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HomeMy WebLinkAboutCity Council - 09/04/2018 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 4, 2018 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, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, 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 Katie O'Connor Workshop-Heritage Rooms I and H(5:30) I. HOUSING REVIEW AND POLICY Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. TOM JENNINGS— 10125 BUCKINGHAM DRIVE—PRAIRE EAST PARK CONCERNS III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 4, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Kathy Nelson, and Ron Case 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. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. DIRECT SUPPORT PROFESSIONALS RECOGNITION WEEK PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 21, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 21, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF CEDARCREST STABLES C. AUTHORIZE PURCHASE OF 2019 FORD UTILITY INTERCEPTOR SQUAD CAR D. ADOPT RESOLUTION ORDERING REMOVAL OF HAZARDOUS CONDITIONS LOCATED AT 9723 DORSET LANE E. DECLARE OFFICE FURNITURE OBSOLETE CITY COUNCIL AGENDA September 4, 2018 Page 2 IX. PUBLIC HEARINGS /MEETINGS A. LIONS TAP SITE IMPROVEMENTS by Stantec Consulting Services, Inc. Resolution for Guide Plan Amendment guiding to Rural and Neighborhood Commercial; First Reading of an Ordinance for Planned Unit Development District Review with waivers and Zoning District Change to Rural and Highway Commercial on 2.2 acres; Resolution for Preliminary Plat from two lots to one lot and one outlot on 11.69 acres (Resolution for Guide Plan Amendment; Ordinance for PUD District Review with waivers and Zoning District Change; Ordinance for Zoning District Change; Resolution for Preliminary Plat) B. CODE AMENDMENT—CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER(TC)by City of Eden Prairie. First Reading of an Ordinance to amend City Code Chapter 11 for consistency between the TOD and TC Zoning Districts (Ordinance to amend City Code Chapter 11) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Certifying Proposed 2019 Property Tax Levy,Accepting Proposed 2019 budget, Setting Date for Public Hearing, and Consenting and Approving HRA Tax Levy C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL AGENDA September 4, 2018 Page 3 XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: August 31, 2018 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, September 4, 2018 TUESDAY, SEPTEMBER 4, 2018 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. HRA MEETING HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 16, 2018 MOTION: Move to approve the HRA minutes from January 16, 2018. HRA III. ADOPT RESOLUTION TO APPROVE PROPOSED 2019 PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT PROPOSED 2019 BUDGET OF $200,000 MOTION: Move to adopt the resolution to approve the proposed 2019 property tax levy to be $200,00o and accept the proposed 2019 budget of$200,000. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA meeting. ANNOTATED AGENDA September 4, 2018 Page 2 COUNCIL MEETING IV. PROCLAMATIONS / PRESENTATIONS A. DIRECT SUPPORT PROFESSIONALS RECOGNITION WEEK PROCLAMATION Synopsis: Eden Prairie is home to a number of residences and businesses that employ direct support professionals (DSPs). The DSP workforce is well over 3.6 million workers in the United States. DSPs provide a broad range of individualized, essential support all while building close, respectful, and trusted relationships with individuals with disabilities. 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, AUGUST 21, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 21, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-E on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF CEDARCREST STABLES C. AUTHORIZE PURCHASE OF 2019 FORD UTILITY INTERCEPTOR SQUAD CAR D. ADOPT RESOLUTION ORDERING REMOVAL OF HAZARDOUS CONDITIONS LOCATED AT 9723 DORSET LANE E. DECLARE OFFICE FURNITURE OBSOLETE IX. PUBLIC HEARINGS/MEETINGS ANNOTATED AGENDA September 4, 2018 Page 3 A. LIONS TAP SITE IMPROVEMENTS by Stantec Consulting Services, Inc. Resolution for Guide Plan Amendment guiding to Rural and Neighborhood Commercial; First Reading of an Ordinance for Planned Unit Development District Review with waivers and Zoning District Change to Rural and Highway Commercial on 2.2 acres; Resolution for Preliminary Plat from two lots to one lot and one outlot on 11.69 acres (Resolution for Guide Plan Amendment; Ordinance for PUD District Review with waivers and Zoning District Change; Ordinance for Zoning District Change; Resolution for Preliminary Plat) Synopsis: The proposed project includes a number of site improvements on the Lion's Tap property. The property is located at the intersection of Flying Cloud Drive and Spring Road. The restaurant is located on the proposed Lot 1, which is 2.2 acres. The applicant is proposing to plat the undeveloped land north of the restaurant as an outlot. Due to the reconstruction of Flying Cloud Drive and Spring Road, including the realignment of Spring Road to the east, Lion's Tap is proposing to expand and improve their parking lot and add two small vestibules to the building. Access to the site is from Spring Road. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution amending the Guide Plan from Neighborhood Commercial to Rural on .22 acres, and to Neighborhood Commercial on .18 acres; and • Approve the 1 St Reading of the Ordinance for Planned Unit Development District Review with waivers on 2.2 acres and a Zoning District Change from Rural to Highway Commercial on .25 acres, from right-of-way to Highway Commercial on .51 acres, and • Approve the Pt Reading of a Zoning District Change from Highway Commercial to Rural on .18 acres, from right-of-way to Rural on .03 acres; and • Preliminary Plat from two lots into one lot and one outlot on 11.69 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. CODE AMENDMENT—CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER(TC)by City of Eden Prairie. First Reading of an Ordinance to amend City Code Chapter 11 for consistency between the TOD and TC Zoning Districts (Ordinance to amend City Code Chapter 11) Synopsis: The proposed amendments provide consistency between the districts where appropriate. The proposed amendments in the TOD zoning district are primarily housekeeping items, providing more clarity with the current regulations ANNOTATED AGENDA September 4, 2018 Page 4 and include minor modifications to definitions within the code. In the TC zoning district, more substantive amendments are being proposed including the addition of regulations for supplemental analysis or studies that may be required to address traffic impacts, traffic demand management, and parking as deemed necessary. Other proposed amendments to the TC zoning district include the addition of regulations for pedestrian and off-street bicycle facilities standards, and revisions to the landscaping regulations to provide clarity and consistency with the TOD district where appropriate. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance to Amend City Code Section 11.26 and 11.27 to address the TOD and TC zoning district. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUERSTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Certifying Proposed 2019 Property Tax Levy,Accepting Proposed 2019 budget, Setting Date for Public Hearing, and Consenting and Approving HRA Tax Levy Synopsis: Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before October 1, 2018. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final ANNOTATED AGENDA September 4, 2018 Page 5 tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Move to adopt the resolution that: • Certifies the proposed 2019 property tax levy to be $38,278,724; and • Sets December 4, 2018, as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2019 budget of$50,054,720; and • Consents and approves the HRA tax levy of$200,000. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 4, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Members Brad Aho, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, City Planner Julie Klima, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 16, 2018 III. ADOPT RESOLUTION TO APPROVE PROPOSED 2019 PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT PROPOSED 2019 BUDGET OF $200,000 IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JANUARY 16, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair 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, City Planner Julie Klima, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:01 PM. All Council Members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 2, 2018 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the HRA meeting held January 2, 2018. Motion carried 5-0. III. APPROVE THE AMENDED AND RESTATED ELEVATE TAX INCREMENT DEVELOPMENT AGREEMENT Getschow said this is a housekeeping action to amend and restate the Elevate tax increment development agreement to clarify the payment of park dedication fees, to extend the obligation to December 31, 2060, and to add language required by HUD related to subordinate financing for repayments of surplus cash. MOTION: Case moved, seconded by Nelson, to approve the revised Pooled TIF Note and Mortgage, and the revised Park Dedication Note and Mortgage for the Elevate TIF Development Agreement. Motion carried 5-0. IV. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the HRA meeting. Motion carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:03 PM. HOUSING AND REDEVELOPMENT AUTHORITY DATE: AGENDA September 4, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: Office of the City Manager/ Resolution approving the proposed 2019 III. Finance, Sue Kotchevar HRA property tax levy and accepting the proposed 2019 budget Requested Action Move to: Adopt the resolution to approve the proposed 2019 property tax levy to be $200,000 and accept the proposed 2019 budget of$200,000. Synopsis Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by October 1 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is $1,888,778. Attachment Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2018- A RESOLUTION APPROVING THE HRA PROPOSED 2019 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2019 budget and tax levy; and WHEREAS,the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE,BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2019 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 2. Approves the 2019 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on September 4, 2018. Nancy Tyra-Lukens, Chairperson SEAL ATTEST: Rick Getschow, Executive Director ITEM NO. VI. A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,AUGUST 21, 2018 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, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, 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 Katie O'Connor Workshop-Heritage Rooms I and II(5:30) I. SUSTAINABLE EDEN PRAIRIE Public Works Director Ellis introduced Carol Lundgren, Sustainability Specialist, who presented an overview of Sustainable Eden Prairie (EP) goals and progress. Sustainable EP was implemented throughout Departments and Divisions a year ago. It is an ongoing effort focusing on education and implementation of sustainable practices. Lundgren stated the Sustainable EP webpage has had a 34-35 percent increase in website traffic from the last year. City Manager Getschow added since implementation, the City has been promoting Sustainable EP and the webpage. Mayor Tyra-Lukens asked what the difference is between page views and visits. Getschow responded a page view is a visit to a page on a website. A visit is a sequence of consecutive page views without a 30 minute break. Lundgren provided statistics on the reach that each media platform has when information is distributed. The statistics are limited to the viewers that have received the information and does not include how many people the information has been shared with. Tyra-Lukens inquired if there are 11,496 Eden Prairie residents on Nextdoor. Lundgren replied yes. Lundgren stated the Sustainable EP Tour is on its second year. The program is an opportunity for residents to see the projects the City has been working on. There were 32 total participants in 2018 and 25 participants in 2017. Currently, the Sustainable EP Awards nomination period is open through August. Last year the City recognized five award recipients who have made a notable contribution to the community in sustainability. City Council Workshop Minutes August 21, 2018 Page 2 Lundgren stated additional educational materials and classes, specifically those geared towards youth, are located at the Outdoor Center and in the Environmental Learning Center at the Water Treatment Plant(WTP). Tyra-Lukens inquired how many classes and students visit the Water Treatment Plant every year. Lundgren replied in 2018 there have been 31 classes and 886 students that have visited the WTP this year. There have been 26 classes and 186 students that have visited the Outdoor Center classes thus far in 2018. The City started an assistance program for transportation for Eden Prairie Schools to visit the WTP. Lundgren provided an overview of the Energy Action Plan, implemented October 2017. Goals are to reduce energy related greenhouse gas emission below the 2015 base line 30 percent by 2025 and achieve an 80 percent reduction by 2050 and have 75 percent of households participate by 2025. To work towards this goal, the City promotes Home Energy Squad(HES)visits, conducts energy challenges, provides educational materials, and works with Housing and Community Services (HCS) Division to have materials translated. The goal by 2025 is a 25 percent reduction in energy use in the public, nonprofit, and service organizations. The goal is 50 percent of the largest commercial and industrial energy users will participate in programs. Staff are working with HCS, the Conservation Commission (CC), and Building Inspections to help assist in reaching these goals. Tyra-Lukens inquired how many HES visits have been completed. Lundgren replied HES completed 207 visits with an additional 28 scheduled throughout the remainder of the year. Council Member Aho asked what the City's capacity is to provide those visits. Lundgren stated visits typically do not take place for a few months. She is unsure of how many visits they conduct in a day. HES is serving the entire Twin Cities and conducts an energy audit and implements energy saving items. Lundgren presented energy goal progress in comparison to the baseline year 2016. Case inquired if this data relates to the goal of having 75 percent of households participating in these programs by 2025. Lundgren responded yes. Aho inquired if the HES visits are no longer subsidized. Lundgren replied yes. Nelson noted residents that are not represented in the data may also be implementing energy saving practices that we are unaware of Getschow noted HES visits are up drastically in the last two years. The entire program is a little less than halfway to meeting the baseline numbers for participation. Lundgren presented data on the greenhouse gas emissions that have been avoided and the cost savings is $943,386. Facilities has been working with a company for solar installation and subscription on City buildings. There will be a community solar garden at the Community Center. Residents who are Xcel Energy customers will have a chance to subscribe while it is available. Nelson inquired if there will be spots reserved for low-income families. Getschow replied after rulings at the Public Utilities Commission (PUC)the benefit is less than it was for kilowatt hour(kWh) credits. Council does have the ability to designate spots for low-income families. Tyra-Lukens inquired if the delay is only in the subscription City Council Workshop Minutes August 21, 2018 Page 3 program. Getschow replied yes, the solar arrays on City buildings would be built soon after approval but there is a backlog of work for the subscription program. Case asked how many kWhs the solar arrays are anticipated to produce. Getschow responded close to 100 percent of the municipal energy would be renewable. Lundgren stated the City will participate in an off-site solar garden subscription through Xcel Energy as well. It is estimated the solar project will save the City over $100,000 the first year and $4.9 million over the next 25 years. Getschow added these estimates are without any City dollars. Ellis stated the City has reached out to Minnesota Pollution Control Agency(MPCA) about utilizing the landfill site for solar. They have determined this is likely one of the best locations in the state for landfill solar installation. There are still some considerations that would need to be reviewed before the project could start. Outreach with nearby neighbors would need to happen prior to the project moving forward. Aho inquired if MPCA is still are capturing the gas. Ellis replied yes. Lundgren presented additional programs. SolSmart designation is a free US Department of Energy program. They have advisors that help guide the City through the designation program and the installation of solar. The more goals you meet, the higher the designation the City receives. The City currently has eight electric vehicles in our fleet. The City would likely have to wait for costs to decrease before investing more, specifically in duty vehicles. Ellis added in 2020 Ford is expected to release a F150 electric vehicle, which would be ideal for duty vehicles. Aho inquired which vehicles are electric and the cost to maintain. Ellis stated the City has a Prius, a few Volts and several hybrids. Little maintenance is required,but the City has not had the vehicles for long. Replacing the battery would be costly,but the City would trade in at 100,000 miles. Nelson inquired how long they are expected to last. Ellis stated the City has had the vehicles for about three years, but he expects to have them for longer. Lundgren stated Fleets Manager Schlueter is working on a grant for two electric vehicle charging stations at the Community Center. The grant is funded by the Volkswagen Diesel settlement with MPCA. If awarded, they would be installed in spring of 2019. Ellis added this would have a feature to charge for usage to encourage vehicle turn over. Nelson inquired if the pay station includes a time limit. Ellis stated he does not believe it does. Lundgren stated Eden Prairie is a pilot city in Hennepin County's energy benchmarking program. This program provides transparency and creates demand for energy efficiency. Edina and St. Louis Park plan to make this program mandatory for businesses over 25,000 square feet if implemented. Nelson added further discussion needs to be had to encourage 75 percent of businesses to cut their energy usage. Aho added it should not be mandatory, but the City should consider incentives for participation. Ellis added Saint Paul made this program voluntary. Tyra-Lukens stated she would like it to be mandatory for businesses. City Council Workshop Minutes August 21, 2018 Page 4 Lundgren stated the City continues to convert turf grass into native landscaping. Since 2014, 15.5 acres have been converted. Nelson inquired if the City is adding milkweed for monarch butterflies. Lotthammer noted milkweed is present. Ellis noted much of the park land has been converted and the City is considering implementing native landscaping in outlots. Lundgren presented restoration plans for lower Riley Creek Conservation Area. The plan is to stabilize the bank, eliminate and prevent the spread of buckthorn, and provide a new bridge and trail connection. The estimated cost of the project is $1.5 million. Riley Purgatory Bluff Creek Watershed district is the primary funder and Lower Minnesota Watershed District is contributing $150,000. The City is also contributing $150,000 in addition to building a bridge, creating trail connections, and providing 50 percent of the cost of storm sewer improvements. Lundgren stated the recommended residential water usage is 65 gallons per resident per day. Ellis stated upgrading to more efficient appliances is the most practical way to decrease water usage, and Eden Prairie offers rebates. Lundgren provided an overview of the water reuse project at Fire Station 2 and smart irrigation system with sensors at Miller Park fields 9-13. Lundgren presented the countywide waste goals. Most notable, the waste-to-energy has a six percent increase. More waste is being burned than brought to the landfills. Metals are being recycled from the burned waste. Additionally the 2018 Clean-up Day was successful with 175.3 tons recycled. Ellis stated haulers less likely to bid on citywide clean-up days unless it's written in a city hauler contract. This created incentive to have a yard waste drop off site. Nelson inquired when the City plans to have the yard waste drop off site available. Ellis responded it would most likely be open in 2020. Lundgren stated residents are recycling 670 pounds per household. Recycling numbers in Hennepin County are staying stable. The County is looking into requiring organics recycling either via curbside pick-up or creating drop-off sites. Ellis stated the City is looking into making a requirement for residential haulers to offer organics recycling at no additional cost. Nelson added she receives many inquiries if the City would consider providing recycling every week and refuse every other week. Lundgren stated the City is offering residents an opportunity to be involved in Wind Source through Xcel Energy. Residents who register could win an HES visit or a smart thermostat. At the Citywide Open House there will be many resources and representatives available to discuss sustainability topics. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 21, 2018 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. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Council Member Butcher Wickstrom was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF $9,980.04 FROM SAMPSON FAMILY FOR ART CENTER EQUIPMENT (Resolution No. 2018-86) Lotthammer said this is the tenth year of regular donations from the Sampson Family in addition to their original donation of the Art Center property. This year they are donating $9,980.04 for more equipment at the Art Center. Tyra-Lukens thanked the Sampson Family for their support over the past ten years. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2018-86 accepting the donation in the amount of$9,980.04 from the Sampson Family to go toward Art Center equipment. Motion carried 4-0. B. ACCEPT CONTRIBUTION OF $23,575 FROM SOUTHWEST METRO PICKLEBALL CLUB FOR STARING LAKE PARK PICKLEBALL COURTS (Resolution No. 2018-87) CITY COUNCIL MINUTES August 21, 2018 Page 2 Lotthammer said the Southwest Metro Pickleball Association(SMPA)pledged$47,150 to assist in the cost of the pickleball courts that were a part of the Staring Lake Court Improvement Project. The courts are finished and have received many positive reviews. This contribution is in the amount of$23,575 and is the first half of their pledged contribution. He said the SMPA will host a grand opening event at the new courts on August 29, 2018, at 5:30 p.m. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2018-87 accepting the donation of$23,575 from Southwest Metro Pickleball Club to go towards Staring Lake Park Pickleball Courts. Motion carried 4-0. C. ACCEPT DONATION OF $1,700 FOR HOMETOWN CELEBRATION (Resolution No. 2018-88) Lotthammer said this is a donation of$1,700 from three donors towards the Hometown Celebration on July 3 and 4. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2018-88 accepting the donation of$1,700 from various donors to go towards the Hometown Celebration. Motion carried 4-0. D. ACCEPT DONATION OF $5,000 FOR SAFETY CAMP (Resolution No. 2018-89) Lotthammer said this is a donation of$5,000 from the Eden Prairie Crime Fund to be used for the Safety Camp. The donation was given to the Crime Fund by Comcast. Motion carried 4-0. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2018-89 accepting the donation of$5,000 from the Eden Prairie Crime Fund that was donated from Comcast to go towards Safety Camp. Motion carried 4-0. E. ACCEPT DONATION OF $2,500 FROM CHANHASSEN AMERICAN LEGION POST #580 FOR SENIOR CENTER PROGRAMMING AND WOODSHOP EQUIPMENT (Resolution No. 2018-90) Lotthammer said American Legion Post#580 is donating $2,500 to go towards veterans and senior programs and woodshop safety and equipment needs at the Senior Center. He noted we promote use of the woodshop by any adult in the community and provide safety training for using the equipment. Tyra-Lukens asked if there is information on the website regarding use of the woodshop and hours of operation. Lotthammer replied there is information on the website under the Senior Center section, and it is publicized in the newsletter. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2018-90 accepting the donation of$2,500 from American Legion Post#580 to go towards veterans and CITY COUNCIL MINUTES August 21, 2018 Page 3 senior programs and woodshop safety and equipment needs at the Senior Center. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Items XIV.A.1.,A.2., and A.3. MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 17, 2018 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, July 17, 2018, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 17, 2018 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, July 17, 2018. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSION VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CULVERS by Epic, LLC. Second Reading of Ordinance 15-2018-PUD-5-2018 for PUD District Review with waivers on 13.02 acres; Resolution 2018-91 for Site Plan Review on 13.02 acres; Development Agreement. (Ordinance No. 15-2018-PUD-5- 2018 for PUD District Review with waivers; Resolution No. 2018-91 for Site Plan Review) C. PIZZA LUCE by Pizza Luce, Second Reading of Ordinance 16-2018-PUD-6-2018 for Planned Unit District Review on 2.12 acres; Resolution 2018-92 for Site Plan Review on 2.12 acres; Development Agreement. (Ordinance No. 16-2018-PUD-6-2018 for PUD District Review; Resolution No. 2018-92 for Site Plan Review) D. APPROVE SECOND READING OF ORDINANCE NO. 17-2018 AMENDING CITY CODE SECTION 5.37, RELATING TO PEDDLERS, SOLICITORS,AND TRANSIENT MERCHANTS AND ADOPT RESOLUTION NO. 2018-93 APPROVING SUMMARY ORDINANCE E. ADOPT RESOLUTION NO. 2018-94 APPROVING FINAL PLAT OF PRAIRIE VIEW CENTER 3RD ADDITION CITY COUNCIL MINUTES August 21, 2018 Page 4 F. ADOPT RESOLUTION NO. 2018-95 APPROVING FIRST AMENDMENT TO LICENSE AGREEMENT FOR DELL ROAD WATER TOWER G. ADOPT RESOLUTION NO. 2018-96 SUPPORTING CITY'S LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) GRANT APPLICATION FOR TRAIL POINTE RIDGE/SMITH VILLAGE H. AUTHORIZE LEASE AT EDEN PRAIRIE COMMUNITY CENTER FOR HIGH SCHOOL GIRLS HOCKEY COACHES ROOM I. DECLARE OBSOLETE ELECTRONIC EQUIPMENT AS SURPLUS PROPERTY J. APPROVE SUBORDINATE FUNDING AGREEMENT NO. 10 CHANGE ORDERS FOR SWLRT PROJECT K. APPROVE ACQUISITION OF PARCEL 24 FOR PRESERVE BOULEVARD PROJECT L. APPROVE ACQUISITION OF PARCEL 35 FOR EDEN PRAIRIE ROAD PROJECT M. APPROVE AGREEMENT AMENDMENT WITH SRF CONSULTING GROUP FOR FINAL DESIGN SERVICES FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT N. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR ROADWAY WORK QUIET ZONE DESIGN O. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR RAIL WORK QUIET ZONE DESIGN P. APPROVE SITE LEASE AND AGREEMENT WITH STANDARD SOLAR, INC FOR CONSTRUCTION OF SOLAR PANEL ARRAYS MOTION: Nelson moved, seconded by Case, to approve Items A-P on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. ABRA AUTO BODY& GLASS by Oppidan, Inc. Resolution 2018-97 for Guide Plan change from Community Commercial to Industrial on 2.98 acres; First Reading on an Ordinance for Zoning District Change from C-COM to I-2 on 2.98 acres; Resolution 2018-98 for Preliminary Plat on 2.98 acres. (Resolution No. 2018-97 for Guide Plan Change; Resolution No. 2018-98 for Preliminary Plat) CITY COUNCIL MINUTES August 21, 2018 Page 5 Getschow said the proposed project is for the construction of an approximate 18,000 square foot Abra Auto Body building. The proposal includes removing the existing structures and redeveloping the site for the proposed use. The proposed site plan complies with all City Code requirements including building materials, architecture, parking lot design and parking stall count. The applicant is requesting that the property be reguided to Industrial. Prior to 2004, the subject property was guided and zoned for industrial use. In 2004, a request to reguide and rezone the properties for commercial uses was approved. Since that time, two commercial development proposals have been approved by the City but neither have been constructed. Both staff and the Planning Commission support the request to revert the guiding and zoning back to Industrial. Jim Hornecker, representing Oppidan Investment Corp., gave a PowerPoint presentation reviewing the project. He showed the site and floor plans for the facility which will include a security fence and two access points to the site. His company worked with staff to develop the plans for the project. Aho asked what kind of fence will be installed. Mr. Hornecker replied it will be a seven-foot high, vinyl, low-maintenance privacy fence. Mr Hornecker reviewed the sustainability features of the project which included pervious surfaces, LED lighting in the parking area and inside the building, stormwater treatment on site for a two-year storm event, bike racks, and use of native plant landscaping. They expect to employ 12-20 employees. Nelson asked why they want to change the zoning from Commercial to Industrial. Mr. Hornecker said Industrial zoning helps with the use they plan. Nelson asked if they will keep the other Abra facility in town. Mr. Hornecker said they will eventually move all of the business to the new site. Case said he would like to visualize the streetscape on the sides of the building and asked if they have any photos. He commented the north elevation faces the nearby neighborhood. Mr. Hornecker showed drawings of the building elevations that included the fencing and noted there will be no doors on the north side of the building. Case asked if there is any concern about plant growth in the rainwater gardens during dry months and if they are aware of the long-term commitment to keep up the gardens. Mr. Hornecker replied they are aware of the necessary upkeep. Case asked if the stormwater capacity is only for this site or also for the lot to the south. Mr. Hornecker replied there is a grade change between the two. Aho asked how the air from the spray booths is treated. Mr. Hornecker replied he did not know the exact specifications; however, the booths are enclosed and there are some air connections with filters to protect the air. Aho noted he liked the design. Nelson asked if this site could be opened up as full industrial if the zoning is changed to Light Industrial and then the proponent leaves the site. Jeremiah replied our updated CITY COUNCIL MINUTES August 21, 2018 Page 6 Comprehensive Plan will guide this site as Flex Service, which would be the same as the area at Martin Drive. We anticipate a new ordinance will be developed to go with this new zoning category. Staff realized we needed a type of zoning to accommodate auto-oriented and certain other uses and will do that by using the Flex Service zoning. She would see this as a fit under both the current light industrial zoning as well as the future Flex Service zoning. She noted staff worked with the proponent to encourage building on this site rather than near Aztec Drive, which is a more sensitive area. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2018-97 for Guide Plan Change from Community Commercial to Industrial on 2.98 acres; to approve 1st reading of the ordinance for Zoning District change from C-COM to I2 on 2.98 acres; to adopt Resolution No. 2018-98 for Preliminary Plat of 3 lots into one lot on 2.98 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Case, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Stop Sign on Dell Road—Council Member Case Case said in the course of walking around the City recently he noted some issues that have larger implications. His first concern has to do with the stop sign south of Highway 5 on Dell Road. Several neighbors told him cars blow through the stop sign on a regular basis and asked if the City could install a blinking lighted stop sign at that corner. He thought that location might be a good place to try that style stop sign. 2. Bees and the Above Ground Pool Near Village Woods Drive—Council Member Case CITY COUNCIL MINUTES August 21, 2018 Page 7 Case said when the Council passed an ordinance allowing bees to be raised in our City, we knew there would be inadvertent consequences. He did not know if we had ever talked about what we would do if allowing bees brought negative consequences, and this particular situation is a large negative consequence. The closest beehives to the pool are at the nearby farm a couple of hundred yards away. The large number of bees being attracted to the pool makes it extremely difficult to use the pool Tyra-Lukens asked what would trigger a reassessment of the situation. Case said he would like to determine what other cities have done when faced with a similar situation. He didn't want one individual's freedom to be a detriment to a neighbor, and he wanted the Council to think about what would happen if we were able to track the bees to a particular location. He asked staff to check with other cities to see what they do in such cases. Nelson said she believed there should be some recourse in such situations. 3. City-Owned Outlot Near Village Woods Drive—Council Member Case Case pointed out it would have been a great opportunity to cut some branches off to open up the path through the outlot when City staff was cleaning up there recently. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Authorize Contract with Blackstone Contractors., LLC for Minnesota River Vista Project Lotthammer said this is a request to approve a contract for the construction of the Minnesota River Vista project to add a wayside viewing area overlooking the Minnesota River Valley. He noted there is a lot of history around this project, and several of our City commissions and the City Council have been discussing the project for quite some time. He gave a PowerPoint presentation about the project. He noted the plans include honoring the history of Lookout Park Wayside, which is located just to the east of this project and is currently owned by the Metropolitan Airport Commission(MAC). The project will include information about the old wayside park with interpretive signs at the new location. Some of the existing stones at the old wayside park will be incorporated into the new site. The new location is at the end of Charlson Road, and the new trail will connect from Charlson Road through the culvert under Flying Cloud Drive. There will be interpretive signs centering around three themes: the history, the environment and the location. Naturalists from the U.S. CITY COUNCIL MINUTES August 21, 2018 Page 8 Fish &Wildlife staff will help with the interpretive signs. The Parks Commission and the Heritage Preservation Commission have provided input for the design of the project. Lotthammer reviewed the bid results. There is an alternate to the bids to add about$16,500 for decorative concrete and anti-graffiti coating which staff strongly recommends be included. He noted the low bid of$346,112.50 includes the alternate and was lower than their original estimate of$406,690. Staff has worked with Blackstone Contractors before. If approved, construction could begin this month,with substantial completion by November 2018. The interpretive panels would be installed in April/May of 2019, with a grand opening in June, 2019. Nelson asked if there is parking at this site or if it is bike or pedestrian access only. Lotthammer replied there is no parking possible at the location itself. The closest parking would be on Charlson Road. Visitors could then take the trail through the culvert to the overlook. Case asked if staff is working directly with any historical group that would be advising in terms of some of the special American history at this location. He noted there was a sign at the old wayside honoring the site as the last battle between the Ojibway and the Dakota. Lotthammer replied there is a small overlook at Hennepin Village that addresses that battle. He noted staff worked with the State Historic Preservation Office (SH1PO) early on in the project. Case asked if SHIPO has signed off on the project. Lotthammer replied they have, as well as the MAC. Case suggested it would be good to duplicate the sign from the old wayside. Case said this would also be an opportunity to talk about the glacier river history. Lotthammer responded such a sign would be up to the Fish & Wildlife experts. Each of the three themes for the interpretive signs would involve the expertise of a different group. Case noted he would like to include the alternate in the contract. MOTION: Case moved, seconded by Aho, to accept bids and award the contract for the MN River Vista Site Improvements Project to Blackstone Contractors, LLC in the amount of$346,112.50. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIE H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES August 21, 2018 Page 9 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:48 p.m. CITY COUNCIL AGENDA DATE: SECTION: Proclamations/Presentations September 4, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Mayor Nancy Tyra-Lukens Direct Support Professional (DSP) IV.A. Recognition Week Proclamation Requested Action No formal action requested. The Mayor will read the proclamation. Synopsis Eden Prairie is home to a number of residences and businesses that employ direct support professionals (DSPs). The direct service workfoce is well over 3.6 million workers in the United States. DSPs provide a broad range of individualized, essential support all while building close, respectful, and trusted relationships with individuals with disabilities. Attachment Proclamation ITEM NO.: IV.A. ' is reclamation City of Eden Prairie Hennepin County, Minnesota WHEREAS, direct support professionals are the primary providers of publicly-funded, long- term support services for millions of individuals with disabilities; and WHEREAS, direct support professionals must build close, respectful, and trusted relationships with individuals with disabilities because they assist them with their most intimate needs; and WHEREAS, direct support professionals provide essential support that helps individuals with disabilities stay connected to family,friends and the community, while living life to its fullest; and WHEREAS, direct support professionals provide a broad range of individualized supports, including meal preparation, medication assistance, bathing, dressing, mobility, and other daily tasks; and WHEREAS, an adequate workforce of high-quality direct support professionals is necessary for the state to meet obligations to people with disabilities and minimize more costly settings, such as hospitalization or institutional care; and WHEREAS, direct support professional is one of the fastest growing positions in America in terms of demand, and yet low wages and demographic trends are creating a growing shortage of direct support professionals, leading to burnout and increased turnover; and WHEREAS, public officials have a key role to play in building awareness around, advocating for, and addressing the issues facing this publicly-funded workforce. NOW,THEREFORE, BE IT RESOLVED, to honor and support the important work of direct support professionals in our community, the week of September 9-15, 2018 in the City of Eden Prairie will be proclaimed DIRECT SUPPORT PROFESSIONAL (DSP) RECOGNITION WEEK ADOPTED by the Eden Prairie City Council on September 4, 2018. Nancy Tyra-Lukens, Mayor CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 4, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List VIII.A. Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: The Preserve Association Event: Fall Wine Tasting Date: October 26, 2018 Place: Preserve Community Center 1221 Anderson Lakes Parkway Temporary Liquor Organization: Church of Pax Christi Event: Wine, Women& Saints Date: October 12, 2018 Place: Pax Christi Social Hall 12100 Pioneer Trail Therapeutic Massage Enterprise Hang Thuy Khuu DBA: Pain Relief Massage 6542 Regency Lane#102 Massage Therapist Hang Thuy Khuu Pain Relief Massage 6542 Regency Lane#102 Anette Marlene Elizabeth Coleman Salon Concepts 8030 Glen Lane - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 4, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: Randy L. Slick Final Plat of Cedarcrest Stables VIII.B. Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Cedarcrest Stables. This proposal is for the plat located at 16870 Cedarcrest Drive. The plat consists of 10.65 acres to be platted into seventeen single family lots, one outlot and right of way dedication for street purposes. Background Information The preliminary plat and second reading of the Rezoning Ordinance and final approval was approved by City Council on April 18, 2017. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,360.00 • Receipt of street lighting fee in the amount of$1,635.00 • Prior to release of the final plat, Developer shall convey drainage and utility easements to the City of Eden Prairie in the locations depicted on the plat. • Prior to release of the final plat, the deferred assessments shall be paid in full. The adjusted amount for the payoff of the deferred assessments is $52,107.46. • Prior to the release of the final plat, Developer shall submit a 1"=200' scale reduction of the final plat. • Satisfaction of bonding requirements for the installation of public improvements. • Developer shall submit a permit fee of five percent of the construction value of the public improvements prior to the release of the final plat. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF CEDARCREST STABLES WHEREAS, the plat of Cedarcrest Stables has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Cedarcrest Stable is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 4, 2018. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on September 4, 2018. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CEDARCRES T S TABLES C.R. DOC. NO. / <jc.. csnac m_ ' •°rp1"'� MOow59'4-•BE298 - m_ .sea ,? lxier F .65 1 ahc ___ sew lX r'-- / mzcx s.1/ or y/ / t` • OTA$ / / • PJ • / / • l • -- HT Tete, - ....e a enure.. -,f d�'J �aC /r ._ \ wrxts;'coeimr '� 4'/, I sob snt.T NU, ss ;----- mo'nserc Mrs e /p 2 i 8" ,w.ss :p �9� �� . I C` ,g.: Y C] , f o : 1+ I ) j nowt mdrs '.(j `mil �'e�e5 x <f 1 1 v l t ,s-ve„w.a a uwn uswvr I 8 n J 1 ^iv l 2 6^ oe ¢ onurvT VI - 'L-- J • eel ilD \ .w. 1 ------ _ 1RT1 a .8 ,-N .1 a no `v Jo o R. sop,..1 xsro g e 6 a\,. 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I cq4J II 1 I V IL., 4 5 I / I I I 1 ib 1t 5' IN I ...,,c od Utar&rmemants ae shawl thus I Dre oast lbe of the Saathw at Door.of I I \ Sect.14 Town.,Irq Donao 11 h I I ma..to boor Ii 00e59"44'M. 5.1* +I-5 o Deno.t/7•ch by Id A.Aral\visa sot _ and marl.by Lbman.SJOn I I 1 a 1111 . • Datum,feand bra.maned as eoe..� --I____J L.__._1____._. (No Scab) I \y Bel,5 feet A width unless othennse ndRntN• and edpiam/ils lot I•on.o 10 fet i,width and 40 0 40 90 Inl *0..0 rlp.t-of-war lAee as show,on the Dbl. U�\ Scde A .Ia.k -If.NOPIRLIZY COWER Or Sc.,I•ch=b/t o\ ;feast Tell snm, amulet-crMAC Prl P PC �, �, Westwood Professional Services,Inc swot 3 of 3.nevb CITY COUNCIL AGENDA DATE: September 4, 2018 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Authorize Purchase of a New 2019 Ford Paul Schlueter/Fleet Services Utility Interceptor Squad Car VIII.C. Requested Action Move to: Authorize purchase of a new 2019 Ford Utility Interceptor squad car for a cost of$28,521.67. Synopsis Fleet Services has begun vehicle replacement evaluations for 2019 and one of the vehicles that Fleet is recommending to replace is a high mileage Ford Utility squad car. Due to the very early factory order cutoff date of September 21, 2018 for the Ford Utility Interceptor, Fleet Services is requesting authorization to order this replacement vehicle at this time. Production lead times for these Ford Utilities have been extended and we would not see delivery of this vehicle until after January 1st of 2019. Funds for this purchase are included in the 2019 Fleet Capital Internal Service Fund budget and funds are currently available for this purchase. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This new squad car will be purchased using the State of Minnesota CPV program. Attachment None CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 4, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department Resolution Ordering the Removal of VIII.D. Anthony Svoboda, Fire Inspector Hazardous Conditions at 9723 Dorset Lane, Eden Prairie, Minnesota Requested Action Move to: Adopt a Resolution Ordering the Removal of Hazardous Conditions at 9723 Dorset Lane, Eden Prairie, Minnesota Synopsis The Fire Prevention Bureau has attempted to mitigate a fire and life safety hazard inside the home of Sharon Marie Francis who resides at 9723 Dorset Lane, in Eden Prairie. The purpose of the inspections and mitigation efforts were in attempt to reduce at high content load (high content is a description of the accumulation of a hoard or hoarder)that was placed on the building. The goal of our efforts was to reduce the risk of fire and increase the likelihood of life safety. The Bureau has been working with Ms. Francis for almost two years. In that period, Ms. Francis has been mostly uncooperative with representatives from the Fire, Police, and the Building Officials Departments. Over the course of time, the fire department has served two warrants on Ms. Francis to gain access into her home. The purpose of such was to gain information and provide options to assist Ms. Francis in cleanup efforts. All suggestions and corrective orders written have been ignored. Fire and life safety are the primary goals of the fire prevention bureau. Ms. Francis's home poses an extreme danger on herself and her neighbors who share a four-plex type building. Attachment Resolution with attached Exhibit A FIRE PREVENTION BUREAU I August 27, 2018 EDEN PRAIRIE L a•WORK•i)RE M Of=C 952 949 E1399 Honorable Mayor and City Council, Fax 952 sag 8390 Tdd 952 949 8399 The Fire Prevention Bureau has attempted to mitigate a fire and life safety hazard inside the home of $a$p mpral 9�i Rd Eden Prairie,MN Sharon Marie Francis who resides at 9723 Dorset Lane, in Eden Prairie. The purpose of the inspections 55344-4485 and mitigation efforts were in attempt to reduce at high-content load (high content is a description of the edenprairio.org accumulation of a hoard or hoarder) that was placed on the building. The goal of our efforts was to reduce the risk of fire and increase the likelihood of life safety. The Bureau has been working with Ms. Francis for almost two years. In that period, Ms. Francis has been mostly uncooperative with representatives from the Fire, Police, and the Building Officials Departments. Over the course of time, the fire department has served two warrants on Ms. Francis to gain access into her home. The purpose of such was to gain information and provide options to assist Ms. Francis in cleanup efforts. All suggestions and corrective orders written have been ignored. Fire and life safety are the primary goals of the fire prevention bureau. Ms. Francis's home poses an extreme danger on herself and her neighbors who share a four-plex type building. Thank you, Anthony Svoboda, Fire Inspector City of Eden Prairie Fire Department 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8497 I asvoboda@edenprairie.org "Duty—Honor—Courage" CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018-100 A RESOLUTION ORDERING THE REMOVAL OF HAZARDOUS CONDITIONS LOCATED AT 9723 DORSET LANE, EDEN PRAIRIE, MINNESOTA Pursuant to Minn. Stat. §§ 463.15 and 463.261, the City Council of Eden Prairie finds the residence located at 9723 Dorset Lane,Eden Prairie,Minnesota(the"Residence")to be a hazardous property for the following reasons: 1. Sharon Marie Francis is the record owner and occupant of the Residence. 2. The Residence contains an excessive amount of combustible items, including cardboard boxes, paper grocery bags, miscellaneous household items, and other combustible material covering the floor and stacked several feet high in areas. 3. The Residence is a two-story townhome unit that shares a common wall with another unit. 4. The excess items prevent the rooms of the Residence from functioning as they are designed. 5. The excess items will pose a navigation hazard should emergency responders be called to the Residence. 6. The condition of the Residence constitutes a fire hazard to the Residence and to the adjoining unit. 7. The Residence was inspected multiple times between March 13, 2017 and August 1, 2018. 8. Sharon Francis has failed to comply with orders to clean up the Residence. 9. The conditions in the Residence and the Fire Department's attempts to secure voluntary removal of the excess items are more fully documented in the Affidavit of Fire Inspector Anthony Svoboda dated August 28, 2018, a copy of which is attached to this resolution as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA,AS FOLLOWS: 1. That pursuant to the foregoing findings and in accordance with Minn. Stat. §§ 463.15 and 463.261,the council orders Sharon Marie Francis to make the following corrections on the property at 9723 Dorset Lane, Eden Prairie, Minnesota: a. Removal of all combustible items and other items in the Residence that pose a fire hazard, to the satisfaction of the Eden Prairie Fire Inspector. 2. That the corrections listed above must be completed within thirty(30) days after the order is served upon the property owner. 3. That a motion for summary enforcement of the order will be made to the District Court of Hennepin County in which the hazardous building or property is situated unless corrective action is taken, or unless an answer is filed within the time specified in Minn. Stat. § 463.18, which is 20 days. 4. That if the city must take actions to enforce this order, all enforcement costs will be specially assessed against the property and collected in accordance with Minn. Stat. §§ 463.22, 463.21, and 463.161. 5. That the city attorney is authorized to serve this order upon Sharon Marie Francis and all lien-holders of record. 6. That the city attorney is authorized to proceed with the enforcement of this order as provided in Minn. Stat. §§ 463.15 and 463.261. ADOPTED by the City Council of the City of Eden Prairie on September 4, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A AFFIDAVIT OF ANTHONY SVOBODA STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Anthony Svoboda, being first duly sworn under oath, hereby states as follows: 1. I am the Fire Inspector for the City of Eden Prairie and I make this Affidavit based upon my own information and knowledge. 2. In December 2016, I received a report from the Eden Prairie Police Department regarding the condition of a townhome residence located at 9723 Dorset Lane, Eden Prairie, MN 55347 (the "Residence"). 3. The record owner of the Residence is Sharon Marie Francis. 4. The Police Department informed me that, on December 13, 2016, officers were dispatched to the Residence on the report of a medical emergency. While officers were in the Residence, they observed cardboard boxes, paper grocery bags and miscellaneous household items covering the floor. The boxes and miscellaneous household items were stacked several feet high in areas and covered much of the floor creating a navigation hazard. 5. Pursuant to an administrative search warrant, I inspected the residence on March 13, 2017 and determined that the excess items in the Residence constituted a violation of the Minnesota State Fire Code ("Fire Code"). 6. After the March 13, 2017 inspection, I issued a written order to Ms. Francis to begin removal of the excess items so that each room could function as designed. 7. Between April 2017 and November 2017, I inspected the Residence multiple times and sent Ms. Francis several letters in an attempt to secure her voluntary cooperation with the order to remove the excess items. 8. Despite initial cooperation, Ms. Francis has failed to remove the excess items from the Residence such that the conditions in the Residence no longer constitute a fire hazard. 9. I inspected the Residence most recently on August 1, 2018, and observed that the excess items had not been removed and that the condition of the Residence still violates the Fire Code. 1 10. True and correct copies of all of my written orders and correspondence to Ms. Francis are attached hereto as Exhibit 1. 11. Ms. Francis has repeatedly refused to comply with orders to remove excess items from the Residence. 12. In my professional opinion, the excess items in the Residence constitute a hazardous condition such that the Residence is a hazard to public safety. 13. In its current state, the Residence is a hazardous property. FURTHER AFFIANT SAYETH NOT. Dated: -- S --,a0! 3 Ass' Sua,104 ett Anthony Siboda ibed and orn to b fore me this day of , 2018. tl r otary Pub c ',.'wb,*\ WENDY W. SCHMITZ 't NOTARYPUBLIC-MINNESOTA t`�r, My Commission Expires M ',',,p,% January 31,2020 0 `.• 'V — -9r yyr "yr W w v-.r ra- A 2 Exhibit 1 3 WA 3 r rzecE EDEN PRAIRIE FIRE DEPARTMENT iR ' y n,F Iz , ::EDEN A.SVOBODA—FIRE INSPECTOR Office:952-949-8497 EDEN #01 PNa�61E asvoboda@edenprairie.org After Hours:952-949-6200 P--- EDEN nalI11E FIRE INSPECTION REPORT I -� ' PRAIRIE DATE 3` $ 3- O ( ! PERMIT# §/'sF'/ LIVE•WORK•DREAM INSPECTION FOR 1174441—C.0 1?(7)-?`- OFC 952 949 8300 FAX 952 949 8390 ADDRESS ` i 7c--3 Dory C-4 LA) TOD 952 949 8399 8080 Mitchell Rd CONTRACTOR/OWNER .3r et ro ri Q. n 6 1,5 i Eden Prairie,MN 55344-4485 I have conducted the fire inspection at this address as listed above.Corrections shall be made as listed below I edenprairie.org before proceeding with any work that would cover up or effect the listed corrections.You shall call for a re-inspection before listed corrections have been covered up. COMMENTS: i [ , e Eat:f-, Y 00 ry--, , I 1(? , NJ-ea J - � Y i E€ : Tr-; I A ? % () C e to S - 1n : 3 D E You may be in violation of City Ordinance and/or MN State Fire Code if you do not call for the proper inspections and make corrections as called for. INSPECTOR: PThaiVlflA t1 ��{a/ White Copy:Contractor/Owne L Yellow Copy:EPFD 6utr l0,61-y 84- c r"e - c��- OFFICE OF FIRE PREVENTION I April 18,2017 Sharon Francis Owner/Occupant 9723 Dorset Lane Eden Prairie, MN 55347 Ms. Francis, The intent of this letter is to notify you of an upcoming fire and life safety inspection of your home. As you are aware, you were given written orders by the Eden Prairie Fire Department to comply with the Minnesota State Fire Code in reference to the excessive storage of combustible material inside of your home. Specifically you were required to complete the following: - Begin cleanup of combustible material - Each room should function as designed - Progress inspection will occur in 30 days The next inspection will occur on Wednesday April 26, 2017 at 10:00am. I will conduct the inspection with the assistance of Lee Ann Eiden and Officer Stroner(EPPD). At that time I will be looking for notable progress in the clean out process. Such progress shall include but is not limited to: - Visible progress in the movement of material - Visible difference in the amount of material - Visible clearance of cooking and eating places - Working smoke alarms (will be tested) All of the above criteria will be necessary for you pass the inspection. If the criteria are not met further action will be enforced. This will include increased legal action and the potential for a forced cleanup to which you will have no control. Thank you, Anthony Svoboda, Fire Inspector City of Eden Prairie Fire Department 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8497 I asvoboda@edenprairie.org "Duty—Honor—Courage" OFFICE OF FIRE PREVENTION I April 26, 2017 Sharon Francis 9723 Dorset Ln Eden Prairie, MN 55347 Ms. Francis Thank you for allowing back into your home to perform an inspection on Wednesday April 26, 2017. Your cooperation during the mitigation process has been appreciated. I wanted to follow up with you in writing regarding some of the thigs that took place during my visit as well as what will be expected during my next inspection. During my visit on the 26th I was able to see visible progress in your cleanup and organization efforts. A walkable path was made through your living room and you were able to sit in your corner chair. One of the most important things that I was looking for were working smoke alarms. I checked your alarm and it was not working. Because of such, I installed two working smoke alarms and a carbon monoxide alarm.There will be no charge incurred for those units. As we continue with this process I am going to make several additional inspection visits to ensure you are continuing down the right path. My next inspection visit will occur on Wednesday May, 31st 2017 at 10:00. This is just over 30 days from the last inspection. At that time I will be looking for additional progress to have been made. I encourage you to focus on the kitchen and eating areas. Cooking fires remain the leading cause of fires in Minnesota and have proven to be deadly. I wish for you to remain safe in your home. Again,thank you for being willing to work with the Fire Department on this process, Anthony Svoboda, Fire Inspector City of Eden Prairie Fire Department 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8497 I asvoboda@edenprairie.org "Duty—Honor— Courage" OFFICE OF FIRE PREVENTION I May 31, 2017 Sharon Francis 9723 Dorset Ln Eden Prairie, MN 55347 Ms. Francis Thank you for allowing me back into your home to perform an inspection on Wednesday May 31, 2017. Your cooperation during the mitigation process has been appreciated. I wanted to follow up with you in writing regarding some of the things that took place during my visit as well as what will be expected during my next inspection. During my visit on the 31st I was able to see visible progress in your cleanup and organization efforts. You are continuing to make good progress in organizing your things. As we continue with this process I am going to make several additional inspection visits to ensure you are continuing down the right path. My next inspection visit will occur on Wednesday June 28, 2017 at 10:00am. This is just under 30 days from the last inspection. At that time I will be looking for additional progress to have been made. I encourage you to continue to focus on the kitchen and eating areas. I would also like to see that both sets of stairs and your entry way landing are clear of material. Again,thank you for being willing to work with the Fire Department on this process. Thank you, Anthony Svoboda, Fire Inspector City of Eden Prairie Fire Department 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8497 I asvoboda@ edenprairie.org OFFICE OF FIRE PREVENTION I July 5, 2017 Sharon Francis 9723 Dorset Ln Eden Prairie,MN 55347 Ms. Francis Thank you for allowing me back into your home to perform an inspection on Wednesday May 31, 2017. Your cooperation during the mitigation process has been appreciated. I wanted to follow up with you in writing regarding some of the things that took place during my visit as well as what will be expected during my next inspection. During my visit on the 31st I was able to see visible progress in your cleanup and organization efforts. You are continuing to make good progress in organizing your things. As we continue with this process I am going to make several additional inspection visits to ensure you are continuing down the right path.My next inspection visit will occur on Wednesday July, 2017 at 2:00pm. This is just over 30 days from the last inspection. At that time I will be looking for additional progress to have been made. I encourage you to continue to focus on the kitchen and eating areas. I would also like to see that both sets of stairs and your entry way landing are clear of material. Again,thank you for being willing to work with the Fire Department on this process. Thank you, Anthony Svoboda, Fire Inspector City of Eden Prairie Fire Department 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8497 I asvoboda@edenprairie.org OFFICE OF FIRE PREVENTION I July 19, 2017 Sharon Francis 9723 Dorset Lane Eden Prairie, MN 55347 Ms. Francis, Thank you for allowing me into your home on Wednesday, July 19, 2017, to perform a follow up inspection. The focus of the inspection was to determine whether or not progress had been made in your clean-up process. Unfortunately, as you and I discussed in person,no visible progress has been made since my initial follow up inspection several months ago. Each time you and I have met I have given you information regarding the steps that could be taken in the event that you failed to comply with my written orders. You were given new written orders today to comply with the Minnesota State Fire Code. Those orders were provided in a hand written form and are included with this letter as formal Fire Code Violations.You have been given formal orders to comply with the following orders: 1. Contract with a clean-out service and provide proof of scheduling within two weeks of this letters date. Or 2. The Fire Department will resort back to the legal process and obtain a judge's approval to forcefully remove an appropriate amount of material from your home. A follow up inspection will occur on Wednesday August 2, 2017 at 2:00pm. At that time I will be looking for the documentation of scheduled services. Thank you, Anthony Svoboda, Fire Inspector City of Eden Prairie Fire Department 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8497 I asvoboda@edenprairie.org "Duty—Honor— Courage" OFFICE OF FIRE PREVENTION I August 2, 2017 Sharon Francis 9723 Dorset Lane Eden Prairie,MN Ms. Francis, I apologize that I could not be present for yesterdays (August 1,2017) inspection.I was busy fighting a fire in a local business. Per my last written orders you were required to provide me with a copy of a signed contract of services for cleanup assistance by the end of the business day today.Unfortunately,as you and I both know,that did not happen. However, I understand that you allowed two contractors to enter your home and provide you with estimates of cost for removal of the excessive storage. With that occurring today I will allow two additional days for the confirmation letter to be presented to me. If I receive the letter of confirmation by 5:00pm on Friday I will allow the cleanup crew to perform their work and my presence will become shadowed for a short period of time. Now, if I do not receive a confirmation letter stating that you have accepted and are willing to have a cleanup company assist you by Friday, I will be forced to further my course of legal action. This would include, and is not limited to, obtaining an additional search warrant to enter your home and obtaining a Judge's approval to contract and conduct a clean out of your property without your consent.All items determined to be excessive storage would be removed. Action Items: Provide the Fire Department, via Anthony Svoboda, a copy of a contract of services for Sharon Francis (9723 Dorset Ln) to have items deemed excessive storage to be removed from her home. Consequences: Failure to comply will result in the Fire Department pursuing Sharon Francis (9723 Dorset Ln) in a court of law under Minnesota State Statue: 463.161 and 463.151 Anthony Svoboda, Fire Inspector City of Eden Prairie Fire Department 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8497 I asvoboda@edenprairie.org "Duty-Honor- Courage" OFFICE OF FIRE PREVENTION j November 16, 2017 Sharon Francis 9723 Dorset Lane Eden Prairie, MN 55347 Ms. Francis, This is the final warning regarding the Order to Comply issued by the Eden Prairie Fire Prevention Bureau. As of today, November 16, 2017, the City of Eden Prairie is perusing actions against you under Minnesota State Statute 463.161 and 463.151. This will allow the City of Eden Prairie abatement authority of the excess hazardous storage and allows the City to remove such hazard at the expense of the owner. A failure to comply with the final orders will cause all nonessential items in your home to be removed. If you wish to comply with the orders to remove the items under your own power and control, you may do so. However,this is your final warning. Thank you, Anthony Svoboda, Fire Inspector City of Eden Prairie Fire Department 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8497 ( asvoboda@edenprairie.org "Duty-Honor- Courage" CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 4, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Paul Sticha, Administration, Declare obsolete office furniture as VIII.E. Facilities surplus. Requested Action Move to: Declare furniture obsolete and authorize the City Manager to dispose of Surplus property per City Code Section 2.86, Subdivision 3. Synopsis Obsolete furniture: • 3 metal book shelves • 9 metal file cabinets • Miscellaneous unusable Hermann Miller workstation surfaces and parts. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 4, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Lion's Tap Site Improvements IX.A. Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution amending the Guide Plan from Neighborhood Commercial to Rural on .22 acres, and to Neighborhood Commercial on .18 acres; and • Approve the 1st Reading of the Ordinance for Planned Unit Development District Review with waivers on 2.2 acres and a Zoning District Change from Rural to Highway Commercial on .25 acres, from right-of-way to Highway Commercial on .51 acres, and • Approve the 1st Reading of a Zoning District Change from Highway Commercial to Rural on .18 acres, from right-of-way to Rural on .03 acres; and • Preliminary Plat from two lots into one lot and one outlot on 11.69 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The proposed project includes a number of site improvements on the Lion's Tap property. The property is located at the intersection of Flying Cloud Drive and Spring Road. The restaurant is located on the proposed Lot 1, which is 2.2 acres. The applicant is proposing to plat the undeveloped land north of the restaurant as an outlot. Due to the reconstruction of Flying Cloud Drive and Spring Road, including the realignment of Spring Road to the east, Lion's Tap is proposing to expand and improve their parking lot and add two small vestibules to the building. Access to the site is from Spring Road. Background The Comprehensive Plan designates this property as Neighborhood Commercial. In 2014, areas adjacent to the Lion's Tap lot and the right of way were reguided in anticipation of the road realignment and the proposed improvements. Due to the final layout of the improvements, the proposed lot configuration has changed slightly. As a result, there is a request for some minor modifications to the guiding. Since the reguiding associated with this project involves minor adjustments to the 2014 approval and the City is in the process of updating the Comprehensive Plan, the Metropolitan Council has advised City staff that the reguiding does not need formal approval by the MetCouncil. The Planned Unit Development Concept Plan was approved in 2014. The proposed project is consistent with that concept. The requested rezoning for the Lion's Tap property will result in proposed Lot 1 being zoned Highway Commercial. The Outlot to the north of the restaurant will be zoned Rural. 42 The new parking lot will be located on the northwest, west and north sides of .v '_ �.. 1 the building. The plan increases the •.. parking from 70 stalls to 112 stalls. / — �' �' The site improvements include code ( `�" ro -•� -4,m4 f. �� compliant landscaped islands in the �°�' "��, ����,,,��� ��� parking lot. The project includes a -; �� �° connection to the sidewalk along the , _i. ¢. north side of Flying Cloud Drive and •. ,•a 0 ' , l 1 ' i the applicant is providing a bike rack. � � a ° m The retaining walls along the west and •' - - �� r. a portion of the northwest property line , s. are living walls. Plant material is °, - ---�jPropo n placed into the wall givingit a different Vestibule estib l ' character and appearance than a block a'.,- ` V ,nnowizrn wall. The proposed parking lot ir"��" lighting is LED. The overall landscaping proposed on the site includes native plants. Planning Commission Review - Vii17111w1 , . e The plans presented to the PlanningCommission did .ti- - �t#i �,:s not include screening of the parking lot from the roads, ._- ,. ' .11' details of the trash enclosure and the building material - ' " e '.:. . � " percentages for the vestibules. Staff recommended the ` : f. plans be revised to include code compliant screening, '. - _- --4_ P trash enclosure details and buildingmaterials before `-- '._-.. :.,T y friilta. ' 4 _ Arm the 1St reading at Council. -'_ y At the Planning Commission meeting, there was — ■R- discussion about the parking lot screening. The Revised Plan -_, - s� configuration of the parking lot leaves little room for _ screening. Although a decorative fence could be used V J, ��i, �- *Y�'r-� �'--,,% to provide screening, the Planning Commission ,- . _ - ,«<, f' tor expressed a preference for using plantings rather than a ,,'"` 9ty -,.,`_;� �W_s-':',`°; _ fence. The applicant has revised the plans to include -- ''v" 1 :,,%*. 4 screening of the parking lot. The plan includes shrubs „ ! %x. _`,r. . along the parking lot on the west side of the building - r',�'11 `;. along Flying Cloud Drive. Since the parking is only 9' ' 4.83 feet from the property line, the County is allowing --- •-• " - -- the applicant to plant in the right-of-way with the .5 __... e condition that the County reserves the right to remove 0, l'r + the plantings. If the plantings are removed by the v County, staff recommends language be included in the 1, A a "Development Agreement noting that it is the '.:'Y© ` 15. Ur .o �1 , Developer's responsibility to continue to provide code " , `:;- compliant screening of the parking lot. At the southeast corner of the site, the applicant is proposing to use a '' `"i i i decorative fence and ornamental grasses to screen the ! _ „,.4."“'"1 - ver parking meeting the Planning Commission's intent. '� v 't`'� Along Spring Road, the plan includes ornamental --; fi: _ F / , _7 - Revised Plan a grasses, shrubs and evergreens to screen the parking lot from the road. Since the Planning Commission meeting, the applicant has provided details of the trash enclosure. The material is consistent with the existing building material and the trash enclosure is code compliant. The new vestibule at the Flying Cloud Drive entrance to the building is 86% glass and the vestibule at the side entrance is 75% glass. Both vestibules are code compliant. The 120-Day Review Period Expires on November 1, 2018. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the August 13, 2018 meeting subject to the conditions in the staff report. Several of the conditions in the staff report were to be addressed prior to the City Council 1st reading. Each of those conditions have been addressed to the satisfaction of City staff. Requested Waivers and Site Design The restaurant has been located on this property for many years with a number of improvements over time. In 1983, a variance was approved allowing the current building and parking setbacks from the road rights-of-way and for the location of the parking. Due to the realignment of Spring Road, the applicant has room to expand the parking and bring the number of parking stalls provided into conformance. This proposed PUD addresses the building and parking setbacks, parking location, and number of parking stalls specific to this new site layout. The waivers are appropriate given the location of the building. Following are the waivers being requested: 1. Front Setback to the building of 10.48'along Flying Cloud Drive. City Code requires 35'. The front setback requirement to the building is 35'. The existing building is currently located within that setback. The front setback of the building is currently as close as approximately 2.5'to the Spring Road right-of-way. With the realignment of Spring Road, the building is proposed at approximately 130'from the Spring Road property line. The front setback of the building from the Flying Cloud Drive right-of-way is currently 14'. With the addition of the vestibule, the building is proposed at approximately 10.48'from the Flying Cloud Drive property line. The proposal brings the front setback to the building along Spring Road into conformance. Although the front setback along Flying Cloud Drive has been reduced, the setback is the result of additional right-of-way needs. 2. Front Setback to the parking lot of 6.7'along Spring Road. City Code requires 35'. Front Setback to the parking lot of 4.83'along Flying Cloud Drive. City Code requires 35'. The front setback requirement to a parking lot is 35'. The current parking area along Flying Cloud Drive has a zero foot setback because it extends into the right-of-way. The proposed setback is 4.83'. The current parking area along Spring Road has a 15' setback. With the reconfiguration of the parking for the project, the proposed parking lot will be 6.7'. Currently the site does not meet parking requirements, which necessitates off-site parking. The proposed site improvements will bring the number of parking stalls into conformance and provide all of the required parking on site. Attachments 1. Resolution for an Amendment to the Comprehensive Plan 2. Ordinance for a Planned Unit Development and a Zoning District Change 3. Ordinance Summary 4. Ordinance for a Zoning District Change 5. Resolution—Preliminary Plat 6. Staff Report 7. Guide Plan Map 8. Proposed Guiding 9. Zoning Map 10. Proposed Zoning 11. Aerial photo 12. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Metropolitan Council advised the City that the amendment to the 2030 Comprehensive Plan does not require Metropolitan Council review and comment because the nature of the adjustments is minor and the 2040 Comprehensive Plan is being updated and these adjustments will be reflected in the 2040 Comprehensive Plan update; and WHEREAS,the proposal of Lion's Tap Site Improvements, by Bert A. Notermann is for a Comprehensive Guide Plan Change from Neighborhood Commercial to Rural on 0.22 acres, and to Neighborhood Commercial on 0.18 acres, as legally described on Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated August 29, 2018 and the staff report dated August 8, 2018. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A COMPREHENSIVE PLAN AMENDMENT Neighborhood Commercial to Rural Legal Description Prior to Final Plat Area 1: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County,Minnesota described as follows: Beginning at the most southwesterly corner of said Lot 1;thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet;thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet;thence South 09 degrees 01 minutes 10 seconds West, 51.31 feet to the south line of said Lot 1; thence North 82 degrees 13 minutes 39 seconds West, 193.58 feet to the point of beginning. Area 4: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60,according to the recorded plat thereof,Hennepin County,Minnesota described as follows which lies northerly and southeasterly of the following described line: Commencing at the most northeasterly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1,a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2,Block 1, said plat SPRING HEIGHTS;thence continuing South 80 degrees 56 minutes 54 seconds East along the extension of last said line, 33.69 feet the intersection with a line hereinafter referred to as LINE A and also the point of beginning the area to be described; thence North 80 degrees 56 minutes 54 seconds West, 33.69 feet to said easterly line of Lot 2;thence North 39 degrees 59 minutes 21 seconds East along said easterly line of Lot 2,a distance of 79.22 feet said LINE A and said line there terminating. ALSO THAT part of said HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60, lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS,according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds;thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East;thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. Legal Description After Final Plat Outlot A, Spring Heights 1st Addition To Neighborhood Commercial Legal Description Prior to Final Plat Area 2: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota described as follows: Commencing at the most southwesterly corner of said Lot 1;thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet to the point of beginning of the area to be described; thence North 09 degrees 01 minutes 10 seconds East,49.00 feet;thence North 54 degrees 01 minutes 10 seconds East, 79.45 feet;thence South 80 degrees 58 minutes 50 seconds East, 163.96 feet;thence South 63 degrees 59 minutes 21 seconds West, 21.54 feet;thence South 87 degrees 59 minutes 21 seconds West, 140.00 feet;thence South 30 degrees 59 minutes 21 seconds West, 65.00 feet;thence North 89 degrees 00 minutes 39 seconds West,41.17 feet to the point of beginning. Legal Description After Final Plat Lot 1, Block 1, Spring Heights lst Addition LION'S TAP SITE IMPROVEMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018-PUD- -2018 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 Highway Commercial Zoning District as noted in Exhibit A_-2018-PUD- -2018 (hereinafter "PUD- -2018- "). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Bert A. Notermann, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2018- , and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD- -2018- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2018- 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-_-2018- are justified by the design of the development described therein. D. PUD- -2018- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural and placed in the Highway Commercial Zoning Districts as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2018- 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 4th day of September, 2018, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the_day of , 2018. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. EXHIBIT A Rural Zoning District to Highway Commercial Zoning District Legal Description Prior to Final Plat Area 2: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota described as follows: Commencing at the most southwesterly corner of said Lot 1;thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1,a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet to the point of beginning of the area to be described; thence North 09 degrees 01 minutes 10 seconds East,49.00 feet;thence North 54 degrees 01 minutes 10 seconds East, 79.45 feet;thence South 80 degrees 58 minutes 50 seconds East, 163.96 feet;thence South 63 degrees 59 minutes 21 seconds West,21.54 feet;thence South 87 degrees 59 minutes 21 seconds West, 140.00 feet;thence South 30 degrees 59 minutes 21 seconds West, 65.00 feet;thence North 89 degrees 00 minutes 39 seconds West,41.17 feet to the point of beginning. Area 3: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County,Minnesota described as follows: Beginning at the most northeasterly corner of Lot 1, Block 1 of said plat;thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of said Lot 2; thence South 39 degrees 59 minutes 21 seconds West,along said easterly line of Lot 2, a distance of 60.68 feet to the point of beginning. Area 6: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of the Southeast Quarter of Section 29,Township 116,Range 22,Hennepin County,Minnesota, described as follows: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS,according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord bearing of North 17 degrees 36 minutes 21 seconds East;thence South 39 degrees 57 minutes 57 seconds West, 20.91 feet; thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning. Legal Description After Final Plat Lot 1,Block 1, Spring Heights 1"Addition Zone to Highway Commercial Legal Description Prior to Final Plat Area 5: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 Those parts of Parcel 206,MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60, according to the recorded plats thereof,Hennepin County,Minnesota and that part of and the Southeast Quarter of Section 29,Township 116,Range 22, all which lies southerly of the following described line: Commencing at the most northeasterly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2, Block 1, said SPRING HEIGHTS,to the point of beginning of the line to be described;thence continuing South 80 degrees 56 minutes 54 seconds East along the southeasterly extension of last said line, 33.69 feet to the intersection with a line hereinafter referred to as LINE A and said line there terminating. ALSO THAT part of said Parcel 206,MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60,and the Southeast Quarter of Section 29, Township 116,Range 22, all lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds;thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East;thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. EXCEPTING THEREFROM That part of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord bearing of North 17 degrees 36 minutes 21 seconds East;thence South 39 degrees 57 minutes 57 seconds West, 20.91 feet; thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning. Legal Description After Final Plat Lots 1,Block 1 Spring Heights lst Addition LION'S TAP SITE IMPROVEMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2018-PUD- -2018 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 16180 Flying Cloud Drive within the Highway Commercial 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 , 2018. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Legal Description Prior to Final Plat Area 2: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota described as follows: Commencing at the most southwesterly corner of said Lot 1;thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet to the point of beginning of the area to be described; thence North 09 degrees 01 minutes 10 seconds East,49.00 feet;thence North 54 degrees 01 minutes 10 seconds East, 79.45 feet;thence South 80 degrees 58 minutes 50 seconds East, 163.96 feet;thence South 63 degrees 59 minutes 21 seconds West,21.54 feet;thence South 87 degrees 59 minutes 21 seconds West, 140.00 feet;thence South 30 degrees 59 minutes 21 seconds West, 65.00 feet;thence North 89 degrees 00 minutes 39 seconds West,41.17 feet to the point of beginning. Area 3: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota described as follows: Beginning at the most northeasterly corner of Lot 1, Block 1 of said plat;thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of said Lot 2; thence South 39 degrees 59 minutes 21 seconds West, along said easterly line of Lot 2, a distance of 60.68 feet to the point of beginning. Area 6: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of the Southeast Quarter of Section 29, Township 116,Range 22,Hennepin County,Minnesota, described as follows: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord bearing of North 17 degrees 36 minutes 21 seconds East;thence South 39 degrees 57 minutes 57 seconds West, 20.91 feet; thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning. Legal Description After Final Plat Lot 1,Block 1, Spring Heights lst Addition Legal Description Prior to Final Plat Area 5: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 Those parts of Parcel 206,MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60, according to the recorded plats thereof,Hennepin County,Minnesota and that part of and the Southeast Quarter of Section 29,Township 116,Range 22, all which lies southerly of the following described line: Commencing at the most northeasterly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2, Block 1, said SPRING HEIGHTS,to the point of beginning of the line to be described;thence continuing South 80 degrees 56 minutes 54 seconds East along the southeasterly extension of last said line, 33.69 feet to the intersection with a line hereinafter referred to as LINE A and said line there terminating. ALSO THAT part of said Parcel 206,MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60,and the Southeast Quarter of Section 29, Township 116,Range 22, all lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds;thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East;thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. EXCEPTING THEREFROM That part of the Southeast Quarter of Section 29, Township 116,Range 22, Hennepin County,Minnesota, described as follows: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord bearing of North 17 degrees 36 minutes 21 seconds East;thence South 39 degrees 57 minutes 57 seconds West, 20.91 feet; thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning. Legal Description After Final Plat Lots 1,Block 1 Spring Heights 1"Addition LION'S TAP SITE IMPROVEMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Highway Commercial Zoning District and be placed in the Rural Commercial Zoning District as noted in Exhibit A. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Highway Commercial Zoning District and shall be included hereafter in the Rural Zoning District as noted in Exhibit A, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2018, entered into between Bert A. Notermann, and the City of Eden Prairie, and which Agreement are hereby made a part hereof Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of September, 2018, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2018. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. EXHIBIT A Highway Commercial Zoning District to Rural Zoning District Legal Description Prior to Final Plat Area 1: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the most southwesterly corner of said Lot 1;thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet;thence South 09 degrees 01 minutes 10 seconds West, 51.31 feet to the south line of said Lot 1;thence North 82 degrees 13 minutes 39 seconds West, 193.58 feet to the point of beginning. Legal Description After Final Plat Outlot A, Spring Heights Pt Addition Zone to Rural Zoning District Legal Description Prior to Final Plat Area 4: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60,according to the recorded plat thereof,Hennepin County,Minnesota described as follows which lies northerly and southeasterly of the following described line: Commencing at the most northeasterly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1,a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2,Block 1, said plat SPRING HEIGHTS;thence continuing South 80 degrees 56 minutes 54 seconds East along the extension of last said line, 33.69 feet the intersection with a line hereinafter referred to as LINE A and also the point of beginning the area to be described;thence North 80 degrees 56 minutes 54 seconds West,33.69 feet to said easterly line of Lot 2; thence North 39 degrees 59 minutes 21 seconds East along said easterly line of Lot 2, a distance of 79.22 feet said LINE A and said line there terminating. ALSO THAT part of said HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60, lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS,according to the recorded plat thereof, said Hennepin County;thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non- tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds;thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East;thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. Legal Description After Final Plat Outlot A, Spring Heights Pt Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- RESOLUTION APPROVING THE PRELIMINARY PLAT OF SPRING HEIGHTS 1sT ADDITION FOR BERT NOTERMANN BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Spring Heights Pt Addition for Bert Notermann stamp dated August 29, 2018, and consisting of 11.69 acres into one lot and one outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and a Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 4th day of September, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: August 8, 2018 SUBJECT: Lion's Tap Site Improvements APPLICANT: John Shardlow, Stantec Consulting Services, Inc. OWNER: Bert Notermann LOCATION: 16180 Flying Cloud Drive 120-DAY REVIEW: November 1, 2018 REQUEST: • Guide Plan change from Neighborhood Commercial to Rural on .22 acres, and from Rural to Neighborhood Commercial on .01 acres • Planned Unit Development District Review with waivers on 2.2 acres • Zoning District Change from Rural to Highway Commercial on .25 acres, from Highway Commercial to Rural on .12 acres, from right-of- way to Highway Commercial on .51 acres, and from right-of-way to Rural on .03 acres • Site Plan Review on 2.2 acres • Preliminary Plat from two lots into one lot and one outlot on 11.69 acres BACKGROUND Ft .-.41_ The applicant is proposing a number of site .•' ° !'{ < ,__ ". improvements on the Lion's Tap property fr t located at 16180 Flying Cloud Drive. The ;0'' I., -.� property is located at the intersection of , Flying Cloud Drive and Spring Road. The - `�"" building is located in the southeast corner of , t. - , - y -;; the property and the existingparkingis t ' p p Y subject 4.;. ti4• - ; i, ... located to the north, northwest, and west of ;, Property " ;, the property. Some of the parking is , } - ' "` 9 • currently located within the Flying Could '�• ` `wr ,h, .' . e' ' Drive right-of-way. -'t�` -' " 't .'. {,.fir, Due to the reconstruction of g FlY in Cloud Staff Report—Lion's Tap Site Improvements August 8, 2018 Page 2 Drive and Spring Road,including the realignment of Spring Road to the east,Lion's Tap is proposing to expand and improve their parking lot. Lion's Tap purchased the excess right- Existing Guiding Rural Reguide from of-way from the County. This provides Neighborhood • them with more room for parking lot Commercial to expansion. In addition, the plan Reguide from Rural includes a 110-square foot vestibule Neighborhood Reguided q Commercial to in 2014 addition. Rural ''O f The restaurant has been located on this property for many years with a number Neighborhood Commercial of improvements over time. In 1983, a - Reguided variance was approved for building Reguide from 4 16150 in 2014 11 lail§" ',' '-' ', setbacks from the road rights-of--way Rural to Neighborhood -:'.'.'_ _s Commercial : '- and for the location of the parking.This r v,,. PUD addresses the setbacks Ana " proposed � �, Proposed Property and parking location specific to this ` Line new site layout. COMPREHENSIVE PLAN AND ZONING Existing Zoning • Zone to Rural from _ The Comprehensive Plan designates -- Rezone from Rural to right-of-way this property as Neighborhood Rural Highway Commercial Commercial. In 2014,areas adjacent to the property and the right of way were Rezone from Highway '"Nril reguided in anticipation of the road Commercial to Rural realignment and the proposed improvements. Due to the final layout Highway of the improvements, the proposed lot • Commercial 441 configuration has changed slightly. As a result, there is a request for some Propo ed ' ' , ..+_ minor modifications to the guiding. Property Line I YM --.. -- _ - • Ci U1;1 Lj; ,,1 Since the reguiding associated with this • • project involves minor adjustments to Zone to Highway Commercial the 2014 approval and the City is in the from right-of-way process of updating the Comprehensive Plan,the Metropolitan Council has advised City staff that the reguiding does not need formal approval by the MetCouncil. 2 Staff Report—Lion's Tap Site Improvements August 8, 2018 Page 3 The Planned Unit Development Concept Plan was approved in 2014.The proposed project is consistent with that concept. The property is zoned Highway Commercial.The rezoning associated with this project will result in all of the area within the proposed property line of proposed Lot 1, Block 1 being zoned Highway Commercial. SITE PLAN The new vestibule is proposed to be added to the Flying Cloud entrance to the building. The parking will continue to be located to the north,northwest,and west of the building,but reconfigured. With the realignment of Spring Road,the existing building is much further from the intersection. Access to the site will be off of Spring Road only. There are significant slopes west and northwest of the building. The applicant is proposing numerous retaining walls including a living retaining wall. The Hennepin County highway improvements will include a sidewalk along the north side of Flying Cloud Drive and Lion's Tap site improvements provide a connection to the public sidewalk. The restaurant requires 100 +a parking stalls to comply with City Code requirements. The R - - = _-- __ site currently includes 70 parking stalls and the expansion of the parking will v = �r ' provide 112 parking stalls, ti" which makes the site 4 conforming with regard to " 1 the number of parking stalls. w " m The site improvements include landscaped islands in / r{ Proposed Vestibule r ' the parking lot. The islands n Addition N •�� / ,. meet the size and percentage 4 Vso., 7, requirements. Each of the islands will include plantings. PRELIMINARY PLAT The applicant is proposing a preliminary plat,which includes both the Lion's Tap property and the lot to the northwest. The lot to the northwest is currently a platted lot and it is zoned Rural. The applicant is proposing to create this area an outlot with this preliminary plat. Development is not allowed on the outlot without future approval by the City. In addition to potentially considering a future rezoning,this future proposal gives the City some level of review before development can occur on the property. 3 Staff Report—Lion's Tap Site Improvements August 8, 2018 Page 4 Staff asked the applicant to investigate the presence of burial mounds on the proposed outlot. Since there may be future development of the outlot, this investigation would be necessary as a part of any development proposed on the outlot. PARKING LOT CONFIGURATION The site appears to have an excess of pavement due in part by the parking stall size and the configuration of the parking lot. Staff recommended that the applicant reduce the amount of pavement proposed on the site. This could be accomplished through multiple options such as narrowing the parking stall width from 10'to 9' or reconfiguring parts of the parking lot.The applicant has chosen to move forward with the plan as proposed. The City Code requires parking lot screening from the public street. The Planting Plan does not include screening of the parking lots along either Spring Road or Flying Cloud Drive.The layout of the parking does not leave much room to use plantings as a screen, but a decorative fence can be used to provide screening. Staff recommends that prior to the public hearing at Council,the applicant provide staff with a plan that includes City Code compliant screening of the parking areas. SIGNS The applicant is proposing to relocate the entry sign and potentially install a new monument sign. All the changes to the signs on the property must be in conformance with the City Code and requires a separate permit. BUILDING IMPROVEMENTS The building is currently nonconforming with regard to building materials. The west, north and northwest facades are primarily stucco,which does not meet the current standards. The south and east facades are brick and meet the standards. Staff has not seen detail drawings of the new vestibule and therefore,cannot confirm that it complies with the building material standards. Staff recommends that prior to the public hearing at Council,the applicant provide staff with building elevations that include City Code compliant building material. The applicant has not submitted details of the trash enclosure. Staff recommends that prior to the public hearing at Council,the applicant provide staff with detail drawings that includes a City Code compliant trash enclosure. SUSTAINABLE FEATURES The project includes a connection to the sidewalk along the north site of Flying Cloud Drive and the applicant is providing a bike rack. The retaining walls along the west and a portion of the northwest property line are living walls. Plant material is placed into the wall giving it a different character and appearance than a block wall. The proposed parking lot lighting is LED. The overall landscaping 4 Staff Report—Lion's Tap Site Improvements August 8, 2018 Page 5 proposed on the site includes native plants. TREE REPLACEMENT AND LANSCAPING The tree replacement requirement for the property is 126 caliper inches. The proposed trees used to meet this requirement are intended to compensate for the loss of significant trees due to grading and construction on the site. The Planting Plan includes 127 caliper inches of trees for tree replacement. All of the proposed trees on the Planting Plan are being counted toward tree replacement. There is also a landscaping requirement for the building of 16 caliper inches. The applicant has 84 shrubs and 72 perennials counted toward this requirement, but City Code only allows 25% of the required caliper inches to be shrubs and/or perennial beds. The applicant must add some trees to the Planting Plan to fulfill the caliper inch requirements beyond the 25%that can be shrubs and/or perennial beds. LIGHTING The proposed site lighting plan meets City Code requirements and will be confirmed at the time of building permit issuance. DRAINAGE The applicant is proposing to construct an underground infiltration system to meet the post construction stormwater requirements of the City of Eden Prairie and the Riley Purgatory Bluff Creek Watershed District. The underground system will be designed to provide water quality treatment, rate control and volume reduction for the newly created building and parking lot impervious surfaces. UTILITIES The property currently has a well and septic systems. However, sanitary sewer and water are being installed with the road improvement project. This project will include connecting to the municipal services. The septic system will be abandon and the well will be used for irrigation. PLANNED DEVELOPMENT WAIVERS The purpose of a Planned Unit Development(PUD)as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers: 1. Front Setback to the building of 10.48'along Flying Cloud Drive. City Code requires 35'. The front setback requirement to the building is 35'. The existing building is currently located within that setback. The front setback of the building is currently as close as approximately 5 Staff Report—Lion's Tap Site Improvements August 8, 2018 Page 6 2.5'to the Spring Road right-of-way. With the realignment of Spring Road, the building is proposed at approximately 130' from the Spring Road property line. The front setback of the building from the Flying Cloud Drive right-of-way is currently 14'. With the addition of the vestibule, the building is proposed at approximately 10.48' from the Flying Cloud Drive property line. The proposal brings the front setback to the building along Spring Road into conformance. Although the front setback along Flying Cloud Drive has been reduced,the setback is the result of additional right-of-way needs. 2. Front Setback to the parking lot of 6.7' along Spring Road. City Code requires 35'. Front Setback to the parking lot of 4.83'along Flying Cloud Drive.City Code requires 35'. The front setback requirement to a parking lot is 35'. The current parking area along Flying Cloud Drive has a zero foot setback because it extends into the right-of-way. The proposed setback is 4.83'. The current parking area along Spring Road has a 15' setback. With the reconfiguration of the parking for the project, the proposed parking lot will be 6.7'. Currently the site does not meet parking requirements,which necessitates off-site parking.The proposed site improvements will bring the number of parking stalls into conformance and provide all of the required parking on site. STAFF RECOMMENDATION Recommend approval of the following requests: • Guide Plan change from Neighborhood Commercial to Rural on .22 acres, and from Rural to Neighborhood Commercial on .01 acres • Planned Unit Development District Review with waivers on 2.2 acres • Zoning District Change from Rural to Highway Commercial on .25 acres, from Highway Commercial to Rural on .12 acres, from right-of-way to Highway Commercial on .51 acres, and from right-of-way to Rural on .03 acres • Site Plan Review on 2.2 acres • Preliminary Plat of two lots into one lot and one outlot on 11.69 acres This is recommended approval is based on plans stamp dated July 30, 2018 and the following conditions: 1. Prior to the public hearing at the City Council, the applicant shall: A. Provide staff with a plan that includes City Code compliant screening of the parking areas. 6 Staff Report—Lion's Tap Site Improvements August 8, 2018 Page 7 B. Provide staff with building elevations of the vestibule that include City Code compliant building material. C. Provide staff with detail drawings that include a City Code compliant trash enclosure. D. Revise the plans to show the types of plants that will be a part of the plant beds proposed for the islands, which is shown as a cross hatch pattern on the plan. E. Revise the Planting Plan to include some trees to meet the landscaping requirements (16 caliper inches). The 16 required caliper inches shall consist of trees and shrubs and planting beds. Shrubs and planting beds can count toward 25% of the required 16 caliper inches. 2. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control at the grading limits of the property for review and approval by the City. 3. Prior to building permit issuance for the property, the proponent shall: A. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. 4. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated July 30, 2018 A. Front Setback to the building of 10.48'along Flying Cloud Drive as shown on plans. City Code requires 35'. B. Front Setback to the parking lot of 6.7' along Spring Road as shown on the plans.City Code requires 35'. C. Front Setback to the parking lot of 4.83' along Flying Cloud Drive as shown on the plans. City Code requires 35'. 7 Guide Plan Map:Lion's Tap Site Improvements Address: 16180 Flying Cloud Drive Eden Prairie, MN 55344 w w o - o 5Q - PROJECT SITE FLYING CjjjjRIVE City of Ed n Prairie Land Use Guide Plan Map 000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams 177 Low Density/Public/Open Space - Regional Commercial —Principal Arterial —A Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center 4 • { 1 ^ —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 b l Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05DATE Revised 06-01-07 EDEN High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-2323-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-06 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Office/Industrial Open Water „o�t•D E +:+ '2 Office/Public/Open Space Right-Of-Way 290 145 O 290Feet Industrial CityLimits Guide Plan Map:Lion's Tap Site Improvements Address: 16180 Flying Cloud drive Eden Prairie, MN 55344 w w o - 5Q PROJECT SITE FLYING CjjjjRIVE City of Ed n Prairie Land Use Guide Plan Map 000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams 177 Low Density/Public/Open Space Regional Commercial —Principal Arterial —A Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center 4 • { 1 ^ —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 b l Medium Density Residential/Office Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05DATE Revised 06-01-07 EDEN High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-2323-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-06 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Office/Industrial Open Water „o�t•D E +:+ '2 Office/Public/Open Space Right-Of-Way 290 145 O 290Feet Industrial CityLimits Zoning Map - Lion's Tap Site Improvements 16180 Flying Cloud Drive Eden Prairie, MN 55344 mr_. h.. .__ oc A ill 11 ' 111741110-411171r .... lill ___,_1 _ PROJECT SITE lilliliMMO FLYING CLOUD City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. MITC-R I RDI Recreational Development Waters R1-13.5 One Family-13,500sf min. MITC-MU I OD General Development Waters(Creeks Only) '1� r +: f! R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, Z1 WO- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. EDEN -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5Acre Min. Up dated through approved Ordinances#26-2008 Office i i Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial I I Golf Course Date:March 1,2009 Community Commercial I I Water In case of discrepancy related to a zoning classitmaaon on this zoning map,the Ordinance _ ;;•,,f and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial QCityLimits 0 0.075 0.15 Miles .wax_o...m.::mo..m._..®.I..o.a.,a .kqE4 ,..::mo, Proposed Zoning Map - Lion's Tap Site Improvements 16180 Flying Cloud Drive Eden Prairie, MN 55344 i Air wir iii ,,...._ jr,, a . Ce Z w 0 w '\\ __.iii. \ FLyittectoup City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•W0BIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial l I Right of Way -Regional Service Commercial QCityLimits 0 0,075 0.15 Miles .wa,_op,.m..=..m._..®..i..o.a.,a ..o...z„..m ,..,,mo, Aerial Map: Lion's Tap Site Improvements Address:16180 Flying Cloud Drive Eden Prairie, Minnesota 4 L • r .v Fly. r ......j._._._____N__._._V. _____.,__..._i....j9 4, , ,4 'r,,1:1? 0 . Ske: Rd6 f ; ot \ * - -,-0, 1 • s, �� *. 5\� - f PR OJ , co' _;;�. FLYING CLOUD • Allik 0 87.5 175 . r. .:350 Feet APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 13, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Jonathan Stanley, Housing & Community Services Manager; Janet Jeremiah, Com. Dev. Director; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Vice-Chair Farr called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Absent were commission members DeSanctis, Higgins, Pieper, and Weber. III. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Villarreal, to accept the agenda. Motion carried 5- 0. IV. MINUTES MOTION: Villarreal moved, seconded by Freiberg to accept the minutes of Monday, July 23, 2018. Motion carried 5-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS LION'S TAP SITE IMPROVEMENTS Location: 16180 Flying Cloud Drive Request for: PLANNING COMMISSION MINUTES August 13, 2018 Page 2 • Guide Plan change from Neighborhood Commercial to Rural on .22 acres, and from Rural to Neighborhood Commercial on .01 acres • Planned Unit Development District Review with waivers on 2.2 acres • Zoning District Change from Rural to Highway Commercial on .25 acres, from Highway Commercial to Rural on .12 acres, from right-of-way to Highway Commercial on .51 acres, and from right-of-way to Rural on .03 acres • Site Plan Review on 2.2 acres • Preliminary Plat reconfiguring two lots on 11.69 acres Klima presented the staff report and gave an overview of the history of the PUD Concept Plan, approved in 2014. The proposed site improvements for Lion's Tap, located at the intersection of Spring Road and Flying Cloud Drive, included the addition of a 110- square foot vestibule onto the Flying Cloud Drive entrance to the building and a reconfiguration and expansion of the parking lot. Due to the realignment of and reconstruction of Spring Road, Lion's Tap would have more area for parking. The plan showed 112 parking stalls, an increase of 42 stalls. The proposed parking would be located on the west, northwest, and north sides of the building with access from Spring Road. Staff recommended approval. There was some shifting of zoning and Comprehensive Plan lines. The Met Council advised there did not have to be a formal process to approve the Comprehensive Plan amendment because the City was in the process of updating the Comprehensive Plan and could fold in the amendment. Several waivers were being requested. This business has been in operation for decades and was a known destination in the community. The front setback and parking waivers were due to existing conditions. Some parking was off-site; with this proposal, all parking would be provided on site. Conditions of approval included providing the small vestibule building materials and the trash enclosure building materials meeting City requirements, and minor changes to the landscaping plan. Farr asked if there would be other jurisdictional approval for the off-site grading of the right of way to the south, which had steep slopes requiring retaining walls. Rue replied the grading on the south side, which was a two-to-one slope between the parking lot and the trail, was timed along with this project. Hennepin County was grading only to the existing parking lot as a compromise to avoid constructing a wall within the draining and utilities easement. Farr asked if the County would permit a two-to-one slope, and Rue replied most county slopes were in fact two-to-one. Farr asked if there were two vestibules being added, as evidenced on the plan. Klima replied to her understanding there was only one vestibule. The applicant, John Shardlow of FAICP Stantec Consulting Services, displayed a PowerPoint and replied this was the same vestibule as seen from two different views. The vestibule created an airlock and was the minimal size needed. The vestibule elevation was increased by 6 inches to PLANNING COMMISSION MINUTES August 13, 2018 Page 3 accommodate ADA requirements. He introduced Bert and Bonnie Notermann, the owners, and Jack Perry with Briggs &Morgan, their attorney. Shardlow further explained the site plan. The parcel had changed shape and the "triangles" and"slivers" added to the back parking area were an attempt to "square off' the site and create more parking on the west side of the site, allowing for turning radiuses of emergency vehicles and for ADA access. He described working with City staff, the County, and with the Highway Department. The objective was to create, as much parking as possible and the grading would be substantial, as the slope was 12 feet above the elevation of Flying Cloud Road. The new properly line included some area from Spring Road and the adjacent residential property. There would be a buried system for storm water treatment and construction of this plus the grading would result in the loss of trees, but the applicant was working with staff on a landscaping plan. He displayed a cross- section of the grade and explained MnDOT will not mow but would use its sandy-soil seed mix. A"living wall"would be constructed along the back and the applicant would work with staff to use sumac or other natural screening materials to block the light from oncoming headlights. The drainage utility and easement might require a small wall. Farr asked if the scale was a one-to-one scale horizontally and vertically, and Shardlow replied it was actually a shorter scale vertically than horizontally. Mette asked for an idea how the drawing would look with a one-to-one scale, and Farr explained the dotted 45- degree slope indicated on the cross-section indicated the correct degree of slope. Retention block walls would be put in,but the applicant was planning to use a"living wall"to create a completely green, attractive façade to retain and stabilize the soils. There would be 112 parking spaces plus 12 motorcycle parking spaces. The façade would be face brick and permanent finished materials. The vestibule addition would be a seven- foot, six-inch ADA-compliant structure, which would not affect the building's setback but did have a six-inch easement encroachment on the west side. The abandoned gas pumps raised the possibility of contaminated soil and water in the drainage system. American Engineering Testing did a Phase II analysis and did find contaminated soil near the door,but the land closer to the filtration is clean. These findings have been reported to the State Duty Officer and will be reported to the Pollution Control Agency, and the contamination will be cleaned up. Farr stated the applicant was urged in the staff report to reconsider the amount of pavement in parking area. He approved of the parking stalls being wider than code minimum at their angles, but suggested the applicant change both western and southern loops to one-way circulation 60-degree parking and nine-foot, six-inch wide stalls, which would reduce the amount of pavement and increase safety. He also stated he could not reconcile the front yard variance with the amount of land the owner's held—nine-and-a- half acres behind the building. A variance could be avoided by pushing back the retaining wall. Shardlow replied the steepness of the slope behind the facility, in some sections requiring a 20-feet retaining wall,became difficult and a cost issue. Thirteen different parking PLANNING COMMISSION MINUTES August 13, 2018 Page 4 layouts had been explored, including angled parking,but he agreed to revisit Farr and staff's suggestions. Freiberg noted increasing the parking made sense for the turnaround of an emergency vehicle, given the narrow access at present. He understood Farr's objections but supported the concept, and wished to see the applicant explore other parking options as advised in the staff report. Mette asked what was directly south of the property, and if the lighting would be LED. Shardlow replied the lighting was all LED lighting and the south parcel was privately owned farmland and wetland. Villarreal asked for and received clarification there would be 12 motorcycle spaces. He added he would love to see at least two EV (electric vehicle) charging spots. Farr asked if the walls along the north property line accompanying the five-foot drainage &utility easements for utilities to navigate throughout the property were recommended, or if the easement should be widened. Rue replied the easements were typical and it was standard to have no retaining walls in them. In this case, the amount of utilities in the easement had not been addressed; it could be part of the encroachment agreement or in the development agreement. Farr asked for the materials of the two retaining walls and asked if it was acceptable to have two different styles. Rue replied in the tight property compromises were made, and the living wall provided more green than a block wall, but he had not seen details. The design would be outlined in the building permit. The easement would be addressed as a part of the ongoing approval process. Kirk asked what could be the downside to the variances, given the history of the property, its iconic status, its particular configuration, and no real neighbors but wetlands and farmland in proximity. Farr replied he had thought about this; his concern was not more variances, but the lack of screening on the busy road in a site plan was attempting to be an improvement to the site. Given nine-and-a-half acres, he wondered if there was not an alternative for more parking behind the building to avoid the setback variance, which also prevented compliance with the screening requirements, also requiring a variance. Mette stated she had no issue with the parking variance given the unique characteristics of the slope, and since there were no real neighbors, the parking screening was not intended to screen drivers in cars from seeing cars. Therefore, she was inclined to approve both variances. Villarreal stated having a ninety-degree turn would solve the issue of headlight glare at the top of the slope. Kirk asked if a creative screening solution could be utilized. Shardlow replied he was willing to work with staff and was completely confident would be able to screen the row of cars close to Flying Cloud Road and in the western parking lot. He suggested plants rather than a fence, which could prevent snow removal. Mette agreed a landscape screening was preferable to a fence. Farr noted since the applicant was asking permission to grade, landscaping was a good solution. Mette added the southern row of parking could comprise smaller, compact-size parking stalls, which would allow more room for screening. PLANNING COMMISSION MINUTES August 13, 2018 Page 5 Farr summarized the suggestions from the commission: the applicant would look at landscape screening in these areas of concern, and entertain a parking reconfiguration if possible to address the concerns of the staff report. Mette replied rethinking the parking configuration would be a substantial change, perhaps requiring the applicant to come back and submit a new parking plan. Farr replied he was satisfied with the commission's discussion and suggestions to the applicant, and would ask only staff to review before moving onto the City Council, and would not require the applicant to come back before the Planning Commission with another parking design. Klima replied the commission could make this final review before approaching the City Council a condition of approval. Villarreal noted the staff report stipulated working with the City regarding screening,but he did not see one for parking. He stated he was comfortable with the parking plan as proposed. Discussion followed on appropriate wording of a motion regarding parking given the conditions in the staff report. MOTION: Freiberg moved, seconded by Kirk to close the public hearing. MOTION CARRIED 5-0. MOTION: Villarreal moved, seconded by Kirk to approve the Lion's Tap site improvement project, based on staff recommendations and information contained in the staff report dated August 9, 2018 and plans stamp dated July 30, 2018. MOTION CARRIED 5-0. VIII. PLANNERS' REPORT A. ASPIRE 2040 UPDATE HOUSING Klima introduced Jonathan Stanley, Housing and Community Services Manager. Stanley presented a PowerPoint and summarized the Housing chapter. The goals of this chapter are 1)to incentivize attainable and affordable housing options for lower-income households so they can move to and remain in Eden Prairie; 2) to work with public and private sectors, other government entities and the community to envision the finance innovative demonstration projects and developments; 3) to promote senior housing opportunities which would increase choice and enable seniors who choose to downsize to age in the community; 4)to address the aging housing stock to prevent loss of naturally occurring affordable housing (NOAH); and 5) to prioritize housing around public transit with access to services,jobs,parks, and more. Eden Prairie undertook a housing study in 2017. The City has a number of housing implementation strategies in its toolkit, including the use of TIF (Tax Increment Financing), tax abatement, Consolidated"Super"RFP, housing choice vouchers, capitalizing on TOD areas, and more. The minimum expectation is to PLANNING COMMISSION MINUTES August 13, 2018 Page 6 have 5 percent of units at 50 percent AMI and 5 percent of units at 80 percent AMI. Stanley presented four questions for the commission. The commission members discussed each question in turn. Question 1: Should the policy have flat amounts or a range of options—e.g., 5 percent at 50 percent and 5 percent at 80 percent of AMI, or developer choice of 5 percent at 30 percent, 10 percent at 50 percent, or 15 percent at 80 percent? Discussion followed on the advantages of having a starting point as a guide and a choice or a range of options instead of fixed absolute percentages. Mette suggested having a limit to the size of project this would affect, along with an "opt-out" option including the possibility of funding other amenities. Question 2: Should the policy apply to all development activity—e.g. new construction, rehab, renovation, adaptive reuse, non-residential use to residential conversion? Discussion followed on applying this policy evenly to all residential activity. Farr suggested an exclusion for simple remodeling. Question 3: Should the affordability threshold(s)be the same for rental and for- sale housing (other municipalities use a single 80 percent AMI threshold for for- sale product)? Discussion followed on why having the threshold be the same for both would not be a benefit. Mette noted affordable housing is difficult to make"work" for the reason artificial deflation of property unjustly affected those who, say, received a raise or improved their homes and raised the value. The whole point of owning a home and building equity is lost. Freiberg agreed, and stated the financing of both were quite different. Question 4: Term of affordability—is perpetuity always feasible (e.g. should affordability in perpetuity be required in every circumstance)? Discussion followed on why a perpetuity goal could actually hamper the goal of providing affordable housing in the future. Freiberg objected to the word"every." Mette suggested the category have a cap of up to 40 years, after which it becomes naturally occurring affordable housing. Farr agreed, and suggested creating a metric around this. He suggested an opportunity every ten or so years to petition to City for a change. Kirk agreed. Farr asked for a different way to ask Question 4 to allow for a revisit(say, every 10 years) of the perpetuity clause. PLANNING COMMISSION MINUTES August 13, 2018 Page 7 Mette suggested integrating the goals on the attainable and affordable housing slide with market rates, and to include in the NOAH goal to help and incentivize property owners to improve their properties, not just maintain them. Discussion followed on the definition of"environmental resilience" on the attainable and affordable housing slide. Villarreal asked for definitions of"passive and active solar."Discussion followed on examples of both. Villarreal noted Generation X was not referenced in this document. Klima offered in each case to look at the language. Stanley thanked the commission members for their feedback. LAND USE Klima presented the Land Use chapter. Land use categories were being modified to respect existing development and reflect evolving patterns and trends. The goals were 1)to continue to develop the City in accordance with the Comprehensive Plan; 2)to focus on creating a more dynamic mix of land uses throughout Eden Prairie, and 3) to instill in residents, visitors, and others the value of Eden Prairie's history. Klima displayed and explained the proposed added land use categories (mixed use, commercial, industrial flex tech, flex service, and eco- innovation). Farr asked how the contour line on the Development Areas Map and MUSA slide was set. Rue replied most of it was based on the gravity line boundary, set when the City put in the Red Rock Interceptor. Kirk replied he was also under the impression—this was the protection of the bluff slope. Farr asked if there was a small hotel in the southwest corner near the auto salvage. Rue replied there was; these properties were in Chanhassen. Farr asked for an identification of the upper red area in the map. Klima replied it was the Shady Oak strip mall center. This was guided TOD due to its proximity to the train station as well as other factors. Farr asked if landowners would be contacted when this is published to inform them of the land use change. Klima replied the City would follow its legal obligations with a notice in the newspaper and a news blast on the website, as well as via City Connect, etc. Farr asked if there was historical precedence for appraisers changing appraisals of these properties because of these changes. Klima replied there could be land value changes; whether or not this plan triggers a reappraisal on individual properties was not a question she could answer. Villarreal asked if the existing electric transmission line corridors were required to be turned into pollinator plantings. Klima replied this was likely a strategy or implementation action rather than an overall policy plan. Villarreal stated the commercial and industrial areas would likely be optimal areas for DC fast chargers for electric vehicles, and asked if this would be an appropriate use of an industrial site. Klima replied that was a zoning question rather than a higher-level policy question of land use on the guiding map. Villarreal remarked the Pollution Control Agency was looking at putting in DC chargers right now as well as PLANNING COMMISSION MINUTES August 13, 2018 Page 8 electric buses, and he wanted to be proactive in looking at such aligned land uses and including them in the land use designation. IX. MEMBERS' REPORTS X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Kirk moved, seconded by Villarreal to adjourn the Planning Commission meeting. MOTION CARRIED 5-0. Chair Farr adjourned the meeting at 10:27 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 4, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—Transit IX.B. Janet Jeremiah/Angie Perera Oriented Development (TOD)/Town Center(TC) Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance to Amend City Code Section 11.26 and 11.27 to address the TOD and TC zoning district. Synopsis The proposed amendments provide consistency between the districts where appropriate. The proposed amendments in the TOD zoning district are primarily housekeeping items, providing more clarity with the current regulations and include minor modifications to definitions within the code. In the TC zoning district, more substantive amendments are being proposed including the addition of regulations for supplemental analysis or studies that may be required to address traffic impacts, traffic demand management, and parking as deemed necessary. Other proposed amendments to the TC zoning district include the addition of regulations for pedestrian and off- street bicycle facilities standards, and revisions to the landscaping regulations to provide clarity and consistency with the TOD district where appropriate. Background The City Code regulations for the Town Center (TC) district were adopted in 2007 and the Transit Oriented Development (TOD) district regulations were adopted in 2016. Both zoning districts are very similar. Both districts incorporate public amenities such as parks & plazas, art, landscaped streets, benches, sidewalks, trails, & connectivity. The TC and TOD districts are focused on enhancing people's experience with the streetscape and their surroundings. Although both zoning districts are very similar, they are intended to have their own identity with unique features. For instance, TOD is intended to be located closer to transit stations and primarily servicing transit users while the TC district is intended to have more of a walkable downtown feel and primarily servicing users in a more broad area. Due to the gap in timeframe from when these two codes were originally adopted, staff has reviewed and compared both ordinances and is recommending amendments to both zoning districts. The general purpose of the code amendment is to provide clarification and consistency where appropriate between the two zoning districts. Outreach Staff conducted outreach to the representatives of the Liberty Property Trust and the Evine Live properties since both representatives spoke during the public hearing process for the TOD ordinance in 2016. Staff provided both representatives draft copies of the proposed code amendments. In response, staff has received a comment letter dated 8/6/18 from Richard Weiblen, representing Liberty Property Trust. The letter is included for reference as an attachment with this staff report. Most of the comments included in the letter reflect existing city code regulations and do not pertain to the proposed code amendments. Planning Commission Recommendation At its August 13, 2018, meeting the Planning Commission voted 5-0 to recommend approval of the proposed code amendments subject to the information in the staff report dated August 8, 2018, upon reviewing and discussing all of the proposed changes in detail. The Planning Commission furthermore noted inconsistent spelling of the term "drive-through" and "drive- thru". Both the attached ordinance and the redlined draft amendment reflect the proposed change to include the term spelled only as "drive-thru". Attachments 1. Ordinance 2. Staff Report dated 08/08/18 3. Exhibit A—Redlined Changes to Section 11.26 & 11.27 4. Approved Planning Commission Minutes from 08/13/18 5. Letter dated 08/06/18 prepared by Richard Weiblen, Liberty Property Trust CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.26 RELATING TO TRANSIT ORIENTED DEVELOPMENT (TOD) AND 11.27 RELATING TO TC TOWN CENTER DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 11, Sections 11.26 and 11.27 are hereby amended in their entirety as follows: SECTION 11.26.TRANSIT ORIENTED DEVELOPMENT(TOD) Subd. 1.Purposes. The intent of the Transit Oriented Development(TOD)zoning ordinance is to provide for development of attractive, compact, pedestrian-friendly, high density, environmentally and economically sustainable, transit-oriented areas which allow a complementary mix of land uses.A TOD land use pattern supports transit system investments,optimizes development opportunities, and helps achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan.To support the intent of Transit Oriented Development(TOD),the specific purposes of the TOD zoning districts are to: A. Promote high density development within convenient walking and biking distance of a transit station, including increased residential densities,employee densities,and non-residential floor area ratios(FARs); B. Accommodate a complementary mix of market-supportive land uses including residential, office, public (buildings,plazas,open spaces),light industrial,and where appropriate,select commercial uses; C. Ensure building and site design is oriented to public spaces—streets,sidewalks,plazas,open spaces,and the transit station—and emphasizes a pedestrian-friendly environment; D. Support an urban design pattern that encourages active living—the integration of physical activity into daily routines and healthy mobility choices,including walking,biking,riding scooters,and rollerblading,and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit; E. Promote strategies and designs that decrease the need for parking,including compact/mixed-use development patterns, on-street parking,joint use parking, structured parking, access to transit and shuttle services,bike sharing,and car sharing; F. Incorporate public amenities such as parks and plazas, civic spaces, public art, landscaped streetscapes, benches, and sidewalks/trails that provide connections between development sites, transit, and the City's overall sidewalk/trail network; G. Incorporate urban design principles that promote the safety and comfort of residents,employees,visitors,and transit riders; H. Promote high quality and aesthetically attractive building forms that contribute to a positive City image,help to identify the unique characteristics of the location,and enhance the streetscape environment for pedestrians, bicyclists,transit riders,and vehicular drivers;and I. Incorporate sustainability practices relating to building lifespan such as reuse and recycling of materials, energy and water efficiency, storm water management, and economic resilience through lower operating costs. There are three(3)Transit Oriented Development(TOD)zoning districts: A. The TOD-Mixed Use (TOD-MU) district encourages high-density, mixed-use, and pedestrian-oriented development that supports transit usage. B. The TOD-Residential (TOD-R) district allows for moderate- to high-density residential development with some allowance for limited commercial uses. C. The TOD-Employment (TOD-E) district allows for moderate- to high-density office, light industrial and institutional development with some allowance for limited commercial uses. The individual TOD district standards are described in Subdivision 4. Subd.2.Definitions. A. Transit Oriented Development(TOD)is commonly described as a community or development that mixes residential, office, commercial and open space, and allows for convenient or direct access to public transportation. The design of TOD is specifically influenced by transit and focuses on walkability and connections to other sites as well as transit. B. 10-Minute Walkshed is the area surrounding each of an existing or planned commuter bus or light rail transit station that is accessible by walking within a 10-minute timeframe. C. Commercial Ready — a space constructed to meet a minimum ground floor height that accommodates retail/commercial use as established by City Code Chapter 11. The intent of Commercial Ready standard is to provide the flexibility to occupy ground floor space in accordance with market demand while allowing a future transition to retail/commercial uses as the market dictates. D. Pilaster is a shallow rectangular column placed on a building façade,typically as a decorative architectural element to provide articulation of the building façade. E. Ornamental grillwork is a decorative metal grate placed on a building façade to provide screening and architectural interest along a street front facade. F. Stacked Building is a multi-level structure comprised of single-floor or multi-floor units that are stacked vertically and connected with one or more shared entries. This building type is typically designed for residential,hospitality,or office uses. G. Attached Building is an individual structure on a parcel consisting of multiple similar units arranged side by side where each unit shares a common wall with the adjacent unit.All building entries are located at the ground level facing the primary street or facing a courtyard that is open to the street. H. Flex Building is a building designed to be versatile and may be used in combination with office, research and development,sales/showroom,industrial processing,distribution/warehousing,or high tech. I. Liner Building is a building designed to line the outside of a parking structure along a public street frontage with an active ground floor use.A liner building may also include active upper floors. J. Building Break—A recess in the building façade that provides facade articulation, creates the impression that one building is two or more buildings, incorporates a unique building element, and improves the building's overall composition and aesthetic.Minimum requirements for a building break are a depth of two (2)feet and a width of four(4)feet. K. Building Stepback—A setback of a building's upper floor(s)in order to reduce the building's bulk,articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level. L. Building Street Frontage—The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback.Corner lots must meet maximum front yard setback requirements for both public street frontages. M. Building Transparency—Openings in the street-facing façade of a building which are transparent,including windows and doors that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. N. Drive-Thru Facilities — Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces needed for waiting vehicles. Examples of drive-thru facilities include,but are not limited to, drive-up windows, menu boards, order boards or boxes,drive-in restaurants and drive-up banks. O. Ground Floor Height—measurement taken from floor to floor P. Joint Use Parking-A parking facility shared by two or more uses,tenants,or properties. Q. Mixed-Use Building—A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. R. Neighborhood Commercial — Small-scale retail stores and personal services primarily serving nearby residential areas and nearby businesses and their employees and small-scale specialty shops and services.No individual tenant space shall exceed 10,000 sq. ft. in area with the exception of grocery stores, which shall not exceed 25,000 sq. ft. in area.Drive-thru facilities are prohibited as a neighborhood commercial use. S. Flex Space: A use providing its occupants the flexibility of utilizing the space. Usually provides a configuration allowing a flexible amount of office or showroom space in combination with manufacturing, laboratory,warehouse distribution,etc. T. Visitor Parking:An off street,surface parking areas for motor vehicles that will be parked for short periods of time,and visiting within the Transit Oriented Development district.Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods. U. Public Open Space: A publicly or privately owned area designated for use by the public such as a park, trail,sidewalk or plaza that is accessible to the public. Subd.3.Applicability. A Transit-Oriented Development (TOD) district shall apply to property zoned under this Section. Any provisions contained in this Section 11.26, which are inconsistent with or are in conflict with any other provision of the City Code shall supersede such other provisions. Such properties will generally be within a 10-minute walkshed(the area within a 10-minute walking distance, or roughly a half-mile) of an existing or planned commuter bus or light rail transit station consistent with the Comprehensive Guide Plan. Nonconformities are governed under Minnesota Statutes 462.357,Subdivision 1.e. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process set out in City Code Chapter 11. Subd.4.District Development Standards. The following tables and diagrams include development standards for each of the three TOD zoning districts and are intended to illustrate the desired character,form,and scale of development within each district.Additional standards and required conditions that apply across all of the TOD zoning districts are addressed in Subdivisions 5 through 9 of this section. A. Development Standards: Transit Oriented Development-Mixed Use(TOD-MU). STATEMENT OF POLICY: The TOD-Mixed Use (TOD-MU) district encourages high- density, mixed-use, and pedestrian-oriented development that supports transit usage. The TOD-MU district is intended to generally be applied closest to the transit station.Buildings are mid- to high-rise structures with active ground floor uses. A mix of office, residential, hotel, and institutional uses, along with ground floor shops, services, and restaurants encourage activity throughout the day, and provide residents, visitors, transit riders, and employees with amenities and services that support their day-to-day needs within convenient walking distance. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-MU District. The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram - TOD MU District T f ` ray , ; l ,f' i' b.w. �. --e ' Transit 74e �4[1 �r ® ®®i �y � Station a°°m� i � �Z �a ASAP.` '� � 5 A° If ` t m�mm® fi mm y , \ � mm0m @mmQ ,m m°`p M6da�,�S$ m mm Rm ,4 �. mmmm °?s;`. l 1,4 mmmm i,„ mm ' ': IC / /i o \ m - °ii %Im m' ‘immmgy a nm e / ri 7, Land Use Character and Built Form - TOD MU District �•,e ei 1 oL,. \ ap y „ n Imo' , - " :�-- MW Continuous N I i r ��V� I Po 1,1 Q 7,1�TC ■ a y ` Ilia . Street Wall 1 I a i ` T� L - w 11 i ; M * it ■ fir Active Grou Oct M a ■ M x:,. Floor Uses rl. i:: Clear Awnings Wndows �-$1 _{ Mi Shall.• Liner Building with =G= -p Setbacks Active Ground Floor District Diagram,Land Use Character and Built Form Description: The TOD MU district features a high-density development pattern with stacked mixed-use buildings. Requirements for street-fronted architecture,minimal setbacks,and active ground floor uses contribute to a more safe and walkable street environment.To that end, parking is predominantly provided in structured or underground parking and is located away from primary transit streets. Permitted Uses—TOD-MU District Performance Standards Commercial 1. The ground floor in all buildings in the mixed use district - Neighborhood commercial shall be commercial along the primary transit street and - Restaurants and food service commercial ready along the secondary transit street. - Hotels/Hospitality/Lodging 2.Drive-thrus are only allowed when the drive-thru lanes are - Day care facility internally located within the parking structure. Office Business and professional offices and clinics 3. Neighborhood Commercial individual tenant space shall Day care facility not exceed 10,000 sq.ft.in area with the exception of grocery Residential stores,which shall not exceed 25,000 sq. ft. in area. - Multiple-Family Dwellings Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-MU District Use #of spaces(min) #of spaces(max) Multiple-Family Residential 1/dwelling unit(d.u.) 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq. ft Gross Floor Area 5/1,000 sq.ft(G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq. ft(G.F.A.) 5/1000 sq.ft(G.F.A.) Hotel 1/guest room+ 1/employee None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Performance Standards 1. All off-street parking in the TOD-MU District shall be provided in an enclosed building or structure except as follows: residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements may be reduced if the applicant can demonstrate meeting the requirement through joint use, district, off-site, or on-street See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space. If no upper floor uses are present the ramp must be appropriately screened as required in Subdivision 6. 4. For new development occurring within the TOD Districts, on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD MU District 0 0 IIlIIIII111 III II II Ilk P. Uk�l !I 11 II II II Il - -- i El DIJ IMI II Density Standards-TOD MU District Performance Standards. Floor Area Ratio(FAR) 1.5 min 1. Parking structures shall not be included in calculation of number of floors and FAR. Residential Density 40 dwelling units/acre min 2. The above diagram is intended to show the Lot Standards-TOD MU District proportion of usable open space required,but not the exact location or distribution. See Subdivision 8 for Lot Size None more requirements on usable open space. (a)Lot Width 50 ft min (b)Lot Depth 100 ft min 3.Buildings exceeding 40 feet in width along a street are required to incorporate articulation in street- (c)Front Yard Setback(ft)6 0 min; 10 max facing façades. Articulation includes recesses in the (d)Side Yard Setback(ft) 0 min building facade,material changes, or other methods of building articulation that break down the scale of (e)Rear Yard Setback(ft) 0 min large buildings and create visual interest. (g)Usable Outdoor Open Space 2 7%min 4. Commercial Use ground floor windows facing a primary transit street shall not preclude visibility. Impervious Surface Coverage 90%max 5. Within the Commercial Use all buildings shall Building Standards-TOD MU District have a primary entrance facing a public sidewalk or (h) Street Frontage 75%min public open space. Building entrances must be provided at least every sixty (60) feet along the (f)Total Height(#of floors)1 4 min,max limited by primary transit street-facing facade of the building. language in the 6. Front Yard Setbacks may be increased if outdoor Comprehensive Plan dining or usable open space is proposed as part of a Planned Unit Development. Notwithstanding the (i)Ground Floor Height 12 ft min diagram awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs or bicycle (j)Upper Floors Stepback(street 8 ft min parking,etc. shall not project into the public right of facades only) (above 4 floors) way. (k)Façade Articulation(street every 40 ft max facades only)3 (1)Ground Floor Transparency 60%min (street facades only)4 Entry Spacing 6 60 ft(applicable to Commercial Uses only B. Development Standards: Transit Oriented Development-Residential(TOD-R). STATEMENT OF POLICY: The Transit Oriented Development — Residential (TOD-R) district allows for a mix moderate to high-density housing, including stacked and attached residential building types, as well as limited mixed-use development. Land uses in the TOD- R district shall be residential with a small amount commercial uses (ground floor retail, services, and restaurants) that support the day-to-day needs of residents. The TOD-R district shall generally be applied farther out from the transit station and provides more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-R District. The diagrams set out below are intended to illustrate the application of the above statement of policy. These higher density housing types, both rental and ownership, shall be designed to optimize the district's walkable access to retail, services, restaurants, parks and trails, transit and community facilities. Buildings shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur. District Diagram- TOD R District y��B) - littit,,,, - � __:„...,=:_., ' "lam % ,,,r, otO W,RI I �\ ,,.._,„, „.1., ,,434 P.4::IN,I, '-,„- °'-,9 �R , 01_ - 1 I I, !(�- / � ,,„e.7. ,�• . ?� - Nib _` C �/y I �.,.-\ ° a s4 w i.,.. I`6 a P I( ,,, i Land Use Character and Built Form - TOD R District 6' 4 !II IIIfI{�8[� p li pp, 1dV 11 fildPIIPP1 n ill 111.11r0 11 Aar �1II VV $it ,IV -' �` V III I1�II} ,,i 1 11 SI Q J• 1/1 jj1 \` Q }I V o,, r m 0 �I® Y-rl 11 � N� Y �illi 1/� 1/1 .La` - District Diagram,Land Use Character and Built Form Description: The TOD-R district features stacked and attached residential building types,as well as mixed-use building with active ground-floor uses.Requirements for street-fronted architecture and structured parking contribute to a more safe and walkable street environment.Slightly deeper setbacks allow for additional landscaping, gardens, and small front or side yards. Street-facing architectural details such as porches, stoops, and balconies encourage social interaction and contribute to the safety and comfort of the public realm. Permitted Uses—TOD-R District Permitted Uses Performance Standards Commercial 1. All commercial uses shall be limited to the street level - Neighborhood commercial floor of a building along primary transit streets. - Restaurants and food service - Day care facility 2.Neighborhood Commercial individual tenant space shall Office not exceed 10,000 sq. ft. in area with the exception of Business and professional offices and clinics grocery stores,which shall not exceed 25,000 sq.ft.in area. - Day care facility Residential 3. Drive-thrus are only allowed when the drive-thru lanes Multiple-Family Dwellings are internally located within the parking structure. Public - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-R District #of spaces(m' #of spaces(max) Multiple-Family Residential 1 per dwelling unit 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq. ft(G.F.A.) 5/1,000 sq.ft(G.F.A.) Restaurant 1/3 seats '/2.5 seats Office 3/1,000 sq. ft(G.F.A.) 5/1000 sq.ft Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Performance Standards 1. All off-street parking in the TOD-R sub-district shall be provided in an enclosed building or structure except as follows: Residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened—as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements if reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD R District e I - pn !! !! 0 1 '� a !! o f k 7 i u"N !l 0 II ors _I i og 'I� n .� ■. m n fi , """'"""-------_—.L.-11 . !N! !I 1 _ t CI]1 1- [ �! -� 4 óY ° -- = • o 6 -,J Density Standards-TOD R District Performance Standards Residential Density 25 dwelling units/acre 1. Parking structures shall not be included in min calculation of number of floors and FAR. Lot Standards-TOD R District 2. The above diagram is intended to show the Lot Size None proportion of usable open space required, but not the exact location or distribution. See Subdivision 8 for (a)Lot Width 50 ft min more requirements on usable open space. (b)Lot Depth 100 ft min 3. Buildings exceeding 30 feet in width along a street are required to incorporate articulation in street-facing (c)Front Yard Setback(ft)6 0 min;20 max façades. Articulation includes recesses in the building façade,material changes,or other methods of building (d)Side Yard Setback(ft) 10 min articulation that break down the scale of large buildings and create visual interest. (e)Rear Yard Setback(ft) 20 min (g)Usable Outdoor Open Space 2 10%min 4. Commercial Use ground floor windows facing a primary transit street shall not preclude visibility. Impervious Surface Coverage 75%max 5.Within the Commercial Use all buildings shall have Building Standards-TOD R District a primary entrance facing a public sidewalk or public open space. Building entrances must be provided at (h) Street Frontage 60%min least every sixty (60) feet along the primary transit (f)Total Height(#of floors)1 2 min,max is limited street-facing facade of the building. by language in the Comprehensive Plan 6. Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development. Notwithstanding the diagram awnings, decks, overhangs, stairs, steps, (i)Ground Floor Height 10 ft min retaining walls and structures,signs or bicycle parking, etc. shall not project into the public right of way. (j)Upper Floors Stepback(street 8 ft min facades only) (a building step back is required above 4 floors and encouraged below 4 floors) (k)Façade Articulation(street Every 30 feet facades only)3 (1)Ground Floor Transparency 40%min (street facades only)4 Entry Spacing 5 60 ft(applicable to Commercial Uses only) C. Development Standards: Transit Oriented Development-Employment(TOD-E). STATEMENT OF POLICY: The Transit Oriented Development—Employment(TOD-E)district allows for a mix of moderate-to high-density office,light industrial and institutional development with some allowance for limited commercial uses. The TOD-E district allows stacked office and mixed use buildings as well as multi-story flex buildings that can accommodate a range of living wage employment opportunities at higher densities.Retail, services, and showrooms are allowed in the district but limited to smaller scale businesses that support the needs of district employees or complement existing light industrial or office uses.The TOD- E district would generally be applied farther out from the transit station and provide more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design. The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram- TOD E District i i of'; \ �, \ 1 19Rie.. . ei I +e ZN - /�\i-,t,Niip J \e i�� 0 ..A �... 4a ryl ',. /'.. Land Use Character and Built Form - TOD E District riiin 4,',',"':": .r N N© r_�M-aq_ r f �� l �/�r ���� � j »���A � 4� p i I1� ! IPli �fO Ow �A , 4 . I iio °�11, _ Or ° I00 �t 1 q dq ripu1 � i B 11001� ..%1 . ./.11%11%.%.v..< i 0°S'''' -- District Diagram, Land Use Character and Built Form Description: The TOD-E district features stacked office and mixed use buildings,as well as multistory flex buildings.Requirements for street-fronted architecture contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping, plazas, and other types of open space. Street adjacent features such as a canopy,awnings,plazas,and courtyards create a safe and welcoming environment. Permitted Uses—TOD-E District Permitted Uses Performance Standards Commercial 1. The ground floor in all buildings in the TOD-E district - Neighborhood commercial shall be commercial ready along the primary transit street. - Restaurants and food service - Day care facility 2.Neighborhood Commercial individual tenant space shall not exceed 10,000 sq. ft. in area with the exception of Office grocery stores,which shall not exceed 25,000 sq.ft.in area. - Business and professional offices and clinics 3. Drive-thrus are only allowed when the drive-thru lanes - Day care facility are internally located within the parking structure. Light Industrial 4. Warehouse and Distribution shall be permitted in the - Manufacturing Light Industrial district as an accessory use. Warehouse and - Research and design Distribution shall not exceed 15% of the Gross Floor Area - Wholesale of a structure. - Processing - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-E District 0 • • #of spaces(1. M spaces(max) Retail Stores&Services 3/1,000 sq.ft(G.F.A.) 5/1,000 sq.ft(G.F.A.) Restaurant 1/3 seats '/2.5 seats Office 3/1,000 sq.ft(G.F.A.) 5/1000 sq.ft(G.F.A.) Others As determined by site plan review.A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Performance Standards 1.All off-street parking in the TOD-E District shall be provided in an enclosed building or structure except as follows: visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD E District 0 lap OR Tu. 0 iiii 1111111111. EfffFIff jo M�Ni -�i ® _ 1 ii:i ..ii } 0 ! - 0 -• 4 Density Standards-TOD E District Performance Standards Floor Area Ratio(FAR) .5 min 1. Parking structures shall not be included in calculation of number of floors and FAR. Lot Standards-TOD E District 2. The above diagram is intended to show the Lot Size None proportion of usable open space required, but not the exact location or distribution. See Subdivision 8 for (a)Lot Width 100 ft min more requirements on usable open space. (b)Lot Depth 100 ft min 3. Buildings exceeding 50 feet in width along a street are required to incorporate articulation in street-facing (c)Front Yard Setback(ft)6 0 min;20 max façades. Articulation includes recesses in the building façade,material changes, or other methods of building (d)Side Yard Setback(ft) 20 min articulation that break down the scale of large buildings and create visual interest. (e) Rear Yard Setback(ft) 20 min 4. Commercial Use ground floor windows facing a (g)Usable Outdoor Open Space 2 5%min primary transit street shall not preclude visibility. Impervious Surface Coverage 75%max 5. Within the Commercial Use all buildings shall have Building Standards-TOD E District a primary entrance facing a public sidewalk or public open space. Building entrances must be provided at (h) Street Frontage 60%min least every sixty (60) feet along the primary transit street-facing facade of the building. (f)Total Height(#of floors)1 2 min,max is limited 6. Front Yard Setbacks may be increased if outdoor by language in the dining or usable open space is proposed as part of a Comprehensive Plan Planned Unit Development. Notwithstanding the (i)Ground Floor Height 48 12 ft min diagram awnings, decks, overhangs, stairs, steps, retaining walls and structures,signs or bicycle parking, (j)Upper Floors Stepback(street 8 ft min etc. shall not project into the public right of way. facades only) (a building step back is required above 4 floors and encouraged below 4 floors) (k)Façade Articulation(street Every 50 feet facades only)3 (1)Ground Floor Transparency 60%min (street facades only)4 Entry Spacing 5 60 ft (applicable to Commercial Uses only) Subd.5.Building Standards. All buildings shall provide pedestrian-oriented design features along streets, sidewalks, pedestrian ways, and pedestrian areas. Buildings and developments shall comply with the following standards for building design and pedestrian orientation: A. Buildings shall have a primary entrance facing a public sidewalk or public open space. B. Primary building entrances shall be architecturally emphasized and highly visible from the street, sidewalk, or pedestrian way, utilizing design features such as protruding or recessed entryways, awnings, canopies, pillars,unique building materials and/or architectural details.Residential buildings shall incorporate elements such as porches,stoops,and balconies that enhance the safety and comfort of the public realm. C. Buildings are required to incorporate articulation in street-facing façades that improves the building's overall composition and aesthetic,and contributes to a more aesthetically and visually interesting and walkable street environment. Articulation includes recesses in the building facade, material changes, or other methods of building articulation that break down the perceived scale of the building or create visual interest. Subd. 6. Off-Street Vehicle Parking Standards. A. Parking structures shall be located behind buildings or located along secondary streets. B. Parking structure facades visible from public streets and public open space shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements,and color.Parking structures shall include architectural elements that enhance the structure,break up its mass, and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters,banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, façade treatment variations,and locating tenant signs on the side of parking ramps. C. Parking structures may also incorporate liner buildings that screen the parking structure with active street- level uses. Liner building may include upper floor uses,or may utilize appropriate architectural elements as described above. Subd.7.Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Comprehensive Guide Plan and/or the City Pedestrian and Bicycle Plan. Design shall conform to the requirements of the City Engineer,Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front door of the building to adjacent public sidewalks or trails that are either existing or part contemplated in an approved city trail plan or Capital Improvement Plan. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy and at the time of enlargement of a structure: 1. Office-minimum of 10 spaces,plus 1 space per 7,500 square feet of gross floor area. 2. Commercial—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 3. Public—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 4. Light Industrial—minimum of 10 spaces,plus 1 space per 10,000 square feet of gross floor area. 5. Residential- 1 space per 2 dwelling units. D. Location. Bicycle parking shall be located within 50 feet of the primary building entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub. 7.G. E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal,but all temporary or seasonal bicycle parking shall be included within the Proof of Bicycle Parking Plan. F. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty (50) percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures, or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The applicant shall demonstrate meeting the requirement through a joint use,district or shared parking agreement. H. Proof of Bicycle Parking. If the applicant demonstrates that the required bicycle parking is in excess of the actual demand, all of the required bicycle parking need not be constructed prior to the issuance of the initial certificate of occupancy for the building being served. Any spaces not constructed,as shown on the site plan, shall be constructed when determined necessary by the City Planner. The area of future parking shall be landscaped,which,landscaping shall not be used to satisfy landscaping requirements. The City Planner shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces.No more than 50 percent of bicycle parking stalls shall be placed in proof of bicycle parking. Subd.8.Landscaping and Open Space Standards. A. All sites and buildings within the TOD district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City Code, except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total Caliper Inches Required. The following standards apply within the TOD district in lieu of said Items 4.(a)and 4.(b): 1. Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight(8)feet in height. 2. Total Caliper Inches Required: Sites with up to 5 acres of on-site pervious area require a minimum of three (3) caliper inches of trees for every 500 square feet of the on-site pervious surface area. Sites with 5 acres or greater of on-site pervious area require a minimum of three(3)caliper inches of trees for every 750 square feet of the on-site pervious area.Pervious pavement areas,green roofs, and undevelopable areas including but not limited to: wetlands,floodways,archeological resource areas,and water bodies are excluded from the on-site pervious surface area calculation. 3. Planting beds and/or decorative planting containers may replace up to 50%of the required caliper inches for trees at a rate of three(3)caliper inches of trees per 500 square feet of cumulative planting beds and/or decorative planting containers. 4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs,ornamental grasses,ground cover,vines,annuals,or perennials to provide year round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 6. Eco-grass, green roofs, rooftop gardens, limiting irrigation through xeriscaping and rainwater collection and reuse, public art, and other sustainable practices related to landscaping may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. B. Due to the urban character of the TOD District, less landscaping space will be available typically than in other zoning districts. Therefore a higher level of landscaping design detail is required for the concentrated open space, pervious surface areas, plazas, planters, screening areas and streetscape areas. Examples of a higher level of landscaping design include rooftop gardens and green roofs,both of which are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Other privately owned amenities are encouraged,such as plazas,courtyards,fountains,outdoor art,roof top gardens and green roofs,and other decorative elements. C. The following privately owned and maintained Usable Open Space forms are permitted to meet the requirements for usable outdoor open space: 1. Pocket Park:A Pocket Park is an open space of no less than .05 acres in size that is available for recreation. A Pocket Park may be spatially defined by landscaping rather than building frontages and may be linear in form or shape.A pocket park may consist of a landscaped and maintained lawn, trees,and seating areas that are naturalistically disposed. 2. Square:An open space available for passive recreation and civic purposes. A Square Usable open Space is spatially defined by building frontages. Its landscape shall consist of paths, lawns, trees, hardscape, and public art formally disposed. Square Usable Open Spaces shall be located at the intersection of important main streets.There shall be no minimum size for a square. 3. Plaza:An open space available for public use, community events, and/or commercial activities. A Plaza Usable Open Space shall be spatially defined by building frontages.Its landscape shall consist primarily of hardscape,plantings,public art,and trees.There shall be no minimum size for a Plaza. 4. Play Area: An open space designed and equipped for the recreation of children. A Play Area shall be fenced and may include an open shelter. Play areas shall be interspersed within residential or mixed use areas and may be placed within a block. Play areas may be included within parks and greens. There shall be no minimum or maximum size. 5. Pedestrian way:Natural or landscaped walking paths and running trails. D. The following shall not constitute Useable Open Space: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile landscaping around buildings, sidewalks and parking areas; required minimum building setback areas; yards associated with private dwellings; or outdoor areas that prohibit public or tenant access during normal business hours. Alternative useable open space areas may be considered as counting toward a portion of the useable open space requirement of this section as determined through the PUD process. Subd.9.Supplemental Analysis or Study. A. Traffic. All development and zoning projects in the TOD District require documentation of the expected traffic impacts of the development. The scope extent of the traffic analysis is dependent on several factors including the size,type, and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications, regardless of size, shall document the size and type of the proposed development and provide Daily, AM Peak, and PM Peak traffic generation estimates for the development. B. Travel Demand Management(TDM). All development applications for office and light industrial uses shall include a Travel Demand Management (TDM) plan. The plan shall document TDM measures to be implemented, a two year budget, and an evaluation plan. TDM strategies that shall be considered in the TDM plan include, but are not limited to, financial incentives for carpoolers,vanpoolers and bicyclists,subsidized transit passes,preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and lockers, and promotion of commuter programs. As a condition of approval a TDM cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100%of the cost of implementing the first two years of the TDM Plan will be required. All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships,subsidized transit passes,and an information kiosk onsite. C. Parking. All zoning and development projects in the TOD District require documentation of the parking plan for the project site including the number of required parking spaces, the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by—case basis as part of the development review process. Based on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted prior to application and early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 10. Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K) of Chapter 11 of the City Code. Subd. 11. Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70. Subd. 12. Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03. Subd. 13. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities standards in Section 11.03 Subd 3(I),Trash and Recycling standards in Section 11.03, Subd. 3(M), and Wastes standards in Section 11.03 Subd 4(F) of Chapter 11 of the City Code. Subd. 14. Tree Replacement. Property within the TOD zoning districts shall be exempt from the Tree Replacement Plan Requirements provided in Section 11.55, Subd.4. SECTION 11.27. TC TOWN CENTER DISTRICT. Subd. 1. Purposes. The intent of the Town Center(TC) zoning district is to provide an area for development of an attractive, compact, walkable, mixed-use town center that creates a live/work/play environment for the community. To support the intent of the Town Center, the purposes of the TC zoning district are to: A. Provide a mix of higher density regional uses, vertical mixed uses, more housing within walking distance of services, and a more efficient, compact and connected development pattern; B. Incorporate connections between the various land uses; including pedestrian, street and visual; C. Incorporate civic amenities such as urban parks and plazas, civic and cultural spaces, sidewalks and trails, and landscaped streetscapes; D. Promote strategies and designs that decrease the need for parking, including compact/mixed—use development patterns, on-street parking,joint use parking, structured parking, access to transit and shuttle services,bike sharing, and car sharing; E. Locate and design buildings that are oriented to public spaces,including streets, sidewalks, plazas and open spaces, to create the feel and function of a traditional town center and to emphasize a pedestrian oriented environment; and F. Encourage non-automobile access and circulation, including transit, walking and biking. G. Support an urban design pattern that encourages active living—the integration of physical activity into daily routines and healthy mobility choices, including walking, biking, riding scooters, and rollerblading, and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit. The standards applicable to the TC zoning district are intended to implement the vision, goals and principles established in the Eden Prairie Major Center Area Framework Plan and Major Center Area Planning Principles and the Town Center Design Guidelines, which will be carried out through specific standards related to land use mix, site planning, building bulk & dimensions, architecture, building materials, transportation access,parking, landscaping, signage and lighting. Subd. 2. Definitions. The following terms, as used in this Section, shall have the following meanings: A. "Building Break"—A recess in the building facade that provides facade articulation,creates the impression that one building is two or more buildings, incorporates a unique building element, and improves the building's overall composition and aesthetic. Minimum requirements for a building break are a depth of two (2) feet and a width of four(4) feet. B. "Building Stepback" — A setback of a building's upper floor(s) in order to reduce the building's bulk, articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level. C. "Building Street Frontage" — The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback. Corner lots must meet maximum front yard setback requirements for both public street frontages. D. "Building Transparency" — Openings in the street-facing façade of a building which are transparent, including windows and doors, that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. E. "Community Commercial" — Medium-scale retail stores and personal services primarily serving the residents and employees of the community. No individual building or tenant space shall exceed 60,000 sq. ft. in area. F. "Drive-thru Facilities" — Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces needed for waiting vehicles. Examples of drive-thru facilities include, but are not limited to, drive-up windows, menu boards, order boards or boxes, drive-in restaurants and drive-up banks. G. "Ground Floor Height"—measurement taken from floor to floor H. "Joint Use Parking" -A parking facility shared by two or more uses, tenants or properties. I. "Mixed-Use Building" — A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. J. "Neighborhood Commercial" — Small-scale retail stores and personal services primarily serving nearby residential areas and nearby businesses and their employees and small-scale specialty shops and services that contribute to the uniqueness and vibrancy of Town Center and may attract a larger trade area. No individual tenant space shall exceed 10,000 sq. ft. in area with the exception of grocery stores, which shall not exceed 25,000 sq. ft. in area. Drive-thru facilities are prohibited as a neighborhood commercial use. K. "Public Open Space"—a publicly or privately owned area such as a park,trail, sidewalk or plaza that is accessible to the public. L. "Usable Outdoor Open Space"—Planned and improved outdoor facilities and open spaces that provide active or passive recreational,relaxation or gathering opportunities, including, but not limited to, any one or more of the following: parks; plazas; play areas; maintained and landscaped lawn with trees and seating areas; natural or landscaped walking paths and running trails; pedestrian spaces; publicly accessible natural or wildlife viewing areas; gardens; ponds and water features; and other similar environments. Usable outdoor open space shall not include: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile landscaping around buildings, sidewalks and parking areas; required minimum building setback areas; yards associated with private dwellings; or outdoor areas that prohibit public or resident access during normal business hours for the area. No areas of usable open space shall contain less than 2,000 contiguous square feet. Usable open space in Mixed Use and Commercial sub- districts should be located near primary building entrances and be accessible by the public from a public sidewalk or streetscape area at least during normal business hours of the surrounding area. M. "Visitor Parking" - An off street, surface parking area for motor vehicles that will be parked for short periods of time, and visiting within the Town Center district. Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods. Subd. 3. Sub-Districts. The TC zoning district is divided into three (3) sub-districts: A. Town Center Mixed Use (TC-MU): Town Center Mixed-use requires higher intensity vertical mixed-use buildings with ground floor retail shops, services and restaurants that front onto Town Center's "Main Streets" and are pedestrian-oriented. In order to support a live/work/play environment,the upper floors shall be primarily residential uses,both rental and ownership housing, with a minimal amount of office uses allowed. B. Town Center Residential(TC-R): Town Center Residential allows a mix of stacked housing types including high density high-rise residential and high density mid-rise residential. These higher density housing types, both rental and ownership, shall be designed to optimize the district's walkable access to retail,services,restaurants,parks and trails,transit and community facilities. High rise buildings shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur. C. Town Center Commercial (TC-C): Town Center Commercial allows a mix of lower intensity commercial uses including community retail, services,restaurants, entertainment, office, and hospitality/lodging. Site layout, building design and parking strategies shall support the compact and pedestrian-oriented character of the district. Subd. 4. Design Guidelines. All new development, redevelopment and subdivisions within the Town Center district shall be in substantial conformance with the Town Center Design Guidelines. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review process for conformance with the City Codes and the Design Guidelines. Subd. 5. Permitted Uses. Table 1 establishes the permitted and accessory uses in the TC zoning district. Table 1: Permitted Uses in Town Center District(Permitted=P, Accessory=A) Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru P P facilities Business and professional offices and clinics Al P Hotels P Day care facility P P Antennas and Towers, in those locations and P subject to the limitations contained in City Code Section 11.06. Residential High-rise multiple-family attached dwelling P units with minimum gross density of 60 units per acre Mid-rise multiple-family attached dwelling P units with minimum gross density of 40 units per acre Antennas and Towers, in those locations and P subject to the limitations contained in City Code Section 11.06. Mixed-Use Mid-rise multiple-family attached dwelling P units w/ground floor retail/restaurant/services2 Multi-story office w/ground floor P retail/restaurant/services2 Day care facility P P Antennas and Towers, in those locations and P subject to the limitations contained in City Code Section 11.06. Public Public Infrastructure P P P Libraries P P Parks P P P Transit facilities P P 1 Business and professional offices and clinics shall be located in mixed-use building, shall not be located on the ground floor and shall not occupy more than 25% of upper floors' gross square footage. 2 Ground floor uses with street frontage shall be 100%retail, restaurant and/or services. Source: Ordinance No. 2-2017 Effective Date: 3-16-2017 Subd. 6. Permitted Building Types. The following building types are established as the only types of new buildings allowed within the TC district. A. Building Type A, Vertical Mixed-Use Residential/Commercial. Type A buildings shall have retail, restaurant and/or service uses on the ground floor with residential on the upper floors. Parking may be included below or above the ground floor. B. Building Type B, Vertical Mixed-Use Office/Commercial. C. Building Type C, High-Rise Residential. D. Building Type D, Mid-Rise Residential. E. Building Type E, Entertainment/Restaurant/Services. Type E buildings may include entertainment, restaurant and/or services uses F. Building Type F, Hospitality/Lodging. G. Building Type G, Community Retail. H. Building Type H, Parking Structure. Table 2 establishes where the permitted building types can be located within the Town Center district. Table 2: Permitted Building Types in Town Center District Building Type TC-MU TC-R TC-C Type A P Type B P Type C P Type D P TypeE P Type F P Type G P Type H P P P Subd. 7. Required Conditions. A. Zoning applications will be considered only on the basis of the Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. B. Nonconformities are governed under Minnesota Statutes 462.357, Subdivision 1.e. C. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process as set out in City Code Chapter 11. D. Any provisions contained in Section 11.27, which are inconsistent with or are in conflict with any other provision of the City Code shall supersede such other provisions. E. All zoning and development applications must include a trip generation analysis that indicates the traffic impacts on the overall Major Center Area (MCA) and demonstrates that the proposed development is not in conflict with the MCA traffic model. F. Acceptable, approved sanitary sewer and water services must be provided to all occupied structures. Subd. 8. Building Bulk&Dimension Standards. Table 3 establishes specific bulk and dimension standards for new buildings in the Town Center District. Table 3: Building Bulk& Dimension Standards for Town Center District Standard TC-MU TC-R TC-C Lot Size None None None Lot Width 50 ft min 50 ft min 50 ft min Lot Depth 100 ft min 100 ft min 100 ft min Front Yard Setback 0 min 10 max 10 min 20 max 0 min 15 max (ft)4 Side Yard Setback 0 min 10 min 5 min (ft) Rear Yard Setback 0 min 20 min 10 min (ft) Building Height' 4 min 6 max 4 min 10 max 1 min 3 max2 (#of floors) Building Footprint 50%min 75% 40% min 60% 30%min 50% Coverage max max max Floor Area Ratio 2.25 max 2.25 max 0.5 max2 (FAR)' Building Street 75%min 60% min 50% min Frontage Impervious Surface 90% max 75% max 75% max Coverage Ground Floor Height 12 ft min None 12 ft min Street Façade 8 ft min 8 ft min N/A Building Stepback (above 4 floors) (above 6 floors) Street Façade 20% min 15% min 15%min Building Breaks3 Street Level 60%min 20%min 40%min Frontage Transparency Usable Outdoor 5%min 10%min N/A Open Space 'Parking structures shall not be included in calculation of#of Floors, FAR and Building Footprint Coverage. 2 Maximum building height and maximum FAR may be exceeded for permitted hotel, lodging and entertainment uses, when the peak period trips generated is in compliance with the MCA traffic model. 3 Buildings exceeding 40 feet in width along a street are required to incorporate building breaks in the street façade that break the building into smaller facades, which may be a maximum of 40 feet in width. 4 Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development. Awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs or bicycle parking, etc. shall not project into the public right of way. Subd. 9. Non-Residential Building Orientation to Street and Pedestrian Areas. All new mixed-use and commercial buildings shall provide a variety of active uses and pedestrian-oriented design features along streets and pedestrian areas. These design features include,but are not limited to, the use of multiple storefronts or businesses, multiple entrances into large single-tenant buildings, and design treatments of facades, entrances, windows, and other similar features. Buildings and developments shall comply with the following standards for building orientation: A. All new buildings shall have primary entrance doors facing a public sidewalk or public open space and spaced no more than sixty(60) feet apart. A primary entrance is defined as a principal entrance through which people enter the building. A building or individual business may have more than one primary entrance. Building entrances may include doors to individual businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of stores. Primary entrances shall be open to the public during all business hours. B. Primary building entrances shall be architecturally emphasized and visible from the street. Primary building entrances shall be clearly defined and highly visible utilizing design features such as awnings, canopies, pillars, unique building materials and/or architectural details. C. A minimum percentage of a mixed-use and commercial building's street-facing ground level façade between two (2) feet and eight (8) feet in height shall be comprised of clear windows,as specified in the Street Level Frontage Transparency standard in Table 3 above, in order to allow views of indoor non-residential space or product display areas. Required windows shall have a sill no higher than four(4) feet above the adjacent sidewalk. Subd. 10. Off-Street Vehicle Parking Standards. A. Due to the more urban pedestrian oriented character of the Town Center area, the location and quantity of off-street parking spaces will be reviewed on a case-by-case basis as part of the development review process. In general, the intent is for developments to provide a reduced number of off-street parking spaces to account for availability of joint and shared- use parking,parking efficiencies resulting from a compact mixed-use development pattern, on-street parking, transit, walking and bicycling. Off-street parking facilities shall be provided as established in Table 4 or as determined through the development review process, recognizing the potential for district, shared and public parking. Table 4 establishes minimum and maximum off-street parking standards for uses within the Town Center district. Table 4: Off-Street Parking Space Standards for Town Center District Use TC-MU TC-R TC-C (# of spaces) (# of spaces) (# of spaces) Minimu Maximum Minimu Maximum Minimum Maximu m m m Multiple- 1/ 1/bedroom 1/- 1/ N/A N/A Family dwelling dwelling bedroom Residential unit unit Retail 3/1,000 5/1,000 N/A N/A 3/1,000 5/1,000 Stores & sq. ft. sq. ft sq. ft. sq. ft. Services (G.F.A.) (G.F.A.) (G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats N/A N/A 1/3 seats 1 / 2.5seats Office 3/1,000 4/1,000 N/A N/A 3/1,000 sq. 5/1,000 sq. ft. sq. ft. ft. (G.F.A.) sq. ft. (G.F.A.) (G.F.A.) (G.F.A.) Hotel N/A N/A N/A N/A 1/guest room N/A +1/employee Visitor N/A 1/5 dwelling N/A 1/5 N/A N/A units dwelling units Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. I B. On-site parking is prohibited in the front yard directly in front of a building, except for frontage along Highway 212. Parking shall be provided to the rear or side of buildings. C. All parking in the TC-MU sub-district shall be in a parking structure or on the street. D. All off-street parking for residents in the TC-R sub-district shall be provided in an enclosed building or structure. E. Parking structure facades visible from public streets and public open spaces shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements, and color. Parking structures shall include architectural elements that enhance the structure, break up its mass, and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, façade treatment variations, and locating tenant signs on the side of parking ramps. F. Parking structures may also incorporate liner buildings that screen the parking structure with active street-level uses. Liner building may include upper floor uses or may utilize appropriate architectural elements as described above. G. The location and design of off-street parking will be reviewed on a case-by—case basis as part of the development review process. Off-street parking requirements may be reduced if the applicant demonstrates meeting the requirement through join use, district, off-site, or on-street parking. H. Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space. If no upper floor uses are present the ramp must be appropriately screened as required. I. For new development occurring within the TC Districts, on-street parking along the uses's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. J. Parking structures shall not be included in calculation of number of floors and FAR. Subd. 11. Supplemental Analysis or Study. A. Traffic. All development and zoning projects in the TC District require documentation of the expected traffic impacts of the development. The scope of the traffic analysis is dependent on several factors including the size,type, and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of the traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications, regardless of size, shall document the size and type of the proposed development and provide Daily, AM Peak, and PM Peak traffic generation estimates for the development. B. Traffic Demand Management(TDM).All development applications for office uses shall include a Travel Demand Management (TDM) plan. The plan shall document TDM measures to be implemented, a two year budget, and an evaluation plan. TDM strategies that should be considered in the TDM plan include, but are not limited to, financial incentives for car poolers,van poolers and bicyclists, subsidized transit passes,preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and lockers, and promotion of commuter programs. As a condition of approval a TDM cash escrow,letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100% of the cost of implementing the first two years of the TDM Plan will be required. All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes, and an information kiosk onsite. C. Parking.All zoning and development projects in the TC District require documentation of the parking plan for the project site including the number of required parking spaces, the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by-case basis as part of the development review process. Based on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted prior to application and early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 12. Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Comprehensive Guide Plan and/or the City Pedestrian and Bicycle Plan. Design shall conform to the requirements of the City Engineer,Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front door of the building to adjacent public sidewalks or trails that are either existing or contemplated in an approved city trail plan or Capital Improvement Plan. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy and at the time of an enlargement of a structure: 1. Office-minimum of 10 spaces,plus 1 space per 7,500 square feet of gross floor area. 2. Commercial—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 3. Public—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 4. Light Industrial—minimum of 10 spaces,plus 1 space per 10,000 square feet of gross floor area. 5. Residential- 1 space per 2 dwelling units. D. Location. Bicycle parking shall be located within 50 feet of the primary building entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub. 12. G. E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal,but all temporary or seasonal bicycle parking shall be included within the Proof of Bicycle Parking plan. F. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty(50) percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures, or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The applicant shall demonstrate meeting the requirement through a joint use,district or shared parking agreement. H. Proof of Bicycle Parking.Any bicycle parking not constructed,as shown on the site plan, shall be constructed when determined necessary by the City Planner.If the applicant demonstrates to the satisfaction of the City Planner that the required bicycle parking is in excess of the actual demand,all of the required bicycle parking need not be constructed prior to the issuance of the initial certificate of occupancy for the building being served. The area of future parking shall be landscaped,which landscaping shall not be used to satisfy landscaping requirements.The City Planner shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces.No more than 50 percent of bicycle parking stalls may be placed in proof of bicycle parking. Subd. 13. Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K) of Chapter 11 of the City Code and shall be in substantial conformance with the Town Center Design Guidelines. Subd. 14. Landscaping. A. All sites and buildings within the TC district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City Code, except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total Caliper Inches Required. The following standards apply within the TC district in lieu of said Item 4.(a): 1. Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight (8) feet in height. 2. Total Caliper Inches Required: Sites up to up to 5 acres of on-site pervious area require a minimum of three(3)caliper inches of trees for every 500 square feet of the on-site pervious surface area. Sites with 5 acres or greater of on-site pervious area require a minimum of three(3)caliper inches of trees for every 750 square feet of the on-site pervious area. Pervious pavement areas, green roofs, and undevelopable areas including but not limited to:wetlands, floodways,archeological resource areas,and water bodies are excluded from the on-site pervious surface area calculation. 3. Planting beds and/or decorative planting containers may replace up to 50%of the required caliper inches for trees at a rate of three (3) caliper inches of trees per 500 square feet of cumulative planting beds and/or decorative planting containers. 4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs, ornamental grasses, ground cover, vines, annuals, or perennials to provide year round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 6. Eco-grass,green roofs,rooftop gardens,limiting irrigation through xeriscaping and rainwater collection and reuse, public art, and other sustainable practices related to landscaping may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. B. Landscaping shall be in substantial conformance with the Town Center Design Guidelines. Due to the urban character of the Town Center District, less landscape space will be available than in other zoning districts. Therefore a higher level of design detail and level of landscaping is required for the concentrated open space, pervious surface areas, plazas, planters, screening areas and streetscape areas. Rooftop gardens and green roofs are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Subd. 15. Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70 and shall be in substantial conformance with the Town Center Design Guidelines. Subd. 16. Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03 Subd 4(E) and shall be in substantial conformance with the Town Center Design Guidelines. Subd. 17. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities standards in Section 11.03 Subd 3(I) and Wastes standards in Section 11.03 Subd 4(F) of Chapter 11 of the City Code and shall be in substantial conformance with the Town Center Design Guidelines. Section 2. 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 3. 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 0 day of September,2018 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: August 8, 2018 SUBJECT: Code Amendment—Transit Oriented Development(TOD)/Town Center(TC) BACKGROUND: The City Code regulations for the Town Center(TC) district were adopted in 2007 and the Transit Oriented Development (TOD) district regulations were adopted in 2016. Both zoning districts are very similar. Both incorporate public amenities such as parks & plazas, art, landscaped streets, benches, sidewalks,trails, &connectivity.Both zoning districts are focused on enhancing people's experience with the streetscape and their surroundings. Although both zoning districts are very similar, they are intended to have their own identity with unique features. For instance, TOD is intended to be located closer to transit stations with uses that are similar but perhaps more intense than the uses permitted in the TC district. While, the TC district is intended to be more dense and have more of an urban feel with buildings located in closer proximity to each other and to the street. Due to the gap in timeframe from when these two codes were originally adopted,staff has reviewed and compared both ordinances and is recommending amendments to both zoning districts. The general purpose of the code amendment is to provide clarification and consistency where appropriate between the two zoning districts. The proposed amendments in the TOD zoning district are primarily housekeeping items and provide more clarity with the current regulations.Amendments proposed in the TOD zoning district include minor modifications to definitions included within the code. In the TC zoning district,more substantive amendments are being proposed including the addition of regulations for supplemental analysis or studies that may be required to address traffic impacts, traffic demand management,and parking as deemed necessary. Other proposed amendments to the TC zoning district include the addition of regulations for pedestrian and off-street bicycle facilities standards, and revisions to the landscaping regulations to provide clarity and consistency with the TOD district where appropriate. DISCUSSION: A summary of the proposed code amendments to the TOD and the TC zoning districts are include below. Staff Report—Code Amendment—Transit Oriented Development(TOD)/Town Center(TC) 8/8/18 Page 2 TOD & TC zoning districts: 1) Include minor edits and modifications to grammar,format,and renumbering,and additional language within various sections to clean-up housekeeping items and to provide clarification as appropriate in both zoning districts. 2) Change"Usable Open Space"to "Usable Outdoor Open Space"to provide clarification. TOD zoning district: 3) Revise the definitions for "Building Break", "Neighborhood Commercial, & "Visitor Parking",and include a definition for"Ground Floor Height"to provide consistency with the TC district and to provide clarity since these terms are used within the code. 4) Include "clinics" as a permitted use in the TOD-R, TOD-MU, & TOD-E sub-districts. 5) Amend the Development Standards in the TOD-E district—changing the minimum ground floor height from"10 ft."to "12 ft." TC zoning district: 6) Revise the definition of"Joint Use Parking"and add definitions for"Ground Floor Height", "Public Open Space", and"Visitor Parking"in the TC district to provide consistency with the TOD district and to provide clarity since these terms are used within the code. 7) Include "Public Infrastructure" as a permitted use in the TC-R sub-district. 8) Include a front-yard setback reduction option for consideration if outdoor dining or usable open space is proposed as part of a Planned Unit Development, consistent with the TOD district. 9) Proposed amendments to parking regulations include the following: a) Revise the maximum number of permitted parking spaces for Restaurants from"1/2" to "1/2.5" seats in the TC-C sub-district. b) Revise the maximum number of parking spaces permitted for Multiple-Family Residential uses from"1.25"to "1"in the TC-R sub-district. c) Revise the minimum number of parking spaces required for Retail Stores&Services from "4/1,000" to "3/1,000" and the maximum permitted from "6/1,000" to "5/1,000" in the TC-C sub-district. d) Add"NA"to the maximum number of parking spaces permitted for Hotel use in the TC-C sub-district. e) Add Visitor parking regulations consistent with the TOD district. 10)Include the following additional regulations to provide consistency with the TOD district: a) Include Supplemental Analysis or Studies that maybe required as deemed necessary to include traffic impact, traffic demand management, and parking. b) Include regulations for Pedestrian and Off-Street Bicycle Facility Standards,since the TC district does not currently include regulations for these items and revised regulations to provide claritfication for Landscaping. 2 Staff Report—Code Amendment—Transit Oriented Development(TOD)/Town Center(TC) 8/8/18 Page 3 OUTREACH: Staff conducted outreach to the representatives of the Liberty Property Trust and the Evine Live properties since both representatives spoke during the public hearing process for the TOD ordinance in 2016. Staff recently provided both representatives draft copies of the proposed code amendments. In response, staff has received a comment letter dated 8/6/18 from Richard Weiblen, representing Liberty Property Trust. The letter is included for reference as an attachment with this staff report. Most of the comments included in the letter reflect existing city code regulations and are not in direct response to the proposed code amendments. STAFF RECOMMENDATION: Staff recommends approval of the following Code amendments attached as a redlined copy with the Planning Commission staff report dated 8/8/18. 3 EXHIBIT A SECTION 11.26.TRANSIT ORIENTED DEVELOPMENT(TOD) Subd. 1.Purposes. The intent of the Transit Oriented Development(TOD)zoning ordinance is to provide for development of attractive, compact, pedestrian-friendly, high density, environmentally and economically sustainable, transit-oriented areas which allow a complementary mix of land uses.A TOD land use pattern supports transit system investments,optimizes development opportunities, and helps achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan.To support the intent of Transit Oriented Development(TOD),the specific purposes of the TOD zoning districts are to: A. Promote high density development within convenient walking and biking distance of a transit station, including increased residential densities,employee densities,and non-residential floor area ratios(FARs); B. Accommodate a complementary mix of market-supportive land uses including residential, office, public (buildings,plazas,open spaces),light industrial,and where appropriate,select commercial uses; C. Ensure building and site design is oriented to public spaces—streets,sidewalks,plazas,open spaces,and the transit station—and emphasizes a pedestrian-friendly environment; D. Support an urban design pattern that encourages active living—the integration of physical activity into daily routines and healthy mobility choices,including walking,biking,riding scooters,and rollerblading,and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit; E. Promote strategies and designs that decrease the need for parking needs and requirement, including compact/mixed-use development patterns,on-street parking,joint use parking, structured parking, access to transit and shuttle services,bike sharing,and car sharing; F. Incorporate public amenities such as parks and plazas, civic spaces, public art, landscaped streetscapes, benches, and sidewalks/trails that provide connections between development sites, transit, and the City's overall sidewalk/trail network; G. Incorporate urban design principles that promote the safety and comfort of residents,employees,visitors,and transit riders; H. Promote high quality and aesthetically attractive building forms that contribute to a positive City image,help to identify the unique characteristics of the location,and enhance the streetscape environment for pedestrians, bicyclists,transit riders,and vehicular drivers;and I. Incorporate sustainability practices relating to building lifespan such as reuse and recycling of materials, energy and water efficiency, storm water management, and economic resilience through lower operating costs. There are three(3)Transit Oriented Development(TOD)zoning districts: A. The TOD-Mixed Use (TOD-MU) district encourages high-density, mixed-use, and pedestrian-oriented development that supports transit usage. B. The TOD-Residential (TOD-R) district allows for moderate- to high-density residential development with some allowance for limited commercial uses. C. The TOD-Employment (TOD-E) district allows for moderate- to high-density office, light industrial and institutional development with some allowance for limited commercial uses. The individual TOD district standards are described in Subdivision 4. Subd.2.Definitions. A. Transit Oriented Development(TOD)is commonly described as a community or development that mixes residential,office,commercial and open space,and allows for convenient or direct access to public transportation. The design of TOD is specifically influenced by transit and focuses on walkability and—connections to other sites as well as transit. B. 10-Minute Walkshed is the area surrounding each of an existing or planned commuter bus or light rail transit station that is accessible by walking within a 10-minute timeframe. C. Commercial Ready — a space constructed to meet a minimum ground floor height that accommodates retail/commercial use as established by City Code Chapter 11. The intent of Commercial Ready standard is to provide the flexibility to occupy ground floor space in accordance with market demand while allowing a future transition to retail/commercial uses as the market dictates. D. Pilaster is a shallow rectangular column placed on a building façade,typically as a decorative architectural element to provide articulation of the building façade. E. Ornamental grillwork is a decorative metal grate placed on a building façade to provide screening and architectural interest along a street front facade. F. Stacked Building is a multi-level structure comprised of single-floor or multi-floor units that are stacked vertically and connected with one or more shared entries. This building type is typically designed for residential,hospitality,or office uses. G. Attached Building is an individual structure on a parcel consisting of multiple similar units arranged side by side where each unit shares a common wall with the adjacent unit. All building entries are located at the ground level facing the primary street or facing a courtyard that is open to the street. H. Flex Building is a building designed to be versatile and may be used in combination with office, research and development,sales/showroom,industrial processing,distribution/warehousing,or high tech. I. Liner Building is a building designed to line the outside of a parking structure along a public street frontage with an active ground floor use.A liner building may also include active upper floors. J. Building Break—Include rcecsscs,A recess in the building façade, material changes, or other methods of building that provides facade articulation that br ak down the perceived scale of the building or cr ate visual interest. Building br aks create, creates the impression that one building is two or more buildings,. incorporates a unique building element, and improveimproves the building's overall composition and aesthetic.Minimum requirements for a building break are a depth of two(2)feet and a width of four(4)feet. K. Building Stepback—A setback of a building's upper floor(s)in order to reduce the building's bulk,articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level. L. Building Street Frontage—The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback.Corner lots must meet maximum front yard setback requirements for both public street frontages. M. Building Transparency—Openings in the street-facing façade of a building which are transparent,including windows and doors that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. N. Drive-Thru Facilities — Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces needed for waiting vehicles. Examples of drive-thru facilities include,but are not limited to, drive-up windows, menu boards, order boards or boxes,drive-in restaurants and drive-up banks. O. Ground Floor Height—measurement taken from floor to floor QP. Joint Use Parking-A parking facility shared by two or more uses,tenants,or properties. P.Q. Mixed-Use Building—A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. Q.R. Neighborhood Commercial — _Small-=scale retail stores and personal services primarily serving nearby residential areas and nearby businesses and their employees and small-=scale specialty shops and services-as further defined. No individual tenant space shall exceed 10,000 sq. ft. in area with the Comprehensive Planexception of grocery stores, which shall not exceed 25,000 sq. ft. in area. Drive-thru facilities are prohibited as a neighborhood commercial use. RS. Flex Space: A use providing its occupants the flexibility of utilizing the space. Usually provides a configuration allowing a flexible amount of office or showroom space in combination with manufacturing, laboratory,warehouse distribution,etc. Sr.T. Visitor Parking:An off street,surface parking areas for motor vehicles that will be parked for short periods of time,,and visiting within the Transit Oriented Development district.Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods. Public Open Space: AnA publicly or privately owned area designated for use by the public such as a park, trail,sidewalk or plaza.-that is accessible to the public. Subd.3.Applicability. A Transit-Oriented Development (TOD) district shall apply to property zoned under this Section. Any provisions contained in this Section 11.26, which are inconsistent with or are in conflict with any other provision of the City Code shall supersede such other provisions. Such properties will generally be within a 10-minute walkshed(the area within a 10-minute walking distance, or roughly a half-mile) of an existing or planned commuter bus or light rail transit station consistent with the Comprehensive Guide Plan. Nonconformities are governed under Minnesota Statutes 462.357,Subdivision 1.e as the same may be amended., Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process set out in City Code Chapter 11. Subd.4.District Development Standards. The following tables and diagrams include development standards for each of the three TOD zoning districts and are intended to illustrate the desired character,form,and scale of development within each district.Additional standards and required conditions that apply across all of the TOD zoning districts are addressed in Subdivisions 5 through 9 of this section. A. Development Standards: Transit Oriented Development-Mixed Use(TOD-MU). STATEMENT OF POLICY: The TOD-Mixed Use(TOD-MU)district encourages high-density,mixed-use, and pedestrian-oriented development that supports transit usage. The TOD-MU district is intended to generally be applied closest to the transit station.Buildings are mid-to high-rise structures with active ground floor uses.A mix of office,residential,hotel,and institutional uses,along with ground floor shops, services, and restaurants encourage activity throughout the day, and provide residents, visitors, transit riders, and employees with amenities and services that support their day-to-day needs within convenient walking distance.The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-MU District. The diagrams set out below are intended to illustrate the application of the above statement of policy. .� t. y \ ,-,...>" 0.0414,4404144::..N.- ::',L, 4,0 ,1,4 --m �� /' \ 6w 01�,6rmmmm m Transit _or\ � , — 6,0 �m N 'v Station ao my o m A �i � m > �,5�- '1 v� r ; m \ l 441iii°m,� -, GA \ lliifiii ii � !% �1�`46i®m mm \a:\mm Ikril :..' f \ 4144 IF 1 I� '11 r 49� mpb'� �$m�m�mm I:pc A�' p 6 p \� fl y 01.0 -01/ 4 m 49 rI Ill �� , fLaS,c - ��m� � p 6 I '�,ai,_ � �w.n = -7n a fi II de II_ Continuous 11p1 ii1n�Q[arl -I �00 � 400 _A 1, Street Wall OC�0j1-1[, �ir f7[ •JIOQpDi0 i Elra[j]I'i1C`-Q�alrp Active 3roun. Q �O 1U ilfrri �. Floor Uses 00" Awnings& Clear Windows / Shall. Setbacks ,iimt1 a `` `�f , -,y fir _ � - _ .- .a.S. _s _ - _ Continuous .1 ., ti�1. [Ali i,� q--] r 1 RTy1i ���ri" . a ■ : ■ Street wall ` � - 1 .❑ Jti.„:,, . . i i M i' ....., ...... - _J Alive Gro r , , • ., „._ D ,'. r ■r @r - - a Floor Uses • � III - _ , Awnings , Clear Windows Shall.• Liner Building with ' " 44 v Setbacks Active Ground Floor �I-- District Diagram, Land Use Character and Built Form Description: The TOD MU district f ntures a high density development pattern with stacked mixed use buildings.Requirements for street fronted architecture,minimal setbacks,and Built Form Description: The TOD MU district features a high-density development pattern with stacked mixed-use buildings.Requirements for street-fronted architecture,minimal setbacks,and active ground floor uses contribute to a more safe and walkable street environment.To that end,parking is predominantly provided in structured or underground parking and is located away from primary transit streets. Permitted Uses—TOD-MU District 'ermitted Uses Performance Standards —M Commercial 1. The ground floor in all buildings in the mixed use district - Neighborhood commercial shall be commercial along the primary transit street and - Restaurants and food service commercial ready along the secondary transit street. - Hotels/Hospitality/Lodging 2.Drive-thrus are only allowed when the drive-thru lanes are - Day care facility internally located within the parking structure. Office - Business and professional offices and clinics 3. Neighborhood Commercial individual tenant space shall Day care facility not exceed 10,000 sq.ft.in area with the exception of grocery Residential stores,which shall not exceed 25,000 sq. ft. in area. - Multiple-Family Dwellings Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-MU District 111=1111-- Use #of spaces(min) #of spaces(max) Multiple-Family Residential 1/dwelling unit(d.u.) 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq_ft Gross Floor Area 5/1,000 sq,ft(G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq,ft(G.F.A.) 5/1000 sq_ft(G.F.A.) Hotel 1/guest room+ 1/employee None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study_ Performance Standards 1. All off-street parking in the TOD-MU District shall be provided in an enclosed building or structure except as follows:residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements may be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street See Subdivision 6 for more on off-street parking standards. 3. Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space. If no upper floor uses are present the ramp must be appropriately screened as required in Subdivision 6. 4. For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. II II IIII HI IIIIIIIIk IIUIIIkd d _ II 11 II II rrtt' a �I,� ll' it I� II. ... -I lii i;.l IIr III , ill in ., 0 Density Standards-TOD MU District Performance Standards. Floor Area Ratio(FAR) 1.5 min 1. Parking structures shall not be included in calculation of number of floors and FAR. Residential Density 40 dwelling units/acre min 2. The above diagram is intended to show the proportion of usable open space required,but not the Lot Standards-TOD MU District exact location or distribution. See Subdivision 8 for Lot Size None more requirements on usable open space. (a)Lot Width 50 ft min (b)Lot Depth 100 ft min 3.Buildings exceeding 40 feet in width along a street are required to incorporate articulation in street- (c)Front Yard Setback(ft)6 0 min; 10 max facing façades. Articulation includes recesses in the building facade,material changes, or other methods (d)Side Yard Setback(ft) 0 min of building articulation that break down the scale of (e)Rear Yard Setback(ft) 0 min large buildings and create visual interest. (g)Usable Outdoor Open Space z 7%min 4. Commercial Use ground floor windows facing a primary transit street shall not preclude visibility. Impervious Surface Coverage 90%max 5. Within the Commercial Use all buildings shall Building Standards-TOD MU District have a primary entrance facing a public sidewalk or public open space. Building entrances must be (h) Street Frontage 75%min provided at least every sixty (60) feet along the 1 primary transit street-facing facade of the building. (f)Total Height(#of floors) 4 min,max limited by language in the 6. Front Yard Setbacks may be increased if outdoor Comprehensive Plan dining or usable open space is proposed as part of a Planned Unit Development. Notwithstanding the (i)Ground Floor Height 12 ft min diagram awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs or bicycle (j)Upper Floors Stepback(street 8 ft min parking,etc. shall not project into the public right of facades only) (above 4 floors) way. (k)Façade Articulation(street every 40 ft max facades only)3 (1)Ground Floor Transparency 60%min (street facades only) Entry Spacing 6 60 ft(applicable to Commercial Uses only B. Development Standards: Transit Oriented Development-Residential(TOD-R). STATEMENT OF POLICY: The Transit Oriented Development—Residential(TOD-R)district allows for a mix moderate to high-density housing, including stacked and attached residential building types, as well as limited mixed-use development. Land uses in the TOD-R district shall be residential with a small amount commercial uses(ground floor retail, services, and restaurants) that support the day-to-day needs of residents. The TOD-R district shall generally be applied farther out from the transit station and provides more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-R District. The diagrams set out below are intended to illustrate the application of the above statement of policy. These higher density housing types,both rental and ownership,shall be designed to optimize the district's walkable access to retail, services, restaurants, parks and trails, transit and community facilities. Buildings shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur. District-Dia _ TOD G District ` Red® \ ` `Ps irj �ee ' b c„a N ,i a \ J�f i i, \ o f a�. e r x tl , � I®- r y 7 / `���"' .' eS!�ro So•ao „ 08 Bk blg el'cam/ I. I CI r �� \ �i � } :�\ \- gray et \ ,� L 1 ,at' �---. - '• tl 9�g�b�y 1 5 0,0 F ff �` h6 6 % \ y.., e athiligrif40001 �nrpII dblQr�QQ E �� vm50 r- p Dp ]b NI 11 � q 5q q0 11 00Q D[ Ng D= tip D ;$0-Holt : --- 1<--iiii:0're, 11:0: ,.. „,„,....;,:--- ---,„... ' ".-"re )41.10' ', -.-- ,k44 NiA, ,' ''-'19'::44- -'-'- -.--- $ 01, 8o E _ ilk\.dd F i ` 1®9� , r 7i I!F 'Il `` II1 ` ��II��'QQQjjj��R� � „Ai 1 and Use Character and Built Form- TOD R District o CI a _ aE °ad 00 all -- EL 0 Q�° _rj iQ ill ¢:�I o; p c _. I:Zi il A .."litilli "Op 0:11 PI 0 -- .._-- OA r District Diagram,Land Use Character and Built Form Description: The TOD-R district features stacked and attached residential building types,as well as mixed-use building with active ground-floor uses.Requirements for street-fronted architecture and structured parking contribute to a more safe and walkable street environment.Slightly deeper setbacks allow for additional landscaping, gardens, and small front or side yards. Street-facing architectural details such as porches, stoops, and balconies encourage social interaction and contribute to the safety and comfort of the public realm. Permitted Uses—TOD-R District Permitted Uses Performance Standards Commercial 1. All commercial uses shall be limited to the street level - Neighborhood commercial floor of a building along primary transit streets. - Restaurants and food service - Day care facility 2.Neighborhood Commercial individual tenant space shall Office not exceed 10,000 sq. ft. in area with the exception of - Business and professional offices and clinics grocery stores,which shall not exceed 25,000 sq.ft.in area. - Day care facility Residential 3. Drive-thrus are only allowed when the drive-thru lanes Multiple-Family Dwellings are internally located within the parking structure. Public - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-R District Use #of spaces(min) #of spaces(max) Multiple-Family Residential 1 per dwelling unit 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq_ft(G.F.A.) 5/1,000 sq,ft(G.F.A.) Restaurant 1/3 seats 'h.5 seats Office 3/1,000 sq,ft(G.F.A.) 5/1000 sq_ft OtherOthers As determined by site plan review. —A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Performance Standards 1. All off-street parking in the TOD-R sub-district shall be provided in an enclosed building or structure except as follows: Residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened—as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements if reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. 7, - dr 0 , ''1 Il 1 11 II 11 11 0 p ■ 111111 k I i 1 II II I#k N_ 1 1 0�r� g . 0 1 —ftillIllMtJ 0 �111 � IIII �J ■• INI1 - f 11111 ffi----! ' iumws---.0011111111me I III III iEal U1 alai 1I7� �1III lullED — : +il — • J 0 • r e _ II II1IIII IIII k 0 ,p '111111111111111111111 h 111 �� ,. , D ill II II 11 III Q — — 1 ! 'j1 III' 1, ■� a 111 r Ii III I1 40 �� NI L11 m_n' sill: t • 111 0 , , aar r 6 ►-J Density Standards-TOD R District Performance Standards ". Residential Density 25 dwelling units/acre 1. Parking structures shall not be included in min calculation of number of floors and FAR. Lot Standards-TOD R District Lot Size None 2. The above diagram is intended to show the proportion of usable open space required, but not the (a)Lot Width 50 ft min exact location or distribution. See Subdivision 8 for more requirements on usable open space. (b)Lot Depth 100 ft min (c)Front Yard Setback(ft)6 0+ 0 min;20 max 3. Buildings exceeding 30 feet in width along a street are required to incorporate articulation in street-facing (d)Side Yard Setback(ft) 10 min façades. Articulation includes recesses in the building façade,material changes,or other methods of building (e)Rear Yard Setback(ft) 20 min articulation that break down the scale of large buildings and create visual interest. (g)Usable Outdoor Open Space 2 10%min 4. Commercial Use ground floor windows facing a Impervious Surface Coverage 75%max primary transit street shall not preclude visibility. Building Standards-TOD R District 5.Within the Commercial Use all buildings shall have (h) Street Frontage 60%min a primary entrance facing a public sidewalk or public open space. Building entrances must be provided at (f)Total Height(#of floors) 2 min,max is limited least every sixty (60) feet along the primary transit by language in the street-facing facade of the building. Comprehensive Plan 6. Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development. Notwithstanding the diagram awnings, decks, overhangs, stairs, steps, (i)Ground Floor Height 10 ft min retaining walls and structures, signs; or bicycle (j)Upper Floors Stepback(street 8 ft min parking, etc. shall not project into the public right of facades only) (a building step back way. is required above 4 floors and encouraged below 4 floors) (k)Façade Articulation(street Every 30 feet facades only)3 (1)Ground Floor Transparency 40%min (street facades only)4 Entry Spacing 5 60 ft(applicable to Commercial Uses only) C. Development Standards: Transit Oriented Development-Employment(TOD-E). STATEMENT OF POLICY: The Transit Oriented Development—Employment(TOD-E)district allows for a mix of moderate-to high-density office,light industrial and institutional development with some allowance for limited commercial uses. The TOD-E district allows stacked office and mixed use buildings as well as multi-story flex buildings that can accommodate a range of living wage employment opportunities at higher densities.Retail, services, and showrooms are allowed in the district but limited to smaller scale businesses that support the needs of district employees or complement existing light industrial or office uses.The TOD- E district would generally be applied farther out from the transit station and provide more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design. The diagrams set out below are intended to illustrate the application of the above statement of policy. ..4::-.----,-,:- Allit ,ii�I `` / \� \III i- 4 $ - �� r / F i :,.....2,,,,:,,,,,,, ..:11111,..4,7::::.:-.41. •.,,,,,--0":"'-':',-,.,''' ' ----:'' ryrt-3'V-:' ''. ,t " ----- --_,-.___ - - ------___----=-___ . -----_ -----__. .- - _. ------- " l '-----Z.:: .- ' -'ri;f , ---'' „. --- If , / --„_. • ...- -----,.... --- ,---- --,--,_-, • 1.^.9, . rn..lar.,•ki..r.1. , tft17''''...trin1W`-` --" -.----- El' ''' __--------- ::_- —----- Al'a q 1.0,/ 1-Zt 1.4 j-A , I:3 ''r ki-.. 1°IP""PJ1'-."'' 14 1 4 L.C1 15q1, tp.,, ..1..-_. ,ihn. r-1_, _ , ..,,ii R).1...„,,.,E if.,.. lat, Li1,1Z1 t' " 7"41 4:1 L.j pijil 14.1'. WIIIIY.%••!'' .„ Z;. .141 1-ir, •—. al ii110....,, -41.1NitigiLla 1 ti i-3--IhQ114-,- II:7E:1 ffIllia ',off ilirl'j.,577'' -9%1114[LiElt:r.. 1-Q Id.-1----i"- „ .)1011''''-• . ..... .--, A; -111 kiL,L,Itr7Eit.,j[--f L„jf----1 itle 1.,ii..i.1:,..;.:..-:.--,7„,.., "'lir 1 '-'. 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',-• ,...'-' t`� -- _ j, M tom— 0,. r II tilt II 1 "''e 4�tzt: 4� Q 41 q �f a !� �k piN / j q Si:II District Diagram, Land Use Character and Built Form Description: The TOD-E district features stacked office and mixed use buildings,as well as multistory flex buildings.Requirements for street-fronted architecture contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping, plazas, and other types of open space. Street adjacent features such as a canopy,awnings,plazas,and courtyards create a safe and welcoming environment. Permitted Uses—TOD-E District Permitted Uses Performance Standards Commercial 1. The ground floor in all buildings in the TOD-E district - Neighborhood commercial shall be commercial ready along the primary transit street. - Restaurants and food service - Day care facility 2.Neighborhood Commercial individual tenant space shall not exceed 10,000 sq. ft. in area with the exception of Office grocery stores,which shall not exceed 25,000 sq.ft.in area. - Business and professional offices and clinics - Day care facility 3. Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure. Light Industrial 4. Warehouse and Distribution shall be permitted in the - Manufacturing Light Industrial district as an accessory use. Warehouse and - Research and design Distribution shall not exceed 15%of the Gross Floor Area - Wholesale of a structure. - Processing - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-E District • s I I aces(max) Retail Stores&Services 3/1,000 sq_ft(G.F.A.) 5/1,000 sq_ft(G.F.A.) Restaurant 1/3 seats '/2.5 seats Office 3/1,000 sq_ft(G.F.A.) 5/1000 sq_ft(G.F.A.) Others As determined by site plan review.A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Performance Standards 1.All off-street parking in the TOD-E District shall be provided in an enclosed building or structure except as follows: visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. e ; { _ O'11 ���� M 0 b jMlf oil �� a - Eft] WI Ira I 1 �ii Gail ® Mrli 1 �: -- 0 I _ .011111.."-Ht-- WI 0 4 v..r .; �1n rrrr ., rirr r r rii iiu ii � �iii I . Oil iiii ill. 0 ® 1 it rrrr err HI VJ -_ _------ --=----- v 0 I 0-- :J Density Standards-TOD E District Performance Standards Floor Area Ratio(FAR)1 .5 min 1. Parking structures shall not be included in calculation of number of floors and FAR. Lot Standards-TOD E District 2. The above diagram is intended to show the Lot Size None proportion of usable open space required, but not the exact location or distribution. See Subdivision 8 for (a)Lot Width 100 ft min more requirements on usable open space. (b)Lot Depth 100 ft min 3. Buildings exceeding 50 feet in width along a street are required to incorporate articulation in street-facing (c)Front Yard Setback(ft)6 0 min;20 max façades. Articulation includes recesses in the building façade,material changes, or other methods of building (d)Side Yard Setback(ft) 20 min articulation that break down the scale of large buildings and create visual interest. (e)Rear Yard Setback(ft) 20 min (g)Usable Outdoor Open Space 2 5%min 4. Commercial Use ground floor windows facing a primary transit street shall not preclude visibility. Impervious Surface Coverage 75%max 5. Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or public Building Standards-TOD E District open space. Building entrances must be provided at least every sixty (60) feet along the primary transit (h) Street Frontage 60%min street-facing facade of the building. (f)Total Height(#of floors)1 2 min,max is limited 6. Front Yard Setbacks may be increased if outdoor by language in the dining or usable open space is proposed as part of a Comprehensive Plan Planned Unit Development. Notwithstanding the diagram awnings, decks, overhangs, stairs, steps, (i)Ground Floor Height 4-9 12 ft min retaining walls and structures,signs;or bicycle parking, (j)Upper Floors Stepback(street 8 ft min etc. shall not project into the public right of way. facades only) (a building step back is required above 4 floors and encouraged below 4 floors) (k)Facade Articulation(street Every 50 feet facades only)3 (1)Ground Floor Transparency 60%min (street facades only)4 Entry Spacing 5 60 ft (applicable to Commercial Uses only) Subd.5.Building Standards. All buildings shall provide pedestrian-oriented design features along streets, sidewalks, pedestrian ways, and pedestrian areas. Buildings and developments shall comply with the following standards for building design and pedestrian orientation: A. Buildings shall have a primary entrance facing a public sidewalk or public open space. B. Primary building entrances shall be architecturally emphasized and highly visible from the street, sidewalk, or pedestrian way, utilizing design features such as protruding or recessed entryways, awnings, canopies, pillars,unique building materials and/or architectural details.Residential buildings shall incorporate elements such as porches,stoops,and balconies that enhance the safety and comfort of the public realm. C. Buildings are required to incorporate articulation in street-facing facades that improves the building's overall composition and aesthetic,and contributes to a more aesthetically and visually interesting and walkable street environment. Articulation includes recesses in the building facade, material changes, or other methods of building articulation that break down the perceived scale of the building or create visual interest. Subd.6.Off-Street Vehicle Parking Standards. A. Parking structures shall be located behind buildings or located along secondary streets. B. Parking structure facades visible from public streets and public open space shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements,and color.Parking structures shall include architectural elements that enhance the structure,break up its mass, and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters,banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings,facade treatment variations,and locating tenant signs on the side of parking ramps. C. Parking structures may also incorporate liner buildings that screen the parking structure with active street- level uses. Liner building may include upper floor uses,or may utilize appropriate architectural elements as described above. Subd.7.Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Comprehensive Guide Plan and/or approvcdthe City Pedestrian and Bicycle Plan. Design shall conform to the requirements of the City Engineer,Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front door of the building to adjacent public sidewalks or trails that are either existing or part-e#contemplated in an approved city trail plan or N-RCapital Improvement Plan. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy Brand at the time of enlargement of a structure: 1. Office-minimum of 10 spaces,plus 1 space per 7,500 square feet of gross floor area. 2. Commercial—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 3. Public—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 4. Light Industrial—minimum of 10 spaces,plus 1 space per 10,000 square feet of gross floor area. 5. Residential- 1 space per 2 dwelling units. D. Location. Bicycle parking shall be located within 50 feet of the primary building entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub.67. G. E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal,but all temporary or seasonal bicycle parking shall be included within the pree#Proof of bicycle parking piariBicycle Parking Plan. F. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty(50) percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures, or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The property owner or applicant shall demonstrate meeting the requirement through a joint use,district or shared parking agreement. H. Proof of Bicycle Parking. If the applicant demonstrates that the required bicycle parking is in excess of the actual demand,all of the required bicycle parking need not be constructed initially. The area of future parking shall be landscaped,but that landscaping shall not be used to satisfy landscaping requirement^prior to the issuance of the initial certificate of occupancy for the building being served.Any spaces not constructed,as shown on the site plan,shall be constructed when determined necessary by the City Planner(^ T.The area of future parking shall be landscaped,which, landscaping shall not be used to satisfy landscaping requirements. The City Planner(or designee)shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces. No more than 50 percent of bicycle parking stalls shall be placed in proof of bicycle parking. Subd.8.Landscaping and Open Space Standards. A. All sites and buildings within the TOD district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City Code, except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total Caliper Inches Required. The following standards apply within the TOD district in lieu of said Items 4.(a)and 4.(b): 1. Minimum Size Requirements for Plantings:Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight(8)feet in height. 2. Total Caliper Inches Required: Sites with up to 5 acres of on-site pervious area require a minimum of three (3) caliper inches of trees for every 500 square feet of the on-site pervious surface area. Sites with 5 acres or greater of on-site pervious area require a minimum of three(3)caliper inches of trees for every 750 square feet of the on-site pervious area.Pervious pavement areas,green roofs, and undevelopable areas including but not limited to: wetlands,floodways,archeological resource areas,and water bodies are excluded from the on-site pervious surface area calculation. 3. Planting beds and/or decorative planting containers may replace up to 50%of the required caliper inches for trees at a rate of three(3)caliper inches of trees per 500 square feet of cumulative planting beds and/or decorative planting containers. 4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs,ornamental grasses,ground cover,vines,annuals,or perennials to provide year round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 6. Eco-grass, green roofs, rooftop gardens, limiting irrigation through excriscapingxeriscaping and rainwater collection and reuse,public art,and other sustainable practices related to landscaping may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. B. Due to the urban character of the TOD District, less landscaping space will be available typically than in other zoning districts. Therefore a higher level of landscaping design detail is required for the concentrated open space, pervious surface areas, plazas, planters, screening areas and streetscape areas. Examples of a higher level of landscaping design include rooftop gardens and green roofs,both of which are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Other privately owned amenities are encouraged,such as plazas,courtyards,fountains,outdoor art,roof top gardens and green roofs,and other decorative elements. C. The following privately owned and maintained Usable Open Space forms are permitted to meet the requirements for usable outdoor open space: 1. Pocket Park:A Pocket Park is an open space of no less than .05 acres in size that is available for recreation. A Pocket Park may be spatially defined by landscaping rather than building frontages and maybe linear in form or shape.A pocket park may consist of a landscaped and maintained lawn, trees,and seating areas that are naturalistically disposed. 2. Square:An open space available for passive recreation and civic purposes. A Square Usable open Space is spatially defined by building frontages. Its landscape shall consist of paths, lawns, trees, hardscape, and public art formally disposed. Square Usable Open Spaces shall be located at the intersection of important main streets.There shall be no minimum size for a square. 3. Plaza:An open space available for public use, community events, and/or commercial activities. A Plaza Usable Open Space shall be spatially defined by building frontages.Its landscape shall consist primarily of hardscape,plantings,public art,and trees.There shall be no minimum size for a Plaza. 4. Play Area: An open space designed and equipped for the recreation of children. A Play Area shall be fenced and may include an open shelter. Play areas shall be interspersed within residential or mixed use areas and may be placed within a block. Play areas may be included within parks and greens.There shall be no minimum or maximum size. 5. Pedestrian way:Natural or landscaped walking paths and running trails. D. The following shall not constitute Useable Open Space: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile landscaping around buildings, sidewalks and parking areas; required minimum building setback areas; yards associated with private dwellings; or outdoor areas that prohibit public or tenant access during normal business hours. Alternative useable open space areas may be considered as counting toward a portion of the useable open space requirement of this section as determined through the PUD process. Subd.9. Supplemental Analysis or Study. A. Traffic. All development and zoning projects in the TOD District require documentation of the expected traffic impacts of the development.The scope extent of the traffic analysis is dependent on several factors including the size,type,and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications,regardless of size,shall document the size and type of the proposed development and provide Daily,AM Peak,and PM Peak traffic generation estimates for the development. B. TDM. B. Travel Demand Management(TDM). Ally development applications for office and light industrial uses shall include a Travel Demand Management(TDM)plan. The plan shall document TDM measures to be implemented,a two year budget, and an evaluation plan. TDM strategies that shall be considered in the TDM plan include,but are not limited to, financial incentives for carpoolers, vanpoolers and bicyclists, subsidized transit passes, preferential location of carpool/vanpool parking,bicycle racks and storage,access to shower and lockers,and promotion of commuter programs. As a condition of approval a TDM performance bond,cash escrow,letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100%of the cost of implementing the first two years of the TDM Plan will be required. All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes,and an information kiosk onsite. C. Parking. All zoning and development and zoning projects in the TOD District require documentation of the parking plan for the project site including the number of required parking spaces, the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by—case basis as part of the development review process. DependentBased on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted prior to application and early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 10.Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K)of Chapter 11 of the City Code. Subd. 11.Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70. Subd. 12.Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03. Subd. 13. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities standards in Section 11.03 Subd 3(I), Trash and Recycling standards in Section 11.03, Subd. 3(M), and Wastes standards in Section 11.03 Subd 4(F) of Chapter 11 of the City Code. Subd.14. Tree Replacement. Property within the TOD zoning districts shall be exempt from the Tree Replacement Plan Requirements provided in Section 11.55, Subd.4. SECTION 11.27.TC TOWN CENTER DISTRICT. Subd. 1.Purposes. The intent of the Town Center(TC)zoning district is to provide an area for development of an attractive,compact,walkable,mixed-use town center that creates a live/work/play environment for the community. To support the intent of the Town Center,the purposes of the TC zoning district are to: A. Provide a mix of higher density regional uses,vertical mixed uses,more housing within walking distance of services,and a more efficient,compact and connected development pattern; B. Incorporate connections between the various land uses;including pedestrian, street and visual; C. Incorporate civic amenities such as urban parks and plazas, civic and cultural spaces, sidewalks and trails, and landscaped streetscapes; D. Promote land efficientstrategies and designs that decrease the need for parking design, including compact/mixed—use development patterns,on-street parking,joint use parking,structured parking,on street parking and shared parkin^access to transit and shuttle services,bike sharing,and car sharing; E. Locate and design buildings that are oriented to public spaces,including streets,sidewalks,plazas and open spaces, to create the feel and function of a traditional town center and to emphasize a pedestrian oriented environment;and F. Encourage non-automobile access and circulation,including transit,walking and biking. G. Support an urban design pattern that encourages active living—the integration of physical activity into daily routines and healthy mobility choices,including walking,biking,riding scooters,and rollerblading,and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit. The standards applicable to the TC zoning district are intended to implement the vision, goals and principles established in the Eden Prairie Major Center Area Framework Plan and Major Center Area Planning Principles and the Town Center Design Guidelines,which will be carried out through specific standards related to land use mix,site planning,building bulk& dimensions, architecture,building materials, transportation access,parking, landscaping, signage and lighting. Subd.2.Definitions. The following terms,as used in this Section,shall have the following meanings: A. "Building Break"—A recess in the building façade that provides façade articulation, creates the impression that one building is two or more buildings, incorporates a unique building element, and improves the building's overall composition and aesthetic.Minimum requirements for a building break are a depth of two (2)feet and a width of four(4)feet. B. "Building Stepback" — A setback of a building's upper floor(s) in order to reduce the building's bulk, articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level. C. "Building Street Frontage"—The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback.Corner lots must meet maximum front yard setback requirements for both public street frontages. D. "Building Transparency"—Openings in the street-facing façade of a building which are transparent,including windows and doors, that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. E. "Community Commercial"—Medium-scale retail stores and personal services primarily serving the residents and employees of the community.No individual building or tenant space shall exceed 60,000 sq. ft. in area. F. "Drive-thru Facilities" — Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces needed for waiting vehicles. Examples of drive-thru facilities include,but are not limited to, drive-up windows, menu boards, order boards or boxes,drive-in restaurants and drive-up banks. G. "Ground Floor Height"—measurement taken from floor to floor G.H. "Joint Use Parking" -A parking facility shared by two or more uses,or a parking facility that is shared by one or more uses and a unit of general purpose government or a public agency.tenants or properties. 144. "Mixed-Use Building"—A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. LJ. "Neighborhood Commercial" — Small-scale retail stores and personal services primarily serving nearby residential areas and nearby businesses and their employees and small-scale specialty shops and services that contribute to the uniqueness and vibrancy of Town Center and may attract a larger trade area.No individual tenant space shall exceed 10,000 sq. ft. in area with the exception of grocery stores,which shall not exceed 25,000 sq.ft.in area.Drive-thru facilities are prohibited as a neighborhood commercial use. K. "Public Open Space" — a publicly or privately owned area such as a park, trail, sidewalk or plaza that is accessible to the public. L. "Usable Outdoor Open Space"—Planned and improved outdoor facilities and open spaces that provide active or passive recreational,relaxation or gathering opportunities, including,but not limited to, any one or more of the following: parks; plazas; play areas; maintained and landscaped lawn with trees and seating areas; natural or landscaped walking paths and running trails; pedestrian spaces; publicly accessible natural or wildlife viewing areas; gardens; ponds and water features; and other similar environments. Usable outdoor open space shall not include: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile landscaping around buildings, sidewalks and parking areas; required minimum building setback areas; yards associated with private dwellings; or outdoor areas that prohibit public or resident access during normal business hours for the area. No areas of usable open space shall contain less than 2,000 contiguous square feet. Usable open space in Mixed Use and Commercial sub-districts should be located near primary building entrances and be accessible by the public from a public sidewalk or streetscape area at least during normal business hours of the surrounding area. M. "Visitor Parking"- An off street,surface parking area for motor vehicles that will be parked for short periods of time, and visiting within the Town Center district. Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods. Subd.3.Sub-Districts. The TC zoning district is divided into three(3)sub-districts: A. Town Center Mixed Use (TC-MU): Town Center Mixed-use requires higher intensity vertical mixed-use buildings with ground floor retail shops,services and restaurants that front onto Town Center's"Main Streets" and are pedestrian-oriented. In order to support a live/work/play environment, the upper floors shall be primarily residential uses,both rental and ownership housing,with a minimal amount of office uses allowed. B. Town Center Residential(TC-R): Town Center Residential allows a mix of stacked housing types including high density high-rise residential and high density mid-rise residential. These higher density housing types, both rental and ownership, shall be designed to optimize the district's walkable access to retail, services, restaurants,parks and trails,transit and community facilities.High rise buildings shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur. C. Town Center Commercial (TC-C): Town Center Commercial allows a mix of lower intensity commercial uses including community retail, services, restaurants, entertainment, office, and hospitality/lodging. Site layout,building design and parking strategies shall support the compact and pedestrian-oriented character of the district. Subd.4.Design Guidelines. All new development,redevelopment and subdivisions within the Town Center district shall be in substantial conformance with the Town Center Design Guidelines.Development proposals will be reviewed as part of the Site Plan and Architectural Design Review process for conformance with the City Codes and the Design Guidelines. Subd.5.Permitted Uses. Table 1 establishes the permitted and accessory uses in the TC zoning district. Table 1: Permitted Uses in Town Center District(Permitted=P,Accessory=A) Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru facilities P P Business and professional offices and clinics Al P Hotels P Day care facility P P Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Residential High-rise multiple-family attached dwelling units with P minimum gross density of 60 units per acre Mid-rise multiple-family attached dwelling units with P minimum gross density of 40 units per acre Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Mixed-Use Mid-rise multiple-family attached dwelling units w/ P ground floor retail/restaurant/services' Multi-story office w/ground floor P retail/restaurant/services' Day care facility P P Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Public Public Infrastructure P P P Libraries P P Parks P P P Transit facilities P P 1 Business and professional offices and clinics shall be located in mixed-use building,shall not be located on the ground floor and shall not occupy more than 25%of upper floors' gross square footage. 2 Ground floor uses with street frontage shall be 100%retail,restaurant and/or services. Source: Ordinance No.2-2017 Effective Date: 3-16-2017 Subd.6.Permitted Building Types. The following building types are established as the only types of new buildings allowed within the TC district. A. Building Type A,Vertical Mixed-Use Residential/Commercial.Type A buildings shall have retail,restaurant and/or service uses on the ground floor with residential on the upper floors.Parking may be included below or above the ground floor. B. Building Type B,Vertical Mixed-Use Office/Commercial. C. Building Type C,High-Rise Residential. D. Building Type D,Mid-Rise Residential. E. Building Type E,Entertainment/Restaurant/Services.Type E buildings may include entertainment, restaurant and/or services uses F. Building Type F,Hospitality/Lodging. G. Building Type G,Community Retail. H. Building Type H,Parking Structure. Table 2 establishes where the permitted building types can be located within the Town Center district. Table 2: Permitted Building Types in Town Center District Building Type TC-MU TC-R TC-C Type A P Type B P TypeC P TypeD P Type E P Type F P TypeG P TypeH P P P Subd.7.Required Conditions. A. Zoning requestsapplications will be considered only on the basis of athc Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. B. Nonconformities are governed under Minnesota Statutes 462.357,Subdivision 1.e. C. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process as set out in City Code Chapter 11. D. Any provisions contained in Section 11.27, which are inconsistent with or are in conflict with any other provision of the City Code shall supersede such other provisions. B-E. All zoning requestsand development applications must include a trip generation analysis that indicates the traffic impacts on the overall Major Center Area(MCA)and demonstrates that the proposed development is not in conflict with the MCA traffic model. &F. Acceptable,approved sanitary sewer and water services must be provided to all occupied structures. Subd.8.Building Bulk&Dimension Standards. Table 3 establishes specific bulk and dimension standards for new buildings in the Town Center District. Table 3: Building Bulk&Dimension Standards for Town Center District Standard TC-MU TC-R TC-C Lot Size None None None Lot Width 50 ft min 50 ft min 50 ft min Lot Depth 100 ft min 100 ft min 100 ft min Front Yard Setback(ft)4 0 min 10 max 10 min 20 max 0 min 15 max Side Yard Setback(ft) 0 min 10 min 5 min Rear Yard Setback(ft) 0 min 20 min 10 min Building Height' 4 min 6 max 4 min 10 max 1 min 3 max2 (#of floors) _ Building Footprint 50%min 75%max 40%min 60%max 30%min 50%max Coverage Floor Area Ratio(FAR)1 2.25 max 2.25 max 0.5 max2 Building Street Frontage 75%min 60%min 50%min Impervious Surface 90%max 75%max 75%max Coverage Ground Floor Height 12 ft min None 12 ft min Street Façade Building 8 ft min 8 ft min N/A Stepback (above 4 floors) (above 6 floors) Street Façade Building 20%min 15%min 15%min Breaks' Street Level Frontage 60%min 20%min 40%min Transparency Usable Outdoor Open 5%min 10%min N/A Space 1 Parking structures shall not be included in calculation of#of Floors,FAR and Building Footprint Coverage. 2 Maximum building height and maximum FAR may be exceeded for permitted hotel,lodging and entertainment uses,when the peak period trips generated is in compliance with the MCA traffic model. 3 Buildings exceeding 40 feet in width along a street are required to incorporate building breaks in the street façade that break the building into smaller facades,which may be a maximum of 40 feet in width. a Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development.Awnings,decks,overhangs,stairs,steps,retaining walls and structures,signs or bicycle parking,etc. shall not project into the public right of way. Subd. 9. Non-Residential Building Orientation to Street and Pedestrian Areas. All new mixed-use and commercial buildings shall provide a variety of active uses and pedestrian-oriented design features along streets and pedestrian areas. These design features include,but are not limited to,the use of multiple storefronts or businesses, multiple entrances into large single-tenant buildings,and design treatments of facades,entrances,windows,and other similar features.Buildings and developments shall comply with the following standards for building orientation: A. All new buildings shall have primary entrance doors facing a public sidewalk or public open space and spaced no more than sixty(60)feet apart.A primary entrance is defined as a principal entrance through which people enter the building. A building or individual business may have more than one primary entrance. Building entrances may include doors to individual businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of stores. Primary entrances shall be open to the public during all business hours. B. Primary building entrances shall be architecturally emphasized and visible from the street.Primary building entrances shall be clearly defined and highly visible utilizing design features such as awnings, canopies, pillars,unique building materials and/or architectural details. C. A minimum percentage of a mixed-use and commercial building's street-facing ground level façade between two(2)feet and eight(8)feet in height shall be comprised of clear windows,as specified in the Street Level Frontage Transparency standard in Table 3 above,in order to allow views of indoor non-residential space or product display areas. Required windows shall have a sill no higher than four (4) feet above the adjacent sidewalk. Subd. 10.Provision-of-Off-Street Vehicle Parking RaeilitiesStandards. A. Due to the more urban pedestrian oriented character of the Town Center area, the location and quantity of off-street parking spaces will be reviewed on a case-by-case basis as part of the development review process. In general,the intent is for developments to provide a reduced number of off-street parking spaces to account for availability of joint and shared-use parking, parking efficiencies resulting from a compact mixed-use development pattern, on-street parking,transit, walking and bicycling. Off-street parking facilities shall be provided as established in Table 4 or as determined through the development review process,recognizing the potential for district, shared and public parking. Table 4 establishes minimum and maximum off-street parking standards for uses within the Town Center district. Table 4: Off-Street Parking Space Standards for Town Center District Use TC-MU TC-R TC-C (#of spaces) (#of spaces) (#of spaces) Minimum Maximum Minimum Maximum Minimum Maximum Multiple- 1/der. 1/bedroom 1/d.u. 1/- 1.25/ N/A N/A Family dwelling dwelling bedroom Residential unit unit Retail Stores 3/1,000 sq, 5/1,000 N/A N/A 43/1,000 65/1,000 &Services ft-, sq_ft(G.F.A.) sq_ft-. (G.F.A.) sq,ft, (G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats N/A N/A 1/3 seats 1//2 seats.5seats Office 3/1,000 sq. 4/1,000 N/A N/A 43/1,000 s€sq. 5/1,000 ft-, sq_ft. (G.F.A.) ft. (G.F.A.) sq_ft_ (G.F.A.) (G.F.A.) Hotel N/A N/A N/A N/A 1/guest room N/A +1/employee Visitor N/A 1/5 dwelling N/A 1/5 dwelling N/A N/A units units Others As determined by site plan review.A parking demand study may be required.Proof of parking may be required by the City Engineer to be included as part of a parking demand study. B. On-site parking is prohibited in the front yard directly in front of a building, except for frontage along Highway 212. Parking shall be provided to the rear or side of buildings. C. All parking in the TC-MU sub-district shall be in a parking structure or on the street. D. All off-street parking for residents in the TC-R sub-district shall be provided in an enclosed building or structure. E. Off street surface parking for visitors in the TC R sub district may be provided up to a maximum of one space per five dwellings. Subd. 11. E. Parking structure facades visible from public streets and public open spaces shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements,and color.Parking structures shall include architectural elements that enhance the structure,break up its mass, and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters,banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings,façade treatment variations,and locating tenant signs on the side of parking ramps. F. Parking structures may also incorporate liner buildings that screen the parking structure with active street- level uses. Liner building may include upper floor uses or may utilize appropriate architectural elements as described above. G. The location and design of off-street parking will be reviewed on a case-by—case basis as part of the development review process. Off-street parking requirements may be reduced if the applicant demonstrates meeting the requirement through join use,district,off-site,or on-street parking. H. Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space. If no upper floor uses are present the ramp must be appropriately screened as required. I. For new development occurring within the TC Districts,on-street parking along the uses's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. J. Parking structures shall not be included in calculation of number of floors and FAR. Subd. 11.Supplemental Analysis or Study. A. Traffic.All development and zoning projects in the TC District require documentation of the expected traffic impacts of the development. The scope of the traffic analysis is dependent on several factors including the size, type, and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of the traffic analysis and to determine if a formal Traffic Impact Study is required.All development applications,regardless of size,shall document the size and type of the proposed development and provide Daily,AM Peak,and PM Peak traffic generation estimates for the development. B. Traffic Demand Management(TDM).All development applications for office uses shall include a Travel Demand Management(TDM)plan.The plan shall document TDM measures to be implemented,a two year budget, and an evaluation plan. TDM strategies that should be considered in the TDM plan include,but are not limited to, financial incentives for car poolers, van poolers and bicyclists, subsidized transit passes, preferential location of carpool/vanpool parking,bicycle racks and storage,access to shower and lockers,and promotion of commuter programs. As a condition of approval a TDM cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100% of the cost of implementing the first two years of the TDM Plan will be required. All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes,and an information kiosk onsite. C. Parking.All zoning and development projects in the TC District require documentation of the parking plan for the project site including the number of required parking spaces,the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case- by-case basis as part of the development review process. Based on the specifics of the parking plan for the project site a formal Parking Study may be required.The City Planner should be contacted prior to application and early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 12.Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Comprehensive Guide Plan and/or the City Pedestrian and Bicycle Plan. Design shall conform to the requirements of the City Engineer,Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front door of the building to adjacent public sidewalks or trails that are either existing or contemplated in an approved city trail plan or Capital Improvement Plan. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy and at the time of an enlargement of a structure: 1. Office-minimum of 10 spaces,plus 1 space per 7,500 square feet of gross floor area. 2. Commercial—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 3. Public—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 4. Light Industrial—minimum of 10 spaces,plus 1 space per 10,000 square feet of gross floor area. 5. Residential- 1 space per 2 dwelling units. D. Location. Bicycle parking shall be located within 50 feet of the primary building entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub. 12. G. E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal,but all temporary or seasonal bicycle parking shall be included within the Proof of Bicycle Parking plan. F. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty(50) percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures, or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The applicant shall demonstrate meeting the requirement through a joint use,district or shared parking agreement. H. Proof of Bicycle Parking.Any bicycle parking not constructed,as shown on the site plan, shall be constructed when determined necessary by the City Planner.If the applicant demonstrates to the satisfaction of the City Planner that the required bicycle parking is in excess of the actual demand,all of the required bicycle parking need not be constructed prior to the issuance of the initial certificate of occupancy for the building being served.The area of future parking shall be landscaped,which landscaping shall not be used to satisfy landscaping requirements. The City Planner shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces.No more than 50 percent of bicycle parking stalls may be placed in proof of bicycle parking. Subd. 13.Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K)of Chapter 11 of the City Code and shall be in substantial conformance with the Town Center Design Guidelines. Subd.4214.Landscaping. A. All sites and buildings within the TC district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City Code, except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total Caliper Inches Required. The following standards apply within the TC district in lieu of said Item 4.(a): 1. Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight(8)feet in height. 2. Total Caliper Inches Required:,4Sites up to up to 5 acres of on-site pervious area require a minimum of eRethree (3) caliper inches of trees shall provided for every 500 square feet of the on-site pervious surface area. Sites with 5 acres or greater of on-site pervious area require a minimum of three(3)caliper inches of trees for every 750 square feet of the on-site pervious area. Pervious pavement areas, green roofs,and undevelopable areas including but not limited to:wetlands,floodways,archeological resource areas,and water bodies are excluded from the on-site pervious surface area calculation. 3. Planting beds and/or decorative planting containers may replace up to 50%of the required caliper inches for trees at a rate of three (3) caliper inches of trees per 500 square feet of cumulative planting beds and/or decorative planting containers. 4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs, ornamental grasses, ground cover, vines, annuals, or perennials to provide year round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion thcrcof.of the caliper inches required by this section as determined through the PUD process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 6. Eco-grass,green roofs,rooftop gardens,limiting irrigation through xeriscaping and rainwater collection and reuse, public art, and other sustainable practices related to landscaping may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. B. Landscaping shall be in substantial conformance with the Town Center Design Guidelines. Due to the urban character of the Town Center District, less landscape space will be available than in other zoning districts. Therefore a higher level of design detail and level of landscaping is required for the concentrated open space, pervious surface areas, plazas, planters, screening areas and streetscape areas. Rooftop gardens and green roofs are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Subd.4315.Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70 and shall be in substantial conformance with the Town Center Design Guidelines. Subd.4416.Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03 Subd 4(E)and shall be in substantial conformance with the Town Center Design Guidelines. Subd. 4517. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities standards in Section 11.03 Subd 3(I) and Wastes standards in Section 11.03 Subd 4(F) of Chapter 11 of the City Code and shall be in substantial conformance with the Town Center Design Guidelines. Source: Ordinance No.28-2007 Effective Date: 12-27-2007 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 13, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Jonathan Stanley, Housing & Community Services Manager; Janet Jeremiah, Com. Dev. Director; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Vice-Chair Farr called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Absent were commission members DeSanctis, Higgins, Pieper, and Weber. III. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Villarreal, to accept the agenda. Motion carried 5- 0. IV. MINUTES MOTION: Villarreal moved, seconded by Freiberg to accept the minutes of Monday, July 23, 2018. Motion carried 5-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS CODE AMENDMENT CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER(TC) Request to: PLANNING COMMISSION MINUTES August 13, 2018 Page 2 • Amend City Code Chapter 11 to address the TOD and TC zoning districts. Proposed amendments provide consistency between the districts where appropriate Klima presented a PowerPoint and explained the proposed amendments to the TOD and TC zoning districts. These were primarily housekeeping items and provided more clarity with the current regulations. Amendments proposed in the TOD zoning district included minor modifications to definitions included within the code. In the TC zoning district, more substantive amendments were being proposed including the addition of regulations for supplemental analysis or studies may be required to address traffic impacts, traffic demand management, and parking as deemed necessary. Other proposed amendments to the TC zoning district included the addition of regulations for pedestrian and off-street bicycle facilities standards, and revisions to the landscaping regulations to provide clarity and consistency with the TOD district where appropriate. Staff conducted outreach to the representatives of the Liberty Property Trust and the Evine Live properties since both representatives spoke during the public hearing process for the TOD ordinance in 2016. Staff recently provided both representatives draft copies of the proposed code amendments. In response, staff received a comment letter dated August 6, 2018 from Richard Weiblen, representing Liberty Property Trust. The letter was included for reference as an attachment with this staff report. Most of the comments included in the letter reflected existing city code regulations and did not pertain to the proposed code amendments. Staff recommended approval. Kirk noted he was on the Planning Commission for the Town Center ordinance, which broke new ground, and found this review particularly applicable, and agreed the code needed a clean-up. Farr suggested discussion the code amendments topic-by-topic. Farr noted a floor-to-floor height instead of a floor-to-ceiling height, seemingly implied by Weiblen's understanding of the amendments, would allow for the thicknesses of floors, and suggested this be redefined to ensure ceiling height consistency. Klima replied staff also wished this to be clarified and worked with the building official to ensure it was defined and consistent. Farr noted Subdivision one,paragraph E mentioned"the need for parking"yet also mentioned"off-street parking"which did not decrease"the need for parking."Mette suggested the "need for parking"was at the specific commercial site, with off-site parking perhaps being a parking ramp across the street, etc. Klima replied Mette had the correct interpretation. The original language was parking needs and requirements,"which was the same thing. The intent was to create more precise language. Farr noted Subdivision 2; Definitions mentioned the "building break."Farr asked why it was not a choice between a recess and a protrusion,but only a recess, and how staff arrived at a two-foot deep dimension instead of a four-foot deep one. Klima replied once one provides a recess a protrusion is also provided. The dimensions were a reference PLANNING COMMISSION MINUTES August 13, 2018 Page 3 back to the Town Center and the City design guidelines; the minimum was set to enforce consistency. Mette asked about the neighborhood-commercial definition. The zoning definition was also "neighborhood-commercial," and she asked if that could be confusing and if it should be called something slightly different. The point was to avoid an IKEA in a residential neighborhood, but most Walgreens, for example, are over 10,000 square feet and would be appropriate for a residential neighborhood. Klima replied this terminology"neighborhood-commercial"term was already in the TC and TOD, as well as in the City Code. There was language in both districts which limit application to the TC and TOD only. The dimensions were not a new regulation, but the amendments were carrying this forward to be more explicit about what is already expected. Kirk asked if the PUD process allow for flexibility of waivers, and Klima, replied it did. Farr asked for and received confirmation the drive-thru prohibited in the language were always prohibited. Villarreal pointed out"drive-thru"was inconsistently spelled. He asked for a clarification this did not include a"drive up" such as at a Jerry's Grocery. Klima replied staff would look at this to ensure"the intent of the Ordinance is maintained. Farr urged other types of drive-thru services be allowed, such as for pharmaceuticals and coffee. Kirk replied to his understanding all were meant to be prohibited for banks. Klima replied staff would like the opportunity to look back at the code to ensure it is clear. Villarreal noted a"drive up"was a tradeoff for parking; one had to have sufficient parking, or some alternative such as a drive-up. Mette agreed. Farr observed on page 11-21 the statement of policy under"Development standards for TOD residential" said"building shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur." This language seemed vague to him. Klima replied the language was a carryover from the purpose statement of the TC to provide consistency between the two. Staff could require a shading analysis be done, depending on the site's specific proposal. Klima replied the PUD process would allow for such flexibility. Farr noted on page 11-36, Paragraph K, the language "visitor parking does not include all-day or long-term parking engaged in loading or unloading goods" could affect Fed Ex, Uber, or Jimmy Johns. Klima replied this language was created with the TOD area because of concerns of property owners who wished to limit such parking to visitors, and prohibit business vehicles parked there all day. Mette proposed: "parking of delivery vehicles engaged in short-term deliveries," instead. Farr replied it would be difficult to police short-term delivery drivers. Freiberg remarked the spirit of the language would not be that restrictive. Villarreal asked for the rules regarding food trucks. Klima replied they are allowed in industrial districts but not commercial districts, and there was an additional licensing PLANNING COMMISSION MINUTES August 13, 2018 Page 4 requirement. Villarreal argued for a greater allowance of food trucks in residential and commercial areas, such as farmer's markets, to create and participate in a sense of community. Klima replied the food trucks were not specifically mentioned here being they were licensed through other entities, but staff could research the language, located elsewhere, and report to the commission members. Kirk expressed support for a broader discussion regarding allowing food trucks. Discussion followed on the benefits of food trucks as an amenity. Farr asked if the office category was still a sliding scale. Klima replied it was in the industrial office category, the commercial office category was still a set standard. Villarreal asked if there would be a place to recommend solar on top of parking structures. Klima replied there was not a lot of discussion of solar in this chapter, but also nothing would prohibit the construction of solar. The City's design guidelines approved in 2016 allowed for a PUD process here as well. Farr noted in 11-40 and 11-41 there were requirements for parking ramps adjacent to buildings, and saw"must include architectural elements,"then"shall include" and "may also include."Klima replied this language was carried over to the TC from the TOD. Farr emphasized having clarity in the code. Villarreal urged there be some language for EV parking and charging. Mette expressed reservations as to how it could impact the City in the future; for example, what if in the past cities had required gas pumps in parking areas. This merited further discussion to avoid putting in well-intentioned requirements, which could become outdated. Farr suggested this belonged in the sustainability section of the code. Mette asked for and received clarification the language in subdivision 14 was mirrored between the TC and TOD. MOTION: Freiberg moved, seconded by Kirk to close the public hearing. MOTION CARRIED 5-0. MOTION: Villarreal moved, seconded by Freiberg to approve the code amendment Chapter 11 Transit Oriented Development (TOD)/Town Center(TC)based on recommendations and information contained in the staff report dated August 9, 2018. MOTION CARRIED 5-0. VIII. PLANNERS' REPORT A. ASPIRE 2040 UPDATE HOUSING PLANNING COMMISSION MINUTES August 13, 2018 Page 5 Klima introduced Jonathan Stanley, Housing and Community Services Manager. Stanley presented a PowerPoint and summarized the Housing chapter. The goals of this chapter are 1)to incentivize attainable and affordable housing options for lower-income households so they can move to and remain in Eden Prairie; 2) to work with public and private sectors, other government entities and the community to envision the finance innovative demonstration projects and developments; 3) to promote senior housing opportunities which would increase choice and enable seniors who choose to downsize to age in the community; 4)to address the aging housing stock to prevent loss of naturally occurring affordable housing (NOAH); and 5) to prioritize housing around public transit with access to services,jobs,parks, and more. Eden Prairie undertook a housing study in 2017. The City has a number of housing implementation strategies in its toolkit, including the use of TIF (Tax Increment Financing), tax abatement, Consolidated"Super"RFP, housing choice vouchers, capitalizing on TOD areas, and more. The minimum expectation is to have 5 percent of units at 50 percent AMI and 5 percent of units at 80 percent AMI. Stanley presented four questions for the commission. The commission members discussed each question in turn. Question 1: Should the policy have flat amounts or a range of options—e.g., 5 percent at 50 percent and 5 percent at 80 percent of AMI, or developer choice of 5 percent at 30 percent, 10 percent at 50 percent, or 15 percent at 80 percent? Discussion followed on the advantages of having a starting point as a guide and a choice or a range of options instead of fixed absolute percentages. Mette suggested having a limit to the size of project this would affect, along with an "opt-out" option including the possibility of funding other amenities. Question 2: Should the policy apply to all development activity—e.g. new construction, rehab, renovation, adaptive reuse, non-residential use to residential conversion? Discussion followed on applying this policy evenly to all residential activity. Farr suggested an exclusion for simple remodeling. Question 3: Should the affordability threshold(s)be the same for rental and for- sale housing (other municipalities use a single 80 percent AMI threshold for for- sale product)? Discussion followed on why having the threshold be the same for both would not be a benefit. Mette noted affordable housing is difficult to make "work" for the reason artificial deflation of property unjustly affected those who, say, received a PLANNING COMMISSION MINUTES August 13, 2018 Page 6 raise or improved their homes and raised the value. The whole point of owning a home and building equity is lost. Freiberg agreed, and stated the financing of both were quite different. Question 4: Term of affordability—is perpetuity always feasible (e.g. should affordability in perpetuity be required in every circumstance)? Discussion followed on why a perpetuity goal could actually hamper the goal of providing affordable housing in the future. Freiberg objected to the word"every." Mette suggested the category have a cap of up to 40 years, after which it becomes naturally occurring affordable housing. Farr agreed, and suggested creating a metric around this. He suggested an opportunity every ten or so years to petition to City for a change. Kirk agreed. Farr asked for a different way to ask Question 4 to allow for a revisit(say, every 10 years) of the perpetuity clause. Mette suggested integrating the goals on the attainable and affordable housing slide with market rates, and to include in the NOAH goal to help and incentivize property owners to improve their properties, not just maintain them. Discussion followed on the definition of"environmental resilience" on the attainable and affordable housing slide. Villarreal asked for definitions of"passive and active solar."Discussion followed on examples of both. Villarreal noted Generation X was not referenced in this document. Klima offered in each case to look at the language. Stanley thanked the commission members for their feedback. LAND USE Klima presented the Land Use chapter. Land use categories were being modified to respect existing development and reflect evolving patterns and trends. The goals were 1)to continue to develop the City in accordance with the Comprehensive Plan; 2)to focus on creating a more dynamic mix of land uses throughout Eden Prairie, and 3) to instill in residents, visitors, and others the value of Eden Prairie's history. Klima displayed and explained the proposed added land use categories (mixed use, commercial, industrial flex tech, flex service, and eco- innovation). Farr asked how the contour line on the Development Areas Map and MUSA slide was set. Rue replied most of it was based on the gravity line boundary, set when the City put in the Red Rock Interceptor. Kirk replied he was also under the impression—this was the protection of the bluff slope. Farr asked if there was a small hotel in the southwest corner near the auto salvage. Rue replied there was; these properties were in Chanhassen. Farr asked for an identification of the upper red area in the map. Klima replied it was the Shady Oak strip mall center. This was guided TOD due to its proximity to the train station as well as other factors. Farr asked if landowners would be contacted when this is published to inform them of the land use change. Klima replied the City would follow its legal PLANNING COMMISSION MINUTES August 13, 2018 Page 7 obligations with a notice in the newspaper and a news blast on the website, as well as via City Connect, etc. Farr asked if there was historical precedence for appraisers changing appraisals of these properties because of these changes. Klima replied there could be land value changes; whether or not this plan triggers a reappraisal on individual properties was not a question she could answer. Villarreal asked if the existing electric transmission line corridors were required to be turned into pollinator plantings. Klima replied this was likely a strategy or implementation action rather than an overall policy plan. Villarreal stated the commercial and industrial areas would likely be optimal areas for DC fast chargers for electric vehicles, and asked if this would be an appropriate use of an industrial site. Klima replied that was a zoning question rather than a higher-level policy question of land use on the guiding map. Villarreal remarked the Pollution Control Agency was looking at putting in DC chargers right now as well as electric buses, and he wanted to be proactive in looking at such aligned land uses and including them in the land use designation. IX. MEMBERS' REPORTS X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Kirk moved, seconded by Villarreal to adjourn the Planning Commission meeting. MOTION CARRIED 5-0. Chair Farr adjourned the meeting at 10:27 p.m. p LIBERTY - PROPERTY JT TRUST August 6, 2018 Julie Klima, City Planner City of Eden Prairie 8080 Mitchel Road Eden Prairie MN, 5344 SUBJECT: Code Amendment—Transit Oriented Development(TOD) Dear Julie, Upon review of the proposed ordinance amendments we received from Angie Perera of your office, we have the following comments and concerns. Page 11-30, (i)the proposed amendment is changing the ground floor height from 10 feet to 12 feet. This change has several ramifications. 1. The TOD-E district requires the ground floor in all buildings shall be commercial ready along the primary transit street (11-28(1)).The 12-foot height does not appear to be compatible with this standard. 2. The TOD-E district Statement of Policy(11-26) states that the district will have limited commercial use.There is conflict here in the sense that there is limited retail use yet all of the ground floors have to be commercial ready.This conflict creates a significant expense which is likely not economically feasible or practical for the remaining building structure. 3. Commercial tenant spaces are limited to 10,000 sq.ft. or 25,000 for grocery.Since commercial is going to be limited in the TOD-E district, it seems unnecessary to be so specifically defined. Due to the limited use of retail and cost of 10 or 12-foot ceilings,the TOD-E District should allow flexibility in commercial tenant size. Other items that we continue to have concerns about regarding the current and future business operations in the TOD-E district,that we wish to see resolved with any amendment to the TOD—E ordinance language, include; 1. Visitor Parking is only allowed for short-term parking and only to the rear of the building. (11-29 (1)). Having no customer surface parking and all visitor parking away from the front door does not make practical or economic sense for an Employment District. Having all parking within structures and no front-door visitor parking may be suitable for the Mixed Use or Residential TOD but not for the Employment District. FYI—our mixed use consultants,who design large projects nationwide, are adamant that convenience parking is critical to the success of all high density projects. 2. This issue is compounded with the recent notice that the SWLRT will be removing 126 surface parking stalls at the Station Area.The potential lack of parking stalls within the Employment 10301 W. 70th Street, Eden Prairie, MN 55344 1952.947.1100 libertyproperty.com District, as a result of increased LRT parking demand is not a business-friendly approach to our customers or employees. 3. The setback from the Rail Corridor(11-29) should be defined. 4. Residential uses should be allowed in the TOD-E District. Currently,the last sentence of the TOD- E ordinance (11-30(B)) notes that residential buildings are allowed in the TOD-E district and provides the relevant standards. However, residential uses are not listed as a permitted use except for Live/work space such as artist lofts. (11-28) With the Golden Triangle station located in the heart of this area, more flexibility for residential uses should be allowed to ensure the commercial businesses have sustainable demand. 5. As an employment district that currently consists of warehousing and manufacturing businesses and employs hundreds of people in full time, long term, high paying careers,we continue to have concerns regarding the limited use of warehouse/distribution space (15%) in the future; it is noted only as an accessory use. Warehousing and manufacturing are critical components of the technology industries that are fueling the future of our economy and the success of the Golden Triangle. 6. One of our largest concerns with the TOD ordinance was that it was unclear how the TOD ordinance would apply to existing buildings/developments. City Staff stated that the Comprehensive Plan would address"triggers"for when re-zoning of sites for new projects or updates to current businesses should be changed. We want to make sure that these "triggers" are adequately addressed in the updated comprehensive plan so as not to create unfavorable conditions for Liberty Property Trust or our tenants and their employees. Liberty Property Trust is a partner with the City of Eden Prairie in supporting the SWLRT and the benefits light rail will bring to the community and the Golden Triangle area.We are a large stakeholder in ensuring the success of light rail and the development around the station area and will continue to work with the city to provide our business insight during the creation and adoption of TOD ordinances that can successfully support the City,SWLRT, property owners and local businesses (current and future) while defining the bigger picture for the Golden Triangle Transit Area. Sincerely, LIBERTY PROPERTY TRUST Xle&e....,‘ Richard Weiblen VP, Development cc: Neal Driscoll,VP, Market Officer, Liberty Property Trust CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 04 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims City Manager/Finance X. Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 262471 - 262725 Wire Transfers 1020551 - 1020670 Wire Transfers 6723 - 6740 Purchasing Card 6736 City of Eden Prairie Council Check Summary 09.04.2018 Division Amount Division Amount 29,092 304 Senior Board 7 100 City Manager 3,939 309 DWI Forfeiture 1,605 101 Legislative 842 315 Economic Development 15,000 102 Legal Counsel 45,766 502 Park Development 384,437 110 City Clerk 110 509 CIP Fund 51,293 111 Customer Service 1,370 522 Improvement Projects 2006 95,714 113 Communications 7,421 529 Shady Oak Rd-CR 61 South 193 114 Benefits&Training 8,044 531 Eden Prairie Road 1,160 130 Assessing 2,948 532 EP Road Connect Flying Cloud 8,971 131 Finance 660 804 100 Year History 11 132 Housing and Community Services 132 Total Capital Projects Fund 558,391 133 Planning 10 136 Public Safety Communications 2,243 601 Prairie Village Liquor 86,838 137 Economic Development 1,337 602 Den Road Liquor 169,541 138 Community Development Admin. 27 603 Prairie View Liquor 107,785 150 Park Administration 826 605 Den Road Building 1,354 151 Park Maintenance 46,780 701 Water Enterprise Fund 169,021 153 Organized Athletics 1,998 702 Wastewater Enterprise Fund 353,324 154 Community Center 25,833 703 Stormwater Enterprise Fund 190,245 155 Beaches 43 Total Enterprise Fund 1,078,109 156 Youth Programs 13,625 157 Special Events 5,403 316 WAFTA 171 158 Senior Center 5,137 803 Escrow Fund 5,068 159 Recreation Administration 665 807 Benefits Fund 758,082 160 Therapeutic Recreation 1,856 809 Investment Fund 1,193 162 Arts 3,089 810 Workers Comp Insurance 130,656 163 Outdoor Center 3,434 811 Property Insurance 116,151 164 Park Rental Facilities 366 812 Fleet Internal Service 88,566 168 Arts Center 232 813 IT Internal Service 16,885 180 Police 30,698 814 Facilities Capital ISF 19,486 184 Fire 15,541 815 Facilites Operating ISF 26,156 200 Engineering 413 816 Facilites City Center ISF 76,748 201 Street Maintenance 14,858 817 Facilites Comm.Center ISF 40,285 202 Street Lighting 71,124 Total Internal Svc/Agency Funds 1,279,446 Total General Fund 345,863 Total Report 3,262,786 301 CDBG 721 303 Cemetary Operation 50 312 Recycle Rebate 206 Total Special Revenue Fund 977 City of Eden Prairie Council Check Register by GL 9/4/2018 Check# Amount Supplier/Explanation Account Description Business Unit Comments 262559 368,520 NEW LOOK CONTRACTING INC Improvements to Land Park Acquisition&Development Reconstruct Soccer Field 11 Miller Park 262676 348,871 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee Sept 2018 6733 265,233 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 08.17.18 262657 263,057 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Sept 2018 262672 246,807 LEAGUE MN CITIES INS TRUST Insurance Workers Comp Insurance Work comp/property insurance 6731 165,971 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 08.03.18 262545 148,550 MACQUEEN EQUIPMENT INC Machinery&Equipment Stormwater Capital New Elgin Crosswind 6726 111,169 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax July 2018 1020607 108,575 XCEL ENERGY Electric City Center-CAM Mulit location electric 6736 53,120 USB-PURCHASING CARD Small Tools Water Distribution 1020648 46,558 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 262505 46,541 DMJ ASPHALT INC Other Contracted Services Capital Maint.&Reinvestment 262692 43,026 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 262538 34,518 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1020641 32,327 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 262667 30,585 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1020663 29,930 SRF CONSULTING GROUP INC Design&Engineering EP Rd Connect to Flying Cloud 1020594 29,244 PARROTT CONTRACTING INC Equipment Repair&Maint Water Distribution 262596 27,916 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center-CAM 262521 26,729 GRAYMONT Treatment Chemicals Water Treatment 6735 26,246 EMPOWER Deferred Compensation Health and Benefits 262486 26,166 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 262506 25,197 DODGE OF BURNSVILLE Autos Fleet-Police 1020657 21,629 ODESA II LLC Other Contracted Services Pioneer Park(EP Road) 262485 21,284 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 262660 20,000 HENNEPIN COUNTY TREASURER Right of Way&Easement Improvement Projects 2006 262654 18,404 GRAYMONT Treatment Chemicals Water Treatment 6734 18,360 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 262546 17,567 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 262643 15,000 EDINA REALTY Accounts Receivable TIF-Eden Shores Senior Housing 262618 14,302 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 262579 14,298 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 262624 13,690 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 262499 13,665 COMMERCIAL TRUCK COLLISSION INC Equipment Repair&Maint Fleet Operating 262656 13,040 GREEN ACRES SPRINKLER COMPANY Other Contracted Services Park Acquisition&Development 262617 12,166 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1020633 11,920 WSB&ASSOCIATES INC Design&Engineering Capital Maint.&Reinvestment 262536 11,912 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 262699 11,761 SEBCO INC Other Contracted Services Facilities Capital 1020600 11,542 STREICHERS Protective Clothing Police 262690 11,450 PREMIER LAKE HARVESTING LLC Maintenance Contracts Stormwater Non-Capital 262666 11,291 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 262490 10,808 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 6738 10,133 FURTHER-AKA SELECT HSA-Employee Health and Benefits 262712 10,000 THE PRESERVE ASSOCIATION Right of Way&Easement Improvement Projects 2006 262723 9,978 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 262557 9,332 NAC Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 262487 8,944 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 262620 8,400 BUI XUAN Right of Way&Easement Improvement Projects 2006 Check# Amount Supplier/Explanation Account Description Business Unit Comments 262584 7,900 TOWN&COUNTRY FENCE Capital Under$25,000 Stormwater Capital 262718 7,885 VERIZON WIRELESS Cell/Pager Plans IT Operating 1020667 7,763 WALL TRENDS INC Contract Svcs-General Bldg Fleet Operating 262701 7,705 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 262678 7,384 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services 262547 6,825 MILLER CHRISTIE SUE Right of Way&Easement Improvement Projects 2006 262721 6,650 WATER CONSERVATION SERVICES INC Equipment Repair&Maint Water Distribution 262694 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 262479 6,483 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 262543 6,275 LYNCH CAMPS INC Instructor Service Camps 262688 6,244 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 262567 6,045 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 262632 5,873 COMMERCIAL ASPHALT CO Patching Asphalt Stormwater Collection 262623 5,750 CANADA GOOSE MANAGEMENT INC Other Contracted Services Stormwater Non-Capital 1020637 5,574 ASPEN EQUIPMENT CO. Autos Fleet Capital 262519 5,474 GOPHER PERFORMANCE Capital Under$25,000 Fitness Center 1020586 5,207 HAWKINS INC Treatment Chemicals Water Treatment 262674 4,922 MARSDEN BLDG MAINTENANCE Equipment Repair&Maint Utility Operations-General 1020658 4,825 PEARSON BROTHERS INC Seal Coating Street Maintenance 6728 4,761 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 262476 4,658 ALLIED GENERATORS Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 1020654 4,434 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance 262647 4,429 FIRE SAFETY USA INC Equipment Repair&Maint Fleet Operating 262668 4,209 JOHNSON CONTROLS Contract Svcs-Ice Rink Ice Arena Maintenance 262663 4,062 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 262512 4,060 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 262491 4,042 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 1020636 4,017 A-SCAPE INC Contract Svcs-Lawn Maint Building 51 262697 3,997 SAFETY SIGNS Repair&Maint.Supplies Water Distribution 262669 3,931 KELLER FENCE INC Equipment Repair&Maint Water Supply(Wells) 1020589 3,825 JEFFERSON FIRE&SAFETY INC Clothing-Boots Fire 262715 3,750 TWIN CITIES FANTASY FACTORY LLC Other Contracted Services July 4th Celebration 1020630 3,750 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 262703 3,522 SPAULDING DECON Miscellaneous Police 1020605 3,473 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 262646 3,466 FINLEY BROS INC Outside Water Sales Round Lake 262702 3,460 SPACK CONSULTING Deposits Escrow 262605 3,455 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 262589 3,374 VERIZON WIRELESS Data Plans-Police Park Maintenance 1020643 3,367 ELECTRIC PUMP Equipment Repair&Maint Wastewater Lift Station 1020577 3,304 YOUNGSTEDTS COLLISION CENTER Autos Fleet Operating 1020639 3,260 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 262552 3,231 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 262477 3,059 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Water Capital 262496 3,000 CLEARPOINT STRATEGY Other Contracted Services Administration 1020596 2,941 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Supply(Wells) 262571 2,939 RADIO CITY Capital Under$25,000 Outdoor Center 262675 2,898 MEDICINE LAKE TOURS Special Event Fees Trips 1020638 2,866 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility 262528 2,810 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 262593 2,807 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 262483 2,788 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 262614 2,785 BLOOMINGTON,CITY OF Kennel Services Animal Control Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020616 2,757 GREENSIDE INC Contract Svcs-Lawn Maint. City Center-CAM 262492 2,724 CENTURYLINK Fiber Lease Payments City Center-CAM 262598 2,686 AERO DRAPERY AND BLIND Contract Svcs-Pool City Hall(City Cost) 262677 2,668 MIDWEST PLAYSCAPES Landscape Materials/Supp Park Maintenance 262535 2,641 JELLISONS BEST BLACKTOP Other Contracted Services Park Maintenance 262650 2,595 GENERAL REPAIR SERVICE Equipment Parts Water Treatment 1020581 2,513 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Maintenance Facility 1020646 2,509 GENUINE PARTS COMPANY Repair&Maint.Supplies Fleet Operating 1020669 2,495 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1020611 2,443 BRAUN INTERTEC CORPORATION Testing EP Rd Connect to Flying Cloud 262530 2,381 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 262507 2,306 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1020579 2,243 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 262581 2,117 SUMMIT COMPANIES Building Repair&Maint. Utility Operations-General 262670 2,100 KLM ENGINEERING INC Design&Engineering Water Capital 262722 2,100 WEBBER RECREATIONAL DESIGN INC Operating Supplies Park Maintenance 262480 1,935 ARVIG Fiber Lease Payments IT Operating 262522 1,927 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 262634 1,864 CUMMINS NPOWER LLC Equipment Repair&Maint Fleet Operating 262633 1,791 CORE&MAIN Equipment Parts Stormwater Collection 1020662 1,757 REINDERS INC Other Contracted Services Park Acquisition&Development 262719 1,726 VIDEOTRONIX INC Contract Svcs-Security City Hall(City Cost) 262626 1,721 CEMSTONE PRODUCTS COMPANY Seal Coating Water Distribution 262566 1,718 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1020606 1,639 WM MUELLER AND SONS INC Patching Asphalt Stormwater Collection 262560 1,621 NORTH PINE AGGREGATE,INC Gravel Stormwater Collection 262601 1,590 ALLIED GENERATORS Contract Svcs-Fire/Life/Sfty City Center-CAM 1020580 1,560 CENTERPOINT ENERGY Gas Den Road Liquor Store 262515 1,540 FIRE SAFETY USA INC EMS Supplies Fleet Operating 262649 1,538 GENERAL OFFICE PRODUCTS COMPANY Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 262558 1,538 NATIONAL MARTIAL ARTS ASSOCIATION,INC Operating Supplies Lesson Skills Development 262544 1,490 MACPHAIL CENTER FOR MUSIC Other Contracted Services New Adaptive 1020591 1,452 MENARDS Repair&Maint.Supplies Water Treatment 1020575 1,430 VAN PAPER COMPANY Cleaning Supplies Park Shelters 1020632 1,401 VINOCOPIA Liquor Product Received Prairie View Liquor Store 262653 1,364 GOPHER STATE ONE-CALL OCS-Utility Locates Utility Operations-General 1020644 1,361 FILTRATION SYSTEMS Supplies-HVAC Fitness/Conference-Cmty Ctr 262527 1,354 HARRIS MECHANICAL SERVICES LLC Equipment Repair&Maint Utility Operations-General 1020618 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Center-CAM 262592 1,325 WATCHGUARD VIDEO Miscellaneous DWI Forfeiture 1020572 1,306 SWANK MOTION PICTURES INC Operating Supplies Special Initiatives 262655 1,302 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 262720 1,302 VORTEX OPTICS Training Supplies Police 262687 1,284 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 262525 1,251 GYM WORKS Capital Under$25,000 Police 6740 1,230 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 262594 1,200 WOLTER MICHELLE M Right of Way&Easement EP Rd Connect to Flying Cloud 1020560 1,200 GREGOIRE,DAVID Other Contracted Services Communications 262588 1,193 US BANK Interest Investment Fund 6730 1,177 FURTHER-AKA SELECT Other Contracted Services Health and Benefits 262608 1,152 BARNA,GUZY&STEFFEN,LTD Legal Legal Council 1020576 1,092 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 262482 1,075 AT YOUTH PROGRAMS LLC Instructor Service Tennis Check# Amount Supplier/Explanation Account Description Business Unit Comments 6727 1,060 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 262611 1,054 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 262516 1,052 FLEET MAINTENANCE INC Equipment Parts Fleet Operating 1020645 991 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 262599 985 AFFILIATED EMERGENCY VETERINARY SERV Other Contracted Services Animal Control 262597 980 ACADEMY OF RUSSIAN BALLET Instructor Service Preschool Events 262630 956 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1020655 946 MINNESOTA RECREATION&PARK ASSOCIATION Special Event Fees Softball 262706 922 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment 262488 871 BRUCE METAL WORKS INC Signs Traffic Signs 262686 857 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 262503 840 DAVANNI'S PIZZA Merchandise for Resale Concessions 262518 838 GEBHARD COLLIN Rebates Water Conservation 262555 826 MRPA Conference/Training Parks Administration 262704 813 STAPLES ADVANTAGE Office Supplies Fitness/Conference-Cmty Ctr 262586 812 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 1020574 800 URBINA,JAIME Capital Under$25,000 Prairie Village Liquor Store 262475 798 ALEX AIR APPARATUS INC Equipment Repair&Maint Emergency Preparedness 6737 791 FURTHER-AKA SELECT Medical/Dental Premiums Health and Benefits 262501 771 CORE&MAIN Landscape Materials/Supp Wasterwater Collection 1020585 756 GRAINGER Equipment Parts Pool Maintenance 262575 754 SIGNSOURCE Signs Capital Outlay Parks 1020609 748 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 262705 745 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 262638 726 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Den Road Liquor Store 262602 719 APPLIED ECOLOGICAL SERVICES INC Maintenance Contracts Stormwater Non-Capital 262582 717 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1020668 706 WATSON CO INC,THE Merchandise for Resale Concessions 262537 703 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 262526 700 HARD DAY'S NIGHT-A BEATLES TRIBUTE Other Contracted Services Staring Lake Concert 262609 700 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 1020563 700 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital 1020582 694 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 1020660 693 PRAIRIE ELECTRIC COMPANY Small Tools Public Safety Communications 262573 686 SIGNATURE MEDIA GROUP INC Seal Coating Street Maintenance 262517 680 FORTERRA PIPE& PRECAST Equipment Parts Stormwater Collection 262685 658 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 262534 657 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 262610 656 BEACON ATHLETICS Operating Supplies Park Maintenance 262629 653 CINTAS CORPORATION Operating Supplies Softball 262709 640 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1020588 638 J&D WINDOW CLEANING Janitor Service-General Bldg City Center-CAM 262587 611 TYLER TECHNOLOGIES INC Software IT Capital 1020569 607 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1020603 601 VISTAR CORPORATION Merchandise for Resale Concessions 262681 588 MOST DEPENDABLE FOUNTAINS Repair&Maint.Supplies Park Maintenance 1020592 585 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 262590 580 WALLACE CARLSON PRINTING Printing Assessing 262493 565 CENTURYLINK Internet IT Operating 262585 560 TRI STATE BOBCAT INC. Landscape Materials/Supp Street Maintenance 1020647 560 GRAINGER Cleaning Supplies Fitness/Conference-Cmty Ctr 262606 554 ASPEN MILLS Clothing&Uniforms Fire 1020653 550 METRO SALES INCORPORATED* Printing Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020634 526 AMERICAN TIME&SIGNAL CO Supplies-General Building City Hall(City Cost) 262664 518 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 262651 495 GLASS&MIRROR OUTLET INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1020608 494 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Senior Center 1020661 469 PREMIUM WATERS INC Operating Supplies-Water Fire 1020604 469 WATSON CO INC,THE Merchandise for Resale Concessions 262636 462 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 6732 462 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1020619 461 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Park Shelters 1020635 451 AMERITRAK Other Contracted Services Snow&Ice Control 262481 448 ASPEN MILLS Clothing&Uniforms Fire 1020598 447 SHI CORP Equipment Repair&Maint IT Operating 262716 440 TYLER TECHNOLOGIES INC Software IT Capital 1020659 434 POMP'S TIRE SERVICE INC Tires Fleet Operating 262531 432 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Fire Station#2 1020597 420 REINDERS INC Chemicals Park Maintenance 6723 420 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 1020590 415 LAWN RANGER,INC,THE Other Contracted Services Park Maintenance 262514 390 ESTRINE,ROBERT Other Contracted Services Community Band 262612 378 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 262494 364 CINTAS CORPORATION Safety Supplies Community Center Admin 262613 360 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Park Maintenance 1020625 350 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 262625 349 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 1020558 348 GREAT AMERICAN BUSINESS PRODUCTS Parking Permits Community Center Admin 1020559 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 262696 339 ROTO ROOTER SERVICES COMPANY Contract Svcs-Plumbing City Center-CAM 262533 336 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 262693 334 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Center-CAM 1020610 333 BERRY COFFEE COMPANY Merchandise for Resale Concessions 262523 333 GS DIRECT Operating Supplies Engineering 262583 326 THIESE JERRY Rebates Water Conservation 262500 315 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance 262637 307 E A SWEEN COMPANY Merchandise for Resale Concessions 1020565 305 NEW PIG CORPORATION Waste Disposal Fleet Operating 262682 298 NAVARRO,LEON Mileage&Parking Facilities Staff 262495 293 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1020566 288 PHYSIO CONTROL INC EMS Supplies-EMS Supplies Fire 1020552 288 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1020642 275 ECM PUBLISHERS INC Advertising Prairie Village Liquor Store 262673 270 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 262565 264 PARKER MONICA P&R Refunds Community Center Admin 262671 263 LAKE COUNTRY DOOR LLC Contract Svcs-Gener Fire Station#4 262691 262 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 6725 261 VANCO SERVICES Bank and Service Charges Wastewater Accounting 262591 260 WARNING LITES Seal Coating Street Maintenance 1020584 258 GARTNER REFRIGERATION&MFG INC Repair&Maint-Ice Rink Ice Arena Maintenance 262473 255 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 262635 250 DAHLEN SIGN CO Operating Supplies Tree Disease 262574 249 SIGNSOURCE Printing Arts 262569 245 PRAIRIE RESTORATIONS INC Maintenance Contracts Stormwater Non-Capital 1020652 241 MENARDS Repair&Maint.Supplies Utility Operations-General 1020650 240 LAWN RANGER,INC,THE Other Contracted Services Park Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 262510 239 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Fire 1020626 234 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Street Maintenance 262628 234 CINTAS Operating Supplies Park Maintenance 1020615 229 FASTENAL COMPANY Equipment Parts Fleet Operating 262504 225 DIRECTV Cable TV Community Center Admin 6729 222 OPTUM HEALTH Other Contracted Services Health and Benefits 262568 221 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 262652 213 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg Fire Station#4 1020595 212 POMP'S TIRE SERVICE INC Tires Fleet Operating 1020557 207 GAEBEL KELLY Mileage&Parking Park Facilities 262508 206 E A SWEEN COMPANY Merchandise for Resale Concessions 262542 201 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 262577 200 SMITH TRACEY DENISE Licenses,Taxes,Fees Theatre Initiative 1020621 199 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr 262513 195 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 262615 195 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1020622 193 QUALITY PROPANE Repair&Maint-Ice Rink Ice Arena Maintenance 1020567 193 PIKE,JESSICA Mileage&Parking Assessing 262603 190 AQUA LOGIC INC Repair&Maint.Supplies Round Lake 262497 190 COMCAST Internet IT Operating 262484 189 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 262616 185 BRASS FOUNDERY Liquor Product Received Prairie View Liquor Store 1020570 184 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Park Maintenance 1020656 182 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 262708 182 SULLIVAN,SHAUN Mileage&Parking Facilities Staff 262661 181 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 262489 181 BRY-AIR INC Building Repair&Maint. Utility Operations-General 1020628 181 STREIFF,CHAD Travel Expense Police 262553 180 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 1020651 176 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1020601 174 ULINE Operating Supplies Park Maintenance 262627 173 CENTURYLINK Internet IT Operating 1020629 172 THOMPSON JONATHAN Mileage&Parking Assessing 262622 171 CAMPBELL KNUTSON,P.A. Legal WAFTA 262556 170 MURTHY VANDANA P&R Refunds Community Center Admin 262713 166 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1020620 160 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 262576 158 SLATON JEFF AR Utility Water Enterprise Fund 262642 150 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 1020666 150 USA SECURITY Maintenance Contracts Water Treatment 1020583 148 FACTORY MOTOR PARTS COMPANY Small Tools Fleet Operating 262580 143 STAPLES ADVANTAGE Office Supplies Customer Service 262680 143 MN MAINTENANCE EQUIPMENT INC Operating Supplies Park Maintenance 1020664 143 STERICYCLE INC Other Contracted Services Police 1020564 138 MPX GROUP,THE Printing Police 262604 137 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 1020551 125 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 1020617 125 LINDHOLM,HEATHER Tuition Reimbursement/School Fitness Classes 262561 124 OFFICE OF MN IT SERVICES Other Contracted Services Police 262595 124 A TO Z RENTAL CENTER Landscape Materials/Supp Capital Maint.&Reinvestment 1020640 122 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 1020556 119 FASTENAL COMPANY Safety Supplies Fleet Operating 262717 116 UNITED STATES POSTAL SERVICE Postage Senior Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020599 115 SPS COMPANIES Supplies-Plumbing Park Shelters 262471 113 3RD LAIR Instructor Service Camps 262644 110 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 1020553 108 BATTERIES PLUS Supplies-Plumbing Park Shelters 262619 105 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Preserve Park 262707 105 SUBSCRIPTION SERVICES Dues&Subscriptions Assessing 262472 100 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 262524 100 GULED BAHJO P&R Refunds Community Center Admin 262572 100 SCW WIM INC Licenses,Taxes,Fees Fitness Classes 262679 100 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Taxes,Fees Maintenance Facility 262698 100 SCW WIM INC Licenses,Taxes,Fees Fitness Classes 262711 100 TAYLOR MARGARET A Instructor Service Youth Programs Admin 262563 97 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 262700 96 SHRED RIGHT Waste Disposal City Hall(City Cost) 1020614 93 DAVIS,HEATHER Mileage&Parking Youth Programs Admin 1020649 92 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 262645 89 FASTSIGNS Operating Supplies Housing and Community Service 262600 88 ALERUS FINANCIAL,N.A. Other Contracted Services Police 262554 81 MOTOROLA SOLUTIONS INC Equipment Repair&Maint Public Safety Communications 262607 80 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 6724 80 MONEY MOVERS INC Other Contracted Services Community Center Admin 262511 80 EDINA,CITY OF Other Contracted Services Elections 262621 75 BUSCH BROTHERS MACHINING INC Equipment Parts Water Treatment 262648 74 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 262689 74 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 262710 73 SYVERSON HARLAN P&R Refunds Community Center Admin 262562 69 PAINT CREEK NURSERY Landscape Materials/Supp Tree Disease 1020561 69 IRMITER,JESSE Tuition Reimbursement/School Police 262539 66 KENT MEGHAN Clothing&Uniforms Theatre Initiative 262658 65 HENNEPIN COUNTY UT DEPT Software Maintenance Public Safety Communications 1020568 65 SCHULTZ NICOLE Mileage&Parking Recreation Admin 1020670 64 XCEL ENERGY Electric Street Lighting 1020631 60 VEIRE BENTON Mileage&Parking Park Facilities 262578 58 SNAP-ON TOOLS Small Tools Fleet Operating 1020624 57 SCHOBER KAREN Mileage&Parking Park Facilities 1020578 57 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility 262540 55 KUTZ MICHAEL Mileage&Parking Engineering 262551 54 MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance 262549 53 MINNESOTA DEPARTMENT OF NATURAL RESOURCE Licenses,Taxes,Fees Stormwater Non-Capital 262550 51 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 262665 50 INDELCO PLASTICS CORP Repair&Maint.Supplies Round Lake 262684 50 NORQUAL GRETCHEN Burial&Marker Fees Pleasant Hill Cemetery 262564 47 PARK NICOLLET CLINIC Employment Support Test Organizational Services 262529 46 HENNEPIN COUNTY RESIDENT&REAL ESTATE Right of Way&Easement Improvement Projects 2006 262724 46 HENNEPIN COUNTY RESIDENT&REAL ESTATE Right of Way&Easement Improvement Projects 2006 262725 46 HENNEPIN COUNTY RESIDENT&REAL ESTATE Right of Way&Easement Improvement Projects 2006 262714 40 TWIN CITIES BUSINESS MONTHLY Dues&Subscriptions Economic Development 1020612 39 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 1020623 39 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 262695 35 ROCKEY,JOSH Mileage&Parking Senior Center Admin 1020613 35 CLAREY'S SAFETY EQUIPMENT Safety Supplies Park Maintenance 262639 30 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 262640 30 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council Check# Amount Supplier/Explanation Account Description Business Unit Comments 262520 28 GOVDEALS INC Deposits Escrow 262474 26 ABDIRAHMAN ZAHRA P&R Refunds Community Center Admin 1020554 26 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 262662 25 HOCH KRISTA Mileage&Parking Pool Operations 6739 25 MINNESOTA DEPT OF REVENUE Licenses,Taxes,Fees Fleet Operating 1020587 24 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Round Lake 1020573 22 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Wasterwater Collection 262509 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 1020555 19 CORDES GABRIELLE Mileage&Parking Special Events Admin 262548 18 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 262541 18 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1020602 16 UPS Postage Fire 262502 15 CUB FOODS EDEN PRAIRIE Operating Supplies Police 1020593 14 NORCOSTCO Clothing&Uniforms Summer Theatre 1020571 11 SPOK,INC. Pager&Cell Phone IT Operating 262641 10 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 1020627 10 STONE CONNOR Mileage&Parking Teen Programs 262478 9 AREIS SAMIRA P&R Refunds Community Center Admin 262570 9 PROP P&R Refunds Community Center Admin 262532 9 HUNT STEPHEN P&R Refunds Community Center Admin 262683 9 NGUYEN LOC P&R Refunds Community Center Admin 1020665 5 UPS Postage Planning 1020562 4 METROPOLITAN FORD Equipment Parts Fleet Operating 262631 2 COMCAST Other Contracted Services Police 3,262,786 Grand Total City of Eden Prairie Purchasing Card Payment Report 9/4/2018 Amount Account Description Business Unit 6,324 Building Surcharge General Fund 3,787 Capital Under$25,000 Fitness Center 2,138 Fire Prevention Supplies Fire 1,275 Equipment Repair&Maint Public Safety Communications 1,146 Operating Supplies Fire 1,018 Plumbing Surcharge General Fund 932 Conference/Training Police 914 Conference/Training Economic Development 882 Special Event Fees Senior Center Programs 733 Other Contracted Services Community Center Admin 685 Conference/Training Administration 679 Operating Supplies Police 659 Mechanical Surcharge General Fund 645 Conference/Training Assessing 625 Tuition Reimbursement/School Police 585 Conference/Training Assessing 568 Landscape Materials/Supp Utility Operations-General 550 Tuition Reimbursement/School Reserves 550 Tuition Reimbursement/School Reserves 512 Licenses,Taxes,Fees Fitness Classes 510 Conference/Training Utility Operations-General 508 Other Rentals Fall Harvest 482 Operating Supplies Fire 480 Operating Supplies Youth Programs Admin 462 Operating Supplies Community Center Admin 447 Operating Supplies Ice Operations 445 Operating Supplies Fire 424 Travel Expense City Council 424 Special Event Fees Trips 415 Bank and Service Charges Den Road Liquor Store 390 Operating Supplies Pickleball 370 Capital Under$25,000 Gymnasium(CC) 360 Capital Under$25,000 Fitness Classes 357 Clothing&Uniforms Pool Lessons 339 Deposits Escrow 336 Operating Supplies Fire 335 Conference/Training Assessing 330 Travel Expense Economic Development 300 Capital Under$25,000 Summer Theatre 288 Operating Supplies Gymnasium(CC) 280 Operating Supplies Police 280 Tuition Reimbursement/School DWI Forfeiture Amount Account Description Business Unit 277 Operating Supplies Youth Programs Admin 273 Operating Supplies Pool Lessons 267 Office Supplies Water Treatment 265 Merchandise for Resale Concessions 264 Bank and Service Charges Prairie View Liquor Store 260 Conference/Training Assessing 255 Tuition Reimbursement/School Utility Operations-General 238 Operating Supplies New Adaptive 225 Awards Finance 216 Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 213 Conference/Training Fleet Operating 210 Conference/Training Finance 210 Conference/Training Finance 209 Operating Supplies Youth Programs Admin 208 Office Supplies Police 205 Building Materials Riley Lake 201 Video&Photo Supplies Communications 201 Bank and Service Charges Prairie Village Liquor Store 199 Conference/Training Fleet Operating 196 Operating Supplies Youth Programs Admin 186 Operating Supplies Day Care 184 Clothing&Uniforms Pool Operations 184 Operating Supplies Community Center Admin 183 Office Supplies Customer Service 180 Operating Supplies Youth Programs Admin 179 Operating Supplies Theatre Initiative 176 Other Contracted Services Den Road Liquor Store 176 Other Contracted Services Prairie View Liquor Store 176 Other Contracted Services Prairie Village Liquor Store 175 Tuition Reimbursement/School Police 175 Tuition Reimbursement/School Police 174 Bank and Service Charges Community Center Admin 167 Operating Supplies Youth Programs Admin 165 Conference/Training Utility Operations-General 160 Operating Supplies Teen Programs 160 Capital Under$25,000 Recycle Rebate 159 Operating Supplies Special Events Admin 156 Travel Expense Administration 155 Operating Supplies Youth Programs Admin 155 Miscellaneous City Council 151 Operating Supplies Police 150 Dues&Subscriptions Tennis 150 Dues&Subscriptions Tennis 149 Miscellaneous Police 149 Conference/Training Fire 145 Tuition Reimbursement/School Park Maintenance Amount Account Description Business Unit 144 Software Communications 144 Mileage&Parking Police 142 Landscape Materials/Supp Utility Operations-General 141 Bank and Service Charges Community Center Admin 140 Operating Supplies Youth Programs Admin 139 Small Tools Fire 134 Computers Staring Lake Concert 132 Operating Supplies Youth Programs Admin 130 Tuition Reimbursement/School Police 129 Operating Supplies Emergency Preparedness 127 Employee Award Organizational Services 125 Tuition Reimbursement/School Police 125 Operating Supplies Senior Center Programs 125 Operating Supplies Youth Programs Admin 120 Licenses,Taxes,Fees Police 120 Operating Supplies Park Maintenance 120 Operating Supplies Youth Programs Admin 120 Operating Supplies Youth Programs Admin 112 Operating Supplies Safety Camp 110 Merchandise for Resale Concessions 105 Operating Supplies Outdoor Center 100 Dues&Subscriptions Fire 98 Travel Expense Administration 98 Office Supplies Police 97 Special Event Fees Senior Center Programs 95 Clothing&Uniforms Pool Lessons 94 Operating Supplies Park Maintenance 93 Equipment Repair&Maint Public Safety Communications 90 Wages No Benefits Den Road Liquor Store 89 Operating Supplies Ice Lessons 89 Tuition Reimbursement/School Police 88 Operating Supplies Park Maintenance 87 Cleaning Supplies Water Treatment 86 Operating Supplies Fire 86 Operating Supplies Theatre Initiative 86 Repair&Maint. Supplies Water Treatment 85 Other Contracted Services Staring Lake 84 Operating Supplies Fire 83 Repair&Maint. Supplies Wastewater Lift Station 82 Conference/Training Utility Operations-General 80 Operating Supplies Fire 80 Computers IT Operating 79 Equipment Repair&Maint Prairie Village Liquor Store 78 Operating Supplies Arts Center 77 Special Event Fees New Adaptive 76 Operating Supplies Ice Operations Amount Account Description Business Unit 75 Landscape Materials/Supp Street Maintenance 75 Special Event Fees Trips 75 Tuition Reimbursement/School Police 75 Tuition Reimbursement/School Police 75 Tuition Reimbursement/School Police 75 Conference/Training Assessing 75 Equipment Repair&Maint Den Road Liquor Store 75 Equipment Repair&Maint Prairie View Liquor Store 73 Operating Supplies Special Events Admin 73 Protective Clothing Fire 72 Merchandise for Resale Concessions 72 Operating Supplies Arts Center 70 Equipment Repair&Maint Public Safety Communications 70 Capital Under$25,000 Fitness Classes 69 Tuition Reimbursement/School Police 69 Tuition Reimbursement/School Police 68 Repair&Maint. Supplies Water Treatment 68 Merchandise for Resale Concessions 68 Licenses,Taxes,Fees Ice Lessons 68 Operating Supplies Park Maintenance 66 Merchandise for Resale Concessions 65 Deposits Escrow 65 Dues&Subscriptions Arts 64 Deposits Escrow 60 Dues&Subscriptions Arts 59 Office Supplies Police 59 Operating Supplies Youth Programs Admin 59 Repair&Maint. Supplies Water Distribution 56 Licenses,Taxes,Fees Concessions 56 Merchandise for Resale Concessions 56 Merchandise for Resale Concessions 55 Operating Supplies Youth Programs Admin 55 Operating Supplies Youth Programs Admin 54 Operating Supplies Day Camp 52 Operating Supplies Park Maintenance 51 Small Tools Fire 50 Small Tools Wasterwater Collection 50 Conference/Training Assessing 50 Operating Supplies IT Operating 49 Small Tools Wasterwater Collection 47 Repair&Maint. Supplies Wastewater Lift Station 46 Operating Supplies IT Operating 46 Small Tools Wastewater Lift Station 46 Motor Fuels Fleet Operating 46 Capital Under$25,000 Recycle Rebate 45 Miscellaneous July 4th Celebration Amount Account Description Business Unit 45 Operating Supplies Day Care 45 Office Supplies Police 43 Operating Supplies Theatre Initiative 43 Operating Supplies Park Facilities 43 Operating Supplies Youth Programs Admin 43 Operating Supplies Round Lake Beach 42 Equipment Repair&Maint Senior Center Programs 42 Merchandise for Resale Concessions 41 Repair&Maint. Supplies Purgatory Creek Park 41 Operating Supplies Outdoor Center 41 Deposits Escrow 41 Operating Supplies Special Events Admin 40 Operating Supplies Community Center Admin 40 Special Event Fees New Adaptive 39 Motor Fuels Fleet Operating 39 Operating Supplies Street Maintenance 38 Merchandise for Resale Concessions 37 Operating Supplies Youth Programs Admin 37 Operating Supplies Day Care 36 Operating Supplies IT Operating 36 Motor Fuels Fleet Operating 36 Deposits Escrow 36 Operating Supplies Theatre Initiative 35 Clothing&Uniforms Pool Operations 35 Repair&Maint. Supplies Round Lake 34 Operating Supplies Arts Center 34 Motor Fuels Fleet Operating 33 Protective Clothing Fire 33 Operating Supplies Fitness Classes 33 Operating Supplies Tree Disease 32 Deposits Escrow 32 Operating Supplies Youth Programs Admin 32 Travel Expense Police 31 Repair&Maint. Supplies Fire 31 Deposits Escrow 30 Operating Supplies Day Care 30 Motor Fuels Fleet Operating 30 Operating Supplies Outdoor Center 30 Operating Supplies Elections 29 Operating Supplies Park Maintenance 29 Travel Expense City Council 28 Operating Supplies Tennis 28 Travel Expense Utility Operations-General 28 Process Control Equipment IT Operating 28 Repair&Maint. Supplies Water Treatment 28 Safety Supplies Arts Center Amount Account Description Business Unit 28 Operating Supplies Outdoor Center 28 Travel Expense Police 27 Merchandise for Resale Concessions 27 Miscellaneous Community Development Admin. 26 Operating Supplies Youth Programs Admin 26 Operating Supplies Engineering 26 Travel Expense Police 26 Deposits Escrow 25 Mileage&Parking Housing and Community Service 25 Repair&Maint. Supplies Water Treatment 24 Motor Fuels Fleet Operating 24 Operating Supplies Outdoor Center 24 Conference/Training Utility Operations-General 24 Merchandise for Resale Concessions 24 Operating Supplies Youth Programs Admin 23 Operating Supplies Outdoor Center 23 Operating Supplies Police 22 Operating Supplies Youth Programs Admin 22 Small Tools Street Maintenance 21 Deposits Escrow 21 Repair&Maint. Supplies Water Distribution 21 Clothing&Uniforms Theatre Initiative 20 Operating Supplies Community Center Admin 20 Repair&Maint. Supplies Fire 20 Merchandise for Resale Concessions 20 Operating Supplies Staring Lake Concert 20 Motor Fuels Fleet Operating 20 Operating Supplies Youth Programs Admin 20 Tuition Reimbursement/School Police 20 Deposits Escrow 20 Operating Supplies IT Operating 20 Operating Supplies Outdoor Center 20 Operating Supplies Outdoor Center 20 Deposits Escrow 20 Software/Hardware Maint. IT Operating 19 Repair&Maint. Supplies Water Treatment 19 Computers IT Operating 19 Operating Supplies Park Maintenance 19 Licenses,Taxes,Fees Park Maintenance 19 Licenses,Taxes,Fees Park Maintenance 19 Operating Supplies Emergency Preparedness 19 Operating Supplies Youth Programs Admin 19 Operating Supplies Pool Operations 19 Operating Supplies Housing and Community Service 19 Operating Supplies Youth Programs Admin 18 Other Contracted Services Prairie Village Liquor Store Amount Account Description Business Unit 18 Other Contracted Services Den Road Liquor Store 18 Other Contracted Services Prairie View Liquor Store 18 Merchandise for Resale Concessions 18 Operating Supplies Outdoor Center 18 Office Supplies Police 17 Licenses,Taxes,Fees Ice Lessons 17 Operating Supplies Arts Center 16 Operating Supplies Pool Operations 16 Deposits Escrow 16 Operating Supplies Youth Programs Admin 16 Advertising Tennis 15 Conference/Training Finance 15 Advertising Tennis 15 Operating Supplies Outdoor Center 15 Special Event Fees Senior Center Programs 14 Office Supplies Police 14 Computers IT Operating 14 Operating Supplies Outdoor Center 14 Operating Supplies Reserves 14 Office Supplies Police 14 Operating Supplies Senior Center Admin 14 Equipment Repair&Maint Public Safety Communications 13 Miscellaneous City Council 13 Operating Supplies Youth Programs Admin 13 Operating Supplies Outdoor Center 12 Computers Utility Operations-General 12 Operating Supplies Fleet Operating 12 Deposits Escrow 12 Operating Supplies Day Care 12 Office Supplies Police 11 Deposits Escrow 11 Deposits Escrow 11 Special Event Fees New Adaptive 10 Operating Supplies Tennis 10 Deposits Escrow 10 Operating Supplies Special Events Admin 10 Operating Supplies Day Care 10 Operating Supplies Softball 9 Operating Supplies Day Care 8 Equipment Repair&Maint Public Safety Communications 8 Clothing&Uniforms Theatre Initiative 8 Operating Supplies Park Maintenance 8 Equipment Repair&Maint Emergency Preparedness 7 Operating Supplies Senior Board 7 Video&Photo Supplies Communications 7 Deposits Escrow Amount Account Description Business Unit 7 Operating Supplies Youth Programs Admin 7 Repair&Maint. Supplies Stormwater Collection 6 Operating Supplies Arts 6 Operating Supplies Emergency Preparedness 6 Operating Supplies Fire 5 Operating Supplies Den Road Liquor Store 5 Operating Supplies Prairie View Liquor Store 5 Licenses,Taxes,Fees Fleet Operating 5 Licenses,Taxes,Fees Fleet Operating 4 Operating Supplies Arts 4 Equipment Repair&Maint Den Road Liquor Store 4 Equipment Repair&Maint Prairie View Liquor Store 4 Operating Supplies Arts Center 3 Equipment Repair&Maint Prairie Village Liquor Store 2 Operating Supplies Outdoor Center 1 Deposits Escrow -0.21 Operating Supplies Youth Programs Admin 0 Operating Supplies Park Maintenance -1 Deposits Escrow -1 Equipment Repair&Maint Prairie Village Liquor Store -7 Deposits Escrow -8 Video&Photo Supplies Communications -10 Deposits Escrow -19 Office Supplies Police -20 Deposits Escrow -20 Deposits Escrow -21 Deposits Escrow -23 Video&Photo Supplies Communications -32 Deposits Escrow -65 Deposits Escrow -86 Repair&Maint. Supplies Water Treatment -99 Tuition Reimbursement/School Police -160 Other Revenue General Fund 53,120 CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager September 4, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager/ Resolution certifying the proposed 2019 property tax XIV.B.1. Finance, Sue Kotchevar levy, accepting the proposed 2019 budget, setting the date for public hearing, and consenting and approving the HRA tax levy Requested Action Move to adopt the resolution that: • Certifies the proposed 2019 property tax levy to be $38,278,724; and • Sets December 4, 2018, as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2019 budget of$50,054,720; and • Consents and approves the HRA tax levy of$200,000. Synopsis Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before October 1, 2018. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Attachments Resolution 2019 Proposed Budget Report CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- _ A RESOLUTION ADOPTING THE CITY'S PROPOSED 2019 PROPERTY TAX LEVIES,ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2019,AND CONSENTING AND APPROVING THE 2019 HRA LEVY WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager's recommended 2019 budget and tax levies; and WHEREAS,the City Council has decided to accept these recommendations at this time. NOW, THEREFORE,BE IT RESOLVED,that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2019 budget. Levy on Tax Capacity $ 37,432,724 Levy on Market Value 846,000 Total LEVY $ 38,278,724 The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2019. 2. Accepts the 2019 proposed levy of$38,278,724 and proposed budget totaling$50,054,720 at this time. 3. Consents and approves the 2019 HRA tax levy of$200,000. ADOPTED by the City Council on September 4, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 9/4/2018 City of Eden Prairie 2019 Proposed Budget City Council Meeting Table of Contents Introduction 1 Budget Objectives 2 City Survey 4 Tax Base 5 Tax Levy and Budget 6 Debt Levy 6 Capital Levy 7 General Fund Revenue Budget 9 General Fund Expenditure Budget 10 Detailed Information 11 HRA 14 Conclusion 14 General Fund Statement 15 Introduction This document summarizes the City Manager's recommended 2019 operating budget as of 9/4/2018. The City Council will be asked to adopt a preliminary budget and tax levy on September 4 and a final budget and tax levy at the December 4 Council meeting. The City of Eden Prairie prepares a two-year budget and 2019 is the second year of the two- year budget. Preparing a two year budget provides for improved planning and reduced staff time. For the second year budget, the City must follow State guidelines and formally adopt the second year budget and tax levy in 2018 for 2019. In preparing the 2018/2019 budget during 2017, the budget process started in March of 2017 with the review of the Quality of Life Survey results and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: 2017 Internal Budget Process • 2016 - Complete City-Wide work plans • March/April - Internal service fund budgets prepared by managers • April 20 - Budget kick-off meeting • May 22 - Staff budget preparation work due • June - Departmental budget meetings held • City Manager, Directors, and Finance prepare for City Council Workshop Council Process • March 21 - City Council Workshop on the Community Survey • April 18 - City Council Planning Session • May 16 - City Council Workshop o Council accepts 2016 financial results, adopts financial policies • July 11 - City Council Workshop • September/October- Budget Engagement • September 5 - Council adopts a preliminary tax levy and budget • November 14 - City Council Workshop on Enterprise Funds • December 12 - Public Meeting and Council adopts final tax levy and budget 1 2018 • March 6 — City Council goal setting session • May 15 — City Council Workshop and Meeting o Auditor reviews 2017 financial results • July 17 — City Council Workshop o City Manager presents recommended General Fund budget • Sept. 4 — Council adopts a preliminary tax levy and budget • Dec. 4 — Public Meeting and Council adopts final tax levy and budget Budget Objectives The City Council 2018/2019 budget objectives include the following: Achieve City Goals • Community Well-being&Safety • High Quality Efficient Services • Preserved &Beautiful Environment • Sense of Community • Innovative &Sustainable Practices • Economic Vitality Provide Value to Citizens • Maintain High Quality City Services • Reasonable Tax Impacts Maintain Strong Financial Position • Maintain Bond Rating o Balanced Budget o Maintain Fund Balance Policies o Conservative Estimates of Revenues and Expenditures o Review fees and charges annually, at a minimum adjust for inflation o Capital Planning City staff has completed workplans by division that demonstrates the planned strategies to accomplish the City's objectives and goals. 2 In addition, the City strives to accomplish the following: • Sustain current levels of employee morale and engagement by implementing efficiencies and innovations that motivate employees to continually improve the organization and providing salary changes that are consistent with public and private sector trends. • Preserve Eden Prairie's exceptional image internally and externally • Enhance Sense of Community/Community identity o Involve citizens in decisions. Engagement opportunities will include Aspire Eden Prairie -the comprehensive plan update o Public Art Initiatives o Entry Monument signs o Redesign and enhance the website o Promote historic properties o As trends and data warrant, change/improve park and recreation programs • Continual review for service efficiencies and innovations, the budget includes the following efficiencies and innovations: o Implementation of Sustainable Eden Prairie o Replacement of our Document Management System o Implement Business Licensing application o Implement technology for plan review processes o Implement new intranet site 3 City Survey The City uses the biannual citizen survey as one input tool for the budget. Surveys were randomly mailed to 2,000 households with 491 of the surveys completed. In addition, 1,398 opt-in surveys were taken and the results were weighted to reflect the community. The survey results are used to monitor trends in resident opinion, measure government performance, inform budget, land use, strategic planning decisions, and benchmark service ratings. Overall, survey results were positive with the following results: • Eden Prairie residents continue to enjoy a high quality of life. • A strong economy is a feature that makes Eden Prairie a desirable community. • Residents identified traffic-related issues as a problem, but otherwise did not identify major issues within the community. • Survey respondents are engaging more on the City website and provided insight into how they receive information about Eden Prairie. • Safety remains a strong community feature of Eden Prairie. 95% of residents rated overall quality of life as good or excellent which is the same as the previous survey. In addition, 94% of residents rated the quality of City services as good or excellent, which compares to 87% in the previous survey. 69% of residents rated the value of services for taxes paid as good or excellent compared to 62% from the last survey. The City Council recognizes the importance of balancing the value of City services with the cost. The survey provided valuable input and the City Council budget goals include initiatives to increase the sense of community and to communicate the value of City services. 4 Tax Base The ability to levy and collect taxes is based on property market values, tax capacities, and the City tax rates. We currently have a good estimate for market value. The table below shows the history of these items since 2016. 2016 2017 2018 2019 Market Value $9.6 Billion $9.9 Billion $10.2 Billion $10.5 Billion Adjusted Net Tax Capacity $100,274,286 $102,110,421 $106,602,759 $111,881,597 City Tax Rate 32.14% 32.48% 32.34% 31.71% Below summarizes the City's tax impact for residential, apartment, and commercial properties based on current information from the County. Percent PropertyType 2017/2018 2018/2019 Difference Change Residential($396,200) $ 1,261 $ 1,284 $ 23 1.8% Apartment($5M) $ 19,406 $ 20,230 $ 824 4.2% Commerdal($2M) $ 7,979 $ 7,881 $ (98) (1.2%) Staff has calculated that a $360,000 change in the tax levy will impact the median value home by 1% or $13.00. 5 Tax Levy and Budget Below summarizes the proposed total tax levy and budget. Tax Levy 2018 2019 Percent Fund Adopted Proposed Difference Change General Fund $ 34,296,820 $ 35,325,724 $ 1,028,904 3.0% Capital Improvement Fund 300,000 400,000 100,000 33.3% Debt Levy 2,553,000 2,553,000 - 0.0% Slab-total 37,149,820 38,278,724 1,128,904 3.0% Less Fi scal Disparity Distri buti on (1,791,975) (1,954,297) (162,322) 9.1% Total Levy $ 35,357,845 $ 36,324,427 $ 966,582 2.7% As you can see, the levy is proposed to increase 2.7% in 2019. The five-year average is 2.9% and the ten-year average is 1.8%. Budget 2018 2019 Percent Fund Adopted Proposed Difference Change General Fund $ 45,795,652 $ 47,101,720 $ 1,306,068 2.9% Debt 2,553,000 2,553,000 - 0.0% Capital Levy 300,000 400,000 100,000 33.3% Total CityBudget $ 48,648,652 $ 50,054,720 $ 1,406,068 2.9% The budget is proposed to increase 2.9%in 2019. The five-year average is 2.9%and the ten- year average is 2.2%. Debt Levy For 2019, debt payments supported by the tax levy are projected to remain 5%of the general fund budget. The City has a policy of maintaining a percentage of 5% to 15% of the general fund budget as we consider this a moderate debt burden. Moody's Investors Service has assigned a rating of Aaa to the City of Eden Prairie's bond for every debt issue since 2003, the highest rating from Moody's. Standard & Poor's has also 6 assigned a rating of AAA to the City of Eden Prairie's bonds outstanding,their highest rating as well. This ensures the City receives the most competitive interest rates. The City's bond ratings reflect Eden Prairie's extensive and diversified tax base, low amount of rapidly amortized debt, and capably managed operations. Of the 854 cities in Minnesota, there are only 14 rated Aaa by Moody's Investors Service and 24 rated AAA by Standard &Poor's. For 2019, the total debt levy is $2,553,000, which is the same as the 2018 debt levy. For 2019, the 2008 and 2009 equipment certificates were paid off so those levies were eliminated and other debt levy payments increased. Below summarizes the detail of the 2019 debt levy. 2018 2019 Percent Adopted Proposed Difference Change Debt Levy on Tax Capacity 2008 Equipment Certificates $ 310,000 $ - $(310,000) (100.0%) 2009 Equipment Certificates 40,000 - (40,000) (100.0%) 2012B SouthWest Fire Station 310,000 310,000 - 0.0% 2014 Tax Abatement 1,018,000 1,397,000 379,000 37.2% alb-total 1,678,000 1,707,000 29,000 1.7% Debt Levy on Market Value 2011 C Parks Referendum 725,000 696,000 (29,000) (4.0%) 2012A Parks Referendum 150,000 150,000 - 0.0% Sub-total 875,000 846,000 (29,000) (3.3(Y0) Total $2,553,000 $2,553,000 $ - 0.0% Capital Levy The City prepares a ten-year Capital Improvement Plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks - parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, a tax levy, miscellaneous revenue, and one-time funds the City receives. For example, when the general fund has positive operating results, amounts not needed to meet the fund balance 7 policy have been transferred to the CIMF. The capital levy was increased from $300,000 for 2018 to $400,000 for 2019. The additional funds are needed to maintain the City's strong pay-as-you-go method to pay for capital projects. Some of the additional services provided or anticipated through the Capital Improvement Plan include: • Riley Lake Park Renovations (2017) • Round Lake Park- Phase II (2017) • Public Safety Radio Replacement (2016 to 2018) • Staring Lake Park Court Improvement Project (2018) • Light Rail Transit (2019 to 2022) • SCBA Equipment for Firefighters (2019) • Yard Waste Drop-Off Site (2019) 8 General Fund Revenue Budget Below summarizes the 2019 proposed General Fund Revenue Budget. 2018 2019 Percent Revenue Adopted Proposed Difference Change Taxes $ 33,635,883 $ 34,644,210 $ 1,008,327 3.0% Licenses and Permits 3,779,034 3,801,034 22,000 0.6% Intergovernmental Revenue 1,311,182 1,311,182 - 0.0% Charges for Services 6,000,330 6,238,695 238,365 4.0% Other Revenue 673,000 702,000 29,000 4.3% Transfers 396,223 404,599 8,376 2.1% Total $ 45,795,652 $ 47,101,720 $ 1,306,068 2.9% Tax revenue is proposed to increase 3.0% in 2019. Licenses and permits revenue is increasing $22,000 or .6% for 2019. Significant items to note include the following: • Building permit and fees revenue was budgeted to increase $127,200 or 6% in 2018. This budget was held flat for 2019 as we budget a higher increase every other year. • Cable TV is increasing $15,000 or 1.7% in 2019 which includes the addition of another cable provider in Eden Prairie. • Other permits are increasing $7,000 due to rental housing inspection fees. The budget was adjusted to be in line with previous year amounts received. Intergovermental revenue remains flat in 2019 and is stable. The largest sources of intergovernmental revenue includes police and fire pension aid from the State. For 2019, charges for services are increasing$238,365 or 4%. The largest increase is for the Community Center which is increasing$224,365 or 4.8%. Other revenue includes Fines and Penalties, Investment Income, Reimbursements, Contributions and Other Revenue. Fines and penalties is the largest sources of other revenue and has a budget of$417,000 which is a 6.9% increase over 2018. Transfers are from the utility funds for services provided to the utilities by Communications, Human Resources, Facilities, and Finance. 9 General Fund Expenditure Budget 2018 2019 Percent Expenditures Adopted Proposed Difference Change Administration $ 4,520,544 $ 4,455,369 $ (65,175) (1.4%) Community Development 2,413,762 2,498,945 85,183 3.5% Parks and Recreation 12,234,960 12,613,717 378,757 3.1% Police 14,566,339 15,053,457 487,118 3.3% Fire 6,139,144 6,407,744 268,600 4.4% Public Works 5,920,903 6,072,488 151,585 2.6% Total $ 45,795,652 $ 47,101,720 $ 1,306,068 2.9% As you can see, the budget is a balanced budget with revenues equaling expenditures. The budget is proposed to increase 2.9%. The following graph shows the budget changes by category: $98,765 2019 Budget Changes •Wages Benefits S45$30 $133,[F63 ■Other Contracted Services ■Eleatic ty S55,432 ■User Charge-Property Insurance $30,196 ti User Charge-Fleet ■User Charge-IT ti9?3?35 ■User Charge-Fatalities II Other Since the City provides significant services to the community, wages and benefits make up 62% of the general fund budget. The most significant categories include wages,pension and taxes, health insurance, part-time wages, and worker's compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information technology, electricity, and property insurance. These items make up another 24% of the budget. All other items make up 14% of the budget and consist of a variety of items on 84 different line items in each division's budget. i0 The chart below illustrates the make-up of the budget. 2019 Budget by Category S5,616,018 •W ages Benefits I& 1 Other Can traded Semites 55,175,3[9 ■Electricity •User Charge-Property in5uranoa 12,013,618 i Lf yrr Charge-Fleet ti29,lt16,4t14 •Uszr Charm:-IT S 2:1211_444 ■UaK Charee-Fau zties S5(I6,851I i Other 1 l.1177.917 Detailed Information Below provides information on the significant items in the budget. Wages/Benefits Wages Wages are proposed to increase 3.3% in 2019. This includes a 3% base increase each year, step increases, and performance pay. There are no new employees included in the budget for 2019. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on the compensation trends we are seeing, we are proposing a 3%wage increase in 2019. This proposal is in line with our peer cities and the private sector. For 2019, our local government peer group is forecasting the average increase will be 3%. Additionally, according to a study done by the Economic Research Institute (ERI),wages are showing an average increase of about 3% in 2019. This is after the Society for Human Resources Management (SHRM) reported the average increase of about 3% in 2017 and 2018. 11 Additionally,maintaining a competitive wage is important so that Eden Prairie maintains the lowest level unionization when compared to our benchmark communities. The results of a comprehensive 2012 wage study showed that the City was in line with the private and public sectors in the market. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive. Wages - Part time Wages part-time are decreasing$75,285 or 2.9% in 2019 primarily for elections. Volunteer Wages/Duty Crew Volunteer wages are increasing $56,000 or 6.4% in 2019. The duty crew model was implemented in July of 2012. Staff currently has five years of operating experience with duty crew. This increase will bring the budget in line with historical expenditures. Fire Relief Pension Plan Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association's by-laws. As of December 31, 2016, membership included 101 active participants, 98 retirees and beneficiaries currently receiving benefits, and 15 terminated employees entitled to benefit but not yet receiving them. Minnesota Statues specifies minimum support rates required on an annual basis by the City. The Association completes an actuarial study every two years that documents the required contribution from the City. For 2019,the required amount is $981,026,which is the same as 2018. The City receives Fire Relief Pension Aid from the State of approximately $450,000, which offsets the City's required contribution. PERA The City pays public employees retirement (PERA) benefits for all eligible employees. Generally, all full time employees and part-time employees, who earn more than $425 a month, are PERA eligible. The City currently contributes 7.50% of salary for the PERA general plan. For the police and fire plan,the rate increased from 16.2%in 2018 to $16.95% for 2019. This added an additional $54,745 to the 2019 budget. The City also pays 7.65% of salary for FICA except for police and fire where the percentage is 1.45%. The City has budgeted $3,440,837 for PERA/FICA in 2019. Health Insurance 12 The health insurance budget is increasing 5.8% in 2019. The City Council approved a five- year health insurance contract with HealthPartners. The rates for 2018, 2019, 2020, 2021, and 2022 are capped at 0%, 7%, 8%, 8%, and 9% respectively. Workers Compensation For 2019, $570,496 is budgeted for workers compensations which is a 10.1% increase. Workers compensation expenditure are variable as the number of claims and our experience modification changes each year. Facilities User Charges Facility user charges are increasing from $5,042,256 in 2018 to $5,175,319, in 2019, which is an increase of$133,063 or 2.6%. Facilities services have been maintained from 2018 to 2019. Information Technology User Charges IT user charges are increasing from $2,137,788 in 2018 to $2,183,618 in 2019, which is a 2.1% increase. IT services have been maintained. Fleet Services User Charges Fleet services user charges are increasing 2.3% in 2019. The Fleet Services budget is able to hold constant through this budget cycle primarily due to the anticipated stability of fuel prices and the City has continued efforts to conserve fuel and improve vehicle and equipment fuel economy. 13 HRA The HRA levies and pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, Economic Development, and Fire. Conclusion This document is intended to provide information on the proposed 2019 City of Eden Prairie budget. If you have questions about the budget contact a member of the finance team or the individual operating areas. 14 General Fund Statement 2018 2019 Incr/(Decr)from 2018 Budget Adopted Proposed Dollar Percent REVENUES Taxes $ 33,635,883 $ 34,644,210 $ 1,008,327 3.0% License and Permits Building Permits and Fees 2,247,200 2,247,200 - 0.0% Other 1,531,834 1,553,834 22,000 1.4% Total Licenses and Permits 3,779,034 3,801,034 22,000 0.6% Intergovernmental Revenue Police Pension Aid 540,000 540,000 - 0.0% Fire Relief Association Aid 450,000 450,000 - 0.0% School Liaison 115,798 115,798 - 0.0% Other 205,384 205,384 - 0.0% Total Intergovernmental Revenue 1,311,182 1,311,182 - 0.0% Charges for Services Public Safety 166,500 167,500 1,000 0.6% Recreation 5,833,830 6,071,195 237,365 4.1% Total Charges for Services 6,000,330 6,238,695 238,365 4.0% Other Revenue 673,000 702,000 29,000 4.3% Total Revenues 45,399,429 46,697,121 1,297,692 2.9% EXPENDITURES Administration 4,520,544 4,455,369 (65,175) (1.4%) Community Development 2,413,762 2,498,945 85,183 3.5% Police 14,566,339 15,053,457 487,118 3.3% Fire 6,078,378 6,346,978 268,600 4.4% Public Works 5,920,903 6,072,488 151,585 2.6% Parks and Recreation 12,084,960 12,463,717 378,757 3.1% Debt Service 60,766 60,766 - 0.0% Total Expenditures 45,645,652 46,951,720 1,306,068 2.9% Excess(Deficiency of Revenues over Expenditures) (246,223) (254,599) (8,376) 3.4% OTHER FINANCING SOURCES/(USES) Transfers in 396,223 404,599 8,376 2.1% Transfers out (150,000) (150,000) - 0.0% Total Other Financing Sources 246,223 254,599 8,376 3.4% Net Change in Fund Balance $ - $ - $ - 0.0% �5