HomeMy WebLinkAbout9C - Water-Oriented Structures
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
SEPTEMBER 3, 2002
9C
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF: (1) A RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR
MONITORING AND MAINTENANCE PLAN FOR PRIOR
LAKE BAPTIST CHURCH; AND (2) A RESOLUTION
AUTHORIZING THE EXECUTION OF A DEVELOPMENT
CONTRACT FOR THE OVERSIZING OF W ATERMAIN FOR
PRIOR LAKE BAPTIST CHURCH
History: The purpose ofthis agenda item is to consider approval of
two separate agreements with Prior Lake Baptist Church, which will
ultimately allow the construction of an addition to the existing church
and school on the property located at 5690 Credit River Road. The
Council is asked to consider the following:
. An Agreement for the construction, monitoring and maintenance of
a storm water management infiltration storage system on the Prior
Lake Baptist Church property;
. A Development Contract for oversizing of the watermain on this
property.
The Prior Lake Baptist Church has filed an application for approval of
a site plan to allow an addition to the existing church and school on the
property located at 5690 Credit River Road. The property is zoned R-
1 (Low to Medium Density Residential); churches and schools are a
permitted use in the district. There is no platting involved in this
request.
Current Circumstances: The staff reviewed the proposed site plan
and determined the site is located within the Markley Lake watershed.
In order to ensure there is no additional runoff into Markley Lake, the
church will be required to construct a storm water management
system, including an infiltration and storage pond. An agreement for
monitoring and maintaining the infiltration and storage pond is an
integral part of the storm water management system.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
As part of the improvement, the church is also required to extend
watermain to serve the addition. The City has requested that this
watermain be located within the street right-of-way in order to allow
other properties to utilize the service in the future. The City has agreed
to reimburse the church $16,500.00, which is the additional cost of
locating the watermain within the right-of-way.
The Issues: The attached Agreement for Monitoring and Maintenance
Plan outlines the maintenance and monitoring program for the storm
water management system. The agreement also spells out the
responsibilities of the developer in this system.
The attached Development Contract establishes the reimbursement
amount, the required warranties, and other specific information
relating to the watermain.
Conclusion: The Church has received copies of both the agreement
and the development contract and is reviewing these documents. The
City Attorney has also reviewed and approved both documents. Staff
will be available to discuss the details of the agreement and the
development contract with the Council.
Budf!et Impact: Approval ofthis agreement and development contract
will allow the church to construct the proposed addition.
The City Council has three alternatives:
1. Adopt a resolution approving the Agreement for Monitoring and
Maintenance Plan and adopt a resolution approving the
Development Contract for the Oversizing of the Watermain for
Prior Lake Baptist Church.
2. Deny the resolution approving the Agreement for Monitoring and
Maintenance Plan and deny the resolution approving the
Development Contract for the Oversizing of the Watermain for
Prior Lake Baptist Church.
3. Defer this item and provide staffwith specific direction.
Staff recommends Alternative #1. This requires the following
motions:
1. A motion and second to adopt a resolution approving Agreement
for Monitoring and Maintenance Plan for the Prior Lake Baptist
Church, and authorizing the Mayor and City Manager to sign the
Agreement.
2. A motion and second to adopt a resolution approving the
Development Contract for the Oversizing ofWatermain for the
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Page 2
Prior Lake Baptist Church, and authorizing the Mayor and City
Manager to . gn the Development Contract.
REVIEWED BY:
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Page 3
RESOLUTION 02-XX
~INNESO'\~
R LUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE AGREEMENT FOR
MONITORING AND MAINTENANCE PLAN FOR THE PRIOR LAKE BAPTIST CHURCH
MOTION BY:
~
SECOND BY: *~
WHEREAS: The Developer has proposed constructing an addition to the existing Church on
property within a landlocked watershed basin ("basin"); and
WHEREAS: In evaluating the construction of a project within a basin, the City considers the
appropriateness of requiring certain storm water management principles; and
WHEREAS: Infiltration/storage system capacity is an important storm water management
principle; and
WHEREAS: The Developer has submitted a plan for construction of an infiltration/storage
system; and
WHEREAS: The City Council has approved the Agreement for Monitoring and Maintenance
Plan for the Prior Lake Baptist Church.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. The Mayor and City Manager are hereby authorized to execute the Agreement for Monitoring
and Maintenance Plan for the Prior Lake Baptist Church on behalf of the City.
Passed and adopted this 3rd day of September, 2002.
YES NO
Haugen Haugen
Gundlach Gundlach
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 02-XX
~INNESO'\'I'>
R OLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE DEVELOPMENT
CONTRACT FOR OVERSIZING OF WATERMAIN FOR THE PRIOR LAKE BAPTIST CHURCH
MOTION BY: ~ SECOND BY: h~
/
WHEREAS: The Prior Lake Baptist Church is proposing to construct an addition to the existing
Church on property legally described in Exhibit A; and
WHEREAS: The Development Contract for Oversizing of Watermain allows the Prior Lake
Baptist Church to install watermain within the City right-of-way; and
WHEREAS: The Development Contract for Oversizing Watermain spells out the City's
obligations and the Prior Lake Baptist Church's obligations in the installation of
the watermain; and
WHEREAS: The City Council has approved the Development Contract for Oversizing
Watermain for the Prior Lake Baptist Church.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. The Mayor and City Manager are hereby authorized to execute the Development Contract for
Oversizing Watermain for the Prior Lake Baptist Church on behalf of the City.
Passed and adopted this 3rd day of September, 2002.
YES NO
Haugen Haugen
Gundlach Gundlach
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
DEVELOPMENT CONTRACT FOR OVERSIZING OF WATER MAIN
PRIOR LAKE BAPTIST CHURCH
THIS CONTRACT is made this 3rd day of September, 2002 by and between the CITY
OF PRIOR LAKE, a Minnesota municipal corporation, organized under the laws of the
State of Minnesota ("CITY") and PRIOR LAKE BAPTIST CHURCH OF PRIOR
LAKE, a Minnesota corporation, organized pursuant to the laws of the State of
Minnesota ("CHURCH").
RECITALS
WHEREAS, to facilitate the orderly development of land the CITY has adopted a
Comprehensive Plan and provided for the location of water distribution systems; and
WHEREAS, the CITY water distribution system is intended to benefit all residents of the
CITY and not solely the CHURCH property; and
WHEREAS, the development of individual properties should provide for the construction
of watermains that are built to sufficient size to serve the individual property and
contribute to meeting the needs of future growth and demand; and
WHEREAS, the CHURCH desires to improve the CHURCH property, and in doing so
construct watermain in the public right-of-way; and
WHEREAS, upon completion, inspection and acceptance by the CITY, the watermain
constructed by the CHURCH will become part of the CITY water distribution system;
and
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WHEREAS, the CITY desires the CHURCH to construct the watermain within the public
right-of-way so it is available to serve other properties; and
WHEREAS, the CITY desires to compensate the CHURCH for the additional cost
incurred to construct the watermain in the requested location.
NOW THEREFORE, based on the mutual promises and covenants set forth herein, the
sufficiency of which is not disputed, the CITY and CHURCH agree as follows:
1. Recitals. The recitals set forth above are incorporated as if fully set forth herein.
2. Purpose. The purpose of this CONTRACT is to set forth the terms and conditions
for the construction ofthe watermain (hereinafter "IMPROVEMENT"). This
CONTRACT describes the CHURCH's responsibility with respect to the method of
construction, the CITY's requirements pertaining to the location of the
IMPROVEMENT, inspectionofthe IMPROVEMENT by the CITY, as-built
drawings, hold harmless and indemnification and CITY reimbursement to the
CHURCH for the additional cost incurred to construct the IMPROVEMENT in the
requested location.
3. Contract Documents. This CONTRACT consists of the following documents
(collectively referred to as "CONTRACT DOCUMENTS"), each of which is
specifically incorporated herein by reference as if fully set forth or attached.
3.1. Site Survey dated July 30,2002, prepared by Probe Engineering Company, Inc.
3.2. Site Plan dated August 23, 2002, prepared by Dennis Batty and Associates
3.3. Plans and specifications dated August 23, 2002, prepared by Dennis Batty and
Associates.
3.4. City Public Works Design Manual.
4. Location. Prior Lake Baptist Church owns the property legally described as shown
on attached Exhibit A. The IMPROVEMENT will be constructed in the right-of-way
as shown on the site plan labeled Exhibit B, incorporated by reference herein.
5. Oversizine. The CHURCH intends to construct an addition to the existing church
and school. The CHURCH must extend watermain ("IMPROVEMENT") to serve
the new addition. The CHURCH and the CITY agree the IMPROVEMENT should
be located within the right-of-way for the benefit of future development and adjacent
properties, just as the CHURCH has benefited from the location of improvements by
previous development. The CHURCH and the CITY agree that the additional costs
incurred as a result oflocating the watermain in the right-of-way is $16,500.00 based
on a cost estimate as determined by (1) estimates provided by the CHURCH to the
CITY and (2) the CITY Assessment Policy. The calculation of the additional costs of
the IMPROVEMENT is set out in attached Exhibit C.
5.1. The CITY shall reimburse the CHURCH for $16,500.00 within thirty (30) days
of acceptance of the IMPROVEMENT by the City Engineer.
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2
5.2. If, in the sole discretion of the City Engineer, it is determined additional work as
a result of the location of the IMPROVEMENT is required and provides written
authorization to the CHURCH to proceed with said additional work, the CITY
shall reimburse the CHURCH for the costs associated with the additional work.
The cost of the additional work shall be agreed on between the CITY and the
CHURCH and set forth in the authorization to proceed with the additional work.
6. Construction of IMPROVEMENT.
6.1. The IMPROVEMENT shall be installed in accordance with the plans and Permit,
described in Paragraph 3, approved and issued by the CITY, and with the CITY
Public Works Design Manual.
6.2. The design of the IMPROVEMENT will not be changed without prior written
approval of the CITY.
7. Street Maintenance. The CHURCH shall be responsible for all street maintenance
until final written acceptance by the CITY of the IMPROVEMENT . Warning signs
and detour signs, if determined necessary by the City Engineer, shall be placed when
hazards develop in streets to prevent the public from traveling on same, and directing
attention to detours. If and when streets become impassible, such streets shall be
barricaded and closed. For the purpose of this paragraph, "street maintenance" does
not include snow plowing or normal sweeping.
8. As-Builts. Upon completion of the IMPROVEMENT and inspection thereof and
prior to acceptance by the CITY or issuance of a Final Certificate of Occupancy for
the addition, the CHURCH shall provide to the CITY a complete set of as-built
elevations in a form prescribed by and acceptable to the City Engineer.
9. License. The CHURCH grants the CITY, its agents, employees, officers and
contractors a non-revocable license to enter upon the property legally described in
Exhibit A to perform all work and inspections deemed appropriate by the CITY in
connection with the construction and maintenance of the IMPROVEMENT.
10. Ownership oflMPROVEMENT. Upon completion of the IMPROVEMENT and
final written acceptance by the City Engineer, the IMPROVEMENT lying with the
public right-of-way and easements shall become CITY property without further
notice or action.
11. Warranty. The CHURCH warrants the IMPROVEMENTS required to be constructed
by it pursuant to this Development Contract against poor material and faulty
workmanship. The warranty period is for two (2) years. The warranty period shall
commence on the date the City Engineer issues written acceptance of the improvement.
Prior to the CITY's issuance of a Final Certificate of Occupancy, the CHURCH shall
provide the CITY with a warranty or maintenance bond, in a form acceptable to the
City Engineer, in the amount of$41,250.00, which number represents one hundred and
twenty-five percent (125%) of the cost of the IMPROVEMENT. The warranty or
maintenance bond shall remain in effect during the warranty period.
12. Insurance. The CHURCH, at its sole cost and expense, shall take out and maintain or
cause to be taken out and maintained, until the expiration of the warranty period on the
IMPROVEMENT, public liability and property damage insurance covering personal
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injury, including death, and claims for property damage which may arise out of
CHURCH's work or the work of its subcontractors or by one directly or indirectly
employed by any of them. Limits for bodily injury and death shall be not less than
$1,000,000 for one person and $2,000,000 for each occurrence; limits for property
damage shall be not less than $500,000 for each occurrence; or a combination single
limit policy of $1,000,000 or mOfe. The City shall be named as an additional insured on
the policy, and the Developer shall file with the City a certificate evidencing coverage
prior to the City signing the Plat. The certificate shall provide that the City must be
given thirty (30) days advance written notice of the cancellation of the insurance. The
Certificate shall be in the form attached hereto as Exhibit D.
13. Prompt Payment to Subcontractors Required. The provisions of Minnesota Statute
Section 471.425, Subd. 4a, attached as Exhibit E, are incorporated by reference as if
fully set forth herein.
14. Indemnification and Hold Harmless. The CHURCH shall indemnify, defend and
hold the CITY, its Council, agents, employees, attorneys and representatives harmless
against and in respect of any and all claims, demands, actions, suits, proceedings, liens,
losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies,
including interest, penalties, and attorneys' fees, that the CITY incurs or suffers, which
arise out of, result from or relate to approval of the plans, issuance of the Permit or any
provision of this CONTRACT. The responsibility to indemnify and hold the CITY
harmless from claims arising out of or resulting from the actions or inactions of the
CITY, its Council, agents, employees, attorneys and representatives does not extend to
any willful or intentional misconduct on the part of any of these individuals.
15. Default. A failure to comply with the plans, Permit Of any of the terms and
conditions of this CONTRACT shall constitute a default of this CONTRACT. In the
event of a default, the CITY shall provide the CHURCH with notice as provided for
in Paragraph 16. The notice shall set forth the nature of the default and the time
within which the CHURCH must cure the default, which shall be not less than 48
hours,except that in the event that the nature of the default is such that, in the sole
judgment of the CITY, it may pose an imminent potential risk to the health, safety Of
welfare to persons or property, the CITY may enter the property legally described in
Exhibit A and perform the required work to cure the default. All costs incurred by the
CITY to cure the default, including administrative costs, shall be the sole responsibility
of the CHURCH.
15.1. The CITY shall invoice the CHURCH for the costs incurred to cure the
default.
15.2. The CHURCH shall pay said invoice within thirty (30) days of receipt
thereof.
15.3. The CHURCH agrees that if CHURCH fails to pay the invoiced amount
within the thirty (30) day period, the CITY may assess the invoiced amount against
the property described in Exhibit A.
16. Notices. Notices to the CHURCH shall be in writing, and shall be either hand
delivered to the CHURCH, its employees or agents, or mailed to the CHURCH by
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certified mail at the following address: Prior Lake Baptist Church, 5690 Credit River
Road, Prior Lake, Minnesota, 55372. Notices to the CITY shall be in writing and
shall be either hand delivered to the CITY Manager, or mailed to the CITY by
certified mail in care of the CITY Manager at the following address: CITY of Prior
Lake, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714.
17. Recordine. The CHURCH shall cause this CONTRACT to be recorded against the
property legally described in Exhibit A within 10 days of the issuance of the Permit.
The CHURCH shall provide evidence of recording to the CITY within 10 days
thereafter.
18. Heirs, Successors And Assh~ns. This CONTRACT shall run with the land legally
described in Exhibit A and shall be binding against all heirs, successors and assignees
of the CHURCH.
18.1. Assienment The CHURCH may not assign this CONTRACT without the
prior written approval of the CITY Council
19. Miscellaneous.
19.1. Severability. In the event any provisions of this Contract shall be held
invalid, illegal, or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other
provision hereof, and the remaining provisions shall not in any way be
affected or impaired thereby.
19.2. Waiver. Failure of either party at any time to require performance of any
provision of this Contract shall not affect its right to require full
performance thereof at any time thereafter and the waiver by either party
of a breach of any such provision shall not be taken or held to be a waiver
of any subsequent breach thereof or as nullifying the effectiveness of such
prOVISIon
19.3. Enforcement of the Contract. Any fees incurred by the CITY associated
with enforcing any of the terms and conditions set forth in this
CONTRACT, including but not limited to CITY staff, engineering and
attorney's fees, shall be the sole responsibility of the CHURCH.
19.4. Third Party Recourse. Third parties shall have no recourse against the
CITY under this CONTRACT.
19.5. Governinf Law. This CONTRACT shall be governed by the laws of the
State of Minnesota. This CONTRACT shall constitute the entire
understanding between the parties and supercedes any prior oral or written
contracts.
Executed by the parties hereto as of the day and date first above written.
CITY OF PRIOR LAKE
PRIOR LAKE BAPTIST CHURCH OF
PRIOR LAKE
By:
By:
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5
Jack G. Haugen, Mayor
Ronald H. Groschel, PastorlPresident
By:
By:
Frank Boyles, City Manager
Tom Lundahl, Secretary
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of
2002, by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior
Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
2002, by
day of
NOTARY PUBLIC
Reviewed as to Form and Execution:
By:
Suesan Lea Pace, City Attorney
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\02files\02siteplan\prior lake baptist\development contract.doc
6
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
That part of the East % of the Southeast Quarter of Section 1, Township 114 North,
Range 22 West, Scott County, Minnesota described as follows:
Commencing at the Southeast comer of said Section 1; thence on an assumed bearing of
North 1 degree 21 minutes 00 seconds West, along the line between the Southeast comer
and the Northeast comer of said Section 1, a distance of 1251.72 feet; thence at right
angles South 88 degrees 39 minutes 00 seconds West a distance of 1875.73 feet; thence
South 86 degrees 11 minutes 30 seconds West a distance of 84.66 feet to the East line of
the West 30.00 feet of the East % of the Southeast Quarter of said Section 1, said point
being the actual point of beginning of the property to be described, thence North 86
degrees 11 minutes 30 seconds East a distance of 514.66 feet, thence bearing south a
distance of 704.31 feetto the centerline of County State Aid Highway No. 12 (County
Road No. 21); thence North 63 degrees 37 minutes 56 seconds West, along the centerline
of said Highway No. 12, a distance of 566.47 feet to the East line of the West 30.00 feet
of the East % of the Southeast Quarter of said Section 1; thence North 0 degrees 49
minutes 11 seconds West, along said East line of the West 30.00 feet of the East % ofthe
Southeast Quarter of said Section 1, a distance of 418.59 feet to the point of beginning.
Subject to County State Aid Highway No. 12 (21) over the southwesterly 33 feet thereof.
1:\02fi1es\02siteplan\prior lake baptist\development contract.doc
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COST ESTIMATE FOR W A TERMAIN
PRIOR LAKE BAPTIST CHURCH
ITEM
UNITS
COST /UNIT
20LF
700 LF
3
3
2
$ 17.001LF
20.001LF
550.00 ea
750.00 ea
1,600.00 ea
lump sum
lump sum
9.00/CY
6" watermain
8" watermain
6" Valves
8" Valves
6" Hydrants
Fittings
Wet Tap
Gravel 300 CY
ESTIMATED CONSTRUCTION COST
Contingencies
Engineering, legal fees
TOTAL ESTIMATED PROJECT COST
ESTIMATED COST
$340
14,000
1,650
2,250
3,200
1,000
2,000
2.700
27,140
2.710
3150
$33,000
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EXHIBIT D
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDITIONAL INSURED: City of Prior Lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
( ) Claims Made
( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$1,000,000 for one person
$2,000,000 for each occurrence
Property Damage:
$500,000 for each occurrence
-OR-
Combination Single Limit Policy
$1,000,000 or more
COVERAGE PROVIDED:
Operations of Contractor: YES
1:\02files\02siteplan\prior lake baptist\development contract.doc
18
Operations of Sub-Contractor (Contingent): m
Does Personal Injury Include Claims Related to Employment? m
Completed OperationslProducts: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Expiration Date:
Effective Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$1,000,000 each person $2,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY
DAMAGE ON ANY OF THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30)
DAYS WRITIEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS
ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
1:\02fi1es\02siteplan\prior lake baptist\development contract.doc
19
EXHIBIT E
MITNNESOTASTATUTES
471.425 Prompt payment of local government bills.
Subdivision 1. Definitions. For the purposes of this section, the following terms have
the meanings here given them.
(a) "Contract" means any written legal document or documents signed by both parties in
which the terms and conditions of any interest or other penalty for late payments are clearly
stated.
(b) "Date of receipt" means the completed delivery of the goods or services or the
satisfactory installation, assembly or specified portion thereof, or the receipt of the invoice for the
delivery of the goods or services, whichever is later.
(c) "Governing board" means the elected or appointed board of the municipality and
includes, but is not limited to, city councils, town boards and county boards.
(d) "Municipality" means any home rule charter or statutory city, county, town, school
district, political subdivision or agency of local government. "Municipality" means the
metropolitan councilor any board or agency created under chapter 473.
Subd. 2. Payment required. A municipality must pay each vendor obligation according
to the terms of the contract or, if no contract terms apply, within the standard payment period
unless the municipality in good faith disputes the obligation. Standard payment period is defined
as follows:
(a) For municipalities who have governing boards which have regularly scheduled
meetings at least once a month, the standard payment period is defined as within 35 days of the
date of receipt.
(b) For municipalities whose governing boards do not regularly meet at least once a
month, the standard payment period is defined as 45 days after receipt of the goods or services or
the invoice for the goods or services, whichever is later.
(c) For joint powers organizations organized under section 471.59, the standard payment
period is within 45 days of the date of receipt.
Subd. 3. Invoice errors. If an invoice is incorrect, defective or otherwise improper, the
municipality must notify the vendor within ten days of the date of receipt. Upon receiving a
corrected invoice from the vendor, the municipality must pay the obligation within the standard
payment period defined in subdivision 2.
Subd. 4. Payment of interest on late payments required.
(a) Except otherwise provided in this section, a municipality shall calculate and pay
interest to a vendor if the municipality has not paid the obligation according to the terms of the
contract or, ifno contract terms apply, within the standard payment period as defined in
subdivision 2. The standard payment period for a negotiated contract or agreement between a
vendor and a municipality which requires an audit by the municipality before acceptance and
payment of the vendor's invoice shall not be begun until the completion of the audit by the
municipality.
(b) The rate of interest calculated and paid by the municipality on the outstanding balance
of the obligation not paid according to the terms of the contract or during the standard payment
period shall be 1-1/2 percent per month or part of a month.
1:\02files\02siteplan\prior lake baptist\development contract.doc
20
(c) No interest penalties may accrue against a purchaser who delays payment of a vendor
obligation due to a good faith dispute with the vendor regarding the fitness of the product or
service, contract compliance, or any defect, error or omission related thereto. If such delay
undertaken by the municipality is not in good faith, the vendor may recover costs and attorney's
fees.
(d) The minimum monthly interest penalty payment that a municipality shall calculate
and pay a vendor for the unpaid balance for anyone overdue bill of $100 or more is $10. For
unpaid balances of less than $100, the municipality shall calculate and pay the actual interest
penalty due the vendor.
Subd. 4a. Prompt payment to subcontractors. Each contract of a municipality must
require the prime contractor to pay any subcontractor within ten days of the prime contractor's
receipt of payment from the municipality for undisputed services provided by the subcontractor.
The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any
part of a month to the subcontractor on any undisputed amount not paid on time to the
subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100 or
more is $10. For an unpaid balance ofless than $100, the prime contractor shall pay the actual
penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from a prime contractor must be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
Subd.5. Applicability. This section applies to all goods, leases and rents, and contracts
for services, construction, repair and remodeling. Purchases from or contracts for service with a
public utility as defined in section 216B.02 or a telephone company as defined in section 237.0 I
that has on file with the public utilities commission an approved practice regarding late fees are
not subject to this section.
1:\02files\02sitep1an\prior lake baptist\development contract.doc
21
AGREEMENT FOR MONITORING AND MAINTENANCE PLAN
FOR PRIOR LAKE BAPTIST CHURCH
THIS AGREEMENT is made this 3rd day of September, 2002 by and between the CITY
OF PRIOR LAKE, a Minnesota municipal corporation, organized under the laws of the
State of Minnesota ("CITY") and PRIOR LAKE BAPTIST CHURCH OF PRIOR
LAKE, a Minnesota corporation, organized pursuant to the laws of the State of
Minnesota ("CHURCH").
RECITALS
WHEREAS, the CHURCH has proposed constructing a classroom addition on property
within a landlocked watershed basin ("BASIN"); and
WHEREAS, in evaluating the construction of a project within a BASIN, the CITY
considers the appropriateness of requiring certain storm water management principles;
WHEREAS, infiltration/storage system capacity is an important storm water management
principle;
WHEREAS, the CHURCH has submitted a plan for construction of an infiltration/storage
system.
NOW THEREFORE, based on the mutual promises and covenants set forth herein, the
sufficiency of which is not disputed, the parties hereto agree as follows:
1:\02fi1es\02siteplan\prior lake baptist\monitor agreement.doc
1. Purpose. The purpose of this AGREEMENT is to set forth the terms and conditions
for the construction, monitoring and maintenance of an infiltration of a storm water
management infiltration storage system ("SYSTEM").
2. Recitals. The recitals set forth above are incorporated as if fully set forth herein.
3. Description ofthe Project. The CHURCH is constructing a classroom addition to
the existing building on land legally described in Exhibit A. Exhibit A is
incorporated herein as if fully set forth. In connection with the construction of the
classroom addition, the CHURCH is required to construct a storm water management
infiltration storage system.
4. Storm water Manaeement Infiltration Storaee System.
4.1. The SYSTEM will be constructed in accordance with the plans and Permit,
approved and issued by the CITY. Said plans and Permit are attached as Exhibit
"B" to this AGREEMENT. Exhibit B is incorporated herein as if fully set forth.
4.2. The design of the SYSTEM will not be changed without prior written approval of
the CITY.
5. Maintenance of SYSTEM.
5.1. The CHURCH is solely responsible for the maintenance of the SYSTEM to
ensure that the SYSTEM continues to provide adequate infiltration capacity for
the future. For the purposes of this AGREEMENT, "adequate infiltration
capacity" means storage capacity to accomm04ate at least all run-off from a one-
year, twenty-four hour rainfall event and the capacity to infiltrate all run-off from
the one-year run-off event within seventy-two hours.
5.2. Maintenance shall comply with a maintenance plan prepared by a professional
engineer, registered in the State of Minnesota. The plan shall include, but is not
limited to, cleaning, repairing and any other work deemed necessary to ensure
the proper function of the SYSTEM. A copy of the maintenance plan shall be
provided to the CITY.
6. Monitorine.
6.1. The CHURCH must implement a monitoring program to demonstrate that the
SYSTEM continues to provide adequate storage and infiltration capacity.
6.2. The CHURCH shall record the water levels in the infiltration basin once daily
(Monday through Friday) for the month of June. The CHURCH shall check the
volume of the basins on June 30th of each year. The records shall be submitted to
the City no later than November 1 st of each year.
7. Default. A failure to comply with the plans, Permit or any of the terms and
conditions of this AGREEMENT shall constitute a default of this AGREEMENT. In
the event of a default, the CITY shall provide the CHURCH with notice as provided
for in Paragraph 8. The notice shall set forth the nature of the default and the time
within which the CHURCH must cure the default, which shall be not less than 48
hours, except that in the event that the nature of the default is such that, in the sole
judgment of the CITY, it may pose an imminent potential risk to the health, safety or
1:\02fi1es\02siteplan\prior lake baptist\monitor agreement.doc
2
welfare to persons or property, the CITY may enter the property legally described in
Exhibit A and perform the required work to cure the default. All costs incurred by the
CITY to cure the default, including administrative costs, shall be the sole responsibility
of the CHURCH.
7.1. The CITY shall invoice the CHURCH for the costs incurred to cure the default.
7.2. The CHURCH shall pay said invoice within thirty (30) days of receipt thereof.
7.3. The CHURCH agrees that if CHURCH fails to pay the invoiced amount within the
thirty (30) day period, the CITY may assess the invoiced amount against the
property described in Exhibit A.
8. Notices. Required Notices to the CHURCH shall be in writing, and shall be either
hand delivered to the CHURCH, its employees or agents, or mailed to the CHURCH
by certified mail at the following address: Prior Lake Baptist Church, 5690 Credit
River Road, Prior Lake, Minnesota, 55372. Notices to the CITY shall be in writing
and shall be either hand delivered to the CITY Manager, or mailed to the CITY by
certified mail in care of the CITY Manager at the following address: CITY of Prior
Lake, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714.
9. License. The CHURCH grants the CITY a non-revocable license to enter upon the
property legally described in Exhibit A for the sole purpose of curing any default or
to prevent against any imminent potential threat to the health, safety or welfare of
persons or properly.
10. Indemnification and Hold Harmless. The CHURCH shall indemnify, defend and
hold the CITY, its Council, agents, employees, attorneys and representatives harmless
against and in respect of any and all claims, demands, actions, suits, proceedings, liens,
losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies,
including interest, penalties, and attomeys' fees, that the CITY incurs or suffers, which
arise out of, result from or relate to approval of the plans, issuance of the Permit or any
provision of this AGREEMENT. The responsibility to indemnify and hold the CITY
harmless from claims arising out of or resulting from the actions or inactions of the
CITY, its Council, agent$, employees, and representatives does not extend to any willful
or intentional misconduct on the part of any of these individuals.
11. Recording. The CHURCH shall cause this AGREEMENT to be recorded against the
property legally described in Exhibit A within 10 days of the issuance of the Permit.
The CHURCH shall provide evidence of recording to the CITY within 10 days
thereafter.
12. Heirs, Successors And Assigns. This AGREEMENT shall run with the land legally
described in Exhibit A and shall be binding against all heirs, successors and assignees
of the CHURCH.
12.1. Assignment The CHURCH may not assign this AGREEMENT without the
prior written approval of the CITY Council
13. Miscellaneous.
13.1. Severability. In the event any provisions of this Contract shall be held
invalid, illegal, or unenforceable by any court of competent jurisdiction,
1:\02files\02siteplan\prior lake baptist\monitor agreement.doc
3
such holding shall not invalidate or render unenforceable any other
provision hereof, and the remaining provisions shall not in any way be
affected or impaired thereby.
13.2. Waiver. Failure of either party at any time to require performance of any
provision of this Contract shall not affect its right to require full
performance thereof at any time thereafter and the waiver by either party
of a breach of any such provision shall not be taken or held to be a waiver
of any subsequent breach thereof or as nullifying the effectiveness of such
prOVISIOn
13.3. Enforcement of the Ae:reement. Any fees incurred by the CITY
associated with enforcing any of the terms and conditions set forth in this
AGREEMENT, including but not limited to CITY staff, engineering and
attorney's fees, shall be the sole responsibility of the CHURCH.
13.4. Governing Law. This AGREEMENT shall be governed by the laws of the
State of Minnesota.
Executed by the parties hereto as of the day and date first above written.
CITY OF PRIOR LAKE
By:
PRIOR LAKE BAPTIST CHURCH OF
PRIOR LAKE
By:
Jack G. Haugen, Mayor
Ronald H. Groschel, Pastor/President
By:
By:
Tom Lundahl, Secretary
Frank. Boyles, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTI )
The foregoing instrument was acknowledged before me this _ day of
2002, by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior
Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF )
1:\02files\02siteplan\prior lake baptist\monitor agreement.doc
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The foregoing instrument was acknowledged before me this
2002, by
day of
NOTARY PUBLIC
Reviewed as to Form and Execution:
By:
Suesan Lea Pace, City Attorney
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
1:\02fi1es\02siteplan\prior lake baptist\monitor agreement.doc
5
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
That part of the East % of the Southeast Quarter of Section 1, Township 114 North,
Range 22 West, Scott County, Minnesota described as follows:
Commencing at the Southeast comer of said Section 1; thence on an assumed bearing of
North 1 degree 21 minutes 00 seconds West, along the line between the Southeast comer
and the Northeast comer of said Section 1, a distance of 1251.72 feet; thence at right
angles South 88 degrees 39 minutes 00 seconds West a distance of 1875.73 feet; thence
South 86 degrees 11 minutes 30 seconds West a distance of 84.66 feet to the East line of
the West 30.00 feet of the East % of the Southeast Quarter of said Section 1, said point
being the actual point of beginning of the property to be described, thence North 86
degrees 11 minutes 30 seconds East a distance of 514.66 feet, thence bearing south a
distance of 704.31 feet to the centerline of County State Aid Highway No. 12 (County
Road No. 21); thence North 63 degrees 37 minutes 56 seconds West, along the centerline
of said Highway No. 12, a distance of566. 47 feet to the East line of the West 30.00 feet
of the East % of the Southeast Quarter of said Section 1; thence North 0 degrees 49
minutes 11 seconds West, along said East line ofthe West 30.00 feet of the East % of the
Southeast Quarter of said Section 1, a distance of 418.59 feet to the point of beginning.
Subject to County State Aid Highway No. 12 (21) over the southwesterly 33 feet thereof.
1:\02files\02siteplan\prior lake baptist\monitor agreement.doc
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CITY OF PRIOR LAKE
ORDINANCE NO. 02- XX l Lf
AN ORDINANCE AMENDING SECTIONS 1101.400 AND 1104.308 OF THE
PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
..J
I. Section 1101.400 of the Prior Lake City Code is hereby amended as follows:
Water-Oriented Accessory Structure. A building of 120 square feet or less used to store
boating acc@ssori@s and @quipm0Ilt located on lakeshore lots, that cORtain steep slopes equal
to or greater than 20% which because of the relationship of its use to a surface water feature
reasonably needs to be located closer to the lake shore ordinary high water mark (OHW) than
the normal structural setback requirement. Examples of such structures include structures
used to store boatin2 accessories and equipment, 2azebos and screen houses.
2. Section 1104.308 (4) of the Prior Lake City Code is hereby amended as follows:
(4) Water-Oriented Accessory Structures: One water-oriented accessory structure may be
allowed per lot on General Development (GD) lakes that have Municipal sewer and
water, provided a building permit is obtained from the City and the following criteria are
met:
a. Th@ lot QORtains On riparian lots containin2 a slope equal to or greater than 20%
measured from the front of the principal structure to the ordinary high water mark
and verified by a certificate of survey prepared by a re2istered surveyor, one
water-oriented structure meetin2 the criteria listed in para2raphs c-i of this
subsection is permitted with a setback of not less than 10 feet from the ordinary
hi2h water mark; and
b. On riparian lots containin2 slopes less than 20 percent, one water-oriented
accessory structure meetin2 the criteria listed in para2raphs c-i of this
subsection is permitted with a setback of not less than 50 feet from the Ordinary
Hi2h Water Elevation.
c. The structure shall not occupy an area greater than 120 square feet, and the
maximum height of the structure must not exceed 10 feet, including the roof; and
d. The structure shall be located in the most visually inconspicuous portion of the lot as
viewed from the surface of the lake, assuming summer, leaf-on conditions. The
minimum s@tback r@quin~m0Ilt must b@ at l@ast 10 feet from the ordinary high '.vater
mark and must meet the other applicabl@ side yard setbacks. Th@ slope ghall be
verified by a certificate of sl:lfV@y prepared by a registered surveyor; and .
I :\02files\02ordamend\zoning\02-072\ord02xx,doc
PAGE I
16200 Eagle Creek Ave, S,E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
e. The structure shall not be designed or used for human habitation and shall not
contain water supply or sewage treatment facilities. However, the structure may
contain electrical and mechanical systems; and
f. The structure shall be constructed of treated wood and/or block that is materials
compatible with the principal structure and designed to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation, topography, increased
setbacks or color, assuming summer, leaf-on conditions; and
g. If the proposed structure will be located below the regulatory flood plain elevation,
the structure shall be built compliant with applicable flood-proofing requirements of
the Building Code and Section 1105 of this Ordinance; and
h. Trees that are 4 inches in caliper or larger should not be removed for the erection of a
water-oriented accessory structure. If removal is necessary, replacement with like
trees shall be made with the approval of the Zoning Administrator. Erosion control
measures shall be implemented and all disturbed vegetation replaced with sod or
suitable landscaping materials; and
1. The structure shall be attached to a permanent foundation so as to be immovable
from its approved location.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council ofthe City of Prior Lake this 3rd day of September, 2002.
M~~
Published in the Prior Lake American on the 14th day of September, 2002.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
1:\02files\02ordamend\zoning\02-072\ord02xx,doc
PAGE 2
CITY OF PRIOR LAKE
ORDINANCE NO. 02-14
AN ORDINANCE AMENDING SECTIONS 1101.400 AND 1104.308 OF THE
PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 1101.400 of the Prior Lake City Code is hereby amended as follows:
Water-Oriented Accessory Structure. A building of 120 square feet or less located on
lakeshore lots, which because of the relationship Of its use to a surface water feature
reasonably needs to be located closer to the lake shore rdinary high water mark (OHW) than
the normal structural setback requirement. Examples of such structures include structures
used to store boating accessories and equipment, gazeb s and screen houses.
2. Section 1104.308 (4) ofthe Prior Lake City Code is he~eby amended as follows:
(4) Water-Oriented Accessory Structures: One wate~-oriented accessory structure may be
allowed per lot on General Development (GD) ~akes that have Municipal sewer and
water, provided a building permit is obtained from I the City and the following criteria are
met:
a. On riparian lots containin!t a slope equal to or greater than 20% measured from the
front of the principal structure to the ordina high water mark and verified by a
certificate of survey prepared by a registered urveyor, one water-oriented structure
meeting the criteria listed in paragraphs c-i f this subsection is permitted with a
setback of not less than 10 feet from the ordina high water mark; and
b. On riparian lots containing slopes less than 20 percent, one water-oriented accessory
structure meeting the criteria listed in paragra hs c-i of this subsection is permitted
with a setback of not less than 50 feet from the dinary High Water Elevation.
c. The structure shall not occupy an area gr ater than 120 square feet, and the
maximum height of the structure must not exce d 10 feet, including the roof; and
d. The structure shall be located in the most visu lly inconspicuous portion of the lot as
viewed from the surface of the lake, assuming ummer, leaf-on conditions.
e. The structure shall not be designed or used for human habitation and shall not
contain water supply or sewage treatment fa ilities. However, the structure may
contain electrical and mechanical systems; and
f. The structure shall be constructed of treated aterials compatible with the principal
structure and designed to reduce visibility as vewed from public waters and adjacent
r:\ordinanc\2002\02-14,doc i PAGE 1
16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLO ER
. -.-,.-.-,-.,..,---..--L.-.- ------
shorelands by vegetation, topography, inc eased setbacks or color, assummg
summer, leaf-on conditions; and
g. If the proposed structure will be located belo the regulatory flood plain elevation,
the structure shall be built compliant with ap licable flood-proofing requirements of
the Building Code and Section 1105 of this Or inance; and
1.
h. Trees that are 4 inches in caliper or larger sho Id not be removed for the erection of a
water-oriented accessory structure. If remov I is necessary, replacement with like
trees shall be made with the approval of the,oning Administrator. Erosion control
measures shall be implemented and all dis bed vegetation replaced with sod or
suitable landscaping materials; and
The structure shall be attached to a permaneht foundation so as to be immovable
from its approved location. I
I
This ordinance shall become effective from and after i passage and publication.
Passed by the City Council of the City of Prior Lake t 's 3rd day of September, 2002.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 14th day 0 September, 2002.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek A venue
Prior Lake, MN 55372
r:\ordinanc\2002\02-14,doc
PAGE 2
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