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.
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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
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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
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~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
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of ~
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]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