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2003.04.08 PACKET
CITY OF COTTAGE GROVE w ECONOMIC DEVELOPMENT AUTHORITY AGENDA APRIL 8, 2003 7:30 A.M. 1. Call to Order 2. Roll Call 3. Approval of March 11, 2003 Minutes 4. Business Items A. Project Updates • B. Gateway North Development District: Various Actions C. River Oaks/EDA Joint Venture D. EDA Enabling Resolution E. Calendar F. Business Subsidies Criteria 5. Miscellaneous Business Items A. Hamlet Park/Industrial Park Proposal B. Interceptor Information/East Ravine Master Planning C. Sign Ordinance Amendments (Planning Commission action) D. Neighborhood Business District Zoning (Planning Commission Action) E. Military Road and Harkness Road Closures • F. EDA Bylaws (Distribution) 6. Adjourn • Next Meeting Date:May 13, 2003 G:\Economic Development\E D A\Agendas\2003\April 8 Reguiar.doc • CITY OF COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY MINUTES March 11, 2003 Pursuant to due call and notice thereof, a regular meeting of the Economic Development Authority was held at City Hall, 7516 80th Street South, Cottage Grove, Minnesota on the 11th day of March 2003. CALL TO ORDER The meeting was called to order at 7:30 a.m. by EDA President Wolcott. ROLL CALL • Members Present: Jim Wolcott, EDA President Sandy Shiely, EDA Vice-President Mike Wennen, Authority Member Gerry Weingartner, Authority Member Glen Kleven, Authority Member Dick Pederson, Authority Member Members Absent: Others Present: Ryan Schroeder, City Administrator Michelle Wolfe, Assistant City Administrator Nancy Hanzlik, City Engineer Scott Johnson, Management Analyst APPROVAL OF MINUTES Authority Member Glen Kleven moved to approve the February 11, 2003 EDA Minutes. Gerry Weingartner seconded the motion and the Motion carried unanimously. PROJECT UPDATES The City has received one new inquiry for a warehouse/indoor storage development, but staff has received little information on this project. Staff is currently trying to clean up the • active list by removing any projects that are not moving forward. The Keewaydin project Economic Development Authority- Minutes March 11, 2003 • Page 2 is still moving a head. Site selection for this project is scheduled to take place this summer. The ground breaking ceremony for Schmid and Son will take place in April. GATEWAY NORTH The City is moving forward with a purchase agreement for the 1501 Partnership/Burnet Realty property. Negotiations continue on the Ruvelson property. The latest appraised value on the property is $96,000. Staff is waiting for feedback on the latest proposal. Demolition for the Kohls project will be completed by Arcon Construction. They were the lowest bidder at $38,740. Council recently approved the 1501 Partnerships land swap of 20,000 sf for 17,004 sf. Significant grading will be necessary for this project. The entrance for the building will be moved 550 feet to Hardwood Court. The landscaping for this project will be paid for by the City. The current pylon sign will be removed and replaced with a monument sign and two small directional and entry signs. The 1501 Partnership is also receiving 40 parking stalls. The total cost of the project will be $94,000. Glen Kleven asked why they were expanding to 40 parking spaces. Ryan Schroeder explained that parking is tight at peak times of the day and they may want to expand in the future. Jim Wolcott asked if the Jensen property would have a face on the monument sign. Mr. Schroeder informed Mr. Wolcott that they would not have a face on the sign, but there will be a directional sign at • the corner for Burnet. The signs will have a low profile of 7 to 8 feet tall. Mr. Wolcott asked Mr. Schroeder if the Arcon bid will be helpful with time constraints because they will also be constructing the project. Ryan Schroeder said that the project all begin on or about April 1St even if another company handled the demolition for the project. Jim Wolcott wanted to know if there would be any access issues with the project. Mr. Schroeder said they will need to close the access to Burnet Realty for three consecutive nights to get the road work completed, but the tenants of the building are open to this because of the site improvements. Glen Kleven made a motion to ratify the purchase agreement between the City and the 1501 Partnership. Dick Pederson seconded the motion and the motion carried unanimously. Gerry Weingartner made a motion to approve the contract with Arcon Construction for the demolition work for the Kohls project. Mike Wennen seconded the motion and the motion carried unanimously. Dick Pederson made a motion to approve plan A for the Grove Plaza facade. Mayor Shiely seconded the motion and the motion carried unanimously. OAKWOOD COMMERCIAL SITES Ryan Schroeder received a quote from Kathy Anderson of KKE to develop a site plan drawing for the Oakwood Commercial site. He also discussed the template for the • Economic Development Authority- Minutes • March 11, 2003 Page 3 purchase agreement for this property. Jim Wolcott mentioned that he would like to have wording in the contract so all of the signs would be uniform. Glen Kleven gave the example of brass letters on brick buildings that are used in Woodbury. Mayor Shiely agreed that continuity of the signs should be the goal. Glen Kleven did not think this would be fair because how do you compare a larger store sign to a smaller store sign? A 2 1/2 foot band is allowed to go around the top of the building for signs. Gerry Weingartner mentioned that most signs are trademarks for companies and they rarely change their signs. Dick Pederson thought it would be impossible to decide signs on a case by case situation. Jim Wolcott disagreed because he thinks the sign asthetics should be better in the Gateway. He gave the example of McDonald's signs in each city conform to the codes. Glen Kleven wanted to know why the City started in the middle of the project. Mr. Wolcott admitted that it should have been done earlier, but it was not discussed. Mr. Weingartner wanted to know how we could require smaller signs for new businesses. Mayor Shiely brought up the example of the Home Depot in St. Louis Park. The building was all brick and in accordance with the city code. She also said that the west suburban businesses and malls have minimal signs. Mayor Shiely thought it would be a good idea to review signs individually. Ryan Schroeder agreed with Mayor Shiely that the signs could be looked at individually to keep continuity. Mr. Schroeder thought that the Gateway is the best place to start with sign regulations. Glen Kleven disagreed • because many of the projects are underway. Next, the EDA addressed section 3D of the purchase agreement. This section requires building renderings and a list of the building materials that will be used in the project. Council approval needs to be gained for the renderings and materials. Approval for the project can be withheld,. Ryan Schroeder explained that if the city enters into a purchase agreement, then the renderings are needed within 60 days. Council has authority to deny or withhold approval. Mayor Shiely asked about the architectural guidelines for the purchase agreement. She thought that stronger language (shall, must, or shall be) was needed to require streetscape on the project. Glen Kleven made a motion to accept the purchase agreement with the proposed changes. Gerry Weingartner seconded the motion Mayor Shiely wanted to spend more time on the architectural guidelines and think more in depth about the purchase agreement. There is no urgency to sell the property at this moment. The EDA tabled the motion until the April meeting. Glen Kleven thought that paragraph D of the purchase agreement should be switched because some of the businesses may need to put their signs on the back side of the building because of poor frontage. Mr. Schroeder will fix the language in the purchase agreement. • Next, the EDA discussed the site plan for the Oakwood Park site. Mr. Schroeder informed the EDA members that the property is not configured for one single 35,000 sf or larger user. Property depth is a concern for any project on this site. The property could Economic Development Authority- Minutes • March 11, 2003 Page 4 accommodate for example, a strip mall with a restaurant/bank anchor tenant. Ryan Schroeder thought it would be an underutilization of the space to have only one sit down restaurant or store on the site. More tenants on the site would help create synergy in the Gateway district. A buyer needs to understand that a larger sit down restaurant needs to be a part of the project. Mayor Shiely commented that Applebee's is always full and the City could use another sit down restaurant. Jim Wolcott wanted to know if the parcel down the road from the Oakwood Park parcel could hold a restaurant. Mr. Schroeder said the parcel is 2.5 acres and it could accommodate a restaurant. He further explained that a strip mall would be able to accommodate the other users the EDA would like to attract. Mayor Shiely thought the City was trying to attract this type of development with previous strip malls that were built. The strip malls did not attract the businesses the EDA wanted. Mayor Shiely wants to attract a large sit down restaurant with a liquor license, but does not think it will happen if the City gives control to a developer. Mike Wennen suggested developing the site ourselves. Jim Wolcott thought the EDA needs to look at the whole area and not just the Oakwood Park sites. Glen Kleven thought Grove Plaza would be a good area to attract a sit down restaurant with a liquor license. He thought the City should write letters to attract restaurants. Ryan Schroeder thought the EDA should put a provision in the purchase agreement that states the EDA and Council need to approve the initial tenants for the Oakwood Park development. He also said this will make the buyer nervous and they will need to follow the guidelines to complete the purchase agreement. Mike Wennen also thought the City should work with • a developer to get what we want. Jim Wolcott thought staff should include in the purchase agreement what the City does want. Mr. Wolcott asked if there would be any interest for this type of project with the current economic situation. Ryan Schroeder said that retail is still strong. Mayor Shiely commented that the city needs to bring in desired users for this project. She used the example of bringing Target to Cottage Grove. Dick Pederson mentioned that 23,000 residents wrote letters to Target to get a store in Cottage Grove. He thought a similar campaign would work for a sit down restaurant. Ryan Schroeder said that the purchase agreement with a developer would accomplish the same task because they would do their own campaign. Mayor Shiely mentioned that a letter writing campaign would cause no harm. Michelle Wolfe mentioned that having a developer do the work would save the City resources and a developer would know who is expanding. Mayor Shiely thought that a developer would not know and understand Cottage Grove and the letters should be written by citizens. Jim Wolcott thought a presentation from the three developers who are currently interested in the site would be the best place to start. Mr. Wolcott also mentioned that EDA members all have different wants and concerns about the Oakwood Park site. He mentioned that his biggest concerns were good asthetics and creating tax base through the project. Also, he mentioned that a developer would have expertise on what type of project could make it at that site. Ryan Schroeder mentioned that a list of desirable restaurants would help a developer. Mike Wennen thought it would be a good idea to meet with a developer and find out if the site will work for the development the City wants. He also said the City should hold on to the property if we cannot find a developer • who will build what is needed in the community. Mr. Schroeder thought it would be a good idea to amend the purchase agreement to include an appendix of wanted Economic Development Authority- Minutes • March 11, 2003 Page 5 restaurants for the anchor. He also asked the EDA if they would like to proceed with the drawing from KKE. Glen Kleven did not think it was needed because the developers will submit what they want on the site. Jim Wolcott asked what benefit the EDA would receive by having a drawing of the site. Ryan Schroeder said the City would be able to tell developers what they like and want on the site. Mr. Kleven thought this would be a waste of money because the developer should pay for the site drawing. Mr. Schroeder thought this would be a good idea because it would give the developer direction on the project. Mike Wennen wanted to know if the EDA could give the developers direction without the sketch. He would like to see the different ideas from the developers. Jim Wolcott said that it would be a mistake to have the City react to the developer's ideas. The City needs to be proactive and bring the developers in for presentations. Mayor Shiely and Mr. Wolcott thought the concept drawing would give developers a start. Ryan Schroeder said the first developer's project will not work on the site and the second developer does not understand the market. He proposed that the EDA listen to a presentation from the third developer. Mr. Schroeder will try to bring the developer in for a presentation at the April meeting. EDA ENABLING RESOLUTION • Michelle Wolfe explained to the EDA that the current membership is for seven members (2 members must be Council Members). There is nothing included on the residency requirements or owner/operator requirements. Glen Kleven thought that there should be P language that states "shall be owner/operator/employed by or be a resident." Michelle Wolfe asked if they should include employees of companies that conduct business in Cottage Grove. Jim Wolcott thought the language was too broad. Mike Wennen and other EDA members agreed that Mr. Kleven's proposed language would be sufficient. Michelle Wolfe will make the corrections to the EDA Enabling Resolution for the April meeting. MISC Glen Kleven thought it would be a good idea to recognize Fred Luden for his years of service on the EDA. Staff will put together a certificate of appreciation for Mr. Luden. EDA VACANCY/CHAMBER INFORMATION Mike Wennen will put information on the EDA vacancy in the Chamber Newsletter. Applicants will need to submit a resume and application to the EDA. Applicants must live or work in Cottage Grove. The Chamber Business luncheon for March has been cancelled. Mike Veeck, former owner of the St. Paul Saints, will be the featured speaker at the spring meeting. S Economic Development Authority- Minutes • March 11, 2003 Page 6 ADJOURN The EDA adjourned at 9:45 a.m. Respectfully submitted, �1L/ Scott Johnson Management Analyst • • City of Cottage Grove • Memo To: Economic Development Authority Members From: Michelle Wolfe, Assistant City Administrator r� ^ Date: 4/2/2003 \\ Re: Project Updates Attached is the list of active projects. Staff will provide a verbal update regarding all current active leads at the meeting. Since the March meeting we received two new inquiries. One was for a restaurant specifically interested in the Oakwood sites. The other is a manufacturing company that needs to expand. They are currently evaluating • whether to expand at their current location or build new. It would be a 90,000 square foot project. A proposal and information was sent out on April 1. The Administrative Review for the Schmid Packaging project is included in your packet for information. Plans are underway for a groundbreaking ceremony and information will be forwarded to you as plans proceed. Attachment • G:\Economic Development\E D A\Documents\2003\April Proj Update.doc ACTIVE LEADS QUERY EDA PACKET 4/2/2003 Proposal ID Project Description SF/Acres Needed • ED-00-31 Grove Plaza NA ED-00-64 Manufacturing/Distribution 8-10 acres ED-01-001 90,000 SF Retail 90,000 ED-01-002 Manufacturing ED-01-006 Re- Development ED-01-010 Restaurant#2 ED-01-021 Remodel ED-01-030 Distribution 25-30 acres ED-01-032 Distribution 400,000 SF distribution center ED-01-034 Distribution Center 9 acres ED-01-037 Multi-tenant Industrial 80,000- 100,000 SF ED-01-038 Commercial 40,000- 50,000 SF ED-02-004 Office 2 acres ED-02-007 Restaurant ED-02-008 Manufacturing ED-02-009 Steel Fabricator 20,000 SF ED-02-013 Office ED-02-015 Remodel ED-02-016 Bank ED-02-017 Bank ED-02-018 Manufacturer 30 acres ED-02-020 Light Industrial 2-3 acres ED-02-021 Retail 75,000- 100,000 sf retail • ED-02-023 Restaurant ED-02-025 Office/Warehouse ED-02-026 Biotech ED-02-027 Redevelopment ED-02-028 Commercial ED-02-029 Manufacturing ED-02-030 Commercial ED-02-031 Commercial ED-02-032 Restaurant ED-02-033 Restaurant ED-02-034 Restaurant ED-02-035 Multi-tenant Office/Warehou 20-30 acres ED-02-036 Restaurant 3,500-5,000 SF ED-02-037 Truck Repair 40,000 to 50,000 SF on 4-6 acres ED-02-038 Restaurant ED-02-039 Restaurant ED-02-040 Mixed-use 50 -300 acres ED-02-041 Commercial ED-02-042 Industrial 10 acres/80,000 SF ED-02-043 Industrial 250,000 to 300,000 sf ED-02-044 Industrial 3-4 acres ED-02-045 Light Manufacturing 3-4 acres ED-02-046 Industrial 2 acres • Page 1 ACTIVE LEADS QUERY EDA PACKET 4/2/2003 • Proposal ID Project Description SF/Acres Needed ED-02-047 Redevelopment Commercial ED-03-001 Light Manufacturing ED-03-002 Manufacturing 30,000 sf facility ED-03-003 Manufacturing 2 acres ED-03-004 Light Manufacturing 10,000 sf ED-03-005 Warehouse/Indoor Storage ED-03-006 Manufacturing 7.25 acres/90,000 sf ED-03-007 Restaurant • • Page 2 (MAI City of Cottage Grove Community Development Department IV!e m o • TO: Planning Commission Members FROM: John McCool, Senior Planner DATE: March 19, 2003 RE: Schmid Packaging—Administrative Review Schmid Packaging is a warehouse/manufacturing business relocating from Eagan. They have begun construction of their facility on a 2.83-acre parcel of land located at 7699 — 95th Street. The total gross floor area of their one-story building is 35,016 square feet. The office area occupies 2,665 square feet, warehousing 11,340 square feet, and manufacturing 21,011 square feet. There are 49 parking spaces provided on site with the ability to provide another 26 parking spaces if needed in the future. As allowed in Title 11-2-4 of the City Code, planning staff reviewed the Schmid Packaging development plan and found it in compliance with all minimum development 411 standards of the 1-2, General Industry District. Because no variances or conditional use permits were needed, formal review by the Planning Commission and/or City Council is not required. City staff did require a few minor changes, and a revised development plan was submitted with the building permit application. A copy of the development plan is attached. The City issued a Grading Permit and Right-of-Way Permit for this project on March 14, 2003. The construction contractor mobilized their equipment to the site on March 17 and have been grading on the site since then. A building permit will probably be issued on March 20 or 21. • • LOCATION MAP • -yL, '1 ore, Ma „� eti �,ee�e a 7 --\ -,,,,,p. -,-* ,:.„4-1 ,4;,,,, � ,woo n;7 `iY `�1 nn :IDE ROM 1:311.1 I 4 14 t 'w 1 40" 1\' _'0000 1 I FrP;s:J e an i i !!! _ -e4 10 • N.:, S00 Automarshalling Yard 0250 Nfl 0130 ' Allied • 44 r te„\ • Truckings ' El _ P q.,Mlig�^�+ g USPS Annex Up North Plastics"40 ��•!1 1 75,57523 j7rg. 2.03® Tan 5 A ,evm �H7y�,�� '77 \ i3 v �'y E FiA artirM,11', 4IIIIII "' 74314111101 I Schmid Packa•in• AGCO gliUnag 7� ®Advance Corp. ,'�,�;� � ���- Tradehome Sh•-limiessasa itl, .,49 ® il74 V 0'., RR.ifgon, 0507 . iii 111=9- =f v* 41 ie7, N 1 t 500 0 500 1000 Feet 47.7 ' 1 S • CONCRETE APRON TO BE CONSTRUCTED p•95th STREET SOUTH •T To aTY STANDARDS STOP SIGN SEE DETAIL .. 7/Al 1 r • t 344.00' • `0.8•-0' UMINOUS PATH SLOPE RAMPS • (" _ -- — BIT1'-0' FROM PROPERTY UNE o z 6 N AT DRIVEWAY . I Si. 3 2.5 8 • 1:20 MAX i1 I :a, 1 © o PROOF of 20_- it PARKING 1 • ___ N I 1 i • --- �f II; � tI • __ ( ( J , JjTLi111111 I . I j......pit_oor \ 11 t 124rJ ,LJr —it— _'I //�/ I I 01illnRcANATMER _ - GROUP 8 • O vv- ROOF-/ 4•I - HATCH • Bej12a:ETETSEE � �E BOLLARD L — PROPOSED BUILDING MANUFACTURING t =SEE 4/A1 GROUP F-1 Dar - I ROLL BITUMINOUS DRIVE-IN 35,016 S.F. 10 0' UAU T - - AS REQUIRED --.1 A P. G -SLOPE o i4. 10' d ISI :1;— •q• • X - 117•-0' �1 DOCK 172'-Cr N 40'-0' PARIQNGI 0- I - r SE TBA -_ EN: pc1 DOCK BUILSETDING 413.2.-.1r1 J >- BUILDING p( - SETBACK 100=. + DON1 j • WAREHOUSE g TRASH ENCLOSURE '-11300( GROUP 1 *I SEE 8/A1 J I 1� SLOPE • . JO�� I ` . ` :Zfil.°4 TRANSFORMER LOCATION i► i cMOVED CLOSER TO BUILDING sta FINAL LOCATION TO BE • • VERIFIED WITH LOCH.UTILITY • \ ` I3gj23,` •� � ` • NORTH.--"--. ` 0 SITE PLAN o SCALE 1- .• 30'-0" `1 TOP OF PRECAST 4.10 125'-0• TOP OF PRECAST A 'ROCXFA« 124'--0' RANDOM RIB ///''''''NO RIBS AT BANDS fOP OF PR CAT BLOCK VENEER' EXPOSED AGGREGATE q Tom. OVERFLOW SCUPPER COLOR iT2PRE-FW.METAL /' -0 CAP FLASHING PRECAST PANEL 3 TIMES AREA OF R.D. TOP OF CAST !1Z .w COLOR /i WITH 4' MIN OIMEN510N Pt @ # rill'! •' [ II �.' 114IIii.i.Ui 1ii1I �ifflf fl11111Iiia:1�'1ILJ.d11ftlittliIiIr�# 11.ilil lilt �.' r II 1 1� NU.4ln-EN-1 'I �4ylI + J .2-:_:.:7;1111(1111 'I ! f P",F 1 I . tU� a}_oaf f.WII'1 LI1111l, 4 ;. FINISHED 00R .._:‘,,.....-1.....—.' ".�11 $8 t ir• - i d,v 3: 1, ,,- p Its ti. Its t, � .,�+ 1: +liti�v0EL - 100-0" 1.�nMIMI_ n . 9 OTOP OF FOOTINGS! is - -- -- _ 1111 A' Yf.�'lltt fl 7171 ..,._.........:n - + EL - 97-0" ANODIZEDD ALUMINUM WIOICATES CONC• •�Z _.....- 1,-. z:T -ff WINDOW AND DOOR STOOP (TVP.) _________///{{{ STEP F0011NC5 AS REQUIRED TDP OF.FQOTINGS FRAMES �' - ,-0• LOCK, BAFF MAX (SEE STRUCTURAL)TO MAJNTAIN FROST DEPTH TRASH ENCLOSURE LOCI(BOX LOCATION SHALL. BE VERIFIED 11TH THE CITY ®WEST ELEVATION FIRE MARSHALL SCALE: I/16•—1•-0• e.. L!II1 � �l, TI11_ fIi�� 11.I sl5'Ei! i "11F :�i � r �i� - !1111 i l I!! ;1Ii : fiaiI P Ill;1)1I,, �^ IF 1 B ! JI•. I ,11t@f9�eiIk/h h a ii �', 1 il IllbilUflHft I HI III " r Pi 1/1 iii 1 1 � ,I .7 ,� 1 ®SOUTH ELEVATION SCALE: vie - 1'-0• • MECHANICAL EQUIPMENT MECHANICAL EQUIPMENT FOR FROM USE TO BE FOR OFFICE KN TOD BE SET - BACK FT IT FRONT PARAPET BEHIND RNSED PARAPET SO THAT IT CANNOT BE SEEN FROM THE STREET _ _ 11 E� I l P I t. r '.i :I .1 it I `i' .) [i,w 1:1 l l 1 . ii f;H4 .,.i,►i l l ! -. I 1 ai . a 11 1 s LL11 1414111‘111111411,111(11.114114#111 4.1111111.1111.1 111 III I 11l 111�IJUITI VTI M1l1141l$41 L14:111411.441111 I11 F I PI 14111.111 II tL11ITJ:Lt11I 11111.111111111IT 111.1114N1.tt11.1 Ic sj� ' `��1' 1 11)/ I!!� / 11kk ��,� �� f`' I 1 I `°ppli I/,/°I ;1 ! a1 T!i ! 4 illii Ill !!ill s 11'1 11 ['_ ' 1 111 . 1�11i@1I11I 1!Iiii(oi€al li 91#11:;ria , p N ( I y i t � �Y� ,L 1 � lif � ��) � t111 ffll,111s9E :� I�l�11a1:i1f��111c =6 ��il�. !I I i1111��)� t 3 gh EAST ELEVATION SCALE: l/16• - 1'-0- - EIG4AGE BY SEPARATE PERMIT to OR SS NUMBERSn LIGHTING MAIOMUM SIGNAGE AREA - BY OWNER SEE SHEET LI (TYP.) 3.819 S.F. 11 20X- 764 SF �. 1#f #1 li if l►fl #11 I I II ll lli l 1'+I 1il i iW 1111:1 ,f, ,. ll ' t 111111'111.11` .1YH 111i 1 .1111111- .11111 RI 11111 1.IllEll111v1N ,Shc�•1II 1.1111IBl1w1111 1 , j ' ilill 9 1111 11@�, p 1111[1:111i1 p 'i 1-TRE DEPT. tt 3;t='c3 CONNECTION 0 6)NOR:TH1/16ELEV-0'ATION SCALE • - 1• City of Cottage Grove 11/ Memo To: Economic Development Authority From: Ryan R. Schroeder CC: Mayor and City Council Date: 4/4/2003 Re: Gateway Redevelopment District There are a number of items that deserve discussion regarding the Gateway Redevelopment District. Some of these are under separate cover. Included are: 1. Jensen Stipulation Agreement 2. 1501 Purchase/exchange agreement 3. Oakwood Commercial purchase agreement template 4. Storm ponding appraisal/acquisition (see memo from Michelle Wolfe) 5. US Bank land exchange (see memo from Steve Barret/Michelle Wolfe) 6. Fratalone development concept 7. Environmental bid award Jensen Stipulation Agreement As the board is aware, we have gone through the public purpose portion of the eminent domain action on the Jensen/Ruvelson property (9,853 SF parcel adjacent to the office condominium property) which provides us fee title to the property. We have been informed by Mr. Jensen that he and is partner have signed a stipulation agreement (prepared by Kennedy and Graven) that if approved by the EDA would 411 cancel the eminent domain action. Anticipating completion of the 1501 property •Page 1 acquisition this would mean that even though the EDA and City Council both authorized condemnation action against all of the property scheduled for acquisition • for the Gateway none of that property would have actually been condemned. We have updated our appraisal for this property as of February 26, 2003 with a value on that date of$96,000. We are informed (but have not yet received)that the stipulation has been signed in the amount of$142,500. If we do in fact receive the stipulation, we would request a decision of whether to enter the stipulation or to proceed through the condemnation process. 1501 Purchase/Exchange Agreement Previously both the EDA and Council have authorized entering an agreement with the 1501 Partnership to exchange property, purchase other property, relocate an access and conduct site improvements. Since those approvals, the agreement has had a number of changes as we have worked through the details of the exchange such as timing of construction, timing of access closure, signage and detour routes during construction phases and the like. At this point 1501 has concurred, apparently with those various changes and has promised signature on the document by April 4, 2003. To the extent changes are more than ministerial we will bring those to your attention at your meeting. • Oakwood Commercial Purchase Agreement At your last meeting we talked through EDA goals relative to the 3.82-acre Oakwood Commercial site owned by the City. While Council would ultimately be asked to enter into a purchase and development contract we have been asking the EDA to work through the nuances of the purchase agreement that would be used toward this development. At your meeting you requested specific changes to the purchase agreement template and requested that Mr. Ed Flaherty of Lariat Companies, Inc., present to you his vision for this property as a prospective buyer and to address any concerns you may have relative to achievement of your goals. Mr. Flaherty will be available for your meeting. On the purchase agreement template you had requested that we amend the dictates of the architectural guidelines addendum to the agreement to be more affirmative ("must" and "shall" in place of"may" and "should"). You also directed that provisions related to tenancy be addressed. Section 4C and D has been rewritten to address these issues. Our intent is that Mr. Flaherty can address these changes and any other issues addressed by the Board in order for staff to receive direction on how to proceed toward sale and development of this property. • •Page 2 • Storm Pondinq See enclosed. US Bank See enclosed Fratalone Development Concept We continue to work with a developer toward planning of the commercialization of what is referenced as the Fratalone property. This property is west of Tutor Time, contains approximately 13 acres as well as East Point Douglas Road (which is under City control and which is assumed to be vacated as part of this development in favor • of building and parking lot construction). Of the three residential structures west and north of Tutor Time two are owned by the development team but it is certainly likely that all three structures (the third of which is owned by Tom Ott) may eventually be included in a development concept. The newest of these three homes will most certainly be demolished or sold to a moving company through the development • process. Of the other two, we expect at least one to be treated as a potential historic property; perhaps both for documentation, possible rehabilitation but more likely relocation to an alternative site within the community. We have reviewed development concepts that could result in 100,000 to 150,000 square feet of commercial space with two or three destination mid-range box users as part of the development concept. Further refinement of the development concept is currently being developed. Anything that is available by the date of your meeting will be brought to your table for review. Some site concepts/maps are included in your packet. Environmental Bid Award The EDA and Council have both authorized a demolition contract for the three commercial structures to be removed from the Gateway District. Council at their April 2, 2003 meeting also authorized an environmental abatement project for these three properties following the attached Council agenda item. We would request EDA ratification of this same award. F:\Groups\PER_ECOMEconomic Development\Marketing\2002\Industrial Park Packet\April 2003 EDA.doc • G:\Economic Development\E D A\Documents\2003\April 2003 Gateway.doc •Page 3 04/04/2003 11: 41 7637869051 ACEDP PAGE e2 Case Type: Condemnation • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT The Cottage Grove Economic Development Court File No. C6-02-6681 Authority, a public body corporate and politic under Minnesota law, Petitioner, STIPULATION OF SETTLEMENT AND ENTRY OF • Fi1AL CERTIFICATE (Parcel 6 Only) Roger Jensen, et al,, Respondents. TI-TIS STIPULATION is made by and among the Petitioner Cottage Grove Economic • Development Authority (".EDA") and Respondents Roger Jensen, Sarah E. Ruvelson, COTTAGE GROVE OFFICES, INC. (collectively, "Owners"), and Respondent City of Cottage Grove. Recitals A, At the time of commencement of this action, Owners were the fee owners of the real property located at 7121 Point Douglas Road, Cottage Grove, Minnesota, which is identified as Parcel 6 in this action (the"Property") and which is described on the attached Exhibit A. B. The EDA has commenced an action in condemnation to fee simple title to the Property and has obtained and recorded Findings of Fact, Conclusions of Law and Order Appointing Commissioners that transferred title to the Property to the EDA, pursuant to Minn. Stat. § 117,042, Title to the Property transferred to the EDAas of February 2003. • CA1-1-2255G90 CT160.91 04/04/2003 11: 41 7637869051 ACEDP PAGE 27,' C. City is a named party respondent in the action because of its interest in payment of special assessments, if any, levied against the Property. D. As required by Minn. Stat. § 117.042, the EDA paid to the Owners and Washington County the EDA's approved appraised value for the Property, in the amount of$75,500,00. E. The parties have reached a full and final 'settlement and compromise concerning the matters in dispute. T i ms :;f Settlement Agreement , Settlement Amount, The EDA agrees to pay'and the Owners agree to accept the amount of$ / 4t ,5G (less the $75,500 00 previously paid, for a remaining balance of$G'o co ) in full and final compromise of the damages in, this `action, including but not limited to just 111 compensation, attorneys' fees, and interest, In additiokihe EDA agrees to pay $500,00 by check payable jointly to the Owners, as reimbursement of appraisal fees, upon receipt of an invoice for appraisal services in at least that amount. Within:30 days1after the date of this stipulation, the EDA will pay the remaining balance of$ G ; 0 0 C'. jointly.to the Owners. 2, Real Property Taxes. EDA stipulates pat itsiis, responsible for payment of all real estate taxes due and payable on the Property in the year 2903: Owners represent and warrant that they s. have paid all real estate taxes due and payable on the Property in 2002 and prior years, 3. Final certificate. The parties hereby stipulateto the entry of a final certificate reciting that the parties reached a full and final settlement and that all settlement amounts have been paid. 4. Waiver of Interest in Proceeds. City stipula .that there are no pending or levied special assessments against the Property and agreesth t'ithas no interest in the settlement proceeds. • The Cay consents to the entry of a final certificateiin favoii of the Owners. f , CAH-225569v1 CTI60.91 . s, 04/04/2003 11: 41 7637869051 ACEDP PAGE 04 5, Waiver of Appeal, The parties waive their rights to appeal from the judgment entered • pursuant to the final certificate, • 6. Owner Warranty. Owners represent and warrant that the only persons with any interest in the Property, immediately prior to its acquisition by EDA, were Owners, City (for special assessments only) and Washington County (for payment()freal estate taxes only). KENNEDY& GRAVEN, CHARTERED Dated: By Corrine H. Thomson (#149743) 470 Pillsbury Center 100.South Sixth Street Minneapolis, MN 55402 (612) 3379300 Dated; /1/16' 7/ a, o v 3 • )►roger -nsen / Dated: c ch-, 1 • , v v r 1--. P-"NLA -� 1-5 --�— Sor4h E. Ruvelson ',.rk '. COTTAG GROVE G FICES, INC. a Dated: c•r' L a coo° ` G` I-Air r - Y , �tWf rifr: i CITY OF COTTAGE GROVE Dated: Mayor 1_It&ictty Clerk H:1Ruvelson stipulation.doc 1+ ilx�. • , i C.411-228369y1•228569v1 rl i t ,tt CTI60.91 '. a City of Cottage Grove Memo To: EDA Members From: Michelle Wolfe, Assistant City Administrator Date: April 4, 2003 Re: Oakwood Commercial Purchase Agreement Template As stated in City Administrator Schroeder's memo dated 4/3/03, the purchase agreement template for the Oakwood Commercial properties has been amended since your last meeting. Attached is the current version of the template, with most of changes on pages 2 and 3. The City's updated Architectural Guidelines are included as Exhibit C. • Also attached are some documents to assist with development of Exhibit D of the agreement. First is a list of potential restaurants for the site. Second are copies of city code Chapter 10, Business Districts. Specifically included are the B-1 and B-2 business districts. We have circled some of the uses that we anticipate would be prohibited for these lots, and anticipate further EDA input at the meeting. Last, you will find three pages of a sample zoning ordinance from another community. (Numbered Page 269, 270, and 271.) This is included to give an example of language that could be included in the template in regards to signage. Community Development Director Lindquist will be present at your meeting to review this information. Attachments G:\Economic Development\E D A\Documents\2003\April Oakwood.doc I PURCHASE AGREEMENT AND AGREEMENT FOR OPTION This Purchase Agreement(the "Agreement") is made this day of , 2003 by and between CITY OF COTTAGE GROVE, a Minnesota municipal corporation (the "Seller") and LARIAT COMPANIES,INC., a corporation(the"Buyer"). 1. SUBJECT PROPERTY AND OPTION PROPERTY. The Seller is the fee owner of certain real estate (the "Property") located in Washington County, Cottage Grove, Minnesota, which is depicted on the attached Exhibit B. The Property consists of approximately 2.2 acres that is a part of land to be platted as Lot 2, Block 3, GATEWAY NORTH FIRST ADDITION, and the legal description of the Property will be determined by survey as provided in paragraph 7 of this Agreement. The Seller also owns additional real estate adjacent to the Property, consisting of approximately 1.646 acres(the"Option Property"), which is the remainder of the land to be platted as Lot 2,Block 3, GATEWAY NORTH FIRST ADDITION. 2. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Seller agrees to sell and convey the Property and all improvements thereon,together with all appurtenances,pursuant to the terms of this Agreement. In addition, Buyer and Seller agree to execute an Option Agreement for the Option Property as provided in this Agreement. 3. CONTINGENCIES. This Agreement is subject to contingencies as identified in subparagraphs A through D below. The provisions of subparagraph A may not be waived. The provisions of subparagraph B are for the mutual benefit of Buyer and Seller and may not be waived • except by the parties' mutual written consent. The provisions of the first sentence in subparagraph C are for the sole benefit of the Buyer and may be waived only in writing by Buyer. The provisions of the final sentence in subparagraph C and of subparagraph D are for the sole benefit of the Seller and may be waived only in writing by Seller. If any of the contingencies are not satisfied or waived, this Agreement shall be null and void and Buyer shall be entitled to return of Buyer's earnest money. A. SELLER ACCEPTANCE. This Agreement shall be presented to the Seller's city council within 30 days of the date it is submitted to Seller, fully executed by Buyer. If the Seller's city council does not approve this Agreement within thirty (30) days of the date of this Agreement, this Agreement shall be deemed automatically null and void and of no further force or effect and Seller and Buyer shall immediately execute a written acknowledgement that this Agreement has been terminated in its entirety. B. GOVERNMENT APPROVALS. This Agreement is contingent upon Seller obtaining the subdivision approval contemplated at paragraph 7 of this Agreement and upon Buyer obtaining necessary governmental approvals for the construction of a shopping center of at least 17,500 square feet. • CAH-225312v6 1 CT160-91 C. TENANTS. 1. Anchor Tenant. Seller's obligation to close is contingent upon its approval of the restaurant selected by the Buyer to serve as the initial anchor tenant for the shopping center. Seller will not approve any restaurant that does not meet the following minimum qualifications: a. seating capacity for sit-down dining of at least seats, and covering at least square feet of gross floor area or square feet of interior seating area; b. intoxicating liquor to be served to patrons; and c. restaurant is one of the regional/national brands named as "Restaurant Users" in the attached Exhibit D, or is judged to be an equivalent by Seller. As a further precondition to closing Buyer will furnish Seller with evidence, reasonably acceptable to Seller that the selected restaurant is obligated to proceed with the restaurant following the closing. 2. Other Tenants. In addition to the Anchor Tenant, the Buyer understands that the Seller views both the uses and the mix of uses to be established in • the shopping center to be of great significance. It is Seller's goal that the proposed shopping center contains top quality tenants and uses; and provides a diverse variety of shopping opportunities for the community. Seller has selected Buyer as purchaser of the property, in part because Buyer accepts Seller's vision and has agreed to comply with the provisions of this paragraph. Specifically,Buyer represents to the Seller as follows: a. Buyer will not enter into initial leases for any uses that are not included in the list of permitted uses described in the attached Exhibit D. b. Buyer will seek the advice and counsel from Seller regarding the mix of initial uses to be established in the shopping center; and Buyer agrees that it will attempt, in good faith, subject to its reasonable discretion and sound business considerations, to implement, wherever possible the advice and suggestions of Seller regarding initial use mix. D. SELLER APPROVAL OF DEVELOPMENT CONCEPT. This Agreement is contingent upon the Seller's approval of the final design plan for the Property. The Seller requires that the Property be developed with a high quality commercial development that is acceptable to Seller. Buyer will provide Seller with building S renderings identifying the materials to be used in the construction of the shopping center within sixty (60) days following the date that the Purchase Agreement is executed by both parties for the purpose of obtaining Seller's approval of the CAH-225312v6 2 CT 160-91 development, and said approval shall not be unreasonably withheld by Seller. At a minimum, and without limiting the Seller's discretion to approve the final design plan, such a development must meet the following criteria: (i) the exterior treatments on all structures must use materials and colors that are substantially similar to the Walgreen's/Gateway Center/TCF development located at East Point Douglas Road and 80th Street; (ii) at least 80 percent of the non-glass exterior building material on the front and side façades, and any side of the building facing a street must be brick or material deemed superior by Seller, and on the rear façade up to 15 percent of the rear façade may be rock face block provided it is located along the base of the building, and the remaining 85 percent of the rear façade must be brick or material deemed superior by Seller; (iii) any development on the Property must be consistent with the Gateway architectural controls policy, a copy of which is attached as Exhibit C (but the enumerated criteria in this paragraph supersede any inconsistent provisions in Exhibit C); (iv) landscaping for the development must exceed the minimum requirements under City ordinances in quantity of plantings by at least 20 percent and at least 50 percent of the plant materials must exceed minimum required plant sizes; (v) the site design must positively impact the development opportunity for the adjacent Option Property and must provide for cross-access and cross-parking easements over the Property and the Option Property; (vi) exterior lighting must be consistent with the Hardwood Corridor street lighting or the lighting along the sidewalk at Home Depot and Grove Plaza; (vii) the development must have ground monument signage substantially similar to the Gateway Center or TCF monument signage at East Point Douglas Road and 80th Street, except that all signage must be of the same color and style; (viii) the Buyer must agree to pay one third of the cost of • any off-premises monument signage that the Seller constructs at Hardwood Avenue and 80th Street, not to exceed the sum of Ten Thousand and no/100ths Dollars ($10,000.00); (ix) wall signs on structures must be located within designated sign bands delineated by the architecture of the structure and cannot exceed 2.5 feet in height; and must be of the same color and style; (x) the development must include an architectural embellishment or ornamentation that is either part of the principal structure or a freestanding architectural feature which highlights the overall site development (e.g., clock tower, water feature, fountain, etc.). 4. PURCHASE PRICE AND TERMS: A. PURCHASE PRICE. The purchase price (the "Purchase Price") for the Property shall be determined based upon the survey to be provided under paragraph 7 of this Agreement. Buyer agrees to pay Eight Dollars ($8.00) per square foot for the first 95,835 square feet of land area in the Property and Eleven Dollars ($11.00) per square foot for each square foot or portion thereof in excess of 95,835 square feet. B. TERMS. 1. EARNEST MONEY. Within two business days after Seller's acceptance as • provided at paragraph 3.A. above, Buyer agrees to pay to Seller contemporaneous the amount of Twenty Thousand Dollars ($20,000.00). CA1-1-225312v6 3 CT 160-91 Seller may deposit the amount in an interest-bearing account pending • Closing. Seller is entitled to all interest that accrues on the $20,000.00, and said interest shall not be credited against the Purchase Price, except that Seller shall be required to return accrued interest to Buyer if this Purchase Agreement is terminated due to any of the following: non-marketability of title to the Property; Seller's default; or inability of Buyer to obtain the necessary governmental approvals required to construct a shopping center of at least 17,500 square feet. 2. BALANCE DUE. At Closing, Buyer shall pay Seller any remaining Balance Due under the terms of this Agreement by certified check or other immediately available funds. C. DOCUMENTS TO BE DELIVERED AT CLOSING. At Closing Seller shall deliver to Buyer: 1. Warranty Deed conveying good, marketable and insurable title to the Property to the Buyer free and clear of all liens and encumbrances except the following items(allowable encumbrances): a) Building and zoning laws, ordinances, state and federal statutes or other governmental regulations; 1110 b) Easements and restrictions of record which have been approved by Buyer in writing; c) Real estate taxes for which the Buyer is responsible under paragraph 5; d) Reservation of any minerals or mineral rights in the State of Minnesota; e) Covenant by Buyer (i) that within one year of the date of the deed, Buyer will construct improvements on the Property consistent with the final design plan approved by the Seller under paragraph 4.D of this Agreement, provided that Buyer is able to obtain approval from all the necessary government authorities and (ii) granting to Seller a reverter that includes the right to re-enter and take possession of and title to the Property if Buyer fails to construct the improvements within the one-year period as required. 0 Cross-easement and cross-parking easements in favor of the Option Property which has been approved in writing by Buyer and Seller prior to the date of closing. g) Declaration of covenants and restrictions as provided at 4.C.3. below. CAH-225312v6 4 CT160-91 2. Standard form Affidavit of Seller. 3. Declaration of covenants and restrictions that prohibits the use of the II Property for a gasoline station or automotive-related use, including but not limited to automobile service or repair or retail sales of auto parts. Seller at its option may prepare and record the declaration of covenants and restrictions prior to Closing. 4. Option Agreement as provided at paragraph 14 of this Agreement. In lieu of recording the Option Agreement, the parties may elect to record a Memorandum of Option Agreement. 5. Such other documents as may be reasonably required by Buyer's title examiner or title insurance company. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. The real estate taxes due and payable in the year of closing shall be prorated between the parties as of the Closing Date. B. Seller shall pay all special assessments levied against the Property prior to or on the Closing Date. C. Seller shall provide for payment of all special assessments for which an • improvement has been ordered but assessments have not yet been levied as of the Closing Date, by escrowing an amount equal to two times the estimated amount of special assessments. D. Buyer shall be responsible to pay taxes and special assessments that are levied or become pending after Closing. 6. TITLE AND REMEDIES. Within thirty (30) days after Buyer's acceptance of the survey required by paragraph 7 of this Agreement, Seller shall deliver to Buyer a commitment for an owner's policy of title insurance, certified to a date that is on or after the date of this Agreement and including proper searches covering bankruptcies, state and federal tax liens, judgments and special assessments. The title commitment must commit to insure that, at closing, Buyer will have good, marketable, and insurable title of record to the Property, free and clear of all liens, encumbrances, leases, claims and charges, all material easements, rights of way, covenants conditions, and restrictions and any other matters affecting title, except as approved by Buyer in writing. The title commitment must commit to insure that the property does not violate any zoning or other use restrictions; and that the property is properly zoned for Buyer's use, which is to develop and construct a shopping center. The title commitment must either waive or commit to insure against the following standard exceptions: facts which would be disclosed by an ALTA/ACM Land Title Survey of the Property, rights and claims of any parties in possession, and mechanic's contractor's and materialman's liens and lien claims. The title commitment shall be certified to the legal description of the Property as established by the survey required at paragraph 7 of this Agreement. CAH-225312v6 5 CT160-91 Buyer shall be allowed ten (10) days after receipt of the commitment to review the same and provide Seller with Buyer's written objections. Objections not made in writing will be deemed • waived. If the title to the Property or any part thereof, is found to be unmarketable, Seller agrees to cure such defects and render the title marketable, by action to quiet title if necessary, within six (6) months after receipt of Buyer's written objections. Pending correction of title, the payments required by this Agreement shall be postponed, but upon the correction of title and within fifteen (15) days after written notice to Buyer, the parties shall perform this Agreement according to its terms. It is further understood and agreed that if the title to the Property or any part thereof is found to be unmarketable and has not been corrected within the six (6) month period, then this Agreement shall be null and void and all monies paid under this Agreement from Buyer to Seller, including accrued interest on earnest money, shall be refunded and neither Buyer nor Seller shall be liable for damages hereunder. If the title to the Property is found marketable or will be made so within the required time period, and Buyer defaults in any of the covenants or agreements herein provided and continues in default for a period of fifteen (15) days, then and in that case, Seller may at its option, deem this Agreement terminated by giving written notice thereof to Buyer, and on such termination, all the payments made upon this Agreement, including accrued interest on earnest money, shall be retained by Seller as liquidated damages, time being of the essence hereof. This Agreement may be enforced by either party by specific performance; provided that: (i) the Agreement has not been terminated; (ii) any action for specific performance must be commenced within six (6) months after the right of action arises; and (iii) nothing in this Agreement shall obligate the Seller to exercise its power of eminent domain for the purpose of making title marketable,but Seller at its option may do so. 7. SUBDIVISION APPROVAL AND SURVEY. The transaction contemplated by this Agreement requires the subdivision of land. The Seller has already initiated an application for approval of the proposed plat of GATEWAY NORTH FIRST ADDITION. The Seller will obtain subdivision approval or waiver of subdivision requirements for the further subdivision of the Property from Lot 2, Block 3, GATEWAY NORTH FIRST ADDITION. The Seller agrees to bear the sole cost of obtaining necessary government approvals of the subdivisions contemplated by this Agreement. Buyer agrees to cooperate with Seller as necessary to obtain the necessary approvals. If Seller obtains a subdivision waiver that is conditioned upon a subsequent replat that includes the Property and Option Property, Buyer agrees to cooperate with Seller in connection with the replat. The provisions of this paragraph shall survive closing. Within 30 days after acceptance of this Agreement, Seller will provide Buyer with a boundary survey of the Property, prepared at the Seller's sole expense. The survey provided will be a staked survey made in accordance with the Minimum Standard Detail Requirements for ALTA/ACM Land Title Surveys, and (a) certified to Buyer and Seller and Title insurer; (b) prepared by a registered land surveyor in form and substance satisfactory to Buyer and Seller and sufficient to enable the Title Insurer to issue extended coverage, (c) containing a legal description of the Property; (d) detailing all easements, encroachments and utility rights-of-way upon the Property (e) showing the location of private driveways and public streets so as to affirmatively show rights of ingress to and egress from the Property, and (f) certifying the area of the Property both in acres and in square feet. Buyer must make any objections to the survey and legal description within fifteen (15) days of receipt. If Buyer's inspection of the survey reveals conditions unsatisfactory to Buyer in its sole discretion, Buyer may rescind this Agreement, in 411 which case the Earnest Money will be returned to Buyer. CAH-225312v6 6 CTI 60-91 8. ENVIRONMENTAL. Seller agrees to provide Buyer with a current Phase I Environmental Report prepared in accordance with ASTM standard E-1527-00 covering the • property within thirty (30) days after acceptance of the purchase Agreement by Buyer and Seller, at Seller's sole cost and expense. Seller will provide soil tests, if available. If Seller does not have soil tests available, Buyer has the right to obtain soil samples at its sole cost and expense. If Buyer's inspection of the Phase I Environmental Report reveals conditions unsatisfactory to Buyer in its sole discretion, Buyer may rescind this Agreement, in which case the Earnest Money will be returned to Buyer. 9. BUYER'S DUE DILIGENCE. For a period of one hundred eighty (180) days following the approval of this Agreement by Seller's city council and the recording of the plat of GATEWAY 1ST ADDITION and Seller providing Buyer with a Survey and Phase I Environmental Report as referenced in paragraphs 6 and 7 of this Agreement, Buyer will be allowed to conduct such due diligence reviews, tests, inspections and investigations with respect to the Property as Buyer deems necessary, including,but not limited to, the following: A. Obtaining soil tests and conducting other environmental investigation as Buyer deems advisable, at Buyer's sole expense. Buyer agrees to indemnify the Seller against any liens, claims, losses or damage occasioned by Buyer's exercise of its right to enter an work upon the Property. Buyer agrees to provide Seller with a copy of any and all reports or test results prepared as a result of such examination and tests. B. Applying for and receiving necessary government approvals (up to and including • the issuance of a building permit) to build a shopping center that will satisfy the contingencies at paragraphs 3.B. and 3.D. of this Agreement. C. Preparing and presenting to Seller a master plan for the Property and the adjacent Option Property, to show layout and use for the entire 3.846 acres. Buyer agrees to exercise due diligence and best efforts to complete all of the activities contemplated by this paragraph within the 180-day time-frame provided herein. 10. SELLER'S COVENANTS AND WARRANTIES. Seller covenants and warrants to Buyer that: A. There are no other options or written agreements with respect to the sale of the Property. B. From and after the date of approval of this Agreement by Seller's city council, Seller will not transfer or encumber any part of the Property or permit any changes to the zoning classification of the Property. C. Seller will not negotiate or enter into a purchase agreement with a third party for the sale of the Option Property until Buyer has completed the master plan required under paragraph 9.C. of this Agreement and until Buyer has been given the opportunity to exercise its option to purchase the Option Property as referenced in paragraph 14 of this Agreement. CAH-225312v6 7 CT160-91 D. Seller will join in the execution of documents required by the Buyer to obtain government approvals which may be necessary to develop the property and construct a shopping center on the Property. The parties expressly agree, however, that the scope of the preceding sentence is limited to the execution of documents that evidence Buyer's consent as a property owner to the processing of applications for government approvals. Nothing in this paragraph shall limit or restrict the Seller's exercise of the Seller's legal authority and discretion with respect to any application which Buyer may submit to Seller in its capacity as a government entity and regulatory agency. In addition, nothing in this paragraph shall limit or restrict the Seller's exercise of discretion under paragraph 3.D. of this Agreement. E. Upon completion of the Hardwood Avenue street improvement project, which is scheduled for construction in 2003, sewer and water will be located within Hardwood Court or Hardwood Avenue and within 100 feet of the Property. F. The Seller has not engaged or consulted with a broker or agent concerning this transaction. G. The Hardwood Avenue Street improvement project will be completed on or before October 1, 2004, with the first lift of asphalt completed on or before October 31, 2003. 1111 H. The Seller will complete site grading of the Property on or before June 30, 2003, with approximately a three percent slope, north to south. I. Between the date of acceptance of this Agreement and the date of closing on the Property, Seller will: (1) promptly notify Buyer in writing if any material change occurs in the conditions affecting the Property; and (2) promptly, after receipt, furnish Buyer copies of all notices of violation by Seller or Buyer of federal, state, or municipal laws, ordinances, regulations, orders or requirements of any governmental authorities. 11. BUYER'S COVENANTS AND WARRANTIES. Buyer covenants and warrants to Seller that: A. Buyer is a corporation organized under the law of the State of Minnesota and is in good standing. B. The person executing this agreement on behalf of Buyer has the authority to bind Buyer to this Agreement. C. The Buyer has not engaged or consulted with a broker or agent concerning this transaction. • 12. CLOSING. The closing ("Closing") of the sale of the Property shall take place within 30 days after removal of all contingencies, but no later than , 2003. The Closing shall CAH-225312v6 8 CT160-91 take place at the offices of Old Republic National Title Insurance Company, 400 Second Avenue South,Minneapolis,Minnesota or such other location as mutually agreed upon by the parties. • 13. CLOSING COSTS AND RELATED ITEMS. Seller will be responsible for payment of the cost of commitment for an owner's policy of title insurance, the title insurance policy premium, state deed taxes, the cost of recording the cross-easement instrument and any instrument necessary to establish marketable title in Seller, and the closing fee. Buyer shall be responsible for recording the deed from Seller to Buyer and the Option Agreement or Memorandum of Option Agreement. Each party shall be responsible for its own attorneys fees. 14. OPTION TO PURCHASE OPTION PROPERTY. At Closing, Seller agrees to grant to Buyer an Option for the Option Property, and the parties agree to execute the Option Agreement at closing on the sale of the Property. The Option Agreement shall contain the following essential terms: A. OPTION PRICE. Buyer agrees to pay Seller the amount of $ as consideration for the option, contemporaneous with execution of the Option Agreement. The option price shall be applied toward the purchase price of the Option Property if the Option is timely exercised. B. OPTION TERM. The Option expires one year after the date of execution of the Option Agreement. Failure to exercise the Option within the option period terminates the Buyer's rights to purchase the Option Property. To exercise the Option, Buyer must notify Seller in writing of Buyer's intent to exercise the Option, . in the manner provided in paragraph 24 of this Agreement. Buyer's written notice of intent to exercise the Option must be accompanied by the earnest money payment of$20,000.00. C. PURCHASE PRICE AND TERMS. The Option shall provide for a purchase price for the Option Property in an amount of Eleven Dollars ($11.00) per square foot. The other terms of sale for the Option Property shall be the same as those for the sale of the Property, with the following modifications: (1) all references to a shopping center of at least 17,500 square feet shall be changed to square feet; (2) delete paragraph 3.D.(viii); (3)the closing date must be within 30 days after removal of contingencies but not later than 210 days after exercise of the Option. D. OPTION NOT ASSIGNABLE. The Option may not be assigned to a third party by Buyer without the prior written consent of the Seller. 15. NO PARTNERSHIP OR JOINT VENTURE CREATED HEREBY. Nothing in this Agreement shall be interpreted as creating a partnership or joint venture between the Seller and Buyer relative to the Property. 16. POSSESSION/CONDITION OF PROPERTY. Seller shall deliver possession of the Property to Buyer at Closing. 17. DAMAGES TO REAL PROPERTY. In the event that the Property is destroyed or substantially damaged by fire or other casualty before the Closing Date, this Agreement shall be CAH-225312v6 9 CT l 60-91 null and void at the Buyer's option and all sums paid by Buyer to Seller pursuant hereto shall be promptly refunded to Buyer. In the event that the Property is less than substantially damaged by • fire or any other cause on or before the Closing Date,then Property shall be promptly and diligently repaired, and if repairs cannot be completed by the Closing Date, then at the option of either party, the Closing Date may be postponed until repairs are completed. In the alternative, the parties may proceed to closing and Buyer may accept the Property in its damaged condition, provided the parties are able to reach mutual agreement concerning an adjustment to the purchase price to reflect the Property's damaged condition. 18. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller represents that to Seller's knowledge there is no individual sewage treatment system or systems on or serving the Property. 19. WELL DISCLOSURE. Seller represents and advises Buyer that to Seller's knowledge there are no wells located upon the Property. Buyer acknowledges receipt of Seller's well disclosure statement. 20. CUMULATIVE RIGHTS. Except as may be otherwise provided elsewhere herein, no right or remedy herein conferred on or reserved to Buyer or Seller is intended to be exclusive of any other right or remedy provided herein or by law, but such rights and remedies shall be cumulative and in addition to every other right or remedy given herein or elsewhere or hereafter existing at law in equity,or by statute. • 21. NO MERGER OF REPRESENTATIONS, WARRANTIES. No representations or warranties contained in this Agreement shall be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. 22. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire agreement among the parties, and no other agreement prior to this Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by the parties or their respective successors or assigns. 23. NO ASSIGNMENT. Neither party to this Agreement may assign this Agreement without the prior written consent of the other party. 24. NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: a. If to Seller: City of Cottage Grove Attn: Ryan Schroeder, City Administrator 7516—80`h Street South Cottage Grove, MN 55016 • CAH-225312v6 10 CT160-91 b. If to Buyer: Lariat Companies,Inc. 8443 Joiner Way Eden Prairie, MN 55344 • Attn: E. Flaherty,President 25. CAPTIONS, HEADINGS OR TITLES. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of the Agreement or a limitation of the scope of the particular paragraphs or sections to which they apply. 26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above. SELLER: CITY OF COTTAGE GROVE By Sandra Shiely,Mayor • By Caron M. Stransky, City Clerk BUYER: LARIAT COMPANIES, INC. By Its President • CAH-225312v6 11 CT160-91 • EXHIBIT A Legal Description of Property A part of the following described property: That part of the Southeast Quarter of the Southwest Quarter of Section 8, Township 27,Range 21,Washington County, Minnesota, lying West of the East 440.13 feet thereof and lying North of the South 330.00 feet thereof. Said property consists of a 2.2 acre tract which is part of Lot 2, Block 3, in the proposed plat of GATEWAY NORTH FIRST ADDITION, Washington County, Minnesota and is depicted on the attached Exhibit B. • CAH-225312v6 CT160-91 EXHIBIT B • Map Depicting Property • • CAH-225312v6 CT160-91 EXHIBIT C Gateway Aesthetic Controls Policy • • CAH-225312v6 CT160-91 ARCHITECTURAL GUIDELINES i BUILDING ORIENTATION • Site planning concept of multiple buildings with an emphasis on pedestrian connections through the site, front of storefronts, and to adjacent residential neighborhoods and parks. • The corner sites at the major intersections must incorporate site amenities such as plazas or fountains. Smaller buildings may be clustered closer to the street. • The orientation of buildings must take advantage of available view sheds of future develop- ment sites. • Development must achieve an aggregate of green area throughout the site of 30 percent or more. • Fronts of buildings shall orient toward major roadways and service areas of tenants shall orient to the rear of the buildings or the side that provides the most screened public view. • Buildings must be located adjacent to roadways. BULDING DESIGN • Building Mass • Varying scale of buildings within a development is required. • Varying rooflines to create interest in design styles is required on multi-tenant centers. • Large areas of blank wall surface facing street frontages is prohibited. Facade Design • Specific architectural accents, such as canopies, must be included on all tenants within a multi-tenant project. • Architectural character must be consistent on all buildings within master plan. • A variety of storefront designs are required in order to enhance the pedestrian shopping experience. • The appearance of two stories through the use of upper windows, or other architectural features to create enhanced design and visual interest is required, particularly in centers with higher wall façades. • Masonry detailing such as soldier coursing or patterning is required. • Oakwood Park Architectural Guidelines March 27,2003 Page 2 of 4 • The use or cornices, ornamental lights, and other architectural details consistent with the Gateway North theme is required. Building Materials • Materials shall be selected for suitability to the type of buildings and the design in which they are used. Building walls should be finished in aesthetically acceptable tones and colors that complement the tones and color of buildings within the Gateway North area. • Materials shall be a durable quality. • Exterior wall treatment, on all four sides, such as brick, natural stone, decorative concrete block, stucco, and EFTS, is required. Decorative metal panels may be used as architectural accents but not as the primary exterior material. • All wood treatment shall be painted and weather proofed. • Colors and specifications of masonry and stucco colors must be consistent throughout the entire site. • Blank single masonry walls must consist of 25 percent decorative masonry variation in color, texture, or surface. • All sloped roof elements must be simulated architectural shingles or acceptable architec- tural metal roofing, such as a standing seam metal roof. Doors and Windows • Window openings must be modulated to scale and proportion complementary to the archi- tectural style. Maximize storefront opportunities to avoid long expanses of blank walls at street fronts. • A minimum eight feet of clear space shall be provided from sidewalk elevation to the lowest point of a canopy. • Window frames shall be constructed of prefinished metal. • Windows and doors shall be glazed in clear glass. Mirrored windows are prohibited. SCREENING • Loading areas, mechanical equipment, or other utility hardware on ground, roof, or building shall be screened from public view with materials similar to the adjacent building material or landscaping. When natural materials are used as a screen, the screen shall achieve 75 percent capacity year round. • Oakwood Park Architectural Guidelines . March 27,2003 Page 3 of 4 LANDSCAPE AND SITE TREATMENT • • Plant material must be utilized within the site area as an aid to provide continuity within the area and to provide a recognized definition of its boundaries. • Parkway-like street trees must be installed along all external and internal roadways. • Unity of design shall be achieved by repetition of certain plant varieties and other street- scape materials and by correlation with adjacent development. • Entry points into the site must be significantly landscaped and designed with a common theme. • Plant materials must be installed within parking lot islands with grouped massing of land- scape required in larger islands and around the perimeter of parking lots. • All loading service and utility areas shall be screened from public roads. When natural materials are used as a screen, the screen shall achieve 75 percent capacity year round. • Plant material shall be selected in regard to its interesting structure, texture, color, seasonal interest, and ultimate growth characteristics. • Where building sites limit planting, the placement of plant materials in planters or within • paved areas is required. STREETSCAPE • Exterior furniture such as benches, trash receptacles, and ashtrays must be of a color and style compatible with the project architecture. • Planting beds or planters will be required along sidewalks in front of retail shops, when blank wall facades exist. • Ornamental pedestrian light fixtures must be consistent in color and design with the theme reflected in the Gateway North redevelopment area. • Brick inlay, exposed aggregate, colored concrete, or similarly enhanced pavement treat- ment must be incorporated into the project as one of the site design elements. PARKING • Cross parking between sites is encouraged. The parking needs of individual tenants will be reviewed to determine the amount of shared parking estimated. • Oakwood Park Architectural Guidelines March 27,2003 Page 4 of 4 • • Parking stalls size and access drive widths must comply with the adopted zoning ordinance standards. • Parking lot layout must include clear, direct traffic movement throughout the site. LIGHTING • Lighting must contribute to continuity and consistency throughout the Gateway North rede- velopment area. All parking lot lights shall be uniform in style, color, and height. Maximum pole height of 40 feet in parking areas, with lower light standard elevations for pedestrian- based locations. • Exterior wall lighting shall be encouraged to enhance the building design and the adjoining landscape. • Ornamental lighting consistent with the design and theme of the Gateway North redevelop- ment area is required. • Excessive brightness shall be avoided; lighting should be downward directed and comply with ordinance footcandle lighting standards. SIGNAGE • • All signage must meet existing code standards. Signs prohibited include: • Rooftop signage • Signs painted on building • Electronic reader boards • Flashing or motion signs • Pole signs • Signage must maintain consistent metal surround color throughout the development district or project. • The site is permitted one monument sign. • Base of free-standing monument signs must be of masonry brick to match buildings and reflect architectural character and detailing of the project. • Freestanding monument signs must be located outside of public right-of-way and cannot negatively impact traffic sight distances. PROPOSED EXHIBIT D Restaurants • Applebees Awada's Bennigan's Buca Chili's Ciatti's Famous Dave's Ground Round Hops Houlihan's Kincaid's Macaroni Grill . Old Chicago Olive Garden Outback Steakhouse Red Lobster Red Robin Ruby Tuesdays Sunsets • Sydney's TGI Fridays Timberlodge Steakhouse Howie D's Steakhouse (location in Plymouth off Hwy 55 same concept as Timberlodge) Granite City Brew Pub (locations in St. Cloud, Sioux Falls, S.D. and currently looking for locations in the Twin Cities - like Champps only smaller) G:\Economic Development\Restaurant List.doc • 11-10A-1 11-10A-2 • CHAPTER 10 BUSINESS DISTRICTS ARTICLE A. B-1 LIMITED BUSINESS DISTRICT SECTION: 11-10A-1: Purpose 11-10A-2: Permitted Uses 11-10A-3: Permitted Accessory Uses 11-10A-4: Conditional Uses 11-10A-5: Interim Conditional Uses 11-10A-6: Development Standards 11-10A-1: PURPOSE: The B-1 Limited Business District is intended to provide a district which is related to and may reasonably • adjoin residential districts for the location and development of administrative office buildings and related office uses which are subject to more restrictive controls. (1971 Code § 28-58) 11-10A-2: PERMITTED USES: No structure or land shall be used except for one or more of the following uses, or uses deemed similar by the Council: 1. Art studios, interior decorating studios, photographic studios and music studios. 2. Banks and other financial institutions without drive-through facilities. 3. Barbershops or beauty shops. 4. Business offices. 5. Clinics for human care. 6. Collection offices or public utilities. • City of Cottage Grove w 11-10A-2 11-10A-3 7. Computer services and sales and the sale of office machines other • than at retail. It is the intent of this entry that such uses will be permitted where customers come to the office to observe demonstrations of the use of equipment, but that it does not permit retail sales or show rooms for walk-in trade. 8. Dance and/or music studios. 9. Employment agencies. 10. Funeral homes and mortuaries. 11. Medical and dental office/clinic services. 12. Municipal uses where the use conducted is customarily considered to be an office use. 13. Nursery schools and daycare centers. 14. Offices for administrative, executive, professional, research or similar organizations, and laboratories having only limited contact with the general public; where these uses are permitted, no merchandising is permitted to be sold on the premises. 15. Opticians and optometrists. • 16. Radio and television studios. 17. Tanning salons. 18. Travel bureaus/agencies. 19. Veterinary offices and clinics; provided, no kennels or treatment areas are located outside of the building. (1971 Code § 28-58) 11-10A-3: PERMITTED ACCESSORY USES: The following uses shall be permitted accessory uses: 1. Any incidental repair or processing necessary to conduct a permitted principal use. 2. Buildings temporarily located for purposes of construction on the premises, for a period not to exceed the time necessary to complete such construction. • City of Cottage Grove 11-10A-3 11-10A-4 • 3. Decorative landscape features. 4. Private garages, off-street parking and loading spaces as regulated by this Title. 5. Public telephone booths; provided, that all yard requirements are met. 6. Satellite or microwave dishes and the like, provided: A. The communication sending and/or receiving device is accessory to the primary use on the site. B. It is not located within any of the building setbacks adjacent to a public street. C. It is not located on the side or roof of the structure. D. Setbacks from other properties are at least equal to the height of the communication device. In no case shall the height exceed thirty five feet (35'). 7. Signs as permitted by the City. (1971 Code § 28-58; amd. 2000 • Code) 11-10A-4: CONDITIONAL USES: No structure or land shall be used for one or more of the following uses except by conditional use permit: 1. Accessory structures or uses other than those listed as permitted. 2. Electromagnetic communication facilities as regulated in Section 11-4-7 of this Title. 3. Essential service structures, including, but not limited to, buildings such as telephone stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. 4. Financial institutions having drive-through facilities. 5. Historical buildings, museums, art institutes, galleries and theaters for the performing arts. • City of Cottage Grove 11-10A-4 11-10A-5 6. Hospitals for human care; provided, that all buildings be located notIIP less than seventy five feet (75') from the lot line of any lot in a residential zoning district. 7. Nursing homes, congregate care, rest homes or retirement homes; provided, that the site shall contain not less than six hundred (600) square feet of lot area for each person to be accommodated. 8. Off-street parking when the principal site of the off-street parking abuts on a lot which is another B or I district and is in the same ownership as the land in the B or I district and subject to those conditions as set forth in this Title and such other conditions as are found necessary by the Council to carry out the intent of this Title. 9. Public, parochial and private schools, colleges and universities. 10. Radio and television towers, satellite dishes, microwave dishes. (1971 Code § 28-58; amd. Ord. 635, 9-18-1996) 11-10A-5: INTERIM CONDITIONAL USES: No structure or land shall be used for one or more of the following uses except by interim conditional use permit: 1. Any use, in the event there is a threatened involuntary conversion of • a parcel of land within a certain time; provided, that all owners, tenants and lessees waive all rights to relocation benefits and assistance or compensation for leasehold improvements installed pursuant to the conditional use, by written agreement satisfactory to the condemning authority. 2. Blacktop or crushing materials for roadway materials. 3. Carnivals, circuses or festivals. 4. Housing development promotional signs. 5. Stockpiling of material. 6. Tents or other temporary structures. (1971 Code § 28-58) • City of Cottage Grove 11-10A-6 11-10A-6 . 11-10A-6: DEVELOPMENT STANDARDS: A. Structure Height: No structure or building shall exceed thirty five feet (35') in height except as provided in this Title. B. Screening: Wherever a B-1 Limited Business District abuts or is across the street, but not on the side considered to be the front, from an R district, a screen not less than fifty percent (50%) opaque nor less than six feet (6') in height shall be erected and maintained in the front portion of the lot or along the side or rear property line that abuts the R district, except adjacent to a street, where it shall be not less than three (3) nor more than four feet (4') in height. C. Lot Requirements: 1. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications as set forth in this Title: Lot area 10,000 square feet Front yard 30 feet Lot width 100 feet Side yard, interior 10 feet Adjacent to an R district 30 feet Adjacent to a street 30 feet Rear yard 35 feet 2. Any area zoned B-1 shall include at least two (2) acres, unless the land is adjacent to an existing commercial area. (1971 Code § 28-58) S City of Cottage Grove 11-10B-1 11-10B-2 CHAPTER 10 • BUSINESS DISTRICTS ARTICLE B. B-2 RETAIL BUSINESS DISTRICT SECTION: 11-10B-1: Purpose 11-10B-2: Permitted Uses 11-10B-3: Permitted Accessory Uses 11-10B-4: Conditional Uses 11-10B-5: Interim Conditional Uses 11-10B-6: Development Standards 11-10B-1: PURPOSE: The purpose of the B-2 Retail Business District is to encourage retail sales and services by grouping businesses in patterns of workable relationships to minimize the influence • on surrounding residential neighborhoods by limitation and control of permitted uses. (1971 Code § 28-59) 11-10B-2: PERMITTED USES: No structure or land shall be used except for one or more of the following uses, or uses deemed similar by the Council: 1. Uses permitted in B-1 Limited Business District (Section 11-10A-2 of this Title), except funeral homes and mortuaries. �2. ) Agricultural purposes. 3. Animal hospitals or veterinary clinics, provided all phases of the business conducted upon the premises be within a building where noises and odors are not evident to adjacent properties. 4. Antique shops. 5. Apparel shops. • City of Cottage Grove 11-10B-2 11-10B-2 • 6. Appliance sales and service. 7. Art and school supplies. () Automotive accessories, excluding maintenance or service. 9. Bakery goods and baking of goods for retail sales on premises and limited distribution and catering. 10. Bicycle sales and repair. 11. Books, magazines and stationery and newsstands. 12. Business machine sales and repair establishments. 13. Camera and photographic supplies. 14. Candy, ice cream, popcorn, nuts, frozen dessert, soft drinks or confectionery stores, excluding drive-up type. 15. Carpet, rug, linoleum and floor coverings. 16. China and glassware. • 17. Christmas tree sales lots. 18. Clothing dry cleaning and laundry pick-up stations, including incidental pressing and repair. 19. Clothing stores, including dressmaking, millinery and tailor shops. 20. Commercial parking for passenger vehicles in accordance with Section 11-3-9 of this Title. 21. Costume and formal wear rental/sales. 22. Dairy products, retail only. 23. Delicatessens. 24. Department and variety. 25. Drugs. 26. Dry goods and fabrics. • City of Cottage Grove 4. 11-10B-2 11-10B-2 27. Electrical appliance sales and repair. • 28. Florists. 29. Frozen foods and meat markets but not including locker plants or meat slaughterhouses. 30. Fur goods. 31. Furniture, upholstering, picture framing, interior decorating studios. 32. Gifts. 33. Groceries. 34. Hardware. 35. Hobby supplies. 36. Indoor food, meat, fish, fruit, and vegetable markets. 37. • Jewelry, time pieces, collectibles, silverware sales and repairs. 38. Laundromats. • 39. Lawn and garden centers with no exterior storage and display. 40. Leather goods and luggage. 41. Locksmiths. 42. Municipal buildings and structures. 43. Music/record stores. 44. Musical instrument sales and repair. 45. Off-sale liquor. 46. Office supply and equipment. 47. Orthopedic and medical appliances. 48. Paint and wallpaper. City of Cottage Grove f 11-10B-2 11-10B-3 49. Pet shops, including grooming. 50. Photographic studios, including the development of film and pictures. 51. Postal substations and post offices. 52. Print shops/photographic copying. 53. Radio and television sales and service. 54. Restaurants, Classes 1, 2, and 3, except for drive-through. 55. Sewing centers, machine sales, and sewing classes. 56. Shoe sales and repair. 57. Sign shops, limited to over-the-counter retail sales of signs, banners or other related graphic imagery. 58. Signs in accordance with provisions of Title 9, Chapter 8 of this Code. 59. Sporting goods. • 60. Temporary buildings for construction purposes for a period not to exceed the completion date of such construction. 61. Video sales and rental. (1971 Code § 28-59; amd. 2000 Code) 11-10B-3: PERMITTED ACCESSORY USES: No accessory structure or use of land shall be permitted except for one or more of the following uses: 1. Any accessory use permitted in the B-1 District (Section 11-10A-3 of this Title). 2. Any incidental repair, processing or storage necessary to conduct a permitted principal use; provided, that such accessory use shall not occupy more than twenty percent (20%) of the gross floor area of the principal building. Automated car wash in conjunction with principal use. 4. Business signs as permitted. • City of Cottage Grove 11-10B-3 11-10B-4 5. Off-street parking and off-street loading. (1971 Code § 28-59) i 11-10B-4: CONDITIONAL USES: No structure or land shall be used for one or more of the following uses except by conditional use permit: Any conditional uses as permitted in the B-1 District (Section 11-10A-4 of this Title). 1. Accessory buildings and structures. 2. Auction establishments, indoors only (including storage), and not for livestock, motorized vehicles, or farm implement equipment. ® Commercial kennels with outdoor runs. 4. Commercial recreation uses as listed below: A. Amusement centers where mechanical, electrical and electronic games are played. Archery and shooting ranges. C. Driving ranges. • D. Miniature golf. E. Pool halls. F. Swimming pools. G. Tennis courts and handball courts, including racquetball and other racket games. H. Three (3) or more mechanical, electrical or electronic games. 5. Drive-through bank facilities. 6. Drive-through photo processing pickup. 7. Drive-through restaurants. 8. Electromagnetic communication facilities as regulated in Section 11-4-7 of this Title. • City of Cottage Grove 11-10B-4 11-10B-4 • Full-service car and light-duty truck washes. 10. Health and physical exercise clubs. 11. Lawn and garden centers having exterior storage and display, when in conjunction with principal use. ® Motor fuel stations. 13. Nonprofit lodges and clubs; provided, that they are not less than seventy five feet (75') from a residential district. 14. On-sale liquor stores and restaurants serving liquor, wine, or 3.2 beer. ® Open sales lots in conjunction with permitted uses. 16. Outdoor display of passenger automobiles for sale, lease or rental; provided, that a minimum of one indoor service bay is provided on the property. For purposes of this entry, an "indoor service bay" shall mean a fully enclosed structure that is structurally part of the principal building and allows for the parking of a passenger automobile(s) entirely within said building. Accessory use for repair • of passenger automobiles which are on the property for sale, lease and rental shall be limited to minor automobile repair. "Passenger automobile" shall mean any motor vehicle (including pick-up trucks and vans) designed and used for the carrying of not more than fifteen (15) persons, including the driver, and does not include motorcycles, motor scooters, boats, recreation vehicles, campers and/or trailers. diPublic, quasi-public and essential service structures that are not permitted uses, including, but not limited to, buildings such as telephone exchange stations, booster or pressure stations, lift stations, electric power substations and public utility uses. L)8 Recycling collection points, exterior storage. 19 Temporary outdoor promotional and merchandising activities (e.g., craft sales, food stands, car washes, flea markets, produce markets, and other activities/events deemed similar by the Community Development Director and not meeting Sections 5-5-1, 5-5-3 and 5-5-5 of this Code) lasting four (4) or more consecutive days and directed at the general public may be allowed as an accessory use • City of Cottage Grove 11-10B-4 11-10B-4 • on the premises of permitted and conditional uses, subject to the • following performance standards: A. The outdoor event activity shall not be more than once per week. B. Tents, stands, and other similar temporary structures and temporary vehicles and mobile equipment may be utilized, provided they are clearly identified on the submitted plan, and provided that it is determined by the Director of Community Development that they will not impair parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicle traffic on or off the site. C. The submitted plan clearly demonstrates that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Director of Community Development who shall consider the nature of the event and the applicable parking requirements of this Title. D. Parking on public rights of way and streets is prohibited. E. The activity or event shall not interrupt vehicular circulation on the site or obstruct parking spaces needed by permanent businesses established on the site. • F. Shall have written authorization from property owner. G. The business operator shall secure all applicable licenses and approvals from the City, Washington County, or other appropriate jurisdictions. H. Signage related to the event shall be in compliance with the City's Sign Ordinance. I. All sales must be conducted at least thirty feet (30') from the right- of-way line of any street and one hundred feet (100') from any developed property zoned for residential use. J. Hours of operation shall be limited by permit based upon location and proposed activity. K. Adequate sanitary facilities are provided on-site. L. No permanent or temporary lighting shall be installed without an electrical permit and inspection. • City of Cottage Grove 11-10B-4 11-10B-6 • M. The site shall be cleared of all debris and all temporary structures at the end of the event. N. The display of items shall be limited to representative samples and arranged in a compact manner as reasonably practicable. O. The conditional use permit shall be valid for a period not to exceed three (3) years from the date of approval. 20. Theaters, indoor. (1971 Code § 28-59; amd. Ord. 635, 9-18-1996; Ord. 665, 6-16-1999; 2000 Code) 11-10B-5: INTERIM CONDITIONAL USES: No structure or land shall be used for one or more of the following uses except by interim conditional use permit: 1. Any interim conditional uses as permitted in the B-1 District (Section 11-10A-5 of this Title). 2. Seasonal sales of landscaping materials or the like. (Ord. 665, 6-16-1999) • 11-10B-6: DEVELOPMENT STANDARDS: A. Building Height: No limit shall be placed on the height of buildings in the B-2 District; except, that buildings over thirty five feet (35') shall be subject to receiving a conditional use permit as set forth in this Title. B. Screening: Wherever a B-2 Retail Business District abuts an R district, a screen not less than fifty percent (50%) opaque nor less than six feet (6') in height shall be erected and maintained along the side or rear property line that abuts the R district, except adjacent to a street, where it shall be not less than three (3) nor more than four feet (4') in height. C. Lot Requirements: 1. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications as set forth in this Title: Front yard 30 feet • City of Cottage Grove 11-10B-6 11-10B-6 Lot width 100 feet Side yard, interior 10 feet Adjacent to an R district 30 feet Adjacent to a street 30 feet Rear yard 35 feet Abutting an R district 75 feet 2. Any area zoned for B-2 use must include at least two (2) acres, unless the land is adjacent to an existing commercial area. (1971 Code § 28-59) • • • City of Cottage Grove 30 ZONING ORDINANCE SECTION 300.30 • PAGE 269 { 4) Monument area shall not exceed 1.5 times the permitted copy and graphic area. 5) Multi-tenant buildings shall display the name of the shopping center only. Limited tenant businesses may display one tenant identification and corresponding logo per tenant. Buildings with multiple screen theaters may display movie titles and ratings. No product or service advertising is permitted. 6) Signs may be single or double faced. 7) Signs which are not internally illuminated shall have light fixtures and sources screened from views. b) Wall Mounted Signs: 1) Multi-tenant Wall Signs: a. Each tenant is permitted tenant identification and one logo which shall not include product advertising except as part of the tenants trade III name or logo. b. Tenant identification shall be individually mounted and internally illuminated letters. Wall signs not containing individually mounted letters may be approved by the City if all signs are of a similar design and incorporated into the architecture of the principal structure. (Figure 30-19)( .3d/9� o rEEE1//siri=j-N_SIGN S1GN a--- i1■ 1112i► ILE 1 : [ 1 Ern c. Each tenant is permitted one logo which shall not exceed 36" high by 36" wide. (Figure 30-20) P?'wak./eller fieyg ht 1 .00,4.PV Ca WiCf 4oQr- box. _ t 1 ( I iI$lMII - ILJE1iiI1 [nfl U� i • ■ .r■. . ■s EN o o �■ . ,■. .,0 60430-Z0) r ZONING ORDINANCE SECTION 300.30 • PAGE 270 d. The vertical dimension of the tenant identification shall not exceed 26" in height. Heights may be revised based on unique circumstances, such as extraordinary distance from right-of-way or unusual building configuration, when determined by the Planning Commission that signs would not be readable from adjacent public right-of-way according to commonly accepted industry standards. e. Each tenant sign shall be installed within a 26" high designated horizontal band. The band shall be of uniform background consisting of building surface, facade, or treatment. The sign band and letter height may be modified upon approval of the Planning Commission to allow for architectural integration of the tenant sign. Consideration will be given to the proportional relationship of the sign width and height to the scale of the building. f. Each tenant sign shall not extend closer than two feet from the tenants lease line. g. All letters in a tenant identification shall be of • uniform colors, not to exceed two, except for logos which may be multicolored. A multicolored logo must comply with the restrictions in paragraph c. above. h. The Planning Commission may recognize separate sign plans for multi-tenant buildings which will supersede the ordinance. The sign plans which have been approved by the Planning Commission will have the effect of a sign ordinance for the specific property. 2) Limited Tenant Wall Signs: a. Size of signage is determined by gross square footage of principal structure on property. b. The following table indicates maximum signage permitted for limited tenant buildings: • • ZONING ORDINANCE SECTION 300.30 • PAGE 271 ::.r}};r}::.v:.vxyv:•:;.v.. :{{::r::•:•}}}}:•,:ii'k<4;S:t:::::{{•i:{r' cture .r. ? {,.,. r..,. .::•:::. -:: ...::r.•::k{.:.;:Mem:;}., .;;:{,:.-:.::}}:!.+.•;::;•+}`:•:::..;::.:}:•}r::�:..:r•.:;{::.::;�::•::..........r. .x.,.:�{:: r;}.:•mak}}:.:.::•'•:•:•i:•}:•};} N. ...trnvnA....•„ y^ ,• ,y v. ... �v:.t:., .aC.y. :.. ....:... I ota 1111111111111111111111111111 ,v :vvx•:: ... i w iv : D...rn�• o • -meaMv : rs+ v •::'i•r : vxnxsrvvwrLvvk :ivdti • iiri 100,000 -400,000 sq. ft. 200 sq. ft. or 10% of wall face 300 sq. ft. whichever is less 20,000- 100,000 sq. ft. 150 sq. ft. or 10% of wall face 240 sq. ft. whichever is less Less than 20,000 sq. ft. 100 sq. ft. or 15% of wall face 150 sq. ft. whichever is less • c. Wall signs shall not include product advertising. Wall signs shall include tenant identification, tenant logo, shopping center name, shopping center logo, or any combination of the four. c) Hotel Signs: Because of the need for high visibility and the variety in size and shape of hotel structures, variances will be considered but not necessarily granted. 1) Preestandinct Signs: a. one monument sign, except that a second monument sign may be allowed if the property has frontage and access on two arterial streets: b. 15' maximum monument height; and c. 60 square feet maximum copy and graphic area. 2) Wall Signs: a. individually mounted and internally illuminated letters; • City of Cottage Grove Memo To: Economic Development Authority Members From: Michelle Wolfe, Assistant City Administrator Date: 4/4/2003 Re: Authorize Appraisal for West Point Douglas Stormwater Holding Area BACKGROUND In the 1997 Surface Water plan, Engineering determined that the low area between Highway 61 and the Burlington Northern Sante Fe (BNSF) railway north of 80th/Grange should become a multi-celled storm water holding area. Within this area there are currently four property owners, two of whom are MNDOT and the City of Cottage Grove. 111 In 1999 the City became aware that one of the private party properties was available for purchase. As such the City Council authorized staff to negotiate toward acquisition of three parcels totaling 21.9 acres of mostly wetland. Staff made a purchase offer for this property on June 3, 1999 in the amount of $61,000 but was outbid by Eller Media Company (Clear Channel). The new owner purchased the property in order to secure its leases for outdoor advertising, which at that time were due to expire on October 15, 2006. Clear Channel, the current owner would be interested in selling either fee or easement ownership of this property as long as its existing use of the property is not altered. The final property within this area is a 4.208 acre parcel owned by Joe-Bob Properties out of Hastings. This property had also turned over ownership within the past few years and has an estimated market value for tax purposes of$137,500. The owner has expressed an ongoing interest in development of this parcel. The parcel does have several development challenges in that it is only partially in the MUSA, is somewhat low and cannot be serviced by municipal sewer without a sewer lift station. The property does not currently have roadway access. The City is the fee owner of the property to the south, through which any access would be taken. It is on this property and that already owned by the City for which regional ponding is most readily achieved. As discussions have proceeded about various development opportunities for the Gateway North area, it has been noted that there will be a need for stormwater holding. • One possible solution is to make use of the properties described above. As noted, the City owns some property, but in order to create a parcel of adequate size would need to acquire additional property. G:\Economic Development\E D A\Documents\2003\April JT Storm appraisal.doc DISCUSSION • There are two parcels that would be necessary for an adequately-sized holding area. The concept is to create an area large enough to accommodate a large portion of the potential development yet to occur (for example, on the Fratalone property), and for this area to be constructed as a community amenity with trails or other passive-park features. A map of the area is enclosed in your packet. In order to evaluate the feasibility of acquiring the necessary property, it would be helpful to obtain appraisals. Staff is requesting EDA authority to proceed with obtaining an appraisal of the properties in question. Once the appraisals are obtained, the information can be brought back to the EDA for consideration. ACTION REQUESTED Authorize staff to obtain appraisals of property desired for creation of a water holding area in the Gateway North Development District. • • G:\Economic Development\E D A\Documents\2003\April JT Storm appraisal.doc y ♦0.NsaL4{„, ., ; , 0 �.� � :; `, f \ up . - '7'47-"''' :Ir'r4,-:::14r..X....:. ' "•••• ‘ ii,,,%;41115.""‘-' Itt fp'.4`,.. -:krive."•4;Zi3t.'N41.4s1' -1‘elf••' — 1 "I''''.144 •W ' tt T "Atj c. __,Iii fib. J �" r 4 t. �� (( ..4` = IF4.,.�+- . ! II 1�1 ,J T if t 555... .4 .444"-14,447Z -"– -- rte`.fpr �Y ? %A.~' .-,-,C4'-o,,,,-.41,-4.1,-.4 [ SiiF. {1 „,,�1 �...� �j2 ,iipt , ,v, vizi, or s,-- . . zo.;,...,Na, _ _-, _ :, rt--„it.....,..n.i._„7„....v,..,-;:4 --'4v*-yrs ",gaviit tit:ii - • e -1 ' .' ts'`:, .;as,_• x^�k If r ` � 410';'A44 pid't 54 ra• , 4,.k:2,0, 0„,,LtrS rici,.. .41 ' ..' le.., 11.6r,A.' q. 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"y,,��_ . �y: '.mac b `✓ •��Y � ;,, A, ,A ), %.,..t.A,,41„.40:V4kiii,\'''''+--*, *it -44.„---4:4,11 .:ili ,.....N ' -sl.,..,',.. ,.:. , f 7.'..-u...-_---N-.0,... ..,,,E,w-- 0 • .01111 �.* *. �► *. it i� 4 4-1e.,1-,;,,":” ; itA A - —ilk -440.,,,*v. adlill kw.,;Jr ''',:An' 1,;,,45;4111/ ,t.N. .• .._ .124: _ ,_ -' 4- -4'-,,, li 4, '-'!..- ''' .' ioriiit wit .kieliiy?. 4 qhs: �• r I a- L iF�1 r I 7 '+ *M °�' .,f,„ a --ACq 4,..".;/" ry. ‘Ntk., 1. , ...... , .., .0 -...,,,- , 4k,,,* _. - ,•,‘ :', .,, -• • ,. ,--, e . 4! % ' - - iiS1 ,11.. �`a,„i.''.:"y 1'� ="7... ga r.,f " -4' .$�' C\ ' :',..-1. • a, 15 ..A, _ js + '-i,--•,:-. \�,' i. • `\ .-i<, alto A > arAi e-, -_,,:r.,,,-,,,.45_-,...„..„,.,k.wi„l,-.-t,.-,-.„48••0..1,—.,,V..-.4.„.,ii..,_„ -,-:'4r4..-4r.. 0 , * , _.,„,, ,...,,,„ ...4_,„; ,....,,,,„,, ....-- .4 _,„ ,..„,...,,.,,,„. .,.. ,..,, ,,,,,„, ,. .. sr.; ,. .._:„,, ,,. 4. ..--.. , _-_ , t SURFACE WATER MANAGEMENT DETAIL MAP 4-4-03 City of Cottage Grove Memo To: EDA Members From: Michelle Wolfe, Assistant City Administrator Date: April 4, 2003 Re: Purchase Agreement with US Bank Attached is a report prepared by Steven Barrett regarding the purchase agreement with US Bank for a "land swap" necessary for the construction of Hardwood Avenue. Staff has been working on this agreement for several months and was able to obtain a signed agreement • ACTION REQUESTED By motion, ratify the agreement with US Bank. Attachment • City of Cottage Grove 111 Memo To: ECONOMIC DEVELOPMENT AUTHORITY From: Steven Barrett, Management Analystlye Date: Thursday, April 3, 2003 Re: PURCHASE AGREEMENT— US BANK Item 4(B)(ii) On January 14, 2003 the EDA approved the framework for a Purchase Agreement with US Bank, where a "land swap" would take place to facilitate the construction of the new Hardwood Ave. within the Gateway Development District. Negotiations continued with attorneys at US Bank until a deal was ultimately signed on March 18, 2003. A copy of the final agreement is attached, and can • be summarized as follows: 1. Land Swap. A map showing the land swap agreement is attached. The Bank and EDA will be trading small parcels of land to facilitate the construction of Hardwood Ave and Kohis Department Store. In effect, the EDA will give the bank a portion of the current East Point Douglas Rd. (labeled as "EDA Property" on the map) which abuts the Bank property. This parcel amounts to approximately 16,000 square feet. In exchange, the Bank will give the EDA two parcels. The first is a small parcel north of East Point Douglas Rd., amounting to 10,200 square feet ("Bank Parcel — 1"), and the second is a small sliver of land on the southeast corner of the Bank property which is needed for the new Hardwood Ave. (Bank Parcel — 2.") This parcel amounts to approximately 3,300 square feet. 2. Access Easement. As part of the Purchase Agreement, the Bank and EDA have agreed on an Access Easement to provide access to the new Hardwood Ave. The location of the access easement is shown on the attached map. 3. Reasonable Access. Throughout the construction of Hardwood Ave. and Kohis, the City agrees to provide the Bank reasonable access for their employees and customers. • 4. Subdivision Approval. The City agrees to prepare and submit all necessary • documents for the preliminary and final plat approval, at no cost to the Bank. 5. Closing Costs. The EDA is responsible for all closing costs, but each party will pay their own attorney's fees. 6. Right of Entry. The Agreement provides the City a right of entry onto the Bank parcels referenced in the agreement prior to closing in order to begin preparations for Hardwood Ave. construction. • • ... S ATTACHMENT Sketch Showing Locations of Parcels and Easements • -i-------•-••••••--- ----------• -.......„ \ ...„.„__..._„_.....„......_..........._..„„......,....,.....,....,_......,.................... 17, ............: --..... 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Parcel B C Parcel A Bank Sale Property—2 immi .ii•iiIIII!lili , I 1 .., . . • 80TH STREET --------- ..„........................._.............._ S • PURCHASE AND LAND EXCHANGE AGREEMENT This Purchase Agreement (the "Agreement") is made this day of December 2002 by and among U.S. Bank National Banking Association, organized under the laws of the United States (the`Bank") and Cottage Grove Economic Development Authority, a public body corporate and politic under the laws of Minnesota (the "EDA") and City of Cottage Grove, a Minnesota municipal corporation("City"). 1. RECITALS; PROPERTIES AND EASEMENTS. A. Survey. The parties acknowledge that no ALTA or similar survey was performed relating to the properties that make up this Agreement. The legal descriptions and Exhibits herein shall represent the properties and parcels relating to this Agreement. In the event of any discrepancy between the legal descriptions and the Exhibits contained in this Agreement, the EDA agrees to rectify and repair any such discrepancy in order to meet the remaining terms and conditions of this Agreement. B. Bank Parcels A, B and C. The Bank, according to the title commitment prepared by Old Republic National Title Insurance Company, is the fee owner of three parcels of real estate (respectively, "Bank Parcel A," `Bank Parcel B" and "Bank Parcel C") located in Washington County, Cottage Grove,Minnesota, each of which • is legally described on the attached Exhibit A. Bank Parcel A is tax parcel no. 08- 027-21-33-0023, Bank Parcel B is tax parcel no. 08-027-21-33-0026, and Bank Parcel C is tax parcel no. 08-027-21-34-0006. The general locations of Bank Parcels A,B and C are depicted on the attached Exhibit G. C. Bank Sale Property. The EDA desires to purchase a portion of Bank Parcel A, which portion is legally described on the attached Exhibit B (the "Bank Sale Property— 1"), and a portion of Bank Parcel C which is legally described on the attached Exhibit E (the "Bank Sale Property — 2") The general location of Bank Sale Property— 1 and Bank Sale Property— 2 are depicted on the attached Exhibit G. D. Bank Remainder Property. After the completion of the transfer contemplated by this Agreement, the Bank will retain ownership of Bank Parcel B, the remainder of Bank Parcel C, and the remainder of Bank Parcel A, described on the attached Exhibit C, (the "Bank Remainder Property") and shall have ownership of the EDA Property, described on the attached Exhibit D. The general location of the Bank Remainder Property and the EDA Property is depicted on the attached Exhibit G. E. EDA Property. The EDA has initiated eminent domain proceedings to acquire fee simple title to certain real estate (the "EDA Property") located in Washington County, Cottage Grove, Minnesota, legally described on the attached Exhibit D. • The general location of the EDA Property is depicted on the attached Exhibit G. CAH-218803v3 1 CT165-18 F. Redevelopment Project. The EDA has undertaken a redevelopment project under • which it proposes to assemble the Bank Sale Property and other real estate (the "Project Property") to facilitate the development of the assembled Project Property with a retail shopping store, to be owned by Kohis Department Stores, Inc. (the "Project"). The Project boundaries are depicted on the attached Exhibit G-l. G. Access Easement. In conjunction with the Redevelopment Project,the City expects to vacate East Point Douglas Road adjacent to the Bank Parcels A and B, with the intention that the underlying fee title in that right of way will ultimately reside in Kohls Department Stores, Inc. As a result, the westerly portion of the Bank Remainder Property (Bank Parcel B and the remaining portion of Bank Parcel A) will no longer have direct access onto a public street, but the easterly portion of the Bank Remainder Property (Bank Parcel C) will retain direct access onto realigned Hardwood Avenue. The Bank desires to have a permanent easement over and across the Project Property for purposes of providing ingress and egress between the westerly portion of the Bank Remainder Property Bank and realigned Hardwood Avenue (the "Access Easement"). The Access Easement is legally described on the attached Exhibit F and is depicted on the attached Exhibit G. H. Reasonable Access. The City agrees to provide the Bank with reasonable public access to the Bank Remainder Property through completion of the Redevelopment Project. Such access shall provide reasonable means of ingress and egress for Bank • employees and customers, shall allow Bank to continue to operate its retail branch bank and drive thru operations from the Bank Remainder Property at all times and shall be paved and striped in accordance with the acceptable road construction standards relating to the Redevelopment Project. The City agrees to develop, construct and provide the Bank Remainder Property, at the City's sole cost and expense, with the final and permanent ingress and egress entryways and driveways, which shall be paved and striped in accordance with the acceptable road construction standards relating to the Redevelopment Property, as shown on Exhibit G-2 attached hereto and made a part hereof. Overview of Agreement The parties have agreed that the Bank will convey the Bank Sale Property to the EDA and will also convey the Hardwood Avenue Easement to the City, in exchange for which the EDA will convey the EDA Property and the Access Easement to the Bank, subject to the terms, conditions and contingencies set forth in this Agreement. 2. OFFER/ACCEPTANCE. In consideration of the agreements herein contained, Bank agrees to sell and convey the Bank Sale Property and all improvements thereon to the EDA and agrees to sell and convey the Hardwood Avenue Easement to the City. In consideration for those conveyances, the EDA agrees to sell and convey to Bank the EDA Property and the Access Easement,pursuant to the terms of this Agreement. 3. VALUE OF CONSIDERATION. For purposes of determining deed taxes payable on • the conveyances to be made under this agreement, the parties agree that the value of the Bank CAH-218803v3 2 CT165-18 • Sale Property is $27,096.00, that the value of the EDA Property is $32,148.00, and the value of the Access Easement is $5,052.00. 4. CONTINGENCIES. A. This Agreement is contingent upon the approval of the EDA's board of commissioners and the City's city council within thirty (30) days of the date that Bank executes and submits the Agreement to EDA and City. The EDA agrees to provide written notice to the Bank upon approval within fourteen (14) days of the date of the EDA board of commissioners and the city council's approval. If either the EDA's board of commissioners or the City's city council does not approve this Agreement within thirty(30) days of submission, this Agreement shall be deemed automatically null and void and of no further force or effect and each of the parties shall immediately execute a written acknowledgement that this Agreement has been terminated in its entirety. B. This Agreement is contingent upon the ability of the EDA to acquire fee simple title to the EDA Property and the property to be encumbered by the Access Easement, upon terms and conditions that are acceptable to the EDA in its sole discretion. The EDA agrees to provide the Bank with written notice of acquiring said properties within fourteen (14) days of acquiring said properties. If no such notice is received • by the Bank by June 30, 2003, this agreement shall be deemed automatically null and void and of no further force and effect. C. This Agreement is contingent upon the EDA obtaining the subdivision approval as provided in paragraph 5 of this Agreement. The EDA agrees to provide the Bank with written notice of obtaining the approval within fourteen (14) days of acquiring said approval. If no such notice is received by the Bank by June 30, 2003, this agreement shall be deemed automatically null and void and of no further force and effect. 5. DOCUMENTS TO BE DELIVERED AT CLOSING. A. At Closing Bank shall deliver to EDA: 1. A Quitclaim Deed conveying title of the Bank Sale Property to the EDA - with no representations or warranties relating to the marketability of such property. 2. Standard form Affidavit of Seller. 3. Such other documents as may be reasonably required by EDA's title examiner or title insurance company. 110 B. At Closing,Bank shall deliver to City: CAH-218803v3 3 CT165-18 1. Instrument conveying the Hardwood Avenue Easement, in a form • substantially similar to the attached Exhibit H. C. At Closing, EDA shall deliver to Bank: 1. A Warranty Deed conveying marketable title to the EDA Property to the Bank free and clear of all liens and encumbrances except the following items (allowable encumbrances): a) Building and zoning laws, ordinances, state and federal statutes or other governmental regulations; b) Real estate taxes and special assessments for which the EDA is responsible; c) Easements and restrictions of record which do not interfere with the present use of the real property; and d) Reservation of any minerals or mineral rights in the State of Minnesota. 2. Standard form Affidavit of Seller. . 3. Instrument conveying Access Easement, in a form substantially similar to the attached Exhibit I. 4. Abstract of Title,if in the possession of the EDA; 5. Such other documents as may be reasonably required by EDA's title examiner,title insurance company, or the Bank. 6. SUBDIVISION APPROVAL. The sale of Bank Sale Property— 1 involves the division of an existing tax parcel, no. 08-027-21-33-0023. The sale of Bank Sale Property— 2 involves the division of an existing tax parcel, no. 08-027-21-34-0006. The EDA agrees, at its sole cost and expense, to obtain the necessary subdivision approvals for the division of these tax parcels in order to effectuate the transaction contemplated by this agreement. The EDA further agrees that it will prepare and submit to the City of Cottage Grove an application for preliminary and final plat approval that will replat the Bank Property and the EDA Property, after the EDA has acquired fee title to the EDA Property. The Bank agrees to cooperate with EDA in obtaining such approvals at no cost to the Bank. The parties acknowledged that the replat contemplated by this paragraph may not occur until after the closing contemplated by this agreement, and the provisions of this paragraph shall survive closing. If the replat occurs prior to closing, the parties agree to modify the legal descriptions of the properties affected by this Agreement to conform to the platted legal descriptions. At its sole discretion, City may agree to accept the Hardwood Avenue Easement by • dedication in the plat rather than by conveyance by separate easement instrument. CAH-218803v3 4 CT165-18 • 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. The real estate taxes due and payable in the year of closing shall be prorated between the parties as of the Closing Date, with respect to the conveyance of the Bank Sale Property and the EDA Property. The parties agree that the taxes attributable to the Bank Sale Property— 1 are 25%of the total taxes for Bank Parcel A, which shall be prorated between the parties as provided in this paragraph, and that the Bank will pay the remaining 75 % of taxes payable on Bank Parcel A. With respect to Bank Sale Property—2 , the parties agree that the taxes attributable to the Bank Sale Property—2 are 8% of the total taxes for Bank Parcel C, which shall be prorated between the parties as provided in this paragraph, and that the Bank will pay the remaining 92% of taxes payable on Bank Parcel C. With respect to the Access Easement, the party retaining the underlying fee title to the land encumbered by the easement shall be responsible for payment of all real estate taxes. B. EDA shall pay the real estate taxes due and payable from the effective date of the Right of Entry and thereafter for Bank Sale Property— 1 and Bank Sale Property—2. Bank shall pay the real estate taxes due and payable from the Closing Date and thereafter for the EDA Property. C. Bank shall pay all special assessments for Bank Parcel A, whether pending, levied 111 or otherwise prior to or on the Closing Date. EDA shall pay all special assessments to the EDA Property, whether pending, levied or otherwise prior to or on the Closing Date. 8. TITLE AND REMEDIES. EDA has obtained a commitment for title insurance for Bank Sale Property— 1 and Bank Sale Property—2, and has provided a copy of the same to Bank. EDA agrees to accept title to Bank Sale Property— 1 and Bank Sale Property—2 subject to the exceptions shown in that title commitment, No. OR989611-C (Supplemental No. 1), issued by Old Republic National Title Insurance Company. Bank acknowledges receipt from EDA of a title commitment for the EDA Property and other land, No. OR994610-C, issued by Old Republic National Title Insurance Company, with an effective date of May 1, 2002. EDA has commenced an eminent domain action to acquire fee simple title to the EDA Property. At the time of Closing, EDA agrees to obtain and pay the premium for an owner's policy of title insurance in the amount of$32,148.00, naming Bank as the insured owner of fee simple title absolute, subject only to those exceptions identified at paragraph 5.C. above, including the Access Easement. 9. CLOSING. The closing ("Closing") of the transactions contemplated by this Agreement shall take place at a date to be mutually agreed upon by the parties after the EDA has acquired fee simple title to the EDA Property, but in no event later than 30 days after the EDA provides written notice that is has acquired fee title to the EDA Property and makes a written demand to proceed with Closing. The Closing shall take place at the offices of the EDA, 7516 80th Street South, Cottage Grove MN 55016-3195 or such other location as mutually agreed upon by the parties. CAH-218803v3 5 CT165-18 10. CLOSING COSTS AND RELATED ITEMS. EDA will be responsible for all closing • costs, including title search, title commitment and title insurance premium costs, recording costs, and other state deed taxes. Each party shall be responsible for its own attorneys fees. 11. NO PARTNERSHIP OR JOINT VENTURE CREATED HEREBY. Nothing in this Agreement shall be interpreted as creating a partnership or joint venture among the Bank, EDA or City relative to the Project. 12. RIGHT OF ENTRY. The parties acknowledge that the Closing may not occur for several months and that the EDA and City require possession of Bank Sale Property— 1 and Bank Sale Property—2 no later than March 6, 2003. Bank hereby grants to EDA the right to enter onto Bank Sale Property— 1 and Bank Sale Property—2 for the purpose of undertaking activities related to the Project. The right of entry granted under this paragraph shall be effective 10 days after the City or EDA provides written notification to Bank of its intent to make use of its respective right of entry. The EDA shall hold the Bank harmless from and against any and all damages, liability, fees, penalties and claims, including without limitation, those for personal injury, wrongful death or property damage arising out of or related to the use of such Right of Entry. It is expressly agreed by the parties that if(a) the EDA or City takes possession of Bank Sale Property — 1 or Bank Sale Property—2 under a right of entry granted by this paragraph and (b) the Closing contemplated by this Agreement does not occur for any reason, the Bank shall be entitled to compensation for any use of Bank Sale Property— 1 or Bank Sale Property— 2 under the right of entry. If the affected parties are unable to reach a negotiated agreement regarding the amount to be paid to Bank for use • under the right of entry, the City or EDA shall commence condemnation proceedings for the purpose of determining the just compensation to be paid to Bank. In any such condemnation proceeding, the effective date of taking shall be the effective date of the right of entry;however, the EDA and City retain the sole discretion to determine whether the taking shall be permanent or temporary. 13. DAMAGES TO REAL PROPERTY. For purposes of this paragraph and paragraph 14, EDA is deemed the "Seller," Bank the `Buyer"and the EDA Property the "Property"with respect to the transfer of the EDA Property to Bank, and Bank is deemed the "Seller," EDA the `Buyer" and the Bank Sale Property the "Property"with respect to the transfer of the Bank Sale Property to EDA. In the event that the Property is destroyed or substantially damaged by fire or other casualty before the Closing Date, this Agreement shall be null and void at the Buyer's option and all sums paid by Buyer to Seller pursuant hereto shall be promptly refunded to Buyer. In the event that the Property is less than substantially damaged by fire or any other cause on or before the Closing Date, then Property shall be promptly and diligently repaired, and if repairs cannot be completed by the Closing Date, then at the option of either party, the Closing Date may be postponed until repairs are completed. In the alternative, and at Buyer's sole option, the parties may proceed to closing and Buyer may accept the Property in its damaged condition. • CAH-218803v3 6 CT165-18 • 14. ENVIRONMENTAL MATTERS. EDA represents that, to its knowledge, no toxic or hazardous substances have beenenerate g d, treated, stored, released or disposed of, or otherwise deposited in or ed ep located on the EDA Property, including without limitation, the surface and subsurface waters of the EDA Property. To EDA's knowledge, there are no substances or conditions in or on the EDA Property that would support a claim or cause of action under an Environmental Law. Further, EDA agrees to defend and indemnify Bank against any claims, causes of action, or costs (including response costs, remedial action costs, cleanup costs and expenses) arising under any Environmental Law, caused by or attributable to the existence of toxic or hazardous substances on the EDA Property as of the date of Closing; provided, that any such claim, cause of action or cost must be brought or incurred and Bank must tender such claim, cause of action or cost to EDA in writing within five years of the date of Closing. 16. CUMULATIVE RIGHTS. Except as may be otherwise provided elsewhere herein, no right or remedy herein conferred on or reserved to any party is intended to be exclusive of any other right or remedy provided herein or by law, but such rights and remedies shall be cumulative and in addition to every other right or remedy given herein or elsewhere or hereafter existing at law in equity,or by statute. 17. BROKER COMMISSIONS. Each party represents and warrants to the other parties that there is no broker involved in this transaction with whom the warranting party has negotiated or to • whom the warranting party has agreed to pay a broker commission. Each party agrees to indemnify the other parties for any and all claims for brokerage commissions or finders' fees in connection with negotiations for the purchase and sale of the Bank Sale Property or EDA Property arising out of any alleged agreement or commitment or negotiation by the indemnifying party. 18. NO MERGER OF REPRESENTATIONS, WARRANTIES. No representations or warranties contained in this Agreement shall be merged into any instruments or conveyance delivered at Closing,and the parties shall be bound accordingly. 19. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire agreement among the parties, and no other agreement prior to this Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by the parties or their respective successors or assigns. 20. BINDING EF'F'ECT; ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. 21. NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as • follows: a. If to Bank: US Bank CAH-218803v3 7 CT165-18 1110 Attn: Jeff Shea 800 Nicollet Mall,21St Floor BC-MN-H21N Minneapolis,MN 55402 With a copy to: US Bank Properties Attn: Marsha Ward 4480 Emerald Ave. Cincinnati,OH b. If to EDA: Cottage Grove Economic Development Authority 80th Street South Cottage Grove MN 55016-3195 Attn: Executive Director FAX: (651)458-2897 With a copy to: Kennedy&Graven, Chartered 470 Pillsbury Center 200 South Sixth St. Minneapolis,MN 55402 Attn: Ron Batty c. If to City: Ciof Cottage Grove • 80thStreet South Cottage Grove MN 55016-3195 Attn: City Administrator FAX: (651)458-2897 With a copy to: Kennedy&Graven, Chartered 470 Pillsbury Center 200 South Sixth St. Minneapolis,MN 55402 Attn: Corrine Thomson 22. CAPTIONS, HEADINGS OR TITLES. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of the Agreement or a limitation of the scope of the particular paragraphs or sections to which they apply. 23. REFERENCE TO GENDER OR NUMBER. Where appropriate, any reference to the masculine gender may be read as referring to the feminine gender or neuter gender and vice versa, and the singular may be read as including the plural, and vice versa. 24. COUNTERPARTS. This Agreement may be executed in any number of counterparts, • each of which shall constitute one and the same instrument. CAH-218803y3 8 CT165-18 MAR-1B-2003 09:01 US BANCORP LEGAL 512 303786E P. 10/25 • AT WITNESS WHEREOF, the parties have executed thiseatof the above. a as date written U.S.B= -• ;v..• _ . : TION Its "cAfiatrt.P COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY By I =� �. ;IAyliNi Vi. .(r __X I ve Director crrY OF COTTAGE GROVE 11 . By i�..r�� , ��!�Ar- !_. Its Mayan• By Its City Clerk • cr165-3 9 1. EXHIBIT A • Legal Descriptions of Bank Parcels A, B and C Parcel A That part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, described as beginning at a point on the East line thereof distant 445.50 feet North from the Southeast corner of said Southwest Quarter of Southwest Quarter; thence Southerly along said East line 445.50 feet to said Southeast corner; thence South 89 degrees 37 minutes West, assumed bearing, along the South line of said Southwest Quarter of Southwest Quarter 270 feet; thence North 0 degrees 23 minutes West 300 feet; thence North 89 degrees 37 minutes East 122.45 feet; thence North 0 degrees 05 minutes 02 second East 145.50 feet more or less to the intersection with a line drawn Westerly, parallel with the South line of said Southwest Quarter of Southwest Quarter from the point of beginning; thence Easterly along said parallel line 150 feet more or less to the point of beginning, except All that part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 37, Range 21, described as follows: Commencing at the Southeast Corner of said Southwest Quarter of the Southwest Quarter; thence Westerly along the South line of said Section 150 feet; thence North 300 feet; thence East 150 feet to the Easterly line of said Southwest Quarter of the Southwest Quarter; thence South 300 feet to the point of beginning, and also excepting that part of the originally described premises lying Southerly of a line described as beginning at the Southeast corner of said Southwest Quarter of Southwest Quarter; thence South 89 degrees 37minutes West, assumed bearing along the South line of said Southwest Quarter of Southwest Quarter 270 feet; thence North 0 degree 23 minutes West 50 feet to the point of beginning of the line to be described; thence Easterly to a point being 50 feet North of the South line and 150 feet West of the East line of said Southwest Quarter of Southwest Quarter and there terminating except for the South 33 feet of the originally described tract of land, according to the United States Government Survey thereof and situated in Washington County, Minnesota. Parcel B All that part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, described as follows: Commencing at the Southeast corner of said Southwest Quarter of the Southwest Quarter; thence Westerly along the South line of said Section 150 feet; thence North 300 feet; thence East 150 feet to the Easterly line of said Southwest Quarter of the Southwest Quarter; thence South 300 feet to the point of beginning; except the North 17 feet of the South 50 feet thereof, according to the United States Government Survey thereof and situate in Washington County,Minnesota. • CAH-218803v3 CT165-18 A-1 • Parcel C That part of the South 300 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, lying Southwesterly of a line 35 feet Southwesterly of the following described line: Beginning at a point on the South line of said Southeast Quarter of the Southwest Quarter distant 1010.23 feet West from the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence Northerly and at a right angle to said South line a distance of 100 feet; thence Northwesterly 117.81 feet along a tangential curve to the left having a radius of 100 feet and a central angle of 67 degrees 30 minutes; thence Northwesterly 264.95 feet, more or less, to a point on the West line of said Southeast Quarter of Southwest Quarter distant 293.79 feet North from the Southwest corner of said Southeast Quarter of the Southwest Quarter and there terminating, except the North 17 feet of the South 50 feet thereof, according to the United States Government Survey thereof and situate in Washington County,Minnesota. 111 • 110 CAH-218803v3 CT165-18 A-2 EXHIBIT B • Legal Description of Bank Sale Property— 1 That part*of the Southwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, described as beginning at a point on the East line thereof distant 445.50 feet North from the Southeast corner of said Southwest Quarter of Southwest Quarter; thence Southerly along said East line 445.50 feet to said Southeast corner; thence South 89 degrees 37 minutes West, assumed bearing, along the South line of said Southwest Quarter of Southwest Quarter 270 feet; thence North 0 degrees 23 minutes West 300 feet; thence North 89 degrees 37 minutes East 122.45 feet; thence North 0 degrees 05 minutes 02 second East 145.50 feet more or less to the intersection with a line drawn Westerly, parallel with the South line of said Southwest Quarter of Southwest Quarter from the point of beginning; thence Easterly along said parallel line 150 feet more or less to the point of beginning, except that part lying within the South 300 feet of said Southwest Quarter of Southwest Quarter. [This legal description is subject to review and possible revision by the City's surveying consultant.] • • • CAH-218803v3 CT165-18 B-1 • EXHIBIT C Legal Description of Bank Remainder Property Parcel A That part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, described as beginning at a point in the South line of said Southwest Quarter of Southwest Quarter distant 270 feet westerly of the Southeast corner of said Southwest Quarter of Southwest Quarter; thence North 0 degrees 23 minutes West 300 feet; thence North 89 degrees 37 minutes East 122.45 feet to the intersection with a line drawn parallel to and 150 feet westerly of the East line of the Southwest Quarter of the Southwest Quarter; thence South along said parallel line to a point in the South line of said Southwest Quarter of Southwest Quarter distant 150 feet westerly of the Southeast Corner of said Southwest Quarter of Southwest Quarter; thence North 0 degrees 05 minutes 02 second East 145.50 feet more or less to the intersection with a line drawn Westerly, parallel with the South line of said Southwest Quarter of Southwest Quarter from the point of beginning; thence Easterly along said parallel line 150 feet more or less to the point of beginning, except All that part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 37, • Range 21, described as follows: That part of the originally described premises lying Southerly of a line described as beginning at the Southeast corner of said Southwest Quarter of Southwest Quarter; thence South 89 degrees 37minutes West, assumed bearing along the South line of said Southwest Quarter of Southwest Quarter 270 feet; thence North 0 degree 23 minutes West 50 feet to the point of beginning of the line to be described; thence Easterly to a point being 50 feet North of the South line and 150 feet West of the East line of said Southwest Quarter of Southwest Quarter and there terminating except for the South 33 feet of the originally described tract of land, according to the United States Government Survey thereof and situated in Washington County,Minnesota. [This legal description is subject to review and revision by the City's consulting surveyor.] Parcel B All that part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, described as follows: Commencing at the Southeast corner of said Southwest Quarter of the Southwest Quarter; thence Westerly along the South line of said Section 150 feet; thence North 300 feet; thence East 150 feet to the Easterly line of said Southwest Quarter of the Southwest Quarter; thence South 300 feet to the point of beginning; except the North 17 feet of the South 50 feet thereof according to • the United States Government Survey thereof and situate in Washington County,Minnesota. CAH-218803v3 CT165-18 C-1 Parcel C • That part of the South 300 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, lying Southwesterly of a line 35 feet Southwesterly of the following described line: Beginning at a point on the South line of said Southeast Quarter of the Southwest Quarter distant 1010.23 feet West from the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence Northerly and at a right angle to said South line a distance of 100 feet; thence Northwesterly 117.81 feet along a tangential curve to the left having a radius of 100 feet and a central angle of 67 degrees 30 minutes; thence Northwesterly 264.95 feet, more or less, to a point on the West line of said Southeast Quarter of Southwest Quarter distant 293.79 feet North from the Southwest corner of said Southeast Quarter of the Southwest Quarter and there terminating, except the North 17 feet of the South 50 feet thereof, according to the United States Government Survey thereof and situate in Washington County, Minnesota. a • • CAH-218803v3 CT165-18 C-2 EXHIBIT D Legal Description of EDA Property That part of the South 330.00 feet of the West 593.91 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, lying northeasterly of a line distant 35.00 feet northeasterly of"Line A"and lying southwesterly of a line distant 60.00 feet southwesterly of "Line B." "Line A"is described as beginning at a point on the south line of said Southeast Quarter of the Southwest Quarter distant 1010.23 feet West from the Southeast Corner of said Southeast Quarter of the Southwest Quarter; thence northerly and at a right angle to said south line a distance of 100.00 feet; thence northwesterly 117.81 feet along a tangential curve to the left having a radius of 100 feet and a central angle of 67 degrees 30 minutes 00 seconds; thence northwesterly 264.95 feet, more or less, to a point on the west line of said Southeast Quarter of Southwest Quarter distant 293.79 feet north from the southwest comer of said Southeast Quarter of Southwest Quarter and said line there terminating. "Line B" is desribed as beginning at a point on the south line of said Southeast Quarter of the Southwest Quarter distant 1010.23 feet westerly from the southeast comer of said Southeast Quarter of the Southwest Quarter; thence northerly at a right angle to said south line a distance of 29.69 feet; thence northwesterly 310.76 feet along a tangential curve to the left having a radius of 380.00 feet and a central angle of 46 degrees 51 minutes 23 seconds; northwesterly tangent to said curve a distance of 85.69 feet and said line there terminating. 0 CAH-218803v3 CT165-18 D-1 EXHIBIT E Legal Description of Bank Sale Property—2 A perpetual easement for public street and right of way purposes over, under, across and through that part of the Property which lies northeasterly of a line drawn parallel with and 60 feet southwesterly of a line beginning at a point on the South line of the Southeast Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, distant 1010.23 feet westerly from the southeast corner of said Southwest Quarter; thence North 0 degrees, 12 minutes 08 seconds West, (South line of said Southwest Quarter is assumed to bear North 89 degrees 47 minutes 52 seconds East) 29.69 feet; thence northwesterly along a tangential curve to the left, radius 380.00 feet central angle 46 degrees 51 minutes 23 seconds, 310.76 feet and there terminating. • • • CAH-218803v3 CT165-18 E-1 • EXHIBIT F Legal Description of Access Easement An easement for vehicular and pedestrian ingress, egress and access purposes for the benefit of the Bank Parcel over and across that portion of the EDA Parcel, as depicted in Exhibit G of this Agreement. i • S CAH-218803v3 CT165-18 E-1 ._ EXHIBIT G 1111 Sketch Showing Locations of Parcels and Easements r� L '� i • KOHL'S lJi rl •=. 'A _-•, HARDWOOD 1 . :r:,i•'yi:3 iyi:iiiPi ltig:" ;\, �j/ � /, -- ___ I • P fii;!f.:!.iii%Itiili:rF�'.i gilii I Nh,�rhri:!i(::i ei!:i!j il \1 Q II i, • •:.Access Easemen>`• • '•,.`:r i. I i i:iE•: it:Y:ii \ \ \ ,,;,;�iiii.Eiji:�:i E!!u:i.nn.i'p i'ii,iniii• ! i:iQ'::!i:tiii !iEI•• .nil:. f:i3 . iii?'•" 'iiS' \ :1 . • .T.•i�iii�?ijiii:ai I • :y•'s`3iiia....... !. i'!i!: 4iiii :iii PI i :n',i:`[i'it ih iEis i::}..iii!i:�i'rxSy::C 1iBjiJIHiii ykiiiS: we, \ 1 k ' M \ Hi'i'• \ l • !pi.ii:>. Bank Bank Bank • Parcel A Parcel B "i::k:;;: Parcel C ffa` ; I I �q:ii r:`iiii� i. ; . Bank Sale Property—2 �� f a n 1 I. II 80TH STREET , • 0 CAH-218803v3 CT165-18 H-2 • EXHIBIT G-1 Redevelopment Project / kh�f i ill lit `s r,- n glif tlifu„'t;i°g re i.71 ', n• - = Ales g, ,,,, ,/,„ 1 A t 5.1 /illitt,D , ii f Pi L - ; P I I aft ' s i tcj�.1142,11!,:i T 11g 1i;Is x i r.. f r. 4 g A 111.4.4 _ /yam OT y / i I �i..1`T"may,-* Y.:.. _ i�,` , r r 0 1 - ( r : ° viT i 1 AV L! rryr .rr. 0 Q �j _ 7C i 1 I 1 lia , v.-4 r i 1 • Z.'—I ,, - O a / '.,, ' , 12.1.1 J',9' -s HARKNESS AVE. S. 1k _""" MI 1 /,:Y I >. r j L , —i 0 r 1 :�• P{ a• iv 0 le ,,ze—iik:.., / f 1,.„,..g Tam. �i� ''� �� wYtY ti ' 0 I fil 1 ... I — AI .R gP C r I +> et.. r.MIw.r.. -- 5 III- wa • CAH-218803v3 CT165-18 H-3 r 0 EXHIBIT G-2 Sketch Showing Permanent Ingress and Egress Driveways and Entrances To the Bank Remainder Property �? '�'—s -- ..,,.ate �s 711,015.10110T" i.��- _ may4 1 `,j• "ii' ,fes ,� _ - . INI; i • \ I //kz,,,,,-- La c. //•�i / yF ; 1, 0 I I i ^ ;ej , �, ./��j:f� , , till 11110 __`. ., is '1 i ' ,, ® I;`i I; 1 -- 1 i ;�' �' I c' 1! SS ! `,i,, if, `, i �iy Ies• li 4 r � I f ' it ifjC ,'1 '.11 I , I US Bank Ili 11 i, /'i ;,1' j N f 1 �" ' i iir, 1 a 1 i . i 8 , ..„,.....____ ..,., . .... .. I ,'` ,. o _ ' ,,r w , 1 W g $ + I -- — -,. ••••••••............,-.................. ...J.- 4 A ' 5M 1 • CAH-218803v3 CT165-18 I-1 • EXHIBIT II Form of Access Easement ACCESS EASEMENT AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this day of , 2002, by and between COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic, ("EDA") and [INSERT NAME OF BANK], a (`Bank"). RECITALS: WHEREAS, EDA owns the real property located in the City of Cottage Grove, County of Washington, State of Minnesota which legally described on Exhibit A attached hereto and incorporated herein by reference(the "EDA Parcel"); and WHEREAS, the title commitment prepared by Old Republic National Title Insurance Company, indicates that the Bank owns the real property located in the City of Cottage Grove, County of • Washington, State of Minnesota which is adjacent to the EDA Parcel and is le jally described on Exhibit B attached hereto and incorporated herein by reference(the "Bank Parcel"); WHERAS, The parties acknowledge that no ALTA or similar survey was performed relating to the properties that make up this Agreement. The legal descriptions and Exhibits herein shall represent the properties and parcels relating to this Agreement. In the event of any discrepancy between the legal descriptions and the Exhibits contained in this Agreement, the EDA agrees to rectify and repair any such discrepancy in order to meet the remaining terms and conditions of this Agreement; and WHEREAS, EDA desires to grant to Bank an easement over,under and across the EDA Parcel for access purposes for the benefit of the Bank Parcel as provided herein. AGREEMENT: NOW, THEREFORE, EDA and Bank hereby agree that the EDA Parcel and Bank Parcel shall be forever occupied, held, sold and conveyed subject to and together with the private, perpetual and nonexclusive easement hereinafter described (the "Easement"). The Easement shall burden the EDA Parcel and be binding upon all parties having any right, title or interest in the EDA Parcel or any part thereof, and shall be appurtenant to the Bank Parcel and inure to the benefit of all parties having any right, title or interest in the Bank Parcel or any part thereof, including,without limitation the respective Owner(as defined herein)of each of the Parcels and its successors in interest. . 1. Description of Easement. An easement for vehicular and pedestrian ingress, egress and access purposes for the benefit of the Bank Parcel over and across that portion of the EDA Parcel CAH-218803y3 CT165-18 I-2 legally described in Exhibit C and depicted in Exhibit D, both attached hereto and incorporated • herein. 2. Definition of"Owner". For purposes of this Agreement, the term "Owner" shall be defined to mean one or more persons or.entities holding a fee simple interest, or a vendee's interest,in either of the Parcels, or any portion thereof, subject to this Agreement; provided, however, that the term "Owner" shall not include any holder of a lien secured by all or part of one or more of the Parcels, unless and until such lienholder acquires ownership in fee by foreclosure, deed in lieu of foreclosure or otherwise. 3. Nature of Easement. The Easement created herein shall be appurtenant to the Bank Parcel, and any conveyance of fee title to the Bank Parcel, or any portion thereof, shall be deemed to include a conveyance of the Easement, regardless of whether the Easement is specifically identified in the instrument of conveyance. Nothing contained in this Agreement shall be deemed a gift or dedication of any portion of the area of the Easement to the general public or for the general public or for any public purpose. 4. Scope of Easement. The Easement shall be used from time to time, subject to the terms of this Agreement, for the passage and use, both pedestrian and vehicular, for ingress, egress and access purposes on, over and across the area of the Easement(the "Easement Area") from the Bank Parcel, to and from Hardwood Avenue South and the EDA Parcel. The Owner of the EDA Parcel shall be responsible, at its own expense, for the initial construction of the Easement Area • The Owners of the Parcels shall not erect, install or maintain any barriers, fences, walls, ditches, barricades or other structures or obstacles on or anywhere within the Easement Area which would burden or interfere with, impede, slow, divert or in any way prevent pedestrian or vehicular traffic from fully passing within,through or across the Easement Area. The Easement shall at all times be for the mutual use and benefit of the Owners of the EDA Parcel and the Bank Parcel and their heirs, administrators, legal representatives, successors, devisees, assigns, agents, employees, contractors, customers, guests,tenants, licensees, and invitees. 5. Maintenance and Repair. The Owner of the EDA Parcel shall be responsible for all necessary maintenance, repair and replacement (including without limitation, paving, repaving, sealcoating, and snow and ice removal) of the Easement Area. All maintenance and repair of the Easement Area shall be in accordance with generally accepted maintenance standards for first class commercial retail real estate in the Twin City Metropolitan Area. In the event the Owner of the EDA Parcel, or its respective heirs, administrators, legal representatives, successors, devisees, assigns, customers, guests, tenants, agents, employees, licensees, or invitees damages, performs excavations or otherwise disturbs the Easement Area in the course of maintenance,repair,replacement, or other activity or usage of the Easement Area,that party shall promptly restore the damaged, excavated or disturbed area to substantially the same condition as existed immediately prior to the damage, excavation or disturbance. • 6. Self-Help Remedies. If the Owner of the EDA Parcel shall default in the performance of its CAH-218803v3 CT165-18 I-3 • maintenance obligations and shall fail within thirty(30) days after receipt of written notice from the Owner of the Bank Parcel to cure such default, or fail within eight (8) hours notice in the case of snow emergencies, the Owner of the Bank Parcel shall have the right, at its election, but not the obligation, and in addition to such other rights and remedies as may be available at law or in equity, to cure such default and shall be reimbursed by the Owner of the EDA Parcel for the reasonable cost and expenses so incurred (including reasonable attorneys fees) within ten (10) days of receipt of written demand for payment, together with reasonable documentation substantiating said costs and expenses. Any sums not reimbursed within said ten(10) day period shall bear interest thereon at the rate of twelve percent (12%) per annum, or the highest lawful rate, whichever is lower. The thirty(30)day cure period shall be extended in cases where the default cannot be cured within thirty (30) days but can be cured during a longer time, so long as the Owner of the EDA Parcel is diligently pursuing such cure. In the event of an emergency, no prior notice shall be required to be given by the Owner of the Bank Parcel prior to exercising its remedies hereunder so long as the Owner of the Bank Parcel provides written notice of such emergency to the Owner of the EDA Parcel promptly upon completion of cure. 7. Indemnification; Insurance; and Waiver of Subrogation. Each Owner, for itself, and for its respective heirs, administrators, legal representatives, successors, devisees and assigns in title to the EDA Parcel and the Bank Parcel, respectively, shall indemnify, hold harmless and defend the Owner,(and any mortgagee now or hereafter of record) of the other Parcel, from and against any and all damages, liability, fees, penalties and claims, including without limitation, those for • personal injury, wrongful death or property damage arising out of or related to the use of the Easement by the indemnifying Owner or its assigns, customers, guests, tenants, agents, employees, licensees, or invitees, except due to the negligence, willful misconduct of intentional wrong of the Owner to be indemnified. This indemnity shall be binding upon the Owners of the Parcels and their successors-in-interest only with respect to matters or events which occurred during the period the indemnifying party was in record title to the EDA Parcel or the Bank Parcel,as applicable. Each Owner shall keep in force a policy of public liability insurance naming the other party as an additional named insured, to cover all claims for death, personal injury and property damage and the cost of defending the same arising out of the actions or omissions of the party carrying the policy, and its customers, guests,tenants,agents, employees,licensees,or invitees. Except to the extent caused by any willful misconduct or intentional wrong of the Owner to be released, each Owner hereby releases the other Owner from any liability for any loss or damage to its property arising out of its use of the Easement Area to the extent the loss or damage is covered by fire and extended coverage insurance, regardless of the negligence on the part of any other Owner, it being the intent of the Owners to waive any right or claim which might give rise to a right of subrogation in any insurance carrier. 8. Arbitration. All disputes concerning this Agreement shall be resolved by binding arbitration under the Rules of the American Arbitration Association. In any such action or proceeding brought to enforce any of the terms of this Agreement, including the indemnification terms, the prevailing party shall be entitled to an award of its costs and disbursements, including reasonable attorneys' iofees and costs. CAH-218803v3 CTI65-18 I-4 9. Binding Effect. The provisions of this Agreement shall constitute covenants running with • and be binding upon the EDA Parcel and the Bank Parcel, as the case may be, and shall inure to the benefit of and be binding upon the Owners of the respective Parcels, and their heirs,administrators, legal representatives, successors, devisees and assigns in title, and any other party acquiring all or any portion of the Parcels or any interest therein whether by operation of law or other means. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law. 10. Severability. If any provision of this Agreement shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 11. Captions. The captions preceding the text of each article and section hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. 12. Governing Law. This Agreement shall be construed under and enforced in accordance with the laws of the State of Minnesota,without regard to choice of law provisions. IN WITNESS WHEREOF,this Agreement is executed as of the date and year first above written. [INSERT NAME OF BANK •• By Its COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director THIS DOCUMENT DRAFTED BY: Kennedy& Graven, Chartered 470 Pillsbury Center Minneapolis,MN 55402 (612) 337-9300 • CAH-218803v3 CT165-18 I-5 J. • --------------7/ \\*N.*'--- I I I .., d 2 LL \ hi / / /v. nil f / \ / , / \ / / \ I d i / / . \ Z / ti ._.. i I. .' l • .--.' 1 '. §e : . . i ..-- 7. „” w Iy\ '''.7. '• '6.:,7 '' ti ./ Z ! 4=1 W R g! f i .- Q W • r0 1,• cry 3 J I '. c 1 co Is e et .1\//1/ LiF—crj Ce cmW I CDQ 8 • / / I i / • • ot 1 r tto , A. a r t, I tx `1t • r4 \, \ aie,{af.'_.i ' _ \'. li r Al.' 7,t i.'; tir.s Lb) � J,�"Iv, - e,� .'-cam --- ,';'. it- '+iii.:• ° ".• •llT ir i ' i' ' y.. its r_ ,.:1444 I a. ji fji ... te N 1i ' . � -1 f.'‘,-.7'.,,,, ,, 9.. :r -� ei , 1 t li ;f t.. \ , - -• Z J UI 11-• h ° . 0I® V te ,,• 1� 2 v.J. tom... .r 1 Ali- r s . 1, y '� - ,S yy�'e:y +Y. . .:fir I •71.r,'..'._,.... .,, �f • � . i- tet- * ''• t ,- :. 5i • • f� 1 %y Y_ � i rr-*!'.'lir‘ ,:-.:,.-y:,-•••':•:,:„, P litli4:1111 -:%;1-11.111Ea.-11‘' •47/, ' ...P.'!--)'-..IIHN'T',471‘ i-. ".... '. : '1 5 4-- L •.._-;ms . -_ ` + ♦..` - t ,� . f.l.,. �- �Q w .r• : ,1 t o t�- �� 'f' -� r irl if/ .$1.1 r i..., ,,fr-2'..-',-,- 4,-**-4.- ,,-olit —_ ,- i:(5-,1. - Is- e ' t s't"*" ,o - �. _jail ._,,./. , ... .04, Trir. /- - ....,._.,...44,.._:_-- - - .....;:i :..:q...,;-:..-4.-.,„:-.:_,_ki. ‘-- . 44.,..v:4!. -1,,.....,.\,7 :.4:-.:,,.,:,,t.. ...\..,..,.1: 01, . ,X--'. iv ,.. ..IV, - --- -_ j - _ ,.r . -4.r ----- ,.-4-:.-":.- ,�; REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 4/2/03 7, • PREPARED BY: Engineering Nancy Hanzlik ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST: Consider awarding the Asbestos Abatement bid to Dennis Environmental Operations in the amount of$18,000.00 STAFF RECOMMENDATION: Award the Asbestos Abatement to Dennis Evironmental Operations submitted as lowest responsible bid of three bids received. BUDGET IMPLICATION: $ $ BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ 0 • ❑ PUBLIC WORKS 0 ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑❑ ECONOMIC DEV. AUTHORITY ❑ 0 ❑ ❑ ❑ SUPPORTING DOCUMENTS: ® MEMO/LETTER: Allan Larson, March 25th 2003 ® RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Copies of quotes recevied ADMINISTRATORS COMMENTS: tit Ad ' Pie 2zl35 3 03 City A dministtorl Date • COUNCIL ACTION TAKEN: 0 APPROVED 0 DENIED ❑ OTHER • City of Cottage Grove • Cl= Engineering Memo To: Honorable Mayor and City Council Members From: Allan Larson Date: March 25, 2003 Subject: Asbestos Abatement-- Gateway Project BACKGROUND: As part of the Kohl's site development project, three (3) commerical buildings south of East Pt. Douglas Rd. requires demolition. These buildings consist of the Veterinary Clinic, Victory Church, and the Cottage Grove Office Condo. ACTION: The Phase 2 Site Assessment for hazardous waste material has been completed by • Shelter Tech Corporation; who identified the presence and quantity of asbestos fibers contained within the various building materials of the commerical structures. The next step will be the abatement or removal of of the asbestos material by Licensed and Insured Asbestos Abatement Contractors. Three quotes were received for the Abatement: Total Abatement Partial Abatement 1. Shelter Tech Corporation $ 37,555.00 $ 28,685.00 2. Aardvark Abatement $ 38,722.00 $ 19,556.00 3. Dennis Environmental $ 18,000.00 (No partial abatement quoted) The partial abatement quotes were to leave the floor tile and mastic adhesive in-place and demo this material with the building. This material would have to go to a Solid Waste Landfill vs a Construction Landfill for building material. RECOMMENDATION: Award the asbestos abatement for the three (3) commercial buildings to Dennis Environmental for the quoted amount of$18,000.00 total abatement. RESOLUTION NO. 03- • RESOLUTION AWARDING BID FOR ASBESTOS ABATEMENT FOR THE t OFFICE CONDO, VETERINARY CLINIC AND VICTORY CHURCH FOR THE GATEWAY DEMOLITION PROJECT IN THE AMOUNT OF $18,000.00 WHEREAS, the City Council as part of the Kohl's Site Improvement approved expenditures of $18,000.00 for Asbestos Abatement; and WHEREAS, quotes were requested from environmental consulting and contracting firms to provide the necessary services; and WHEREAS, three firms submitted quotes; and WHEREAS, Dennis Environmental Operations is the lowest responsible bidder; and WHEREAS, it is the recommendation of the City Engineer that the contract be awarded to Dennis Environmental Operations. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the bid for the Asbestos Abatement be awarded to Dennis Environmental Operations in the ,) amount of$18,000.00. Passed this 2"d day of April 2003. Sandra Shiely, Mayor Attest: Caron M. Stransky, City Clerk • DENNIS ENVIRONMENTAL OPERATIONS 501 W. Lawson Ave. St. Pod, MN 55117 651-488-4835(Phone) 651-488-4624(Far) FAX TRANSMITTAL Date: 3/21/2003 Number of pages: 3 To: Allan Larson Company: Regarding: • Fax No. 651-458-6080 From: Rich Dennis Notes: • An equal oPPornm;tY emploYer TO Mtrd 1171113WN0eIAN3 SINN3C OnOBBtTS9 9Z:ZT E00Z/TZ/E0 MAR-12-2003 WED 01:12 P[1 college grove puO is wits FAX NO. 651 458 8080 P. 02/10 • PROPOSAL su, r# it(ed to: Allan Larson Cottage Grove Public Works 0635 West Pt. Douglas Rd. Cottage Grove, Mn. 55106 RE: Hazardous Material Rtmova lMispo$al Commercial Property located at 7121, 7153 and 7171 East Pt. Douglas Rd. Cottage Grove, Minnesota. The City of Cottage Grove is soaking quotes from Licensed and Insured Asbestos Abatement Contractors, proposes to perform work at the above referenced property's as specified below. DESCRIPTION • , R•rnove from the site and properly dispose of the following materials. 9"x9" beige speckled floor the (Church 2,260sf) • 9"x9" brown speckled floor the (Church 950sf) 12"x12" cream floor the (Church 100sf) ▪ Black floor tile mastic, throughout entire Interior of church (3,400sf) ▪ Textured ceiling spray, throughout entire interior of church (3,400sn • Exterior stucco, oest,south, & west exterior of church (1,00051) ▪ Mack floor tile mastic, Cottage Grove Business Center (Great Clips 25sf) • Roof flashing, Cottage Grove Business Center(3901f) ▪ Brown sheet flooring and mastic, Veterinary Clinic lunchroom (250sf) • ) Z8 3Ddd 1V1hGWNC IlN13 SINN.Q VZ90889TS9 9Z:ZT E00Z/'Z/E0 NAR-12-2CO3 U2D 01:13 PM cottage trove t6b!i* As FAX NO. E51 45E 6066 P. 03/:3 • > 0"xr whits with grey streaks floor the (Veterinary Clinic 1700) > Slack floor the mastic (Veterinary Clinic 170sf) > Roof flashing (Veterinary Clinic 2001f) All labor, materials, air monitoring, insurance, required permits, and waste disposal included. All Hazardous Materials removed from this project will be properly disposed of or recycled. !ICE: An of the work described above to be completed In a substantial and worlunsnfike manner according to standard practices for the Lump awn ole I Q.•o d. '' Dollars. Work to start on or before April 7'" 2003. Interested Contractor to have their quotas submitted to Cottage • Grove Public Works by March 21°' 2003 at 2:00 PM. • E8 3Eib'd 1ViN3WNO8IAN3 SINN31 OZ9688DTS9 9Z:ZT E00Z/:7./E0 Mar 11 03 06: 44a George Zortman 6517738908 p. 1 SHEL TERTECHT N ,' •CORPORA TION Environmental Consulting&Contracting 2605 Seppala Blvd. www.sheltertechcorp.com St. Paul, MN 55109 FAX 651.773.8908 mosimmir 651.770.2405 Facsimile Cover Sheet To: Allan Larson Organization: City of Cottage Grove Public Works Department Phone: 651.458.2808 Fax: 651 .458.6080 From: George Zortman Company: SHELTERTECH CORPORATION Phone: 651.770.2405 • ' Fax: 651.773.8908 Date: 03/11/03 Pages including this cover page: 3 •f Mar 11 03 06: 45a George Zortman 6517738908 p.3 SHELTERTECHT" • CORPORATION E^v7r;,nmentai Cons::.':ng& Contracting 2605 Seppala Blvd. www.sheltertechcorp.corn St. Paul, MN 55109 FAX 651.773.8908 lammoor 651.770.2405 PROJECT COST ESTIMATE#00303-7121-A March 11, 2003 SUBMITTED TO: Mr. Allan Larson City of Cottage Grove 8635 West Pt. Douglas Road South Cottage Grove, MN 55016 Re: RE: Hazardous Materials Removal/Disposal. PRE-DEMOLITION 7121, 7163 and 7171 East Point Douglas Road Cottage Grove, Minnesota SHELTERTECH CORPORATION,Licensed and Insured Asbestos Abatement Contractor,proposes to perform work at the above referenced property as specified below. DESCRIPTION • 1. Remove from the site and properly dispose of the following materials: • 9"x 9" beige speckled floor tile, church (2,250 square feet) • 9"z 9" brown speckled floor tile, church (950 square feet) • 12"z 12"cream floor tile, church (100 square feet) • black floor tile mastic, throughout the entire interior of the church (3,400 square feet) • textured ceiling spray,throughout the entire interior of the church (3,400 square feet) • exterior stucco,east,south and west exteriors of the church (1,000 square feet) • black floor tale mastic, Cottage Grove Business Center (CGBC) Great Clips (25 square feet) • roof flashing, CGBC roof(390 linear feet) • brown sheet flooring and mastic,lunchroom in the veterinary clinic(250 square feet) • 9"z 9"white with grey streaks floor tile,veterinary clinic(170 square feet) • black floor tile mastic,veterinary clinic(170 square feet) • roof flashing,veterinary clinic(200 linear feet) • All labor,materials, air monitoring,insurance, required permits, and waste disposal included. • All Hazardous Materials removed from this project will be properly disposed of or recycled. PRICE: All of the work described above to be completed in a substantial and workmanlike manner according to standard practices for the sum of Thirty-seven thousand five hundred fifty-five and 00/100 Dollars (5 37,555.00) SUBMITTED on >' - j/ 20 c by 7 ,i-r",741-•---- 410 on v ,� _0 b. Mar 11 03 06:44a George 2ortman 6517738908 p.2 SHELTERTECH CORPORATION fillijiLL 2605 Seppala Blvd. wwwshettertechcorp.com Immwmmilmv Nommimmir St.. Paul, MN 55109 FAX 651.773.8908 651.770.2405 PROJECT COST ESTIMATE#00303-7121-A March 11, 2003 SUBMITTED TO: Mr. Allan Larson City of Cottage Grove 8635 West Pt. Douglas Road South Cottage Grove,MN 55016 Re: RE: Hazardous Materials Removal/Disposal,PRE-DEMOLITION(Floor Tile left in place) 7121, 7163 and 7171 East Point Douglas Road Cottage Grove, Minnesota SHELTERTECH CORPORATION,Licensed and Insured Asbestos Abatement Contractor, proposes to perform work at the above referenced property as specified below. DESCRIPTION 1. Remove from the site and properly dispose of the following materials: • textured ceiling spray, throughout the entire interior of the church (3,400 square feet) • exterior stucco,east, south and west exteriors of the church (1,000 square feet) • roof flashing, CGBC roof(390 linear feet) • brown sheet flooring and mastic,lunchroom in the veterinary clinic(250 square feet) • roof flashing,veterinary clinic(200 linear feet) • All labor, materials, air monitoring, insurance, required permits, and waste disposal included. • All Hazardous Materials removed from this project will be property disposed of or recycled. PRICE: All of the work described above to be completed in a substantial and workmanlike manner according to standard practices for the sum of Twento-ei ht thousand six hundred eiEhty- fve and 00/100 Dollars (S 28,685.00) SUBMITTED on —l( 20 c3 by . c.---r"( � , L.-- ACCEPTED on 20 by • SHELTERTECH CORPORATION is licensed by the State of Minnesota to perform asbestos abatement work under license:401. • SHELTERTECH CORPORATION is insured by State Farm and Zurich-American Insurance companies up to 52,000,000.00 for vehicle, general. and pollution liability. Mar 17 03 02: 53p Aardvark Abatement 6125886780 p. 1 • Aardvark Abatement r_ 3125 Logan Avenue N. Minneapolis MN 55411 1 -':;ter''_; (612) 588-7755 voice (612) 588-6780 fax FAX TRANSMITTAL DATE: /'7 !r) 2G"0 TOTAL NUMBER OF PAGES TO: ALLAN/ lAkkt'J COMPANY an+ 7 er c67T -g Get,i FAX I: 1?5I — X56; (oG8o FROM: t 6,1L1 D1,e i 7J Special lnsfructions • TM r n f_s )'c 0c PRSno M— L1 L;N w 1'i/ Q UALI F!L 77 fAff MAXIK • _ . _ Mar 17 03 02:53p Aardvark Abatement 6125886780 p.2- Aardvark Abatement & Contracting :! Licensed &Insured • • 3125 Logan Avenue North Minneapolis,MN 5541I South Metro: 612-823-2953 North Metro: 672-588-7755 55 Fax: 612-588-6780 March 17,2003 City of Cottage Grove Attn: Allan Larson East Point Douglas Road Cottage Grove,MN 55106 RE: 7121, 7163, 7171 E Point Douglas Rd Cottage Grove,MN 55106 Dear Allan: My price is $19,556 for removal of all visible asbestos related ceiling texture and all asbestos surface exterior stucco from east,south,&west side of the buildings. So long as the floor tile, mastic adhesive, & flashing are in good shape, they should be demolished with the buildings. If you must have the roof flashing removed(approximately 590 linear feet) and the 3,400 square feet of carpet, floor tile,& mastic removed, you should add • $19,166 to the cost of the project. This price includes permit(if necessary), all Iabor, materials, disposal of all debris, and third party analysis of adjacent air samples. I will need five(5)business days notice to start/schedule the project. If you have any questions,please do not hesitate to call me. Sincerely, Richard Pruitt President RP: ami CC: file Accepted: Date: Mar 17 03 02:53p Aardvark Abatement 6125886780 p,3 Introducing: 410( Aardvark Abatement & Contracting Aardvark Abatement is a residential asbestos removal specialist that also offers operating maintenance services and consulting for commercial and industrial applications. ■ Regional Operating Experience: ■ In Compliance With: • 13 years in abatement industry • Minnesota Pollution Control Agency • 12 years as Site Supervisor/Manager • Minnesota Department of Health • License experience in Minnesota, • Minnesota Occupational Safety and Iowa, Wisconsin North Dakota Health Administration • Minnesota License#539 • Bonded and Insured ■ Environmental Test Firm Liaison: •Angstrom Analytical • Delta •Braun Intertec • Applied Environmental Science •E.P.A.I. • Twin City Testing •Concept • RE/SPET • Legend Tech Service • NOVA • ■ Client Experience: Government Commercial/Industrial • Minnesota School Districts • U.S. West • J.J. Hill Reference Library • Minnesota State • Honeywell • Daytons Health Care System • Nabisco • Target • State/ Municipal Offices • Foshay Tower • Montgomery Ward Midway • Twin City Army Ammunition Plant • Rosemount Engineering Aardvark Abatement is committed to customer and employee safety on the job, quality results performed on-time at the lowest possible cost! For more information about Aardvark Abatement or a free estimate, South Metro (612) 823-2955 Silts Approved Air Sampling course. cerMcaoon 0278 North Metro (612) 588-7755 • State Engineer Vast 14 Years,License 0136 3 C.D.L With Hazartwus EndorsementFax (612) 588-6780 Mar 17 03 02:53p Aardvark Abatement 6125886780 p.4. •�- • y Igt (, ) . ., 44P ( .0..., % ,. op . , ... . ._:. % :,...,.. . ..., :. . ,... . ..z .. ......:: u..: _ • up 4._ .. . ,..,,...., .. . ... . „: s...... _ L r or t .• , ..., • is . . ,, \-fettk. , - '. • ':- •101i . 4010 ••.:'' .•-e?. ' v•;=.* CZ. - '----: ir) " ' *--'-t-" : • , ' *-': •442%.7x .,::::.;..p':',=.1". . : - * :1 :.:.....,:-.,s . tO • ;' :s fJ• f v O� L" -1:).;i-.•....b ' �., y. O)a. 4 -- . ' 41 ..• -' : , E -.� •:' Q` + * ` t• 1/1774 y Mar 17 03 02:54p Aardvark Abatement 6125886780 p.5 L4CORD CERTIFICATE OF LIABILITY INSURANC c GT DATE`""'°°"Y' V-1 01/28/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 410 Assurance Brokers Ltd. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 10 Kriege Farm Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glen Carbon IL 62034 INSURERS AFFORDING COVERAGE Phone: 618-692-9800 Fax:618-692-9865 INSURED INSURER A American International Special _ bmwmRB Allied Insurance Company Aardvark Abatement i INSURER C: Coerce i Industry Ins. 3125 Logan Ave N INSURER 0: Minneapolis lei 55411 I NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE•SSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONOR►ONS OF SUCH POLICES AGGREGATE UMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS LIR, TYPE OF INSURANCE POLICY NUMBER IDATE($111/00/TY) . DATE(WD W- GalRAL LIASIUTY EACH OCCURRENCE s 1,0 0 0,0 0 0 A X:COMERc1ALGENERAL I. 3UTY 1228ND03 01/23/03 01/23/04 FIRE DAMAGE(Anyvrlrn) IS 100,000 J O Alves MADE 0 OCCUR MED Em tAny a,.potions 1$25,000 X'Professional _1 PERSONAL t ADV INJURY $1,000,000 GENERAL AGGREGATE 31,000,000 GEJJ'L AGGREGATE L/IIR APrPLIES PER 1 PRODUCTS-COMPIOP AGG $1,000,000 �POLICY I JECT 1 LOC ! •.. AUTOMOBILE LIABILITY I COMBINED SNGIE LMIT B , ANY AUTO ACP BA 71-0-1152241 09/2.0/02 09/10/03 (E°7°°°�") s 1,000,000 ALL OWNED AUTOS I j B0O:LY N:URY II X'SCHEDULED AUTOS Ivr parson S NRED AUTOS �BODILY INJURY $ i NON-OWNED AUTOS =Went) I I PROPERTY DAMAGE {$ �ARAGE U ABIUTY AL/TC ONLY.EA ACCOEYT I S I ANY AUTO OTHER THAN EA ACC 5 — ALTC ONLY AGG i S EXCESS UABIUTY SAC!-OCCURRENCE ;S -{OCCUR `{CLAMS MADE AGGREGATE I S .S DEDUCTIBLE _ – S ! (RETENTION S I$ W(.STAIL- ICJ I-- WORKERS COMPENSATION AND TORY LIMITS I ER °fP0'eL1°a C � 1 WC5185522 01/23/03 01/23/04 E L EACH ACCIDENT $100,000 E.LDISEASE-EAEMPLOYEE,S100,000 EL DISEASE-POUCYJ IT $500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSMEHICLESIEXCLUSONS ADDED BY MOOR-CEMENT/SPECIAL PROVISIONS FOR INFORMATIONAL PURPOSES CERTIFICATE HOLDER N i ADDITIONAL INSURED;INSURER LETTER CANCELLATION FOR INF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRA'ICNI DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRIT–EN j NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE rt.BUT FAILURE TO DO SO S.ALL FOR INFORMATIONAL PURPOSES IMPOSE NO OBLIGATION OR UASILITY OF ANY POND UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES ! 6 I AUTHORIZED REPRESENTATIVE p0.4 ^_Vtw.... 1 1 ACORD 25S(7197) OACORD CORPORATICN 1988 Mar 17 03 02:54p Aardvark Abatement 6125886780 p•6 ::,..=:•00--., yr3 •._ ,. ii .: :..my...\ .- : ,,,. . eRy. .\.,,,Q-Aptv.w. 4 .....,,,_,,,„. ), , ....,, ...,, ec.,-, t.,,..,„.„ M G \ 1%. e".. r\'..N9 >> ' tz. ci, c,) )ii.41146 •112 °*...t-, ' ' eC"e$;M 0 Z. r � a I . , V 4 � � � � *'" r, 3@ It C.C ate'Eiv v e `~C° F. *N off . Ala *ft. %4 kfteit . , tt Ck, :-.4, 44 IC "th. = <> - A. v b trft4 4 't-'g % t .gt .4 - a -43° . • . , --.., co' g c..) E.( E •"-E "s• 6- g .11 = -....\s C4 74 4C 1 4 g4 1 k al, 711-1 -14 u kil M a gib ` v ma. . . cc g p c• Z.'. z 4.1 'we 03 --04- r\C€3 (1,4 ce ;:4 I 44e eol "4 ILI ,-,--0 ' A t. '''<i'Ll 'J COI m `Ca CI 1144 e '" A .6 ... a ac:., Er% • o r es kJ z G r'f va- 4N • 11 .r -City of Cottage Grove • Memo To: Economic Development Authority Members \\P-)- From: Michelle Wolfe,Assistant City Administrator �,_,, Date: 4/4/2003 Re: River Oaks and EDA Joint Venture The kick-off luncheon was held Wednesday, April 2 at River Oaks. Representatives from 3M, Advance Corporation, American AGCO, and Schmid and Sons Packaging were present for the presentation. City and River Oaks staff presented the golf discount program information. • City Administrator Schroeder started out the program by thanking those in attendance for their on-going partnership with the City and contributions to the community. He indicated that this new program is a way to thank our existing businesses and to maintain the relationship. He also noted that it is an opportunity to "check in" with them to see how things are going. I followed with a quick explanation of how the program will work. Bruce Anderson further explained some of the benefits being offered, and also outlined a new program just arranged with County Inn and Suites. Those in attendance had many questions about current events and development in the City. During the lunch, both tables discussed some of the challenges and opportunities they are facing at this time. It became clear that there were more advantages to this program than we realized. We were able to provide those in attendance with alot of information and answers to questions, and they requested some follow-up from us. As a result, staff has realized that there may be some value in expanding this program to other segments of the business community. For example, we could offer this same type of program to bankers, real estate agents and brokers, or other target markets. The kickoff event itself provides a great opportunity to update those in attendance about what is happening in Cottage Grove and answer questions and address concerns they may have. It also provides a great marketing opportunity for the River Oaks golf course and the banquet facility. Therefore, staff is looking at the calendar and discussing with River Oaks staff whether • or not we can schedule some additional events this year. EDA feedback on this idea is welcome at the meeting. (The cost to the EDA of this first pilot program was $626.22 for 1700 brochures.) G:\Economic Development\E D A\Documents\2003Wpril JT Venture.doc City of Cottage Grove • Memo To: EDA Members a From: Michelle Wolfe, Assistant City Administrator Date: April 4, 2003 Re: EDA Enabling Resolution BACKGROUND At the March meeting, the EDA reached consensus regarding changes to language in the enabling resolution. The language was in regards to member ship requirements for the EDA. 111 DISCUSSION Any changes to the enabling resolution must be approved by the City Council (per statute) and require a public process. The City must publish a statement of purpose and summary of the proposed change. This must be published in the local paper for two consecutive weeks, with the first publication no less than 30 days prior to the public hearing. In order to proceed with preparing the amendment to the resolution, setting the public hearing date, and public notification process, staff is requesting EDA ratification of the proposed language change*: 3. Commissioners. The Authority shall consist of seven members who shall be appointed by the Mayor with approval of the City Council. Two of the Commissioners shall be members of the City Council. The remaining five members must be residents of the City or own, operate or be employed by a business in the City. *Changes shown in bold. 0 ACTION REQUESTED 1. Ratify the proposed change in language and direct staff to prepare the • appropriate amendment to the resolution. 2. Direct staff to set the public hearing date and proceed with the public notice process as required by statute. • G:\Economic Development\E D A\Documents\2003\April Enabling Resolution.doc ;City of Cottage Grove • Memo To: Economic Development Authority Members From: Michelle Wolfe, Assistant City Administrator 4V. Date: 4/2/2003 Re: Calendar EDA Meeting April 8 • Volunteer Banquet April 22 River Oaks Golf Course Chamber Spring Banquet May 2 6:00 p.m. EDA Meeting May 13 EDA Meeting June 10 Chamber Golf Classic June 16 EDA Golf Tournament August 19 • G:\Economic Development\E D A\Documents\2003Wpril Calendar.doc J City of Cottage Grove • Memo To: EDA Members \ 1 L From: Michelle Wolfe, Assistant City Administrator Date: April 4, 2003 Re: Business Subsidies Criteria BACKGROUND The Business Subsidies Act was originally enacted in 1999 and substantially amended in 2000. While the 1999 Act contained a requirement that grantors adopt a set of criteria for awarding business subsidies, the only specific requirement was that the set of criteria contain a policy regarding wages. The 2000 amendments to the Business Subsidies Act specifically require that "criteria may not be adopted on a case-by-case basis" but instead must "set specific minimum requirements that recipients must meet in order to be eligible to receive business subsidies". DISCUSSION Grantors of business subsidies that had adopted criteria prior to May 1, 2000 are required to have updated criteria in place by May 1, 2003. Since the EDA and City of Cottage Grove adopted its criteria in 1999, we must adopt updated criteria. This requires a process of publishing a summary of the proposed changes and holding a public hearing. At this time, our Attorney is working on the required changes. The updated resolution will be ready for public hearing and your review and consideration at the May 13 EDA meeting. The EDA will not meet the May 1, 2003 deadline. However, this simply means that the EDA cannot grant any business subsidies until the updated criteria have been adopted. We do not have any projects that would be affected by this so we 1111 have time to conduct the appropriate process and review our criteria. ti ACTION REQUESTED • By motion, set a public hearing date for May 13, 2003 to consider updated business subsidies criteria. Further authorize staff to prepare the necessary resolution for review and consideration, and publish notices of the public hearing per statute. I City of Cottage Grove • Memo To: Economic Development Authority Members From: Michelle Wolfe,Assistant City Administrator W Date: 4/4/2003 Re: Miscellaneous Business Items Hamlet Park/Industrial Park Residential Proposal A developer submitted some plans for an area of the Industrial Park north of 95th south of Hamlet Park. A copy of the proposed site layout is enclosed. Staff would like to obtain your input on this proposal. Interceptor Information/East Ravine Master Planning Enclosed with your packet is information from the Metropolitan Council regarding the South Washington County Interceptor. As you know, the City is proceeding with a planning study in this same area, the East Ravine. The EDA may wish to start thinking about master planning ideas for this area. Some committees will be established for the process to provide various levels of input. Sign Ordinance Amendments Enclosed is a copy of a report that went to the Planning Commission. The City Council approved a moratorium on freestanding signs greater than 25 feet in height and within 500 feet of the center line of TH 61. City staff is in the process of studying and reviewing possible amendments to the sign ordinance. Neighborhood Business District Zoning At the March 24 Planning Commission meeting, the Commission approved a zoning text amendment to add a neighborhood business district to the zoning ordinance. This item will be before the Planning Commission again in April. The Planning Commission item • is enclosed for your information. G:\Economic Development\E D A\Documents\2003\April Misc.doc Road Closure Information Enclosed is information about the closure of Military Road for resurfacing and safety improvements. Also enclosed is information about the closing of Harkness Avenue, which will remain closed until the new Hardwood Avenue corridor is opened for traffic in fall 2003. EDA Bylaws At the last meeting, EDA members requested a copy of the current EDA Bylaws. They have been enclosed with your packet. r • G:\Economic Development\E D A\Documents\2003\April Misc.doc 51/2 SW 1/4 SEC. 17, T.27N., 1121W. CITY OF COTTAGE .1, - 1111111 0111.0.an 1 1 1141 leallitgt la .. .. .... - rA_ - -viz 1 ,,,,----,1 # . rell.... pi1 1 tra - s rte= --f- / , %me trawo A. L.,,,,,... , -,‘ *cos igsg lir . ,,,,. .. .r. 7 N ‘ ! ,_ 140fr i . • , c I N ` . Nt,t laws a 1/1j 030 38 1 .4410A„N, 4411 . .. .,..,'",-"92-- itis ali N, 1 ipittAject iii A:, sit _ , ""r , 411 II \vogailktr%1P4 itel ., 0 , . .J ig4aw,<M :. Si 111.,- 0 Malta ASi1 • O*, A . I . • ..q. ,,,, ..i 0.-\in , . ...... , . . :7)-,1 , ....# 0. 1.70.......'1..... ...mom..... ILL. ....... ............. / .14.. ., 70 , ,_, i, . , ,„__ _ _ ,,,, / 11 , o . jt.i... . __.,, II',i'',.41011# ::7i;-.. . , . i I -i-RP-Jr-AO -__--.F.--....,..,...i.. ,a'0" ., . ! ' • t ‘ 1 1011i1Elfiliiiiiil I M P -, -notwr laa i 1 ''' ' '6i . . .400\\*\,,ipo lif r- I I . . • • c.uurrop zeo •4ein '-4 -.7%;-- . . . Aet\401.4.„ .4.7ti, ii di si ..____ '7: -:, .,.. ,_7...'21 u/-0, 1017%. VIP‘ ';'/ ,,, I � � ` s. s. ���,��� ��� OSA; �� � � �(� +� I�41G I , Niti , i., A „ um war-lip \-.0 If 4.---/-- 1 _-;__ , ..___,,,,,_•. • 40% , „. / ,„t 1 .4. 1 Etwilt** +\ i � ' .. in tt .4. , a,i =in mum i , , .i., ... ai pia pia LIP.:, ,A004114, \ ) \ . 4. II j' gt'41.1.*Zgag mar agarciwz-viiti;\rot- \ 1 1 pi:Jigamati,-......-7.;-. Argino-v=z-th---mmir:eg- -0.4kkii,\Airs- . , ii 4 . .... ..........z____ -...r=tm.ermon -... '.. .. .., .. .. ,.,,,,,,P4•7•PRPP, .1,...,777 11 1::1Wilillt ; - "D Mb annum & vi s Ime. iiip , ..yiffrA, . - -_____..,/li .\ . ��91 ii, liv:r10144.., Aiii II . ' — Illllplllltll . i AlAg Metropolitan Council V Building communities that work Environmental Services March 24, 2003 • SEWER CONSTRUCTION WORK BEGINS ON SOUTH WASHINGTON COUNTY INTERCEPTOR IN COTTAGE GROVE Metropolitan Council Environmental Services (MCES), operator of the metro-area wastewater collection and treatment system, is beginning construction on the 9-mile South Washington County Interceptor—a sanitary sewer pipe that will serve portions of Cottage Grove and Woodbury. Wastewater will be conveyed through this pipe to the new Eagles Point Wastewater Treatment Plant, which MCES is constructing on the site of the existing Cottage Grove Wastewater Treatment Plant, located on the southern edge of Cottage Grove along the Mississippi River. Barbarossa & Sons is the general contractor for the first phase in Cottage Grove. Work is under way on Phase 1 of the project, which begins at the intersection of 85th Street and County Road 19 and runs south to the treatment plant (see map on reverse side). Work thus far has involved clearing the construction route of trees and brush, and delivering sections of the new sewer pipe to several of the construction areas south of Highway 61. The construction will involve open-cut excavation to install a 96-inch- diameter sewer pipe for a short stretch just north of the plant and a 54-inch-diameter sewer pipe the rest of the way. Tunneling will occur in several places, to install the • pipe under other utility lines, as well as under Highway 61 about one-half mile east of Jamaica Avenue and under County Road 19 at 90th Street. Construction on Phase 1 is expected to be completed in late 2003. Construction of Phase 2, along County Road 19 from 85th Street to the northern city limit, is likely to begin in mid-summer 2003 and be completed in 2004. The construction will require temporarily closing the bike trail on the north side of 90th Street from County Road 19 west to approximately Jewel Avenue. This closing will occur from now until late summer, at which time the trail will be restored and re-opened. During this project, there also may be short-term road closings or lane restrictions where the new sewer pipe will go under 90th Street just east of the Ridgewood Subdivision near Jewel Avenue and under East Point Douglas Road about one-half mile east of Jamaica Avenue. Signs will be posted to alert residents. TO ENSURE YOUR SAFETY, WE ARE ASKING THAT YOU AND YOUR CHILDREN AND PETS PLEASE STAY AWAY FROM ALL CONSTRUCTION AREAS. The cost of this project is not assessed to adjacent property owners. It is spread out among all of our sewer customers in the metro area. As we complete segments of the construction, we will restore the disturbed areas. MCES staff are available to review this project with you and answer your questions in • person or by phone. Please feel free to contact Tim O'Donnell at 651-602-1269 or www.metrstQtfcirtabWarz at 651-602-8921. Metro Info Line 602-1888 230 East Fifth Street • St.Paul,Minnesota 55101-1626 • (651)602-1005 • Fax 602-1138 • TTY 291-0904 An Equal Opportunity Employer AAA Metropolitan Council Y V Building communities that work Environmental Services 9 z-v e-- SOUTH WASHINGTON A COUNTY INTERCEPTOR i+ . .--, .a.-- ,.„ „..,__, ,-,..-...„___ Project Alignment -V. Sewer Pipe Alignment ��`— ---. �-LCL -1� —1-1-77;---702 l ��� � �� 'll 3Q Note to Cottage Grove Residents: UFTSTATION I 7- DA__E i4' , 9 _ A, We inadvertently omitted this map from is WOODBURY the "Sewer Construction" letter that we \ I{ sent you on March 24. We apologize "� i for the error. ljII '8_._ I MCES staff are available to review this I,Ir , , 6� , project with you and answer your ques- Ra tions in person or by phone. Please feel i free to contact Tim O'Donnell at 651- 70 7 =• -STM- S 0 • r �dg �2 602-1269 or Jeff Schwarz at 651-602- 8921. r • A Notice sent:March 28, 2003 <7t7 • 80TH Sr S e. COTTAGE 85TH - } 1 PHASE 2 GROVE PHASE 1 —L,L . _ 90TH ST Sir � II 2 4.; . Al - r 100t St 91' ,, ts, . ......: , . , ,,,, , - � i O'er I -4411,-4411,—IIMk ITP+ 1,STS i 1 _ inall111111111Mil ki% ��....„ -- EAGLE POINT � i VVINTP www.metrocoundl.org Metro Info Line 602-1888 230 East Fifth Street • St.Paul.Minnesota 55101-1626 • (651)602-1005 •: Fax 602-1138 • TTY 291-0904 An Equal Opportunity Employer City of Cottage Grove Community Development Department Memo TO: Planning Commission Members FROM: John McCool, Senior Planner DATE: March 20, 2003 RE: Sign Ordinance Amendments Introduction Interest has been expressed to amend the City's Sign Ordinance (Title 9-8 of the City Codes) to incorporate new sign requirements within commercially zoned areas. The potential changes probably would relate to reducing the maximum height requirements for free-standing signs, require monument signs versus pylon signs, and other aesthetic upgrades. Background On February 5, 2003, the City Council adopted Ordinance No. 727 that established a • moratorium on freestanding signs greater than 25 feet in height and within 500 feet of the center line of Trunk Highway 61. The adoption of this ordinance authorized city staff to study and review possible amendments to the Sign Ordinance. Upon completing the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. Discussion Staff will begin to gather information regarding freestanding signs from other commu- nities and review both sign height and design related matters. Until this information is available, it is recommended that the Planning Commission become familiar with sign requirements that are currently imposed by city ordinance. A copy of the sign ordinance was included in your Planning Commission Handbook. • MEMORANDUM TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: Kim Lindquist, Community Development Director DATE: January 29, 2003 RE: Highway Sign Moratorium Introduction Recently, staff has had discussions with several businesses looking to locate along Highway • 61 who have requested freestanding sign information. They noted that the sign ordinance permits signs of 60 feet in height when the principal structure is within 500 feet of the center line of a major trunk highway. This larger height allowance was applicable to Applebee's; however they acquiesced to a lower height based upon city requests and the visibility of the current location. Unfortunately, there is no guarantee the city will be as persuasive next time. • The City Council has also made it clear that they are interested in requiring upgrades to com- mercial developments from that experienced in the past. Signage, particularly monument signs rather than pylon signs, is one way to bring a new aesthetic to the city's commercial districts. Discussion Staff is recommending a moratorium on higher freeway signage. The moratorium would only affect the properties within 500 feet of the center line of Trunk Highway 61. Properties within that zone would be permitted to have a freestanding sign but would be limited to the 25 foot requirement or the highest elevation of the outside wall of the principal structure, whichever is less, consistent with the sign requirement for all zoned B-2 and B-3 commercial property. Staff will begin to gather information regarding freestanding signs from other communities and review both sign height issues and sign design issues. An amendment may come to the Coun- cil that addresses other aspects of commercial signs besides just the height issue. Conclusion There are two options available to the City Council for disposition of the request: Approve the request. Staff believes it is important to review the permitted higher sign height for properties along Highway 61, given the Council goals and the commercial district themes • being emphasized. Mayor, City Council, and Ryan Schroeder January 29, 2003 Page 2 of 2 Deny the request. If the Council does not want to restrict sign height along Highway Hi hwa 61 to that• permitted for other B-2 and B-3 commercial properties, the moratorium should not be passed. However, there is no guarantee that additional tall pylon signs won't be approved during the time period when this issue will be discussed. Recommendation Adopt the draft ordinance. • • ORDINANCE NO. 727 INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE WELFARE OF CITY RESIDENTS; REGULATING AND RESTRICTING SIGN HEIGHT IN COMMERCIAL ZONING DISTRICTS WITHIN FIVE HUNDRED FEET OF THE CENTER LINE OF A MAJOR TRUNK HIGHWAY THE CITY OF COTTAGE GROVE ORDAINS: Section 1. Background. 1.01. The City's sign ordinance permits freestanding signs up to a maximum heighto of sixty feet if the principal structure is within five hundred feet of the center line of a major ftunk highway. 1.02. There is a significant planning and land use issues pertaining to existing and future commercial developments along the major trunk highway relating to signing of the development. 1.03. There is a need for a study and review to be conducted so that the City can consider possible amendments to its sign ordinance pertaining to sign height for commercial districts within 500 feet of the center line of a major trunk highway. • 1.04. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.05. Minnesota Statutes, Section 462.355, Subd. 4 permits the adoption of interim zoning ordinances during the planning process. Section 2. Planning and Zoning Study: Moratorium. 2.01. A study is authorized to be conducted by City staff to determine how commercial land uses should be regulated in areas that are located outside the MUSA. The scope of the study should include, but is not limited to, the following: a. The performance standards that should be applied to neighborhood commercial centers located in predominantly residential areas, in order to assure that the commercial development is compatible with neighboring land uses. b. The appropriate means of integrating future regional commercial centers with existing and future infrastructure. • c. The effect of such uses on other uses in the surrounding area. ' r Ordinance No. 727 Page 2 of 2 2.02. Upon completion of the study, the matter is to be considered by the Plannin. Commission for its review and recommendation to the City Council. 2.03. A moratorium is hereby adopted on the development of those properties designated for future commercial land use that are located outside the Metropolitan Urban Service Area boundaries as those boundaries exist on December 1, 2001. The moratorium is adopted pending completion of the study authorized by this ordinance and the adoption of any amendments to the City's comprehensive plan or zoning ordinance. No building permit may be issued for such uses or for the expansion of any existing use during the moratorium period nor may any rezonings, land use approvals, plats, land divisions or consolidations be granted or processed by the City for such uses during the moratorium period. The moratorium period will expire on January 2, 2003 or such earlier date as may be further adopted by ordinance. The moratorium period may be extended for a reasonable time by ordinance, not to exceed an additional 18 months, as may be necessary to complete the study and adopt any necessary amendments to the City's comprehensive plan or zoning ordinance. Sandra Shiely, Mayor ATTEST: • Caron M. Stransky, City Clerk • • STAFF REPORT CASE: TA02-065 ITEM: 6.2 11111BLIC MEETING DATE: 3/24/03 TENTATIVE COUNCIL REVIEW DATE: 4/16/03 APPLICATION APPLICANT: City of Cottage Grove REQUEST: Zoning text amendment to add a neighborhood business district to the zoning ordinance. SITE DATA • LOCATION: N/A ZONING: N/A CONTIGUOUS •LAND USE: NORTH: N/A EAST: N/A SOUTH: N/A WEST: N/A SIZE: N/A DENSITY: N/A RECOMMENDATION Approval. • COTTAGE GROVE PLANNING DIVISION G:12002\Planning Cases\065TA Neighborhood Commeraial\O65TA Neighborhood Commercial SR cover 3-24-03.doc Planning Staff Report • Case TA02-065 March 24, 2003 Proposal The City is the applicant for a new commercial zoning designation, Neighborhood Commercial District. This represents work done by the Planning Commission over many months to discuss various aspects of neighborhood commercial areas. The ordinance represents more stringent requirements than existing commercial districts in the areas of architecture and design, land- scaping and screening, and development and tenant size. Background The City's Comprehensive Plan 2020 delineated several areas in the community for smaller scale commercial uses. Two areas have been approved through the PUD process for neighbor- hood convenience centers. There are two areas remaining, both currently outside of the city's MUSA area. The Planning Commission has been working on the draft ordinance off and on since spring of 2002. At a workshop meeting in October, the Commission decided to hold a public hearing in. November on the draft. It was requested that the two neighborhoods, at 70th and Keats, and at 100th and Hadley, be notified of the draft language so they would be aware of the proposed neighborhood commercial areas near their neighborhood. Residents within 500 feet of those two neighborhood commercial areas were noticed and provided a copy of the draft ordinance. Addi- tionally, staff sent notices to residents within 500 feet of Almar Village and the Mike Rygh com- mercial project. Both of those neighborhoods had expressed some interest in being involved, or at least commenting on, the neighborhood commercial district language. In November the Planning Commission held a public hearing on the draft ordinance. The item was continued to address concerns raised during the meeting. The main issues were the size of the neighborhood commercial district, if a liquor store should be allowed in the District, and if so, what size would be appropriate. All residents within 500 feet of any property designated for neighborhood commercial in the city's Comprehensive Plan were notified. In February, the Planning Commission held a workshop to discuss the items raised during the public hearing. The ordinance currently before the Commission reflects the recommended changes. The current draft ordinance has been sent to all property owners within 500 feet of any property designated as neighborhood commercial by the city's Comprehensive Plan. One writ- ten comment was received and is attached. Discussion The goal of the ordinance is to provide a more stringent commercial zoning district that could be compatible with residential development. The idea was to limit the amount of commercial within Planning Staff Report—Case TA02-065 March 24,2003 Page 2 of 2 • the district, but ensure that there was enough square footage to make the District economically viable. The Commission spent quite a bit of time reviewing the various permitted and conditional uses. The intent was to focus on businesses that might have more of a neighborhood, rather than regional, orientation. The limitation on the square footage of any one business, 7,000 square feet, further ensures that "big box" users will not be introduced into the residential setting. The Commission also spent time devising architectural and landscape standards that would re- sult in higher quality developments. The big issue with landscaping was to increase berming and screening standards to protect residences from the new commercial area. Signage standards are also more specific and will be based upon the B-2 district but the ordinance requires private covenants that would be enforceable by the city. This will allow the developer and city to regu- late sign size and location within the context of the building architecture. Conclusion Work on the ordinance has occurred for some time. The Commission has gone through the draft, paragraph by paragraph, and discussed all aspects of the draft language. Staff believes the draft accurately represents the Commission's direction. There are two options available to the Planning Commission and City Council for disposition of the request: • Approve the request. The draft language meets the intent of the neighborhood commercial zoning district as envisioned in the Comprehensive Plan and by policymakers and should be approved. Table the request. There are additional modifications to the draft ordinance that should be ac- complished and the item should be further discussed by the Commission prior to forwarding it to the City Council. Recommendation Staff recommends approval of the draft ordinance. Prepared by: • Kim Lindquist Community Development Director Attachments: Exhibit A— Draft Ordinance Exhibit B — Draft Ordinance Comment Letter • r EXHIBIT A ORDINANCE NO. XXX AN ORDINANCE ESTABLISHING A NEW ZONING DISTRICT FOR NEIGHBORHOOD COMMERCIAL BUSINESS; AMENDING TITLE 11, CHAPTER 10 BY ADDING A NEW SECTION; AMENDING SECTION 11-1-5 THE CITY OF COTTAGE GROVE DOES ORDAIN: SECTION 1. Section 11-1-5, subsection C of the Cottage Grove City Code is amended to read as follows: A. Business Districts: B-N, Neighborhood Commercial Business District B-1, Limited Business District B-2, Retail Business District B-3, General Business District P-B, Planned Business District SECTION 2. Title 11, Chapter 10 of the Cottage Grove City Code is amended by adding a new Article E to read as follows: ARTICLE E. B-N, NEIGHBORHOOD COMMERCIAL BUSINESS DISTRICT . SECTION: 11-10E-1: Purpose 11-10E-2: Permitted Uses 11-10E-3: Permitted Accessory Uses 11-10E-4: Conditional Uses 1 1-10E-5: Interim Uses 11-10E-6: Development Standards 11-10E-1: PURPOSE: The B-N Neighborhood Commercial Business District is a commercial district intended to provide a mix of convenience-oriented retail sales and services. The District is related to and may reasonably adjoin residential districts for the location and development of retail and office uses that are subject to more restrictive controls than in other business districts. B-N Neighborhood Commercial Business Districts are intended to be compact districts that serve local rather than regional commercial needs. Developments in such districts are intended to function as a neighborhood center with internal traffic and pedestrian systems that facilitate access to all properties within the district. Because of their proximity to residential areas, developments in such districts are intended to be aesthetically consistent within the district and to complement adjacent residential development through the use of landscaping in and around the District to provide appropriate screening. 11-10E-2: PERMITTED USES: No structure or land shall be used except for one or more of • the following uses, or uses deemed similar by the Council: Ordinance No. XXX Page 2 of 6 1. Antique shops. 2. Appliance and electronics sales and service. 3. Apparel shops. 4. Art and school supplies. 5. Art studios, interior decorating studios or stores, photographic studios and music studios. 6. Bakery goods and baking of goods for retail sales on premises and limited distribution and catering. 7. Banks and other financial institutions without drive-through facilities. & Barbershops or beauty shops. 9. Bicycle sales and repair. 10. Books, magazines, cards, stationery, and newsstands. 11. Camera and photographic supplies. 12. Candy, ice cream, popcorn, nuts, frozen dessert, soft drinks or confectionery stores, excluding drive-up type. 13. China and glassware. 14. Clothing dry cleaning and laundry pick-up stations, including incidental pressing and repair. Does not include on-site dry-cleaning processing. 15. Clothing stores, including dressmaking, millinery and tailor shops. 16. Costume and formal wear rental/sales. 17. Dairy products, retail only. 18. Dance studios. • 19. Delicatessens. 20. Drug stores. 21. Dry goods and fabrics. 22. Florists. 23. Frozen foods and meat markets but not including locker plants or meat slaughterhouses. 24. Furniture, upholstering, picture framing. 25. Hardware. 26. Hobby supplies. 27. Indoor food, meat, fish, fruit, and vegetable markets. 28. Jewelry, time pieces, collectibles, silverware sales and repairs. 29. Leather goods and luggage. 30. Liquor stores of 3,000 square feet or less. 31. Locksmiths. 32. Medical, optical, and dental office/clinic services. 33. Municipal uses with a customer service orientation. 34. Music/record stores. 35. Nursery schools and daycare centers of all ages-adults and kids. 36. Orthopedic and medical appliances. 37. Paint and wallpaper. 38. Pet shops, including grooming. 39. Postal substations. 40. Print shops/photographic copying. 41. Professional and scientific instrument sales and repair. 4. 42. Public utility collection point. 43. Restaurants, Classes 1, 2, and 3, except for drive-through. 44. Sewing centers, machine sales, and sewing classes. Ordinance No. XXX dr Page 3 of 6 45. Shoe sales and repair. 46. Sign shops, limited to over-the-counter retail sales of signs, banners, or other related graphic imagery. 47. Sporting goods. 48. Tanning salons. 49. Toy stores. 50. Travel bureaus/agencies. 51. Video sales and rental. 10-E-3: PERMITTED ACCESSORY USES: The following uses shall be permitted accessory uses: 1. Any incidental repair, processing, or storage necessary to conduct a permitted principal use; provided, that such accessory use shall not occupy more than twenty percent (20%) of the gross floor area of the principal building. 2. Buildings temporarily located for purposes of construction on the premises, for a period not to exceed the time necessary to complete such construction. 3. Business signs as permitted. 4. Decorative landscape features. 5. Off-street parking and off-street loading. Gas canopy lighting must be recessed flush- mounted lighting. 6. Public telephone booths; provided, that all yard requirements are met. 10-E-4: CONDITIONAL USES: No structure or land shall be used for one or more of thee following uses except by conditional use permit: 1. Drive-through Banks a. Each drive-through must have stacking for six (6) vehicles. b. The drive-through must have a separated designated drive aisle. c. The drive-through is limited to two (2) drive aisles in total. 2. Motor Fuel Stations a. Only one gas station/convenience center is permitted per Neighborhood Commercial District. b. The total square footage for the gas station/convenience center and any accessory structures, including a car wash is limited to 4,000 square feet. c. The station is limited to four (4) pumps, eight (8) pumping stations, unless, after consideration of a traffic study, the City Council finds that additional pumps are necessary to reduce negative traffic impacts. d. The canopy must be located away from adjoining residential neighborhoods. e. Canopy lighting must be recessed flush-mounted. f. The canopy face shall be unlit except for the amount allocated to signage. g. The hours of operation for the gas station/convenience store shall not exceed 5:00 a.m. to 11:00 p.m. The hours of operation for the car wash, if applicable, shall not exceed 6:00 a.m. to 10:00 p.m. h. The canopy must meet the same setbacks as the gas station/convenience center listed in section 11-10E-6C. -r Ordinance No. XXX Page 4 of 6 -4 i. The canopy size cannot exceed the aggregate square footage of the other • buildings on the site. 11-10E-6: DEVELOPMENT STANDARDS: A. Structure Height: No structure or building shall exceed twenty-five feet (25') in height except as provided in this Title. Height greater than twenty-five feet, but not exceeding thirty-five feet, would be considered if it is deemed that the expanded height improves the visual aesthetics of the building. Special consideration will be given for buildings with hip, gabled, or mansard roofs that would mimic surrounding residential development. B. Screening and Landscaping: 1. Berms: Wherever a B-N Neighborhood Commercial Business District abuts or is across the street from a residential district, earthen berms at least four feet (4') in height with landscaping must be erected and maintained along the property lines that faces the residential district. The city council may waive compliance with this paragraph if it finds that site topography and tree preservation provides equivalent natural screening without berming. 2. Landscape Screening: Landscaping shall consist of compact evergreen or deciduous hedge and over and understory trees in a buffer strip at least twelve (12) feet in width. At planting, hedge material must be two and one-half(2 1/2)feet in height and deciduous trees • must be at least five (5) feet in height and with a minimum of two and one-half (2 1/2) inch caliper. Coniferous trees must be at least six (6)feet in height. 3. Parking Screening: Where any off-street parking area contains more than four (4) parking spaces, screening shall be placed on each side adjoining a residential use or a public street. 4. Loading Area and Loading Dock Screening: All loading docks shall be screened from view on the property's street frontage(s), or from the neighborhood commercial district boundary by a wall, earth berms or plant material or combination of these at least ten (10) feet in height. Such wall shall be designed to be harmonious with the structure having the loading dock. C. Lot Requirements: The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications as set forth in this Title: Building setback: front, side 30 feet and rear yard from exterior District boundaries. Parking area setback: front, 25 feet side and rear yards from exterior District boundaries. • Minimum separation 30 feet between buildings r Ordinance No. XXX Page5of6 Minimum building setback 25 feet • from any public or private road within the District. Minimum parking setback 20 feet from any public or private road within the District D. District Requirements: 1. Size Limitation. A B-N Neighborhood Commercial Business District may not exceed five (5)acres in size. 2. Location Limitation: B-N Neighborhood Commercial Business Districts must abut upon a designated arterial or collector street. E. General Performance Standards: Uses within the B-N Neighborhood Commercial Business District must comply with the requirements in Chapter 11-6 of this code or the requirements of this section, whichever is more restrictive. F. Signs: 1. Monument signs must be installed to denote the overall development project within the • district. 2. Covenants must be recorded to ensure consistency of signage for all properties in the district. The covenants must identify permitted sizes, locations, and types of signage. 3. Each tenant within the District is permitted one temporary sign for a period not to exceed 30 days. G. Parking and Traffic Circulation: 1. The number of parking spaces may not exceed twenty percent (20%) of the minimum requirements set forth at Section 11-3-9 of this Title. 2. The district may be designed to have shared parking and shared private access, provided that traffic safety and circulation are not compromised, in the judgment of the city council. A traffic study may be required by the city, assessing the ability of shared parking opportunities. 3. The district must include an intemal street system that connects properties within the district. 4. Pedestrian walkways must be provided that connect properties within the district and provide connection to adjoining residential neighborhoods. H. Additional Use Restrictions: Ordinance No. XXX Page 6 of 6 • 1. Area Limitation on Uses: No single use may occupy more than 7,000 square feet in a building. I. Site Design Elements: 1. Entry points to the district must be designed with a common theme. The entrances shall be enhanced with a combination of landscaping and built material to denote the entrance to the site. 2. Benches, trash receptacles, and outdoor ashtrays must be of a color and style compatible with the project architecture. 3. Sidewalks in front of retail shops must incorporate planting beds or planters against any wall area that exceeds four feet in length. 4. Building architecture must be complementary to existing residential development in the area, and all buildings within the district must maintain a single architectural theme with consistent use of colors and exterior materials. 5. Exterior materials must be predominately, at least 70%, brick, stone and glass on the front elevation. Brick, stone, integrally-colored rock-face concrete block, glass, or equivalent products or better on the remaining sides and rear of structures. Structures • must have a façade articulation of base, middle and top. Transparent doors and windows must not exceed 30 percent of the total front façade. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this [Day] day of[Month Year]. Sandra Shiely, Mayor ATTEST: Caron M. Stransky, City Clerk S • r It EXHIBIT B March 17,2003 • r"—'-,,r • 1 9 2003 Kim Lindquist COTTAGE GROVE Community Development Director City of Cottage Grove 7516 80th Street South Cottage Grove MN 55016 Dear Ms.Lindquist, I received the Notice of Public Hearing for the proposed Neighborhood Commercial Business District ordinance. Our townhome development (Pine Glen Villas) is directly across from a parcel at the corner of 100th Street and Hadley Avenue that is zoned for this type of District. While I have no concerns about most of the businesses that would be allowed in the District, I am concerned about the gas station/car wash conditional use. Most notably, I have concerns should a gas station be located along 100th Street or at the corner of 100th and Hadley,which seems the most desirable location for a station. Several of our units have bedrooms with windows facing the future neighborhood business • district. My concern is the noise that could come from vehicles that leave loud sound systems on while fueling their vehicles.As the station would be allowed to operate until 11:OOpm,this could be a disturbance problem,particularly in the summer when bedroom windows are open. The other concern is the car wash and the potential noise these generate. Under the proposed ordinance, a car wash can operate until 10:00pm.Again, because of the orientation of bedroom windows facing 100th Street,a car wash starting up could disturb the sleep of residents. Some car washes generate a substantial amount of noise when starting up and shutting down. A 10:00pm closing time may seem reasonable,unless you consider that our association has many children with much earlier bedtimes than 10:00pm. One possible solution would be to require that any gas station be oriented away from residences (which the ordinance seems to imply in regard to the canopy) and prohibit car wash entrances or.exits from facing the adjoining residences. Thank you for taking my comments into consideration. Sincerely, Yvonne M. Bergman 9908 Hamlet Avenue South Cottage Grove MN 55016 • 952-769-0888 Donald C.Wisniewski,P.E. a.� DireDirector11, e/ WASHINGTON COUNTY try Director/County Engineer3' James D Luger,RLA DEPARTMENT OF TRANSPORTATION JaParksareaw � � & PHYSICAL DEVELOPMENT Virginia S.Chace • \�"r�- 11660 MYERON ROAD NORTH•STILLWATER,MINNESOTA 55082-9573 Administrative Services Division Manager 651-430-4300 Facsimile Machine 651-430-4350 Larry S.Nybeck,PLS-County Surveyor Deputy Director,Survey and Land Management Division Marvin Erickson Facilities Manager MEMORANDUM TO: Military Road and Surrounding Area Residents '`` "' " 2003 FROM: Cory Slagle, Design Engineer DATE: March 24, 2003 RE: PROJECT UPDATE MILITARY ROAD (County State Aid Highway (CSAH) 20) RESURFACING AND SAFETY IMPROVEMENTS The project to resurface and improve Military Road between Keats Avenue (CSAH 19) and Bailey Road (CSAH 18), has been approved by the Washington County Board of Commissioners and will begin construction in May or June. The project scope is similar to what was previously discussed in the last mailing in September of 2002. In addition to resurfacing Military Road, the project will include paving a six-foot shoulder and maintaining a two-foot gravel shoulder; adding/improving • right-turn and bypass lanes at intersections along the corridor; installing a box culvert beneath Military, Road (approximately 1/2-mile west of Keats Avenue) for the South Washington Watershed District (SWWD); and resurfacing a section of Bailey Road. See the project map on the back of this memo for more information. One large culvert replacement has been added to the project since the last mailing. A metal culvert located approximately 3,600 feet west of Tower Drive (CSAH 13) will be removed and replaced. The culvert was originally scheduled to have a liner placed in it, but a recent inspection revealed that the bottom of the pipe has corroded and is not suitable for a liner. A concrete culvert will replace the existing metal culvert. Military Road between Keats Avenue and Jamaica Avenue will be closed to through traffic for approximately four weeks while the SWWD's box culvert is put in place. Military Road will also be closed to through traffic between Bailey Road and Tower Drive for one week while the culvert located west of Tower Drive is installed. Local and through traffic will have to use alternate routes as traffic is detoured in each area. Drivers should watch for construction signs to use alternate routes and follow the detours. The detours will be coordinated with the detour for the Hinton/Tower realignment project that will begin construction this summer. Residents should also be aware of detours associated with the Wakota Bridge project. Detour information for the projects is available on the web at www.co.washinoton.mn.us and www.dot.state.mn.us/metro/proiects/wakota. If you have any questions, concerns or comments about this project, feel free to contact me at 651- . 430-4337 or e-mail cory.slaglec co.washinaton.mn.us. You can also contact the project inspector, Tim Bloes, at 651-430-4334 or e-mail tim.bloesaco.washinoton.mn.us. R:',202003`CommunitiesProjectAnnouncement 3-03.doc . • :.., w _ ., ..,,,........„.__, / 0! i — ... •:k.•y:V 1 j C I, •• r- 0 4 c: .,, Lutc_,'" ClOOM>idi>1 h...0 0 I > cil C 0 r•fLt----r‘-'-'' 'A Cn 0 i'M fp N ‘-`s-- --", w ® . (1)f ' -'" v3>i ' • V ,. 1 < i CC = )- .g t 1— r I- 2 Z ' • • i sk, -......I 9. icz-J '1,, ,?!, I I- ej i-- ,<?' -I 'Y .! I 5-j Oce 1 ••,. 1.4.' --)! LU C 1 , CO 0. X, LIJ „..—_____ „.- - A;;IVViVr m., iOrCIX 1 0 . 0 L'-'1 p UJ ® lit Z 1(0 a) ilj —- 1- ••,,--- 13.1 re GOomm _ CI 0 <X < 0 I- la i_ \sqNnS Z 0 M 1 si 0 - • ; ' ' O 1 z< 5 § -I >-; --H CC c, a-: . ------'-. - ...._..- r • ›. el .71,......te _ .,. . „___.. ....„. ix )_ < ,._.. -=' a.. co 1:,...i .5 5 ,.L....„„....., t- < _1 _i 1- •-• Cz- S ....."V•t; NOi NTH C.1 1- c co ...... r4 0‘ .....(1) - 1----, uj 0 ....'E'• (-7i,! -at.ii•-•0 2 r...-- . i '7,1.4 z a ,,>•• : uj•••=_42 -.-'• _,."-‹ •i ..1 CL C.) :' ... er) Z Cn N 0 IZ ILI i . , ,-- = o N 1— ' f-7,Nv7iTocAt, i ? 4.-fli.JvH - . = ;.',t.1, z1 i-- --- IX a 'm n: ---- :t 4..i. „- - i-.-r•-.,, _ < ad '".4z1.- ,--- ......„. ...:. -a ,.,' • f i :.,- .— , 7 /../ .,,/ , ,, ICC---.....1--• 1 i ( ,,-.. ,,..: stantitHSyta, , ,. ,...,.,‘.. ,....- ,,, , -..._.• I ..... / -a Nl') t. , NiC ) /) '•"; 1,•••,. ••,,, „:" . .--- , A >- < ,._..._._,.. . .,-.+- .8 -I •-. . . '•-, CL ,-• —-I ill... ' ..--... i----1-4, ---- - --' l'f'• r1 -—L------- i ! . ------- •---....---,--_, i 0 ....r., --\ •------T- • . _.--- -...:_:-LI . -•-•.; >-;-• . i ----_, s - •:__..7 '. ,- --,----. -.7._ 7 .•-•,7---! ') - -- -.- . --,71" ,..:',,j. .......i•!!--t.------ i ...1 ! i I 1 i 1 1 ' 0, C--,1 ../ '. \ --17.1.'- 1- '..i.----1- 4-- "r"-. ...---r-- --F:''''.'..:•,•C.----1.4., - -- - ID 10. w OPICgA , ottage Grove r • ublic Works Y ': Memo To: Director of Public Safety John A. Mickelson Jr. cc: /Ryan Schroeder, Nancy Hanzlik, Bob Byeriy, Les B.ursb?n From: Harold J. Taylor, Jr., Public Works Supervisor Date: March 18, 2003 Re: Harkness Avenue Road Closure This notice is to inform all Public Safety personnel that Harkness Avenue, north of 80th Street, will be closed to through traffic beginning Monday, March 24, 2003 due to the Gateway North Construction Projects (i.e. Kohis Site — Hardwood Avenue • Corridor, etc.). Access for Harkness Avenue residents will be from 70th Street only. It is anticipated that Harkness Avenue will remain closed to through traffic until the new Hardwood Avenue corridor has been opened to traffic in the fall of 2003. All Harkness Avenue residents have been notified. Informational signage will be installed along Harkness this week in order to inform the general public of the road closure. Please notify all pertinent personnel regarding this road closure. •