HomeMy WebLinkAboutCity Council - 06/17/2003AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOPJFORUM
TUESDAY, JUNE 17,2003 CITY CENTER
5:OO - 6:25 PM, HERITAGE ROOM 11
6:30 - 7:OO PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman, and
Philip Young
CITY STAFF:
City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works
Director Eugene Dietz, Director of Parks and Recreation Bob Lambert, Management and Budget
Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
I. CALL MEETING TO ORDER
11. APPROVAL OF AGENDA
111. DISCUSSION TOPICS
A. LEGISLATIVE UPDATE
IV. OTHER TOPICS
Council Chamber
VI. OPEN FORUM (Scheduled participants, 6:30-7:00 p.m.)
VII.
VIII. ADJOURNMENT
OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 17,2003 7:OO PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan
Mosman, and Philip Young
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works
Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen,
City Attorney Ric Rosow and Council Recorder Theresa Brundage
I. ROLL CALL / CALL THE MEETING TO ORDER
11. PLEDGE OF ALLEGIANCE
111. COUNCIL FORUM INVITATION
IV. CERT CERTIFICATE CEREMONY
V.
VI. MINUTES
APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
A.
B.
COUNCIL WORKSHOP HELD TUESDAY, JUNE 3,2003 (p. 1)
CITY COUNCIL MEETING HELD TUESDAY, JUNE 3,2003 (p. 4)
VII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST @. 14)
B. ADOPT RESOLUTION APPROVING FINAL PLAT OF WILLIAMS PLACE
(3. 15)
C. THE BLUFFS AT PURGATORY CREEK by O’Catarais, LLC. 2nd Reading for
Planned Unit Development District Review with waivers on 10.55 acres and Zoning
District Change fiom Rural to R1-22 on 10.55 acres. Location: North of the
terminous of Center Drive. (Ordinance for PUD District Review and Zoning
District Change) @. 18)
D. PRAIRIE CENTRE TOWN OFFICE PARK F&D Holdings, LLC. 2nd Reading
for Planned Unit Development District Review on 1.8 acres, Zoning District Change
from Rural to Office on 1.8 acres, and Site Plan Review on 1.8 acres. Location:
Aztec Drive, south of Anderson Lakes Parkway. (Ordinance for PUD District
Review, Zoning District Change, Resolution for Site Plan Review) @. 47)
E. ADOPT RESOLUTION AWDING CONTRACT FOR C€€A.RLSON AREA
IMPROVEMENTS - PHASE IV, I.C. 02-5566 @. 67)
CITY COUNCIL AGENDA
June 17,2003
Page 2
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR
CONSTRUCTION SURVEYING AND STAKING FORTH 212
RECONSTRUCTION AT BRYANT LAKE DRIVE AND VALLEY VIEW
ROAD (CSAH 39), I.C. 01-5543 lp. 71)
G. APPROVE TEMPORARY EASEMENT AGREEMENT WITH MAC FOR
CHARLSON AREA IMPROVEMENTS 0.80)
VIII. PUBLIC HEARINGS / MEETINGS
IX. PAYMENT OF CLAIMS lp. 138)
X. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4,
RELATING TO THE HOURS LIQUOR MAY BE SERVED 0. 146)
XI. PETITIONS, REQUESTS AND COMMUNICATIONS
A. PETITION TO EXTEND THX USE HOURS FOR THE BASKETBALL
COURT AT FRANLO PARK 0. 149)
XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS !
-. XIII. APPOINTMENTS
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR
1.
REPORT OF PARKS AND RECREATION DIRECTOR
REPORT OF PUBLIC WORKS DIRECTOR
2002 COMPREHENSIVE ANNUAL FINANCIAL REPORT 0. 183)
D.
E.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, JUNE 3,2003 CITY CENTER
5:OO - 6:25 PM, HERITAGE ROOM I1
6:30 - 7:OO PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman, and
Philip Young
CITY STAFF:
City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works
Director Eugene Dietz, Director of Parks and Recreation Bob Lambert, Management and Budget
Director Don Uram, and Recorder Lorene McWaters
Heritage Room II
I. CALL MEETING TO ORDER
Councilmember Butcher was absent.
11. APPROVAL OF AGENDA
111. DISCUSSION TOPICS
A. STRATEGIC PLANNING UPDATE
City Manager Neal noted that Council began work on revising the strategic plan
at two special meetings in February. Council also provided input on a draft plan
at an April 8 Workshop. Michael Barone, Assistant to the City Manager,
incorporated those suggestions and distributed a revised draft to the Council and
Department Directors the week of May 26 along with a request for additional
input. These suggestions were presented at the Workshop for fixther discussion.
VISION STATEMENT
Councilmember Mosman suggested a slight revision to the vision, saying she is
not comfortable promoting Eden Prairie as a place to predominantly “to shop.”
Council agree to change the statement to read, “Eden Prairie is a vibrant city
characterized by the thoughtful integration of natural beauty and physical
development that creates a highly desirable place for its residents and businesses.”
I
MISSION STATEMENT
Council made no changes to the proposed mission statement, “The Eden Prairie
city government will foster respect for the past, plan for the future, and deliver
high quality public services that contribute to a strong sense of community.”
KEY OBJECTIVES
The first three key objectives were approved by Council at the April Workshop.
They are:
1. The City will preserve and enhance Eden Prairie’s high quality of life.
2. The City will deliver high quality public services effectively and efficiently.
3. The City will create and promote a positive community identity.
Proposed Key Objective 4 stated, “The City will manage its resources prudently
and conservatively.” Council agreed to change the statement to read, “The City
will manage its resources responsibly.” Mayor Tyra-Lukens said she preferred
this version because of the simplicity of the statement.
Proposed Key Objective 5 stated, “The City will strengthen the abilities of its
elected and appointed leaders to serve the residents of the community according
to the principles of representative democracy.” After some discussion, Council
agreed to eliminate this statement altogether. City Manager Neal agreed that this
statement should be eliminated since portions of it are covered elsewhere in the
plan.
CORE BELIEFS
Councilmember Case questioned the process by which the core beliefs were
chosen and are being discussed. He said it is his understanding that in a core
belief, every single word is important - so it is critical to make sure everyone
agrees on them. He suggested holding a Saturday workshop to hash through this
process. Mayor Tyra-Lukens said she felt fairly comfortable with the list of
values, and said she feels they generally reflect the Council’s beliefs. City
Manager Neal said he views the core beliefs as a directive from Council to staff to
“Go do your work, but make sure you do it in a way that is in line with the core
beliefs.” Case said that in reviewing the core beliefs, there is nothing he has
serious objections to.
The proposed core beliefs were:
We believe in. . .
1.
2.
3.
4.
The Constitution of the United States and the State of Minnesota.
The Charter of the City of Eden Prairie, Minnesota.
Representative and participatory local government.
The value of public service, both paid and voluntary.
a
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
A commitment to high ethical standards of behavior.
Civility and mutual respect.
The value of diversity in all aspects of our organization.
Anticipating the needs of our citizens and planning to meet those needs.
Fiscally conservative management philosophies and practices.
The duty of the government to regularly inform its citizens of its actions.
The principle that government should do those things that are necessary for
the health and safety of community that citizens cannot, or will not, do
effectively as individuals.
Innovation in government with a preference for incrementalism over
quantum change.
The principle of sustainability when making public policy decisions.
Strategic partnerships with other public or private organizations that will
enable the City to accomplish its mission.
Council agreed to retain 1,3,4,6,7,8, 10, 12 13 and 14 unchanged. They
eliminated 11 and added a new core belief, “The value of different levels of
government, and recognize that the City cannot, or should not, assume the role of
others in service delivery.”
Core Belief 2 was revised to, “The Codes and Ordinances of the City of Eden
Prairie, Minnesota.”
Core Belief 5 was revised to, “Adherence to high ethical standards of behavior.”
Core Belief 9 was revised to, “Careful evaluation of fiscal implications of our
public policy decisions.”
Core Belief 10 was revised to, “The responsibility of government to inform
citizens of its actions.”
Neal said the next step would be for staff to begin work on specifics of how the
strategic initiatives will be fulfilled.
IV. OTHER TOPICS
Outside City Center
V. RIBBON CUTTING CEWMONY FOR NEW LADDER FIRE TRUCK -
RATHER TIM (6:30-6:50 p.m.)
Council Chamber
VI. OPENFORUM
Open Forum was not held due to the ribbon cutting ceremony for the new fue truck.
VII. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
John Mallo addressed the Council regardbg the City’s membership in the Municipal
Beverage Association. Mallo noted that two years ago the City allocated $10,000 to
3
MBA to lobby against the Wine in Liquor Stores legislation. Mallo said most members
of MBA are liquor producers, not municipalities. He also questioned some of MBA's
other stands on issues that appear contrary to the City's, such as the lowering the legal
driving BAC to .08 (which MBA opposes) and regulating smoking in restaurants and bars
(which MBA opposes). Mayor Tyra-Lukens said these issues are of concern and asked
that staff look into these issues and report back to Council.
VIII. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 3,2003 7:OO PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Ron Case, Jan Mosman, and
Philip Young
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works
Director Eugene Dietz, Management and Budget Director Don Uram, Senior Planner Scott Kipp, City
Attorney Ric Rosow and Council Recorder Theresa Brundage
I. ROLL CALL / CALL THE MEETING TO ORDER
11. PLEDGE OF ALLEGIANCE
111. COUNCIL FORUM INVITATION
Mayor Tyra-Lukens announced that the City Council provides an Open Forum opportunity
for Eden Prairie citizens to address the Council on issues related to Eden Prairie city
government on the first and third Tuesday of each month fiom 6:30-6:50 p.m. in the Council
Chambers immediately prior to the start of the City Council’s regularly scheduled meetings.
Open Forum is reserved for scheduled participants. If you wish to speak to the Council
during Open Forum, please contact Ms. Lorene McWaters in the City Manager’s office by
calling 952.949.8412 by noon of the meeting date with your name and the subject matter you
wish to address.
She said the Council also provides an impromptu, unscheduled Open Podium opportunity for
citizens to address the Council concerning issues related to Eden Prairie city government
fiom 6:50 to 7:OO p.m. immediately following Open Forum.
Open Forum and Open Podium are not recorded or televised. The City Council reserves the
right to adjust the time allocations for Open Forum and Open Podium. If you have questions
about the process or procedures of Open Forum or Open Podium, please contact the City
Manager’s office.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
City Manager Scott Neal asked that Council remove Consent Calendar Item VLJ.
MOTION: Mosman moved, seconded by Case, to approve the Agenda as published and
amended. Motion carried 4-0.
Neal asked that the agenda be amended to add a public hearing on Heritage Preservation Site
Aleration Permit - Riley-Jacques Farm, as Item VII.C. Neal said this hearing will be
continued to a meeting in July, 2003.
CITY COUNCIL MEETING
June 3,2003
Page 2
MOTION: Case moved, seconded by Mosman, to approve the Agenda as published and
amended. Motion carried 4-0.
V. MINUTES
A. COUNCIL WORKSHOP HELD MAY 20,2003
MOTION: Young moved, seconded by Mosman, to approve as published, the
Minutes of the Council Workshop held May 20,2003. Motion carried 4-0.
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 20,2003
MOTION: Case moved, seconded by Mosman, to approve as published, the Minutes
of the City Council Meeting held May 20,2003. Motion carried 4-0.
VI. CONSENT CALENDAR
A. CLERK% LICENSE LIST
B. THE COVE 2ND ADDITION by Rick Lamettry. 2nd Reading for Planned Unit
Development District Review within the R1-22 Zoning District with waivers on 3.2
acres. Location: 6861 and 6871Beach Road. (Ordinance No. 15-2003-PUD-6-2003
for PUD District Review, Zoning District Amendment)
C. WEDDING DAY JEWELERS by Marquis Jewelers. 2nd Reading for Planned Unit
Development District Review on 0.68 acres, Zoning District Amendment within the
Commercial-Regional-Service Zoning District on 0.68 acres, and Site Plan Review on
0.68 acres. Location: 8320 Crystal View Road. (Ordinance No. 17-2003-PUD-8-
2003 for PUD District Review, Zoning District Amendment, Resolution No.
2003-94 for Site Plan Review)
D. ADOPT RESOLUTION NO. 2003-95 APPROVING FINAL PLAT OF
MITCHELL CROSSING 2ND ADDITION
E. ADOPT RESOLUTION NO. 2003-96 APPROVING FINAL PLAT OF THE
PINES AT SETTLERS RIDGE 2ND ADDITION
F. ADOPT RESOLUTION NO. 2003-97 APPROVING FINAL PLAT OF EAGLE
RIDGE AT HENNEPIN VILLAGE ONE
G. ADOPT RESOLUTION NO. 2003-98 APPROVING AGREEMENT WITH
HENNEPIN COUNTY FOR VALLEY VIEW ROAD/TH 212 PROJECT, I.C. 01-
ss43
H. AUTHORIZE MAYOR TO WRITE A LETTER TO TWIN CITIES &
WESTERN RAILROAD COMPANY TO REQUEST AN EASEMENT
I. DECLARATION OF SURPLUS PROPERTY
5
CITY COUNCIL MEETING
June 3,2003
Page 3
VII.
J. AWARD CONTRACT FOR CITY CENTER PARKING LOT
IMPROVEMENTS TO DMJ CORPORATION
MOTION: Mosman moved, seconded by Case, to approve Items A-I of the Consent
Calendar. Motion carried 4-0.
PUBLIC HEARINGS / MEETINGS
A. WOODDALE CHURCH MASTER PLAN by Wooddale Church. Request for
Planned Unit Development Concept Review on 3 1.07 acres, Planned Unit
Development District Review on 3 1.07 acres, Zoning District Amendment in the
Public Zoning District on 3 1.07 acres, and Site Plan Review on 31.07 acres. Location:
Shady Oak Road and Bryant Lake Drive. (Resolution No. 2003-99 for PUD
Concept Review, Ordinance for PUD District Review, Zoning District
Amendment)
City Manager Scott Neal said official notice of this public hearing was published in
the May 22,2003, Eden Prairie Sun Current, and sent to 27 property owners. He said
this project is amendment of the 1988 approved plan and changes to the approved
plan are relocation and enlargement of the existing pond; construction of 227
additional parking spaces; and a reduced setback to parking along Bryant Drive from
70-80 feet to 50 feet.
Neal said the Community Planning Board voted 7-2 to recommend approval of the
project at its April 28,2003 meeting, subject to revising the plan for a 50-foot setback
to parking along Bryant Lake Drive, with a 7-9 foot berm, and plantings. The plans
have been revised according to the recommendation of the Community Planning
Board.
He said the approved plan is a 70- to 80-foot parking setback from the right of way of
Bryant Lake Drive. The code setback is 25 feet. The reason for the larger setback is
to screen views of surface parking and f?uture parking deck, as required by code, and
to help reduce the visual impact of the height of the church. In 1988 Wooddale
Church received a building height waiver from 75 feet to 200 feet.
Within the 70- 80-foot approved setback, there is a mass of the cottonwood and elm
trees. In 1988, the majority of trees did not meet the 12 inch minimum requirement
for being designated as significant trees, and therefore not subject to replacement.
However, since the existing tree mass would screen parking and view of the building
height, the City required the tree mass to be replaced. The approved master plan
includes a reforestation plan of maple and birch trees and no berming.
Neal said the plan submitted to the Community Planning Board proposed a 25-foot
setback to parking. The 25-foot setback did not provide enough room for plantings to
achieve the required screening. The staff report suggested a 50-foot setback to
parking with a 7-9 foot berm and plantings. The 50-foot setback to parking, with a
berm and trees will be as effective as the approved 70 - 80 foot setback.
CITY COUNCILMEETING
June 3,2003
Page 4
This summer Wooddale Church will also be constructing the 1988 approved
education addition. The two-story addition is approximately 20,000 square feet. Since
this addition is part of the approved master plan and consistent in size, location and
architecture no action is required by the City Council.
Neal introduced Scott Kipp, Senior Planner, who will answer questions regarding this
item. Kipp said the construction of additional parking and the large pond is normally
handled administratively by stafT, but because this is part of a 1988 development
agreement, a change requires Council approval. He said the revised plan, approved by
the Planning Board, shows the 50-foot setback and the berm and tree replacement.
There were no comments fiom the public.
MOTION: Case moved, seconded by Mosman, to close the Public Hearing;
and adopt the Resolution No. 2003-99 for Planned Unit Development Concept
Review on 3 1.07 acres; and approve lSf Reading of the Ordinance for Planned
Unit Development District Review with and Zoning District Amendment in
the Public Zoning District on 3 1.07 acres; and direct Staff to prepare a
Development Agreement incorporating Staff and Board recommendations and
Council conditions; and direct staff to issue a Land Alteration Permit to
Wooddale Church. Motion carried 4-0.
B. PONDS EDGE by LandGeeks, LLC. Request for Planned Unit Development
Concept Review on 8.63 acres, Planned Unit Development District Review with
waivers on 8.63 acres, Zoning District Change from Rural to R1-13.5 on 7.16 acres,
Zoning District Amendment within the R1-13.5 District on 1.47 acres, and
Preliminary Plat of 8.63 acres into 15 lots, one outlot, and road right-of-way.
Location: South of Pioneer Trail, west of Stable Path. (Resolution No. 2003-100 for
PUD Concept Review, Ordinance for PUD District Review, Zoning District
Change, Zoning District Amendment, Resolution No. 2003-101 for Preliminary
Plat)
City Manager Scott Neal said official notice of this public hearing was published in
the May 22,2003, Eden Prairie Sun Current, and sent to 46 property owners. He said
this project is for 15 single-family lots and four of the existing Stonegate lots adjacent
to Dane Drive are included in the proposal and will be reconfigured to work with the
development. All lots meet City Code for size and dimension. A PUD waiver is
requested for fiont yard setback from 30 feet to 25 feet for Lots 13, 14, and 15, Block
1, adjacent to the existing wetland.
Neal said the plans have been revised according to the staff report, except for
relocating the required 95 caliper inches of tree replacement outside of Outlot A.
This revision will need to take place prior 2"d Reading for the project. The
Community Planning Board voted 9-0 to recommended approval of the project to the
City Council at the May 12,2003 meeting. The PUD waiver for fiont yard setback to
25 feet for lots 13, 14, and 15, Block 1 will provide additional distance fiom the
wetland, and is consistent with a lot in Stonegate where a similar waiver was
approved for a lot between a wetland and Stable Path. The wider 66-foot right-of-
CITY COUNCILMEETING
June 3,2003
Page 5
way of Stable Path along these lots will maintain a greater distance to the road than a
standard 50-foot right-of-way would provide. Neal said Outlot A will be dedicated to
the City and all tree replacement should be relocated outside of this outlot.
Kipp said the project is consistent with surrounding land uses and Staff supports the
waivers and recommends approval.
Case asked who owns the land north of Outlot A where there is a wetland boundary,
south of Poineer Trail, north of this development. He also said he is concerned that
there may be tree planting outside the ownership of this development. Kipp said that
is a separate ownership property and the wetland does dissect the property with the
only developable part on the northeast corner. He said none of the tree replacement is
proposed on that property; it is all on Outlot A.
There were no public comments.
MOTION: Mosman moved, seconded by Young, to close the Public Hearing;
and adopt the Resolution No. 2003-100 for Planned Unit Development
Concept Review on 8.63 acres; and approve 1st Reading of the Ordinance for
Planned Unit Development District Review with waivers, and Zoning District
Change fi-om Rural to R1-13.5 on 7.16 acres and Zoning District Amendment
within the R1-13.5 District on 1.47 acres; and adopt the Resolution No. 2003-
101 for Preliminary Plat of 8.63 acres into 15 lots, one outlot and road right-
of-way; and direct Staff to prepare a Development Agreement incorporating
Staff and Board recommendations and Council conditions. Motion carried 4-
0.
C. HERITAGE PRESERVATION SITE ALTERATION PERMIT - RILEY-
JACQUES FARM
City Manager Scott Neal said the Heritage Preservation Site Alteration Permit is for
the renovation of the Riley-Jacques Farm, including the barn, associated parking area
and park trail connections. The bran has a total of 4,400 square feet. The fhture use of
the building is to provide a flexible space for theatre, as well as various recreation
programs and rentable space for gatherings. Neal said Staff is reviewing the cost
estimates and funding for the renovation project, and will present this information at
the July 15,2003 meeting. He said this item was scheduled and posted for tonight’s
agenda, but Staff requests Council continue the public hearing to allow Staff to bring
the Council a more comprehensive proposal on financing and fbture operation.
Case asked if this public hearing follows recommendation fi-om the Heritage
Preservation Commission. Neal said it does and the commission has been notified of
the proposed public hearing schedule.
MOTION: Mosman moved, seconded by Case, to continue the Public Hearing to
July 15,2003. Motion carried 4-0.
CITY COUNCILMEETING
June 3,2003
Page 6
VIII.
Ix.
X.
XI.
XII.
XIII.
PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The
motion was approved on a roll call vote, with Case, Mosman, Young and Tyra-Lukens
voting “aye.’)
ORDINANCES AND RESOLUTIONS
PETITIONS, REQUESTS AND COMMUNICATIONS
REPORTS OF ADVISORY BOARDS & COMMISSIONS
APPOINTMENTS
REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION DIRECTOR
1. Appraisal for Shuldhiess Property
Parks and Recreation Director Bob Lambert reminded Councilmembers that
enclosed in their packets is a letter from Ernie Shuldhiess and an appraisal of
his property on Riley Lake Road. Mr. Shuldhiess owns one of two remaining
parcels within the proposed boundaries of Riley Lake Park. Mr. Shuldhiess is
offering to sell the property provided he is able to reside on the property for
the remainder of his life. The terms of the negotiation would have to address
issues such as payment of taxes, maintenance and upkeep of the property,
terms of the purchase agreement, and the purchase price. The property
located at 9291 Riley Lake Road is owned by the Shuldhiess family and is
now being offered for sale. Lambert said this property is also located within
the proposed park boundaries of Riley Lake Park, and staff believes it is
prudent to obtain an appraisal and make an offer based on the appraisal of this
property. The Park and Open Space System Plan anticipates eventual
acquisition of this property, as well as the adjacent parcel, therefore, this may
be an acceptable method of eventually acquiring the property.
Case asked if Mr. Shuldhiess would live in one residence, would it make
sense to rent the other residence until both could be taken down at the same
time, Lambert said it would make sense to do so and have a positive revenue
stream rather than it costing the City money.
Mosman asked if this would balance itself against other properties or
improvements or will the money come from elsewhere. Lambert said the
money would have to come from park dedication fees, and the City could also
CITY COUNCIL MEETING
June 3,2003
Page 7
apply for acquisition grants, but the best time to buy lakeshore properties is
when they're for sale and now is the time to look at this parcel.
MOTION: Young moved, seconded by Case, to authorize staff to obtain
appraisals of the two Shuldhiess properties located at 9281 Riley Lake Road
and 9291 Riley Lake Road, and to negotiate a life estate purchase based on a
City appraisal for the property located at 9281 Riley Lake Road and to
negotiate a purchase of the property at 9291 Riley Lake Road with the ha1
negotiated conditions reviewed and subject to approval by the City Council.
Case said Council decisions are made based on what is believed to be best for
the City with tax dollars spent on what is the highest priority. He said he
believes the price being paid for the land alone in this case might exceed the
value of houses purchased in the last 30 years. He said these decisions are
difficult, but the Council believes in the big picture and this is an important
decision. Motion carried 4-0.
2. Naming Park Site
Parks and Recreation Director Bob Lambert said this site is west of the Cedar
Hills Golf Course and east of the Cedar Forest neighborhood and has been
referred to over the years as either the Cedar Hills and Cedar Forest Park. He
said there is now a park plan for the area and it should be given a permanent
name. He said parks are sometimes named after features in the community,
neighborhoods, or a historic person that was prominent in the city.
Tyra-Lukens said the suggested name of Cedar Hills Park would be
appropriate because of the association to the golf course. Neal said
Councilmember Butcher had suggested Old Orchard Park as a possible name.
Case agreed that Cedar Hills would be an appropriate name because of the
golf course. He suggested honoring at some point the name Peterson and also
suggested the Park and Recreation Commission and HPC come up with a list
of possible names for future use.
MOTION: Young moved to name the neighborhood park site serving the
Riley Creek Ridge, Cedar Forest, Hilltop, Beverly Drive and Hennepin
Village Neighborhood as Cedar Hills Park. Motion carried 4-0.
3. Off-leash Dog Exercise Area
Parks and Recreation Director Bob Lambert said that after review of the
committee report and input fiom the neighbors, the Parks, Recreation and
Natural Resources Commission made the following recommendations at their
May 5th meeting: Move to recommend denial of Cedar Hills Park site as an off-
leash area on a 7-1 vote. Commissioner MacKay suggested that perhaps either a
smaller area within Cedar Hills Park might be acceptable or it might be
appropriate to consider it in the future. The other Commissioners disagreed
stating that Cedar Hills Park was inappropriate due to the terrain and the negative
environmental impact on that property. The Commission approved the Flying
lo
CITY COUNCIL MEETING
June 3,2003
Page 8
Cloud site on an 8-0 vote. The Commission also approved the use of all four
hockey rinks sites for one season and to revisit the “experiment” in December to
determine if it should be recommended as a permanent usage. This motion was
approved on a 7-1 vote. Commissioner Jacobus was in opposition as he opposed
encouraging any increased dog usage in neighborhood parks. The Commission
also voted unanimously to request the City Council to encourage Three Rivers
Park District to develop an off-leash area in Bryant Lake Regional Park. The
Commission suggested the north end of the park in the vicinity of the old riding
arena and recommended that staff continue discussions with staff fiom the
Metropolitan Airports Commission and BFI to evaluate possible sites for fbture
off-leash areas on their property.
Lambert said he spoke to representatives fiom Three Rivers Park District and
their staff will be recommending three additional sites within their parks
system, with one site within Bryant Lake Park. He said City Staff believes off-
leash areas will be more successful if there are more sites.
Tyra-Lukens asked about using hockey rinks on a trial basis. Lambert said
park rangers and maintenance staff may be asked to monitor the sites in terms
of how waste is removed. In addition, he said the sites would be well signed
with clear messages to users. He said cable would be added along fences to
increase height so animals do not jump over the fences.
Mosman said she is concerned that a hockey rink is not a good permanent
solution because there is no grass or trees, but it may be good as a temporary
site. She said she supports the first and third motions on tonight’s agenda, and
would revise the fourth motion to also seek off-leash dog areas within other
pubic areas of the City.
Case said he is not comfortable with the use in Cedar Hills Park because it is
next to a residential area. He said he supports off-leash areas and supports the
first, third.and fourth motions on tonight’s agenda.
Tyra-Lukens clarified that all four motions on the agenda are to be approved
or denied as one, not separately.
Mosman said objections to Cedar Hills Park that she has heard include noise,
smell and close proximity to back yards.
Tyra-Lukens expressed concern that if Council today denies the
recommendation of the Study Committee to utilize the MAC property referred
to as Cedar Hills Park as an off-leash dog exercise area (2nd motion), the issue
could be resurrected in three years. Lambert said that is possible, and his
concern is that there will be little wildlife or vegetation in this area if it is
fenced.
Young agreed that a hockey rink should be a temporary solution. He added
that he has been impressed with dog parks in some residential areas and is
generally in favor of honoring the proposed motions,
CITY COUNCIL RIEETING
June 3,2003
Page 9
Tyra-Lukens announced that this is not a public hearing and although a great
deal of information has been presented to the Council regarding this issue,
those with additional pertinent information are invited to speak.
Libby Hargrove fkom the ad-hoc committee for the off-leash park area
presented photos of an off-leash dog park at Cleary Lake that included an
entrance, fencing, children in the park and trails. She said pictures of an off-
leash area were not presented well at meetings with the Park & Recreation
Commission and she wanted to show a more attractive area. She said she is
disappointed that the Parks and Recreation Commission was not willing to
compromise. Hargrove said she does not believe the MAC property is very
pristine and asked the Council try to be innovative about possible placement
of a dog park on the property. She said hockey arenas and small parks are not
adequate.
Rob Phillips of 9377 Shetland Road spoke against the first motion and said his
property would abut the proposed dog park. He said safety is an issue
concerning possible dog bites and not all dogs are used to being around
children. He said Council approval of this use would be negligent. He said
there currently are 16 dog parks in the metro area, with only one that abuts a
residential area.
Lori Kyle of 7299 Ontario Blvd. said the properties belong to all of Eden
Prairie, and not just surrounding property owners should say what is best.
Mosman said she does not believe all wildlife would leave a fenced dog area.
She said 19 years of data fiom other parks has shown that no child has ever
been bitten. Mosman said the second motion should not be totally eliminated
and this is park property, not private property.
Neal summarized the process that led to the current options presented. He said
there was interest expressed in establishing a study, so the Parks Commission
appointed a study committee whose report was given to the Council. He said
the study committee’s recommendation was made to the Parks Commission
and a great deal of time was spent receiving testimony fiom those in favor as
well as adjoining property owners in the proposed areas. He said all four of
the motions are integral to the recommendation fkom the Parks Commission
and City Staff recommends adoption of all four motions.
Tyra-Lukens asked about the expense of fencing and signage at the sites. Neal
said additional fencing and signage at hockey rinks are $500 per rink. Lambert
said a gravel parking lot would probably be recommended at the Flying Cloud
site for the first 1-2 years of operation and with fencing, would probably be
between $7,000 to $8,000, and would be in the budget for 2004.
Case said he remains opposed to a dog park that abuts neighborhoods or
residential areas. He asked what the acreage is of the land south of Riley
Creek and wanted to know why Park & Recreation did not consider the 3-acre la
CITY COUNCIL MEETING
June 3,2003
Page 10
site along with the Flying Cloud site. Lambert presented a drawing of the
concept plan and said what is south is the old Atkins site with steep contours
making it difficult to get recreational facilities.
Mosman said it would be desirable to have a fee system for the dog parks. She
said past community surveys did not include dog park questions.
MOTION: Case moved, seconded by Young, to approve the off-leash dog
exercise area proposal as recommended by the Parks, Recreation and Natural
Resources Commission, including future development of an off-leash area
adjacent to Flying Cloud Drive south of Shady Oak Road, and on trial basis, in
the hockey rinks located at Crestwood Park, Edenvale Park, Homeward Hills
Park and Nesbitt Preserve Park; and deny the recommendation of the Study
Committee to utilize the MAC property referred to as Cedar Hills Park as an off-
leash dog exercise area; and authorize the Mayor to send a letter to Three Rivers
Park District urging their Board of Directors to strongly consider development of
an off-leash dog exercise area within Bryant Lake Regional Park; and authorize
staff to continue discussions with the MAC and BFI staff to determine if there is
any feasible location on property controlled by those agencies for an off-leash
dog exercise area.
Tyra-Lukens said she is not convinced that at some point another area cannot be
found to do this. She said a trial period is important for the Flying Cloud site and
hockey rinks.
Mosman asked about the possibility of permit fees. Lambert said he is not
supporting permit fees because of costs of monitoring.
Motion carried 3-1 with Mosman in opposition.
D. REPORT OF PUBLIC WORKS DIRECTOR
E. REPORT OF POLICE CHIEF
F. REPORT OF FIRE CHIEF
G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
MOTION: Case moved, seconded by Mosman, to adjourn the meeting. Motion carried
4-0. Mayor Tyra-Lukens adjourned the meeting at 8:44 p.m.
CITY COUNCIL AGENDA
SECTION Consent Calendar
I ITEM DESCRIPTION: 1 sERwCE AREA/DMS1oN: 1 Clerk's License Application List Pohce / C.O.P. Unit
DATE:
June 17,2003
ITEM NO.: mA
These licenses have been approved by the department heads responsible for the licensed activity.
Cigarette & Tobacco Products
Licensee Name: RBF Cop. of Wisconsin
(Formerly Rainbow Food Group, Inc.)
DBA: Rainbow Foods
i
New 3.2 Beer License - New Ownership
Licensee name: RBF Corp. of Wisconsin
(Formerly: Rainbow Food Group, hc. )
Dba: Rainbow Foods
1.
CITYCOUNCILAGENDA DATE:
DEPARTMENT:
roval of Williams Place
Requested Action
Move to: Adopt the resolution approving the final plat of Williams Place
Synopsis
This proposal, located south of Anderson Lakes Parkway, west of Homeward Hills Road and
east of Trunk Highway 212. The plat consists of 44.6 acres to be divided into 75 single family
lots, 48 townhome units, 5 outlots and right of way dedication for street purposes.
Background Information
The preliminary plat was approved by the City Council February 18,2003. Second Reading of
the Rezoning Ordinance and final approval of the Developer’s Agreement was completed on
March 18,2003.
Approval of the final plat is subject to the following conditions:
a
a
a
a
a
a
a
a
a
a
Receipt of engineering fee in the amount of $5,842.50
Receipt of street lighting fee in the amount of $13’8 17.40
Receipt of street sign fee in the amount of $3,232.10
Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy.
Satisfaction of bonding requirements for the installation of public improvements
The requirements as set forth in the Developer’s Agreement
Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
Prior to release of plat, Developer shall submit a signed contract with a qualified
wetland consultant.
Prior to release of plat, Developer shall install all wetland buffer strip monuments.
Outlot B to be dedicated to City.
ways certified by surveyor 4:
Attachments
Drawing of final plat
I5
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
WILLIAMS PLACE
WHEREAS, the plat of Williams Place has been submitted in a manner required for platting
land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes
and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED.BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Williams Place is approved upon compliance with the
recommendation of the City Engineer’s report on this plat dated June 17,2003.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution
to the owners and subdividers of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden, Prairie City Council on June 17,2003.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
. nn,r,n., n"", I,",.
0 c
SEL. 22, E?. 1 :5, RX. 22
IC II I II
DATE: 6/17/03
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DEPARTMENTDMSION:
Management and Budget/Planning
Donald R. Uram
Scott A. Kipp
ITEM DESCRIPTION:
The Bluffs at Purgatory Creek
ITEM NO.: m,c.
Requested Action
Move to:
0
0
Approve 2nd Reading of the Ordinance for PUD District Review and Zoning Change from Rural
to R1-22 on 10.55 acres; and
Approve the Development Agreement for The Bluffs at Purgatory Creek
Synopsis
This is for 3 single-family lots.
Attachments
1,
2, Development Agreement
Ordinance for PUD District Review and Zoning District Change
THE BLUFFS AT PURGATORY CREEK
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 18-2003-PUD-9-2003
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTFUCT, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed fkom the
Rural Zoning District and be placed in the Planned Unit Development R1-22 Zoning District 18-
2003-PUD-9-2003 (hereinafter “PUD-9-2003-R1-22”).
Section3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of Junel7,2003, entered into between O’Catarais, L.L.C. , and
the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement
contains the terms and conditions of PUD-9-2003-R1-22, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-9-2003-R1-22 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-9-2003-R1-22 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-9-2003-R1-22 are justified by the design of the
development described therein.
D. PUD-9-2003-R1-22 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and placed in the R1-22 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-9-2003-R1-22 and the legal
descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,
subparagraph By shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section7. This Ordinance shall become effective fiom and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
20th day of May, 2003, and finally read and adopted and ordered published in summary form as
attached hereto at a regular meeting of the City Council of said City on the 17th day of June,
2003.
‘ ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
EXHIBIT A
PUD Legal Description - The Bluffs at Purgatory Creek
Legal Description Before Final Plat
Lot 3, Block 1, GRAY FOX BLUFF, Hennepin County, Minnesota.
Legal Description After Final Plat
Lots 1,2, and 3, Block 1, THE BLUFFS AT PURGATORY CREEK, Hennepin County,
Minnesota.
THE BLUFFS AT PURGATORY CREEK
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 18-2003-PUD-9-2003
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
sum mar^: This ordinance allows rezoning of land located north of the terminus of
Center Drive from the Rural Zoning District to the R1-22 Zoning District. Exhibit A, included
with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISKED in the Eden Prairie Sun Current on
(A full copy of the text of this Ordinance is available from City Clerk.)
aa
DEVELOPMENT AGREEMENT
THE BLUFFS AT PURGATORY CREEK
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of June 17,2003, by O’Catarais,
L.L.C., a Minnesota limited liability corporation, hereinafter referred to as “Developer,” its successors and assigns,
and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”:
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 10.55 acres,
Planned Unit Development District Review with waivers on 10.55 acres, Zoning District Change &om Rural to R1-
22 Zoning District on 10.55 acres, and Preliminary Plat of 10.55 acres into three lots and one outlot, legally
described on Exhibit A (the “Property”);
NOW, THEREFORE, in consideration of the City adopting Resolution No. for
Planned Unit Development Concept Review, Ordinance No. for Planned Unit
Development District Review and Zoning District Change ftom Rural to R1-22 on 10.55 acres, and
Resolution No. for Preliminary Plat, Developer agrees to construct, develop and
maintain the Property as follows:
1, PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated May 28, 2003, reviewed and approved by the City Council on May 20,
2003, (hereinafter the “Plans”) and identified on Exhibit By subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
a3
3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents
fi-om and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and
agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
.
5. GRADING, DRAINAGE, AND EROSION CONTROL PLANS:
A. FINAL, GRADING AM) DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration pernit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property. The
final grading and drainage plan shall include all wetland, wetland buffer strips,
wetland buffer monument locations, water quality ponds, storm water detention areas
and other items required by the application for and release of a land alteration permit.
All design calculations for storm water quality and quantity together with a drainage
area map shall be submitted with the final grading and drainage plan. Prior to release
of the grading bond, Developer shall certify to the City that the water quality pond
conforms to the final grading plan.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and City erosion control policy. The design professional shall
provide a final report to the City certifying completion of the grading in conformance
the approved final grading plan and City erosion control policy.
B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit,
Developer shall submit to the City Engineer and obtain City Engineer's written
approval of an erosion control plan for the Property. The erosion control plan shall
include all boundary erosion control features, temporary stockpile locations and turf
restoration procedures: All site grading operations shall conform to the City's
Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof.
Prior to release of the grading bond, Developer shall complete implementation of the
approved plan.
6. GRADING IN TEE WOODED AREAS ON SITE: Prior to grading witbin any of the
wooded areas on the Property, delineated on the Plans, Developer shall submit to the City
Forester and receive the City Forester's written approval of a plan depicting construction
grading limits on the Property. Prior to the issuance of any land alteration permit, Developer
shall place a construction fence on the approved construction grading limits. Developer shall
notify the City and watershed district 48 hours in advance of grading so that the construction
limit fence may be field inspected and approved by the City Engineer and City Forester.
Developer shall maintain the construction limit fence until written approval is granted by the
City to remove the fence.
7. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit
issuance for each residential structure on each parcel of the Property, a Certificate of Survey
for such parcel shall be submitted for review and written approval by the Building
Department. The Certificate of Survey shall include a certification by the builder that
construction of the residence is consistent with this Agreement and all exhibits attached
hereto, and shall further contain the following information:
A.
B.
C.
D.
E. Method of erosion control.
F. Detailed grading plans.
G.
H.
I.
Topography with 2 foot contour intervals for existing and proposed grades.
Topography must be field verified.
Location of structures with finished floor elevations.
Retaining walls, type, height, and type of details.
Location of sewer, water, gas and electric lines.
No construction or grading within any conservancy easement area.
No steepening of the natural slopes and walk out levels that meet natural grade.
Engineered design for footing, foundation, and retaining walls.
8. PRIVATE DRIVEWAY: Prior to approval of any final plat for the Property, Developer
shall submit to the to the City Planner, and obtain the City Planner's written approval of a
driveway easement for reciprocal, joint access and maintenance for the benefit of and burden
on Lots 1,2, and 3, Block 1, The Bluffs at Purgatory Creek.
Prior to any building permit issuance for the Property and concurrent with the recording of
the final plat, Developer shall file said driveway easement against Lots 1,2, and 3, Block 1,
The Bluffs at Purgatory Creek with the Hennepin County Recorder'sRegistrar of Titles'
Office in a form approved in writing by the City Planner, and provide proof of said filing.
9. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the R1-22 District through the Planned Unit Development District
Review for the Property and incorporates said waivers as part of PUD
a5
A.
B.
C.
D.
Lots 1 and 2 without public road fiontage. Code requires fiontage on a public
road.
Public road fiontage of 39.5 feet for Lot 3. Code requires 90 feet in the R1-22
district.
Average lot width of 82 feet for Lot 2. Code requires 90 feet.
Average lot width of 68 feet for Lot 3. Code requires 90 feet.
10. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining walls
identified on the grading plan in the Plans.
These plans shall include details with respect to the height, type of materials, and method of
construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in accordance
with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any
occupancy permit for the Property.
11. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of a final plat for any
portion of the Property, an assessment agreement, in the form and substance as attached in
Exhibit E, shall be signed by the owner(s) of the Property with the City for HillcresVAlpine
Improvements and Trunk Sewer and Water Assessments (Trunk Improvements). The
assessments shall be as follows:
(a). The Property will be assessed for Trunk Improvements on 1.94 acres in an amount
of $10,379.00.
(b.) The Property will be assessed for the HillcresVAlpine Improvements on a unit basis
for a total of 3 units in an amount of $17,808.00
12. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer, and obtain the City Engineer's written approval of plans for private streets, public
sanitary sewer, water and storm sewer. Plans for public initastructures shall be of a plan
view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five
percent of construction value shall be paid to City by Developer. The design engineer shall
provide daily inspection, certify completion in conformance to approved plans and
specifications and provide record drawings.
13. TREE LOSS - TREE REPLACEMENT: There are 2,252 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 800
diameter inches. Tree replacement required is 383 caliper inches. Prior to the issuance of any
grading permit for the Property, Developer shall submit to the City Forester and receive the
City Forester's written approval of a tree replacement plan for 383 caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size for a
shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein, Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to issuance of any grading permit for the Property, Developer shall furnish to the City
Planner and receive the City Planner’s approval of a tree replacement bond equal to 150% of
the cost of said improvements as required by City Code.
Developer shall complete implementation of the approved tree replacement plan prior to
occupancy permit issuance.
14. WETLANDPLAN:
Prior to release of the final plat for any portion of the Property, Developer shall submit to the
Environmental Coordinator and receive the Environmental Coordinator’s approval of a
Wetland Plan. The approved Wetland Plan shall be consistent with the materials and
requirements shown on the Plans and as required by City Code. The Plan shall include the
following elements.
A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a
Wetland Buffer Strip Vegetation Evaluation Report (“Buffer Report”) in accordance
with the Wetland Plan and City Code requirements prior to release of the final plat
for any portion of the Property. If the Buffer Report identifies any unacceptable
vegetation or other conditions, the wetland buffer strip shall be graded, treated,
reseeded and/or replanted (thereon known as ‘Zandscaping”, or by the
Developer within 90 days of submission of the Buffer Report. If Landscaping of the
wetland buffer strip is required, the Developer shall submit a signed statement by a
qualified wetland consultant, as determined by the City Manager, stating that the
wetland buffer strip vegetation complies with all City requirements within 30 days of
completion of the Landscaping of the wetland buffer strip.
Prior to release of the final plat for any portion of the Property, Developer shall
submit a signed contract with a qualified wetland consultant, as determined by the
City Manager and/or designee, for preparation of a Annual Wetland and Wetland
Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of
the wetland(s) and wetland buffer strip(s). The first Annual Buffer Report shall be
submitted no later than November 1 of the calendar year in which construction of the
wetland and/or wetland buffer strip is completed and thereafter annually until the
final Annual Report is submitted. The Annual Buffer Report shall provide an action
plan and proposed cost for correction of any problems identified. The final Annual
Buffer Report shall be submitted two full growing seasons following completion of
the development and shall evaluate the wetland and wetland buffer strip to determine
if the wetland and wetland buffer strip remain in compliance with all City
requirements. If any unacceptable conditions or vegetation are identified within the
Annual Beer Reports, the Developer shall correct the area@) identified within 90
days of submission of the Annual Buffer Report.
B. Conservation Easement: Prior to release of the final plat for any portion of the
Property, Developer shall submit a Conservation Easement Gxhibit F) for review
and written approval by the Environmental Coordinator, for the area delineated on
the Plans.
Prior to release of the first building permit for the Property, Developer shall submit
evidence to the Environmental Coordinator that the approved Conservation Easement
has been executed by the owners of the Property platted and has been filed in the
Hennepin County Recorder’sRegistrar of Titles’ Office.
C. Wetland Buffer Strip Monuments: Prior to release of the final plat for any portion
of the Property, Developer shall verify installation of all wetland buffer strip
monuments for the property and replace or relocate existing monuments as required
on the final grading plan. Wetland buffer strip monument locations shall be shown
on the final grading plan and final plat. The post shall be a fiberglass reinforced
composite post with a maximum size of 4 inch by 4 inch (4” x 4”) that states
“Wetland Buffer: No Mowing Allowed”. The post shall be mounted to a height of a
minimum of four feet above grade set at least 42 inches in the ground. The bottom of
the post must be fitted with an anchor attachment that would expand upon attempted
removal. Removal of the wetland buffer strip monuments is prohibited.
D. Wetland Performance Bond: Developer shall furnish to the Environmental
Coordinator and receive the Envirokental Coordinator’s approval of a Wetland Plan
performance bond, cash escrow, or letter of credit with a corporation approved by the
City Manager or other guarantee acceptable to the City Manager equal to 150% of the
cost, as estimated by the City Manager, of completing said Wetland Plan
requirements andor Landscaping as depicted on the Plans and as required by City
Code. Said pedormance bond, cash escrow, letter of credit or other guarantee shall
cover costs associated with the Wetland Plan during development and for two full
growing seasons following completion of the development.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid
DEVELOPER CITY OF EDEN PRAIRIE
BY
Its Nancy Tyra-Lukens
Its Mayor
BY
Its
BY-
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of , 2003,
by Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this I&/, day of d
liability corporation, on hehalf of the corptratidn.
t-, ,2003, by
/y1tcA-( r* -e& , the/knacfh MIP - of O’Catarais, a Minnesota limited
EXHIBIT A
DEVELOPMENT AGREEMENT-THE BLUFFS AT PURGATORY CREEK
Legal Description Before Final Plat
Lot 3, Block 1, GRAY FOX BLUFF, Hennepin County, Minnesota.
Legal Description After Final Plat
Lots 1,2, and 3, Block 1, THE BLUFFS AT PURGATORY CREEK, Hemepin County,
Minnesota.
30
EXHIBIT B
DEVELOPMENT AGREEMENT-THE BLUFFS AT PURGATORY CREEK
Title Sheet dated 04/07/03 by James R. Hill, hc.
Existing Conditions dated 04/07/03 by James R. Hill, Inc.
Preliminary Plat dated 04/07/03 by James R. Hill, Inc.
Site Plan dated 02/21/03 by James R. Hill, Inc.
Grading Plan & Erosion Control Plan dated 04/07/03 by James R. Hill, Inc.
Alternate Grading Plan & Erosion Control Plan dated 04/05/03 by James R. Hill, Inc.
Public StreetIAlternative Site Plan dated 04/07/03 by James R. Hill, Inc.
Utility Plan dated 04/07/03 by James R. Hill, Inc.
Tree Preservation Plan dated 03/12/03 by James R. Hill, Inc.
Tree Replacement Plan dated 05/14/03 by James R. Hill, Inc.
EXHIBIT C
DEVELOPMENT AGREEMICNT-TIE BLUlFFS AT PURGATORY CREEK
I.
II.
ra.
Iv.
V.
VI.
VII.
Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1 " =loo' scale) showing existing and proposed
contours, proposed streets, and lot arrangements and size, minimum floor elevations on each
lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, mows showing
direction of storm water flow on all lots, location of walks, trails, and any property deeded to
the City.
Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
Developer shall pay cash park fees as to all of the Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the Property.
If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose
the City's reconsideration and rescission of any PUD, Rezoning, and Preliminary Plat
approved in connection with this Agreement, thus restoring the status of the Property before
the Development Agreement and all approvals listed above were approved.
Provisions of this Agreement shall be binding upon and enforceable against owners, their
successors, and their assigns of the Property herein described.
The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to &end Exbibit A hereto to
identify the legal description of the Property after platting thereof.
Developer represents that it has marketable fee title to the Property.
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title fi-ee and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on theDedicatedProperty, anyhazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
definedinorpursmtto42U.S.C. §9601,et.seq.,orMi.nn.Stat.,Sec. 115B.01,et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous Substances.
D. That, to the best of Developer's knowledge, no previous owner, operator or possessor
of the Property deposited, stored, disposed of, placed or otherwise allowed in or on
the Property any hazardous substances.
Developer agrees to indemnifl, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations and
warranties and/or resulting fiom or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIU. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
M. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years'
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
33
other remedy.
m.
Xm.
m.
xv.
XVI.
m.
Developer shall, prior to the commencement of any improvements, provide written notice to
Time Warner Cable, a Minnesota Limited Partnership, the franchisee under the City’s Cable
Communication Ordinance (80-33) of the development contemplated by this Development
Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,
Minneapolis, Minnesota 5541 1.
Prior to building pennit issuance, all fees associated with the building permit shall be paid to
the Inspections Department, including; Building permit fee, plan check fee, State surcharge,
metro system access charge (SAC), City SAC and City water access charge (WAC), and park
dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
Prior to building permit issuance, existing structures, walls and septic systems (if present)
shall be properly abandoned or removed as required by City ordinance and all permits
obtained through the Inspections Department.
Prior to building permit issuance, provide two copies of an approved survey or site plan (1” =
200 scale) showing proposed building location and all proposed streets, with approved street
names, lot arrangements and property lines.
The City shall not issue any building permit for the construction of any building, structure, or
improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
No failure of the City to comply with any term, condition, covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary
charges. No execution on any claim, demand, cause of action or judgment shall be levied
upon or collected from the general credit, general fund or taxing powers of the City.
Xvm. Prior to issuance of the first building pennit for the Property, Developer shall permanently
demarcate the location‘of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 ?4 by 6 inch sign or decal reading
“ScenidConservation Easement Boundw, City of Eden Prairie”, will be affixed to the top of
the post.
EXEUBITD
DEVELOPMENT AGREEMENT-THE BLUFFS AT PURGATORY CREEK
EROSION CONTROL POLICY - AUGUST 1,1997
1. All construction projects permitted by the City of Eden Prairie which results in the temporary
disturbance of vegetative or non-vegetative surfaces protecting soils fiom erosion require the
use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control
Agency's manual, Protecting Water Quality in Urban Areas, to mitigate the impact of erosion
on wetland and water resources. The City Engineer or the Director of Inspections may
impose special conditions to permits which stipulate erosion control procedures andor direct
the installation of erosion control features or the clean up of erosion at construction sites.
Permits affected by this policy include all grading permits, building permits, and permits for
the installation of utilities.
2. All erosion control systems stipulated in the permit application shall be installed prior to the
issuance of the permit. Supplemental erosion control systems ordered by the City Engineer
or the Director of Inspections shall be installed within 48 hours of that order.
3. The applicant must maintain all erosion control systems in a functional condition until the
completion of turf andor structural surfaces, which protect the soil from erosion. The
applicant must inspect erosion control biweekly and immediately after each rainfall event of
.5 inches or more. Needed maintenance shall be performed within 48 hours.
4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the
trackage or spillage of soil on public streets or highways. BMF"s may include, but are not
limited to, rock construction entrances, washing stations, fiequent cleaning of streets adjacent
to the construction site or limiting operations when site conditions are unmanageable.
Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers
within the time frarne stipulate& in the permit special conditions or as ordered by the City
Engineer or the Director of Inspections.
5. If erosion breaches the perimeter of a construction site, the applicant shall immediately
develop a clean up and restoration plans, obtain the right-of-entry from the adjoining
property owner, and implement the clean up and a restoration plan within 48 hours of
obtaining the adjoining property owner's permission. In the event eroded soils enter onto or
are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove
the soil material and thoroughly sweep the street or sidewalk surface within four hours. If
eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean
up and repair shall be immediate. The applicant shall provide all traffic control and flagging
required to protect the traveling public during the clean up operations.
6. When an applicant fails to conform to any provision of this policy within the time stipulated
in a written notification, the City may take the following actions:
35
a. Withhold the scheduling of inspections andor the issuance of a Certificate of
Occupancy or other approvals.
b. Direct the correction of the deficiency by City personnel or separate contract.
c. Withhold the issuance of building permits
d. At its option, institute and prosecute an action to enjoin violations of this Agreement
and/or an action to specifically enforce performance of this Agreement
The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter
upon the construction site for the purpose of correcting deficiencies in erosion control.
All costs, including but not limited to, attorneys' fees and engineering fees incurred by the
City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by
the applicant. All invoices for erosion control correction shall be due and payable within 30
days. Invoices not paid within 30 days shall accrue interest at a rate of 1% per month or the
highest legal rate.
Each charge for correction of erosion deficiencies shall be a lien upon the property to which
the permit applies. Invoices more than 30 days old on September 30 or any year or on any
other date as determined by the City Engineer or the Director of hpections may be assessed
against the property. As a condition of the permit, the owner shall waive notice of any
assessment hearing to be conducted by the City, concur that the benefit to the property
exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota
Statute 429.081 or otherwise to challenge the amount or validity of the assessment.
I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated
August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of
Eden Prairie, Minnesota.
By: By:
Owner's Signature Applicant's Signature
DEVELOPMENT NAME: Lot: Block:
OWNERINFORMATION OWNER(~?RINT):
ADDRESS
CITY STATE ZIP
36
EXHIBmE
DEVELOPMENT AGREEMENT-BLUFFS AT PURGATORY CREEK
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS day of ,2003, between the City
of Eden Prairie, a municipal corporation, (the "City") and O'Catarais, L.L.C., a Minnesota limited
liability corporation (the "Owner").
A. The Owner holds legal and equitable title to property described as
, Hennepin County, Mhnesota, which property is the
subject of this Agreement and is hereinafter referred to as the "Property".
B. The owner desires to develop the property in such a manner that relies upon and
requires the construction of the following public improvements:
1. City's trunk utility system, including trunlc sanitary sewers, trunk watermains,
wells and elevated storage facilities, (all of which is hereafter referred to as the "Trunk
Improvements).
2. Storm sewer, concrete curb and gutter and bituminous street, within
HillcrestlAlpine neighborhood adjacent to the Property, (all of which is hereafter referred to
as "Hillcrest/Alpine Improvements".
C. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Trunk Improvements and HillcrestlAlpine Improvements all of which will inure to
the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
1. The Owner consent to the levying of assessments against the Property for the
construction, and maintenance of the Trunk Improvements and HillcrestlAlpine Improvements as
follows:
a). The Property will be assessed for Trunk Improvements on 1.94 acres in an
amount of $10,379.00.
b). The Property will be assessed for the HillcrestlAlpine Improvements on a unit
basis for a total of 3 units in an amount of $17,808.00.
2. The City's assessment records for the Propertywill show the assessments as a "pending
assessment'' until levied.
33
3. The Owners waive notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
4. The Owners concur that the benefit to the Property by virtue of the Improvements to be
constructed exceeds the amount of the assessment to be levied against the Property. The her waives
all rights it has by virtue of Minnesota Statute 429.08 1 or otherwise to challenge the amount or validity
of the assessments, or the procedures used by the City in apportioning the assessments and hereby
releases the City, its officers, agents and employees fiom any and all liabilityrelated to or arising out of
the imposition or levying of the assessments.
5. This agreement shall be effective immediately.
OWNER
O’Catarais, L.L.C.
CITY OF DEN PRAIRIE
A Minnesota limited liability corporation A Minnesota Municipal Corporation
By: BY
Its Nancy Tyra-Lukens
Its Mayor
BY
Scott H. Neal,
Its CityManager
STATE OF MINNESOTA )
COUNTYOFHENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this Of____, 2003,
by Nancy Tyra-Lukens, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a
Minuesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
COUNTYOFHENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this Y
2003, by the of O’Catarais, L.L.C., a
Minuesota limited liability corporation, on behalf of the corporation.
day of
Notary Public
THIS bISTRLlMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBITF
DEVELOPMENT AGREEMENT-BLUFF'S AT PURGATORY CREEK
CONSERVATION/SCEMC EASEMENT
THIS EASEMENT AGREEMENT is made this day of , 2003 by and
between O'Catarais, L.L.C., a Minnesota limited liability corporation, hereinafter referred to as
"Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota mmcipal corporation, hereinafter
referred to as "City";
WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more
Mly described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, fiee and clear of all liens,
mortgage, and encumbrances, except:
WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to
prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit By
hereinafter referred to as the "Easement Area", attached hereto;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the
parties as follows:
1. Grantor hereby conveysta City and its successors. and assigns a conservation and
scenic easement in, under, on, and over3he "Easement Area", and City hereby
accepts such conveyance.
.. , .
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural condition.
No trees, shrubs or other vegetation shall be planted or removed fiom the
Easement Area without the prior written consent of the City. The City will
consider removal of noxious weeds, as defined by Minnesota Statutes
Sections 18.76-18.88, upon submission and approval of a Vegetation
Management Plan. No vegetation cutting, fertilizer application or placement
of turfgrass, such as Kentucky bluegrass, shall occur within the Easement
Area.
46
B. Wetland buffer monuments must be placed at the boundaries of the wetland
buffer strip as shown on Exhibit C. Removal of the wetland buffer strip
monuments is not allowed.
C. No building, road, sign, billboard, utility, or other structures shall be placed
in the Easement Area without the prior Written consent of City.
D. No trash, waste, or other offensive material, soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of the
City.
E. No change in the general topography of the Easement Area landscape,
including, but not limited, to excavation, dredging, movement, and removal
or placement of soil, shall be allowed within the Easement Area without the
prior written consent of the City.
3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. That Grantor has marketable title li-ee and clear of all liens,
encumbrances and mortgages.
B. That Grantor has not used, employed, deposited, stored, disposed of,
placed or otherwise allowed to come in or on the Easement Area, any
hazardous substance, hazardous waste, pollutant, or contaminant,
including, but not limited to, those defined in or pursuant to 42
U.S.C. 8 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such
substances, wastes, pollutants, and contaminants hereafter referred to
as "Hazardous Substances");
C. That Grantor has not allowed any other person to use, employ,
deposit, store, dispose of, place or otherwise have, in or on the
Easement Area, any Hazardous Substances;
D. That no previous owner, operator or possessor of the easement area,
deposited, stored, disposed of, placed, or otherwise allowed in or on
the Easement Area any Hazardous Substances;
Grantor agrees to indemnirjr, defend and hold harmless City, against any and all loss,
costs, damage and expense, including reasonable attorneys fees and costs that City
incurs because of the breach of any of the above representations or warranties andor
resulting from or due to the inaccuracy or falsity of any representation or warranty
herein.
4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein.
5. The duration of this easement is perpetual and shall bind and inure to the benefit of
the parties, their successors, and assigns.
6. Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
GRANTOR
O’Catarais, L.L.C.
CITY OF EDEN PRAIRIE
BY BY Its Nancy Tyra-Lukens
Its Mayor
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of ,2003,
by Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
COUNTY OF RENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of
by 3 the
limited liability corporation, on behalf of the corporation.
, 2003,
of O’Catarais, L.L.C., a Minnesota
Notary Public
43
EXHIBITA
“THE PROPERTY”
EXHIBIT B
c'EASEMENT AREA"
45
EXBlBIT C
ccEASEMENT AREA” DIAGRAM
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DEPARTMENT/DMSION: ITEM DESCRIPTION: Management and Budgefllanning
Donald R. Uram
Danette M. Moore Prairie Centre Town Office Park
DATE: 6/17/03
ITEM NO.:
Requested Action
Move to:
Approve 2nd Reading of the Ordinance for PUD District Review and Zoning Change from Rural
to Office on 1.8 acres; and
Adopt the Resolution for Site Plan Review on 1.8 acres; and
Approve the Development Agreement for Prairie Centre Town Office Park
Synopsis
This is for 7 town office units on 1.8 acres.
Attachments
1.
2.
3. Development Agreement
Ordinance for PUD District Review and Zoning District Change
Resolution for Site Plan Review
43
PRAIRIE CENTRE TOWN OFFICE PARK
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 19-2003-PUD-10-2003
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural Zoning District and be placed in the Planned Unit Development Office Zoning District 19-
2003-PUD-10-2003 (hereinafter “PUD-10-2003-Office”).
Section3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of June 17,2003, entered into between F & D Holdings, LLC,
and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development
Agreement contains the terms and conditions of PUD-10-2003-0ffice, and are hereby made a
part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-10-2003-Office is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-10-2003-Office is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-10-2003-Office are justified by the design of the
development described therein.
D. PUD-10-2003-Office is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section5 The proposal is hereby adopted and the land shall be, and hereby is
removed fkom the Rural Zoning District, and placed in the Office Zoning District and shall be
included hereafter in the Planned Unit Development PUD-10-2003-Office and the legal
descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,
subparagraph B, shall be and are amended accordingly.
Section6. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
5th day of June, 2003, and finally read and adopted and ordered published in summary form as
attached hereto at a regular meeting of the City Council of said City on the 17th day of June,
2003.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
49
EXHIBIT A
PUD Legal Description - Prairie Centre Town Office Park
Legal Description Before Final Plat
Outlot A, AZTEC TOWN OFFICE PARK, Hennepin County, Minnesota
56
PRAIRIE CENTRE TOWN OFFICE PARK
CITY OF EDEN PRAIRIE
HENMEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. -2003-PUD--2003
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located at Aztec Drive, south of
Anderson Lakes Parkway from the Rural Zoning District to the Office Zoning District. Exhibit
A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
(A full copy of the text of this Ordinance is available from City Clerk.)
PFUIRIECENTRETOWNOFFICEPARK
CITY OF EDEN PRAIR1[E
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2003-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR PRAIRIE CENTRE TOWN OFFICE PARK
BY F & D HOLDINGS, LLC
WHEREAS, F & D Holdings, LLC, has applied for Site Plan approval of Prairie Centre
Town Office Park for construction of 7 town office units by an Ordinance approved by the City
Council on June 17,2003; and
WHEREAS, the Community Planning Board reviewed said application at a public
hearing at its April 28,2003 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
May 20,2003 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Prairie Centre Town
Office Park for 7 town office units, based on plans dated April 15, 2003, between F & D
Holdings, LLC, and the City of Eden Prairie.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 2003.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
5a
DEVELOPMENT AGREEMENT
PRAIRIE CENTRE TOWN OFFICE PARK
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of June 17,2003, by F 8z D
Holdings, LLC, a Minnesota Limited Liability Company, hereinafter referred to as “Developer,” its successors and
assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”:
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 1.8 acres,
Planned Unit Development District Review with waiver on 1.8 acres, Zoning District Change fkom Rural to Office
on 1.8 acres, Site Plan Review on 1.8 acres, and Preliminary Plat of 1.8 acres into 1 lot, legally described on Exhibit
A (the “Property”);
NOW, THEREFORE, in consideration of the City adopting ResolutionNo. for
Planned Unit Development Concept Review, Ordinance No. for Planned Unit
Development District Review and Zoning District Change fkom Rural to Office on 1.8 acres,
Resolution No. for Site Plan Review, and Resolution No. for
Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows:
1, PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated , reviewed and approved by the City Council on June 17,
2003, (hereinafter the ”Plans”) and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fbU3.l an
obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents
fkom and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and
agents. Developer shall not be released fkom its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to
the City Planner, and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
6. GRADING, DRAINAGE, AND EROSION CONTROL PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property. The
final grading and drainage plan shall include all wetland, wetland buffer strips,
wetland buffer monument locations, water quality ponds, storm water detention areas
and other items required by the application for and release of a land alteration permit.
All design calculations for storm water quality and quantity together with a drainage
area map shall be submitted with the final grading and drainage plan. Prior to release
of the grading bond, Developer shall certify to the City that the water quality pond
conforms to the final grading plan.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and City erosion control policy. The design professional shall
54
provide a final report to the City certifling completion of the grading in conformance
the approved final grading plan and City erosion control policy.
B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit,
Developer shall submit to the City Engineer and obtain City Engineer's written
approval of an erosion control plan for the Property. The erosion control plan shall
include all boundary erosion control features, temporary stockpile locations and turf
restoration procedures: All site grading operations shall conform to the City%
Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof.
Prior to release of the grading bond, Developer shall complete implementation of the
approved plan.
Developer shall remove any sediment that accumulates in the existing andor
proposed sedimentation pond during construction. Upon request by the City,
Developer shall provide preconstruction and post construction surveys for evaluation
by City.
7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property. The approved landscape plan shall be consistent with the quantity, type, and size
of plant materials shown on the landscape plan on the Plans. Developer shall fwnish to the
City Planner and receive the City Planner's approval of a landscape bond equal to 150% of
the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of mechanical
equipment on the Property. For purposes of this paragraph, "mechanical equipment"
includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and
air-conditioning units. Security to guarantee construction of said screening shall be included
with that provided for landscaping on the Property, in accordance with City Code
requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not meet
the Code requirements to screen mechanical equipment fiom public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
10. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a
manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and
regulations. Developer further agrees that the facility upon the Property shall be operated so
noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary
lines.
11. PUD WAIVER GRANTED: The city hereby grants the following waiver to City Code
requirements within the Office Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waiver as part of
PUD
A waiver for a fiont yard setback of 17.5 feet. City Code requires 35
feet.
12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining walls
identified on the grading plan in the Plans.
These plans shall include details with respect to the height, type of materials, and method of
construction to be used for the retaining walls. Developer agrees that the materials to be used
shall be compatible with those used on adjacent lands within the Aztec Town Office Park
PUD.
Developer shall complete implementation of the approved retaining wall plan in accordance
with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any
occupancy permit for the Property.
13. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building
permit on the Property, Developer shall submit to the Director of Parks and Recreation
Services and obtain the Director's written approval of detailed plans for sidewalks and trails
to be constructed on the Property. Developer shall convey access easements for such
sidewalks and trails in such locations as determined by the Director of Parks and Recreation
Services. Sidewalks and trails shall be constructed in the following locations:
A. A five-foot wide concrete sidewalk to be located along Aztec Drive with connection
fi-om the project to the Aztec Drive as depicted on the Plans.
Developer shall complete implementation of the approved plans in accordance with the terms
of Exhibit C prior to issuance of any occupancy permit for the Property.
14. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 1 1.70, Developer shall file with the City Planner and receive the City Planner's
written approval of an application for a sign permit. The application shall include a complete
description of the sign and a sketch showing the size, location, the manner of construction,
and other such information as necessary to inform the City of the kind, size, material
construction, and location of any such sign, consistent with the sign plan shown on the Plans
and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a.
15. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
16. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the
City Planner's written approval of a plan for the design and construction of the outside trash
enclosure for the Property. This trash enclosure shall be constructed with face brick to match
the building, include a roof, and heavy duty steel gates that completely screen the interior of
the enclosure. Developer shall complete implementation of the trash enclosure plan prior to
issuance of any occupancy permit for the Property.
17. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall implement the Travel
Demand Management Plan (TDM) at the site to help reduce traffic congestion within the
area according to the attached plan shown as Exhibit E. Prior to issuance of a building
permit on the Property, the Developer shall provide to the City a Letter of Credit in the
amount equal to the estimated cost ($4,500) of implementing the first two years of the
TDM Plan. The Letter of Credit will be released to the Developer on a " draw-down" basis
during the later of the first two years of building occupancy or first two years of TDM Plan
implementation, in the following manner:
a) The Developer shall periodically submit to the City receipts of expenses
associated with executing the TDM Plan. The City shall have 15 business days to
review the receipts. If within this 15 day period the City does not provide the
Developer with written notice that it objects to all or any portion of the expenses
which the Developer has submitted as TDM implementation expenses then in such
event Developer may also exchange for the then existing Letter of Credit, a new or
amended Letter of Credit in an mount equal to the previous total, less the total
receipts submitted.
53
IN WITNESS FVHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
F & D PROPERTIES, LLC. CITY OF EDEN PRAIRIE
BY BY
Its Nancy Tyra-Lukens
Its Mayor
BY
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of , 2003,
by Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of
, the
Limited Liability Company, on behalf of the company.
,2003, by
, of F & D Properties, LLC, a Minnesota
Notary Public
EXHIBIT A
DEVELOPMENT AGREEMENT -PRAIRIE CENTER TOWN
OFFICE PARK
Legal Description Before Final Plat
Outlot A, AZTEC TOWN OFFICE PARK, Hennepin County, Minnesota.
Legal Description After Final Plat
59
EXHIBIT B
DEVELOPMENT AGREEMENT-PRAIRIE CENTER TOWN
OFFICE PARK
Architectural Site Plan dated 1/17/03 by Mohagen Architects, Ltd.
Landscape Plan dated 9/30/03 by Mohagen Architects, Ltd.
Landscape, Signage, and Trash Enclosure Details dated 1/17/03 by Mohagen Architects, Ltd.
Photometrics Plan dated 1/17/03 by Mohagen Architects, Ltd.
A3.1, A3.2, A3.11, A3.12 Floor Plans dated 1/17/03 by Mohagen Architects, Ltd.
A3.13 Building Elevations dated 1/17/03 by Mohagen Architects, Ltd.
Preliminary Grading, Drainage and Erosion Control Plan dated 1/10/03 by Plowe Engineering, Inc.
Preliminary Utility Plan dated 1/10/03 by Plowe Engineering, Inc.
Site Plan dated 1/10/03 by Plowe Engineering, Inc.
Cross Section views dated 3/14/03 by Plowe Engineering, Inc.
Preliminary Plat dated 3/24/03 by E.G. Rud & Sons, Inc.
EXHIBIT C
DEVELOPMENT AGREEMENT-PRAIRIE CENTER TOWN
OFFICE PARK
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1 =loo' scale) showing existing and proposed
contours, proposed streets, and lot arrangements and size, minimum floor elevations on each
lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, mows showing
direction of storm water flow on all lots, location ofwalks, trails, and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the WatershedDistrict
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
111. Developer shall pay cash park fees as to all of the Property required by City Code in effect
as of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not
oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or
Guide Plan review approved in connection with this Agreement, thus restoring the status of
the Property before the Development Agreement and all approvals listed above were
approved.
V. Provisions of this Agreement shall be binding upon and enforceable against owners, their
successors, and their assigns of the Property herein described.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title fiee and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. 6 9601, et. seq., or Minn. Stat., Sec. 115B.01, et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years'
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
XII.
xm.
XIV.
xv.
XVI.
XVII.
Developer agrees, therefore, that in the event Developer violates, fails, or rehses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
Developer shall, prior to the commencement of any improvements, provide written notice to
Time Warner Cable, a Minnesota Limited Partnership, the franchisee under the City’s Cable
Communication Ordinance (80-33) of the development contemplated by this Development
Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,
Minneapolis, Minnesota 5541 1.
Prior to building permit issuance, all fees associated with the building permit shall be paid to
the Inspections Department, including; Building permit fee, plan check fee, State surcharge,
metro system access charge (SAC), City SAC and City water access charge (WAC), and park
dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
Prior to building permit issuance, existing structures, walls and septic systems (if present)
shall be properly abandoned or removed as required by City ordinance and all permits
obtained through the Inspections Department.
Prior to building permit issuance, provide two copies of an approved survey or site plan (1” =
200 scale) showing proposed building location and all proposed streets, with approved street
names, lot arrangements and property lines.
The City shall not issue any building permit for the construction of any building, structure, or
improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
No failure of the City to comply with any term, condition, covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary
charges. No execution on any claim, demand, cause of action or judgment shall be levied
upon or collected fiom the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 ?4 by 6 inch sign or decal reading
“Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of
the post.
63
EXHIBIT D
DEVELOPMENT AGREEMENT - PRAIRIE CENTER OFFICE
PARK
EROSION CONTROL POLICY - AUGUST 1,1997
1. All construction projects permitted by the City of Eden Prairie which results in the temporary
disturbance of vegetative or non-vegetative surfaces protecting soils fiom erosion require the
use of Best Management Practices (l3MP's) as outlined in the Minnesota Pollution Control
Agency's manual, Protecting Water Quality in Urban Areas, to mitigate the impact of erosion
on wetland and water resources. The City Engineer or the Director of Inspections may
impose special conditions to permits which stipulate erosion control procedures and/or direct
the installation of erosion control features or the clean up of erosion at construction sites.
Permits affected by this policy include all grading permits, building permits, and permits for
the installation of utilities.
2. All erosion control systems stipulated in the permit application shall be installed prior to the
issuance of the permit. Supplemental erosion control systems ordered by the City Engineer
or the Director of Inspections shall be installed within 48 hours of that order.
3. The applicant must maintain all erosion control systems in a hctional condition until the
completion of turf and/or structural surfaces, which protect the soil fi-om erosion. The
applicant must inspect erosion control biweekly and immediately after each rainfall event of
.5 inches or more. Needed maintenance shall be performed within 48 hours.
4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the
trackage or spillage of soil on public streets or highways. BMP's may include, but are not
limited to, rock construction entrances, washing stations, fi-equent cleaning of streets adjacent
to the construction site or limiting operations when site conditions are unmanageable.
Trackage or spillage of soil on a public street or highway must be cleaned bypower sweepers
within the time fi-ame stipulated in the permit special conditions or as ordered by the City
Engineer or the Director of Inspections.
5. If erosion breaches the perimeter of a construction site, the applicant shall immediately
develop a clean up and restoration plans, obtain the right-of-entry fi-om the adjoining
property owner, and implement the clean up and a restoration plan within 48 hours of
obtaining the adjoining property owner's permission. In the event eroded soils enter onto or
are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove
the soil material and thoroughly sweep the street or sidewalk surface within four hours. If
eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean
up and repair shall be immediate. The applicant shall provide all traffic control and flagging
required to protect the traveling public during the clean up operations.
6. When an applicant fails to conform to any provision of this policy within the time stipulated
in a written notification, the City may take the following actions:
a. Withhold the scheduling of inspections and/or the issuance of a Certificate of
Occupancy or other approvals.
b. Direct the correction of the deficiency by City personnel or separate contract.
c. Withhold the issuance of building permits
d. At its option, institute and prosecute an action to enjoin violations of this Agreement
and/or an action to specifically enforce performance of this Agreement
The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter
upon the construction site for the purpose of correcting deficiencies in erosion control.
All costs, including but not limited to, attorneys' fees and engineering fees incurred by the
City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by
the applicant. All invoices for erosion control correction shall be due and payable within 30
days. Invoices not paid within 30 days shall accrue interest at a rate of 1% per month or the
highest legal rate.
Each charge for correction of erosion deficiencies shall be a lien upon the property to which
the permit applies. Invoices more than 30 days old on September 30 or any year or on any
other date as determined by the City Engineer or the Director of Inspections may be assessed
against the property. As a condition of the permit, the owner shall waive notice of any
assessment hearing to be conducted by the City, concur that the benefit to the property
exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota
Statute 429.081 or otherwise to challenge the amount or validity of the assessment.
I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated
August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of
Eden Prairie, Minnesota.
By: By:
Owner's Signature Applicant's Signature
DEVELOPMENT NAME: Lot: Block
OWNER INFORMATION OWNER (PRINT):
ADDRESS
CITY STATE ZIP
65
EXHIBITE
DEVELOPMENT AGREEMENT-PRAIRIE CENTER TOWN
OFFICE PARK
TDM PLAN
CITY COUNCIL AGENDA
SECTION: Consent CaIendar
DEPARTMENT: ITEM DESCRIPTION: I.C. 02-5566
Engineering Award Contract for Charlson Area
~ AlanD. Gray
Requested Action
DATE:
June 17,2003
ITEM NO.: DIE.
Move to: Adopt resolution awarding contract for I.C. 02-5566, Charlson Area
Improvements - Phase IV
Synopsis
The Charlson Area Improvements, Phase IV includes utility and street improvements
improvements in Spring Road and Eden Prairie Road. The low bid of $2,549,106.03 by S.M.
Hentges and Sons, Inc. is approximately 20% below the engineer's estimate for this portion of
Charlson Area Improvements.
Background Information
The Charlson Area Improvements Project was authorized by Council July 18, 2000. The
estimated project cost for this extensive street and utility project was $9,176,500. These
remaining elements of the project have been awaiting easement agreements with the MAC.
Phase IV costs will be specially assessed in accordance with the feasibility study.
Attachments
Resolution
Bid summary
Engineer's Recommendation
CITY OF EDEN PRAIRTE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 02-5566 - Charlson Area Improvements - Phase IV
Bids were received, opened and tabulated according to law. Those bids received are shown on the
attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of Contract to
..
S.M. Hentgets and Sons, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract with
S.M. Hentges and Sons, Inc. in the name of the City of Eden Prairie in the amount of
$2,549,106.03 in accordance with the plans and specifications thereof approved by the
Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on June 17,2003.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
SUMMARY OF BIDS
CHARLSON AREA IMPROVEMENTS
PHASE IV
I.C. 02-5566
S.M. Hentges and Sons, Inc. $2,549,106.03
Park Construction Company $2,936,503.25
Minger Construction, Inc. $2,980,443.05
Midwest Asphalt Corporation $2,999,674.58
Northdale Construction, Inc. $3,129,964.60
Valley Paving, Inc. $3,494,810.30
%""-
CONSULTING GROUP, INC.
Transportation Civil . Structural Environmental = Planning . Traffic - Landscape Architecture Parking
SRFNo. 0003726 0120
June 9,2003
Mi. Alan Gray, P.E.
City Engineer
CITY OFEDEN PRAIEVE
8080 Mitchelil Road
Eden Prairie, MN 553442230
DearMr. Gray:
S'UEUECT CHUXLSONAREALWROVEMENTS -PIME IV
EXEN PRAIRIE I.C. 033-5566
SPRING ROAD (CSAH4)
PROSPECT ROAD TO <OP ROAD
EDEN PRAIRIE ROAD
Sealed bids were rcccived for the referenced project on Thursday, June 5, 2003, at the Eden Prairie
City &ices. Six (6) bids were received and they hme been reviewed and checked and we kave
enclosed a complete bid abstmct. The Contractors and their bid amounts are shown in the following
table:
We recommend award of the Improvement Contract 02-5566 to S.M. Hentges and Sons, hc., in the
amount of $2,549,106.03.
If you have any questions, please feel. f?ee to contact us.
Sincerely,
/ Nathen A. Will
Senior Engineer
Att achcnt
NAWhIs 70 ~R~.'O~:CiviL'U47:33R6:D~C::.LrnerEdenPrairirPle~6~9~~.~~
One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-443
Telephone (763) 475-0010 n Fax (763) 475-2429 1 http:/ /www-srfconsulting.com
CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM DESCRIPTION: I.C. 01-5543
Approve Professional Services Agreement with
SEH for construction surveying and staking for the
TH 212 Reconstruction at Bryant Lake Drive and
Valley View Road (CSAH 39).
DATE:
June 17,2003
ITEM NO.:
. F*
DEPARTMENT:
Engineering
Randy Newton
Requested Action
Move to: Approve Professional Services Agreement with SEH, Inc. for construction
surveying and staking for the TH 212 Reconstruction at Bryant Lake Drive
and Valley View Road (CSAH 39).
Synopsis
In conjunction with the bidding and award of the construction contract for the TH 212
Reconstruction at Bryant Lake Drive. and Valley View Road (CSAH 39) project, SEH, Inc. has
been requested to perform the construction surveying and staking for the project.
Background Information
SEH, Inc., with the assistance of the Engineering Department, MOT and Hennepin County
prepared plans and specifications for the TH 212 / Valley View Road Interchange Area
Improvement project. Previous Council action (April 15, 2003) approved the plans and
specifications and ordered advertisement of bids for the project. Award of the construction
contract for the project is on the agenda for this council meeting (June 17,2003).
Financial Implications
The construction surveying and staking and supplemental construction services for the TH 212 /
Valley View Road Interchange Area Improvement project are estimated at $51,876. This
proposed fee is reasonable considering the size and complexity of this project.
Attachments
Professional Services Agreement
Butler Square Building, 100 North 6" Street, Suite 710C, Minneapolis, MN 55403 866.830.3388 612.758.6700 612.758.6701 FAX
June 4,2003 RE: Eden Prairie, Minnesota
T.H. 212 Reconstruction at Bryant Lake
Drive and Valley View Road (CSAH 39)
Construction Services Proposal
SEH NO. A-EDENPO203.00 10.00
Mr. Alan Gray, P.E.
City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Dear Mi. Gray:
Short Elliott Hendrickson Inc.@ (SEH) appreciates the opportunity to submit this proposal to the
City for the referenced project.
For your convenience, we will divide this proposal into sections titled Understanding of Work,
Scope of Work, Deliverables, Proposed Fee and Schedule.
Understanding of Work
The City of Eden Prairie has previously contracted with SEH to provide plans and project
specifications for the reconstruction of T.H. 212 at Bryant Lake Drive and Valley View Road. The
plans and specifications have been completed and contractor bids will be opened on June 12th, 2003.
Construction is intended to begin on or about June 30th, 2003.
The proposed project includes:
P Reconstruction of T.H. 212 between the intersection of Bryant Lake Drive and Valley View
Road to accommodate an additional southbound left turn lane.
P The addition of a storm sewer system with concrete curb and gutter.
P Construction of a bituminous trail fiom Willow Wood Road to Valley View Road.
P A traffic signal interconnect on Valley View Road.
P Signal revisions at the Bryant Lake Drive and Flying Cloud Drive intersections with Valley
View Road.
P Construction of a PVC water main fiom Willow Wood Road to Valley View Road.
P A replacement lighting system.
P Revisions to the in-place traffic management system.
P Complete restoration of all areas disturbed by construction activities.
Alan Gray, P.E.
June 4,2003
Page 2
Scope of Work
Work shall be done in accordance with the City’s General Conditions Consultant Agreement. A
copy of this document is included as Exhibit B.
This section of the proposal summarizes the major work items that are included in the original
scope of the project.
1. Attend a pre-construction conference with all appropriate parties involved in the project.
2. Utilize the City’s horizontal and vertical datum for all construction surveying and staking.
3. Establishment of project limits for installation of silt fence.
4. Provide construction survey staking for catch basins, storm sewer, and outlets.
5. Provide construction survey staking for water main and hydrants.
6. Provide proposed ditch elevations for infield grading.
7. Provide subgrade ‘bluetops’ for the proposed subcut.
8. Provide construction survey staking for the roadway alignment and curb and gutter.
9. Observe and inspect construction of the proposed PVC water main for conformance with the
approved project plans and specifications. (it is our understanding that SEH will only be on-site
a total of 40 hours in a mentor role to a City of Eden Prairie employee)
10. Provide final as-builts to the City upon completion of the project.
Del iverables
We will deliver the items listed below to the City.
1. Final as-built drawings upon completion of construction.
2. Copies of any applicable construction notes fiom water main inspection.
Proposed Fee
In order to satisfy the City’s expectations, and based on our current billing rates and expenses, we
estimate our not-to-exceed fee for this project to be $51,876. Billing for our services will be on an
hourly basis. We will only proceed with additional work following your authorization.
A task hour budget is attached to this proposal and titled Exhibit B.
Schedule
Upon receiving authorization to proceed, we will immediately assign staff to this project to
commence work. We estimate the project will adhere to the following schedule:
Task
Council Authorization June 17,2003
Pre-Construction Conference Mid-June, 2003
Begin Construction June 30,2003
Substantial Completion September 26,2003
Alan cay, P-E.
June 4,2003
Page 3
This letter proposal along with the attached General Conditions represents the entire understanding
between the City and SEH with regard to the project.
We are looking forward working with the City on this project. If you have any questions, please feel
free to contact me at 612.758.6805 at your earliest convenience.
If this proposal is acceptable, please sign in the space provided below and return one signed copy to
this office. The signed copy will serve as the accepted proposal and authorization to proceed.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Jason P. Sprague, P.E.
Project Manager
David C. Halter, P.E.
Client Service Manager
Attachments:
Exhibit A: General Conditions
Exhibit B: Task Hour Budget
Accepted this day of , 2003
By the City of Eden Prairie
Nancy Tyra-Lukens, Mayor Scott H. Neal, City Manager
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CITY OF EDEN PlUIRE
(%lVBAL CONDITI[ONS
Consultant Agreement
SECTION 1: PROJECT INFORMATION
1.1 City will provide to Consultant all horn infoxmation
regarding existing and proposed conditions of the site or which
affects the work to be performed by Consultant. Such
information shall include, but not be limited to site plans,
surveys, known hazardous waste or conditions, previous
laboratory analysis results, written reports, soil boring logs and
applicable regulatory site response (Project Information).
1.2 City will transmit to Consultant any additions, updates, or
revisions to the Project Information as it becomes available to
City, its subcontractors or consultants.
1.3 City will provide an on-site representative to Consultant
within 24 hours upon request, to aid, define, supervise, or
coordinate work or Project Infoxmation as requested by
Consultant.
1.4 Consultant will not be liable for any decision, conclusion,
recommendations, judgement or advice based on any
inaccurate information furnished by City, or other
subcontractors or consultants engaged by City.
SECTION 2: SITE LOCATION, ACCESS, PERMITS,
APPROVALS AND UTILITJES ,
2.1 City will indicate to Consultant the property lines of the
site and assume responsibility for accuracy of markers.
2.2 City will provide for right-of-way for Consultant personnel
and equipment necessary to perform the work.
2.3 City will be solely responsible for applying for and
obtaining permits and approvals necessary for Consultant to
perform the work. Consultant will assist City in applying for
and obtaining such permits and approvals as needed. It is
understood that City authorizes Consultant to act as agent for
City for City’s responsibilities under this section including
signing certain forms on City’s behalf such as Right-of-way
forms.
2.4 While Consultant will take reasonable precautions to
mjnimize any damage to property, it is understood by City that
in the normal course of the work some damage may occur.
The correction of any damage is the responsibility of City or,
at City’s direction, the damage may be corrected by Consultant
and billed to City at cost plus 15%. Notwithstanding the
above, Consultant agrees to be responsible for damage caused
by Consultant‘s negligence.
2.5 City agrees to render reasonable assistance requested by
Consultant to enable performance of work without delay or
interference, and upon request of Consultant, to provide a suitable
workplace.
2.6 City will be responsible for locating and identifying all
subterranean structures and utilities. Consultant will take
reasonable precautions to avoid damage or injury to subterranean
structures and utilities identified and located by City andor
representatives of Utility Companies.
SECTION 3: SAMPLES
3.1 Consultant may retain at its facility selected soil, water, or
material samples for a maximum of 30 days after completion of
the work and submission of Consultant’s report, which samples
shall remain the property of City. Unless otherwise directed by
the City, Consultant may dispose of any samples after 30 days.
3.2 Disposal of contaminated or hazardous waste samples is the
responsibility of City. Mer said 30 days, City will be responsible
to select and arrange for lawful disposal procedures that include
removal of samples from Consultant’s custody and transporting
them to a disposal site. City may request, or if City does not
arrange for disposal, Consultant may deliver samples to City,
freight collect, or arrange for lawful disposal and bill City at cost
plus 15%.
SECTION 4: FEE PAYMENT / CLAZMS
4.1 Consultant will submit invoices to City monthly, and a final
invoice upon completion of work. Invoices will show charges
based on the current Consultant Fee Schedule or other documents
as attached.
4.2 To receive any payment on this Contract, the invoice or bill
must include the following signed and dated statement: ‘‘I declare
under penalty of perjury that this account, claim, or demand is
just and correct and that no part of it has been paid.”
4.3 The balance stated on the invoice shall be deemed correct
unless City notifies Consultant, in writing, of the particular item
that is alleged to be incorrect within ten (10) days from the
invoice date. Consultant will review the alleged incorrect item
within ten (10) days and either submits a corrected invoice or a
statement indicating the original amount is correct.
Cily ofEden Prairie General Conditions
Consultant Agreement
December 2000
Page I of4
4.4 Payment is due upon receipt of invoice (or c0lTected
invoice) and is past due sixty (60) days hm invoice date. On
past due accounts, City wiIl pay a finance charge of 1.5% per
month on the unpaid balance, or the maximum allowed by law,
whichever is less, until invoice is fully paid.
4.5 If City fails to pay Consultant within sixty (60) days
following invoice date, Consultant may deem the default a
breach of its agreement, terminate the agreement, and be
relieved of any and all duties under the agreement. City
however, will not be relieved of Fee Payment responsibilities
by the default or termination of the agreement.
4.6 City will be solely responsible for applying for and
obtaining any applicable compensation fund reimbursements
from various state and federal programs. Consultant may
assist City in applying for or meeting notification
requirements, however. Consultant makes no representations
or guarantees as to what fund reimbursement City may receive.
Consultant shall not be liable for any reductions from
reimbursement programs made for any reason by state or
federal agencies, except as may be caused by Consultant's
negligence.
4.7 City may withhold from any frnal payment due the
Consultant such amounts as are incurred or expended by the
City on account of the termination of the Contract.
to midead others by omitting certain aspects contained in the
report
5.5 Consultant will consider Project Information as confidential
and will not disclose to third parties information that it acquires,
uncovers, or generates in the course of performing the work,
except as and to the extent Consultant may, in its sole discretion,
deem itselfrequired by law to disclose.
SECTION 6: DISPUTES /LIMlTATIONS OFREMEDIES
6.1 In the event of a breach of Contract by City, the Consultant
shall not be entitled to recover punitive, special or consequential
damages or damages for loss of business.
6.2 City will pay all reasonable litigation or collection expenses
including attorney fees that Consultant incurs in collecting any
delinquent amount City owes under this agreement.
6.3 If City institutes a suit against Consultant, which is dismissed,
dropped, or for which judgement is rendered for Consultant, City
will pay Consultant for all costs of defense, including attorney
fees, expert witness fees and court costs.
6.4 If Consultant institutes a suit against City, which is dismissed,
dropped, or for which judgement is rendered for City, Consultant
will pay City for all costs of defense, including attorney fees,
expert witness fees and court costs.
SECTION 5: OWNERSHIP OF DOCUMENTS
6.5 Dispute Resolution
5.1 Consultant will deliver to City certain reports as
instruments of the professional work or services performed
pursuant to this Agreement. All reports are intended solely for
City, and Consultant will not be liable for any interpretations
made by others.
5.2 City agrees that all reports and other work furnished to
City, or City's agents or representatives, which are not paid for,
will be returned to Consultant upon demand and will not be
used by City for'any purpose.
5.3 Unless otherwise agreed, Consultant will retain all
pertinent records or reports concerning work and services
performed for a period of at least two (2) years after report is
submitted. During that time the records will be made available
to City during Consultant's normal business hours. City may
obtain reproducible copies of all software, manuals, maps,
drawings, logs and reports at cost, plus 15%, for data and
materials not being provided as part of the scope of work for
the project.
5.4 City may use the Consultant report in its entirety and may
make copies of the entire report available to others. However,
City shall not make disclosure to others of any portions or
excerpts of a report constituting less than the entire report, or
6.5.1 Mediation
All claims, disputes and other matters in question (hereinafter
"claim") between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be subject
to mediation. If the parties have not resolved the dispute within
thirty (30) days of receipt of a written complaint, each party may
require the dispute be submitted for mediation. If the parties are
unable to agree on a mediator within ten (10) days following a
request for mediation, either party may request that a mediator be
appointed by the Fourth Judicial District Court. The parties akee
to share equally all fees incurred in the mediation.
The parties shall submit to mediation for a minimum of eight (8)
hours. The parties agree that the mediation proceedings are
private and confidential. If, at the end of eight hours of
mediation, the parties have not resolved the dispute, the parties
may agree to extend hours of mediation.
5.5.2 Arbitration
At the option of the party asserting the same, a claim between the
parties to this Agreement, arising out of or relating to this
Agreement or the breach thereof, whereby the party or parties
Ci@ of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 2 of 4
77
asserting the same claims entitIement to damages or payment
of less than $25,000.00 in aggregate may be decided by
arbitration in accorckance with the construction Industry
Arbitration Rules of the American Arbitration Association then
existing unless the parties mutually agree otherwise. In the
event any person shall commence an action in any court for
any claim arising out of or relating to this Agreement or the
breach thereof or the Project or construction thereof or any
contract for such construction, the party making a claim in
arbitration may dismiss such proceedings (unless the hearing
on the claim has commenced) and elect to assert its claim in
such action if such party could have done so but for the
provisions of this Paragraph.
The parties agree to bear equal responsibility for the fees of
AAA, including the arbitrator(s). Judgement upon the award
rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
In the event that arbitration services are not available from
AAA, either party may request that an arbitrator be appointed
by the Fourth Judicial District Court.
6.5.3 Compliance
The parties deem the dispute resolution procedure as set forth
herein to be an integral and essential part of this Agreement.
A party's failure to comply in all respects with this procedure
shall be a substantial breach of this Agreement. The
arbitrator(s) shall be authorized to assess costs and attorney's
fees against a party that has failed to comply with the
procedure in all respects, and, may as a condition precedent to
arbitration, require the parties to mediate in accordance with
Section 6.5.1 hereof.
SECTION 7: STANDARD OF CARE
7.1 Because no sampling program can prove the non-existence
or non-presence of contaminated conditions or materials
throughout the "entire" site or facility, Consultant cannot
warrant, represent, guarantee, or certify the non-existence or
non-presence, or the extent of existence or presence, of
contaminated conditions or materials, and City's obligation
under this agreement will not be contingent upon Consultant's
delivery of any warranties, representations, guarantees, or
certifications.
7.2 Consultant's opinions, conclusions, recommendations, and
report will be prepared in accordance with the proposal, scope
of work, and Limitations of Environmental Assessments and
no warranties, representations, guarantees, or certifications will
be made. Except that Consultant warrants that hardware and
software will perform as represented in proposal and other
parts of this agreement.
7.3 Although data obtained eom discrete sample locations will be
used to infix conditions between sample locations no guarantee
may be given that the inferred conditions exist because soil,
surface and groundwater quality conditions between sample
locations may vary significantly, and because conditions at the
time of sample collection may also vary signiscantly with respect
to soil, surface water and groundwater quality at any other given
time and for other reasons beyond Consultant's control.
7.4 Consultant will not be responsible or liable for the
interpretation of its data or report by others.
SECTION 8: GENERAL INDEMNF'ICATION
8.1 Consultant will indemnify and hold City harmless fiom and
against demands, damages, and expenses caused by Consultant's
negligent acts and omissions, and breach of contract and those
negligent acts, omissions, and breaches of persons for whom
Consultant is legally responsible. City will indemnify and hold
Consultant harmless from and against demands, damages, and
expenses caused by City's negligent acts and omissions, and
breach of contract and those acts, omissions, and breaches of
persons for whom City is legally responsible.
SECTION 9: INSURANCE / WORKER'S
COMPENSATION
9.1 Consultant represents and warrants that it has and will
maintain during the performance of this agreement Worker's
Compensation Insurance coverage required pursuant to Minn.
Stat. 176.181, subd. 2 and that the Certificate of Insurance or the
written order of the Commissioner of Commerce permitting self
insurance of Worker's Compensation Insurance coverage
provided to the City prior to execution of this agreement is
current and in force and effect.
9.2 Consultant shall procure and maintain professional liability
insurance for protection from claims arising out of professional
services caused by any negligent act, error or omission for which
consultant is legally liable.
9.3 Certificate of insurance will be provided to City upon request.
SECTION 10: TERMINATION
10.1 The agreement between Consultant and City may be
terminated by either party upon thuty- (30) days written notice.
10.2 If the agreement is terminated prior to completion of the
project, Consultant will receive an equitable adjustment of
compensation.
City of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 3 of4 -18
SECTION11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANm
11.1 Neither party may assign duties, rights or interests in the
performance of the work without obtaining the prior written
consent of the other party, which consent will not be
unreasonably withheld.
17.1 The Consultant shall at all times abide by hilirm. Stat 13.01
et seq., the Minnesota Govenunent Data Practices Act, to the
extent the Act is applicable to data and documents in the
possession of the Consultant
SECTION 12: DELAYS SECTION 18: DISCRlMfNATION
12.1 If Consultant is delayed in performance due to any cause
beyond its reasonable control, including but not limited to
strikes, riots, fires, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by
reason of the delay. Consultant will be entitled to payment for
its reasonable additional charges, if any, due to the delay.
SECTION 13: EXTRA WORK
13.1 Extra work, additional compensation for same, and '
extension of time for completion shall be covered by written
amendment to this agreement prior to proceeding with any
extra work or related expenditures.
SECTION 14: WITHHOLDING TAXES
14.1 No fmal payment shall be made to the Consultant until
the Consultant has provided satisfactory evidence to the City
that the Consultant and each of its subcontracts has complied
with the provisions of Minn. Stat. 290.92 relating to
withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement.
SECTION 15: AUDITS
15.1 The books, records, documents and accounting
procedures and practices of the Consultant or other parties
relevant to this Agreement are subject to examination by the
City and either the Legislative Auditor or the State Auditor for
a period of six (6) years after the effective date of this
Contract.
SECTION 16: PAYMENT TO SUBCONTRACTORS
16.1 The Consultant shall pay to any Subcontractor within ten
(10) days of the Consultant's receipt of payment from the City
for undisputed services provided by the Subcontractor. The
Consultant shall pay interest of one and a half percent
(1-1/2%) per month or any part of a month to a Subcontractor
on any undisputed amount not paid on time to the
Subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of $100.00 or more is $10.00.
For an unpaid balance of less than $100.00, the Consultant
shall pay the actual amount due to the Subcontractor.
In performance of this contract, the Consultant shall not
discriminate on the grounds of or because of race, color, creed,
religion, national origin, sex, marital status, status with regards to
public assistance, disability, sexual orientation, or age against any
employee of the Consultant, any subcontractor of the Consultant,
or any applicant for employment. The Consultant shall include a
similar provision in all contracts with subcontractors to this
Contract The Consultant further agrees to comply will all aspects
of the M3mesota Human Rights Act, Minn. Stat 363.01, et seq.,
Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
SECTION 19: CONF'LICTS
No salaried officer or employee of the City and no member of the
Board of the City shall have a financial interest, direct or indirect,
in this contract. The violation of this provision renders the
Contract void. Any federal regulations and applicable state
statutes shall not be violated.
SECTION 20: ENTIRE AGREEMENT
18.1 This Agreement contains the entire understanding between
the City and Consultant and supersedes any prior written or oral
agreements between them respecting the written subject matter.
There are no representations, agreements, arrangements or
understandings, oral or written between City and Consultant
relating to the subject matter of this Agreement which are not
fully expressed herein.
18.2 The agreement between Consultant and City may be
modified only by a written amendment executed by both City and
Consultant.
18.3 This agreement is governed by the laws of the State of
Minnesota.
Ciw of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 4 of 4 77
CITY COUNCIL AGENDA
Requested Action
Move to: Approve Temporary Easement Agreements with MAC for Charlson Area
Improvements.
r Synopsis
The Charlson Area Improvements, Phase N includes utility improvements in Eden Prairie Road
and the reconstruction of Eden Prairie Road and Spring Road south of the Grace Church.
The Temporary Easement Agreements with MAC for Charlson Area Improvements and pond
grading is consistent with the terms of the Memorandum of Understanding between MAC and
the City approved December 17, 2002. The Agreement allows the City to proceed with the
current Phase N Charlson construction contract (I.C. 02-5566).
Background Information
The Charlson Area Improvements Project was authorized by Council July 18, 2000. The
estimated project cost for this extensive street, and utility project was $9,176,500.
..I
Draft 6-1 1-03
TEMPORARY GRADING EASEMENT
FOR CONSTRUCTION AND MAINTENANCE PURPOSES
( CHARLSON ROAD and PINCHERRY LANE)
This temporary easement is granted this day of ,2003, by the
Metropolitan Arports Commission, a public corporation under the laws of the State of
Minnesota, (“Grantor”), to Hennepin Village Limited Partnership, a Minnesota limited
partnership and its General Partner, The Pemtom Land Company, a Minnesota corporation
(collectively, the “Grantee”) and to The City of Eden Prairie, Minnesota, a Minnesota municipal
corporation (the “Alternative Grantee”), in accordance with the conditions herein described.
(1) Recitals.
WHEREAS, Grantee is the owner of a certain tract of land consisting of approximately
1 18.1 8 net acres located in the City of Eden Prairie, County of Hennepin, State of Minnesota,
legally described on Exhibit A attached hereto (the “Grantee’s Property”), also known as Site C;
WHEREAS, Grantor is the owner of property located north and adjacent to Grantee’s
Property, in the vicinity of the Flying Cloud Airport (“Airport Property”);
WHEREAS, in order for Grantee to construct various public improvements on Grantee’s
Property, including Charlson Road and Pincherry Lane, it is necessary to alter the grade and
improve Grantor’s Property in three (3) separate areas. These areas of temporary easement are
legally described on Exhibit B and graphically shown and designated Grading Easement A,
Grading Easement B, and Grading Easement C, all on Exhibit C attached hereto (the “Temporary
Easement Areas”);
WHEREAS, the Grantor has determined that the authorized uses under this Temporary
Easement would not interfere with the Airport .operations;
WHEREAS, Grantor has entered into a settlement.agreement with the Alternative
Grantee and Lynn Charlson, the former property owner, to which the Pemtom Land Company
consented and agreed. This settlement agreement includes the provision of a temporary
easement to Grantee to -allow for the proposed construction and required maintenance of the
improvements and grade alteration within the Temporary Easement Areas for the development of
Site C.
Draft 6-1 1-03
other good and valuable consideration, this temporary easement is granted to the Grantee for the
purposes of allowing the construction to occur. The requirements and conditions for the granting
of the temporary easement are stated herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
Temporary Easement.
(a) Grantor hereby issues to the Grantee this temporary easement allowing the Grantee,
and its employees, agents, and contractors, the temporary right of entry upon a certain portion of
the Airport Property and to alter the grade and improve the Temporary Easement Areas all on the
terms and conditions hereinafter set forth.
(b) The portion of the Airport Property over which this temporary easement is granted is
described on Exhibit B and graphically shown on Exhibit C. The Temporary Easement Areas
contain approximately 624,209 square feet, or 14.33 acres.
(c) The temporary easement is granted to the Grantee as required by the settlement
agreement at no cost for no other purpose than performing the construction activities described;
those activities include, but are not limited to, surveying, staking, operation of construction
equipment for grading work, tree removal, paving of Charlson Road and Pincherry Lane,
installation of utilities, and restoration of all disturbed areas.
(d) The temporary easement shall expire on June 30,2006. Maintenance
responsibilities associated with the conditions set forth below shall continue until vegetation is
well established and the easement area contains no erosion. The Alternative Grantee shall be
responsible for the on-going operation and maintenance of the Charlson Road right-of-way,
which is covered under a separate agreement.
(e) This Temporary Easement is subject to Federal Aviation Administration (FAA)
approval for release of the property from aviation uses. This temporary easement is granted prior
to receiving FAA approval to allow for grading and construction to begin as requested by the
Grantee. Grantee hereby understands that if the FAA ultimately denies the land release for the
easement areas, all Temporary Easement Areas must be restored to its pre-existing condition to
the extent required by the FAA. , .
(3) Conditions of the Temporary Easement.
(a) The granting of this temporary easement shall not transfer to the Grantee any
ownership interest in the Anport Property, and upon expiration of this Temporary Easement, the
temporary rights of the Grantee shall cease, except for maintenance operations, as described in
3(e, f and g) below.
(b) All construction costs associated with the Grantee’s project shall be borne by the
Grantee. It shall be the Grantee’s responsibility to remove excess soil, remains from tree
removals and all tree stumps from Airport Property. Grantee (but not the Alternate Grantee)
shall be responsible for removal or disposal required by federal, state, or local law of hazardous
Draft 6-1 1-03
materials encountered in the easement area as a result of Grantee’s activities herein. No mining
of Airport Property will be allowed.
(c) The Grantee agrees to oversee the construction and restoration of the Project to
assure that all work is completed in adcordance with the Construction Plans for Sanitary Sewer,
Water Main, Storm Sewer and Street for Eagle Ridge at Hennepin Village One (dated June 6,
2003) , prepared by Westwood Professional Services, Inc. Grantee shall ensure that the final
grades and contours of the Temporary Easement Areas shall extend and tie-off to match existing
grades, and shall cause the final elevations in the Temporary Easement Areas to be those set
forth in the approved grading plans.
(d) The airside operations area of the Airport is enclosed by airport security fence. The
Temporary Easement Areas are all located outside of this fenced area. If the Grantee must
access mort property inside the fence for any reason, the Grantee agrees to notify Grantor at
least forty-eight (48) hours prior to entering Airport property. The Grantee shall provide the
Grantor with a justification and schedule for duration of such events, so that Grantor can issue
the appropriate Notice to Airmen (NOTAMs) for men and equipment working near the airfield.
Notification shall be made to Joe Harris, mort Manager, at 763-537-2058, or his successor.
(e) The Grantee agrees to maintain the land under this Temporary Easement and all
improvements thereon in a neat and clean condition and in good repair, keeping the Airport
Property free from debris and erosion. The Grantee shall not suffer or pennit any waste or
nuisance on the Property and shall allow no illegal acts or conduct thereon or such as will
constitute a nuisance.
(f) Ongoing maintenance of the graded areas will be the responsibility of the Grantee,
and shall consist of regular and periodic inspections to observe the hydraulic and operational
status of the side slopes. Erosion shall be repaired immediately to prevent loss or deposit of
materials from/to the Airport Property.. Maintenance of the graded areas shall not require
additional permits from Grantor, however, the Grantee is required to notify Grantor at least forty-
eight (48) hours prior to the start of any maintenance work, except in emergency situations. In
the event of an emergency, the Grantee shall notify Grantor immediately and prior to entering the
property. Notification shall be made to the Airport Manager, as listed in 3(d) above.
(g) The Grantee agrees that maintenance of the graded areas and roadway will continue
in perpetuity. Material lost due to erosion shall be replaced and the area regraded to maintain the
design 3: 1 slope. Slopes greater than 3: 1 will not be allowed within the Temporary Easement
Areas. In areas where the slopes are disturbed by the Grantor as part of a future construction
project, Grantor shall be responsible for erosion control and reestablishment. This, however, will
not relieve the Grantee from the continuing obligation for all remaining areas within the
Temporary Easement not disturbed by Grantor.
(h) In the event that the Grantor shall, in its sole and absolute discretion, determine
that the Temporary Easement Areas haq been fully re-seeded and restored to its prior condition
and no erosion has occurred, Grantor shall execute and deliver to Grantee and Alternative
Grantee an instrument releasing Grantee and Alternative Grantee, their heirs, successors, and
assigns, from any Mer liability or obligations hereunder and this Temporary Grading
Draft 6-1 1-03
Easement shall thereafter become null and void and of no Mer effect.
(i) The rights, conditions and provisions of this temporary easement shall inure to the
benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the
Grantee’s Property for which this temporary easement is being provided. Any transferee of
Grantee’s Property shall be subject to this temporary easement, and shall assume and be
responsible for the duties and obligations herein. Notwithstanding the foregoing, while the
named Grantee herein shall remain responsible for the duties and obligations herein, in the event
that a homeowners’ association or an owner’s association having jurisdiction of all or a portion
of the Grantee’s Property contiguous or adjacent to any of the Temporary Easement Area shall
(by means of either a provision in a declaration filed against Grantee’s Property or other
instrument) be deemed responsible (or assume and agree to be responsible) for all the duties and
obligations herein with respect to any portion of the Grantee’s Property, no owner or
encumbrancer of a platted lot or outlot within said portion of the Grantee’s Property shall
thereafter have any liability or obligation hereunder.
(j) The Airport Property, including the portion of it legally described on Exhibit By shall
at all times be subject to regulations and restrictions imposed by the Federal Aviation
Administration (FAA) including height of structures or other objects that might interfere with
safe operations at the Flying Cloud Airport and Grantor may require the removal or modification
of any above ground object or structure upon the Airport Property whether permanent or
temporary’ if Grantor believes that said object or structure violates applicable FAA regulations or
interferes with the safe operation of the Flying Cloud Airport.
(4) Insurance.
a. Grantee Insurance. The Grantee shall either (i) maintain’insurance, with underwriters
satisfactory to Grantor, a standard term policy or policies of insurance in amounts as hereinafter set
out protecting both the Grantee and Grantor and its Commissioners, officers and employees against
public liability and property damage, including products liability, or (ii) provide self-insurance
providing equivalent protection. Such policy or policies shall provide for a minimum of ten (1 0)
days written notice of cancellation. It is understood that the specified amounts of insurance in no
way limit the liability of the Grantee to, Grantor. The Grantee shall furnish a certificate fiom the
insurance carrier or carriers showing such insurance to be in full force and effect during the term of
this Agreement, or shall deposit copies of the policies, which give this coverage with Grantor, or
provide evidence of self-insurance satisfactory to Grantor. All such policies shall name Grantor as
additional insured.
b. Contractor’s Insurance. The Grantee shall not allow a contractor (“the Contractor”) to
commence work under this Temporary Easement until all insurance hereinafter required has been
procured and such insurance is approved by Grantor. Insurance as hereinafter provided shall be
kept intact and in force throughout the term of the construction contract. The insurance shall be
in a form satisfactory to Grantor and copies of policies or certificates evidencing such coverage
shall be furnished upon Grantor’s request during the duration of the construction contract.
The Grantee shall furnish an insurance certificate for the construction project to Grantor
or its designated representative using the most current standard ACORD form as evidence of the
Draft 6-1 1-03
required insurance. The certificate shall indicate that at least 15 days’ prior written notice will be
given to Grantor in the event of cancellation, non-renewal or any material change in the policies.
The insurance certificate must be signed and dated by an authorized representative of the
insurance company.
The Grantee shall require the Contractor to obtain, maintain, and pay for all insurance, as
set forth below, that will insure for liability for all damages or injury to any person or any
property in any manner connected with or resulting from the work provided for in this
Temporary Easement or resulting fi-om the use by the contractor, subcontractors, or any of their
agents and employees, of materials, equipment, or other property whether owned by the Grantee,
Grantor, the contractor, subcontractors, or third parties. All of the Contractor’s insurance shall
be primary, and Grantor shall have all the same rights and coverages as the contractor under the
insurance policies.
The Grantee, or if the Alternative Grantee is exercising rights hereunder, the Alternative
Grantee, shall cause any contractor performing work under this Temporary Easement (“the
Contractor”) to provide the insurance, as set forth below, including all liabilities, losses, suits,
claims, judgments, fines or demands against Grantor and its Commissioners, officers, and
employees (hereinafter “the Claim”). The insurance policies shall not limit or delete Grantor’s
coverage in any way based upon Grantor’s acts or omissions. The insurance shall include
coverage for Grantor’s legal fees and costs for investigation and defense of the Claim and any
legal fees and costs incurred by the Grantor and its Commissioners, officers and employees. The
Grantee or their contractor shall be responsible for all deductibles.
The Contractor waives any subrogation rights against Grantor on all claims and insurance
policies.
The Grantee shall require the Contractor to procure and shall maintain during the life of
this Temporary Easement workers’ compensation insurance for all employees working on this
project and shall also require that all subcontractors and sub-subcontractors maintain the same
coverage and limits of workers’ compensation insurance for their employees. Workers’
compensation insurance policies shall also provide employer’s liability insurance with a limit of
$100,000 each accident, $500,000 Disease Policy Limit and $100,000 Disease each employee.
The Grantee shall require the Contractor to procure and maintain throughout the term of
the construction contract comprehensive general liability insurance covering personal injury
including bodily injury and property damage liability with a combined single limit of
$1 0,000,000 for each occurrence and aggregate. The poli~y. shall contain an endorsement for
cross liability and severability of interest coverage.
The comprehensive general liability insurance and umbrella liability insurance if
applicable, shall name the Contractor as insured and shall also name the Grantor and its
Commissioners, agents and employees as additional insured and shall provide contingent liability
for the operations of Subcontractors and sub-subcontractors. The insurance shall cover
completed operations and products liability as well as broad form contractual liability.
Completed operations coverage shall.be maintained for a.minimum of five years. The property
Draft 6-1 1-03
damage liability portion of the policy shall not contain any exclusions with reference to damage
due to blasting, collapse, or undergrouhd facilities.
The Contractor shall provide comprehensive automobile liability insurance covering
bodily injury and property damage with a combined single limit of $1,000,000 for each
occurrence.
Comprehensive automobile liability insurance shall provide coverage for all automobiles
owned by the Contractor and all hired and non-owned vehicles. The Contractor shall also
require that all subcontractors and sub-subcontractors maintain the same coverage and limits of
insurance. The Contractor shall also provide contingent automobile liability insurance for the
operations of subcontractors and sub-subcontractors to ensure coverage as described in this
paragraph.
The Contractor shall be responsible for ensuring subcontractors and sub-subcontractors
maintain insurance requirements outlined within.
(5) Compliance with Laws.
The Grantee shall comply with all laws, ordinances, rules and regulations of the United
States of America, the State of Minnesota, or of agencies, departments or divisions of (including
but not limited to the Riley Purgatory and/or Lower Minnesota River Watershed Districts), or of
the Grantor relating to the lands under this Temporary Easement and the use thereof or relating
to control of ground and air traffic, aircraft operations and the general use and operation of the
Airport; and the Grantee shall see to the payment of any all taxes, assessments, fees or other
charges that may be legally levied, assessed or made during the term of this Temporary
Easement or any extension thereof by reason of the uses hereby permitted of the lands. Grantee
shall provide evidence of compliance with such laws to the Grantor upon request of the Grantor.
(6) Height.
The Grantee expressly agrees for itself, its successors and assigns to restrict the height of
structures, objects of natural growth, and other objects on the herein described real property to a
height that will not constitute an obstruction as determined by the standards in Federal Aviation
Regulation, Part 77. Further, the Grantee agrees that no lights will be permitted or installed on
the Airport Property (including street lighting or temporary construction flood lights) without
prior approval from the Grantor and the FAA, to verify that lighting will have no detrimental
effect on control tower operations or otherwise affect night operations.
17) Flirrht Of Aircraft.
The Grantee expressly agrees for itself, its successors and assigns to prevent any use of
the herein-described real property which would interfere with or be a hazard to the flight of
aircraft over the property or to and from the Airport or interfere with air navigation and
communication facilities presently or in the fhture serving the Airport.
Use of Airport Property hereunder and improvements made in Merance of such use
Draft 6-1 1-03
shall at all times comply with clearance requirements under FAA regulations and state zoning
requirements.
{S) Environmental Responsibilities.
Grantee shall be responsible for and shall indemnie, defend and hold harmless the
Grantor against any environmental costs associated with the Airport Property’ which arise out of
or were caused by Grantee’s actions, inactions, or activities related to the Airport Property during
the tern of this Temporary Easement, including but not limited to liabilities, fines, damages,
injuries, response costs or claims and attorney fees. Grantee’s grant of indemnity contained
within this Section shall survive the termination of this Temporary Easement.
(9) MAC Right Of Entry.
Grantor shall at all times and through its agents and employees or contractors have a right
of entry upon the lands under this Temporary Easement, as may be necessary in the
development, maintenance, operation of the Airport. Further, the Grantor reserves the right to
install and maintain under the lands under this Temporary Easement such utility lines, conduits,
pipes and facilities as may be necessary to the development of said mort, provided Grantor
shall at its cost and expense, repair any damages and restore any portion of the Airport Property
damaged by reason of such installation and maintenance. However, if the Grantee causes the
need for such repair, construction, installation, or maintenance, the Grantor will not pay to repair
or restore any part of the Airport Property.
(1 0) Without Preiudice.
It is understood that the granti.ng of this Temporary Easement and use of the Airport
Property is conditioned upon and shall be without prejudice to the rights of the Grantor as owner
and operator of the aforesaid public Airport of which the subject Airport Property constitute a
Part.
(1 1) Civil Rights.
The Grantee assures that it will comply with pertinent statutes, Executive Orders and
such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color,
national origin, sex, age, or handicap be excluded fiom participating in any activity conducted
with or benefiting from Federal assistance. This Provision obligates the Grantee or its transferee
for the period during which Federal assistance is extended to the airport program, except where
Federal assistance is to provide, or is in the form of personal property or real property or interest
therein or structure or improvements thereon. In these cases, the Provision obligates the party or
any transferee for the longer of the following periods: (a) the period during which the property is
used by the sponsor or any transferee for the purpose for which Federal assistance is extended, or
for another purpose involving the provision of similar services or benefits; or (b) the period
during which the airport sponsor or any transferee retains ownership or possession of the
property.
(12) AfErmative Action and Nondiscrimination.
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In accordance with Grantor’s Afknative Action Policies, no person shall illegally be
excluded fi-om I11-time employment rights in, be denied the benefits of, or be otherwise
subjected to discrimination in the project which is the subject of this permit on the basis of race,
creed, color, sex, marital status, public assistance status, age, disability, or national origin. The
Affirmative Action Policy as may be ainended from time to time shall be applicable to this
temporary easement.
(1 3) Indemnification.
Grantee and any transferee identified in paragraph 3(i) above agree to indemnifl, hold
harmless and defend Grantor, its officers, directors, agents, and employees, fiom any claims,
losses, costs, expenses, or damages resulting from the acts or omissions of their officers, agents,
employees, contractors or subcontractors arising from Grantee’s rights and responsibilities under
this Agreement.
(14) Alternative Grantee. At the option of the Alternative Grantee, the rights granted to the
Grantee hereunder may be exercised by the Alternative Grantee. In the event that the Alternative
Grantee acts under the provisions of this easement, the Alternative Grantee shall be required to
perform all duties and obligations of the Grantee hereunder.
Draft 6-1 1-03
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the
dates written below:
METROPOLITAN AIRPORTS
COMMISSION
By:
Jeffrey Hamiel
Executive Director
Date:
HEN” VILLAGE LIMITED
PARTNERSHIP
By The Pemtom Land Company
Its General Partner
By:
Its:
Date:
THE CITY OF EDEN PRAIRIE
BY
Its
BY
Its
Draft 6-1 1-03
EXHIBIT A TO TEMPORARY GRADING EASEMENT
GRANTEE’S PROPERTY
SITE c
Tracts A & By Registered Land Survey No.1730, Files of the Registrar of Titles, Hennepin County,
Minnesota;
And also,
That part of the South 112 of the South 1/2 of the Northwest Quarter of Section 28, Township 116,
Range 22, which lies easterly of the following described line: cornmencing at the Southeast comer
of the said Northwest Quarter; thence West along the South line of said Northwest Quarter a
distance of 890.5 feet to the point of beginning of the line to be described; thence deflecting to the
right at an angle of 80 degrees 30 minutes a distance of 419.8 feet to the center line of Hennepin
County Road No. 4; thence Northerly along said center line to the North line of said South 1/2 of
the South 112 of the Northwest Quarter and there terminating, and lying westerly of the following
described line: cornmencing at the Southeast comer of said Northwest Quarter; thence westerly
along the south line thereof for a distance of 809.39 feet; thence northwesterly deflecting to the right
80 degrees 30 minutes for a distance of 673.60 feet to the north line of said South Half of the South
Half of the Northwest Quarter and being the point of beginning of the line to be described; thence
southeasterly deflecting right 180 degrees a distance of 484.49 feet; thence southeasterly along a
tangential curve concave to the northeast having a radius of 620 feet, a distance of 197.66 feet to the
south line of said Northwest Quarter and there terminating.
And also,
That part of the Southeast Quarter of Section 28, Township 116, Range 22, Hennepin County,
Minnesota lying easterly and southerly of Tract D, Registered Land Survey No. 1667, files of the
Hennepin County Registrar of Titles and lying northerly of the northerly right of way of U.S.
Highway No. 169-212, EXCEPT that part of said Southeast Quarter which lies northerly of a line
described as beginning at the Southeast comer of the Northeast Quarter of the Southeast Quarter;
thence North 72 degrees 17 minutes 46 seconds West, assuming the east line of said Southeast
Quarter bears North 00 degrees 17 minutes 55 seconds West, a distance of 1045.32 feet to the
east line of said Tract D and said line there terminating, and except that part shown as Parcel 210
on the plat designated as State Highway Right of Way Plat Numbered 27-3.
Draft 6-1 1-03
EXHIBIT B TO TEMPORARY GRADING EASEMENT
TEMPORARY EASEMENT AREAS
Temporary Grading Easement A Legal Description:
A temporary grading easement over under and across that part of the Tract D, Registered Land
Survey No. 1667, files of the Registrar of Titles, Hemepin County Minnesota, the South One
Half of the South One Half of the Northwest Quarter and the Northeast Quarter of the Southeast
Quarter all in Section 28, Township 116, Range 22, Hennepin County Minnesota, described as
follows:
Commencing at the Southeast corner of said Northeast Quarter of the Southeast Quarter;
thence North 72 degrees 17 minutes 46 seconds West, assuming the east line of said
Southeast Quarter bears North 00 degrees 17 minutes 55 seconds West, a distance of
926.96 feet to the actual point of beginning; thence continue westerly along said line, a
distance of 2,300.14 feet; thence northwesterly along a tangential curve concave to the
northeast, having a central angle of 61 degrees 56 minutes 52 seconds and a radius of
620.00 feet, for an arc distance' of 670.34 feet; thence North 10 degrees 20 minutes 54
seconds West, tangent to last described curve, a distance of 407.25 feet; thence South 75
degrees 29 minutes 34 seconds East, a distance of 232.30 feet; thence South 41 degrees 39
minutes 40 seconds East, a distance of 21 1.67 feet; thence South 25 degrees 58 minutes 50
seconds East, a distance of 435..56 feet; thence South 43 degrees 20 minutes 46 seconds
East, a distance of 105.03 feet; thence South 40 degrees 58 minutes 59 seconds East, a
distance of 270.38 feet; thence South 72 degrees 22 minutes 3 1 seconds East, a distance of
549.75 feet; thence North 82 degrees 37 minutes 13 seconds East, a distance of 165.55 feet;
thence South 69 degrees 09 minutes 41 seconds East, a distance of 764.45 feet; thence
South 89 degrees 14 minutes 11 seconds East, a distance of 192.61 feet; thence South 64
degrees 52 minutes 58 seconds East, a distance of 164.05 feet; thence South 34 degrees 02
minutes 21 seconds East, a distance of 243.37 to the point of beginning.
Containing 557,906 square feet or 12.81 acres, more or less.
Temporary Grading Easement B Legal Description:
A temporary grading easement over under and across that part of the Northeast Quarter of the
Southeast Quarter of Section 28, and the Southwest Quarter of Section 27, all in Township 116,
Range 22, Hemepin County Minnesota, described as follows:
Beginning at the Southeast corner of said Northeast Quarter of the Southeast Quarter; thence
South 00 degrees 17 minutes 55 seconds East, assumed bearing along the east line of said
Southeast Quarter, a distance of 20.00 feet; thence North 89 degrees 42 minutes 05 seconds
East, a distance of 35.07 feet; thence North 00 degrees'l7 minutes 55 seconds West, a distance
of 96.57 feet; thence South 89 degrees 42 minutes 05 seconds West, a distance of 270.69 feet;
thence South 72 degrees 17 minutes 46 seconds East, a distance of 247.75 feet to the point of
beginning.
Containing 12,407 square feet or 0.28 acres, more or less.
Draft 6-1 1-03
Temporary Grading Easement C Legal Description:
A temporary grading easement over under and across that part of the Southwest Quarter of
Section 27, Township 116, Range 22, Hennepin County Minnesota, described as follows:
Commencing at the Northwest comer of the Southwest Quarter of said Southwest Quarter;
thence South 00 degrees 17 minutes 55 seconds E&t, assumed bearing along the west line
of said Southwest Quarter, a distance of 165.1 1 feet to the actual point of beginning; thence
continuing South 00 degrees 17 minutes 55 seconds East, along said west line, a distance of
596.44 feet; thence North 37 degrees 06 minutes 55 seconds East, a distance of 207.75 feet;
thence North 00 degrees 17 minutes 55 seconds West, a distance of 257.54 feet; thence
North 36 degrees 16 minutes 27 seconds West, a distance of 214.87 feet to the point of
beginning.
Containing 53,896 square feet or 1.24 acres, more or less.
%a
Draft 6-1 1-03
EXHJBIT C TO TEMPORARY GRADINGEASEMENT
SKETCH OF TEMPORARY EASEMENT AREAS
(on following unnumbered page)
Draft 6/11/03
TEMPORARY EASEMENT
FOR CONSTRUCTION AND MAINTENANCE PURPOSES
for CSAH 4, SPRING ROAD, EDEN PRAIRIE ROAD
and CHARLSON ROAD IMPROVEMENTS
This temporary easement is granted this day of , 2003, by the
Metropolitan Airports Commission, a public corporation under the laws of the State of
Minnesota, (“Grantor”), to The City of Eden Prairie, Minnesota, a Minnesota municipal
corporation (“Granteeyy), in accordance with the conditions herein described.
(1) Recitals.
WHEREAS, Grantor owns and operates the Flying Cloud Airport (“Airport Property”),
which lies within the City of Eden Prairie, Minnesota;
WHEREAS, the Grantee has prepared plans and specifications for the construction of
certain improvements to a part of County State Aid Highway (“CSAH”) 4, also known as Spring
Road; improvements to Eden Prairie.Road; and new construction of the entrance to Charlson
Road, a portion of CSAH 4, and dry detention ponds, all located in the City of Eden Prairie,
County of Hennepin, State of Minnesota;
WHERBAS, said plans and specifications are designated as Eden Prairie Project No. I.C.
02-5566, Charlson Area Improvements (“Plans and Specifications”);
WHEREAS, permanent right-of-way and drainagehtility easements for the proposed
roadway and drainage improvements on Airport property will require Grantor to release the land
fi-om aviation uses, ar;‘d will be subject to restrictions for development because of its proximity to
the Airport;
WHEREAS, in order for Grantee to construct various public improvements on Grantor’s
Property, it is necessary to alter the grade and improve Grantor’s Property. These areas of
temporary easement are legally described on Exhibit A and graphically shown and designated as
Proposed Roadway R/W, Temporary Construction Easements and Drainage and Utility
Easements, on Exhibit B (the “Temporary Easement Areas”);
WHEREAS, the Grantor has determined that the authorized uses under this Temporary
Easement would not interfere with the Airport operations;
WHEREAS, Grantor has entered into a Memorandum of Understanding with the Grantee
(Exhibit C), which includes the provision of a temporary easement to Grantee to allow for the
proposed construction and required maintenance of the improvements and grade alteration within
the Temporary Easement Areas.
94 J
Draft 6/11/03
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, this temporary easement is granted to the Grantee for the
purposes of allowing the construction to occur. The requirements and conditions for the granting
of the temporary easement are stated herein.
(2) Temporary Easement.
(a) Grantor hereby issues to the Grantee this temporary easement allowing the Grantee,
and its employees, agents, and contractors, the temporary right of entry upon a certain portion of
the Airport Property and to alter the grade and improve the Temporary Easement Areas all on the
terms and conditions hereinafter set forth.
(b) The portion of the Airport Property over which this temporary easement is granted is
described on Exhibit A and graphically shown on Exhibit B. The Temporary Easement Areas
contain approximately 25.94 acres.
(c) The temporary easement is granted to the Grantee as required by the Memorandum of
Understanding at no cost for no other purpose than perfo-g the construction activities
described; those activities include, but are not limited to, surveying, staking, operation of
construction equipment for grading work, tree removal, paving of roadways, installation of
utilities, and restoration of all disturbed areas. It is understood that all roadways will be operated
as public thoroughfares by the Grantee in accordance with existing ordinances and applicable
' State Statutes.
(d) The temporary easement shall expire on June 30,2006 . Maintenance
responsibilities associated with the conditions set forth below shall continue as long as all
roadways remain active public thoroughfares and until vegetation is well established and the
easement area contains no erosion.
(e) The roadway and drainage improvements on Airport Property within Temporary
Easement Area and the provision of permanent right-of-way for all roads is subject to Federal
Aviation Administration (FAA) approval for release of the property fiom aviation uses. This
temporary easement is granted prior to receiving FAA approval to allow for grading and
construction to begin as requested by the Grantee. Grantee hereby understands that if the FAA
ultimately denies the land release for the improvements, all Temporary Easement Areas must be
restored to its pre-existing condition tq'the extent required by the FAA.
(3) Conditions of the Temporary Easement.
(a) The granting of this temporary easement shall not transfer to the Grantee any
ownership interest in the Airport Property, and upon expiration of this Temporary Easement, the
temporary rights of the Grantee shall cease, except for maintenance operations, as described in
3(e f, and g) below.
45
Draft 6/11/03
Grantee. It shall be the Grantee’s responsibility to remove excess soil, remains fiom tree
removals and all tree stumps from Airport Property. Grantee shall be responsible for removal or
disposal required by federal, state or local law of hazardous materials encountered in the
easement area as a result of Grantee’s activities herein. No mining of Airport Property will be
allowed.
(b) All construction costs associated with the Grantee’s project shall be borne by the
(c) The Grantee agrees to oversee the construction and restoration of the Project to
assure that all work is completed in accordance with the Plans and Specifications. Grantee shall
ensure that the final grades and contours of the Temporary Easement Areas shall extend and tie-
off to match existing grades, and shall cause the final elevations in the Temporary Easement
Areas to be those set forth in the approved grading plans.
(d) The airside operations are of the Airport is enclosed by Airport security fence. The
Plans and Specifications require relocation of this fence. The Grantee agrees to notirjr Grantor at
least forty-eight (48) hours prior to entering Airport property to complete this work or for any
other work that must be completed within the security fence . The Grantee shall provide the
Grantor with a schedule for duration of. such events, so that Grantor can issue the appropriate
Notice to Airmen (NOTAMs) for men and equipment working near the airfield. Notification
shall be made to Joe Harris, Airport Manager, at 763-537-2058, or his successor.
(e) The Grantee agrees to maidah the land under this Temporary Easement and all
improvements thereon in a neat and clean condition and in good repair, keeping the Airport
Property free from debris and erosion. The Grantee shall not suffer or permit any waste or
nuisance on the Property and shall allow no illegal acts or conduct thereon or such as will
constitute a nuisance.
(0 Ongoing maintenance of the roadways shall include, but not be limited to, any
necessary repairs and continuing bituminous/concrete maintenance, pavement marking, repair
andor replacement of any signage, and snow plowing. Grantor shall not be responsible for any
costs related to operating or maintaining the roadways or for any future assessments for CSAH 4,
Spring Road, Eden Prairie Road, or Charlson Road.
Ongoing maintenance of the graded areas will be the responsibility of the Grantee, and
shall consist of regular and periodic inspections to observe the hydraulic and operational status of
the side slopes. Erosion shall be repaired immediately to prevent loss or deposit of materials
fiodto the Airport Property. Maintenance of the graded areas shall not require additional
permits fiom Grantor, however, the Grantee is required to notirjr Grantor at least forty-eight (48)
hours prior to the start of any maintenance work, except hi emergency situations. In the event of
an emergency, the Grantee shall notifj Grantor immediately and prior to entering the property.
Notification shall be made to the Axport Manager, as listed in 3(d) above.
(g) The Grantee agrees that maintenance of the graded areas and roadway will continue
in perpetuity. Material lost due to erosion shall be replaced and the area regraded to maintain the
design 3:l slope. Slopes greater than 3: 1 will not be allowed within the Temporary Easement
Areas. In areas where the slopes are disturbed by the Grantor as part of a future construction
project, Grantor shall be responsible for erosion control and reestablishment. This, however, will
Draft 611 1/03
not relieve the Grantee fiom the continuing obligation for all remaining areas within the
Temporary Easement not disturbed by Grantor.
(h) In the event that the Grantor shall, in its sole and absolute discretion, determine
that the Temporary Easement Areas has been fully re-seeded and restored to its prior condition
and no erosion has occurred, Grantor shall execute and deliver to Grantee an instrument
releasing Grantee, their heirs, successors, and assigns, fi-om any further liability or obligations
hereunder and this Temporary Grading Easement shall thereafter become null and void and of no
further effect. The Grantee shall continue to be obligated to perform any specific duty or
responsibility which is required under.this easement and extends beyond the expiration term of
this Temporary Easement. The ultimate transfer of permanent right-of-way to the Grantee will
require the Grantee to be responsible for maintaining the ROW property and preventing erosion.
(i) The rights, conditions and provisions of this temporary easement shall inure to the
benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the
Grantee’s Property for which this temporary easement is being provided. Any transferee of
Grantee’s Property shall be subject to this temporary easement, and shall assume and be
responsible for the duties and obligations herein.
0) The mort Property, including the portions of it legally described on Exhibit A, shall
at all times be subject to regulations and restrictions imposed by the Federal Aviation
Administration (FAA) including height of structures or other objects that might interfere with
safe operations at the Flying Cloud mort and Grantor may require the removal or modification
of any above ground object or structure upon the Airport Property whether permanent or
temporary, if Grantor believes that said object or structure violates applicable FAA regulations or
interferes with the safe operation of the Flying Cloud Airport.
(4) Insurance.
a. Grantee Insurance. The Grantee shall either (i) maintain insurance, with
underwriters satisfactory to Grantor, a standard term policy or policies of insurance in amounts as
hereinafter set out protecting both the Grantee and Grantor and its Commissioners, officers and
employees against public liability and property damage, including products liability, or (ii) provide
self-insurance providing equivalent protection. Such policy or policies shall be in the amount of
statutory limits provided for by Minn. Stat. 9 466.04, or as such statute may be amended or
modified fi-om time to time, which currently requires one million dollars ($1,000,000) per accident
or occurrence or three hundred thousand dollars ($300,000) per person. Such policy or policies
shall provide for a minimum of ten (lo) days written notice of cancellation. It is understood that the
specified amounts of insurance in no way limit the liability of the Grantee to Grantor. The Grantee
shall Msh a certificate fi-om the insurance carrier or carriers showing such insurance to be in full
force and effect during the term of this Agreement, or shall deposit copies of the policies, which
give this coverage with Grantor, or provide evidence of self-insurance satisfactory to Grantor. All
such policies shall name Grantor as additional insured.
b. Contractor’s Insurance. The Grantee shall not allow a contractor (the
“Contractor”) to commence work under this Temporary Easement until all insurance hereinafter
Draft 6/11/03
required has been procured and such insurance is approved by Grantor. Insurance as hereinafter
provided shall be kept intact and in force throughout the term of the construction contract. The
insurance shall be in a form satisfactory to Grantor and copies of policies or certificates
evidencing such coverage shall be furnished upon Grantor’s request during the duration of the
construction contract.
The Grantee shall furnish an insurance certificate for the construction proj.ect to Grantor
or its designated representative using the most current standard ACORD form as evidence of the
required insurance. The certificate shall indicate that at least 15 days’ prior written notice will be
given to Grantor in the event of cancellation, non-renewal or any material change in the policies.
The insurance certificate must be signed and dated by an authorized representative of the
insurance company.
The Grantee shall require the Contractor to obtain, maintain, and pay for all insurance, as
set forth below, that will insure for liability for all damages or injury to any person or any
property in any manner connected with or resulting from the work provided for in this
Temporary Easement or resulting from the use by the contractor, subcontractors, or any of their
agents and employees, of materials, equipment, or other property whether owned by the Grantee,
Grantor, the contractor, subcontractors, or third parties. All of the Contractor’s insurance shall
be primary, and Grantor shall have all &e same rights and coverages as the contractor under the
insurance policies.
The Grantee shall require the Contractor to provide the insurance, as set forth below,
including all liabilities, losses, suits, claims, judgments, fines or demands against Grantor and its
Commissioners, officers, and employees (hereinafier “the Claim”). The insurance policies shall
not limit or delete Grantor’s coverage in any way based upon Grantor’s acts or omissions. The
insurance shall include coverage for Grantor’s legal fees and costs for investigation and defense
of the Claim and any legal fees and costs incurred by the Grantor and its Commissioners, officers
and employees. The Grantee or their contractor shall be responsible for all deductibles.
The Contractor to waive any subrogation rights against Grantor on all claims and
insurance policies.
The Grantee shall require the Contractor to procure and shall maintain during the life of
this Temporary Easement workers’ compensation insurance for all employees working on this
project as required by statute and shall also require that all subcontractors and sub-subcontractors
maintain the same coverage and limits of workers’ compensation insurance for their employees.
Workers’ compensation insurance policies shall also provide employer’s liability insurance with
a limit of $100,000 each accident, $500,000 Disease Policy Limit and $100,000 Disease each
employee.
The Grantee shall require the Contractor to procure and maintain throughout the term of
the construction contract comprehensive general liability insurance covering personal injury
including bodily injury knd property damage liability with a combined single limit of
$10,000,000 for each occurrence and aggregate. The policy shall contain an endorsement for
cross liability and severability of interest coverage.
Draft 6/11/03
The comprehensive general liability insurance and umbrella liability insurance if
applicable, shall name the Contractor &i insured and shd also name the Grantor and its
Commissioners, agents and employees as additional insured and shall provide contingent liability
for the operations of Subcontractors and sub-subcontractors. The insurance shall cover
completed Operations and products liability as well as broad form contractual liability.
Completed operations coverage shall be maintained for a minimum of five years. The property
damage liability portion of the policy shall not contain any exclusions with reference to damage
due to blasting, collapse, or underground facilities.
The Contractor shall provide comprehensive automobile liability insurance covering
bodily injury and property damage with a combined single limit of $1,000,000 for each
occurrence.
Comprehensive automobile liability insurance shall provide coverage for all automobiles
owned by the Contractor and all hired and non-owned vehicles. The Contractor shall also
require that all subcontractors and sub-subcontractors maintain the same coverage and limits of
insurance. The Contractor shall also provide contingent automobile liability insurance for the
operations of subcontractors and sub-subcontractors to ensure coverage as described in this
paragraph.
The Contractor shall be responsible for ensuring subcontractors and sub-subcontractors
maintain insurance requirements outlined within.
(5) Compliance With Laws.
The Grantee shall comply with all laws, ordinances, rules and regulations of the United
States of America, the State of Minnesota, or of agencies, departments or divisions of (including
but not limited to the Riley Purgatory and/or Lower Minnesota River Watershed Districts), or of
the Grantor relating to the lands under this Temporary Easement and the use thereof or relating
to control of ground and air traffic, aircraft operations and the general use and operation of the
Airport; and the Grantee shall see to the payment of any all taxes, assessments, fees or other
charges that may be legally levied, assessed or made durigg the term of this Temporary
Easement or any extension thereof by reason of the uses hereby permitted of the lands. Grantee
shall provide evidence of compliance with such laws to the Grantor upon request of the Grantor.
(6) Height.
The Grantee expressly agrees for itself, its successors and assigns to restrict the height of
structures, objects of natural growth, and other objects on the herein described real property to a
height that will not constitute an obstruction as determined by the standards in Federal Aviation
Regulation, Part 77. Further, the Grantee agrees that no lights will be permitted or installed on
the Azrport Property (including street lighting or temporary construction flood lights) without
prior approval by Grantor and the FAA, to verify that the lighting will have no detrimental effect
on control tower operations or otherwise affect night operations.
(7) Flight Of Aircraft
Draft 6/11/03
the herein-described real property which would interfere with or be a hazard to the flight of
ahcraft over the property or to and fiom the Airport or interfere with air navigation and
communication facilities presently or in the future serving the Auport.
The Grantee expressly agrees for itself, its successors and assigns to prevent any use of
Use of mort Property hereunder and improvements made in Merance of such use
shall at all times comply with clearance requirements under FAA regulations and state zoning
requirements.
(8) Environmental Responsibilities.
Grantee shall be responsible for and shall indemnify, defend and hold harmless the
Grantor against any environmental costs associated with the Auport Property, including but not
limited to liabilities, fines, damages, injuries, response costs or claims and attorney fees, and
which arise out of or were caused by Grantee’s actions, inactions or activities related to the
mort Property during the term of this Temporary Easement. Grantee’s grant of indernnity
contained within this Section shall survive the termination of this Temporary Easement and shall
not be limited by statutory limits provided for by Minn. stat. 466.04, subd. 4, or as such statute
may be amended or modified fkom time to time.
(9) MAC Ribt Of Entry.
Grantor shall at all times and through its agents and employees or contractors have a right
of entry upon the lands under this Temporary Easement, as may be necessary in the
development, maintenance, operation of the Airport. Further, the Grantor reserves the right to
install and maintain under the lands under this Temporary Easement such utility lines, conduits,
pipes and facilities as may be necessary to the development of said Airport, provided Grantor
shall at its cost and expense, repair any damages and restore any portion of the Airport Property
damaged by reason of such installation and maintenance. However, if the Grantee causes the
need for such repair, construction, installation, or maintenance, the Grantor will not pay to repair
or restore any part of the Airport Property.
(1 0) Without Prejudice.
It is understood that the granting of this Temporary Easement and use of the Airport
Property is conditioned upon and shall be without prejudice to the rights of the Grantor as owner
and operator of the aforesaid public Airport of which the subject Airport Property constitute a
Part.
(1 1) Civil Rirzhts.
The Grantee assures that it will comply with pertinent statutes, Executive Orders and
such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color,
national origin, sex, age, or handicap be excluded from participating in any activity conducted
with or benefiting fiom Federal assistance. This Provision obligates the Grantee or its transferee
for the period during which Federal assistance is extended to the airport program, except where
I
Draft 6/11/03
Federal assistance is to provide, or is in the form of personal property or real property or interest
therein or structure or improvements thereon. In these cases, the Provision obligates the party or
any transferee for the longer of the following periods: (a) the period during which the property is
used by the sponsor or any transferee for the purpose for which Federal assistance is extended, or
for another purpose involving the provision of similar services or benefits; or (b) the period
during which the airport sponsor or any transferee retains ownership or possession of the
property.
(12) Affirmative Action and Nondiscrimination.
In accordance with Grantor’s Affirmative Action Policies, no person shall illegally be
excluded fkom fbll-time employment rights in, be denied the benefits of, or be otherwise
subjected to discrimination in the project which is the subject of this permit on the basis of race,
creed, color, sex, marital status, public assistance status, age, disability, or national origin. The
Affirmative Action Policy as may be amended from time to time shall be applicable to this
temporary easement.
(1 3) Indemnification.
Grantee and any transferee identified in paragraph 3(i) above agree to indemnify, hold
harmless and defend Grantor, its officers, directors, agents, and employees, fi-om any claims,
losses, costs, expenses, or damages resulting from the acts or omissions of their officers, agents,
employees, contractors or subcontractors arising from Grantee’s rights and responsibilities under
this Agreement.
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the
dates written below:
METROPOLITAN AIRPORTS
COMMISSION
By:
Jeffkey Hamiel
Executive Director
THE CITY OF EDEN PRAIRIE
By:
Its:
Date: Date:
Draft 6/11/03
TEMPORARY EASEMENT
FOR CONSTRUCTION AND MAINTENANCE PURPOSES
for PINCHERRY LANE
This temporary easement is granted this day of ,2003, by the
Metropolitan Airports Commission, a public corporation under the laws of the State of
Minnesota, (“Grantor”), to The City of Eden Prairie, Minnesota, a Minnesota municipal
corporation (“Grantee”), in accordance with the conditions herein described.
(1) Recitals.
WHEREAS, Grantor owns and operates the Flying Cloud Airport (“Airport Propertf’),
which lies within the City of Eden Prairie, Minnesota;
WHEREAS, the Grantee has approved plans prepared by Hennepin Village Limited
Partnership, a Minnesota limited partnership and its General Partner, The Pemtom Land
Company, a Minnesota corporation (collectively, the . “Developer”) for the construction of
Pincherry Lane, located in the City of Eden Prairie, County of Hennepin, State of Minnesota;
WHEREAS, said plans and specifications are designated as Construction Plans for Sanitary
Sewer, Water Main, Storm Sewer and Streets for Eagle Ridge at Hennepin Village One, dated June
6,2003 (‘’Plans and Specifications”);
WHEREAS, Grantor has provided the Developer with a temporary grading easement for .
the construction of Pincheny Lane coincident with the granting of this Temporary Easement;
WHEREAS, the Grantee will assume operation and maintenance requirements upon
completion of the construction of Pincherry Lane;
WHEREAS, permanent right-of-way and utility easements for the proposed roadway on
Airport property will require Grantor to release the land fkom aviation uses, and will be subject
to restrictions for development because of its proximity to the Airport;
WHEREAS, area of temporary easement is legally described on Exhibit A and
graphically shown and designated as Proposed Roadway and Utility Easement, on Exhibit B (the
“Temporary Easement Area”);
WHEREAS, the Grantor has determined that the authorized uses under this Temporary
Easement would not interfere with the Airport operations;
Draft 611 1/03
WHEREAS, Grantor has entered into a Memorandum of Understanding with the Grantee
(Exhibit C), which includes the provision of a temporary easement to Grantee to allow for the
proposed construction and required maintenance of the improvements and grade alteration within
the Temporary Easement Area.
NOW, THEREFORE, in consideration of the mutual covenants contahed herein and
other good and valuable consideration, this temporary easement is granted to the Grantee for the
purposes of allowing the construction to occur. The requirements and conditions for the granting
of the temporary easement are stated herein.
(2) Temporary Easement.
(a) Grantor hereby issues to the Grantee this temporary easement allowing the Grantee,
and its employees, agents, and contractors, the temporary right of entry upon a certain portion of
the Airport Property and to operate a roadway and maintain the Temporary Easement Area all on
the terms and conditions hereinafter set forth.
(b) The portion of the Anport Property over which this temporary easement is granted is
described on Exhibit A and graphically shown on Exhibit B. The Temporary Easement Area
contains approximately 0.32 acres. '
(c) The temporary easement is granted to the Grantee as required by the Memorandum of
Understanding at no cost for no other purpose than to operate Pincherry Lane as a public
thoroughfare in accordance with existing ordinances and applicable State Statutes.
(d) The temporary easement shall expire on June 30,2006 . Maintenance
responsibilities associated with the conditions set forth below shall continue as long as the
roadway remains an active public thoroughfare and until vegetation is well established and the
easement area contains no erosion. $0
(e) The roadway And drainage improvements on Airport Property within Temporary
Easement Area and the provision of permanent right-of-way for the road is subject to Federal
Aviation Administration (FAA) approval for release of the property from aviation uses. This
temporary easement is granted prior to receiving FAA approval to allow for grading and
construction to begin as requested by the Grantee. Grantee hereby understands that if the FAA
ultimately denies the land release for the improvements, all Temporary Easement Areas must be
restored to its pre-existing condition to the extent required by the FAA.
(3) Conditions of the Temporary Easement.
(a) The granting of this temporary easement shall not transfer to the Grantee any
ownership interest in the Airport Property, and upon expiration of this Temporary Easement, the
temporary rights of the Grantee shall cease, except for maintenance requirements as described
below.
(b) The airside operations are of the Airport is enclosed by Airport security fence. The
Temporary Easement Area is located outside of this fenced area. If the Grantee must access
Dr& 6/11/03
Airport property inside the fence for any reason, the Grantee agrees to now Grantor at least
forty-eight (48) hours prior to entering Airport property to complete this work or for any other
work that must be completed witbin the security fence . The Grantee shall provide the Grantor
with a schedule for duration of such events, so that Grantor can issue the appropriate Notice to
Airmen (NOTAMs) for men and equipment working near the airfield. Notification shall be
made to Joe Harris, Airport Manager, at 763-537-2058, or his successor.
(c) The Grantee agrees to maintain the land under this Temporary Easement and all
improvements thereon in a neat and clean condition and in good repair, keeping the Azrport
Property fkee fiom debris and erosion. The Grantee shall not suffer or permit any waste or
nuisance on the Property and shall allow no illegal acts or conduct thereon or such as will
constitute a nuisance.
(d) Ongoing maintenance of the roadway shall include, but not be limited to, any
necessary repairs and continuing bituminoushoncrete maintenance, pavement marking, repair
andor replacement of any signage, and snow plowing. Grantor shall not be responsible for any
costs related to operating or maintaining the roadways or for any future assessments for
Pincherry Lane.
(e) The ultimate transfer of permanent right-of-way to the Grantee will require the
Grantee to be responsible for maintaining the right-of-way property and preventing erosion.
(9 The rights, conditions and provisions of this temporary easement shall inure to the
benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the
Grantee’s Property for which this temporary easement is being provided. Any transferee of
Grantee’s Property shall be subject to this temporary eGement, and shall assume and be
responsible for the duties and obligations herein.
(g) The mort Property, including the portions of it legally described on Exhibit A,
shall at all times be subject to regulations and restrictions imposed by the Federal Aviation
Administration (FAA) including height of structures or other objects that might interfere with
safe operations at the Flying Cloud Airport and Grantor may require the removal or modification
of any above ground object or structure upon the Airport Property whether permanent or
temporary, if Grantor believes that said object or structure violates applicable FAA regulations or
interferes with the safe operation of the Flying Cloud Airport.
‘
(4) Grantee Insurance.
The Grantee shall either (i) maintain insurance, with underwriters satisfactory to Grantor, a
standard term policy or policies of insurance in amounts as hereinafter set out protecting both the
Grantee and Grantor and its Commissioners, officers and ekployees against public liability and
property damage, including products liability, or (ii) provide self-insurance providing equivalent
protection. Such policy or policies shall be in the amount of statutory limits provided for by Mhn.
Stat. 0 466.04, or as such statute may be amended or modified &om time to the, which currently
requires one million dollars ($1,000,000) per accident or occurrence or three hundred thousand
dollars ($300,000) per person. Such policy or policies shall provide for a minimum of ten (10) days
.J
Draft 6/11/03
written notice of cancellation. It is understood that the specified amounts of insurance in no way
limit the liability of the Grantee to Grantor. The Grantee shall furnish a certificate fiom the
insurance carrier or carriers showing such insurance to be in fbll force and effect during the term of
this Agreement, or shall deposit copies of the policies, which give this coverage with Grantor, or
provide evidence of self-insurance satisfatory to Grantor. All such policies shall name Grantor as
additional insured.
(5) Compliance With Laws.
The Grantee shall comply with all laws, ordinances, rules and regulations of the United
States of America, the State of Minnesota, or of agencies, departments or divisions of (including
but not limited to the Riley Purgatory and/or Lower Minnesota River Watershed Districts), or of
the Grantor relating to the lands under this Temporary Easement and the use thereof or relating
to control of ground and air traffic, aircraft operations and the general use and operation of the
Airport; and the Grantee shall see to the payment of any all taxes, assessments, fees or other
charges that may be legally levied, assessed or made during the term of this Temporary
Easement or any extension thereof by reason of the uses hereby permitted of the lands. Grantee
shall provide evidence of compliance with such laws to the Grantor upon request of the Grantor.
(6) Height.
The Grantee expressly agrees for itself, its successors and assigns to restrict the height of
structures, objects of natural growth, and other objects on the herein described real property to a
height that will not constitute an obstruction as determined by the standards in Federal Aviation
Regulation, Part 77. Further, the Grantee agrees that no lights will be permitted or installed on
the Airport Property (including street lighting or temporary construction flood lights) without
prior approval by Grantor and the FAA, to verify that the.lighting will have no detrimental effect
on control tower operations or otherwise affect night operations.
(7) Flight OEAircraft.:
The Grantee expressly agrees for itself, its successors and assigns to prevent any use of
the herein-described real property which would interfere with or be a hazard to the flight of
aircraft over the property or to and fiom the Airport or interfere with air navigation and
communication facilities presently or in the future serving the Airport.
Use of Airport Property hereunder and improvements made in furtherance of such use
shall at all times comply with clearance requirements under FAA regulations and state zoning
requirements.
(8) Environmental Responsibilities.
Grantee shall be responsible for and shall indemnify, defend and hold harmless the
Grantor against any environmental costs associated with the Airport Property, including but not
limited to liabilities, fines, damages, &juries, response costs or claims and attorney fees, and
which arise out of or were caused by Grantee’s actions, inactions or activities related to the
Draft 6/11/03
Airport Property during the term of this Temporary Easement. Grantee’s grant of indemnity
contained within this Section shall survive the termination of this Temporary Easement and shall
not be limited by statutory limits provided for by Minn. stat. 466.04, subd. 4, or as such statute
may be amended or modified fi-om time to time.
(9) MAC Right Of Entrv.
Grantor shall at all times and through its agents and employees or contractors have a right
of entry upon the lands under this Temporary Easement, gs may be necessary in the
development, maintenance, operation of the Airport. Further, the Grantor reserves the right to
install and maintain under the lands under this Temporary Easement such utility lines, conduits,
pipes and facilities as may be necessary to the development of said Airport, provided Grantor
shall at its cost and expense, repair any damages and restore any portion of the Airport Property
damaged by reason of such installation and maintenance. However, if the Grantee causes the
need for such repair, construction, installation, or maintenance, the Grantor will not pay to repair
or restore any part of the Airport Property.
(1 0) Without Preiudice.
It is understood that the granting of this Temporary Easement and use of the Airport
Property is conditioned upon and shall be without prejudice to the rights of the Grantor as owner
and operator of the aforesaid public mort of which the subject Airport Property constitute a
P*.
(1 1) Civil Rights.
The Grantee assures that it will comply with pertinent statutes, Executive Orders and
such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color,
national origin, sex, age, or handicap be excluded from participating in any activity conducted
with or benefiting from Federal assistance. This Provision obligates the Grantee or its transferee
for the period during which Federal assistance is extended to the airport program, except where
Federal assistance is to provide, or is in the form of personal property or real property or interest
therein or structure or improvements thereon. In these cases, the Provision obligates the party or
any transferee for the longer of the following periods: (a) the period during which the property is
used by the sponsor or any transferee for the purpose for which Federal assistance is extended, or
for another purpose involving the provision of similar services or benefits; or (b) the period
during which the airport sponsor or any transferee retains ownership or possession of the
property.
(1 2) Affirmative Action and Nondiscrimination.
In accordance with Grantor’s Affirmative Action Policies, no person shall illegally be
excluded from fill-time employment n&ts in, be denied the benefits of, or be otherwise
subjected to discrimination in the project which is the subject of this permit on the basis of race,
creed, color, sex, marital status, public assistance status, age, disability, or national origin. The
Affirmative Action Policy as may be amended from time to time shall be applicable to this
Draft 6/11/03
temporary easement.
(13) Indemnification.
Grantee and any trans,;ree ident Bed in paragraph 3(f) above agree to in( :rnni@, hold
hannless and defend Grantor, its officers, directors, agents, and employees, fiom any claims,
losses, costs, expenses, or damages resulting fiom the acts or omissions of their officers, agents,
employees, contractors or subcontractors arising .from Grkntee’s rights and responsibilities under
this Agreement.
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the
dates written below:
METROPOLITAN AIRPORTS
COMMISSION
THF, CITY OF EDEN PRAIRIE
By:
By:
Jeffiey Hamiel Its:
Executive Director
Date: Date:
71
Crry OFEDEN PRAlRlE
EDEN PRAlRlE Rom/CSAH 4 RECONSTRUCTION
SRF No. 0003726.2
?MAY 10,2001
REVISED MARCH 21,2003
RIGHT-OF-WAY ACQUISITION
REVISED FEBRUARY 19,2003
PARCELMAC~ -TE
OWNER: METROPOL~AN AIEWORTS COMMISSION
P.I.N.: 29-1 16-22-1 1-0003
DESCRIBED AREA: 306,830 SQ. F”. EXCLUDES AREA OF PROPOSED PERPETUAL EASEMENTS.)
Property Description and Owner According to Hennepin County Auditor Records.
A temporary easement for construction purposes over, under, across and through the following described
property:
That part of the Northeast Quarter of the Northeast Quarter of Section 29, Township 116, Range 22,
Hennepin County, Minnesota, which lies easterly of Old Shakopee Road now known as Eden Prairie
Road and northeasterly of Riley Creek. Also, all that part of the Southeast Quarter of the Southeast
Quarter of Section 20, Township 116, Range 22 described as beginning at the southeast comer of said
Section 20; thence north along the east line thereof 55.0 rods; thence southwesterly to a point on the
south line of said Section 20 distant 35 rods west from said southeast corner thereof; thence east to the
point of beginning. Also, all that part of the Southwest Quarter of the Southwest Quarter of Section 21,
Township 116, Range 22 and the North Half of the Northwest Quarter of the Northwest Quarter of
Section 28, Township 116, Range 22 which lies southwesterly of the following described line;
commencing at the southwest corner of said Section 21; thence on an assumed bearing of North 1 degree
38 minutes 21 seconds West along the west line thereof distant 305 feet to the point of beginning of the
line to be described; thence South 26 degrees 24 minutes 49 seconds East distant 296.95 feet; thence
South 50 degrees 00 minutes 48 seconds East distant 1,067.81 feet more or less to the south line of said
North Half of the Northwest Quarter of the Northwest Quarter of Section 28 and there terminating,
except roads.
Said temporary easement being ALL of the above-described property EXCEPT that part described as
follows:
Beginning at the southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 28;
thence northerly along the west line thereof to the south line of the North Half of said Northwest Quarter
of the Northwest Quarter; thence easterly along said south line 730.0 feet; thence northwesterly
deflecting to the left 147 degrees 45 minutes 44 seconds 795.0 feet; thence northerly deflecting to the
right 47 degrees 17 minutes 40 seconds 430.0 feet; thence westerly deflecting to the left 82 degrees
19 minutes 42 seconds 270.0 feet; thence southwesterly deflecting to the left 42 degrees 53 minutes
11 seconds 510.0 feet; thence southerly deflecting to the left 25 degrees 13 minutes 24 seconds
550.0 feet; thence southwesterly deflecting to the right 28 degrees 41 minutes 06 seconds 440.0 feet;
thence southwesterly deflecting to the left 13 degrees 13 minutes 40 seconds to the centerline of
Riley Creek; thence southeasterly along said centerline to the south line of the Northeast Quarter of
the Northeast Quarter of said Section 29; thence easterly along said south line to the point of beginning.
Said temporary easement to expire
ClTYOFEDENPRAlRIE
EDEN PRATRIE Rom/CSAH 4 RECONSTRUCTION
RIGRT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISD FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCELMAC1 - RW
OWNER: METROPOLITAN AIRPORTS COMMISSION
DESCRIBED AREA: 182,742 SQ. FT.
P.I.N.: 29-1 16-22-1 1-0003
Property Description and Owner According to Hennepin County Auditor Records.
A 100.0-foot perpetual easement for roadway and utility purposes over, under, across and through the
following described property:
That part of the Northeast Quarter of the Northeast Quarter of Section 29, Township 116, Range 22,
Hennepin County, Minnesota, which lies easterly of Old Shakopee Road now known as Eden Prairie
Road and northeasterly of Riley Creek. Also, all that part of the Southeast Quarter of the Southeast
Quarter of Section 20, Township 116, Range 22 described as beginning at the southeast corner of said
Section 20; thence north along the east line thereof 55.0 rods; thence southwesterly to a point on the
south line of said Section 20 distant 35 rods west from said southeast comer thereof; thence east to the
point of beginning. Also, all that part of the Southwest Quarter of the Southwest Quarter of Section 21,
Township 116, Range 22 and the North Half of the Northwest Quarter of the Northwest Quarter of
Section 28, Township 116, Range 22 which lies southwesterly of the following described line;
commencing at the southwest comer of said Section 21; thence on an assumed bearing of North 1 degree
38 minutes 21 seconds West along the west line thereof distant 305 feet to the point of beginning of the
line to be described; thence South 26 degrees 24 minutes 49 seconds East distant 296.95 feet; thence
South 50 degrees 00 minutes 48 seconds East distant 1,067.81 feet more or less to the south line of said
North Half of the Northwest Quarter of the Northwest Quarter of Section 28 and there terminating,
except roads.
Said 100.0-foot perpetual easement being 61.0 feet to the right and 39.0 feet to the left of the following
described Line B:
Line B is described as commencing at the southwest comer of said Section 21; thence northerly along
the west line of said Section21 a distance of 2,149.24 feet; thence westerly deflecting to the left
88 degrees 20 minutes 36 seconds 30.07 feet to the point of beginning of said Line B; thence southerly
deflecting to the left 90 degrees 00 minutes 00 seconds 90.92 feet; thence southerly 599.28 feet along a
tangential 1 degree 00 minute curve concave to the east having a central angle of 5 degrees 59 minutes
34 seconds; thence southerly 599.28 feet along a 1 degree 00 minute reverse curve concave to the west
having a central angle of 5 degrees 59 minutes 34 seconds; thence southerly tangent to the last described
curve 691.66 feet; thence southeasterly 753.97 feet along a tangential 6 degree 15 minute curve concave
to the northeast having a central angle of 47 degrees 07 minutes 23 seconds; thence southeasterly
tangent to the last described curve 536.88 feet; thence southeasterly 1,320.13 feet along a tangential
curve concave to the southwest having a radius of 3,645.0 feet and a central angle of 20 degrees
45 minutes 04 seconds; thence southeasterly 1,021.99 feet along a compound curve concave to the
southwest having a radius of 730.0 feet and a central angle of 80 degrees 12 minutes 48 seconds and said
Line B there terminating.
-
If0 Page I ox 3
Together with a perpetual easement for roadway and utility purposes over, under, across and through that
part of the above described property lying northeasterly of a line parallel with and distant 39.0 feet
northeasterly of the previously described Line B and southwesterly of the following described Line A:
Line A is described as commencing at the southwest comer of Southwest Quarter of the Southwest
Quarter of said Section 21; thence North 1 degree 38 minutes 21 seconds West (assumed bearing) along
the west line of said Southwest Quarter of the Southwest Quarter a distance of 305.00 feet to the point of
beginning of said Line A; thence South 26 degrees 24 minutes 49 seconds East a distance of 296.95 feet;
thence South 50 degrees 00 minutes 48 seconds East a distance of 1,067.81 feet to the south line of the
North One-half of the Northwest Quarter of the Northwest Quarter of said Section 28 and said Line A
there terminating.
Together with a 66.0-foot perpetual easement for roadway and utility purposes over, under, across and
through part of the above described property. The centerline of said perpetual easement is described
as follows:
Commencing at the southwest comer of said Section 21; thence northerly along the west line thereof
376.94 feet to the point of beginning of said centerline; thence westerly deflecting to the left 96 degrees
23 minutes 44 seconds 244.97 feet; thence southwesterly 271.01 feet along a tangential curve concave to
the southeast having a radius of 310.0 feet and a central angle of 50 degrees 05 minutes 21 seconds and
said centerline there terminating.
Together with a perpetual easement for roadway and utility purposes over, under, across and through that
part of the above described property described as follows:
Commencing at the southwest corner of said Section 21; thence northerly along the west line thereof
376.94 feet; thence westerly deflecting to the left 96 degrees 23 minutes 44 seconds 68.41 feet; thence
southerly deflecting to the left 90 degrees 00 minutes 00 seconds 33.0 feet to the point of beginning;
thence easterly deflecting to the left 90 degrees 00 minutes 00 seconds 25.00 feet to the intersection
with a line parallel with and 61.0 feet westerly of the previously described Line B; thence
southerly along said parallel line 25.0 feet; thence northwesterly to the point of beginning.
Together with a perpetual easement for roadway and utility purposes over, under, across and through that
part of the above described property described as follows:
Commencing at the southwest comer of said Section 21; thence northerly along the west line thereof
376.94 feet; thence westerly deflecting to the left 96 degrees 23 minutes 44 seconds 68.41 feet; thence
northerly deflecting to the right 90 degrees 00 minutes 00 seconds 33.0 feet to the point of beginning;
thence easterly deflecting to the right 90 degrees 00 minutes 00 seconds 25.00 feet to the intersection
with a line parallel with and 61.0 feet westerly of the previously described Line B; thence
northerly along said parallel line 25.0 feet; thence southwesterly to the point of beginning.
Together with a 6O.O-foot perpetual easement for roadway and utility purposes over, under, across and
through part of the above described property. The centerline of said perpetual easement is described
as follows:
Commencing at the southwest comer of said Section 21; thence northerly along the west line thereof
376.94 feet; thence westerly deflecting to the left 96 degrees 23 minutes 44 seconds 186.17 feet to the
point of beginning of said centerline; thence northerly deflecting to the right 90 degrees 00 minutes
00 seconds 31.29 feet; thence northerly, northwesterly and westerly 259.49 feet along a tangential curve
concave to the southwest having a radius of 180.0 feet and a central angle of 82 degrees 35 minutes
48 seconds and said centerline there terminating.
Together with a perpetual easement for roadway and utility purposes over, under, across and through
that part of the above described property described as follows:
Commencing at the southwest corner of said Section21; thence northerly along the west line
thereof 376.94 feet; thence westerly deflecting to the left 96 degrees 23 minutes 44 seconds
186.17 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 33.00 feet to
the point of beginning; thence westerly deflecting to the left 90 degrees 00 minutes 00 seconds
55.01 feet; thence northeasterly deflecting to the right 132 degrees 19 minutes 19 seconds
33.62feet; thence easterly deflecting to the right 47 degrees 36 minutes 45 seconds 60.68 feet;
thence southeasterly deflecting to the right 43 degrees 06 minutes 39 seconds 36.52 feet; thence
westerly 54.99 feet to the point of beginning
CITYOFEDENPRAIRIE
EDEN PRAIRIE RoADKSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC1 - DU
Om: METROPOL~~AN AIRPORTS COMM~SSION
P.I.N.: 29-1 16-22-1 1-0003
DESCRIBED AREA: 632 SQUARE FEET
Property Description and Owner According to Hennepin County Auditor Records.
A perpetual easement for drainage and utility purposes over, under, across and through the following
described property:
That part of the Northeast Quarter of the Northeast Quarter of Section 29, Township 116, Range 22,
Hennepin County, Minnesota, which lies easterly of Old Shakopee Road now known as Eden Prairie
Road and northeasterly of Riley Creek. Also, all that part of the Southeast Quarter of the Southeast
Quarter of Section 20, Township 116, Range 22 described as beginning at the southeast comer of said
Section 20; thence north along the east line thereof 55.0 rods; thence southwesterly to a point on the
south line of said Section 20 distant 35 rods west from said southeast comer thereof; thence east to the
point of beginning. Also, all that part of the Southwest Quarter of the Southwest Quarter of Section 21,
Township 116, Range 22 and the North Half of the Northwest Quarter of the Northwest Quarter of
Section 28, Township 116, Range 22 which lies southwesterly of the following described line;
commencing at the southwest corner of said Section 21; thence on an assumed bearing of North 1 degree
38 minutes 21 seconds West along the west line thereof distant 305 feet to the point of beginning of the
line to be described; thence South 26 degrees .24 minutes 49 seconds East ‘distant 296.95 feet; thence
South 50 degrees 00 minutes 48 seconds East distant 1,067.81 feet more or less to the south line of said
North Half of the Northwest Quarter of the Northwest Quarter of Section 28 and there terminating,
except roads.
Said perpetual easement being that part of the above-described property lying northerly of the following
described line:
Commencing at the southwest comer of said Section 21; thence northerly along the west line thereof
777.92 feet to the point of beginning of said line; thence westerly deflecting to the left 92 degrees
56 minutes 26 seconds 150.0 feet and said line there terminating.
CITY OFEDEN PRAnUE
EDEN PRAIRIE RoAD/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF NO. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC2 - R/Fv
OWNER: METROPOLrrAN AIRPORTS COh4MISSION
DESCRIBED MEA: 53,208 SQ. FT.
P.I.N.: 28-1 16-22-22-0003
Property Description and Owner According to Hennepin County Auditor Records.
A 100.0-foot perpetual easement for roadway and utility purposes over, under, across and through the following
described property:
That part of the South Half of the Northwest Quarter of the Northwest Quarter of Section 28 Township 116,
Range 22, Hennepin County, 'Minnesota lying west of the east 700 feet thereof, AND that part of the east
700 feet of said South Half lying north of the south 400 feet thereof except roads.
Said 100.0-foot perpetual easement being 61.0 feet to the right and 39.0 feet to the left of the following described line:
Commencing at the southwest corner of Section 21, Township 116, Range 22; thence northerly along the west
line of said Section 21 a distance of 2,149.24 feet; thence westerly deflecting to the left 88 degrees 20 minutes
36 seconds 30.07 feet to the point of beginning of said line; thence southerly deflecting to the left 90 degrees
00minutes 00 seconds 90.92feet; thence southerly 599.28 feet along a tangential 1 degree 00 minute curve
concave to the east having a central angle of 5 degrees 59 minutes 34 seconds; thence southerly 599.28 feet along
a 1 degree 00minute reverse curve concave to the west having a central angle of 5 degrees 59 minutes
34 seconds; thence southerly tangent to the last described curve 691.66 feet; thence southeasterly 753.97 feet
along a tangential 6degree 15 minute curve concave to the northeast having a central angle of 47 degrees
07 minutes 23 seconds; thence southeasterly tangent to the last described curve 536.88 feet; thence southeasterly
1,320.13 feet along a tangential curve concave to the southwest having a radius of 3,645.0 feet and a central angle
of 20 degrees 45 minutes 04 seconds; thence southeasterly 1,021.99 feet along a compound curve concave to the
southwest having a radius of 730.0 feet and a central angle of 80 degrees 12 minutes 48 seconds and said line
there terminating.
Together with a 66.0-foot perpetual easement for roadway and utility purposes over, under, across and through part of
the above-described property. The centerline of said perpetual easement is described as follows:
Commencing at the southwest comer of said Section 21; thence northerly along the west line of said Section 21 a
distance of 2,149.24 feet; thence westerly deflecting to the left 88 degrees 20 minutes 36 seconds 30.07 feet;
thence southerly deflecting to the left 90 degrees 00 minutes 00 seconds 90.92 feet; thence southerly 599.28 feet
along a tangential 1 degree 00 minute curve concave to the east having a central angle of 5 degrees 59 minutes
34 seconds; thence southerly 599.28 feet along a 1 degree 00 minute reverse curve concave to the west having a
central angle of 5 degrees 59 minutes 34 seconds; thence southerly tangent to the last described curve 691.66 feet;
thence southeasterly 753.97 feet along a tangential 6 degree 15 minute curve concave to the northeast having a
central angle of 47 degrees 07 minutes 23 seconds; thence southeasterly tangent to the last described curve
536.88 feet; thence southeasterly 513.25 feet along a tangential curve concave to the southwest having a
radius of 3,645.00 feet and a central angle of 8 degrees 04 minutes 04 seconds to the point of beginning of
said centerline; thence northeasterly 77.87 feet along a line radial to the last described curve; thence northeasterly
and northerly 385.41 feet along a tangential curve concave to the west having a radius of 450.0 feet and a central
angle of 47 degrees 04 minutes 20 seconds and said centerline there terminating.
Together with a perpetual easement for roadway and utility purposes over, under, across and through that part of the
abovedescribed propem described as follows:
Commencing at the southwest comer of said Section 21; thence northerly along the west line of said Section 21 a
distance of 2,149.24 feet; thence westerly deflecting to the left 88 degrees 20 minutes 36 seconds 30.07 feet;
thence southerly deflecting to the left 90 degrees 00 minutes 00 seconds 90.92 feet; thence southerly 599.28 feet
along a tangential 1 degree 00 minute curve concave to the east having a central angle of 5 degrees 59 minutes
34 seconds; thence southerly 599.28 feet along a 1 degree 00 minute reverse curve concave to the west having a
central angle of 5 degrees 59 minutes 34 seconds; thence southerly tangent to the last described curve 691.66 feet;
thence southeasterly 753.97 feet along a tangential 6 degree 15 minute curve concave to the northeast having a
central angle of 47 degrees 07 minutes 23 seconds; thence southeasterly tangent to the last described curve
536.88 feet; thence southeasterly 513.25 feet along a tangential curve concave to the southwest having a radius of
3,645.0 feet and a central angle of 8 degrees 04 minutes 04 seconds; thence northeasterly 38.85 feet along a line
radial to the last described curve; thence northwesterly deflecting to the left 90 degrees 00 minutes 00 seconds
33.0 feet to the point of beginning; thence northeasterly deflecting to the right 90 degrees 00 minutes 00 seconds
25.00 feet; thence westerly deflecting to the left 135 degrees 21 minutes 14 seconds 35.57 feet; thence
southeasterly to the point of beginning.
Together with a perpetual easement for roadway and utility purposes over, under, across and through that part of the
above-described property described as follows:
Commencing at the southwest comer of said Section 21; thence northerly along the west line of said Section 21 a
distance of 2,149.24 feet; thence westerly deflecting to the left 88 degrees 20 minutes 36 seconds 30.07 feet;
thence southerly deflecting to the left 90 degrees 00 minutes 00 seconds 90.92 feet; thence southerly 599.28 feet
along a tangential 1 degree 00 minute curve concave to the east having a central angle of 5 degrees 59 minutes
34 seconds; thence southerly 599.28 feet along a 1 degree 00 minute reverse curve concave to the west having a
central angle of 5 degrees 59 minutes 34 seconds; thence southerly tangent to the last described curve 691.66 feet;
thence southeasterly 753.97 feet along a tangential 6 degree 15 minute curve concave to the northeast having a
central angle of 47 degrees 07 minutes 23 seconds; thence southeasterly tangent to the last described curve
536.88 feet; thence southeasterly 513.25 feet along a tangential curve concave to the southwest having a radius of
3,645.0 feet and a central angle of 8 degrees 04 minutes 04 seconds; thence northeasterly 38.85 feet along a line
radial to the last described curve; thence southeasterly deflecting to the right 90 degrees 00 minutes 00 seconds
30.0 feet to the point of beginning; thence northeasterly deflecting to the left 90 degrees 00 minutes 00 seconds
25.00 feet; thence sou.therly deflecting, to the right 135 degrees 21 minutes 14 seconds 35.57 feet; thence
northwesterly to the point of beginning.
CITY OF EDEN
EDEN PRAnrIE Rom/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCELMAC~ - TE
OWNER: METROPOL~AN AIRPORTS CO~SSION
P.I.N.: 28-1 16-22-22-0003
DESCRJBED AREA: 58,387 SQ. FT. [EXCLUDES AREA OF PROPOSED RIGHT-OF-WAY.] '
Property Description and Owner According to Hennepin County Auditor Records.
A temporary easement for construction purposes over, under, across and through the following described
property:
That part of the South Half of the Northwest Quarter of the Northwest Quarter of Section 28
Township 116, Range 22, Hennepin County, Minnesota lying west of the east 700 feet thereof, AND
that part of the east 700 feet of said South Half lying north of the south 400 feet thereof except roads.
Said temporary easement being that part of the above-described property lying northeasterly and easterly of
the following described line:
Commencing at the northwest comer of said South Half of the Northwest Quarter of the
Northwest Quarter; thence easterly along the north line of said South Half 730.0 feet to the point of
beginning of said line; thence southeasterly deflecting to the right 45 degrees 01 minutes 02 seconds
373.12 feet to the south line of the above-described property and said line thence terminating.
Said temporary easement to expire
I16
CITYOFEDENPRAIRJE
EDENPRAIRIEROAD/CSAH 4 RECONSTRUCTION
RIGHI-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCELMAC~ - RW
OWNER: METROPOLITAN AIRPORTS COMMISSION
DESCRIBED AREA: 29,312 SQ. FT.
P.I.N.: 28-1 16-22-22-0002
Property Description and Owner According to Hennepin County Auditor Records.
A 100.0-foot perpetual easement for roadway and utility purposes over, under, across and through the
following described property:
The east 700 feet of the south 400 feet of the Northwest Quarter of the Northwest Quarter of Section 28,
Township 116, Range 22, Hennepin County, Minnesota, except roads.
Said 100.0-foot perpetual easement lying northerly of the southerly 120.0 feet of the above described
property and being 61.0 feet to the right and 39.0 feet to the left of the following described line:
Commencing at the southwest corner of Section 21, Township 116, Range 22; thence northerly along
the west line of said Section 21 a distance of 2,149.24 feet; thence westerly deflecting to the left
88 degrees 20 minutes 36 seconds 30.07 feet to the point of beginning of said line; thence southerly
deflecting to the left 90 degrees 00 minutes 00 seconds 90.92 feet; thence southerly 599.28 feet along a
tangential 1 degree 00 minute curve concave to the east having a central angle of 5 degrees 59 minutes
34 seconds; thence southerly 599.28 feet along a 1 degree 00 minute reverse curve concave to the west
having a central angle of 5 degrees 59 minutes 34 seconds; thence southerly tangent to the last described
curve 691.66 feet; thence southeasterly 753.97 feet along a tangential 6 degree 15 &nute curve concave
to the northeast having a central angle of 47 degrees 07 minutes 23 seconds; thence southeasterly
tangent to the last described curve 536.88 feet; thence southeasterly 1, 320.13 feet along a tangential
curve concave to the southwest having a radius of 3, 645.0 feet and a central angle of 20 degrees
45 minutes 04 seconds; thence southeasterly 1,021.99 feet along a compound curve concave to the
southwest having a radius of 730.0 feet and a central angle of 80 degrees 12 minutes 48 seconds and said
line there terminating.
CITYOFEDENPRATIUE
EDENPRA~R~ERoAD/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY IO, 2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC3 - TE
P.I.N.: 28-1 16-22-22-0002
DESCRBED AREA: 19,362 SQ. F”. [EXCLUDES AREA OF mOPOSED RIGHT-OF-WAY.]
OWNER: h&ETROPOLTTAN AIRPORTS COMMISSION
Property Description and Owner According to Hennepin County Auditor Records.
A temporary easement for construction purposes over, under, across and through the following described
property:
The east 700 feet of the south 400 feet of the Northwest Quarter of the Northwest Quarter of Section 28,
Township 116, Range 22, Hennepin County, Minnesota, except roads.
Said temporary easement being that part of the above-described property lying northeasterly and easterly of
the following described line
Commencing at the northwest comer of the above-described property; thence easterly along the north
line thereof 370.0 feet to the point of beginning of said line; thence southeasterly deflecting to the right
45 degrees 00 minutes 47 seconds 200.0 feet; thence southeasterly deflecting to the right 7 degrees
16minutes 19 seconds 160.0 feet; thence southerly deflecting to the right 21 degrees 53 minutes
15 seconds 137.17 feet to the south line of the above-described property and said line there terminating.
Said temporary easement to expire
I18
CITYOFEDENPRAIRE
EDEN PRAIRIE RoAD/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC4 - RW
OWNER: METROPOL~~AN AJRPORTS COMMISSION
P.I.N.: 28-1 16-22-21-0001
DESCRIBED AREA: 8,488 SQ. FT.
Property Description and Owner According to Hennepin County Auditor Records.
A 100.0-foot perpetual easement for roadway and utility purposes over, under, across and through the
following described property:
The Northeast Quarter of the Northwest Quarter of Section 28 Township 116, Range 22, Hennepin
County, Minnesota, except roads.
Said 100.0-foot perpetual easement being 61.0 feet to the right and 39.0 feet to the left of the following
described line:
Commencing at the southwest corner of Section 21, Township 116, Range 22; thence northerly along
the west line of said Section 21 a distance of 2,149.24 feet; thence westerly deflecting to the left
88 degrees 20 minutes 36 seconds 30.07 feet to the point of beginning of said line; thence southerly
deflecting to the left 90 degrees 00 minutes 00 seconds 90.92 feet; thence southerly 599.28 feet along a
tangential 1 degree 00 minute curve concave to the east having a central angle of 5 degrees 59 minutes
34 seconds; thence southerly 599.28 feet along a 1 degree 00 minute reverse curve concave to the west
having a central angle of 5 degrees 59 minutes 34 seconds; thence southerly tangent to the last described
curve 691.66.feet; thence southeasterly 753.97 feet along a tangential 6 degree 15 minute curve concave
to the northeast having a central angle of ‘47 degrees-07 minutes 23 seconds; thence southeasterly
tangent to the last described curve 536.88 feet; thence southeasterly 1, 320.13 feet along a tangential
curve concave to the southwest having a radius of 3, 645.0 feet and a central angle of 20 degrees
45 minutes 04 seconds; thence southeasterly 1,021.99 feet along a compound curve concave to the
southwest having a radius of 730.0 feet and a central angle of 80 degrees 12 minutes 48 seconds and said
line there terminating.
CIT’Y0FEDENF”E
EDEN PRAIEUE RoADKSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REMSED MARCH 21,2003
PARcELMAC4 - TE
OWNER: METROPOLITAN AIRPORTS COMMISSION
P.I.N.: 28-1 16-22-21-0001
DESCRIBED AREA: 15,903 SQ. FT. EXCLUDES AREA OF PROPOSED RIGHT-OF-WAY.]
Property Description and Owner According to Hennepin County Auditor Records.
A temporary easement for construction purposes over, under, across and through the following described
property:
The Northeast Quarter of the Northwest Quarter of Section 28 Township 116, Range 22, Hennepin
County, Minnesota, except roads.
Said temporary easement being that part of the above-described property lying southwesterly and westerly of
the following described line:
Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence
easterly along the south line thereof 230.0 feet to the point of beginning of said line;
thencenorthwesterly deflecting to the left 127 degrees 37 minutes 42 seconds 320.77 feet to the east
right-of-way line of Spring Road; thence northerly along said east right-of-way line 385.0 feet; thence
northeasterly deflecting to the right 20 degrees 55 minutes 30 seconds 120.0 feet; thence northerly
deflecting to the left 21 degrees 03 minutes 41 seconds 200.0 feet; thence northwesterly deflecting to the
left 6.degrees 52 minutes 23 seconds 347.28 feet to said east right-of-way line; thence northerly along
said east right-of-way line to the north line of the above described property and said line there
terminating.
Said temporary easement to expire
CITYOFEDENPRATRIE
EDEN PRAlRIE Rom/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC5 - RW
OWNER: &!kTROPOLITAN AIRPORTS cOMn/nSSION
DESCRIBED AREA: 53,843 SQ. FT.
P.I.N.: 28-1 16-22-24-0001
Property Description and Owner According to Hennepin County Auditor Records.
A 100.0-foot perpetual easement for roadway and utility purposes over, under, across and through the
following described property:
That part of the North Half of the South Half of the Northwest Quarter of Section 28,
Township 116, Range 22, Hennepin County, Minnesota lying east of road.
Said 100.0-foot perpetual easement being 61.0 feet to the right and 39.0 feet to the left of the following
described Line B:
Line B is described as commencing at the southwest comer of Section 21, Township 116, Range 22;
thence northerly along the west line of said Section 21 a distance of 2,149.24 feet; thence westerly
deflecting to the left 88 degrees 20 minutes 36 seconds 30.07 feet to the point of beginning of said Line
B; thence southerly deflecting to the left 90 degrees 00 minutes 00 seconds 90.92 feet; thence southerly
599.28 feet along a tangential 1 degree 00 minute curve concave to the east having a central angle of
5 degrees 59 minutes 34 seconds; thence southerly 599.28 feet along a 1 degree 00 minute reverse curve
concave to the west having a central angle of 5 degrees 59 minutes 34 seconds; thence southerly tangent
to the last described curve 691.66feet; thence southeasterly 753.97 feet along a tangential 6 degree
15 minute curve concave to the northeast having a central angle of 47 degrees 07 minutes 23 seconds;
thence southeasterly tangent to the last described curve 536.88 feet; thence southeasterly 1, 320.13 feet
along a tangential curve concave to the southwest having a radius of 3,645.0 feet and a central angle of
20 degrees 45 minutes 04 seconds; thence southeasterly 1,021.99 feet along a compound curve concave
to the southwest having a radius of 730.0 feet and a central angle of 80 degrees 12 minutes 48 seconds
and said Line B there terminating.
Together with a perpetual easement for roadway and utility purposes over, under, across and through that
part of the above-described property lying westerly of a line 61.0 feet westserly of said Line B and easterly
of Spring Road.
CITYOFEDENPRAIRIE
EDEN PRAnUE Rom/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC5 - TE
OWNER: METROPOLITAN AIRPORTS COMMISSION
P.I.N.: 28-1 16-22-24-0001
DESCRIBED ARZA: 29,366 SQ. FT. WXCLUDES AREA OF PROPOSED RIGHT-OF-WAY.]
Property Description and Owner According to Hennepin County Auditor Records.
A temporary easement for construction purposes over, under, across and through the following described
property:
That part of the North Half of the South Half of the Northwest Quarter of Section28,
Township 116, Range 22, Hennepin County, Minnesota lying east of road.
Said temporary easement being described as that part of the above-described property lying westerly of the
following described line:
Commencing at the southwest comer of the Northeast Quarter of the Northwest Quarter of said
Section 28; thence easterly along the south line thereof 190.0 feet to the point of beginning of said line;
thence southeasterly deflecting to the right 61 degrees 51 minutes 22 seconds 470.0 feet; thence
southerly deflecting to the right 23 degrees 39 minutes 02 seconds 250.61 feet to the south line of the
above-described property and said line there terminating.
Said temporary easement to expire
ClTYOFEDENPRAIRlE
EDENPRA~RIERoAD~CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQTJISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC6 - RW
OWNER: METROPOLITAN AIRPORTS COMMISSION
P.I.N.: 20-1 16-22-44-0026
DESCRBED AREA: 194 SQ. FT.
Property Description and Owner According to Hennepin County Auditor Records.
A 6O.O-foot perpetual easement for roadway and utility purposes over, under, across and through the
following described property:
Lot 1, Block 3, EDEN HEIGHTS, Hennepin County, Minnesota
The centerline of said easement is described as follows:
Commencing at the southeast corner of Section 20, Township 116, Range 22, Hennepin County,
Minnesota; thence northerly along the east line of said Section 20 a distance of 376.94 feet; thence
westerly deflecting to the left 96 degrees 23 minutes 44 seconds 186.17 feet to the point of beginning of
said centerline; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 31.29 feet;
thence northerly, northwesterly, and westerly 259.49 feet along a tangential curve concave to the
southwest having a radius of 180.0 feet and a central angle of 82 degrees 35 minutes 48 seconds and said
centerline there terminating.
C%YOFEDENPIUIRE
EDEN PRAIRIE Rom/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC6 - TE
OWNER: h@TROPOLITAN AIRPORTS cOME*IISSION
P.I.N.: 20-1 16-22-44-0026
DESCRIBED AREA: 29,772 SQ. FT. EXCLUDES AREA OF PROPOSED RIGHT-OF-WAY.]
Property Description and Owner According to Hennepin County Auditor Records.
A temporary easement for construction purposes over, under, across and through the following described
property:
Lot 1, Block 3, EDEN HEIGHTS, Hennepin County, Minnesota
Said temporary easement being ALL of said Lot 1 EXCEPT that part described as follows:
Beginning at the northwest comer of said Lot 1; thence easterly along the north line of said Lot 1 a
distance of 90.0 feet; thence southeasterly deflecting to the right 14 degrees 15 minutes 43 seconds
170.0 feet; thence southwesterly deflecting to the right 108 degrees 14 minutes 45 seconds 48.36 feet;
thence southwesterly deflecting to the right 32 degrees 16 minutes 00 seconds 62.93 feet; thence
southwesterly deflecting to the left 14 degrees 36 minutes 09 seconds 78.73 feet; thence southwesterly
deflecting to the left 9 degrees 10 minutes 41 seconds 98.48 feet; thence southerly deflecting to the left
17 degrees 00 minutes 00 seconds 108.38 feet to the west line of said Lot 1; thence northerly along said
west line to the point of beginning.
Said temporary easement to expire
CITYOFEDENPRAlRIE
EDES PRAIRIE ROADESAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC7 - TE
OWNER: METROPOLITAN AIRPORTS COMMISSION
DESCRIBED AREA: 7,080 SQ. FT.
P.I.N.: 20-1 16-22-44-0031
Property Description and Owner According to Hennepin County Auditor Records.
A temporary easement for construction purposes over, under, across and through the following described
property:
That part of Lot 2, Block 3, EDEN HEIGHTS, Hennepin County, Minnesota lying easterly of
the west 150.0 feet thereof.
Said temporary easement being that part of said Lot 2 lying southeasterly of a line drawn from a point on the
south line of said Lot 2 distant 210.0 feet easterly of the southwest corner of said Lot 2 to a point on the east
line of said Lot 2 distant 333.63 feet southerly of the northeast comer of said Lot 2.
'
Said temporary easement to expire
CI?XOFEDENPIMRLE
EDEN QRAIRlE Rom/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
my 10,2001
REVISED FEBRUARY 19,2003
-VISED MARCH 21,2003
PARCELMAC~ - "E
OWNER: METROPOLITAN AIRPORTS CO~~MISSION
DESCRIBED AREA: 33,511 SQ. FT. WXCLUDES AREA OF PROPOSED PERPETUAL EASEMENT.]
P.I.N.: 29-116-22-1 1-0001
Property Description and Owner According to Hennepin County Auditor Records.
A temporary easement for construction purposes over, under, across and through the following described
property:
That part of Section 29, Township 116, Range 22, Hennepin County, Minnesota described as
commencing at the intersection of the centerline of County Road No. 38 and the north line of said
Section 29; thence westerly along said north line 1,216.38 feet; thence South 79.5 feet; thence
southeasterly to a point in the centerline of County Road No. 38 distant 699.02 feet southwesterly from
the point of beginning; thence northeasterly to the point of beginning except road.
Said temporary easement being that part of the above-described property described as follows:
Commencing at said intersection of the centerline of County Road No. 38 (Eden Prairie Road) and the
north line of said Section 29; thence westerly along said north line 39.42 feet to the northwest
right-of-way line of said Eden Prairie Road which is the point of beginning of said temporary easement;
thence continuing westerly along the same course 59.87 feet; thence southwesterly deflecting to the left
56 degrees 38 minutes 15 seconds 140.0 feet; thence northwesterly deflecting to the right 85 degrees
08 minutes 09 seconds 185.0 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes
00 seconds 50.0 feet; thence southeasterly deflecting to the left 50 degrees 42 minutes 46 seconds
100.0 feet; thence southerly deflecting to the right 22 degrees 12 minutes 53 seconds 260.0 feet; thence
southwesterly deflecting to the right 47 degrees 23 minutes 07 seconds 171.51 feet to the southwest line
of the above-described property; thence southeasterly along said southwest line to the northwest
right-of-way line of said Eden Prairie Road; thence northeasterly along said northwest right-of-way line
to the point of beginning.
Said temporary easement to expire
CITYOFEDENPRAIRIE
EDEN PRAIRlE Rom/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQTJISITION
SW No. 0003726.2
FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC8 - DU
OWNER: h&TROPOLlTAN AIRPORTS cOMh4ISSION
DESCRBED AREA: 25,469 SQ. FT.
P.I.N.: 29-116-22-11-0001
Property Description and Owner According to Hennepin County Auditor Records.
A perpetual easement for drainage and utility purposes over, under, across and through the following
described property:
That part of Section 29, Township 116, Range 22, Hennepin County, Minnesota described as
commencing at the intersection of the centerline of County Road No. 38 and the north line of said
Section 29; thence westerly along said north line 1,216.38 feet; thence South 79.5 feet; thence
southeasterly to a point in the centerline of County Road No. 38 distant 699.02 feet southwesterly from
the point of beginning; thence northeasterly to the point of beginning except road.
Said perpetual easement being that part of the above-described property described as follows:
Commencing at said intersection of the centerline of County Road No. 38 (Eden Prairie Road) and the
north line of said Section 29; thence southwesterly along said roadway centerline 227.52 feet; thence
northwesterly deflecting to the right 85 degrees 08 minutes 08 seconds 33.12 feet to the northwest
right-of-way line of said Eden Prairie Road which is the point ,of beginning of said perpetual easement;
thence continuing northwesterly along the same course 205.0 feet; thence southerly deflecting to the left
128 degrees 12 minutes 01 seconds 240.0 feet; thence southerly deflecting to the right 11 degrees
30minutes 37 seconds 102.56 feet to said northwest right-of-way line of Eden Prairie Road; thence
northeasterly along said northwest right-of-way line to the point of beginning.
CITY OF EDEN PRAIRIE
EDENPRAIRIEROAD/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARcELMAC9 - TE
OWNER: h”R0POLITAN AIRPORTS COMMISSION
P.I.N.: 29-1 16-22-12-0007
DESCRIBED AREA: 30,623 SQ. FT. [EXCLUDES AR~EA OF PROPOSED PERPETUAL EASEMENT.]
Property Description and Owner According to Hennepin County Auditor Records.
A temporary easement for construction purposes over, under, across and through the following described
property:
That part of Section 29, Township 116, Range 22, Hennepin County, Minnesota described as
commencing at a point 79.5 feet south of and 473.88 feet west from the northeast comer of the
Northwest Quarter of the Northeast Quarter; thence south to the centerline of creek; thence easterly and
southeasterly along said centerline of creek to the centerline of County Road No. 38; thence
northeasterly along centerline of said road to a point distant 699.02 feet southwesterly from the north
line of said Section 29 as measured along said centerline; thence northwesterly to the point of beginning,
except road.
Said temporary easement being that part of the above-described property lying southeasterly of the following
described line:
Commencing at the most northerly comer of said property; thence southeasterly along the northeast line
of said property 878.98 feet to the point of beginning of said line; thence southwesterly deflecting to the
right 105 degrees 41 minutes 13 seconds 25.0 feet; thence southwesterly deflecting to the left 30 degrees
27 minutes 05 seconds 165.0 feet; thence southwesterly deflecting to the right 20 degrees 40 minutes
52 seconds to the centerline of said creek; thence southerly along said centerline of creek to the
northwest right-of-way of said County Road 38 (Eden Prairie Road) and said line there terminating.
Said temporary easement to expire
CITYOFEDENPFSJRE
EDEN PRAIRlE RoADKSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
FEBRUARY 19,2003
REVISED WRCH 21,2003
PARCEL MAC9 - DU
OWNER: METROPOLITAN AIRPORTS COMMISSION
P.I.N.: 29-1 16-22-12-0007
DESCRIBED AREA: 1,700 SQ. FT.
Property Description and Owner According to Hennepin County Auditor Records.
A perpetual easement for drainage and utility purposes over, under, across and through the following
described property:
That part of Section 29, Township 116, Range 22, Hennepin County, Mnnesota described as
commencing at a point 79.5 feet south of and 473.88 feet west from the northeast corner of the
Northwest Quarter of the Northeast Quarter; thence south to the centerline of creek; thence easterly and
southeasterly along said centerline of creek to the centerline of County Road No. 38; thence
northeasterly along centerline of said road to a point distant 699.02 feet southwesterly from the north
line of said Section 29 as measured alongsaid centerline; thence northwesterly to the point of beginning,
except road.
Said perpetual easement being that part of the above-described property described as follows:
Commencing at the most northerly corner of said property; thence southeasterly along the northeast line
of said property to the northwest right-of-way line of said County Road 38 (Eden Prairie Road); thence
southwesterly along said northwest right-of-way line 295.79 feet to the point of beginning of said
perpetual easement; thence southwesterly continuing along said northwest right-of-way line 85.0 feet;
thence northwesterly deflecting to the right 90 degrees 00 minutes 00 seconds 20.0 feet; thence
northeasterly deflecting to the right 90 degrees 00 minutes 00 seconds 85.0 feet; thence southeasterly
deflecting to the right 90 degrees 00 minutes 00 seconds 20.0 feet to the point of beginning.
AX YO FED EN PRAIRIE
EDEN PRAJRIE Rom/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC 10 - TE
OWNER: METROPOLITAN AXPORTS COMMJSSION
P.I.N.: 29-1 16-22-14-0001
DESCRIBED AREA: N/A
Property Description and Owner According to Hennepin County Auditor Records.
(Easement deleted per revision.)
f 30
CITYOFEDENPRAIRIE
EDEN PRAIRIE Rom/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MAY 10,2001
REVISED FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC10 - DU
OWNER: METROPOLITAN AIRPORTS COMMISSION
DESCRIBED AREA: NIA
P.I.N.: 29-1 16-22-14-0001
Property Description and Owner According to Hennepin County Auditor Records.
(Easement deleted per revision.)
C~OFEDEN~
EDEN PRCLTRIE Rom/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCEL MAC 1 1 - RW
OWNER: METROPOLITAN AIRPORTS COMMISSION
DESCFUBED &A: 11,174 SQ. FT.
P.I.N.: 28-1 16-22-23-0007
Property Description and Owner According to Hennepin County Auditor Records.
A 100.0 foot perpetual easement for roadway and utility purposes over, under, across and
through the following described property:
That part of the North Half of the South Half of the Northwest Quarter of Section 28,
Township 116, Range 22, Hennepin County, Minnesota, which lies westerly of the
centerline of County Road No. 4; also that part of the South Half of said Northwest Quarter
lying westerly of said centerline and northerly of the following described line: Beginning at
the northwest corner of said South Quarter; thence east along the north line thereof
299.16 feet; thence easterly deflecting to the right 3 degrees 25 minutes 15 seconds
1,443.72 feet more or less the centerline of said County Road No. 4 and there terminating,
subject to road.
Said 100.0 foot perpetual easement being 61.0 feet to the right and 39.0 feet to the left of the
following described line:
Commencing at the southwest corner of said Section 21; thence northerly along the west line
of said Section 21 a distance of 2,149.24 feet; thence westerly deflecting to the left
88 degrees 20 minutes 36 seconds 30.07 feet to the point of beginning of said line; thence
southerly deflecting to the left 90 degrees 00minutes 00 seconds 90.92 feet; thence
southerly 599.28 feet along a tangential 1 degree 00 minute curve concave to the east having
a central angle of 5 degrees 59 minutes 34 seconds; thence southerly 599.28 feet along a
1 degree 00 minute reverse curve concave to the west having a central angle of 5 degrees
59 minutes 34 seconds; thence southerly tangent to the last described curve 691.66 feet;
thence southeasterly 753.97 feet along a tangential 6 degree 15 minute curve concave to the
northeast having a central angle of 47 degrees 07 minutes 23 seconds; thence southeasterly
tangent to the last described curve 536.88 feet; thence southeasterly 1,320.13 feet along a
tangential curve concave to the southwest having a radius of 3,645.0 feet and a central angle
of 20 degrees 45 minutes 04 seconds; thence southeasterly 1,021.99 feet along a compound
curve concave to the southwest having a radius of 730.0 feet and a central angle of
80 degrees 12 minutes 48 seconds and said line there tenninating.
I 3A
CITY OFEDENPRAIRIE
EDEN~RA~R~E Rom/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCELMAC11 -TE
OWNER: METROPOLITAN AIRPORTS COMMISSION
P.I.N.: 28-1 16-22-23-0007
DESCRIBED AREA: 28,762 SQ. FT. WXCLUDES AREA OF PROPOSED RIGHT-OF-WAY.]
Property Description and Owner According to Hennepin County Auditor Records.
A temporary easement for construction purposes over, under, across and through the following
described property:
That part of the North Half of the South Half of the Northwest Quarter of Section 28,
Township 116, Range 22, Hennepin County, Minnesota which lies westerly of the centerline
of County Road No. 4; also that part of the South Quarter of said Northwest Quarter lying
westerly of said centerline and northerly of the following described line: Beginning at the
northwest comer of said South Quarter; thence east along the north line thereof 299.16 feet;
thence easterly deflecting to the right 3 degrees 25 minutes 15 seconds 1,443.72 feet more or
less the centerline of said County Road No. 4 and there terminating, subject to road.
Said temporary easement being that part of the above-described property lying easterly of the
following described line:
Commencing at the northwest corner of said North Half of. the South Half of the Northwest
Quarter of Section 28; thence easterly along the north line of said North Half 1,290.0 feet to
the point of beginning of said line; thence southeasterly deflecting to the right 74 degrees
lominutes 21 seconds 80.0 feet; thence southeasterly deflecting to the left 14 degrees
32 minutes 07 seconds 475.0 feet; thence southwesterly deflecting to the right 49 degrees
43 minutes 58 seconds 262.70 feet to the south line of the above-described property and
said line there terminating.
Said temporary easement to expire
I33
~OFEDENPRAIRIE
EDEN PRAnUE Rom/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUEITION
SRF No. 0003726.2
FJBRUARY 19,2003
REVISED h.IIARm 21,2003
REVISED JUNE 4,2003
PARCELMAC12-RW
OWNER: METROPOLITAN AIRPORTS COMMISSION
DESCRIBED AREA: 48,895 SQ. FT.
P.I.N.: 28-1 16-22-24-0005
Property Description and Owner According to Hennepin County Auditor Records.
A 7O.O-foot perpetual easement for roadway and utility purposes over, under, across and through the
following described property:
That part of the South Half of the South Half of the Northwest Quarter of Section 28,
Township 116, Range 22, Hennepin County, Minnesota, which lies easterly of the following
described line: Commencing at the southeast corner of said Northwest Quarter; thence westerly
along the south line thereof a distance of 809.39 feet; thence northwesterly deflecting to the right
80 degrees 30 minutes distant 673.60 feet to the north line of said South Half of the South Half of
the Northwest Quarter and being the point of beginning of the line to be described; thence
southeasterly deflecting to the right 180 degrees 00 minutes 00 seconds distant 484.49 feet; thence
southeasterly along a tangential curve concave to the northeast having a radius of 620.0 feet
distant 197.66 feet to said south line of the Northwest Quarter and said line there terminating;
subject to road.
The centerline of said perpetual easement is described as follows:
Commencing at the southwest corner of Section 21, Township 116, Range 22; thence northerly
along the west line of said Section 21 a distance of 2,149.24 feet; thence westerly deflecting to the
left 88 degrees 20 minutes 36 seconds 30.07 feet; thence southerly deflecting to the left 90 degrees
00minutes 00 seconds 90.92 feet; thence southerly 599.28 feet along a tangential 1 degree
00 minute curve concave to the east having a central angle of 5 degrees 59 minutes 34 seconds;
thence southerly 599.28 feet along a 1 degree 00 minute reverse curve concave to the west having
a central angle of 5 degrees 59 minutes 34 seconds; thence southerly tangent to the last described .
curve 691.66 feet; thence southeasterly 753.97 feet along a tangential 6 degree 15 minute curve
concave to the northeast having a central angle of 47 degrees 07 minutes 23 seconds; thence
southeasterly tangent to the last described curve 536.88 feet; thence southeasterly 1,320.13 feet
along a tangential curve concave to the southwest having a radius of 3,645.0 feet and a central
angle of 20 degrees 45 minutes 04 seconds; thence southeasterly 551.53 feet along a compound
curve concave to the southwest having a radius of 730.0 feet and a central angle of 43 degrees
17 minutes 18 seconds to the point of beginning of said centerline; thence southeasterly radial to
the last described course 195.30 feet; thence southeasterly 265.86 feet along a tangential curve
concave to the southwest having a radius of 300.0 feet and a central angle of 50 degrees
46 minutes 35 seconds; thence southeasterly tangent to the last described curve 469.32 feet and
said centerline there terminating.
&ast two paragraphs deleted from March 21,2003 document.)
CITYOFEDENPRAIRIE
EDEN PRAlRlE RoADKSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
FEBRUARY 19,2003
REVISED MARCH 21,2003
PARCELMAC12 - TE
OWNER: METROPOLITAN AIRPORTS COMMISSION
DESCRIBED AREA: 18,569 SQ. FT. cEXCLUDES AREA OF PROPOSED PERPETUAL EASEMENTS.]
P.I.N.: 28-1 16-22-24-0005
Property Description and Owner According to Hennepin County Auditor Records.
A temporary easement for construction purposes over, under, across and through the following
described property:
That part of the South Half of the South Half of the Northwest Quarter of Section 28,
Township 116, Range 22, Hennepin County, Minnesota, which lies easterly of the following
described line: Commencing at the southeast comer of said Northwest Quarter; thence
westerly along the south line thereof a distance of 809.39 feet; thence northwesterly
deflecting to the right 80 degrees 30 minutes distant 673.60 feet to the north line of said
South Half of the South Half of the Northwest Quarter and being the point of beginning of
the line to be described; thence southeasterly deflecting to the right 180 degrees 00 minutes
00 seconds distant 484.49 feet; thence southeasterly along a tangential curve concave to the
northeast having a radius of 620.0 feet distant 197.66 feet to said south line of the Northwest
Quarter and said line there terminating; subject to road.
Said temporary easement being that part of the above described property lying westerly and
southwesterly of the following described line:
Commencing at the northeast corner of the South Half of the South Half of the Northwest
Quarter of said Section 28; thence westerly along the north line thereof 870.0 feet to the
point of beginning of said line; thence southerly deflecting to the left 94 degrees,
58 minutes, 26 seconds 105.44 feet; thence southeasterly deflecting to the left 70 degrees
06 minutes 28 seconds 52.87 feet; thence southeasterly 314.61 feet along a tangential curve
concave to the southwest having a radius of 355.0 feet and a central angle of 50 degrees
46 minutes 35 seconds; thence southeasterly tangent to the last described curve 383.77 feet
to the south line of the above described property and said line there terminating.
Said temporary easement to expire
1-35
CITYOFEDENPRAEUE
EDEN PRAnUERomICSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
MARCH 21,2003
FEBRUARY 19,2003
PARcELMAC12 -DU
OWNER: METROPOLITAN AIRPORTS COMMISSION
P.I.N.: 28-1 16-22-24-0005
DESCRIBED AREA: 100,458 SQ. FT.
Property Description and Owner According to Hennepin County Auditor Records.
A perpetual easement for drainage and utility purposes over, under, across and through the
following described property:
That part of the South Half of the South Half of the Northwest Quarter of Section 28,
Township 116, Range 22, Hennepin County, Minnesota, which lies easterly of the following
described line: Commencing at the southeast corner of said Northwest Quarter; thence
westerly along the south line thereof a distance of 809.39 feet; thence northwesterly
deflecting to the right 80 degrees 30 minutes distant 673.60 feet to the north line of said
South Half of the South Half of the Northwest Quarter and being the point of beginning of
the line to be described; thence southeasterly deflecting to the right 180 degrees 00 minutes
00 seconds distant 484.49 feet; thence southeasterly along a tangential curve concave to the
northeast having a radius of 620.0 feet distant 197.66 feet to said south line of the Northwest
Quarter and said line there terminating; subject to road.
Said perpetual easement being that part of the above-described property lying southwesterly of
and adjacent to a line parallel with and distant 35.0 feet southerly and southwesterly of the
following described line:
Commencing at the southwest corner of said Section 21, Township 116, Range 22; thence
northerly along the west line of said Section 21 a distance of 2,149.24 feet; thence westerly
deflecting to the left 88 degrees 20 minutes 36 seconds 30.07 feet; thence southerly
deflecting to the left 90 degrees 00minutes 00 seconds 90.92 feet; thence southerly
599.28 feet along a tangential 1 degree 00 minute curve concave to the east having a central
angle of 5 degrees 59 minutes 34 seconds; thence southerly 599.28 feet along a 1 degree
00 minute reverse curve concave to the west having a central angle of 5 degrees 59 minutes
34 seconds; thence southerly tangent to the last described curve 691.66 feet; thence
southeasterly 753.97 feet along a tangential 6 degree 15 minute curve concave to the
northeast having a central angle of 47 degrees 07 minutes 23 seconds; thence southeasterly
tangent to the last described curve 536.88 feet; thence southeasterly 1,320.13 feet along a
tangential curve concave to the southwest having a radius of 3,645.0 feet and a central angle
of 20 degrees 45 minutes 04 seconds; thence southeasterly 551.53 feet along a compound
curve concave to the southwest having a radius of 730.0 feet and a central angle of
43 degrees 17 minutes 18 seconds to the point of beginning of said line; thence southeasterly
radial to the last described course 195.30 feet; thence southeasterly 265.86 feet along a
tangential curve concave to the southwest having a radius of 300.0 feet and a central angle
of 50 degrees 46 minutes 35 seconds; thence
curve 400.0 feet and said line there terminating.
southeasterly tangent to the last described
136
CITYOFEDENPRAIRIE
EDEN PRAnUE RoAD/CSAH 4 RECONSTRUCTION
RIGHT-OF-WAY ACQUISITION
SRF No. 0003726.2
JUNE^, 2003
PARCELMAC~~ -RW
OWNER: METROPOLITAN AIRPORTS COMMISSION
DESCRIBED AREA: 33,270 SQ. FT.
P.I.N.: 28-1 16-22-41-0002
Property Description and Owner According to Hennepin County Auditor Records.
A 70.0-foot perpetual easement for roadway and utility purposes over, under, across and through the
following described property:
That part of Tract D R.L.S. No. 1667 lying northerly of the following described line:
Commencing at the northeast comer of said Tract D; thence southerly along the east line thereof
distant 994.55 feet to the point of beginning of the line to be described; thence northwesterly
deflecting at an angle of 71 degrees 48 minutes 26 seconds as measured from north to west distant
2,186.14 feet; thence northwesterly along a tangential curve concave to the northeast and having a
radius of 620 feet to the north line of said Tract D and there terminating. Also that part of the
Northeast Quarter of the Southeast Quarter of Section 28, Township 116, Range 22 lying east of
the east line of said Tract D and lying northerly of the following described line: Commencing at
the southeast comer of the Southeast Quarter of said Section 28; thence on an assumed bearing of
North 0 degrees 17 minutes 55 seconds West along the east line thereof to the southwest comer of
said Northeast Quarter of the Southeast Quarter and point of beginning of line to be described;
thence North 72 degrees 17 minutes 46 seconds West to the east line of said Tract D and there
terminating.
The centerline of said perpetual easement is described as follows:
Commencing at the southwest comer of Section 21, Township 116, Range 22; thence northerly
along the west line of said Section 21 a distance of 2,149.24 feet; thence westerly deflecting to the
left 88 degrees 20 minutes 36 seconds 30.07 feet; thence southerly deflecting to the left 90 degrees
00minutes 00 seconds 90.92 feet; thence southerly 599.28 feet along a tangential 1 degree
00 minute curve concave to the east having a central angle of 5 degrees 59 minutes 34 seconds;
thence southerly 599.28 feet along a 1 degree 00 minute reverse curve concave to the west having
a central angle of 5 degrees 59 minutes 34 seconds; thence southerly tangent to the last described
curve 691.66 feet; thence southeasterly 753.97 feet along a tangential 6 degree 15 minute curve
concave to the northeast having a central angle of 47 degrees 07 minutes 23 seconds; thence
southeasterly tangent to the last described curve 536.88 feet; thence southeasterly 1,320.13 feet
along a tangential curve concave to the southwest having a radius of 3,645.0 feet and a central
angle of 20 degrees 45 minutes 04 seconds; thence southeasterly 551.53 feet along a compound
curve concave to the southwest having a radius of 730.0 feet and a central angle of 43 degrees
17 minutes 18 seconds to the point of beginning of said centerline; thence southeasterly radial to
the last described course 195.30 feet; thence southeasterly 265.86 feet along a tangential curve
concave to the southwest having a radius of 300.0 feet and a central angle of 50 degrees
46 minutes 35 seconds; thence southeasterly tangent to the last described curve 469.32 feet; thence
southeasterly and easterly 575.40 feet along a tangential curve concave to the northeast having a
radius of 700.0 feet and a central angle of 47 degrees 05 minutes 49 seconds and said centerline
there terminating.
CITY COUNCIL AGENDA
SECTION Payment of Claims
SERVICE AREA/DMSION: ITEM DESCRIPTION:
Community Development and
Financial ServicesDon Uram
Payment of Claims
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 120683 - 121051
Wire Transfers 1809 - 18 16
Background Information
DATE:
June 17,2003
ITEM NO.:
IT1 H.
Attachments
CityofEdenPrairie
Council Check Summary
6/17/2003
Division
100
101
102
104
110
111
112
113
114
115
116
117
130
13 1
133
135
136
137
150
151
152
153
154
155
156
158
160
161
162
163
180
184
185
200
201
203
204
301
302
303
311
312
416
417
503
506
509
601
602
603
70 1
702
703
803
General
City Manager
Legislative
Legal Counsel
Contingency
City Clerk
Customer Service
Human Resources
Communication Services
Benefits & Training
Risk Management
Facilities
City Center
Assessing
Finance
Community Development
Information Technology
Wireless Communication
Economic Development
Park Administration
Park Maintenance
Parks Capital Outlay
Athletic Programs
Community Center
Beaches
Youth Programs
Senior Center
Adaptive Recreation
oak Point Pool
Arts
Park Facilities
Police
Fire
Animal Control
Engineering
Street Maintenance
Fleet Services
Equipment Revolving
CDBG
HRA Fund
Cemetary Operation
Grant Fund
Recycle Rebate
Certificate Debt Fund
$3,390,000 Facility Bond 2000
Utility Improvement
Improvment Bonds 1996
CIP Fund
Prairie Village Liquor
Den Road Liquor
Prairie View Liquor
Water Fund
Sewer Fund
Storm Drainage Fund
Escrow Fund
Report Totals
250,983
321
1,360
33,859
910
182
12,756
10,495
6,325
7,559
230
8,308
780
715
4,530
118
4,021
1,078
119
2,918
8,043
793
4,375
13,987
72
6,899
2,055
334
361
3,653
224
13,555
4,484
133
96
56,779
16,375
20,924
2,600
600
1,200
1,856
22,400
77,750
42,547
4,928
27,426
63,343
123,938
74,007
56,373
12,000
2,001
10,018
7,071
1,030,767
Check #
1809
1810
1811
1812
1813
1814
1815
1816
120683
120684
120685
120686
120687
120688
120689
120690
120691
120692
120693
120694
120695
120696
120697
120698
120699
120700
120701
120702
120703
120704
120705
120706
120707
120708
120709
120710
12071 1
120712
120713
120714
120715
120716
120717
120718
120719
120720
120721
120722
120723
120724
120725
120726
120727
120728
120729
120730
120731
120732
120733
120734
120735
120736
Amount
1~000
77,750
60,558
66,695
24,361
8,760
15,118
65,863
277
1,385
1,500
63
7,682
304
2,212
2,425
118
288
75
245
21
138
230
70
395
55
75
78
793
40
277
354
29
58
130
429
22
750
177
75
43
34
98
22
193
432
25
23
145
255
20
22
109
41
430
48
129
61
265
3,248
6,178
2,221
City of Edcn Prairie
CWncilCh~Rtgkta
6/l7R003
Vendor I Explanatioo AccountDesaIption
ANCHOR BANK
NATIONAL CITY BANK
WELLS FARGO MINNESOTAN A
WELLS FARGO MINNESOTAN A
MINNESOTA DEPT OF REVENUE
ICMA RE- TRUST457
ORCHARD TRUST CO AS TRUSTEEKU
PUBLIC EMPLOYEES RETIREMENT
AMERICAN RED CROSS
ANDERSON, PATlY
BORG, STEVE
CAPITOL COMMUNICATIONS
DAY DISTRIBUTING
EDEN PRAIRIE ROTARY CLUB
FISHER, PAUL
HENNEPIN COUNTY
HENNEPINCOUNTYTREASURER
LIMBERG, KRISTY
MED COMPASS
MEDICINE JAKE TOURS
MINNESOTA VJIUNGS FOOD SERVICE
NELSON, ALLEN M.
PARK NICOLLET CLINIC
PAULSON, DENNIS
PETTY CASH
QWEST
SHAMROCK TOURS
VANDENBERGHE, MARK
WACONIA FARM SUPPLY
WINE SPECTATOR
HOOGENAKKER, KATHLEEN
KING, DONNA
ABDO, JEANNETTE
AMERICAN DEMOGRAPHICS MAGAZINE
ANOKA COUNTY SHERIFF'S DEPT
ASPEN WASTE SYSTEMS INC.
BREDOW, VERNE'IT
BUREAU OF ALCOHOL TOBACCO AND
DE LAGE LANDEN FINeCIAL SERVI
DOUGLAS COUNTY SHERlFlf'S K-9 F
FIRE FINDINGS
HENNEPIN COUNTY TREASURER
KRAEMERS HARDWARE INC
KUGLIN, JEAN
MERLINS ACE HARDWARE
MINNEAPOLIS FINANCE DEPARTMENT
MINNESOTA CHAPTER IAAI
MINNESOTA DEPT OF HEALTH
NEW FOGEY FOLLIES
OMELIANCHLK, PAUL
PASCHKE, LUCILLE
QWEST
RUMFORD, JOAN
SCHMIDT, MICHAEL
XCEL ENERGY
ACE ICE COMPANY
AMERIF'RIDE LINEN &APPAREL SER
ARCTIC GLACIER INC
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
NASW-MN
Principal
PaYingAgat
Federal Taxes Withheld
Employers SS 62 Medicare
Slate Taxes Withheld
Deferred Compensation
Deferred Compensation
Employers PERA
Recreation Supplies
Tuition Reimbmement/School
Tuition Reimbmement/School
Equipment Repair & Maint
Beer
Dues & Subscriptions
Other Contracted Services
Board of Prisoner
Operating Supplies
Operating Supplies
Employment Support Test
Special Event Fees
Refimds
Tuition Reimbursement/School
Other Contracted Services
Clothing & Uniforms
Operating Supplies
Telephone
Special Event Fees
Operating Supplies
Capital Under $2,000
Dues & Subscriptions
Tuition Reimbursement/School
Other Contracted Services
Operating Supplies
Dues & Subscriptions
Deposits
Waste Disposal
Mileage & Parking
Licenses & Taxes
Other Rentals
Canine Supplies
Dues & Subscriptions
Waste Disposal
Operating Supplies
Mileage & Parking
Repair & Maint. Supplies
Software Maintenance
Dues & Subscriptions
Licenses & Taxes
Conference Expense
Special Event Fees
Program Fee
Mileage & Parking
Telephone
Mileage & Parking
Tuition Reimbursement/School
Electric
Misc Non-Taxable
Repair & Maint. Supplies
Misc Non-Taxable
Liquor
Beer
Wine Domestic
Business Unit
$I,OOO,MH) G.O. Bonds - 2002A
$3,390,000 Facility Bond 2000
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
Pool Lessons
In Service Training
In Service Training
Wireless Communication
Prairie Village Liquor Store
In Service Training
2000 Rehab
Police
Community Development
Summer Theatre
Fire
Adult Program
Information Technology
Fire
Risk Management
Police
Fire
Sewer Liftstation
Adult Program
Wireless Communication
Capital Outlay Park
Den Road Liquor Store
In Service Training
Fitness Classes
Summer Theatre
City Council
Escrow
Maintenance
Senior Center Program
Den Road Liquor Store
Fire
Police
Police
Park Maintenance
Ice Arena
Senior Center Program
Maintenance
Information Technology
Police
Water Utility - General
In Service Training
Senior Center Program
Senior Center Program
Senior Center Program
Telephone
Senior Center Program
In Service Training
Traffic Signals
Prairie View Liquor Store
Prairie Wage Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Check I
120737
120738
120739
120740
120742
120743
120744
120745
120746
120747
120748
120749
120750
120751
120752
120753
120754
120755
120756
120757
120758
120759
120760
120761
120762
120763
120764
120765
120766
120767
120768
120769
120770
120771
120772
120773
120774
120775
120776
120777
120778
120779
120780
120781
120782
120783
120784
120785
120786
120787
120788
120789
120790
120791
120792
120793
120794
120795
120796
120797
120798
120799
120800
120801
120802
120803
AmOant
6,374
202
5572
14,106
23,589
6264
175
422
3,642
94
11,987
921
2,817
7,403
18,692
3,046
1,909
1,481
596
50
128
388
70
41
533
232
88
72
6,130
251
70
34,769
108
138
84
485
5
57
98
49
770
28
265
72
100
5
257
87
28
17
291
112
1,507
168
160
219
255
459
281
185
90
30
297
5,787
1,165
76
VenaOrlW&
EAST SIDE BEVERAGE C0MPlr;Ny
GE" COMPANY
GRAPE BEGINNINGS
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
MARKVII
MIDWEST COCA COLA BOTIZING COM
NEWFRANCEWINECOMPANY
PAUSTIS & SONS COMPANY
PEPS1 COLA COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALllY WINE & SPIRITS CO
THORPE DISTRIBUTING
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WINES INC
ANCHOR PAPER COMPANY
ARNOLD, DAVID
BACHMANS CREDIT DEPT
CARLSEN, KATHLEEN
CENTERPOINT ENERGY
CLAREYS INC
CRACAUER, CLIFF
DILLAHUNT, MICHELE
DVSUISSON, ROSE MARY
ELAN FINANCIAL SERVICES
FERRELLGAS
FISHER, STEPHANIE
GREGERSON ROSOW JOHNSON & NJLA
HEXuM,TAMMy
IZUMI, EDITE
J&R RADIATOR CORP
JOHNSON, TERRI
KRZMARCLK, TERESA
LINDON, CARRJE
MCCORMICK, MICHELLE
MEDICINE LAKE TOURS
MINNESOTA STATE RETIREMENT SYS
MOHAMED, ABIER
NCPERS GROUP LIFE INSURANCE
OSCARSON, JFNWER
OTTERNESS, RON
PETERSON, JAN
PRIORITY COURIER EXPERTS
SECRETARY OF STATE
SPS COMPANIES
ST. LOUIS PARK, CITY OF
WALMART COMMUNITY
ERICKSEN, LIZ
AARP55ALIVEMATUREDRIVING
ANCHOR PAPER COMPANY
ANXON INC
APT, JOE
ASPEN WASTE SYSTEMS INC.
DEGREE, BETH
GTCTA
GUSTAD, MARK
J MARCEL ENTERPRISES
KMC TELECOM HOLDINGS INC.
LARSON, CHRISTINA
MA",=
BROWNING-FERRIS INDUSTRIES
PETIT CASH-NICOLE WEEDMAN
WORK CONNECTION-BPARK
Beer
Misc Taxable
Wine Domestic
Msc Taxable
Transportation
BCfX
Misc Taxable
Wine Domestic
Wine Domestic
Misc Taxable
Wine Imported
Misc Taxable
Transportation
Wine Domestic
Beer
Wine Domestic
Wine Imported
Wine Imported
Office Supplies
Program Fee
Operating Supplies
Other Contracted Services
Lessons & Classes
Gas
Safety Supplies
Mileage & Parking
Lessons & Classes
Program Fee
Operating Supplies
Motor Fuels
Lessons & Classes
Legal
Operating Supplies
Lessons & Classes
Equipment Parts
Program Fee
Program Fee
Lessons & Classes
Program Fee
Special Event Fees
Severance
Lessons & Classes
Life Insurance EE/ER
Program Fee
Instructor Service
Lessons & Classes
Operating Supplies
Equipment Repair & Maint
Operating Supplies
Repair & Maint. Supplies
Deposits
Recreation Supplies
Other Contracted Services
Other Contracted Services
Other Contracted Services
Office Supplies
Deposits
Other Contracted Services
Building Repair & Maint.
Mileage & Parking
Operating Supplies
Clothing & Uniforms
Clothing & Uniforms
Telephone
Tuition Reimbmement/School
Mileage & Parking
Business Unit
Prairie Vi Liquor Stwe
Prairie Wage Liquor Store
prairie Village Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Prairie View Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
General
Preschool Events
Fire
2000 Rehab
Pool Lessons
Crestwood Park
Fleet Services
Fleet Services
Pool Lessons
Spring Skill Development
Finance
Ice Arena
Pool Lessons
Legal Council
Fire
Oak Point Lessons
Fleet Services
Summer Skill Development
Afternoon Playground
Fitness Classes
Athletics
Adult Program
Police
Oak Point Lessons
General Fund
Spring Skill Development
Outdoor Center
Fitness Classes
Preschool Events
Fleet Services
Economic Development
Water Treatment Plant
Escrow Fund
Youth Programs Administration
Park Maintenance
Softball
Senior Center Program
General
Escrow
Senior Center Program
Fire Station #1
Aquatics & Fitness Admin
Tennis
Police
Police
Telephone
In Service Training
Senior Center Administration
120804
120805
120806
120807
120808
120809
120810
120811
120812
120813
120814
120815
120816
120817
120818
120819
120820
120823
120824
120825
120826
120827
120828
120829
120830
120831
120832
120833
120834
120835
120836
120837
120838
120839
120840
120841
120842
120843
120844
120845
120846
120847
120848
120849
120850
120851
120852
120853
120854
120855
120856
120857
120858
I20859
120860
120861
120862
120863
120864
120865
120866
120867
120868
120869
120870
120871
2,787
109
132
80
5,192
41
25
38
682
85
184
29
172
27
215
401
172
3,110
397
225
300
99
24
46
600
149
22
372
92
210
3,889
10,639
2,650
16,554
320
1,524
9,301
920
20,926
8,845
67 1
1,529
1 1,473
331
1,898
10,604
26,570
433
80
919
534
1,689
640
56
1,368
25
53
51
111
59
381
23 8
969
660
24
351
M" CHILD SUPPORT PAYMENT CTR
MINNESOTA ClTYKOUNTY UANAGEME
"EL C0MMU"S
PRIORITY COURIER EXPERTS
PRUDENTIAL INS CO OF AMERICA C
QUICKSILVER EXPRESS COURIER
RUMFORD, JOAN
SCADDEN, JENNA
THOMPSON, RAN'DY
UNDERWATER WORLD MALL OF AMERI
UNLIMITED SUPPLIES INC
VEITH, MICHELLE
VELNER, STEVEN
VJDMAR, ED
AMERICAN RED CROSS
ASPEN WASTE SYSTEMS INC.
FrnA"E
GENUINE PARTS COMPANY
HOME DEPOT/GECF
MEEKER COUNTY SHERIFF'S DEPART
MINNESOTA VALLEY ELECTRIC COOP
PLYMOUTH, CITY OF
PUBLIC EMPLOYEES RETIREMENT
RICHFIELD AMOCO
ZEE MEDICAL SERVICE
ACE ICE COMPANY
ALL SAINTS BRANDS DISTRIBUTING
AMERlPR.DE LINEN & APP-L SER
ARCTIC GLACIER INC
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
EXlXEME BEVERAGE
GRAPE BEGINNJNGS
GRIGGS COOPER & CO
HOHENSTEINS INC
JOHNSON BROTHERS LIQUOR CO
MARKW
MDDWEST COCA COLA BOTTLING COM
PAUSTIS & SONS COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITY WINE & SPIRITS CO
THORPE DISTRIBUTING
TRI COUNTY BEVERAGE & SUPPLY
VINTAGE ONE WINES INC
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WINES INC
ANCHOR PRINTING COMPANY
BIG MIKES SUPER SUBS OF WI INC
CAPITAL ONE BANK
CORPORATE EXPRESS
CULLIGAN BOTTLED WATER
CUMMINGS, KIM
DEGREE, BETH
FERRELLGAS
GALLS INC
GEIS, ROB
GREG LARSON SPORTS
HSIAO, BETSY
IND SCHOOL DIST 272
MEATH-NELSON, WEND1
CULLIGAN-METRO
AccormtDcscriptian
Garnishmetit Withheld
Dues & Subscri~kns
Pager & Cell Phone
Equipment Parts
Life Insurance EE/ER
Poscagc
Special Event Fees
Clothing & Uniforms
Tuition ReimbursemenVSchool
Operating Supplies
Equipment Parts
Other Contracted Services
Workers Comp Insurance
Special Event Fees
Recreation Supplies
Waste Disposal
Wages No Benefits
Equipment Parts
Small Tools
Other Contracted Services
Deposits
Electric
Tuition ReimbursemenVSchool
Miscellaneous
Hope Loan Receivable
Safety Supplies
Misc Non-Taxable
Beer
Repair & Maint. Supplies
Misc Non-Taxable
Liquor
Beer
Wine Domestic
Beer
Misc Taxable
Wine Imported
Liquor
Beer
Misc Taxable
Beer
Misc Taxable
Wine Domestic
Wine Imported '
Misc Non-Taxable
Wine Domestic
Wine Domestic
Beer
Beer
Wine Domestic
Wine Imported
Wine Imported
Wine Domestic
Printing
Operating Supplies
Garnishment Withheld
Office Supplies
Operating Supplies
Operating Supplies
Mileage & Parking
Operating Supplies
Gas
Capital Under $2,000
Operating Supplies
Recreation Supplies
Prom Fee
Transportation
Bosinss Unit
General Fund
In Service Training
Wireless commlmication
General Fund
General
Senior Center Program
Police
In Sem'ce Trainiing
Teen Programs
Fleet Services
Senior Center Program
Employee Benefits
Senior Center Program
Pool Lessons
Water Treatment Plant
Fitness Classes
Fleet Services
General Facilities
Senior Center Program
Escrow
Sewer Liftstation
Police
General Fund
Hope Loan Auto Repair
Community Center Admin
Prairie View Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Youth Programs Administration
Fire
General Fund
General
Fire
Outdoor Center
Fire
Riley Lake Beach
Outdoor Center
Fire Cert Grant
Summer Safety Camp
Spring Ski Development
Outdoor Center
Preschool Events
SCM-Ces
check#
120872
120873
120874
120875
120876
120877
120878
120879
120880
120881
120882
120883
120884
120885
120886
120887
120888
120889
120890
120891
120892
120893
120894
120895
120896
120897
120898
120899
120900
120901
120902
120903
120904
120905
120906
120907
120908
120909
120910
12091 1
120912
120913
120914
120915
120916
120917
120918
120919
120920
120921
120922
120923
120924
120925
120926
120927
120928
120929
120930
120931
120932
120933
120934
120935
120936
120937
Ammint
88
94
124
93
110
216
72
125
100
231 1
1,065
737
90
852
109
6,032
359
2,536
102
170
119
185
415
676
605
1,282
6,050
211
281
68 1
22
418
46
142
3,621
789
118
1,970
810
2,380
235
4,999
287
307
287
680
2,9 18
210
809
28
164
325
249
436
324
2,656
147
8,262
1,169
165
222
415
450
1,157
9,500
1,839
KING,MARION
M.4ROl-r& VIC
MICHAEL LYNNE'S TENNIS SHOP
MINNESOTA CONWAY
MINNESOTANURSERY & LANDSCAPE
ONCOURT OFFCOURT, INC
ORIENTALTRADING CO INC
OS1 BATIERES INC
OTTERNESS, RON
QWEST
S & S WORLDWIDE
WILEMAN, BRET
ZUBROD, SCOTT
AAA LAMBERTS LANDSCAPE PRODUCT
ANCHOR PRINTING COMPANY
AQUA ENGINEERING INC
AQUA LOGIC INC
ARMOR HOLDINGS
AUTO ELECTRIC SPECIALISTS
BACHMANS CREDIT DEPT
BARCO PRODUCTS COMPANY
BARTOS PRODUCTS
BAUER BUILT TIRE AND BA'lTERY
BECKER ARENA PRODUCTS INC
BENIEK PROPERTY SERVICES INC.
BENSHOOF &ASSOCIATES INC
BERNE SCALE
BERTELSON OFFICE PLUS
BLOOMINGTON SECURITY SOLUTIONS
BOYER TRUCKS SO. ST. PAUL
BRAEMAR MAILING SERVICE INC
BROADWAY AWARDS
CARLSON TRACTOR AND EQUIPMENT
CEMSTONE
CHALLENGE PRINTING INC
CLAREYS INC
CORPORATE EXPRESS
CREATIVE MARKETING CONSULTING
CREATIVE PROMOTIONS INTERNATIO
CUB FOODS EDEN PRAIRIE
DARTNELL CORPORATION, THE
DAS MANUFACTURING INC
DEALER AUTOMOTIVE SERVICES INC
DECORATIVE DESIGNS INC
DELANO ERICKSON ARCHITECTS
DESAULNDERS, DAN
DIESEL COMPONENTS, INC.
DIGIGRAPHICSPHOTOS INC.
DIRECT SAFETY CO
DRISIULLS NEW MARKET
EARLFANDERSENINC
ECOLAB INC
EF JOHNSON
EMERGENCY AUTOMOTIVE TECHNOLOG
ERICKSEN, LIZ
ESCHELON TELECOM INC
ESS BROTHERS & SONS INC*
FACILITY SYSTEMS INC
FASTSIGNS
FERO, STACEY
FITNESS WHOLESALE
FORE MECHANICAL, INC
FOX LAWSON &ASSOCIATES
ROBICHONS THE IN-LINE SKATE SC
CUTLER-MAGNER COMPANY
G & K SERVICES-MPLS JNDUSTRVU.
V&lEXpF --
otfiacontractcdservias
InstrodorSavia
ReaestiOn Supplies
Equipment Repair & Maint
ConfermceExpense
Reaeation Supplies
Operating Supplies
Operating Supplies
Instructor Service
Telephone
Instructor Service
Operating Supplies
Tuition Reimbursement/School
Tuition Reimbursement/School
Landscape MaterialslSupp
Building Repair & Maint
Repair & Maint. Supplies
Operating Supplies
Equipment Parts
Repair & Maint. Supplies
Cleaning Supplies
Capital Under $2,000
Equipment Parts
Operating Supplies
Building Repair & Maint.
Deposits
Equipment Testing/Cert.
Office Supplies
Repair & Maint. Supplies
Equipment Parts
Printing
Awards
Equipment Parts
Repair & Maint. Supplies
Printing
Operating Supplies
Office Supplies
Advertising
Operating Supplies
Instructor Service
Chemicals
Dues & Subscriptions
Operating Supplies
Capital Under $2,000
Other Contracted Services
Other Contracted Services
Other Contracted Services
Equipment Parts
Video & Photo Supplies
Protective Clothing
Operating Supplies
Signs
Building Repair & Maint
Equipment Repair & Maint
Equipment Parts
Other Contracted Services
Operating Supplies
Repair & Maint. Supplies
Other Contracted Services
Operating Supplies
Other Contracted Services
Operating Supplies
Building Repair & Maint
Other Contracted Services
Clothing &Uniforms
Printing
Senior Center Prom
Spring Skii Development
Tennis
Fire
In Service Trainiing
TLTUli.3
Preschool Events
Fire
Outdoor Center
Prairie Village Liquor Store
Spring Skill Development
Preschool Events
Fire
In Service Training
Storm Drainage
Communication Services
Water Treatment Plant
Pool Maintenance
Police
Fleet Services
Water Treatment Plant
Water Treatment Plant
Fleet Services
Fleet Services
Ice Arena
Fire Station #5
Escrow
Water Treatment Plant
Water Utility - General
Fire
Fleet Services
Fire
Raquetball
Fleet Services
Storm Drainage
Fire
General
Police
Prairie View Liquor Store
Pool Special Events
Fire Cert Grant
Water Treatment Plant
Water Utility - General
Environmental Education
Fleet Services
City Center Operations
Planning & Development
Softball
Fleet Services
Communication Sem'ces
Water Treatment Plant
Summer Skill Development
Traflic Signs
Fire Station #1
Wireless Communication
Fleet Services
Sofiball
Telephone
Storm Drainage
Furniture
Maintenance
Volleyball
Aquatics & Fitness Ad&
Fire Station #5
Human Resources
Fleet Services
check::
120938
120939
120940
120941
120942
120943
120944
120945
120946
120947
120948
120949
120950
120951
120952
120953
120954
120955
120956
120957
120958
120959
120960
120961
120962
120963
120964
120965
120966
120967
120968
120969
120970
120971
120972
120973
120974
120975
120976
120977
120978
120979
120980
120981
120982
120983
120984
120985
120986
120987
120988
120989
120990
120991
120992
120993
120994
120995
120996
120997
120998
120999
121000
121001
121002
121003
Amoont
93
67
500
335
22,400
295
1,619
75
634
198
100
1,895
1,303
398
600
125
3,485
3,699
1,200
3,500
20,924
22
270
2,106
414
1,613
20
133
120
105
1,127
84
688
700
596
82
479
1,560
170
4,184
8,234
758
37,016
11,143
111
21,751
4,928
335
373
1,315
181
239
21
1,052
430
1,257
267
608
1,000
293
250
1,017
6,217
150
3,287
34
VcnaOrlExpIanation
GENERALSAFETYEQUIPMENTCOMPA
GINAMARIAS INC
GRAINGER
GREATRTWRPRINTINGSERVICES
HAMLINE UNIVERSITY GRADUATE SC
HARMON AUTOGLASS
HAWKINS WATER TREATh4ENT GROUP
HEN"G, SARAH
HILLYARD
ICERINK SUPPLY CO
IC1 DULUX PAINT CTRS
IND SCHOOL DIST 272
INDUSTRIAL LIGHTING SUPPLY INC
INFRATECH
INSTITUTE FOR E"MENTAz. AS
rITRIuM
JANEXINC
JEFFERSON FIRE & SAFETY INC
KENNETHCOMPANIES INC
KERN DEWENTER VIERE LTD.
KOENIG & SONS EQUIP= INC
KRAEMERS HARDWAREINC
LAB SAFETY SUPPLY INC
LAKE COUNTRY DOOR
LANDS END CORPORATE SALES
LAN0 EQUIPMENT INC
LEAGUE OF MINNESOTA CITIES
LEROY JOB TRUCKING INC
LIONS TAP
LOES OIL COMPANY
LON MUSOLF FLOORING COMPANY
MARKS CERTICARE AMOCO
MARSHALL & SWIFT
MARTN-MCALLISTER
MAXI-PRINT INC
MCGRAW-HILL CONSTRUCTION ENR
MENARDS
MERITPRINTING
METRO ATHLETIC SUPPLY
METRO CONCRETE RAISING INC
METRO FIRE
METROPOLITAN FORD
MIDSTATES EQUIPMENT & SUPPLY
MIDWEST ASPHALT CORPORATION
MI" ST ADMIN ITG TELECOM SERV
MINNESOTA DEPT OF HEALTH
MINNESOTA GREEN LANDSCAPING IN
MINNESOTA PRINT MANAGEMENT LLC
MINNESOTA ROADWAYS CO
MINNESOTA VMINGS FOOD SERVICE
MINNESOTA WANNER COMPANY
MIRACLE RECREATION OF MINNESOT
h4N MAINTENANCE EQUIPMENT INC
MTI DISTRIBUTING INC.
NATIONAL RECREATION AND PARK A
NATIONAL WATERWORKS
NAUTILUS/SCHWINN FITNESS GROUP
NEuMANN,NEAL
NEW HORIZONS
NORTHERN TOOL & EQUIPMENT CO.
OLSEN COMPANIES
OS1 BATTERIES INC
PARROTT CONTR4CTING INC
PAUTZ, ROGER
PERNSTEINERCREAW GROUP INC
PETSMART
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operating SUppIies
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Check f
121004
121005
121006
121007
121008
121009
121010
121011
121012
121013
121014
121015
121016
121017
121018
121019
121020
121021
121022
121023
121024
121025
121026
121027
121028
121029
121030
121031
121032
121033
121034
121035
121036
121037
121038
121039
121040
121041
121042
121043
121044
121045
121046
121047
121048
121049
121050
121051
AmMmt
29
102
11,570
154
1,034
84
32
1,154
680
26,388
1,020
275
165
91
555
2,124
16,159
83
12,561
57
1,470
76
3,046
57
127
40 1
2,33 1
265
88
1,224
833
52
40
119
233
43
2,628
661
3,097
46
107
562
1,467
43 8
389
146
67
252
1,030,767
PITNEYBOWES
PRAIRIE CYCLE & SKI
PRAIRIEELECTRICCOMPANY
PRAIRIELAWNANDGARDEN
PUBLIC SAFETY EQUIPMENT CO
R&RhURJNEINC
RADIOSHACK
RAY O'HERRON CO INC
RAY, LEE
Rh4R SERVICES INC
RUMPCA CO INC
S & S WORL,DWIDE
SCHARBER 62 SONS
SCHERER BROTHERS LUMBER CO
SHINGOBEE
SIMPLEXGRINNELL LP
SM HENTGES & SONS INC
SNAP-ON TOOLS
SOUTHRIDGE CONSTRUCTION
STANDARD SPRING
STEMPF AUTOMOTIVE INDUSTRIES I
STREICHERS
SUBURBAN CHEVROLET GEO
SUBURBAN PROPANE
SUNNEWSPAPERS
SURWALINK CORP
TAPE COMPANY, THE
TESSCO
TESSMAN SEED CO
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TRANS WON CORPORATION
TWIN CITY OXYGEN CO
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WEST WELD
WESTSIDE EQUIPMENT
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WITHEROW, PATRICK
WOLF CAMERA
ZEP MANUFACTURING CO
ZOELLNEK MARK
SOUTHWEST SUBURBAN PUBLISHING-
WM MUELLER AND SONS'INC
Grand Total
AccoantDcscription
P0-F
Clothing & Uniforms
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Capital Under S2,,ooO
Equipment Repair & Maint
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Other Contracted Services
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Fleet Services
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Communication Services
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Fleet Services
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General
Storm Drainage
Fleet Services
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Water Treatment Plant
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TmEc Signs
Spring Skill Development
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Assessing
Fleet Services
Softball
CITY COUNCIL AGENDA
SECTION: Ordinances & Resolutions
DATE: 6/17/03
ITEM DESCRIPTION:
DEPARTMENT/DIVISION: First Reading of Ordinance Amending City ITEM NO.:
Office of the City Manager Code Sections 4.22,4.32,4.33 and 4.41,
Relating to the Hours Liquor May Be Served -x&.
Requested Action
Move to: Approve the First Reading of an Ordinance amending City Code Sections 4.22, 4.32,
4.33 and 4.41
Synopsis
The State Legislature adopted new legislation during their 2003 session that will allow a change
in the closing time for establishments selling on-sale liquor fiom 1:00 a.m. to 2:OO a.m. The new
statute becomes effective on July 1,2003.
The legislation requires that a city must affirm the change to 2:OO a.m. if its local City Code is
not directly tied to the liquor provisions of State Statute. The legislation also requires the liquor
license holder to receive a special permit fiom the State.
Eden Prairie's liquor regulations are not directly tied to State Statute. Therefore, if the City
Council desires to allow the new 2:OO a.m. closing time to become effective in Eden Prairie, the
Council must adopt an enabling ordinance.
An enabling ordinance has been prepared, per a request fiom Councilmember Young.
Discussion and a possible first reading of the ordinance have been scheduled for the June 17,
2003, Council meeting. If the Council passes the enabling ordinance on first reading, a second
reading will be scheduled for July 1, 2003. If approved by the Council on July lst, the new
ordinance would likely become effective following its publication on July 10,2003.
Attachments
Ordinance
CITY OF EDEN PRAIRIE
ElE”EPIN COUNTY, MINNESOTA
ORDINANCE NO. -2003
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE SECTION 4.22 BY AMENDING THE HOURS DURING WHICH BEER
MAY BE SOLD; AMENDING CITY CODE SECTION 4.32 BY AMENDING THE
HOURS DURING WHICH LIQUOR MAY BE SOLD; AMENDING SECTION 4.33 BY
AMENDING SUNDAY SALES; AND AMENDING SECTION 4.41 BY AMENDING THE
HOURS DURING WHICH WINE MAY BE SOLD.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
City Code Section 4.22 is amended by adding the following:
For all purposes set forth above, the hours during which beer may
be sold are extended to 2:OO a.m. for licensees who obtain a permit
fiom the Commissioner of Public Safety under Minnesota Statutes 0 348.504 as amended fiom time to time.
City Code Section 4.32 is amended by adding the following:
For all purposes set forth above, the hours during which liquor may
be sold are extended to 2:OO a.m. for licensees who obtain a permit
fiom the Commissioner of Public Safety under Minnesota Statutes
0 348.504 as amended fiom time to time.
City Code Section 4.33 is amended by adding the following:
For all purposes set forth above, the hours during which liquor may
be sold are extended to 2:OO a.m. on Mondays for licensees who
obtain a permit fiom the Commissioner of Public Safety under
Minnesota Statutes 9 348.504 as amended fiom time to time.
City Code Section 4.41 is amended by adding the following:
For all purposes set forth above, the hours during which wine may
be sold are extended to 2:OO a.m. for licensees who obtain a permit
fiom the Commissioner of Public Safety under Minnesota Statutes
0 348.504 as amended fiom time to time.
City Code Chapter 1 entitled “General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation” and Section 4.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference as
though repeated verbatim herein.
Section 6. This Ordinance shall become effective fiom and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
, 2003, and finally read and adopted and ordered published at a
, 2003.
day of
regular meeting of the City Council of said City on the day of
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the day of , 2003.
CITY COUNCIL AGENDA
SECTION: Petitions, Requests and Communications
I
DEPARTMENT: ITEM DESCRIPTION:
Parks and Recreation
Robert A. Lambert, Director
Petition to Extend the Use Hours for the
Basketball Court at Franlo Park
DATE:
June 17,2003
ITEM NO.:
Requested Action
Motion: Move to change the use hours for the basketball court at Franlo Park to be
consistent with the use of all other park facilities within that park and,
furthermore, to remove eight feet of court surface along the southern boundary of
the basketball court and realign the court to an east/west direction to
accommodate the setback requirements in a rural zone.
Synopsis
The City has received a petition from the residents living adjacent to Franlo Park requesting that
the court hours be extended until 1O:OO p.m., which is the park closing for all other facilities. A
copy of the petition is attached to this staff report.
Currently, the basketball court hours are from 8:OO a.m. to 8:OO p.m. This was established in
1997 as a result of a petition by a neighbor and public discussions.
Staff have discovered in measuring the distance from the property line to the court that the
basketball court is located only 22 feet from the property line and in violation of the setback
distance of 30 feet for accessory structures in a rural zone. To make the court comply with the
City Code, staff is recommending that approximately eight and one half feet of the most
southerly portion of the court be removed, which would also remove the most southerly
basketball stanchion.
\
The Parks, Recreation and Natural Resources Commission reviewed this proposal at their April
7* and May 5* meetings and have recommended that the court hours be similar to all other
facilities at that park and that the court comply with City Code in terms of setback.
Background Information
Franlo Park was built in 1985. The housing development on the south boundary of the park was
constructed in 1992-1 995 timeframe.
In 1987, the request of Allan McNee and Casey Quinn was discussed at the Parks, Recreation
and Natural Resources Commission, as well as the City Council regarding the use of the
basketball court at Franlo Park. Several options were discussed at that time, including removal
and relocation of the basketball court within Franlo Park. Copies of the minutes fi-om the August
18, 1997 Parks, Recreation and Natural Resources Commission are attached to this staff report.
Also, the minutes of the 1997 City Council meeting are attached. The City Council approved on,
5-0 vote, to change the City Code giving the Director of Parks and Recreation the authority to
change hours of operation within parks with input and recommendations fi-om the Parks,
Recreation and Natural Resources Commission.
City staff do not believe that removing eight and one half feet of court surface and realigning the
court will alleviate the noise issue that is the concern of Allan McNee and Casey Quinn. Staff
does not believe there is any other location within the park that would not cause a similar
problem to another home if the court was relocated.
City staff concur with the recommendation of the Parks, Recreation and Natural Resources
Commission. All of the facilities within Franlo Park do cause noise for adjacent property owners
on occasion. The park was developed prior to the homes; therefore, people knew what the
situation was prior to purchasing a home. Residents surrounding the park are adamantly opposed
to removing the basketball court and want the ability for their children to play basketball during
daylight hours throughout the summer months. The Parks, Recreation and Natural Resources
Commission was uncomfortable with setting a special set of rules for this particular recreation
facility and believe that all parks and their facilities within those parks should be under the same
set of rules.
Attachments:
The following are attached to this staff report:
Petition fi-om the neighbors containing 13 1 signatures
Aerial photo map of Franlo Park showing the location of various park amenities and the
play fields
Letter of the letter sent out to the Franlo Park residents inviting to the May 5, 2002
meeting at the Parks, Recreation and Natural Resources Commission
Digital photographs of Franlo Park basketball court showing the view fiom two different
angels
Photo of the proposed reduction of the basketball court to meet the 30 foot setback
Council minutes fiom September 2, 1997
City Council agenda packet for September 2, 1997 includes the unapproved minutes for
the Parks, Recreation and Natural Resources Commission meeting of Monday August 18,
1997
Minutes of the May 5 (approved) and June 2 (unapproved) meeting of the Parks,
Recreation and Natural Resources Commission
RAL:mdd
April 22,2003
Park and Recreation Services
City of Eden Prairie
Please find enclosed a signed petition regarding the park hours at Franlo
Park. We request that the courts be open from 8:OO a.m. until 1O:OO p.m.
consistant with the other parks in Eden Prairie, Minnesota.
I
As summer approaches and the days get longer,we would prefer to have
our children playing basketball and tennis in the park. It gives us a chance
to take advantage of our short summer season. There have been times
where a great game of basketball has been interrupted due to these
unreasonable hours. We should all be able to enjoy Franlo Park like the rest
of the Eden Prairie residents enjoy their local parks.
We request that this petition go before the next Park and Recreation
Board meeting coming up in May.
Thank you for your full attention and cooperation regarding this matter.
Respect fu 11 y ,
Franlo Park Residents
I5 I
We request that the courts at Franlo Park be open
8am - 10 pm, consistant with the other parks in
Eden Prairie, Minnesota.
We request that the courts at Franlo Park be open
8am - 10 pm, consistant with the other parks in
Eden Prairie, Minnesota.
We request that the courts at Fdo Park be open
Sam - 10 pm, consistant with the other parks in
Eden Prairie, Mhnesota.
We request that the courts at Fdo Park be open
8m - 10 pm, consistant with the other parks in
Eden Prairie, Minnesota.
We request that the courts at Franlo Park be open
8am - 10 pm, consistant with the other parks in
Eden prairie, Minnesota.
I I I I
We request that the courts at Franlo Park be open
8am - 10 pm, consistant with the other parks in
Eden Prairie, Mknesota.
We request that the courts at Fdo Park be open
Sam - 10 pm, consistant with the other parks in
Eden Prairie, Mknesota.
I59
April 28,2003
TO: Franlo Park Area Residents
Dear Property Owner:
Recently, the City of Eden Prairie received a petition to change the use hours for the basketball
court at Franlo Park. You are iqvited to attend a meeting of the Parks, Recreation and Natural
Resources Commission to comment on the potential change.
Parks, Recreation and Natural Resources Commission
May 5,2003 - 7:OO .p. m.
8080 Mitchell Road
City Council Chambers
In 1997, the Parks, Recreation and Natural Resources Commission and City Council discussed
various alternatives to concerns raised by adjacent neighbors to the Franlo Park basketball court.
Following discussions at the City Council and Parks, Recreation and Natural Resources
Commission, the City Council authorized a change in the City Code that would allow the
Director of Parks and Recreation to set specific hours on certain facilities within City parks. The
recommendation by the Parks, Recreation and Natural Resources Commission was to set the
court use hours from 8:OO a.m. to 8:OO p.m. The petition requests that the court hours be 8:OO
a.m. to 1O:OO p.m.
If you are unable to attend the meeting, but would like to provide a comment on the petition,
please free to contact me at 952-949-8445.
Sincerely,
Stuart A. Fox
Manager of Parks and Natural Resources
SAF:mdd
Franlo Park
North + .
April 28,2003
TO: Franlo Park Area Residents
Dear Property Owner:
Recently, the City of Eden Prairie received a petition to change the use hours for the basketball
court at Franlo Park. You are iqvited to attend a meeting of the Parks, Recreation and Natural
Resources Commission to comment on the potential change.
Parks, Recreation and Natural Resources Commission
May 5,2003 - 7:OO .p. m.
8080 Mitchell Road
City Council Chambers
In 1997, the. Parks, Recreation and Natural Resources Commission and City Council discussed
various alternatives to concerns raised by adjacent neighbors to the Franlo Park basketball court.
Following discussions at the City Council and Parks, Recreation and Natural Resources
Commission, the City Council authorized a change in the City Code that would allow the
Director of Parks and Recreation to set specific hours on certain facilities with& City parks. The
recommendation by the Parks, Recreation and Natural Resources Commission was to set the
court use hours from 8:OO a.m. to 8:OO p.m. The petition requests that the court hours be 8:OO
a.m. to 1O:OO p.m.
If you are unable to attend the meeting, but would like to provide a comment on the petition,
please fkee to contact me at 952-949-8445.
Sincerely,
Stuart A. Fox
Manager of Parks and.Natura1 Resources
SAF:mdd
-.
Franlo Park Basketball Court
1’ -1 ZT-g - __
View fiom berm on the west side of court looking southeast
View fiom northwest end of court looking south
Franlo Park Basketball Court Reduction Exhibit
View fiom west side of court looking east
----Dashed line indicates area of court to be removed
Proposed
Franlo BB Court Re-alignment
NORTH +
Photo represents court after proposed rotation
crrYcomcILMIN[ITEs
September2,1997
Page 7
B. REXOLUTON (2”It-G PROPOSED 1998 LOCAL T’RAN!XF
TAXATION HEARING(@
SERVXCES TAX LEVY AND SET“G DATE(@ FOR TRUTH-IN-
Jullie stated staff recommends the Council adopt a Resolution which wiU
Certify the proposed 1998 net local transit services tax levy to be $2,078,513;
and sets the ‘cTm~-In-Taxation” Public Hearing for Wednesday, December 10,
1997 and, if necessary, to reconvene the Public Hearing on Wednesday,
< . December 17, 1997.
MOTION Butcher-Youngham moved, seconded by Case to adopt ResoIution
No. 977166 certifying the proposed 1998 Local Transit Services Tax Levy and
setting the dates for the ‘sTruth-li+-Taxation’y Public Hearings for Wednesday,
December 10, 1997 and, if necessary; to reconvene the Public Hearing on
Wednesday, December 17, 1997. Motion carried 5-0.
Vm. PETITIONS, REOUESTS AND COMMUNICATIONS
A. REOUEST TO REMOVE BASI(ETBALL COURT FROM FRANLO
PARB:
*-
Lambert reviewed the details of this request and the recornendations from the
Parks, Recreation & Natural Resources Commission which reviewed this matter
at its meeting on August 18, 1997. He has met with homeowners and the home
was toured by the Parks, Recreation & Natural Resources Commission which
listened from the deck and &om the bedroom while someone pounded a
basketball on the court. There was only one place to relocate the court but that
was within the foul ball zone of the baseball field, and stafF did not recommend
this. The neighborhood was notified of this and there has been opposition to
relocation of the court. The Parks, Recreation & Natural Resources
Commission took action recommending repair of the backboard and relocating it
to the north end of the court, and recommended giving the Director of Parks ,
Recreation & Natural Resources the authority to change the hours of operation
within City parks.
Butcher-Younghans asked if they could put some surface on the courts which
would deaden the sound of the ball and Lambert responded he had never seen it
done on an outdoor court.
The Public Hearing was opened.
Amanda Swenson, 10567 Lee Drive, stated she has been there playing and the
backboard does not make noise anymore, so it has been fked. If they make it a
half-court playing area it won’t be large enough to play on.
mcomcILMlwDTEs
September 2,1997
Page 8
Molly Dunning, 10112 Bluff Road, stated the sound of the basketball court was
objectionable because of the noise when the windows were open, but she
believed that the windows could be closed and this would alleviate the noise.
She was aware that there was one individual who had caused a problem, but
understood that had been resolved. Lambert stated the problem had been
created by someone who worked at night and was using the basketball COW at
6:OO a.m. after he got off work. Lambert suggested that he use the Homeward
Hills court at that time which had resolved the problem.
Case stated he supported the Director of Parks, Recreation & Natural Resources
having the authority to change the hours of City Parks, and Mayor Harris
concurred, and noted she had reservations about moving the court. Butcher-
Younghans concurred, stating she would not like to,see the park changed
because of this, but she supported giving the Director of Parks, Recreation &
Natural Resources the authority to change park hours. Discussion ensued
regarding ways the basketball court could be screened .from the adjacent
property. Mayor Harris stated that when we turn children away from desirable
pursuits they turn to less desirable ones, and she believed the court should be
kept open.
\
MOTION: Thorfinnson moved, seconded by Case, to accept the
recommendations from the Parks, Recreation & Natural Resources Commission
to initiate a change in the City Code giving the Director of Parks, Recreation &
Natural Resources authority on changing hours of operations within City parks,
with input and recommendation for approval from the Parks, Recreation &
Natural Resources Commission. Motion carried 5-0.
.-
E. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. BERITAGE PREsFlRVATION COMMISSION - Heritage Site
Designations
Jane Hession, Chair of the Heritage Preservation Commission recommended the
City Councfi adopt the Ordinance designating the six sites as significant sites to
be preserved within the City. A Finding of Significance Statement was prepared
for each of these sites and Public Hearings for each site were conducted by the
Heritage Preservation Commission. She stated that preservation of bistoric sites
benefits the entire community. JulIie noted the Planning Commission also
reviewed the Heritage site nominations and recommended approval.
Butcher-Youngham inquired jf there were any financial benefits to designating
sites as being of historical significance and Hession responded that they have a
much greater opportunity for securing grants for funding for restoration and
preservation of these sites. Case commented we were fortunate to be
designating properties that have no opposition. He asked what they would do if
a prospective landowner had concerns about having their property designated as
CITY COUNCIL AGENDA
Section: Petitions and Requests
Department: PRNR
Robert A. Lambert, Director Park
k'' Request to Remove Basketball Court fkom Franlo
RECOMMENDATION:
Date: Sept. 2, 1997
Item ~0.m;
City staff recommends the Parks, Recreation and Natural Bsources Commission and the City
Council listen to the testimony of Allen McNee and Casey Quitm, as well as other residents that are
within the service area of Franlo Park and consider one of the following options:
i.
2.
3.
Lr
4.
No change to the status of the court.
Change the City ordinance to allow the Director to set specific hours of use on certain
facilities within parks. For example, if hours for use of the court were set from 8:OO a.m. to
8:OO p.n, perhaps the court would be tolerable.
Mode the court to a "half court" by eliminating the basket on a south end of the court
adjacent to the residents. This would ensure that activity would occur at the north end of the
court. That basket is located approximately 90 feet fiom the property line. If this option
provides only a limited amount of improvement, the City could take the next step and actually
remove the south half of the court hard surface and plant coniferous trees on that location in
order to screen the court and reduce additional noise. The estimated cost for this option is
approximately $2,000.
The final step would be to eliminate the court fiom the park or relocate a half court to the
center of the park, north ofthe parking lot between the soccer field and the softball field. 'The
estimated cost to remove the existing court and reseed the area would be approximately
$2,000 to $3,000. The cost to remove the court, reseed the area, and relocate a half court
would be approximately $15,000 to $20,000.
In order to relocate the court to the center of the park, north of the parking lot, it would
require removing three to four trees and cutting the berm down approximately four to five
feet. That location is a marginal location, as it would be considered in the foul ball zone for
the softball field. (Some foul balls would be able to reach the basketball court.)
CONSIDERATIONS:
City Mhave reviewed this site and concur with Allen McNee and Casey Quinn that the basketball
court is extremely close to their home and likely does cause a disturbance at times to their residence.
1
The homes in that neighborhood have very shallow backyards and the basketball court is within 25
feet of the park property he.
Kids occasionally bring boom boxes with them to the basketball court; however, that problem has
generally been eliminated through the use of park rangers and police. The general noise that emits
fiom a basketball game (the pounding of the'basketball and the nose &om the players) can be quite
loud and offensive, if your home is witbin 50 feet of the court.
The park was completed prior to the development of any of the homes along the south side of Franlo
Park. The home was constructed after the courts and Ms. Quinn and Mr. McNee admitted they
thought the court would be an amenity, rather than a problem,
The Parks, Recreation and Natural Resources Commission visited the home in question and listened
to the noise if a basketball pounding on the court fiom within the home and the deck in the backyard.
The staff also sent a letter to Frdo Park area residents informing them of the request by a family to
remove the basketball court and invited their comments at an August 18 meeting.
The City has received one letter in support of removal of the court fiom the resident that lives on the
north side of Franlo Park. The City has also received six letters in opposition to removal of the
basketball court and 11 phone calls itom residents in opposition to removing the court.
The Parks, Recreation and Natural Resources Commission will review this matter at their August 1 8
meeting and the City Council will review it at the September 2 meeting.
BL:mdd
2
UNAPPROVED MINUTIIS
EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES
COMMISSION
MONDAY, AUGUST 18,1997
COMMISSION MEMBERS:
COMMISSION MEMBERS ABSENT:
COMMISSION STAFF:
STUDENT REPRESENTATIVES:
7:OO P.M. CITY CENTER
8080 MITCHELL ROAD
COUNCIL CHAMBERS
Richard Brown, Chair; Frantz Corneille, Claire
Hilgeman, Don Jacobson, Vicki Koenig, Glenn
Stolar, John Wilson
None
Robert A. Lambert, Director of Parks, Recreation and
Natural Resources; Stuart A. Fox, Manager of Parks
and Natural Resources; Elyce Kastigar, Community
Center Manager; Elhda Bahley, Recording Secretary
Jennifer Freemyer (absent), Melody Hasse (absent)
I. ROLL CALL (introduction of new member, Glenn Stolar]
Chair Brown called the meeting to order at 7:OO p.m. Commissioner Wilson arrived
at 7:OS p.m.
Lambert introduced new member, Glenn Stolar, noting he has been involved in
Parks and Recreation for a long time and will be a big asset for the Commission.
.-
II. APPROVAL OF AGENDA
MOTION: Koenig moved, seconded by Jacobson, to approve the agenda as
published. Motion carried 6-0.
III. APPROVAL OF MINUTES - AUGUST 4.1997
MOTION: Jacobson moved, seconded by Koenig, to approve the minutes of the
August 4,1997 Eden Prairie Parks, Recreation and Natural Resources Commission
as published. Motion carried 5-0-1 with one abstention by Hilgeman.
IV. PETITIONS. REOUESTS AND COMMUNICATIONS
A. Reauest - to Relocate Basketball Court in Franlo Park
Staffrefaed the Commission to a memo dated August 1 1,1997 and a letter
Unapproved'Minutes
Parks, Recreation and Natura1 Resources
Monday, August 18,1997
dated July 17, 1997 from Bob Lambert, Director of Parks, Recreation and
Natural Resources; and a group of letters fkom the residents of Franlo Park.
Lambert explained he had discussions with Allen McNee and Casey Quinn
about two or three years ago regarding the court noise that was causing
problems with their home. The complaints were people using the court at
odd hours or bringing boom boxes to the court. Staff addressed most of that
with aggressive policing and park rangetpatrols. The problem has continued
for that fdy with the noise of the basketball bouncing in the court. It has
become an irritant that has grown over the years and they have requested the
City do something to eliminate that.
He reviewed the four options the Commission could recommend to the City
council and noted that notices were sent out to the neighborhood about this
matter. This request has generated more discussion and calls and letters than
anything for a while that's'effected any park. He highlighted the comments
received from different letters in opposition of removing the basketball court.
There was only one letter supporting the removal of the basketball court.
(Commissioner Wilson arrived at 7:08 p.m.)
Allen McNee, 103 17 Franlo Road, noted they are the first homeowner of this
home and the court is only 20 feet away from their property line. He is an
avid sports fan of basketball. They had no idea living so close to the court
would have any kind of negative impact. All of the bedroom windows face
the court and no other home in that area has the same problem or the same
level of discomfort as they do. They have visited every park in Eden Prairie
and no other park has a basketball court as close to a home as their: home is.
He indicated the Commission members did come to his home to listen to the
noise. The problem is not going to go away and will be there with the next
homeowner. They will have to disclose this information to any future buyers
which will have an impact on the value of their home and the entire area.
He referred to the July 16 issue of the Sun Current depicting a gentleman
from St. Louis Park playing basketball, He thinks there are probably a fair
amount of people that come to use that court who don't live there, yet they
are the ones negatively impacted by it. Their objective is to find a resolution
that meets the needs of them and the rest of the people in the area.
Casey 103 17 Franlo Road, commented it's a serious problem and no
2
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Unapproved Minutes
Parks, Recreation and Natural Resources
Monday, August 18,1997
one in her neighborhood can understand what the problem is unless they
were to live in her house. The problem is different for even one house away
but the problem is magnified for them.
Amanda Jackson, 10567 Lee Drive, was opposed to moving the basketball
court using $15,000 of taxpayers' money. If there'are people abusing the
court, the police should be called. There is a curfew that should be enforced.
The park and playing fields were these when this family purchased their
home. This is only a seasonal problem. If this f&ly wants it moved, they
should pay for it and not the taxpayers.
Steve Rath, 10335 Franlo Road, commented he has three sons and noted his
house is the closest to the playground to the right of the basketball court. He
said the court is used infrequently and is used on an average of less than an
hour a day from his observations. He moved into this neighborhood about
a year ago and one of the reasons they moved there was because of the
facility. He and his wife discussed at length whether they wanted to be next
to a park or not because there were positive and negative impacts. His house
has at least as much noise as the McNee's home because there are'kids in the
playground from sunup to sundown. It's a hangout for teenagers at night and
the police records would probably show as much, if not more, calls for the
playground area. This is something they realized before moving in.
'*- He was concerned about setting a precedent because in the future people
could ask for the playground to be removed because of all the noise. He
supported limiting the hours of use so it's not early morning or late in the
evening. Relocating it would be very hard to accept. He was also opposed
to putting a basketball court. right next to the playground because this would
be a compounded noise for them. He supported enforcing the provisions to
keep the hours of play within the hours. He noted there has been one
individual that has irritated this situation in terms of the boom box and
playing late at night, which has turned this into a huge problem.
Tamara Rath, 10355 Franlo Road, supported what her husband said. It took
them five years to look for a house and one of the reasons they moved there
was for the facility. She was also concerned about setting a precedent.
Steve Hertz, 10300 Anchorage Ridge, noted they have lived there five years
and the facilities at Franlo Park are second to none. The main concern here
are the kids and when you put something out there that keeps the kids
3
Unapproved Minutes
Parks, Recreation and Natural Resources
Monday, August 18,1997
playing basketball or sofiball, the City has done their job. The park was
there first and a lot of people mved there because of the park. He frequents
the park often with his daughter and her friends and he has never seen beer
cans or drug paraphernalia. The kids are going there to play basketball. If
they are going there to use the park, they better be able to use the park
because that's what the tax dollars are going for.
He suggested the City fix the north bhsket because it's clanging and then
people would use it instead of using the south basket all the time. He noted
his father-in-law lives in the townhomes directly across fkom the park and he
said to tell the City to fix the backboard on the other end. He said he has
monitored the park and has not seen anyone there early in the morning before
9:30 or 1O:OO a.m. He would rather have the kids there than someplace else.
Rick Anderson, 1742 Grant Drive, noted he has lived there 13 years and
moved in when it was a cornfield. He and his family use the park a lot at
least twice a day. He and his wife kept a record for the last two weeks and
have not seen anyone playing basketball. Four of his neighbors across the
street have basketball hoops and two neighbors on either side of him have
hoops which are only 30 feet from his house. He has not noticed any
thumping of basketballs and it has not been a problem for them. He
supported all the comments said previously by his neighbors. They should
be encouraging the kids to be in the park and using the facilities, not
restricting them. If there is $15,000 to invest in that park, the City should
put in drinking water and bathrooms, not take away from anythmg there.
I
A resident residing at 10325 Franlo Road, commented she is aware of the
problem and does hear the noise when the windows are open. They have
planted quite a few trees which seem to be absorbing quite a bit of the sound.
They do hear the noise but it's not a problem for them. She supported all the
conxnents made by the residents. She has two children and they all use the
park. She suggested the planting of trees to try to offset some of the noise.
She supporting limiting the hours of use. Her husband works during the
night and sleeps during the day with the windows open. The window does
face the court but the noise is not enough to bother them.
John Bowers, 10305 Arrowwood Drive, was concerned that the court not be
removed from the park. He has two children that use the park frequently.
One of the main reasons he moved there was to be near the park. .
4
Unapproved Minutes
Parks, Recreation and Natural Resources
Monday, August 18,1997
Susan Murakami, 10341 Franlo Road, noted they are the first homeowners
to build on the south side of Franlo Park. Her children's bedroom is on the
west side of the house near the playground and there is quite a bit of noise.
She supported reducing the hours but not removing the basketball court.
Molly Dunning, 101 12 Bluff Road, was very disturbed the City would
consider one family's complaint and invest spending $15,000 on a project
when 30 families have voiced major conbern on the speed of traffic on Bluff
Road. According to the City, nothing can be done about that. This is a
seasonal sport and this family will not be bothered 12 months out of the year.
One individual is causing this family a great disturbance and the rest of the
neighborhood should not have to suffer for the bad situation created there.
She supported reducing the hours of play and the planting of trees.
Brown commented removing the basketball court is just one option. It's the
City's obligation to say it's $15,000 in tax money. It's just information and
is just one consideration. Dunning said the 'stop sign is not even up for
consideration but this the City can consider.
Marilyn Bose, 10347 Franlo Road, noted they back up to a baseball field and
moved there four years ago. They considered the McNee's house but decided
not to buy it because they did not want to back up to a basketball court.
They have to deal with a lot of noise fkom the baseball field and knew that
fkom the beginning, but they deal with it. They made a decision to back up
to a baseball field and they live with it. She supported.limiting the hours and
the plantings of trees. She would like a solution to this problem because she
does empathize with the McNees.
Jack Bowers, 10305 Arrowwood Drive, noted he was a student who used this
park and it's not fair when he and his sister and friends use it and obey the
curfew. Action should be taken against the person causing the problems.
Hilgeman asked if it would be a problem if the hours were limited to 8:OO
a.m. to 8:OO p.m. Bowers said it would not be a problem.
Corneille asked if it would be acceptable if the hours were changed from
8:OO a.m. to 8:OO p.m. Quinn said they are willing to work with this. She
realized they are the only house that has the problem of the thumping of the
basketball. It's more continuous than hitting a baseball, The playing of
children is music but the thumping of a basketball is not. Limiting hours is
a problem for her because she personally is the lady of enforcement as it is
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Unapproved Minutes
Parks, Recreation and Natural Resources
Monday, August 18,1997
and she has to enforce the hours. Regarding the resident whose neighbor has
a basket, it's only one family using it. On a public court there are many
families. During the last couple of weeks it has been quiet. It starts in April
and it usually falls off by mid summer, The noise really is insufferable.
McNee commented they have already invested in a privacy fence that failed
to soften the noise of the thumping. They would be interested in discussing
financing the removal of the court. He would wants a compromise to this
problem.
Quh said they had no idea that the thumping would be a problem and that's
why they bought their house. They weren't concerned about the regular
noise of a playground. Again, they were the first owners and there were not
that many children around when they bought their home.
'.-
Comeille asked ifthey consulted with anybody on what kind of fence to put
in. Quinn said they just bought a fence. They did have it approved by the
development. It's a solid privacy fence.
Koenig inquired about installing something in the windows to keep the noise
out. Quinn said you can't dampen the noise with the windows open. She did
not want to have to close her windows on nice days.
Brown stated he spoke to a builder who recommended triple glass windows
or all weather glass windows. The drapery people said they do have some
lined drapes which might soften the noise.
Hilgeman would not support either a half court or moving the court for the
simple reason that the park needs the basketball facility in order to make it
the park it was meant to be. She does not believe in reducing what they
already have in any park. Any type of discussion from the Commission to
the City Council would involve a plan to fix the backboard and limiting the
hours according to stafls recommendation. She supported some natural
screening because it would increase the aesthetic value of that park as well
as provide some type of sound reduction to those people. She also noted the
Parks Commission has nothing to do with stop signs.
Lambert said they will investigate the need for repair on the one backboard.
If it's just a backboard it would cost about $300 to $400. The Highway
Department used to use lots of vegetation to reduce noise and found that
6
Unapproved Minutes
Parks, Recreation and Natural Resources
Monday, August 18,1997
.
vegetation does have some impact on the high pitched noise but lower
pitched, like the thumping of a basketball, it has very little impact at all. He
does not want to lead this family to believe that a couple of trees will have
an impact on the noise.
Brown inquired about other complaints concerning this one person. Lambert
said one. One person was causing some problems and he went to his home
and spoke to him personally and to hi9 mother as well. Quinn commented
she called the police twice last weekend on that same person.
Stolar asked if there have been requests anywhere else for hour limitations
because the recommendation is to change the ordinance overall to give the
Director that authority to set hours. If there are other complaints or other
needs besides this instance, he would like to take that into consideration.
Lambert said he has not received any other requests. This will give the
Director the ability to handle situations like this without all of this in the
fbture. He is not a proponent of giving staff a lot of latitude in limiting the
use of park fkilities but there also should be some provision in the ordinance
to address the needs of particular facilities that may cause problems. City
staff do not recommend making ordinances for specific’situations.
Stolar was in favor of giving the Commission the responsibility for that type
of limitation based on the Director’s recommendation.
Koenig said if the Commission recommended a change in hours, she would
encourage enforcement of the park rangers so the McNees don’t have to be
the cop in the neighborhood.
Rick Anderson suggested a study be done to get a real number of times the
court is utilized. He also suggested the hours be from sunup to sundown like
Hennepin Parks do and put a gate down there for when the park is closed.
MOTION: Wilson moved, seconded by Hilgeman, to recommend that staff
fix the backboard and that hours on the court be limited to 8:OO a.m. to 8:OO
p.m. and ask the City to give the Director some authority on changing the
hours. The ordinance would allow the Director to make recommendations
to the Parks Commission to change hours on recreation facilities. Motion
. carried 7-0.
B. Letter from Jeff Strate Re: Concerns About Water Oualities at Round
7
9
PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
May 5,2003
Page 2
B.
.-
Mackay asked that Lambert briefly explain a We estate. Lambert responded that how a life
estate works depends on how the contract is drafted. The person is allowed to live on the
property until that is no longer possible. When that occurs, the property becomes the property
of the City. The terms of the life estate will vary taking into consideration payment of taxes,
maintenance and care, etc. The purchase price may also be based on how long the person will
reside in the home and on the appraisal. Mackay asked ifthey take into consideration the
value of the land. Lambert said it is based mostly on the land only since both homes on the
two lots would be removed.
Motion: Schaepe moved, Gerst seconded, to recommend the City Council authorize staffto
obtain an appraisal of the Schuldhiess property and negotiate a life estate purchase based on a
City appraisal. The motion carried, 7-0.
Franlo Park Nebhborhood Petition
Fox reported that the City received a petition fiom neighbors of Franlo Park requesting that
the hours of use for the basketball court be extended from 8:OO p.m. to 1O:OO p.m. Fox
explained the hours were established in 1997 when a similar petition was received from the
adjacent property owner. The property owner was concerned about the noise fi-om the
basketball court. City staff did measure the court and found that it is only 22 feet from the
property line. Staffis now recommending that they move the court back to 30 feet, which is
the zoning requirement for an accessory structure. This would require taking 8 feet off of the
court and making it a single-basket facility. Fox pointed out that the petition was included in
the Commission’s agenda material and was signed by 13 1 residents.
Pat Peterson, 10308 Franlo Road, explained that the reason the residents want the hours
extended is because they want their children to be able to play at this facility rather than go to ,
a facility where they would be allowed to play later. The children in the neighborhood are
older and do not go to bed at 8:OO p.m. Peterson stated that the summer in Minnesota is a
short season and the restricted hours do not allow the kids to play in the park for any length of
time. Peterson said shortening the court and eliminating a hoop is not a valid solution for
them. The reason they want to use this court is because of the two hoops which allows the
kids to play a game. A lot of the residents have single-hoops in their driveways. Peterson said
it is also inefficient use of the Police Department’s time to have them continually monitor the
use of this park after hours.
Randy Brewer, 1048 1 Misty Morning Lane, explained that playing basketball on a kll court is
h. The kids in the neighborhood want to play until 8:30 or 900 p.m. They want to be able
to use the park like they do for soccer and baseball. The summeris very short and he
questioned the harm in allowing these kids to play basketball until 9:00 p.m.
Pamela Bohlig, 10309 Franlo Road, explained that she lives in the other house that backs up
to the basketball court and she has never found the activity on the court a problem. She
explained that when a petition was submitted in 1997 there was an issue with one teen-age kid
I76
PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
May 5,2003
Page 3
that would come to the court and play his radio loudly. That individual is no longer a problem.
Barrett said staffhad received a letter &om Allen McNee and he indicated that they do have a
problem with the bad language used at that court. Bohlig responded that there was one
incident last summer and she did codiont the kids and told them their language was not
acceptable. Jacobus said the McNee’s appear to have a problem with the basketball court
while the Bohlig’s do not. He asked what Bohlig would suggest they do. Bohlig said the
McNee’s have planted trees along the property line and she would think that would help. She
said she honestly did not know what should be done. She suggested the McNee’s keep their
windows closed on that side of the house. A basketball bouncing is not an offensive sound.
Bohlig said when a person builds their house next to a basketball court they should expect
noise.
Schaepe asked if staff has looked at other locations for this court witbin the park. Lambert
responded that in 1997 they did look at this very closely. Franlo Park is a 20-acre rectangle
park and they had to cram facilities in there to get all of the things they wanted. The main
issue and the reason staffis suggesting they cut off the court is because the people the court is
offensive to have indicated that they will take legal action against the City. The park is zoned
rural and the setback for a structure is 30 feet. This court is only 22 feet from the property line
to the basketball court and the City could legally be forced to cut off the court. The
Commission can recommend that the Council approve a variance for this court, however, staff
would not recommend that.
Brill asked ifthe courts could be multi-use. Lambert responded that they have put hoops in
tennis courts. That would be a last resort. Lambert said before he would recommend that he
would recommend that they remove a tennis court and put in a fbll basketball court. Brill
asked how many fill court basketball courts there are in the City and what is the nearest one
to this park. Fox answered that there are six fU courts in the City with the nearest one over a
mile away fiom Franlo Park. Brill asked if any of the neighbors in attendance objected to
removing a tennis court &om this park. Larson asked ifa tennis court were removed how
soon could this occur and would finding be available. Lambert said ifthe City Council
authorized this it could be done this summer.
c-
Sue Hooker, 10388 Meade Lane, said they use these tennis courts a lot during the summer
and there are nights they have to wait for a court. At 8:05 p.m. the Police arrive and tell them
to get off the courts. She explained that the basketball court was there when the McNee’s
purchased their house. They knew there would be kids playing there.
Tracy Om, 10301 Franlo Road, asked ifthe time restraint includes the tennis courts. The
Police are kicking everyone off all of the facilities and not just the basketball courts. She
suggested that rather than remove a tennis court they provide neighborhood counseling.
Lambert said the only facility with restrictions is the basketball court and staffwould inform
the Police Department of this.
Dave Puelston, 7183 Sunshine Drive, suggested that they relocate the entrance to this park.
PARKS, RECREATION AM) NATURAL RESOURCES COMMISSION
May 5,2003
Page 4
Barrett said he likes rules and he feels they help make decisions. One of the rules is that the
basketball court be set back 30 feet fiom the property line. He asked ifthere is any way they
can pick up 9 feet and keep the other basket. They need to be consistent and he agrees that
they should move back 30 feet fiom the property line. Lambert said they could keep both
baskets but this would result in a smaller court. Barrett said this would be better than having a
single basket. Mackay said he feels they should look at the possibility of eliminating a tennis
court.
Motion: Barrett moved, Schaepe seconded, to go back to the original rules and keep the park
open until 1O:OO p.m. as well as honor the 30 foot setback and to recommend that staff
consider keeping both baskets.
Brill said he feels they are compromising to do something that is not in the best interest of
anyone. They will have a basketball hoop but it is not an official basketball court and he does
not feel this is in the best interest of the neighborhood and this facility will not be as popular as
it has been. Schaepe pointed out that the compromise will result in a shorter basketball court
but would provide them with a fidl court. Brill said he would like to see a proposal for a
redesigned basketball court.
Vote was called on the motion with all members present voting aye except Brill who voted
nay. The motion carried, 7-1.
Motion: Schaepe moved, seconded by Mackay, to direct staffto investigate turning one of
the tennis courts into a basketball court.
mr
Mackay stated that should it be determined that a tennis court be removed they would not
have to worry about eliminating a basket or having a shortened court.
Vote was called on the motion with all members present voting aye. The motion carried, 8-0.
V. OLDBUSINESS
A. Off-Leash Dog Exercise Area Plan Review (continued from ADril7.2003)
1. Cedar Hills Park Site
2. Flying Cloud Site
3. Hockey Rink Sites
a. Crestwood Park
' b. HomewardHillsPark
c. Nesbitt Preserve Park
d. Edenvale Park
I78
UNAPPROVED i34XWTES
PARKS, RECREATION AND NA- RESOURCES COMMISSION
MONDAY, JUNE 2,2003
COMMISSION MEMBERS:
COMMISSION STAFF:
7:OO P.M. City Center
8080 Mitchell Road
Heritage Room III
Rob Barrett, Chair; Jeffrey Gerst, Vice
Chair; John Brill, Tom Crab, Randy
Jacobus, David Larson, Ian MacKay,
Bruce Schaepe, Trisha Swanson
Bob Lambert, Director, Parks and
Recreation Services; Laurie Obiazor,
Manager of Recreation Services;
Stu Fox, Manager of Natural Resources;
Peggy Rasmussen, Recording Secretary
\
I. ROLL CALL
Chair Barrett called the meeting to order at 7:OO p.m. Commissioner Jacobus was
excused.
II. APPROVAL OF AGENDA
Swanson added her departure fiom the Commission. Barrett added a report on the Cedar
Hills Plan, under VII. A. “Reports of Staff.” ..-
MOTION: Larson moved, seconded by Gerst, to approve the agenda as amended.
Motion carried 7-0.
III. APPROVAL OF MINUTES - Mav 5,2003
Schaepe made two corrections to the last paragraph on page 6. The word “pervious” in
the first line should be “previous”, and Rawerts name was misspelled in the last sentence.
MOTION: Schaepe moved, seconded by Larson, to approve the minutes of the Parks,
Recreation and Natural Resources Commission, held on May 5, 2003, as amended.
Motion carried 7-0.
N. PETITIONS, REOUESTS AND COMMlITNICATION
V. ’OLD BUSINESS
Lambert stated that at the last Commission meeting, there were two motions passed with
regard to the basketball court. One was to change the hours back to the original time of
closing at 1O:OO pm., keep both basketball hoops, if feasible, and honor the %foot
PARKS, RECREXTION AND NATURAL RESOURCES COMMISSION MINUTES
June 2,2003
Page 2
setback fiom the property line. The second motion was to have staff to look at other
options to accommodate a full-size basketball court, and to consider eliminating one of
the tennis courts.
Staff decided not to eliminate one of the tennis courts. Instead, staff recommended
removing eight feet of the court space along the south property line, so that the court
meets the required setback for a rural zone, and rotating the court 90 degrees. If the
basketball court were rotated east-to-west, the required space can be kept for a full-size
court with the same dimensions. Lambert said that moving the court eight feet north
won’t solve any noise issues but it does address; the legal requirements regarding
recreation structures being 30 feet fiom the side of the property.
Lambert said he has received mostly negative feedback on the above recommendation.
The City received a letter fiom Charles and Joan Stone, residents at 10329 Franlo Road,
stating they were not impressed with the petition having five-to-seven names of adults in
some households. In addition, they didn’t believe the City was addressing the needs of
the neighborhood with its recommendation.
Lambert discussed this matter with the McNee’s attorney, who suggested looking at the
option of moving the basketball court to a different location in the park. Lambert looked
at several locations. There is room east of, and toward the north end of, the tennis courts.
The problem with that option is it would move the basketball court near people who did
not expect to have one there and would be about 60 feet fiom their property line rather
than 30 feet ftom the existing line. This park was in place five years before any homes
were built. Lambert pointed out that parks generate noise. It is unfortunate that
Lr basketball noise bothers the neighbors closest to the court. The only feasible options
would be to eliminate the basketball court or tun;l.it in an east-west direction.
Swanson asked if the basketball court had always been there. Lambert said it had.
Pat Peterson, 10308 Franlo Road, said, in response to the letter fiom the Stones, she
believed only adults signed the petitions. There are as many as three adults per
household if they have a child 18 years or older living there.
Barrett asked if the cost of work on the basketball court would be $5,000-$6,000.
Lambert said that was correct. Among other things, they will be installing acrylic plastic
backboards, and he believed the basketballs would make less noise hitting them.
MacKay asked if the court could just be moved back farther fiom the property line.
Lambert replied that could not be done, because it is as close to the access road as we can
safely move the court.
Barrett asked if there would be room for a basketball court between the softball diamond
and the soccer field. Lambert said it would require major grading, tree removal and
would be in the foul ball zone of the softball field.
Swanson asked if staff was not able to reach any agreement with the homeowner.
Lambert replied the homeowner would prefer to keep the closing time to 8:OO p.m. The
PARKS, REmmON AND NATURAL RESOURaS COMMISSION MIMSTES
June 2,2003
Page 3
eight-foot additional setback from the property line will not solve the noise problem, but
it has to be done to meet legal setback requirements.
Schaepe said he had a couple of ideas. He wondered if the basketball court could be
located farther east of the tennis courts than previously discussed. Lambert said that is a
possibility; however, the terrain is such that retaining walls would be needed and the
court would only be a few feet further away fiom people who did not expect to live next
to a court. Schaepe wondered if the court could be moved closer to the street on the west.
Even though a fence would probably have to be put up between’the court and the street,
noise would be less of an issue for the neighbors. Lambert replied that would put the
court within the required setback f?om Franlo Road. Fox added there is a 50-foot setback
required fi-om the right of way. Lambert said eliminating some parking had beeris
suggested but the park is short of parking spaces already.
Randy Brewer said he would like to address the fact that the notice he received from the
City inviting him to attend the meeting in 1997 did not mention the change of time for the
basketball court. Lambert replied that is true; however, a number of people at the
meeting wanted to change the court hours to 8:OO a.m. until 1O:OO p.m. so that was the
recommendation of the Commission.
Gerst asked the audience if they would rather have the full-size court in an east-west
configuration than just having one basket to use. An unidentified lady replied yes, she
would rather have the full-size court. She suggested planting some spruce trees to give
some visual and sound barriers for the neighbors. Lambert responded that there is
already a privacy wall. Any kind of landscaping would help to improve privacy, but the
noise issue would not be significantly improved. .--
Schaepe suggested building a berm. Lambert replied a sound barrier would require a
berm at least eight feet high. There is not room for that high a berm in 30 feet. It would
probably be better to put in a highway noise wall than a berm that high.
Barrett said he believed as many people as possible would be pleased by a decision to
rotate the basketball court 90 degrees.
Casey Quinn, 103 17 Franlo Road, stated that when they bought their house they thought
a park was a good thing, until they realized the sound of the bouncing basketball can be
heard in their bedrooms, as do the sounds of voices and cars, some of which have loud
music playing. With the closing time being extended, she encouraged the City to have
police on hand at 1O:OO p.m., in case anyone uses the court beyond the posted hours.
Everyone ignores the closing time now, and if they stay too late, she calls the police. On
the previous night people were playing until 9:15 p.m. Her neighbors believe she is the
one who always calls them, but that is not the case. Ms. Quinn asked the Commission to
please move the basketball court to a location that satisfies everyone. Money should not
be an issue; they have paid their taxes. She said they want a nice park facility and peace
in their home.
Lambert pointed out the Commission already approved changing the hours at the court is
to open fiom to 6:OO a.m. to 1O:OO p.m. at the last meeting, unless they want to rescind
PARKS, RECREATION AND NATURAL RESOURCES COMMfSSION mS
June 2,2003
Page 4
that motion. Bmett said if they align the hours at Franlo with the hours at other parks in
the City, they would be open 6:OO am. to 1O:OO p.m.
Schaepe asked if staf€ had decided that taking out one of de tennis courts would not
solve anything. Lambert replied that is correct, and it would also create additional
problems because the tennis players say they are already waiting to use the courts.
Money has never been an issue in trying to solve this problem. The question is whether
there is another place in this park for the basketball court that would solve the issue of
noise. However it would then be in front of someone's house that didn't expect it to be
there. Lambert advised the Commission to either eliminate the basketball court or rotate
it 90 degrees.
MacKay asked if moving the basketball court between the easternmost parking area and
the soccer field would work. Barrett replied he walked the area and didn't believe it
would fit in there.
MOTION: Gerst moved, seconded by MacKay, to cut eight feet off the basketball court
and change its rotation to an east-west alignment. Motion carried 7-1, with Schaepe
voting nay.
VI. NEWBUSINESS
VII. REPORTS OF STAFF
A. Director of Parks and Recreation Services
1.
Lr
Review of 2002 Annual Report
Lambert referenced the report Commissioners received in their packet of
information. It is a workg document for City staff. When people ask
questions about the parks, when a park was built, or what programs the
City offers, the answers are in this document. It provides a summary of
the accomplishments of the various divisions within the department, park
use information, a copy of the Six Year CIP, etc. In terms of expenditures,
it has information on what was done last year and plans for next year. In
addition to the Commissioners, City Council members and staff receive
copies. The Commissioners were not asked to take any action.
MacKay asked if the City has an ongoing responsibility for the Pleasant
View Cemetery. Lambert replied that it has. The cemetery had been
operated by a cemetery association until 15 years ago. Because no one
wanted to take it over, the association followed their bylaws regarding
disposal and asked if the City wanted to assume responsibility for it,
which the City Council decided to do. A staff person is assigned to sell
plots and maintain the cemetery. The interest on money in the fund pays
for its maintenance.
CITY COUNCIL AGENDA
SECTION: Reports
I DEPARTMENTDINISION: I ITEM DESCRIPTION:
DATE:
June 17,2003
I ITEMNO.:
Management and Budget 2002 Comprehensive Annual Financial Report
Don Uram, Director giQ ICl\,
Requested Action:
Move to: Accept the 2002 Comprehensive Annual Financial Report (CAFR).
Synopsis
Minnesota statutes require that by June 30 of each year, the City prepare a financial report for
activities of the previous year. This accounting report will be forwarded to the State by that
deadline.
Preparation of the report is largely the work of the Finance Department. The report is prepared
with review by the independent auditing firm of Kern, DeWenter, Viere, Ltd.
Steve Wischmann, Partner in the accounting firm will make a presentation of the financial report. In
general, the City’s financial conditions and control procedures are sound.
Attachment
2002 CAFR
Management Letter
CITY COUNCIL AGENDA
DEPARTMENT: ITEM DESCRIPTION: I.C. 01-5543
Requested Action
Move to: Approve resolution awarding construction contract for I.C. 01-5543 (TH 212
Reconstruction at Bryant Lake Drive and Valley View Road) to Bituminous
Roadways, Inc.
Synopsis
Sealed bids were received Thursday June 12,2003 for this project. Two (2) bids were received
and are summarized in the consultant recommendation letter. The low bid in the amount of
$2,018,292.95 was submitted by Bituminous Roadways, Inc., is $419,967.83 (26%) above the
Engineer’s Estimate. Staff has reviewed the bids and discussed potential reasons for the low bid
being 26% higher than the Engineer’s Estimate. Based on this review, we believe the bids are
reasonable and indicative of the size, complexity and schedule of this project.
Therefore, staff recommends awarding the contract for the project to Bituminous Roadways, hc.
in the amount of $2,018,292.95.
Background Information
The TH 212 / Valley View Road Interchange Area Improvement Project includes double left turn
lanes fiom Bryant Lake Drive to Valley View Road, a trail along Bryzint Lake Drive and
replacement of the watermain that has been a continuing maintenance problem. The plans and
specifications for the project were approved at the April 15th City Council meeting.
Financial Implications
The low bid for the project is $2,018,292.95. Through previously approved agreements
Mn/DOT has allocated $982,963 to the construction of the project and Hennepin County has
allocated $130,000 to the construction of the project. The remaining construction costs
($905,329.95) are the responsibility of the City and will be paid &om the Construction and
Utility funds.
Attachments
Consultant’s recommendation letter.
Summary of Bids
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ACCEPTING BID
TH 212 RECONSTRUCTION AT BRYANT LAKE DRIVE
AND VALLEY VIEW ROAD (CSAH 39)
I.C. 01-5543
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 01-5543: TH 212 Reconstruction at Bryant Lake Drive and
Valley View Road (CSAH 39)
bids were received, opened and tabulated according to law. .Those bids received are shown on the
attached Summary of Bids; and \.
WHEREAS, the City Engineer recommends award of Conwact to
Bituminous Roadways, Inc.
as the lowest responsible bidder. :,
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract with
Bituminous Roadways, Inc. in the name of the City of Eden Prairie in the amount of
$2,018,292.95 in accordance with the plans and specifications thereof approved by the
Council and on file in the office. of the City Engineer.
ADOPTED by the Eden Prairie City CQuncil on June 17,2003.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk, City Clerk
Y
*
~
Butler Square Building, 100 North 6hStreet Suite 71K, Minneapolis, MN 55403 866.830.3388 612758.6700 612.758.6701 FAX
June 13,2003
hh. Alan Gray
City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE. Eden Prairie, Minnesota
T.H. 212 Reconstruction at Bryant Lake
Drive and Valley View Road (CSAH 39)
Bid Recommendation and Tabulation
SEH NO. A-EDENPO203.00 14.00
Dear Mr. Gray:
On June 12*, 2003, bids were received for the T.H. 212 Reconstruction at Bryant Lake Drive and Valley
View Road (CSAH 39) project.
Enclosed is the bid tabulation, including the two bids that were received for the project. Bids were received
fiom two bidders and the bids ranged from $2,018,292.95 to $2,096,804.17, with the low bid submitted by
Bituminous Roadways, Inc. The Engineer’s Estimate developed for this project based on recent unit prices
was calculated at $1,598,325.12.
We have discussed several reasons for the low bid being 25% higher than the computed Engineer’s Estimate.
These factors vary from the complexity of the project, to the tight timefiame for completion. One of the
most significant differences in prices was related to the light-weight cellular concrete fill. Although the
contractor’s unit price did not deviate significantly from the Engineer’s Estimate, the quantity of material
multiplied by the slight increase in unit cost led to an overall $85,000 increase in price.
Although the two bids received were fairly competitive, (less than $80,000 separating the two bidders) the
small number of bids may be indicative of the bidding climate at this time. Our research has indicated that
many contractors are relatively busy right now and may not be apt to initiating additional work at this time,
given the timeframe outlined in the specifications.
Upon further review of the bid tabulation, we have found some minor inaccuracies in the bids. These minor
addition errors have been corrected and we have found Bituminous Roadways, Inc. remains the low bidder
on the project. The corrected values have been identified in yellow on the bid tabulation.
Based upon our review and discussion, it is our recommendation that the contractor’s low bid is reasonable
for the work identified in the plans and specifications. We recommend the City of Eden Prairie award the
contract to Bituminous Roadways, Inc. in the amount of $2,018,292.95.
As always, if you have any questions regarding the bids, bid tabulation, or project in general, please do not
hesitate to contact me at 612.758.6805.
. ManGray
June 13,2003
Page 2
SHORT ELLIOTT HENDNESON, INC.
Sincerely,
Jason P. Sprague, P.E.
Project Manager
Attachment
c: Randy Newton, City of Eden Prairie
Dave Halter, SEH
Scott McBride, SEH
SUMMARY OF BIDS
TH 212 RECONSTRUCTION AT BRYANT LAKE DRlTE
AND VALLEY VlEW ROAD (CSAH 39)
I.C. 01-5543
BIDDER AMOUNT
Bituminous Roadways, Inc. $2,018,292.95
Midwest Asphalt Corporation $2,096,804.17