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City Council - 02/18/2003
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,FEBRUARY 18,2003 CITY CENTER 5:00-6:25 PM,HERITAGE ROOM II 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert,Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER • II. APPROVAL OF AGENDA III. DISCUSSION TOPICS • Clean Air Task Force • Council Expansion • Council Compensation • Board of Adjustments and Appeals IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) A. EDEN PRAIRIE COMMON GROUND—Drake Talbert VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT lel 'I&City of Eden Prairie 8080 Mitchell Road•Eden Prairie,MN 55344-4485•edenprairie.org•952-949-8300•TDD 952-949-8399 Office of the City Manager Memorandum #2003-009 DATE: February 14, 2003 TO: Mayor and City Councilmembers FROM: Scott H. Neal, City Manager RE: City Council Workshop for February 18, 2003 The City Council's February 18, 2003 Workshop will consist of a discussion of four matters that have been suggested by Councilmembers as topics for Workshops. The intent of scheduling these four matters on this agenda is to gather feedback on the relative level of Council support for dedicating future Workshop time to these issues. A summary of the issues is as follows: 1. Clean Air Task Force—At the conclusion of the Council's 2002 discussion of the clean indoor air issue, the Council reached a consensus that a future task force might be appointed to study the issue in more depth and to offer recommended public policy changes back to the Council. Earlier this year the Minnesota Depaitiiient of Health announced that it was planning to implement new rules for indoor air quality. Given the Department of Health's plans, does the Council wish to revive its consideration of the proposed task force? If so, is the Council interested in the task force structure that I have proposed [see attached], or is there a different task force structure that is preferred by the Council. 2. Council Expansion—Several Councilmembers have discussed the concept of expanding the number of members on the City Council from five to seven. What level of support does this issue have among the Council? What priority does the Council wish to assign to this issue? 3. Council Compensation—The compensation level of the Members of the Eden Prairie City Council is modest compared to comparable suburban communities. Is there interest in studying the compensation of the City Council? Note: proposed changes to the Council's compensation, if adopted, could not be implemented until January 1, 2005, pursuant to State Statutes. 4. Board of Adjustments &Appeals—The Board of Adjustments &Appeals (BAA)has discussed the proposal of dissolution and transferring its authority to judge variances to the Community Planning Board. The Chairperson of the BAA has proposed this concept to the Council [see attached]. Staff recommend the proposal and seek the Coumcil's thoughts on this issue. 53 p -,r_t,tt,P__ 0 "The City of Edn Prairie Public Safety Services 8080 Mitchell Road•Eden Prairie,MN 55344-2229•edenprairie.org•952-949-6200•TDD 952-949-8399 Jan. 27, 2003 Mayor and City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, Mn. 55344 RE: Potential combining of Board of Adjustments and Appeals(Variance Board)with Community Planning Board Dear Honorable Mayor and Members of the City Council: At past meetings, the Board of Adjustments and Appeals have discussed the potential combination of the Variance Board with the Community Planning Board. Variance Board members are aware of the board/commission reorganization that began a few years back. Some benefits of combining the two groups would be a shortened review process for applicants by having the opportunity of two meetings per month, consolidating two groups for continuity, and reduce the number of boards and commissions that need to be filled. Over the past two years the Variance Board has averaged one item/month. The Board has experienced 2-3 month intervals without meetings due to lack of applications. In 2001 the Board met 5 out of the 12 months handling 11 items, in 2002 the Board met 10 out of the 12 months handling 12 items, and for 2003 the Board has had no items for January, February, or March at this time. Therefore, the members of the Board of Adjustments and Appeals do not object to the dissolution of the Variance Board and the combining of the functions into the Community Planning Board. • Some members of the Variance Board have expressed their desire and willingness to serve on the Planning Board at such time vacancies occur. Respectfully • Cliff Dunham, Chairperson Board of Adjustments and Appeals cc: Scott Neal, City Manager 0 The City LT[ Eden Prairie 8080 Mitchell Road•Eden Prairie,MN 55344-4485•edenprairie.org•952-949-8300•TDD 952-949-8399 DATE: October 11, 2002 TO: Mayor and City Council FROM: Scott H.Neal, City Manager RE: PROPOSED COMMUNITY INDOOR AIR QUALITY TASK FORCE The Council has discussed many variations of the proposal to establish a community task force to discuss and recommend ideas to the Council on ways the City Council might promote a healthier environment in Eden Prairie through the improvement of the quality of indoor air in our community. As a starting spot for the formal discussion of the establishment of such a task force, I offer the Council the following proposed organizational structure: Task Force Objective To prepare a set of recommendations and initiatives for the City Council to consider implementing which will increase the quality of the indoor air in Eden Prairie. Task Force Membership Membership would consist of community stakeholders, as defined by the City Council. There would be two types of members on the task force: voting members and ex officio members. The task force would consist of at least seven, but not more than 15 members. Members of the City Council would nominate persons to serve on the task force. The Mayor would prepare and submit a slate of persons proposed for appointment as voting members to the task force. The Council would approve the Mayor's slate of appointments. The Council would also designate the ex officio members of the task force. Task Force Support The City Manager will provide administrative support to the task force by appointing a management staff and clerical staff members to serve as liaisons to the task force. Task Force Areas of Inquiry The task force will consider recommendations for the City Council in the following policy areas: 1. Information&Education A. Consider initiating a public awareness campaign for indoor air quality. B. Consider initiating a City program to recognize property-owners who take steps to improve their indoor air quality. n__,:_ ;_I ,;; 2. Legislative A. Consider the establishment of new indoor air quality measures with scientifically determined thresholds and penalties for non-compliance. B. Consider the establishment of new permits to cover the cost of increased enforcement efforts. C. Consider technology that will be accepted for compliance with any legislative initiative. 3. Political A. Consider advocacy for adjoining cities to adopt similar legislative initiatives. B. Consider advocacy that Hennepin County adopt similar legislative initiatives. C. Consider advocacy that the State of Minnesota adopt similar legislative initiatives. Task Force Timeline The task force will meet twice each month, on a schedule to be determined by the members, beginning in January 2003. The task force shall make its final report to the City Council in December 2003. Summary This is one idea for the establishment of a task force to consider further ideas for the improvement of indoor air quality in Eden Prairie. There are an infinite number of ways this task force could be organized. It is important for the Council to provide input on this proposal before it can proceed any further. APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, OCTOBER 15, 2002 CITY CENTER 5:00- 6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, Public Safety Director Jim Clark,Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 5:35 p.m. She reminded everyone that the next Council meeting,which would normally be held November 5 (election day),has been moved to November 12. II. APPROVAL OF AGENDA III. SECOND HAND-SMOKE Tyra-Lukens said the second hand smoking ordinance for city-owned properties would be discussed, as well as formation of a task force. City Manager Scott Neal referenced his memorandum to Councilmembers dated October 11,2002. The memorandum outlines ideas for establishing an indoor air quality task force,which Neal drafted to be used as a starting point for the Workshop discussion. The task force would prepare and present to the Council a list of recommendations and initiatives to help improve indoor air quality. The task force would consist of two types of members: voting members and ex officio members. The City Manager's Office would provide administrative support. The task force would address the following areas: information and education, legislative, and political. The task force would make a final report to the Council in December 2003. Tyra-Lukens said it seemed too long to wait until December of 2003 for a report. Neal said the long time frame was based mainly on the large size of the proposed group (from 7 to 15 members). Councilmember Mosman suggested having the task force prepare a mid-year progress report. Councilmember Case said he envisions this as an action task force and not a study task force. He would like to see some things actually happening by after the first or second meeting. Councilmember Luse said he has been sensing"some groundswell for an idea that is a little bit out of the box." He said the Council has heard a great deal of input on the smoking issue, and some people have gotten together and come up with an idea that could bring good out of the bad. Luse said that as part of his business in Sioux Falls,he has become aware of a program called"Forward Sioux Falls." Forward Sioux Falls is a nonprofit organization of individuals,businesses, schools, and city officials. The organization works to promote Sioux Falls as a great place to live and work. Luse said he envisions a"Forward Eden Prairie"that would celebrate Eden Prairie for all the great things it is. Luse said the smoke-free initiative could also be addressed by this group. Luse said he believes this group could raise a million dollars by promoting the mission of celebrating this town. The group would be empowered to make recommendations on second hand smoke,but would not be a"smoke-free"task force,per se. Luse said the atmosphere is Sioux Falls is noticeably different than in Eden Prairie. He said it"feels like a pro-business,pro-people town." Case asked if Luse was suggesting that"Forward Eden Prairie"would replace a proposed smoke-free task force. Case said he likes the"Forward Eden Prairie"idea but does not think it should replace a task force with a specific mission to improve indoor air quality. Mayor Tyra-Lukens said some of the information and education portions of promoting a smoke-free Eden Prairie could be taken on by a group like"Forward Eden Prairie." Case said the objective stated in Neal's memorandum could be stronger. He would like to see some immediate results on gaining voluntary compliance from businesses. Councilmember Butcher said it sounds as if each of the Councilmembers has a slightly different vision for the task force. She said if they can agree on goals for the task force, that will define the work. She said it will be important to determine what they want as an outcome. She asked if there is anyone on staff who is trained in consensus building. Luse said he still thinks "Forward Eden Prairie" could be the vehicle to approach this work. Case said that while he is excited about Luse's idea, he feels the City needs a strategically directed group for the specific purpose of reducing environmental tobacco smoke exposure,but perhaps Luse's group could be spawned from that. Councilmember Mosman said that the task force and Forward Eden Prairie may have some of the same members. Case said he agreed with Butcher's idea of using a consensus builder to facilitate the task force. He stressed that the task force is not meant to be a forum for debate,but rather a way of determining what they can do through cooperation. Neal said his vision of the task force is that they would report to the Council with a list of recommendations,but that they Council can choose to give the group a more detailed charter. Luse said he feels that the City is "wounded on some fronts," and that the current perception is that of"business versus the City." Forward Eden Prairie would be positive on all fronts. Case said membership on the task force will be critical to a successful outcome. The members must be people who want to see progress on this issue. Luse asked the other Councilmembers for a"quantifiable conclusion" from the meeting's discussion. Neal suggested attempting to come to consensus on the Ordinance regulating second-hand smoke on City properties and the Resolution to the State. Case said he wants to see a consensus-building task force work on moving toward voluntary compliance to reduce second-hand smoke. Tyra-Lukens said it will be important to get members from all aspects of the issue. Case it is critical to get people at the table that have the ability to really make changes. He wants to get all the stakeholders in the room, make concrete progress, then publicize it. Butcher asked for clarification on what the Council was looking for in a task force. She asked if they are asking for a list of recommendations or a list of restaurants that aren't participating,which she is afraid would have negative overtones. Luse said, "The reality is that it will look like that because this has become a political issue." Case said a task force should at least work toward finding minimal levels of agreement,then publicize those organizations that choose to participate. Butcher reiterated that"it's all about process,"which is why the Council should set out clear goals before appointing a task force. Case said the Council has come through a tough six months, and they should take the opportunity to capitalize on the movement and momentum they have going toward this issue. If the Council can make visible progress on this issue, they can go to other communities and the State and get some attention in St. Paul. Luse said he doesn't think this strategy will be successful. Rosow said the Council has the option of setting quantifiable goals that the task force could go out and attempt to meet. Luse said that won't work because it would be another instance of"telling them what to do." Luse also said the task force must have a budget to work with. Butcher said funding will require a multi-pronged approach, with a staff member assigned the task of locating and applying for grants. Neal said he understands the input provided by the Council and will redraft his task force memo to reflect it. Tyra-Lukens asked if the Council should start gathering names for a task force. Neal said they should do so. Case asked if the ordinance and resolution discussion could take place during the regular council meeting since time was running short for the workshop. Luse said he had some specific suggestions on crafting an ordinance that was consistent and would not allow those with a"bias to take it and run with it." Butcher suggested holding a workshop to further discuss the ordinance. Tyra-Lukens said she wants to finish the discussion tonight. Case said Council might want to consider delaying implementation for a year, similar to the school district, so employees have a chance to quit smoking. Council agreed to move the discussion of the ordinance and resolution to the regular Council meeting since it was time to move on to the Open Forum portion of the agenda. IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) A. PAUL WENDORFF Paul Wendorff said he was appearing before the Council to "clear the air"on his stance regarding the smoking ban. He that while he is against a ban,he is not a lobbyist and is not being paid by anyone. He said a grass roots organization had formed in recent months in response to the Council's proposed smoking ban. Membership in the organization is diverse and includes attorney Thomas Briant and a number of local businesses. Wendorff said, "This is not about big tobacco." Wendorff said he met with Councilmember Butcher for coffee on September 18 and sketched out on a napkin an ordinance very similar to the one the Council was considering tonight. He said this ordinance is great. He encouraged the Council to "just leave businesses alone." He said individuals on both side of this issue have been hassled, and it is time to put this to rest. Wendorrf looked at Councilmember Luse and said, "Dave, I'm not going to go into the areas you wanted me to go investigate. I'm going to lay that to rest." Luse responded by saying he thinks Wendorff is a wonderful person,but it was important on this issue to be very careful to articulate on his comment. Luse wanted it to be clear that he had not instructed Wendorff to do something. Luse asked Wendorff to refrain from claiming that he is following up on issues at his (Luse's) direction. Wendorff said that business is precarious and it is time to heal wounds. His grass roots organization will remain vigilant. Wendorff said, "Good luck. Let's move on." Tyra-Lukens pointed out that the Council has been working on many issues in addition to the smoking ban. Case said he does not wish the last six months had not happened. He said the smoking debate has been an incredible example of democracy in action. He thanked Mayor Tyra-Lukens for her leadership in taking the Council through this process. B. PAUL HEMPE,TRAILS WITHOUT RAILS Mr. Hempe thanked the Council and City Manager for their discussions with his group on LRT issues. He said they greatly appreciate the resolution on LRT and the City's pledge of support. He said he would leave a notebook full of information on LRT and transportation issues with the City Manager to share with the Council. He said his group is skeptical of Hennepin County's bias on this study. Luse said the groundswell of support from Trails without Rails will make a difference in this process. C. JEAN FORSTER, PRESIDENT,MN SMOKE-FREE COALITION BOARD Forster explained that the MN Smoke-Free Coalition was formed 18 years ago, and includes 18 organizations, including Hazelden,tobacco researchers and others. Forster said she found it disturbing that after Mayor Harris' death, the Council has moved to protect City workers from second-hand smoke but not to protect other workers in the City. She said her organization knows the second- hand smoke issue has to be advanced by local governments before it will be considered at the state level. She said she feels the Council's resolution to the state is an empty one. She said the idea of task forces has been advanced by the tobacco industry for over a decade, and that task forces have failed to make a difference. She said it is a shame that this Council will not be among those passing an ordinance. Councilmember Case said he appreciated Forster's sentiment,but he was frustrated by the chastising. He thought the Council should be commended for continuing the fight by proceeding with a task force. VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) Eden Prairie resident, Jeff Strate, said he was concerned about the item on the Council Agenda to allow construction of a tree fort in a conservation scenic easement. He said he thinks this motion will open a flood gate of similar requests. He pointed out that development in this area of the City was allowed only after the developer agreed to such an easement. Council agreed to move the Agenda item to a place on the agenda where more discussion can take place before a vote. VII. ADJOURNMENT 0 „fig cifs of Eden Prairie MEE 8080 Mitchell Road•Eden Prairie,MN 55344-4485•edenprairie.org•952-949-8300•TDD 952-949-8399 Office of the City Manager Memorandum #2002-046 DATE: November 5, 2002 TO: Mayor and City Council FROM: Scott H.Neal, City Manager RE: Proposed Community Clean Indoor Air Task Force As we are about resume discussion of the proposed community task force chartered to improve the indoor air quality of buildings in Eden Prairie, I want to introduce a new decision-making model for the Council to consider. The decision-making model that I am suggesting the Council consider concerns the method it uses to appoint and manage an ad hoc citizen task force. The suggested model focuses Council attention on the task force's decision-making process and parameters prior to the start of the task force's formal deliberations. In this task force model, the Council officially approves the following aspects of the task force: 1. The Objective The objective of the task force is a statement that clearly states the fundamental purpose of the task force. 2. The Problem/Opportunity Statement The problem/opportunity statement provides greater context of the problem/opportunity that the task force has been empanelled to investigate or resolve. 3. The Givens The givens in this task force model are statements, facts, truths, or policies approved by the Council that must be used by the task force as assumptions during their deliberations. Task force deliberations, outcomes and recommendations may not be in conflict with the"given" statements from the Council. P: 4. The Expectations The expectations are statements from the Council to the task force of how it expects the task force to deliberate and what policy issues are to be addressed in the final deliverable produced by the task force. 5. Selection of Task Force Members The Council establishes a clear method for the selection of task force members. The Council also establishes how task force members are appointed, and possibly how they are removed and/or replaced. 6. Sequence of Decisions The Council establishes the sequence of decisions and events for the task force, including establishing task force deadlines. 7. Process Design The Council establishes the process it will use to consider the final deliverable of the task force. The Council adopts the process in advance as a pledge to each other about what the Council will do with the final deliverable when it is delivered to them. This is especially important if the final deliverable is anticipated to be potentially controversial. 8. Communications Plan The Council establishes a communications plan for the task force in order for the Council and the public to be informed of the task force's activities. For the proposed Community Clean Indoor Air Task Force, the eight points of this task force model might resemble the following example: 1. Objective—The objective of the task force is to prepare a list of recommendations for the City Council to consider adopting which will increase the quality of indoor air in buildings in Eden Prairie. 2. Problem/Opportunity Statement—The community has engaged in a broad community discussion of the merits of adopting local regulations that would restrict the ability to smoke indoors in buildings in Eden Prairie. The discussion, for a variety of reasons, did not culminate in a consensus on new regulations. The end result of the discussion was the Council's agreement to appoint a citizen task force to examine the issue from a variety of community perspectives. 3. The Givens—The Council establishes the following set of givens to guide the task force: a) The City Council will appoint the members of the task force. b) Smoking cigarettes has been proven to be unhealthy to the smoker and to the non-smokers who must inhale second-hand smoke. -2- c) Increasing the quality of indoor air in Eden Prairie buildings is a desirable outcome for the citizens of Eden Prairie. 4. The Expectations—The Council establishes the following set of expectations to guide the task force: a) The meetings of the task force will be considered to be open,public meetings. b) The City Manager shall provide sufficient staff support for the proper functioning of the task force. c) The final deliverable must include a recommendation on whether or not the City should prohibit smoking in any new restaurant that opens for business in Eden Prairie after a specific date. 5. Selection of Task Force Members—The City will accept open applications for membership on the task force. The task force will be limited to fifteen members. Each member of the Council may appoint one member of the task force. The remaining ten members will be nominated by the Mayor and submitted to the Council for approval. The Mayor's nominations will be approved by a majority vote of the Council. 6. Sequence of Decisions—The task force shall be formally appointed by the City Council on or before February 1, 2003. The task force shall meet as necessary until their work is completed. The task force shall deliver its final deliverable to the Council on or before November 1,2003. 7. Process Design—The Council will select a neutral third-party consultant to chair the meetings of the task force. The Council will allocate a budget of$2,500 to fund the operations of the task force, exclusive of consulting personnel costs. 8. Communications Plan—The task force will provide a verbal update on their activities to the City Council at the first Council meeting of every month. The task force shall consult with the City Manager to create mechanisms to inform the citizens of Eden Prairie of the task force's progress. Conclusion I want to emphasize hypothetical nature of the aforementioned example. I have experience implementing the process that I have described in this memorandum. I have attached the supporting documents that we used for that task force in Northfield. This task force model worked very well in that situation. I believe the indoor air quality issue is similar in nature to the issue we resolved in Northfield through this task force model. I believe this task force model would be successful for this issue. If the Council desires to proceed with this task force model, I will work with the Council to resolve the various issues that must be resolved by the Council for this task force model to be successful. -3 - Page 1of4 news freetime-travel-homezone-cars-shopping-working metro r region-nation_ f world-politics-business-sports-variety-opinion-fun &games-talk - Search �► "Gopher the al" Stares Ticket Giveaway. -- ,.. SH WINS C Published:December 12,2002 Find it! • Edition:METRO Section:NEWS More search Page#:1A archives1 Smoking out workers index New state rules are pushing businesses that allow about the smoking on the job to make a choice: End it, spend archives money to improve air quality or break the rules and archives fees archives search pay the price. form By Josephine Marcotty archives search tips Glenn Howatt search for recent articles Staff Writers archives help and feedback Rick Schwab smokes. Michael Schwab, his brother and business partner back copies in their two-man machine shop in St. Paul, doesn't. photo reprints special projects So the new state regulations on workplace smoking, announced site map Tuesday,put them in a bind. They can place a wall down the middle of their shop - one side for each brother- along with some expensive ventilation equipment, or Rick can go out to the parking lot and smoke. About two-thirds of Minnesota employees work in smoke-free work sites. Many others,working in small operations similar to the Schwabs', face difficult choices as they decide how to comply with the regulations. They either spend money to improve air quality or send smokers outside to light up. There is, of course, an even more difficult option,Rick Schwab said: "Heck, if I couldn't smoke at work,I'd probably quit." Nonetheless, like some business owners interviewed Wednesday, he doesn't appreciate the Minnesota Health Depai tiuent stepping in and forcing the issue with new rules under the Minnesota Clean Indoor Air Act. The rules are aimed at protecting nonsmoking employees from the risks of second-hand smoke. The 1975 law has always required separate smoking areas in some buildings. In warehouses and factories,however,people have been allowed to smoke at workstations. http://nl.newsbank.com/nl-searchhve/Archives?p_action=doc&p_docid=0F7E462B676E4... 2/11/2003 Page 2 of 4 Under rules that take effect in September,smoking areas in such businesses must be separated, and the smoky air vented directly outside. Without such ventilation, the work site must be smoke-free. The rules don't apply to restaurants,bars and hotels. Minnesota is the fourth state in the country to impose vent-or-else smoking requirements in private workplaces, according to the American Lung Association. The Schwabs, whose ACLA Corp. machine shop is at the back of an ordinary building near University Avenue, said they figure they could probably get away with ignoring the law if they wanted to. Enforcement is triggered by a complaint to the state Health Department, and Michael Schwab laughed when asked whether he would turn in his brother. Their shop, he said, is probably full of other toxic substances from the machines and the metal work they do,he said. "How can I worry about second-hand smoke and then go into the back room and weld?"he said. The penalty for violating such regulations hasn't changed- a maximum fine of$10,000. Since 1999 health regulators have issued 12 corrective orders to Minnesota businesses, some with fines, for violating the indoor-air law. Companies cited include Northwest Airlines, the Metropolitan Council's environmental services section, Alloy Hardfacing and Engineering Co. of Jordan,Minnesota Commercial Railway of North St. Paul, American Security in St. Paul and Rosedale Chevrolet. None of them responded to requests for comment Wednesday. Dale Dorschner, of the Health Depattinent's environmental health section, said regulators receive many complaints about smoking in factories and warehouses,where the new rules will have the biggest impact. "We have a long ways to go,"Dorschner said. "We need to educate them on this rule." Under current rules, industrial workers can smoke at workstations, as long as they are four feet from a nonsmoking co-worker and some ventilation is used. By September, such workplaces must have separate smoking sections with special ventilation. "Now we require getting the smoke out of the building and not exposing other employees to it,"Dorschner said. The department patterned the rules after standards used by certain http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=0F7E462B676E4... 2/11/2003 Page 3 of 4 industries. "This is used in medical facilities where they don't want cross movement,"he said. Faced with the cost of installing new equipment,many companies may decide to do what many others have done- go smoke-free. That's what KLN Enterprises, of Perham,Minn., did Sept. 1. The maker of Barrel 0'Fun snack foods,Kenny's Candy and Tuffy's Pet Food, spent about a year planning for the change, said Nancy Belka, the company's director of human resources. About 40 percent of its 500 employees smoke. They now have to light up outside, she said. The company's president,Kenny Nelson, decided to ban smoking in part because his father died of lung cancer, she said. Employees have accepted it, she said, and there's even been an immediate health benefit. About a dozen quit smoking, she said. - The writers are at howatt@startribune.com. marcotty@startribune.com. Businesses that wish to go smoke-free can get assistance from the Minnesota Partnership for Action Against Tobacco: http://www.mpaat.org. The phone: 651-224-0900 Lighting up at work Most states have regulations on smoking in factories, warehouses and office buildings. Ventilation requirements remain rare. Minnesota's take effect in September 2003 Some restrictions Alaska, Connecticut,Florida, Illinois, Iowa,Maine,Missouri,Montana, Nebraska,New Hampshire,New Jersey,New York, Oregon, Pennsylvania, Rhode Island,Utah, Vermont, Wisconsin Enclosed ventilated areas required, or smoking is banned entirely Washington, California,Minnesota, Maryland,District of Columbia http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=0F7E462B 676E4... 2/11/2003 Page 4 of None Alabama,Arizona,Arkansas, Colorado,Delaware, Georgia,Hawaii, Idaho, Indiana,Kansas,Kentucky,Louisiana,Massachusetts,Michigan, Mississippi,Nevada,New Mexico,North Carolina,North Dakota, Ohio, Oklahoma,Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont,Virginia, West Virginia, Wyoming Feeing Return to top ©Copyright 2002 Star Tribune.All rights reserved. /* You may give each page an identifying name, server, and channel on the next lines. */var pageName=document.title; var server="www";var channel= "news"; var pageType;if(!pageType) pageType="; var pageValue;if(!pageValue)pageValue="; var product;if(!product)product='; var propl;if (!propl)propl=document.location.href; var prop2;if(!prop2)prop2="; var prop3;prop3="story"; var prop4;if(!prop4)prop4="; var prop5;if(!prop5)prop5="; var prop6;if(!prop6)prop6="; var prop7= "news:archive"; var prop8;if(!prop8)prop8='; var prop9;if(!prop9)prop9="; var prop10;if(!prop10) prop l 0='; var prop l 1;if(!prop 11)prop l l='; var prop 12;if(!prop 12)prop 12="; var prop 13;if(!prop l3) prop 13='; var prop 14;if(!prop 14)prop 14='; var prop 15;if(!prop 15)prop 15="; var prop 16;if(!prop 16) propl6="; var prop 17;if(!propl7)prop17="; var prop18;if(!prop18)propl8="; var prop19;if(!prop19) propl9="; var prop20;if(!prop20)prop20='; /**** DO NOT ALTER ANYTHING BELOW THIS LINE! ****/function mc_escape(s){var ch;s=escape(s)while((ch=s.indexOf('+'))>0)s=s.substr(0,ch) +'%2B'+s.substr(ch+1,s.length) while((ch=s.indexOf('/'))>0)s=s.substr(0,ch)+'%2F'+s.substr (ch+1,s.length)return s} var mc_t=new Date;var mc_n1=Math.floor(mc_t.getTime()/10800000)%10 var mc_n2=me_t.getTime()%10000000000000;var mc_s=mc_nl+'fsi'+mc_n2 function mc_mkcd(){var s=",c=",v=",p=",bw=",bh="var j='1.0'var g=window.location.href var a=mc_apn+"+mc_apv var o=navigator.platform var r=(me_r?mc_r:(mc_noe?'NULL':'External Frame Referrer'))var yr,t=mc t.getDate()+'/'+mc_t.getMonth()+'/'+((yr=mc_t.getYear())=4)s=screen.width+'x'+screen.height if(mc_apn='Netscape'){var il=0,i2=0,sta;while((i1100)sta=sta.substring(0,100);sta+=';' if(p.indexOf (sta)=-1)p+=sta;il++;i2++} v=(navigator javaEnabled()?'Y':'N') if(mc_apv>=3)j='1.1' if(mc_apv>=4) {j='1.2' c=screen.pixelDepth bw=window.innerWidth bh=window.innerHeight }if(mc_apv>=4.06) j='1.3' }if(mcapn='Microsoft Internet Explorer'){if(mc_apv=3)v=(navigator.javaEnabled()?'Y':'N') if (mc_apv>=4){j='1.2' c=screen.colorDepth }if(mc_apv>=5){c=screen.colorDepth bw=document.documentElement.offsetWidth bh=document.documentElement.offsetHeight j='1.3' }}if (mc_apn='Opera'){var il=0,i2=0,sta while((i1100)sta=sta.substring(0,100);sta+=';'if(p.indexOf(sta) =-1)p+=sta;il++;i2++} var v=(navigator.javaEnabled(r'Y':'N') }code=" if(!mc_noe)document.write (code)return code}var mc_n=navigator,mc_apn=mc n.appName,me_w=mc_n.appVersion,mc_apv,mc_i var mcmsie=mc_w.indexOf('MSIE ') if(mc_w.indexOf('Opera')>0)mc_apn='Opera'if(mc_msie>0) {mc_apv=parseInt(mc_i=mc_w.substring(mc msie+5)) if(mc apv>3)mc_apv=parseFloat(mc_i)}else mc_apv=parseFloat(mc_w) function mc_et(){window.onerror=window.oe;return true}var mc_noe=false;var mcr_done=false/* cc_on if(jscript version>=5){var mc_r=';try {mc r=parent.document.referrer;mc_noe=true}catch(e){}mcr done=true} end */if(!mcr_done){if (navigator.userAgent.indexOf('Mac')>=0&&navigatoor.userAgent.indexOf('MSIE 4')>=0){var mcr=document.referrer;mc_noe=true} else{window.oe=window.onerror;window.onerror=mc_et;var me__r=parent.document.referrer;mc noe=mc et()}} document.write(mc mkcd());document.write(") http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=0F7E462B 676E4... 2/11/2003 Page 1 of 3 news freetime -travel -homezone-cars-shopping -working metro/region-nation i world-politics-business-sports-variety-opinion-fun &games-talk y "- ,- Search WWII* sP• �.,► `',;,.'w News Sil Published:December 13,2002 Find it! Edition:METRO Map << Section:NEWS Page#:34A More search archivesi Smoking and health index Bit by bit, state improves protection about the archives It has taken several years and several hits,but the state's effort to protect archives fees significantly more Minnesota workers from secondhand smoke will soon archives search begin to pay off. While the incremental nature of these changes is form dismaying, the regulations announced Tuesday represent true progress. archives search tips Health Commissioner Jan Malcolm and her employees deserve kudos - search for recent not only for these rules,but also for continuing to articulate the articles archives help effectiveness and importance of Target Market and other state and feedback antitobacco efforts. back copies photo reprints Minnesotans of a certain age remember the state's leadership role in special projects 1975, when it passed the Minnesota Clean Indoor Air Act. Scientific site map research done since then has underscored the wisdom of the law- as well as its insufficiencies. Now, in response to a legislative directive in 1999, the Department of Health has begun to remedy its shortcomings. While the'75 law regulated where smoking took place, it did not regulate where the smoke went. Because health officials now know that secondhand smoke is not just an annoyance but a serious hazard,the new rules require that a workplace go smoke-free or be ventilated so that polluted air is exhausted directly outdoors. That and other provisions make this a big change from current law. The benefits are for everyone; the new rules will enhance the health of nonsmokers and smokers alike. Nonsmokers will be rid of environmental smoke, whether an employer changes air pressure and ventilation systems or makes the workplace smoke-free. And under either scenario smokers are likely to light up less than they used to - or quit altogether. For some smokers,making the habit less convenient or impossible at work is the final nudge they need to abandon the fiendishly difficult-to-break addiction. The only thing wrong with the rules change-which will take effect next September- is that it doesn't protect employees in the hospitality industry. While the Health Depaituuent originally wanted to include hospitality workplaces, it backed off and later was officially thwarted by the Legislature. http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=0F7E9405365AE... 2/11/2003 Page 2 of 3 While it is a medical reality that waiters and bartenders suffer the same deleterious health effects that other smoke-breathing workers do, it is a political reality that the tobacco and hospitality industries always lobby hard to avoid restrictions. The result:second-class protection for hospitality employees -and smoky environments for their customers. Someday, they will be protected in Minnesota- as they are in some states already. Major cities, too, are leading the way. Just this week, New York City's mayor and council agreed to strengthen an already comprehensive smoking ban by applying it to nearly all restaurants and bars. And on Wednesday Boston's Public Health Commission voted to ban smoking in that city's bars and restaurants. Sadly,when it comes to clean indoor air,Minnesota no longer leads. GET OUT OF A JOB YOU DON'T LIKE Return to top ©Copyright 2002 Star Tribune.All rights reserved. /* You may give each page an identifying name, server, and channel on the next lines. */var pageName=document.title;var server= "www"; var channel= "news"; var pageType;if(!pageType) pageType="; var pageValue;if(!pageValue)pageValue=";var product;if(!product)product="; varpropl;if (!propl)propl=document.location.href; var prop2;if(!prop2)prop2="; var prop3;prop3="story"; var prop4;if(!prop4)prop4="; var prop5;if(!prop5)prop5='; var prop6;if(!prop6)prop6="; var prop7_ "news:archive"; var prop8;if(!prop8)prop8="; var prop9;if(!prop9)prop9='; var prop10;if(!prop10) prop l 0="; var prop 11;if(!prop l l)prop l l="; var prop l2;if(!prop 12)prop 12='; var prop l 3;if(!prop l 3) prop l3='; var prop 14;if(!prop 14)prop l4=';var prop 15;if(!prop 15)prop l 5=";var prop 16;if(!prop 16) prop 16="; var prop 17;if(!prop 17)prop 17="; var prop 18;if(!prop 18)prop 18="; var prop 19;if(!prop 19) propl9='; var prop20;if(!prop20)prop20="; /**** DO NOT ALTER ANYTHING BELOW THIS LINE! ****/function mc_escape(s){var ch;s=escape(s)while((ch=s.indexOf('+'))>0)s=s.substr(0,ch) +'%2B'+s.substr(ch+1,s.length)while((ch=s.indexOf('/'))>0)s=s.substr(0,ch)+'%2F+s.substr (ch+1,s.length) return s} var mc_t=new Date;var mc_n1=Math.floor(mc_t.getTimeO/10800000)%10 var mc_n2=me_t.getTime()%10000000000000;var mc_s=mc_nl+'fsi'+mc_n2 function mc_mkcd(){var s=",c=",v=",p=",bw=",bh=" var j='1.0' var g=window.location.href var a=mc_apn+' '+mc_apv var o=navigator.platform var r=(me_r?mc_r:(mc_noe?'NULL':'External Frame Referrer'))var yr,t=mc t.getDate()+'/'+mc_t.getMonth()+'/'+((yr=mc_t.getYear())=4)s=screen.width+'x'+screen.height if(mc apn='Netscape){varil=0,i2=0,sta;while((i1100)sta=sta.substring(0,100);sta+=';'if(p.indexOf (sta)=-1)p+=sta;il++;i2++} v=(navigator.javaEnabled()?'Y':'N') if(mc_apv>=3)j='1.1' if(mc_apv>=4) {j='1.2' c=screen.pixelDepth bw=window.innerWidth bh=window.innerHeight }if(mc_apv>=4.06) j='1.3' }if(mcapn='Microsoft Internet Explorer'){if(mc_apv=3)v=(navigator j avaEnabledn?'Y':'N') if (mc_apv>=4){j='1.2' c=screen.colorDepth }if(mc apv>=5){c=screen.colorDepth bw=document.documentElement.offsetWidth bh=document.documentElement.offsetHeight j='1.3' }}if (mc_apn='Opera'){var il=0,i2=0,sta while((i1100)sta=sta.substring(0,100);sta+=';' if(p.indexOf(sta) =-1)p+=sta;il++;i2++} var v=(navigator.javaRnabledO?'Y':'N') }code=" if(!mc_noe)document.write (code)return code}var mc_n=navigator,mc_apn=mc_n.appName,mc_w=mc_n.appVersion,mc_apv,mc i var mc_msie=mcw.indexOf('MSIE') if(mc_w.indexOf('Opera')>0)mc_apn='Opera' if(mc_msie>0) {mc apv=parseInt(mc i=mc w.substring(mc_msie+5)) if(mc apv>3)mc_apv=parseFloat(mc i)}else http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=0F7E94053 65AE... 2/11/2003 • i Page 1 of 4 news freetime-travel-homezone-cars-shopping-working metro r region-nation r world-politics-business-sports-variety-opinion-fun&games-talk Search ALOHA! r---- „ . .. „;.;„,. I News Published:it : December 11,2002 Find it! I Ed METRO Section:NEWS Page#:IA More search Rules target smoking on the job index Officials say the aim is to cut the risk of second-hand about the smoke, but business leaders say the regulations will, archives in effect, banish smoking from workplaces. archives fees archives search By Glenn Howatt form archives search Josephine Marcotty tips search for recent Staff Writers articles archives help Workplaces in Minnesota will have to go smoke-free or install and feedback sophisticated ventilation equipment by next September, according to back copies rules announced Tuesday by the Minnesota Department of Health. photo reprints special projects However,the Legislature this year exempted restaurants, hotels and site map other hospitality businesses from the rules after there was an outcry over their cost and need. But the regulations will force changes on about one-third of work sites that allow smoking in designated areas. Health Commissioner Jan Malcolm said the new restrictions will protect more Minnesotans from secondhand smoke. "These are,we think,pretty major improvements in extending the protections of clean indoor air to workers who haven't had them before," she said. But critics called the rules unnecessary and expensive. Business representatives said they are an interference by the state. "This should be an issue that should be settled between a company's employees and its management,rather than having a third party come in," said Tom Ebert of the Employers Association. The association represents 1,700 organizations in the Upper Midwest. "Most employers have appropriate smoking policies that employees are content with." http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p docid=OF7DF588CE774... 2/11/2003 Page 2 of 4 He also said that the restrictions will force employers to choose between unwelcome costs at a time when the economy is sluggish or the wishes of their smoking employees. Malcolm did acknowledge that the costs of installing new ventilation systems would probably force some businesses to go smoke-free,but she said that was not the intention of the regulations. "From a public health perspective,we'd certainly like to see more smoke-free workplaces," she said. "But this is certainly a choice that a place of business would have." Antismoking advocates applauded the move. The rules are"a step in the right direction," said Holly Ziemer, spokeswoman for the Minnesota SmokeFree Coalition. "But the gaping hole is that hospitality workers are left without any protection." The new rules are designed to strengthen the state's 1975 Clean Indoor Air Act,which requires workplaces to provide separate areas for smoking and nonsmoking employees. The law also allows smoking in factories and warehouses if the smoking employee is at least four feet from other employees. At the time, the law was viewed as very progressive by antismoking advocates. Since then, research has shown that secondhand smoke can increase health risks for nonsmokers.Nationally, secondhand smoke is estimated to cause up to 3,000 lung cancer deaths and 62,000 heart disease deaths a year,health officials said. Research has also shown that workplace bans can reduce the harm that tobacco causes smokers and is a key component in persuading people to quit, tobacco researchers say. In 1999 the Legislature ordered the Health Department to come up with regulations to increase protections for nonsmoking workers. The rules were approved by an administrative law judge this year and were finalized in September. The Health Department announced the final rule Tuesday. The key change is the ventilation requirement. It states that smoking and nonsmoking areas must be separated by a wall or barrier and that the air in smoking areas must be directly vented to the outdoors. Those areas must also have lower air pressure so that smoke does not leak into nonsmoking areas, officials said. In effect, the requirements also mean that factory and warehouse workers will no longer be able to smoke at their workstations. A year ago the department proposed imposing those same requirements http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=0F7DF588CE774... 2/11/2003 Page 3 of 4 on new restaurants but would have allowed already-established restaurants to operate under the old rules.But in January the administrative law judge said the regulations must be imposed uniformly on all bars and restaurants. Under pressure from the hospitality industry,the Legislature in its last session withdrew the Health Department's authority to establish rules for bars,restaurants and hotels. It passed a law stating that only the Legislature could make such changes. Ziemer, of the SmokeFree Coalition, said that as a result of the new smoking restrictions,the Legislature might have a harder time exempting the hospitality industry. People who work in bars and restaurants are exposed to more secondhand smoke than most other workers, she said,but they are provided the least amount of protection. "It's hard to justify how they can protect one group of workers but not another," she said. - Josephine Marcotty is at marcotty@startribune.com. - Glenn Howatt is at howatt@startribune.com. • New smoking rules By Sept. 23, 2003, designated smoking areas in all offices, factories and warehouses in Minnesota must meet these requirements: - They must have lower air pressure than the adjacent nonsmoking area. -The air must not be recirculated into a nonsmoking area. -The air must be exhausted directly to the outdoors. - Smoking areas must be separated from nonsmoking areas by a continuous physical barrier with closed doors. If the requirements cannot be met,then the entire facility must be smoke-free. http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=0F7DF588CE774... 2/11/2003 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 18,2003 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage 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 FEBRUARY 4,2003 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 4,2003 (p. 4) VI. CONSENT CALENDAR A. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE. CHAPTER 9,BY AMENDING SECTION 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS (PAINT GUN ORDINANCE) (p. 11) B. APPROVE CHANGE ORDER NO. 2 FOR GLENSHIRE ADDITION AND WATER TREATMENT PLANT WETLAND MITIGATION IMPROVEMENTS,IC. 98-5467/02-5572 (p. 13) C. ADOPT RESOLUTION APPROVING SUBMITTAL OF APPLICATION FOR 2002 HENNEPIN COUNTY RESIDENTIAL RECYCLING FUNDING POLICY GRANT (p. 15) D. APPOINTMENT OF ASSISTANT WEED INSPECTOR(p. 20) E. APPROVE 2003 AGREEMENT FOR FORFEITURE VEHICLE STORAGE AND DISPOSAL (p. 21) CITY COUNCIL AGENDA February 18,2003 Page 2 F. APPROVE 2003 TOWING SERVICES AGREEMENT(p. 29) G. APPROVE FIRST AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN BLOOMINGTON,EDEN PRAIRIE,EDINA AND METROPOLITAN AIRPORTS COMMISSION FOR CONSTRUCTION OF A PUBLIC SAFETY TRAINING FACILITY(p. 36) H. ADOPT RESOLUTION APPROVING AMENDMENT TO THE PROJECT MANAGEMENT AGREEMENT FOR BLUFFS AT NINE MILE CREEK APARTMENTS (FORMERLY HEIGHTS AT VALLEY VIEW) (p. 39) I. ADOPT RESOLUTION RELATING TO CITY MEMBERSHIP IN THE HABITAT FOR TECHNOLOGY(p. 41) VII. PUBLIC HEARINGS/MEETINGS A. WILLIAMS PLACE By Pemtom Land Company. Request for Comprehensive Guide Plan Change from Industrial to Medium Density Residential on 1.9 acres, from Low Density Residential to Medium Density Residential on 2.95 acres, from Industrial to Low Density Residential on 1.37 acres;Planned Unit Development Concept Review on 49.33 acres;Planned Unit Development District Review on 49.33 acres,Rezoning from Rural to R1-13.5 on 38.10 acre,Rezoning from Rural to RM- 6.5 on 6.46 acres; Site Plan Review on 6.46 acres; and Preliminary Plat of 49.33 acres into 84 lots, 6 outlots and road right of way. Location: East of Highway 212, South of Anderson Lakes Parkway, and north of Sunnybrook Road. (Resolution for PUD Concept Review,Resolution for Comprehensive Guide Plan Change,Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) (p. 43) B. MEYER ESTATES by Larry and Judith Meyer. Request for Preliminary Plat of 1.15 acres into 2 lots. Location: 16519 Pioneer Trail. (Resolution for Preliminary Plat) (p. 126) C. THE COVE 2ND ADDITION by Rick Lamettry. Request for Planned Unit Development Concept Review on 3.2 acres,Planned Unit Development District Review within the R1-22 zoning district with waivers on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots. Location: 6861 and 6871Beach Road. (Resolution for PUD Concept Review,Ordinance for PUD District Review and Resolution for Preliminary Plat) (p. 133) D. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF SOUTHWEST STATION,VACATION 03-04 (Resolution) (p. 149) VIII. PAYMENT OF CLAIMS (p. 152) IX. ORDINANCES AND RESOLUTIONS CITY COUNCIL AGENDA February 18,2003 Page 3 X. PETITIONS,REQUESTS AND COMMUNICATIONS A. Update on the Business Retention/Economic Development Program— David LindahI,Economic Development Manager(p. 160) M. REPORTS OF ADVISORY BOARDS &COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Summary of the City Manager's Six Month Evaluation— Mayor Tyra-Lukens B. REPORT OF CITY MANAGER 1. Summary of Council Strategic Planning Session and Future Timetable— Scott Neal, City Manager C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR 1. Disposition of Edenvale Outlots—Gene Dietz, Public Works Director (p. 161) E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, FEBRUARY 4, 2003 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert, Management and Budget Director Don Uram, and Recorder Lorene McWaters HABITAT FOR TECHNOLOGY: Nick Eian, Irene Kelly, Joe Stoebner,Pat MulQueeny, Scott Thiss, Sharon Grossbach Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. HABITAT FOR TECHNOLOGY(HFT) City Manager Scott Neal said Habitat for Technology was on the December 17, 2002, City Council agenda to request funding for a pilot program for a web portal. David Luse, who was a Councilmember at that time,raised questions in advance of the meeting and the City and HFT mutually agreed to delay the request. RFT Board President Nick Eian said HFT had requested to come to this Workshop to explain their proposal and provide additional information to the Council about the HFT initiative. Eian said the HFT Board has three main questions it wishes to ask the Council. 1. Since its creation two years ago, HFT has experienced good relations with the City; however,the association has never been formalized. Eian said HFT would like to have"official sanction" of the Council. 2. HFT is asking Mayor Tyra-Lukens to participate on the Board. Eian noted that Director of Management and Budget Don Uram has served as the City's Board Member for the past two years and has worked cooperatively with them on several projects. 3. HFT also asked the Council to consider approving their grant proposal,which includes $50,000 in funding for HFT's pilot economic development portal. Eian noted that HFT has modified their original proposal over the past year to include only the pilot project,to bring in into better alignment with the City's new economic development initiative. He said City Business Survey shows support among the Eden Prairie business community for this initiative,which is a partnership of private businesses,the Chamber of Commerce, Eden Prairie High School, and Hennepin Technical College. He said the formal addition of the City to the partnership will strengthen the coalition and provide a unique opportunity for the City to be part of a groundbreaking project. Mayor Tyra-Lukens asked if other municipalities have undertaken this type of initiative. Eian said he is not aware of any other such venture that has been successful. Councihnember Butcher said it is important for the City to stay on the cutting edge of technology. She would like to see the HFT initiative gain more visibility. Perhaps they could present a case study to the Council at one of the regular Council meetings. Eian stressed that the missing element is Council's formal support of HFT. He said under these circumstances, it is difficult for the City Manager to be supportive of their work. Tyra-Lukens said that although she remembers hearing about HFT over the past two years, she does not recall the Council making a formal policy statement. Neal said that if Council wishes, staff will draft a resolution for the February 18 Council Meeting. Councilmember Mosman said she knows the City is looking to attract high tech businesses,but she wonders if they are also looking for a balance between high tech businesses and businesses that use technology. Young said that as a new Councilmember,he was confused about what differentiated HFTs first and third requests. He asked what they are looking for other than funding. Eian said the Board envisions this as an equal partnership. Case asked what effect the collapsing technology market has had on HFT. HFT Board Member Scott Thiss said that he is a business owner who considers his operation"low tech,"but also one that is a heavy user of technology. Board Member Joe Stoebner said he was the originator of the•HFT concept, and that it could as easily have been called Habitat for Business. He said he came up with the idea the summer of 2000,when he noticed a trend of more venture capital flowing into the City at the same time some big name companies were exiting. He said as the economy picks up, technology will also. He said HFT is simply one way of supporting business in Eden Prairie. The funding HFT is requesting represents only a small portion of the City's economic development budget. After this initial request, HFT plans to become fully self-sustaining. Eian said he is very frustrated that they have lost 18 months of time. He said HFT needs to know if the City can and wants to be a partner. Butcher said only Mayor Tyra-Lukens can answer whether or not she feels has the time to devote to the HFT Board. Butcher said she believes the Council has considered itself a partner to HFT all along. Butcher also asked Uram how much money the City has tagged for economic development. Uram said there is $400,000 set aside from the sale of the Singletree Lane property. Tyra-Lukens asked how HFT plans to evaluate the success of the pilot program. She said it is important for the Council to know what measurements will be used. Eian said the pilot will involve work with eight Eden Prairie businesses that have already expressed interest in participating. These customers will provide feedback on how well the program is working. He said he doesn't know why someone hasn't developed this type of portal already. He said one day any Eden Prairie resident or business owner will be able to turn on their computer in the morning, call up the portal and instantly know what is happening in Eden Prairie—in the school system, in the business community, in retail and commercial arenas. Mosman said her concern is how HFT ties in with other initiatives the City is considering,including possible formation of a Convention and Visitors Bureau. How do the schools,the Chamber, CVB and HFT all fit together? Stoebner said HFT is not trying to be the only organization in town promoting business, and that this is just a humble beginning. Councilmember Case said he can't imagine why the City wouldn't want to participate in the program. Case said that five years ago the City"squelched" an Art Center initiative and"the people just went away." He said we wants to make sure that does not happen in this case. HFT Board Member and Hennepin Technical College President Sharon Grossbach said she feels privileged to be part of this partnership. She said as a member of the public sector, it has been rewarding to work with the Eden Prairie business leaders on this initiative. She said the Habitat initiative is important to the work the college does, helping to prepare students for careers. School Superintendent Melissa Krull said that the schools' partnership with Habitat provides them with additional ways to provide their 3,300 students with new and different opportunities for learning outside the classroom. Councilmember Young said he agrees with Mayor Tyra-Lukens point that there should be set measures by which to evaluate the success of the program. He strongly believes the City needs to work cooperatively with both the schools and business community, that everyone's success depends on it. He said he is a great supporter of creative approaches to economic development, and the City should not be an obstacle. Mayor Tyra-Lukens said she would like to suggest that City Manager Scott Neal be appointed as the City's Board Member, since his position is comparable to Superintendent Krull's. Neal said he would be interested in serving on the Board. He said if the Council would like to support the HFT pilot program,they should provide affirmation in the form of a resolution that includes approval of the funding request. IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) No participants were scheduled for Open Forum. VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) No one requested to speak during Open Podium. VH. ADJOURNMENT The meeting was adjourned at 6:25 p.m. 3 UNAPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 4,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Attorney Joseph Nilan and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said Council Forum is held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off- camera. The Council Forum consists of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Department Directors,please notify the City Manager's office (at 952-949-8412)by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu,unscheduled appearances by individuals or organizations who wish to speak to the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Scott Neal asked that licenses be added to Item No. VI.A. as part of the Consent Calendar. Included is a license for a raffle to be held March 1, 2003 by the Eden Prairie Foundation. Mosman added two items under Reports of Councilmembers: Discussion on transportation on Interstate 494, and discussion on a group called Soulfire. MOTION: Butcher moved, seconded by Mosman, to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD JANUARY 21, 2003 MOTION: Case moved, seconded by Mosman, to approve as published,the Minutes of the Council Workshop held January 21,2003. Motion carried 4-0. Tyra-Lukens abstained. CITY COUNCIL MEETING February 4,2003 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 21,2003 MOTION: Mosman moved, seconded by Case, to approve as published,the Minutes of the City Council Meeting held January 21,2003. Motion carried 4-0.Tyra-Lukens abstained. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION No. 2003-23 APPROVING FINAL PLAT OF THE BLUFFS AT NINE MILE CREEK(HEIGHTS AT VALLEY VIEW) C. ADOPT RESOLUTION No. 2003-24 APPROVING FINAL PLAT OF HARTFORD COMMONS 2ND ADDITION D. ADOPT RESOLUTION No. 2003-25 APPROVING PLANS AND SPECIFICATIONS FOR HILLCREST/ALPINE NEIGHBORHOOD STREET AND STORM SEWER IMPROVEMENT,I.C. 98-5471 • E. ADOPT RESOLUTION No. 2003-26 SETTING PUBLIC HEARING DATE FOR APPROVAL OF INTERCHANGE IMPROVEMENTS AT TH 169/ANDERSON LAKES PARKWAY AND AT TH 169/PIONEER TRAIL(CSAH 1) F. APPROVE CHANGE ORDER NO. 2 FOR PIONEER TRAIL AND TH 212 UTILITY IMPROVEMENTS,I.C. 52-204 G. CAPITAL POINTE by Capital Pointe. Extension to the Development Agreement (Resolution No.2002-27 Granting Extension to the Development Agreement) H. HEIGHTS AT VALLEY VIEW AMENDMENT by Eden Prairie Leased Housing Associates I, LLC. (Resolution No. 2003-28 for Amendment to Development Agreement) I. APPROVE SECOND READING OF AN ORDINANCE No. 1-2003 AMENDING CITY CODE CHAPTER 2.30 AND 2.32,RELATING TO ORGANIZATIONAL CHANGES AND ADOPT RESOLUTION 2003-29 APPROVING SUMMARY ORDINANCE J. ADOPT RESOLUTION No. 2003-30 APPROVING A MORTGAGE SUBORDINATION AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND BREMER BANK K. ADOPT RESOLUTION 2003-31 AUTHORIZING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE A DEVELOPMENT(HEIGHTS AT VALLEY VIEW) 5 CITY COUNCIL MEETING February 4,2003 Page 3 MOTION: Butcher moved, seconded by Case, to approve Items A-K of the Consent Calendar. Mosman noted that she had requested Mr. Lambert speak regarding Item B, the heights at Valley View Road. Lambert assured Council that the easement is subject to a developer's agreement that requires the Parks and Recreation Director to review the conservation easement to make sure all oak trees committed to be preserved by the easement are preserved. He said no building permit will be approved until review and approval of the conservation easement. He added that there will not be a trail up to woods of the conservation easement on top of the hill. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS VIII. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Mosman,Young and Tyra- Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS City Manager Scott Neal said this is an ordinance that will address a new type of park activity which has created some concerns. He said there are a number of locations in parks for paintball games and citizens have expressed concerns about the games in the park,the discharge of guns, camouflage dress. Neal said the existing City ordinance does not clarify the type of dangerous weapons or projectiles restricted for use in public parks. He said this ordinance has been reviewed and approved by the Police Department. Lambert said this ordinance was reviewed by the Parks Commission and the following recommendations were made: Add the word "spring" after the word "air" and add the words "or a variation thereof' after the words "paintball gun." Lambert said this will now read,in Sec. 2,the third sentence, "bow and arrow, crossbow, slingshot, air, spring or gas weapon,paintball gun or variation thereof." MOTION: Case moved to approve the first reading of an ordinance amending City Code, Chapter 9,by amending Sec. 9.04 relating to Rules and Regulations governing public parks. Seconded by Mosman, motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS CITY COUNCIL MEETING February 4,2003 Page 4 A. ADOPT RESOLUTION No. 2002-32 APPROVING PRELIMINARY LAYOUT FOR THE CSAH 4 (EDEN PRAIRIE ROAD)/VALLEY VIEW ROAD INTERSECTION IMPROVEMENTS City Manager Scott Neal said this layout was developed to indicate the proposed improvements for the second phase of the intersection improvements at CSAH 4 (Eden Prairie Road)/Valley View Road. (The first phase of the project was the CSAH 4/High School Entrance project which extended southerly to the Valley View Road intersection). The second phase of this project was delayed until the completion of the TH 5/TH312 improvements. With the approval of this layout,the final construction plans will be finalized and right-of-way acquisition by Hennepin County will begin. Public Works Director Eugene Dietz said it was hoped that construction could take place over this summer,but the County takes 6-7 months to acquire a right-of-way. He said layout plan approval is requested from the east entrance to the community center and Round Lake Park. He said there has been numerous meetings with residents. Dietz said the catalyst for the project is adding a double left turn lane and right turn lane on Eden Prairie Road at Valley View. Dietz said the need for the project has been questioned,but the project is valid. He said the 15-year projections for volumes on this intersection warrant the need for the improvement. Matt Bryant of 16213 Valley View said his property is one driveway east of Little Red. He said the project requires taking 25 feet of his front yard and some of his trees, and there may be salt in his yard as well as garbage. He said safety is a concern because it will be difficult to leave his property during rush hour. He asked if this layout will have no changes. He is concerned about losing parking spots also. Dietz said there were discussions with the County on extending the project further to the east and the County said they will not be a partner in that kind of project. He said right-of-way needs are established in terms of what the minimums are, and clarified that with eminent domain, agencies can't acquire more than they need. He said they can't condemn more than they need,they can acquire more than they need if it's a mutual agreement. Dietz said the loss of parking spaces is compensable and Bryant can expect to be fully compensated for losses that he incurs. Bryant expressed concern about the project being approved tonight with his compensation not yet finalized. Dietz said adoption of the resolution tonight will allow the County to enter into the process with Bryant. Eric Hanson of 7371 Walnut Court said that traffic studies and accident studies do not show a need for this. He said he doesn't think those studies show that this is a problematic intersection at this time. He suggested that Council shelve this for 3-5 years. Hanson asked Council to consider the possibility of delaying the project. Dietz said currently there is funding for the project and that money may not be there in the future, so it should be done. CITY COUNCIL MEETING February 4,2003 Page 5 Case said the need to build should take place while the money is in hand. He said past projects have been put off and later monies were not there when needed. MOTION: Case moved to adopt Resolution 2003-32 approving preliminary layout for the CSAH 4(Eden Prairie Road)/Valley View Road Intersection Improvements. Seconded by Butcher, motion carried 5-0. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Southwest Metro Transit Board Citizen Appointment(Councilmember Young) Young said historically the Transit Board has been staffed with two individuals each from the cities of Chanhassen, Chaska and Eden Prairie along with a rider representative. He said the Joint Powers Agreement specifies that one representative from each city is a member of the Council. He said Chanhassen and Chaska filled their second seats with a citizen, and he thought that process changed with Eden Prairie in the mid-1990s. He is concerned that councilmembers serve the three-year term as citizen representatives. He questioned the necessity for a councilmember to serve as the citizen representative for three more years since the development has progressed well. He said the process should involve discussion before appointments to the Board. Tyra-Lukens pointed out that Dan Grote, an Eden Prairie citizen serves as the rider representative at-large and that is one of the reasons they felt comfortable appointing a second councilmember in 1999. Tyra-Lukens said it is important for citizens to represent Eden Prairie and the Council will look at this next January as Grote's term will be expiring. Case agreed that citizen input is very valuable. He noted the residential and commerical development is not completed. Case stated the Council agrees with the idea of a citizen representative and this should be discussed next January. 2. Mosman said the 494 Corridor Commission has developed a one-page fact sheet regarding the history and why action is necessary. In addition the Senate bill provides $31.8 billion in funding,but support needs to be given by the public so that funding can be maintained and federal funding reauthorized. She said the toll-free action hotline number is 888-488-2782 for citizens to urge representatives and senators to support maintaining funding levels for highways and transit. c� CITY COUNCIL MEETING February 4,2003 Page 6 3. Mosman said Soulfire is a student-run chemically-free organization, a club for students that are not already in activities to participate in teen-based activities. She said there will also be a teen center established. Case suggested that monies generated from high school parking fees be channeled back to high school youth programming. B. REPORT OF CITY MANAGER Neal gave an update on Strategic Planning. He said there was a question at the last meeting about the board and commission appointment process. He said upcoming dates are February 7, 2003 - application deadline; February 25, 2003 - candidate interview date;March 4, 2003 Council meeting scheduled to do the appointment. C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Round Lake Water Quality Monitoring Report and Recommendations for 2003 The Watershed District has committed to monitoring the water quality of Round Lake each year during the Round Lake Water Quality Improvement Project initiated two years ago. That project, permitted by the Depailiiient of Natural Resources, authorizes the City of Eden Prairie to apply Clarify to biologically reduce the availability of nutrients in the lake. The project was to be for up to three years of assessment prior to completing the evaluation. The first year, 2001, was a dry year and resulted in a dramatic improvement in water quality reducing the average trophic state index to 48 compared with a 60 in 1997, (a trophic state index of less than 57 is required for full support of recreational activities such as swimming). Lambert said Staff has structured the contract for the use of Clarify to provide a high incentive for the contractor, Greener Pastures, to be successful. The first year of the contract was for $20,000 at the beginning of the contract and an additional $20,000 provided the average trophic state index was 48 or less. The contractor reached his goal in 2001. The second year of the contract, 2002, called for a $20,000 down payment at the beginning of the year with a $15,000 payment at the end of the year provided the average trophic state index was 48 or less. In 2002 the contractor did not meet that goal. Staff would recommend a similar contract for 2003 and request the Riley-Purgatory-Bluff Creek Watershed District to fund the monitoring of Round Lake again in 2003. At the end of 2003, staff would recommend that City staff, staff from the DNR, and the staff from Barr Engineering,the consultant for the Riley-Purgatory- Bluff Creek Watershed District,meet to discuss the results of the three year 1 CITY COUNCIL MEETING February 4,2003 Page 7 experiment and arrive at a consensus for a future management plan for Round Lake MOTION: Butcher moved to accept the 2002 Round Lake Water Quality Monitoring Report and request the Riley-Purgatory-Bluff Creek Watershed District to authorize monitoring of Round Lake in 2003 for the third and final year of the Round Lake Water Quality Improvement Project. Seconded by Case, motion carried 5-0. 2. Recommend Reduction in Number of Hours Round Lake Beach is Guarded For Summer 2003 Lambert said a high number of geese at Round Lake beach has caused problems. A chemical that is not harmful to people or dogs will be sprayed on the turf around the lake,up to 300-400 feet away from the lake. In addition,he said until there is a way to keep water quality at an acceptable level and manage the geese,the beach could possibly be closed. He said staff recommends reducing the hours that Round Lake beach is guarded during the summer of 2003 to 1:00 p.m. until 4:00 p.m. Those residents choosing to use the beach will know that during the peak use hours there will be lifeguards on duty. MOTION: Case moved to reduce the number of hours per day that Round Lake beach is guarded during the summer of 2003 to 1:00 p.m. until 4:00 p.m. Seconded by Butcher, motion carried 5-0. D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. CITY MANAGER'S SIX-MONTH EVALUATION(Closed Session) XV. ADJOURNMENT MOTION: Mosman moved, seconded by Case, to go into closed session for the purpose of discussing the City Manager's six-month evaluation. Motion carried 5-0. The meeting was adjourned to a closed session at 8:20 p.m. ICE CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 18, 2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Amendment to Section ITEM NO: Parks and Recreation 9.04 Relating to Rules and Regulations A Robert A. Lambert Director Governing Public Parks Restricting the Use of IL . Dangerous Weapons or Projectiles on Public Parkland Requested Action: Motion: Move to approve the second reading of Ordinance amending City Code, Chapter 9 by amending Section 9.04 Relating to Rules and Regulations Governing Public Parks. Background: The first reading of this ordinance was approved by the City Council on February 4, 2003. There are a number of locations throughout the park system where people have developed sites for paint ball games. Other park users have called the Police Department with concerns about "people in camouflage dress and guns" running around in the parks. The existing City Ordinance restricting the discharge of dangerous weapons does not clarify the type of dangerous weapons or projectiles that should be restricted from use in public parks. The language for this proposed ordinance is borrowed from Three Rivers Park District ordinance and has been approved by the Police Department as sufficient to address the issues that would be of concern in public parks. City Staff recommend approval of this amendment to Chapter 9 of the City Code. II CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 2-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Section 9.04, subd. 2, is amended to add subpart(J) as follows: J. "Paint ball gun"means every device by which a person may expel a thin-skinned, paint-filled, gelatin capsule known as a paint ball. Section 2. City Code Section 9.04, subd. 4, is amended to add subpart(AM) as follows: AM. On public property, have possession, fire or discharge, or cause to be fired or discharged across, in, or into any portion of park any gun or firearm, spear, bow and arrow, cross bow, sling shot, air, spring, or gas weapon, paint ball gun or variation thereof, or any other dangerous weapon or projectile, except for purposes designated by the Director. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of February, 2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on the day of 2003. Ig, CITY COUNCIL AGENDA DATE: February 18,2003 SECTION: Consent Calendar DEPARTMENT AREA/DIVISION: ITEM DESCRIPTION: I.C.98-5467/02-5572 ITEM NO.: Engineering Division Approve Change Order No.2 for Glenshire V ► Mary Krause Addition and Water Treatment Plant Wetland r Eugene A.Dietz Mitigation Improvements Requested Action Move to: Approve Change Order No. 2 for the Glenshire Addition and Water Treatment Plant Wetland Mitigation Improvements from DMJ Corporation in the amount of$9,140.00. Synopsis This change order is for the temporary seeding and mulching of the wetland mitigation areas at Glenshire and the Water Treatment Plant to meet Watershed District requirements. Background Information This project consists of creating wetland mitigation areas over Outlot A of Glenshire Addition and the Water Treatment Plant that will be used for future City projects for Columbine Road and the Purgatory Creek Recreation Area. Attachments Change Order No. 2 for 98-5467 and 02-5572 !-5 CHANGE ORDER#2 Date: 1/9/03 To: City of Eden Prairie City Improvement Contract#: I.C. 98-5467&02-5572 Project Name: Glenshire Addition and Water Treatment Plant Wetland Mitigation Contractor: DMJ Corporation Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: 1. Temporary seeding and mulch per watershed requirement at Glenshire. 2. Temporary seeding and mulch per watershed requirements at Water Treatment Plant Adjustments to Contract Price: 1. Seed and mulch 6.4 acres 6.4@ $830.00 $5312.00 2. Seed and mulch 2.4 acres 2.4@ $1595.00 $3828.00 Total $9140.00 Summary of Contract Changes: Contact Amount prior to Change Order#2 $404,987.50 Net Increase resulting from Change Order#2 $ 9,140.00 Current Contract Amount including Change Order#2: $414,127.50 • THE ABOVE CHANGES ARE APPROVED: Hansen Thorp Pellinen Olson Inc. City of Eden Prairie By %G/� _�� By Date /- &3 Date THE ABOVE CHANGES ARE ACCEPTED: DMJ Corporation By 1L-c-11(—A ____. Date CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 18,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Service Area Annual Hennepin County Recycling �-- Leslie Stovring Grant Resolution L J C Through Eugene Dietz Requested Action Move to: Adopt Resolution for submittal of an application for the 2002 Hennepin County Residential Recycling Funding Policy Grant. Synopsis The City of Eden Prairie submits a Residential Recycling Grant Application to Hennepin County on an annual basis. The majority of these funds are distributed to residents with individual service as a recycling rebate on their utility bills. The funding is expected to be slightly less than 2001,which was $167,590. Hennepin County has requested a current Resolution in order to process the Recycling Grant. A copy of the Resolution must be on file with Hennepin County prior to distribution of the Recycling Grant funds to the City. Attachments Proposed Resolution Grant Application Form Is CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M1N4ESOTA RESOLUTION NO. 2003-33 RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE 2003 HENNEPIN COUNTY MUNICIPAL SOURCE-SEPARATED MUNICIPAL RECYCLING GRANT APPLICATION WHEREAS, pursuant to Minnesota Statute 115A.551, each county must develop and implement or require political subdivisions within the county to develop and implement programs,practices, or methods designed to meet its recycling goal; and WHEREAS,Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS, the County has adopted a Hennepin County Residential Recycling Funding Policy for Source-Separated Recyclables to distribute funds to cities for the development and implementation of waste reduction and recycling programs from January 1, 2000 through December 31, 2004; and WHEREAS,to be eligible to receive these County funds, cities must meet the conditions set forth in the"funding policy." NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the submittal of the 2003 Municipal Recycling Grant Application for the Hennepin County Residential Recycling Programs. BE IT FURTHER RESOLVED, that as a condition to receive funds under the Hennepin County Residential Recycling Funding Policy the City agrees to implement recycling programs as committed to by its submission of the 2003 Hennepin County Municipal Residential Recycling Grant Application. ADOPTED by the Eden Prairie City Council February 18,2003. Nancy Tyra-Lukens,Mayor SEAL ATTEST: Kathleen Porta, City Clerk 2002 MUNICIPAL RECYCLING FINAL REPORT 2003 MUNICIPAL RECYCLING GRANT APPLICATION Hennepin County Residential Recycling Program January 1—December 31, 2002 City of Eden Prairie Municipality PART I. 2002 EXPENDITURES ;.x t . :,-.. 0 ;' �;� .�,� ,: 4i.. �, �A �., ;:�,.•� �`..*1" :t:, ,`*7 4-SIP" ':'�'#°y r i.n,+fit .ir- k,,,., :{.,' .,�.': y�tr�`.,.. A. Program Administration $ B. Promotional Activities $ C. Collection Curbside $ Drop-Off $ D. Curbside Collection Containers $ Total Expenditures $ Revenues from Sale of Recyclables $ PART II. 2002 TONNAGES ,: . rd(k R �t;� p v ¢ a ,�. "Y lR:;ri�,� h 4�+'��;. . ., ti9'�tr��� , �����, .°'u� A. Residential Source-Separated Collections Curbside Drop-Off Multi-Housing Total Tons Paper Newspaper Corrugated Cardboard Office Paper Mixed Paper/Junk Mail Magazines Phone Books Other Paper Metal Alum.Cans&Foil Steel&Tin Cans Commingled Cans Scrap Metal Glass Food&Beverage Other Glass Plastic PET HDPE Commingled Bottles Polystyrene Other Plastics Other Vehicle Batteries Recyclables Textiles Carpet Appliances • Other Other Total Tons B. Number(#) of Households(HH)with Curbside Recycling Service Available as of January 1,2003: Single family (1-4 units) Multi-family(5 units and above) + Total households with curbside recycling service available 1 T Property Tax Records _ l Utility Bill Records _ Building Permits _ Other(specify) Avg.lbs./HH = (Total Tons/Total#of HH)*2000 Part III. PARTI ;' ,'l .a'moti f ;r ' it �yy��: *..s>, ,.t �a u ;ai � m, � >_ _ s ' #�i'N� ��h M+R�C ' , � Week Number Of RH With Curbside Number Of HH Setting Out Recyclables Participation Rate Recycling Service Available 9/30-10/05 10/07-10/12 10/14-10/19 10/21-10/26 Totals <,.-;`. ,xci'•:x;:°. •0-:r�a.D � �#�. a.+. ' Part IV. DESCRIPT OI O J ) Gor. a, Please attach a brief description of your city's recycling program,including materials collected. Include information on promotional activities done in 2002 and planned in 2003. Note any major program changes from previous years. PA T V:`RECYCLINGP1.b y` `/{' General Fund: Yes _ No Utility Bill: Yes _ No Monthly charge on resident's bill only: $ B. Curbside Collection Contractors: Organized Open Does Contractor g p Commingle*? 1, Yes No 2. I Yes No 3. I Yes No 4. Yes No 5. Yes No C. Contract Dates/Term: D. Contractor's Recycling Collection Cost/HH/Month: $ E. Collection Frequency: Weekly _ Bi-weekly_ Twice Monthly F. Refuse and Recycling Collected Same Day: Yes _ No G. Contractors that Collect MSW at Municipal Owned Facilities: 1. 2. H. MSW Disposal Facilities that are Being Used by Contractors Listed in Item G: 1. 2. I. Municipal Ordinance Requiring Recycling by: Single Family Residents: Yes _ No _ Mulit-family Residents: Yes _ No _ Businesses: Yes _ No _ I"Zi Part V.F. SIGNATURES : -;'. s .33 ...__ , - .. . Mayor or City Manager 1 Administrator I CIerk Date Recycling Coordinator Date FINAL REPORT AND GRANT APPLICATION DUE FEBRUARY 15,2003 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 18, 2003 DEPARTMENT/DIVISION: _ITEM DESCRIPTION: ITEM NO: Parks and Recreation Through: Robert Lambert Appointment of Assistant Weed Inspector Director isPP From: Stuart Fox, Manager Parks and Natural Resources Requested Action Motion: Move to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Synopsis Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 2/18/2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Department Approval of 2003 Agreement for Forfeiture Captain Robert Reynolds Vehicle Storage and Disposal '-C Requested Action: Move to: Approve the Agreement for Forfeiture Vehicle Storage and Disposal between The City of Eden Prairie and Auction Broadcasting Company for the year 2003. Synopsis: This agreement for Forfeiture Vehicle Storage and Disposal will provide an efficient and cost saving way to store and dispose of vehicles obtained by the City through forfeiture or civil process as the result of their use in connection with a criminal act. Background Information: In January of 2001 the City entered into an agreement with Auction Broadcasting Company to provide storage and disposal services for vehicles obtained through forfeiture or civil process. By using Auction Broadcasting Company the City has seen significant savings in fees related to the storage and disposal of these vehicles compared to previous years. This would be a renewal of the 2002 agreement with only one increase in fees (3.4.2 — $10 increase in tow fee). This agreement has been reviewed and approved by the City Attorney. Attachments: 2003 Agreement for Forfeiture Vehicle Storage and Disposal AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND AUCTION BROADCASTING COMPANY MINNEAPOLIS THIS AGREEMENT is made and entered into this 18th day of February, 2003, by and between the City of Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (hereinafter referred to as the "City"), and Auction Broadcasting Company Minneapolis, a limited liability corporation with its principal place of business located at 18270 Territorial Road, Dayton, Minnesota 55360 (hereinafter referred to as "ABC"). WITNESSETH WHEREAS, the City comes into possession of and is authorized to retain various motor vehicles which are identified as potentially being subject to forfeiture or other civil processes under the laws of the State of Minnesota as a result of their having been used in the connection with a criminal act (hereinafter referred to as "Forfeiture Vehicles") and upon successful completion of the forfeiture or civil process the City is authorized to dispose of said vehicles in accordance with Chapter 2 of the Eden Prairie City Code; and WHEREAS, ABC represents that it has the professional expertise and knowledge to perform its duties as an automobile dealer, and is licensed by the State of Minnesota in that capacity; and WHEREAS, the City desires to hire ABC to transport, store, repair, maintain and sell its Forfeiture Vehicles; NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: 1. Term of Agreement. The term of this Agreement shall begin January 16, 2003, and shall continue until January 15, 2004, subject to termination as provided in Article IV. 2. Duties of ABC. ABC shall perform the following duties: � a� 2.1 Upon specific authorization from the City, ABC agrees to drive or transport those vehicles identified by the City as one of its Forfeiture Vehicles to a secure location to be determined and managed by ABC. 2.2 Upon receipt of a City Forfeiture Vehicle ABC accepts full responsibility for it and agrees to exercise due diligence in the care, maintenance and storage of said vehicle until the time that it is sold or released, so as to avoid waste and obtain a reasonable sale price at auction. 2.3 Upon specific authorization from the City, ABC agrees to perform such minor repair work on the City's Forfeiture Vehicles so as to prepare them for auction and maximize the City's return at auction,but in no event shall such repair work exceed the cost of TWO HUNDRED AND NO/100 DOLLARS ($200.00) without prior, written authorization by the Eden Prairie City Manager or his/her designee. 2.4 Upon specific authorization from the City, ABC agrees to release the City's Forfeiture Vehicles prior to auction on such terms and conditions as the City may direct. 2.5 ABC agrees to box and store personal property that is not affixed to, but located within, the City's forfeiture vehicles and upon specific authorization from the City to release such property on such terms and conditions as the City may direct. 2.6 Upon specific authorization from the City, ABC agrees to promptly sell the City's Forfeiture Vehicles in a commercially reasonable manner by an open and competitive automobile dealer or salvage auction. 2.7 ABC agrees to defend, indemnify and hold harmless the City, its officials, employers, and agents from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from ABC's (including its officials, agents or employees) performance of the duties required under this Agreement provided that any such claim is caused in whole or in part by any negligent act or omission or willful misconduct of ABC. 2.8 During the term of this Agreement ABC agrees to maintain general comprehensive liability insurance in th amount of $1,000,000 for any damage in property, theft, loss or other claims as a result to ABC's negligence or malfeasance in performing this Agreement. In addition, ABC agrees to maintain such motor vehicle liability insurance as required by state and federal laws. ABC further agrees to designate City as an additional insured under said policies and said policies shall provide that the policies shall not be cancelled or terminated for any reason except upon thirty(30) days' written notice to City. 2.9 ABC shall be licensed and bonded in the State of Minnesota to perform its duties under this Agreement and shall provide a certificate of licensure, bonding, and insurance to the City. 2.10 ABC agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this Agreement. 2.11 It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing an agency or partnership relationship between the parties hereto or as constituting ABC's staff as the agents,representatives or employees of the City for any purpose in any manner whatsoever. ABC and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. ABC represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of ABC or other persons, while engaged in the performance of any work or services required by ABC under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against ABC, its officers, agents, contractors or employees shall in no way be the responsibility of the City, and ABC shall defend, indemnify and hold the City, its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. 2.12 The books, records, documents, and accounting procedures and practices of ABC, relevant to this Agreement, are subject to examination by the City, the legislative auditor and/or the state auditor for a period of six(6) years after the effective date of this contract, pursuant to Minnesota Statutes Section 16C.05, subdivision 6. 2.13 In performance of this Agreement, ABC shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age against any employee of ABC, any subcontractor of ABC, or any applicant for employment. ABC shall include a similar provision in all contracts with subcontractors to this Agreement. ABC 1 ;5 further agrees to comply with all aspects of the Minnesota Human Rights Act,Minn. Stat. §363.01, et seq., Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 2.14 ABC shall at all times comply with and abide by Minnesota Government Data Practices Act,Minn. Stat. § 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of ABC. 2.15 ABC represents and warrants that it has and will maintain during the performance of this Agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the City prior to execution of this Agreement is current and in force and effect. 2.16 Any Forfeiture Vehicles which ABC has been authorized and directed to sell but was unable to sell under the terms of this Agreement shall be returned to the City at a site designated by it as soon as reasonably practicable but in no event more than sixty (60) days from the occurrence of the event making sale under this Agreement impossible. 3. Duties of the City. The City shall perform the following duties: 3.1 The City shall consign specifically identified Forfeiture Vehicles to ABC to sell to the highest bidder at public dealer or salvage auction. 3.2 The City shall certify that it has good title and right to sell those of its Forfeiture Vehicles which it directs and specifically authorizes ABC to sell at public dealer or salvage auction and shall provide and deliver merchantable title to the purchaser upon notification from ABC. 3.3 The City shall defend, indemnify and hold harmless the ABC, its officials, employees and agents, from any and all claims, causes of action, lawsuits, / a� damages, losses or expenses, including attorney fees, arising out of or resulting from the City's performance of the duties required under this Agreement, provided that any such claim is caused in whole or in part by any negligent act or omission or willful misconduct of City. Nothing contained in this indemnity agreement shall waive or in any way relinquish or limit the City's immunity or liability limitations provided by common law and Minnesota Statutes Chapter 466. 3.4 The City shall pay to ABC the following amounts as and for its services properly authorized and provided pursuant to this Agreement. 3.4.1 Transportation of an Operable Forfeiture Vehicle to or from the City of Eden Prairie to ABC's designated storage site: $35.00. 3.4.2 Tow of an inoperable Forfeiture Vehicle (tow or trailer) to or from the City of Eden Prairie to ABC's designated storage site: $85.00. 3.4.3 Repair of a Forfeiture Vehicle prior to auction: shop rates. 3.4.4 Sale by auction of a Forfeiture Vehicle: $110.00. 3.4.5 Release of a Forfeiture Vehicle prior to auction: $50.00 redemption fee plus any charges(i.e., transportation). 3.4.6 Storage fee if car is not sold within 90 days: $3.00/day. 3.4.7 Inventory fee for release of personal property: $15.00. 4. Termination. Either party may terminate this Agreement for any reason upon thirty(30) days' advance written notice to the other party. The City reserves the right to cancel this Agreement at any time in event of default or violation by ABC of any provision of this Agreement. The City may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. 5. Miscellaneous Provisions. 5.1 Modification. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment to this Agreement and signed by both parties. 5.2 Assignment. This Agreement shall not be assignable except at the written consent of the City. 5.3 Entire Agreement. This Agreement represents the final and complete Agreement between ABC and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof. 5.4 Severability. The invalidity, in whole or in part, of any term or provision of this Agreement does not effect the validity of the remainder of this Agreement. 5.5 Governing Law. This Agreement shall be governed and construed under the laws of the State of Minnesota. Both parties consent to jurisdiction in the state or federal courts located in Hennepin County,Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens,Mayor By Scott Neal, City Manager AUCTION BROADCASTING COMPANY MINNEAPOLIS By Its �a� CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 2/18/2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Department F. Captain Robert Reynolds Approval of 2003 Towing Services Agreement Requested Action: Move to: Approve renewal of the Agreement for Towing Services between The City of Eden Prairie and Matt's Auto Service for the year 2003. Synopsis: This agreement for Towing Services will provide consistency of towing services and costs. Background Information: For 42 years, Matt's Auto Service (6282 Industrial Drive, Eden Prairie) has been acting as the official towing agency for the City of Eden Prairie. Until May 1999, there had not been any kind of formal agreement between the City and Matt's Auto Service regarding services provided or fees charged for those services. Matt's Auto Service provides towing/impoundment services for several other local police depaitiiients including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff, and State Patrol. This is a renewal of the 2002 agreement with a few small changes in fees or charges ($5 increase in tow fee and $2 increase in per/day storage). The proposed agreement has been reviewed and approved by the City Attorney. Attachments: 2003 Agreement for Towing Services ;.q 2003 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this 18th day of February, 2003, between the City of Eden Prairie, Eden Prairie City Offices, 8080 Mitchell Road, Eden Prairie, MN 55344-2230 ("City"), and Matt's Auto Service, Inc., 6282 Industrial Drive, Eden Prairie, MN 55344 ("Contractor"). In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide all services required by the City for towing of vehicles, as that term is defined in Minn. Stat. § 169.01, Subd. 2. These services shall be provided in accordance with the terms of this contract. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this contract. 2. Personnel. All drivers provided for the towing vehicles shall be checked for driver's license and warrants by the City's Police Department prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws. 3. Storage Facility. The Contractor shall provide storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be within one mile of the City limits. 4. Operation. No vehicle shall be towed under this contract without specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this contract, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall send, within 72 hours, by certified mail, to the registered owner a notice specifying the date and place of the tow, the year, make, model, and serial number of the vehicle towed, if such information can be reasonably obtained, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the Contractor. 6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department shall not be released without written authorization from said department. Vehicles not kept on a "police hold" shall be released by the Contractor after obtaining proper proof of ownership and proof of current insurance coverage if the vehicle is to be driven out of the impound lot. The Contractor reserves the right to specify the manner of payment for all charges and fees. Contractor if 30 agrees to supply personnel and reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 10:00 a.m. to 1:00 p.m. Saturdays; and 2:00 p.m. to 3:00 p.m. on Sundays and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the police department. 7. Towing and Storage Charges. A 24 hour towing rate schedule for the term of the agreement for City of Eden Prairie impounded vehicles is: TOWING RATES-POLICE IMPOUNDS Impounded vehicles $75 Trailering impounded vehicles (additional) $5 minimum Accidents $75* Lowboy&Tractor service $95/hour minimum Dollies (Additional) $25 Winching(Additional) $45 small truck $150 big truck* Semi truck tractors and trailers $150 minimum* On-scene additional labor charges $45/hour minimum *additional labor charges may be required depending on the specific equipment or labor needed at the scene. STORAGE RATES-POLICE IMPOUNDS Two wheel motor vehicles,mopeds, $15/day ATV's, and snowmobiles Other vehicles (ex large trucks) $20/day Inside storage $30/day Tractor-trailers, large trucks $45 -$65/day Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be impounded at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles 431 located off the main roadways. Labor charges must be justified by the Contractor. All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City of Eden Prairie area shall be towed without charge to the City, (b)vehicles towed and/or stored in error(at the request of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a$25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor's expense pursuant to paragraph 10 of this Agreement. Any such fees charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and §169A.63 shall be towed and stored at the following rates: $125 towing and storage for first 45 days; and$150 storage of seized vehicles per month after the first 45 days. Payment of the fees for towing and storage of seized vehicles shall be deducted from the administrative fees owed by Contractor or paid from revenue from the sales of seized vehicles. Vehicles no longer held for seizure may be released to the registered owner as outlined in paragraph 6 above so long as the registered owner has paid all fees related to the seizure. Release of such vehicles shall be governed by Minnesota Statutes §§609.531 to 609.5318 and §169A.63. Any storage or towing fees paid by the registered owner, which have already been paid by the City, shall be reimbursed to the City by the Contractor. 9. Administrative Fees. The Contractor agrees to pay the City $4.00 for clerical and administrative expenses for each vehicle referenced in an impound towing report filed by the Police Department. These fees shall be paid semi-annually, June 30 and December 31, of each year for the preceding six month period. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 10. Records and Reports. Contractor shall prepare a semi-annual report of all vehicles towed, stored, released, and still held, in a form acceptable to the City. This report shall be forwarded to the police department at the same time as payment of the administrative fees referenced in paragraph 9. The report shall include the reasons why, if any, vehicles towed have not been released. All records of services provided by the Contractor pursuant to this agreement shall be available for inspection by the City upon request. 11. Sales and/or Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded, the Contractor shall, with the permission of the Chief of Police, sell the vehicle at a sheriffs sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all transactions of sale or disposal, including the proceeds received, in the semi-annual report referenced above in paragraph 10. The Contractor shall keep records and prepare an annual i3� summary report by January 31,2004, of all losses and profits from the sale or disposal of vehicles towed pursuant to this agreement. 12. Liability. The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time he, or his agent, takes custody of the vehicle, whether that be by signing the receipt for the vehicle or by hooking or hoisting the vehicle. The Contractor shall be responsible for the safe keeping of personal property,within or on the vehicle, as identified on the vehicle impound form. 13. Indemnification. The Contractor shall indemnify, hold harmless and defend the City, its employees and agents from, and against, all claims, damages, losses and expenses, including attorneys' fees, which the City may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including loss of use, as a result of the fault of the Contractor, its employees, agents or subcontractors in the breach or performance of this agreement. 14. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Hazardous Load As required by fed/state laws Worker's Compensation Statutory Employer's Liability $100,000/$500,000/$100,000 Bodily Injury& $100,000 each occurrence Property Damage Fire&Theft $30,000 each occurrence Garagekeeper Liability $30,000 each occurrence The insurance shall cover all operations under this contract, whether undertaken by himself, subcontractors or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned,hired and non-owned motor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph 13. All insurance policies required by this requirement shall include a provision that provides that the policy may not be canceled, terminated, or reduced except upon thirty(30) days written notice to the City. The insurance company shall deliver to the City certificates of all required insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and$300,000 aggregate. 15. Non-Discrimination. The Contractor agrees during the life of this contract not to discriminate against any employee, applicant for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis prohibited by 33 federal, state or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this contract. 16. Subcontractors. The Contractor shall not subcontract all or any portion of this contract without prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by, and covered by, all terms of this agreement. 17. Agreement Period. This Agreement shall commence on January 1, 2003, and terminate on January 15, 2004. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of both City and Contractor. This agreement may also be terminated by either party upon fifteen(15) days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 18. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the performance of this contract. Any violation shall constitute a material breach of this agreement and entitle the City to terminate this agreement. 20. Audit. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as appropriate. 21. Payment to Subcontractors. The Contractor shall pay any Subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the Subcontractor. The Contractor shall pay interest of one and one- half percent (1%2%) per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid • balance of less than $100.00, the Contractor shall pay the actual amount due to the Subcontractor. 22. Data Practices Act Compliance. The Contractor shall at all times abide by Minn. Stat. § 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Contractor. 23. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement. 24. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified, except in writing, signed by all parties. MATT'S AUTO SERVICE,INC. CITY OF EDEN PRAIRIE By By Its Owner Its Mayor By Its City Manager - Dated: Dated: / 35 CITY COUNCIL AGENDA DATE: SECTION: Consent February 18,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Office of the City Manager: Approve the First Amendment to the Joint Scott Neal Powers Agreement for Construction of a Public C7 Safety Training Facility Requested Action Move to: Approve the First Amendment to the Joint Powers Agreement Between Bloomington,Eden Prairie, Edina And Metropolitan Airports Commission for Construction of a Public Safety Training Facility. Synopsis This resolution is being presented to the governing bodies of the organizations which compromise the South Metro Public Safety Training Facility Association(SMPSTFA)joint powers association. The SMPSTFA Board of Directors is seeking to modify the original joint powers agreement to accommodate a request from the City of Edina. The City of Edina has been asked to make perpetual operating commitments to the State of Minnesota in order to qualify the SMPSTFA project to receive a substantial state grant. The City of Edina is willing to make such a commitment if the other members of the SMPSTFA are willing to make reciprocal commitments to the City of Edina. The proposed amendment to the joint powers agreement will make such a commitment from the City of Eden Prairie. The City of Bloomington approved this amendment earlier this month. The MAC is scheduled to approve it later this week. The City of Eden Prairie has made a substantial financial contribution to the SMPSTFA project. This amendment is important to finalizing the grant funds that will complete the financing structure for the project. The City Manager recommends approval of the amendment. Attachments Amended Joint Powers Agreement FIRST AMENDMENT TO JOINT POWERS AGREEMENT THIS AGREEMENT is made on , 2003,between the City of Bloomington, a Minnesota municipal corporation("Bloomington"),the City of Eden Prairie, a Minnesota municipal corporation("Eden Prairie"),the City of Edina, a Minnesota municipal corporation("Edina'), and the Metropolitan Airports Commission, a Minnesota public corporation("MAC"). RECITALS A. Bloomington,Eden Prairie,Edina and MAC have entered into a Joint Powers Agreement dated , 2001 (the"Joint Powers Agreement"),pursuant to Minnesota Statutes Section 471.59,with respect to such parties jointly constructing and operating a public safety training facility. B. All capitalized terms used herein are not otherwise deferred herein shall have the meaning given to them in the Joint Powers Agreement. C. To pay a portion of the costs of construction of the Facility, the State of Minnesota will make a grant in the amount of$500,000 to Edina,pursuant to a Grant Agreement dated September 5, 2002 (the"Grant Agreement"),between Edina and the Minnesota Department of Public Safety. D. The Grant Agreement contains various covenants and agreement with respect to the operation and maintenance of the Facility. E. The Members desire that Edina obtain the grant from the State of Minnesota under the Grant Agreement and as a condition of its entering into the Grant Agreement,Edina is requiring that the Members enter into this Agreement. NOW, THEREFORE, in consideration of the mutual understanding and agreement herein set forth, the members agree as follows: 1. Use of Proceeds of Grant. Upon receipt of the proceeds of the Grant, Edina will pay all of such proceeds to the Association which will apply such proceeds to pay costs of construction of the Facility. 2. Compliance with Grant Agreement. So long as the Associate is the owner of the Facility, it shall comply with all of the terms and conditions contained in the Grant Agreement with respect to the operation and maintenance of the Facility. 3. Repayment of Grant. The Members acknowledge that upon an Event of Default under the Grant Agreement, one of the remedies of the Finance Commissioner of the State of Minnesota is to require that the proceeds of the grant disbursed to Edina under the Grant Agreement be returned to the Finance Commissioner. The Members agree that each of them shall be responsible to pay 25% of the amount of the grant to be returned to the Finance Commissioner in such event. Each of the Members agree that this obligation shall survive the withdrawal of such Member from the Association and the dissolution of the Association in accordance with the Joint Powers Agreement, and that upon any such withdrawal or dissolution none of the Members shall be relieved from its obligation hereunder to repay a portion of the grant to the Finance Commissioner. 4. Counterparts. This Agreement may be executed by any Member in counterpart, each of which,when so executed and delivered, shall be an original,but such counterparts shall together constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. CITY OF BLOOMINGTON CITY OF EDEN PRAIRIE Mayor Mayor City Manager City Manager Date: Date: CITY OF EDINA METROPOLITAN AIRPORTS COMMISSION By Mayor Its City Manager Date: Date: CITY COUNCIL AGENDA DATE: SECTION: Consent February 18,2003 DEPARTMENT/AREA: ITEM DESCRIPTION: ITEM NO. Office of the City Manager: Scott Neal Bluffs at Nine Mile Creek Project Management ` 14 , David Lindahl Agreement Amendment Requested Action Move to: • Adopt Resolution authorizing amendment of the Project Management Agreement for Bluffs at Nine Mile Creek Apartments (formerly Heights at Valley View). Synopsis The amendment makes the Community Development Block Grant(CDBG)loan(mortgage)provided by the City subordinate to the Housing Revenue Bonds. Background This project was originally approved by the Council April 16, 2002. The project includes 63 affordable "workforce" housing units and will be financed in part by the City with Tax Increment Financing and Community Development Block Grant(CDBG) funding. Attachments Resolution Amended Project Management Agreement 39 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. -02 RESOLUTION AUTHORIZING AMENDMENT OF PROJECT MANAGEMENT AGREEMENT WHEREAS, the City and Developer are parties to that certain Project Management Agreement ("Agreement") dated April 16, 2002 concerning certain real property in Eden Prairie, Minnesota on which Developer is to construct a 188-unit apartment building; and WHEREAS, the Developer and City deem it necessary and desirable to amend the Agreement as provided for in the attached First Amendment to Project Management Agreement. NOW THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that: The First Amendment to Project Management Agreement is hereby approved. The Mayor and City Manager are hereby authorized to execute the First Amendment to Project Management Agreement and such other subordination agreements or recordable instruments as may be necessary to carry out the purposes of said First Amendment. ADOPTED by the Eden Prairie City Council on February 18, 2003. Nancy Tyra-Lukens, Mayor ATTEST: (Seal) Kathleen A. Porta, City Clerk ep\dominion hrb\resolution-first amendment 210 CITY COUNCIL AGENDA DATE: SECTION: Consent February 18,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Office of the City Manager: Scott Neal Resolution regarding Council support for David Lindahl Habitat for Technology Requested Action Move to: Adopt Resolution relating to City membership in the Habitat for Technology. Synopsis The Board of Habitat for Technology appeared at the February 4, 2003, Council Workshop to discuss its relationship with the City and request the City's support of an Economic Development Pilot project. The pilot project involves creating an infrastructure to promote economic development utilizing functional web sites. The object is to provide an opportunity for all businesses in the City of Eden Prairie to post and maintain an effective web site. It is anticipated that the target market will be small businesses that lack the resources to effectively create a well-positioned web site. However, in order to ensure access for all businesses, those involved in this pilot will represent a cross section of type, size and industry sector. The pilot project proposes to use student interns to help create a simple framework for web site development. Interns will be supervised and mentored by industry professionals. HFT staff will coordinate and oversee the project. Participating businesses will assist in the development, testing and documentation of a well- defined program that will provide the Chamber of Commerce a prototype for marketing and sales. Staff prepared the attached Resolution at Council's direction. Attachments Resolution LIf CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION RELATING TO CITY MEMBERSHIP IN THE HABITAT FOR TECHNOLOGY WHEREAS, the City Council recognizes the value of membership in the Habitat for Technology; and WHEREAS,the City Council desires to accept the invitation from the Board of Habitat for Technology to become a full partner in Habitat for Technology. NOW,THEREFORE,BE IT RESOLVED,the City Council appoints the City Manager to serve as its representative on the Habitat for Technology Board of Directors; and BE IT FURTHER RESOLVED, the City Council authorizes the City Manager to appropriate to Habitat for Technology a grant of up to $50,000 in 2003 from the City's Economic Development Fund to support the City's pro rata share of the City's membership in Habitat for Technology. ADOPTED by the Eden Prairie City Council February 18, 2003. Nancy Tyra-Lukens, Mayor SEAL ATTEST: Kathleen Porta, City Clerk LIB, 7 crrS j 0 ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- RESOLUTION RELATING TO CITY MEMBERSHIP IN THE HABITAT FOR TECHNOLOGY WHEREAS, the City Council recognizes the value of membership in the Habitat for Technology; and WHEREAS,the City Council desires to accept the invitation from the Board of Habitat for Technology to appoint a representative of the City of serve on the Habitat for Technology Board. NOW,THEREFORE,BE IT RESOLVED,the City Council appoints the City Manager to serve as its representative on the Habitat for Technology Board of Directors; and BE IT FURTHER RESOLVED,the City Council appropriates$50,000 in 2003 out of the Economic Development Fund of the City to be paid to Habitat for Technology for use in its program of promoting, advertising, improving and developing the economic resources of the City. ADOPTED by the Eden Prairie City Council February 18,2003. Nancy Tyra-Lukens,Mayor SEAL ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: 02/18/03 SECTION: Public Hearing MANAGEMENT AND BUDGET/PLANNING: ITEM DESCRIPTION: ITEM� NO.: Planning I •Donald R.Uram Williams Place rA Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from Industrial to Medium Density Residential on 1.9 acres, from Low Density Residential to Medium Density Residential on 2.95 acres, and from Industrial to Low Density Residential on 1.37 acres; and • Adopt the Resolution for PUD Concept Review on 49.33 acres; and • Approve 1st Reading of the Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 on 38.10 acres and rezoning from Rural to RM-6.46 acres; and • Adopt the Resolution for Preliminary Plat of 49.33 acres into 84 lots, 6 outlots and road right of way; 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 Pemtom Land Company Synopsis This residential project includes 79 single family homes and 48 townhouses. Guide plan changes are required for 6.17 acres of the property from Low Density Residential and Industrial to Medium Density Residential and from Industrial to Low Density Residential. Waivers are required for lot size,lot frontage, setbacks, and density. Community Planning Board Recommendation A concept plan for 173 single family homes and townhouses was reviewed by the Community Planning Board at the December 9,2002 meeting. The Board directed the developer to revise the plans to address traffic,road connections, and transition to existing neighborhoods. The Community Planning Board voted 6-1 to recommended approval of the project to the City Council at the January 27,2003 meeting. The revised plan includes 127 single family homes and townhouses. The Board recommended approval of all waivers subject to a minimum 15 foot setback between structures for the single family area. The Board also required the developer to 43 City Council Meeting—February 18,2003 Williams Place Page 2 revise the architecture for the townhouses and put additional tree replacement on the north end of the site. The setbacks have been revised to 15 feet between buildings. The architecture for the townhouses has not been revised. The ends of the buildings should be similar to the"front door" appearance. This would include materials colors, window treatments and other construction details. The tree replacement plan has been modified to include additional plantings on the north end of the site. Background Parks There are two neighborhood parks within the %a mile service area for the property. These are Eden Lake and Creekwood. Staring Lake Park is a community park within one mile of the property. Oak Pointe School is within%2 mile of the property and has play fields and a playground. Although Creekwood Park does not have a play structure,staff has discussed plans to upgrade the park by installing a 20 car parking lot with an entry from Homeward Hills Road, a play structure,and a walking/biking trail from both parking lots to the play structure. A timetable for this work would be based on cost estimates for the project and input from the adjacent residents. Waivers The plan will require waivers from the city code for lot size,lot frontage, and setbacks for the single family area. Fifty nine (59) of the single family lots have one or more of the requested waivers. These waivers are the result of adjusting the lot sizes to transition to the existing neighborhoods. There is a density waiver for the townhouses from 6.7 to 7.43 units per acre. This density is reasonable as a tradeoff for eliminating the industrial and residential land use incompatibility along Highway 212. Traffic and Roads The attached memo from Randy Newton, traffic engineer for the City, and traffic studies by Benshoof and Associates indicates that roads in the area have the capacity to accommodate traffic generated by this proposal. The studies recommend road connections to existing streets and Highway 212 at the traffic signal. The traffic studies are based on the 173 unit plan. The change in number of housing units reduces traffic by 20%. The internal roads have been redesigned to create a more circuitous route which helps to reduce speed and cut through traffic. Wetlands There are 4.2 acres of wetlands on the property. A total of.4 acres of wetland will be impacted, primarily for the construction of the College View Drive connection to City Council Meeting—February 18,2003 Williams Place Page 3 Highway 212. A total of .92 acres will be replaced on site. The project meets the required wetland buffers and wetland setbacks Tree Replacement There are 3,649 diameter inches of trees on the property. A total of 2,667 (73%) diameter inches will be lost due to construction. The required tree replacement is 2,593 caliper inches. Tree loss was lower with the December 9th concept plan. The clustering of units and 10 acres of consolidated open space allowed more trees to be saved. The change in density to create a transition to adjacent neighborhoods and different road layout to reduce traffic impacts requires more of the site to be graded. Construction Access All construction access should be from Highway 212. The developer and builder must enter into an agreement with the City about controlling construction access. This will include requirements for notifying all contractors and suppliers of materials and posting signs for no access to existing residential streets. The agreement will also include penalties for non compliance such as withholding inspections and or permits. Attachments 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Community Planning Board minutes dated December 9,2002 and January 27, 2003 5. Informational Meeting report December 6, 2002 6. Staff report dated January 24,2003 7. Memo from Randy Newton dated December 6,2002 8. Benshoof Traffic Study dated December,2002 9. Supplemental Benshoof Traffic Study dated December 6,2002 LI5 WILLIAMS PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- 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 Williams Place by Pemtom Land Company is for a 79 single family homes and 48 townhouses. 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: Change from Industrial to Medium Density Residential on 1.9 acres, from Low Density Residential to Medium Density Residential on 2.95 acres and from Industrial to Low Density Residential on 1.37 acres, located east of Highway 212, south of Anderson Lakes Parkway and north of Sunnybrook Road. Williams Place, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. ADOPTED by the City Council of the City of Eden Prairie this 18th day of February, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Guide Plan Change-Williams Place Guide Plan Change From Industrial To Multi Family Legal Descriptions That part of the Southwest Quarter of Section 23,Township 116 North,Range 22 West of the 5th Principal Meridian described as follows: Beginning at a point on the West line of said Section 23, a distance of 823 feet South from the West Quarter corner of said Section 23;thence East parallel with the North line of said Southwest Quarter a distance of 355 feet;thence South parallel with the West line of said Southwest Quarter a distance of 127 feet; thence West parallel with the North line of said Southwest Quarter to the West line of said Southwest Quarter;thence North along said West line to the point of beginning, according to the United States Government Survey thereof, and situate in Hennepin County,Minnesota, except highway. AND That part of the following described property: That part of the Southwest Quarter of Section 23, Township 116 North,Range 22 west of the 5th Principal Meridian,Hennepin County,Minnesota,described as follows: Beginning at a point on the West line of said Section 23 a distance of 808 feet South from the West 1/4 corner of said Section23;thence East parallel with the North line of said Southwest Quarter distance of 355 feet;thence North parallel with the West line of said Southwest Quarter a distance of 78 feet;thence East parallel with the North line of said Southwest Quarter a distance of 183 feet; thence South parallel with the West line of said Southwest Quarter a distance of 220 feet; thence West parallel with the North line of said Southwest Quarter a distance of 183.0 feet;thence North parallel with the West line of said Southwest Quarter a distance of 127.0 feet;thence West parallel with the North line of said Southwest Quarter to the West line of said Southwest Quarter;thence North along said West line to the point of beginning. Excepting that part of the above described property which lies westerly of a line run parallel with and distant 70 feet easterly of Line 1 described below: Line 1: Beginning at a point on the easterly extension of the east and west quarter line of Section 22, Township 116 North,Range 22 West, distant 0.12 feet east of the east quarter corner thereof;thence run southerly at an angle of 91 degrees 45 minutes 37 seconds from said easterly extension(measured from west to south) for 963.64 feet and there terminating. Lying southerly of the following described line: Commencing at said West Quarter corner; thence South 00 degrees 35 minutes 03 seconds East, assumed bearing along the west line of said Southwest Quarter, a distance of 823.00 feet;thence North 89 degrees 03 minutes 56 seconds East, a distance of 355.00 feet;thence South 00 degrees 35 minutes 03 seconds East,a distance of 24.57 feet to the actual point of beginning of the line to be described; thence easterly, along a non-tangential curve, concave to the north,having a radius of 412.01 feet, a central angle of 26 degrees 45 minutes 49 seconds, and an arc length of 192.46 feet,the chord of said curve bears North 73 degrees 03 minutes 54 seconds East and said line there terminating. Guide Plan Change From Industrial To Single Family Legal Descriptions That part of the East 363 feet of the West 778 feet of the South 180 feet of the North 440 feet of the Northwest 1/4 of the Southwest 1/4 of Section 23, Township 116 North, Range 22 West of the Fifth Principal Meridian, Hennepin County,Minnesota, lying easterly of the following described line: Commencing at a northeast corner of said East 363 feet of the West 778 feet of the South 180 feet of the North 440 feet; thence South 89 degrees 03 minutes 56 seconds West, assumed bearing along the north line of said South 180 feet of the North 440 feet, a distance of 170.00 feet to the actual point of beginning of the line to be described; thence South 00 degrees 35 minutes 03 seconds East, a distance of 180.00 feet to the south line of said North 440 feet and there terminating. AND That part of Lot 1, Block 1, STORAGE COMPLEX, according to the recorded plat thereof,Hennepin County, Minnesota, lying easterly,northeasterly and northerly of the following described line: Commencing at the northeast corner of said Lot 1; thence South 89 degrees 03 minutes 56 seconds West, assumed bearing along the north line of said Lot 1, a distance of 84.99 feet to the actual point of beginning of the line to be described; thence South 00 degrees 35 minutes 03 seconds East, a distance of 46.58 feet; thence South 20 degrees 06 minutes 00 seconds East, a distance of 187.20 feet; thence North 73 degrees 36 minutes 21 seconds East, a distance of 23.33 feet to the east line of said Lot 1 and said line there terminating Guide Plan Change From Single Family To Multi Family Legal Descriptions That part of the North Half(N 1/2) of the Southwest Quarter(SW 1/4) of Section 23, Township 116 North, Range 22 West of the 5 Principal Meridian,Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter; thence South 00 degrees 35 minutes 03 seconds East, assumed bearing along the west line of said North Half of the Southwest Quarter, a distance of 950.00 feet; thence North 89 degrees 03 minutes 56 seconds East, a distance of 58.02 feet to the actual point of beginning of the land to be described;thence continue North 89 degrees 03 minutes 56 seconds East, a distance of 479.98 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 155.00 feet; thence North 89 degrees 03 minutes 56 seconds East, a distance of 155.00 feet; thence South 18 degrees 17 minutes 21 seconds West, a distance of 64.79 feet; thence South 28 degrees 07 minutes 03 seconds West, a distance of 132.19 feet;thence South 25 degrees 22 minutes 50 seconds West, a distance of 113.51 feet; thence South 13 degrees 13 minutes 33 seconds West, a distance of 114.12 feet; thence South 00 degrees 34 minutes 11 seconds East, a distance of 139.28 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 419.12 feet to the easterly Right of Way line of U.S.Hwy No. 212 per Doc.No. 1651665;thence North 21 degrees 39 minutes 19 seconds West, along said easterly Right of Way, a distance of 159.24 feet;thence continuing along said easterly Right of Way on a bearing of North 00 degrees 08 minutes 46 seconds East, a distance of 221.85 feet to the point of beginning and there terminating. —1 WILLIAMS PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF WILLIAMS PLACE FOR PEMTOM LAND COMPANY 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 January 27,2003 by Pemtom Land Company and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on February 18, 2003, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Williams Place,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 February 7, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated January 27, 2003. ADOPTED by the City Council of the City of Eden Prairie this 18th day of February,2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept-Williams Place Multi Family(R6.S)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23,Township 116 North,Range 22 West,Hennepin County,Minnesota,described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter;thence South 00 degrees 35 minutes 03 seconds East, assumed bearing along the west line of said North Half of the Southwest Quarter, a distance of 823.00 feet;thence North 89 degrees 03 minutes 56 seconds East, a distance of 59.64 feet to the actual point of beginning;thence • continue North 89 degrees 03 minutes 56 seconds East, a distance of 295.36 feet; thence South 00 degrees 35 minutes 03 seconds East, a distance of 24.57 feet;thence easterly, along a non-tangential curve, concave to the north,having a radius of 412.01 feet, a central angle of 26 degrees 45 minutes 49 seconds, and an arc length of 192.46 feet,the chord of said curve bears North 73 degrees 03 minutes 54 seconds East; thence North 89 degrees 03 minutes 56 seconds East,not tangent to last described curve, a distance of 155.00 feet; thence South 18 degrees 17 minutes 21 seconds West, a distance of 64.79 feet;thence South 28 degrees 07 minutes 03 seconds West,a distance of 132.19 feet;thence South 25 degrees 22 minutes 50 seconds West, a distance of 113.51 feet; thence South 13 degrees 13 minutes 33 seconds West, a distance of 114.12 feet;thence South 00 degrees 34 minutes 11 seconds East, a distance of 139.28 feet to the south line of said North Half of the Southwest Quarter;thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 419.12 feet to the easterly Right of Way of U.S. Highway No. 212 per Doc.No. 4561665;thence North 21 degrees 39 minutes 19 seconds West, along said Right of Way, a distance minutes 46 seconds East, a distance of 348.87 feet to the point of beginning and there terminating. Single Family(R13.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter; thence North 89 degrees 03 minutes 56 seconds East, assumed bearing along the north line of said North Half of the Southwest Quarter, a distance of 585.01 feet to the actual point of beginning of the land to be described; thence continue easterly along said line, a distance of 1,274.18 feet to the west line of the East 812.50 feet of said North Half of the Southwest Quarter; thence South 00 degrees 08 minutes 46 seconds West, along said west line, a distance of 1,331.99 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 1,310.61 feet; thence North 00 degrees 34 minutes 11 seconds West, a distance of 139.28 feet; thence North 13 degrees 13 minutes 33 seconds East, a distance of 114.12 feet; thence North 25 degrees 22 minutes 50 seconds East, a distance of 113.51 feet; thence North 28 degrees 07 minutes 03 seconds East, a distance of 132.19 feet; thence North 18 degrees 17 minutes 21 seconds East, a distance of 64.79 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 137.80 feet; thence South 73 degrees 36 minutes 21 seconds West, a distance of 23.33 feet; thence North 20 degrees 06 minutes 00 seconds West, a distance of 187.20 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 226.59 feet; thence South 89 degrees 03 minutes 56 seconds West, a distance of 23.00 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 260.00 feet to the point of beginning and there terminating. 5P-, WILLIAMS PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF WILLIAMS PLACE FOR PEMTOM LAND COMPANY BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Williams Place for Pemtom Land Company dated February 7,2003,and consisting of 49.33 acres into 84 lots, 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 18th day of February, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk 5,3 Planning Board Minutes December 9,2002 Page 3 V. INFORMATIONAL MEETINGS A. WILLAMS, SIMCHUCK,HEIN,MODERN TIRE PROPERTIES INFORMATIONAL MEETING Location: East of Highway 212, South of Anderson Lakes Parkway, and north of Sunnybrook Road. Dan Herbst of Pemtom talked about the history of the property. He stated the property is located south of Anderson Lakes Parkway, west of Homeward Hills Road, north of Sunnybrook Road and east of Highway 212. It consists of approximately 44.7acres which include a low swale, a major wetland to the east, and a small wetland to the southeast. The property rises above residents in the southeast and south which will be utilized as a privacy buffer. The principal streets within the development include Aztec Drive, Darnel Road, Princeton Avenue, Dartmouth Avenue, and Cold Stream Lane. The original plans for the property were for a single family/townhouse neighborhood utilizing the existing roads and utility points of Daniel, Princeton, Dartmouth and Cold Stream. With the plans to connect the development with College View Drive and the subsequent purchase of additional land to allow for right-of-way, there has been a modification of the original plan. He said that 20% of the property will be developed with homes, the remaining 80% will be undeveloped and consist of open space and right-of-way. Herbst stated he reviewed the Eden Prairie demographic information which indicates there is an aging population in Eden Prairie, 28% of the residents are in the 45-65 age group. This age group wants a smaller, maintenance free home and there is a limited supply of this type of housing product in Eden Prairie. Herbst said that he met with Park and Recreation staff and it appears that there are existing park facilities in this location. The plan accommodates the pedestrian system by connecting all of the sidewalks. Public and private open space also. Herbst described the project as including 113 Active Adult single family homes and a cluster of five-12 unit condominium buildings along Highway 212. The single family homes will range from 1,400 to 1,840 square feet and have a starting price of $350,000. The townhomes range from 1,100-1,500 square feet with a starting price of $170,000. There will be covenants that will control outside storage, fencing and accessory structures. An association will be in place for exterior maintenance and upkeep. He stated he is working with engineering to approve signalization and accommodate in and out traffic on Highview and 212. Almost 10.6 acres will be common open space which is almost 24 percent of the site. Herbst summarized his presentation by stating the transition from a planning point of view is perfect with high density on the highway and lower density deeper into the site. There is a limited supply of this type of housing available and this Planning Board Minutes December 9,2002 Page 4 development will fill a market. There are generous open spaces, the housing is low profile for the neighborhood. Single professionals and empty nesters living in these homes will generate less traffic. There will be covenants in place which will not allow storage of vehicles, no fences, etc. Each lot will be unique so that the homes are not repetitive. Franzen stated that when there is a proposed guide plan change, it's important to hold two meetings — a neighborhood meeting between the developer and the neighborhood as an introduction to the project and an informational meeting for the neighborhood to give feedback to the Community Planning Board and staff. Franzen added that the staff report has two alternatives including the guide plan and the proposed plan, but this does not mean there are only two choices. There are numerous ways this site can develop as a balance between city, neighborhood and developer expectations. The next step in the process would be public hearings when everyone will get a chance to review project details such as utilities, landscaping and lot sizes. Al Gray, City Engineer, discussed the traffic evaluation. He stated that in the traffic study, there is an assumption that a certain amount of traffic will be generated per unit. In order to consider the highest potential traffic levels, the Active Adult single family homes are treated as single family homes with more trips per unit. Three distinct residential neighborhoods abut the property. They were designed with the intent for their roads to eventually connect to this new neighborhood. When looking at the estimated traffic volumes in the future, the connection to College View Drive that connects out to 212 is the key area where traffic will access the property. If that connection didn't exist, all the traffic would have to go through the existing neighborhoods. If the townhomes weren't there and it was developed as office, there would be a difference in traffic, probably more traffic than the townhome element. When the project is fully developed, there will be approximately 1600 trips per day at the signalized intersection on 212. At the westerly Daniel intersection, 900 trips per day. In the north approximately 990 trips per day. When considering trips, they are counted as a trip is leaving, another trip is returning. Existing residents will utilize various sections depending on where they're headed. This street network has been planned for some time. With the connection of streets, there will be more alternatives for people in this area. Another important consideration is access for emergency vehicles. Also bus routes and how they're planned, how easily they can get from one neighborhood to another. For those reasons, interconnected streets work well. Corneille opened discussion to public input. Marc Schwartz of 9303 Cold Stream Lane, stated he was speaking for many of his neighbors. He said their primary concern included impact on quality life and 55 Planning Board Minutes December 9,2002 Page 5 safety due to increased traffic flow. It is clear that new residents and existing will use Darnel and all other streets including 212 to reach other locations. It's important to consider the cumulative impact. The proposed connection of Darnel to Cold Stream will be a connection that will be an overflow route for traffic. Many residents have young families that wander into the street. There are concerns regarding young children walking to the bus. Unsafe traffic flow during construction—cars and trucks of various sizes. These drivers contribute to traffic flow and exceed speed. A secondary concern is density of the development. Surrounding lots are significantly larger and in some cases twice as large. This is a concern as to impact on property values. To address these issues the residents would like to propose altering the layout to design a widened roadway, inbound outbound turn lanes and lights. This would help to mitigate the traffic situation. Another option might be a horseshoe loop which would prevent increased traffic. They would like to see multiple cul-de-sacs and generous landscaping. Steppat asked if he was representing the neighborhood Schwartz stated had met with a number of neighbors and he's representing them. Molly Stoffel of 9293 Dartmouth Avenue stated that traffic is an issue. She stated that the neighborhood is here to address concept and content of what goes into the plan. They are aware the land was going to be developed and they want 212 access. The multiple housing is fine near 212. There concern is that the plan was so far away from what the neighborhood wanted. They were looking at bringing the neighborhoods together and they hoped the development would tie all the neighborhoods together. The plan as presented will not provide that. She stated they were concerned that this development would fit well with the surrounding developments. They had hoped for a central park with extensive walking trails throughout the development. The current proposal stated that it's not an attractive project for children. There are many young children in these neighborhoods and they were hoping for homes with young families. In addition, the lots are too small in comparison to existing lots which are a minimum of 13,500 square feet. The residents want smooth blended transitions between neighborhoods, not boulders,bushes or monuments. Lee Smith of 9231 Cold Stream Lane stated that roads in this development could be set up as cul-de-sacs. The access off of 212 would take care of many of the concerns of the neighborhood. This one entrance would be sufficient for emergency vehicles. Eric Falkenstein of 9300 Cold Stream Lane stated that the introduction of lower priced townhomes really will affect property values. The issue concerns the characteristics of the neighborhood and how it affects existing neighborhoods. It all relates to property value and if you live next door to a property worth less than your house it brings property value down. 56 Planning Board Minutes December 9,2002 Page 6 Libby Hargrove of 12640 Sunnybrook Road stated traffic and density are the concerns. They expected a development with less density. With more density this means increases in traffic. She stated the neighbors thought Pemtom would tweak the proposal after the neighborhood meeting input but they didn't. Doug Schluter of 8936 Darnel Road stated he was unclear as to the development's access onto 212. He asked if the Lindeman property had been closed on and whether there would be other hurdles to overcome. He said traffic density is the main problem. Would like to know what the numbers will actually be with this development not what the current rates are. He stated he had suggested utilizing a cul-de-sac approach off of Darnel. He said it seemed to be a suitable spot for a cul-de-sac. He mentioned several developments that are relatively new and have one access in and one out. They include Riley Creek, Settlers Ridge, Stonegate, Timberlake Road, and Bear Path. The neighbors are concerned about the development of the Eden Prairie Mall which would bring more people through their neighborhoods to get there. He said he believed there are solutions to the traffic situation and the idea of using cul-de-sacs and closing off the Darnel, Cold Stream and Dartmouth areas would be a doable solution. Paul Dunn of 8913 Darnel said the central themes are density and traffic. He expressed his frustration with Pemtom since there have not been any modifications of the original proposal. He stated there are three concerns: location, traffic patterns, and financial implications. In regard to location,the area is not appropriate for high density. There are several high density developments within a two mile radius. He said there are three distinct neighborhoods and the remaining land needs to be developed in such a way to bring all the neighborhoods together. Pemtom's original design was single family. There isn't any validity to the Pemtom statistics which say traffic would be less. Traffic is a real concern. The financial implications according to Pemtom will generate great revenue. Cutting it in half would not hurt the City. Single family homes would tie the neighborhood together better. In conclusion, the residents want family homes with children and want Pemtom to listen to them. Dana Kulics of 9195 Dartmouth Avenue said she was very disappointed to see that the comments the neighbors made at the neighborhood meeting were not taken into consideration by Pemtom. They asked for a transitional neighborhood, some higher priced homes equal to those along the perimeter and placement of the other homes in the center of the neighborhood. Corneille summarized the residents concerns. They include traffic flow and safety. Single ingress, egress, cul-de-sacs, access to 212 and Aztec Drive. Density and lack of cohesiveness within the neighborhood. Impact on home values is another issue, along with quality of the neighborhood. Planning Board Minutes December 9,2002 Page 7 Stoelting asked Al Gray to respond to comments made by the residents. Gray stated that he wanted to clarify that the numbers he quoted were not additional amounts of traffic but total amounts including the existing neighborhood and the new areas. The connection to 212 will be signalized with protective turn lanes and a two lane approach. This will result in good traffic access in and out. The City will acquire the right-of-way through the Lindeman property. A development agreement is in effect that allows for that right-of-way for a roadway. In looking at the history of Eden Prairie there have been a lot of roads that required a right- of-way. While some older neighborhoods have single access, the City now plans neighborhoods with multiple access. Riley Creek, Settlers Ridge and Stonegate have or will have additional access. Bear Path has an emergency access for its private street system. Snow plowing is more difficult and as a consequence the • City does not allow unnecessary cul-de-sacs. He said there is a belief that a cul- de-sac will result in higher property values. Whether that's true or not most people don't live on cul-de-sacs. Trying to create cul-de-sacs doesn't allow for a flexible system. The fewer streets that go through,the higher the volume of traffic other streets must carry. The more street connections, the lower the volume. Another consideration is public safety and how emergency vehicles will access the development. Having several connections through can be valuable for safety. A resident from the neighborhood suggested a connection at Aztec Drive as an alternative with an S curve built into the road to slow people down. With the connection to 212 and Aztec, this would provide two accesses to the neighborhood with the least impact. Gray responded that there are other alternatives. He disagreed that it would provide the same overall benefits. The kind of traffic numbers that the development would generate are reasonable. They're different and larger than what exists currently but they are consistent with traffic counts in other areas of the city. Anthony Swanson of 9237 Dartmouth asked if the traffic study could be made available to residents. Gray responded that it was. Mr. Swanson said he was concerned that over half of the new development would travel through the Princeton-Dartmouth area which would increase traffic in a small area. A resident disputed that a great deal of the traffic will go out on 212. He felt the volume of traffic will be dumped into a very quiet neighborhood. This short cut from Anderson Lake and 212 will impact the neighborhood. Jill Larson of 8981 Darnel Road stated that they live on the corner and she believes there is a major concern for substantially increased traffic numbers. S�' Planning Board Minutes December 9, 2002 Page 8 Molly Stoffel stated that the residents want a community park in the neighborhood and it may not come with this development. She's hopeful that the existing park will be expanded. Stu Fox, Manager of Park and Natural Resources, stated that residents would like a park as close to their homes as possible. In this development there are two parks within half mile walking distance. Creekwood Park has remained undeveloped and now that development is coming in there, the City will make improvements. These improvements are predicated by the neighbors coming forward and saying what they would like and, if appropriate, the City will make changes. Fox stated that when a development is proposed, the City has the latitude to take land in lieu of park fees. Many parks don't work and function as neighborhood parks. They run between 8 and 20 acres in size. Rather than adding another park it would be better to spend dollars developing the existing parks. In this case, the City would look at cash park fees to help improve the existing parks. Nelson asked Gray if the traffic study took into consideration traffic coming off 212. She stated that it seemed a large amount of traffic will pass through the neighborhoods to avoid the signal. Gray responded that the traffic study took this into account. Traffic avoiding the signal would be entering southbound on 212. Since that's a protected left turn, traffic can only make a turn with a green arrow. North bound traffic could make a turn in but most of the traffic cuts off on Pioneer and goes over to Homeward Hills. Nelson stated that she is concerned about increased traffic near the grade school. She asked why the road connection doesn't go to Aztec instead of Darnel. She stated her concern that the streets will not result in the best traffic patterns. The Aztec area has a better site-line from Anderson Lake Parkway. She said that Darnel is not a straight street and these are not streets that would appear to be particularly good streets to add additional traffic onto. The streets taking more traffic are generally straight meandering streets. She questioned why the streets were built this way if they were planned to go through. She also questioned lot sizes and setbacks. Franzen stated since the plan is very preliminary and this is an informational meeting, lot sizes have not been finalized. The points of discussion at this level are traffic, roads, and density. The plans show 6,600 square foot lots. Nelson said another important issue was that wetland be set aside. She stated that the developer is required to leave the wetland in its current state. There doesn't seem to be much transition into the neighborhood. A possibility would be a circular road of more houses or a development that wouldn't have as much traffic moving in and out. 5� Planning Board Minutes December 9,2002 Page 9 Foote asked Gray what the traffic numbers were for Evener Way or Dell Road. Gray stated that Evener Way is at 2,000 per day, Hames Way is 3,000, and Heritage Road would be higher. He said all of them would be much higher than any street in this neighborhood. From a livability standpoint, a reasonable traffic volume is 1,500 —2,000 vehicles and for these neighborhoods we would like to stay below that range. One street in this proposal would push up close to 1,000,if a single family rate is achieved. Estimate of new development would produce an additional 1,400 trips per day. Most of the traffic goes out to 212. Darnel was designed as a connector street. The City looks at the traffic study to see if there are traffic volumes that are out of the ordinary. All estimates are within the parameter of acceptable traffic volumes. Frantz asked about the possibility of connection with Aztec Drive. Gray stated they looked at Aztec Drive as an alternative connection but College View is a much better connection. Could look at other options by eliminating the Darnel connection. One of the problems with the Aztec alternative would be the connection of commercial and residential areas. Sodt asked about Aztec and Anderson Lake Parkway as access what about the close proximity. Aztec Drive at Anderson Lake would be challenged by the amount of traffic generated in that area. Steppat stated that neighbors seem concerned about lifestyle and the development being different physically, different home values, lot sizes and designs. It's not going to look the same as the current neighborhood and may affect property values. Also that the lifestyle of the neighborhood will be affected because the social patterns of these new homes would be different than them. A resident stated that the neighborhoods are all different and they had hoped this development would tie all of them together. Stoelting asked what the Guide Plan says about this property. He questioned what benefit the variances and waivers would provide with this project. Franzen responded most of the property is low density which is units per acre which could be single family or multi-family and doesn't refer to size of lots. The Guide Plan has two purposes. The first is the big picture which looks at traffic and growth, sewer, water, electric and gas needs for the entire city. The second is the use of the land and how it fits in with wetlands, trees and neighborhoods. While 2.5 units per acre is the theoretical cap, lot size, traffic, trees and transition determine the actual density. When considering the waivers we look for compelling reasons that would benefit the City. For example, it may satisfy a city Planning Board Minutes December 9,2002 Page 10 need for affordable and market rate senior housing or to preserve trees and wetlands. Franzen added the tree inventory, wetlands and drainage impacts haven't been reviewed. Stoelting asked if Herbst would look at other alternatives to transition to existing neighborhoods, consider a smaller amount of cluster housing development. He could provide different alternatives to discuss at future meetings. Herbst indicated he would be open to that. Koenig stated that she's very excited about the homes but thinks the density is a little high. She stated she considered this a positive addition to the City. She questioned whether if part of this property is zoned industrial would this be made residential. Also, if the developer could accommodate the neighbors by transitioning with a traditional lot with a single family home that would be transitioned along the neighborhood, although this would mean more density along 212. Nelson stated that she's not convinced that someone would want to buy a smaller home on a smaller lot for the same price as a larger home. It's possible if it's an older age group with kids not moving home. She suggested building larger homes with some transition that could be a variety of homes for senior age groups who may not want to trade down in size. If it's not restricted to children, why wouldn't someone buy one even if they have small children. Eden Prairie is children friendly and there's a need to build homes for children to fit into. Why can't this be made so kids can move into it. This isn't affordable housing. The concept target group is a problem for the neighborhood. Sodt stated that he's in that situation moving into a smaller home exactly as discussed here. He said there isn't enough information at this time to make decisions until a more detailed development is brought in. He would be interested in what rationale that there is for granting variances. Koenig stated that prices seem high but she believes that the market needs this. There will be professionals, families,widowed people. Kevin Kulics of 9195 Dartmouth Avenue believes that what the neighborhood is looking for is a transitional neighborhood with a single access out to 212 like Settlers Ridge. There's no benefit to the neighborhood for the streets to connect. A single access if developed correctly could handle traffic out to 212. Herbst responded that associations and covenants are consumer driven. It's the consumer that tells us that they like neighborhoods that are architecturally controlled. Consumers value entrances which may not be appealing to this Planning Board Minutes December 9, 2002 Page 11 neighborhood but they identify the area. The covenants have been tweaked by what consumers tell us. Associations become social connectors instituting web pages, babysitting, etc. They are a positive for neighborhood get-togethers. Throughout this meeting he has heard residents voice three main concerns, traffic, home values and visual. The product is a low-profile. Settlers Ridge started with townhomes then single family homes across from them which are selling for$1.5 million. Lifestyle homes are in demand. Settlers Ridge and Bear Path were very popular when they were introduced. People who own more than one home would find this product ideal. In Settlers Ridge the homes start at $300,000 and top out at$750,000. Values will appreciate very well with this type of home. He stated he is trying to bring to the City and neighborhood a product that works. The original plan included a cluster of townhomes through there with single family homes on the east side. The City did the right thing in presenting a conservative traffic study. The average is 9.7 trips per day for a single family home. The actual traffic counts in Settlers Ridge for this type of home were 4.7 trips. If the original plan were being considered, it would generate substantially more trips. There are no guarantees that only one type of family would be moving in. The target market is for 55 —65 year olds who want a single story house with minimal upkeep. He said he would like to generate as little traffic as possible, and would like to create a neighborhood that is visually pleasing. A resident mentioned an association that residents belong to. It makes sure to keep common areas mowed. The association has no leverage to prevent people from doing whatever they want. She stated that she redrew the plan with a connection at Aztec Drive. Another resident stated that the developer keeps talking about benefits of these homes. He asked whether there were other homes in Eden Prairie similar to these proposed. Herbst replied that there are 48 life style homes in Bear Path and 47 in Settlers Ridge. A resident of 9423 Cold Stream Lane stated that three of the existing homes will be abutting six of the proposed houses in one area. This is a transition that won't work. The developer is ignoring the neighbors concerns. Opening this neighborhood up to 212 and Pioneer Trail will result in huge numbers of cars coming through the neighborhoods. He would like to see more cul de-sacs. Corneille stated that he believed the developer was listening to their concerns and will come back with their input considered. He stated the market indicates a need for this type of housing in the community. The question is how to do it and where it should go. Planning Board Minutes December 9,2002 Page 12 Franzen stated the developer could come back with changes at another informational meeting or have a public hearing which will include all the detailed plans and plan changes. All residents previously notified will receive notices again for the public hearing. • 63 Planning Board Minutes January 27, 2003 Page 3 B. WILLIAMS PLACE by Pemtom Land Company. Request for Comprehensive Guide Plan Change from Industrial to Medium Density Residential on 1.9 acres, Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.95 acres, Comprehensive Guide Plan Change from Industrial to Low Density Residential on 1.37 acres, Planned Unit Development Concept Review on 49.33 acres, Planned Unit Development District Review on 49.33 acres, Rezoning from Rural to R1-13.5 on 38.10 acres, Rezoning from Rural to RM-6.5 on 6.46 acres, Site Plan Review on 6.46 acres, and Preliminary Plat of 49.33 acres into 84 lots, 6 outlots and road right of way. Location: East of Highway 212, South of Anderson Lakes Parkway,and north of Sunnybrook Road. Dan Herbst of Pemtom stated since the December 9th meeting he resolved some issues of concern for the neighborhood and staff. He thanked staff for their input and resident Marc Schwartz for assisting with disseminating information to neighbors. He said that 35.3 acres of the Williams property is guided low density residential and 6 acres are guided open space. Effort has been made to preserve the majority of the existing wetlands with the exception of.4 acres for the construction of the College View Drive connection to Highway 212. In the south and southeast the topography will be utilized as a privacy buffer to those neighbors and will be landscaped for privacy. Properties to the west include Modern Tire, Abra Auto Body, an office building and a parcel of land previously approved for a body shop. The site will be named Williams Place. The original plan called for 113 single family homes on 39.7 acres and 60 townhouses on 4.8 acres. The revised plan now consists of 79 single family homes on 38.10 acres and 48 townhouses on 6.46 acres. There are a variety of lot sizes creating transition areas to the other neighborhoods. Some lots were increased in size and others were reduced. Traffic flow has been adjusted and the road system will solve safety and transportation issues. There will be decreased opportunity for people driving through to other locations. There will be significant landscaping along the boulevards and to the north and along the commercial areas to the west. The areas entering the site will also be landscaped. The larger lots will accommodate single family detached homes since the Active Adult product can no longer be used because of increases in prices. Storm water ponds will be located in the center of the site and to the east near the wetlands. The road system will include public sidewalks connected to all of the streets. All four entrance areas will have screening with landscaping. At the entrance at Collegeview and Highway 212, the topography drops considerably which requires a large retaining wall. The plan is for a monument with the name of the development (Williams Place), a 12 foot boulder wall, a 6 foot screening fence and evergreen landscaping. In summary, the new neighborhood will have four distinct entrances and the layout of the roadways improved considerably. There will be a signal at the 212 intersection. Densities will be compatible with the neighborhoods. There will be boulder walls in other entrances as requested by the neighbors. The development Planning Board Minutes January 27,2003 Page 4 plan is compatible with the comprehensive plan. An entrance off of Aztec Drive will be used by the contractors during the entire construction. Franzen stated the staff recommends approval according to recommendations on page 4 and 5 of the staff report. Two revisions need to be made before this goes to the City Council: 1) The architecture, trim, and materials on the ends of buildings need to be improved, and 2) additional tree replacement proportional to removal of current trees will be necessary. Marc Schwartz of 9303 Coldstream Lane stated that since the initial meeting there have been many productive discussions between staff, neighbors and Pemtom. Residents of the neighborhoods are highly supportive of the new plan. He said compromises had been made by City staff and Pemtom and he wanted to thank them. He commented that concerns include: 1) Consider appropriately placed stop signs throughout the development at the intersections; 2) place a traffic light at Homeward Hills Road and Anderson Lakes Parkway; and 3) upgrade Creekwood Park. He said the neighborhood would like the park updated and would welcome the opportunity to work with the City with input. Doug Schluter of 8936 Darnel Road stated he was not aware of any input from neighbors in the Darnel neighborhood. He said when Herbst originally proposed this they were told the lifestyle homes he was proposing would bring a lower level of traffic. Now with single family homes there will be more traffic. He asked if a new traffic study would be done with the new proposal. He said he wasn't clear as to why Aztec Road couldn't be used as an access point into the development. It seems it would be easy to put a cul-de-sac on access out of Darnel. He said he has heard there is to be an expansion of Anderson Lakes Parkway. He asked what thoughts have been put into these traffic patterns if Anderson Lakes Parkway is expanded. This is just one more reason for people to cut through the neighborhood. Gray responded that the traffic numbers presented at the December 9 meeting were based on single family generation rates which was a worse case scenario. The reduced number of homes in this plan will result in a 20% reduction in road trips than estimated at the December 9 meeting. From a planning standpoint and land use in the area, Aztec Drive isn't a good connection as it doesn't provide any benefits for the neighborhoods; the 212 connection is a good one. With this road pattern, there would not be a lot of through traffic. The residents in these neighborhoods will take routes through the development that are more convenient. When looking at the Darnel neighborhood, connection to the south was deemed to be desirable. In regard to Anderson Lakes Parkway, there are plans to expand the road to four lanes. Timing is important as it will be a controversial project and will be done in stages. There are also plans over the next few months to widen the Preserve Boulevard/Anderson Lakes Parkway intersection to accommodate increased traffic. The City will continue to monitor traffic on Anderson Lakes Parkway and propose the staged upgrade as traffic justifies. There's no definite Planning Board Minutes January 27,2003 Page 5 time frame; it could be over a 12 to 15 year period. At the intersection of Anderson Lakes Parkway and Homeward Hills Road, a temporary signal might be appropriate and should last 8 - 10 years. It's unlikely that a permanent signal will be installed as there would need to be additional lanes and turn lanes installed. Gray said they would look at the plans and there would be traffic controls at the intersections but not necessarily stop signs. Tony Swanson of 9220 Dartmouth Avenue stated the new plan allows more people to travel through Dartmouth going south. He asked how many homes were in the eastern side of the development. These residents will go past his house heading south. He stated he and his neighbors were not asked for input and he is not satisfied with the traffic pattern. Herbst responded there were approximately 50 homes on the eastern part of the property. Paul Dunn 8913 Darnel Road thanked Pemtom, staff and the Planning Board for its flexibility. He said their concerns with the original plan were traffic flow and the overall feel and look of the neighborhood, including density. If there can be agreement on traffic control issues, the reduced density is good and we feel comfortable with the new plan the way it is. The light at Homeward Hills and Anderson Lakes Parkway is very important and the lack of a controlled intersection will cause people to look for other alternatives. Driving the volume through the west and Darnel Road and Anderson Lakes Parkway would make it difficult with additional traffic; the signals will help mitigate this added traffic. He believes the demographics of the single family neighborhood blends well with the existing neighborhoods. Dartmouth and Princeton are sharing the traffic load rather than Darnel being the major route. Foote stated that he appreciates Pemtom working with the neighborhoods. He asked Herbst about tree loss and which lots it impacts on the north end. Herbst showed the northern area where the road system enters will impact the trees in this area. Foote stated he thinks that people in the Darnel neighborhood are going to be shocked by that tree removal. Herbst stated he will work on that and look at reducing the tree loss. He said that if the trees were spread out more they could work around them but they are clustered and need to be removed to accommodate the road and drainage systems. Steppat stated it's really nice to see the process work. Both sides and staff have compromised and worked together well. He asked how many Active Adult units remain in the current development. Herbst responded that because there weren't enough homes and lot prices and roads have gone up in cost, there won't be any Active Adult lifestyle homes; the homes are all single family. Steppat stated he thought Herbst was initially correct in that the adult lifestyle homes are important. Herbst stated he believes in it but the process has to work for the neighborhood. Steppat urged Herbst to consider that type of housing in the future if he has the opportunity. Planning Board Minutes January 27,2003 Page 6 Koenig asked Herbst in regard to the Collegview area whether he had planned to fill the wetland when he submitted his original plans Herbst stated that he did. She asked if the whole area will be filled. Herbst responded it probably would be because of the boulder retaining wall. Koenig asked where he would be mitigating wetland. Dwight Jelle of Westwood responded by showing where the boulder walls will be located and he stated that they won't be filling the entire wetland to the south. Koenig asked how many acres will remain open space. Herbst respond it will be less than the original plan; approximately four acres. Koenig asked if it was wetland or available land. Herbst responded wetland and storm retention ponds. Koenig stated it's not really open space if it's a wetland. She asked Gray with the addition of four cul-de-sacs how the City would address emergency vehicle access. Gray stated the four cul-de-sacs are not long in length so they should be fine for emergency vehicles. On the east side of the site the street will be extended and that area will have to be a cul-de-sac. It's more of an indirect street pattern and with only one more cul-de-sac. Nelson stated she was pleased with the plan and the neighbors and Pemtom working together. She said there are several outlots listed. In the past, there have been problems with outlots. She asked if there will be conservation easements over the outlots. Gray responded there would be for drainage and utilities. He said when there are problems with outlots it occurs in larger single family neighborhoods where they have had public improvements for instance with trails and they aren't being maintained. The problems come in with private use and infrastructure that's not maintained. These outlots won't be a problem since they will have wetlands that will be protected and areas for utility access. Nelson asked if the five yard setback could be against the 10 yard setback in the sideyards. She would like to see more than 10 feet between structures. Franzen responded this could be a condition of approval to maintain 15 feet between structures. Nelson asked Herbst if he would consider making exterior grounds maintenance available to the single family homeowners on an individual contract or fee basis, similar to what's available in the townhome area. Families might appreciate this and it could be very beneficial to the neighborhood. Stoelting stated that the compromises have made the Board's job easier. He asked Herbst how he will proceed with developing the project and if there is an area that he would start to develop first. Herbst responded it will be done all at one time. Because of utility connections and storm sewer work it will all be graded under one contract. Stoelting asked where homes would be built initially. Herbst said that would be up to the builders as to where they build their models. Stoelting asked about the Modern Tire area and whether there will be a problem with noise in that area since the homes in the northwest corner will be fairly close to that business. Planning Board Minutes January 27,2003 Page 7 Herbst responded that other than landscaping better noise insulation, such as upgraded windows, could be installed in homes to reduce noise inside the home. It will depend on what the home buyer will be willing to pay for improvements. Stoelting asked how far Modern Tire is from the closest home. Herbst responded 300 feet. Koenig stated she misses the Active Adult units and said she was very excited about that part of the proposal. She appreciates the changes and compromise but believes there's a market for the adult housing. In the previous plan density was concentrated but there was more open space. This development seems more dense and there is more tree loss. Corneille praised the neighborhood, City staff and Herbst for working together. Matt Hillmer of 8560 Darnel Road stated he is concerned that traffic will be increased and said it seemed the cul-de-sacs in the first meeting were not accepted and now they're okay. Dana Kulics of 9195 Dartmouth Avenue asked whether the plan was the City's idea or Pemtom's. She said that with the heavier density, the entrance from 212 should be taken out and a further traffic study should be done. She encouraged a study be done to signalize the Anderson Lakes Parkway and Homeward Hills intersection. Gray stated that will take a good look at signalizing the Anderson Lake Parkway and Homeward Hills intersection. The street pattern was developed to prevent additional traffic taking shortcuts through the area. By making the pattern more indirect, it reduces that opportunity. He said there won't be another traffic study because in the original study staff used the number of single family units based on 9.6 trips per day and that's what is expected for this neighborhood. City staff did some traffic counts in another neighborhood off Anderson Lakes Parkway near Highway 169. It's an enclosed neighborhood with three outlets which averaged 9.5 trips per unit per day. This plan will reduce total traffic numbers by 20%. There will be differences in what streets people use. There might be more trips out of the southeast corner but those numbers were the lowest with less than 300 vehicles per day and this may increase. People will choose exiting on a signalized intersection during busier times of the day. The heaviest traffic areas will have approximately 1,000 trips per day which is not unreasonable. There are residential streets in Eden Prairie in the 2,000 range. Molly Stoffel of 9293 Dartmouth Avenue said she is concerned about traffic and exiting out of the development on Princeton to Homeward Hills. She said a lot of the traffic turns left and it's a blind turn and very busy. Most go down Dartmouth by the fire station to a controlled intersection. She asked if anything can be done at the T of Princeton and Homeward Hills to make it a controlled intersection. Gray 6�' Planning Board Minutes January 27,2003 Page 8 responded that a stop sign on Homeward Hills wouldn't be appropriate. It would be an unbalanced traffic situation and people would ignore the additional stop sign. Nancy Bergstrom of 12512 Cockspur Court expressed concern about traffic on Darnel. The original traffic projections on Darnel was 930 trips per day and that will be reduced by 20%. Darnel is not a wide road and when two cars meet coming from opposite directions and there is a car parked on side of the road, one of the drivers needs to wait to let the other go through. Because of this it seems Darnell wouldn't handle anymore traffic. Gray responded that 28 foot wide residential streets do well with volumes of 2,000 vehicles per day. There is no need to widen streets and with parked cars it can slow traffic down. On Evener Way you still would have problems with parked cars and cars meeting, someone has to let the other one go through. MOTION by Stoelting, second by Koenig,to close the public hearing. Motion carried,7,0. MOTION by Stoelting, second by Foote,to approve the request for Comprehensive Guide Plan Change from Industrial to Medium Density Residential on 1.9 acres, Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.95 acres, Comprehensive Guide Plan Change from Industrial to Low Density Residential on 1.37 acres,Planned Unit Development Concept Review on 49.33 acres,Planned Unit Development District Review on 49.33 acres,Rezoning from Rural to R1-13.5 on 38.10 acres,Rezoning from Rural to RM-6.5 on 6.46 acres, Site Plan Review on 6.46 acres, and Preliminary Plat of 49.33 acres into 84 lots, 6 outlots and road right of way,based on plans dated January 17,2003, and subject to the recommendations of the staff report dated January 24,2003,to the City Council, and maintain 15 feet between structures. Motion carried,6-1. Koenig voted ney '9 STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: December 6, 2002 SUBJECT: Williams,Simchuck,Hein,Modem Tire,Properties—Informational Meeting APPLICANT/ Pemtom Land Company LOCATION: South of Anderson Lakes Parkway,west of Homeward Hills Road,north of Sunnybrook Road, and east of Highway 212 70 A3rea Location lti1ap - Williams Property (Project 200,..,2-20) i- a0 _ - - _ . 41" .y - , - , Fesc ‘131111 A;gill ----------1 ...Ilk Amin •-::, ' 's . „„„„.... It., 11111 w Iris IN .ffwb, lit 11111111" 4 vi LIM 411P•is.,_4 * —Ar . Columbine � ,,itiaii , ' es* • ., , 1 -il Road.M1 Aztec �; \ • Drive ` . w .1 .. UST21 ‘, Homewar•' -. - , Hills Road,•'"-t,. IVA. Colle•eVew " ' _ k y Princeton'A "4f 1 �lir ,. .. .. : ' imi dfp dibh . old St eam.Lane. D,., .o h,•11 �f 1: ti di : : t�• f j'� y• '��ri �'Hearthstea�d°�•: ". NN, ,. .. , c /)\ --/\ ' 1 [ ._ Fffs - • _ .4's_ ,.. .,•,..,. 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"4::::::.........::::::::.• -::-..::::::::::::::::::::::........•"::::. N.... , ...,... , NN, 1••••.. s,. -_,..,,,,,.."„.4..............P"'--. ......, .1 I tf•S• ••t i1: 1 -'<'::... .,,:::.:......*:::....•: -..••-•:.:..,':: ._ 'r'1,-:',.:,.......„._..............•••••:•::•:-:•...-........y..........•••..:_ti..,_.........h - . -•i/I •,- , \<,-•,:\ --..,•.-..- ..; N, ....:..':\ .,, , \ --...-7--;,-- .• \ .„,,,'..\,___,---- ----...--- :::'..1.-.z___------ - - \,';\'_.• • ,3 - • _ 7 _ Staff Report—Williams, Simchnck,Hein,Modern Tire Property- Informational Meeting December 6, 2002 PURPOSE The purpose of the informational meeting is for: 1. The developer to present the proposed concept plan. 2. The developer, the Community Planning Board, and staff to hear comments from area residents on the proposal. 3. To identify issues for the developer and staff to address in detailed plans prior to returning for a public hearing. At future public hearings detailed plans for roads, grading and drainage, stormwater ponds,trees, wetlands,utilities, and sidewalks will be presented. DEVELOPMENT PROPOSAL The proposed plan includes 173 single family homes and townhouses on 44.5 acres at a density of 3.89 units per acre. There are 113 single family homes on 39.7 acres at a density of 2.85 units per acre. There are 60 townhouses on 4.8 acres at a density of 12.5 units per acre. EXISTING GUIDE PLAN Most of the Williams property is guided low density residential (35.3 acres) and open space (6 acres). Low density permits up to 2.5 units per acre. The open space area may be used for low density provided the wetland areas on the east side of the property are protected by conservation easements. Based on 41.3 acres a total of 103 housing units are possible. A total of 3.2 acres of land is guided industrial for up to 41,876 square feet of building. This includes land owned by Simchuck(1.0 acres),Hein(.9 acres),Modern Tire(.7 acres),and Williams (.6 acres). Surrounding land is guided low density residential to the north and south. Land to the west is guided industrial. Land to the east is guided open space. SURROUNDING DENSITIES The attached drawing shows densities adjacent to the property ranging from 1.75 to 2.59 units per acre. The weighted average density is 2.35 units per acre. y Staff Report—Williams,Simchnck,Hein,Modern Tire Property- Informational Meeting December 6,2002 PARKS There are two neighborhood parks within the mile service area for the property. These are Eden Lake and Creekwood. Staring Lake Park is a community park within one mile of the property. Oak Pointe School is within%2 mile of the property and has play fields and a playground. Although Creekwood Park does not have a play structure, staff has discussed plans to upgrade the park by installing a 20 car parking lot with an entry from Homeward Hills Road, a play structure, and a walking/biking trail from both parking lots to the play structure. A timetable for this work would be based on cost estimates for the project and input from the adjacent residents. PLANNED UNIT DEVELOPMENT WAIVERS The plan will require waivers from the city code for lot size and lot dimension and density. A planned unit development allows the city to grant waivers if: • The plan results in a more creative and efficient approach to the use of land. • The plan is designed in such a manner to form a unified environment within its own boundaries. • The waivers are justified by the design. • The plan is better for the site and the City than if no waivers are granted. The waivers are needed in order to create private open space controlled by an association. The plan could be developed without waivers and the open space would be within individual lots. TRAFFIC AND ROADS The attached memo from Randy Newton, traffic engineer for the City, and traffic studies by Benshoof and Associates indicates that roads in the area have the capacity to accommodate traffic generated by this proposal. The studies recommend road connections to existing streets and Highway 212 at the traffic signal. SUMMARY The Community Planning Board should discuss the following questions. 1. Should the land remain guided low density residential and industrial or changed to medium density residential as proposed by Pemtom Land Company? 2. Does the existing road system have the capacity to accommodate the proposed traffic? Should roads be connected to existing streets and Highway 212? 3. Does the plan with waivers result in a better design and benefits to the City? 75 Staff Report—Williams, Simchuck,Hein,Modern Tire Property- Informational Meeting December 6, 2002 STAFF RECOMMENDATIONS 1. Developing the property according to the comprehensive plan is an acceptable use of the property. Appropriate buffer zones will be needed to mitigate the impacts of truck traffic, noise, lights,loading areas and storage between the areas that are guided industrial and the areas that are guided residential. All roads should be built and connected to evenly distribute traffic. 2. Developing the site according to the Pemtom proposal is also an acceptable use of the property. The plan would eliminate potential land use conflicts between industrial and residential. The plan provides an opportunity for"active adults"or residents who want to continue to live in the City but need a smaller home with less maintenance. The plan with waivers creates private open space for ponds and wetland protection. All roads should be built and connected to evenly distribute traffic. Staff is comfortable with either development approach to the property. 1 76 STAFF REPORT TO: Community Planning Board FROM: Michael D.Franzen, City Planner DATE: January 24, 2003 SUBJECT: Williams Place APPLICANT/ Pemtom Land Company OWNERS Williams, Simchuck,Hein,Modem Tire,Properties LOCATION: South of Anderson Lakes Parkway,west of Homeward Hills Road,north of Sunnybrook Road, and east of Highway 212 REQUEST: 1. Comprehensive Guide Plan Change from Industrial to Medium Density Residential on 1.9 acres 2. Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.95 acres 3. Comprehensive Guide Plan Change from Industrial to Low Density Residential on 1.37 acres 4. Planned Unit Development Concept Review on 49.33 acres 5. Planned Unit Development District Review on 49.33 acres 6. Rezoning from Rural to R1-13.5 on 38.10 acres 7. Rezoning from Rural to RM-6.5 on 6.46 acres 8. Site Plan Review on 6.46 acres 9. Preliminary Plat of 49.33 acres into 84 lots, 6 outlots and road right of way 77 Area Location vh ap: Williams Place (2002-20) /$ 111li 0 . _. _ i ii- - .,. , Ande • - - " -Y ____....4. .:„„olail,10,, ,,i,,, , ., . . 4". . 1169 :. - - '1A1 Itoo,1% . , ilp ism . .,o k i� , • w4r AR. . Columbine Road ��� �.' �* Aztec ' . :.'Drive =-1, ''' ' l illl ...,. : .... . 10P . US 21 , _ti-•,` �. :': . • 1111 , Homewar• _ .H ills',Road. • ..•Colle•e View �t Princeton:Ave• 1411 . . . . , .. ., • • ;„.". . • .,, . ••,,,. ...,,:-: , ..,„; .:::-...•, .... . , , . . . . •.• .. ., •.:......._,,. . •.... . . . , , . . • ,., . .. .,. . . . . • . .. . . . ... '� a, , ' ...,. . • . . . . ,,, . .,:,s...-:•:•,,,,....::::.•..,,,,•,::-....,...„:.,-,::-. ..r. ,,,t........,...:.,•,.:, ,.•,...,._, ,.: . .. .,::::. f ® '4 • • . - ' •' " . 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''s N',....-1 .. ..1\re :••• . -. - •f.,:E.F.,-.____ -:.... .,...."•::::•....:,.___ ,..;;.,........,..=..,.___--.::__--7,..:,..„........_,.....,-----1- ., i ,/,../ ----...----- ----- ---••••••-....:4•4:. _. .....,;i,6' ,,,,...F • .4.• r "•)- -..-...- , •.s.. • -s-,..,....\• N:\ -., - ..N., ..• .-,...._________—_-----::::--- •.. . •_--.... - \\'.N1/4\, '•-'. '' • :71' ‘ ., ,. sZ>•.,,,, _ Sfro Gess ..-• _ - - Staff Report—Williams Place January 24,2003 BACKGROUND A concept plan for 173 single family homes and townhouses was reviewed by the Community Planning Board at the December 10, 2002 meeting. The Board directed the developer to address traffic,road connections, and transition to existing neighborhoods in revised plans. REVISED DEVELOPMENT PROPOSAL The revised plan includes 127 single family homes and townhouses on 44.5 acres at a density of 2.86 units per acre. There are 79 single family homes on 38.10 acres at a density of 2.07 units per acre. There are 48 townhouses on 6.46 acres at a density of 7.43units per acre. EXISTING GUIDE PLAN Most of the Williams property is guided low density residential (35.3 acres) and open space (6 acres). Low density permits up to 2.5 units per acre. The open space area may be used for low density provided the wetland areas on the east side of the property are protected by conservation easements. Based on 41.3 acres a total of 103 housing units are possible. A total of 3.27 acres of land is guided industrial for up to 42,742 square feet of building. This includes land owned by Simchuck(1.0 acres),Hein(.9 acres),Modern Tire(.7 acres),and Williams (.67 acres).. Surrounding land is guided low density residential to the.north and south. Land to the west is guided industrial. Land to the east is guided open space. SURROUNDING DENSITIES The attached drawing shows densities adjacent to the property ranging from 1.75 to 2.59 units per acre. The weighted average density is 2.35 units per acre. PARKS • There are two neighborhood parks within the %2 mile service area for the property. These are Eden Lake and Creekwood. Staring Lake Park is a community park within one mile of the property. Oak Pointe School is within%2 mile of the property and has play fields and a playground. Although Creekwood Park does not have a play structure, staff has discussed plans to upgrade the park by installing a 20 car parking lot with an entry from Homeward Hills Road, a play structure, and a walking/biking trail from both parking lots to the play structure. A timetable for this work would be based on cost estimates for the project and input from the adjacent residents. Staff Report—Williams Place January 24,2003 PLANNED UNIT DEVELOPMENT WAIVERS The plan will require waivers from the city code for lot size,lot frontage,and setbacks for the single family area. Fifty nine (59) of the single family lots have one or more of the requested waivers. Theses waivers are the result of adjusting the lot sizes to transition to the existing neighborhoods. There is a density waiver for the townhouses from 6.7 to 7.43 units per acre. This density is reasonable as a tradeoff for eliminating the industrial and residential land use incompatibility along Highway 212. TRAFFIC AND ROADS The change in number of housing units reduces traffic by 25%. The internal roads have been redesigned to create a more circuitous route which helps to reduce speed and cut through traffic. WETLANDS There are 4.2 acres of wetlands on the property. A total of.4 acres of wetland will be impacted, primarily for the construction of the College View Drive connection to Highway 212. A total of.92 acres will be replaced on site. The project meets the required wetland buffers and wetland setbacks TREE REPLACEMENT There are 3,649 diameter inches of trees on the property. A total of 2,667(73%)diameter inches will be lost due to construction. The required tree replacement is 2,593 caliper inches. Tree loss was lower with the December 10th concept plan. The clustering of units and 10 acres of consolidated open space allowed more trees to be saved. The change in density to create a transition to adjacent neighborhoods and different road layout to reduce traffic impacts requires more of the ' site to be graded. The largest cluster of existing trees is located near the end of existing Darnell Road. The amount of tree replacement in this area should be increased along the common property line adjacent to existing homes. SITE PLAN REVIEW TOWNHOUSES The proposed townhouse area will be zoned RM-6.5. The buildings meet the required front(35ft), rear(25 ft), and side(10 ft)yard setbacks. The plan provides the required parking of one enclosed space and one open space per unit. The landscaping requirement is 429 inches. The plan meets this requirement. Staff Report—Williams PIace January 24,2003 The ends of the buildings should be modified to be similar to the "front door" appearance. This would include materials colors,window treatments and other construction details. CONSTRUCTION ACCESS All construction access should be from Highway 212. The developer and builder must enter into an agreement with the City about controlling construction access. This will include requirements for notifying all contractors and suppliers of materials and posting signs for no access to existing residential streets. The agreement will also include penalties for non compliance such as withholding inspections and or permits. COLLEGE VIEW DRIVE The developer shall petition the City for the construction of College View Drive. SUMMARY The Community Planning Board should discuss the following questions. 1. Should the land remain guided low density residential and industrial along Highway 212 or changed to medium density residential? 2. Does the revised plan transition to existing surrounding neighborhoods? 3. Does the revised road layout distribute traffic and discourage cut-through traffic from Highway 212? STAFF RECOMMENDATIONS Recommend approval of the following request: • Comprehensive Guide Plan Change from Industrial to Medium Density Residential on 1.9 acres • Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.95 acres • Comprehensive Guide Plan Change from Industrial to Low Density Residential on 1.37 acres • Planned Unit Development Concept Review on 49.33 acres • Planned Unit Development District Review on 49.33 acres • Rezoning from Rural to R1-13.5 on 38.10 acres • Rezoning from Rural to RM-6.5 on 6.46 acres • Site Plan Review on 6.46 acres • Preliminary Plat of 49.33 acres into 84 lots, 6 outlots and road right of way 46.3 Staff Report—Williams Place January 24,2003 This is based on plans dated January 17, 2003, the Staff Report dated January 24, 2003, and the following conditions: 1. Prior to City Council review, the proponent shall revise the plan as follows. A. Modify the ends of the buildings to be similar to the"front door"appearance. This would include materials colors, window treatments and other construction details. B. Amend the tree replacement plan to include more plantings on the north end of the site. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property,as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscape surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. C. Pay the Cash Park Fee. D. Submit samples of exterior materials for review and approval. 4. The following waivers have been granted through the PUD District Review for the property based on the plans dated January 17, 2003. A. Lot frontage less than 85 feet in the R1-13.5 District. B. Setbacks from 10 feet minimum and 25 feet total to 5 feet minimum and 15 feet total in the R1-13.5 District C. Lot size less than 13,500 square feet In the R1-13.5 District. D. Density from 6.7 to 7.43 units per acre in the RM-6.5 District 7 ?LI i� Memorandum - _ Traille To: Community Planning Board Mike Franzen From: Eugene A.Dietz Randy Newton Date: December 6,2002 Re: Williams Property Traffic Impacts The following is Engineering's summary of the traffic impacts of the proposed William's Property development. Trip Generation The proposed development is anticipated to add 1,433 daily vehicle trips. This is approximately 250 additional trips than the guided land use. for the subject properties. The following table summarizes the trip generation of the proposed plan, an alternative land use plan that replaces the 60 townhome units with 70,500 square feet of office, and the guided land use. AM PM DAILY Proposed Plan 111 146 1,433 (113 Single Family, 60 Townhomes) Alternative Plan 210 235 1,897 (113 Single Family, 70,500 SF Office) Guided Use 105 131 1,179 (103 Single Family,25,000 SF Ofc/Ind) It should be noted that the developer has indicated that the single family homes will be marketed as "Active Adult Lots". If this type of use is achieved a lower trip generation rate (similar to townhomes) is possible. As a result a potential lower limit for traffic generated by the proposed development is 1,014 which would result in a 29%reduction in daily trips. Transportation System Impacts The results of the traffic study indicate that the City's existing and planned transportation system can accommodate the proposed development without significant impacts. In addition, the traffic study indicated that there were no significant differences between the proposed development and the alternative with 70,500 square feet of office. The study did reinforce the future need to upgrade Anderson Lakes Parkway to a four-lane facility as indicated in the City's Transportation Plan. Also, as a result of the new roadway connection to Flying Cloud Drive (TH 212) minor modifications to the Flying Cloud Drive/College View Drive traffic signal and intersection will be required. Roadway Connections With the development of the Williams Property, City staff has recommended that the following roadway connections be made: • Flying Cloud Drive(TH 212) • Darnel Road • Princeton Avenue/Dartmouth Avenue • Cold Stream Lane Each of the roadway connections has been planned for with the development of the adjacent properties and is expected to offer the following advantages: • Neighborhood access. The connection to Flying Cloud Drive (TH 212) is expected to be the primary access from the regional system to the neighborhood. Also, because it will serve the new development as well as the adjacent neighborhood of Daniel, Princeton, Dartmouth, and Cold Stream it is expected to take some of the pressure off the congested Flying Cloud Drive/Anderson Lakes Parkway intersection. • Provide alternatives. With multiple roadway connections drivers can pick the most convenient location for entering and exiting the neighborhood. This leads to shorter vehicle trips and helps maximize the efficiency of the roadway system. The multiple entrances also allow for alternative routes to and from the neighborhood and individual homes if the primary route is blocked for any reason (street construction, downed power lines, etc.). These alternatives will also improve the efficiency of snow plowing and the potential for routing school buses as well as general service delivery to the neighborhood. • Diffusion of the neighborhood's traffic impact onto the local and regional roadway systems. Without the local street connections all traffic from the neighborhood would be funneled to Flying Cloud Drive(TH 212)putting more pressure on this congested corridor. For example without the local road connections traffic from the proposed development would be required to use Flying Cloud Dr (TH 212) for such short trips as the Eden Lake Elementary school, Eden Lake park, Creekwood park, Eden Prairie Center, and Pax Christi Church. • Improved access for police, emergency vehicles, and neighborhood traffic. The multiple access points allow faster response times for police and emergency vehicles. As an example, without the Cold Stream, Princeton, and Dartmouth connections, response times from Fire Station 2 (located at the Homeward Hills Road / Sunnybrook Road intersection)would be significantly longer. The traffic study evaluated the impacts of providing the roadway connections and determined that the traffic volume on all of the connecting roadways is expected to increase. The impacts to Cold Stream Lane, Dartmouth Avenue, Princeton Avenue, and the east leg of Darnel Road are minor with expected traffic increases on each roadway of under 200 vehicles per day and resulting traffic volumes well within acceptable levels for a residential street. With an increase of approximately 500 vehicles per day the west leg of Darnel Road is expected to have the largest increase in traffic volume. The increase results in a total volume on the north end of Darnel Road of approximately 1,000 vehicles per day. While this volume is on the higher end for a residential street it is still within acceptable levels and comparable to the following residential roadways in Eden Prairie that have similar characteristics to Daniel Road and daily traffic volumes of 800 to 1,000: • Promontory Drive • • Fallbrook Road • Wynnfield Road • • Gordon Road • Woodland Drive • Amsden Way Providing the final roadway connections as part of in-fill projects is virtually always unpopular with the existing neighborhoods. However,traffic congestion and the need to improve our transportation. system has been a primary public issue for many years. The importance of incorporating these final design details into our long planned transportation system cannot be overemphasized if we are to be proactive in dealing with this critical issue. In recognition of the likely concern from the Darnel neighborhood regarding the connection to the Williams Property, staff requested the traffic consultant test the implications of not making the Darnel Road connection. The draft results of the study are attached and reinforce staffs strong recommendation to make the Darnel Road connection to the proposed development. G:\Development Proj\William's Property\Williams Staff Report Traffic Impacts 12-06-02 TRAFFIC IMPACT REPORT FOR PROPOSED RESIDENTIAL DEVELOPMENT ON THE WILLIAMS PROPERTY EDEN PRAIRIE, MINNESOTA Prepared for: City of Eden Prairie Prepared by: Benshoof& Associates, Inc. December 2002 CONTENTS Page LIST OF FIGURES ii LIST OF TABLES ii SUMMARY iii PURPOSE AND BACKGROUND INFORMATION 1 Anticipated Development 2 Existing Roadway Facilities 5 TRAFFIC FORECASTS Trip Generation 6 Trip Distribution 7 Traffic Volumes 7 INTERSECTION TRAFFIC ANALYSES Approach . 16 Anderson Lakes Parkway and West Damel Road 16 TH 212 and College View Drive 17 TRAFFIC ANALYSES OF ROADWAY SEGMENTS 19 CONCLUSION 20 APPENDIX Description of Levels of Service 21 Levels of Service at Anderson Lakes Parkway and West Daniel Road Intersection 22 �9 LIST OF FIGURES Figure Page 1 PROJECT LOCATION 3 2 PROPOSED DEVELOPMENT 4 3 TRIP DISTRIBUTION 9 4 2002 INTERSECTION TRAFFIC VOLUMES 10 5 REDISTRIBUTION OF EXISTING TRAFFIC 11 6 AM PEAK HOUR INTERSECTION TRAFFIC VOLUMES 13 7 PM PEAK HOUR INTERSECTION TRAFFIC VOLUMES 14 8 DAILY TRAFFIC VOLUMES 15 LIST OF TABLES Table Page 1 TRIP GENERATION FORECAST 6 2 QUEUE LENGTH ANALYSIS RESULTS FOR TH 212 AND COLLEGE VIEW DRIVE INTERSECTION 18 3 PEAK HOUR LEVELS OF SERVICE AT INTERSECTION OF ANDERSON LAKES PARKWAY AND DARNEL ROAD 22 SUMMARY This report presents an analysis of the traffic implications of the proposed residential development on the Williams Property. The proposed development includes 113 single- family homes. The development plan also includes new roadway connections to Darnel Road, Princeton Avenue, Cold Stream Lane, and the TH 212/College View Drive intersection. In addition to the proposed development on the Williams property, this study accounts for the following anticipated development on adjacent parcels: • 23,911 square foot auto body shop between TH 212 and the Williams Property north of the College View Drive Extension. • 60 townhouse units OR 70,500 sq. ft. of office space on the parcel between TH 212 and the Williams Property south of the College View Drive Extension. Traffic forecasts and analyses were prepared for the Anderson Lakes Parkway/West Darnel Road and TH 212/College View Drive intersections. The traffic implications of the proposed development were also considered for the five roadways that will provide access to the Williams Property in the future. Each intersection and roadway segment was examined for 2005,the year following anticipated completion of development. Traffic operations were also considered for 2020 at the two critical intersections, to correlate with the City of Eden Prairie 2020 Transportation Plan Forecast Update. The results of the intersection analyses are as follows: • No level of service difficulties are expected at the intersection of Anderson Lakes Parkway and West Darnel Road with the projected 2005 traffic volumes. In order to provide acceptable traffic operations in the long-term future, it is anticipated that needs will arise to upgrade Anderson Lakes Parkway to a four lane divided design, as recommended in the City Transportation Plan. • The intersection of TH 212 and College View Drive is expected to provide level of service C operations through 2020. We recommend that the new east intersection approach provide a 150 foot left turn lane and a shared through/right turn lane. • We recommend that an additional 130 feet of storage space for the southbound left turn lane on TH 212 at College View Drive be constructed if queuing difficulties are experienced,or if other construction occurs on TH 212. With the 130 feet of additional storage space, a total of 300 feet of southbound left turn storage would be available. • The existing signing for College View Drive should be relocated to avoid motorist confusion between the southbound left turn lanes for College View Drive and Aztec Drive. 91 • No significant differences in traffic operations were identified between the two alternatives for development on parcels adjacent to the Williams Property. The principal criterion used to evaluate traffic impacts on local streets is the volume of daily traffic. The Metropolitan Council recommends that the upper limit for daily traffic volumes on local roadways is about 1,000 vehicles per day. The document Residential Streets,published by the Institute of Transportation Engineers and other professional organizations, indicates that daily traffic volumes for residential streets are typically in the range of 400 to 1,500 vehicles per day. The projected daily traffic volumes on Cold Stream Lane, Dartmouth Avenue, Princeton Avenue, and East Darnel Road are all significantly below the 1,000 vehicle per day level under both alternatives for development on parcels adjacent to the Williams Property. The total daily traffic volume on Darnel Road,just south of Anderson Lakes Parkway, is about 1,000 vehicles per day. Thus, the anticipated traffic volume on West Darnel Road is still in basic compliance with the Metropolitan Council recommendations and is within the typical range found on other residential streets. To help preserve the local character of West Darnel Road, we recommend that the City consider the following two options: • A basket-weave pattern of two-way stop sign control on Darnel Road. • Modifying the alignment of Darnel Road through the Williams Property. Further, the City should monitor traffic operations on nearby collector and arterial roadways to ensure a sufficient level of capacity exists to avoid through traffic from using local streets. The overall conclusion presented in this report is that the integrated roadway system included in the development plan for the Williams Property and as planned for by the City of Eden Prairie can adequately serve the proposed and anticipated developments without any significant negative traffic impacts. PURPOSE AND BACKGROUND INFORMATION The purpose of this traffic study is to address the potential traffic implications of the proposed residential development on the Williams Property. The Williams Property is located on undeveloped areas located between TH 212 and Homeward Hills Road, south of Anderson Lakes Parkway. Development of the Williams Property is expected to be completed by 2004. The project location and proposed roadways included in the development plan are illustrated in Figure 1. As part of it's previous planning decisions,the City of Eden Prairie has envisioned an integrated roadway system on the Williams Property and adjacent neighborhoods, including connections to Darnel Road, Princeton Avenue, Cold Stream Lane, and TH 212. The principal question addressed in this study is: can the City's roadway system effectively accommodate the proposed development of the Williams Property without any significant negative traffic impacts? The time periods and locations to be examined in this study have been established from input provided by City staff. The following two critical intersections have been identified for examination: • TH 212 and College View Drive • Anderson Lakes Parkway and West Darnel Road Each intersection was examined in the a.m. and p.m.peak hours. In addition to consideration of these two intersections,the traffic implications of the proposed development have been considered for each of the local roadway segments that will provide access to the Williams Property. For each critical intersection and roadway segment, traffic operations have been examined for 2005, the year following expected completion of the development. Traffic operations at the two critical intersections have also been examined for 2020 to correlate with the traffic projections in the City of Eden Prairie 2020 Transportation Plan Forecast Update. Williams Property Traffic Study /- 93 December 2002 ANTICIPATED DEVELOPMENT The proposed development on the Williams Property includes 113 single-family homes, and the development plan includes access for the Williams Property via roadway connections to Darnel Road, Cold Stream Lane, and Princeton Avenue. A new east leg to the TH 212/College View Drive intersection is also planned to provide primary access to the site. In addition to development on the Williams Property, areas between TH 212 and the Williams Property are expected to develop and have been accounted for in the traffic forecasts and analyses. City approvals have been granted to construct a 23,911 square- foot auto body shop on the parcel north of the proposed extension of College View Drive. City staff and the developer have identified two potential options for development adjacent to the Williams Property, south of the College View Drive connection. Under Alternative A, 60 townhouse units would be constructed on the site. Alternative B would be 70,500 square feet of office space. Access to these developments would be provided via the proposed connection to TH 212 and the connections to Darnel Road, Cold Stream Lane, and Princeton Avenue. Figure 2 illustrates the location of the proposed development and the anticipated development on adjacent parcels. • Williams Property Traffic Study 9LJ December 2002 �vi�� <9'0l FF ✓o �j z1 RDaUL - J 28 .r MAR/co ��, 1 P cy ORCUPINE /R, z� � 29 p c::..k cr.; i i:1- .L i.,..i.? 0 ,,,,,,, :/1/R P D EN LA. \p 0 CT. (� ��� \,- CIF� GR v S CK � � ,,, (,) '7�:-i xS CIF '�'C I A G / ,,,, m �I ANDERSON e l 124 (Z $ Q TR• I—d / cJ4 a Jz ? Q -\ } C ' , z 41 c�Q 44k w %"o 23 p 83 . v 4 COCK c; • es w v 4 w m Q ,,,,, N . • ;85 o a ;; �; hAAI N ELF, cxWATERFORD oRD „ );F 8y� c) � �r , g istaRESERVE BLVD.. J - Y ,,,,N,vi, --i4,,,, • t ,,, Q �> COLLEGE rot,... .. �, Q >r ... O VIEW DR. �.r- . � ., Q ,,,, 4" 4,, LARD z HENN. TECHNICAL 1 8 J// 92 ! ., RD• COLLEGE N,( BR/ OOK o SIN �. 107 1 PROJECT SITE Mop GC\' s'\ NT • 0 9� o�r� pU tQ a t o ry 1 69 tg.EKWoo ��k 6oiT ���°iA DR. O 4- T ,�4, �O 1- o ���1F `T Ix ERS Q = L m G ,,,IRE 40. c) v -I J GERM a wqY N /�r 20 cdp o c 9i a �At oa R TR. o (�� n . — , INTERSECTION ��� '�LUR REY 39• o ) EXAMINED J� APPROXIMATE SCALE a ram- _ (X ST. ��VOIS RD. , PROPOSED - ROADWAY R 0 1000' ix p(f_ -4 " \ o .Q U I r` . RV 11 CITY OF EDEN PRAIRIE TRAFFIC STUDY FOR FIGURE 1 WILLIAMS PROPERTY PROJECT LOCATION BENSHOOF&ASSOCIATES,INC. DEVELOPMENT TRANSPO RTATION ENGINEERS AND PLANNERS 95 ei Pvr( c°1 FF ✓p ��� z(RD�(J(� • MARL r., 28 ,j_ G If ORCUPINE - Y cIR z� � J �, O`o mCT. O =c.,\ ;91\''''c.,r;- . TWFOOT CT ,P,y� , Y c� fi �1A ce, Via. o CIF a �� ,�`� > do ANDERSON 4. m -� 82 ii �,CT: ���- Q ?TR J o ti Q > C LLI 0 4�' COCK 5p £S 23,911 sq. ft. AUTO c.) G's' _1 3A." `�' BODY SHOP 1 m / Q ij - , I..DARNEL.. WATERFORD 2 RD %e%I%f c 8.yN ' '; ' 4,? ::��u�;,�:-RESERVE BLVD. �O -;j rg�;tiI;6 . '"=: In Q , _j\ „, eV ,,..-44: :.,1-4?7, tik.i1.> --.1 4• COLLEGE j1 ;F j `''s o VIEW DR. 121,i7;"=�;. rai AVE z ,,,, 1 CA O ;:'fit:;:,[:,',-,' '''q.• " s"`„•,... Q Q ,,, ALTERNATIVE A z:•, LAR�� - 60 TOWNHOME UNITS $ z moo' N,( BR/ OOK 2C� o R1)' // \\ ALTERNATIVE B SUN m - 70,500 sq. ft. OFFICE r' 107 WILLIAMS PROPERTY co\'') s'\R ` - 113 SINGLE-FAMILY HOMES \ EA EG�•dv J GERtij4y w N o a > o _ , , , . FT • �� ,R EY \I 39. o /OtiFF, O11 .. APPROXIMATE SCALE 0 ST. ,A • _ IX. • w >4VOIS RD. �; �� 0 1000' cc p'U ta— `n �' L.,.. _ „ .N. — .1 RV FIGURE 2 CITY OF EDEN PRAIRIE TRAFFIC STUDY FOR WILLIAMS PROPERTY ANTICIPATED DEVELOPMENT DEVELOPMENT ON WBENSHOOF&ASSOCIATES,INC. WILLIAMS PROPERTY AND TRANSPORTATION ENGINEERS AND PLANNERS ADJACENT PARCELS EXISTING ROADWAY FACILITIES Anderson Lakes Parkway is classified as a"B" minor arterial roadway and provides one traffic lane in each direction. Homeward Hills Road is classified as a major collector and also provides one traffic lane in each direction. TH 212 and Pioneer Trail are classified as "A" minor arterials, and both roadways provide two traffic lanes in each direction plus raised center medians and turns lanes at most intersections. The intersection of Anderson Lakes Parkway and TH 212 provides traffic signal control. Stop sign control is provided for the Homeward Hills approach to Anderson Lakes Parkway. The intersection of Homeward Hills Road and Pioneer Trail is equipped with traffic signal control. Cold Stream Lane, Dartmouth Avenue,Princeton Avenue, and Darnel Road are classified as local roadways. On-street parking is allowed on these roadways, and no traffic control is presently provided at intersections with adjoining cul-de-sacs or residential driveways. Each of these roadways are 28 feet in width, measured back of curb to back of curb. The approaches of these roadways to Anderson Lakes Parkway,Homeward Hills Road, and Sunnybrook Road are controlled with stop signs. The intersection of Sunnybrook Road with Homeward Hills Road provides all-way stop sign control. The intersections of Princeton Avenue, Cold Stream Lane, and Darnel Road with the Williams Property boundary are designed for anticipated future extension. Each of these roadways abruptly terminates at the property boundary, without a permanent cul-de-sac or turn around. Temporary barricades have been installed at the dead ends of these roads, and the terminus of Princeton Avenue includes signing that indicates "This is a temporary turn around -Future road extension planned." The intersection of West Darnel Road with Anderson Lakes Parkway is controlled with stop signs for the Darnel Road approaches. Each approach to the intersection provides a single lane that is shared by all movements. The signalized intersection of College View Drive and TH 212 provides a right turn lane, two through lanes, and a left turn lane on the TH 212 intersection approaches. The west intersection approach provides a left turn lane and a right turn lane. The east intersection approach currently provides access to existing residential properties. Williams Property Traffic Study Cr1. December 2002 TRAFFIC FORECASTS TRIP GENERATION Based on the expected development on the Williams Property and on adjacent parcels, trip generation projections were established for the a.m. peak hour, p.m. peak hour, and average weekday. For the parcels south of the College View Drive extension between TH 212 and the Williams property,trip generation projections were prepared for the two previously described alternative land uses. Trip generation for the office and residential units was based on data published by the Institute of Transportation Engineers (ITE). Trip generation data is not available from ITE for an Auto Body Shop. The trip generation for the Auto Body Shop is based on actual driveway counts conducted over a one-week period in 2000 at an existing 25,000-sq. ft. auto body facility. The trip generation forecast is presented in Table 1. TABLE 1 TRIP GENERATION FORECAST FOR DEVELOPMENT ON THE WILLIAMS PROPERTY AND OTHER ADJACENT PARCELS AM Peak Hour PM Peak Hour Daily Land Use Size ITE Rate In Out Rate In Out Rate Trips Proposed Development Single Family 113 Units 210 0.75 21 64 1.01 73 41 9.57 1081 Homes Anticipated Development on Adjacent Parcels Auto Body 23,911 i) 1.2 22 7 1.6 19 19 16.28 389 Shop sq. ft. Alternative A- 60 Units 230 0.44 4 22 0.54 22 10 5.86 352 Townhomes Alternative B - 70,500 715 1.78 112 13 1.72 18 103 11.57 816 Office sq. ft. 1)Trip generation data for Auto Body Shops is not available form ITE. Trip Generation Rates based on actual driveway counts conducted at an existing 25,000 sq.ft. auto body facility in Virginia. The developer has indicated that the 113 residential units on the Williams Property will be marketed as "active adult lots". This type of residential development could potential have lower trip generation than a typical single-family home development. The developer provided driveway counts for an "active adult lot" development in the City of Burnsville. The driveway counts at that particular development more closely correlate with ITE trip generation rates for townhomes than the ITE rates for single family homes. If the ITE trip generation rate for townhomes were applied to the 113 units on the Williams Property, the daily trip generation would be 662 trips per day instead of the 1,081 trips per day. However, the City does not have control over the marketing of the homes or the types of tenants that may occupy the homes in the future. To be conservative, the traffic forecasts and analyses for the Williams Property will be based on the ITE single-family home trip generation rates, as presented in Table 1. The daily traffic generation of 662 trips per day is the potential lower limit for development on the Williams Property. Williams Property Traffic Study - V-- G ' December 2002 TRIP DISTRIBUTION The distribution of new trips for the proposed development and anticipated development on adjacent parcels is presented in Figure 3. The trip distribution percentages were based on an evaluation of the existing transportation system and existing traffic volume data, including the following: • Peak hour turn movement volumes at the intersection of Darnel Road and Anderson Lakes Parkway. • Peak period intersection counts at the TH 212 and Anderson Lakes Parkway - Mn/DOT, 2001. • 2000 daily traffic volumes on the adjacent roadway system. By multiplying the trip generation by the distribution percentage for a particular route, the number of trips using that route can be established. TRAFFIC VOLUMES Benshoof&Associates,Inc. staff recorded existing a.m. and p.m. peak period traffic volumes at the Anderson Lakes Parkway/West Darnel Road and TH 212/College View Drive intersections between October 24 and 31, 2002. Forty-eight hour traffic volume counts were conducted over the period of October 28 - 30, 2002, on existing local roadways that will provide access to the Williams Property in the future. The 2002 a.m. and p.m. peak hour traffic volumes are presented in Figure 4. 2005 no-build traffic volumes were established by increasing the 2002 existing traffic volumes to 2005 levels using a 2%annual background growth factor. The background growth factor was established by comparing 2000 daily traffic volumes with projected 2020 traffic volumes on adjacent roadways from the City of Eden Prairie 2020 Transportation Plan Forecast Update. The first step in projecting the 2005 post-development traffic volumes is to add trips to the roadway system that will be generated by the development of the Williams Property and anticipated development on adjacent parcels. Using the trip generation forecast and trip distribution percentages, development trips are added to the roadway system for the a.m.peak hour,p.m. peak hour, and average weekday. The second step in developing the 2005 post-development traffic volumes is to account for changes in existing traffic patterns due to the new roadway connections included in the proposed development plan. These new roadway connections will give residents in adjacent neighborhoods new options in traveling to and from their homes. Adjacent neighborhood areas were identified where a change in traffic patterns is expected as a result of the new roadway connections. Then for each area,the trip generation was estimated using the number of residential units illustrated in the City's aerial photography. Using the trip distribution percentages presented in Figure 3, the anticipated changes in traffic volumes were established for each of the six adjacent development areas. Figure 5 Williams Property Traffic Study -y q< December 2002 presents the six areas and the general redistribution pattern expected for each area. Figure 5 also presents the anticipated change in daily traffic for each area. Peak hour traffic volumes were adjusted in the same manner. Based on our review of the existing roadway system, we do not expect that through traffic from other areas of the City will travel through the Williams Property or other adjacent residential areas. The adjacent collector and arterial roadways are expected to be much more convenient than traveling on local roadways. To establish the 2020 post-development intersection traffic volumes,the through volumes on TH 212 and Anderson Lakes Parkway were increased to the 2020 levels projected in the City of Eden Prairie 2020 Transportation Plan Forecast Update. Development on the Williams Property will complete build-out of this area of Eden Prairie. With this approach, the minor street traffic volumes for the 2005 and 2020 post-development scenarios are the same. This reflects the expectation that traffic volumes on the local roadway system will not experience any significant change following full-development of the area. Post-development traffic volumes at the two critical intersections are presented for the two alternatives for development on adjacent parcels. As previously indicated, Alternative A accounts for 60 townhouse units, and Alternative B accounts for 70,500 sq. ft. of office space. Both Alternatives A and B account for 113 single-family homes on the Williams Property and the approved auto body shop on an adjacent parcel. The projected 2005 and 2020 a.m. peak hour traffic volumes are presented in Figure 6. Figure 7 presents the projected p.m. peak hour traffic volumes. Existing and projected daily traffic volumes for critical roadway segments are presented in Figure 8. For comparison purposes, Figure 8 also includes daily traffic volume projections based on the ITE townhouse trip generation rate for the Williams Property development, instead of the ITE rate for single family homes. These daily traffic volumes represent the potential lower limit of daily traffic volume increase. • Williams Property Traffic Study )7. /CO December 2002 e I .,,,,:is\ ST.7.. ......,....__,.......,.... . 4.t.i, 7/ ,,,:7 ,,„....- ."."-•-.--...., iff; 11\ II '�} _ 4 ri.• La I'I R tGtpAr� nl IG�Ow„ J -~y/ \ 1�4 nr�...K \ ``..: c i(\_L CENTER ''♦;% 11•.1 m 11 I. RD. `•zf+�; I I'll .. R I ,, ) EDEN PRAIRIE ; J: ': c� �4SA� ,�� ~z�.i- ; CENTER n a 7/ 1Clgp ���'�rAn v� _, Rom, Ott,\, 25 / 7` \ i/fr'`J •• ., LEI h`q DR. ::. .Q.. , % f% , / /1,/'�i/_/ 2v.•\s l�:p)N�--1 .:. No1�O��C cy ' <'..�%f /.,`ftir n\/� �\( L`t�F ` .: 1.,- 6� A♦ i O� i c�/ _,r ♦1Q. AnE `1 j is '1- 44• /00 I ��a `LEMJ�J ^\ / �` �i•'�R\\� /��: i \t J ,; 1 E' O� DR. f1CQ `�-L____ `\ �� OLL ems-. r`;/ :" \ i i• �,,�� \� _ --.!�,- �C,j ISLE i�i \1 1; 7-II I �(♦�` {� i.its],44r i ._PRATR!�i GEC` .\ `i ,,�-... •• i1 • O`o �J,�\9/ r%�� �Mf f11 � 07. F/£ i; AN '`/j y\� DC01d ! 197 10N CT. `} ,i, ^68.c HYL /�• LpC ;y C-R'�f s�- O ; / E 8 I� ?f DR• 4,,CARRl 7 0 J-_ `No \.ed,�:.D c � l� 1A �% D( ll� ``',o� . I ter. E Iv C �.. �.0 �,_�., 0� Tp ♦�O ��/ 2 r I EAN )�Op ,. 1- 1 . \\ aR , G��'�y;:/(t & 7oJp >( � ROI C RO`"---T� ::; �0�,30. Clu� lI �`.� /�w/ A ;,,23�ti/ �SHi�IDTNLA.: -' -APO ���� v� / RE\\P CIR, i,-1 o\\. 11"�, 1 y10°/ - � L r=,; �.�.._ �-;� yIm o I; ``„,�sacoD `• J _.1IANDERSON wit � �12 `� li !4"���'IANDERSON,/O'�c' ajir s2 t� !� // CT.�1� f r vq l 1 Oo/ �� "J�'; IL Is � - -� cc �,'.1 iz 9 �v�COCKLis ��Th�E % - it !ilm /i `\ �", 'r_,., L o $3+1+ I O4I 4 lr�G� /� _JC u/,R44u' �( .O \ ✓QOE j/ f \ 85/ 5 IiI 1-4¢I. ,._�I!�DAARRNEL =IwATERFGRDZRD � /,1)`3:'0151:i,;:l,.,:;, '1`F'`'J�'�E`a tt �!8sf ! 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Gpi Ss I ff ��CJ�` i` a ,r-Li �r9af0ry j���69 GREDRw00 eek 1 olr �A �� � `��E ��,, 17/ oyrm li' ` , ci-FRS m a 'L �', m(rr /ZJRf d0 Rcf..NG•� v a �I GER y Z 11) < ,J I1 ,\ ,\ l //V cirbr. 1•0 0 1 I s.).1_,_._._.l'" C ,-, --ezi 1.....—„... ..:,...„.K..,?‘ -,..--, /.. r N 5/O \�\�� ONE SU "'( 39. .c 1 fri N111 °R^ ° �L /)� �,l f Q\ // �IREY, C' i ! 1. n uP��J I- y /,/ w 1ST' °4V01��RD.I� • may- zI / f�C ci o I ce �j a . ct 4�`�o,�yL 11 �1 // w a I �o u ` o I I^�� \ mil♦�Q� APPROXIMATE SCALE iLi kzP OW rAO% � 0 1500' CITY OF EDEN PRAIRIE TRAFFIC STUDY FOR FIGURE 3 WILLIAMS PROPERTY TRIP DISTRIBUTION cyBENSHOOF&ASSOCIATES,INC. DEVELOPMENT TRANSPORTATION ENGINEERS AND PLANNERS !o I e 1 . ..p„,. - I 4S ill DR. l '\�� y.� �� �_/�\ �..--c F i' . �)�%1 ;I./---PRAIRIE„VS- a J VAT \� 7 ,G :l �:fE G-) :V. 97 '`ii f 9..- ��\:'r'-•;"., r 'V i i.1 DN CT. . f y E_ram/• t212' BLVD -, '\OP..y�LARf a f 4R- - - ,,A T ;;; a�/� ' 1 D� (iv " -G,y'\s5 CT /f •�G_ 57 9/ el01F', Jpy�=Yf !�1RDJ C2i j �� MAR/g rt�, �- % PORCUPINECA' �,..:y' rje 1 1 i cl 6 g IWFOOTrC�q ,,„. Etteikot a 1 =,�.I,"/` CI ie.WRDEN�U. p OCK CT.O1 �� ,, S` Ii NU E,�t` CC \�✓ ; U t7S Qt� S.S ,�t�J`1 1, W r �+ �I A , ANDERtS}ON-' 'h `=�1 m 1 CO Q CI T 5;2T [ ANDERSON LAKES . — c-11 )z l o I I I_ PARKWAY 11 e f z0- 0. grJ� 1-- V'„ C 8/36 '�3/11 �� h_ z c• &,` 1, -1�t v„. ;" 238/569-k E—512/348 � S3 m cI COCK ,i ��S . or41_1A -�t' . —1 _JI ° - 6/18-4, „-1/4 _ o11—'1--n ©;jam e 1i1 $gI a� DARNE I WAT---- °1 „PESERVVD • • cj III1 6oCOLLEG .� IPRINCti3N x e ' ! g VIEW DR.• BIS�iVF' CT�`~�.,; AV 4 !Q �" y / r ` \�1��I�' LARDS N �ww 11 r�/ HENN. 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T / M'1 477j I dri I d' per~D FIGURE 5 (SHEET 2 of 2) CITY OF EDEN PRAIRIE TRAFFIC STUDY FOR CHANGE IN TRAFFIC WILLIAMS PROPERTY PATTERNS AND DAILY 567 BENSHOOF&ASSOCIATES,INC. DEVELOPMENT TRAFFIC VOLUMES DUE TRANSPORTATION ENGINEERSAND PLANNERS TO NEW ROADWAY CONNECTIONS t \ C G,� r.�y V`' '� -PRAIRIE" i:`i .�, ' 1, _,Gffry SMEr .0 1.r r. L� �`^--- !•�� t* It )S7+' CT. �‘II) �> E�=i%' `212 ` et i��DP..IsLAR1 r A ;� C � i.� ,ate / ��A r ;oer.<;- �I I may"�o- ,,� l CT / — �1 `ice lyQIF ,IQ.'�-�37 =IRD�_2i i MAR/0 /'�, - }—„7.' PDRCUPINE ,St z�g l f n O� J© I ,fj� O� L Cj �,,,� ��, cc r�al�l��ll flJ •ig O ,,Q I J��' \ r•,,:•,..{ ALA. J��, _�SI ANDERSON I ') ` =� co ¢ 1-I �- ANDERSON LAKES / - Ct /? k 0 W PARKWAY Qom/ L a I1�� �� �� Q,,,r,7}w 8/8/8/8-�' '-3/3/3/3 ��rR, J n Q ' �? QJ �'249/248/349/349-a E-523/534/762/762 U1 Z T (�, S ;�k S�( �( 1_ : , al,,,l cOCKi �, t F _o' i 3311 I � -�,��� \ �,`. .�'m Qr> 7.q-. 9/9/9/9�, ,G-6/19/6/19 8_51161 i a• �,i�DARN 1- WATERFORDZ RD ,' • {i .� � �� z� PRESERV BLVD. Y �J Jt( et\ch > 9?' u)S � slii w 1 l7 r CO a ���' COLLEG �PRINC� N= of 1/2 f'y `* d' . 00 VIEW DR.I'i4 r 1 �. �� AVE s��-��2 :% CO N Y III L, >f L ARC HENN. TECHNICAL I' 12.8- JrJ 92c, rz se// RD. --.-f1,, COLLEGE III ‘st�,,\r4�OK I - i�-.zJi 'd'O Ln to In LaOn rLn� r�}'J ([ g &IGEVIEW a r.4. I=- 31/31/31/31—4' 'b--58/53/58/53 2005 POST-DEVELOPMENT 1/2/1/2-> E-3/3/3/3 ALTERNATIVE A 20/20/20/20—, ,y-22/20/22/20 2005 POST-DEVELOPMENT T ALTERNATIVE B 2020 POST-DEVELOPMENT LO N ALTERNATIVE A za N r 2020 POST-DEVELOPMENT I--p rn I ALTERNATIVE B co'`'r XX/X)U)OUXX N rCOr t r.(c) NOTE:ALTERNATIVE A INCLUDES 60 TOWNHOUSE r UNITS ON PARCEL ADJACENT TO WILLIAMS PROPERTY. • I", ALTERNATIVE B INCLUDES 70,500 sq.ft.OF OFFICE COSPACE IN PLACE OF THE TOWNHOUSE UNITS. T BOTH ALTERNATIVES A AND B INCLUDE 113 SINGLE ‘IINOT TO SCALE FAMILY HOMES ON THE WILLIAMS PROPERTY AND AN AUTO BODY SHOP ON ANOTHER ADJACENT PARCEL CITY OF EDEN PRAIRIE TRAFFIC STUDY FOR FIGURE 6 WILLIAMS PROPERTY AM PEAK HOUR WBENSHOOF&ASSOCIATES,INC. DEVELOPMENT INTERSECTION VOLUMES TRANSPORTATION ENGINEERS AND PLANNERS ld5 Ns 1 ir,,„ �rfA \�%L EM " ;.<\ ti� _s" aCf f rr`�'� ,,,, i1 0,„(:•..‹,,) DR. ; w •��'`L —-�" %�i ^ J� PRAIRIE +t 4,,, • I ,!r,--ti M v a a11oN cr. II IL Fi g' �12 ' at v its z OR.I4;CAR( ��o n r III' �,i s(t��- (1,t A T-P / v- �(/.;:v �� 1 1-7y ,O,t`s} CT / GN . �/ /.% Oj �p r ) 27 MARS I cif PORCUPINE { CI CO 2� ..-{-�� �� ...,ram, R ���`IF ��v I l p CT. G i :� .. =-i ���t�l // p N i = f!� 1`atvFooT+, aPY� i^l� Y�I =I�I� p'¢ � '(t4 EN LA{� (J �CT �'��� °f GP I �gocKl �PGrL:Si�Si rCQ St.7 �� _I ANDERSON (1-. z a 1,tv-- NI T ct) ANDERSON LAKES E� 4, I_ PARKWAY $P�TRP 11 J`' o ` /' i Q ,;-•- , 12/12/12/12 �f, i / �� �� e 38/38/38/38-a '-- -�� �� J j z �� �� cs/2 --N\ �A / 580/589/837/837-> —357/357/518/518 or 83 j W coc +mac, -, ��-_�--Ljt,� 31/31/31/31�, , —19/19/19/19 __ CL ,r,—J L1 rr �� 8g L'il "DARNEL ``:WATERFO RD ;: . F{ 61� ti� S a PRESERV B:.VD_ Y 1 t'; N` "1 ♦ ))Qo�f •�� I \_. of i r I '�1 i L: i '. cc c� -� Nor aU COLLEGL rr'PRINCL D N= ` a 8 � J;: cD C� a VIEW DR.' Y =A. AVE N r B`Sr1CfP CT. `01 1 I \ ��l���VrLAR HENN. TECHNICAL I 128• 92c / RD. ------ COLLEGE C`(B�LOK IL�1( 1�_-1- .. if :.,, 0 0 N O N O O Z N r cocoO OF• tiR N Lnc00) i r r t- COLLEGE VIEW I- Ej 4, y DRIVE 2005 POST-DEVELOPMENT 58/58/58/58�' '�45/99/45/99 ALTERNATIVE A 5/5/5/5-> F 2/4/2/4 2005 POST-DEVELOPMENT 141/141/141/141 15/31/15/31 ALTERNATIVE B �' `� 2020 POST-DEVELOPMENT r „,,,, ALTERNATIVE A 2020 POSTDEVELOPMENT 0 r ALTERNATIVE B 0 XX/XX/XX/XX N N▪ MNoAt ,- NOTE:ALTERNATIVE A INCLUDES 60 TOWNHOUSE O COUNITS ON PARCEL ADJACENT TO WILLIAMS PROPERTY. 0• it: ALTERNATIVE B INCLUDES 70,500 sq.ft OF OFFICE SPACE IN PLACE OF THE TOWNHOUSE UNITS. BOTH ALTERNATIVES A AND B INCLUDE 113 SINGLE ‘irNOT TO SCALE FAMILY HOMES ON THE WIWAMS PROPERTY AND AN AUTO BODY SHOP ON ANOTHER ADJACENT PARCEL CITY OF EDEN PRAIRIE TRAFFIC STUDY FOR FIGURE 7 WILLIAMS PROPERTY PM PEAK HOUR ali WBENSHOOF&ASSOCIATES,INC. DEVELOPMENT INTERSECTION VOLUMES TRANSPORTATIONENGINEERSANDPLANNERS far / / v422 - ,, ,r 1 ��` MA% '<<, .; ,' PORCUPINE CIR } r`, , r_____ 0\°(t; I Es / ,-FiSo ') CT. 0 ,,----.-:,,, 0...... U D: !Y/R£ )_ j A \‘, /_,1"----QT-176- •\c//P/Ii. r''':;ei-\-1,10 CORDIEN LA.' `p SOCK I :CiCT �\,po „ ,r,,,.�<��J s'�/\\ ; \5,, 0 r -ii° C-)7,r------1 r) h'LI A I ' - , ,ter,,, ,`:;' ilk if _j_. ANDERSON�; 520/990/1050 C7-------- .,,...- *2. -\, `----�;��' (520/850/910)� j r /I i cT370/430/440 ���%' Iw 82q o Q Q T R? I'tr !r J f p , ,-. Qc-,7 Q- (370/410/420) Q �/� }_� '� - �l �z • rr ��V ��SQJ �44k- ,/ w o Coca Fs off, , 83 +j i�` 'J�G 'Gl J/(����J �f�4v d 8S ' o Ni Ir1 WATERFORDzRM. ; :'%F / Q I 4.1"....)A.LRNEL z8 '� ' 0/530/600 I BLVD. _ Y Ij (., ;, cP I l �l i r r (0/370/440) \I 11---- / +'./ i Uy I <_j y/ t•.;, .:.1__ n //,::,, t.0 L..., ! �r- �'� COLLEGE 1111). },1�� LPRINCE` �N -L AV ) ! C11 j `;, E. 'Y 0/1590/1950 ' o�i �.��/L I AR SQ (0/1400/1760) I i J1 o�;`I 175/275/290 HENN. TECHNICAL 12 92, �' (175/240/255) COLLEGE cZ I UNN-i B R OOK 1 o �--i '�` ...k\k iir-c)c,...;:c.„ ii ' - ,1 n 130/270/280 7/ �;; 255/420/435 (130/260/270) i1 ,`��(255/395/410) ` �\\AJ-L/�C-//- atO ry J 69/ GREEKW( 2002 EXISTING i `R 2005 POST-DEVELOPMENT '`Q, �- j 77 \ • ALTERNATIVE A ?i- `-�JO//�n�y ICI 2005 POST-DEVELOPMENT I L O t� /j ALTERNATIVE B ;I. .) / IRE 40- ✓/ v��'\ S \,J, x;�/;�;/xx fiv j \\ - ��0'/ (DAILY TRAFFIC VOLUMES IN PARENTHESIS CORRESPOND N I ,D ��\ TO THE LOWER LIMIT OF TRIP GENERATION FOR THE t ��I_�I ✓ WILLIAMS PROPERTY DEVELOPMENT) �E�R TR. ,�, SU I I v 11 72-1 1ilz 111 ( ►-/'.\ A/n. \ fL_ � RI R EY ....A NOTE ALTERNATIVE A INCLUDES 60 TOWNHOUSE APPROXIMATE SCALE / o( 1ST UNITS ON PARCEL ADJACENT TO WILLIAMS PROPERTY _.11111.11 // G_I W • ALTERNATIVE B INCLUDES 70,500 sq.tL OF OFFICE I CD �/s . SPACE IN PLACE OF THE TOWNHOUSE UNITS. M 1 I oo BOTH ALTERNATIVES AAND B INCLUDE 113 SINGLE FAMILY HOMES ON THE WIAMSAND 1000' Q I I AN AUTO BODY SHOP ON AWNOTTHERROPERTY ADJACENT PARCEL CITY OF EDEN PRAIRIE TRAFFIC STUDY FOR FIGURE 8 WILLIAMS PROPERTY DAILY TRAFFIC VOLUMES BENSHOOF&ASSOCIATES,INC. DEVELOPMENT TRANSPORTATION ENGINEERSANDPLANNERS 07. INTERSECTION TRAFFIC ANALYSES APPROACH In order to understand how each of the intersections operates from an overall traffic capacity standpoint, a.m. peak hour and p.m.peak hour traffic volume projections were examined using the methodology presented in the Highway Capacity Manual. Capacity analysis results are presented in terms of level of service(LOS),which ranges from A to F. Each letter grade represents a specific range of traffic operations based on the average delay experienced by a vehicle. Level of service A represents the best intersection operation,with very little delay for each vehicle using the intersection. Level of service F represents the worst intersection operation, with excessive delay and large queue lengths. In general, level of service D or better is considered acceptable in the Twin Cities area. A more detailed description of level of service is presented in the appendix. In addition to levels of service,we examined the anticipated length of vehicle queues for critical movements at the TH 212/College View Drive intersection using Synchro computer software. Queue length analysis results are presented in terms of 50th and 95th percentile queues. The 50`h percentile queue is the average queue experienced in the peak hour. The 95th percentile queue is only exceeded 5%of the time in the peak hour. The 95th percentile queue length is typically used for design purposes. ANDERSON LAKES PARKWAY AND WEST DARNEL ROAD The intersection of Darnel Road and Anderson Lakes Parkway is controlled with stop signs on the north and south approaches to the intersection. All approaches to the intersection provide a single lane for all movements. Detailed results of the capacity analyses for the Darnel Road/Anderson Lakes Parkway intersection are included in the appendix of this report. The following points summarize the results of the capacity analyses for the Darnel Road/Anderson Lakes Parkway intersection: • Because traffic on Anderson Lakes Parkway has the right-of-way,no level of service difficulties are experienced for eastbound or westbound movements under any 2005 or 2020 scenario. • With the existing traffic volumes, the northbound approach operates at LOS C in the a.m.peak hour and LOS D in the p.m. peak hour. The southbound approach operates at LOS C and LOS B in the a.m. and p.m. peak hours, respectively. • With the projected 2005 peak hour traffic volumes, the northbound approach continues to operate at LOS C in the a.m.peak hour and LOS D in the p.m. peak hour under both alternatives. The southbound approach continues to operate at LOS C and LOS B in the a.m. and p.m. peak hours under both alternatives, respectively. • With the projected 2020 traffic volumes,the northbound approach is expected to operate at LOS E in the a.m.peak hour and LOS F in the p.m. peak hour under both Alternative A and B. The southbound approach is expected to operate at LOS D and C in the a.m. and p.m. peak hours, respectively. • No significant difference in level of service or intersection delay exists between Alternatives A and B at the Darnel Road/Anderson Lakes Parkway intersection. Williams Property Traffic Study -r'' fog- December 2002 One potential mitigation measure to improve the level of service difficulties expected by 2020 is to widen Anderson Lakes Parkway to a four-lane divided roadway. The City of Eden Prairie Transportation Plan indicates that Anderson Lakes Parkway will require the upgrade to a four-lane divided facility by 2015. Adding additional traffic lanes to Anderson Lakes Parkway has the ability to decrease delay for Darnel Road by providing larger and more frequent gaps in the traffic on Anderson Lakes Parkway. With Anderson Lakes Parkway as a four-lane divided roadway, the Darnel Road approaches to Anderson Lakes Parkway are expected to operate at LOS C in the a.m. peak hour. In the p.m. peak hour, the northbound approach is expected to operate at LOS D and the southbound approach is expected to operate at LOS B. TH 212 AND COLLEGE VIEW DRIVE The intersection of TH 212 and College View Drive was examined with one left turn lane and a shared through/right turn lane on the east and west intersection approaches. The intersection was evaluated with the existing protected only left turn phasing for left turns from TH 212, and with permissive left turn phasing for east and west intersection approaches. The intersection of TH 212 and College View Drive is expected to operate at LOS C in both peak hours through 2020 under either of the alternatives for development adjacent to the Williams Property. There is no significant difference in intersection delay between Alternatives A and B. Because of the higher volume of southbound left turns in the a.m. peak hour under the office alternative, a slight increase in delay is experienced for the southbound left turn movement under Alternative B in comparison to Alternative A. Under the 2005 scenario, the average delay per vehicle for the southbound left turn would be about 5 seconds greater under the office scenario. With the projected 2020 traffic volumes, the average delay for the southbound left turn movement with the office development would be about 10 seconds longer than with the townhouse development. Williams Property Traffic Study - December 2002 The results of the queue length analysis are presented in Table 2 for left turn movements at the TH 212/College View Drive intersection. The table also indicates the existing available storage distance. TABLE 2 95th PERCENTILE LEFT TURN QUEUE LENGTHS AT INTERSECTION OF TH 212 & COLLEGE VIEW DRIVE Eastbound Westbound Northbound Southbound 2005 AM - Alternative A 52' 39' 203' 53' AM -Alternative B 54' 39' 210' 127' PM - Alternative A 86' 33' 140' 110' PM - Alternative B 88' 56' 140' 107' 2020 AM -Alternative A 55' 41' 212' 55' AM -Alternative B 55' 39' 212' 172' PM - Alternative A 86' 33' 193' 110' PM-Alternative B 88' 56' 193' 107' Available Storage 300' N/A 640' 170' Distance The existing left turn bays for the south and west intersection approaches are sufficient to accommodate the projected left turn queue. Under the 2020 Alternative A a.m. peak hour scenario, the 95th percentile queue length for the southbound left turn movement is projected to fill the entire 170' left turn lane. An additional 130 feet of southbound left turn storage could be provided within the existing median area. We suggest that the southbound left turn lane be lengthened in conjunction with any other construction on TH 212 that might occur in the future or if any queuing difficulties are experienced. For the new east intersection approach, queuing for the westbound through/right turn movement was also examined. Under all 2005 and 2020 scenarios, the 95th percentile queue is expected to be less than 60 feet under all scenarios. We recommend that about 150 feet of storage be provided for the westbound left turn movement. From our observations of the intersection, we found that the existing location of signing for College View Drive may be confusing when the east leg of the intersection is added. The existing signing for College View Drive on southbound TH 212 is located prior to the median opening for Aztec Drive. If signing for College View Drive remains at this location following construction of the east leg of the intersection, some motorists may mistake the southbound left turn lane to Aztec Drive for the southbound left turn lane to College View Drive. Williams Property Traffic Study -J"- 1, December 2002 TRAFFIC ANALYSIS OF ROADWAY SEGMENTS The principal criterion for evaluating traffic impacts on local streets is the volume of daily traffic. The Functional Classification Criteria established by the Metropolitan Council indicates that the desired upper limit for daily traffic volumes on local roadways is about 1,000 vehicles per day. The publication Residential Streets indicates that traffic volumes on local roadways are typically in the range of 400 to 1,500 vehicles per day. Residential Streets is a joint publication by the Urban Land Institute,the National Association of Home Builders,the American Society of Civil Engineers, and the Institute of Transportation Engineers. The projected daily traffic volumes on Cold Stream Lane, Dartmouth Avenue, Princeton Avenue,and East Darnel Road are all significantly below the 1,000 vehicle per day level under both Alternatives A and B. Total resultant daily traffic volumes for all affected roadways will be well below the 1,500 vehicle per day limit described in Residential Streets. At the north end of West Darnel Road,the daily traffic volume will be slightly greater than 1,000 vehicles per day under Alternative B and slightly below 1,000 vehicles per day under Alternative A. At the boundary of the Williams Property with Darnel Road, the projected daily traffic volume is between 525 and 595 vehicles per day under Alternatives A and B,respectively. Although the increase in traffic volumes along Darnel Road will be noticeable, the resultant total volume still would be in basic compliance with the Metropolitan Council recommendations and well below the upper limit of 1,500 vehicles per day that is presented in Residential Streets. To help preserve the local character of West Darnel Road, we recommend that the City consider implementing one or both of the following measures: • Provide an alternating pattern of two-way stop signs along Darnel Road. This basket-weave pattern has been used with great success in other cities. • In conjunction with the developer, examine the possibility of options whereby Darnel Road is not a continuous roadway from Anderson Lakes Parkway to Sunnybrook Road. The other aspect of avoiding negative traffic impacts on local roadways is to ensure that the City's collector and arterial roadways continue to provide a reasonable level of capacity. In general,traffic will not use local roadways for through trips unless significant capacity limitations exist on alternative collector and arterial roadways. As an example,the City should continue to monitor traffic operations at the Anderson Lakes • Parkway and Homeward Hills Road intersection, and install traffic signal control when warrants are met. Williams Property Traffic Study = December 2002 CONCLUSIONS Based on the analyses presented in this report,we have established the following conclusions: • No level of service difficulties are expected at the intersection of Anderson Lakes Parkway and West Darnel Road with the projected 2005 traffic volumes. In order to provide acceptable traffic operations in the long-term future, it is anticipated that needs will arise to upgrade Anderson Lakes Parkway to a four lane divided design, as recommended in the City Transportation Plan. • The intersection of TH 212 and College View Drive is expected to provide level of service C operations through 2020. We recommend that the new east intersection approach provide a 150 foot left turn lane and a shared through/right turn lane. • We recommend that an additional 130 feet of storage space for the southbound left turn lane on TH 212 at College View Drive be constructed if queuing difficulties are experienced, or if other construction occurs on TH 212. With the 130 feet of additional storage space, a total of 300 feet of southbound left turn storage would be available. • The existing signing for College View Drive should be relocated to avoid motorist confusion between the southbound left turn lanes for College View Drive and Aztec Drive. • No significant differences in traffic operations were identified between the two alternatives for development on parcels adjacent to the Williams Property. • No significant negative traffic impacts are expected on local roadways providing access to the Williams property. Projected traffic volumes on Cold Stream Lane, Dartmouth Avenue, Princeton Avenue, and East Darnel Road are significantly below recommended limits for daily traffic volumes on local roadways. The daily traffic • volume on West Daniel Road is expected to be more noticeable, but is still within normal limits for typical residential streets. • We recommend that the City consider a basket-weave pattern of two-way stop sign control on Daniel Road and/or modifying the alignment of Darnel Road through the Williams Property to help preserve the local character of West Daniel Road. • The City should monitor traffic operations on nearby collector and arterial roadways to ensure a sufficient level of capacity exists to avoid through traffic from using local streets. Williams Property Traffic Study - 1 I December 2002 APPENDi LEVELS OF SERVICE In order to better understand how the intersections operate from an overall traffic capacity standpoint, capacity analyses were performed using the methodology presented in the Highway Capacity Manual. Capacity analyses determine how well or poorly an intersection is operating. Capacity analysis results are presented in terms of level of service, which is defined in terms of traffic delay at the intersection, and ranges from an A to an F letter grade. • Level of service A corresponds to a free flow condition with motorists virtually unaffected by the intersection control mechanism. For a signalized or an unsignalized intersection,the average delay per vehicle would be approximately 10 seconds or less. • Level of service B represents stable flow with a high degree of freedom,but with some influence from the intersection control device and the traffic volumes. For a signalized intersection, the average delay ranges from 10 to 20 seconds. An unsignalized intersection would have delays ranging from 10 to 15 seconds for this level. • Level of service C depicts a restricted flow which remains stable, but with significant influence from the intersection control device and the traffic volumes. The general level of comfort and convenience changes noticeably at this level. The delay ranges from 20 to 35 seconds for a signalized intersection and from 15 to 25 seconds for an unsignalized intersection at this level. • Level of service D corresponds to high-density flow in which speed and freedom are significantly restricted. Though traffic flow remains stable,reductions in comfort and convenience are experienced. The control delay for this level is 35 to 55 seconds for a signalized intersection and 25 to 35 seconds for an unsignalized intersection. For most agencies in the Twin Cities area, level of service D represents the minimal acceptable level of service for regular daily operations. • Level of service E represents unstable flow of traffic at or near the capacity of the intersection with poor levels of comfort and convenience. The delay ranges from 55 to 80 seconds for a signalized intersection and from 35 to 50 seconds for an unsignalized intersection at this level. Level of service F represents forced flow in which the volume of traffic approaching the intersection exceeds the volume that can be served. Characteristics often experienced include: long queues, stop-and-go waves,poor travel times, low comfort and convenience, and increased accident exposure. Delays over 80 seconds for a signalized intersection and over 50 seconds for an unsignalized intersection correspond to this level of service. Williams Property Traffic Study - t f3 December 2002 LEVELS OF SERVICE AT INTERSECTION OF ANDERSON LAKES PARKWAY AND WEST DARNEL ROAD TABLE 3 PEAK HOUR LEVELS OF SERVICE AT INTERSECTION OF ANDERSON LAKES PARKWAY AND DARNEL ROAD EASTBOUND WESTBOUND NORTHBOUND SOUTHBOUND LOS Delay LOS Delay LOS Delay LOS Delay 2002 AM Peak Hour A 8.7 A 7.8 C 19.7 C . 15.2 PM Peak Hour A 8.2 A 8.8 D 26.5 B 12.9 2005 ? AM- Alternative A A 8.7 A 7.9 C 20.6 C 16.1 AM -Alternative B A 8.8 A 7.9 C 22.3 C 16.7 PM-Alternative A A 8.2 A 9.0 D 27.9 B 13.4 PM-Alternative B A 8.2 A 9.0 D 25.7 B 13.6 2020 AM- Alternative A A 9.7 A 8.2 E 42.1 D 25.6 AM-Alternative B A 9.7 A 8.2 E 46.2 D 26.4 PM - Alternative A A 8.7 B 10.1 F 67.1 C 19.1 PM-Alternative B A 8.7 B 10.1 F 59.9 C 19.4 2020 -Widen Anderson Lakes Parkway to 4-Lane Divided Roadway AM- Alternative B A 9.8 A 8.2 C 21 C 18.4 PM - Alternative B A 8.7 B 10.1 D 34.8 B 14.1 Williams Property Traffic Study ,2( /lU December 2002 SFBENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 10417 EXCELSIOR BOULEVARD,SUITE TWO/HOPKINS, MN 55343/(952)238-1667/FAX(952)238-1671 December 6, 2002 Refer to File: 02-72 MEMORANDUM TO: Randy Newton, Ct of Eden Prairie FROM: James A. Benshdof and Paul D. Klappa RE: Supplemental Analyses for Williams Property Traffic Study PURPOSE AND BACKGROUND On December 4, 2002, a Traffic Impact Report for the proposed residential development on the Williams Property was submitted to City of Eden Prairie staff City staff have requested that supplemental traffic analyses be completed to examine the traffic implications of excluding the proposed roadway connection between the Williams Property and Darnel Road. The purpose of this memorandum is to present our findings and recommendations regarding our examination of excluding the roadway connection to Darnel Road. In order to examine the traffic implications of excluding the proposed roadway connection between the Williams Property and Darnel Road, the traffic forecasts and analyses from the Williams Property Traffic Impact Report have been adjusted to account for the lack of connection. The same critical roadway segments and intersections and development alternatives that were addressed in the Traffic Impact Report have been addressed in the supplemental analyses. The remainder of this memorandum is organized by first presenting the supplemental traffic forecasts and analyses. Following these items, a discussion is presented regarding other traffic implications of excluding the proposed roadway connection between Darnel Road and the Williams Property. 115 • Mr. J.Randall Newton -2- December 6, 2002 TRAFFIC FORECASTS The traffic volume forecasts presented in the Traffic Impact Report were adjusted to account for exclusion of the proposed connection between the Williams Property and Darnel Road. The adjustments to the traffic forecasts rely on the same general trip distribution percentages, but traffic previously assumed to use the Darnel Road connection was routed to alternative roadways. Supplemental traffic forecasts have been established for the 2005 roadway segment forecasts and for 2005 and 2020 intersection forecasts for the two alternatives regarding development on adjacent parcels. Without the proposed connection to Daniel Road, traffic generated by the proposed development on the Williams Property and on adjacent parcels that previously was expected to use the Daniel Road connection was diverted to either College View Drive or Princeton Avenue, depending on the ultimate origin or destination. The traffic forecasts presented in the Traffic Impact Report account for traffic generated by existing nearby neighborhoods using the new roadway connections through the Williams property. Without the connection between the Williams Property and Darnel Road, the College View Drive connection to TH 212 would be the only new route to the north and west for traffic from nearby neighborhoods located to the south and east of the Williams Property. Thus, traffic from nearby neighborhoods south and east of the Williams property that was assumed to use the Daniel Road connection was shifted to the College View Drive connection to TH 212. Without the proposed connection between the Williams Property and Daniel Road, access to the Daniel Road neighborhood would not change. Traffic volumes on East and West Darnel Road will remain at the existing levels under the post-development scenarios. At the West Darnel Road/Anderson Lakes Parkway intersection, the only changes in traffic volumes will be to through traffic on Anderson Lakes Parkway. Figure 1 presents the a.m. peak hour traffic volumes for the Anderson Lakes Parkway/Darnel Road and TH 212/College View Drive intersections. Intersection traffic volumes are presented for both with and without the proposed roadway Daniel Road connection for comparison purposes. As discussed in the Traffic Impact Report, two alternatives for development on adjacent parcels were considered. Alternative A includes 60 townhomes south of the new connection between the Williams Property and TH 212. Under Alternative B, 70,500 sq. ft. of office space replaces the 60 townhouse units. Both Alternatives A and B include 113 single-family homes on the Williams Property and an auto body shop north of the TH 212/Williams Property roadway connection. Figure 2 presents the 2005 p.m. peak hour intersection forecasts. 2020 peak hour intersection traffic forecasts were updated in the same manner as the 2005 post- development traffic forecasts. However, as discussed in the Traffic Impact Report, the only difference between the 2005 and 2020 traffic volumes is the level of through traffic on TH 212 and Anderson Lakes Parkway. Figure 3 presents the change in daily traffic volumes without the Daniel Road connection. 116 /0 0 WITH DARNEL ROAD CONNECTION o in!` °wFoo c' 4' ANDERSON LAKES1 T � �c o `, I÷ PARKWAY N LA. I C . 0 `� ---,v S ,o %,, 8/8—' 't-3/3 `tlA G ( 17%) Y  249/248 E-523/534 �_ ANDERSON )Z 9/9—i, �6/19 jn 7' C Ji t2 I TRP Ifs ! elf . ,Q < U j'I' `� `c en ' t., ter,- ;�83 m o{t�"COCK(j/Gj t� k,\S r T CO �I= r`- II �L. 11�/� a 1�1 N r coo CD 85 , C 'TflDARNEL C ATE a ,1-V'co COLLEGE VIEW 1 t JJ i f^' PRESERVEL BLV F DRIVE I 4 E' `✓ �3 ! o ; ; • ;;�, 31/31-T & 58/53 ��\�'� > 1/2-> 4-3/3 a°' `L .....................a A 20/20�„ 22/20 N CO LEG = AVE s'a VIEW DR.! Br-TOP CT`� ' ilt J 128 I It �� 92:y ��, Rp, v-c^ON NOT TO SCALE ... ..,aN�BH ,K �!J=r J N.�'- T N. CO I-- 2005 POST-DEVELOPMENT �� ALTERNATIVE A 1 2005 POST-DEVELOPMENT ALTERNATIVE B O XX/XX ¢ d WITHOUT DARNEL ROAD CONNECTION a z ANDERSON LAKES o E� W y PARKWAY °o l(m ' �� °�, ccr. a /;;>", 8/8-b 't-3/3 .FL // °wFoor qp,, F 249/248—> <—525/541 r NN LA, o 1 °OK CI`r'4:, ' ,: i.S ii,��` 6/6 �, —1/1 ;:;:iP4q7 . ,..v(---11 `_^ I ANDERSON C�! y= Nr0 LC)C*)d• r=f C' `` ! N 1- r T O !e�2 4 !c II ./1 4 $,(1© ol,`4.t? 00K � \ ` 4kFs r co COLLEDRIVE GE VIEW c 11 1 I �� Lam. 31/31-T 't-72/66 85„8 a DARNEL WATT 1/3 4-5/5 z PRESERVE1L BLV ' �� � , �_, 20/20-y 'v-17/15 4 �t^—' ,-,--i rfri ....„ ,......CO N '" N COLLEG r ...A'RINCIti N= AV r VIEW DR.1 ' Cr 1 = �� r a I BIa�1-113? \T. -� 4 t I y% 44% LA r1�O r� NOT TOSCALE .1 BR OOK ��rr -�' CITY OF EDEN PRAIRIE TRAFFIC STUDY FOR FIGURE 1 WILLIAMS PROPERTY 2005 AM PEAK HOUR WBENSHOOF&ASSOCIATES,INC. DEVELOPMENT INTERSECTION VOLUMES TRANSPORTATION ENGINEERS AND PLANNERS ) I-4. NrallNIIIIIIMIIIIIMI11711111111MINNIMIIIITh 'WITH DARNEL ROAD CONNECTION Q 0 S IN n;o� J' . ' /f/ C33 G 1\ /,: �• Z N r C� ��a ��r �wFoor ^�q�p,,, ¢ N,I=i ANDERSON LAKES 1 A. j qc j' 0 ```r oC � a 4V L� PARKWAY U 1ii ( \� .ti N �! ERS : 38/38-' 12/12 tl A j U ANDERSON L' 4.„ - - 580/589-> 4—357/357 � 1i �; / 31/31�, c 19/19 iR? 1I� lir // Jc" pp 'Z1 '� nTr CO i C� J 7 �. \•9jr CO r C'9 \. \ CO CO �83+a o 4�"COCK /G� ,.�- �+_C11 r1O I W ����/IQ Ali-- N r N CO M -' ) ! ^ DARNEL c+'r�AT� N Ill CO CO COLLEGE VIEW i �' Cu. PRESERVEjL©LV Imo- I 1 DRIVE a s"' 'l �Y �-j. WV. o 1 I 3t 58/58-' '-45/99 .__ . _,..i".4 > s" 5/5—> 4-2/4 a N COLLEG __r TR1NCca 30A AVE iiiitC141/141-3, 15/31 tpVIEw DR.I BfI iOP CT. n'�\;v _ inlL \�% �,1Lj`128 I_I 9 2„ `IE) '7,� RC• CO NOTTOSCALE \32j�'•K_�jJ�% rI. �aD\r �-,r� O 1--1* 2005 POST-DEVELOPMENT ALTERNATIVE A I 2005 POST-DEVELOPMENT ALTERNATIVE B o a • XxIXX 0 cc T 1 WITHOUT DARNEL ROAD CONNECTION o ANDERSON LAKES • RKWAY \°< rIi= t7 `"CT.‘..) �/,%-%' ` 38/38-A' '-12/12 J I= °wFDor�Er�g�p E1 G 582/595-> . -359/359 NLAA to I SocKIT.v\��o �;, ., 19/19- , y-4/4 hi I , c. co co I li ANDERSON .2 �` r M co CO _ ! ) / lc; Lor rc 1 / C �"� f r N r CO00 of I� Jc" o R- v N f�CODO A. Iu j yc' l QJ lq r O COLLEGE VIEW 83i U 4�COCK S G4 `�0 1'~� t=- 4 I` DRIVE / jI 0 __ 3\ 0 d L ,-`. 58/58�' 7 T--53/112 • as, a Ni m�E }riI .< 1 L. DARNEL PRESERVE L BLV 8/8-> <-3/5 ':� Q. ,-. = 141/141�, -12/28 \ or ays' - : a �1G r : [ r___• a _x\ N COI EDRII rrrPRINCL1,jOh=? AVE al CPF p 13Pg1t0? CT. o-r�:\s/L•_=. • 128 92() a} N77% NOT TOSCALE Nj I �BR/�00K j 1 CITY OF EDEN PRAIRIE TRAFFIC STUDY FOR FIGURE 2 WILLIAMS PROPERTY 201)5 PM PEAK HOUR WBENSHOOF&ASSOCIATES,INC. DEVELOPMENT INTERSECTION VOLUMES TRANSPORTATION ENGINEERS AND PLANNERS c,x.s, /WITH DARNEL �:.. 1' '___-_1_'i1_1._J` " -,1;.7./.1:-,: lj do ROAD CONNECTION �_ , ANDERSdy in 990/1050 ,I -, -i- ,,,gx) Li i-, _—..--1------"---:.;.l./.-f.'11-90-4-L,16..-t:x,./:-k2._.i-- 8 ; Q„ VTR: ;j . �- _Pali • t` rT > ,- mot, J ' lix --=rim C rt rlrz nitgrOCK15///' e/f£$ . / 41 v``'i II te r o , 85,t o I":I DARNEL ( IW ETA RFORDZ RD.J 44-.I' 8= r-. 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DARNEL °IIWATERFORDzRD: :2.I. ;Y;I, Fr8 --1�. ` 1 I; . s il_BLVD._ /,Jl1:-;':":, r: il Q A :. • COLLEGE]. $RINCE'�.�N= �`-''D -• I VIEW DR., • -- ••s.�qVE. )I �'�; / 1830/2210 ',. r� o lk� 4 i--:\.g./.. a`- Y";; �' 510/570 N 1 1 g !J g 2,. )I .�O%/ o; S�;a.---- cm ;-- 270/280 Yl ';� �-' • ,ins I f l�co' S�`'420/435 r M UNT NOT TO SCALE hiJJ .-^ X 1 \-.0i. ` iiii CITY OF EDEN PRAIRIE TRAFFIC STUDY FOR FIGURE 3 WILLIAMS PROPERTY 2005 DAILY TRAFFIC WBENSHOOF&ASSOCIATES,INC. DEVELOPMENT VOLUMES TRANSPORTATION ENGINEERS AND PLANNERS I19 Mr.J.Randall Newton -6- December 6,2002 TRAFFIC ANALYSES Darnel Road and Anderson Lakes Parkway Table 1 presents the anticipated levels of service for the West Daniel Road approaches to Anderson Lakes Parkway. As indicated, the levels of service for the Daniel Road approaches to Anderson Lakes Parkway are the same with or without the connection to the Williams Property from Darnel Road. The change in traffic volumes due to the exclusion of the Daniel Road/Williams Property roadway connection is not sufficient to trigger a change in level of service. There is a change in level of service between 2005 and 2020 due to the anticipated increase in through traffic on Anderson Lakes Parkway. TABLE 1 LEVELS OF SERVICE FOR WEST DARNEL ROAD APPROACHES TO ANDERSON LAKES PARKWAY Northbound Southbound 2005 AM Peak Hour C C 2005 PM Peak Hour D B 2020 AM Peak Hour E D 2020 PM Peak Hour F C Regardless of whether a roadway connections is made between the Williams Property and Darnel Road, low levels of service are expected by 2020 at the Darnel Road and Anderson Lakes Parkway intersection. As indicated in the Traffic Impact Report for the Williams Property, the City's Transportation Plan recommends that Anderson Lakes Parkway will require expansion to a four-lane divided roadway to accommodate anticipated future traffic volumes. This widening will mitigate the anticipated low levels of service under the 2020 scenarios. TH 212 and College View Drive The exclusion of the Darnel Road connection results in a slight shift of traffic patterns at the TH 212/College View Drive intersection, such as less traffic to/from the south and more traffic to/from the north. Under all peak hour scenarios, the total intersection volume changes by less than 35 vehicles (less than 1% of the total intersection volume). Because excluding the Daniel Road connection to the Williams Property results in such a small change in traffic volumes at the TH 212 /College View Drive intersection, excluding the Daniel Road connection does not result in a change in the anticipated level of service. Level of service C operations are expected through 2020 with or without the Daniel Road connection to the Williams Property. For any particular post-development scenario, excluding the Daniel Road connection increases the total average delay for the TH 212 /College View Drive intersection by less than three seconds per vehicle. ) .0 Mr. J. Randall Newton -7- December 6,2002 The anticipated change in peak hour traffic volumes does not significantly alter the results of the queue length analysis. We still recommend that the new east intersection approach provide a 150 foot left turn lane and a shared through/right turn lane. We also still recommend that an additional 130 feet of storage space for the southbound left turn lane on TH 212 at College View Drive be constructed if queuing difficulties are experienced, or if other construction occurs on TH 212. With the 130 feet of additional storage space, a total of 300 feet of southbound left turn storage would be available. Roadway Segments As discussed in the Williams Property Traffic Impact Report, the anticipated daily traffic volume is the primary measurement used to assess traffic operations on local roadways. The Metropolitan Council suggests that 1,000 vehicles per day is the desirable upper limit for residential streets. The document Residential Streets, published by the Institute of Transportation Engineers and other professional organizations, indicates that daily traffic volumes for residential streets are typically in the range of 400 to 1,500 vehicles per day. As Figure 3 illustrates,the daily traffic volumes on Darnel Road will remain at their existing levels if the connection between Darnel Road and the Williams Property is excluded. The projected daily traffic volumes on Princeton Avenue and on College View Drive will be higher without the Darnel Road connection. The daily traffic volumes on Cold Stream Lane and Dartmouth Avenue are not expected to change as a result of excluding the Darnel Road connection to the Williams Property. The resultant daily traffic volumes for all residential streets shown in Figure 3 are within the typical range for residential streets and are in basic compliance with Metropolitan Council recommendations regardless of whether the Williams Property is connected with Darnel Road. /al Mr.J.Randall Newton -8- December b,2002 TRAFFIC IMPLICATIONS OF EXCLUDING PROPOSED DARNEL ROAD CONNECTION TO WILLIAMS PROPERTY Objectives for Design of Local Street Connections In order to evaluate the traffic implications of excluding the proposed roadway connection between Daniel Road and the Williams Property, we first needed to identify a comprehensive set of objectives that pertain to this situation. We closely reviewed several resources that provide guidance on design of neighborhood roadway networks. Particularly relevant resources published by the Institute of Transportation Engineers (ITE) are presented below: a) The report"Traditional Neighborhood Development Street Design Guidelines," ITE Transportation Planning Committee, October 1999 offers the following guidance: "TND (traditional neighborhood development) streets are interconnected. This principle is central to TND design. Cul-de-sacs and other dead-end streets are not part of a TND. Except in areas where extreme topographic or wetland conditions preclude connection, streets are connected. The need for street connection is twofold: 1) For vehicles, TND streets function in an interdependent manner that is better served by connected streets; and 2) connected streets provide continuous and more comprehensible routes that serve to enhance the benefits of nonvehicular travel." b) The following items are from"Guidelines for Residential Subdivision Street Design, A Recommended Practice,"published by ITE in 1993: • "Street patterns should minimize excessive vehicular travel. Ideally, every part of a residential area should be interconnected with every other part, and with peripheral developments, as directly as possible. Moreover, the added vehicles-miles of travel within the neighborhood increase gasoline consumption and air pollution". • "The pattern of local streets,their names and the house-numbering system should be designed to satisfy the needs of visitors, delivery trucks and emergency vehicles as well as local residents. To the degree practical, names should be continuous from one subdivision to another. Streets that wander directionally or that turn back on themselves tend to be confusing and should be avoided..." • "The street system should be designed for a relatively uniform low volume of traffic." �as Mr,J.RandalI Newton -9- December 6,2002 c) The article"Smart Growth and Transportation: Opportunities and Challenges for Austin"published in the November 2000 issue of the ITE Journal examined the need for interconnected neighborhoods. "The transportation network for a traditional neighborhood is based on an interconnected network of narrow streets that are safe and pleasant for pedestrians. The network provides a variety of routes for local traffic, and enhances the feasibility of future transit service. Conventional suburban development patterns are based on a street network that funnels traffic from numerous disconnected cul-de-sac streets to larger collector and arterial street. This pattern limits routes for local traffic, concentrates traffic on larger roadways and limits the potential for future transit service". Based on the above resources and general transportation engineering principles, we developed the following objectives for evaluating the traffic implications of excluding the Darnel Road connection to the Williams Property: a) Avoid adverse traffic impacts for streets and homes along Daniel Road and other existing neighborhoods. b) Avoid adverse traffic impacts for streets and homes on the Williams Property. c) Provide effective access for emergency vehicles. d) Provide a street system that is convenient and understandable for residents in both existing and proposed neighborhoods. e) Avoid negative impacts on arterial roadways due to their use by local trips. f) Effectively meet needs for local transit service, school bus services, and other local services (e.g. mail and other delivery services, street maintenance, and garbage collection). • Evaluation of Local Street Connections. The proposed roadway system was evaluated both with and without the proposed connection between the Williams Property and Daniel Road regarding its ability to satisfy the above objectives. Comments regarding the ability of the roadway system to meet each objective are presented in Table 2. /D.3 Mr.I Randall Newton -10- December 6,2002 TABLE 2 COMMENTS REGARDING ABILITY OF PROPOSED ROADWAY SYSTEM TO MEET OBJECTIVES WITH AND WITHOUT CONNECTION BETWEEN WILLIAMS PROPERTY AND DARNEL ROAD Objective With Proposed Darnel Road Without Proposed Darnel Road Connection a) Avoid adverse traffic Volume of daily traffic on Darnel Road No change from existing conditions for impacts for streets and homes will noticeably increase,but is still Darnel Road neighborhood.Traffic along Darnel Road and other within the typical range for residential volumes on other local roadways would existing neighborhoods. streets. Increases in traffic volumes on be slightly higher. other local roadways are not expected to be significant. b) Avoid adverse traffic Traffic is distributed over several routes Decreased flexibility and increased impacts for streets and homes and motorists have flexibility in route concentration of traffic at other on the Williams Property. selection. neighborhood access points. c) Provide effective access Emergency vehicles are able to access Lack of connection between Williams for emergency vehicles. the Williams Property and adjacent Property and Darnel Road limits neighborhoods from multiple directions. emergency access to Darnel Road More convenient access is available neighborhood from the south. Access between the Daniel Road neighborhood to the Williams Property and adjacent and fire station at the intersection of neighborhoods is limited from the Homeward Hills Road and Sunnybrook north. Road. d) Provide a street system Motorists have the greatest possible Access between Anderson Lakes that is convenient and level of convenience and flexibility in Parkway and Williams Property and understandable for residents accessing all area neighborhoods. adjacent neighborhoods to the south is in both existing and proposed circuitous. Pedestrian and bicycle neighborhoods. access between neighborhoods is also restricted. The roadway travel distance between back fence neighbors can exceed one mile. e) Avoid negative impacts Traffic associated with Darnel Road All traffic from Darnel Road on arterial roadways due to neighborhood,Williams Property, and neighborhood must access to Anderson their use by local trips. other adjacent neighborhoods have Lakes Parkway. Local traffic will be multiple options to avoid unnecessary required to use TH 212 to/from travel on Anderson Lakes Parkway and Williams Property and other adjacent TH 212. neighborhoods. Benefit of new access to TH 212 at College View Drive is diminished. f) Effectively meet needs Greatest level of flexibility is available Ability to provide services in a cost- for local transit service, to accommodate potential neighborhood efficient manner decreases as school bus services,and other services such as local transit and school neighborhoods are disconnected and local services (e.g.mail and busses. service areas are smaller. other delivery services,street maintenance, and garbage collection). razi Mr.J. Randall Newton -1 I- December 6,2002 The evaluation of the roadway system presented in Table 2 with and without the proposed connection between Daniel Road and the Williams property indicates several significant deficiencies under the option that excludes the connection between Darnel Road and the Williams Property. Exclusion of the Darnel Road connection decreases the efficiency at which emergency and other public services can be provided. Exclusion of the Darnel Road connection also decreases the ability of the local road system to accommodate local trips and decreases the benefit provided by the new connection to TH 212 at College View Drive. CONCLUSIONS Based on the traffic analyses presented in this memorandum, we have established the following conclusions: • Regardless of the connection between Daniel Road and the Williams Property, no significant traffic difficulties are expected at the West Darnel Road/Anderson Lakes Parkway or TH 212 /College View Drive intersections. • Daily traffic volumes on local roadways that provide access to the Williams Property are expected to remain with in acceptable limits for residential streets both with and without the Darnel Road connection to the Williams Property. • Exclusion of the Daniel Road connection limits flexibility for local traffic and increases the reliance on arterial roadways to accommodate local trips. The Daniel Road neighborhood is unable to benefit from the new connection to TH 212. • The efficiency of emergency access and other public services is decreased with exclusion of the Darnel Road connection. Opportunities for future neighborhood service expansions are decreased. Our overall conclusion is that exclusion of the proposed connection between Daniel Road and the Williams Property will result in negative traffic impacts. We strongly encourage the City to continue to pursue a system of interconnected roadways with development of the Williams Property and ensure that the proposed connection between the Williams Property and Daniel Road be provided. CITY COUNCIL AGENDA DATE: 02/18/03 SECTION: Public Hearings MANAGEMENT AND ITEM DESCRIPTION: ITEM NO.: BUDGET/PLANNING: Donald R.Uram Meyer Estates VII :13 , Danette M. Moore Requested Action Move to: • Close the Public.Hearing; and • Adopt the Resolution for Preliminary Plat of 1.15 acres into 2 lots; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis The proposal is to subdivide the 1.15 acre site into 2 lots to permit the construction of an additional single-family home. Community Planning Board Recommendation: The Community Planning Board voted 7-0 to recommend approval of the Plat at its January 27, 2003 meeting. Background Information This site and surrounding property is currently zoned R1-22. All lots meet City Code for size, dimension and setback requirements. The new home will be served with City water and sanitary sewer. The existing house will continue to utilize the private well and septic system, until which time the septic system fails and is required to connect into City sewer. There is one 14 caliper inch significant tree on the property. The tree is located within the area of the proposed house pad and will be removed. Tree replacement required is 19 caliper inches, which is shown on the plan. Attachments 1. Resolution for Preliminary Plat 2. Staff Report dated January 24, 2003 3. Community Planning Board minutes dated January 27, 2003 MEYER ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF MEYER ESTATES FOR LARRY AND JUDITH MEYER BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of the Meyer Estates for Larry and Judith Meyer dated February 4,2003, and consisting of 1.15 acres into 2 lots, 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 18th day of February,2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk a4. STAFF REPORT TO: Community Planning Board FROM: Danette M. Moore,Planner THROUGH: Michael D. Franzen, City Planner DATE: January 24, 2003 SUBJECT: Meyer Estates APPLICANT/ OWNER: Larry and Judith Meyer LOCATION: 16519 Pioneer Trail REQUEST: 1.) Preliminary Plat of 1.15 acres into 2 lots. Area Location Map: Meyers Estates (2002-25) 1 1 1 LION MEI _ • Gate ay • a, g Road 11*11 Pioneer Trail a• dle Hon t. - • ` R;,, Aall AIR • Shetland Road *4 4- No cafe 1�`� Staff Report—Meyer Estates January 27,2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows the property as low density residential for up to 2.5 units per acre. The property is part of the Eden Heights neighborhood, which was platted into two- acre lots and larger in 1948 and zoned R1-22 in 1969. Hennepin County recorded additional lot divisions within Eden Heights into one-acre, and one-half acre parcels. In 1988 and 2001, three plats within the neighborhood were approved by the City Council for two lot subdivisions meeting City Code. Surrounding uses consist of R1-22 single-family homes. PRELIMINARY PLAT The proposal is to subdivide the 1.15-acre site into two single-family lots. The existing home on the site is to remain. Lot 1 is 26,901 square feet and Lot 2 is 23,149 square feet in size. City Code requires a minimum lot size of 22,000 square feet in the R1-22 zoning district. The existing and proposed houses meet City Code for R1-22 setback requirements. UTILITIES City sewer and water does not serve this site or the neighborhood. The neighborhood has not petitioned for sewer and water. An existing well and septic system serve the property. City Code states that "sanitary sewer and water service shall not be required with respect to those lands which were situated within the R1-22 District on July 1, 1982." The new home will be served with City water and sanitary sewer. The existing house will continue to utilize the private well and septic system,until which time the septic system fails and is required to connect into City sewer. Prior to City Council review, the proponent will need to provide an analysis and soil testing report for determination of septic system compliance. GRADING AND DRAINAGE There is one 14 caliper inch significant tree on the property. The tree is located within the area of the proposed house pad and will be removed. Tree replacement required is 19 caliper inches, which is shown on the plan. STAFF RECOMMENDATION Recommend approval of the following request: • • Preliminary Plat of 1.15 acres into 2 lots This is based on plans dated January 13, 2003, the staff report dated January 24, 2003, and the following conditions: 1. Prior to Final Plat review, the proponent shall submit a conservation easement for the wetland buffer on Lot 2. 130 Staff Report—Meyer Estates January 27,2003 Page 3 2. Prior to any grading, tree removal or building permit for the property, the proponent shall install erosion control and tree protection fencing at the grading limits. 3. Prior to any building permit issuance, 2. Prior to building permit issuance,the proponent shall pay the cash park fee. i 131 Planning Board Minutes January 27, 2003 Page 4 V. PUBLIC HEARINGS A. MEYER ESTATES by Larry and Judith Meyer. Request for Preliminary Plat of 1.15 acres into 2 lots. Location: 16519 Pioneer Trail Franzen presented the project which is located south of Pioneer Trail. It is a 1.15 acre site which the applicant is requesting to subdivide into two lots. Both lots meet the requirement of the R1-22 zoning district. Staff recommends it for approval based on recommendations on pages 2 and 3 of the staff report. Jim Davidson of 16501 Pioneer Trail stated he was concerned about access to the property. He said currently there is a cartway and a private easement. He asked whether the road could eventually become a public road rather than private drive. Al Gray, City Engineer, responded that there is a cartway that Mr. Meyer uses and he maintains a private driveway. If this were to become a public street it would have been done when the subdivision was developed and the City wouldn't construct a public street in this area at this time. He said property to the south has access to the south and he doesn't anticipate anymore units using the cartway. This would stay as a public right-of-way area but according to the Development Agreement, Meyer would maintain the private driveway. It would not be likely to see additional development use this as an access. Stoelting stated on Lot 2 there are two driveways to the existing house. There is a second driveway fairly close to the property line between Lots 1 and 2. He questioned whether there was an issue as to location of the driveway and its proximity to the property line Franzen responded the curve on the radius was a requirement of the Fire Marshal and the property owner is aware of this. With a modification of the property, by reducing the radius and narrowing the driveway, it would still meet a normal setback. When the project goes to the City Council the modification will have been made in the plans. MOTION by Nelson, second by Foote,to close the public hearing. Motion carried, 7,0. MOTION by Nelson, second by Foote, to approve the Preliminary Plat of 1.15 acres into 2 lots, based on plans dated January 13, 2003, and subject to the recommendations of the staff report dated January 24, 2003, to the City Council. Motion carried, 7,0. CITY COUNCIL AGENDA DATE: 02/18/03 SECTION: Public Hearings MANAGEMENT AND ITEM DESCRIPTION: ITEM NO.: BUDGET/PLANNING: Donald R. Uram The Cove 2nd Addition Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 3.2 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the R1-22 Zoning District on 3.2 acres; and • Adopt the Resolution for Preliminary Plat of 3.2 acres into 3 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis The proposal is for subdividing two existing single-family lots to create a third single-family lot. Community Planning Board Recommendation The Community Planning Board voted 4-3 to recommend approval of the project at its January 27, 2003 meeting. The Board recommended approval of the proposed waiver from the City code for no wetland buffer and wetland buffer setback for the lots with existing houses. Background Information This site and surrounding property is zoned R1-22. All lots meet City code for size, dimension and setback requirements. The project is subject to the Shoreland code since it abuts Bryant Lake. All lots conform to the code. Within a Shoreland area no development or alteration is permitted on a bluff which is slope that averages 30% or greater. Lot 2 contains a bluff. No grading or house construction is proposed on the bluff. Significant tree loss is 447 caliper inches, or 20%. Tree replacement is 119 caliper inches. The tree replacement plan meets this requirement. Attachments 1. Resolution for Preliminary Plat 2. Resolution for PUD Concept 3. Staff Report dated January 24,2003 3. Community Planning Board minutes dated January 27,2003 133 THE COVE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE COVE 2ND ADDITION FOR RICK LAMETTRY 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 January 27, 2003 for The Cove 2°a Addition by Rick Lamettry and considered the request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on February 18,2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. The Cove 2nd Addition,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 February 11, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated January 27, 2003. ADOPTED by the City Council of the City of Eden Prairie this 18th day of February,2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk !3y EXHIBIT A PUD Concept- The Cove 2nd Addition Legal Description: Lot 12 and Lot 13,Block 1, THE COVE,Hennepin County,Minnesota 15 THE COVE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE COVE 2ND ADDITION FOR RICK LAMETTRY BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of The Cove 2nd Addition for Rick Lamettry dated February 11,2003,and consisting of 3.2 acres into 3 lots, 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 18th day of February, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk 13C ,VGMAC RFC • • Bruce J.Paradis President&CEO January 24,2003 Community Planning Board 8080 Mitchell Road Eden Prairie,MN 55344 Sent via Fax: 952.949.8392 Re: Project: The Cove 2nd Addition;#2002-11 Dear Community Planning Board, Thank you for the opportunity to submit questions and comments regarding this project. First,a few questions: 1) Have the Planning Board Members visited the site of this project recently? Have the planning staff? 2) Are there any variances or exceptions to establish criteria(i.e.zoning,set backs,etc.) being requested in conjunction with this request? 3) Our neighborhood is comprised mainly of residential lots that are one to two acres in size. What does our current zoning establish as a minimum or typical size lot? 4) Can we request a change in zoning that would preserve the integrity of our existing neighborhood—by establishing a larger minimum lot size? What is the process? 5) Is any consideration given to the depletion in the water quality of Bryant Lake or the substantial increase in lake traffic in recent years—when considering this or other requests of greater density of housing on the lake? 6) If any,what are the main concerns/problems that exist with the planning staff regarding this request? GMAC-RFC 8400 Normandale Lake Blvd Suite 250 Minneapolis,MN 55437 952.857.7401 Fax 952.857.7176 bruce.paradis@gmacrfc.com gmacrfc.com 131. • • Project The Cove 2nd Addition;#2002-11 Page 2 of 2 Now,my comments: As you can see by my questions I am deeply concerned regarding this project request and strongly oppose it's acceptance. Our Bryant Lake Neighborhoods are maturing with large lots and houses that when sold,are more often torn down for new home construction. Close-in lake property is coveted. This project is a clear example of how to make the most money—split the lots and build multiple houses. This request will happen again and again. Is this our only choice? Aside from my deeper concern regarding the precedent this project will set—this site seems ill suited for another house. The building site is a densely wooded hillside. It must require retaining walls and extensive tree removal. Also,the high water set back is also a question to me. I would appreciate hearing from the staff regarding these issues. I will be attending the public hearing on January 27 and look forward to your response. Sincerely, 4saParadis 12530 Beach Circle Eden Prairie,MN 55344 Phone: 952.946.1831 bcc: Bob Fransen 6851 Beach Road Eden Prairie,MN 55344 13g- STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: January 24, 2003 SUBJECT: The Cove 2nd Addition APPLICANT: Rick Lamettry OWNER: Rick Lamettry and Theodore Vickerman LOCATION: 6861 and 6871 Beach Road REQUEST: 1. PUD Concept Review on 3.2 acres. 2. 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', '..,`, ''. :•,,494;.'.,•-..--•-•-• •-!•-•',-No Sc - -le a . _. . .._ . . , .. _ .. .. • , , .. , .. , , .. • , ... . . . ,,.,. . .„. . , ,. . . . , . . ... ... .. . . , 1-'10 Staff Report—The Cove 2-'Addition January 24,2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows the property as low density residential for up to 2.5 units per acre. The property and surrounding lots were platted in 1964 and zoned R1-22 in 1969. PRELIMINARY PLAT The proposal is to subdivide the two existing lots to create a third single-family lot. Lot 1 is 47,500 sq. ft., Lot 2 is 41,300 sq. ft., and Lot 3 is 51,700 sq. ft. in size. City code requires a minimum lot size of 22,000 square feet in the R1-22 zoning district. The minimum lot frontage in the R1-22 zoning district is 90 feet. All lots meet this requirement. The attachment shows the relationship of lot sizes within the neighborhood The new house for Lot 2 meets the setback requirements of the R1-22 district. The existing houses on Lots 1 and 3 also meet the R1-22 setback requirements and are to remain. SHORELAND CODE The property is in a Shoreland area since it is located within 1,000 feet of the Ordinary High Water Level. Bryant Lake is classified as Recreational Development water. Lots within 150 feet of the lake must meet the following requirements. • Minimum lot size -20,000 square feet • Minimum lot width at building line- 120 feet • Minimum lot width at Ordinary High Water Level— 120 feet • Minimum setback from Ordinary High Water Level— 100 feet Proposed Lot 2 meets these requirements. Lots 1 and 3 containing the existing houses meet the lot requirements of the code. The existing houses were built prior to the adoption of the Shoreland code. They are setback 60 feet and 75 feet from the Ordinary High Water Level. Any additions or changes to the existing houses will need to comply with the Shoreland code. Within a Shoreland area no development or alteration is permitted on a bluff which is slope that averages 30% or greater. Lot 2 contains a bluff. No grading or house construction is proposed on the bluff. WETLANDS A narrow strip of wetland has been delineated along the shoreline of Bryant Lake. City code requires that wetland buffers and wetland buffer setbacks be established. Proposed Lot 2 shows the required 50-foot wide wetland buffer and 15-foot wide wetland buffer setback. The wetland buffer will be placed in a conservation easement. ILII Staff Report—The Cove 2 Addition January 24,2003 Page 3 The proponent is requesting a waiver from the City code for no wetland buffer and wetland buffer setback for the lots with existing houses. GRADING AND TREE LOSS There are 2,214 caliper inches of significant trees on the property. A total of 447 caliper inches, or 20% of the significant trees will be lost for the new house. Tree replacement is 119 caliper inches. The tree replacement plan meets this requirement. UTILITIES All houses in the neighborhood are served by municipal sanitary sewer. Municipal water is not available. All houses use private wells for domestic water. City code allows wells for domestic water for lands that were situated within the R1-22 district on or before July 1, 1982. The new house will connect to municipal sewer and will use a well for water. The Fire Marshal requires an on-site fire suppression system for the new house since municipal water is not available. CONCLUSION The Board should discuss the following questions: 1. Is the subdivision consistent with the requirements of the City code? 2. Is the subdivision consistent with the lot sizes and street frontages in the area? 3. What are the site impacts? Are the impacts minimal and mitigated? STAFF RECOMMENDATION Alternative 1: Recommend approval of the following request: • PUD Concept Review on 3.2 acres. • PUD District Review with waivers within the R1-22 Zoning District on 3.2 acres. • Preliminary Plat of 3.2 acres into 3 lots. This is based on plans dated January 16, 2003, the staff report dated January 24, 2003, and the following conditions: 1. Prior to release of the fmal plat, the proponent shall submit a conservation easement for the wetland buffer on Lot 2. The easement shall be recorded with the final plat. 2. Prior to any grading, tree removal or building permit for Lot 2, the proponent shall install erosion control and tree protection fencing at the grading limits. 3. Prior to any building permit issuance for Lot 2,the proponent shall: Staff Report—The Cove 2 1 Addition January 24,2003 Page 4 A. Submit plans for an on-site fire suppression system, if municipal water is not available to the site at the time of permit application. B. Submit a tree replacement bond for 119 caliper inches of tree replacement. C. Pay the cash park fee. 4. The following waivers have been granted through the PUD: A. Wetland buffer of 0 feet for Lots 1 and 3. Code requires 50 feet. B. Wetland buffer setback of 0 feet. Code requires 15 feet. Alternative 2: Recommend denial of the following request: • PUD Concept Review on 3.2 acres. • PUD District Review with waivers within the R1-22 Zoning District on 3.2 acres. • Preliminary Plat of 3.2 acres into 3 lots. This is based on the following reasons: 1. The project is inconsistent with the lot sizes and street frontages in the area. 2. The project requires waivers from the City code. 3. The project results in the loss of significant trees. Staff recommends Alternative 1. 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Paul Thorpe of HTPO presented the plan to take two lots on Bryant Lake, combining them and dividing them into three lots. He showed the concept plan. There are requests for waivers to the setback from the lake and wetland, proposing to create a wetland buffer strip on the new lot. Franzen stated the plan is a modification of an old subdivision approved in 1964. At that time there weren't tree, shoreland or wetland ordinances which now come into consideration with the current proposal. The lot size and street frontage are consistent with the rules for the R1-22 zoning district and shoreland ordinance. The tree loss is at about 20%. The area closest to the lake is undeveloped as it is a bluff and there is a lot of tree cover and the area could be the buffer to the wetland. The staff is recommending approval, subject to recommendations on the staff report including a conservation easement over wetland area on Lot 2 and tree replacement mitigation in the area closest to Beach Road. Bob Fransen of 6851 Beach Road stated when he bought his home he thought platting was secure. He said this plan doesn't benefit the neighborhood. Most of the land is part of Lot 13 and is heavily wooded with mature oaks. The property around the lake and the neighborhood would be damaged by this development and he is opposed to it. He asked whether there had been an Environmental Impact Study (EAW) done. Franzen responded the State Rules say that there needs to be a minimum of 275 single or 375 multi family homes for an EAW. Theodore Vickerman of 6871 Beach Road stated in the 60's when the property was developed they made some mistakes. He said his lot is only 60% usable. He said he has 500 feet of shoreland which could have been divided and another home put in there to enjoy the view. All homeowners have grass up to the lake and now they're saying you can't get to the lake because of the trees. This is something that needs to be discussed. Bruce Paradis of 12530 Beach Circle stated the lot next to him was sold and the property was razed and now sitting empty. He felt the idea of splitting lots is a concern. He asked what was meant by a wetland waiver. He said the shoreland code states 60 and 75 feet setback from the ordinary high water level needs to be maintained and any additions or changes to existing houses need to comply to existing code. Substantial redevelopment has occurred and questioned whether current houses meet that setback. He asked about development on the bluff. He asked if the neighborhood could ask to rezone the area with a higher minimum lot size to maintain the integrity of the neighborhood. he stated his concerns about the depletion of the quality of the lake because of additional runoff and increased traffic 1 cA5 Planning Board Minutes January 27,2003 Page 10 on the lake. He stated he's afraid the precedent for splitting the lots will result in more requests for the same. Mark Omlie of 6661 Beach Road stated he is concerned about integrity of the neighborhood, tree loss and how a house will fit on the site. They should have to meet the 100 foot setback. Foote stated that the project just doesn't make sense but it fulfills all the requirements. He asked Franzen what could be done from a legal perspective. Franzen stated there need to be reasons for doing something based on zoning and subdivision regulations. Staff reviews whether it meets the lot size, setbacks, and other things that are clearly black or white. There are other discretional areas allowed by ordinance such as tree loss. A concern is the slope and how much tree cover and grasses are being kept to prevent erosion. If the tree loss is too much or too little the Board has discretion with that. The character of the neighborhood is not defined in the code since every neighborhood is different. The shape or frontage may not fit but often when reviewing the records it can be determined why a lot exists. In the Centex area there was a proposal to split two lots into three which was not approved. In that instance, the creation of the large lots on the slope was in exchange for small lots done somewhere else. With this project the right-of- way for Beach Road does not follow the road right-of-way. This created additional frontage around a curve. Franzen stated in determining the bluff staff did a review of the slope to determine the location of the toe and top. To measure, we start with the high water mark and measure slope and where it's over 18%, that's the toe of the bluff. Take that point and back track 50 feet. Measure from this point to the top where it breaks at less than 18% grade. It needs to meet several criteria: 1) It has to drain towards the water; 2) it must be in shoreland area; 3) it has to rise 25 feet in the air; 4) must average 30% or greater across the area that is measured; and 5) determine where the bluff is located. The half of the property closest to the lake has the bluff and the area closest to Beach Road is not a bluff as defined by code. Sodt stated that he shares a concern about building on the lot but that's not enough of a reason for us to deny it. That will be up to the builder to determine how to best situate a house on the property and not one the Board should address. In regard to the tree loss if they are meeting the 119 inch caliper replacement, they are meeting that criteria. If the waivers are relative to existing conditions he can't see a reason to deny the project. Nelson asked given the shoreland frontage whether this lot would be able to have a dock. Franzen stated the shoreland ordinance does allow access to the lake—they can build paths and a dock. Nelson asked whether the home near the bluff would have a back yard. Franzen stated there is no level area east of the walkout level. Planning Board Minutes January 27,2003 Page 11 Nelson stated she believes that this could not be a walkout lot. She asked if the building permit would allow a walkout and patio or few windows. Franzen stated that if it's on the lake they're going to maximize the window view. Franzen asked the surveyor to explain the difference in elevations and how much level area there is between the lower level and the lake. The surveyor responded that there is a walkout area to the lake. There is a separation between the first floor and the lower level walkout of 11 feet. Nelson stated that since the developer is meeting requirements and it seems to be a logical plan, there is no reason not to allow it if they can stay back from the bluff and mitigate tree loss. Stoelting asked how staff deals with a rebuilt home, such as the one on Lot 1 which has a 75 foot setback. Franzen responded there is a provision in the ordinance that allows adjustment of setbacks with existing homes. In this case, an existing foundation was used and a garage was added. The house doesn't need to be set back 100 feet. If it was a new development, it would have to meet the 100 foot setback. If a current homeowner makes changes such as an addition to the home, they need to maintain the 75 foot setback. Stoelting asked how the developer would mitigate erosion control and management of the bluff. The builder responded that a silt fence will be installed to stop erosion. Stoelting asked staff if the silt fence was sufficient. Gray responded this will prevent erosion during construction but the question will be how will they restore and stabilize the area. There are fabrics that can stabilize it and they will need to manage runoff at a lower elevation. Stoelting asked the developer how they will manage slope stability. The builder responded that he would use a retaining wall. They would cut close to the area and try not to disturb much of the slope. The wall is stepped down the slope. Koenig asked if there have been any other lots on Bryant Lake that have been subdivided. Franzen responded on the east side of the lake the Perkins property was subdivided. There were numerous variances from the City Code and issues on this subdivision are different. Koenig asked if they would be setting a precedent. Franzen stated it would all be based on the code and whether it met the requirements; each site will be different. Corneille asked about quality of the lake. Franzen stated that there are septic tanks and drain fields which have been failing and can cause problems. The north end of the lake had agricultural uses that went away and helped the quality of the lake. One house by itself with runoff and erosion control shouldn't be a problem. The City will look at a number of sources to decide what needs to be done to prevent erosion and runoff into the lake. Corneille asked that if there are a lot of other neighbors who decide to subdivide, when that would become a problem. Franzen iL Planning Board Minutes January 27,2003 Page 12 stated because of the placement of the structures and setbacks from the shoreland, it is unlikely that the situation will be repeated. Koenig stated theoretically they could ask for a variance on the shoreland setback. Franzen stated that is true,they could ask for a smaller lot size. They would need to go before the Board of Appeals for waivers, come to the Planning Board and prove a benefit to the City or property for granting the waiver. Corneille asked how someone would go about asking for a change to increase the minimum lot size. Franzen stated the neighborhood can petition for a code change. Regardless of minimum lot size someone is going to ask for a waiver. To prevent further subdivision neighbors need to create covenants that would keep it the same forever. There is a process to do that. MOTION by Stoelting, second by Nelson,to close the public hearing. Motion carried, 7-0. MOTION by Stoelting, second by Nelson, to approve the request for a Planned Unit Development Concept Review on 3.2 acres,Planned Unit Development District Review within the R1-22 zoning district with waivers on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots,based on plans dated January 16, 2003, and subject to the recommendations of the staff report dated January 24, 2003. Motion carried,Foote ney, Steppat ney,Koenig ney, motion passed,4,3. Sodt stated no one has given a good reason not to allow them to go ahead with this since they meet requirements. The wetland waiver seems reasonable. Foote stated that putting a house in there will result in too much tree loss and erosion issues. Steppat agreed with Foote that they would be wedging the house in there. It doesn't fit well and the lot is unique. Koenig stated the project is inconsistent with lot sizes and the neighborhood and she doesn't see any need for more houses on Bryant Lake. Nelson stated she agreed with Sodt and said the tree loss will be mitigated to some extent and she can't see any reason to deny it. Corneille stated that because they do meet the requirements he could see no reason to deny it. He voted aye. I `-f CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 18,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 03-04 ITEM NO.: Engineering Services Vacation of Drainage and Utility Easement -�,�; Dave Olson over part of Southwest Station V iL 1D, Eugene A.Dietz Requested Action Move to: 1. Close the public hearing; and 2. Adopt the resolution vacating the drainage and utility easement over part of Southwest Station. Synopsis North American Properties has requested this vacation to allow reconfiguration of the pond and construction of a deck over a portion of the pond adjacent to restaurants proposed on the site. The pond exclusively serves the Southwest Station site and will be maintained by the property owner. Vacation of the easement will not affect the function of the pond. Attachments Vacation Drawings CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF SOUTHWEST STATION WHEREAS,the City of Eden Prairie has a certain drainage and utility easement described as follows: The drainage and utility easement area over, under and across Lot 1, Block 1, Southwest Station, according to the recorded plat thereof, as dedicated on said plat of Southwest Station, said easement area being described as follows: Beginning at the most southerly corner of Lot 2, Block 1, Southwest Station; thence on an assumed bearing of North 19 degrees 26 minutes 15 seconds West along the lot line common to said Lots 1 and 2 a distance of 39.11 feet; thence South 68 degrees 10 minutes 08 seconds West a distance of 32.89 feet; thence North 17 degrees 48 minutes 55 seconds West a distance of 71.41 feet;thence North 75 degrees 00 minutes 00 seconds East a distance of 26.32 feet; thence North 15 degrees 00 minutes 00 seconds West a distance of 38.05 feet; thence South 75 degrees 00 minutes 00 seconds West a distance of 54.15 feet; thence North 89 degrees 24 minutes 43 seconds West a distance of 188.69 feet; thence North 82 degrees 59 minutes 42 seconds West a distance of 62.80 feet; thence North 10 degrees 29 minutes 29 seconds West a distance of 23.80 feet; thence South 79 degrees 30 minutes 31 seconds West a distance of 21.00 feet;thence South 10 degrees 29 minutes 29 seconds East a distance of 24.95 feet; thence North 30 degrees 18 minutes 58 seconds West a distance of 72.72 feet; thence South 59 degrees 41 minutes 02 seconds West a distance of 21.00 feet; thence South 30 degrees 18 minutes 58 seconds East a distance of 75.52 feet; thence South 37 degrees 23 minutes.12 seconds West a distance of 28.09 feet; . thence North 58 degrees 49 minutes 09 seconds West a distance of 79.65 feet; thence South 30 degrees 06 minutes 47 seconds West a distance of 16.25 feet to the south line of said Lot 1; thence southeasterly along said south line to the point of beginning. Except the Easterly 5.00 feet and the Southerly 10.00 feet of said Lot 1, which are dedicated as drainage and utility easements on the plat of Southwest Station 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, a public hearing was held on February 18,2003, after due notice was given to affected property owners and published in accordance with M.S.A.412.851; and 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 February 18,2003. ATTEST: Nancy Tyra-Lukens,Mayor SEAL Kathleen A.Porta,City Clerk 1 5) T / 7—mammon.— / / 1 / M / 0 / // v / cr / ( I I I . I i I \ \ \ F-- \ - m ,_ F I'- <� o X /1 I f 1 J 0 III \ '-i v v / 1 Z CD U z ,. w _.D c w 0 / / mo(,' U) I / `z, J/ o i: i I / cn / o I 1 / CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims Feb. 18, 2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims 1,E( Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 117423 - 117817 Wire Transfers 1709— 1720 Background Information Attachments I City of Eden Prairie Council Check Summary 2/18/2003 Division Amount General 288,318 101 Legislative 4,123 110 City Clerk 79 111 Customer Service 20,171 112 Human Resources 2,503 113 Communication Services 7,635 114 Benefits&Training 5,388 115 Risk Management 56,437 116 Facilities 33,756 117 City Center 362 130 Assessing 763 131 Finance '75 132 Housing,Trans,Social Service 7,666 133 Community Development 973 134 Heritage Preservation 129 135 Information Technology 45,987 136 Wireless Communication 2,954 151 Park Maintenance 7,484 153 Athletic Programs 6,986 154 Community Center 16,746 156 Youth Programs 4,148 158 Senior Center 1,139 160 Adaptive Recreation 110 161 Oak Point Pool 101 162 Arts 755 163 Park Facilities 895 180 Police 25,755 184 Fire 6,960 185 Animal Control 1,083 186 Inspections 28 200 Engineering 104 201 Street Maintenance 8,803 202 Street Lighting 852 203 Fleet Services 20,499 315 Economic Development 1,800 405 Park Bonds 1992A, 1993A 3,462,376 407 Utility Bonds Arbitrage 3,196,106 410 Improvement Bonds Pre 1990 350,960 412 Improvement Bonds 1991B 300,630 414 Improvement Bonds 1993E 513,725 415 Open Space Debt 1994 125,326 418 HRA 2002A Lease Revenue Bonds 34,531 421 2003A Park Bonds Refunding 1,304 502 Park Development 61 503 Utility Improvement 62,097 506 Improvment Bonds 1996 62,512 507 Construction Fund 1,000 509 CIP Fund 52,874 601 Prairie Village Liquor 56,035 602 Den Road Liquor 123,166 603 Prairie View Liquor 78,576 701 Water Fund 57,350 702 Sewer Fund 208,302 703 Storm Drainage Fund 1,005 800 TIF 2,544 803 Escrow Fund 3,895 Report Totals 9,275,942 I�3 City of Eden Prairie Cound Check Register 2/18/2003 Check# Amount Vendor/Explanation Account Description Business Unit 1709 8,880 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1710 30,678 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1711 15,367 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1712 159,337 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1713 66,594 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1714 1,219,625 WELLS FARGO BANK MINNESOTA NA Principal Improvement Bonds 1991E 1715 3,567,924 US BANK TRUST NATIONAL ASSN Interest HRA 2002A LEASE REVENUE BONDS 1716 3,196,106 FIRSTAR TRUST COMPANY Principal Utility Bonds Arbitrage 1717 1,102 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1720 2,221 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 117423 104 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 117424 100 AMERIPRIDE LINEN&APPAREL SER Repair&MainL Supplies Den Road Liquor Store 117425 2,675 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 117426 5,721 DAY DISTRIBUTING Beer Prairie View Liquor Store 117427 706 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 117428 25,819 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 117429 128 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 117430 109 FAT CHANCE ENTERPRISES Misc Taxable Den Road Liquor Store 117431 152 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 117432 3,974 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 117433 2,003 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 117434 6,142 MARK VII Beer Prairie View Liquor Store 117435 721 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 117436 2,751 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 117437 49 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 117438 10,239 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie View Liquor Store 117439 2,049 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 117440 3,938 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 117441 14,511 THORPE DISTRIBUTING Beer Prairie View Liquor Store 117442 2,069 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 117443 5,671 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 117444 180 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 117445 45 AMERICAN SOCIETY OF CIVIL ENGI Training Supplies Water Utility-General 117446 216 BALDWIN,ALLISON Youth Resident Community Center Admin 117447 245 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 117448 100 CAMPBELL,KIM Refunds Environmental Education 117449 200 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow ' 117450 9,253 CENTERPOINT ENEGY Gas Fire Station#1 117451 32 COCALLAS,CHERIE Lessons&Classes Ice Arena 117452 80 COMPUSA Other Hardware Information Technology 117453 96 ERWIN,JOHN Outside Water Sales Water Enterprise Fund 117454 100 EPP,MATTHEW Refunds Environmental Education 117455 436 GE CAPITAL Other Rentals General 117456 100 HANSON,DIANE Refunds Environmental Education . 117457 293 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 117458 100 HOLLAND,JIM Refunds Environmental Education 117459 100 HUSBAND,JEFF Refunds Environmental Education 117460 100 JOHNSON,JOYCE C Refunds Environmental Education , 117461 100 JOHNSON,RICHARD Refunds Environmental Education 117462 5,774 KMC TELECOM HOLDINGS INC. Telephone Telephone 117463 100 KUTINA,SUZANNE Refunds Environmental Education 117464 13,000 LOGIS Software Information Technology 117465 1,574 MARK VII Beer Den Road Liquor Store 117466 '314 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 117467 100 MINNESOTA RURAL WATER ASSOCIAT Conference Expense Water Utility-General 117468 100 MSSA Dues&Subscriptions In Service Training 117469 7,547 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 117470 39 PHILLIPS,KATHY Outside Water Sales Water Enterprise Fund 117471 859 QWEST Telephone Water Utility-General 117472 940 RICHFIELD CRIME PREVENTION UNI Deposits Escrow Fund 117473 100 ROUBAL,ERIC Refunds Environmental Education 117474 635 SOUTHWEST METRO TRANSIT Deposits Escrow 117475 1,000 ST.LOUIS PARK,CITY OF Deposits Escrow Fund 117476 100 STEINER,OWEN Refunds Environmental Education 117478 489 VINTAGE ONE WINES INC Wine Imported Den Road Liquor Store 117479 202 XCEL ENERGY Electric Crestwood Park 117481 610 UNIVERSITY OF MINNESOTA Conference Expense Den Road Liquor Store 117482 2,064 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 117482 175 ATOM Dues&Subscriptions Police 117483 64 BURROUGHS,RENE Program Fee Preschool Events 152—i City of Eden Prairie Councit Check Register 2/18/2003 Check# Amount Vendor/Explanation Account Description Business Unit 117484 120 FBINAA Dues&Subscriptions Police 117485 41 HEALTHCARE DIMENSIONS Operating Supplies Fitness Classes 117486 400 IACP Dues&Subscriptions Police 117487 40 IAPE Dues&Subscriptions Police 117488 7 IND SCHOOL DIST 272 Miscellaneous City Council 117489 35 KAISER,ALLYSON Lessons&Classes Ice Arena 117490 509 KRAEMERS HARDWARE INC Operating Supplies Water Treatment Plant 117491 162 LEEANN CHIN Miscellaneous City Council 117492 60 MAGC Dues&Subscriptions Police 117493 40 MINNESOTA CRIME PREVENTION ASS Dues&Subscriptions Police 117494 250 MINNESOTA RURAL WATER ASSOCIAT Conference Expense In Service Training 117495 55 MORROW,LYNN Program Fee Winter Skill Development 117496 150 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police 117497 49 PETERS,LEON Operating Supplies Animal Control 117498 60 PLEAA Dues&Subscriptions Police 117499 150 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 117500 1,186 XCEL ENERGY Electric Water Treatment Plant 117501 70 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 117502 120 AMERIPRIDE LINEN&APPAREL SER Repair&Malnt.Supplies Prairie View Liquor Store 117503 162 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 117504 2,705 BELLBOY CORPORATION Liquor Prairie View Liquor Store 117505 5,048 DAY DISTRIBUTING Beer Prairie View Liquor Store 117506 8,190 EAGLE WINE COMPANY Transportation Prairie Village Liquor Store 117507 3,101 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 117508 446 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 117509 1,756 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 117510 14,605 GRIGGS COOPER&CO Liquor Den Road Liquor Store 117512 38,455 JOHNSON BROTHERS LIQUOR CO Other Revenue Den Road Liquor Store 117513 3,559 MARK VII Beer Prairie View Liquor Store 117514 798 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 117515 9,489 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 117516 75 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 117517 12,289 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 117518 890 PINNACLE DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 117519 5,405 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 117520 12,010 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 117521 21,224 THORPE DISTRIBUTING Beer Prairie View Liquor Store 117522 130 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 117523 3,601 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 117524 3,402 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 117525 2,974 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 117526 180 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 117527 80 AMERICAN COUNCIL ON EXERCISE Conference Expense In Service Training 117528 10 ANDERSON,DAWN Program Fee Senior Center Program 117529 48 APPRAISAL INSTITUTE Operating Supplies Assessing 117530 200 BCA/FORENSIC SCIENCE LABORATOR Tuition Reimbursement/School Police 117531 120 BOLD,PAULINE Instructor Service Outdoor Center 117532 200 CASTLE WORLDWIDE,INC Conference Expense In Service Training 117533 15 HSIAO,BETSY Program Fee Outdoor Center 117534 24 HUBER,JUDITH Program Fee Senior Center Program 117535 155 IAAO Dues&Subscriptions In Service Training 117536 110 KRESS,CARLA Mileage&Parking Adaptive Recreation 117537 5 LINDAHL,LEANN Program Fee Outdoor Center 117538 25 LINDQUIST,NIKKI Program Fee Outdoor Center 117539 450 MAAO Dues&Subscriptions In Service Training 117540 298 MARSHALL&SWIFT Operating Supplies Assessing 117541 5 MCEWAN,ERIKA Program Fee Outdoor Center 117542 289 MINNEAPOLIS AREA ASSOC OF REAL Operating Supplies Assessing 117543 70 MINNESOTA LEGAL REGISTER Operating Supplies Assessing 117544 1,330 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 117545 550 MOTION INDUSTRIES INC. Equipment Parts Fleet Services 117546 3,671 NATIONAL LEAGUE OF CITIES Dues&Subscriptions City Council 117547 6,509 NILSSON,BETH Instructor Service Ice Arena 117548 2,749 QWEST Telephone Preserve Park 117549 4,076 ROUSE,SUSAN Clothing&Uniforms Ice Show 117550 18 RUSTAD,JIM Outside Water Sales Water Enterprise Fund 117551 10 STARK,BARBARA Program Fee Senior Center Program 117552 220 TOM THUMB FOOD MARKETS Cigarette Licenses General Fund 117553 5 TWIGG,DERWOOD Program Fee Outdoor Center 117554 170 URAM,DONALD Tuition Reimbursement/School In Service Training City of Eden Prairie Council Check Register 2/18/2003 Check# Amount Vendor/Explanation Account Description Business Unit 117555 10 UZ,GABRIELLE Program Fee Outdoor Center 117556 10 WALKER,DIANE Program Fee Senior Center Program 117557 50 WALSTEIN,LOUISE M. Instructor Service Outdoor Center 117558 226 WESTACOTT,JOEL Capital Under$2,000 Information Technology 117559 569 ACTION CONSTRUCTION Deposits Escrow 117560 130 BERGSTROM,JULIE Operating Supplies Police City Center 117561 110 CLAREYS INC Safety Supplies Prairie Village Liquor Store 117562 100 CONRAD,JAN Refunds Environmental Education 117563 8 DAVIDSON,CORWIN Outside Water Sales Water Enterprise Fund 117564 164 DEGREE,BETH Mileage&Parking Oak Point Operations 117565 383 DOIG,LARRY Tuition Reimbursement/School In Service Training 117566 100 FULLER,MARK Refunds Environmental Education 117567 1,787 GYMBOREE PLAY&MUSIC Instructor Service Preschool Events 117568 60 HIPPS,JOANNE Youth Resident Community Center Admin 117569 100 JOAS,PATRICK Refunds Environmental Education 117570 100 JOHNSON,KENT Refunds Environmental Education 117571 1,000 LONGTIN,BRADLEY D. Right of Way&Easement Charlson Area Construction 117572 295 MANOR CONCRETE Deposits Escrow 117573 661 MAROTTA,VIC Instructor Service Fall Skill Development 117574 816 MRPA Special Event Fees Volleyball 117575 100 PEROUTKA,ROBERT Refunds Environmental Education 117576 311 PETTY CASH Operating Supplies Police 117577 100 PLAGER,DEBBIE Refunds Environmental Education 117578 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 117579 150 STATE FIRE MARSHAL DIVISION Conference Expense Fire 117580 50 UNIVERSITY OF MINNESOTA Conference Expense Den Road Liquor Store 117581 100 VEVLE,RICHARD Refunds Environmental Education 117582 2,044 XCEL ENERGY Principal Traffic Signals 117583 217 BECKER,DAVE Clothing&Uniforms Police 117584 417 BERGSTROM,JIM Clothing&Uniforms Police 117585 400 D'ARCE,MARTIN Special Event Fees Special Events&Trips 117586 192 GUSTAD,MARK Clothing&Uniforms Police 117587 2,677 HENNEPIN CNTY TREAS-GENERAL Board of Prisoner Police 117588 929 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 117589 2,544 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services TIF Elim Shores&PV Apartment 117590 64 MILLARD,CHRIS Clothing&Uniforms Police 117591 166 MORROW,LYNN Clothing&Uniforms Police 117592 355 ROHDE,ANDREW Clothing&Uniforms Police 117593 28 SECRETARY OF STATE Operating Supplies Housing,Trans,&Human Sery 117596 100 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 117597 2,129 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 117599 100 AMEM Dues&Subscriptions Fire 117600 10 BENSON,ROBERT Program Fee Outdoor Center 117601 47,677 BFI WASTE SYSTEMS OF NORTH AME Land Utility Improvement Fund 117602 10 BOLAND,MICHAEL Program Fee Outdoor Center 117603 40 BOLD,PAULINE Instructor Service Outdoor Center 117604 810 BOMA MINNEAPOLIS Dues&Subscriptions In Service Training 117605 1,368 CENTERPOINT ENERGY Building Capital Impr./Metnt.Fund 117606 217 DUCHSCHERE,KYLE Clothing&Uniforms Police 117607 218 DUPONT,BRENT Clothing&Uniforms Police 117608 1,440 EDEN PRAIRIE FIREFIGHTER'S REL Other Deductions General Fund 117609 160 FIRE INSTRUCTORS ASSN OF MN Conference Expense Fire 117610 180 FORMANECK,DUANE Other Contracted Services Volleyball 117611 1,079 GENERAL MUSIC INC Other Contracted Services Communication Services 117612 20 HANSON,RUSSELL W Program Fee Senior Center Program 117613 480 HENRY,PAUL Other Contracted Services Broomball 117614 420 HOLMES,JOHN CARTER Other Contracted Services Basketball 117615 530 HOLMES,TOM Other Contracted Services Basketball 117616 50 IMSA Operating Supplies Traffic Signals 117617 125 LIMBERG,KRISTY Operating Supplies Winter Theatre 117618 197 M LEE SMITH PUBLISHERS LLC Dues&Subscriptions In Service Training 117619 65 MFEA Dues&Subscriptions In Service Training 117620 50 MFSCB Employment Support Test Fire 117621 297 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund 117622 150 MINNESOTA DEPT OF PUBLIC SAFET Tuition Reimbursement/School Police 117623 2,503 MINNESOTA VIKINGS FOOD SERVICE Employee Award Human Resources 117624 40 OBIAZOR,LAURIE Video&Photo Supplies Communication Services 117625 200 PAX CHRISTI CATHOLIC COMMUNITY Staring Lake Theatre Park Facilities 117626 270 PETTY CASH Conference Expense Police 117627 630 RATEIKE,MARILYN JANE Other Contracted Services Art&Music 156 City of Eden Prairie Council Check Register 2/18/2003 Check# Amount Vendor/Explanation Account Description Business Unit 117628 520 RAY,DAVID M. Other Contracted Services Basketball 117629 529 RAY,LEE Other Contracted Services Basketball 117630 42 ROGERS,MICHAEL Mileage&Parking Fire 117631 160 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions In Service Training 117632 75 SPRINGFIELD SYMPOSIUM,THE Conference Expense Finance 117633 5 SWENSEN,MICHELLE Program Fee Outdoor Center 117634 556 TAYLOR,SCOTT Travel Expense Fire 117635 35 TCALMC Conference Expense Engineering 117636 64 THOMPSON,NANCY J Recreation Supplies Senior Center Program 117637 50 TURF SUPPLY COMPANY Conference Expense Park Maintenance 117638 5 UZ,GABRIELLE Program Fee Outdoor Center 117639 325 WEB CROSSING INC Other Contracted Services Communication Services 117640 80 WOLFGRAM,JOHN Employment Support Test Fire 117641 51 A TO Z RENTAL CENTER Other Rentals Street Maintenance 117642 29 ACCELERATED BUSINESS CREDIT CO Office Supplies General 117643 182 ACT ELECTRONICS INC Operating Supplies Traffic Signals 117644 57 ADIRONDACK DIRECT Office Supplies General 117645 298 ADVANTAGE FIRST AID AND SAFETY Safety Supplies Risk Management 117646 14 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store 117647 125 AMERICAN MANAGEMENT ASSOCIATIO Training Supplies Water Utility-General 117648 28 AMERICAN RED CROSS Recreation Supplies Pool Lessons 117649 381 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water System Maintenance 117650 32 ANCHOR PAPER COMPANY Office Supplies General 117651 5,084 ANCHOR PRINTING COMPANY Printing Communication Services 117652 169 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 117653 1,368 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 117654 195 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 117655 474 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 117656 107 AUTOMATED ENTRANCE PRODUCTS IN Building Repair&Maint. Den Road Liquor Store 117657 1,468 BACHMANS CREDIT DEPT Other Contracted Services General Facilities 117658 256 BAN-KOE SYSTEMS INC Repair&Maint.Supplies Community Center Admin 117659 327 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 117660 64 BERTELSON OFFICE PLUS Operating Supplies Fire Station#3 117661 376 BLACK&DECKER,USPTG Small Tools Water System Maintenance 117662 427 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Park Maintenance 117663 980 BLOOMINGTON,CITY OF Kennel Services Animal Control 117664 568 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 117665 389 BRO-TEX INC Cleaning Supplies General Facilities 117666 854 CARGILL SALT Salt Snow&Ice Control 117667 301 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 117668 40 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 117669 1,424 CENTRAIRE INC Building Repair&Maint. Public Works/Parks 117670 910 CHAD NESTOR&ASSOCIATES Other Contracted Services Communication Services 117671 935 CLAREYS INC Safety Supplies Fleet Services 117672 82 COPY EQUIPMENT INC Operating Supplies Park Maintenance 117674 4,316 CORPORATE EXPRESS Office Supplies Police 117675 786 CRYSTEEL TRUCK EQUIPMENT INC Capital Under$2,000 Fleet Services 117676 207 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 117677 6,714 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 117678 4,486 CY'S UNIFORMS Clothing&Uniforms Police 117679 122 D'AMICO AND SONS Miscellaneous Communication Services 117680 370 DALCO Cleaning Supplies Maintenance 117681 8 DEKO FACTORY SERVICE INC Operating Supplies Park Maintenance 117682 9,410 DELL MARKETING L.P. Capital Under$2,000 Wireless Communication 117683 187 DIESEL INJECTION SERVICE INC Equipment Parts Fleet Services 117684 19,575 DMJ CORPORATION Improvement Contracts Capital Impr./Maint.Fund 117685 10,077 DRT TRANSPORT Other Contracted Services Lime Sludge 117686 671 DYNA SYSTEMS Repair&Maint.Supplies Water Treatment Plant 117687 850 EAGLE TRAINING LLC Tuition Reimbursement/School Police 117688 874 EARL F ANDERSEN INC Signs Traffic Signs 117689 7,213 EBERT CONSTRUCTION Building Capital Impr./Maint.Fund 117690 701 ECOLAB INC Other Contracted Services Water Treatment Plant 117691 139 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 117692 197 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions City Council 117693 1,379 EDEN PRAIRIE TRANSMISSION Repair&Maint Supplies Ice Arena 117694 1,800 ENDURANT BUSINESS SOLUTIONS IN Other Contracted Services Economic Development Fund 117695 1,170 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services 117696 4,215 EPA AUDIO VISUAL INC Capital Under$2,000 Information Technology 117697 9,481 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 117698 8,731 FACILITY SYSTEMS INC Capital Under$2,000 Capital Impr./Maint Fund ( —4-. City of Eden Prairie Council Check Register 2/18/2603 Check# Amount Vendor/Explanation Account Description Business Unit 117699 3,888 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 117700 3,750 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 117701 10 FAMILY FUN Dues&Subscriptions Youth Programs Administration 117702 20 FEDEX Postage General 117703 442 FERRELLGAS Motor Fuels Heritage Preservation 117704 34 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 117705 305 FLORAN TECHNOLOGIES Cleaning Supplies Water Treatment Plant 117706 6,930 FORE MECHANICAL,INC Equipment Repair&Maint Public Works/Parks 117707 1,010 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 117708 637 GENERAL SAFETY EQUIPMENT COMPA Equipment Parts Fleet Services 117709 48 GINA MARIAS INC Miscellaneous Police 117710 48 GIRARD'S BUSINESS MACHINES INC Equipment Repair&Maint General 117711 205 GOPHER Training Supplies Police 117712 104 GRAFIX SHOPPE Capital Under$2,000 Fleet Services 117713 61 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 117714 3,554 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 117715 973 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 117716 4 HIRSHFIELD'S Repair&Maint.Supplies Fire Station#3 117717 765 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 117718 305 IDENTIX INCORPORATED Equipment Repair&Maint Police 117719 3,667 IND SCHOOL DIST 272 Gym Rental Open Gym 117720 234 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 117721 549 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 117722 181 INTOXIMETERS Operating Supplies Police 117723 67 J H LARSON ELECTRICAL COMPANY Equipment Repair&Maint General Facilities 117724 175 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 117725 3,587 JANEX INC Cleaning Supplies Maintenance 117726 199 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 117727 390 JOHNSON,KAMARA Other Contracted Services Park Facilities 117728 2,937 K.E.E.P.R.S.INC Clothing&Uniforms Reserves 117729 632 KINKO'S Printing Youth Programs Administration 117730 145 KLOECKNER,LINDA Advertising Community CenterAdmin 117731 10,274 KRAFKA,STAN Equipment Repair&Maint Water Treatment Plant 117732 196 KUSTOM SIGNALS INC Equipment Repair&Maint Police 117733 149 LAB SAFETY SUPPLY INC Safety Supplies Risk Management 117734 154 LAKE COUNTRY DOOR Building Repair&Maint. Water Treatment Plant 117735 4,121 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 117736 882 LANO EQUIPMENT INC Equipment Parts Fleet Services 117737 59,967 LEAGUE MN CITIES INS TRUST Insurance Den Road Liquor Store 117738 3,138 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 117739 24,186 LOGIS Network Support Information Technology 117740 25 M SHANKEN COMMUNICATIONS INC Misc Non-Taxable Prairie View Liquor Store 117741 8,639 MCKAY FLOOR COVERING Building Repair&Maint. Public Works/Parks 117742 1,862 MCNEILUS STEEL INC Repair&Maint.Supplies Fleet Services 117743 408 MEDICINE LAKE TOURS Special Event Fees Adult Program 117744 486 MENARDS Repair&Maint.Supplies Maintenance 117745 5,017 METRO FIRE Small Tools Fire 117746 2,235 METRO SALES INCORPORATED` Equipment Repair&Maint General 117747 204,187 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 117748 86 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 117749 606 MIDWAY INDUSTRIAL SUPPLY CO IN Building Repair&Maint. Fire Station#1 117750 166 MIDWEST TELETRON INC. Equipment Repair&Maint Police 117751 62,478 MINGER CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 117752 116 MINNESOTA COUNTY ATTORNEYS ASS Printing Police 117753 1,220 MINNESOTA PIPE AND EQUIPMENT' Repair&Maint.Supplies Water System Maintenance 117754 324 MINNESOTA PRINT MANAGEMENT LLC Printing Police 117755 159 MINNESOTA SAFETY COUNCIL Dues&Subscriptions In Service Training 117756 1,377 MINNESOTA SUPPLY COMPANY Capital Under$2,000 Water Treatment Plant 117757 13 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous General Facilities 117758 351 MRCI Operating Supplies Park Maintenance 117759 822 MTI DISTRIBUTING INC Equipment Parts Fleet Services 117760 125 NASCO Operating Supplies Youth Programs Administration 117761 267 NATIONAL WATERWORKS Equipment Parts Water Meter Repair 117762 18 NAUTILUS/SCHWINN FITNESS GROUP Repair&Maint.Supplies Fitness Center 117763 56 NCS Operating Supplies Den Road Liquor Store 117764 213 " NO BUTTS BIN CO INC Operating Supplies City Center Operations 117765 4,664 OFFICE DEPOT CREDIT PLAN Capital Under$2,000 Furniture 117766 26 OLSEN COMPANIES Operating Supplies Street Maintenance 117767 114 ORIENTAL TRADING CO INC Operating Supplies After School Programs 117768 698 OSI BATTERIES INC Operating Supplies Police City of Eden Prairie Council Check Register 2/18/2003 Check# Amount Vendor/Explanation Account Description Business Unit 117769 2,935 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 117770 50 PETSMART Canine Supplies Police 117771 66 POWERPLAN Equipment Parts Fleet Services 117772 609 PRAIRIE CYCLE&SKI Equipment Repair&Maint Police 117773 2,077 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Public Works/Parks 117774 244 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 117775 658 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 117776 68 RADIOSHACK Operating Supplies Police 117777 73 RAINBOW FOODS INC. Safety Supplies Skating Rinks 117778 16,411 RMR SERVICES INC Other Contracted Services Water Meter Reading 117779 1,095 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 117780 1,665 RUMPCA CO INC Waste Disposal Tree Removal 117781 59 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 117782 189 SEELYE PLASTICS INC Repair&Maint.Supplies Water Treatment Plant 117783 17,015 SHORT ELLIOT HENDRICKSON INC Design&Engineering Capital Impr./Maint.Fund 117784 58 SIMTEK CORPORATION Other Contracted Services Police 117785 102 SPRI PRODUCTS INC Operating Supplies Fitness Classes 117786 551 SPS COMPANIES Repair&Maint.Supplies Water Treatment Plant 117787 12 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 117788 69 STEVE LUCAS PHOTOGRAPHY Other Contracted Services City Council 117789 3,158 STREICHERS Operating Supplies Animal Control 117790 81 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 117791 79 SUN NEWSPAPERS Legal Notices Publishing City Clerk 117792 1,319 SWANSONS PRESSURE CLEANERS INC Equipment Parts Water Treatment Plant 117793 125 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 117794 1,160 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant 117795 445 TESSCO Operating Supplies Wireless Communication 117796 317 TESSMAN SEED CO Chemicals Park Maintenance 117797 790 TIM'S TOWER SERVICE INC. Equipment Repair&Maint Wireless Communication 117798 218 TKDA Other Contracted Services Water System Maintenance 117799 99 TOLL GAS AND WELDING SUPPLY Protective Clothing Water System Maintenance 117800 212 TOTAL REGISTER Operating Supplies Prairie View Liquor Store 117801 1,181 TRANS ALARM INC Equipment Repair&Maint Police 117802 579 UNIFORMS UNLIMITED Clothing&Uniforms Police 117803 1,980 UNITED RENTALS Other Rentals Street Maintenance 117804 385 UNITED RENTALS HIGHWAY TECHNOL Repair&Maint,Supplies Storm Drainage 117805 1,304 US BANK TRUST NATIONAL ASSN Paying Agent 2003A G.O.Park Refunding 117806 333 VOSS LIGHTING Repair&Maint.Supplies Maintenance 117807 90 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 117808 851 W W GRAINGER INC Lubricants&Additives Fleet Services 117809 54 WALMART COMMUNITY Operating Supplies Police 117810 214 WASP BAR CODE Software Information Technology 117811 1,065 WATSON CO INC,THE Merchandise for Resale Concessions 117812 757 WEST WELD Equipment Parts Fleet Services 117813 103 WESTCO RECOGNITION ADVERTISING Recreation Supplies Senior Center Program 117814 28 WESTSIDE EQUIPMENT Equipment Parts Fleet Services 117815 2,389 WM MUELLER AND SONS INC Sand Snow&Ice Control 117816 184 WOLF CAMERA Video&Photo Supplies Assessing 117817 111 X-ERGON Repair&Maint.Supplies Water Treatment Plant 9,275,942 Grand Total 15C' CITY COUNCIL AGENDA DATE: SECTION: Petitions,Requests and Communications February 18, 2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Office of the City Manager: 1 /� Scott Neal Business "Meet&Greet"Report /1 David Lindahl Requested Action No action is requested. Synopsis "Neal pledges `reinvigorated'business ties"was the heading of an EP News article published August 21, 2002. The article included excerpts of a speech by Scott Neal to the Chamber of Commerce outlining plans for strengthening the City's relationship with Eden Prairie business community.A key strategy for accomplishing this is to get to know business leaders through what has come to be known as the"meet and greet"business tour. The tour officially started September 11,2002 when Mayor Tyra-Lukens,Scott Neal,Don Uram,and David Lindahl met with Tom Sweeney,CEO of Deli Express,a food processing company located on Fuller Road.We did not deliberately plan our first meeting on the first anniversary of the World Trade Center bombings,but in retrospect was serendipitous in that it represents a renewed gratitude toward business and free enterprise, which as we all know is the foundation to the American way of life. The first meeting with Deli Express was quite constructive and very characteristic of all future meetings.We learned about their business and its long history in Eden Prairie.We also learned about its business challenges,plans for expansion, and of their concern about traffic congestion,taxes,and the cost of water in Eden Prairie. Each meeting is followed-up with a thank you letter that answers questions not addressed at the meeting,and reiterates our appreciation for their business.It also asks to consider Eden Prairie if they ever plan to expand or relocate. We have met with thirty-four businesses and have appointments to meet another ten by the end of March. The meetings have gone very well and all the business leaders have stated their appreciation for the City taking the initiative to meet with them. General comments from business leaders include: • Eden Prairie is a good location for businesses. • Many business leaders live in Eden Prairie(and like it). • EP is a desirable place to live and helps in recruiting"highly sought after" employees. • Business leaders appreciate all the new restaurants—a lot of business is done over lunch/dinner. • Traffic congestion a major concern—especially on I-494. As you might expect,most business leaders are focused on their bottom-line and they are not always aware or necessarily concerned with local issues unless it affects them directly, i.e., � 60 proposed smoking ban. Whenever possible,we share information about services provided by the Eden Prairie Chamber of Commerce,Hennepin Technical College, and Habitat for Technology. Below is a list of the businesses we have met with so far. Meeting Business Name Contact Date Empl. Business 1. Deli Express Tom Sween-CEO 9/11/02 300 Food Processing 2. Dry Steem Humidifier Roger Posh-President 9/16/02 130 Mfc Humidifiers 3. Lions Tap Bert Noterman-Owner 9/20/02 30 Restaurant 4. Mail Handling Systems Tom Silver/Wayne Cummings-Owners 9/20/02 250 Mail Handling 5. Liberty Property Trust Dave Jellison-Vice President 10/3/02 30 Commercial Real Estate 6. Survey and Ballot Systems Jon&Peter Westerhause-Owners 10/11/02 15 Survey/Ballot Services 7. Physical Electronics David Ring/Matt Tim-CEO/VP 10/21/02 90 Mfc Surface Analysis Instruments 8. Bumofon Hearing Aids Peter Van Nest-President 10/22/02 76 Mfc Hearing Aids 9. Minnesota Vikings Steve Poppen-VP 10/29/02 150 Professional Football 10.Eaton Corporation David Adams/Scott Deakin -VP 10/30/02 487 Mfc Hydrolic Pumps 11.Sun Current Newspapers Gene Can-CEO 11/1/02 60 News Publisher 12.CIMA Labs Dr.John Seibert-CEO 11/5/02 205 Mfc Prescription Products 13.AVI Systems Joe Stoebner -CEO 11/18/02 125 Audio Visual Systems 14.Celleration Kevin Nickels- CEO 11/18/02 10 Mfc Medical Devices 15.Notiva Mark Brandt/Paul Hanson -Founders 11/19/02 25 Transaction Settlement Services 16.Lifetouch Paul Harmel-CEO 11/21/02 400 Photography/Pictures 17.Digital River Carter Hicks/Al Galgano-CFO/VP 12/3/02 460 Internet Marketing Solutions 18.Suprvalu Jeff Noddle(and staff)-CEO 12/9/02 900 Food Supplier 19.GE Fleet Services Kathy Marinello(and staff)-CEO 12/10/02 882 Fleet Leasing 20.JASC Software Kris Tufto-CEO 12/11/02 110 Digital Imaging Software 21.Rosemount Emerson Scott Anderson-VP/General Manager 12/12/02 1900 Mfc Flow Measurement Devices 22.Augustine Medical John Thomas-President 12/17/02 230 Mfc Warm-Up Therapy Product 23.HDMG Jamie Heuton-Owner 12/20/02 13 Video Production Services 24.Prairie Adult Care Joanne Bartell-Owner 1/7/03 12 Adult Care Services 25.MTS Sidney Emerson-CEO 1/13/03 1100 Mechanical Testing 26.LSS Data Systems Stephanie Petersen(and staff)-CEO 1/21/03 85 Physician Billing Services 27.A to Z Rental Jim and Jean Way-Owners 1/23/03 20 Rental Services 28 Stellent Vern Henzlik-CEO 1/28/03 130 Web Content Management 29.Castle Ridge Care Scott Welter-Administrator 1/30/03 90 Nursing Home 30.Inlet medical Lee Jones-CEO 2/3/03 15 Laparoscopic Surgical Instr. 31.Department 56 Susan Engle/Robert Rose-CEO/VP 2/5/03 100 Mfc Holiday Collectables 32.CH Robinnson John Wiehoff(and staff) -CEO 2/10/03 750 Third Party Logistics 33.PPT Vision Joe Christianson-CEO 2/11/03 70 Mfc.Vision Systems 34.Lifetime Fitness BahramAkradi-CEO 2/12/03 300 Fitness Centers Total 9,550 Employees The thirty-four businesses we have met so far represent about 20% of our total employment. We have meetings scheduled with another ten businesses through March, and plan to meet another eighty by the end of the year. [GI CITY COUNCIL AGENDA DATE: February 18,2003 SECTION: Director of Public Works DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Disposition of Edenvale Outlots Eugene A. Dietz RECOMMENDED ACTION Based on input from Edenvale residents and after substantial internal discussion, staff recommends that resources be allocated to implement a strategy that would cause approximately 21 outlots in the Edenvale P.U.D. area to become parks and open space property controlled by the City of Eden Prairie. HISTORY A June 17, 1970,news release announced a new development plan in Eden Prairie. The title was "Ecology Guides Plans for Edenvale, New 1,000 Acre Community". Including the proposed golf course, it was touted to have over 200 acres of open space, connected with trail corridors and greenways. The concept included a mix of industrial, office, commercial and residential. Attached as Exhibit A, the land use plan contained over 3,700 residential units. However, only about 200 of the units were planned to be single family, while the balance was a mixture of townhomes, duplexes, condominiums and apartments. East and south of the golf course developed nearly as planned, except that much of the regional commercial was converted to office/industrial. The most significant changes in land use occurred west of the golf course and north of Valley View Road. Where there was once a predominance of multiple family units, much of the acreage was converted to single family products. However, the greenways and open space that was originally proposed with the project has generally been maintained. Edenvale was planned to be developed over a 10-year period of time. The initial plat was for the industrial park along Martin Drive in 1970 and after more than 50 plats, the most recent significant project was the townhome project at the southeast corner of Mitchell Road and Baker Road in 1997. THE DILEMMA In 1973, "Articles of Incorporation of Edenvale Association" was executed. The purpose of the document was to provide architectural control, promote recreation/health/safety/welfare of its residents and to provide for improvement and maintenance of the common properties. During the timeframe that the developer was active in Edenvale, they collected fees for maintenance (with mixed success) and managed the common properties. With little fanfare, it appears that the Association was dissolved on December 31, 1997. ARTICLE VII. DISSOLUTION. states: "The Association may be dissolved with the assent given in writing and signed by members holding not less than two-thirds (2/3) of the votes in each class of voting membership. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes". Over the years, a reactive approach to the problem by the City of Eden Prairie to the process of tax forfeiture— usually as a result of unpaid bills for tree removal— has resulted in some of the property being conveyed to adjacent land owners, but generally to the City of Eden Prairie. In recent times there have been two controversial issues in the neighborhood on the west side of the LRT Trail Line, one of which is still pending. Approximately five or six years ago, Glenshire Outlot A on the east side of Edenvale Boulevard, between Woodland Drive and Sunshine Drive, went tax forfeit for failure to pay special assessments. This outlot was originally planned to be a church site, but ultimately became largely unbuildable due to the Wetland Conservation Act of 1991. Through a lengthy process, this site has become a wetland mitigation site for the City of Eden Prairie, which is now under construction. Last year, Outlot B, Raven Ridge First Addition (approximately two acres on the east side of Edenvale Boulevard across from Edgewood Court) went tax forfeit. The City of Eden Prairie was given an opportunity to take the land for public open space, but the recommendation from staff was that it should be sold at public auction for potential development. There are 20 other outlots of varying size and shape that have the potential to go through this same process of forfeiture. RESIDENT INPUT Shortly after the Raven Ridge Outlot was posted with a sign advertising it for sale, several area residents voiced concerns to City staff and Council. At our request, Hennepin County removed the parcel from the auction so that issues and details could be more fully examined. The DPW discussed and met with a spokesperson for the Edenvale neighborhood area(Roger Person) on a number of occasions. Staff developed a strategy and met with nine of the residents on August 21, 2002 where the following was proposed: 1. The City of Eden Prairie was not interested in owning all of the outlots in the area. 2. The ownership of the outlots should be in the hands of neighborhood residents through some type of an association. 3. It would be desirable to deal with all of the outlots on a proactive basis rather than a reactive basis. 4. If the neighborhood would take the lead in acquiring the ownership of the outlots, staff would recommend a resolution for Council approval that would convey the Raven Ridge G;1-SSA\COUNCIL 20031000-Director of Public Works Form.doc 16P- Outlot to either an association or adjacent multiple family properties (perhaps at a reduced price). The concerned residents established the "Edenvale Conservation Group" and took up the challenge of identifying a mechanism for neighborhood ownership of the outlots. THE PROBLEM The Edenvale Conservation Group found themselves faced with a significant task. Through their efforts they found property owners that were receptive in some cases and I suspect a difficulty in convincing others that a financial commitment was necessary in order to preserve open space that they probably believed was already being preserved. Attached as Exhibit B is a specific request from the Edenvale Conservation Group on the disposition of this issue. The specific requests are well thought out and suggests the fmal disposition of each of the outlots be negotiated on a case by case basis. WHY THE RELUCTANCE OF CITY OWNERSHIP? Staff has been of the opinion that there is substantial and sufficient public open space and parks currently in City ownership in the Edenvale area. Many of the outlots are narrow strips of land sandwiched between private property. Staff concern has been that weeds,tree removal and"tree house"issues could consume an unreasonably high amount of resources from the City. PREFERRED SOLUTION After receiving the letter from the Edenvale Conservation Group, staff discussed options at length. In the final analysis, staff has concluded that: Ownership and maintenance of outlots by multiple owners has proven to be very unsuccessful. In contrast to common properties established in multiple family/high density projects where there is usually a hired management firm that oversees maintenance, single family neighborhoods must depend on the efforts of a few of its residents to manage property and money. While City ownership of these outlots may not be inevitable, the likelihood of hundreds of people coalescing on a solution is unlikely. Therefore, staff recommends that a process be placed in motion that will preserve the character of the neighborhoods, reduce conflict and minimize maintenance efforts by the City. Staff recommends the following steps be taken: 1. That City Council adopt a resolution requesting that Outlot B, Raven Ridge be removed from the tax forfeiture sale and conveyed to the City of Eden Prairie for park and open space purposes. 2. That the City Attorney be directed to investigate the legal ramifications of the dissolution of the Edenvale Association to determine how the remaining outlots be obtained by the City of Eden Prairie. 3. That staff explore the possibilities of legally limiting service on the outlots when under City ownership. G:11-SSAICOUNCIL 20031000-Director of Public Works Fccm.doc /3 ATTACHMENTS 1. Exhibit A—Edenvale Land Use Plan, 1970/revised 1972 2. Exhibit B—Letter from Edenvale Conservation Group 3. Exhibit Cl —List of outlots in the Edenvale area with map reference numbers for the 21 in question 4. Exhibit C2—Outlots generally north of Valley View Road and west of LRT 5. Exhibit C3—Outlots#17 and#20,not visible on Exhibit C2 6. Exhibit C4—Outlot areas in the vicinity of Golf View Drive G:\1-SSA\COUNCIL 2003\000-Director of Public Works Form.doc I 61-1 'Let Ilea,VI S •• • ` . • el H • •• O O o o 0 ♦ • �" o 0 0 O 0 0 0 O 0 O 0 Di el • E • r fa 0 c ♦ O • • • : E t�i E •• e a = H O • c o• V ¢U • < C 0 7 c _ E a ... • a 1 = • • • E f • • c 0 v t• • 1 - • E e ' • •v - - • i i o • a n 2 i c a a z Qm00 W IA- CD = _- -; Y • II oyE •E ¢M U i • • .. 2.›).) . 'a _ • E� - u �4 U _ r a. e. °• E .• .,,E c C ! 6N L.) . 0 0• <U j / • 1 • . C • C\ �� Ew . U Oe I (s ¢ s• w rU ff . •.•. . .- °A.lt r,„,,,ii . l--it, \,E•ie-t,4`"14s4 4 e,44 0•44',.,0' 1•••k ,";. i !RI k1l3'1--- Cil pCZI • • / • / < j o r c • aN Q o � _ o �3 G E• 4 c e.- • O S. \ • i ^ ` E= • E • It . / .. ,,- 03°a. Nni-_t .7" . i . 0 ES • c ' 0 ar :— mai • iss S E: U" = C A ~ III likhibh. > P. - E_� g is . • Ems. a. W • ICI •• 4 ` ' = _ I: W • s •� E: =E • •E Xflii.fi f ✓1 Re: Edenvale Conservation Group requests pertaining to outlot issues slated for discussion at a forthcoming City Council workshop. Gene, We greatly appreciate the time and work you and other city staff members have contributed to a fuller understanding of the problems pertaining to the outlots associated with the Edenvale Association. I think we all know there is not a single solution applicable to all outlots. These outlots range in size up to a little more than two acres with irregular shapes including long, narrow strips and small, detached fragments.The outlots have varying topographical features but are mostly wooded or otherwise natural providing scenic viewsheds, buffering,wildlife habitat corridors and mowed play spaces for children and parents. One of them contains a City well; another an unused and not maintained playground area with equipment and some are local trail corridors. Some of the narrow strip and small outlots are difficult to detect because a few adjacent property owners, not being aware of property restrictions, use them for a variety of reasons.A driveway crosses one of these; others are used for the likes of compost piles, gardens, yard debris and doghouses. Generally,the Edenvale Conservation Group urges the adoption of a solution that honors the Eden Land Corporation development objectives,which specified an "urban development in harmony with nature".The Village of Eden Prairie approved this concept approximately 30 years ago. It was a key development objective at that time and still is a good objective today. The Edenvale Conservation Group advises that it is very important to adopt a comprehensive procedure which will restore the approved objectives of these outlots as soon as possible; that to do otherwise will prompt continued confusion; and situations which will pit neighbor against neighbor and neighborhoods against the city and county-situations which would be costly, time consuming and unpleasant for city staff and homeowners. • For example, we need to avoid scenarios in which individual homeowners are permitted to claim or acquire deed on entire outlots or pieces of these outlots if the character,function and appeal of a neighborhood is put in harms way. The number of public hearings, petitions and legal actions could be staggering given the number of vulnerable outlots. With that said, here is our specific requests to the City. Specific Requests: 1. Take immediate action to remove Outlot B, Raven Ridge First Addition from further Hennepin County tax forfeit land sales and development. 2. Take appropriate legal action to transfer the twenty-one (21) Edenvale Addition outlots with ownership noted on Hennepin County records as Eden Land Corporation, Edenvale Association, Universal Land Corporation, Equitable Life Assurance or Tax Forfeit to the City of Eden Prairie. 3. Review potential dispositions for each outlot with our group and interested neighbors. 4. Honor the Dissolution paragraph of the Articles of Incorporation of the Edenvale Association incorporated on 12/27/1973 and involuntarily dissolved on 12/31/1997.This paragraph stated, "Upon dissolution of the Association, other than incident to a merger or consolidation,the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created." L X}f/,�/! l6•6 5. Whereas many of these areas have been designated on city maps such as the 3/19/02 Guide Plan as Public/Quasi-Public Areas.And, since over the last thirty years, city representatives and Realtors have repeatedly told residents that these were open space areas and would not be developed,we recommend the following action: The City should create a new category of open space with restored protective restrictions to accommodate those outlots for which it assumes ownership. Such a category of open space would be provided with a mechanism to cover liability and maintenance expenses. 6. On Edenvale Road, Consider designating the lot with the playground equipment(PID#04- 116-22-31-0117)next to the Cinnamon Ridge Townhouse Association as a mini park. 7. Consider designating the outlot(09-116-22-21-0027)containing the City Well (Edenvale 10th Addition OUTLOT A between Edenvale and homes on Springhill)as City Park. 8. Honor the City Engineering Report 8/8/1978 for OUTLOT B, Raven Ridge First Edition,to be used for"open space". Either the city should own it as permanent open space or it should be given to the Cedar Point Townhouse Association with a covenant to protect it from development. 9. Note: Last fall you spoke to the county and got a verbal agreement that OUTLOT B would not be on a Tax Forfeit sale list for at least 6 months.You considered going to the City Council to request that they pass a resolution asking the county to sell the OUTLOT to adjacent property owners at a reduced price because of substantial easements on the property.The county said OUTLOT B is appraised at$15,700. Request: If the desired action is to turn over any lots to existing Townhouse Associations, we request that there should be no price charged for what has and is currently considered walkway, recreational and/or open space. 10. Note: Property owners adjacent to the two outlots bordered by Ironwood Ct, Woodland Dr, and Woodhill Tr. (04-116-22-43-0059 and 04-116-22-43-0037)are considering the formation of an association to own and manage these outlots for continued open space and recreational uses. Seven of the fifteen adjacent property owners have reportedly expressed an interest in such an association. Request: This group requests that the city would take appropriate legal action to transfer the two outlots from the Edenvale Association directly to the new association,which they hope to form. We understand that the outlot workshop is not a public hearing but a venue to exchange information and observation. We look forward to participating with the City Staff and Council. Sincerely, Roger Person Jeff Strate Don Opheim For the Edenvale Conservation Group m m m m a) 22002 d- CI m m ID a) E.D.CO W LLL LLLL ..- 1' a) L U L ID_ a L ID. 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Ec- iti AP 4114 or/ ....5i Ir, U .: CROWN DRIVE i 1 o F Z a iiiii. +_ . `5 10-110-22- -ooe4 ' i 8-22-22- " I Lii R , , 1 , , irdit iii Ai 140. T op G r „, .1r,# 0 pig v +SS fir, 4 4J4,4016,\ss G° 47$ 8 *.c �4k .pLACE `r 10-118-22- 16 ��ygE`' 'I 1,480 401,*at fad 1+ it -xx »0096 Y 4 $44 AillW lip „to., h it, CK 16 lo ,.4 2-t4-DD.• 10-118-0:14, a 4.7j 11111116.22-22-.1 71 09-118-22w11-0003 op F lir 434% 141111 ,11,,_,,, z : � ,� .:1 ROAD I 09-118-22-14- I 09-118-22-14-0008 09=116-22-14-0007 �O\. ?phi' 17I ROBERT W. CARLSON,JR. February 17, 2003 Eden Prairie City Council 8080 Mitchell Road 23 0 Eden Prairie,i iN `,53�'r4-�l+ �v Re: The Cove 2"d Addition Project Number 2002-11 Dear Council Members: As the property owner of 12535 Beach Circle, I want to voice my objection to the proposed replatting of 6861 and 6871 Beach Road. My wife, Virginia, and I purchased our property with the understanding that the area was platted and we knew the number of residential home that would inhabit the Cove 2"d addition. By allowing this proposed change goes against the guidelines that the current residents purchased under. It would also add stress to our small lake and adds precedent to others who may decide that they would like to subdivide lots. I appreciate the opportunity to express my concern on this issue and it is my hope that the council members will veto this proposed replatting. Re cpRespectfully, 1.(!. Ock,a_v_. o ert W. Carlson, Jr.