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HomeMy WebLinkAbout2005-03-29 CC Meeting Packet EnclosureMeeting Date March 29 2005 Agenda Item Title: Approve Wal-Mart Developer's Agreement Time: Agenda Placement Old Business Originating DepartmentiRequestor Requester's Signature Action Requested 3 minutes Oak Park Heights Request for Council Action 0 Eric 0 1 son, City Administrator rove Wal-Mart Developer's Agreement Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Attached are two documents from the City Attorney's Office: 2) Draft of Wal-Mart's Amended Conditional Use Permit(CUP) 1) DRAFT of the Developer's Agreement (DA) between the City and Wal-Mart Staff seeks City Council general approval of the DA in its DRAFT form, subject to final review and approval by the City Attorney's office. No additional action is necessary for this Amended CUP, it is for your reference. It does T corporate all items discussed as required conditions for Council approval. THIS AGREEMENT, made and entered into this day of , 2005, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City "), and Wal -Mart Stores, Inc., (the "Developer "). WHEREAS, the Developer has made application to cil for approval of an Amended Conditional Use Permit and Variance Subdivision d Lot ": f ' nation �6 , site plan and Design Guidelines review affecting lands within the corporate limits o City described as follows: (the "Subdivision "); and, WHEREAS, the City Council has o on the condition that the Developer enter in installation of street, water, sewer and other p on -site improvements hereinafter described, a hereinafter set forth. conditions h e WITNESSETH; NOW, THEREFORE, in consideration of e premises and of the mutual promises and designation of Trii Improvements to be installed at Developer's expense by the Develo .✓ as hereinafter :e vided are hereinafter referred to as "Plan A Improvements." Improvem _to be installed the City and paid for by Developer are hereinafter referred to as "Plan B Jmprt = ents." CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT PROVEMENTS: The Developer will construct at Developer's 1. PL �N�..�� � g improvements according following expens followin im. rovements under Plan A accordin to the followin terms and cony tions: WAL -MART 2ND ADDITION See Attached Exhibit A 5, granted approval to the Subdivision, Yz. ipulating the conditions for the improve is as well as the development of in accordance with the terms and conditions 7 ntained, it is hereby agreed as follows: A. The Developer shall do all site grading, common greenway and open spaces, storm water storage ponds, surface drainage ways and all private driveways, including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan with maximum two (2) foot contours, pad elevations, drainage provisions, erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to commencement of any site grading. Any changes to the grading plan during construction shall be submitted to the City for approval. Each building site must conform to the grading plan approved by the Building Inspector of the City of Oak Park Heights prior to a building permit being issued. B. The Developer shall control soil erosion ensuring: 1) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during = ction, said plan shall be approved p �. p pp by the City prior to t e commencement of site grading or construction. 2) Erosion and siltation con different stages of developmeti required by the City Engineer s and as may be necessary to control 3) Land shall be developed in increme s of workable size such that adequate erosion and siltation controls can be provided as progresses. The smallest practical area of land shall be at any one period of time. hall be coordinated with the Appropriate control measures as e installed prior to development //,�.} .o 'soil is removed, sufficient arable soil shall be set aside t, Y rest° s R` the developed area The topsoil shall be res red to a dep `h of at least four (4) inches and shall be of a quality at lead ;s ual to the soil quality prior to development. 5) The De veloper shall not locate its equipment within the right-of-way of 58th Street as acquired by the City of Oak Park Heights adjacent to this development without the express written consent of the City Engineer. C. The Developer shall place iron monuments at all Lot and Block corners and at all other angle points on boundary lines. Iron monuments shall be replaced after all street and lawn grading has been completed in order to preserve the Lot markers. D. The Developer shall be responsible for maintaining the location of and protecting curb stops, water services and sewer services. Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading) or driveway surface. E. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City. Final landscaping plans must be submitted to the office of the City Planner for approval. F. The Developer shall be responsible for stree aintenance, including curbs, boulevards, sod and street sweeping, , ` J roject s w ' ect is complete. All p streets shall be maintained free of deb and s 6. 3 til the subdivision is completed. warning signs shall be place when ha = 0 develop in streets to prevent the public from traveling on same and s: ,: mg attention to detours. The repair of any damage done to the streets or : ' c utilities by Developer or any of its Contractors or Subcontractors, s 1 remain the financial responsibility of the Developer. tY er. p G. The Developer sue: furnish site lighting in accordance with the City Ordinance requirem% uant to a plan which must receive the approval of the City Planner. General Requirements: H. The Developer shall de s, ate a reasonable portion of this proposed subdivision as the City Co a reasonably determines to the ty y public for public uses as parks, playy unds, public open space, trails, or other conditions as required by the City and as shown on the final plat. hi lieu of pplete land dedication, Developer shall, upon execution of this ers A eement pay a park dedication fee now prescribed b ��. p ' �' � p Y p p Y ord`ace andlor resolution. The cash park dedication fee for this subdivision is in the amount of $ for p (computations need tai a annexed) A he evelop er shall dedicate and survey all drainage and storm water h 'n ponds as required by the City and to be shown on the final plat. g p q Y tY p The evelo shall be responsible for storm sewer cleaning and holding P p g pond dredging as required by the City prior to completion of the development. The City of Oak Park Heights is requiring Developer to dedicate storm water drainage areas and holding ponds to serve Developer's project. Such areas are incorporated within the drainage easement depicted on the final plat and upon execution of this Development Agreement and the recording of the final plat conveyed to the City of Oak Park Heights. J. The Developer shall be responsible for securing all necessary approvals, PUDs, CUPs and permits from all appropriate federal, state, regional and local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. The Developer shall secure the appropriate MnDOT access permits for the two (2) accesses onto the MnDOT Frontage Road, if n ` : ssary. K. Drainage and utility easements. Ten (10) f•e, ainage and utility easements shall b e rovided along all Lot lines in c . .inµ 6 s ts/ lat. p g p L. Wetland Designation. All areas classified as wet upon the plat and those so specified by the City Engine to the public for that purpose. M. Tree Protection and Clearing. The Developer must have th City Arborist, or a person under her designation, providing on -site supervision and direction during the earing process. Prior to the clearing operation being initiated, all clearin d trees to be protected shall be clearly marked. Tree protection fenc s- i stalled and maintained until after grading is complete. All fence sha n .lied at least twenty p � tY feet distant from the trunks of lax e = trees d uaus and around coniferous trees no closer than the drip lin Silt fenciu: may not be used as a substitute for tree protection fencing. F - .acing shall be orange in color with steel posts at six to eight (6 -8) foot inter ` . s The City Arborist shall be contacted by Developer for an inspectio : after the fencing is installed. All tree replacement fees due the City pursuant to the City Tree Protection ordinance shall be displayed all be dedicated w owing shall be paid within ten (10) days following the Arborist's cation of amounts due. Warr of Title. By its execution hereof, Developer hereby warrants and represen s that it has the exclusive and marketable fee title to the subject proper Developer further warrants and represents that there are no liens or E encurbrances against the title and that it is fully authorized to execute this c ement as the fee owner of the subject lands. P. Fire Hydrants. All fire hydrants throughout the development shall incorporate an AFC - Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one-piece design, compatible with a five (5) inch Storz hose coupling. The nozzle shall be an integral part of the fire hydrants and must be furnished by the manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. 2. DESCRIPTION OF PLAN A IMPROVEMENTS A. Site Work (Grading, Soil Erosion Control, Landscaping and Demolition) B. Utilities (Sanitary Sewer, Water Main, Small Utility Extensions) C. Paving and Parking Lots D. City Inspection of Utilities TOTAL ESTIMATED CON OF PLAN A IMPR.OVEMEs 3. CONSTRUC (Wal-Mar ESTIMATED ENGINEERIN q ` AND ADMINISTRATIVE (20 %): TOTAL ESTIMATED CONSTRUCTIO OF PLAN A IlVIPROVEMENTS: UCTTON COST $ ESTIMATED COST $ 925,000.00 $ 175,000.00 $ 1,400,000.00 $ 19,000.00 2,519,000.00 $ 503,000.00 T $ 3,022,800.00 SEC RITY REQUIREMENT (25%): $ 755 700.00 $ 3,778,588.00 A. Construction. :` construction, installation, materials and equipment shall be in accordan with the lans and specifications approved by the City. p pp Y tY . B. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. C. Easements. The Developer shall dedicate to the City, upon approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Plan A and Plan B Improvements as determined by the City. All such easements required by the City shall be in writing and in recordable form, containing such terms and conditions as the City shall determine. If within the platted area, all such easements shall be dedicated to the City and specifically described D. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts �. Performance The Developer or its general contractor's Performance Bond s cd for an initial period of time not less than one (1) year in duratio j. and - 0 r " renewed for additional periods at the request of the City until ject is 4. PLAN B IMPROVEMENTS. following improvements will be installed by the City at the Developer's expense ao ing to the following terms and conditions: E. within the Plat. As it affects all easements located outside the platted area, the same shall be dedicated by separate easement conveyed to the City of Oak Park Heights prior to the execution of the Development Agreement. entered into by the Developer for the installatit and construction of all Plan A Improvements and hereby guarantees t N : ~ = or nanship and materials for a period of one (1) year following th - °.s y ' ty's final acceptance of the Plan A Improvements. Concurrently vv ¢ . ution of this Agreement, Developer or its general contractor shaft rovide ,, Bond to the City of Oak Park Heights in a form. to be approve the City Attorney, guaranteeing the performance by Developer of the struction of the Plan A Improvements in a timely and proper mann Developer guarantees and agrees that, should the City of 0 't'ark Heights need to apply a claim on said Performance Bond, that De e oper shall pa, all attorney's fees and administrative expenses associated with said action. ,3. UPTION OF IMPROVEMENT nd Addition) Sewer ain C. Sto %Sewer Improvements D. S treet Improvements Erosion Control F. Restoration ESTIMATED COST $ 7,500.00 13,000.00 $ 7,200.00 $ 35,500.00 $ 2,600.00 $ 1,000.00 TOTAL ESTIMATED CONSTRUCTION COST $ 66,800.00 OF PLAN A IMPROVEMENTS: E S TIlV1ATED ENGINEERING, LEGAL AND $ 13,360.00 ADMINISTRATIVE (20 %): TOTAL ESTIMATED CONSTRUCTION CO . $ 80,160.00 OF PLAN B EV. PROVEM.ENTS : SECURITY REQUIREMENT (2 %): T $ 20,040.00 TOTAL PLAN B ESCROW (Wal -Mart 2 Addition) 5. That prior to the City ordering the installation and awarding th- contracts as it relates to the Plan B Improvements and the costs therefore, the Developer shall deposit with the City of p ; Park Heights, the total estimated cost of the Plan B Improvements plus a twen . rcent (25%) security requirement related thereto for a total of One Hundred o wo Hundred Dollars ($100,200.00). The City shall pay from said de it al ti- s - related to the construction of the Plan B Improvements providin - or cons 3 - of same as follows: A. Construction. After the pr y! aration of preliminary plans and estimates by the City, the City Council sh . ti e bids on the projects and thereafter award the contract ursuant to law the installation � nstallatron of the Plan B Improvements under the City's supervision. Upon receipt of the first bid tabulation, Developer shall be provided a copy thereof. The Developer shall have the right to immediately notify the City of its demand that the City reject all bids. As it affects the first bid tabulation, the City shall honor the Developer's wish if made to reject all bids and thereafter proceed to a second bidding on the project. Subsequent bid tabulations may be commented upon by Developer, but the City may award to the lowest responsible bidder of the project in the manner provided by law. B Escrow. No work shall be commenced under this Agreement until the Developer shall have filed with the City a cash deposit, certified check or Letter of Credit (in a form to be approved by the City Attorney) in the amount equal to the total estimated cost of the Plan B Improvements plus a security requirement of twenty-five percent (25%) in the total amount of One Hundred Thousand Two Hundred Dollars ($100,200.00). The City shall have the right to apply against the Letter of Credit all bills incurred by the City with regard to the Plan B Improvements; however, the City shall provide the Developer the opportunity to pay for said improvements as bills are incurred, in cash, rather than applying payments as against the Letter of Credit provided to the City, if a Letter of Credit is used in lieu of a cash escrow by the Developer. In such case, the Developer shall have ten (10) business days from the time of submission of the bill by the City to the Developer to pay to the City such amount in cash so that the City can use the payment to pay the amount due in lieu of drawing down on the Letter of Credit or other escrow on file with the City of Oak Park Heights. C. Plans and Specifications. The Developer shall be provided with a copy of the plans and specifications as prepared by the office of the City Engineer for the Plan B Improvements ax :_� all be allowed the opportunity to comment on same prior to fina . ` ease of the bid specifications by the office p p y of the City Engineer for s o of r i • eivin bid on the improvements. y p e �.�, g p The Developer shall also Be ri . d of t ` ~. 4 • id opening date and provided the opportunity to continent on th eceived prior to the award of the pp t y p .4, bid on the Plan B Improvements . , - veloper may recommend rejection g pro all bids and the rebidding of the ro : v� ■ r an y portion a ortion thereof• however, such recommendation is not binding on M a of Oak Park Heights and the City may award the contract based upo e bids received if it, in its absolute discretion, determines that the bids so received are reasonable. T ze .De :el cr shall also be provided the opportunity to request that the City gineer colder including certain contractors that the Developer might RI_ suggest to b `� dded to the proposed bidder's list. Final determination of the �� P P pro ok d b st shall rest in the discretion of the City Engineer. D. ownership j Plan B Improvements. All such improvements as constructed shall become- n roperty of the City of oak Park Heights. The Developer shall dedicate F ` e City prior to approval of the final plat at no cost to the ty p pp p City all perman'ent and temporary easements necessary for the construction of such improvements as determined by the City. B. Contracts. All such construction contracts as awarded by the City of Oak Park Heights to construct the Plan B Improvements shall provide for a guarantee of the workmanship and materials for a period of one CO year following the completion of construction of the Plan B Improvements. All such contracts shall also conform to the ordinances and specifications of the City in the construction of all Plan B Improvements. F. Change Orders. No change order increasing the contract expense shall be authorized by the City without first notifying Developer of the change. G. Estimates. The above estimates are engineering projections only. Developer shall be responsible for all actual expenses incurred in the securing and installing of all Plan B Improvements. The method of calculation of such costs shall be as specified by the City Engineer. H. Connection Charges. All connection charges and fees shall be paid by Developer. The City Engineer shall comp the connection fee as prescribed by ordinance /resolution as to this e e opment and advise the City Clerk as to the appropriate fee to be co _ 41 ted. Connection fees for all Lots and Blocks are due and payable um e ec : on of this agreement and are as follows: Sanitary Sewer Water Storm Sewer 6. CASH ESCROW ACCOU1s1 to the City of Oak Park He ($22,000.00) to reimburse the City of relating to this development supervision expenses incurred completion as certified by the City to the Developer for its services in escrow funds on hand or bill for any (On the Haase Lands Acquired) $ 19,029.45 $ 33,105.60 $ 76,744.80 Developer shall provide a cash escrow account amount of Twenty-two Thousand Dollars vHei is for previous billed expenses a to City engineering and staff project completion. Following project ngineer, the City shall remit an itemized billing ision of this project and remit any excess ess charges over the escrow on hand. Bin dm 4Effect. The terms and provisions hereof shall be binding upon and inure the benefit of the heirs, representatives, successors and assigns of the pals hereto and shall be binding upon all future owners of all or any part ohe Subdivision and shall be deemed covenants running with the land..eferences herein to Developer, if there be more than one, shall mean y r and all of them. The Agreement, at the option of the City, shall be laced on record so as to give notice hereof to subsequent purchasers p g� q p sand encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developer. B. Final Plat Approval. The City has given final approval to the plat of the Subdivision (WAL -MART 2ND ADDITION) upon execution and delivery of this Agreement, and of all required documents and security, subject to compliance with the Ordinances of the City and terms and provisions hereof, permits may be issued by the City. Developer shall secure and provide proof to Lot combination to the City demonstrating the joinder into a single taxing parcel of the existing Wal-Mart Store parcel with the property now acquired by Developer from the Haase Trust for this project. C. Incorporation of Reference. All plans, special provisions, proposals, specifications and contracts for the improvements:. ` rnished and let pursuant to this A greement shall be and hereby are mead : as t.of this Agreement by reference as fully as if set out herein in , Specifically the following Planning Reports and Engineering files documentation approved by the City Planner and the City Engrn r are sp = f u cally incorporated by reference herein and included herein a if origin_: made part of this February 3, 2005 - Report of Northwest Associated Consu S, Inc., Oak Park Heights - Wal -Mart Expansion, Amended Conditional Use Permit, p 9 Sign Conditional Use Permit and Variance, Subdivision and Site PIan/Design Guidainss Review, File No 795.02 - 04.16. February 7, 2005 - P1 the City Engineer, Boric Amen 10 orm Water and Traffic Issues - Report of ,. osene & Associates. y. : =:_ . c Minutes of March 8, 200 1 D. 444' nended C .P Permit. :: e prCity of Oak Park Heights shall file the rmit of record in the office of the County Recorder. E. Adrninisrt e and Miscellaneous Expenses. As to any and all administratiV al or engineering costs which the Developer is expected to pay to the Cityak Park Heights, which costs may be offset against the Performance B.orid which the Developer has filed and provided to the City of Oak Park Heights, the Developer shall be given the opportunity to review and comment on such costs prior to the application by the City of Oak Park Heights to the bonding company for the payment of same. Should the Developer dispute the reasonableness of any of the City's charges, Developer shall have the right to submit any such dispute to arbitration at Developer's sole and exclusive expense. Arbitration shall be conducted by the American Arbitration Association and shall be initiated and paid for by Developer. F. Establishment of Construction Schedules. The City Engineer shall establish construction schedules for Plan A and Plan B Improvements and shall consult with Developer prior to establishing same. G. Zoning. (WAL -MART 2ND ADDITION) Addition has been designated a zoning classification of B-2 by the City Council. All future use and development shall comply with the applicable provisions of the relevant zoning ordinance of the City of Oak Park Heights relating thereto. In addition thereto, the City Council has imposed the following requirements: • Amended conditional use permit to allow open and outdoor sales and outdoor storage (includes seasonal garden center, temporary semi and shipping container storage, and remote drive-through pharmacy). • Subdivision/Lot Combination • Sign Conditional Use Pe variance. • Site PlanlDesign Guide h s Review. All subject to the following condign J g 1 ] The final plat and all require approval of the City Engineer. 4 ements shall be subject to review and approval of the City Engin = TA- �d City Attorney. 2) All access to Norell Avenue sha e subject to review and shall be no drive entrance to the applicant's land extending from the cul -de -sac terminus of Novak Avenue North ( as ed to be built as art o f this project). . Rather the driveway p J ] y be extended due west from the cul -de -sac terminus of i = h to th applicant's property. The pp applicant sh :hen exten. sidewalk/pathway east from the front of its store s� to t ten boundary line in a manner approved by the City oh s - rY pp y y Plannei A plan for a crosswalk on Norell Avenue and sidewalk access to the front of the Wal-Mart store shall be provided by the applicant subject to review and approval of the City Engineer. 5) All parking shall comply with the minimum dimensional standards of the Zoning Ordinance subject to review and approval of the City. 6) All lighting shall comply with the minimal standards of the Zoning Ordinance for height, type of fixture, and foot candle levels. 7) The landscape plan is subject to review and approval of the City Arborist. 8) The applicant shall provide the proposed eight (8) foot wood fence and landscaping to fully screen the truck loading and outdoor storage area subject to review and approval of the City. 9) Wheeled semi - trailers shall not be stod' on-site. Exterior storage shall be limited to shipping contact within the designated area as approved by the City. 10) The grading, drainage and eros�son contra =k „ns are subject to review and approval by the City Engineer and cable watershed pp y Y ,, district. 11) The utility plans are subject to review and approSal of the City Engineer. 12) The front el;` �SY from the all`o:. changed to reap red in color, u signage. 12 CC 13) No signage shall be than directional an Zoning Ordinance. ign that reads "We Sell For Less" be removed w. age. The "Low Prices" sign shall be etas' r ti �i r " The `Liquor" sign shall not be be a consistent with the other wall awed on the south building elevation other nformational signage as allowed in the One freestanding monument sign shall be allowed on -site that shall be conforming with all provisions of the Zoning Ordinance. The existing pylon sign shall be removed. 15) ii trash/recycling activities shall be totally contained within the building or enclosures. There will be no outside dumpster storage. g p Trash and recycling material pickup shall be limited to the hours between 7 :00 a.m. and 9:00 p.m. The City Council reserves the right of future review and modification to all trash, recycling and trash compactor issues ■ 16) The applicant shall provide adequate screening, subject to review and approval of the City, of all roof mechanical equipment. The roof equipment shall be painted to match the facade colors. 17) The Planning Commission is favorable to the proposed building architecture, materials selection, and colors and the City Council hereby finds the design consistent with the City's Design Guidelines. 18) The area identified on the submitted site plan as "gas lease area" shall be deleted and replaced with gra;: and landscaping. An Amended Conditional Use Permit wit 4F re ::ed site p lan will need to be applied for and approved by y '. it Council before allowing any automotive fuel station ope +n t e site. 19) All automobile repair activities shall be principal structure and the doors to the servic M a closed except when vehicles are being moved it p g areas. 20) There shall be no exterior storage of automobile parts, parked cars, or related items on the site, but used batteries may be stored as per MP CA guidelines in an outside enclosure as shown on the site plans. All other storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order d properly licensed. r ise created from automotive repair operations on the site shall e in conformance with Section 401.153.11 of the Zoning .. No outdoor speaker systems for the automotive repair a: cratio : h b I owed. 22) The yw scant shall receive and retain, if required, a Hazardous Wasterenerators License for batteries, oil and tires from r.. 3 Washing on County for the Tire and Lube Express. 23) The Tire and Lube Express operation may not accept new customers for service between the hours of 10:00 p.m. and 6:00 a.m. 24) The applicant shall provide battery and oil recycling programs as part of the Tire and Lube Express for small volume generators. 25) A condition of this approval is that the Applicant enter into a Development Agreement as prepared by the City Attorney and approved by the City Administrator containing provisions including, but not limited to, the construction and placement of 13 cs 'ted to within the s shall be kept of service duly executed on the date and year first above written. financial security for site improvements, payment of city connection and park dedication fees, placement of financial security and requirements for extension and construction of City utilities for the site and related water sanitary sewer and storm sewer improvements. H. Street Grades. The grades of all streets shall not exceed eight percent (8 %) and the minimum grade shall not be less than one -half percent (.5%). Handicapped Parking. Location of disability/handicapped stalls shall be made more efficient with regard to serving all of the areas of the proposed . All eighteen (18) disabili facilit t s currentl shown as oriented to the y g � currently north half of the arkin lot ditl across from the grocery store will be p g �:Y . y � rY redistributed throughout the 'ent re parki : • complex to provide reasonable handicapped access throu o e reta ;. =enter. The applicant will be required to advise the site plan to � , at minimum, four 4 disability stalls in the southern half of the lot across from the retail strip P center. IN WITNESS WHEREOF, the City and Developer hav a sed this Agreement to be In the presence of: CITY OF OAK PARK HEIGHTS By David Beaudet Mayor Eric Johnson Administrator In the presence of: WALMA R.T STORES INC. By Its By Its In the presence of: STATE OF MINNESOTA COUNTY OF WASHINGTON) f ss. On this day of , 2005, before me a Notary Public, within and for said County, personally app eared D avid B eau et and Eric Johnson, t each by me duly sworn did say that they are respectively the Mayo City of Oak Park Heights, the municipal corporation named in t the seal affixed to said instrument is the corporate seal of said e was signed and sealed on behalf of said municipal co oration : aut p � said Mayor and Administrator acknowledged said instrument t s b e municipal corporation. SS. COUNTY OF WASHINGTON) STATE OF MINNESOTA THIS INSTRUME r� ._ WAS RAFTED BY: Mark J. Vierling Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439 -2878 0 Notary Public Notary Public Ill ~ •ersonally known, being Administrator of the regoing instrument; and that and that said instrument tho • f its City Council and the . act and deed of said On this day of �`05 be x y �� ■ �:�- � a Notary Public, within and for said County, personally appeared 4 ;� and to me personally known, being each by me duly sworn did say that they are respectively the and of W,,,, named in the foregoing instrument; and that the seal affixed to a d instrument is the corporate seal of said g � corporation a, %snid instrument was signed and sealed on behalf of said municipal corporation by autho t .::. of Directors and said and ackno a ged said ins tir t to be the free act and deed of said municipal corporation, Lot 3, Block 1, WAL-MART ADDITION, according to the unrecorded plat thereof, files of the Registrar of Titles, Washington County, Minnesota, except that part of said Lot 3 lying west and north of the following described line: AND Commencing at the northwest comer of said Lot 3; thence o South 89 degrees 39 minutes 42 seconds East, along t or F e of said Lot 3, a distance of 32.89 feet to the point of beginning; thence south 0 a ° u ees 41 minutes 33 seconds West 48.66 feet; thence North 89 de . 3 :- minutes 2 r cconds West - section o f the westerly 1 H of said Lot 3, and sat 2.68 feet to the intersection y e there terminating. y r That part of Lot 2, Block 1, WAL -MART ADDITION actor ;_y o the recorded plat thereof, files of the Registrar of Titles, Washington County, Minnesota, descnb fo Tows: Commencing at the northeast corner of said Lot 2, thence < n an assumed bearing South 01 degree 52 mintjtes 03 seconds East, along the east line of said Lot 2, a distance of 18.48ff 22 seconds W4 / 70.05 50.00 feet; henceforth South 01 degree 35 minutes 55 secon distant 80.00 feet west said line 80.00 feet to the sout east line of said Lot 2, a distance 270.54 feet to the point of beginning. ,point of beginning; thence North 89 degrees 38 minutes thence South 01 degree 52 minutes 03 seconds East 8 egrees 07 minutes 57 seconds East 25.00 feet; thence y -XtS1 conds East 150.00 feet; thence South 24 degrees o a point on the south line of said Lot 2 AND Lot 4, Block 1, WAL -MART ADDITION AND OUTLOT A, HAASE ADDITION EXHIBIT "A" LEGAL DESCRIPTION assumed bearing of southeast corner of said Lot 2; thence easterly along astcomer of said Lot 2; thence northerly along the File No.: CITY OF OAK PARK HEIGHTS AMENDED CONDITIONAL USE PERMIT FOR OVAL MART STORES, INC. Legal Description: (Washington County Geo. Code 05.29.2 r 34 and `:0.20.12.0033. Lot 3, Block 1, WAL -MART ADDITION, according to the unrecorded p hereo p iles of the Registrar of Titles, Washington County, Minnesota, except that part of said Lot 3 lying west an AND AND Date Issued: March 9, 2005 the following described line: Commencing at the northwest corner of said Lot 3; thence on any g y sumed bearing of South 89 degrees 39 minutes 42 seconds East, along the north line of said Lot 3, a distance of 32.89 feet to the point of beginning; thence South 07 degrees 41 minutes 33 seconds West 48.66 feet; thence North 89 degrees 38 minute conds West 26.68 feet to the intersection of the westerly line of said Lot 3, and said line there terniifia That part of Lot 2, Block 1, WAL R`T ADDITION according to the recorded plat thereof, files of the Registrar of Titles, Washington County, Minresrt., described as follows: Commencing at the northeast corn r of said Lot 2, thence on an assumed bearing South 01 degree 52 minutes 03 seconds East, alorigihe east line of said Lot 2, a distance of 18.48 feet to the point of beginning; thence North 89 degrees 38 minutes 22 seconds West 70.05 feet; thence South 01 degree 52 minutes 03 seconds East 50.00 feet; thence North 88 degrees 07 minutes 57 seconds East 25.00 feet; thence South 01 degree 52 minutes 03 seconds East 150.00 feet; thence South 24 degrees 35 minutes 55 seconds West 78.40 feet to a point on the south line of said Lot 2 distant 80.00 feet west of the southeast corner of said Lot 2; thence easterly along said line 80.00 feet to the southeast comer of said Lot 2; thence northerly along the east line of said Lot 2, a distance of 270.54 feet to the point of beginning. Lot 4, Block 1, WAL -MART ADDITION • Y ; .,;4: 1 OUTLOT A, HAAS E ADDITION Owner: Wal -Mart Stores, Inc 1 Hasse Trust Address: SWDC -- 702 S.W. 8TH ST Bentonville, Arkansas 72712 Site Address: 5815 Norell Ave No. Oak Park Heights, MN 55082 Present Zoning District: B -2 Permitted uses set forth in Ordinance 401 Section 30 E I. CONDITIONAL USE PERMIT FOR tdoor sales and Storage All uses shall be subject to the following co' r is s ` rg tri.,ctions imposed by the City Council of the City of Oak Park Heights. General Description: 1. Wal -Mart Stores, Inc. ha sought an amendment to their conditional use permit to open and outdoor" sales and outdoor sto (includes seasonal arden center, tem ora permit to allow op garden temporary semi fir and shipping container storage, and remote drive- tbroug pharmacy) The following conditions were imposed as part of the permit granted. 2 � 1 ' The final plat and all required easements shall be subject to review and approval the City Engineer and City Attorney. 2) A1`1 access to Norell Avenue shall be subject to review and approval of the City Enleer. g f l` ere shall be no drive entrance to the applicant's land extending south from the cul -de -sac terminus of Novak Avenue North (as projected to be built as part of this project). Rather, the driveway access shall be extended due west from the cul -de -sac terminus of Novak Avenue North to the applicant's property. The applicant shall then extend sidewalk/pathway east from the front of its store to the eastern boundary line in a manner approved by the City Planner. 4) A plan for a crosswalk on Norell Avenue and sidewalk access to the front of the Wal -Mart store shall be provided by the applicant subject to review and approval of the City Engineer. 5) All parking shall comply with the minimum dimensional standards of the Zoning Ordinance subject to review and approval of the City. 6) All lighting shall comply with the minimal standards of the Zoning Ordinance for height, type of fixture, and foot candle levels. 7) The landscape plan is subject to review and approval of the City Arborist. 8) The applicant shall provide the pro o eight (8) foot wood fence and landscaping to fully screen the truck ac n �' .nd outdoor storage area subject to review and approval of the City. 6 9) Wheeled semi - trailers shall n 1 h e Exterior storage shall be limited to shipping containers within the des area as approved by the City. 10 The grading, drainage and erosion con :. pl . are subject to review and approval oval b the City Engineer and applicable shed district. pp by Y g pp 11) The utility plans are subject to review and approval of the City Engineer. 12) The front elevation sign that reads "We Sell For Less" be removed from the allowable 'gnage. The "Low Prices" sign shall be changed to read "Retail 'ter." The "Liquor" sign shall not be red in color, but shall be a color onsistent with the other wall signage. gna e. g Igogr ae```s e F Yored on the south building elevation other than directional and in l mational signage as allowed in the Zoning Ordinance. 4 w. v 14) One freest monument sign shall be allowed on -site that shall be conforming with all provisions of the Zoning Ordinance. The existin g pylon sign shall be removed. 15) All trash/recycling activities shall be totally contained within the building or enclosures. There will be no outside dumpster storage. Trash and recycling material pickup shall be limited to the hours between 7:00 a.m. and 9:00 p.m. The City Council reserves the right of future review and modification to all trash, recycling and trash compactor issues. 16) The applicant shall provide adequate screening, subject to review and approval of the City, of all roof mechanical equipment. The roof equipment shall be painte' to match the facade colors. 17) The Planning Commission is favorable to the proposed building architecture, materials selection, and colors and the City Council hereby finds the design consistent with the City's Design Guidelines. 18) The area identified on the submitted site plan as "gas lease area" shall be deleted and replaced with grass and landscaping. An Amended Conditional Use Permit with a revised site plan will need to be applied for and approved by the City Council before allowing any automotive fuel station operations on the site. 19) All automobile repair activities shall be limited to within the principal structure the doors to the service bays shall . and �' t closed except when vehicles are � being moved in or out of service area 20) There shall be no exterior stogy, items on the site, but used b a erli outside enclosure as shown on the sit the building. Any cars to be stored outs: order and properly licensed. 23 4 �y1 utom bile parts, parked cars, or related ored as per MPCA guidelines in an s .. All other storage shall be internal to - of the building shall be in full working 21) All noise created from automotive rep air :Y perations on the site shall be in ance with Section 401.15 .B.11 of the Zonin confornn Zoning Ordinance. No outdoor speaker systems for the automotive repair operation shall be allowed. c' L 22) The ''' ica p. shall receive and retain, if required, a Hazardous Waste Generators �, ense for tteries, oil and tires from Washington County for the Tire and Lube , xpress. s_' 9 �ai is •.,$ \v' `�, \':..,;': �� ::;. �•r� ? ��. ; `•: .. �: f. �'�Y'� -lip: "c5 express operation may not accept new customers for service b etw e the hours of 10:00 p.m. and 6:00 a.m. 24) The applic z all provide battery and oil recycling programs as part of the Tire and Lube x cress for small volume generators. 25) A condition of this approval is that the Applicant enter into a Development Agreement as prepared by the City Attorney and approved by the City Administrator containing provisions including, but not limited to, the construction and placement of financial security for site improvements, payment of city connection and park dedication fees, placement of financial security and requirements for extension and construction of City utilities for the site and related water sanitary sewer and storm sewer improvements. 1. Except as otherwise provided herein the terms and provisions of the existing Conditional Use Permits for Wal-Mart Stores, Inc shall remain in full force and effect. II. ADDITIONAL RESTRICTIONS AND PROVISIONS. The following additional restrictions and provisions being part of the Conditional Use Permit to be issued herein affecting the following matters shall be: Iu. Reference Attachment: Site Plan IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHT Date: By David Beaudet Mayor Date: By Its 5 c John n City Administrator WAL -MART STORES INC.