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} 4401 Xylon Avenue North City Hall: 612-531-5100 City Hall Fax: 612-531-5136
I New Hope, Minnesota 55428-4898 Police: 612-531-5170 Police Fax: 612-531.5174
Public Works: 612-533-4823 Public Works Fax: 612-533-7650
w -140,9//� TDD: 612-531-5109 Fire Dept. Fax: 612-531-5175
•.
March 21, 1996
Lakeside Limited
Attn: Frank Scharber
5001 Boone Ave. No.
•
RE: New Storm Water Retention Pond
Dear Frank
I want to bring to your attention the attached advisory we received from the Engineer for
the Shingle Creek Watershed. Eric Thompson (Montgomery Watson Co. 595-5275) inspected
each of the ponds in the watershed late last fall and has recommended a repair to your new
pond. As you recal4 the latest addition to your building included a storm water pond at the west
edge of your lot, designed to catch most of the Lakeside runoff. The approved design for the
pond included 2 feet of "dead" water storage, between the elevations of 900' - 902'. It appears
that the pond has filled with more than 1 foot of silt/clay reducing its function, leaving less than
1 foot of "dead" storage.
Please make arrangements to clean out the pond and restore its design storage capacity
within the next 4 months. Feel free to call Eric Thompson, or me, with questions. If it would
be helpful, our Consulting City Engineer, Mark Hanson, (636-4600 x 338) will meet with us to
clarify the matter.
Thanks, in advance, for your cooperation.
Douglas C. Smith
Director of Fire & Safety
Sincerely,
.r 1 iPr
•
Douglas Sandstad
Building Official/Zoning Administrator cc: Shingle Creek
Hanson
/1 —
Family Styled City d, V
i For Family Living
Install 25 lineal ft. of 18 inch pvc pipe @ 1.00 %
InsttIl 15 lineal ft. of 6 inch pyc pipe @ 1i0(
•
Install 20 lineal ft. of 18 inch !
- i f. /-
Install 4 yds.^3 of class 3 Mndot ` / m•
riprap per Mndot spec. 2511 & 3601 \ `_ 896 ' —90�'�% `/ — oG,=— —
Prop. m.h.# 3 ��"L=mss
Rim elev. 905.0 _ -: / -
Inv. elev. 899.5 (6") ��'� - / �°` `- (f
Inv. elev: 902.0 (18") .- � / //
(See "skimmer" detail / . el ,/ EXISTING PRO
lower r.h. corner of sheet) _ 11 ;
11 1 i tk. .....F.7F1. -.1 !...-r..
Install 4 yds.^3 of class 3 Mndot / / / �� - �' �' '�:<:
riprap per Mndot spec. 2511 & 3601 1 / . : .` .. ` •. v' '2.
1 1 / / !I.r.. .,, .. , ./
1 I I
Storm water pond data: I II 11 �/
I ; /
I Tributary area: 4.4 acres r I f •
Coefficient"c" : 0.85 '
Run-off from 2 inch rainfall: 27000 ft"3 i 'At T /.
+ J
Peak discharge: 1.5 cfs @ pond elev. 905.0 i '\ 3 I 1Storage vol: (902 - 9 5) = 27,350 ft."3 I \
\Bo�tlan of pond elev. 899.0 tg ?Dead storage volume: (900 - 902) = 9,000 ft."3\ \ ._ J0\ , P , a
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SHINGLE CREEK WATERSHED MAN\GEMENT COMMISSION
POND INSPECTION REPORT
r
L September 7, 1995
I
Prepared By:
Eric Thompson, Project Engineer
I
c9; ?
MONTGOMERY WATSON
Waterford Park
505 U.S. Highway 169, Suite 555
Minneapolis, Minnesota 55441
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Project Review SC 93-4: Middle Pond/MTC Park/Ride Facility Brooklyn Center
1 This 9.1-acre site at the southwest quadrant of I-694Brooklyn Boulevard will eventually be the
location of a regional stormwater pond. The proposed regional pond will serve approximately 175
acres of Brooklyn Center's 63rd/65th Avenue drainage area. The pond will function primarily as a
1 detention and flood reduction basin but will also provide treatment of stormwater discharges prior
to outletting to Shingle Creek.
n
Currently, this project has not been completed.
Project Review SC 93-5: US West Communications Plymouth
1 This project consisted of construction of two new parking lots to accommodate an additional 239
stalls for the existing US West Communications site west of Highway 169. Runoff from the
southwestern portion of the site, which includes the new parking area, drains to a large on-site
pond which, in turn, discharges to a second pond located along the Highway 169 frontage road. A
finding in the 1993 project review stated that skimming through use of a submerged outlet or
baffled weir structure was to be provided for Pond 2.
The 1994 site inspection revealed that Pond 2 did not have a baffled weir skimmer. The current
site inspection verified this. It is recommended that this skimmer be installed.
- Project Review SC 93-6: Alleygators Nightclub Maple Grove
The nightclub is located at the northeast quadrant of Interstate 494 and Bass Lake Road in Maple
Grove. Site drainage is routed north to a regional pond constructed by Opus Corporation as part of
the Northgate Business Plaza reviewed as SC 89-11.
The 1994 inspection revealed the regional pond to be in very good condition with the exception of
a small erosion problem occurring at a storm sewer outfall on the southwest corner of the pond.
The current inspection verified that this erosion problem still exists. It is recommended that repairs
be made to the southwest corner of the site and erosion control riprap be placed at the storm sewer
• outfall to prevent future problems.
4 Project Review SC 93-7: Lakeside Limited Warehouse Addition New Hope
This project review was for a proposed 3,000 square foot addition to an existing warehouse.
Approximately 60% of the site drains to an on-site detention pond which was designed in
accordance with Commission standards.
The 1994 and 1995 inspections revealed this pond to be in good operating condition except for its
inordinately shallow permanent pool (<1 foot). It is recommended that this pond be excavated to a
minimum depth of 2 feet to provide appropriate dead storage volume.
Project Review SC 93-11: Damark Corporation Site Improvements Brooklyn Park
This project review focused on a building addition and parking lot expansion for a 12-acre
commercial lot adjacent to the existing Damark facility on Winnetka Avenue. The new
development was to drain to a new on-site detention pond adjacent to Wetland 563W.
The 1994 site inspection showed this proposed expansion project had not yet occurred. The 1995
inspection verified this. A small on-site detention pond was inspected to assess its potential
performance. Some damaged boards in the weir structure noted in 1994 have been repaired.
There are no recommended improvements for the existing pond.
1 .
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Pc', ? -6 I
CITY OF NEW HOPE
VARIANCE
SITE IMPROVEMENT AGREEMENT
THIS AGREEMENT is entered into by Lakeside Property Management
Limited Partnership , a Delaware limited partnership and Lakeside
Limited , Inc . , a Minnesota corporation (hereinfter collectively
"Developer" ) a d the City of New Hope ( hereinafter "City" ) , this
A4,341' day of /pri L , 199 -
WHEREAS, on April 12 , 1993, by Resolution No . 93-61 , the City
Council approved Developer ' s request for a Variance ( hereinafter
the "Variance" ) for certain real property located in the City of
New Hope , County of Hennepin , State of Minnesota known as 5001
Boone Avenue North, legally described as :
The South 400 . 0 feet , as measured along the East and West
lines , of the East 923. 0 feet , as measured at right angle
to the East line, of the following described property :
Beginning at a point on the North and South centerline of
Section 7 , Township 118, Range 21 West of the 5th
Principal Meridian , where said North and South centerline
intersects the Southerly line right-of-way of the
Railroad generally called The Minneapolis-St . Paul and
Sault St . Marie Railroad ; thence West along the Southerly
line of right-of-way of said Railroad 1052 rods ; thence
running South parallel with the North and South
centerline of said Section 7 to the North boundary line
of the South 2 of the Southwest * of the Northwest * of
said Section 7 ; thence Easterly along said North boundary
line of the South 2 of the Southwest * of the Northwest
* of said Section 7 ; extended to the North and South
centerline of said Section ; thence North on said North
and South centerline to place of beginning , according to
the United States Government Survey thereof , and situate
in Hennepin County , Minnesota.
( hereinafter "Property" ) to allow a warehouse addition in an I-1
Zoning District , and
WHEREAS , on April 12 , 1993 the City Council also approved
Developer ' s site development plans for the Property as set forth in
Planning Case 93-09 ( hereinafter "Plans" ) , and
WHEREAS, the Variance was granted subject to the following
conditions :
1
The Developer unconditionally guarantees to the City all of the
Secured Work for a period of one year subsequent to the Completion
Date of the Secured Work . This guarantee shall include failure of
the Secured Work due to poor material , faulty workmanship, or any
other cause . This guarantee shall continue whether or not all of
the financial guarantee shall have been released by the City.
4 . COMPLETION . The Developer agrees that the Work shall be
completed in its entirety on or before the 1st day of July, 1994
(the Completion Date ) , except as this period of time is extended by
force majeure or by resolution of the Council , or by the City
taking no action to require completion hereunder on a timely basis .
It is understood and agreed that failure of the City to promptly
take action to draw upon the bond or other security to enforce
this Agreement after the expiration of the time in which the Work
is to be completed hereunder will not waive, estop or release any
rights of the City and the City can take action at any time
thereafter to require completion of the Work , and payment for same .
Furthermore , the term of this Agreement shall be deemed to be
automatically extended until such time as the City Council declares
the Developer in default thereunder, and the statute of limitations
shall not be deemed to commence running until the City Council has
been notified in writing by the Developer that the Developer has
either complied with this Agreement , or that it refuses to for any
reason . These provisions shall be applicable to any person who
shall give a financial guarantee to the City as required below.
5 . COST OF WORK. The Developer shall pay for all costs of
persons doing work or furnishing skill , tools , machinery or
materials, or insurance premiums or equipment or supplies and all
just claims for the same , and the City shall be under no obligation
to pay the Developer or any subcontractor any sum whatsoever on
account thereof , whether or not the City shall have approved the
subcontract or subcontractor , and the Developer and its surety
shall hold the City harmless against any such claims , and provide
the City with all necessary lien waivers .
6 . DEFAULT. In the event of default by the Developer as to
any of the Secured Work to be performed hereunder , the City may, at
its option , perform the Secured Work and the Developer shall
promptly reimburse the City for any expense incurred therein by the
City, provided the Developer is first given written notice by
United States Mail of the Secured Work in default and required to
be done by the Developer , not less than 10 business days being
given thereby to the Developer to remove the default status , said
notice being addressed to the Developer at the address set forth
below. Notice given in this manner being sufficient as described ,
by agreement of the parties hereto. Notice to the Developer shall
3
10 . COST OF ENFORCEMENT. The Developer agrees to reimburse
the City for all costs incurred by the City in the enforcement of
this Agreement , or any portion thereof , including court costs and
reasonable engineering and attorney ' s fees .
11 . FINANCIAL GUARANTEE . The Developer shall furnish the
City with a financial guarantee acceptable to the City in one of
the following forms : a) cash escrow; b ) a performance bond issued
by an approved corporate surety licensed to do business in the
State of Minnesota, and executed by the Developer as the principal ;
c ) an irrevocable letter of credit ; d ) an automatically renewing
certificate of deposit in Developer' s name but assigned to the
City ; e ) other financial instruments which provide equivalent
assurance to the City . Said financial guarantee shall be furnished
to the City as security to assure completion of the items of
Secured Work as set forth above , and payment of the costs of
administration as set forth above. The financial guarantee shall
be in an amount of 150% of the cost of the Secured Work as
estimated by the City Engineer . The financial guarantee provided
shall continue in full force and effect until the City Council by
resolution approves and accepts all of the Secured Work undertaken
and releases the surety and/or the Developer from any further
liability, and until all administrative costs are paid in full .
Said resolution shall also authorize release of any remaining
financial guarantee to the Developer , less unpaid administrative
costs . The City Council may reduce the amount of the financial
guarantee upon partial completion of the Secured Work and payment
of all outstanding administrative costs .
12 . NOTICE . The address of Developer , for purposes of this
Agreement is as follows , and any notice mailed by the City to this
address shall be deemed sufficient notice under this Agreement ,
until notice of a change of address is given to the City in
writing :
Lakeside Limited , Inc .
5001 Boone Avenue North
New Hope, MN 55428
13 . SEVERABILITY. If any portion , section , subsection ,
paragraph, sentence, clause or phrase of this Agreement is for any
reason held to be invalid , such decisions shall not affect the
validity of the remaining portion of this Agreement .
14. SUCCESSION . This Agreement shall be binding upon the
parties , their heirs, successors or assigns as the case may be .
5
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
The 4'-`t-4
regoi ng instrument w s acknowledged be/ore me this
day of ,� 199 , : .. . ,_. . ._ i the
,1 j ,� . o f , %,,_ .1_0_... II Le,„2 ,4_,,,I general
partner of LAKESIDE PROPERTY MANAGEMENT LI ITED PARTNERSHIP , a
Delaware limited partnership , on behalf of said limited
partnership .
."0"-s;., PATRICIAA.SGvtUNL-AU (dartiel.A iljyrbc9-
NOTARY PUBLIC N rdSESOTA Notary Public
ANOKA COUNTY
.-411.1c," My Commiss!,1 F,.. • .,, 31 2000
STATE OF MINNESOTA )
ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged b fore me this r,3 .
day of APAsi� , 199 , by , ' Q s�� c nn and
.._.. _ .•- .. <<� , the U,(�.P/� 4,,
s, u . .died/ N uf a n d
,4/1.4c A uL44ud , respectively, of LAKESIDE LIMITED, INC. , a
Minnesota corporation , on behalf of said corporation .
,;••.._ pATRICIA A :gti`� NE oAA Lfidit,t�t.l ex _ �J.liYI/ OY/ t(
6i�"° NOTARY PUBLIC MSN Notary Public
IJ
ANOKA COU'NYY
J�l{� My Commission``pyres 30 91 2000
DRAFTED BY:
CORRICK & SONDRALL, P.A.
8525 Edinbrook Crossing , #203
Brooklyn Park , MN 55443
( 612) 425-5671
c : \wp51 \cnh\variance . lak
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