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2026-01-20 City Council Agenda Packet City of Albertville Council Agenda Tuesday, January 20, 2026 City Council Chambers 7 pm PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card.” Presentations are limited to five (5) minutes. 1. Call to Order 2. Pledge of Allegiance – Roll Call Pages 3. Recognitions – Presentations - Introductions 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the January 5, 2026, regular City Council Meeting minutes as presented. 3-5 B. Authorize the Tuesday, January 20, 2026, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. 6 C. Approve One-Day Temporary Consumption and Display Permit application for the Albertville Fire Relief Association and an exemption from prohibition of liquor consumption at the Albertville Fire Hall, located at 11350 57th Street NE for Saturday, February 21, 2026. 7-8 D. Approve the amended Albertville Fire Relief Association Bylaws. 9-25 E. Approve Payment Estimate No. 5 to Ebert Construction in the amount of $391,133.15 for Central Park Playground Improvements. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) B. Building – None C. City Clerk – None City of Albertville City Council Agenda Tuesday, January 20, 2026 Page 2 of 2 D. Finance – None E. Fire – None F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal 1. Java Retail Addition Planned Unit Development Agreement - Minor Revisions 26-58 (Motion to approve the revised Planned Unit Development Agreement for the Java Retail Addition.) I. Administration 1. County Road 18 Phasing Discussion 2. City Administrator’s Update – Verbal 10. Announcements and/or Upcoming Meetings January 26 Joint Power Water Board, 6 pm Parks Committee, 7 pm February 2 City Council, 7 pm February 9 STMA Arena Board, 6 pm February 10 Planning Commission, 7 pm February 16 City Offices are closed in observance of President’s Day February 17 City Council, 7 pm (Tuesday) 11. Adjournment ALBERTVILLE CITY COUNCIL REGULAR MEETING MINUTES January 5, 2026 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7:14 pm. 2. Pledge of Allegiance – Roll Call Present: Mayor Hendrickson, Councilmembers Hayden and Zagorski. Absent: Councilmembers Cocking and Olson. Staff Present: City Administrator Nafstad, Fire Chief Bullen, Finance Director Lannes and City Clerk Luedke. 3. Recognitions – Presentations – Introductions 4. Public Forum There was no one present for the public forum. 5. Amendments to the Agenda There were no amendments to the agenda. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to approve the January 5, 2026, agenda as submitted. Ayes: Hayden, Hendrickson and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the December 15, 2025, regular City Council Meeting minutes as presented. B. Authorize the Monday, January 5, 2026, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. C. Adopt Resolution No. 2026-01, designating Officials, Consulting Firms and Depositories for 2026. D. Approve Cannabis Microbusiness with Retail Endorsement application for The Smoke Shop located at 11135 61st Street NE, Suite F. E. Accept quote from Midstates Equipment & Supply in the amount of $8,202.24 for the purchase and delivery of four pallets or 9,216 lbs. of Maxwell Nuvo 3405 sealant for bituminous crack filling. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of January 5, 2026 F. Authorize the purchase of emergency response equipment for the 2026 Chevy Tahoe SSV for the Fire Department by the low quote from Guardian Fleet Safety for a purchase price of $20,209.21 MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to approve the January 5, 2026, consent agenda as submitted. Ayes: Hayden, Hendrickson and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. 7. Public Hearing – None 8. Wright County Sheriff’s Office – Updates, reports, etc. The Wright County Sheriff Deputy reported he had been assigned to work in the City of Albertville until the spring and stated he was looking forward to serving the community during that time. The Council welcomed the Wright County Deputy and thanked him for his service. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Councilmember Zagorski reported that the December Planning Commission meeting had been canceled due to the weather and the items had been moved to the January 2026 meeting. He also reported on the Joint Powers Water Board meeting which included a discussion on the 2026 Operation and Maintenance budget. 2. Approve 2026 Board and Committee Appointments MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to adopt Resolution No. 2026-02 appointing City Council Members to various Boards and Committees for 2026. Ayes: Hayden, Hendrickson and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. B. Building – None C. City Clerk 1. Local Board of Appeals and Equalization Meeting Date City Clerk Luedke reported that the Wright County Assessing Department had tentatively scheduled the Albertville Local Board of Appeals and Equalization meeting for Monday, April 20, 2026, at 6:15 pm and noted that City staff recommended setting the meeting for that time. MOTION made by Councilmember Zagorski, seconded by Councilmember Hayden to set the meeting for the Albertville Local Board of Appeals and Equalization for April 20, 2026, at 6:15 pm. Ayes: Hayden, Hendrickson and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of January 5, 2026 D. Finance 1. Recycling Contract with Republic Services DBA Randy’s Sanitation, LLC Finance Director Lannes presented the staff report and provided background information on the current recycling contract which will expire on May 31, 2026. She responded to questions from Council. MOTION made by Councilmember Hayden, seconded by Councilmember Zagorski to approve the contract with Randy’s Sanitation, LLC for residential recycling services for a term to expire May 31, 2031. Ayes: Hayden, Hendrickson and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. E. Fire – None F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal – None I. Administration City Administrator Nafstad updated the Council on items happening within the City of Albertville. 10. Announcements and/or Upcoming Meetings January 12 STMA Arena Board, 6 pm January 13 Planning Commission, 7 pm January 19 City Hall closed in observance of Martin Luther King Jr. Day January 20 City Council, 7 pm (Tuesday) January 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm February 2 City Council, 7 pm 11. Adjournment MOTION made by Councilmember Hayden, second by Councilmember Zagorski to adjourn the meeting at 7:31 pm. Ayes: Hayden, Hendrickson and Zagorski. Nays: None. Absent: Cocking and Olson. The motion carried. Respectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 5 Mayor and Council Request for Action January 20, 2026 SUBJECT: CONSENT – FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Tuesday, January 20, 2026, payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff have reviewed and recommend approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • List of Claims (under separate cover) Agenda Page 6 Mayor and Council Request for Action January 20, 2026 SUBJECT: CONSENT – CITY CLERK – ALBERTVILLE FIRE RELIEF ASSOCIATION TEMPORARY CONSUMPTION AND DISPLAY PERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve One-Day Temporary Consumption and Display Permit application for the Albertville Fire Relief Association and an exemption from prohibition of liquor consumption at the Albertville Fire Hall, located at 11350 57th Street NE for Saturday, February 21, 2026. BACKGROUND: Annually, the Albertville Fire Relief Association holds a department-wide party and dinner event. Members and guests are allowed to consume alcoholic beverages at the event. No liquor retail sales will occur at the event, so a one-day temporary consumption and display permit must be obtained in order to consume alcoholic beverages. In addition, City Code Section 8-4-2 prohibits the following: LIQUOR CONSUMPTION: A. Prohibited Areas: The consumption of alcohol is prohibited at the fire hall, the public works facility, the wastewater treatment facility and on any of the property on which those facilities are located unless the City has issued a permit for such consumption pursuant to subsection B of this section. Therefore, the Albertville Fire Relief Association is requesting a one-day exemption from this prohibition. KEY ISSUES: • The department-wide party and dinner will be held on February 21, 2026, starting at 5 pm at the Albertville Fire Hall located at 11350 57th Street NE. • This is an annual event, and the St. Michael Fire Department covers all Albertville Fire Department calls for the evening. • This license is granted by the MN Department of Alcohol and Gambling Enforcement but requires City approval of the permit prior to issuance. • The Fire Relief Association has held previous consumption and display permits for their annual event. • The Albertville Fire Relief Association is requesting a one-day exemption from City Code Section 8-4-2 related to prohibited areas for liquor consumption. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve or deny liquor licenses. FINANCIAL CONSIDERATIONS: There is no fee for the one-day temporary consumption and display permit. Agenda Page 7 Mayor and Council Request for Action – January 20, 2026 Clerk – Fire Relief Consumption & Display Permit Page 2 of 2 Responsible Person: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD On File: • One-Day Temporary Consumption and Display Permit application Agenda Page 8 Mayor & Council Request for Action January 20, 2026 SUBJECT: CONSENT - FIRE - AMENDED ALBERTVILLE FIRE RELIEF ASSOCIATIONS BYLAWS RECOMMENDATION: Staff respectfully requests Council consideration regarding the amended Albertville Fire Relief Association Bylaws. MOTION TO: Approve the amended Albertville Fire Relief Association Bylaws. BACKGROUND: On October 16, 2023, the Albertville City Council authorized the Albertville Fire Relief Association to move the pension asset and benefit functions (Special Fund) of the Relief Association to the MN PERA Statewide Volunteer Firefighter (SVF) Plan. In subsequent meetings, the Albertville Fire Relief Association Board of Trustees voted to keep the General Fund of the Relief Association active. To do so, the Albertville Fire Relief Association Board of Trustees needed to amend their current bylaws to reflect the move to managing only the General Fund of the Association. The Albertville Fire Relief Association Board of Trustees used PERA’s “Model Bylaws for Relief Association Maintaining a General Fund” and customized the Model Bylaws to the needs of the Albertville Fire Relief Association. On Monday, November 27, 2023, the Albertville Fire Relief Association Board of Trustees unanimously adopted the amended bylaws. On Thursday, November 30, 2023, the amended bylaws were presented to the Albertville Fire Relief Association membership, and a vote to adopt the amended bylaws passed unanimously. On January 8, 2026, the Albertville Fire Relief Association held their Annual Meeting. Part of the meeting agenda was to elect new representation to the Board of Trustees. Requirements of the current bylaws state: Section 5.2.1 – Filing Requirements for the Board of Trustees Any member seeking election to the Board of Trustees must file a letter of intent to do so with the Secretary of the Association no later than 10-days prior to the date of the Annual Meeting as specified in the notice. At the time of the Annual Meeting, only one Relief Association member had filed a letter of intent with the Secretary, making a vote for the Board of Trustees not possible. A motion and second, to amend the Relief Association bylaws were made, followed by lengthy discussion, and finally a vote on the below Draft language change: Agenda Page 9 Mayor and Council Request for Action – January 20, 2026 Consent – Fire – Fire Relief Association Bylaws Page 2 of 2 Section 5.2.1 Voting Requirements for the Board of Trustees Any member seeking election to the Board of Trustees must be nominated by another Relief Association member, at the Annual Meeting. The Association membership will then vote, with the top four vote getters being the selected members of the Board of Trustees. The Relief Association membership unanimously voted in favor of the new, draft, language. If approved by the City Council, the amended Albertville Fire Relief Association Bylaws will become effective January 21st, 2026. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy for Council to review and approve policies as they deem necessary. Responsible Person: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Amended Albertville Fire Relief Association Bylaws - DRAFT Agenda Page 10 1 BYLAWS OF THE ALBERTVILLE FIRE RELIEF ASSOCIATION AMENDED 1/8/2026 APPROVED 1/8/2026 EFFECTIVE 1/21/2026 Agenda Page 11 2 BYLAWS OF THE ALBERTVILLE FIRE RELIEF ASSOCIATION ARTICLE 1 - OFFICE Section 1.1 Registered Office The registered office of the Albertville Fire Relief Association (Association) shall be the office of the Albertville Fire Department (Fire Department). The Board of Trustees shall have authority to change the registered office of the Association. Section 1.2 Offices The Association may have such other offices, including its principal business office, within the State of Minnesota, as the Board of Trustees may designate or as the business of the Association may require. ARTICLE 2 – NAME Section 2.1 Name The name of the Association is the Albertville Fire Relief Association (Association). ARTICLE 3 – PURPOSE Section 3.1 Purpose The purpose of the Association is to provide for identified, legally permissible, needs of the Fire Department, and its members, as determined by the Board of Trustees. Disbursements from the general fund may be made for any purpose that is authorized by the Bylaws of the Association. Agenda Page 12 3 ARTICLE 4 – MEMBERS Section 4.1 Annual Meeting The Annual Meeting of this Association shall be held on the first or second Thursday of January each year, aligning with the Fire Department training schedule. The place of the meeting shall be designated and may be changed by the Board of Trustees. Section 4.2 Special Meetings Special meetings of the members may be called at any time upon written order of the President and one other member of the Board of Trustees or of ten members of this Association. In either case, the order shall be filed with the Secretary who shall thereupon give notice of the meeting to each member of the Board of Trustees and to each member of this Association entitled to vote at the meeting. No other business shall be transacted at a special meeting than that specified in the notice of the meeting. Section 4.3 Quorum Fifty percent, plus one member, shall constitute a quorum for the transaction of business. The members present at a duly called or held meeting, at which a quorum of the members is present, may continue to transact business until adjournment notwithstanding the withdrawal of enough members to leave less than a quorum. In case a quorum is not present at any meeting, those present shall have the power to adjourn the meeting from time to time, without notice or other announcement at the meeting, until the requisite number of members shall be represented. Any business may be transacted at such reconvened meeting which might have been transacted at the meeting which was adjourned. Section 4.4 Voting At each meeting of the members, every member shall be entitled to vote in person but not by proxy. Each member shall have one (1) vote. Upon demand of any member, the vote for Trustees or the vote upon any question before the meeting shall be by ballot. All elections shall be had and all questions decided by a majority vote of the number of members entitled to vote and present at any meeting at which there is a quorum, except in such cases as shall otherwise be required or permitted by Statute, the Articles of Agenda Page 13 4 Incorporation, these Bylaws or by agreement approved by a majority of all members. Section 4.5 Notice of Meetings There shall be given to each member of the Association a written notice of any Annual Meeting, which notice shall be given at least ten days prior thereto, or any Special Meeting, which notice shall be given at least 48 hours prior thereto. Every meeting, and the business transacted at all special meetings shall be confined to purposes stated in the call. Section 4.6 Presiding Officer The appropriate Officers of the Association shall preside over all meetings of the members; provided, however, that in the absence of an appropriate corporate officer at any meeting of the members, the members in attendance shall choose any member present to act as presiding officer of the meeting. Section 4.7 Conduct of Meetings of Members Subject to the following, and where consistent with state statute, meetings of members shall follow the "Robert's Rules of Order Newly Revised, 12th edition." 1. The chair of the meetings shall have absolute authority over matters of procedures and there shall be no appeal from the ruling of the chair. If the chair, in its absolute discretion, deems it advisable to dispense with the rules of parliamentary procedure as to anyone meeting of members or part thereof, the chair shall so state and shall clearly state the rules under which the meeting or appropriate part thereof shall be conducted. 2. If disorder should arise which prevents continuation of the legitimate business of the meeting, the chair may quit the chair and announce the adjournment of the meeting; and upon the Chair's so doing, the meeting is immediately adjourned. 3. A resolution or motion shall be considered for vote only if proposed by a member and seconded by a member other than the individual who proposed the resolution or motion. Agenda Page 14 5 Section 4.8 Order of Business The suggested order of business at the Annual Meeting of members and so far, as possible at all other meetings of the members shall be: 1. The meeting shall be called to order by the President, who shall be the chair, at the time and on the date of the meeting. 2. Calling of the roll. 3. Reading and disposal of any unapproved minutes. 4. Annual reports of all Officers and committees. 5. Election of Trustees. 6. Unfinished business. 7. New business. 8. Adjournment. Section 4.9 Membership All individuals, who are members of the Fire Department, are engaged in or qualified to provide fire suppression duties, and who meet any additional standards established by the Fire Department or by the Association, are eligible for membership in the Association. Membership in the Association begins on the date the member becomes a Probationary Paid-On-Call Firefighter. Section 4.10 Age Requirements No person under the age of eighteen shall be accepted as a member of this Association from and after the date of adoption of these Bylaws. Section 4.11 Expulsion from Membership Any member may be expelled from this Association for cause by a majority vote of members of the Board of Trustees at a regular meeting or special meeting. Notice of the meeting and a written statement of charges shall be given to such member, and the member shall be given an opportunity to be heard at such meeting. In the case of a resignation by a member, no written notice of the charges or the meeting is required to be given. Cause for expulsion shall include, but shall not be limited to, resignation or discharge from the Fire Department, failure to account for money belonging to the Agenda Page 15 6 Association, or feigning illness or injury for the purpose of defrauding the Association. Agenda Page 16 7 ARTICLE 5 – TRUSTEES Section 5.1 General Powers The property, affairs, and business of the Association shall be managed by the Board of Trustees. Section 5.2 Board of Trustees The Board of Trustees shall consist of five members. One of the trustees shall be the Fire Chief of the Fire Department the other four Trustees shall be elected by, and from, the Association membership. Section 5.2.1 – Filing Requirements for the Board of Trustees Any member seeking election to the Board of Trustees must file a letter of intent to do so with the Secretary of the Association no later than 10-days prior to the date of the Annual Meeting as specified in the notice. Section 5.2.1 Voting Requirements for the Board of Trustees Any member seeking election to the Board of Trustees must be nominated by another Relief Association member, at the Annual Meeting. The Association membership will then vote, with the top four vote getters being the selected members of the Board of Trustees. Section 5.3 Term Trustees shall be elected for two (2) year terms. Section 5.4 Vacancies Vacancies in office or any other vacancy on the Board of Trustees may be filled by the Board, in the form of an appointment, for the unexpired portion of the term. Section 5.5 Removal of Trustees One or more trustees may be removed from the office by a majority vote of the members of the Board of Trustees for failure to attend two or more consecutive regular meetings of the Board of Trustees as defined in Section 5.8 hereof. Trustees may be removed from office by a majority vote of the remaining Board of Trustees, for cause, which includes but is not limited to, willful misconduct, conviction of a felony, or a breach of fiduciary duties to the Association. A trustee may be removed without cause by a two-thirds Agenda Page 17 8 (2/3)-majority vote of the Board of Trustees. No trustee shall be removed from office pursuant to this provision unless notice of the annual or special meetings at which the removal is to be considered states such a purpose. When a member of the Board of Trustees has been removed, the vacancy on the Board of Trustees may be filled by vote of a majority of the remaining trustees acting at the same meeting. Section 5.6 Quorum A majority of the Board of Trustees shall constitute a quorum for the transaction of business; provided, however, that if any vacancies exist by reason of death, resignation or otherwise, a majority of the remaining trustees, but not less than two (2), shall constitute a quorum for the conduct of business. Section 5.7 Annual Meetings As soon as practical after each Annual Meeting of the members, the Board of Trustees shall meet for the purposes of organization and electing the following Officers: President, Vice-President, Secretary, and Treasurer for a term of two-years. Section 5.8 Regular Meetings Regular meetings of the Board of Trustees shall be held from time to time at such place as may from time to time be fixed by resolution adopted by a majority of the whole Board of Trustees. Unless notice shall be waived by all trustees entitled to notice, notice shall be given in the same manner as prescribed for notice of special meetings. Section 5.9 Special Meetings Special meetings of the Board of Trustees may be held at such time and place as may from time to time be designated in the notice or waiver of the meeting. Special meetings of the Board of Trustees may be called by the President, or by any two trustees. There shall be given to each member of the Board of Trustees a written notice of any Special Meeting, which notice shall be given at least 48-hours prior thereto. Each trustee, by attendance and participation in the action taken at any trustees meeting, shall be deemed to have waived notice of such meeting. Agenda Page 18 9 Section 5.10 Executive Committee The Board of Trustees may create an executive committee. The committee shall act only in the interval between meetings of the board and shall be subject at all times to the control and direction of the board. Section 5.11 Order of Business The meetings shall be conducted in accordance with "Robert's Rules of Order Newly Revised, 12th edition," and the suggested order of business at any meetings of the trustees shall be: 1. The meeting shall be called to order by the President at the time and on the date of the meeting. 2. Roll Call 3. Proof of due notice of meeting, or unanimous consent, or unanimous presence and declaration by President. 4. Reading and disposal of any unapproved minutes. 5. Reports of Officers and committees. 6. Correspondence of Officers. 7. Unfinished business. 8. New business. 9. Adjournment. Section 5.12 Informal Action of Trustees Any action required to be taken at a meeting of the trustees, or any other action which may be taken at a meeting of the trustees, may be taken without a meeting and notice thereof if a consent in writing, setting forth the action so taken, shall be signed by a majority of the trustees entitled to vote with respect to the subject matter set forth. Agenda Page 19 10 ARTICLE 6 – OFFICERS Section 6.1 Number of Officers The Officers of the Association shall include a President, Vice-President, Secretary, and Treasurer, and may include such other Officers as may from time to time be chosen by the Board of Trustees. In no event shall any trustee hold more than one officer position at any one time. Section 6.2 President The President shall have general active management of the Association. The President shall preside at all meetings of the members. The President shall be the Chief Executive Officer of the Association and shall see that all orders and resolutions are carried into effect. The President shall be an ex-officio member of all standing committees. The President may execute and deliver, in the name of the Association, any deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of the Association as may be prescribed from time to time by the Board of Trustees, and in general shall perform all duties usually incident to the Office of President and such other duties as may from time to time be assigned to him by the Board. Section 6.3 Vice-President The Vice-President shall have such powers and shall perform such duties as may be specified in these Bylaws or prescribed by the Board of Trustees. In the event of absence or disability of the President, the Vice-President shall succeed to the Office of President and assume all powers and duties in the order in which they are elected or as otherwise prescribed by the Board of Trustees. Section 6.4 Secretary The Secretary shall be Secretary of, and shall attend, all meetings of the Board of Trustees. The Secretary shall act as clerk thereof and shall record all the proceedings of such meetings in the minute book of the Association. The Secretary shall give proper notice of meetings of Trustees. The Secretary shall, with the President or Vice-President, acknowledge all certificates for shares of the Association and shall perform such other duties as may be prescribed from time to time by the Board of Trustees or such duties that may be prescribed by Minnesota State Statute. The duties herein, other than Agenda Page 20 11 statutory duties, may be assigned to a contracted person at the discretion of the Board of Trustees. Section 6.5 Treasurer The Treasurer sha II keep accurate accounts of all moneys of the Association received or disbursed. The Treasurer shall deposit all moneys, drafts, and checks in the name and to the credit of the Association in such banks and depositories as the Board of Trustees shall designate from time to time. The Treasurer shall disburse the funds of the Association as authorized by the Board of Trustees. The Treasurer shall render to the President and the Board of Trustees, whenever required, an account of all transactions as Treasurer and of the financial condition of the Association and shall perform such other duties as may be prescribed from time to time by the Board of Trustees or Minnesota State Statute. The duties herein, other than statutory duties, may be assigned to a contracted person at the discretion of the Board of Trustees. Section 6.6 Annual Report At the end of each year, the Secretary and Treasurer shall jointly prepare a detailed annual report of the receipts and expenditures for the year showing for what purpose all money has been paid. Such report shall be prepared on or before the Annual Meeting of the Association. Agenda Page 21 12 ARTICLE 7 – FUNDS Section 7.1 General Fund The funds received by this Association from dues, fines, initiation fees, entertainments, and other miscellaneous sources shall be kept in a General Fund by the Secretary and/or Treasurer and may be disbursed by the Board of Trustees for any purpose reasonably suited to the welfare of the Association, and its members, or for equipment and maintenance of the Fire Department. The General Fund is governed by Minnesota Statute 424A.06. See Attachment A - Approved Expenses Section 7.2 Disbursements No disbursement of the funds of this Association shall be made except by checks drawn by the Treasurer and countersigned by the President or Secretary. Section 7.3 Deposits All money belonging to this Association shall be deposited in such banks, trust companies, or other such depositories as the Board of Trustees may designate. Agenda Page 22 13 ARTICLE 8 – DEFINITIONS Section 8.1 Fiduciary Responsibility In the discharge of their respective duties, the Officers and trustees shall be held to the standard of care enumerated in Section llA.09 of the State Board of Investment Fiduciary Standard. In addition, the trustees must act in accordance with Chapter 356A. No trustees of the Association shall cause the Association to engage in a transaction if the fiduciary knows or should know that a transaction constitutes one of the following direct or indirect transactions: 1. Sale or exchange or leasing of any real property between the Association and a Board member. 2. Lending money or other extension of credit between the Association and a Board member or member of the Association. 3. Furnishing of goods, service, or facilities between the Association and a Board member; or, 4. Transfer to a Board Member or use or for the benefit of a Board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law. Section 8.2 Board of Trustees The Board of Trustees of the Association as specified under Minnesota Statute 353G.06, Subdivision 2. Section 8.3 Accounting Date Defined as December 31st of each year. Agenda Page 23 14 ARTICLE 9 – AMENDMENTS Section 9.1 Amendments The Bylaws of this Association may be amended at any regular or special meeting of the Association by a favorable vote of 2/3 of the members present and voting, providing a quorum is present; and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more than 21 days preceding the date upon with such amendment or amendments are to be acted upon, and that a notice be mailed to each member at their last known address not less than 10 days prior to the scheduled date of such meeting. Section 9.2 Action by Board of Trustees The Board of Trustees of the Association is expressly authorized to propose changes to the Bylaws of the Association and to alter or repeal Bylaws so made. In so acting, the Board of Trustees may do so only upon vote of a majority of the entire Board of Trustees then in office at any meeting, and proof that notice of such proposal of amendment shall have been given to the Trustees in the notice of such meetings. Such authority in the Board of Trustees is subject to the powers of the voting members to enact, change or repeal such Bylaws by majority vote of the members present and represented at any Annual Meeting or at any special meeting called for that purpose, and the Board of Trustees shall not make or alter any Bylaws fixing the number, qualification or term of office of members of the Board. The undersigned Secretary of this Association hereby certifies that the foregoing Bylaws were adopted as the complete Bylaws of the Association at a duly called meeting of the members of said Association on this 8th Day of January 2026. Gerald Gerads, Secretary Attest: Darrick Asleson, President Agenda Page 24 15 ATTACHMENT A – APPROVED EXPENSES The listed expenses have been approved by the Albertville Fire Relief Association Board of Trustees: 1. Paid -on-call Firefighter/ Relief Association member Fire Department Jacket, up to $300. 2. Monthly Fire Department Dinner = Food reimbursement, up to $250. 3. Annual, and initial dues, for all Fire Department members to the Volunteer Firefighters' Benefit Association of Minnesota. 4. $300 gift, plus shipping costs, for any Relief Association member separating from service with between 10 and 20-years of service. 5. $500 gift, plus shipping costs, for any Relief Association member separating from service with 20-years, and over, of service. 6. Fire Department equipment, events, gear, and uniforms, as approved by the Board of Trustees. Agenda Page 25 Mayor and Council Request for Action January 20, 2026 SUBJECT: LEGAL – JAVA RETAIL ADDITION PUD DEVELOPER’S AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the revised Developer’s Agreement for Java Retail Addition. BACKGROUND: JAVA Properties LLC has already received final plat approval for its plat of Java Retail Addition, subject to the terms of the Developer’s Agreement. The site plans for both the Aldi Grocery Store and the Mister Car Wash have also previously been approved. The Developer is purchasing and platting all of the property that is owned by Mike and Heidi Potter at this location. The JAVA Developer’s Agreement has previously been approved by the City, but the Developer has requested minor changes after that approval. The Developer’s Agreement is coming back to the City Council for approval of these minor changes, which, other than changes to how liens may be handled if filed on public property (the City would still be able to use the letter of credit to satisfy those liens), do not substantively affect the terms of the Agreement. All changes to the Agreement are shown in highlight. KEY ISSUES: • The City Attorney has reviewed these changes and has no objection to those changes in this agreement. The City Attorney did delete three of the proposed changes which would have substantively affected the City’s rights under this Agreement. POLICY/PRACTICES CONSIDERATIONS: This is the City’s standard developer’s agreement adapted for this specific site. FINANCIAL CONSIDERATIONS: The City is collecting its park dedication, trunk water, trunk sewer and administrative fees from this development. The amount of the letter of credit that will be due (and the administrative fee) is still being calculated. LEGAL CONSIDERATIONS: The City has the power to require the developer to enter into a developer’s agreement as a condition of plat approval. Department/Responsible Person: Mike Couri, City Attorney Submitted Through: Adam Nafstad, City Administrator Attachment: • Development Agreement JAVA Retail Addition. Agenda Page 26 1 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT JAVA RETAIL ADDITION B-3/PUD This Agreement (“Agreement”) is made and entered into this ___ day of ____________, 20262025, by and between the City of Albertville, a municipal corporation organized under the laws of the State of Minnesota (the “City”), and Java Albertville RetailCompanies, LLC, a Minnesota Limited Liability Company (the “Developer”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, the City previously established the B-3 General Business District zoning, which governs land use, lot requirements, setbacks, and development standards within such districts; and WHEREAS, Developer is the owner of Lots 1 and 2, Block 1, and Outlot A, Java Retail Addition, Wright County, Minnesota (collectively, the “Property” or “Said Plat”), which is currently zoned B-3 and is proposed for development as a Planned Unit Development (“PUD”), and which real property is subject to the provisions of this Agreement; and WHEREAS, Developer has submitted applications to the City, including a Preliminary Plat, Final Plat, PUD, and associated site plan review, to establish the Java Retail Addition B- 3/PUD and construct commercial developments including, but not limited to, a car wash with accessory structures and a grocery store on the Property; and WHEREAS, the proposed PUD seeks flexibility from the strict requirements of the City’s Zoning Ordinance as specifically set forth in this Agreement, while maintaining consistency with the B-3 zoning standards and applicable City Code; and WHEREAS, the Property’s proposed development includes necessary public improvements, including municipal water, sanitary sewer, stormwater ponding, street lighting and sidewalks (collectively, “Municipal Improvements”), all to be constructed and financed by Developer in accordance with the plans approved by the City; and WHEREAS, the City further requires that certain on- and off-site improvements be installed by the Developer within Said Plat, which improvements consist of Private Drives, storm sewer, top soil and sod, grading control per lot, bituminous or concrete driveways, drainage swales, landscaping, screening, street signs, street lights, street cleanup during project development, erosion control, and other site-related items; and WHEREAS, the City desires to ensure that the development of the Property is consistent with the Albertville Zoning Ordinance, Minnesota State Building Code, City engineering standards, and the Albertville Comprehensive Plan; and Agenda Page 27 2 WHEREAS, final approval has been granted by the City to allow for the aforementioned Development proposed by Developer, with such approval contingent upon the Developer entering into this Development Agreement; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the Parties and subsequent owners, the understandings, obligations, and covenants of the Parties concerning the development of the Property and the conditions imposed thereon; NOW, THEREFORE, in consideration of the mutual promises, covenants, and considerations herein contained, the Parties agree as follows: 1. Planned Unit Development. The City hereby grants approval of the development on the Property as the Java Retail B-3/PUD Planned Unit Development with flexibility from the strict requirements of the City’s Zoning Ordinance as specifically set out herein. Unless otherwise explicitly set forth in this Agreement, Developer must conform to the requirements of the B-3 zone (General Business District) of the Albertville Zoning Ordinance and all other applicable land use regulations. Developer agrees that the following conditions will be met on a continuing basis: A. The City and Developer agree that Lots 1 and 2, Block 1, Java Retail Addition are intended to be used only for uses allowed in the Java Retail B-3/PUD, which shall be the same as the B-3 base zoning district, as depicted in the plans attached as Exhibit A, as well as: i. Car washes, and related multiple accessory structures, as a permitted use, with the standards and conditions established in this section, as also depicted in the plans attached as Exhibit A and C. B. Lot requirements and setbacks shall be the same as the underlying B-3 zoning district. C. Special PUD Conditions: i. A private street easement over the lots 1 and 2, Block 1 of Said Plat must be prepared and recorded at the Wright County Recorder’s Office by the applicant that defines the location and configuration of the private street. The easement must allow shared access to all the lots in the plat. Such street easement shall meet the approval of the City Attorney. ii. All improvements shall be constructed in accordance with the latest edition of CEAM’s Standard Utility Specifications and the City of Albertville’s standards. Agenda Page 28 3 iii. Record drawings of all site improvements, prepared consistent with the City’s As-Built Checklist, shall be submitted prior to issuance of any Certificate of Occupancy. iv. All traffic signing and striping shall conform to the most recent edition of the MMUTCD and applicable fire regulations. v. SAC and WAC charges, as well as storm water connection charges, shall be paid prior to the issuance of any building permits. vi. A Stormwater Management Agreement shall be executed and recorded against the property to provide for the long-term maintenance of the stormwater pond by the owners of Lots 1 and 2, Block 1 of Said Plat, consistent with that Stormwater Management Agreement attached hereto as Exhibit B. vii. Curb barriers must meet the setbacks established in Section 1200.4(H)(16) of the zoning ordinance, except for the shared lot line between Lot 1 and Lot 2, Block 1, JAVA RETAIL ADDITION within the PUD. viii. The number of required parking spaces constructed on Said Plat shall be the same number and configuration as shown on the attached Exhibit A. Any proposed development that would result in an increase in required parking spaces per the City’s zoning ordinance must provide the additional required parking for such proposed development. ix. Developer shall install and maintain in good condition a fence meeting the standards of City Code Section 1000.7 to provide screening along the west property line of Lot 1 where it abuts the cemetery to the west said Lot 1. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off the Subject Property as detailed in the Plans and Specifications for Java Retail Addition, as prepared by Michael J. Gerber, dated September 4, 2024 and on file with the City Clerk, said improvements to include installation of water mains and sanitary sewers as shown on the Utility Plan attached as Exhibit C, stormwater ponding, street lighting, curb and gutter on the west side of Mackenzie Avenue NE shall be extended to the new driveway entrance to Said Plat as shown on the attached Exhibit A and all other improvements required by the City Engineer. All such improvements shall be constructed according to the standards adopted by the City, and in conformance with said Plans and Specifications for Java Retail Addition along with all items required by the City Engineer. Unless the City Agenda Page 29 4 Engineer specifies a later date, said improvements shall be installed by October 31, 2026. B. The Developer shall provide the City with record drawings as well as electronic drawings in a format required by the City for all Municipal Improvements, consistent with City requirements and subject to review and approval of the City Engineer. Record drawings shall be certified by a registered land surveyor or engineer that all Municipal Improvements have been constructed on public easements, as applicable. C. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. Acceptance shall be by City Council motion or resolution. D. Developer shall not allow any mechanic’s liensprovide the City with lien waivers from all contractors and subcontractors engaged to be filed against the Subject Property as the result of the construction of the construct said Municipal Improvements. If a mechanic’s lien is filed against on the Subject Property as the result of the construction of the Municipal Improvements and. Should Developer does not cause such fail to provide the City with all applicable lien to be released of record within thirty (30) days after filingwaivers, the City reserves the right to draw upon Developer's surety after providing Developer with 30 days written notice and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work, subject in all events to applicable retainage. E. The City shall, at its option, have the City Engineer or other representative present on the Subject Property for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all reasonable costs incurred by the City during said inspections. F. The owners of said Lots 1 and 2 shall be responsible for snow and ice control, at Developer’s expense, on the right turn lane from Wright County Highway No. 1361376 onto Said Plat. 3. Construction of On- and Off-Site Improvements A. Developer shall construct all on- and off-site improvements, including installation of paved private drives, curb and gutter, boulevards, sidewalks, street signs, traffic signs, yard topsoil, sod and seed in all yards, private utilities, grading, drainage swales, storm sewers, berming, erosion control, street cleanup during project Agenda Page 30 5 development, and similar items as necessary, to be constructed on the Subject Property (“On- and Off-Site Improvements”), all as required by City ordinance and this Agreement. All grading, drainage, utility, and final site plans are subject to the review and approval of the City Engineer. In all cases, permanent turf or grass must be established over all areas of the Subject Property not covered by a hard or impervious surface. Said On- and Off-Site Improvements shall be installed no later than October 31, 2026, with the exception of erosion control, drainage swales, and berming, which shall be installed upon initial grading of the Subject Property, and private utilities, which shall be installed prior to the issuance of a Certificate of Occupancy. B. Developer shall construct new private drives necessary to provide access to Lot 1 and Lot 2, Block 1, Java Retail Addition, in the locations shown on Exhibit D. The construction of such private drives shall occur prior to the issuance of any Certificate of Occupancy for buildings on Lots 1 and 2, Block 1, Java Retail Addition. Before constructing such drives, Developer shall obtain permanent, recordable easements for the private drives from all affected lots within Lots 1 and 2, Block 1, Java Retail Addition, in a form reasonably acceptable to the City Attorney, and such easements shall be recorded with the recording of this Development Agreement. Developer shall, at its own expense, ensure the following items are installed within the Development, all such items to be installed underground, within the parking areas or drive easements, or such other locations as may be approved by the City Engineer, in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by CenterPoint Energy or other such carrier; iii. Other utilities as required to serve the Development, including communications and optical fiber if applicable. C. Developer shall, at its own expense, ensure the following items are completed prior to October 31, 2026: i. All fencing installed by the prior owner on the Subject Property shall be removed from the site, in accordance with the Settlement Agreement filed in Wright County District Court Case No. 86-CV-23-5596 dated January 21, 2025. ii. All existing storm sewer, structures, and driveway culverts along the west side of Mackenzie Avenue NE shall be removed, unless such structures are permitted to remain by written confirmation of the City Engineer Agenda Page 31 6 iii. A swale shall be designed and constructed along Mackenzie Avenue NE, with trees cleared and grubbed, all as required by the City Engineer. iv. All gravel and material from the southeast corner of the property shall be removed, and the area restored with topsoil and turf. D. Developer shall maintain erosion control measures in accordance with the Minnesota Pollution Control Agency’s NPDES permit and the stormwater pollution prevention plan attached as Exhibit E. E. Trees, shrubs, berms, and screening are to be planted and installed as shown on the Landscaping Plan attached as Exhibit J. Developer shall replace any plantings that die with substantially the same or similar landscape planting shown on the Landscape Plan. F. Notwithstanding the requirements of Section 3A above, and except as otherwise provided in this Agreement, the Developer shall ensure that all On- and Off-Site Improvements are installed to the City’s satisfaction prior to the date that a Certificate of Occupancy (temporary or permanent) is issued by the City for any building located on the Java Retail Addition, unless the Certificate of Occupancy is issued after October 1st and before March 30th in any given year, in which case a temporary Certificate of Occupancy shall be issued with the requirement that the Developer install landscaping improvements by the following June 30th. 4. Surety Requirements. A. The Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this Agreement shall be performed. Said letter of credit or surety shall be in the amount of $_________ representing the sum of 100% of the estimated cost of the Municipal Improvements ($___________) and 150% of the estimated cost for landscaping/screening materials related to the Subject Property ($______________ x 150% = $________________) and $1,500 per acre for erosion control ($_________). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank (the issuing bank must be an FDIC insured bank located within 100 miles of the City of Albertville), and must be available in its entirety to fulfill the obligations of the Developer under this Agreement. The letter of credit to the City shall contain language requiring its automatic renewal prior to December 31 of each calendar year, unless cancellation of the letter of credit is specifically approved in writing by the City. B. Upon a Developer Default hereunder, theThe City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to Municipal Improvements and On- and Off-Site Improvements described above, erosion control, and other such measures), to pay liens on the Subject Property in the Agenda Page 32 7 manner provided for herein, to reimburse itself for reasonable costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of the Developer under this Agreement. Said letter of credit must be maintained by Developer at all times at the level provided in paragraph 4A above or a lesser amount authorized by the City Council pursuant to paragraph 5B below. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, Developer agrees that upon being billed by the City, the Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the Development as paid by the City. D. Developer hereby agrees to allow the City to specially assess the Subject Property for any and all reasonable costs incurred by the City in enforcing any of the terms of this Agreement should the Developer's letter of credit or surety prove insufficient or should the Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess the Subject Property for said reasonable costs, the Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute § 429.081, to the extent of the costs identified in this Agreement. E. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to the Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. F. In the event the Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not dismissed within 60 days, or in the event a court appoints a receiver for the Developer, the City may draw on its letter of credit or surety in its full amount to secure its surety position. The City shall then release the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement. Agenda Page 33 8 5. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, and/or erosion control, and/or Landscaping Improvements and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of such improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's reasonable cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements have been installed, that portion of the letter of credit or surety attributable to the Municipal Improvements may be reduced by the dollar amount of such Municipal Improvements installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii. When all or a portion of the Landscaping Improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of such Landscaping Improvements installed, except the City shall retain the letter of credit or surety in the amount of 25% of the estimated Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. C. The reasonable costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the Development of the Subject Property, the City's reasonable costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various representations shall be paid by Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event Developer abandons the Development, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from the Subject Agenda Page 34 9 Property, or fails to leave the Subject Property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all reasonable costs the City may incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise restore the Subject Property to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Subject Property and to facilitate mowing of the Subject Property. In the event that said costs are not paid, the City may specially assess such costs against the Subject Property and/or take necessary legal action to recover such costs, including reasonable attorneys’ fees. 7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, mapping, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Developer’s PUD application, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, mapping and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, then the City may specially assess such costs against the Subject Property. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibits HG and IK. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 9. Drainage Requirements. Developer shall comply with all applicable requirements for drainage into any county ditch or other ditch through which water from the Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city drainage requirements, all at Developer's sole expense. 10. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer (including ditches) when said damage occurs as a result of the activity which takes place during the development of the Subject Property. Developer further agrees to pay all reasonable costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place on the Subject Property. Developer agrees to clean the public streets providing access to the Subject Property on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on the Subject Property will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on the Subject Property will be repaired within 14 days if not deemed to be an emergency by the City. Agenda Page 35 10 If Developer fails to so clean the streets or repair or maintain said public property, the City, , may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, Developer shall reimburse the City for all of its reasonable expenses within thirty (30) days of its billing to the Developer. If Developer fails to pay said bill within such period, then the City may reimburse itself by drawing on the letter of credit, may specially assess such costs against the Subject Property, or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to reasonable attorneys’ fees incurred by the City as a result of such legal action. 11. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to completeaccomplish any necessary work pursuant to this Agreement. Upon expiration of the warranty period and completion of all warranty work, such temporary easement shall terminate. 12. Permanent Cross-Easements. A. The Developer shall grant and record cross-access easements over Lots 1 and 2, Block 1, Java Retail Addition to provide vehicular and pedestrian access between parcels as shown on Exhibit D. Such easements shall allow residents, employees, visitors, and service vehicles to access and circulate between the lots and MacKenzie Avenue. Such Easement agreement shall be subject to the reasonable approval by the City Attorney. B. The owners of Lots 1 and 2 of Said Plat shall ensure that the cross-access easements are constructed, maintained, and kept clear of obstructions at all times to allow safe and adequate access in accordance with City standards. Any required maintenance or repair of improvements within the easement shall be the responsibility of the property owner(s) on whose land the easement lies unless the easement agreement provides otherwise. C. Prior to the issuance of any Certificate of Occupancy for buildings located on Lots 1 or 2, Block 1, Java Retail Addition, the Developer shall provide evidence to the City that all cross-access easements required by this Agreement have been duly recorded. 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Agreement. Agenda Page 36 11 C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. E. Developer represents to the City that the Subject Property and the proposed use on the Subject Property complies with all City, County, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. Developer agrees to obtain all required federal, state and local permits. If the City reasonably determines that the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until Developer so complies. Upon the City's demand in such event, the Developer shall cease work until there is compliance as determined by the City. F. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, the Developer shall provide the City with evidence of good and marketable title to the Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a reputable title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. G. Prior to beginning construction work on the Subject Property, Developer shall provide the City with a general liability and property damage insurance policy naming the City and the City’s consultants and agents as additional insureds in the minimum amount of $1.5 million. H. The Developer shall cause the Final Plat attached hereto as Exhibit F to be recorded at the office of the Wright County Recorder’s Office immediately prior to the recording of this Agreement. I. Developer shall install exterior lighting consistent with City ordinance and the Lighting Plan attached hereto as Exhibit G. J. Developer shall grade the property consistent with the grading plan attached hereto as Exhibit H. 14. Violation of Agreement. Agenda Page 37 12 A. Except as otherwise provided in this Agreement, upon any default by Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give the Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period (a “Developer Default”),, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by the Developer, the City may thence immediately and without notice or consent of the Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the Subject Property, bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all reasonable costs and reasonable attorney's fees incurred in enforcing this Agreement, draw on the surety provided herein, or pursue any combination of the above remedies as well as any other remedy available to the City in law or equity. A. B. Notwithstanding the 30-day notice period provided for in paragraph 14A above, in the event that a default by the Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this Agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good-faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 14A of this section shall not apply to any acts or rights of the City under paragraph 4E above, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as authorized by paragraph 4E. The City may elect to give notice to the Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. 15. Dedications to the City. A. Municipal Improvement Dedications: The Developer, upon presentation to the City of evidence of good and marketable title to the Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall make the following dedications to the City: i. Developer shall dedicate drainage easements to the City over, under and across all drainage ponds located in Said Plat. ii. Developer shall dedicate to the City all roads (except private roads), road rights-of- way, curbs, gutters, sewers and water mains and utility easements located within the public street and drainage and utility easements shown on Said Plat. Prior to Agenda Page 38 13 the City’s acceptance of said dedications, Developer shall provide to the City “As- Builts” of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedication. Developer acknowledges and agrees that in order to satisfy the City’s park dedication requirements for the amount of residential units being constructed, and after allowing a reduction in the number of units subject to park dedication as a result of the reduced capacity of the residents of the Development to use the City’s park facilities, Developer shall pay the City a cash payment totaling $40,500 calculated at $9,020.00 per acre for Lots 1 and 2 on Said Plat (combined acreage is 4.49). Said park dedication fees shall be paid prior to the release of the final plat of Said Plat by the City. In the event that Outlot A is replatted into a numbered lot and block in the future, park dedication shall be paid on such numbered lot and block at the rate that is due per City ordinance at the time of its replatting. 16. Sanitary Sewer, Water Trunk Line and Storm Water Connection Fees. Prior to the City releasing Said Plat, Developer agrees to pay a trunk sanitary sewer and water charges as follows: A. Sanitary Sewer Trunk Line charge in the amount of $9,227, representing $2,055 per acre for Lots 1 and 2 of Said Plat multiplied by 4.49 acres contained in said lots, less a credit of $17,175 for oversizing and extra depth of the sewer main as required by the City. Netting the sanitary sewer charge against the credit yields a net payment to the Developer from the City in the amount of $7,948. B. Water Trunk Line charge in the amount of $8,643, representing $1,925 per acre of Said Plat multiplied by 4.49 acres contained in Said Plat. Developer agrees to pay said amounts prior to the City’s release of Said Plat. C. Storm Water Connection Fee. Developer agrees that the City’s Storm Water Connection ordinance currently requires the Developer to pay a storm water connection charge of $1,500 per acre and shall be due prior to the release of the final Plat by the City. That charge shall be $6,735, calculated based on 4.49 acres times $1,500 per acre. D. Outlot A. No Sanitary Sewer, Water Trunk Line or Storm Water Connection Fees are being charged to Outlot A at this time. In the event Outlot A is replatted into a numbered lot and block, such fees shall be due upon replatting, calculated at the rates then in effect per City ordinance. 17. Administrative Fee. A fee for City administration of this project shall be paid prior to the City executing this Agreement. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements required herein. The administrative fee shall be $___________ and shall be paid prior to the release of the Final Plat. Agenda Page 39 14 18. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer or third parties for damages sustained or costs incurred resulting from the Development. Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including reasonable attorney's fees. Third parties shall have no recourse against the City under this Agreement. 19. Assignment of Agreement. The obligations of Developer under this Agreement cannot be assigned without the express written consent of the City Council through Council resolution. 20. Limited Approval. Approval of this Agreement and Planned Unit Development which is the subject of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 21. Professional Fees. Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorneys’ and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing, approved by the Albertville City Council and signed by the duly authorized agents of both parties. 24. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Java Albertville Retail LLC JAVA COMPANIES, L.L.C. 255 E. Street Mendota, MN 55102 Agenda Page 40 15 Attn: Mark R. Krogh 25. Agreement Effect. This Agreement shall be recorded against the Real Property at the Wright County Recorder’s Office, shall run with the land, and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 26. Execution of Counterparts. The parties may execute this Agreement in one or more counterparts, and each fully executed counterpart shall be deemed an original. CITY OF ALBERTVILLE, By_______________________ Its Mayor By_______________________ Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ____________ day of __________________, 20262025, by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. ___________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ____________ day of __________________, 20262025, by Kris LuedkeLeudke, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. ___________________________________ Notary Public Agenda Page 41 16 (The rest of this page has been left intentionally blank) Agenda Page 42 17 JAVA ALBERTVILLE RETAILCOMPANIES, LLC, a Minnesota limited liability company. __________________________ By: Mark R. Krogh Its: Manager STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____________ day of __________________, 20262025, by Mark R. Krogh, as Manager of JAVA ALBERTVILLE RETAILCOMPANIES, LLC, a Minnesota limited liability company, on behalf of the company... ___________________________________ Notary Public DRAFTED BY: Couri & Ruppe, P.L.L.P. P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 Agenda Page 43 18 EXHIBIT LIST EXHIBIT A Site Plan EXHIBIT B Storm Water Management Agreement EXHIBIT C Utility Plan EXHIBIT D Private Drives Plan EXHIBIT E SWPPP EXHIBIT F Final Plat EXHIBIT G Lighting Plan EXHIBIT H Grading Plan EXHIBIT I Erosion Control Plan EXHIBIT J Landscaping Plans Agenda Page 44 OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE BUILDING A20,716 S.F.GROCERY STOREBUILDING B4,874 S.F. TUNNEL CAR WASH TFULL ACCESS207141461411810RIGHT TURN LANERIGHT IN / RIGHT OUT ACCESS93PARKING INFORMATIONPARKING STALLS111 STALLSACCESSIBLE STALLS5 STALLSTOTAL STALLS116 STALLSPROPERTY INFORMATIONTOTAL EXISTING PROPERTY AREA 16.05 ACPROPOSED EAST LOT PROPERTY AREA 2.81 ACPROPOSED WEST LOT PROPERTY AREA 1.78 ACDISTURBED AREA5.6 ± ACEXISTING IMPERVIOUS AREA0.00 ACPROPOSED EAST LOT IMPERVIOUS AREA 1.99 ACPROPOSED WEST LOT IMPERVIOUS AREA 0.95 ACTOTAL PROPOSED IMPERVIOUS AREA 2.94 ACSITE LEGENDLIGHT DUTY BITUMINOUS PAVEMENTHEAVY DUTY BITUMINOUS PAVEMENTCONCRETE PAVEMENTCONCRETE SIDEWALKCURB AND GUTTERTIPPED CURB AND GUTTERRETAINING WALLCHAINLINK FENCEWOOD/VINYL (PRIVACY) FENCETRAFFIC CONTROL SIGNAGEPAINTED DIRECTIONAL ARROWPAINTED ACCESSIBLE PARKING SYMBOL0'30'60'NOTES:1. ALL DIMENSIONS SHOWN ARE TO FLOW LINE, CENTERLINE OF FENCE,EDGE OF PAVEMENT, OR EXTERIOR FACE OF BUILDING, UNLESSOTHERWISE NOTED.2. CONTRACTOR SHALL VERIFY ALL PLAN AND DETAIL DIMENSIONS PRIORTO CONSTRUCTION.3. ALL CROSSWALK STRIPING SHALL BE WHITE IN COLOR.4. ALL INTERIOR PARKING STALL STRIPING SHALL BE 4" AND YELLOW INCOLOR.5. ACCESSIBLE PARKING STALL STRIPING, ACCESS AISLE, SYMBOL, ANDSIGNAGE SHALL BE IN ACCORDANCE WITH LOCAL AUTHORITYREQUIREMENTS.6. CONTRACTOR SHALL MAINTAIN FULL ACCESS TO ADJACENT PROPERTIESDURING CONSTRUCTION AND TAKE ALL PRECAUTIONS NECESSARY TOAVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES.7. ALL SITE WORK SHALL BE PERFORMED IN ACCORDANCE WITH THERECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER.8. CONTRACTOR SHALL PROVIDE A TEMPORARY PEDESTRIAN ACCESS ROUTEPLAN FOR ANY WORK PERFORMED WITHIN THE PUBLIC RIGHT-OF-WAY.9. CONTRACTOR SHALL PROVIDE A TEMPORARY TRAFFIC CONTROL PLANFOR ANY WORK PERFORMED WITHIN THE PUBLIC RIGHT-OF-WAY.10. GOPHER STATE ONE CALL DAMAGE PREVENTION SYSTEM FOR BURIEDUTILITIES. 1-800-252-1166. CONTRACTOR SHALL HIRE A PRIVATEUTILITY LOCATOR TO ASSIST WITH PRIVATE UTILITY LOCATES.12B612 CURB AND GUTTERADA PEDESTRIAN RAMP (SEE DETAILS)CONCRETE DRIVE APRONCROSSWALK STRIPINGPARKING STRIPINGMONUMENT SIGN (SEE ARCH)345KEY NOTES:SITE PLANC201THIS DRAWING AND THE INFORMATION THEREIN ISTHE PROPERTY OF DESIGN TREE ENGINEERING INC.USE BY THE HOLDER OR DISCLOSURE TO OTHERSWITHOUT THE PERMISSION OF DESIGN TREEENGINEERING INC. IS PROHIBITED. IT CONTAINSPROPRIETARY AND CONFIDENTIAL INFORMATION OFDESIGN TREE ENGINEERING INC. REPRODUCTION OFTHE MATERIAL HEREIN WITHOUT WRITTENERMISSION OF DESIGN TREE ENGINEERING INC.VIOLATES THE COPYRIGHT LAWS OF THE UNITEDSTATES AND WILL SUBJECT THE VIOLATORS TOLEGAL PROSECUTION.COPYRIGHT @ 2024 BY DESIGN TREE ENGINEERINGI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.DRAWING NO.DRAWN BY:CHECKED BY:PROJECT NO.:NO.DATE DESCRIPTIONPRELIMINARY:NOT FORCONSTRUCTIONDATE:LICENSE #:PRINTED NAME:MICHAEL J. GERBER5665309/04/202410925002MUD LAKEALBERTVILLE, MNNPKJEA9.00(TYP)111160th STREET NEMACKENZIE AVE NEPROPOSED WETSEDIMENTATIONBASINR85.00R25.0030.0028.5028.5033.5030.00R25.00R2 5 . 0 0 R90.00 R116.75 R1 5 . 0 0 R20.0020.0024.0040.0024.0040.0024.0040.0025.0019.0030.0042.439.00(TYP)20.0040.009.00(TYP)9.00(TYP)24.0030.0033.52 18.00 9.0024.00 13.00 (TYP)3925.1324.0024.00 22334455413.5(TYP)13.4444.566658.1014.74EXHIBIT A Agenda Page 45 1 EXHIBIT B (Reserved for Recording Data) STORMWATER MANAGEMENT AGREEMENT This AGREEMENT made this 20th day of April, 2025, by and between the CITY OF ALBERTVILLE, a Minnesota municipal corporation (hereinafter referred to as the “City”) and JAVA Companies, LLC, a Minnesota limited liability company, (hereinafter referred to as the “Developer”). WHEREAS, the Developer is the fee owner of certain real property situated in the City of Albertville, County of Wright, State of Minnesota legally described as: Lots 1 and 2, Block 1, Java Retail Addition, Wright County, Minnesota. (hereinafter referred to as the “Subject Property”) which the Developer has obtained the approval of the City for the development thereof; and WHEREAS, the City has required that the Developer make provision for the construction, maintenance and repair of the Pond (“Stormwater Pond”) located within the boundaries of the Subject Property as shown on Exhibit “A” attached hereto, as the same is described and depicted in those certain construction plans drawn by Design Tree Engineering & Land Surveying, (“Plans”). WHEREAS, the City and Developer desire to set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Pond and the responsibility relating to the costs of the repair and maintenance of the Stormwater Pond. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction and Maintenance of Stormwater Pond. The Developer agrees to construct the Stormwater Pond according to the Plans and repair and maintain the Stormwater Agenda Page 46 2 Pond at its sole cost and expense. Maintenance of the Stormwater Pond shall mean (i) monthly inspections of the Stormwater Pond and, if necessary, removal of all litter and debris, and replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy functioning plant life therein; and (ii) an annual inspection, and certification, by a qualified individual or company acceptable to the City that the Stormwater Pond is functioning in accordance with the approved plans and have maintained the proper operation of the stormwater treatment as a Stormwater Pond according to the City Standards. If, as a result of an inspection by a qualified individual or company acceptable to the City or City staff, it is determined that the Stormwater Pond (1) has not been maintained; or (2) is not functioning as originally designed and intended; or (3) is in need of repair, the Developer agrees to restore the Stormwater Pond so that it functions as it was designed and intended. The Developer further agrees that they will not use the Stormwater Pond for snow storage and will inform its snow removal contractors of this provision of the Agreement. Subject to Section 4 below, Developer shall be solely responsible for the repair and maintenance of the Stormwater Pond. 2. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, following at least thirty (30) days prior written notice and Developer’s failure to cure such default within such time-frame, except in an emergency as determined by the City, the City may, at its option, perform the work and the Developer shall promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse the City for any reasonable out-of-pocket expense incurred by the City. This Agreement is a license for the City to act when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court order for permission to enter the Subject Property. When the City does any such work, the City may, in addition to its other remedies, assess the reasonable out- of-pocket cost in whole or in part. 3. Future City Policy. Notwithstanding anything contained in this Agreement to the contrary, in the event the City shall in the future establish a policy for repair and maintenance by the City of stormwater ponds owned by private parties located elsewhere in the City under which policy the costs of such repair and maintenance are to be paid either out of general City revenues or by collection of utility or service fees or charges, then any owner of any portion of the Subject Property shall be entitled to petition the City for the inclusion of the Stormwater Pond under such repair and maintenance program. The recording of a certified copy of the Resolution of the City Council of the City which sets forth the consent and authorization described in the foregoing sentence shall serve to terminate this Agreement, without further action on the part of any party hereto. 4. Terms and Conditions. This Agreement shall run with the land and shall be binding upon Developer’s successors and assigns with respect to the Subject Property. The terms and conditions of this Agreement shall be binding upon, and shall insure to the benefit of, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. Agenda Page 47 3 CITY OF ALBERTVILLE BY:____________________________ _ ___ Jillian Hendrickson Mayor AND ___________________________ _ __ Kris Luedke, City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _th day of ___________, 2025, by Jillian Hendrickson and by Kris Luedke, the Mayor and City Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _________________________________________ NOTARY PUBLIC Agenda Page 48 4 DEVELOPER: BY: Its STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ___ day of December, 2025, by ________________________ the _____________________ of JAVA Companies, LLC. NOTARY PUBLIC Agenda Page 49 5 EXHIBIT “A” Attach Drawing of Stormwater Pond Agenda Page 50 OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE PROPOSED BUILDINGFFE=956.0TFULL ACCESSST-6CB 24" X 36"RIM: 954.49INV W: 950.49ST-5CBMH 48" (DIA)RIM: 954.45INV E: 949.83INV S: 949.83132 LF - 12" SCH 40 PVC @ 0.50%ST-4CBMH 48" (DIA)RIM: 954.00INV N: 949.16INV S: 949.16134 LF - 1 5 " S C H 4 0 P V C @ 0 . 5 0 %ST-3CBMH 48" (DIA)RIM: 954.15INV N: 948.61INV S: 948.61111 LF - 18" S C H 4 0 P V C @ 0 . 5 0 %48 LF - 18" SCH 40 PVC @ 0.50%ST-10CB 24" X 36"RIM: 958.14INV SE: 954.14ST-9CBMH 48" (DIA)RIM: 956.40INV NW: 952.40INV S: 952.40144 LF - 12" SCH 40 PVC @ 1.21%ST-8CBMH 48" (DIA)RIM: 954.96INV N: 950.19INV S: 950.19INV W: 950.19132 LF - 15" SCH 40 PVC @ 1.67%ST-11CB 24" X 36"RIM: 955.69INV E: 951.69120 LF - 12" SCH 40 PVC @ 1 .25%96 LF - 18" SCH 40 PVC @ 0.86%llll l l l lllST-104SAN MH 48" (DIA)RIM: 954.05INV W: 946.98>>155 LF - 8" SDR 35 PVC @ 0.40%>>174 LF - 8" SDR 35 PVC @ 0.40%>>8" CAP144 LF - 8" PVC C9008"- 45° BENDPROPOSEDBUILDINGFFE=958.516 LF - 24" SCH 40 PVC @ 2.37%85 LF - 12" SCH 40 PVC @ 0.50%RIGHT TURN LANERIGHT IN / RIGHT OUT ACCESSST-103SAM MH 48" (DIA)RIM: 955.60INV E: 946.36INV S: 946.31174 LF - 8" PVC C900 7 8 L F - 1 2 " S C H 4 0 P V C @ 0 . 5 0%ST-13CB 24" X 36"RIM: 952.70INV NE: 948.70INV W: 948.7037 LF - 18" SCH 40 PVC @ 0.97%ST-2CBMH 48" (DIA)RIM: 953.22INV N: 948.37INV S: 948.37= HYDRANT= CURB STOP= GATE VALVE= SANITARY MANHOLE= CLEANOUT= STORM MANHOLE= CATCH BASIN= CULVERT APRON= WATER LINE= SANITARY LINE= STORM LINEUTILITY LEGENDl>0'30'60'NOTES:1. THE LOCATIONS AND ELEVATIONS OF THE EXISTING UTILITIES SHOWNHEREIN ARE APPROXIMATE. THEY HAVE BEEN PLOTTED FROM AVAILABLESURVEYS AND/ OR RECORDS. THE CONTRACTOR IS RESPONSIBLE FORFIELD VERIFYING LOCATION AND ELEVATION TO ENSURE THAT ANYEXISTING UTILITIES (SHOWN OR NOT SHOWN) ARE NOT DAMAGEDDURING CONSTRUCTION.2. CONTRACTOR SHALL VERIFY AND COORDINATE BUILDING UTILITYCONNECTION SIZES, LOCATIONS, AND ELEVATIONS WITH PLUMBING,MECHANICAL, AND ELECTRICAL CONTRACTORS.3. ALL EXCAVATION SHALL BE IN ACCORDANCE WITH THE CURRENTEDITION OF "STANDARD SPECIFICATIONS FOR TRENCH EXCAVATION ANDBACKFILL/SURFACE RESTORATION" AS PREPARED BY THE CITYENGINEERS ASSOCIATION OF MINNESOTA.4. ALL WATER PIPING SHALL BE BURIED A MINIMUM OF 8'.5. A MINIMUM VERTICAL SEPARATION OF 18 INCHES IS REQUIRED AT ALLWATER LINE CROSSINGS WITH SANITARY SEWER OR STORM SEWER.THE WATER LINE SHALL NOT HAVE JOINTS OR CONNECTIONS WITHIN 10FEET OF THE CROSSING. INSULATE CROSSINGS WITH STORM SEWER.6. SANITARY SEWER CLEANOUTS SHALL BE PROVIDED WITHIN 5' OF THEBUILDING FOR UNIT'S CONNECTION.7. SANITARY SEWER CLEANOUT SPACING SHALL NOT EXCEED 90'.8. SANITARY SEWER SERVICES SHALL HAVE A MINIMUM OF 2.00% GRADEUNLESS OTHERWISE NOTED ON THE PLANS.9. ALL NONCONDUCTIVE PIPE SHALL BE INSTALLED WITH A LOCATE(TRACER) WIRE PER MINNESOTA RULES, PART 7560.015010. ALL CONSTRUCTION, MATERIALS, AND TESTING SHALL BE INACCORDANCE WITH THE MINNESOTA STATE PLUMBING CODE.11. CONTRACTOR SHALL COORDINATE UTILITY INSPECTIONS WITH LOCALAUTHORITIES HAVING JURISDICTION.12. GOPHER STATE ONE CALL DAMAGE PREVENTION SYSTEM FOR BURIEDUTILITIES. 1-800-252-1166. CONTRACTOR SHALL HIRE A PRIVATEUTILITY LOCATOR TO ASSIST WITH PRIVATE UTILITY LOCATES.UTILITY PLANC401THIS DRAWING AND THE INFORMATION THEREIN ISTHE PROPERTY OF DESIGN TREE ENGINEERING INC.USE BY THE HOLDER OR DISCLOSURE TO OTHERSWITHOUT THE PERMISSION OF DESIGN TREEENGINEERING INC. IS PROHIBITED. IT CONTAINSPROPRIETARY AND CONFIDENTIAL INFORMATION OFDESIGN TREE ENGINEERING INC. REPRODUCTION OFTHE MATERIAL HEREIN WITHOUT WRITTENERMISSION OF DESIGN TREE ENGINEERING INC.VIOLATES THE COPYRIGHT LAWS OF THE UNITEDSTATES AND WILL SUBJECT THE VIOLATORS TOLEGAL PROSECUTION.COPYRIGHT @ 2024 BY DESIGN TREE ENGINEERINGI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.DRAWING NO.DRAWN BY:CHECKED BY:PROJECT NO.:NO.DATE DESCRIPTIONPRELIMINARY:NOT FORCONSTRUCTIONDATE:LICENSE #:PRINTED NAME:MICHAEL J. GERBER5665309/04/202410925002MUD LAKEALBERTVILLE, MNNPKJEAST-1218" FESINV : 948.27ST-118" FESINV : 947.99ST-718" FESINV : 949.3660th STREET NEMACKENZIE AVE NEST-1424" NYLOPLASTAREA DRAINRIM: 952.00INV : 949.09ST-1518" FESINV : 947.64ST-1618" FESINV : 948.0010' WIDE EOF SWALESTABILIZED WITH RIPRAPINV:951.50WETSEDIMENTATION BASINBOTTOM EL: 945.00TOP EL: 952.00NWL: 948.00100-YR HWL: 951.12EXHIBIT C Agenda Page 51 llllllllllllllllllllllll llllllllll l l l lllST-104SAN MH 48" (DIA)RIM: 954.05INV W: 946.98>>155 LF - 8" SDR 35 PVC @ 0.40%ST-102SAN MH 48" (DIA)RIM: 952.37INV N: 945.61INV W: 945.56>>174 LF - 8" SDR 35 PVC @ 0.40%ST 101SAN MH 48" (DIA)RIM: 952.05INV E: 944.31INV N: 944.26>>>>>313 LF - 8" SDR 35 PVC @ 0.40%ST 100SAN MH 48" (DIA)RIM: 956.28INV S: 943.66INV W: 943.61>>150 LF - 8" SDR 35 PVC @ 0.40%26 LF - 8" SDR 35 PVC @ 0.40%WET TAP EXISTINGWATER MAININSTALL 8" GATE VALVE5 L.F. 8" C9008" 90° BEND335 LF - 8" PVC C9008" CAPMAINTAIN MINIMUM 10' SEPATATION73 LF - 8" PVC C900 144 LF - 8" PVC C9008"- 45° BEND8"- 45° BEND8"- 45° BENDCORE DRILL CONNECTION TOEXISTING SANITARYMANHOLEINV=943.51PROPOSEDBUILDINGFFE=958.5ST-103SAM MH 48" (DIA)RIM: 955.60INV E: 946.36INV S: 946.31174 LF - 8" PVC C900 = HYDRANT= CURB STOP= GATE VALVE= SANITARY MANHOLE= CLEANOUT= STORM MANHOLE= CATCH BASIN= CULVERT APRON= WATER LINE= SANITARY LINE= STORM LINEUTILITY LEGENDl>0'30'60'NOTES:1. THE LOCATIONS AND ELEVATIONS OF THE EXISTING UTILITIES SHOWNHEREIN ARE APPROXIMATE. THEY HAVE BEEN PLOTTED FROM AVAILABLESURVEYS AND/ OR RECORDS. THE CONTRACTOR IS RESPONSIBLE FORFIELD VERIFYING LOCATION AND ELEVATION TO ENSURE THAT ANYEXISTING UTILITIES (SHOWN OR NOT SHOWN) ARE NOT DAMAGEDDURING CONSTRUCTION.2. CONTRACTOR SHALL VERIFY AND COORDINATE BUILDING UTILITYCONNECTION SIZES, LOCATIONS, AND ELEVATIONS WITH PLUMBING,MECHANICAL, AND ELECTRICAL CONTRACTORS.3. ALL EXCAVATION SHALL BE IN ACCORDANCE WITH THE CURRENTEDITION OF "STANDARD SPECIFICATIONS FOR TRENCH EXCAVATION ANDBACKFILL/SURFACE RESTORATION" AS PREPARED BY THE CITYENGINEERS ASSOCIATION OF MINNESOTA.4. ALL WATER PIPING SHALL BE BURIED A MINIMUM OF 8'.5. A MINIMUM VERTICAL SEPARATION OF 18 INCHES IS REQUIRED AT ALLWATER LINE CROSSINGS WITH SANITARY SEWER OR STORM SEWER.THE WATER LINE SHALL NOT HAVE JOINTS OR CONNECTIONS WITHIN 10FEET OF THE CROSSING. INSULATE CROSSINGS WITH STORM SEWER.6. SANITARY SEWER CLEANOUTS SHALL BE PROVIDED WITHIN 5' OF THEBUILDING FOR UNIT'S CONNECTION.7. SANITARY SEWER CLEANOUT SPACING SHALL NOT EXCEED 90'.8. SANITARY SEWER SERVICES SHALL HAVE A MINIMUM OF 2.00% GRADEUNLESS OTHERWISE NOTED ON THE PLANS.9. ALL NONCONDUCTIVE PIPE SHALL BE INSTALLED WITH A LOCATE(TRACER) WIRE PER MINNESOTA RULES, PART 7560.015010. ALL CONSTRUCTION, MATERIALS, AND TESTING SHALL BE INACCORDANCE WITH THE MINNESOTA STATE PLUMBING CODE.11. CONTRACTOR SHALL COORDINATE UTILITY INSPECTIONS WITH LOCALAUTHORITIES HAVING JURISDICTION.12. GOPHER STATE ONE CALL DAMAGE PREVENTION SYSTEM FOR BURIEDUTILITIES. 1-800-252-1166. CONTRACTOR SHALL HIRE A PRIVATEUTILITY LOCATOR TO ASSIST WITH PRIVATE UTILITY LOCATES.UTILITY PLANMAINCONNECTIONC402THIS DRAWING AND THE INFORMATION THEREIN ISTHE PROPERTY OF DESIGN TREE ENGINEERING INC.USE BY THE HOLDER OR DISCLOSURE TO OTHERSWITHOUT THE PERMISSION OF DESIGN TREEENGINEERING INC. IS PROHIBITED. IT CONTAINSPROPRIETARY AND CONFIDENTIAL INFORMATION OFDESIGN TREE ENGINEERING INC. REPRODUCTION OFTHE MATERIAL HEREIN WITHOUT WRITTENERMISSION OF DESIGN TREE ENGINEERING INC.VIOLATES THE COPYRIGHT LAWS OF THE UNITEDSTATES AND WILL SUBJECT THE VIOLATORS TOLEGAL PROSECUTION.COPYRIGHT @ 2024 BY DESIGN TREE ENGINEERINGI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.DRAWING NO.DRAWN BY:CHECKED BY:PROJECT NO.:NO.DATE DESCRIPTIONPRELIMINARY:NOT FORCONSTRUCTIONDATE:LICENSE #:PRINTED NAME:MICHAEL J. GERBER5665309/04/202410925002MUD LAKEALBERTVILLE, MNNPKJEAPROPOSED WETSEDIMENTATIONBASINRESTORE PAVEMENTS TOPRE CONSTRUCTION CONDITIONS20 20EXHIBIT C Agenda Page 52 N89°58'28"E 157.09 R=65.85Δ=30°56'36"L=35.56 R=134.15Δ=30°56'36"L=72.45 S 4 5 ° 3 5 ' 0 4 " E 2 0 . 8 6 S89°58'28"W 157.10 R=103.00Δ=30°56'36"L=55.63 R=97.00Δ=30°56'36"L=52.39S89°58'28"W 83.77N00°01'32"W 278.40S00°01'32"E 226.64R=124.30Δ=32°45'07"L=71.05R=92.30Δ=32°45'07"L=52.76S3 2 ° 4 6 ' 3 9 "E 1 . 5 6 N89°37'08"E 37.90 N00°01'51"W28.07N3 2 ° 4 6 ' 3 9 "W 2 1 . 8 7 N89°58'28"E 36.88 S00°01'51"E37.150 60'120' ACCESS EASEMENT I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. NO.DATE DESCRIPTION DATE: SCALE: DRAWN BY: CHECKED BY: PROJECT NO.COPYRIGHT @ 2025 BY DESIGN TREE ENGINEERING INCORPORATED AS SHOWN DATE: PREPARED FOR:09/26/25 CWK JDS 10925002 Jonathan D. Schuette 45352 JAVA COMPANIES, LLC 1 INCH = 60 FEET 09/30/25 EAST LINE OF LOT 2, BLOCK ONE, JAVA RETAIL ADDITION SE CORNER OF LOT 2, BLOCK ONE, JAVA RETAIL ADDITION NORTH LINE OF LOT 1, BLOCK ONE, JAVA RETAIL ADDITION PROPOSED BUILDING CURB CURB DRAINAGE AND UTILITY EASEMENT PER PLAT OF JAVA RETAIL ADDITION DRAINAGE AND UTILITY EASEMENT PER PLAT OF JAVA RETAIL ADDITION Agenda Page 112 EXHIBIT D Agenda Page 53 Project Description:The work on the project includes construction of a retail development including new retail buildings, bituminous pavement, concrete curb & gutter, concrete sidewalks, sanitary sewer piping, water service piping, and the installation ofstorm sewer piping and structures that discharge to a newly constructed stormwater pond BMPs. The majority of the underlying soils on the property are in Hydrologic Soil Group "D" and have low infiltration rates when thoroughly wet.Receiving Waters:All existing stormwater runoff sheet flows to to the wetland located on the property. All stormwater runoff from proposed impervious surfaces will discharge to a proposed pond that will maintain the exisitng drainage pattern bydischarging to the wetland on the property.Responsible Parties:The Owner and the Contractor are responsible co-permittees for the implementation of the SWPPP. The Contractor and Owner shall apply for the NPDES/SDS Construction Permit within 24 hours of award of Contract. The completeapplication must be submitted prior to start of construction activity. The Contractor is responsible for installation, inspection, maintenance, and repair of all erosion prevention and sediment control BMPs before, during, and after activeconstruction. The Contractor shall amend the SWPPP before beginning construction to include the chain of responsibility of all operators on the site, or if not known, the title or position of the responsible party. The Contractor isresponsible for identifying a trained person (as specified in the NPDES/SDS Contruction Permit) knowledgeable and experienced in the application of erosion prevention and sediment control BMPs who will oversee the implementation ofthe SWPPP before and during construction until the construction project is complete, the entire site has undergone final stabilization, and a Notice of Termination(NOT)/Permit Modification form has been submitted to the MPCA. TheOwner must identify who will be responsible for the long-term operation and maintenance of all permanent stormwater management systems. The Contractor is liable until final stabilization of all disturbed areas is achieved and theNotice of Termination (NOT)/Permit Modification form is submitted to the MPCA (as specified in the NPDES/SDS Construction Permit). Once the identity of Responsible Parties is known, the SWPPP must be amended to include thisinformation in the area below.Project Contacts:Project EngineerOwnerContractorMichael J. GerberJava CompaniesTBDDesign Tree Engineering & Land SurveyingMark Krogh120 17th Ave W.255 E StAlexandria, MN 56308Mendota, MN 55150(320) 227-0203mjg@dte-ls.comSWPPP Amendments:The Owner or Contractor must amend the SWPPP as necessary to include additional requirements, such as additional or modified BMPs that are designed to correct problems identified or address situations whenever:1. There is a change in design, construction, operation, maintenance, weather or seasonal conditions that has a significant effect on the discharge of pollutants to surface water or underground waters.2. Inspections or investigations by site owner or operators, USEPA or MPCA officials indicate the SWPPP is not effective in eliminating or significantly minimizing the discharge of pollutants to surface waters or undergroundwaters or that the discharges are causing water quality standard exceedances.3. The SWPPP is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity, or the SWPPP is not consistent with the terms and conditions of this permit.4. At any time after the permit coverage is effective, the MPCA deems necessary.Construction Notes:Construction shall be governed by the MnDOT Standard Specifications for Construction, latest edition, City of Albertville's Specifications, special provisions, amendments, and the project specifications and details. Permits and mapsrelating to this project's SWPPP can be found in the Project Documents. The Contractor shall keep inspection and maintenance logs and NPDES/SDS Construction Permit on-site at all times during active construction. Please refer to theplans and specifications for additional SWPPP information.Soil Compaction should be minimized and topsoil should be preserved whenever and wherever possible during constructionAll soil stockpiling shall include sediment control devices and shall be placed in areas away from surface waters or natural buffers.Special Waters, Impaired Waters, & TMDL Implementation Plans:The site is located within 1 mile of a special water or an impaired water as identified by the MPCA. The site is located within 1 mile of Hunters Lake. This lake has an EPA-approved impairment for: Nutrients. These impairment(s) areconsidered to be construction related parameters and require the additional best management practices (BMPs) found in items 23.9 and 23.10 of the permit if the project has a discharge point on the project within 1 mile (aerial radiusmeasurement) of, and flows to the impaired water.The site is also located within 1 mile of School Lake. This lake has an EPA-approved impairment for: Nutrients. These impairment(s) are considered to be construction related parameters and require the additional best managementpractices (BMPs) found in items 23.9 and 23.10 of the permit if the project has a discharge point on the project within 1 mile (aerial radius measurement) of, and flows to the impaired water. All disturbed areas not actively being worked must be stabilized within 7 days. The Owner is responsible for the long term maintenance of all stormwater treatment facilities and private storm sewer systems. Inlet protection, silt fence,final stabilization, and other BMPs must be implemented prior to allowing any water runoff from being discharged off-site.Calculations:Disturbed AreaXX ACPre-Construction Impervious Area 0.00 ACPost-Construction Impervious Area 2.94 ACNet Increase in Impervious Area 2.94 ACSequence of Construction:The Contractor shall verify that all applicable permits have been obtained and the NPDES/SDS Construction Permit has been submitted to the MPCA prior to the start of construction.1. The Contractor must plan for and implement appropriate construction phasing, vegetated buffer strips, horizontal slope grading, and other construction practices that minimize erosion. The location of areas not to bedisturbed are shown on the plans.2. The Contractor shall be responsible for full implementation and maintenance required by the SWPPP untill the Notice of Termination (NOT) is approved by the MPCA.3. The Contractor shall construct erosion and sediment control BMPs in the following construction sequence:a. Install rock construction entrances where indicated in the plans.b. Install silt fence and inlet protection where indicated in the plans.c. Install silt fence around proposed infiltration and bioretention BMPs to protect soils from compaction.d. Locate portable toilets on flat surfaces away from drainage paths. Position portable toilets so they are secure and will not tip or be knocked over.e. Construct concrete washout area and provide signage.f. Establish waste control areas.g. Construct temporary sediment basins where 5 acres or more drain to a common location.h. Construct diversions to sediment basins.i. Rough grade site.j. Leave disturbed area of site in a roughened condition to limit erosion. Temporarily stabilize areas that will be inactive for a period of 7 days.k. Install storm drainage system and place inlet protection as each inlet is installed. Energy dissipation devices shall be installed and functional within 24 hours of connecting pip outlets to surface waters.l. Protect and repair BMPs, as necessary.m. Perform street sweeping as needed.n. Temporarily stabilize areas not actively being worked.o. Site construction (Utilities, paving, buildings, etc...)p. Final grading.q. Final stabilization (seeding, planting). Stabilized soil with the seed mix indicated on the plans.r. Remove temporary sediment basins when permanent cover has reduced the acreage of disturbed soil to less than five (5) acres draining to a common location.s. Construct stormwater infiltration basins and bioretention basins only when contributing drainage area has been constructed and fully stabilized.t. Remove erosion control devices upon site establishment in accordance with the NPDES/SDS Notice of Termination (NOT) requirements.Final Stabilization:Final stabilization is not met until all of the following are completed:1. Stabilization by uniform perennial vegetative cover (70% density of it's expected final growth). The seed mix indicated on the plan or sod shall be used for final stabilization.2. Permanent stormwater management system is constructed, meets all requirements, and is operational.3. Drainage ditches are fully stabilized.4. All temporary synthetic and structural BMPs are removed.5. Sediment from conveyance systems and sedimentation basins are cleaned out (returned to design capacity).6. Notice of Termination (NOT) is submitted to the MPCA.Erosion Control Maintenance and Inspection: BMP inspection and maintenance Responsible Party: 1. Inspect erosion control devices and provide routine maintenance as follows:a. Inspect erosion control a minimum of once per week and within 24 hours of a rainfall event greater than 0.5" in 24 hours.b. Records of each inspection and maintenance activity shall include:Date and time of inspections.Name of person(s) conducting inspection.Accurate findings of inspection, including the specific location where corrective actions are needed.Corrective actions taken (including dates, times, and party completing maintenance activities).Date and amount of all rainfall events greater than 0.5" in 24 hours, and the amount of rainfall for each event. Rainfall amounts must be obtained by either a properly maintained rain gauge installed onsite, aweather station that is within 1 mile of the site, or a weather reporting system that provides site specific rainfall data from radar summaries.If discharge is observed during the inspection, the inspector must record and should photograph and describe the location of the discharge (i.e. color, odor, settled or suspended solids, oil sheen, and other obviousindicators of pollutants).Documentation of amendments to the SWPPP proposed as a result of the inspection as required by the NPDES/SDS Construction Permit.c. Inspections may be suspended where construction activity has been suspended due to frozen ground conditions. Inspections must resume within 24 hours of runoff occurring, or upon resuming construction, whichevercomes first.2. Provide maintenance for all devices as follows:a. Silt fences and erosion control devices at storm sewer inlets shall be inspected for depth of sediment, tears, to see if fabric is securely attached to support posts or structure, and to see that posts and devices are securelyin place.b. Silt fence, inlet protection at storm sewer inlets, and other erosion control devices shall be cleaned when sediment reaches 1/3 of the height of the erosion control device.c. Rock construction entrances shall be inspected for clogging of rock. Rock that has become clogged with sediment shall be removed and replaced with clean rock.d. Repairs or replacement of all erosion control devices shall occur within 24 hours of discovery.e. Temporary sediment basins shall be cleaned when sediment reaches 1/2 of the outlet's height or 1/2 of the basins storage volume. The basin shall be drained and sediment removed within 72 hours.f. Temporary diversion berms shall be inspected and any breaches shall be promptly repaired.g. Tracked sediment from construction vehicles onto public streets and paved areas (including paved areas on the construction site) shall be removed within 24 hours of discovery.h. The bottom and side slopes of the proposed stormwater treatment basins shall be stabilized within 200 feet of the property lines or point of discharge to any surface water, including curb and gutter, pavement, stormsewer, swales, or other similar stormwater conveyance devices.i. Removal of all deltas and sediment deposited in surface waters and re-stabilization of exposed soils shall be accomplished within 7 days of discovery.Pollution Prevention Management Measures:1. Storage, handling, and disposal of construction products, materials and wastes:a. The Contractor shall comply with the following to minimize the exposure to stormwater (any of the products, materials, or wastes/products which are either not a source of contamination to strormwater or are designed tobe exposed to stormwater are not held to this requirement):Building products that have the potential to leach pollutants must be under cover (e.g. plastic sheeting or temporary roofs) to prevent the discharge of pollutants or be protected by a similarly effective meansdesigned to prevent contact with stormwater.Pesticides, herbicides, insecticides, fertilizers, treatment chemicals, and landscape materials must be under cover (e.g. plastic sheeting or temporary roofs) to prevent the discharge of pollutants or protected bysimilarly effective means designed to prevent contact with stormwater.Hazardous materials, toxic wastes (including oil, diesel fuel, gasoline., hydraulic fluids, paint solvents, petroleum-based products, wood preservatives, additives, curing compounds, and acids), must be properly storedin sealed containers to prevent spills, leaks, or other discharge.Restricted access storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste or hazardous materials must be in compliance with Minn. R. ch. 7045 including secondarycontainment as applicable.Solid wastes must be stored, collected, and disposed of properly in compliance with Minn. R. ch. 7035.Portable toilets must be positioned so that they are secure and will not be tipped or knocked over. Sanitary waste must be disposed of properly in accordance with Minn. R. ch. 7041.2. Fueling and maintenance of equipment or vehicles; spill prevention and response:a. The Contractor shall take reasonable steps to prevent the discharge of spilled or leaked chemicals, including fuel, from any areas where chemicals or fuel will be loaded or unloaded including the use of drip pans orabsorbents unless infeasible.b. The Contractor must conduct fueling in a contained area unless infeasible.c. The Contractor must ensure adequate supplies are available at all times to clean up discharged materials and that an appropriate disposal method is available for recovered spilled materials.d. The Contractor must report and clean up spills immediately as required by Minn. Stat. 115.061, using dry clean up measures where possible.3. Vehicle and equipment washing:a. If the Contractor washes the exterior of vehicles or equipment on the project site, washing must be limited to a defined area of the site.b. Runoff from the washing area must be contained in a sediment basin or other similarly effective controls and waste from the washing activity must be properly disposed of.4. The Contractor must properly use and store soaps, detergents, and solvents.5. No engine degreasing is allowed on site.6. Concrete and other washout waste:a. The Contractor must provide effective containment for all liquid and solid wastes generated by washout operations (concrete, stucco, paint, form release oils, curing compounds, and other construction materials) related tothe construction activity.b. The liquid and solid waste must not contact the ground, and the containments must be designed so that it does not result in runoff from the washout operations or areas.c. Liquid and solid wastes must be disposed of properly and in compliance with MPCA rules.d. A sign must be installed adjacent to each washout facility that requires site personnel to utilize the proper facilities for disposal of concrete and other washout wastes.Dewatering and Basin Draining:Dewatering or basin draining that may have turbid or sediment laden discharge water must be discharged to a temporary or permanent sedimentation basin on the project site whenever possible. Discharge from the temporary orpermanent sedimentation basin must be visually checked to ensure adequate treatment is obtained in the basin and nuisance conditions, impacts to wetlands, and erosion in receiving channels or on down gradient properties will notresult from the discharge. Adequate sedimentation control measures are required for discharge water that contains suspended solids.If using using filters with backwash water, either haul the backwash water away for disposal and return the backwash water to the beginning of the treatment process, or incorporate the backwash water into the site in a manner thatdoes not cause erosion.Timing of BMP Installation:The erosion and sediment control BMPs shall be installed as necessary to minimize erosion from disturbed surfaces and capture sediment on site and shall meet the NPDES/SDS Construction Permit part VII requirements. Perimetercontrols shall be placed prior to the start of any construction. All disturbed areas not actively being worked must be stabilized within 7 days.Storm Water Pollution Prevention Plan:The Permitees must implement the entire SWPPP and the requirement of the NPDES/SDS Construction Permit. The BMPs identified in the SWPPP and in the permit must be selected, installed, and maintained in an appropriate andfunctional manner that is in accordance with manufacturer specifications and accepted engineering practices.Temporary Sediment Basins:Project is not required to provide temporary sediment basins for construction.Future Operation and Maintenance (O&M):The Owner shall be responsible for performing future operations and maintenance of the permanent stormwater management systems on the property.CONTACTSAGENCYNAMEPHONE NUMBERWrite CountyWrite County Soil and WaterConservation District(763) 682-1970DNR WatersJanell Miersch(218) 739-7576 ext. 232ACOESt. Paul Office(651) 290-5375State Duty OfficerMPCA(800) 422-0798SWPPP DesignerMichael Gerber, PE(320) 227-0203Erosion Control ReviewMichael Gerber, PE(320) 227-0203Erosion Control SupervisorTBDLOCATION OF SWPPP REQUIREMENTSDESCRIPTIONTITLESHEET # OR SPECIFICATION SECTIONReceiving Surface WaterRECEIVING WATERCXXXFinal StabilizationErosion Control PlanCXXXDrainage PlansSite Grading & Utility PlanCXXXDrainage DetailsDetailsCXXXErosion Control SheetsErosion Control PlanCXXXErosion Control DetailsDetailsCXXXErosion & Sediment Control QuantitiesErosion Control PlanCXXXExisting & Proposed Drainage Maps Final Stormwater Management PlanProject ManualTHIS DRAWING AND THE INFORMATION THEREIN ISTHE PROPERTY OF DESIGN TREE ENGINEERING INC.USE BY THE HOLDER OR DISCLOSURE TO OTHERSWITHOUT THE PERMISSION OF DESIGN TREEENGINEERING INC. IS PROHIBITED. IT CONTAINSPROPRIETARY AND CONFIDENTIAL INFORMATION OFDESIGN TREE ENGINEERING INC. REPRODUCTION OFTHE MATERIAL HEREIN WITHOUT WRITTENERMISSION OF DESIGN TREE ENGINEERING INC.VIOLATES THE COPYRIGHT LAWS OF THE UNITEDSTATES AND WILL SUBJECT THE VIOLATORS TOLEGAL PROSECUTION.COPYRIGHT @ 2024 BY DESIGN TREE ENGINEERINGI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.DRAWING NO.DRAWN BY:CHECKED BY:PROJECT NO.:NO.DATE DESCRIPTIONPRELIMINARY:NOT FORCONSTRUCTIONDATE:LICENSE #:PRINTED NAME:P:\109-JAVA COMPANIES\10925002-MUD LAKE CONVENIENCE CENTER\CIVIL\CAD\10925002-C-DETAILS.DWG #### 6/10/2025 MICHAEL J. GERBER5665309/04/202410925002MUD LAKEALBERTVILLE, MNNPKJEASWPPP NARRATIVEC606EXHIBIT E Agenda Page 54 OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE PROPOSED BUILDINGFFE=956.0TFULL ACCESS953954 955 954956 955951952953956 957 958 959 95 5 956 957 958 95595695795595 6955956957958956956957958954955 9 5 5955951952953954956 953952 95595695795 3 954954 952953954958959960956956957957958959958957 956955954953952955952 953 954 956957958959959958PROPOSEDBUILDINGFFE=958.5945946945945946946947947948950950948949951950948949951952960958959958957 958 9569 5 7 9 5 6 954955 954 953952 RIGHT TURN LANERIGHT IN / RIGHT OUT ACCESS956950948949951952952 952 GRADING LEGEND= EXISTING MAJOR CONTOUR= EXISTING MINOR CONTOUR= EXISTING CONTOUR LABEL= PROPOSED MAJOR CONTOUR= PROPOSED MINOR CONTOUR= PROPOSED CONTOUR LABEL= EXISTING SPOT ELEVATION*= PROPOSED SPOT ELEVATION*= PROPOSED SURFACE FLOW DIRECTION*SPOT ELEVATIONS ALONG CURB & GUTTER AND OTHERREVEALS ARE TO FLOWLINE, UNLESS OTHERWISE NOTED.1000'30'60'NOTES:1. THE LOCATIONS AND ELEVATIONS OF THE EXISTING UTILITIES SHOWNHEREIN ARE APPROXIMATE. THEY HAVE BEEN PLOTTED FROM AVAILABLESURVEYS AND/ OR RECORDS. THE CONTRACTOR IS RESPONSIBLE FORFIELD VERIFYING LOCATION AND ELEVATION TO ENSURE THAT ANYEXISTING UTILITIES (SHOWN OR NOT SHOWN) ARE NOT DAMAGED DURINGCONSTRUCTION.2. SIDEWALKS SHALL MEET ADA REQUIREMENTS, AND SHALL NOT EXCEED2.00% CROSS SLOPE, OR 5.00% LONGITUDINAL SLOPE.3. CONCRETE ENTRANCES AND APPROACHES SHALL NOT EXCEED 2.00%CROSS SLOPE IN SIDEWALK AREAS.4. ACCESSIBLE PARKING STALLS SHALL MEET ADA REQUIREMENTS, ANDSHALL NOT EXCEED 2.00% SLOPE IN ALL DIRECTIONS.5. PEDESTRIAN RAMPS SHALL MEET ADA REQUIREMENTS.6. ALL EXCESS OR WASTE MATERIAL GENERATED AS PART OF CONSTRUCTIONSHALL BE REMOVED FROM THE SITE AND DISPOSED OF IN ACCORDANCEWITH STATE AND LOCAL REQUIREMENTS.7. ALL EXCAVATION SHALL BE IN ACCORDANCE WITH THE CURRENT EDITIONOF "STANDARD SPECIFICATIONS FOR TRENCH EXCAVATION ANDBACKFILL/SURFACE RESTORATION" AS PREPARED BY THE CITY ENGINEERSASSOCIATION OF MINNESOTA.8. IN ADDITION TO THESE PLANS, A STORMWATER MANAGEMENT STUDY HASBEEN PROVIDED. THE STORMWATER MANAGEMENT STUDY INCLUDESADDITIONAL INFORMATION REGARDING THE DESIGN OF THESTORMWATER MANAGEMENT BMP(S). THE CONTRACTOR SHALL REVIEWTHE STORMWATER BOOK AND COMPLY WITH ALL STATE AND LOCALREQUIREMENTS.9. ALL SITE WORK SHALL BE PERFORMED IN ACCORDANCE WITH THERECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER.10. INFILTRATION AREAS SHALL NOT BE EXCAVATED TO FINAL GRADE UNTILTHE CONTRIBUTING DRAINAGE AREA HAS BEEN CONSTRUCTED ANDSTABILIZED. ONLY LOW IMPACT TRACK EQUIPMENT SHALL BE USEDWITHIN INFILTRATION AREAS.11. SPOT ELEVATIONS SHOWN INDICATE FINISHED PAVEMENT ELEVATIONS &GUTTER FLOW LINE UNLESS OTHERWISE NOTED. PROPOSED CONTOURSARE TO FINISHED SURFACE GRADE.12. GOPHER STATE ONE CALL DAMAGE PREVENTION SYSTEM FOR BURIEDUTILITIES. 1-800-252-1166. CONTRACTOR SHALL HIRE A PRIVATE UTILITYLOCATOR TO ASSIST WITH PRIVATE UTILITY LOCATES.XXX.XX12MATCH INTO EXISTING BITUMINOUS PAVEMENTMATCH INTO EXISTING CONCRETEMATCH INTO EXISTING CURB & GUTTERGRADE BREAKDRIVE APRON345KEY NOTES:GRADING PLANC301THIS DRAWING AND THE INFORMATION THEREIN ISTHE PROPERTY OF DESIGN TREE ENGINEERING INC.USE BY THE HOLDER OR DISCLOSURE TO OTHERSWITHOUT THE PERMISSION OF DESIGN TREEENGINEERING INC. IS PROHIBITED. IT CONTAINSPROPRIETARY AND CONFIDENTIAL INFORMATION OFDESIGN TREE ENGINEERING INC. REPRODUCTION OFTHE MATERIAL HEREIN WITHOUT WRITTENERMISSION OF DESIGN TREE ENGINEERING INC.VIOLATES THE COPYRIGHT LAWS OF THE UNITEDSTATES AND WILL SUBJECT THE VIOLATORS TOLEGAL PROSECUTION.COPYRIGHT @ 2024 BY DESIGN TREE ENGINEERINGI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.DRAWING NO.DRAWN BY:CHECKED BY:PROJECT NO.:NO.DATE DESCRIPTIONPRELIMINARY:NOT FORCONSTRUCTIONDATE:LICENSE #:PRINTED NAME:MICHAEL J. GERBER5665309/04/202410925002MUD LAKEALBERTVILLE, MNNPKJEA60th STREET NEMACKENZIE AVE NEWETSEDIMENTATION BASINBOTTOM EL: 945.00TOP EL: 952.00NWL: 948.00100-YR HWL: 951.125332214444444510' WIDE EOF SWALESTABILIZED WITH RIPRAPINV:951.50EXHIBIT H Agenda Page 55 BUILDING A20,716 S.F.GROCERY STOREBUILDING B4,874 S.F. TUNNEL CAR WASH TFULL ACCESS207141461411810953954 955 954956 955951952953956 957 958 959 95 5 956 957 958 95595695795595 6955956957958956956957958954955 9 5 5955951952953954956 953952 95595695795 3 954954 952953954958959960 956 956 957 957 958 959 958957 956955954953952955952 953 954 956957958959 959958 945946945945946946947947948950950948949951950948949951952960958959958957 958 9569 5 7 9 5 6 954955 954 953952 =========================RIGHT TURN LANERIGHT IN / RIGHT OUT ACCESS93956950948949951952952 952 NOTES:1. ALL DISTURBED AREAS SHALL BE FINAL GRADED AND PERMANENTLYSTABILIZED WITH THE SEED MIX IDENTIFIED ON PLANS.2. THE SITE MUST BE STABILIZED PER THE REQUIREMENTS OF THE MPCA,NPDES PERMIT, MNDOT, AND THE CITY.3. INLET PROTECTION SHALL BE PROVIDED ON ALL CATCH BASINS ANDINLETS DOWN GRADIENT OF CONSTRUCTION ACTIVITY.4. PROVIDE SILT FENCE PERIMETER CONTROL DOWN GRADIENT OF ALLCONSTRUCTION ACTIVITY AND TEMPORARY STOCKPILES.5. TEMPORARY STABILIZED CONSTRUCTION EXITS SHALL BE INSTALLEDAND MAINTAINED THROUGHOUT THE DURATION OF CONSTRUCTION.6. NO OFFSITE VEHICLE TRACKING IS PERMITTED. STREETS SHALL BECLEANED AND SWEPT WHENEVER TRACKING OF SEDIMENTS OCCURSAND BEFORE SITES ARE LEFT IDLE FOR WEEKENDS AND HOLIDAYS.7. REFER TO THE SWPPP AND THE CITY OF ______________ EROSIONCONTROL REQUIREMENTS FOR FURTHER EROSION CONTROLSEQUENCING.8. IN ADDITION TO THESE PLANS, A STORMWATER MANAGEMENT STUDYHAS BEEN PROVIDED. THE STORMWATER MANAGEMENT STUDYINCLUDES ADDITIONAL INFORMATION REGARDING THE DESIGN OF THESTORMWATER MANAGEMENT BMP(S). THE CONTRACTOR SHALL REVIEWTHE STORMWATER BOOK AND COMPLY WITH ALL STATE AND LOCALREQUIREMENTS.9. WHEN INSTALLING END-OF-LINE FLARED END SECTIONS, BRING THESILT FENCE UP & OVER THE FLARED END SECTIONS & COVER DISTURBEDAREAS WITH RIP RAP. THE UPSTREAM FLARED END SECTIONS SHALLHAVE WOOD FIBER BLANKET INSTALLED ON THE DISTURBED SOILS.10. INFILTRATION AREAS SHALL NOT BE EXCAVATED TO FINAL GRADE UNTILTHE CONTRIBUTING DRAINAGE AREA HAS BEEN CONSTRUCTED ANDSTABILIZED. ONLY LOW IMPACT TRACK EQUIPMENT SHALL BE USEDWITHIN INFILTRATION AREAS.11. GOPHER STATE ONE CALL DAMAGE PREVENTION SYSTEM FOR BURIEDUTILITIES. 1-800-252-1166. CONTRACTOR SHALL HIRE A PRIVATEUTILITY LOCATOR TO ASSIST WITH PRIVATE UTILITY LOCATES. EROSION CONTROL LEGEND & QUANTITIES:STABILIZED CONSTRUCTION EXIT (2 EA)SILT FENCE (980 LF)SEDIMENT CONTROL ROLL/LOG(XX LF)MNDOT SEED MIX 25-151 (1.01 AC)RIPRAP (38 SY)CATEGORY 20 ROLLED EROSION PREVENTION PRODUCT (5,016 SY)INLET PROTECTION(9 EA)NOTE: QUANTITIES SHOWN ARE FOR SWPPP PLAN, AND ARE NOT FOR BIDDINGPURPOSES.=0'30'60'*****EROSIONCONTROL PLANC501THIS DRAWING AND THE INFORMATION THEREIN ISTHE PROPERTY OF DESIGN TREE ENGINEERING INC.USE BY THE HOLDER OR DISCLOSURE TO OTHERSWITHOUT THE PERMISSION OF DESIGN TREEENGINEERING INC. IS PROHIBITED. IT CONTAINSPROPRIETARY AND CONFIDENTIAL INFORMATION OFDESIGN TREE ENGINEERING INC. REPRODUCTION OFTHE MATERIAL HEREIN WITHOUT WRITTENERMISSION OF DESIGN TREE ENGINEERING INC.VIOLATES THE COPYRIGHT LAWS OF THE UNITEDSTATES AND WILL SUBJECT THE VIOLATORS TOLEGAL PROSECUTION.COPYRIGHT @ 2024 BY DESIGN TREE ENGINEERINGI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.DRAWING NO.DRAWN BY:CHECKED BY:PROJECT NO.:NO.DATE DESCRIPTIONPRELIMINARY:NOT FORCONSTRUCTIONDATE:LICENSE #:PRINTED NAME:MICHAEL J. GERBER5665309/04/202410925002MUD LAKEALBERTVILLE, MNNPKJEA60th STREET NEMACKENZIE AVE NEPROPOSED WETSEDIMENTATIONBASININLETPROTECTIONINLETPROTECTIONINLETPROTECTIONINLETPROTECTIONINLETPROTECTIONINLETPROTECTIONINLETPROTECTIONINLETPROTECTIONINLETPROTECTIONSTABILIZEDCONSTRUCTION EXITSTABILIZEDCONSTRUCTION EXITSILT FENCESILT FENCERIPRAPRIPRAPRIPRAPRIPRAPEXHIBIT I Agenda Page 56 !!!!ALDI, INC.LEFT HAND ENTRY, SIDE DOCKBUILDING SQ. FT. = 20,664FFE = 956.25'!!(;3$16,2163$&()255()(5(1&(21/<1273$572)7+,66,7(3/$1&85%6,'(&85%6,'(&85%6,'(!!!!!!!!,,,,!!!!!!!,,!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!,,,,,, ,, , ,,,,,,!!!!!!!!!!!!!!!!!!!,,,%8,/',1*%;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;))( ))( MISTER CARWASH 6) (175$1&())( (;,7))( STORMWATERDETENTION BASINNWL = 948.00'WQVL= 949.08'100 YR HWL = 951.12'2( 2( 2( 2( 2( 2(!!!!!!!!%0(/(9 ,13383<(//2:)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2)%2***************8(8(8(8(8(8(8(8(8(8(8(8(8(8( 0$&.(1=,($9(18(3523(57</,1(3523(57</,1(3523(57</,1(3523(57</,1(!!!!!!!!!!!!!!!!8(8(8(8(8(,,,,,,,!!!!!!!!!!!!!!**87878(,,,,,,,,, %*%*%$%$&/6/&$0066&$0066&$.$&/&$.%$%&$.%$%&$.$&/066066SYMBOL CODEQTYBOTANICAL / COMMON NAME SIZE ROOTUNDERSTORY TREES0660$/86; 635,1*612: 635,1*612:&5$%$33/(&$/% %DECIDUOUS SHRUBS$&/$0253+$&$1(6&(16/($'3/$17*$/&217%$%%$37,6,$$8675$/,6%/8(:,/',1',*2*$/&217&$0&25186$/%$C0,1%$7C),567(',7,216%$721528*('2*:22'*$/&217EVERGREEN SHRUBS%*%8;86 */(1&2( &+,&$*2/$1'*5((1%2;:22'*$/&217GRASSES&$.&$/$0$*5267,6;$&87,)/25$ .$5/)2(567(5 .$5/)2(567(5)($7+(55(('*5$66&2176/6&+,=$&+<5,806&23$5,80/,77/(%/8(67(0*$/&217PLANT SCHEDULE24-31672V7.0ALBERTVILLE, MNALDI Inc. Store #: __Drawing No.ISG Project No.Type:Drawn By:Project Name & Location:Drawing Name:Date:AIssued:1Date:Revisions:BCDE234567891Designed By:Reviewed By:MANAGING LOCATION:':*/2&$7,216?352-(&76?352-??$/',$/%(579,//($/%(579,//(01?352'8&7,21),/(6?&,9,/'?352'8&7,21':*6?&/$1'':*6$9('%<6&277:(56$/6+((71279$/,'81/(667+,67(;7,6&2/25Inc.(507) 333-9460(507) 333-9475 fax4201 Bagley Avenue NorthFaribault, MN 55021SITE PLANTING PLANC-520&6,7(3/$17,1*3/$1&60TH STREET NEALBERTVILLE, MN 55301WRIGHT COUNTY3100 MARKET STREETSUITE 106ROGERS, AR 72758PHONE: 479.974.1601ROGERS OFFICE6&$/(,1)((7 ---PUD LANDSCAPE CODE REQUIREMENTS:,1',9,'8$//27&29(5$*(%<,03(59,286685)$&(66+$//127(;&(('(,*+7<3(5&(173/$17,1*3/$172%('(6,*1('$1',03/(0(17('7+$7(1+$1&(6255(6725(67+(1$785$/%8))(5:,7+$&20%,1$7,212)*5$66(66+58%6$1'75((6$335235,$7(72&203/(0(177+(1$785$/+$%,7$7/$1'6&$3(('*,1*7<3PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION/,&12'$7(/,&12'$7(352)(66,21$/(1*,1((581'(57+(/$:62)7+(67$7(2)0,11(627$,+(5(%<&(57,)<7+$77+,63/$163(&,),&$7,21255(3257:$635(3$5('%<0(2581'(50<',5(&7683(59,6,21$1'7+$7,$0$'8/</,&(16('/$1'6&$3($5&+,7(&781'(57+(/$:62)7+(67$7(2)0,11(627$,+(5(%<&(57,)<7+$77+,63/$163(&,),&$7,21255(3257:$635(3$5('%<0(2581'(50<',5(&7683(59,6,21$1'7+$7,$0$'8/</,&(16('5<$1-$1'(56210,7&+(//&22.$6CITY SUBMITTAL10/10/250,67(5&$5:$6+6,7(%<27+(566+2:1)255()(5(1&($1'7,(,16&2175$&7256+$//9(5,)<216,7(&21',7,216&2817<52$',03529(0(176%<27+(566+2:1)255()(5(1&($1'7,(,16&2175$&7256+$//9(5,)<216,7(&21',7,2160,67(5&$5:$6+%<27+(566,7(/,0,76Agenda Page 91EXHIBIT J-1 Agenda Page 57 BUILDING BX X X X X X X X X X X X X X X X X X X X X X X X1183FFE = 958.33FFE = 958.5MISTER CARWASH4,440 SFENTRANCE FFE = 958.00EXIT FFE = 958.25STORMWATERDETENTION BASINNWL = 948.00'WQVL= 949.08'100 YR HWL = 951.12'X XXXXWETWETWETWETWETWETWETWETWETWETWET WETBM ELEV=950.54BM SPK947948949950951951951952952952953953953954954954954954955955955956 956956957 957957957957957957957958958958958958958958958959959959959959960960960960960960PROPOSED FENCE>>>>>>>>>>II I I I I IIII>>>>>>>IIIIIIII>>>>>>>>>>>>>> >> >> >>>> >> >> >>>>> > > >>>>>>>>>>>>>>>>>012201 1 0000(8) JH(19) TY(7) JS(13) JS(5) TY(10) AB2(20) SL2(5) JH(5) JS(8) RG2(36) SH(20) CO-M(17) DL(18) SH(18) CO-M(16) JH(31) PH(12) BA(4) JH(13) JS(14) DL(21) JH(7) BA(5) RG2(29) AB2(30) CKPROPOSED FENCEALONG WESTBOUNDARY OF SITESYMBOL CODEQTYBOTANICAL / COMMON NAME SIZE ROOTDECIDUOUS SHRUBSBA19BAPTISIA AUSTRALISBLUE WILD INDIGO5 GALCONTCO-M38CORNUS RACEMOSA `MUSZAM` TMMUSKINGUM GRAY DOGWOOD5 GALCONTDL31DIERVILLA SESSILIFOLIABUSH HONEYSUCKLE5 GALCONTRG213RHUS AROMATICA `GRO-LOW`GRO-LOW FRAGRANT SUMAC5 GALCONTEVERGREEN SHRUBSAB239ABIES BALSAMEA 'NANA'DWARF BALSAM FIR5 GALCONTJH54JUNIPERUS HORIZONTALIS 'HUGHES'HUGHES CREEPING JUNIPER5 GALCONTJS38JUNIPERUS SQUAMATA `BLUE STAR`BLUE STAR JUNIPER5 GALCONTTY24TAXUS X MEDIA `TAUNTONII`TAUTON YEW5 GALCONTGRASSESCK30CALAMAGROSTIS X ACUTIFLORA 'KARLFOERSTER'KARL FOERSTER FEATHER REED GRASS2 GALCONTPH31PENNISETUM ALOPECUROIDES 'HAMELN'HAMELN FOUNTAIN GRASS2 GALCONTSL220SCHIZACHYRIUM SCOPARIUMLITTLE BLUESTEM2 GALCONTSH54SPOROBOLUS HETEROLEPISPRAIRIE DROPSEED2 GALCONTPLANT SCHEDULEMISTER CAR WASHALBERTVILLE32988 C5-10 LANDDATEDESCRIPTIONBYPROJECTTITLESHEETREVISION SCHEDULEPROJECT NO.FILE NAMEDESIGNED BYDRAWN BYREVIEWED BYDATEDESCRIPTIONBYISSUE SCHEDULEC0-10 TITLE ---- ---- C0-10DWG LOCATION: \\ISGFILE1\SHARED\PROJECTS\32000 PROJ\32900-32999\32988 MISTER CAR WASH ALBERTVILLE-ALBERTVILLE MN\32988 PRODUCTION FILES\32988 CIVIL 3D\PRODUCTION DWGS\32988 C5-10 LAND.DWG SAVED BY: JUDE.SMITHSHEET NOT VALID UNLESS THIS TEXT IS COLOR.25-32988C5-11PLANTING PLANC5-11 PLANTING PLAN ---- ---- C5-11MINNESOTAALBERTVILLE0SCALE IN FEET30 60THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2025 I & S GROUP, INC.LIC. NO.DATEPROFESSIONAL ENGINEER UNDER THE LAWS OF THESTATE OF MINNESOTA.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDRYAN ANDERSON55938PRELIMINARY NOT FOR CONSTRUCTIONPRELIMINARY NOT FOR CONSTRUCTIONPLOT DATE: 7/29/2025 10:57 AM07/15/25 CITY SUBMITTAL #1ARA07/29/25 CITY SUBMITTAL #2ARAAgenda Page 123Agenda Page 125EXHIBIT J-2 Agenda Page 58