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CR 07-003 Alternative Urban Areawide Review (AUAR)-Excelsior Crossings C\TY OF m December 27, 2006 NOPKINS Council Report 07-3 AL TERNA TIVE URBAN AREAWIDE REVIEW (AUAR) - EXCELSIOR CROSSINGS ProDosed Action. Staff recommends that the City Council approve the following motion: Move to approve Resolution 07-1. adopting the December 2006 Update to the May Updated Alterative Areawide Review and the Update Mitigation Plan for the Excelsior Crossings Office Development as the revised Environmental Analysis Document and Plan for Mitigation for the Excelsior crossings Area. Overview. In 2001 an Alternative Urban Areawide Review (AUAR) was completed for the Medica development proposed on the former SUPERV ALU North Annex site. This environmental review was required because of the size of development. The Excelsior Crossings office development on this site will require that the AUAR that was prepared for Medica be updated. The AUAR for the Excelsior Crossings was approved on May 16, 2006. Now because the proposed development is 55,000 square feet in additional office development, the AUAR that was approved on May 16,2006, needs to be updated. The City of Hopkins is the Responsible Governmental Unit for the AUAR On December 5, 2006, the updated AUAR was distributed for the 10-working-day comment period. Comments were received on the updated AUAR until December 18,2006. Attached are the Responses to Comments. On pages 2-4 are the comments from the agencies and the responses. Only comments from agencies were received. Primarv Issues to Consider. . What is an AUAR? . Why is the applicant doing an AUAR? . Who submitted comments to the AUAR? SUDDortin!! Documents. . Analysis of Issues . Responses To Comments . AUAR . Resolution 07-1 Nancy S Planner Financial Impact: $_ N/ A Budgeted: Related Documents (CIP, ERP, etc.): Notes: Y/N Source: CR07 -3 Page 2 Primarv Issues to Consider. What is an AUAR? The Alternative Urban Areawide Review process substitutes for any Environmental Assessment Worksheet (EA W) or Environmental Impact Statement (EIS) required for specific qualifying proj ects, provided they comply with the review assumptions and mitigation measures. The Environmental Quality Board states the following: A hybrid of the EA Wand EIS review processes, the AUAR uses a standard list of questions adapted from the EA W, providing a level of analysis for typical urban area impacts comparable to an EIS. Since its content is uniform, scoping is not necessary; however, it has been voluntarily added to several reviews. A draft and final document are prepared and distributed in a manner similar to an EIS to ensure adequate review. A process for appeal to the Environmental Quality Board can be invoked by state agencies and the Metropolitan Council. Why is the applicant doing an AUAR? The development is required to have an environmental review. The applicant chooses the AUAR process because an AUAR reviews a development scenario or several scenarios for an entire geographical area rather than a specific project. . Who submitted comments to AUAR? Overall, the comments from the AUAR were positive. A mitigation plan and responses to the comments will be completed. The following are the agencies that submitted comments: . Metropolitan Council . Hennepin County Transportation Department . Minnesota Department of Transportation . City of Minnetonka See the attached Responses to Comments regarding the specific cqmments and responses. ~ CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 07-01 A RESOLUTION OF THE CITY OF HOPKINS ADOPTING THE DECEMBER 2006 UPDATE TO THE MA Y UPDATED ALTERNATIVE AREA WIDE REVIEW AND UPDATED MITIGATION PLAN FOR THE EXCELSIOR CROSSINGS OFFICE DEVELOPMENT AS THE REVISED ENVIRONMENTAL ANAL YSIS DOCUMENT AND PLAN FOR MITIGATION FOR THE EXCELSIOR CROSSINGS AREA WHEREAS, on May 16, 2006, the City Council of the City of Hopkins adopted the Updated Alternative Urban Areawide Review And Updated Mitigation Plan for the Excelsior Crossings Office Development (May Updated AUAR) for the area designated as the SuperValu North Annex parcel and the Chimney parcel that were proposed for redevelopment as a primarily office project known as the Excelsior Crossings Office Development (Project); and WHEREAS, the Project developer, Opus Northwest, L.L.C. (Opus) , informed the City Council that, due to strong market demand, Opus intended to add 55,000 square feet of office space to the Project, and the City determined therefore that preparation of an update to the May Updated AUAR was required; and WHEREAS on November 21, 2006, the City Council adopted Resolution 06-76 that (a) directed preparation of an update to the May Updated AUAR, (b) retained RLK Incorporated to assist City staff in preparing the update; and WHEREAS, City staff and consultants prepared the December 2006 Update to the May Updated Alternative Urban Areawide Review for the Excelsior Crossings Office Development, Hopkins, Minnesota dated Deceplber 1, 2006 (December 2006 Update); and WHEREAS, notice of availability of the December 2006 Update was published in the EQB Monitor on December 4, 2006; the December 2006 Update was distributed in accordance with the Minnesota Environmental Quality Board Environmental Review Program Rules; notice was also published in the local newspaper; and copies of the December 2006 Update were made available to the public on the City's web site, at City Hall, and in the public library; and WHEREAS, the review and comment phase of the December 2006 Update was completed ten working days after receipt by State agencies of the December 2006 Update, and ; WHEREAS, responses to the December 2006 Update were received from the City of Minnetonka, Hennepin County Transportation Department, the Metropolitan Council, and the Minnesota Department of Transportation; and WHEREAS, the City Council has determined that the Responses To Comments On And Amendments To The Updated Alternative Areawide Review And Updated Mitigation Plan For The Excelsior Crossings Office Development, Hopkins, Minnesota dated January 2, 2007 (Responses And Amendments), adequately addresses the comments received and makes necessary changes in the December 2006 Update; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins that the City Council hereby designates the December 2006 Update and the Responses And Amendments as the revised environmental analysis and plan for mitigation for t~e SuperValu Annex and Chimney parcels area and adopts them in accordance with Environmental Review Program Rule 4410:3610, Subp. 5E. Adopted by the Hopkins City Council this _ day of January 2007. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk fb.us.l 72657 1.04 2 Responses To Comments On And Amendments To The December 2006 Update To The Ma'L.YPdated Alternative Urban Areawide Review For The Excelsior Crossings Office Development J::Igpkins, Minnesota City of lIopkins January 2, 2007 Prepared By RLK Incorporated 6110 Blue Circle Drive, Suite 100 Minnetonka, MN 55343 Tel 952-933-0972 Fax 952-933-1153 www.rlkinc.com City of Hopkins 1010 First Street South Hopkins, MN 55343-9475 Tel 952-935-8474 Fax 952-935-1834 www.hopkinsmn.com Table Of Contents INTRODUCTION............................................... ............................................................................................... 1 COMMENTS AND RESPONSES.............................. ....... ................................................................................... 2 A. Metropolitan CounciL........ ..... ............................................................................................. 2 B. Minnesota Department of Transportation............................................................................ 2 C. Hennepin County Transportation Dep~ent .................................................................... 5 D. City of Minnetonka.............................................................................................................. 5 AMENDMENTS To THE DECEMBER 2006 UPDATE 22. b. Traffic, Mitigation Measures...................................................................... .........................6 Attachment A, Introduction, Project Site .........................................................................................6 Attachment A, Operational Analysis Results, Jackson A venue/St. Louis StreetJPrimary Site Access Intersection, PM Peak .......................................................................... 7 THE APPENDIX Copies of Comment Letters........................................................................................ Attachment A Responses To Comments On December 2006 Update To May Updated AUAR For The Excelsior Crossings Office Development January 2,2007 Page i Introduction The December 2006 Update To The May Updated Alternative Urban Areawide Review For The Excelsior Crossings Office Development dated December 1, 2006 (December 2006 Update), was prepared by the City of Hopkins (City) and published for objection and comment in the EQB Monitor on December, 2006. The December 2006 Update is an update to the Updated Alternative Urban Areawide Review And Updated Mitigation Plan For The Excelsior Crossings Office Development adopted by the City on May 16, 2006 (May Updated AUAR). The required 10-working day comment period ended on December 18, 2006. The ten-working days period after receipt for State agencies to comment and object has also expired. Comments were received from the Metropolitan Council, the Minnesota Department of Transportation, the Hennepin County Transportation Department, and the City ofMinnetonka. No objections were received. The City has reviewed and considered the comments and the internal suggestions of its staff and traffic consultant. To respond, the City has prepared this Responses To Comments On And Amendments To The December 2006 Update To The May Updated Alternative Urban Areawide Review For The Excelsior Crossings Office Development (Responses And Amendments). The fIrst section of this Reponses And Amendments reproduces the full text of each comment letter with responses inserted following the comments. The second section contains three amendments to the December 2006 Update. Appendix A contains copies of the comment letters. The Hopkins City Council has adopted the December 2006 Update and this Responses And Amendments. The December 2006 Update required no change to the May 2006 Updated AUAR Mitigation Plan. Responses To Comments On December 2006 Update To May Updated AUAR For The Excelsior Crossings Office Development January 2,2007 Page 1 Com'ments and Responses In this section, the City reproduces the full text of each comment in italics and presents the City's responses. (Copies of the actual comments are included in this Responses And Amendments' as Attachment A.) Sometimes the response comes at the end of the letter; in other cases, the response follows a comment paragraph. A. Metropolitan Council Letter from Phyllis Hanson, Manager, Local Planning Assistance, dated December 18, 2006 Comment: Metropolitan Council staff completed its review of the December 2006 Update to the May Updated Alternative Urban Areawide Review (A UAR) for the Excelsior Crossings Office Development to determine its accuracy and completeness in addressing regional concerns. Staff concludes that the December 2006 Update of the A UAR is complete and accurate and raises no major issues of consistency with Council policies. However, staff offers the following comments: Item 25 - Nearby Resources, and Attachment A - December 2006 Update to the May 2006 Updated AUAR Traffic Impact Study (Jan Youngquist, 651-602-1029) The Cedar Lake LRT Trail and the North Cedar Lake LRT Trail are regional trails adjacent to the development area. Both cross Excelsior Boulevard just south of the site. The developer and the City should continue to work with Three Rivers Park District to ensure that trail approaches and road crossings in this -location are as safe as possible. Jonathan Vlaming is the contact person for Three Rivers Park District; he can be reached at (763-694-7632). The Council will take no formal action on the December 2006 Update to the A UAR. If you have any questions or needfurther information, please contact Gret Pates, Principal Reviewer, at 651-602-1410. Response: Comment noted. B. Minnesota Department of Transportation Letter from Juanita Voigt, Transportation Planner, dated December 18, 2006 Comment: Thank you for the opportunity to review the Excelsior Crossings Office Development updated AUAR. Please note that Mn/DOT's review of this AUAR does not constitute approval of a regional traffic analysis and is not a specific approval for access or new roadway improvements. As plans are refined, we would like the opportunity to meet with our partners and to review the updated information. Mn/DOT's staff has reviewed the document and has the following comments: Traffic: · The current traffic volumes for the ramp to northbound TH 169 are equal to the 2020 volumes projected in the traffic study. Increased ramp volumes combined with the high density on the mainline may cause the ramp operations to break down. However, as explained below, there are no plans to improve the ramp situation. Responses To Comments On December 2006 Update To May Updated AUAR For The Excelsior Crossings Office Development January 2,2007 Page 2 Response: First the City has contacted MnIDOT and finds the factual assertion that "current traffic volumes for the ramp to northbound TH169 are equal to the 2020 volumes projected in the traffic study" is incorrect. According to a Mn/DOT staff person who regularly monitors this ramp, the current PM peak hour volume during typical weekdays in October is close to 700 vehicles. This 700 vehicle per hour volume is considerably below the projected 2020 PM peak hour volume of 840 vehicles as presented in the December 2006 AUAR. Second and more importantly, Mn/DOT's policies for operating the ramp meter on this entrance will prevent the breakdown of ramp operations. As noted in the December 2006 AUAR, Attachment A, December 2006 Update To The May 2006 Updated AUAR Traffic Impact Study, Ramp Metering Practices on page 8 and 9: "Concerns have risen over the potential for excessive queues from the [TH169] ramp meters building sufficiently to back up onto Excelsior Boulevard. Through conversations with Mn/DOT and review of ramp metering studies performed in various ramp metering locations throughout the metro area, it was determined that this possibility has been accounted for in the timing algorithm for releasing cars onto the freeway. According to Mn/DOT, queuing extending to the adjacent arterial (Excelsior Boulevard in this case) is one of the major factors considered in determining the length of time each vehicle must wait at the ramp meter, a calculation called ''timing algorithm." To accurately diagnose the length of the queue waiting to enter the freeway, each on-ramp is monitored by loop detectors installed into the pavement that detect the passage or presence of vehiCles. Two loop detectors are installed on each entrance ramp, one near Excelsior Boulevard at the beginning of the ramp and one at the end of the ramp immediately prior to where vehicles enter the freeway. These two detectors work together to determine the queue length present on the ramp by calculating the number of entering and exiting cars. In turn, the ramp meter signal timing is adjusted as part of the complex timing algorithm. The initial ramp detector near Excelsior Boulevard includes a "presence" function that allows it to determine if a stopped vehicle is present at the end of the ramp. If it senses the presence of a stopped vehicle, the metering rate within the timing algorithm is adjusted (or eliminated if necessary) to shorten the queue and eliminate potential backup onto Excelsior Boulevard." In further communications with Mn/DOT about this comment, Mn/DOT noted that, "the ramp queue detectors take approximately 30 seconds before activating a change in the ramp metering rates," and goes on to say, "Several locations in the Metro area experience those types of delays when demand exceeds the ramp metering [capacity within that 30-second timeframe]. It is not uncommon to see backups occurring up to and through the ramp terminals." Due to the roadway configuration leading from the Excelsior Crossings site to the northbound TH169 on- ramp (three successive right turns), excessive platooning of vehicles that could overburden the on-ramp within the 30-second timeframe is not forecast. Rather, vehicle arrivals will be more random due to the availability of right-turn-on-red exiting the Project Site, a free right turn onto Excelsior Boulevard, and a yield-controlled right turn onto the on-ramp. Observation of the SimTraffic model confirms this anticipated result. Although not predicted in the SimTraffic model, should a vehicular queuing issue develop within the 30-second timeframe before the ramp meter timing algorithm is able to automatically Responses To Comments On December 2006 Update To May Updated AUAR For The Excelsior Crossings Office Development January 2, 2007 Page 3 adjust, it will not be of a magnitude or duration to cause a breakdown to Excelsior Boulevard operations and does not pose a major concern. Comment: Highway System Improvements: · In the' MnDOT Metro District 2008 - 2030 Transportation System Plan (TSP), TH 169 is designated as a management corridor. The performance based analysis conducted for the TSP indicates that additional lanes are needed Since the TSP is a fiscally constrained plan, fundingfor the widening of TH 169 has not been identified within the TSP time frame. Bridge replacement projects may be completed during the 2008 - 2030 time period. Also, the TH 7 / Blake Road North / Aquila Avenue South signalized intersection is programmed for a signal modification and access closure project with an estimated letting date of May 15, 2009. For questions on these points, call Wayne Norris, Mn/DOT Metro District West Area Engineer, at (651) 582-1295. Response: Comment noted. Comment: Drainage: ,. A drainage permit may be required The proposed development will need to maintain existing drainage rates (i.e. the rate at which storm water is dischargedfrom the site must not increase). If runoff will increase, a Mn/DOT drainage permit will be required In the event that a drainage permit is required, the City or project developer will need to submit before/after hydraulic computations for both 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting Mn/DOT right of way will be perpetuated Also, it is assumed by the project description that the proposed regional pond will be maintained by the applicant and city. Judgingfrom the maps, the regional pond does not appear to drain onto Mn/DOT's right of way. If this is not the case, as drainage permit will be required. Please direct questions concerning these issues to Molly Chermak (651-634-2356) of Mn/DOT's Water Resources Engineering section. Response: No change in stormwater runoff to MnDOT right of way is anticipated with this project. Comment: Permits: · Any work impacting Mn/DOT right of way will require a permit. Permit forms are available from MnDOT's utility website at www.dot.state.mn.us/tecsup/utility. Please direct any questions regarding permit requirements to Buck Craig (651-582-1447) of MnDOT's Metro Permits Section. Response: Comment noted. Comment: As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Review Coordinator Mn/DOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Responses To Comments On December 2006 Update To May Updated AUAR For The Excelsior Crossings Office Development January 2,2007 Page 4 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's 30-day review and response process to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. Jfyou have any questions, pleasefeelfree to contact me at 651-634-2083. Response: Comment noted. C. Hennepin County Transportation Department Email from Robert H. Byers, Senior Transportation Engineer, dated December 5, 2006 Comment: Hennepin County's only comments on the December 2006 update to the Excelsior Crossings Office Development A UAR is the same as the one we made earlier in April 2006 - we believe that the traffic analysis should be for a 20-year design periodfrom the date of the 2027 or 2030, not 2020. Again, the reasons for this comment are: - This is consistent with regional transportation analysis procedures of the Metropolitan Council. - This consistent with the long range Comprehensive Planning procedures of the cities and counties. -A 20-year timeframe is generally the assumed lifespan of a roadway. Response: The December 2006 Updated AUAR was prepared to compare development proposed in the May 2006 Updated AUAR to the Excelsior Crossings Office Development. A new traffic study and count of 2006 background traffic was provided for the May 2006 update to the AUAR. The year 2020 was retained as the forecast year for the updated traffic analysis, so changes to the Original AUAR approved in 2001 could be determined. In subsequent updates, a 20-year forecast horizon will be used. D. City of Minnetonka Letter from Susan M. Thomas, Principal Planner, dated December 13, 2006 Comment: Staff has reviewed the December 2006 Update to AUARfor the Excelsior Crossing Office Development. Given that the overall LOS on area roadways would remain essentially the same when compared to the May 2006 A UAR, the City of Minnetonka has no comments at this time. Response: Comment noted. Responses To Comments On December 2006 Update To May Updated AUAR For The Excelsior Crossings Office Development January 2,2007 Page 5 Amendments to December 2006 Update In this section, the City amends one Item and Attachment A in the December 2006 Update. For clarity, the Item or Attachment subsection is reproduced, with additions show in double underlining, and with deletions show in strike-through. The Item number is the same as in the December 2006 Update. 21. Traffic b. Mitigation Measures The following mitigation measures, as suggested in the previous May Updated AUAR are proposed for the current December 2006 Update at the St. Louis Street/Site Access and Jackson Avenue intersection: . Restriping of the southbound approach to extend the left turn storage bay length from 75 feet to 120 feet. . Design of the onsite eastbound approach to include a ~215-foot right turn storage bay. Based on Figure 11, this suggestion is already part of the Project design. . Installation of a traffic signal when warranted. Careful consideration must be !liven to the desilm of this traffic sil!I1al and its coordination with the existin!l sil!I1al at the Excelsior Boulevard/Jackson Avenue intersection to avoid the Dossibilitv that northbound Queues on Jackson Avenue would back from the main Project Site access to Excelsior Boulevard. . Adjustment of signage and striping on the northbound approach to create dual left turn lanes and shared through/right lane. This measure should be completed concurrently with installation of the traffic signal. . Hennepin County should modify signal system timing to ensure safe operations throughout the study area network. Attachment A, Introduction, Proiect Site, second paragraph: Access to the site is proposed at three locations. The primary access is proposed to be the currently unused leg of the existing St. Louis Street/Jackson Avenue intersection. Based on the results of this traffic study, a traffic signal is forecast to be warranted at this entrance. The second access (not forecast to warrant a traffic signal) is a proposed driveway onto 2nd Street NE, approximately 620 feet west of Jackson Avenue. Lastly, an entrance approximately +W-250 feet north of the primary entrance will serve primarily the onsite retail land use. Internal site roadways would connect the accesses to on-site surface and structured parking facilities. Figure 3, "Concept Site Plan," details the layout of the site and access locations. Responses To Comments On December 2006 Update To May Updated AUAR For The Excelsior Crossings Office Development January 2, 2007 Page 6 Attachment A, ODerational Analvsis Results, Jackson Avenue/St. Louis Street/Primary Site Access Intersection, PM peak, second set of bullets: Based on these results, the following measures are suggested for the design of the primary site access intersection as detailed on Figure 9: ~ Restriping of the southbound approach to extend the left turn storage bay length from 75 feet to 120 feet. ~ Design of the onsite eastbound approach to include a 215-foot right turn storage bay. Based on Figure 11, the Concept Site Plan, this suggestion is already accounted for. ~ Installation of a traffic signal when warranted. Careful consideration must be l!iven to the desiQ:11 of this traffic siQ:11al and its coordination with the existinl! siQ:11al at the Excelsior Boulevard! Jackson Avenue intersection to avoid the Dossibilitv that northbound Queues on Jackson Avenue would back from the main Proiect Site access to Excelsior Boulevard. ~ Adjustment of signage and striping on the northbound approach to create dual left turn lanes and shared through/right turn lane. This measure should be completed concurrently with installation of the traffic signal. ~ Although beyond the 95th percentile and therefore unlikely, the potential for queues to extend back to Excelsior Boulevard does exist. Signal timing for the intersection should be monitored regularly to ensure safe operation. Responses To Comments On December 2006 Update To May Updated AUAR For The Excelsior Crossings Office Development January 2,2007 Page 7 ATTACHMENT A COPIES OF COMMENT LETTERS fb.us.1733333.03 DEC. 1 9. 2 0 0 6 1 0 : 1 3 AM C:TY_OF_HOPKINS NO. 043 p, 1/4 ~ Metropolitan Council December 18~ 2006 Nancy Ander&o~ City Planner City of Hopkins 1010 First Street South Hopkins~ MN 55343-9475 RE~ City of Hopkins De~embe:r 2006 Update for Excelsior Crossings Office De'Velopment Alterna1i:fe Urban Areawide Re'rlew Metropolitan Council Dis1riot 3 (Mazy Hill Smi~ 952-475..1388) Metropolitan Council Review File No.. 18555-4 Dear Ms. Anderson: Metropolitan CQuncil staff completed its review oftbe December 2006 Update to the: May Updated Alternative Urban Areawide Review (AUAR) for the Excelsior Crossings Office Development to determine its acouracy and completeness in addressing regional ooncerns. Staff concludes that the December 2006 Update of the AUAR is complete and aoct.I(ate and raises nO major issues of consistency with Council policies. However, staff offers the following comments: ItBm 25 - Neatby Resources, and Attachment A .. December 2006 Update to the May Z006 Updated AUAR Traffic JmpactSmdy (Jan YoungquistJ 651-602-1029) The Cedar Lake LRT. Tr~~ ~d the North 9.edar Lake LRT Tt~l areregio~aJ trails adjacent. tP',th~. development area.. Both cross Excelsior Boulevard just south of the site. The developer and the City should oontinue to work with 'Fbree Ri'lerS Park District to ensure that trail approaches and road crossings in this location are as safe f1S pos$ible. Jonathan Vlamlng is the contact person for Three River5 P~rk District; he can-be reached at (763-694..7(32). The Council will take no formal action on ihe December 2006 Update of the AUAR. If you have any questions or need 'further information, please contact Greg Patest Principal Reviewer, at 651-602-1410. ce: Jack jackson~ MultiFamily Market Analyst Tod Shennan, Development Revie-ws Cootdinator, MnDOT ~ Metro Division Mary Hill Smith, Me1ropolitan Council District 3 Keith Buttleman., Environmental Services I r. Jim Vttl~, 8ttctor Representative. r. t . I -;' ,: . . . h. ~" ~ .4 ". l~. ."1 . :'" " Cheryl.Olsen, Rev1t'fw~.:Coot:dinatot' '. :'" ..~,. .. , .. I' . "'. .. I . .. '.... , . . ' v ;~~vm~~\~o~uni\ic:ls\l.JdI'Nn~\L 7611 D~te ~ From fun Co. W\KI'W .m.f PI'ICoa # PhOne #- , Fax II . Fax# 390 Robert Street North eSt. Pa.ul, MN.65101-1805 II- All ~ Or'9\If~'Ia'!l"""_II"" ..'~- DEC. 19.2006 10: 18AM C:TY_OF_HOPKINS NO. 044 P. 1 ~Es~~ Minnesota Department of Trnnsportaticm !jD~ ;, B Metropolitan District _._ __. __"'___~ _. _"_ " ~lf Waters Edge Ontlll 1500 West County Road 6m2 RoseviIle, MN 55113..3174 To December 1 B, 2006 Nancy Anderson City Planner 1010 First Street South Hopkinsp 1vIN 55343 Subject: E:gcelsioI' Crossings Office Developna.ent updated AUAR & Mitigation Plan Minnesota DeJ?artme:nt of Transportation (MnJDOT) Review # AUAR. 06-001A Northeast quadrant of Tnmk Highway (TR) 169 and CSAB: 3 (Excelsior BouleVEird) City of HopkinslHennepin County MnlDOT Control Section # 2772 Dear Ms. Andersol1: Thank you for the opportunity to review the Excelsior Crossings Office Development updated AUAR. Please note fhatMn/DOT's re'View of this AUAR does not oonstitute approval ofa regional tnlffic a:D:a1ysis and is not a specific approval for access or new"roadwa.y improvements. As plans are renned, we would like the opportunity to meet with out pa.rtJiex's and to review the p.pdated inf'oimati~m:. MWDOT~ s sta:tI: h3!J r~viewed the document and has the 'folloWing GQln:m~ts.: Trolfic: ... I ill The current traffic volumes for the ramp to northbound TH 169 are ~qua.1 to the 2020 volumes projected in the traffic study. Increased ramp volumes combined with the high density on the mainline may cause the ramp operations to break down. However, as explained belowt there are no plans to improve the ramp situation. Highway System Impro1J6ment8: 14 In the MnlDOT Metro District 2008... 2030 Transportation System Plan (TSP) ,..JJi MSJ. ~s designated as a management corridor. The perfonnance based analysis conducted for the TSP indicates that additional lanes are needed. Since the TSP is a fiscally constrained plan, funding for the widening ofTH 169 has not been identified within the TSP time frame. Bridge replaoemen.t projeclS may be completed during tbe 2008 - 2030 time period. Also, the TH 7 / Blake Road North r Aquilla Avenue South Signalized intersootion is programmed for a signal modification and access closure project with an estimated letting date of May 15,2009. FOJ: questions on thes~ points, please call Wayne Norr~, MnlDOT Metro District West Area Engineer, at (651) 582-1295. l!.ra;inpgtt; : ~;. · A drainage.p~t.7.t\a.y' be r,equited. The proposed development will\tu~ed to I11aintain existing dm~a.ge rates (i.e., the rate at which stonn. water is dis~hargcd from the site must not . incl"ease). Ifronoftwill increase, a :M.uJDOT drainage permit will be required. In the event tha.t a dra.inage permit is required, the City Or project developer will need to submit An equal opportunity employer . \. ~ ""- DEC. 19. 200 6 1 0 : 1 8 AM ClTY_OF_~OPKINS NO. 044 P. 2 before/after hydraulio computations for both 10 and 100 year rainfall events verifying that aU existing drainage patterns and systems aff~ting I\I1oIDOT right of way will be perpetuated. Also. it is assumed by the project description that the proposed regional pond will be maintained by thee applicant and city. Judging from the mapsJ ~e regional pond does not appear to drain onto MnlDOT1s right of way. If this is not the case, as drainage permit will be required- Please direct questions concerning these issues to Molly Chermak (651..634-2356) of M:n!.DOT's Water Resources Engineering section. Permits: III Any work impacting Mn/DOT right of way will requite a permit. Permit forms are available from MnDOT's utility website at www.dot.state.mn.usItecs\tp/utilitv . Please direct any que$iions regarding permit requirements to Buck Craig (651-582-1447) ofMnDOT's Metro Permits SeotiQn. As a reminder, please address aU initial future correspondence for development activity such as plats and site plans to: Development Review Coordinator MnlDOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) oopies of othe~ review documents including site plans. Faill.l.1'e to provide three (3) copies of a plat and/or two (2) copies of other review docmnents wlll make a submittal inoomplete and delay MnlDOT's 30-day review and response process to develop1llent prQPosaIs. We appreciate your anticipated cooperation in providing the ne:oessa:ry number of copies, as this will prevent us from having to delay and/or return incomplete submitta1s. If you have any questions, please feel free to contact me at 651-634-2083. Juanita Voigt Transportation Planner ~F co: Rob Wied, Hennepin County Survey Section, Minneapolis;, MN Bob Byers, Hennepin County Transportation Planning Section , Medin~ :MN John DietriehJ ASLA, Prlo.cipal Landscape Archite~ RLK. lrJ.Q~J Minnetonka, MN DEC. 19.2006 10:14AM CITY_OF _HOPKINS NO. 043 P. 2/4 Nancy Anderson From: Senti To~ CC~ Subject: ~ - U WI Robert. syers@oo.hennepin.mn.us Tuesday, December 05, 2006 10:08 AM Nancy Anderson Tom.Johnson@co.hennepin.mn.us: James.Grube@co.hennepin.rnn.us Excelsior Crossings AUAR Na.ncy An<;l.erson~ Hennepin Countyts only comments on the December 2006 update to the Egcel~ior Crossings Offiee Development AUAR is the same as the one we made earlier in April 2006 - we believe that the traffic analysis should Qe for a 20-year design pe~iod from tAe date of the anticipated development open~ng (i.e. 2027 or 2030 not 2020). Againl the reasons for this comment are: This i9 consistent with regional transportation analysis procedures of the Metropolitan Council ~bis is consistsnt with the lcn~ range Comprehensive planning procedures of tn~ cities and counties ~ 20-year timeframe is generally the assumed lifespan of a roadway - Bob Byers Bob ayers, P.E. Senior Transportation Eng~neer Hennepin County ~ransportation Department Transportation Planning Oivision 1600 ~rai~ie 'Drive Medina, MN 55340-5421 o12~596-03S4 (Direct dial) 763~478-4000 (FAX) . ;J. December 21, 2006 JSH 1/2/07 FIRST AMENDED AND RESTATED REDEVELOPMENT AGREEMENT By and Between HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF HOPKINS and OPUS NORTHWEST, L.L.C. Dated: , 2007 This document was drafted by: BRADLEY & DEIKE, P. A. 4018 West 65th Street, Suite 100 Edina, MN 55435 Telephone: (952) 926-5337 ~ TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 3 ARTICLE II ReDresentations Section 2.1. Representations by the Authority Section 2.2. Representations by the Redeveloper 7 7 ARTICLE III RedeveloDment ProDosal: Public Assistance Section 3.1. Redevelopment Proposal Section 3.2. Demolition and Remediation Section 3.3. Issuance of Phase Notes and/or Phase Bonds Section 3.4. Authority and City Costs Section 3.5. Intentionally Omitted Section 3.6. Environmental and Soil Conditions Section 3.7. Joint Use Property Section 3.8. SUPERV ALU Agreement and Option 9 9 10 15 16 16 16 16 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements Section 4.2. Master Development Plan Section 4.3. Construction of Phases Section 4.4. Certificate of Completion 17 17 18 19 (i) ARTICLE V Insurance Section 5.1. Insurance ARTICLE VI Taxes: Tax Increment Section 6.1. Use of Tax Increment Section 6.2. Redeveloper's Representations Concerning Notes Section 6.3. Authority Allocations ARTICLE VII FinaDcin!! Section 7.1. Limitation on Encumbrance of Property ARTICLE VIII Prohibitions A!!ainst Assi!!nment and Transfer: Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement Section 8.2. Release and Indemnification Covenants ARTICLE IX Events of Default Section 9.1. Events of Default Defined Section 9.2. Remedies on Default Section 9.3. No Remedy Exclusive Section 9.4. No Additional Waiver Implied by One Waiver (ii) '> - ; 20 22 22 22 24 25 25 26 26 26 26 ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable Section 10.2. Titles of Articles and Sections Section 10.3. Notices and Demands Section 10.4. Disclaimer of Relationships Section 10.5. Modifications Section 10.6. Counterparts Section 10.7. Judicial Interpretation Section 10.8. Business Subsidy Agreements Section 10.9. Effect of Termination of Agreement Section 10.10. Cooperation and Good Faith Section 10.II.Estoppel Section 1 0.12.Unavoidable Delay 28 28 28 28 28 28 28 29 29 29 29 29 SCHEDULE A SCHEDULE B SCHEDULE C Description of Redevelopment Property Description of Joint Use Property Form of Phase Notes (iii) REDEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the _ day of ,2007, by and among the Housing and Redevelopment Authority In and For the City of Hopkins, a public body corporate and politic (hereinafter referred to as the "Authority") which was created pursuant to Minnesota Statutes, section 469.001-469.047 (the "Act"), having its principal office at 1010 First Street South, Hopkins, Minnesota 55343, and Opus Northwest, L.L.C., a Delaware limited liability company (hereinafter referred to as the "Redeveloper"), having its principal office at 10350 Bren Road West, Minnetonka, Minnesota 55343. WITNESSETH: WHEREAS, the Authority was created and authorized to transact business and exercise its powers by a resolution of the City Council of the City of Hopkins (the City of Hopkins is hereinafter referred to as the "City") adopted pursuant to Minnesota Statutes~ Section 469.003; and WHEREAS, pursuant to the Act the Authority has the legal authority to undertake redevelopment projects for the purpose of eliminating blighted and substandard buildings and properties within areas designated as redevelopment projects within the City; and WHEREAS, the Authority has established its Redevelopment Project No.2 (hereinafter referred to as the "Project") in an area of the City (hereinafter referred to as the "Project Area") pursuant to Minnesota Statutes, Sections 469.001 through 469.047; and WHEREAS, the Redeveloper has presented to the Authority a proposal pursuant to which the Redeveloper would acquire certain real property located in the City (which property is referred to 'herein as the "Redevelopmen~ Property"), demolish the structures currently located on the Redevelopment Property and develop a multi-phased office development thereon (the "Minimum Improvements"); and WHEREAS, in connection with the Project, there has been created Tax Increment Financing District No.2-II (hereinafter referred to as the "Tax Increment District") pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes, sections 469.174-469.178; and WHEREAS, the Authority believes that the redevelopment of the Redevelopment Property is in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and, therefore, the Authority is prepared to enter into this Agreement and to perform its obligations contained herein. WHEREAS, the Authority and Redeveloper entered into that certain "Redevelopment Agreement" dated March 29, 2006 (the "Original Contract") to effectuate the goals detailed above; and WHEREAS, the Redeveloper has submitted to the Authority a proposal for the redevelopment of the Redevelopment Property that differs in ways from the proposal contemplated by the Original Contract and the Redeveloper and the Authority desire by this First Amended and Restated Redevelopment Agreement to amend and restate the Original Contract in its entirety; and NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other that the Original Contract is hereby amended and completely restated as follows: 2 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes~ Sections 469.001-469.047, as amended. "Affiliate" means any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Person and any purchaser of all or substantially all of the assets of such Person. For this purpose, "control" means the power to direct management and policies, directly or indirectly, whether through ownership of voting securities, by contract or otherwise, and the terms "controlling" and "controlled" have correlative meanings. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Housing and Redevelopment Authority In and For the City of Hopkins, or any successor or assign. "Available Tax Increment," with respect to a Scheduled Payment Date, means (1) the New Tax Increment received by the Authority in the six (6) month period preceding such Scheduled Payment Date after deducting therefrom ten percent (10%) thereof to be retained by the Authority as reimbursement for administrative costs plus (2) the Existing Tax Increment received by the Authority in the six (6) month period preceding such Scheduled Payment Date after deducting therefrom (a) ten percent (10%) thereof to be retained by the Authority as reimbursement for administrative costs plus (b) the amount necessary to make the next scheduled debt service payment on the Prior Bonds. With respect to the first Scheduled Payment Date under the Phase Bonds issued by the Authority for Phase 1, the term "Available Tax Increment" shall also include ninety percent (90%) of the Existing Tax Increment received by the Authority after March 29,2006. Base Value" means the tax capacity of all property located within the Tax Increment District as of the date of establishment, as certified to the Authority by the Hennepin County Auditor. "City" means the City of Hopkins. "Class B Office Space" means that type and quality of office space defmed as "Class B" by the Builders Owners and Managers Association International. "Commence" means, with respect to construction of any Phase of Minimum Improvements, commencement of construction of footings and foundations related thereto. 3 "Complete" means, with respect to construction of any Phase of Minimum Improvements, substantial completion thereof in accordance with Authority-approved construction, plans. "County" means Hennepin County, Minnesota. "Coverage" means the mnount by extent to which estimated annual Tax Increment exceeds annual debt service with respect to Phase Notes and/or Phase Bonds. "Environmental Reports" means studies and analysis performed by consultants to SUPERV ALU and the Redeveloper showing adverse environmental conditions existing upon and within the Redevelopment Property. "Existing Tax Increment" means all Tax Increment that after March 29, 2006 is derived with respect to the SUPERV ALU Warehouse, which Tax Increment does not include New Tax Increment. "Event of Default" means an action listed in Section 9.1 of this Agreement. "Holder" means the owner of a Mortgage. "J oint Use Property" means the real property described on Schedule B to this Agreement' to be the subject ofajoint use agreement pursuant to Section 3.7. "Master Development Plan" means the plan that shows the nature and location of the various Phases of the Minimum Improvements which has been developed as described in Section 4.2 of this Agreement. "Minimum Improvements" means the construction by the Redeveloper on the Redevelopment Property. of a multi-phased office development all as is further described in this Agreement and the approved Master Development Plan. "Mortgage" means any mortgage made by the Redeveloper that is secured, in whole or in part, by the Redevelopment Property and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "New Tax Increment" means all Tax Increment that after March 29, 2006 is derived with respect to the Mini~um Improvements and the Redevelopment Property. "Note" means any of the Phase Notes, as the context requires. "Option" means the Option Agreement between the Authority and SUPERV ALU dated October 13, 1998, pursuant to which the Authority had the right under certain circumstanc~s to acquire the Redevelopment Property. 4 "Original Contract" means that certain Redevelopment Agreement between the Redeveloper and the Authority dated as of March 29,2006. "Parcel" means either Parcel A, Parcel B or Parcel C. "Parcel A" means that portion of the Redevelopment Property described as such on Schedule A and upon which Phase 2 will be developed. "Parcel B" means that portion of the Redevelopment Property described as such on Schedule A and upon which Phase 1 will be developed. "Parcel C" means that portion of the Redevelopment Property. described as such on Schedule A and upon which Phase 3 is anticipated to be developed. "Party" means the Authority or the Redeveloper, as the context may require. "Phase" means Phase 1, Phase 2 or Phase 3. "Phase 1" means the development of approximately 250,000 square feet of office building to be constructed on Parcel B in accordance with plans therefore approved by the City. "Phase 2" means the development of approximately 200,000" square feet of office building to be constructed on Parcel A in accordance with plans therefore approved by the City. "Phase 3" means the development anticipated to take place on Parcel C as provided for in Section 4.3 of this Agreement. "Phase Note" or "Phase Notes" means the tax increment revenue note or notes which may be issued by the Authority to the Redeveloper pursuant to Section 3.3 of this Agreement. "Phase Bonds" means the tax exempt tax increment revenue bonds to be issued by the Authority pursuant to Sections 3.3(d)(ii){ID or 3.3(d)(iii) of this Agreement. "Prior Bonds" means the City's General Obligation Tax Increment Bonds, Series 2002A, and any obligations issued to refinance such bonds. "Project" means the Authority's Redevelopment Project No.2. "Project Area" means the real property located within the boundaries of the Project. "Public Redevelopment Costs" means the costs of acquiring and redeveloping the Redevelopment Property to be reimbursed by the Authonty pursuant to Section 3.3 of this Agreement. "Public Redevelopment Cost Ledger" means an accounting ledger to be maintained by the Authority upon which the Authority will record (a) Public Redevelopment Costs, evidence of 5 which has been submitted to the Authority by the Redeveloper and approved by the Authority and (b) payment of Public Redevelopment Costs made to or as directed by the Redeveloper. "Redeveloper" means Opus Northwest, L.L.C., a Delaware limited liability company, its successors and assigns. "Redevelopment Property" means the real property described as such on Schedule A attached to this Agreement. "Scheduled Payment Date" means a payment date under the Phase Notes or Phase Bonds. "Special Law" means Laws of Minnesota 2003, Chapter 127, Article 10, Section 3. "State" means the State of Minnesota. "SUPERV ALU" means SUPERV ALU INC, a Delaware corporation. "SUPER V ALU Agreement" means that certain Redevelopment Agreement between the Authority and SUPERV ALU dated July 20, 1998, as amended by a First Amendment to Redevelopment Agreement dated February 18,2003. "SUPERV ALU Purchase Agreement" means that certain Real Estate Purchase Agreement, dated September 29,2005, as amended, between SUPERV ALU and the Redeveloper pursuant to which the Redeveloper acquired the Redevelopment Property from SUPERV ALU. "SUPERV ALU Warehouse" means the existing warehouse facility owned by SUPERV ALU and located on the real property with the tax parcel identification number 25 117 22 11 0003. The phrase "SUPERV ALU Warehouse" shall also include the real property on which the facility is located. "Tax Increment" means that portion of the real property taxes paid with respect to the Tax Increment District that is remitted to the Authority as tax increment pursuant to the Tax Increment Act, less any deductions and payments required to be made by the Authority pursuant to the Tax Increment Act or other law, and as further calculated in accordance with Section 6.3 hereof. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174-469.1799, as amended and as it may be further amended from time to time. "Tax Increment District" means Tax Increment Financing District No.2-II created by the Authority and City within the Project Area, as it may be modified from time to time. "Tax Increment Plan" means the tax increment financing plan adopted by the Authority in connection with its creation of the Tax Increment District, as amended and as it may be further amended from time to time, which plan together with the information and findings contained therein is hereby incorporated herein and made a part hereof by reference. 6 "Termination Date" means the date that the Tax Increment District terminates. . "Unavoidable Delay" means delay beyond the reasonable control of the Party claiming the benefit of such delay, which include, without limitation, the direct result of: (i) strikes or other labor troubles; (ii) acts of God, fIfe or other casualty; (iii) acts of war or terrorism, (iv) litigation commenced by third parties which directly results in delays; (v) the filing of a petition which mandates delaying the effective date of any action required by this Agreement or necessary to achieve its purpose; (vi) severe adverse weather conditions beyond those reasonably foreseeable or commonly scheduled for in this State; (vi) acts or failures to act of any Federal, State or local governmental unit except those provided for under this Agreement, or (vii) delay resulting from the failure of another Party to timely perform its obligations hereunder. 7 ARTICLE II Renresentations Section 2.1. Representations by the Authority. The Authority makes the following representations as the basis for the undertaking on its part herein contained: (a) The Authority is a public body corporate and politic duly organized and existing under the laws of the State and is duly authorized to enter into this Agreement and perform its obligations hereunder. To the best of the Authority's knowledge, performance of the Authority's obligations under this Agreement do not conflict with any of its contracts, enabling legislation, or governing documents. (b) To the best of the Authority's knowledge and belief, the Authority has complied with the Tax Increment Act in the creation of the Tax Increment District and is authorized by law to provide the assistance contemplated by this Agreement to the Redeveloper in accordance with the terms of this Agreement. (c) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, materially limited by, or materially conflicts with or results in a material breach of the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Authority is now a party or by which it is bound, or constitutes a default under any of the foregoing. (d) The Authority has complied with the effective date provisions of the Special Law. (e) The Authority will not modify or otherwise amend the Tax In'crement Plan in any manner that adversely impacts the rights of the Redeveloper under this Agreement. Section 2.2. Representations~ Covenants and Warranties by the Redeveloper. The Redeveloper represents, warrants, and covenants to the following: (a) The Redeveloper is a duly and legally formed limited liability company, authorized to do business in the State of Minnesota and, to the best of its knowledge, is not in violation of any laws of the State or federal government, and has all necessary power and authority to enter into this Agreement and to carry out its obligations hereunder. (b) It is the intent of the Redeveloper to construct the Minimum Improvements as demand exists and, if constructed, the Redeveloper will, so long as in ownership, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code, energy conservation, and public health laws and regulations). (c) Except as may be shown in the Environmental Reports, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of 8 the Redeveloper with respect to the Minimum Improvements may be or will be in violation of any environmental law or regulation and has no knowledge of any facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under any such law regulation or review procedure. (d) Prior to undertaking construction of each Phase of the Minimum Improvements, the Redeveloper will seek to obtain, in a timely manner, all required permits, licenses and approvals, and will seek to meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before such Minimum Improvements may be lawfully constructed. (e) Neither the execution and delivery of tNs Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, materially limited by, or materially conflicts with or results in a material breach of the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. (f) The redevelopment of the Redevelopment Property through the development of the Minimum Improvements would not be fmancially feasible and the Redeveloper would not undertake the Minimum Improvements, as proposed, without the financial assistance of the Authority contemplated by this Agreement. 9 ARTICLE III Redevelonment Pronosal: Public Assistance Section 3.1. Redevelopment Proposal. (a) The Redeveloper has acquired fee simple title to the Redevelopment Property from SUPERV ALU pursuant to the SUPERV ALU Purchase Agreement. The Authority and the Redeveloper entered into the Original Contract to document their respective rights and responsibilities concerning the redevelopment of the Redevelopment Property. The Redeveloper's proposal for the redevelopment of the Redevelopment Property has changed in certain respects from the proposal contemplated at the time of execution of the Original Contract. The Authority and the Redeveloper desire by executing this Agreement to document their understandings and agreements concerning the current proposal for the redevelopment of the Redevelopment Property and to amend and restate the Original Contract in its entirety. (b) The Authority acknowledges that the high costs associated with the redevelopment of the Redevelopment Property wiUlikely make such redevelopment not economically feasible absent public financial investment. Therefore, the Authority is willing, subject to the conditions and provisions stated in this Agreement, to utilize Tax Increment through the issuance and payment of the Phase Notes and/or Phase Bonds to offset a portion of the extraordinary costs associated with th~ redevelopment of the Redevelopment Property. 3.2 Demolition and Remediation. (a) The Authority and Redeveloper agree that demolition of the improvements currently existing on the Redevelopment Property, and the related environmental remediation, will facilitate the redevelopment of the Redevelopment Property by making such property more appealing to prospective users. Therefore, the Authority agrees that the cost of demolishing the improvements located on the Redevelopment Property at the time that the Redeveloper acquired title to the Redevelopment Property and the cost of remediation of adverse environmental conditions existing on the Redevelopment Property will constitute Public Redevelopment Costs, subject to reimbursement by the Authority as provided in this Agreement. (b) The Redeveloper has commenced demolition of the improvements on the Redevelopment Property. Prior to commencing demolition the Redeveloper submitted to the Authority a demolition and site remediation plan, which included dust, and traffic control measures to protect adjacent properties during the demolition activities. The demolition and site remediation plan was approved by the Authority. The Redeveloper also submitted to the Authority and the Authority approved a plan describing the maintenance of the Redevelopment Property after completion of the demolition and remediation work and prior to the construction of the Minimum Improvements. The plan provides that the entire Redevelopment Property will be fenced after completion of the demolition. Any landscaping, seeding or other activities shown on such plan submitted to and approved by the Authority shall be completed within thirty (30) days after completion of the demolition and remediation activities on the Redevelopment Property. If the Redeveloper fails to maintain the Redevelopment Property in accordance with such plan, upon twenty (20) days written notice and opportunity to cure, the Authority or City shall have the right to enter upon the Redevelopment Property for that purpose and assess the 10 cost of maintenance against the Redevelopment Property~ provided that such asseSSlllent shall not reduce or otherwise affect Tax Increment pledged to Phase Notes and/or Phase Bonds issued pursuant to Section 3.3 hereof. Section 3.3. Issuance of Phase Notes and/or Phase Bonds. (a) The Authority acknowledges that the successful redevelopment of the Redevelopment Property may require that public assistance be provided to offset a portion of the costs of redevelopment of the Phases. Therefore, the Authority agrees, subject to the terms and conditions of this Agreement, to reimburse the Redeveloper, or third parties that incur such costs in coordination with the Redeveloper, for a portion of such costs through the issuance and payment of the Phase Notes and/or Phase Bonds. The costs to be reimbursed by the Authority are referred to herein as the "Public Redevelopment Costs," as further described in Section 3.3(c). (b) The Redeveloper's approved Master Development Plan for the development of the Minimum Improvements provides for a build-out of- 746,000square feet of finished buildings. Taking all costs into consideration, including but not limited to the cost of acquiring the Redevelopment Property, demolition and remediation thereof, and construction of structured parking, the Redeveloper's development pro forma shows a need for $27.25 of tax increment assistance per gross square foot of finished building, ~.vhich includes costs of issuance and Coverage, for each square foot of fInished building in order to achieve what Redeveloper believes will be competitive rental rates and sales prices for the building( s) comprising the Minimum Improvements. The anlount of Tax Increment assistance shall be calculated by dividing the gross square footage of the Minilnum Improvements to be constructed. as shown on the approved Master Developnlent Plan. by the maximum principal amount of the Phase Notes and/or Phase Bonds. (c) The Redeveloper acknowledges that the Authority's ability to use Tax Increment to assist in the redevelopment of the Redevelopment Property is subject to (i) certification by the Redeveloper that it has incurred Public Redevelopment Costs at least equal in amount to $27.25 per gross square foot of finished Minimum Improvements and (ii) the limitations contained in the Tax Increment Act, including, without limitation, Section 469.1763, subd. 3 and the Special Law. As Public Redevelopment Costs are paid or incurred by the Redeveloper, the Redeveloper shall certify them to the Authority and the Authority shall maintain them in the Public Redevelopment Cost Ledger. Redeveloper's certifications of Public Redevelopment Costs shall be accompanied by documentary evidence, in a form reasonably acceptable to the Authority, of the Redeveloper's incurring of the Public Redevelopment Costs. It is agreed that if the following costs, when certified by the Redeveloper, shall constitute Public Redevelopment Costs: (A) The cost of acquiring the Redevelopment Property; (B) Costs paid or incurred by the Redeveloper on or before April 5, 2008 for demolition and remediation, as described in Section 3.2, the construction of parking facilities, on-site utilities, internal roadways, lighting and landscaping, together with associated engineering, legal, consulting and financing costs; 11 (C) Such other costs as are determined by the Authority to constitute Public Redevelopment Costs. In determining the incurrencecxistencc of Public Redevelopment Costs equal to the principal amount of each Phase Note and/or Phase Bond, costs shown on the Public Redevelopment Cost Ledger of the type described in Sections 3.3( c )(B) shall be first utilized and then, to the extent such costs equal less than $27.25 per gross square foot of finished building, costs of the type described in Sections 3.3(c)(A) and (C), in that order, shall be counted. (d) The following tax increment financing options shall be available to the Redeveloper: (i) Pay-As- You-Go Phase Notes. Upon completion of a Phase of the Minimum Improvements on the Redevelopment Property and certification of Public Redevelopment Costs pursuant to Section 3.3(c), and upon request of the Redeveloper the Authority shall issue to the Redeveloper, or directly to its designee, a Phase Note in the original principal amount of $27.25 per gross square foot of finished building constructed within that Phase payable, together with interest from the date that the Phase Note is issued until the earlier of the date that the Phase Note has been paid in full or the termination of the Tax Increment District at an annual interest rate recommended by the Authority's financial advisor as being representative of interest then paid on similar municipal obligations, but in no event less than the then-current rate paid on a 10-year United States Treasury Bond plus 2.25%. Each Phase Note issued under this Section 3.3(d)(i) shall be in the form of the note attached to this Agreement as Schedule C with all blanks filled in, except (A) for such form changes as the sale of such note shall reasonably require and (B) it is acknowledged that such form assumes that each note shall have a parity call on Available Tax Increment and that the Redeveloper may direct that a different priority be established, as permitted below. (ii) Phase Notes and Phase Bonds. (A) At or P-,Qrior to commencement of construction of a Phase of the Minimum Improvements, and upon request of the Redeveloper, the Authority shall issue and sell one series of taxable Phase Notes in a total principal amount not to exceed $27.25 per gross square foot of finished building to be constructed within the related Phase of Minimum Improvements, the proceeds of which shall be disbursed to the Redeveloper pursuant hereto. The Redeveloper shall execute and deliver such limited guuranties and or cause to be executed and recorded against the Phase and the related pfarcel of the Redevelopment Property such instruments 12 and agreements as may be required to successfully market and sell the Phase Notes. Proceeds of the Phase Notes shall be used solely to pay costs of issuance, accrued interest and unreimbursed Public Redevelopment Costs, as shown on the Public Redevelopment Cost Ledger. To the extent that Public Redevelopment Costs equal to net proceeds of the Phase Notes have not been paid or incurred by the Redeveloper as of the closing thereof, such proceeds shall be deposited with the title company disbursing construction loan proceeds, pursuant to a disbursing agreement acceptable to the Authority, and shall be disbursedpaid to the Redeveloper upon written notification by the Authority that such Public Redevelopment Costs have been certified as provided in this Agreement. (B) Upon completion of the Minimum Improvements and issuance of a Certificate of Completion by the Authority with respect thereto, the Authority shall issue and sell Phase Bonds in the maximum amount marketable to the extent necessary to generate net proceeds sufficient to for the purpose of refunding and retir~ing the Phase Notes (without regard to the $27.25 per gross square foot limitation but payable exclusively from proceeds thereof . and Available Tax Increment). While the Authority and Redeveloper expect (based upon current projections) that the Authority will be able to issue the Phase Bonds in a principal amount sufficient to provide for the payment in full of principal of and accrued interest on the outstanding Phase Notes, the initial principal amount of the Phase Bonds will be contingent on a number of factors that could result in the size of the Phase Bonds being insufficient to produce net proceeds to refinance the Phase Notes in full. In such event the Redeveloper shall, at the request of the Authority, provide written assurances to the Authority, that the Redeveloper will deliver to the Authority such funds as shall be sufficient to pay the difference between the net proceeds of the Phase Bonds and the outstanding principal of and accrued interest on the Phase Notes. The actual delivery of such funds shall be a condition precedent to the Authority's obligation to issue the Phase Bonds. This obligation shall be personal to the Redeveloper and shall not bind any lender providing construction or permanent financing, for the Minimum Improvements, any affiliate of such lender or any successor owner of the Redevelopment Property by reason of transfer by such lender. Notwithstanding the foregoing, the Authority shall have the 13 option to delay issuance of the Phase Bonds temporarily or for as long as the Agency is prohibited from refinancing the Phase Notes pursuant to changes in federal law enacted after the date of this Agreement. In such event, the Authority shall use every reasonable effort to refinance the Phase Notes with one or more series of additional taxable obligations until the Phase Bonds can be legally issued or until the Phase Notes, and successive refmancing obligations, have been fully amortized. (C) The Authority shall not be obligated to issue Phase Notes under this clause (ii) if, upon the request of the Redeveloper to do so, the Authority reasonably determines that the issuance of the Phase Bonds pursuant to clause (B), at the time it is anticipated such bonds would be issued, will negatively impact the City's or Authority's ability to issue other planned tax-exempt obligations qualified under Section 265(b )(3)(B) of the United States Internal Revenue Code of 1986, as amended (the "Bank Qualified Provision"); provided that upon issuance of the Phase Notes for a Phase under this Section 3.3(d)(ii), the obligation of Authority to issue Phase Bonds for that Phase shall be binding except to the extent unlawful, but only if completion of the Phase for which the Phase Bonds are being issued and issuance of the Phase Bonds occurs in the calendar year anticipated by the parties at the time that the Phase Notes were issued. In the event that Phase Bonds are not to be issued for any of the reasons stated in this Section 3.3(d)(ii)(C) other than illegality, the Redeveloper shall have the option to (i) provide an irrevocable commitment satisfactory to the Authority to reimburse the City or Authority for any interest rate loss incurred by reason of issuance of other Authority or City bonds not qualified under the Bank Qualified Provision, in which event the Authority shall issue the Phase Bonds~ -ef (ii) request that the Authority issue taxable revenue bonds in lieu of the Phase Bonds, in which event the Authority shall do so. or (iii) request that the Authoritv issue tax-exempt Phase Bonds in the first year that doing so will not because of the Bank Qualified Provision. have an unreasonably negative effect upon the Authority and/or City. in which event the Authority shall do so. (iii) Initial Permanent Tax-exempt Revenue Bonds. 14 (A) In connection with the construction of Phase 1 and, except as otherwise provided herein, upon future request of the Redeveloper in connection with the construction of Phase 2 and/or Phase 3, the Authority shall issue its Phase Bonds in a total maximum original principal amount not to exceed $27.25 per gross square foot of finished building planned to be constructed in the related Phase of Minimum Improvements as shown on the approved Master Development Plan. The Phase Bonds shall be issued prior to Commencement of construction of the related Minimum Improvements and the net proceeds thereof shall be used to reimburse the Redeveloper for Public Redevelopment Costs, as shown in the Public Redevelopment Costs Ledger. (B) To the extent that Public Redevelopment Costs equal to net proceeds of such bonds have not been paid or incurred by the Redeveloper as of the closing thereof, such proceeds shall be deposited with the title company disbursing construction loan proceeds and shall be paid to the Redeveloper upon written notification by the Authority that such Public Redevelopment Costs have been certified. (C) Except for reasonable costs of issuance, proceeds of Phase Bonds issued pursuant to this Section 3.3(d)(iii) shall in all events be held in escrow with the title company disbursing construction loan proceeds or with the trustee for such Phase Bonds until Commencement of construction of the Minimum Improvements for the applicable Phase. (D) The Phase Bonds will be special, limited obligations of the Authority and will be payable solely from proceeds of the Phase Bonds and Available Tax Increment. The Phase Bonds will neither constitute nor give rise to a general obligation or liability or a charge against the general credit or taxing power of the Authority or the City. (E) It has been determined and agreed that the financing option described in this Section 3.3( d)(iii) shall be employed in connection with the construction of Phase 1. However, the Authority shall not be obligated to issue Phase Bonds under this Section 3.3( d)(iii) in connection with construction of Phase 2 or Phase 3 if, upon the request of the Redeveloper to do so, the Authority reasonably determines that the issuance of such Phase Bonds will negatively impact the City's or Authority's ability to issue other planned tax- 15 exempt obligations qualified under Section 265(b)(3)(B) of the United States Internal Revenue Code of 1986, as' amended unless the Redeveloper provides an irrevocable commitment satisfactory to the Authority to reimburse the City or Authority for any interest rate loss incurred by reason of issuance of other Authority or City bonds not qualified under the Bank Qualified Provision. (e) The obligation of the Authority to issue Phase Notes and/or Phase Bonds pursuant to this Section 3.3(d) shall in all events be conditioned upon: (i) No Event of Default having occurred which remains uncured; (ii) The Redeveloper providing such assessment agreements, guaranties and other security as shall be necessary to successfully market such Phase Notes and/or Phase Bonds; (iii) There being no Authority or City financial obligation for costs of issuance or any other costs in connection with such Phase Notes and/or Phase Bonds; (iv) The Phase Notes and/or Phase Bonds being special, limited obligations of the Authority payable solely from proceeds thereof, Available Tax Increment and such limited guaranties as the Redeveloper agrees to provide, as provided herein. The Notes will neither constitute nor give rise to a general obligation or liability or a charge against the general credit or taxing power of the Authority or the City. (v) With respect to any Phase Bonds to be issued on a tax -exempt basis, the Authority having received an opinion from its bond counsel that such Phase Bonds, as structured, can be issued as tax exempt obligations; and (vi) With respect to any Phase Notes or Phase Bonds to be issued prior to commencement of the Phase for which the Phase Notes or Phase Bonds are being issued, the Redeveloper having provided to the Authority reasonable assurances that the Phase will be constructed and that the Redeveloper has incurred or will incur Public Redevelopment Costs to support the issuance of Phase Notes or Phase Bonds. Evidence thereof shall include the existence of binding construction contracts, committed construction loan , financing, tenant leases and such other Redeveloper obligations, commitments or assurances as may be legally given. 16 (f) Subject to Section 8.1(b) with respect to Phase 3, the Redeveloper shall have the option to allocate Available Tax Increment among and between Phase Notes and Phase Bonds issued in connection with Phase 1, Phase 2 and Phase 3 and may be reimbursed for Public Redevelopment Costs incurred with respect to any Phase of Minimum Improvements fronl any available Phase Note or Phase Bond proceeds. (g) It is agreed that unused Coverage shall be the property of the Redeveloper or its assigns and that the Authority shall, if requested, issue a separate tax increment revenue note evidencing such amounts. (h) The issuance of each Phase Note and/or Phase Bond pursuant to this Section 3.3(d) shall be authorized by a resolution of the Authority (i) The Redeveloper shall be responsible for retaining and compensating an underwriter to market the Phase Bonds and any Phase Notes to be sold to third parties, the identity of which underwriter shall be subject to the reasonable approval of the Authority. Section 3.4. Authority and City Costs. In consideration of the Authority's covenants and agreements set forth herein, the Redeveloper agrees that it will pay all out -of-pocket costs incurred by the Authority or City with respect to the Authority's activities under this Agreement and the City's activities in connection with the Redeveloper's development. The costs for which the Redeveloper shall be responsible shall include all out-of-pocket costs incurred by the Authority or City with respect to this Agreement or their activities in connection herewith, including, without limitation, all fees, whether incurred before or after the date of this Agreement, owed to traffic, development, fiscal, environmental, geotechnical and other consultants, and all reasonable attorneys' fees incurred by the Authority in connection with the negotiation and preparation of this Agreement, land use approvals, the Planned Unit Development Agreement, and all related documents or transactions, or in successfully enforcing . the Redeveloper's obligations under this Agreement. All of the Authority's consultants shall be under contract with the Authority, unless the Authority and the Redeveloper otherwise agree in writing. The Authority shall provide to the Redeveloper requests for payment of the costs incurred by the Authority from time to time. If requested by the Redeveloper, which requests shall not occur more frequently than quarterly, the Authority will provide to the Redeveloper statements or invoices documenting such costs. Such costs shall be payable by the Redeveloper to the Authority within 21 days after request by the Authority. At the option of the Authority, the Authority may require that the Redeveloper make payments of costs incurred by the Authority directly to the persons or entities to whom such costs are owed, in which case such payments shall be made within 21 days after the Authority provides documentation of the costs to the Redeveloper. The Authority agrees that it will not incur such costs in an aggregate amount exceeding $50,000 without notifying the Redeveloper of such fact and allowing the Redeveloper to terminate this Agreement; provided, that the cost of updating the AUAR as described in Section 4.2(d) shall not be considered when determining the amount of costs incurred by the Authority and whether the $50,000 threshold has been reached. Section 3.5. (This Section has been intentionally omitted.) 17 Section 3.6. Environmental and Soil Conditions. The Redeveloper acknowledges that the Authority makes no representations or warranties as to the environmental or soils conditions existing on the Redevelopment or its fitness for construction of the Minimum Improvements. Section 3.7. Joint Use Property. The Joint Use Property is an approximately three (3) acre parcel of real property located near the Redevelopment Property and is described on Schedule B. The City currently uses the Joint Use Property for snow storage purposes under the terms of a lease with the Redeveloper. Pursuant to the Master Development Plan and related agreements between the City and Redeveloper, the Redeveloper is required to make certain regional pond and trail improvements to the Joint Use Property and, upon completion thereof, convey the Joint Use Property to the City. Section 3.8. SUPERV ALU Agreement and Option. At the time that the Redeveloper acquired the Redevelopment Property the SUPER V ALU Agreement and the Option were terminated by SUPERV ALU and the Authority. 18 ARTICLE IV Construction of Imorovements Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that, market conditions permitting with respect to Phase 3, it will construct the Minimum Improvements on the Redevelopment Property in accordance with the approved Master Development Plan and that so long as it owns the Minimum Improvements, or portions thereof, it will maintain, preserve and keep the Minimum Improvements, including but not limited to all landscaping and exterior improvements, to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in commercially reasonable repair and condition. Section 4.2. Master Development Plan. (a) The Authority's willingness to provide the assistance contemplated by this Agreement to the Redeveloper is predicated upon and subject to the Redeveloper's agreement that it will construct the Minimum Improvements as provided herein and that the Minimum Improvements will be of such quality and nature as will satisfy the Authority's and City's goals for the development of the Redevelopment Property which will require the approval of planned unit development ("PUD") zoning for the Redevelopment Property. Therefore, the Redeveloper applied for and obtained City PUD zoning approval. As a part of that process the Redeveloper prepared and the City approved a Master Development Plan for the redevelopment of the Redevelopment Property. The Master Development Plan contains, among other information, the following: (i) A site plan indicating the existing and proposed uses, gross floor area, lot coverage, height, parking and density computations; (ii) Text describing the proposed Minimum Improvements; (iii) A vicinity map; (iv) A map showing the Master Plan Boundaries and the relationship of the area to surrounding uses and structures; (v) A proposed circulation plan including projections of traffic volumes within the plan area and volumes generated by the proposed plan that would be added to the streets in the vicinity; (vi) A preliminary development schedule indicating the sequence and timing of the development; (vii) A storm water retention plan; (viii) A landscaping plan; and 19 (ix) A description of building materials. (b) The Master Development Plan shows a development of 746,000 square feet, to be either leased or sold by the Redeveloper, as follows: (i) At least 75% of square footage constructed upon the Redevelopment Property will be for office users. Office buildings shall be Class B or higher, as generally defined by the Builders Owners and Managers Association International (BOMA). (ii) Up to 25% of the square footage of buildings constructed upon the Redevelopment Property may be for such uses as (i) a hotel, (ii) medical manufacturing, (iii) research and development, (iv) uses substantially similar to (ii) and (iii) and (v) ancillary retail (the "Restricted Uses"). (iii) Any hotel facility constructed on the Redevelopment Property shall be constructed as at least a two-diamond facility, as described by the American Automobile Association or a two-star facility, as described by the Mobil Travel Guide. (iv) Total ancillary retail, including retail pads, shall not exceed 15,000 square feet, ancillary retail will not include any business whose primary purpose is the sale of coffee and all ancillary retail construction shall occur subsequent to or concurrently with office construction. (c) Changes to the Master Development Plan are subject to approval of the City in accordance with the provisions of the pun agreement between the City and the Redeveloper negotiated as a part of the PUD approval process. Nothing in this Section shall be deemed to relieve the Redeveloper of its obligations to comply with the requirements of the City's normal construction permitting process or to restrict the City in the exercise of its discretion in granting any additional approvals of Redeveloper's development. (e) In connection with an, earlier proposal to redevelop the Redevelopment Property the City caused to be prepared an Alternative Urban Areawide Review (the "AUAR") to assess the impacts of that proposal. The Redeveloper has taken such actions as were necessary to update the AUAR for its proposed development to comply with applicable law and has submitted the same to the City. Section 4.3. Construction of Phases. (a) The Redeveloper has entered into agreements with a tenant which will lease Phase 1 and Phase 2 (the "Leases"). Therefore, the Redeveloper agrees that, subject to Unavoidable Delay and no uncured breach of the Leases by such tenant, it will Commence construction of Phase 1 on or about May 2007 and Commence construction of Phase 2 on or about May 2009. Once construction of Phase 1 or Phase 2 is Commenced pursuant to the preceding sentence, Redeveloper shall be unconditionally obligated to Complete 20 such Phase. Subject to Unavoidable Delay, Phase 1 shall be Completed on or about July 2008 and Phase 2 shall be Completed on or about. July 2010. (b) The parties acknowledge that the timing of the development of Phase 3 is subject to market conditions. The Redeveloper agrees that, subject to Section 8.1 (b), it will actively and diligently market Parcel 3 to prospective office users. When the Redeveloper receives user commitments sufficient to warrant proceeding with Phase 3, it will deliver a Go-Ahead Letter to the Authority, which will include: (a) Identification of the known user or users and whether the user(s) will own or lease. (b) Number of square feet to be constructed. (c) Estimated construction cost. (d) Construction schedule. (e) Preliminary construction plans. (c) The Authority staff shall have twenty '(20) days after receipt of such Go-Ahead Letter to review the information submitted to determine if the proposed Phase 3 is consistent with Section 4.2(b) and terms of the PUD. If the Authority staff determines that the proposed Phase 3 is consistent with Section 4.2(b) and the terms of the PUD, they will so notify the Redeveloper, and the Redeveloper may proceed with the construction of Phase 3. If the Authority staff determines that the proposed Phase 3 does not conform to Section 4.2(b) and the terms of the PUD, they will notify the Redeveloper of such fact detailing the ways in which the plans for Phase 3 must be modified or the terms of this Agreement and/or the PUD amended. The Redeveloper shall not proceed with Phase 3 until the Authority has given its written approval. (d) Until construction of the Minimum Improvements has been completed, the Redeveloper shall make construction progress reports, at such times as may reasonably be requested by the Authority as to the actual progress of the Redeveloper with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after completion of each Phase of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Phase, as evidenced by issuance by the City of its certificate of occupancy, and upon request by Redeveloper, the Authority will furnish the Redeveloper with a certificate of completion for the Minimum Improvements in a form acceptable for recording in the County Recorder's Office or the Office of the Registrar of Titles. The certificate of completion shall be furnished to Redeveloper within ten (10) business day after request by Redeveloper, and shall conclusively satisfy and terminate the agreements and covenants in this Agreement of the Redeveloper, and its successors and assigns, to construct the Phase. Such certification and such determination shall not constitute evidence of compliance 21 . with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned for construction of the Phase, or any part thereof. 22 ARTICLE V Insurance Section 5.1. Insurance. (a) The Redeveloper will provide and maintain or cause to be provided and maintained at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the Authority, furnish the Authority with proof of payment of premiums on: (i) Builder's risk or hazard insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements Phase to be constructed (excluding excavation, grading and foundation construction) at the date of completion, and with coverage available in nonreporting form on the so called "all risk" form of policy. (ii) Commercial general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, and contractual liability insurance) with limits against bodily injury and property damage of not less than $2,000,000.00 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). Redeveloper shall satisfy the conditions of this Section 5.1(a)(ii) by naming the Authority as an additional insured on its general liability policies. (iii) Worker's compensation insurance, with statutory coverage and employer's liability protection. (b) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risk covered thereby. The Redeveloper will deposit annually with the Authority binders evidencing all such insurance, or a certificate or certificates of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Redeveloper and the Authority at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration" of any policy, the Redeveloper shall furnish the Authority evidence satisfactory to the Authority that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V of this Agreement, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the Authority a certificate 9r certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. 23 (c) The Redeveloper agrees to notify the Authority with reasonable promptness in the case of damage to or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty during construction thereof. Subject to the rights of any Holder and any instruments evidencing and securing the Mortgage: (i) In the event of any such damage or destruction, the Redeveloper will within a reasonable time and with due diligence repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will. apply the Net Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. (ii) The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Redeveloper for such purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of such repairs, construction and restoration shall be remitted to the Redeveloper. 24 ARTICLE VI Taxes: Tax Increment Section 6.1. Use of Tax Increment. The Redevelopment Property is located in the Tax Increment District. Subject to the limitations contained in the Note, the Authority hereby pledges to the payment of the Phase Notes and/or Phase Bonds the Available Tax Increment. Any amounts deducted from Tax Increment in determining Available Tax Increment shall be the Authority's property and the Authority shall be free to use such funds for any purpose it determines. Section 6.2. Redeveloper's Representations Concerning Notes. Except with respect to the date of certification of the Tax Increment District, the certified original tax capacity of the Tax Increment District, the debt service schedule for the Prior Bonds and compliance by the Authority and the City with the Special Law, the Redeveloper makes the following representations to the Auth<;>rity with respect to the issuance of any Phase Note to the Redeveloper under this Agreement: (a) The Redeveloper has not relied on any representations of the Authority or City, or any of their officers, agents, or employees, and has not relied on any opinion of any attorney of the Authority or City, as to the Federal or State income tax consequences relating to the purchase and ownership of the Phase Note by the Redeveloper. (b) The Redeveloper is sufficiently knowledgeable and experienced in financial and business matters, including the purchase and ownership of obligations of a nature similar to the Phase Note, to be able to evaluate the risks and merits of the purchase and ownership of the Phase Note. The Redeveloper has been made aware of the security for the Phase Note and the proposed uses of the proceeds of the Note, and has received the cooperation of the Authority and City in undertaking any due diligence that the Redeveloper has deemed necessary or appropriate. (c) The Redeveloper understands that the portion of the Tax Increment pledged to the payment of the Phase Note pursuant to this Agreement is the sole source of money that is pledged and will be available for the payments due under the Phase Note; that the Authority is not under any obligation to repurchase the Phase Note from the Redeveloper under any circumstances; that the Phase Note is not a general obligation of the Authority or City; and that, if the Tax Increment pledged to the payment of the Phase Note pursuant to this Agreement is not sufficient to make the payments due under the Phase Note in full, no right will exist to have taxes levied by the Authority or City for the payment of the unpaid amounts due under the Phase Note. (d) The Redeveloper understands that the Tax Increment necessary to pay the Phase Note has been estimated assuming that the Minimum Improvements will have certain market values on certain dates. All estimates of Tax Increment that have been prepared by or on behalf of the Authority or City have been done for the Authority's and City's use only and neither the Authority, City nor their consultants shall have liability to the Redeveloper if the actual Tax Increment is less than the amounts estimated. In the event, among other things, the Redeveloper fails to complete the Minimum Improvements in a timely manner or the market value of the 25 Minimum Improvements does not reach certain levels, the Tax Increment pledged to the payment of the Phase Note may be inadequate to pay total principal of and interest on the Phase Note. (e) The Redeveloper understands that the Phase Note is not registered or otherwise qualified for sale or transfer under the securities laws and regulations of the State or under the Federal securities laws or regulations, the Phase Note is not listed on any stock or other securities exchange, and the Phase Note will carry no rating from any rating service. No Phase Note may be transferred to any third party without the prior written approval of the Authority, except that a Phase Note may be pledged to a lender providing financing for construction of the Phase for which the Phase Note is issued without the consent of but upon written notice to the Authority. Any transferee of a Phase Note shall be required to execute an instrument making the representations to the Authority contained in this Section. Section 6.3. Authority Allocations. In order to implement the Tax Increment payments with respect to the Prior Bonds and the Phase Notes and/or Phase Bonds, it will be necessary for the Authority to allocate Available Tax Increment between Existing Tax Increment received before and after March 29, 2006, between Existing Tax Increment and New Tax Increment and between New Tax Increment derived from Parcel A, Parcel B and Parcel C. For such purpose, the following rules shall be applied: (a) For purposes of calculating Tax Increment to be pledged to the Phase Bonds for Phase 1, the Base Value attributable to Parcel B shall be Fifty Thousand Seven Hundred Twelve Dollars ($50,712). For purposes of calculating Existing Tax Increment following issuance of the Phase Bonds for Phase 1, there shall be deducted from the Base Value attributable to the balance of the Tax Increment District, exclusive of Parcel A, the sum of Fifty Thousand Seven Hundred Twelve Dollars ($50,712). (b) For purposes of calculating Tax Increment to be pledged to the Phase Notes and/or Phase Bonds for Phase 2, the Base Value attributable to Parcel A shall be Forty-Eight Thousand Nine Hundred Twenty-Nine Dollars ($48,929). For purposes of calculating Existing Tax Increment following issuance of the Phase Bonds for Phase 2, in addition to the Base Value reduction described in Section 6.3(a) there shall be deducted from the Base Value attributable to the balance of the Tax Increment District, exclusive of Parcels A and B, the sum of Forty-Eight Thousand Nine Hundred Twenty-Nine Dollars ($48,929). (c) For purposes of calculating Tax Increment to be pledged to the Phase Notes and/or Phase Bonds for Phase 3, the Base Value attributable to Parcel C shall be Forty-Three Thousand Nine Dollars ($43,009). For purposes of calculating Existing Tax Increment following issuance of the Phase Bonds for Phase 3, in addition to the Base Value reductions described in Sections 6.3(a) and (b) there shall be deducted from the Base Value attributable to the balance of the Tax 26 Increment District, exclusive of Parcels A, B and C, the sum of Forty-Three Thousand Nine Dollars ($43,009). The Authority shall deliver to or at the direction of the Redeveloper ucconlpuny each Tax Increment payment with a written accounting of such calculations. 27 ARTICLE VII FiDaDcin!! Section 7.1. Limitation Upon Encumbrance of Property. Prior to the completion of a Phase, as evidenced by the Redeveloper's receipt of a certificate of completion pursuant to Section 4.4, neither the Redeveloper nor any successor in interest to the Redevelopment Property, or any part thereof, shall engage in any fmancing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Redevelopment Property, except for the purposes of obtaining funds only to the extent necessary for acquiring and constructing the Phase without the prior written approval of the Authority; provided, that the Redeveloper may contest in good faith any mechanic's liens so long as the Redeveloper diligently pursues such contest and keeps the Authority informed as to the progress of such efforts. 28 ARTICLE VIII Prohibitions A!!ainst Assi!!Dment and Transfer.. Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement. (a) Except as otherwise provided in Section 8.1 (b), the Redeveloper represents and agrees that prior to completion of construction of a Phase of the Minimum Improvements, as evidenced by the City's issuance of a certificate of occupancy for the Phase, except for (a) transfers to Affiliates, (b) agreements to lease or sell upon completion of a Phase (c) conveyances to a third party accompanies by a Redeveloper contractual obligation to such party to construct a Phase of Minimum Improvements thereon, (d) easements and covenants granted as a part of the development process and (e) by way of security for, and only for, the purpose of obtaining fmancing (including the issuance of Phase Notes and/or Phase bonds) necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to constructing the Phase under thjs Agreement, including the cost of demolition and remediation, and any other purpose authorized by this Agreement, the Redeveloper (except as so authorized) has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Redevelopment Property or any part thereof or any interest herein or therein, or any contract or agreement to do any of the same, without the prior written approval of the Authority. The Authority agrees that it will consider reasonable requests by Redeveloper's construction lender(s) and/or Phase Note and/or Phase Bond purchasers or trustees. to subordinate the Authority's rights with respect to the Redevelopment Property and Minimum Improvements and with respect to the application of insurance proceeds to the rights of such lender(s). In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval thereof by the Authority shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement from any of its obligations herein contained. (b) Notwithstanding subsection 8.1(a), the parties acknowledge that the Redeveloper has entered into a purchase agreement for the sale of Parcel C (the "Parcel C Purchase Agreement) to Cargill, Inc. or a designated Affiliate thereof ("Cargill"), which is contingent upon execution of a Parcel C redevelopment agreement between the Authority and Cargill (the "Cargill Agreement"). Upon execution of the Cargill Agreement and conveyance of Parcel C to Cargill pursuant to the Parcel C Purchase Agreement, all provisions of this Agreement pertaining to Parcel C shall terminate, the development of Parcel C shall be controlled exclusively by the Cargill Agreement and the Redeveloper shall be relieved of all obligations contained in this Agreement pertaining to the development and operation of Parcel C while all other provisions of this Agreement pertaining to Parcels A and B shall remain in full force and effect. In the event that (i) the Authority and Cargill do not reach agreement regarding the Cargill Agreement or (ii) the 'Cargill Agreement is executed but closing on the conveyance of Parcel C from the Redeveloper to Cargill does not occur as provided in the Parcel C Purchase Agreement, then the Parcel C Purchase Agreement will terminate by its terms and the development of Parcel C shall be controlled by this Agreement. 29 Section 8.2. Release and Indemnification Covenants. (a) Except for the negligence of the Indemnified Parties, the Redeveloper, on behalf of the Redeveloper, its agents, successors and assigns, releases from and covenants and agrees that the Authority; the City, and the governing body members, officers, agents, servants and employees (the "Indemnified Parties") thereof shall not be liable for and agrees to indemnify, defend and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect or condition in the Redevelopment Property or the Minimum Improvements. (b) Except for the negligence of the Indemnified Parties, the Redeveloper agrees to release, indemnify, defend and hold harmless the Indemnified Parties and further agrees to hold the aforesaid harmless from any claim, demand, suit, action, liability (including reasonable attorneys' fees and costs of defense), or other proceeding whatsoever by any person or entity whatsoever, including the Redeveloper and its successors and assigns, arising or purportedly arising from the construction, installation, ownership, and operation of the Minimum Improvements, including, but not limited to, liabilities and claims related to or arising from the presence of adverse environmental conditions, soils and geotechnical conditions or any other matter relating to the physical condition of the Redevelopment Property, but excluding any claim for consequential, punitive or similar-type damages made by the Authority. In the event of a claim against the Indemnified Parties that is or may be the subject of this indemnity, upon request of the Redeveloper the Indemnified Parties shall tender the same to the Redeveloper for defense in sufficient time to avoid prejudice to the Redeveloper. (c) Indemnities provided under this Section 8.2 shall in no event be payable from Tax Increment previously pledged to Phase Notes and/or Phase Bonds nor from the proceeds of Phase Notes and/or Phase Bonds prior to their disbursement to the Redeveloper. (de) The Redeveloper acknowledges and agrees that it shall rely solely on its own investigation, testing and due diligence in regard to the acquisition of the Redevelopment Property and the development, design and construction of the Minimum Improvements and that neither the Authority nor the City have made any representation, warranties or agreements to or with the Redeveloper regarding the physical condition of the Redevelopment Property, environmental, soils or geotechnical conditions or the suitability of the Redevelopment Property for the development and construction of the Minimum Improvements. 30 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The telm "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides); (i) any failure by the Authority or Redeveloper to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed hereunder or (ii) a material breach of any representation set forth herein. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, except as provided in Section 9 .2(b) the non-defaulting party may immediately suspend its performance under this Agreement and may take the following actions after providing thirty (30) days written notice to the defaulting party, but only if the Event of Default has not been cured within said thirty (30) days or, if the alleged default cannot be cured within said thirty (30) days, within such time as is required to cure assuming the defaulting party diligently pursues such cure: (a) Pursue whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce the performance and observance of any obligation, agreement, or covenant under this Agreement. (b) In the event of a default by the Redeveloper prior to the issuance of a Phase Note and/or Phase Bonds with respect to the Phase for which the default is alleged, the Authority may refuse to issue said Phase Note and/or Phase Bonds until the alleg~d default is cured; provided, however, that once a Phase Note and/or Phase Bonds are issued the Authority shall have no right to terminate such Phase Note and/or Phase Bonds or refuse to make payment thereon in accordance with the terms thereof. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or Redeveloper is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority or the Redeveloper to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurr~nt, previous or subsequent breach hereunder. 31 ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable. No member, official, or employee of either party shall be personally liable to the other party, or any successor in interest, in the event of any default or breach or on any obligations under the terms of the Agreement. Section 10.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.3. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at 10350 Bren Road West, Minnetonka, MN 55343; and (b) in the case of the Authority, is addressed to or delivered personally to the Authority at 1010 First Street South, Hopkins, Minnesota 55343, Attention: Executive Director, or at such other address with respect to either such party as that party may, from time to t~me, designate in writing and forward to the other as provided in this Section. Mailed notices shall be deemed duly delivered two (2) business days after the date of mailing. Section 10.4. Disclaimer of Relationships. The Redeveloper acknowledges that nothing contained in this Agreement nor any act by the Authority or the Redeveloper shall be deemed or construed by the Redeveloper or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the Authority and/or the Redeveloper and any third party. Section 10.5. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Redeveloper and the Authority. Section 10.6. Counterparts. This Agreement may be executed In any number of counterparts, each of which shall constitute one and the same instrument. Section 10.7. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. 32 Section 10.8. Business Subsidy Agreements. Because the cost to the Redeveloper of acquiring the Redevelopment Property exceeds the assessor's fair market value thereof for taxes payable in 2006, the so-called "redevelopment" exception of Minnesota Statutes, Section 116J.993, subdivision 3, clause (17), is met and the financial assistance being provided by the Authority to the Redeveloper does not constitute a business subsidy under the Minnesota Business Subsidy Law, Minnesota Statutes, sections 116J.993 to 116J.995. Therefore, the Redeveloper will not be required to enter into a business subsidy agreement with respect to such assistance. Section 10.9. Effect of Termination of Agreement. In the event that this Agreement is terminated pursuant to any provision hereof, including, without limitation, Sections 3.7, 4.2(a), 9.2 or 10.9, or by court order, all provisions hereof shall terminate except that the Redeveloper's representations and agreements under Section 2.2, Section 3.4 (with respect to costs incurred prior to such termination) and Section 8.2 and the Authority's representations under Section 2.1 shall survive such termination for a period of one (1) year and any cause of action arising hereunder prior to such termination shall not be affected during such one-year period. Section 10.10. Cooperation and Fair Dealin~. (a) The Authority shall reasonably cooperate with and assist the Redeveloper in achieving the redevelopment contemplated by this Agreement, including in connection with the securing of such approvals of governmental units as may be legally required. (b) Actions, consents and approvals required to be given by the terms of this Agreement shall not be unreasonably withheld, conditioned or delayed and the parties hereto shall in all matters act reasonably and in good faith. Section 10.11. Estoppels. Upon the reasonable request of the Redeveloper and at Redeveloper's expense, the Authority shall provide to the Redeveloper, or to such party as directed by the Redeveloper, its certificate evidencing the effectiveness of this Agreement and, assuming the same be true, that the Redeveloper is not in default of any of its terms. Section 10.12. Unavoidable Delay. Whenever under the terms of this Agreement an action is required upon a specified date or within a specified period, the obligation to perform in accordance therewith shall be subject to Unavoidable Delay. 33 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF HOPKINS By By OPUS NORTHWEST, LLC By Its: STATE OF MINNESOTA) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2007, by and , the and of the Housing and Redevelopment Authority In and For the City of Hopkins, a public body politic and corporate, on behalf of the Authority. Notary Public STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of _, 2007, by , the of Opus Northwest, LLC, a Delaware limited liability company, on behalf of the company. Notary Public 34 SCHEDULE A Description of Redevelopment Property Parcel A: Parcel B: Parcel C: SCHEDULE B Description of Joint Use Property SCHEDULE C Form of Phase Note $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN HOUSING AND REDEVELOPMENT IN AND FOR THE CITY OF HOPKINS LIMITED REVENUE TAX INCREMENT NOTE (OPUS CORPORATION NORTH ANNEX PHASE NOTE NO. ---> The Housing and Redevelopment Authority In and For the City of Hopkins, Minnesota (the "Authority"), hereby acknowledges itself to be indebted and, for value received, promises to pay to the order of Opus Northwest, L.L.C., a Delaware limited liability company, or its permitted assigns (the "Owner"), solely from the source, to the extent and in the manner hereinafter provided, the principal amount of this Note, being Dollars ($ ) (the "Principal Amount"), together with interest thereon at the rate of percent ( %) per annum (the "Rate") said amount to be paid commencing on 1, 200 , and continuing on each February 1 and August 1, thereafter to and including February 1, 20_. (the "Scheduled Payment Dates"). Interest shall accrue from and after issuance of this Note, shall be added to principal on August 1, 20_ and shall thereafter be paid semi-annually. The term of this Note shall continue until the entire Principal Amount of and interest under this Note have been paid or until , 20_, whichever is earlier. Interest shall be computed on the basis of a 360-day year of twelve (12) 30-day months. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at its postal address within the United States which shall be designated from time to time by the Owner. The Note is a special and limited obligation and not a general obligation of the Authority, which has been issued by the Authority pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes~ Section 469.178, subdivision 4, to aid in fmancing a "project", as therein defined, of the Authority consisting generally of defraying certain public redevelopment costs incurred and to be incurred by the Authority within and for the benefit of its Redevelopment Project No.2 (the "Project"). TillS NOTE IS NOT A DEBT OF THE CITY OF HOPKINS OR THE STATE OF MINNESOTA (THE "STATE"), AND NEITHER THE CITY, THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE ON THE NOTE, NOR SHALL TillS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN THE AVAILABLE TAX INCREMENT, AS DEFINED BELOW. The Scheduled Payment of this Note due on any Scheduled Payment Date is payable solely from and only to the extent of Available Tax Increment, which consists of a portion of the real property taxes received as tax increment by the Authority with respect to the Authority's Tax Increment Financing District No. 2-11. Available Tax Increment, with respect to each Scheduled Payment Date, shall have the meaning given to such term in that certain Redevelopment Agreement between the Authority and the Owner dated as of , 2006 (the "Contract"). If on any Scheduled Payment Date there is available to the Authority insufficient Available Tax Increment to pay all amounts due on such date, the amount of such deficiency shall be added to principal on such date. This Note is one of a series of notes issued or to be issued pursuant to the Contract, which additional notes have been or will be issued on a parity basis with this Note. Available Tax Increment shall on each Scheduled Payment Date be paid on a pro-rata basis on each note issued under the Contract based upon the relative outstanding principal amount of such notes. The Authority shall pay on each Scheduled Payment Date to the Owner the Available Tax Increment. Payment shall be first applied to accrued interest and then to the Principal Amount. If not terminated sooner pursuant to the terms of this Note or the Contract, on February 1, 20_, the Authority's payment obligations under this Note shall terminate and this Note shall no longer be an obligation of the Authority. This Note shall not be payable from or constitute a charge upon any funds of the Authority, and the Authority shall not be subject to any liability hereon or be deemed to have obligated itself to pay hereon from any funds except Available Tax Increment, and then only to the extent and in the manner herein specified. The Owner shall never have or be deemed to have the right to compel any exercise of any taxing power of the Authority or of any other public body, and neither the Authority nor any director, commissioner, council member, board member, officer, employee or agent of the Authority, nor any person executing or registering this Note shall be liable personally hereon by reason of the issuance or registration hereof or otherwise. This Note shall not be transferable or assignable, in whole or in part, by the Owner without the prior written consent of the Authority, which consent shall not be unreasonably withheld or delayed. This Note is issued pursuant to Resolution _ of the Authority and is entitled to the benefits thereof, which resolution is incorporated herein by reference. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the Authority outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Authority to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the Housing and Redevelopment Authority In and For the City of Hopkins, by its Board of Commissioners, has caused this Note to be executed by the manual signatures of the and the of the Authority and has caused this Note to be dated , 200_. REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the Authority, in the name of the person last listed below. Date of Registration Registered Owner Opus Northwest, L.L.C. Federal Tax I.D. #: Signature of Executive Director , , December 2006 Update to the May Updated Alternatiye Urban Areawide Review for the Excelsior Crossings Office Development Hopkins, Minnesota City of lIopkins For 10-Day Review December 5, 2006 through December 18, 2006 Prepared By RLK Incorporated 6110 Blue Circle Drive, Suite 100 Minnetonka, MN 55343 Tel 952-933-0972 Fax 952-933-1153 www.rlkinc.com City of Hopkins 1010 Fi rst Street South Hopkins, MN 55343-9475 Tel 952-935-8474 Fax 952-935-1834 www.hopkinsmn.com I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS Page No. DECEMBER 2006 UPDATED AUAR 1. Project Title........ ............................................................ ........ ........ ...................................... ........... ....... 2 2. Proposer ......................................................................... ..... .................................................................... 3 3. RGU ........................................................................................................................................................ 3 4. Reason for AUAR Preparation ....... .... ......... ...... ........ .... ...... .......... .......... .......................... ..... ...... ...........3 5. Project Location...................................................................................................................................... 3 6. Description................................................................................................................... ...........................3 7. Project Magnitude Data........................................................... ...............................................................6 8. Permits and Approvals Required..... .................... ................................................................................... 6 9. Land Use......................................... ....................................... .................................................................7 10. Cover Types................................................................................................... ......................................... 7 11. Fish, Wildlife and Ecologically Sensitive Resources .............................................................................8 12. Physical Impacts on Water Resources ................... ................................................................................. 8 13 . Water Use.... ............................. ...... ............ ...................... ...................................................................... 9 14. Water-Related Land Use Management District................. ..... ........... .....................................................9 15 . Water Surface Use.................................................................................................................................. 9 16. Erosion and Sedimentation ............. ........................................................................................................ 9 17 . Water Quality: Surface Water Runoff .................................................................................................... 9 18. Water Quality: Wastewaters................ ...... ..... ..................................................................................... .11 19. Geologic Hazards and Soil Conditions ........... ...................... ................................................................13 20. Solid Wastes, Hazardous Wastes, Storage Tanks .................................................................................13 21. Traffic................................................................................................................................................... 14 22. Vehicle-Related Air Emissions............ ................................................................................................ .16 23. Sanitary Source Air Emissions ............ ................... .................... .............. ............................ ............... .16 24. Odors, Noise and Dust................................................................................................................... ...,... 16 25. Sensitive Resources .............................................................................................................................. 17 26. Adverse Visual Impacts....................................................................................................................... .17 27. Compatibility with Plans............................... .................. .................................................................... .17 28. Impact on Infrastructure and Public Services .......................................................................................18 29. Cumulative Impacts.............................................................................................................................. 18 30. Other Potential Environmental Impacts ............ ....................................... .............. .... .... ......... ..............19 31. Summary or Issues.......................... .......................... ............................................................................ 19 RGU Certification....... ........................ ........................ ................... ............................................................ .20 MITIGATION PLAN (No Change) December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page i December 1, 2006 I I I I I I I I I I I I I I I I I I I APPENDIX (Figures/Attachments) USGS Map... ................ .......................................... ............ ........ ....................................................... Figure 1 City of Hopkins Map.... .......................................... ............ ........... ............................................. ....... Figure 2 AL T A Land Title Survey....................................... ............ ..... ...... .................................................... Figure 3 Preliminary Site Plan.................................................................... ..................................................... Figure 4 Proposed Grading, Drainage and Erosion Control Plan ................................................................... Figure 5 December 2006 Update to the May 2006 Updated AUAR Traffic Impact Study.................... Attachment A December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page ii December 1, 2006 I I I I I I I I I I I I I I I I I I I Version 2/99 - editorial corrections May, 05 DECEMBER 2006 UPDATE TO THE MAY UPDATED ALTERNATIVE URBAN AREAWIDE REVIEW FOR THE EXCELSIOR CROSSINGS OFFICE DEVELOPMENT Notes to Reviewers: Comments on this December 2006 Update To The Updated Alternative Urban Areawide Review For The Excelsior Crossings Office Development (December 2006 Update) should be submitted to the City of Hopkins, the Responsible Governmental Unit, during the 10-working day comment period following publication or receipt of this December 2006 Update as provided in Minnesota Rules. This is an update to a previously approved AUAR. Notice of the December 2006 Update was published in the EQB Monitor on December 4, 2006. State agencies and the Metropolitan Council have 10 working days after receipt of this December 2006 Update to deliver comments to, or to file an objection with, the City. State agencies and the Metropolitan Council may file objections only if the agency or the Metropolitan Council has evidence that the revised document contains inaccurate or incomplete information relevant to the identification and mitigation of potentially significant environmental impacts or that the proposed plan for mitigation will be inadequate to prevent potentially significant environmental impacts from occurring. Persons not entitled to object may submit comments suggesting changes in the December 2006 Update to the City during the 10-working day comment period following notice of publication of the December 2006 Update in the EQB Monitor This comment period ends on December 18,2006. December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 1 December 1, 2006 I I I I I I I I I I I I I I I I I I I Introduction.: On May 16, 2006, the Hopkins City Council approved the Updated Alternative Urban Areawide Review And Updated Mitigation Plan For The Excelsior Crossings Office Development (May Updated AUAR). The May Updated AUAR studied a project that included 685,000 square feet (SF) of office space and 6,000 SF of retail space for a total development encompassing 691,000 SF. Since that approval, strong demand for office space in Excelsior Crossings has caused the developer, Opus Northwest, L.L.C. (Opus), to propose to the City of Hopkins (City) that an additional 55,000 SF of office space be added to Excelsior Crossings. This represents an eight percent increase in office space from the 685,000 SF studied in the May Updated AUAR. This December 2006 Update To The Updated Alternative Urban Areawide Review And Updated Mitigation Plan For The Excelsior Crossings Office Development (December 2006 Update) considers the potential environmental impacts of adding 55,000 SF to Excelsior Crossings. Opus does not propose any other significant changes to Excelsior Crossings (Project) or its 31-acre site. Background: This December 2006 Update to the May Updated AUAR is the third environmental review undertaken on this site. In addition to the May Updated AUAR completed and approved earlier this year, most of this site was the subject of the Medica Corporate Office Development Alterative Areawide Review approved by the City on August 21, 2001 (Medica AUAR). The Medica AUAR, the May Updated AUAR, and the resolutions approving both are on file at the City. December 2006 Update to the AUAR: This December 2006 Update will only study changes in potential environmental impacts, alternatives, and mitigative measures, stemming from the additional 55,000 SF of office space proposed by Opus. Hence, the December 2006 Update is a supplement to the May Updated AUAR in which each of the 31 AUAR questions was answered in detail. The preparation of this December 2006 Update has been completed according to guidance prepared by the Environmental Quality Board (EQB) and is based on the directive of Minnesota Rules 4410.3610, subp. 4. The responses in this December 2006 Update are numbered based on the items listed in the standard Environmental Assessment Worksheet (EA W) form. When an EA W item is not applicable to an AUAR, it is so stated. All figures are located together in the Appendix that follows the Updated AUAR text. The AUAR questions have also been updated to be consistent with the current EQB list of questions for an AUAR dated April 2005. 1. Title. An appropriate descriptive title for the geographical area of the A UAR should be chosen. A December 2006 Update to the May Updated AUAR published April 6, 2006, and approved May 16,2006. Project title Excelsior Crossings Office Development (Project) Hopkins, Minnesota December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 2 December 1, 2006 I I I I I I I I I I I I I I I I I I I 2. Proposer Contact person Title Address City, state, ZIP Phone Fax E-mail 3. RGU Contact person Title Address City, state, ZIP Phone Fax E-mail Opus Northwest, L.L.C. David J. Menke Vice President-Real Estate Development 10350 Bren Road West Minnetonka, MN 55343 952-656-4565 952-656-4529 dave.menke@opuscorp.com ,-: City of Hopkins Nancy S. Anderson, AICP City Planner 1010 First Street South Hopkins, MN 55343-9475 952-935-8474 952-935-1834 nanderson@hopkinsmn.com 4. Reason for EA W preparation. This December 2006 Update was prepared because Minnesota Rules 4410.3600, subp. 7C., requires updating an AUAR when "total development within the area would exceed the maximum levels assumed in the environmental analysis document. " 5. Project location County Hennepin Part of Northwest ~ Southwest % City/Township Hopkins Section ~ Township 117 Range 21 Attach each of the following to the A UAR: . USGS Map; (Figure 1) . City of Hopkins map; (Figure 2) . ALTA Survey. (Figure 3) . Preliminary Master Site Plan (Figure 4) The Project location for the December 2006 Update study area lie in the east/northeast portion of the City, in the northeast quadrant ofTH 169 and Excelsior Boulevard or County State Aid Highway 3 as shown in Figures 1 and 2 (Project Site). Figure 3 is an AL T A Land Title Survey of the Project Site. The 31-acre Project Site is comprised of two parcels - a 28-acre tract located between Excelsior Boulevard and Second Street NE (Main Parcel), and a 3-acre tract located north of Second Street NE (Chimney Parcel), which is shown in Figure 4. The Project Site has not changed from the one studied in the May Updated AUAR. 6. Description. Instead of the information called for on the form, the description section of an A UAR should include the following elements for each major development scenario included: anticipated types and intensity (density) ofresidential and commercial/warehouse/light industrial development throughout the A UAR area: infrastructure planned to serve development (roads, sewers, water, stormwater system, etc.) Roadways intended primarily to serve as adjoining land uses within an A UAR area are December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 3 December 1, 2006 I I I I I I I I I I I I I I I I I I I normally expected to be reviewed as part of an A UAR More "arterial" types of roadways that would cross an A UAR area are an optional inclusion in the A UAR analysis: if they are included, a more intensive level of review, generally including an analysis of alternative routes is necessary. Information about the anticipated staging of various developments, to the extent known and of the infrastructure and how the infrastructure staging will influence the development schedule. Important Note: Every A UAR document MUST review. one or more development scenarios based on and consistent with the RGU's Comprehensive Plan in effect when the A UAR is officially ordered (This is equivalent to reviewing the "no-build" alternative in an EIS.) If an RGU expects to amend its existing Comprehensive Plan, it has the options of deferring the start of the A UAR until after adopting the amended plan or reviewing developments based on both the existing and amended comprehensive plans; however, it cannot review only a development based on an expected amendment of the existing plan. Also, the rules require that one or more development scenarios analyzed must be consistent with known development plans of property owners within the A UAR area. The RGU must assure that the development described complies with the requirements of 4410.3610, subpart 3 (and also that it properly orders the AUAR and sets the description in that order as required by 4410.3610, subpart 3). Provide a project summary of 5 0 words or less to be published in the EQB Monitor. Excelsior Crossings Office Development has an approved May Updated AUAR for 685,000 SF of office space and 6,000 SF of retail space. The developer proposes to change the project by adding approximately 55,000 more office square footage, an increase of eight percent in office space compared to the May Updated AUAR approved earlier this year. The project totals for the December 2006 Update to the May Updated AUAR are 740,000 SF of office and 6,000 SF of retail. a. Proposed Excelsior Crossings Office Development Opus intends to construct approximately 746,000 SF of development on the 28-acre Main Parcel, including three office buildings totaling approximately 740,000 SF and one, free-standing retail building at 6,000 SF. Project uses may include a hotel and medical manufacturing and research and development uses. The 3-acre Chimney Parcel north of Second Street NE will be used for a regional stormwater basin and open space, as well as continued snow placement by the City during the winter months. The Preliminary Master Plan (Figure 4) shows the pffice buildings grouped around a central plaza and water feature, which also doubles as a stormwater basin. The buildings will be up to seven stories in height and will be designed to create a general office campus. The single-story retail building stands just north of the Project's main entrance from J ackson Avenue, north of Excelsior Boulevard. The plan will incorporate landscape features and an integrated trail system to promote a strong, convenient connector to the regional trails. Significant open space comprised of landscape features and plantings are planned to create a development meeting the development goals and requirements of Opus, the City, and other regulating agencies. The Project will have approximately 3,064 parking stalls, for a parking ratio of 4.1 stalls per 1,000 SF. This is 64 more spaces than proposed in the May Updated AUAR. The parking spaces will be provided in garages below the buildings, in surface parking areas, and in the parking December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 4 December 1, 2006 I I I I I I I I I I I I I I I I I I I ramps around the perimeter of the three buildings. The ramps may have up to three structural levels. See Figure 4. This is one more level than proposed in the May Updated AUAR. Opus proposes to locate the main entrance at the southeast corner of the Project Site, where it will form the fourth leg of the Jackson Avenue and St. Louis Street intersection. This entrance matches the May Updated AUAR and the plan in the Medica AUAR. The secondary access is on Second Street NE, about half way between Monroe Avenue and the TH 169 overpass, and will allow ingress and egress to both the east and west along Second Street NE. The alley serving the four buildings currently located along Jackson Avenue will continue to connect to Second Street NE on the north and to Jackson Avenue on the east. At Jackson Avenue, the alley will also provide access to a parking lot for the Project and for the 6,000 SF retail. See Figure 4. The secondary and alley access points are the same as in the May Updated AUAR. The Excelsior Boulevard and Jackson Street roadway improvements detailed in the Medica AUAR have been constructed by the City and Hennepin County. There are no major offsite roadway improvements under consideration or determined to be necessary for the Project to proceed. Please see the response to Question 21 and Attachment A - December 2006 Update to the May 2006 Updated A UAR Traffic Impact Study for more detailed information on the expected traffic impacts of the Project. The City has previously identified the Project Site's Main Parcel for redevelopment to an office or office/showroom-type use. In 2000, the City rezoned the property to the Business Park (BP) classification from a General Industrial (1-2) category. The City also initiated a Comprehensive Plan change for the property from Industrial to Business Park. This Comprehensive Plan change was approved by the Metropolitan Council in 2001. In June of 2006, the project area was rezoned to a Planned Unit Development (PUD). The redevelopment of the 28-acre Main Parcel from a warehouse and distribution land use to an office campus is consistent with the goals and objectives of the City, the current zoning designation, and the City's Comprehensive Land Use Plan. Utilization of the 3-acre Chimney Parcel north of Second Street NE as a regional stormwater pond and open space amenity will enable the Project to meet the water quality and rate control requirements of the City and Minnehaha Creek Watershed District (Watershed District) and the City's open space requirement. A regional pond may also alleviate some of the current flooding in the Project's immediate vicinity. b. Infrastructure Planned To Service The Development No change to the May Updated AUAR. c. Development Schedule And Phasing Preparation of a complete PUD site plan application and this December 2006 Update are under review at this time by the City. Approval of the site plan development package is planned for January 2007, after approval of this December 2006 Update. Approval of the PUD site development package by the City will require concurrence by the Watershed District, Hennepin County, and the Minnesota Department of Transportation (MnDOT), the latter having plat review authority only. All City approvals will be conducted through the public approval process, which will allow adjacent property owners to learn about and participate in discussions regarding the Project as the design is refmed during the winter of 2006/2007. December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 5 December 1, 2006 I I I I I I I I I I I I I I I I I I I Demolition of the structures on the Project Site began in November of 2006. Grading of the Project Site will begin subsequent to the completion of the building demolition. It is anticipated two office buildings will be included in the fIrst phase of construction. The third office building will be phased based on market-driven tenant agreements. The grading, surface parking, associated storm sewer design, and utility services may be phased to occur in conjunction with the requirements of each building. However, the stormwater ponds and connecting pipes, as well as the main entrance road, secondary access road and central roadway loop serving buildings B and C, will be constructed with the first phase of development. 7. Project magnitude data. The cumulative totals of the parameters called for should be given for each major development scenario, except that information on "manufacturing, " other industrial, " "institutional, " and "agricultural". The A UAR has no changes from the EA W form, except that the information should be given for each major development scenario. Total project acreage: 31.0 Acres :!: Number of residential units: unattached N/ A attached N/ A maximum units per building N/ A Commercial, industrial or institutional building area (grossfloor space): total square feet 746.000 SF a. Proiect Changes from May Updated AUAR to the December 2006 Update: · Office space will increase by 55,000 SF. The office square footage is 740,000 versus 685,000. · The impervious coverage will be reduced 2%, from 75% to 73%, for the 31-acre site. · There will be 64 more parking spaces - 3,064 versus 3,000, an increase of two percent. . The parking ramps will have two levels above ground rather than one level above ground. b. Maior Changes In The Immediate Vicinity No change to the May Updated AUAR. Indicate areas of specific uses (in square feet): Office 740.000 SF Retail 6.000 SF Warehouse NA Light industria( NA Other commercial (specify) Manufacturing NA Other industrial NA Institutional NA Agricultural NA A hotel and medical manufacturing and research and development uses may be built depending on market demand but the expected square footage cannot be accurately estimated at this time. Building height Office building at up to seven stories; retail building at one story; parking ramps at up to three levels above grade. If over 2 stories, compare to heights of nearby buildings. No change to the May Updated AUAR. 8. Permits and approvals required. A listing of major approvals (including any comprehensive plan amendments and zoning amendments) and public financial assistance and infrastructure likely to be required by the anticipated types of cJ,evelopment projects should be given for each major December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 6 December 1, 2006 I I I I I I I I I I I I I I I I I I I development scenario. This list will help orient reviewers to framework that will protect environmental resources. The list can also serve as a starting point for the development of the implementation aspects of the mitigation plan to be developed as part of the A UAR. No change to the May Updated AUAR. 9. Land use. No changes from the EA W form. Describe current and recent past land use and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas pipelines. No change to the May Updated AUAR. 10. Cover types. In A UAR the following information should be provided instead: a. cover type map. at least at the scale of a USGS topographic map, depicting: - wetlands - identified by type (Circular 39) - watercourses - rivers, streams, creeks, ditches - lakes - identify protected waters status and shore land management classification - woodlands - breakdown by classes where possible - grassland - identify native and oldfield - cropland - current development b. an "overlay" map showing anticipated development in relation to the cover types; this map should also depict any "protection areas, " existing or proposed, that will preserve sensitive cover types. Separate maps for each major development scenario should generally be provided. Estimate the acreage of the site with each of the following cover types before and after development: Cover Type Medica AUAR May December 2006 Updated AUAR Update Before After Before After Before After Type 1-8 wetlands 0 0 0 0 0 0 Wooded/forest 0 0 2.15 0.65 2.15 0.65 Brush! grassland 0 0 0.85 0.60 .85 0.60 Cropland 0 0 0 0 0 0 Lawn/landscaping 1.0 8.8 1.10 4.00 1.10 4.62 Impervious surfaces 27.6 18.7 26.90 23.25 26.90 22.63 Other (stormwater 0 1.1 0 2.50 0 2.50 ponds) Total 28.6 28.6 31.00 31.00 31.00 31.00 If Before and After totals are not equal, explain why: Not applicable. The Project Site, including both the Main Parcel and the Chimney Parcel, is currently 86.8% December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 7 December 1, 2006 I I I I I I I I I I I I I I I I I I I impervious. There has been no change from the May Updated AUAR in the existing impervious conditions, except that the roadway dedication and construction as part of the Excelsior Boulevard and Jackson Street improvements has been completed. The entire Main Parcel has been altered from its natural state and has been an industrial use for the past 50+ years. The existing level of development on the Main Parcel has eliminated any natural or sensitive cover types. Opportunities to restore green areas using cover types of grasses, landscaping, and ponds will be identified on the plans. The proposed plan, which increases landscaped areas slightly, will result in approximately 73% of the Project Site being impervious compared to 75% in the May Updated AUAR and the 70% impervious in the Medica AUAR. No protection areas for sensitive cover types exist, except for the regional trail on the west and south sides of the Project Site. The Chimney Parcel is pervious except for the bituminous trail along the west boundary. The parcel has been altered from natural conditions by filling, which presumably occurred to place a rail line through the property. Prior to or concurrent with the placement offill, the existing ditch was excavated which conveys water through the Chimney Parcel to the north. The unpaved portion of the Chimney Parcel used for snow storage does not have significant vegetation other than weeds. An Application for Exemption for Constructed Ditch to remove a portion of the constructed ditch within the Chimney Parcel for the regional pond construction has been submitted to the U.S. Army Corps of Engineers and the Watershed District and approved by both agencies. The ditch has been identified as an Incidental Wetland by the Watershed District, and as such will be exempt under the Wetland Conservation Act. The demolition permit has been received and the Project Site is permitted for the ongoing building demolition. 11. Fish, wildlife and ecologically sensitive resources. a. The description of wildlife and fish resources should be related to the habitat types depicted on the cover types maps (of item 10). Any differences in impacts between development scenarios should be highlighted in the discussion. No change from the May Updated AUAR published April 6, 2006, and approved May 6, 2006. b. For an A UAR, prior consultation with the DNR Natural Heritage program for information about reports of rare plant and animal species in the vicinity is required If such consultation indicates the need, an on-site habitat survey for rare species in the appropriate portions of the A UAR area is required Areas of on-site surveys should be depicted on a map, as should any Hprotection zones" established as a result. Describe measures to minimize or avoid adverse impacts. No change from the May Updated AUAR. 12. Physical impacts on water resources. The information calledfor on the EAW form should be supplied for in any of the infrastructure associated with the A UAR development scenarios, and for any development expected to physically impact any water resources. Where it is uncertain whether water resources will be impacted depending on the exact design of future development, the A UAR should cover the possible impacts through a Hworst case scenario" or else prevent impacts through the provisions of the mitigation plan. December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 8 December 1, 2006 I I I I I I I I I I I I I I I I I I I No change from the May Updated AUAR. 13. Water use. If the area requires new water supply wells, specific information about that appropriation and its potential impacts on groundwater levels should be given; if groundwater levels would be affected, any impacts on other resources should be addressed No change from the May Updated AUAR. 14. Water-related Land Use Management Districts. Such districts should be delineated on appropriate maps and the land use restrictions applicable in those districts should be described If any variances or deviations from these restrictions within the A UAR area are envisioned, this should be discussed No change from the May Updated AUAR. 15. Water surface use. This item need only be addressed if the AUAR area would include or adjoin recreational water bodies. No change from the May Updated AUAR. 16. Erosion and sedimentation. The number of acres to be graded and number of cubic yards of soil to be moved need not be given; instead, a general discussion of the likely earthmoving needs for development of the area should be given, with an emphasis on unusual or problem areas. In discussing mitigation measures, both the standard requirements of the local ordinances and any special measures that would be added for A UAR purposes should be included No change from the May Updated AUAR. 17. Water quality: sutface water runoff. For an AUAR, the following additional guidance ~hould be followed in addition to that in "EA W Guidelines. " it is expected that an A UAR will have a detailed analysis of stormwater issues; a map of the proposed stormwater management system and of the water bodies that will receive stormwater should be provided; the description of the stormwater systems would identify on-site and "regional" detention ponding and also indicate whether the various ponds will be new water bodies or converted existing ponds or wetlands. Where on-site ponds will be used but have not yet been designed, the discussion should indicate the design standards that will be followed ifpresent in or adjoining the AUAR area, thefollowing types of water bodies must be given special analyses; lakes: within the Twin Cities metro area, a nutrient budget analysis must be prepared for any upriority lake" identified by the Metropolitan Council. Outside of the metro area, lakes needing a nutrient budget analysis must be determined by consultation with the AfPCA and DNR staffs; trout streams: if stormwater discharge will enter or affect a trout stream, an evaluation of the impacts on the chemical composition and temperature regime of the stream and the consequent impacts on the trout population (and other species of concern) must be included . December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 9 December 1, 2006 I I I I I I I I I I I I I I I I I I I a. Compare the quantity and quality of site runoff before and after the project. Describe permanent controls to manage or treat runoff. Describe any stormwater pollution prevention plans. (1 ) Existing Conditions No change from the May Updated AUAR. (2) Proposed Stormwater Management System in the Original AUAR No change from the May Updated AUAR. (3) Proposed Conditions On the Main Parcel, the Project consists of a number of proposed buildings, structured parking facilities, paved surface parking lots, driveways, sidewalks and trails, and ponds; these hard surfaces cover approximately 22.63 acres, which means 83% of the main parcel will be impervious after construction. Approximately 5.3 7 acres, or 19%, of the Main Parcel will be pervious, with both turfed and landscaped areas. On the Chimney Parcel, the pond will cover 0.9 acres, or 30% of the parcel. Therefore, of the total 31-acre Project Site, when turf and stormwater ponds and remaining open space are calculated, 73 % of the Project Site will be impervious area. This complies with the City Zoning Code. As part of the Project, a system of four ponds and piping will be designed and constructed to meet Watershed District requirements and NURP standards. Stormwater runoffwill be routed through the Main Parcel, receiving a portion of the required treatment and detention within the four ponds. After cycling through the ponding system on the Main Parcel, stormwater runoff will be piped beneath Second Street NE into a regional pond that is to be constructed over a portion of the existing ditch on the Chimney Parcel. A conceptual storm sewer and pond system layout is illustrated on Figure 5, Proposed Grading, Drainage, and Erosion Control Plan. It shows the following main features: . Pond 1, an isolated basin at the northwest corner of the Main Parcel, will be constructed to treat and detain the runoff from the surface of the northwest ramp. Pond 1 will discharge via a pipe beneath Second Street NE into the proposed regional pond. Some infiltration is expected. . Pond 2 will be located at the northeast comer of the Main Parcel. Pond 2 will detain the discharge from Pond 3 and the surface of the northeast parking structure prior to discharging it into the proposed regional pond via a storm sewer. Some infiltration is expected. . Pond 3 will be located along Excelsior Boulevard and will detain runoff from the paved surfaces of the Project Site and surface runoff from the southwest ramp. Pond 3 will drain within 24 hours into Pond 2 via piping for storm events up to and including the 100-year storm event. Some infiltration is expected. . Pond 4, a central water feature, will treat and provide detention for the rooftop runoff from the office buildings. Treate,d roof runoff from Pond 4 will routed to Pond 3 via piping. This pond will be lined, and infiltration is not expected. The proposed regional pond will provide the remaining required treatment and detention for the Project that is not provided already in the four ponds on the Main Parcel. As required by the City, the maximum allowable discharge from the ponds during a 100-year, 24-hour storm event is 0.5 cfs per acre, or 14 cfs for the Main Parcel. Based on the proposed Site plan and drainage design, discharge outlet flows from the proposed regional pond for the 100-year storm event will meet the 14 cfs allowable maximum discharge rate requirement. December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 10 December 1, 2006 I I I I I I I I ,I I I I I I I I I I I The regional pond has been designed to address water quality for runoff from the four properties adjacent to Jackson Street while still meeting the 0.5 cfs per acre rate control limit. However, because runoff from these lots flows directly into the public streets, there may still be some localized flooding until the four sites are developed. When these lots are redeveloped, drainage can be piped to the regional pond without expanding the pond. Based on the preliminary design, the regional pond also provides approximately 2.8 acre- feet of additional treatment and detention capacity for off-site properties. A stormwater model was developed for the proposed conditions utilizing the HydroCAD program. Results of the proposed conditions model are included in the Preliminary Drainage Report. (4) Compliance With MPCA. City. And Watershed Requirements No change from the May Updated AUAR. (5) Advantages Of Proposed System Over Existing Conditions And Original AUAR. No change from the May Updated AUAR. b. Identify routes and receiving water bodies for runoff from. the site; include major downstream water bodies as well as the immediate receiving waters. Estimate impact of runoff on the quality of receiving waters. No change from the May Updated AUAR. 18. Water quality: wastewaters. Observe the following points of guidance in an AUAR: only domestic wastewater should be considered in an A UAR---industrial wastewater would be coming from industrial uses that are excluded from review through an A UAR process; wastewater flows should be estimated by land use subareas of the A UAR area; the basis of the flow estimates should be explained; the major sewer system features should be shown on a map and the expected flows should be identified; if not explained under item 6, the expected staging of the sewer system construction should be described; the relationship of the sewer system extension to the RGU's comprehensive sewer plan an (jor metro area A UARs) to Metropolitan Council regional systems plans, including MUSA explanations, should be discussed For non-metro area A UARs, the A UAR must discuss the capacity of the RGU's wastewater treatment system compared to the flows from the A UAR area; any necessary improvements should be described; if on-site systems will serve part of the A UAR, the guidance in "EA W Guidelines" (pages 16- 17) should be followed a. Describe sources, composition and quantities of all sanitary, municipal and industrial wastewater produced or treated at the site. There is no change to the May Updated AUAR, except for a minimal increase in the proposed wastewater flows, as noted below. The public sanitary sewer and wastewater treatment facilities are adequate to handle the projected flows. December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 11 December 1, 2006 I I I I I I I I I I I I I I I I I I I Wastewater generated by the Project is expected to be entirely domestic sewage. The site is estimated to add 6,252 gallons per day over the flow projected in the May Updated AUAR. The estimated maximum potential daily wastewater flow volume from the site is 85,214 gallons. This estimate is based on the methods outlined in the Service Availability Charge (SAC) Procedures Manual (Metropolitan Council Environmental Services, 1996). One SAC unit equals 274 gallons of maximum potential daily wastewater flow volume. Wastewater volume was estimated based on the following SAC criteria: TOTAL PROJECT: Office Buildings and Retail 746,000 SF -7- 2,400 SF per SAC = 311 SAC TOTAL PROJECT DAILY WASTEWATER DEMAND: 311 SAC x 274 Gallons per SAC = 85..214 Gallons per Dav The Medica AUAR projected a total daily wastewater demand of 68,500 Gallons per Day. The May Updated AUAR projected a total daily wastewater demand of 78,900 gallons. Wastewater flows from the existing warehouse facility no longer discharging into the public sanitary sewer system were as follows: Warehouse 421,700 SF / 7,000 SF per SAC = East Buildings 31,000 SF / 7,000 SF per SAC = TOTAL ESTIMATED PAST DAILY DEMAND 60 SAC 3 SAC 63 SAC NET ADDITIONAL DAILY WASTEWATER DEMAND: 311 SAC - 63 SAC = 248 SAC x 274 Gallons per SAC = 67,952 Gallons per Day b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment. Identify receiving waters, including major downstream water bodies, and estimate the discharge impact on the quality of receiving waters. If the project involves on- site sewage systems, discuss the suitability of site conditions for such systems. No change from the May Updated AUAR. c. If wastes will be discharged into a publicly owned treatment facility, identify the facility, describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes, identifying any improvements necessary. No change from the May Updated AUAR. d If the project requires disposal of liquid animal manure, describe disposal technique and location and discuss capacity to handle the volume and composition of manure. Identify any improvements necessary. Describe any required setbacks for land disposal systems. No change from the May Updated AUAR. 19. Geologic hazards and soil conditions. A map should be included to show any groundwater hazards identified A standard soils map for the area should be included December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 12 December 1, 2006 I I I I I I I I I I I I I I I I I I I a. Approximate depth (in feet) to ground water: 17 minimum, to bedrock: Not encountered minimum 20 average, Not encountered average Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. No change from the May Updated AUAR. . b. Describe the soils on the site, giving NRCS (SCS) classifications, if known. Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils. Discuss any mitigation measures to prevent such contamination. No change from the May Updated AUAR. 20. Solid wastes, hazardous wastes, storage tanks. For "a", generally only the estimated total quantity of municipal solid waste generated and information about recycling or source separation programs of the RGU need to be included. No response is necessary for "b". For uc", potential locations of storage tanks associated with commercial uses in the A UAR should be identified (e.g. gasoline tanks at service stations). There is no change from the Updated AUAR, except for an incremental increase in the amount of municipal solid waste and recycling based on the increase in the proposed office square footage. a. Describe types, amount and compositions of solid or hazardous waste. (1) Construction Wastes No change from the May Updated AUAR. (2) Operational Wastes No change from the May Updated AUAR. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimize or eliminate the waste, discharge or emission. No change from the May Updated AUAR. c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum products or other materials, except water. Describe any emergency response containment plans. No change from the May Updated AUAR. 21. Traffic. For most AUAR reviews a relatively detailed traffic analysis will be needed, especially if there is to be much commercial development in the A UAR area or if there are major congested December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 13 December 1, 2006 I I I I I I I I I I I I I I I I I I I roadways in the vicinity. The results of the - traffic analysis must be used in the response to item 22 and to the noise aspect of item 24. Instead of responding to the information calledfor in item 21, thefollowing information should be provided: a description and map of the existing and proposed roadway system, including state, regional, and local roads to be affected by the development of the A UAR area. This information should include existing and proposed roadway capacities and existing and projected background (i.e., without the AUAR development) traffic volumes; trip generation data -trip generation rates and trip totals-for teach major development scenario broken down by land use zones and/or other relevant subdivisions of the area. The projected distributions onto the roadway system must be included; analysis of impacts of the traffic generated by the A UAR area on the roadway system, including: comparison of peak period total flows to capacities and analysis of Levels of Service and delay times at critical points (if any); . a discussion of structural and non-structural improvements and traffic management measures that are proposed to mitigate problems; Note: in the above analyses the geographical scope must extend outward as far as the traffic to be generated would have a significant effect on the roadway system and traffic measurements and projections should include peak days and peak hours, or other appropriate measures related to identifying congestion problems, as well as ADTs. Parking spaces added: Existing Parking spaces per May Updated A UAR Estimated total average daily traffic generated: Estimated maximum peak hour traffic generated (if known) and time of occurrence: Approximately 64 spaces Estimated to be 3,000. 8,396 trips 7:00-8:00 AM:, 1,153 trips 4:30-5:30 PM: 1,116 trips Due to an increase in site-generated traffic, a December 2006 Updated AUAR Traffic Impact Study to the updated May AUAR Traffic Impact Study was completed. See Attachment A in the appendix. This updated study identifies changes in the roadway system around the project site, calculates expected trip generation and distribution, sets forth the current and projected roadway levels of service, and discusses mitigation measures for the Project. a. Traffic Analysis The May 2006 AUAR assumed 2006 and 2020 as design years. New trip generation estimates were conducted to reflect the change in proposed land use. Tables 21-1 and 21-2 include the trip generation estimates for the current December 2006 and previous May 2006 site plans, respectively. Table 21-3 details the increase in site-generated trips. December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 14 December 1, 2006 I I I I I I I I I I I I I I I I I I I Table 21-1 Current December, 2006 AUAR Trip Generation Estimates!' Land Use ITE Size AM AM PM PM Code Enter Exit Enter Exit General Office 710 740,000 s.f. 1,009 138 187 915 Specialty Retail 814 6,000 s.f. 4 2 7 9 Less shared trips2. 0 0 -1 -1 Total New Trips 1,013 140 193 923 Assumed for Analysis 1,153 1,116 1. Data from Trip Generation. 7th Edition, published by the Institute of Transportation Engineers. 2. Per Trio Generation Handbook. 2nd Edition. published by ITE. Weekday Total 8,147 266 -17 8,396 Table 21-2 Previous Ma iT, 2006 AUAR Trip Generation Estimates!' Land Use ITE Size AM AM PM PM Code Enter Exit Enter Exit General Office 710 680,000 s.f. 927 126 172 842 Specialty Retail 814 9,000 s.f. 6 4 11 14 Less shared trips2. 0 0 -1 -1 Total New Trips 933 130 182 855 Assumed for Analysis 1,063 1,037 1. As documented in the April 2006 Traffic Impact Study prepared by RLK. Weekda y Total 7,487 399 -20 7,865 Table 21-3. Trip Generation Estimate Increase from Previous May, 2006 to Current Dec., 2006 AUAR Sites AM Enter I AM Exit PM Enter I PM Exit Weekday Total +80 I +10 +11 I +68 +90 +79 +531 By comparison, the December, 2006 Update is anticipated to generate 8% more AM peak hour trips, 8% more PM peak hour trips, and 7% more daily trips than the previously approved May AUAR site. The actual proposed increase in square footage for the site is 8%. Year 2020 conditions were reestablished by accounting for other development planned for the Project area and by assuming an annual background traffic growth of 1.0%. The "other development" planned for the area included projects already approved or considered likely to proceed by the City. These other developments would add background traffic to area roadways. Please refer to the December 2006 Updated AUAR Traffic Impact Study for the complete list of these other developments assumed to contribute to background traffic growth. Analysis comparing traffic impacts from the currently proposed land uses in the December, 2006 AUAR to the previously proposed land uses ine the May, 2006 AUAR for the "Excelsior Crossings Office Development" site has been completed to determine if the increase in land use density will create impacts beyond those determined in the May, 2006 AUAR. Results of the analysis indicate that no further roadway mitigation beyond that suggested in the May, 2006 AUAR is necessary. December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 15 December 1,2006 I I I I I I I I I I I I I I I I I I I b. Mitigation Measures The following mitigation measures, as suggested in the previous May Updated AUAR are proposed for the current December 2006 Update at the S1. Louis Street/Site Access and Jackson Avenue intersection: · Restriping of the southbound approach to extend the left turn storage bay length from 7 S feet to 120 feet. · Design of the onsite eastbound approach to include a lOS-foot right turn storage bay. Based on Figure 11, this suggestion is already part of the Project design. · Installation of a traffic signal when warranted. · Adjustment of signage and striping on the northbound approach to create dual left turn lanes and shared through/right turn lane. This measure should be completed concurrently with installation of the traffic signal. · Hennepin County should modify signal system timing to ensure safe operations throughout the study area network. 22. Vehicle-related air emissions. The guidance provided in "EA W Guidelines" should also be followed for an A UAR. Mitigation proposed to eliminate any potential problems may be presented under item 21 and merely referenced here. Estimate the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. c. CO Analysis No change from the May Updated AUAR. 23. Stationary source air emissions. This item is not applicable to an A UAR. Any stationary air emissions source large enough to merit environmental review requires individual review. No change from the May Updated AUAR. 24. Odors, noise and dust. Will the project generate odors, noise or dust during construction or during operation? !&I Yes ON 0 If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) Dust, odors and noise. Dust, odors and construction noise need not be addressed in an A UAR, unless there is some unusual reason to do so. The RGU might want to discuss as part of the mitigation plan, however, any dust control or construction noise ordinances in effect. If the area will include or adjoin major noise sources a noise analysis is needed to determine if any noise levels in excess of standards would occur, and if so, to identify appropriate mitigation measures. With respect to traffic-generated noise, the noise analysis should be based on the traffic analysis of item 21. December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 16 December 1, 2006 I I I I I I I I I I I I I I I I I I I No change from the May Updated AUAR. 25. Sensitive resources. Archeological. historic. and architectural resources. For an A UAR, contact with the State Historic Preservation Office is required to determine whether there are areas of potential impacts to these resources. If any exist, an appropriate site survey of high probability areas is needed to address the issue in more detail. The mitigation plan must include mitigation for any impacts identified Prime or unique farmlands. The extent of conversion of existing farmlands anticipated in the A UAR should be described. If any farmland will be preserved by special protection programs, this should be discussed Designated varks. recreation areas. or trails. If development of the A UAR will interfere or change the use of any existing such resource, this should be described in the A UAR The RGU may also want to discuss under this item any proposed parks, recreation areas, or trails to be developed in conjunction with development of the A UAR area. Scenic views and vistas. Any impacts on such resources present in the A UAR should be addressed This would include both direct physical impacts and impacts on visual quality or integrity. "EA W Guidelines: contains a list of possible scenic resources (page 20). Nearby resources. Are any of the following resources on or in proximity to the site? Archaeological, historical or architectural resources? D Yes ~ No Prime or unique farmlands or land within an agricultural preserve? D Yes ~ No Designated parks, recreation areas or trails? ~ Yes D No Scenic views and vistas? D Yes ~ No Other unique resources? D Yes ~ No If yes, describe the resource and identify any project-related impacts on the resource. Describe any measures to minimize or avoid adverse impacts. No change from the May Updated AUAR. 26. Adverse visual impacts. If any non-routine visual impacts would occur from the anticipated development, this should be discussed here along with appropriate mitigation. Will the project create adverse visual impacts during construction or operation? Such as glare from intense lights, lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? Yes X No If yes, explain. No change from the May Updated AUAR. 27. Compatibility with Plans. The A UAR must include a statement of certification from the RGU that its comprehensive plan complies with the requirements set out at 4410.3610. subpart 1. The AUAR document should discuss the proposed A UAR area development in context of the comprehensive plan. If this has not bee done as part of the responses to items 6,9,18,21 and others, it must be addressed here; a brief synopsis should be presented here if the material has been presented in detail under other items. Necessary amendments to comprehensive plan elements to allow for any of the development scenarios should be noted If there are any management plans of any other local, state, or federal agencies applicable to the AUAR area, the document must discuss the compatibility of the plan with the various development scenarios studied, with emphasis on any incompatible elements. Is the project subject to an adopted local comprehensive plan, land use plan or regulation, or other December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 17 December 1, 2006 I I I I I I I I I I I I I I I I I I I applicable land use, water, or resource management plan of a local, regional, state or federal agency? -X_Yes _No. If yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will be resolved If no, explain. In)une 2006, the City approved the PUD zoning district for the Project Site, rezoning it from the previous B-P District. Otherwise, there is no change from the May Updated AUAR. 28. Impact on infrastructure and public services. This item should first of all summarize information on physical infrastructure presented under other items (such as 6, 17, 18 and 21). Other major infrastructure or public services not covered under the other items should be discussed as well -- this includes major social services such as schools, police, fire, etc. The RGU must be careful to include project-associated infrastructure as an explicit part of the A UAR review if it is to exempt from project-specific review in the future. Will new or expanded utilities, roads, other infrastructure or public services be required to serve the project? X Yes _No. If yes, describe the new or additional infrastructure or services needed (Note: any infrastructure that is a connected action with respect to the project must be assessed in the EA W; see EA W Guidelines for details.) a. Utility and Drainage Infrastructure No change from the May Updated AUAR. b. Roadway Infrastructure No change from the May Updated AUAR. c. Other Public Services No change from the May Updated AUAR. 29. Cumulative impacts. This item does not require a response for an A UAR with respect to cumulative impacts of potential developments within the A UAR boundaries, since the entire A UAR process is intended to deal with cumulative impacts from related developments within the A UAR area; it is presumed that the responses to all items on the EA W form encompass the impacts from all anticipated developments within the A UAR area. However, the questions of this item should be answered with respect to the cumulative impacts of development within the A UAR boundaries combined with past, present, and reasonably foreseeable future projects outside of the A UAR area, where such cumulative impacts may be potentially significant. (As stated on the EA W form, these cumulative impact descriptions may be provided as part of the responses to other appropriate EA W items, or in response to this item). Minnesota Rule 4410.1700, Subpart 7, item B requires that the RGU consider the "cumulative potential effects of related or anticipatedfuture projects" when determining the needfor an environmental impact statement. Identify any past, present or reasonably foreseeable future projects that may interact with the project described in this EA W in such a way as to cause cumulative impacts. Describe the nature of the cumulative impacts and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate item(s) elsewhere December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 18 December 1, 2006 I I I I I I I I I I I I I I I I I I I on thisform). This Updated AUAR analyzed cumulative impacts under each question. This December 2006 Update also identifies mitigation measures to address potential cumulative impacts under each question. Two of the key areas of concern for cumulative impacts - stormwater management and traffic - illustrate this cumulative impact analysis. The Updated AUAR Traffic Impact Study and this December 2006 Update focus on the current traffic volumes and a 20-year projection. Not only were current traffic counts completed at nearby intersections, but the City requested that the traffic analysis account for known or anticipated development in the vicinity of the Project. Items such as the redevelopment of Hopkins Honda at Fifth and Main Streets and a dozen more redevelopment sites were reviewed as having been built. The background traffic for the 2006 baseline analysis was adjusted and the anticipated developments were added. The December 2006 Update Traffic Impact Study includes baseline counts, projected redevelopment trips, and an annual growth factor in addition to the Project traffic. The results identify the anticipated traffic volumes, and mitigation measures are recommended to manage the forecast traffic level~. The addition of trips to coincide with the additional 55,000 of office have been studied and the results indicate acceptance levels of service for the model intersections, which are comparable to the May Updated AUAR. The storm water response analysis shows the same cumulative analysis. Stormwater runoff flows from both the Project Site and surrounding areas that flow to the Chimney Parcel are all considered in the Preliminary Drainage Report and this December 2006 Update. The stormwater management system design handles the runoff from the Main Parcel and provides additional storage in the regional pond to detain and treat additional flow from outside the Project Site. 30. Other potential environmental impacts. If applicable, this item should be answered as requested by the EA W form. If the project may cause any adverse environmental impacts not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. No change from the May Updated AUAR. 31. Summary of issues. The RGU may answer this question as asked by the form, or instead may choose to provide an Executive Summary to the document that basically covers the same information. Either way, the major emphasis should be on: potentially significant impacts, the differences in impacts between major development scenarios, and the proposed mitigation. Do not complete this section if the EA W is being done for EIS scoping; instead, address relevant issues in the draft Scoping Decision document, which must accompany the EA W List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigation measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. a. Proiect Site Contamination No change from the May Updated AUAR. December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 19 December 1, 2006 I I I I I I I I I I I I I I I I I I I b. Stormwater Management Due to a slight decrease in impervious area on the Project Site, the storm water management system will have slightly more excess capacity to address both runoff rate and water quality treatment. c. Traffic The Project will generate an estimated 8,396 average daily trips. The December 2006 Updated AUAR Traffic Impact Study and this Updated AUAR demonstrate that the current roadway system can accommodate those trips at acceptable levels of service with the following mitigation measures: · Restriping of the southbound approach to the Project main entrance to extend the lef:t turn storage bay length from 75 feet to 120 feet. · Design of the onsite eastbound approach to the Project main entrance to include a 105- foot right turn storage bay. · Installation of a traffic signal at the Project main entrance when warranted. · Adjustment of signage and striping on the northbound approach to the Project main entrance to create dual left turn lanes and shared through/right turn lane. (This measure should be completed concurrently with installation of the traffic signal.) · It is suggested that Hennepin County monitor the signal to ensure optimal timing and coordination within the network. d. Increased Water and Sanitary Sewage Demands Because the Project includes eight percent more office square footage, increased water and sanitary sewer demands are anticipated. The public wastewater piping system has capacity for the Project. The analysis has been done to identify any required improvements to the public water system. Certification by the RGU. In an A UAR document, no certifications as listed at the end of the EA W form are necessary. (The RGU is legally responsible for the accuracy and completeness of the document and for properly distributing it nonetheless). Not required for AUAR. Mitigation Plan. The final A UAR document must include an explicit mitigation plan. At the RGU's option, a draft plan may be include in the draft A UAR document; of course, whether or not there is a separate item for a draft mitigation plan, proposed mitigation must be addressed through the document. It must be understood that the mitigation plan in the final document takes on the nature of a commitment by the RGU to prevent potentially significant impacts from occurring from specific projects, It is more than just a list of ways to reduce impacts-it must include information about how the mitigation will be applied and assurance that it will. Otherwise, the A UAR may not be adequate and/or specific projects may lose their exemption from the individual review. The RGU's final action on the A UAR must specifically adopt the mitigation plan; therefore, the plan has a "political" as well as a technical dimension. December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 20 December 1, 2006 I I I I I I I I I I I I I I I I I I I No change to the Mitigation Plan to the Updated Alternative Areawide Review for the City of Hopkins Regarding the Excelsior Crossings Office Development that was also adopted by the City on May 16, 2006. Response to comments on the draft A UAR document The final A UAR document must include a section specifically responding to each timely and substantive comment on the draft that indicates the way in which the comment has been addressed Similar comments may be combinedfor purposes of responding. Not applicable to an AUAR Update. Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at the Administration Department. For additional information, worksheets or for EA W Guidelines, contact: Environmental Quality Board, 658 Cedar St., St. Paul, lvlN 55155,651-296-8253, or http://www.eqb.state.mn.us G:\EQB\ENREVIEW\AUARformat.doc December 2006 Update to the Updated Alternative Urban Areawide Review for Excelsior Crossings - Hopkins, Minnesota Page 21 December 1,2006 I I I . I . . . '. . I I I I . . . I I APPENDIX FIGURES AND ATTACHMENT December 2006 Update to the Updated Alternative Urban Areawide Review Excelsior Crossings Office Development - Hopkins, Minnesota I I I I I I I I I I I I I I I I I I I FIGURE 1 USGS MAP December 2006 Update to the Updated Alternative Urban Areawide Review Excelsior Crossings Office Development - Hopkins, Minnesota I I I I I I ~~$t"I.I"'. .'. 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"'~' 1;'1!"i;~.-.. ': \'- " .. :J ) . "C, .J~...~E . '. ~ ,_ .;_ _,..=_ l! . ""J. ''''''-'');'' , ,., " J \ ="J " I .N " , "'!.::.i 'l~.~--- -~~I- J1 ~11!~}...,a,':"9;;J/ ~~II~~~':. .., NORTH _ _~ ~ /;\., e> 1" --t- ':,1:: . 0 i3' 1 ~'!I Y . ' .'.:l l. \ o. ,.. 11 ~ OPUS OFFICE DEVE HOPKINS MNLOPMENT USGS MAP I @ 2006 RLK INC. I I I II I (f) t:> (f) I; w /' a::: It N /' 0' ;: Ii o I (!J I~ -l FIG. 1 2006032M 3/15/06 I I I I I I I I I I I I I I I I I I I FIGURE 2 CITY OF HOPKINS MAP December 2006 Update to the Updated Alternative Urban Areawide Review Excelsior Crossings Office Development - Hopkins, Minnesota 6 R\.K ,"C. -< ~ ~ Z ~ ~ p S ~ ~ ST. LOL1lS p.A.RK \ ~ t -< ~*./.. 7'""" - ~ <{-- .. 1 q <",/ ~ o /" ' ? i~7~ \ RZZ~ \ Z;l!i\2.5 < .~ "- "'" -< ~ ~ ~ ~ ~ }u.N'NETONK.A Duluth, MN Ham Lake, MN J..bbbillg, MN Minnetonki>, MN Phone: 9529330972 Far.: 952933 1153 .....ww.(lkillc-com EXCELS\OR CROSS\NGS HOPK\NS. MN erN Of HoPK\NS MAP F\ G. 2 2006032\& 4/6/06 I I I I I I I I I I I I I I I I I I I FIGURE 3 ALTA LAND TITLE SURVEY December 2006 Update to the Updated Alternative Urban Areawide Review Excelsior Crossings Office Development - Hopkins, Minnesota I, the undersigned roglstered land surveyor, hereby certify to Of)us Northwest, L.L C. a Delaware limited liability company, and Commercial Partners Tille, LLC, thot, as of the date hereon, this mop 01 .urvey occurately and truly represen" the resull, 0' 0 field .urvey mad. under my dlre~t1on ond mode In accordance with th. "MinImum Standard Detail Requirements for AL TA/ACSM Land Title Surveys" Jolnlly established and adopted by the Amerloon Land TIlle Assoclotoon, the Notional SocIety of Professional Surveyor. Qnd 'he American Congress on SurvlYlng ond Mopping In 2005 ond Includes Items " 2, J, 4, !, 6, 7(0). 8. 9, 10, lI(b), 13 and 14 of Table A, that this mop of survey meets tne accuracy requirements as defined therC!Iln, and that the .aid mop of survey correctly or'ld accurately ahowl ond depict. (0) th. boundary and location of the perimeter of the property by coursu and distances, (b) 011 easements affecting the property a. relerenced In the t.Ue commitment supplied, whether ben.flUng or b1,lrdenln9 some, ond rI9hts-of-way and ex"tlng utility lines whether recorded oa referenced In the title cammltmenl supplied, or dllclo..d by Q vlloble physical InspectlQn of the property, (c) the boundarl.. of all public and prlvote etreets abultlnv the property and the width. thereof, (d) encroachments onto the property and any and all eot.menls oppertolrung th.,reto ond the extent thereof I" feet ond Inches of'td 011 encroachments by qny buildings, structures or Improvement, locoted on the property onto ony las,menta and ont~ property adjacent 1hereto, (e) 011 buildings. structures ond ImprovementJ ond other physlcol motters by dlstonce. to the perimeter of th. property, (t) that there exist. meana of Ingr'I' and ogrell to and from the property ond (9) the loco lion of the boundarl.. o( any tOO-year flood hazord boundary level at defined by the curr,nt F'ed.rol Emergency Mal"lQC)ement Agency mop of the area Doted thll 17th day of January, 2006 SUNDE LAND SURVEYINC, LLC, By --______________________________________1 Scott J, Soukup, R,L.$, Mlnn, Rev No, 17256 NO. 3 \ AREAS' TRACT A ~ 132,167 Sq n or 3,034 Acres TRACT 8 - 975,287 Sq F't or 22390 Acree (does not Include Detail ()reo) DET AIL ~ 828 SQ n TRACT C - 214.996 Sq n '" 4.938 Acres TOTAL AREA ~ 1.323.27e Sq. rt or JO.378 Aern - - - - IN I I I ~ .....-.... ~ - ...., ,--------- I ; I I I I / I / I I / I I I I I I I I I I I / I I I I I I PROPERTY DESCRIPTION 1 (Per CO/TImerclal Portner, Title, LLC as agent for Lawyer. Title Insurane, Corporotlon Commitment for Title Inauronce rde No 25B?1 Second Supplement, doled August 31, 2005) Tract A, Lot 1, ehock 1. VAlU ADDITION. according to the recorded plot thereof. Hennepin County, Minnesota Torrens Property Torrens CerlUlcote No 801994 Troct B Parcel 1: Tract. A, Band C, Registered Land Survey No 1465, Hennepin County, MInnesota, e)lcept 'hot portion of Troct. A and e lying Southerly 0' the Northerly right-of-way llne of CQunty Road Number 3 as descflbed In F'lnol Certificate Document Number 1584165, and eweept1ng furlke, those ports of SOld Troct. A, 8 and C shown os Porcel No. 29A, ~9S, 29C, 29D, 29E ond 2gr on City of Hopkins Righi of WQY Plot No 1, Hennepon County. Mlnnesolo Porcel 2. Lots 3, 4, ~, 6, 7, e, 9 and 10, Block 13, WEST MINNEAPOLIS CENTER, e'cepl that part 01 eold Lots 3, 4, ~. 6 and 7 shewn os Pore.1 34B on City of Hopkins Right of Way Plat No 1. Hennepin County, ~Innlttoto Torrens Property Torrens Certificate No 1110134 Tract C Porcel 1. Lots 1 and 2, Slack 13, YotST MINNEAPOLIS CENTER, e,cept thot port of sold Lot. shown os Parcel 34C on City 01 Hopkin. Rlgh I of Woy Plot No I; 411 of vacated North ond South 011.)' I" sold Slack 13 lying between the Westerly ..tension acroll It of the North line of sold Lot I and the Sout"w.sterly evtenslan aerosa U of the Southeasterly line of laid Lot 1j A/I 01 tho Northea.t ond Southwest vacated olley In Block 13 I}'ng between the Northerly e,ten.lon acrou It of the Eosl /lne of sold Lot 2, In sold Black 13 and Ihe West /lne 01 ~ol 7 In sold Slack 13. WEST MINNEAPOLIS CENTER, Hennep," CQl.Jnty, Mlnnesola. Parcel 2. Lois 14 and 1~ elCcept Ihe EQlt 16 feel 0' Lots 14 and 15. Lots 16 throug'" 26, In elUSIve, Block ., WEST MINNEAPOLIS CENTER, Hennepon County, Minnesota ~orcel 3' Thol port of vacaled Monroe Avenue, dedicated In WEST MINNEAPOLIS CENTER, lying betwun Ihe Westerly e,lanslon J;~:o~~ ~Io~t ti;, ~or~:I~ln:'ot.f :~~::t 4ih~s:~:rr~a:he~::f L:~o~~U~~w~~~~~r ~;:e2~o~ ::d03:~t o~f ~~~ :rU~~::i~:r'y Right 01 Way Plot No 1: Thai pori 01 vacQted Flr.t Street North, dedlcolad in YotST MINNEAPOLIS CENTER, lying be'...en the Southerly ..tensions oeross II of the W.,t /lne of the Ea.t 1600 feel 0' Lot 14 and !he We.t /lne of Lol 14 In Block 4, M:ST UINNEAPOLIS ctNTER, Hennepin County, t.Alnnes9ta. THIRO AOO/T'/ON "'1/) ""11'1~' VA,yHSY PII~StJlJSAC/f --------------1 I I I I I I I I I I I I I I I I I I I I I ~ I I ~ I I ~ I I ~ I _.J L_____ ,,/' -?; PIl(')pnnv nr~r.RIPnnN 1 (~nl'll \, (Per CommerclQI PQrtners Title, LLC 0$ ogenl for Lawyers Title Insurence CarporQllon Commitment for Title Insurance rile No. 2~871 Second Sijpplement, doted August 31, 200~) Trocl C (cont.): Poreal 4: A Troct of land comprising a port of the former rI9ht-o'-wOY of BurUn910n Railroad Company In the Northwest Quarter 0' the Southweet Quarter 0' Section 19, Town.hlp 117, Range 21, Hennepin County, Mlnn.,olo; 0 port of Lot. I, 2 and 3, Slock 9, YotST MINNEAPOLIS CENTER: a part of vocoted rlrst Street North: ond on undeelgnolad triangular tract In YotST MINNEAPOLIS CENTER adjolnlnv Ih. North /lne of rlr.t Street North and the Wo.t /lno of Adam, Avenue, all dtlcrlbed OS follows: Beginning at the Inter.ectlon 01 the Westerly line of Tract A, REGISTERED LAND SURVEY NO, 1465, riles of Registrar of Titles, Counly of Hennepin. with the South line Of the North 18000 'eet of laid Northwllt Cuart.r 0' the Southw..t Quort,r: thence on on ollumed bearing of South 89 degrees 35 minutes 39 seconds We.t olong aald South III'" 0 distance of 9729 feet; thence South 20 degr.ee 22 minute. 42 second. West a dl.tanee 0' 153,29 feet; thence Southerly 410.71 feet olonV 0 tongentlol curv. eoncove to \he Eo.t, having 0 radius 01 ~~:.~~ ~I~~~ o;,d vii:S\e'llr~~;r'~L1~' C~~:Ee~re.".;'\d 4~e~~~;e~n~1 b~~~~n~~u:~ ~hoe d~~~~~~y i~ne of ~i"~~~~n~~ ~....~n:~O~ee~al~o~.I\~~I:~I~~ ~f d~:t~~~~ng~, ~;.1~e f~:~thth~~e~el~~~~e~l~ ~3~~:' feet olong 0 non-tangentlal curve concave to th, Eoet hO"'''9 Q rodlu. 924 93 feet, 0 centrol angle of 9 degrees 31 mlnut.. 03 ISconds ond 0 chord whleh beore Soulh II degreee 21 mlnutee 21 lI~onde Ealt to the Eosterly line of sold Block 9: thence Northerly olang eald ~~~:~rl~01l~~g~::I'~4 e~I~~~~; ~~ ~~~o~~~t~:~:t~~n~n:OI~f ~~~~h~O:;::I:'I?~:-t~i~:ypo\~fn;: beginning, Hennepin County. Mlnntloto. Pareel 5, Thai PQrl of vacoted Adorns Avenue, dedlcoted In YotST I.IINNEAPO~IS CENTER, lying SOijttterly of 'he Southeasterly IIno of former rI9ht-o'-wqy of Burllnlilton Norther" Railroad Company and ~E~~~~~E~ ~~~OfO~~;~y d~~~rl~..:!:I~~.n:eet~~:~~'~~e~~y. o7'o~~t t~:rt~e[~~I~:~n~~ f~. Troct 0, Northeoeterly line of sold Tract D 0 diet once of 6.17 leet: thence Northwe.terly alonV a tonventlol ~urve \0 the right having 0 rodlu. of 92493 r..t 10 the West line of vacated Adams Avenue and t"'.re terminating. Hennepin County, Mlnne.oio. Torren. Prop.rty Torr'nl Certificate No. 1 tl01J~ 120 - rEEl . OENOTES SET IRON MONUMENT R,L,S, NO, 17256 UNLESS NOTES OTHERWISE SEt SHEtTS 1 THRU 4 rOR ADDITIONAL SURVEY NOTES. LEGEND, TOPO, UTILITY AND LDCA TION INrORMA nON 60 PR(')Pj:'RTY nr~CRIPTION ., (Per Commercial Partner, Title, LLC 01 <:Igen' 'or l.awyers Tille Insurance Corporotlon Commitment for Title Insuronce rile No 26289 rlrst Supplemenlol, effective dote December 31, 2005) Lot 11, 12 and 13. and the Eooterly 18 teet of Lots 14 ond 1~, Block 4. WEST MINNEAPOLIS CENTER. Honnepln County. Minnesota Abstract Property JV COVNTy "OAf) CBRO-SII';I'lI'C DeCO C8RC~SI0'S4'5J.. M.AS ,-g'JI'UJ.OCCO /' r,,9'JI'Z6. MEAS < R" 924 9J '-, L"ISJ 7S "'!AS /_ISJ 61 oeeo ~ ~ . ~, J.. ~'t ~ ~-=~ --~- .." lIJ o. ~ AUAR BOUNDARY ------- PID /9f1121/JOI02 ASM fO/llPMfNr 41 SUPPL y JJJ 2NO 57 Ne 2 o LOT o '\ o ~ \) - - - - - - - - - - - - - 60 0 ~ SCALE I / I I I I / / I / m /- I~ /;0 1m IVJ I Ill)>Z ~j;S c!l ;lJm m g" ~5 i!l~ :0;-< _Ill ;, ;, 8 Q. -a'E ~ S [- (eonL) - I I I I I I I I I I I I I I I I I I I FIGURE 4 PRELIMINARY SITE PLAN December 2006 Update to the Updated Alternative Urban Areawide Review Excelsior Crossings Office Development - Hopkins, Minnesota ~ ~ f ~ ~ ~ rn (~I)I o cO r-- ~: 6 z <5 ::::; W I- <( o ~ x u ~~~~ ~;8 f!ltj ~~~ Cl ti:i! ~3l t x JJ! ~ ii 'C .. Ci ci ..; c .c ~ i ~ o ~ CJ ~ o E ...0 " .<>-<: i~i ~~~ 0.0_ i:~~ . c,>oo ,2a;.<0 0.0. .. "." iit! ~Ei~ ~ti~ ~:J~: b~3o :e:i o ~ ~ CALL SITE NOTES MASTER SITE PLAN IS FOR A PROPOSED REVISION TO THE UPDA TED AUAR DOCUMENT AND IS ILLUSTRATIVE. MASTER PLAN HAS BEEN PREPARED BY OPUS AND RLK INC. TYPICAL FULL SIZE 90. PARKING STALLS WITHIN THE PARKING RAMP STRUCTURES ARE 8.5'x18' AND THE SURFACE PARKING STALLS ARE 9'x18' UNLESS OTHERWISE NOTED. IS PARKED AT 4 STALLS / 1000 SF SLOG Call 48 Hours before digging GOPHER STATE 01 TwIn Cities Area 851-454-0002 ..... Toll Free 1-800-252-1166 1.4 ACRE 4 SLOG TRACT ( I o D CJJ ji , I ~ i L-J Z iii ~ u ,~ i I I I I I I I I I I II iUi j ifl 11}* ,. --. '" ::::) e:L o (C+ 00 OZ C> W<( ~ ~-I 00 <(0.. &;0 ~ o..Q: 0lS :::>~ ~ 000 ~W<( ~ (f)~ urO -J o..Q: W 0<( o Q::J X 0..<( W Vl Z o in 5 w ~ IS PARKED AT 5 STALLS / 1000 SF SLOG 200 ~ FEET PARKING RAno o 4.1/1000 ~ '1 100 l IN o STAllS 0 STAllS -- 2,990 STALlSI 3.064 STALLS o ~ SCALE PARKING PROVIDED PARCEL S IS ZONED B-P. PARKING REQUIRED 840 STALLS 1,040 STALLS 1.080 STALLS 30 STALLS 2,990 STAllS BUILDING SUMMARY I USE CHART BUILDING # I BUILDING ~NG PARKING GRAND SO. FT. USE REQUIRED BUILDING A 210.000 SF OFFICE 260,000 SF OfFICE 270,000 SF OFtlCE 6,000 SF RETAIL 746,000 SF ~lf~L.t BUILDING AREA o Sf 746.000 OFFICE USE (4/1000). RETAIL USE (5/1000). THE 28 AC. PARa:L USE INS'TiTU'Ti'ONAL (CITY) COMMERCIAL (Of'flCE) SITE DATA CHART SITE AREA 132.167 SF 3.0 AC 1.219,985 SF BUILDING C CHIMNEY PARCEL MAIN TOTAL TWIN CITIES AND WESTERN RAILROAD ;:iE1 co ""('I 0 ....1") ...'- uo ...." 3~ ~, !fo 0 ('I ~ "" ~~ ;;: SF FIGURE 4 PLAN DATE: OCT. 17 2006 EXISTING TRAFFIC SIGNAL I I Ii !! I~ ~ ~ l:! If ~ ~ II i~ Iii ~} "0 I I I I I I I I I I I I I I I I I I I I I FIGURE 5 PROPOSED GRADING, DRAINAGE AND EROSION CONTROL PLAN December 2006 Update to the Updated Alternative Urban Areawide Review Excelsior Crossings Office Development - Hopkins, Minnesota '" .... '" U'l U'l z ::E i ~ c c ~ ~ u ..g (~ )1 ~ c( o o 10 " ~ Cl .... '" ~ o ~~g O-~ ~~] ~~1 itE c:.. .c :E CD Ci ci r.J c .c ~ i ~ II ~ 1)= li!!- lC Jj II V>> ::) D- O <Ct ~~~~ ..c C.r ~~... ~j~~ Q~x~ :::;; E ~~:5 ~i~ !~ ~ Q.o~ i.~~ . j~~{; Q.g..= ~~ fi ~~50 _ >.,...:t.! ~E].s t:t..m(f) 8i ~ 4J ~:J:J: ;~~o s;4J"CI; _ eo.g o ~ ~ iil (f) z o en 5 w ~ CALL CONTRACTOR SHALL FIELD VERIFY LOCATIONS AND ELEVATIONS OF EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO THE COMMENCEMENT OF SITE GRADING. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF DISCREPANCIES OR VARIATIONS FROM THE PLANS. THE SITE GRADING OPERATIONS, WHEN COMPLETED, SHALL RESULT IN ALL AREAS BEING GRADED TO "PLAN SUBGRADE ELEVATION". THIS "PLAN SUBGRADE ELEVATION" SHALL BE CONSISTENT WITH THE GEOTECHNICAL REPORT FOR BUILDING AND PAVEMENT AREAS. THE "PLAN SUBGRADE ELEVATION" IN THE PARKING LOT AND DRIVEWAY AREAS SHALL BE DETERMINED BY CHECKING THE PAVEMENT SECTION DETAILS AND REFERRING TO PAVING PLAN FOR LOCATIONS AND LIMITS OF VARIOUS PAVEMENT SECTIONS. ALL EXISTING UTILITY LOCATIONS SHOWN ARE APPROXIMATE. CONTACT "GOPHER STATE ONE CALL" (651-454-0002) FOR UTILITY LOCATIONS, 48 HOURS PRIOR TO EXCAVATION. CONTRACTOR SHALL STRIP, STOCKPILE AND RE-SPREAD SUFFICIENT TOPSOIL TO PROVIDE A MINIMUM 4 INCH DEPTH (COMPACTED) TO ALL DISTURBED AREAS TO BE SODDED OR SEEDED. ALL SPOT ELEVATIONS REPRESENT FINISHED SURFACE OR GUTTER LINE GRADES UNLESS OTHERWISE NOTED. Call 48 Hours before digging GOPHER STATE ONE Twin Cities Area 651-454-0002 MH. Toll Free 1-800-252-1166 REFER TO SITE PLAN FOR CURRENT HORIZONTAL SITE DIMENSIONS AND LAYOUT. GRADING NOTES - - - - -----u- ~ r EXISTING TOPOGRAPHY PROVIDED BY SUNDE LAND SURVEYING. 69 TOP NUT OF 2ND FIRE HYDRANT EAST OF HWY ON SOUTH SIDE OF 2ND ST. N.E. ELEVATION = 923.10 FEET BENCHMARKS BM #1.) TOP OF SPIKE IN 2ND POWER POLE SOUTH OF 2ND ST. N.E. ON WEST SIDE OF 1 ST ALLEY WEST OF JACKSON AVE. S. ELEVATION = 914.96 FEET 8M #2.) (f) oZ e" W<( Z I-.....J en <(Q. (f)z Oe" O:::eQ.Z 0:::.:::>_ ~ 0 -0<( o:::~ Wo::: ~ (f)e" -~O ~ Q.o::: W 0<( () 0::::::> X Q.<( W :::EI CD ....('.1 0 1-1"') ~"- ~g ~~ ~o "- 0..0 ...... ('.I ...... .... ~t() Ii: TOP NUT OF 1ST FIRE HYDRANT WEST OF JACKSON AVE. S. ON THE NORTH SIDE OF EXCELSIOR BLVD. ELEVATION = 925.45 FEET FIGURE 5 PLAN DATE: NOV. 27 2006 8M #3.) ELEVATIONS SHOWN ARE BASED ON MNDOT BENCHMARKS A2706 A1 AND 2706 A2 200 FEET ~ r 00 "l. IN o ~ SCALE e 2006 RLK INC. I I I I I I I I I I I I I I: I "' i Ii: i ~ ;g ~ ~ ~ i E~ 88 ..~ il ~! I I I I I I I I I I I I I II I I I I I I I I .. I I ATTACHMENT A DECEMBER 200T UPDATE TO THE MAY 2006 UPDATED AUAR TRAFFIC IMPACT STUDY December 2006 Update to the Updated Alternative Urban Areawide Review Excelsior Crossings Office Development - Hopkins, Minnesota I I I I I I I I I I I I I I I I I I I December 2006 Update to the May 2006 Updated AUAR Traffic Impact Study Excelsior Crossings Office Development (North Annex Site) Hopkins, MN November 27, 2006 Prepared For: , OPUS. i'H1U.I)UHl .ntvOHO< City of Hopkins 1010 First Street South Hopkins, MN 55343 Opus Northwest, LLC 10350 Bren Road Minnetonka, MN 55343 Prepared By: RLK Incorporated Minnetonka Office 6110 Blue Circle Drive, Suite 100 Minnetonka, MN 55343 952-933-0972 RLK Project No. 2006-032-M Creating extraordinary Communities ---- _.. -II . - 1.1 .... Ir .. _I ---.... .: . . ..... . ~iiiiI .- .. _. .- . '" RLK ( INCORPORATED ) "'-/ - _111- ...-- - ..I -- I- · .- · 111- II.. .- ~a:; ... .... . -- ..- -..... - .. . - -III. - .. . . I.. .--- III ....... 1II.,lJ. -- --..-.. -III -. --.II1II ....... .. . - .. _. III . II -_. --.. . ..-: .... .---.. .......;; . -- -. ...... --. .. _ .-:.l - ... -. -... - . -1..- - .... - ..- - "-. .... -. . ... II . . .. - - I I I . . . II~ - - - .. III -- . .. ..- III . .. -.I . II . .. .. -- .- .... III .. . :.. ... "-111.- ---. ... - -I . . .--.... ... - - .......- . ... -. . -. - ... .. ... -.-JJII8- .. - .......... - -- - .....- .. . . -. . . -. II1II - . L .. . -- . . . .. .. I I I I I I I I I I I I I I I I I I I Updated December ADAR Traffic Impact Study November 27, 2006 Introduction Background In early 2006, RLK prepared a Traffic Impact Study to be included as part of an Alternative Urban Areawide Review (AUAR) document for the City of Hopkins on behalf of developer Opus Northwest, LLC for a site to become the future "Excelsior Crossings Office Development." The Traffic Impact Study assumed the construction of approximately 680,000 square feet of general office space with approximately 9,000 square feet of supporting retail land use. The Excelsior Crossings Office Development AUAR was approved by the City of Hopkins on May 16th, 2006. The site has a history of potential development concepts. In fact, the May, 2006 AUAR was an update to an AUAR document prepared for the City of Hopkins on behalf of Medica, Inc. in 2001, proposing the construction of 600,000 square feet of corporate headquarters on the site. At that time, the site owned by SuperValu, Inc., was occupied by warehousing, and was known as the ''North Annex" site. The "Medica North Annex Site" AUAR was approved by the City of Hopkins in September, 2001. Medica did not proceed with the proposed corporate headquarters, and until November, 2006, the vacant SuperValu warehouse remained on the site. In early November, 2006, demolition of the vacant SuperValu North Annex warehouse began to prepare for construction of the Excelsior Crossings Office Development. As of mid November, for December, 2006 AUAR submission, the proposed square footage of the office land use for the site has been increased by 60,000 sJ. Under the current December, 2006 proposal, the AUAR site would include 740,000 square feet of general office space with 6,000 square feet of supporting retail land use. This change, which requires an update to the May, 2006 AUAR, resulted in the need for this Traffic Study. The May, 2006 Excelsior Crossings Traffic Impact Study is attached as Appendix A. The Medica Traffic Impact Study, part of the September, 2001 North Annex Site AUAR, is included as Appendix B. Protect Site The project site is situated in Hopkins, Minnesota, in the northeast quadrant of the interchange of Trunk Highway (TH) 169 and Excelsior Boulevard. The site is bounded on the east/southeast by Jackson Avenue, on the north by 2nd Street NE, on the south by Excelsior Boulevard and on the west by TH 169. Figure 1, "Vicinity Map," illustrates the site location within the Minneapolis/St. Paul metro area. Figure 2, "Study Area Roadway Network," shows the location of the site in greater detail, and notes the intersections within the updated AUAR study area roadway network (identical to those of the May 16th, 2006 AUAR Traffic Impact Study). All figures are included at the end of the study. Access to the site is proposed at three locations. The primary access is proposed to be the currently unused west leg of the existing St. Louis Street/Jackson Avenue intersection. Based on the results of this traffic study, a traffic signal is forecast to be warranted at this entrance. The second access (not forecast to warrant a traffic signal) is a proposed driveway onto 2nd Street NE, approximately 620 feet west of Jackson Avenue. Lastly, an entrance approximately 150 feet north of the primary entrance will serve primarily the onsite retail land use. Internal site roadways would connect the accesses to on-site surface and structured parking facilities. Figure 3, "Concept Site Plan," details the layout of the site and access locations. RLK Inc. Page 1 G \City of Hopkms\2006-032-M\]echmcal Data\Traffic\report\2006-11-14 Updated Site\Final TIS 11-27 v2.doc Dec 2006 Update to the Updated May 2006 AUAR Excelsior Crossings - Hopkins, MN I I I I I I I I I I I I I I I I I I I Updated December AUAR Traffic Impact Study November 27, 2006 Study Procedure The primary reasons for completing this Traffic Study Update are to verify whether the conclusions drawn in the May, 2006 AUAR Traffic Impact Study remain valid and to assess any additional impact resulting from the proposed increase in office square footage. The process to be used for this study will be similar to that utilized for the May, 2006 AUAR Update Traffic Impact Study. That study compared traffic operations of the proposed 680,000 s.f. office site with the traffic operations detailed in the 2001 Medica Traffic Impact Study. This report compares the operations of the proposed 740,000 s.f. office development with the operations described in the previously approved May, 2006 ADAR for the 680,000 s.f. office development plan. Where results forecast worse conditions than anticipated in the May, 2006 document, further roadway improvements or mitigation measures are suggested. Within this study, additional focus was placed on five items due to special request from the City and/or surrounding neighborhood. ~ Operations at the St. Louis Street/Jackson Avenue intersection as the primary site access intersection. ~ Vehicular queuing on Jackson Avenue between the primary site access and Excelsior Boulevard, as well as on Excelsior Boulevard between Jackson Avenue and the east Trunk Highway 169 Ramp intersection. ~ Investigation of ramp metering practices at the Excelsior Boulevard Trunk Highway 169 on- ramps. ~ Traffic calming and increased pedestrianlbicycle friendliness on 2nd Street NE/Minnetonka Mills Road. ~ Truck circulation within and around the site. Existin2: Traffic Conditions As described in the May, 2006 AUAR Update, the existing conditions of the nearby roadway system were documented by a field inventory conducted by RLK the week of February 6th, 2006. Data gathered in the field was supplemented with signal timing data from MnDOT, Hennepin County, and the City of Hopkins. Manual turning movement counts were conducted the same week from 7:00-9:00 AM and 4:00-6:00 PM to document existing Weekday AM and PM peak hour traffic volumes at all study area intersections. The 2006 existing traffic volumes are illustrated in Figure 4. No additional data was gathered for this Updated AUAR. No-Build Traffic Conditions Background Growth As described in the May, 2006 AUAR Update, several development projects in the vicinity of the site are slated for completion before the ultimate 2020 design year of this study. Growth in background traffic due to each of these developments was taken into account as part of the analysis. The specific developments accounted for, along with the number of trips generated, are summarized in Table 1. RLK Inc. Page 2 G:\City of Hopkins\2006-032-M'_ Technical Data'Traffic\report\2006-11-14 Updated Site\Final TIS 11-27 doc Dee 2006 Update to the Updated May 2006 AUAR Excelsior Crossings - Hopkins, MN I I I I I I I I I I I I I I I I I I I Updated December AUAR Traffic Impact Study November 27, 2006 Further detail on the nature of each of the developments is provided in a January 21 st memo by RLK and subsequent email correspondence from the City of Hopkins, included as Appendix D. Table 1. Off-Site Back round Develo ments and Tri Sizes and ITE Land Use Numbers 62 units; 230 4,500 s.f.; 820 data per A endix D data per A endix C data per A endix D Oak Ridge Area Condominiums 55 units; 230 24 28 322 Town and Country Dodge Site Potential 36 131 1,503 Redevelo ment 35,000 s.f.; 820 Ho kins House Condominiums 54 units; 230 24 28 316 Overall Total 246 .502 5,207 Note: Data from Trip Generation. 7th Edition, published by the Institute of Transportation Engineers, or as noted in Appendices. Development s Assumed PM Trips Total Daily Trips 33 363 17 193 50 510 135 1,500 80 500 AM Trips 28 5 SuperValu Warehouse Expansion 50 Knollwood Super Target Expansion 64 Hopkins School District Bus Depot 15 At the time of the existing traffic counts, the Knollwood Target (Free-Standing Discount Store) northwest of the intersection of TH 7 and Blake Road was closed for conversion to a Super Target (Free-Standing Discount Superstore). To account for trips lost due to the closure, the results of the 2004 Target traffic study completed for the proposed expansion by SRF Consulting Group, available in Appendix C, were utilized in calculating traffic attributable to the former site, which was added to the existing counts. In addition to the specific developments noted above in Table 1, a flat overall background growth rate of 1.0% annually was added to existing traffic volumes to achieve the 2020 No-Build volumes. Roadwav Improvements No further roadway improvements to the study area are anticipated; however one change to the possible light rail line has been identified. Current plans for the light rail line near the site envision a raised crossing over the Excelsior BoulevardlMilwaukee Street/Jackson Avenue intersection. (Figure 12, described later in the report, shows the potential path of the light rail line, along with the station nearest the site.) The 2020 No-Build Weekday AM and PM peak hour traffic volumes are shown on Figure 5. Build Traffic Conditions Trip Generation / Distribution / Assignment The number of new trips to be generated by the proposed development was estimated for the weekday AM and PM peak hours using the Institute of Transportation Engineers' (ITE) Trip Generation. ih Edition. Following the data and methodology in ITE's Trip Generation Handbook. 2nd Edition, a pass-by trip reduction is not considered. Shared trips between the office and supporting retail were assumed and RLK Inc. Page 3 G:\City of Hopkins\1006-032-M\ _Technical Data\Traffic\report\2006-11-14 Updated Site'Final TIS 11-27 .doc Dec 2006 Update to the Updated May 2006 AUAR Excelsior Crossings - Hopkins, MN I I I I I I I I I I I I I I I I I I I Updated December AUAR Traffic Impact Study November 27,2006 amount to between 1 % and 50/0 of the total number of retail trips, depending on the peak period. Table 2A summarizes the trip generation estimates for the current December, 2006 AU AR proposed site: Table 2A. Current December, 2006 AUAR Trip Generation Estimatesl. L dU ITE SIZ. e AM AM PM PM an se Code Enter Exit Enter Exit General Office 710 740,000 s.f. 1,009 138 187 915 Specialty Retail 814 6,000 s.f. 4 2 7 9 Less shared tripsz. 0 0 -1 -I Total New Trips 1,013 140 193 923 Assumed for Analysis 1,153 1,116 1. Data from Trip Generation. 7th Edition, published by the Institute of Transportation Engineers. 2. Per Trip Generation Handbook. 2nd Edition, published by ITE. Weekday Total 8,147 266 -17 8,396 Table 2B provides a summary of the trip generation estimates for the previous May, 2006 AUAR site: Table 2B. Previous Ma , 2006 AUAR Trip Generation Estimatesl. Land Use ITE Size AM AM PM PM Code Enter Exit Enter Exit General Office 710 680,000 s.f. 927 126 172 842 Specialty Retail 814 9,000 s.f. 6 4 11 14 Less shared tripsz. 0 0 -1 -1 Total New Trips 933 130 182 855 Assumed for Analysis 1,063 1,037 1. As documented in the April 2006 Traffic Impact Study prepared by RLK. Weekda y Total 7,487 399 -20 7,865 Table 2C shows the increase in number of trips estimated for the site from the May, 2006 AUAR to the December, 2006 AUAR: Table 2C. Trip Generation Estimate Increase from Previous May, 2006 to Current Dec., 2006 AUAR Sites AM Enter I AM Exit PM Enter I PM Exit Weekday Total +80 I +10 +11 ~ +68 +90 +79 +531 By comparison, the current December, 2006 AUAR proposal is anticipated to generate 8% more AM peak hour trips, 8% more PM peak hour trips, and 7% more daily trips than the previously approved May, 2006 AUAR site. The actual proposed increase in square footage for the site is 8%. The distribution of new site-generated traffic to and from the adjacent street system was based on existing traffic patterns and input from the Metropolitan Council and Hennepin County. Figure 6 shows this distribution pattern, along with the actual volume of site-generated traffic during the AM and PM peak hours. Figure 7 illustrates the estimated 2020 Build peak hour traffic volumes. Table 3 compares the current AUAR Average Daily Traffic (ADT) estimates of the 2020 Build volumes to those of the previous May, 2006 AUAR and to those of the 2001 Medica AUAR. The table includes the 2001 Medica AUAR ADT estimates to provide a comparison of the previous developments that have been approved by the City for the site. RLK Inc. Page 4 G:\City of Hopkins\2006-032-M\_Technical Data'Traffic'report\2006-II-J4 Updated SiteIFinaJ TIS 11-27.doc Dee 2006 Update to the Updated May 2006 AUAR Excelsior Crossings - Hopkins, MN I I I I I I I I I I I I I I I I I I I Updated December AUAR Traffic Impact Study November 27, 2006 Table 3. Intersection Enterin2 ADT Estimates: Previous 2020 Build vs. Updated AUAR 2020 Buildl. 2001 Medica Previous May, Current Dec, % Increase AUAR 2020 2006 AUAR 2020 2006 AUAR 2020 from May, 2006 Build Estimates Build Estimates Build Estimates to Current 43,200 37,400 38,800 4% 58,800 55,400 57,400 4% 10,400 9,200 9,600 4% 6,600 5,800 6,100 5% 20,700 18,600 19,300 4% Intersection TH 7 & 5th A ve.l Oak Ridge Rd. TH 7 & Blake Rd.l Aquila Ave. 5th Ave. & Minnetonka Mills Rd. 2nd St. west of Jackson Ave. Blake Rd. & 2nd St. St. Louis St./Site Access & Jackson Ave. Excelsior Blvd.& West TH 169 Ramps Excelsior Blvd. & East TH 169 Ramps/Depot Coffee Shop Excelsior Blvd. & Jackson Ave./Milwaukee St. 32,700 30,300 Excelsior Blvd. & Blake Rd. 33,000 31,000 Overall Total 280AOO 259..700 1. Assumes "K" factor of 1 0 (peak periods each contribute one-tenth of daily traffic). 10,900 11,000 1l,800 7% 30,600 4% 33,000 4% 31,800 5% 32,300 4% 270,700 40/0 32,100 29,400 32,000 31,600 As shown, the currently proposed December, 2006 AUAR 2020 Build volumes estimates are 4% higher overall than those of the previous May, 2006 study, but still less than the 2001 Medica AUAR 2020 Build estimates. Accordingly, 2020 Build traffic operations with the December, 2006 AUAR 2020 Build traffic volume estimates have been reanalyzed to determine if any additional impacts are present over that which was reported for the May 16th, 2006 AUAR 2020 Build traffic volume estimates. Operational Analvsis Methodolo!!V Traffic operations within the study area have been analyzed using the industry-current Synchrol SimTraffic 6 software package, which uses the data and methodology contained in the 2000 Highway Capacity Manual, published by the Transportation Research Board. This analysis method is consistent with that used in the 2001 Medica AUAR and May, 2006 Excelsior Crossings Office Development AUAR. The signal timing information received from MnDOT, Hennepin County, and the City of Hopkins was used as a starting point for the analysis. The choice of timing plan can affect the LOS of an overall intersection, and when comparing individual movement LOS, the fine details of the timing plan become even more significant. A timing plan close to that assumed in the earlier AUAR was therefore developed to provide for an even comparison. To arrive at the proper timing plan, cycle lengths, splits and offsets were first modified from existing conditions to accommodate anticipated traffic volumes, and then were adjusted only where individual movement LOS varied significantly between the current and previous studies. Operational Analvsis Results Study Area Overall For the AM peak hour on an overall intersection Level of Service (LOS) basis, every intersection except one remained at the same overall LOS when compared to the May, 2006 AUAR with the increase of site- RLK Inc. Page 5 O:\City of Hopkins\2006-032-M"-. Technical Data\Traffic\report\2006-1 1- 14 Updated Site\Final TIS 11-27.doc Dee 2006 Update to the Updated May 2006 AUAR Excelsior Crossings - Hopkins, MN I I I I I I I I I I I I I I I I I I I Updated December AUAR Traffic Impact Study November 27,2006 generated traffic. The only intersection to experience a change in overall LOS was the St. Louis Street/Site Access and Jackson Avenue intersection, which declined to a LOS C from LOS B. For the PM peak hour the overall intersection LOS with the increase in site-generated traffic remained the same for all intersections. Figure 8 provides both individual movement and overall intersection levels of service for both the AM and PM peak periods for the updated site. Comparison of Figure 8 in this Updated AUAR with Figure 8 from the May, 2006 AUAR indicates that some of the individual movement levels of service change with the increase of site-generated traffic. Specifically: For the AM peak hour: TH 7/Sth Avenue: ~ The Eastbound (EB) left turn movement improves to LOS D from LOS E ~ The WB through movement declines to LOS C from LOS A ~ The NB right turn movement improves to LOS B from LOS C It is noted that a slightly different timing plan was assumed at this intersection to accommodate the incremental increase in site-generated traffic over the May, 2006 AUAR resulting in improved level of service for two movements, and degraded LOS for one movement. Again, the actual timing plan implemented will affect the LOS at the intersection. Excelsior Boulevard! Jackson A venue/ Milwaukee Street: ~ The shared EB through and right turn movement declines to LOS C from LOS B ~ The shared WB through and right turn movement declines to LOS D from LOS C St. Louis Street/Site Access/Jackson Avenue: ~ The SB left turn movement declines to LOS C from LOS B For the PM peak hour: Excelsior Boulevard! Jackson Avenue/ Milwaukee Street: ~ The shared EB through and right turn movement declines to LOS D from LOS C ~ The shared WB through and right turn movement declines to LOS C from LOS B St. Louis Street/Site Access/Jackson Avenue: ~ The shared WB through and right turn movement improves to LOS B from LOS C ~ The shared NB through and right turn movements declines to LOS B from LOS A In terms of vehicular queuing, depending on the timing plan chosen, the queue lengths will vary. In the May, 2006 Excelsior Crossings Office Development AUAR, the queuing impacts at the Jackson RLK Inc. Page 6 G:\City of Hopkins2006-032-M"-. Technical Data\Traffic\report .2006-) 1-14 Updated Site\FinaJ TIS 11-27.doc Dec 2006 Update to the Updated May 2006 AUAR Excelsior Crossings - Hopkins, MN I I I I I I I I I I I I I I I I I I I Updated December AUAR Traffic Impact Study November 27,2006 A venue/St. Louis Street/primary site access intersection were closely investigated as it is the primary access to the site. To be consistent with the previous study, queuing impacts at this intersection were further analyzed with the increase of site-generated traffic. Jackson A venue/St. Louis StreetlPrimarv Site Access Intersection Preliminary analysis revealed that with only a single northbound left turn lane for vehicles entering the site (even as free movement), congestion will begin to occur upstream in the Excelsior Boulevard eastbound left turn lane at Jackson A venue. Congestion appears to occur at that location, even though excess capacity is available, due to a majority of vehicles attempting to use the left-most left turn lane. Accordingly, it was assumed and is suggested that the design of this intersection should allow for dual northbound left turning movements entering the site, as initially identified in both previous AUAR studies. Further analysis revealed that although all movements operate at LOS D or better during both peak periods, the following 95th percentile queuing results from an average of five SimTraffic simulations should be accounted for in the design of the intersection: AM peak: ~ Eastbound queue of 60 feet. (On-site roadway yet to be constructed.) ~ Northbound queue of 320 feet. Remains within available turn lane storage distance of 325 feet, and link distance to Excelsior Boulevard of 580 feet. ~ Southbound queue 100 feet. Exceeds southbound left storage distance 25 feet. ~ All other queues less t?an 100 feet and within storage bays. PM peak: ~ Eastbound queue of215 feet. (On-site roadway yet to be constructed.) ~ Northbound queue 137 feet. Remai,ns within available storage bay distance. ~ Southbound queue 100 feet. Exceeds southbound left storage distance 25 feet. ~ All other queues at or less than 100 feet and within storage bays. Based on these results, the following measures are suggested for the design of the primary site access intersection, as detailed on Figure 9: ~ Restriping of the southbound approach to extend the left turn storage bay length from 75 feet to at least 100 feet. ~ Design of the onsite eastbound approach to include a 215- foot right turn storage bay. Based on Figure 3, the Concept Site Plan, this suggestion is accounted for. ~ Installation of a traffic signal when warranted. ~ Adjustment of signage and striping on the northbound approach to create dual left turn lanes and shared through/right turn lane. This measure should be completed concurrently with installation of the traffic signal. ~ Although beyond the 95th percentil~ and therefore unlikely, the potential for queues to extend back to Excelsior Boulevard does exist. Signal timing for the intersection should be monitored regularly to ensure safe operation. RLK Inc. Page 7 G.\City of Hopkms\2006-032-M\_Technical Data\Traffic\report\2006-11-14 Updated Slte\Fmal TIS 11-27 v2.doc Dec 2006 Update to the Updated May 2006 AUAR Excelsior Crossings - Hopkins, MN I I I I I I I I I I I I I I I I I I I Updated December ADAR Traffic Impact Study November 27, 2006 2nd Street NE/Monroe Avenue Intersection This intersection was added to the list of study area intersections to better ascertain the impacts to local streets near the project. Table 4 summarizes the results of the analysis for 2020 Build conditions. Table 4. Results of 2020 Analysis - 2nd Street NE/Monroe A venuel. 2020 Scenario Measure of Effectiveness No-Build AM Peak PM Peak A A A B Build AM Peak PM Peak A A B B Overall Level of Service Nouthbound Approach LOS Nouthbound Approach Average Delay per Vehicle (sec.) 1. Results from Synchro. 11.7 lOA 13.0 9.3 The results show that the addition of site-generated traffic will only slightly impact operations at the intersection, increasing AM peak hour delay on the southbound approach by an average of approximately 1.1 seconds per vehicle and increasing PM peak hour delay on the same approach by 1.3 seconds. Both the overall intersection LOS and southbound approach LOS remain well within acceptable limits. 2nd Street NE/Secondarv Access Intersection As detailed in the May, 2006 AUAR and reiterated in this Updated Study, results of the analysis confrrm that additional roadway capacity will not be required to accommodate site-generated traffic at the 2nd Street NE/Secondary Access intersection. Although a two-lane driveway is anticipated to provide for acceptable operations, providing for potential expansion to a 3-lane driveway is suggested, in the event intersection enhancements become required in the future. Figure 10 illustrates the concept of planning for potential future expansion. Ramp Meterin2: Practices Currently the Excelsior Boulevard/Trunk Highway 169 on ramps are controlled during peak traffic periods by the use of traffic ramp meter signals. These signals allow vehicles to enter the freeway one- by-one, with the time between vehicles varied depending on factors including the level of service of the adjacent freeway segment. Concerns have risen over the potential for excessive queues from the ramp meters building sufficiently to back up onto Excelsior Boulevard. Through conversations with MnDOT and review of ramp metering studies performed in various ramp metering locations throughout the metro area, it was determined that this possibility has been accounted for in the timing algorithm for releasing cars onto the freeway. According to M~OT, queues extending to the adjacent arterial (Excelsior Boulevard in this case) is one of the major factors considered in determining the length of time each vehicle must wait at the ramp meter, a calculation called "timing algorithm." To accurately diagnose the length of the queue waiting to enter the freeway, each on-ramp is monitored by loop detectors installed into the pavement that detect the passage or presence of vehicles. Two loop detectors are installed on each entrance ramp, one near Excelsior Boulevard at the beginning of the ramp and one at the end of the ramp immediately prior to where vehicles enter the freeway. These two detectors work together to determine the queue length present on the ramp by calculating the number of entering and exiting cars. In turn, the ramp meter signal timing is adjusted as part of the complex timing algorithm. The initial ramp detector near Excelsior \. RLK Inc. Page 8 G:\City of Hopkins'1006-032-M'_ Technical Data\Traffic\report\1006-11-14 Updated Site\Final TIS 11-27.doc Dee 2006 Update to the Updated May 2006 AUAR Excelsior Crossings - Hopkins, MN I I I I I I I I I I I I I I I I I I I Updated December AUAR Traffic Impact Study November 27, 2006 Boulevard includes a "presence" function that allows it to determine if a stopped vehicle is present at the end of the ramp. If it senses the presence of a stopped vehicle, the metering rate within the timing algorithm is adjusted (or eliminated if necessary) to shorten the queue and eliminate potential backup onto Excelsior Boulevard. Effects on Local Streets One of the primary goals of this AUAR Update is to ensure there is adequate access to the site while at the same time limiting the impact to local streets. Based on the predicted trip distribution pattern, Figure 11 provides an estimate of the impact to local collector streets in terms of ADT added. When compared to Figure 11 in the May, 2006 AUAR, the December, 2006 AUAR ADT is slightly higher. When compared to Figure 7-2 in the Medica AUAR, all studied roadway segments are anticipated to experience lower daily traffic volumes than previously forecast. To encourage users of the site to access the site via the primary access rather than the 2nd Street NE secondary access, modifications to 2nd Street NE near the site are suggested. These modifications should both attempt to encourage use of alternate routes through the use of proper traffic calming techniques and/or roadway capacity reduction measures, as well as promote bicycle and pedestrian use and connectivity to the area trail system through proper roadway signage, striping and design techniques. The following (also detailed in the May, 2006 AUAR) are a list of possible measures that could be considered for implementation along Minnetonka Mills Road/2nd Street NE to achieve both of these goals simultaneously: >> Add sidewalk or increase accessibility to the trail adjacent to Burnes Park, to achieve a continuous sidewalk from 5th Avenue to the Regional Trail. >> Add landscaping or on-street parking along site frontage ,adjacent to the roadway. >> Create a landscaping feature at the 2nd Street NE/Regional Trail intersection to increase driver awareness of crossing traffic. Alternate TransDortation Modes The AUAR site is ideally located to provide for alternate commuter modes of transportation. Alternate modes available include bicycling using the local arid regional trail network, walking using the ample City of Hopkins sidewalk network, bus transit using one of five Metro Transit routes passing the site, or LRT transit using the potential future Southwest Corridor Light Rail line. Figure 12 illustrates these alternate options. For commuters choosing bicycle as their alternate mode, three trails among an extensive regional and local are available for use. >> The Southwest Regional Trail connects the southwest suburbs to Uptown Minneapolis, passing just to the south of the site across Excelsior Boulevard. >> A regional trail connecting Hopkins with Cedar Lake and Downtown Minneapolis begins along the west edge of the site. >> A regional trail extending to the Lake Minnetonka area terminates in Downtown Hopkins, across TH 169 from the site. RLK Inc. Page 9 G:\City of Hopkins\2006-032-M\ _Technical Data'TrafficlJ'eport\2006-11-14 Updated Sitelf"inal TIS 11-27.doc Dee 2006 Update to the Updated May 2006 AUAR Excelsior Crossings - Hopkins, MN I I I I I I I I I I I I I I I I I I I Updated December AUAR Traffic Impact Study November 27,2006 Commuters walking to the site from home or from transit stops will utilize the sidewalks network shown on Figure 12. Sidewalk connections to Downtown Hopkins to the west and the Excelsior and Blake area to the east are both available. For transit commuters, six bus routes provide service to stops near the site. ~ Routes 12 and 664 pass by the site on Excelsior Boulevard. ~ Route 615 passes by the site on 2nd Street NE. ~ Route 665 passes near the site using Excelsior Boulevard to the west before turning onto 169 to the north. ~ Routes 17 and 668 terminate on Blake Road 3 blocks to the east of the site. Planning for the Southwest Light Rail Transit line continues. The nearest stations to the site would be located near the Excelsior Boulevard/ll th Avenue South intersection approximately one-half mile west, and near the Blake Road/2nd Street NE intersection approximately three blocks east. See Figure 12. Truck Circulation All truck traffic will use the primary site access at St. Louis Street/Site Access/Jackson Street intersection and travel around the main circular development road that loops the buildings. Truck access at the 2nd Street/Momoe Avenue intersection will be restricted through the design of the curbs and proper signing. Moving trucks (WB-62) are the largest anticipated trucks and will only be present when a tenant is moving in or out. Otherwise on a daily basis, the largest anticipated trucks are Fed-Ex/UPS-type delivery trucks with a maximum of two to three trips per day. The design of truck delivery docks will be such that trucks will be able to back up into loading areas and exit in a circular pattern (i.e. trucks that are traveling clockwise around the site will continue traveling clockwise after they exit the dock area). Conclusion Analysis comparing traffic impacts from the currently proposed land uses in the December, 2006 AUAR to the previously proposed land uses in the May, 2006 AUAR for the "Excelsior Crossings Office Development" site has been completed to determine if the increase in land use density will create impacts beyond those determined in the May, 2006 AUAR. Results of the analysis indicate that no further roadway mitigation beyond that suggested in the May, 2006 AUAR is necessary. The updated analysis included reassessing the study area roadway network with approximately 1,153 AM peak hour, 1,116 PM peak hour and 8,396 daily site-generated trips throughout the study area roadway network. This is an increase of 90 AM peak hour, 79 PM peak hour and 531 daily site-generated trips over which was analyzed in the May, 2006 AUAR. The study found the roadway network, with the previous proposed roadway geometry detailed in the May, 2006 AUAR, is able to accommodate the addition of site-generated traffic due to the updated site plan. In particular, the overall intersection LOS is predicted to decline for only one intersection with the increase in site-generated traffic RLK Inc. Page 10 G:\City of Hopkins\2006-032-M'_ Technical Data\Traffic\report\2006- r 1-14 Updated Site\Final TIS 11-27.doc Dee 2006 Update to the Updated May 2006 AUAR Excelsior Crossings - Hopkins, MN I I I I I I I I I I I I I I I I I I I Updated December AUAR Traffic Impact Study November 27, 2006 Traffic Impact Study Figures 1. Vicinity Map 2. Study Area Roadway Network 3. Concept Site Plan 4. 2006 Existing Peak Hour Traffic Volumes 5. 2020 No-Build Scenario Peak Hour Traffic Volumes 6. Site-Generated New Trip Distribution and Assignment 7. 2020 Build Scenario Peak Hour Traffic Volumes 8. 2020 Build Scenario Peak Hour Levels of Service 9. Primary Access Mitigation Plan 10. Secondary Access Mitigation Plan 11. 2020 Local Street ADT 12. Alternate Transportation Mode Amenities RLK Inc. Page 11 G:\Cit} of Hopkins\2006-032-M\_Technical Data\Traffic\report\2006-11-14 Updated ~itelFina1 TIS] J-27.doc Dee 2006 Update to the Updated May 2006 AUAR Excelsior Crossings - Hopkins, MN \i &. ..:: 0 ,.~ ) - 0 5 HENNEPIN COUNTY ~ I CITY OF HOPKINS ;ALE IN MILES F'i9ure , HOPKINS - EXCELSIOR CROSSINGS - UPDA TED AUAR 1 VICINITY MAP Project II 2006032M MN MN MN MN Phone: 952 933 0972 Fa>.' 952 933 1153 www.r1kinc.com Minnetonkfl. MN 55343 Duluth, Ilam Lake, I hbhin~. Mlnllctollka. Suite 100 ~ RLK ( lNCOI\l'Ol\SI I'D ) "-../ 6110 Bille Circle Drive ~ ~ :;) :i. o a ~ ~ ,- o :) I :t :) I :t :) ,- :n :v 5 2' ~ g ;:) ,- ~ o ;) :; ::! i: ti :v I ,- a I 'l '1 :) , o :) :) 'l ,- ~ ;;c :l.. o r: ::> ~ ~ :; 5- :) '" o ::> :) 'l i :) 5- ~ w ~ <( -1 CD LA. , \ , \ '-- JACKSON AVE, N. BELMORE vi W > <( w o 0::: Z o ~ S\ \j 'f.. \v \v ~\\...~~ z W > <( z o I- o Z :c (f) <( 3: ST. S. w o 910 ~O::: <( o z w > <( .s:: L0 3rd ST. N. 2nd ST. N. MAINSTREET ST. N. st ~ wI w > > <( <( .s:: I ..r:: ........ ........ N .- .- .- vi W > <( :5 EXCELSIOR BLVD ST. 4th o (j)<( ZO -0::: ~(j) D..(f) 00 I 0::: U z ~ <( :5 '" .- S. LEGEND AVE MALONEY ST, 5th () ~ F'i9ure , 2 Project II 2006032M STUDY AREA INTERSECTION WITH EXISTING STOP CONTROL STUDY AREA INTERSECTION WITH EXISTING SIGNAL CONTROL "DIu) HOPKINS - EXCELSIOR CROSSINGS - UPDATED AUAR STUDY AREA ROADWAY NETWORK Duluth, MN Ham Lake, MN HibblOR. MN MlOnetonka, MN Phone: 952 933 0972 Fax: 952 933 lI53 www.rlkine.col11 Mml1ctonka. J\(N 55343 SUite 1 ~ RLK ( INLOIIPOR;\'ITP ) ~ 6110 Blue Circle Drive :;p ;: :l ;i :J 2 ~ G ;; ,,; 'I ") II 'I I 5 L :J o ./ g- 3i ./ n :;p ~ :v n 5 ~ :) ::!- ;; )- 1) g' :; :v n ~ ;; ~ ~ '5 ,J :) :l ./ :.> 5- n 'oj 'i o :> :> '4 :5 'I > ~ ~ -_......~ ~~I\ ~\I ~J~f! ~\a ,",OPK\NS _ E~CELS\OR CROSS\NGS - UPO~1EO ~U~R CONCEP1" S\1E PL~N ~ Q) i,I1 '0 C o ~ ~ E. ::l o o Q soU1'tfI4ES1 Re.G\ON~1~\. ~ e.\S1\NG 1#'\C S\G~ ~ ~ PROPOSI! S\G~ ~ NOR1'" srn: ~CC6SS . \ )e.C 2006 UPo~ "fe.O \L ~\ s ~U~R S'''fe. pLAN:' !- - - - - ~ \,- - - ~ I II I 2nd S1ftEE1 ~ ,----; I // I / C// . uJ ~' . Z' ME ~ ---- 8us S10P ) L i' z" 'i !S)lb\.. ~rtE.~ 2.1.32. Qe. :l: GENER"\' oFfIcE 2.,0.000 s.f. GE\'lE~(>.\. oFfIcE 2.60.000 s.f. GE\'lER(>.\. oFfIcE 2.10.000 s.f. oFfIcE-~E.V-'tED ~E'T"'\. 6.000 s.f. GE\'lER(>.\. oFfIcE 2,30.000 s. f GE\'lER(>.\. oFfIcE 2,30.000 s. f. GE\'lER"\' oFfIcE 2.2.0.000 s.f. oFfIcE-~E.V-'tED ~E'f"'\. 9.000 s.f. )6 ~U~R I .~N: /, ~ ",.c,.N'T 'H~EI'\oUSlNG ...2.00.000 s.f. -- ~~ '- -- (.Jl. srre. OA'TA -- ~ LEGEND EXISTING SIGNAL CONTROL EXISTING STOP CONTROL AM PEAK HOUR VOLUMES PM PEAK HOUR VOLUMES s'10 \2-, ~ () XXX XXX ::l' ~ :J 11 ~ 5 ~ / . o J , ~ I :t , I :t 3- Jl :p 5 g' ~ g :J / ::> o :) Fi9ure , 4 Project , 2006032M STUDY. EXCELSIOR CROSSINGS - UPDATED AUAR 2006 EXISTING TRAFFIC VOLUMES ",......,r- NOTES: 1. Hwy. 7/BLAKE Rd. PM PEAK VOLUMES CALCULA lED FROM sRF's 2004 SUPERTARGET EXPANSION 2. ALL OlHER VOLUMES PER RLK COUNTS TAKEN WEEK OF 1/30/06. HOPKINS - Ouluth. MN llanl L~kc. MN H ibblt1j!;. :-'1N Mil1nctonk~. MN Phonc: 1)52 9)) 0972 r~).; 952 9'H t 15'\ ,,"\vw.rlkinc.co)11 i\hnncwnka. !\IN 5<;34'\ $Ulte. l\Fe ~ QNUlll1'OR:\'! 1-1) ") ~ (, \ \0 Blue Circle D. / ~ I 'I '1 , I o , , ::!- ~ ;: ::l. :) L ::> ~ ~ :; 5- o -..j o , , 'I LEGEND EXISTING SIGNAL CONTROL EXISTING STOP CONTROL AM PEAK HOUR VOLUMES PM PEAK HOUR VOLUMES ~ 'vl^+-S C' ~ ........... ........ ........ --- --- -- . SITE - ,....-- -;:::::::- 0 s. ~ - -- HOPKINS - EXCELSIOR CROSSINGS - UPDA TED AUAR 2020 NO-BUILD SCENARIO TRAFFIC VOLUMES ~ ~ :n :l) :; ~ ~ ~ ;:I '" ~ ;:I ~ '" so I 'I '1 ::> ~ ~ :; Fi9ure I 5 Project 1# 2006032M Duluth,MN !lam Lake, MN Illhbin~, MN I\1lJ1nctonka, !\IN Pl1onc: 952 933 0972 Pax: 952 9,3 1153 www,rlkillc,cnm Minnetollka. MN 55343 Suite ~ ( INcnlll'OIl "J FD ) ~ 6110 Blue Circle Drh'c · 5- o " o :;l :;l ..., i :;l 5- :( ~ s1\JO'< I\REA 'l" ''''''..- #<IA P~ Sl1E_GENER~"\tO 'TR\l"" PIA P~ S11E-GENER~"\tO "\RIPS \)1~IBUllOl'l pERcEN,.~GE ~ s () xxx xxx S'l0' \Z, LEGEND EXISTING SIGNAL CONTROL PROPOSED SIGNAL CONTROL PROPOSED STOP CONTROL AM PEAK HOUR VOLUMES PM PEAK HOUR VOLUMES 0' ~ o vi III E :3 is > ;' " n 71 " I (5 [ :> 9- Q. E III ;' II) C7' 5 Q) n 5 t) o ;!- c E o )- III C7' 5 a1 n o c: c ~ c: III E ::l t) o 3- :.> EXCELSIOR CROSSINGS - UPDATED AUAR TRAFFIC VOLUMES 2020 BUILD SCENARIO Htm~= ~NN Pboae: 952 93S om Pa: 952 93&115.1 "..,.dkiac.coal MJnndonb, UN 55U3 '" RLK (~J 6110 Blue CUds Drive . Sllite 100 · I ST. S - - - . ~ -~=~ HOPKINS - EXCELSIOR CROSSINGS - UPDA TED AUAR RLK. )'l..~~= ( INCDDICD.A'l1ID I Pboae: 952 93.1 (W72 "-./ Pa: 95293.1119 2020 BUILD SCENARIO PEAK HOUR LEVELS OF SERVICE www.dJdac.cxa 6110 Blue Orde Delve . Sa tOO . M1nnetonb. NN 5~ EXISTING SIGNAl CONTROL ~ PROPOSED SIGNAL CONTROL S PROPOSED STOP CONTROL () AM PEAK HOUR MOVEMENT LOS X PM PEAK HOUR MOVEMENT LOS X INTERSECTION LOS (AM/PM) A/A S'J0 '" ~, '" '" S~ O?-. ~ , .............. ~ " '....... ~...., ''--JACKSOt\1', .............. . '" , ....... C/) ", A VE. N. ,....... '''''' ...... " " " , z w > <( ..c .......... L() 3rd ST. N 2nd ST. N st ST. N Figure , 8 Project , 2006032M O'l ;: o tIl Ql E :I 15 > '" '4 ~ " I (5 1: .:> 9- Q. E Ql '" III 0'0 g Q) f) i5 u o ~ c: E o :( '" III 0'0 c: ::: Ql f) o c: o III C Ql E :I U o 3- J E a. o n Ii o ::> ::> '4 j " > ~ I @2006 RlK INC. LEGEND EXISTING STRIPING PROPOSED STRIPING FUTURE STRIPING RIGHT-OF-WAY I PROPOSED LANE DESIGNATION EXISTING LANE DESIGNATION I I I I I 0'1 :;= t/ o 0'1 .:;J - 11 I QI CD" ~ s= ----- 0 rn ~ ~ () ~ <i1J .... MODIFY STRIPING TO CREA TE 120-FOOT LEFT TURN STORAGE BAY ADD CROSSWALK STRIPING ./ to o , UI I ~ l- I 'c .c l N f') I UI j :: u f a. f') N I~ I('~' / EXISTING STOP / CONTROL c:/ t::::J, l: &'-4 &/~- ~(? St. Louis &~ Street t::::J ADD TRAFFIC SIGNAL WHEN JUSTIFIED ADD STOP BAR STRIPING AT TIME OF SIGNAUZA TION ( OPTIONAL) EXISTING STRIPING (TYP.) CONVERT NORTHBOUND APPROACH TO DUAL lEFTS. SHARED THROUGH/RIGHT AT TIME OF SIGNALIZATION o 50 ~ II , SCALE IN fEET Duluth, MN Ham Lake, MN Hibbing, J\n-: ~1mnetonka, MN Phone: 952 933 0972 Fax: 952933 1153 www.r1kmc.com EXCELSIOR CROSSINGS - AUAR PRIMARY ACCESS JACKSON AVE. rlgure , 9 6110 Blue Circle Drive. Suite 100 . Mmnetonka, MN 55343 Pr jec:l # 2006032M I r-r- Duluth, MN r J~nl I ,akc, MN 1 hbbing, MN Minnctonk~, MN Phone: 952 9.B 0972 r~x: 9529331153 www.rlklOc.cClnl J\hnnetnnkll. MN 55~4~ Suite ~ RLK ( I'-;COlll'Ol\.\'I!'\) } ~ 61lO Blue CIrcle Drive :::J'I :t ~ ;) :i :; :::. o g' ~ :ii ./ o ::> r :t ::> I :t ~ :n 3l ;; :2' ~ ::! :J ./ ::! ::I :l :; ~ n 3l I ./ 5' I 'J '1 ::> I o ::> ::> 'J ./ ~ it ;:). ::> c :; ~ ~ :; 5- n o ::> ::> 'I i ::> 5- :{ ,",Op~\NS _ E~CE\..S\OR CROSS\NGS - ~O~"{EO ~U~R 202.0 \..OC~\.. s1REE1' ~O1' f\91,Jre f \\ projeCt. I '200603~ 2020 BU\LO ,..01 pEF.cDl1'~GE crI~GE S~0' ~' 999 7,.UI-V' . 1- 999 Sl1'E-GENEF.~ 1EO ..... ~ ~ +9% $\1\ ~I\ ____9S1tm~ ~- E o o ? :; ~, 0' ~ ~ E :::l o ~ ? ~ ....\ '0 r. , 13- 0- E Q) ;- III 0' c ;;. ~ n B o 7 ; ~ ;, ~ % Q) n o a 'e Co Q) E :::l \,) o ~ 'j w ~ <( -l m w o 0::: Z o ~ ST. S. w <.::> 910 ~O::: <( o z w > <( 3rd ST. 2nd _ ST. ST. t+H " " MAINSTREN N. st " z ui a (f)<( zO -0::: ~(f) Q..(/) 00 :Crt: U "" "" , ~~" ~"" w ~41Ik~~ ~~ ~ ~J"o~ 0 4." ~..f ~~." ..c ..c -+-' ...... C'\l ..- ..- ..- ..c -+-' ,...... ..- -++H+~ , ~ , , 4th ~ LA. BELMORE z o l- t? Z I (f) <( 3: POTENTIAL LIGHT RAIL ROUTE AL TERNA TES 5th ST. S. EXCELSIOR AVE. MALONEY Figure , 12 Project , 2006032M EXCELSIOR CROSSINGS - UPDATED AUAR TRANSIT ROUTES TRAILS AND REGIONAL ui -0 I . c w N> <( (f) I I I -_.@--- ---- LEGEND BUS STOP POTENTlAL LRT BUS ROUTE BIKE TRAIL SIDEWALK ~ IWD~= RLK. U'~= ( ............. "'.....,. ) Pbaae: 952 m 0lI'12 \...1 Pa: 952 Bum '--"" "....ddac.am 6110 Blue 0a:Jc Ddve . SuIte 100 . ~... UN 55343 0> ~ "0 ci. o E a. o 1Il C ~ o ,,/ o co I') N I o a:: (;) co ,,/ 0- E Q) I- ,,/ (/) 0> ~ Q) (J) o u o ...J ,,/ c 'E "0 <{ ,,/ (/) 0> ~ Q) (J) "0 C o 2 c Q) E :J U o o ,,/ U E o co N o ill o o N N > o z I I I Updated December AUAR Traffic Impact Study November 27, 2006 I Appendix A I I Updated AUAR Traffic Impact Study: Excelsior Crossings Office Development RLK Inc. April 06, 2006 I I I I I I I I I I I I RLK Inc. G:\City of Hopkins\2006-032-M"-.Technical Data\Traffic\repon\2006-11-14 Updated SiteIFinal TIS 11-27.doc North Annex Site Updated AUAR 2006-032-M I I I I Updated December AUAR Traffic Impact Study I I I I Appendix B (Available Upon Request) Traffic Impact Study: Medica Corporate Office Building URS BRW Inc. June, 2001 I I I I I I I I I I I I November 27, 2006 RLK Inc. G:\City ofHopkins''zOO6-032-M'_ Technical Dat3ITraffic\report\2006-1 1-14 Updated SiteIFinal TIS 11-27.doc North Annex Site Updated AUAR 2006-032-M I I I Updated December AUAR Traffic Impact Study I I Appendix C I I SuperTarget Expansion Traffic Study SRF Consulting Group May 6, 2004 I I I I I I I I I I I I November 27, 2006 RLK Inc. G:\City of Hopkins-2006-032-M\ _Technical Data\Traffic\repon\2006- r 1-14 Updated SiteIFinal TIS 1 J -27.doc North Annex Site Updated AUAR 2006-032-M I I I I I I I I I I I I I I I I I I I r:Jt~. CONSULTING GROUP, I N c. Transportation.. Civil of Structural.. Environmental.. ,Planning.. Traf rking . ~. F ?~! 2 iJ 7.~e~ S ! ,Noo 0045059 1 ~': ~, .__ _ ._'" .. . ;~ECE IVrc= 0 1 ~ ~-:: -v:':'. :,;:',' : ;' ; . ~~. _'Of. -. ~ U ,..j '._-, ~-/ _-' LJ ...J -'- - ~ MEMORANDUM-----------------~.--..-MAY 1 2 2004 TO: COMMUNITY DEVELOPMENT CITY OF ST.lOUIS PARK, MN Julie Grove, Associate Planner CITY OF ST. LOUlS PARK FROM: Carla Stueve~ P.E., Associate Craig Vaughn, P.E., Senior 'Engineer DATE: May 6, 2004 SUBJECf: SupERTARGETExpANSIONTRAFFIC STIJDY Introduction We have completed a traffic study for the remodeling of an existing Target store to a Super Target, located in the northeast quadrant of Trunk Highway (TH) 169 and TII 7 in the City of S1. Louis Park (see Figure 1: Project Location). The purpose of this study is to determine the traffic impacts on the adjacent roadway system related to the proposed expansion. This traffic study includes a p.m. peak hour operations analysis for existing and year 2006 build conditions. Existing Conditions To detennine how traffic is currently operating in the study area~ traffic operations for existing conditions were analyzed at the following key in~ersections: · 36th Street and Boone Avenue · 36th Street and Aquila Avenue · Aquila Avenue and North Knollwood Mall Access Aquila Avenue and 37th Street . 1H 7 and Aquila Avenue One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 + Fax (763) 475-24~9 + httD:/Iwww.srfconsultinf!.com An Equal Opportunity Employer . , ' I ~ ~~.'J,~~"\- ~. l~~'~ ~~~ ~U~~ t r~~~Ob ,>,?L ~~ ~ ~:z ~ . lit.. ~ ) 'L !l! ere ~ '5[. ~ ~ ~ 1E1t:~~ ~ ~ 1--"-- I ~'pi I 'iC . ~ ~ ~ > ~ /p :>- w. '"' ~ifi 4( - ~ ~ ~ w - ~ ffi ~ ~ L...- ~ ~ --- . ~ :s ~ w. 30" ST. ~ ~ ~ (i)e> ~ ~~~~w S 4( ~~ :/ ~ S ii ~ ~ ~ ~ ~ 0" ~ ~ .... r! I ~~l ~ $f 81: ;J _ ~ '- w. ~ 32 nd ~ ~ ~s I W ~ ' a:q-.~ m :1 w ni ~~ ~i~;:n~ ~'.d i '" ~ it w. ~ ~ 33Id ST. a; ,..-~ ::! 1 ~ C!) . Mi ~ f1~ ~ ~ ~ C) ~ ~ Ot-: ~L0 :J: 19 ~ ~ al 34~" t: ~ z ~ ~ ;> :> I ~CI) ~~ st. ~ =i ~ 0 0 ~. /J~~::~ ClR.N. J 8l ~ ~ ~ w. ~341h ST. ~ %: ~ PROJECT j oj w ~ W.3kfS1: 35 th 81: ws .~ ~ ~ LOCATION (~ . '< . . iii} iii M 6.~sr.N.VI. ~ ~ I~" 36 tb \.~ -o'-'U/4. . ~ ~ ~o ~I;c ~o ~ ._~ m ~ 7~UBUCAVE. \ IIL--J 'Y;<i.( ST. 1 ...... ciit- ~ '< ~ "a .;.-~. ~ =" TR '''~!U L l. ~ " ~ a: r:t : DC1tI\NS~ ~ ~~ t~ ~~ '1 ,,~i ~ W-a 36th ~ ~ 81: ~ w 0 ~ s"{. L!-1 << Yi CI UI ~ '\::!.... ~ :E;?i;t ~ !i S ""' ~.-fb.. o;:lie ~ 0: ~ a ~ ~ ~ ~ ~ ::> f/1 31f\n~ s~. ~ ~.u """~ ~l ~ (I) ((~ 3.. ~ ::> ::> UJ -~- ~.__ ~''-L :c 11:: !lis \ ~ \ @ 31\b m:~g ~ ~ ~ 'S.~ ~~.~ ,,-ti S\.~.----... ~ K! 4(~.% I-::: tt.~~) '~"" """ ,,,- " x ~ DMS1)N 51: ~ 0 .- E wHXfil ~~J~:1 )'- ~-:- """ '''~~ - t CAM~ciGE ~ 81: 8 ~ '/ s-{. - ~ r- z~ -~.:--.. 5 :r. ~ ~ ~ ~ J is ~~ ~ I. ~.~ OXFORD 8T.. v~~." ~~/-"'~ Q~ y RD.W1.~ ~ jl2: 1if-1 & Z _ . Q ~; ~ ~ . 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I SRF PROJECT LOCATION SUPERTARGET EXPANSION TRAFFIC STUDY City of St. louis Park R~CI;')!19l1e 1 MAY 1 2 Z004 c~~' I 0045059 April 2004 COMMUNITY,DEVELOPMENT I" I I I I I I I I I I I I I I I I I I Julie Grove - 3 - ' May 6~ 2004 Current traffic controls include side-street stop control at the intersection of Aquila A venueINorth Knollwood Mall Access and signalization at the remaining key jntersections~ Peak hour turning movement counts were collected by' SRF Consulting Group in February and April 2004 at all key intersections. Existing geometries? traffic controls and p.m~ peak hour traffic volumes for the key intersections are shown in Figure 2. A p.m. peak hour operations analysis \vas conducted for the key intersections to detennine how traffic currently operates within the project area. Signalized intersections were analyzed using the Synchro/SimTraffic software and the unsignalized intersection was analyzed using the Highway Capacity Software. Capacity analysis results identify a Level of Service (LOS) which indicates the quality of traffic flow through an intersection. Intersections are given a ranking from LOS A through LOS F. LOS A indicates the best traffic operation~ with vehicles experi€:llCing~~nimal delays. LOS F indicates an ~ntersection where demand exceeds capacity, or a breakdown of traffic flow. LOS A through D are generally considered acceptable by drivers. LOS E indicates that an intersection is operating at, or very near its capacity and that vehicles experience substantial delays. For the analysis of side-street stop controlled intersections, special emphasis is given to . providing an estimate for the level of service of the minor approach. The traffic operations at an unsignaIized intersection with side-street stop control can be described in two ways. First, consideration is given to tbe overall intersection level of service. This. takes into account tbe total number of vehicles .entering the intersection an~ ~~e capability of the intersection to support those voJu~es. Seco~d, it is important to consider the delay on tbe minor approach. . Since the mainline does not have to stop, the majority of delay is attributed to the side-street apptoacbes~ Results of the analysis shown in Table 1 indicate that all key intersections currently operate at an acceptable overall LOS D or better during the p.m. peak hour, with existing traffic controls and geometric layout. It is important to note that existing signal timing, obtained from tbe City of St. Louis Park and MnlDOT, was used for the existing analysis of the signalized inte~tions. Although all intersections currently operate at an acceptable level of service, there is an existing operational concern at the intersection of TH 7/Aquila Avenue. Based on p.m. peak. hour field observations~ 22 right-turning vehicles from southbound Aquila Avenue to westbound m 7 missed the "free" right .turn located north of tbe intersection, and instead made the movement at the traffic signal. Since a southbound right-turn movement is not expected at the signal, it can create an unsafe situation for vehicles and pedestrians traveling through the intersection. During the turning movement count? there was a close call between a bicyclist and a driver making the southbound right turn at tbe signal. To prohibit this movement, the City should consider requesting that MnlDOT install a "No Right-Turn" sign for southbound Aquila A venue at TH 7. In addition, the existing sign located north of the "freen right should be modified to a ~arger Type "D" Guide. Sign with a. green background and white lettering, stating "WEST TH 7n with a diagonal arrow. ~is type of sign will draw 'more attention and reinforce t~at.it; ~s not a conventional right turn. In addition, a "Double.Arrow~~ .W12-1 sign (standard. size 30~~ x 3(1') should be placed'on the nose of the right-turn island to draw more attention to the turn~ .... ~ -~....."j f1( 3i~t-' -.. ~~T. :51 Sfd oj:) "\ . ~/ .c:( / ~(f')N j..- ;98 ~" .......- .84 23~~ ~( _No CD 0 ~ ,. . g045059: t>.OJl\ 2Q04 r1.)(f')(f') j..- 24 _-<1"- )~ '\58 ~63 49 J.,. ~~ 198 .--.. _NcO 87~ tt)-r-CD - E)CISllNG p.M. pEAK HoUR lRAfFIC VOLUMES su~G€T eP~ lAAFflc srot)'f City ot Sl \..ou\s pat\( \ &;\ .' \ -z.. I ~\ 0- --" --r-- , ST. ~'X ~'\\ ?~ (j \ . Figure 2 -- I I I I I I I I I I I I I I I I I I I Julie Grove -5- May 6, 2004 Table 1 Existing P.M. Peak Hour Capacity Analysis level of Service Results Level of Service P.M. Peak 36th StreetIBoone Avenue A 36th Street! Aquila Avenue A Aquila A venuelNorth Kno)]wood Mall Access * AIB Aquila Avenue/37th Street B TH 7/ Aquila Avenue D * Indicates an unsignalized intersection. The overall LOS is shown followed by the worst approach LOS. Intersection Proposed Development The existing Target store is located northeast of TII 169 and TII 7 in the City of St. Louis Park. The store, constructed in 1961~ is one of the first Targets to be built. The facility is currently 133,438 square feet and is proposed to be remodeled and expanded into a Super Target with a total square f90tage of 184~938. The site plan for the proposed Super Target is shown in Figure 3. Traffic Forecasts It is anticipated that the proposed expansion would take place.in year 2005. Traffic forecasts were developed for year 2006. (one year after expansion). A one-percent yearly growth rate was used to account for growth in background traffic. volumes~ based on a review of historical daily traffic volumes in the area. Table 2 sbows the trip generation estimates based on trip rates from the 2003 ITE Trip Generation Reports for a 133,438 square-foot free-standing discount store and a 184,938 square- foot free-standing discount, superstore. Typjcally~ trip generation estimates are based on this information. However., w.hen available, specific development trip data is generally used to estimate trips. In this case~ two sources of information. were provided: the Target Developer~ s Guide and a year-long study of casb register transactions that was completed for a Super Target in West Colonial, FL. Table 3 summarizes the trip estimates based on the Target Developer's Guide. These trip estimates include a combination of studies from Target and are comparable to the ITE trip rates. The trip estimates from the Florida SuperTarget study (not shown in table) indicated approximately 6,000 daily trips (compared to 9~OOO in the Developer' s Guide) and 470 p.m. peak hour trips (810 in the Developer~s Guide). Since these trips are significantly lower than the ITE trip rates and the developer's guide, and the study was conducted at one store with no information provided for surrounding uses~ we did not use the data from this study to generate trips. Based on the infonnati~n provided, the trip estimates fr<?m tbe Developer~ s Guide were used since they are reasonable and comparable with ITE rates. - - - -.-----------. - ""lfii l{l{ ul 'I JII t f (~I)i z-II fJll : ~~Ii II till rtf' " m ~; !j: :1ii i i ~ : ~ ~ d ~! I,':: I; ~! i:.::;t ~:jC>" ~~g~~? If,~~~:J.l: t;,~S~'ll;; ~~eSl~~ !~r~ ,,'" p 0:!1fl @) @S ~ p o z ~ ~ iiI ~ ;; ~ C\. is ~3 --=c ~'" " ~~ ~~I ~~ "''''Ii ~ ctti........".".,.fI1ofll' GOPH~R S1 A IT ONU& .",~ till.. ltoo 1.!'...,..COOl v",. t.. '... ,...flOC""I.."" I~O,Oro !II' l~ '10 \"UJ ffi-iffiti It) ShLU ~" , ;' 'A.RCCT ~co..,o "DOIn~ UOQ(1 1[1:0"'0 IDDI"CtoI (l'rC'1l. Usr 1'(""'1 'Yo n SITE NOreS ~ClPfr:~(J. tJ~a\h "~~~ 0~l~':~I~~I~~.t~~~n' nf( OOti~l..I:[wun 0' ,In: C.&O~C;. rUt .CON~'CJ'Oll' ""AU. ~ml,l.ft\v ~OTl"'" ~, tHa..n.. 0' tJ't"U'6wOC O~ VA~"'11()"S rROv 'nt[ Il\J.I'lt .....()I."t"'.'Cl"ISlJlt~'o"t(r.c:tl a !.HUt Ol'Mrq....6( HOTJ'C. 'UIl,&HO ev\ttWSIO'tS "V!JI' '0 noI( ttJ'ltll r1 'lACt'" ""un 0""'('''''11 tiO'1:0. ~C'~ N\l 'SIlt t-Q' .....''l~ '11J~ UNUS\ O'\oft~...SI 'I0'f0. .u. IIAM $.OloN.1. " ...G' Vt.t...tn PUD REQUIREMENTS .~yt~ c' COHOI"""",, TO"" ""O\o(t) "~4/.. 'va P\..A\l,. I, CUlt COA'ItLJ vnutc fWt "UlOUlD C'o'''-\.:I Y'I', OJ.lIICO I~O ""'OSC""CD 1$I.,lJ(Q'I. I. ltIonnllAIf COof...(c."'O"s ur "O~OtP. tv' \.t~ " 10 ru-r IJ,j llIIDT'W. ,. ~t 'UIl.'C IIIUJ' "' It CD'fSItlO(Q) "10M' 1IOt..", 1'lU .1(0' twC ""'WI" '\&lA. %IllZlllG ll!It!II .--............ ............--. .. ... -. -... .~. .... -- . -- - - .-....., ....... -- -- -- X I IY'tJI\1OUS .'''':OH y t lI,jjr'(llfIOlJ' P( oa>< I U.U rc- G-'( ON!......Ui.. " or ., ~ ) Jo'O ,," "UD ltf/l'olll 'u.ows rOil " f1(OUen~ rF lJ ICOlJI',O .a","wa STAUS. PA'oposto ""'(I" JTAt.U ~"'t.'(.N'S ,. .lCT)ucnO"f 0' 11,'~ ,..'~cu, 'i' ,. ,. lW't'''UjU1 ~ 'i' 'i' COt.lSl1lucttn / PARKING C.A.I.ULATIONS / ~U'l;)7~u~~~UI.," \1[101. 1fflrl' ".~"'4 'r~ln.to. 1I[f"'\/Cl~~'\' ~uc ~ "va ...It.""" III'(OU("ClH. VlIfIWW '''1I'11rI0 ItCV'Ir.n -- '\111,,1)''' wru. ~ ~e OIlJ .~o ~ i fl...~1ol0 ~,:" ~ j "ANCI(O uno ~ ~ 'CDCSTlJUl ....', to I c..OJDIl" or SlOC-'Ui'. LEGEND ",",",uc ,.-".. ...-.... ...... DWP""""",. ....- -"" ......."...,.. ZONING \tOI.&. O(s,..,r~nQ": OII'U.o lQHI""',: "'UJlOSl.O t\l~.." .'1"" ,ernir ~A(t ,utA. ~~NCl ~""om ."i1'imi. "e-,r~r .....,... PI!O\IOtll ifilfi \ \. 'I'\~\ \ \ \"- \ \ \ \ \ I + ~;; 'LIQ1 uS( ME JlCTi,l' \ SECTION A~A \' \ \ ) \ ;' \ "" "- '\., \ I,or / I I I I ) / / --j I IJ I I I /'1 I .!~ ~ U ~L~ ~rs ~..I_~ Fig ure 3 PROPOSED SITE PLAN SUPERTARGET EXPANSION TRAFFIC STUDY City of St. Louis Park 0045059 April 2004 I I I I I I I I I I I I I I I I I I I Julie Grove - 7 - May 6~ 2004 Table 2 Trip Generation Estimates 2003 ITE Trip Generation Reports Land Use P.lVl. Peak In {)ut 351 365 337 338 14 27 Daily Trips Free-Standing Discount Superstore Free-Standing Discount Store Difference 9,101 7~475 I ~626 Table 3 Trip Generation Estimates for Target Stores Target-'Developer's Guide, Edition 2.4 Land Use P.M. Peak In Out 405 405 337 338 ' 68 67 SuperTarget Target Difference Daily Trips 9~OOO 7 ~500 1,500 .In addition to the trips that were ,gel)erated for the proposed SuperT~get, additional traffic was included in the year 2006' build, conditions to account for ,chang~s 'that are planned in the KnolIwood Mall. The 'year 2006 p.m. peak bour traffic forecasts include traffic from the proposed relocation ofBally~s Total Fitness, which would occupy approximately 29~OOO square feet in ,the KnolJwood Mall, and a proposed expansion of the eXisting T.J. Maxx store' (21,227 square feet) in the mall. The directional trip distribution for the proposed site-generated trips is based on existing travel patte~s in the area (see Figure 4: Directional Distribution). The combination of background traffic and trips generated by the proposed Super Target and KnolIwood Mall expansions resulted in the year 2006 build traffic forecast volumes shown in Figure 5. Year 2006 Build Conditions To determine how well tbe existing roadway system will accommodate year 2006 build conditions, a p.m. peak hour operations analysis was conducted. Signalized intersections were analyzed using the Synchro/SimTraffic software and the un signalized intersection was analyzed using the Highway Capacity Software. As shown in Table 4, all key intersections are expected to operate at an acceptable level of service under year 2006 build p.m. peak: hour conditions, with existing geometries and traffic controls. 1M I 0045059 Apnl2004 COHSUL'tINGGmur.1Nc DIRECTIONAL DISTRIBUTION SUPERTARGET EXPANSION TRAFFIC STUDY City of Stlouis Park Figure 4 ~\ ~\ 0- ....... ~ lAI~-..J yv 3 -.- -'.. .J . 1st ST. 0101.0 .i- 25 N~~ )~ '\85 i- ;20 ~ 85 101.010 ~ ..--: ~'f .- 95 50 J.. 225~ 25~~ ~( 90-' 0100 'ui ~ ~ . $ ~ T(3ifiC Signa' () '" sjde-SlJeet SlOP contrO' 0.. Figure ~ -- I I I I I I I I I I I I I I I I I I I .. Julie Grove -10 - May 6~ 2004 Table 4 Year 2006 Build P.M. Peak Hour Capacity Analysis Level of Service Results Level of Service P.M. Peak 36th StreetIBoone A venue A 36th Street! Aquila Avenue A Aquila A venuelNorth Knollwood Mall Access * NB Aquila Avenue/37th Street C TH 7/Aquila Avenue D * Indicates an unsignaJized intersection. The overall LOS is shown followed by tbe worst approach LOS. Intersection The intersection of TH 7/AquiJa Avenue was optimized under the build condition to accommodate the increase in traffic volumes. Existing signal timing was used for the analysis of all other signalized intersections. SRF Consulting Group will be completing a signal timing study for the TII 7 corridor this summer. The limits of tbe study extend from TH 100 in the City of St. Louis Park to TII 41 in the City of Shorewood. In coordination with this study, the existing and future traffic volumes with the proposed redevelopment will be considered at the intersection of TH 7/ Aquila A venue to dete~ne the optimum signal timing. Although the results of the year 2006 build p.m. peak hour conditions show that all key iriters~tions :will oPerate at an acc~ptable overall LOS D or better, ~ sensitivity analysis was conducted for the intersection of TII 7/ Aquila Avenue. The sensitivity anaIy~is was completed to. account for a suspected under-utilization of the existi'~g Target store. Th~ existing store was bmlt in 1961, and was one of the fU'St Targets to be constructed. Due to the age of this store and proximity to other Target stores in the area, we feel that the current Target store generates fewer trips than a new Target store. Based on the Developer's Guide, a new Target store generates 7,500 daily trips. For analysis purposes, we assumed the existing Target store generates 20 percent fewer, or 6,000 daily trips. This assumption doubles the trips that would be generated fpf the propQsed expansion to a Super Target. Based on tbis conservative analysis approach, the intersection of 1H 7/ Aquila A venue will continue to operate at an acceptable LOS D under year 2006 p.m. peak. hour conditions. Site Plan Review A review of the existing site access and internal roadway system was completed for the proposed Super Target. Based on this review, it is recommended that a main drive aisle extended from 37th Street is provided for the entire segment. Currently, the site plan shows that the curb line extends the full length of this drive aisle on the south side, but only extends half-way on the north side. To prevent motorists tbat are entering the site from conflicting with drivers backing out of those parking stalls, we suggest curb be placed along the entire length of the north side of the drive aisle. Although this would require the elimination of 20 parking spaces, it would provide safer and more efficient operations for vehicles entering and exiting the site. I. I I I I I I I. I I I I I I I I I I I Julie Grove - 1 I - May 6~ 2004 Another improvement that should be considered is modification of the existing parking on the north end of the site plan, in front of the various retail stores north of Target. The site plan shows a mix of 90-degree and angled parking. For consistency purposes, we recommend that the parking be modified to provide all 90-degree parking. This will be less confusing to drivers as they cixculate through the site. Summary and Recommendations The expansion of the existing Target store to a Super Target is proposed in the northeast corner of TH 169 and TH 7 in the City of Sf. Louis Park. The existing store would be remodeled from 133,438 square feet to 184,938 square feet. Based on this traffic analysis, the following conclusions and recommendations are offered for your consideration: All key intersections currently operate at an acceptable LOS p or better during the p.m. peak. hour, with existing traffic controls, signal timing and geometric Jayout. . Based on field observations of existing conditions, 22 right-turning vehicles from southbound Aquila Avenue to westbound TII 7 missed the "free" right turn loc;lted north of the intersection and instead made their turn at the signal. This movement may create an unsafe condition for drivers and pedestrians traveling through this intersection, as. observed during the tumi~g movement counts.. It is recommended that the City..request MnlDOT to install a "No Right-Turn" sign for southbound Aquila Avenue at TH 7 to prohibit drivers from making this turn at the .signal. In addition, the City should consider replacing the existing sign stating "TO WEST 7" with a right arrow to a larger Type ''On Guide Sign (green backgroUnd with white lettering) stating "WEST TII T' with a diagonal arrow. This type of sign will draw more attention and reinforce that it is not a conventional right turn. In addition, a "Double Arrow" W12-1 sign should be placed at the nose of the right-turn island to draw more attention to the turn. . Under year 2006 build conditions, all key intersections will continue to operate at an acceptable LOS D or better during the p.m. peak bour, with existing geometrics and traffic controls. Modification of the signal timing at the TH 1/ Aquila A venue intersection should be considered for year 2006 build conditions to accommodate the proposed redevelopment in the area. The increase in traffic volumes at this intersection will be considered in tbe TH 7 corridor signal timing project that SRF Consulting Group will be completing this summer. I I I I I I I I I I I I I I I I I I I . .. ~ Julie Grove - 12- May 6, 2004 Although the results of the year 2006 p-m. peak hOUT build conditions show that all key intersections wi]] operate at an acceptable LOS D or better with the proposed expansion~ a sensitivity analysis was conducted for the intersection of TH 7/Aquila Avenue. The analysis assumed tbat the existing Target Store is under-utilized, and experiences 20 fewer daily trips than indicated in the Developer:t s Guide. With tbis assumed reduction in the existing trips from the site, the increase in trips between the existing Target and a Super Target is approximately double of that shown in the Developer7 s Guide. With this conservative approach:t the intersection of 1H 7/Aquila Avenue win continue to operate at an acceptable LOS D or better during the p.m. peak hour. . Based on a review of the current traffic circulation of the proposed Super Target, modification of the drive aisle extended from 37th Street is recommended for better on- site circulation. To provide a main drive aisle for drivers entering/exiting the site, 20 parking spaces should be replaced with curb to provide a continuous curb line on the north side of the main drive aisle. This will provide safer and more efficient operation for vehicles entering/exiting the site. In addition, modification of the existing parking on the north end of the site should be considered to eliminate the mix of" 90-degree and angled parking. I I I Updated December AUAR Traffic Impact Study November 27, 2006 I I I I I I I I I I I I I I I I Appendix D 1. Memorandum to Steve Stadler and Jim Kerrigan, City of Hopkins Re: Opus / SuperValu North Annex Redevelopment RLK Incorporated January 31, 2006 2. Email from Shannon Smith, City of Hopkins to John Dietrich, RLK February 7,2006 RLK Inc. G:\City of Hopkins'l006-032-M"Jechnical DataITraffic\report\2006-1 1- I 4 Updated SitelFinal TIS 11.27.doc North Annex Site Updated AUAR 2006-032-M I I I I I I I I I I I I I I I I I I I "" RI.K Engineering. Landscape Architecture · Planning · Surveying · Traffic ( INCORPORATED) "'-...../ Creating extraordinary Communities MEMORANDUM TO: Steve Stadler, Public Works Director, City of Hopkins Em: sstadler@hopkinsmn.com Jim Kerrigan, Economic Dev. Director, City of Hopkins Em: jkerrigan@hopkinsmn.com COPY: Rocky Rochenstein, Faegre & Benson Dave Bangasser, OPUS Northwest LLC Dave Menke, OPUS Northwest LLC Michele Caron, PE Em: wrockenstein@faegre.com Em: dave.bangasser@opuscorp.com Em: dave.menke@opuscorp.com Em: mcaron@rlkinc.com FROM: Vem Swing, PE - Transportation Em: vswing@rlldnc.com DATE: January 31,2006 RE: OPUS I SUPERV ALU North Annex Redevelopment Traffic Adjustment RLK Incorporated Project No. 2006-032-M As a follow up to the meeting with City Staff on the background and future redevelopments within the vicinity of the North Annex property, RLK offers the following information on each of the sites and lor redevelopments, and requests Staff concurrence. · Block 64 (Mainstreet, First Avenue, Fifth Avenue, Sixth Avenue) RLK has reviewed the SRF Traffic Study dated March 23, 2005. When the proposed 272-unit senior housing I 8,800 square feet of commercial is compared to the existing traffic, the proposed development is at or below current generation. RLK proposes no adjustment for Block 64 to provide a conservative analysi~. · Sixth to Eighth Avenues Cornerstone Proposal The current property has vacant structures; hence, no existing generation; proposed use is: 53 condominium units, 9 townhome units, 4,500 square feet of new retail. These above totals will be added to the background. · Alliant Tech Property RLK has contacted the Beard Group requesting a breakdown on the building and its percentage of occupancy. Upon receiving a response, a memo to all will be prepared as to the status of the property. Offices: Hibbing · Minnetonka .. Hom lake .. Twin Ports (952) 933-0972 .. 6110 Blue Circle Drive.. Suite 100 .. Minnetonko, MN 55343 . FAX (952) 933-1153 Equal Opportunity Employer I I I I I I I I I I I I I I I I I I I OPUS / North Annex Redevelopment Traffic Adjustment January 31. 2006 Page 2 012 Hopkins Honda Opened in Fall 2005 at the former Knox Lumber site. Included in background traffic, will there be anticipated reuse of the fonner Hopkins Honda site? · Regency and Parkside Residential on Second Avenue Completed over the past year. Included in existing traffic; therefore, no adjustment to traffic count is necessary. · SUPERV ALU Warehouse Expansion RLK contacted Bob King of SUPERV ALU and discussed any adjustments to the daily traffic, which have been made. due to the expansion of the warehouse at 300 Second Street. The comments from Bob King were: No change to the general merchandise, frozen or dairy products. The dry grocery volume has been split between the Bloomington store and the warehouse east of 169; however, the dry grocery will be shifted back to Hopkins in Fall 2006 or Winter 2007. Estimated an additional 60 semi-trucks would need to be added to the traffic background distributed over a 24-hour day. Estimated 225 employees would shift back to Hopkins, as well. The 225 employees are the total number of employees for three equal shifts over a 24-hour, seven-day workweek. (225 divided by 3 equals 75). RLK will add 75 vehicle trips to the daily background traffic. · Target Knollwood Remodel to a SuperTarget During the approval of the Knollwood Target, the City of St. Louis Park contracted SRF to perform a traffic study~. The May 2004 report includes counts at the Highway 7 I Blake Road intersection. RLK will utilize the 2004 counts and pro-rate the 2006 counts, if necessary. A SuperTarget has a daytime peak hour of 7:00-8:00 p.m. and on the average (based on SRF study) generates an additional 1,500 vehicle trips per 24-hour period. The SRF report indicated an additional 135 trips would be generated in the pm peak. Eighty percent of the trips to Target will flow through the Highway 7 / Blake Road intersection. An additional 108 peak hour trips will be distributed to the intersection in the build scenarios. A copy of the May 2004 SRF report is attached for reference. · Hopkins School District Bus Depot The Hopkins School District is proposing a bus garage on Seventh Street west of 11 th Avenue. The project is not approved, but if it moves forward, up to 120 school buses will leave the site between 6 a.m. and 8 a.m. The majority will be out by. 7 a.m. The buses will return between 3 p.m. and 8 p.m. The route is Seventh Street to 11 th Avenue to Excelsior Boulevard. The routes split three ways with the eastbound to Highway 169, the heaviest movement. Highway 169 and Fifth Avenue will be the north I south routes for distribution. RLK is awaiting a report by Benshoof to verify any increase in bus trips at the Excelsior Boulevard I Highway 169 ramps. Upon receipt of Benshoof study, RLK will prepare a memo to all suggesting modification to background conditions as appropriate. · Transit Station - Blake Road I Excelsior Boulevard RLK is requesting the City of Hopkins to provide an assessment of this project and the anticipated year of development. RLK will not include a traffic growth factor on this site until the City defines the parameters. Enclosure: SRF Traffic Study for SuperTarget Expansion dated May 6, 2004 O:\Opns Northwest LLC\2006-032-M\ _ Correspondence\Traffic Corres\Memo traffic adjustment Ol-31-06.doc I I I I I I I I I I I I I I I I I I I From: To: Date: Subj ct: Shanoon Smith <ssmith@hopkinsmn.com> "'Jdietrich@rlk-kuusisto.com'" <Jdietrich@rlk-kuusisto.com> 2/7/20069:10:35 AM FROM JIM KERRIGAN, CITY OF HOPKINS RE: FW: Opus/North Annex Redevelopment Below are Jim Kerrigan's responses to your inquiry. 1. Town & Country Dodge JIM: Don't know yet; 4% acres. 2. Hopkins House condos JIM: 54 condos; 2006 3. Halley's 1 and 2nd JIM: 16 I, 2006; 14-16 II, start summer 2006 4. Oak Ridge Lofts/Condos JIM: 23 units, start 2006 5. Marketplace Lofts JIM: 53 condos, 9 townhomes, start 2006 -----Original Message----- From: John Dietrich [mailto:Jdietrich@rlk-kuusisto.com] Sent: Monday, February 06, 2006 1 :49 PM To: jkerrigan@hopkinsmn.com Cc: wrockenstein@faegre.com; dave.bangasser@opuscorp.com; Michele Caron; Vernon Swing Subject: Opus/North Annex Redevelopment Jim, Last Thursday RLK sent to you and Steve Stadler a memo on the projects which were on the top of your list as having a redevelopment potential. There are a couple of more projects which we do not have information on and I would like your assessment as to whether or not we need to look at them as adjustments for the background traffic data. Pis respond with your assessment ( number of units/ amount of Sq. Ft./ year of completion) on the following; 1. Town and County Dodge Redevelopment Hwy. 7 and 73 2. Hopkins House Condos Hwy 7 and 73 3. Halley's 1 and 2nd. Hwy 7 4. Oak Ridge Lofts! Condos Hwy. 73 and 5th S1. N 5. Marketplace lofts 7th and Mainstreet. Thanks John John Dietrich, ASLA RLK Incorporated Phone 952-933-0972 Fax 952-933-1153 jdietrich@rlkinc.com All RLK Incorporated staff should be aware that all e-mail messages and attachments are being scanned for viruses and content.