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HomeMy WebLinkAboutCity Council - 03/20/2012 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 20, 2012 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop -Heritage Room II I. STRATEGIC PLAN FOR HOUSING & COMMUNITY DEVELOPMENT Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 20, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE/COLOR GUARD III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 6, 2012 B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 6, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. NOTTING HILL by Pulte Homes of MN, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 8.35 acres and Zoning District Change from Rural to R1-13.5 on 9.87 acres, Location: 15640 Pioneer Trail. (Ordinance for PUD District Review with waivers and Zoning District Change) C. EDEN PRAIRIE OFFICE RETAIL by Fendler Patterson. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 3.84 acres and Zoning District Amendment in the I-2 Zoning District on 3.84 acres ; Resolution for Site Plan Review on 3.84 acres. Location: 14675 and 14711 Martin Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) CITY COUNCIL AGENDA March 20, 2012 Page 2 D. JURIS ADDITION by Rehder&Associates. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 14.16 acres and Zoning District Amendment in the C-Reg-Ser Zoning District on 14.16 acres.Location: 12790 Plaza Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment) E. ADOPT RESOLUTION APPROVING FINAL PLAT OF JURIS ADDITION F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR PRELIMINARY DESIGN SERVICES FOR THE SOUTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS G. APPROVE PLANS AND SPECIFICATIONS FOR PRAIRIE CENTER DRIVE WATERMAIN PROJECT H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2012 WATER MONITORING PROGRAM I. ADOPT RESOLUTION CONCURRING WITH HENNEPIN COUNTY PROPERTY REVOCATION J. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR THE NORTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS K. APPROVE JOINT POWERS AGREEMENT WITH MINNETONKA FOR THE NORTHERN SEGMENT OF SHADY OAK IMPROVEMENTS L. ADOPT RESOLUTION ESTABLISHING PRECINCTS AND POLLING PLACES M. ADOPT RESOLUTION DECLARING PROPERTY AS "ABANDONED PROPERTY" N. APPROVE GRANT PROGRAM AGREEMENT FOR CORNERSTONE ADVOCACY SERVICES O. APPROVE FIRST AMENDMENT TO THE GRANT PROGRAM AGREEMENT TO REHABILITATE LUANN'S PLACE,A SENIOR GROUP HOME IX. PUBLIC HEARINGS/MEETINGS A. LAYOUT NO. 1A FOR THE SHADY OAK ROAD (COUNTY ROAD 61) IMPROVEMENTS (Resolution) CITY COUNCIL AGENDA March 20, 2012 Page 3 B. HENNEPIN VILLAGE—SITE B by Toll Brothers. Request for: Planned Unit Development Concept Review on 71.5 acres, Planned Unit Development District Review with waivers on 71.5 acres, Zoning District Change from Rural to R1- 13.5 on 24.37 acres, and Preliminary Plat of 71.5 acres into 52 lots and 3 outlots. Location: 71.5 acres east of Eden Prairie Road and south and west of Riley Creek. (Resolution for PUD Concept Review; Resolution for Preliminary Plat) C. NEW HORIZON ACADEMY by Rylaur, LLC on behalf of Blue Hills Solutions LLC. Request for: Planned Unit Development Concept Review on 1.17 acres, Planned Unit Development District Review with waivers within the Neighborhood Commercial Zoning District on 1.17 acres, and Site Plan Review on 1.17 acres. Location: Southeast corner of Dell Rd&Linwood Ct. (Resolution for PUD Concept Review) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION INACTIVATING THE ARTS AND CULTURE COMMISSION AND ASSIGNING ITS DUTIES TO THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. CHAIR AND VICE CHAIR OF BUDGET ADVISORY COMMISSION XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor's Water Conservation Challenge 2. City Manager's Performance Review B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Accept Art Center Donation—Resolution 2. Accept Grant from the Minnesota Recreation and Parks Foundation for Edible Playgrounds—Resolution E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA March 20, 2012 Page 4 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: March 16, 2012 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 20, 2012 TUESDAY, MARCH 20, 2012 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 6, 2012 B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 6, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-O on the Consent Calendar. A. CLERK'S LICENSE LIST B. NOTTING HILL by Pulte Homes of MN, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 8.35 acres and Zoning District Change from Rural to R1-13.5 on 9.87 acres, Location: 15640 Pioneer Trail. (Ordinance for PUD District Review with waivers and Zoning District Change) ANNOTATED AGENDA March 20, 2012 Page 2 C. EDEN PRAIRIE OFFICE RETAIL by Fendler Patterson. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 3.84 acres and Zoning District Amendment in the I-2 Zoning District on 3.84 acres ; Resolution for Site Plan Review on 3.84 acres. Location: 14675 and 14711 Martin Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) D. JURIS ADDITION by Rehder&Associates. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 14.16 acres and Zoning District Amendment in the C-Reg-Ser Zoning District on 14.16 acres.Location: 12790 Plaza Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment) E. ADOPT RESOLUTION APPROVING FINAL PLAT OF JURIS ADDITION F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR PRELIMINARY DESIGN SERVICES FOR THE SOUTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS G. APPROVE PLANS AND SPECIFICATIONS FOR PRAIRIE CENTER DRIVE WATERMAIN PROJECT H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2012 WATER MONITORING PROGRAM I. ADOPT RESOLUTION CONCURRING WITH HENNEPIN COUNTY PROPERTY REVOCATION J. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR THE NORTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS K. APPROVE JOINT POWERS AGREEMENT WITH MINNETONKA FOR THE NORTHERN SEGMENT OF SHADY OAK IMPROVEMENTS L. ADOPT RESOLUTION ESTABLISHING PRECINCTS AND POLLING PLACES M. ADOPT RESOLUTION DECLARING PROPERTY AS "ABANDONED PROPERTY" N. APPROVE GRANT PROGRAM AGREEMENT FOR CORNERSTONE ADVOCACY SERVICES O. APPROVE FIRST AMENDMENT TO THE GRANT PROGRAM AGREEMENT TO REHABILITATE LUANN'S PLACE,A SENIOR GROUP HOME ANNOTATED AGENDA March 20, 2012 Page 3 IX. PUBLIC HEARINGS /MEETINGS A. LAYOUT NO. IA FOR THE SHADY OAK ROAD (COUNTY ROAD 61) IMPROVEMENTS (Resolution) Official notice of this public hearing was published in the March 8, 2012,Eden Prairie News and sent to 525 property owners. Synopsis: The Public Notice for the Public Hearing was published on March 8, 2012 in the Eden Prairie news. Individual notices were also sent to property owners and tenants along and adjacent to the Shady Oak Road corridor. Layout 1A provides a continuous 4-lane divided roadway with left and right turn lanes on Shady Oak Road. In addition, multi-use trails are provided on both sides of Shady Oak Road for the entire length of the project. Move to: • Close Public Hearing; and • Adopt the Resolution Approving Layout No. 1A for the Shady Oak Road (County Road 61) Improvements B. HENNEPIN VILLAGE—SITE B by Toll Brothers. Request for: Planned Unit Development Concept Review on 71.5 acres, Planned Unit Development District Review with waivers on 71.5 acres, Zoning District Change from Rural to R1-13.5 on 24.37 acres, and Preliminary Plat of 71.5 acres into 52 lots and 3 outlots. Location: 71.5 acres east of Eden Prairie Road and south and west of Riley Creek. (Resolution for PUD Concept Review; Resolution for Preliminary Plat) Official notice of this public hearing was published in the March 8, 2012,Eden Prairie News and sent to 199 property owners. Synopsis: The proposed plan is 52 single family lots on 71.5 acres at a gross density of 1.40 units be acre. The net density is 2.51 units per acre. Waivers from the City Code are required for lot size, lot dimensions, and setbacks. The benefit to the city for granting the waivers is the dedication Outlots A and B (43.18 acres) for park and open space. The City attorney memo provides answers to the following questions. 1. Will the proposed pool and clubhouse on Site B constitute common area available for use by all residents in Hennepin Village? 2. May the City require that the proposed pool and clubhouse be available for use to all residents in Hennepin Village? The answer to both questions is no. Based on information provided, the proposed pool and clubhouse on Site B will not become common area available for use by all residents in Hennepin Village. Further the City does not have the authority to require that the proposed pool and clubhouse be made available to residents outside of Site B. ANNOTATED AGENDA March 20, 2012 Page 4 The City may require by virtue of a development agreement that the developer of Site B construct the pool and clubhouse identified on plans submitted. It is outside of the City's authority to regulate who is allowed to use these amenities. Conditions of approval include. • The developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. • This development will need to participate in improvements to Eden Prairie Road and will require a Special Assessment agreement. • Toll Brothers is obligated to build Prospect Road and finish construction by September 1, 2013. • Toll Brothers is also obligated to make site line improvements to existing Prospect Road based on the recommendations of a memo from Westwood Professional Services dated August 15, 2008. • All construction access must travel north on Eden Prairie Road. Toll Brothers is obligated to maintain the road, and make any required site line improvements, or other minor improvements, as required by the City Engineer. • Provide additional right of way along Eden Prairie Road from approximately Prospect Road northerly to Riley Creek in order to flatten the curve alignments in future Eden Prairie Road improvements. • Dedicate Outlots A and B to the City. The 120-Day Review Period Expires on May 19, 2012. The Planning Commission first reviewed this project at the February 27, 2012 meeting. The hearing was continued to March 12, 2012 with direction for the city attorney to review developer obligations for construction of a pool and clubhouse and providing access to all residents of Hennepin Village. At the March 12, 2012 meeting, the Planning Commission voted 8-0 to recommend approval of the project. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 71.5 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 24.37 acres; and • Adopt the Resolution for Preliminary Plat on 71.5 acres into 52 lots and 3 outlots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. ANNOTATED AGENDA March 20, 2012 Page 5 C. NEW HORIZON ACADEMY by Rylaur, LLC on behalf of Blue Hills Solutions LLC. Request for: Planned Unit Development Concept Review on 1.17 acres, Planned Unit Development District Review with waivers within the Neighborhood Commercial Zoning District on 1.17 acres, and Site Plan Review on 1.17 acres. Location: Southeast corner of Dell Rd& Linwood Ct. (Resolution for PUD Concept Review) Official notice of this public hearing was published in the March 8, 2012,Eden Prairie News and sent to 181 property owners. Synopsis: This is a for a day care facility. The project will require the following PUD waivers: 1. Parking setback from 17.5 feet to 15 feet. This reduced dimension affects one parking space. The average setback m eets the 17.5 feet setback. 2. Sign setback from 20 feet to 3 feet. The sign is proposed on the masonry wall/fence at the northwest corn er of the property. Visually this is better than a 20 foot high pylon sign inside the play area or a 20 foot high pylon sign located further east along Linwood Court. 3. Lot size from 2 acres to 1.17 acres. This is an existing condition. 4. Building height from 30 feet to 31.5 feet. Building height is m easured to the m idpoint of the highest roof The building height is 31.5 feet for the tower. The townhouses to the north have a building height of 40 feet. The 120-Day Review Period Expires on May 19, 2012. The Planning Commission voted 5-0 to recommend approval of the project at the February 27, 2012 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.17 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Neighborhood Commercial zoning district on 1.17acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS ANNOTATED AGENDA March 20, 2012 Page 6 XI. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION INACTIVATING THE ARTS AND CULTURE COMMISSION AND ASSIGNING ITS DUTIES TO THE PARKS, RECREATION & NATURAL RESOURCES COMMISSION Synopsis: This Resolution inactivates the Arts and Culture Commission and transfers its duties to the Parks, Recreation and Natural Resources Commission. City Code § 2.23 Subd. 6 authorizes the City Council by resolution to make a Commission inactive by choosing not to appoint members to such Commission. If the Council makes a Commission inactive it may assign the duties of the inactive Commission to any one of the other Commissions. This Resolution inactivates the Arts and Culture Commission and transfers its duties to the Parks, Recreation and Natural Resources Commission. The Council may subsequently by resolution activate an inactive Commission and thereafter appoint members pursuant to the process set forth in the City Code. MOTION: Move to adopt the Resolution inactivating the Arts and Culture Commission and assigning its duties to the Parks, Recreation and Natural Resources Commission. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. CHAIR AND VICE CHAIR OF BUDGET ADVISORY COMMISSION Synopsis: The Chair and Vice-Chair of the Budget Advisory Commission are appointed by the City Council following the appointment of members to the Budget Advisory Commission. The current chair has requested this change before his term expires. MOTION: Move to appoint Jon Muilenburg— Chair and Rick King—Vice- Chair of the Budget Advisory Commission. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor's Water Conservation Challenge 2. City Manager's Performance Review B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR ANNOTATED AGENDA March 20, 2012 Page 7 C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Accept Art Center Donation—Resolution Synopsis: The Art Center facilitates programs for students ages two through adult; in a variety of visual art mediums such as painting, drawing, fiber, pottery, metal jewelry, fused glass and many more. Thanks to the generosity of an anonymous Art Center member and class participant, the City of Eden Prairie will be able to purchase supplies for the pottery studio which will be used for pottery classes, birthday parties and open studio. The donated funds for pottery studio supplies will reduce our supply cost for various pottery programs, including birthday parties,youth classes and adult workshops. MOTION: Move to adopt the resolution accepting the donation in the amount of $750 from an anonymous donor for the purchase of supplies for the Eden Prairie Art Center pottery studio. 2. Accept Grant from the Minnesota Recreation and Parks Foundation for Edible Playgrounds—Resolution Synopsis: In an effort to combat youth obesity, the Eden Prairie Parks and Recreation Department will develop and implement a new program initiative; Eden Prairie's Fit Kids, partnering with a local elementary school to develop Sustainable Gardens. During the spring planting season, when children are still in school, staff will collaborate with teachers and students to assist in the planting of the garden. During the summer months, the City's playground camps will be incorporated to harvest and maintain the garden. The garden will teach the participants about making healthy food choices and build awareness about healthy food sources grown from gardens. In the fall, the school students will be incorporated back into the program, tending the garden and harvesting the vegetables for consumption. MOTION: Move to adopt resolution accepting the 2012 New Initiatives Grant in the amount of $800 from Minnesota Recreation & Parks Foundation to fund an Edible School Yard Program. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. UNAPPROVED MINUTES I ITEM NO.: VI.A. CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 6, 2012 CITY CENTER 5:00 —6:25 PM, HERITAGE ROOMS 6:30 —7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II I. 20-40-15 PROGRAM Cliff Cracauer, Public Works Superintendent, and Paul Sticha, Facilities Manager gave an update on the 20-40-15 program. The 20-40-15 initiative, which was rolled out in 2006, calls for the City to improve energy efficiency in its facilities by 20 percent and increase the fuel efficiency of its vehicle fleet by 40 percent by 2015. The City's consultant on this project is McKinstry Company. Cracauer reviewed ways in which Fleet Services Division is working toward the 40 percent increase in fuel efficiency. Strategies have included: right-sizing the fleet by not assigning a large truck to an employee who is mainly driving on paved City streets; purchasing more fuel efficient vehicles when they are up for replacement; training employees on more efficient ways of using vehicles; using alternative fuels and renewable energy; and exploring new technologies. So far the fleet has been reduced by 10 vehicles; 14 gas engine pickups have been replaced with B20 diesel compliant vehicles; two administrative vehicles have been replaced with hybrids; 23 vehicles have been fitted with cylinder deactivation; 11 full- size 4 x 4 vehicles have been replaced with compact utility vehicles; and eight full-size pickups have been replaced with compact pickups. Moving forward, Fleet staff will continue to review and evaluate alternative fuel resources and right-size the fleet for optimal performance for intended functions and implement an equipment acquisition and use policy. Cracauer said there is another 12%to go to reach the 40% goal. Sticha reviewed ways in which Facilities Division is working toward the 20 percent improvement in energy efficiency in facilities. Sticha said Facilities projects have been implemented in three phases. The Phase 3 projects were essentially complete by the end of 2011. Sticha explained that a 20 percent increase in energy efficiency actually equates City Council Workshop Minutes March 6, 2012 Page 2 to a 16.7%reduction in energy consumption. As of September 2011, McKinstry reported that the City has achieved a 10%reduction in consumption (or a 12% increase in efficiency), which means we are 60% of the way toward the 20 percent goal. Sticha noted that the McKinstry report does not include savings from City-initiated projects; however, that information will be included in future reports. Sticha listed some of the projects the City has implemented in partnership with McKinstry: • Installation of energy efficient lighting • Vending machine controls • Installation of water saving sinks and showers • Power factor correction • Replacement of aging equipment with more efficient equipment • Installation of a standby generator City-initiated energy efficiency projects include: • Installation of 90+natural gas furnaces • Installation of 90+natural gas and propane water heaters and hot water boilers • Installation of high efficiency condensing units • Modification of heating/cooling/lighting schedules Potential Phase 4 projects include: • Investigating the use of geothermal energy and adding heat exchangers to Rink 2 • Investigating the return on investment for solar panels • Investigating the possibility of using geothermal energy and adding heat exchangers in the larger Community Center building and at the City Center • Converting Rink 2 from Freon to ammonia refrigerant • Incorporating a core loop system with heat exchangers throughout the Community Center • Use of City or well water at the City Center building for geothermal pre-cooling of chilled water equipment Council Member Nelson suggested that staff look into the possibility of using some of the newer wind technologies. She also asked whether or not Xcel Energy has shown any willingness to switch to LED street lights. Public Works Director Robert Ellis said because of financial considerations, Xcel is not yet ready to consider switching to LED. Mayor Tyra-Lukens asked how confident staff is that they can achieve the stated goals of the 20-40-15 program. Both Cracauer and Sticha feel that they have a good chance of coming close to meeting the goals, and that the program is already a success because it has pushed staff to find new ways to implement efficiencies. City Council Workshop Minutes March 6, 2012 Page 3 Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 6, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PROPOSED FRANCHISE FEE ORDINANCE Tyra-Lukens said the City has been struggling with how to get funding for future improvements and maintenance of our streets over the next 20-30 years. Getschow said this is the beginning of the process to get information out on an issue we have studied for over a year now. We will hold neighborhood and town hall meetings to discuss the potential use of franchise fees for capital improvements. Director of Public Works Robert Ellis gave the background for the proposed franchise fees that will be used to maintain streets in good condition. We have had franchise agreements with Xcel and Centerpoint Energy for a number of years. A franchise agreement allows access through City property for the energy companies' right of way and guarantees them the right to do business in Eden Prairie. He said we have not done a franchise fee in the City, but we are considering such fees at this time. Utilities are located under the streets which causes wear and tear to our infrastructure and adds to our street reconstruction costs. There is also less space available for City water, sanitary sewer, and drainage systems, so there is a competition for space with the energy providers. Ellis said we have 225 miles of centerline streets, and the average age of streets in Eden Prairie is 22 years. The average life of asphalt streets is 20 years, or possibly 40 years if they are aggressively maintained. CITY COUNCIL MINUTES March 6, 2012 Page 2 Ellis said the Budget Advisory Commission (BAC)was tasked with solving the problem of funding street rehabilitation. They looked at all the available options such as franchise fees, street lighting fees, tax levy increase and special assessments. The BAC recommended we move forward with franchise fees. He noted franchise fees have ease of administration and implementation and they are fair. With franchise fees the utility companies share in the maintenance costs of the streets in exchange for the benefit they get for their right of way. Ellis said the BAC also recommended going with a flat fee rather than a percentage. A flat fee would provide a stable source of revenue and would be fairer and easier to manage. We have determined the City needs about $2,000,000 annually for street maintenance. The proposed franchise fee ranges from $2.50 for residential customers of gas and electric utilities to $25.00 for large commercial industrial properties. The total franchise fee for residential customers would be $5.00 per month for both electric and gas utilities. Those fees would provide an annual revenue of approximately $2,020,500. Ellis said we want to get the word out and get feedback on the proposed franchise fees. Information will be published in newspapers and City publications and will be posted on the City's website, City blogs and the City's Facebook page. In addition there will be a public open house on Thursday, March 15 at 6:00 P.M. in the Heritage Room. He said the City Council will have first reading of the ordinance on March 20. If first reading of the ordinance is approved, second reading will occur at the April 17 meeting. If the ordinance is approved by the Council, the City would begin collecting revenue in August of 2012. Case thought we should mention that we are looking at a total unfunded amount of $100-$150,000,000 to maintain our City roads in the future. No city has a way to pay for these rebuilds as part of the regular budget. Special assessments hit individual home owners in different and often inequitable ways, and many residents don't like the idea of banking money for street repairs in future years. Tyra-Lukens noted this is not a public hearing and suggested the public give feedback on Facebook, by emails or at the March 15 open house. She said the Council wanted to clarify the subject of funding street maintenance tonight to make it clear what we are talking about. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 21, 2012 CITY COUNCIL MINUTES March 6, 2012 Page 3 MOTION: Nelson moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, February 21, 2012 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 21, 2012 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, February 21, 2012 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD CONTRACT FOR 2012 STREET SWEEPING TO PEARSON BROTHERS,INC. C. APPROVE CONTRACT FOR PROFESSIONAL SERVICES WITH HTPO FOR RILEY LAKE ROAD TRAIL EXTENSION PROJECT D. APPROVE CHANGE ORDER NO. 1 FOR VALLEY VIEW ROAD/PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT MOTION: Case moved, seconded by Nelson, to approve Items A-D on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. JURIS ADDITION by Rehder&Associates. Request for: Planned Unit Development Concept Review on 14.16 acres, Planned Unit Development District Review with waivers and Zoning District Amendment in the C-Reg-Ser Zoning District on 14.16 acres, and Preliminary Plat of 14.16 acres into two lots and road right of way. Location: 127900 Plaza Drive. (Resolution No. 2012-36 for PUD Concept Review; Resolution No. 2012-37 for Preliminary Plat) Getschow said this project is a plat of two lots on the existing Metropolitan Ford site. The lots meet city code for size, dimension, and floor ratio for the existing buildings. The project requires PUD waivers for existing conditions for parking setback from 10—0 feet, wetland structure setback from 15 to 5 feet, and wetland buffer width from 10 to 3 feet. Official notice of this public hearing was published in the February 23, 2012,Eden Prairie News and was sent to 16 property owners. The Planning Commission voted 8-0 to recommend approval of the project at the February 13, 2012 meeting. Greg Gentz, representing Rehder&Associates, said they want to divide the property into two lots. Tyra-Lukens asked if the motivation was to be able to sell off one of the lots. Mr. Gentz said that was correct. CITY COUNCIL MINUTES March 6, 2012 Page 4 There were no comments from the audience. Nelson asked if the waiver for wetland setback is for the lot they plan to redevelop because we might have a different opinion regarding the waiver if that is the case. Jeremiah said the wetland setback issue is on Lot 2 which is already developed as the dealership. Lot 1 does not appear to have any wetland setback issues. Nelson asked if any of the waivers are on the lot that will be redeveloped. Jeremiah said it appears the parking setback is also on the far eastern side of Lot 2. Nelson asked if that would mean the redevelopment would meet all the current requirements. Jeremiah said that was correct. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2012-36 for Planned Unit Development Concept Review on 14.16 acres; and to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 14.16 acres; and to adopt Resolution No. 2012-37 for Preliminary Plat on 14.16 acres into 2 lots and right of way; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS DEDICATED IN EDEN PRAIRIE FORD, LYING WITHIN MENARD 7TH ADDITION (Resolution No. 2012-38) Getschow said this item is directly related to the previous item. The property owners have requested a vacation of drainage and utility easements dedicated in the plat of Eden Prairie Ford as well as other drainage and utility easements affecting the plat of Eden Prairie Ford in order to facilitate the plat of Juris Addition. All of the drainage and utility easements to be vacated fall within currently platted Lot 1, Block 1, Eden Prairie Ford. The property owners would like all these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of Juris Addition. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Juris Addition. Official notice of this public hearing was published in the February 16, 2012,Eden Prairie News and was sent to 9 property owners. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing and to adopt Resolution No. 2012-38 vacating drainage and utility easements dedicated in Eden Prairie Ford, lying within Menard 7th Addition, on Document 1595590 and on Document 3033585, all in Hennepin County, Minnesota. Motion carried 5-0. CITY COUNCIL MINUTES March 6, 2012 Page 5 C. RESOLUTION NO. 2012-39 APPROVING THE USE OF 2012 CDBG FUNDS Tyra-Lukens said CDBG funds are Community Development Block Grant funds that flow from the federal government to cities specifically for human services and housing activities. Getschow said this public hearing is being held to consider the allocation of $243,436 of CDBG funds. He said there are certain requirements with the allocation of funds in terms of where the funding can go, and much of it goes to our Housing and Rehabilitation deferred loan program. The Human Services Review Committee reviews the requests for other funding applications. A representative of Community Action Partnership of Suburban Hennepin (CAPSH) said they are asking for funding to continue their car repair program. The program was started in 2006 and assists people with car repairs. He thanked the Council for their past support. Kitty Engle, representing the HOME program, said they do several different chores for older people who are 60 and above to help them maintain their residences. They recruit volunteers from many organizations to help with many tasks. Last year they increased the number of clients served to 519 from 402 in 2010. She thanked the Council for their consideration and support. Rob Kolar, representing the Southdale YMCA, thanked the Council for their help with scholarships for before and after school child care. Tyra-Lukens asked if the demand for the services is increasing. Mr. Kolar said it is about the same number of kids, but the families'needs are increasing. Tara Heisler, representing PROP, thanked the Council for the past support. She said they served over 136 families in 2011. Marcia Partington, representing Kids Adventure, said they serve the needs of students at Eagle Heights Spanish Immersion School and Oak Point Elementary School. She said the School District voted to extend the pilot program for another year. She thanked the Council for the funding. Tyra-Lukens asked how many students are served. Ms Partington said it is about 192 students. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2012-39 approving the use of 2012 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." CITY COUNCIL MINUTES March 6, 2012 Page 6 XI. ORDINANCES AND RESOLUTIONS A. UNITED HEALTH GROUP by United Health Group. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 68 acres and Zoning District Change from Rural to Office on 68 acres ; Resolution for Site Plan Review on 68 acres. Location: Hwy 62 & Shady Oak Road. (2nd Reading of Ordinance No. 4-2012-PUD-1-2012 for PUD District Review with waivers and Zoning District Change; Resolution No. 2012-40 for Site Plan Review) Case recused himself from the discussions and left the room. Getschow said there is an updated version on goldenrod paper. He noted a lot of work has been done on the development agreement for this project over the past five months. Some changes were made to the landscape plan for additional trees and decorative plantings based on the initial discussion. He said a second reading is typically a consent agenda item, but we decided to take this as a separate item. Dennis Spalla, Senior Director of Development at UHG, said it has been quite a journey over the past several months from concept to proposal, to documents, and to approval. All of the issues were resolved with mutual support, and he commended the City on their excellent staff. It was particularly challenging to get this right, and UHG partnered with the City to do that. He said they want to be a good neighbor and will continue to be a good steward of the land. They believe this project demonstrates their continued commitment to Eden Prairie and to the State of Minnesota. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve 2nd Reading of Ordinance No. 4-2012-PUD-1-3012 for Planned Unit Development District Review and Zoning District change from rural to office on 68 acres; to adopt Resolution No. 2012-40 for Site Plan Review on 68 acres; and to approve the Development Agreement for United Health Group 2012. Motion carried 4-0, with Case recused. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS Getschow said last Tuesday the City Council interviewed 18 people for several different City commissions. The City will host an orientation for commissioners on March 22, and the new terms will begin April 1, 2012. Tyra-Lukens said we had 18 applicants, but there are not enough open positions for all of them to serve. There were some extremely talented people who were offering their skills, and she encouraged people to apply for boards and commissions in the future. CITY COUNCIL MINUTES March 6, 2012 Page 7 Case asked if we can make the appointments to the Parks, Recreation&Natural Resources Commission tonight. We are considering merging that commission with the Arts & Culture Commission and may need an ordinance change to increase the number of members on the commission. Rosow said he understood the number we are appointing was within the limit. Case asked if that meant we will not have to change the ordinance to increase it to ten members. Rosow said the current ordinance allows for up to nine members, and that will be the number serving on the commission after the appointments are made tonight. MOTION: Nelson moved to appoint to the Conservation Commission Stacy Bettison and Sue Brown with terms ending March 31, 2015; Case moved to appoint to the Flying Cloud Airport Advisory Commission Jeffrey Larsen and Benjamin McQuillan as Business Representatives and Joseph Sutila as a Community Representative with terms ending March 31, 2015; Tyra-Lukens moved to appoint to the Heritage Preservation Commission Steve Olson and JoAnn McGuire with terms ending March 31, 2015; Butcher Wickstrom moved to appoint to the Human Rights and Diversity Commission Hans Gustafson and Laura Kaczmarek with terms ending March 31, 2015; Aho moved to appoint to the Parks, Recreation and Natural Resources Commission Cynthia Paulson with a term ending March 31, 2014 and Hutch Coburn, Derek Gunderson and Matthew Kraft with terms ending March 31, 2014; and Aho moved to appoint to the Planning Commission Jerry Pitzrick with a term ending March 31, 2013, and Travis Wuttke, Jacob Lee and Steven Frank with terms expiring March 31, 2015. Case seconded the motion. Motion carried 5-0. B. BOARD OF APPEAL AND EQUALIZATION Getschow said separate action is needed to approve the members of the Board of Appeal and Equalization. This Board is appointed by the City and meets twice a year to review the property assessments on various properties in the City. Four of the applicants are returning members of the Board and Todd Walker will be a new member. MOTION: Butcher Wickstrom moved, seconded by Case, to appoint to the Board of Appeal and Equalization Jim Johnson, Lyndon Moquist, Annette O'Connor, Patricia Pidcock and Todd Walker for the period of April 1, 2012 through May 31, 2012, or until the Board of Appeal and Equalization completes its work. Motion carried 5-0. C. CHAIRS AND VICE CHAIRS OF COMMISSIONS MOTION: Aho moved to appoint Laura Jester—Chair and Greg Olson—Vice Chair of the Conservation Commission; Butcher Wickstrom moved to appoint Jeff Larsen- Chair and Keith Tschohl—Vice Chair of the Flying Cloud Airport Advisory Commission; Tyra-Lukens moved to appoint Ed Muehlberg—Chair and Ed Cindy Evert—Vice Chair of the Heritage Preservation Commission; Case moved to appoint Pam Spera—Chair and Robert Rozanski—Vice Chair of the Human Rights and Diversity Commission;Nelson moved to appoint Geri Napuck—Chair and Hutch CITY COUNCIL MINUTES March 6, 2012 Page 8 Coburn—Vice Chair of the Parks, Recreation and Natural Resources Commission; and Aho moved to appoint Jon Stoltz—Chair and Matt Fyten—Vice Chair of the Planning Commission. Butcher Wickstrom seconded the motion. Motion carried 5- 0. D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION MOTION: Nelson moved, seconded by Case, to appoint Patricia Pidcock—Chair and Lyndon Moquist—Vice-Chair of the Board of Appeal and Equalization. Motion carried 5-0. E. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE APPOINTMENTS Getschow said we have had quite a bit of discussion lately about the progress of the Southwest LRT project. As part of that discussion we have decided to have a revitalization of some groups and committees that will advise the project as it moves forward. The two committees on which residents can serve to advise on the project are the Business Advisory Committee and the Community Advisory Committee. The Business Advisory Committee will be appointed by the Metropolitan Council, and there are several business people from Eden Prairie that will continue to serve on that committee. Getschow said we are being requested to forward recommendations to the Metropolitan Council for individuals to serve on the Community Advisory Committee. Several of the individuals recommended tonight are City commission members. Others have experience with transit. Nelson said we haven't talked about this before,but she had some questions about why we are just including three of our commissions in the recommendations. She would at least like to see representation from the Human Rights & Diversity and Heritage Preservation Commissions. She would like to take an extra two weeks to fill the two at-large positions in order to look at other possibilities to fill the positions. MOTION: Nelson moved, seconded by Case, to postpone the recommendation for the two at-large positions and to look at other possibilities to include some of the other commissions. Tyra-Lukens asked if that would mean we would approve the first six recommendations and the business representative and postpone the two at-large positions. Nelson thought the Heritage Preservation Commission and the Human Rights & Diversity Commission would not have any less to say about light rail transportation than would the Parks &Recreation Commission. Case said he thought Council Member Nelson's ideas make sense,but he asked if there is a reason it ended up the way it did. Getschow said we were somewhat following our previous appointments and past precedents. Also, we were given an extension to today for the appointments, so it is really important to move forward CITY COUNCIL MINUTES March 6, 2012 Page 9 with the recommendations, especially for the six members. They are looking for our recommendations as soon as possible. Case said he didn't know if the gain is that much greater even though Council Member Nelson's suggestion did make sense. Because of the deadline tonight, his preference would be to leave it as it is and make a note to have this discussion prior to the time of the appointments next year. Tyra-Lukens said she was comfortable with what Council Member Nelson said but she also agreed with Council Member Case about moving ahead with it. She thought we might come up with an alternate to the business representative that is on one of the other commissions. Getschow said we have one "to be determined" slot and the business representative could potentially be someone who is on the Human Rights & Diversity Commission or someone who has expressed interest in transit. We could potentially identify the tenth person from one of the other commissions and accomplish some of what Council Member Nelson discussed tonight. Case noted there is no one from the immigrant community on the committee and we have people who are very capable on the Human Rights & Diversity Commission. He thought that might be made a priority to fill the slot. Getschow noted we do have a representative of the immigrant community on the business group. Nelson said she would withdraw the motion if we do try to get a representative from one of the other commissions as the business alternate. Case withdrew his second to the motion. The motion was withdrawn. MOTION: Case moved, seconded by Butcher Wickstrom, to appoint the following members and alternates to the Southwest LRT Community Advisory Committee (CAC) for one year terms: from the Planning Commission, Matt Fyten- -Primary and Jerry Pitzrick--Alternate; from the Parks &Recreation Commission, Derek Gunderson--Primary and Hutch Coburn--Alternate; from the Conservation Commission, Anthony Pini--Primary and Laura Jester--Alternate; At Large Resident, Travis Wuttke--Primary and Sue Brown--Alternate; Business Resident, Patrick Bernal (SuperValu)--Primary and the Alternate to be determined, with the Council's consensus that we look for additional representation from other commissions. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Incident at School Crosswalk--Council Member Case Case said there was an incident last week at the crosswalk for Oak Point students. That is a very dangerous crosswalk and is a unique situation in the Eden Prairie school system. Oak Point school has never been a K-6 school CITY COUNCIL MINUTES March 6, 2012 Page 10 before so it was not as much issue in prior years. He would like to have staff and the Police Department look at the issue along with School District staff to see if there is anything that we might want to do there about safety. Getschow said they will do that. Tyra-Lukens said she wanted to remind people about the Eden Prairie Reads program on March 19 at the International School at 6:00 PM. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Adopt Resolution No. 2012-41 Authorizing Hennepin Youth Sports Grant Program Submission for Miller Park Field Lighting Project Lotthammer said the next three items are very similar and are requests for authorization for us to submit grant applications with the Minnesota Amateur Sports Commission. The grants come from the 20-year program that resulted from the building of the Twins stadium. We have worked with the athletic associations for their ideas. Two of the current requests are for baseball projects at Franlo Park and Staring Lake Park. The first item is for lighting at the Miller Park fields. Staff believes it would be beneficial to submit the application to try to get grant funding for the lighting. If we do not receive the grant money, we do have funding available to complete the improvements. We would defer the project until this fall in order to see if we receive the grant money. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2012- 41 authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Miller Park soccer/football field improvements. Motion carried 5-0. 2. Adopt Resolution No. 2012-42 Authorizing Hennepin Youth Sports Grant Program Submission for Franlo Park Ball Field Improvement Project MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution 2012-42 authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Franlo Park baseball field improvements. Motion carried 5-0. 3. Adopt Resolution No. 2012-43 Authorizing Hennepin Youth Sports Grant Program Submission for Staring Lake Park Cummins Grill Ball Field Improvement Project CITY COUNCIL MINUTES March 6, 2012 Page 11 MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2012-43 authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Staring Lake - Cummins Grill baseball field improvements. Motion carried 5-0. 4. Aquatic Invasive Species Update Lotthammer gave a PowerPoint presentation about aquatic and other invasive species. He said invasive species are things that are not native to Minnesota, that cause environmental harm or harm to human health, and that occur on land or in the water. He said the DNR are the experts on invasive species and are the source of most of our information. A lot of the invasive species are familiar ones, including zebra mussels, gypsy moths, buckthorn, Eurasian water milfoil, and emerald ash borers. We are working to head off zebra mussels. Zebra mussels can attach themselves to things and can be transported from one body of water to another. They can clog pipes, affect boat motors, and generally disrupt the natural environment. He said Lake Minnetonka is infested with them, and that represents a lot of potential infestation of other lakes. The DNR is increasing their education and enforcement efforts and have received more funding to hire people to do inspections and to provide wash stations. Lotthammer said the DNR provides signs about the laws regarding the boating regulations and prepares good literature about the problem of zebra mussels. Leslie Stovring will work with Community Education on this and will add an analysis of the vulnerability of our lakes to the assessment study. We have always staffed the boat launch at Riley Lake and can easily step up the training of our staff to be more specific to the zebra mussel scenario. They can hand out literature and perhaps become certified as Level One inspectors. We are also meeting with the watershed district to help fund the time to do inspections at Riley Lake. Lotthammer said boaters have a responsibility to know the law, and they can be pulled over as they drive down the road to be sure they have followed the law. We are taking positive steps on this issue, as is the DNR, but we still may not prevent an infestation. Aho asked if there is anything that can be done to mitigate zebra mussels once they are in a body of water. Lotthammer said there is no way to eradicate them once there is an infestation. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES March 6, 2012 Page 12 XV. OTHER BUSINESS XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVIEW At 8:15 PM the Council moved to closed session to discuss the City Manager's performance review. XVII. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:50 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Raffle Organization: Eden Prairie Noon Rotary Club 2012 Renewal Licenses Place: Staring Lake Park Date: June 10, 2012 Private Kennel Michael Juntunen Temporary Liquor Organization: Eden Prairie AM Rotary Event: Food& Wine Tasting Date: April 19, 2012 Place: Lincoln Parc Community Room 12100 Singletree Lane Organization: Church of Pax Christi Event: Pastor Farewell Dinner(Leadership) Date: June 19, 2012 Place: Pax Christi Social Hall 12100 Pioneer Trail Organization: Church of Pax Christi Event: Pastor Farewell Event(Parish) Date: June 23, 2012 Place: Pax Christi Social Hall 12100 Pioneer Trail Temporary Beer Organization: Eden Prairie Noon Rotary Club Event: Rib Fest/Festival of Jazz Date: June 10, 2012 Place: Staring Lake Park 14800 Pioneer Trail - 1 - CITY COUNCIL AGENDA DATE: March 20, 2012 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Notting Hill Janet Jeremiah/ Scott Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 9.78 acres; and • Approve the Development Agreement for Notting Hill. Synopsis This is a 20 lot single family subdivision. After completing a site line analysis to potential MAC development for convenience gas, staff is recommending the following approach to screening. 1. Plant 22 additional 12-16 for conifers on the Notting Hill site 2. Require MAC to conform to the requirements of the Airport Commercial Zoning District as identified in the MOU between the MAC and the City of Eden Prairie dated December 7, 2010. • All buildings and pump canopies should have peaked roofs and relate architecturally in scale,proportion, materials and detail, and color with the building. • Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. • All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. • Average horizontal luminance at grade shall not exceed 10 foot-candles, with individual lamps not to exceed 250 watts. The fascias of the canopy should extend at least 12 inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. • Service areas, storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas • A landscape buffer shall be required to provide screening from adjacent residential uses Background Information The 120-Day Review Period Extension on expires on April 17, 2012. Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Summary Ordinance 3. MOU - MAC and Eden Prairie 12-07-10 4. Site line memo 03-14-12 5. Site Line Analysis 03-20-12 6. Site lines to future MAC development 03-20-12 7. Additional tree plantings 03-20-12 8. Development Agreement NOTTING HILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 5-2012-PUD-2-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 Zoning District 5-2012-PUD-2-2012 (hereinafter "PUD-2-20 1 2-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 20, 2012 entered into between Pulte Homes of MN, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2012-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-2012-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2012-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2-2012-R1-13.5are justified by the design of the development described therein. D. PUD-2-2012-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-2-2012-RI-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the l7th day of January, 2012, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of March, 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. EXHIBIT A DEVELOPMENT AGREEMENT - NOTTING HILL Legal Description: That part of the Northwest Quarter of the Southwest Quar ter of Section 21, Township 116 North, Range 22 West of the 5 th Principal Meridian, lying East of the Westerly 663.85 feet, thereof and North of center line of Shakopee Road, EXCEPT the East 300.00 feet of the West 963.85 feet of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota lying Northerly of the center line of County Road No. 1. NOTTING HILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 5-2012-PUD-2-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 15640 Pioneer Trail from the Rural Zoning District to the R1-13.5 Zoning District on 9.87 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. (A full copy of the text of this Ordinance is available from City Clerk.) MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN DEVELOPMENT PROJECTS AT FLYING CLOUD AIRPORT This Memorandum of Understanding ("MOU") is entered into as of the 7th day of December, 2010 between the City of Eden Prairie ("City") and the Metropolitan Airports Commission ("MAC") to establish a mutually agreeable procedure for certain development projects at Flying Cloud Airport. In exchange for all of the commitments in this MOU, MAC and City agree as follows: A. Definition of Development Project. For purposes of this MOU, the term "Development Project" means any development project at Flying Cloud Airport, except any Aeronautical Development Project. An Aeronautical Development Project is any airfield project, hangar project, FBO development project, FBO facility development project, airport roads or fencing, or other facilities or improvements that involve or are directly related to the • operation of aircraft, including activities that make the operation of aircraft possible and safe, or that are directly and substantially related to the movement of passengers, baggage, mail and cargo.) B. Procedure for Development Projects. The following shall apply to all Development Projects: 1. MAC has identified certain properties currently available for a Development Project, which properties are set forth on Exhibit A attached hereto and hereinafter referred to as "the Development Parcel(s)." By mutual written agreement, City and MAC may agree to add additional properties to Exhibit A in the future, which properties shall then be considered by City Council for rezoning to either Airport - Commercial or Airport— Office as specified by MAC and consistent with the terms and conditions of this MOU and the procedures set forth below. 2. Each Development Parcel is guided in City's Comprehensive Guide Plan as "Airport." A Development Project occurring on a Development Parcel is consistent with, and will not require modification of City's Comprehensive Plan. 3. City and MAC desire to agree upon a process by which Development Projects will proceed on Development Parcels. MAC does not agree that City possesses jurisdiction or legal authority to zone the Development Parcels. City maintains that it has the authority to zone non-aeronautical uses on the Development Parcels. City and MAC hereby reserve all rights, remedies, claims, defenses or arguments that each party may possess with respect to this dispute, and nothing in this MOU shall be construed as a waiver, compromise or relinquishment of any such rights, remedies, claims, defenses or arguments by either party. 4. City proposes to bring forth for City Council consideration an amendment to Chapter 11 of the Eden Prairie City Code that establishes new zoning districts for that portion of the City of Eden Prairie guided as Airport in City's Comprehensive Guide Plan (hereinafter referred to as the "New Zoning Districts Amendment"). The new zoning districts are proposed as follows: (1.) Airport - Commercial ("A-C") and (2.) Airport - Office ("A- OFC"). A copy of a proposed ordinance adopting the New Zoning District Amendment is attached as Exhibit C hereto. 5. If the New Zoning District Amendment is adopted, City intends to initiate the process by which it will consider the re-zoning of each Development Parcel to the zone identified on Exhibit B. Written notice of the proposed re-zoning will be provided by City to property owners as required by state law. State law currently requires notice to owners of ' property within 350 feet of a site proposed for zoning. 6. If City re-zones each Development Parcel as set forth on Exhibit B, MAC agrees not to object to City's assertion of itsalleged zoning authority to the extent set forth in this MOU. 7. If the Development Parcels are re-zoned as identified on Exhibit B, the site plan and architectural design review process set forth in City Code Section 11.03, Subd 6 will be followed with respect to any specific Development Project that is proposed to occur on a Development Parcel. An applicant may apply to City for a waiver, amendment, alteration, or variance of any applicable Airport — Commercial or Airport — Office zoning district requirement. No site plan or architectural design review or approval shall be required for an aeronautical use or Aeronautical Development Project on a Development Parcel. 8. City will cooperate with MAC and project developers on provisions for sewer and water services, storm water retention requirements and necessary curb cuts to public streets for development of Development Parcels. Except for improvements made to Development Parcel 3 MAC will pay its share of actual costs for sewer and water services, storm water retention requirements and necessary curb cuts made for a Development Project on a Development Parcel, including engineering, escrow, or permit costs, pursuant to the City's standard policies and subject to any and all rights MAC may have under state law. City and MAC hereby reserve all rights, remedies, claims, defenses or arguments that each party may possess with respect to costs incurred by City for any improvements that are not related to a Development Project, and nothing in this MOU shall be construed as a waiver, compromise or relinquishment of any rights, remedies, claims, defenses or arguments by either party with respect to any special assessment levied by City against the Development Parcels. As to Development Parcel 3 City and MAC agree to apportionment of the costs as set forth on Exhibit D hereto. C. Effectiveness and Termination. This MOU shall be binding upon the parties only if City adopts the New Zoning District Amendment and re-zones the Development Parcels in accordance with Exhibit B. Either party may terminate this MOU immediately at any time upon written notice to the other party as set forth in Section D hereof MAC's obligations to pay for costs incurred by City pursuant to Section B(8)hereof shall survive termination of this MOU. Notice of termination under this Section shall not be subject to the dispute resolution procedures set forth in Section E hereof. D. Notice. Wherever any notice or other communication is required or permitted hereunder, such notice or other communication shall be in writing and shall be delivered by hand, by nationally-recognized overnight express delivery service, by U.S. registered or certified mail (return receipt requested, postage prepaid), or by electronic."fax"transfer(conditioned on prompt telephone confirmation, with copy to follow by regular mail)to the addresses set out below or at such other addresses as are specified by written notice delivered in accordance herewith: • CITY: City of Eden Prairie Attn: City Manager 8080 Mitchell Road Eden Prairie, MN 55436 Telephone: (952) 949-8410 Fax: (952) 949-8589 MAC: Metropolitan Airports Commission Attn: General Counsel 6040 28th Avenue. South Minneapolis, MN 55450 Telephone: (612) 726-8100 Fax: (612) 726-5306 Such notices shall be deemed received (a) as of the date of delivery, if delivered by hand by 4:00 p.m. Central on a business day, (b) as of the next business day, if tendered to an overnight express delivery service by the applicable deadline for overnight service, (c) as of the third business day after mailing, if sent by regular mail, or (d) as of the date of fax transmission, if properly transmitted by fax prior to 2:00 p.m. Central (if transmitted after said time, any such fax transmission shall be deemed received as of the next business day). E. Dispute Resolution. 1. Notice of Default. At no time shall City or MAC be deemed to be in default under, or in breach of, this MOU unless and until the other party has provided written notice to the other specifying such alleged breach or default ("Notice of Default") and such alleged breach or default has not been cured as provided in Paragraph E. 2. below. 2. Right to Cure Default. The party who has received a Notice of Default shall have thirty (30) days in which to cure the alleged breach or default and provide notice to the other party that such alleged breach or default has been cured. 3. Informal Dispute Resolution. Immediately after receipt of a Notice of Default, the Executive Director of MAC and the City Manager of Eden Prairie shall meet and attempt to resolve the matter. 4. Formal Mediation. If the parties fail to resolve the matter informally under Paragraph E. 3 within thirty (30) days, the parties shall submit their dispute to a mediator. The parties shall have ten (10) days to select a mediator. If the parties are unable to agree upon a mediator, the Chief Judge of the 4th Judicial District, Hennepin County, Minnesota, shall select a mediator. The mediation shall be conducted pursuant to the rules generally used by the mediator in the mediator's practice, provided that the entire mediation process be concluded within 30 days of appointment of the mediator, or within such other time as the parties may agree in writing. If the mediation process fails to resolve the matter, both informal and formal dispute resolution shall be deemed to be complete. 5. Costs of Alternative Dispute Resolution. Each party shall bear its own costs of the informal dispute resolution process and formal mediation process described above. The parties shall share equally the fees and expenses of the mediator. 6. Dispute Resolution Process Mandatory. No action shall be commenced in any court to enforce or otherwise apply, interpret, or seek cure for a breach of, this Agreement, excluding an action requesting preliminary or temporary relief, before the completion of the informal and formal dispute resolution process set forth in this Paragraph E. Neither party shall assert, plead, raise, allege, or rely upon the applicable statute of limitations, laches, timeliness, delay, or any other defense based on the passage of time during the dispute resolution process in any subsequent judicial or administrative proceeding. The dispute resolution provisions set forth in this Paragraph E shall apply only to MAC and City, and shall not apply to any successor in interest to either Party. 7. Confidentiality. The alternative dispute resolution process described in this Paragraph E constitutes compromise negotiation for purposes of applicable rules of evidence. Information prepared for or disclosed during the alternative dispute resolution process shall be inadmissible in evidence pursuant to Rule 408 of the Federal Rules of Evidence or Rule 408 of the Minnesota Rules of Evidence, and shall be withheld from disclosure to the maximum extent permissible under the Minnesota Government Data Practices Act and other applicable laws. 8. Waiver of Rights. The failure of either party to object to or to take affirmative action with respect to, any conduct of the other which is in violation of the terms of this • Agreement shall not be construed as a waiver of such violation or breach, or of any future violation, breach or wrongful conduct. Subsequent acceptance of performance - under this Agreement by City or MAC shall not be deemed to be a waiver of any preceding breach by the other Party of the terms of this Agreement, regardless of City's or MAC's knowledge of such preceding breach at the time of acceptance of performance. No waiver or relinquishment of a right or power under this Agreement shall be deemed a waiver of such right or power at any other time, nor shall any failure of either party to require or exact full and complete compliance with any of the covenants or conditions of this Agreement be construed as changing in any manner the terms hereof or preventing either party from enforcing the full provisions hereof. IN WITNESS WHEREOF, MAC and City have signed on the date(s) indicated below, intending to be bound thereby. . MET PO TAN AIRPORTS CO SSION CITY OF 11,1�. I. , ' ' : f By: By:• _ ,_i Name: J Name: Phil Young / Title: E)(e_c --- Title: Mayor Date: J aJ ij 0 Date: l J 7 2D 0 By: 4-. Name: y L amines . Title: Interim City Manager Date: //1-174/O/O • State of Minnesota County of 41 en r-p 1 In This instrument was acknowledged before me on the oZ9 day of Ie.Cnm f-;2010 by 4^e V\C Q Yyj 1 e as the authorized resentative oft Airports Commission. • (Now' al) - p'� C _!�. :, al officer ;: ,, TAMMY LEANN RADER r• If ' 1- d n11 n s‹,4 :,...,,,,,..,,_.....,,,,,,,:�N Public-Minnesotartle(and R } s My commission expire < art , 3), 2015 State of Minnesota County of Hennepin - This instrument was acknowledged before me on the 7th day of December, 2010 by Phil Young and Jay Lotthammer,the Mayor and Interim City Manager res ectively of the City of E n Prairie. (Notary Seal) ,�j ,d. dc4, Si tune of Notarial Officer 4 KATHLEEN A. PORTA City Clerk • 4 .. EDEN PRAIRIE CRY CLERK Title ' �e= . Notary Public-Minnesota Mycommission expires: January 31, 2015 ":, ; ` My Commission Expires Jan 31,?A15 P EXHIBIT A DEVELOPMENT PARCELS • [TO BE COMPLETED FOR EACH DEVELOPMENT PARCEL] Parcel 1 21.57 acres: Insert legal • Parcel 2 38.98 acres: Insert legal Parcel 3 4.28 acres: Insert legal Parcel 4 4.16 acres: Insert legal Parcel 5 1.13 acres: Insert legal Parcel 6 18.59 acres: Insert legal Parcel 7 0.22 acres: Insert legal Parcel 8 3.82 acres: Insert legal EXHIBIT B PARCEL: PROPOSED RE-ZONING OF DEVELOPMENT PARCELS Parcel 1: A-OFC Parcel 2: A-OFC Parcel 3: A-C Parcel 4: A-C Parcel 5: A-C Parcel 6: A-OFC Parcel 7: A-C Parcel 8: A-OFC EXHIBIT C • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA •j ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE; MINNESOTA AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.28 RELATING TO THE CREATION OF AN AIRPORT — COMMERCIAL DISTRICT; ADDING SECTION 11.29 RELATING TO THE CREATION OF AN AIRPORT - OFFICE ZONING DISTRICT; AMENDING CITY CODE SECTION 11.03, SUBDIVISION 1.A. TO ADD THE AIRPORT DISTRICTS TO THE TABLE • • OF DISTRICTS; AMENDING CITY CODE SECTION 11.03, SUBDIVSION 2.A. TO ADD CRITERIA FOR CERTAIN USES IN THE AIRPORT COMMERCIAL AND AIRPORT- OFFICE ZONING DISTRICTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 11, Section 11.03, Subd. 1A. is amended by adding the following districts to the table: DISTRICT TITLE ABBREVIATION Airport—Office A- OFC Airport—Commercial A - C Section 2. City Code Chapter 11, Section 11.03, Subd. 2.A. is amended by adding 11.03 Subd. 2.A.14. as follows: In the A-C District, in the case of a gasoline/convenience store, the following criteria shall apply: (a) All buildings and pump canopies should have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building. (b) Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. (c) All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. (d) Average horizontal luminance at grade shall not exceed 10 foot-candles, with individual lamps not to exceed 250 watts. The fascias of the canopy should extend at least 12 inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. (e) Service areas, storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas (f) A landscape buffer shall be required to provide screening from adjacent residential uses. Section 3. City Code Chapter 11 is amended by adding Section 11.28 which shall read as follows: SECTION 11.28. AIRPORT C—COMMERCIAL DISTRICT Subd. 1. Purposes of Airport C-Commercial. The purposes of the Airport C-Commercial District (A- C) are to: (1) Provide appropriately located areas for retail stores, offices, service establishments, restaurants, business and professional offices and accessory uses, gasoline/convenience stores and amusement establishments; (2) Provide opportunities for retail stores, offices, service establishments, and amusement establishments, to concentrate for the convenience of the public and in mutually beneficial relationship to each other; (3) Provide space for community facilities and institutions that appropriately may be located in commercial areas; (4) Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious fumes, and other hazards. Subd. 2. Permitted Uses in Airport—Commercial District. A. All direct retail sales to users of goods and services conducted within structures and accessory uses, • • including related or supporting office and distribution uses. B. Public facilities and services. Subd. 3. Required Conditions for Airport Commercial. A. Acceptable, approved sanitary sewer service must be provided to all occupied structures and uses. Subd. 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. • Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport — Commercial shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 3. City Code Chapter 11 is amended by adding Section 11.29 which shall read as follows: SECTION 11.29. AIRPORT—OFFICE DISTRICT Subd. 1. Purposes of Airport - Office. The purposes of the Airport - Office District (A-OFC) are to: (1) Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts; (2) Establish and maintain in portions of the City the high standards of site planning, architecture, and landscape design sought by many business and professional offices; (3) Provide adequate space to meet the needs of modem offices, including off-street parking of automobiles and, where appropriate, off-street loading of trucks; (4) Provide space for semi-public facilities and institutions appropriately may be located in office districts; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect offices from the noise, disturbance, traffic hazards, safety hazards, and other objectionable influences incidental to certain commercial uses. Subd. 2. Permitted Uses in Airport—Office District. A. Business and professional offices and accessory uses. B. Supporting commercial sales and services to office users within large office structures of 30,000 square feet or more. The Commercial use is not to exceed fifteen percent, (15%), of the gross Floor Area Ratio. C. Public Facilities and Services. Subd. 3. Required Conditions of Airport - Office. A. All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas. B. Acceptable, approved sanitary sewer service must be provided to all occupied structures. Subd. 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport — Commercial or Airport - Office District shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 6. City Code Chapter 11 is amended by adding Section 11.02, 73 which shall read as follows: 74. "Aeronautical Uses and Aernautical Development Project" - Any airfield project, hangar project, FBO development project, FBO facility development project, airport roads or fencing, or other facilities or improvements at the Flying Cloud Airport that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe, or that are directly and substantially related to the movement of passengers, baggage,mail and cargo. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 7. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 20 , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 20 . Kathleen Porta, City Clerk , Mayor PUBLISHED in the Eden Prairie News on the day of , 20_. P:1Home11610.031-MAC Airport Zoning&Expansion\Documents\MOU-Development120I0 12 02 MOU Draft-Clean by rfr.DOC MEMO: DATE: March 14, 2012 TO: Mayor and City Council FROM: Michael D. Franzen, City Planner SUBJECT: Screening of Potential Convenience-Gas on MAC property BACKGROUND At the January 17, 2012 meeting Council asked staff to evaluate site lines from homes in Notting Hill to a potential convenience gas station on the MAC property to determine if the proposed landscape plan would completely screen the views. FACTS 1. Notting Hill is a 20 unit subdivision located at the NW corner of Mitchell Road and Pioneer Trail. 2. The MAC property is located at the SE corner of Mitchell Road and Pioneer Trail. 3. Homes in Notting Hill have a first floor elevation of 894—901. 4. The assumed first floor elevation of a potential convenience gas station on the MAC property is 891. 5. The assumed location of a potential convenience gas station on the MAC property is at the 35 foot front yard setback from Mitchell Road and Pioneer Trail. 6. The assumed height of the potential convenience gas station is 914 (23ft tall). 7. The future plans for a potential convenience gas station on the MAC property is assumed to be conforming to the convenience gas requirements for Airport Commercial Zoning as stated in the MOU between the City of Eden Prairie and the MAC dated 12-07-2010. 8. The site lines are drawn for lots 3-9,block 2 and lots 7-8 block 3. These homes block the views of other proposed homes in Notting Hill. 9. The assumed site line height of the homes is taken from second story window/person standing on a deck at an elevation of from 910-918. 10. The distance between the nearest home and a potential convenience gas station on the MAC property is 250 feet. 11. The proposed conifer height in the plan is 12 feet, the proposed shade tree height is 15 feet. 12. Conifer trees are planted 15 feet on center. Shade trees planted 30 feet on center. SITE LINE ANALYSIS The proposed landscape plan does not completely screen views of the potential convenience gas station on the MAC property for the following reasons. • The proposed trees are not tall enough. • The proposed trees are too far apart. • There are not enough trees. SOLUTIONS 1. The proposed landscape could be revised to plant a triple row of 40 foot high conifers on the Notting Hill property. This solution is not practical due to availability of large trees and a low success rate for transplanting. 2. Add 22, 12 -16 foot conifer trees on the Notting Hill property according to the attachment. Require MAC to conform to proposed Airport Commercial Zoning as follows; • All buildings and pump canopies should have peaked roofs and relate architecturally in scale,proportion, materials and detail, and color with the building. • Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. • All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. • Average horizontal luminance at grade shall not exceed 10 foot-candles, with individual lamps not to exceed 250 watts. The fascias of the canopy should extend at least 12 inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. • Service areas, storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas • A landscape buffer shall be required to provide screening from adjacent residential uses. '(11,2 . • • , • ` ' j o eiTzh4 Mr GHELL RahQ - r ' • 47,/ . I l • 91i' i Y S ' 1 �y/qp . 89[ • 71! firTGrfe't[. ( Arb PlaNrE T . ' D • 409 '1 - ri�� 1! r p s v • ; 4 Y1 j .r 'i ii r 4� 0 lt2 [s u - ci-- LE_1.t Tzar-0,1?1014-1 i� This.._ - 1 • • , f 1' €1,0 t % } F D . --,"-Q, ----1-''''''.2-1'. . - . -4-. H I ��44 _ i 84anf�: rRr,IL.99f PIO: e-1. f1 q-1— fEoktD • I . l i ! i i - i ! 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I.' --1,---k.°A.L 7.ji _ _,:od It = V2LL{TI} �— --- - __ yr Lyra - -�~ ��'" _ t A gg 1a fS 7 ti = �3' {ZY v \/ s $ t71P i , , i- —, Y by — —�--- — l+ - - r' Do i _ ,....._.._ _ _ p'a.htiri Ack DEVELOPMENT AGREEMENT NOTTING HILL THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of March 20, 2012, by Pulte Horn es of Minnesota, LLC, a Minne sota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE , a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Plumed Unit Development Concept Review on 9.87 acres, Planned Unit Developm ent District Review with waivers on 9.87 acres, Zoning District Change from Rural to R1-13.5 Zoning District on 9.87 acres, and Preliminary Plat of 9.87acres into 20 single-fam ily lots and road ri ght-of-way, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Developm ent Concept Revi ew, Ordinance No. for Planned Unit Development District Review and Zoning DistrictChange from Rural to R1-13.5 on 9.87 acres, and Resolution No. for Prelim inary Plat, Deve loper agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated , reviewed a nd approved by the City Council on ,(hereinafter the "Plans") and identifiTl on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the term s, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use ofthe Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreenent,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City, its electedand appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), dam ages and injunctions re lating to any acts, f ailures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released fromits responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot shall be sold or transbrred to the first intended residential homeowner,nor an agreement entered into to construct a home on any lot within the development unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreenent or an agreem ent to construct a hom e on the lot (whichever corn es first), a disclosure statement in form and substance as attached as Exhibit D hereto regarding the Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer shall require by contractual obligation with its initial purchaser the delivery ofthe disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot(whichever comes first). 6. GRADING, DRAINAGE,AND STORMWA TER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans isconceptual. Prior to the release of a land alteration permit for the Property, Devel oper shall subm it and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shal include all wetland information,including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, storrwater detention areas, and storm water infiltration systems; and any other item s required by the application for and release of a land alte ration permit. All design calculations for storm water quality and quantity together with a drainage area m ap shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are f unctioning in accordance with the approved plans. Developer shall employ a design professi onal to prepare a Storm water Pollution Prevention Plan (SWPPP). The design professional shall monitor construction for conformance to the approved final gradingplan and Stormwater Pollution Prevention Plan. The design professional shall provi de a final report to the City certif ying completion of the grading in conform ance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all nnnitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins , Stormwater Infiltration or Filtration Systems(such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretenti on systems or infiltration trenches) or Underground Systems(such as media filters,underground sand filters,underground vaults,sedimentation chambers,underground infiltration systems,pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer and or Owner during construc tion and for a m inimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accum ulation of sediment are not occurring, and thereafterby the Owner of the Property. A Planting Plan for the Stormwater Facilities (where appropriate) must be submitted prior to release of the first building permit for the Development Developer shall employ a design professi onal to prepare a Storm water Pollution Prevention Plan (SWPPP) to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual" dated Novem ber 2005, the approved final grading plan and the requirem ents listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. All Stormwater Infiltration Systems shall be delineated with erosion contrd fencing prior to construction. All Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be stored or allowed in tit areas designated for sbrmwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept f ree of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be rem oved as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. Parking lots and drive lanes that drain to any Stormwater Facilities shall be swept at least weekly during construction anddr frequently if necessary to minimize sediment accumulation within the facilities. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include regular sweeping of private streets ,parki ng lots or drive aisles; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants;maintenance of approved vegetation; re-nulching of void areas; replanting or reseeding areas where dead or diseased plants were rem oved; and rem oval of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for maintenance or replacement. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) : Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best m anagement practices to be utilized within the Project. Prior to release of the grading bond, Developer shall com plete implementation of the approved SWPPP. 7. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of eachresidential building permit for the Property, Developer shall subnit to the City Building Official, and obtain the City Building Official's written approval of pl ans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels, depicted in the Metropolitan Council's 2030 Traiportation Policy Plan,Appendix M: land Use Compatibility Guidelines for Aircraft Noise,November 2010. 8. PUBLIC STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% o$he cost ofsaid improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspec tion, certify com pletion in conform ance to approved plans and specifications and provide record drawings. 9. PUD WAIVERS GRANTED: The city hereby grants thefollowing waivers to City Code requirements within the R1-13.5 Zoning Dist rict through the Planned Unit Developm ent District Review for the Property and in corporates said waivers as part of PUD Lot Size Less than 13,500 square feet Lot 1, Block 1 - 13,378 sq ft. Lot 2, Block 1 - 12,959 sq ft. Lot 1, Block 3 — 13,093 sq ft. Lot 7, Block 3 — 13,379 sq ft. Front Yard Setback Less than 30 feet Lot 1, Block 1 —20 ft. Lot 2, Block 1 —25 ft. Lot 1, Block 3 —20 ft. north side Lot 1, Block 3 —20 ft. west side Lot 2, Block 3 —20 ft. Lot 3, Block 3 —25 ft. Lot 4, Block 3 —25 ft. Lot 5, Block 3 —25 ft. Lot Frontage Less Than 95 feet Lot 3, Block 1 —90 ft. 10. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any perm it for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to issuance by City of any permit for grading or building on the Property, Developer shall complete the demolition and rem oval of existing septic system s and wells on the Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$1,000.00 to guarantee that Developeicompletes implementation of the approved plan. The city shall return to Develope r the $1,000.00 deposit at such tim e as the Chief Building Official has verified in writing thatthe Developer has completed implementation of the approved plan. 11. RETAINING WALLS: Prior to issuance by the City of any perm it for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the ChiefBuilding Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. Al retaining walls shall be privately owned and maintained. These plans shall include details with respect tcthe height, type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the term s and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 12. SIDEWALK CONSTRUCTION: Prior to issuance by City of any building permit on the Property,Developer shall submit to the Engineering Division detailed plans for sidewalks to be constructed on the Property. Prior to release of any portion of the final plat, Developer shall convey to the city easem ents for such sidewalks and trails in such locations as determined by the City. Sidewalks shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located adjacent to the cul-de-sac on Corral Lane as depicted in the Plans. 13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the formand substance as attachedin Exhibit E,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 8.59 acres in the amount of$58,622.15. 14. TREE LOSS - TREE REPLACEMENT: There are 2,017 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 1,128 diameter inches. Tree replacement required is 839 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall subnit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 839 caliper inches. This approved plan shall include replacenent trees of a 3-inch diameter minimum size for a shade tree and a 7-foot m inimum height for c onifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a revised tree replacement plan with 22 additional 12-16 foot high conifers as shown on Exhibit F. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreenrnt have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Pulte Homes of Minnesota, LLC By By Its Nancy Tyra-Lukens Its Mayor By By_ Its Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by , the , of , a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT -NOTTING HILL Legal Description Before Final Plat That part of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22 West of the 5th Principal Meridian, lying East of the Westerly 663.85 feet, thereof and North of center line of Shakopee Road, EXCEPT th East 300.00 feet of the Vest 963.85 feet of the Northwest Quarter of the Southwest Quarter ofSection 21, Township 116 North, Range 22 Wst of the 5th Principal Meridian,Hennepin County, Minnesotalying Northerly of the center line of County Road No. 1. Legal Description After Final Plat Lots 1 - 3, Block 1; Lots 1 - 9, Block 2; and Lots 1 — 8, Block 3, NOTTING HILL, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT -NOTTING HILL PLANS Sheet 1 of 6 - Preliminary Plat dated 12-19-11 by Otto Associates Sheet 2 of 6 - Preliminary Utility Plan dated 12-19-11 by Otto Associates Sheet 3 of 6 - Preliminary Street& Storm Sewer Plan dated 12-19-11 by Otto Associates Sheet 4 of 6 -Preliminary Grading& Erosion Control Plan datedl2-19-11 by Otto Associates Sheet 5 of 6—Existing Tree Inventory dated 12-19-11 by Otto Associates Sheet 6 of 6—Tree Preservation Plan dated 10-05-11 by Otto Associates Sheet LP1.01 —Preliminary Landscape Plan dated 01-06-12 by Margolis Company Sheet LP 1.02—Residential Screening Plan for Future M.A.C. Development EXHIBIT C DEVELOPMENT AGREEMENT -NOTTING HILL I. Prior to release of any building perm it, Developer shall submit to the City Engineer f or approval two copies of a development plan(1" =100'scale) showing existing and proposed contours,proposed streets, and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributar y areas to catch basins, arrows showing direction of storm water flow onall lots,location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recom mendations of said Watershed District. III. Developer shall pay cash park fees as tcall of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four(24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-f act for the sole pur pose and right to am end Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the tim e of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat pproval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, em ployed, deposited, stored, disposed of,placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contam inant, including, but not lim ited to, those defined in or pursuant to 42 U.S.C. §9601,et. seq., or Minn. Sit., Sec. 115B.01, et. seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, em ploy, deposit, store, dispose of,place or otherwise have, in oron the Property, anyHazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of,placed or otherwise allowe d in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, danige and expense,including reasonable attorneys fees and costs that the City incurs b ecause of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of,placed, or otherwise locat ed or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations, ofihe City Code and other applicable City ordinances affecting the developm ent of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release ofthe final plat,Developer shall pay to City fes for the first three (3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall f ollow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of C ity performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision m ade herein, City m ay be without an adequate rem edy at law. Developer agrees, therefore, that in the eventDeveloper violates,fails, or refuses to perform any covenant, condition, or provision m ade herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building perm its or rescind or revoke any approvalsgranted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or rrnre remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior tothe commencement ofany improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department,including; Building permit fee,plan check fee, State surcharge, metro system access charge (SAC), City SA C and City water access charge (W AC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic system s (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building locati on and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all require ments listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to co mply with any term, condition, covenant or agreement herein shall subject the City to liability f or any claim for damages, costs or other f inancial or pecuniary charges.No execution on any claim,demand,cause of action or judgnent shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XIX. Within 10 days of the approval of the Devebpment Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of fiing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option,but not the obligation, to corn plete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaultswith respect to any tam or condition in this Agreement for which Security is required and fails to cure such default(s) within ten(10) days after receipt of written nctice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and isdiligently pursuing such cure. The Developer acknowledges that the City does not assunc any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5)business days notice to the Developer,for any violation of the tern of this Agreement or if the Security is allowed to lapse prior to theend of the required term If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not thn been renewed,replaced or otherwise extendJl beyond the expiration date, the City m ay also draw down or m ake a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enf orcing this Agreement. XXI. The Developer hereby grants the City, it's ag ents, employees, officers and contractors a license to enter the Property to perfirm all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-part'beneficiary of the Agreement or of any one or more of the tenth hereof, or otherwise giverise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT -NOTTING HILL NOTTING HILL DISCLOSURE OF INFORMATION Developer shall cause the following notice to be giren,either from Developer itself or Developer's successors in interest to any portion of the Propertyro all residential home purchasers of lots within the Property who intend to occupy a residence on su ch lot,prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property, whichever occurs list: The Property is located near Flying Cloud Airport, a public use airport owned and operated by the Metropolitan Airports Commission.The Airport is available 24 hrs a day, year round. The Airport operates two parallel east/west rinways,and a north/south crosswind runway, all of which are lighted. An FAA control tower manages air traffic near the airport from 7:00 am— 10:00 pm. The Airport accommodates aircraft operations from single and multi-engine propeller aircraft; corporate jet aircraft;helicopters; and pilot training facilities; which may affect the Property. Further information regarding the airport can be obtained fromthe Office of the Airside Project Manager, Telephone No.: 612-725-8371. The following statement is taken from the Metropolitan Airports Commission letter to the City dated January 1, 2012: "The purpose of this letter is to affirm the Metropolitan Airport Commission's (MAC) continuing concern that future residents of the proposed Notting Hill development are fully cognizant of the proximity of the proposed developm ent to Fl ying Cloud Airport, and aware of the activities conducted at Flying Cloud Airport. First, the MAC has prelim inary plans to develop its property at the corner of Pioneer Trail and Mitchell Road for future retail or commercial uses and has communicated these plans with the City of Eden Prairie. The MAC is working with the city regarding the necessary and appropriate planning and zoning process for this development. The developer of the Notting Hill site, Pulte Horn es of Minnesota,LLC and future residents, should be awe of the MAC proposed plan for development. Second,as the City is well aware, aircraft operat ns at the Flying Cloud Airport have declined over the past number of years, however, this trend rray not continue into the future.The Notting Hill site is adjacent to daytime and nighttime flight paths which have been previously reviewed by the city and evaluated as part of an Environmental Review Process. Additionally, Pulte Homes of Minnesota, LLC is proposing a new subdivision and requesting a zoning change from Rural to R1-13.5 which will increase the residential density to accammodate the 20 new single family homes directly under the flight path for Runway 10L/28R. Although the Notting Hill area is beyond the federallydefined noise area, the proposed residential units may be beneath and/or adjacent to aircraft fight paths and residents should expect to both see and hear aircraft. Since this is a potential new dwelopment,there should be no future expectations, now or in the future,that MAC will provide noise mitigation for this new residential development area. As MAC and the city have discussed and collectively agreed on several occasions, it is essential that new residents are aware of the inportant role that the Flying Cloud Airport serves in the cormunity, as well as its operational activity and proximity to their new home prior to completing their home buying process." EXHIBIT E DEVELOPMENT AGREEMENT -NOTTING HILL AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2012,between the City of Eden Prairie, a municipal corporation, (the "City")and a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to property described as Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the properly in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the anuunt of $58,622.15 for the Improvements. 2. The City's assessment records for the Property will show the assessnents as a"pending assessment"until levied. 3. The Owner waives notice of any assessm ent hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to theProperty by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the anent or validity of the assessments, or the procedures used by the City in apportioning the assessm ents and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however uponthe levying ofthe special assessments contemplated by Paragraph 1 hereof the City nay upon request of the owner of th property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the anmunt of$58,622.15 until such time as the assessments referred to above are levied. OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2012, by Nancy Tyra-Lukens,the Mayor,and Rck Getschow,the City Manager,of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2012, by the , a Minnesota ,on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 . \>/--,, i,- li a _ my,/ L I k u . I 41t ,i \\ k 992 � I 171 • 1. f0q4 L..1r:09.' A fI I ice#—,..7{T !- _ -i ---- b . 1 ir,„,1 alidi it igo • 1 c,�.�. ; i 11 . - ` j R it 1 �/ i%fridq' I ` I.1 1 1 y I 1 1 LJI• : -J 1: .64 N •:: :1:7111010p 4. :9 — 7 N'''r 7, -L=1---I'A.' ''' '' (1.-(1) 41:MX CO / ,.. /4 i''\,__.-_a a-111. ItirtOlialatIA67 1 Alllilif.-'7-I"jill° Si . p,..'6... . '`• .."'" . , ./ • e_ 1. a �~ f 6DDtr1aP L TREE P p INei CITY COUNCIL AGENDA DATE: March 20, 2012 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Eden Prairie Office Retail— Janet Jeremiah Appliance Smart Requested Action Move to: • Approve 2nd Reading of the Ordinance for P lanned Unit Development District Review and Zoning District Amendment in the I-2 Zoning District; and • Adopt a resolution for Site Plan Review; and • Approve the Development Agreement for Ed en Prairie Office Retail—Appliance Smart. Synopsis This is approval of the development agreement to accommodate Appliance Smart in the existing building and permit the construction of a 17,600 square foot building. The 120-Day Review Period Expires on April 26, 2012. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution Site Plan Review 4. Development Agreement EDEN PRAIRIE OFFICE RETAIL-APPLIANCE SMART CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 6-2012-PUD-3-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the I-2 Zoning District 6-2012-PUD-3-2012 (hereinafter "PUD-3-2012-I-2). Section 3. The City Council hereby makes the following findings: A. PUD-3-2012-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2012-I-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-3-2012-I-2are justified by the design of the development described therein. D. PUD-3-2012-I-2 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 20, 2012 entered into between Martin Drive LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-3-2012-I-2, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the I-2 District and shall be included hereafter in the Planned Unit Development 3-2012-1-2, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of February, 2012, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of March, 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. EXHIBIT A Existing Legal Description: Lot 3 Block 4 Edenvale Industrial Park Lot 4, Block 4 Edenvale Industrial Park Proposed Legal Description: Lot 1, Block 1, Eden Prairie Office EDEN PRAIRIE OFFICE RETAIL APPLIANCE SMART CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 6-2012-PUD-3-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 14675 and 14711 Martin Drive within the I-2 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PRAIRIE OFFICE RETAIL—APPLIANCE SMART BY MARTIN DRIVE LLC WHEREAS, Martin Drive LLC, has applied for Site Plan approval of Eden Prairie Office Retail—Appliance Smart to remodel an existing building and construct 17,600 sf building,by an Ordinance approved by the City Council on March 20, 2012; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 13, 2012 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its February 21, 2012 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Martin Drive LLC, based on the Development Agreement between Martin Drive LLC and the City of Eden Prairie, reviewed and approved by the City Council on March 20, 2012. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT EDEN PRAIRIE OFFICE RETAIL APPLIANCE SMART THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of March 20, 2012,by Martin Drive LLC, a limited liability company,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 3.84 acres, Planned Unit Development District Review with waivers on 3.84 acres and Zoning District Amendment in the I-2 Industrial Zoning District on 3.84 acres, Site Plan Review on 3.84 acres, Preliminary Plat on 3.84 acres into lot, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Developm ent Concept Revi ew, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Amendment in the I-2 Industrial Zoning District, Resolution No. for S ite Plan Review, and Resolution No. for Preliminary Plat, Developer agrees toconstruct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated February 21, 2012, review ed and approved by the City Council on Februrary 21, 2012, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the term s, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use ofthe Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City, its electedand appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), dam ages and injunctions re lating to any acts, f ailures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released fromits responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Plannei written approval of a plan depicting exteior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy perm it for the Property, Developer shall corn plete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE,AND STORMWA TER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans isconceptual. Prior to the release of a land alteration permit for the Property, Devel oper shall subm it and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shal include all wetland information,including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stornavater detention areas, and storm water infiltration systems; and any other item s required by the application for and release of a land alte ration permit. All design calculations for storm water quality and quantity together with a drainage area m ap shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are f unctioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall nrnitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all m onitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins , Stormwater Infiltration or Filtration Systems(such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretenti on systems or infiltration trenches) or Underground Systems(such as media filters,underground sand filters,underground vaults,sedimentation chambers,underground infiltration systems,pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer and or Owner during construc tion and for a m inimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accum ulation of sediment are not occurring, and thereafterby the Owner of the Property. A Planting Plan for the Stormwater Facilities (where appropriate) must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Storm water Facilities f or conformance to the Minnesota Pollution Control Agency publication entitled"State ofMinnesota Storm water Manual" dated Novem ber 2005, the approved final grading plan and the requirements listed herein. All inspections of underground system s shall be performed by personnel that have approved OSHA confined space training. All Stormwater Infiltration Systems shall be delineated with erosion contrd fencing prior to construction. All Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be stored or allowed in tit areas designated for sbrmwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept f ree of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be rem oved as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. Parking lots and drive lanes that drain to any Stormwater Facilities shall be swept at least weekly during construction anddr frequently if necessary to minimize sediment accumulation within the facilities. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include regular sweeping of private streets ,parki ng lots or drive aisles; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants;maintenance of approved vegetation; re-nulching of void areas; replanting or reseeding areas where dead or diseased plants were rem oved; and rem oval of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for maintenance or replacement. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) : Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best m anagement practices to be utilized within the Project. Prior to release of the grading bond, Developer shall com plete implementation of the approved SWPPP. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that wter is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy perm it for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner$written approval of a final landscapeplan for the Property depicting a total of 153 caliper inch es. The approved landscape plan shall be consistent with the quantity, type, and size of plant mterials shown on the landscape plan on the Plans. Developer shall furnish to the CityPlanner and receive the City Planner§written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy perm it for the Property, Developer shall corn plete implementation of the approved landscape planin accordance with theterms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall subm it to the City Planner, and receive the City Planner' s written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "m echanical equipment" includes gas m eters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Securityto guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discrtion,that the constructed screening does not met the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner sha 11 notify Developer and Developer shall take corrective action to reconstruct the m echanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. PUD WAIVERS GRANTED: The city hereby grants thefollowing waivers to City Code requirements within the I-2 District through tit Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): Existing Building • Increase in permitted retail from 15%to 48%. • Decrease in required parking from 144 to 45 spaces. • Front yard setback from 50 feet to 15 feet. • Side yard setback from 20 feet to 19.8 feet. • Permitting a wall sign not on a street frontage. Proposed Building • Increase in permitted retail from 15%to 100%. 11. RETAINING WALLS: Prior to issuance by the City of any perm it for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the ChiefBuilding Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect tithe height, type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the term s and conditions of Exhibit C, attached hereto,prior to issuance of any occupancy permit for the Property. 12. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval ofan application for a sign permit. The application shall include a complete description of the sign and a sket ch showing the size, location, the m anner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any suchsign, consistent with the sign plan shown on the Plans and in accordance with the requirrnents of City Code, Section 11.70, Subdi'rsion 5a. 13. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner' s written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 14. TREE LOSS - TREE REPLACEMENT: Prior to the issuance of any grading permt for the Property, Developer shall subm it to the City Forester and receive the City Forester' s written approval of a tree replacement plan for 160 caliper inches. This approved plan shall include replacement trees of a 3-inch dianmter minimum size for a shade tree and a 7-foot m inimum height for c onifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's appoval of a tree replacenent bond equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreenent have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By_ Its Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by , the , of , a Minnesota , on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT - EDEN PRAIRE OFFICE RETAIL APPLIANCE SMART Existing Legal Description: Lot 3 Block 4 Edenvale Industrial Park Lot 4, Block 4 Edenvale Industrial Park Proposed Legal Description: Lot 1, Block 1, Eden Prairie Office EXHIBIT B DEVELOPMENT AGREEMENT - EDEN PRAIRE OFFICE RETAIL APPLIANCE SMART 1. Cover sheet, dated December 16, 2011, by MFRA 2. Existing Conditions, dated December 16, 2011,by MFRA 3. Demolition Plan, dated December 16, 2011,by MFRA 4. Site Plan, dated December 16, 2011,by MFRA 5. Grading Plan, dated December 16, 2011, by MFRA 6. Erosion and Sediment Control Plan Phase 1, dated December 16, 2011, by MFRA 7. Erosion and Sediment Control Plan Phase 2, dated December 16, 2011, by MFRA 8. Erosion and Sediment Control Notes, dated December 16, 2011, by MFRA 9. Utility Plan, dated December 16, 2011, by MFRA 10. Site Lighting Plan, dated December 16, 2011, by MFRA 11. Constructions Details, dated December 16, 2011, by MFRA 12. Tree Preservation Plan, dated December 16, 2011,by MFRA 13. Tree and Ground Cover Plan, dated December 16, 2011, by MFRA 14. Shrub Plan, dated December 16, 2011, by MFRA 15. Existing Floor Plan, dated December 16, 2011, by DJR 16. Proposed New Building Floor Plan, dated December 16, 2011,by DJR 17. Exterior elevations, dated December 16, 2011, by DJR EXHIBIT C DEVELOPMENT AGREEMENT - EDEN PRAIRE OFFICE RETAIL APPLIANCE SMART I. Prior to release of any building perm it, Developer shall submit to the City Engineer f or approval two copies of a development plan(1" =100'scale) showing existing and proposed contours,proposed streets, and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributar y areas to catch basins, arrows showing direction of storm water flow onall lots,location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recom mendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four(24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. V. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-f act for the sole pur pose and right to am end Exhibit A hereto to identify the legal description of the Property after platting thereof. VI. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the tim e of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat gnproval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, em ployed, deposited, stored, disposed of,placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contam inant, including, but not lim ited to, those defined in or pursuant to 42 U.S.C. §9601,et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, em ploy, deposit, store, dispose of,place or otherwise have, in oion the Property, anyHazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of,placed or otherwise allo wed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, darrige and expense,including reasonable attorneys fees and costs that the City incurs b ecause of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of,placed, or otherwise locat ed or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations, o$he City Code and oher applicable City ordinances affecting the developm ent of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Prior to release of the finalplat,Developer shall pay to City fees for the first three (3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall f ollow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of C ity performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision m ade herein, City m ay be without an adequate rem edy at law. Developer agrees, therefore, that in the eventDeveloper violates,fails, or refuses to perform any covenant, condition, or provision m ade herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building perm its or rescind or revoke any approvalsgranted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or rime remedies shall not constitute a waiver of any other remedy. XI. Developer shall,prior tothe commencement ofany improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department,including; Building permit fee,plan check fee, State surcharge, metro system access charge (SAC), City SA C and City water access charge (W AC), and park dedication. Contact Metropolitan Wtste Control to determine the number of SAC units. XIII. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic system s (if present) shall be properly abandoned or removed as required by City ordinance and all perm its obtained through the Inspections Department. XIV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building locati on and all proposed streets,with approved street names, lot arrangements and property lines. XV. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all require ments listed in this Exhibit C have been satisfactorily addressed by Developer. XVI. No failure of the City to co mply with any term, condition, covenant or agreement herein shall subject the City to liability f or any claim for damages, costs or other f inancial or pecuniary charges.No execution on any claim,demand,cause of action or judgnent shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XVIII. Within 10 days of the approval of the Devebpment Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of fiing of the Development Agreement is submitted to the City. XIX. The City is hereby granted the option,but not the obligation, to com plete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaultswith respect to any tam or condition in this Agreement for which Security is required and fails to cure such default(s) within ten(10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and isdiligently pursuing such cure. The Developer acknowledges that the City does not assure any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5)business days notice to the Developer,for any violation of the terns of this Agreement or if the Security is allowed to lapse prior to thernd of the required term If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not thn been renewed, replaced or otherwise extendcl beyond the expiration date, the City m ay also draw down or m ake a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enf orcing this Agreement. XX. The Developer hereby grants the City, it's ag ents, employees, officers and contractors a license to enter the Property to perbrm all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-park beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise giverise to any cause of action for any person not a party hereto. OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN KADA Associates,LLC, AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of March 20. 2012, by and between KADA Associates, LLC, an Illinois limited liability company, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For,and in consideration of, and to induceCity to adopt Resolution No. Resolution No. for Planned Unit Development Concept Review,Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Am endment in the I-2 Zoning District Resolution No. for Site Plan Review, an kesolution No. for Pieliminary Plat,as more fully described in that certain Developm ent Agreement entered into as of March 20, 2012, by and between , a Minnesota ,and City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If , fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning Amendment in the I-2 District Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By Its Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 20th day of March, 2012, by Nancy Tyra-Lukens and Rick Getschow, respectivelythe Mayor and the City Manager of the (iIy of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrum ent was acknowledged before m e this day of , 2012, by , the of , an , on behalf of the company. Notary Public EXHIBIT A - OWNERS SUPPLEMENT KADA Associates, LLC, Existing Legal Description: Lot 3 Block 4 Edenvale Industrial Park Lot 4, Block 4 Edenvale Industrial Park Proposed Legal Description: Lot 1, Block 1, Eden Prairie Office CITY COUNCIL AGENDA DATE: March 20, 2012 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Development/Planning Juris Addition Janet Jeremiah/Scott Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Un it Development District Review with waivers, and Zoning District Amendment in the C-Reg-Ser Zoning District on 14.16; and • Approve the Development Agreements for Juris Addition; and • Approve and Authorize Issuance of a Grad ing Permit for Juris Addition, subject to release by the City Engineer upon determ ination that the final contract docum ents conform to plans stamp dated January 27, 2012, as approved by the City Council. Synopsis This is final approval of the plans and Development Agreements for a subdivision of one lot into two lots. Background Information The 120-Day Review Period Expires on May 25, 2012 Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Development Agreement—TMG I, LLC 4. Development Agreement—CP Eden Prairie RE Holdco LLC JURIS ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-2012-PUD-4-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the C-REG-SER Zoning District 7-2012-PUD-4-2012 (hereinafter "PUD-4-2012-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-4-2012-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2012-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-4-2012-C-REG-SER are justified by the design of the development described therein. D. PUD-4-2012-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 20, 2012, entered into between TMG I, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-4-2012-C-REG-SER, and are hereby made a part hereof and The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 20, 2012, entered into between CP Eden Prairie RE Holdco LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-4-2012-C-REG-SER, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the C-REG-SER Zoning District and shall be included hereafter in the Planned Unit Development 4-2012-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of March, 2012, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of March, 2012. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. EXHIBIT A PUD Legal Description — Juris Addition Lot 1, Block 1, EDEN PRAIRIE FORD JURIS ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 7-2012-PUD-4-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 12790 Plaza Drive within the C-Reg-Ser Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. (A full copy of the text of this Ordinance is available from City Clerk.) 4TH SUPPLEMENT TO DEVELOPER'S AGREEMENT JURIS ADDITION THIS SUPPLEMENT TO AGREEMENT, made and entered into as of March 20, 2012, by TMG I, LLC, a Minnesota limited liability company, hereinafter referred to as "Developer" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, the City and the predecessors in interest to the Developer entered into a Developer's Agreement dated October 1, 1991, between Denwal Management and Denwal Realty and the City of Eden Prairie for Eden Prairie Ford, (hereinafter the "Developer's Agreement"); as amended by that certain supplement to Developer's Agreement dated June 16, 1992, between Denwal Management and Denwal Realty and the City of Eden Prairie (hereinafter the "Supplement to Developer's Agreement"); as further amended by that certain supplement to Developer's Agreement dated July 20, 1993, between Eden Prairie Auto Properties, a Minnesota General Partnership, and the City of Eden Prairie, (hereinafter the "Supplement to Developer's Agreement 1993"); as further amended by that certain supplement to Developer's Agreement dated November 1, 1994, between Eden Prairie Auto Properties, a Minnesota General Partnership and the City of Eden Prairie, (hereinafter the "Supplement to Developer's Agreement 1994"); (hereinafter collectively referred to as the Amended Development Agreement ."). WHEREAS, the Developer has entered into a purchase agreement with CP Eden Prairie RE Holdco LLC ("Seller")to purchase a portion of the property affected by the foregoing which portion after replatting is to be known as Lot 1,Block 1, Juris Addition; WHEREAS, the Seller has applied to the City for Planned Unit Development Concept Review, Planned Unit Development District Review with waivers, Zoning District Amendment within the Commercial Regional Service Zoning District, and Preliminary Plat into 2 lots and right-of-way, all on 14.16 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, with said 14.16 acres hereinafter referred to as "the Amended Area"; WHEREAS, the parties desire to amend the Amended Development Agreement for that portion of the property legally described on Exhibit A and identified on Exhibit B both attached hereto and made a part hereof, with said 4.68 acres hereinafter referred to as "the Property" NOW, THEREFORE, in consideration of the City adopting Resolution No. for PUD Concept Review,Ordinance No. for PUD District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District, and Resolution No. for Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of the Amended Area as follows: 1. PLANS: The Plans do not identify any development on the Property. Developer shall maintain the existing condition the Property in conformance with the materials revised and stamp dated January 27, 2012, reviewed and approved by the City Council on March 6, 2012, (hereinafter the "Plans")and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DRIVEWAY REMOVAL: Developer shall completely remove the bituminous driveway located on the Property that connects Lot 1 to Lot 2, re-grade and restore with seed. Developer will allow the owner of Lot 2, Block 1, Juris Addition to enter Lot 1 to perform this work. Notwithstanding the forgoing sentence, as to the City is it the responsibility of the Developer to comply with this Section and the City is not required to enforce performance against the owner of Lot 2, Block 1, Juris Addition. 4. REAFFIRMING CONDITIONS OF AMENDED DEVELOPMENT AGREEMENT: Developer agrees to and reaffirms all terms and conditions and accepts the obligation of "Developer" under the Amended Development Agreement Supplemented as they pertain to the Property and accepts the obligation of"Developer" under this 4th Supplement to Development Agreement. The Amended Development Agreement shall remain in full force and effect except amended by this Supplement. 5. WETLAND PLAN: Prior to release of the final plat for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Conservation Easement: Prior to release of the final plat for the Property, Developer shall submit a Conservation Easement attached as Exhibit D, for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. B. Wetland Buffer Strip Monuments: Prior to release of the first building permit for any portion of the Property, and prior to recording of any document affecting the property, including any mortgage granted by the Developer or owners, their successors and/or assigns, Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch(3"x 8"). The sign shall be mounted flush with the top of the post and shall include the statement "Wetland Buffer: No Mowing Allowed" or "Wetland Buffer: Vegetation Clearing Limit". The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE TMG I, LLC By —Ze / By Its yi.., . Nancy Tyra-Lukens Its Mayor By By Its Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) •The foregoing instrument was acknowledged before me this)ki t'day of 'f. , 2012, byh0(110 am&4 thech, , of TMG I, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie ' 1 8080 Mitchell Road th Eden Prairie,MN 55344 EXHIBIT A SUPPLEMENT TO DEVELOPMENT AGREEMENT -JURIS ADDITION LEGAL DESCRIPTIONS Legal Description Before Final Plat: Lot 1, Block 1, EDEN PRAIRIE FORD,Hennepin County, Minnesota. Legal Description after Final Plat: Lot 1, Block 1, JURIS ADDITION,Hennepin County,Minnesota. EXHIBIT B SUPPLEMENT TO DEVELOPMENT AGREEMENT-JURIS ADDITION PLANS LIST OF MATERIALS 1. Preliminary Plat, stamp dated, January 27, 2012,by Rehder and Associates, Inc. EXHIBIT C SUPPLEMENT TO DEVELOPMENT AGREEMENT -JURIS ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. No building permits shall be issued under this Agreement or the approvals granted in conjunction with the PUD. An amendment of this Agreement and the approvals granted in conjunction with the PUD are required prior to the issuance of any building permits. IL Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. This provision is not applicable for this Agreement. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. This provision is not applicable for this Agreement. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: CP Eden Prairie RE Holdco LLC With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property in violation of applicable law, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances in violation of applicable law. D. To the best of Developer's knowledge after due inquiry, no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances in violation of applicable law. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. This provision is not applicable for this Agreement. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. This provision is not applicable for this Agreement. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. This provision is not applicable for this Agreement. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. This provision is not applicable for this Agreement. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. This provision is not applicable for this Agreement. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. This provision is not applicable for this Agreement. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ''A by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. This provision is not applicable for this Agreement. Demarcation is required by Section 6 of this Agreement. XVIII. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT-JURIS ADDITION CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of 2012, by and between , a , hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation,hereinafter referred to as "City''; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area, attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. Following execution of this Agreement no additional or new building, road, sign, billboard, utility, or other structure shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging, movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages except as follows: B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area in violation of applicable law, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances in violation of applicable law; D. To the best of Grantor's knowledge after due inquiry, no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances in violation of applicable law; Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four- foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties,their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Rick Getschow Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2012, by , the , a Minnesota on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 4TH SUPPLEMENT TO DEVELOPER'S AGREEMENT JURIS ADDITION THIS SUPPLEMENT TO AGREEMENT, made and entered into as of March 20, 2012, by CP Eden Prairie RE Holdco LLC, a Michigan limited liability company, hereinafter referred to as "Developer" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, the City and the predecessors in interest to the Developer entered into a Developer's Agreementdated October 1, 1991, between Denwal Management and Denwal Realty and the City of Eden Prairie for Eden Prairie Ford, (hereinafter the "Developer's Agreement"); as amended by that certain supplement to Developer's Agreement dated June 16, 1992,between Denwal Management and Denwal Realty and the City of Eden Prairie (hereinafter the "Supplement to Developer's Agreement"); as further amended by that certain supplement to Developer's Agreement dated July 20, 1993, between Eden Prairie Auto Properties, a Minnesota General Partnership, and the City of Eden Prairie, (hereinafter the "Supplement to Developer's Agreement 1993"); as further amended by that certain supplement to Developer's Agreement dated November 1, 1994, between Eden Prairie Auto Properties, a Minnesota General Partnership and the City of Eden Prairie, (hereinafter the "Supplement to Developer's Agreement 1994"); (hereinafter collectively referred to as the Amended Development Agreement"). WHEREAS, the Developer has applied to the City for Planned Unit Development Concept Review, Planned Unit Development District Review with waivers, Zoning District Amendment within the Commercial Regional Service Zoning District, and Preliminary Plat into 2 lots and right-of-way, all on 14.16 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof; WHEREAS, the parties desire to amend the Amended Development Agreement for that portion of the property legally described on Exhibit A and identified on Exhibit B both attached hereto and made a part hereof, with said 9.48 acres hereinafter referred to as "the Property" NOW, THEREFORE, in consideration of the City adopting Resolution No. for PUD Concept Review, Ordinance No. for PUD District Review with waivers and Zoning District 'Amendment within the Commercial Regional Service Zoning District, and Resolution No. for Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of the Property as follows: 1. PLANS: The Plans do not identify any development on the Property. Developer shall maintain the existing condition of the Property in conformance with the materials revised and stamp dated January 27, 2012,reviewed and approved by the City Council on March 6, 2012, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the C-Reg-Ser Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD( ): • Parking setback from 10—0 feet. This is an existing condition. • Wetland structure setback from 15 to 5 feet. • Wetland buffer width from 10 to 3 feet. 4. DRIVEWAY REMOVAL: Developer shall completely remove the bituminous driveway on the Property and Lot 1, Block 1, Juris Addition that connects the Property with Lot 1, Block 1, Juris Addition, and re-grade and restore with seed. 5. REAFFIRMING CONDITIONS OF AMENDED DEVELOPMENT AGREEMENT: Developer agrees to and reaffirms all terms and conditions and accepts the obligation of "Developer" under the Amended Development Agreement Supplemented as they pertain to the Property and accepts the obligation of"Developer" under this 4th Supplement to Development Agreement, .The Amended Development Agreement shall remain in full force and effect except amended by this Supplement. 6. WETLAND PLAN: Prior to release of the final plat for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Conservation Easement: Prior to release of the final plat for the Property, Developer shall submit a Conservation Easement attached as Exhibit D, for k 1 review and written approval by the Environmental Coordinator, for the area delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. B. Wetland Buffer Strip Monuments: Prior to release of the first building permit for any portion of the Property, and prior to recording of any document affecting the property, including any mortgage granted by the Developer or owners, their successors and/or assigns, Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch (3"x 8"). The sign shall be mounted flush with the top of the post and shall include the statement "Wetland Buffer: No Mowing Allowed" or "Wetland Buffer: Vegetation Clearing Limit". The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. w , EXHIBIT A SUPPLEMENT TO DEVELOPMENT AGREEMENT —JURIS ADDITION LEGAL DESCRIPTIONS Legal Description Before Final Plat: Lot 1, Block 1,EDEN PRAIRIE FORD,Hennepin County,Minnesota. Legal Description after Final Plat: Lot 2, Block 1, JURIS ADDITION, Hennepin County, Minnesota. EXHIBIT B SUPPLEMENT TO DEVELOPMENT AGREEMENT —JURIS ADDITION PLANS LIST OF MATERIALS 1. Preliminary Plat, stamp dated, January 27, 2012, by Rehder and Associates, Inc. EXHIBIT C SUPPLEMENT TO DEVELOPMENT AGREEMENT —JURIS ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. No building permits shall be issued under this Agreement or the approvals granted in conjunction with the PUD. An amendment of this Agreement and the approvals granted in conjunction with the PUD are required prior to the issuance of any building permits. IL Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. This provision is not applicable for this Agreement. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. This provision is not applicable for this Agreement. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) 4 d With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances except as identified in Schedule B to Title Commitment NCS 518765-MPLS issued by First American Title, dated December 28, 2011. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property in violation of applicable law, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances in violation of applicable law. D. To the best of Developer's knowledge after due inquiry, no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances in violation of applicable law. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation a a costs, if any, as determined by electrical power provider), engineering review, and street signs. This provision is not applicable for this Agreement. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. This provision is not applicable for this Agreement. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. This provision is not applicable for this Agreement. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. This provision is not applicable for this Agreement. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. This provision is not applicable for this Agreement. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. This provision is not applicable for this Agreement. h , XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading"Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. This provision is not applicable for this Agreement. Demarcation is required by Section 6 of this Agreement. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. B 9 9 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN P. CP Eden Prairie RE Holdco LLC 111/11 By By Its vp Nancy Tyra-Lukens Its Mayor By By Its Rick Getschow Its City Manager STATE OF ESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie,a Minnesota municipal corporation, on behalf of said corporation. Notary Public Flo rIdCi STATE OF . - ) AIPI6ecid1 Ss. COUNTY OF - ) The fipfegoing,instrument was acknowledged before me this IL/ day of N arcli , 2012, by WaYfle N100 r the VI/ , of CP Eden Prairie RE oldco LLC, a Michigad limited liability company,on behalf of the company. gb" %AI bill Not.!IIPubl. THIS INSTRUMENT WAS DRAFTED BY 4j 1,47...sesioN City of Eden Prairie <,5 8080 Mitchell Road — • • 12 Eden Prairie,MN 55344 • sSot %4( 01414 % •,:lemb.;4:‘': 4.• % PURLIC.5 Oittififf11111%0 EXHIBIT D DEVELOPMENT AGREEMENT —JURIS ADDITION CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of 2012, by and between CP Eden Prairie RE Holdco LLC, a Michigan limited liability company, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation,hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except as identified in Schedule B to Title Commitment NCS 518765-MPLS issued by First American Title, dated December 28, 2011. WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B,hereinafter referred to as the "Easement Area, attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. e � r B. Following execution of this Agreement, no additional or new building, road, sign, billboard, utility, or other structure shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging, movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages except as follows: items identified in Schedule B to Title Commitment NCS 518765-MPLS issued by First American Title, dated December 28, 2011. B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area in violation of applicable law, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq.; or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances in violation of applicable law; D. To the best of Grantor's knowledge after due inquiry no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances in violation of applicable law; Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four- foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties,their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] h p IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED _ By NOT TO BE SIGNED Rick Getschow Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2012, by , the , a Minnesota on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Randy L. Slick Final Plat Report of Juris Addition Public Works /Engineering Requested Action Move to: Adopt the Resolution approving the final plat of Juris Addition. Synopsis This proposal is for the plat located at 12790 Plaza Drive. The plat consists of 14.16 acres to be platted into two lots and right of way dedication for street purpos es. This is a replat of Lot 1, Block 1, Eden Prairie Ford. Background Information The preliminary plat was approved by the City Council on March 6, 2012. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on March 20, 2012. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$2,130.00. • Provide a list of areas (to the nearest square foot) of all to ts, outlots and road right-of- ways certified by surveyor. • Prior to release of the fina 1 plat, Developer shall subm it and receive approval of the Wetland Plan by the Environmental Coordinator. • Prior to re lease of the final plat, Develope r shall provide to the City a current title insurance policy. • Prior to release of the final plat, Developer shall record an d provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • The requirements as set forth in the Developer's Agreement. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING FINAL PLAT OF JURIS ADDITION WHEREAS, the plat of Juris Addition has been subm itted in a manner require d for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Juris Additi on is a pproved upon compliance with t he recommendation of the Final Plat Report on this plat dated March 20, 2012. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certif icate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 20, 2012. Nanc y Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk J U R I S ADDITION 5q5'o°°W • R.T. DOC. NO. — F•��' _ ,� /a aluwz0�,°i� I' gt'1Y5° „a � ,\ A, /ot, -,, 515`3T35,� I 'l< // $ \\,\\ II 1 II 11 1 Scale in Feet lap °0 //// d0 \‘‘,,,,,,,,• _ .., ,A \,-(1. PRNRIE FORD has La tbean,,%0l Ni`22'04"E /// ,4,,, II I 1I 'I \ •Denotes it monument found L (�''%r\ ✓::::✓aoe \ /i , / Ju`M cn \\� 1 - o Denotes iron ouent set .• O45,/N,/ es' \\\\ . <F ,' • /' o° 6 Easements are k • C e0° �° <Y u/ it II '1 I shown thus:antl Utilit 111 6 \ o nh a \\ \i I 1 ._ aha n ''::10\n 909P'"g'_ \Sx `'ark �'�" \ice �`qls, e6� +1 1 M I o.' i 66; o 1, N I 5—ir5 1 IN_ \ 0h2 'yA6T4j \"t„ 1 ' 1 Being5 reef in width and adjoining \ ye \ h 1 /.p�•' ') I 2 11 1 I -'- lot Ies and being 10 feet inowidth \ a- C, \\ \\ / 1 I' 1 and adjoining right of way lines unless �P� \ ' \ 0�/ i%: 2 I l"l 1 otherwise indicated an the plat. \ C�� \ 7. \\ =O°0// . Ja fb \kRv,Y 11 11 a\n`II 1 - dh / ._ g\ ryi.1011... \\ I 1 8 •.� \ �- i I Bench Mark: rap not or hydrant of me -- P $\ B '` rY / III IgI'1 1 3 1 northeast comer of Lot 1,Block 1,EDEN Nc➢. v4 • O( ��(/ ` J°A /Q�° - 1e 'I I»,1 1 11 PRNRIE FORD. Elevation=868.55 feet - t^ \ e 0// ,m I I: - (N.O.VD.-1929). \ :_ o \ C K" N; ° ,"/ E4e° /-/,,' ; '111'' .1;,1 '11 I -= ' --2-. \ �s -e\ eN on as p $ g y0 %E N Or.,-,-,,.., 'I 1 I II 1°o^+ .. " water got DI 1 a w :- \\ ry 41;.'s' �� v D ag L A \ I z D, \ - ,n s,. ..+/�1 ) -..-.. ...___....- ° '� °`^per I m 1 11 I 11i 1 \ Q/ y •,a1 E • I1 a 1 a I 1 \ 'fE ss ---', - _--.._..—.._..—.._..Vyowi Public water 27-1088W\,.. —_.—.._.._ \ '� '3 -L+11 26 ',1 t i zsz.la 4� �wg�yaa W �� \ . Erz.u'SJ .. Dra;nage°rid Ut IrtY Eoxm 1 E9 I "' Tfonsmus'on line Easement per Document Na \ _ 251 t0 ,, .ns6z)6 filzn ea"- r ...1 I .... ,.� ,.. \ Uf]h Element -- .,. ---r• -... KNOW ALL PERSONS BY THESE PRESENTS:That CP Eden Prairie RE Halloo,LLC,a MicM1igan nrnited liability company,fee owner of the following described property situaMd in the County of Hennepin, EDEN PRAIRIE MINNESOTA State of Minnesota,to wit: Lot 1,Black 1,EDEN PRAIRIE FORD,according to the recorded plat thereof,Hennepin County,Minnesota. This plat of 3URI5 Arrnd°N was approved antl acceptetl by Ne Ciry Council of Etlen Prairie,Minnesota at a regular meeting thereof,held Mil_day of ,2012.If applicable, Has [he written comments antl comments a ntlatio m of the Cons as provided by Minnesotan and tns County 505.03 Engineer have been recelvetl by[M1e Clry or[M1e prescribed 30 day perlotl has elapzetl caused same to be surveyed and platted aslURIS ADDITIONand does hereby donate and tledicete[o the public for public use forever the public waysantl the easements as shown on this plat without receipt of sod,commentsand recommendations as providetl by Minnesota Statutes,Section 505 subdivision 2. Mat for drainage and utility purposes only. CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA In witness whereof said CP Eden Prairie RE Holdco,LLC a Michigan limited liability company,has caused these presents to be signed by Its proper officer this day of ,2012.re BY: ,Mayor By: onager CP EDEN PRAIRIE RE HOLDCO,LLC signed: ,its trice President Wayne Moor TAXPAYER SERVICES DEPARTMENT,Hennepin County,Minnesota State of I hereby certify that taxes payable In 2012 and prior years have been paid for land described on this plat.Dated this day of ,2012. County of Thessitl com foregoipanng in0yument was acknowl10910 before me this day of ,2012,by Wayne Moore,Vice President of CP Eden Prairie RE Holdco,LLC,a Michigan limited liability company,on behalf All L.Alverson,Hennepin County Auditor By: Deputy of Notary Printed Name Notary Public, SURVEY DIVISION,Hennepin County,Minnesota My Commission Expires Pursuant to MN.STAT.Sec.383.B.565(1g6g),this plat has been approved this day of ,2012. I hereby certify that Ito plat of PARIS ADDITION is a correct representation of the boundary survey;that all mathematical data and labels are correctly designated on the plat;that all monuments depicted on the plat have been or will be correctly set within one year as indicated on the plat;that all water boundaries and wet lands as of the date of the surveyor's certification are shown an.labeled an the plat;that all public William P.Brown,Hennepin COunry Surveyor y ways are shown and labeled on the plat.I further certify that this plat was prepared by me or under my direct supervision and that I are a duly licensed land surveyor under the laws of the State of Minnesota. Thomas 1.Adam,Iantl Surveyor REGISTRAR OF TITLES,Hennepin County,Minnesota Minnesota Licenss Na.43414 e of Minnesota I hereby certify that the within plat of]URIS ADDITION was recorded in this office this day of ,2012 at_o'clack StatCounty of Dakota The foregoing Surveyor's Certificate was acknowledged before me this_day of ,2012,by Thomas I.Adam,Licensed Land Surveyor. Michael H.Conniff,Registrar Of Tides By: Deputy Notary Printed Name y Pubnnesota MyCammlalic,alanMiBxplrealanaary31,zD15 Rehder and Associates, Inc. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5800 ITEM NO.: VIII.F. Randy Newton Approve Professional Services Agreement Public Works /Engineering with SRF Consulting Group for Preliminary Design Services for the southern segment of the Shady Oak Road Improvements Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Preliminary Design Services for the southern segment of the Shady Oak Road Improvements. Synopsis This Professional Services Agreement provides preliminary engineering design services for the southern segment of the Shady Oak Road Improvements. Background Information The southern segment of the Shady Road Improvements includes the widening and reconstruction of Shady Oak Road from east of Flying Cloud Drive to the limits of the northern section of the Shady Road Improvements which are approximately 800 feet north of the Rowland Road. The proposed improvements will provide additional capacity along Shady Oak Road including a new or expanded bridge over Highway 212. It is also anticipated that multi-use trails will be provided along both sides of Shady Oak Road for the length of the project. The proposed improvements have been identified in several traffic studies, including the UnitedHealth Group (UHG) updated traffic study, and are needed to accommodate existing traffic, the proposed UHG development, and other future development. In order to initiate the design work on both the north and south segments of the Shady Oak Road Improvements an initial contract for preliminary design services was approved at the September 6, 2011 City Council meeting. This current Professional Services Agreement will advance the design to approximately a 30% level and will include the development of a detailed project layout that can be approved by MnDOT and Hennepin County. The total project cost of this improvement is currently estimated at $32 million. Identifying and securing this level of funding is the biggest challenge to delivering the project. At this time it is expected that the project will be funded through a variety of sources including Municipal State Aid(MSA), UHG, MnDOT and Hennepin County. Currently it is anticipated that the MSA share will need to be in excess of 25% of the project costs. The UHG share which is expected to be approximately 25% is defined in the UHG Developer's Agreement. In addition city staff is working with MnDOT and Hennepin County to identify any potential funding they can provide or help secure. Since the funding for this project is yet to be secured there is no specific schedule for the construction of the proposed improvements. However with this Professional Services Agreement the preliminary engineering work will be complete by early 2013 which will allow a construction start date as early as 2014 or 2015. Financial Implications The Professional Services Agreement with SRF Consulting Group has an estimated cost of $431,407. The $25,000 budget for preliminary design services that was previously approved is included in the cost of this estimate. The initial project development costs will be funded by MSA, however as stated above it is anticipated that the project will be funded by a number of sources including MSA, UHG, MnDOT, and Hennepin County. Attachment Professional Services Agreement Rev. 8-11-2011 Standard Agreement for Professional Services This Agreement is made on the 20 day of March , 20 12 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. , a Minnesota Corporation (hereinafter "Consultant") whose business address is One Carlson Parkway, #150, Plymouth, MN 55447 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Shady Oak Road Preliminary Design Services (southern segment) hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" ( SRF Proposal Letter dated March 9, 2012 ) in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from March 20, 2012 through _ March 31, 2013 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 431,407 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. 1 Rev. 8-11-2011 Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 8-11-2011 6. Project Manager and Staffing. The Consultant has designated Matt Hansen and Rebecca Kruqerud to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- 3 Rev. 8-11-2011 discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for 4 Rev. 8-11-2011 damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. 5 Rev. 8-11-2011 g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of 6 Rev. 8-11-2011 Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally 7 Rev. 8-11-2011 between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 8 :I 114 March 9,2012 Mr.Randy Newton,PE,PTOE Assistant City Engineer/Traffic Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344 SUELECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR SHADY OAK ROAD(HENNEPIN COUNTY CSAH 61) PRELIMINARY DESIGN(SOUTHERLY SEGMENT) Dear Mr.Newton: Based on our current project understanding,SRF has prepared this proposal for the professional services nec- essary for the preliminary design of improvements to Shady Oak Road.The approximate limits of the project are shown on the attached Exhibit A(Preliminary Design Project Area).We have developed a thorough under- standing of the project area over the past five months in meeting with City,County,and MnDOT staff.SRF is prepared to move forward with this challenging project and complete our work within the proposed project schedule. SCOPE OF WORK We propose to carry out the work described in the attached scope of services.Our work will include all prelimi- nary design tasks necessary to deliver a signed MnDOT staff approval layout for the roadway improvements within the project area. This area indudes parts of Shady Oak Road, City West Parkway, Bryant Lake Drive, Flying Cloud Drive,and the ramps at TH 212/Shady Oak Road interchange, PROJECT TEAM The design team that is currently working on the Shady Oak Road Phase I final design will be able to move for- ward with the Phase II preliminary design,providing for a smooth and efficient transition. Our project team's organization is shown in the chart at the top of the next page and a brief description of our key staff is presented below. Matthew D.Hansen,PE,LS I Principal Matt has 21 years of experience in a variety of roadway and utility improvement projects,including municipal streets and utilities and County State Aid and Trunk Highway design projects. He is experienced in preparing feasibility studies and preliminary roadway layouts,construction plans and specifications,cost estimates,permit applications,right of way and easement descriptions,and contract documents.Mr.Hansen frequently manages complex municipal improvement projects and coordinates them through multiple agency reviews and approv- als. He previously led the TH 212/Prairie Center Drive Preliminary and Final Design Project in Eden Prairie. Matt will serve as the Project Principal,ensuring QA/QC is completed throughout the project's duration. Rebecca Krugerud,PE I Senior Associate Becky has 11 years of engineering experience related to highway and municipal engineering. She is skilled in design (profiles,alignments,estimates,and cross-sections) and engineering practices,including defining prob- lems,establishing facts,collecting data and drawing valid conclusions.Rebecca specializes in State and Federal Aid projects involving complex construction issues and multiagency coordination. She recently served as as- www.srfconsulting.com One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.473.0010 Fax:763.475.2429 An Equal Opportunity Employer Team Organization City of Eden Prairie Project Partners Rod Rue Randy Newton City of Eden Prairie Hennepin County Matt Hansen,PE, LS MnDOT orwr Southwest LRT Rebecca Krugerud, PE Structural Retaining Public Meetings Water Resources Roadway and Environmental Wall/Brid•e Utilities Documentation Larry Erickson,PE Nancy Frlck,AICP Lisa Goddard,PE[LED Rebecca Krugerud,PE Nancy Frick,AICP Kelcie Young,AICP AP Zack Kartak,PE Kelcie Young,AICP leffTykeson,PE Alex lordan Survey/ Traffic Engineering Wetlands Right-of-Way Mapping Dean Dusheck,LS Pat Corkle,PE PTOE Jeff Olson Ken F elVey Scott Martins lash Maus,PE, PTOE Leif Garnass,PE PTOL sistant project manager for the$17 million Washington County CSAH 2 (Broadway Avenue) preliminary and final design project.With her extensive experience with municipal design projects,Rebecca will lead the team and serve as Project Manager. Patrick Corkle,PE,PTOE I Principal-Traffic Pat has 18 years of experience with traffic engineering projects and is responsible for a wide variety of traffic and transportation projects.He has an in-depth knowledge of traffic operations and traffic impact studies as well as traffic control and signing and striping plans.Pat will supervise all traffic operations analysis tasks for this project. Joshua Maus,PE,PTOE I Associate-Traffic Josh has 10 years of experience in traffic engineering.His recent work has focused on freeway analysis,traffic operations analysis,traffic impact studies,corridor studies,traffic forecasting and modeling,interstate ac- cess modification requests and benefit-cost analysis.Josh is proficient in the use of CORSIM,HCS,Synchro, SimTraffic,VISSIM and MicroStation.Josh will complete the travel demand forecasting and traffic opera- tions analysis tasks for this project, Nancy Frick,AICP I Senior Associate-Environmental Documentation/Public Involvement Nancy has more than 25 years of experience in environmental, transportation and community planning. She manages the environmental documentation process for a wide range of transportation and develop- ment projects.With her extensive public involvement experience,Nancy will administer all public involve- ment meetings. 2 Kelcie Young,AICP I Senior Environmental Planner-Environmental Documentation/Public Involve- ment Kelcie has a Masters of Urban and Regional Planning from the University of Minnesota's Humphrey School of Public Affairs with a specialty in environmental planning,as well as project experience through the Cen- ter for Urban and Regional Affairs and the Center for Excellence in Rural Safety. At SRF,Ms.Young works on roadway,trail,bridge,rail,and transit projects,preparing federal and state environmental review documents and environmental inventories,and conducting public involvement and agency coordination. Dean Dusheck,LS I Senior Associate-Surveys Dean has over 30 years of experience as a professional land surveyor and supervises SRF's survey operations. He is respected as a detail-oriented land surveyor and efficient supervisor.He is involved in all SRF projects where design surveys and/or land surveys are required.Dean will oversee all surveying tasks. Larry Erickson,PE I Principal-Structures Larry has 35 years of experience designing and managing structural engineering projects.He has been in- volved in the design,management and construction of more than 300 bridges and structural retaining walls in Minnesota,North Dakota,Wisconsin and Montana.Larry will lead the structural design portion of this project. Lisa Goddard,PE,LEED AP]Senior Associate-Water Resources Lisa has more than 14 years of experience with SRF in drainage design,permitting,hydrologic/hydraulic modeling and design activities.She has worked on projects that have ranged from preliminary design/mas- ter planning to final design and post-construction assistance.Lisa will be responsible for all water resources designs. Jeffrey Olson I Associate-Wetlands Jeff has more than 20 years experience conducting studies on wetlands,wetland permitting,invasive spe- cies,wetland mitigation design,and water quality assessment.He has completed more than 2,500 wetland delineations.All wetland related tasks will be supervised by Jeff. Ken Helvey I Senior Associate-Right of Way Ken is highly respected for his ability to successfully represent agencies and assist home and business owners with the right of way acquisition process.He has successfully completed the relocation,acquisition,and ne- gotiations for many residential and commercial parcels.Ken will lead all right of way efforts for this project. SCHEDULE Due to the challenging project schedule,SRF was authorized by City Council to begin a portion of the Shady Oak Road preliminary design work(Phase II) on September 6,2011..It was understood that SRF would de- velop a detailed scope of work to complete the preliminary design and submit the scope for approval.The scope of work included in this proposal includes all tasks necessary to meet the schedule of completing a MnDOT staff approval layout by January I,2013,as shown in the project schedule on the next page. 3 Project Schedule - Shady Oak Road Preliminary Design (Phase 2, Southerly Segment) 2012 2013 2014 2015 2016 TASK Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 QI Q2 Q3 Q4 Q1 Q2 Q3 Q4 Traffic Operations Analysis Environmental Documentation Public Meetings ❑ ❑ Staff Approval Layout Geotech Engineering 60%Design1 ==MEM Right of Way 95%Design IMINIMEME Bidding/Award 1M Construction 4 BASIS OF PAYMENT/BUDGET We propose to be reimbursed for our services on an hourly basis for the actual time expended.Other direct project expenses such as printing,supplies,reproduction,etc.will be billed at cost,and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. The estimated cost for providing professional services for the Shady Oak Road Preliminary Design project is shown below for each major task in our work program.A detailed spreadsheet documenting estimated person-hours and fees for each subtask is also included.We have made every attempt to include a sufficient estimate of hours based on our experience with similar projects,while providing the City of Eden Prairie with a reasonable value. The fee shown below has been estimated based on our proposed work plan,our project experience to date,and our current understanding of the project. On September 6,2011,the City approved an initial Shady Oak Road preliminary design contract for SRF. The$25,000 budget associated with this initial contract is included in the fee shown below. TASK NUMBER TASK FEE 1 Project Management $32,188 2 QCIQA $8,588 3 Project Coordination Meetings $28,206 4 Surveying&Mapping $13,072 5 Concept Layout $50,524 6 Public Involvement $14,999 7 Environmental Documentation $6,141 8 Freeway Travel Demand Forecasts $31,984 9 Freeway Traffic Operations Analysis $50,024 10 Interchange Warrant Analysis $20,958 11 Wetland Report&Permitting $2,448 12 Preliminary Utility Coordination $9,679 13 Preliminary Water Resources Design $25,786 14 Preliminary Construction Staging Layouts $16,420 15 Preliminary Right of Way $12,078 16 Preliminary Construction Cost Estimates $7,460 17 Preliminary Design-MnDOT Staff Approved Layout(30% Design) $99,042 Expenses $1,810 TOTAL $431,407 The Shady Oak Road project is a complex design project that will require significant coordination with multiple agencies and project partners.Maintaining the project schedule will require close coordination be- tween internal design groups within SRF as well as agency representatives.We propose to use our established rates for the City of Eden Prairie,and a table of the range of rates is attached to this letter. 5 CHANGES IN THE SCOPE OF SERVICES It is understood that if the scope or extent of work changes,the cost will be adjusted accordingly.Before any out-of-scope work is initiated,however,we will submit a budget request for the new work and will not begin work until we receive authorization from you. NOTICE TO PROCEED A signed Professional Services Agreement with a copy of this proposal,either mailed or e-mailed to our of- fice,will serve as our notice to proceed. We sincerely appreciate your consideration of this proposal and look forward to working with you on this important project.Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. Matthew D.Hansen,PE MN,ID),LS(MN,IA) J es R.Dvorak,PE(MN,MI) Principal ce President Attachments: Exhibit A Project Area Staff classification rate table Detailed work task estimate This cost proposal is valid for a period of 90 days.SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. Proposal No,PII625 6 -.::•?>'-- ,"( -*:-.--4,-1-: - , \ \ . , •''.--7.-- I : / , r; -, .T.,.._-• • . \\ ---q4'4eirCi r ...4 ; load ! : II ' —-- -..'•• ! 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RANGE OF HOURLY BILLING RATES JANUARY 2012 THROUGH DECEMBER 2012 SENIOR PRINCIPAL $190 PRINCIPAL $ 148 - $ 187 SENIOR ASSOCIATE $ 120 - $ 167 ASSOCIATE $ 103 - $ 148 SENIOR PROFESSIONAL MIS Specialist $ 104 - $ 135 Engineer $ 79 - $ 122 Landscape Architect $ 77 - $ 122 Planner $ 77 - $ 122 GRADUATE Engineer $ 67 - $ 99 Hydrologist $ 67 - $ 99 Landscape Designer $ 67 - $ 99 Planner $ 67 - $ 99 TECHNICAL Safety Specialist $ 103 - $ 148 Engineering Specialist $ 93 - $ 118 Right-of-Way Specialist, Senior $ 81 - $ 114 Right-of-Way Specialist $ 67 - $ 95 CADD/Field Technician, Principal $ 85 - $ 118 CADDIField Technician,Senior $ 71 - $ 100 CADDIField Technician $ 45 - $ 83 Survey Technician, Principal $ 85 - $ 118 Survey Technician, Senior $ 71 - $ 100 Survey/Traffic Technician $ 44 - $ 83 PRODUCTION WEB Designer, Principal $ 85 - $ 107 Graphics Technician, Principal $ 79 - $ 112 Graphics Technician,Senior $ 72 - $ 100 Graphics Technician $ 45 - $ 85 Sr. Editor $ 88 - $ 110 Editor $ 71 - $ 97 Administrative Assistant $ 62 - $ 88 Word Processor $ 56 - $ 80 Clerical $ 46 - $ 77 The Range of Hourly Rates schedule is subject to change annually. Direct project related expenses are billed at actual cost and mileage is billed at a rate not to exceed the current allowable IRS rate for business miles_ CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN LC.11-5800 """"`ESTIMATED PERSON-HOURS""" ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 1.0 PROJECT MANAGEMENT Assumptions: This task focuses on effective coordination of the project work to expedite the decision-making process and maintain the scheduled completion dates. It assumes Consultant involvement for 11 months from initial concept development work(Mar 2012)to layout approval(Jan 2013). 1.1 General day-to-day project management and administration 40 80 0 0 0 0 0 120 including work-planning,staff scheduling and coordination of tasks (11 months). 1.2 Establish ongoing project coordination with Eden Prairie keeping 30 50 0 0 0 0 0 80 City staff fully informed of the project status for the entire length of the project. Coordinate project activities with the following as necessary(11 months): - City of Eden Prairie - Hennepin County - Mn(DOT - SWLRT staff and PE design team - Nine Mile Creek Watershed District - Private and Public Utilities - Other Agencies as Required 1.3 Prepare project schedule and update monthly. 4 22 0 0 0 0 0 26 SUBTOTAL-TASK 1 74 152 0 0 0 0 0 226 $32,188 SRF CONSULTING GROUP,INC. WORK TASKS AND PERSON-HOUR ESTIMATE 1110/2012 MiNNEAPOLIS,MN HAPmiecls175fifi1_PrnientManagemenhS©p 1Soum Preliminary DelignlStiady flak Road Phase 2 FINAL3-08-12.xlsx PAGE 1 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN I.C.11-5800 *""""ESTIMATED PERSON-HOURS'"'" ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 2.0 QUALITY CONTROL!QUALITY ASSURANCE Assumptions: Conduct internal QA/QC peer reviews during the project. Consultant will not submit documents for review prior to completion of internal QC review. 2.1 Perform internal Quality Control peer review of all design 10 20 20 20 8 0 0 78 components including but not limited to computations,drawings, plans,reports,specifications,and cost estimates. SUBTOTAL-TASK 2 10 20 20 20 8 0 0 78 $8,588 3.0 PROJECT COORDINATION MEETINGS Prepare for and attend all project coordination meetings as necessary including the following: 3.1 Monthly Project Management Team meetings(assume 10 60 30 0 0 0 0 8 98 meetings with 3 people for 3 hours each) 3.2 Internal project coordination meetings to review design progress 20 20 0 20 0 0 0 60 and project schedule(assume 20 meetings). 3.3 Other agency coordination meetings as requested by Eden Prairie, 15 15 0 15 0 0 4 49 Hennepin County,MnDOT,and SWLRT(assume 5 meetings). SUBTOTAL-TASK 3 95 65 0 35 0 0 12 207 $28,206 4.0 SURVEYING AND MAPPING Assumptions: City will provide plats and record drawings within the project area. City will provide electronic files of LIDAR basemapping. 4.1 Design Surveys:Perform topographic field surveys in the project 0 8 0 0 0 80 0 88 area to supplement LIDAR mapping data provided by the City. SRF CONSULTING GROUP,INC. WORK TASKS AND PERSON-HOUR ESTIMATE Vi 012012 M INNEAPOLIS,MN PDPrajects4756eI_prgectManagemerNScapa4soulh Preliminary Deslgnl.Shady Oak Roes Phase 2 FINAL S48-12_4sx PAGE 2 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN LC.11-5800 *"""ESTIMATED PERSON-HOURS""" ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 4.2 Supplement existing Right of Way basemap showing existing 0 8 0 0 0 32 0 40 property tines and right of way constructed from plats. Add proposed right of way as well as permanent and temporary easements as needed. 4.3 Develop a digital terrain model(DTM). 0 0 0 0 0 16 0 16 SUBTOTAL-TASK4 0 16 0 0 0 128 0 144 $13,072 5.0 CONCEPT LAYOUT Assumptions Concept layout will be developed based on Phase One improvements(northerly segment),previous traffic strudies,and input from agency coordination meeting(2/24/12). Preliminary design efforts will not proceed until a concept layout is approved by all stakeholders. Consultant deliverables Memo to City summarizing previous traffic studies and presenting justification for preferred interchange configuration. 5.1 Work with City staff to develop a concept level layout to show the 10 40 0 80 60 30 0 220 proposed roadway improvements in the project area. Thls task includes preparation of up to five concept sketches based on traffic modeling recommendations to assist in the selection of a prefered concept. A concept level cost estimate will be prepared for each sketch/configuration. The prefered concept sketch will be developed into a concept layout that will be used to help develop initial cost estimates and project schedules as well as respond to specific project issues raised by Eden Prairie and other project partners. SRF CONSULTING GROUP.INC. WORK TASKS AND PERSON-HOUR ESTIMATE 111012012 MINNEAPOLIS.MN HAProiectsl7E88%_ProladManagement5Smpe4Sourh Preliminary DesignlShady Oak Road Phase 2 FINAL 3-08-12x5as PAGE 3 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE Il-SOUTHERLY SEGMENT PRELIMINARY DESIGN I.C.11-5800 "***ESTIMATED PERSON-HOURS""** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 5.2 Interchagne Alternatives Analysis 20 0 120 60 0 0 0 200 - Using VISSIM,analyze future build conditions of five interchange alternatives far design year a.m.and p.m.peak hour conditions. This analysis will help guide the selection of a preferred alternative. The following alternatives will analyzed: 1. Standard Diamond 2. Single-Point 3. Offset Single-Point 4. Diverging Diamond 5. Standard Diamond with Roundabouts -Coordinate alternatives analysis work with SWLRT Preliminary Engeering efforts. 5.3 Prepare an operations analysis memorandum documenting the 4 0 8 48 0 8 0 68 methodologies and results. This memorandum will also select a preferred interchange configuration. 5.4 Review and coordinate concept layout with PMT. Modify as 4 8 0 8 4 4 0 28 needed. Assumes one modification. SUBTOTAL-TASK 5 38 48 128 196 64 42 0 516 $50,524 SRF CONSULTING GROUP,INC. WORK TASKS AN❑PERSONLHOUR ESTIMATE 1l1072012 MINNEAPOLIS,MN HaProjecisl75665_ProjectManagementlSmpe4South PreIiminary OeelgnlShady Oak Road Phase 2 FINAL 3-08-12.k sx PAGE 4 OF I CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN I.C.11-5800 ***"*ESTIMATED PERSON-HOURS' ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 6.0 PUBLIC INVOLVEMENT Assumptions Up to 3 public information meetings. Meetings to be advertised through mailers,press releases,and postings to City websites. No newsletters are included in this scope. City prepares mailing list and prints and mails flyers. City to be responsible for distribution of any press releases. City to be responsible for website postings. Consultant responsibilities - Mailing list. - Preparation of draft mailers. Assumes approximately 200 mailers for each meeting. - Prepare press release for each meeting. - Displays,handouts,sign-in sheets,and comment cards for each public information meeting. - Meeting summaries. 6.1 Prepare mailer advertising meetings, Includes draft mailer for City 0 2 0 0 6 2 2 12 review and final for City mailing. Assumes mailers are simple one- page,foldable,black and white notifications. 6.2 Prepare displays,handouts,sign-in sheets,and comment cards 3 6 0 0 24 24 3 60 for each public information meeting. Includes drafts for City review and final. 6.3 Attend public information meetings. Assumes open house 12 30 0 0 18 0 0 60 meetings;no formal presentation. Includes travel,set up and meeting time. 6.4 Prepare summary of each meeting including attendance, 0 3 0 0 9 0 3 15 materials,and comments. Includes draft and final. 6.5 Prepare abbrieviated version of summary and provide with 0 1 0 0 4 0 0 5 meeting materials to City of Eden Prairie for posting on City website. SUBTOTAL-TASK 6 15 42 0 0 6i 26 8 152 $14,999 SRF CONSULTING GROUP,INC. WORK TASKS ANC PERSON-HOUR ESTIMATE 1/1 01201 2 MINNEAPOLIS.MN H:VPmjecls175661_ProjecrMaragamenhScopelSoLah Preliminary OesigMShady Oak Road Phase 2 FINAL 3-08-12.xlsx PAGE 5 0515 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN I.G.11-5800 *****ESTIMATED PERSON-HOURS *"** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 7.0 ENVIRONMENTAL DOCUMENTATION Assumptions: - No environmental document(federal or state). - No noise analysis required. - No cultural resources,contamination,air quality,Section 4(f) evaluation, City/County responsibilities - Review of draft MnDOT Early Notification Memo(ENM). - Review of draft MnDOT EIU Environmental Due Diligence form. (EDD) - Review of draft memo summarizing responses to ENM and EDD. MnDOT responsibilities - Review and routing of MnDOT Early Notification Memo(ENM). -Coordination of responses to ENM and provision to consultant. - Review and routing of MnDOT EIU Environmental Due Diligence form(EDD). - Review of draft memo summarizing responses to ENM and EDD. Consultant deliverables - Initial memo to City documenting work completed to date, proposed project,assumptions,and explaination for proceeding with the environmenmtal documentation scope of work identified herein. - Draft and final ENM - Draft and final EDD - Draft and Final Memo summarizing responses to ENM and EDD. 7.1 Initial memo to City documenting proposed environmental 1 6 0 8 0 0 4 19 documentation process. 7,2 Project Path:Review and document project path with Henn Co, 3 3 0 0 0 0 0 6 Mn/DOT and FHWA-agreement on format for environmental documentation(assumes preparation of a CatEX.) SRF CONSULTING GROUP,INC. WORK TASKS AND PERSON-HOUR ESTIMATE 1/10/2012 MINNEAPOLIS,MN HaProJetts575661 ProJecIManapementtScopelSoulh PreEimInary❑esignIShady Oak Road Phase 2 FINAL 3-O-12,xlss PAGE OF I S CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN I.C.11-5800 *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 7.3 Prepare draft Early Notification Memo(ENM),including project 1 2 0 8 0 2 2 15 graphics and description.Submit to City for review. Submit revised ENM to MnDOT Metro District. Coordinate with Metro District for distribution. 7.4 Prepare draft Environmental Due Diligence form(EDD). Submit to 0 0 0 2 0 0 0 2 City for review. Submit revised EDD to MnDOT Metro District. Coordinate with Metro District for distribution to Environmental Investigation Unit(EIU). 7.5 On-going coordination with City,Henn Co,and MnDOT regarding 0 1 0 4 0 0 0 5 form completion,including provision of additional information, tracking of responses,and follow up communications. 7.6 Prepare draft memo compiling responses to ENM and EDD. 1 3 0 8 0 0 2 14 Submit to City,County and MnDOT for review. Revise as needed. Submit final memo to City,County and MnDOT. SUBTOTAL-TASK 7 6 15 0 30 0 2 8 61 $6,141 8.0 FREEWAY TRAVEL DEMAND FORECASTS Assumptions: Prepare travel demand forecasts for opening year and design year in accordance with adopted MnDOT and Met Council forecasting and modeling guidelines.Freeway modeling limits include:TH 212 from Prairie Center Drive to TH 169.TH 62 from Shady Oak Road to Gleason Road,TN 169 from Valley View Road to Bren Road, and 1-494 from Valley View Road to Prairie Center Drive. 8.1 Gather existing traffic and planning information that pertains to the 0 0 2 8 0 0 0 10 project area. 8.2 Conduct validation run for existing(2010)base year,adjust model 4 0 4 48 0 0 0 56 parameters(within MnDOT guidelines)as appropriate and revalidate based on adjustments. 8.3 Prepare future daily and peak hour forecasts for opening year and 8 0 4 96 96 0 0 204 design year. SRF CONSULTING GROUP,INC. WORKTASKS AND PERSON-HOUR ESTIMATE 11102012 MINNEAPOLIS,MN N3projecls475Sbti_PmjectManagementtiSmpa4South Preliminary Design\Shady Oak Road Phase 2 FINAL 2-08-12.kIss PAGE 7 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN I.C.11.5800 **""`ESTIMATED PERSON-HOURS"*"" ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 8A Prepare a forecasting memorandum documenting the 8 0 4 98 0 8 0 68 methodologies used to develop the forecasts. 8.5 Prepare for and attend two(2)project meetings with MnDOT staff. 8 0 6 8 0 0 0 22 Project management and overall quality management of Travel Demand Forecasts task to ensure reliable and accurate results and information. SUBTOTAL-TASK 8 28 0 20 208 96 8 0 360 $31,484 9.0 FREEWAY TRAFFIC OPERATIONS ANALYSIS Assumptions: Conduct traffic operations analysis for year 2011 (existing), year of opening and design year no build and build conditions in accordance with current MnDOT's current"Advanced CORSIM Training Manual"Modeling limits include:TH 212 from Prairie Center Drive to TH 169,TH 62 from Shady Oak Road to Gleason Road,TH 169 from Valley View Road to 8ren Road,and 1-494 from Valley View Road to Prairie Center Drive. 9.1 Data Collection 2 0 4 0 16 20 0 42 - Review data for this project that relates to traffic counts,turning movements,signal timing,ramp metering,and geometrics as supplied by the City and other agencies.If data obtained is more than two(2)years old,SRF will collect up to four(4)a.m.and p.m. peak period intersections counts. -Conduct field review of the traffic operations during the a.m.and p.m.peak periods to aid in the calibration of the base model and to verify geometric and operations. SRF CONSULTING GROUP,INC- WORK TASKS ANO PERSON-HOUR ESTIMATE 11SC/2012 MINNEAPOLIS,MN H:Wrojeclel75861_ProJectManegemen0ScopelSourh Preliminary OesignlShady Oak Road Phase 2 FINAL 3-08-12.Ls,, PAGE 8 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN I.C.11-5800 **"**ESTIMATED PERSON-HOURS`**" ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 9.2 Build Base CORSIM Model 0 0 16 0 96 48 0 160 -Develop a link-node diagram of the existing network. -Develop a lane schematic that graphically represents the existing network and includes all key design features. -Interpolate bad or missing volume data,convert data into 15- minute volumes and balance the volume data for the AM and PM peak period -Develop the AM and PM O-D matrixes for all freeway entrances and exits. -Verify that the network data has been coded correctly and develop a freeway quality control worksheet and an arterial quality control worksheet that lists link information. -Submit the base models and any supportive materials to MnDOT for review and approval. 9.3 Base CORSIM Model Calibration 2 0 8 0 24 0 0 34 -Calibrate the AM and PM base models according to the current "CORSIM Calibration Parameters". -Submit AM and PM calibrated model and supportive materials to MnDOT for review and approval. 9.4 Develop a.m.and p.m.peak hour turning movements for opening 0 0 4 24 0 0 0 28 year and design year no build and build conditions. -Will be developed for up to ten(10)intersections. 9.5 Opening Year Build Traffic Analysis 0 0 4 0 48 16 0 68 -Develop a link-node diagram of the future network. -Develop a lane schematic that graphically represents the future network and includes all key design features. -Develop the future AM and PM O-D matrixes for all freeway entrances and exits. -Verify that the network data has been coded correctly and develop a freeway quality control worksheet and an arterial quality control worksheet that lists link information. -Submit the opening year models and any supportive materials to MnDOT for review and approval. SRF CONSULTING GROUP,INC. WORK TASKS AND PERSON-HOUR ESTIMATE ill 012012 MINNEAPOLIS,MN H:4Proiectsl75861 ProjecLMahagementt5ropel&oulh Preliminary DosighlShady Oak Read Phase 2 FINAL 3-08-12.klex PAGE 9 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN 1.C.11-5800 "*"*"ESTIMATED PERSON-HOURS*."—* ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 9.6 Design Year 2030 No Build Traffic Analysis 0 0 4 0 48 16 0 68 -Develop a link-node diagram of the future network. -Develop a lane schematic that graphically represents the future network and includes all key design features. -Develop the future AM and PM 0-0 matrixes for all freeway entrances and exits. -Verify that the network data has been coded correctly and develop a freeway quality control worksheet and an arterial quality control worksheet that lists link information. -Submit the design year no build models and any supportive materials to MnDOT for review and approval. 9.7 Design Year 2030 Build Traffic Analysis 4 0 16 0 96 48 0 164 -Includes mitigation analysis. -Develop a link-node diagram of the future network. -Develop a lane schematic that graphically represents the future network and includes all key design features. -Develop the future AM and PM O-D matrixes for all freeway entrances and exits. -Verify that the network data has been coded correctly and develop a freeway quality control worksheet and an arterial quality control worksheet that lists link information. -Submit the design year build models and any supportive materials to MnDOT for review and approval. 9.8 Prepare for and attend two(2)project meetings with MnDOT staff. 12 0 8 24 0 0 0 44 Project management and overall quality management of Traffic Operations Analysis task to ensure reliable and accurate results and information. SUBTOTAL-TASK 9 20 0 64 48 328 148 0 608 $50,024 SRF CONSULTING GROUP,INC. WORK TASKS AND PERSON-HOUR ESTIMATE 1 11 0120 1 2 MINNEAPOLIS,MN H:IProjecis17566\_Projec[Manasernen11SeopeASouth Preliminary DeslgnOShady Oak Rand Phase 2 FINAL 308-12.,d PAGE 100F 1E CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE 11-SOUTHERLY SEGMENT PRELIMINARY DESIGN 1.C.11-5800 ""'ESTIMATED PERSON-HOURS* ** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR,ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 10.0 INTERCHANGE WARRANT ANLAYSIS 10.1 Prepare an Interchange Warrant Analysis document that 20 0 30 0 0 0 0 50 addresses the qualifying criteria as outlined in Appendix"E"of the Metropolitan Council's Transportation Policy Plan(TPP),as well as provides additional technical information to assist the Metropolitan Council and Minnesota Department of Transportation (MnDOT)in reviewing the interchange request for consistency with applicable regional and state considerations.Includes one(1) meeting with Met Council and MnDOT staff. 10.2 Prepare Draft FHWA Access Modification Request addressing the 10 24 40 54 0 12 0 140 eight FHWA criteria and submit for State and FHWA review. Prepare Final FHWA Access Modification Request following review of Draft letter by the State and FHWA. Includes one(1) meeting with Met Council and MnDOT staff. SUBTOTAL-TASK 10 30 24 70 54 0 12 0 190 $20,958 11.0 WETLAND REPORT AND PERMITTING 11.1 Coordinate with MnDOT OES staff for review of wetland 0 0 4 0 0 0 0 4 delineation report completed under Phase I. Assumes no additional wetland delineation or documentation required by MnDOT. 11.2 Convene Technical Evaluation Panel Meeting 0 0 3 0 0 0 0 3 11.3 Complete WCAI Corps JointWetland Permit Application or No 0 0 15 0 0 0 0 15 Loss Determination. 11.4 Search for Suitable Wetland Mitigation,if needed. 0 0 2 0 0 0 0 2 SUBTOTAL-TASK 11 0 0 24 0 0 0 0 24 $2,448 SRF CONSULTING GROUP,INC. WORK TASKS AND PERSON-HOUR ESTIMATE 1110/2012 MINNEAPOLIS,MN ItiProjecgl75665_ProleelManagemenflScape45oulh Preliminary Design 5Shady Oak Road Phase 2 FINAL 3-00-12.xisx PAGE 11 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN LC.11-5800 """ESTIMATED PERSON-HOURS""" ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 12.0 PRELIMINARY UTILITY COORDINATION 12.1 Perform Gopher State One Call(GSOC);receive utility data. 0 0 0 1 8 4 0 13 12.2 Gather and review utility data. Identify any and all significant utility 0 2 0 12 8 4 0 26 conflicts that will need a high level of relocation coordination during final design. 12.3 OPTIONAL TASK:If a major utility conflict is identified,SRF will 2 8 0 24 24 16 0 74 coordinate with the utility owner and City staff to develop a utility relocation plan. SUBTOTAL-TASK 12 2 10 0 37 40 24 0 113 $9,679 13.0 PRELIMINARY WATER RESOURCES DESIGN Assumptions: -Does not include preparation of a preliminary drainage design report. 13.1 Collect and review all available drainage data for the corridor. 1 2 4 0 25 0 2 34 Assemble a regulatory matrix that identifies the water quality and quantity issues and requirements for the project. Information to be collected includes the following: - Municipal,MnDOT,County and Watershed District comprehensive storm water planning documents - In-place and proposed utilities - Other planned or programmed projects in the area -As-built record drawings of highways and other affected infrastructure. 13.2 Coordinate,prepare for and attend meetings with the affected 1 6 10 0 4 8 2 31 governmental agencies)assumes 2 meeting). Prepare meeting minutes and submit to attendees. Meeting participants may include: -City of Eden Prairie - Nine Mile Creek Watershed District - MnDOT Water Resources - Hennepin County SRF CONSULTING GROUP,INC. WORK TASKS AND PERSON-HOUR ESTIMATE 1/102042 MINNEAPOLIS,MN H:1ProJects475861_ProjectMahagemanriS upeLSou[h Preliminary Dasign4Shady Oak Road Phase 2 FINAL 3-O8-12.xWs PAGE 12 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE 11-SOUTHERLY SEGMENT PRELIMINARY DESIGN I.C.11-5800 """*"ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 13.3 Develop an existing conditions drainage map,including drainage 0 4 6 0 28 6 0 44 boundaries,existing stormwater infrastructure and surface water resources,and flow patterns. Determine drainage areas,times of concentration,and runoff curve numbers and Manning's coefficients. 13.4 Design a preliminary drainage map using the proposed roadway 2 4 10 0 36 8 0 60 layout,profiles and staging plans. The map will include proposed storm trunk alignment,BMP locations,and proposed flow patterns/drainage boundaries. incorporate comments from Eden Prairie,Hennepin County,and MnDOT regarding stormwater treatment locations,pipe alignment,and outlet locations. 13.5 Determine pond or other BMP strategies as mitigation to meet 1 3 10 0 32 0 0 46 watershed district,city, county and MnDOT water quality and quantity requirements and to reduce downstream impacts. Identify potential pond/BMP sizes based on a spreadsheet-level analysis. Determine preliminary grading/construction limits of the proposed BMPs. 13.6 Assess effectiveness of the proposed BMPs for water quality 0 2 6 0 6 0 0 14 treatment on a qualitative level. 13.7 Identify easements and right of way needed for drainage. 0 0 2 0 14 4 0 20 13.8 Attend internal weekly status meetings(assumes a total of 20 0 20 8 0 0 0 0 28 meetings). 13.9 Prepare preliminary cost estimate for water resource elements. 0 2 2 0 10 0 0 14 SUBTOTAL•TASK 13 5 43 58 0 155 26 4 291 $25,786 SRF CONSULTING GROUP,INC, WORK TASKS ANC)PERSON-HOUR ESTIMATE 111 0120 1 2 MINNEAPOLIS,MN HaProjeclsV566%_PmjeetManagamenllSmpe5Shctth Preliminary Deep\Shady Oak Road Phase 2 FINAL 3-08-12xls5. PAGE 13 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN I.C.11-5800 "'"**ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 14.0 PRELIMINARY CONSTRUCTION STAGING LAYOUTS 14.1 Develop a conceptual stage-by-stage sequence through which the 4 24 0 24 24 16 0 92 new roadway and utility improvements can be constructed while maintaining local traffic. Present preliminary staging sketches to the PMT for review and comment. 14.2 After receiving comments,make appropriate revisions to the 2 16 0 24 24 16 0 82 staging concept. Prepare layouts illustrating all construction stages in detail. Prepare preliminary staging typical sections and crass sections as necessary to demonstrate feasibility of staging and allow coordination with drainage designers. Submit layouts, typical sections and cross sections to PMT for review and approval. SUBTOTAL-TASK 14 6 40 0 48 48 32 0 174 $16,420 15.0 PRELIMINARY RIGHT OF WAY 15.1 Work with City staff and design team to identify right of way 4 30 0 8 0 4 0 46 impacts including future permanent and temporary easement needs and estimated right of way acquisition costs. 15.2 Prepare a right of way basemap showing existing property owner 4 16 0 8 24 16 0 68 information within project area. Show the necessary Permanent and Temporary easement needs based on preliminary geometric layout and construction limits. The RW basemap shall be the basis for preparation of easement sketches and descriptions for appraisal purposes. SUBTOTAL-TASK 15 8 46 0 16 24 20 0 114 $12,078 SRF CONSUL-MG GROUP,INC. WORK TASKS AND PERSON-HOUR ESTIMATE 1/1 D/2012 MINNEEAPOLIS,MN 0:/Projecte475BS1 Pr JectlotanagementlSmpelsouth Prehrmnary Design/Shady Oak Road Phase 2 FINAL 3-08-12.kisx PAGE 14 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN I.C.11-5800 **""*ESTIMATED PERSON-HOURS***'* ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 16.0 PRELIMINARY CONSTRUCTION COST ESTIMATE 16.1 Prepare a construction cost estimate associated with the 2 20 0 20 40 0 0 82 Preliminary Staff Approved Layout.Update the estimate with the Final Staff Approved Layout. SUBTOTAL-TASK 16 2 20 0 20 40 0 0 82 $7,460 17.0 PRELIMINARY DESIGN-MnDOT STAFF APPROVED LAYOUT (30%DESIGN) 17.1 Prepare preliminary geometric layout and profile based on the 24 128 0 120 200 200 2 674 approved concept layout. Coordinate intermediate review of design elements by Eden Prairie,Hennepin County,Mn/DOT,and SWLRT. Preliminary layout and profile will be prepared using current Mn/DOT State Aid and Trunk Highway standards for geometric layout development. 17.2 CADD file and application setup,development and Quality 0 0 0 0 0 25 0 25 Management. 17.3 Review and evaluate existing Shady Oak Road bridge over US 16 40 0 16 0 16 4 92 212 to determine if structure can be salvaged and widened to meet standards and accommodate additional traffic lanes. If existing structure cannot be salvaged,assist City staff and design team with new bridge design parameters(length,width,depth, clearance,etc,)to be used in preliminary layout and construction cost estimates. Prepare Technical Memo that documents existing bridge evaluation. SRF CONSULTING GROUP,INC, WORK TASKS AND PERSON-HOUR ESTIMATE v9012012 MINNEAPOLIS,MN HAPmjects5758S ProjeclManagement1Scopal5oulh Prallminery DesigniShady Oak Road Rasa 2 FINAL 300-12.xlsx PAGE 15 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN I.C.11-5800 ***'*ESTIMATED PERSON-HOURS''''' ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 17.4 Participate in MnDOT Value Engineering(VE)exercise. Meet with 4 20 0 20 20 20 0 84 MnDOT VE team to review project. Modify preliminary geometric layout based on VE review and comments. 17,5 Submit layout and profile to Eden Prairie,Hennepin County and 4 40 0 40 40 40 2 166 MnDOT for review and comment. Make revisions after compiling all comments,as necessary and submit for final approval. Distribute final Staff Approved Layout to City,County and MnDOT. SUBTOTAL-TASK 17 48 228 0 196 260 301 8 1041 $99,042 SRF CONSULTING GROUP,INC, WORK TASKS AND PERSON-HOUR ESTIMATE 1/10/2012 MINNEAPOLIS,MN H:IPrejeds17S66e_PrreeetManagamennSoope5South Preliminary DesigniShady Oak Road Phase 2 FINAL 3-08-12x1sx PAGE 16 OF it CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN LC,11-5800 *****ESTIMATED PERSON-HOURS'"""" ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE TOTAL ESTIMATED PERSON-HOURS 387 769 384 908 1124 769 40 4361 AVERAGE HOURLY BILLING RATES $170 $129 $102 $85 $71 $86 $58 ESTIMATED LABOR AND OVERHEAD $65,790 $99,201 $39,168 $77,180 $79,804 $66,134 $2,320 $429,597 ESTIMATED DIRECT NON-SALARY EXPENSES $1,810 TOTAL ESTIMATED FEE $431,407 ESTIMATE OF DIRECT NON-SALARY EXPENSES: MILEAGE: Personal Vehicles 2000 Miles @ $0.555 $1,110 PRINGING/REPRODUCTION: Copy Duplication 1000 Copies @ $0.10 $100 SUPPLIES: $200 COMMUNICATIONS: Mail,Express,Etc. $400 SUBCONSULTANTS: $0 ESTIMATED DIRECT NON-SALARY EXPENSES $1,810 SRF CONSULTING GROUP,INC. WORK TASKS AND PERSON-HOUR ESTIMATE V1a2012 MINNEAPOLIS,MN HAProjeclsl7580 ProlectMarragemarhScopelSouth Preliminary DeaignlShady Oak Road Phase 2 FINIAL 3-08-12xlsx PAGE 17 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: SHADY OAK ROAD PHASE II-SOUTHERLY SEGMENT PRELIMINARY DESIGN LC.11-5800 """"`ESTIMATED PERSON-HOURS*" ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR,ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 1.0 PROJECT MANAGEMENT $12,580 $19,608 $0 $0 $0 $0 $0 $32,188 2.0 QUALITY CONTROL/QUALITY ASSURANCE $1,700 $2,580 $2,040 $1,700 $568 $0 $0 $8,588 3.0 PROJECT COORDINATION MEETINGS $16,150 $8,385 $0 $2,975 $0 $0 $696 $28,206 4.0 SURVEYING AND MAPPING $0 $2,064 $0 $0 $0 $11,008 $0 $13,072 5.0 CONCEPT LAYOUT $6,460 $6,192 $13,056 $16,660 $4,544 $3,612 $0 $50,524 6.0 PUBLIC INVOLVEMENT $2,550 $5,418 $0 $0 $4,331 $2,236 $464 $14,999 7.0 ENVIRONMENTAL DOCUMENTATION $1,020 $1,935 $0 $2,550 $0 $172 $464 $6,141 8.0 FREEWAY TRAVEL DEMAND FORECASTS $4,760 $0 $2,040 $17,680 $6,816 $688 $0 $31,984 9.0 FREEWAY TRAFFIC OPERATIONS ANALYSIS $3,400 $0 $6,528 $4,080 $23,288 $12,728 $0 $50,024 10.0 INTERCHANGE WARRANT ANLAYSIS $5,100 $3,096 $7,140 $4,590 $0 $1,032 $0 $20,958 11.0 WETLAND REPORT AND PERMITTING $0 $0 $2,448 $0 $0 $0 $0 $2,448 12.0 PRELIMINARY UTILITY COORDINATION $340 $1,290 $0 $3,145 $2,840 $2,064 $0 $9,679 13.0 PRELIMINARY WATER RESOURCES DESIGN $850 $5,547 $5,916 $0 $11,005 $2,236 $232 $25,786 14.0 PRELIMINARY CONSTRUCTION STAGING LAYOUTS $1,020 $5,160 $0 $4,080 $3,408 $2,752 $0 $16,420 15.0 PRELIMINARY RIGHT OF WAY $1,360 $5,934 $0 $1,360 $1,704 $1,720 $0 $12,078 16.0 PRELIMINARY CONSTRUCTION COST ESTIMATE $340 $2,580 $0 $1,700 $2,840 $0 $0 $7,460 17.0 PRELIMINARY DESIGN-MnDOT STAFF APPROVED LAYOUT $8,160 $29,412 $0 $16,660 $18,460 $25,886 $464 $99,042 (30%DESIGN) LABOR SUBTOTAL $65,790 $99,201 $39,168 $77,189 $79,804 $66,134 $2,320 $429,597 EXPENSES $1,810 TOTAL $431,407 SRF CONSULTING GROUP,lNC. WORK TASKS AND PERSON-HOUR ESTIMATE 111 W2012 MINNEAPOLIS.MN HaProjecfsl75661_PrajeclManagemen6Scope4South Preliminary Oesign\Shady Oak Road Phase 2 FINAL 3-06-12xlsx PAGE 113 OF 18 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 10-5780 ITEM NO.: Mary Krause Approve Plan and Specifications and Order VIII.G. Public Works /Engineering Advertisement for Bids for the Prairie Center Drive Watermain Improvements Requested Action Move to: Approve plans and specifications and order advertisement for bids for I.C. 10- 5780, Prairie Center Drive Watermain Improvements. Synopsis With the assistance of HTPO Inc., the Engineering Division has prepared plans and specifications for the Prairie Center Drive Watermain Improvements. Construction of the project is planned to start in May with completion in July. Background Information This project entails installing public watermain to complete a looped watermain system in Prairie Center Drive between West 78 th Street and Prair ie Lakes Drive. This water main will be directionally drilled to m inimize impacts to the adjacen t roadway. In addition, a section of watermain in the boulevard of Prairie Center Driv e west of Preserve B oulevard is going to be replaced due to numerous watermain breaks in the existing watermain pipe. All work will take place within existing public right of way or easements. Financial Implications The current total project cost estimate is approximately $262,000. Funding for this project will be through the Water Capital Fund. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 04-5626 ITEM NO.: VIII.H. Leslie Stovring Approve Professional Services Engineering Agreement for 2012 Water Monitoring Program Requested Action Move to: Approve Professional Services Agreement with Blue Water Science for the 2012 water quality monitoring program in the amount of$45,880. Synopsis The proposal from Blue Water Science continues the City's ongoing monitoring program for water quality and use of low-impact water treatment alternatives to help maintain water quality within our lakes. The program requires ongoing monitoring to evaluate wa ter quality trends as many of our lakes are listed as im paired waters by the State of Minnesota for excess nutrients. The costs of lake improvement and monitoring projects are paid out of the stormwater utility. Background Information The budget for the water quality sam pling program is established in the City's Local W ater Management Plan. City staff m et with the Ni ne Mile Creek and Rile y-Purgatory-Bluff Creek Watershed Districts to discuss pr ojects proposed for 2012 i n order to coordinate activities. The following actions are proposed: • Water quality and aquatic plant surveys for Red Rock and Duck Lake watersheds to provide information for the City's 2012 stormwater pond sampling program. This inform ation will be used to develop baseline data for future water quality improvement projects. • Water quality sampling and aquatic plant surveys for Birch Island and Sm etana Lakes. This will help establish baseline conditions for the lakes for comparison with the Nine Mile Creek District's water quality improvement projects that are currently ongoing. • Water quality sampling for Eden, Mitchell, Riley and Round Lakes and aquatic plant surveys for Round and Staring Lakes. • Aquatic Invasive Species (AIS) Assessment for Mitchell, Red Rock, Riley and Round Lakes. The AIS Assessm ent will inc lude review of habitat suitability for a wide spectrum of potential invasive species, including zebra mussels, quagga mussels, rusty crayfish, curlyleaf pondweed and Eurasian water m ilfoil. The as sessment will evaluate potential sp read and density of AIS if they are introduced into the lake. The Consultant is proposing to have Draft reports completed by March 15, 2013 for presentation at a Conservation Comm ission meeting in the spring. The estim ated cost for 2012 is $45,880 and will be paid from the storm water utility fund. Attachment Proposal for 2012 Water Monitoring Program Rev. 8-11-2011 Standard Agreement for Professional Services This Agreement is made on the 20th day of March , 2012, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Blue Water Science , a Minnesota Company (hereinafter 'Consultant") whose business address is 550 S. Snelling Ave., St. Paul, MN 55116 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Water Quality Monitoring Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" ( Proposal dated March 8, 2012 ) in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2 Term. The term of this Agreement shall be from March 20, 2012 through _Mav 1:2, 2013 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3, Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $45.880 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 8-11-2011 4. City information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work, The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A, C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 36, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 5. Project Manager and Staffing. The Consultant has designated Steve McComas and to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms 2 Rev, 8-11-2011 established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 0. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 1 1, Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age, The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such 3 Rev. 8-11-2011 work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City, 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17, Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18, Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but 4 Rev. 8-11-2011 not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C, The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a, Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted, d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. 5 Rev. 8-11-2011 h. 'Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing, In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c, All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie'; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt 6 Rev. 8-11-2011 thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification, Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation: or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21, Ownership of Documents, All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation, Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement 7 Rev. 8-1'1-2011 resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having Jurisdiction thereof. 23, Governing Law. This Agreement shall be controlled by the laws of the State of Mir nesola, 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial Interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void, Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME : BLUE. WA-viRP GI ,ACE_ By: )\0 Y u- . Its: O\N hi I; 550 South Stiolling Ave - 651.690,9602 St. Paul, MN 551.16 / Cl JM mccomas@pciink.com APPENDIX A PROPOSAL To: Leslie A. Stovring, Environmental Coordinator From: Steve McComas, Blue Water Science Date: March 8,2012 Re: 2012 Water Quality Sampling Program Proposal for Eden Prairie This is a proposal to provide sampling services for Eden Prairie's lakes and ponds to establish baseline water quality data for projects and TMDL analyses that may be required in the future. All data collected must be entered into the Minnesota Pollution Control Agency's water quality database,which is currently the STORET system. The sampling program includes the components outlined below. TASK 1—ROUND LAKE WATERSHED Task 1.1- Water Quality Sampling-Lake The City is exploring options for future management of Round Lake and would like to maintain a consistent data set for the lake. In order to meet the requirements established by the Riley-Purgatory- Bluff Creek Watershed District for their sampling protocol,the following samples must be collected every other week from May through October. Parameters to be analyzed in the field will include the following: • Secchi disc • Temperature(for a lake profile) • Dissolved oxygen(for a lake profile) • Conductivity • pH Parameters to analyzed by a laboratory will include the following: • Total phosphorus • Orthophosphate • Chlorophyll a • Ammonium • Nitrate/nitrite • Total Kjcldahl nitrogen • Calcium • Alkalinity Tusk 1.2-Phosphorus Sampling in Round Lake and Bren Lane Pond Hypolimnetic total phosphorus will he sampled once per month from May through October to characterize sediment phosphorus release in Round Lake. Also, total phosphorus will be sampled once per month from May through October in Bren Lane Pond. -I- TASK 2--RED ROCK 1 DUCK LAKE WATERSHEDS Collect samples monthly from Red Rock and Duck Lakes. The information will be used for the stor mwatcr pending analysis being conducted in 20)2 by Wenck&Associates. Parameters to be analyzed in the field will include the following: • Secchi disc • Temperature (for a lake profile) • Dissolved oxygen(for a lake profile) • Conductivity • pH Parameters to analyzed by a laboratory will include the following: • Total phosphorus • Orthophosphate • Chlorophyll a • Ammonium • Nitrate/nitrite • Total Kjeldahl nitrogen • Total Suspended Solids(TSS) (mixed sample) • Calcium • Alkalinity TASK 3—LAKE WATER QUALITY SAMPLING Additional lakes to be sampled include the following: • Birch Island Lake • Eden Lake • Mitchell Lake • Riley Lake • Smetana Lake The lakes shall be sampled at a minimum ot'every other week and shall include the following parameters: • Secchi disc • Temperature(for a lake profile) • Dissolved oxygen(for a lake profile) • Conductivity • pH • Total phosphorus • Chlorophyll a • Total Kjeldahl nitrogen • Total Suspended Solids(TSS)(mixed sample) • Calcium • Alkalinity The quote includes a price per lake for water quality sampling and analysis, -2- TASK 4—VEGETATION SAMPLING Two point-intercept vegetation surveys per season will be conducted to measure the current extent of invasive species such as curly leaf pondweed,Eurasian watermilfoil and brittle naiad as well as the types and diversity of overall vegetation present in the lake for the following: • Red Rock Lake • Duck Lake • Round Lake • Staring Lake TASK 5—AQUATIC INVASIVE SPECIES ASSESSMENT AND NUTRIENT RELEASE POTENTIAL Aquatic invasive species(AIS)assessments will be conducted for the following lakes; • Mitchell Lake • Red Rock Lake • Riley Lake • Round Lake The MS Assessment will include review of habitat suitability for A1S(such as curlyleaf pondweed, Eurasian water milfail,zebra mussels, quagga mussels and rusty crawfish)and nutrient release potential, The assessment will include review of existing data,collection of bottom substrate samples for analysis (a minimum of phosphorus, iron,sulfate,pH,organic matter and bulk density)and sediment characterization. TASK 6-REPORT REQUIREMENTS Once the analysis is completed a final report must be prepared which summarizes the results for each individual water body sampled. The report must include the following information; • Analysis of existing conditions • AJS suitability assessment results • Recommendations for future actions A Draft report must be submitted for review and approval prior to finalization of the report. The Drafts must be submitted by March 15,2013. The final report must be submitted within 30 days of approval of the Draft. The Consultant anticipates one meeting with City Staff and one meeting with the Conservation Commission to present the results of the project, Two (2)original,stapled copies and one(1) PDF copy of each Final Report must be submitted. -3- Costs for Tasks 1, 2, and 3 for 2012: Water Sampling and Pond Fish Projects Monthly 2/Month 2/Month Costs 'Total May-Oct May.Qct May-Oct Costs Secchl.Temp,Diss Secchi,Temp.❑€ss Secchi disc, oxygen,Conductivity,pH, oxygen,Conductivity.pH, Temperature, TP,OP,Chl,NH3,NO3- TP,OP,Chl,NH31 NO3- Dissolved oxygen, Labor For Lab Report NO2,TKN,TSS,Calcium, NOR,TKN,Calcium, CanduIivlly,pH,TP, Sampling Costs Costs Alkalinity Alkalinity Chl TASK 1. ROUND LAKE WATERSHED:Lake and Pond Sampling — 1.1. Round Lake 12 sampling trips $1,100 12 x$1B0 $600 $3,56o sampling =$2,160 1.2. Round Lake and 12 x$20 Bran Lane phosphorus $300 $240 $200 $740 sampling Subtotal $4,600 TASK 2. RED ROCK/DUCK LAKE WATERSHED:Lake and Pond Sampling • 2.1 Red Rock Lake 6 sampling trips $600 8 x$210= $500 $2,350 sampling $1,260 Duck Lake sampling 6 sampling trips $600 6 x$210- $500 $2,360 $1,260 2,2. Red Rook Pond 12 sampling trips $1,100 12 x$60= $500 $2,320 (1t6.42-A)sampling $720 Subtotal $7,040 TASK 3. LAKE WATER QUALITY SAMPLING Birch island 12 sampling trips _ $1,100_ $720 $600 $2,420 Eden 12 sampling trips $1,100 $720 $600 $2,420 Mitchell 12 sampling trips $1,100 $720 $600 $2,420 Riley 12 sampling trips $1,100 $720 $600 $2,420 Smetana 12 sampling trips $1,100 $720 $su0 $2,420 Subtotal $12,100 4- Costs for Tasks 4, 5, and 6 for 2012: Aquatic Plant Surveys and AIS Assessments Lake Sediment Lake Sediment Point Costs Total Collection end Samples to be Intercept Costs Sediment Collected(16 Plant Characterization for parameters will be Surveys Total Lab Report Non-Native analyzed for each (frequency) Labor For Costs Costs Colonization sample) Surveys TASK 4. VEGETATION SAMPLING(all surveys will be point-Intercept surveys) Duck(41 ac) 2 surveys $2,200 $0 $700 $2,900 Red Rock(91 ac) 2 surveys $2,800 $0 $700 $3,500 Round(33 ac) -- _ 2 surveys $2,200 $0 $700 $2,900 Staring(155 Sc) 2 surveys $1,600 $0 $500 $2,100 Subtotal _ $11,400 TASK 5. AQUATIC INVASIVE SPECIES ASSESSMENT AND PHOSPHORUS RELEASE Mitchell(112 ac) 6 hours 20 $600 $1.200 $1,300 $3,100 Red Rock(91 ac) 6 hours 16 $600 $960 $1,300 $2,860 Riley(300 ac) 7 hours 28 $700 $1,680 $1,300 $3,680 ROund(33 ac) completed completed $0 $0 $1,100 $1,100 Subtotal _ _ $16,740 TASK 6, REPORT REQUIREMENTS Report preparation — Included Two meetings included Subtotal $p Total Proposed Costs Task 1 $4,600 Task 2 $7,040 Task 3 $12,100 Task 4 $11,400 Task 5 $10,740 Task 6 $0 Total $45,880 Thank you, Steve McComas,Owner Blue Water Science -5- CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Robert Ellis A Resolution Concurring with the Public Works Director Proposed Hennepin County Revocation Requested Action Move to: Adopt Resolution concurring with the proposed Hennepin County revocation. Synopsis Hennepin County wishes to revoke 15,052 square feet of property located at 11320 Valley View Road. Minnesota Statute § 162.02, Subd. 10 states that"County state-aid highways may be abandoned, changed, or revoked by joint action of the County Board and the Commissioner. If a county state-aid highway is established or located within the limits of a city, it shall not be abandoned, changed, or revoked without the concurrence of the governing body of the city where located. Background Information This revoked land is no longer needed by Hennepin County. This property serves as a parking area for the existing business. A permanent easement will be placed on the property for public and private utilities. Attachments • Resolution • Exhibit CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION CONCURRING WITH THE PROPOSED HENNEPIN COUNTY REVOCATION WHEREAS, Minnesota Statute § 162.02, Subd. 10 states that "County state-aid highways may be abandoned, changed, or revoked by joint action of the County Board and the Commissioner. If a county state-aid highway is established or located within the limits of a city, it shall not be abandoned, changed, or revoked without the concurrence of the governing body of the city where located; and WHEREAS, Hennepin County seeks the revocation of certain property, legally described on Exhibit A hereto (hereinafter the "Property") located in the City of Eden Prairie; and WHEREAS, the Property is the excess right-of-way to a county state-aid highway; and WHEREAS, pursuant to Minnesota Statute § 162.02, Subd. 10, Hennepin County may not revoke a county state-aide highway the Property without the concurrence of the City of Eden Prairie. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that in accordance with Minnesota Statute § 162.02, Subd. 10 that the City of Eden Prairie is in concurrence with the proposed Hennepin County revocation of the Property. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A That part of the east 600.00 feet of Government Lot 4, Section 11, Township 116, Range 22, Hennepin County, Minnesota lying northwesterly of U.S. Trunk Highway No. 169, as described in Final Certificate recorded as Document No. 944452, southwesterly of the northerly line of Valley View Road, and lying northeast of a line parallel with, and 67.50 feet northeasterly of a line described as beginning at a point on the east line of said Section 11, distant 1226.34 feet north of the southeast corner thereof; thence Northwesterly, deflecting 47 degrees 04 minutes 08 seconds with said east line, a distance of 1000.00 feet and said line there terminating. Said parcel contains 15,052 square feet, more or less. Reserving to the County of Hennepin a permanent easement for utility purposes over the land herein being conveyed. Also reserving to the County of Hennepin the right to restrict all right of access, being the right of ingress and egress from the land herein being conveyed to Bryant Lake Dr. Also reserving to the County of Hennepin all mineral rights in said land pursuant to Minnesota State Statute Section 373.01. Excess Right of Way on County Road 39 adjacent to 11320 Valley View Road, Edina w 140 :.• 1 " a • 1.7' .f NH-- ,.tr,... ,I. .44:12.2Ch VaLley Viei.-)F1.7.r3.3 . ..,:It _ - �x` / . ' .Y. #k i illIII . -...1jvwrI'tv.. 7).1.2,, i OkilltS*--. t. .r., ' • I i. .. 13 • x ,; A CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5799 Adopt ITEM NO.: VIII.J. Randy Newton Resolution Authorizing Acquisition of Public Works /Engineering Easements for the northern segment of the Shady Oak Road Improvements Requested Action Move to: Adopt resolution authorizing the City Engineer and City Attorney to pursue the acquisition of easements for the northern segment of the Shady Oak Road Improvements. Synopsis This process is necessary to obtain the easements required for the construction of the proposed Shady Oak Road Improvements. Background Information The northern segment of the Shady Road Improvements will provide additional capacity along Shady Oak Road and includes the widening and reconstruction of Shady Oak Road from approximately 800 feet north of Rowland Road to north of the Highway 62 North Ramp intersection. The proposed project will add turn lanes, trails and a median along Shady Oak Road. In addition new traffic signals will be provided at the City West Parkway(Old Shady Oak Road), Highway 62 South Ramp (West 62nd Street) and the Highway 62 North Ramp intersections. Construction on this phase is anticipated to begin in late 2012 and extend through 2013. Financial Implications The total cost of the northern segment of the Shady Pak Road Improvements is estimated to be $10.5 million. As defined in the UnitedHealth Group (UHG) Developer's Agreement UHG is almost entirely responsible for these project costs. In addition,both Hennepin County and the City of Eden Prairie have a small share of the project cost. The City of Eden Prairie share which is approximately $400,000 will be funded by Municipal State Aid. Attachments • Resolution • Exhibit showing the affected properties CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012 - RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS I.C. 11-5799 WHEREAS, the Eden Prairie City Council previous ly ordered the design of the northern segment of the Shady Oak Road Improvements (I.C. 11-5799); and WHEREAS,the easements over adjoining property are required to construct the improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie C ity Council that the City Engineer and City Attorney are hereby author ized to acq uire the necessary eas ements, by negotiation or condemnation, on the following properties: Parcels 01-116-22-22-0012, 01-116-22-22-0013, 01-116-22-24-0043, 01-116-22-23-0010, 01-116-22-23-0011, 01-116-22-23-0012, 02-116-22-11-0028, 02-116-22-11-0021, 02-116-22-14-0049, 02-116-22-14-0045, 36-117-22-33-0015, 36-117-22-33-0021 and 36-117-22-33-0022. ADOPTED by the Eden Prairie City Council on March 20, 2012 Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 1 1 k' 7 3. .t L • .. ^k --Z 2.33 txz.2 la 4 � B AP ' :. � � `� r: � { � " -13 11 •-ZZ-ZZ-5(3\2 ' ('7 Z •-t1C�-Z2•�1\- Z£ • _ �,, 1 • -C1UCS2t e 2-t'. -ZZ s C • tib iZ-lI(4%-22 (J4 y is .J H .. ,,,,,,,, ,,,_,,,,,,,,, ,,.:,.,.::::,, , .,,,r4,,,_1-\�1'd- 2 -23 CJv�3 „4,.,,,,,,,,,2„,--. 63,0',,i.: '‘\.• :,;.: •„' ...':-•.-,,,..„ ' 1 °. lift% $1fi 7,2_Z3:_vc,�2°, � a� %1(p 22 1y CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5799 ITEM NO.: VIII.K. Randy Newton Approve Joint Powers Agreement with Public Works /Engineering Minnetonka for the northern segment of the Shady Oak Road Improvements Requested Action Move to: Approve Joint Powers Agreement with Minnetonka for the northern segment of the Shady Oak Road Improvements. Synopsis The Joint Powers Agreement provides the City of Eden Prairie the necessary authority to design and construct the northern segment of Shady Oak Road Improvements which are partially within the city limits of Minnetonka. Background Information The Joint Powers Agreement details the responsibilities of both Eden Prairie and Minnetonka in implementing the northern segment Shady Oak Improvements. Specifically the agreement provides the City of Eden Prairie the responsibility and the authority to prepare plans and specifications, acquire right-of-way and easements, coordinate and manage private utility relocations and administer the project. The northern segment of the Shady Road Improvements will provide additional capacity along Shady Oak Road and includes the widening and reconstruction of Shady Oak Road from approximately 800 feet north of Rowland Road to north of the Highway 62 North Ramp intersection. The proposed project will add turn lanes, trails and a median along Shady Oak Road. In addition new traffic signals will be provided at the City West Parkway(Old Shady Oak Road), Highway 62 South Ramp (West 62nd Street) and the Highway 62 North Ramp intersections. Construction on this phase is anticipated to begin in late 2012 and extend through 2013. Attachment Joint Powers Agreement JOINT POWERS AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE CITY OF MINNETONKA FOR THE SHADY OAK ROAD PROJECT THIS AGREEMENT is entered into between the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as "Eden Prairie") and the CITY OF MINNETONKA, a Minnesota municipal corporation (hereinafter referred to as "Minnetonka"), with the parties collectively hereinafter referred to as the "Cities". WHEREAS, the Cities desire to implement the design and re-construction of County State Aid Highway 61 (Shady Oak Road) through and including the state highway 62 interchange in the Cities (the "Project"); and WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power; and WHEREAS, the diagram attached as Exhibit A is a Preliminary Design for the Project. NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. PLANS AND SPECIFICATIONS. Eden Prairie will prepare plans and specifications for the Project consistent with Eden Prairie, Minnetonka, Hennepin County and Minnesota Department of Transportation (MNDOT) design standards and shall submit the plans and specifications to the Minnetonka City Engineer for his review and approval of the portion of the plans and specifications affecting property within Minnetonka. Such approval shall be granted if the plans and specifications are consistent with the Preliminary Design presented to Minnetonka with this Agreement. 2. RIGHT-OF-WAY AND EASEMENT ACQUISITION. Eden Prairie will be responsible for all right-of-way and easement acquisition for the Project in both Cities. Pursuant to Minn. Stat. §465.01, Eden Prairie will acquire the necessary right-of- way and easements in Minnetonka for the Project. Upon completion of the Project, Eden Prairie will convey to Minnetonka all right-of-way and easements acquired in Minnetonka that are outside the permanent right-of-way acquired for county highway 61 or state highway 62. 1 3. PRIVATE UTILITY COORDINATION. As the lead agency for the project Eden Prairie will be responsible for all private utility coordination required for the Project in both Cities. For the purposes of designing and constructing this project Minnetonka transfers all right-of-way management authority in respect to private utilities to Eden Prairie. However, each City shall maintain its permitting authority within its respective City limits. 4. BIDDING. Eden Prairie will advertise for bids for the construction of the Project in accordance with Minnesota law and will provide Minnetonka with an analysis of the bids received. 5. CONTRACT AWARD. Eden Prairie will prepare the contract documents and enter into a contract with the approved bidder. Eden Prairie anticipates that the Project will be constructed in 2012 and 2013, with significant completion of the project occurring in 2013. 6. COOPERATIVE AGREEMENT. Both Cities agree to execute cooperative agreements with Hennepin County and MnDOT as necessary to complete the project. 7. COST ALLOCATION. Minnetonka will not be responsible for any cost of the Project. 8. OWNERSHIP. Each party will own the portion of the Project located within its corporate boundaries, except that portion located within the permanent right-of- ways for county highway 61 and state highway 62. Each party will be responsible for maintenance and re-construction of all improvements within the right-of-way that each owns, subsequent to the end of the Project. 9. PROJECT ADMINISTRATION. Eden Prairie will be responsible for all administration of the Project, in consultation as needed with Minnetonka staff. Eden Prairie staff assigned as administrator for the Project is city engineer Rod Rue. Minnetonka staff assigned as contact for the Project is city engineer Lee Gustafson. Eden Prairie staff will consult with Minnetonka staff in scheduling the construction and will be responsible for notifying Minnetonka of Project sequencing. Eden Prairie will endeavor to minimize disruption to affected Minnetonka property owners to the extent practicable and in accordance with state law. 10. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Minnetonka agrees that Eden Prairie may make changes in the plans and specifications or in the character of the construction which are reasonably necessary to cause the construction to be performed and completed in a satisfactory manner. Minnetonka also agrees that Eden Prairie may enter into any change orders or supplemental agreements for 2 the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, as long as these are within the original scope of the Project. 11. RULES AND REGULATIONS. Eden Prairie shall abide by all applicable Hennepin County and Minnesota Department of Transportation standard specifications, rules and contract administration procedures and all applicable state laws. 12. INDEMNIFICATION. Eden Prairie agrees to defend, indemnify, and hold harmless Minnetonka against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Eden Prairie and/or those of Eden Prairie employees or agents. . Minnetonka agrees to defend, indemnify, and hold harmless Eden Prairie against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Minnetonka and/or those of Minnetonka employees or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for both Parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against both Parties from a single occurrence to be defended by a single attorney. 13. WAIVER. Any and all persons engaged in the work to be performed by one party to this Agreement shall not be considered employees of the other party to this Agreement for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of the employment context on behalf of the employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of one party's employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the other party. 14. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Eden Prairie and Minnetonka relevant to the Agreement are subject to examination by Eden Prairie, Minnetonka, and either the Legislative Auditor or the State Auditor as appropriate. Eden Prairie and Minnetonka agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 15. DATA PRACTICES ACT. The Parties shall at all times abide by the 3 Minnesota Government Data Practices Act, Minn. Stat. Chapter 13. 16. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement supersedes all prior negotiations, representations, or agreements between Eden Prairie and Minnetonka regarding the Project; whether written or oral. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF EDEN PRAIRIE CITY OF MINNETONKA BY: BY: Nancy Tyra-Lukens Mayor Terry Schneider, Mayor AND AND Rick Getschow, City Manager John Gunyou, City Manager 4 aP \\ Y 4 a; P _ 5S \'';', , . .!ra:' ''_ ',k4414,0 —RI ''' ' ; 41; '5 a:t 1 f eE135:3e elE A4 :yE 1 D11110111II®00 71 1 1 .4. \ ,I 2 RED CIRCLE OR' . 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Ar- . . . r \ � s � ��vv � ] • 'fin �A. ��" "\ a Fine X I r ••e � �E e ° E• S r iey i 6. r ` : Eff il • �• w w 1 f; 1111111110®ooI 1 I ‘ 9rt; L 44, ..i � 3•, - _ # l ie / o . \ WO I ' �- -'t y 4g 4*44;: /tee, .. , r CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2012 DEPARTMENT ITEM DESCRIPTION: ITEM NO.: VIII.L. Office of City Manager Kathleen Porta, City Clerk Resolution Establishing Precinct and Polling Places Requested Action Move to: Adopt the resolution establishing precincts and polling places. Synopsis The Legislature of the State of Minnesota has been redistricted and precinct boundaries must be reestablished. Background Precinct boundaries were changed due to new legislative boundaries or to redistribute voter population as needed. There are no boundary changes for Precincts 1, 2, 5, 8, 9, 10, 11, 13, 17, 18 and 19. There is one polling place change: Precinct 1, Prairie View Elementary School replaced King of Glory which was sold for development. Precinct Boundary Requirements: • Precincts must be arranged so that no precinct lies in more than one legislative or congressional district • The boundaries of election precincts must follow visible, clearly recognizable physical features ("visible, clearly recognizable physical feature" means a street,road, boulevard, parkway, river, stream, shoreline, drainage ditch, railway right-of-way, or any other line which is clearly visible from the ground. A street or other roadway which has been platted but not graded is not a visible, clearly recognizable physical.) • No population requirements in statutes—needs to be a size where the elections can be administered efficiently Attachments Resolution Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION ESTABLISHING PRECINCT BOUNDARIES AND POLLING PLACES WHEREAS, the Legislature of the State of Minnesota has been redistricted; and WHEREAS, Minnesota Statute section 204B.14, subd. 3 (d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first. NOW, THEREFORE BE IT RESOLVED that the City Council of Eden Prairie hereby establishes the boundaries of the voting precincts and polling places as: Precinct 1 (Prairie View Elementary School, 17255 Peterborg Rd) Beginning at the Northwest corner of the City ofEden Prairie; thence southerly along the Wsterly Boundary of Eden Prairie (approximately Minnesota State Highway 101)to Dick Lake Trail;thence southeasterly along Duck Lake Trail to Dell Road thence southerly along Dell Road to Duck Lake Trail;thence easterly along Duck Lake Trail to Duk Lake Road; thence northerly along Duck Lake Road to the Northerly Boundary of Eden Praini(approximately Hennepin County Road 62); thence westerly along said Northerly Boundary to the beginning. Precinct 2 (Eden Prairie Assembly of God, 16591 Duck Lake Trail) Beginning at the intersection of the Northerly Boundary of Eden Prairie (approximately Hennepin County Road 62) and Duck Lake Road; thence s outherly along Duck Lake Road to Valley View Road; thence easterly along Valley View Road to the Twin Cities and W estern Railroad; thence northeasterly along said Railroad to the NortherlyBoundary of Eden Prairie; thence westerly along said Northerly Boundary to the beginning. Precinct 3 (Immanuel Lutheran Church, 16515 Luther Way) Beginning at the intersection of the Northerly Boundary of Eden Prairie (approximately Hennepin County Road 62) and the Twin Cities and W estern Railroad; thence southwesterly along said Railroad to Valley View Road; thence easterly along Valley View Road to the Hennepin County Light Rail Transit Authority Corridor; thence north easterly along said Corridor to the Northerly Boundary of Eden Prairie; thence westerly along said Northerly Boundary to the beginning. Precinct 4 (Life Church, 14100 Valley View Road) Beginning at the intersection of the Hennepin Coun$Light Rail Transit Auhority Corridor and the Northerly Boundary of Eden Prairie (approxi mately Hennepin County Road 62); thence southwesterly along said Corridor to Minnesota State Highway 5; thence easterly along said State Highway 5 to Hennepin County Road 60 (a.k.a. Mitchell Road); thence northerly along said Hennepin County Road 60 [a.k.a. Mitchell Road] to th Northerly Boundary ofEden Prairie; thence westerly along said Northerly Boundary to the beginning. Precinct 5 (Prairie Hill Evangelical Free Church, 17200 Valley View Road) Beginning at the intersection of the Westerly Boundary of Eden Prairie (approximately Minnesota Trunk Highway 101)and Duck Lake Trail; thence southerly along said Westerly Boundary to the Northerly Boundary of the Chanhassen Exception to Eden Prairie (approximately the Twin Cities and Western Railroad ; thence northeasterly along said Northerly Boundary Exception to its intersection with the Easterly Boundary of the Chnhassen Exception to Eden Prairie(approximately Dell Road); thence continuing northeasterly along the Twin Cities and Western Railroad to Valley View Road; thence northwesterly along Valley View Road to Duck Lake Road; thence northerly along Duck Lake Road to Duck Lake Trail; thence westerly along Duck Lake Trail to Dell Road; thence northerly along Dell Road to Duck Lake Trill;thence northwesterly along Duck Lake Trail to the beginning. Precinct 6 (Christ Lutheran Church, 16900 Main Street) Beginning at the intersection of the Twin Cities ad Western Railroad and the Easterly Boundary of the Chanhassen Exception to Eden Prairie (approximately Dell Road); thence southerly along said Easterly Boundary Exception to Minnesota Stat e Highway 5; thence easterly along said State Highway 5 to the Hennepin County Light Rail Transit Authority Corridor; thence northeasterly along said Corridor to Valley View Road; thence westerly along Valley View Road to the Twin Cities and Western Railroad; thence southwesterly along said Railroad to the beginning. Precinct 7 (City Hill Fellowship, 12901 Roberts Drive) Beginning at the intersection of the Northerly Boundary of Eden Prairie (approximately Hennepin County Road 62) and Hennepin County Road 60 (a.k.a. Baker Road); thence southerly along said Hennepin County Road 60 [a.k.a. Baker Road/Mitchell Road] to Minnesota State Highway 5; thence easterly along said State Highway 5 to U.S. Interstate Highway 494; thence northwesterly along said Highway 494 to the Northerly Boundary of Eden Prairie; thence westerly along said Northerly Boundary to the beginning. Precinct 8 (Wooddale Church, 6630 Shady Oak Road) Beginning at the intersection of the Northerly Boundary of Eden Prairie (approximately Hennepin County Road 62) and U.S. Interstate Highway 494; thence southeasterly and easterly along said Highway 494 to the Easterly Boundary of Eden Pairie(approximately Washington Avenue); thence northerly along said Easterly Boundary to the Norherly Boundary of Eden Prairie; thence westerly along said Westerly Boundary to the beginning. Precinct 9 (Resurrection Life Church, 16397 Glory Lane) Beginning at the intersection of the Easterly Bounday of the Chanhassen Exception to Eden Prairie (approximately Dell Road) and Minnesota State Highway 5;thence southerly along said Easterly Boundary Exception to the intersection with the %utherly Boundary ofthe Chanhassen Exception to Eden Prairie; Thence westerly along said Southerly Boundary to the Westerly Boundary of Eden Prairie; thence southerly along said westerly Boundary to U.S State Highway 212; thence easterly along said Highway 212 to Hennepin County Road 4 [a.k.a. Eden Prairie Road 4; thence northerly along said Hennepin County Road 4 [a.k.a. Eden Prairie Road] to the Hennepin County Light Rail Transit Authority Corridor;thence northeasterly along said Corridor to Minnesota State Highway 5; thence westerly along said Highway 5 to the beginning. Precinct 10 (Eden Prairie United Methodist Church, 15050 Scenic Heights Road) Beginning at the intersection of the Hennepin C ounty Light Rail Transit Authority Corridor and Minnesota State Highway 5; thence southwesterly along said Corridor to Hennepin County Road 4 (a.k.a. Eden Prairie Road); thence southerly along sad County Road 4[a.k.a. Eden Prairie Road] to Hennepin County Road 1 (a.k.a. Pioneer Trail); thence easterly along said County Road 1[a.k.a. Pioneer Trail] to Staring Lake Parkway; thencenortheasterly along Staring Lake Parkway to Twin Lakes Crossing;thence northwesterly along Twin Lakes Crossing to Mitchell Road; thence northerly along Mitchell Road to Minnesota State Highway 5; thence westerly to the beginning. Precinct 11 (St. Andrew Lutheran Church, 13600 Technology Drive) Beginning at the intersection of Hennepin County Road 60 (a.k.a. Mitchell Road) and Minnesota State Highway 5; thence southerly along Mitchell Rad to Anderson Lakes Parkway;thence easterly and southeasterly and easterly along Anderson Lakes Parkway to Hennepin County Road 61[a.k.a. Flying Cloud Drive]; thence northerly and north easterly along Hennepin County Road 61[a.k.a. Flying Cloud Drive] to U.S. Interstate Highway494;thence northwesterly along said Highway 494 to Minnesota State Highway 5; thence southwesterly and westerly along said State Highway 5 to the beginning. Precinct 12 (Eden Prairie Community Library, 565 Prairie Center Drive) Beginning at the intersection of Hennepin Count y Road 61[a.k.a. Flying Cloud Drive] and U.S. Interstate Highway 494; thence southerly and southwesterly along said Hennepin County Road 61[a.k.a.Flying Cloud Drive] to Prarie Center Drive; thence easterly along Prairie Center Drive to Franlo Road; thence southerly and easterly along Franlo Road to Grier Lane; thence southerly and easterly along Grier Lane to Preserve Boulevard; thence southerly along Preserve Boulevard to Anderson Lakes Parkway; thence easterly, southeasterly and northeasterly along Anderson Lakes Parkway to the easterly boundary of Eden Pr airie (approximately U.S. Highway 169); thence northerly along said easterly boundary to U.S. Interstate Highway 494; thence westerly and northwesterly along said Highway 494 to the beginning. Precinct 13 (Hennepin Technical College, 13100 College View Lane) Beginning at the intersection of Mitchell Road and Anderson Lakes Parkway; thence southerly along Mitchell Road to Twin Lakes Crossing; thence eutheasterly along Twin Lakes Crossing to Staring Lake Parkway; thence southwesterly along Star ing Lake Parkway to Hennepin County Road 1 (a.k.a.Pioneer Trail); thence southeasterly along sad Hennepin County Road 1 [a.k.a. Pioneer Trail] to Hennepin County Road 61 [a.k.a. Flying CloucDrive];thence northeasterly and northerly along said Hennepin County Road 61 [a.k.a. Flying Cloud Drive] to Anderson Lakes Parkway; thence westerly and northwesterly along Anderson Lakes Parkway to the beginning. Precinct 14 (Pax Christi Community, 12100 Pioneer Trail) Beginning at the intersection of Hennepin County Road 61 [a.k.a. Flying Cloud Drive] and Purgatory Creek; thence southwesterly along said Hennepin County Road 61 [a.k.a. Flying cloud Drive] to Riley Creek; thence southeasterly along Riley Creek to Grass Lake; thence southwesterly along the westerly, southwesterly and southerly edge of Grass Lake to the Grass Lake Outlet; thence southerly and southwesterly along said Outlet to the Southerly Boundary of Eden Prairie (approximately the Minnesota River); thence southeasterly, easterly and northeasterly along said Southerly Boundary to the Easterly Boundary of Eden Prairie (approximately U.S. Highway 169); thence northerly along said Easterly Boundary to Riverview Road; thence westerly along Riverview Road to Purgatory Creek; thence westerly, northwesterly, northerly, northeasterly and easterly along Purgatory Creek to said Hennepin County Road 1 [a.k.a. Pioneer trail]; thence northwesterly and westerly along said Hennepin County Road 1 [a.k.a. Pioneer trail] to Homeward Hills Road; thence northerly along Homeward Hills Road to Purgatory Creek; thence westerly, northwesterly and southwesterly along Purgatory Creek to the beginning. Precinct 15 (Eden Lake Elementary School, 12000 Anderson Lakes Parkway) Beginning at the intersection of Hennepin County Road 61[a.k.a. Flying Cloud Drive] and Prairie Center Drive; thence southerly and southwesterly along said Hennepin County Road 61[a.k.a. Flying Cloud Drive] to College View Drive; thence easterly along said College View Drive to Cold Stream Lane; thence southerly along Cold Stream Lane to Vanderbilt Avenue; thence easterly along Vanderbilt Avenue to Princeton Avenue; thence easterly and southeasterly along Princeton Avenue to Homeward Hills Road; thence southerly along Homeward Hills Road to Sunnybrook Road; thence easterly along Sunnybrook Road to Olympia Drive; thence northerly along Olympia Drive to Mount Curve Road; thence southeasterly and easterly along Mount Curve Road to Franlo Road; thence northerly along Franlo Road to Anderson Lakes Parkway; thence northwesterly, westerly and southwesterly along Anderson Lakes Parkway to Preserve Boulevard; thence northerly along Preserve Boulevard to Grier Lane; thence westerly and northerly along Grier Lane to Franlo Road; thence westerly and northerly along Franlo road to Prairie Center Drive; thence northwesterly along Prairie Center Drive to the beginning. Precinct 16 (Pax Christi Community, 12100 Pioneer Trail) Beginning at the intersection of Anderson Lakes Parkway and Franlo Road; thence southerly along Franlo Road to Mount Curve Road; thence westerly and northwesterly along Mount Curve Road to Olympia Drive; thence southerly along Olympia Drive to Sunnybrook Road; thence westerly along Sunnybrook Road to Homeward Hills Road; thence northerly along Homeward Hills Road to Princeton Avenue; thence northwesterly along Princeton Avenue to Vanderbilt Avenue; thence westerly along Vanderbilt Avenue to Cold Stream Lane; thence northerly along Cold Stream Lane to College View Drive; thence westerly along College View Drive to Hennepin County Road 61[a.k.a Flying Cloud Drive]; thence southerly and southwesterly along Hennepin County Road 61[a.k.a. Flying Cloud Drive] to Purgatory Creek; thence easterly, northeasterly and southeasterly along Purgatory Creek to Homeward Hills Road; thence southerly along Homeward Hills Road to Hennepin County Road 1 (a.k.a. Pioneer Trail); thence southeasterly along said Hennepin County Road 1[a.k.a. Pioneer Trail] to the Easterly Boundary of Eden Prairie (approximately U.S. Highway 169); thence northerly along said Easterly Boundary to Anderson Lakes Parkway; thence westerly along Anderson Lakes Parkway to the beginning. Precinct 17 (Prairie Lutheran Church, 11000 Blossom Road) Beginning at the intersection of Hennepin County Road 1 (a.k.a. Pioneer Trail) and the Easterly Boundary of Eden Prairie (approximately U.S. Highway 169); thence northwesterly along said Hennepin County Road 1[a.k.a. Pioneer Trail] to Purgatory Creek; thence easterly, southeasterly, southerly, southwesterly and westerly along Purgatory Creek to Riverview Road; thence easterly along Riverview Road to the Easterly Boundary of Eden Prairie; thence northerly along said Easterly Boundary to the beginning. Precinct 18 (Eden Prairie Presbyterian Church, 9145 Eden Prairie Road) Beginning at the intersection of U.S. Highway 212and Hennepin County Road 4 [a.k.a. Eden Prairie Road]; thence westerly along said U.S. Highway 212 to the Westerly Boundary of Eden Prairie; thence southerly along said Westerly Boundary of Eden Prairie to Hennepin County Road 1 (a.k.a. Pioneer Trail); thence northeasterly and easterlyalong said Hennepin CountyRoad 1[a.k.a.Pioneer Trail] to Hennepin County Road 4 (a.k.a. Eden Prairie Road); thence northerly and northwesterly along said Hennepin County Road 4 [a.k.a. Eden Prairie Road] to the beginning. Precinct 19 (Grace Church, 9301 Eden Prairie Road) Beginning at the intersection of the M esterly Boundary of Eden Prairie and Hennepin County laad 1 [a.k.a. Pioneer Trail]; thence southerly along saidWesterly Boundary to the Southerly Boundary of Eden Prairie (approximately the Minnesota River);thence northeasterly, easterly and southeasterly along said Southerly Boundary to the Grass Lake Outlet; thence northerly and northeasterly along said Outlet to Grass Lake; thence along the southe rly, southwesterly, westerly and northwesterly edge of Grass Lake to Riley Creek; thence northwesterly along Riley Creek to Hennepin County Road 61[a.k.a. Flying Cloud Drive]; thence nor theasterly along said Hennepin County Road 61[a.k.a. Flying Cloud Drive] to Hennepin Count y Road 1 (a.k.a. Pioneer Trail) thence northwesterly,westerly and southwesterly along said Hennepin County Road 1[a.k.a. Pioneer Trail] to the beginning. Attached to this Resolution, for illustrative purposes, is a map showing said precincts and the location of each polling place. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILM. Police Department Resolution Declaring "Abandoned Property" Lieutenant Bill Wyffels Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachment Resolution - Declaration of Abandoned Property. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, st ereo/electronic equipment, and m iscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RES OLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on March 20, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Abandoned Property for Auction Exhibit A E 'PRAIRIE Property ORI Case Number Description MN0272600 2008-00038768 Easton Magnum Aluminum Baseball Bat MN0272600 2009-00056438 Black Juicy Wallet MN0272600 2011-00037724 Brown Mesh Backpack MN0272600 2011-00037724 JVC KD-G200 Car Stereo MN0272600 2011-00037724 Sudoku Game MN0272600 2011-00037940 Kate Hill Brown Leather Women Purse wMisc Cosmetics Items(contents disposed of on 03-1-2012) MN0272600 2011-00038039 Hardrock Specialized Blue Mens Mtn Bike, 24 Spd MN0272600 2011-00038321 (1)Silver Necklace: Faith "The power of God protects me,The presence of God watches over me." MN0272600 2011-00038321 (1)Silver Womens Watch-No Name Brand MN0272600 2011-00038321 (1)Womans Sterling Silver Necklace wPendant in shape of an "8"wBlack+ Clear Stones MN0272600 2011-00038321 (3) Rings(2-Gold, 1-Silver) MN0272600 2011-00038321 CrossKey Necklace MN0272600 2011-00038321 Gold Diamond Ring MN0272600 2011-00038876 Magna Glacier Point Red 15 spd Bicycle Lock Chain MN0272600 2011-00042044 Conino Lamborghini Urban Grn Ladies 18sp Bike MN0272600 2011-00042213 Mongoose Grind BMX, BlkBlu Child Unisex 1sp w Flat Rear Tire MN0272600 2011-00042256 Next Slumber Party Girls 20" Pink Bicycle MN0272600 2011-00042808 Rampage Thruster 2.0 Boys TanOrange Bicycle MN0272600 2011-00042808 Rampage Thruster 2.0 Boys TanOrange Bicycle MN0272600 2011-00044910 Magna Invader Gray Boys BMX 20" Bicycle MN0272600 2011-00045233 #1a:GrayTebco Fishing Rod wAbu Garcia Ambassadeur Reel Rod S#1545LFTKD-GWD9(found inside item#1) MN0272600 2011-00045233 Rhino Indestructible Fishing Rod and Synergy Shakespeare T1 14 ReelRod Serial#RNS602MLGWC6(Found inside#1) MN0272600 2011-00045233 Rhino Kevlar Fishing Rod and Tebco 404 Reel Rod Model#: RKC562ML MN0272600 2011-00045233 Synergy Shakespeare Fishing Rod and Reel (Rod Model#SASC662MH, wLure, Hook) MN0272600 2011-00045233 Berkely Trilene Fishing Line; 2nd Spool of Clear Fishing Line on White Spool; Maps, Plastic Bags(found inside#1) MN0272600 2011-00045233 Black Nylon Fishing Gear Bag wFish Print MN0272600 2011-00046619 Next Dual Suspension Girls SP21 PinkBlack Bicycle MN0272600 2011-00046676 Huffy Highland Blue Mens 18sp Bicycle MN0272600 2011-00046677 Vertical PK7 SilverRed Mens 21sp Bicycle MN0272600 2011-00046889 (1)Womans Jewelry Ring-Lrg Clear Square Center Stone wBaguette Clear Stones on Either Side,Silver in Color MN0272600 2011-00047735 Gold "B Makowsky"Wallet MN0272600 2011-00048623 Homelite Zip Start,Vac Attack Leaf Blower, BlackRed MN0272600 2011-00048623 Minn Kota Trolling Motor MN0272600 2011-00048928 Huffy Skelanimals Pink Girls Bicycle, 20"Wheels MN0272600 2011-00051638 Huffy Rockit Blue Boy's Bike MN0272600 2011-00051767 Huffy Torsion Silver Boys BMX Bicycle MN0272600 2011-00052506 Schwinn Falcon Blue Boys BMX Bike MN0272600 2011-00053527 Magna Great Divide Rebound Hardtail Purple Womans Bicycle 11/24/2011-03/06/2012 Page 1 of 1 v o L i , Property for Conversion Exhibit B 'PRAIRIE Property ORI Case Number Property Description MN0272600 2008-00020416 Socket Wrench MN0272600 2011-00028410 $5 Cash (5 One Dollar Bills) MN0272600 2011-00028410 Nine Cents Total (1 Nickel, 4 Pennies) MN0272600 2011-00047735 $1 in Cash MN0272600 2011-00052988 $52.37 in Currency 11/24/2011-03/06/2012 Page 1 of 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Community Development Approve Grant Program Agreement for Janet Jeremiah, Director Cornerstone Advocacy Services Molly Koivumaki, Housing and Human Services Manager Requested Action Move to: Approve the grant program agreement which allows the use of up to $18,000 in CDBG funds to rehabilitate the Cornerstone Advocacy Services residences located at 804 1 and 8101 12th Ave S, Bloomington. Synopsis Cornerstone Advocacy Service has provided comprehensive services for victims of domestic abuse and their children for twenty-nine years. Over the past five years, Cornerstone has provided 15,958 hours of direct service to 2021 Eden Prairie residents. Their programming includes the only transitional housing program specifically for this population in Hennepin County This project will involve the replacement of the boilers/furnaces in both buildings. The boilers are over twenty years old and during a recent service call, Centerpoint Energy strongly recommended replacing both boilers. Work to be done includes: • Drain and remove old boilers • Install 2 new high efficiency boilers The CDBG grant funds for this project will come from program income that was received as a result of rehab loan repayments. This will be structured as a grant and not a loan like other rehab activities Background Information Cornerstone Advocacy Service owns the properties to be improved. The property to be improved includes two side by side apartment buildings built in 1964. Attachment Grant Program Agreement CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this 20th day of March, 2012, by and between Cornerstone Advocacy Service, a Minnesota non-profit corporation having its principal place of business at 1000 East 80th Street, Bloomington, MN 55420 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and polit is of the State of Minnesota, having its principa 1 office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, Recipient owns the parcel of prop erty and the two ap artment buildings located thereon legally described on attached Exhibit A and hereinafter re ferred to as the "Real Property"; and WHEREAS, Recipient owns and operates the Real Property for the purpose of providing comprehensive services to Eden Prairie res idents and their children who are victims of domestic abuse; and WHEREAS, the City in tends through this Grant Agreement to provide Recipient with Eighteen Thousand and no/100 dollars ($18,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the term s under which the G rant shall be provided by City to Recipient. NOW, THEREFORE, in conside ration of said Grant, the receipt and sufficiency of which is hereby ackno wledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. Recipient shall us e the Grant proceeds s olely to pe rform rehabilitation work(the "Work") on the Real Property. Said Work shall be to drain and remove the old boilers on the Re al Property and to install two new high efficiency boilers. All Work shall be subject to the City's approval. 2. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 2.1. If the Real Property, as iden tified on Exhibit A, is sold , transferred, or otherwis e conveyed(whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within five (5)years from the date of this Agree ment, Recipient shall repay the principal sum of the Grant. 2.2. If the Real Property, as identified on Exhibit A, c eases for any reason to be used by Recipient within five( 5) years from the date of this Agreem ent, Recipient shall repay the principal sum of the Grant. 2.3. If Recipient ceases operations for any reason within fi ve (5) years after the date of this Agreement,Recipient shall repay the principal sum of the Grant. 2.4. Recipient shall give written notice to the City thirty(30)days prior to the occurrence of any of the events listed in Paragraphs 2.1 through 2.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 2.5. In the event repayment is required, Recipient agrees to pay interest on principa 1 sum of the Grant at the rate of five percent(5%)per annum. 2.6. Payments shall be delivered to the off ice of the City, or at such other place as the City may designate. 3. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 3.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no pres ent intention to rent t he Real Prope rty, or t o sell, assign, or trans fer Recipient's interest in the Real Property to another; and 3.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 3.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 4. Grant of Lien. As security for Recipient's covenant and obligation for repayment as herein provided, Recipient hereby grants, and the C ity shall and hereby does have, a lien on the Real Property(the "Lien"), together with all hereditament and appurtenances thereto, in the 2 full amount necessary to satisfy Recipient's repayment obligation and t he cost, including reasonable attorney fees of collecting the same. 5. Events of Default. Any one of the following shall constitute an event of default: 5.1. Recipient's failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty(30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City,unless the City shall agree in writing to an extension of such time prior to its expiration. 5.2. If any representation or warranty made by Recipient herein shall prove at any ti me to be, in any material respect, incorrect or misleading as of the date made. 5.3. The adjudication of Recipient as bankrupt by a c ourt of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other appli cable law or statute of the United States of American or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any s ubstantial part of its property upon the a pplication of any creditor in any i nsolvency or bankruptcy proceeding or other creditor's suit. 5.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general as signment for the bene fit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipi ent of a petition or answer seeking reorganization under the fe deral bankruptcy laws or any other applica ble law or statute of the United States of America or any State thereof ; or the f iling by Recipient of a petition to take advantage of any debtor's act. 6. City's Remedies. Whenever Recipient is in defa ult under this Agree ment, the City ma y exercise any one or more of the remedies below. 6.1. The City may declare t he principal sum of the Grant,plus all other a mounts that may be owed by Reci pient to the City pursuant to this Agreement, to be immediately due and payable. Re cipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment. 6.2. The City may, in its sole discretion, f oreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the sa me to the purchaser in fee si mple in accordance w ith Minnesota stat utes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law,which costs, charges and fees Recipient herein agrees to pay. 6.3. The City may take whatever action at law or in equity m ay appear nec essary or appropriate to collect the principal sum of the Grant, plus all other a mounts that may be owed by Recipient to the City pursu ant to this Agreem ent, or t o enforce performance and observance of any obligation, agreement or covenant of Recipient 3 under this Agreement. 6.4. No remedy herein confe rred is intended to be e xclusive of any other a vailable remedy or remedies,but each and every such remedy sh all be cumulative and shall be in addition to every other re medy given under this Agree ment or now or hereafter existing at law or in equity by st atute. No delay or om ission to exercise any right or power accruing upon any default shall impair any such right or power or shall be c onstrued to be a waiver ther eof, but any such right and power may be exercised from time to time and as often as may be dee med expedient. In order to entitle the City to exercise any rem edy set forth in this Agreem ent, it shall not be necessary to give any notice, other than such notice as ma y be herein expressly required or required by applicable law. 7. Attorney's Fees. In the event Reci pient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due here under or the enforcement of per formance of any obligation or agreement on the part of Recipient, Reci pient will on dem and pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 8. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the par ties hereto and their respective heirs, executors,represent atives, successors and as signs. Whe rever used, the singular shall include the plural, and the plural shall include the singular. All c ovenants and agreements of Recipient shall be joint and several. 9. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 10. Waiver. In the event any covenant , term or condition contained in this Agreement should be breached by either party and thereafter wai ved by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 11. Automatic Termination. If, after five (5)years from the date of this Agreement, Recipient is not in de fault under any terms of this Agreement, Recipient's repayment obligations se t forth herein shall terminate. 12. Notice. In addition to any notice required and er applicable law to be given in another manner, any notice p rovided for in this Agre ement shall be effective when m ailed by certified mail, return receipt reques ted, to the address below or such other address the receiving party may designate in writing. To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 4 To: Cornerstone Advocacy Service. ATTN: Mary E. Serie 1000 East 80th Street Bloomington, Minnesota 55420 13. Governing Law. This Agreem ent is deemed made within the State of Minnesota and shall be go verned by and interp reted in accordance with Minnesota law. All disputes arising out of this Agreem ent shall be subjec t to the ex elusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Henn epin County, Minnesota. 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof This Agreement may not be modified except by a written agreement dated subsequent to th e date of this Agr eement and signed by both parties. CITY OF EDEN PRAIRIE By: Mayor By: City Manager CORNERSTONE ADVOCACY SERVICE By: Mary E. Serie,Director of Administration 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged be fore me this 20th day of March, 2012,by Na ncy Tyra-Lukens and Rick Getschow,r espectively the Mayor and the City Mana ger of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public My Commission Expires: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012,by Mary E. Serie, the Director o f Administration of Cornerstone Advocacy Service, a M innesota non- profit corporation, on behalf of said corporation. Notary Public My Commission Expires: This instrument was drafted by: Gregerson, Rosow, Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 (612) 338-0755 P:\Home\1610.116 - Housing Rehabilitation Program\Cornerstone Advocacy Service\Documents\Drafts\2012 03 13 - Cornerstone Advocacy Service Grante Agreement.doc 6 Exhibit A Description of the Real Property Lot 1, Block 1, Janus Addition, Hennepin County, Minnesota. 7 CITY COUNCIL AGENDA DATE: SECTION: Consent March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Community Development Approve First Amendment to the Grant Janet Jeremiah, Director Program Agreement to Rehabilitate LuAnn's Molly Koivumaki, Housing and Place, A Senior Group Home Human Services Manager Requested Action Move to: Approve th e First Amendment to the Grant Program Agreement for the use of an additional $10,000 in CDBG funds to reh abilitate LuAnn's Place, a gro up home which serves elderly people. Synopsis LuAnn's Place is a residential care homes for seniors who can no longer live safely on their own, but do not need to live in a nursing home. The homes are designed to accommodate the physical and emotional needs of elderly residents. They promote health and we 11 being and encourage independence in a safe and caring environment. The additional CDBG grant funds for this proj ect will com e from program income that was received as a result of rehab loan repaym ents. These funds will be used along with the original grant funds to convert the garage into additional living space for the residents. Background Information The original $25,000 Grant Agreement was approved by the city council on October 5, 2010. LuAnn's Place is located at 6660 W 175th Ave. LuAnn Fehn has operated the facility for 5 years and is licensed for 5 residents. Attachment First Amendment to the Grant Program Agreement FIRST AMENDMENT TO HOUSING REHABILITATION GRANT PROGRAM AGREEMENT THIS FIRST AMENDMENT TO THE HOUSING R EHABILITATION GRANT PROGRAM AGREEMENT is made as of the 20th day of March, 2012, by and between Jerry M. Fehn and LuAnn Fehn (hereinafter referred to collectively as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota, 55344 (hereinafter referred to as the "City"). WHEREAS, the partie s entered into an agre ement entitled"Housing Rehabilitation Grant Program Agreement" executed by the R ecipient and the City on August 8, 2011 (the "Agreement"); WHEREAS, Recipient owns the parcel of prope rty and horn e located thereon legally described in Exhibit A to the Agreem ent and hereinafter referred to collectively or individually as the "Real Property; WHEREAS, Recipient, through a business en tity known as LuAnn's Place, LL C, a Minnesota limited liability company having its principal office at 6660 West 175th Avenue, Eden Prairie, Minnesota 55346, owns and operates the Real Property for the purpose of providing services to senior citizens; WHEREAS, under the Agreem ent the City provid ed the R ecipient with Twenty-Five Thousand and no/100 dollars ($25,000.00) as a grant(her einafter referred to as the "Grant") for rehabilitation work on the Real Property; and WHEREAS, the parties desire to am end the Agreement to increase the amount of the Grant by no more than $10,000.00 (hereinafter"Additional Grant Proceeds"). NOW THEREFORE, in consideration of said Grant, the sufficiency of which is hereby acknowledged by the Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Additional Grant Proceeds. The amount of the Grant is increased by $10,000.00 and shall hereafter be considered part of the Grant as set forth in the Agreement. Recipient shall use the Additional Grant Proceeds solely to perform and complete the rehabilitation work described in Exhibit B to the Agreement. 2. Payment of Additional Grant Proceeds. Recipient shall submit to the City invoices and such other docum entation deemed satisfactory to the City in its s ole discretion evidencing completion of the rehabilitation work. Upon the C ity's approval of such evidence, the City shall disburse to Recipient Additional Grant Proceeds in the amount to pay for the rehabilitation work but in no event greater than $10,000.00. 3. Grant of Lien. As security for Recipi ent's covenant and obligation for repayment of the Additional Grant as provided pursuant to the Agreement, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property (the "Lien"), together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient's repayment obligation and the cost, including reasonable attorney fees of collecting the same. 4. Reaffirmation of Grant Agreem ent. The parties reaffirm the terms and conditions of the Agreement. The Additional Grant Proceeds shall be subject to the terms of the Agreement as amended herein. Except as amended hereby the Agreement remains in full force and effect. CITY OF EDEN PRAIRIE Jerry M. Fehn Nancy Tyra-Lukens, Mayor LuAnn Fehn Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 20th day of March, 2012,by Nancy Tyra-Lukens and Rick Getschow,r espectively the Mayor and the City Mana ger of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) 2 ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012,by Jerry M. Fehn and LuAnn Fehn. Notary Public CONSENT OF LUANN'S PLACE,LLC LuAnn's Place, LLC,hereby consents to the Amendment above. Dated: By: LuAnn Fehn, Its Owner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012,by LuAnn Fehn,the Owner of LuAnn's Place,LLC, a Minnesota limited liability company, on behalf of said company. Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 (612) 338-0755 P:\Home\1610.117-Housing Rehabilitation Program\Documents\\2012 03 08-Amendment No.1 to Housing Rehabilitation Grant Program Agreement.doc 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2012 DEPARTMENT ITEM DESCRIPTION: ITEM NO.: VIII.P. Rick Getschow, City Manager Resolution Granting Comcast a Franchise Extension to July 31, 2012 Requested Action Move to: Adopt the resolution granting Comcast a franchise extension to July 31, 2012 Synopsis The attached memorandum from Brian Grogan, Southwest Suburban Cable Commission (SWSCC), details the timeline of the current franchise negotiations between Comcast and SWSCC. Grogan is recommending that each of the member cities of SSCC adopt a resolution granting an extension of the franchise to July 31, 2012, to allow for additional negotiations. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012-58 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA GRANTING COMCAST OF ARKANSAS /FLORIDA/LOUISIANA/ MINNESOTA/MISSISSIPPI/TENNESSEE,INC. A FRANCHISE EXTENSION TO JULY 31, 2012 WHEREAS, effective January 1,1997, the City of Eden Prairie, Minnesota ("City") granted a Cable Television Franchise Agreement ("Franchise")to Time Warner Cable, Inc.; and WHEREAS, the Franchise is currently held by Comcast of Arkansas/Florida/ Louisiana/Minnesota/Mississippi/Tennessee, Inc. ("Comcast"); and WHEREAS, the City adopted Resolution No. 2011-93 on November 15, 2011 extending the term of the Franchise until April 16, 2012; and WHEREAS, Comcast executed said Resolution No. 2011-93 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City and Comcast, pursuant to 47 U.S.C. §546(h), are currently conducting informal franchise renewal negotiations in an attempt to reach a mutually acceptable terms for franchise renewal; and WHEREAS, the City and Comcast are interested in continuing informal renewal negotiations and desire to extend the current Franchise term from April 17, 2012 to July 31, 2012; and WHEREAS,both the City and Comcast desire to expressly reserve all of their respective rights under state and federal law; and WHEREAS, the City and Comcast continue to be governed by the formal renewal process pursuant to 47 U.S.C. §546(a-g) and nothing contained herein shall in anyway diminish either party's rights under the formal renewal process. NOW, THEREFORE,the City Council of the City of Eden Prairie, Minnesota hereby resolves as follows: 1. The Franchise is hereby amended by extending the term of the Franchise from April 17, 2012 through and including July 31, 2012. 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. 3. The City and Comcast hereby agree that neither waives any rights either may have under the Franchise or applicable law. 4. This Resolution shall become effective upon the occurrence of both of the following conditions: (1) The Resolution being passed and adopted by the City Council of the City of Eden Prairie; and(2) Comcast's acceptance of this Resolution. ADOPTED by the Eden Prairie City Council on March 20, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearing March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5799 ITEM NO.: IX.A. Randy Newton Public Hearing to Approve Layout No. 1 A for Public Works /Engineering the Shady Oak Road (County Road 61) Improvements Requested Action Move to: • Close Public Hearing; and • Adopt the Resolution Approving Layout No. 1 A for the Shady Oak Road(County Road 61) Improvements Synopsis The Public Notice for the Public Hearing was published on March 8, 2012 in the Eden Prairie news. Individual notices were also sent to property owners and tenants along and adjacent to the Shady Oak Road corridor. Layout IA provides a continuous 4-lane divided roadway with left and right turn lanes on Shady Oak Road. In addition, multi-use trails are provided on both sides of Shady Oak Road for the entire length of the project. Background Information As a result of the proposed UnitedHealth Group (UHG) development staff has been working with MnDOT, Hennepin County, and the City of Minnetonka since September 2011 to develop the proposed layout and design plans for the improvement of the northern segment of the Shady Oak Road(County Road 61) Improvements from 1000 feet south of the north junction of City West Parkway to the south junction of Red Circle Drive. The following is a summary of the key elements of the proposed layout: A. Public Involvement A Public Open House was held on Thursday Novem ber 17 at Wooddale Church in which 51 people attended. At the Open House attend ees were able to view larg e-scale layouts and engage in one-on-one or sm all group discussion s with staff In general feedback on the project concept was favorable. The most common issue that was expressed was the potential construction impacts and the im portance of m aintaining access to comm ercial properties during construction. In addition, city staff and our design consultant, SRF Consulting Group, have also worked on an indivi dual basis with several of th e directly im pacted property owners to discuss and address specific issues regarding the proposed design. B. Proposed Layout The proposed layout for Shady Oak Road is a fo ur-lane divided roadway with left and right turn lanes. In addition, multi-use trails are proposed on both sides of Shady Oak Road for the entire length of the project. Included in the project are new permanent traffic signal systems at the City West Parkway (Old Sh ady Oak Road), Highway 62 South Ram p (West 62 nd Street) and the Highway 62 North Ramp intersections. Also included are dual left turn lanes for the northbound Shady Oak Roa d to westbound Highway 62 and southbound Shady Oak Road to eastbound West 62nd Street movements. MnDOT and the City of Minnetonka have both approved the layout and Hennepin County has provided a letter of concurrence with the layout. Included on the layout are im provements to West 62nd Street and City West Parkway. The West 62nd Street improvements include the full reconstruction of the roadway and a multi-use trail along the south side of the roadway. Th e improvements to City West Parkway include the addition of a rounda bout just to the east of Shady Oak Road. The western segm ent of West 62nd Street(west of the UHG's m ain north-south roadway)will be constructed concurrent with Shady Oak Road. The remaining segment of W est 62nd Street and the roundabout on City West Parkway will be cons tructed at a later date co ncurrent with future phases of the UHG development. The layout plan also sh ows the conversion of th e southern access to th e retail center in the southeast quadrant of the Shady Oak Road/Ci ty West Parkway intersection from a right-in only access to a right-in/right-out access. Hennepin County has provided their concurrence with this access change. In addition, since this layout was developed, staff has been working with the owner of the BP gas station(11190 West 62nd Street) to address access concerns to the property. As a result of these discussions the fi nal design plans have been m odified to include two access points to the property from West 62nd Street (a right-in /right-out access on the west side of the property and a full access on the east side of the property). C. Project Cost The preliminary total cost of the northern segment of the Shady Pak Road Improvements is estimated to be $10.5 million. As defined in the UnitedHealth Group (UHG) Developer's Agreement UHG is almost entirely responsible for these project costs. In addition, both Hennepin County and the City of Eden Prairie have a small share of the project cost. The City of Eden Prairie share which is approximately $400,000 will be funded by Municipal State Aid. D. Schedule As previously approved by the City Council final design of the project is underway and expected to be complete in June. Formal right-of-way and easement acquisition is expected to begin in April. Construction on the northern segment of Shady Oak Road is anticipated to begin in late 2012. The project will tak e approximately one year to construct and will be substantially complete and fully open to traffic by late 2013. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012-50 APPROVE LAYOUT NO. 1A FOR THE IMPROVEMENT OF SHADY OAK ROAD (COUNTY ROAD 61) FROM 1000 FEET SOUTH OF THE NORTH JUNCTION OF CITY WEST PARKWAY TO THE SOUTH JUNCTION OF RED CIRCLE DRIVE I.C. 11-5799 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the City of Eden Prairie in cooperation with MnDOT, Hennepin County and the City of Minnetonka has prepared Layout No. 1A dated December 22, 2011 for the improvement of Shady Oak Road (County Road 61) from 1000 feet south of the north junction of City West Parkway to the south junction of Red Circle Drive; and WHEREAS, Layout No. 1A is consistent with the City of Eden Prairie's Transportation Plan. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council approves Layout No. 1A, as modified below, for the improvement of Shady Oak Road (County Road 61) from 1000 feet south of the north junction of City West Parkway to the south junction of Red Circle Drive; and BE IT FURTHER RESOLVED that the City of Eden Prairie will work to minimize construction impacts and will maintain access to all properties throughout construction; and BE IT FURTHER RESOLVED that Layout No. 1A is modified to show two access points to 11190 West 62nd Street. The two access points include a right-in / right-out access on the west side of the property and a full access on the east side of the property. ADOPTED by the Eden Prairie City Council on March 20, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: March 20, 2012 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Hennepin Village Site B 2012 Toll Development/Planning Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 71.5 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 24.37 acres; and • Adopt the Resolution for Preliminary Plat on 71.5 acres into 52 lots and 3 outlots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The proposed plan is 52 single family lots on 71.5 acres at a gross density of 1.40 units be acre. The net density is 2.51 units per acre. Waivers from the City Code are required for lot size, lot dimensions, and setbacks. The benefit to the city for granting the waivers is the dedication Outlots A and B (43.18 acres) for park and open space. Background Information The City attorney memo provides answers to the following questions. 1. Will the proposed pool and clubhouse on Site B constitute common area available for use by all residents in Hennepin Village? 2. May the City require that the proposed pool and clubhouse be available for use to all residents in Hennepin Village? The answer to both questions is no. Based on information provided the proposed pool and clubhouse on Site B will not become common area available for use by all residents in Hennepin Village. Further the City does not have the authority to require that the proposed pool and clubhouse be made available to residents outside of Site B. The City may require by virtue of a development agreement that the developer of Site B construct the pool and clubhouse identified on plans submitted. It is outside of the City's authority to regulate who is allowed to use these amenities. Conditions of approval include. • The developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. • This development will need to participate in improvements to Eden Prairie Road and will require a Special Assessment agreement. • Toll Brothers is obligated to build Prospect Road and finish construction by September 1, 2013. • Toll Brothers is also obligated to make site line improvements to existing Prospect Road based on the recommendations of a memo from Westwood Professional Services dated August 15, 2008. • All construction access must travel north on Eden Prairie Road. Toll Brothers is obligated to maintain the road, and make any required site line improvements, or other minor improvements, as required by the City Engineer. • Provide additional right of way along Eden Prairie Road from approximately Prospect Road northerly to Riley Creek in order to flatten the curve alignments in future Eden Prairie Road improvements. • Dedicate Outlots A and B to the City. The 120-Day Review Period Expires on May 19, 2012. Planning Commission Recommendation The Planning Commission first reviewed this project at the February 27, 2012 meeting. The hearing was continued to March 12, 2012 with direction for the city attorney to review developer obligations for construction of a pool and clubhouse and providing access to all residents of Hennepin Village. At the March 12, 2012 meeting, the Planning Commission voted 8-0 to recommend approval of the project. Attachments 1. Resolution - PUD 2. Resolution—Preliminary Plat 3. Staff Report 4. City attorney memo 5. Location Map 6. Land Use Map 7. Zoning Map 8. Aerial photo 9. Environmental Assessment Worksheet(EAW) 10. Traffic Study 11. Approved Council Minutes 5-1-07 12. Approved Planning Commission Minutes 2-27-12 13. Unapproved Planning Commission Minutes 3-12-12 14. Letter dated 2-24-12 MAC 15. Letter dated 2-22-12 Hennepin Village Master Association 16. Memorandum dated 3-16-12—Response to Comments from the Public CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HENNEPIN VILLAGE SITE B TOLL 2012 FOR TOLL BROTHERS,INC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on March 12, 2012, on Hennepin Village Site B Toll 2012 by Toll Brothers, Inc 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 March 20, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Hennepin Village Site B Toll 2012, 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 stamp dated March 20, 2012. 3. That the PUD Concept meets the recommendations of the Planning Commission on March 12, 2012. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A — HENNEPIN VILLAGE SITE B TOLL 2012 Legal Description before final plat Hennepin Village-Site B Legal Description: Per Title Commitment No_ 151999, dated October 13, 2011, perpared by Stewart Title Guaranty Company: Parcel 1: Outlot A and Lot 3, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County,Minnesota. Abstract and Torrens Land Parcel 2: That part of the Northeast Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota, lying Northwesterly of the centerline of Hennepin County State Aid Highway No. 4. Excepting therefrom the following described tract: Commencing at the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence on a assumed bearing of South, along the East line thereof, a distance of 522.70 feet to the actual point of beginning: thence continue South, along said East line, a distance of 383.94 feet; thence North 15 degrees, 46 minutes, 19 seconds West, a distance of 358.33 feet; thence Northeasterly to the point of beginning. Abstract Land. Parcel 3: Tracts A and B, Registered Land Survey No. 465, Files of the Registrar of Titles, Hennepin County, Minnesota_ Torrens Land Parcel 4: That part of the Southeast Quarter of the Northeast Quarter of Section 29,Township 116, Range 22, lying Easterly of the centerline of Village Road (now Eden Prairie Road), Northerly of Registered Land Survey No. 465, and Southerly of line described as commencing at the Southeast corner of said Southeast Quarter of the Northeast Quarter; thence North, along the East line of said Southeast Quarter of the Northeast Quarter, a 11stance of 681.13 feet to the point of beginning of the line to be described; thence Westerly, deflecting to the left 87 degrees,43 minutes,44 seconds, a distance of 1316.94 eet, more or less, to the West line of said Southeast Quarter of the Northeast Quarter and here terminating. I'orrens Land CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION APPROVING THE PRELIMINARY PLAT OF HENNEPIN VILLAGE SITE B TOLL 2012 FOR TOLL BROTHERS,INC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Hennepin Village Site B Toll 2012 for Toll Brothers, Inc. stamp dated March 20, 2012, and consisting of 71.5 acres into 52 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 20th day of March, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: February 24, 2012 SUBJECT: Hennepin Village Site B Toll 2012 APPLICANT/ Toll Brothers OWNER: Hennepin Village Partnership LOCATION: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212 120 DAY REVIEW: Expires May 19, 2012 REQUEST: • Planned Unit Development Concept Review on 71.5 acres. • Planned Unit Development District Review with waivers on 71.5 acres. • Zoning District Change from Rural to R1-13.5 on 24.37 acres • Preliminary Plat of 71.5 acres into 52 lots and 3 outlots PROJECT This site has a preliminary approval for 100 single family lots as part of the Oak Creek at Hennepin Village project. PROPOSED DEVELOPMENT The proposed plan is 52 single family lots on 71.5 acres at a gross density of 1.40 units be acre. The net density is 2.51 units per acre. Outlots A and B (43.18 acres) will be dedicated to the City for park and open space. SITE B PLANNED UNIT DEVELOPMENT WAIVERS Waivers from the City Code are required for lot size, lot dimensions, and setbacks. R1-13.5 Zoning District • Lot size less than 13,500 sf. Lots 11-17, 21-23, Block 1. Lots 4, 5, 9, 11, Block 2 Staff Report—Hennepin Village Site B Toll 2012 February 24, 2012 • Lot frontage at the right of way less than 85 feet. Lot 9, 10, 19, 25, 26, Block 1. • Lot frontage at the right of way less than 55 feet on a cul de sac.Lot 6,Block 1;Lots 7,8,Block 2 • Front yard setback from 30 feet to 20 feet. (all lots) • Side yard setback from 10 and 15 feet to 8 and 8 feet. (all lots) The benefit to the city for granting the waivers is the dedication Outlots A and B (43.18 acres)for park and open space. WETLANDS There are 2.96 acres of wetlands on site. A total of 0.317 acres will be impacted by the Prospect Road crossing the creek. The impacted area will be replaced with 0.68 acres of wetland bank credit that was purchased for the Hennepin Village at Oak Creek project. The subdivision plan meets city code requirements for wetland structure setbacks and buffer widths. The current wetland delineation was completed during the non growing season. The wetland boundaries and impact areas are preliminary. A final delineation needs to be completed during the growing season and adjustments, if any, need to be made as part of the final wetland plan. HISTORIC, CULTURAL, AND ARCHAEOLOGICAL RESOURCES The following resources were identified in 1997 by Loucks &Associates, Inc., as part of a Phase I archaeological survey: • W.A. Frederick Farm(21HE305) • Prehistoric Site (21HE304) • Lorraine Sohm Residence (21HE306) Sites 21HE304 and 21HE306 appear to be outside the area of potential effect and require no further action at this time. Site 21HE305, the W.A. Frederick Farm is within the proposed project area and will be impacted. The Loucks &Associates report identified the site as the remnants of a late nineteenth century farmstead covering approximately 2 acres. The archaeological investigation completed at the farm site included survey, artifact sampling and photo documentation. No further action is required for the farm site ruins. The development proposal was also reviewed for potential visual/spatial impacts to nearby Fredrick-Miller Spring. It was determined through field inspection that the future development would not be visible from the spring site. 2 Staff Report—Hennepin Village Site B Toll 2012 February 24, 2012 The Heritage Preservation Commission(2007) reviewed the development of the site and did not request any additional professional work. The commission wanted to see more photo documentation and if possible a volunteer effort to remove artifacts that will be lost due to development. This would be at no cost or obligation to the owner and would be dependent on Staff finding someone willing to do this work. NATURAL RESOURCES • Riley Creek-A 300-foot wide dedicated area on either side of the creek protects Riley Creek. • Trees—The trees on the steep slopes are preserved. Tree replacement is proposed as mitigation for trees removed where home construction is proposed. • Steep Slopes - Steep slopes are protected by land dedication. • Wetlands—Portions of the floodplain wetland adjacent to Riley Creek will be filled for the road crossing. All other wetlands would be protected by land dedication. • Miller Spring A 300-foot wide dedicated area protects the view shed. Infiltration will be maximized within the development areas to help treat and maintain stormwater infiltration into the spring sheds for Miller Spring and the seeps within the creek corridor. FLYING CLOUD AIRPORT Flying Cloud Airport is located approximately 3/4 mile to the northeast of the property. Safety Zones Safety zones are established to protect the approach corridor from obstructions and other hazards to aircraft. All homes are located outside these zones. Noise Zones The Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise are used in determining land use compatibility with the airport. Noise zones are based on noise contours determined from forecasted aircraft operations at the airport and are shown as DNL 60 and DNL 65 contours. Neither of these contours overlay the property based on the existing or expanded airport (Alternative E with noise mitigation). Due to the projected number of aircraft over-flights to occur in this area,the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition,each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. This is similar to the other Hennepin Village developments. PROSPECT ROAD 3 Staff Report—Hennepin Village Site B Toll 2012 February 24, 2012 Prospect Road is located in conformance with the recommendations of the 2007 EAW. The City Council adopted a resolution on May 1, 2007 that an environmental impact statement was not required. The City Council also approved the construction of Prospect Road utilizing a culvert crossing as the selected alternative from the Hennepin Village Roadway Alternatives EAW analysis. Toll Brothers is obligated to build Prospect Road and finish construction by September 1, 2013. Toll Brothers is also obligated to make site line improvements to existing Prospect Road based on the recommendations of a memo from Westwood Professional Services dated August 15, 2008. CONSTRUCTION ACCESS All construction access must travel north on Eden Prairie Road. Toll Brothers is obligated to maintain the road, and make any required site line improvements or other minor improvements as required by the City Engineer. UTILITIES City sewer and water will need to be extended to this site by the developer. Sewer and water is currently within Eden Prairie Road north of the proposed Prospect Road location. WATER QUALITY The proposed plan provides required storm water ponding, including the use of infiltration basins such as rainwater gardens within the development. TREE REPLACEMENT There are 17,842 diameter inches of significant trees. A total of 5,855 inches will be lost due to construction. The required tree replacement is 2,555 inches. The plan meets this requirement. SIDEWALKS AND TRAILS The plan provides the required trails and sidewalks. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 71.5 acres. • Planned Unit Development District Review with waivers on 71.5 acres. 4 Staff Report—Hennepin Village Site B Toll 2012 February 24, 2012 • Zoning District Change from Rural to R1-13.5 on 24.37 acres • Preliminary Plat of 71.5 acres into 52 lots and 3 outlots This approval is subject to the recommendations of this Staff Report dated February 24, 2012, the plans stamped dated February 21, 2012, and the following: 1. Prior to Final Plat approval, the proponent shall A. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. 2. Prior to grading permit issuance,the proponent shall install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 3. Prior to Building permit issuance, the proponent shall: A. Provide building documentation to the Building Official verifying that the houses will meet an interior noise reduction to 45 dBA according to the Metropolitan Council's Builders Guide. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit samples of exterior building materials for review. D. Submit a landscaping and tree replacement bond for review. E. Pay the appropriate cash park fee. 5. The following waivers from the City Code are granted as part of the Planned Unit Development District review R1-13.5 Zoning District: • Lot size less than 13,500 sf. Lots 11-17, 21-23, Block 1. Lots 4, 5, 9, 11, Block 2 • Lot frontage at the right of way less than 85 feet. Lot 9, 10, 19, 25, 26, Block 1. • Lot frontage at the right of way less than 55 feet on a cul de sac.Lot 6,Block 1;Lots 7, 8, Block 2 • Front yard setback from 30 feet to 20 feet. (all lots) • Side yard setback from 10 and 15 feet to 8 and 8 feet. (all lots) 6. This development will need to participate in improvements to Eden Prairie Road and will require a Special Assessment agreement. 7. Toll Brothers is obligated to build Prospect Road and finish construction by September 1, 2013. 5 Staff Report—Hennepin Village Site B Toll 2012 February 24, 2012 8. Toll Brothers is also obligated to make site line improvements to existing Prospect Road based on the recommendations of a memo from Westwood Professional Services dated August 15, 2008. 9. All construction access must travel north on Eden Prairie Road.Toll Brothers is obligated to maintain the road, and make any required site line improvements, or other minor improvements, as required by the City Engineer. 10. Provide additional right of way along Eden Prairie Road from approximately Prospect Road northerly to Riley Creek in order to flatten the curve alignments in future Eden Prairie Road improvements. 11. Dedicate Outlots A and B to the City. 6 MEMORANDUM TO: Eden Prairie Planning Commission FROM: Richard F. Rosow, City Attorney DATE: March 8, 2012 RE: Hennepin Village—Site B INTRODUCTION: I have been asked to address the following questions with regard to the development of Hennepin Village - Site B: 1. Will the proposed pool and clubhouse on Site B constitute common area available for use by all residents in Hennepin Village? 2. May the City require that the proposed pool and clubhouse be available for use to all residents in Hennepin Village? ANSWER The answer to both questions is no. Based on information provided to me the proposed pool and clubhouse on Site B will not become common area available for use by all residents in Hennepin Village. Further the City does not have the authority to require that the proposed pool and clubhouse be made available to residents outside of Site B. DISCUSSION Under § 13.1 of the Master Declaration, the Master Declarant has the right to add additional property to the development by an amendment to the Master Declaration executed by the owner of the additional property and approved in writing by the Master Declarant. Site B is identified in Exhibit C to the Master Declaration as "additional property". Further, § 13.1.1 of the Master Declaration states that "the right of Master Declarant to add Additional Property to the Development shall terminate ten (10) years after the date of recording of this Master Declaration[.]" The Master Declaration was recorded on April 17, 2003. Thus, it appears that the Master Declarant has the right to add additional property to the development until April 17, 2013 provided the owner of the additional property to be added executed an amendment to the Master Declaration. . The right of the Master Declarant to add property to the development is a special Declarant right as defined in Minnesota Statutes §515B.1-103. This special right does not run with the title to the land and may only be transferred only by a separate transfer document titled "Transfer of Special Declarant Rights." In other words the right is not one that automatically transfers to the Association upon expiration of the Declarant's period of control. I have no information on whether the Master Declarant seeks to add Site B to the development. More important however, I have talked to the attorney for the property owner. He informs me the property owner does not intend to seek an amendment adding Site B to the Master Declaration. 1 Absent the property owner's execution of a supplement to the Master Declaration Site B will not become subject to the Master Declaration. The City has no authority to require that the property owner subject Site B to the Master Declaration. It is only through the process of adding Site B to the Master Declaration that common areas within the Site B development are subject to the Section 5.6 of the Master Declaration which provides for a "non-exclusive easement in favor of Owners and Occupants, and their invitees, for access to and the use and enjoyment of the Common Area[.]" The City may require by virtue of a development agreement that the developer of Site B construct the pool and clubhouse identified on plans submitted. It is outside of the City's authority to regulate who is allowed to use these amenities. This determination is left to the owner of the property. Under Minn. Stat § 462.357 the City by virtue of its zoning authority may regulate matters such as location, height, width, bulk, type of foundation, number of stories, size of buildings, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings for trade, industry, residence, recreation, public activities, or other purposes and may establish standards and procedures regulating such uses. While this is a broad grant of authority, the statute does not grant the City authority to regulate who is allowed to use private property. Further the City zoning code (Chapter 11 of the Eden Prairie City Code) does not empower the City to regulate who is allowed to use a private pool and clubhouse. CONCLUSION: If the owner of Site B and the Master Declarant for Hennepin Village do not both consent to adding the Site B to the Master Declaration for Hennepin Village, the common areas on Site B will not become common areas available for use by all residents in Hennepin Village. The City does not have the authority to require that the proposed pool and clubhouse be made available to residents outside of Site B. P:\Home\1610.583-Hennepin Village Site B-Toll Brothers\Memos\2012 03 08-MT Planning Commision regarding Site B.doc 2 Area Location Map - Hennepin Village Site - B 2012 Address: 9735, 10127, Eden Prairie Road, Eden Prairie, MN 55347 lail 111111 \ Eden Prairie Road Prospect Road i, 'US WAY NM ti f ,p_ - 111 I lit I s WNM ---I-- mn m tO S... ISIS 11.11 1111111101 / F_JA' M'li. inZ'''' 1 1111 Mio • a. iilf / II IEiil d ,: _ \ p F1c,\SEtU CN t E Beverly Drive 1111111 L) I MN ON at9 FE IIIIIH9!'M L� t _-_IIIIIIIIII -- �7IIII lilt- —R _ 4_ [7 111/4& Spring Road /ii"IH"i111111 - - A I Al !' -.AO,,,... O FLYING CLO . ■- N 0 450 900 1,800 Feet ► ass Lake kti IIIIIiii L Guide Plan Map Hennepin Village Site - B 9735, 10127 Eden Prairie Road, Eden Prairie, MN 17111 ,17 . . I 1 i Prospect Road !Ill i G ' G � Eden Prairie Road ✓ 'I� L , ���/. at �gip,♦ SITE _ it m II�/ = "11,1 _- n Rt,, / • tI w • 4 Spring Road `''- � I 1jr*i 4T ____,------_ _____Z___,_ ----------------- -'glltllIllillIllillIlliL- 111 City f Eden Prairie Land Use Guide PI 2000-2020 Legend N Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre - Community Commercial e Principal Arterial 772 Low Density/Public/Open Space - Regional Commercial -A Minor Arterial B Minor Arterial ' + '1 77 Medium Density residential 2.5-10 Units/Acre -Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 EDEN n a 11-07-05 Density Residential/Office - Park/Open Space J DATE Revised 02 DATE Revised 06-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 1 High Density Residential 10-40 Units/Acre - Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 WI Airport Golf Course PRAIRIE Office - Church/Cemetary V/� Office/Industrial Open Water ITL:m.... .o ®� a„m_ .. . .a F e,0® LIVE•wOB1C•QAEAM VA Office/Public/Open Space [,.Bight-Of-Way 0.125 0 - Industrial I I Miles Zoning Map Hennepin Village Site - B 2012 9735, 10127 Eden Prairie Road, Eden Prairie MN r i ._ J ._ \/ . // �. 4 Eden Prairie Road Prospect Road N N N laimillili ' qggi ' ., - ---_,.:1 :'=1..i,-...--...'... • .7. y . owls . ii 0 ..,,,,,:„.._„„......---- ...... IPP'- . _ cm. itr �� _ r OF I: : . .: : i :17-7 : :..:1_:I.....I.. 6 I ,.., 4t L . HITII " , /Et . Beverly Drive I Spring Road II --- 1 \ ' \IIrm um ,,,, --Alwidlli ! l City_____ _______r_______, -1......,_.___ IIIIIIIMPIIIIIIIIIIIII _r_____L__=___.__„_._._._------ of 'den Prairie Zo ,'l, ing Map Rural =Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I—I TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. ji TC-MU I GD I General Development Waters(Creeks Only) t . i R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. En Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepancy related to a zoning classitmaeon on this zoning map,the ordinance uVE•WOHK•OHEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.15 0.3 -Regional Service Commercial Milesa_1p..m..,rmo..,..�14..o..o.a., ..._..a..m ,..,,m„ Aerial Map Hennepin Village Site - B 9735 and 10127 Eden Prairie Road, Eden Prairie, MN '• ' - v .. .r '' ! !" t it 0 %VI Prospect Road ', z..* +�; — Eden Prairie Road •. e V --e _==- ,. .„,, --... :. Iiirtif . • 2 .• . ...• ...„ ... , A 6 . - 4 . i i __ — s t ' III _ . .&fir v� # OA r 00. ram..- a �IIIIII \ SITE - � Beverly Drive � ; :► s. x • / _..._. • Spring Road I___ *" ''' \ •*. 'of' sU J +y R et ..,' . Revised 2/05 ENVIRONMENTAL ASSESSMENT WORKSHEET Note to preparers: This form is available at http://www.eab.state.mn.us. EAW Guidelines will be available in Spring 1999 at the web site.The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects. The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared.The project proposer must supply any reasonably accessible data for—but should not complete—the final worksheet. If a complete answer does not fit in the space allotted,attach additional sheets as necessary. The complete question as well as the answer must be included if the EAW is prepared electronically. Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information,potential impacts that warrant further investigation and the need for an EIS. 1. Project title Hennepin Village Roadway Alternatives 2. Proposer: City of Eden Prairie,Minnesota 3. RGU: City of Eden Prairie,Minnesota Contact person: Mr. Gene Dietz,P.E. Contact person: Mr. Scott Neal Title: Director of Public Works Title: City Manager Address: 8080 Mitchell Road Address: 8080 Mitchell Road City, state,ZIP: Eden Prairie,MN 55344 City, state,ZIP: Eden Prairie,MN 55344 Phone: 952-949-8310 Phone: 952-949-8300 Fax: 952-949-8326 Fax: 952-949-8326 E-mail: gdietz@edenprairie.org E-mail: communications(a)edenprairie.org 4. Reason for EAW preparation (check one) EIS Mandatory Citizen RGU Proposer Scoping EAW Petition Discretion X Volunteered If EAW or EIS is mandatory give EQB rule category subpart number and name 5. Project location County: Hennepin City/Township: Eden Prairie NE,NW,SW '/4 Section 29 Township 116N Range 22W Attachments to the EAW: Figure 1. County map showing the general location of the project. Figure 2. U.S.Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries. Figure 3. Aerial photo showing proposed roadway alternatives. Figure 4. Map of areas with steep slopes. Figure 5. Minnesota Department of Natural Resources(DNR)Natural Heritage Database Review Letter. Figure 6. Minnesota State Archeologist's Office Letter. Appendix A. Traffic Study. Hennepin Village Roadway Alternatives EAW April 2007 1 6. Description a. Provide a project summary of 50 words or less to be published in the EQB Monitor. The City of Eden Prairie is considering closing or rerouting the intersection of Eden Prairie Road and Flying Cloud Drive. Six roadway alternates are being considered to provide for traffic flow and adequate emergency access. One of the alternates is a new crossing of Riley Creek upstream of Miller Spring. b. Give a complete description of the proposed project and related new construction.Attach additional sheets as necessary.Emphasize construction,operation methods and features that will cause physical manipulation of the environment or will produce wastes.Include modifications to existing equipment or industrial processes and significant demolition,removal or remodeling of existing structures.Indicate the timing and duration of construction activities. The southbound Eden Prairie Road approach to its intersection with Flying Cloud Drive is steep and winds down the bluff to the Minnesota River. The roadway is curved and sloped,and is difficult to maintain in the winter. It has been the location of several accidents. The City has evaluated options for upgrading Eden Prairie Road within its current alignment to improve public safety. There are five major deficiencies affecting safe operation of the south end of Eden Prairie Road. These include: • Sight distance limitations through curves • Curve design speed • Grades in excess of 14 percent • Width is less than 25 feet,should be 32 feet wide to handle the traffic projected for this area • Approach grade is greater than 1 percent at the intersection with Flying Cloud Drive(TH 212) These deficiencies combined make maintaining this segment an unacceptable connection of a neighborhood with a high volume and high speed segment of highway. As traffic is added through build-out conditions planned for in the City's Comprehensive Plan,these deficiencies will be more likely to cause future traffic safety issues,and thus upgrade in place is not an appropriate solution as a roadway improvement alternative,and the City is now considering closing this intersection. If this intersection as it exists today is closed,then the city proposes to construct an alternate route to provide for adequate public and traffic safety,emergency response access,maintenance,and a continuous roadway system. For this analysis,it is assumed that Alternates 1,2,and 6 would include the closure of the intersection of Eden Prairie Road and Flying Cloud Drive,while Alternates 3,4,and 5 would reroute Eden Prairie Road to a new intersection. Figure 3 illustrates the following proposed roadway alternates: No Build: As described above,this option was considered and rejected as infeasible. 1. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to Beverly Drive 2. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to a new street south of and paralleling Beverly Drive 3. Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Flying Cloud Drive 4. Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive 5. Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection 6. Connect Eden Prairie Road to Spring Road by extending Prospect Road west to Eden Prairie Road Construction of any selected Alternate would proceed using typical municipal roadway construction techniques, as either a public construction contract(Alternates 1 through 5)or by agreement with a developer(Alternate 6). Minimal roadway design for Alternates 1 though 5 has occurred,and design parameters such as roadway widths, cross section,alignment,grades,earthwork,and utility design have not been determined or determined only conceptually. A preliminary design by a developer has been proposed for Alternate 6. Hennepin Village Roadway Alternatives EAW April 2007 2 c. Explain the project purpose;if the project will be carried out by a governmental unit,explain the need for the project and identify its beneficiaries. Closure or rerouting of Eden Prairie Drive and its intersection with Flying Cloud Drive would require construction of an alternate route. There are numerous residential properties on Eden Prairie Road,Beverly Drive,and a developing area off of Sky Lane that rely on Eden Prairie Road for access to Flying Cloud Drive or as a secondary emergency access to the area. Closure of the intersection would require an alternate east-west connection to either Spring Road to the east or Dell Road to the west to provide that access. It may also be possible to reroute Eden Prairie Road on an alternate alignment down the bluff. A sound roadway system with multiple routes to developed areas is critical for effective emergency response. The creation or maintenance of long cul-de-sacs is undesirable. If Eden Prairie Road is closed,as it would be under Alternates 1,2,and 6,additional access to and from this area should be provided. In Alternates 1 and 2, the additional access is provided through the Turnbull Road extension to connect to Dell Road. Alternate 6 would extend Prospect Road to Eden Prairie Road,providing a new connection to Spring Road and improving public safety and transportation access to the existing residential area west of Spring Road at Prospect Road, which currently has only a single access point. Alternates 3,4,and 5 continue to utilize Eden Prairie Road for additional access. A continuous roadway network is also important for effective road maintenance operations,including snowplowing and emergency repairs. Alternates 1 and 2 provide a new connection to Dell Road,which helps connect the study area with the area to the west. Alternates 3,4,and 5 continue to use Eden Prairie Road as a connecting road through the study area. Alternate 6 creates a cul-de-sac on Eden Prairie Road while eliminating a dead end on Prospect Road,creating a new connection to Spring Road. d. Are future stages of this development including development on any outlots planned or likely to happen? Yes _x_No If yes,briefly describe future stages,relationship to present project,timeline and plans for environmental review. The proposed project is a roadway project,not a development. e. Is this project a subsequent stage of an earlier project? Yes _x_No If yes,briefly describe the past development,timeline and any past environmental review. Part of this study area was considered in the 2001 Charlson,Brown,&Standal Properties Alternative Urban Areawide Review(AUAR). This AUAR evaluated the impacts of a 318 acre multi-use development to the east of Alternates 3 through 6,including an extensive review of traffic impacts in the area and required roadway upgrades. The roadway improvements evaluated in this EAW were not considered in that AUAR. This EAW considers only the six roadway alternates detailed above and does not evaluate planned development in the study area. This EAW assumes the proposed Oak Creek at Hennepin Village and development west of Eden Prairie Road,north of Beverly Drive,off Sky Lane is in place. Hennepin Village Roadway Alternatives EAW April 2007 3 7. Project magnitude data Total project acreage or Length Number of residential units: Unattached - Attached maximum units per building Commercial,industrial or institutional building area(gross floor space):total square feet Indicate areas of specific uses(in square feet): Office Manufacturing Retail Other industrial Warehouse Institutional Light industrial Agricultural Other commercial(specify) Building height If over 2 stories,compare to heights of nearby buildings Alternate Roadway Length Impact Area* (feet) (acre) 1 —Extend and connect Turnbull to Beverly Drive 4,650 _ 9.35 2—Extend and connect Turnbull to a new street south of 4,270 8.46 and paralleling Beverly Dr 3—Realign Eden Prairie Road to a new intersection on 1,900 6.74 Spring Road 400 feet north of Flying Cloud Drive 4-Realign Eden Prairie Road to a new intersection on 1,910 6.15 Spring Road 100 feet north of Flying Cloud Drive 5—Realign Eden Prairie Road to a new intersection on 1,630 6.03 Flying Cloud Drive 230 feet west of existing intersection 6—Extend Prospect Road west to Eden Prairie Road 1,385 2.16 *Impact area is the area within the estimated construction limits,including roadway bed and adjacent grading 8. Permits and approvals required.List all known local,state and federal permits,approvals and financial assistance for the project.Include modifications of any existing permits,governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees,Tax Increment Financing and infrastructure. Unit of government Type of application Status MPCA National Pollutant Discharge To be obtained Elimination System(NPDES)— General Stormwater Construction Permit Riley-Purgatory-Bluff Creek Permit Review To be obtained Watershed District MnDNR Public Waters Work Permit To be obtained USACOE Section 404 Permit To be obtained 9. Land use.Describe current and recent past land use and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses.Indicate whether any potential conflicts involve environmental matters.Identify any potential environmental hazards due to past site uses,such as soil contamination or abandoned storage tanks,or proximity to nearby hazardous liquid or gas pipelines. Current and recent land use in the alternative corridors is primarily low density single family residential and open space. The Alternate 2 corridor includes some agricultural,animal pasturage,and undeveloped land. The Alternate 6 corridor is a former golf course,and golf cart track and a culvert crossing of Riley Creek remain Hennepin Village Roadway Alternatives EAW April 2007 4 from that development. No known environmental hazards are present in the corridors.This area is currently zoned for large-lot(one unit per 10 acres)single family development. The Comprehensive Guide Plan envisions the area of Alternates One through Five as low-density residential(0-2.5 units per acre). The area of Alternate 6 is guided as medium density residential,2.5-10 units per acre. The areas immediately adjacent to Riley Creek are guided as Park and Open Space. The proposed use of land in these corridors for local road right of way is consistent with those land uses,as local roads are necessary to provide access to residential land use for transportation,maintenance,and emergency services. 10. Cover types.Estimate the acreage of the site with each of the following cover types before and after development: For purposes of estimating land cover post construction,the following assumptions were made: • Roadway width would be 30 feet. • Areas with existing turf grass would be restored with turf grass where possible. • Roadway side slopes in wooded or brush/grassland areas would be restored with native grassland vegetation. • It may be possible to reforest some of the side slope areas to mitigate tree loss in areas that would be converted from wooded to grassland,but no attempt was made to estimate how much could be accomplished. Alternate 1:Extend and connect Turnbull Road to Beverly Drive. Before After Before After Types 1-8 wetlands - - Lawn/landscaping 4.10 3.66 Wooded forest 3.42 - Impervious surfaces 1.83 3.20 _ Brush/grassland - 2.49 Other(describe) - - Cropland - - TOTAL 9.35 9.35 Alternate 2:Extend and connect Turnbull Road to a new street south of and paralleling Beverly Drive. Before After Before After Types 1-8 wetlands - - Lawn/landscaping 1.50 1.00 Wooded forest 6.47 - Impervious surfaces 0.49 2.94 Brush/grassland - 4.52 Other(describe) - - Cropland - - TOTAL 8.46 8.46 Alternate 3:Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Flying Cloud Drive(acres). Before After Before After Types 1-8 wetlands - - Lawn/landscaping 0.20 Wooded forest 5.89 1.10 Impervious surfaces 0.65 1.31 Brush/grassland - 4.33 Other(describe) - - Cropland - TOTAL 6.74 6.74 Alternate 4:Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive. _ Before After Before After Types 1-8 wetlands - - Lawn/landscaping 0.15 - _ Wooded forest 2.15 0.10 Impervious surfaces 0.60 1.32 _ Brush/grassland 1.23 _ 2.83 Other(dry prairie) 2.02 1.90 - Cropland - - TOTAL 6.15 6.15 Alternate 5:Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection. Before After Before After Types 1-8 wetlands - I - Lawn/landscaping - - Wooded forest 4.18 1.00 Impervious surfaces - 1.12 Brush/grassland - 2.56 Other(dry prairie) 1.85 1.35 Cropland - - TOTAL 6.03 6.03 Hennepin Village Roadway Alternatives EAW April 2007 5 Alternative 6:Extend Prospect Road west to Eden Prairie Road. Before After Before After Types 1-8 wetlands 0.06 0.06 Lawn/landscaping - - Wooded forest - - Impervious surfaces - 0.95 _ Brush/grassland 2.10 1.15 Other(describe) - - Cropland - - TOTAL 2.16 2.16 11. Fish,wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project.Describe any measures to be taken to minimize or avoid impacts. Alternates 1 though 5 would require the removal of existing forest and woodlands and would replace them with impervious surface and grassland,reducing wooded habitat and replacing it with tall grass habitat. For each of the alternates,tree removals would be a small percent of the existing wooded habitat,so it is unlikely that these removals would have more than a temporary impact on overall habitat availability. Restoration following construction could include reforestation where possible,mitigating some of the tree loss. Alternates 3,4,and 5 would create a new cleared pathway through existing woodland or grassland,fragmenting habitat and creating a potential barrier for some types of wildlife migration. No mitigation measures are proposed. Alternate 6 is proposed as two alternates: a culvert crossing or a bridge crossing of Riley Creek. Riley Creek is home to various aquatic life typical of disturbed urban warm water streams(MCES,2005;DNR,2003). A bridge crossing is ecologically preferable as it minimizes the potential to impede upstream migration by fish and macroinvertebrates and provides a path for other wildlife to move from one side of the road to the other without crossing traffic. However,just upstream of the proposed crossing is a DNR carp barrier. Any barrier to fish movement that might result from the proposed culvert option would be inconsequential as the carp barrier already effectively limits upstream migration. The estimated increase in stormwater runoff volume from roadway new impervious surface(see#17 below)is small relative to existing subwatershed volume,so it is unlikely that any of the alternates would result in increased flow or velocities in Riley Creek that might affect the biota or impact the channel form. The estimated increase in pollutant loading(see#17 below)is small relative to existing loading,and would be further reduced by stormwater treatment. The fish community monitored by the DNR at locations upstream and downstream of the proposed Alternate 6 crossing is composed of common species that are pollution-tolerant. No pollution-intolerant species were identified at those locations. The macroinvertebrate community monitored at the Watershed Outlet Monitoring Program(WOMP)station at Flying Cloud Drive downstream is composed of pollution-tolerant species. No pollution-intolerant species were identified at that location. While the fish and macroinvertebrate collections were not completed at the point where Alternate 6 would be expected to cross,it is likely the communities at that location are similar in composition to the sampled locations. No water quality-related impacts are expected to the biotic community. The new crossing and a proposed permanent NURP water quality pond south and west of the creek crossing may result in a redirection of local groundwater that presently discharges to Riley Creek through a series of springs,several of which have been delineated in the vicinity of the proposed crossing. The northern extent of springs tributary to Riley Creek is not fully delineated,however,it most likely follows the depth to bedrock contour 51-100 shown in the Hennepin County Geologic Atlas. The slight increase in runoff and the redirection of local groundwater to ponds may result in slightly higher temperatures of discharge to Riley Creek. However, those impacts would be extremely localized,and input from springs immediately downstream would mitigate any minor thermal impacts that might occur. No temperature-intolerant species are known to be present in Riley Creek. Discussion with DNR Fisheries staff(Ellison,pers.comm.2006)and the most recent DNR fish survey(DNR,2003)indicate that Riley Creek is unlikely to support a cold-water community. Hennepin Village Roadway Alternatives EAW April 2007 6 b. Are any state-listed(endangered,threatened or special concern)species,rare plant communities or other sensitive ecological resources such as native prairie habitat,colonial waterbird nesting colonies or regionally rare plant communities on or near the site? _X_Yes No If yes,describe the resource and how it would be affected by the project.Indicate if a site survey of the resources has been conducted and describe the results.If the DNR Natural Heritage and Nongame Research program has been contacted give the correspondence reference number:ERDB 20070339.Describe measures to minimize or avoid adverse impacts. Alternates 1 and 2 pass adjacent to the Riley Creek Conservation Area,an area identified in the Minnesota Land Cover Classification System(MLCCS)as a high quality natural community that includes a"Site of Biodiversity Significance." Sites of Biodiversity Significance are identified by the Minnesota County Biological Survey as areas with varying levels of native biodiversity that may contain high-quality plant communities,rare plants, rare animals,and/or animal aggregations. Designation as such does not necessarily mean that all these features have been found in that location,but that the size and limited disturbance of such areas makes it more likely that such features exist or could be supported. Edge degradation is occurring in the area around Alternates 1 and 2 and may be due to Turnbull Road,private driveways and development on the ridge that currently serves as a transition between higher quality woods to the north and development to the south. Construction of either of these alternates may exacerbate those edge effects,which might include erosion and sedimentation,habitat fragmentation,or opportunities to introduce nonnative or exotic species. If either is constructed,special attention should be paid to minimizing removal of trees and preventing erosion and sedimentation. Alternates 3,4,and 5 pass through an area that has been identified as a Site of Biodiversity Significance. The DNR Natural Heritage and Nongame Research program database records an occurrence of Rhombic-Petaled Evening Primrose,a Special Concern plant species,in the vicinity of Alternates 3,4,and 5. No site survey has been conducted in the vicinity of those alternates to evaluate for that or any other species,as this EAW was prepared outside of the growing season. The Alternates 3,4,and 5 area also contains dry sand-gravel prairie and pin-oak-bur oak native plant communities. The DNR recommends avoiding impacts to this ecologically significant area(see attached DNR letter). If Alternates 3,4,or 5 were to be pursued further,a more detailed,growing season site analysis must be conducted to determine whether Rhombic-Petaled Evening Primrose or other threatened or endangered species are present within the proposed construction limits. If found,the DNR must be consulted to develop a plan for avoiding impacts to these protected species. The DNR should also be consulted to develop a plan to minimize impacts to the ecologically sensitive native plant communities. A site assessment performed in the vicinity of Alternate 6 identified a community of Kitten-tails,a threatened species. A site survey performed by a wetland delineator identified the limits of the community area. The City has evaluated the design layout for Alternate 6 and has determined that the road and associated stormwater ponding requirements can be designed to avoid the kitten-tails and reduce the grading footprint. If Alternate 6 is pursued,the DNR should be consulted to determine any special requirements for ensuring the community is protected from possible construction impacts. 12. Physical impacts on water resources.Will the project involve the physical or hydrologic alteration— dredging,filling,stream diversion,outfall structure,diking,and impoundment—of any surface waters such as a lake,pond,wetland,stream or drainage ditch? _X_Yes __No If yes,identify water resource affected and give the DNR Protected Waters Inventory number(s)if the water resources affected are on the PWI: Riley Creek.Describe alternatives considered and proposed mitigation measures to minimize impacts. One of the roadway alternates,the Prospect Road extension,would require a crossing of Riley Creek,and has two sub-alternates: a culvert crossing,and a bridge crossing. The culvert crossing option would require some Hennepin Village Roadway Alternatives EAW April 2007 7 temporary stream diversion during construction. The culvert would be sized to minimize increases to water surface elevations of Riley Creek and to minimize velocity impacts. Filling within the floodway and flood fringe is likely to be necessary to construct this option. Any floodplain fill would be mitigated with compensatory storage. A bridge crossing would be unlikely to impact water surface elevations or velocities. The riverine wetland of Riley Creek has been delineated. Alternate 6 has two sub-alternates:a culvert crossing and a bridge crossing. A culvert crossing would likely impact this wetland,and a mitigation plan developed and approved. A bridge crossing is more likely to avoid impacting this wetland. 13. Water use.Will the project involve installation or abandonment of any water wells,connection to or changes in any public water supply or appropriation of any ground or surface water(including dewatering)? XYes No If yes,as applicable,give location and purpose of any new wells;public supply affected,changes to be made,and water quantities to be used;the source,duration,quantity and purpose of any appropriations;and unique well numbers and DNR appropriation permit numbers,if known.Identify any existing and new wells on the site map.If there are no wells known on site,explain methodology used to determine. Alternate 6,the Prospect Road extension,would require a crossing of Riley Creek,and has two sub-alternates: a culvert crossing,and a bridge crossing. Either option may require temporary dewatering to construct bridge footings or to install the new culvert. Temporary dewatering discharges would be pretreated in a temporary settling basin prior to discharge to Riley Creek. 14. Water-related land use management district. Does any part of the project involve a shoreland zoning district,a delineated 100-year flood plain,or a state or federally designated wild or scenic river land use district? _X_Yes No If yes,identify the district and discuss project compatibility with district land use restrictions. Alternate 6 would cross a shoreland zoning district and Shore Impact Zone for Riley Creek,as well as cross the delineated 100-year floodplain for Riley Creek.Roadways may be placed in the Shore Impact Zone provided the conditions of the city's zoning code are met. Section 11.50 Subd. 12(c)requires roads to be set back at least 50 feet from the Ordinary High Water Level. A crossing by definition must cross through the Shore Impact Zone and across the water body. The City Council must evaluate whether a waiver from this requirement should be granted based on the need for road construction. Alternate 6 also crosses the 100-year(one percent chance)floodplain. The City's regulatory flood elevation is two feet above the 100-year frequency flood level. The bridge option of Alternate 6 should be designed such that the low chord elevation is at least two feet above that elevation. The road surface elevation of the culvert option should be at least two feet above the 100-year flood level. Floodplain fill may be required to construct either of these options. Floodplain fill is allowable if it is mitigated with compensatory storage and does not raise the flood stage of the regional flood event by more than 0.5 feet. Preliminary analysis of the culvert option performed by the developer of adjacent lands indicates that option would not raise the flood stage by more than 0.5 feet. 15. Water surface use.Will the project change the number or type of watercraft on any water body? Yes x No If yes,indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. N/A Hennepin Village Roadway Alternatives EAW April 2007 8 16. Erosion and sedimentation.Give the acreage to be graded or excavated and the cubic yards of soil to be moved. Describe any steep slopes or highly erodible soils and identify them on the site map.Describe any erosion and sedimentation control measures to be used during and after project construction. Figure 4 indicates areas determined by Hennepin County to have slopes in excess of 18 percent. Alternates 3,4, 5,and 6 all cross areas of steep slopes. Erosion and sedimentation control measures during and after construction consistent with the city's stormwater management ordinance would be developed as part of the construction plans and specifications,but likely would include Best Management Practices(BMPs)such as temporary and permanent vegetated slopes;double or reinforced silt fence;biologs;erosion control fabric;bale checks;and temporary sediment basins. Alternate Grading Area Estimated Cubic Yards (acre) of Soil to be Moved 1 —Extend and connect Turnbull to Beverly Drive 9.35 45,200 2—Extend and connect Turnbull to a new street south of 8.46 41,000 and paralleling Beverly Dr 3—Realign Eden Prairie Road to a new intersection on 6.74 65,200 Spring Road 400 feet north of Flying Cloud Drive 4-Realign Eden Prairie Road to a new intersection on 6.15 59,500 Spring Road 100 feet north of Flying Cloud Drive 5—Realign Eden Prairie Road to a new intersection on 6.03 58,300 Flying Cloud Drive 230 feet west of existing intersection 6—Extend Prospect Road west to Eden Prairie Road 2.16 15,600 17. Water quality: surface water runoff a. Compare the quantity and quality of site runoff before and after the project.Describe permanent controls to manage or treat runoff. Describe any stormwater pollution prevention plans. The estimated increase in stormwater runoff volume and phosphorus and sediment export from existing conditions is small relative to subwatershed volume and loading. Runoff from Alternate 6 is proposed to be detained and treated in a stormwater detention pond prior to discharge to Riley Creek,which would significantly reduce phosphorus and sediment export shown in the table below. Alternate 6 would discharge directly to Riley Creek.If this alternate were implemented,ice control on the roadway would be limited to sand or a salt/sand mix to minimize chloride contributions to the creek. No specific Best Management Practices have yet been determined for Alternates 1 through 5,however,incorporation of alternative stormwater management techniques such as rain gardens and grassed swales could be incorporated into construction and provide infiltration and treatment for small events. According to the Minnesota State Stormwater Manual(MPCA, 2006),these small events result in 60-70 percent of the annual pollutant loading. Percent Tributary Increase in Percent Percent Alternate Subwatershed Impervious Increase in Increase in Area(acres) Area of Runoff Volume Phosphorus Tributary Export Subwatershed 1—Extend and connect Turnbull to Beverly Drive 462 1.4% 0.058% 2.0% 2—Extend and connect Turnbull to a new street south 5,750 0.3% 0.007% 0.3% of and paralleling Beverly Dr 3—Realign Eden Prairie Road to a new intersection 5,534 0.1% 0.003% 0.1% on Spring Road 400 feet north of Flying Cloud Drive Hennepin Village Roadway Alternatives EAW April 2007 9 Percent Increase in Percent Tributary Percent Impervious Increase in Alternate Subwatershed Increase in Area(acres) Area of Runoff Volume Phosphorus Tributary Export Subwatershed 4-Realign Eden Prairie Road to a new intersection 5,996 0.1% 0.003% 0.1% on Spring Road 100 feet north of Flying Cloud Drive 5—Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing 5,750 0.1% 0.005% 0.1% intersection 6—Extend Prospect Road west to Eden Prairie Road 247 2.7% 0.308% 2.6% b. Identify routes and receiving water bodies for runoff from the site;include major downstream water bodies as well as the immediate receiving waters.Estimate impact runoff on the quality of receiving waters. Alternates 1,2,and 6 drain to Riley Creek and then to the Minnesota River. Alternates 3,4,and 5 drain in part to Riley Creek and then the River,and in part directly to the Minnesota River. Incorporation of Best Management Practices into any of the six alternates would reduce the small increased volume and pollutant loading(see above)such that impact on downstream water quality would be negligible. A Watershed Outlet monitoring Program(WOMP)monitoring station is located downstream of the study area at Flying Cloud Drive. Hydrology,water quality,and biological data from this station were used to establish baseline conditions and evaluate the relative impact of volume and loading impacts that may result from any of these Alternates. Both Riley Creek and the adjacent reach of the Minnesota River are listed on the State of Minnesota 303(d)list of Impaired Waters for excess turbidity. Any selected alternate that is constructed must prevent any further turbidity impacts of those waters. No TMDLs have been completed for those impairments. Any future construction after completion of an approved TMDL Implementation Plan must be in compliance with that Implementation Plan. 18. Water quality:wastewaters a. Describe sources,composition and quantities of all sanitary,municipal and industrial wastewater produced or treated at the site. None. b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment.Identify receiving waters,including major downstream water bodies,and estimate the discharge impact on the quality of receiving waters.If the project involves on-site sewage systems,discuss the suitability of site conditions for such systems. None. Hennepin Village Roadway Alternatives EAW April 2007 10 c. If wastes will be discharged into a publicly owned treatment facility,identify the facility,describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes, identifying any improvements necessary. None. d. If the project requires disposal of liquid animal manure,describe disposal technique and location and discuss capacity to handle the volume and composition of manure.Identify any improvements necessary.Describe any required setbacks for land disposal systems. None. 19. Geologic hazards and soil conditions a. Approximate depth(in feet)to ground water. To bedrock. Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes,shallow limestone formations or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. No sinkholes,shallow limestone formations,or karst conditions are known to be present in the study area. The Hennepin County Geologic Atlas indicates that the study area is sensitive to groundwater pollution due to the shallow depth of fractured bedrock aquifers in the area. The construction contractor would be required to obtain a National Pollutant Discharge Elimination System(NPDES)construction permit and prepare and implement a stormwater pollution prevention program that includes pollution prevention measures such as solid waste,hazardous waste,and spill management. Post construction stormwater runoff would be pretreated prior to discharge into surface waters. Infiltration areas would be designed to maximize treatment prior to infiltration into surficial groundwater. Alternate Depth to Bedrock Depth to Water Table 1 and 2 150-250 feet 10-20 feet 3 and 4 100-250 feet 10-20 feet 5 200-300 feet 10-20 feet 6 100-200 feet 0-20 feet Source: Hennepin County Geologic Atlas 20. Solid wastes,hazardous wastes,storage tanks a. Describe types,amounts and compositions of solid or hazardous wastes,including solid animal manure, sludge and ash,produced during construction and operation.Identify method and location of disposal.For projects generating municipal solid waste,indicate if there is a source separation plan;describe how the project will be modified for recycling.If hazardous waste is generated,indicate if there is a hazardous waste minimization plan and routine hazardous waste reduction assessments. Construction equipment may be sources of petroleum product,hydraulic fluid,or other leakage or spills during construction of any of the alternates. The construction contractor would be required to obtain a National Pollutant Discharge Elimination System(NPDES)construction permit and a Land Alteration Permit,and prepare and implement a stormwater pollution prevention program that includes pollution prevention measures such as solid waste,hazardous waste,and spill management. Solid waste may be generated during construction,including materials such as asphalt and concrete debris,packaging,and incidental debris such as cans,bottles,and paper. Any materials removed by demolition,such as pavement or utility structures,would be removed offsite or recycled in place. The contractor would be required to use good site housekeeping practices during operation to minimize debris being washed or blown off the site,and to properly dispose of all waste. Hennepin Village Roadway Alternatives EAW April 2007 11 b. Describe the soils on the site,giving NRCS(SCS)classifications,if known.Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils.Discuss any mitigation measures to prevent such contamination. Soils in the study area are all well drained sand and loam with moderate to good permeability with the exception of soils immediately adjacent to Riley Creek,which are fine sandy loam with poor permeability. Soils are generally of Hydrologic Soil Group(HSG)A or B,indicating a high to moderate rate of transmission of water or liquids spilled on site. To minimize potential groundwater contamination the construction contractor would be required to obtain a National Pollutant Discharge Elimination System(NPDES) construction permit and prepare and implement a stormwater pollution prevention program that includes pollution prevention measures such as solid waste,hazardous waste,and spill management. Alternate Soil Type Soil Characteristics 1 and 2 L70C2 Lester-Malardi complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded L47B Eden Prairie sandy loam,2-6%slopes Well to excessively drained sandy loam,HSG B L22C2 Lester loam,morainic,6-12%slopes,eroded Well drained loam,HSG B L70D2 Lester-Malardi complex, 12-18%slopes, Well drained loam,HSG B eroded L2B Malardi-Hawick complex, 1-6%slopes Excessively drained sandy loam,HSG B L2C Malardi-Hawick complex,6-12%slopes Well to excessively drained sandy loam to loamy sand, HSG A to B L6OB Angus-Moon complex,2-5%slopes Well drained loam to loamy fine sand,HSG B 3 L70C2 Lester-Malardi complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded L32F Hawick loamy sand, 18-40%slopes Excessively drained loamy sand,HSG A L32D Hawick loamy sand, 12-18%slopes Excessively drained loamy sand,HSG A 4 L70C2 Lester-Malardi complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded L4C Crowfork loamy sand,6-12%slopes Excessively drained loamy sand,HSG A L32F Hawick loamy sand, 18-40%slopes Excessively drained loamy sand,HSG A L4D Crowfork loamy sand, 12-18%slopes Excessively drained loamy sand,HSG A 5 L32F Hawick loamy sand, 18-40%slopes Excessively drained loamy sand,HSG A L22F Lester loam,morainic,25-35%slopes Well drained loam,HSG B L70C2 Lester-Malardi Complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded 6 L2C Malardi-Hawick 6-12%slopes Excessively drained sandy loam,HSG B L2D Malardi-Hawick 12-18%slopes Well to excessively drained sandy loam,HSG B L32F Hawick loamy sand, 18-40%slopes Excessively drained loamy sand,HSG A L32D Hawick loamy sand, 12-18%slopes Excessively drained loamy sand,HSG A L47C Eden Prairie sandy loam,6-12%slopes Somewhat excessively drained loamy sand,HSG B L28A Suckercreek fine sandy loam,0-2%slopes, Poorly drained fine sandy loam,HSG D occasionally flooded,hydric Source: Natural Resources Conservation Service,Hennepin County Soil Survey. HSG=Hydrologic Soil Group. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater.If the use of toxic or hazardous materials will lead to a regulated waste,discharge or emission,discuss any alternatives considered to minimize or eliminate the waste,discharge or emission. Construction equipment may be sources of petroleum product,hydraulic fluid,or other leakage or spills during construction of any of the alternates. The construction contractor would be required to obtain a National Pollutant Discharge Elimination System(NPDES)construction permit and prepare and implement a stormwater pollution prevention program that includes pollution prevention measures such as solid waste,hazardous waste, and spill management. Hennepin Village Roadway Alternatives EAW April 2007 12 c. Indicate the number,location,size and use of any above or below ground tanks to store petroleum products or other materials,except water.Describe any emergency response containment plans. None. 21. Traffic.Parking spaces added . Existing spaces(if project involves expansion) . Estimated total average daily traffic generated .Estimated maximum peak hour traffic generated(if known) and time of occurrence .Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on the regional transportation system. The proposed project would not generate new traffic,but would reroute existing and future traffic. The attached Appendix A, Traffic Impact Study for Hennepin Village Roadway Alternatives, details the expected traffic impacts on study area streets. Weekday daily volumes were developed for the roadway network within the study area,and weekday a.m. and p.m.peak hour traffic volumes were developed for the Spring Road/Prospect Road intersection. The following scenarios were modeled: 2006 Existing,2008 No-Build,and 2008 Build. The 2008 No-Build scenario assumes that none of the six alternates would be built,but that the Oak Creek at Hennepin Village development and the development in the area west of Eden Prairie Road,north of Beverly Drive,off Sky Lane would be built. Appendix A provides detailed projected traffic counts at key intersections for each scenario. The traffic analysis concludes that: • All movements at the Spring Road/Prospect Road intersection operate at Level of Service B or better for all scenarios for all roadway alternates. Additional capacity exists to accommodate future residential development in the study area. • Daily volumes on the surrounding roadway system vary depending on the roadway alternative. All volumes are within ranges expected for these types of roadways. No operational or safety issues would be anticipated from these volumes. • All of the roadway alternatives provide additional emergency assess to the area through roadway extensions and removal of dead ends. • All of the roadway alternatives provide additional road maintenance access for snow plowing and emergency repairs through roadway extensions and removal of dead ends. 22. Vehicle-related air emissions.Estimate the effect of the project's traffic generation on air quality,including carbon monoxide levels.Discuss the effect of traffic improvements or other mitigation measures on air quality impacts.Note:If the project involves 500 or more parking spaces,consult EAW Guidelines about whether a detailed air quality analysis is needed. The project will not generate new traffic, so no new emissions are expected. 23. Stationary source air emissions.Describe the type,sources,quantities and compositions of any emissions from stationary sources of air emissions such as boilers,exhaust stacks or fugitive dust sources.Include any hazardous air pollutants(consult EAW Guidelines for a listing)and any greenhouse gases(such as carbon dioxide,methane,nitrous oxide)and ozone-depleting chemicals(chloro-fluorocarbons,hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride).Also describe any proposed pollution prevention techniques and proposed air pollution control devices.Describe the impacts on air quality. The project will not generate stationary source air emissions. Hennepin Village Roadway Alternatives EAW April 2007 13 24. Odors,noise and dust.Will the project generate odors,noise or dust during construction or during operation? _x_Yes No If yes,describe sources,characteristics,duration,quantities or intensity and any proposed measures to mitigate adverse impacts.Also identify locations of nearby sensitive receptors and estimate impacts on them.Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) Temporary and transient odors,noise,and dust would likely be generated during construction. The construction contractor would be required to operate within the city's noise ordinance limiting hours of construction. The construction specifications would include standard provisions for watering to settle dust. Post construction, there would be additional transient noise generated by traffic as it is rerouted across the roadway network. 25. Nearby resources.Are any of the following resources on or in proximity to the site? Archaeological,historical or architectural resources? _X_Yes No Prime or unique farmlands or land within an agricultural preserve? Yes _X_No Designated parks,recreation areas or trails? _X_Yes No Scenic views and vistas? _X_Yes No Other unique resources? _X_Yes No If yes,describe the resource and identify any project-related impacts on the resource.Describe any measures to minimize or avoid adverse impacts. Archaeological,Historical,or Architectural Resources The State Archeologist's Office notes that there are several recorded archeological sites and recorded burial areas in the study area,and that there is a good probability that unreported archeological properties might be present in the study area. The State Archeologist recommends that an archeological survey be completed for any area that is considered for construction impacts(see the attached letter from the Office of the State Archeologist). Alternates 1 and 3 cross known archeological sites. Alternates 2 and 4 pass adjacent to known archeological sites. Some of these sites are farmstead remnants,and some are burial mounds. If any of those alternates are pursued,further site evaluation including a Phase I(survey and investigation)and potentially a Phase II (excavation)archeological study must occur in consultation with the State Archeologist's Office,and a plan prepared to protect these resources. Parks,Recreation Areas,and Trails The Riley Creek corridor in the study area is designated in the Eden Prairie Guide Plan as passive Park and Open Space. The proposed Alternate 6 would provide public access to the creek corridor through the trail built alongside the road for the Oak Creek development project. The Upgrala Unit of the Minnesota Valley Wildlife Refuge is located nearby the study area,and is separated by Flying Cloud Drive from it. Alternates 1 and 2 are about 1,000 feet north of the unit,Alternate 6 about 3,000 feet north of the unit,and Alternates 3 and 4 are 300-900 feet to the north. Alternate 5 would require a new intersection with Flying Cloud Drive,and would thus be immediately adjacent to the Unit,although it would not require any construction in the Unit. Scenic Views and Vistas Alternates 1 and 2 would require the extension of Turnbull Road to the east,to connect with either Beverly Drive(Alternate 1)or a new road(Alternate 2). The new public road would be constructed on the alignment of what is now a private unimproved road located on a ridgeline between the bluff to the Minnesota River to the south and an extensive area of wooded open space to the north through which Riley Creek flows. Some tree Hennepin Village Roadway Alternatives EAW April 2007 14 removals would be necessary to construct a wider roadway to city standard. The existing view from the open space looking south is a wooded hillside with an occasional car passing by on the private road. Under Alternates 1 and 2,the view would be a wooded hillside with a public road and associated traffic on top of the ridge. Alternates 3,4,and 5 would require tree removals and construction of new roadways on the bluff,changing the appearance of the bluff. Alternate 6 would create a new crossing of Riley Creek through a corridor that currently has limited human- made structures,changing the appearance of the creek corridor. The Alternate 6 corridor would pass through an area that was formerly used as a golf course. A former golf cart trail crosses the creek in the study area. There is also a DNR concrete fish barrier structure in the study area. The city has a long-term plan to construct a trail in the creek corridor,and Alternate 6 would provide an opportunity to construct a portion of it concurrent with the road project,plus provide an additional access point. Other Unique Resources Downstream of the Riley Creek crossing proposed as part of Alternate 6 is Frederick-Miller Spring. This unique and historic resource draws persons from well beyond Eden Prairie,some of whom visit daily to fill their water bottles. A number of smaller springs and seeps have been delineated along Riley Creek. Construction of Alternate 6 is not likely to impact flow in Miller Spring. The presence of delineated springs along the creek from the area north of the proposed Alternate 6 crossing to Spring Road is strong evidence the riparian area of the creek is in the groundwatershed of Riley Creek,not Miller Spring. Flow measurements in Riley Creek taken in late fall 2006 show an increasing flow from a point north of the proposed Alternate 6 crossing to Spring Road,further indicating that groundwater in the vicinity of the creek is being expressed into the creek,not into Miller Spring. While the groundwatershed of Miller Spring has not been delineated(Ekman, pers.comm.,2006;Obermeyer,pers. comm.,2006),the spring originates in the bluff area directly west across Spring Road from the current spring trough location. It is likely that the Miller Spring groundwatershed is west and northwest of the spring. It is unknown whether construction of Alternates 1 through 5 would impact Miller Spring. Construction of Alternate 6 may impact some of the smaller springs in the vicinity of the crossing and thus may impact baseflow in Riley Creek. Dewatering for construction and installation of a stormwater detention pond to treat road runoff may temporarily or permanently redirect local surficial groundwater being expressed in the small springs in the area. There is not enough information available on the hydrogeology of the area to predict the specific impacts to these springs or whether there would be any net loss of groundwater contributions to baseflow. To minimize localized groundwater impacts,infiltration should be considered where possible. However,this area is also highly sensitive to groundwater pollution,so any infiltration facilities should maximize treatment to minimize pollutant transport into the surficial groundwater. 26. Visual impacts.Will the project create adverse visual impacts during construction or operation? Such as glare from intense lights,lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? Yes _X_No If yes,explain. None identified. Hennepin Village Roadway Alternatives EAW April 2007 15 27. Compatibility with plans and land use regulations.Is the project subject to an adopted local comprehensive plan,land use plan or regulation,or other applicable land use,water,or resource management plan of a local,regional,state or federal agency? _x_Yes No. If yes,describe the plan,discuss its compatibility with the project and explain how any conflicts will be resolved.If no,explain. As discussed in item#14 above,a part of Alternate 6 falls within a Shore Impact Zone. Roadways may be placed in the Shore Impact Zone provided the conditions of the city's zoning code are met. Section 11.50 Subd. 12(c)requires roads to be set back at least 50 feet from the Ordinary High Water Level. A crossing by definition must cross through the Shore Impact Zone and across the water body. The City Council must evaluate whether a waiver from this requirement should be granted based on the need for road construction. Alternates 3,4,5,and 6 partly fall within a Bluff Impact Zone and would be subject to the city's stormwater management ordinance provisions regarding construction on steep slopes. Similar to the Shore Impact Zone ordinance, Section 11.50 Subd. 12(c)requires roads in Bluff Impact Zones to be set back at least 50 feet from the Ordinary High Water Level. However,roads are permitted to be constructed on steep slopes provided adequate erosion control measures are taken. The City Council must evaluate whether erosion control measures proposed for any selected alternate for construction in the Bluff Impact Zone meets those requirements or whether a waiver should be granted based on the need for road construction. The alternates are also subject to regulations of the Riley-Bluff-Purgatory Creek Watershed District,under which any of these alternates would be compatible providing water quantity/quality and floodplain regulations are met. 28. Impact on infrastructure and public services.Will new or expanded utilities,roads,other infrastructure or public services be required to serve the project? _X_Yes No. If yes,describe the new or additional infrastructure or services needed. (Note: any infrastructure that is a connected action with respect to the project must be assessed in the EAW; see EAW Guidelines for details.) Construction of new roadway would require construction of additional storm sewer and/or stormwater Best Management Practices(BMPs)such as detention ponding or bioinfiltration/filtration. 29. Cumulative impacts.Minnesota Rule part 4410.1700,subpart 7,item B requires that the RGU consider the "cumulative potential effects of related or anticipated future projects"when determining the need for an environmental impact statement.Identify any past,present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts.Describe the nature of the cumulative impacts and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts(or discuss each cumulative impact under appropriate item(s)elsewhere on this form). Land Use The area within which these Alternates are located includes a number of large-lot developments that are likely to redevelop over time as higher-density residential development. In fact,the City's Comprehensive Guide Plan envisions this area,which is now zoned for large lot(one unit per 10 acres)single family development,as being in the future low density residential(0-2.5 units per acre). The extent,nature,and timing of this expected redevelopment is difficult to predict and is related mainly to market conditions. Construction of Alternates 1 or 2 may increase the attractiveness of redevelopment west of Eden Prairie Road by improving access,and that redevelopment may occur on a faster timeframe than expected. Hennepin Village Roadway Alternatives EAW April 2007 16 Water Quality Redevelopment of any part of the study area would likely create more stormwater runoff and would be subject to city and Watershed District stormwater management and Nondegradation rules and standards that limit additional impacts to downstream water quantity and water quality. If redevelopment occurred after completion of an approved TMDL Implementation Plan,it may also be subject to specific requirements limiting or reducing turbidity impacts on Riley Creek and the Minnesota River. Any redevelopment would also be subject to bluff management,erosion control,tree conservation,and other city ordinances limiting impacts. These regulations would limit any additional downstream impacts to the water resources in the Minnesota Valley National Wildlife Refuge. Transportation The City's 1997 Transportation Plan evaluated transportation and road needs based on expected full build-out conditions,including conversion of the Study area from large lot to low density residential. In 2002 that was updated to take into account the expected year 2020 population. This Transportation Plan is again being reviewed and updated as a part of the 2008 Guide Plan Update. The Transportation Plan provides guidance on long-term transportation network needs. Localized traffic impacts are monitored annually and improvements such as intersection upgrades that may be required are considered through the City's annual Capital Improvement Program. The road networks in place have the capacity to carry expected road volumes under full build-out. Dell Road is currently under design for future upgrade,and the intersection design of Turnbull Road and Dell Road and Dell Road and Flying Cloud Drive will take into account potential traffic impacts should Alternates 1 or 2 be selected. Other Impacts Visual impacts in the bluff zone have already occurred due to land and roadway development. Alternates 3,4, and 5 may result in additional visual impacts and may be visible from the Minnesota Valley Wildlife Refuge, adding to the cumulative visual impact. 30. Other potential environmental impacts.If the project may cause any adverse environmental impacts not addressed by items 1 to 28,identify and discuss them here,along with any proposed mitigation. None identified. 31. Summary of issues.Do not complete this section if the EAW is being done for EIS scoping; instead, address relevant issues in the draft Scoping Decision document, which must accompany the EAW. List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues,including those that have been or may be ordered as permit conditions. Because a preliminary design has already been developed for Alternate 6,this EAW has been able to more completely identify the potential environmental impacts of that Alternate than of the other Alternates,for which only conceptual designs were available. Should the City elect to provided with any of Alternates 1 to 5,then a more detailed environmental evaluation based on a more detailed preliminary design should be developed prior to more formal consideration of that Alternate. The following sections summarize mitigative measures and additional analysis that should be completed should the City decide to proceed with any of the Alternates. Mitigative Measures Cover Types • Reforest cleared areas where feasible. Hennepin Village Roadway Alternatives EAW April 2007 17 Physical Impacts on Water Resources • Provide compensatory storage for floodplain areas filled by the project as needed. • Mitigate or replace filled wetlands as needed. Water Use • Design and incorporate temporary settling basin(s) to treat any temporary dewatering discharges due to creek crossing construction. Erosion and Sedimentation • Ensure compliance with the City's stormwater management ordinance, the Minnesota Pollution Control Agency's(MPCA)stormwater pollution prevention program and Watershed District requirements. Water Quality:Surface Water Runoff • Incorporate infiltration, including rainwater gardens, grassed swales or stormwater ponds, to remove nutrients and sediment and reduce thermal loads to water resources. Geologic Hazards&Soil Conditions • Prepare and implement a stormwater pollution prevention program that includes best management practices for solid waste,hazardous waste and spill management. Other Unique Resources • Maximize use of infiltration where possible, while maximizing treatment prior to transport to the surficial groundwater. Additional Analysis Fish, Wildlife and Ecologically Sensitive Resources • Conduct an evaluation for special concern, threatened or endangered species within the selected corridor and prepare plans to avoid or minimize impacts to the identified species in conjunction with the DNR • Evaluate use of a bridge crossing (Alternative 6) to determine if it would significantly reduce impacts to upstream migration of fish,if needed • Evaluate stormwater treatment alternatives and their potential impacts to resources(including fish,wildlife, ecologically sensitive,water and archeological resources)within the selected corridor Physical Impacts on Water Resources • Evaluate construction of a bridge crossing (Alternative 6) to determine costs, construction limitations and whether it would significantly reduce impacts to the floodplain and/or wetlands within the crossing area • Evaluate culvert sizing to minimize increases in creek surface elevations and velocity impacts to the creek (Alternative 6) Archeological,Historical or Architectural Resources • Conduct an archeological study and prepare a mitigation plan as needed(Alternatives 1 through 4) for any areas within the construction limits prior to development of construction plans Other Unique Resources • Conduct further analysis to evaluate groundwater flow towards Frederick-Miller Spring as needed (Alternatives 1 through 5) Compatibility With Land Use Regulations • Evaluate the Shore Impact and Bluff Impact Zone ordinances and requirements to determine whether a waiver from any of these requirements would be necessary and should be granted based on the need for road construction,and any necessary mitigative measures. Hennepin Village Roadway Alternatives EAW April 2007 18 REFERENCES CITED Balaban,N.H. 1989. Geologic Atlas,Hennepin County,Minnesota. Minnesota Geological Survey Atlas C-4. St. Paul,MN. University of Minnesota. Ekman,Julie. 2006. Personal communication, 11/06. DNR Central Region 3 Area Hydrologist,Carver/Hennepin- South Counties. Ellison,Daryl. 2006. Personal communication, 11/06. DNR West Metro Area Fisheries Manager. Metropolitan Council Environmental Services(MCES). 2005. 2003 Stream Monitoring Report. St.Paul,MN. Environmental Quality Assurance Department. <<http://www.metrocouncil.org/Environment/RiversLakes/Streams/StreamResults.htm>>. Accessed December 4, 2006. Minnesota Department of Natural Resources(DNR). 2003. Riley Creek Stream Survey,Field Work 8-14-03 and 8- 15-03. Eden Prairie,MN. DNR file report. Minnesota Pollution Control Agency(MPCA). 2006. Minnesota Stormwater Manual. St.Paul,MN. <<http://www.pca.state.mn.us/water/stormwater/stormwater-manual.html>>. Accessed December 4,2006. Natural Resources Conservation Service. 2004. Hennepin County Soil Survey. <<http://websoilsurvey.nres.usda.gov/app/>>. Accessed December 4,2006. Obermeyer,Bob. 2006. Personal communication, 11/06. Riley-Purgatory-Bluff Creek Watershed District Engineer,Barr Engineering Company. Raleigh,Robert F. et al. 1986. Habitat Suitability Index Models and Instream Flow Suitability Curves:Brown Trout. US Department of the Interior:National Ecology Center,Division of Wildlife and Contaminant Research, Research and Development,Fish and Wildlife Service. Hennepin Village Roadway Alternatives EAW April 2007 19 RGU CERTIFICATION.The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor. I hereby certify that: • The information contained in this document is accurate and complete to the best of my knowledge. • The EAW describes the complete project;there are no other projects,stages or components other than those described in this document,which are related to the project as connected actions or phased actions, as defined at Minnesota Rules,parts 4410.0200,subparts 9b and 60,respectively. • Copies of this EAW are being sent to the entire EQB distribution list. Signature Date Title The format of the Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at the Administration Department.For additional information,worksheets or for EAW Guidelines,contact: Environmental Quality Board,658 Cedar St.,St.Paul,MN 55155,651-296-8253,or http://www.eqb.state.mn.us Hennepin Village Roadway Alternatives EAW April 2007 20 -1" -\_,______ ri 7i,L)ri r - '':U \ r--- Hennepin County .,._ L ,c-i— , ri rii o iiin F Z 1 _I _1 IlDc, - — , ,....s.g,7 1 II 1 )..___L. Eden Project '7 Location Prairie P ) 5/ 1s,L, LI \--1-- —A ,_yi c_r- N ---\___.. ., —An— / _ vJ L_ S-' 5 2.. 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(1\--k.-...-.'-."-.1 -\-zr- - 6 4))11)1 if——p i _ Pri ( ) !f2.1 ------r.— ..1 a i ' i4 r - r— — '' ti(d) `Jet '-_ `\ coW Q i IP _: '" •.(... r lik ever r _ �, --_---:-:- j,17: 1 ...-----... vi-d ..-- up.k. • ' � 3 II •� t (---. ....„,....—...d. -- lit I L2c) ) '1:111,,'0114 / i i ---\._....,--y_____--t-- • Turnbull,Rdj'-h. r 0 . l -. : I ----I F- je� � Roadway. Alternate 3 rc-,2_,,L.y. Roadway Alternate 2 ° II) 1r ' ' I R ‘A -Sl‘qu'll'I'1".*--- 14N? 11\7-%\-\::- (Alignment to be determII izir 1ined) * r ._ p l vw;piiirei ..:. mr7"fr-NiL.._ — ..N...._-_ _111-- ---Nk .7v\N-iirk • ....(c..._:7!.::\ .r RoadwayAlternate 5 tiitigii\CI !,11.04 1, „el! ?r ` 'Ilk ed .., 5 tit ...it..-. p....00 j. 2-5-1i iikrim,m - N. 111?1:9 ) -L.L.1 ti,........... . . t ,._, L Lauri, ` Dr, e iJ + ' Roadway Alternate 4 USGS Eden Prairie and Shakopee Quadrangles • . . q — �`ii_ ,- r�I � l�� Roadway Alternates and Estimated Grading Areas, •••-.,: -..�� ,_� T _ ... 'i!� •• _: d ` �- _ _ Feet — --77 .. M3R.N7 • ".. ---,„...---1. - .._,_ L:/0094/03 EAW/mxd/Study Area Quadrangle • irril. � CITY OF EDEN PRAIRIE Y Wenck DEC 2006 U Wenck Associates,Inc. 1800 Pioneer Creek Center Hennepin Village Roadway Alternatives Study Area Environmental Engineers Maple Plain,MN 55359-0429 Figure 2 1-4115 ,. 0••, I. ..2! .n.• .:LW 4-:.'- fit • e r a 1 �• M r i - Prospect E 11__ L %it ` 1,... er iti, ,F, . , t: .• . . .. 1 • �r�-. ...IF. •\ r i 4 r tip` 'i*r<5-I !m 4. • - +•. ' . ip.. _ 'j '. AI ; r _ `�1 Y • V.. �.t 1 . ; i •, Roadway Alternate 6 :.5. " r=-.'+ _ Roadway Alternate 1 e - _.. ,. + - ..t. �y •ins t .r i: A `■ . _ • ...r - �.' .f �.,jam 411 v- T_R Turn_bull G o] �� :.-r. g -1. t .i -A lij; ti ti� � u1 t _�� _. • S Roadway Alternate 3 • t o� .. Roadway Alternate 2 - T.. • f•f ' ' , k (Alignment to be determined) y f ' . 4f .. r ti R Roadway Alternate 5 ,. -.- ,- • L • • • • • r - - Flying Cloud ur� } 2004 Aerial Photography, City of Eden Prairie L; i _ _ Roadway Alternate 4 Roadway Alternates and Estimated Grading Areas, • City of Eden Priaire _ • • . 700 350 0 700 3 -- . ...., ... - • .- '"• y�:ai. . ���� Feet _ s J T •• .er Mxd:L:\0094\0094-12 EAWvnxd\Project Location and Roadway Alternatives.mxd •. - c —A. •ti Last Modified'12I6I2000 3:22:04 PM - - CITY OF EDEN PRAIRIE 1 Wenck DEC 2006 a - Project Location and Roadway Alternatives WenckAssociates,Inc. 1800 Pioneer Creek Center Figure 3 Environmental Engineers Maple Plain,MN 55359-0429 Roadway Alternative Streams Steep Slopes Areas where slopes of 12% to 18% are more likely to be found Areas where slopes greater than 18% are more likely to be found El Estimated Grading Area Roadway Alternate 1 Roadway Alternate 6 ■ s'�y I <? (13 Bever�� w .Es a a om Turnbull Rd w .�� 1rw a111 n9 �� � ( Roadway Alternate 3 • Oz Roadway Alternate 2 (Alignment to be determined) :431: oill y®Roadway Alternate 5 A®Fly• ■ ■ _�_����.����� Roadway Alternate 4 Steep Slope data, Hennepin County .4 Iv-- 1 1......W. X 7 7..."' Air �r��@ .� Roadway Alternates and Estimated Grading Areas, City of Eden Priaire 500 250 0 500 Feet L:/0094/0094-12 EAW/mxd/Steep Slopes CITY OF EDEN PRAIRIE i Wenck DEC 2006 0 U Wenck Associates,Inc. 1800 Pioneer Creek Center Hennepin Village Roadway Alternatives Areas With Steep Slopes Environmental Engineers Maple Plain,MN 55359-0429 Figure 4 AAA Minnesota Department of Natural Resources Natural Heritage and Nongame Research Program, Box 25 500 Lafayette Road JSt. Paul,Minnesota 55155-40 yT �.�`�� Phone: (65I)259-5107 Fax:(651)296-I81 1 E-mail:sarah.wren@dnr.state.mn.us -PNATUFO"" November 13, 2006 Diane Spector Wenck Associates, Inc. 1800 Pioneer Creek Center,P.O.Box 249 Maple Plain,MN 55359 Re:Request for Natural Heritage information for vicinity of proposed Eden Prairie Hennepin ViIIage Roadway Alternatives, TI 16N R22W Sections 29 & 30,Hennepin County NHNRP Contact#: ERDB 20070339 Dear Ms. Spector, The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one-mile radius of the area indicated on the map enclosed with your information request.Based on this review,there are?2 known occurrences of rare species or native plant communities in the area searched(for details,see enclosed database printouts and explanation of selected fields).Following are specific comments for only those elements that may be impacted by the proposed project. Rare feature occurrences not listed below are not anticipated to be affected by the proposed project. • Alternatives 3, 4, and 5 pass through an area that has been identified by the Minnesota County Biological Survey as a "Site of High Biodiversity Significance". "Sites of Biodiversity Significance" are areas with varying levels of native biodiversity that may contain high quality native plant communities,rare plants, rare animals, and/or animal aggregations. This particular site contains dry sand-gravel prairie and pin oak—bur oak woodland native plant communities(see enclosed map), as well as an occurrence of Rhombic-Petaled Evening Primrose (Oenothera rhombipetala), a special concern plant species. We recommend that only those alternatives that would avoid impacting this ecologically significant site be considered for further evaluation. The Natural Heritage database is maintained by the Natural Heritage and Nongame Research Program, a unit within the Division of Ecological Services,Department of Natural Resources.It is continually updated as new information becomes available,and is the most complete source of data on Minnesota's rare or otherwise significant species, native plant communities, and other natural features. Its purpose is to foster better understanding and protection of these features. Because our information is not based on a comprehensive inventory, there may be rare or otherwise significant natural features in the state that are not represented in the database. A county-by-county survey of rare natural features is now underway,and has been completed for Hennepin County. Our information about native plant communities is,therefore,quite thorough for that county. However,because survey work for rare plants and animals is less exhaustive, and because there has not been an on-site survey of all areas of the county, ecologically significant features for which we have no records may exist on the project area. The enclosed results of the database search are provided in two formats: index and full record. To control the release of locational information which might result in the damage or destruction of a rare element, both printout formats are copyrighted. The index provides rare feature locations only to the nearest section, and may be reprinted,unaltered,in an Environmental Assessment Worksheet,municipal natural resource plan, DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • I-800-657-3929 An Equal Opportunity Employer �� Primed on Recycled Paper Containing a Minimum of IO'7r Post-Consumer waste or report compiled by your company for the project listed above. If you wish to reproduce the index for any other purpose, please contact me to request written permission. The full-record printout includes more detailed locational information,and is for your personal use only.If you wish to reprint the full-record printouts for any purpose,please contact me to request written permission. Please be aware that review by the Natural Heritage and Nongame Research Program focuses only on rare natural features. It does not constitute review or approval by the Department of Natural Resources as a whole. If you require further information on the environmental review process for other natural resource- related issues,you may contact your Regional Environmental Assessment Ecologist,Wayne Barstad,at(651) 772-7940. An invoice in the amount of$78.57 will be mailed to you under separate cover within several weeks of the date of this letter. You are being billed for map and database search and staff scientist review. Thank you for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources. Sincerely, Sarah D. Wren Endangered Species Environmental Review Coordinator encl: Database search results Rare Feature Database Print-Outs:An Explanation of Fields Native plant communities map cc: Wayne Barstad Sli.TE t,Q% Qom, w lei a y� November 20,2006 Ms.Amy Denz Wenck Associates,Inc. 1800 Pioneer Creek Ctr. P.O. Box 249 Maple Plain, MN 55359-0249 RE: Proposed alternative roadway alignments off of County Road 4(Eden Prairie Road)near Highway 169. Tl 16N R22W Sec.29/30,City of Eden Prairie, Hennepin County,Minnesota Dear Ms. Denz: Thank you for consulting with our office during the preparation of an Environmental Assessment Worksheet for the above referenced project. There are several recorded archaeological sites and recorded burial areas both within and adjacent to the project. Moreover we believe that there is a good probability that unreported archaeological properties might be present in the project area. Therefore,we recommend that an archaeological survey of the area be completed. The survey should meet the requirements of the Secretary of the Interior's Standards for Identification and Evaluation, and should include an evaluation of the National Register eligibility for any properties that are identified. Any fieldwork and reports should also follow the guidelines established by the State Historic Preservation Office. It appears that Alternate 3 crosses archaeological site 21 HE0306 and that Alternate I crosses archaeological site 21I-IE00241. These sites would need to be evaluated and potential impacts to the sites addressed. Due to the presence of three previously recorded burial areas adjacent to the potential corridors,continuing consultation with this office is recommended. This is particularly important with Roadway Alternate 2, where the alignment has yet to be determined. Alternate 2 passes adjacent to two recorded burial areas 21HE0020 and 21HE0024. The presence of these burial areas should be considered when determining a final alignment for this alternate. Roadway Alternate 4 also passes adjacent to burial area 21I-IE0104. With both of these alternates(2 and 4)potential borrow sources,tree removal,backslopes and equipment/materials storage areas are also of concern. If you have any questions please contact me at(612)725-2729 Sincerely, Bruce Koenen Research Archaeologist Table of Contents 1.0 PURPOSE AND BACKGROUND 1-1 2.0 EXISTING CONDITIONS 2.1 3.0 FUTURE ROADWAY ALTERNATIVES 3-1 4.0 TRAFFIC FORECASTS 4-1 5.0 TRAFFIC ANALYSES 5-1 6.0 CONCLUSIONS 6-1 FIGURES I PROJECT LOCATION AND ROADWAY ALTERNATIVES 2 EXISTING DAILY VOLUMES T:10094112 EAVJ\Reportl0D94-12 traffic study Lamm t.doc j 1.0 Purpose and Background The purpose of this study is to evaluate traffic impacts of six roadway alternatives in the area north of Flying Cloud Drive at Eden Prairie Road. The City of Eden Prairie is considering closing or rerouting the intersection of Eden Prairie Road and Flying Cloud Drive. The southbound approach to the intersection is steep and winds down the bluff to the Minnesota River, It is difficult to maintain in the winter and has been the location of several accidents. There are numerous residential properties on Eden Prairie Road, Beverly Drive, and a developing area off of Sky Lane that rely on that intersection for access to Flying Cloud Drive or as a secondary emergency access to the area. Closure of the intersection would require an alternate east-west connection to either Spring Road to the east or Dell Road to the west to provide that access. It may also be possible to reroute Eden Prairie Road on an alternate alignment down the bluff. Figure 1 illustrates the study area and the following proposed roadway alternates: 1, Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to Beverly Drive, 2. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to a new street south of and paralleling Beverly Drive. 3. Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Flying Cloud Drive. 4. Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive. S. Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection. 6. Connect Eden Prairie Road to Spring Road by extending Prospect Road west to Eden Prairie Road. Two future residential developments were included as part of the traffic study: 90 single family dwelling units were assumed for the Oak Creek and Hennepin Village development area east of Eden Prairie Road and 40 single family dwelling units for the developing area west of Eden Prairie Road, north of Beverly Drive, off of Sky Lane. 1-I April, 2007 2.0 Existing Conditions Eden Prairie Road. Eden Prairie Road is a two lane, rural section roadway that serves as a local street in the study area. The roadway extends north from T.H. 212 through the study area to the new alignment of CR 4(Spring Road). In the study area, Eden Prairie Road provides direct access for residential uses as well as access from intersecting streets. County Road 4 (Spring Road). Spring Road is a two lane, rural section roadway south of Prospect Road. North of Prospect Road, Spring Road is a two lane,urban section roadway which intersects with Mitchell Road south of County Road 1 and aligns with County Road 4 at County Road 1 (Pioneer Trail). Prospect Road. Prospect Road is a two lane, urban section roadway that extends west from Spring Road. The roadway presently ends approximately 1,500 feet west of Spring Road. Prospect Road provides access for a residential development located west of Spring Road. Existing daily traffic volumes are shown in Figure 2. Weekday a.m. and p.m. peak period turn movement volumes were recorded at the Spring Road/Prospect Road intersection on October 10 and 11, 2006. These volumes are presented later in this report. 2-1 April, 2007 3.0 Future Roadway Alternatives As described earlier, this report analyzes the traffic impacts of six roadway alternatives. The six roadway alternatives included in this report are described below and shown in Figure 1. 1. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to Beverly Drive. 2. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to a new street south of and paralleling Beverly Drive. 3. Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Flying Cloud Drive, 4, Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive. S. Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection. 6. Connect Eden Prairie Road to Spring Road by extending Prospect Road west to Eden Prairie Road. 3-1 April, 2007 4.0 Traffic Forecasts Forecasting Scenarios To effectively address the traffic impacts of the roadway alternatives, traffic forecasts were completed for 2008. Weekday daily volumes were developed for the roadway network within the study area and weekday a.m. and p.m. peak hour traffic volumes were developed for the Spring Road/Prospect Road intersection. Analysis for the subject intersection includes the following scenarios: • 2006 Existing • 2008 No-Build • 2008 Build The following methodology was used to develop traffic volumes for the above scenarios: • 2006 Existing. Weekday a.m. and p.m. peak hour traffic volumes for this scenario were established based on peak period traffic counts. • 2008 No-Build. To account for natural background traffic growth, existing volumes were increased at a rate of two percent per year for two years. The No-Build scenario assumes residential development continues in the area (including the Oak Creek at Hennepin Village and Sky Lane developments) but the roadway network remains as it exists today. • 2008 Build. Volumes changes due to the roadway alternatives and the two residential developments were added to the 2008 No-Build volumes to establish 2008 Build volumes. Trip Generation As described earlier,two new residential developments—Oak Creek at Hennepin Village and development off Sky Lane north of Beverly Drive - were included in the traffic analysis. Weekday peak hour and daily trip generation for these developments was based on data presented in the Institute of Transportation Engineers' (1TE) Trip Generation, Seventh Edition. The resultant trip generation is shown in Table 1. 4-1 April, 2007 Table I Weekday Peak Hour Trip Generation A.M.Peak Hour P.M.Peak Hour Use Size Units Trips Trips Daily In Out In Out Total Single Family 90 Dwelling units 17 51 57 34 g61 Single Family 40 Dwellin its 8 22 25 15 382 25 73 82 49 1,243 Additional trips generated by development located east of Spring Road on Charlson Road were also accounted for in the forecasts, information obtained from City staff was used to determine the additional trips added by residential, office, and retail uses located east of Spring Road. These trips were added to the roadway network based on the previous traffic study completed for that area. Trip Distribution Percentages Trip distribution percentages for the two new residential developments were based on existing count data, the locations of the new developments, and the available roadway network. We estimate that 80 percent of the new trips will be oriented to/from the north on Eden Prairie Road and 20 percent to/from the south on Eden Prairie Road. The existing volumes were adjusted to account for the impacts of each roadway alternative. These adjustments were made based on the available roadway network under each alternative and logical shifts in travel patterns that motorists would make for each alternative. Traffic Volumes The total weekday a.m. and p.m. peak hour volumes for the Spring Road/Prospect Road intersection are shown in Tables 2 and 3, respectively. The weekday daily volumes for the surrounding roadway network are shown in Table 4. 4-2 April, 2007 Table 2 Weekday A.M. Peak Hour Turn Movement Volumes at Spring Road and Prospect Road Roadway Alternative Scenario EBLT EBRT NBLT NBTH SBTH SBRT >- 2006 51 3 2 381 73 13 1 2008 no build 51 3 2 395 76 13 - 2008 build 51 3 2 423 83 13 2 118 3 2 395 76 13 �: .. . 3 2 423 83 13 3 2008 no build 51 3 2 395 76 13 ; build 51 3 2 395 76 13 4 2008 no . 3 2 395 76 13 2008 build 3 2 395 76 13 rat. no build 51 3 — 2 395 76 13 2008 build 51 3 2 395 76 13 62008 no . 3 2 395 76 13 2008 build 72 3 2 451 90 25 EBLT=enstbouud ten turn.f.l3RTreustbound right turn,NDL'r-northbound left turn.NI3TH=northbound through,S13'1'Hmsouthhound through. SaR3'souurbound right turn Table 3 Weekday P.M. Peak hour Turn Movement Volumes at Spring Road and Prospect Road Roadway Alternative Scenario EBLT CBRT NBLT NBTH SBTH SBRT 2006 21 2 I 127 334 46 y 2008 no build 21 2 T I 133 - 347 46 2008 build 21 2 1 143 372 46 2 2008 no build 21 2 I 133 347 46 2008 build 21 2 1 143 372 46 3 2008 no build 21 2 1 133 347 46 2008 build 21 2. 1 133 347 46 4 2008 no build . 21 2 m 1 133 347 46 2008 build 21 2 1 133 347 46 2008 no build 21 2 1 133 347 46 2008 build 21 2 1 133 347 46 6 2008 no build 21 2 1 133 347 - 46 2008 build 43 t 2 1 1 154 396 86 F.I31.T=eastbound left rum,EDRT=wstbound right turn,NBLTrnerthbound loft turn,Nlyri-I=northbound through,SI3TH-soulliuttncl through, SBRT-southbuund right tutu 4-3 April,2007 Table 4 Weekday Daily Volumes on the Surrounding Roadway System Location Roadway Eden Prairie Rd. Beverly Dr.west of Spring Rd.north of Prospect Rd.west of Alternative Scenario south of Beverly Dr. Eden Prairie Rd. T.H.212 Spring Rd. 2006 1,400 110 3,375 700 1 2008 no build 1,450 110 3,500 700 2008 build 60 455 3,850 700 2 2008 no build 1,450 110 — 3,500 700 2008 build 60 490- 3,850 700 3 = 2008 no build _ 1,450 _110 3,500 700 2008 build 1,700 490 5,150 700 - 4 2008 no build _ 1,450 110 3,500 700 2008 build 1,700 490 5,150 700 2008 no build 1,450 110 3,500 700 2008 build 1,700 490 3,500 -_ 700 6 2008 no build 1,450 110 3,500 700 2008 build 60 490 4,325 1,300 4-4 April, 2007 5.0 Traffic Analyses Level of Service Weekday a.m. and p.m. peak hour capacity analyses were completed for the Spring Road/Prospect Road intersection for the 2006 Existing,2008 No-Build, and 2008 Build scenarios. Capacity analysis results are presented in terms of level of service (LOS), which ranges from A to F. LOS A represents the best intersection operation, with very little delay for each vehicle using the intersection. LOS F represents the worst intersection operation with excessive delay. The analysis indicates that the eastbound lett turn and tight movements operate a LOS B and all movements on Spring Road operate at LOS A during both the a.m. and p.m. peak hours for all scenarios. Therefore, adequate capacity exists at this intersection to accommodate any of the roadway alternatives without any geometric or control changes. Daily Volume Impacts As shown in Table 4, daily volumes on the surrounding roadway system vary depending on the roadway alternative. Alternatives 1 and 2 shift volume from Eden Prairie Road to the Turnbull Road extension and Spring Road. Alternatives 3 and 4 reroute the Eden Prairie Road volume to Spring Road. Alternative 5 has minimal impact on volume because it maintains access at T.H. 212 for Eden Prairie Road. Alternative 6 results in the largest increase on Prospect Road due to the extension to Eden Prairie Road. Review of the daily volumes indicates that all volumes are within ranges expected for these types of roadways. We do not anticipate any operational or safety issues with the volumes shown on any of the roadways. The peak hour level of service at the Spring Road/Prospect Road intersection remains the same as existing under all alternatives, indicating adequate capacity to accommodate all alternatives, including alternative 6. The volumes indicate that additional capacity exists on the roadway system to accommodate additional residential development that may occur in the future. Emergency Access Impacts A sound roadway system with multiple routes to development areas is critical for effective emergency response. The creation of long cul-de-sacs is undesirable and often prohibited in communities. If Eden Prairie Road is closed south of Beverly Drive, at is would be under Alternatives 1, 2, and 6, additional access to this area should be provided. In Alternatives 1 and 5-1 April, 2007 2, the additional access is provided through the Turnbull Road extension. Under Alternative 6, the additional access is provided through the extension of Prospect Road to Eden Prairie Road. Alternative 6 also improves access to the existing residential area west of Spring Road at Prospect Road. Alternatives 3,4, and 5 continue to utilize Eden Prairie Road for additional access. Road Maintenance Access A continuous roadway network is important for effective road maintenance operations, including snow plowing and emergency repairs. Alternatives .l and 2 provide a new connection to Deli Road,which helps connect the study area with the area to the west. Alternatives 3,4, and 5 continue to use Eden Prairie Road as a connecting road through the study area. Alternative 6 creates a cul-de-sac on Eden Prairie Road while eliminating a dead end on Prospect Road. 5-2 April, 2007 6.0 Conclusions Based on the information presented in this report, we have established the following conclusions: • All movements at the Spring Road/Prospect Road intersection operate at LOS B or better during the 2006 and 2008 scenarios for all roadway alternatives. Additional capacity exists to accommodate future residential development in the study area. None of the alternates would require additional roadway improvements. • Daily volumes on the surrounding roadway system vary depending on the roadway alternative, Review of the daily volumes indicates that all volumes are within ranges expected for these types of roadways. We do not anticipate any operational or safety issues with the volumes shown on any of the roadways. • A sound roadway system with multiple routes to development areas is critical for effective emergency response. 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I. ,DTI I17 a a . ii N Jim 100 al : 'ri 401.6...•'' Fit.$27r i.:,11.,1171e e I . \Ai' 41 R' L ' } �' ' I N N Z 'UlAiIre .v11'' 1..• IL r ... _ .., J°1r - APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 1, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:03 p.m. City Planner Michael Franzen was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ARBOR DAY PROCLAMATION Mayor Young read a proclamation proclaiming May 5, 2007, as Arbor Day in the City of Eden Prairie. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said he will add an item under Item XIV.B. REPORT OF CITY MANAGER. MOTION: Duckstad moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. TOWN HALL MEETING HELD ON TUESDAY,APRIL 10, 2007 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Town Hall Meeting held Tuesday, April 10, 2007, as published. Motion carried 5-0. B. COUNCIL WORKSHOP HELD ON TUESDAY,APRIL 17, 2007 MOTION: Butcher moved, seconded by Aho, to approve the minutes of the City Council Workshop held Tuesday, April 17, 2007, as published. Motion carried 5- 0. CITY COUNCIL MINUTES May 1,2007 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY,APRIL 17, 2007 MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the City Council Meeting held Tuesday, April 17, 2007, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION Neal introduced Heritage Preservation Commission (HPC) Chair Betsy Adams and Staff Liaison John Goertz. Chair Adams reviewed the purpose of the HPC. She said the National Park Service approved Certified Local Government(CLG) status for the HPC in 1991 which gave the City access to CLG grants drawn from federal historic preservation funding. Since 1991 we have received 14 grants for a variety of projects, including a resource survey, a historical property inventory, local and national register documentation, and educational projects. In addition to providing access to grants, CLG status provides annual training sessions for commission members at state-wide preservation conferences. Chair Adams reviewed the Commission's 2007 projects, including rehabilitation and improvements at the Glen Lake Children's Camp, a property reuse study of the J. R. Cummins property which will be affected by the expansion of Pioneer Trail scheduled to start in 2008, and education/outreach efforts that will include two more permanent interpretive panels, a traveling kiosk, an enhanced presence on the City's website, and the reprinting of Helen Anderson's book,Eden Prairie: The First 100 Years. Mayor Young thanked Adams and Goertz for the presentation. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LOCK UP PUD AMENDMENT Second reading of the Ordinance for Planned Unit Development District Review with waivers on 2.11 acres and Zoning District Amendment in the Commercial Regional Service Zoning District on 2.11 acres. Location: Hennepin Town Road & Pioneer Trail. (Ordinance No. 13-2007-PUD- 2-2007 for PUD District Review and Zoning District Amendment and Resolution No. 2007-54 for Site Plan Review on 2.11 acres) C. ADOPT RESOLUTION 2007-55 APPROVING FINAL PLAT OF STARING LAKE CORPORATE CENTER D. APPROVE SECOND READING OF ORDINANCE NO. 14-2007 AMENDING CITY CODE SECTION 2.32 RELATING TO CITY EMPLOYEES WHO MAY ISSUE CITATIONS CITY COUNCIL MINUTES May 1,2007 Page 3 E. AWARD BIDS FOR RECONSTRUCTION OF MILLER PARK SOCCER FIELDS #12 AND #13 TO REHBEIN COMPANIES F. AWARD BIDS FOR THE COMMUNITY CENTER PRE-FAB CONCRETE AND BASEBALL FIELD FENCING AND NETTING G. ADOPT RESOLUTION NO. 2007-56 ESTABLISHING MUNICIPAL STATE AID STREETS H. ADOPT RESOLUTION NO. 2007-57 DECLARING PROPERTY "ABANDONED" I. AWARD CONTRACT FOR 2007 STREET STRIPING TO UNITED RENTALS, I.C. 07-5696 J. APPROVE EXECUTION AND DELIVERY OF QUIT CLAIM DEED FROM THE CITY TO THE HOUSING AND REDEVELOPMENT AUTHORITY K. APPROVE ASSIGNMENT OF CONTRACTS AWARDED BY THE CITY FOR THE COMMUNITY CENTER RECONSTRUCTION TO RJM CONSTRUCTION L. ADOPT RESOLUTION NO. 2007-58 ADOPTING AMENDED TIF PLANS AND BUDGETS FOR TAX INCREMENT FINANCING DISTRICTS 12, 14, 15, 16 17 AND 18 MOTION: Butcher moved, seconded by Duckstad, to approve Items A-L of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Butcher, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote,with Aho,Butcher, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. TECHNOLOGY TASK FORCE Neal said the Council recently approved forming a Community Technology Task Force to study issues related to broadband services in Eden Prairie. The goal is to appoint up to 15 members that represent a broad cross-section of the community including residents, large and small businesses, the Chamber of Commerce, the CITY COUNCIL MINUTES May 1,2007 Page 4 School District, HTC, and Hennepin County Library. He listed the names of 11 individuals who have committed to serve on the Task Force and recommended those 11 individuals be appointed this evening. He noted the group represents a good cross-section of larger business, home-based businesses, and retail companies. There are six other potential members who have been contacted,but have not yet committed, and he hoped to bring recommendations for the remaining positions to the May 15 Council meeting. MOTION: Duckstad moved, seconded by Nelson, to appoint Scott Otis, Steve Sandness, Matt Thomas, Gary Hansen, Mike Schnapf, Kiran Mysore, Heather Peterson, Marc Soldner, Ron Woods, Jodi Russell, and Rich Miller to the Community Technology Task Force. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. May 15 Workshop Neal said his annual performance review is scheduled for the May 15 Council Workshop, and the consultant who was hired to coordinate the review has not received all of the input. He asked Council Members to submit their input via email by Friday, May 4, so it can be included in the review. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR Mayor Young said there are two separate items regarding the Hennepin Village Roadway Alternatives on tonight's agenda. The first item is a proposed resolution regarding the Hennepin Village Roadway Alternatives Environmental Assessment Worksheet(EAW). The public hearing on that item is closed, and no public discussion will be heard. The second item is the selection of the Hennepin Village Roadway Alternative and,while it is not a public hearing, the Council will accept public comment. He asked that comments be limited to 3-5 minutes in length, and said he will alternate between those for and those against the proposed roadway. Nelson said she will not participate in nor vote on the first item because of a possible conflict of interest. She said she will reserve the right to participate in the discussion of the second item on Prospect Road. CITY COUNCIL MINUTES May 1,2007 Page 5 1. Hennepin Village Roadway Alternatives EAW (Resolution) Dietz reviewed the background of why a discretionary EAW was completed for the roadway. He noted the EAW was not done to determine if the area surrounding Eden Prairie Road should be developed because that decision was made with the 1990 decision to expand the Metropolitan Urban Service Area(MUSA) line. He said the discretionary EAW was done because of the concerns about environmental issues raised in the summer of 2006 during the hearing process for the Hennepin Village at Oak Creek project. In order to obtain additional information on the environmental impact, the City Council authorized a Discretionary EAW at their October 3, 2006 meeting. Dietz said the Hennepin Village concept plan was approved by the Planning Commission and City Council in 2001. That resulted in a Developers Agreement executed in 2002 that included a map showing a general alignment for Prospect Road. He said City staff recommended Prospect Road be constructed from Spring Road to Eden Prairie Road at the time of the initial development. The developer was not able to control the land on Site B until after the development of Site A, so the decision was made to build Prospect Road in two phases, the first with Site A and the second with Site B, and with the caveat that the Site B phase could be delayed until utilities were available along Eden Prairie Road. Dietz said this was a very large 250-acre project that will ultimately include over 70 acres of open space dedication that allows the higher density clustered in Sites A, B and C. There was a lot of negotiation and compromise during the approval process. He said the road connection designed by the developer was put as far south as possible without chasing grades in the construction. He said the main question regarding the environmental impact was the impact it would have on Miller Spring. Environmental Coordinator Leslie Stovring reviewed the draft EAW, the revisions made to bring it to the final format, and the comments received regarding the document. She noted the final document is available on the City's website. She said the EAW is a screening tool to determine if a full Environmental Impact Statement(EIS) is required or if additional environmental review is required. The worksheet is a set of questions prepared by the State that we go through and answer in a particular format. Stovring said there were a number of comments received and those that were directly related to the EAW were included in the revised EAW to make it more complete. She reviewed the revisions made to Sections 11, 17, 21, 25 29, and 30 of the EAW. She said the Summary of Issues (Section 30), which includes recommendations for additional analysis that would be done based on the selected alternative,was expanded and clarified. Stovring said the General Comment Summary includes over 140 comments that were not incorporated into the EAW. She noted all the agency CITY COUNCIL MINUTES May 1,2007 Page 6 comments have been responded to in the letter. She said there were a number of comments received that did not relate to the EAW including comments about financial considerations, alternative selection, Prospect Road, and miscellaneous and editorial comments, and those comments were included in a separate section. Young said he wanted to reinforce Mr. Dietz's explanation. He noted this is the conclusion of an 8-10 month voluntary process that was begun because of a staff recommendation. He said comments critical of the level of staff effort on the EAW are unfair. He thought Staff should be commended for recognizing the issue and bringing it to the Council's attention. A lot of time has been spent by staff and the Conservation Commission to gather and review the information, and the question tonight is whether we know enough to make a decision. Butcher thanked all the residents who have spent time thinking about the EAW and the impact to the environment they live in. She thought this is an example of a process of good government where we collect information, listen to comments, hear what people have to say, and explore possibilities when there are ideas that come forward. She said she had concerns particularly about Miller Spring when the environmental issues were raised last summer; however, it turned out Miller Spring would likely not be impacted at all. There were other things of concern such as the kittentail grass,but we can make alterations to the roadway to accommodate that species. She thought the points of concern were all answered, and she would support that the EAW is complete and an EIS is not necessary. Duckstad concurred with Council Member Butcher's comments. Young agreed we do know enough to move forward and the EAW was complete. MOTION: Aho moved, seconded by Duckstad, to adopt Resolution 2007- 59 finding that the Hennepin Village Roadway Alternatives EAW is determined to be accurate and complete and that there is a finding of no significant impact. Motion carried 4-0-1,with Nelson abstaining. 2. Hennepin Village Roadway Alternative Selection Young asked Dietz to highlight two issues in his review of the item, the safety concerns for Prospect Road and the issue of secondary access. Dietz said there are five primary deficiencies for Eden Prairie Road that are all safety related. It is less than 25 feet wide and the standard is 28 feet. The street grade is 14% on the south end, and we strive for a maximum of 8%. There are horizontal curves that do not meet design standards in an urban system. The sight distances are poor, especially because of the horizontal curves. The landing on Highway 212 is very short and the speeds on Hwy CITY COUNCIL MINUTES May 1,2007 Page 7 212 are 50-55. There should be 50-100 feet of flat landing with a 1-2% grade in that situation. He said, while part of the discussion is our concern about secondary access for Site A, we are also trying to provide secondary access for the 300-400 houses that will surround Eden Prairie Road. Dietz displayed a topographical map of the area showing the alternatives presented in the EAW and the location of all the burial mounds in the vicinity. He reviewed Alternatives 1-5, noting all of the alternatives provide secondary access for the houses that surround Eden Prairie Road,but they do not provide secondary access for the homes on Site A. He said Alternative 6 has the least grading impact of all the alternatives. It is also the only alternative that provides secondary access to Site A, and it is the only one that is funded and does not require the sale of homesteaded property. Dietz said Staff is recommending a culvert be put in for the creek crossing rather than a bridge because a bridge would create a space where water or storm sewer pipes could not be run to the east side of the creek. A culvert would allow storm sewer to be run into the ponding areas that were created with Site A grading, thereby minimizing the amount of disruption for ponding on the west side of the creek. He said staff has quite a bit of experience with creek crossings since there are a total of 38 creek crossings for the three creeks in the community. Fire Chief George Esbensen said public safety access is his primary issue. When the original project came about, the Fire Department was very insistent on having two ways in and out of Site A as well as the other side of Riley Creek. He said it is bad public policy for 200 homes on a cul-de-sac to have only one access route. The buildings on Site A are very close to each other, and most of them do not have fire sprinklers in the units. He said they will also need two-way access for the other development on Eden Prairie Road, and they do not allow their equipment to use the southern part of Eden Prairie Road during the winter months. He said it is very important from the standpoint of public safety to have Prospect Road built to provide access through to Eden Prairie Road. Dietz said they did additional traffic volume analysis and determined Prospect Road will not be a high volume street. Most traffic will flow north from this area rather than east on Prospect Road. He said the intersection design at Prospect Road and Spring Road was prepared by the developer's consultant, reviewed by City staff and by Hennepin County, and the sight distances were determined to be okay. He said there may be a traffic enforcement issue and that can be addressed with the Police Department. He said Prospect Road was designed as a local connector road with no driveways entering onto it. He reviewed traffic volumes on similar local connector traffic roads in the City. Aho asked if, along with Alternatives 1-5 that addressed two-way access for CITY COUNCIL MINUTES May 1,2007 Page 8 Site B, we did anything to address alternative access to Site A. Dietz said they did look at one, but there were steep grades, it was close to the existing access point, and it didn't resolve the issue of secondary access for the Eden Prairie Road area. He said there was some discussion of using a gravel road on the Metropolitan Airports Commission (MAC)property, but late this afternoon MAC rejected that alternative. The grades in the area south of Prospect Road are all too steep to accommodate a connector road in that area. Butcher asked why we do not have an overall comprehensive transportation plan for the southwest section of the City. Dietz replied we do and this is it. He said the bluff is a significant impediment for roadways. We talked about keeping this area as five and ten acre lots until the decision was made to bring it into the MUSA line in 1990. Prospect Road was a compromise,but it was a solution that provided some kind of an urban roadway system in this area. Butcher asked if Eden Prairie Road were a cul-de-sac and it didn't have a connector would there be the same safety issues that we discussed about Prospect Road. Dietz said that was true. He said there is very light density at the southern end of Eden Prairie Road, and most of the density will be in the Site B area and in the Wuttke property. They will try to make a loop system through Site B and the adjacent properties,but that area will also depend on Prospect Road for secondary access. Duckstad asked if it was correct that Alternative 6 is the least costly. Dietz said it is the least costly and it is the only one that is funded because the developer is obligated to pay for it. Duckstad asked about the cost estimate. Dietz said the last estimate he heard was $600,000. Aho asked if there was anything else we could do in terms of design and construction of the road to mitigate the safety issues rather than just relying on police enforcement. Dietz said he thought enforcement is the most important piece. Prospect Road will have neighborhood traffic primarily and can be self-enforcing with some help from the Police Department. He said we can look at the issues at Prospect Road and Spring Road,but he thought the design of Prospect Road was good in terms of horizontal curves and sight distances. Mayor Young opened the meeting to public comment. Jack Rhode, 15859 Porchlight Lane, said Alternative 6 will result in significantly increased traffic through Summit Oaks. There are 450 new homes planned for the area, there are usually two cars at each home, so 900 cars will be traveling to and from work and, unless Eden Prairie Road is improved significantly, they will use Prospect Road. In addition there are 144 units in Summit Oaks that are generating traffic. He said Summit Oaks is a family neighborhood, and Prospect Road would jeopardize the safety of CITY COUNCIL MINUTES May 1,2007 Page 9 children who live in the area. He thought the real problem is Eden Prairie Road where the new development will occur. He was also concerned about having another creek crossing,particularly in the pristine parkland area where the crossing is planned. He was very concerned about diminished property values in Summit Oaks if Prospect Road is completed. Dean Edstrom, 10133 Eden Prairie Road, thanked staff for a wonderful job in this difficult process. He believed the EAW was adequate for the decision on Prospect Road but was not adequate for the other alternatives. He thought the issues regarding Prospect Road are minimal or solvable; however, he thought an EIS should be done if any of the other alternatives are selected. Jerry Pitrick, 9322 Overlook Trail, said he serves on the Planning Commission. He said the Planning Commission did not pass a specific motion regarding approving Prospect Road. There was an informal polling with four commissioners in favor and three opposed. He was concerned about the process used to evaluate options to the extension of Prospect Road. He thought Alternatives 1-5 were not real options because they do not address the fundamental issue of fire safety for Summit Oaks. He thought an appropriate course of action would be to direct staff to re-engage in discussions with the developer to identify real options to Prospect Road. He said since 2001 the developer has made many changes to the actual development as conditions have evolved, therefore the developer should be open to developing one or two real options to Prospect Road. Norma Wuttke, 16860 Flying Cloud Drive, said the whole development at Hennepin Village is being developed as a family in different phases. She said she did not know why people from the 400 units in site B would even use Prospect Road to get to Spring Road when they could use Eden Prairie Road to go north. In addition she thought the residents of Site A would find it useful to have another entrance for their homes from Eden Prairie Road. Brad Pester, 15889 Porchlight Lane, thought this is a scheme that is beneficial to a few but detrimental to many. He thought there are a few homes on Eden Prairie Road that will benefit from the closing of the road at Hwy 212,but the many people living in homes in Site A will suffer from the greatly increased traffic volume on Prospect Road. He thought the issue isn't about the six alternatives,rather the issue is how to get people north out of the southwest section of the City. He was also concerned about the safety of children going to the pool. Jan Rod, 17170 Beverly Drive, said Prospect Road is not the last road that will be built in the southwest quadrant. The road was planned for when the Hennepin Village project was approved and it is needed now. She did not like the other five alternatives. She would like to have Eden Prairie Road kept open rather than dead-ended in order to keep the traffic flow. CITY COUNCIL MINUTES May 1,2007 Page 10 David Carroll, 9776 Cupola Drive, said the only true alternative to Prospect Road was suggested by citizens rather than City staff He showed a slide displaying two alternatives to the extension of Prospect Road. He was concerned about the possibility of an accident shutting down the intersection of the new Prospect Road extension and Eden Prairie Road that would close emergency access to over 400 homes. He said one of the two alternatives displayed would be an improved road for emergency vehicles from Spring Road on MAC land that would connect Spring Road to the existing Prospect Road. He thought the developer would be willing to fund this. Dennis Doyle, 9924 Dell Road, said he thought the process has gotten out of hand. He said the rules from the City staff were clear when they built their home and he thought the rules need to be applied to everyone when we look at the five alternatives to Prospect Road. He said a lot of time has been spent looking at the issues. The original issue for the EAW was about Miller Spring, and the EAW determined it will not be affected by a culvert at Prospect Road. He said none of the other alternatives address the issue of secondary access for Hennepin Village, and he thought staff has made a compelling case for Prospect Road. Young said we have received a lot of good input,but additional public comment will be limited to a total of five minutes. Jack Lankus, Cupola Lane, asked if the Planning Commission and the City Council knew Prospect Road would have a 10% grade when they voted in 2002 and if they knew Eden Prairie Road would be closed at Hwy 212. He thought proper barriers should have been put up on Charlson Road to separate it from Prospect Road. Robert Smith, 9765 Sky Lane, said he was concerned this process has devolved into mudslinging. He said there was a series of events that took a developer's problem and transferred it to other people who did not intend to develop their properties. He thought we have exhausted the discussion on this, and Prospect Road is the only viable alternative. He thought it was important to remember there will be a park built at the intersection of Riley Creek and Eden Prairie Road, and the primary beneficiaries of that park will be the residents of Hennepin Village. Prospect Road will be essential to provide access to the park. Young concluded the public comment period. Nelson said she will abstain from the discussion of this item. Butcher said she helped to shape the goals and guidelines for the development of the southwestern part of Eden Prairie several years ago before Hennepin Village or anything was put in place and before the MUSA line was put in place. The Council spent a lot of time discussing what that CITY COUNCIL MINUTES May 1,2007 Page 11 portion of the City should look like and what our priorities for development were. One of the things decided was we would try to preserve as many of the natural resources in this area as possible, including the Riley Creek valley. Another priority was to have higher density in that area so there could be a density transfer in order to swap for some of the natural resources. She said they were able to do that in 2001 with the plan for Hennepin Village that was approved with the stipulation there be a road to connect the two areas. Today we are talking about completing the last portion of the road, a subject that always causes people who live in the vicinity to get upset. Butcher said because we had the agreement with the developer, he agreed to give the City 28% of the land he purchased, which is almost all of the Riley Creek Valley. We would not have had that land if we had not made the agreement with the developer. Through the years the City has spent time looking at alternatives. She agreed with the neighbor who said this won't be the last road built in this area. She thought it was essential to hear from the Fire Chief and hear his perspective about the impact on public safety. She thought his views are pivotal. She said, based on where we come from and where we will be in the future, she supports staff in their recommendation to build Prospect Road to connect Site A and Site B in Hennepin Village. Aho said this is a tough issue because not everyone will be happy with the decision made tonight. The Council has to look at what is best for the community,both for those in Hennepin Village and for those in the community at large. He said the safety of residents has to be our utmost concern. He agreed the other five alternatives do not provide another egress or entrance to the Hennepin Village area, so he does not view them as viable alternatives. We have learned that MAC will not support the alternative through their property as proposed by one of the residents. We have asked staff to look at other possible options to provide the secondary access, and they have not been able to find one. He thought the access of Eden Prairie Road to Hwy 212 is a separate issue and we don't have to make that decision tonight. The main consideration tonight is how to get in and out of Hennepin Village, and he thought the best alternative is the extension of Prospect Road. Duckstad said it is apparent from all of the information we have received there is no perfect alternative that exists in this area. He thought Mr. Dietz and Ms Stovring did an excellent job of presenting in a clear manner what their recommendation is and why the recommendation was made. Based on that presentation, he plans to support their recommendation for Alternative 6, the extension of Prospect Road. Young said he was grateful for Council Member Butcher's comments because she served on the City Council at the time the original decision was made on the project. He said we need to remember an alternative was chosen at that time and the issue before the Council is whether there is CITY COUNCIL MINUTES May 1,2007 Page 12 anything that exists now that would warrant reopening the Developers Agreement and changing the previous decision. He thought that should be a very rare occurrence, and what we have done over the past few months is unprecedented in terms of time spent by staff and commission and time spent listening to input on the issue. He thought the issue has been fully vetted, however he felt nothing has come up that would warrant changing what was agreed upon. He thought the practical lesson is the road should have been built five to six years ago,but it wasn't because the Council and staff were trying to be accommodating at the time. He believed Alternative 6 is the best alternative under the circumstances, and he would support the extension of Prospect Road. MOTION: Duckstad moved, seconded by Aho, to approve construction of Prospect Road utilizing a culvert crossing as the selected alternative from the Hennepin Village Roadway Alternatives EAW analysis. Motion carried 4-0-1,with Nelson abstaining. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Butcher, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 9:30 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 27, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Lechelt, Lee and Schultz were absent. II. APPROVAL OF AGENDA MOTION by Wuttke, seconded by Fyten, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 13, 2012 MOTION by Kirk, seconded by Pitzrick, to approve the minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. HENNEPIN VILLAGE SITE-B by Toll Brothers Location: 10127 & 9735 Eden Prairie Road Request for: • Planned Unit Development Concept Review on 71.5 acres • Planned Unit Development District Review on 71.5 acres EDEN PRAIRIE PLANNING COMMISSION MINUTES February 27, 2012 Page 2 • Zoning District Change from Rural to R1-13.5 on 24.37 areas • Preliminary Plat of 71.5 acres into 52 lots and 3 outlots Alex Martin, of Eagan, Minnesota,presented the proposal on behalf of Toll Brothers. He stated the proposed subdivision would be split into 52 lots and 43 acres of land would be dedicated to the City. The homes would be approximately 3 to 4,000 sq. ft. and around $600,000. He stated they would like to break ground in June. Toll Brothers is a national builder and this plan preserves the natural topography of the site. Chair Stoltz asked Franzen to review the staff report. Franzen stated there are some developer obligations that are conditions for approval. They are as follows: • This development will need to participate in improvements to Eden Prairie Road and will require a Special Assessment Agreement. • Toll Brothers is obligated to build Prospect Road and finish construction by September 1, 2013. • Toll Brothers is also obligated to make site line improvements to existing Prospect Road based on the recommendations of a memo from Westwood Professional Services dated August 15, 2008. • All construction access must travel north on Eden Prairie Road. Toll Brothers is obligated to maintain the road, and make any required site line improvements, or other minor improvements, as required by the City Engineer. • Provide additional right of way along Eden Prairie Road from approximately Prospect Road northerly to Riley Creek in order to flatten the curve alignments in future Eden Prairie Road improvements. • Dedicate Outlots A and B to the City. Chair Stoltz asked if Franzen has reached an agreement with the project proponent in regards to these obligations. Franzen stated he did reach an agreement with the developer. Chair Stoltz opened the meeting up for public input. Jack Rhode, of 15859 Porchlight Lane stated he is a homeowner and president of the Masters Association of Hennepin Village Board. He said the homeowners of the association are happy that Ryland will not be the developer. Their concern, as it has been from day one, is putting a road over the creek, to extend Prospect Road. Previously, all the dirt from Site B was asked to be removed by the past project proponent to get more development in the area. Mr. Rhode stated that they still do not want to see a road over the creek. The big issue is destroying the valley. Last year it cost the homeowners $33,000 to take snow somewhere else because the City did not want the creek contaminated, the extension of the road will damage the creek more. We only have one entry and exit now and it is fine; we think it is wrong to destroy the valley. EDEN PRAIRIE PLANNING COMMISSION MINUTES February 27, 2012 Page 3 Debra Ho-Beckstrom is a management agent here on behalf of the homeowners for Hennepin Village. She stated they have existed in the community for over a decade without the extension of the road on Prospect and they would like the extension to be reconsidered. Secondly, Hennepin Village Master Community was promised two pools. She stated they have one pool now and would like a plan for an additional pool followed up on. Ms. Ho-Beckstrom pointed out with this new construction; they would lose out on the second pool. Dean Edstrom, of 10133 Eden Prairie Road, stated he has lived here for 38 years and not all the homeowners are opposed to Prospect Road. If it is not built, it would put more pressure on Eden Prairie Road. Eden Prairie Road needs to be rebuilt to allow for additional traffic but the amount of money to rebuild this and to connect it to 169 is extensive, so the best solution is to build Prospect Road. Nancy Kosteliz, residing in Summit Oaks at 9756 Gable Drive, said in response to the gentleman that just spoke, Eden Prairie Road goes to Flying Cloud Drive not to 169. Chris Kline, of 9700 Eden Prairie Road, lives across from the development. He stated if Site B goes in, expansion of Eden Prairie Road should be finalized. His concern is if they will be taking his property to widen the road. Chair Stoltz asked City Staff to talk about Mr. Kline's property and the expansion of Eden Prairie Road. Rue said the additional right of way the City asked for would push the road further east away from Mr. Kline's property line and there would be very little impact to his land. Pitzrick asked the developer about the retaining wall on the back side of the lots and how he plans to protect the homeowners. Mr. Martin said a safety fence would be put up. Wuttke asked about the pool being put up and who would be able to use it. Mr. Martin stated because of the time lapse, for them to enter into the HOA and because of the lack of funding they will be offering season passes to homeowners in Site A. Chair Stoltz asked if people moving into Site B would have free access. Mr. Martin said no, they would have a subsidized cost. Site A could have the options to purchase the season passes, but they are still looking into the logistics. Chair Stoltz asked Franzen to address the pool in Site A which was not built. Franzen stated he recalls just one pool clubhouse with the original plan and agreement. The City would expect the pool to be built according to the approved plan but the association sets the rules for clubhouse and pool use. Ms. Ho-Beckstrom stated she has been in the industry for 30 some years. She said it is a burden to have one pool for 630 homes. It is not meeting a commitment. She stated she understands the time has past, but the developer can still do something to have two pools. Having one pool for 52 homes versus one EDEN PRAIRIE PLANNING COMMISSION MINUTES February 27, 2012 Page 4 for 630 homes, does not seem to be fair. Ms. Ho-Beckstrom stated Ryland said if the second pool was not built,they would enhance the first pool, which has not been done. Mr. Rhode pointed out Ryland should not be let off the hook on this. They owe the homeowners a second pool. He also stated if the City puts in a road with a walking sidewalk, they are going to have really big problems with kids on bikes and skateboards. Pitzrick said he is not sure what the legal responsibilities are for Toll Brothers taking over this development. Chair Stoltz asked Franzen to address Ryland Homes and the two pools and stated the City Council has already voted on Prospect Road going in, which is not the issue for tonight,but asked what can be done about the pools. Franzen stated how the pool is used is a private agreement left up to the association. They govern their property. The City makes sure obligations in the development agreement have been complied with. Kirk commented it seems like the letter of agreement has been met, but not the spirit of the agreement. If the 2001 master plan had two pools in it with both pools being assessable by both sites, and if the project goes through with Toll Brothers, there will be two pools,but there is the issue of accessibility. Jon Juffer, of 10028 Gentian Drive, said when he moved into his home, the sales person mentioned there would be a second pool; that was in 2009. They have been selling people two pools and clubhouses for years. He also agrees, the spirit was not there. Chair Stoltz stated he believes nothing has been unmet in regards to the developer's agreement. Pitzrick said he is uncomfortable with this and would like a legal prospective. Mr. Martin said they want to do right by all. They will live up to obligations of the agreement. Pitzrick said the residents have the right to understand what is going to happen. Wuttke asked if the City Attorney could address this issue prior to council. Kirk concurred he would like to see this happen. Chair Stoltz stated people deserve an answer. Wuttke asked if the City Attorney could do this before the March 20th City Council meeting. Duncan Thomas, of 10065 Eden Prairie Road, asked if Ryland has an obligation to build two pools. Franzen stated it goes back to the 2001 developer agreement. Mr. Thomas said he would like an answer to this question. Chair Stoltz asked if the City Attorney could review this and come back to the March 12th Planning Commission meeting. Mr. Martin said as long as they can EDEN PRAIRIE PLANNING COMMISSION MINUTES February 27, 2012 Page 5 still be at the March 20th City Council meeting he is alright with the continuance. Franzen stated that would have to be put in the motion. Mr. Martin asked what the scope of this is. Did Pempton meet their obligations? He stated he is just concerned their project will be postponed. Wuttke asked to what end we see this new information change the approval or denial of the project. Pitzrick stated Pempton is passing on some of the same agreements as they did to Ryland and we have an obligation to make sure what they are. Wuttke asked if there would be any other issues that need to be resolved. Franzen stated the plans are going to be very generic and not specific because there was not an association established at the time. Kirk stated whatever was found out would not impact his decision and said he did not want to see this continuance to effect the project from going to the City Council meeting on March 20th Mr. Martin said he does prefers not to continue the project because if other things come up it could lean towards another continuance and could cost them money in the long run. Fyten said his primary concern is a continuance going to change our vote? He said he would be okay with pushing it to the City Council for their decision. Wuttke asked Staff about items 6 and 11 in the staff report and under the developer's agreement what are the financial responsibilities for stubs in Eden Prairie Road. Rue said the alignment shift would be dealt with through the process and as far as sewer and water; the project proponent would bring this in, providing stubs to the west. The City will be reviewing the area to make sure everything is okay. Eden Prairie Road is a separate project and the City will work with Toll Brothers to find out who is responsible for what. We will do a study this spring and summer and will start this project in late 2013. Pitzrick asked about Eden Prairie Road being blocked north of Flying Cloud Drive and if Prospect Road is built,would there be another road connecting Dell Road. Rue said there may be interconnections; Prospect Road would accommodate in and out access as long as there are some interconnections. Brad Pester, resident of Site A, stated the southeast portion is the last to be developed and Prospect Road is extremely important to him because if you close off Eden Prairie Road, Prospect Road is the only road to get out on the south. He is here tonight asking that Eden Prairie Road would not be closed off and to put Flying Cloud Drive back where it belongs. EDEN PRAIRIE PLANNING COMMISSION MINUTES February 27, 2012 Page 6 Pitzrick stated he is questioning the City Council's decision five years ago, May 1st, 2007, when Brad Aho wanted the closing off of Eden Prairie Road. Kirk stated the point of discussion is not closing off Eden Prairie Road. In regards to Prospect Road, he agrees with the decision that was made. That is independent of the closure of Eden Prairie Road and is not going to change his decision on that. Pitzrick stated he felt the City Council may not have clearly understood the scope of this back in 2007. He does not see any homeowners saying we have to build Prospect Road, it is the City saying that. Wuttke stated he believes Staff and everyone else put a lot of time into the plans to build Prospect Road and his decision would not be swayed by a continuance. He stated this is only to appease the development process and we do not need to debate Prospect Road tonight. Mr. Kosteliz, Eden Prairie resident, stated Prospect Road and Spring Road is the worst intersection for kids. The cars do not stop there. This area is very hilly. The swimming pool was promised to us. On a hot day there can be 90 kids in there. He said he would like to see a pool built and the road not be built. Stoltz asked the Commission what they want to do tonight. Fyten said he sees no issues with the project itself, given that he would entertain a continuance if they can meet the deadline to go to the City Council on March 20th. Wuttke stated the problem tonight is a private matter and he would be for approval of the project going forward. Kirk stated he would be in favor of a slight preference to move forward but could also go for a continuance. Pitzrick and Chair Stoltz were also in favor of a continuance. MOTION by Pitzrick, seconded by Fyten, to recommend a continuance to the March 12, 2012 meeting and direct Staff to publish for the March 20th City Council meeting. Motion carried 5-0. VII. PLANNERS' REPORT A. COMMUNITY ADVISORY COMMITTEE-SOUTHWEST LRT PROJECT Franzen stated the City Council is looking for a representative and an alternate for the Community Advisory Committee-Southwest LRT Project. Pitzrick, Wuttke and Fyten expressed interest in being on the committee. EDEN PRAIRIE PLANNING COMMISSION MINUTES February 27, 2012 Page 7 Franzen stated there will be two items on the agenda for the March 12th meeting; the Flying Cloud Landfill Subdivision and the continuance of the project tonight. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Wuttke, seconded by Kirk, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 9:10 p.m. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MARCH 12, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Wuttke, to approve the agenda. Motion carried 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 27, 2012 Pitzrick had a change to the third paragraph on page 6. He would like it to read; "Pitzrick stated he is questioning the City Council's decision five years ago, May 1st, 2007, when Brad Aho stated closing Eden Prairie Road was a separate decision from Prospect Road". Wuttke had a correction on page 7, first paragraph. The motion carried should be 4-1. MOTION by Wuttke, seconded by Pitzrick, to approve the minutes as amended. Motion carried 5-0. Lechelt, Lee and Schultz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS EDEN PRAIRIE PLANNING COMMISSION MINUTES March 12, 2012 Page 2 VI. PUBLIC HEARINGS A. HENNEPIN VILLAGE SITE-B by Toll Brothers Continued from February 27, 2012) Location: 10127 & 9735 Eden Prairie Road Request for: • Planned Unit Development Concept Review on 71.5 acres • Planned Unit Development District Review on 71.5 acres • Zoning District Change from Rural to R1-13.5 on 24.37 areas • Preliminary Plat of 71.5 acres into 52 lots and 3 outlots Alex Martin, Division Vice President of Toll Brothers, presented the proposal. He stated the proposal is for 52 lots and a pool and club house. The homes would be approximately 3,000 to 4,400 sq. ft. and between $600,000 to the 750,000. They would like to break ground in June. Chair Stoltz stated at the last meeting there were questions regarding a pool site and club house and who would have access to this. Chair Stoltz asked Franzen to address these questions. Franzen stated the 2001 developer agreement plans shows two pools and two clubhouses. One has been built and Toll would fulfill the obligation for the 2nd pool and clubhouse with this development. The memo from the City attorney indicates in order for the proposed pool and clubhouse to be available to all homeowners, the Master Declarant and the owner of Site B would have to consent to Site B being added to the master association. Toll has indicated that they will not become part of the master association. Based on information provided to Mr. Rosow, the proposed pool and clubhouse on Site B will not become common area available for use by all the residents in Hennepin Village. Also, the City cannot require that the proposed pool and clubhouse be made available to residents outside of Site B. They can only obligate Toll Brothers to build the pool and club house to code. Chair Stoltz asked Franzen if the agreements have been met so far. Franzen stated they have been met so far. Pitzrick thanked the City for all of their work and said the project should move forward. Kirk concurred with Pitzrick. Schultz said he previously had questions regarding the legal issues of the City in regards to this project but they have been answered by City Attorney Rosow. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Kirk, seconded by Schultz, to close the public hearing. Motion carried 8-0. MOTION by Kirk, seconded by Fyten, to recommend approval of the Planned Unit Development Concept Review on 71.5 acres, Planned Unit Development District Review on 71.5 acres, Zoning District Change from Rural to R1-13.5 on EDEN PRAIRIE PLANNING COMMISSION MINUTES March 12, 2012 Page 3 24.37 acres, and Preliminary Plat of 71.5 acres into 52 lots and 3 outlots based on plans stamped dated February 21, 2012 and the staff report dated February 24, 2012. Motion carried 8-0. VII. PLANNERS' REPORT A. ULI Workshop Franzen stated there is a flyer in the packet for Commission Members interested in attending the ULI workshop on"What's Next? Real Estate in the New Economy" If you are interested in attending contact Katie Anderson before noon on April 6tn VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Wuttke, seconded by Kirk, to adjourn the meeting. Motion carried 8-0. There being no further business, the meeting was adjourned at 8:30 p.m. METROPOLITAN AIRPORTS COMMISSION *.is�,„ Minneapolis-Saint Paul International Airport t 6040- 28th Avenue South• Minneipolis. MN 55450-2799 Phone (612) 726-8100 rt ° MAC 4 � ��4ehvoyi❑ Scott A. Kipp Feb 24, 2012 Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Hennepin Village Site B Toll 2012 Proposal for 51 New Single Family Homes Dear Mr. Kipp: Thank you for the chance to review the plans for the Hennepin Village Site B development. The Metropolitan Airports Commission (MAC) has the following comments and concerns. The Hennepin Village— Site B development is located in an area that receives regular overflights from the Flying Cloud Airport (FCM). The flight tracks in the vicinity of the proposed development have been previously reviewed by the City and evaluated as part of an Environmental Assessment process. Although this development site is beyond the federally defined noise area, the proposed development will receive overflights from FCM and residents should expect to see and hear aircraft. Since this is a potential new development, there should be no expectations now, or in the future, that the MAC will provide noise mitigation for this new . residential development area. Given the proximity of this development to the airport and the regular overflights that occur in the area, MAC has concerns with development on the site. However, if it is determined that development will move forward, it is important that residents are aware of their new home's proximity to the airport and the existence of regular aircraft overflights prior to purchase. Additionally, adherence to the Metropolitan Council's Building Performance Standards for Aircraft Noise should be a requirement in the building construction. The Hennepin Village plans also show improvements to a storm water pond in the north east • corner of the development area. Ponds attract birds and wildlife that can present a hazard to aircraft. MAC would prefer that these ponds be fast-draining or infiltrating (48 hours or less) and dry under normal conditions. If this cannot be achieved then the pond should have rip-rap side slopes and tall grass to deter waterfowl from using the pond_ Please include this letter in the Planning Commission packets for the public hearing scheduled on Feb 27, 2012. Thank you. Sincerely, Allen E. Dye, P.E Airside Development Project Manager cc: Bridget Rief, MAC Chad Leqve, MAC Jennifer Lewis, wits,;:}� Metropolitan Airports Commission is an affirmative action employer. www.ittspajrpoft-Com Reliever Airports: AIRLAKE•ANOKA COUNTY/BLATNE.CRYSTAL.FLYING CLOUD.LAKE ELMO.SAINT PAUL DOWNTOWN Feb. 24, 2012 9: 40AM No, 3389 P. 1/6 A MEMORANDUM TO: Eden Prairie City Council Eden Prairie Planning Commission FROM: Hennepin Village Master Association RE: Hennepin Village Site B Development Proposal DATE: February 22, 2012 The Board of Directors of the Hennepin Village Master Association, which is the master _ association representing thehomeowners in all of the existing neighborhoods of the_Hennepin Village development, asks the City of Eden Prairie to require Ryland Homes to pay for construction of the community center/pool that was promised to existing Hennepin Village owners and was shown on Site B in the original development agreement for the property. The Board also requests that the Site B development proposal be revised to eliminate the proposed extension of Prospect Road because that extension would permanently and irreparably damage the scenic natural area surrounding Riley Creek, including the historic Miller Spring. FACTUAL BACKGROUND Ryland Homes,the develap_er ofthe existing_HennepinV_illage_neighborhnocls,_has-cnnsistently promised homeowners in the Hennepin Village neighborhoods that it will provide a community center/pool for the use of all Hennepin Village residents. Subsection 7.n, of the existing Developer's Agreement for Hennepin Village dated February 19th, 2002 specifically mentions the community center, which is shown on Exhibit F to that Developer's Agreement. The Developer's Agreement requires that the community center be built in a location other than the one on the Site B property originally proposed. Ryland Homes has periodically reaffirmed its obligation to deliver the promised community center/pool (see attached e-mail correspondence), but has not provided funding to build the center or given a timeline for construction of that facility. The new/current Site B development proposal includes an extension of Prospect Road over Riley Creek and through the Site B property. Riley Creek, as it runs through the property is a pristine stream that has, in the past, supported a trout population. The valley containing the stream is a natural area of great scenic beauty. The area surrounding Riley Creek includes several springs including the historic, artesian Miller Spring, which has been used for hundreds of years and is well known throughout the area. The extension of Prospect Road over the creek will require the use of heavy machinery in the area adjacent to the creek and springs that would disrupt ground water flows and would permanently change or even destroy the historic spring. THE CITY SHOULD REQUIRE RYLAND HOMES TO DELIVER FUNDING FOR AN ACCEPTABLE COMMUNITY CENTER SINCE THE SITE B DEVELOPMENT WILL NOT INCLUDE THE COMMUNITY CENTER THAT WAS ORIGINALLY PLANNED 8626472v I Feb. 24. 2012 9:41AM No. 3389 P. 2/6 As noted above, the original, recorded Developer's Agreement requires the construction of a community center in connection with the development, and Ryland Homes has consistently promised that the community center/pool will be built. Existing Hennepin Village homeowners have relied on that requirement and on Ryland's assurances. The existing residents have been patient, but their patience is wearing thin. The new Site B development does not include the rec center/pool promised by Ryland. The Planning Commission and City Council should enforce the original Developer's Agreement and Ryland Homes' promises to its buyers. THE EXTENSION OF PROSPECT ROAD IN CONNECTION WITH THE DEVELOPMENT OF SITE B IS ABSOLUTELY UNNECESSARY AND A WASTE OF TAXPAYER MONEY AND WOULD IRREPARABLY HARM IMPORTANT NATURAL AND HISTORIC RESOURCES - - - -As-noted- above,-the extension-of-Prospect-Road over Riley Creek-and through-Site B-would -- - - - -- destroy the natural beauty of the area, increase runoff into the Creek and jeopardize the viability of the existing springs that feed the.Creek, including the historic Miller Spring. The damage to those natural and historic resources would be certain and irreparable. Those resources are currently enjoyed by people throughout the area. While the adverse impacts of construction of a Prospect Road extension are certain, the need for such a road is nonexistent. The existing users of Eden Prairie Road and of Spring Road do not need a connection between the two roads. A driver using either road is going to remain on that road and is not going to turn off onto the other road to get to where the driver wants to go. A better approach would be to improve access from Flying Cloud Drive onto Eden Prairie Road, an improvement project that has a proven need and a clear benefit. CONCLUSION The Master Association represents 633 households that would be adversely impacted by the proposed extension of Prospect Road and who have waited too long for Ryland Homes to make good on its promise to deliver a new community center/pool for their use. In order to protect those homeowners and to preserve their investments in their homes, we encourage the City and Planning Commission to require Ryland Homes to provide funding and a location for the promised community center/pool on a schedule acceptable to the existing residents and to modify the current development proposal to eliminate the proposed extension of Prospect Road. 8626472v1 2 Feb. 24. 2012 9:41AM No. 3389 P. 3/6. Pa�� 1 u1 , From: Gilbrech, Kris [kgilbrec@ryland.com] Sent: Friday, April 21, 2006 11:06 AM To: Jenny Madsen Subject: RE:Hennepin Village Pool Same answer_..hard to say...it won't be done this year. :( -Kris. Original Message From: Jenny Madsen [mailto:Jenny@cagmn.com] Sent: Friday, April 21, 2006 10:06 AM To: Gilbrech, Kris Subject: RE: Hennepin Village Pool And the trail system? - - - Jenny Madsen -- - - - - - - - - - - - - — - - -- - - - -- - -Property Manager Community Association Group,LLC 4672 Slater Road Eagan,1M N 55122 651.882.0400 cxt.5 651.882,0405 fax email:jenny@caginn.com NOTICE-CONFIDENTIAL INFORMATION The information in this communication is privileged and strictly confidential.It is intended solely for the use of the individual or entity named above.If the reader of this message is not the intended recipient,I or the employee or agent responsible to deliver it to the intended recipient,and dissemination,distribution,copying or other use of the information contained in this communication is strictly prohibited.If you have received this communication in error,please first notify the sender immediately and then delete this communication from all data storage devices and destroy all hard copies. From: Gilbrech, Kris [mailto:kgilbrec©ryland.com] Sent: Friday, April 21, 2006 8:36 AM To: Jenny Madsen Subject: FW: Hennepin Village Pool Below is what Matt said about the pool... Original Message From: DuCette, Matt Sent: Friday, April 21, 2006 8:21 AM To: Gilbrech, Kris Subject: RE: Hennepin Village Pool There is no definitive date. It probably won't be open until Spring/Summer 2008. Matt DuCette Ryland Homes {3la•///P•/-14annanin0/7(lv;ii er,oz,?ro/Tactas•/C nrnnrontaa/)n!` ')/17/`)f1`) Feb. 24. 2012 9:41AM No. 3389 P. 4/6 Land Development Assistant 952.229.6059 952.229.6024 fax mducette@ryland.com Original Message From: Gilbrech, Kris Sent: Friday,April 21, 2006 8:18 AM To: DuCette, Matt Cc: Jenny Madsen (E-mail) • Subject: FW: Hennepin Village Pool Matt, I know you have told me before, but can you please enlighten me again with when Hennepin's 2nd pool will be finished, as well as the walking trails? Thanks. -Kris. Original Message From:Jenny Madsen [mailto:Jenny@cagmn.com] Sent:Thursday, April 20, 2006 2:20 PM To: Gilbrech, Kris _ Subject: Hennepin Village ? Kris- I've had a couple homeowners ask when the 2nd pool will open and when the walking trails will . be compete : Thanks! Jenny Madsen Property Manager Community Association Group;LLC 4672 Slater Road Eagan, MN 55122 651.882.0400 ext.5 651.882.0405 fax email:jenny@cagtnn.com NOTICE-CONFIDENTIAL INFORMATION The information in this communication is privileged and strictly confidential.It is intended solely for the use of the individual or entity named above.If the reader of this message is not the intended recipient,1 or the employee or agent responsible to deliver it to the intended recipient,and dissemination,distribution,copying or other use of the information contained in this communication is strictly prohibited.If you have received this communication in error,please first notify the sender immediately and then delete this communication from all data storage devices and destroy all hard copies. file:///PIHennenin%2I)Villnare%2(Ma tter/Cnrnnrntn%90rummnnicatinnc/n1r1/7.nr1%711nn 7/17/71117 Feb. 24, 2012 9:41AM No. 3389 P. 5/6. Pages l vt 2 From: Deb Ho-Beckstrom Sent: Thursday, February 25, 2010 11:26 AM To: 'Sonstegard,Mark' Subject: RE: Pemtom agreement Mark, The Hennepin Village owners have been promised either an additional recreation center or a major expansion of the existing one. Many owners are now concerned over the lack of commitment or follow up on this promise. Is there a time line, agreement or escrow fund that could he established to solidify this promise? Deb From: Sonstegard, Mark [mailto:msonsteg@ryland.com] Sent:Thursday, February 18, 2010 5:33 PM — — To:-Deb-Ho-Beckstrom;Vierling,—Dennis — — — — — — — -- — — — — — — — — —Cc: Steve Perillo Subject: RE: Pemtom agreement As we've stated in the past the funds for the site B pool are tied up with Site B. Either the Hennepin Village HOA will expand to Site B and the second pool will be built per the preliminary plat(City will require the pool based on the preliminary plat)or Site B will be developed with no involvement with the Hennepin Village HOA (where a new preliminary plat will need to be approved), in this case Pemtom plan to improve the existing amenities as we discussed two years ago. Unfortunately I have no documents I can share with the HOA at this time. Pemtom has been actively petitioning the City to make Site B more marketable to developer/builders by applying for permits to start removing the assess fill from the site. This a positive move towards bringing Site B on line. If approved, the opportunity to relieve the site of a large burden(over 300,000 extra yards of fill)will become available. This is the best information I can give you at this point. Mark Sonstegard Land Development Manager Ryland Homes, Twin Cities (952)229-6007 (952)229-6024 fax msonstegL7arylandcor' From: Deb Ho-Beckstrom [mailto:dhb@cagmn.com] Sent: Monday, February 15, 2010 4:36 PM To: Sonstegard, Mark; Vierling, Dennis Cc: Steve Perillo Subject: Pemtom agreement Mark &Denny, The owners at Hennepin Village are asking questions regarding the agreement with Pemtom and getting skeptical about the build out of the existing pool or additional pool. Do you have any sort of written agreement which can be shared or anything you can provide the association as proof that this filr>.///P p0/.` 1-1A/factar/Prnntnm/Pamtnm Pnn1°/`)(lanra,amant fi1Pc/Pr,r, ')/17/')(11') Feb. 24, 2012 9:42AM No, 3389 p,Pv 6/6:2 will be completed or funds provided for such? V k_Wwt. C ®, C7kCdl-® Cuss •atiast q'wiz . 657/882-0400 X 104 NOTICE-CONFIDENTIAL INFORMATION The information in this communication is privileged and strictly confidential.It is intended solely for the use of the individual or entity named above.If the reader of this message is not the intended recipient,or the employee or agent responsible to deliver it to the intended recipient, and dissemination,distribution,copying or other use of the information contained in this communication is strictly prohibited.If you have received this communication in error,please first notify the sender immediately and then delete this communication from all data storage devices and destroy all hard copies. • file:///P:/Hennepin%20Village%2OMaster/Perntom/Pemtom.Pool%20acrreement files/Pem___ 2/17/2012 Memorandum To: Mayor and City Council From: Robert Ellis, Public Works Director EDEN Rod Rue, City Engineer PRAI RI E Leslie A. Stovring, Environmental Coordinator LIVE•WDRK•DREAM Date: March 16, 2012 Re: Hennepin Village Site B —Response to Comments from the Public 1. Where is the additional analysis mentioned in the EQB Assessment Worksheet on the impacts to fish and water quality related to Riley Creek, other aquifers and Miller Spring? (Additional Analysis of Fish, Wildlife and Ecologically Sensitive Resources: • Conduct an evaluation for special concern, threatened or endangered species within the selected corridor and prepare plans to avoid or minimize impacts to the identified species in conjunction with the DNR. The Wetland Permit Application included review of recommendations made during preparation of the Discretionary EAW as well as comments received during the Wetland Permit Application review. As a result, the Wetland Permit Application was approved with conditions, including: • A Biological Survey in spring 2012 to determine the extent of kittentails and other potential threatened or endangered species which could not be identified in the fall. • Evaluation of the seeps and springs identified during the field visit to determine if they have fen characteristics that may require additional protection. A spring analysis was completed in July 2006 by the City. No fens were identified at that time. This survey will verify the work completed in 2006 and determine if conditions have changed. • Wetland delineation review to verify the wetland boundaries and wetland replacement requirements as the initial delineation was conducted outside of the growing season. However, with the warm weather we experienced so late in the year we are confident the wetland boundary is accurate. This review that will be conducted this spring does have the potential to require modifications to the Plans if new special concern, threatened or endangered species are identified, the wetland boundary is moved or if fens are found along the creek. • Evaluate use of a bridge crossing (Alternative 6) to determine if it would significantly reduce impacts to upstream migration of fish, if needed. City staff and representatives from Toll Brothers and MFRA met with the Dept. of Natural Resources (DNR) Regional Hydrologist and Area Supervisor for the West Metro Fisheries Office on February 10, 2012. It was determined that the fish barrier was what would restrict the creek flow, more so than the proposed culvert would. The fish barrier is required to prevent the passage of invasive fish species such as carp upstream to Lake Riley. The proposed culvert is 9 ft by 10 ft. The culvert under the former golf cart path, which adjoins the fish barrier, is approximately 48 inches in diameter. In addition, the culvert under Eden Prairie Road is 6 ft by 8 ft, which is also smaller than the proposed Prospect Road crossing. • Evaluate stormwater treatment alternatives and their potential impacts to resources (including fish, wildlife, ecologically sensitive, water and archeological resources) within the selected corridor Physical Impacts on Water Resources A meeting was held with the Technical Evaluation Panel on December 21, 2011. Representatives from the Dept. of Natural Resources (DNR), Board of Water & Soil Resources (BWSR) and Hennepin County were present at this meeting. The potential impacts of the proposed development on the water resources within the corridor were discussed at this meeting. It was determined that a DNR permit would be required for the crossing and that issues such as the floodplain analysis must be included. A statement that there would be no increase in the 100-year floodplain will be required. Mitigation would be required for any fill within the floodplain that would impact this. All of the agency staff agreed that an evaluation for fen characteristics and the current extent of any threatened or endangered species should be completed. Discussion did include the addition of infiltration into the development due to the potential of the springshed for the creek coming through this area. MFRA and Toll Brothers agreed to add in infiltration at the top of the bluff within the development, to help maintain the base flow through this area. • Evaluate construction of a bridge crossing (Alternative 6) to determine costs, construction limitations and whether it would significantly reduce impacts to the floodplain and/or wetlands within the crossing area The placement of the fish barrier within the creek corridor would be the restriction as the adjoining culvert is approximately 48 inches in diameter. In addition, it was determined that getting the storm sewer across the creek to the stormwater treatment area would be difficult. Addition of a new stormwater treatment basin on the west side of Riley Creek may be required with a bridge crossing, which could potentially increase the impacts to the creek corridor. The proposed culvert would have minimal impacts to the creek and the increased cost of the bridge did not warrant this choice. • Evaluate culvert sizing to minimize increases in creek surface elevations and velocity impacts to the creek(Alternative 6). The consultant for the developer (MFRA) completed an analysis of the culvert design and is proposing a 9 ft by 10 ft culvert. This is the same size as in the previous design. 2. Does option 6 to route traffic through Prospect Road include closing off Eden Prairie Rd at Flying Cloud Drive? Alternatives 1, 2 and 6 would likely result in Eden Prairie being a future cul-de sac. Alternatives 3 and 4 would likely result in Eden Prairie Road being rerouted to Spring Road. Alternative 5 would likely result in Eden Prairie Road intersection with Flying Cloud Drive farther to the west. 3. The point of concern that habitat will be impacted by the creation of an alternative roadway does not take into account that the future developments that necessitate these alternative roads will also negatively impact sensitive environs. Why is that? The area north of Flying Cloud Drive and near the top of the bluff was included within the Municipal Urban Service Area (MUSA) established by the Metropolitan Council. That action allows for development of this area to urban standards. Development projects that come forward in the future will need to take into account the environmental impacts that could occur as a result, and must demonstrate they can avoid, minimize or mitigate these impacts. Until a project plan is drafted and submitted for a review these impacts will not be known and it would be premature to speculate on their impacts. 4. Options 3, 4 and 5 would provide access without compromising Riley Creek, yet they are dismissed because of habitat/adjacent burial grounds, while there is no specificity on the impact to the aquifers. Why is that? Alternatives 3, 4 and 5 would each have some impact on Riley Creek as they drain in part to Riley Creek and then to the Minnesota River. The following table shows the approximate depth to the bedrock and water table for each alternative. The evaluation for Alternative 6 included the potential for a culvert crossing of Riley Creek, which would be at the water table associated with the creek. Alternative Depth to Bedrock Depth to Water Table 1 and 2 150-250 feet 10-20 feet 3 and 4 100-250 feet 10-20 feet 5 200-300 feet 10-20 feet 6 100-200 feet 0-20 feet These alternatives have similar depths to the water table and bedrock. The EAW recognizes this and points out that post construction and construction stormwater runoff would need to be treated prior to discharge and that any infiltration areas should be designed to maximize treatment prior to infiltration into the surficial groundwater aquifer. These recommendations have been incorporated into the construction plans for Alternative 6. 5. According to the EQB construction of option 1 and or 2 may increase the attractiveness of redevelopment west of Eden Prairie Road by improving access allowing redevelopment at a faster time frame. This option seems not to have been fully vetted by the city. Why? All alternatives were considered and reviewed through the Discretionary Environmental Assessment Worksheet. 6. The EQB states that "because a preliminary design has already been developed for Alternate 6, this EAW has been able to more completely identify the potential environmental impacts of that Alternate than of the other Alternates, for which only conceptual designs were available. Should the City elect to provide [us] with any of Alternates 1 to 5, then a more detailed environmental evaluation based on a more detailed preliminary design should be developed prior to more formal consideration of that Alternate. The following sections summarize mitigative measures and additional analysis that should be completed should the City decide to proceed with any of the Alternates." The question is it seems the city only provided conceptual designs for option 6, the Prospect Road extension. RED FLAG. The city failed to present all options for appraisal which one can only conclude that the city was not interested in pursuing the viability of all options. Where can we find the process that led up to the decision to not properly vet all options? Alternative 6 was prepared by the developer of the site prior to the City initiating the Discretionary EAW. Because of this, the City was able to more completely review Alternative 6 impacts based on the amount of information available. In addition to the information provided by the developer for Alternative 6, the City had previously had our Eden Prairie Road engineering consultant do various conceptual designs (alignment, profiles and cross-sections) beyond Alternatives 3, 4 and S. Alternatives 3, 4, and 5 were the alternatives selected for analysis in the Discretionary EAW. The use of these alternatives for the Discretionary EAW was not prejudiced but was able to be more thoroughly vetted due to the amount of information readily available. Developing detailed design plans for all alternatives was not feasible due to the significant cost and effort required and in addition, EAW's do not require detailed design plans for evaluation purposes. 7. Option 6 is closer to the water table (p11) than all the other options which implicates a real risk to water quality impacting the creek, spring, & the MN River Valley. Yet none of the other options were fully presented. Why is that? Alternatives 3, 4 and 5 would have some impact on Riley Creek as they drain in part to Riley Creek and then to the Minnesota River. The following table shows the approximate depth to the bedrock and water table for each alternative. The evaluation for Alternative 6 included the potential for a culvert crossing of Riley Creek, which would be at the water table associated with the creek. Alternative Depth to Water Table 1 and 2 10-20 feet 3 and 4 10-20 feet 5 10-20 feet 6 0-20 feet These alternatives have similar depths to the water table and bedrock. The EAW recognizes this and points out that post construction and construction stormwater runoff would need to be treated prior to discharge and that any infiltration areas should be designed to maximize treatment prior to infiltration into the surficial groundwater aquifer. These recommendations have been incorporated into the construction plans for Alternative 6. 8. Water Quality Impact (p7-9). There is nothing addressing potential impacts to Miller Spring with Option 6? Why not? During preparation of the Discretionary EAW, a hydrogeologist with the Metropolitan Council was consulted regarding the springshed for Miller Spring. It was determined that the location of Riley Creek between the proposed development and Miller Spring likely results in the surficial groundwater being expressed into the creek within the development site rather than flowing towards Miller Spring. The proposed development would not change this pattern. The focus of the development plans is to maintain the integrity of the springs and seeps that express into Riley Creek through the use of infiltration to maintain the base flow of the surficial groundwater aquifer towards the creek. 9. The AUAR and the EAW do not consider either the Toll Brothers community or potential/planned future development in the "study area." Without further analysis it seems premature to base a decision on what appears to be preferred/biased appraisal,which includes only partial analysis of only one option. The intent of the Discretionary EAW was to evaluate potential access points into and out of the study area with a view towards potential environmental and archeological impacts. Traffic impacts from the Hennepin Village proposal, which included the current Toll Brothers proposal, Ridge at Riley Creek and the existing parcels, were included in the analysis. Analysis of the surrounding area is premature but future development will take into account the final design provided for Hennepin Village. Additional capacity exists to accommodate future residential development in the study area. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Development/Planning New Horizon Academy Janet Jeremiah/Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.17 acres; and • Approve 1st Reading of the Ordinance for Plan ned Unit Development District Review with waivers, and Zoning District Am endment in the Neighborhood Commercial zoning district on 1.17acres; and • Direct Staff to prepare a Developm ent Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is a for a day care facility. The project will require the following PUD waivers: 1. Parking setback from 17.5 feet to 15 feet. This reduced dimension affects one parking sp ace. The average setb ack meets the 17.5 feet setback. 2. Sign setback from 20 feet to 3 feet. The sign is proposed on the m asonry wall/fence at the northwest corner of the property . Visually this is better than a 20 foot high pylon sign inside th e play area or a 20 foot high pylon sign located further east along Linwood Court. 3. Lot size from 2 acres to 1.17 acres. This is an existing condition. 4. Building height from 30 feet to 31.5 feet. Building height is measured to the midpoint of the highest roof. The building height is 31.5 feet for the tower. The townhouses to the north have a building height of 40 feet. Background Information The 120-Day Review Period Expires on May 19, 2012. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the February 27, 2012 meeting. Attachments • Resolution -PUD • Staff Report dated 2-24-12 • Location Map • Land Use Map • Zoning Map • Aerial photo • Planning Commission Minutes • Letter from Resident CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF NEW HORIZON ACADEMY FOR RYLAUR,LLC ON BEHALF OF BLUE HILLS SOLUTION LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on February 27, 2012, for New Horizon Academy by Rylaur, LLC on behalf of Blue Hills Solution, LLC 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 March 20, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. New Horizon Academy,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 stamp dated March 9, 2012. 3. That the PUD Concept meets the recommendations of the Planning Commission February 27, 2012. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March, 2012 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept - New Horizon Academy Legal Description: Lot 1, Block 1, DELL STATION STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: February 24, 2012 SUBJECT: New Horizon Academy OWNER/ APPLICANT: Rylaur, LLC, on behalf of Blue Hills Solutions, LLC LOCATION: Southeast corner of Dell Road and Linwood Court 120 DAY REVIEW: Expires May 19, 2012 REQUEST: • Planned Unit Development Concept Review on 1.17 acres • Planned Unit Development District Review with waivers and Zoning District Amendment in the Neighborhood Commercial zoning district on 1.17 acres • Site Plan Review on 1.17 acres BACKGROUND The property is guided Neighborhood Commercial. Property to the north and east is guided Medium Density Residential. The property is zoned Neighborhood Commercial. Property to the north and east is zoned RM- 6.5. Fire Station No. 4 is located on the property to the south. SITE PLAN The site plan shows a 9,915 sq. ft. child care. The building meets the required setbacks. The base area/floor area ratio is 0.19. City code permits up to a 0.20 base area and a .40 floor area ratio. A total of 32 parking spaces are required. A total of 32 parking spaces are proposed. Staff Report—New Horizon Academy February 24, 2012 PUD WAIVERS The project will require the following waivers: 1. Parking setback from 17.5 feet to 15 feet. This reduced dimension affects one parki ng space. The average setback m eets the 17.5 feet setback. 2. Sign setback from 20 feet to 3 feet. The sign is proposed on the masonry wall/fence at the northwest corner of the property. Visually this is better than a 20 foot high pylon sign inside the play area or a 20 foot high pylon sign located further east along Linwood Court. 3. Lot size from 2 acres to 1.17 acres. This is an existing condition. 4. Building height from 30 feet to 31.5 feet. Building height is m easured to the m idpoint of the highest roof. The building height is 31.5 feet for the tower. The townhouses to the north have a building height of 40 feet. GRADING AND DRAINAGE A storm water pond is currently on the site for water quality. Pervious pavement has been incorporated into a portion of the parking lot adjacent to the pond to provide infiltration/filtration for the s ite. The size o f the infiltration/filtration area must be sufficiently s ized to meet City requirements. UTILITIES The site is served by city sewer and water. ARCHITECTURE The building meets the 75% face brick, glas s, and stone. The building material colors will need to match the fire station. LIGHTING Parking lot lighting fixtures need to match the lighting at the fire station site. The height of the parking lot poles should not exceed 20 feet in height. LANDSCAPING The amount of landscaping required is based on bu ilding square footage. A single story building 2 Staff Report—New Horizon Academy February 24, 2012 in excess of 20 feet in height shall be cons idered a two story build ing for the purposes of determining its total gross square footage. The landscaping requirement is 60 caliper inches. The plan shows 30 caliper inches. The plan should be revised to show 30 additional caliper inches of trees. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 1.17 acres. • Planned Unit Development District Review with waivers on 1.17 acres. • Zoning District Amendment within the Neighborhood Commercial District on 1.17 acres. • Site Plan Review on 1.17 acres. This is based on plans stamp dated January 20, 2012, and the following conditions: 1. Prior to City Council review, the proponent shall: A. Revise the landscaping plan to show a total of 30 additional caliper inches. 2. Prior grading permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer. B. Install erosion control at the grading limits of the property for review and approval by the City Engineer. 3. Prior to building permit issuance for the property, the proponent shall: A. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. B. Submit detailed landscaping plans for review, to including rainwater gardens along the drainage swale between the properties and adjacent to the storm water pond. C. Provide a landscaping bond. 4. The following waivers are granted through the PUD for the project: • Parking setback from 17.5 feet to 15 feet. • Sign setback from 20 feet to 3 feet. • Lot size from 2 acres to 1.17 acres. • Building height from 30 feet to 31.5 feet. 3 Area Location Map - New Horizon Academy Address: South of Linwood Court, East of Dell Road and North of 17920 Linwood Court, Eden Prairie, MN , i I I P *- R ___ __ ___ ,, ./ 00,4400. m 2 � °2 Mite -II Lake m N. \ \ \\ MBALL DR \ U U \ \ 0 0 \ \ Z 0 0 \ =J Dell Road \ ) ,s, Ej , \ ooCourtmi \ \ 17920 \ \ LINN/OOD CT \ s \ 717- ------, \ .\ • \ \ \ \ \ \ \ ( N \ \o\\ <\ \a\ 0 95 •0 \ \\80 Feet zi I I I , \ \ . 5 Guide Plan Map New Horizon Academy Address: South of Linwood Court, East of Dell Road and North of 17920 Linwood Court, Eden Prairie, MN 4 4 -li 0.0' al ,.... ____ ,.... 4rwifr ______ __,_ \ ir 1 00 \ \ Linwood Court \ 10 *\\\ ---....„\\ fa Ail 17290 Dell Road `\\ \ \\,____-ioiillIllIlMINIIIIIIIIIIIIIIIIIIIII 11 \\\* , -411 imill 212 i IIIIIIIIL PA," I \ \ , \ \ , it of Eden G ideIII Mil P a Map 2000 Legend N 1 Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre - Community Commercial Principal Arterial Low Density/Public/Open Space - Regional Commercial -A Minor Arterial B Minor Arterial ' ' + '1 Medium Density residential 2.5-10 Units/Acre®Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 EDEN n Medium Density Residential/Office - Park/Open Space DATE Revised 11-07-05 DATE Revised 06-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 - High Density Residential 10-40 Units/Acre W Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 _Airport Golf Course PRAIRIE Office - Church/Cemetary V/� Office/Industrial Open Water ITL:z:... .o m_ ®. ..a„ . .a v a.®u®Y 0® iiVE•wOx[•pAEAM K , Office/Public/Open Space =Right-Of-Way 0.125 0 - Industrial I I Miles Zoning Map New Horizon Academy South of Linwood Court, East of Dell Road and North of 17290 Linwood Court, Eden Prairie MN ill -- —"H ` aIi111I 1I1 lla IM•O 1111 11111111 14111111‘111il lirb ,, _..--I-I10 t ."..1 OO ..1I.,.p,AI1' M4U1 ifil -\----/:-. *WI ful.44% 11 ‘10 i k* N - r1 nwood Court Dell Road ' " aw---------__...,, 290 all II I I.1 III I I I I I.I I 11115;1 I ra Ill I I III I Is Villi Er iiim V. w444 .... • me ffe. Dr LIIIIIPI Ipmcg-1-11* rillrilli 6 1 --1" IIIIIIIP 400,„...4 *it. .,:,.;. PEP41 ill :IR �E. t or c min V41,40...,1 ,�� 1��_ ® _ . �_.iTob * • il, r*� ilarAll ,.�=■ Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I—I TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. ji TC-MU I GD I General Development Waters(Creeks Only) t . i R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. En Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepancy related to a zoning classitmaeon on this zoning map,file ordinance uVE•w OKK•OREAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.15 0.3 -Regional Service Commercial Miles .wa_,o...m..,=,..=4..t..o.a.,a ..._.„.m„..m Aerial Map New Horizon Academy South of Linwood Court, East of Dell Road and North of 17290 Linwood Court, Eden Prairie, MN u„:,,,, , 00:01-5,41r, ivis Ili lowsp 1 00. . lop,ilii, ••,,,r44 ... .,* 40,111111,10 . 01 4.;:. ,,,,,.: , ,,, .. . . , , , 0.4111 ., la-• •. .-4. —.: ' lit- • IL a• . „yr:.40 . ,`� '. ,� r K NI NI „,41 _.' , Linwood Court , _ . .. 4. ,, 4 . •:•• • " 1 ,.. ._,.,_ •• r, _••,_i*. ...L . ,,,,,A.,...„, • . „ .. , . _. • • • .. .., ,.. , r.. • .. it .• __ _,: .- ----_ - •At L-... ., - - • - , . . _. . • •• •......,, . •.;••,..-,:• • _:, N. ,i.., •., _ Elk .. ' - ' .'T. . - Dell Road F- . ;:-,. IP_ . -,:- 172RO . 11' -- ., < � ;yam. • N 1111111.1 .212t,:• ____ 4110 jF ; . r APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 27, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Lechelt, Lee and Schultz were absent. II. APPROVAL OF AGENDA MOTION by Wuttke, seconded by Fyten, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 13, 2012 MOTION by Kirk, seconded by Pitzrick, to approve the minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. NEW HORIZON ACADEMY by Rylaur, LLC on behalf of Blue Hills Solutions Location: Southeast Corner of Dell Rd& Linwood Ct. Request for: • Planned Unit Development Concept Review on 1.17 acres EDEN PRAIRIE PLANNING COMMISSION MINUTES February 27, 2012 Page 2 • Planned Unit Development District Review with waivers and Zoning District Amendment in the Neighborhood Commercial Zoning District on 1.17 acres • Site Plan Review on 1.17 acres Peter Hilger, architect on the project representing New Horizon, stated the proposal is to build a 10,000 sq. ft. child center. This property is currently owned by the City and they would like to purchase it from them. Mr. Hilger utilized the overhead projector to show the site diagram. He pointed out this center is located by the Dell Road fire station. The requirements set forth by the City were to make the building compatible to the fire station. He showed a conceptual drawing of the building and stated they plan to mask the bricks of the fire house and also wanted to be consistent with the design of the neighborhood character. For the pond, they are asking to re-design this to create an infiltration area around the pond and that is how the storm water will be managed. As a result of doing this development, they would be reducing easements on the property. In regards to landscaping,they know they are deficient on trees and will add more. He stated they will also be requesting a PUD waiver for signage. They would like to put up a low wall with a sign on it. Chair Stoltz asked Franzen to review the staff report. Franzen stated staff recommendation is for approval based on page 3 of the staff report. Chair Stoltz opened the meeting up for public input. John Bleifuss, of 17980 Linwood Court, lives across the street from this development and said they have been concerned with what was going to be going in there and he feels this is the best use of land and would recommend approval of this project. MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Kirk, seconded by Wuttke, to recommend approval of the Planned Unit Development Concept Review on 1.17 acres, Planned Unit Development District Review with waivers and Zoning District Amendment in the Neighborhood Commercial zoning district on 1.17 acres, and Site Plan Review on 1.17 acres,based on plans stamped dated February 17, 2012 and the staff report dated February 24, 2012. Motion carried 5-0. VII. PLANNERS' REPORT A. COMMUNITY ADVISORY COMMITTEE-SOUTHWEST LRT PROJECT EDEN PRAIRIE PLANNING COMMISSION MINUTES February 27, 2012 Page 3 Franzen stated the City Council is looking for a representative and an alternate for the Community Advisory Committee-Southwest LRT Project. Pitzrick, Wuttke and Fyten expressed interest in being on the committee. Franzen stated there will be two items on the agenda for the March 12th meeting; the Flying Cloud Landfill Subdivision and the continuance of the project tonight. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Wuttke, seconded by Kirk, to adjourn the meeting. Motion carried 5-0. There being no further business,the meeting was adjourned at 9:10 p.m. March 12, 2012 To: City of Eden Prairie 8080 Mitchell Road, Eden Prairie, MN 55344-2230 Attn: Community Development Department Comment Re: New Horizon Academy Project/Linwood Court. I recommend resetting or tuning the westbound traffic light from Linwood Court to the 212 entrance ramp to reduce the wait time of future customers of New Horizon. •Currently the induction loop for the traffic signal heading westbound onto the 212 entrance ramp takes several minutes to trigger. •By contrast, the induction loop for left turns onto southbound Dell Road triggers the signal change within a few seconds. Regards, 7 Mark Scollar 8468 Kimball Drive Eden Prairie,MN 55347 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 216948 —217225 Wire Transfers 1000388 - 1000460 Wire Transfers 4417 4428 February Purchasing Cards 4426 Attachments City of Eden Prairie Council Check Summary 3/20/2012 Division Amount Division Amount General 54,668 601 Prairie Village Liquor 107,847 100 City Manager 1,751 602 Den Road Liquor 185,117 101 Legislative 410 603 Prairie View Liquor 119,917 102 Legal Counsel -1,398 605 Den Road Building 938 110 City Clerk 228 701 Water Fund 107,466 111 Customer Service 3,718 702 Sewer Fund 8,866 112 Human Resources 942 703 Storm Drainage Fund 2,546 114 Benefits&Training 760 Total Enterprise Funds 532,697 130 Assessing 480 131 Finance 123 803 Escrow Fund 5,288 133 Planning 675 806 SAC Agency Fund 11,825 136 Public Safety Communications 2,690 807 Benefits Fund 330,654 137 Economic Development 25 812 Fleet Internal Service 53,114 150 Park Administration 57 813 IT Internal Service 9,428 151 Park Maintenance 11,687 814 Facilities Capital ISF 19,565 153 Organized Athletics 7,149 815 Facilites Operating ISF 45,464 154 Community Center 23,933 816 Facilites City Center ISF 24,138 156 Youth Programs 813 817 Facilites Comm.Center ISF 64,680 158 Senior Center 1,695 Total Internal Service Funds 564,157 159 Recreation Administration 6,271 160 Therapeutic Recreation 22 Report Total 1,539,110 161 Oak Point Pool 14,398 162 Arts 2,517 163 Outdoor Center 1,110 167 CC-Youth Programs 1,539 168 Arts Center 733 171 AC-Therapeutic Recreation 69 180 Police 19,921 183 Emergency Preparedness 67 184 Fire 12,372 186 Inspections 181 200 Engineering 665 201 Street Maintenance 31,867 202 Street Lighting 1,592 Total General Funds 203,729 301 CDBG 3,632 303 Cemetery Operation 12 304 Senior Board 307 308 E-911 1,784 312 Recycle Rebate 389 317 Eden Prairie Players 576 Total Special Revenue Fund 6,700 423 2003C Open Space Bonds 431 Total Debt Service Funds 431 509 CIP Fund 146,610 512 CIP Trails 400 522 Improvement Projects 2006 84,386 Total Capital Project Funds 231,396 City of Eden Prairie Council Check Register 3/20/2012 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 4421 184,240 CERIDIAN State Taxes Withheld Health and Benefits State Taxes Withheld 216985 146,610 GREYSTONE CONSTRUCTION COMPANY Building Capital Maint.&Reinvestment Salt/Sand Storage Facility 4419 128,910 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4427 100,238 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund State Sales Taxes 1000417 84,386 NORTHWEST ASPHALT Improvement Contracts Improvement Projects 2006 217081 83,120 XCEL ENERGY Electric Prairie Village Liquor Store 4426 52,855 US BANK Operating Supplies Fitness Center 217093 43,133 ADVANCED ENGINEERING&ENVIRON Machinery&Equipment Water Capital 1000399 37,541 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 217149 35,258 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 217158 30,942 MCF-LINO LAKES Other Contracted Services Street Maintenance 217001 26,700 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 216976 22,654 DODGE OF BURNSVILLE Autos Police 1000433 22,090 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 217222 21,898 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 4423 19,882 ING Deferred Compensation General Fund 216974 17,550 CLAUDE'S CERAMIC TILE INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 217185 16,861 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 217196 15,850 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 4422 15,769 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 217076 14,837 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 1000421 14,525 THORPE DISTRIBUTING Beer Prairie View Liquor Store 1000455 14,407 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 217143 14,353 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 1000457 13,249 THORPE DISTRIBUTING Beer Prairie View Liquor Store 4418 13,115 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 1000418 12,358 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 217050 12,087 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 217075 12,008 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 217223 11,997 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 217161 11,707 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 1000432 11,278 DAY DISTRIBUTING Beer Prairie Village Liquor Store 1000460 11,165 WALL TRENDS INC Repair&Maint.Supplies Facilities Capital 217220 9,730 WINE MERCHANTS INC Transportation Prairie View Liquor Store 217144 9,544 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 216996 9,202 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 217205 8,980 TRUE FABRICATIONS Advertising Wine Club 217034 8,413 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 1000429 8,042 CENTERPOINT ENERGY Gas Homeward Hills Park 1000412 7,364 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 1000402 6,855 DAY DISTRIBUTING Beer Prairie View Liquor Store 217125 6,557 ENVIRONMENTAL EQUIPMENT&SERV Equipment Repair&Maint Fleet Operating 216956 6,352 AFRO DRAPERY AND BLIND Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 216953 6,200 US POSTMASTER Postage Community Brochure 217180 4,859 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 217095 4,781 2ND WIND EXERCISE Capital Under$10,000 Fitness Center 216977 4,731 EARL F ANDERSEN INC Signs Traffic Signs Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1000427 4,320 BELLBOY CORPORATION Transportation Prairie View Liquor Store 1000407 4,223 INTEREUM INC Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 217031 3,906 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 217111 3,703 CENTURYLINK Telephone IT Telephone 217157 3,658 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 217073 3,652 WINE MERCHANTS INC Transportation Den Road Liquor Store 217194 3,570 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police 217142 3,207 HOHENSTEINS INC Beer Prairie Village Liquor Store 216960 3,063 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 1000393 2,817 BELLBOY CORPORATION Transportation Prairie View Liquor Store 216981 2,786 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1000401 2,770 COMPAR INC Machinery&Equipment Snow&Ice Control 1000458 2,738 VAN PAPER COMPANY Cleaning Supplies Arts Center 217102 2,697 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 1000404 2,290 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 1000440 2,205 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 217072 2,200 WINE COMPANY,THE Transportation Prairie View Liquor Store 1000400 2,117 CERIDIAN Ceridian IT Operating 1000436 2,109 GENUINE PARTS COMPANY Equipment Parts Street Maintenance 1000453 1,963 PRAIRIE ELECTRIC COMPANY Contract Svcs-Ice Rink Ice Arena Maintenance 1000413 1,962 METRO SALES INCORPORATED* Other Rentals IT Operating 1000416 1,937 NORTHERN SAFETY TECHNOLOGY INC Machinery&Equipment Police 217207 1,900 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control 217201 1,892 SURLY BREWING CO Beer Den Road Liquor Store 1000390 1,870 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Operating 1000422 1,812 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 216986 1,784 HARMONY PRODUCTIONS Fire Prevention Supplies Fire 217136 1,737 GREG KOOSMAN PAINTING INC Other Contracted Services Rehab 217100 1,687 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 1000410 1,602 LANDS END CORPORATE SALES Clothing&Uniforms Police 217016 1,540 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 216992 1,505 ITS A KEEPER Employee Award Internal Events 217210 1,372 US POSTMASTER Postage Water Accounting 217059 1,340 SWANSON,JEFF Other Contracted Services Broomball 217215 1,338 WATSON CO INC,THE Merchandise for Resale Concessions 217219 1,336 WINE COMPANY,THE Transportation Prairie View Liquor Store 217128 1,312 EXCEL HARDWOOD FLOORS INC Other Contracted Services Rehab 216961 1,271 BECKER ARENA PRODUCTS INC Capital Under$10,000 Fitness Center 1000452 1,262 NORTHERN SAFETY TECHNOLOGY INC Machinery&Equipment Police 217173 1,204 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 216984 1,163 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 217106 1,156 BLOOMINGTON,CITY OF Kennel Services Animal Control 216973 1,104 CLAREYS INC Equipment Repair&Maint Sewer System Maintenance 1000454 1,104 PROFORMA Office Supplies Customer Service 1000430 1,064 COMPAR INC Computers IT Operating 217029 1,050 PARENTEAU GRAVES COMMUNICATION Other Contracted Services Arts 217117 1,012 COSTCO Operating Supplies Senior Center Admin 1000443 979 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 216970 935 CENTURYLINK Other Contracted Services E-911 Program 1000449 927 METRO SALES INCORPORATED* Other Rentals Customer Service 1000406 881 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 216967 845 BOURGET IMPORTS Transportation Prairie Village Liquor Store 217134 833 GRANICUS INC Software Maintenance IT Operating 217112 832 CENTURYLINK Process Control Services Water Treatment Plant 1000389 810 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 217013 802 METRO CLEANING Contract Svcs-Garden Romm Garden Room Repairs 217166 796 MINNESOTA DEPT OF HEALTH Conference Expense Utility Operations-General 216990 792 HIGHWAY TECHNOLOGIES INC Operating Supplies Traffic Signs 4428 790 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 217063 781 TKO WINES,INC Wine Imported Prairie Village Liquor Store 216962 765 BERRY COFFEE COMPANY Operating Supplies Fire 217150 752 KEEPERS Clothing&Uniforms Fire 217028 750 NSRMAA Tuition Reimbursement/School Fire 1000439 712 GRAINGER Equipment Repair&Maint Fleet Operating 1000444 712 KUSTOM SIGNALS INC Equipment Repair&Maint Police 4420 704 CERIDIAN Garnishment Withheld General Fund 216968 698 BUCK,NATHAN Other Contracted Services Basketball 217069 674 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 217056 659 STREICHERS Clothing&Uniforms Police 1000394 654 BOUND TREE MEDICAL LLC EMS Supplies Fire 217066 634 UNIFORMS UNLIMITED Clothing&Uniforms Police 217192 618 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 217109 600 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 217113 583 CENTURYLINK Maintenance Contracts E-911 Program 217171 576 MPX GROUP,THE Printing Eden Prairie Players 217208 575 UNIVERSITY OF MINNESOTA Conference Expense Utility Operations-General 216964 562 BIFFS INC Waste Disposal Park Maintenance 1000397 552 CANNON RIVER WINERY Wine Domestic Prairie Village Liquor Store 217138 550 HENNEPIN COUNTY ACCOUNTS RECEI Refunds CDBG-Public Service 217139 550 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 217126 540 ERGOMETRICS Employment Support Test Organizational Services 217203 510 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance 216991 506 HOLMES,TOM Other Contracted Services Volleyball 217039 500 RICK,ELIZABETH DEE Conference Expense Outdoor Center 217094 500 RAMSEY COUNTY SHERIFF'S OFFICE Deposits Escrow 217133 497 GE CAPITAL SOLUTIONS Deposits Escrow 217163 497 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 217078 493 WORLD WIDE CELLARS INC Transportation Prairie View Liquor Store 217135 491 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 216995 482 JANETSKI,BETH Operating Supplies Winter Theatre 217048 480 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire 217077 477 WOODLAND HILL VINEYARDS LLC Wine Domestic Prairie Village Liquor Store 216972 475 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 216978 473 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration 217131 472 FERRELLGAS Equipment Parts Fleet Operating 1000409 471 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 1000445 451 LAB SAFETY SUPPLY INC Safety Supplies Utility Operations-General 217176 450 NORTHERN TOOL Equipment Parts Fleet Operating 217213 442 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 217224 439 XCEL ENERGY Electric Forest Hills Park 217199 438 STREICHERS Clothing&Uniforms Police 217206 431 U S BANK Paying Agent 2003C Open Space Refunding Bon Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217058 423 SURLY BREWING CO Beer Den Road Liquor Store 217197 416 SQUARE CUT Instructor Service Senior Center Admire 1000451 411 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 1000392 408 ASPEN EQUIPMENT CO. Small Tools Park Maintenance 216994 401 J&D WINDOW CLEANING Janitor Service-General Bldg Prairie Village Liquor Store 217024 400 MPCA Licenses&Taxes CIP Trails 217055 400 STENOIEN,KRISTEN Ball Field Fees Park Maintenance 217089 400 ORION SYSTEMS Other Contracted Services Police 1000459 396 VINOCOPIA Transportation Den Road Liquor Store 217108 393 BROCK WHITE COMPANY LLC Repair&Maint.Supplies Sewer Capital 217012 380 MENARDS Operating Supplies Street Maintenance 217010 375 MACQUEEN EQUIPMENT INC Conference Expense Engineering 217187 373 PLASTICS INTERNATIONAL Equipment Repair&Maint Park Maintenance 217054 367 STAPLES MILL BREWING CO Beer Prairie View Liquor Store 217130 367 FASTSIGNS Printing Winter Theatre 217015 366 MIDWEST ASPHALT CORPORATION Gravel Street Maintenance 217092 360 KNUDTSON,STEVE Other Contracted Services Broomball 217191 360 RICK,ELIZABETH DEE Instructor Service Outdoor Center 1000411 357 MATHESON TRI-GAS INC Small Tools Fleet Operating 216954 350 4 EVER EXERCISE EQUIPMENT REPA Equipment Repair&Maint Police 1000428 341 BOYER TRUCKS Equipment Parts Fleet Operating 216983 338 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 217151 333 KINDERMUSIK WITH KIM Instructor Service CC-Arts&Drama Programs 217103 330 BERNICK'S WINE Misc Non-Taxable Den Road Liquor Store 1000405 330 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 217060 326 TAYLOR,EMILY Instructor Service Arts Center 217198 316 STAPLES ADVANTAGE Canine Supplies Police 217121 316 DOMACE VINO Transportation Prairie View Liquor Store 216969 313 CENTURYLINK Telephone IT Telephone 1000395 309 BOUNDLESS NETWORK Operating Supplies Ice Rink#2 217006 302 LARSON,ALLEN R. Mileage&Parking Police 217003 300 KENNETH CO INC Equipment Repair&Maint Storm Drainage 217052 300 SQUARE CUT Instructor Service Senior Center Admin 217167 300 MINNESOTA DEPT OF LABOR AND IN Contract Svcs-Elevator Senior Center 1000415 293 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 217168 288 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 217114 288 CHRISTIANSEN,MIKE Other Contracted Services Basketball 217026 285 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 217189 284 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1000414 280 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire 217104 275 BEST BUY Equipment Repair&Maint IT Operating 217064 270 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 217211 268 VANDENBERGHE,MARK Travel Expense Fire 217005 250 LANZI,BOB Mileage&Parking Ice Rink#1 217040 250 RITTER,MARK Refunds Environmental Education 1000431 249 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 217159 239 MENARDS Operating Supplies Park Maintenance 217017 236 MILIO'S SANDWICHES Merchandise for Resale Concessions 217154 230 LATZIG,NONA J Other Contracted Services Volleyball 217061 230 TESSMAN SEED CO Chemicals Park Maintenance 217177 228 OLSEN COMPANIES Repair&Maint.Supplies Water System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1000420 227 SPRINT Wireless Subscription IT Operating 216958 220 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 217137 216 HAYEN,LINDA Operating Supplies Winter Theatre 1000448 215 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 217174 214 MUSSELL,KATELIN Other Contracted Services Volleyball 216988 211 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 216989 210 HENRY,PAUL Other Contracted Services Broomball 217014 207 METRO FIRE Protective Clothing Fire 216979 204 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 217071 200 WILSON,PAMELA A Refunds Environmental Education 217200 195 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1000447 192 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 217188 190 PLEAA Tuition Reimbursement/School Police 4424 189 VANCO SERVICES Miscellaneous Community Center Admin 217097 186 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 216952 185 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 217027 181 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 217120 180 D&D INSTRUMENTS Equipment Repair&Maint Fleet Operating 216966 180 BOLD,PAULINE Instructor Service Outdoor Center 217008 178 LIBERA,JIM Refunds Environmental Education 217082 175 ZIEBART OF MINNESOTA INC Equipment Repair&Maint Fleet Operating 217212 170 VASSALLO,NICK Deposits-P&R Refunds Community Center Admin 1000434 170 FASTENAL COMPANY Equipment Parts Fleet Operating 217002 169 KEEPERS Clothing&Uniforms Fire 217096 168 AMERICAN BOTTLING COMPANY,THE Misc Non-Taxable Prairie View Liquor Store 1000423 163 VINOCOPIA Transportation Prairie Village Liquor Store 1000396 162 BOYER TRUCKS Equipment Parts Fleet Operating 217175 160 NEUMANN,NEAL Other Contracted Services Broomball 217204 159 TOTAL FILTRATION SERVICES INC Supplies-HVAC City Hall-CAM 1000398 158 CENTERPOINT ENERGY Gas Den Road Building 216959 150 BATTERIES PLUS Equipment Repair&Maint Park Maintenance 217178 150 ORION SYSTEMS Other Contracted Services Police 217216 149 WAYTEK INC Equipment Parts Fleet Operating 217164 146 MINNESOTA CONWAY Repair&Maint.Supplies Fire 1000435 133 FEDEX Postage Human Resources 4425 132 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 1000425 131 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 1000438 130 GRAFIX SHOPPE Equipment Repair&Maint Fleet Operating 1000403 128 FASTENAL COMPANY Equipment Parts Fleet Operating 217214 127 VINOANDES Transportation Prairie View Liquor Store 217053 125 STAPLES ADVANTAGE Office Supplies Customer Service 217123 125 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 216957 125 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store 217132 124 FIELDSTONE VINEYARDS Wine Domestic Prairie Village Liquor Store 217046 123 SGC HORIZON LLC Legal Notices Publishing Street Maintenance 217140 118 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 217179 113 OXYGEN SERVICE COMPANY Operating Supplies Fire 217098 112 ANDERBERG INNOVATIVE PRINT SOL Printing Police 217202 111 TKO WINES,INC Wine Imported Prairie View Liquor Store 217030 110 PARK NICOLLET OPTICAL Employment Support Test Organizational Services 217047 108 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 216955 108 AARP DRIVER SAFETY PROGRAM Other Contracted Services Senior Center Programs 217037 108 RAY,LEE Other Contracted Services Basketball 217190 108 RAY,LEE Other Contracted Services Basketball 217042 104 SCHEWE,BERYL Tuition Reimbursement/School Fitness Classes 217007 100 LARSON,CONNIE Refunds Environmental Education 217022 100 MN BOARD OF AELSLAGID Licenses&Taxes Engineering 217057 100 STUART,STEVEN Refunds Environmental Education 217085 100 EDWARDSON,PAUL Refunds Environmental Education 217088 100 NUMEDAHL,SCOTT Refunds Environmental Education 217141 100 HOEY,JACLYN Refunds Environmental Education 217172 100 MSANI Tuition Reimbursement/School Police 217225 100 MINNESOTA DEPARTMENT OF LABOR Conference Expense Utility Operations-General 1000450 100 METROPOLITAN MECHANICAL CONTRA Cash Over/Short General Fund 1000442 98 JASON'S DELI Operating Supplies Reserves 217115 98 CLAREYS INC Office Supplies Customer Service 216975 96 DIRECTV Cable TV Community Center Admin 217043 96 SCHIPULL,JEFF Other Contracted Services Basketball 1000408 96 JASON'S DELI Operating Supplies Police 217091 95 TWIN CITY AREA LABOR MGMT COUN Conference Expense Street Maintenance 216993 94 J H LARSON COMPANY Operating Supplies Prairie Village Liquor Store 217099 94 ANTONY,SNEETA Deposits-P&R Refunds Community Center Admin 217129 94 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 217209 93 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 217025 88 MPX GROUP,THE Printing Police 217153 87 KRAUSE,MARY Mileage&Parking Engineering 217083 87 ZUNKER,DAN Refunds Environmental Education 216982 85 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 217155 85 LEE,DONNA Deposits-P&R Refunds Community Center Admin 1000391 84 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Community Center Admin 217038 83 RICHARDSON,JIM Operating Supplies Police 217020 80 MINNESOTA CORRECTIONS ASSOCIAT Tuition Reimbursement/School Police 217045 77 SCHMITZ,THOMAS Training Supplies Fire 217218 63 WILSON,TAMMY Mileage&Parking Finance 217169 63 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control 217182 63 PETSMART Canine Supplies Police 1000456 63 SHRED-IT USA INC Waste Disposal City Center Operations 1000419 63 SPRINT Telephone Engineering 217118 62 CROWN MARKING INC Office Supplies Police 217087 61 HOOD,KATHERINE J Deposits Escrow 217021 60 MINNESOTA GFOA Dues&Subscriptions Finance 217193 59 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 217019 58 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 217018 56 MILLARD,CHRIS Motor Fuels Fleet Operating 1000437 53 GINA MARIAS INC Operating Supplies Reserves 217116 51 COMCAST Dues&Subscriptions City Council 216963 50 BIEHL,JOHN Refunds Environmental Education 216971 50 CHICRE,ALFONSO Refunds Environmental Education 217009 50 MACKANY,DENNIS Refunds Environmental Education 217041 50 ROREM,ANN M Instructor Service Arts Center 217044 50 SCHMIDTKE,CRAIG Refunds Environmental Education 217070 50 WILKEN,SCOTT Refunds Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217084 50 CHICRE,ALFONSO Refunds Environmental Education 217086 50 HANN,STEPHEN Refunds Environmental Education 217124 50 EIDSMO,KELLY Refunds Environmental Education 217062 49 THOMAS,CAROLYNN Refunds Environmental Education 217186 47 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 217181 46 PETERSON,GLEN Other Contracted Services Volleyball 217145 45 JOHN DEERE LANDSCAPES/LESCO Conference Expense Park Maintenance 217051 45 SPENCER,EBEN Refunds Environmental Education 217160 43 METRO FIRE Protective Clothing Fire 1000441 41 HD SUPPLY FACILITIES MAINTENAN Supplies-Electrical City Center Operations 217023 40 MN SOCIETY OF ARBORICULTURE Dues&Subscriptions Tree Disease 217068 40 UNIVERSITY OF MINNESOTA Conference Expense Engineering 217107 40 BOLD,PAULINE Instructor Service Outdoor Center 217122 40 EARL F ANDERSEN INC Signs Traffic Signs 217152 35 KRAEMERS HARDWARE INC Supplies-Security Fitness/Conference-Cmty Ctr 217090 35 TALBOT,RITA Refunds Environmental Education 217119 34 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 217105 32 BIERBAUM,STEVEN Deposits-P&R Refunds Community Center Admin 4417 31 VANCO SERVICES Bank and Service Charges Sewer Utility-General 217067 30 UNITED FIREFIGHTERS REGION 11 Tuition Reimbursement/School Fire 217170 30 MORENO,MARIA Deposits-P&R Refunds Community Center Admin 217156 29 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 217036 26 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink 3rd Sheet of Ice 217011 24 MATSON,TOM Small Tools Fleet Operating 217101 23 BATTERIES PLUS Supplies-Electrical Prairie Village Liquor Store 1000424 22 W P&R S MARS CO Equipment Parts Fleet Operating 216951 22 RICHFIELD,CITY OF Autos Police 217065 20 TRUE FABRICATIONS Misc Taxable Prairie Village Liquor Store 1000446 20 LANDS END CORPORATE SALES Clothing&Uniforms Police 216949 19 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 217035 17 PHILLIPS,CHANLEY Refunds Environmental Education 216965 15 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Police 217217 14 WEBB,CHAUNTEL Deposits-P&R Refunds Community Center Admin 217162 14 MEYER,MADELINE C Deposits Escrow 216948 13 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 216950 13 RICHFIELD,CITY OF Autos Police 1000388 11 A TO Z RENTAL CENTER Small Tools Street Maintenance 217004 10 KRAEMERS HARDWARE INC Repair&Maint-Ice Rink Ice Arena Maintenance 216987 10 HARTMAN,JEAN Deposits-P&R Refunds Community Center Admin 216997 10 JOHANNES,JANE Deposits-P&R Refunds Community Center Admin 217127 10 ERICKSON,RON Inspection Fee Housing Inspections 1000426 9 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 216980 5 FELKER,BARBARA Deposits-P&R Refunds Community Center Admin 1,539,110 Grand Total City of Eden Prairie Purchasing Card Payment Report Amount Explanation Vendor Account Description Business Unit 79 US-Shop Supplies-Ice Signs HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 34 US-Paint Room MENARDS Operating Supplies Park Maintenance 111 US-Paint Sprayer Part HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Park Maintenance 300 US-Collection School/Training MINNESOTA POLLUTION CONTROL AG Conference Expense Utility Operations-General 163 US-Training Books CALIFORNIA STATE UNIVERSITY,S Conference Expense Utility Operations-General 7 US-Picnic MENARDS Repair&Maint.Supplies Park Maintenance 362 US-Picnic SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance 29 US-Picnic MENARDS Repair&Maint.Supplies Park Maintenance 64 US-Paint Room-Tom MENARDS Building Repair&Maint. Park Maintenance 113 US-Paint Sprayer AMAZON.COM Small Tools Fleet Operating 9 US-Woodshop Supplies MENARDS Equipment Repair&Maint Senior Center Admin 307 US-Coffee Supplies COFFEE WHOLESALE Operating Supplies Senior Board 26 US-Pop RAINBOW FOODS INC. Operating Supplies Senior Center Admin 634 US-Display Hanging System WALKER DISPLAY INCORPORATED Operating Supplies Senior Center Admin -31 US-Refund Sr Ctr WALMART COMMUNITY Operating Supplies Senior Center Admin 15 US-Cribbage Tournament RAINBOW FOODS INC. Operating Supplies Senior Center Programs 21 US-Lunch at Sr Ctr RAINBOW FOODS INC. Special Event Fees Red Hat 118 US-Red Hat Lunch BUCA Special Event Fees Red Hat 116 US-Picnic Tables MENARDS Repair&Maint.Supplies Park Maintenance 123 US-Program Books OFFICEMAX CREDIT PLAN Office Supplies Utility Operations-General 26 US-Flushing Maps MICHAELS-THE ARTS&CRAFTS S Office Supplies Utility Operations-General 54 US-Paper Shredder OFFICEMAX CREDIT PLAN Office Supplies Utility Operations-General 19 US-Program Books MICHAELS-THE ARTS&CRAFTS S Office Supplies Utility Operations-General -46 US-Returned Fan NAPA AUTO PARTS Equipment Repair&Maint Park Maintenance 1,500 US-Collection School/Training MINNESOTA POLLUTION CONTROL AG Conference Expense Utility Operations-General 59 US-Batteries MENARDS Repair&Maint.Supplies Sewer System Maintenance 12 US-Parking for Training MPLSPARKING.COM Mileage&Parking Park Maintenance 12 US-parking Lot Lights MENARDS Repair&Maint.Supplies Park Maintenance 9 US-Office Supplies OFFICEMAX CREDIT PLAN Office Supplies Park Maintenance -133 US-Cancelled Class ICC Tuition Reimbursement/School Fire -133 US-Cancelled Class ICC Tuition Reimbursement/School Fire -133 US-Cancelled Class ICC Tuition Reimbursement/School Fire -133 US-Cancelled Class ICC Tuition Reimbursement/School Fire 210 US-Membership INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire 210 US-Membership INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire 360 US-Registration for Conf. WOMEN IN THE FIRE SERVICE INC Conference Expense Fire 652 US-Conference Travel DELTA AIR Conference Expense Fire 33 US-Conference Travel EXPEDIA Conference Expense Fire 188 US-Annual Picnic 2012 THREE RIVERS PARK DISTRICT Operating Supplies Fire 75 US-Membership Dues FBINAA Dues&Subscriptions Police 22 US-Lunch for Expo KELBER CATERING Conference Expense Park Maintenance 12 US-Parking MPLSPARKING.COM Mileage&Parking Park Maintenance 229 US-IAFC Annual Dues IAFC Dues&Subscriptions Fire 109 US-Hotel Reservation EXPEDIA Conference Expense Fire 200 US-Annual Subscription SURVEYMONKEY.COM Dues&Subscriptions Fire 4 US-Parking LE ST GERMAIN SUITE HOTEL Operating Supplies Fire 279 US-Conference HILTON HOTELS Conference Expense Fire 260 US-Conference MDF PAYPAL INC Conference Expense Planning 15 US-Refund R Getschow FREECREDITSCORE.COM Deposits Escrow -15 US-Refund R Getschow FREECREDITSCORE.COM Deposits Escrow 228 US-Detention Ctr Supplies BOB BARKER COMPANY Operating Supplies Police Amount Explanation Vendor Account Description Business Unit 49 US-Training Supplies BEST BUY Operating Supplies Police 22 US-Operating Supplies OFFICEMAX CREDIT PLAN Operating Supplies Police 10 US-Operating Supplies FEDEX Operating Supplies Police 1,443 US-Forensic Software GUIDANCE SOFTWARE Miscellaneous IT Operating 40 US-Operating Supplies REMOTE SUPPORT INC Operating Supplies Police 23 US-CC Personal Use-P Hammerlin HOLIDAY STATION STORES INC Deposits Escrow 121 US-Shop Supplies/Tools MENARDS Small Tools Park Maintenance 114 US-Chem Room shelves MENARDS Equipment Repair&Maint Park Maintenance 111 US-Chem Room shelves MENARDS Equipment Repair&Maint Park Maintenance 20 US-Chem Room shelves MENARDS Operating Supplies Park Maintenance 60 US-Chem Room MENARDS Operating Supplies Park Maintenance 30 US-Paint Supplies MENARDS Operating Supplies Park Maintenance 181 US-Floor Machine Parts BUCKEYE CLN CT MINNEAPOLIS Building Repair&Maint. Water Treatment Plant 1,595 US-Fraud US BANK Operating Supplies Park Maintenance -1,572 US-Fraud US BANK Operating Supplies Park Maintenance 45 US-ULI Meeting URBAN LAND INSTITUTE Conference Expense Planning 45 US-ULI Meeting URBAN LAND INSTITUTE Conference Expense Planning 1,008 US-Toolboxes AUTOACCESSORIES.COM Capital Under$10,000 Fleet Operating 86 US-PD 4 Wheeler Spring TRI-K SPORTS Equipment Parts Fleet Operating 120 US-Car Adapter,Wire BROTHER MOBILE SOLUTIONS INC Equipment Parts Fleet Operating 34 US-HW Bag CITIES EDGE Equipment Parts Fleet Operating 182 US-Laptop Table#127 GOOGLE Small Tools Fleet Operating 195 US-Mowing Crew HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 65 US-Supplies/Tools MENARDS Repair&Maint.Supplies Park Maintenance 135 US-Twin cities HR Assoc PAYPAL INC Conference Expense Human Resources 35 US-Training PAYPAL INC Conference Expense Human Resources 25 US-TCHRA Seminar PAYPAL INC Conference Expense Human Resources 180 US-General Membership SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 180 US-Membership SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 135 US-TCHRA Conference PAYPAL INC Conference Expense Human Resources 95 US-Membership PAYPAL INC Dues&Subscriptions Human Resources 9 US-EP On Track Training CUB FOODS EDEN PRAIRIE Training Supplies Organizational Services 50 US-Recertification Fee NORTHSTAR CHAPTER AMERICAN PAY Dues&Subscriptions Human Resources 411 US-Food Standby Crews RUBY TUESDAY Operating Supplies Fire 322 US-Chairs-Station 3 HOM FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 223 US-Floor Squeeges HOME DEPOT CREDIT SERVICES Small Tools Fire 401 US-Chairs-Station 3 FURNITURE OUTLETS USA Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 52 US-Books for HR BARNES&NOBLE Training Supplies Fire 254 US-IAFC Annual Dues IAFC Dues&Subscriptions Fire 20 US-Epermit Web security PAYPAL INC Equipment Repair&Maint IT Operating 23 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Recurring Credit Card PAYPAL INC Bank and Service Charges Utility Operations-General 5,677 US-Dec2011 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 976 US-Dec2011 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 388 US-Dec2011 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -141 US-Dec2011 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 20 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 17 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 133 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 256 US-Café Food SCHWAN'S HOME SERVICE Merchandise for Resale Concessions 44 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 158 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 651 US-Supplies for Café SUPERIOR PRODUCTS MFG CO Operating Supplies Concessions 41 US-Cafe Food FRESH SEASONS MARKET Merchandise for Resale Concessions 40 US-Cafe Food RAINBOW FOODS INC. Merchandise for Resale Concessions 21 US-Cafe Food RAINBOW FOODS INC. Merchandise for Resale Concessions 96 US-Cafe Food WALMART COMMUNITY Merchandise for Resale Concessions 6 US-Cafe Food WALMART COMMUNITY Merchandise for Resale Concessions 81 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 37 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 69 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 92 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 215 US-Café Food OFFICE DEPOT CREDIT PLAN Merchandise for Resale Concessions 15 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 34 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 673 US-Ice Rink Barricade BIGSIGNS.COM Operating Supplies Ice Rink#1 56 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 25 US-Ice Show Endorsement ICE SKATING INSTITUTE Operating Supplies Ice Rink#1 375 US-ISI Renewal ICE SKATING INSTITUTE Dues&Subscriptions Ice Rink#1 228 US-Café License HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Concessions 394 US-Café-B Witt HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Pool Operations 211 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 43 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 118 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 26 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 83 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 82 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 327 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 35 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 20 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 56 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 16 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 180 US-Café Food SCHWAN'S HOME SERVICE Merchandise for Resale Concessions 11 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 315 US-Tools for Trucks/Shop NORTHERN TOOL&EQUIPMENT Small Tools Utility Operations-General 77 US-Shop Supplies MENARDS Repair&Maint.Supplies Sewer Liftstation 89 US-iPad Supplies AMAZON.COM Small Tools Fire 3 US-iPad Supplies AMAZON.COM Small Tools Fire 165 US-iPad Supplies NATIONAL PRODUCTS INC Small Tools Fire 45 US-Food KOWALSKI'S MARKET Operating Supplies Fire 60 US-Sunshine Fund D Kaiser BACHMANS CREDIT DEPT Deposits Escrow 60 US-Sunshine Fund B Witt BACHMANS CREDIT DEPT Deposits Escrow 60 US-Sunshine Fund P Sullivan BACHMANS CREDIT DEPT Deposits Escrow 73 US-Sunshine Fund D Barthel FTD.COM Deposits Escrow 66 US-Sunshine Fune R Wahlen BACHMANS CREDIT DEPT Deposits Escrow 21 US-Council Workshop Water Pitc WALMART COMMUNITY Miscellaneous City Council 89 US-Sunshine Fund A rose BACHMANS CREDIT DEPT Deposits Escrow 270 US-Council Workshop Food LEEANN CHIN Miscellaneous City Council 43 US-Council Workshop Food KOWALSKI'S MARKET Miscellaneous City Council 66 US-Sunshine Fund Bittner BACHMANS CREDIT DEPT Deposits Escrow 64 US-Sunshine Fund Henke BACHMANS CREDIT DEPT Deposits Escrow 66 US-Sunshine Fund M Feltmann BACHMANS CREDIT DEPT Deposits Escrow 345 US-FBI Uniforms MARINE CORP EX Clothing&Uniforms Police 80 US-Wi-Fi Plan ENDEKA GROUP Pager&Cell Phone Police 99 US-Hotel for FBI Academy COURTYARD MARRIOTT Tuition Reimbursement/School Police Amount Explanation Vendor Account Description Business Unit 64 US-FBI Uniforms FBINAA Clothing&Uniforms Police 42 US-Gas,Squad 298 KANGAROO EXPRESS Motor Fuels Fleet Operating 25 US-Training TRAVELOCITY.COM Tuition Reimbursement/School Police 624 US-Training DELTA AIR Tuition Reimbursement/School Police 32 US-Gas,Squad 298 KANGAROO EXPRESS Motor Fuels Fleet Operating 90 US-Training FBINAA Tuition Reimbursement/School Police 39 US-Gas,Squad 298 7-ELEVEN Motor Fuels Fleet Operating 127 US-Battery for Shop NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 55 US-Bosch Bit HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Capital 324 US-Pickleball Courts-Pioneer P USAPA Operating Supplies Park Maintenance 38 US-Books&Asstmt Valerie&St AMAZON.COM Operating Supplies Recreation Admin 10 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 35 US-Shop Supplies NAPA AUTO PARTS Repair&Maint.Supplies Utility Operations-General -13 US-Brino Tank HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 13 US-Brino Tank HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 4 US-Brino Tank Parts#177 HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 281 US-Training Supplies AMERICAN WATER WORKS ASSOCIATI Conference Expense Water Treatment Plant 29 US-Regional Meeting LA RANA LLC Travel Expense City Clerk 199 US-MCFOA Regional HOTEL WINNESHIEK Conference Expense City Clerk 6 US-8'x1/2'Get a Grip MENARDS Repair&Maint.Supplies Sewer System Maintenance 149 US-Chain OLSEN CHAIN&CABLE Repair&Maint.Supplies Sewer Liftstation 172 US-Water fill Station DUNCAN CO Repair&Maint.Supplies Water Metering 17 US-Fill Station Part DUNCAN CO Repair&Maint.Supplies Water Metering 1 US-Pipe Bushing MENARDS Repair&Maint.Supplies Sewer System Maintenance 62 US-Cord,Screws,Tape MENARDS Repair&Maint.Supplies Water Metering 988 US-Injectors SEAL BOSS CORP Repair&Maint.Supplies Sewer Capital 389 US-Bags 1BAGATATIME.COM Operating Supplies Recycle Rebate 285 US-MECA Conference R Slick MECA Conference Expense Storm Drainage 204 US-MECA Conference R Slick GRAND VIEW LODGE Conference Expense Storm Drainage 9 US-Parking for Expo MPLSPARKING.COM Mileage&Parking Park Maintenance 33 US-Lunch for Expo OLD CHICAGO MPLS Conference Expense Park Maintenance 10 US-Registration-Green Expo MN NURSERY&LANDSCAPE Conference Expense Park Maintenance 19 US-Small Equipment-Chem Room HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 116 US-New Parks Camera WALMART COMMUNITY Operating Supplies Park Maintenance 14 US-Reserve Calendar CALENDAR WIZ Operating Supplies Reserves 6 US-Resource Room MENARDS Operating Supplies Street Maintenance 43 US-Painting-Plows and Wings HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 50 US-Training Supplies BEST BUY Training Supplies Fire 250 US-Conference HOLIDAY INN Conference Expense Fire 250 US-Conference HOLIDAY INN Conference Expense Fire 173 US-Conference HOLIDAY INN Conference Expense Fire 173 US-Conference HOLIDAY INN Conference Expense Fire 250 US-Conference HOLIDAY INN Conference Expense Fire 173 US-Conference HOLIDAY INN Conference Expense Fire 250 US-Conference HOLIDAY INN Conference Expense Fire 212 US-Training Supplies PENNWELL Training Supplies Fire 1,162 US-Ammonia Sensor GENESIS INTERNATIONAL Repair&Maint.Supplies 3rd Sheet of Ice 30 US-Wheel for Dryer in PD CE SUNDBERG Repair&Maint.Supplies Police City Center 45 US-Cooling for Oven-Garden Roo BCP SYSTEMS Repair&Maint.Supplies City Hall-CAM 57 US-Tools SEARS EDEN PRAIRIE Repair&Maint.Supplies Utility Operations-General 5 US-Repairs KRAEMERS HARDWARE INC Repair&Maint.Supplies Sewer System Maintenance 359 US-Scripts for Childres Theatr PIONEER DRAMA SERVICE Operating Supplies Theatre Initiative 27 US-Jewelry Cord for B-Day Part TRIARCO Operating Supplies Arts Center Amount Explanation Vendor Account Description Business Unit 33 US-Volunteer Tracking Software VOLGISTICS Other Contracted Services Recreation Admin 15 US-Play Scripts MUSIC THEATRE INTERNATIONAL Operating Supplies Winter Theatre 14 US-Play Scripts AMAZON.COM Operating Supplies Winter Theatre 12 US-Script for play DRAMATISTS PLAY SERVICE INC Operating Supplies Winter Theatre 17 US-Supplies for Sat Night Out MICHAELS-THE ARTS&CRAFTS S Operating Supplies AC-Saturday Night Out 588 US-Reading for Playcare ECMD Capital Under$10,000 Day Care 441 US-Book Shelf for playcare ECMD Capital Under$10,000 Day Care 55 US-Birthday Party supplies S&S WORLDWIDE Operating Supplies Birthday Parties 14 US-Birthday Party Ice Cream CUB FOODS EDEN PRAIRIE Operating Supplies Birthday Parties 36 US-Birthday Party supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 21 US-Baskets for Body Pump OFFICE DEPOT CREDIT PLAN Operating Supplies Fitness Classes 88 US-Facility Supplies OFFICE DEPOT CREDIT PLAN Repair&Maint.Supplies Facilities Staff 872 US-Ribbon&Cards ID WHOLESALER Operating Supplies Community Center Admin 50 US-Tot time Gym Supplies S&S WORLDWIDE Operating Supplies Gymnasium(CC) 80 US-MAAO Dues-B Cook MAAO Dues&Subscriptions Assessing 80 US-MAAO Dues-D Buswell MAAO Dues&Subscriptions Assessing 80 US-MAAO Dues-C Schmidt MAAO Dues&Subscriptions Assessing 80 US-MAAO Dues-J Sams MAAO Dues&Subscriptions Assessing 80 US-MAAO Dues-J Carlson MAAO Dues&Subscriptions Assessing 80 US-MAAO Dues-S Sinell MAAO Dues&Subscriptions Assessing 6 US-Critter Food PETCO Operating Supplies Outdoor Center 6 US-Critter Food PETCO Operating Supplies Outdoor Center 6 US-Critter Food PETCO Operating Supplies Outdoor Center 11 US-Critter Food PETCO Operating Supplies Outdoor Center 9 US-Cable MY CABLE MART Equipment Repair&Maint Public Safety Communications 54 US-Board SHOPJIMMY.COM Equipment Repair&Maint Public Safety Communications 56 US-Power Supply Unit SHOPJIMMY.COM Equipment Repair&Maint Public Safety Communications 188 US-Flat Panel DELL Equipment Repair&Maint Public Safety Communications 64 US-AC Power RADIOSHACK Equipment Repair&Maint Public Safety Communications 27 US-Cable RADIO SHACK Equipment Repair&Maint Public Safety Communications 43 US-AC Pwrsp/Assy RADIOSHACK Equipment Repair&Maint Public Safety Communications 1,821 US-Microwave replacement COMSTOCK TELCOM Equipment Repair&Maint Public Safety Communications 1,224 US-MRPA Team Registration MINNESOTA RECREATION&PARK AS Special Event Fees Volleyball Amount Explanation Vendor Account Description Business Unit 1,000 US-League Champion Awards GREEN MILL Awards Athletic Programs Admin 561 US-MRPA Team Registration MINNESOTA RECREATION&PARK AS Special Event Fees Volleyball 150 US-Training SOTA Tuition Reimbursement/School Police 200 US-Training ATOM Dues&Subscriptions Police 245 US-Training HOLIDAY INN Tuition Reimbursement/School Police 245 US-Training HOLIDAY INN Tuition Reimbursement/School Police 155 US-Training MANKATO CITY CENTER HOTEL Tuition Reimbursement/School Police 690 US-Training NTOA Tuition Reimbursement/School Police 297 US-Seasame Street Live TARGET CENTER Special Event Fees Special Events&Trips 36 US-Seasame Street Live TARGET CENTER Special Event Fees Special Events&Trips 80 US-Nonschool Day Snacks TARGET Operating Supplies CC-Special Events&Trips 147 US-Bingo Prizes TARGET Operating Supplies CC-Special Events&Trips 237 US-Father/Daughter Dance ORIENTAL TRADING Operating Supplies Special Events&Trips 44 US-Father/Daughter Dance PARTY CITY Operating Supplies Special Events&Trips 60 US-Professional Development PAYPAL INC Conference Expense Youth Programs Admin 35 US-Program Supplies PARTY CITY Operating Supplies Youth Programs Admin 11 US-Program Supplies CVS PHARMACY Operating Supplies Youth Programs Admin 51 US-Program Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Youth Programs Admin 26 US-Father/Daughter Dance PARTY CITY Operating Supplies Special Events&Trips 15 US-Program Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Youth Programs Admin 12 US-Staff Meeting Refreshments BREADSMITH Miscellaneous Therapeutic Rec Admin 10 US-Staff Meeting Refreshments KOWALSKI'S MARKET Miscellaneous Therapeutic Rec Admin 52 US-Around Town Program Supplie TARGET Operating Supplies AC-Around Town 84 US-Training for Fitness Staff CRUMB GOURMET DELI Training Supplies Fitness Classes 7 US-Cardholder OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 49 US-Batteries for Studios TARGET Operating Supplies Fitness Classes 45 US-Lollipops for Lesson S&S WORLDWIDE Operating Supplies Oak Point Lessons 45 US-Lollipops for Lesson S&S WORLDWIDE Operating Supplies Pool Lessons 1,464 US-Fitness Capital Budget 2011 SWIMOUTLET.COM Capital Under$10,000 Fitness Classes 281 US-Personal Training Equipment POWER SYSTEMS Operating Supplies Fitness Center 118 US-CEC for Fitness NETA Tuition Reimbursement/School Fitness Classes 7 US-Fitness Floor Equipment POWER SYSTEMS Operating Supplies Fitness Center 95 US-Fitness Floor Equipment POWER SYSTEMS Operating Supplies Fitness Center -59 US-Refund NETA Tuition Reimbursement/School Fitness Classes 381 US-Personal Training Equipment POWER SYSTEMS Operating Supplies Fitness Center 295 US-Aquatics Program Equipment SWIMOUTLET.COM Operating Supplies Pool Lessons 178 US-Water Exercise Equipment ADOLPH KIEFER&ASSOCIATES Operating Supplies Fitness Classes 657 US-Batteries for Fitness Studi MEDICBATTERIES.COM Operating Supplies Fitness Classes 11 US-Fraud US BANK Operating Supplies Fitness Center -11 US-Fraud US BANK Operating Supplies Fitness Center 125 US-Training Class ATOM Tuition Reimbursement/School Police 41 US-Targets LAW ENFORCMENT TARGETS INC Training Supplies Police 108 US-Training Equipment ST ACTION PRO Training Supplies Police 1,560 US-Training Conference SOTA Tuition Reimbursement/School Police 496 US-Firearms supplies BROWNELLS INC. Training Supplies Police 28 US-Digital Cities Award Celebr GINA MARIAS INC Miscellaneous IT Operating 280 US-Finger Print Reading AUTHENTEC INC Training Supplies Police 70 US-iPad Case AMAZON.COM Computers IT Operating 402 US-iPad Cases AMAZON.COM Computers IT Operating 52,855 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions March 20, 2012 DEPARTMENT ITEM DESCRIPTION: ITEM NO.: Office of City Manager Inactivate Arts & Culture Commission XI.A. Requested Action Move to: Adopt Resolution inactivating the Ats and Culture Commission and assigning its duties to the Parks, Recreation and Natural Resources Commission. Synopsis This Resolution inactivates the Arts and Culture Commission and transfers its duties to the Parks, Recreation and Natural Resources Commission. City Code § 2.23 Subd. 6 authorizes the City Council by resolution to make a Commission inactive by choosing not to appoint m embers to such Commission. If the Council m akes a Commission inactive it may assign the duties of the inactive Commission to any one of the other Commissions. This Resolution inactivates the Arts and Culture Commission and transfers its duties to the Parks, Recreation and Natural Resources Corn mission. The Council may subsequently by resolution activate an inactive Coivaiiission and thereafter appointmembers pursuant to the process set firth in the City Code. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION DETERMINING NOT TO APPOINT MEMBERS TO THE ARTS AND CULTURE COMMISION,DECLARING THE ARTS AND CULTURE COMMISSION INACTIVE AND ASSIGNING ITS DUTIES TO THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION WHEREAS, pursuant to City Cod Section 2.23, Subd. 6, the Council may by a resolution make a Commission inactive by choos ing not to appoint m embers to such Commission and if the Council makes a Commission inactive it may assign the duties of the inactive Commission to any one of the other Commissions. NOW THEREFORE THE CITY COUNCIL OF THE CITY 0 F EDEN PRAIRIE HEREBY ORDAINS AS FOLLOWS: 1. The City Council determines not to appoint m embers to and hereby declares the Arts and Culture Commission inactive. 2. The City Council hereby further orders th at the duties of the Arts and Culture Commission are transferred to the Park s, Recreation and Natural Resources Commission. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Council Appointment of Chair and Vice-Chair to the XIII.A. Budget Advisory Commission Requested Action Move to: Appoint Jon Muilenburg—Chair and Rick King—Vice-Chair of the Budget Advisory Commission. Synopsis The Chair and Vice-Chair of the Budget Advisory Commission are appointed by the City Council following the appointment of members to the Budget Advisory Commission. The current chair has requested this change before his term expires. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Art Center Donation for Pottery Studio XIV.D.1. Parks and Recreation Supplies from an Anonymous Donor Requested Action Move to: Adopt the resolution accepting the donation in the amount of$750 from an anonymous donor for the purchase of supplies for the Eden Prairie Art Center pottery studio. Synopsis The Art Center facilitates programs for students ages two through adult; in a variety of visual art mediums such as painting, drawing, fiber, pottery, metal jewelry, fused glass and many more. Thanks to the generosity of an anonymous Art Center member and class participant, the City of Eden Prairie will be able to purchase supplies for the pottery studio which will be used for pottery classes,birthday parties and open studio. The donated funds for pottery studio supplies will reduce our supply cost for various pottery programs, including birthday parties, youth classes and adult workshops. Background The pottery studio has eight pottery wheels, including one handicap accessible wheel, an electric kiln and a gas kiln, a pugmill for recycling clay, a slab roller, wedging table and tables for hand building and glazing. Pottery camps and classes have become extremely popular; clay camps have seen significant increases in participation over the past three years. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012-55 RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$750 to be used for the pottery studio programs at the Art Center from an anonymous donor is hereby reco gnized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director March 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Minnesota Recreation and Parks Foundation XIV.D.2. Parks and Recreation New Initiatives Grant for Edible School Yard Requested Action Move to: Adopt resolution accepting the 2012 New Initiatives Grant in the amount of$800 from the Minnesota Recreation and Parks Foundation to fund an Edible School Yard Program. Synopsis In an effort to combat youth obesity, the Eden Prairie Parks and Recreation Department will develop and implement a new program initiative;Eden Prairie's Fit Kids,partnering with a local elementary school to develop Sustainable Gardens. During the spring planting season, when children are still in school, staff will collaborate with teachers and students to assist in the planting of the garden. During the summer months, the City's playground camps will be incorporated to harvest and maintain the garden. The garden will teach the participants about making healthy food choices and build awareness about healthy food sources grown from gardens. In the fall, the school students will be incorporated back into the program, tending the garden and harvesting the vegetables for consumption. Background The City of Eden Prairie has a population of 62,000, with 49% of households having children. The target population for Eden Prairie's Fit Kids program is youth age six to twelve and their families. Over the past three decades, childhood obesity rates in America have tripled, and today, nearly one in three children in America are overweight or obese. The numbers are even higher in African American and Hispanic communities, where nearly 40% of the children are overweight or obese. Eden Prairie has a large immigrant population, with the majority being African- American. Common health problems in this population include hypertension, diabetes, and obesity. In our community, 26% of males and 17% females reported heights and weights that classified them as overweight or obese. Only 15%-20% of students reported eating five servings of fruits or vegetables each day, 47% of females and 65% of males drink at least one soda a day, 25% of Eden Prairie elementary students receive free and reduced priced lunches and 21.7% live in apartments and do not have the ability to garden. Attachments Letter from MRPF Resolution Minnesota RECREATION & PARK FOUNDATION March 8, 2012 Nicole Weedman City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Nicole: Congratulations! On behalf of the Minnesota Recreation and Parks Foundation, you have been chosen as one of the recipients of the 2012 New Initiative Grant! This grant is being provided to fund "Edible School Yard" in the amount of$800. Your check will come separately and should be delivered to you on/before May 1. The Foundation is pleased to have received thirteen (13) applications for this grant cycle. All of the applications were very competitive, and we were fortunate to be able to award four grants with the available funding. There are a few requirements for the grant that we discussed previously: 1. Grant funds must be expended within the current or future fiscal year in which the grant is awarded. 2. Grant funding must be used for the above stated program. If the program does not occur or you do not use the entire grant funding that has been awarded, the balance must be returned to the Foundation. 3. Our goal is to share the success of your program with other Minnesota agencies. Therefore, all grant recipients must: a. Present their program at the 2012 Minnesota Recreation and Park Association Annual Conference as part of a panel presentation. The conference is set for September 18-21 in Brainerd. More details will follow. 4. Grant applicants must be a current member of the Minnesota Recreation & Park Foundation. If you are not a current member, please go online to www.mnrpa.org to register. 5. By signing this agreement, Eden Prairie Parks and Recreation agrees to indemnify and hold harmless the Minnesota Recreation and Parks Foundation from all claims arising from the grant sponsored program. If you agree with these requirements, please sign one copy of this letter and return in the enclosed envelope. Once again, on behalf of the Minnesota Recreation and Parks Foundation, congratulations and best wishes for a successful new program endeavor! Sincerely, Tracy Petersen Foundation Board (p) 651-450-2588 (email) tetersen@invergroveheights.org Accepted by: Date: CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$800 from Minnesota Recreation and Parks Foundation, to be used to fund an Edible School Yard Program, is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- _ RESOLUTION SUPPORTING THE "MAYOR'S CHALLENGE FOR WATER CONSERVATION" WHEREAS, the City of Eden Prairie is committed to increasing energy efficiency, protecting its natural resources and encouraging water conservation; and WHEREAS, the City of Eden Prairie can engage in efforts to inspire its residents to become better environmental stewards; and WHEREAS, the "Wyland Mayor's Water Conservation Challenge," in association with the Wyland Foundation, the U.S. Forest Service,National Oceanic and Atmospheric Administration and Toyota, is a healthy, nonprofit competition for cleaner communities, and a water use and pollution reduction competition between cities; and WHEREAS, residents may register their participation in Eden Prairie's challenge online, by making simple pledges to decrease their water use and to reduce pollution for a period of one year; and WHEREAS, from March 31 to April 30, 2012, the City of Eden Prairie wishes to encourage its residents to take the "Wyland Mayor's Challenge for Water Conservation"pledge online at mywaterpledge.com to reduce their impact on the environment. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie: I. The City of Eden Prairie agrees with and supports the "Mayor's Challenge for Water Conservation." II. The program is to be implemented from March 31 to April 30, 2012, through a series of communication and outreach strategies, whether new or existing, to encourage Eden Prairie residents to take the "Mayor's Water Conservation Challenge." ADOPTED by the Eden Prairie City Council on this 20th day of March 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk