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Councilmember~ adoption: introduced the following resolution and moved for its PROPOSED RESOLUTION g94-04- A RESOLU~rlON APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT TO EXPAND AN OUTDOOR RECREATIONAL FACILITY IN THE INDUSTRIAL DISTRICT WHERE]AS, KRS Invesments, dba Smiley's, has properly applied for a conditional use permit to expandian outdoor recreational facility in the Industrial District on the property generally known as 14622 Ferret Street N.W. and legally described as follows: Lot 2, BlOCk 1, HY-10 RAMSEY, Anoka County, Minnesota (the "Subject Proeprty"); and WHERgAS, the Planning Commission met on April 5, 1994, conducted the public hearing and recommended City Council approval of the request. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. Based on Findings of Fact # ., a conditional use permit to expand an outdoor recreational facility iO the Industrial, District to include batting cages is hereby granted to KRS Investmeflts, dba Smiley s, hereinafter referred to as "Permit Holder", at 14622 Ferret Street N.W. 2. The Permit Holder shall be required to install site improvements in 2 phases during the 1994 and~1995 constructions seasons: Phase 1 shall consist of 25 bituminous off-street parking gpaces in 1994 and 44 bituminous off-street parking spaces and continuous concrete ~urbing around the perimeter of all bituminous surfaces in 1995. All site grading and draina~ge required to construct the off-street par~.ring improvements shall be subject to prior approval by the City Engineer. In order to ensure the installation of the improvements in accordance with City specifications and in a timely manner, the Permit Holder shall be required to deposit with the City aicash escrow or letter of credit, approved as to form by the City, in the amount o,f Thirteen Thousand Two Hundred Dollars ($13,200.00), which is 150% of the City s estimated cost of the Phase I improvements. Upon completion of the construction of the Phase I and Phase II improvements, as certified by the Ciby Engineer, any credit balance remaining in the escrow shall be returned to the Permit H[01der. In the event the Permit Holder fails to construct and install the improvements as required herein, the City may complete the improvements with City day labor and~or by letting constracts for said completion and draw upon the escrow for payment. [The Permit Holder hereby grants permission and a license to the City and/or its conrractor~ and assigns to enter upon the subject property for the purpose of completing the construction and installation of the improvement§ in.the event of Permit Holders default. The City Administrator, or his designee, shall have the right to inspect the premises for compliance and safety purposes ap~ nuall7 or at any time,, upon reasonable request. The Permit Holder shall be responsible for all City costs incurred in administering and enforcing this conditional use permit. 7