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RES 1992-65 - 00003510RESOLUTION NO. 65 - 1992 ' A RESOLUTION APPROVING PLAT, P.B. #92 -05, MAL -MART IN FRIDLEY 1 175 WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #92 -05, on July 8, 1992 and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their August 3 and 17, 1992 Council meetings and approved the Plat at their September 8, 1992 meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #92 -05, Wal -Mart in Fridley, with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by McCombs Frank Roos Associates, Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF SEPTEMBER, 1992. WILLIAM J NEE - MAYOR ATTEST: SHIRLEY A. AAPALA - 'ITY CLERK 176 Resolution No. 65 -1992 ' Exhibit A 1. The petitioner shall submit an irrevocable letter of credit in the amount of $60,000 prior to issuance of a building permit to insure compliance with the following stipulations. Said letter of credit shall remain in effect for a two year period following the issuance of the certificate of occupancy. If a claim is made that the petitioner has failed to comply with any of the following stipulations, the City administration shall notify the petitioner in writing. Said notice shall describe the lack of compliance and notify the petitioner as to how to remedy the noncompliance. If the petitioner disagrees with the fact of noncompliance or the proposed remedy, it may request a hearing before the City Council. After the hearing, the City Council shall make findings of fact. If the City Council finds that the petitioner is not in compliance with one or more of the stipulations, it shall order the petitioner to remedy the deficiency. If the petitioner is not in agreement with the City Council's findings, it may demand arbitration of the dispute within ten days after receiving a copy of the City Council's order. Arbitration shall be under the rules of the American Arbitration Association. The above letter of credit shall provide that the City may draw upon the letter of credit ' to implement the City Council's order or the arbitration award. 2. Underground irrigation shall be installed. 3. The petitioner shall install a six foot high screening fence along the common property line between the subject parcel and the apartments to the west. 4. The on -site wetland mitigation area shall be expanded to 2.67 acres to meet the 1:1 replacement required by the 1991 Wetland Conservation Act. 5. The petitioner shall execute and record against the property a maintenance agreement which states that Wal -Mart, Inc. shall be responsible for maintaining all detention and wetland areas on the subject parcel. 6. The petitioner shall install baffle weirs on the detention inlets in order to screen floatables from storm water entering the detention ponds. 7. A final drainage plan shall be submitted to and approved by staff prior to the issuance of a building permit. ' 8. A park dedication fee of $29,164.73 shall be paid prior to building permit issuance. 1 1 177 Resolution No. 65 -1992 Exhibit A Page 2 9. The existing billboards on the site shall be removed prior to issuance of a certificate of occupancy. 10. The row of light standards nearest the west property line shall be installed with shields to prevent points of light from being seen from the nature center and Springbrook Apartment site. Further, the remaining standards should be evaluated after one full winter season and screened, if found objectionable. 11. The petitioner shall comply with all Anoka County requirements for on -site construction of the intersection at County Road 132 (85th Avenue) and as stipulated in the letter dated June 28, 1992. Further, Wal -Mart shall pay the City of Fridley's share of the costs assessed by the County for installation of a signal at 85th Avenue and the frontage road. 12. The normal pond elevation in the northwest corner of the site shall be established at 872 feet and the parking lot redesigned to facilitate maintaining that level. 13. Wal -Mart shall cooperate in resolving any future problems resulting from water table changes on the nature center that are caused by its detention pond elevation during drought conditions. 14. Wal -Mart shall install two piezometer measuring devices on Nature Center property to monitor ground water elevations adjacent to Wal- Mart's storm water detention pond. 15. Wal -Mart shall pay for the costs to conduct water quality tests as determined by the Nature Center Director on the following dates: A. Prior to building construction in September or October of 1992 B. June 1993 C. September 1993 D. April 1994 E. September 1994 F. April 1995 I 16. Wal -Mart shall preserve as many larger oaks as possible on the property in coordination with the City Naturalist. 178 Resolution No. 65 -1992 ' Exhibit A Page 3 17. Lighting and cross section plans shall be submitted in conjunction with the building permit application for Lot 1, Block 2, and shall be reviewed by the Springbrook Nature Center Foundation. 18. Wal -Mart shall agree to pay its pro rata share of costs for the installation of a signal at 83rd Avenue. 19. The blue and red stripes shall be applied to all sides of the building. 20. Construction work on the Wal -Mart store should not commence until 7:00 a.m.