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HomeMy WebLinkAbout02- 22 PL Bap CUP Oversize PlaAPPLICATIONS & APPLICATION MATERIALS L:\TEMPLATE/FILEINFO.DOC Planning Case File No. Property Identification No. City of Prior Lake ZONING/LAND USE APPLICATIO~, Brief desc~rl~!0n of propose~p'~oj Type of Application P~casc dcsc~bc request. At~~-~ ~e~ if necessary). [] Amendment to Zoning Map [] Amendment to Zoning Ordinance Text [] Amendment to Comprehensive Plan Land Use Map [] Conditional Use Permit [] Variance [] Planned Unit Development [] Senior Care Overlay District [] Home Occupation [] Amendment or Modification to approved CUP. or PUD [] Other ce Applicant: Address: Telephone: Property Owners <if different than applicant): ~:~ff~/'~' ~~' ~q'X'lZ~=*q I,-IILL.. Telephone: - ,_ (home) 9.CL' ~7- *BZ~ (work) ~- ~- ~3~ (f~x) Type of Ownership: ~ Fee ~ Contract for Deed 'D Purch/se Agreement Legal Description of Property (Attach additional sheets if necessary): To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I havq read j~he relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that applications will not/o~e pro'es[ed until deemed complete by the Planning Director or assignee, Applie~,~, ~. '~ ,~.~ aOt e~O 'L~ Fee Owner's Signature r Date ADDITIONAL PROJECT INFORMATION (Reqtftred for PUD. CUP and SC Overlay District applications) Will the developers request financial assistance from the City? [] Yes K No If yes, please describe the amount and type of assistance requested (attach adc~tional pages if necessary). Will anyone other than the applicant be involved in the ownership, development & management of this project? [] Yes (If yes, please attach a list of the names and the role of all persons involved in the project.) ~ No l:XhandoutsX2001 handoutsXzoning~zoning app.doc .PRIOR LAKE BAPTIST CHURCH CURRENt LEGAL OF,~C,R~PTION Properly Idenldicalion No 259010240 That parl of the East 314 ol Ihe Soulheasl Quader of Sechon 1. Township 114 Nodh, Range 22 WesL Scoll County, Minnesola described as follows: Commencing at Ibe Southeasl corner of said Section I; thence on an assumed bearing of North 1 degree 21 minules 00 seconds Wesl, along Ihe line between Ihe Soulheasl corner and Ihe Nodheasl corner el said Seclion 1. a dislance of 1251 /2 feel; thence al right angles South 89 beginning of lite properly to be described; thence Nodh 86 degrees t t minules 30 seconds Easl 30 00 leer of the Easl 314 of the Soulheast Quade~ el said Section 1; Ihence Nodh 0 degrees 49 minutes t 1 seconds West, along smd East line el the Wesl 30 00 feet of the Easl 3/4 of Ihe Soulheasl Quarter of said Section I, a distance of 418 59 feet Io the point of beginning Subjecl Io County Stale Aid Highway No 12 (now known as County Road No 21) over Ihe EXCEPTING THEREFROM [hat pad el the East 3/4 or the Southeast Quader of Seclion 1, Township Northeasl corner of said Sechon I, a distance of 125'L72 feet; Ihence al righl angles South 88 degrees 39 minules 00 seconds West a distance of 187573 feet; thence Soulh 86 degrees t I minules 30 seconds Wesl a distance el 8466 feet to the East line of the Wesl 30.00 feel el Ihe Easl 3/4 el Ihe Soulheast Quaffer el said Sechon 1; lhence southerly, along said Easl line el the West 30 00 leel, a dlslance of 12902 leel Io Ihe point of beginning of Ihe land Io be descPbed; thence deflecting ID lhe lelt at an angle of 59 degrees 06 minules 21 seconds a dislance of SINGLE FAMILY RESIDENCE CURRENT LEGAL DESCRIPTION Property Iden~dicalion Number 259010241 Ibal pad of Uae Easl 3/'4 or lbe Soullmas~ Quarter or Sechon t, Township 114 Nodb, Range 22 WesL Scot~ County. Minnesola described as follows: Commencing al Ihe Soulheasl corner el said Section 1, Ihence on an assumed bearing or Nodh 1 degree 21 minutes 00 seconds West, along the line belween Ihe Sou~beasl corner and the Nodheasl corner of said Section 1. a distance el 1251 72 leer; tbence at right angles Soulb 88 degrees 39 minules O0 seconds West a distance of 1875 73 leel; Ihence South 08 degrees I t minutes 30 seconds Wesl a dlslance of 8466 leel Io Ihe Easl line ct Ibe Wesl 3000 feel el Ihe Easl 314 el Ihe Soulheast Quarter of said Seclion 1; thence soulhedy, along said Easl line el Ihe West 30 O0 feet, a dislance of 129 02 leel Io Ihe point el beginning of Ibe land to be described; PROPOSED (COMBINED) PROPERTY DESCRIPTION lhat pad o[ Ibe Easl 314 el the Southeasl Quader of Section t. Township 114 North. Range 22 West, ,~co9 Counly. Minnesota described as fol~ows: Commencing at Ihe SoulheasJ corner of said Section f; thence on an assumed bearing of North 1 degree 21 minutes 00 seconds WesL along the line between the Soulheast corner and the Norlheast corner of said Sechon 1. a dislance el 1251 72 leer; Ibence al righl angles Soulh 88 degrees 39 minules 00 seconds Wesl a distance of 1875 73 feet; thence South 86 degrees f 1 minutes 30 seconds Wesl a dislance of 84~66 feel Io the Easl line of the Wesl 30.00 1eel of fbe Easl 3/4 of Ihe Soulheasl Quader of said Section 1, said poinl being Jhe aclual poinl of beginning el Ihe properly Jo be described; Ihence North 86 degrees 11 minutes 30 seconds Easl a dislance of 5t4 66 feet; thence bearing South a dislance of 70431 feel ID the cenledme el Courtly Stale Aid Highway No 12 (Courtly Road No 21); thence Norlh 03 degrees 37 minules 56 seconds WesL along II~e cenlerline of said Highway No. 12, a dislance ct 56G47 leel Io Ibe East line of the West 30 00 leel of Ihe East 314 of Ihe Soulheast Quader of said Seclion l; thence Norlb 0 degrees 49 minutes 11 seconds Wesl, along said East line of the Wesl 30 00 feet of Ihe East 3/4 of the Soulheasl Quarter of said Seclion 1, a dislanre of 418 59 feet Io the point of beginning SubleCl Io Courtly Slale Aid Highway No 12 (21) over the soulhwesterly 33 m~ m ~- "o m z m IForOffice Use Only DATE: I FILE NUMBER: CHECKED BY: SITE PLAN APPLICATION CHECKLIST *****APPLICATION WILL BE PROCESSED ONLYIFALL OF THE REQUIRED MATERIALS LISTED BELOW ARE SUBMITTED. Property Address: ~'~% ~ [.~. [.I;::::, PID Number: Legal Description: - ~ ,~,.'l'/'~,P.~t:~ ..~,~l~a~'~. -- Property Owner: ,.r~lC~,~-L.~l~_l~. _'r'O,~lJll~hone: Address: Applicant: Address: Phone: Date I · Date TEN ASSEMBLED SETS (24" x 36") AND ONE SET OF 11"X 17" REDUCTIONS OF EACH OF THE FOLLOWING: 1) ACCURATE CERTIFIED SURVEY (showing existing conditions on the site, within 50' of the site, and the Legal Description). 2) DETAILED SITE PLAN (based on current certified survey). 3) 4) ¢'/ 5) m,J 6) GRADING AND DRAINAGE PLAN (including existing and proposed contours, and storm water runoff calculations and a map produced by a Professional Engineer; erosion control plans using MPCA's, Best Management Practices standards). WETLAND DELINEATION PLAN (including proposed filling and mitigation). UTILITY PLAN (including proposed sewer, watermain, storm sewer lines, and profiles of the utilities larger than 4" in diameter, produced by a Professional Engineer). TREE PRESERVATION PLAN (including an. inventory of the size and species of existing trees on the site, the size and species of trees to 7) be removed and the location of any required replacement trees). LANDSCAPE PLAN (can be on combined sheets, produced by a Landscape Architect). . 8) ~/ 9) V'/ 10) ,'" 12) 13) 14) SIGN PLAN (can be on combined sheets). FIRE PROTECTION PLAN (showing fire lanes, hydrants, post indicator valves, and siamese connections which may be.shown on the Site or Utility Plan).~ BUILDING PLANS (exterior wall elevations and cross section floor layout). TRASH ENCLOSURE (l~rovisions can be on combined sheets). LUMINARE PLAN (of all outside and building exterior lighting which may be on combined sheets). ONE LEGIBLE AND REPRODUCIBLE WRITTEN NARRATIVE (describing the proposal and variances requested). A COMPLETE APPLICATION FORM SIGNED BY THE FEE OWNER(S). 15) APPLICATION FEE ($300.00) PER CURRENT CITY OF PRIOR LAKE ' I FEE SCHEDULE. ADDITIONAL INFORMATION NEEDED IF IT APPLIES: 16) ONE ADDITIONAL SET OF PLANS REQUIRED IF THE PROPOSAL ABUTS OR ACCESSES A COUNTY ROAD. 17) ONE ADDITIONAL SET OF PLANS REQUIRED IF THE PROPOSAL ABUTS OR ACCESSES A STATE HIGHWAY. Applications will be reviewed by the Development Review Committee. A member of the Planning Staff will notify the Applicant as to any additional information or modifications needed. Site Plans may generally be administratively approved, as long as there are not variances, conditional uses or other applications requiring a public review process. The staff will notify the applicant if other applications are required. These applications will be scheduled for a Planning Commission Public Hearing when it has been verified that the application is complete. Items will be scheduled before the City Council, by the City Manager, upon Planning Commission Recommendation. I:\handouts~siteplan.doc Page 2 February 6, 2002 City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, Minnesota 55372-1714 RE: Prior Lake Baptist Church Conditional Use Permit Application: Owner of the Project: Prior Lake Baptist Church 5690 Credit River Road S.E. Prior Lake, Minnesota 55372 Phone: 952-447-2824 Pastor Ronald Groschel Building Chair: Randy Quiring/Myron Will Applicant and Designer of the Project: Dennis Batty and Associates 6860 Shingle Creek Parkway, Suite 106 Minneapolis, Minnesota 55430 Phone: 763-560-6814 Project Architect: Kurt Liebenow SurveyoF: Probe Engineering Company, Inc 1000 E. 146th Street Burnsville, Kinnesota 55337 Phone: 952-432-3000 Comact: Russ Damlo WILLIAM H. McCOMBS Professional En~(meer 11705 54th Avenue North Plymouth, Minnesota 55442-1839 Phone & Fax (763)559-4062 e-mail mccombs~spacestar, net January23,2002 Mr. Lani Leichty Water Resource Engineer City of Prior Lake 16200 Eagle Creek Ave. SE Prior Lake, MN 55372-1714 Subject: Prior Lake Baptist Church Classroom Addition Dear Mr. Leichty, We are attaching the design calculations for determining the amount of storm water storage required to meet the requirements of the City and County. You will note that because of the small amount of new hardcover added, the TR-55 program did not exactly fit the need, as a safety measure, storage to handle the total projected runoff from the increased hardcover is being provided. This seems to be very adequate from several standpoints. The water will flow over a grass yard for about 200 feet before it flows into the storage area, since this is sandy soil most of the runoff will probably seep into the yard. The storage area is merely the yard depressed to provide a foot of storage. An emergency overflow is provided with provision in the standpipe for any retained water to slowing drain away. This process should meet all of the recommendation for Best Management Practices. The required volume of runoff water is being diverted part from the existing building and part from the new building. We believe that the attached and the preliminary site plan will provide all of the information you need for the preliminary approval. If anything else is needed, please advise. Very truly yours, William McCombs PE Registration No. 7002 WILLIAM H. McCOMBS Professional Engineer 11705 54th Avenue North Plymouth, Minnesota 55442-1839 Phone & Fax (763)559-4062 e-mail mecombs~spacestar, net Design of Storm Water Storage System Prior Lake Baptist Church Addition Januaw21, 2002 Tabulation and description of data used to determine thc mount of storm water storage required to meet the City's and County's requirement that future runoff not exceed the runoff currently leaving the site. Total Site Area Total Existing grassed area Total Existing Impervious Area (71,120 SF) Existing Impervious area removed (1,053 SF) New Imper~5ous area to be constructed (10,020 SF 6.131 acres 4.499 acres 1.632 acres 0.02 acres 0.23 acres Net Increase in Impervious Area (8,976 SF) 0.21 acres Soil Type B Rainfall Type II Rainfalls 2 year 24 hour 2.8" 10 year 24 hour 4.2" 100 year 24 hour 6.0" From Attached TR-55 runs Qo from existing site for 100 year storm is Qi from the post expansion site for 100 year storm ~s 20 cfs 21 cfs For determining storage requirements: Qi/Qo-- 0.95 TR-55 program does not work at a ratio above 0.8 Using Curves and projections yield a storage volume of 0.1 acre-feet Since the above calculation is based on curve projections, it was decided to determine the total runoff due to new hardcover as a check. Total Q for 24 hours = 8967 SF x 0.5 feet of rain x 0.9 % of runoff= 4035 CF or 0.09 acre-feet Therefore, Total Storage required for the proposed addition is 4,356 cubic feet GRAPHICAL PEAK DISCHARGE METHOD Project : Prior Lake Baptist Church User: WHM County : Scott State: MN Subtitle: POST_EXPANSION Checked: Data: Drainage Area : 6.13 * Acres Runoff Curve Number : 71 * Time of Concentration: 0.25 Hours Rainfall Type : II Pond and Swamp Area : NONE Storm Number 1 Frequency (¥rs) 2 24-Hr Rainfall (in) 2.8 Ia/P Ratio 0.29 Runoff (in) 0.65 Unit Peak Discharge 0.988 (cfs/acre/in) Pond and Swamp Factor 1.00 0.0% Ponds Used ,' Peak Discharge (cfs) : 4 10 20 2 3 10 100 4.2 6.0 0.19 0.14 1.53 2.90 1.066 1.113 1.00 1.00 * - Value(s) provided from TR-55 system routines Version 2.10 Date: 01-03-2002 Date: TIME OF CONCENTRATION AND TRAVEL TIME Version 2.10 Project : Prior Lake Baptist Church User: WHM Date: 01-03-2002 County : Scott State: MN Checked: Date: Subtitle: POST_EXPANSION .................................. Subarea #2 ................................. Flow Type 2 year Length Slope Surface n Area Wp Velocity Time rain (ft) (ft/ft) code (sq/ft) (ft) (ft/sec) (hr) Sheet 2.8 200 .08 f 0.254 Time of Concentration = 0.25* --- Sheet Flow Surface Codes --- A Smooth Surface F Grass, Dense B Fallow (No Res.) G Grass, Burmuda C Cultivated < 20 % Res. H Woods, Light D Cultivated > 20 % Res. I Woods, Dense E Grass-Range, Short J Range, Natural --- Shallow Concentrated --- --- Surface Codes --- P Paved U Unpaved RUNOFF CURVE NUMBER COMPUTATION Version 2.10 Project : Prior Lake Baptist Church User: WHM Date: 01-03-2002 County : Scott State: MN Checked: __ Date: Subtitle: POST_EXPANSION Subarea : 6.131 Hydrologic Soil Group COVER DESCRIPTION A B C D Acres (CN) FULLY DEVELOPED URBAN AREAS (Veg Estab.) Open space (Lawns,parks etc.) Good condition; grass cover > 75% - 4.5(61) - Impervious Areas Paved parking lots, roofs, driveways - 1.63(98) Total Area (by Hydrologic Soil Group) 6.13 SUBAREA: 6.131 TOTAL DRAINAGE AREA: 6.13 Acres WEIGHTED CURVE NUMBER: 71, * - Generated for use by GRAPHIC method GRAPHICAL PEAK DISCHARGE METHOD Project : Prior Lake Baptist Church User: WHM County : Scott Subtitle: PRE-EXPANSION State: MN Checked: Data: Drainage Area : Runoff Curve Number : Time of Concentration: Rainfall Type : Pond and Swamp Area : 6.13 * Acres 71 * 0.25 Hours II NONE Storm Number i 2 3 Frequency (yrs) 2 24-Hr Rainfall (in) 2.8 Ia/P Ratio 0.29 Runoff (in) 0.65 Unit Peak Discharge :0.988 (cfs/acre/in) ,' 10 100 4.2 6.0 0.19 0.14 1.53 2.90 1.066 1.113 1.00 1.00 Pond and Swamp Factor: 1.00 0.0% Ponds Used : Peak Discharge (cfs) : 4 10 20 * - Value(s) provided from TR-55 system routines Version 2.10 Date: 01-03-2002 Date: TIME OF CONCENTRATION AND TRAVEL TIME Version 2.10 Project : Prior Lake Baptist Church User: WHM Date: 01-03-2002 County : Scott Subtitle: PRE-EXPANSION State: MN Checked: Date: .................................. Subarea #2 ................................ - Flow Type 2 year Length Slope Surface n Area Wp Velocity Time rain (ft) (ft/ft) code (sq/ft) (ft) (ft/sec) (hr) Sheet 2.8 200 .08 f 0.254 Time of Concentration = 0.25* --- Sheet Flow Surface Codes --- A Smooth Surface F Grass, Dense B Fallow (No Res.) G Grass, Burmuda C Cultivated < 20 % Res. H Woods, Light D Cultivated > 20 % Res. I Woods, Dense E Grass-Range, Short J Range, Natural --- Shallow Concentrated --- --- Surface Codes --- P Paved U Unpaved RUNOFF CURVE NUMBER COMPUTATION Version 2.10 Project : Prior Lake Baptist Church User: WHM Date: 01-03-2002 County : Scott State: MN Checked: Date: Subtitle: PRE-EXPANSION Subarea : 6.131 Hydrologic Soil Group COVER DESCRIPTION A B C D Acres (CN) FULLY DEVELOPED URBAN AREAS (Veg Estab.) Open space (Lawns,parks etc.) Good condition; grass cover > 75% 4.5(61) - - Impervious Areas Paved parking lots, roofs, driveways 1.63(98) Total Area (by Hydrologic Soil Group) 6.13 SUBAREA: 6.131 TOTAL DRAINAGE AREA: 6.13 Acres WEIGHTED CURVE NUMBER: 71, * - Generated for use by GRAPHIC method February 6, 2002 City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, Minnesota 55372-1714 RE: Prior Lake Baptist Church Conditional Use Permit Application: To Whom It May Concern: Brief Description of Proposed Project: The Prior Lake Baptist Church is proposing an addition of 7,694 square feet to the existing facilities of 13,912 square feet. To allow for the addition to fulfill the 30 pement impervious site coverage required by being within the watershed district of Markley Lake, the church has purchased the adjacent residential property that has an existing occupied house and garage. The short term plan is to allow the existing family to continue to rent the existing residence. At a later date, the intention is to have the house removed. The Conditional Use Permit is required due the composite site area used to satisfy the impervious surface requirement will have two primary structures. By ordinance, only one primary structure is allowed on each property. Proposed Use of the Site: There will be no change from the current function of the site. The residence exists and is occupied and will remain so with no expansion. The church addition will not bring any additional or different use to the site. The addition will allow space for current uses to expand to meet current needs. HEARING NOTICES L:\TEMPLATEkFILEINFO.DOC CITY OF PRIOR LAKE NOTICE OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR THE PRIOR LAKE BAPTIST CHURCH PROPERTY You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE, on Monday, March 11, 2002 at 6:30 p.m., or as soon thereafter as possible. The purpose of the public hearing is to consider an application for a conditional use permit to allow more than one principal use on a single lot on the property located at 5690 Credit River Road, and legally described as follows: Legal Description: That part of the East ~A 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 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 94 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. If you desire to be heard in reference to this matter, you should attend this public hearing. The Planning Commission will accept oral and or written comments. If you have questions regarding this matter, contact the Prior Lake Planning Department at 952-447-9810. Jane Kansier, Planning Coordinator City of Prior Lake To be published in the Prior Lake American on Saturday, February 23, 2002. l:\02files\02cup\02-22 baptist~hearing notice.doc Page 1 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax {952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Jane Kansier From: Sent: To: Subject: Jane Kansier Tuesday, February 19, 2002 11:14 AM Legal Dept. Prior Lake American (E-mail) Hearing Notices Please publish the attached legal notices in the Prior Lake American on Saturday, February 23, 2002. If you have any questions, please contact me at 952-447-9812. Jane Kansier, Planning Coordinator City of Prior Lake hearing notice. DOC red cedar pub fountain pn. DOC deerfield hearing note. DOC note. DOC z=-'~ 0~.0 '~ CITY OF PRIOR LAKE NOTICE OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR THE PRIOR LAKE BAPTIST CHURCH PROPERTY You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE, on Monday, March 11, 2002 at 6:30 p.m., or as soon thereafter as possible. The purpose of the public hearing is to consider an application for a conditional use permit to allow more than one principal use on a single lot on the property located at 5690 Credit River Road, and legally described as follows: Legal Description: That part of the East V4 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 V4 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 of 566.47 feet to the East line of the West 30.00 feet of the East V4 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 Va 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. If you desire to be heard in reference to this matter, you should attend this public hearing. The Planning Commission will accept oral and or written comments. If you have questions regarding this matter, contact the Prior Lake Planning Department at 952-447-9810. Jane Kansier, Planning Coordinator City of Prior Lake Mailed to owners of property within 350' of the site on Thursday, February 28, 2002. l:\02files\02cup\02-22 baptistXmail notice.doc Page 1 16200 Eagle Creek Ave. S.E., Prior lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYUR AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) LV~f~.y..~ ~'~ ~ ,L~ bf the City of Prior Lak~C~o~unty of Scott, State of Minnesota, being duly s~om, says on the ~r'-/t~day of'3t~, r ,2002, she served ~.e.a.t~tached li~fpAdrso~s to have an interest-in the ~A]0/~ .J(~v ~/~- ~)c~ lq~l]~t [/~ [~L/~/J(!~I J( ~,g~ 07/- , by mailing to t~em a-copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this __ day of ,2000. NOTARY PUBLIC NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, RO. BOX 300 SHAKOPEE, MINNESOTA 55379 DAVID E, MOONEN Phone: (952) 445-6246 Fax: (952) 445-0229 December 24, 2001 Dennis Batty & Associates Group 6860 Shingle Creek Parkway, Suite 106 Minneapolis, MN 55430 Attn: Kurt Liebanow To Whom it May Concern: According to the 2001 tax records in the Scott County Treasurer's Office, the following persons listed on Exhibit "A" are the owners of the property which lies within 350 feet of the following described property: That part of the East 3/4 of the Southeast Quarter (E3/4 of SE1/4) of Section 1, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast corner of said Section 1; thence on an assumed bearing ofN 01 degrees 21 minutes 00 seconds W, along the line between the Southeast corner and the Northeast comer of said Section 1, a distance of 1251.72 feet; thence at right angles S 88 degrees 39 minutes W, a distance of 1875.73 feet; thence S 6 degrees 11 minutes 30 seconds W a distance of 84.66 feet to the East line of the West 30.0 feet of the East 3/4 of the SE1/4 of said Section 1, said point being the actual poim of beginning of the property to be described; thence N 86 degrees 11 minutes 30 seconds E, a distance of 514.66 feet; thence bearing South a distance of 704.31 feet to the center line of County State Aid Highway #12; thence N 63 degrees 37 minutes 56 seconds W along the center line of said Highway #12 a distance of 566.47 feet to the East line of the West 30.0 feet of the East 3/4 of the Southeast 1/4 of said Section 1; thence N 0 degrees 49 minutes 11 seconds W along said East line of the West 30.0 feet of the East 3/4 of the SE1/4 of said Section 1, a distance of 418.59 feet to the point of beginning, Scott County, Minnesota. David E. Moonen President Scott County Abstract & Title, Inc. MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY STAN M ANDERSON 5500 COTTONWOOD LN STE 100 PRIOR LAKE MN 55372 CITY OF PRIOR LAKE CITY ADMINISTRATOR 16200 EAGLE CREEK AVE PRIOR LAKE MN 55372 METROPOLITAN SEWER BOARD CENTRAL OFFICE CAPITOL SQUARE BLDG ST PAUL MN 55145 ARCI~I~. J PAVEK 16801 INDUSTRIAL CIP~ SE PRIOR LAKE MN 55372 MARIE SNELL 5290 CREDIT RIVER RD SE PRIOR LAKE Mlq 55372 PETER J KNAEBLE 6001 GLENWOOD AVE GOLDEN VALLEY MN 55422 SCOTT RICE TELEPHONE CO 4690 COLORADO ST SE PRIOR LAKE MN 55372 TOWNSHIP OF SPRING LAKE TREASURER 15870 FRANKLIN TRL SE STE 104 PRIOR LAKE MN 55372 S.m?oth Feed SheetsTM Use template for 5162® STAN M ANDERSON 5500 COTTONWOOD LN STE 100 PRIOR LAKE MN 55372 CITY OF PRIOR LAKE CITY ADMINISTRATOR 16200 EAGLE CREEK AVE PRIOR LAKE MN 55372 METROPOLITAN SEWER BOARD CENTRAL OFFICE CAPITOL SQUARE BLDG ST PAUL MN 55145 ARCHIE J PAVEK 16801 INDUSTRIAL CIR SE PRIOR LAKE MN 55372 MARIE SNELL 5290 CREDIT RIVER RD SE PRIOR LAKE MN 55372 PETER J KNAEBLE 6001 GLENWOOD AVE GOLDEN VALLEY MN 55422 SCOTT RICE TELEPHONE CO 4690 COLORADO ST SE PRIOR LAKE MN 55372 TOWNSHIP OF SPRING LAKE TREASURER 15870 FRANKLIN TRL SE STE 104 PRIOR LAKE MN 55372 AVERY® Address Labels Laser $162® Property Owr~rs Within 350' Prior Lake Baptist Church CUP 2 500 0 500 1000 Feet , I N Resolution and Minutes L:\TEMPLATEkFILEINFO.DOC Planning Commission Meeting March ll, 2002 E. Case file #02-022 Prior Lake Baptist Church is requesting a Conditional Use Permit to allow multiple buildings on a single lot for the property located at 5690 Credit River Road. Planning Coordinator Jane Kansier presented the Planning Report dated March 11, 2002, on file in the office of the Planning Department. Prior Lake Baptist Church has filed an application for a Conditional Use Permit (CLIP) to allow two principal structures on a single lot for the property located 5690 Credit River Road. This site is zoned R-1 (Low Density Residential). No variances are required for this project. The Church is planning an addition to the existing church and school. In order to meet the impervious surface requirements for this development, the Church has purchased the adjacent property to the northwest. There is an existing single-family home and detached garage on this lot. The Church is proposing to rent the single family home until sometime in the future, when the home will be removed. There is no specific date for the removal of this structure. Staff recommended approval of the conditional use permit request, subject to the following conditions: 1. Staffmust approve the site plan for the church addition before the resolution approving the CUP is recorded. 2. The applicant must file an application to combine the lots for City approval. There were no comments from the public. Comments from the Commissioners: Stamson: · Suggested some kind of time line, it could be 10 years, as long as it doesn't become a permanent use. Support the proposal. Lemke: · The staffhas done a good job of laying out why a Conditional Use Permit is appropriate. · Did not consider an expiration date. If the church has gone to the trouble of having an architect, they are going to develop it and would probably require that the house be moved. Criego: · Agreed with staff's recommendation as it relates to the time frame of the Conditional Use Permit. It seems there should be a condition that indicates the Conditional Use Permit is only good for the current structure. If that structure gets tom down, they cannot put another like structure and do the same thing. L:\02FILES\02planning comm\02pcminuteshM N031102.doc 13 Planning Commission Meeting March 11, 2002 · Kansier said once something is destroyed, it automatically kicks in the requirement. The City would not allow duplication without going through the process. Ringstad and Atwood: · Supported the Conditional Use Permit with staff's conditions. MOTION BY CRIEGO, SECOND BY ATWOOD, TO RECOMMEND THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT SUBJECT TO STAFF'S CONDITIONS. Vote taken indicated ayes by all. MOTION CARRIED. This will go before the City Council on April 1, 2002. F. Case file #02-03 D.R. Horton is requesting a combined preliminary plat and final plat to be known as Deerfield 6th Addition. The proposed plat will add 10 feet of property to the existing Lots 5-8, Block 1, Deerfield 2nd Addition. Planning Coordinator Jane Kansier presented the Planning Report dated March 11, 2002, on file in the office of the Planning Department. D. R. Horton, Inc., is requesting a combined preliminary plat and final plat for the property is located on the south side ofFish Point Road, west of Deerfield Drive, at 17252, 17254, 17256 and 17258 Deerfield Drive. The proposed plat will add 10' of property to the existing townhouse lots, described as Lots 5-8, Block 1, Deerfield 2"d, which will allow the construction of a deck on the townhouse units. This application is being processed as a combined preliminary plat and final plat under the provisions of Section 1002.400 of the Subdivision Ordinance. This section allows the City staff to combine the preliminary and final plat process when a proposed subdivision meets all of the requirements. The proposed plat meets the standards of the Subdivision Ordinance and Zoning Ordinance. The only issue with this plat has been identified by the City Attorney as part of the review of the title work. The Planning staffrecommends approval of this plat subject to the following condition: The 6 issues identified by the City Attorney in the letter dated February 26, 2002, must be addressed to the satisfaction of the City Attorney before the City will sign the final plat documents. Comments from the public: Mike Suel, D.R. Horton Homes, just wanted to clarify the request was for a 5-foot extension. Horton would like to fulfill their obligations to their buyers by allowing them to construct decks. Suel explained the miscalculation. L:\02FI LES\02planning comm\02pc agcnda~:cpcworkshp.doc L:\02FILES\02planning comm~02pcnfmutes~MN031102.doc 14 City Council Meeting Minutes April 1, 2002 Hau,qen: Further commented that the Planning Commission had a lot of discussion with respect to density, and that the environmental factors presented by this site and the plan to preserve much of that environment seem to be plausible rationale for clustering the units. Did believe that additional quality of housing can be preserved by requiring the Class I materials. Zieska: Pointed out that if a $1 million single-family dwelling was built and used vinyl siding, that would be acceptable, but if you put four of them together, it is no longer acceptable, The nature of the planned unit development is cooperative. Rye: Explained that the rationale for the ordinance was to offset the overall size of the structure, by requiring some higher quality materials. The ordinance requires 60% Class I. Terry Wensmann: Discussed that his understanding of the intent of the ordinance was to mitigate having large structures look unsightly. Noted the proposed design of this particular structure in order to enhance the look of the building without incurring the expense of Class I materials. Further noted that the Homeowner's Associations will be responsible for maintenance of the structure. Haugen: Asked about the quality of vinyl sidings. Wensmann: Noted that there are different thicknesses of vinyl that affect the quality. We propose to use a relatively high grade of vinyl. All the associations will be required to carry insurance, so issues such as hail damage would be covered under that policy. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carded. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE RESOLUTION 02-45 APPROVING A PRELIMINARY PLAT TO BE KNOWN AS FOUNTAIN HILLS 2ND ADDITION AS PROPOSED BY STAFF. VOTE: Ayes by Haugen, Petereen and Zieska, the motion carried. Consider Approval of a Resolution Approving Preliminary Final Plat for Deerfield 6~ Addition. Rye: Briefly reviewed the agenda item and proposed project in connection with the staff report. Joe Schmitt: Noted that the title concerns have not been fully addressed at this point, but the City Attorney's office is comfortable with the Council proceeding in this manner, subject to the final resolution. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE RESOLUTION 02-46 APPROVING PRELIMINARY FINAL PLAT FOR DEERFIELD 6TM ADDITION SUBJECT TO CONDITIONS. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. Consider Approval of a Resolution Approving a Conditional Use Permit to Allow Two Principal Uses on a Single Lot in the R.I Zoning District (Case File #02-22) Rye: Briefly reviewed the item in connection with the staff report. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 02-47 APPROVING CONDITIONAL USE PERMIT TO ALLOW TWO PRINCIPAL USES ON A SINGLE LOT IN THE R-1 ZONING DISTRICT (Case File #02-022). VOTE: Ayes by Haugen, Petersen and Zieska, the motion carded. 4 Resolution and Minutes L:\TEMPLATE~FILEINFO.DOC City Council Meeting Minutes September $, 2002 MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 02-148 APPROVING THE TIMBER CREST PARK PLANNED UNIT DEVELOPMENT. VOTE: Ayes by Haugen, Gundlach, Petereen, Zieska and LeMair, the motion carried MOTION BY LEMAIR, SECOND BY ZIESKA TO APPROVE RESOLUTION 02-149 APPROVING THE PRELIMINARY PLAT FOR TIMBER CREST PARK SUBJECT TO THE CONDITIONS OUTLINED. VOTE: Ayes by Haugen, Gundlach, Peter'sen, Zieska and LeMair, the motion carded. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE RESOLUTION 02-150 APPROVING THE WETLAND REPLACEMENT PLAN FOR TIMBER CREST PARK (PROJECT NO. 01-45). VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeUair, the motion carded. Consider Approval of an Ordinance Approving an Amendment to the Zoning Ordinance Pertaining to Water- Oriented Accessory Structures. Kansier: Reviewed the agenda item in connection with the staff report, advising that the amendments broadens the definitions of water-oriented accessory structures to include structures used to store boating accessories and equipment, as well as gazebos and screen houses. The second amendment makes a change to allow water-oriented accessory structures on all ripadan lots with a cladficalJon as to setback and building materials. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE ORDINANCE 02-14AMENDING THE ZONING ORDINANCE PERTAINING TO WATER-ORIENTED ACCESSORY STRUCTURES. Zieska: Commented it would make the City more customer-friendly to have residents store more down by the lake. Gundlach: Believed this was a good ordinance change that would eliminate the need for many of the variance requests. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carded Consider Approval of (1) a Resolution Authorizing Execution of an Agreement for Maintenance and Monitoring Plan for Prior Lake Baptist Church; and (2) a Resolution Authorizing Execution of a Development Contract for the Oversizing of Prior Lake Watermain for Prior Lake Baptist Church. Kansier: Reviewed the agenda item in connection with the staff report. Gundlach: Asked if there wou~d be any difficulties with the project. Kansier: Responded that staff did not expect any difficulties. MOTION BY GUNDLACH, SECOND BY LEMAIR TO APPROVE RESOLUTION 02-137 AUTHORIZING EXECUTION OF AN AGREEMENT FOR MAINTENANCE AND MONITORING PLAN FOR PRIOR LAKE BAPTIST CHURCH. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY GUNDLACH, SECOND BY LEMAIR TO APPROVE RESOLUTION 02-138 AUTHORIZING EXECUTION OF A DEVELOPMENT CONTRACT FOR THE OVERSIZ]NG OF WATERMAIN FOR PRIOR LAKE BAPTIST CHURCH. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carded. RESOLUTION 02-138 THE PRIOR LAKE CITY COUNCIL APPROVING THE DEVELOPMENT CONTRACT FOR OVERSlZING OF WATERMAIN FOR THE PRIOR LAKE BAPTIST CHURCH MOTION BY: GUNDLACH SECOND BY: LEMAIR 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 X Haugen Gundlach X Gundlach LeMair X LeMair Petersen X Pet ~el'sen Zieska X Zie~ka Frank B yl'es it /Manager h\02files\02siteplan\pfior lake baptist\contract resolution.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 02-137 OF THE PRIOR LAKE CITY COUNCIL APPROVING THE AGREEMENT FOR MONITORING AND MAINTENANCE PLAN FOR THE PRIOR LAKE BAPTIST CHURCH MOTION BY: GUNDLACH SECOND BY: LEMAIR 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 Chumh. 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 X Haugen Gundlach × Gundlach LeMair X LeMair Petersen X Petersen Zieska X Zies~ 1:\02files\O2siteplan\pdor lake baptist~agree resolution.doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: APRIL 1, 2002 9C JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW TWO PRINCIPAL USES ON A SINGLE LOT IN THE R-1 ZONING DISTRICT (CASE FILE #02-22) History: Prior Lake Baptist Chumh has filed an application for a Conditional Use Permit (CLIP) to allow two principal structures on a single lot on the property located 5690 Credit River Road. This site is zoned R-1 (Low Density Residential). No variances are required for this project. The Prior Lake Baptist Church is planning an addition to the existing church and school. In order to meet the impervious surface requirements for this development, the Church has purchased the adjacent property to the northwest. There is an existing single family home and detached garage on this lot. The Church is proposing to rent the single family home until sometime in the future, when the home will be removed. There is no specific date for the removal of this structure. Current Circumstances: Section 1101.501 (4) of the Zoning Ordinance states the following: Principal buildings. There shah be no more than 1 principal building on 1 lot except by Conditional Use Permit or as provided under subsection 1106.100 through 1106.600. The Chumh is requesting a conditional use permit in order to maintain the existing residence. It must be noted that approval of the CUP does not constitute automatic approval of the church addition. The Church has also filed an application for site plan approval for the proposed addition to the church. Site plan approval is an administrative process, handled by the staff, unless there is a need for variances. l:\02files\02cup\02~22 baptist\cc report.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 The Planning Commission considered this CLIP at a public hearing on March 11, 2002. There were no public comments at the hearing. The Planning Commission recommended approval of this amendment subject to the following conditions: 1. Staff must approve the site plan for the church addition before the resolution approving the CUP is recorded. 2. The applicant must file an application to combine the lots for City approval. The Issues: The proposed Conditional Use Permit should be reviewed in accordance with the criteria found in Section 1108 of the City Code. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One of the goals of the Comprehensive Plan is to "create an environment in which all citizens have the opportunity to develop their full potential." Objectives of this goal are to ensure the development of a broad range of educational and learning opportunities. This proposal is consistent with these goals. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This proposal will not be detrimental to the health, safety and general welfare of the community. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The proposed addition will be consistent with the provisions of the Zoning Ordinance. In allowing this CUP, the impervious surface on the site will not exceed 30% of the lot area. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The streets and utilities to serve this development are in place. This use will not adversely affect those services. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The only uses in close proximity to this site are industrial uses and vacant land. The existing single family dwelling will be under the control of the Church, and will not have an adverse impact on the nearby properties. 1:\02files\02cup\02-22 baptist\cc report,doc Page 2 (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. The proposed addition must be approved under the site plan approval process. This process will ensure that all requirements of the Zoning Ordinance are met. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. (8) The site plans have been prepared under the supervision of a civil engineer. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. The Planning Commission recommended approval subject to conditions necessary to meet ordinance requirements. The Commission did not feel additional conditions were necessary for this use. Conclusion: The Planning Commission and the staff recommend approval of the CUP with the following conditions: 1. Staffmust approve the site plan for the church addition before the resolution approving the CUP is recorded. 2. The applicant must file an application to combine the lots for City approval. l:\02files\02cup\02-22 baptist\cc report.doc Page 3 FISCAL IMPACT: n,,t~opt t,,,?,et: There is no immediate budget impact as a result of this request. ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: The City Council has three altematives: 1. Adopt a resolution approving the Prior Lake Baptist Conditional Use Permit, subject to the suggested conditions. 2. Deny the proposed amendment. In this case, the Council should direct the staff to prepare a resolution with findings of fact for the denial of these requests. 3. Defer consideration of this item for specific reasons. Staff recommends alt~j~ative #l. resolutio, n approvin~//the Prior Frank oyl~it~Manager A motion and second adopting a Lake Baptist Church CUP is 1:\02files\02cup\02-22 baptist\cc report.doc Page 4 RESOLUTION 02-XX A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW TWO PRINCIPAL USES ON A SINGLE LOT IN THE R-1 ZONING DISTRICT ON THE PROPERTY AT 5690 CREDIT RIVER ROAD MOTION BY: SECOND BY: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on March 11, 2002, to consider an application from the Prior Lake Baptist Church for a Conditional Use Permit (CUP) to allow two principal uses on a single lot in the R-1 Zoning District on the property located at 5690 Credit River Road and legally described as follows: 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 corner of said Section 1; thence on an assumed bearing of NoAh 1 degree 21 minutes 00 seconds West, along the line between the Southeast corner and the Northeast corner 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 NoAh 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 NoAh 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 NoAh 0 degrees 49 minutes 11 seconds West, along said East line of the West 30.00 feet of the East % of the Southeast Quarter of said Section 1, a distance of 416.59 feet to the point of beginning. Subject to County State Aid Highway No. 12 (21) over the southwesterly 33 feet thereof. and WHEREAS, Notice of the public hearing on said CUP has been duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the proposed CUP; and WHEREAS, The City Council considered the application for a CUP on April 1, 2002; and 1:\02files\02cup\02-22 baptist\cc res.doc Page 1 16200 Ea§ie Creek Ave. $.E., Prior Lake, Minnesota 55372-1714 / Ph. (959) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WHEREAS, WHEREAS, The Planning Commission and City Council find the CUP in harmony with both existing and proposed development in the area surrounding the project; and The Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108 of the Zoning Ordinance. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The City Council hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One of the goals of the Comprehensive Plan is to "create an environment in which all citizens have the opportunity to develop their full potential." Objectives of this goal are to ensure the development of a broad range of educational and learning opportunities. This proposal is consistent with these goals. b. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This proposal will not be detrimental to the health, safety and general welfare of the community. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The proposed addition will be consistent with the provisions of the Zoning Ordinance. In allowing this CUP, the impervious surface on the site will not exceed 30% of the lot area. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The streets and utilities to serve this development are in place. This use will not adversely affect those services. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The only uses in close proximity to this site are industrial uses and vacant land. The existing single family dwelling will be under the control of the Church, and will not have an adverse impact on the nearby properties. f. The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. The proposed addition must be approved under the site plan approval process. This process will ensure that all requirements of the Zoning Ordinance are met, l:\02files\O2cup\02-22 baptist\cc res.doc Page 2 g. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. The site plans have been prepared under the supervision of a civil engineer. h. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. 3. The Conditional Use Permit is hereby approved on the property legally described as follows: 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 corner of said Section 1; thence on an assumed bearing of North 1 degree 21 minutes 00 seconds West, along the line between the Southeast corner and the Nodheast corner 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 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 % 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. The Conditional Use Permit is hereby approved subject to the following conditions: a. Staff must approve the site plan for the church addition before the resolution approving the CUP is recorded. b. The applicant must file an application to combine the lots for City approval. Passed and adopted this 1"t day of April, 2002. l:\02files\O2cup\02-22 baptist\cc rcs.doc Page 3 YES NO Haugen Haugen Vacant Vacant Gundlach Gundlach Petersen Petersen ~ Zieska Zieska {Seal} Frank Boyles, City Manager l:\02files\O2cup\02-22 baptist\cc res.doc P~e4 EXHIBIT A t Location Map Prior Lake Baptist Church~ 2 WATERFRCNT NO, N 400 0 400 Feet RESOLUTION 02-47 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW TWO PRINCIPAL USES ON A SINGLE LOT IN THE R-1 ZONING DISTRICT ON THE PROPERTY AT 5690 CREDIT RIVER ROAD WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: ZIESKA SECOND BY: PETERSEN The Prior Lake Planning Commission conducted a public hearing on March 11, 2002, to consider an application from the Prior Lake Baptist Church for a Conditional Use Permit (CUP) to allow two principal uses on a single lot in the R-1 Zoning District on the property located at 5690 Credit River Road and legally described as follows: 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 corner of said Section 1; thence on an assumed bearing of North 1 degree 21 minutes 00 seconds West, along the line between the Southeast corner and the Northeast corner 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 3/, 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 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 % 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. and Notice of the public hearing on said CUP has been duly published in accordance with the applicable Prior Lake Ordinances; and The Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the proposed CUP; and The City Council considered the application for a CUP on April 1, 2002; and r:\resoluti\planres\2002\02-47.doc Page I 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (67t2) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WHEREAS, WHEREAS, The Planning Commission and City Council find the CUP in harmony with both existing and proposed development in the area surrounding the project; and The Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108 of the Zoning Ordinance. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The City Council hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One of the goals of the Comprehensive Plan is to "create an environment in which all citizens have the opportunity to develop their full potential." Objectives of this goal are to ensure the development of a broad range of educational and learning opportunities. This proposal is consistent with these goals. b, The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This proposal will not be detrimental to the health, safety and general welfare of the community. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The proposed addition will be consistent with the provisions of the Zoning Ordinance. In allowing this CUP, the impervious surface on the site will not exceed 30% of the lot area. d, The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The streets and utilities to serve this development are in place. This use will not adversely affect those services. e, The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The only uses in close proximity to this site are industrial uses and vacant land. The existing single family dwelling will be under the control of the Church, and will not have an adverse impact on the nearby properties. f. The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. The proposed addition must be approved under the site plan approval process. This process will ensure that all requirements of the Zoning Ordinance are met. r:\resoluti\planres\2002\O2-47.doc Page 2 g. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. The site plans have been prepared under the supervision of a civil engineer. h. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. The Conditional Use Permit is hereby approved on the property legally described as follows: 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 corner of said Section 1; thence on an assumed bearing of North 1 degree 21 minutes 00 seconds West, along the line between the Southeast corner and the Northeast corner 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 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 ~,/, 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. 4. The Conditional Use Permit is hereby approved subject to the following conditions: a. Staff must approve the site plan for the church addition before the resolution approving the CUP is recorded. b. The applicant must file an application to combine the lots for City approval. Passed and adopted this 1 ~ day of April, 2002. r:\resoluti\planres\2002\O2-47.doc Page 3 {Seal} YES NO Haugen X Haugen Vacant Vacant Gundlach Absent Gundlach Absent Petersen X Petersen Zieska , X Zieska Frank Boyles~/C4a~ager r:\resoluti\planres\2002\O2-47.doc Page 4 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 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 WATERMAIN FOR PRIOR LAKE BAPTIST CHURCH History: The purpose of this 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. l:\02files\02siteplan\prior lake baptist\cc report.doc Page 1 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447 4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 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. FISCAL IMPACT: Budgetlmpact: Approval of this agreement and development contract will allow the church to construct the proposed addition. ALTERNATIVES: 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. RECOMMENDED MOTION: Staffrecommends 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 of Watermain for the l:\02files\02siteplan\prior lake baptist\cc report.doc Page 2 REVIEWED BY: Prior Lake Baptist Church, and authorizing the Mayor and City ~M~ag~the Development Contract. Fran~s, ]2ity Manager l:\02files\02siteplan\prior lake baptist\cc report.doc Page 3 RESOLUTION 02-XX JTION 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 Pdor 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 1:\02flles\02siteplan~orior lake baptist~agree resolution.doc Page 1 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 JTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE DEVELOPMENT CONTRACT FOR OVERSlZlNG OF WATERMAIN FOR THE PRIOR LAKE BAPTIST CHURCH MOTION BY: SECOND BY: 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 1:\02flles\02siteplan~prior lake baptist~contract resolution.doc Page 1 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 3~d 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 1:\02files\02siteplan\prior lake baptist\development contract.doc 1 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 of the 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 IlVlPROVEMENT, inspection of the 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. Oversizing. 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 ~om the location of improvements by previous development. The CHURCH and the CITY agree that the additional costs incurred as a result of locating 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. l:\02files\02siteplan\prior lake baptist\development contract, doc 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 IMPROVEIVIENT 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 of IMPROVEMEblT. 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 l:\02files\02siteplan\prior lake baptist\development contract, doc 3 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 more. 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 fi.om claims ar/sing out of or resulting fi.om 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 or 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 or 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 CHLrRCH shall be in writing, and shall be either hand delivered to the CHURCH, its employees or agents, or mailed to the CHURCH by l:\02files\02siteplan\prior lake baptist\development contract.doc 4 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. Recording. The CHURCH shall cause this CONTRACT to be recorded against the property legally described in Exhibit A within I0 days of the issuance of the Permit. The CHURCH shall provide evidence of recording to the CITY within 10 days thereafter. 18. Fleirs~ Sneeessors And Assigns. This CONTRACT shall mn with the land legally described in Exhibit A and shall be binding against all heirs, successors and assignees of the CHURCH. 18.1. Assignment. The CHURCH may not assign this CONTRACT without the prior written approval of the CITY Council 19. Miscellaneous. 19.1. Severabili .ty. 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 fight 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 attomey'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. Governing Law. This CONTRACT shall be govemed 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: l:\02files\02siteplan\prior lake baptist\development contract.doc 5 Jack G. Haugen, Mayor By: By: Frank Boyles, City Manager Ronald H. Groschel, Pastor/President Tom Lundahl, Secretary STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing inslrument 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 ) 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 l:\02files\02siteplan\prior lake baptist\development contract.doc 6 EXItIBIT A LEGAL DESCRIPTION OF PROPERTY That part of the East ~4 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 fight 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 ~/4 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 of 566.47 feet to the East line of the West 30.00 feet of the East ~A 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 ~A 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. l:\02files\02siteplan\prior lake baptist\development contract, doc 7 EXHIBIT B EXHIBIT B 'iii' EXHIBIT B ~!!,*,: Ii! :,l..l:, : I ,,1t t ',11 l,.,....l!l::lil.::,~l..!: [, ]: t. :.; :,,:,,: , ll,l[l:i,l!llil:lllilllll,l '"'"'"' "" ·-1 111 , Ill, il [ ~ fi:l:[ !ltlll~ I1~1111 !!1: q,:P:"', l* I:ll:'::= ~ z,j..m,tl] - =]L,.dhtlt i !.lit;il[hi EXHIBIT B EXHIBIT B !!il EXHIBIT B !i i! I J' :¥ t~ I EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT C COST ESTIMATE FOR WATERMAIN PRIOR LAKE BAPTIST CHURCH UNITS COST/LrNIT ESTIMATED COST 6" watermain 8" watermain 6" Valves 8" Valves 6" Hydrants Fittings Wet Tap Gravel 20 LF $17.00/LF 700 LF 20.00/LF 3 550.00 ea 3 750.00 ea 2 1,600.00 ea lump sum 1 lump sum 300 CY 9.00/CY ESTIMATED CONSTRUCTION COST Contingencies Eng/neering, legal fees TOTAL ESTIMATED PROJECT COST $340 14,000 1,650 2,250 3 oo 1,000 2,000 2,700 27,140 2.710 3150 $33,000 EXHIBIT D SAMPLE CERTIFICATE OF INSURANCE PROJECT: CERTLFICATE HOLDER: fiSSURED: ADDITIONAL INSURED: AGENT: City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1714 City of Prior Lake WORKERS' COMPENSATION: Policy No. Effective Date: Insurance Company: COVERAGE - Workers' Compensation, Statutory. Expiration Date: GENERAL LIABILITY: Policy No. Effective Date: Insurance Company: ( ) Claims Made LIMITS: [Minimum] Bodily Injury and Death: $1,000,000 for one person Property Damage: $500,000 for each occurrence Combination Single Limit Policy C_ _OVI3_RAGE PROVIDED: Operations of Contractor: YE~S Expiration Date: ( ) Occurrence $2,000,000 for each occurrence $1,000,000 or more l:\02files\02siteplan\prior lake baptist\development contract.doc 18 Operations of Sub-Contractor (Contingent): YE~S Does Personal Injury Include Claims Related to Employment? YE~S Completed Operations/Products: YES Contractual Liability (Broad Form): __yES Governmental Immunity is Waived: YE~S Property Damage Liability Includes: Damage Due to Blasting YE~S Damage Due to Collapse YE~S Damage Due to Underground Facilities YES Broad Form Property Damage ~ AUTOMOBILE LIABILITY: Policy No. Effective Date: Expiration 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 $l,000.00] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative l:\02files\02siteplan\prior lake baptist\development contract.doc 19 EXI-IIB1T E MINNESOTA STATUTES 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 w~tten 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 council or 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 mohth, 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 accorc~mg to the terms of the conh'act or, if no conlxact terms apply, within the standard payment period as defined in subdivision 2. The standard payment period for a negotiated con~:act 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. l:\02files\O2siteplan\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 any one 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 snbcontractors. Each contract ora 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 I-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 2 l 6B.02 or a telephone company as defined in section 237.01 that has on file with the public utilities commission an approved practice regarding late fees are not subject to this section. l:\02files\02sitcplan\prior lake baptist\development contract.doc 21 AGREEMENT FOR MONITORING AND MAINTENANCE PLAN FOR PRIOR LAKE BAPTIST CHURCH THIS AGREEMENT is made this 3ra day of September, 2002 by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation, organized under the laws of the State of Mirmesota ("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:\02files\O2siteplan\prior lake baptistLmonitor agreement.doc 1 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 of the 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 CI-IUKCH is required to construct a storm water management infiltration storage system. 4. Storm water Management Infiltration Storage 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 accommodate at least all mn-off from a one- year, twenty-four hour rainfall event and the capacity to infiltrate all nm-off fi.om 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. Monitoring. 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 1st 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 l:\02files\02siteplan\prior lake baptist~nonitor 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 mall 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 property. 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 attorneys' fees, that the CITY incurs or suffers, which arise out of, result fi.om 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 fi.om claims arising out of or resulting fi.om the actions or inactions of the CITY, its Council, agents, 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'umonitor agreement.doc 3 13.2. 13.3. 13.4. 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. 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 Enforcement of the Agreement. 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. 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 PRIOR LAKE BAPTIST CHURCH OF PRIOR LAKE By: By: Ronald H. Groschel, Pastor/President Tom Lundahl, Secretary Jack G. Haugen, Mayor By: By: Frank Boyles, City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing insmunent 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. STATE OF MINNESOTA ) ) SS. COUNTY OF ) NOTARY PUBLIC l:\02files\02siteplan\prior lake baptisfimonitor agreement, doc 4 The foregoing insmunent was acknowledged before me this __ day of , 2002, by NOTARY PUBLIC Reviewed as to Form and Execution: By: Suesan Lea Pace, City Attorney I~RAFTED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 h\O2files\O2siteplan\pfior lake baptisfimonitor agreement.doc 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That part of the East 3/4 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 fight 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 eenterline of said Highway No. 12, a distance of 566.47 feet to the East line of the West 30.00 feet of the East 9, 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 ~, 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. l:\02files\02siteplan\prior lake baptist~monitor agreement.doc 6 EXHIBIT B EXHIBIT B EXHIBIT B i ].,..=,.il4,j : .-,,, ~,.. · ", ,J'J J!',J,~J,JjlJ,iJt~ll Ii. [ - il't-ll!'-'iiil'll~itlll!lJ'lJ' .::.:z::..;'"'"'""'"'"'"'"'"'"'"'"'"',.',,,,,,,,,,":'"" I,,t,~l.~,h,, lll!llili|il I .11!.I.:.~11 ~h,ll.i.~:.l I i ~>~oo~ EXHIBIT B EXHIBIT B ~___ 1 EXHIBIT B ,,,ii I ! Ilti! j! Ii ill EXHIBIT B EXHIBIT B EXHIBIT B Correspondence L TE2v~LATE FILEINFO.DOC CITY OF PRIOR LAKE DRC PROJECT REVIEW CHECKLIST PROJECT NAME: PRIOR LAKE BAPTIST CHURCH CUP An application for a conditional use permit to allow multiple buildings on a single lot. The CUP will also serve as site p~an review for the proposed addition to the church. APPLICANT: Prior Lake Baptist Church PROJECT ENGINEERS: Dennis Batty & Associates Architects CONTACT PERSON: Kurt Liebenow, Dennis Batty & Assoc. 763-560-6814 SITE INFORMATION PID #: 25-901-024-0 & 25-901-024-1 LOCATION: 5690 Credit River Road This property is located on the northeast side of CSAH 21. EXISTING ZONING: R-1 SD COMPREHENSIVE PLAN: R-L/MD PROJECT REQUEST: Review application DISTRIBUTE TO: IL_Il APPLICATION FOR: · Frank Boyles · Bud Osmundson Administrative Land Division · SueWalsh · Sue McDermott Comprehensive Plan Amend. · Ralph Teschner · Conditional Use Permit · Chris Esser · Fire Chief Home Occupation · Bob Hutchins · Bill O'Rourke Rezoning · Don Rye · Site Plan ,lane Kansier Preliminary Plat PUD · DNR - Pat Lynch · Minnegasco Final Plat · County Hwy. Dept. · Watershed Dist. Variance MNDOT · Telephone Co. Vacation SMDC · Electric Co. Mediacom Cable Met. Council Date Received 2/8/02 Date Distributed 2/15/02 Date Due 2/28/02 Complete Application 2/15/02 Date Distributed to 2/15/02 DRC Meeting 2/28/02 Date DRC Publication Date 2/23/02 Tentative PC Date 3/11/02 Tentative CC 4/1/02 Date 60 Day Review Date 4/15/02 Review Extension 6/15/02 1:\02files\02cup\02-22 baptist\referral.doc Page 1 I have reviewed the attached proposed request (Prior Lake Baptist Church CUP} for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Comments: Approval Denial Conditional Approval Signed: Date: Please return any comments by Thursday, February 28, 2002, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 1:\02files\02cup\02-22 baptist\referral.doc Page 2 02/19/2002 14:40 9522263758 INTEGRA TELECOM PL PAGE 01/01 I have reviewed the attached proposed request (Prior Lake Baptist Church CUP) for the following: Water CItY C,o~,,.e. 'Grading Sewer Storm Water Signs Zoning .... Flood Plain County Road .,Access Parks Natural Features Lega!. Issues Assessment Electric Roads/Access Policy Septic System ..... G.as Building Code.. Erosion Control X Other Recommendation: X Approval Denial Conditional Approval Comments; . . f t gra 'Don Barlage 0.S,R Engineering & Design Md~le: (61~3 919-5887 Fax: (~5:~ www,i~t~raelec~m.m~ Signed: E Date: E-Iq -D?.- Please return any comments by Thursday, February 28.2002, to Jane Kansier, DRC Coordinator City of Pdor Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 1:\02files\02cup\02-22 baptist\referral.doc Page 2 SENT BY: DNR METRO; 2-20- 2 8:52AM; 6517727573 => 6124474245; #1/1 I t~ave reviewed the attached proposed request ,(~Ki.P~ L,P.~.~ Baptist Church CUp) for the following: Water City Code Sewer Storm Water Flood Plain Parks Natural Features Assessment Electric Policy Septic System Gas Erosion Control Other Grading Signs Road Access Roads/Access Building Code Recommendation: Approval Denial Conditional Approval Please return any comments by T_~hu__K~_a_y,_Fe__br~u_a_ry__2~¢. 200_2., to Jane Kansier, DRC Coordinator City of Prior Lake 15200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 h\O2files\O2cup\02-22 baptiSt\referrF~l.doc P:~%),-. 2 COST ESTIMATE FOR WATERMAIN PRIOR LAKE BAPTIST CHURCH UNITS COST/UNIT ESTIMATED COST 6" watermain 8" watermain 6" Valves 8" Valves 6" Hydrants Fittings Wet Tap Gravel 20 LF 700 LF 3 3 2 1 300 CY ESTIMATED CONSTRUCTION COST Contingencies Engineering, legal fees TOTAL ESTIMATED PROJECT COST $17.00/LF 20.00/LF 550.00 ea 750.00 ea 1,600.00 ea lump sum lump sum 9.00/CY $34O 14,000 1,650 2,250 3,200 1,000 2,000 2,700 27,140 2.710 3150 $3:5,000 February 15,2002 Dennis Batty & Associates Architects Attention: Kurt Liebenow 6860 Shingle Creek Parkway Suite 106 Minneapolis, MN 55430 RE: City of Pdor Lake Review for Application Completeness for the Conditional Use Permit for Prior Lake Baptist Church Dear Mr. Liebenow: On February 15, 2002, the City of Prior Lake determined all of the necessary submittals for the above application have been received. This letter serves as your official notification that the application is now complete. The DRC will now begin formal review of this request. At this time, you are tentatively scheduled for the March 11, 2002, Planning Commission meeting. I will notify you of any changes to that date. The City review process can be substantially less than 120 days, and we intend to move this matter through the process in a timely manner that provides a complete, professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60-day review period. This letter also serves as your official notice that the City is extending the 60-day deadline for an additional 60 days from April 15, 2002 to June 15, 2002. If you have questions relative to the review process or related issues, please contact me directly at 447-4230. Sincerely, /...) ~ . ' PYanning Coordinator cc: Myron Will, Prior Lake Baptist Church DRC Members 1:\02files\02cup\02-22 baptist~complete.doc Page 1 16200 Ea§le Creek Ave. S.£., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-'~230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER I have reviewed the attached proposed request (Prior Lake Baptist Church CUP) for the following: ,/' i Water City Code v/ Grading v~ Sewer v' Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electdc v/- Roads/Access Policy Septic System Gas Building Code v' Erosion Control Other Recommendation: Approval Denial V//Conditional Approval Comments; Please return any comments by Thursday, February 28, 2002, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 44742.45 ]:\02files\02cup\02-22 baptist\referral.doc Page 2 FALE CGP¥ February 27, 2002 Dennis Batty & Associates Architects Attention: Kurt Liebenow 6860 Shingle Creek Parkway Suite 106 Minneapolis, MN 55430 RE: City of Prior Lake Review for Application Completeness for the Conditional Use Permit for Prior Lake Baptist Church Dear Mr. Liebenow: I have received the attached comments from the City Engineering Department about your application for site plan approval for the addition to the Prior Lake Baptist Church. In order to properly review the application, the information listed on the attached comment sheet must be submitted. We will continue to move forward with the conditional use permit application, since that application deals only with the issue of two principal structures on a single lot. THe public hearing for the CUP is scheduled for March 11, 2002. However, before we will proceed with your site plan application, you must submit the attached information. Thank you for your attention to this matter. If you have questions relative to the review process or related issues, please contact me directly at 447-4230. Sincerely, , , . ~a~Jane Kansier, AICP Planning Coordinator Enclosure CC: Myron Will, Prior Lake Baptist Church DRC Members 1:~02flles\O2cup\02-22 baptist~eng info.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447~4245 AN EQUAL OPPORTUNITY EMPLOYER I have reviewed the attached proposed request (Prior Lake Baptist Church CUP) for the following: ,/' Water City Code ~/ Grading v' Sewer v-' Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric v/ Roads/Access Policy Septic System Gas Building Code v' Erosion Control Other Recommendation: __ Approval __ Denial V/'' Conditional Approval Comments: Signed: . -'~'~'~.~-~.~/' ~~ Date: ~.l Please return any comments by Thursday, February 28, 2002, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9612 Fax: (952) 447-42,45 l:\02files\O2cup\02-22 baptist\referraLdoc Page 2 Memorandum DATE: February 28, 2002 TO: Jane Kansier Sue McDermott FROM: Robert D. Hutchins RE: Prior Lake Baptist Church Site Review Following are the results of the preliminary site review for the Shepherd's Path. Our review was based on the Minnesota State Building Code (MSBC) which adopted with amendments the 1997 Uniform Building Code (UBC). Also requirements of the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997 Uniform Fire Code Ct.IFC). 1. Complete a Building Code analysis. UBC Chapter 5. Include the following: a. Occupancy Classification. b. Type of Construction. c. Location on Property. d. Allowable Floor Area. 2. It appears that the two properties are to be combined. The survey should reflect the combination at the time of building permit application. 3. Should a fire hydrant be provided at the intersection of Industrial Road and Credit River Blvd.? Spacing and design as per Engineering Department. 4. Sheet C-l: Water Supply lines do not match Survey. 5. Sheet C-1: East building lines do not match Survey. 6. Survey: Provide Sideyard setback dimensions to the East, West and North property lines. This is a preliminary site review only. Other code items will be addressed when the final site plans are submitted. Feb 2B 02 12:5~p Communit~ Development 95E-~gB-BB~O p. i see-n- COUNTY COMMUNITY DEVELOPMENT GOVERNMENT CENTER A200 -200 FOURTH AVENUE WEST · SHAKOPEE, MN 55379-1220 (952) 496-8054. Fax (952.) 496-8840. Web www. co. scoff, mn.ua Dawn Tracy, Ph.D., Natural Resources Program Manager dtracy~co.scott, mn. us Memo Date: To: From: Subject: February 28, 2002 Jane Kansier, DRC Coordinator, Cit~ &Prior Lake VIA FAX:. 952-44%4245 Tracy, Natural Resources Program Manager ,'[-'~-~ Dawn Prior Lake Baptist Church CUP Thank you for providing the opportunity to comment on this project. At this time the Scott Watershed Management Organization (WMO) is in the process of completing our Water Resource Management Plan and will be moving through the review and adoption process this year. Therefore, the WMO has no rules in which to apply to this project for formal comment. We anticipate that we will begin the rule-making process at the end of this calendar year and will keep you informed and involved in that process. General comments on this project arc as follows: · We assume that the increased impervious area and resulting stormwater increases will conform to thc City's Stormwatcr Management Plan and any ordinances associated with water quantity and quality. · We would note that there is no erosion/sedimentation control plan included in the plan sa. · Should further action be proposed on the site in the future, thc Scott WMO wold have an interest in reviewing those proposals for consistency with thc Water Resource Management Plan. Page 1 of I March 28, 2002 Prior Lake Baptist Church Attention: Myron Will 5690 Credit River Road SE Prior Lake, MN 55372 Dennis Batty and Associates Attention: Kurt Liebenow 6860 Shingle Creek Parkway, Suite 106 Minneapolis, MN 55430 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the April 1, 2002, City Council meeting. The meeting begins at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting or have any questions, please contact me at 447-9810. Sincerely, j'~,eA. Jane Kansier, AICP Planning Coordinator Enclosure I:~leptwork\blan kfrm\meeflrcc.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER BRADLEY J. LARSON PUBLIC WORKS DIRECTOR/ COUNTY HIGHWAY ENGINEER SCOTT COUNTY PUBLIC WOR~KS .Dl~rOlkl HIGHWAY DEPARTMENT · 600 COUNTRY TRAIL EASI]~J~ROAi'.', ;.;;; 35352-333~ (952) 496-8346 · Fax: (952) 496-8365 · www. co.scJ)tt.mn.u~ March 4, 2002 Jane Kansier City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 RE: CUP, Prior Lake Baptist Church North of CSAIt 21 Dear Jane: We have reviewed the CUP and it does not appear to create any Highway Department issues or concerns. Thank you for the opportunity to comment on this CUP. Sincerej/~,_ Transportation Planner An Equal Opportunity/Safety Aware Employer DATE: March 20, 2002 TO: Jane Kansier, Planning Coordinator FROM: Sue McDermott, City Engineer ~ RE: Prior Lake Baptist (Project #02-35) The Engineering Department has reviewed the plans for the subject project and we have the following comments: 1. A development contract will be needed to address the watermain that is planned along Industrial Circle. Detailed construction plans as well as a bid or Engineer's Estimate will be required. 2. Additional comments are included on the attached memorandum from WSB & Associates relating to storm water issues. G:~PROJECTS~2002~35plbaptist~,EVIEW 1 .DOC & Asso~at~a, l~c, From: Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake Andi Moffatt, Biologist WSB & Associates, Inc. March 18, 2002 Review of Prior Lake Baptist Church Expansion Plans WSB Project No. 1430-04 As requested, we have completed our water resource review of the Prior Lake Baptist Church expansion plans dated February 7, 2002. Based on our review, we offer the following comments: General Comments 1. This site is located in close proximity to Markley Lake, a land locked basin (see attached figure). Because of past litigation involving Markley Lake, the design criteria for this plan should include no net increase in runoff volume to the lake rather than maintaining discharge rates. 2. If an outlet to Markley Lake is provided in the future, design criteria may change. The storm water plan should incorporate infiltration into the design to accommodate all runoff generated from the improvement area for the critical design event. The critical design event will be the 100 yr - 24 hour rainfall or the 10 day snowmelt event. Stormwater Management Comments 1. On Sheet 1, it appears that the building expansion extends outside of the existing easement. This should be clarified by the project proposer. 2. On Sheet 1, a ponding easement will need to be shown over the storm water storage and infiltration area. 3. In the post expansion drainage calculations, the cover descriptions used in curve number calculations do not reflect the change in impervious area. Once these curve Sue McDermott, P.E. March 18, 2002 numbers are adjusted in the model, it is anticipated that the area will require an increase in the pond size. 4. A drainage area map that corresponds to the design calculations must be provided by the developer. 5. The pond shown on Sheet C5 does not appear to correspond to a storage volume of 4400 ft3. 6. Additional information regarding the outlet of the pond including details of the standpipe and invert elevations must be provided by the developer. 7. It appears that additional future expansion on the site is planned. The full storm water management plan should be addressed at this time to assure storm water management criteria are met and that impacts to Markley Lake are avoided. 8. The creation of the storm water pond should incorporate treatment prior to the discharge into the infiltration area as outlined in the 2002 Public Works Design Manual. Details regarding the design and effectiveness of the treatment pond must be provided by the developer. 9. The development plan should incorporate an erosion control plan in accordance with the 2002 Public Works Design Manual. 10. A landscaping plan should be provided for the pond and infiltration area. The landscaping plan should incorporate plant species that can withstand the anticipated hydrologic regimes of the pond and infiltration area. This concludes our review of the Prior Lake Baptist Church expansion project. If you have any questions or need additional information, please feel free to call me at (763)287-7196. c. Dave Hutton, P.E., WSB C:lg/lNDOWSiTemporary Internet FileslOldC3941031§O2sm.doc March 22, 2002 Dennis Batty & Associates Architects Attention: Kurt Liebenow 6860 Shingle Creek Parkway Suite 106 Minneapolis, MN 55430 RE: Additional Review Comments, Prior Lake Baptist Church Addition Dear Mr. Liebenow: Enclosed are additional comments on the Prior Lake Baptist Church site plan application. These comments must be addressed before we can complete our review of this site plan. I understand the City Engineer has forwarded these comments to your project engineer as well. As soon as we receive additional plans, we will continue our site plan review. Please remember that all plans must be submitted to me and I will forward them to the other City staff as appropriate. Thank you for your attention to this matter. If you have questions relative to the review process or related issues, please contact me directly at 952-447-4230. Sincerely,~` ~ ~; 'cioe ro'r ~ii InCa tPo r Enclosure CC: Myron Will, Prior Lake Baptist Church DRC Members 1:\02flles\02cup\02-22 bapfist~addiUonal comments.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake. [vlinnesota 55372-1714 / Ph. (952) a,47-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Memorandum DATE: March 20, 2002 TO: Jane Kansier, Planning Coordinator McDermott, City Engineer 4~'/~ FROM: Sue RE: Prior Lake Baptist (Project #02-35) The Engineering Department has reviewed the plans for the subject project and we have the following comments: 1. A development contract will be needed to address the watermain that is planned along Industrial Cimle. Detailed construction plans as well as a bid or Engineer's Estimate will be required. 2. Additional comments are included on the attached memorandum from WSB & Associates relating to storm water issues. G :XPROJECTS~2002\35plbaptistW,.EVIEW 1 .DOC & Associate~, lr~. Memorandum From: Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake Andi Moffatt, Biologist WSB & Associates, Inc. March 18, 2002 Review of Prior Lake Baptist Church Expansion Plans WSB Project No. 1430-04 As requested, we have completed our water resource review of the Prior Lake Baptist Church expansion plans dated February 7, 2002. Based on our review, we offer the following comments: General Comments 1. This site is located in close proximity to Markley Lake, a land locked basin (see attached figure). Because of past litigation involving Markley Lake, the design criteria for this plan should include no net increase in runoff volume to the lake rather than maintaining discharge rates. 2. If an outlet to Markley Lake is provided in the future, design cr/teria may change. 3. The storm water plan should incorporate infiltration into the design to accommodate all runoff generated from the improvement area for the critical design event. The critical design event will be the 100 yr - 24 hour rainfall or the 10 day snowmelt event. Stormwater Management Comments 1. On Sheet 1, it appears that the building expansion extends outside of the existing easement. This should be clarified by the project proposer. 2. On Sheet 1, a ponding easement will need to be shown over the storm water storage and infiltration area. 3. In the post expansion drainage calculations, the cover descriptions used in curve number calculations do not reflect the change in impervious area. Once these curve Sue McDermott, P.E. March 18, 2002 numbers are adjusted in the model, it is anticipated that the area will require an increase in the pond size. 4. A drainage area map that corresponds to the design calculations must be provided by the developer. 5. The pond shown on Sheet C5 does not appear to correspond to a storage volume of 4400 ft3. 6. Additional information regarding the outlet of the pond including details of the standpipe and invert elevations must be provided by the developer. It appears that additional future expansion on the site is planned. The full storm water management plan should be addressed at this time to assure storm water management criteria are met and that impacts to Markley Lake are avoided. The creation of the storm water pond should incorporate treatment prior to the discharge into the infiltration area as outlined in the 2002 Public Works Design Manual. Details regarding the design and effectiveness of the treatment pond must be provided by the developer. 9. The development plan should incorporate an erosion control plan in accordance with the 2002 Public Works Design Manual. 10. A landscaping plan should be provided for the pond and infiltration area. The landscaping plan should incorporate plant species that can withstand the anticipated hydrologic regimes of the pond and infiltration area. This concludes our review of the Prior Lake Baptist Chumh expansion project. If you have any questions or need additional information, please feel free to call me at (763)287-7196. c. Dave Hutton, P.E., WSB C.'[~//NDOWSI Femporary Internet FilesiOLl~3941031502sm.doc Page ! of 1 Jane Kansier From: Cynthia Kimhoff Sent: Wednesday, March 26, 2003 9:31 AM To: Paul Baumgartner Cc: Bob Hutchins; Jane Kansier Paul- On March 25th I inspected the Prior Lake Baptist Church site and found the following deficiencies: 1. Approved landscaping was not installed, therefore, we will need a Letter of Credit for 125% of the estimated cost of construction. It does not appear that an irrigation system is being installed, so the LOC must be valid for 2 years. 2. The approved site plan indicated that an access to Industrial Circle was to be constructed with the addition. This has not been done. 3. The approved site plan also indicated that 2 parking stalls and a portion of the driveway for the existing single family dwelling was to be removed to reclaim additional pervious surface. This has not been done. 4. Ground-mounted mechanical equipment is placed on the east elevation of the building and should be screened. A screening plan must be submitted and approved. 5. The concrete sidewalk shown on site plan has not been constructed. Let me know ifyou have any questions. Thanks. Cynthia Kirchoff, AICP Planner City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 (952) 447-9813 (952) 447-4245-fax 3/26/2003 PRIOR LAKE STATE BANK City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 Dear Sir: March 28, 2003 IRREVOCABLE LETTER OF CREDIT NO. 1350 EXPIP~ATION DATE: March 28, 2005 Prior Lake State Bank hereby establishes an Irrevocable Letter of Credit in the a:nount of Four Thousand Eight Hundred Seventy Five and 00/100 ($4,875.00) U.S. Dollars in your favor for the period beginning March 28, 2003 and expiring March 28, 2005, for the account of Prior Lake Baptist Church of Prior Lake. This credit shall be available against your draft at sight on us accompanied by the original Letter of Credit. This Letter of Credit sets forth in full terms of our undertaking. Such undertaking shall not in any way be modified, amended or amplified by reference to any document, instrument or agreement referred to herein or in which the Letter of Credit is referred to or to which this Letter of Credit relates. Any such reference shall not be a~nended to incorporate herein by reference any document, instr%unent or agreement. Your draft so drawn must bear this clause: "Drawn under Prior Lake State Bank, Prior Lake, Minnesota, Irrevocable Letter of Credit dated March 28, 2003. We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn on and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. In connection herewith, we specifically waive our rights (if any) including but not limited to Section 5-122 (1) A & B of the UCC Code, to defer or delay honor of any sight draft. This Letter of Credit is subject to the Uniform Customs and Practices for Docuanentary Credit (1993~ Revision) International Chamber of Commerce Publication No. 500. Two Locations: P.O. Box 369, 16677 Duluth Avenue SE, Prior Lake, MN 55372-0369 (952) 447-2101 FAX (952) 447-3337 14033 Commerce Ave NE, Prior Lake, MN 55372 www. priorlake.com Busse Sod Service 5280 180th Street East Prior Lake, MN 55372 (612) 447-6455 Proposal Page No. pf ) Pages PHONE "-PROPOSAL SUDMIITEO TO c,- S~E A.D Z,P CODE ARCHITECT DATE JOB NAME DATE JOB LOCATION OF PLANS PHONE JOB WE PROPOSE hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: ACCEPTANCE OF PROPOSAL The aloove Orices, soecifications and ¢onai- ttons are satisfactory ancl are hereDy acceoted. You ai'e autt~orizecl to aD t~e work Silnature. $*gnature F LE C P¥ April g, 2002 Dennis Batty & Associates Architects Attention: Kurt Liebenow 6860 Shingle Creek Parkway Suite 106 Minneapolis, MN 55430 RE: Conditional Use Permit for Prior Lake Baptist Church Dear Mr. Liebenow: On April 1, 2002, the Prior Lake City Council adopted Resolution #02-47 approving the conditional use permit for Prior Lake Baptist Church to allow two principal uses on a single lot. A copy of this resolution is attached. The resolution includes two conditions of approval. These are: a. Staff must approve the site plan for the church addition before the resolution approving the CUP is recorded. b. The applicant must file an application to combine the lots for City approval. In order to approve the site plan, you must submit all of the necessary information. On March 22, 2002, I sent you a letter detailing additional information that is required in order for staff to completely review your proposal. As soon as we receive additional plans, we will continue our site plan review. Please remember that all plans must be submitted to me and I will forward them to the other City staff as appropriate. Thank you for your attention to this matter. If you have questions relative to the review process or related issues, please contact me directly at 952-447-4230. Sincerely, nSc o*ro'r l CLr Enclosure cc: Myron Will, Prior Lake Baptist Church 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 ,7 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW TWO PRINCIPAL USES ON A SINGLE LOT IN THE R-1 ZONING DISTRICT ON THE PROPERTY AT 5690 CREDIT RIVER ROAD MOTION BY: ZIESKA SECOND BY: PETERSEN WHEREAS, The Prior Lake Planning Commission conducted a public hearing on March 11, 2002, to consider an application from the Prior Lake Baptist Church for a Conditional Use Permit (CUP) to allow two principal uses on a single lot in the R-1 Zoning District on the property located at 5690 Credit River Road and legally described as follows: That part of the East 3/, of the Southeast Quarter of Section 1, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Commencing at the Southeast corner of said Section 1; thence on an assumed bearing of North 1 degree 21 minutes 00 seconds West, along the line between the Southeast corner and the Northeast corner 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 3/. 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 of 566.47 feet to the East line of the West 30.00 feet of the East 3/, 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 3,/, 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. and WHEREAS, Notice of the public hearing on said CUP has been duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the proposed CUP; and WHEREAS, The City Council considered the application for a CUP on April 1,2002; and r:\resoluti\p]anres',2002\O2-47.doc Pa~e [ 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Pk. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WHEREAS, WHEREAS, The Planning Commission and City Council find the CUP in harmony with both existing and proposed development in the area surrounding the project; and The Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and fur[her, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108 of the Zoning Ordinance. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: The recitals set for[h above are incorporated herein as if fully set for[h. The City Council hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One of the goals of the Comprehensive Plan is to "create an environment in which all citizens have the opportunity to develop their full potential." Objectives of this goal are to ensure the development of a broad range of educational and learning opportunities. This proposal is consistent with these goals. b. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This proposal will not be detrimental to the health, safety and general welfare of the community. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The proposed addition will be consistent with the provisions of the Zoning Ordinance. In allowing this CUP, the impervious surface on the site will not exceed 30% of the lot area. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The streets and utilities to serve this development are in place. This use will not adversely affect those services. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The only uses in close proximity to this site are industrial uses and vacant land. The existing single family dwelling will be under the control of the Church, and will not have an adverse impact on the nearby properties. f. The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. The proposed addition must be approved under the site plan approval process. This process will ensure that all requirements of the Zoning Ordinance are met. r:\resoluti\planres\2OO2\O2~.7.doc Page 2 g. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. The site plans have been prepared under the supervision of a civil engineer. h. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. The Conditional Use Permit is hereby approved on the property legally described as follows: 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 corner of said Section 1; thence on an assumed bearing of North 1 degree 21 minutes 00 seconds West, along the line between the Southeast corner and the Northeast corner of said Section 1, a distance of 1251.72 feet; thence at right angles South 88 degrees 39 minutes O0 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 of 566.47 feet to the East line of the West 30.00 feet of the East 3/, of the Southeast Quar[er 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 3/, 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. The Conditional Use Permit is hereby approved subject to the following conditions: a. Staff must approve the site plan for the church addition before the resolution approving the CUP is recorded. b. The applicant must file an application to combine the Iots for City approval. Passed and adopted this 1st day of April, 2002. r:\resoluti\planres\2OO2\O2-4?.doc Page 3 {Seal} YES , NO Haugen X Haugen Vacant Vacant Gundlach Absent Gundlach Absent Petersen X Petersen Zieska X Zieska rank Boyles~a~ager r:\resoluti\planres\2002\O247.doc Page 4 May 15, 2002 Dennis Batty & Associates Architects Attention: Kurt Liebenow 6860 Shingle Creek Parkway Suite 106 Minneapolis, MN 55430 RE: Additional Review Comments, Prior Lake Baptist Church Addition Dear Mr. Liebenow: The City of Prior Lake has completed review of the Prior Lake Baptist Church site plan application. This review is based on the information you have submitted thus far. In order to meet all Zoning Ordinance requirements, the following issues must be addressed: The required setback along a side street lot line in the R-1 district is 25 feet from the property line. Your plan identifies a 20' setback from the property line adjacent to Industrial Circle. This setback must be increased to 25 feet. In order to determine the required number of parking spaces, you must provide the following information: · The number of classrooms in the building ~r; · The type of school (elementary, junior high, or senior high) · The number of seats in the main assembly hall. The parking requirements will be based on the highest use. For example, if the church requires more parking than the school, that will be the number used. On March 22, 2002, I sent you additional comments concerning this plan. To date, we have not received any information addressing these comments. This information is required in order to complete our review. I am attaching these comments to this letter for your information. As soon as we receive additional plans, we will continue our site plan review, Please remember that all plans must be submitted to me and I will forward them to the other City staff as appropriate. Thank you for your attention to this matter. If you have questions relative to the review process or related issues, please contact me directly at 952-447-4230. 1:\02files\02cup\02-22 baptist\5-15 comments,doc Page 1 16200 Eagle Creek Ave. 5.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Sincerely, Enclosure cc: Myron Will, Prior Lake Baptist Church DRC Members 1:\02files\02cu p\02-22 baptist~5-15 comments.doc Page 2 FILE COPY TO: FROM: DATE: RE: Sue McDermott, City Engineer Jane Kansier, Planning Coordinator June 17, 2002 Prior Lake Baptist Church Site Plan Attached are revised plans and storm water calculations (3 sets) for the Prior Lake Baptist Church addition. Please review these plans and let me know your comments. I would appreciate receiving any comments you have by Friday, June 28, 2002. Thanks for your help. Attachment l:\02files\02cup\02-22 baptist\rev plans.doc May 6, 2002 Ms, Sue McDermott, P.E. City Engineer City of Prior Lake 16200 Eagle Creek Ave. SE Prior Lake, MN 55372-t714 WILLIAM H. McCOMBS Profesfflonal Engineer 11705 54th Avenue North Plymouth, Minnesota 55442-1839 Phone & Fax (763)559-4062 e-mail mceombs~spacestar, net Subject: Prior Lake Baptist Church Classroom Addition Dear Ms. McDermott: We are attaching the design calculations for determining the mount of storm water storage required to meet the requirements of the City and County. You will note that because of the small amount of new hardeover added, the TR-55 program did not exactly fit the need, as a safety measure, storage to handle the total projected runoff from the increased hardcover is being provided. This shows the runoffto be less than the design used. This seems to be ve~ adequate from several standpoints. The water will flow over a grass yard for about 200 feet before it flows into the storage area, since this is sandy soil most of the runoff will probably seep into the yard. Therefore, we do not believe any further water quality treatment is needed. After the over the lawn flow, any contaminants should be removed by the grass. An emergency overflow is provided in the infiltration pond. This process should meet all of the recommendation for Best Management Practices. We have attached the infiltration test performed on the pond site. We have also attached the cost estimate of the watermain and ask that this be accepted for cost sharing with the City. We believe that the attached design criteria and the plans and specifications are all you will need for approval of this project. If anything else is needed, please advise. Ve~ truly, yours, William McCombs PE Professional Engineer 11705 54th Avenue North Plymouth, Minnesota 55442-1839 Phone & Fax (763)559-4062 e-mail mccombs~spacestar, net Design of Storm Water Storage System Prior Lake Baptist Church Addition Revised May 2, 2002 Tabulation and description of data to determine the mount of storm water storage and infiltration area needed to meet the City's and County% requirement that future runoffnot exceed the runoff currently leaving the site. Total Site Area 6.131 acres Total Existing Grassed Area 4.499 acres Total Existing Impervious Area (71,120 SF) 1.632 acres Existing Impervious Area Removed (I,053 SF) 0.02 acres New Impervious Area to be Constructed (10,020) 0.23 acres Net Increase in Impervious Area (8,976 SF) 0.21 acres The building is a gabled roof with one half the roof area drainage east. this make it difficult to direct to the proposed pond location. Therefore, an equal amount of runoff from the existing building is being directed to the pond ( see drainage area layout) Soil Type B Rainfall Type II Rainfalls From Attached TR-55 runs 2 year 24 hour 2.8" 10 year 24 hour 4.2" 100 year 24 hour 6.0" Qo from existing site for 100 year storm is 20 cfs Qi from the post expansion site for 100 year storm is 21 cfs For determining storage requirements: Q~Qo = 0.9 TR-55 program does not work at a ratio above 0.8 Using projection of the published TR-55 curves yield a storage volume of 0.14 acre-feet or 6100 cubic feet. Page 2 Prior Lake Baptist Chumh Storm Water Storage Since the above calculation is based on curve projections, and therefore of questionable accuracy, it was decided to determine the total runoff due to new hardcover as a check. Total Q for 24 hours = 8967 SF x 0.5 feet of rain x 0.9% of runoff-- 4035 CF or 0.09 acre-feet Using the higher method; total storage required for the proposed addition is 6,100 cubic feet DETERMINATION OF INFILTRATION AREA Attached percolation tests show the average infiltration rate of 1.2 minutes/inch The volume of water to be infiltrated is 4100 cf Size of infiltration area 2050 sf Time required to dispose of the water 0.5 hours Since the design storm is 24 hours in duration and the water drains across 30,000 sf of lawn (infiltration rate of 1.2 minutes per inch) before it reaches the pond, it is possible that on a 24 hour storm very little water will reach the ponds. However, if we assume the ground is frozen as in a snow melt, the provided storage of 6" of runoff in 24 hours will more that meet the snow melt requirements. GRAPHICAL PEAK DISCHARGE METHOD Version 2.10 Project : Prior Lake Baptist Church County : Scott Subtitle: POST_EXPANSION State: MN Data: Drainage Area : Runoff Curve Number : Time of Concentration: Rainfall Type : Pond and Swamp Area : 6.13 * Acres 72 * 0.25 Hours II NONE Storm NL*mber 1 : 2 : 3 Frequency (yrs) 24-Hr Rainfall (in) Ia/P Ratio Runoff (in) Unit Peak Discharge (cfs/acre/in) Pond and Swamp Factor 0.0% Ponds Used 2 '10 100 2.8 :4.2 6.0 0.28 0.19 0.13 0.69 1.60 2.99 0.999 1.074 1.119 1.00 1.00 1.00 Peak Discharge (cfs) : 4 11 21 * - Value(s) provided from TR-55 system routines User'. Checked: WHM Date: 01-03-2002 Date: TIME OF CONCENTRATION AND TRAVEL TIME Version 2.10 Project : Prior Lake Baptist Church User: WHM Date: 01-03-2002 County : Scott State: MN Checked: Date: Subtitle: POST_EXPANSION .................................. Subarea #2 ................................. Flow Type 2 year Length Slope Surface n Area Wp Velocity Time rain (ft) (ft/ft) code (sq/ft) (ft) (ft/sec) (hr) Sheet 2.8 200 .08 f 0.254 Time of Concentration = 0.25* --- Sheet Flow Surface Codes --- A Smooth Surface F Grass, Dense B Fallow (No Res.) G Grass, Burmuda C Cultivated < 20 % Res. H Woods, Light D Cultivated > 20 % Res. I Woods, Dense E Grass-Range, Short J Range, Natural --- Shallow Concentrated --- --- Surface Codes --- P Paved U Unpaved RUNOFF CURVE NUMBER COMPUTATION Version 2.10 Project : Prior Lake Baptist Church User: WHM Date: 01-03-2002 County : Scott State: MN Checked: __ Date: Subtitle: POST_EXPANSION Subarea : 6.131 Hydrologic Soil Group COVER DESCRIPTION A B C D Acres (CN) FULLY DEVELOPED URBAN AREAS (Veg Estab.) Open space (Lawns,parks etc.) Good condition; grass cover > 75% - 4.29(61) - - Impervious Areas Paved parking lots, roofs, driveways - 1.84(98) Total Area (by Hydrologic Soil Group) 6.13 SUBAREA: 6.131 TOTAL DRAINAGE AREA: 6.13 Acres WEIGHTED CURVE NUMBER: 72* * - Generated for use by GRAPHIC method STORAGE VOLUME FOR DETENTION BASINS Version 2.10 Project : Prior Lake Baptist Church County : Scott state: MN Subtitle: POST_EXPANSION Drainage Area: 6.13 Acres Rainfall-Type: II Runoff: 3.0 inches Peak Inflow: 20.53 cfs Peak Outflow: 16.40 cfs Detention Basin Storage Volume: User: WHM Date: 01-03-2002 Checked: Date: Rainfall Frequency: 100 years 0.53 inches or 0.3 acre feet GRAPHICAL PEAK DISCHARGE METHOD Version 2.10 Project : Prior Lake Baptist Church County : Scott Subtitle: PRE-EXPANSION State: MN Data: Drainage Area : Runoff Curve Number : Time of Concentration: Rainfall Type : Pond and Swamp Area : 6.13 * Acres 71 * 0.25 Hours II NONE Storm Number 1 Frequency (yrs) 2 24-Hr Rainfall (in) 2.8 Ia/P Ratio 0.29 Runoff (in) 0.65 Unit Peak Discharge 0.988 (cfs/acre/in) Pond and Swamp Factor 1.00 0.0% Ponds Used Peak Discharge (cfs) 4 : 10 20 2 3 10 100 4.2 6.0 0.19 0.14 1.53 2.90 1.066 1.113 1.00 1.00 * - Value(s) provided from TR-55 system routines User: Checked: Date: 01-03-2002 Date: TIME OF CONCENTRATION AND TRAVEL TIME Version 2.10 Project : Prior Lake Baptist Church User: WHM Date: 01-03-2002 County : Scott State: MN Checked: __ Date: Subtitle: PRE-EXPANSION .................................. Subarea #2 ................................. Flow Type 2 year Length Slope Surface n Area Wp Velocity Time rain (ft) (ft/ft) code (sq/ft) (ft) (ft/sec) (hr) Sheet 2.8 200 .08 f 0.254 Time of Concentration = 0.25* --- Sheet Flow Surface Codes --- A Smooth Surface F Grass, Dense B Fallow (No Res.) G Grass, Burmuda C Cultivated < 20 % Res. H Woods, Light D Cultivated > 20 % Res. I Woods, Dense E Grass-Range, Short J Range, Natural --- Shallow Concentrated --- --- Surface Codes --- P Paved U Unpaved RUNOFF CURVE NUMBER COMPUTATION Version 2.10 Project : Prior Lake Baptist Church User: WHM Date: 01-03-2002 County : Scott State: MN Checked: __ Date: Subtitle: PRE-EXPANSION Subarea : 6.131 Hydrologic Soil Group COVER DESCRIPTION A B C D Acres (CN) FULLY DEVELOPED URBAN AREAS (Veg Estab.) Open space (Lawns,parks etc.) Good condition; grass cover > 75% Impervious Areas Paved parking lots, roofs, driveways - 4.5(61) - 1.63(98) Total Area (by Hydrologic Soil Group) 6.13 SUBAREA: 6.131 TOTAL DRAINAGE AREA: 6.13 Acres WEIGHTED CURVE NUMBER: 71, * - Generated for use by GRAPHIC method JUN On. Site Services~..~ FAX COVER SHEET Ap~-18-02 03:35P On-Site Services of ~ 2 Ap~-18-02 03:35P On-SJ~e Services o~ HN 952-469-1242 P~03 PI~RCOI,ATI{~II TJ'~'t I)AT~ SII~,I~ , D~peh o~ holt bottom, ~--~-/ Depth o[ m-s:i, zed gt~veX 4n hot. rom oE hole, .. / Jor. h~.e. start:JAg a~ c;~.~ .... ~. Hox~Jmm vatlr depth above ho~ b~%gom Time perco].aCJ, otL Tim XaG¢cval, Ii~ucemeGCs Dzop ~ water PcYco~og~,o~ rate - ~/~ --ELt~U~CU pCC inch. iU L Apr- 18-02 952-469-1242 P. 04 , I)epch o[ ho:Xc boccon, ..~/*-/ inchcG. Ap~-18-02 03=36P On-Site Services of )ii 952-469-1~4~ P.05 ,Dcpth of hole bottom, ~ Lnchc.s. a~chod of scratchiuq sidevaX1 ~'J~; ;~ I~ ~- . . ~p~h of pz~sX~ed gravel X~ bottom o~ hole, / , , ~. 5 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 Date: July 3, 2002 Number of pages including cover sheet: To: KurtLeibenow Dennis Batte¥ & Associates Phone: 763-560-6814 Fax phone: 763-560-1090 CC: From: Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: Fax phone: (952) 447-9810 (952) 447-4245 REMARKS: [] Urgent [] For your review [] Reply ASAP [] Please conmaent Attached are the Engineering comments on the revised plans for the Prior Lake Baptist Church. I will fax additional comments on Monday, July 8, 2002. WSB Memorandum Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake John Mackiewicz, Water Resource Specialist WSB & Associates, Inc. July 1, 2OO2 Review of Prior Lake Baptist Church Expansion Plans WSB Project No. 1430-04 As requested, we have completed our water resource review of the Prior Lake Baptist Church expansion plans dated June 17, 2002. Based on our review, we offer the following comments: General Comments 1. This site is located in close proximity to Markley Lake, a land locked basin (see attached figure). Because of past litigation involving Markley Lake the design criteria for this plan should include no net increase in runoff volume to the lake rather than maintaining discharge rates. Storm Water Management Comments 1. On Sheet 1, it appears that the building expansion extends outside of the existing easement. This should be clarified by the project proposer. 2. Detail 2 on page C1 indicates that the slope of the walls in the infiltration and treatment ponds is 1:5. This should be changed to 5:1. In addition to this, the infiltration pond shown on the plan appears to have a side slope of 2.5:1. Please correct the plan so that the ponds in the detail match those shown on the Site Drainage and Utility Plan,. 3. A detail of where the outlet pipe ties into the existing catch basin should be included with the plan. 4. Please remove the PVC pipes that outlet the treatment pond into the infiltration basin. This pond can be outlet into the infiltration pond by over land flow. This will provide Sue McDermott, P.E. July 1, 2002 I additional dead pool. Please indicate the low point between the pond and the infiltration basin on the plans. 5. A landscaping plan should be provided for the pond and infiltration area. The landscaping plan should incorporate plant species that can withstand the anticipated hydrologic regimes of the pond and infiltration area. .~,&~9~¢ ~k.; ! 6. Provide a maintenance / monitoring agreement with the city to ensure the system will continue to function in perpetuity. This agreement shall indicate: The developer must implement a monitoring program to demonstrate that the infiltration basin continues to provide adequate infiltration capacity in the future. If the average infiltration rate of the basins falls below .6 inches/hour the owner needs to increase the infiltration capacity of the site either by increasing the area of the infiltration basins or by removal of silt to increase the infiltration rate. The monitoring program will require that a staff gage be installed and that readings be taken after storm events in order to establish whether the basin continues to provide the required infiltration rate. The results of the monitoring program shall be submitted to the city on an annual basis by November 1st. The developer shall provide a maintenance agreement with the city that is recorded with the parcel that outlines the monitoring and maintenance responsibilities that will be tied to the operation of the storm water management system. This concludes our review of the Prior Lake Baptist Church expansion project. If you have any questions or need additional information, please feel free to call me at (763)287-7194. Dave Hutton, P.E., WSB Pete Willenbring, P.E. WSB C.-I WINDOWSITemporary lnternet FileslOLK3941062802sm.doc FILE COPY July 10, 2002 Dennis Batty & Associates Architects Attention: Kurt Liebenow 6860 Shingle Creek Parkway Suite 106 Minneapolis, MN 55430 RE: Additional Review Comments, Prior Lake Baptist Church Addition Dear Mr. Liebenow: I have completed review of the revised site plan for the Prior Lake Baptist Church addition. The proposed addition appears to meet the requirements of the Zoning Ordinance. However, the following comments must be addressed before we can approve this plan. 1. The survey and the site plan do not match. These plans must be consistent with one another. 2. The impervious surface calculations must be completed by a registered land survey. An Impervious Surface Calculation Worksheet is attached for your use. 3. A development contract for the planned water main extension must be approved by the City Council. IN order to prepare this contract, you must submit detailed construction plans for the water main and an engineer's estimate of the construction costs. 4. The comments from WSB Associates, dated July 1,2002, must be addressed and the plans revised accordingly. These comments were faxed to you on July 3, 2002. I am enclosing an additional copy for your information, As soon as we receive revised plans, we will continue our review, Please remember that all plans must be submitted to me and I will forward them to the other City staff as appropriate. Thank you for your attention to this matter. If you have questions relative to the review process or related issues, please contact me directly at 952-447-4230. I:lO2fiieslO2cup\02-22 l~aptist~additiona~ comments2.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Sincerely, r ! . J~~ane Kansier, AICP "' Planning Coordinator Enclosure CC: Myron Will, Prior Lake Baptist Church DRC Members I:\02files\O2cup\02-22 baptist~3~iditional comments2.doc Page 2 CITY OF PRIOR Impervious Surface Calculations (To be Submitted wi~ Building Pe-'anit Application) For A2i Properties Located in ~e Shoret~nd Distil'ct (SD). The Ma.xJmum Lmpervious Surface Coverage Permitted in 30 Percent. Property Address Lot A. rea Sq. Feet x 303/0 = .............. HOUSE ATTAC [-[ED G.~RA GE LENGTH WIDTH SQ. FEET X = X X TOT.-5~L PRINCIPLE STRUCTURE ...................... DETACHED BLDGS x (Garage/Shed) X TOTAL DETACH'ED BUILDINGS ....................... DPTVEWAY/PAVED AREAS (Driveway-paved or not) (Sidewalk~P~rking Areas) PATIOS/PORCHES/DECKS (Open D¢ck~ '/," min. opening bet'.v~n boards, with a p¢,'wious surface betow. are not considered to be impervious) TOTAL DECKS ........................................................ OTHiER x = X = T O T.x~L OTI-~ R. ...................................................... TOTAL IM?ERVIOUS SURFACE UNDER/OVER Prepared By Date Company Phone & ~ls$ociates, Inc. Metnorandum From: Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake John Mackiewicz, Water Resource Specialist WSB & Associates, Inc. July 1, 2002 Review of Prior Lake Baptist Church Expansion Plans WSB Project No. 1430-04 As requested, we have completed our water resource review of the Prior Lake Baptist Church expansion plans dated June 17, 2002. Based on our review, we offer the following comments: General Comments 1. This site is located in close proximity to Markley Lake, a land locked basin (see attached figure). Because of past litigation involving Markley Lake, the design criteria for this plan should include no net increase in runoff volume to the lake rather than maintaining discharge rates. Storm Water Management Comments 1. On Sheet 1, it appears that the building expansion extends outside of the existing easement. This should be clarified by the project proposer. 2. Detail 2 on page C1 indicates that the slope of the walls in the infiltration and treatment ponds is 1:5. This should be changed to 5:1. In addition to this, the infiltration pond shown on the plan appears to have a side slope of 2.5:1. Please correct the plan so that the ponds in the detail match those shown on the Site Drainage and Utility Plan.. 3. A detail of where the outlet pipe ties into the existing catch basin should be incladed with the plan. 4. Please remove the PVC pipes that outlet the treatment pond into the infiltration basin. This pond can be outlet into the infiltration pond by over land flow. This will provide Sue McDermott, P.E. July 1, 2002 additional dead pool. Please indicate the low point between the pond and the infiltration basin on the plans. A landscaping plan should be provided for the pond and infiltration area. The landscaping plan should incorporate plant species that can withstand the anticipated hydrologic regimes of the pond and infiltration area. 6. Provide a maintenance / monitoring agreement with the city to ensure the system will continue to function in perpetuity. This agreement shall indicate: o The developer must implement a monitoring program to demonstrate that the infiltration basin continues to provide adequate infiltration capacity in the future. If the average infiltration rate of the basins falls below .6 inches/hour the owner needs to increase the infiltration capacity of the site either by increasing the area of the infiltration basins or by removal of silt to increase the infiltration rate. o The monitoring program will require that a staff gage be installed and that readings be taken after storm events in order to establish whether the basin continues to provide the required infiltration rate. o The results of the monitoring program shall be submitted to the city on an annual basis by November 1st. o The developer shall provide a maintenance agreement with the city that is recorded with the parcel that outlines the monitoring and maintenance responsibilities that will be tied to the operation of the storm water management system. This concludes our review of the Prior Lake Baptist Church expansion project. If you have any questions or need additional information, please feel free to call me at (763)287-7194. Dave Hutton, P.E., WSB Pete Willenbr/ng, P.E. WSB C', ~VI~VDOWS Temporal, Internet FileslOLK394106280.sm doc FROM : Carlson PHONE NO. : 612 447 6139 Jul. ii 2002 10:i4AM Pi Fax Cover Sheet Date: To: Attn: ~ o,f-. eL Fax,,; From: Fax: Pages including co¥¢r: O,-% FROM ~ Carlson PHONE NO. : 612 44? 6159 CI~ OF ?RIOR I~ Jul. 11 2002 10:iSAM P2 _AGRERlV~NT FOR MONITOR~G AND MA]~'t' .~A~C~ PLAN FOR B~It~NS BUS COMFANY STORAGE LOT THIS AGR]KE~I~NT b .,,,a~ ' day of 2002 by and bezwean ~e (~l ~' OF P~0R LAK]~, · ~t~ mtmic~pal oorporatic~, om~ unde~ tbs laws ~__d~i~t~ ' ~ , . "CITY'jk smd ~S'aUS =orpomt~ ~tized. t~ t.be l-we ~fth.- t,~,~ of l.~[fn~ota ' R~ClTAL$ ~I~, lia...D~lrEI.OPlf~, ha~ om~osed coll~ctlng ~ b~ .to~A= Lot oa p~pcz~y wi_'mt, a l,=dl.-~l w~tol~ixl bMin {"BA~I~3: and ~R~, ~n ev.l-ntln · the c=nslruaien ore proi~-'t v, iRti~ ,, BA,,S~.. II~e CITY the ~_ ~_,'L-t~l~,~, of ~dtlF,~. ;nfli'~'-~n-'o"~/St.o~ ~r~m cava~it'y.i.~ an ~rnoo~t stormwat~r ~t ' cile' ·"" · t;le...~D~V'I~O~ has itt~ alan for i~ FROM : Carlson PHONE NO. : 612 ~.47 615S Jul. ll 2002 04~ i?PM P2 NOW T]]~REFOP, E? hanoi o~ ~mu~ ~ ~v~ ~t ~o~ ~erei~ ~ ~u~i~, ofw~cb ia not d~. ~e o~{~ hereto ~ ~ foUo~i f~ ~e co~fio~ m~ ~ ~CC of ~ i~on of a sto~wa~cr ~2.~, ~ ~~ls ~ ~ ~e ~ ~, .D~pfl~ of~ ~J~c~ ~.D~LOP~ h ~nS~K a~, sW~c lot on 1~ leggy desc~b~ ~ ~bit A. ~bk A is ~ow~ted ~c~ U ii ~1~ ~, l, ~c ~YS~M ~11 be cops~c~ ~ acco~ce ~ ~l~ ~ ~k ap~ov~ ~d issued by ~e CITY, ~s d~ of~e ~Y~ ~11 ~ot be ~ t~ten~ SYSTEM- ~,1, _~e D~P~ ~ sole~ ~o~ible for ~c ~t~c~ of~e ~YS~M ~ ~o ~t ~e ~YSTB~I con~u~ ~ ~te at le~t ~ ~m & onkyO, ~ent~-fo~ ho~ ~1 ev~t ~,2, _. ~.~t ~m~l~ ~ a ~4-t~c~ ~1~ ~r~d by a ~ ~d ~y o~ work d~m~ u~ to ~e ~ p~ ~cfion ~6.1. ~= DE~LOPBR m~t ~lcm~t a ~O~tofi~ pro~ w d~o~etc ~ ~C ~YST~ con~nu=s to p~de ~e~e }tp~ai~ nd FROH : Carlson PHONE NO, : 6&2 447 6139 Sul. 11 2002 10:16RM P4 Sul. ~ 2~2 [2:32Pd P4 FROM : Caclson PHONE NO. : 612 447 6139 JUL IU, ZUUZ Zl~r~ Jul...~l 2002 10:i?AM P5 should time within Which the DEVELOPER nlust cu~e the default, which be not ls~s th~n 48 llou~s; except th~ i~ tl~e evezl~ ... FROM : Carlson PHONE NO. : 612 447 61~9 Jul. 11 2002 10:l?AM P6 DRAFT ~,11. Ree~rdm-- The t~P,~DNVELOPIL~ shall ea~ ~ ~~ ~ be ~.d ~st ~ ~m~ lc~aUv of ~ D~OP~ ~n~go~ s~ ~ ~ ~s ~G~, ~clud~ but sole ~blh~ of ~ l~xe~uied by the psi'des ~ OF P~OR By: ]~k G. Hau~ ~7~ ' FROM : Carlson PHONE NO. : 612 44? 6159 Jul. 11 2002 10:iSAM PT By: STAT~ O~MINN~SOTA ) COUNTY O~ SCOTT. ) N(Yl'AI~.Y IrL~T ~C The ~gotus i~mm~ was sclmowledsed b~ m~ this d~y cf ~0o2...---, ~ Jane Kansier From: Sent: To: Subject: Bob Hutchins Thursday, July 18, 2002 12:02 PM Jane Kansier pi babtist church FYh have recieved one print of the church addition. Bob CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 Date: July 18, 2002 Number of pages including cover sheet: 4 To: Kurt Leibenow Dennis Batty & Associates Phone: 763-560-6814 Fax phone: 763-560-1090 CC: From: Jane Kansier Planning Coordinator City of Prior Lake 16200 Ea~le Creek Avenue SE Prior Lake, MN 55372 Phone: Fax phone: (952) 447-9810 (952) 447-4245 REMARKS: [] Urgent [] For your review [] Reply ASAP [] Please comment Attached are the final comments on the Prior Lake Baptist Church plans. These comments, along with the comments in my letter of July 10, 2002, must be addressed. My letter of July 10th mentions the need for estimates. I have checked our files and located a copy of the estimates you sent. I am also working with Randy Quiring at Prior Lake Baptist Church on the maintenance and monitoring agreement. I also spoke with our consultant about the required landscaping in the infiltration area. They are concerned that Kentucky Bluegrass will not establish properly in this area. They suggested a MN DOT 25B seed, which will establish in a wet area. Thank you for your attention to this matter. Please let me know if you have any questions. DATE: TO: FROM: RE: July 18, 2002 Jane Kansier, Planning Coordinator Larry Poppler, Assistant City Engineer Prior Lake Baptist (Project #02-35) The Engineering Department has reviewed the plans for the subject project and we have the following comments: General 1. Follow design standards in the Prior Lake Public Works Design Manual (PWDM). 2. Organize plan sheets: Title sheet, typical sections and details sheet, survey sheet, site plan, grading plan, utility plan, landscape plan, Architect plans. 3. Parcels not properly labeled. 4. Industrial Circle noted incorrectly. 5. Existing utilities incomplete or inconsistent. Show all utilities. Watermain shown differently from sheet to sheet. 6. North arrows missing on some pages. 7. Benchmarks not labeled and should be noted on each Civil sheet. 8. Title block should follow the standards in the PWDM. This should include the city project number #02-35. 9. Engineering symbols should be changed to match typical engineering symbols used in the city. 10. Project location map not shown. Follow standards in PWDM. 11. Follow overall plan requirements in the PWDM. 12. Size and material not shown for watermain. 13. The drafting standards for utility line types should follow Civil engineering standards and standards outlined in the PWDM. 14. Use City of Prior Lake details from the PWDM. These details are available in digital format. 15. As standard practice proposed construction should be highlighted using bold annotation. L:\02FILES\02cup\02-22 BAPTIST~eng review2.DOC 16. Items in survey don't show up or don't match C1. 17. Need to provide design section for Industrial. 18. Show description of the pond easement on the site plan. Grading / Erosion Control 1. Show adjacent plats, parcels, property lines, streets, easements, and appurtenances. 2. Provide signature and phone number of company responsible for erosion control. 3. Extend existing contours 200 feet beyond the property lines. 4. State HWL and NWL for ponds. 5. Show emergency oven3ow routes for drainage. 6. Show limits of clearing and grading. 7. Add note stating that the silt fence should be installed by the contractor and inspected by the City prior to any site work. 8. Minimum lot grading should be 2% or greater. 9. Provide note stating that slopes greater or equal to 1:4 should have erosion control blanket installed immediately after finished grading. 10. The top berm elevation of the sediment pond should be a minimum of one foot higher than the HWL for the pond. A bench should be shown in the pond area. 11. Contours are a bit confusing. Need to show proposed in bold. 12. Provide construction limits. 13. Show door locations and roof drain locations on the proposed building. Provide spot elevations at all doors. 14. Show spot elevations on all proposed sidewalks. Use blowups if necessary. 15. Show invert elevations and aprons for pipe in pond. Watermain 1. Need to show all existing and proposed hydrants at proper spacing outlined in the PWDM. 2. Pads of the watermain are missing on the plan. 3. Dead-end lines should be secured with a gate valve at least 40' from the plugged end. 4. Prior Lake details should be used for all applicable design items. 5. Show services to the building including any new services to the proposed addition. Please contact me if you have any questions regarding these comments or would like the City details in digital format. DENNIS BATTY & ASSOCIATES GROUP, INC. ARCHITECTS & ENGINEERS 6860 Shingle Creek Parkway #106 MINNEAPOLIS, MINNESOTA 55430 TO (763) 560-6814 FAX (763) 560-1090 WE ARE SENDING YOU > [~h~tached [] Under separate cover via the following items: [] Shop drawings j~Prints [] Plans ~ Samples [ I Specifications [~ Copyofletter ~ Change order ~ !I~A.?~'~_ ,/l~'~a~. _ , . ~,~rL/~t. IL4~,T] ~..t. - r COPIES DATE NO. DESCRIPTION THESE ARE TRANSMI~ED a~ecked below: ~:~ 7 [~For approval ~1~' For your use [] As requested For review and comment [] FOR BIDS DUE Approved as submitted Approved as noted Returned for corrections [] Resubmit [] Submit FI Return copies for approval copies for distribution corrected prints PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO If enclosures are not as noted, kindly notif~ CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 Date: August 8, 2002 Number of pages including cover sheet: 3 To: Kurt Liebenow Dennis Batty ~ Associates Phone: 763-560-6814 Fax phone: 763-560-I 090 CC: From: lane Kansier Planning Coordinator City of PfiorLake 16200 Eagle Creek Avenue SE Prior Lake~ MN 55372 Phone: (952) 4a,7-9810 Fax phone: (952) 447-4245 REMARKS: [] Urgent [] For your review [] Reply ASAP [] Please conmaent Attached are the Engineering comments on the revised plans. There are still minor changes required before we can prepare the necessary development agreements. I have starred the items that must be completed for these agreements. The other items can be handled in the interim. If you can return revised plans with the necessary changes to me by next week (August 12, 2002), we can prepare a development contract and schedule this matter for the September 9, 2002 City Council meeting. Thank you for your attention to this matter. Please let me know if you have any questions. Memorandum ~rom: Date: Re: Larry Poppler, P.E., Assistant City Engineer City of Prior Lake John Mackiewicz, Water Resource Specialist WSB & Associates, Inc. August 12, 2002 Review of Prior Lake Baptist Church Expansion Plans [FSB Project No. 1430-04 As requested, we have completed our water resource review of the Prior Lake Baptist Church expansion plans dated August 1, 2002. Based on our review, we offer the following comments: General Comments 1. This site is located in close proximity to Markley Lake, a land locked basin (see attached figure). Because of past litigation involving Markley Lake, the design criteria for this plan should include no net increase in runoffvolume to the lake rather than maintaining discharge rates. Storm Water Management Comments 1. On Sl~eet/l/~he~'ng ~ends out. gidex of the.~ting easerd*~. This"gqf'ould be"el~arified b'y'ffie project pro os~ ~ The infiltration pond shown on the Site Drainage and Utility Plan has a side slope of 2.5:1. Thisldoes/rm{ correspond to the detail and exceeds the maximum recommen~:l~ide s]Rpe for po~infil~atijzfi"'~, eleas?.....c, orrect the plan so that the ponds i~ose hhmwfon the Site~3firnage and Utility Plan. 3. Provide a maintenance / monitoring agreement with the city to ensure the system will continue to function in perpetuity. This agreement shall indicate: The developer must implement a monitoring program to demonstrate that the infiltration basin continues to provide adequate infiltration capacity in the future. If the average infiltration rate of the basins falls below .6 inches/hour Sue McDermoH, P.E. August 12, 2002 0 0 the owner needs to increase the infiltration capacity of the site either by increasing the area of the infiltration basins or by removal of silt to increase the infiltration rate. The monitoring program will require that a staff gage be installed and that readings be taken after storm events in order to establish whether the basin continues to provide the required infiltration rate. The results of the monitoring program shall be submitted to the city on an annual basis by November 1st. The developer shall provide a maintenance agreement with the city that is recorded with the parcel that outlines the monitoring and maintenance responsibilities that will be tied to the operation of the storm water management system. This concludes our review of the Prior Lake Baptist Church expansion project. If you have any questions or need additional information, please feel free to call me at (763)287-7194. Dave Hutton, P.E., WSB Pete Willenbring, P.E. WSB CADocuments and Settings~Jane~Local SettingsITemporary Internet FilesOLK41OS l 20 2lp_BC. doc DATE: TO: FROM: RE: August 7, 2002 Jane Kansier, Planning Coordinator Larry Poppler, Assistant City Engineer Prior Lake Baptist (Project #02-35) The Engineering Department has reviewed the plans for the subject project and we have the following comments: General 1. It remains difficult to determine the proposed improvements versus existing features. Screen the existing features to highlight proposed improvements. The text for some of the bold is difficult to read. 2. Benchmarks not labeled and should be noted on each Civil sheet. 3. Engineering symbols should be changed to match typical engineering symbols used in the city. Remove the w from the watermain symbols. 4. Survey should show the catch basin elevations at the northeast corner of the site. The storm sewer for this catch basin should also be shown. 5. The survey doesn't show the overhead power lines or the power service to the building. 6. Use bar scales on all sheets. 7. Please handle any additional comments from WSB as they are available. 8. Check with gas provider that the gas service can be left as proposed. 9. Show legend for utilities, easements, setbacks, property lines, contours, construction limits, and silt fence. Grading / Erosion Control 1. State HWL and NWL for ponds. ,~, 2. Show emergency overflow inverts for piping. Need to show a detail for the connection to the existing catch basin. 3. Add note stating that the silt fence should be installed by the contractor and inspected by the City prior to any site work. C:XDocurnents and SettingsXJane~Local Settings\Temporary Intemet Files\OLK4~R.EVIEW3.DOC ,~ 4. Minimum lot grading should be 2% or greater. Revise areas that are less than 2%, 5. The top berm elevation of the sediment pond should be a minimum of one foot higher than the HWL for the pond. ]j~> 6. The door on the west side of the proposed building should show the 947 contour west of the 947.23 elevation. Verify proper contouring throughout the plan the east side of the building shows similar issues. 7. Provide construction limits around entire area of construction. 8. Show more spot elevations on ail proposed sidewalks, Use blowups if necessary. 1" = 30' may be more appropriate for the C1 plan sheet, 9. Place silt fence detail on the detail sheet. 10. Remove the location map from page C1. Watermain 1. Show North arrow on sheet (;2. 2. Dead-end lines should be secured with a gate valve at least 40' from the plugged end. ,~ 3. A bend is needed at 0+50 to tie into the existing watermain, 4. The profile for the watermain shows a connection to new 6" watermain. This new 6" line is not shown on the plan. 5. Show an offset from Industrial Circle centedine to show where the watermain will be located. Please contact me if you have any questions regarding these comments. MelTIO To: Bud Osmundson, Public Works Director Larry Poppler, Assistant City Engineer Bob Hutchins, Building Official From: Jane Kansier, Planning Coordinator ~ Re: Pdor Lake Baptist Church Revised Plans Date: August5,2002 CC: DRC Members Attached are revised plans, including profiles for the water main extension, for the Pdor Lake Baptist church addition. I have tentatively scheduled the development agreement for this addition for Monday, August 19, 2002. Please review the attached plans and let me know your comments by Thursday, August 8, 2002. Thank you for your help in this matter. Please let me know if you have any questions. Enclosure 1A02files\02cup~02-22 bapfist~rev plans 2.doc 1 ~gL,-i$' 021THU) 08:15 PROBIq ENGI?4]q£RING CO CITY OF PRIOR LAI<_E Impervious Surface Calculations TEL:612 452 Z72~ P. UO2 For All Properties Located in the Shorehmd Dism'ct LENGTH wIDTH SQ. FEET HOUSE WOuSe : x . = /,~g~ A~AC~D G~GE x = TOT.~J. PRINCIPLE STRUCTURE ...................... DETACH'ED BLDGS C-'Y.15TI~t)O , x ?&s x 51o. TOTAL DETACH'ED BUILDTNGS ....................... /~, g 95; x = /. ZOO ,v. = / TOTA.L PAVED .4..-R.E.-k$ ......................................... - }'AUOS,T O RCHES,"D ECKS'- T OT.~-.L DE CXS.-. ...................................................... o'r~ P 8.0 eoseD AD O IT~OtO - .... "' = 7?sz- .~ = -~- TOTAL OTttER. ....................................................... TOTAL I~PERVIOUS SURFACE ~OVEK CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SEI PRIOR LA?EI MN 55372 Date: August 26, 2002 Number of pages including cover sheet: 12 To: P~ndy Quirlng Prior Lake Baptist Church Phone: 612-490-0541 Fax phone: 952-226-3771 CC: From: lane Kansler Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Laket I~IN 55372 Phone: (952) 447-9810 Fax phone: (952) 447-4245 REMARKS: [] Urgent [] For your review [] Reply ASAP [] Please comment Attached is the Development Contract for Prior Lake Baptist Church. Please review the contract and let me know if you have any questions or comments. Also attached is the Monitoring and Plaintenance Agreement. This item is scheduled for the September 3rd City Council meeting. In order to ensure we are on the agenda, ! will need your comments by Tuesday, August 27, 2002. If there are no problems with the contract, I will mail 2 originals for your signatures. These originals can be returned to me on Tuesday, September 3, 2002. Thank you for your prompt attention to this matter. Please let me know if you have any questions. FILE COPY August 28, 2002 Pastor Ronald Groschel Prior Lake Baptist Church 5690 Credit River Road Prior Lake, MN 55372 RE: Agreement for Monitoring and Maintenance Plan for Prior Lake Baptist Church and Development Contract for Oversizing of Watermain Dear Pastor Groschel: Enclosed are two original copies of the above agreement and development contract. Please sign the copies and return them to me by Tuesday, September 3, 2002. This item is scheduled for City Council approval at their next meeting (September 3, 2002). If you have questions relative to the review process or related issues, please contact me directly at 952-447-9810. Sincerely, ansier, AICP Planning Coordinator Enclosure 1:\02files\02siteplan\prior lake baptist~agree letter.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER August 29, 2002 Pastor Ronald Groschel Prior Lake Baptist Church 5690 Credit River Road Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the September 3, 2002, City Council meeting. The meeting will begin at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting or have any questions, please contact me at 447-9810. Sincerely, Jane A. Kansier Jane Kansier, AICP Planning Coordinator Enclosure I:~leptwork\blankffm~meetJrcc. doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Scott County Customer Service (952) 496-8150 # 214499 27-SEP-2002 REPRINT 27-SEP-2002 CUSTOMER PRIOR LAKE BAPTIST CHURCH A Filing Abstract Total for Fee FILE NUMBER OR NAME: PRIOR LAKE BAPTIST 2@ 20 00ea 4000 A Additional Pages Page Total for Fee Receipt Total Check Payment Total Change 6@ 1 00ea 6.00 46,00 4600 4600 0.00 [toring and Maintenance Plan for Prior Lake Baptist ,ment Contract for Oversizing of Watermain Dear Pastor Groschel: Enclosed is an executed copy of the above agreement and development contract. These copies must be recorded with the Scott County Recorders Office, and proof of recording, usually in the form of a receipt, submitted to the City. Once we receive proof of recording, we will officially approve your site plan and you may proceed with a building permit. In addition to proof of recording for the above documents, you must also provide proof of recording of the lot combination. This may take the form of written confirmation from Scott County that the two parcels have been combined and a single PID number issued for the parcel. If you have questions, please contact me directly at 952-447-9810. Sincerely, Planning Coordinator Enclosure l:\02files\02siteplan\prior lake baptist\record letter.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447 4230 / Fax (952) 447 4245 AN EQUAL OPPORTUNITY EMPLOYER September 17, 2002 Pastor Ronald Groschel Prior Lake Baptist Church 5690 Credit River Road Prior Lake, MN 55372 RE: Dear Pastor Groscheh Agreement for Monitoring and Maintenance Plan for Prior Lake Baptist Church and Development Contract for Oversizing of Watermain Enclosed is an executed copy of the above agreement and development contract. These copies must be recorded with the Scott County Recorders Office, and proof of recording, usually in the form of a receipt, submitted to the City, Once we receive proof of recording, we will officially approve your site plan and you may proceed with a building permit. In addition to proof of recording for the above documents, you must also provide proof of recording of the lot combination. This may take the form of written confirmation from Scott County that the two parcels have been combined and a single PID number issued for the parcel. If you have questions, please contact me directly at 952-447-9810. Sincerely, Planning Coordinator Enclosure 1:\02files\O2siteplan\prior lake baptist\record letter.doc Page 1 SCOTT COUNTY FINANCE DIVISION GOVERNMENT CENTER 200 FOURTH AVENUE WEST SHAKOPEE, MN 55379 (612) 496-8115 LEROY T. ARNOLI)I DEPARTMENT OF TAXATION, DIRECTOR Fax: (612) 496-8135 lamoldi~co.scott.mn.us http://www.co.scott.mn.us SCOTT COUNTY DEPT OF TAXATION ATTN: CINDY GEIS 200 4TH AVE W SHAKOPEE, MN 55379 PARCEL COMBINATION NAME: Prior Lake Baptist Church PLEASE COMBINE TA.~X,,_P ~ARCELS: 2.) 25-901-024-1 3.) 4.) I UNDERSTAND ALL TAXES CURRENT & DELINQUENT MUST BE PAID ! PRINT NAME SIGN NAM~.~x''~/ ~ (7-f~-"~) ~'//z 7 --2-,~ 2- ~ DAY PHONE NUMBER OFFICE USE ONLY OFFICE REQUEST RECEIVED REQUEST ENTERED ENTERED BY Assessor Date paid: Paid by: Pay Method: Trans No: SCOTT COUNTY 9/18/2002 PRIOR LAKE BAPTIST C Check # 23595 297323 Year Type Bill # Parcel Number 2002 RE 16898 259010241 Thank you for your payment, TONY DERHAAG, TREASURER Tax amount: Penalty amount: Interest amount: Additional Fees: Total paid: 607.00 .00 .00 .00 607.00 Tax Amount Paid in Rcpt# 607.00 Full 579839 PRIOR LJtKE BAPTIST CHURCH Scott County Customer Service (952} 496-8150 #212036 18-SEP-2002 CUSTOMER PRIOR LAKE BAPTIST CHURCH A Filing Abstract Total for Fee FILE NUMBER OR NAME: CHURCH A Non-standard Fee Fee Total for Fee FILE NUMBER OR NAME: CHURCH Receipt Total Cash Payment Total Change 1@ 20.00ea 20.00 1@ lO.OOea 10.00 30,00 30.00 30.00 0,00 DATE: TO: FROM: RE: September 5, 2002 Jane Kansier, Planning Coordinator Larry Poppler, Assistant City Engineer Prior Lake Baptist (Project #02-35) The Engineering Department has reviewed the plans for the subject project and we have the following comments: General 1. It remains difficult to determine the proposed improvements versus existing features. Screen the existing features to highlight proposed improvements. The text for some of the bold is difficult to read. Grading / Erosion Control 1. Provide construction limits around entire area of construction. Watermain 1. A bend is needed at 0+50 to tie into the existing watermain. 2. Show an offset from Industrial Circle centerline to show where the watermain will be located. CSDocuments and Settings\Jane~Local Settings\Temporary Internet Files\OLK4~EVIEW4.DOC Jane Kansier To: Craig EIdred Subject: Development Signs Craig: Please place "Development Signs" in the following locations: 1. Fountain Hills 2nd Addition. The sign should be located at the south end of the cul-de-sac of Fountain Hills Court, which is located on the west side of Pike Lake Trail, about 1/8 mile south of CSAH 42, and south of Fountain Hills Drive. 2. Red Cedar Heights. This property is located on the northeast side of Mushtown Road, between Pondview Trail and Toronto Avenue. The sign should be located on the northeast side of Mushtown Road, just off of the right-of-way. ~ ~'his property is located at 5690 Credit River Road, which is on the northeast side of CSAH ~~~l~'§~ss from the Maintenance Center. THe sign should be located at the driveway entrance to the church. I would appreciate it if you could have these signs in place sometime next week. Thank you for your help. Please let me know if you have any questions. Jane PRIOR LAKE STATE BANK ~XTENDED IRREVOCABLE LETTER OF CREDIT NO. 1336 City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 Dear Sir or Madame: EXPIRATION DATE: January 8, 2003 January 13, 2004 Prior Lake State Bank hereby establishes an Extended Irrevocable Letter of Credit in the amount of Two Thousand Seven Hundred and 00/100 ($2,700.00) U.S. Dollars in your favor for the period beginning January 8, 2003, and expiring January 13, 2004, for the account of Prior Lake Baptist Church of Prior Lake. This credit shall be available against your draft at sight on us accompanied by the original Letter of Credit. This Letter of Credit sets forth in full terms of our undertaking. Such undertaking shall not in any way be modified, sanended or b/nplified by reference to any docu/nent, instrument or agreement referred to herein or in which the Letter of Credit is referred to or to which this Letter of Credit relates. Any such reference shall not be amended to incorporate herein by reference any document, instrmnent or agreement. Your draft so drawn must bear this clause: "Drawn under Prior Lake State Bank, Prior Lake, Minnesota, Extended Irrevocable Letter of Credit dated January 8, 2003. We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn on and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. In connection herewith, we specifically waive our rights (if any) including but not limited to Section 5-122 (1) A & B of the UCC Code, to defer or delay honor of any sight draft. This Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credit (1993 Revision) International Chamber of Commerce Publication No. 500. Two Locations: RO. Box 369, 16677 Duluth Avenue SE, Prior Lake, MN 55372-0369 (952) 447-2101 FAX (952) 447-3337 14033 Commerce Ave NE, Prior Lake, MN 55372 www.priorlake.com Approved Plans L:\TEMPLATE~FILE1NFO.DOC September 17, 2002 Pastor Ronald Groschel Prior Lake Baptist Church 5690 Credit River Road Prior Lake, MN 55372 RE: Agreement for Monitoring and Maintenance Plan for Prior Lake Baptist Church and Development Contract for Oversizing of Watermain Dear Pastor Groschel: Enclosed is an executed copy of the above agreement and development contract. These copies must be recorded with the Scott County Recorders Office, and proof of recording, usually in the form of a receipt, submitted to the City. Once we receive proof of recording, we will officially approve your site plan and you may proceed with a building permit. In addition to proof of recording for the above documents, you must also provide proof of recording of the lot combination. This may take the form of written confirmation from Scott County that the two parcels have been combined and a single PID number issued for the parcel. If you have questions, please contact me directly at 952-447-9810. Sincerely, Planning Coordinator Enclosure 1:\02files\O2siteplan~pdor'lake baptist\record letter.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FILE C P¥ DEVELOPMENT CONTRACT FOR OVERSIZING OF WATER MAIN PRIOR LAKE BAPTIST CHURCH THIS CONTRACT is made this 3~ 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 l:\02files\02siteplan\prior lake baptist~development contract.doc 1 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 watermaln 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 of the watennain (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, inspection of the IMPROVEMENT by the CITY, as-built drawings, hold harmless and indemnification and CITY reimbursement to the CHUKCH 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. 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. Oversizing. 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 of locating 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. l:\02files\O2siteplan\prior lake baptist\development contract.doc 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 conu'actors 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 of IMPROVEMENT. 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. Warrant.. The CHURCH warrants the I/V[PROVEMENTS 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 $41,250.00, which number represents one hundred and twenty-five percent (125%) of the cost of the EViPROVEMENT. The warranty or maintenance bond shall remain in effect during the warranty period. 12. Insurance. The CHURCH, at its sole cost and expense, shall take out and ma'mtain or cause to be taken out and maintained, until the expiration of the warranty period on the IMPROVEMENT, public liability and property damage insurance coveting personal l:\02file$\02siteplan\prior lake baptist\development contract.doc 3 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 pohcy of $1,000,000 or more. 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 ail claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, includ'mg interest, penalties, and attorneys' fees, that the CITY incurs or suffers, wh/ch arise out of, result fi'om or relate to approval of the plans, issuance of the Pen-nit or any provision of this CONTRACT. The responsibility to indemnify and hold the CITY harmless fi.om claims arising out of or resulting fi.om 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 or 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 wkich 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 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 admin/strative 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 with/n 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 l:\02files\02siteplan\prior lake baptist\development contract.doc 4 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. Recording. 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 Assigns. 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. Assignment. 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 cour~ 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 parW 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 Par .ty Recourse. Third parties shall have no recourse against the CITY under this CONTRACT. 19.5. Governing 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: l:\02files\O2siteplan\prior lake baptisfldevelopmem contract.doc 5 By: Jack G..Hauggn, IV~yor Frank~, 7tY Manager Ronald H. Grosch~lfPastor/President TSm Lund~l, Secr~utry STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) the foregom ~t~ument was acknowledged before me ~s ¢~ d~y o~'~'~ 2002, by Jack G. Hauge~ Mayor, md by Fr~ Boyles, Ciw Mmager, of~CiW of Prior L~e, a ~esota m~cipal co~orafion, on behalf of ~e co~orafion md p~sumt to ~e au~ofi~ ~ted by i~ Ci~ Co~cil. ~e foregoing im~ent w~ ac~owledged before me ~s ~ day of 2002, by 9/~ .// . NOT~Y P~LIC Reviewed as to Form and Execution: 'g'u~'~-L~i~'Pace, City 2Xttomey HARVARD B. PRICE NOTARY PUBLiC-MINNESOTA DRAFTED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesola 55372 1:\02files\02siteplan\prior lake baptist\development contract.doc 6 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That part of the East ~/4 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 fight 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 3A 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 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 I 1 seconds West, along said East line of the West 30.00 feet of the East ~A of the Southeast Quarter of said Section 1, a distance of 418.59 feet to the point ofbegirming. Subject to County State Aid Highway No. 12 (21) over the southwesterly 33 feet thereof. l:\02files\O2siteplan\prior lake baptist\development contract.doc 7 EXHIBIT B EXHIBIT B ii! !i '" "'" '" ~'''' '~'H' i~I i' ~ ' ,'i EXHIBIT B I'al,-JJJ EXHIBIT B EXHIBIT B ® ® ® ® ® O J EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT C COST ESTIMATE FOR WATERMAIN PRIOR LAK~ BAPTIST CI~URC~I U'NITS COST/UNIT 6" watermain 8" waterm~n 6" Valves 8" Valves 6" Hydrants Fittings Wet Tap Gravel 20 LF $17.00/LF 700 LF 20.00/LF 3 550.00 ea 3 750.00 ea 2 1,600.00 ea lump sum I lump sum 300 CY 9.00/CY ESTIMATED CONSTRUCTION COST Contingencies Engineering, legal fees TOTAL ESTI3'IATED 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 EXHIBIT D SAMPLE CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: INSURED: ADDITIONAL INSURED: AGENT: City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1714 City ofPriorLake WORKERS' COMPENSATION: Policy No. Effective Date: Insurance Company: COVERAGE - Workers' Compensation, Statutory. Expiration Date: GENERAL LIABILITY: Policy No. Effective Date: Insurance Company: ( ) Claims Made LIMITS: [Minimum] Bodily Injury and Death: $1,000,000 for one person Property Damage: $500,000 for each occurrence Combination Single Limit Policy COVERAGE PROVIDED: Operations of Conlractor: YES Expiration Date: ( ) Occurrence $2,000,000foreach occurrence $1,000,000 or more 1:\02files\O2siteplan\prior lake baptist\development contract, doc 18 Operations of Sub-Conlractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? Yt~S Completed Operations/Products: YE~S Conlractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YE~S Damage Due to Collapse YE~S Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No. Effective Date: Expiration 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 INJI~rRy OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: Ifso, list: Amount: $ [Not to exceed $1,000.00] SHOULD ANY OF TFIE ABOVE DESCRIBED POLICFES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL TmRTY (30) DAYS WRITTEN NOTICE TO THE PARRIES TO WHOM THIS CERTIHCATE IS ISSUED. Dated at On BY: Authorized Insurance Representative l:\02files\02siteplan\prior lake baptist~evelopment contract, doc 19 EXHIBIT E 1VflNNESOTA STATUTES 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 writlen 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 council or 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. (e) 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 fi.om 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, if no 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 ora month. l:\02files\O2siteplan\prior lake baptist\development conU'act, 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 (d) The minimum monthly interest penalty payment that a municipality shall calculate and pay a vendor for the unpaid balance for any one 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. zta. Prompt payment to subcontractors. Each contract ora municipality must reqrfire the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment fi.om 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 of less 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 fi.om 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, consmiction, 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 237.01 that has on file with the public utilities commission an approved practice regard'rog late fees are not subject to this section. l:\02files\O2siteplan\prior lake baptistkievelopment contract.doc 21 AGREEMENT FOR MONITORING AND MAINTENANCE PLAN FOR PRIOR LAKE BAPTIST CHURCH THIS AGREEMENT is made this 3~ 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 ("CHU-RCH"). 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; WI-IEREAS, 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: l:\02files\02siteplan\prior lake baptist\monitor agreement, doc I 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 mauagement infiltration storage system ("SYSTEM"). 2. Recitals. The recitals set forth above are incorporated as if fully set forth herein, 3. Description of the 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 Management Infiltration Storage 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 accommodate at least all mn-off from a one- year, twenty-four hour rainfall event and the capacity to infiltrate ali mn-off from the one-year mn-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. Monitoring. 6.1. The CI-tLrRCH 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 30 of each year. The records shall be submitted to the City no later than November 1st 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 l:\02files\O2siteplan\prior lake baptisflmonitor agreement.doc 2 welfare to persons or property, the CITY may enter the property legally described in Exl-dbit 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 w/thin thirty (30) days of receipt thereof. 7.3. The CHURCH agrees that if CHURCH fails to pay the invoiced amount within the th/rty (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: Prigr 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 property. 10. Indemnification and Hold Harmless, The CHURCH shall indenmify, 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 AGREEMENT. The responsibility to indemnify and hold the CITY harmless from claims arising out of or resulting fi'om the actions or inactions of the CITY, its Council, agents, 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 CI--YLIRCH shall provide evidence of recording to thc 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. Severabili ,ty. In the event any provisions of this Contract shall be held invalid, illegal, or unenfomeable by any court of competent jurisdiction, l:\02files\02siteplan\prior lake baptist~monitor agreement.doc 3 13.2. 13.3. 13.4. 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. 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 Enforcement of the Agreement. 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. 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: Frahk~/~s,l~ity Manager PRIOR LAKE BAPTIST CHURCH OF PRIORLAI~ ~ . / //Ronald H. Gro~he"lT~tor/Pre~ident By: /)?f~] ~ ~ / ~.~ Tom Lundal~,' Se~cfeth~y STATE OF MINNESOTA ) fo ,o n d. 2002, by Jack O. Haugen, Mayor, ~d by Fr~ Boyles, CiV M~ager, of ~e Qi~ of Prior L~e, a Mi~esom m~cip~ co¢omfion, on beef of%~e co~orafion ~d p~su~t to ~e au~ofi~ ~ted by im Ci~ Co~cil. ~ , ( ~,d ~ f_ (~ ~ CO~TY OF ) ~~~ l:\02files\02siteplan\prior lake baptistkmonitor agreement.doc 4 NOTARY PUBLIC Reviewed as to Form an~ Execu~on: By: ,J ~t~,~bt~. K.e~ Su'~san Lea Pace, City'Atto~ey DR.~-rJZD BY: City of Prior Lake 16200 Eagle C~eek Avenue SE Prior Lake, Minnesota 55372 1:\02files\02siteplan\prior lake baptistkmonitor agreement.doc 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That part of the East 3A of thc Southeast Quarter of Section 1, Township 114 North, Kange 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 ~/4 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 of 566.47 feet to the East line of the West 30.00 feet of the East V4 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 ~/4 of the Southeast Quarter of said Section 1, a distance of418.59 feet to the point of beginning. Subject to County State Aid Highway No. 12 (21) over the southwesterly 33 feet thereof. l:\02files\02siteplan\prior lake baptist~nonitor agreement, doc 6 EXHIBIT B EXHIBIT B % EXHIBIT B Il J,l ] i~ ,~ fl, .,,.,.l,li~jj- ,. ,.I EXHIBIT B EXHIBIT B EXHIBIT B Ii ~i! JJ ii J, i ! '-'ilt ' Ihl I~ EXHIBIT B EXHIBIT B EXHIBIT B From: Sldp McCombs To: Pasio~ Rea Grosche{ Date: 8~28~2 Time: 8:45:58 AM Page 2 of 4 Maintenance & Monitoring Plan For Storm water Storage and Infiltration Basra Prior Lake Baptist Church Prior Lake, MN. Prepared Augus127, 2002 Prepared By William McCombs Profession Engineer Registration Number: MN 7002 11705 54th Ave. N. Plymouth, MN 55442 PURPOSE: The purpose of this plan is to provide guidelines to the Prior Lake Baptist Church for the maintenance and monitoring on the storm water storage and infillralion ponds that are being obstructed as a part classroom addition. This plan is intended to be a part the agreement between the City and the church for the maintenance and monitoring of the ponds The City of Prior Lake requires that runoff t}om any new construction within the Malarkey Lake Watershed has to be disposed of on-site~ This requires the construction ora storage basin followed by and infiltration basin. The purpose of the basins are just what the name implies. The storage basin stores the rainwater runoff which reaches it and the overflow from the storage pond goes to the inflllration basin where it is intended to seep into the ground. MAINTENANCE: The main maintenance function required for the ponds is that the vegetation be maintained. The slopes and bottom should be mowed just as you maintain a yard, except that the grass clipp'mg should be caught and disposed of out the pond. This will keep decaying materials from accumulating on the bottom and impeding infiltration into the ground. The entrance into the storage pond may experience the accumulation of some sedimentation carried into the pond by the runoff. If this does, anytime the accumulation exceed a depth of 12 inches it should be removed and the pond bottom returned lo it original elevation. Because we were not permitted by the City to provide a way for the lower elevation of the storage pond to drain into the infillrafion pond, there may be a permanent pool of water in the storage pond. If this occurs thru, the weeds should be keep mowed to the water's edge. While maintaining the infiltration pond, it is important to keep in mind the water need to percolate into the ground. Therefore, any equipment used in the pond should be the lightest equipment available to do th~ job. If the bottom does become sealed, as indicated by water remaining in thc pond several days aller a rain, then the bottom should be scarified. MONITORING: The design capacity of the storage pond is 6,100 cubic feet. The actual as-built capacity will be actually greater than this due to the flattening of the slopes on the south of the pond. The required bottom area of the intimation area is 2050 square feet. The church is required by the city to determine the volume of the ponds each year on June 30. At the completion of construction of the ponds, the as-built volume of the pond will be determined and markers placed in all four comers set flush with the pond bottoms. Then each year on June 30th. ltm markers should be checked. If they are still flush with the bottom, there has been no change to the pond volume. If tho marker are below the pond bottom, then the lost volume can be calculated. The infil~rabon pond will be equipped with a measuring gauge installed flush with the bottom. Every week day during the month of June each year, the church shall record the water levels as shown of the gauge. Page 2 Maintenance Plan (continued) The church shall also record any time that the is an overflow through the emergency overflow. As a part of this record, the date, amount of rainfall, and the length of time the overflow continued, should be listed. Each year during July, but no later than November I, the church shall submit a copy of the re. cords and a statement as to the current pond volume to ~be City. Z © Corn -<~ © Im -- _..q.-I / LINE SOUTH , '" % D® ® ® ® ® 11 "'11"/" T' ~1'~1'1' '1" ~'~ i ............ I'j' "~1'1' .... I?II"T' T'ii,if/!l .... '"' Iii ,ii..~1...I..,I..I ........... i,~ -"-, "" J~hllJ.ll,=h ilqlJJj"Jll~ ,.I...,,.U! ~JJ J J X I / I I I I I I I I I I // I II II II /I // // / ~1 ,.,] ® ® ~II II Z 1251,72 I J ~.1~t1-- jlll~I il-i Ill t,I , -, il- llJt ,,Il , Ill , ~. , , , ,I t ,i, L J ',,J I ~?]i ii!l} [{!l ,, ',1" ' ~_L' .... ~ '~' - .... ~ ~ ....... ~oZ 3no~o ~a~snoNm V W W 390B10 O( ?,, .j ii I~ I! ill i~lI , i J~