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HomeMy WebLinkAbout02 06 Berens Site PlanAGREEMENT FOR MONITORING AND MAINTENANCE PLAN FOR BERENS BUS COMPANY STORAGE LOT THIS AGREEMENT is made this 5th day of August, 2002 by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation, organized under the laws of the State of Mirmesota ("CITY") and BERENS BUS COMPANY, INC., a Minnesota corporation, organized pursuant to the laws of the State of Minnesota ("DEVELOPER"). RECITALS WHEREAS, the DEVELOPER has proposed constructing a bus storage lot on property within a landlocked watershed basin ("BASIN"); and WHEREAS, in evaluating the construction of a project within a BASIN, the CITY considers the appropriateness of requiring certain storm water management principles; WHEREAS, infiltration/storage system capacity is an important storm water management principle; WHEREAS, the DEVELOPER has submitted a plan for construction of an infiltration/storage system. NOW THEREFORE, based on the mutual promises and covenants set forth herein, the sufficiency of which is not disputed, the parties hereto agree as follows: Purpose. The purpose of this AGREEMENT is to set forth the terms and conditions for the construction, monitoring and maintenance of an infiltration of a storm water management infiltration storage system ("SYSTEM"). l:\02fi les\02sit eplan\02-06berens\beren s agreement.doc 1 1998 Franklin Covey Co. Compact 2. Recitals. The recitals set forth above are incorporated as if fully set forth herein. 3. Description of the Project. The DEVELOPER is constructing abus storage lot on land legally described in Exhibit A. Exhibit A is incorporated herein as if fully set forth. In connection with the construction of the bus storage lot, the DEVELOPER is required to construct a storm water management infiltration storage system. 4. Storm water Management Infiltration Storage System. 4. I. The SYSTEM will be constructed in accordance with the plans and Permit, approved and issued by the CITY. Said plans and Permit are attached as Exhibit "B" to this AGP,_EEMENT. Exhibit B is incorporated herein as if fully set forth. 4.2. The design of the SYSTEM will not be Changed without prior written approval of the CITY. 5. Maintenance of SYSTEM. 5.1. The DEVELOPER is solely responsible for the maintenance of the SYSTEM to ensure that the SYSTEM continues to provide adequate infiltration capacity for the future. For the purposes of this AGREEMENT, "adequate infiltration capacity" means storage capacity to accommodate at least all mn-off from a one- year, twenty-four hour rainfall event and the capacity to infiltrate all mn-off from the one-year mn-off event within seventy-two hours. 5.2. Maintenance shall comply with a maintenance plan prepared by a professional engineer, registered in the State of Mirmesota. The plan shall include, but is not limited to, cleaning, repairing and any other work deemed necessary to ensure the proper function of the SYSTEM. A copy of the maintenance plan shall be provided to the CITY. 6. Monitoring. 6.1. The DEVELOPER must implement a monitoring program to demonstrate that the SYSTEM continues to provide adequate storage and infiltration capacity. 6.2. The Developer shall record the water levels in the infiltration basin once daily (Monday through Friday) for the month of June. The Developer shall check the volume of the basins on June 30th of each year. The records shall be submitted to the City no later than November 1 st of each year. 7. Default. A failure to comply with the plans, Permit or any of the terms and conditions of this AGREEMENT shall constitute a default of this AGREEMENT. In the event of a default, the CITY shall provide the DEVELOPER with notice as provided for in Paragraph 8. The notice shall set forth the nature of the default and the time within which the DEVELOPER must cure the default, which shall be not less than 48 hours,except that in the event that the nature of the default is such that, in the sole judgment of the CITY, it may pose an imminent potential risk to the health, safety or welfare to persons or property, the CITY may enter the property legally described in Exhibit A and perform the required work to cure the default. Ali costs incurred by the CITY to cure the default, including administrative costs, shall be the sole responsibility of the DEVELOPER. l:\02files\02sit eplan\02-06berens\berens agreement.doc 2 7.1. The CITY shall invoice the DEVELOPER for the costs incurred to cure the default. 7.2. The DEVELOPER shall pay said invoice within thirty (30) days of receipt thereof. 7.3. The DEVELOPER agrees that if DEVELOPER fails to pay the invoiced amount within the thirty (30) day period, the CITY may assess the invoiced amount against the properly described in Exh/bit A. 8. Notices. Required Notices to the DEVELOPER shall be in writing, and shall be either hand delivered to the DEVELOPER, its employees or agents, or mailed to the DEVELOPER by certified mail at the following address: Berens Bus Company, Inc., 18740 Fairlawn Avenue, Prior Lake, Minnesota, 55372. Notices to the CITY shall be in writing and shall be either hand delivered to the CITY Manager, or mailed to the CITY by certified mail in care of the CITY Manager at the following address: CITY of Prior Lake, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714. 9. License. The DEVELOPER grants the CITY a non-revocable license to enter upon the property legally described in Exhibit A for the sole purpose of curing any default or to prevent against any imminent potential threat to the he~tlth, safety or welfare of persons or property. 10. Indemnification and Hold Harmless. The DEVELOPER shall indemnify, defend and hold the CITY, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the CITY incurs or suffers, which arise out of, result from or relate to approval of the plans, issuance of the Permit or any provision of this AGREEMENT. The responsibility to indemnify and hold the CITY harmless from claims arising out of or resulting from the actions or inactions of the CITY, its Council, agents, employees, and representatives does not extend to any willful or intentional misconduct on the part of any of these individuals. 11. Recording. The DEVELOPER shall cause this AGREEMENT to be recorded against the property legally described in Exhibit A within 10 days of the issuance of the Permit. The DEVELOPER shall provide evidence of recording to the CITY within 10 days thereafter. 12. I-Ieirs~ Successors And Assigns. This AGREEMENT shall mn with the land legally described in Exhibit A and shall be binding against all heirs, successors and assignees of the DEVELOPER. 12.1. Assignment. The DEVELOPER may not assign this AGREEMENT without the prior written approval of the CITY Council 13. Miscellaneous. 13. I. Severability. In the event any provisions of this Contract shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. l:\02files\02siteplan\02-06berens\berens agreement.doc 3 13.2. 13.3. 13.4. Waiver. Failure of either party at any time to require performance of any provision of this Contract shall not affect its right to require full performance thereof at any time thereafter and the waiver by either party of a breach of any such provision shall not be taken or held to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of such provision Enforcement of the Agreement. Any fees incurred by the CITY associated with enforcing any of the terms and conditions set forth in this AGREEMENT, including but not limited to CITY staff, engineering and attorney's fees, shall be the sole responsibility of the DEVELOPER. Governing Law. This AGREEMENT shall be governed by the laws of the State of Mirmesota. Executed by the parties hereto as of the day and date first above written. CITY ~ By: ~ kG. By: Frank ;ity Manager BERENS BUS COMPANY, INC. By: By: STATE OF MINNESOTA ) COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this ~ day of /*~,q , 2002, by Jack G. Haugen, Mayor, and by Frank Boyles, Ci/¢~Manager, of the"'~ ~C~ty of Pr/or Lake, a Minnesota municipal corporation, on behalf of tl~or~oration and pursuant to the . . KELLY M ~,~ UyCorm~issionEx~iresJ~n. 31,20e5 / 1.~/ L__ ! ~. STATE OF MINNESOTA ) COUNT~ OF ) The foregoin~ ipstmment was acknowled~ed before me this t~(*' day of ~ 2002, by _~_~. ~¢~11~14.~ '~.~O.~lv~x~---~u0.~4M_..~. - I ' l:\02files\02siteplan\02-06berens\berens agreement.doc 4 Doc. No. A 561417 OFFICE OF THE COUNTY RECORDER SCO'I-r COUNTY, MINNESOTA Certified Filed and/or Recorded on 08-30-2002 at 11:00 Receipt: 000000 Pat Boeckman, County Recorder o4 Fee: $ 20.00 AGREEMENT FOR MONITORING AND MAINTENANCE PLAN FOR BERENS BUS COMPANY STORAGE LOT THIS AGREEMENT is made this 5th day of August, 2002 by and between th['CITY OF PRIOR LAKE, a Minnesota municipal corporation, organized under the laws of the State of Minnesota ("CITY") and BERENS BUS COMPANY, INC., a Minnesota corporation, organized pursuant to the laws of the State of Minnesota ("DEVELOPER"). RECITALS WHEREAS, the DEVELOPER has proposed constructing a bus storage lot on property within a landlocked watershed basin ("BASIN"); and WHEREAS, in evaluating the construction ora project within a BASIN, the CITY considers the appropriateness of requiring certain storm water management principles; WHEREAS, infiltration/storage system capacity is an important storm water management principle; WHEREAS, the DEVELOPER has submitted a plan for construction of an infiltration/storage system. NOW THEREFORE, based on the mutual promises and covenants set forth herein, the sufficiency of which is not disputed, the parties hereto agree as follows: 1. Purpose. The purpose of this AGREEMENT is to set forth the terms and conditions for the construction, monitoring and ma/ntenance of an infiltration of a storm water management infiltration storage system ("SYSTEM"). l:\02files\02siteplan\02-06berens\beren s agreement.doc 1 2. Recitals. The recitals set forth above are incorporated as if fully set forth herein. 3. Description of the Pro.iect. The DEVELOPER is constructing abus storage lot on land legally described in Exhibit A. Exhibit A is incorporated herein as if fully set forth. In connection with the construction of the bus storage lot, the DEVELOPER is required to construct a storm water management infiltration storage system. 4. Storm water Management Infiltration Storage System. 4.1. The SYSTEM will be constructed in accordance with the plans and Permit, approved and issued by the CITY. Said plans and Permit are attached as Exhibit "B" to this AGREEMENT. Exhibit B is incorporated herein as if fully set forth. 4.2. The design of the SYSTEM will not be changed without prior written approval of the CITY. 5. Maintenance of SYSTEM. 5.1. The DEVELOPER is solely responsible for the maintenance of the SYSTEM to ensure that the SYSTEM continues to provide adequate infiltration capacity for the future. For the purposes of this AGREEMENT, "adequate infiltration capacity" means storage capacity to accommodate at least all run-off from a one- year, twenty-four hour rainfall event and the capacity to infiltrate all nm-off from the one-year run-off event within seventy-two hours. 5.2. Maintenance shall comply with a maintenance plan prepared by a professional engineer, registered in the State of Minnesota. The plan shall include, but is not limited to, cleaning, repairing and any other work deemed necessary'to ensure the proper function of the SYSTEM. A copy of the maintenance plan shall be provided to the CITY. 6. Monitoring. 6.1. The DEVELOPER must implement a monitoring program to demonstrate that the SYSTEM continues to provide adequate storage and infiltration capacity. 6.2. The Developer shall record the water levels in the infiltration basin once daily (Monday through Friday) for the month of June. The Developer shall check the volume of the basins on June 30th of each year. The records shall be submitted to the City no later than November 1~t of each year. 7. Default. A failure to comply with the plans, Permit or any of the terms and conditions of this AGREEMENT shall constitute a default of this AGREEMENT. In the event ora default, the CITY shall provide the DEVELOPER with notice as provided for in Paragraph 8. The notice shall set forth the nature of the default and the time within which the DEVELOPER must cure the default, which shall be not less than 48 hours,except that in the event that the nature of the default is such that, in the sole judgment of the CITY, it may pose an imminent potential risk to the health, safety or welfare to persons or property, the CITY may enter the property legally described in Exhibit A and perform the required work to cure the default. All costs incurred by the CITY to cure the default, including administrative costs, shall be the sole responsibility of the DEVELOPER. l:\02files\02siteplan\02-06berens\berens agreement.doc 2 7.1. The CITY shall invoice the DEVELOPER for the costs incurred to cure the default. 7.2. The DEVELOPER shall pay said invoice within thirty (30) days of receipt thereof. 7.3. The DEVELOPER agrees that if DEVELOPER fails to pay the invoiced amount within the thirty (30) day period, the CITY may assess the invoiced amount against the property described in Exhibit A. 8. Notices. Required Notices to the DEVELOPER shall be in writing, and shall be either hand delivered to the DEVELOPER, its employees or agents, or mailed to the DEVELOPER by certified mail at the following address: Berens Bus Company, Inc., 18740 Fairlawn Avenue, Prior Lake, Minnesota, 55372. Notices to the CITY shall be in writing and shall be either hand delivered to the CITY Manager, or mailed to the CITY by certified mail in care of the CITY Manager at the following address: CITY of Prior Lake, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714. 9. License. The DEVELOPER grants the CITY a non-revocable license to enter upon the property legally described in Exhibit A for the sole purpose of curing any default or to prevent against any imminent potential threat to the health, safety or welfare of. persons or property. 10. Indemnification and Hold Harmless. The DEVELOPER shall indemnify, defend and hold the CITY, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the CITY incurs or suffers, which arise out of, result from or relate to approval of the plans, issuance of the Permit or any provision of this AGREEMENT. The responsibility to indemnify and hold the CITY harmless from claims arising out of or resulting from the actions or inactions of the CITY, its Council, agents, employees, and representatives does not extend to any willful or intentional misconduct on the part of any of these individuals. 11. Recording. The DEVELOPER shall cause this AGREEMENT to be recorded against the property legally described in Exhibit A within 10 days of the issuance of the Permit. The DEVELOPER shall provide evidence of recording to the CITY within 10 days thereafter. 12. Heirs, Successors And Assigns. This AGREEMENT shall mn with the land legally described in Exhibit A and shall be binding against all heirs, successors and assignees of the DEVELOPER. 12.1. Assignment. The DEVELOPER may not assign this AGREEMENT without the prior written approval of the CITY Council 13. Miscellaneous. 13.1. Severabili .ty. In the event any provisions of this Contract shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. l:\02files\02siteplan\02-06berens\berens agreement.doc 3 13.2. 13.3. 13.4. Waiver. Failure of either party at any time to require performance of any provision of this Contract shall not affect its right to require full performance thereof at any time thereafter and the waiver by either party of a breach of any such provision shall not be taken or held to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of such provision Enforcement of the Agreement. Any fees incurred by the CITY associated with enforcing any of the terms and conditions set forth in this AGREEMENT, including but not limited to CITY staff, engineering and attorney's fees, shall be the sole responsibility of the DEVELOPER. Governing Law. This AGREEMENT shall be governed by the laws of the State of Minnesota. Exe~CUted'by the parties hereto as of the day and date first above written. i:pRIOR L.6I~ ~,,,~a}}gen~l~yor ~:.~s, ~ty Manager By: authority granted by its City Co~u~_cil. _ .... -- - - ~ (ig-}-.~..~:) NOTARY PUB UC-MINNE$OTA STATE OF MINNESOTA) ~ )ss. couNTY oF,Ocoma: ti ) STATE OF MINNESOTA ) COUNTY OF SCOTT ) orego n in$ ent was ac owle e before me , 2002, by Jack G. Hauge~ Mayor, ~d by Fr~ Boyles, Ci~ M~ager, of~e Ci~ of Prior L~e, a ~esota mmcipal co~orafion, on behalf of ti ~o~orafion ~d pursuit to the NO~L: The foregoin~ ins. trtm~,ent was ackno .wledged before me thi§ ~ day of ~.~ 2002, by ~,~Ji~q ~_ ~ ~t.4- ? ~~ ~ . ~1 ~~,~om I NOT~Y P~LIC IAO2filcs~O2sitcpl~O2-O6beren s~berens agreement doc 4 Reviewed as to Form and Execution: Suesan Lea Pace, City Attorn'ey DRAFTED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 l:\02files\02siteplan\02-06berens\berens agreement.doc 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That part of the East Three-Fourths of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the southeast comer of said Section 1: thence on an assumed bearing of North 01 degrees 21 minutes 00 seconds West along the east line of said Section 1, a distance of 1251.72 feet; thence South 88 degrees 39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a distance of 84.66 feet to the east line of the west 30.00 feet of said East Three-Fourths of said Southeast Quarter; thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet; thence South a distance of 704.31 feet to the centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds East along said centerline a distance of 73.66 feet; thence North a distance of 412.00 feet; thence East a distance of 944.00 feet to a point hereinafter referred to as point "A"; thence North a distance of 244.00 feet; thence West a distance of 243.86 feet; thence North a distance of 101.00 feet; thence northwesterly along a tangential curve concave to the west, having a radius of 455.74 feet; a central angle of 12 degrees 48 minutes 17 seconds, an arc length of 101.85 feet to the point of beginning of the land to be described; thence continuing northwesterly along said last described curve having a radius of 455.74 feet, a central angle of 2 degrees 11 minutes 43 seconds, an arc length of 17.46 feet; thence along a reverse curve concave to the east, having a radius of 424.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc length I 11.18 feet; thence North tangent to said last described curve a distance of 104.56 feet; thence East a distance of 273.85 feet to the intersection with a line drawn North from the aforementioned point "A"; thence South a distance of 231.43 feet to the intersection with a line drawn East from the point &beginning; thence West a distance of 255.19 feet to the point of beginning. ~5](~ I -~--~ Together with a nonexclusive easement for roadway over and across that part of the East Three-Fourths of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota described as follows: A strip of land 60.00 feet in width the centerline of which is described as follows: Commencing at the southeast comer of said Section I; thence on an assumed bearing of North 01 degrees 21 minutes 00 seconds West along the east line of said section 1, a distance of 1251.72 feet; thence South 88 degrees 39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a distance of 84.66 feet to the east line of the west 30.00 feet of said East Three-Fourths of said Southeast Quarter; thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet; thence South a distance of 704.31 feet to the centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds East along said centerline a distance of 73.66 feet; thence North a distance of 412.00 feet; thence East a distance of 700.15 feet to a point hereinafter referred to as point "A", the point of beginning of the line to be described; thence North a distance of 325.00 feet; thence along a tangential curve I.:\02FILES\02siteplan\02-06BERENS~BERENS EX A.doc concave to the west, having a radius of 455.74 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc length of 119.31 feet; thence along a reverse curve concave to the east having a radius of 424.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc length of 111.13 feet; thence North tangent to said last described curve, a distance of 304.03 feet and there terminating. Together with a strip of land 60.00 feet in width the centerline of which is described as follows: Beginning at the above referenced point "A"; thence southerly along a tangential curve concave to the west, having a radius of 569.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, a chord bearing of South 7 degrees 30 minutes 00 seconds West, an arc length of 149.14 feet; thence along a reverse curve concave to the east, having a radius of 491.09 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc length of 128.57 feet; thence South tangent to said last described curve a distance of 466.51 feet more or less to the centerline of County State Aid Road No. 12, and there terminating. L:\02FILES\02siteplan\02-06BEI~NSXBERENS EX A.doc Reviewed as to Form and Execution: Si~esan Lea Pace, City Attorney DRAFTED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 l:\02files\02siteplan\02-06berens\beren s agreement.doc 5 RESOLUTION 02-127 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE AGREEMENT FOR MONITORING AND MAINTENANCE PLAN FOR THE BERENS BUS COMPANY STORAGE LOT MOTION BY: Gundlach SECOND BY: Petersen WHEREAS: The Developer has proposed constructing a bus storage lot on property within a landlocked watershed basin ("basin"); and WHEREAS: in evaluating the construction of a project within a basin, the City considers the appropriateness of requiring certain storm water management principles; and WHEREAS: Infiltration/storage system capacity is an important storm water management principle; and WHEREAS: The Developer has submitted a plan for construction of an infiltration/storage system; and WHEREAS: The City Council has approved the Agreement for Monitoring and Maintenance Plan for the Berens Bus Company Storage Lot. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The Mayor and City Manager are hereby authorized to execute the Agreement for Monitoring and Maintenance Plan for the Berens Bus Company Storage Lot on behalf of the City. Passed and adopted this 5th day of August, 2002. YES NO Haugen X Haugen Gundlach X Gundlach LeMair X LeMair Petersen X Petersen Zieska Absent Zieska Absent Frank Boyles, Cit~ger r:~resoluti\planres\2002\02-127.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 /~a~x~ (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER elco·d· wee: · d~·tence of 84.66 feet to the east :~ne of the ~eat 30.00 feet of 904,32 feet to the cen:er~£ne of CounLy state Aid Highway ~o. 12; Chance South 6~ 224,00 teat; t~ence ~e·~ · diets·ce of 943.86 Eeetl chance No,th a d£atance a~ dea~r~bed~ the·ge qon~Lnu:n9 no~hvelte~y a/one ~a~d ~e#c deect~bed curve hav~ng beg:nn~ng. A I~gt~ of land ~0.00 ~e~c in ~idth ~he cen~eglLne of whLc~ ~e described a~ 704,3~ ~ee~ to the ~e~te~line ~f C~nty ~tite A~d Hi~hwa~ Mo. 121 thence Sou~h 63 degrees 3~ minutes 56 seco·de %aec along ·aid ~n~e:21ne a distance o% 73,66 ~e~ ~o a ~ln~ he~i~l~ic ~[egce~ to ~. ~inc "A", ~h~ ~Ant of Oeg~nnAng o~ the l/ne to ~ de.c~A~d; t~n~ no, th i d~etan~e of 325.00 ~eec~ thence a~ong a 8ch~lul~ A LL~Ilt Oe~c~i0n Contl~uocl ~egrees O0 ~lnuteS OS seconds · chord bea~ing of ~outh 9 d~grees 30 minutes O0 seconds West an arc lendth of 149.14 feet; thence along s reverse curve concave ~nutes O0 seconds snc~ arc ~ength ef 128,57 ~eo~; thence SQuab tangent to County stats a~d R~d No. la, &nd the~e WELCOME AVE. WELCOME AVE. 943,0 DRIVEWAY--~ x 94z W 94?,6 FENCE X x 946,4 C o ~]~~) January24,2002 Kevin Berens 18740 Fairlawn Avenue Prior Lake, MN 55372 RE: Proposed Bus Storage Yard Dear Mr. Berens: The Prior Lake Development Review Committee (DRC) has reviewed the concept site plan for the proposed bus storage yard on Welcome Avenue. We have the following comments: 1. This property is located within the Markley Lake Shoreland District. The maximum impervious surface on the lot is 75% of the lot area. You must submit a certificate of survey and an impervious surface calculation worksheet to vedfy that the proposal does not exceed this percentage. 2. The property is also subject to the requirements of the Scott County Water Plan. You may contact Lani Leichty, City of Prior Lake Water Resource Coordinator, at 447-9832. He will provide you with a copy of the Scott County rules and other information pertaining to surface runoff. 3. The proposed fencing materials must be solid; chain link is not allowed. 4. THe landscaping shown on the lot is not consistent with the Zoning Ordinance requirements in terms of size or diversity of species. 5. The City has some concerns about landscaping located within the City easement. Your site plan must indicate the location of the easement. In order to use the property as a bus storage facility, you must receive site plan approval. Attached is a Site Plan application. In addition to the application form, this packet includes an explanation of the approval process and a checklist including all of the items to be submitted. The application and all of the necessary attachments must be submitted to me. Once we receive a complete application, we will process your request. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) ~47-4245 I hope this information is helpful. directly at 952-447-4230. Sincerely, AICP Planning Coordinator If you have questions, please contact me Enclosure Cc: Steve Horsman DRC Members -- -200.00--. qe of I ST 9" W 228.71 2 [-----204.27------ 6 PRIORDALE 218.00 292.00 ---682.00 --- South 200.00 --- 504.56---. o SOUTH ~ co SOUTH --- 390.13--- 172,13 L__ _ 200.00 INDL North ---1241.70--;'~L .... 2o2.o0 ------i [ R=485.,74 ,, iOI .00 A --200.00 .... ' South / 2C 325: SOU- LCOt ""'"\'" 36.15/''' East 325.C South From Connie Carlson, Planning Department Secretary August 26, 2002 TO: Sue McDermott SUBJECT: Berens Bus Company Attached is a copy of the Agreement for Monitoring and Maintenance Plan for Berens Bus Company Storage Lot and a copy of the approved Exhibit B site plan. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER August 26, 2002 Scott County Recorder Scott County Government Center 200 Fourth Avenue West Shakopee, MN 55379 Dear Sir or Madam: Enclosed for recording is for Berens Bus Company Storage Lot and the City See Exhibit A in the Development Agreement for legal description of property. Please send the documentation and your statement to my attention at the address below. If you have any questions, let me know. Thank you. Connie Carlson Planning Dept. Secreta~ eric. RECLTR t 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FILE C6?Y August 20, 2002 Geri Berens 18740 Fairlawn Avenue Prior Lake, MN 55372 RE: Berens Bus Company Storage Lot Dear Ms. Berens The City of Prior Lake has completed its review of the site plan application for the Berens Bus Company Storage Lot on Welcome Avenue. This letter serves as the official notice of approval of the site plan for this use. Attached is an approved set of plans for your files. Approval of this site plan is subject to the following conditions: 1. The parking area, landscaping and fence must be constructed as shown on the approved p/ans. 2. A 2-year letter of credit (LOC) guaranteeing the landscaping must be submitted. The LOC must be an amount equal to 125% of the cost of the landscaping, including installation. This cost may be determined by a bid or estimate from a landscape company. 3. A Fire Department lock box must be installed at the gate to the site. 4. A grading permit or any other necessary permits must be obtained prior to any construction on the site, I am also enclosing an executed copy of the monitoring and maintenance agreement for your files. If you have any questions, please contact me at the Planning Department at 952-447- 9810. Sincerely, sier, AICP Planning Coordinator Enclosures: Approved Plans c: DRC Members 16200 Ea~le C~:e.e~k.Av.e S E Prior, Lake M, innesota 55372-1714 / Ph. (952) 447-4230 / Fax (9~a~,~7-4245 [:~02files\uzslleplar~\J~2-~iSberens~appro~)al.aoc AN EQUAL OPPORTUNITY EMPLOYER August 2, 2002 Geri Berens 18740 Fairlawn Avenue Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for theAugust 5, 2002, City Council meeting. The meeting will begin at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting or have any questions, please contact me at 447-9810. Sincerely, Jane A. Kansier Jane Kansier, AICP Planning Coordinator Enclosure I:\deptwork~lankfrm\meetlrcc. doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447 4245 AN EQUAL OPPORTUNITY EMPLOYER DATE: July 25, 2002 TO: Jane Kansier, Planning Coordinator FROM: Larry Poppler, Assistant City Engineer RE: Beren's Bus Company The Engineering Department has reviewed the subject preliminary plans and has the following comments: 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Show adjacent plats, property lines, section lines, streets, existing storm drains, and appurtenances. Show contours further into adjacent property to accurately depict the existing drainage patterns to the south. The 940 contour appears to be missing. Provide benchmark information on all sheets. The NWL, HWL, and OHWL need to be shown for the ponds. Need elevation information for overflow. Show all existing and proposed easement discriptions on the plan. Show property comers and property information. Show City of Prior Lake's project number on the plan. Trees need to be shown on site. Show 2-yr, 10-yr, and 100-yr design drainage boundaries. Provide existing and proposed hydrologic/hydraulic calculations. Show note stating that all silt fence to be installed by the contractor and inspected by the City prior to any site work. Provide grade information for swales. The top of berm in the pond area should be a minimum of one foot higher than the HWL of the pond. The design typical section for pavement is not shown. Follow the provisions of the Public Works Design Manual for the format and standards of the design drawings. The project location map should be included. Show all existing utilities including gas, electric, cable, telephone lines, pipelines, etc. It appears that work is shown outside the property lines. The line type for storm and silt fence appear to be the same. Use standard engineering symbols. Use drainage arrows for offsite drainage. Provide detail for rip rap. Show soil boring locations. Provide better information for the pavement edge of Welcome Avenue. Does Welcome Avenue end at the north property edge? C:\WlNDOWS\Temporary Intemet Files\OLK61Fl\072502 Berens REVIEW1.DOC rJLE COPY July 15, 2002 Ged Berens 18740 Faidawn Avenue Prior Lake, MN 55372 RE: Agreement for Monitoring and Maintenance Plan for Berens Bus Storage Lot Dear Ms. Berens: Enclosed are two original copies of the above agreement. Please sign the copies and return them to me by July 25, 2002. We will schedule this agreement for City Council approval on their next meeting (August 5, 2002). I am also attaching a grading permit application for your use. If you have any questions about this application, please contact Larry Poppler, Assistant City Engineer at 952-447-9830. If you have questions relative to the review process or related issues, please contact me directly at 952-447-9810. Sincerely, (O~/ne Kansier, AICP -Planning Coordinator Enclosure CC: Larry Poppler, Assistant City Engineer DRC Members 1:\02flles\02siteplant02-06beren$\agree letter.doc Page 1 1.6200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1`71.4 / Ph. (952) 447-4230 / Fax (952) 4~,7-4245 At~ EQUAL OPPORTUHITY EMPLOYER & ~oc~le& Inc. Date: Re: Sue McDermott, P.E., Cio City of Prior Lake John Mackiewicz, Water Resource Specialist WSB & Associates, Inc. Jane 24, 2002 Review of Berens Bus Company Storage Lot Plans WSB Project No. 1430-08 As requested, we have completed our water resource review of the Berens Bus Company Storage Lot plans dated June 17, 2002. Based on our review, we offer the following comments: Stormwater Management Comments 1. Change the note on the plan to: "Field locate and protect existing sanitary sewer line in easement." A maintenance / monitoring agreement with the city should be provided to ensure the system will continue to function in perpetuity. This agreement should be prepared by the City Attorney and shall indicate: The developer must implement a monitoring program to demonstrate that the infiltration basin continues to provide adequate infiltration capacity in the future. A minimum of two months of continuous water level records for each infiltration basin shall be submitted each water year no later than November 1 The developer shall provide a maintenance agreement with the city that is recorded with the parcel that outlines the monitoring and maintenance responsibilities that will be tied to the operation of the storm water management system. Sue McDermott, P.E. June 24, 2002 This concludes our review of the Berens Bus Company Storage Lot project. If you have any questions or need additional information, please feel free to call me at (763) 287- 7194. Dave Hutton, P.E., WSB Pete Willenbring, P.E. WSB CAWINDOWSITemporary lnternet FileslOLK3941062402berenssm.doc TO: FROM: DATE: RE: Sue McDermott, City Engineer Jane Kansier, Planning Coordinator~ June 17, 2002 Berens Bus Storage Site Plan Attached are revised plans for the Berens bus storage lot on Welcome Avenue. Please review these plans and let me know your comments. Thanks for your help. Attachment l:\02files\02siteplan\02-06berensh'ev plans.doc FILE COPY June 12,2002 GeriBerens 18740 Fairlawn Avenue PriorLake, MN 55372 RE: City of Prior Lake Review of Site Plan Application for Berens Bus Company Dear Ged: Attached are the most recent comments pertaining to the proposed bus storage lot. We have forwarded these comments to Greg Hailing via e-mail. Please submit all revised plans to me for review. I will then refer these revisions to the appropriate departments. Thank you for your attention to this matter. If you have questions relative to the review process or related issues, please contact me directly at 952-447-9810. Sincerely, Planning Coordinator Enclosure cc: DRC Members ]:\02files\O2sitepian\O2-O6berens\req revisions2.doc Page 1 16200 Eagle Creek Ave. s.g., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER To: Sue McDermo City of Prior From: John Mackie~ WSB & Assoc~ Date: Re: June 10, 2002 Review of Berens Bus Company Storage Lot Plans WSB Project No. 1430-08 As requested, we have completed our water resource review of the Berens Bus Company Storage Lot plans dated June 3, 2002. Based on our review, we offer the following comments: Stormwater Management Comments 1. A landscaping plan should be provided for the pond and infiltration area. The landscaping plan should incorporate plant species that can withstand the anticipated hydrologic regimes of the pond and infiltration area. 2. The construction sequence should be indicated on the plan. 3. The plan shows an existing sanitary sewer easement. The existing sanitary sewer line should not be disturbed by the installation of infiltration area two. 4. A maintenance / monitoring agreement with the city should be provided to ensure the system will continue to function in perpetuity. This agreement shall indicate: o The developer must implement a monitoring program to demonstrate that the infiltration basin continues to provide adequate infiltration capacity in the future. o The results of the monitoring program shall be submitted to the city on an annual basis. o The developer shall provide a maintenance agreement with the city that is recorded with the parcel that outlines the monitoring and maintenance Sue McDermott, P.E. June 10, 2002 responsibilities that will be tied to the operation of the storm water management system. This concludes our review of the Berens Bus Company Storage Lot project. If you have any questions or need additional information, please feel free to call me at (763) 287- 7194. Dave Hutton, P.E., WSB Pete Willenbring, P.E. WSB C.'I ~INDOI~SITemporary lnternet FileslO£K3941061002berenssm. doc & A~oeiate~, Inc. From: Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake Pete Willenbring, P.E., Vice President John Mackiewicz, Water Resource Specialist WSB & Associates, Inc. June 6, 2002 Stormwater Management Policy for Landlocked Watersheds Assembled below is a recommended list of stormwater management policies that should be required when development takes place in landlocked basins within the City of Prior Lake: Develop an infiltration / storage system that has the storage capacity to accommodate at least all runoff from 1 year 24 hour rainfall event. This system should also have the capacity to infiltrate all runoff from the 1 year runoff event within 72 hours. 2. Provide computations that the improvements shall allow no increase in runoff volume from the site for the 100 year event. 3. Provide a plan demonstrating all runoff is treated prior to discharge into infiltration area. Utilize conservative infiltration rates in the design computations that will reflect reductions in infiltration rates that will occur over the lifetime of the infiltration basin. 5. Provide a maintenance / monitoring agreement with the city to ensure the system will continue to function in perpetuity. This agreement shall indicate: The developer must implement a monitoring program to demonstrate that the infiltration basin continues to provide adequate infiltration capacity in the future. Sue McDermott, P.E. June 6~ 2002 b. The results of the monitoring program shall be submitted to the city on an annual basis. c. The developer shall provide a maintenance agreement with the city that is recorded with the parcel that outlines the monitoring and maintenance responsibilities that will be tied to the operation of the storm water management system. 01WINDOWSI Temporary Internet FileslOLK3941060602rnarkley. doc Jane Kansier From: Sent: To: Subject: Sue McDermott Friday, May 31,2002 2:14 PM Jane Kansier RE: Beren's Site Plan It's back in the Berens' engineers office. We have not received revised plans. WSB did not say everything is OK. They do not have the authority! ..... Odginal IVlessage ..... From: .lane Kansier E, ent: Fdday, May 31, 2002 12:35 PM To: Sue McDermott Subject: Beren's Site Plan Have you heard anything from WSB on the information provided for the Berens site plan? According to Gerri Berens, WSB says everything is ok. Please let me knew. I told her I would try to call her back today. Thanks, Jane May 21, 2002 City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN. 55372 ,i I, tAY 22 20O2 RE: Site Plan Application for Berens Bus Comlmny I agree to maintain the infiltration ponds on site plan located on Welcome Avenue, to keep them working properly. These checks will be done semiannually. Sincerely, Kevin Berens I:[LE TO: FROM: DATE: RE: Sue McDermott, City Engineer Jane Kansier, Planning Coordinato~ May 21, 2002 Berens Bus Storage Site Plan Attached are revised storm water and drainage calculation for the Berens bus storage lot on Welcome Avenue. Please review these plans and let me know your comments. Thanks for your help. Attachment l:\02files\02siteplan\02-06berensh'ev calcs.doc May 20, 2002 City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN. 55372 RE: Site Plan Application for Berens Bus Company Item #4 No Change Item # 5 A 2-year letter of credit guaranteeing the landscaping will be submitted when plan is under way. Item # 6 A fire department lock box will be installed at gate enhance. We have been in contact with Fire Chief Brace Sames. 3727 255th Street E. · Webster MN 55088 · Phone (952) 461-3320 · Fax (952) 461-3310 of i J I- '1i- [ ; ~lz/255th Street E. · Webster MN 55088 · Phone (952) 461-3320 · Fax (952) 461-3310 V'bY gate, ~.,~[ ~-~ ~ft,,~ ~[e~wq Job no '' SOIL SURVEY SERIES 1955, NO. 4 TABLF~ 10.--Description of soil and estimated physical l~ropert, ~ Typical I Classification Symbol I depth of on Soil name Brief soil and site description major hori- map zoee from surface Unified A.A.S.H.O. ~ L~keville loam, 0 to 2 percent slopes. ] 16 inches of loam, then 9 inches 0-16 SC ............ A-2 ......... JaB Lakeville loam 2~to 6 percent siop~. ~ of evavell¥ Ioam~ and final]¥~ 16-25 I G~.. ......... moderately eroded, wed-drained soils of the up- LaC Lakevllle loam, $ to 12 percent slopes, lands on gravelly drift; water LaC2 Lakeville loam, 6 to 12 percent slopes, table at depths of more than , moderately eroded. 10 feet; n few boulders on the LaD Lakev~lle loam, 12 to 18 percent slopes, surface and in the profile. I LaD2 Lakeville loam, 12 to 18 percent slopes, moderately eroded. LbB Lakeville-Burusville gravelly sandy 5 to 10 inches sandy loam, then 0-5 SM ............ A-2 .......... loams, 0 to $ percent slopes. 8 to 10 inches of loam or 5-21 SM ............ A-1 .......... LbB2 Lakeville-Burusvffie gravelly sandy sandy loam, and finally, cai- 21 + GW ........... A-I or A-3._ loams, 0 to 6 percent slopes, moder- cereous sand and gravel; these ately e~mied, are wed-drained soils of the I LbC Lakevi]le.Burnm~e gravelly sandy uplands on gravelly drift; loams, dS to 12 .~pe. reent slopes, water table at depths of moro LbC2 Lak~ville~Burusville gravelly sandy tha~ 10 feet; boulders and ' loams, 6 to 12 percent slopee, moder- stones on the surface and , ately eroded, throughout the profile. LbD LakeviHe.~urnsville gravelly sandy loama, 12 to 50 percent slopsa. I Le~ Lestorsiltlo~n, 2 to$ pe~'centslopez. About IX feet silt loam, then 0-14 ML ............ A-7~6 Le~2 Lestor silt loam, 2to6percentslopee, l~ to 2 feet of slay loam, and 14-36 ! GL ............ A-6 .......... mod~ra~ly eroded, finally, calcareous clay loam $6+ CL ............ A-6 .......... LeG Lsaterslltloam, 6 to l2 percent slopes, till; these are uplaud soils; LeG2 Lsater silt loam, 6 to 12 percent slopes, well drained; boulders up to 2 moderately eroded, feet in diameter on surface LeD Lsaterailtloam, 12 to l8 percent slopes, and in profile; soils in this LeD2 L~torslltloam, 12 to l8 percent slopsa, group are saso~ated with tho~ in the group immedi- moderately eroded. LeE2 Leeter tilt loam, 18 to 25 percent slopes, atsly following. slightly ~d moderate~ eroded. LcF2 Lector silt loam, 25 to 3gl~rsant slopes, slightly ~md moderately eroded. LdC3 Leetor soils, 6 to 12 percent slopes, se- verely eroded. LdD8 Lestor soils, 12 to 18 pereentdiopes, se- verely eroded. LdE3 Leeter soils, 18 to 25 percent slopsa, se- veroly eroded. - LdF3 Lester soils, 25 to 35 percent slopes, s~ verely eroded. Le LeSueur sll~: loam. About 1 to 1 ~ feet silt loam to 0-13 i MH ........... A-7-5 Lf L~Sueur-Lester silt loams, silty clay loam, then 2 feet ol 13-36 CL ............ A-6 .......... clay loam or silty clay loam, 36+ CL ............ A-6 .......... and finally, cairaroous clay loam ~ll; these are moderately well drained soils of the up- lands; in places water table is 5 to I0 feat from surface in spring; soils of this g~'oup are closely associated w]th those in the preceding group. Ma Marsh. Peaty material to depths of 30 No classification possible cattails and other marsh vege- ration. SCOTT COUNTY, MINNESOTA ~ynificant lo eng~neer~nfl, Scott County, M~n~.---Contmued Grain sizes Maxi_ Opti- " _ Infiltra- mum dryI mum : /ion and Structure: Available React on , Remarks ['~Lssing Passing density moisture permea- water (pH value)! \'o. 200 No. 4 bility~ sieve sieve 35 85 116 12 : 0.45 .... 6.1-6.5 Moderately eroded soils'have 8-to ~[0-20 ~-70 120 10 i 5-10 /Blocky ....... , ', { pass a 3-inch screen. ,!i Granular ........... 115 12 I 0.6 .13 6.1-6.5 I Moderately eroded soils have 2 to 2O 60-75 .13 6.1-6.5 I inches of surface soil; 10 to 15 35 50-75 115 12 0.8-2.5 Blocky ............. 3 10 50 125 8 ~ 10 + Single grain .......... 01~ 7.5 ~ percent of gravel in soils, will not i ps.ss a 3-inch screen. 70-80 100 98 ~$ 0.45 Granular ........... [ .20 6.0 Moderately eroded soils have 8 to 65-86 100 103 18 0.8-2.5 Blocky ............. [ .18 6.0 10 inches of surface soil; so- 60-70 95 106 17 0.8-2.5 Massive ............. 17 8.0 verely eroded soils have 2 to 5 i inches of surly, ace soil. 75-86 100 86 30 0.45 Granular ........... [ .20 6.0 70-80 100 103 18 0.8-2.5 BMI~Yv[ ' .18 5.5 70-80 99 110 17 0.8-2.5 e .17 8.0 , PERCOI,ATTON TEST DATA / taches. ~oil texture ~crhod of Scratching sidewall. ~" . Oepch of pea-sized gravel In bottom of ho/c, ~ inches. DaCe and hour of initial ~acer filling. Depth of initial wa~er filling, Z~" inches above hole boccom. a¢chod u~d Co maintain ar lease 12 inches of water depth ia hole for aC lease .IT:I~: · Percolation ~ime T~Cerval, .l{easut'emauC, Drop ~ water race, . ~C~ ~' level, tu~h~ ~utes per z zo I i'crcolacion racc -., ~"7 minuCc~ pcC ?ERCOL_AT]'ON TE:;T DATA SIIEET , Dcpt{, of hole bottom, Soil texture / I;- J> Method of scratch/hR sidewall, Depth of pea-&ized gravel ia bottom of hole, inchee. Date and hour of initial water filling _ Depth of ~ictal water ~illiag, ~ '~ inches above hole bottom. Mcch~ ~ ~o ~incaln aC 1~c 12 ~chca o~ rater depth tn hole ~Or aC lease 4 ho~s P. ax:l.mm water depth above hole boLcom T/me · Percolation UC~me T~l~etval, .Hea.~uremmat, DrOp ~ water rate, ~r~ . N~t~ ~' level, /nch~ ~utes per ":' inch 2:IZ f~ , -' {a -., Z:~ zo ~r , ~ ~,7 l'crcoli, tion ratc- ~'3 -- ,uiuutco I, cc i,ch. O. flq PI~RCOI,AT~rON TENT DA'r^ Dia~cccr o~ holc~ ~ :Lnch¢~. :~o:1.1 dac-', ~rom ~'c:~C holc: Dcpch, £~*schcs ,. O-IZ , DcpCh o~ ho~c bottom, ~/'/'t £nches, Soil tcx~'ure Mcthod of scratching sidewall L~ Dcpth og pea-sized gravel in bottom of bole, ~ . inches. OaCc and hour of £nittal ~ater filling, Depth o~ initial water filling, ~" inches above hole bottom. ~[cchod used co ~tncatu ac least 12 inchcs of water depth tn hole f~r aC least hours / ~ n, ,,. ,f/tT/~ . sr.a. rl:~r~ at ZJ/ ~c:[mm' val:er depth above hole boLl:om "'"' . Ti.me . Percolation ~uC~ ~' level, tu~ ~uCes per t'crcolation racc' .~ ,,,inoccu l, cc ir, ch. ])EI(COLAI'TON I'E,I;T DATA data from , Ocpth o[ hole boLrom, inchcs. Soil texture Depth o~ pea-sized gravel i~ bo~om of hole, ~ ' inches. Oacc and hour o~ ~n~c~a~ ~aC~ E~n~ . Depth of initial water filling, ~" inches abova hola bottom. '(~e) ' ~.m. ~ ter de.th a~ e hol~ bottom · 1'~ .- Percolation Ti~' ~a~al, lSeisu~'e~..nC, DrOp ~ water race, ~ ~ut~ ~' level, inch~ ~utes per 13,~ ,.inuUc~ l, er i,,ch. IlL[ May 7, 2002 Marty Schmitz Scott County Planning Department 200 4th Avenue West Shakopee, MN 55379 RE: Berens Site Plan Dear Marry: Attached is a copy of the proposed site plan for the Berens bus storage lot in Welcome Avenue in Prior Lake. There are still some issues to be resolved, including storm water runoff and some minor plan changes. However, once these have been addressed, the plan will probably be approved. If you have questions, please contact me directly at 447-9812. Sincerely~. ~ ~~n~ Kansier, AICP Planning Coordinator Enclosure 1:\02files\02siteplan\02-06berens\scott county.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER F LE April 30, 2002 Kevin Berens 18740 Fairlawn Avenue Prior Lake, MN 55372 RE: City of Prior Lake Review of Site Plan Application for Berens Bus Company Dear Mr. Berens: The City of Prior Lake has completed review of the site plan application submitted for the bus storage lot on the property located along Welcome Avenue. The following changes are required before this plan can be approved: 1. The storage yard is not permitted within any required yard. The side yard setback in the I-1 district is 20 feet; your plan identifies a 15' setback. This setback must be increased to 20 feet. 2. The maximum driveway width at the property line is 36 feet. The site plan shows a 50' wide driveway. This width must be reduced to no more than 36 feet. 3. The landscaping plan identifies the proper number of trees; however, the ordinance requires that at least 10% of the deciduous trees and 10% of the evergreen trees be oversized. This requires that at least 2 of the deciduous trees be 3 ¼ caliper inches in size and 2 of the evergreens must be at least 8' tall. The plan must be revised to indicate this change. 4. The 6' tall wood fence proposed is acceptable. The staff recommends that the fencing be installed along the perimeter of the storage area rather than the perimeter of the lot, and the landscaping be placed outside of the fence. This will eliminate the length of fencing required, and the combination of fence and landscaping will provide an effective screen. If you choose to make this change, the plan must be revised accordingly. 1:\02files\02siteplan\02-06berens\req revisions.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNFFY EMPLOYER 5. Since there is no public water system in this area, we presume you will not be installing an irrigation system. If there is no irrigation system, a 2- year letter of credit guaranteeing the landscaping will be required. 6. Install a fire department lock box at the gate to this site. 7. The comments included in the memorandum from WSB, dated April 11, 2002, must be addressed. Please submit all revised plans to me for review. I will then refer these revisions to the appropriate departments. Thank you for your attention to this matter. If you have questions relative to the review process or related issues, please contact me directly at 952-447-9810. Sincerely, Planning Coordinator cc: DRC Members 1:\02files\O2siteplan\O2-O6berens\req revisions.doc Page 2 & ,4~ociates, Inc. Memorandum From: Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake John Mackiewicz, Water Resource Specialist WSB & Associates, Inc. April 11, 2002 Review of Berens Bus Company Storage Lot Plans WSB Project No. 1430-08 As requested, we have completed our water resource review of the Berens Bus Company Storage Lot plans dated March 19, 2002. Based on our review, we offer the following comments: General Comments I. This site is located within the Markley Lake watershed. Because of past litigation involving Markley Lake, the design criteria for this plan should include no net increase in runoffvolume to the lake in addition to not allowing any increase in discharge rates, 2. If an outlet to Markley Lake is provided in the future, design criteria may change. The storm water plan should incorporate infiltration into the design to accommodate all runoff generated from the improvement area for the critical design event. The critical design event currently is the 10 day rainfall or snowmelt event. Stormwater Management Comments 1. Easements should be shown for the infiltration areas. 2. Details of the outlet and overflow structures for the infiltration basins must be included on the plan. 3. Storm water runoffmust be ~eated to NURP standards prior to entering the infiltration areas. Sue McDermott, P.E. April 11, 2OO2 4. Watershed boundaries for the infiltration basins must be included on the plan. 5. A landscaping plan should be provided for the pond and infiltration area. The landscaping plan should incorporate plant species that can withstand the anticipated hydrologic regimes of the pond and infiltration area. 6. A design detail must be shown for the structures that will be in place where overland flow enters the infiltration areas. 7. Runoff volumes and infiltration rates must be calculated using hydrologic soils group B. 8. Two foot contours must be shown a minimum of 200 feet beyond the property boundary or more as needed to delineate drainage boundaries in accordance with the city's 2002 Public Works Design Manual. 9. The plan must indicate the limits of grading and cleating. 10. The plan must show drainage arrows. 11. An existing sanitary sewer profile must be shown on the plans. 12. There is a small area of the parking lot that will drain directly on to Welcome Ave. There is no treatment or rate control provided for this area. Treatment and rate control need to be provided. This concludes our review of the Berens Bus Company Storage Lot project. If you have any questions or need additional information, please feel free to call me at (763) 28% 7194. c. Dave Hutton, P.E., WSB CAWINDOWSITemporary Internet FileslOLK3941040902sm.doc FILE COPY April 15, 2002 Kevin Berens 18740 Fairlawn Avenue Prior Lake, MN 55372 RE: City of Prior Lake Review for Application Completeness for Site Plan Application for Berens Bus Company Dear Mr. Berens: On April 15, 2002, the City of Prior Lake determined all of the necessary submittals for the above application have been received. This letter serves as your official notification that the application is now complete. The DRC will now begin formal review of this request. We will notify you of any additional information or any changes to the plans that may be required. necessary, we will schedule a DRC meeting with you to review this application. In accordance with Section 1108.900 of the City Zoning Ordinance, the Planning staff will notify you within 60 days, or by June 15, 2002, abut the action on this application. If you have questions relative to the review process or related issues, please contact me directly at 952-447-9810. Sincerely, sier, AICP Coordinator cc: DRC Members 1:\02flles\O2siteplan\O2-O6berens\cornplete.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / PH. (952) 447-4230 / Fax (952) 447~4245 AN EQUAL OPPORTUNITY EMPLOYER April 12, 2002 City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN. 55372 RE: Site Plan Application for Berens Bus Company Item 1-a. Trash enclosures: Maintenance site is not on this site. We do not intend to have any trash enclosures at storage yard. Item 1-b. Lighting plan is enclosed. FfLE April10,2002 Kevin Berens 18740 Fairlawn Avenue Prior Lake, MN 55372 RE: City of Prior Lake Review for Application Completeness for Site Plan Application for Berens Bus Company Dear Mr. Berens: On April 5, 2002, the City of Prior Lake Development Review Committee (DRC) received additional information for a site plan application for Berens Bus Company on the property located on Welcome Avenue. We have determined the following information must be submitted before we will consider this application complete: 1. The following information must be included on the site plan: a) Trash enclosures: You indicate you will have trash enclosures on the maintenance site. Is this on the same site? Do you intend to have any trash containers at the storage yard? b) A lighting plan indicating the light standards and the footcandles at the property lines. The above items must be submitted before we will consider this a complete application. Once we have determined you have submitted a complete application, the DRC will begin formal review of the site plan application. Once we have completed our review, we will notify you of any required changes to the plans. If necessary, we will schedule a DRC meeting to review this plat. In the meantime, we will begin a preliminary review of the information we have received. Thank you for your attention to this matter. If you have questions relative to the preliminary plat review process, or related issues, please contact me directly at 952-447-9810. Sincerely, , · ( ,/ Jane Kansier, AICP "-" Planning Coordinator cc: DRC Members 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER I-1 (General Business) (4) Outdoor Storage. Conditions: Storage shall be enclosed by a solid wall or fence not less than 6 feet high. This wall or fence shall be screened from all abutting public right-of-ways and from any property in an "R" Use District with a bufferyard, as determined by subsection 1107.2003. ~ ~ ~ Storage shall not be permitted within any__ q~ure ui~dO~y~r Storage areas shall be separated from the vehicular parking and circulation areas. This separation shall be clearly delineated by a physical separation such as a greenway, curb, fence or line of planters. ~ Stored materials shall not interfere with either on-site or off-site traffic visibility. ~ Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored on land on which storage is permitted with conditions under this Section. t have reviewed the attached proposed request (Berens Bus Company Site Plan) for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy / Septic System Gas v" Building Code Erosion Control Other ~ f:/.~-E c~,¢.- Recommendation: __ Approval __ Denial Conditional Approval Comments: £ o<:./; rSq~ Signed: ~~~~ Date: Please return any comments by lhursda¥, April 11, 2002, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 1:\02files\02siteplan\02-06berens\referral.doc Page 2 & Argoci~tes, lng. Memorandum From: Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake John Mackiewicz, Water Resource Specialist WSB & Associates, Inc. April 11, 2002 Review of Berens Bus Company Storage Lot Plans WSB Project No. 1430-08 As requested, we have completed our water resource review of the Berens Bus Company Storage Lot plans dated March 19, 2002. Based on our review, we offer the following comments: General Comments 1. This site is located within the Markley Lake watershed. Because of past litigation involving Marklcy Lake, the design criteria for this plan should include no net increase in runoff volume to the lake in addition to not allowing any increase in discharge rates. 2. If an outlet to Markley Lake is provided in the future, design criteria may change. The storm water plan should incorporate infiltration into the design to accommodate all runoff generated from the improvement area for the critical design event. The critical design event currently is the 10 day rainfall or snowmelt event. Stormwater Management Comments 1. Easements should be shown for the infiltration areas. 2. Details of the outlet and overflow structures for the infiltration basins must be included on the plan. 3. Storm water runoff must be treated to NURP standards prior to entering the infiltration areas. Sue ~¢Dern~o~ P.~. 4. Watershed boundaries for the infiltration basins must be included on the plan. 5. A landscaping plan should be provided for the pond and infiltration area. The landscaping plan should incorporate plant species that can withstand the anticipated hydrologic regimes of the pond and infiltration area. 6. A design detail must be shown for the structures that will be in place where overland flow enters the infiltration areas. 7. Runoff volumes and infiltration rates must be calculated using hydrologic soils group B. 8. Two foot contours must be shown a minimum of 200 feet beyond the property boundary or more as needed to delineate drainage boundaries in accordance with the city's 2002 Public Works Design Manual. 9. The plan must indicate the limits of grading and cleating. 10. The plan must show drainage arrows. 11. An existing sanitary sewer profile must be shown on the plans. 12. There is a small area of the parking lot that will drain directly on to Welcome Ave. There is no treatment or rate control provided for this area. Treatment and rate control need to be provided. This concludes our review of the Berens Bus Company Storage Lot project. If you have any questions or need additional information, please feel free to call me at (763) 287- 7194. c. Dave Hutton, P.E., WSB CAW1NDOWSITemporary lnternet FileslOLK3941040902sm.doc City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN. 55372 RE: Site Plan Application for Berens Bus Company Item 2-c. We will not need trash enclosures on site as we have them on grounds where the maintenance work is performed. Item 2-d. We do not plan to have any signs on site. Item 4. There is no need for any utility plans as there will not be a building on site. APR - 5 2002 March 26, 2002 Kevin Berens 18740 Fairlawn Avenue Prior Lake, MN 55372 RE: City of Prior Lake Review for Application Completeness for Site Plan Application for Berens Bus Company 16200 Dear Mr. Berens: On March 19, 2002, the City of Prior Lake Development Review Committee (DRC) received an application for a site plan for Berens Bus Company on the property located on Welcome Avenue. We have determined the following information must be submitted before we will consider this application complete: 1. The property owner must sign the application. 2. The following information must be included on the site plan: a) Lot dimensions, setbacks, and other dimensions. b) The existing development on the properties immediately adjacent to the site. c) Trash enclosures d) The proposed location and elevations of any signs. e) A lighting plan indicating the light standards and the footcandles at the property lines. 3. A tree inventory identifying the significant trees on the site and any trees to be removed. 4. Utility plans. 5. An impervious surface calculation worksheet. The above items must be submitted before we will consider this a complete application. Once we have determined you have submitted a complete application, the DRC will b, egin formal review of the site plan application. Once we have completed our review, we will notify you of any required changes to the Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 plans. If necessary, we will schedule a DRC meeting to review this plat. In the meantime, we will begin a preliminary review of the information we have received. Thank you for your attention to this matter. If you have questions relative to the preliminary plat review process, or related issues, please contact me directly at 952-447-9810. Sincerely, (,.~/J..,ane .Kansier, AICP Planning Coordinator cc: DRC Members CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: AUGUST 5, 2002 9C JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF A RESOLUTION APPROVING THE AGREEMENT FOR MONITORING AND MAINTENANCE PLAN FOR BERENS BUS COMPANY STORAGE LOT Histo~.: The purpose of this agenda item is to consider approval of an agreement for the construction, monitoring and maintenance of a storm water management infiltration storage system on the Berens Bus Company Storage Lot. In March, 2002, Kevin and Ged Berens filed an application for approval of a site plan to allow outdoor storage on the vacant property located on the east side of Welcome Avenue, north of CSAH 21. The property is zoned I (Industrial); storage lots are a permitted use in the district. There is no platting involved in this request. Current Circumstances: The staffreviewed the proposed site plan and determined the site is located within the Markley Lake watershed. In order to ensure there is no additional nmoff into Markley Lake, the developer will be required to construct a storm water management system, including an infiltration and storage pond. An agreement for monitoring and maintaining the infiltration and storage pond is an integral part of the storm water management system. The Issues: The attached Agreement for Monitoring and Maintenance Plan outlines the maintenance and monitoring program for the storm water management system. The agreement also spells out the responsibilities of the developer in this system. Conclusion: The developer has reviewed and signed this agreement. The City Attorney has also reviewed and approved this agreement. Staff will be available to discuss the details of this agreement with the Council. l:\02files\02siteplan\02-06berens\finalcc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447 4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: n,~t tn,?net_. Approval of this agreement will allow the developer to improve the property and establish the bus storage facility on this site. The City Council has three alternatives: 1. Adopt a resolution approving the Agreement for Monitoring and Maintenance Plan for the Berens Bus Company Storage Lot. 2. Deny the resolution approving the Agreement for Monitoring and Maintenance Plan for the Berens Bus Company Storage Lot. 3. Defer this item and provide staff with specific direction. Staff recommends Alternative #1. This requires a motion and second to adopt a resolution approving Agreement for Monitoring and Maintenance Plan for the Berens Bus Company Storage Lot, and au~,)hori;ng ~ Maff~or and City Manager to sign the Agreement. Frank y~,C~y Manager l:\02files\02siteplan\02-06berens\finalcc.doc Page 2 RESOLUTION 02.XX THE PRIOR LAKE CITY COUNCIL APPROVING THE AGREEMENT FOR MONITORING AND MAINTENANCE PLAN FOR THE BERENS BUS COMPANY STORAGE LOT MOTION BY: SECOND BY: WHEREAS: The Developer has proposed constructing a bus storage lot on property within a landlocked watershed basin ("basin"); and WHEREAS: In evaluating the construction of a project within a basin, the City considers the appropriateness of requiring certain storm water management principles; and WHEREAS: Infiltration/storage system capacity is an important storm water management principle; and WHEREAS: The Developer has submitted a plan for construction of an infiltration/storage system; and WHEREAS: The City Council has approved the Agreement for Monitoring and Maintenance Plan for the Berens Bus Company Storage Lot. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The Mayor and City Manager are hereby authorized to execute the Agreement for Monitoring and Maintenance Plan for the Berens Bus Company Storage Lot on behalf of the City. Passed and adopted this 5th day of August, 2002. YES NO Haugen Haugen Gundlach Gundlach LeMair LeMair Petersen Petersen Zieska Zieska Frank Boyles, City Manager 1:\02flles\02siteplan\02-06berens~resolufion.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447 4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AGREEMENT FOR MONITORING AND MAINTENANCE PLAN FOR BERENS BUS COMPANY STORAGE LOT THIS AGREEMENT is made this th 5 day of August, 2002 by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation, organized under the laws of the State of Minnesota ("CITY") and BERENS BUS COMPANY, INC., a Minnesota corporation, organized pursuant to the laws of the State of Minnesota ("DEVELOPER"). RECITALS WHEREAS, the DEVELOPER has proposed constructing a bus storage lot on property within a landlocked watershed basin ("BASIN"); and WHEREAS, in evaluating the construction of a project within a BASIN, the CITY considers the appropriateness of requiring certain storm water management principles; WHEREAS, infiltration/storage system capacity is an important storm water management principle; WHEREAS, the DEVELOPER has submitted a plan for construction of ma infiltration/storage system. NOW THEREFORE, based on the mutual promises and covenants set forth herein, the sufficiency of which is not disputed, the parties hereto agree as follows: Purpose. The purpose of this AGREEMENT is to set forth the terms and conditions for the construction, monitoring and maintenance of an infiltration of a storm water management infiltration storage system ("SYSTEM"). 1:\02files\02siteptan\02-06berens\berens agreement.doc i 2. Recitals. The recitals set forth above are incorporated as if fully set forth herein. 3. Description of the Proiect. The DEVELOPER is constructing a bus storage lot on land legally described in Exhibit A. Exhibit A is incorporated herein as if fully set forth. In connection with the construction of the bus storage lot, the DEVELOPER is required to construct a storm water management infiltration storage system. 4. Storm water Management Infiltration Storage System. 4.1. The SYSTEM will be constructed in accordance with the plans and Permit, approved and issued by the CITY. Said plans and Permit are attached as Exhibit "B" to this AGREEMENT. Exhibit B is incorporated herein as if fully set forth. 4.2. The design of the SYSTEM will not be changed without prior written approval of the CITY. 5. Maintenance of SYSTEM. 5.1. The DEVELOPER is solely responsible for the maintenance of the SYSTEM to ensure that the SYSTEM continues to provide adequate infiltration capacity for the future. For the purposes of this AGREEMENT, "adequate infiltration capacity" means storage capacity to accommodate at least all run-off from a one- year, twenty-four hour rainfall event and the capacity to infiltrate ail run-off from the one-year run-off event within seventy-two hours. 5.2. Maintenance shall comply with a maintenance plan prepared by a professional engineer, registered in the State of Minnesota. The plan shall include, but is not limited to, cleaning, repairing and any other work deemed necessary'to ensure the proper function of the SYSTEM. A copy of the maintenance plan shall be provided to the CITY. 6. Monitoring. 6.1. The DEVELOPER must implement a monitoring program to demonstrate that the SYSTEM continues to provide adequate storage and infiltration capacity. 6.2. The Developer shall record the water levels in the infiltration basin once daily (Monday through Friday) for the month of June. The Developer shall check the volume of the basins on June 30th of each year. The records shall be submitted to the City no later than November Ist of each year. 7. Default. A failure to comply with the plans, Permit or any of the terms and conditions of this AGREEMENT shall constitute a default of this AGREEMENT. In the event ora default, the CITY shall provide the DEVELOPER with notice as provided for in Paragraph 8. The notice shall set forth the nature of the default and the time within which the DEVELOPER must cure the default, which shall be not less than 48 hours,except that in the event that the nature of the default is such that, in the sole judgment of the CITY, it may pose an imminent potential risk to the health, safety or welfare to persons or property, the CITY may enter the property legally described in Exhibit A and perform the required work to cure the default. All costs incurred by the CITY to cure the default, including administrative costs, shall be the sole responsibility of the DEVELOPER. l:\02files\02siteplan\02-06berens\berens agreement.doc 2 7.1. The CITY shall invoice the DEVELOPER for the costs incurred to cure the default. 7.2. The DEVELOPER shall pay said invoice within thirty (30) days of receipt thereof. 7.3. The DEVELOPER agrees that if DEVELOPER fails to pay the invoiced amount within the thirty (30) day period, the CITY may assess the invoiced amount against the property described in Exhibit A. 8. Notices. Required Notices to the DEVELOPER shall be in writing, and shall be either hand delivered to the DEVELOPER, its employees or agents, or mailed to the DEVELOPER by certified mail at the following address: Berens Bus Company, Inc., 18740 Fairlawn Avenue, Prior Lake, Minnesota, 55372. Notices to the CITY shall be in writing and shall be either hand delivered to the CITY Manager, or mailed to the CITY by certified mail in care of the CITY Manager at the following address: CITY of Prior Lake, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714. 9. License. The DEVELOPER grants the CITY a non-revocable license to enter upon the property legally described in Exhibit A for the sole purpose of curing any default or to prevent against any imminent potential threat to the heglth, safety or welfare of persons or property. 10. Indemnification and Hold Harmless. The DEVELOPER shall indemnify, defend and hold the CITY, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the CITY incurs or suffers, which arise out of, result from or relate to approval of the plans, issuance of the Permit or any provision of this AGREEMENT. The responsibility to indemnify and hold the CITY harmless from claims arising out of or resulting from the actions or inactions of the CITY, its Council, agents, employees, and representatives does not extend to any willful or intentional misconduct on the part of any of these individuals. I 1. Recording. The DEVELOPER shall cause this AGREEMENT to be recorded against the property legally described in Exhibit A within 10 days of the issuance of the Permit. The DEVELOPER shall provide evidence of recording to the CITY within 10 days thereafter. 12. Heirs, Successors And Assigns. This AGREEMENT shall mn with the land legally described in Exhibit A and shall be binding against all heirs, successors and assignees of the DEVELOPER. 12.1. Assignment. The DEVELOPER may not assign tiffs AGREEMENT without the prior written approval of the CITY Council 13. Miscellaneous. 13.1. Severabilitw. In the event any provisions of this Contract shall be held invalid, illegal, or unenfomeable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. l:\02files\02siteplan\02-06berens\berens agreement, doc 3 13.2. 13.3. 13.4. Waiver. Failure of either party at any time to require performance of any provision of this Contract shall not affect its right to require full performance thereof at any time thereafter and the waiver by either party of a breach of any such provision shall not be taken or held to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of such provision Enforcement of the Agreement. Any fees incurred by the CITY associated with enforcing any of the terms and conditions set forth in this AGREEMENT, including but not limited to CITY staff, engineering and attorney's fees, shall be the sole responsibility of the DEVELOPER. Governing Law. This AGREEMENT shall be governed by the laws of the State of Mirmesota. Executed by the parties hereto as of the day and date first above written. CITY OF PRIOR LAKE By: Jack G. Haugen, Mayor By: Frank Boyles, City Manager BERENS BUS COMPANY, INC. By: By: STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 2002, by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City. of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) &4~ )ss. COUNTY OF "~ ~, '[ ) The foregoing (nstrum, pnt..,was ac,,knowledged before me this_~___~ day of l:\02files\02siteplan\02-06berens\berens agreement.doc NOTARY PUBLIC Reviewed as to Form and Execution: By: Suesan Lea Pace, City Attorney DRAFTED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 l:\02files\02sit eplan\02-06berens\berens agreement, doc 5 Ii Miscellaneous L:\TEMPLATE~FILEINFO.DOC Scott County Page 1 of 1 16760 1~01 ~ ID Number: 259010087 Property Znformation Deeded Arces: Owner: Owner Address: 1.44 EGE,DUWAYNE C 1803 EAGLE CREEK BLV District: 719 Zoning: City SHAKOPEE, MN 55379 Property Value Building Characteristics Lend: $ 43200 T~pe: Building: $ 0 Year Built; 0 Green Acres: $ 0 Architectural Style: Total: $ 43200 Foundation Size (Sq Fl): 0 Property Description Garage Size (Sq Ft): 0 Lot: Block: Bedrooms: 0 Plat Description: Bathrooms: 0 ;IS Acres: 1.25 Complex Property: .../com.esri.csrimap.Esrimap?ServiceName=overview&ClientVersion=3.1 &Form=True&Encode=Fals 3/26/02 llin] ~ineeein~ 3727 255th Street E. · Webster MN 55088 · Phone (952) 461-3320 · Fax (952) 461-3310 ,-?t~¢~¢¢~.~--; ...... ~--i-.-~ ~J of ~ lliny ]ineerin] 3727 255th Street E. · Webster MN 55088 · Phone (952) 461-3320 · Fax (952) 461-3310 of E Job no I Carlson F4J[]NE NO. : ~12 447 6139 Nar. ~ CITY OF PR/OR LAK~ Impervious Surface Calculations (To be S~bmMed Wld~ BuiMlng ~e~mit Appllc~to~) For All Properties Located in the Shoreland Distn~ (SD). The Maxim-m Impervious Surface Cover~e Pet,ii~ed in -Afl Percent. HOUSE LENGTH WIDTIt SQ. FEET :"' x ' "" ' ' 'Jk ' "'"": '"' arrac~~n OAm~o£ TOTAL PRINCIPLE STRUCTURE DETACI-n~n BLDGS x (Oar~eSh~ x TOTAL D~¥ACSf~,D BUILDINGS DRIVEWAY/PAVED AI~E~ (Ddvew~,-p~ved ar aorO X TOTAL PAV'KD ARF,.AS ................. TOT.,~L DECKS ........ - ----~ ........ TOTAL IMPERVIOUS SURFACE ~ E'~ o II , ,'ii FEATURES HOUSIN0 -- Rugged, heavy-gauge, .12" thick, lightweight, ex- truded, aluminum housing. Square shape, seam-welded and internally sealed for weather-tight integriW. Standard finish is dark bronze {DOB), po[yester;~powder, electroststically- applied and oven-cured. Other powder architectural colors available. DOOR FRAME -- Naturally anodized, extruded, aluminum door frame is sealed to housing by a silicone, closed-celt gasket and is secured with (3) quarter turn closing screws. Can be hinged from any of the four sides. LENS -- .125" thick impact-resistant, tempered glass. MOUNTING -- Extruded, 4" aluminum arm for pole or wall mounting is shipped in fixture carton. Optional mountings available. 0PT~CS --Anodized, segmented panels are tabbed and riveted to aluminum reflector housing. Reflectors are rotatable and interchangeable. Four cutoff distributions available:Type H (Roadway), Type III (Asymmetric), Type IV (Fo~ard Throw) and Type V (Square). ELECTRICAL SYSTEM -- Constant-wattage autotrensformer, ballast. Ballast is copper wound and 100% factory tested. Removable power tray and positive locking disconnect plug. SOCKET -- Porcelain, horizontally-oriented mogul-base socket with copper alloy, nickeFplated screw shell and center con- tact. UL listed 1500W-6~V. LISTING -- UL 1572 listed for wet locations. CSA certified {see options). Prumium Cutoff Lighting KSE2 400M 400W METAL HALIDE 20' to 35' Mounting vns, .n. ETR ~j ~. ~.?~. i~. ...... Standard dimensions EPA: 1.9 fttl.18m2) (includes arm) Square: 19 (48.3) Depth: 10-15/16 {27.8) Arm length: 4 Weight; 3g.9 [be (18.1kg) -Arm I Square ORDERING INFORMATION ~xampIe: KSE2 400M R3 120 SP04 SF DOB KGE2 40OM KSF..2 400MI 120 208 I Distribution ] 240 2'/7 R2 lES Type II Roadway 347 R3 les Type Iii Asymmetric 480 R4 lES Type iV Forward Throw TB2 RSS lES Type V Sqoere NOTES: 1 Usa with ED28 reduced jacketed lamp. Options SPM Square pole {4' arm) (standard)3 SP~9 Square pole (9' arm) RP04 Reued pole (4' arm]3 RP09 Round pole (9" arm) WW04 Woad pole er wall (4" erm)3 tffW09 Wood pole ar waft (9~ arml WB04 Wall bracket (4" arm) WB09 Wall bracket t9" erin) L/ARM When ordering KMA, 0A12 EC CR OPTIONAL MOUNTING Ishipped separately) CSA DA12P Degree arm Ipoie) Shipped Installed In Fixture SF Single fuse {120, 277, 347V, r~a DF Double f~se (208, 240, 480V, n/a PER NEMA twist-lock receptacle only QRS Guartz restrike system (~50W max) (lam~ not [~cluded} Emerga~cy circuit Corrosion-resistant CeA-labeled for shipment to C~nada (~20, 277, 347V only) Architectural Co[ers {powder finish)s Standard Colors DOG 0ark bronze tstandard) OWH White OBL Black Classic Colors DMB Medium bronze DNA Natural a~umlnum DSS Sandstone OOC Charcoal gray OTG Tennis green DBR Bright red 2 0 pUonal mud-tap ballast (~ 20, 208,240, 27T~. 3 SP09, RP09 or WW0S must be used when twa 5 Additions1 architectural celors available; Tenon O.D. 2-3/8' T2~-l~O 2-7/8' 12S-1~0 4' 'r3s-190 DM2WB 9egrae arm Iwalll KMA Mast arm adapter Shipped Separctal'/~ K1%10 Twin mounting bar PE1 NEMA twist-lock phatocontrol {120, 208, 240V) P~ NEMA ~ist-lock photocontrol (347V) PE4 NEMA ~st-lock phetoconVol Acce~ories: Tenon Mounting SlipOVer P~ NEMA ~ist-tock p~otoco~trol Order as separate catalog number. (277V} Number ~fi=ure~ SC Shorting cap for PER op~on One Two~l~· Two~90*= Threa~120" Three~'= Fou~0~ ~HS House side shietd{R2,R3) ~0-2~ ~0 ~ ~ ~0-4~ ~VG Vandal Guard ~-~0 ~5-320 T3~ DSB Stee~ blue ~ SPECIFICATION OUTDOOR UGHTING 605-KSE2 400M Premium Cutoff Lighting :oefflciant of Utilization __ nitial Foetcandiee KSE2 R2 ED-28'r"~t.e.~193O3~5ol ' .0 .1 .2 .3 .4 0 1 2 3 4 5 4QOW Metal Halide Lamp, 32,000 rated KSE2 R3 ED-Z8 Test no. 1194100501 ,0 .1 .2 .a -& .5 40OW Meta~ Halide Lamp, 3E,000 rated lumens. Footcandle values based on 30' mounting height, Oiatdbutlon Type I1[, cutoff. KSE2 R4 ED-28 Test no. 1193041301 400W Metal Halide Lamp, 32.000 rated lumens. Footcandle valuee baaed on 30' mounting height, Distribution Type IV, cutoff. KSE2 R5 ED-28 Test no, 1193051801 0.5 0.25 A00W Metal Ne{ida Lamp. 32,000 rated lumens, Footcandle values based on 30' mounting height, Distribution Type V, NOTES: *i, For electricet chareeteriatiea, 0onsult taohnical data tab, 3, Teated to current lES and NSMA standards under stabi- lized laboratory conditions. Various operating factors based on the most currant available data and are subject to change. Mounting Height Correction Factor (M~tlply the fc level by the correction factor) 2S ft.-t ,44 32 ff.- .8B 35 ft.- .73 605-KSE2 01995 Lithonia Lighting, Rev'. 8/96 SOS-KSE2.PMS SPECIFICATION OUTDOOR LIGHTING Area Lighting KSE Symmetra® Ordering Information Architectural Arm-Mounted Cutoff For car lots, street lighting or parking areas. Housing - Rugged, heavy-gauge, e~rud- sd aluminum housing. Squa re shape, seam- welded and internally sealed for weather- tight integrity. Standard finish is dark bronze polyester powder (DDB). Architec- tural Class 1 anodize finish and other archi- tectural colors available. Optics - Anodized, segmented reflectors for uniformity and control Reflectors are rotatable and interchangeable. Five cut- off distributions available: R2 [Roadway}, R3 (Asymmetric), R4SC (Fo~ard Threw, Sharp Cutoff), R4W (Wide, Fora rd Throw) andRSS (Symmetric). Door Frame - Naturally anodized, extrud- ed aluminum door frame sealed to housing bysilicone closed-ceflgasket and secured with (3) qua~er-tum closin~ screws. Can be hinged from any of the four sides. Lens- .125"-thick, impact-resistant tem- pered glass, Mounting - Extruded 4" aluminum arm for pole or well mounting shipped in fixture carton. 0ptionat mountings available. Electrical - Hig{~ reactance, high ~owat factor for 150W and below, Constant w~- age autotransformer for 175W and above. Copper wound and 100% facto~ teste~. Removable power tray and positNe-iock- lng dieconnect plug. Socket - Medium-base socket for 150W and below. Mogu(-base porcelain socket with cop~er a~oy, nickel-plated screw shell and center contact. UL I~sted 1500W-600V. 4KV pu~se rated. Listings - UL Listed (standard). CSA CeKi- fled or NOM Codified (see options), UL ~[st- ed for wet locations. Example: KSE1 150S R2 120 SP09 PER DeSignation High Pressure Sodium I($E1 7OS KSEI ~ees KSE1 15eS KSE2 KSE2 4ODS MeCa~ KSEI 10OM~ gSE1 tSOM K~EI 115M KSE1 200M~ ~SE2 250M ~E2 320M~ KSE2 350M~ KSE2 ~OM3 Oie[ribution Vpitoge R2 Type II roadway 120 R3 Type iii asymmetric Rase '~ype )¥ forward 277 threw, sharp cutoff ~47 lazard throw ~s~ze RSS Type V s~uare $P04 4~ square po(e arma (std.) ~POe 9" squer~ pole erin RPO4 4" roun~ pete arm~ RP~ ~. round 9o(e arm WW04 4" wood po~e or wall~ WW09 9' wood pole or wall W804 4" ws(f bracket WB09 9" wall bracket UARM When ordering KMA or DA12 ~hioosd seoarateN KMA Mast arm adapter ~TMB Twin mounting bar OAlZP Degree arm {pole) DA12W8 Degree arm (wali) Options?Adceseodes InstaJied SF Single fuse, 1gO, 277, 34'/V DF Double fuse, 208, 240, 4eav PER NEMA twist-lock receptacle only (no photocontrol~ QRS Qua~ res~ike system CR Corrosion-resistant finish EC Emergency circuit GSL Glass sag ions~ SCWA Super CWA Putse Sta~ with HPS or ~00, CSA CSA Ce~fie~ NOM N0M Codified (consult factow~ ~h~ed Seoaratelv PE1 NEMA ~istqock PE {120-2~V) PE3 NEMA ~i~-Ieck PE (3~7V)~ PE4 NEMA ~ist-lock PE (480V)7 PE? NEMA ~i~-~ock PE (277V)7 SC Sho~ing cap f~r PER KSEfNS H~use-side shield (RZ, R3 anN) KSEgHS ~ouse-side shield (Ri R3 on~y) KSEWG Vends( guard KSE2~G Vandal gaard