HomeMy WebLinkAbout_10 04 2021 City Council Agenda PacketCHECK REGISTER FOR CITY OF PRIOR LAKE 1/6Page: 09/27/2021 02:00 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021
AmountDescriptionVendor NameVendorCheckBankCheck Date
Bank 1 General Bank
1,351.42 2021 Dental ClaimsDELTA DENTAL000272137654(E)109/13/2021
46.00 Filing Fee - Easement Cardinal Overlook SCOTT COUNTY000192127655(E)109/13/2021
46.00 Filing Fee - Easement Cardinal Overlook
92.00
344.00 Platting of City Hall & Adjoining LotsBOLTON & MENK INC000026377656(A)109/17/2021
1,840.00 Sep 2021 Office 365COMPUTER INTEGRATION TECH000037607657(A)109/17/2021
161.40 Adobe Acrobat
1,762.50 Oct 2021 Managed Services
1,125.00 Oct 2021 CIT Managed Backup
4,888.90
84.15 Magnetic Mic ClipEMERGENCY AUTOMOTIVE TECH INC000054807658(A)109/17/2021
1,611.55 BootsFIRE EQUIPMENT SPECIALTIES INC000064557659(A)109/17/2021
121.05 Pathfinder SystermFLEXIBLE PIPE TOOL CO000066607660(A)109/17/2021
747.90 Aug 2021 LocatesGOPHER STATE ONE-CALL INC000075257661(A)109/17/2021
829.26 Jul 2021 UniformsHUEBSCH000275367662(A)109/17/2021
306.44 Letterhead, NotecardsINNOVATIVE OFFICE SOLUTIONS LLC000271497663(A)109/17/2021
506.92 Misc Office Supplies
1,098.39 Paper Shredder
1,911.75
515.28 503 Hydraulic oilKATH FUEL OIL SERVICE000024107664(A)109/17/2021
204.95 Ground Fault - LibraryMETRO ALARM CONTRACTORS INC000133547665(A)109/17/2021
125.00 Blue Card Cert Continuing EdMICHAEL PRIBBLE000274797666(A)109/17/2021
35.52 5910 Mower deck belt MTI DISTRIBUTING INC000139517667(A)109/17/2021
35.11 9220 Extraction tool holder NOVAK COMPANIES000149007668(A)109/17/2021
1,111.96 Aug 2021 Repair PartsO'REILLY AUTO PARTS000150887669(A)109/17/2021
440.18 PD Evidence Rm Card Reader ReplacementPRO-TEC DESIGN INC000274297670(A)109/17/2021
72.97 452 Work LightRIGID HITCH INC000184757671(A)109/17/2021
664.64 Roof Leak - FS #1SCHWICKERT'S TECTA AMERICA LLC000279117672(A)109/17/2021
384.90 548 and 758 seat covers WOLF MOTOR CO INC000236757673(A)109/17/2021
87.70 Medical SuppliesZEE MEDICAL SERVICE000263507674(A)109/17/2021
21.55 Medical Supplies
109.25
1,147.21 Sep 2021 Electric BillsSHAKOPEE PUBLIC UTILITIES000193887675(E)109/15/2021
68.00 Aug 2021 COBRA Admin FeeALERUS000013757676(E)109/20/2021
234.09 2021 Dental ClaimsDELTA DENTAL000272137677(E)109/20/2021
259.35 Aug 2021 Fuel TaxMN DEPT OF REVENUE000136127678(E)109/20/2021
5,051.00 Aug 2021 Sales Tax
5,310.35
3.00 Aug 2021 Transaction FeesPOINT & PAY000276217679(E)109/23/2021
1,124.16 Aug 2021 Admin FeesDELTA DENTAL000272137680(E)109/21/2021
1,870.48 Sep 2021 Phone BillsNUVERA000193047681(E)109/21/2021
54.60 Sep 2021 Admin FeesFURTHER000135047682(E)109/22/2021
20,260.52 Sep 2021 Electric BillsMN VALLEY ELECTRIC000137387683(E)109/22/2021
32.48 MileageANN SCHROEDER000270357684(A)109/24/2021
3,000.00 Tree Removal - Sand Pt BeachCOLLINS TREE 000036707685(A)109/24/2021
599.00 PL FlagDISPLAY SALES COMPANY000044937686(A)109/24/2021
CHECK REGISTER FOR CITY OF PRIOR LAKE 2/6Page: 09/27/2021 02:00 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021
AmountDescriptionVendor NameVendorCheckBankCheck Date
527.22 521 Traffic advisor bar EMERGENCY AUTOMOTIVE TECH INC000054807687(A)109/24/2021
113.99 Prom - Uniform PantsGALLS LLC000070757688(A)109/24/2021
144.99 Rozga - Sgt Uniform
258.98
435.00 2015 Ford F150 Number ChangeGRAFIX SHOPPE000076157689(A)109/24/2021
35.68 Office SuppliesINNOVATIVE OFFICE SOLUTIONS LLC000271497690(A)109/24/2021
23.96 Misc Office Supplies
150.32 Toner
209.96
123.98 Club Prior SuppliesLESLEY YOUNG000272407691(A)109/24/2021
159.00 Rekey - FS #1LOCKSAFE 000108557692(A)109/24/2021
168.66 503 Hydraulic filter MTI DISTRIBUTING INC000139517693(A)109/24/2021
231.00 PartsNOVAK COMPANIES000149007694(A)109/24/2021
318.00 Mower tires ROYAL TIRE INC000187327695(A)109/24/2021
444.00 E Coli TestingUC LABORATORY000212357696(A)109/24/2021
417.10 AsphaltWM MUELLER & SONS INC000236457697(A)109/24/2021
73,404.17 Oct 2021 Health Insurance PremiumsMN PEIP000279097698(E)109/24/2021
209.78 UB REFUND #4-06084-01AARON SERVAISREFUND-UB108786109/17/2021
8.19 UB REFUND #3-06421-00AARON SEVERSONREFUND-UB108787109/17/2021
9.56 UB REFUND #1-08412-01ALICIA HILLREFUND-UB108788109/17/2021
89.72 UB REFUND #1-02757-04ALLISON FRALICHREFUND-UB108789109/17/2021
120.00 Pager RepairANCOM TECHNICAL CENTER00001655108790109/17/2021
28.57 UB REFUND #1-06604-01ASHLEY SHAWREFUND-UB108791109/17/2021
320.11 Gould - UniformASPEN MILLS00001891108792109/17/2021
432.80 Summit Booster RepairAUTOMATIC SYSTEMS CO00001975108793109/17/2021
41.71 UB REFUND #4-05286-98AZM SELIM AHMEDREFUND-UB108794109/17/2021
202.34 UB REFUND #1-02003-00BARBARA MARSCHALLREFUND-UB108795109/17/2021
864.17 UB REFUND #4-07367-00BENJAMIN STOUTREFUND-UB108796109/17/2021
31.59 UB REFUND #2-06003-01BETH GANFIELDREFUND-UB108797109/17/2021
798.86 Airway Intubation TrayBOUND TREE MEDICAL LLC00002695108798109/17/2021
212.04 UB REFUND #1-03780-02BRENT BACHMEIERREFUND-UB108799109/17/2021
93.70 UB REFUND #1-00896-01BRUCE SHEEHAN REFUND-UB108800109/17/2021
105.00 Aug 2021 Parking Meter CALE AMERICA INC00027637108801109/17/2021
32.80 Power washer couplers CAPITAL ONE TRADE CREDIT00027963108802109/17/2021
315.00 Jul 2021 Tai Chi InstructorCHRISTINE T MORGAN00027316108803109/17/2021
52.90 UB REFUND #1-08206-02CLARENCE BETHEAREFUND-UB108804109/17/2021
51.62 UB REFUND #1-0481-01CLAYTON HEUCKENDORFREFUND-UB108805109/17/2021
68.52 UB REFUND #3-03570-01CRISTINA MUELKENREFUND-UB108806109/17/2021
27.27 UB REFUND #2-07877-01DAN & KATHY FREEMANREFUND-UB108807109/17/2021
210.86 UB REFUND #4-03504-00DANIEL & CAROLY YAGLAREFUND-UB108808109/17/2021
1,022.28 UB REFUND #1-03512-00DARLENE MOLINEREFUND-UB108809109/17/2021
146.83 UB REFUND #1-06847-02DEBORAH FLESNESREFUND-UB108810109/17/2021
25.00 Title - #7130 2021 Ford #30581DEPUTY REGISTRAR #16000004400108811109/17/2021
26.00 #7105 Tax Exempt Plates
51.00
42.64 UB REFUND #3-03536-02DIVYA PERUMANDLAREFUND-UB108812109/17/2021
47.28 UB REFUND #4-07684-02ELIZABETH LIETZREFUND-UB108813109/17/2021
2,000.00 Club Prior LogoFACTOR3 DIGITAL LLC00027539108814109/17/2021
489.97 Water MeterFERGUSON WATERWORKS #251600006231108815109/17/2021
51.16 9222 Rear axle sealFLEETPRIDE00003260108816109/17/2021
420.00 Jul 2021 Foot Care SessionsHEALING HANDS FOR FEET00027618108817109/17/2021
420.00 Aug 2021 Foot Care Sessions
CHECK REGISTER FOR CITY OF PRIOR LAKE 3/6Page: 09/27/2021 02:00 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021
AmountDescriptionVendor NameVendorCheckBankCheck Date
840.00
29.12 UB REFUND #1-01882-03HILLARY GOEBELREFUND-UB108818109/17/2021
56.14 UB REFUND #4-06431-03HOA NGUYENREFUND-UB108819109/17/2021
144.42 Aug 2021 Misc SuppliesHOME DEPOT CREDIT SERVICES00008865108820109/17/2021
179.86 UB REFUND #2-07921-01JANICE DALYREFUND-UB108821109/17/2021
75.56 UB REFUND #2-08387-01JASON HYVELEYREFUND-UB108822109/17/2021
V112.80 UB REFUND #1-00344-07JAYCE KISZEWSKIREFUND-UB108823109/17/2021
21.70 UB REFUND #4-07150-00JEFF ASPENWALL REFUND-UB108824109/17/2021
201.36 UB REFUND #2-04128-00JEFF JOHNSONREFUND-UB108825109/17/2021
689.65 UB REFUND #4-0330-00JEFF SILKEYREFUND-UB108826109/17/2021
451.88 UB REFUND #2-08151-01JOHN & NATALIE MCCONKEYREFUND-UB108827109/17/2021
194.20 UB REFUND #4-05450-00JOHN HOGIEREFUND-UB108828109/17/2021
81.90 UB REFUND #1-00024-98JULIE WESTMANREFUND-UB108829109/17/2021
96.24 UB REFUND #2-04828-01KATHERINE SMITHREFUND-UB108830109/17/2021
24.09 UB REFUND #3-00139-00KEITH RANDAREFUND-UB108831109/17/2021
48.79 UB REFUND 31-01866-01KELLY OVERGARDREFUND-UB108832109/17/2021
49.35 UB REFUND #1-06185-02KIM WALKERREFUND-UB108833109/17/2021
2,737.00 ValvesKODRU MOONEY00027064108834109/17/2021
413.42 UB REFUND #3-05041-00LARRY STIVERREFUND-UB108835109/17/2021
93.62 UB REFUND #1-07107-00LEANN MESERVYREFUND-UB108836109/17/2021
26.38 UB REFUND #1-02860-01LUCAS SCHEELREFUND-UB108837109/17/2021
32.02 UB REFUND #2-02947-01MARK & DAWN KESREFUND-UB108838109/17/2021
100.62 UB REFUND #3-06202-06MATTHEW ADELMANNREFUND-UB108839109/17/2021
33.19 UBS REFUND #3-05079-00MELISSA ENGERREFUND-UB108840109/17/2021
279.01 FiltersMETRO AIR00013352108841109/17/2021
22,141.35 Aug 2021 SAC FeesMETROPOLITAN COUNCIL-SAC00013406108842109/17/2021
29.21 UB REFUND #1-03380-00MICHAEL & DEBRA LUDWIGREFUND-UB108843109/17/2021
265.22 UB REFUND #3-08432-01MICHAEL ZASLAVSKYREFUND-UB108844109/17/2021
33,276.02 #8394 2021 Ford F-150MIDWAY FORD00013464108845109/17/2021
35,321.92 #7130 2021 Ford F-150 (CSO Truck)
68,597.94
7.15 UB REFUND #1-00653-00MIKE DEMPSEYREFUND-UB108846109/17/2021
25.00 Young - Annual Membership DuesMN RECREATION & PARK ASSN00013670108847109/17/2021
135.57 PartsMONNENS SUPPLY INC00013909108848109/17/2021
479.80 UB REFUND #4-06931-01MYRLENE SCHENCKREFUND-UB108849109/17/2021
192.00 Tank RentalO'CONNELL OIL CO00015054108850109/17/2021
1,064.00 UB Temp w/e 9/10/2021OFFICE TEAM00028044108851109/17/2021
149.07 UB REFUND #2-04964-01PATRICK ROSEREFUND-UB108852109/17/2021
170.89 Petty Cash ReimbursementsPETTY CASH00016300108853109/17/2021
2,500.00 20-1918 4962 Trillium Cove NEPULTE HOMES OF MINNESOTAMISC-CD108854109/17/2021
2,500.00 20-1548 5024 Trillium Covwe NE
5,000.00
63.95 UB REFUND #3-00534-02RADHAKRISHNAN JAYARAMANREFUND-UB108855109/17/2021
1,715.70 Baseball, Pickleball CampsREVOLUTIONARY SPORTS LLC00027855108856109/17/2021
100.61 UB REFUND #3-04257-00RICK SORENSENREFUND-UB108857109/17/2021
1,161.00 Fawn Meadow & Fish Pt RdRIVERS EDGE CONCRETE INC00018496108858109/17/2021
5.97 UB REFUND #1-05664-00ROBERT & SUSAN GRINDEREFUND-UB108859109/17/2021
163.32 UB REFUND #1-01847-98RONALD BUCKEYEREFUND-UB108860109/17/2021
V22.32 UB REFUND #4-07088-04SCOTT MCPHEEREFUND-UB108861109/17/2021
470.98 526 Deck repair parts SEMA EQUIPMENT INC00026973108862109/17/2021
90.70 UB REFUND #3-08979-01SHARI CASEREFUND-UB108863109/17/2021
208.59 Aug 2021 Legal AdsSOUTHWEST NEWS MEDIA00019676108864109/17/2021
1,205.82 Bags - Community FestSPARTAN PROMOTIONAL GROUP INC00019706108865109/17/2021
27.93 UB REFUND #1-02563-00STEVEN STULBERGREFUND-UB108866109/17/2021
29.24 UB REFUND #1-05892-02TAMARA MCLARTYREFUND-UB108867109/17/2021
CHECK REGISTER FOR CITY OF PRIOR LAKE 4/6Page: 09/27/2021 02:00 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021
AmountDescriptionVendor NameVendorCheckBankCheck Date
140.65 UB REFUND #3-00453-00TED FRISTEDREFUND-UB108868109/17/2021
11.10 UB REFUND 1-05841-01TIM & LORI ALBRIGHTREFUND-UB108869109/17/2021
24.99 Steel Hip Roof Tool BoxTRACTOR SUPPLY CREDIT PLAN00020663108870109/17/2021
606.38 2021 Software Maintenance TYLER TECHNOLOGIES00003765108871109/17/2021
88.27 UB REFUND #3-06832-00VERA & VASILY PEREPELITSAREFUND-UB108872109/17/2021
31.25 UB REFUND #1-04551-03VIET TRANREFUND-UB108873109/17/2021
34.83 UB REFUND #2-07878-01VIRGINIA WINBERGREFUND-UB108874109/17/2021
27,345.00 Crash AttenuatorWARNING LITES OF MINNESOTA00023196108875109/17/2021
10.47 UB REFUND #2-02246-04WENDY LEMKEREFUND-UB108876109/17/2021
94.00 UB REFUND #1-01051-00WILLIAM & SUZANNE BRANTLYREFUND-UB108877109/17/2021
137.65 UB REFUND #4-05719-01WILLIAM SLATERREFUND-UB108878109/17/2021
2,625.00 MySeniorCenter System - 50% BalanceXAVUS SOLUTIONS LLC00027999108879109/17/2021
190.25 UB REFUND #2-06030-00YVONNE MAREKREFUND-UB108880109/17/2021
150.00 Evidence.com Basic LicenseAXON ENTERPRISE INC00027347108881109/24/2021
256.29 Taser Batteries
180.00 Evidence.com Basic Licenses
586.29
252.90 Nitrile GlovesBOUND TREE MEDICAL LLC00002695108882109/24/2021
798.86 Intubation Tray, Megamover Transport Uni
1,051.76
689.00 Sign MaterialEARL F ANDERSEN INC00005175108883109/24/2021
4,680.26 Water MeterFERGUSON WATERWORKS #251600006231108884109/24/2021
193.40 Water Meter
4,873.66
180.00 Aug 2021 Yoga InstructorGWENDOLYN SCHMID00027984108885109/24/2021
418.79 CSO's - Rain Jackets, CapsJACK'S UNIFORMS & EQUIPMENT00027636108886109/24/2021
112.80 UB REFUND #1-00344-07JADEN MILNERREFUND-UB108887109/24/2021
V112.80 UB REFUND #1-00344-07JAYCE KISZEWSKIREFUND-UB108888109/24/2021
53,898.48 CSAH 21/Revere KIMLEY-HORN & ASSOCIATES INC00011372108889109/24/2021
22,167.62 CSAH 21/Revere
76,066.10
1,735.00 Chiller Parts - City HallKLAMM MECHANICAL CONTRACTORS INC00026904108890109/24/2021
62.14 9222 Axle gasket LARSON COMPANIES00012320108891109/24/2021
84.50 PartsMENARDS LUMBER CO00013318108892109/24/2021
14.39 Cedartone
98.89
32.00 Hartman - Water Operator Exam ApplicatioMN DEPT OF HEALTH00013618108893109/24/2021
32.00 Ryan - Water Operator Exam ApplicationMN DEPT OF HEALTH00013618108894109/24/2021
23.00 Wastewater Cert RenewalMN POLLUTION CONTROL AGCY00013850108895109/24/2021
23.00 Wastewater Cert Renewal
46.00
125.00 Park & Rec Mgr Job PostingMN RECREATION & PARK ASSN00013670108896109/24/2021
48.00 Youth Program RefundNick BaumgardREFUND-REC108897109/24/2021
1,330.00 UB Temp w/e 9/17/2021OFFICE TEAM00028044108898109/24/2021
10,009.20 #5 Pickleball Court ConstructionPETERSON COMPANIES INC00027860108899109/24/2021
125.00 Club Prior Sawbucks #3PETTY CASH00016300108900109/24/2021
724.34 1/8 DIN Proces Digital Panel MeterPRECISION DIGITAL CORPORATION00026964108901109/24/2021
CHECK REGISTER FOR CITY OF PRIOR LAKE 5/6Page: 09/27/2021 02:00 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021
AmountDescriptionVendor NameVendorCheckBankCheck Date
635.12 Staging - ChalkfestPRIOR LAKE RENTAL CENTER00016700108902109/24/2021
618.00 ConcreteRIVERS EDGE CONCRETE INC00018496108903109/24/2021
270.76 Misc SuppliesSAM'S CLUB00019036108904109/24/2021
369.00 Metal Signs; Chalkfest & PickleballSDDI SIGNS00027585108905109/24/2021
740.00 Sprinkler RepairSUMMIT FIRE PROTECTION CO00019949108906109/24/2021
49.20 Sep 2021 Phone BillT-MOBILE00026962108907109/24/2021
144.47 Epson Powerlite Bulb - ParkviewUS BANK00002105108908109/24/2021
59.99 Wireless Earbuds
489.00 HP Laserjet Pro M454dw
16.99 Computer Bluetooth Aadapter
53.80 5 iPhone Chargers
64.37 Face Masks
296.60 Wellness Room Posters
722.61 Sofa - Wellness Room
35.00 Wedel Dues
85.00 Wedel - Dues
121.00 Wedel - Meals
20.00 Wedel - Bridge the Divide Seminar
50.67 Meeting w/JW, KB, ZB
58.30 Meeting w JW,KB,SC
12.00 Parking - Team Outing
93.95 Pants
394.00 SWAT - Winter Shirt
181.98 Road Flares
72.00 Scheduling Software
25.00 Trail Camera Subscription
282.20 Anti-Theft Labels
380.00 Barstad - Annual Conference
28.27 Camera Battery Charger
598.43 Chalkfest Work Lights
27.47 Lunch - Officer Panel
15.98 Resfreshments - EDA Meeting
16.09 Aug 2021 Video Conferencing
16.09 Aug 2021 Video Conferencing
635.95 Tac Leadership Class
395.65 Mager - Sgt Uniform
62.21 2021 ILET Summit VIP Pass
22.94 Lunch - Karfa, Prom
293.62 SWAT Lights, CArabiners, Pouches
626.85 Search & Seizure Training
394.00 SWAT Winter Shirts
6,792.48
150.00 Horn - Annual DuesUS BANK00002105108909109/24/2021
116.08 Lunch - Finance Dept Training
11.98 Ice - Officer Interviews
17.39 Beverages for Officer Interviews
178.24 Lunch - Interview Panel
27.11 Name Plates
292.34 Nitrile Gloves
39.99 Mouse
105.98 Tourniquets
111.00 Flowers - Lyle Anderson
0.99 50GB iCloud Storage
42.91 Cookies - Season Staff Appreciation
740.00 Annual Conference
400.00 Mesenbrink - Training & Tech Conference
600.00 20 Expo Registrations
CHECK REGISTER FOR CITY OF PRIOR LAKE 6/6Page: 09/27/2021 02:00 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021
AmountDescriptionVendor NameVendorCheckBankCheck Date
426.36 Sewer Truck Harness
36.64 Flash Drives
58.36 7299 Sienna van
39.99 Laptop Backpack
129.95 506 Radio
48.38 Misc Office Supplies
20.95 Tire Repair Tool
20.05 Pens
65.03 Pens, Post-It Notes
367.37 Floor Cord Protector
30.38 Address Labels
4,195.99 Recycle Cans
198.41 Interface Cable
261.54 521 Tanker Truck Hose Nozzle
61.30 Post Pounder Parts
29.99 Vacumm Belt Kit
60.99 Mylar Stencils
3,375.00 Archery Targets
223.04 LED Park Lights
380.00 Coy - Annual Conference
12,863.73
44.18 Summer Wrap Up MeetingUS BANK00002105108910109/24/2021
53.10 Chalk Fest Paint
279.65 Chalkfest Signs
5.09 Ice - Music in the Park
15.00 Young - MASS Conference Lunch
84.96 Jigsaw Puzzle Contest
1,020.00 Anastasia - Club Prior Trip
106.41 Plants - Wellness Room
40.68 Council Work Session
10.73 Coffee Pot Cleaner
32.21 Planter - Wellness Room
(96.56)Return Power Strips
(23.33)Refund - Camera Battery Charger
(929.00)Refund Watson - Nat'l Conference Regista
643.12
1 TOTALS:
397,328.72 Total of 167 Disbursements:
247.92 Less 3 Void Checks:
397,576.64 Total of 170 Checks:
City of Prior Lake
Treasurers Report
August 2021
Fund 8/1/2021 8/31/2021
Fund Type & Name No. Balance Receipts Disbursements Balance
Business-Type Funds
Water Fund 601 4,235,453.62$ 1,539,377.91$ 291,029.00$ 5,483,802.53$
Sewer Fund 604 2,384,577.78 756,469.24 210,435.08 2,930,611.94
Water Quality Fund 602 1,740,320.48 188,099.46 33,501.92 1,894,918.02
Total Business-Type Funds 8,360,351.88$ 2,483,946.61$ 534,966.00$ 10,309,332.49$
Governmental-Type Funds
General Fund 101 10,957,707.18$ 671,256.65$ 1,950,758.79$ 9,678,205.04$
Special Revenue Funds
Cable Franchise Fund 210 105,043.21$ 122.71$ -$ 105,165.92$
Capital Park Fund 225 1,470,335.42 210,277.46 114,412.42 1,566,200.46
Police Forfeiture Fund 235 172,567.27 701.45 616.00 172,652.72
EDA Special Revenue 240 547,997.02 626.99 11,268.28 537,355.73
Econ Dev Federal Revolving Loan Fund 250 132,704.46 155.02 - 132,859.48
Econ Dev MN Revolving Loan Fund 255 175.51 - - 175.51
Developer Agreement Fund 260 1,449,653.91 201,017.00 43,293.87 1,607,377.04
Federal ARPA Fiscal Recovery Fund 265 1,441,280.74 11.70 - 1,441,292.44
Total Special Revenue Funds 5,319,757.54$ 412,912.33$ 169,590.57$ 5,563,079.30$
Capital Project Funds
Tax Increment 402 15,840.88$ 4,978.00$ -$ 20,818.88$
TIF #1-3 413 126,858.18 148.19 - 127,006.37
TIF #3-1 414 314,758.10 367.69 - 315,125.79
TIF #5-1 416 10,469.95 12.23 - 10,482.18
TIF #6-1 417 447,085.57 522.27 - 447,607.84
TIF #1-4 418 2,633.94 2.16 788.95 1,847.15
TIF #1-5 419 30,857.21 36.05 - 30,893.26
Revolving Equipment Fund 410 912,336.90 1,008.92 48,666.19 864,679.63
Revolving Park Equipment Fund 430 1,391,004.85 1,624.02 781.25 1,391,847.62
Facilities Management Fund 440 561,877.20 801,590.91 - 1,363,468.11
Permanent Impr Revolving Fund 450 469,713.77 4,800.47 - 474,514.24
Construction Fund 501 3,729,982.96 2,009.21 274,240.87 3,457,751.30
Trunk Reserve Fund 502 4,231,565.83 301,837.07 5,543.10 4,527,859.80
Street Oversize Fund 503 1,404,463.75 105,186.58 - 1,509,650.33
Water Storage Fund 505 640,627.80 1,038.64 - 641,666.44
Total Capital Project Funds 14,290,076.89$ 1,225,162.41$ 330,020.36$ 15,185,218.94$
Debt Service Funds
314-351 &
549-573 $ 4,267,638.98 19,050.47$ -$ 4,286,689.45$
Agency Fund 801 753,572.50$ 22,500.00$ 72,500.00$ 703,572.50$
Total Governmental Type Funds 35,588,753.09$ 2,350,881.86$ 2,522,869.72$ 35,416,765.23$
Internal Service Funds 7xx 552,430.14$ 3,850.68$ -$ 556,280.82$
Total All Funds 44,501,535.11$ 4,838,679.15$ 3,057,835.72$ 46,282,378.54$
Investment Pool & Ratio as of 8/31/2021 94.76% 43,858,925.92$
This report does not reflect financial obligations from contracts, agreements, purchases, services received, etc.
TREASURER’S REPORT FUND DESCRIPTIONS
General Fund - Represents the resources to support general operating budget expenditures of the City. The year-
end fund balance represents dollars that have accumulated over a period of time. The City Council has designated
a minimum of 45% of the current operating budget, for working capital to finance city operations.
Water Fund - For the collection of water billing utility revenue. This enterprise fund balance is allocated for the
operational costs of the Water departments and normally reserved for large capital municipal system expenses.
Sewer Fund - For the collection of sewer billing utility revenue. This enterprise fund balance is allocated for the
operational costs of the Sewer department and normally reserved for large capital municipal system expenses.
Water Quality Fund - An enterprise account funded by the storm water charge that is generated on the bi-monthly
water and sewer utility bills. The funds in the account are dedicated to finance water quality improvements
including departmental administration, storm water maintenance operations and improvement projects related to
water quality.
Cable Franchise Fund - Acts as a clearing house for funds received from the cable franchise company as specified
by ordinance.
Capital Park Fund - Dedicated funds received from developers in accordance with the City’s Park Dedication
requirement when land is platted. Funds are collected for the purpose of developing the City’s neighborhood park
and trail system. These dollars are programmed throughout the course of the City’s Capital Improvement
Program.
Police Forfeiture Fund – Special revenue fund created to track criminal and DWI forfeiture revenues and
expenditures.
ED Special Revenue – Reserved and expended at the direction of the Prior Lake Economic Development
Authority for specific economic development activity as allowed by MN Statute. The purpose is to provide
economic incentives for new business expansion within the community.
ED Fed/MN Loan Funds - Accounts for the proceeds of economic development grants received either from the
federal government or the State of Minnesota to provide seed money for a revolving loan account. This provides
economic incentive for new business expansion within the community.
DAG Special Revenue Fund - Special revenue fund related to costs the City incurs in connection with a
subdivision. Fees are paid to the City by the developer when the Development Contract and Final Plat are
approved by City Council. Revenues are used to pay for legal expenses incurred with review and approval of the
plat and inspection services on developer installed-utilities for newly approved subdivisions within Prior Lake.
Water Revenue Bond Fund – PW Bldg - Debt service fund to pay bonds issued to construct the public works
maintenance building. The capital facility charge generated on the utility bill provides the funding for the bond
payments which occur semi-annually. Funds are transferred from Sewer and Water Fund.
Water Revenue Bond Fund – WT Plant - Debt service fund to pay bonds issued to construct the water treatment
plant. Revenue from the utility bills provides the funding for the bond payments which occur semi-annually.
Funds are transferred from Sewer and Water Fund.
Tax Increment Funds - Represents an accumulation of funds such as bond proceeds and project administration
fees charged to companies requesting project write-downs in the form of tax increment financing for new and/or
redevelopment. The TIF district property taxes are then deposited in a number of tax increment funds established
to track their respective revenue.
Revolving Equipment Fund - A regular replacement schedule for equipment needs of the City in excess of $5,000
has been adopted. Periodic fund transfers are appropriated to provide a funding source for the acquisition and
purchase of new and replacement vehicles and equipment.
Revolving Park Equipment Fund – Consists of funds reserved for the replacement of park equipment.
Facilities Management Fund – Established in conjunction with the Facilities Management Plan (FMP). The FMP
provides a schedule of major repairs, replacements and upgrades to all of the City facilities.
Permanent Improvement Revolving Fund – Consists of funds available for annual street mill and overlay projects
with any remaining funds to be used to provide upfront funding for future improvements.
Construction Fund - Represent unexpended bond proceeds that are reserved to pay for improvement projects
approved by the City Council on an annual basis. These dollars are necessary to complete outstanding
construction contracts and related engineering and professional services.
Street Oversize Fund - Consists of dedicated revenue generated by fees associated with new development and
new construction building permits for the funding of pedestrian related improvements i.e., bikeways, sidewalks,
trails plus right of way acquisition along collector streets and occasional collector street links.
Trunk Reserve Fund - Consists of dedicated revenue generated from utility connection permits and acreage fees
assessed at time of sewer and water installation for the recovering of trunk oversizing costs and central municipal
system improvements i.e., wells lift stations, force mains, etc. These dollars are programmed throughout the
course of the City’s capital improvement plan.
Water Storage Fund - Accounts for the water tower fee that is charged and collected on building permits. This
fund balance is 100% reserved for the construction of elevated and ground water storage facilities.
Debt Service Funds - Represents prepayments of special assessments, property tax collections and special levies
needed to pay the outstanding bonded indebtedness of the City. This fund balance is 100% reserved for the
payment of bond principal and interest.
Agency Fund - Accounts for the residential building permit deposit that is refunded to the building contractor
upon final inspection. This provides financial assurance that the property site will be adequately cleaned up and
debris free before an occupancy permit is granted.
Severance Compensation Fund – Internal Service Fund established to partially fund the City’s compensated
absence liability associated with the accrued vacation and sick leave for employees upon termination as
recommended by the State Auditor’s Office.
Insurance Fund – Internal Service Fund established to track revenues and expenditures related to insurance funds.
City of Prior Lake
Treasurers Report
August 2021
Fund Type & Name Fund Balance Classification Constraints
Business-Type Funds
Water Fund Unrestricted Identified on utility bill for this purpose
Sewer Fund Unrestricted Identified on utility bill for this purpose
Water Quality Fund Unrestricted Identified on utility bill for this purpose
Governmental-Type Funds
General Fund Unassigned Cash flow, emergencies, one-time opportunities
Special Revenue Funds
Cable Franchise Fund Assigned for communications Statutory obligation to use for PEG access
Capital Park Fund Assigned for capital improvements Contractually obligated; park dedication fees
EDA Special Revenue Assigned for development Economic Development
Econ Dev Federal Revolving Loan Fund Restricted for economic development Economic Development
Econ Dev MN Revolving Loan Fund Restricted for economic development Economic Development
Developer Agreement Fund Assigned for development Contractually obligated;
Capital Project Funds
Tax Increment Restricted for tax increment Contractually obligated by tax increment agreements
TIF #1-3 Restricted for tax increment Contractually obligated by tax increment agreements
TIF #1-4 Restricted for tax increment Contractually obligated by tax increment agreements
TIF #3-1 Restricted for tax increment Contractually obligated by tax increment agreements
TIF #4-1 Restricted for tax increment Contractually obligated by tax increment agreements
TIF #5-1 Restricted for tax increment Contractually obligated by tax increment agreements
TIF #6-1 Restricted for tax increment Contractually obligated by tax increment agreements
Revolving Equipment Fund Assigned for capital improvements Identified for equipment replacement
Revolving Park Equipment Fund Assigned for capital improvements Identified for park equipment replacement
Facilities Management Fund Assigned for capital improvements Identified for funding Facilities Management Plan
Permanent Improvement Revolving Fund Assigned for capital improvements Identified for funding street improvement projects
Construction Fund Restricted for capital improvements Construction projects in progress
Trunk Reserve Fund Assigned for capital improvements Contractually obligated by developer agreements
Street Oversize Fund Assigned for capital improvements Contractually obligated by developer agreements
Water Storage Fund Assigned for capital improvements Contractually obligated by developer agreements
Debt Service Funds Restricted for Debt Service Reserved for contractually obligated debt service
Agency Fund N/A Escrows to be reimbursed to depositors
Internal Service Funds Unrestricted Identified as payment for severance compensation and insurance
SY/COM, Inc.
6710 Penn Ave. S.
Minneapolis, MN 55423
612 861-3451 FAX 612 861-0969
E-MAIL: TJK@SYCOM.US
SY/COM, Inc. Quotation # PL210825A
08/25/21
Andy
Per our conversation I am providing you with a quote to modify Breezy Point and Flint lift station to update the control system
to match what is being installed in Centex. I have broken this quote into two parts. Option 1 is for updating the controller and
control equipment. Option 2 is for replacing the drives.
Option 1 includes all labor, travel, and documentation. Also includes some parts that were not upgraded in Watzl
1) Rewire Fleetzoom to match alarms at Centex.
2) Replace/Rewire the following items (all items to be kept for spares by the City of Prior Lake)
Main controller
Backup controller (installed with new software same as Centex)
UPS
IS barriers for High and Low float
IS barrier for pressure transducer
Replace existing 24VDC Power Supply
Replace existing 24VAC Power supply
Add new 24VDC Power supply to match setup at Centex
Add new 12VDC Power supply
Install and wire 4 new floats
Install new transducer 0-10psi 4-20ma
Install new transducer IS Barrier
Replace all 120VAC/24 VDC/12VDC control relays (sockets remain)
Install new phase monitor
Add new Seal fail Pilot lights
Add new IS barriers for backup float and for Lead float
Heater
Time delay relay to delay backup alarm
Please note all the Fleetzoom relays and the Fleetzoom power supply will remain the same as it was recently installed.
Option 2 includes all labor, travel, and documentation (both drives are to be kept for spares by the City of Prior Lake)
1) Replace/rewire the VFD
Our cost for option 1 is: $7989.00/each station
Our cost for option 2 (valid only at the time of the control system install) is: $2751.00/each station
Please note this quote does not include:
1) installation (other than included above)
2) permits
3)necessary sales or use taxes if any applicable.
4)any equipment or parts located remotely to these cabinets unless specifically stated as part of this proposal
5)any equipment, parts, software, or necessary changes which are due to changes to the requirements as stated above.
The time frame for this quote would be 2-8 weeks after receipt of order and based on weather conditions, incoming order
scheduling and receipt of go ahead from Prior Lake.
Even though I would love to sell you more vfd’s, I feel it is more cost effective for you to just update one stations vfd’s as then
you would have two spares for the other station, but just let me know what you wish to do.
Should you have any questions on the quote please feel free to call me at any time at the office 612 861-3451 or on my cell at
612 269-2366.
Respectfully Submitted,
Tim Kamrath
SY/COM, Inc.
800 6th St. N.W.
New Prague, MN 56071
Office: (952) 758-9445
Fax: (952) 758-9661
Re: Prior Lake, MN; Breezy Point LS #10 Lift Station Wet Well Upgrade
Quality Flow Systems is pleased to provide a quotation in accordance with your request and as follows:
Item A
Lift Station; Duplex Wet Well Upgrade;
This will consist of replacing both pumps, along with the pump guide systems and discharge piping. The new
pumps will be equipped with vortex impellers sized for the application. We will also be supplying and installing
new guide systems and discharge piping. Please see my itemized parts and labor breakdown below.
To include:
Qty Description
2 KSB, model KRT F80-250/74XG-S, 10hp, 230/460/3, 1750rpm submersible pumps to include:
• Vortex impellers capable of passing 3 1/8” solids, 9.331
• Double mechanical seals in tandem
• 2-part epoxy paint
• 50’ of power cable
• Class 1 Div.1 explosion proof motors, inverter duty rated
• Stainless steel pump lifting handles
• 20’ of stainless-steel lifting chain per pump
• Seal fail / over temp sensors built into pumps
• KSB pump safe module
• 5 Year pump warranty
2 KSB, Guide claws
2 KSB, Base elbows
2 Stainless steel upper brackets
2 4” x 14’ long, flange by plain end riser pipes, concrete lined ductile iron
2 4” flange coupling adapters
2 4” 90-degree elbows, flange by flange
1 Stainless steel cable rack
2 4” flange by flange swing flex check valves
A/R Bolt and gasket kits, 4”
1 Re-use existing guide pipe
A/R Onsite start-up / training of pumps
A/R Installation of all above listed equipment
Total Sell Price for Item A is $34,450.00 (plus any applicable taxes)
Adder:
Add $1,850.00 to the above listed price for a 39” x 41” wet well entrance safety grate. This price
includes all necessary SS fasteners, installation and freight.
Quotation
To: Prior Lake, MN
Attn: Andy Stephes
Date: 09/23/2021
From: Cory Malay
Phone: (952) 758-9445
800 6th St. N.W.
New Prague, MN 56071
Office: (952) 758-9445
Fax: (952) 758-9661
Re: Prior Lake, MN; Breezy Point LS #10 Lift Station Control Panel Modifications
Quality Flow Systems Inc. is pleased to provide a quotation in accordance with your request and as follows:
Item A
Lift Station; Duplex; Control Panel Modifications; This will consist of suppling and installing the requested
control components into your existing cabinet.
Qty Description
1 Rr-wire Fleet Zoom to match Centex alarms
1 1500CT PLC, includes 5.7” color touchscreen controller, I/O board with removable terminals, retro fit
bezel, and power supply
1 Float controller, 5-channel with intrinsically safe circuit extensions
1 Intrinsically safe barrier for transducer
1 Replace existing power supply’s
4 N.O. weighted float switches, 60’ cables
1 A1000 Transducer Assembly to include: 60’ cable, stainless steel mounting pipe with 20’ of aircraft
cable and clamps, 4-20ma 5lb removable sensor, and breather bag (panel mounted)
8 2-Pole Idec relays (6) 120VAC, (2) 12VDC
1 Phase Monitor
A/R Pilot lights, 30mm, LED push to test
1 Time delay relay
2 Mitsubishi variable frequency drives for phase conversion, 49FLA
1 Cooling Fan System; Thermostatically controlled; with filtered make-up air vent, and stainless-steel
shroud kits
1 Installation of above listed equipment
Total Sell Price for Item A - $12,971.00 (plus any applicable taxes)
Terms:
Quotation is based upon Quality Flow Systems Inc. Standard Terms and Conditions of Sale; copy provided
upon request.
Proposed Delivery Schedule:
Delivery: 3 to 4 weeks after approval.
Delivery and Storage:
Freight allowed to job site.
Thank you for this opportunity to be of service to you. If you have any questions, please don’t hesitate to call.
Sincerely,
Cory Malay
Cory Malay
Quotation
To: Prior Lake, MN
Attn: Andy Stephes
Date: 09/23/2021
From: Cory Malay
Phone: (952) 758-9445
800 6th St. N.W. ▪ New Prague, MN 56071
Web: www.qfsi.com ▪ Page: 2 of 2
Exclusions:
• Vac. truck for initial lift station clean out and bypass will be provided by city.
Terms:
Quotation is valid for 30 days. Based upon Quality Flow Systems Standard Terms and Conditions of Sale; copy
provided upon request.
Proposed Delivery Schedule:
4 – 6 Weeks
Delivery and Storage:
Freight allowed to job site.
Thank you for this opportunity to be of service to you. If you have any questions, please don’t hesitate to
call.952-221-9800
Sincerely,
Cory Malay
Cory Malay
800 6th St. N.W.
New Prague, MN 56071
Office: (952) 758-9445
Fax: (952) 758-9661
Re: Prior Lake, MN; Flint Trail LS #16 Lift Station Wet Well Upgrade
Quality Flow Systems is pleased to provide a quotation in accordance with your request and as follows:
Item A
Lift Station; Duplex Wet Well Upgrade;
This will consist of replacing both pumps, along with the pump guide systems and discharge piping. The new
pumps will be equipped with vortex impellers sized for the application. We will also be supplying and installing
new guide systems and discharge piping. Please see my itemized parts and labor breakdown below.
To include:
Qty Description
2 KSB, model KRT F80-250/74XG-S, 10hp, 230/460/3, 1750rpm submersible pumps to include:
• Vortex impellers capable of passing 3 1/8” solids, 8.268
• Double mechanical seals in tandem
• 2-part epoxy paint
• 50’ of power cable
• Class 1 Div.1 explosion proof motors, inverter duty rated
• Stainless steel pump lifting handles
• 20’ of stainless-steel lifting chain per pump
• Seal fail / over temp sensors built into pumps
• KSB pump safe module
• 5 Year pump warranty
1 Mix Flush Valve (Pump 1)
2 KSB, Guide claws
2 KSB, Base elbows
2 Stainless steel upper brackets
2 4” x 6’ long, flange by plain end riser pipes, concrete lined ductile iron
2 4” x 8” Long flange by flange spool piece
2 4” flange coupling adapters
2 4” 90-degree elbows, flange by flange
1 Stainless steel cable rack
2 4” flange by flange swing flex check valves
A/R Bolt and gasket kits, 4”
1 Re-use existing guide pipe
A/R Onsite start-up / training of pumps
A/R Installation of all above listed equipment
Total Sell Price for Item A is $36,380.00 (plus any applicable taxes)
Adder:
Add $1,850.00 to the above listed price for a 39” x 41” wet well entrance safety grate. This price
includes all necessary SS fasteners, installation and freight.
Quotation
To: Prior Lake, MN
Attn: Andy Stephes
Date: 09/23/2021
From: Cory Malay
Phone: (952) 758-9445
800 6th St. N.W.
New Prague, MN 56071
Office: (952) 758-9445
Fax: (952) 758-9661
Re: Prior Lake, MN; Flint Trail LS #16 Lift Station Control Panel Modifications
Quality Flow Systems Inc. is pleased to provide a quotation in accordance with your request and as follows:
Item A
Lift Station; Duplex; Control Panel Modifications; This will consist of suppling and installing the requested
control components into your existing cabinet.
Qty Description
1 Rr-wire Fleet Zoom to match Centex alarms
1 1500CT PLC, includes 5.7” color touchscreen controller, I/O board with removable terminals, retro fit
bezel, and power supply
1 Float controller, 5-channel with intrinsically safe circuit extensions
1 Intrinsically safe barrier for transducer
1 Replace existing power supply’s
4 N.O. weighted float switches, 60’ cables
1 A1000 Transducer Assembly to include: 60’ cable, stainless steel mounting pipe with 20’ of aircraft
cable and clamps, 4-20ma 5lb removable sensor, and breather bag (panel mounted)
8 2-Pole Idec relays (6) 120VAC, (2) 12VDC
1 Phase Monitor
A/R Pilot lights, 30mm, LED push to test
1 Time delay relay
2 Mitsubishi variable frequency drives for phase conversion, 49FLA
1 Cooling Fan System; Thermostatically controlled; with filtered make-up air vent, and stainless-steel
shroud kits
1 Installation of above listed equipment
Total Sell Price for Item A - $12,971.00 (plus any applicable taxes)
Terms:
Quotation is based upon Quality Flow Systems Inc. Standard Terms and Conditions of Sale; copy provided
upon request.
Proposed Delivery Schedule:
Delivery: 3 to 4 weeks after approval.
Delivery and Storage:
Freight allowed to job site.
Thank you for this opportunity to be of service to you. If you have any questions, please don’t hesitate to call.
Sincerely,
Cory Malay
Cory Malay
Quotation
To: Prior Lake, MN
Attn: Andy Stephes
Date: 09/23/2021
From: Cory Malay
Phone: (952) 758-9445
800 6th St. N.W. ▪ New Prague, MN 56071
Web: www.qfsi.com ▪ Page: 2 of 2
Exclusions:
• Vac. truck for initial lift station clean out and bypass will be provided by city.
Terms:
Quotation is valid for 30 days. Based upon Quality Flow Systems Standard Terms and Conditions of Sale; copy
provided upon request.
Proposed Delivery Schedule:
4 – 6 Weeks
Delivery and Storage:
Freight allowed to job site.
Thank you for this opportunity to be of service to you. If you have any questions, please don’t hesitate to
call.952-221-9800
Sincerely,
Cory Malay
Cory Malay
Standard Construction Contract
This Contract (“Contract”) is made this 4th day of October, 2021, between the City of Prior Lake,
Minnesota (hereinafter "City"), whose business address is 4646 Dakota Street SE, Prior Lake,
MN 55372, and Electric Pump (hereinafter "Contractor") whose business address is 201 4th Ave
SW, New Prague, MN 56071.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety
of services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this Contract is to set
forth the terms and conditions for the provision of work by the Contractor as described in Exhibit
A, hereinafter referred to as the "Work”:
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall
take precedence over any provisions of the Contractor’s proposal and/or general conditions.
2. Time of Commencement and Completion. The Work to be performed under this Contract
shall be commenced immediately after execution of this Contract. The Work shall be
completed by December 31, 2021.
3. Compensation for Services. City agrees to pay the Contractor a total fixed sum of
$73,511.80 ($36,846.40 for Breezy Point and $36,665.40 for Flint) as full and complete
payment for the labor, materials and services rendered pursuant to this Contract and as
described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance
shall be extended by a period of time lost by reason of the delay. Contractor will be
entitled to payment for its reasonable additional charges, if any, due to the delay.
4. Method of Payment. The Contractor shall submit to the City, an itemized invoice for services
performed under this Contract. Invoices submitted shall be paid in the same manner as other
claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance
with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if
provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of the
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contract. Each invoice shall be accompanied by general lien waiver and further lien
waivers from all subcontractors on the project waiving liens for work for which payment
was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the
invoice or bill must include the following signed and dated statement: “I declare under
penalty of perjury that this account, claim, or demand is just and correct and that no
part of it has been paid.”
c. Final Payment. Contractor’s request for final payment shall be accompanied by
Contractor’s affidavit that all payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the City or its property might in any
way be responsible, have been paid or otherwise satisfied. Final payment, constituting
the entire unpaid balance of the Contract Sum, shall be paid by the City to the
Contractor when the Work has been completed, the Contract fully performed, and the
City accepts the Work in writing. The acceptance of final payment shall constitute a
waiver of all claims by the Contractor except those previously made in writing and
identified by the Contractor as unsettled at the time of Application for Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the
Contractor has provided satisfactory evidence to the City that the Contractor and each
of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate by the Commissioner
of Revenue shall satisfy this requirement.
5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest
extent permitted under applicable law, without limitation, for any injuries, loss, or damages
proximately caused by Contractor's breach of this standard of care. Contractor shall put forth
reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
6. Project Manager. The Contractor has designated Adam Thoreson to manage the Work.
He/she shall be assisted by other staff members as necessary to facilitate the completion of
the Work in accordance with the terms established herein. Contractor may not remove or
replace the designated manager without the approval of the City.
7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All
goods and work not conforming to these requirements shall be considered defective. Goods
shall be subject to inspection and testing by the City. Defective goods or goods not in current
manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defective or as failing to conform under this Contract whether observed before or after
completion of the Work and whether or not fabricated, installed or completed. The Contractor
shall bear all costs of correcting such rejected Work.
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9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the Contract,
from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s
warranty are not the City’s exclusive remedy. The City shall have all other remedies available
under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar
days after receiving written notice and without expense to the City, to repair, replace and in
general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY
TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor
agrees to perform the Work in a manner and at a time so as to minimize any damages
sustained by the City and so as to not interfere with or in any way disrupt the operation of the
City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing
the defective or nonconforming Work and materials from the site, (b) the cost of correcting all
Work of other Contractors destroyed or damaged by defective or nonconforming Work and
materials including the cost of removal of such damaged Work and materials form the site,
and (c) the cost of correcting all damages to Work of other Contractors caused by the removal
of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
10. Private Property. The Contractor shall not enter upon private property for any purpose without
having previously obtained permission from the City. The Contractor shall be responsible for
the preservation of and shall use every precaution to prevent damage to all trees, shrubbery,
plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer
and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public
or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of
Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor
fail to remove such equipment, tools and supplies, the City shall have the right to remove them
and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof,
by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the
Contractor within ten (10) days after the date fixed in the written notice from the City to the
Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such
compensation, with complete substantiating records, shall be filed with the City within ten (10)
days after the date of order to resume Work in order to receive consideration. This paragraph
shall not be construed as entitling the Contractor to compensation for delays due to inclement
Page 4 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - Electric Pump.docx
weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract.
13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any other
remedy the City may have, make good such deficiencies. In such case an appropriate Change
Order shall be issued deducting from the payment then or thereafter due the Contractor the
cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are
not sufficient to cover such amount, the Contractor shall pay the difference to the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to
terminate this Contract for any of the following reasons:
a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City;
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract;
h. Unnecessary delay which, in the judgment of the City, will result in the work not being
completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which
must be taken to assure compliance with the Contract. The Contract shall be terminated at the
expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other
remedy the City may have, take possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the contract price exceeds the expense of
finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City.
In the event that the Contractor abandons the Work, fails or refuses to complete the Work or
fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection
with such abandonment, failure or refusal, and non-payment of claims wherein the City is made
co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon
ten (10) days written notice to the City for any of the following reasons:
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a. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45)
days after the sum becomes due.
16. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall
agree to be bound by the terms of this Contract as far as applicable to its work, unless
specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract within
the ten (10) days of the Contractor's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor
any undisputed amount for which the Contractor has received payment by the City, the
Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5
percent per month or any part of a month. 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
Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Contractor shall be awarded its
costs and disbursements, including attorney's fees, incurred in bringing the action.
17. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
18. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-
delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified
mail at the following address:
201 4th Ave SW
New Prague, MN 56071
Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City
by certified mail at the following address:
Andy Stephes, Utilities Foreman
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Notices shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
19. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
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them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this
Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater.
b. Contractor shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or work
performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Prior
Lake” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and
CG 20 37 07 04 or CG 20 37 04 13, or their equivalent.
f. All policies shall apply on a “per project” basis.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All policies shall be primary and non-contributory.
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i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Contract and for a minimum of two (2) years following City’s written acceptance of the
Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverages required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Contractor of any deficiencies in such documents and receipt
thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to
enforce the terms of Contractor’s obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor also
agrees that if applicable law limits or precludes any aspect of this indemnity, then the
indemnity will be considered limited only to the extent necessary to comply with that
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applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
20. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Contractor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken
or not performed or taken by Contractor, its agents, contractors and employees, relative to
this Contract. City will indemnify and hold Contractor harmless from and against any loss for
injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Contract (“Information”) shall become the property
of the City, but Contractor may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Contractor also may use
the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Contract does not relieve any liability on the part of the Contractor, but
any use of the Information by the City or the Contractor beyond the scope of this Contract is
without liability to the other, and the party using the Information agrees to defend and
indemnify the other from any claims or liability resulting therefrom.
22. Non-Discrimination. During the performance of this Contract, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Contractor shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment. The
Contractor shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Contractor further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities
Act of 1990.
23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall
be subject to mediation as a condition precedent to initiating arbitration or legal or equitable
actions by either party. Unless the parties agree otherwise, the mediation shall be in
accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
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American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation shall
be shared equally between the parties. Mediation shall be held in the City of Prior Lake unless
another location is mutually agreed upon by the parties. The parties shall memorialize any
agreement resulting from the mediation in a mediated settlement agreement, which
agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
24. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Contractor under this Contract which the City requests to be
kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Contract are subject to examination
by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years
after the effective date of this Contract. This Contract is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data,
as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Contractor in performing any of the
functions of the City during performance of this Contract is subject to the requirements of the
Data Practice Act and Contractor shall comply with those requirements as if it were a
government entity. All subcontracts entered into by Contractor in relation to this Contract shall
contain similar Data Practices Act compliance language.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
26. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without
the written consent of the other party.
27. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled
to recover punitive, special or consequential damages or damages for loss of business.
28. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract.
29. Severability. The provisions of this Contract are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Contract.
30. Entire Agreement. The entire agreement of the parties is contained herein. This Contract
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of
the provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
31. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded any of them under the Contract, nor shall any such action or
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failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
33. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
34. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original.
35. Compliance with Laws and Regulations. In providing services hereunder, the Contractor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work
to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the
Work to be provided shall constitute a material breach of this Agreement and entitle the City
to immediately terminate this Agreement.
36. Responsible Contractor
Contractor warrants under oath that Contractor is in compliance with the minimum criteria
required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has
obtained from all subcontractors and motor carriers with which it will have a direct
contractual relationship a signed statement under oath by an owner or officer verifying that
the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from
each additional subcontractor and motor carrier with which it has a direct contractual
relationship and shall submit to the City a supplemental verification confirming the
subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors
and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false
statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance
with any of the minimum criteria may result in termination of the Contract.
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Executed as of the day and year first written above.
CITY OF PRIOR LAKE
__________________________________
Mayor
___________________________________
City Manager
ELECTRIC PUMP
By: ________________________________
Its: _______________________________
Standard Construction Contract
This Contract (“Contract”) is made this 4th day of October, 2021, between the City of Prior Lake,
Minnesota (hereinafter "City"), whose business address is 4646 Dakota Street SE, Prior Lake,
MN 55372, and Sy/Com, Inc. (hereinafter "Contractor") whose business address is 6710 Penn
Ave S, Minneapolis, MN 55423.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety
of services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this Contract is to set
forth the terms and conditions for the provision of work by the Contractor as described in Exhibit
A, hereinafter referred to as the "Work”:
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with attached Exhibit A (SyCom quote PL210825A dated
August 25, 2021). The terms of this Contract shall take precedence over any provisions of
the Contractor’s proposal and/or general conditions.
2. Time of Commencement and Completion. The Work to be performed under this Contract
shall be commenced immediately after execution of this Contract. The control panel shall be
delivered to the work site by December 31, 2021.
3. Compensation for Services. City agrees to pay the Contractor a total fixed sum of $18,729
as full and complete payment for the labor, materials and services rendered pursuant to this
Contract and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance
shall be extended by a period of time lost by reason of the delay. Contractor will be
entitled to payment for its reasonable additional charges, if any, due to the delay.
4. Method of Payment. The Contractor shall submit to the City, an itemized invoice for services
performed under this Contract. Invoices submitted shall be paid in the same manner as other
claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance
with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if
provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of the
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contract. Each invoice shall be accompanied by general lien waiver and further lien
waivers from all subcontractors on the project waiving liens for work for which payment
was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the
invoice or bill must include the following signed and dated statement: “I declare under
penalty of perjury that this account, claim, or demand is just and correct and that no
part of it has been paid.”
c. Final Payment. Contractor’s request for final payment shall be accompanied by
Contractor’s affidavit that all payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the City or its property might in any
way be responsible, have been paid or otherwise satisfied. Final payment, constituting
the entire unpaid balance of the Contract Sum, shall be paid by the City to the
Contractor when the Work has been completed, the Contract fully performed, and the
City accepts the Work in writing. The acceptance of final payment shall constitute a
waiver of all claims by the Contractor except those previously made in writing and
identified by the Contractor as unsettled at the time of Application for Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the
Contractor has provided satisfactory evidence to the City that the Contractor and each
of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate by the Commissioner
of Revenue shall satisfy this requirement.
5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest
extent permitted under applicable law, without limitation, for any injuries, loss, or damages
proximately caused by Contractor's breach of this standard of care. Contractor shall put forth
reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
6. Project Manager. The Contractor has designated Tim Kamrath to manage the Work. He/she
shall be assisted by other staff members as necessary to facilitate the completion of the Work
in accordance with the terms established herein. Contractor may not remove or replace the
designated manager without the approval of the City.
7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All
goods and work not conforming to these requirements shall be considered defective. Goods
shall be subject to inspection and testing by the City. Defective goods or goods not in current
manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defective or as failing to conform under this Contract whether observed before or after
completion of the Work and whether or not fabricated, installed or completed. The Contractor
shall bear all costs of correcting such rejected Work.
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9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the Contract,
from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s
warranty are not the City’s exclusive remedy. The City shall have all other remedies available
under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar
days after receiving written notice and without expense to the City, to repair, replace and in
general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY
TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor
agrees to perform the Work in a manner and at a time so as to minimize any damages
sustained by the City and so as to not interfere with or in any way disrupt the operation of the
City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing
the defective or nonconforming Work and materials from the site, (b) the cost of correcting all
Work of other Contractors destroyed or damaged by defective or nonconforming Work and
materials including the cost of removal of such damaged Work and materials form the site,
and (c) the cost of correcting all damages to Work of other Contractors caused by the removal
of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
10. Private Property. The Contractor shall not enter upon private property for any purpose without
having previously obtained permission from the City. The Contractor shall be responsible for
the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery,
plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer
and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public
or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of
Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor
fail to remove such equipment, tools and supplies, the City shall have the right to remove them
and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof,
by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the
Contractor within ten (10) days after the date fixed in the written notice from the City to the
Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such
compensation, with complete substantiating records, shall be filed with the City within ten (10)
days after the date of order to resume Work in order to receive consideration. This paragraph
shall not be construed as entitling the Contractor to compensation for delays due to inclement
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weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract.
13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any other
remedy the City may have, make good such deficiencies. In such case an appropriate Change
Order shall be issued deducting from the payment then or thereafter due the Contractor the
cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are
not sufficient to cover such amount, the Contractor shall pay the difference to the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to
terminate this Contract for any of the following reasons:
a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City;
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract;
h. Unnecessary delay which, in the judgment of the City, will result in the work not being
completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which
must be taken to assure compliance with the Contract. The Contract shall be terminated at the
expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other
remedy the City may have, take possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the contract price exceeds the expense of
finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City.
In the event that the Contractor abandons the Work, fails or refuses to complete the Work or
fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection
with such abandonment, failure or refusal, and non-payment of claims wherein the City is made
co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon
ten (10) days written notice to the City for any of the following reasons:
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a. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45)
days after the sum becomes due.
16. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall
agree to be bound by the terms of this Contract as far as applicable to its work, unless
specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract within
the ten (10) days of the Contractor's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor
any undisputed amount for which the Contractor has received payment by the City, the
Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5
percent per month or any part of a month. 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
Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Contractor shall be awarded its
costs and disbursements, including attorney's fees, incurred in bringing the action.
17. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
18. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-
delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified
mail at the following address:
6710 Penn Ave S
Minneapolis, MN 55423
Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City
by certified mail at the following address:
Andy Stephes, Utilities Foreman
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Notices shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
19. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
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them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this
Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater.
b. Contractor shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or work
performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Prior
Lake” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and
CG 20 37 07 04 or CG 20 37 04 13, or their equivalent.
f. All policies shall apply on a “per project” basis.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All policies shall be primary and non-contributory.
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i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Contract and for a minimum of two (2) years following City’s written acceptance of the
Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverages required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Contractor of any deficiencies in such documents and receipt
thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to
enforce the terms of Contractor’s obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor also
agrees that if applicable law limits or precludes any aspect of this indemnity, then the
indemnity will be considered limited only to the extent necessary to comply with that
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applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
20. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Contractor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken
or not performed or taken by Contractor, its agents, contractors and employees, relative to
this Contract. City will indemnify and hold Contractor harmless from and against any loss for
injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Contract (“Information”) shall become the property
of the City, but Contractor may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Contractor also may use
the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Contract does not relieve any liability on the part of the Contractor, but
any use of the Information by the City or the Contractor beyond the scope of this Contract is
without liability to the other, and the party using the Information agrees to defend and
indemnify the other from any claims or liability resulting therefrom.
22. Non-Discrimination. During the performance of this Contract, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Contractor shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment. The
Contractor shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Contractor further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities
Act of 1990.
23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall
be subject to mediation as a condition precedent to initiating arbitration or legal or equitable
actions by either party. Unless the parties agree otherwise, the mediation shall be in
accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
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American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation shall
be shared equally between the parties. Mediation shall be held in the City of Prior Lake unless
another location is mutually agreed upon by the parties. The parties shall memorialize any
agreement resulting from the mediation in a mediated settlement agreement, which
agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
24. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Contractor under this Contract which the City requests to be
kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Contract are subject to examination
by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years
after the effective date of this Contract. This Contract is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data,
as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Contractor in performing any of the
functions of the City during performance of this Contract is subject to the requirements of the
Data Practice Act and Contractor shall comply with those requirements as if it were a
government entity. All subcontracts entered into by Contractor in relation to this Contract shall
contain similar Data Practices Act compliance language.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
26. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without
the written consent of the other party.
27. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled
to recover punitive, special or consequential damages or damages for loss of business.
28. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract.
29. Severability. The provisions of this Contract are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Contract.
30. Entire Agreement. The entire agreement of the parties is contained herein. This Contract
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of
the provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
31. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded any of them under the Contract, nor shall any such action or
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failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
33. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
34. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original.
35. Compliance with Laws and Regulations. In providing services hereunder, the Contractor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work
to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the
Work to be provided shall constitute a material breach of this Agreement and entitle the City
to immediately terminate this Agreement.
36. Responsible Contractor
Contractor warrants under oath that Contractor is in compliance with the minimum criteria
required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has
obtained from all subcontractors and motor carriers with which it will have a direct
contractual relationship a signed statement under oath by an owner or officer verifying that
the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from
each additional subcontractor and motor carrier with which it has a direct contractual
relationship and shall submit to the City a supplemental verification confirming the
subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors
and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false
statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance
with any of the minimum criteria may result in termination of the Contract.
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Executed as of the day and year first written above.
CITY OF PRIOR LAKE
__________________________________
Mayor
___________________________________
City Manager
SY/COM, INC.
By: ________________________________
Its: _______________________________
13605 1st Avenue North #100, Plymouth, MN 55441
P 763.412.4000 F 763.412.4090
ae-mn.com
WETLAND REPLACEMENT PLAN
DISTINCTIVE LAND DEVELOPMENT, LLC
REVERE PLACE
17944 REVERE WAY
PRIOR LAKE, MINNESOTA
SCOTT COUNTY (PID: 259120080)
AUGUST 17, 2021
AE JOB NO. 16614
Distinctive Land Development, LLC – Revere Place (USACE Reg File No: 2019-02767-SSC and Scott SWCD: WCA-21-013)
PART ONE: Applicant Information
If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the
applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf , the agent’s
contact information must also be provided.
Applicant/Landowner Name: Distinctive Land Development, LLC/Matt Odenthal
Mailing Address: 17645 Juniper Path #200, Lakeville, MN 55044
Phone: (651) 344-7151
E-mail Address: mj.odenthal@yahoo.com
Agent Name: Anderson Engineering of Minnesota, LLC, Ben Hodapp
Mailing Address: 13605 1st Avenue North, Suite 100, Plymouth, MN 55441
Phone: (763) 412-4000
E-mail Address: bhodapp@ae-mn.com
PART TWO: Site Location Information
County: Scott City/Township: Prior Lake
Parcel ID and/or Address: PID: 259120080
Legal Description (Section, Township, Range): S12, T114N, R22W
Lat/Long (decimal degrees): 44.689416, -93.405307
Attach a map showing the location of the site in relation to local streets, roads, highways. See Figures, Attachment A
Approximate size of site (acres) or if a linear project, length (feet): 10.04-acre
If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the
names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to
your application or by using block 25 of the Application for Department of the Army permit which can be obtained at:
http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform_4345_2012oct.pdf
PART THREE: General Project/Site Information
If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other
correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number.
• Scott County Soil and Water Conservation District (SWCD) Project Number: WCA-21-013
o MN WCA Boundary/Type NOD: 6/25/2021
• USACE Regulatory File No. 2019-02767-SSC
o USACE Concurrence: 6/11/2020
Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The
project description must fully describe the nature and scope of the proposed activity including a description of all project elements
that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings
showing the location, character, and dimensions of all proposed activities and aquatic resource impacts.
BACKGROUND
The site consists of approximately 10.04-acres of homestead with agricultural fields and wooded areas. There is an existing
house, a separate building with adjacent recreational court, and bituminous driveway.
A wetland delineation was conducted by Braun Intertec Corporation on August 23, 2019 at the parcel (PID: 259120080) located
northwest of the intersection of Revere Way and 180th Street East in Prior Lake, Scott County, Minnesota. A total of two wetlands
and one perennial stream were identified and delineated on-site. At this time, the region received above normal precipitation.
A complete delineation report and WCA application were submitted to the Scott County SWCD on May 20, 2021. The wetland
boundary/type at the parcel was reviewed and approved by Scott County SWCD as documented in a Notice of Decision dated
June 25, 2021. A copy of the NOD is included in Appendix B.
Historically the parcel was located within the Spring Lake Township, Scott County and identified as PID: 119120042. It was later
annexed within the limits of the City of Prior Lake in 2021 as PID: 259120080.
PROJECT DESCRIPTION
Distinctive Land Development, LLC is proposing to construct 20 new single-family residential homes located west of Revere Way
and north of 180th Street East, near Cleary Lake in Prior Lake, Scott County, Minnesota (Appendix B, Drawing 1.10). The
development will consist of removing the existing house, adjacent structures, utilities, driveway, septic tank, and filling the swale
in the southeast quadrant that provides storm water drainage off-site. The project proposes to install housing infrastructure,
utilities, a cul-de-sac that will connect to Prairie Way, and install a storm sewer network that will provide drain tile at all low
points across the Revere Way along both sides of storm sewer pipe (Appendix B, Drawing 4.10).
RESOURCE IMPACT
WETLAND 1
As depicted on Drawing 8.10 in Appendix A, wetland one is located in the northern portion of the southeast quadrant of the
parcel. Wetland one includes an ephemeral feature and a small wetland basin that is present where the topography of the
channel flattens. Vegetation within the wetland includes reed canary grass (Phalaris arundinacea), narrowleaf cattail (Typha
Angustifolia), palmer’s pigweed (Amaranthus palmeri), Canada goldenrod (Solidago canadensis), and Canada thistle (Cirsium
arvense).
EPHEMERAL FEATURE
Based on field validation and desktop review on August 11, 2021, the ephemeral feature (drainage swale) flows only in direct
response to precipitation (Figure 2). This feature is not mapped by MnDNR Public Waters or National Wetlands Inventory Map
and is located in non-hydric mapped soils. The drainage swale collects overland flow from adjacent parcels to the south and
gathers in a small wetland basin off-site that connects to the drainage swale on-site via culvert (See Figure 1 and Drawing 8.10
in Appendix A). The drainage swale also collects stormwater runoff via a storm water line from residential development to the
west. The drainage swale begins under 180th Street East via culvert that abuts a small wetland basin in a roadside ditch off-site.
It then travels northeast along the southeastern portion of the site through the drainage swale and continues to the eastern site
boundary under Revere Way via culvert. The drainage swale then continues off-site to the east.
Distinctive Land Development, LLC is proposing to fill approximately 540-linear feet of the drainage swale and 0.047-acre of
wetland one in the southeast quadrant for the construction of 20 new single-family residential homes.
Figure 1. Drainage swale connecting via culvert
from the south.
Figure 2. Drainage swale flows only in direct
response to precipitation.
Distinctive Land Development, LLC – Revere Place (USACE Reg File No: 2019-02767-SSC and Scott SWCD: WCA-21-013)
Attachment C
Avoidance and Minimization
Project Purpose, Need, and Requirements. Clearly state the purpose of your project and need for your project. Also include a
description of any specific requirements of the project as they relate to project location, project footprint, water management,
and any other applicable requirements. Attach an overhead plan sheet showing all relevan t features of the project (buildings,
roads, etc.), aquatic resource features (impact areas noted) and construction details (grading plans, storm water management
plans, etc.), referencing these as necessary:
The purpose of this project is to construct 20 new single-family residential homes in Prior Lake, Scott County, Minnesota. The
project is needed to address the demand for and deficit in available housing in the area according to the City of Prior Lake 2040
Comprehensive Plan.
Avoidance. Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist.
Clearly describe all on-site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives
that avoid all impacts to aquatic resources on the site. These alternatives may include alternative site plans, alternate sites, and/or
not doing the project. Alternatives should be feasible and prudent (see MN Rules 8420.0520 Subp. 2 C). Applicants are encouraged
to attach drawings and plans to support their analysis:
The preferred alternative for the 20 new single-family residential homes would be to install the housing infrastructure, utilities,
a cul-de-sac that will connect to Prairie Way, and install a storm sewer network. The preferred alternative would have no impacts
to wetland two; however, it is not practicable to entirely avoid impacts to wetland one. Complete avoidance of wetland one
would not meet the project purpose.
An earlier alternative design layout was contemplated but later dismissed because it would result in wetland two impacts. This
was due to the alignment of the proposed cul-de-sac and position of the single-family residential home needing to meet city
planning and zoning requirements.
The “no build” alternative was discussed and later dismissed because it does not meet the stated project purpose or need.
Complete avoidance of wetland one would result in future degradation of the wetland’s ability to function due to residential
development encircling the basin.
Minimization. Both the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest
extent practicable. Discuss all features of the proposed project that have been modified to minimize the impacts to water
resources (see MN Rules 8420.0520 Subp. 4):
The project minimized unavoidable wetland impacts to the greatest practicable extent. Wetland impacts have been minimized
to the greatest extent necessary for the project to meet the city planning and zoning design requirements for lots, streets,
sidewalks, utilities, maintain safety, and to support the project purpose and need.
The filling of the drainage swale and installation of a storm sewer network along the south and eastern portion of the parcel
would result in severe degradation of wetland one’s ability to function and provide public value. Therefore, the replacement of
the wetland with a 2:1 replacement ratio would result in a certain gain in function and public value.
Any temporary impacts will be minimized through the installation of silt fences and erosion control BMP’s during construction,
as appropriate.
Off-Site Alternatives. An off-site alternatives analysis is not required for all permit applications. If you know that your proposal
will require an individual permit (standard permit or letter of permission) from the U.S. Army Corps of Engineers, you may be
required to provide an off-site alternatives analysis. The alternatives analysis is not required for a complete application but must
be provided during the review process in order for the Corps to complete the evaluation of your application and reach a final
decision. Applicants with questions about when an off-site alternatives analysis is required should contact their Corps Project
Manager.
The applicant conducted a lengthy search of alternative sites within the vicinity and could not find any available to meet the
space, access, and city planning and zoning requirements. The proposed project is adjacent to a low-density residential use zone
and is consistent with the City of Prior Lake 2040 Comprehensive Plan.
Distinctive Land Development, LLC – Revere Place (USACE Reg File No: 2019-02767-SSC and Scott SWCD: WCA-21-013)
Attachment D
Replacement/Compensatory Mitigation
Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road
wetland replacement program. Applicants should consult Corps mitigation guidelines and WCA rules for requirements.
Replacement/Compensatory Mitigation via Wetland Banking. Complete this section if you are proposing to use credits from an
existing wetland bank (with an account number in the State wetland banking system) for all or part of your
replacement/compensatory mitigation requirements.
Wetland Bank
Account # County Major
Watershed #
Bank
Service
Area #
Credit Type
(if applicable) Number of Credits
1468 Le Sueur 33 9 2 0.094
Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at
least a tentative agreement to utilize the identified credits for the project. This documentation could be a signed purchase
agreement, signed application for withdrawal of credits or some other correspondence indicating an agreement between the
applicant and the bank owner. However, applicants are advised not to enter into a binding agreement to purchase credits until the
mitigation plan is approved by the Corps and LGU.
The project has reserved up to 0.094-acre of credit from Wetland Bank Account Number: 1468. The applicant will execute
purchase of the actual credit quantity necessary to meet replacement requirements. For proof of adequate reserved wetland
bank credits, see Appendix C for Wetland Bank Credit Reservation Agreement.
Appendix A
FIGURES
THE MEADOWS OF CLEARY LAKEREGISTERED PROFESSIONAL CIVIL ENGINEER
PREPARED BY PIONEER ENGINEERING, P.A.
REGISTERED PROFESSIONAL LAND SURVEYOR
DEVELOPER
REG. NO.
42299
BRIAN N. MOLINARO
PETER J. HAWKINSON
REG. NO.
47504
DISTINCTIVE DESIGN BUILD, LLC
17645 JUNIPER PATH #200
LAKEVILLE, MINNESOTA 55044
00-ENG-121006-SHEET-CVR
1.10COVER
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Engineer
under the laws of the State of Minnesota
c
22OFREVERE PLACE
PRIOR LAKE, MINNESOTA
DISTINCTIVE DESIGN BUILD, LLC
17645 JUNIPER PATH #200
07-23-2021
NAP/BNM
PDS/BNM
Name
Reg. No.Date
Revisions
1. XX-XX-XXXX City Comments Date
Designed
Drawn
2021 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
47504 07-23-2021
Brian N. Molinaro
LAKEVILLE, MINNESOTA 55044
SHEET INDEX
COVER SHEET 1.10
LEGEND SHEET 1.20
PRELIMINARY SITE PLAN 5.10
PRELIMINARY GRADING PLAN 7.10
PRELIMINARY EROSION CONTROL PLAN 7.20
PRELIMINARY SANITARY & WATERMAIN PLAN 6.10
XXXXXX XX-XX
PRELIMINARY STORM PLAN 6.20
PRELIMINARY LANDSCAPE PLAN L1
PRELIMINARY PLAT 3.10
EXISTING CONDITIONS 2.10
PRELIMINARY SEEDING PLAN 7.30
GRADING DETAILS 7.40-7.42
REVERE PLACE
PRELIMINARY PLAT
PRIOR LAKE, MINNESOTA
CITY DETAILS 9.10-9.14
LOCATION MAP
PRELIMINARY WETLAND IMPACT & BUFFER PLAN 8.10
PRELIMINARY TREE PRESERVATION PLAN T1
PRELIMINARY SITE DETAILS 5.20
PRELIMINARY LIGHT & SIGNAGE PLAN 6.30
PRELIMINARY REMOVALS PLAN 4.10
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Engineer
under the laws of the State of Minnesota
c
22OFREVERE PLACE
PRIOR LAKE, MINNESOTA
DISTINCTIVE DESIGN BUILD, LLC
17645 JUNIPER PATH #200
07-23-2021
NAP/BNM
PDS/BNM
Name
Reg. No.Date
Revisions
1. XX-XX-XXXX City Comments Date
Designed
Drawn
2021 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
47504 07-23-2021
Brian N. Molinaro
LAKEVILLE, MINNESOTA 55044
00-ENG-121006-SHEET-DEMO
4.10PRELIMINARY REMOVALS PLAN
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Engineer
under the laws of the State of Minnesota
c
22OFREVERE PLACE
PRIOR LAKE, MINNESOTA
DISTINCTIVE DESIGN BUILD, LLC
17645 JUNIPER PATH #200
07-23-2021
NAP/BNM
PDS/BNM
Name
Reg. No.Date
Revisions
1. XX-XX-XXXX City Comments Date
Designed
Drawn
2021 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
47504 07-23-2021
Brian N. Molinaro
LAKEVILLE, MINNESOTA 55044
00-ENG-121006-SHEET-WETL
8.10PRELIMINARY WETLAND IMPACT &
BUFFER PLAN
Denotes Existing Storm Sewer Line Denotes Proposed Storm Sewer Line
Fill Existing Drainage Swale
Appendix B
WCA NOTICE OF DECISION
Minnesota Wetland Conservation Act
Notice of Decision
BWSR NOA Form – November 12, 2019 1
Local Government Unit: Scott SWCD (delegated) County: Scott
Applicant Name: Distinctive Land Development LLC Applicant Rep: Ben Ruhme, Braun Intertec
Project Name: PID 119120042 LGU Project No. (if any): WCA-21-013
Date Complete Application Received by LGU: 5/20/2021
Date of LGU Decision: 6/25/2021
Date this Notice was Sent: 6/25/2021
WCA Decision Type - check all that apply
☒Wetland Boundary/Type ☐ Sequencing ☐ Replacement Plan ☐ Bank Plan (not credit purchase)
☐No-Loss (8420.0415)☐Exemption (8420.0420)
Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9
Replacement Plan Impacts (replacement plan decisions only)
Total WCA Impact Area Proposed: N/A
Wetland Replacement Type: ☐ Project Specific Credits:
☐Bank Credits:
Bank Account Number(s):
Technical Evaluation Panel Findings and Recommendations (attach if any)
☒Approve ☐ Approve w/Conditions ☐ Deny ☐ No TEP Recommendation
The TEP met onsite on May 20 and concurred with the boundaries as marked.
LGU Decision
☐Approved with Conditions (specify below)1 ☒ Approved1 ☐Denied
List Conditions: This approval does not authorize any wetland impacts.
Decision-Maker for this Application: ☒ Staff ☐ Governing Board/Council ☐ Other:
Decision is valid for: ☒ 5 years (default) ☐ Other (specify):
1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project-specific replacement
a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on the title of the property on which the
replacement wetland is located must be provided to the LGU for the approval to be valid.
LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1.
☐Attachment(s) (specify):
☒Summary: The LGU concurs with TEP findings that wetlands on the subject property have been accurately depicted
and described in the Wetland Delineation Report dated Nov 7, 2019, in conformance with 8420.0405, Minnesota Rules.
Note this NOD approves the delineation of wetlands on PID 119120042 only.
1 Findings must consider any TEP recommendations.
Attached Project Documents
☒Site Location Map ☐ Project Plan(s)/Descriptions/Reports (specify):
BWSR NOD Form – November 12, 2019
Appeals of LGU Decisions
If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you received the
notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable
to BWSR for $500 unless the LGU has adopted a local appeal process as identified below. The check must be sent by mail and
the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and
contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and
supporting information as to why the decision is in error. Send to:
Appeals & Regulatory Compliance Coordinator
Minnesota Board of Water & Soils Resources
520 Lafayette Road North
St. Paul, MN 55155
travis.germundson@state.mn.us
Local Appeals
Does the LGU have a local appeal process applicable to this decision?
☐Yes1 ☐ No
1If yes, all appeals must first be considered via the local appeals process.
Submittal Requirements - describe how to appeal, submittal requirements, fees, etc. as applicable
Notice Distribution (include name)
Required on all notices:
☒SWCD TEP Member: Collin Schoenecker ☒BWSR TEP Member: Ben Carlson
☒LGU TEP Member (if different than LGU contact): Troy Kuphal, Jon Utecht
☒County: Greg Wagner
☒City: Pete Young
☒Watershed District or WMO Representative: Ryan Holzer
Holzerarchnia☒Applicant: Matt Odenthal, Distinctive Land Development LLC ☒ Applicant Rep: Ben Ruhme, Braun Intertec
Optional or As Applicable:
☐Corps of Engineers:
☐BWSR Wetland Mitigation Coordinator (required for bank plan applications only):
☐Members of the Public (notice only):☒Other: Melissa Hanson, Spring Lake Twp
Signature: Date:
This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a
summary of the application to members of the public upon request per 8420.0255, Subp. 3.
6/25/2021
Appendix C
WETLAND BANK CREDIT RESERVATION AGREEMENT
6010 170th Street East
Preliminary Plat, Preliminary Planned Unit Development
and Rezone
170th St E
GraystoneCtSECre
d
i
t
R
i
v
e
r
R
d
S
EIndustrial Cir SEWelcomeAveSE87
21
Three Rivers Park District, Esri, HERE, Garmin, INCREMENT P, NGA, USGS,
Scott County GIS
12
77
44
42
27
21
87
16
23
15
18
82
78
17
79
83
14
70
X:\Planning\Location Map\Location Map Template\6010 170th Street.aprx
0 340 680 1,020 1,360
Feet
Subject Properties
Subject Property
237.26MB960.29PP961.04CP961.81POST960.97POST960.28CULVERT 10''957.91CULVERT 10''954.81CULVERT 10''954.69POST
957.60
POST
957.74 MB958.07CP950.52CP950.64WELL952.71GUY WIRE957.07GUY WIRE957.06GUY WIRE957.26GUY WIRE957.36GUY WIRE956.84CP952.50CP948.92CP952.50CP948.92FES 15955.18FES 15955.89FES 15956.65FES 15956.69957956959962961960959958958959
960
957958959960961962SANINV940.3TNHCPCPPOSTPOSTPOSTPOSTPOSTRW B
957.6
RW
957.2
RW
957.2RW E
956.7
RW B
955.3
RW
955.1
RW E
955.9
9529
5
1
95
0
95
1952953954 95295195094994995095195295395495595595695
7 9499
5
0
9
4
8 947947948949950951952953949 948947946945 944943943944945946946947948948947946945944944945946945945944943943944945946947 943942941959
958
957
956
95
4
95
3
952
95
1
96
1
96
0
959
958
957
956
956
957
958
957962957
956
955
956957
958
959
959
959
958957956
955960960
959
958 957956GATEBITUMINOUS SURFACEBITUMINOUS SURFACEBITUMINOUS SURFACEACCESS EASEMENT OVER THE WEST 20 FEET OF THESOUTH 294.55 FEET OF THE SOUTHWEST QUARTER,PER DOC. NO. 266394945944943942946947948949950951952947 945944944 945 944943942943 944945944946947947B-04B-03B-02B-01B-05B-06B-07B-08BITUMINOUSBITUMINOUS94794894995095195295
3
953954955954946945950951950952953958
957956
960
961960957 BUILDINGHOUSEBUILDING170TH STREET EASTBENCHMARK -CONTROL MON.=954.81EXIST. SAN MHTC=956.1INV=940.3Kiehm Construction, Inc.8415 220th Street WestLakeville, MN 55044952-469-5600TOPOGRAPHIC SURVEYAND SITE REMOVALSPL 170TH STREET, LLCPRIOR LAKE, MNPROPERTY DESCRIPTION:The south 1391.13 feet of the west half of the Southwest Quarter of Section 6, Township114, Range 21, Scott County, Minnesota, lying west of the east 366 feet thereof, Exceptthe west 375.75 feet of the east 741.75 feet of the south 1391.13 feet of the west half ofthe Southwest Quarter of Section 6, Township 114, Range 21, Scott County, Minnesota.FUTURE REVEREEXTENSIONREMOVE BITUMINOUS PAVEMENTNORTH OF THIS POINTREMOVE STRUCTURESREMOVE OVERHEADPOWER AND POLESREMOVE BRUSH AND TREESSEAL AND CAP WELLPAVEMENTREMOVAL LIMITES(HATCHED AREA)PAVEMENT TOREMAIN
MB960.29CULVERT 10''957.91CULVERT 10''954.81CULVERT 10''954.69MB958.07GUY WIRE957.07GUY WIRE957.06GUY WIRE957.26GUY WIRE957.36GUY WIRE956.84FES 15955.89FES 15956.65FES 15956.69SANINV940.3TNHRW B
957.6
RW
957.2
RW
957.2RW E
956.7
RW B
955.3
RW
955.1
RW E
955.9
ACCESS EASEMENT OVER THE WEST 20 FEET OF THESOUTH 294.55 FEET OF THE SOUTHWEST QUARTER,PER DOC. NO. 26639420' GATE6' DECORATIVE FENCEBITUMINOUSBITUMINOUSVALLEY GUTTER AT 0.40% SLOPEVALLEY GUTTER AT 0.40% SLOPE170TH STREET EAST6' HIGH CHAIN LINK FENCE ONPROPERTY LINE5OUTLOT ALOT 1BLOCK 1DRAINAGE AND UTILITY EASEMENTEXIST. SAN MHTC=956.1INV=940.332.150.0
50.0
50.0
50.0 30.030.057.2
37.2
41.9DRAINAGE AND UTILITY EASEMENT5 PARALLEL PARKING STALLS6' HIGH CHAIN LINK FENCE ONPROPERTY LINE AROUND BASINSEXISTING PAVEDENTRANCE TO REMAIN6' DECORATIVE FENCEREPAIR DRIVE AND REPLACECULVERT AFTER UTILITYINSTALLATIONB612 CURBB612 CURBB612 CURBB612 CURB20' SLIDING GATEVEHICLE TURNING MOVEMENT30.6BEGIN CURBEND CURBEND CURBKiehm Construction, Inc.8415 220th Street WestLakeville, MN 55044952-469-5600SITE LAYOUT PLANPL 170TH STREET, LLCPRIOR LAKE, MN
MB
960.29
PP
963.13
PP
961.04
CP
961.81
POST
960.97
POST
960.28
CULVERT 10''
957.91
CULVERT 10''
954.81
CULVERT 10''
954.69POST 957.60POST957.74MB
958.07
CP
950.52
CP
950.64
GUY WIRE
957.07GUY WIRE
957.06GUY WIRE
957.26
GUY WIRE
957.36
GUY WIRE
956.84
CP
952.50
CP
948.92
CP
952.50
CP
948.92
FES 15
955.18
FES 15
955.89
FES 15
956.65
FES 15
956.69
9609599589579
5
6
95
9 9629619609599
5
8
9589599609
5
7
9
5
8
959
96
0
96
1
96
2
SAN
INV
940.3
TNH
CP
CP
POST
POST
POST POSTPOST
RW B957.6RW957.2RW957.2RW E956.7RW B955.3RW955.1RW E955.9952
951950951952
95
3
954
9
5
2
9
5
1
9
5
0
9
4
9
949
9
5
0
951
9
5
2
953
95
4
95
5
955
956 957949
950948947
94
7
94
8 94
9
95
0
951
952
953
949948947946945944
943
943
944
945
946
946
947
948
948
947
946
945
944944945946
94
5
945
944943
943
944
94
5
946
947943
942
941
9599589579569549539529519619609599589579569569579589
5
7
962957956955956957958959959959958957956955960960959958957956ACCESS EASEMENT OVER THE WEST 20 FEET OF THE
SOUTH 294.55 FEET OF THE SOUTHWEST QUARTER,
PER DOC. NO. 266394
20' GATE
FF=955.0
FF=955.0
FF=954.5FF=954.0FF=953.5FF=953.0FF=952.5FF=952.0FF=951.5
955.0950.5FF=954.5FF=954.0FF=953.5FF=953.0FF=952.5FF=952.0FF=951.5
FF=951.5 FF=952.0 FF=952.5 FF=953.0 FF=953.5 FF=954 FF=954.5 FF=955.0 954.2955.0950.2954.5950.2950.5950.8950.86' DECORATIVE FENCE
EXIST. GRADE
AT PROPERTY
LINE = 942.5
945
944
943
942
946
947 948949950951952947
945
944
944945944
943942
943944
945
944
946
947
947SHALLOW WETLAND
BOTT. = 941.0
HWL=944.4 NWL=943.0
WETLAND
BOTT. = 940.0
NWL=943.0
HWL=946.1
DETENTION/SEDIMENTATION
BASIN
BOTTOM = 938.0
NWL=943.0
HWL=946.5
FE=943.0FE=942.5
FE=943.0
B-04
B-03
B-02
B-01
B-05
B-06
B-07
B-08
BITUMINOUS BITUMINOUS
SKIMMER STRUCTURE
OVERFLOW=948.0
15" INV=943.0
FE=943.0
12" CULVERT
12" CULVERT
TOP OF DETENTION
BASIN=948.5
TOP OF INFILTRATION
BASIN=945.0 9479489499509519
5
2 953953
954
95
5
9
5
4
946945
950
9519
5
0
952
95
3
9589579
5
6 960961960957
TOP OF WETLAND
BASIN=948.5
VALLEY GUTTER AT 0.40% SLOPE
VALLEY GUTTER AT 0.40% SLOPE 170TH STREET EASTFE=943.0
6' HIGH CHAIN LINK FENCE ON
PROPERTY LINE
FE=943.0
5
OUTLOT A
LOT 1
BLOCK 1
DRAINAGE AND UTILITY EASEMENT
BENCHMARK -
CONTROL MON.=954.81
EXIST. SAN MH
TC=956.1
INV=940.3952.5952.0950.0953.5951.0949.741.9
954.3954.6954.3955.0954.7954.8954.0953.0B612 CURB AT 0.46% SLOPE
DRAINAGE AND UTILITY EASEMENT
FE=943.0
FE=942.0
5 PARALLEL PARKING STALLS
6' HIGH CHAIN LINK FENCE ON
PROPERTY LINE AROUND BASINS
EXISTING PAVED
ENTRANCE TO REMAIN
6' DECORATIVE FENCE
SILT FENCE ALONG PROPERTY LINES
5 C.Y. RIP-RAP
5 C.Y. RIP-RAP
4 C.Y. RIP-RAP
3 C.Y. RIP-RAP
REPAIR DRIVE AND REPLACE
CULVERT AFTER UTILITY
INSTALLATION
B612 CURB
B612 CURB
B612 CURB
B612 CURB
ALL SLOPES AROUND PONDS AND
WETLANDS ARE 3:1 OR LESS
EOF=947.5
EOF=947.5
EOF=946.5
BASIN TO BE EXCAVATED FOR TEMPORARY
SEDIMENT BASIN DURING MASS GRADING THE ENTIRE SITE WITHIN THE PROPERTY LINE WILL
BE CLEARED OF ALL VEGETATION AND RE-GRADED.
FUTURE CONTOURS WHEN
170TH STREET IS UPGRADED
EOF=950.7
EOF=950.7
EOF=950.2
BEGIN CURB
END CURB
END CURB
Kiehm Construction, Inc.
8415 220th Street West
Lakeville, MN 55044
952-469-5600
GRADING AND DRAINAGE
PLAN
PL 170TH STREET, LLC
PRIOR LAKE, MN
SITE DISCHARGE: DESIGN OF STORM DRAINAGE SYSTEM IS TO DRASTICALLY LOWER POST FLOWS:
EXISTING FLOW PROPOSED FLOW HWL (RETENTION)HWL (WETLAND)HWL (SHALLOW WETLAND)
2-YR 3.13 CFS 1.31 CFS
10-YR 8.89 CFS 2.06 CFS
100-YR 27.04 CFS 3.17 CFS 946.5 946.1 944.4
FUTURE REVERE
EXTENSION
MB
960.29
PP
963.13
PP
961.04
CP
961.81
POST
960.97
POST
960.28
CULVERT 10''
957.91
CULVERT 10''
954.81
CULVERT 10''
954.69POST 957.60POST957.74MB
958.07
CP
950.52
CP
950.64
GUY WIRE
957.07GUY WIRE
957.06GUY WIRE
957.26
GUY WIRE
957.36
GUY WIRE
956.84
CP
952.50
CP
948.92
CP
952.50
CP
948.92
FES 15
955.18
FES 15
955.89
FES 15
956.65
FES 15
956.69
9609599589579
5
6
95
9 9629619609599
5
8
9589599609
5
7
9
5
8
959
96
0
96
1
96
2
SAN
INV
940.3
TNH
CP
CP
POST
POST
POST POSTPOST
RW B957.6RW957.2RW957.2RW E956.7RW B955.3RW955.1RW E955.9952
951950951952
95
3
954
9
5
2
9
5
1
9
5
0
9
4
9
949
9
5
0
951
9
5
2
953
95
4
95
5
955
956 957949
950948947
94
7
94
8 94
9
95
0
951
952
953
949948947946945944
943
943
944
945
946
946
947
948
948
947
946
945
944944945946
94
5
945
944943
943
944
94
5
946
947943
942
941
9599589579569549539529519619609599589579569569579589
5
7
962957956955956957958959959959958957956955960960959958957956ACCESS EASEMENT OVER THE WEST 20 FEET OF THE
SOUTH 294.55 FEET OF THE SOUTHWEST QUARTER,
PER DOC. NO. 266394
20' GATE
FF=955.0
FF=955.0
FF=954.5FF=954.0FF=953.5FF=953.0FF=952.5FF=952.0FF=951.5
955.0950.5FF=954.5FF=954.0FF=953.5FF=953.0FF=952.5FF=952.0FF=951.5
FF=951.5 FF=952.0 FF=952.5 FF=953.0 FF=953.5 FF=954 FF=954.5 FF=955.0 954.2955.0950.2954.5950.2950.5950.8950.86' DECORATIVE FENCE
EXIST. GRADE
AT PROPERTY
LINE = 942.5
945
944
943
942
946
947 948949950951952947
945
944
944945944
943942
943944
945
944
946
947
947SHALLOW WETLAND
BOTT. = 941.0
HWL=944.6 NWL=943.0
INFIL. BASIN
BOTT. = 945.0
HWL=947.5
DETENTION/SEDIMENTATION
BASIN
BOTTOM = 938.0
NWL=945.0
HWL=947.9
FE=943.0FE=942.5
FE=945.0
B-04
B-03
B-02
B-01
B-05
B-06
B-07
B-08
BITUMINOUS BITUMINOUS
SKIMMER STRUCTURE
OVERFLOW=948.0
24" INV=944.0
18" CULVERT
TOP OF DETENTION
BASIN=948.5
TOP OF INFILTRATION
BASIN=945.0 9479489499509519
5
2 953953
954
95
5
9
5
4
946945
950
9519
5
0
952
95
3
9589579
5
6 960961960957
TOP OF WETLAND
BASIN=948.5
VALLEY GUTTER AT 0.40% SLOPE
VALLEY GUTTER AT 0.40% SLOPE 170TH STREET EAST6' HIGH CHAIN LINK FENCE ON
PROPERTY LINE
FE=945.0
5
OUTLOT A
LOT 1
BLOCK 1
DRAINAGE AND UTILITY EASEMENT
BENCHMARK -
CONTROL MON.=954.81
EXIST. SAN MH
TC=956.1
INV=940.3952.5952.0950.0953.5951.0949.741.9
954.3954.6954.3955.0954.7954.8954.0953.0B612 CURB AT 0.46% SLOPE
DRAINAGE AND UTILITY EASEMENT
FE=945.0
FE=943.0
5 PARALLEL PARKING STALLS
6' HIGH CHAIN LINK FENCE ON
PROPERTY LINE AROUND BASINS
EXISTING PAVED
ENTRANCE TO REMAIN
6' DECORATIVE FENCE
SILT FENCE ALONG PROPERTY LINES
5 C.Y. RIP-RAP
5 C.Y. RIP-RAP
4 C.Y. RIP-RAP
REPAIR DRIVE AND REPLACE
CULVERT AFTER UTILITY
INSTALLATION
B612 CURB
B612 CURB
B612 CURB
B612 CURB
ALL SLOPES AROUND PONDS AND
WETLANDS ARE 3:1 OR LESS
EOF=948.0
RIP-RAP OVERFLOW = 947.0
EOF=946.5
BASIN TO BE EXCAVATED FOR TEMPORARY
SEDIMENT BASIN DURING MASS GRADING THE ENTIRE SITE WITHIN THE PROPERTY LINE WILL
BE CLEARED OF ALL VEGETATION AND RE-GRADED.
FUTURE CONTOURS WHEN
170TH STREET IS UPGRADED
EOF=950.7
EOF=950.7
EOF=950.2
BEGIN CURB
END CURB
END CURB
DTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDT
TOP OF INFILTRATION
BASIN=948.5
INFILTRATION BASIN TO HAVE 3' OF
AMENDED SOIL (70% SAND/30% COMPOST)
Kiehm Construction, Inc.
8415 220th Street West
Lakeville, MN 55044
952-469-5600
GRADING AND DRAINAGE
PLAN
PL 170TH STREET, LLC
PRIOR LAKE, MN
SITE DISCHARGE: DESIGN OF STORM DRAINAGE SYSTEM IS TO DRASTICALLY LOWER POST FLOWS AND VOLUME:
EXISTING FLOW PROPOSED FLOW HWL (RETENTION)HWL (INFILTRATION)HWL (SHALLOW WETLAND)
2-YR 3.13 CFS 0.21 CFS
10-YR 8.89 CFS 0.66 CFS
100-YR 27.04 CFS 7.12 CFS 947.9 947.5 944.6
FUTURE REVERE
EXTENSION
L:\21 FILES\21 SUBDIVISIONS\PRELIMINARY PLAT\6010 170th Street PDEV21-000002\01 PC Report 09.27.21\6010 170th Street Report_Attach5.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum
To: Nick Monserud, Project Engineer
Pete Young, Water Resources Engineer
From: Kris Keller, Dustin Simonson, Laura Kivisto - WSB
Date: September 16, 2021
Re: PL 170th Street
City Project No. DEV21-000007
WSB Project No. 10704-000
We have reviewed the updated preliminary plat documents submitted for the PL 170th Street site
dated September 13, 2021 as prepared by Jacobson Engineering and Surveyors. The following
documents were received:
• 220049 CIVIL SET 9121.pdf
• HYDROCAD REPORT 9121.pdf
• DRAINAGE NARRATIVE 9121.pdf
Comments are provided within this Memorandum and in the corresponding redlined plan set.
Please note that not all comments within the plan set are in the Memorandum. We have the
following comments with regards to stormwater management and engineering.
General
1. Submit for and provide copies to the City of all required permits from regulatory agencies
(MCES, Minnesota Pollution Control Agency, Minnesota Department of Health, NPDES,
etc.) Applicant acknowledged
2. An NPDES permit is required as the site exceeds 1 acre of disturbance
Applicant acknowledged
Plat
1. Additional right of way and easements may be necessary as part of the 170th Street
reconstruction project which may impact the extents of the proposed site and parking
area on the south side.
a. The City will provide additional information regarding needed right of way and
easements when it is known later this month.
i. Provide temporary construction easement abutting 170th Street/Credit
River Road to accommodate proposed grading
b. Additional discussions may be needed regarding the elevation of the site and
how it will match into the proposed 170th Street project profile and cross sections
at that time.
PL 170th Street
September 16, 2021
Page 2
Stormwater Management
Abstraction volume credits may not be claimed from the wetlands as currently designed. Reasons
include the presence of D soils and a depth from the bottom of the basins to the outlet elevation
that exceeds 1-foot and would therefore not draw down within 48-hours as required for soils with
an infiltration rate of 0.25 in/hr.
1. Rate Control
a. Adherence to the rate control requirement may not be verified until all drainage
area and modeling comments are completed.
2. Volume Control
a. Because this area is tributary to landlocked Markley Lake, the following restricted
volume control is required for that tributary area:
i. Volume shall be reduced in the proposed conditions by a volume equal
to or greater than 1.0 inches over all new impervious surfaces.
1. Can claim volume reduction credit for the approximate 29,475
cubic feet of impervious surface area routed to the proposed
basins. Routing the impervious area on the east side of the site
to the basins is recommended to meet the volume control
requirement.
ii. Extended duration detention is required such that the volume discharging
offsite in the proposed condition not exceed the volume discharging
offsite in the existing conditions in the 24-hour period following the peak
of the 100-year, 24-hour rainfall event.
iii. The City of Prior Lake design manual states that constructed wetlands
may be used to abstract volume. The applicant must work with the City
to determine the amount of volume control credit to be applied.
1. Requirements and recommendations laid out in the Minnesota
Stormwater Manual shall be followed.
iv. Provide documentation of all modeling and credits claimed.
3. Water Quality
a. Provide modeling to show that the ponds and wetlands will result in a 60%
reduction in TP and a 90% reduction in TSS from the proposed development
area draining to the pond.
4. Drainage Areas
a. Update the drainage area maps to include the additional offsite drainage from the
east and west that enters the site.
b. The eastern building and impervious area will drain east and off the site. Modify
the drainage areas to reflect this. Consider adding storm sewer to pick up the
water and route it to the detention basin.
c. Will additional drainage be routed to the 27” pipe on the south end of the site in
the future? Clarify the use of a stub and ensure all future proposed drainage is
considered.
5. HydroCAD Modeling
PL 170th Street
September 16, 2021
Page 3
a. Update the areas to reflect the drainage area map updates.
b. The total modeled existing drainage area must be equal to the proposed
modeled drainage area for an accurate comparison.
c. The minimum allowable time of concentration value is 7 minutes (update 2P).
d. The net new impervious area in the modeling (proposed minus existing) is 8.3
acres which is different from the value listed in the stormwater management
report. Modify the modeling and stormwater management report to have a
consistent net new impervious area value.
e. Modify the outlet pipe from the detention pond to match the pipe size, slope, and
length shown in the plans.
f. Modify the outlet pipe from the wetland to match the pipe size, slope, and length
shown in the plans.
g. The starting elevations of the wetland and shallow wetland must be set at the
outlet pipe elevations because the basins will function as ponds with dead
storage (unless soil amendments are provided to facilitate infiltration and the
basins can drawdown within 48-hours to function as an infiltration or filtration
basin).
h. Ensure that the HWL does not exceed the provided storage in the HydroCAD
model.
i. Account for the preexisting swale through the site in the existing conditions
model.
j. Exfiltration from the HydroCAD model shall be routed downstream and not
discarded from the system because drain tile is proposed.
6. Basin Design
a. Provide Walker calculations to show that the basin has been designed with an
adequate permanent pool volume (Public Works Design Manual, Section 7).
b. A 10-foot wide aquatic bench with a slope of 10:1 is required below the outlet
elevation of the pond. Provide cross section details to illustrate.
c. The top of the berm must be 2 feet higher than the 100 -year HWL and must be
modified for the basins.
d. The EOF elevations must be 1 foot higher than the 100-year HWL of the basin.
e. Provide pond cross section details.
f. Outlet control structures are required from ponding areas. Add an outlet control
structure to the filtration basin to control the HWL elevation and provide a point of
connection for the drain tile and outlet pipe.
g. Label the size, slope, and elevation of the drain tile.
h. Provide rip rap at all pond outlet pipe locations.
i. Provide a final stabilization and planting plan for the basins /site.
7. General Drainage
a. The maximum allowable length of a drainage swale is 200-feet. Modify site to
meet requirements.
b. Define maintenance access routes to all stormwater infrastructure and ponding
areas (maximum grade of 8%, maximum 2% cross slope, minimum of 10’ wide).
8. Freeboard
a. Low openings shall be 2 feet above the EOFs.
General Comments
1. Show wetland buffer, buffer signage, and tree preservation signage on the grading plan.
[PWDM PII.2.18]
Grading
PL 170th Street
September 16, 2021
Page 4
1. Provide inlet or rim elevations for all catch basins on grading plan
a. Provide associated EOFs
2. Verify drainage on the southern side of the westernmost building (955.0 to 955.0)
a. Modify spot elevations as necessary
3. Note EOFs for the northern curbline catch basins will overflow to each other first before
overflowing the curb of the westernmost catch basin.
Utilities
1. Maintenance agreements between the property owner and the City will need to be
provided that define the ownership and responsibilities of the utility services from the
utility mains to the buildings.
a. Owner would be responsible for the sanitary sewer service from the connection
with SAN MH-S1 and for the water service from the connection with the 8” gate
valve in the front drainage and utility easement.
2. Provide why the bulkheaded 15” storm sewer pipe in the eastern aisle is not terminated
at the same point as the bulkheaded 27” storm sewer pipe in the center aisle. The 15”
pipe is terminated at the last storm lead while the 27” is extended to the southern curb
line before being bulkheaded.
a. Consider using CBs or cleanouts for access, maintenance, and flushing of
proposed storm sewer pipes
3. Fire official to review revised hydrant spacing for fire coverage of the buildings.
a. Provide additional hydrants (maximum 300’ spacing for commercial)
4. The nearest soil boring (B-08) reports groundwater at ~944. Public sanitary sewer is
proposed to be installed from around 940 to 941.
a. Dewatering may be necessary and will need to follow the requirements of any
water appropriation permits from the DNR. Applicant acknowledged
5. Provide all invert elevations to MH-S1
a. Label stub pipe in profile
b. Label invert and plug end of stub in profile
Roadway/Parking Area
1. Fire official to review revised emergency access.
a. Provide turning movements for southeast corner of site.
b. Show how vehicles can achieve a counter-clockwise turning direction after
entering the site to be able to exit.
i. The vehicle turning movement provided entering the gate does not
match the type of vehicle shown in turning movements around the
buildings
ii. Applicant indicated that any large vehicle will have to traverse the site
and exit from north going south
PL 170th Street
September 16, 2021
Page 5
2. Label all curb beginnings/ends on the plan
a. Provide where D412 (surmountable) curb is used on the plan or remove detail
3. Identify areas of proposed/replaced bituminous and existing bituminous to remai n due to
site and utility construction.
a. Show full pavement removals on Site Removals Sheet (C-1) and limits on utility
sheets. The full width of the road will need to be removed where disturbed.
b. Update areas of existing bituminous to remain based on the additional areas to
be removed due to utility installation.
c. Street restoration in the 170th Street right of way will need to match the existing
street section.
d. Note, the geotechnical report recommends 10” aggregate base under 4”
bituminous for the pavement design. The proposed bituminous pavement
section has 8” aggregate base under 4”.
4. Note, typical sliding gates are 1.5 times the span they are blocking and require additional
anchored posts to support the gate in the fully opened and closed positio ns causing
potential conflicts with turning movements and traffic flow. Applicant acknowledged
5. Include concrete area around buildings and existing sanitary facilities as part of removals.
SWPPP
1. Include the location of the following BMPs on the ESC plan:
a. Inlet protection
b. Rock construction entrance
c. Perimeter control around basins
Wetland
1. The development has an approved wetland delineation boundary. Based on the
approved wetland delineation, the site has type 2 and 3 wetlands present within OUTLOT
A. Wetlands also occur within the building site. Wetland alteration within OUTLOT A,
including but not limited to grading and/or additional water will need to be approved under
WCA. Wetland impacts will need to be approved under WCA prior to impacts.
a. Applicant indicated that this was in process. At this time, no application has been
received by the City as the LGU. The City will need to see a proposed wetland
impact application that can reasonably meet WCA requirements prior to
approving any overall site, grading or utility plans.
2. 7/16/21 Wetland Meeting Notes/Comments
a. Meeting Attendees: Tony Kaster (Wenck/Stantec), Garry Tupy, Marty Keihm
(Keihm Construction), Collin Schonecker (SWCD), Pete Young (City of Prior
Lake), Nick Monserud (City of Prior Lake), Alison Harwood (WSB)
b. Purpose of Project:
i. Provide economic development opportunities in area
ii. Provide flood storage benefit
PL 170th Street
September 16, 2021
Page 6
1. Data provided does not show that there is any flood reduction
benefit – no volume data provided.
c. Sequencing flexibility request
i. Not supported for this project as a whole
1. Wetlands are not degraded enough.
2. Future offsite development can’t be assumed to substantially
degrade the wetlands – parcel to east no longer available for
annexation to City of Prior Lake; any future offsite development
would also need to provide sequencing for wetlands.
3. May be able to request sequencing flexibility for individual
wetlands in the site – provide more information to support
request.
d. No Loss requests
i. Not applicable for wetland #3 – swale being created through the wetland,
which will remove hydrology.
ii. Provide more information to support the No Loss request for wetland #1
1. Proposal shows this area as an infiltration basin. How will
hydrology be maintained?
2. How will area be restored (provide exhibit)
3. How will area be maintained into the future to ensure the
functions/values are improved over the current conditions?
4. Meeting from December 2020 discussed regional stormwater
BMPs, providing benefit to this site and also accounting for
stormwater from surrounding areas – this current proposal is
site-specific. Below were the TEP comments from December
2020 with regard to applicability of the No Loss:
a. Excavation is allowed in Type 2, 5, and the semi-
permanently flooded areas of Type 3.
b. Pretreatment would be required for it to fall into the No
Loss category (2-cell system)
c. Still need to show avoidance/minimization
d. Design should also include elements that would make it
more natural (gradual slopes, undulating bottom, native
seeding, etc.)
5. Avoidance/minimization has not been shown – the plan involves
the grading of the entire wetland.
e. Consider offsite impacts
i. Will there be secondary impacts to the offsite portions of Wetlands 1, 3,
or 4? If so, those areas need to be mitigated for.
ii. Show those areas on impact exhibit and provide a discussion.
f. Provide alternatives that reduce impacts/impact minimization efforts:
PL 170th Street
September 16, 2021
Page 7
i. Can sedimentation basin/unit layout be revised to avoid or minimize
impacts to wetland #2?
ii. Can infiltration methods be provided in an alternative location to
minimize impacts to wetland #1? Infiltration will not be allowed on type D
soils within existing wetlands – this comment has been provided multiple
times during our engineering review. Find a more suitable location for
infiltration BMPs on the site. City will work with applicant/engineer to look
at alternatives to meet stormwater requirements.
g. Next steps:
i. Provide additional information to TEP related to the items discussed
above:
1. Flood reduction benefit
a. Volume requirements need to be met as it relates to
stormwater design. Unless the proposed design is going
above and beyond the stormwater requirements, this is
not a benefit.
b. Rate control reduction is not a flood reduction benefit.
2. Inclusion of No Loss impacts in purchased mitigation calculation
3. Provide more information regarding the applicability of the No
Loss for wetland 1, or if not feasible add those impacts to
purchased mitigation calculation
4. Account for offsite impacts or provide data supporting that offsite
impacts will not occur (wetlands 1, 3, and 4)
5. Avoidance/impact minimization alternatives
ii. City will notice the application (expected week of 7/19)
1. Note: replacement plans require Council approval
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
Memo
The Community Development Department has reviewed the Preliminary Plat and PUD plans for the subject
project with a Professional Engineer and Land Surveyor signature date of July 12, 2021 and we have the
following comments.
General
➢ Development Fees – The following development fees, based on a total net acreage of 10.06 acres,
are to be collected prior to recording of any approved 2021 final plat application:
o Park Dedication ($9,000/net acre) = $90,540
o Trunk Water ($3,840/net acre) = $38,630.40
o Trunk Sanitary Sewer ($4,700/net acre) = $47,282
o Trunk Storm Sewer ($8,615/net acre) = $86,666.90
o 6% administrative fee and 8% construction observation escrow amounts are unknown
currently. These costs will be based on public construction costs (which include landscaping,
streets, public trails, and public utilities)
➢ Warranty Deeds – Submit draft warranty deeds for any future public ownership Outlots with Final
Plat application.
Preliminary Plat / PUD Plan
➢ Zoning Modifications – Applicant requested PUD zoning modification to the typical I-1, General
Industrial zoning requirement in the following area:
o Building setback adjacent to residentially zoned property:
▪ Minimum required – 60 feet
▪ Minimum proposed – 20 feet
➢ Self-Service Storage is a use permitted with conditions in the I -1, General Industrial district.
Conditions include:
a. No compartment doors shall be allowed on a building façade which faces property in a
residential zoning district.
b. No areas on site shall be utilized as residential living units
c. Maximum building height shall be two (2) stories or 35 feet, whichever is less.
d. If the proposed building(s) are within 100 feet of an abutting property which is used or zoned
residential, a minimum six (6) foot tall fence, wall, or berm shall screen the buildings from the
adjacent residential use. Screening shall be 100% opacity in the form of a fence, wall, or berm
along any area visible from any property in a residential Zoning District. Privacy slats,
wind screening or other fence inserts, commonly used with chain link fencing, shall not be used
to achieve this screening requirement.
Date: August 5, 2021
To: Kiehm Construction, Inc. - Marty Kiehm, Pat Pollard
From: Casey McCabe, Community Development Director
Subject: 6010 170th Street East Preliminary Plat, PUD, and Rezoning
City Project #PDEV21-000002
e. No outdoor storage is permitted on site, including but not limited to vehicles, recreational
vehicles, portable storage units, and construction materials.
f. No storage of hazardous, explosive, of flammable materials is permitted.
g. No servicing of motor vehicles, boats, lawn mowers, or similar equipment is permitted on site.
h. Amplified music/sound, auctions, wholesale, retail sales and garage sales are not permitted.
i. Exterior materials shall be in accordance with the design requirements of the Zoning
Code. Building colors shall consist of subtle, neutral, muted colors with low reflectance which
complement the principal materials. No more than five (5) percent of each building façade can
consist of bright or franchise colors.
j. All self-service storage facility buildings must be located a minimum of 300 feet from a state
highway or county-state aid highway.
Grading Plan
• The developer shall obtain a grading permit from the City Engineering Department prior to any
grading or tree removal on the site. The developer shall address all grading, stormwater and wetland
comments in the July 19, 2021 City Engineering & Public Works Department Memorandum to the
satisfaction of the City Engineer prior to any site work or issuance of a grading permit for the property.
• Proposed pavement within drainage and utility easement on west side of the property will need to be
further evaluated related to parking setback and drainage path.
Tree Preservation / Landscape Plan
➢ A landscaping plan, which conforms to Section 1145.300 (Landscaping and Screening) of Prior Lake
City Code shall be prepared and certified by a registered landscape architect and submitted with the
Final Plat and Final PUD application.
➢ A Tree Preservation and Restoration Plan, which conforms to Section 1145.500 (Tree Preservation
and Restoration) of Prior Lake City Code shall be prepared and submitted with the Final Plat and
Final PUD application.
Building Elevations
➢ Building design and materials will need to conform with Multi-Family, Commercial and
Industrial Standards in Subsection 1144.200 of Prior Lake City Code.