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City Council - 05/15/2001
AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 15,2001 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen PRESENTATION OF HUMAN RIGHTS AWARD AND YOUTH SCHOLARSHIP AWARDS I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 17,2001 B. COUNCIL WORKSHOP HELD TUESDAY,MAY 1,2001 C. CITY COUNCIL MEETING HELD TUESDAY,MAY 1,2001 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADC THE BROAD BAND COMPANY SIGN PACKAGE by ADC The Broad Band Company. 2nd Reading for Planned Unit Development District Review with waivers on 91.03 acres, and Zoning District Amendment within the I-5 Zoning District on 91.03 acres. Location: Technology Drive. (Ordinance for PUD District Review and Zoning Amendment) C. REDSTONE GRILLE by Redstone,Inc.2nd Reading for Planned Unit Development District Review with waivers on 2.97 acres,Zoning District Change from Rural to C-Reg-Ser Zoning District on 1.76 acres and from Office to C-Reg- Ser Zoning District on 1.21 acres, and Site Plan Review on 2.97 acres. Location: Eden Road. (Ordinance for PUD District Review and Zoning Change and Resolution for Site Plan Review) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF LIND ADDITION CITY COUNCIL AGENDA May 15,2001 Page 2 E. ALTERNATIVE URBAN AREAWIDE REVIEW by United Health Group for ordering the preparation of an alternative Urban Area Wide Review. Location: south of Crosstown 62, east of Shady Oak Road, and north of City West Parkway. (Resolution for Preparation of an Alternative Urban Area Wide Review) F. AWARD CONTRACT FOR 2001 SEALCOAT TO PEARSON BROTHERS,INC.,I.C. 01-5536 G. AWARD CONTRACT FOR 2001 BITUMINOUS MILL AND OVERLAY TO BITUMINOUS ROADWAYS,I.C. 01-5538 II. AWARD CONTRACT TO RECONDITION LIFT STATION NO. 9 TO PARROT CONTRACTING,I.C. 01-5530 I. APPROVE ENCROACHMENT AGREEMENT WITH LIBERTY PROPERTY LIMITED PARTNERSHIP J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC., FOR DESIGN AND CONSTRUCTION SERVICES FOR DRAINAGE AND STORM SEWER DESIGN FOR MITCHEL ROAD ADJACENT TO ATHERTON TOWNHOMES, I.C. 01-5540 K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC.,FOR DESIGN AND CONSTRUCTION SERVICES FOR STORM SEWER DESIGN FOR RIVERVIEW ROAD BETWEEN PARKER DRIVE AND PURGATORY CREEK,I.C. 52-157 L. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOT 2,BLOCK 1,BELL OAKS FIRST ADDITION, S.S.A. 89-06 M. APROVE RELEASE OF LAND FROM ASSESSMENT REGARDING UTILITY ADDITIONAL CONNECTION CHARGES FOR PID 14-116-22- 34-0004 N. APPROVE CONTRACT WITH STATE OF MINNESOTA FOR ICWC PROGRAM VII. PUBLIC HEARINGS /MEETINGS A. VACATION OF PART OF DRAINAGE AND UTILITY EASEMENT IN WOODLAND PONDS OF EDEN PRAIRIE (Resolution) CITY COUNCIL AGENDA May 15,2001 Page 3 B. EDEN PRAIRIE CENTER SIGN PLAN by General Growth Properties. Request for Planned Unit Development Concept Amendment on 80 acres, Planned Unit Development District Review with waivers on 80 acres, and Zoning District Amendment within the C-Reg Zoning District on 80 acres. Location: Prairie Center Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment) C. INTERNATIONAL SCHOOL AUDITORIUM by International School. Request for Planned Unit Development Concept Amendment on 38.4 acres, Planned Unit Development District Review on 38.4 acres,Zoning District Amendment within the Public Zoning District on 38.4 acres and Site Plan Review on 38.4 acres. Location: Beach Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment) D. VALLEY VIEW CORPORATE CENTER by CSM Equities, L.L.C. Request for Comprehensive Guide Plan Change from Medium Density Residential to Office on 2.39 acres and from Regional Commercial to Office on 4.79 acres, Planned Unit Development Concept Review on 7.18 acres,Planned Unit Development District Review with waivers on 7.18 acres,Zoning District Change from Rural to I-2 on 7.18 acres, Site Plan Review on 7.18 acres, and Preliminary Plat on 7.18 acres into 1 lot and road right of way. Location: Northwest Quadrant of Valley View Road and Topview Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, and Resolution for Preliminary Plat) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION RESCINDING FINAL PLAT APPROVAL OF ENTREVAUX FOR 41 LOTS B. ADOPT RESOLUTION APPROVING REVISED FINAL PLAT OF ENTREVAUX FOR 39 LOTS AND THREE OUTLOTS X. PETITIONS,REQUESTS AND COMMUNICATIONS A. METROPOLITAN COUNCIL REQUEST FOR PUBLIC HOUSING (Resolution) B. REQUEST FOR 42" GRAVE MARKER AT PLEASANT HILL CEMETERY BY DELORES HODGE XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS r J CITY COUNCIL AGENDA May 15,2001 Page 4 A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Reschedule Budget Workshop to June 5,2001 C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Status Report on Pioneer Trail Project 2. Amendment to Developers Agreement with ADC Telecommunications,Inc. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MAY 15,2001 5:00- 6:55 PM, CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Nancy Tyra- Lukens CITY STAFF: City Manager Chris Enger,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz, City Engineer Al Gray, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Attorney Ric Rosow, and Recorder Lorene McWaters NOTE: The Workshop on Budget Process has been rescheduled to June 5, 2001. Therefore, the workshop for tonight, May 15, is CANCELLED. At the time of printing, we have not received any requests to appear at the Forum; however, the deadline to request to appear at Forum is noon on the day of the meeting. We will notify you by e-mail after 12:00 on Tuesday whether or not there will be a Forum at 6:30, or you may call Lorene McWaters at 949-8412 if you prefer. CITY COUNCIL AGENDA DATE: SECTION: May 15,2001 SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: Management Services Natalie Swaggert Presentation of Human Rights Awards and Youth Scholarship Awards Action Mayor Jean Harris, on behalf of the City Council and the Human Rights and Diversity Citizen Advisory Commission,will recognize the recipients of the 2000 Human Rights Award and Youth Scholarship Awards. 2000 Human Rights Award—Individual Category • Rita Krocak(pronounced"crow-check") 2000—2001 Human Rights Youth Scholarship Awards • Kimlang Chan • Erika Langefels (pronounced"lang-fels") Procedure Mayor Harris will recognize/introduce Harry Moran, Chair of Human Rights and Diversity Citizen Advisory Commission, and ask him to come to the podium to present the awards. Mayor Harris will ask each recipient to come up (in order listed above) and then read the Recipient Information(attached). Harry Moran will be at the podium to present the award to each recipient after Mayor Harris reads the text. All three Award recipients have indicated that they will make short"thank-you"remarks to the Mayor and City Council after receiving their award. Background Members of the Human Rights and Diversity Citizen Advisory Commission are: • Harry Moran, Chair • Philip Young, Vice-Chair • Dorothy Fifield • Angie Garcia • Balu Iyer • Jodi Malmquist • Holly Clynch Staff Liaison to the Commission is Michael Barone. Attachments: Recipient Information City of Eden Prairie Human Rights Award—Individual category Recipient Information on Rita Krocak (pronounced Crow—check) The Eden Prairie City Council and the City's Human Rights and Diversity Citizen Advisory Commission are pleased to award Rita Krocak as the 2000 Human Rights Award—Individual category recipient. Nominations for the Human Rights Award must demonstrate how their recent activities or programs have directly benefitted the community of Eden Prairie and relate to the stated intentions of the Eden Prairie Manifesto. Rita Krocak has been the SHAPE Liaison in Eden Prairie since 1990. SHAPE, or South Hennepin Adult Programs in Education, is a consortium of four school districts—Eden Prairie, Edina,Richfield and Bloomington—serving adults with basic educational programs. SHAPE's mission for adult learners is to help with new or better jobs, expanded careers, and improved family and community effectiveness. As SHAPE Liaison,Rita works with students and teachers; and network with businesses, government agencies, and other organizations. One very successful program is the GED (or General Education Development)program. Students successful in passing the GED exam receive a high school equivalency certificate, and the Eden Prairie SHAPE program currently serves 100+students. Students have flexible hours at various sites for instruction, available skill building in reading, writing, and math, and available help for career exploration and/or technical or college prep. SHAPE also pioneered the first on- line high school diploma completion program using the Internet, called Mindquest. Another successful program is the ESL(or English as a Second Language)program. The ESL program in Eden Prairie has grown from 1 classroom in the late 1980's to the current 10 classrooms at three sites. In recent years, Eden Prairie's ESL program has had the fastest growth of all four of the SHAPE cities, serving 374 Immigrant and Refugee students in 2000,with that student number still growing. Rita,her husband, and six children have lived in Eden Prairie since 1985. After being a stay-at- home mom,Rita went back to college, earning a degree in Human Services. She has worked as an ESL tutor, and as a para-professional in Special Education at Eden Prairie High School,before beginning her position at Eden Prairie SHAPE in 1990. She has received two Awards from the National and Minnesota Community Education Association, and received the Eden Prairie Chamber of Commerce Athena Award in 1998. Over the past 4 '/ years,Rita has volunteered three hours per week at FamiLink, and is a member of the South Hennepin Immigrant Services Group. She has worked many hours to help members of Eden Prairie's diverse community accomplish their goals towards education and self-sufficiency. As stated by Nancy Holden of FamiLink,who nominated Rita for this Award, "Rita has advocated for and assisted these populations before the rest of the community began to identify their needs." For all these reasons,Rita Krocak is being recognized as the City of Eden Prairie's Human Rights Award—Individual category recipient for 2000. GI}R'htlKE\HuD.CA .CHRA,YSA,&bLKItemslHumanRightsAwards\?001HRAs12000HRAAwardInfoonRKrocakforMayorHarrison05-15-01.doc City of Eden Prairie • Human Rights Youth Scholarship Award Information on Kimlang Chan The Eden Prairie City Council and the City's Human Rights and Diversity Citizen Advisory Commission are pleased to award the first of two recipients for the 2000—2001 Human Rights Youth Scholarship Award to Kimlang Chan. Scholarship applicants were asked to show a demonstrated commitment to the human rights ideals of Dr. Martin Luther King, Jr., and others in their school,volunteer, church, and community activities. High school seniors who reside in Eden Prairie and plan to pursue post-secondary education are eligible to apply for this one-time $500 Scholarship Award. Kimlang Chan's high school activities at Eden Prairie High School include: • Participating for two years in the Key Club. The Key Club performs community volunteer activities. • Participating in the Diversity Club for three years. This club promotes ethnic awareness and diversity through an annual Diversity Fair at the High School. ■ She is a member of the National Honor Society. Her NHS volunteer activities include over 40 hours for both tutoring students at the ABC Foundation house, and working on the school's Blood Drive. ■ Serving as a member of the Youth Public Relations Council. This group promotes school life with student and parents. ■ Participating in Circle of FIRE, where students commit to staying chemically free and work with peers and younger students to do the same, discussing values and choices. • Serves as President of the French club. • She has participated on the Track team. • She currently is the Captain of the varsity Badminton team. Kimlang's activities outside of school include: ■ Volunteering four hours per week for the past four years at Methodist Hospital in numerous areas,including the One-day Surgery Center, Orthopedics, Gift Shop, Flower Shop and Coffee Shop. Kimlang is an Advanced Placement Scholar at Eden Prairie High School, and plans to pursue International Business at the University of California—Berkeley this fall. For all these reasons,the City is happy to award Kimlang Chan as a recipient of the 2000—2001 Human Rights Youth Scholarship Award. G:HRUMIKE tr R D.C.A.CIFIRA,YSA,&MIX Items\Youth SchoLuship\2001\2001YSA Award Infor on K Chan for Mayor Harris for 05-15-01.doc City of Eden Prairie Human Rights Youth Scholarship Award Information on Erika Langefels (pronounced Lang—fels) The Eden Prairie City Council and the City's Human Rights and Diversity Citizen Advisory Commission are pleased to award the second of two recipients for the 2000—2001 Human Rights Youth Scholarship Award to Erika Langefels. Scholarship applicants were asked to show a demonstrated commitment to the human rights ideals of Dr. Martin Luther King, Jr., and others in their school,volunteer, church, and community activities. High school seniors who reside in Eden Prairie and plan to pursue post-secondary education are eligible to apply for this one-time $500 Scholarship Award. Erika Langefels high school activities at Eden Prairie High School include: • Participating for two years on the Yearbook staff as Sports Editor. • Participating in the High School Concert Choir and the Women's Concert Chorale. Both of these Choirs are the top Choirs at Eden Prairie High School that represent the school at regional contests and festivals. • Participating in Circle of FIRE,where students commit to staying chemically free and work with peers and younger students to do the same, discussing values and choices. • She is a member of the National Honor Society. Her NHS volunteer activities include over 40 hours for both the school's food drive and the book drive. Erika's activities outside of school include: • Volunteered time through her church to teach confirmation classes, spending time helping with the latchkey program,working with the disabled, and helping to create food and gift baskets for the Christmas holiday season. Erika plans to pursue International Business at Miami (Ohio)University this fall. For all these reasons, the City is happy to award Erika Langefels as a recipient of the 2000— 2001 Human Rights Youth Scholarship Award. G:\HR1MIKEH.R.D.CA.0 HRA,YSA,&MLK Items\Human Rights Awards\2001 HRAs\2001 YSA Award Info on Erika Langefels for Mayor Harris on 05-15-01.doc A . UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,APRIL 17,2001 5:00-6:55 PM, CITY CENTER HERITAGE ROOMS I&II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ron Case;Jan Mosman, Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger,Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert,Public Safety Services Director, Jim Clark,Parks and Recreation Services Director Bob Lambert, City Attorney Ric Rosow,Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:40 p.m. II. APPROVAL OF AGENDA III. CIP UPDATE City Manager Chris Enger and Financial Services Director Don Uram reviewed the Capital Improvements Plan(CIP)background and process. Best Financial Practices used in the plan include: • A fund balance/working capital policy that maintains an adequate revenue stabilization fund(which is made up of excess permitting fees that are set aside to covering future operating expenses) • Multi-year financial forecasting that uses a balanced budget model • Quarterly financial reporting • Debt affordability reviews • A five-year CIP that integrates operating costs A capital improvement is defined as a construction project or capital purchase that costs more than$25,000 (set by the Council) and has a useful life of more than five years. Enger described the Capital Improvement Plan as the systematic planning, scheduling, and financing of capital projects. The City's current CIP was developed by staff based on values and direction provided by the Council and went through several iterations with Council input before approval. Enger indicated that capital improvement planning is typically not a task delegated to an advisory group. There are three types of capital improvements: Maintenance—Reconstruction,rehabilitation or restoration of an existing system or facility to full functionality. Support—Expansion of an existing system or facility to meet increased demands. COUNCIL WORKSHOP MINUTES April 17,2001 Page 2 Expansion—Construction of a new system or expansion of an existing system to meet increased demands or enhance services. Capital projects are divided into three categories based on urgency of need. "A"projects are those that must be completed; "B"projects are necessary,but timing is not critical; and"C" projects are desirable if funding is available. Staff have identified capital improvements through 2005 at$20,512,500, and have identified an additional$4,791,000 in projects beyond 2005, for a total of$25,303,500. Current funding sources include the CIP Revolving Fund, General Fund Tax Levy, one-time revenues (sales of city-owned land), and the Park Improvement Fund. Potential funding sources include the Liquor Enterprise Fund,bonding, City Center Debt Service Fund, a Street Light Utility, and possible Street Utility(which would require passage of legislation at the State level). Projects not currently on in the CIP that may require consideration include: • GTA Projects($6-12 M) • Unfunded Transportation Projects ($10 M) • Public Safety Training Facility($400,000) • Southwest Fire Station($2.5 M) • City Center Parking($1 M) • Purgatory Creek Recreation Area Entry($2-5 M) • Water Park/Community Center($4 M) • Parkland Acquisition($2 M) • Management Conservation Areas ($2 M) • Birch Island Woods/Picha($3 M) • Historic Sites Improvements ($1 M) • Golf Course($4-5 M) • Third Ice Rink($4 M) • Youth Athletic Fields ($1-4 M) • Golf Course($4-5 M) Total $42.9—55.9 M • Uram noted that almost none of these projects were part of the original CIP "A"list. Councilmember Butcher indicated it is important to differentiate between discretionary and necessary projects. Councilmember Case said he would like to review the entire list again and tweak it, if necessary. It was noted that some"A"priority items may not have to be fully funded by the City. Some state funding may be available for Golden Triangle road improvements, and public/private partnerships might help fund historic homes renovations. Councilmember Tyra-Lukens asked if a project that received partial outside funding would be bumped up the list in priority. Enger said that would depend on the timeliness of the funding. Councilmember Mosman asked at what point the City would consider a bond issue. Enger said that would depend on any possible school bond issues and other factors. He said the Council has historically deferred to the school district when they have indicated they need to do a bond issue. COUNCIL WORKSHOP MINUTES April 17,2001 Page 3 IV. COUNCIL FORUM V. ADJOURNMENT Mayor Harris adjourned the meeting at 6:55 p.m. 3 . ?) UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL. COMMUNITY PROGRAM BOARD,AND PARKS &RECREATION CITIZEN ADVISORY COMMISSION JOINT WORKSHOP/FORUM COMMUNITY SURVEY TUESDAY,MAY 1, 2001 5:00- 6:55 PM, CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Nancy Tyra-Lukens COMMUNITY PROGRAM BOARD: Muna Yasiri,Harry Davis, Jr.,Dick Brown PARKS &RECREATION CITIZEN ADVISORY COMMISSION: Kim Teaver,Philip Wright,David Larson, John Murray CITY STAFF: City Manager Chris Enger,Public Works Services Director Eugene Dietz,Parks &Recreation Services Director Robert Lambert,Manager of Recreation Services Laurie Obiazor, Senior Recreation Coordinator Tria Mann,Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Attorney Ric Rosow, and Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS II. APPROVAL OF AGENDA III. COMMUNITY SURVEY Enger said the challenge facing the Council, Community Program Board, and Parks and Recreation Citizen Advisory Commission is to incorporate the Community Values, Council Values, Strategic Initiatives, Community Forum/Survey Results, Comprehensive Guide Plan, and Capital Improvement Program Strategies into their decision making processes. Community values, developed from a 1997 citizens forum, include doing more with less, optimizing current services,undertaking incremental rather than quantum change, • proactive negotiation, and continuous communications. Council Values, also adopted in 1997, include the following statements: • We will actively seek information through an open process and make decisions only after careful consideration. • We will balance competing needs/interests within the framework of community resources. • We will make decisions that are fiscally sound and sustainable. • We will foster a safe and caring community that welcomes and enhances economic, ethnic, cultural, and life-cycle diversity. Strategic Initiatives include: ■ Developing and nurturing strategic partnerships that are mutually beneficial to optimize opportunities and creatively use resources. • Investing resources in people,programs, facilities, and infrastructure to support a vital community,protect our natural resources and preserve our heritage. ■ Reflecting our community's diversity and changing demographics in our provision of services and programs. • Providing effective,timely and open communication channels for City residents and businesses to build awareness and promote programs and services. Parks and Recreation Services Director Lambert explained that the Met Council requires communities to update their Comprehensive Guide Plan,which includes the Park Plan, every 10 years. Commission,Board and Council meetings are held to review and discuss proposed updates. The public at large is also encouraged to provide input. When the Guide Plan was updated 10 years ago,the City held a series of neighborhood meetings and conducted a citywide survey. During the most current update in Fall 2000,the City conducted an electronic brainstorming session that involved 100 randomly selected citizens as well as a citywide survey. Forum and survey data were considered along with use pattern data and adopted standards as a basis for recommendations regarding future land acquisition and priorities for development of facilities. Finance Director Don Uram reviewed basics of the capital improvement planning process. The current CIP budget, covering 2000—2005 and beyond,totals $25,303,500. Unfunded challenges include the following: • GTA Projects ($6-12 M) • Unfunded Transportation Projects ($10 M) • Public Safety Training Facility($400,000) • Southwest Fire Station($2.5 M) • City Center Parking ($1 M) • Purgatory Creek Recreation Area Entry($2-5 M) • Water Park/Community Center($4 M) ■ Parkland Acquisition($2 M) • Management Conservation Areas ($2 M) • Birch Island Woods/Picha($3 M) • Historic Sites Improvements ($1 M) ■ Golf Course($4-5 M) • Third Ice Rink($4 M) • Youth Athletic Fields ($1-4 M) • Golf Course($4-5 M) Total $42.9—55.9 M Just because an item has a high rating on the Community Survey, it will not necessarily be constructed. The other decision-making tools discussed above come into play as well when determining which projects will be funded. Mayor Harris opened the meeting to questions from Program Board and Parks and Recreation Commission members. Harry Davis, Jr., asked for further clarification on the projects listed as challenges. He said some seemed much more pressing than others,i.e.,the fire station. Enger said the list came from various sources, including recent task forces, citizen advocacy groups, individual Councilmembers, and staff. These items are considered challenges because they were not included in the original CIP process, and have not received formal evaluation,prioritization, or funding consideration. In order to fund these projects,the Council would have to: ■ Obtain additional funding • Reprioritize projects on the CIP • Issue additional debt • Develop partnerships that will bring additional funding Enger noted that in addition to the capital costs of projects,maintenance, operating and replacement costs that must also be considered. These costs can exceed the cost of the facility itself. Enger said the Council has been working on decreasing the City's operational costs over the past two years within the framework of current facilities and services. Yasiri suggested an incremental approach to implementing programs over a number of years. Philip Wright asked whether the City has additional borrowing capacity. Uram said the City has the ability to issue additional debt,but warned that some rating agencies (such as Moody's) are already critical of the level of the City's overlapping debt with the school district. Dick Brown asked what process would be used to respond to wants and needs expressed in the survey. He particularly asked for clarification on the role of the Program Board and Parks and Recreation Citizen Advisory Commission in making recommendations that will impact the CIP. Enger said Council had directed staff to provide recommendations on the CIP, and that staff will be bringing back a list of recommendations for the CIP based on Council direction. Council will then hold work sessions to finalize the CIP. Mayor Harris said the Boards and Commissions would have a role in making recommendations. She also said she expects there will be additional joint meetings with the Council. V. COUNCIL FORUM--DOLORES HODGE Delores Hodge appeared in response to Council action at the April 17, 2001,meeting denying her request to place a 42"grave marker on a double grave in Pleasant Hill Cemetery. Hodge challenged the City's assertion that it would be responsible for damages if the grave marker is accidentally cracked during digging of adjacent graves. She also said the 42"grave marker is needed because there will be three names inscribed on it. Councilmembers indicated a willingness to reconsider the request at the next Council Meeting. VI. ADJOURNMENT 3 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 1,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 — 6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Mosman moved, seconded by Tyra-Lukens, to approve the agenda as published. Motion carried 5-0. V. PROCLAMATIONS A. SENIOR AWARENESS WEEK—MAY 4- 18 Mayor Harris read the Proclamation naming May 4-18, 2001 Senior Awareness Week. The theme this year is "The Many Faces of Seniors." She presented the Proclamation to a representative group of senior citizens. B. ARBOR DAY IN EDEN PRAIRIE—MAY 5,2001 Mayor Harris read the Proclamation naming May 5, 2001 Arbor Day in Eden Prairie, which is set aside for the planting of trees. She urged all citizens to support efforts to protect our trees and woodlands and support the City's urban forestry program. CITY COUNCIL MINUTES May 1,2001 Page 2 Mosman said she is a member of the Restore Our Gym Task Force, and read an invitation to attend a program on the early days of the Eden Prairie schools on May 11, from 9:30-11:00 at the school gym. This is being held in conjunction with National Preservation Week and Senior Awareness Week. Several long-time residents will share some of the history of Eden Prairie schools. Pictures of the remodeling of the gym will be on display, and those attending will learn about possible future renovations. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,APRIL 17,2001 Harris made a correction on page 12, where the title for item 2 should read "Invitation to the Public to Attend Presentation by Jeffersonian Scholar— Mayor Harris", and repeated again in the body of the following paragraph. MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, April 17, 2001 as published. Motion carried 5-0. VII CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LIND ADDITION by Eric Lind. 2nd Reading for Planned Unit Development District Review with waivers on 1.68 acres, Zoning District Change from Rural to R1-22 Zoning District on 1.18 acres and Zoning District Amendment within the R1-22 Zoning District on .50 acres. Location: Southeast corner of Eden Prairie Road and Scenic Heights Road. (Ordinance No. 14-2001-PUD-9-2001 for PUD District Review,Zoning Change and Zoning Amendment C. ADOPT RESOLUTION NO. 2001-70 APPROVING FINAL PLAT FOR OAKPARKE ESTATES 3RD ADDITION D. ADOPT RESOLUTION NO. 2001-71 AUTHORIZING FEASIBILITY STUDY FOR CEDARCREST DRIVE IMPROVEMENTS,I.C. 00-5520 E. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT, S.S.A. 97-09 F. ADOPT RESOLUTION NO. 2001-72 AUTHORIZING ACQUISITION OF EASEMENTS FOR CHARLSON AREA IMPROVEMENTS G. AWARD BID TO TRUERIDE, INC. FOR INSTALLATION OF SKATE PARK EQUIPMENT AT ROUND LAKE PARK H. AWARD CONTRACT FOR REROOFING PROJECTS AT CITY CENTER,PARAMEDICS QUARTERS AND FIRE STATION#3 CITY COUNCIL MINUTES May 1,2001 Page 3 I. DECLARATION OF SURPLUS OflICE FURNITURE AND AUTHORIZATION FOR DISPOSAL Butcher referenced Item G. about the installation of skate park equipment at Round Lake Park. She asked Lambert when the lake will be open for swimming. Lambert said the goal is to be open by the 4th of July. MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Items A-I on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS • A. BLUFF COUNTRY VILLAGE AMENDMENT by The Bluffs Company. Request for Planned Unit Development Concept Amendment on 7.2 acres, Planned Unit Development District Review on 7.2 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 4.0 acres, Zoning District Change from Rural to Neighborhood Commercial on 3.0 acres, Site Plan Review on 7.2 acres, and Preliminary Plat of 7.2 acres into 5 lots. Location: Pioneer Trail and Hennepin Town Road. (Resolution No. 2001-73 for PUD Concept Amendment, Ordinance for PUD District Review, Zoning Change and Zoning Amendment, and Resolution No. 2001-74 for Preliminary Plat) Enger said official notice of this public hearing was published in the April 19, 2001,Eden Prairie News and was sent to 177 property owners. Brian Cluts, architect for the project, said the prior plan was approved by the City Council that included a mixed-use retail development and had concept approval for senior housing and retail. Over the course of the development it was decided to revise the plan for 7.2 acres. There would now be a 3-story, 40-unit senior building with 11,622 square feet of retail space on the first floor. This replaces the 30-unit senior building east of Hennepin Town Road. The roof of the senior/retail building will be used as an outdoor patio. West of Hennepin Town Road there would be a 23,945 square-foot retail area, 3 townhouses, 12 live-work townhouses, and 8 senior townhouse units. This would replace the 27,000-square-foot retail building, a gas station, a park-and-ride lot, and 15 live-work townhouse units west of Hennepin Town Road. The plaza concept would be maintained and included in four areas on the site. Tyra-Lukens asked if they had spoken to the staff of Southwest Metro about loss of the park and ride and bus access. Cluts said when Southwest Metro decided not to be a part of the development, he took it out of the plan. They have provided for bus access. Case asked how the live-work area would be signed. Cluts said there are only four units in the live-work area and they would have four small signs over each entrance. There would also be a pylon sign identifying that portion of the project. 3 CITY COUNCIL MINUTES May 1,2001 Page 4 Butcher asked what kind of retail would be attracted to that complex. Cluts said they anticipate more office-type use such as real estate, attorneys and architects; all of which would be businesses that generate low volumes of traffic. Case asked if there is a track record to prove the live-work concept works. Cluts said he heard of one being built in Minneapolis and a combination of retail and senior housing in Shakopee that has been very successful. Case asked if there are contingency plans if it doesn't work out to convert it? Cluts said in case it doesn't work out,they would like to have the flexibility to convert it back to retail. Mosman said the intersection coming into the live-work complex is very busy, and she wondered about the amount of traffic that would come in. Cluts said there would not be a large amount of traffic. Franzen said the neighborhood/comrnercial zoning district allows the flexibility to use the live-work area as either residential or office. At the information meeting held by the Planning Board in January, they discussed what uses were clearly within the spirit and intent of the Comprehensive Guide Plan for this corner and the original PUD. It was decided that the gas station should be on the east side of the road, and invited the developer to come back with project details 30 days later. At that time the Planning Board determined that the tree loss was too high and the relationship between commercial and residential on the west side of Hennepin Town Line Road was not as good as the approved plan. Two weeks later the developer came back with reduced tree loss and brought the residential and commercial relationship back to the approved plan on the west side of the road. The Planning Board then voted 7-0 to recommend approval of the project. Dietz discussed access. He said at the original approval of the project there was a lot of discussion about the median opening for Walgreens, and finally settled on a left-in only from southbound Hennepin Town Line Road. This has been modified by the developer to allow a left-in lane into the west side of the property as well. Staff has not reviewed this yet,however. If the Council is inclined to approve the project, it should understand that it would be for left-in to Walgreens only. If the Council wishes staff to study it further and obtain additional access, staff could review that between the 1st and 2nd Reading and report back to the Council. A fair amount of time had been spent on this at the earlier meetings and the solution was a left-in to Walgreens only. Mayor Harris asked if the redesign avoided the necessity for a left-in only at Walgreens. Dietz replied this left-in lane for Walgreens is about to be constructed so a change might cause some delays. He was not prepared to offer a firm recommendation about modifying from the original approval. Mayor Harris asked if Council were to approve the project,would staff look at all possible options to move the traffic freely between these two sides of the road? Dietz said the concern is the location of the median opening in relationship to Pioneer Trail. CITY COUNCIL MINUTES May 1,2001 Page 5 Butcher said she noticed some of the residents were interested in extension of the sound wall on Highway 169. She asked if there is a way to get it extended to form a greater buffer at the end of it. Dietz replied he didn't think there was a convenient way to do it at this time. When the Highway 169 project was designed, it was for a different type of use. There have been changes since then and MnDOT would not likely come back and put in a sound wall. Perhaps MnDOT would consider putting a wall in with the interchange project. When the City begins the review process, they can try to negotiate putting in a wall. Also, the Council will be requested by MnDOT to approve a project at the interchange and could request the sound wall. Mayor Harris asked if anyone wished to address the Council about this project. Kim Lindquist, 9933 Balmoral Lane, stated she been consistent in supporting the project. Lindquist shared her concerns regarding the sound barrier, the landscaping between the sound wall and the property line, the location of the commercial area, the intersection configuration where Walgreens will be located, and the pylon sign at the entrance to her neighborhood. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. Butcher asked Gene Dietz what the timing is for MnDOT constructing the interchange at Pioneer Trail and T.H. 169. Dietz didn't have that information. The only funding that has been allocated is for right-of-way acquisition and some of the design work; no funding has been identified for the intersection itself. However, T.H. 169 has been designated an inter-regional corridor and that makes it a higher priority than some other roadway systems in the state, and an allocation was made for beginning the study process. Case said the Council previously spent a lot of time discussing this intersection of left-in, right-out, and there was concern was people cutting across the gas station property. Since the gas station was removed from the plan, Case wondered if it couldn't be opened up. Dietz replied the issues before were about projected volumes of traffic on southbound Hennepin Town Road leading to the signal at Pioneer Trail and that would block the entrance for those making a left turn because it is so close to the intersection. It would also cause some backup of traffic because of people making a left turn. A gas station would generate more traffic, and he believed the change in use might have'some implications regarding the City's position on this,which was not addressed or studied or discussed before the Planning Board meeting. Case said he noticed the traffic numbers were substantially lower with the revised plan. Before the 2nd Reading, he would like to have the engineering staff look at this and consider if perhaps it could be opened up because of the lower volumes of traffic. He also asked staff to look at the entire intersection and see if it makes sense to open it up. 5 CITY COUNCIL MINUTES May 1,2001 Page 6 Mayor Harris noted there has been a significant change with this new design. Mosman asked if there is any precedent for doing any grading or landscaping in a highway right-of-way. She wondered if it could be negotiated with MnDOT. Dietz replied there is precedent for landscaping adjacent to and within a highway right-of-way. He believed MnDOT would consider the idea. There may be some safety zone areas where they would not allow trees to go in. There would probably be opportunities to put in more landscaping along the property line, on the backside of the ditch, but MnDOT has not been asked or answered that question. Mayor Harris said the Council could ask staff to approach MnDOT about that matter. Dietz said if the developer is asked to do the landscaping so it would be well screened, staff would then go to MnDOT with that information and staff could work on the plan. Butcher asked if there would be three pylon signs. Franzen answered the City Code would allow a PUD identity sign at the entrance to the development. Also there can be a sign for Walgreens building, a sign for the senior housing- commercial building and the retail building on the west side of Hennepin Town Line Road. The only thing not in the plan is the detail of what the sign looks like. They would allow up to a 20-foot-high pylon for a sign in the commercial district. The retail building gains some visibility by having some signs on the building rather than a tall pylon sign. As part of the PUD the Council has the latitude to restrict the height of the sign. The PUD sign along the highway right-of-way that is 20 feet tall is some distance from the neighborhood, and perhaps signs that are closer to the neighborhood could be limited in height to ten-foot-high monument signs. Case said he assumed that when the interchange is constructed, Pioneer Trail will go over T.H. 169, so if the landscaping is put in to block the view now, in ten years it no longer will. Dietz said T.H. 169 will stay at grade, and Pioneer Trail will go up and over it. Case said it was agreed staff would work to get that road screened. If it is appropriate to do so, he would like to have a letter come out of this process from the Mayor to MnDOT, stating the Council highly recommends that this sound wall be addressed as the potential overpass process comes to fruition. That would put the letter into the historical record. Dietz said staff would do that if Council wishes. MOTION: Butcher moved, seconded by Tyra-Lukens, to adopt Resolution No. 2001-73 for Planned Unit Development Concept Amendment on 7.2 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers on 7.2 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 4.0 acres and Zoning District Change from Rural to Neighborhood Commercial on 3.0 acres; and approve Resolution No. 2001-74 for Preliminary Plat of 7.2 acres into 5 lots; and direct CITY COUNCIL MINUTES May 1,2001 Page 7 Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and the following Council conditions: ask proponent to make sure the area discussed is well screened, ask the Staff to contact MnDOT about the potential for mitigating the sound with a sound wall in their plans, and for Staff to review the intersection before the 2nd Reading. Motion carried 5-0. B. FLYING CLOUD BUSINESS PARK by Moen-Leuer Construction. Request for Comprehensive Guide Plan Change from Medium Density Residential to Industrial on 9 acres, Planned Unit Development Concept Review on 19.3 acres, Planned Unit Development District Review with waivers on 19.3 acres, Zoning District Change from Rural to the I-2 Zoning District on 19.3 acres, Site Plan Review on 19.3 acres, and Preliminary Plat of 19.3 acres into 2 lots. Location: Northwest Corner of Pioneer Trail and Flying Cloud Drive. (Resolution No. 2001-75 for Guide Plan Change, Resolution No. 2001-76 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, and Resolution No. 2001-77 for Preliminary Plat) Enger said official notice of this public hearing was published in the April 19, 2001 Eden Prairie News and was sent to 24 property owners. Debra Brodsho, of Broadsho Consulting, is the landscape architect for the project. The project is two one-story office-warehouse and office-industrial buildings, totaling 172,111 square feet, on the northwest corner of Pioneer Trail and T.H 2112. Currently there are five lots at this location and three existing family homes,plus several outbuildings. The houses and outbuildings will be torn down, and all but one of the existing driveways will be closed. The remaining driveway will provide the only access to the site. The site is in compliance with all City requirements regarding parking, landscaping, etc. They are asking for two waivers. One is for reduced parking setback. The reason for this request is that, by pulling the parking lots closer to the road, they can save a greater proportion of the trees on the back of the property. The other waiver is for percentage of office use from 50 percent to 75 percent. There is a large retaining wall going through the site that separates the building sites. Also, there is another large retaining wall that preserves the slope. Although there are not a lot of significant trees, the shrubs provide stability to the slope. The majority of trees are cedar and box elder. Two NURP ponds will be located for the minimum amount of tree loss. The buildings were designed so the exterior elevations facing the street are for the offices and would have a large amount of two-toned brick and glass. Brodsho said that at the Planning Board meeting the developers were asked to use more historic species of trees. The landscape plan was done so it was very urbanized and formal, but off to the edges it has a more informal appearance to better blend with the historic nature of the adjacent property. A trail system will be installed along Pioneer Trail and Highway 212 and will be connected to the front entrances. CITY COUNCIL MINUTES May 1,2001 Page 8 Butcher asked what kind of showrooms there would be. Brodsho answered there would not be any showrooms; the buildings would be for office and industrial use. They are being built on speculation and there are no tenants yet, but they would have to be in compliance with I-2 zoning standards. Franzen said the Community Planning Board voted 6-0 to recommend approval of the project at the April 9, 2001 meeting. They also voted to recommend approval of the setback and percentage of office use waivers. The revised landscape plan shows plant material that is more consistent with the historic nature of the Cummins-Grill House and tree loss along the utility extensions would be replaced with 24 inches of a variety of oak trees. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2001-75 for Comprehensive Guide Plan Change from Medium Density Residential to Industrial on 9 acres; and adopt Resolution No. 2001-76 for Planned Unit Development Concept Review on 19.3 acres; and approve 1st Reading of the Ordinance for Planned Unite Development District Review with waivers on 19.3 acres and Zoning District Change from Rural to the I-2 Zoning District on 19.3 acres; and adopt Resolution No. 2000-77 for Preliminary Plat of 19.3 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Butcher said she couldn't help but notice how close this property is to the Cummins-Grill House. There are times of the year when the City has functions at that house, and it would be appreciated if the parking lot on the Flying Cloud Business Park property could be used for some of these City functions, assuming the parking lot at the business park would not be used by tenants on the weekends. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Case, to approve Payment of Claims. Motion was approved on a roll call vote,with Butcher, Case,Mosman, Tyra-Lukens and Harris voting"aye." X. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION NO. 2001-78 RESCINDING FINAL PLAT OF NORTH BLUFF 2"ADDITION Enger explained this is a request to rescind the final plat of North Bluff 2nd Addition for 52 lots, approved at the December 5, 2000 Council meeting. The second motion is to adopt the resolution approving the revised final plat, which consists of 36.6 acres for 41 lots and one outlot. When the North Bluff 2nd Addition was approved, MAC acquired a portion of the property for the Flying CITY COUNCIL MINUTES May 1,2001 Page 9 Cloud Airport. At the time of the writing of the Staff Report, staff and MAC were in agreement as to what MAC's requirements were. City staff recommendation is for approval of rescinding of the final plat and approval of the new final plat with the 41 lots. Enger said he understood that MAC has requested an opportunity to address the Council and give their position. Mark J. Ryan, EIS Project Manager for MAC, referenced the letter he sent to the City regarding this development of the North Bluff 2nd Addition. He wanted to make the Council aware of some of the things going on with this project regarding the evolution of the work as it relates to the airport, the relationship to Eden Prairie and the Laukka-Jarvis development. In December 2000, MAC took action to acquire as much of this 2nd Addition area as possible, for protection of the one- way approach to the airport. In subsequent meetings with Laukka-Jarvis, Peter Jarvis asked if they could take less than the whole 100 acres. Staff met with Peter Jarvis and went through several deliberations and concurred the property could be developed consistent with the safety needs for the runway approach. At the same time MAC is going through the Supplemental Draft EIS and has full participation of the Mayor and City staff for a noise mitigation plan for this project. It was clear a certain type of development would be acceptable and a certain type would not be acceptable. In the past two months MAC has been working with noise restrictions in terms of Ordinance 51 and the types of aircraft that could use the airport. The FAA said that was not allowed because it was unconstitutional. MAC reached a compromise with the developer and felt their proposed modification would be acceptable under aviation safety standards. MAC has no intention of acquiring any platted developments. Anything in place as open space in February 2000 MAC would consider as undeveloped. Anything after that date MAC would consider as developed. They believed a compromise with Laukka-Jarvis was appropriate at this point. Case stated his reaction to the statement in Ryan's letter dated April 26 to Scott Kipp that "Given the continuing residential encroachment on FCM, . . ." Case said encroachment is not development of legally platted land and implies to him actually land that seeps into the airport property. The City's position has been if MAC doesn't want certain land developed, then MAC should purchase it. If • MAC does not, it is not encroachment because it is legally platted and should be developed into houses. However, if certain land is a problem for MAC, it needs to be purchased by them. So"encroachment" seems like a misstatement Ryan replied MAC has already acquired about 220 acres of property on the west side of Flying Cloud airport and this would be additional property on the east side. Case responded that he was glad MAC purchased property it believes is a problem,but anything they don't purchase they can't claim later is a problem, and therefore it is not encroachment. Mayor Harris thanked Mr.Ryan for coming. 9 CITY COUNCIL MINUTES May 1,2001 Page 10 Peter Jarvis, the developer, said this sequence of Council actions affect his development. First is to rescind the plat, currently approved, and then to approve the revised plat,predicated on the negotiated plan with MAC. Case asked if the two motions could be done jointly. Rosow replied they can be discussed together but must be voted on separately. Jarvis described the plat. The outlot to the north was cut out, resulting in the loss of 11 lots. Rosow advised the Council not to approve the rescission unless they believe they are going to approve the other, because there is no legal basis to approve the rescission other than the request of the property owner. Mayor Harris said when safety zones are considered; it is difficult not to support the revised plat in that context. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution No. 2001-78 rescinding the final plat of North Bluff 2nd Addition for 52 lots, approved at the December 5,2000 Council meeting. Motion carried 5-0. B. ADOPT RESOLUTION NO. 2001-79 APPROVING REVISED FINAL PLAT OF NORTH BLUFF 2"ADDITION MOTION: Case moved, seconded by Butcher, to adopt Resolution No. 2001-79 approving the revised final plat of North Bluffs 2nd Addition for 41 lots and one outlot. Motion carried 5-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. HABITAT FOR TECHNOLOGY Jim Smiley spoke on behalf of Habitat for Technology. He is a resident of Eden Prairie, a retired vice-president of Qwest, and is currently a partner in the consulting firm of Smiley and Larson. Habitat for Technology began March 1, 2001, and was started by a volunteer group of businessmen and educators who have joined together to build on Eden Prairie's reputation as a good place to live, work and get educated. The members are all community leaders, either living in Eden Prairie or have a business in the City. The members have provided a fund of$100,000 to carry out their goals. The goal is to grow the existing business technology sector and to build linkages to schools and the business sectors. The group's first objective is to improve the educational experiences of secondary and post-secondary students through technology opportunities. They hope to find 25 intern sites for students from Eden Prairie High School and Hennepin Technical College and 10 job-shadow sites for teachers from those schools, in partnership with the Chamber of Commerce. /0 CITY COUNCIL MINUTES May 1,2001 Page 11 The second objective is to improve communication and cooperation with City Government. Smiley has met with the City Manager and Mayor Harris to discuss this objective and he hoped strategies can be developed as a result of that meeting. The third goal is to recruit and retain technology businesses in Eden Prairie. The economic downturn has not affected business in Eden Prairie. Smiley believes those businesses will continue to grow. Another objective is to facilitate community information exchange. They plan to put community events on their Web site,habitatfortechnology.org. Mayor Harris said it was great to have Habitat for Technology in Eden Prairie focusing on technology and the future. There is an opportunity for the City to partner with them in one or more areas. One of those is for the City to provide an internship for a student from the high school or technical college. A second is looking at the City's needs and the fact they are exploring e-govemment as it would impact Eden Prairie in form and content. She proposed to appoint members of the City's top executive staff to meet with members of Habitat for Technology to define what a working relationship or specific project might be, and to establish this as a working group and come back to the Council with some ideas and suggestions. Mayor Harris recessed the meeting at 8:30 p.m., and called the meeting back to order at 8:42 p.m. XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Council Effectiveness Retreat and Meeting with City Staff Enger suggested a couple of dates for a continued Council Effectiveness Discussion and Retreat. The choices of dates would be either Wednesday, May 16 or Thursday, May 17. Secondly, two potential dates at the end of May for a second session with the Council and staff would be either Tuesday,May 29 or Wednesday,May 30. It was decided that May 16 from 2:30 to 8:30 p.m., and May 29 from 3:30 to 9:30 p.m. would be the dates and times for these two special Council meetings. CITY COUNCIL MINUTES May 1,2001 Page 12 2. Support for Transportation Funding Bill in State Legislature Enger said Councilmembers were urged to support House and Senate versions of a transportation funding bill through e-mails from the I-494 Corridor Commission. The message that was suggested by the I-494 Commission is that the current$1 billion problem was created by a lack of funding in the 1990s, and urged the Legislature make a long-term funding commitment, to transfer 100 percent of the motor vehicle sales tax, increase the gas tax, and use at least a portion of the budget surplus for transportation funding to keep MnDOT moving. The Commission asked the Councilmembers to contact their state representatives regarding this. Enger said staff would send an e-mail, followed by a letter, to the City's representatives supporting transportation funding. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Response to April 12th Letter from Friends of Birch Island Wood Lambert referenced the letter containing five requests. The Council has been provided with responses to those requests. The first one was to request removal of the "No Trespassing" signs posted by Hennepin County. Staff contacted the County and was told if the City would indemnify the County,the County would consider removing the signs. Mayor Harris said the City's insurance company would not do that because the signs are on County land. Lambert said, regarding reappraisal of Parcel A, staff would recommend that the appraiser be contacted at any time to see if there is any difference in the price of the land with the removal of Parcels D and E. Mayor Harris asked if there is any reason to do that now as opposed to a future time. Lambert replied he didn't think there would be much cost to do that and it could be done now or whenever the City enters into a purchase agreement with the County. Mayor Harris said if it can be done quickly, and there is not an overriding reason to order that now,then it can wait. Lambert said there was no reason to do it now. Case said he has talked to Jeff Strate and also had a discussion with the City Manager. Case believed it was important for the Council to again reiterate its support to sometime acquire this land. Parcel A is listed as open space in the City's Comprehensive Guide Plan. The City continues to want that land. The House just passed a bill putting a moratorium in selling Parcel A for one year. Senator Ed Oliver also had a bill that stipulated the City to pay the County an amount not to rise above the appraised value of the property. is CITY COUNCIL MINUTES May 1,2001 Page 13 MOTION: Case moved, seconded by Butcher, to support public preservation of that portion of Birch Island Woods identified in the Eden Prairie Comprehensive Guide Plan as public. Mayor Harris said Senator Oliver's bill is not alive but there are indications of continuing activity in the House. She has talked to Senator Oliver and Representative Workman, as well as City staff that day, and the bill speaks to permanent preservation and protection of this area for future generations. There is no question this Council strongly supports the acquisition of this area. The question has always been how? • Motion carried 5-0. Mayor Harris directed staff to communicate this motion by e-mail tomorrow, with a formal letter to follow, to the appropriate members of the State Legislature. 2. Purgatory Creek Recreation Area Planning Process — Review of Program Alternatives Lambert introduced Barry Warner• and Ken Grieshaber with SRF, a consulting group. They would bring the Council up to date on the process for developing a plan for the recreation area entry. They would be reviewing four program concepts from a passive design to a relatively urban use. Staff is committed to giving the Council, the Program Board and the Park and Recreation Board of Commissioners input to the design program components. He requested the City Council attempt to come to a consensus on the program components of the entry. Barry Warner expressed appreciation for the ability to work with the City on a long-term plan. The Council's input would guide them where to go with the design. Purgatory Creek is a multi-faceted recreation area. One of the facets is a trail project that will encircle the Purgatory wetland and the trail is about 2-1/2 miles in length. City staff is working with the watershed district on alignment of that trail. Second, there is a basin that is going to be excavated by the watershed district to a depth of 3- 5 feet just south of Technology Drive. It will be the first cleansing device for the watershed district for water moving toward wetland that will serve as a secondary cleansing device. The third aspect is a park element that is seven acres in size, and is in the south quadrant of Technology Drive and Prairie Center Drive. The Council will be asked to give guidance about this programming this park area. The Opus Company is currently constructing an office building immediately south. There will be a vehicle pass-through to the parcel, a right that was given as part of the Opus development. There will be access both off Technology Drive and a right- in off Prairie Center Drive. There is a stormwater pipe going through the parcel, and that is one of the constraints they will be dealing with. 13 CITY COUNCIL MINUTES May 1,2001 Page 14 They put together a matrix of alternatives. It will give guidance on a number of variables. One of the variables they will be dealing with is parking. There is an opportunity for shared use parking within the parcel. In the most passive alternative they are looking at from 20-30 spaces and perhaps up to 200 spaces in the most intense alternative. Although there may be peak events, they believe there are adjacent mixed-use projects where the City can have parking available for community-wide events. The second variable is a building facility, whether it might be on the passive side with a picnic shelter, or whether it might be something more intense like a multi-use building with concessions. Another variable would be restrooms, whether there could be a permanent building, or whether satellites might be used instead. Landscape type would also render that type of variability, whether it would be native low-maintenance materials or something that might be more manicured. The type of activities programmed within the park will give the type of variability. Diagrams have been put together to help understand space allocations and some of the programming elements. Ken Grieshaber said he would go through program alternatives. The first concept is a passive/natural program to interpret the existing drainage way/wetland going through the center of the site. There would be satellite restroom enclosures; a 20- 30-car parking lot, a picnic shelter, vegetated water edge and native plants along the perimeter. The second alternative idea is introducing an education/interpretive program center, with exhibits for City residents to utilize. It will allow more vegetation around the perimeter of the site. There would be parking around the site of up to 50 or 60 cars and would allow for bus parking. There would be a large group picnic area and an outdoor classroom/small group picnic area. The third program would be more intensive use to accommodate performance and events of some kind in a bandshell, open-air pavilion. There would be in a shallow open lawn seating area that could accommodate up to 3000 people and a parking area for 200 cars. They would encourage pedestrian connections to the other parking areas at Opus and the park-and-ride to the north of the site. There would be a gateway entry to the area. The fourth program would be an urban plaza program. When SRF met with the task force they talked about a Centennial Lakes concept. This would include a food and entertainment venue within a building. The main theme is more paving with a convertible street with pavers,more of a streetscape-type of treatment. There is a fountain, an interpretation of the drainage way,parking for 100 to 200 cars, and a monument entry. 1y CITY COUNCIL MINUTES May 1,2001 Page 15 Barry Warner said the purpose of the program alternatives is to talk about the functional aspects of the park for from the programming and spatial requirements. Mosman, who is a member of the task force, said the City is expected to be responsible for providing some parking, although it may be possible to share some parking at Southwest Metro and other locations. The task force talked about using the concept of Centennial Lakes; however, this is a natural area. It is not all an urban park; it is more of a transition. There can be as much of an urban transition as they wish or go directly to the natural area. One big concern was pedestrians crossing the road to the park. Mayor Harris said she liked the presentations being listed in order of more passive to more urban. With reference to Centennial Lakes, there is a lot to be said for bring people to gathering places in the City, and the urban program creates an opportunity for gathering. Tyra-Lukens said this is a really unusual site because it is close to a nature location yet is also close to parts of the City that is among the most urban. She believed the concept for this area should be more intense, the urban plaza area where it could have a farmers' market, as well as festival and seasonal activities. She liked the idea of the entry monument at the corner to designate the area. She also liked the idea of a public arts and sculpture area. The more intense use of the site would be preferable to her, but not as urban looking as Centennial Lakes. She would like to see it used all year around and asked if there could be a skating rink. Warner responded that there are some limits with reconstruction of the basins there may be moving water in the winter. Also a lot of the water coming through is laden with salt and may not make a good skating surface. However, perhaps there could be a limited-size rink that would be more highly maintained and accessible to the community. Tyra-Lukens said she liked the way the access to the office building curves through the site and with the urban design it was straightened out, and she wondered why. Warner said he understood that as long as Opus has access through the parcel, any configuration or alignment of that roadway could be accommodated. As they progressed toward the most intense alternatives, they believed a convertible street for pedestrians that could be closed for street dances and festivals, is very consistent with those upper level activity parks. Case stated he definitely favored the fourth alternative for intense use of the site. He believes the City needs a strong, attractive focal point. Mayor Harris said parking would have to be off-site if there was a farmers' market. They should also work with Opus to share their parking. IS CITY COUNCIL MINUTES May 1,2001 Page 16 Butcher believed this area would have a large population in the future, so having a lot of activity in this area is logical. The urban plaza program would have a real community downtown feeling. With regard to the amphitheater in alternative three, the City has the Staring Lake amphitheater serving that function already, and it would be redundant to have another one so close. She liked the notion of educating and interpreting in alternative two, but she believed it would be preferable to have activities to attract the community and serve as a focus for the City. Mayor Harris believed there was a consensus among the Councilmembers of preference for the urban plaza alternative, with which she agreed. It provides a destination for the purpose of enjoying the attractions there. Mosman said being a part of the task force she wouldn't give her opinion at this time. The task force looked at elements of alternatives, 2, 3, and 4. It is a wetland and they want to maintain some native materials. They are working very hard to use recycled materials, and a building that would be suitable for a park. The task force all agreed on having flush toilets, on the lighting and the idea of having sculptures, etc. The task force looked at some type of a building that would serve the function of protection against the wind and traffic noise, offer shade and buffer visibility from the road. They also thought about using it year around. She asked what Councilmembers would think about renting a building like that for private functions. Mayor Harris thought it would be a good idea because the City • needs those places in Eden Prairie. The others agreed. Warner said there was some question about the level of maintenance of the landscaping; whether they looking for a manicured garden look, or something more native from a landscape expression. Also they could have some kind of public art that could be interwoven into the sidewalk or plaza surface. The significance of the wetland complex could be brought into the design expressions. Also,because it is influenced by the confluence of two major streets, there might be some kind of focal point at that intersection, such as a vertical monument. Tyra-Lukens asked if thought had been given to sponsoring bricks to sell as pavers to offset the cost of construction. Lambert said they had; the consultants have some suggestions and will present them as options to consider in the final design. Mosman said a walk would be built between the drainage section and the pond,which will have walking paths all around as well as seating areas. Mayor Harris asked if the consultants needed any additional information. Warner said this was good feedback. The next meeting of the task force is on May 24. That will be their opportunity to bring back to the task force some design concepts based on this feedback. They would be back to the Council in late June or early July to give them a final product. l6 CITY COUNCIL MINUTES May 1,2001 Page 17 Case said, regarding prairie grasses, he would like to see this park be a transition from the market center not a transition from the native grass areas. He wanted this area to be a place for people to gather. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Golden Triangle Area Traffic Study Dietz reviewed the results of the traffic study carried out by SRF Consulting Group, Inc., for the City. He gave credit to the City's Traffic Engineer, Randy Newton for the work he did on the traffic study. The Golden Triangle Demonstration Project is between Eden Prairie and the Metropolitan Council. The I-494 Corridor Commission, Southwest Metro Transit, and the Metropolitan Council developed this traffic study to identify traffic issues and solutions in the Golden Triangle Area because of increasing congestion. The traffic study was funded through the demonstration grant. The cost was $45,000, with the Metropolitan Council paying half of that amount and the City paying half. The purpose of the traffic study was to determine the impacts of a mixed land use policy, the benefits of reducing travel demand, and to identify infrastructure improvements. There are about 700 acres in the Golden Triangle Area, with 26,000 employees, or half of the employment in the Eden Prairie area. SRF was hired to look at three traffic congestion issues. From 4:30 p.m. to 6 p.m. it is difficult to get out of the Golden Triangle. SRF also looked at mixed land use and ride-share issues. SRF was asked to look ahead 20 years and ascertain what would happen if nothing was done about traffic congestion. They said there would be a 35- percent increase in employment(to 35,200), congested intersections would increase by 3 times (6 to 17), and travel times would increase 4 to 7 times (up to 25 minutes). If nothing is done, this is going to be a difficult situation. However, if some of the mechanisms mentioned are implemented, it would take a multi-level approach. Mixed land use, Transportation Demand Management (TDM), infrastructure and the Golden Triangle Traffic Management Association (GTTMA) are the four things it would take to solve the problems. Mixed land use would mean instead of just being an office complex or industrial office complex, residential components would be introduced, which should reduce the number of employees leaving the site each day. CITY COUNCIL MINUTES May 1,2001 Page 18 Acquiring and developing the land for mixed use would be a City responsibility. The use of TDM would reduce congestion in the area. It might be possible to reduce congestion by eight percent and, over the course of 20 years, could perhaps achieve a 15-percent reduction in traffic. A telephone survey of employees has been done, identifying the kinds of things they would consider for TDM incentives. In order to work, employers will have to agree to offer incentives and employees would have to agree to utilize them. In terms of infrastructure improvements, the cost of the recommended improvements would be about $5.8 million. Other improvements might include a new exit point from the area, a Washington Avenue bridge across I-494, or perhaps a new bridge across T.H. 169 out of the northeast corner of the triangle to get from Washington Avenue to the Edina side. Those improvements would be an additional $6 million. Some of those items could be included in the City's CIP. However, staff is looking for partnerships between the City and the business community. At the staff's next meeting with them, they will begin to talk about whether business might pay for a portion of these improvements, and the City, and perhaps the County or state,would pay for some of these projects. The fourth component of the traffic solution would be GTTMA. This group will be coordinating traffic management efforts in the area. It would serve as a good business liaison to the City and create partnerships. The challenge is that right now MnDOT has reduced the timing of the ramp meters to about 3 seconds. The GTTMA believes the ramp meters will remain. It is difficult to create partnerships now because the ramp- meter problem went away with the change in the timing. MnDOT plans to keep that timing for the remainder of the year. Dietz asked the Council to receive the report and direct staff to develop an action plan. Enger said this study, for the first time, quantifies what is going on currently and projects it forward to see what the impacts could be. The study provides opportunities for partnerships at a political level. The ramp meters came along after the development of the GTA, which is in a good location because of the proximity of major highways. What the City brings to the table is to help provide for technology companies coming to Eden Prairie. The Golden Triangle developed at a time when industrial office development was low in intensity. Bloomington and Edina have been the focus of redevelopment over the past few years. There was no level playing field in terms of intensity compared with cities further east. The Metro Council is looking for examples of"smart" growth. There is a strong potential for a partnership with them. The City may be able to �Ali CITY COUNCIL MINUTES May 1,2001 Page 19 provide development and redevelopment in a way that gives additional capacity for Eden Prairie and metropolitan companies to grow, while doing it in a way that supports the Metro Council "smart growth"policy. Their part may be to help with location and existence of the ramp meters and gain a lot more capacity in that area. The study talks about mixed land use as a tool. He suggested every development may not come in with the exact proportion of mixed land use, but the City will be looking for mixed land use equivalent. The City would be able to work with them as they came in as long as they met the number of trips per acre. Improvement of the transportation system can continue to fuel the economic engine needed in both Eden Prairie and the metropolitan region. MOTION: Mosman moved, seconded by Tyra-Lukens, to receive the Golden Triangle Area Traffic Study and authorize staff to develop an action plan for implementation. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION Rosow said the Council will move to a closed session to discuss litigation, and afterward will come back into an open session to take proposed action on this litigation. MOTION: Tyra-Lukens moved, seconded by Case, to move to a closed session for the purpose of discussing litigation. Motion carried 5-0. The Council moved to closed session at 9:39 p.m. Mayor Harris called the meeting back into open session at10:44 p.m. City Attorney Ric Rosow said with regard to the lawsuit between the Swanson's and the City,the Council was advised by the attorney who represents the City and who has presented the Council with a settlement agreement pertaining to that lawsuit. He said if the Council wished, it would be appropriate to have a motion to approve the settlement agreement and release, and to authorize the Mayor or City Manager to execute the agreement. MOTION: Butcher moved, seconded by Case, to approve the settlement agreement and release, and to authorize the Mayor or City Manager to execute the agreement. Motion carried 5-0. 19 CITY COUNCIL MINUTES May 1,2001 Page 20 XVI. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Case, to adjourn the meeting. Mayor Harris adjourned the meeting at 10:45 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 15,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Development Clerk's License Application List ITEM NO.: &Financial Services/ Gretchen Laven II, ` These licenses have been approved by the department heads responsible for the licensed activity. Commercial Lawn Fertilizer Applicators Tru Green Chemlawn Bob's Lawn&Landscape Raffle Organization: Homeward Bound Place: Bearpath Golf&Country Club Date: August 13,2001 Solid Waste Collector Aatlas Waste Services,LLC Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Date: June 1-3,2001 Place: Round Lake Park &EP Community Center Temporary Beer Organization: Eden Prairie Lions Club Event: Fourth of July Date: July 4, 2001 Place: Round Lake Park Organization: Eden Prairie Lions Club Event: Corn Feed Date: August 4,2001 Place: Round Lake Park Organization: Eden Prairie Lions Club Event: Octoberfest Date: September 30,2001 Place: Staring Lake Park - 1 - CITY COUNCIL AGENDA DATE: 05/15/01 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram ADC Telecommunications Sign Plan V I Steve Durham Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 91.03 acres and Zoning District Amendment within the I-5 Zoning District on 91.03 acres; and • Approve the Second Amendment to Developer's Agreement for ADC Telecommunications Synopsis This is the second amendment to the existing developer agreement. The amendment is for the ADC sign plan. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Amendment 2. Developers Agreement SECOND AMENDMENT TO DEVELOPER'S AGREEMENT ADC TELECOMMUNICATIONS SIGN PACKAGE THIS SECOND AMENDMENT TO AGREEMENT, made and entered into as of May 15, 2001,by ADC Telecommunications, a Minnesota Corporation,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for a Planned Unit Development Concept Amendment on 91.03 acres; a Planned Unit Development District Review with waivers on 91.03 acres; and a Zoning District Amendment within the I-5 Zoning District on 91.03 acres legally described on Exhibit A(the "Property"); WHEREAS, the parties desire to amend the Developer's Agreement between ADC Telecommunications and the City of Eden Prairie for ADC Telecommunications,. dated July 20, 1999, (hereinafter the "Developer's Agreement") for that portion of the Property legally described in Exhibit A, attached hereto and made a part hereof, with respect to the exterior sign package depicted in the materials revised and stamp dated March 6, 2001, reviewed and approved by the City Council on April 17,2001 and identified on Exhibit B; NOW THEREFORE, in consideration of the City adopting Resolution No. 2001- for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Amendment within the I-5 Zoning District, and Resolution No. 2001-_ for Site Plan Review,, Developer covenants and agrees to construction upon, development, and maintenance of the Amended Area as follows: 1. Developer's Exterior signage shall conform to Exhibit B. 2. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of"Developer" under the Developer's Agreement dated July 20, 1999 except as modified in or amended by this Supplement. 3. Section 12 of the Developer's Agreement dated July 20, 1999 is deleted and replaced in it entirety by the following: • PUD WAIVERS GRANTED AS FOLLOWS: The city hereby grants the following waivers to City Code requirements within the I-5 Industrial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. Building setback from 75 feet to 35 feet. B. Increase in office use from 50%to 75%. C. Increase in building height from 40 feet to 50 feet. D. Parking stall dimension from 9 foot wide with a 61-foot bay width to 8.5 foot wide and a 57-foot bay width. E. Waiver to increase the number of free standing signs from three to four. F. Waiver to increase the total allowable sign area from 180 to 182 square feet. G. Waiver to increase the number of allowable directional signs from 6 to 16. H. Waiver to increase the allowable size of a directional sign from 6 square feet to 8.75 for 9 signs (Sign S-4), and 16.75 square feet for 2 signs(Sign S-3). I. Waiver to increase the total allowable directional sign area from 36 square feet to 230 square feet. J. Waiver to increase the allowable distance between sign faces on a directional sign from 18 inches to 30 inches. 3 CITY COUNCIL AGENDA DATE: 05/15/01 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Redstone Grille C Michael D. Fran7en Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 2.97 acres and Zoning District Change from Rural to C-Reg-Ser Zoning District on 1.76 acres and from Office to C-Reg-Ser Zoning District on 1.21 acres; and • Adopt the Resolution for Site Plan Review on 2.97 acres; and • Approve the Developer's Agreement for Redstone Grille. Synopsis This project is the Redstone Grille located on the south side of Lake Idlewild. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Developers Agreement I REDSTONE GRILLE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,'MINNESOTA ORDINANCE NO. 16-2001-PUD-11-2001 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 Rural and Office Zoning Districts and be placed in the Planned Unit Development C-Reg-Ser Zoning District 16-2001-PUD-11-2001 (hereinafter"PUD-11-2001-C-Reg-Ser"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 15, 2001, entered into between Redstone, Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-11-2001-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-11-2001-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2001-C-Reg-Ser 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-11-2001-C-Reg-Ser are justified by the design of the development described therein. D. PUD-11-2001-C-Reg-Ser 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 Rural and Office Zoning Districts, and placed in the Commercial-Regional- Service Zoning District and shall be included hereafter in the Planned Unit Development PUD- 11-2001-C-Reg-Ser 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 17th day of April, 2001, 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 15th day of May, 2001. ATTEST: Kathleen A. Porta, City Clerk Jean L.Harris,Mayor PUBLISHED in the Eden Prairie News on Exhibit A Redstone Grille Legal Description: Parcel 1: Tract A, Registered Land Survey No. 895, files of the Registrar of Titles, County of Hennepin. Minnesota. Parcel 2: Lot 20, Auditors Subdivision Number 335, Hennepin County, Minnesota, according to the plat thereof on file of record in the office of the Registrar of Titles in and for said Hennepin County. Parcel 3: Lot 1,Block 1, Idlewild Lake Addition Parcel 4: That part of the following described parcel lying Westerly of Line A and its Southerly extension and Southerly of Line B are described below: All of that part of the West half of the Northeast quarter of Section 14, Township 116, North Range 22, West of the 6th Principal Meridian lying Easterly of the Easterly line of Track B,Registered Land Survey No. 895, and lying Northerly of the center line of County Road No. 2 (now vacated by Resolution No. 78-189, filed as Document No. 1428338) Line A: Commencing at the Northeast corner of said Registered Land Survey No. 895, a distance of 75.22 feet to the point of beginning of the line to be described; thence South 15 30 00 East, a distance of 445.05 feet to the center line of said County Road Number 2 (now vacated) and there terminating. Line B: Commencing at said Northeast corner of Registered Land Survey No. 895; thence South 5 9 26 East, along the Easterly line of said Registered Land Survey No. 895, a distance of 467.68 feet to the point of beginning of the line to be described; thence North 68 8 19 East, a distance of 157.38 feet to the intersection of said Line A and there terminating. REDSTONE GRILLE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 16-2001-PUD-11-2001 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 Eden Road from the Rural and Office Zoning Districts to the Commercial-Regional-Service 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 A. Porta, City Clerk Jean L.Harris, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) 5 REDSTONE GRILLE CITY OF EDEN PRAIRIE H I NNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR REDSTONE GRILLE BY REDSTONE, INC. WHEREAS, Redstone, Inc. has applied for Site Plan approval of Redstone Grille on 2.97 acres for construction of a 11,610 square foot restaurant, to be zoned in the C-Reg-Ser Zoning District on 2.97 acres by an Ordinance, approved by the City Council on May 15, 2001; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its March 26, 2001 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its April 17, 2001, meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Redstone, Inc., for the construction of a 11,610 square foot restaurant, based on plans dated March 23, 2001, between Redstone, Inc., and the City of Eden Prairie. ADOPTED by the City Council on May 15, 2001. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk 6 DEVELOPER'S AGREEMENT REDSTONE GRILLE THIS AGREEMENT is entered into as of , 2001, by Redstone, Inc., a Minnesota corporation,hereinafter referred to as"Developer," 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 Office to Regional Commercial on 2.97 acres,Planned Unit Development Concept Review on 4.81 acres Planned Unit Development District Review with waivers on 2.97 acres, Zoning District Change from Rural to C-Reg-Ser Zoning District on 1.76 acres and from Office to C-Reg-Ser Zoning District on 1.21 acres, Site Plan Review on 2.97 acres, and Preliminary Plat of 4.81 acres into 1 lot, 1 outlot, and right-of-way,legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to C-Reg-Ser and from Office to C-Reg-Ser,Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat,Developer shall 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 April 16, 2001, reviewed and approved by the City Council on April 16, 2001, (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. DEDICATION OF PARK LAND: Prior to release of the final plat for the Property, Developer shall dedicate to City, Outlot A, for park purposes in accordance with the terms of Exhibit C. 4. 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. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land 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. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. 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. • 7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and 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 shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. B. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. C. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 8. 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 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. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. 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 approved 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 the constructed screening does not meet the 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. 9 11. PERFORMANCE STANDARDS: Developer agrees that the Property 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 shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 12. PARKING DEMAND SPACES: Developer and City acknowledge that parking demand may exceed the number of parking spaces on the property. Developer agrees to provide copies of a recorded offsite parking agreement for 115 spaces prior to building permit issuance for review and approval by the City Planner. 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD: • Shoreland structure setback from 200 feet to 60 feet. • Shore impact zone encroachment from 100 feet to 15 feet. • Shoreland impervious surface from 35%to 65%. • Shoreland parking setback from 50 feet to 25 feet. • Front yard parking setback from 35 feet to 17.5 feet. 14. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$ to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the$ deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. 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. 16. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails I0 to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along Eden Road. B. A five-foot wide sidewalk from the eight-foot wide bituminous trail along Lake Idlewild to the sidewalk along Eden Road. C. An eight-foot wide bituminous trail to be located along Lake Idlewild,with a 5 foot high,black vinyl clad chain link fence adjacent to the trail to protect the trail users adjacent to the NURP pond. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property 17. 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. 18. 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 shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 19. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, Developer agrees to sign an assessment agreement, in the form and substance as attached in Exhibit F,with the City for trunk sewer and water assessments on an assessable area of 3.35 acres at the per acre rate then in effect. 20. TRASH ENCLOSURE: Developer shall submit to the City Planner, and obtain the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building,include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 21. TREE LOSS - TREE REPLACEMENT: There are 156 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 156 diameter inches. Tree replacement required is 207 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive II the City Forester's written approval of a tree replacement plan for 207 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide 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. Developer shall complete implementation of the approved tree replacement plan prior to building permit issuance. 22. WETLAND PLAN: A. Wetland Buffer Strip Vegetation Evaluation: Unacceptable vegetation was identified in the Wetland Buffer Strip. The wetland buffer strip shall be cleared of the unacceptable vegetation and reseeded or replanted (thereon known as "Landscaping", or "Landscaped") by the Developer prior to September 30, 2001. The Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland buffer strip. Prior to issuance of a Grading Permit, the Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager, to submit a final Buffer Report. The final Buffer Report shall evaluate the wetland buffer strip vegetation after completion of two full growing seasons and shall evaluate the wetland buffer strip vegetation to determine if the wetland buffer strip vegetation remains in compliance with all City requirements. If any unacceptable vegetation is identified, the buffer shall be Landscaped by the Developer within 90 days of submission of the final Buffer Report. B. Conservation Easement: Prior to release of the final plat for any portion of the Property, Developer shall submit a Conservation Easement (Exhibit E) for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. Prior to release of the first building permit for the Property,Developer shall submit evidence to the Environmental Coordinator that the approved Conservation Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. C. Wetland Buffer Strip Monuments: Prior to release of the first building permit for the Property, Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan. Removal of the wetland buffer strip monuments is prohibited. D. Wetland Plan/Performance Bond: Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan prior to issuance of the land alteration permit. The approved Wetland Plan shall be consistent with the materials shown on the Plans. Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 150%of the cost,as estimated by the City Manager,of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said performance bond,cash escrow, letter of credit or other guarantee shall cover two full growing seasons following completion of the development. • 3 CITY COUNCIL AGENDA DATE: May 15,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Lind Addition Engineering Services I, D Randy Slick/ Eugene A.Dietz Requested Action Move to: Adopt the resolution approving the final plat of Lind Addition. Synopsis • This proposal is located at the Southeast Quadrant of Eden Prairie Road and Scenic Heights Road. The plat consists of 1.68 acres to be divided into three single family lots and right-of-way dedication for street purposes. Presently, there are existing homes on Lots 1 and 3, Lot 2 will be a future single family home site. Background Information The preliminary plat was approved by the City Council April 17, 2001. Second Reading of the Rezoning Ordinance was completed on May 1,2001. • Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$288.00 • Receipt of street lighting fee in the amount of$531.00 • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF LIND ADDITION WHEREAS,the plat of Lind Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in•a11 respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Lind Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 15,2001. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on May 15, 2001. Jean L. Harris,Mayor • ATTEST: SEAL Kathleen A. Porta, City Clerk rn N 9 ty - I: _ - 'S, - E :' Ei t �~ x W :j E - .1 -S•.7� yi Li :�i3. I �".-` ..t a 2 5a Is w - t S11 E • :;ss afizi ?�a �` i o,a. -„7 -;al- o 2CE_ "'e I 3l,5 p .a . ci n :. • • 4. I I> i 1 2j 1 / �,. o .s q4 'd. 1,) 'L l ill 0 Z ;, I O NI 7 M0. alP >\��` 0R � _y''m xi- t i "o 1._ to Q b04. ''�%j ! : Y f- 0 //. ttt "d <c E= @" l ,, O•Ip A w t; f—~ , a 12 F- :) 1- 1 x M, Ii it 4I �J ` I F-1 0 W 1 I : 'C -- :� F- .. 1 fa area I: i-a :� ' x 11 I5 t — 1 I On 1 r195'7 -ON R13;� -�� 00 t a . -----r ^ EXC£P ttw r"- -i- a i ;-�~ " +4 x.C+_ •� ' R d ; L A ---.3- �- u 41 t ' I - \} - � ,..4 3 CITY COUNCIL AGENDA DATE: 05/15/01 SECTION: Consent Calendar SERVICE AREA!DIVISION: ITEM DESCRIPTION: Community Development ITEM NO.: Donald R.Uram Alternative Urban Areawide Review Request for ` Scott A.Kipp UnitedHealth Group Proposed Development Requested Action Move to: • Adopt the Resolution Ordering Preparation of an Alternative Urban Areawide Review for UnitedHealth Group Property. Synopsis The City of Eden Prairie, as the Responsible Governmental Unit (RGU), needs to prepare an Alternative Urban Areawide Review(AUAR)document for UnitedHealth Group's 71-acre property proposed for office,commercial and housing land uses. Background Information UnitedHealth Group is proposing to develop its 71 acres of land south of Crosstown 62, east of Shady Oak Road,and north of City West Parkway for office,commercial and housing land uses.The plan includes of 480,000 square feet of corporate headquarters,630,000 square feet of general office, 50,000 square feet of specialty retail,8,000 square-foot restaurant, 125-room hotel,and 320 multiple housing units. UnitedHealth Group and City staff are continuing to define site issues and details. Due to the size and complexity of the project an environmental review is required. According to Minnesota Environmental Quality Board (MEQB) rules, the City is responsible for preparing, reviewing,and taking action on the environmental review. UnitedHealth Group pays for the required • studies. The City staff directs the consultant on plan content. The AUAR is a process developed by the MEQB to conduct an environmental review based on an overall development scenario for a larger area,rather than incremental impacts of individual projects or phases of one large project over a period of time. The advantages of this process are: • Incorporating the environmental review procedure into the planning process to allow the City to consider the"big picture". • Conducting a single review of planned sewer, water, wetland, traffic, water quality, and 1 vegetation. • Benefiting landowners and developers by eliminating the need for environmental review of individual projects or phases of a large project provided future development conforms to the mitigation plans of the AUAR. This same process was used for ADC Telecommunications. Since the process will take longer than 120 days to complete as shown in UnitedHealth Group's schedule,UnitedHealth Group has agreed to extend the time limit to adopt the environmental review analysis document and plan for mitigation to January 15,2002. Attachments 1. Resolution Ordering Preparation of an Alternative Urban Areawide Review 2. Letter from UnitedHealth Group dated May 4,2001 3. UnitedHealth Group Schedule for AUAR Process dated May 4,2001 4. Concept plan dated April 20,2001 • • Location Map United Health Group ..-Tr-* r i >!i.l j,-�' ..ry}.y,`` ! 11 I•, 1 I {1 fi I, I III ,,�'I 1 I _l..J;' :H. " li I OI I I I-11 .11 I h I 'I,1'. I !.� V '111 ��h 11 ! is I 4 ..If .I li1, y '-',Ni, � �' I Il',, r LI f II. 1 r I b i 1 j 1 r1I�,11 I.r 1 4 �' •I 11{ I. II I I'. r 11, 11r 1 -_I.,,, f ! 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' ! • Ii 1 } 1'° I II i.I ° 1 I r�i 1. 1,1 , 11 I ::11 1 o- d F il,gl I I r r iwr �I �� I 1:.Ir 1 1 •' a ,' 11. f' + '} •i ' I € I + I I: ,,I' r a �; 1 {I p jj 'All {' J r11 1',, 1 i{I� j� }� tr1.,, r L.',i } q1 , I 6-' 1 I 1 'I "'1tli1 11'9 I r 1I E. + 1 ,{ I ,la I I1 ,, Ali. .i,r " 1 d III M 11 Y , 1 1 I. '- 1 nil 1kI 1 1111 1 I, I;, } 1 i I I ;1�f' A11 1 ,1 + 4 I '11 �` al �: q 1 11 1I1 I I 1. ! I 1 I. I 1' �11 I r' � 1 '' I � '. � l I �` '. 41c 1 9 r I I !11 9 I I I1Ii ri i Vn ( 9 i• {{{ IIi • `d 1.11i1 '1 ., •NiHr-1,i i` '1' . / 1 .._ 5I + 11 f 1I '.j. ; 1ffI- I, I1 I i''I��,. I �'1 '�II I „ • r III ii 1' !{I:II '1 3 UNITEDHEALTH GROUP CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION ORDERING PREPARATION OF AN ALTERNATIVE URBAN AREAWIDE REVIEW FOR UNITEDHEALTH GROUP PROPERTY WHEREAS,UnitedHealth Group has proposed to develop certain Property it owns in Eden Prairie for office, commercial, and housing uses; and WHEREAS, the development would take place on approximately 71 acres located South of Crosstown 62, east of Shady Oak Road, and north of City West Parkway and would consist of 480,000 square feet of corporate headquarters, 630,000 square feet of general office, 50,000 square feet of specialty retail, 8,000 square-foot restaurant, 125-room hotel,and 320 multiple housing units; and WHEREAS,the City of Eden Prairie is the Responsible Governmental Unit(RGU)for the • development and is therefore responsible for conducting appropriate environmental review under the Minnesota Environmental Policy Act(MEPA)and applicable Minnesota Environmental Quality Board(MEQB)rules; and WHEREAS,the development is eligible and appropriate under MEQB rules for Alternative Urban Areawide Review; and WHEREAS,UnitedHealth Group has agreed to extend the 120-day time limit for the RGU to adopt the environmental review analysis document and plan for mitigation to January 15,2002, NOW,THEREFORE,BE IT RESOLVED that the Eden Prairie City Council directs that an Alternative Urban Areawide Review be prepared for the proposed UnitedHealth Group Property. ADOPTED by the City Council on May 15, 2001. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk 05/08/01 12:30 FAX 9529331153 RLK_KUUSISTU - I ]002 ' . ' Engineering - Planning • Surveying • Landscape Architecture . _ ][1111LK. Ii'rJUS�STOi LT71 • . SST_y9� - • • May4;2001 - •• • • Mr_Scott Kipp,Senior Planner - . • ' . - • City of Eden Prairie , • _ • 8080•Mitchell Road . • - ••• Eden Prairie,MN 55344-2230 . • • • • ' Re: 'Request Authorization to prepare an AUAR . •• ' • , 70 Aere UnitedHealth Group property, Shady Oak Rd and.Hwy.62 • _ • . Dear Mr.•K.ippe. . . • . The,purpose of this letter is tb'officially request that the City of Ede Prairie,as the Responsible Governmental U nnit •. • • • under Minnesota Rule 4410.3-610,Subpart 1;initiate the state Alternative Urban.Area Review(ALTAR)'for proposed . . UnitcdIIealth Group Development Project in the City of Eden Prairie. . ; Pursuant to Minnesota Rule 4410.a610,subpart 3,the proposed Project site is bordered on'thc north by West 62'd • • , . Street,on the east by TH 62 and TH 212, on the-south by city West Parkway,and on the west,by CSAH 61/Shady ' ' ' .' ' . Oak Road. CTHG is aware of the 120 day completion period per state Wile 4410,3610,subpart 3 and UHG will . .- extend the 120 day period in order to have the AUAR and site development documents reviewed and approved ", ' . • •concurrently with the schedule. It is UHG's intent to be in a position to receive approval in January 2002. . •• : The development is•pzoposed to captain the following land uses: • • ,480,000 square feetof Corporate Headquarters , • ' • •- • • • . - 630,000'sgnare feet of General Office • • , • '.8,000 square feet of sit-down restaurant • . , • '. • •• ,125-room hotel ' • - , • :' , 50,0(0 square feet specialty retail ' '• - 320-unit residential condominivav/tovsrnbousc• • . Attached is a schematic drawing of the proposed 70 acre UHG site plan,illusb:dting the general layout of the project. • . ' • Thank you'for your assistance in bringing this request to the City Council for a resolution to begin the AUAR- _ • . . • -' scoping study. tJRG isprepared.to assist the city in the design and development of the AUAR for the subject . ' ' ' . •, property. . . Sincerely,''. - • , ' • RLK Kuusisto,Ltd. • ' • . ' John Dietrich,'ASLA * ' ' - . • • • . • . Principal Landscape Architect • . . • .Cc: ' . Torn O'Connor,UnitedHcalth Group . - • • . Bill Tobin,CRESA Partners . . . •• - Offices: Hibbing ' Minnetonka •• St.Paul - Twin Ports •• - -- .. • . . (952)933-092 6110-Blue Circle Drive • Suite 100 - Minnetonka,MN 55343-• •FAX(952)933-1153, _ -, • - , • Equal Opportunity Employer: UMMARY OF AUAR PROCES Activity Date Comment AUAR Kick Off Meeting with April 27,2001 City Review of City's Comments on April 27,2001 Draft Traffic Report Preparation of Preliminary Draft April 23—May 25,2001 Schedule assumes interim AUAR submittals,where appropriate Schedule also assumes Draft Traffic Report is being finalized during this time period and will ultimately be included as appendix to AUAR Quality Internal Review of May 25—29,2001 Preliminary Draft AUAR Submit Preliminary Draft of June 4,2001 AUAR to City City Review of Preliminary Draft June 4—June 18,2001 AUAR Meeting with City to Discuss June 20,2001 Comments Revise and Final Draft AUAR June 20—June 29,2001 Obtain City Signature of Draft June 29,2001 Staff signature. Does not require AUAR city council action Submit One Copy of Draft July 2,2001 AUAR to Minnesota EQB Copy Draft AUAR and July 2-5,2001 Distributed to MnEQB Distribution List MnEQB Monitor July 9,2001 All documents must be received Publication/Press Release on by persons/agencies by July 9, Document Availability 2001 Required 30-Day Review and July 9—August 8,2001 Agencies can request a 15-day Comment Period extension Community Planning July 23,2001 ** Informational meeting Board/Public Informational recommended to be held during Meeting Alternative date would be August the official 30-day review and 13,2001 comment period. Public testimony to be taken at the meeting. See note below regarding alternative meeting date. Review Draft AUAR Comments August 9—31,2001 and Prepare Preliminary Final AUAR/Mitigation Plan Submit Preliminary Final August 31,2001 AUAR/Mitigation Plan to City City Review of Preliminary Final August 31—September 14,2001 AUAR/Mitigation Plan Meeting with City to Review Week of September 10,2001 Comments Revise Final AUAR and obtain September 10—24,2001 City Signature on Document DD HI it yy}x 'pJ xc}} v jj L t �..1� Q c l i l i i 3 S V 5,a +co i 4C! 33a CC of cC "� €li: $ I. I. `?m ?�t * c� m ro C gs -.p ! • G iJ 11 0 j 1 a 1 s x 3 t • O • C. (V ` O O O • / 12Ii • �` FC-9—.4.e.I ° Q9Cleite CV2 ./ 0 1 Z e • n.a 0 ; u� / •ems \ • r •0 0 • . .."\,. lity, 4. • S 1 I1&9' , �: . /Yf'�J • •• • / • o , . • . Y ellG ' f • r• :. Ca) WP_ . !, Q CI ` E.`� o • f• s�, a . 6 a 0 ' Ily ..• 0 * f • )• iii. „ . ,, / :t, zag ♦ ,,N4 • 0 i t• � i • 'e • .i +v�44, �•• • O . • n o ! • , • 4 Chi = +� '/ IIIIO1 • *►! s 4 #� O. fC 'a *4 . • ! L A. Q 7� g •41 4'KK • oocti Rz y u �iris f illir011Ek1 f z A I- •t. • wK�h 11i• ! • • . O 11111.. • . % ..AIN . frillW z • of:. •i.\ si 'ii ! l'� p• • 4 `• •, osif` _ to �� (("'1� • !i • • +/ ♦ .i \N , . se il ♦ ic ice' , (le/ _ r rI • • • ice• 1 r • • V i i ��y �4 •�•um• •f• ••••'•• •gip . 7' ' SUMMARY OF AUAR PROCESS Activity Date Comment Submit PUD/Site Plan,Rezoning September 14,2001 Complete and submit to City architectural elevations of commercial,residential and office buildings proposed with civil package Site Plan included in Final Submit One Copy of Final September 24,2001 AUAR will be consistent with AUAR/Mitigation Plan to site plan submitted to the city on MnEQB Monitor September 14,2001 Production/Distribution of Final September 24 27,2001 AUAR/Mitigation Plan MnEQB Publication October 1,2001 Ten Day-Review/Comment October 16,2001 Period Community Planning Board October 22,2001 Final Comments on Final AUAR/Mitigation Plan would be available for review at 10/22/01 meeting. Review of PUD/Site Planning and Zoning also. Community Planning Board November 26,2001 Approval of PUD/Site Planning Second Meeting and Zoning also. City Council—First Review December 08,2001 Review of PUD/Site Planning and zoning also. City Council Action on AUAR January 15,2002 Approval of PUD/Site Plan and Zoning also. ** Schedule reflects a community planning board/public meeting during the 30-day review and comment period on the Draft AUAR. As discussed at the kick off-meeting on April 27,2001,a CPB/public meeting could be held outside the 30-day review and comment on August 13,2001. If the decision is made to hold the CPB/informational meeting on August 13,2001,notification that the AUAR review and comment period was being extended to all persons/agencies would be required. Additional Tasks required upon city approval of preliminary site development plan prior to obtaining building permit: • Prepare and Approve development agreement • Submit City Council Resolution approving the AUAR/Mitigation Plan to the MnPCA to fmalize Indirect Source Permit(ISP)Application. • Final Plat • Prepare Construct Grade Site Development Plans • Prepare Off site contract/construction plans 5/04/01 • CITY COUNCIL AGENDA DATE: May 15,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: 1'1'EM DESCRIPTION: I.C. 01-5536 ITEM NO.: Engineering Services Award Contract for 2001 Sealcoat Mary Krause Eugene A. Dietz Requested Action Move to: Award Contract for 2001 Sealcoat to Pearson Brothers, Inc. in the amount of $313,162.92 Synopsis Sealed bids were received. Thursday, May 3, 2001 for the 2001 Sealcoat. Four bids were received and are tabulated as follows: Pearson Brothers,Inc. $313,162.92 ASTECH $333,333.08 Allied Blacktop,Inc. $336,804.79 Bituminous Roadways $358,809.50 Background Information The 2001 O&M budget for sealcoating is$245,000. Approximately$70,000 will be added to the seal coat program from the CIP line item of pavement maintenance. I CITY COUNCIL AGENDA DATE: May 15,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.01-5538 ITEM NO.: Engineering Services Award Contract for 2001 Mill and Bituminous Mary Krause Overlays , 6- Eugene A.Dietz Requested Action Move to: Award Contract for 2001 Bituminous Mill and Overlay to Bituminous Roadways in the amount of$364,910.00 Synopsis Sealed bids were received Thursday,May 3,2001 for the 2001 Bituminous Overlays. Eight bids were received and are tabulated as follows: Bituminous Roadways $364,910.00 William Mueller&Sons $385,707.50 Midwest Asphalt $417,047.50 Valley Paving,Inc. $417,952.50 Hardrives,Inc. $429,380.00 • Ideal Paving of Henderson $438,430.00 Northwest Asphalt $455,755.00 C.S.McCrossan $463,530.00 Background Information The 2001 O&M budget for milling and overlay is $266,000. Based on City Council approval of the five-year CIP of an additional$600,000 for pavement maintenance, approximately $100,000 will be added to the overlay program. • CITY COUNCIL AGENDA DATE: May 15,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5530 ITEM NO.: Engineering Services Award Contract to Recondition Lift Station Dave Olson No.9 111. Eugene A. Dietz Requested Action Move to: Award Contract to Recondition Lift Station No. 9 in the amount of $129,719.50 to Parrot Contracting. Synopsis Sealed bids were received Thursday,May 10, 2001to Recondition Lift Station No. 9. Three bids were received and are tabulated as follows: Parrot Contracting $129,719.50 Minger Construction $134,235.00 For Construction Co.,Inc. $160,202.00 Background Information • This project includes the replacement of sanitary sewer lift station pumps, electrical controls and the installation of a control valve manhole. The lift station, located at Pioneer Trail and TH 169, is 16 years old and is in need of major reconditioning to continue providing service to the area. Although the 2000 sewer maintenance budget provided funding in the amount of$75,000, the work is necessary and there is no expectation that the project could be reduced in scope or that bidding the work later would result in a lower cost. Staff therefore recommends that the project be awarded to Parrot Contracting in the amount of$129,719.50. CITY COUNCIL AGENDA - DATE: May 15,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: HEM DESCRIPTION: ITEM NO.: Engineering Services Encroachment Agreement with Liberty Mary Krause Property Limited Partnership 71 Eugene A.Dietz Requested Action Move to: Approve Encroachment Agreement between the City of Eden Prairie and Liberty Property Limited for the construction of an enclosed pedestrian walkway within an existing public drainage and utility easement. Synopsis Liberty Property is the owner of the Flying Cloud Business Center located along Columbine Road between Anderson Lakes Parkway and College View Drive. Liberty desires to construct an enclosed pedestrian walkway between two of the buildings that would lie partly within a public drainage and utility easement that contains a public storm sewer pipe. Liberty Property and City staff have developed the attached Encroachment Agreement which allows for the construction of the walkway over the public storm sewer and drainage and utility easement. Background Information Liberty Property will be responsible for all construction and maintenance costs of the walkway. The walkway will not interfere with the public storm sewer and will be constructed with methods to protect the existing pipe. Liberty will be responsible for all costs incurred by the City if the easement or utility is damaged. Attachment Copy of Encroachment Agreement 1 t ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is made this_day of ,2001,by and between Liberty Property Limited Partnership, a Pennsylvania limited partnership,hereinafter referred to as"Liberty,"and the City of Eden Prairie,a Minnesota municipal corporation,hereinafter referred to as "City"; WHEREAS,Liberty is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS,City has an easement in the Property as described on Exhibit B attached hereto and made a part hereof, and said easement hereinafter referred to as"the Easement"; and, WHEREAS,Liberty desires to construct a covered walkway on the Property and across the Easement as described on Exhibit C, attached hereto and made a part hereof, and said walkway hereinafter referred to as"the Walkway"; and, WHEREAS, Liberty and City wish to enter into an agreement which will allow Liberty to construct,maintain, and use the Walkway; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grant of Encroachment. City covenants and agrees that: a)Liberty shall have the right to construct the Walkway so that it encroaches upon the Easement;b) so long as the Walkway shall remain standing, Liberty shall have the right to have the Walkway encroach upon the Easement; and c)Liberty shall have the right to use the Walkway for pedestrian travel. 2. Construction. Liberty shall be responsible for all construction costs of the Walkway. The plans and specifications for the Walkway must be approved by the City before construction and the Walkway shall be designed to bridge the existing public utility pipes in the Easement. The City may require inspections of the utilities before, during, and after construction of the Walkway. a 3. Maintenance. Liberty shall be responsible for all construction, maintenance, upkeep,repair, and replacement costs for the Walkway and Walkway components as maybe necessary from time to time. 4. Waiver. City shall not be responsible for any damage to the Walkway caused by the public utilities contained in the Easement or caused by the City in repairing or maintaining the public utilities contained in the Easement. Liberty hereby waives any such claims it may have or hereafter acquire against the City. 5. Duration of Encroachment. The Encroachment shall be perpetual,shall run with the land and shall be binding upon both parties and their successors and assigns. 6. Nonexclusive. The Encroachment shall be nonexclusive. 7. Interference. Liberty's construction,maintenance,and use of the Walkway shall in no way interfere with the City's Easement or the public utilities contained therein. In the event that the Walkway in any way interferes with or damages the Easement, or public utilities contained therein,Liberty shall reimburse the City for all costs and expenses,including attorney fees,reasonably incurred to eliminate the interference or repair any damage done to the Easement or utilities. 8. Limitations. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement. Nothing contained in this Agreement shall be construed or be deemed to constitute a dedication,express or implied,of any part of the Encroachment to or for any public use whatsoever. [The remainder of this page is intentionally left blank] 3 • IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR GRANTEE LIBERTY PROPERTY LIMITED CITY OF EDEN PRAIRIE PARTNERSHIP By ,f>�4 Jean L. Harris,Mayor Its 1j. e e. Christopher M. Enger,City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001 by Jean L Harris and Christopher M Enger,respectively the Mayor and City Manager of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ota day of (?,oh . 2001 by L k u-i. , 7h- �2Q,v�riti,the kfice, (LA-- L t. of of. /�i , ,�" the general partner of Limited Painership, on behalf of said limited partnership. Notary Public Document drafted by: Lang,Pauly,Gregerson&Rosow,Ltd. 1600 Park Building 650 Third Avenue South ■ ■ Minneapolis,Minnesota 55402 CARLA L. PUCKETr (612)338-0755 c NOTARY PUBLIC—MINNESOTA My Comm.Expires Jan.S1,2005 ep\public worksWberty\encroachment agreement Exhibit A Property Description (Per Commonwealth Land Title Insurance Company Commitment File No. 44355C, effective date March 4, 1998) Outlot C, Staring Lake Clubs Courts and Villages,the following portion being registered property: That part of Outlot C, Staring Lake Clubs Courts and Villages, lying Northerly of the center line of former County Road No. 2 as delineated in the plat of Research Farm Addition,Hennepin County,Minnesota. AND (Per Resolution dated November 5, 1996, filed of record December 30, 1996 as Document . No.2773427 (T) and 6669002 (A). That part of the Public Street(Columbine Road Extension) as dedicated in the plat of Research Farm 2°a Addition,lying easterly of the following described line: Commencing at the northwest corner of Outlot C, Staring Lake Clubs Courts and Villages, according to the record plat thereof; thence southerly 148.22 feet along the west line of said Outlot C having a radius of 952.73 feet and a central angle of 8 degrees 54 minutes 49 seconds to the east line of said Public Street and the point of beginning of said line to be described; thence southerly 11.78 feet along the southerly extension of said west line having a central angle of 0 degrees 42 minutes 31 seconds to a point of compound curvature;thence southerly 120.71 feet along a 533.58 foot radius curve having a central angle of 12 degrees 57 minutes 41 seconds to the intersection with a line drawn parallel with and distant 35 feet easterly from the centerline of Columbine Road as dedicated in said plat of Staring Lake; thence southerly 80.27 feet along said parallel line having a radius of 946.73 feet and a central angle of 4 degrees 51 minutes 29 seconds to the south line of said Public Street and there terminating. • Exhibit B Easement Description An easement for drainage and underground utility purposes over,under and across that part of Outlot C, STARRING LAKE CLUBS COURTS AND VILLAGES, according to the recorded plat thereof,Hennepin County,Minnesota, described as follows: A 20.00 foot strip of land lying 10.00 feet either side of the following described centerline: Commencing at the Southeasterly corner of said Outlot C; thence on an assumed bearing of North 00 degrees 08 minutes 03 seconds East,along the Easterly line of said Outlot C, a distance of 579.52 feet, to the actual point of beginning of said centerline;thence South 89 degrees 54 minutes 36 seconds West a distance of 625.90 feet; thence North 68 degrees 29 minutes 40 seconds West a distance of 328.04 feet; thence North 07 degrees 30 minutes 51 seconds West a distance of 90.75 feet; thence North 89 degrees 03 minutes 47 seconds West a distance of 26.35 feet to the intersection with the Westerly line of said Outlot C, and there terminating. Sidelines of said easement are to be lengthened or shortened to terminate at said Easterly and Westerly lines of Outlot C. EXHIBIT C - PROPOSED LEGAL DESCRIPTION: That part of Outlot C, STARING LAKE CLUBS COURTS AND VILLAGES, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Outlot C;thence North 00 degrees 08 minutes 03 seconds East, assumed bearing along the east line of said Outlot C, a distance of 589.52 feet; thence South 89 degrees 54 minutes 36 seconds West; a distance of 362.04 feet to the actual point of beginning;thence continuing South 89 degrees 54 minutes 36 seconds West, a distance of 16.33 feet; thence on a bearing of South, a distance of 20.00 feet; thence North 89 degrees 54 minutes 36 seconds East, a distance of 16.33 feet; thence on a bearing of North,a distance of 20.00 feet to the point of beginning. • v I I , I it z. i I I = / f � c ° /lil • iii' I as E . . 1 ..... il 7)1), --' 1 . H11 L p f E ,, , : \\\\\ 0 NW •"", 1- /11111 e is fIr E • PI . . , l n_.s� i v /---------------- IN 1 / N T w-<>-B 2. s 20 0 20 Feet Sources:WPS(2001) , Flying Cloud Corporate Campus 'W7599estwoodAnagramDrive Professional Services,Inc. Eden Prairie, Minnesota Eden Prairie,MN 55344 Phone:9521937-5150 Fax:952/937-5822 1. i `(x S CITY COUNCIL AGENDA DATE: May 15,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5540 ITEM NO.: Engineering Services Approve Professional Services Agreement with Mary Krause HTPO,Inc.for Design and Construction V I Eugene A. Dietz Services Associated with the Project Requested Action Move to: Approve professional services agreement with HTPO, Inc. for design and construction services for drainage and storm sewer design for Mitchell Road adjacent to Atherton Townhomes. Synopsis This project will analyze drainage conditions on Mitchell Road adjacent to Atherton Townhomes and develop and implement drainage solutions for this area. Background Information Atherton Townhomes has historically experienced drainage problems within their site. Currently they have independently hired an engineer (Rehder Associates) to assess the existing conditions and arrive at drainage solutions. One location that has been identified as a City drainage issue is an area adjacent to Mitchell Road. In the past, storm water has overtopped the curb in Mitchell Road and flowed into a low area within the Atherton Townhome common areas creating drainage problems for some of the adjacent units. This proposed project will look for and implement public drainage and storm sewer solutions for Mitchell Road that will not be detrimental to adjacent private properties. We hereby recommend approval of this informal professional services agreement with HTPO, Inc. for the amount of$32,500.00. Attachments Copy of Informal Professional Services Agreement with HTPO, Inc. 1 I Engineering•Surveying ; ) Landscape Architecture 1 � May 4,2001 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn:Ms.Mary Krause Re: Mitchell Road Drainage Improvements at Atherton Townhomes. • Dear Mary: As requested,the following estimates for civil engineering and surveying services for the above referenced project are provided for your consideration. Estimate Scope of Services $ 5,000.00 Preliminary research,design and analysis of options. $ 12,500.00 Preparation of construction documents and bid administration. Includes topography, permit applications,and preparation of easement documents if required. Does not include wetland delineation or wetland mitigation plans, if required. $ 15,000.00 Construction administration,staking, inspection,and record drawings. HTPO,Inc. proposes to provide these services in accordance with the attached General Conditions. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personnel expense. We will keep you informed of our work progress and the above fee estimates will not be exceeded without prior approval from your office. 7510 Market Place Drive Customary reimbursable expenses(printing,courier,and other Eden Prairie, MN 55344 out-of-house services and documents)are passed on directly to 952-829-0700 you. We invoice our services monthly payable within 30 days. 952-829-7806 fax a HANSEN THORP PELLINEN OLSON, INC. Krause/Johnson May 4,2001 Page 2 Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Cia,uAt.t • Laurie A. Johnson,P?-11-yzaer Principal LAJ:tiv Enclosure Approved: City of Eden Prairie By: By: 3 CITY COUNCIL AGENDA DATE: May 15,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 52-157 ITEM NO.: Engineering Services Approve Professional Services Agreement with Alan D. Gray HTPO,Inc.for Design and Construction V I , Eugene A.Dietz Services Associated with the Project Requested Action Move to: Approve professional services agreement with HTPO, Inc. for design and construction services for storm sewer design for Riverview Road between Parker Drive and Purgatory Creek. Synopsis This project will result in the design and construction of storm sewer in Riverview Road and Purdy Road which will relieve current erosion problems and provide needed facilities for future Riverview Road improvements. Background Information The City has agreed,through a settlement agreement with Joseph and Loretta Swanson, to design and construct the storm sewer system for Riverview Road between Parker Drive and Purgatory Creek and add catch basin improvements to Purdy Road to relieve erosion problems on the Swanson's property and an adjacent residential property. We hereby recommend approval of this informal professional services agreement with HTPO, Inc. for the amount of$37,000.00. Attachments Copy of Informal Professional Services Agreement with HTPO,Inc. Engineering',Surveying ;1 Landscape Architecture r � J May 1,2001 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn:Mr.Alan Gray Re: Riverview Road Storm Sewer and additional catch basin on Purdey Road. • Dear Mr. Gray: As requested,the following estimates for civil engineering and surveying services for the above referenced project are provided for your consideration. Estimate Scope of Services $ 17,000.00 Preparation of construction documents and bid administration. Includes topography in area of proposed stormwater pond to supplement existing topographic information, permit application to watershed districts and Dept.of Natural Resources,and preparation of • easement document as required. Does not include wetland delineation or wetland mitigation plans, if required. $20,000.00 Construction administration,staking, inspection,and record,drawings. HTPO,Inc.proposes to provide these services in accordance with the attached General Conditions. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personnel expense. We will keep you informed of our work progress and the above fee estimates will not be exceeded without prior approval from your office. 7510 Market Place Drive Customary reimbursable expenses(printing,courier,and other Eden Prairie, MN 55344 out-of-house services and documents)are passed on directly to 952-829-0700 you. We invoice our services monthly payable within 30 days. 952-829-7806 fax HANSEN THORP PELLINEN OLSON, INC. Gray/Johnson May 1,2001 Page 2 Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. J. ,77n, Laurie A.Johnson,P.E. Principal LAJ:tiv Enclosure Approved: City of Eden Prairie By: By: J CITY COUNCIL AGENDA DATE: May 15,2001. SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: S.S.A. 89-06 ITEM NO.: Public Works-Engineering Release of Land from Special Assessment • Jim Richardson Agreement for Lot 2,Block 1,Bell Oaks First L. I Eugene A.Dietz Addition Requested Action Move to: Approve the Release of Land from Special Assessment Agreement Synopsis On September 7, 1999, the City authorized Resolution 99-157 whereas the property owners could pay a sum of $3,800.00 to the City and receive a Release of the Special Assessment Agreement for Riverview Road. We are in receipt of$3,800.00 as payment/release for Lot 2, Block 1,Bell Oaks First Addition. Background Information In May, 1989, the City entered into a special assessment agreement with Bell Oaks Company regarding the levying of special assessments for street and utility for improvements. This work remains a pending project. However, due to the prolonged time frame of the project, the pending assessment has created difficulties during sales of homes subject to the assessment agreement. To provide an alternative solution, Council adopted Resolution No. 99-157 on September 7, 1999,which allows pre-payment of the pending assessment. Attachments Release of Land from Special Assessment Agreement RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), as of May 15,2001. FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated May 30, 1989, was executed by and between the City and Bell Oaks Company, a Minnesota Limited Partnership, which Agreement was filed as -Document No. 5552564 with the Hennepin County Recorder on July 11, 1989. 2. The special assessments contemplated by the Agreement have not been levied. The City is willing to accept the sum of $3,800.00 in full payment of all special assessments contemplated by the Agreement affecting any one lot against which the Agreement has been filed. 3. Burnet Title has paid to the City the sum of$3,800.00 on account of the Agreement for the benefit of Lot 2,Block 1,Bell Oaks First Addition(hereinafter the"Property"). THEREFORE,the City of Eden Prairie, a Minnesota municipal corporation,hereby releases the Property from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated May 30, 1989, filed as Document No. 5552564 with the Hennepin County Recorder on July 11, 1989. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City other than pursuant to the Agreement. IN WITNESS WHEREOF,the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: Jean L.Harris Christopher M. Enger Its Mayor Its City Manager STATE OF MINNESOTA) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 2001, by Jean L. Harris and Christopher M. Enger, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 • CITY COUNCIL AGENDA DATE: May 15, 2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works-Engineering Release of Land from Assessment Regarding Jim Richardson Utility Additional Connection Charges for PU) m Eugene A.Dietz 14-116-22-34-0004, a Parcel of Land in Section 14 Requested Action Move to: Approve the Release of Land from Agreement regarding utility connection charges Synopsis Additional connection charges specified in the Agreement referenced in the attached Release of Land have been paid and the Agreement may be released. Background Information In March 1995, the City entered into an agreement with the property owners of said property for additional connection to be levied if and when the property were redeveloped. The agreement was recorded at Hennepin County and appears on the title of the lot. The property has since been platted and developed into condominium units and the additional fees specified in the assessment agreement have been paid. It is appropriate to release the agreement to clear the title. Attachments Release of Land from Agreement RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), as of May 15, 2001. FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated July 3, 1995, was executed by and between the City and Charles Pufahl, which Agreement was filed as Document No. 2619977 with the Hennepin County Registrar of Titles of Torrens Department on July 7, 1995. 2. The utility charges contemplated by the Agreement have been paid. THEREFORE,the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated July 3, 1995, filed as Document No. 2619977 with the Hennepin County Registrar of Titles of Torrens Department on July 7, 1995. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City other than pursuant to the Agreement. IN WITNESS WHEREOF,the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: Jean L.Harris Christopher M.Enger Its Mayor Its City Manager STATE OF MINNESOTA) )ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 2001, by Jean L. Harris and Christopher M. Enger, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 CITY COUNCIL AGENDA DATE: May 15,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Services Approve Contract with the State of Minnesota Eugene A.Dietz for ICWC Program Requested Action Move to: Move to approve contract with the State of Minnesota for the Institution Community Work Crew (ICWC) in the amount of $93,900.00 for the biennium beginning July 1,2001. Synopsis The City of Eden Prairie has contracted with the State of Minnesota for the ICWC program since 1996. This has been a very cost-effective staffing alternative to meet seasonal peak demand as well as routine projects that supplements our staffing levels during the off seasons. This contract represents increasing the utilization of the program from two days per week minimum to three days per week minimum. Background Information Since 1996 when we began to utilize the ICWC program, we have always contracted for two days per week for a ten-person crew plus a supervisor. Due to the low utilization of the program in the early years, we often received three to five days per week at the two-day price. However, in 2000, other agencies have increased their utilization of the program and often times we have only received the contracted amount of two days per week. The ICWC program has become an integral part of our staffing plan and staff is recommending that the contract be expanded to three days per week. The attached contract actually specifies a two-day per week program in the amount of $62,600.00. If Council approves the three-day per week contact, it will be necessary to have the Mayor and City Manager execute the two-day contract so that we can maintain continuity after July 1. Our contact with the State will revise the document to increase the cost to $93,900.00 and provide for a three-day per week program. This two-stage process is necessary due to the time it takes to route their contract document through their agency process. Staff recommends that the Council authorize the contract for a minimum three day commitment from ICWC. Attachments • ICWC Contract Income Contract No. (Provided by Department of Administration) STATE OF MINNESOTA INCOME CONTRACT • This contract is between the State of Minnesota,acting through its Commissioner of Corrections,Institution Community Work Crew("State"),and City of Eden Prairie, 15150 Technology Drive,Eden Prairie,Minnesota, 55344("Purchaser"). Recitals • 1. Under Minn.Stat. §241.278 the State is empowered to enter into income contracts. 2. Pursuant to Minn.Stat. §244.03 the State has developed a vocational and educational program with employment related goals for inmates who desire to voluntarily participate known as the Institution • Community Work Crew("ICWC"). 3. The Purchaser is in need of an ICWC program. 4. The State represents that it is duly qualified and agrees to provide the services described in this contract. • Contract 1 Term•of Contract 1.1 Effective date: July 1,2001,or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05,subdivision 2,whichever is later. 1.2 Expiration date: June 30,2003,or until all obligations have been satisfactorily fulfilled, whichever occurs first. • 2 State's Duties • • The State will: • 2.1 Provide crew leader(s) who will supervise up to 10 offender crewmembers each for two-10 hour day(s)per week,including the hour's crew leaders spend for daily preparation and communication. 2.2 In coordination with the Purchaser, train each work crew in safety principles and techniques set forth by the Purchaser and applicable federal, state and local agency requirements. Purchaser agrees that the State has the responsibility and authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform. 2.3 Provide required personal safety equipment and clothing needed for specific work. 2.4 Screen projects to ensure that they meet ICWC guidelines. 2.5 Submit reports to the Purchaser upon request within sixty (60) days of the end of each quarter, which shall•include the following information: a. Total number of individuals served b. Total number of individuals completing the program c. Total number of individuals exiting prematurely d. Total number of hours worked by ICWC clients • e. Dollar benefit of ICWC labor at$5.00 per hour • f. Description of work completed • 3 Purchaser's•Duties The Purchaser will 3.1 Obtain all necessary permits or licenses or special authority for all projects that utilize ICWC labor. 3.2 Assign all work and coordinate material purchases and delivery for projects to be performed by the State. 3.3 Meet with the State as necessary to coordinate training and to provide project information needed by the State in the performance of its' duties. STS/ICWC Revised 03/01 • f City of Eden Prairie 4 Payment 4.1 The Purchaser agrees to pay Sixty two thousand six hundred and 00/100 Dollars($62,600.00)as its share of the cost of providing a crew leader and placing the work crew into service on the ICWC program during the term of this agreement. The Purchasers share includes time scheduled for training;vacation, sick leave and holidays based on the terms and condition of the crew leaders AFSCME bargaining agreement. • 4.2 Payment shall be made for the services of the crew leader by the Purchaser to the State in the amount of Fifteen thousand six hundred fifty and 00/100 Dollars($15,650.00)before any work has begun; and Fifteen thousand six hundred fifty and 00/100 Dollars($15,650.00)on December 31,2001; Fifteen thousand six hundred fifty and 00/100 Dollars($15,650.00)on June 30,2002;and Fifteen thousand six hundred fifty and 00/100 Dollars($15,650.00)on December 31,2002. Payment for the cost of the crew leader will be made by the Purchaser after the State's presentation of quarterly invoices no later than the 23rd day following the last day of the billing period. The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is Sixty two thousand six hundred and 00/100 Dollars($62,600.00). • 5 Authorized Representatives - The State's Authorized Representative is Mark Siemers, STS/ICWC Regional Supervisor or his successor. The Purchaser's Authorized Representative is Doug Ernst,Manager,Park and Trail Construction. 6 Amendments,Waiver,and Contract Complete 6.1 Amendments. Any amendment to this contract 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 contract,or their successors in office. • 6.2 Waiver. If the State fails to enforce any provision of this contract,that failure does not waive the provision or its right to enforce it: 6.3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract, whether written or oral,may be used to bind either party. 7 Liability Each party will be responsible for its own acts and behavior and the results thereof.The State's liability will be governed by the Minnesota Tort Claims Act,Minn. Stat.Sec. 3.736 and other applicable laws.The Purchaser's liability will be governed by the provision of the Municipal Tort Claims Act Minn.Stat. Sec. 3.739. Claims or demands arising out of injury or death of a crewmember will be governed by Minn. Stat. Sec. 3.739. In the event the Purchaser fails to obtain the proper permits,licenses,or special authority for work projects,the Purchaser agrees to indemnify and hold the State,its representatives and employees •harmless from any and all claims or causes of action,including attorney fees incurred by the State arising from the performance of that work project. 8 Government Data Practices The Purchaser•must comply.with the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13,as it applies to all data provided by the State under this contract.The civil remedies of Minn.Stat. § 13.08 apply to the release of the data referred to in this clause by either the Purchaser or the State. If the Purchaser receives a request to release the data referred to in this Clause,the Purchaser must immediately notify the State.The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released. • STS/ICWC Revised 03/01 City of Eden Prairie J 9 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State's Authorized Representative. •10 Governing Law,Jurisdiction,and Venue - Minnesota law,.without regard to its choice-of-law provisions,governs this contract.Venue for all legal proceedings out of this contract,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination Either party may terminate this agreement at any time,with or without cause,upon 30 days' written notice to the other party. 12 Assignment Neither the Purchaser nor the State shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. 13 Other Provisions 13.1 The ICWC program will be limited to inmates from the State institutions who are committed to the Commissioner of Corrections and who voluntarily participate in the ICWC program. 13.2 Any disagreement between the Purchaser and the State regarding operations of the program not • addressed in this contract shall be resolved between the authorized representatives of the parties. • • • • • • • STS/ICWC Revised 03/O1 City of Eden Prairie CITY COUNCIL AGENDA DATE: May 15,2001 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: Vacation 01-05 ITEM NO.: Engineering Services Vacation of Part of a Drainage and Utility Dave Olson Easement in Woodland Ponds of Eden Prairie — . , Eugene A.Dietz (Published 05/03/01,sent to 7 property owners) Requested Action Move to: • Close the public hearing; and • Adopt the Resolution vacating part of the Drainage and Utility Easement in Woodland Ponds of Eden Prairie Synopsis The owner of property located at 9989 Applewood Circle has requested this vacation to allow construction of a pool. Background The easement area requested for vacation was dedicated on the plat of Woodland Ponds of Eden Prairie and is adjacent to a storm water pond. The vacation will not result in a loss of storm water storage area and is not part of the designated wetland. Attachments Vacation Drawings CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT IN WOODLAND PONDS OF EDEN PRAIRIE WHEREAS,the City of E en Praine has a certain drainage and-utility easement descried as follows: That part of the drainage and utility easement over, under and across Lot 8, Block 2, Woodland Ponds of Eden Prairie, Hennepin County, Minnesota, as said easement is delineated and dedicated on the plat of Woodland Ponds of Eden Prairie. Said easement to be vacated is described as follows: Commencing at the northeast corner of said Lot 8; thence on an assumed bearing of South 38 degrees 31 minutes 49 seconds East along the northeast line of said Lot 8 a distance of 92.01 feet to the point of beginning;thence South 49 degrees 47 minutes 28 seconds West a distance of 60.00 feet; thence South 19 degrees 29 minutes 35 seconds West a distance of 16.15 feet;thence South 78 • degrees 51 minutes 22 seconds East a distance of 49.12 feet;thence North 51 degrees 28 minutes 11 seconds East a distance of 30.21 feet;thence North 20 degrees 43 minutes 11 seconds East a distance of 13.59 feet to the northeast line of said Lot 8;thence North 38 degrees 31 minutes 49 seconds West a distance of 40.88 feet to the point of beginning, except that part being 5 feet southwesterly of and parallel to the northeasterly property line of said Lot 8. WHEREAS, a public hearing was held on May 15, 2001, after due notice was given to affected property owners and published in accordance with M.S.A.412.851; WHEREAS, it has been determined that the said drainage and utility easement is not necessary and has no interest to the public,therefore, should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on May 15,2001. Jean L.Harris,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk a 410,.-a.....-....-- at x.x.. sc . vR .pp. - • = 1 R Ai Ai O qr Nn o 0o CM • *Ter � s f NrA . YQsg v 'T +3t .gyp ,N tSCti•�. 40, tr....",, .p.lp,...: t:s•-- vr4,....,. -,,,,<, ,,,. Ni-ii ei- 42Z'F yS 9 •sr 'd • a N7 �e 6 f1 • sz SZ - - z. 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' .0 32 PO <0 In 88.00 w • IS LEGEND 0 iron monuments Scale in feet x 840.0 existing elevations • �. .; xI I proposed elevations 20 0 20 40 60 . - -- direction of proposed surface drainage 1 Viac oi�- o I hereby certify that this survey �J Engineers. • Surveyors ' was prepared by me or under myProyct No. 01-028 supervision and that I am a duly r I Landscape Architects Dram by DH registered land surveyor under r Minnesota Statutes Section 326.02 Checked by - to �!4 HansenM Thorp Place Olson Inc. — . �4r 7510 Prairie. Nee 344 Boa t: Eden Prolrle,UN 553i4-384+ �� .?.2 7 I_7-7�if/ (252) 822-07oo FAX(252) 822-7808 CITY COUNCIL AGENDA DATE: 05/15/01 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Eden Prairie Center Sign Plan ti Steve Durham Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 80.00 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the C-Reg Zoning District on 80.00 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis General Growth is requesting approval of a sign plan that requires sign waivers from the City code. These include the following: • Increase the number of freestanding signs from four to six; increase the permitted freestanding sign area from 188 square feet to 219; to permit a distance between sign faces for the lantern from 18"to 2'9". • Increase the square feet of directional signs from 36 square feet to 252 square feet. • Permit four exterior mall entrance and tenant signs of 245 square feet each. City Code does not permit interior mall and tenants exterior signs. • Permit one 18 square foot directional sign on the Von Maur parking ramp. • Waiver to permit additional Barnes &Noble signs on the AMC west exterior wall, City Code permits signs on tenant walls only. At the April 23, 2001 meeting, the Community Planning Board voted 5-1 to recommend approval of the sign plan with waivers to the City Council. Background Information The sign plan presented to the Community Planning Board included a request for a PUD sign 40 feet tall and 400 square feet in size adjacent to Highway 212. The Board was not comfortable with the size of the sign and was prepared to continue the project for thirty days. General Growth withdrew the PUD sign waiver since a continuance would not leave enough time to build the other signs needed for the opening of the mall. The requested waivers maybe considered for the following reasons: • The site is 80 acres. • The plan includes five anchor stores and multiple interior tenants. There is the potential for each anchor store to have a free- standing sign. • The size of the development is 1,300,000 square feet. • If the site were subdivided into a several commercial sites there would be multiple free- standing and wall signs with sign area in excess of the proposed plan. • If the site was subdivided into commercial sites with directional signs there could be multiple sites with multiple directional signs. • The site has 6 internal intersections and six external intersections that require either Mall identification or directional signs. The entrances to the mall are short in length and a decision of direction needs to be made quickly and safely in order to reduce traffic congestion. • Views of the site and orientation to specific stores or entrances are limited. Attachments 1. Resolution for PUD Concept Amendment 2. Community Planning Board Minutes dated April 23, 2001 3. Staff Report dated April 20, 2001 EDEN PRAIRIE CENTER SIGN PLAN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN PRAIRIE CENTER SIGN PLAN FOR GENERAL GROWTH PROPERTIES 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 Community Planning Board did conduct a public hearing on Eden Prairie Center Sign Plan PUD Concept by General Growth Properties and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and WHEREAS,the City Council did consider the request on May 15, 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Prairie Center Sign Plan being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated March 21, 2001. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated April23, 2001. ADOPTED by the City Council of the City of Eden Prairie this 15th day of May, 2001. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk 3 Exhibit A Eden Prairie Sign Package Legal Description: Lots 2 and 4, Block 1, Eden Prairie Center Addition Lot 1, Block 1,Eden Prairie Center 4th Addition Lots 1 and 2,Block 1, Eden Prairie Center 8th Addition Community Planning Board Minutes April 23,2001 Page 10 C. EDEN PRAIRIE CENTER SIGN PLAN by General Growth Properties. Request for Planned Unit Development Concept Amendment on 80 acres, Planned Unit Development District Review with waivers on 80 acres, and Zoning District Amendment within the C-Reg Zoning District on 80 acres. Location: Prairie Center Drive. The public hearing opened at 8:58 p.m. Bill Mosten Vice President of Development for General Growth Properties said he has two concerns with recommendations in the staff report. The proposal is the culmination of the project; this is a critical piece of the project. They are anxious to bring new customers to Eden Prairie Center and bring return customers. The scope is appropriate for the size of the project and is consistent with General Growth's projects across the country. The signs are attractive and consistent with the community. He has discussed with the staff the Barnes and Noble sign; they are a key anchor and they are in a position of least visibility. As a condition of their location General Growth agreed to provide signage. The identification sign on 212 is part of the identity for the center and community center. They would allow the city and community to post events. Otherwise they agree with the staff report. Franzen said the mall renovation should be completed this fall. All but two sign. requests are reasonable. The additional Barnes and Noble signage based on wall space in the building. They could be allowed a second sign if the two signs split the allowable size. The existing PUD sign on 212 exceeds City code. The entrance signs were traded for the sign on 212. They could either not have the sign or have it 20 feet tall and 80 square feet. Reader boards can display time and temperature. This would set a precedent if things were advertised on the sign. The PUD sign should be in accordance with code and allow only public service announcements. There was no public comment. Motion by Nelson, second by Foote to close the public hearing. Motion carried 6- 0. The public hearing closed at 9:10 p.m. Nelson inquired about where the movie theater sign would be located. Mosten said it is an 18-screen movie theater, it is ineffective to advertise all of the shows on a readerboard and they do not plan to have anything but signs at the entrance. Nelson asked about the need for all of the directional signs. It is a small mall and all the buildings have large signs on them. It is obvious where things are on the 5 Community Planning Board Minutes April 23,2001 Page 11 outside where major tenants are located. It seems like clutter. The mall has been there for a long time and it is evident where the stores are. At the very worst people would have to drive around it once. Mosten said customer convenience was very important and they did not want people to have to drive around to look for stores. Customers have told them it is confusing. These directional signs are now industry standard. They blend into the landscaping and are effective. Sodt asked whether there was a study indicating numbers of new customers. Mosten said no. Sodt agreed with Nelson that most customers would be existing Eden Prairie residents. Stoelting asked for a visual of the Barnes and Noble sign. Steve Johnson, VP Sales Northwest sign, said the directional signage is a convenience. Burnsville Center is going through the same thing. This is not unique to the site. Franzen asked Mosten about a typical size for a regional mall. Mosten said he was unsure of the boundaries of the trade area. It goes north to Ridgedale, east to Mall of America, and southwest quite a way toward Victoria, and Mankato. He can provide a map of the trade area. Franzen said he was trying to clarify that the mall will draw residents from outside the City and directional signs are important for customers who do not use the mall on a regular basis. ADC considered each building a separate site. This could be considered six parcels and a 36 square foot sign for each site could be provided. Stoelting asked Franzen to clarify the Barnes and Noble sign issue. Franzen said if based upon the size of their space they were entitled to 100 square feet. By waiver,the City could split the allowable size of the sign. Mosten said Barnes and Noble gave up the end location in trade for a sign. Stoelting asked Mosten to address the large sign on 212. Mosten said it was to create one large identification sign that could be seen from the freeway. They have had many comments from the public that the mall is difficult to find. The secondary reason is it can convey messages. Community Planning Board Minutes April 23,2001 Page 12 Seymour asked if it would be in the same place as the current theater sign. Mosten said it would be in that location. This would be an additional sign. Nelson asked about the height of the existing sign. Franzen said it was 36 feet tall and 336 square feet. Nelson asked whether they have the right to put another equivalent sign at that location. Franzen said changing the shape, size and number of signs will require board and council approval. Nelson inquired whether they left the size and shape the same but changed the wording. Franzen said if no significant changes were made that would be within the spirit and intent for which it was approved. However, that waiver was granted in exchange for no other street signs. Nelson asked if they could go in with a 20-foot high sign if they wanted. Franzen said they could put up an 80 square foot sign 20.feet high. They are asking for waivers for other signs so Council and the Board could make judgements on that. The board should decide whether they should have a PUD sign and how large it should be. Sodt said he could not find a C-2 or N sign on the plan. Mosten said C-2 is under the bridge, there is a walkway between the Target parking deck and the mall. The end sign from the food court mall entrance is N, at location CA. Sodt noted there were a lot of variance requests. He asked whether all of them were necessary. He looked at entrance A6 from Prairie Center Drive. Most of that traffic would be heading into Tower Square. A3 seems to be an internal access from the ring road. He asked whether those were essential. Mosten said those were primary entrance signs. They have tried to provide consistency throughout the site. The original ordinance probably did not consider a mall this size. This should be a town center from all points of entry. The sign at A-6 is the same as the rest. The sign plan was prepared for customers, not necessarily from the ordinance. 1- Community Planning Board Minutes April 23,2001 Page 13 Sodt expressed concern about setting precedence. Mosten asked Franzen to clarify the PUD guideline defining the center as unique. Franzen said regional malls typically have several access points because of the need to evenly distribute traffic. Everything but the PUD sign Community scale malls have only two driveways so there is not a need for additional signage. Mosten said it is a matter of consistency as well identifying entrances. Franzen reviewed reasons for granting waivers. Sign waivers are being requested because of the scale of development in relationship to the number of entrances and size of site, number of people visiting the site, internal and external intersections, and the low visibility of the site in relationship to surrounding public roads. The mall must be treated differently than community centers because of its scale. Foote said considering the project's size he had no problem with any of the signs except for the large one in the front. Smaller is not necessarily better, with the exception of the large PUD sign.He dislikes the lighted portion of it. Sodt questioned the need for the A4 sign and E sign. Mosten said the E sign identified the overall sign from a distance across the freeway and A4 was a low sign telling drivers to turn in to the mall. Alternative size for E is up for discussion. Sodt suggested the sign would be similar to Mystic Lake Casino sign. Mosten noted he was willing to discuss alternatives. The sign package is very important. Sodt asked about the timeline. Mosten said the PUD sign would not be a problem, the others would be a major problem. Nelson said she has a problem with the PUD sign with the height and disliked the directional signs because of the height; 5'9"was too tall. They should be lower to the ground and less intrusive. B-1, B-2 and B-3 will be covered with snow. A scrolling message board next to the mall would not be in keeping with the rest of the City. Mosten said they have done studies identifying appropriate height of signs for vehicles coming in.He asked his coworkers to elaborate. Community Planning Board Minutes April 23,2001 Page 14 Seymour said he appreciates the uniqueness of the site and understands the need for signs. The design of the signs are pleasing. He disliked the PUD sign. Two signs could be at Barnes and Noble if the square footage did not exceed 100 square feet. Franzen said if the board wanted to split the square footage that would be reasonable. Barnes and Noble is beneath the theater and could be treated as a separate box. Foote suggested the board take action this with the exception of the PUD sign. Franzen said General Growth could withdraw the request for the PUD sign. They are entitled to a PUD sign but could withdraw it and come back. Foote suggested this option. General Growth withdrew the request for the PUD sign. Sodt said they could make a motion listing changes prior to council expressing reservations. Franzen said the board could recommend approval of the project with conditions. The discussion in the minutes will convey the board's concerns to the Council. Koenig said she was very satisfied with the internal sign package. She likes the logo and does not have a problem with the PUD sign except the possibility of setting a precedent with the video. Motion by Sodt, second by Foote to approve, adding further consideration of directional signs,meeting the code and split with Barnes and Noble sign. Foote stated the motion was not clear about directional signs meeting code. There is no problem with the directional signs. He would leave the part about Barnes and Noble sign. Koenig agreed with Foote's comments. Stoelting said the board could vote on the motion or amend it. Sodt said he still would like the directional signs reconsidered. Vice-Chair Stoelting called for a roll-call vote. Nelson yes, Foote no, Koenig no, Seymour no, Sodt yes, Stoelting no. Motion failed 2-4. Community Planning Board Minutes April 23,2001 Page 15 Motion by Foote, second by Koenig to approve General Growth Properties' request for Planned Unit Development Concept Amendment on 80 acres, Planned Unit Development District Review with waivers on 80 acres, and Zoning District Amendment within the C-Reg Zoning District on 80 acres, with the Barnes and Noble sign be configured to the size which it is entitled to by ordinance. Koenig asked whether PUD sign needed to be mentioned. Franzen noted the proponent had withdrawn the request for the PUD sign. Vice-Chair Stoelting called for a roll-call vote. Nelson no, Foote yes, Koenig yes, Seymour yes, Sodt yes, Stoelting yes. Motion carried 5-1. lb STAFF REPORT TO: Community Planning Board FROM: Steve Durham,Zoning Administrator THROUGH: Michael D.Franzen, City Planner DATE: April 20, 2001 SUBJECT: Eden Prairie Sign Plan APPLICANT/ OWNER: General Growth Properties LOCATION: Prairie Center Drive REQUEST: 1. Planned Unit Development Concept Amendment on 80 acres 2. Planned Unit Development District Review with waivers on 80 acres 3. Zoning District Amendment within the C-Reg Zoning District on 80 acres 11 Staff Report—Eden Prairie Sign Package April 20,2001 BACKGROUND The Eden Prairie Center is 1.3 million square feet on 80 acres. The mall renovation should be completed this fall.The Eden Prairie Center will consist of a general mall area with retail stores and restaurants, an eighteen- screen movie theater and six anchor stores. The site is zoned C-Reg(Commercial Regional). PLANNED UNIT DEVELOPMENT WAIVERS General Growth is requesting sign waivers from the City code for the following reasons. • Scale of the development in relationship to the number of entrances and size of site. • The number of patrons and employees that will visit the site. • Number of internal and external intersections. • The low visibility of the site in relationship to surrounding public roads. 1. Freestanding Frontage Sign Waivers include the following. • To permit the 6 freestanding frontage signs. City code permits 4 signs. • To permit 6 freestanding signs totaling 219 square feet. City code permits 188 square feet. • To permit a distance between sign faces of 2'9"for the lanterns. City code permits 18 inches. One monument entry sign is proposed at each of the six street entrances to the mall site. Each sign contains 36.5 square feet. The signs meet size, height and sign base requirements. The lanterns will have more than 18"between sign faces. The monument signs are Al through A6 in the sign plan,page Gl. 2. Waiver to permit 6 directional signs totaling 252 square feet. City code permits 36 square feet. A directional sign is at the interior intersections where the entry drive meets the Mall ring road. Each sign will be 42 square feet. City code permits each sign to be 6 square feet. The signs meet the height and sign base requirements. The directional signs are B1 through B6 in the sign plan, pages G2 and G3. 3. Waiver to permit 4 exterior wall signs,245 square feet each at each building entrance. City code permits no exterior wall signs. Four Mall entrance signs of 201 square feet and 4 interior tenant signs of 44 square feet are proposed at each Mall entrance. The Malls exterior walls are covered by anchor stores such as Sears, Von Maur, Mervyns, Target and the Theaters. If the interior mall was not covered by anchor stores each exterior wall could have 300 square foot sign.The wall signs are C in the sign Staff Report—Eden Prairie Sign Package April 20,2001 plan,page G4. 4. Waiver to permit the Eden Prairie Center to have one, 18 square foot directional sign to the Von Maur parking ramp. City code permits 6 square feet. The directional sign is C2 in the sign plan,page G5. 5. Planned Unit Development Sign Waivers include the following. • To permit a 414 square foot PUD sign. The City code permits 80 square feet. • To permit a 39 foot high sign. The City Code permits a 20-foot high sign. • To permit a 30 inch distance between sign faces. The City code permits 18 inches. • To permit an 80 square foot sign base. The City code permits 40 square feet. • To permit a scrolling sign message. City code permits time and temperature and other public service information. • To permit the sign to be 15 feet away from another freestanding sign. The City code requires 300 feet. The existing Eden Prairie Center PUD sign is 336 square feet and 26 feet tall. The sign was originally approved at 252 square feet in 1975 and increased to 336 square feet in 1979. The sign waivers were granted as a tradeoff for no other freestanding signs at any of the street entrances to the mall site. This PUD sign is E in the sign plan,page G6. 6. Waiver to permit additional Barnes &Noble signs on the AMC west exterior wall. City Code permits tenant signs on the exterior of the wall that tenant occupies. These are sign elevation A and B in the sign plan,page G8a. REASONS TO CONSIDER THE SIGN WAIVERS • The site is 80 acres. • The plan includes five anchor stores and multiple interior tenants. There is the potential for each anchor store to have a free- standing sign. • The size of the development is 1,300,000 square feet. • If the site were subdivided into a several commercial sites there would be multiple free-standing and wall signs with sign area in excess of the proposed plan. • If the site was subdivided into commercial sites with directional signs there could be multiple sites with multiple directional signs. • The site has 6 internal intersections and six external intersections that require either Mall identification or directional signs. The entrances to the mall are short in length and a decision of direction needs to be made quickly and safely in order to reduce traffic congestion. • Views of the site and orientation to specific stores or entrances are limited. �3 Staff Report—Eden Prairie Sign Package April 20,2001 REASONS TO MODIFY OR DENY THE SIGN WAIVERS • The directional signs could meet the 6 square foot maximum and still be readable, but not accommodate as much information. • The signs requiring more than 18"of space between sign faces could be amended to meet code. • The PUD sign of 414 square feet and 39' height could be reduced in size and height to the original approved sign or eliminated. • Moving signs are not permitted in Eden Prairie, which do not supply only public service information. • A moving sign would also need approval for the State Highway Department. REGULATORY SIGNS The code allows stops signs, street signs,and other types of safety signs. The signs on the parking ramp are regulatory signs.The code does not regulate the size,height or quantity of regulatory signs. CONCLUSION The Community Planning Board should consider the following questions. 1. Has the General Growth provided reasons for considering the sign waivers? 2. Is the sign request reasonable and appropriate for the size of the development? 3. Are the design, size,color, and scale of the individual signs acceptable? 4. Are the signs consistent in color,texture and materials? The staff cannot support the PUD sign or the additional wall signs not on the exterior tenant wall. The PUD sign is excessive, considering that waivers are requested for size and number of freestanding signs. The freestanding signs at the entrances are practical and needed to identify the entrances. Additional signs for Barnes and Noble are excessive. The name also appears on the directional signs. STAFF RECOMMENDATION Alternative One The Community Planning Board could choose to recommend approval of the following. • Planned Unit Development Concept Amendment on 80 acres • Planned Unit Development District Review with waivers on 80 acres • Zoning District Amendment within the C-Reg Zoning District on 80 acres Approval is based on plans dated April 20, 2001 prepared by Omniplan Architects and the Staff Report dated April 20,2001, and the following conditions. The following waivers are granted through the PUD. Staff Report—Eden Prairie Sign Package April 20,2001 1. Freestanding Frontage Sign Waivers include the following. • To permit the 6 freestanding frontage signs. City code permits 4 signs. • To permit 6 freestanding signs totaling 219 square feet. City code permits 188 square feet. • To permit a distance between sign faces of 2'9"for the lanterns. City code permits 18 inches. 2. Waiver to permit 6 directional signs totaling 252 square feet. City code permits 36 square feet. 3. Waiver to permit 4 exterior wall signs, 245 square feet each at each building entrance. City code permits no exterior wall signs. 4. Waiver to permit the Eden Prairie Center to have one, 18 square foot directional sign to the Von Maur parking ramp. City code permits 6 square feet. 5. Planned Unit Development Sign Waivers include the following. • To permit a 414 square foot PUD sign. The City code permits 80 square feet. • To permit a 39 foot high sign. The City Code permits a 20 foot high sign. • To permit a 30 inch distance between sign faces. The City code permits 18 inches. • To permit an 80 square foot sign base. The City code permits 40 square feet. • To permit a scrolling sign message. City code permits time and temperature and other public service information. • To permit the sign to be 15 feet away from another freestanding sign. The City code requires 300 feet. 6. Waiver to permit additional Barnes&Noble signs on the AMC west exterior wall. City Code permits tenant signs on the exterior of the wall that tenant occupies. A sign permit from Community Development is required prior to installation of any sign on the property. Alternative Two The Community Planning Board could chose recommend approval of all sign waivers except: 1. Planned Unit Development Sign Waivers include the following. • To permit a 414 square foot PUD sign. The City code permits 80 square feet. • To permit a 39 foot high sign. The City Code permits a 20-foot high sign. • To permit a 30 inch distance between sign faces. The City code permits 18 inches. • To permit an 80 square foot sign base. The City code permits 40 square feet. • To permit a scrolling sign message. City code permits time and temperature and other '5 Staff Report—Eden Prairie Sign Package April 20,2001 public service information. • To permit the sign to be 15 feet away from another freestanding sign. The City code requires 300 feet. 2. Waiver to permit additional Barnes &Noble signs on the AMC west exterior wall. City Code permits tenant signs on the exterior of the wall that tenant occupies. A sign permit from Community Development is required prior to installation of any sign on the property. Alternative Three The Community Planning Board could chose to recommend that all signs meet City Code requirements. Ito Location Map Eden Prairie Center 1 • I' I. it p !• 1`,` �,` ` I 1'I m 1 "i I ;I i1 �Jf,l .... 4 I • • 1, t. u • ! ly !! II 11 J•%' ',I ,• [f, 1 _ 11 1' v 4 I r rr ,, ! I' i ' t s l ,,pp � i p: 1' � li II � re i.: �.F 7 '.Hl� I 'i I t -"'' , ry ` '.I,: .'S 1 IAY 4' • ! � 'if'' t FI tiaJ II! I F},ice! ...M - I / � �•e, . L. 1 I i `'1 IH ,—I.... f1 :i' 1s I t ,1 I e i. «� ,i. • !'I t� •i' i t' '.I is I r. is a 'il %! r i• • •• p prO } i M1,f; :4 /. jl Iy i' W / / / is r` t •• A F •t` r 4� � / �� I iF;- k .l. it "'fp�.:'';; fF.. , . �' ' i Y,Vi "\ a ; rt :' :' I t' // (/ \ �, 'I i ry ' / "./ ° \ M i r .1 air ,le=Center, r.) Q it • .L •, r,.• I t , , , • ,, i I I' �p ��C1��0��O�On ptl t�®®® /'� E,�'R1I"II ,' 1i i 1. i` k 'i,a "I ' ' : p `t• , ', Q��Q� -^ /° , IF .1.,, xm , --, r� i, lag' o e'. ,->I Ivy• (9. �� j �\;, ell " I � 1' 1 i Ittr IA f70 t7 . r'O 1:..� `�/1 �I ,�� p ''L{J i I� � III , �e� �� �Q ��iP' °� }II y: 1 ? {a. L7 rill] A0 Ad CA ®01 "C--! �C, t ��lEllibb , �Q i �� *it 1I AA eA Ili en, t �` . �}'wu �t .1.1 6., ,, i: • • i Lill/,I .n. ....... . ... .... .• .. . ,i...„..„ ,f,, , i . .A .,". .... -- — • - 7VC3Q00) ' ' ,i �I,`'', I II � I C I� ICJI'� .� ri I� t " `J '�µ III•I • , 1 �V 1 ^�� r N 1 I �( �--- • , I , CITY COUNCIL AGENDA DATE: 05/15/01 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram Krista R. Flemming International School Auditorium and Classrooms Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 38.4 acres; and • Approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment within the Public Zoning District on 38.4 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions; and • Direct Staff to issue a land alteration permit to the International School to proceed with construction at their own risk. Synopsis This project is an 11,372 sq. ft. building addition for classrooms and an auditorium located on Beach Road. The Community Planning Board voted 6-0 to recommend approval of the project to the City Council at the April 23, 2001,meeting. Background Information In 1987, the City approved the International School of Minnesota PUD, which included 3 classroom buildings and a gymnasium. In 1989, 1994, and 1999, the City approved minor amendments to the PUD for parking, additional classrooms,tennis courts, a running track and a gymnasium. This project is a PUD amendment to add an auditorium and classrooms. These are permitted uses in the public zoning district. The project meets City code requirements. Attachments 1. Resolution for PUD Concept Amendment 2. Community Planning Board Minutes dated April 23, 2001 3. Staff Report dated April 20, 2001 t INTERNATIONAL SCHOOL AUDITORIUM CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF INTERNATIONAL SCHOOL AUDITORIUM FOR INTERNATIONAL SCHOOL OF MINNESOTA 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 Community Planning Board did conduct a public hearing on International School Auditorium PUD Concept by International School Auditorium and considered their request for approval for development and recommended approval of the requests to the City Council; and WHEREAS,the City Council did consider the request on May 15, 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. International School Auditorium, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated May 3,2001. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated April 23, 2001. ADOPTED by the City Council of the City of Eden Prairie this 15th day of May, 2001. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A International School Auditorium Legal Description: Lot 1,Block,International School Addition 3 Community Planning Board Minutes April 23,2001 Page 9 B. INTERNATIONAL SCHOOL AUDITORIUM by International School. Request for Planned Unit Development Concept Amendment on 38.4 acres, Planned Unit Development District Review on 38.4 acres, Zoning District Amendment within the Public Zoning District on 38.4 acres and Site Plan Review on 38.4 acres. Location: Beach Road. The public hearing opened at 8:45 p.m. Franzen said this project is a PUD amendment to add an auditorium and classrooms to the International School of Minnesota. The project meets City requirements. Franzen read a letter received from Gerri Baakonen and his response to her questions. 17 acres are open space for tree preservation and lakeshore protection. Hennepin County owns one acre. The International School is exempt from property taxes. The school parks on a private road and grass areas during special events.Notices to property owners are sent to those within 500 feet of the boundaries of the land. Ms. Baakonen's letter and Franzen's response will be included as part of the minutes. John Harris, Principal of Harris Architects. The school would like to move forward with a 350 seat performing arts auditorium and testing. The auditorium is proposed with a new main entrance. Foote inquired about parking on the property and whether it would be adequate for auditorium use. Harris said 220 spots. Franzen said it would be used during the day by faculty and students and there would likely be more than one person per car for special events. Sodt said if people parked on Beach Road they would be very far from the auditorium. He said he would anticipate vehicles parking on the private road into the school but not on Beach Road. Foote said he has seen parking on Beach Road occasionally but is not sure what it is in relation to. Motion by Nelson, second by Foote to close the public hearing. Motion carried 6- 0. The public hearing closed at 8:56 p.m. Motion by Nelson, second by Foote to approve International School Auditorium by International School Request for Planned Unit Development Concept Amendment on 38.4 acres, Planned Unit Development District Review on 38.4 acres, Zoning District Amendment within the Public Zoning District on 38.4 acres and Site Plan Review on 38.4 acres.Motion carried 6-0. `7 STAFF REPORT TO: Community Planning Board FROM: Krista R. Flemming,Planner II DATE: April 20,2001 SUBJECT: International School Auditorium and Classrooms APPLICANT/ OWNER: International School of Minnesota LOCATION: Beach Road REQUEST: 1. Planned Unit Development Concept Amendment on 38.4 acres 2. Planned Unit Development District Review on 38.4 acres 3. Zoning District Amendment within the Public Zoning District on 38.4 acres 4. Site Plan Review on 38.4 acres • Staff Report—International School Auditorium April 20,2001 BACKGROUND In 1987 the City approved the International School of Minnesota PUD,which included 3 classroom buildings and a gymnasium. The guide plan was changed from residential to Elementary School/Secondary Elementary/Vocational School. The site was zoned public. In 1989, 1994, and 1999,the City approved minor amendments to the PUD for parking, additional classrooms,tennis courts, a running track and gymnasium. This project is a PUD amendment to add an auditorium and classrooms. These are permitted uses in the public zoning district. SITE PLAN The proposed addition is 11,372 sq. ft. The building and parking meet the 50 foot setback from all property lines and the 200 foot shoreland setback from Bryant Lake. The amount of parking needed is based on the requirements of the school. The site has adequate parking since public streets are not impacted. GRADING AND DRAINAGE There are no significant trees in the area of proposed construction. The existing NURP ponds will be used to treat stormwater to city standards onsite. ARCHITECTURE The buildings meet the 75% face brick and glass requirement, and are consistent with the architecture of other buildings. UTILITIES The site is connected to utilities from Beach Road. LANDSCAPING The amount of landscaping required is 36 inches. The landscape plan meets this requirement. CONCLUSION The proposed building meets code requirements. I 6 Staff Report—International School Auditorium April 20,2001 STAFF RECOMMENDATION Staff recommends approval of the following request: • Planned Unit Development Concept Amendment on 38.4 acres • Planned Unit Development District Review on 38.4 acres • Zoning District Amendment within the Public Zoning District on 38.4 acres • Site Plan Review on 38.4 acres This would be based on plans dated April 20, 2001,this staff report, and the following conditions: 1. Prior to grading permit issuance,the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 2. Prior to building permit issuance,the proponent shall: A. Review the building plans with the Fire Marshal, including details regarding fire access. B. Submit a landscaping bond in accordance with City Code. C. Provide building material samples and colors for review by the City Planner. a;t A Location Map _ -, International School Auditorium _ 62 - R /�v I aa II ;r:_ HWy h __I �eac _ } 1I f 1 INIO i I � fy ! , \\ , , \ , i , . , ,C i . c ,. , I f \ III 1 ,„ ,,. ' 1 r � \ 1 ' , ' ' :- '1' , , , , , ' ' 13\ 111,27 \. `tt FH { ! \ t 3I \ j ` �@l 1 1 !rl k • i \\\ ,./ / \ \\\H , ' ' ' ' , ,), -. ,/ 4.7,,,,.)',\C:111: , , „ .,, (Pet. \ . I ;.,' ' ' . <pot crk9 -0- IM'i P?"`'.- ',. ' _,--, \ \, \ ,,, ----,\‘,.„...1.---- 60 „ci ' ,(.1_,,)' ' .---tv ' \•• "k \ \ , .._______.> 1 �- , ' 1 ,,\ 04,, //) 1 ii..... . . •, ,•••••1.„1 4........i.e> ;1 77 ���4 1 �I ll" V r CITY COUNCIL AGENDA DATE: 05/15/01 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Valley View Corporate Center 3711 T, Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from Medium Density Residential to Office on 2.39 acres and from Regional Commercial to Office on 4.79 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 7.18 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to I-2 on 7.18 acres; and • Approve the Resolution for Preliminary Plat on 7.18 acres into 1 lot and right of way; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is a one-story, 74,152 square foot building located at the intersection of Valley View Road and Topview Road. The project requires a guide plan change from regional commercial and medium density residential to office and a PUD waiver for increased office use from 50% to 85%. At the April 23, 2001 meeting, the Community Planning Board voted 6-0 to recommend approval of the project to the City Council with the PUD waiver for increased office use. The Board recommended that the access to Topview Road be a"right out" only. Background Information: An office use next to residential is appropriate for the following reasons. • Less daily and peak hour traffic. • Less evening and weekend traffic. • Lower light levels. • A smaller loading area. • Less truck traffic. The PUD waiver for increased office use in the industrial district is similar to the waiver granted for the building to the west. Approval of this waiver should be based on a minimum of 75% office use. The City Council previously directed staff to consider changes to the Topview Road driveway connection to enhance safety. The SRF Traffic Study analyzes the impact of a full access driveway to Topview Road and no driveway access to Topview Road. The study looks at traffic volumes and impacts on all roads and intersections in the immediate area, safety concerns, vehicle speeds, and site distance. The study recommends a balanced solution to traffic in the area so that all roads and intersections operate with efficiency and safety by changing the originally proposed full access to Topview Road to a"right in-right out" only. Eliminating access to Topview Road reduces safety on Valley View Road by increasing the number of lane changes and U-turns. Higher traffic volume, higher speed, and multiple traffic lanes magnify the negative impact to safety caused by cars changing lanes and making U-turns. These lane changes and U-turns occurring in the segment of Valley View Road between Topview Road and Prairie Center Drive will also negatively affect other property access to Valley View Road in the P.M. rush hour. This decrease in capacity of Valley View Road and traffic delays will increase the volume of traffic using Roberts Drive between Topview Road and Baker Road. Attachments 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for PUD Concept Amendment 3. Resolution for Preliminary Plat 4. Community Planning Board Minutes dated April 23,2001 5. Staff Report dated April 20,2001 VALLEY VIEW CORPORATE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Valley View Corporate Center is for a one-story 74,152 square foot office building. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: 2.39 acres from Medium Density Residential to Office and 4.79 acres from Regional Commercial to Office, located at the northwest quadrant of Valley View Road and Topview Road. ADOPTED by the City Council of the City of Eden Prairie this 15th day of May, 2001. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk 3 VALLEY VIEW CORPORATE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF VALLEY VIEW CORPORATE CENTER FOR CSM EQUITIES,L.L.C. 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 Community Planning Board did conduct a public hearing on Valley View Corporate Center PUD Concept by CSM Equities, L.L.C. and considered their request for approval for development(and waivers) and recommended approval of the requests to the City Council; and WHEREAS,the City Council did consider the request on May 15, 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Valley View Corporate Center, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated April 6, 2001. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated April 23, 2001. ADOPTED by the City Council of the City of Eden Prairie this 15th day of May,2001. Jean L.Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk Exhibit A Valley View Corporate Center Legal Description: Outlot C, except that part lying Easterly of a line described as follows: Commencing at the West Quarter corner of Section 11,Township 116,Range 22, said Quarter corner also being the Northwest corner of said Outlot C, Menard Addition;thence Northeasterly along the North line of said Outlot C on an assumed bearing of North 87 degrees 44 minutes 44.4 seconds East a distance of 547.08 feet to the point of beginning of the line to be described; thence Southeasterly a distance of 64.07 feet along a non-tangential curve concave to the Northeast having a radius of 125.00 feet, a central angle of 29 degrees 22 minutes 09.1 seconds and the chord of said curve 63.37 feet in length and bears South 24 degrees 55 minutes 22.4 seconds East;thence South 39 degrees 36 minutes 27.4 seconds East a distance of 56.92 feet; thence Southeasterly a distance of 152.81 feet along a tangential curve concave to the Southwest having a radius of 583.34 feet, a central angle of 15 degrees 00 minutes 31 seconds and the chord of said curve 152.37 feet in length and bears South 32 degrees 06 minutes 10.4 seconds East to the South property line of Outlot C, also being the Northerly right-of-way line of Valley View Road and line there terminating. 5 VALLEY VIEW CORPORATE CENTER CITY OF EDEN PRAIRIE H t+;NNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- RESOLUTION APPROVING THE PRELIMINARY PLAT OF VALLEY VIEW CORPORATE CENTER FOR CSM EQUITIES, L.L.C. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of the Valley View Corporate Center for CSM Equities,L.L.C., dated April 6, 2001 and consisting of 7.18 acres into 1 lot and road right-of-way, 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. ADOPTED by the Eden Prairie City Council on the 15th day of May, 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk Community Planning Board Minutes April 23,2001 Page 3 IV. PUBLIC H t+;ARINGS A. VALLEY VIEW CORPORATE CENTER by CSM Equities, L.L.C. Request for Comprehensive Guide Plan Change from Medium Density Residential to Office on 2.39 acres and from Regional Commercial to Office on 4.79 acres, Planned Unit Development Concept Review on 7.18 acres, Planned Unit Development District Review with waivers on 7.18 acres, Zoning District Change from Rural to I-2 on 7.18 acres, Site Plan Review on 7.18 acres, and Preliminary Plat on 7.18 acres into 1 lot and road right of way. Location: Northwest Quadrant of Valley View Road and Topview Road. The public hearing opened at 7:03 p.m. Dave Carland, Vice President of Development noted there has been a reduction from a two story to single story building and 100,000 to 75,000 square feet in response to traffic concerns. Routing traffic across Home Depot is one option. Engineering recommended Topview Road and access be reflected in the plans. The neighbors expressed concern about safety and traffic. Foote asked about the traffic report. Carland said the traffic consultant indicated traffic is less than the guide plan. He felt traffic would be less since the report is 100% use of parking spots and this seldom occurs. Sodt inquired about the relationship PPT and Home Depot and whether they would object to access through the lot. Carland said they were the landowners for the PPT property. He has the right as the landlord and there is an easement recorded for the cross connection. It is not a conflict. There is an ingress and egress easement with Home Depot. His discussion with Home Depot included major drive modifications. Koenig asked Carland to provide examples of buildings done by CSM in Eden Prairie. Carland state there were three buildings on the hill off Anagram Drive, buildings on Golden Triangle Drive, the PPT Vision Building, and the building on Prairie Oaks occupied by BioTech. Franzen noted the Planning Board approved a two-story 100,000 square foot building on this site in December. At its January 16, 2001 meeting, Council suggested staff should look at widening Topview Road, adding a sidewalk and other safety conditions. On February 20, 2001, CSM requested Council consideration of a one story, 75,000 square foot building. Council directed the Community Planning Board Minutes April 23,2001 Page 4 developer to return to the Community Planning Board for a public hearing on the new plan. The project will require a guide plan change from regional commercial and medium density residential to office. The guide plan change may be a better land use because of its proximity to residential. A waiver of office use from 50% to 85%is requested. A full access to Topview Road was initially presented to the Council. Council directed staff to reconsider access and safety. The City hired a firm for a traffic study. If there is no driveway access from Topview, it increases traffic on Valley View and reduces safety. The best solution is a balanced approach that maintains safety and efficiency of all roads. • Gray noted office use is a preferred use. There is a fair amount of morning and evening traffic that is the opposite direction of the residential traffic. The current traffic and expected traffic with full occupancy was compared; there is minor growth in total traffic volume. The study considered a right-in right-out. There is virtually no impact during a.m. traffic. Evening.exiting traffic on Topview northbound provides the growth. The character of southbound Topview road in the evening will be less than it currently is in the morning. Safety is a concern for neighbors and the City. There is no such thing as a totally safe roadway. This is not a uniquely steep road. Topview is a fairly short road; it is controlled by a three way stop at the north end. Speeds on Topview Road averaged 23 miles per hour. , Traffic, especially southbound, runs slower than on most roads of similar character. Drivers may make u-turns and will use the exiting capacity of the intersection. He described a typical traffic pattern at Home Depot and a problematic corner. An exit on Topview would create less of a safety problem than expecting drivers to go through the parking lot. The net result with moving ahead without a signalized intersection will create more congestion in westbound lanes during peak hours. The capacity is there. Valley View Road will grow; improvements should be made in the future. Nelson asked if the City had any rights to an easement if a service road along Valley View is needed. She asked whether that would be a possibility. Gray no public easement, agreement to provide a cross — access. There is not room for a frontage road without removing significant parking. There is not an impediment to doing a driveway connection access on Topview. Nelson said she would be concerned about u-turns on Valley View; there are a lot of young drivers on that, near high school, would be concerned about complicating it knowing there are several hundred 16 and 17 year old drivers Gray said drivers trying to go east on Valley View would make a u-turn without driveway access onto Topview. Community Planning Board Minutes April 23,2001 Page 5 Koenig asked for clarification on what is being proposed, whether it was a stop sign or yield. Gray said it is a stop condition for the driveway. Koenig said one of the concerns about the safety is that it is a curving winding road. Gray said that at the stop sign you can see Valley View Road. Koenig said in the winter icy conditions make the road difficult to navigate. Gray said one reason Topview goes slow it is the top of the hill looking down creates feeling of insecurity. There is no accident history on Topview road. There will not be a permanent signal between Topview and Prairie Center Drive. A signal on Valley View would create havoc with congestion and work against the neighborhood. The in-bound maneuver is not necessary. The roadway could be only out. That provides all of the enhancement needed from a safety perspective. Letting people come out, make the right turn, and use the signalized intersection for east bound would help. Stoelting asked for public comment. Greg Olson, 7373 Ann Court, said he uses the road regularly. It is hazardous and he drives slowly; the greatest issue is the curve, hill, and slope. The possibility of someone heading north and trying to go left in front of traffic coming down the hill would create a danger. The road is inadequately maintained during the winter. Traffic coming out may not get out fast enough and collisions could result. He is puzzled by the statement that the increase in usage would not be significant on Topview but would be significant on Valley View. He believes that people will attempt u-turns unless it is clearly marked. Traffic will want to go eastbound and the best access and interchange is Prairie Center Drive and Highway 5. If the intersection is signed clearly where traffic should flow to reach 5 and 494 it should help. The consultant's report said the access to Topview is less than optimal. Direct traffic to where interchanges that can handle the flow are located. Jim Duncan, Roberts Drive and Topview, said he has lived there for 25 years and there should be a sanding truck there from November through April. He said there have been many accidents as a result of the grade. There is not a problem with the building but there should be a service road taking traffic to major lights. It would be a mistake to put it onto Topview. A right-out would make sense, but a right-in would create more traffic on Roberts Drive. Katy Grandy of 7203 Topview Road, travels at least twice per day. She is in favor of the building but not the driveway. Residents would like to have the street remain residential. The bottom of the hill cannot be seen from the top. A service road would be one option. A light at PPT vision is another. She travels westbound I Community Planning Board Minutes April 23,2001 Page 6 and southbound in the morning; lights are metered for flow of traffic. Perhaps metering would be an option. Transferring developer funds to a signalized light is another option. If the only option is to put in a driveway access at Topview residents would prefer a right-out. Motion by Nelson, second by Koenig to close the public hearing. Motion carried 6-0. The public hearing closed at 8:06 p.m. Seymour asked whether Topview Road would be a painted median, an expansion to the turn lane as opposed to a cement median restricting traffic into the driveway. Gray said the volumes are low it would be painted to direct the approach, it is similar to coming out of Cub going to 212. It allows a right turn on red. Stoelting summarized issues as directing traffic more to highway 5, visibility concerns, construction of a service road, installation of a signalized intersection utilizing developer funds, and right-out only. Gray said right-out only would allow exiting on Topview. The right-in is not necessary. It would become a one-way exit from the parking lot. There is no northbound access into the site. It's not likely that people will go to Prairie Center Drive, go past Rainbow through a signal at Plaza Drive. 60% of the traffic will go to eastbound 494 if they want to go to 212, 169 and 494. Prairie Center Drive will be a congested area. People learn their way around. Directional signs are for unfamiliar.People will use the preferred way. Signalizing the area is not a reality. Valley View is a county road and not a city road. Traffic would not warrant a signal, even if the city would pay for it. The question is whether a serious hazard is created on Topview by a driveway access. There are 200 cars during peak hours in the morning. During evening peak hours, there are 65 coming down and 200 going up. It could work better than it currently does. The cars coming down drive slower than average. Slippery road conditions occur only 1/10 of 1% of the time. The road faces south and recovers from slippery conditions. Icy conditions will create slippery roads in every situation. Another question was a dedicated drive- aisle and that is not going to happen. Parking would have to be taken away. The riskiest maneuver is backing up and that is what happens in drive-aisles. Foote said the right-out is a good idea. It should be configured so no one could make a right in. Nelson asked about the possibility of straightening Topview Road. Gray said it could be done but would not result in much change operationally. The road is entered from a stop. The Topview/Valley View Road cannot be changed. /0 Community Planning Board Minutes April 23,2001 Page 7 Nelson said there was an alternate exit onto Baker Road for the neig ►borhood. Gray said if there was a history of less maintenance, it was probably correct. Intersections and driveways are sanded; there will likely be sanded more with a driveway access. Koenig asked Gray for clarification on the traffic study 2015 Valley View,Prairie Center Drive, entrances to 494, and extra lane on Topview. Do we rely on Hennepin County and timeline? Gray explained they operate well right now. Hennepin County would participate on a cost basis but he could not guarantee a timeline. There will be choices to be made on which improvements should be made first. Improvements will be required,but funding and timelines cannot be guaranteed. Koenig noted in the traffic study it states if improvements are not made on entrances to 494 by 2015, it is predicted to be very difficult. She questioned whether the City would have to work with the County. Gray said yes, on improvements in those areas. He addressed signals Hennepin County would never install a signal with that type of traffic volume even if the city would pay for it. Signal timing works to a certain traffic volume and then breaks down. Nelson stated the right-out only is a good solution. Her preference would be to leave it as a larger building and would like to approve it as such. If they could keep traffic onto Topview and not deal with inbound. She has no problem with the smaller building but doesn't think smaller is necessary. She agrees with the office use. Koenig appreciates the audience comments and concerns. She has driven the road many times. The best compromise is right-out only. She does not believe people will respect no U-turn signs. She supports the smaller building plan. Seymour said he likes the smaller building and the right-out only makes more sense. Sodt concurred that he appreciated concerns of the residents and right-out would address their safety concerns. There would not be significant additions to traffic. Motion by Nelson, second by Foote to approve Valley View Corporate Center by CSM Equities, L.L.C. Request for Comprehensive Guide Plan Change from Medium Density Residential to Office on 2.39 acres and from Regional Commercial to Office on 4.79 acres, Planned Unit Development Concept Review on 7.18 acres, Planned Unit Development District Review with waivers on 7.18 If Community Planning Board Minutes April 23, 2001 Page 8 acres, Zoning District Change from Rural to I-2 on 7.18 acres, Site Plan Review on 7.18 acres, and Preliminary Plat on 7.18 acres into 1 lot and road right of way according to the recommendations in staff report and with a one-way right out only. Motion carried 6-0. la STAFF REPORT TO: Community Planning Board FROM: Michael D.Franzen, City Planner DATE: April 20,2001 SUBJECT: Valley View Corporate Center APPLICANT: CSM Equities,L.L.C. OWNER: Menards LOCATION: Valley View Road,west of Topview Road REQUEST: 1. Comprehensive Guide Plan Change from Medium Density Residential to Office on 2.39 acres and from Regional Commercial to Office on 4.79 acres. 2. Planned Unit Development Concept Review on 7.18 acres. 3. Planned Unit Development District Review with waivers on 7.18 acres. 4. Zoning District Change from Rural to I-2,Industrial, on 7.18 acres. 5. Site Plan Review on 7.18 acres. 6. Preliminary Plat on 7.18 acres into 1 lot. 13 Staff Report—Valley View Corporate Center April 20,2001 BACKGROUND On December 12,2000,the Community Planning Board approved a two story 100,000 square foot building on this site. On January 16,2001,the City Council granted first reading of the project subject to researching the possibilities of a"right in-right out"only, or"right out only", access to Topview Road. The staff should look at the possibility of widening Topview Road, adding a sidewalk, and any other safety conditions. On February 20,2001,CSM Corporation appeared at the City Council,under Petitions and Requests, to ask if the Council would consider a one story,75,000 square foot building. The Council directed the developer to return to the Community Planning Board for a public hearing on the new plan. COMPREHENSIVE PLAN AMENDMENT This site is guided regional commercial on 4.79 acres and medium density residential on 2.39 acres. Surrounding land is guided medium density residential to the north,regional commercial to the east across 494,regional commercial to the south, and office to the west. The project will require a guide plan change from regional commercial and medium density residential to office. If the site were developed according to the guide plan a total of 24 multiple family units and 41,730 to 83,460 square feet of regional commercial uses are possible. Regional commercial uses can include hotel,restaurant, convenience gas, auto dealerships, office, and other general retail uses. Office can be a better land use next to residential for the following reasons. • Less daily and peak hour traffic. • Less evening and weekend traffic. • Lower light levels. • A smaller loading area. • Less truck traffic. SITE PLAN The site plan shows a one-story, 74,152 square foot building. The base area ratio is .25. The city code permits up to a.30 base area ratio. The floor area ratio is .25. The city code permits up to a .50 floor area ratio. I Staff Report—Valley View Corporate Center April 20,2001 The building meets the required setbacks from all property lines. Parking meets the required setbacks from all property lines. The amount of parking required is 329 spaces. This is based on a building use of 85%office,7.5% assembly, and 7.5%warehouse. The site plan shows 334 spaces. PLANNED UNIT DEVELOPMENT WAIVERS The Developer requests the following waiver from the City Code: • Office use from 50% to 85%. This request is similar to the building to the west. This building should contain a minimum of 75%office. An industrial use with numerous loading docks would not be appropriate next to residential. TOPVIEW ROAD DRIVEWAY CONNECTION The City Council directed staff to consider changes to the Topview Road driveway connection to enhance safety. The SRF Traffic Study analyzes the impact of a full access driveway to Topview Road and no driveway access to Topview Road. The study looks at traffic volumes and impacts on all roads and intersections in the immediate area, safety concerns,vehicle speeds, and site distance. The study recommends a balanced solution to traffic in the area so that all roads and intersections operate with efficiency and safety by changing the originally proposed full access to Topview Road to a"right in-right out"only. Eliminating access to Topview Road reduces safety on Valley View Road by increasing the number of lane changes and U-turns.Higher traffic volume,higher speed, and multiple traffic lanes magnify the negative impact to safety caused by cars changing lanes and making U-turns. These lane changes and U-turns occurring in the segment of Valley View Road between Topview Road and Prairie Center Drive will also negatively affect other property access to Valley View Road in the P.M.rush hour. This decrease in capacity of Valley View Road and traffic delays will increase the volume of traffic using Roberts Drive between Topview Road and Baker Road. LANDSCAPE PLAN The landscaping caliper inch requirement based on gross building size is 231 caliper inches. The plan provides 231 caliper inches. There are 13 significant trees totaling 253 caliper inches. A total of 89 inches will be lost due to site construction. Tree replacement is 39 inches. A 15 Staff Report—Valley View Corporate Center April 20,2001 ARCHITECTURE Since there is a waiver requested to allow more office use in the building, the architecture should meet the exterior material requirements for office zoning. The exterior materials meet the 75%brick and glass requirements for office zoning. A parapet wall around the building is required to screen rooftop mechanical equipment. UTILITIES AND DRAINAGE Storm water will be treated onsite to NURP standards. Utilities are available from Valley View Road. WETLANDS There is a.19 acre,low quality wetland along the west property line,which is part of a wetland area ' that was filled and mitigated on the site to the west. The required replacement is .38 acres.Part of the replacement is a Public Value Credit for the treatment pond and plantings, and part is offsite wetland creation. SIDEWALKS A five-foot concrete sidewalk will be constructed along Valley View Road. There should be an internal sidewalk connection to the building. LIGHTING The lights are 20 feet tall. The light fixture is shielded to reduce offsite glare. This is the lighting standard next to residential neighborhoods. CONCLUSION Since this project involves a guide plan change, the Board should first discuss whether the site should be used for commercial/housing or an office use. If the Board believes the site should remain • commercial/housing,then no further discussion is needed and the Board should recommend denial of the project. If the Board believes office is the preferred land use,then the Board should discuss the following questions: 1. Is there an adequate transition/buffer to the residential areas to the north? 2. What are the traffic impacts and how are they mitigated? 3. Is the use of the property better if the waiver is granted? /' Staff Report—Valley View Corporate Center April 20,2001 STAFF RECOMMENDATION Staff recommends approval of the following: • Guide Plan Amendment from Regional Commercial to Office on 4.79 acres and from Medium Density Residential to Office on 2.39 acres • Planned Unit Development Concept Review on 7.18 acres • Planned Unit Development District Review with waivers on 7.18 acres • Zoning District Change from Rural to I-2 on 7.18 acres • Site Plan Review on 7.18 acres • Preliminary Plat on 7.18 acres into 1 lot and road right of way This would be based on plans dated April 6, 2001,this staff report, and the following conditions: 1. Prior to grading permit issuance,the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. B. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. 2. Prior to building permit issuance, the proponent shall: A. Review the building plans with the Fire Marshal,including details regarding fire access to the site. B. Submit a landscaping bond surety. C. Submit a letter of credit in accordance with the TDM Plan. D. Pay the cash park fee. 3. The following waiver is granted as part of the PUD: • -Office use from 50% to 85%. 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I r _4 , � i :• • ,' 3 �lrit r !• Z ,' i •t ,� k '• P 14s --_ i _ f i l 1 - P 1. t tti :{ 1 �� r � 7 _ It I I /� ,t, .w r t -jj� • _ _ I! - • T.�- iy ° i i k ; ,-.'; }: xr: ` • ! t , F t t '-- •1 r rt It 3'1 4 t r I F ? `,i I 1.'.7 �~ s CONSULTING GROUP , Transportation•Civil•Structural•Environmental •Planning■Traffic■Landscape Architecture■Parking SRF No. 0003901 MEMORANDUM TO: Michael Franzen, City Planner • Randy Newton,P.E., City Traffic Engineer CITY OF EDEN PRAIRIE FROM: Marie Cote,P.E., Senior Associate Matthew Wey, Engineer DATE: March 29,2001 SUBJECT: TRAFFIC STUDY FOR THE PROPOSED VALLEY VIEW CORPORATE CENTER DEVELOPMENT LOCATED IN THE NORTHWEST QUADRANT OF TOPVIEW ROAD AND VALLEY VIEW ROAD IN THE CITY OF EDEN PRAIRIE Introduction As you requested, we have completed a traffic study for the proposed Valley View Corporate Center development located in the northwest quadrant of Valley View Road (CSAH 39) and Topview Road in the City of Eden Prairie (see Figure 1: Project Location). The purpose of this study is to determine the traffic impacts on the adjacent roadway system related to the future planned development in the study area and background traffic. This study includes a traffic operations analysis during the a.m and p.m. peak hours of the adjacent streets for existing and future build(one year after opening and 2015) conditions. Existing Conditions The proposed development is located in the northwest quadrant of Valley View Road and Topview Road/Plaza Drive, west of the I-494/Valley View Road interchange. ' Valley View Road, which borders the site to the south, is a four-lane divided highway that runs east-west and is classified as an"A"minor arterial by the Metropolitan Council. Valley View Road provides a connection from residential neighborhoods in the immediate area to I-494 and Trunk Highways 212 and 5. Prairie Center Drive, southwest of the site, is classified as a "B" minor arterial that serves as a ring road to access retail development located in the major center area of Eden Prairie. Topview Road is a local roadway that runs north-south providing access to Valley View Road from residential neighborhoods north of the site. The southern approach to the intersection of Topview Road/Valley View Road is Plaza Drive; a local roadway that serves as a ring road to access retail development east of Prairie Center Drive and south of Valley View Road. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 • Fax (763) 475-2429 ■ http://www.srfconsulting.com An Equal Opportunity Employer 11 —' , ',�o�' _ , f ff ¢� `-1 d lE1QG4.E cat Z ATE �y,ow 'Patel ro3+ ,p �Y , SANITARIUM 'vi a e 67 ® 3 e,uaewo� . 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Mt e ` 1 i fr CITY OF EDEN PRAIRIE FIGURE CONSULTING GROUP, INC. PROJECT LOCATION 1 NW QUADRANT OF TOP VIEW ROAD AND SRF NO.0003901 VALLEY VIEW ROAD TRAFFIC STUDY Michael Franzen .3- March 29,2001 Randy Newton Traffic operations for existing a.m. and p.m. peak hour conditions were analyzed at the . following key intersections: • Valley View Road and I-494 East Ramp • Valley View Road and full-access • Valley View Road and I-494 West Ramp • Valley View Road and Prairie Center • • Valley View Road and Topview Road/Plaza Drive Drive Current traffic controls include signalization at all key intersections, with the exception of the full-access driveway on Valley View Road that currently has side-street stop control. Existing a.m. and p.m. peak hour turning movement volumes were collected in August 2000 by SRF Consulting Group. Due to current roadway construction in the area (temporary closure of TH 5/Mitchell Road) an adjustment was made to the turning movement volumes at the intersection of Valley View Road/Prairie Center to reflect changes in travel patterns. The adjustment was made to eastbound right-turn and northbound left-turn movements because these movements were believed to be highly impacted by the roadway construction. The magnitude of this volume adjustment was based on an existing hourly roadway tube count on Prairie Center . Drive south of Valley View Road conducted prior to the roadway construction. The existing ' • traffic volumes at the key intersections are shown in Figure 2. A traffic operations analysis was conducted for the a.m. and p.m. peak hours of the adjacent street traffic at each of the key intersections to determine how traffic currently operates within the project area. Capacity analysis results identify a Level of Service(LOS),which indicates the quality of traffic flow through an intersection. Intersections are given a ranking from LOS A through LOS F. LOS A indicates the best traffic operation, with vehicles experiencing minimal delays. LOS F indicates an intersection where demand exceeds capacity, or a breakdown of traffic flow. LOS A through D is generally perceived to be acceptable by drivers. LOS E indicates that an intersection is operating at, or very near, its capacity and that vehicles experience substantial delays. All intersections were analyzed using.Synchro and SimTraffic to simulate and model the intersection operations. Results of the analysis shown in Table 1 indicate that during the a.m. and p.m. peak hours all key intersections currently operate at an overall acceptable level of service B or better with existing traffic controls and geometric layout. Table I Existing Capacity Analysis INTERSECTION LEVEL OF SERVICE A.M.Peak P.M.Peak Valley View Road and 1-494 East Ramp B A Valley View Road and 1-494 West Ramp B A Valley View Road and Topview Road/Plaza Drive B B Valley View Road and full-access* A/C A/D Valley View Road and Prairie Center Drive B B *Indicates an unsignalized intersection. The overall level of service is shown followed by the worst approach. . • K HOLLY RD. Q `. - _ si 2,U `" JAM=S 5z i m� d • PL. c"d O CD NI a� N t• Sgpp gt. t-453(389) I 43 (18) a KERR/ C 4--268(1025) p .I Q., �' Y ♦—448(1025) E �LuA. 0 O ' (6) 25 �+ r J� m cp��� (246) 388 G�0 r �"�O (595)1186—� (573)1008—► J 4' 0 o 8E R it � ROBEt�I S . • OR. az R��y �' 34 3 La i‘i 44 "sat�� c a WA •EL d w0 r- 4.111!-OWU ler- Z �a pR. It• woo �p i- ta m y0� w / i o SCOTT , FAIli7,..):)\-y,_ � \ �.� `ice� W a'U USMP/49* \''')- s 5, 1 u./ te o 0 49 �/ O 0 /� 0- �` La Sme i • R. pit CE S ANAGw' ---41‘.dilhi / %'' DJ O U 5 5 y rah T. / r %Idle I i LEONA Rp, ONE OAK • M F i� I{' W(n N e RD. � a> o t-9 (24) S S z . ST. �, v el) 0 A—321(824) �--� 'Q = W. o '78th 123(226) O)5\O-ETREE : �� �II City _0 ; d Hall (28) —fl t ( - DE RAIRIE B •�� ITS. RD.a (342)749—� a) a, a, 1990 POP. s,311 76 (542)490 N 4,04,8 \*I T.1 Cittp TRRATMI OND ` v COfr \NC'eV if "/4 1 LFAPi YA G" S LA. CHESTNUT 04. ZIs ® 4tti `97'LEM RO<thve ,\`�' �i SORREL WAY % m o t AOG��<! y�`a6 ��� T P�'a �•1` RO. ? • ..�� N w 9 (199) 'yj� L F MEDCOfy� SHA NO CT. �i 111.0 110. R/cam = TOWERS,,°4G N LA �° ° f-438(966) '1'y • Z!�[ BLS p fp\ CARRA� $� NYL 9/Vp C LA. O� 1 93 (116) Ak v N Si . E Woo, ao4/jy 2 CARMOD\%I- DR. 4 1 3 N • \DR. WESTRIDGE d a (59) 12 PORCUPINE v v CT. a `1\G TON g i (476)476—► r., `0 rn ��'LFOor pq4 IN (' `^^ CUMBERAND 3 O, (65) 51 v v ' I �K C 4'`�l�o t' Y 4-268(1025)cc. ? O.QP, d ,IJ \ (585)1103—► Tcf.,.. 0 p <u CKB p`v ( 47 `, g ORiy ANDERSON 0NW00. ANDERSON % La ,V.OR. h0OD°R 'N cr. CT.�y • LEGEND ¢^rya i' yo�� SQJQ" > . XX =A.M. PEAK P <o' COCK G,N. �s � 4 D. (XX)=P.M. PEAK ' ,�D` . R m I . 73 w DARNEL WATERFORD 0 RD. 4> =TRAFFIC SIGNAL .0144 � �2 PRESERVE BLVD. kne. =SIDE-STREET STOP 4 1 Sea,��®`��� n CI' �,� CITY OF EDEN PRAIRIE FIGURE [�����CONSULTING GROUP, INc. EXISTING PEAK HOUR TRAFFIC VOLUMES 2 NW QUADRANT OF TOPVIEW ROAD AND - SRF NO.0003901 VALLEY VIEW ROAD TRAFFIC STUDY Michael Franzen -5- March 29,2001 Randy Newton • Proposed Development and Site Access The proposed site located in the northwest quadrant of Topview Road and Valley View Road is 7.18 acres and is currently zoned for a mix of commercial and residential uses. A one-story (74,152 square-foot) office and manufacturing/warehousing development is proposed on this site (see Figure 3: Proposed Site Plan). For comparison purposes, trip generation estimates were developed for the zoned (commercial/residential) and proposed (office and manufacturing/warehousing)uses based on the following assumptions: Current Zoning: ■ The proposed site is currently zoned as a C-Reg Regional Commercial District. This, designation is primarily used for a major shopping center that is intended to serve a wider region than the City itself. The commercial and residential developments assumed for this site are: a 4.79-acre one-story commercial development with a maximum floor area ratio of 0.2; and 2.39 acres of medium density (10 dwelling units per acre) residential development. Proposed Zoning: ■ A one-story (74,152 square-feet) development consisting of 85 percent (63,029 square-feet) office and 15 percent(11,123 square-feet)manufacturing/warehousing land uses. Trips were estimated for both existing and proposed land use zoning for this site. The difference between proposed and zoned land use is shown in Table 2. Trip estimates were calculated for the a.m. and p.m. peak hours and for a typical weekday based on information obtained from the 1997 ITE Trip Generation Reports. Table 2 Trip Generation Estimates LAND USE SIZE DAILY A.M.PEAK HOUR P.M.PEAK HOUR TYPE (Sq.Ft.) Average Total Average Trips Trips Average Trips Trips Rate Trips Rate In Out Rate In Out Existing Commercial 41,730 42.92 1,791 1.03 26 17 3.74 75 81- Residential 24 units 5.86 141 0.44 2 9 0.54 9 4 Total 1,932 28 26 84 85 Proposed Office 63,029 (1) 931 (2) 114 15 (3) 25 125 Manufacturing 11,123 3.82 42 0.73 6 2 0.74 3 5 Total 74,152 973 120 17 28 130 Difference -959 92 -9 -56 45 (') Trips were estimated using the fitted curve equation:LN(T)=0.768 LN(X)+3.654 (2) Trips were estimated using the fitted curve equation:LN(T)=0.797 LN(X)+1.558 (3) Trips were estimated using the fitted curve equation: T=1.121(X)+79.295 a3 . 1 1 1 i S4 s r. ,-,Lc en W ¢ : � ta � "IWQ� ar ntt c d _ - S. V' 0. Q> W zz al ;Plm I = “ E 1 z : w U a 1 6 F a E g • • ( ` ca `' --- I I er,. Cl) \,,.� U- 0 r \ \� , \, y A.g' R I \\ • \ \ \ z — \ 1, \, i V,ff l m a W 1 _ , Ob , J v, `,� \ > • \;i: ` O I %:,IP \ CL Ill 1 — --1 . . \ 20 I z ,\ \ \\‘‘\ , u_ ,l`I I I ,I 1 �I 1 lid LiuLI III _. _ �� \- IfJfr1+F13'/ Q i. )l�(i 1(Ili lllllillllll CC 'I'r=_ 01-1-1-1-R t --- \ r..; z r x 14. fiTU IX 1 a N 0 a \ /ns u'z o 0 0 • U o ,.. °z \./ 2 y Michael Franzen -7- March 29,2001 Randy Newton • Two access driveways on Valley View Road are proposed for the site: an existing full-access driveway located approximately 550 feet east of Prairie Center Drive and a right-in/right-out driveway to be constructed as part of the office and manufacturing/warehousing development. Due to the relatively close spacing on Valley View Road between Prairie Center Drive and Topview Road/Plaza Center Drive intersections, there is concern that any additional full-access locations, other than the existing full-access, would potentially degrade traffic operations along Valley View Road. As a result, a full-access driveway on Topview Road is proposed to minimize traffic impacts on Valley View Road. The existing full-access driveway on Valley View Road(west of the site) currently serves traffic to/from an existing office development and Home Depot located immediately west of the site. The full-access driveway onValley View'Road is side-street stop-controlled; the number of gaps available for side-street traffic to enter the major roadway traffic stream on Valley View Road will govern the operation of this intersection. Due to the distance between the proposed development and the full-access driveway on Valley View Road, a lack of direct connection between the existing office and proposed site parking lots and inherent deficiencies of side-street stop-control, traffic traveling eastbound on Valley View Road(to enter the site) will use the full- access driveway on Topview Road. As a result, the Topview Road full-access driveway will serve as the primary driveway for eastbound traffic on Valley View Road having origin west of the site. Traffic Forecasts Traffic forecasts were developed for full-build office and manufacturing/warehousing development conditions and the surrounding Valley View Road and Topview Road/Plaza Drive area for the years 2002 (one year after opening) and 2015. Background traffic for year 2002 was calculated using a three-percent yearly growth rate, which was developed based on comparing existing growth trends within the project area. For the year 2015, forecast background traffic volumes were estimated from the City of Eden Prairie's Transportation Plan (1997). The Transportation Plan identified future average daily traffic volumes (ADTs) for the adjacent roadways within the vicinity of the site. - Typical weekday trip generation average rates obtained from the 1997 ITE Trip Generation Reports were used to estimate the number of daily trips generated by the currently zoned commercial land use. These daily trips were then subtracted from the ADTs found in the Transportation Plan to obtain new estimates of daily traffic volume on Valley View Road and Prairie Center Drive for year 2015. A growth rate of three percent was obtained by comparing existing daily volumes with these newly developed daily roadway volumes (reflecting the removal of the previously zoned commercial development). The trip generation estimates for the office and manufacturing/warehousing development shown in Table 2 were assigned to the adjacent roadways using the directional distribution shown in Figure 4. This distribution for the proposed site-generated trips was developed based on the regional distribution of households and employment, as well as existing travel patterns in the study area. The percentage of trips having origin/destination to and from TH 5 increases from 15 to 20 percent by year 2015 due to the addition of the TH 212 extension. The combination of background traffic and trips generated by the proposed development in the years 2002 and 2015 during the a.m. and p.m. peak hours are shown in Figures 5 and 6, respectively. as • ' ,-A,f ^`sr \V Jam,, /p\LAIC +fie eREr+ �� 4 �+ rq li ERE, Its ,. Z FATE �,C+a � $ V �'ry �o � � 2 �Ali �/ -t °im'}"- l P�wc�snNrrawuM d ''"�`O � 1 2 GFL,iE1W� �e�� is' ,oc . 0 \ 1:3\, ------E---------.14 --1 -ke"---- - ,' ''- *. e-i g(4 kW i& cip/ . "1st ,_,,,,„.-- ---,ipir... ...1.; • s .' u90. vc../ \ a d Lrarowh44%1 V ,,, J V • � i: c .1 , ' ,p tPACII E RD. L.C et . WEST TR sglok IL pipr sT raur RD. NI' wuI.ra�RD. a"u°. RD. °' e '�►�� III i I 4.C9'"44 , 17 PANnt vx can sr. ,. 'F` „et`` . az l $ N Bryant Z t� ` �• a�, soma: °R"C p.. + �2 Lake ff 115% w�onec 11 ,05,P �yo d . , g. EarxeL a.u,, lik w � D: i ; �J, GIs ii/ i ,1! -.,, i \� �� /� do sz Q at 7°. ,j „4,,iav 1 ,,E,y___ li ' IN ® kQ • . , / 5% . ,pll) smefan.. • '""�u ,!t y4 „0. --�_1 Al Nine \;"11‘-,:-'1,00 vitiog *---- 411)---.)‘. %-i*"./..462 lb Lik, 0 C) [20%]LONE: �o Tee(1 _ —�% — TECNOlO6Y o CMffALO NA City EDE PRAIRIE �� :' �t , F,� �' OHM. RD. • 1990 POP.39,311 ° �°' 0 RAVNow AN 1 15% se, y°'41 N ` gam° Q 1 IL , :0....,..._ 14,N, t.),..\'''',/ ----*-61. 6 Pig£" u S B ,y Q� ," Ow, °`PnAmEm II cwa.4.,,,.. ,m, '�a�a�� 1 e AndMt. erso� woo,e ,W - d.Iy ea* � r < 4 44 Q6 7 L80.04 Lake30 .Y of xEata ,•' ° Poaa�rox E �- e,. °R tEe . He.tuxes cr. ,�s .TON to, IL „r n,@ `S $ ,17/ [3• ;QR. % C3 a py�'�v �, '.�AV/ �,} �y®gyp: •po Cf• YEA k ,, �� '�" 4� Q 1 k , d. '■tit i' r -'F �'�. .. oLPMERE g.CIR. tt. — '71,, ../i ",, Al 6]. Illife 0 ,vs '41,1e.9 ^'qxp PRESERVEMile k 1-t d P 1 u • T -St Ail C:tarin• PRINCETON. Apt g d %N RD. VA Lake i trrt� • -- EAL LEGEND HENN.CO` % ari p0K'' �,vE VOCATIONAL e mar ar`El 4' a er. p XX =Year 2002 ,„.NEKCxNowRD. ,m. 4 i? > i 1 [XX] =Year 2015 �' %Slat or yi J C3' �-`ryr4pA 4t `fir nwoE+d• 1 , ik (tea CITY OF EDEN PRAIRIE FIGURE CONSULTING GROUP, INC. DIRECTIONAL DISTRIBUTION • 4 NW QUADRANT OF TOP VIEW ROAD AND SRF NO.0003901 VALLEY VIEW ROAD TRAFFIC STUDY K HOLLY RD. \\\/O\ Si '19- /C'� I- f 52. c &_30 (10) S D o Ax _ ♦—520(1105) C2 { ` o' No 480(415) v� 50 (20) is (650)1120--O. F-320(1095) o .. �—485(1150) z (285) 415 clip4\4` (10) 40 Iit'91' A, c (670)1265--it.(615)1110 --10. 0 t A-iitik zi Ilz.._ 41141/ 3 LA ' �� o a vrAW� V WlW000 z g � g vR [1 S = a m m 0 IN e, a / § m SCOTT �� i,\.-.. PAIR i, , 41 w ie 9p !� ii -i---:r O,Q �• \ Y m -jSTOP 39 v- _STOP o '''C'..N) ,,,, ,,/,-,i-.4 0 , 11•. ) La i Sme % Ft. OR zB j 1 pNpG''� . 5 DR.�I 5 78th W 44 _f G ":e La -c. tai LEONA D. 5 1 �� Idle ilpia. ONE OAK v o No 10 (25) iL'F,y, a9 RD. �, o 0 0 4—340(880) ' �. R W. o lath 4j 1 140(300) i'SINGI. �� �II City DE i\ �r Imo} �,i �'.� o' Hall —� t �t i d ''. i� e �l o 4116.1 (30) 20 1990 POP, �,311 ��s �� 'ITS. RD. (365)800—► co o a 40 1 ,(575)520� irn N R \77 SEr . k n RAYMOND C O Ga�g te � Klq�' p9CK TRAIL Y c s\O IA. �� 'SING 3� O z® c Al'e 9`s7LEM\ /0/3/4//ps pz4 \y5 CHESTNUT ce.qq�� 'Q �i NG �` r 13' M SORREL WAY s co w �40 (220) �G�o Q� MEDOOM� SHANNO p� 111•0 110.HYL ,�� p <n 0 0 1-495(1030) 'Y g r- 111 ____,(SA '+� g d '91V0 TOWI�ERSk QGAN `pQ 1 100 025) "A< G. LVn. O N . E WOO. 5 CARMODY Y12 DR. <ft I FF Rp 1 v v lR. >. �� t PORCUPINE w cn e \DR WESTRIDGE v� (70) 50 I 015 CT. a^ • I CT. a = `NG TON 5( (505)945--� N - Wo ppr O 1 ' "' pR• (70) 55 rn a ao ' �4 .J �4--320(1095) ,8 , CI lb,t4 ot T r.,, �` off. .�� �y CO" %F.- (685)1180—► a047 a �ORV ANDERSON 00'00. , JANDERSON 0' '• ¢i CT. CT. h LEGEND ¢ a" p p� e- XX =A.M. PEAK e COCK s 0-• 6Sdi "� POO=P.M. PEAK P ky * al I Q D =TRAFFIC SIGNAL NCO WATERFORDORD. ti T3� W DARNEL PRESERVE BLW. �4 V CD =SIDE-STREET STOP g �y'P�o 1 \l". --- cl CITY OF EDEN PRAIRIE FIGURE VI CONSULTING GROUP, INC. 2002 BUILD PEAK HOUR TRAFFIC VOLUMES 5 • NW QUADRANT OF TOPVIEW ROAD AND SRF NO.0003901 VALLEY VIEW ROAD TRAFFIC STUDY . , C HOLLY RD. _ --' ,Zr s o AI30 (10) 0 0 790(1690) le 730(630) Q o No f• A, 50 (20) (990)1690 —► 470(1660) o Q, J 4 f—730(1710) (420) 630 10 40 1-'14 '0 � (1000)1920—� , . . O Oag DR _ � PO � � a \ Fizz 494 ,�"' / �Q���' ►W LA lk. � illti 1 ce � ° ram � o� a / C SCOTT it PAID 111 .111111 6 4 \ \1\, w K39 �`'� �Y m sroP'sroa o 0 4.4 i o l/it,w ° o�%E I ANA , -""Ik /yDR.�1 �0y ll 5 M ��`I// 78th T. 4, _�a==''�� =G�\�"%P� �-a �`ii iA: ;1vc v �� RD. O ST. 0 0 0 —520(1340) �' W. n 781h 4j 1 I r.210(420) Oet S�NG�`14, ; Ci lIICity y �'. , r /1 `fi _ 'f' a Hall (30) 20 ( �1 I .' ° TS. RD. ' (550)1220� w o N 1990 POP a,311 r6• )7, (880) 790 0 o M/Dp�s 4111) . ao ao.2 R Ti. F/- o v o o ��5� 'QO, a 1a,9h. • RAYMON i • �1\t�OQA •� AT Rim ��ING TRAIL O z® • As'i• .4'rLEM` R04,, �0yy r CHESTNUT R w w .t•��+ DR 6 �0,`�(-�"_�w4b• c' fa�S • o 0 0 O F!- �� 4P SORREL WAY S' w 50 (330) G�9i 'Y ��� MFDCpM , SHANNOTA eke 111.0 11HYL F/�0 w o a a a —740(1570) 4' as Ewa O \►- CARRA "� ga '4WD x TOWERS PLAN LA• I to LA. 4,�� Y c 150(190) < 'a,- E 11'OO, �O'P7jy 2 CARMODY OF ��01 FF Rp 1 v o ill. > 'lfgo, t PORCUPINE Y A V 3 T DR. WESTRIDGE (110) 60� I rio. p o c Q CT �� �G 70N (770)1440—► o o w cLFOOI Oq�. CUMBERLq�p� �' " \OR• (110) 804. v v CT wQ f-470(1660) t P, r ^ x ,, rt.:, �� ti kr /,.� a g O ANDERSON CO�pNW00. )ANDERSON 0' r .. 6 J4- �� LEGEND CI; CT cr. " VJ� o g XX =A.M. PEAK �����. ��COCK 5QG �. � I QQ4 - (XX)= P.M. PEAK I gyp/ D ()� =TRAFFIC SIGNAL �d r3,�R 0 DARNEL PRESERVE WBLVD ORD RD. �� , iN =SIDE-STREET STOP d�NIt•'S�� o CI l/1/ Illl ... � � °0 z - 4r CITY OF EDEN PRAIRIE FIGURE WR CONSULTING GROUP, INC. 2015 BUILD PEAK HOUR TRAFFIC VOLUMES 6 NW QUADRANT OF TOPVIEW ROAD AND SRF NO.0003901 VALLEY VIEW ROAD TRAFFIC STUDY Michael Frap7en -11-_ _ March 29, 2001 Randy Newton Future Traffic Operations Analysis To determine how well the existing roadway system will accommodate the proposed office and manufacturing/warehousing development, a traffic operations analysis was conducted for the a.m. and p.m. peak hours for year 2002 (anticipated one year after opening) and year 2015 for the key intersections previously listed. The intersections of Valley View Road/proposed right- in/right-out access and Topview Road/proposed full-access were added to the future operations analysis. Year 2002 Analysis Table 3 2002'Capacity Analysis — Full Build LEVEL OF SERVICE INTERSECTION A.M.Peak P.M.Peak Valley View Road and I-494 East Ramp B A Valley View Road and I-494 West Ramp B A Valley View Road and Topview Road/Plaza Drive B B Topview Road and proposed full-access* A/B A/A Valley View Road and proposed right-in/right-out access* A/A A/A • Valley View Road and full-access* A/C A/D Valley View Road and Prairie Center Drive B • C * Indicates an unsignalized intersection. The overall level of service is shown followed by the worst approach The results of the analysis shown in Table 3 indicate that during the a.m. and p.m. peak hours all key intersections are expected to operate at an overall LOS C or better for year 2002 conditions, with existing traffic control and geometric layout. Although the north approach of the intersection of Valley View Road and the full-access driveway operates at LOS D for the p.m. peak period, the overall operation of the intersection is at an acceptable LOS A. The traffic operations at an unsignalized intersection with side-street stop-control can be described in two ways. First, consideration is given to the overall intersection level of service. This takes into account the total entering traffic volume into the intersection and the capability of the intersection to support these volumes. Second, it is also important to consider the level of service on the side-street approach. Since the mainline does not have to stop at an unsignalized intersection that has side-street stop-control, the majority of intersection delay can be attributed to the side-street approaches. It is typical of intersections with high mainline traffic volumes to experience high levels of delay (poor level of service) on the side-street approaches, but an acceptable overall intersection level of service during peak hour periods. The poor side-street level of service can be attributed to a reduction in the number of available gaps in the Valley View Road traffic stream caused by westbound vehicles slowing down for the downstream signal at Prairie Center Drive. These prevailing traffic conditions, along with the presence of eastbound left-turning vehicles,further increase the delay for the side- street approach. ac/ I Michael Franzen -12- March 29,2001 Randy Newton In addition, it must be noted that although the capacity results indicate that the intersection of Topview Road/proposed full-access driveway operates at an acceptable LOS A, there are additional operational and safety issues (i.e., site distance, speeds, and grades) that need to be considered. These issues are subsequently addressed in this memorandum. Year 2015 Analysis Table 4 2015 Capacity Analysis — Full Build LEVEL OF SERVICE(') INTERSECTION A.M.Peak P.M.Peak Valley View Road and I-494 East Ramp B B Valley View Road and I-494 West Ramp(2) F [C] B [B] Valley View Road and Topview Road/Plaza Drive C C Topview Road and proposed full-access* A/D A/A Valley View Road and proposed right-in/right-out access* A/A A/C Valley View Road and full-access* A/C F/F[A/Fr) Valley View Road and Prairie Center Drive E [C] F [C] * Indicates an unsignalized intersection. The overall level of service is shown followed by the worst approach. (1) Level of service with existing geometries followed by level of service with recommended improvements in brackets. (2) An additional southbound left-turn lane is recommended to improve overall intersection operations from LOS F to LOS C. (3) Improvement in LOS due to a reduction in spillback from improvements at the Valley View Road/Prairie Center Drive intersection. (4) The overall operation of this intersection would improve to an acceptable level of service if an additional westbound left-turn lane is added,northbound dual left-turn lanes are lengthened from 200 to at least 350 feet, and the eastbound right-turn lane is lengthened from 150 feet to at least 300 feet. The results of the analysis shown in Table 4 indicate that during the a.m. peak hour, the intersections of Valley View Road/I-494 West Ramp and Valley View Road/Prairie Center Drive are expected to operate at unacceptable levels of service in the year 2015 with existing traffic control and geometries. Likewise, during the p.m. peak hour the intersections of Valley View Road/Prairie Center Drive and Valley View Road/full-access are expected to operate poorly. Based on the analysis results, the following improvements are recommended, for all key intersections to operate at acceptable levels of service under full-build year 2015 conditions: Valley View Road and I-494 West Ramp: ■ An additional southbound left-turn lane would be needed to accommodate forecast traffic volumes. J 11 MichaelFran7en -13- March 29,2001 Randy Newton • Valley View Road and Prairie Center Drive: ■ Due to the high volume of northbound left-turning vehicles, it is recommended that the existing northbound dual left-turn lane storage bays of approximately 200 feet be extended to at least 350 feet. This will to reduce the potential of vehicle spillback and the effects of excessive vehicle queues. • • An additional westbound left-turn lane to provide dual left-turn lanes is needed for additional capacity and to reduce the spillback of vehicles into the upstream intersection of Valley View Road/full-access. • The eastbound right-turn lane storage bay at the intersection of Valley View Road/Prairie Drive should be lengthened from the existing storage length of 150 feet to at least 300 feet. This improvement would allow right-turning vehicles to enter the right-turn lane bay without being blocked by eastbound queued through vehicles. As shown in Table 4, the intersection of Valley View Road/full-access is expected to operate at an acceptable overall level of service A under year 2015 conditions (with recommended intersection improvements). Similar to year 2002, the side-street approach will continue to experience high levels of delay during the peak periods. Future 2015 traffic forecasts identify 40 southbound left-turn vehicles during the p.m. peak hour. Based on this left-turn volume, the close spacing between the full-access driveway and Prairie Center Drive along Valley View Road and the acceptable overall level of service expected for year 2015 conditions, a traffic signal is not recommended at this intersection. • In addition to the above-mentioned improvements, the following suggestions are provided for your consideration. These suggested year 2015 improvements are not required to obtain acceptable levels of service,but would improve operations at key intersections. • Due to the high volume of left-turning vehicles, additional turn lane storage is suggested for the eastbound left-turn movement at Valley View Road and I-494 East Ramp. Dual left-turn lanes may require widening the bridge; however, the existing left-turn lane could be extended back through the upstream intersection to provide a full lane for storage. ■ Based on the year 2015 forecast volume of 320 vehicles, a westbound right-turn lane is suggested at the intersection of Valley View Road/Topview Road/Plaza Drive to reduce delay and improve the operations and safety of the east approach. • An overlapping eastbound right-turn phase with the northbound left-turn movement is suggested at the intersection of Valley View Road/Prairie Center Drive to reduce vehicle queuing and improve overall operations of this intersection. I / Michael Franzen -14- - _ March 29,2001 Randy Newton • Shown in Table 5 are existing and recommended future year 2015 approach geometries for the key intersections. Table 5 Existing and Recommended Future (2015) Intersection Approach Geometricso NORTH EAST SOUTH WEST INTERSECTION L TRL TRL T R L T R Valley View Rd.and I-494 East Ramp -- Valley View Rd.and I-494 West Ramp 1[2] -- 1 -- 2 -- -- -- -- -- 2 -- Valley View Rd.and Topview Road > 1 < 1 2 1 1 1 < 1 2 <<2) Valley View Rd.and right-in/right-out access -- -- 1 -- 2 1 -- -- -- -- 2 -- Valley View Rd.and full-access driveway 1 -- 1 1 2 1 -- -- -- 1 2 -- Valley View Rd.and Prairie Center Drive 2 2 < 1[2] 2 1 2 1 1 1 2 1 <Indicates a turn lane shared by a through movement. (1)All approach geometries shown are existing;otherwise,recommended geometries are shown in brackets. (2)An exclusive westbound right-turn lane is suggested for this intersection. Safety Concerns A full-access driveway on Topview Road has been proposed to minimize traffic impacts from the proposed development on the existing full-access driveway on Valley View Road. The Topview Road/proposed full-access intersection is well supported by the reserve capacity of the Valley View Road/Topview Road intersection in year 2015. However, there is a safety concern with the location of the Topview Road full-access driveway as relates to issues of steep grade and limited sight distance. For year 2015 conditions,the primary safety concern of the proposed full-access driveway occurs during the a.m. peak hour when the northbound left-turn traffic (70 vehicles per hour) entering the site from Topview Road must find gaps in a heavy volume of southbound traffic (330 vehicles per hour). Based on the operations analysis for the Valley View Road/Topview Road intersection, vehicles queued at the traffic signal may block northbound left-turn traffic from entering the full access driveway. A motorist making the northbound left- turn movement into the site would need to be aware of the southbound queue extending back past the driveway, as well as focus their attention to finding an acceptable gap in opposing traffic. The following sections discuss the safety implications and operational issues related to the proposed full-access driveway on Topview Road. In addition, an alternative site access design is provided for consideration. Vehicle Speeds To assess a level of safety at the proposed Topview Road full-access driveway, vehicle speeds on Topview Road were estimated. A spot speed study was conducted to determine an average vehicle speed on Topview Road at the future location of the proposed full-access driveway. Michael Franzen -15- March 29,2001 Randy Newton Results of the speed study indicate that the average speed on Topview Road between Valley View Road and Roberts Drive is approximately 20 miles per hour. The speeds on Topview Road are constrained by two primary factors—the shortness in length of roadway between Valley View Road and Roberts Drive, and the type of traffic control at the adjacent intersections. Since the distance between Roberts Drive and Valley View Road is only 380 feet and a traffic signal is located at the Valley View Road intersection, motorists do not have the opportunity to accelerate to speeds greater than 20 miles per hour, knowing that they must stop for the traffic signal located at the base of the vertical grade. An advanced warning sign located immediately south of Roberts Drive notifies drivers of the upcoming traffic signal. A motorist traveling southbound on Topview Road must accelerate from a stopped position at the top of the vertical grade (due to all-way stop-control) and are required to stop again for the traffic signal at Valley View Road. The signal at Valley View Road is operated in a manner such that the side-street (Topview Road) only receives a green signal indication when vehicles are present at the intersection stop bar. There are infrequent, to no instances during a given signal cycle where vehicles exiting Roberts Drive are able to also clear the Valley View intersection in the same cycle. Likewise, a steep grade for traffic traveling northbound on Topview Road also limits speeds on Topview Road in the section of roadway between Valley View Road and Roberts Drive. Site Distance • • A review of available site distance was completed to determine whether there would be enough • time to see opposing traffic while performing turning movements in and out of the full-access driveway on Topview Road. Due to a sharp horizontal curve and steep vertical grade, the site distance for motorists traveling on Topview Road between Valley View Road is limited by these prevailing conditions. A greater concern for safety involves the northbound left-turn movement into the access driveway. Based.on current roadway design standards, a desirable decision- reaction time of 10 seconds (minimum of 7 seconds) is required to provide adequate sight• distance. With speeds of 20 miles per hour, this equates to a minimum of 205 feet of sight distance (7 seconds) needed to perceive an oncoming vehicle and negotiate the turning maneuver. It is more desirable to provide 290 feet of sight distance (10 seconds) for typical driving conditions. It has been determined from a field review that a northbound vehicle can see the eastbound stop sign at Roberts Drive from the future location of the Topview Road full-access driveway. It was determined that a northbound left-turn vehicle would have 215 feet of site distance to perform the turning maneuver. The available sight distance is only slightly higher than the minimum requirement. In addition, the steep grade (approximately eight percent) on Topview Road will tend to promote driver hesitancy. Therefore, it is recommended that the northbound left-turn movement into the full-access driveway on Topview Road be eliminated due to current field conditions and limited sight distance at the full-access location. Additional analysis was then completed to determine available sight distance for vehicles leaving the full-access driveway on Topview Road. A lesser sight distance problem may become apparent for eastbound left-turn vehicles exiting the Topview Road access driveway. A Michael Franzen _ _ -16- March 29,2001 Randy Newton motorist's line of sight,which is focused on northbound traffic,may become partially obstructed by southbound vehicles queued at the Valley View Road/Topview Road intersection. An access driveway that is conducive to right-in/right-out movements is not affected by the horizontal curve site distance limitation. Vehicles traveling southbound on Topview Road, as well as vehicles making a right-turn movement out of the proposed access driveway, will be able to adequately see opposing traffic. ' Site Access Alternative Based on the speed and sight distance analyses, an alternative access design is proposed to improve overall operations (safety and efficiency) in the study area. It is recommended that the proposed full-access driveway on Topview Road be modified to right-in/right-out only. This change in access would require the relocation of northbound left-turn movements into and eastbound left-turn movements out of the site. The northbound left-turn movement into the site is a combination of westbound Valley View motorists making a right-turn and eastbound Valley View Road motorists making a left-turn at Topview Road. With the change in access, the westbound motorists will be relocated to the right-in/right-out access driveway along Valley View Road. The eastbound motorists will be relocated to the full-access driveway on Valley View Road. The eastbound left-turn movement out of the site is expected to be negligible. A capacity analysis was performed for the alternative access design to document the traffic operations of the intersections that are most affected by the modification of the Topview Road full-access driveway: Valley View Road/full-access,Valley View Road/right-in/right-out access and Valley View Road/Topview Road. The analysis of the site access alternative was conducted only for year 2015 traffic conditions to represent a worse case scenario. Results of the capacity analysis for the alternative access design are shown in Table 6. The year 2015 build volumes for the alternative access is shown in Figure 7. Table 6 • 2015 Capacity Analysis of Site Access Alternative) INTERSECTION LEVEL OF SERVICE A.M. P.M. • Valley View Road and full-access* A/E A/F Valley View Road and right-in/right-out* A/A A/C Valley View Road and Topview Road C C Topview Road and right-in/right-out access* A/A A/A *Indicates an unsignalized intersection.The overall level of service is shown followed by the worst approach. (I) The analysis includes previously recommended improvements at the intersections of Valley View Road/Prairie Center Drive and Valley View Road/I-494 West Ramp. 3y s f = .. • 0 0 I CC 0 w �' - 5 w 0) -J >' -J> w D CO 0 0 ��� 0) W o r- uu 120 (130) 0 V N ti �- 0< j 1 Lo. <— 20 (60) p V <—60(490) f— 40 (90) cx G W (01-�) OZE—> 5 CO Et Z >. (Obb) OEZ 1tr _ ¢ 0 0 (0) 0�—�,. (OE) 09 0 0 o E J W Q H (OE) 09 -� N ,d' co = v) o W2 > >. ccU (000 (3000 UJ �-- LL wo ¢ > ao z 'CL Lugo 0I- Hi 0 cc o w Ce Q W.0 0� "E0 ..-.0) tip 0I0 Co Yr > I-0 0 (.0N. U a 0 >- E2 < J / AVM9AI Ia SS399V r in nt. 1110-1HOPJ/NI-1HOI2I (OD0 6 N O1 z Q c M 0 o 0) = of o C 2 o O (Y) z 0 h 0 H J 1 (i, AYM3AIi:Wa SS333b'-rind • (Oti) oz --+ 41 t co co z ..0 a N 0 a 0 Q ° O z F a o W y O z >- 0 o LU U o ,11 . J °z Fr 5 35 r i Michael Franzen . -18- March 29,2001 Randy Newton Based on the capacity analysis of the alternative access design, all key intersections analyzed are expected to operate at acceptable levels of service under year 2015 full build conditions. This level of operations includes the recommended improvements for the Valley View Road/I-494 West Ramp and Valley View Road/Prairie Center Drive intersections previously • identified. In addition, the following suggested improvements are provided for your consideration: ■ Although the intersection of Valley View Road and Topview Road is expected to operate at an acceptable level of service, it is recommended that an exclusive southbound left-turn lane be provided. This improvement is not necessary to improve the overall intersection level of service,but rather to reduce vehicle queuing and spillback from interfering with the upstream access driveway on Topview Road. By providing an exclusive southbound left-turn lane,the northbound and southbound left-turn lanes could be aligned directly across from each other, which would improve site distance and safety for left-turning vehicles. • ■ Similar to previous recommendations, a westbound right-turn lane is recommended at the intersection of Valley View Road and Topview Road/Plaza Drive to improve safety and reduce the potential for rear-end accidents. ■ The current site plan shows the distance between the proposed Topview Road/full-access driveway and Valley View Road/Topview Road intersections to be approximately 165 feet. An intersection queuing analysis indicates that there may be periods during the peak hours in which southbound vehicles queued at the Valley View Road/Topview Road intersection would spillback and block the full-access driveway. Based on site distance limitations and queue spillback, it is recommended that the Topview Road full-access driveway be converted to right-in/right-out movements only to improve safety and efficiency. Adequate storage is provided on-site for vehicles exiting the Topview Road access driveway. Summary and Conclusions • A 74,152 square-foot office and manufacturing/warehousing development is proposed for the northwest quadrant of Topview Road and Valley View Road in the City of Eden Prairie. The purpose of this study is to examine the traffic impacts this development and background growth within the study area would have on the adjacent roadway system. The analysis includes two site access driveways along Valley View Road, as well as a third access driveway on Topview Road. All key intersections are projected to operate at LOS C or better one year after development (2002) with existing traffic control and geometries. Although the intersection of Valley View Road and the full-access driveway is expected to operate at an overall acceptable LOS A, motorists making a left-turn maneuver from -the access driveway would experience substantial delay. This high level of delay is attributed to a limited number of acceptable gaps in the major road traffic stream caused by high vehicular volume on Valley View Road. The delay experienced by driveway traffic in year 2002 is further intensified in year 2015 due to an increase in traffic volume on Valley View Road. 3C r 1 '4 • Michael Franzen _ -19- - _ • March 29,2001 Randy Newton Review of sight distance and safety at the Topview Road/proposed full-access driveway, indicates that a right-in/right-out access would improve overall operations (safety and efficiency) in the study area. A capacity analysis for an alternative access design was performed for year 2015 traffic conditions. Results of the alternative access design analysis indicate that key intersections analyzed are expected to operate at overall acceptable levels of service under year 2015 traffic conditions, provided that the following long-term geometric improvements are implemented: • Valley View Road and Prairie Center Drive—The storage bay length for the eastbound right- turn and northbound left-turn lanes should be increased to at least 300 feet and 350 feet, respectively,to accommodate the storage of queued vehicles. An additional westbound left- turn lane is also recommended. • Valley View Road and I-494 West Ramp — An additional southbound left-turn lane is recommended. In addition, the following suggested year 2015 improvements are provided for your consideration. • Valley View Road and I-494 East Ramp —Additional turn lane storage is suggested for the eastbound left-turn movement. Dual left-turn lanes may require widening the bridge; however,the existing left-turn lane could be extended back through the upstream intersection to provide a full lane for storage. • ■ Valley View Road/Topview Road-Plaza Drive—A westbound right-turn lane is suggested to . reduce delay and improve the operations and safety of the east approach. An exclusive southbound left-turn lane is also suggested to reduce vehicle queuing and spillback from interfering with the upstream access driveway on Topview Road. ■ Valley View Road and Prairie Center Drive — An overlapping eastbound right-turn phase with the northbound left-turn movement is suggested to reduce vehicle queuing and improve overall operations of this intersection. MC/MW/smf CITY COUNCIL.AGENDA DATE: May 15,2001 SECTION: Ordinances and Resolutions SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Entrevaux n Engineering Services ] , Ott Randy Slick/ Eugene A.Dietz Requested Action Move to: Adopt the resolution recinding the final plat approval of Entrevaux for 41 lots, approved by the City Council on February 6,2001. Move to: Adopt the resolution approving the revised final plat of Entrevaux for 39 lots and three outlots. Synopsis This proposal,located in the northwest quadrant of Pioneer Trail and Bennett Place adjacent to Purgatory Creek. The original final plat was previously approved February 6, 2001 consisting of 33.09 acres to be divided into 41 single-family lots and three outlots and right-of-way dedication for street purposes. Developer has revised plat, by removing two lots, therefore creating some larger lots. This revised proposal falls under the guidelines for a"minor subdivision"as defined within City Code. Background Information The preliminary plat was approved by the City Council November 21, 2000. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on February 6, 2001. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,794.00 • Receipt of street lighting fee in the amount of$7,434.00 • Receipt of street sign fee in the amount of$1,493.40 • Satisfaction of bonding requirements for the installation of public improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways certified by surveyor • Prior to release of final plat, Developer shall submit an easement between Developer and DNR for access to the DNR Fish Control Structure located in Purgatory Creek. • Prior to release of final plat, Developer shall submit revised Homeowner's Association Declaration of Convenants documents to the City Planner • Prior to release of final plat, Developer shall submit an Historic Preservation Easement over that portion of Lots 16 and 17,Block 2 • Prior to release of final plat, Developer shall submit a Conservation Easement for review by the Environmental Coordinator • Prior to release of final plat,Developer agrees to dedicate Outlots A, B and C to the City of Eden Prairie Attachments • Drawing of final plat I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M[NNESOTA RESOLUTION NO.2001- A RESOLUTION APPROVING THE REVISED FINAL PLAT OF ENTREVAUX WHEREAS, the preliminary plat of Entrevaux for 41 single family lots was approved by City Council on November 21,2000; WHEREAS, the final plat of Entrevaux (the Property) for'41 single family lots was approved by City Council on February 6,2001; WHEREAS,the Owner has submitted a revised final plat of Entrevaux,which contains 39 single family, lots and three Outlots,all Outlots will be dedicated to the City; WHEREAS,the revised final plat of Entrevaux has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said revised plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE.IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. The revised Plat approval request for Entrevaux is approved upon compliance with the recommendation of the City Engineer's report on'this plat dated May 15, 2001. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on May 15,2001. Jean L.Harris,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2001- A RESOLUTION RESCINDING FINAL PLAT APPROVAL OF ENTREVAUX WHEREAS,the final plat of Entrevaux (the Property) for 41 single family lots was approved by City Council,Resolution No. 2001-29 on February 6, 2001; and WHEREAS,the final plat of Entrevaux has not been executed by Mayor and City Manager; and WHEREAS,the Owner requests that approval of the plat of Entrevaux be rescinded. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Resolution 2001-29, approved by the City Council February 6, 2001 is hereby rescinded. ADOPTED by the Eden Prairie City Council on May 15,2001. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. 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'R J{17 ____ 1.ai___r'Cb•aSJ '? ry I \ ,/ ?"•i.`` ffl•S'-. 1•.• O 4 ♦ ^ .ter°, : w E / -,,-AI•� ")! e �} C 1 Yr* h �"^rADr°JD'iG J ���� G44 i' s7i a a•-- o4h• .�ar as l "y C) �V a I L. 1.• e+ ,./ ::. - '' { — 7- I •L a ,x'w 985- J +14". r rr `` — 'n r53g 5% `FA Ni /• • l `u f LT i, r �1 I J i s rIf c I L. — + `•r by Za h7 LIB \-, \ ) Ix ' J. .L I•J� • /, :( •/ Cr c `. • L r'+ 'r♦• ' / 4,g5s Z �) C , y �, troy r " - J) --I ' cb 9a . v M 4 rp In CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 15,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram FIT Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 99511-99992 Wire Transfers 1054-1059 Background Information Attachments City of Eden Prairie Council Check Summary 5/15/2001 Division Amount General 386,067 101 Legislative 7,350 102 Legal Counsel 988 110 City Clerk 764 111 General 13,158 112 Human Resources 4,605 113 Communication Services 9,218 114 Benefits&Training 15,305 115 Risk Management 19 116 Facilities 13,102 130 Assessing 829 131 Finance 9,951 132 Housing Trans Social Service 11,841 133 Community Development 2,336 134 Heritage Preservation 159 135 Information Technology 2,198 136 Wireless Communication 634 151 Park Maintenance 10,212 153 Athletic Programs 5,977 154 Community Center 10,904 155 Beaches 1,696 156 Youth Programs 3,790 158 Senior Center 3,153 159 Recreation Administration 49 160 Adaptive Recreation 296 161 Oak Point Pool 1,153 162 Arts 988 163 Park Facilities 300 180 Police 10,941 183 Civil Defense 63 184 Fire 10,431 186 Inspections 79 200 Engineering 1,054 201 Street Maintenance 8,685 202 Street Lighting 49,649 203 Fleet Services 20,447 117 City Center 121,087 204 Equipment Revolving 68,515 301 CDBG 608 302 HRA Fund 2,780 303 Cemetary Operation 7 304 Senior Awareness Fund 246 311 Grant Fund 25,000 502 Park Development 218,987 • 503 Utility Improvement 52,484 506 Improvment Bonds 1996 62,753 509 CIP Fund 57,789 511 Construction Fund 54,746 601 Prairie Village Liquor 74,608 602 Den Road Liquor 156,379 603 Prairie View Liquor 98,242 701 Water Fund 137,462 702 Sewer Fund 185,717 703 Storm Drainage Fund 35,359 806 SAC Agency Fund 42,550 803 Escrow Fund 287 Total 2,013,996 City of Eden Prairie Council Check Register 5/15/2001 Check# Amount Vendor Account Description Business Unit 1054 23,057 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1055 133,692 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1056 13,396 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1057 6,912 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1058 59,386 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1059 82 PUBLIC EMPLOYEES RETIREMENT AS Employers PERA General Fund 99511 5 AT&T Telephone General 99513 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 99514 45 EXPRESS MESSENGER SYSTEMS INC Postage General 99515 2,466 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing Trans&Human Sery 99516 197 GE CAPITAL Equipment Repair&Maint General 99517 339 HENNEPIN COUNTY ITT DEPT Software Maintenance Information Technology 99518 76 HOLIDAY INN OF ST.CLOUD Travel Expense Police 99519 585 KINKO'S Recreation Supplies Softball 99520 237 LAMBERT BOB Dues&Subscriptions In Service Training 99521 20 LEAGUE OF MINNESOTA CITIES Conference Expense In Service Training 99522 226 LIONS TAP Operating Supplies Fire 99523 1,690 M.L.E.E.A. Miscellaneous Reserves 99524 127 MELZER MARY Operating Supplies Winter Theatre 99525 125 MINNESOTA PARK SUPERVISORS ASS Conference Expense In Service Training 99526 50 MORROW JAMES Travel Expense Police 99527 287 PETTY CASH-POLICE DEPT Miscellaneous Police 99528 513 RENAISSANCE 1 DESIGN STUDIO Operating Supplies Winter Theatre 99529 69 RICHARDS JEFF Travel Expense Fire 99530 75 SALMELA DAVID Other Contracted Services Arts Initiative 99531 8 SAVEREIDE BARBARA Program Fee Senior Center Program 99532 560 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 99533 268 US POSTMASTER-HOPKINS Postage General 99534 1,303 US POSTMASTER-HOPKINS Postage Water Accounting 99535 98 VICTORIA PLUMBINB Mechanical Permits General Fund 99536 60 WOMEN IN LEISURE SERVICES Conference Expense In Service Training 99537 2,044 XCEL ENERGY Principal Traffic Signals 99538 701 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie View Liquor Store 99539 127 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 99540 1,226 BELLBOY CORPORATION Liquor Den Road Liquor Store 99541 8,663 DAY DISTRIBUTING Beer Den Road Liquor Store 99542 8,095 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 99543 10,849 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 99544 166 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 99546 2,785 GRIGGS COOPER&CO Liquor Den Road Liquor Store 99550 24,631 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 99551 743 LAKE REGION VENDING Tobacco Products Prairie View Liquor Store 99552 7,417 MARK VII Beer Den Road Liquor Store 99553 205 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 99554 126 NORTH STAR ICE Misc Taxable Den Road Liquor Store 99555 3,603 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 99556 623 PEPSI COLA COMPANY Merchandise for Resale Concessions 99558 13,155 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 99559 588 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store 99560 2,308 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 99561 6,854 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 99562 9,568 THORPE DISTRIBUTING Beer Prairie View Liquor Store 99563 525 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 99564 233 ACCEL COMPUTERS Operating Supplies Police 99565 337 BENIK JOHN Travel Expense Fire 99566 100 BEST MIKE Other Contracted Services Assessing 99567 10 BINGHAM JILL Lessons&Classes Pool Lessons 99568 49 CUMMINGS KIM Mileage&Parking Fire 99569 32 DIAZ WILLIE Program Fee Spring Skill Development 99570 28 FOREMAN WILLIAM Program Fee Summer Skill Development 99571 30 GRADY SUE Program Fee Senior Center Program 99572 216 GRAND VIEW LODGE Travel Expense Police 99573 24 HAMMOND KARA Office Supplies General 99574 10 HANSEN DEBBIE Program Fee Special Events&Trips 99575 10 HANSON JUNE Program Fee Senior Center Program 99576 50 HOAG JODI Employee Award Human Resources 99577 100 ILSTRUP JUDY Other Contracted Services Assessing 99578 10 JOHNSON MARTHA Program Fee Outdoor Center 3 City of Eden Prairie Council Check Register 5/15/2001 Check# Amount Vendor Account Description Business Unit 99579 60 KINGHORN KATHY Program Fee Spring Skill Development 99580 • 61 KLUTE JOEL Operating Supplies Ice Show 99581 100 MALAM DOUG Other Contracted Services Assessing 99582 32 MATTHEISEN RENEE Program Fee Special Events&Trips 99583 180,973 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 99584 988 NORDSTROM CHERYL Legal Legal Council 99585 10$ O'CONNOR ANNETTE Other Contracted Services Assessing 99586 51 OLSON BILL Travel Expense Fire 99587 17 OMAR SALIM Lessons&Classes Oak Point Lessons 99588 105 OTT CONNIE Lessons&Classes Oak Point Lessons 99589 100 PIDCOCK PATRICIA Other Contracted Services Assessing 99590 692 RADCO Capital Under$2000 Fleet Services 99591 64 RADKE KIM Program Fee Spring Skill Development 99592 60 SALEM ANNEVA Program Fee Spring Skill Development 99593 30 SHOFF VICKI JO Events/Admission Fee Adaptive Recreation 99594 325 TRAVEL LODGE Travel Expense Police 99595 1,741 US POSTMASTER-HOPKINS Postage Fire 99596 32 WEEKS PAULA Program Fee Special Events&Trips 99597 30 WOLK MAGGIE Program Fee Special Events&Trips 99598 642 WRIGHT IRENE Travel Expense Golden Triange Study 99599 1,298 XCEL ENERGY Electric Water Treatment Plant 99600 81,237 XCEL ENERGY Electric Street Lighting 99601 558 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 99602 28 AT&T Telephone Water Utility-General 99603 20 AT&T Telephone Water Treatment Plant 99604 159 BATTERY STORE INC THE Equipment Repair&Maint Water Treatment Plant 99605 10 BROOKS VIRGINIA Program Fee Senior Center Program 99606 87 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 99607 350 CONNEY SAFETY PRODUCTS Safety Supplies Fleet Services 99608 25 CUB FOODS EDEN PRAIRIE Operating Supplies Special Events&Trips 99609 30 DEPT OF LABOR&INDUSTRY Licenses&Taxes Fleet Services 99610 10 DIBONA MARILYN Program Fee Senior Center Program 99611 3,500 FAMILY HOPE SERVICES Other Contracted Services Housing Trans&Human Sery 99612 100 FRICKE SANDRA Refunds Environmental Education 99613 401 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 99614 180 GE CAPITAL Other Rentals General 99615 69 GOPHER STATE ONE-CALL INC Other Contracted Services Sewer System Maintenance 99616 10 GRANTIER CHARLOTTE Program Fee Senior Center Program 99617 37 HOVELAND RAY Operating Supplies Ice Show 99618 12 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water System Maintenance 99619 386 LOCKMAN JIM Operating Supplies Ice Show 99620 100 LOPER NANCY Refunds Environmental Education 99621 113 MENARDS Repair&Maint.Supplies Sewer Liftstation 99622 398 MILLARD CHRIS Travel Expense Police 99623 69 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Water Utility-General 99624 15 MPPOA Dues&Subscriptions Police 99625 117 PAULSON DENNIS Clothing&Uniforms Police 99626 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 99627 3,033 QWEST Telephone General 99628 560 RICHARD ALAN PRODUCTIONS Other Contracted Services Summer Safety Camp 99629 25 SMITH AMY Licenses&Taxes Police 99630 129 STREICHERS Clothing&Uniforms Police 99631 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 99632 333 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 99633 24 VARGAS FRED Travel Expense Reserves 99634 39 WEEDMAN NICOLE Mileage&Parking Youth Programs Administration 99635 140 XCEL ENERGY Electric Street Lighting • 99636 67 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 99637 69 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 99638 1,527 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 99639 9,581 DAY DISTRIBUTING Beer Den Road Liquor Store 99641 12,623 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 99642 96 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 99643 958 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 99645 10,915 GRIGGS COOPER&CO Liquor Den Road Liquor Store 99646 85 HOHENSTEINS INC Beer Den Road Liquor Store 99649 22,301 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 99650 1,617 LAKE REGION VENDING Tobacco Products Den Road Liquor Store City of Eden Prairie Council Check Register 5/15/2001 Check# Amount Vendor Account Description Business Unit 99651 5,497 MARK VII Beer Den Road Liquor Store 99652 720 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 99653 194 NORTH STAR ICE Misc Taxable Den Road Liquor Store 99654 748 PEPSI COLA COMPANY Merchandise for Resale Concessions 99656 13,199 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 99657 490 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 99658 2,952 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 99660 10,838 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 99661 20,538 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 99662 83 VINTAGE ONE WINES INC Wine Domestic Prairie View Liquor Store 99663 1,686 WINE COMPANY THE Wine Domestic Prairie Village Liquor Store 99664 2,870 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 99665 403 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 99666 3,568 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 99667 608 BUCKLEY LARRY Other Contracted Services 2000 Rehab 99668 170 CAMPOS LORI Recreation Supplies After School Programs 99669 149 CAREER TRACK Conference Expense In Service Training 99670 23 CORDER DEAN R. Travel Expense Police 99671 43,637 EF JOHNSON Other Assets Capital Impr./Maint.Fund 99672 25,000 FAMILY&CHILDRENS SERVICE Other Contracted Services Grant Fund 99673 10 HAMLINE UNIVERSITY GRADUATE SC Operating Supplies Outdoor Center 99674 1,219 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects 99675 125 HARRINGTON MIKE Travel Expense Police 99676 340 IMSA Conference Expense In Service Training 99677 40 KORZENOWSKI STEVE Instructor Service Outdoor Center 99678 128 KRESS CARLA Mileage&Parking Adaptive Recreation 99679 44 LABODA MICKEY Program Fee Adult Program 99680 32 LIMBERG KRISTY Operating Supplies Winter Theatre 99681 8,803 MASSMUTUAL LIFE INSURANCE CO. Building Rental Prairie View Liquor Store 99682 60 MCFERRIN TANYA Instructor Service Outdoor Center 99683 137,571 MEDICA CHOICE Medical Bills Prepaid General Fund 99684 165 MEDICINE LAKE TOURS Special Event Fees Adult Program 99685 25 MILLARD CHRIS Travel Expense Police , 99686 75 MILLER LOUISE Instructor Service Outdoor Center 99687 2,597 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 99688 737 NILSSON BETH Instructor Service Ice Arena 99689 21 NORBLOM PLUMBING CO. Plumbing Permits General Fund 99690 40 NORTHWEST AIRLINES Other Contracted Services Police 99691 75 OTTERNESS RON Instructor Service Outdoor Center 99692 206 PETTY CASH Operating Supplies Fitness Classes 99693 165 PETTY CASH-POLICE DEPT Miscellaneous Police 99694 4,958 PRUDENTIAL INSURANCE CO OF AME Life Insurance Employees General Fund 99695 53 TORMOEN JUDY Office Supplies Senior Center Administration 99696 2,525 TOTAL REGISTER Other Contracted Services Prairie View Liquor Store 99697 25 VOSBEEK PETER Travel Expense Police 99698 119 WILTON JAMES Tuition Reimbursement/School Reserves 99699 107 WRIGHT IRENE Mileage&Parking Golden Triange Study 99700 347 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance 99701 1,390 BAYPOINT MANOR Hope Loan Receivable Hope Loan Damage Deposit 99702 1,786 BUCA Employee Award Human Resources 99703 931 BUCK NATHAN Other Contracted Services Volleyball 99704 4,828 ELAN FINANCIAL SERVICES Travel Expense City Council 99705 70 GTCTA Conference Expense In Service Training 99706 176 KEATING MARY Mileage&Parking Community Development 99707 698 LEWELLYN TECHNOLOGY INC Conference Expense In Service Training 99708 27 LOFRANO TAMMY Tuition Reimbursement/School Fitness Classes 99709 65 MAAO CONFERENCES ATTN P KNUTSO Conference Expense In Service Training 99710 42 MANN TRIA Advertising Art&Music 99711 42,125 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 99712 246 MINNEGASCO Gas Douglas More House 99713 15 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Concessions 99714 63 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 99715 223 MINNESOTA'S BOOKSTORE Operating Supplies Assessing 99716 134 MUELLER CYNTHIA Mileage&Parking Aquatics&Fitness Admin 99717 229 MUNTERS CORP. Repair&Maint.Supplies Ice Arena 99718 24 OCHS CAROLYN AR Utility Water Enterprise Fund 99719 54 PETTY CASH-NICOLE WEEDMAN Operating Supplies Youth Programs Administration 99720 83 PORTA KITTY Mileage&Parking Human Resources City of Eden Prairie Council Check Register 5/15/2001 Check# Amount Vendor Account Description Business Unit 99721 67 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint General Facilities 99722 200 RAMSEY COUNTY SHERIFF'S DEPT. Deposits Escrow 99723 2,985 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 99724 97 SINELL STEVE Mileage&Parking Assessing 99725 405 WALMART COMMUNITY Operating Supplies Special Events&Trips 99726 50 WERTS SANDY Mileage&Parking Senior Center Administration 99727 30 WILDLIFE SCIENCE CENTER Other Contracted Services Outdoor Center 99728 9,218 WIRTHLIN WORLDWIDE Other Contracted Services Communication Services 99729 24 XCEL ENERGY Electric Well 14 99730 840 BAYPOINT MANOR Hope Loan Receivable Hope Loan Damage Deposit 99731 550 BAYPOINT MANOR Hope Loan Receivable Hope Loan Damage Deposit 99732 125 CARDARELLE DAWN Other Contracted Services Accessibility 99733 175 CH ROBINSON Org Athletic League Fees Softball 99734 110 GOETTL AMY Special Event Fees Volleyball 99735 175 HULSCHER JAY Org Athletic League Fees Softball 99736 110 KELLY NANCY Special Event Fees Volleyball 99737 3,053 KMC TELECOM HOLDINGS INC. Telephone General 99738 55 LOUWAGIE JOLENE Special Event Fees Volleyball 99739 110 MCMAHON SANDY Special Event Fees Volleyball 99740 55,949 MTI DISTRIBUTING INC Machinery&Equipment Park&Recreation 99741 462 QWEST Telephone Den Road Liquor Store 99742 468 Qwest COMMUNICATIONS Telephone Police 99743 320 REDINIUS LEANNE Org Athletic League Fees Softball 99744 3,185 RICHFIELD CITY OF Autos Public Safety 99745 175 RLK-KUUSISTO LTD. Org Athletic League Fees Softball 99746 16 STAR TRIBUNE Misc Taxable Den Road Liquor Store 99747 11 STATE OF MINNESOTA Operating Supplies Fleet Services 99748 175 WALKER CORY Org Athletic League Fees Softball 99749 175 WEIS SCOTT Org Athletic League Fees Softball 99750 55 YOUNG PAT Special Event Fees Volleyball 99751 114 ACE ICE COMPANY Tobacco Products Prairie View Liquor Store 99752 280 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 99753 103 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 99754 2,380 BELLBOY CORPORATION Liquor Den Road Liquor Store 99755 2,534 DAY DISTRIBUTING Beer Den Road Liquor Store 99756 2,639 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 99757 9,137 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 99758 434 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 99759 1,317 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 99760 12,460 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 99762 12,415 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 99763 1,640 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 99764 4,782 MARK VII Beer Den Road Liquor Store 99765 378 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 99766 75 NORTH STAR ICE Misc Taxable Den Road Liquor Store 99767 2,319 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 99768 98 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 99770 5,273 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 99771 468 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 99772 2,988 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 99773 5,364 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 99774 11,931 THORPE DISTRIBUTING Beer Prairie View Liquor Store 99775 717 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 99776 60 2001 PDI TRIALS Tuition Reimbursement/School Police 99777 280 AARP 55 ALIVE MATURE DRIVING Special Event Fees Senior Center Program 99778 10 BAUMCHEN DR H.A. Peddlers License General Fund 99779 100 BUGBEE DON Refunds Environmental Education 99780 25 CARVER COUNTY TREASURER Licenses&Taxes Police 99781 288 DUNSMORE WES Travel Expense In Service Training 99782 13 FEDEX Postage General 99783 3,278 GOVERNMENT TRAINING SERVICE Conference Expense In Service Training 99784 14 GRAND VIEW LODGE Travel Expense Police 99785 799 HANLON SCOTT Capital Under$2000 Fire 99786 121,233 HENNEPIN COUNTY TREASURER Licenses&Taxes United Properties 99787 100 HENNEPIN COUNTY TREASURER Licenses&Taxes Police 99788 1,393 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 99789 35 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions Human Resources 99790 130 MAAO CONFERENCES ATTN P KNUTSO Conference Expense In Service Training 6 City of Eden Prairie Council Check Register 5/15/2001 Check# Amount Vendor Account Description Business Unit 99791 237 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund 99792 260 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Water Well#7 99793 218,889 PEMTOM LAND CO. Land Park Acquisition&Development 99794 180 POST BOARD Licenses&Taxes Police 99795 67 QUICKSILVER EXPRESS COURIER Postage General 99796 25 SCOTT COUNTY Licenses&Taxes Police 99797 60 SMITH AMY Clothing&Uniforms Police 99798 100 SORENSON SHARON Refunds Environmental Education 99799 100 SPEAKER LYNN Refunds Environmental Education 99800 118 STOVRING LESLIE Travel Expense In Service Training 99801 100 TRAINOR MICHAEL Refunds Environmental Education 99802 290 URBAN LAND INSTITUTE Conference Expense In Service Training 99803 16 A TO Z RENTAL CENTER Repair&Maint.Supplies Park Maintenance 99804 160 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 99805 495 ACTIVE.COM INC. Operating Supplies Athletic Programs Admin 99806 193 ADVERTISING INCENTIVES Clothing&Uniforms Prairie View Liquor Store 99807 242 ALEX AIR APPARATUS INC Repair&Maint.Supplies Fire 99808 934 ALFAX WHOLESALE FURNITURE INC. Capital Under$2000 Water Treatment Plant 99809 81 ALLIED ELECTRONICS INC Equipment Parts Marketcenter Reservoir 99810 51 ALTERNATIVE BUSINESS FURNITURE Capital Under$2000 Furniture 99811 24 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store 99812 1,019 AMERICAN PRESSURE INC Other Contracted Services Sewer System Maintenance 99813 1,368 AMERICAN RED CROSS Recreation Supplies Pool Lessons 99814 328 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 99815 12,230 ASPEN EQUIPMENT CO. Machinery&Equipment Park&Recreation 99816 39 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 99817 130 BARTOS PRODUCTS Capital Under$2000 Fleet Services 99818 1,181 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 99819 152 BIFFS INC Waste Disposal Park Maintenance 99820 1,585 BILL CLARK OIL CO INC Lubricants&Additives Water Treatment Plant 99821 3,383 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Water Treatment Plant 99822 595 BRY-AIR INC Repair&Maint.Supplies Ice Arena 99823 38 C&C EMBROIDERY Clothing&Uniforms Fire 99824 4,825 CENTRAIRE INC Equipment Repair&Maint Prairie View Liquor Store 99825 142 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 99826 28 CHESLEY TRUCK SALES Equipment Parts Fleet Services 99827 47,585 COMMISSIONER OF TRANSPORTATION Improvement Contracts Construction Fund 99828 586 CONCRETE CUTTING&CORING INC Small Tools Park Maintenance 99829 723 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 99830 1,353 CORPORATE EXPRESS Office Supplies Police 99831 424 CRYSTEEL TRUCK EQUIPMENT INC Capital Under$2000 Fleet Services 99832 841 CUSHMAN MOTOR COMPANY INC. Equipment Repair&Maint Park Maintenance 99833 8,172 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 99834 149 DALE GREEN COMPANY THE Landscape Materials/Supp Street Maintenance 99835 155 DANKO EMERGENCY EQUIPMENT CO Repair&Maint.Supplies Fire 99836 88 DAY-TIMER Operating Supplies Youth Programs Administration 99837 277 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 99838 1,394 DESIGNER SIGN SYSTEMS INC Building Repair&Maint. Water Treatment Plant 99839 97 DRISKILLS NEW MARKET Operating Supplies Special Events&Trips 99840 770 DYNA SYSTEMS Repair&Maint.Supplies • Water Treatment Plant 99841 391 EARL F ANDERSEN INC Advertising Community Development 99842 365 ECOLAB INC Equipment Repair&Maint Maintenance 99843 62 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 99844 115 EDINA CITY OF Other Contracted Services Park Maintenance 99845 3,911 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 99846 7,995 FACILITY SYSTEMS INC Capital Under$2000 Prairie Village Liquor Store 99847 31 FASTSIGNS Operating Supplies Oak Point Operations 99848 147 FERRELLGAS Motor Fuels Ice Arena 99849 574 FILTRATION SYSTEMS Building Repair&Maint. Water Treatment Plant 99850 1,045 FINLEY BROS INC Operating Supplies Park Maintenance 99851 961 FLEX COMPENSATION INC Other Contracted Services Human Resources 99852 573 FOREMOST PROMOTIONS Fire Prevention Supplies Fire 99853 10 FRONTLINE PLUS FIRE Repair&Maint.Supplies Fire 99854 1,410 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 99855 238 GRAFIX SHOPPE Equipment Repair&Maint Fleet Services 99856 6 HALDEMANN HOMME INC Printing Assessing 99857 2,676 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund 99858 576 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services City of Eden Prairie Council Check Register 5/15/2001 Check# Amount Vendor Account Description Business Unit 99859 4,697 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 99860 1,838 HEAD LITES CORPORATION Safety Supplies Fleet Services 99861 840 HENDERSON JOSH Other Contracted Services Adult Open Gym 99862 1,743 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 99863 42,188 HENNEPIN COUNTY TREASURER Improvement Contracts Utility Improvement Fund 99864 76 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 99865 665 HERC U LIFT Equipment Repair&Maint Park Maintenance 99866 261 HILLYARD Repair&Maint.Supplies Maintenance 99867 450 HILTON GARDEN INN Travel Expense In Service Training 99868 524 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 99869 240 HOLMES DAVE Other Contracted Services Volleyball 99870 116 HOLMES TOM Other Contracted Services Volleyball 99871 125 HOPKINS FIRE DEPARTMENT Dues&Subscriptions Fire 99872 25 ICE SKATING INSTITUTE Operating Supplies Ice Show 99873 613 ICI DULUX PAINT CTRS Building Repair&Maint. Water Treatment Plant 99874 43 IDENTIFIX Other Contracted Services Fleet Services 99875 1,971 INDEPENDENT SCHOOL DIST NO.27 Gym Rental Open Gym 99876 365 INDUSTRIAL LIGHTING SUPPLY INC Building Repair&Maint. Water Treatment Plant 99877 2,310 INFRATECH Other Contracted Services Water System Maintenance 99878 253 INTER-TEL TECHNOLOGIES INC. Equipment Repair&Maint General 99879 1,048 J MARCEL ENTERPRISES Clothing&Uniforms Police 99880 350 JANEX INC Cleaning Supplies General Facilities 99881 642 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 99882 390 JR'S OPTIC INSPECTIONS Other Contracted Services Storm Drainage 99883 9,950 KERN DEWENTER VIERE LTD. Audit&Financial Finance 99884 855 KINKO'S Printing Youth Programs Administration 99885 7,882 KLEIN ELECTRIC INC. Other Assets Capital Impr./Maint.Fund 99886 45 KRAEMERS HARDWARE INC Operating Supplies Street Maintenance 99887 1,198 LAB SAFETY SUPPLY INC Safety Supplies Water Treatment Plant 99888 2,308 LAKE COUNTRY DOOR Building Repair&Maint. Public Works/Parks 99889 1,522 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services 99890 869 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 99891 1,445 LANDS END CORPORATE SALES Clothing&Uniforms Police 99892 3,925 LARKIN HOFFMAN DALY&LINDGREN Design&Engineering Construction Fund 99893 479 LIGHTNING PRINTING Printing Senior Awareness 99894 150 LIONS TAP Awards Volleyball 99895 2,666 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 99896 2,592 LOFFLER BUSINESS SYSTEMS INC Equipment Repair&Maint General 99897 150 M AMUNDSON Recreation Supplies Pool Lessons 99898 30 M SHANKEN COMMUNICATIONS INC Misc Non-Taxable Prairie View Liquor Store 99899 413 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 99900 8 MAIL BOXES ETC Postage Water Utility-General 99901 2,500 MARK A.OEHRLEIN APPRAISALS IN Other Contracted Services Capital Impr./Maint.Fund 99902 160 MARS CO Operating Supplies Water Treatment Plant 99903 236 MCGRAW-HILL COMPANIES THE Training Supplies Sewer Utility-General 99904 558 MENARDS Recreation Supplies Youth Programs Administration 99905 983 METRO SALES INCORPORATED* Other Rentals General 99906 200 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 99907 1,142 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 99908 30,298 MINGER CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 99909 280 MINN BLUE DIGITAL Equipment Repair&Maint Engineering 99910 111 MINN ST ADMIN ITG TELECOM SERV Computers Information Technology 99911 321 MINNESOTA CONWAY Equipment Parts Fleet Services 99912 2,433 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 99913 129 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 99914 4,225 MINNESOTA VIKINGS FOOD SERVICE Awards City Council 99915 272 MIRACLE RECREATION OF MINNESOT Repair&Maint.Supplies Miller Park 99916 1,081 MRCI Operating Supplies Park Maintenance 99917 819 MTI DISTRIBUTING INC Equipment Parts Fleet Services 99918 8,000 NEW HORIZONS Conference Expense In Service Training 99919 725 NEWMECH Building Repair&Maint. Water Treatment Plant 99920 108 NOKOMIS SHOE SHOP Clothing&Uniforms Street Maintenance 99921 108 NORTH CENTRAL LABORATORIES Operating Supplies Water System Maintenance 99922 80 NORTH MEMORIAL HEALTH CARE Tuition Reimbursement/School Police 99923 37 OLSEN COMPANIES Repair&Maint.Supplies Round Lake 99924 51 PAPER WAREHOUSE Operating Supplies Senior Center Program 99925 13,018 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 99926 33,731 PEARSON BROTHERS INC Sweeping Storm Drainage City of Eden Prairie Council Check Register 5/15/2001 • Check# Amount Vendor Account Description Business Unit 99927 731 PETERSON ENVIRONMENTAL CONSULT Design&Engineering Construction Fund 99928 100 PETSMART Canine Supplies Police 99929 176 PRAIRIE CYCLE&SKI Clothing&Uniforms Police 99930 7,383 PRAIRIE ELECTRIC COMPANY Building Repair&Maint Water System Maintenance 99931 115 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint General Facilities 99932 212 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 99933 7,417 PRO MAINTENANCE INC Other Contracted Services Water Treatment Plant 99934 196 R&R MARINE INC Repair&Maint Supplies Round Lake Marina 99935 304 RAINBOW FOODS INC. Operating Supplies Senior Center Program 99936 558 RAY LEE Other Contracted Services Softball 99937 243 REAL GEM Employee Award Human Resources 99938 100 RESERVE OFFICER TRAINING ASSOC Tuition Reimbursement/School Reserves 99939 97 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 99940 49,727 RMR SERVICES INC Equipment Parts Water Meter Repair 99941 450 S/K WELL&PUMP INSPECTIONS Other Contracted Services Water Well#9 99942 50 SCHARBER&SONS Equipment Parts Fleet Services 99943 12 SEASONS TO CELEBRATE Operating Supplies Youth Programs Administration 99944 5,875 SENIOR COMMUNITY SERVICES Other Contracted Services Housing Trans&Human Sery 99945 297 SHIP-IT Cleaning Supplies Water Treatment Plant 99946 6,080 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 99947 133 SHRED-IT Waste Disposal City Center Operations 99948 1,799 SIMPLEX TIME RECORDER CO Equipment Repair&Maint Maintenance 99949 320 SNAP-ON TOOLS Small Tools Fleet Services 99950 249 SNELL MECHANICAL INC Repair&Maint.Supplies Ice Arena 99951 180 SOUTHWEST LOCK&KEY Repair&Maint.Supplies Maintenance 99952 839 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 99953 40 SPORTS WORLD USA INC Awards Raquetball 99954 76 SPS COMPANIES Building Repair&Maint. Water Treatment Plant 99955 680 SQUARE CUT Capital Under$2000 Furniture 99956 29,973 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996 99957 85 ST.CLOUD TECHNICAL COLLETE Tuition Reimbursement/School Fire 99958 612 STOFFEL SEALS CORP Fire Prevention Supplies Fire 99960 1,144 STREICHERS Capital Under$2000 Fleet Services 99961 609 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 99962 1,194 SUBURBAN TIRE&AUTO SERVICE I Equipment Parts Fleet Services 99963 497 SUNSET PRINTING Fire Prevention Supplies Fire 99964 8,788 TERRANOVA LLC Improvement Contracts Utility Improvement Fund 99965 628 TESSCO Operating Supplies Wireless Communication 99966 1,418 TESSMAN SEED CO Chemicals Park Maintenance 99967 491 THYSSEN LAGERQUIST ELEVATOR Building Repair&Maint. City Center Operations 99968 1,508 TKDA Design&Engineering Utility Improvement Fund 99969 639 TRAFFIC CONTROL CORPORATION Operating Supplies Traffic Signals 99970 173 TRANS ALARM INC Other Contracted Services City Center Operations 99971 30 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 99972 756 UNIFORMS UNLIMITED Clothing&Uniforms Police 99973 710 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 99974 1,070 URBAN COMMUNICATIONS Operating Supplies Ice Show 99975 257 US FILTER/WATERPRO Repair&Maint.Supplies Water System Maintenance 99977 1,265 US OFFICE PRODUCTS Office Supplies Water Treatment Plant 99978 2,019 UTING BRENDA Wages No Benefits Community Brochure 99979 994 VESSCO INC Other Contracted Services Water Treatment Plant• 99980 1,625 VOPAK USA INC. Chemicals Water Treatment Plant 99981 1,107 W W GRAINGER INC Equipment Parts Water Treatment Plant 99982 2,871 WALTERS SWIM SUPPLIES INC. Clothing&Uniforms Round Lake Beach 99983 549 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance 99984 724 WATSON CO INC THE Merchandise for Resale Concessions 99985 625 WEST SUBURBAN MEDIATION CENTER Other Contracted Services Human Resources 99986 312 WEST WELD Equipment Parts Fleet Services 99987 98 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Park Acquisition&Development 99988 628 WM MUELLER AND SONS INC Gravel Street Maintenance 99989 101 WOLF CAMERA INC Video&Photo Supplies Summer Theatre 99990 322 X-ERGON Repair&Maint.Supplies Water Treatment Plant 99991 957 YALE INCORPORATED Other Contracted Services Water Treatment Plant 99992 796 ZARNOTH BRUSH WORKS INC. Equipment Repair&Maint Park Maintenance Grand Total 2,013,996 CITY COUNCIL AGENDA DATE: 5/15/01 SECTION: Petitions,Requests and Communications SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Development ITEM NO.: Donald R.Uram Metropolitan Council Request for Public /� David Lindahl Housing . r , Requested Action: Move to: ■ Provide general support for allowing the Metropolitan Council to acquire and operation up to ( ) residential properties in conjunction with their Family Affordable Housing Program(FAHP); and • Adopt the Resolution approving the Cooperation Agreement. OR Move to: • Decline participation in the Metropolitan Council's Family Affordable Housing Program(FAHP) at this time. Synopsis: The Metropolitan Council is asking the City to allow them to acquire, own,and operate up to 20 properties (single or multiple)as public housing units.They are attempting to provide 200 public housing units in suburban communities as part of a lawsuit settlement with a group of Minneapolis residents.Participation may help the City gain points on future funding applications for TEA-21 (federal)transportation funds,livable communities grants, smart growth initiatives, and the MetroEnvironment Partnership (park/open space) grant program. Background: The Family Affordable Housing Program(FAHP)involves the Metro Council spending up to $170,000 per unit to acquire,rehabilitate (if necessary), and operate on a scattered basis rental housing units. The units would be owned and operated by the MC at no cost to the City, except for the loss of tax base. Instead of paying taxes, they would make Payments In Lieu of Taxes(PILOT) equal to 10% of the annual rent. Attachments: Resolution Cooperation Agreement Letter from Cecile Bedor List of Other Cooperating Cities 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2001- RESOLUTION APPROVING A COOPERATION AGREEMENT WITH THE METROPOLITAN COUNCIL FOR THE ACQUISITION AND OPERATION OF RESIDENTIAL PROPERTIES IN CONJUNCTION WITH THE METROPOLITAN COUNCIL'S FAMILY AFFORDABLE HOUSING PROGRAM AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE COOPERATION AGREEMENT ON BEHALF OF THE CITY. WHEREAS, the Metropolitan Council is authorized by Minnesota Statutes section 473.195 to exercise the functions, rights, duties, privileges, immunities and limitations as are provided for housing and redevelopment authorities created for municipalities; and WHEREAS, in conjunction with the implementation of its Family Affordable Housing Program ("FAHP"), the Metropolitan Council proposes to acquire and administer residential properties ("FAHP Units") within the boundaries of the City, up to thirty percent of which units will be made available to eligible residents of the City; and WHEREAS, Minnesota Statutes section 473.195, subdivision 1 requires the Metropolitan Council to obtain the approval of the governing body of the City before the Metropolitan Council may implement its proposed housing initiative within the boundaries of the City; and WHEREAS, federal law requires the Metropolitan Council to enter into a Cooperation Agreement with the City in connection with the proposed acquisition and operation of the FAHP Units. NOW, THEREFORE, BE IT RESOLVED by the City Council that pursuant to Minnesota Statutes section 473.195 the City Council gives its prior approval to the Metropolitan Council's proposal to acquire and administer up to twenty (20) FAHP Units within the boundaries of the City; and BE IT FURTHER RESOLVED, by the City Council that the Mayor and City Manager are authorized to execute the Cooperation Agreement on behalf of the City. ADOPTED by the City Council of the City of Eden Prairie this day of 2001. Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk a COOPERATION AGREEMENT Metropolitan Council Family Affordable Housing Program THIS COOPERATION AGREEMENT ("Agreement") is entered into by and between the Metropolitan Council (the "Metropolitan Council") and the City of Eden Prairie , State of Minnesota(the"Municipality"). WHEREAS, the Metropolitan Council is a public corporation and political subdivision of the State of Minnesota and is authorized by Minnesota Statutes section 473.195 to exercise the functions, rights, duties, privileges, immunities and limitations as are provided for housing and redevelopment authorities created for municipalities; and WHEREAS, pursuant to Minnesota Statutes section 473.195 the provisions of Minnesota Statutes sections 469.001 to 469.047 and of all other laws relating to housing and redevelopment authorities apply to the Metropolitan Council when the Metropolitan Council is functioning as an authority; and WHEREAS, in conjunction with the implementation of its Family Affordable Housing Program ("FAHP"), the Metropolitan Council proposes to acquire within the corporate limits of the Municipality on a scattered-site basis a limited number of residential properties ("FAHP Units") and will focus its acquisition efforts on housing structures containing four units or less; and WHEREAS, the governing body of the Municipality has given its prior approval regarding the Metropolitan Council's proposed housing initiative pursuant to Minnesota Statutes section 473.195, subdivision 1. WITNESSETH: In consideration of the mutual covenants in this Agreement, the Municipality and the Metropolitan Council agree as follows: 1. Whenever used in this Agreement: (a) The term "FAHP Units" shall mean up to twenty (20) residential housing units, as defined in Title 42 United States Code section 1437a(b)(1), developed or acquired by the Metropolitan Council in connection with its Family Affordable Housing Program with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development(the"Government") and located on a scattered-site basis within the corporate limits of the Municipality. (b) The term "Taxing Body" or "Taxing Bodies" shall mean the State of Minnesota and any and all political subdivisions or taxing units thereof in which FAHP Units are situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to the FAHP Units if the units were not exempt from taxation. (c) The term"Shelter Rent" shall mean the total rentals of a FAHP Unit charged to tenants during the preceding calendar year, excluding any charges for utilities and special Page 1 of/4 Pages 3 services such as heat, water, electricity, gas, sewage disposal or garbage removal, and excluding all other income of the FAHP Unit. 2. The Metropolitan Council shall endeavor to: (a) Secure a contract or contracts with the Government for capital grants and annual contributions for the FAHP Units; and (b) Acquire or develop and administer the FAHP Units. 3. The Metropolitan Council and the Municipality agree: (a) Pursuant to Minnesota Statutes section 469.040, and applicable federal laws and regulations, including Title 24 Code of Federal Regulations section 941.201(d), each FAHP Unit is exempt from all real and personal property taxes levied or imposed by any Taxing Body for so long as either: (i) the FAHP Unit is owned by a public body or governmental agency and is used for housing as defined in Title 42 United States Code section 1437a(b)(1); (ii) any contract between the Metropolitan Council and the Government in connection with the FAHP Unit remains in force and effect; or (iii) any bonds issued in connection with the FAHP Unit or any monies due to the Government in connection with the FAHP Unit remain unpaid, whichever period is the longest (the "Exemption Period"). (b) During the Exemption Period, the Municipality, on behalf of all Taxing Bodies, agrees that it will not levy or impose any real or personal property taxes upon a FAHP Unit or upon the Metropolitan Council with respect to the FAHP Unit. (c) During the Exemption Period, the Metropolitan Council shall make, or cause to be made, payments in lieu of taxes ("Payments in Lieu of Taxes") in payment for the public services and facilities furnished from time to time without other cost or charge for or with respect to each FAHP Unit. Each Payment in Lieu of Taxes shall be made at the time when real property taxes on a FAHP Unit would be paid if the FAHP Unit were subject to taxation, and shall be in an amount equal to ten percent (10%) of the Shelter Rent charged with respect to the FAHP Unit during the preceding calendar year. A Payment in Lieu of Taxes for a FAHP Unit may not exceed the amount which would be payable in taxes if the FAHP Unit were not exempt from real or personal property taxes. (d) Pursuant to Minnesota Statutes section 469.040, subdivision 3, the County within which a FAHP Unit is located shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the FAHP Unit were not exempt from taxation bears to the total real property taxes which would have been paid to all of the Taxing Bodies for such year if the FAHP Unit were not exempt from taxation; provided, however, that no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the FAHP Unit were not exempt from taxation. Page 2 o/4 Pages 4. During the Exemption Period, the Municipality, or other appropriate Taxing Body, without cost or charge to the Metropolitan Council or the tenants of a FAHP Unit (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Metropolitan Council and the tenants of the FAHP Unit public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Accept grants of easements necessary for the development of FAHP Units; and (c) Cooperate with the Metropolitan Council by such other lawful action or ways as the Municipality or other Taxing Body and the Metropolitan Council may find necessary in connection with the development and administration of the FAHP Units. 5. In respect to the initial development of FAHP Units, the Municipality further agrees, on behalf of all Taxing Bodies, that within a reasonable time after receipt of a written request from the Metropolitan Council: (a) When required by city ordinance, it will accept the dedication of all interior streets, roads, alleys and adjacent sidewalks within the area of FAHP Units, together with all storm and sanitary sewer mains in such dedicated areas, after the Metropolitan Council, at its own expense, has completed the grading, improvement, paving and installation thereof in accordance with specifications acceptable to the Municipality or other Taxing Body; (b) When required by city ordinance, it will accept necessary dedications of land for, and will grade, improve, pave and provide sidewalks for, all streets bounding FAHP Units or necessary to provide adequate access to the FAHP Units (in consideration for which the Metropolitan Council shall pay to the Municipality or other Taxing Body such amount as are or could be assessed against the FAHP Unit sites for such work if such sites were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to FAHP Units and serving the streets bounding the FAHP Units (in consideration for which the Metropolitan Council shall pay to the Municipality or other Taxing Body such amount as would be assessed against the FAHP Unit sites for such work if such sites were privately owned). 6. If by reason of the Municipality's or other Taxing Body's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed to furnish or cause to be furnished to the Metropolitan Council or to the tenants of any FAHP Unit, the Metropolitan Council incurs any expense to obtain such services or facilities, then the Metropolitan Council may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality or other Taxing Body in respect to any FAHP Unit or any other housing units owned or operated by the Metropolitan Council. 7. No Cooperation Agreement previously entered into between the Municipality and the Metropolitan Council,if any, shall be construed to apply to any FAHP Units covered by this Agreement. Page 3 of/4 Pages 5 8. No member of the governing body or any other public official of the Municipality or other Taxing Body who exercises any responsibilities or functions with respect to the any FAHP Unit during her or his tenure or for one year thereafter shall have any interest, direct or indirect,in any FAHP Unit or any contracts in connection with any FAHP Unit. If any such governing body member or such other public official of a Taxing Body involuntarily acquires or had acquired prior to the beginning of her or his tenure any such interest, she or he shall immediately disclose such interest to the Metropolitan Council. 9. During the Exemption Period, this Agreement shall not be abrogated, changed or modified without the consent of the Government. The privileges and obligations of the Municipality and other Taxing Bodies shall remain in full force and effect with respect to the FAHP Units so long as the beneficial title to the FAHP Units is held by the Metropolitan Council or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of housing as defined in Title 42 United States Code section 1437a(b)(1). If at any time the beneficial title to, or possession of, a FAHP Unit is held by such other public body or governmental agency, including the Government, the provisions of this Agreement shall inure to the benefit of and may be enforced by, such other pubic body or governmental agency,including the Government. 10. The obligations of the parties under this Agreement shall apply to each FAHP Unit. IN WITNESS WHEREOF the authorized representatives of the Municipality and the Metropolitan Council have respectively signed this Agreement. This Agreement is effective on the date when both parties' authorized representatives have signed this Agreement. CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL By By Jay R. Lindgren Its Regional Administrator Date Date and By Its Date This document drafted by: Office of the General Counsel Metropolitan Council Mears Park Centre 230 East Fifth Street Saint Paul,Minnesota 55101 (651)602-1706 FAHPCOOPFORM 04/13/01 Page 4 of�Pages Metropolitan Council Working for the Region, Planning for the Future 20 February 2001 • Mayor Jean Harris Eden Prairie City Council Members City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Re: Metropolitan Council Family Affordable Housing Program(FAHP) Prior Approval of Metropolitan Council Proposed Housing Initiative Dear Mayor Harris and Council Members: I recently met with Mr.David Lindahl of the Eden Prairie Housing and Redevelopment Authority regarding the Metropolitan Council's Family Affordable Housing Program(FAHP),and appreciate his time and effort in exploring Eden Prairie's participation in FAHP. Please let this letter serve as the Metropolitan Council's formal request to the City of Eden Prairie to participate in the Metropolitan Council's Family Affordable Housing Program. Specifically,we are asking that Eden Prairie approve and execute the enclosed Cooperation Agreement that allows for the placement of up to 20 units in your community. The Metropolitan Council recently established its Family Affordable Housing Program to promote regional affordable housing opportunities within the seven-county metropolitan area. The Metropolitan Council intends to implement its FAHP by acquiring on a scattered-site basis two-,three-, four-and five- bedroom units (FAHP Units) in structures containing eight units or less, including single-family homes, • town homes and duplexes. The Metropolitan Council will operate the FAHP Units as public housing units with capital funding, ongoing operating subsidies and other financial assistance from the federal government and other sources. There are several benefits to the citizens of Eden Prairie in participating in the Family Affordable Housing Program: • • Quality improvements will be made to all properties purchased by the Metropolitan Council,thus improving the quality of the overall housing stock. A Thirty percent of all Eden Prairie FAHP units will he leased to Eden Prairie residents.' > Participation in FAHP will potentially gain additional points on upcoming transportation funding applications Eden Prairie submits to the Metropolitan Council for consideration. ➢ Upon request,Eden Prairie will be provided with technical services to help address planning for senior housing needs. > Residents of Eden Prairie will be provided with long-term,quality,work-force housing for families. > Eden Prairie residents will not be displaced as the Metropolitan Council plans to purchase vacant units or units for sale by their owner occupant. ➢ FAHP units will be rental housing that is professionally managed,with resident screening that will help ensure residents have a successful rental experience. > Appropriate services will be provided to residents,particularly in the area of job attainment and job enhancement. > The Metropolitan Council will work with Eden Prairie staff to ensure acquisition efforts do not interfere with redevelopment plans or opportunities. 'Please see attached Fact Sheet for detailed information. 230 East Fifth Street St.Paul.Minnesota 55101-1626 (651)602-1000 Fax 602-1550 TDD/T1Y 291-0904 Metro Info Line 602-1888 Mayor Jean Harris City Council Members • 20 February 2001 Page Two The Metropolitan Council also wants to ensure the citizens of Eden Prairie have an opportunity to participate in the formulation and carrying out of the Metropolitan Council's FAHP initiative. In connection with its FAHP initiative and its other housing programs,the Metropolitan Council is required by federal law to submit an annual public housing agency plan (Annual Plan) to HUD. The Annual Plan includes various components addressing the operation,maintenance and management of federally assisted housing and must be submitted annually following a public notice and hearing process that invites citizen comments and input.The Metropolitan Council will use the Annual Plan process as its means for providing citizens an opportunity to participate in the formulation and carrying out of the Metropolitan Council's FAHP initiatives within the City. The Metropolitan Council is committed to working with cities in cooperative, incentive based partnerships. In an effort to complete a potential total of 200 units,we are approaching cities throughout suburban Anoka,Ramsey and Hennepin Counties to partner with us on this critical new initiative. We hope Eden Prairie will join us. In addition to the Fact Sheet and sample Cooperation Agreement, I have enclosed a sample resolution for consideration by the Eden Prairie City Council. Time is of the essence as the deadline for completion of these units is April 2002. The Metropolitan Council would appreciate formal consideration by the City Council by mid-March. If you need any further information,please contact me at 651.602.1345. Thank you. Sincerely, M OPO ITAN OUNCIL • • Cecile edo • Associate Director Special Projects /cmb Enclosures: Cooperation Agreement Sample Resolution Fact Sheet cc: Chris Enger David Lindahl Elizabeth Ryan Caren Dewar Jay Lindgren Ted Mondale Metropolitan Council Member Julius Smith Metropolitan Council Improve regional competitiveness in a global economy • FAMILY AFFORDABLE HOUSING PROGRAM FACT SHEET What is the Family Affordable Housing Program? The Metropolitan Council's Family Affordable Housing Program(FAHP)is an affordable family rental housing program. This is one tool Eden Prairie and other suburban municipalities can utilize to help address the critical and escalating need for more affordable housing units. Where will the FAHP be implemented? The Metropolitan Council("Council")hopes to partner with Eden Prairie and several municipalities in suburban Anoka,Hennepin and Ramsey counties. As of May 7, 2001,the following cities have formally committed to partnering with the Metropolitan Council on FAHP implementation: Blaine, Coon Rapids,Minnetonka,Edina, Maple Grove and Golden Valley. How many units will the Council acquire? The Council has committed to completing 150 units by April 2002. We are in receipt of funding for the first 50 units and expect funding negotiations on the remaining 100 units to be complete by summer 2001. We are seeking approval to acquire up to 20 units in each municipality. What types of units will the Council acquire? • The Council will focus its acquisition efforts on single family homes,town homes, and condominiums. The Council may elect to buy residential structures containing up to eight units, however at this time the Council will only purchase multi-family rental dwellings if all units are vacant. Unit sizes will range from two to five bedrooms. How will the FAHP be implemented? In order to avoid the unnecessary displacement of Eden Prairie residents,the Council will acquire residential properties for sale by their owner-occupants. The Council has engaged a real estate professional to assist in the identification of potential properties. The Council has established unit location criteria(attached as Exhibit A)to serve as a guide to the Council's acquisition efforts. In addition,the Council will not buy properties in census • tracks that are"impacted"by race or povertyl. Once a Cooperation Agreement has been executed, Council staff will meet with Eden Prairie staff regarding Council acquisition efforts. The Council wants to coordinate its efforts with Eden Prairie to ensure, for example,that properties are not acquired within city-identified redevelopment zones. • 1 Census tracks may not have a poverty population of 12.2%or more,nor may they have minority population greater that 28.68%. The Council will identify,and subsequently notify municipalities,of any ineligible census tracks. Family Affordable Housing Program Fact Sheet 7 May 2001 Page 1 of 3 • Who will own the FAHP units? The Council will be responsible for and directly own all FAHP units. Who will manage the FAHP units? The Council will retain a professional property management company to provide day to day property management services. Additionally, Council staff will provide professional asset management to ensure all units are managed and maintained according to Council standards and are long-term community and neighborhood assets. What are the Council's property management standards?2 In addition to providing quality affordable rental housing,the Council wants to ensure that its housing is a strong asset to communities. It is our goal that neighbors and other community members cannot ascertain by either the maintenance of the housing,nor by the behavior of residents,that the home is affordable rental housing. Rather,we will ensure that it is another spoke in the wheel of quality stable housing that helps provide a quality, stable community. We • will be responsive and responsible to our residents and communities in ensuring that this goal is continually realized. Who will live in the FAHP Units? Up to 30% of all FAHP units in each municipality may be leased based upon local preferences. To that end the Council will notify families on the waiting lists maintained by the Council for Eden Prairie. These units are designated"Incentive Units". Since the acquisition and operation of the FAHP units will be funded by federal funds made available under the Holhnan consent decree,70% of the units will be made available to Minneapolis families whose rental units were demolished under the consent decree or otherwise are affected by the consent decree. If the Council is not able to lease available FAHP units to Minneapolis families within 30 days,the Council may lease FAHP units to eligible families living in respective cities. What are the Council's resident selection criteria? It is the Council's goal to provide quality, stable, secure homes for families in the region. To that end,it is imperative that resident selection criteria be applied that provides residents with • ample opportunities to succeed and be stable,positive members of residential communities. A draft summary of the Council's Selection Criteria is attached(Attachment B). Will support services be provided to residents? The Council currently operates a Family Self-Sufficiency Program that we anticipate will be made available to FAHP residents as well. We are currently enhancing our program further by implementing welfare-to-work initiatives, and building collaborative partnerships with TANF and job placement providers. We will meet with Eden Prairie staff to obtain information on local employers in need of employees, and will work to build connections between the two. 2 All housing will be operated and maintained according to the Council's Low Rent Public Housing Policies& Procedures. Family Affordable Housing Program Fact Sheet - _ - 7 May 2001 Page 2 of 3 Will property taxes be paid on Council-owned property? State law exempts public housing units from all real and personal property taxes of cities, counties and the state. Rather,the Council is required to pay PILOT,Payment in Lieu of Taxes. Under State law,PILOT payments generally equal five percent of gross rents charged to a family. However, as provided for under federal law, Council PILOT payments for FAHP units will be 10% of gross rents charged to each family. Payments are made annually to the county in which the property is located. The county is then responsible for distributing that payment to the various taxing authorities. Why should cities participate in the FAHP? There are many reasons why cities will choose to participate in the Council's Family Affordable Housing Program: > Quality improvements will be made to all properties purchased by the Council,thus improving the quality of the overall housing stock. > FAHP units will help obtain the affordable rental housing goals detailed in Eden Prairie's comprehensive plan. > At least thirty percent of all FAHP units will be leased to Eden Prairie residents. > Participation in FAHP may potentially gain additional points on upcoming transportation funding applications cities submit to the Council for consideration. > Eden Prairie will be provided with long-term, quality,work-force housing for families. > Eden Prairie residents will not be displaced as the Council will only purchase vacant units or units for sale by their owner occupant. > FAHP units will be rental housing that is professionally managed,with resident screening that will help ensure residents have a successful rental experience. > Appropriate services will be provided to residents,particularly in the area of job attainment and job enhancement. > The Council will work with Eden Prairie staff to ensure acquisition efforts do not interfere with redevelopment plans or opportunities. Family Affordable Housing Program Fact Sheet 7 May 2001 Page 3 of 3 II -MHOP Units - Completed to Date 1. All units are completed unless otherwise noted. .2. All units completed in Hennepin, Ramsey and Anoka Counties were completed by private developers in large mixed-income developments. 3. The Metropolitan Council is approaching cities directly in Hennepin,Anoka and Ramsey Counties. 4. These numbers do not reflect the total number of public housing units in each county. Hennepin County Minnetonka 9 9 Eden Prairie 5 5 •Plymouth 6 6 New Hope 12 12 Maple Grove 5 5 Columbia Heights 3 3 Golden Valley 5 5 St Louis Park 12 12 Mpls - PPL 8 8 Mpls -Scattered Site 80 • 80 Mpls- Urban Village 10 9/1/01 construction start Northside 200 in planning stage Total 355 Ramsey County Moundsview 10 10 Anoka County St. Francis 8 8 Washington County-60 units to be completed by April 2002 Woodbury 28 28 Woodbury 4 in process of acquiring Cottage Grove 12 12 St. Paul Park 1 1 Oakdale 10 10 Stillwater 5 March closing scheduled; May completion . Total 60 Scott-50 units to be complete by April 2002 Savage 11 11 Shakopee 14 14 • Shakopee 8 under construction; June lease-up Shakopee 9 financing complete-soil work underway Shakopee 6 financing complete-completing easement we 2 seeking two scattered sites to acquire Total 50 Carver County-50 units to be complete by April 2002 Other • 10 Victoria 1 Watertown 2 Norwood/Youg America 3 Chanhassen 6 Chaska 20 Watertown 8 Total 50 Suburbs MPLS Total Grand Total 533 Total Built 2/15/2001 - 151 88 239 CITY COUNCIL AGENDA DATE: May 15,2001 SECTION: Petitions and Requests SERVICE AREA/DIVISION: ITEM DESCRIPTION: Request for a 42-Inch ITEM NO: Parks and Recreation Grave Marker at Pleasant Hill Cemetery by Robert A. Lambert Director Dolores Hodge .X_ Stuart A.Fox,Manager Parks & Natural Resource Requested Action No action is required if Council chooses to uphold denial of the request. OR Move to: • Rescind the action to deny Mrs. Hodge's request made at the April 17, 2001 Council; and • Approve the request based on a policy that will consider makers on double graves containing three or four internments to be up to 42"wide. Move to: • Rescind the action to deny Mrs. Hodge's request made at the April 17, 2001 Council; and • Approve the request as an exception for this specific instance based on the information submitted to the City Council by Dolores Hodge. OR Move to: • Rescind the action to deny Mrs. Hodge's request made at the April 17, 2001, Council; and • Approve the request and direct staff to prepare a Resolution modifying the cemetery rules to allow cemetery monument markers to be up to 42"wide on double graves containing three or four internments. Synopsis City staff has received a request from Dolores Hodge to place a 42-inch grave marker at Pleasant Hill cemetery. Staff has spoken with Ms. Hodge several times in the past year, and she is bringing this request to the City Council. Attached is her letter requesting that the City Council grant a variance of Pleasant Hill Cemetery Rules and Regulations, which is operated by the City of Eden Prairie. City Council Agenda 5/15/2001 Request for 42"Marker at Pleasant Hill Cemetery Page 2 Under the Rules and Regulations for Pleasant Hill Cemetery,monument markers are restricted to 12x24 for a single grave or 12x30 inches in size for a double grave. There is a condition that makes it possible for a larger marker if approved by the City. Options Mrs. Hodge spoke to the City Council at the workshop on May 1, 2001 and expressed her interest in returning before the City Council for further consideration of this matter. At that time, she made note that in the Rules and Regulations for the Cemetery that care of the markers is not the responsibility of the City as outlined in the Rules and Regulations. However, the staff has made it a policy to be responsible for any markers that are damaged in the process of digging new graves; namely, any damages to grave markers caused either by the City staff or other contractor is something that the staff would recommend the City be responsible for since it is not in the category of vandalism or damages caused due to tree tipping over or other acts that the City does not have direct control over. Options to Consider Mrs. Hodge indicated her desire to have a 42-inch marker that would span two graves and contain the names of three individuals. The staff would like to propose two options for the Council to consider in light of her request for a 42-inch marker at the cemetery. Options for installation of a 42-inch marker could be conditional on the following: 1. A 42-inch marker be installed across two graves as long as any additional burials on those graves would be cremation burials. That would make it less likely that the monument would have to be removed or damaged during those burials. 2. That a 42-inch marker be installed following full burial on both of these grave sites. Installation of a smaller marker would be done to mark the current grave, and in the future the 42-inch marker. This would be designated through an agreement with the City and placed into the records so that at the time of the last burial a larger marker could be placed thereby eliminating the chance that the marker would be damaged during the process of digging graves. 3. A 42-inch marker can be approved by the Council when the Council determines there are unique circumstances and the grave.owner signs a waiver that agrees the City is not responsible for repair of a broken marker. Background Information When the Board members of the Pleasant Hill Cemetery Association approached the City in 1986 they requested that the City take over operation of Pleasant Hills Cemetery. Pleasant Hill Cemetery had been operated as a public cemetery for approximately 102 years under the laws of the State of Minnesota, and was governed by state laws in terms of operation and management. When the Cemetery Association Board met with City staff they voiced a concern that they were 2 City Council Agenda 5/15/2001 Request for 42"Marker at Pleasant Hill Cemetery Page 3 no longer able to manage the cemetery and desired to have this public cemetery be operated by the City of Eden Prairie. City staff, City Attorneys Office, and City Council discussed the • proposal and accepted the transfer of ownership from the Cemetery Association in December of 1987. At the time of transfer, City staff was requested to put together rules and regulations governing the operation of the cemetery. City staff utilized information from the Pleasant Hill Cemetery Association Board members, the Minnesota Association of Cemetery Officials, the Cities of Anoka,Bloomington, Champlin, and Plymouth. In addition, the City contacted several public cemeteries in Prior Lake, St. Anthony, and Chanhassen. The staff also utilized information from the International City Management Association regarding operation and maintenance of public cemeteries. Based on all the information that was gathered, the City staff in conjunction with the City Attorney's Office put together the rules and regulations that are attached to this memo. In the staff s.research, it was apparent that consistency in rules was needed to successfully operate a public cemetery. At the time that the City accepted the operation responsibilities for the cemetery from the Pleasant Hill Association, they .had put in place several rules and regulations regarding the operation of the cemetery. These included restrictions to flush markers, as well as regulations regarding the number of bodies that could be interned in a grave, as well as the conditions and costs related sale of cemetery lots. The staff took this information and incorporated them into the rules and regulations. Since the previous Association had stipulated flush markers, the staff felt compelled to continue with the information that they had given to individuals that had purchased cemetery grave lots. At the time of writing the rules and regulations, the marker stipulations were the same as what is found in Section 8 of the attached rules and regulations. • A copy of the rules and regulations were distributed to area funeral homes at the time of the transfer of ownership to the City of Eden Prairie. Individuals purchasing a grave lot are also given a copy of the rules and regulations at the time of lot purchase. When staff meets with perspective buyers, we do answer a number of questions regarding not only cost, but also operation of the cemetery, markers, flowers, and miscellaneous questions that interested individuals may ask. As outlined in Ms. Hodge's request she does indicate that there are markers at the cemetery that do not meet the criteria as outlined in the rules and regulations. Staff recognizes this; however, this is the exception and not the rule. The cemetery is comprised of three separate sections and in the first section, which is the oldest part of the cemetery there is a quite a bit of variance that also includes above ground monuments that are not allowed under the rules and regulations in Section 3, the newest portion of the cemetery in which Ms. Hodge's daughter is buried. City staff does not set all of the markers in the cemetery and we have discovered that even though we have made the rules and regulations available to individuals, as well as to several monument companies, there have been a couple of instances where a few markers larger than the allowed size have been placed. The staff has been consistent related to the following: • Information that was given to the City at the time of transfer was that the size of grave markers was to be 12x24 inches for a single and 12x30 inches for double flat marker. 3 City Council Agenda 5/15/2001 Request for 42"Marker at Pleasant Hill Cemetery Page 4 • Marker size information that has been given both verbally and in written form to individuals since 1987 has been consistent. • Maintenance of the cemetery is the responsibility of the City and should a marker be damaged during the process of digging a grave, it would be the City's responsibility to bear the cost of replacing that maker. Another concern that the staff has regarding allowing larger markers involves the digging of new graves, in particular during the winter months when the ground is frozen. When the ground is frozen a heater has to be used to thaw the ground prior to digging. Application of heat to the area increased the likelihood that a marker might be cracked, especially if it straddles two adjacent graves. The larger the monument stone, the more difficult it becomes to work around that grave marker without risking damage. The City is responsible for the markers if they are damaged. Staff realizes that the death of a loved one is a very emotional time and dealing with matters such as selection of a grave and placement of marker does become a very difficult decision for individuals. However, the staff feels that based on the information that we have been utilizing in operation of the cemetery for the past 14 years, as well as the previous Association should be the factor that is considered in this matter. To change the marker size at this time could lead to confusion by other individuals that were told that they needed to purchase a specific size marker, and during a visit to the cemetery would discover that larger markers are becoming more and more frequently placed. This could lead to questions as to why a change in marker sizes was made. Attachments: City of Eden Prairie Pleasant Hill Cemetery Rules &Regulations Eden Prairie City Council With this letter,in lieu.of a personal appearance before the City Council which would be too emotional for me,I would request permission to have a 42-inch grave marker for the double burial plots I recently . purchased for my deceased daughter,Starr Allison Hodge and her surviving twin sister, Stacey Lynne Hodge. Since there are larger grave markers than the size specified for adjoining plots(30"),some 36"and one directly behind Starr's grave of 42", I feel this is a reasonable request. I sincerely hope this request will be granted so I may have the marker installed by the one-year anniversary of her death,May 11,so that this may bring closure to us. Thank you. f ; s �;z .. ✓ i•47` Dolores Hodge 16463 Ellerdale Lane • • Eden Prairie,MN 55346 - • • • • • • 5 • F. The Commission shall make no application to the National Register of Historic Places or to the State of Minnesota for the designation of a historic site or district without the consent of the Council. Subd.3.Membership.The Commission.shall consist of seven(7)members appointed by the Council.Members shall have a demonstrated interest and/or expertise in historic preservation;be residents of the City;and,if available,at least two (2) members shall be preservation-related professionals (including the professions of history, architecture, architectural history, archeology,planning,real estate, or law) and one (1)member shall be a representative of the county Historical Society. Source: Ordinance No.33-99 Effective Date: 10-5-99 TASK FORCES. See Section 2.89. SECTION 2.29. MUNICIPAL CEMETERY. Source: Ordinance No.7-96 Effective Date: 3-8-96 Subd. 1. Name and location. The municipal cemetery,known as the Pleasant Hill Cemetery,is situated upon land within the City limits. Subd. 2. Minnesota Statutes,1990,Chapter 306. Except as otherwise provided for in this Code,the regulatory and procedural provisions of Minnesota Statutes, Chapter 306, (1986), with regard to public cemeteries, is hereby• incorporated herein and adopted by reference in its entirety. Subd. 3. Maintenance and Operation. The Manager of Parks,Recreation and Natural Resources shall advise the Council on all matters pertaining to the development and maintenance of the cemetery, including operation of the cemetery, status of records, upkeep of the grounds, annual budget for operation and upkeep thereof, and use of the cemetery perpetual care fund. The Council may adopt by resolution certain written rules and regulations pertaining to the cemetery. Source: Ordinance No. 14-2000 Effective Date:4-18-2000 Subd. 4. Rules and Regulations Governing Municipal Cemetery. It shall be unlawful for any person to: A. Drive a motor vehicle into the cemetery unless attending a funeral,visiting a relative's or friend's grave site, or carrying on maintenance work authorized by the City. B. Drive or park any motor vehicle across or upon any grave or lot. C. Drive any motor vehicle in excess of ten miles-per-hour within the cemetery grounds. D. Engage in loud or boisterous talking or playing of music. E. Bring food or refreshments into the cemetery or consume them on the grounds. F. Allow dogs or other pets on the cemetery grounds with the exception of seeing-eye dogs. G. Engage in peddling or soliciting the sale of any commodity within the cemetery grounds. • H. • Place signs,notices, or advertisements of any kind within the cemetery grounds. 2/5 1 . • 2 3 28 21 -� 20 13 12 5 4 ,- 9' 9 4' 3 9' 9' Ei 4' 9' • 9' 4' 9' Pleasant Hill Cemetery This is the layout information for the cemetery. It shows the dimensions for graves and placement of the grave • marker. The markers are located on the Z • graves leaving a four-foot walking aisle. When a marker spans two graves it must be moved during the internment process. d . 11111•11111.111 w � Q • 9` w • CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS 1. Interments 1.1 Lot Owners are only granted the right of interment in their lots. The City of Eden Prairie reserves the right to refuse to permit interment of anyone who is not a relative of the owner, by blood or marriage. Written, notarized permission of the lot must accompany all requests for permits to bury persons not members of the immediate family of the lot owner. 1.2 No interment shall be made in the cemetery except upon at least 24 hours notice prior to the time set for the funeral service. 1.3 . No casket shall be interred within the cemetery grounds unless first properly enclosed in a concrete vault or box. Ashes must be placed in an urn prior to burial. 1.4 Prior to interment, in the event that an owner of a lot or funeral director fails or neglects to inform the City of the specific location of where the burial is to take place, the City of Eden Prairie reserves the right to designate the location of said interment. In the event that an owner of a lot or a funeral director fails or neglects to inform the City of specific dimensions of the vault to be used in said interment, the City shall assume the dimensions to be that of a normal, average vault, and shall act thereon without assuming any liability in the event that the actual dimensions are different. Information as to the specific location of the • intended interment and the specific dimensions of the vault used therein shall be given to the City in writing. Any mistakes or errors made in the location of interment or size of grave occurring as a result of receiving oral information, or incomplete or incomprehensible written information, shall not result in any liability on behalf of the City. 1.5 The owner of the lot and/or funeral director shall be responsible for procuring the interment permit and shall be responsible for properly identifying the body to be interred before it is placed in the vault. In the event any mistakes or errors are made as to the information in the interment permit or as to the identification of the body, the City shall not be held liable. 1.6 No interment of two or more bodies shall be made on one_grave except in the following cases: (1) A parent and child may be buried in one casket. (2) Two infants may be buried in one casket. (3) Two urns of ashes may be buried on one grave. (4) One body in a casket and one urn of ashes may be buried in one grave. • 1.7 No interments may be made in the cemetery unless all the ordinances, rules, and regulations regarding interments have been complied with and until the purchase price of said lot and all burial fees are paid, or arrangements have been made with the City to pay for such costs. 1.8 No interment or removal shall be permitted on any Sunday or any legal holiday, except in the case of death attributed to a contagious disease. . 1.9 The cost of interments, including the burial of ashes, shall be determined by the City, and is subject to change. A current fee schedule may be-obtained at the • City offices. 2. Delay of Interment 2.1 The City of Eden Prairie will not be liable for'any delay in the interment of a body when a protest to the interment has been made or where failure to comply with rules and regulations result in delay of interment. 3. Disinterments • 3.1 Before any grave may be opened for any purpose, written permission of the next- of-kin of the body to be disintered shall be filed with the City, along with written permission of the lot owner, unless said lot owner is predeceased. Notice of disinterment must be given to the City at least one (1) month prior to the scheduled event. This provision does not apply when disinterment is ordered by a duly authorized public authority. • 3.2 The costs of disinterments shall be determined by the City, and shall be the same as the current cost of interments. 4. Conditions of Lot Purchases • 4.1 All lots will be sold subject to these rules and regulations and any amendments or adoption thereto. The purchaser shall expressly agree, in the deed conveying the lot, that their rights are subject to such reasonable rules and regulations as the City Council may adopt. The deed, as well as these rules and regulations and any amendments thereto shall constitute the complete sale agreement between the cemetery and the lot owners. • 4.2 No lot shall be used for any purpose other than the burial of human remains and the placement of appropriate memorials, pursuant to the rules and regulations of . the cemetery. 4.3 No easement or right of interment is granted to any lot owner in any road, drive, alley, or walkway within the Pleasant Hill Cemetery, but such road, drive, alley or walkway may be used as a means of access to the owner's cemetery lot or lots. 4.4 In the event any errors are made by the City or agent thereof in making interments, disinterments, or removal, or in the description, transfer or conveyance of any interment property, the City shall have the right to correct such error by: (a) canceling such conveyance and substituting and conveying in lieu thereof another interment property of equal value in a location to be determined by the City, or (b) refunding the amount of money paid on account of said purchase. 5. Purchase of Lots 5.1 All fees, costs, or charges shall be set by the City and are payable to the City of Eden Prairie at the City offices located at 8080 Mitchell Road, Eden Prairie, Minnesota. 5.2 Upon full payment of the purchase price off the lot or lots, the City of Eden Prairie will issue a cemetery Deed conveying the lot, executed by the.City, and the Deed shall be recorded in the records of the City. Description of the lots will be in accordance with the cemetery plats, which are kept at the City offices. 6. Transfer of Lots 6.1 . In order to. transfer a cemetery lot to another, the owner must complete a Transfer of Ownership document provided by the City, and have the same signed by a witness and notarized by a Notary Public. The Transfer of Ownership document must be reviewed and approved by the City prior to the transfer of a lot by the owner. The owner of a lot may transfer said lot to: (1) The City of Eden Prairie at the original sale price, or if the original price is unknown, the resale price shall be the current sale price for a similar lot; (2) any surviving relative by will for the use and benefit of the person designated in the will; (3) any person who is a resident of the City of Eden Prairie; or (4) any other person approved by the City of Eden Prairie upon application by the owner of the lot. When a transfer has been made in conformance with these rules, the City will issue a deed to the new owner upon surrender, of the prior deed belonging to the previous owner. The surrendered deed will then be canceled and retained by the City. I lt� 6.2 No lot or grave will be permitted to be re-sold, disposed of, or otherwise used until the purchase price, and all unpaid fees, costs or charges have been paid in full. 6.3 No cemetery lot or grave may be re-sold or otherwise disposed of without prior approval of the City. 6.4 Lot owners may not allow interments to be made on their lots for remuneration . unless the transfer of lot process has been completed and approved by the City. 7. Descent of Lots 7.1 On the death of a lot owner, such lot shall be granted and conveyed by the City to any of the deceased's parents, descendants or siblings, pursuant to the • Minnesota Intestate Succession Laws, Minn. Stat. §525.14, who are qualified to be buried therein, unless provided for by will. The City may request such evidence as it may deem necessary to prove that the lots in question are received by the person who would be entitled to receive them. 8. Markers 8.1 Every grave marker must be placed in the space reserved therefor as shown upon the plat of such lot, or as directed by the City. 8.2 No monuments will be allowed in the cemetery; only flat grave markers of sizes specified by the City will be allowed therein. Marker size shall be limited to. 12"x24"x4" for a single, flat maker and 12"x30"x4" for a double, flat marker, unless otherwise approved by the City. 8.3 No marker, nor any part thereof, may be constructed of limestone, sandstone, or any artificial material. 8.4 No foundation will be required for markers, which shall be set level with the ground. All markers will be set by City of Eden Prairie personnel or by private contractors who must contact the City to receive adequate instruction related to proper placement. 8.5 Four-inch wide white, cement skirts around markers will be allowed in the cemetery. It will be the responsibility of the owner to have the marker set, however in the event it is set in the white cement, the City shall supervise the work. Any contractors and others involved in such activity must notify the City before commencing any work thereon. 8.6 No marker may be placed in the cemetery until payment of the entire marker setting fee have been made to the City of Eden Prairie. • 141 • 9. Permanent Care 9.1 The general care of the cemetery is assumed by the City and includes the following: (1) cutting of grass at reasonable intervals; (2) raking and cleaning the grounds; (3) pruning of shrubs and trees; and (4) maintaining the general preservation of the lots and grounds, walks, roadways, boundaries, and structures. The general care of the cemetery may be awarded by contract to private firms by the City, if desired. 9.2 General care of the cemetery assumed by the City shall not include the maintenance,.repair, or replacement of any grave marker or memorial placed or erected upon lots, not shall it include any special or unusual work in the cemetery. • 10. Landscaping Improvements and Decorative Foliage 10.1 Plants and flowers may be placed in pots on stands at grave sites. The City or any of its employees will not be responsible for the damage or destruction to any flowerpot or vase placed directly on the ground. Flowers placed directly on the grave will be removed prior to routine cutting of the grass. 10.2 No trees, shrubs, or vines maybe planted, nor may any fences be erected by any private party on the cemetery grounds. The City reserves the right to remove any tree, shrub, vine, plant, or flower which may become unsightly, dangerous, diseased, or not in keeping with the landscape design of the cemetery. 10.3 Pots and stands should be removed by November 1st of each year and can be replaced at the appropriate grave site beginning May 20th of each year. If pots and stands are left year-round, the City shall not be responsible for the damage, destruction, or loss thereof. 10.4 All landscaping, grading and seeding shall be done by the City of Eden Prairie and its designated employees or contractors. All graves will be seeded and kept • flush with the adjacent ground. 10.5 The City will make water available to lot owners for care of flowers and plants in pots and stands from May 20th to October 20th of each year, depending on the weather and/or general availability of water. 11. Cemetery Management 11.1 The responsibility for the management of the Pleasant Hill Cemetery and all matters related thereto shall be vested in the City. Ila, 11.2 The Eden Prairie Parks, Recreation and Natural Resources Department shall be responsible for the care and maintenance of the cemetery. 12. Hours • 12.1 The cemetery will be open daily to visitors during the hours of 7:00 a.m. to sunset. Permission to enter at all other times shall be secured from the City. The city reserves the right to refuse admission to the cemetery and to refuse the use of any of the cemetery's facilities, at any time, to any person or person whom the City may deem objectionable in consideration of the best interest of the cemetery. • 13. General Provisions • 13.1 Persons within the cemetery shall use only the paths and walkways, and no one is permitted to walk upon or across lots or graves unless it is necessary to do so to gain access to one's own lot. The City expressly disclaims any liability for any injuries sustained by anyone violating this rule. 13.2 Persons visiting the cemetery or attending funerals are strictly prohibited from writing upon, defacing, or injuring any memorial and from breaking or injuring any tree, shrub, plant or other structure within the cemetery grounds. 13.3 The following acts in addition to any other applicable violations of City ordinances and regulations, are expressly prohibited: (1) The driving of motor vehicles into the cemetery, unless attending a funeral, visiting a relative or friend's grave site, or carrying on Maintenance work authorized by the City. • (2) The driving or parking of any motor vehicle across or upon any grave or lot. (3) The driving of any motor vehicle in excess of ten miles-per-hour within the cemetery grounds. (4) Loud or boisterous talking or music. (5) Bringing lunches or refreshments into the cemetery or consuming them on the grounds. (6) Dogs and other family pets are not permitted on the cemetery grounds, - with the exception of seeing eye dogs. (7) Peddling or soliciting the sale of any commodity within the cemetery grounds. PI 3 (8) Placing of signs, notices, or advertisements of any kind within the cemetery. (9) - Bringing firearms into the cemetery except by military escort accompanying a veteran's funeral, attending memorial services, or by police officers. 13.4 Special cases may arise in which the literal enforcement or interpretation of a rule may impose an unnecessary hardship. In such cases the City reserves the right to make exceptions, suspensions, or modifications of any of these rules and regulations, when the City deems that such action appears to be necessary. Such a temporary exception, suspension, or modification shall.in no way be construed as affecting the general application of such Rules and Regulations. • -13.5 The City of Eden Prairie reserves the right to remove all monuments, markers, flowers, plants, trees, decorations or other similar objects whenever they become unsafe or unsightly without incurring any liability to any party. 13.6 Specific costs for lots, interments, disinterments, burial of ashes and setting markers are not included in these Rules and Regulations since these are set by resolution of the City Council. A current schedule of fees can be obtained at the City offices. 13.7 The City of Eden Prairie reserves the right to amend these Rules and Regulations whenever it is determined that it is in the best interest of the cemetery to do so. The City is not required to give notice of such intended action to any person. cemetery/Stu60 December 28, 1994 1/ CITY COUNCIL AGENDA DATE: May 15, 2001 SECTION: Director of Public Works SERVICE AREA/D , SION: ITEM DESCRIPTION: ITEM NO.: Public Works Amendment to Developer's Agreement with Eugene A. Dietz ADC Telecommunications,Inc. E., Requested Action • Move to: Approve first amendment to . Developer's Agreement with ADC Telecommunications, Inc. regarding improvements to Technology Drive. Synopsis The City attorney and staff have negotiated an amendment to the Developer's Agreement with ADC to resolve financial issues regarding the proposed improvements to Technology Drive. The resulting amendment follows the intent of the original Developer's Agreement and tax abatement agreement, but more clearly defines the responsibilities for design costs, location of the roadway (and related costs) and City responsibilities for upgraded intersection improvements at Mitchell/Technology Drive. Background Information In July, 1999, the City of Eden Prairie entered into an agreement with ADC regarding the conditions of development, which included the terms for reconstruction of Technology Drive between Mitchell Road and Purgatory Creek. In 2000, a number of issues arose regarding the agreement — specifically the "soft costs" that would be incurred by the City and by ADC for design and management of the project. In addition, deferment of the project due to the Mitchell Road closure and the precise location of Technology Drive within the right-of-way were issues that needed resolution. Briefly, the` first amendment to the Developer's Agreement with ADC contemplates the following: • No change to the tax abatement agreement • Each party — City and ADC — will absorb their own "soft costs". Soft costs would be defined as staff time, attorney time, design costs and project management costs. • To the extent that the project might exceed $2 million, ADC has agreed to pay the additional costs that would be associated with keeping Technology Drive centered within the right-of-way (staff preferred a shift in the alignment to the south to avoid wetland issues and additional construction costs). • • In order to maintain the current centerline, a small amount of wetlands will be filled along the north side of Technology Drive. The primary location of this wetland filling is the"ditch line"immediately south of St. Andrew Church. ADC has agreed to absorb all costs associated with wetland mitigation and provide that mitigation on their site. • For purposes of computing the amount of tax abatement, ADC soft costs will be utilized. This means that the entire $1.4 million contemplated in the tax abatement agreement will be returned to ADC. • To the extent that the project exceeds $2 million and for that portion that would be attributable to ADC for maintaining the centerline alignment of Technology Drive, the City will have the responsibility to re-design the intersection of Technology Drive or add additional funds to the project. It is the staffs' position that the contemplated intersection improvements are critical to the function of both Mitchell Road and Technology Drive. The estimates indicate that the project can be constructed for $2 million, but if that amount is exceeded, staff will return to City Council for an additional funding request utilizing TIF dollars. Two exhibits will be attached to the agreement: 1. The layout plan for Technology Drive and the intersection is Exhibit No. 1 to the amended Developer's Agreement. The Director of Public Works will briefly review the layout plan as part of the presentation for the item. 2. A list of specific contract items and quantities to maintain the centerline location of Technology Drive is attached to the agreement as Exhibit No. 2. This element of the agreement identifies the specific contract items for which ADC would be responsible in the event the project exceeds $2 million. These attachments are not included in this transmittal, but will be presented by the Director of Public Works along with an overview of the entire amendment at the council meeting. Staff recommends that the amendment be approved by City Council as presented. Attachment First Amendment to Developer's Agreement G:1SSAIOOUNCIL 2001 WDC-First Amendment to Developers Agreement 05-15-01.doc FIRST AMENDMENT TO DEVELOPER'S AGREEMENT ADC TELECOMMUNICATIONS,INC. This First Amendment to Developer's Agreement is entered into as of this day of . May, 2001, by ADC Telecommunications, Inc., A Minnesota corporation hereinafter the "Developer" and the City of Eden Prairie, a Minnesota municipal corporation hereinafter the "City." ty. RECITALS: • A. Developer and City entered into a Developer's Agreement as of July 20, 1999, (the"Developer's Agreement"). B. Section 4 of the Developer's Agreement provides for the design and construction of certain Road Improvements. C. The parties wish to further define and clarify the Road Improvements and the elements of the costs thereof and other matters and to amend the Developer's, Agreement, more specifically Section 4 thereof, to reflect such definition and clarification. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings,the parties agree as follows: The Developer's Agreement is amended by amending Section 4 entitled "Road Improvements"as follows: 4. Road Improvements: A. Definitions. The following terms used herein shall have the following meanings: i. "Road Improvements," shall mean those improvements to Technology Drive and the intersection of Technology Drive and Mitchell Road as described in the Layout Plan, entitled Exhibit 1, '3 attached hereto and made a part hereof. ii. "Road Improvements Costs," include, and are limited to, the Hard Costs, the Centerline Costs, and those Soft Costs incurred by Developer. iii. "Hard Costs" consist of those amounts earned by a contractor or if more than one, the contractors, in accordance with the contract or contracts (described in Section 4.B. hereof) for the construction of • the Road Improvements, excluding any which consist of Centerline Costs or Soft Costs as defined hereafter. iv. "Soft Costs" consist of the costs of preparing the Layout Plan, the plans and specifications, the bidding documents, construction supervision and inspection provided by Developer's consultant or consultants, Developer's internal staff costs and Developer's attorney's fees incurred with respect to the Road Improvements. v. "Centerline Costs." The City is of the belief that the least costly alternative for the Road Improvements would be to locate that part of Technology Drive to be widened along the southerly side of Technology Drive so that the centerline of Technology Drive after the Road Improvements would lie to the south of the current centerline of Technology Drive ("City's Preferred Layout"). Developer wishes the widening of Technology Drive to be made so that the centerline of Technology Drive as widened would remain in the approximate alignment of the present centerline. The parties acknowledge that in doing so, the cost of the Road Improvements will increase. The "Centerline Costs" are therefore, those costs resulting from the alignment of Technology Drive, upon completion of the Road Improvements, so that its centerline is y approximately along the present centerline of Technology Drive which exceed the costs for the Road Improvements if constructed in accordance with the City's Preferred Layout. The Centerline Costs will be those costs determined from the contractor or contractor's bid or bids for the items and quantities related to maintaining the current centerline of Technology Drive (between Station 50 + 22.80 and Station 66 + 77.10) described in Exhibit 2, attached hereto and made a part hereof. B. Design, Bidding and Construction. Developer has provided the Layout Plan, Exhibit 1, and will provide the design, plans, drawings and specifications and contract bid documents in accordance with City standards subject to approval by the City Engineer. Pursuant to the Developer's Agreement the City delegates to Developer the design and construction of the Road Improvements. Upon approval by the City Engineer, Developer shall solicit bids for the construction of the Road Improvements pursuant to M.S. § 471.345 et seq. and the public bidding and contract requirements for public improvements. Subject to receiving • the consent of the City, Developer shall award its contract or contracts for construction to the lowest responsible bidder or bidders and shall cause the Road Improvements to be completed. Change orders to the contract for construction of the Road Improvements shall require approval by the City and Developer. C. Right-of-Way. The City will acquire or provide any additional right-of- way or easements required for the Road Improvements along the northern side of Technology Drive and in the southwest, northwest and northeast quadrants of the intersection of Mitchell Road and Technology Drive prior to the start of construction. Developer shall provide at its cost all other A5 right-of-way. D. Payment of Road Improvements Costs. Wetland and Wetland Costs. Developer shall pay the entire Road Improvements Costs provided, however, Developer shall not be obligated to pay any Hard Costs in excess of$2,000,000. In addition, Developer shall provide such land necessary for the replacement, as required by law, of any wetlands that must be altered for the construction of the Road Improvements and shall construct the replacement and bear the cost thereof, and all costs associated therewith, (including, but not limited to, those incurred for services of designers, contractors, attorneys and other consultants). E. Hard Costs Adjustments - Rejection of Bids. In the event the Hard Costs bid or bids for construction of the Road Improvements exceed $2,000,000, the City will have the option of (i) reducing the scope of the Road Improvements (but not a reduction of Technology Drive to fewer than four lanes or elimination of right-turns lane into Developer's property) so that the Hard Costs do not exceed $2,000,000 or (ii) reimbursing Developer to • the extent that the Hard Costs exceed $2,000,000, in which event the City shall reimburse the Developer within thirty (30) days of receipt of invoice from Developer, accompanied by appropriate and customary underlying substantiation. In addition, City shall have the right to require Developer to reject all bids and to require Developer to solicit new bids for the Road Improvements in accordance with Minn. Stat. § 471.345, et seq. and the public bidding requirements for public improvements. F. Enhancements and other City Obligations. Subject to Developer's approval, and at City's cost,the City may choose to incorporate any of the following enhancements into the contract to construct the Road Improvements: Decorative Planters $ 10,000(estimated cost) Pedestrian Lighting 150,000(estimated cost) Signal Interconnect 5,000(estimated cost) TOTAL $165,000(estimated total cost) The enhancements are not included in the terms, or a part of the definition of, Road Improvements as used herein. City will be responsible and pay for its own attorney's fees and staff time incurred with respect to the Road Improvements. City will not charge any fees for city permits relating to the Road Improvements. G. Completion Date. Developer shall complete the Road Improvements by November 30, 2002, subject to Unavoidable Delays. The term "Unavoidable Delays" are delays caused by strikes, fire, road weight restrictions, material shortages,weather that renders construction progress impossible, causes outside of the Developer's control, events similarly described as unavoidable delays in the contract with Developer's general contractor, casualty to the Road Improvements, or the actions of any Federal, State or local governmental agency or board, except those acts of the City authorized or contemplated by this Agreement, but including any delays in securing the Public Bids as described above. The completion date for construction of the Road Improvements shall be extended by any period(s)of such Unavoidable Delays. H. Nothing contained herein shall amend or modify the rights or responsibilities of the parties with respect to the Tax Abatement • Agreement entered into between the parties and dated July 20, 1999. /7— IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. ADC TELECOMMUNICATIONS,INC. CITY OF EDEN PRAIRIE Jean L.Harris, Mayor Its Chris M.Enger, City Manager STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001,by Jean L. Harris and Chris M.Enger,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of ,2001 ,by the of ADC Telecommunications,Inc, a Minnesota corporation. Notary Public EP\ADC\lst Amend to DA.0509.01