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HomeMy WebLinkAbout09/19/2018••• •••• Apple II Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 September 19, 2018 PLANNING COMMISSION TENTATIVE AGENDA 7:00 PM 1. Call to Order 2. Approve Agenda 3. Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a commissioner or citizen requests to have any item separately considered. It will then be moved to the land use/action items for consideration. A. Approve Minutes of September 5, 2018, Regular Meeting B. Impervious Coverage Ordinance - PC 16-02-Z Consider Ordinance Amending Chapter 155 of the City Code Related to Impervious and Building Coverage on One- and Two -Family Lots and within the Shoreland Overlay District Location: City -Wide Petitioner: City of Apple Valley 4. Public Hearings A. Bogarts Entertainment Center - PC 18-25-I Consider an Interim Use Permit (IUP) to Store Volleyball Sand Over the Winter, and Allow a Temporary Sign Location: 14917 Garrett Avenue Petitioner: Alan Coth - Bogarts Entertainment Center B. Front Setback Text Amendment for Porches and Covered Entries - PC 18- 26-0 Consider a Text Amendment to Allow Front Porches and Covered Front Entries to Encroach into the Required Front Setback Petitioner: City of Apple Valley 5. Land Use / Action Items A. Apple Valley Self -Storage - PC 18 -23 -FB Consider Final Plat and Site Plan Building Permit Authorization of a Six- Building/57,200 sq. ft. Cold Self -Storage Facility Location: Northeast Comer of Upper 147th Street and Evendale Way Petitioner: Don Hawkins - Apple Valley Storage 6. Other Business A. Miller Farms of Lakeville, LLC Appeal to Apple Valley Board of Adjustment - PC 18-22-M Consider an Appeal to the Zoning Administrator's Determination that a Residential Use is not a Permitted Use within a Property Zoned "BP" (Business Park). Location: 5751 150th Street West Petitioner: Miller Farms of Lakeville, LLC B. Review of Upcoming Schedule and Other Updates Next Planning Commission Meeting - Wednesday, October 3, 2018 - 7:00 p.m. Next City Council Meeting - Thursday, September 27, 2018 - 7:00 p.m. 7. Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www.cityofapplevalley.org l App Valil ley ITEM: 3.A. PLANNING COMMISSION MEETING DATE: September 19, 2018 SECTION: Consent Agenda Description: Approve Minutes of September 5, 2018, Regular Meeting Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Approve minutes of regular meeting of September 5, 2018. SUMMARY: The minutes of the last regular Planning Commission meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES SEPTEMBER 5, 2018 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Vice -Chair Burke at 7:00 p.m. Members Present: Ken Alwin, Tim Burke, Keith Diekmann, Jodi Kurtz, and David Schindler. Members Absent: Tom Melander and Paul Scanlan. Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, City Planner Tom Lovelace, Planner Kathy Bodmer, Planner/Economic Development Specialist Alex Sharpe and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Vice -Chair Burke asked if there were any changes to the agenda. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 5 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, approving the minutes of the meeting of August 15, 2018. Ayes - 5 - Nays - 0. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending approval of Wings Financial building signs with conditions. Ayes - 5 - Nays - 0. 4. PUBLIC HEARINGS A. Impervious Coverage Ordinance — PC16-02-Z Vice -Chair Burke opened the public hearing at 7:01 p.m. Planner Kathy Bodmer stated the Planning Commission was first introduced to this item in 2016. She provided a history of an ordinance amending building coverage and impervious surface coverage in 2016 when a public hearing was held to consider amendments to PD -342, Zone 1 in the Scottsbriar neighborhood east of Johnny Cake Ridge Road between 142nd and 144th Streets W. A property owner wanted to construct an addition onto his single family home. The PD zoning district contained a requirement restricting building coverage to 20% of the lot area but had no requirement for maximum impervious coverage. The applicant had planned to replace a patio with the building addition. The problem was, the property had a building coverage of 27% before the proposed addition. Further review of PD -342 revealed that several properties in the PD were in a CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 5, 2018 Page 2 of 6 similar situation with building coverage in excess of the 20% requirement. The scope of the review was expanded to other single family and two-family properties in planned development zoning districts and similar issues were noted. She added that Jessica Schaum, the City's Natural Resources Coordinator, states that impervious surfaces block water from infiltrating into the ground, increasing the volume and rate of stormwater runoff. The increased stormwater volume worsens flooding, degrades water quality, and impedes groundwater replenishment. Apple Valley currently has four lakes listed as the "Impaired waters" due to excess nutrients. Jessica states that the City is required to reduce pollution to these lakes, (and our entire stormwater system) according to state and federal water regulations to improve water quality. Residential properties zoned "R" have been restricted to a maximum of 35% impervious surface area on a lot since 2004. However, of the 10,540 total single family properties in Apple Valley (as of May 2018), approximately 4,000 (38%) are zoned "PD" (Planned Development). Each PD has its own coverage and setback requirements, but most regulate building coverage and contain no provision for impervious surface coverage. To address water quality concerns and to help address homeowner's interest in making improvements to their properties, staff recommends amending the PDs to address this concern. The draft ordinance amends several sections of Chapter 155 related to impervious surface coverage. The planned development zoning districts for one -family and two-family developments are amended so that the reader is directed to the impervious coverage portion of the code. The SH- Shoreland Overlay impervious coverage is also amended to make it consistent with State Law. Commissioner Diekmann asked if this would include all the single-family homes in Apple Valley. Ms. Bodmer answered yes as of last year and all single-family homes unless it is a Planned Development zoning which in that case each development could then has its own coverage. Commissioner Diekmann asked how many other planned developments do that. City Planner Tom Lovelace replied that some houses in Cobblestone Lake could be 35% to 45% coverage due to the large stormwater pond in the middle of the development. Other developments would be Quarry Ponds and Regent's Point which took into account smaller lots and larger homes. Commissioner Diekmann asked about the definition of impervious surface as it calls out and asked if an infiltration basin surface be considered impervious surface because it slows the natural infiltration. Ms. Bodmer replied that the goal is to get at things that prevent. City Engineer Brandon Anderson said they have excluded water bodies. Infiltration basins and rain gardens that they are promoting still promote the infiltration of water. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 5, 2018 Page 3 of 6 City Attorney Sharon Hills added that the objective or propose of this ordinance is to deal with runoff so that things are not running off but soaking down. They go into the basins and now they are soaking down into the ground. Not running off and into the system. Vice -Chair Burke closed the public hearing at 7:24 p.m. 5. LAND USE/ACTION ITEMS A. McCormick Computer Resale — PC18-21-VB Planner Kathy Bodmer stated R.J. Ryan Construction submitted revised plans for the McCormick Computer Resale expansion project at 14925 Energy Way to address issues identified at the August 15, 2018, Planning Commission meeting. McCormick wishes to expand their existing 20,640 sq. ft. manufacturing/warehouse facility by constructing a 23,700 sq. ft. addition. When completed, the building will be 44,340 sq. ft. Three variances are requested in connection with the project. Two are needed to allow the delivery dock doors on the north elevation facing Energy Way and one setback variance is needed for the building setback from CSAH 42 to maintain the current building alignment. The building was originally constructed in 1994 and is approximately 20,640 sq. ft. When the building was constructed, sketch plans were provided which demonstrated how the building could be expanded in the future without the need for variances. The petitioner states that the property owner seeks to construct a larger addition than previously planned to maximize the development potential of the property. Variances are requested to allow the dock doors on the north elevation. A setback variance is requested to reduce the building setback from CSAH 42 from 50' to 30' so that the building keeps its current alignment along County Road 42. The petitioner proposes to add a second access drive to Energy Way on the northwest corner of the site. The building is proposed to be expanded to the west with two saw tooth dock bays added on the north side of the building facing Energy Way. Parking is added along the west side of the building. Several issues that were identified with the previous plans have been addressed with the revised plans. By keeping most of the landscape screening boulevard along Energy Way, there is sufficient screening provided for the addition. No changes are made to the existing dumpster enclosure. Revised floor plans were provided that help to refine the parking calculation for the project; 90 spaces are required, 87 spaces are shown with proof -of -parking available. A parking lot island is provided to help break up the parking lot paving. The remaining outstanding issues will be addressed at the time of application of the building permit. Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 5, 2018 Page 4 of 6 MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann recommending approval of a variance from § 155.234(B) and § 155.354(2) to allow construction of loading docks on the north side of the building facing Energy Way, set back 78' from the right-of-way line, based on the following findings and subject to the following conditions: Findings: 1. Dock doors on the north side of the building are preferred to provide better visibility for truck drivers to maneuver within the site and access the loading docks. 2. Dock doors on the north side of the building will help to separate delivery traffic from customer and employee traffic. 3. The existing mature landscape screening boulevard will be maintained and the docks set at a 30 degree angle from the street which will screen the loading area from Energy Way. 4. The City's Comprehensive Plan states the City's goal is to retain current businesses and to assist companies with expansion where appropriate. McCormick states the angled docks on the north side of the building will help them to gain the much needed additional space they require for their growing business. Conditions: 1. The 40' bermed and landscaped screening yard shall be maintained abutting Energy Way to screen the view of the dock doors from the right-of-way. 2. The dock doors shall be designed in a "saw -tooth" configuration to help reduce the view of the loading docks from Energy Way. Ayes -5 -Nays -0. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann recommending approval of setback variance reducing the building setback from County Road 42 from 50' to 30' finding that a 30' setback maintains the existing building alignment along CSAH 42. Ayes - 5 - Nays - 0. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann recommending approval of a site plan and give building permit authorization to construct a 23,700 sq. ft. addition, subject to compliance with all City Codes and the following conditions: 1. The plans shall be revised to address the issues identified in the City Engineer's memo of August 9, 2018. 2. Civil drawings are subject to final review and approval by the City Engineer prior to issuance of the building permit. 3. No site work or tree removal shall be conducted until a Natural Resources Management Permit (NRMP) has been issued. 4. The petitioner shall provide a nursery bid list at the time of application of the building permit that confirms the value of the landscape plantings meet or CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 5, 2018 Page 5 of 6 exceed 2-1/2% of the value of the construction of the addition based on Means Construction Data. If credit is requested for preservation of existing mature landscaping, the applicant shall submit a report from a professional arborist confirming the value of the saved trees. 5. No sign approval is given at this time. A separate sign permit must be obtained prior to the installation of any signs on the site. 6. The petitioner shall supply information at the time of application of the building permit to confirm all rooftop and ground mounted mechanical units are properly screened. 7. A six foot (6') sidewalk shall be installed along Energy Way, in accordance with the City's construction requirements. 8. Landscape plans are subject to final review and approval by the Natural Resources Coordinator prior to issuance of the building permit. 9. Additional varieties of deciduous trees shall be planted on the site. Ayes -5 -Nays -0. B. Apple Valley Self -Storage — PC18-23-FB Planner/Economic Development Specialist Alex Sharpe stated he did not recommend the Planning Commission act on the item tonight because there are a number of corrections to the plans that need to be addressed. He said Apple Valley Storage is seeking site plan and building permit authorization on the vacant parcel located at the northeast corner of Upper 147th Street and Evendale Way. A total of 6 buildings are proposed totaling 57,200 sq. ft. of cold self -storage. The site is generally located north of Uponor, east of Lifeworks, and south east of Wasatch Storage. This property is required to be final platted prior to issuance of the site plan and building permit authorization. The Planning Commission does not review final plats, but to understand the project will be provided details of the platting process. The property is zoned "I-1" (Limited Industrial), which permits self -storage when totally enclosed by a structure. The goal of the zoning district is to create an area with access to transportation corridors, that is appropriate for manufacturing and warehousing. Typically, the zone is not adjacent to residential property, but in this case is immediately adjacent. Due to this, impacts from the uses must be mitigated to a larger extent, mostly through screening. This has been achieved on other industrial sites with a mixed species vegetation screening. He stated the site will be accessed from the cul-de-sac on Evendale Way, and will not have access directly into Upper 147th. A total of 6 buildings are proposed on site, with drive isle accesses between them. Parking on the site is limited, but most of the units will be accessed via parallel parking in the drive isle area. An office area is proposed in the west building, but is not displayed on the site plan. The site is proposed to be fenced with 6 foot black vinyl coated chain link. He noted concerns brought forth by the Natural Resources Coordinator and reviewed the elevations and any concerns by Engineering and the Fire Department. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 5, 2018 Page 6 of 6 Discussion followed. 6. OTHER BUSINESS A. Review of upcoming schedule and other updates. City Planner Tom Lovelace stated that the next regular Planning Commission meeting would take place Wednesday, September 19, 2018, at 7:00 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Vice -Chair Burke asked for a motion to adjourn. MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann to adjourn the meeting at 7:48 p.m. Ayes - 5 - Nays - 0. Respectfully Submitted, /s/ Joan Murphy Joan Murphy, Planning Department Assistant Approved by the Apple Valley Planning Commission on Tom Melander, Chair ... .... •••• ..• l App Valil ley ITEM: 3.B. PLANNING COMMISSION MEETING DATE: September 19, 2018 SECTION: Consent Agenda Description: Impervious Coverage Ordinance - PC16-02-Z Staff Contact: Kathy Bodmer, Al CP, Planner Department / Division: Community Development Department Applicant: City of Apple Valley Project Number: PC16-02-Z Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: Recommend approval of draft ordinance amending Sect. 155 concerning impervious surface and building coverage. SUMMARY: Draft Ordinance: The draft ordinance amends several sections of Chapter 155 related to impervious surface coverage. The planned development zoning districts for one -family and two-family developments are amended so that the reader is directed to the impervious coverage portion of the code. The SH-Shoreland Overlay impervious coverage is also amended to make it consistent with State Law. BACKGROUND: At its meeting of September 5, 2018, the Planning Commission conducted a public hearing to receive comments on the draft ordinance. No comments were received from the public, but the Planning Commission asked questions and pointed out some issues that required the draft ordinance to be amended. 1. The lot areas listed in the impervious coverage chart has overlaps. The numbers need to be edited. Staff response: The ordinance was edited to address. Edited, bold, underline is new addition. Lot Size" Maximum Impervious C overage Allowed 9,000 sq. ft. or greater 35% 7,500 sq. ft. — 8,999 sq. ft. 40% 6,000 sq. ft. — 7,499 sq. ft. 45% Less than 6,000 sq. ft. 50% 1. Actual lot area shall be rounded up to the nearest whole number for determination of its lot size hereunder. 2. A rain garden that slows infiltration into the ground would be considered an impervious surface according to the current definition. Staff response: The definition of Impervious Surface was amended to address. Edited, bold, underline is new addition. Impervious Surface. a constructed surface, generally made of brick, stone, concrete, asphalt, gravel or similar impermeable material, that either prevents water from naturally infiltrating directly of slows the natural infiltration of water into the soil or that water cannot easily penetrate for direct natural infiltration into the soil. Impervious surfaces include, but are not limited to: building roofs, walkways, patios, driveways, parking lots, concrete or asphalt paving, sport courts, tennis courts and swimming pools. Decks shall not be considered an impervious surface if (1) the surface under the deck is pervious; or (2) the surface water runoff from the deck surface is not controlled by a drainage system, such as gutters, diversion plates. 3. How many other planned development (PD) districts regulate impervious surface coverage? Staff response: Two PDs, PD -703 and PD -975, regulate impervious coverage rather than building coverage. PD -703 is the zoning district for Cobblestone Lake. The PD contains maximum building coverage and maximum impervious surface area requirements. The maximum coverage permitted in Zone 1 is 50% and Zone 2 is 55%. PD -975 is the PD zoning designation for Quarry Ponds and Regent's Point. The maximum impervious surface area permitted is 35%. BUDGET IMPACT: N/A ATTACHMENTS: Ordinance Background Material PROPOSED ORDINANCE AMENDMENT IMPERVIOUS SURFACE AREA ON RESIDENTIAL LOTS AND SHORELAND OVERLAY DISTRICT Underlined Red Text is being added. Strikeout Text is being deleted. CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155 OF THE CITY CODE RELATED TO IMPERVIOUS AND BUILDING COVERAGE ON ONE -FAMILY LOTS AND SHORELAND OVERLAY DISTRICT The City Council of Apple Valley Ordains: Section 1. Section 155.003 of the Apple Valley City Code is hereby amended to add the following definition: § 155.003 DEFINITIONS IMPERVIOUS SURFACE. A constructed surface, generally made of brick, stone, concrete, asphalt, gravel or similar impermeable material, that either prevents water from naturally infiltrating directly or slows the natural infiltration of water into the soil or that water cannot easily penetrate for direct natural infiltration into the soil. Impervious surfaces include, but are not limited to: building roofs, walkways, patios, driveways, parking lots, concrete or asphalt paving, sport courts, tennis courts and swimming pools. Decks shall not be considered an impervious surface if (1) the surface under the deck is pervious; or (2) the surface water runoff from the deck surface is not controlled by a drainage system, such as gutters, diversion plates. Section 2. Section 155.003 of the Apple Valley City Code is hereby amended to read the following: § 155.003 DEFINITIONS BUILDING COVERAGE. The proportion of the square footage of a lot that is or may be covered by all existing and proposed building(s), including accessory buildings such as a shed, gazebo, or permanent pavilion at the time of the issuance of a building permit. The portion of the lot encumbered by any city or county easement not constituting public right-of-way as defined herein shall be included for purposes of determining total calculating the total square footage of the lot arm.. LOT COVERAGE. The total armm of a lot which, when viewed from directly above, is or would be covered by a building, structure, or impervious surface The aggregate coverage area of building coverage and impervious surface area of a lot. PAVED SURFACE. Any area covered by the following impervious materials consisting of : concrete, bituminous, or brick pavers. 1 Section 3. Section 155.350 is amended to add Section 155.350 (C), (D), and (E) to read as follows: § 155.350 DRAINAGE REQUIREMENTS. * * * (C) The maximum impervious surface area on a lot or parcel with a one -family detached dwelling (house) or lots with two-family attached dwellings (twinhome) shall not exceed the following coverage: Lot Size' Maximum Impervious Coverage Allowed 9,000 sq. ft. or greater 35% 8,999 sq. ft. - 7,500 sq. ft. 40% 7,499 sq. ft. - 6,000 sq. ft. 45% Less than 6,000 sq. ft. 50% 1. Actual lot area shall be rounded up to the nearest whole number for determination of its lot size hereunder. Lots located within a "PD" (Planned Development) zoning district on which an one -family detached dwelling (house) or lots with two-family attached dwellings (twin home) is a arc permitted uses. shall comply with the requirements above, unless impervious surface coverage is specifically addressed in the ordinance establishing the PD zoning district. Lots zoned for multi -family dwellings on which the dwelling units, attached or detached, comprises the lot of record and the open space or yard surrounding the unit is not exclusively owned by the dwelling unit owner and is instead owned as a CIC or other common property interests, are not subject to this Clause. (D) The maximum impervious surface area allowed hereunder may be increased up to an additional 5% upon a showing of extraordinary circumstances supporting good cause for additional impervious surface area in excess of the limitations herein and upon the installation of a city approved on-site stormwater management facility. (E) Any lot or parcel that has impervious surface area in excess of the maximum area allowed herein as of April 30, 2018, shall be deemed as legal nonconforming. The impervious surface area existing on a lot as of April 30, 21018, may be maintained, repaired or replaced, but may not be expanded. If the lot or parcel is redeveloped in its entirety, the impervious surface area restrictions set forth herein shall apply. 2 Section 4. Section 155.373(B)(3) is by revising Section 155.373 (B)(3) to read as follows:: § 155.373 PARKING IN RESIDENTIAL DISTRICTS. * * * (B) Parking in all residential districts shall be subject to the following requirements: * * * (3) All motorized vehicles, regardless of type, method of propulsion, or placement on a trailer, and all Class II vehicles and trailers shall be parked or stored on a paved surface. A surface constructed of pervious material may be used if approved by the City; * * * Section 5. Section 155.378 is amended by revising Section 155.378 (B)(1) & (2) to read as follows: § 155.378 OFF-STREET PARKING; DESIGN AND MAINTENANCE. * * * (B) Surfacing. (1) In single-family residential districts, any area intended to be used for parking spaces, driveways, storage of motor vehicles, or vehicle maneuvering areas shall be surfaced with concrete, asphalt or brick pavers. Pervious material may be permitted when approved by the City. (2) In multi -family residential, commercial, industrial, or institutional districts, any area intended to be used for parking spaces, driveways, loading areas, open sales or storage lots, vehicle maneuvering, and the like, shall be surfaced with concrete or bituminous materials. Pervious material may be permitted when determined to be a low risk of contamination and approved by the City. 3 Section 6. Chapter 155, Appendix A is amended by revising the Maximum Impervious Surface Coverage requirements to read as follows: APPENDIX A: REQUIREMENTS FOR AGRICULTURAL AND FAMILY DISTRICTS Agriculture and residential districts shall have the following lot area, height, frontage and yard requirements. The dimensions are measured in feet, unless directly stated otherwise. 4 Setback Requirements Symbol Use District Lot Area Lot Width (in feet) Front Yard Setback (in feet) Side Yard Setback Interior Lot (in feet) Side Yard Setback Corner Lot (in feet) Rear Yard Setback (in feet) Maximum Height (in feet) Maximum Impervious Surface Coverage (percent of lot area) A* Agricultural 5 acres 150 30 20 30 50 — 35% See 155.350 R-1* One family residential 40,000 sq. ft. 150 30 20 30 30 35 35% See 155.350 R 2* One family residential 18,000 sq. ft. 100 30 10 30 30 35 35% See 155.350 R-3* One -family residential Interior lot 11,000 sq. ft 80 30 Dwelling Unit 10 Garage 5 — 30 35 35% See 155.350 Corner lot 12,500 0 sq. ft. 90 30 — Street side 20 Interior side same as interior lot setbacks 30 35 35% See 155.350 RCL** — — — — — — — — — R-5* Two-family7,500 residential 15,000 sq. ft. per unit) 100 (50 per unit) 30 Dwelling Unit 10 Garage 7.5 30 30 35 35% See 155.350 4 Section 7. Chapter 155, Appendix F, Article 3, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A3 -5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 138 Standards Zone 1 Zone 2 Zon e 3 Zone 4 Zone 5 Zone 6 Zone 7 20 One- Two- Family 45 Coverage of _ot (percentage) Impervious One- Family* Two- Family Multiple. Residents al Family Maximum g Lot Coverage Building 2- Zone 3 Zone 4 25 20 3 20 20 20 45 Coverage of _ot (percentage) Impervious See '..)e See See 366 See See §155.350 See Surface §155.350 §155.350 §155.350 x,155.350 §155.350 §155.350 §155.350 Coverage Section 8. Chapter 155, Appendix F, Article 4, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A4 -5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 163 Requirements Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 * * * Maximum I gLol: Coverage Builthil Coverage 20 20 20 20 20 25 25 of lot (%) Impervious Surface See See See Coverage §155.350 §155.350 §155.350 5 Section 9. Chapter 155, Appendix F, Article 8, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A8 -5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 251 Requirements Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 * * * MaximumBuilding Coverage Buildin a Coverage e# 24 28 20 20 20 20 kat -(percentage) Impervious Surface See See See Coverage §155.350 §155.350 §155.350 §155.350 Section 10. Chapter 155, Appendix F, Article 11, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A11 -5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 144 Requirements Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 One- Family Multiple Residential Multiple Residential* (percentage) * Maximum g-Lof Coverage Lot 8A!i!rlinn, coverage 24 28 20 15 15 30 (percentage) Impervicuc 6urfacc See See Coverage §155.350 §155.350 6 Section 11. Chapter 155, Appendix F, Article 12, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § Al2-5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 315 Requirements Zone 1 Zone 2 * * * Maximum g -Lo Coverage Buildinq Coverage e4 -IQ (percentage) 28 20 Zone 4 Impervious Surface Coveraqe See §155.350 See §155.350 Free - Standing of lot (percentage) Section 12. Chapter 155, Appendix F, Article 13, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A13 -5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 341 Requirements Zone 1 Zone 2 Zone 3 Zone 4 Zone 4B Zone 5 Shopping Center Free - Standing * * * Maximum Impervious Surfacr Coverage Buildin Coverage 25 25 30 30 30 30 of lot (percentage) Impervious :�urrace see Coverage §155.350 7 Section 13. Chapter 155, Appendix F, Article 14, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A14 -5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 342. Requirements Zone 1 Zone 2 Zone 3 * * * MaximumBuilding Coverage Zone 1 Zone 2 Building Coverage r(percentage) 28 20 20 (percentage) Impervious Surface Coverage See §155.350 Section 14. Chapter 155, Appendix F, Article 15 is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A15 -5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 400. Requirements Zone 1 Zone 2 Zone 3 * * * Maximum 1344,11 -€1 -4g -Lot Coverage Building Coverage2-4 25 20 (percentage) Impervious Surface Coverage See §155.350 8 Section 15. Chapter 155, Appendix F, Article 17, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A17 -5(A)(1) to read as follows: § A17-5 MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 444. Requirements Zone 1 Zone 2 * * * Maximum ILc Coverage Building Coverage. (percentage) 28 25 Impervious Surtace Coverage See §155.350 See §155.350 Section 16. Chapter 155, Appendix F, Article 21, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A21 -5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 580. Requirements Zone 1 Zone 2 * * * Maximum Coverage Buildin Coverage (percentage) 30 34 Impervious Surface Coverage See §155.350 9 Section 17. Chapter 155, Appendix F, Article 22, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A22 -5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 629. Requirements Zone 1 Zone 2 Zone 3 Zone 4 * * * Maximum ng Lot Coverage Zone 1 Zone 2 Coverage of lot (percentage) — — 32 25 20 Maximum building footprint (square foot) 2,700 2,700 — — See Impervious Surface Coverage See §155.350 Coverage 5155.350 Section 18. Chapter 155, Appendix F, Article 23, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A23 -5(A)(1) to read as follows: MINIMUM AREA STANDARDS AND REQUIREMENTS FOR DESIGNATION NO. 632. Requirements Zone 1 Zone 2 Sone Zone 4 Zone 5 Zone 6 Zone 7 * * Maximum g -Lot Coverage BuildinL; Coverage of lot 30 30 20 20 20 30 35 (percentage) Impervious Surface See See Coverage 5155.350 §155.350 10 Section 19. Chapter 155, Appendix F, Article 33, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A33 -5(A)(1) to read as follows: MINIMUM AREA STANDARDS AND REQUIREMENTS FOR DESIGNATION NO. 856. Specification Zone 2 * * * Maximum Wig -Impervious Surface coverage (percent) 34) See § 155.350 Section 20. Chapter 155, Chapter 155, Appendix H, is amended by revising the maximum total area covered by impervious surface, in part, as set forth, to read as follows: APPENDIX H: REQUIREMENTS FOR SHORELAND OVERLAY Recreational development waters setback and area requirements shall be as follows. The measurements shall be in feet unless otherwise specified. Sewered Unsewered Total lot area covered by impervious surface with bonus, subsection 30 258 25 — — Section 155.309 (percentage): Waterfront lots 40 Other lots 50 Section 21. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and summary will clearly inform the public of the intent and effect of the ordinance. Section 22. Filing. The City Clerk shall file a copy of this ordinance in her office, which copy shall be available for inspection by any person during regular office hours. 11 Section 23. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Section 24. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary PASSED by the City Council this day of , 2018. ATTEST: Pamela J. Gackstetter, City Clerk Mary Hamann -Roland, Mayor 12 CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155 OF THE CITY CODE RELATED TO IMPERVIOUS AND BUILDING COVERAGE ON ONE -FAMILY LOTS AND SHORELAND OVERLAY DISTRICT The following is the official summary of Ordinance No. approved by the City Council of Apple Valley on , 2018: Chapter 155 of the City Code is amended to address maximum impervious surface area and building coverage area regulations. The amendments add the definition of impervious surface and amend definitions for building coverage, lot coverage and paved surface. The amendment adds maximum impervious surface area requirements for one -family detached and two-family dwellings properties. The building coverage regulations are amended to be replaced with maximum impervious surface area requirements in zoning districts for one -family detached and two-family dwellings. Shoreland Overlay District regulations are amended to reduce the allowed maximum impervious coverage to conform with State law. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 West 147th Street, Apple Valley, Minnesota 55124. 13 A Valley Impervious Coverage Public Hearing City of Apple Valley Planning Commission September 5, 2018 7:00 p.m. Apple Valley Municipal Center, 7100 — 147th Street West A public hearing will be held before the Apple Valley Planning Commission to discuss proposed amendments to the Apple Valley Zoning Code related to maximum impervious surface coverage on residential parcels on September 5, 2018, at 7:00 p.m. at the Apple Valley Municipal Center, 7100 — 147th Street West. Q: What is Impervious Surface? Impervious Surface is a constructed surface that either prevents or slows natural infiltration of water into the soil. Examples of impervious surface include building roofs, patios, driveways, sports courts, and similar surfaces. A deck is considered pervious if the surface under the deck is pervious; if the surface under the deck is impervious, or a drainage collection system has been installed under the deck, the deck would be classified an impervious surface. Q: Why does the City restrict the amount of impervious surface area on a residential lot? Impervious surfaces prevent water from infiltrating into the ground, increasing the volume and rate of stormwater runoff. The increased stormwater volume worsens flooding, degrades water quality, and impedes groundwater replenishment. Apple Valley currently has four lakes listed as "Impaired Waters" due to excess nutrients. The City is required to reduce pollution to these lakes, (and our entire stormwater system) according to state and federal water regulations to improve water quality. Q: What are the current requirements? Today, the maximum impervious surface coverage allowed is 35% for residentially - zoned properties including "R-1" (Single family residential, min. lot 40,000 sq. ft.), "R- 2" (Single family residential, min. lot 18,000 sq. ft.), "R-3" (Single family residential, min. lot size 11,000 sq. ft.), "R -CL" (Residential Cluster) and "R-5" (Two family residential, min. lot size 15,000 sq. ft.). Q: My property is zoned PD. How does this affect me? Single family and two-family properties that are zoned "PD" (Planned Development) have a different coverage requirement regulated by each Planned Development ordinance. Most of the PD zoning districts restrict the maximum building coverage on a property, but do not address impervious surface area coverage. In some cases, the building coverage requirement hinders owners from constructing additions and other improvements on their property. Q: What are the proposed amendments? The draft ordinance proposes to modify the Planned Development zoning districts to remove the maximum building coverage requirement and instead to reference the maximum impervious surface area requirement. Because many of the developments zoned PD have smaller than typical lot sizes, the impervious surface area requirements are proposed to have graduated coverage requirements based on the size of the lot. Q: Can I increase the amount of impervious surface area on my lot if I am already at the maximum coverage allowed? The City may approve a maximum impervious coverage increase of up to 5% above the maximum allowed if the property owner can show extraordinary circumstances for the increase and after installing a City -approved on-site stormwater management facility. Q: What if the coverage on my lot today exceeds the maximum impervious coverage requirement? If a property has impervious coverage that exceeds the maximum area allowed as of April 30, 2018, the impervious area may be maintained, repaired, or replaced, but may not be expanded. Q: How can I provide comments? What if I have questions? If you have any questions about this proposal, please contact the Apple Valley Planning and Development Department at (952) 953-2575 during business hours, 8:00 a.m. to 4:30 p.m. Comments may be made in person the night of the hearing or sent via mail to Planning Department, City of Apple Valley, 7100 - 147th Street West, Apple Valley, MN 55124. You may also e-mail your comments to commdev@cityofapplevalley.org. ... .... •••• ..• l App Valil ley ITEM: 4.A. PLANNING COMMISSION MEETING DATE: September 19, 2018 SECTION: Public Hearings Description: Bogarts Entertainment Center- PC18-25-I Staff Contact: Alex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department Applicant: Alex Sharpe Project Number: PC18-25-1 Applicant Date: 9/5/2018 60 Days: 11/4/2018 120 Days: 1/3/2019 ACTION REQUESTED: Open the public hearing, receive comments and close the public hearing. Though it is the policy of the Planning Commission not to act on an item the same night as its public hearing, staff believes the proposal can move forward if there are no adverse comments received. Recommend approval of an Interim Use Permit for Bogarts Entertainment Center to allow the storage of volleyball sand from October 1, 2018 to April 1, 2019, temporarily amending condition 6 of Resolution 2013-60. Recommend approval of an Interim Use Permit for Bogarts Entertainment Center to allow a temporary sign over the "Apple Place" permanent sign for one year from the date of approval. SUMMARY: Bogarts Entertainment Center is seeking an Interim Use Permit (IUP) to temporarily amend their Conditional Use Permit for sand volleyball courts. One of the conditions of the CUP is that the volleyball courts and the sand are only permitted to be on site April 1st - September 30th each year. Bogarts is seeking to store the sand on site for the winter months, and find alternative uses for the stockpiled sand during this time. Additionally, Bogarts has re -branded and is no longer "Apple Place". A large sign currently exists on the building, and the owners are seeking to cover this with a temporary sign with the new "Bogarts Entertainment Center" logo. As temporary signs are only permitted for 30 days per year, the interim use permit will allow the applicant to keep a temporary sign for up to one year. BACKGROUND: If approved, the IUP will cover two separate requests on the site. The first is to temporarily amend a condition of the CUP issued in 2013 which dictated when the sand could be stored/used on the site. The second is for a temporary sign on the exterior wall, allowing the owner to retain a temporary sign longer than permitted by code. History of Volleyball Court Request In 2013, Apple Place Bowl/Bogarts Nightclub was issued a CUP to allow outdoor sand volleyball in the parking lot on the site. A condition of this use was that the volleyball courts, including the sand and lights be removed from the site each year prior to September 30th. The site is under new ownership and is seeking to retain the sand on site during the winter months. They would do so by taking half of the sand and placing it on the other half of the court, essentially folding the southern half and placing it onto the northern half. Bogarts is evaluating several options for the use of this sand during the winter months, including ice sculpture display, skating, and winter volleyball. The primary purpose of retaining the sand is to allow the new ownership to take some time getting established and re- brand the site. When the CUP was issued there were two primary concerns with retaining the sand on site, which led to the requirement that it be removed each year. The first was to prevent sand from entering the storm water system. The second was ensuring the site had adequate parking during its busy winter months. Storm Water Protection The Public Works and Natural Resources Departments have evaluated the proposal and have determined that the storage of the sand could be done for one year and evaluated, with some conditions that would assist in preventing sand from flowing into the storm water system. These include covering and enclosing the sand, placing inlet protection in the catch basins in their parking lot and along Garrett Ave, and an inspection when this installation is complete. Parking Having the site meeting parking requirements was the second concern noted in the CUP in 2013. As constructed, the site is 30 parking spaces short of requirements, but has a cross access parking agreement with Fit Academy, and the Commons II building. When the volleyball courts are in place they remove 24 parking spaces. To store the sand on site for the winter the total spaces removed will be 12. The CUP report in 2013 noted that while the total parking for the sites do not meet code, they are able to meet parking demands due to staggered use of the sites with vastly different peak demand times. Fit Academy and the Commons II building have peak uses in the morning, and during the business day. Whereas Bogarts demands are evenings and weekends. Staff has not noted serious parking concerns since the establishment of the volleyball courts in 2013 and will closely evaluate parking concerns this winter. The purpose of an IUP is to temporarily allow a use to determine whether it may have any adverse effects. This application will allow the new site owners to evaluate better options for the sand in the future. Temporary Sign Currently, the site has two or more different names. Apple Place and Bogarts Entertainment Center, but the site has also been known as Apple Place Bowl. The new owners are seeking to re -brand the site with a single name " Bogarts Entertainment Center" which encompasses all of the uses on the site. The request for the IUP for a temporary sign is for one year to allow the owners to build enough funds to replace the expansive 37 foot long "Apple Place" sign with a new Bogarts sign. Staff has evaluated the request and found that temporary signs are not permitted more than 30 days per year by code. An IUP for one year would allow the temporary sign to be placed, limit the time to a single year, and allow the owners to invest so they are able to get a better permanent sign on the building. The primary concern of this sign will be appearance, which staff is working with the applicant to ensure the temporary sign looks as attractive and fitting with the character of the building as possible. High grade temporary sign materials are proposed, and the applicant has stated that they wish to cover the existing sign with the temp sign in a manner that will attractively advertise the space. BUDGET IMPACT: N/A ATTACHMENTS: Area Map Site Plan Applicant Letter Exhibit TAY • - .21 _ 147TH-S-rV Li= J g 11111L MM. a aft . .a• a.ada. --GIA-21t1TAVE I _ _ J r air] lir r _ 1 ,,, To,.. -i -,i, iii,ii,,-,4-7, _., qv kir ,-;:k ii Oder] I bi [ it 151:ITJH ST W — 15./1 t oaf 11 iii tit . iivi.weeill • .,...f, ,../41M2,-Wilalffill 111 Tr% /OP Ale. EMMA libiktr --L0111Ar -'d Orr'. 4 tk'etrit ocair,"1 1.,,poiDe to, --i 0.: OmItais&-ii trtillat.Latig 7 ,hoririw-wrii wriast-4 PL 41104 am Alhi 1 --- ruir7 _ell rlIIjilnlF- P-rillowErailm, um 11."alArlaitillm-.- Kg ki 1240.4 a le0P-N01111101E111 di 01 fril.mrab, ightlitan.ra, Cr - U BOGART'S ENTERTAINMENT CENTER 14917 GARRETT AVE. APPLE VALLEY, MN 55124 „0,5-17 Q Lu • s NTS BOGARTS ENTERTAINMENTCENTER CITY OF APPLE VALLEY LAND USE/DEVELOPMENT APPLICATION 7100 147T" STREET WEST APPLE VALLEY, MN 55124 BOGART'S ENTERTAINMENT CENTER PROJECT DESCRITION FOR EXPANSION OF CONDITIONAL USE PERMIT TO AN INTERIM USE PERMIT FOR VOLLEYBALL AREA AND ADDING TEMPORARY SIGNAGE ON THE BUILDING. IT WOULD BE OUR DESIRE TO CONTINUE TO USE A PORTION OF THE OUTSIDE VOLLEY BALL AREA, COVERED IN OUR CONDITIONAL USE PERMIT, IN THE FALL AND WINTER SEASON. WE ARE PROPOSING TO "DOUBLE UP" THE VOLLEYBALL AREA TO HALF OF THE SUMMER SPACE. WE WOULD MOVE THE SAND ON COURT A ON THE DIAGRAM AND MOVE IT ON TOP OF COURT B. THIS WOULD REDUCE THE AREA IN HALF TO APPROXIMATELY 80'X45'. IT IS OUR INTENTION TO EXPLORE SOME OUTSIDE ACTIVITIES TO GO ALONG WITH OUR WINTER SEASON OF BOWLING AND ENTERTAINMENT. WE ARE CONSIDERING WINTER SNOW VOLLEYBALL, SOME CHRISTMAS SEASONAL ACTIVITIES (WEATHER PERMITTING), AND A POSSIBLE ICE RINK. TH15 WILL ALSO ALLOW US TO KEEP OUR SAND FOR NEXT SEASON OF VOLLEYBALL AND ACTUALLY IMPLROVE THE SURFACE WITH AN EXISTING BASE AND NEW HIGHER QUALITY SAND LAYER ON TOP. WE WILL REMOVE ALL ELECTRICAL LIGHTING AS ANY ACTIVITY WILL BE DURING THE DAY. THE NEAREST STORM DRAIN IS ABOUT 300 FEET TO THE EAST OF THE VOLLEYBALL AREA ON THE FAR EAST SIDE OF OUR PROPERTY. IN ADDTION TO THIS, WE WOULD LIKE TO PLACE A SIGN ON OUR BUILDING INDICATING OUR REBRANDING. WE CURRENTLY HAVE A LIGHTED "APPLE PLACE" SIGN ON THE SOUTH SIDE OF THE BUILDING. AT THIS TIME, WE CANNOT FINANCIALLY AFFORD TO REPLACE THIS SIGN. WE ARE ASKING TO BE ABLE TO PLACE TEMPORARY SIGN WITH OUR BUSINESS NAME ONLY OVER THE EXISTING SIGN. THIS WILL BE PROFESSIONALY PRINTED WITH LETTERS APPROXIMATELY 3 FEET HIGH. THE SIGN WILL BE ABOUT 37 FEET LONG AND READ "BOGART'S ENTERTAINMENT CENTER", SINCERELY) ALAN LOTH OWNER 952-432-1515 c a) E c ▪ ro L a) c W N L C6 t10 0 C20 CU CU _> O wI O 0_ O tO E v) a) tan H c L_ . 471 cu 4-1 . X cu w U CU U C6 0_ CU Q Q Q Be Located ... .... •••• ..• l App Valil ley ITEM: 4.B. PLANNING COMMISSION MEETING DATE: September 19, 2018 SECTION: Public Hearings Description: Front Setback Text Amendment for Porches and Covered Entries - PC18-26-0 Staff Contact: Alex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department Applicant: Alex Sharpe Project Number: PC18-26-0 Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: Open the public hearing, receive comments and close the public hearing. Though it is the policy of the Planning Commission not to act on an item the same night as its public hearing, staff believes the proposal can move forward if there are no adverse comments received. Recommend amending City Ordinance to define "Front Porch" and allowing covered front porches and covered entry ways to encroach up to 8 feet into the front setback. SUMMARY: City staff is bringing forward a text amendment to City Code to allow front porches and covered front entryways to encroach up to 8 feet on residential properties. Increasingly staff has been questioned by residents about the ability to add covered front entryways to their homes. Due to the regular requests, staff analyzed and found that 6 front setback variances have been issued for porches and covered entryways over the last 15 years. Most of these have occurred in the last 5 years. Current City Code allows "Patios, decks, uncovered porches, steps and stoops that extend into the required setback area a distance of eight feet or less." This provision has been of the code varied from in all 6 variance requests. Additionally, staff research surrounding City's codes and found that many of them allowed encroachments into the front setback for porches and covered entries. Due to this staff is recommending altering the code to allow an 8' encroachment for porches and covered entryways. BACKGROUND: The Comprehensive Plan has encouraged residents to improve their homes, and uses examples such as porches. Each of the approved variances has cited the Comprehensive Plan as a supporting goal for the City. It is a best practice to alter the zoning code when variances are regularly issued for a specific section. In this case, with the past variances issued, and the Comprehensive Plan encouraging residents, staff felt it was time to amend the code. Staff began this process by researching the past variances and found that all of the 6 approved variances allowed for an encroachment of 8' or less, which also coincides with the current code for uncovered porches. Staff then researched neighboring communities and found that many communities allow for encroachments into the front setback for porches, with ranges from 5'-8'. Typically, communities which were closer to being fully built out allowed for the greatest encroachment as these homes were built in the 1980's -1990's rather than in the 2000's of some of the less established communities. Many of the homes that were issued variances in Apple Valley were from the original expansions in the late 1960's through the late 1990's. These homes were constructed at the required 30' front setback and by current code are not able to add a covered porch without a variance. Staff is currently working on final language for the text amendment, but is proposing the following definition, and amended text. The final text will be approved by the City attorney prior to review by the City Council. Definition: Front Porch - an exterior appendage to a building, forming a covered approach or vestibule to a front doorway. Amended Text: Patios, decks, uncovered porches which are not fully enclosed, steps and stoops that extend into the required setback area a distance of eight feet or less. BUDGET IMPACT: N/A ... .... •••• ..• l App Valil ley ITEM: 5.A. PLANNING COMMISSION MEETING DATE: September 19, 2018 SECTION: Land Use /Action Items Description: Apple Valley Self -Storage - PC18-23-FB Staff Contact: Alex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department Applicant: Don Hawkins Project Number: PC18-23-FB Applicant Date: 8/22/2018 60 Days: 10/21/2018 120 Days: 12/20/2018 ACTION REQUESTED: Recommend approval of a Site Plan and Building Permit Authorization for a 6 building, 52,100 sq. ft. cold self -storage facility subject to compliance with all City Codes and the following conditions: 1. The applicant shall follow all conditions included in the City Engineer's memo dated September 13, 2018 which is attached to this report. 2. A SAC determination from Metropolitan Council shall be obtained prior to issuance of a building permit and as part of the developer's agreement. 3. Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling space in accordance with Table 1-A on plans issued for permit. 4. Separate sign permits are required. 5. The City of Apple Valley has adopted the 2015 MSBC 1306, subpart 3 Special Fire Protection systems. This section would require the buildings to have an automatic sprinkler system installed based on occupancy type and square footage. 6. The 2015 MSFC 505.1 requires premises identification. A final address shall be assigned prior to the application for a building permit. 7. The access aisle shall be marked with a sign "no parking" at the head end of the access aisle see MSAC 502.4.4. 8. Park Dedication in the amount of $6,992.13 shall be paid prior to the release of the final plat. 9. The Site Plan and Building Permit Authorization is subject to the approval of the Reliable Mini Warehouses of Apple Valley final plat. 10. Construction shall occur in conformance with the architectural plans dated 9-13-18, subject to minor revisions. 11. Installation landscaping shall occur in conformance with the landscape plan dated 9-13- 18, on file with the City, subject to minor revisions and subject to conformance with landscaping requirements. 12. A tree removal plan shall be submitted prior to issuance of the building permit. Trees required as part of the Lifeworks site development shall be required to be replaced in a 1:1 ratio. 13. The owner shall submit a detailed nursery bid list at the time of application for the building permit that confirms the value of the landscape plantings. 14. A Lighting plan shall be submitted at the time of the Building Permit subject to review and approval by the Planner. 15. Final fire hydrant location shall be determined by the Apple Valley Fire Marshall at the time of building permit. SUM MARY: On September 5, 2018 the Planning Commission reviewed a Site Plan and Building Permit Authorization for Apple Valley Self -Storage. Staff had minor comments which have been addressed by the applicant in the attached site plans. Draft conditions are included in the report for the Planning Commission to review. The biggest alteration to the site plan is the removal of storage unit doors on the east side of the building, which is adjacent to the residential. This was done to meet the 60' required building setback from residential properties. Additional changes are detailed in the background. BACKGROUND: Don Hawkins, on behalf of Apple Valley Storage, is seeking approval of a site plan and building permit authorization to develop a cold self -storage facility on the vacant parcel located at the northeast corner of Upper 147th Street and Evendale Way. The site is generally located north of Uponor, east of Lifeworks, and south east of Wasatch Storage. Site Plan: The site plan has been altered to include the new cul-de-sac, which did not impact the site design. A significant change from the prior plan is the removal of east facing doors, which would have faced the residential property. This was done due to a setback issue restricting the eastern building. The industrial zone requires a 60' setback from providentially zoned property, the prior site plan had approximately 52' feet. Removing the units on the east allows the applicant to remove a drive isle, and provides ample space for screening vegetation. Elevations/Facade The applicant has worked collaboratively with staff to improve the facade's connection to the residential properties, and mitigate any negative impacts the use may have had. This has been achieved by adding altering the door color from white to tan, making them less obtrusive. Additionally, 12" - 24" eves have been added to the structure, which will enhance the residential connection. Finally, as previously mentioned, the doors facing the residential neighborhood have been removed, which should reduce any impacts to the neighboring residential property significantly. Lands c ap ing/ S cre ening: The landscape plan has been altered to relocate some of the trees from the north and east side of the site to screen the site from 147th, which was a request of the Natural Resource Specialist. This allows the trees to have the proper growing space. Engineering/Fire: All comments have been addressed from the City Engineer's memo. Final changes will occur at the time of building permit. The Fire Marshall has placed the condition that the fire hydrant location shall be determined at the time of building permit. Park Dedication: Park dedication for this property was deferred to the final plat as part of the Apple Valley Wasatch platting. As land is not available for dedication, cash in lieu is calculated at $6,992.13. Final Plat The property will need to be final platted prior to the issuance of the building permit. The Planning Commission does not review final plats, but has been provided information to better understand the process of this application. BUDGET IMPACT: N/A ATTACHMENTS: Area Map Zoning Map Site Plan Utilities Plan Elevations Landscaping Plan Memo d EXLEY LN 144TH ST W EXCELSIOR LN w H w ce w > w EVELETH UPPER 147TH ST W I-1 I-1 ENERGY WAY BP 39NVa NODI- UOIa3d11s a.I2oo!UE - 6SZ6Lf£'LS9 S1H9193 SI VNCVA'HID 19901191 0b95 V'd sdaauIOu3 Sui;Insuo3 IWV\Y# 0290 rn.LL 00.00121.1.10 NV, 21121,12110110D NV129113 93L55 Y1092101121 93911V231d219 999999 393I13/30S903 120-SNV121-rdu ans S35n0H38VM INIA 319VI138 N LLU � � e� 22-1 3 2;�3doa �o2- 9-99,93 9- 99992 —ae 7 002 i 0 0£ i 222, r 9— 99-oo>-I i 000 00 0000 U 0 0 >>- .97 92 o 22 PARKING DATA 99099 0 39NV21 N0211 - 301 a33ns aw Au ai,we - 65Z6'LEE7IS9 S11-191311 4100004'314 490141410094 •V'd s3 as u!Su3 OuillnsuoD Iww# Nvld A11111n A9 A3d 931.55 V10S3441N'01VA31dd4 AVM 3 90113,3 05991 �dO - Sol 1d 1V1}I A9ns S3S110H38VM INP,' 319VI138 CD U (5)5�g�6wN� M LI _LS H_LL 1 G LHddH .31�{ �1 } Aa ////////////////////////////// (5300 0s) 05 oaa a a soa , 7 R U o j7-7 54e \ 777- / / 5"0� Sd_� / / s4e sae. sdN _ / X54 Seo ,N� 4°�55/e --- A, / _A 42 _ 543 549 �.77- 77_77_07,40-7 /Stl3j SV9 / / / /49 'M ,do X 54// 75- _____,4--- 77- -07, / / NO © ©© NOD 11V1NJOoIJHIIHD2MG21 bZ I SS NW `,1,311VA 35,ddV w OHS SZS SIL uNnOD V1o;IVa 9 CNV I S9NlMin9 N 50669 '211 nV3 9 nJ I S9NIa1ln9 SNOI1VA313 aNV SNV1 OOId I51O HANG QOONENO,IS IOZ9 IJ3ITHJN\ NOSNHON'CI INH@ON zcs� ,�oswNon.=aoa JH?JO1S 1311VA TI -I-IV ° Q m Olf • 1 -I —II II II II p 3 BUILDI NC, I z 9 0 m w� O O NOD 11V1NJOoIJ3IIHJaV[a41 OHS SZa SIL EOLve NGSNOJSIM'3aw1OZ HANG aOOMHNOIS IOZS IJ3ITHJN\ NOSNHOf'U INH9ON zcs� , ,�oswNon.=aoa bZ I SS NW `,1,311Vig 3lddV uNnOD VlO>IVa 9 nNJ I ; NIaLln9 JV?JO1S 131�VA �LddV S n�ul z S9N1a1in9 SNOIIVA;13 aNv' sNVld Id ?OO w m gg gg m or) Q -I BUILDING 2 0 z II MIIII II 55 55 II IIKI II 0 BUILDING 3, 4 ff 5 Es— MUM ==, ==, ==, ==, ==, ==, mom mom mmim CC 545454 545454 zm' 39W. NO - 110193c1119 9,99.9,999!999!9,9 - 65Z6'LEE'IS9 51H9I3H SIVIVCVA 39VVIIVI 0179E •v'd sJaau!Eu3 SumnsuoD F ,21 NOIld121.30 NIV1d3c1V3SCINV1 n3d 177,15-i V_Di1NNIN ,111YA TIddV SNV1d1VIIIV.ISI1S 30V2101SATI1VA3-IddV CITY OF Apple Valley MEMO Public Works TO: Alex Sharpe, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: September 13, 2018 SUBJECT: Apple Valley Self Storage General 1. Provide a narrative and site plan showing how the buildings will be constructed and any impacts prior to building permit authorization. The narrative and plan shall include the following: a. Material Storage and Staging i. All material storage to be onsite and indicated on plan. b. Haul routes to and from the site. c. Contractor and Subcontractor Parking locations i. Onsite trade parking should be provided. Permits 1. A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. 2. A ROW Permit will be required for work in the Right of Way. Site 1. All Previous Comments have been addressed Grading Drainage and Erosion Control 1. Identify EOF on the grading plan C3.0 at the low points. FFE shall be 1.0' above EOF. Water Main and Storm Sewer 2. 1 1/2 " Domestic water and 6" fire service shall be split outside the fence placed in a location readily accessible per City of Apple Valley standard detail plate SER -6. Additional valves as indicated shall be shown on plans C4.0. 3. Bollards should be provided in front of proposed hydrant in accordance with City of Apple Valley standard detail plate STR-43. ... .... •••• ..• l App Valil ley ITEM: 6.A. PLANNING COMMISSION MEETING DATE: September 19, 2018 SECTION: Other Business Description: Miller Farms of Lakeville, LLC Appeal to Apple Valley Board of Adjustment - PC18-22-M Staff Contact: Thomas Lovelace, City Planner Department / Division: Community Development Department Applicant: Miller Farms of Lakeville, LLC Project Number: PC18-22-M Applicant Date: 8/22/2018 60 Days: 10/20/2018 120 Days: 12/19/2018 ACTION REQUESTED: 1. Continue the Hearing for further deliberation and defer action/decision, but not later than November 7, 2018, Planning Commission meeting; 2. Direct Recommended Findings & Decision to Deny the Appeal and Affirm the Zoning Administrator's Determination; or 3. Direct Recommended Findings & Decision to Approve the Appeal and Overturn the Zoning Administrator's Determination. SUMMARY: The Planning Commission, acting as the Apple Valley Board of Appeals & Adjustments, is required to hear an appeal of a zoning use determination made by the City's Zoning Administrator (Bruce Nordquist) in connection with the review of a water and sewer permit application to connect to city municipal water & sewer services. Summary of Facts: • The subject property is 5751 -150th Street West in Apple Valley ("Property") • The Property is presently owned by Miller Farms of Lakeville, LLC. The Chief Manager of Miller Farms of Lakeville, LLC is Joseph ("Joe") Miller. • In Spring 2015, the Property was rezoned from Agricultural (A) to Business Park (BP). • At the time that the Property was rezoned, it was owned by Community Cares, Inc. for which Joseph ("Joe") Miller was the owner and President. • In May 2018, Miller Farms submitted an application to the City's Building Inspections Department for a water & sewer permit for the construction and installation of water and sanitary sewer service lines to connect to the city's municipal services. Previously, the Property was served by private well and septic. • The City's Chief Building Official reviewed the permit application plans. As part of building permit application reviews, the city's zoning and engineering departments reviewed the application and plan for any related issues. • The City's Chief Building Official issued a Plan Review Report, dated June 6, 2018, in which he outlined numerous deficiencies in the application and plan and requested correction and action to bring the application in compliance for issuance. • In the Chief Building Official's Plan Review Report, dated June 6, 2018, he identified the City Zoning Administrator's review determination that the Property is zoned Business Park and the plans depict the new proposed water & sewer services lines to be connected to an "Existing Residential Building." The Report noted the Zoning Administrator determined a residential use is not a permitted use on the Property under its Business Park zoning designation and accordingly, the permit plan should identify the proper intended use of the building. • On August 20, 2018, Miller Farms of Lakeville, LLC, through its Chief Manager Joseph M. Miller, filed an application to the Apple Valley Board of Appeals and Adjustment to appeal the determination of the Zoning Administrator. Miller Farms asserts that it has a right to use the Property under the Agricultural zoning, which allows single family residential, as a "legal non -conforming use" despite the rezoning to Business Park. The appeal filed by Miller Farms of Lakeville, LLC is now before the Board of Appeals and Adjustment for a hearing. The outline of the procedures for the Board hearing and action(s) is attached. Upon close of appeal hearing, Board action options are: 1. To Continue the Hearing for further deliberation and defer action/decision, but not later than November 7, 2018, Planning Commission meeting; 2. To Direct Recommended Findings & Decision to Deny the Appeal and Affirm the Zoning Administrator's Determination; or 3. To Direct Recommended Findings & Decision to Approve the Appeal and Overturn the Zoning Administrator's Determination. BACKGROUND: Please refer to the attachments for background information. BUDGET IMPACT: N/A ATTACHMENTS: Background Material Application Letter Code Excerpts Memo Memo Memo Memo Memo Background Material Background Material Background Material APPLE VALLEY PLANNING COMMISSION ACTING AS BOARD OF ADJUSTMENTS & APPEALS HEARING PROCEDURE & PROCESS Chair convenes Board of Adjustments and Appeals Meeting A. Chair opens Appeals Hearing (for appeal of zoning administrator's determination submitted by Miller Farms of Lakeville, LLC (hereinafter "Miller Farms") ➢ Chair acknowledges the contents of the record to date: o Miller Farms' August 20, 2018, application of appeal; o City Staff's records of action subject of the appeal (Miller Farms' water/sewer permit application with plans; City Building Official's Plan Review Report); o Copy of relevant Apple Valley City Code provisions; o City Staff's written response to appeal with supporting records and documents. ➢ Miller Farms is the Appellant and is the first to present its argument(s) to the Board. Miller Farms may present its appeal arguments on its own behalf or by an agent/attorney. ➢ Miller Farms may add material to the record that bears on the issue of the zoning determination. ➢ City staff may respond to Miller Farms's appeal hearing presentation. ➢ City staff may add material to the record that bears on the issue of the zoning determination. ➢ Any other interested party may be heard on the matter. ➢ Miller Farms has the last argument to rebut any new facts or arguments presented by the City staff or other interested parties. ➢ Chair acknowledges close of hearing record. Page 1 of 3 ➢ Discussion may occur among Board/Planning Commission members. A Action Options: The Board must submit its written recommended Findings & Order to City Council no later than 90 days from date of appeal application filed with City, November 16, 2018 (90th day is Sunday, November 18, 2018). o A Motion to Continue the Hearing for further deliberation and deferred action, but not later than November 7, 2018. This action alternative with deadline of November 7, 2018, takes into account the statutory 60 days clock and the Commission's and Council's meeting calendar in November. This action alternative requires a simple majority vote of the Council members present. Or, in the alternative o A Motion can be made to Direct Recommended Findings & Decision to Deny the Appeal and Affirm Zoning Determination that residential use on property is not permitted under current zoning BP and residential use is not a legal nonconforming use. This action requires the member making the motion to explicitly state all Findings that support the recommended Decision Or, in the alternative o A Motion can be made to Direct Recommended Findings & Decision to Approve the Appeal and Overturn Zoning Determination that residential use on property is not permitted under current zoning BP and finding that residential use is a legal nonconforming use. This action alternative requires a two -third (2/3) vote of the full Council, (i.e. four Council members). Commission members must state the basis (factual findings) for their votes. B. Chair closes appeal hearing. Page 2 of 3 II. Board's recommended decision must be a written Findings and Order. A The Findings & Order must be issued & submitted to City Council within 90 days of the appeal request: November 16, 2018. The Findings & Order must be served upon Appellant by U.S. Mail. Note to Planning Commission Meeting Administrative Clerk: The hearing proceeding record shall include the minutes of its meeting/hearing, the Board's findings and the action to be taken on the appeal matter. III. Board's recommended Findings and Order are forwarded to City Council. The City Council may take action on the findings and recommendations of the Board as it deems proper under the circumstances. All final actions shall be by a majority vote of a quorum of the City Council. The City Code does not provide any deadline for Council's action on the Board's recommended Findings and Order. However, this application to the Board of Appeals and Adjustment may subject to Minn.Stat.§15.99 under which the 60 - day clock runs for Council's final action. The 60 -days clock expires on Friday, Oct 19, 2018. The City may extend the deadline up to an additional 60 days, expiring on Tuesday, December 18, 2018. Due to Council's agenda items for meetings in December 2018, staff needs to have this item on Council agenda no later than its November 29, 2018 meeting. Page 3 of 3 Larkin oATTLIKRYVV est. 1858 August 20, 2018 Mr. Thomas J. Lovelace City Planner City of Apple Valley 7100 147t Street W. Apple Valley, MN 55124-9016 Larkin Hoffman 8300 Norman Center Drive Suite 1000 Minneapolis, Minnesota 55437-1060 C( EFAI FAX wEE• 952-835-3800 952-896-3333 www.latkinhoffman,com Re: Miller Farms of Lakeville, LLC — 5751 150th Street West Appeal to Apple Valley Board of Appeals and Adjustment Dear Mr. Lovelace: In response to your letter dated August 13, 2018, please find enclosed the executed Board of Appeals and Adjustment Application form along with the required narrative material requested. Please do not hesitate to contact me should you have any questions or which to discuss the enclosed. Thank you. Sincerely, Jacob W. Steen, fo Larkin Hoffman Direct Dial: 952-896-3239 Direct Fax: 952-842-1738 Email: jsteen@larkinhoffman.com Enclosures cc: Sharon Hills, City Attorney Tamara O'Neill Moreland, Larkin Hoffman 4834-7071-2176, v. 1 RECEIVED AUG 22 2018 PO 0 V0Ifet 000 City of Apple 7100 147th Street W. ey Apple Valley, MN 55124-9016 Telephone (952) 953-2500 Fax (952) 963-2515 www.cityofappl evalley, org BOARD OF APPEALS AND ADJUSTMENT APPLICATION FORM PROPERTY INFORMATION Property Address; 5751 150th Street West Legal Description: Section 26 Twn 115 Range 20 Pt of E 1/2 of SE 1/4 Com 264 Ft E of SW Cor N 165 Ft W 48 Ft N 285 FtE 360 Ft S 45( t o . ine,ec o eg:u o 's over 1 . .1 +cs •u o e oni... Zoning District: P Bus' ss Park District APPLICANT INFORMATION Applicant's Name: Miller Farms of Lakeville, LLC Address: do Jacob W. Steen, Larkin Hoffman, 8300 Norman CenterDri.ve, Suite 1000, Mpls, MN 55437 Street City State Telephone Number: 952-896-3239 FAX Number: 952-842-1738 Zip Code Email: jsteen@larkinhoffman.com Property Owner: Miller Farms of Lakeville, LLC, Joseph Miller, Manager Address: 22260 Dodd Boulevard Lakeville MN 55044 Street City State Zip Code Telephone Number: 612-790-6395 Applicant's Signature: FAX Number: Email: countryjoperniller@gmalLcom Kit Property Owner's Signature: Date: 1-17—/, Date; P 2 PURPOSE OF ZONING APPEAL AND ADJUSTMENT REQUEST A narrative stating the following shall be provided with the Board of Appeals and Adjustment Application: 1. What error(s) is alleged to have been made in any order, requirement, decision or determination by the Zoning Administrator under Chapter 155 of the City Code or to any determination by the Zoning Administrator as to the location of the boundary of a zoning district as shown on the zoning map? See Attached 2. Identify in detail each alleged en -or; the specific order, requirement, decision .or determination by the Zoning Administrator in which the error was made; and the factual or legal basis to support each claimed error. See Attached RECEIVED AUG 2 2 2018 Larkin Ho _ pan. est. 1958 July 11, 2018 Bruce Nordquist Community Development Director City of Apple Valley 7100 14th Street West Apple Valley, MN 55124 Larkin Hoffman 8300 Norman Center Drive Suite 1000 Minneapolis, Minnesota 55437-1060 .BkE,. ,.- 952-835-3800 FAX,- 952-896-3333 yr www.larkinhoffman.com Re: Miller Farms of Lakeville, LLC: 5751 150th Street West Appeal to Apple Valley Board of Appeals and Adjustments Our File #40,236-00 Dear Mr. Nordquist: We represent Miller Farms of Lakeville, LLC ("Miller Farms") regarding the former Melby homestead located at 5751 150th Street West (the "Property") in the City of Apple Valley (the "City"). This letter is in response to a letter our client received from Mr. George Dom, dated June 6, 2018 (the "Denial Letter"), in which the City denied Miller Farms' application for sewer and water service for the single-family dwelling (the "Residence") located on the Property on the basis that a residential structure is not a permitted use in the BP -Business Park District. As you know, our position has consistently been that the Residence is a legal nonconforming use. This letter shall serve as Miller Farms' formal appeal to the Apple Valley Board of Appeals and Adjustments. It outlines the historic use of the Property and Miller Farms' right under the Apple Valley City Code (the "City Code") and Minnesota law to continue to use the Property as a residence. Finally, this letter outlines and asserts Miller Farms' appeal rights under the City Code and state law. Background 1. Historic Use The Property consists of: 1) the Residence; 2) several outbuildings and a large gravel parking area used for outdoor vehicle storage of trailers, recreational vehicles, and tractor trailers; and 3) various agricultural uses. The Property has been used by Community Cares, a non-profit associated with Miller Farms, since December 18, 2014, when the organization purchased the Property. In May 2016, Miller Farms purchased the Property from Community Cares. The Residence on the Property has been occupied intermittently over the past several years, but the Property has not had a water source since the well was capped in the summer of 2014..The well was capped with the intent of selling the Property to a local church. When the sale to the church did not occur, Miller Farms and Community Cares made repeated efforts to reestablish the well. The City has denied all such requests. RECEIVED AUG 2 2 2018 Bruce Nordquist July 11, 2018 Page 2 2. Rezoning On June 19, 2015, the City rezoned the Property from Agricultural (A) District to Business Park (BP) District, purportedly to make the zoning of the Property consistent with the 2030 Comp Plan land use designation of "Industrial." There are several pre-existing land uses that occurred on the Property prior to and after it was rezoned, including, but not limited to, use of the Residence. These uses were established on the Property for several decades, consistent with its use as an agricultural property in the A District. Several of the uses, including the use of the Residence, were explicitly permitted in the A District, but prohibited in the BP District. Due to the continued use of the Property for these uses and the absence of an overt act to forfeit nonconforming rights to the Residence, Miller Farms is legally allowed to continue a number of legal nonconforming uses on the Property; including, but not limited to, use of the Residence as a single-family dwelling. Discussion 1. Legal Standard: Nonconforming Uses and Structures Under the City Code, "Any structure or use lawfully existing upon the effective date of this chapter or an amendment thereto, may be continued at the size and in a manner of operation existing upon the effective date of the city zoning regulation, except as hereinafter provided." When any nonconforming use of any structure or land in any district has been changed to a conforming use or is discontinued for a period of more than twelve months, any future use of the building or structure or land must comply with the City Code. City Code § 155.330. Minnesota law similarly provides that "any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless ... the nonconformity or occupancy is discontinued for a period of more than one year." Minn. Stat. § 462.357, subd. 1 e. 2. Lawful Establishment of Nonconforming Use Prior to the rezoning, the Property was zoned A District. In the A District, single family dwellings are a permitted use. City Code § 155.020. There is no factual dispute that the Residence on the Property was lawfully established as a single-family dwelling prior to the City's adoption of the A District. The Residence remained a permitted use and lawfully established use until June 19, 2015, at which time the City rezoned the Property to BP District. Pursuant to City Code and Minnesota law, the Residence then became a legal nonconforming use. 3. No Abandonment or Discontinuance of the Nonconforming Use Under Minnesota law, abandonment or discontinuance of a nonconforming use requires two factors: "(1) the intent to abandon; and (2) an overt act or failure to act indicating the owner no longer claims a right to the nonconforming use." Haefele v. City of Eden Prairie, 1999 WL RECEIVED AUG 2 2 2018 Bruce Nordquist July 11, 2018 Page 3 507693, at *3 (Minn. Ct. App. July 20, 1999). Neither of these factors is present with the nonconforming use at issue in this case. a. Miller Farms never intended to abandon the nonconforming use. Under Haefele, there must be intent to abandon nonconforming rights. Neither Community Cares nor Miller Farms had any such intent to abandon the Residence as a single-family dwelling. Pursuant to staff reports and other references, the City appears to have taken the position that because the Residence was not occupied prior to the rezoning it has no legal nonconforming rights. However, the mere vacancy of a nonconforming use is not sufficient to constitute a loss of nonconforming rights. The well was capped in the summer of 2014 to prepare the Property for a sale. At that time, the Residence was a permitted use in the A District. When that sale failed, Community Cares purchased the Property with the intent to reestablish the Residence as a single-family dwelling, a permitted use at the time. Miller Farms and Community Cares repeatedly sought to reconnect the well for the Property prior to the rezoning. Several efforts to connect the Residence to the existing well were made in May of 2015, prior to the rezoning in June 2015. Subsequently, efforts were made to obtain a City water connection. After more than two years of negotiations with the City, on August 30, 2017, Miller Farms acquired Outlot C from the City's Economic Development Authority with the express purpose of allowing the Property access to City water. Since that time, Miller Farms has been working with the City through its engineering staff to obtain a water connection for the Residence. These efforts culminated in the Denial Letter. Neither Miller Farms nor Community Cares had or exhibited any intent to abandon the nonconforming use of the Property. To the contrary, both organizations made concerted efforts to maintain water service and continue regular use of the Residence. As such, under Minnesota law the legal nonconforming use of the Property was not abandoned. b. There was no overt act or failure to act indicating that Miller Farms no longer claims nonconforming use rights. Haefele also requires an overt act or failure to act indicating the owner no longer claims a right to the nonconforming use. No such act or failure to act has occurred. The mere vacancy of the Residence does not constitute a failure to act, as the Property was actively marketed for more than 800 days by the previous owner as containing a single-family dwelling. This active marketing and use of the Property is a clear indication that the owner intended to retain the Property's nonconforming rights. Similarly, the removal of the Property's well does not constitute an overt act or a failure to act that would indicate the owner no longer claims a right to the use. The well was capped when the use itself was a permitted use in the district, not a nonconforming use, and Community Cares sought to reconnect the well before the Property was rezoned. Community Cares and Miller Farms continued to seek water for the Residence after the rezoning until August 30, 2017, when Miller Farms acquired such access through Outlot C. Accordingly, there has been no overt act or failure to act indicating that Miller Farms cedes any rights to the nonconforming uses. As such, under Minnesota law the legal nonconforming use of the Property was not abandoned. RECEIVED AUG 2 2 2018 Bruce Nordquist July 11, 2018 Page 4 5. Right to Appeal In Mr. Dorn's June 6, 2018 letter denying Miller Farms' application for a sewer water permit he states that a residential structure was not a permitted use in the BP District and that "a permit can/will be issued only for water and sewer services to a building which the uses therein are allowed under the city zoning regulations." The City Code provides applicants the right to appeal any alleged "error in any order, requirement, decision or determination by the Zoning Administrator under this chapter." City Code § 155.396 (B)(3). This right is also guaranteed by state law, which provides a right to appeal "where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance." Minn. Stat. § 462.357, subd. 6(1). Miller Farms' sewer and water permit application was denied based on an erroneous application of the City's zoning ordinance and Minnesota law by depriving Miller Farms' of its legal nonconforming use rights and therefore are subject to appeal to the City's Board of Appeals and Adjustments. Conclusion As discussed above, the Property has historically been, and continues to be, used for residential purposes. Notwithstanding the period of non -occupancy of the Residence and the lack of water to the Property, at no point has the property owner had an intent to abandon the Residence or the other legal nonconforming uses, nor has there been an overt act or failure to act that would indicate the owner no longer claims a right to the nonconforming uses. Therefore, Miller Farms respectfully appeals the City's decision to deny its application for a sewer water permit. Please contact me with any questions about this letter or the information contained herein. Sincerely, Jacob W. Steen,',/for Larkin IIoffmaii Direct Dial: 952-896-3239 Direct Fax: 952-842-1738 Email: jsteen@larkinhoffman.com cc: Sharon Hills, City Attorney Tamara O'Neill -Moreland, Larkin Hoffman 4813-9109-5148, v. 2 RECEIVED AUG 2 2 2IIi8 coy ce@o @ecce. cc-.. City of Apple Valley Building Inspections June 6, 2018 Joe Miller 5751 150th Street Apple Valley, MN 55124 COMMERCIAL BUILDING SEWER/WATER PLAN REVIEW REPORT BUILDING INSPECTION DEPARTMENT RE: 5751 150th Street -Sewer Nater Permit The project documents have been reviewed for substantial compliance with the Minnesota Building Code. The architect, engineer or owner's agent shall respond by letter and/or revised drawings to show changes required as a result of these plan review comments. This plan review shall not be considered a complete review of all code requirements. Failure to identify all code deficiencies contained in the plans shall not be considered an approval of such deficiencies. Site inspections may require further changes to the project to achieve code compliance. No permits will be issued until satisfactory responses and all requested information has been received in response to this report. Please feel free to call me directly at 952-953-2581 or contact me by email at gdornr cityofapplevalley.org. Thank You, CITY OF APPLE VALLEY George Dorn Building Official gdorn@cityofapplevalley.org 952-953-2581 Page 1 of 3 5751 150`h Street Sewer Water Pen -nit City of Apple Valley Building Inspections June 6,2018 1. COMMENTS SPECIFIC TO YOUR PLAN 1.1 A permit application has been submitted, along with plans, to install sewer and water services to the subject property. A copy of the plan for the installation shows the service lines to be connected in and services provided to a building labeled as a `'residential structure." This property is zoned as BP - Business Park (since June 19, 2015) and guided in the 2030 Comprehensive Plan Update as Industrial. A residential structure is not a permitted use. A permit can/will be issued only for water and sewer services to a building which the uses therein are allowed under the city zoning regulations. Please contact Bruce Nordquist, Apple Valley Community Development Director, for questions you may have on the zoning issue. Phone number is 952-953-2576. Email address is BNordquist@ci.apple-valley.org 1.2 The City of Apple Valley has adopted MN Rules/ 306. Automatic sprinkler systems for new buildings, additions to existing buildings, or buildings in which the occupancy classification has changed must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D. Provide the occupancy classification and/or use of the building under consideration for water and sewer. The use must be in accordance with our zoning regulations. 1.3 Water service lines require a 200 psi hydrostatic and electrical conductivity test. The main water line shall be flushed and a Bacteria Test taken 24 hours after flushing but prior to turning on the water service. A 5 Ib. air test is required on storm and sanitary sewer lines. Please call 952-953-2588 to schedule these inspections. 1.4 A separate permit will be required for the connection of the meter and water to any existing plumbing system. The interior plumbing permit application will require in the description the intended use of the building prior to being allowed to be connected. An air test will be required on the existing system to ensure the old system will support the new city water pressure to the property interior piping system. Prior to turning on the water to the property a final plumbing inspection must be approved. The meter must be sealed and the water reader installed. Again, no permit will issue or connection to city water be made to a building in which its intended uses are not permitted by the city zoning regulations. If you have any questions with regards to the water utilities, please contact the Public Works Department at (952-953-2400). Page 2 of 3 5751 150th Street Sewer Water Permit City of Apple Building Inspections June 6, 2018 1.5 Submit plans to the Metropolitan Council Environmental Services Division for sewer availability charge (SAC) determination (651-602-1770). Only submit the plans and application to Metropolitan Council once page C-1 reflects the type of commercial business intended to occupy the building which the plans show the services to be stubbed/connected. Met Council will want to know what use of the building the water and sewer will be hooked up to. Once you have the determination upload this document to the file, 1.6 The existing septic system must be abandoned prior to the new service being installed. Fill out the SSTS Permit Application and call for an inspection for the abandonment so that the city can document its records. 1.7 There are two abandoned wells on the property; only one is shown on the plans. The abandoned well not depicted is located on the east side of the existing building (labeled on your plans as "residential building") very near to the new water and sewer line being installed. This will be required to be shown on page C-1. 1.8 Your permit application states that you are making a "repair" to an existing system. You need to change that to "new system." Our permit technicians can help you with that. Call 952-953-2588. 1.9 This permit for sewer and water will allow the applicant to only bring the water and sewer under the building's footing and it is to be capped off inside the building until such other interior plumbing permit is obtained and the water lines in the existing will support the new pressures. An inspection will be required for this verification. A pressure reducing valve may be required. . Please contact my office when the project gets to that point so that I can work with our city engineer to make the determination of whether the pressure reducing valve is required. 1.10 You may receive other reviews from our Engineering and Utilities departments besides my review. 1.11 Please respond to each item in the plan review and provide necessary documentation as required. Page 3 of 3 5751 150`h Street Sewer Water Permit 9/12/2018 American Legal Publishing - Online Library AGRICULTURAL DISTRICT § 155.020 PERMITTED USES. Within any agricultural district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (A) All types of agricultural pursuits including the keeping, raising or production of livestock and accessory farm residences; (B) Commercial greenhouses and nurseries; (C) Stands for the sale of agricultural products provided the products are at least in part raised on the premises; (D) One -family detached dwelling meeting the standards of the Uniform Building Code, placed on permanent foundation and having no horizontal axis less than 18 feet in length; and (E) Public parks and playgrounds. (`81 Code, § A1-28) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89) § 155.021 CONDITIONAL USES. Within any agricultural district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by a conditional use permit for: (A) Any conditional use in the R, single-family districts, as listed in § 155.052 and regulated therein; and (B) Riding stables, boarding stables, ski hills and similar uses. ('81 Code, § A1-28) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89) i § 155.022 ACCESSORY USES. Within any agricultural district, any accessory use permitted in the R, single-family districts, as listed in § 155.053, shall be permitted. (`81 Code, § A1-28) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89) http:Nlibrary.amlegal.comfnxt/gateway.d 1I/Min nesotala ppleval l eylcityofapplevalleyminnesotacodeofordinanc?f=templates$fn=dela ult. htm$3. o$vid=am le... 1/1 9/12/2018 American Legal Publishing - Online Library BUSINESS PARK DISTRICT p) § 155.230 PURPOSE. Business park districts are designed for uses and businesses which provide and may combine office, corporate headquarters, research, light assembly, commercial recreation and storage within a building shell. The district requires a specific architectural concept plan, consistent with commercial buildings, as per § 155.346(D)(1), and a minimum of 40 acres. Without mitigation of impacts through requirements in this subchapter, these uses may be incompatible with residential development. Therefore, businesses in this zoning classification are concentrated, isolated and buffered as much as possible from any adjoining residential areas. (`81 Code, § A1-42.5) (Ord. 535, passed 2-27-92; Am. Ord. 637, passed 11-25-97) L) § 155.231 PERMITTED USES. Within any BP district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (A) Corporate offices or headquarters with associated marketing and research buildings in a campus setting; (B) Laboratories, research facilities and support offices as the principal use. Medical, professional and real estate offices and office uses which are less than 20,000 square feet in area shall only be permitted as a tenant in a building of at least 20,000 square feet or more in floor area; (C) Offices with attached manufacturing or warehouse combinations wherein manufacturing or warehouse space shall not exceed 90% of the floor area per occupant. Office space shall be placed in a location nearest to the customer entrance; (D) Warehouse sales or showrooms for furniture, carpets, rugs and similar goods that do not include retail food sales; (E) Storage facilities contained within a building and associated with the primary use or outdoor storage as a conditional use; (F) Animal hospitals or clinics with no exterior storage or animal runs; (G) Television, recording and radio studios and sound stages; microwave towers are subject to conditional use and tall broadcast towers are not permitted; (H) Trade schools and community colleges with no exterior storage or outside classrooms; and (I) Contractor's office, with indoor storage space not to exceed 90% of the floor area. (K) Pet spa or daycare, subject to the following: (1) Outdoor animal -relief areas, subject to a conditional use permit. (2) If located in a multi -tenant building, soundproofing shall be installed on all common walls between the daycare suite and adjacent suites within the building. (3) The overnight keeping of animals shall be allowed on a limited basis, and shall not exceed 35% of the number of animals kept during the day. (4) No outdoor facilities, including runs, kennels or outdoor storage, shall exist. http://li brary.a mlegal. coni/nxt/gateway.dll/M i n nesotatappleva I ley/cityofappleval leyminnesotacodeofordinanc?f=templates$fn=defau lt. htm$3.0$vid=anile... 1/4 9/12/2018 American Legal Publishing - Online Library (5) A cattery or kennel shall not be allowed as part of a pet spa or daycare facility. (`81 Code, § A1-42.5) (Ord. 535, passed 2-27-92; Am. Ord. 637, passed 11-25-97; Am. Ord. 821, passed 10-11- 07) § 155.232 CONDITIONAL USES. Within any BP business park district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: (A) Outdoor climate, weathering, environmental exposure research or testing facilities, which shall be screened from view, and not exceed noise and air quality standards of PCA. This is intended to be a passive research or testing area with tested items to be anchored for exposure to climatic conditions; (B) Restaurant or cafeteria facilities associated with an internal to office facilities intended to serve only the employees of the facility; (C) Light fabrication/manufacturing when contained entirely within the building; (D) Swim and fitness clubs, tennis clubs, skating, exercise and similar commercial recreation facilities when contained within a building. An inflatable structure as an accessory building, may be used when setback a minimum of 250 feet from adjoining residential structures; (E) All building exterior finishes constructed other than to the standards set forth in § 1 55.346(D)(1), downtown commercial buildings, regarding exposed vertical exterior finish materials. Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood, plain or painted plain concrete block or similar materials be used; (F) BP zoning districts established with less than 40 acres; (G) Outdoor storage of materials, provided they are screened from view in a manner satisfactory to the City Council with a masonry fence matching the building materials of the primary building and that they storage area is located along an interior lot line, not abutting any public street; (H) Microwave towers only when associated with a studio broadcast facility, with a maximum height equal to the distance the tower is setback from the closest property line; and (1) Church or daycare uses, only when located in a multi -tenant building and when said uses occupy less than 50% in aggregate of the total floor space of the building. (J) Towers as regulated in § 155.385. (K) Outdoor overnight parking of vehicles; provided they are properly screened from view in a manner satisfactory to the City Council, and that no outdoor overnight parking of vehicles shall be allowed in parking areas located adjacent to residential areas. (L) Outdoor relief areas in conjunction with a pet spa or daycare operation, subject to the following requirements: (1) The outdoor relief area shall be properly screened in a manner approved by the city. (2) The exterior of the premises outside of the screened area shall be maintained in a clean and sanitary manner. (3) The outdoor relief area shall be for the use of dogs only. (4) No dogs shall remain unattended in the outdoor relief area. http:Nlibrary.amlegai.com/nxt/gateway.d11/Minnesota/applevalleylcityafapplevalleyminnesotacodeofordinanc7f=templates$fn=defau lt.htm$3.0$vid=amle ... 2/4 9/12/2018 American Legal Publishing - Online Library (5) The outdoor relief area shall not be used as an outdoor kennel, animal run, animal outdoor play area, materials storage, or any other use not specifically identified in the conditional use permit. (6) The outdoor relief area shall be maintained in a clean and sanitary condition at all times. (7) Solid waste material shall be removed a minimum of once per day, and disposed of in a sanitary manner. (8) A filtration bed shall be constructed to ensure that liquid waste will not enter into the ground or the city's storm water system. (9) Final plans for any outdoor relief area shall be reviewed and approved by city staff prior to any construction. (10) Pea gravel and lime shall be removed on an annual basis, and the city shall inspect the removal and replacement of the materials. (1 1) The outdoor relief area shall be maintained in clean and sanitary condition at all times. All solid waste must be removed a minimum of once per day, and disposed of in a sanitary sewer; and liquid waste shall be flushed with water and sanitized with an environmentally sensitive cleaning and sanitation product once per day. (`81 Code, § A1-42.5) (Ord. 535, passed 2-27-92; Am. Ord. 637, passed 11-25-97; Am. Ord. 673, passed 5-25- 00; Am. Ord. 760, passed 10-14-04; Am. Ord. 808, passed 4-26-07; Am. Ord. 821, passed 10-11-07) § 155.233 ACCESSORY USES. (A) Within any BP district, the uses or uses deemed similar by the City Council as listed in § 155.093shall be permitted accessory uses. (B) Retail sales of any service or any product, goods or material produced at or related to the principle use on site, subject to the following: (1) The retail sales are subordinate to the principle use. (2) The gross floor area used for the retail sales is not more than 15% of the total gross floor area or 5,000 square feet, whichever is less, of the principle building if a single user/occupant or of the principle user's occupied space if within a multiple -user structure. (3) The retail sales are owned and operated solely by the principle user/occupant of the subject site. (4) The parking requirements for both the principle use and the retail use as set forth in this Code are met on the subject site. (`81 Code, § A1-42.5) (Ord. 535, passed 2-27-92; Am. Ord. 996, passed 8-27-15) § 155.234 ADDITIONAL REQUIREMENTS AND CONDITIONS. (A) Whenever a BP district abuts or is across the street from an R district or an M district, a fence or masonry wall, berm or compact evergreen hedge, or a combination thereof, not less than 50% opaque nor less than six feet in height shall be erected and maintained along all property lines or streets. (B) Loading docks shall not be permitted along the particular side of a building which faces a public street or an abutting R or M district. (C) The minimum size of a parcel or contiguous parcels to be rezoned as a BP district shall be 40 acres, unless the City Council approves a conditional use permit to allow for a lesser size. http://library.amlega Lcominxt/gateway.dll/Minnesota/applevalley/cityorapplevalleym innesotacodeofordinanc?f=templates$fn=dela u It. htm $3.0$vid=am le.. 3/4 9/12/2018 American Legal Publishing - Online Library (D) When a parcel is designated for a BP district, the owner/applicant shall submit a master plan illustrating the proposed lots and building locations. In addition, the owner/applicant shall submit a master architectural concept plan which illustrates a consistent use of exterior materials, as specified in § 155.346(D)(1), downtown commercial buildings, heights and entry and loading door designs which shall be used as a guide in the development of each building in the district. (E) The minimum floor area of any building shall be 20,000 square feet. (`81 Code, § A1-42.5) (Ord. 535, passed 2-27-92; Am. Ord. 637, passed 11-25-97) A§ 155.235 MINIMUM STANDARDS AND REQUIREMENTS. (A) The minimum area standards and requirements set out in Appendix C shall be met. (B) No improvements shall be placed on the lands unless the lands to be so used or improved shall meet the minimum area and dimensional requirements. (1) See this chapter's Appendix C. (2) Maximum impervious surface, see § 155.350. (3) Screening, see § 155.348. (4) Landscaping, see § 155.349. The minimum cost of landscaping materials shall be 2.5% of building value. (5) Parking, see §§ 155.370through 155.379. (6) Building materials, see § 155.346. http:/hibrary.am legal.com/nxtlgateway.dll/Minnesota/applevalley/cityofapplevalleyminnesotacodeofordinano?f=templates$fn=dela a lt. h tm$3.0$vid=am le.. 4/4 9/1212018 American Legal Publishing - online Library § 155,330 NONCONFORMING USES AND STRUCTURES. (A) Any structure or use lawfully existing upon the effective date of this chapter or an amendment thereto, may be continued at the size and in a manner of operation existing upon the effective date of the city zoning regulation, except as hereinafter provided. (B) Building permits legally issued not more than 120 days prior to the effective date of this chapter to construct a building or structure, the use of which will be nonconforming, shall be void unless the construction is started and substantially under contract within 120 days after the effective date of this chapter. (C) Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the Building Inspector. (D) When any nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. (E) (1) Whenever a nonconforming building or structure shall have been damaged by fire, flood, explosion, earthquake. war, riot or other peril, it may be reconstructed to the same size and intensity of use, unless the damage to the building or structure is 50% or more of its market value and no building permit has been applied for within 180 days of when the property was damaged in which case the reconstruction shall be for a use in accordance with the provisions of this chapter. (2) For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DAMAGE. The present cost to repair, reconstruct, or replace the building or structure. MARKET VALUE. The Dakota County Assessor's Office's estimated market value of the building or structure for the year in which the building was damaged. (F) Whenever a nonconforming use of a building or structure is discontinued for a period of more than twelve months, any future use of the building or structure or land shall be in conformity with the provisions of this chapter. (G) Normal maintenance of a building or other structure containing or related to a nonconforming use is permitted including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. (H) A nonconforming use of a structure, building or parcel of land may be changed to a similar use or to a more restrictive nonconforming use. Once a structure, building or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use. (I) Alterations may be made to a building containing nonconforming residential units when the alteration will improve the livability thereof, provided it will not increase the number of dwelling units nor the outside perimeter of the building. http:lflibrary.amlegal.com/nxt/gateway.dli/Minnesota/applevalleylcityofapplevalleyminnesotacodeofordinanc?f=templates$fn=default.htm$3.0$vid=amle 1/1 City of ••• •••• ••••• •••• ••• AppValley 7100 147th Street W. Apple Valley, MN 55124-9016 Community Development Department TO: Planning Commission acting as Board of Appeals & Adjustments FROM: Bruce Nordquist, Community Development Director/Zoning Administrator Tom Lovelace, City Planner DATE: September 13, 2018 RE: City Staff's Response Memorandum to Miller Farms of Lakeville, LLC Appeal This Memorandum is submitted to be made as a part of the record and for consideration by the Planning Commission acting as the Board of Appeals & Adjustments at the appeal hearing scheduled for September 19, 2018. This Memorandum sets forth city staff's response to Miller Farms of Lakeville's appeal of the Community Development Department -Zoning Administrator's determination regarding the permissible uses on property located at 5751 150th Street West, owned by Miller Farms of Lakeville. Based upon the facts in the record and for the reasons outlined herein, single-family residential or any other use under the property's previous Agricultural zoning designation is not a "permitted nonconforming use" under its current Business Park zoning designation. Accordingly, the Zoning Administrator's determination should be affirmed and the appeal denied. Statement of Facts 1. On December 18, 2014, Community Cares, Inc. purchased the property at 5751- 150th Street West in Apple Valley ("Property"). Mr. Joseph ("Joe") Miller is the owner and then President of Community Cares, Inc. See attached Exhibit A for true and correct copy of the recorded Contact for Deed purchase by Community Cares, Inc. Page 1 of 8 2. At the time of Community Cares' purchase, the Property was vacant. 3. The Property was previously owned by the Melby family and historically referred as the "Melby property" by city staff. The property sat vacant, except for outdoor storage of RVs and trailers, and was on the market for sale for many years until Community Cares bought it. 3. At the time of Community Cares' purchase, the Property was zoned Agricultural. 4. On December 18, 2014, the Property did not have any potable/running water supply; neither the old farmhouse nor any buildings on the Property had operable potable water supply. On August 8, 2013, a well on the Property had been abandoned and sealed. On October 7, 2014, a second well was abandoned and seal. No new or operating well existed on the Property since October 7, 2014. Accordingly, under the Minnesota State Building/Plumbing Code, neither the farmhouse structure nor any other building on the Property was habitable for residential purposes on December 18, 2014, when Community Cares, Inc. (through its President, Joseph M. Miller), purchased the property. See attached Sworn Declaration of George Dorn for details and supporting documents. 5. In early Spring 2015, within months of Community Cares' purchase of the Property, City staff learned and observed Community Cares operating its food distribution/warehousing on the Property. Food distribution/warehousing operations are not permitted uses within Agricultural zones. 6. In light of Community Cares' commercial operations on the Property, (in violation of the Ag zoning for the Property), and that the Comprehensive Guide Plan in effect at the time designated the Property as Industrial, the City initiated action to rezone the Property to Business Park. 7. On April 1, 2015, the Planning Commission directed a public hearing be set for the rezoning of the Property. See Exhibit B for true and correct copy of the April 1, 2015 Planning Commission Meeting Minutes. 8. On May 6, 2015, the public hearing was held for the rezoning of the Property. Joe Miller and his representative, Dale Runkel, were present at the public hearing. Dale Runkel spoke on behalf of Joe Miller and Community Cares; he stated that "the property was currently being used for the Community Cares food distribution" and that so long as the rezoning does not affect the continued operation by Community Cares, they had no issue with the rezoning. See Exhibits C & D for true and correct copy of the May 6, 2016 Planning Commission Meeting Agenda/Staff Report and Minutes. 8. On June 11, 2015, the City Council approved the rezoning of the Property from Agricultural to Business Park. The rezoning became effective upon publication on June 19, 2015. See Exhibits E Page2of8 9. In July 2015, City staff was made aware of the Minnesota Department of Agriculture's ("DOA") investigation of Community Cares' food distribution/warehousing operation on the Property. The DOA investigation and enforcement of state statute violations by Community Cares and Mr. Joe Miller continued into late May 2016. Sec Exhibit F for true and correct copy of the Department of Agriculture investigation file and a Court Order, dated October 1, 2015. The investigative file includes photographs of inspections conducted on the Property evidencing Community Cares' food distribution/warehousing operation occurring on the Property. 10. On May 4, 2016, Community Cares assigned and transferred its Contract for Deed ownership interests to Miller Farms of Lakeville, LLC. On May 6, 2016, Miller Farms was conveyed a Deed of Sale by the Estate of Sandra Jean Melby, granting Miller Farms full fee ownership of the Property. See attached Exhibit G for true and correct copy of the recorded Deeds 11. In late 2015 into 2016, Miller inquired and worked with city staff to extend and connect to City municipal water and sanitary sewer services to the Property. The extension and connection to City water and sanitary sewer services to the Property required the City's trunk charges/fees for water, sanitary sewer, and storm sewer due and payable by the property owner. 12. In 2016, Public Works Director Matt Saam worked directly with Joseph Miller and his attomey(s) to determine the amount of the trunk charges/fees and to negotiate an Assessment Agreement for deferred payment of those trunk fees. Mr. Joseph Miller, as the authorized agent of the property owner, entered into a Special Assessments agreement with the City for payment of the water, sanitary sewer, and storm sewer trunk fees. The water and the storm sewer trunk fees that were imposed and assessed for the Property were calculated at the commercial property rate in effect under the City's 2016 Fee Schedule. Mr. Joseph Miller and Miller Farms of Lakeville, LLC, by signing and entering into the Special Assessment Authorization on November 15, 2016, explicitly agreed to pay the water and storm sewer trunk fees at the commercial property rate. See attached Sworn Declaration of Matthew S. Saam for details and supporting documents. 13. On May 23, 2018, Miller Farms of Lakeville, LLC, through its contractor, submitted a water and sewer permit application, along with required plans. This water and sewer permit is for the installation and connection of the water and sanitary sewer service lines from the City's water/sewer mains in the public right-of-way (Energy Way) up to the building to be served. See attached Sworn Declaration of George Dorn for details and supporting documents. 14. The Apple Valley Chief Building Official, George Dom, reviewed Miller's water and sewer permit application and proposed plans. The plans were also reviewed, as a matter of normal review process, by the City's zoning department. By letter, dated June 6, 2018, Mr. Dorn sent his Plan Review Report to Mr. Joseph Miller and his contractor; the Report noted deficiencies in the water/sewer permit plans. The Plan Review Report noted, among many other issues, the City Zoning Administrator's review determination that the Property is zoned Business Park and the plans Page 3 of 8 depicted the new proposed water & sewer services lines to be connected to an "Existing Residential Building" which, as determined by the Zoning Administrator, is not a permitted use on the Property under its Business Park zoning designation. The permit application was not denied; instead, approval and issuance is contingent upon the property owner making all corrections and curing all deficiencies in the permit application and plans as noted in the June 6, 2018 Plan Review Report. See attached Sworn Declaration of George Dorn for details and supporting documents. 15. On August 20, 2018, Miller Farms filed its Board of Appeals and Adjustment application with the City challenging the Zoning Administrator's determination of permitted zoning uses on the Property as noted in the June 6, 2018 Plan Review Report. The hearing is set for September 19, 2018. City Staff's Response to October 30, 2017, Written Appeal Arguments The premise of Miller Farm's appeal is centered on the issue of whether the uses allowed under Agricultural zoning may occurred on the Property, as a permitted/legal nonconforming use, under its current Business Park zoning. Specifically, Miller Farms asserts that it has a right to use the Property for single family residential use because it was permitted under the previous Agricultural zoning and Miller always intended to continue the residential use. 1. Legal Principles of Nonconforming Uses: Any use of a property must comply with the numerated uses allowed for the property under its zoning designations. However, under Minnesota state statute and Apple Valley City Code, if a property is rezoned and the previous allowed use(s) are no longer permitted under the new zoning, but existed on the property at the time of the rezoning, then the use may continue as a permitted/legal non -confirming use. The right to continue a permitted/legal non -confirming use is not without limit or restriction. First, the use sought to be continued as a legal nonconforming use must have existed or occurring on the property at the time of rezoning. Apple Valley City Code § 155.330(A), governing nonconforming uses and structures, provides: Any structure or use lawfully existing upon the effective date of this chapter or an amendment thereto, may be continued at the size and in a manner of operation existing upon the effective date of the city zoning regulation, except as hereinafter provided. (Emphasis added). Page4of8 Similarly, Minn. Stat. 462.357, subd. 1 e, provides "any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued..." Next, the right to continue a nonconforming use ceases when the use ceases. Consistent kvith Minn. Stat. 462.357, subd. le, Apple Valley City Code explicitly states that a legal nonconforming use may continue unless the nonconformity or occupancy is discontinued for a period of more than one year. Moreover, in accordance with City Code "[w]hen any nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use." § 155.330(D). 2. Haefele v. City of Eden Prairie— Court of Appeals decision. Miller Farms references and relies on the Court of Appeals decision, Haefele v. City of Eden Prairie, for its legal basis and support of its asserted. nonconforming use claims. The Haefele decision is an unpublished opinion by the Court of Appeals. Under Minnesota law, unpublished decisions have no legal precedence or authority. Accordingly, the Board should not rely on the Haefele decision in making its findings and decision. Additionally, the court's determination in the Haefele decision is restricted to its interpretation of Eden Prairie's City Code language for nonconforming uses. The Court of Appeals discusses the concept of "abandonment" of a use because Eden Prairie's City Code language uses the term "abandonment." Apple Valley's Code does not use that term and thus, Haefel's opinion provides no relevance or guidance to this specific case. 3. Response to Miller Farm's Arguments. A. Miller Farms claims that "[tjhe Residence on the Property was lawfully established as a single family dwelling...[and/ remained a permitted use and lawfully established use until June 19, 2015." RESPONSE: NOT FACTUALLYOR LEGALLY TRUE. Page 5 of 8 Indeed, the farmhouse structure itself existed on the property prior to, on and after the date of rezoning, June 19, 2015. However, the single-family residential use of the structure, or anywhere on the property, did not lawfully exist on the Property on June 19, 2015. At the time Joe Miller purchased the property in December 2014, the property was vacant. There was no residential use of the property. On June 19, 2015, there was no residential use of the property. Moreover, even if there was an individual using the farmhouse as a residence, the use was not a "lawful existing use." There was no potable water supply on or to the property. Neither the farmhouse structure nor any other building on the Property was "habitable" for residential use and therefore, not lawful to use for residential purposes prior to, on or after June 19, 2015. See Sworn Declaration of George Dorn. B. Miller Farms claims it did not discontinue or abandoned the nonconforming use (no intent to abandon and no overt act or failure to act indicating discontinuance). RESPONSE: NOT FACTUALLY OR LEGALLY TRUE (1) When Community Care purchased the property in December 2014, it intended to use the Property for commercial purposes, not residential or agricultural uses. This fact is supported by the Certificate of Real Estate Value recorded by Community Cares and Joe Miller at the time of purchase. On the Certificate of Real Estate Value, it explicitly states the "Planned Primary Use" as "Warehouse/General Warehouse" and states "No" to the box for "Residential/Single Family." See Exhibit H, page 2, attached which is a true and correct copy of the electronic copy of the Certificate of Real Estate Value on file with the Minnesota Department of Revenue, dated December 18, 2014 and submitted by Miller's attorney. Further the same Certificate of Real Estate Value, page 5, under the Property Type box, it states "NO" to "Property Type: Residential" and "Yes" to "Property Type: Commercial." (2) Prior to and on the rezoning date, June 19, 2015, Community Cares, through the direction of Joe Miller, operated its food distribution and warehousing Page 6 of 8 operations on the Property. These commercial operations were not permitted under the Ag zoning. After the rezoning to Business Park on June 19, 2015, Community Cares continued its food distribution and warehousing operations on the Property as late as if not longer than May 2016. Therefore, the uses on the property were already converted from Ag/residential to commercial/warehousing prior to and after the date of rezoning. See Exhibit F attached which is the MN Department of Agriculture's investigation file and Court Order evidencing the existence of the commercial operations on the Property prior to and after June 19, 2015. (3) By Joe Miller's own admission at the public hearing for the rezoning, he and Community Cares were not using the property for any use under the Ag zoning. He explicitly stated at the public hearing the Community Cares is using the property for its food distribution/warehousing. See ExhibitD attached. (4) The property is, and has been since Community Cares' purchase of in December 2014, served by CenterPoint Energy for natural gas. The account is under a "commercial/industrial account." See Sworn Declaration of Carol Blommel Johnson attached. (5) Miller Farms asserts it did not discontinue or "abandon" its intent to use the Property as residential. However, Miller Farms did not own or occupy the Property on the date of rezoning, June 19, 2015. Miller Farms did not acquire the Property until May 4, 2016. See Exhibit G attached. Moreover, Community Cares was operating its food distribution/warehousing on the property into late May 2016. (6) Miller Farm's assessment authorization agreement signed in December 2018 refutes Miller Farm's claim of its intent to continue to use the Property under the Ag zoning and specifically for single family residence. As part of connecting to city water and sewer services, the City's trunk fees for water, sanitary sewer, and storm sewer became due and owing. The trunk charges for water and storm sewer imposed and paid by Miller were calculated at the commercial property rates. See Sworn Declaration of Matthew Saam. Page 7 of 8 Conclusion. The Property was rezoned to Business Park on June 19, 2015. As of the date of rezoning, no lawful residential use existed or occurring on the property. The property did not, and still does not, have any potable water supply to serve a residential use as required by the State Building Code. Additionally, less than six months prior to the rezoning, Community Cares, Inc., through Joe Miller, bought the Property (December 2014). At the time of purchase, Miller declared the intended use of the Property as commercial warehousing on his Certificate of Real Estate Value. Within months of the purchase and prior to the rezoning date, Community Cares, through control of Joe Miller, ran its food distributions/warehousing on the Property. The food distributions/warehousing operations continued after the date of rezoning. Under the City Code, once the use is converted to conforming zoning uses, it forever loses permitted nonconforming status. The uses on the Property must be under one zoning designation or the other; Miller cannot operate commercial uses and be allowed to continue an Ag use. Based on the facts set forth in this record and the reasons stated herein, the Board should deny Miller Farm's appeal and uphold the Zoning Administrator's determination the residential use on the Property is not a permitted nonconforming use of Ag designation and is not a permitted use under the current Business Park zoning. Page 8 of 8 Dakota MN 3044343 Page 1 0110 No decriquent tax% and transfer entered: Certificate of Ree! Eetate Vs1ue ( filed ( ) not required Ceti of Real Estate Value No. OTA -AUDITOR DePuty eCRV No.: 298866 DATE: December 18, 2014 Receipt# 356386 111111111111111111111111111111111111111111111 ABSTRACT FEE $46 CO ABSTRACT WELL CERT 550 00 SDI & CONSERVE EXEMPT Return to: R GLENN NORM & ASSOCIATES 20686 HOLYOKE AVE PO BOX 42T LAKEVILLE, MN 53044 CONTRACT FOR DEED 3044343 Recorded on: 12/24/2014 08:23:39AM By. STG, Deputy Joel T. Beckman County Recorded Dakota County. MN ij7 el_ oa (0 0D --) G0- o Ac THIS CONTRACT FOR DEED, is made on the above date by the Estate of Sandra Jean Melby, Decedent, single at the time of death, Seller, and Community Cares, Inc., a Minnesota non-profit corporation, Purchaser. OFFICE P O R O Seiler and Purchaser agree to the following terms: DAOTA OtKM-P, CZRT6' ICATL KCE 1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys, real property in Dakota County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION together with all hereditaments and appurtenances belonging thereto (the Property). Check box if applicable The Seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described property have not changed since the last previously filed well disclosure certificate. 2. TITLE. Seller warrants that title to the Property is, on the date of this contract, subject only to the following exceptions: Ov EXHIBIT Dakota MN 3044343 Page 2 of 10 (a) (b) (c) (d) (e) Convenants, conditions, restrictions, declarations and easements of record, if any; Reservations of minerals or mineral rights by the State of Minnesota, if any; Building, zoning and subdivision laws and regulations; The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of this contract; and The following liens or encumbrances: 3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser's prompt and full performance of this contract, Seller shall: (a) Execute, acknowledge and deliver to Purchaser a Personal Representative's Deed, in recordable form, conveying marketable title to the Property to Purchaser, subject only to the following exceptions: (i) Those exceptions referred to in paragraph 2(a), (b), (c) and (d) of this contract; (ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created, suffered or permitted to accrue after the date of this contract; and (iii) The following liens or encumbrances: and (b) Deliver to Purchaser the abstract of title to the Property if possessed by Seller, or, if the title is registered, the owner's duplicate certificate of title. If Purchaser desires to update said abstract, if any, or, to obtain any title work or title insurance, the cost for the same shall be borne by Purchaser. 4. PURCHASE PRICE. Purchaser shall pay to Seller, at such location as designated by Seller, the sum of Four Hundred Twenty -Five Thousand and 00/100 Dollars ($425,000.00), as and for the purchase price for the Property, payable as follows: $42,500.00 cash, the receipt of which is herein acknowledged; and $382,500.00 to be paid in monthly payments of $500.00 each, said payments to commence on the 1st day of January, 2015 and to continue on the 15t day of each month thereafter until the 1' day of May, 2015, at which time all remaining sums owing, including both principal and interest, shall be due and payable in their entirety. There shall be no interest assessed against the principal balance owing through May 1, 2015, however, interest shall be assessed against the unpaid principal balance owing after said May 1, 2015 at the rate of four (4%) percent per annum. All payments made shall be first applied towards accrued interest and the balance thereof towards the reduction of principal. 5. PREPAYMENT. Purchaser shall have the right to fully or partially prepay this contract at any time without penalty. Any partial prepayment shall be applied first to payments of amounts then due under this contract, including unpaid accrued interest, and the balance 2 Dakota MN 3044343 Page 3 of 40 shall be applied to the principal installments to be paid in the inverse order of their rnaturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. 6. REAL ESTATE TAXES AND ASSESSMENTS. Seller warrants that the real estate taxes and installments of special assessments which were due and payable in the years preceding the year in which this contract is dated are paid in full, and, further, Seller shall be responsible for the payment of such taxes and installments of special assessments in the event that any of the same have not been paid in full. Real estate taxes and installments of special assessments which are due and payable in the year in which this contract is dated shall be paid as follows: Seller shall be responsible for that portion thereof attributable during the time period January 1, 2014 through the dating hereof; Purchaser shall be responsible for that portion thereof attributable from the day after the dating hereof through December 31, 2014. Purchaser shall be responsible for the payment of all real estate taxes and installments of special assessments assessed against the Property which are due and payable in the year 2015 and in all subsequent years. Upon a request by Seller, Purchaser shall provide written verification to Seller that Purchaser has paid any such real estate taxes and installments of special assessments that have become due and payable as of the date of the applicable request. 7. PROPERTY INSURANCE. (a) INSURED RISKS AND AMOUNT. Purchaser shall keep all buildings, improvements and fixtures now or later located on or a part of the Property insured against loss by fire, extended coverage perils, vandalism, malicious mischief and, if applicable, steam boiler explosion for at least the amount of null insured value. If any of the buildings, improvements or fixtures are located in a federally designated flood prone area, and if flood insurance is available for that area, Purchaser shall procure and maintain flood insurance in amounts reasonably satisfactory to Seller. (b) OTHER TERMS. The insurance policy shall contain a loss payable clause in favor of Seller which provides that Seller's right to recover under the insurance shall not be impaired by any acts or omissions of Purchaser or Seller, and that Seller shall otherwise be afforded all rights and privileges customarily provided a mortgagee under the so-called standard mortgage clause. (c) NOTICE OF DAMAGE. In the event of damage to the Property by fire or other casualty, Purchaser shall promptly give notice of such damage to Seller and the insurance company. S. DAMAGE TO III E!: PROPERTY. (a) APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other casualty, the insurance proceeds paid on account of such damage 3 Dakota MN 3044343 Page 4 of 10 (b) shall be applied to payment of the amounts payable by Purchaser under this contract, even if such amounts are not then. due to be paid, unless Purchaser makes a permitted election described in the next paragraph_ Such amounts shall be first applied to unpaid accrued interest and next to the installments to be paid as provided in this contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. The balance of insurance proceeds, if any, shall be the property of Purchaser. PURCHASER'S ELECTION TO REBUILD. If Purchaser is not in default under this contract, or after curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior contracts for deed do not require otherwise, Purchaser may elect to have that portion of such insurance proceeds necessary to repair, replace or restore the damaged Property (the repair work) deposited in escrow with a bank or title insurance company qualified to do business in the State of Minnesota, or such other party as may be mutually agreeable to Seller and Purchaser. The election may only be made by written notice to Seller within sixty days after the damage occurs. Also, the election will only be permitted if the plans and specifications and contracts for the repair work are approved by Seller, which approval Seller shall not unreasonably withhold or delay. If such a permitted election is made by Purchaser, Seller and Purchaser shall jointly deposit, when paid, such insurance proceeds into such escrow. If such insurance proceeds are insufficient for the repair work, Purchaser shall, before the commencement of the repair work, deposit into such escrow sufficient additional money to insure the full payment for the repair work. All escrowed funds shall be disbursed by the escrowee in accordance with generally accepted sound construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by Purchaser into such escrow before the commencement of the repair work. Purchaser shall complete the repair work as soon as reasonably possible and in a good and workmanlike manner, and in any event the repair work shall be completed by Purchaser within one year after the damage occurs. If, following the completion of and payment for the repair work, there remain any undisbursed escrow funds, such funds shall be applied to payment of the amounts payable by Purchaser under this contract in accordance with paragraph 8 (a) above. 9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY. LIABILITY. Seller shall be free from liability and claims for damages by reason of injuries occurring on or after the date of this contract to any person or persons or property while on or about the Property. Purchaser shall defend and indemnify Seller from all liability, loss, costs and obligations, including reasonable attorney's fees, on account of or arising out of any such injuries. However, Purchaser shall have no liability or obligation to Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seller. (b) LIABILITY INSURANCE. Purchaser shall, at its own expense, procure and maintain liability insurance against claims for bodily injury, death and property (a) 4 Dakota MN 3044343 Page 5 of 10 damage occurring on or about the Property in amounts reasonably satisfactory to Seller and naming Seller as an additional insured. 10. INSURANCE GENERALLY. The insurance which Purchaser is required to procure and maintain pursuant to paragraphs 7 and 9 of this contract shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall be maintained by Purchaser at all times while any amount remains unpaid under this contract. The insurance policies shall provide for not less than ten days written notice to Seller before cancellation, non -renewal, termination or change in coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such insurance policy or policies. The payment for all the insurance to be provided pursuant to paragraphs 7 and 9 shall be made pursuant to the escrow provisions set forth at paragraph 4(b) above. 11. CONDEMNATION. If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchaser under this contract, even if such amounts are not then due to be paid. Such amounts shall be applied first to unpaid accrued interest and next to the installments to be paid as provided in this contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. The balance, if any, shall be the property of Purchaser. 12. WASTE, REPAIR AND LIENS. Purchaser shall not remove or demolish any buildings, improvements or fixtures now or later located on or a part of the Property, nor shall Purchaser commit or allow waste to the Property. Purchaser shall maintain the Property in good condition and repair. Purchaser shall not create or permit to accrue liens or adverse claims against the Property which constitute a lien or claim against Seller's interest in the Property. Purchaser shall pay to Seller all amounts, costs and expenses, including reasonable attorney's fees, incurred by Seller to remove any such liens or adverse claims. 13. DEED AND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchaser's full performance of this contract, pay the deed tax due upon the recording or filing of the deed to be delivered by Seller to Purchaser. The mortgage registry tax due upon the recording or filing of this contract shall be paid by the party who records or files this contract; however, this provision shall not impair the right of Seller to collect from Purchaser the amount of such tax actually paid by Seller as provided in the applicable laws governing default and service of notice of termination of this contract. 14. NOTICE OF ASSIGNMENT. If either Seller or Purchaser assigns its interest in the Property, a copy of such assignment shall promptly be furnished to the non -assigning Party - 5 Dakota MN 3944343 Page 6 of 10 15. PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money required under the terms of this contract or fails to perform any of its obligations as set forth in this contract, Seller may, at Seller's option, pay the same or cause the same to be performed, or both, and the amounts so paid by Seller and the cost of such performance shall be payable at once, with interest at the rate stated in paragraph 4 of this contract, as an additional amount due Seller under this contract. If there now exists, or if Seller hereafter creates, suffers or permits to accrue, any mortgage, contract for deed, lien or encumbrance against the Property which is not herein expressly assumed by Purchaser, and provided Purchaser is not in default under this contract, Seller shall timely pay all amounts due thereon, and if Seller fails to do so, Purchaser may, at its option, pay any such delinquent amounts and deduct the amounts paid from the installment(s) next coming due under this contract. 16. DEFAULT. The time of performance by Purchaser of the terms of this contract is an essential part of this contract. Should Purchaser fail to timely perform any of the terms of this contract, Seller may, at Seller's option, elect to declare this contract cancelled and terminated by notice to Purchaser in accordance with applicable law. All right, title and interest acquired under this contract by Purchaser shall then cease and terminate, and all improvements made upon the Property and all payments made by Purchaser pursuant to this contract shall belong to Seller as liquidated damages for breach of this contract. Neither the extension of the time for payment of any sum of money to be paid hereunder nor any waiver by Seller of Seller's rights to declare this contract forfeited by reason of any breach shall in any manner affect Seller's right to cancel this contract because of defaults subsequently occurring, and no extension of time shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default within the period allowed by law, Purchaser shall, upon demand, surrender possession of the Property to Seller, but Purchaser shall be entitled to possession of the Property until the expiration of such period. In lieu of the cancellation process as set forth in the preceding portions of this paragraph, Seller, at Sealer's option, may bring an action for specific performance. 17. BINNING EFFECT. The terms of this contract shall run with the land and bind the parties hereto and their successors in interest. 18. HEADINGS. Headings of the paragraphs of this contract are for convenience only and do not define, limit or construe the contents of such paragraphs. 19. ASSESSMENTS BY OWNERS' ASSOCIATION. If the Property is subject to a recorded declaration providing for assessments to be levied against the Property by any owners' association, which assessments may become a lien against the Property if not paid, then: (a) Purchaser shall promptly pay, when due, all assessments imposed by the owners' association or other governing body as required by the provisions of the declaration or other related documents; and 6 Dakota MN 3044343 Page 7 of 10 (b) So long as the owners' association maintains a master or blanket policy of insurance against fire, extended coverage perils and such other hazards and in such amounts as are required by this contract, then: (i) Purchaser's obligation in this contract to maintain hazard insurance coverage on the Property is satisfied; and (ii) The provisions in paragraph 8 of this contract regarding application of insurance proceeds shall be superseded by the provisions of the declaration or other related documents; and (iii) In the event of a distribution of insurance proceeds in lieu of restoration or repair following an insured casualty loss to the Property, any such proceeds payable to Purchaser are hereby assigned and shall be paid to Seller for application to the sum secured by this contract, with the excess, if any, paid to Purchaser. 20. LATE PAYMENT FEE. If any payment is not received by Seller within fifteen (15) days of the date when due, Purchaser shall additionally pay to Seller, to the extent allowed by law, a late charge of four (4%) percent of the amount of the delinquent payment. 21. TRANSFER RESTRICTIONS. Purchaser may not sell, assign, or otherwise transfer Purchaser's interest in this Contract, or the Property, or any part thereof, or if Purchaser is an entity, the controlling interest in Purchaser may not be transferred, without the written eonsent of Seller, which consent shall not be unreasonably withheld, or delayed, by Seller. Any such sale, assignment, or other transfer of Purchaser's interest in this Contract, or the Property, or any part thereof, as foresaid, shall not relieve Purchaser of Purchaser's obligations under this Contract (Purchaser to at all times remain responsible and liable for fulfillment of the same). 22. PROPERTY IMPROVEYWNTS. Except for work reasonably necessary to permit Purchaser to comply with Purchaser's obligations under this Contract, Purchaser shall not hire or perform any repairs or improvements to or replacements of the Property having an aggregate cost in excess of Five Thousand and 00/100 Dollars ($5,000.00) without securing the prior written consent of the Seller. Purchaser will not cause or permit any mechanic's lien to be recorded against the Property. Purchaser agrees to defend, indemnify, and hold Seller harmless from any loss, damage, or expense incurred by Seller with respect to any party asserting a mechanic's lien claim, it being understood and agreed that this undertaking shall survive cancellation of this Contract or the delivery of a deed pursuant to the terms hereof, 23. HAZARDOUS SUBSTANCES. Purchaser shall not bring, store, generate, or treat hazardous wastes or substances or petroleum products upon the Property, except for small quantities which are stored and used in compliance with applicable law. Purchase hereby agrees to indemnify, defend and hold Seller harmless from any and all claims, demands, actions, causes of action, liabilities or rights which may be asserted against Seller with respect to such substances or products, it being understood and agreed that 7 Dakota MN 3044343 Page 8 of 10 this obligation will survive the cancellation of this Contract or the delivery of a deed pursuant to the terms hereof. 24. ALTERNATIVE ACCELERATION REMEDY. If Purchaser fails to timely perform any item of this Contract, Seller may elect on thirty (30) days written notice given to Purchaser, to declare the entire unpaid Purchase Price, together with accrued interest thereon, immediately due and payable in full and commence an action against Purchaser to collect all amounts due hereunder. Purchaser shall have the right to reinstate this Contract at any time before entry of final judgment against Purchaser for amounts due hereunder if Purchaser: (i) pays Seller all sums due hereunder as of the date of reinstatement; (ii) cures any other defaults existing under this Contract as of the date of reinstatement; and (iii) pays all expenses incurred by Seller in enforcing this Contract, including, but not limited to, reasonable attorney's fees and costs. Seller shall deliver the deed for the Property in the manner required by paragraph 3 of this Contract when all amounts due hereunder have been paid. 25. DEFAULT RIGHTS OF SELLER! CANCELLATION OR SPECIFIC PERFORMANCE. Notwithstanding any other provision contained in this Contract to the contrary, if Purchaser defaults in Purchaser's performance of this Contract, Seller shall have the right at Seller's option (1) to cancel this Contract in accordance with Minnesota Statute §559.21, as the same may from time to time be amended, or, (2) to commence an action for the specific performance of this Contract or any other right Seller may have to seek any other lawful award of damages against Purchaser. 26. ADDITIONAL TERMS. SELLER Estateo�f tined] Jean Me by By ipltine/] d (Deborah Lee enke) Its Personal Representative STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The foregoing instrument was af,cernixt- , 2011 by Deborah Lee Sandra Jean Melby, Decedent. DEBORAH K. ®LOS , f: Notary b ean��CcE r 3 5 PURCHASER Community Cares, Inc. By r•"1 h M. Miller ( l? ) its President acknowledged before me this 181-M day of Juenke, the Personal Representative of the Estate of 8 044n:di R. e Notary Public Dakota MN 3044343 Page 9 of 10 STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this / Doran her , 20i `f by Joseph M. Miller, the President of Community Minnesota non-profit corporation, on behalf the corporation. • R.yE.7.=,!aii31,2015 THIS DOCUMENT DRAFTED BY: R GLENN NORD & ASSOCIATES, P.A. 20686 Holyoke Avenue P. O. Box 427 Lakeville, MN 55044 ?PI day of Cares, Inc_, a ,faeri rrt-. Notary Public Tax statements for the real property described in this instrument should be sent to: Community Cares, Inc. Attn: Joseph M. Miller, President 8630 Dodd Boulevard Lakeville, MN 55044 FAILURE TO RECORD OR FILE THIS CONTRACT FOR DEED MAY GIVE OTHER PARTIES PRIORITY OVER PURCHASER'S INTEREST IN THE PROPERTY. 9 Dakota MN 3044343 Page 10 of 10 4.. v, f/1 0)3a EXHIBIT A LEGAL DESCRIPTION That part of the East Half of the Southeast Quarter described as follows: Commencing at a point on the South Tine of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest comer of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East Half of the Southeast Quarter, a distance of 165 feet; • thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; thence East 360 feet; thence South 450 feet, more or less to the South fine of said Section 26; thence Westerly along said South line a distance of 312 feet more or Tess to the point of beginning. .Excepting therefrom that part of the above described property which ties North of the South 33.00 feet thereof and South of a line which is 75.00 feet North of, measured at right angles to and parallel with, the following described tine: Commencing at the Southeast corner of said Section 26; thence North along the East line of the Southeast Quarter of said Section 26 a distance of 37.00 feet to the point of beginning of the he to be described: thence West parallel with the South fine of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the left, having a central angle of 3 degrees 54 minutes 00 seconds and a radius of 7639.44 feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential carve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531.11 feet, said point being on the South line of said Section 26, and said line there terminating. All in Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota. R 6/.2. /1G` -c1 PT)se( io P COCJN`9v ([S1F ONLN Nfl1D&il USE ONLY c � cf MINNESOTA DEPARTMENT NT OF HEALTH MC 74__ ---.--- -- „— ` Well Management Section, I'.0. Box 64975, St. Paul, Minnesota 55164-0975 651-201-4587 or 800-383-9808 FEED 1 �.�. (1-71 L..�. WELL DISCLOSURE CEff TII1FICATF ` RACT COPY PLEASE TYPE OR PRINT ALL /NFORM4 TTON 508 ` 3 5 O e`r5 ��� n filing deed must include a $50 fee payable to the county recorder. UU A. 'PROPERTY LOCATION LEGAL DESCRIIP'li'IION See attached Exhibit A Attach a legal description of the property. For Legal Description County Section No. Township No. Range No. Quarter (or Government Lot) Dakota 26 115N 20W Lot No(s). Block No. Addition Name Oudot Tract Property Street Address 575 50th St. W. City/ wnship Apple Valley ZIP Code 55124 Property ID No(Parcel No. (optional) 01-02600-76-020 R. PROPERTY BUYER MAILING ADDRESS AFTE CLOSING First Name Joseph Middle Initial M. Last Name Miner Company Name (if applicable) Community Cares, lnc. Mailing Address 22260 Dodd Boulevard Mailing Address City Lakeville State/Province MN ZIP Code 55044 Telephone No. (including area code) 612-790-6395 Provide Nae of Seller {please print} Estate of Sandra Jean Melby Name 1.1 �►i\ C. CERTIIIFHHCATION BY SELLER 1 certify hat th infgtma 'on provided on tthj certificate is accurate and complete to the best of my knowledge. 4g Er LA -C.0 ./. _ Its Th$ t3Q8 geptrus'o t± /c /J� --/y Signature of Seller or Designjed Representative of Seller Date D. CERTIFICATION BY ;i:UYER For fulfillment of a contract for deed the buyer or person authorized to act on behalf of the buyer, must sign a Wei I Disclosure Certificate if there is a well on the property. In the absence ofa seller's signature, the buyer, or person authorized to act on behalf of the buyer may sign this Well Disclosure Certificate- No signature is required by the buyer if the seller has signed above. Based on disclosure information provided to me by the seller or other available information, 1 certify that the information on this certificate is accurate and complete to the best of my knowledge. rsloac izimitq COW, X.111Z. /?,1I-iy Date 1! Pre dent �i ature of Buyer or Designated Representative of Buyer IMPORTANT N 1,TE: The Minnesota Department of Health (MDH) will follow-up with the property buyer regarding . any wells disclosed as not in use. if a well is not in use, the property owner must either return the well to use, have the well sealed by a licensed well contractor, or obtain an annual maintenance permit from the MDH for $175. A copy of this Well Disclosure Certificate should be provided to the property buyer at the time of closing. MINNESOTA DEPARTMENT OF HEALTH WELL DISCLOSURE CERTUF FATE PLEASE TYPE OR PRINT ALL INFORMATION Indicate Total Number of Wells on Property -71 well information page if more than two wells are located on the property. E. WELL LOCATION LEGAL DESCR]IIPTII 1 0 8 7 3 5 WELL #1 — If the property legal description has more than one section, township, or range number; quarter (or government lot); or lot or block number; provide specific legal description information regarding the physical location of this well. County Dakota Section No. 26 Township No. 115N Range No. 20W Quarter (or Government Lot) Lot No. Block No. Addition Name Outlot Tract MN Unique Well No. or Sealing Record Nod .0 fga ,0 WELL STATUS (Check onl one box) WELL IS: ❑ In Use (1) Not in Use (2) pl Sealed by Licensed Well Contractor (3)* *Cats 4f1DH to verify sealing record is on File. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, check the well status as not in use. Also see "IMPORTANT NOTE" on page 1. Date of Well Construction or Sealing . -` Name of Licensed Well Contractor vfl * t C a. If well If yes, • is not in use, is there an MDH variance for this well? Yes ❑ No provide the variance tracking number (TN) If the well is this well? If yes, provide not • in use, Yes the permit is • number there an MDH maintenance permit for No SKETCH MAP -- Sketch the location of the well(s) and include estimated distances from roads, streets, and buildings, If more than one well on property, use the well location number above to identify each well. The location of the welt(s) must be provided. If the • Location of a well is not known, have the well located by a person qualified to locate wells, such as a licensed well contractor. PI. 9a Information provided on this form is classified as public information under Minnesota Statutes, Chapter 13. To request this document in another format, call 651-201-4600. Deaf and hard -of -hearing: TTY 651-201-5797. Visit the MDH Well Management Section, Well Disclosure Program website at: www.health.stale.mn.us/divsleh/wells/disclosures. 14E-01387-12 1C# 140-0385 origs\well disclosure certificate -instructions 7/21/2011R WELL #2 — if the property legal description has more than one section, township, or range number; quarter (or government lot); or lot or block number; provide specific legal description information regarding the .hzsical location of this well County ,•; ,r 4 Section No. ate Township No. d I C eV Range No. Sep laa Quarter (or Government Lot) Lot No. Block No. Addition Name Outlot Tract MN Unique Well No. or Sealing Record No.J-� - y9"' WELL STATUS (Check only one box) WELL IS: ■ In Use (1) • Not in Use (2) ig Sealed by Licensed Well Contractor (3)* *Call MDH to verify seating, record is on tile. if the well has been sealed by someone other than a licensed welt contractor or a licensed well sealing contractor,check the well status as not in use. Also see "IMPORTANT NOTE" on page 1. Date of Well Construction or Sealing• g le,! ��� Name of Licensed Well Contractor yatter trait' 064e- 6' -contractor, If well is not in use, is there an MDH variance for this well? ❑ Yes D No If yes, provide the variance tracking number (TN) if the well is this well? If yes, provide not • the in use, is there an MDH maintenance permit for Yes ❑ No permit number SKETCH MAP -- Sketch the location of the well(s) and include estimated distances from roads, streets, and buildings, If more than one well on property, use the well location number above to identify each well. The location of the welt(s) must be provided. If the • Location of a well is not known, have the well located by a person qualified to locate wells, such as a licensed well contractor. PI. 9a Information provided on this form is classified as public information under Minnesota Statutes, Chapter 13. To request this document in another format, call 651-201-4600. Deaf and hard -of -hearing: TTY 651-201-5797. Visit the MDH Well Management Section, Well Disclosure Program website at: www.health.stale.mn.us/divsleh/wells/disclosures. 14E-01387-12 1C# 140-0385 origs\well disclosure certificate -instructions 7/21/2011R WELL OR SPRING LOCATION MINNESOTA DEPARTMENT OF HEALTH Minnesota Well and Boring w �� , fl :> Fri County Name 1.-P*,_ 1P • •, — to WELL AND BORING SEALING RECORD Minnesota 'alnneso2a i)nlque Well No Minnesota Statutes, Chapter 1031 or �'-senes No 11,1, e,M,i not IK4�.. �! �, IOW- 0 8 7 3 a. r0wnstJlp,NBme 1' ';1,-r :. j . _ :C?. Township No ,% r ,-,, Range No 2- ( Section No 2- 6 v Ft`aotiort.ysm -.rg) ,..,:ii. ,. - j- f� " Date Sealed ' > 'J i �,,,(� fir r.'ir. .l, l` 6 13 Dale Wel/ or Boring Constructed GPs N.f. LaIi ode l 7 degrees f'1 3 minute..S-seccres Depth Betare Sealing / 0 ( ft Original Depth 0 I LOCATION f.,{.' Longitude.. =J degrees 1 4.1, cornu!.-,i ill h r --�r„ AOUIFER(SI STATIC WATER LEVEL Ncierical St-eet Address o• Fire Number and Gay of Wel. or Boring Location W] Single Aquifer 0 Melfiaquiler �= :.-:-.,....c://3 J,/3 Cr ,WELLlBORING _ - Measured 0 Esmrnated Date Measured-- .. r Water-Supply Welf ❑Mama Well r __ �• 5•..er•c7 mac o' wet or ,ding n,;elctex g•ie Ith:zl well or bo'irg Ai, - f lacatc �. s"Cov.r= oroperfy PPY 7l _r„ Bore Hole - ..-- ❑I other _ J +, if e) fl 'El below ❑ above land solace i 1 i'- i,,a<,., rca0sa-i o_i dings �.:.. • f N:2-, CASINGTYPE(S) ^ , �-.�' Steel Plastic Q Tife ❑Other -,-- � �� MESE --;--- l si E 1 1.%'" ,A 141e �,-,--i•I ti". •5�t WELLHEAD COMPLETION D G rr I ', if• es. __ ?,.. Outside: ❑ Wei House ❑ At Grade Inside. I❑ Basement 011set �r �" ^%' ❑ Pdless A plar::Jn t .❑ Buried ❑ Well Pit da. Pit ❑Suited ,^,_-; E t fJ Weil $ L—❑ Other t rave--I [J other_ .!-7. ;moi ra-e. E / PrPEFtTY OWN i'C R'S NAMEOMPAN` 0. 10 CASING{S) i r:� .: � -� :i=,�..-�/t-r_ .d.. Diameter Qe z - `. -..r• 7 `-`�1-.- `` - r P Set re oversize hole Annular space initially _ grouted, Proper) Owner's mailing address a dtterenl tha^• well loca$an adds; ..nd,x:rted ohne `'' - 1.. ('� } _- - .' fie from aJ to 7 J ft Q Yes ci No 0 Yes 0 Na 0 Unknown 1+ f i !-.9-'t"...-/' ✓.... t --r11-4.-,---L-s' __ :4-' A _ r in from to 11 0 Yes 77 No ❑ Yes 3 No ❑ 1Jnknown - 4----,.i." j F �L '- , _ M l-.'`„". je ,fry; ,. „ ?'. / 0 in from to ft 0 Yes No 0 Yes 0 No 3 Unknown WELL OWNER'S NAMEtCOMPANY NAME SCREEN/OPEN HOLE °w r- /p j ) Wil neiior1 m000 address Ii afferent roan C Screen from t / 10 1 `' .1 M Open Hole fr0m to It 6 property owner's address indicated above OBSTRUCTIONS tEl Rods/Drop Pipe 0 Check Valve(s) 3 Debits 3 Fitt Q No Obstruction Type of Obstructors (Describe 17'-;,._;Jf. .7;.‘ �•;,xL �.�-iy -' z- 1•rff4-- _I GEOLOGICAL MATERIAL COLOR KARI/NESS OR FORmaTioN FROM TO Obstructdns removed? Yes ❑ ND Describe C-{-'%+-o F -- 't-<-. rJ.{�f"� -:� �'^o-_...�_ „ L PUMP >~ ft not known, indicate estimated formation IN from nearby well or boring, - Removed Not Pre5enl ❑ Other_ ' 1 ' ^.��.i=':�;--^,:>.:4 Itt_-g 2 j,f; METHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, OP, CASING AND BORE 110LE, 2 Ai . No Annuia' Saace Exists -1Annu ar Sone Grouted w .ti Trent& Pipe .71 Ge5,1g PelorationlRemoval in 'torn to fl 3 Perforated 3 Removed . ___ in from to ft 3 Perforated l Removed Type of Per;orator ❑ Other GROUTING MATERIALS) (Orly bag of cement = 94 tbs., one bag of bentonite = 50 lbs.) l 2-£. �+- / — Grouting Material i 4-� r—' 's-=• "'-Le.a _[ .from (7 to / 0 i It yards. bags from_ to ft Saga - yards__ from to ft yards bags OTHER WELLS AND BORINGS REMARKS, SOURCE OF DATA, D}FFICULTIES IN SEALING Other unsealed and unused well or boring on property' Q Yes ILI`j J Na How many, -1":"-• �„''-:/',r •- 2-. !l✓.-^' ...%2-w'"'lf'L-• ri-'t LICENSED OR REGISTERED CONTRACTOR CERTIFICATION •L_._ r Yt, This well or dor rg was sealed m ac.'o•canee r.i:' V rresata Ru!e5, Chapter 4725 The Information conlained in this report ''L ' -:2_-...•,1,•,.--,e (f !,_- -i....4.-___„..t. „,r:.. 2,e,-,......„ true to the best of my knowle cgs - r (7,4_ r = �M1 c( •: • H 1-/ c `i- 'a'r•.:-:,L,..� 14/....2-) _71.7:: C�. ;.r '+-;�._ �r—'�-e 4 l`' fC - Z .� - :•' Lrcc^see liai;ese Nome • �Y L ✓ �• ( ' r f �. -_ /i ,.- ri,.Z.;.-c--f '%raj �i�:.C.- G y,� ;��Y+ E Leans& or Regratrarion No r•`y ;r } - n (J `i `, '•�' �.-. f-,-' '- l v .,-717,-, ter.. - `'? �-�_'� .L- / ' C?..-../..,4' �,.. ? ~. -- "/ice z ,, �J•••••••”" F•••••-i` 1 "F ! i `;r•^'�-�. 4 ""t^"J_ j _„ • Cer1rhed,Representatrve Signature Cerbfred Rep No -' Date 'I- -`i i,. F.:5 : .5:;fP HTY ., J -��..�.-----. f{,. --� .....-77, - t',-.I.."-....:,'1=..• �L .�,E n _•OF Y - ..Marne of Person Sealing Welt or Boring ICO 140-0423 5,125 DEPARTMENT OF HEALTH Minnesota Well and Boring H - r' ,•. ii r� ' µELL OR BORING LOCATION MINNESOTA Seating Nn Capri Name WELL AND BORING SEALING Mmneso of nn s to Unique Well No Minnesota Statutes, Chapter 1031 tr W-senes Na ii rrw„ ,�i e [(�tt1jC 5 ¢ q 8 A 3 . P'�a ; �� t. Tr4rmshipName • /. ;,� Township No I I r Range No 2 0 Section No Frks.ha sm ,-e,lg) 1 2& i. -v E'1, E/- Date Seated ',. 7 Co J zi Dale Wail or Baring Constructed OPS LOCA1 15N - decimal degrees (to four decimal places) Depth Before Sealing if 8 11 Original Depth / # 3 It 1 Latitude Longitude AOUIFER(S) STATIC WATER LEVEL Numerical Street Andress or Fire Ncmber and City al Well or Boring Location � Single Aquifer [ Mulhaguiler r �7 "' -011/ �y , c e-.,, - .� le U rt.1i. ff}_ -vP' WELL/BORING 'Water -Supply Well ❑ Mond Well 'Measured (1 EMI mated Dote Measured r U�r - ! exact Ia ation f well or boring S - h map of 8 Porrbbor Env Bore Hole i7 Other 9 It below 1 above land surface Show l location shoran ro .})•I )„ Emus C .y_7,4,44 r liar roads, and bwldmgs ie �; 4//I• fr i.... T CASING TYPE(S) ❑Plastic r} Tile I] Other__ -.-- • ,. �^� .., eel —.. - - I / / L F •)- 5 y/� E WELLHEAD COMPLETION w �� �C til€ ras�i".Y... yL.`-i°,�,° Outside E❑ Well House i l Al Grade Inside: 0 Basement Offset 'f Pitless AdepterrUni: J Bur ,ed ❑ Wel Pd ` ...1 2. y �i 1 [ ❑ Busied ❑ well Pd $111 l❑ Other [lather _.� 1- 1 Wile --I / 0 z./ --tom` W -5- P5)PERTY OWNER S NAME/COMPANY NAME ,r rte" r1� CASINGIS) Diameter Deplh Set in oversize hole', Annular space radially grduledv Preperty�wriers rra,iing address if d rterent man well loa6.iwn address indicated above ti.in irom_-_,.,0 to J ' ti D Yes -No U VW (D No 0 U nknown m Tram to rt ❑ Yes ❑ No ❑ Yes 0 No 0 Unknown �--�/� - �r t L''.; It.,,,-. i.-1'�•_T r^r.y,� f ) ii a,,r r 0 'k" -' 1 -- in from to It ❑ Yes 0 No ;] Yes Li No ❑ Unknown WELL OWNER 5 NAME/COMPANY NAME SCREEN/OPEN HOLE Screen from f L+4 to 1 1 -t -g it Open Hole from to rl ! Weil oi..ners maling address 4 ddterent iron prope-ty owner's address ind,:Ftr>d above OBSTRUCTIONS [] Rads/Drop Pipe L] Cheek Vatvejs) Debris [] RI i No Obstruction Type Obstructions (Descnbe)_2- .p,e ' rte",. - .r %l' i.e. of RARONESs OR Obstructions removed? Yes No Describe Ari +-d= . !L.*-E� GEOLOGICAL MATERIAL COLOR FORMATION FROM TO PUMP I� s� /.'"`..,4'�� t `.IJi.E„ If not known, indicate estimated formation lag from nearby welt or baring ..%1.�C'.•2.r.'.C',v 1 '7 3 -t' y -'-t, 2_.. G(," �/ ��-yy C./ 1 C 6❑ Type Removed oliNot Present ❑ Other . , fr.-..t,..a-6 ,,.,_ ,S6 ?6-J- t +1ETHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, OR CASING AND BORE HOLE: 2- '"' yl No Annular Space Exists [1 Annular Space Grouted with Tremie Pipe 0 Casing Perlaralion/Removat from to ft L1 Pettorafed ❑ Removed .'L%} ,�• Caw' in to ft 0 Perlorated ❑ Removed yy in from _ iG/ Tyoe CI Perforator .ic .r G y:...e V.,,,,1..-r -7:,(. crr VARIANCE Was from the MOH for this well' 0 Ves f) Na TNN s 4:424,-.(1,1-C-4-;.'..- -� f! �� a variance granted , r �� .° .?i -e' - C* % 1 >? - -t-. L a .4.4,_....I.,.7`'-rte,tic GROUTING MATERIAL(S) (One bag Di cement = 94 Ibs , one bag of bentonite = 50 lbs ) lt Material )Z-e-at-�:1-1i.✓"y-ry o ! gft yards 0 bags /: s Grouting tLf from to fl yards bags /-/ 3 r 1 p 9,0 from to ft yards bags 0111ER WELLS AND BORINGS REMARS, SOURCE OF DATA, DIFFICULTIES IN SEALINGOther unsealed and unused weir or boring on properly' LI Yes a. No How many' st..ZC.-G',f ;7.ry �..4- — 1 . -1-4.e `cf' -)T`' oThis 'C "C.-� a_ �r •�i•i •y't^ - `z' �•�' 'r�-,e' Z --G1 « .."1/.. 'f‘--(:,-.' "i_:'t^.1-.- ,r:.,±,? L6.Q + ] / LICENSED OR REGISTERED CONTRACTOR CERTIFICATION well or boring was sealed in accordance with Minnesota Rules, Chapter 4725 The information contained in iha report is true to the best of my knovrledgs J,��y} / r j� / `1 L!,•� lyi 4"4 1•V%._. C.4 21. 'ir}'�.• Y L . F c f. 16. �- i- -11 L' / y �f /� / i+� �. � �'d'�-[� `Gu'" " `'7'(l`f-'lr,. Ff.••=r`E.'Z- f U 1 � L G a....d_.rf/t./LtL �']/. _, s/s' G 3 q 2 , , NB IStfAflOn NQ r.,censoe +3usrness 14ame C .1 / License or 3��ta�0 E + i2..CvC-A.- -f"L, 1 L -E -:Y i1-rr' -'v C'44 7n- `M�'S 6 !y1 +� /� - GJ / 4/ r`.•4 '-',"--.7, 'f . LI{ 2' l .S G/ -A Co / G 't� .A.y ri,Jf ii a.Z. w" ?li=ar + 5 k / s / • , ,2-10-r04:4,7, V4S ,f ! Cornfield Aeprese.araave Srgnarure Cerhhed Rep No Dale 2(.ev-vr,.)/ff,%! - r •-". ,,-�:;= r.= 7i- P.:: •:.. . _=g.i.;- _,- ._- z'-. H w -'-r ta,nentPa,sonSeekingWon orBog Ing 5 t ^.A HE 0142e-14 1C# 140-0423 EXHIBIT A LEGAL DESCRIPTION 5 0 8 7 3 5 That part of the East Half of the Southeast Quarter described as follows: Commencing at a point on the South line of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest corner of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East Half of the Southeast Quarter, a distance of 165 feet; thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; thence East 360 feet; thence South 450 feet, more or less to the South line of saki Section 26; thence Westerly along said South line a distance of 312 feet more or less to the point of beginning. Excepting therefrom that part of the above described property which lies North of the South 33.00 feet thereof and South of a line which is 75.00 feet North of, measured at right angles to and parallel with, the following described line: Commencing at the Southeast corner of said Section 26; thence North Tong the East fine of the Southeast Quarter of said Section 26 a distance of 37.00 feet to the point of beginning of the line to be described: thence West parallel with the South line of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the left, having a central angle of 3 degrees 59 minutes 00 seconds and a radius of 7639.44 Feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential curve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531.11 feet, said point being on the South line of said Section 26, and said One there terminating. All in Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota. 5-- CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES APRIL 1, 2015 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan and David Schindler. Members Absent: None Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, Cita Erunneer Colin Manson, Planner Kathy Bodmer and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL. OF MINUTES MARCH 18, 2015 Chair Melander asked if there were any changes to the minutes. Community De\ elopment Director Bruce Nordquist stated a revised copy of the minutes had been distributed to the Commission. MOTION: Commissioner Diekmann moped. seconded by Commissioner Scanlan, approving the revised minutes of the meeting of March 18, 2015. Ayes - 6 - Nays — 0. 4. CONSENT ITEMS A. Set public hearing for May 6, 2015, 7:00 p.m. to consider rezoning of two properties: Outlot C, Valley Business Park and 5751 - 150th Street W. from "A'. (Agricultural) to "BP" (Business Park). PETITIONER: City of Apple Valley MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, adopting resolution setting a public hearing for May 6. 2015, to consider the rezoning of the following properties from "A" (Agricultural) to "BP (Business Park) for consistency with 2030 Comprehensive Plan designation of "IND" (Industrial): a. Parcel 1: Outlot C, Valley Business Park b. Parcel 2: 5751 — 150th Street W. Ayes - 6 - Nays — 0. EXHIBIT NU' ICL I5 FURTHER GIVEN that these proceedings are instituted by the Apple Valley Ptanning Commis- sion. All interested parties will be given an opportunity to be heard at said time and place, DATED this 91h day of April, 2015. /s/ Pamela J. Gackstattor Pamela J. Gackstetter, City Clerk Published in the Apple Valley April 24, 2015 377929 C UQ A o mo m 7, LI CS N O r 01-81100-00-030 (0.16 acres) x a CITY OF APPLE VALLEY NOTICE OF PUBLIC HEARING PROPOSED REZONING NOTICE IS HEREBY GIVEN that the Planning Commission el the City of Apple Valley, Dakota County. Min- nesota, will meet at the Municipal Center, 7100 147th Street W., on Wednesday, May 6, 2015, at 7:00 p.m., or as soon thereafter as possible. The purpose of the meeting is to hold a public hearing on proposed retanmg from "A" (Agricultural) 10 "BP" (Business Park( so that the zoning is consistent with the Comprehensive Plan designation of "IND" (tndustriaft. Said hearing relates to a two parcels totaling 3.72 acres generally located northwest of the intersection of Pilot Knob and County Road 42, legally described as follows: 5751 150th Street W. No address assigned D v n (1)0 That part of the Last One Halt of the Southeast quarter of Section 26, Township 115, Range 20, Dakota Caunly, Minnesota, described as follows: Commencing at a point 264 feet east of the Southwest Corner of the East One Half of the Southeast quarter of said Section 26, thence narleeriy a distance of 165.00 feet; thence westedy a distance of 4900 feet, thence North 285.00 feet; thence East 360.00 feet: thence South 450,00 feet, more or less to the south line of said Section 26, thence westerly along said south tine a distance of 312.00 feel, more or less to the point of be4innin 0 r_ d 0 { m N CO c LI c, y P: 7- r- to 0 r O N A MI 'v N a z AFFIDAVIT OF PUBLICATL STATE OF MINNESOTA ) ss COUNTY OF DAKOTA Charlene Vold being duly sworn on an oath. states or affirms that they arc the .Authorized Agent of the newspaper(S) known as: STW Apple Vallee and has full knowledge of the facts stated betow: (A) The newspaper has complied uRh alt of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §33IA.02. 331A.07, and other applicable laws as amended. t13) This Public Notice was printed and pub- lished in said newspaperls) for 1 succcs- si\,e issues: the first insertion being on 1)4/24/21)15 and the last insertion being on 041'4/1 i15. 13,x: Authorized Agent Subscribed and sworn to or affirmed before me on 04124/2015. Notary Public 01.wy v VWVVVVYNIVVVINV VJVVVVVVVVV% .i;.: DARLENE MARE MACPHERSON `&. %, , ° � Mfta Jan r 020, :. wn Rate Information: t I) 1 owest classified rate paid by commercial use,,, for comparable space: 527.40 per column inch Ad I D 377929 City of Apple Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 MAY 6, 2015 PLANNING COMMISSION TENTATIVE AGENDA 7:00 F.M. This agenda is subject to change by deletion or addition to items until approved by the Planning Commission on the date of the meeting. 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF APRIL 1, 2015 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Outlot C/Community Cares Property Rezoning — Public hearing to consider rezoning of two properties from "A" (Agricultural) to "BP (Business Park) for consistency with 2030 Comprehensive Plan designation of "IND" (Industrial). (PC15-15-Z) LOCATION: Southwest of Energy Way and Pilot Knob Road PETITIONER: City of Apple Valley B. Cobblestone Lake 7th Addition — Public hearing to consider subdivision of approximately 3.7 acres of property for the purpose of constructing 37 townhomes; and the completion of a Comprehensive Land Use Map amendment and rezoning. (PC15-13-ZSB) LOCATION: Northeast corner of Eagle Bay Drive and Dodd Boulevard PETITIONER: South Shore Development, Inc. 6. LAND USE/ACTION ITEMS A. Schesso/Hine Fence Variance — Request for a variance allowing for increase in fence height from 3.5 feet to 6 feet where a fence is located along a rear property line, which constitutes the side lot line of an abutting lot. (PC15-12-V) LOCATION: 14334 Embry Path PETITIONER: Troy Schesso and Lisa Hine B. Eriksmoen Cottages Driveway/Garage Variance — Request for a variance to allow for the retention of a second attached garage and driveway as part of a conversion of a twin -home into a single-family dwelling. (PC15-21-V) LOCATION: 13980-82 Holyoke Path PETITIONER: Eriksmoen Cottages and Brett Foss 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, May 20, 2015 Regular Scheduled Meeting -Public hearing applications due by 9:00 a.m. on Wednesday, April 22, 2015 -Site plan, variance applications due by 9:00 a.m. on Monday, May 11, 2015 Wednesday, June 3, 2015 Regular Scheduled Meeting Public hearing applications due by 9:00 a.m. on Wednesday, May 6, 2015 -Site plan, variance applications due by 9:00 a.m. on Tuesday, May 26, 2015 NEXT CITY COUNCIL MEETINGS Thursday, May 14, 2015 Informal Regular Scheduled Meeting Thursday, May 28, 2015 Regular Scheduled Meeting 7:00 P.M. 7:00 P.M. 5:30 P.M. 7:00 P.M. 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 180. Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org. CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES APRIL 1, 2015 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan and David Schindler. Members Absent: None Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Engineer Colin Manson, Planner Kathy Bodmer and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES MARCH 18, 2015 Chair Melander asked if there were any changes to the minutes. Community Development Director Bruce Nordquist stated a revised copy of the minutes had been distributed to the Commission. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, approving the revised minutes of the meeting of March 18, 2015. Ayes 6 - Nays — 0. 4. CONSENT ITEMS A. Set public hearing for May 6, 2015, 7:00 p.m. to consider rezoning of two properties: Outlot C, Valley Business Park and 5751 - 150th Street W. from "A" (Agricultural) to "BP" (Business Park). PETITIONER: City of Apple Valley MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin. adopting resolution setting a public hearing For May 6, 2015, to consider the rezoning of the following properties from "A" (Agricultural) to "BP (Business Park) for consistency with 2030 Comprehensive Plan designation of "IND" (Industrial): a. Parcel 1: Outlot C, Valley Business Park b. Parcel 2: 5751 — 150th Street W. Ayes - 6 - Nays — 0.. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 1, 2015 Page 2 of 3 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS A. Schesso/Hine Fence Variance — Request for a variance allowing for increase in fence height from 3.5 feet to 6 feet where a fence is located along a rear property line, which constitutes the side lot line of an abutting lot. (PC15-12-V) LOCATION: 14334 Embry Path PETITIONER: Troy Schesso and Lisa Hine Planner Kathy Bodmer stated the applicant is requesting a variance to the maximum height of a fence from 3.5' to 6' within a 17' sight triangle where a rear yard abuts a neighbor's side yard, based upon the practical difficulty that they need to have a six foot (6') fence for a dog and that extending the fence around the corner would allow them to preserve one of four mature evergreen trees on the northeast comer of the property adjacent to Ebony Lane. The Staff reviews variance applications based strictly upon the requirements of the state statutes and the City Code which require that the applicant establish that there are "practical difficulties" present in order for a variance to be granted, and that logical alternatives are not available. The definition of a practical difficulty is the following: the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. The City Code also states that economic considerations alone do not constitute practical difficulties. Because the owner has options other than a variance, staff is not recommending approval of the variance. She stated the applicants wish to extend their 6' privacy fence along the side and rear lot line. However, while the petitioners' fence would be located along their property's rear lot line, it would be located along the side lot line of the neighbor's property to the north. The zoning code states, when a property's rear lot line constitutes the side lot line of the neighbor's property, that the height of a fence within a 17' triangle area may not exceed 3.5' in height. The previous owner of the property installed a 6' privacy fence along Ebony Lane and terminated it when it reached the 17' sight triangle. In its place, the previous owner installed four evergreen trees which are now over 20' tall. The current owners wish to extend the 6' privacy fence along the side lot line around the corner and around the rear lot line. This requires a variance from the fence height requirement through the 17' sight triangle. In the future, the owners plan to construct a detached garage on the northwest corner of the property with a driveway access on the northeast corner of the property off of Ebony Lane. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 1, 2015 Pae 3 of 3 The owners have two alternatives available which would allow them to avoid a variance: the first would be to simply reduce the height of the fence and make it 3.5' tall within the 17' triangle. The rest of the fence could be 6' tall. The petitioners state that the fencing is for a dog and that the shorter fence is not an option for them. The second alternative would be to angle the fence so that the 17' sight triangle remains open. The owners state that angling the fence would require the removal of the mature evergreen trees Located in the corner. They state that the variance would help them to keep one of the existing mature trees. Without the variance, all of the trees would likely need to be removed to angle the fence. The primal.): concern the City has regarding fence heights in the 17' sight triangle vvould be ensuring that the neighbor can see safely to exit his/her driveway. In this case, the driveway is on the other side of the neighbor's lot. In addition, the 20'- trees are a larger obstruction to the view than a 6' fence would be. The variance would not impact the neighbor's visibility. The neighbors have submitted a letter in support of the requested variance. Troy Schesso and Lisa Hine. 14334 Embry Path, pro\ ided additional information Discussion followed. The variance request was tabled by the applicants and they will work with staff. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday. April 15, 2015, at 7:00 p.m. A worksession for Vitalocity would be a presentation on strategies for an aging -friendly community. 8. ADJOURN HENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan to adjourn the meeting at 7:34 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, I Murphy, PlanningOepart i en t Assistant Approved by the Apple Valley Planning Commission on City of Apple Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 5A May 6, 2015 Public Hearing PROJECT NAME: Outlot C/Community Cares Property Rezoning PROJECT DESCRIPTION: Rezone two properties from "A" (Agricultural) to "BP (Business Park) for consistency with 2030 Comprehensive Plan designation of "IND" (Industrial) STAFF CONTACT: Margaret Dykes, Planner DEPARTMENT/DIVISION: Community Development Department APPLICANT: City of Apple Valley PROJECT NUMBER: 1 PC15-15-Z Action Requested • Open the public hearing, receive comments, and close the hearing. It is the policy of the Commission not to act on an item the same night as its public hearing. Project Summary/Issues In 1994, the Apple Valley Economic Development Authority (EDA) acquired a 28 -acre site generally located northwest of the intersection of Pilot Knob and County Road 42 from L.G.S. Concord/ Citizens Utility to facilitate the creation of a business park. This 28 -acre parcel, now called Valley Business Park, was platted in 1999. Immediately to the south of Valley Business Park is a 3.54 -acre unplatted parcel that had been an old fannstead. The property is now owned by Community Cares, Inc. (5751 150th Street W.). Adjacent to the Community Cares site is a 0.18 -acre Outlot C owned by the Apple Valley Economic Development Authority. Both properties are guided "IND" (Industrial), but zoned "A" (Agricultural). State statute (Minn Stat 473.865, Subd. 3) states that if the zoning of a property conflicts with a comprehensive plan as the result of an amendment to the plan, the zoning regulation shall be amended so as to not conflict with the comprehensive plan. The City Attorney has stated that the City should ensure that the zoning of property be consistent with its Comprehensive Plan designation. The surrounding properties, consisting of approximately 40 acres in total area, are zoned "BP" (Business Park). The City Attorney advised that rezoning the subject properties to `BP" is necessary by state law. Budget Impact None noted at this time. Attachment(s) 1. Area Map 2. Comprehensive Plan Map 3. Existing Zoning Map 4. Proposed Zoning Map 7. "A" Zoning Code uses 5. 2030 Comp Plan Excerpt - Industrial 8. "BP" Zoning Code uses 6. Properties Zoned "Agricultural" OUTLOT C/COMMUNITY CARES PROPERTY REZONING PROJECT REVIEW Existing Conditions Property Location: Generally southwest of Energy Way and Pilot Knob Road Legal Description: Parcel 1 01-81100-00-030 (0.18 acres) (Owned by Apple Valley EDA): No address assigned. Outlot C, Valley Business Park. Parcel 2 01-02600-76-020 (3.54 acres) (Owned by Community Cares, Inc.): 5751 l50`' Street W. That part of the East One Half of the Southeast quarter of Section 26, Township 115, Range 20, Dakota County, Minnesota, described as follows: Commencing at a point 264 feet east of the Southwest Corner of the East One Half of the Southeast quarter of said Section 26, thence northerly a distance of 165.00 feet; thence westerly a distance of48.00 feet, thence North 285.00 feet; thence East 360.00 feet: thence South 450.00 feet, more or fess to the south line of said Section 26; thence westerly along said south line a distance of 312.00 feet, more or less to the point of beginning. Comprehensive Plan Designation "MD" (Industrial) Zoning Classification Both parcels are zoned "A" (Agricultural) Existing Platting Parcel 1: Platted. Parcel 2: Unplatted. Current Land Use Parcel 1: Vacant. Parcel 2: Single family house currently unoccupied with accessory buildings Size: Parcel 1: 0.18 acres Parcel 2: 3.54 acres Topography: Relatively flat Existing Vegetation Moderate trees, lawn Other Significant Natural Features None identified Adjacent Properties/Land Uses NORTH Valley Business Park Comprehensive Plan "IND' (Industrial) Zoning/Land Use 'BP" (Business Park) SOUTH Fischer Aggregate mine and Residential properties Comprehensive Plan "MBC' (Mixed Business Campus) Zoning/Land Use Sand and gravel mine: "SG" (Sand & Gravel) Residential properties: "A" (Agricultural) EAST Knob Ridge Business Park Comprehensive Plan "IND" (Industrial) Zoning/'Land Use "BP" (Business Park) NEST McCormick Computer Comprehensive Plan 'IND" (Industrial) Zoning/Land Use `BP" (Business Park) Development Project Review: Comprehensive Plan: The site is guided -IND" (Industrial) in the Comprehensive Plan, which allows for offices, assembly, warehouse, manufacturing and other sitnilar uses within an enclosed building to limit the amount of dust, noise, odor, and other adverse impacts. Zoning districts allowed in areas guided in the Comprehensive Plan for industrial uses consist of "I-1" (Limited Industrial), "I-2" (General Industrial), and "BP" (Business Park). The section of the Comprehensive Plan pertaining to Industrial properties is attached. 2 H'.DEVELOPM+2015 Projects\AG Rezoning Consistency1050615 PC memot.docx There is no Comprehensive Plan category for agricultural uses. The City determined in previous Comprehensive Plans that Apple Valley is a developing suburban community, and agricultural land will be phased out as the land is redeveloped. The Agricultural designation had been removed when the 2020 Comprehensive Plan was adopted in 1999. When the 1979 Comprehensive Plan was adopted, there were 1,674 acres used for agricultural purposes. When the 2020 Comprehensive Plan was adopted in 1999, there were approximately 397 acres used for agricultural purposes. The 2030 Comprehensive plan, adopted in 2010, did not list any property as being used for agricultural purposes and did not discuss agricultural uses, though currently there are approximately 60 acres zoned agricultural. The subject properties are not used for agricultural purposes. The property owned by the Apple Valley EDA is vacant, and is an outlot of Valley Business Park, which was developed in the late 1990s. The Community Cares property is an old farmstead that had been used as a single family home, but evidence indicates the house has been unoccupied for at least two years. The property, which has three accessory buildings, is being used by the owner for the warehousing and distribution of bulk food. According to its website, Community Cares is a non-profit food bank that picks up and delivers food to more than 25 food shelves and churches in the seven -county Metropolitan area, as well as some locations outside of this area (www.commun itycaresmn.org). The City Attorney has advised that Minnesota statutes (Minn Stat 473.865, Subd. 3) require the zoning and Comprehensive Plan designation of a property be consistent. Because the Comprehensive Plan designates the subject parcels for industrial uses (and these properties are not currently used for agricultural or residential purposes), the zoning must be changed. Zoning: The subject parcels are zoned "A" (Agricultural). Currently, there are 22 parcels in the City that are zoned agricultural including the two subject properties. Of these 22 parcels, only one is used for commercial agricultural purposes, which is Pahl's Market. The attached chart lists the 22 properties, the current uses, and the existing Comprehensive Plan designation. Also attached is a full list of the permitted, accessory, and conditional uses allowed in the Agricultural district. In 2010, the City undertook the rezoning of 11 sites so that they would be consistent with the Comprehensive Plan designation. Agricultural properties were not rezoned at that time, with a few exceptions. It is staff's intention to rezone these properties before the next update of the Comprehensive Plan begins so that they are consistent with the current Comprehensive Plan. The surrounding properties, consisting of approximately 40 acres in total area, are zoned "BP" (Business Park). The City Attorney advised that rezoning the subject properties to "BP" is necessary by state law. The Business Park zoning allows for the following uses: Corporate offices, labs, research facilities, office with attached manufacturing, warehouse sales and showrooms (no retail food sales), storage facilities when contained inside a building, contractor's offices, and similar. A full list of all permitted, accessory and conditional uses allowed in the Business Park district is attached. Public Hearing Comments: To be taken. 3 H:1DEVELOPM12015 Projects\AG Rezoning Consistency1050615 PC memo l.docx IND V -44V TFVPPER147TH ii raw COMMUNITY CARES SITE qD OUTLOT CI COMMUNITY CARES COMP PLAN MAP OUTLOT C / COMMUNITY CARES EXISTING ZONING MAP OUTLOT C / COMMUNITY CARES PROPOSED ZONING MAP Proposed Zoning: "BP" (Business Park) City of Apple Valley 2030 Comprehensive Plan Industrial (IND) This category allows offices, assembly, warehouse, manufacturing and other similar activities within an enclosed building to limit the amount of dust, noise, odor and other adverse impacts. The current zoning district categories that regulate industrial uses include I-1, I-2 and BP. A limited percentage of floor space (10% of gross floor area) is permitted for retail activities accessory to the industrial uses. Use of the 1-2 zoning district will be phased out as redevelopment opportunities arise to comply with the industrial land use policies of this plan. The performance standards applicable to this land use category include: • Quality site design and building materials are expected to be used within this land use category to promote pleasing off-site ' ie\vs of the development; • This land use designation shall not be located adjacent to residential land uses unless a significant buffer which consists of distance, benning, heavy landscaping, decorative fences/walls or a combination thereof as determined by the arca characteristics is proposed and deemed adequate by the City. Loading and delivery areas shall be screened from off-site views; • Landscaping shall consist of aesthetic treatment to provide interruption of long building walls and to soften parking Iot areas; Exterior storage of materials and equipment shall be completely enclosed, or screened from all property lines by a fence or wall; • Traffic generation from development is not expected to be significant compared to other business land use categories; however, heavy vehicles such as trucks, etc. are characteristic of uses in this land use category. Space for truck and vehicle maneuvering needs to be planned fi>r these uses. Weekend trip generation from the site should be minimal; • Driveway access point to the development shall be from non -local streets or those designed for primarily non-residential traffic. No direct access to County Road #42 shall be allowed; and • Lighting is limited to parking lot and building illumination designed for employee safety. EXISTING PROPERTY ZONED "A" (AGRICULTURAL) Address / Property Location/ PID Use Acres (less ROW) Comprehensive Plan Designation 1 No address NW Corner Cedar Ave. & CR 46 (1601h St.) 01-03300-75-012 Vacant - ROW 0.88 "MD" (Medium Density Residential) 2 6885 160th St. W. 01-03400-76-020 Pahl's Market — Commercial agriculture .10.89 "MD" (Medium Density Residential) 3 6533 160th St. W. 01-03500-50-011 Homestead — former farmstead 5.11 "LD" (Low Density Residential) 4 15020 Galaxie Ave. 01-03400-03-011 Dakota Electric substation 1.07 "INS" (Institutional) 5 5720 150th St 01-03500-01-010 Single Family house 0.72 "MBC" (Mixed. Business Campus) 6 5702 150th St 01-03500-01-020 Single Family house 0.73 "MBC" (Mixed Business Campus) 7 4978 150th St 01-03600-03-011 Single Family house 2.39 "LD" (Low Density Residential) 8 4832 150th St 01-03600-05-020 Single Family house 0.94 "LD" (Low Density Residential) 9 15450 Dodd Blvd. SE corner of Eagle Bay Dr. & Dodd Blvd. 01-03600-26-010 Vacant — Proposed Cobblestone Lake 7th Addition 3.05 "P" (Park) & "MD" (Medium Density Residential) — to be rezoned "PD" (Planned Development) 10 5751 150th St. 01-02600-76-020 Warehouse — former farmstead (Community Cares) 2.92 _ - "IND" (Industrial) 11 No address Generally SW of Pilot Knob Road & Energy Way 01-81100-00-030 Vacant (EDA) 0.18 "IND" (Industrial) 12 13797 Diamond Path 01-02400-77-032 Single Family house 4.94 "LD" (Low Density Residential) 13 13785 Diamond Path 01-02400-77-020 Single Family house 5.50 "LD" (Low Density Residential) 14 13801 Diamond Path 01-02400-77-031 Single Family house 2.61 "LD" (Low Density Residential) 15 13540 Diamond Path 01-14100-01-010 Single Family house 1.36 "LD" (Low Density Residential) 16 No address 01-01600-51-015 Vacant — part of Single Family residence area 1.26 "LD" (Low Density Residential) 17 12294 Johnny Cake Ridge Rd. 01-01400-04-010 Single Family house 3.00 "P" (Park) 18 12150 Johnny Cake Ridge Rd. 01-01400-03-010 Lebanon Hills Park 4.62 "P" (Park) 19 No address 01-01400-25-020 Lebanon Hills Park 0.50 "P" (Park) 20 12079 Pilot Knob Road 01-01300-25-010 Lebanon Hills Park 4.96 "P" (Park) 21 12270 Johnny Cake Ridge Rd. 01-01400-05-010 Lebanon Hills Park 0.46 "P" (Park) 22 12439 Pilot Knob Road 01-01300-29-010 Lebanon Hills Park 1.34 "P" (Park) Total Acres: 59.53 CITY OF APPLE VALLEY ZONING CODE EXCERPT AGRICULTURAL DIS TR TCT § 155.020 PERMIT'IED USES. Within any agricultural district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (A) All types of agricultural pursuits including the keeping, raising or production of livestock and accessory farm residences; (B) Commercial greenhouses and nurseries; (C) Stands for the sale of agricultural products provided the products are at least in part raised on the premises; (D) One -family detached dwelling meeting the standards of the Uniform Building Code, placed on permanent foundation and having no horizontal axis less than 18 feet in length; and (E) Public parks and playgrounds. (`8I Code, § Al -28) (Ord. 29I, passed 4-21-83; Am. Ord. 465, passed 10-26-89) § 155.021 CONDITIONAL USES. Within any agricultural district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by a conditional use permit for: (A) Any conditional use in the R, single-family districts, as listed in § 155.052 and regulated therein; and (B) Riding stables, boarding stables, ski hills and similar uses. (`81 Code, § Al -28) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89) § 155.022 ACCESSORY USES. Within any agricultural district, any accessory use permitted in the R, single-family districts, as listed in § 155.053, shall be permitted. (`81 Code, § A1-28) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89) CITY OF APPLE VALLEY ZONING CODE EXCERPT BUSINESS PARK DISTRICT § 155.230 PURPOSE. Business park districts are designed for uses and businesses which provide and may combine office, corporate headquarters, research, light assembly, commercial recreation and storage within a building shell. The district requires a specific architectural concept plan, consistent with commercial buildings, as per § 155.346(D)(1), and a minimum of 40 acres. Without mitigation of impacts through requirements in this subchapter, these uses may be incompatible with residential development. Therefore, businesses in this zoning classification are concentrated, isolated and buffered as much as possible from any adjoining residential areas. (`81 Code, § A1-42.5) (Ord. 535, passed 2-27-92; Am. Ord. 637, passed 11-25-97) § 155.231 PERMITTED USES. Within any BP district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (A) Corporate offices or headquarters with associated marketing and research buildings in a campus setting; (B) Laboratories, research facilities and support offices as the principal use. Medical, professional and real estate offices and office uses which are less than 20,000 square feet in area shall only be permitted as a tenant in a building of at least 20,000 square feet or more in floor area; (C) Offices with attached manufacturing or warehouse combinations wherein manufacturing or warehouse space shall not exceed 90% of the floor area per occupant. Office space shall be placed in a location nearest to the customer entrance; (D) Warehouse sales or showrooms for furniture, carpets, rugs and similar goods that do not include retail food sales; (E) Storage facilities contained within a building and associated with the primary use or outdoor storage as a conditional use; (F) Animal hospitals or clinics with no exterior storage or animal runs; (G) Television, recording and radio studios and sound stages; microwave towers are subject to conditional use and tall broadcast towers are not permitted; (H) Trade schools and community colleges with no exterior storage or outside classrooms; and (I) Contractor's office, with indoor storage space not to exceed 90% of the floor area. (K) Pet spa or daycare, subject to the following: 1 CITY OF APPLE VALLEY ZONING CODE EXCERPT (1) Outdoor animal -relief areas, subject to a conditional use permit. (2) If located in a multi -tenant building, soundproofing shall be installed on all common walls between the daycare suite and adjacent suites within the building. (3) The overnight keeping of animals shall be allowed on a limited basis, and shall not exceed 35% of the number of' animals kept during the day. (4) No outdoor facilities, including runs, kennels or outdoor storage, shall exist. (5) A cattery or kennel shall not be allowed as part of a pet spa or daycare facility. (81 Code, § A1-42.5) (Ord. 535, passed 2-27-92; Am. Ord. 637, passed 11-25-97; Am. Ord. 821, passed 10-11-07) § 155.232 CONDITIONAL USES. Within any BP business park district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: (A) Outdoor climate, weathering, environmental exposure research or testing facilities, which shall be screened from view, and not exceed noise and air quality standards of PCA. This is intended to be a passive research or testing area with tested items to be anchored for exposure to climatic conditions; (B) Restaurant or cafeteria facilities associated with an internal to office facilities intended to serve only the employees of the facility; (C) Light fabrication/manufacturing when contained entirely within the building; (D) Swim and fitness clubs, tennis clubs, skating, exercise and similar commercial recreation facilities when contained within a building. An inflatable structure as an accessory building, may be used when setback a minimum of 250 feet from adjoining residential structures; (E) All building exterior finishes constructed other than to the standards set forth in § 155.346(D)(1), downtown commercial buildings, regarding exposed vertical exterior finish materials. Under no circumstance shall sheet or corrugated aluminum., iron, steel, asbestos, sheet plywood, plain or painted plain concrete block or similar materials be used; (F) BP zoning districts established with less than 40 acres; (G) Outdoor storage of materials, provided they are screened from view in a manner satisfactory to the City Council with a masonry fence matching the building materials of the primary building and that they storage area is located along an interior lot line, not abutting any public street; 2 CITY OF APPLE VALLEY ZONING CODE EXCERPT (H) Microwave towers only when associated with a studio broadcast facility, with a maximum height equal to the distance the tower is setback from the closest property line; and (1) Church or daycare uses, only when located in a multi -tenant building and when said uses occupy less than 50% in aggregate of the total floor space of the building. (1) Towers as regulated in § 155.385. (K) Outdoor overnight parking of vehicles; provided they are properly screened from view in a manner satisfactory to the City Council, and that no outdoor overnight parking of vehicles shall be allowed in parking areas located adjacent to residential areas. (L) Outdoor relief areas in conjunction with a pet spa or daycare operation, subject to the following requirements: (1) The outdoor relief area shall be properly screened in a manner approved by the city. (2) The exterior of the premises outside of the screened area shall be maintained in a clean and sanitary manner. (3) The outdoor relief area shall be for the use of dogs only. (4) No dogs shall remain unattended in the outdoor relief area. (5) The outdoor relief area shall not be used as an outdoor kennel, animal run, animal outdoor play area, materials storage, or any other use not specifically identified in the conditional use permit. (6) The outdoor relief area shall be maintained in a clean and sanitary condition at all times. (7) Solid waste material shall be removed a minimum of once per day, and disposed of in a sanitary manner. (8) A filtration bed shall be constructed to ensure that liquid waste will not enter into the ground or the city's storm water system. (9) Final plans for any outdoor relief area shall be reviewed and approved by city staff prior to any construction. (10) Pea gravel and lime shall be removed on an annual basis, and the city shall inspect the removal and replacement of the materials. (11) The outdoor relief area shall be maintained in clean and sanitary condition at all times. All solid waste must be removed a minimum of once per day, and disposed of in a 3 CITY OF APPLE VALLEY ZONING CODE EXCERPT sanitary sewer; and liquid waste shall be flushed with water and sanitized with an environmentally sensitive cleaning and sanitation product once per day. (11 Code, § A1-42.5) (Ord. 535, passed 2-27-92; Am. Ord. 637, passed 1 1-25-97; Am. Ord. 673, passed 5-25-00; Am. Ord. 760, passed 10-14-04; Am. Ord. 808, passed 4-26-07; Am. Ord. 821, passed 10-11-07) § 155.233 ACCESSORY USES. Within any BP district, the uses or uses deemed similar by the City Council as listed in § 155.093 shall be permitted accessory uses. (`81 Code, § A1-42.5) (Ord. 535, passed 2-27-92) § 155.234 ADDITIONAL REQUIREMENTS AND CONDITIONS. (A) Whenever a BP district abuts or is across the street from an R district or an M district, a fence or masonry wall, berm or compact evergreen hedge, or a combination thereof, not less than 50% opaque nor less than six feet in height shall be erected and maintained along all property lines or streets. (B) Loading docks shall not be permitted along the particular side of a building which faces a public street or an abutting R or M district. (C) The minimum size of a parcel or contiguous parcels to be rezoned as a BP district shall be 40 acres, unless the City Council approves a conditional use permit to allow for a lesser size. (D) When a parcel is designated for a BP district, the owner/applicant shalt submit a master plan illustrating the proposed lots and building locations. In addition, the owner/applicant shall submit a master architectural concept plan which illustrates a consistent use of exterior materials, as specified in § 155.346(D)(1), downtown eotnmerciaf buildings, heights and entry and loading door designs which shall be used as a guide in the development of each building in the district. (E) The minimum floor area of any building shall be 20,000 square feet. (`81 Code, § A1-42.5) (Ord. 535, passed 2-27-92; Am. Ord. 637, passed 11-25-97) § 155.235 MINIMUM STANDARDS AND REQUIREMENTS. (A) The minimum area standards and requirements set out in Appendix C shall be met. (B) No improvements shall be placed on the lands unless the lands to be so used or improved shall meet the minimum area and dimensional requirements. (1) See this chapter's Appendix C. 4 CITY OF APPLE VALLEY ZONING CODE EXCERPT (2) Maximum impervious surface, see § 155.350, (3) Screening, see § 155.348. (4) Landscaping, see § 155349. The minimum cost of landscaping materials shall be 2.5% of building value. (5) Parking, see §§ 155.370 through 155.379. (6) Building materials, see § 155.346. (11 Code, § A1-43) (Ord. 291, 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 446, passed 6-22-89; Am. Ord. 535, passed 2-27-92) 5 CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 6, 2015 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Tim Burke, Paul Scanlan and David Schindler. Members Absent: Ken Alwin and Keith Diekmann. Staff Present: City Attorney Sharon Hi11s, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy Bodmer, Planner Margaret Dykes, Assistant City Engineer Brandon Anderson and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. Community Development Director Bruce Nordquist introduced Assistant City Engineer Brandon Anderson. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 4 - Nays - 0. 3. APPROVAL OF MINUTES APRIL 1, 2015 Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of April 1, 2015. Ayes - 4 - Nays — 0. 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Outlot C/Community Cares Property Rezoning — Public hearing to consider rezoning of two properties from "A" (Agricultural) to "BP (Business Park) for consistency with 2030 Comprehensive Plan designation of "IND" (Industrial). (PC15-15-Z) LOCATION: Southwest of Energy Way and Pilot Knob Road PETITIONER: City of Apple Valley CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 6, 2015 Page 2 of 9 Chair Melander opened the public hearing at 7:01 p.m. Planner Margaret Dykes stated that in 1994, the Apple Valley Economic Development Authority (EDA) acquired a 28 -acre site generally located northwest of the intersection of Pilot Knob and County Road 42 from L.G.S. Concord/ Citizens Utility to facilitate the creation of a business park. This 28 -acre parcel, now called Valley Business Park, was platted in 1999. Immediately to the south of Valley Business Park is a 3.54 -acre unplatted parcel that had been an old farmstead. The property is now owned by Community Cares, Inc. (5751 - 150th Street W.). Adjacent to the Community Cares site is a 0.18 -acre Outlot C owned by the Apple Valley Economic Development Authority. Both properties are guided "IND" (Industrial), but zoned "A" (Agricultural). State statute (Minn Stat 473.865, Subd. 3) states that if the zoning of a property conflicts with a comprehensive plan as the result of an amendment to the plan, the zoning regulation shall be amended so as to not conflict with the comprehensive plan. The City Attorney has stated that the City should ensure that the zoning of property be consistent with its Comprehensive Plan designation. The surrounding properties, consisting of approximately 40 acres in total area, are zoned "BP" (Business Park). The City Attorney advised that rezoning the subject properties to "BP" is necessary by state law. Dale Runkle, representing Community Care and Joe Miller, commented that the property is currently being used for the Community Care food distribution and as long as it does not affect the use of the property they have no issue with the zoning change. Chair Melander asked Ms. Dykes if that use conflicts with the change in zoning and if there was a provision for grandfathering. Ms. Dykes answered that if the use operates as a warehouse and storage inside the building then it would be consistent with the zoning. There is no provision for grandfathering. City Attorney Sharon Hills clarified that the operation on the site is not consistent with Agricultural zoning now. Ms. Dykes commented that the zoning change to Business Park would bring the operation on the property into conformance. Chair Melander closed the public hearing at 7:09 p.m. Ms. Dykes stated this item would come back to the Planning Commission on June 3, 2015. B. Cobblestone Lake 7th Addition - Public hearing to consider subdivision of approximately 3.7 acres of property for the purpose of constructing 37 townhomes; and the completion of a Comprehensive Land Use Map amendment and rezoning. (PC15-13-ZSB) CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 6, 2015 Page 3 of 9 LOCATION: Northeast corner of Eagle Bay Drive and Dodd Boulevard PETITIONER: South Shore Development, Inc. Chair Melander opened the public hearing at 7:10 p.m. City Planner Tom Lovelace stated the property is currently Comp Plan guided "P" (Parks and Open Space) and "MD" (Medium Density Residential /6 -12 units per acre). In 2005, the petitioner submitted an application requesting a re -designation of this property to "MD" (Medium Density Residential) as part of a 30—unit townhouse development. On June 23, 2005, the City Council approved the submittal of the Comp Plan amendment to the Metropolitan Council for their consideration and on August 1, 2005, the Met Council approved the amendment. No final action by the City Council was taken on the proposed amendment because the petitioner withdrew their request. Rezoning the property from "A" (Agricultural) to "PD 703 /zone 9" (Planned Development), a new subzone classification that would allow for multi -family townhomes as a permitted use, would be required. This new planned development zone would be part of the Cobblestone Lake development. Approval of this new subzone would require the preparation of ordinance amendments that identify the proposed use as well as the area requirements and performance standards for the future subzone. The rezoning was also considered in 2005, and the Planning Commission recommended approval to the rezoning to "PD 703 /zone 9 ", conditioned upon approval of the Comp Plan re -designation. 155th Street West, west of Fagle Bay Drive is a four -lane divided roadway with left and right—turn lanes. Just east of the Eagle Bay Drive intersection, the street turns into Dodd Boulevard. The street at that location loses a thru lane each way and no turn lanes have been installed. Because of the volume of traffic, this street carries and loss of lanes east of Eagle Bay Drive. staff is recommending that right turn lanes be installed at the two entrances into the development. A sidewalk connection should be made along the south side of the northerly intersection to the Dodd Boulevard pathway. Staff is also recommending that a sidewalk connection be made to the pathway located in the Apple Valley East Park. Staff is recommending that a masonry treatment be added to help add more variety to the exterior. The petitioner also should investigate the incorporation of such things as bay windows, decorative sills and headers, window shutters. and width of the lap siding to help break up the massing of the buildings. Commissioner Scanlan inquired if w i th the steepness in grade in the southwest corner if there was an opportunity for a sidewalk to be added as a connection to the lake so this area is not so isolated as it would be a part of the planned development of Cobblestone Lake. Mr. Lovelace answered that he could talk to the developer. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 6, 2015 Page 4 of 9 Chair Melander asked if these sidewalks would be part ofa homeowners association that could maintain sidewalks. Mr. Lovelace answered that since this is a townhouse development it would be part of an established association that would maintain sidewalks, roads and landscaping. Rob St. Sauver, Tradition Development, commented that the sidewalk could be a challenge because of the grade, property ownership and the gas line easement that runs through there. He said he would follow all guidelines in the Cobblestone Lake area and would work with staff on elevations. Kay Seelhoff, 15606 Eagle Bay Dr., commented she is feeling impacted by this development. For nine years she has looked at this gorgeous hill and it has an emotional issue for her. She expressed concern for the property that could be graded down to her level. The whole hill would be lost and she would be looking at the back of these houses. Mr. Lovelace stated the units facing her property would be the front of the buildings not the back. Mr. St. Sauver commented that the grading would be about 20 feet of elevation change. Commissioner Scanlan asked if a visual could be available at the next meeting for the residents that would show a rendering coming from the south. Mr. St. Sauver said he could provide a cross-section. Beth Lambert, 15610 Early Bird Circle, expressed concern about this proposal with the density. She said she was told by a realtor that this particular land was zoned for green space. She asked what the advantage was to crowding units in there. She would like whoever makes this decision to go to the area and walk the neighborhood. She asked what the process was from here. Chair Melander answered that the Cobblestone development goes back about 12 years and the original plans were for more density than what is exhibited right now. He said from the Planning Commission standpoint he did not remember saving out an area to be a nice little green park or anything like that. It was planned to be built out long ago. Ms. Lambert said she may have misspoken. She commented that the realtor told her that if anything was going to be built there it was going to be ecologically sound good single-family homes. Chair Melander stated the Commission has no control over what a realtor says. Ms. Lambert said she understands that but questioned if the realtor was not correct that the land was zoned for single-family residences. Mr. Lovelace commented that part of the request was to rezone the property from Agricultural to this planned development that would allow for townhomes and a portion of this land was already zoned for medium density residential. The Comprehensive Plan designation was medium density CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 6, 2015 Page 5 of 9 residential already and the other portion was guided for parkland. He stated the Planning Commission makes a recommendation to the City Council and the City Council makes the final decision to approve or deny the project. Commissioner Scanlan addressed Ms. Lambert's concerns adding that all of Cobblestone has a set of build standards for their community. The standards that her home was built are going to be the same standards that these units are going to have to be built. She can be assured that they will be of similar quality of build that it is not gain.; to be anything less than what her home was already built to the standard. Chair Melander closed the public hearing at 7:39 p.m. 6. LAND USE/ACTION ITEMS A. Schesso/Hine Fence Variance — Request for a variance allowing for increase in fence height from 3.5 feet to 6 feet where a fence is located along a rear property line. which constitutes the side lot line of an abutting lot. (PC15-12-V) LOCATION: 14334 Embry Path PETITIONER: Troy Schesso and Lisa Hine Planner Kathy Bodmer stated the applicants, Troy Schesso and Lisa Hine, 14334 Embry Path, are requesting a variance to the maximum height of a fence from 3.5' to 6' within a 17' triangle where a rear yard abuts a neighbor's side yard, based upon the fact that allowing ibr a 6' tall fence would not impact the neighbor's visibility and is a reasonable use of the property. In addition, the variance would allow the petitioners to preserve one of four mature evergreen trees on the northeast corner of the property adjacent to Ebony Lane. The owners have two alternatives available to avoid the variance: the first would be to simply reduce the height of the fence and make it 3.5' tall within the 17' triangle. The petitioners state that the fencing is for a dog and that the shorter fence is not an option for them. The second alternative would be to angle the fence so that the 17' sight triangle remains open. The owners state that angling the fence would require the removal of four mature evergreen trees located in the northeast corner of their property. They state that the variance would allow them to preserve one of the existing mature trees, and because the neighbor's visibility is not impacted, it's a reasonable use of the property. The primary concern the City has regarding fence heights in the 17' sight triangle is ensuring the neighbors have adequate risibility to safely exit their driveway. In the Schesso /Hine case, the increased fence height variance would not impact the neighbor's driveway visibility, as the neighbor's driveway is 51' from the proposed fence location. The existing 20' + trees are a larger obstruction than a 6' tall fence would be. The neighbors have submitted a letter in support of the requested variance. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 6, 2015 Page 6 of 9 Two private utility pedestal boxes are located on the northeast corner of the property. Private utility companies have the right to remove any structures in the drainage and utility easement and would not be required to repair or replace the structure. MOTION: Commissioner Scanlan moved, seconded by Commissioner Burke, approving a variance allowing the maximum height of a fence to increase from 3.5' to 6' within a 17' sight triangle where a rear yard abuts a neighbor's side yard, subject to compliance with all City Codes and the following conditions: 1. The property owner shall construct the fence in a manner that allows a minimum clear access of 3' around the private utility pedestal boxes located on the northeast comer of the property. 2. The property owner shall install a minimum of one new tree to replace any removed trees. Ayes - 4 - Nays - 0. B. Eriksmoen Cottages Driveway/Garage Variance — Request for a variance to allow for the retention of a second attached garage and driveway as part of a conversion of a twin -home into a single-family dwelling. (PC15-21-V) LOCATION: 13980-82 Holyoke Path PETITIONER: Eriksmoen Cottages and Brett Foss City Planner Tom Lovelace stated a building permit had been issued that would allow for the conversion of an existing two — family home into a single - family home at 13980-82 Holyoke Path. The purpose of the conversion is to allow the structure to operate as a day-care home that would be operated by Eriksmoen Cottages, Ltd., a company that provides in home foster care. More specifically, the operator would provide services to individuals transitioning from institutional and supported living to independent living they may or may not have physical disabilities as well as the need for independent living skills. Their program allows each individual private space in which they can get used to their independence and communal space where they can work on skills with support from the company's team members who will be present 24/7. The subject property is currently occupied by a twin -home on a one -acre lot. The property is currently zoned "R -5" (Two- Family Residential), which allows for two-family dwelling and any permitted, conditional or accessory use in the "R", single family districts, as listed in §§ 155.051 through 155.053. This includes one -family detached dwellings and community-based family -care home, day-care home licensed under M.S. § 245.812, or a home for the care of the mentally or physically handicapped licensed by the state. The conversion of this structure to a single-family dwelling would be allowed by zoning, provided that the newly created single-family residential dwelling have only one attached garage and one driveway approach/driveway. Conversion of this building would require the removal of one of the driveways and the approach as well as alterations to one of the attached garages that would render it unusable for storage of passenger vehicles. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 6, 2015 Page 7 of 9 The applicant would like to keep both garages and driveways /approaches and has requested approval of a variance to do so. Their reasons are to "minimize the impact our program may have on the neighborhood in which it resides" and "maximize the access to natural community supports and resources of our participants". Variances may be granted from the strict application of the provisions of this chapter, and impose conditions and safeguards in the variances so granted, where practical difficulties result from carrying out the strict letter of the regulations of this chapter. Practical difficulties, as used in connection with the granting ofa variance, mean that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, would not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. The conversion of the two -home residence for the purpose of conducting a 24-hour care result from actions created by the applicant and it does not appear that granting the variance is necessary to alleviate a "practical difficulty" since there are not unique features to the property that would render the use of the property in a "reasonable manner ". Commissioner Burke asked if there was this request in the past. Brett Foss, owner of the property, said the hardship is when you get to handicapped accessibility and the maneuvering. They have the exact same setup in other jurisdictions and there are ramps put into a garage on one side to allow for the wheelchair accessibility and the other side is for a vehicle to come in or for storage. Parking is the biggest issue. Minnesota has six months of snow. When you have staff or staff turnover, a nurse coming in, case manager, handicap accessibility or van cominuin, everyone has to park on the street. To maneuver that is quite a difficulty. Another concern is if you are trying to transport somebody from one side of the duplex or now single-family home that is wheelchair handicapped accessible when it is 20 below in the middle of February and to get them from coming out through the one side exteriorly through a sidewalk because it is difficult to do it interiorly. There are four living arrangements and tour people using this as a residence. It is going to single-family because they are opening up a corridor but it is not single- family lifestyle living. There are four separate units of living with the potential that all four could be handicapped accessible. He expressed concern for where their vehicles could be parked. He lived there for 10 years. this was his home. He knows all the neighbors very well. He said he talked to two of the neighbors and they said if he needed a petition signed, they understand what is corning in there from a group home perspective. The} also understand that it would look a little bit silly and that is a separate issue. He commented this parking could really create an eyesore for the neighbors. He had both neighbors tell him that directly. He did not say to them anything about what he thought. 1t is kind of being approached in a multitude of facets. It is multiple hardships separate from what the eyesore to the community is. There is not a financial thing here for them that causes more or less or whatever. 100% are staff people and handicapped accessibility. If you have a van pull in, what are you going to do when you have a staff change and three cars parked there. They are all parked there on the street. When that plow comes by, he is not going to be CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 6, 2015 Page 8 of 9 happy and that is the biggest concern. It is not to have the other garage to park vehicles in. It is not for that aspect because no one living there would have a vehicle. Commissioner Scanlan asked how many vehicles would be looking at parked there on an average day. Mr. Foss answered it is the occasion when there might be a van come up. Ron Eriksmoen, Eriksmoen Cottages, answered there would be three staff working at this location most of the day, every day. Then possibly two on the overnights and others coming and going like case managers, supervisors, nurses and nursing staff. There is traffic. It is not a cost thing nor a functionally thing. He said if you want us to remove one of the garages, that is fine. It is not going to affect the operation of what we do. Removing the driveway would not affect it either. It will only affect the neighbors. We run other programs in this community and others and the number one thing neighbors do not like about that community residential setting is the traffic. When you have the ability to keep both driveways you keep all the traffic off the street. That is important to them because they do not want to impact the community. If the community can accept what is going on there they can accept the individuals in the home and it creates a better atmosphere for people that are living there. The whole point of their program is to reduce the impact and allow people to access community resources that could not before. Those are a couple reasons why they are asking for this variance. Parking in the garage, they do not need that. If they take the overhead garage door out and turn that space into a community space indoors for individuals, it is going to be a massive wall with a service door in it, facing the street. They will not be putting a lot of windows in dressing it up. It is not going to look the same as the unit right next door. They are identical properties and one will Iook distinctively different and why. He said those are big issues. The two driveways for the traffic are a huge thing and are an impact on the residents of your community. Mr. Foss commented that there are also visiting families that come in from time to time. Once again there is a parking issue in the middle of winter. The property is just where the road curves right there. There are literally two spots of parking there or otherwise it is in front of somebody else's house. Chair Melander asked for clarification if we say no, that rules are rules. Does it still work for you. Mr. Eriksmoen answered yes, they will make it work. It is not going to stop them from the actual operation but the handicap access for the individuals that would be living there, it is going to be a lot longer route out to the vehicle on the driveway that goes to the street. Where they have other properties that are similar to this have been reclassified as single-family and they were allowed to keep both driveways, one driveway is for parking and one driveway is for access. There is another impact to the individuals that are living there and that is the staff impact. The staff vehicles are in the way. They want the assistance but like to actually feel like they have their own home. Chair Melander asked Mr. Lovelace if this is different than the U-shaped driveway. Mr. Lovelace answered he would have to look back at the City Code. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 6, 2015 Page 9 of 9 Commissioner Scanlan asked if there were any parking restrictions on this street. Do they allow parking on both sides. Mr. Lovelace answered that it is a local residential street and parking would be allowed but no overnight parking. Commissioner Scanlan asked what would be the restrictions of them expanding one of the current driveways to allow for additional staff parking. Mr. Lovelace said he would have to look at the regulations as to what the maximum width would be related to this property. Chair Melander inquired if the maximum number of cars parked at a residence is still four cars besides what is in the garage. City Attorney Sharon Hills answered that is still correct and if they are going to convert to a single family house that they would need to comply with all the ordinances related to parking restrictions. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan to continue this request to another meeting. Ayes - 4 - Nays - 0. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, May 20, 2015, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler to adjourn the meeting at 8:09 p.m. Ayes - 4 - Nays - 0. Respectfully Submitted, Jo urphy, Planning Dep Depaiiiment rstant Approved by the Apple Valley Planning Commission on CITY OF APPLE VALLEY ORDINANCE NO. 990 AN ORDINANCE AMENDING THF, ZONING MAP BY REZONING CERTAIN LAND IN THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA \ 11FREAS, the Planning Commission of the City of Apple Valley held a public hearing on property described herein on May 6, 2015, as required by City Code Section 155.400(D), and W}IFREAS, on .lune 3. 2015, the Planning Commission recommended the rezoning as hereinafter described. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. The boundaries of the zoning districts established by City Code Section 155.006 are hereby amended by rezoning the following described property generally located southwest of the intersection of Pilot Knob Road and Energy Way from "A" (Agricultural) to "BP" (Business Park) in order to remove any inconsistencies between the comprehensive guide plan land use map, and the zoning map: TAX ID # ADDRESS LEGAL DESCRIPTION 01-81100-00-030 No address Outlot C. Valley Business Park (0.18 acres) assigned 01-02600-76-020 5751 150th That part of the East One Half of the Southeast quarter of (3.54 acres) Street W. Section 26, Township 115, Range 20, Dakota County, Minnesota. described as follows: Commencing at a point 264 feet east of the Southwest Comer of the East One Half of the Southeast quarter of said Section 26, thence northerly a distance of 165.00 feet; thence westerly a distance of 48.00 feet. thence North 285.00 feet; thence East 360.00 feet; thence South 450.00 feet, more or less to the south line of said Section 26; thence westerly along said south line a distance of 312.00 feet, more or less to the point of beginning. 2. This ordinance shall become effective upon its passage and publication. Passed this 11th day of June, 2015. ATTEST: Pa elate J. Gac < ette'r City Clerk 41 lom Goodwin, Acting Mayor AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF DAKOTA ) ss } Charlene Vold being duly sworn on an oath, states or atTirms that they are the Authorized Agent of the newspaper(s) known as: STW Apple Valley and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 06/19/2015 and the last insertion being on 06/19/2015. By: Authorized Agent Subscribed and sworn to or affirmed before me on 06/19/2015. V V Notary Public Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: S27.40 per column inch Ad ID 409152 CITY OF APPLE VALLEY ORDINANCE NO. 990 AN ORDINANCE AMENDING THE ZONING MAP BY REZONING CERTAIN LAND IN THE CITY OF APPLE VALLEY, DAKOTA COUNTY MINNESOTA WHEREAS, the Planning Commission of the City of Apple Valley held a public hearing on property described herein on May 6, 2015, as required by City Code Section 155.400(D), and WHEREAS, on June 3, 2015, the Planning Commission recommended the rezoning as hereinafter described. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Apple Valley, Dakota County, Min- nesota,that 1. The boundaries of the zoning districts established by City Code Section 155.006 are hereby amended by rezoning the following described property generally located southwest of the intersection of Pilot Knob Road and Energy Way from 'A" (Agricultural) to "BP" (Business Park) in order to remove any inconsistencies between the comprehensive guide plan land use map. and the zoning map: LEGAL DESCRIPTION Outlot 0, Valley Business Park That part of the East One Half of the Southeast quarter of Section 26, Township 115, Range 20, Dakota County, Minnesota, described as follows: Commencing at a point 264 feet east of the Southwest Corner of the East One Half of the Southeast quarter of said Section 26. thence northerly a distance of 165.00 feet; thence westerly a distance of 48.00 feet, thence North 285.00 feet; thence East 360.00 feet; thence South 450.00 Leet, more or less to the south line of said Section 26; thence westerly along said south line a distance of 312.00 feet, more or less to the point of beninrlinq. 2. This ordinance shall become effective upon its passage and publication. Passed this 11th day of June, 2015. /s/ Tom Goodwin Tom Goodwin, Acting Mayor ATTEST: /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Published in Apple Valley June 19, 2015 409152 ADDRESS No address assigned 15 E. EZ r s u, 7) TAX ID # 01-81100-00-030 0,18 acres 0 N 0 N O N U .1734 O STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Case Type; Other Civil Action to Compel Performance Minnesota Department of Agriculture, Court File No. 9/119al/ 0-31 //0 Petitioner, ORDER GRANTING MINNESOTA DEPARTMENT OF vs. AGRICULTURE'S PETITION TO COMPEL PERFORMANCE BY COMMUNITY Community Cares, Inc., . CARES, INC. AND JUDGMENT Respondent. This matter came before the Court on the Minnesota Department of Agriculture's ("MDA") Petition for the Court to Compel Performance by Community Cares, Inc. The matter was heard at the Dakota County Courthouse before the Honorable YG{.t e.-14, 4.1)a(-'�� _ on [ it . 2015 at ` ,_'G .cn. Petitioner appeared by its attorney, Aaiwti 14,'y ck--ur-ti Assistant Attorney General; .Respondent appeared ;An 1� rQ ft ,' i 42 `' ` Having considered the arguments of counsel and parties, all the files and records of proceedings herein, the Court makes the following Findings of Fact, Conclusi ons of Law, and Order for Judgment: FINDINGS OF .FACT 1. Community Cares, Inc. ("Community Cares") is a domestic nonprofit corporation that is active and in good standing with the Minnesota Secretary of State. 2. Minnesota Statutes section 28A.04, subdivision 1 mandates, in relevant part, that "[nio person shall engage in the business of manufacturing, processing, selling, handling, or storing food without having first obtained from the [MDA] a license for doing such business." Minn. Stat. § 28A.04, subd. 1. FILED FIRST JUDICIAL DISTRICT DAKOTA COUNTY, Court Admfnlstrstor OCT 01 2015 EXHIBIT 3. In 2014, Community Cares engaged in the food handling business at a facility located at 7870 215th Street West, .Lakeville Minnesota 55044 ("Lakeville Facility"). In 2015, Community Cares continues to engage in the food handling business at a facility located at 5751 150th Street, Apple Valley, Minnesota 55124 ("Apple Valley Facility"). 4. During a March 28, 2014 inspection of Community Cares' Lakeville Facility, the MDA determined that Community Cares was operating an unlicensed food business in violation of Minn. Stat, § 28A.04, subd, 1. Accordingly, on March 28, 2014, the MDA issued Community Cares a "Food Establishment Inspection Report" ordering Community Cares to, among other things, "[dliscontinue manufacturing, processing, selling, handling, or storing fond without having obtained a food license." 5. The MDA's "Notice of Inspection — Food Handler" form, which was provided to Community Cares along with the MDA's March 28, 2014 Inspection Report, notified Community cares that it had "20 days from the close of the inspection to appeal any issued orders 6. Community Cares failed to appeal the MDA's Food Establishment Inspection Report dated March 28, 2014. 7. During a July 8, 2015 inspection of Community Cares' Apple Valley Facility, the MDA determined that Community Cares continued to operate an unlicensed fond business in violation of Minn, Stat, § 28A.04, subd. 1. Accordingly, on July R, 2015, the MDA issued Community Cares a "Food Establishment Inspection Report" ordering Community Cares to, among other things, "[d]iscontinue manufacturing, processing, selling, handling, or storing food without having obtained a food license." 2 8. The MDA's "Notice of Inspection - Food Handler" form, which was provided to Community Cares along with the MDA's "Food Establishment Inspection Report" dated July 8, 2015, notified Community cares that it had "20 days from the close of the inspection to appeal any issued orders." 9. Community Cares Ailed to appeal the MDA's Food Establishment .Inspection Report dated July 8, 2015. 10. On August 26, 20] 5, MDA staff again inspected Community Cares' Apple Valley Facility and determined that Community Cares continued to engage in food handling without the required license. Accordingly, on August 26, 2015. the MDA issued Community Cares a third "Inspection Report" that once again required, among other things, that Community Cares "[c]ease and desist operating a food establishment without a license" pursuant to Minn. Stat. § 28A.04, suhd. 1. 11. Community Cares failed to appeal the Inspection Orders. CONCLUSIONS OF LAW 1, Community Cares .received proper notice of the issuance of the Inspection Orders and the right to request, administrative review of such orders, 2. Community Cares did not request administrative review of the Inspection Orders and therefore the requirement that it cease operating an unlicensed food business became a final order for which Community Cares can no longer seek judicial or administrative review pursuant to Minn. Stat. § 34A.08, subd. 1(b). 3, To date, Community Cares still has not obtained a food handler's license from the MDA. Additionally, to date Community Cares has not applied for such a license. 3 5. Community Cares continues to operate an unlicensed food business by storing and transporting food in violation of two previously -issued MDA orders and Minnesota's statutes and rules. 6. The Office of the Minnesota Attorney General is authorized to petition the district court on behalf of the MDA to request that the Court compel performance of an order, such as the inspection Orders, that was issued by the MDA. Minn. Stat, § 34A.04, subd 3; Minn. Stat. § 34A.09, subd. 2. In the event of such a petition, the Court "must require a defendant adjudged responsible to perform the acts within the person's power that are reasonably necessary to accomplish the purposes of the order," Minn. Stat. § 34A.09, subd. 2. WHEREFORE, IT IS HEREBY ORDERED: 1, In order to effectuate the requirements contained in the Inspection Orders, i.e. to get Community Cares to cease operating an unlicensed food business, this Court hereby requires Community Cares (and its President Joseph Miller) to immediately cease storing food, transporting food and/or otherwise operating a food business at the Lakeville Facility, Apple Valley Facility and/or any other place of business without first obtaining the proper MDA food handler's license. 2. This Court shall retain jurisdiction to resolve disputes that arise from this Order and to order such further relief as may be necessary to effect Respondent's compliance with this Order. 3. If the MDA becomes aware that Community Cares continues to operate an unlicensed food business, the MDA shall notify the Court, IJpon receipt of notice from the MDA, the Court shall issue an Order to Show Cause requiring Community Cares (and its 4 President Joseph Miller) to appear before; this Court at a date and time to be determined by the Court to show cause why a finding of contempt should not be made, THERE BEING NO JUST REASON FOR DELAY, LET JUDGMENT BE ENTERED IMMEDIATELY, Dated: ( H I1.1 5 County l Dakota 1J3Si1'IGI JUDGMENT HEREBY CERTIFY THAT THE ABOVE ORDER CONSTITUTES THE JUDGMENT OF THE COURT. DAKOTA COUNTY, CGURT ADMINISTRATOR BY: ' ', 6v-1,03: DEPUTY DATED: i O " State of Minnesota District Court Dakota County First Judicial District Court File Number: 19HA-CV-15-3140 Case Type: Civil Other/Misc. MAX HOLLISTER KIELEY MINNESOTA ATTORNEY GENERAL'S OFFICE 900 BREMER TOWER 445 MINNESOTA STREET STPAULMN 55101 Notice of: Filing of Order x Entry of Judgment Docketing of Judgment Minnesota Department of Agriculture vs Community cares, Inc. You are hereby notified that the following occurred regarding the above -entitled natter: X X An Order was filed on October 01, 2015. Judgment was entered on October 01, 2015. You are notified that judgment was docketed on at in the amount of $. Costs and interest will accrue on this amount from the date of entry until the judgment is satisfied in full. Dated: October 1, 2015 Heidi Carstensen Court Administrator Dakota County District Court 1560 Highway 55 Hastings MN 55033 651-438-8100 cc: R GLENN NORI) A true and correct copy of this Notice has been served pursuant to Minnesota Rules of Civil Procedure, Rule 77.04. MNC[S-CIV-142 STA'It Notice, Rev. 09/2013 MINNESOTA DEPARTMENT Page 1 of 2 General Regulatory Inspection Minnesota Department of Agriculture Food and Feed Safety Division 6512016027 625 Robert ST N Saint Paul, MN 55155-2538 No. Of Risk Factor/intervention Violations NIA No. Of GRP Violations 1NIA Start Date: 7/812015 End Date: 7/8/2015 Inspection ID : 15742 Establishment: COMMUNITY CARES Address: 5751 150th St CitylState: Apple Valley, MN Zip: 55124 County: Dakota License&Permit#: License Holder: COMMUNITY CARES INC Inspection Reason: Investigation Risk Category: Medium Risk Telephone: 6127906395 Regulatory Actions 57. Additional Regulatory Actions Out Item Number Violation of Code 57. MS 31.02, 34A.02 57. MS 34A.06 Subd.1(a), 28A.04 57. MS 34A.11 Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below Comment Correct By Date Repeat Violation Discontinue the adulteration of food as defined in MN Statute 34A.02. 7/8/2015 Boxed produce items, ambient dry goods, frozen and refrigerated food items in walk-in coolers and on trailers were produced, prepared, packed, or held under unsanitary conditions whereby they may have become contaminated with filth, or whereby they may have been rendered diseased, unwholesome, or injurious to health due to condensate in truck storage and exposure to outside elements including pests. (Observed excessive condensate on the ceiling of the frozen trailer which was noted dripping condensate on the exterior boxes of packaged food products. Facility warehouse noted with overhead garage door left wide open to outside elements, and food products noted stored on the floor in the warehouse.) Cease and desist operating a food establishment without a license. 7/8/2015 (Discontinue operating your food facility without an approved food license issued by the Minnesota Department of Agriculture. This facility is unfit to be licensed, specifically, lacks approved water and sewage. Facility warehouse and trailers do meet minimum Good Manufacturing Practice, 21CFR110 (GMPs) requirements.) EMBARGO NOTICE - Under the authority of Minnesota Statutes sections 7/8/2015 31.09 and 34A.11, MDA notifies you that an embargo is placed this day on the foods referenced in this report. The owner/agent must segregate and otherwise identify the products so they are not moved, sold, shipped or otherwise disposed of until released by Court Order or by order of the Commissioner of Agriculture, or his authorized agent or inspector. (All foods located on this premises including food located in the garage and in associated trailers (4 trailers) are under embargo. Embargo stickers were placed on products and photographs were taken on 718115.) Additional Notes Page 2 of 2 A Notice of Inspection was issued on 7/8/15 to Mr. Kurt Gerlach. Mr. Gerlach identified himself as a friend of the most responsible person and was the most responsible person on-site. Upon reviewing public records at Apply Valley City Hall it came to our attention that this location was occupied by Community Cares Inc. Mr. Joe Miller was listed as President of Community Cares, Inc. Community Cares, Inc was known by the Minnesota Department of Agriculture and previously held a wholesale food handler license. Inspector Anderson and Compliance Officer Roettger were accompanied to the firm by Apply Valley police officers. Upon arrival at the facility we noticed vehicles identified as Community Cares and observed food stored in an open garage in plain view. Inspector Anderson and Compliance Officer Roettger identified themselves and showed credentials to Mr. Kurt Gerlach who as the only identified occupant at the facility. Mr. Roettger left a voice mail with Mr. Miller on 7/8/15 at approximately noon. Mr. Gerlach stated that he was able to reach Mr. Dan Harjo who is a volunteer with Community Cares. Mr. Roettger contacted Mr. Harjo (651-775-1389) at approximately noon and he agreed to meet inspectors at 1:30pm to continue the inspection. A notice of inspection was issued to Mr. Danny Harjo, Board member of Community Cares, Inc. Mr. Harjo accompanied inspector Anderson and Compliance Officer Roettger during the afternoon inspection and embargo. Mr. Harjo stated he understands that embargoed food products are not to move from the facility. Truck seals attached: #3318 & #3280 on stationary non-mobile freezer containing chicken and pork - truck is full roughly 8,000 lbs; #3309 - Pizza truck (MN W5393K '09 registration)- full of fish, pork and chicken - approximately 12,000 lbs, #3362 - County Joe Truck (MN P3251 license plate) - 2 pallets (bulk flour, beans and bread) approximately 500 lbs, #3319 -18 wheeler approximately 18, 000 lbs (MN 97019 license plate). Embargo stickers were placed on 2 walk-in coolers, 1 reach in cooler and ambient food storage in the garage. Photographs were taken and truck seals were placed on the food trailers during embargo. Firm may contact Food Compliance Officer Mr. James Roettger at 612-201-6622 with any questions regarding inspection and embargoed food products. Visit Date Person In Charge 7/8!2015 Kurt Gerlach (Continuing Insp.) 7/8/2015 Danny Harjo 7/812015 Kurt Gerlach (Continuing Insp.) 7/8/2015 Danny Harjo Person In Charge Sig. Sig Date Inspector 7/8/2015 Jim Roettger 7/8/2015 Jim Roettger 7/8!2015 Stephanie Anderson 7/8/2015 Stephanie Anderson Inspector Signature Sig Date Time In Time Out 7/8/2015 11:40 AM 12:28 PM 7/8/2015 1:30 PM 3:02 PM 7/8/2015 11:40 AM 12:28 PM 7/8/2015 1:30 PM 3:02 PM in accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can calf the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider. AG -03210 05/14/13 MINNESOTA DEPARTMENT AGRICULTURE Page 1 of 1 General Regulatory Inspection MFnnesota Department of Agriculture Food and Feed Safety Division 6512016027 625 Robert ST N Saint Paul. MN 55155-2538 No. Of Risk Factor/Intervention Violations NIA No. Of GRP Violations 1NiA Start Date: 7/13/2015 End Date: 7/13/2015 Inspection ID: 15823 Establishment: COMMUNITY CARES Address: 5751 150th St City/State: Apple Valley, MN Zip: 55124 County: Dakota Lice nselPermit#: License Holder. COMMUNITY CARES INC Inspection Reason: Investigation Risk Category: Medium Risk Telephone: 6127906395 Regulatory Actions 57. Additional Regulatory Actions Out, R Item Number Violation of Code Observations and Corrective Actions Violations cited in this report must be corroded within the timeframes below Comment Correct By Date Repeat Violation 57. MS 34A.11 EMBARGO RELEASE - The Embargo dated 7/8/15 and placed by 7/13/2015 Yes Stephanie Anderson and James Roettger under authority of Minnesota Statutes Sectior 31.09 & 34A.11 or MN Rule 4626.1805 with product located at 5751 150th St Apple Valley. MN 55124 is hereby released with product disposition referenced in this report. (Two door glass reach in refrigerator in the garage was released for personal use. Food products stored in the reach in cooler were volunteers personal food items. Content of reach in cooler was 36F.) Additional Notes A Notice of Inspection was issued on 7/13/15 to Mr. Joe Miller, President. Food inspector Stephanie Anderson and Food Compliance Officer James Roettger from the Minnesota Department of Agriculture conducted a follow-up inspection to determine the condition of the embargoed food product at the firm on 7/13/15, The embargo remains in affect as placed on 7/8/15 from the Minnesota Department of Agriculture. No foods may be moved with out prior consent from the Minnesota Department of Agriculture. Freezer trailer and non-mobile freezer unit contained mixed boxes of retail meats (bacon, chicken, pork chops, hot dogs, corned beef, hamburger, smoked pork hocks, whole chickens, split chicken breasts, and seafood items). Majority of the boxes were noted in good condition and useable. Semi trailer with produce items was noted not running during inspection on 7/13/15. Mr. Joe Miller contacted Thermo King to get the refrigerated unit on the trailer working. Per the firm it was noted that a fuse was blown on the refrigerated unit. The firm was going to purchase a fuse for the trailer on 7/13/15. Mr. James Roettger took external product and trailer temperature during inspection. The access port of the trailer read 71.5F - 72.5F with an infrared thermometer. When the trailer doors were opened the interior of the head lettuce boxes read 67F with an infrared. The trailer contained musk melons, oranges, sliced potatoes, head lettuce, and apples. The produce trailer, freezer trailer and non-mobile freezer units were resealed with the following Minnesota Department of Agriculture red truck seals on 7/13/15; produce trailer - 1680, frozen meat trailer - 2754, non-mobile freezer unit - 2728. The Minnesota Department of Agriculture will return to the facility at a later date to accompany and oversee a different non-profit food organization take ownership of the current embargoed food product. Visit Date Person in Charge Person in Charge Sig. Sig Date 7/13/2015 Joe Miller 7/13/2015 Joe Miller Inspector 7/13/2015 Jim Roettger 7/13/2015 Stephanie Anderson Inspector Signature Sig Date Time In Time out (}\- 1 .- 711312015 1:04 PM 2:18 PM. ,7 q `• 7/13/2015 1:04 PM 2:18 PM In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can call the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is en equal opportunity employer and provider. AG -03210 05/14/13 MINNESOTA DEPARTMENT > or AGRICULTURE Page 1 of 2 General Regulatory Inspection Minnesota Department of Agriculture Food and Feed Safety Division 6512016027 625 Robert ST N Saint Paul, MN 55155-2538 No. Of Risk Factorllntervention Violations NIA Start Date: 7/14/2015 End Date: 7/14/2015 Inspection ID : 15860 No. Of GRP Violations I NIA Establishment: COMMUNITY CARES Address: 5751 150th St City/State: Apple Valley, MN Zip: 55124 County: Dakota License/Permit#: License Holder: COMMUNITY CARES INC Inspection Reason: Investigation Risk Category: Medium Risk Telephone: 6127906325 Regulatory Actions 57. Additional Regulatory Actions Out. R Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below Item Number Violation of Comment Correct By Date Repeat Violation Code 57. MS 34A.11 CONDEMNATION 34A.11 - Food products are condemned, pursuant to 7/14/2015 Yes 34A.11. (Per a phone conversation between Mr. James Roettger and Second Harvest Heartland around 2pm on 7/14/15 it was determined that Second Harvest Heartland would be condemning the produce trailer that was picked up from Community Cares at 10:30am on 7/14/15 along with the refrigerated truck containing frozen meat items picked up around 12:30pm. Second Harvest Heartland stated that the produce trailer that was received this morning was completely moldy and the firm was not comfortable taking the dry food items from Community Cares as they are unsure of where the products were sourced from. The Minnesota Department of Agriculture Food inspectors placed all ambient food products from the garage storage facility into a large dumpster on 7/14/15. The product was denatured with vinegar, hot sauces, blue cheese and BBQ sauce in the dumpster. Photographs were taken of condemned and denatured product. Community Cares stated the dumpster would be picked up on 7/15/15. This product was also covered in a voluntary agreement between Minnesota Department Agriculture and Mr. Joe Miller and his attorney on 7/10/15. As 7/13/15 Minnesota Department of Agriculture was authorized per that agreement as of 9am to destroy, condemn product as they see fit. Since no charity was wiling to take food products, products were destroyed on 7/15/15. Photographs were taken during condemnation on 7/14/15.) 57. MS 34A.11 EMBARGO RELEASE - The Embargo dated 718115 and placed by 7/14/2015 Yes inspector Stephanie Anderson and Food Compliance Officer James Roettger under authority of Minnesota Statutes Section 31.09 & 34A.11 or MN Rule 4626.1805 , with product located at 5751 150th St Apple Valley, MN 55124 is hereby released with product disposition referenced in this report. (Second Harvest Heartland took a one semi trailer containing produce items, one frozen trailer containing meat items and one non- mobile frozen trailer containing meat items. Photos were taken during the release of embargo. The remaining ambient food items were released from embargo and discarded into a dumpster and denatured with vinegar on 7/14/15.) Additional Notes Page 2 of 2 A Notice of Inspection was issued on 7/14/15 to Mr. Joe Miller, Owner. Minnesota Department of Agriculture Food inspectors Ray Starin, Kip Fondrick, Stephanie Anderson, and Food Compliance Officer James Roettger conducted a follow-up inspection to release the embargo placed on food items on 7/8/15. All food products were relinquished to Second Harvest Heartland on 7/14/15. Second Harvest Heartland drove a semi tractor down to Community Cares to pick up a trailer containing refrigerated produce items on 7/14/15. Second Harvest Heartland returned to Community Cares around 12:30pm on 7/14/15 with a second truck to take the remaining frozen meat items and ambient storage items. The second truck was only able to hold the frozen meat items so it was determined that a third truck would be sent from Second Harvest Heartland to Community Cares to gather the ambient stored food products. Mr. James Roettger received a phone call from Second Harvest Heartland around 2pm. They stated they the produce trailer they received from Community Cares on 7/14/15 was completely moldy. They stated they would be destroying all produce and meat items and would not send a third truck to Community Cares for the ambient food products. Minnesota Department of Agriculture destroyed and denatured all ambient food products stored in the garage on 7/14/15. Photographs were taken of condemned and denatured food products. Approximately 30,000 pounds of food product was condemned and denatured by food inspectors on 7/14/15. Dick's Sanitation, Inc will return to empty the dumpster from Community Cares on 7/15/15 per Mr. Joe Miller. FOOD DISPOSALS Item Other Disposal Type Disposition Type Pounds Description LandFill Condemnation 30000.00 Meat, produce, dry goods Visit Date Person in Charge Person In Charge Sig. Sig Date Inspector Inspector Signature Sig Date Time In Time Out 7/14/2015 Mary Miller!},.11,„ 7/14/2015 Jim Roettger (\ (ti—'7/14/2015 9:38 AM 4:25 PM 7/14/2015 Mary Miller t v 0lb„, 7/14/2015 Kip Fondrick C/i /1y i s 7/14/2015 9:38 AM 4:25 PM 7/14/2015 Mary Miller y/YLv !},.IIN 7/14/2015 Raymond Starin 7/14/2015 9:38 AM 4:25 PM 7/14/2015 Mary Miller P`1,y1}, 11,, 7/14/2015 Stephanie Anderson `-7li 7/14/2015 9:38 AM 4:25 PM NJ .l �f In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by coiling 651/201-6000. TTY users can cal! the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider. AG -03210 05/14/13 MINNESOTA DEPARTMENT 71 OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Community Cares Photograph and Video Documentation License No: PENDING Address & City: 5751 15D'h Street, Apple Valley, MN Inspector: Raymond Starin #115 Inspection Date: 7/14/2015 Figure 1: A freezer trailer unit with several boxes of frozen meat vias npencd to unload and move to the Second Harvest cold truck using a skid loader to tnoNe products on pallets. Page 1 of 7 These photographs or video are a representation of all photos or video taken, See original file for full set of photo or video documentation taken during this inspection. z w oc a. w w o� oR „v �_ w CC ZL Z Q �O DAIRY AND FOOD INSPECTION Community Cares Establishment: LI) Raymond Starin 0 U 0 z • • N U) 0 Address & City: Ln 0 N h Inspection Date 0 C 8 rda MINNESOTA DEPARTMENT `/ OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Community Cares Address & City: 5751 150th Street, Apple Valley, MN Inspector: Raymond Starin #1 15 Inspection Date: Photograph and Video Documentation License No: PENDING 7/14/2015 Figure 3: Large amounts of frozen condensate can be seen along the top interior of the freezer trailer where frozen food products were stored. Page 3 of 7 These photogrrrph.s or video are a representation of all photos or video taken. See original file for, full set of photo or video documentation taken during this inspection. 0 $ -0 5 0 0 • c -C CDE 2 = / A O \ - 0 z LU LI -I - c < 0 LI -I E Z < \ DAIRY AND FOOD INSPECTION License No Community Cares Establishment: Raymond Starin #115 Address & City: \ % Inspection Date: 0 @ -o > g 0 _ as _ - m E _ ▪ U 0 LIJ cL H z H CG L D � < 0.o 11.1 / LU Z Z � \ DAIRY AND FOOD INSPECTION 0 0 2 ƒ License No: Community Cares Establishment: mond Starin #115 / 0 / £ 2 2 0 \ O 150th Street, A \ Address & City: Inspection Date: O a) > p y 41,3 T. CD LU � o p Q ❑ CL a. z C U H z CC CL LI] LIJ C2 © u U z� z< 5 DAIRY AND FOOD INSPECTION Community Cares Establishment: Raymond Starin #115 Address & City: Inspection Date: v^ a DAIRY AND FOOD INSPECTION z n z a_ License No: U E E 0 Establishment: Raymond Starin #115 50th Street, Apple Valley, MN ti Address & City: Q N_ Inspection Date: Minnesota Department of Public Safety Division: State Patrol Field Report Event Number P150432986 Case Number 15508884 I. pe of Report t tri estigatbe Report Agency Assisted DEPT OF AGRICULTURE Date 08-25-2015 Time 1459 Nature of Incident TRANSPORTATION OF HOT FOOD Disposition Other Count. HENNEPIN ('ft.;'1'ownship GOLDEN VALLE) Location II\%\ 100 \/B `a II\VV 55 GOLDEN VA.LEEV. Person I. pe. Driver Name MICHAEL. ROBERT DE). Date of I3irth 09-21-1977 D/L Number P086135071714 Address 19620 GARRETT AVE #109 C'it. /Statcl7ip code APPLE VALLE\, 11!\ 55124 i)71, Status , Valid 1lome Telephone Number Cell Phone Number Work Telephone Number Vehicle 1,icense Plate VBH4657 License State---1Make MN INTL Model TRUCE( Year 1999 G net- COMMUNITY CARES INC Address 2222 DODD BLVD City/Stale'/ip code LA1 EVILLE, MN 55044 Motor Carrier Name COAI\II'N1 FY CARES INC DC)I Number 02345618 Contact Name Horne Telephone Number Cell Phone Number Work- Telephone Number 1 612-790-6395 Person Type Victim Name J Date of Birth D/L NLimber Address City/State/Zip code D/L Status Not Applicable Home Telephone Number Cell Phone Number Work Telephone Number Vehicle License Plate License State Make Model Year Owner Address City/State/Zip code Home Telephone Number Cell Phone Number Work Telephone Number Person Type Victim Name Date of Birth D/L Number Address City/State/Zip code Home Telephone Number Cell Phone Number Work Telephone Number Person Type Not Applicable Name Date of Birth D/L Number Address City/State/Zip code Home Telephone Number Cell Phone Number Work Telephone Number Trooper/C Vl.: SGT. JOE 11EYMAN Badtic # 402 1 Narrative: On the above date and time I saw this truck driving north bound on Hwy 100 at Hwy 55 and I noticed there were no markings on the truck anywhere. I knew with my training and experience these size trucks are used for commercials business. I stopped this truck on the right shoulder just north of Hwy 55. I approached the driver and spoke to him quickly. He told me he as transporting food for a charity organization. I also noticed this truck had no cooling or refer attached to the track anywhere. I asked the driver to open the back door of the truck quick so I could look at the "food". I then saw milk, juice and all kinds of frozen and produce in the truck. There were no coolers, everything was out in the open except, they had a moving blanket over some of the food I think to keep it cool? My squad was showing the outside temperature to be 73 degrees. I then told the driver I wanted to do and inspection on his vehicle and to follow me to the next exit and will pull into the State Patrol District Office in Golden Valley. Once at the district office I started the Commercial Vehicle inspection process and I started looking closely and the food being transported. There was milk, juice, produce, meat pizza's, yogurt and a verity of other stuff. I took out my thermometer and took a couple temperatures, one reading of the gallon milk jugs was 53.7 (see picture below) 2 DUAL TF_Wgp 480 h DUAL !R MODE CE PROBE A I then took a temperature of some chicken at got a reading of 34 degrees (see picture below) 4 I then took the temp of the yogurt and got a temperature reading of 53.7 degrees (see picture below) During this inspection I called Jim Roettger from the Department of Agriculture he intern put me in contact with Carrie Rigdon from the Department of Agriculture. 1 explained what I had found and she told nye she wanted the entire load held for their department under authority MSS 31.8. She asked that I put a seal on the rear door aiyd then spoke to the driver of the truck and had told him to bring the truck back to the Apple Valley location and not to touch anything until they could look at it tomorrow. I put a Minnesota State Patrol seal # 2002925 on the rear door of this truck and couldn't secure the side door and there was no lock and appeared to be broken. I told the driver not to enter the rear of the truck through the side door. I finished my inspection, the inspection report number is MNOOWY000440 and the driver was cited for two violations, and given 5 warnings for things I found wrong with this truck. I also did this narrative report for the Department of Agriculture and sent all the pictures I had regarding this case to Carrie Rigdon. End of Report 5 MINNESOTA DEPARTMENT 07 AGRICULTURE Page 1 of 3 General Regulatory Inspection Minnesota Department of Agriculture Food and Feed Safety Division 6512016027r 625 Robert ST N Saint Paul, MN 55155-2538 No. Of Risk Factor/Intervention Violations N/A Start Date: 8/27/2015 End Date: 8/27/2015 Inspection ID: 16673 No. Of GRP Violations 1 NIA Establishment: COMMUNITY CARES Address: 5751 150th St City/State: Apple Valley, MN Zip: 55124 County: Dakota License/Permit-4: License Holder: COMMUNITY CARES INC Inspection Reason: Investigation Risk Category: Medium Risk Telephone: 6127906395 Regulatory Actions 57. Additional Regulatory Actions Out Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below Item Number Violation of Comment Correct By Date Repeat Violation Code 57. MS 31.09, Condemnation Notification: Under the authority of Minnesota Statutes 8/27/2015 34A.11 sections 31.09 and 34A.11 Subd 5, MDA notifies you that the following perishable food items including bread are condemned and are to be destroyed: (Approximately 1,000 pounds of perishable food items located in the blue truck with MN license plate number YBH4657 including the following food items, but not limited to; pizzas, salmon, beef, chicken, milk, yogurt, sour cream, cheese, corn, salad mix and oranges were voluntarily destroyed by the firm. The firm arranged for a garbage truck to take and compact the noted food items an site. The garbage truck arrived after 10:30am and the food product was unloaded from the truck and witnessed by the MDA Food inspectors to be compacted and destroyed. After the garbage truck left the firm decided to voluntarily discard 5 garbage size plastic bags and 3 paper bags filled with pre-packaged bread that were located in the same blue truck. These bags were removed from the truck and placed into a dumpster onsite. A MDA food inspector denatured the bread product voluntarily placed into the dumpster by pouring bleach over the all the bread products. Bags of floral bouquets were also removed from this blue truck and placed in the same dumpster as the bread.) 57. MS 34A.11 EMBARGO NOTICE - Under the authority of Minnesota Statutes sections 8/27/2015 Yes 31.09 and 34A.11, MDA notifies you that an embargo is placed this day on the foods, articles and/or equipment referenced in this report. The owner/agent must segregate and otherwise identify the products and equipment so they are not moved, sold, shipped or otherwise disposed of until released by Court Order or by order of the Commissioner of Agriculture, or his authorized agent or inspector. (The blue delivery truck with MN license plate number YBH4657, containing approximately 27 cases of non-perishable food products are under embargo. The side cargo door of the truck was sealed by the MDA food inspectors with tamper evident tape and embargo stickers. The rear door of the truck was sealed with a MN retained seal number 1621. The firm was offered to move all food from this truck and into another location on site and placed under embargo. It was discussed with the firm that method would allow the truck to be released from embargo, but the firm chose to let the product stay in the blue delivery truck and have it along with the food placed under embargo.) Page 2 of 3 Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below Item Number Violation of Comment Correct By Date Repeat Violation Code 57. MS 34A.11 EMBARGO RELEASE - The Embargo dated 8/26/2015 and placed by food 8/27/2015 Yes inspectors David Seipel and Raymond Starin under authority of Minnesota Statutes Section 31.09 & 34A.11 or MN Rule 4626.1805, with product and/or equipment located at 5751 150th Street, Apple Valley, MN 55124, only for product located in the blue truck with MN license plate number YBH4657 and with approximately 1,000 pounds of perishable food and 5 garbage sized plastic bags and 3 paper bags of bread are hereby released for disposition as referenced in this report. (The firm voluntarily agreed to dispose of only perishable food items, including bread in the blue truck with MN license plate number YBH4657. This product is identified for the Condemnation Notification as ft was voluntarily destroyed by the firm. All remaining non-perishable food items located in the blue truck with MN license plate number YBH4657 are kept under embargo and are referenced in the embargo notice. No other food, product, equipment, vehicles or facilities have been released from embargo.) Additional Notes A Notice of Inspection was issued on 8/27/2015 to Mr. Joe Miller, Founder of Community Cares. Minnesota Department of Agriculture Food Inspectors David Seipel and Raymond Starin conducted a follow-up inspection to the report issued to the firm on 8/26/2015 to release embargo on only perishable food items, including bread and placed under condemnation. The following samples/photos were obtained for documenting voluntary disposal of product and the firm's facilities and equipment: Photos of food being voluntarily disposed of compacted in a garbage truck and photographs of vehicles on site. An additional inspection may be conducted to assess compliance with orders issued. COMMENTS: 1. LSI (Lakeville Sanitary Inc.) arrived to compact and destroy approximately 1,000 lbs. food that was voluntarily discarded by the firm. 2. The firm voluntarily discarded 5 garbage size plastic bags and 3 paper bags filled with breads into a dumpster that was denatured with bleach. The dumpster on site that is maintained by Dick's Sanitation Inc. 3. Ms. Annie Schrader was on site to discuss claim to buns located in the blue and white garage walk-in cooler that were placed under embargo and the food in the blue garage chest freezer that were placed under embargo. Ms. Schrader was provided with MDA Project Consultant Carrie Rigdon's contact information to discuss and coordinate information regarding the food identified. 4. Except for what is placed under embargo, all other equipment, vehicles or facilities shall not be used should not be used for storage of food, or distribution of food. 5. Mr. Joe Miller stated that they no longer perform any activity with Community Cares Inc. located at 7870 215th Street West, Lakeville, MN 55044. Item Other Other FOOD DISPOSALS Disposal Type Disposition Type Pounds Condemnation Condemnation 120.00 Condemnation Condemnation 1000.00 Description placed in dumpster and denatured with betach Compacted on site in a garbage truck to accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can call the Minnesota Relay Service at 711 or 1-800-627-3520. The MDA is an equal opportunity employer and provider. AG -03210 05/14/13 Page 3 of 3 Visit Date Person in Charge Person In Charge Sig. Sig Date Inspector Inspector Signature Sig Date Time In Time Gut 8/27/2015 Joe Miller C -a 8/27/2015 David Seipel812712015 9:35 AM 1:20 PM 8/27/2015 Joe Miller e 1 r 8/27/2015 Raymond Starin 8/27/2015 9:35 AM 1:20 PM In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can call the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider. AG -03210 05/14/13 tt' Ni `i:S;7;r f. ;::i A /1 W"r;.N Page 1 of 2 General Regulatory Inspection Minnesota Department of Agriculture Food and Feed Safety Division 6512016027 625 Robert ST N Saint Paul. MN 55155-2539 No. Of Risk Factor/Intervention Violations N/A Start Date: 8126!2015 End Date: 5/26/2015 Inspection ID : 16657 No. Of GRP Violations I N/A Establishment: COMMUNITY CARES Address: 5751 150th St CitylState: Apple Valley, MN Zip: 55124 County: Dakota License/Permit#: License Holder: COMMUNITY CARES INC Inspection Reason: Investigation Risk Category: Medium Risk Telephone: 6127906395 Regulatory Actions 57. Additional Regulatory Actions Out Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below Item Number Violation of Comment Correct By Date Repeat Violation Code 57, MS 31.02, Discontinue the adulteration of food as defined in MN Statute 34A.02. 7/8/2015 34A.02 Perishable potentially hazardous foods that require refrigeration or freezing foods including but not limited to meat, pizzas, milk, yogurt, sour cream, salmon, chicken, beef, entrees such as chicken pot pies, and hot dogs were produced, prepared packed, or held under unsanitary conditions whereby they may have become contaminated with filth, or whereby they may have been rendered diseased, unwholesome, or injurious to health due to no mechanical refrigeration, (The firm's truck with Minnesota State license number YBH4657 was stopped by the Minnesota State Patrol on 8/25/2015 and was found to be distributing the perishable potentially hazardous foods that require refrigeration or freezing foods including but not limited to meat were, pizzas, milk, yogurt, sour cream, salmon, chicken, beef, entrees such as chicken pot pies, and hot dogs in a truck without any type of mechanical refrigeration. The product was found to be held at ambient temperatures exceeding refrigeration and frozen temperatures.) REPEAT ORDER- Previously issued on report dated 7/8/2015 with a comply by date of 7/8/2015. 57. MS 34A.06 Cease and desist operating a food establishment without a license. 7/8/2015 Subd.1(a), (Discontinue operating your food facility, firm operations, and food 28A.04 distribution without an approved food license issued by the Minnesota Department of Agriculture. This facility unfit to be licensed, specifically, lacks approved water and sewage.) REPEAT ORDER- Previously issued on report dated 7/8/2015 with a comply by date of 7/8/2015. 57. MS 34A.11 EMBARGO NOTICE - Under the authority of Minnesota Statutes sections 8/26/2015 Yes 31.09 and 34A.11, MDA notifies you that an embargo is placed this day on the foods, articles and/or equipment referenced in this report. The owner/agent must segregate and otherwise identify the products and equipment so they are not moved, sold, shipped or otherwise disposed of until released by Court Order or by order of the Commissioner of Agriculture, or his authorized agent or inspector. (All food located on Ihis premises including food located in the truck with Minnesota license plate number, YBH4657 with approximately 55 bags or cases of food product are placed under embargo. The approximately 35 boxes or cases of buns located in the walk-in cooler located in the firm's blue and white garage are placed under embargo. The cardboard tote filled with approximately 20 cases of pre-packaged Ranch and Italian dressings located in the firm's white stucco garage building north of the house on the property are placed under embargo. The firm's equipment of two refrigerated unit semi trailers with MN trailer licenses 2529 STA and MN 97019ST, the chest freezer of meat located in the blue garage and the empty operating walk-in cooler and the walk-in cooler with 35 boxes or cases of buns located the blue and white garage are placed under embargo.) Page 2of2 Additional Notes A Notice of Inspection was issued on 8/26/2015 to Mr. Joe Miller, President of Community Cares. Food inspectors David Seipel and Raymond Starin from the Minnesota Department of Agriculture conducted a investigation to follow up on a report from the Minnesota State Patrol about a truck with Minnesota license pate number YBH4657, that was stopped on 8/25/2015 and found to be distributing potentially hazardous perishable food and non-perishable food products. This truck was found to have food products with internal food product temperatures in excess of cold holding requirements with the example of milk with an internal temperature of 53.7F. During the inspection the MN State Patrol seal number 2002925 was removed by the MDA inspectors to inspect the trailer with permission from Mr. Joe Miller. The truck was found to contain perishable potentially hazardous foods that require refrigeration or freezing including but not limited to meat, pizzas, milk, yogurt, sour cream, salmon, chicken, beef, entrees such as chicken pot pies, and hot dogs. The truck was also noted to have non-perishable foods of but not limited to; pre-packaged juices and cheese curls. Mr. Joe Miller, President of Community Cares voluntarily agreed to dispose of all food contained within the truck with MN license number YBH4657. A means of disposal was not available during the inspection and was agreed upon with the MDA inspectors and Mr. Joe Miller to schedule a refuse company to arrive on 8/27/2015 at 10:OOam with a garbage truck to facilitate the voluntary disposal of the firm's food products. Food inspectors Dave Seipel and Raymond Starin placed embargos on 2 refrigerated trailer units. Trailer with MN license plate number 2529STA was sealed with MN retained seal number 1665 and the trailer with MN license plate number 97019ST was sealed with MN retained seal number 1746. The firm's two walk-in coolers in the blue and white garage were placed under embargo including the buns located in the walk-in cooler along the west wall of the garage. The chest freezer with frozen meat product in the blue shed was placed under embargo including the approximately 20 cases of Italian and Ranch dressing in the white stucco garage were placed under embargo. The inspectors placed the truck containing food with MN license plate number YBH4657 under embargo and sealed with MN retained tag number 1634. This truck's driver side door to access the truck cargo was also sealed taper evident tape and an embargo sticker. Photos of the firm's equipment, food, trucks, truck trailers, buildings and facilities were obtained for documentation in the report. An additional inspection may be conducted to assess compliance with orders issued. Item Location Milk/Dairy Other Chicken Other Salmon Other sour cream Other Pepperoni Pizza Other TEMPERATURE OBSERVATIONS Temp Other Location Description 87.80°F Truck with MN license plate number YBH4647 56.20°F Truck with MN license plate number YBH4647 69.30°F Truck with MN license plate number YBH4647 69.40°F Truck with MN license plate numberYBH4647 76,10°F Truck with MN license plate number YB1-/4647 °F Visit Date Person in Charge Person to Charge Sig. Sig Date Inspector Inspector Signature Sig Date Time In Time Out 8/26/2015 Joe Miller �p a 0 8/26/2015 David Seipel 8/26/2015 2:30 AM 7:25 PM Vry- 8/26/2015 Joe Miller (p- o - 8/26/2015 Raymond Starin Aogeol Okarn.8/26/2015 2:30 AM 7:25 PM In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can call the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider. AG -03210 05/14/13 MINNESOTA DEPARTMENT le co- AGRICULTURE Page 1 of 2 CMP Inspection Report Minnesota Department of Agriculture Food and Feed Safety Division 6512016027 625 Robert ST N Saint Paul, MN 55155-2538 No. Of Risk Factor/Intervention Violations N/A Start Date: 9/14/2015 End Date: 9/14/2015 Inspection ID : 16938 No. Of GRP Violations 1 N/A C Establishment: MILLER TRUCKING Address: 5751 150th St City/State: Apple Valley, MN Zip: 55124 County: Dakota License/Permit#: License colder: MARY MILLER Inspection Reason: Licensing Risk Category: Low Risk Telephone: GMP 21 CFR Part 101 - Food Labeling Food Labeling 101 Labeling In 21 CFR Part 110 - cGMPs General Provisions 110.10. Personnel In Buildings and Facilities 110.20. Plant and grounds In 110.35 Sanitary operations In 110.37 Sanitary facilities and controls In Equipment 110.40. Equipment and utensils In Production and Process Controls 110.80. Processes and controls In 110.93 Warehousing and distribution In MN Statutes Chapter 31- Salvors Regulation of Food Salvage Operations MS 31 Fond Salvors In Public Health Security and Bioterrorism Preparedness and Response Act of 2002 Bioterrorism Act BT Act Bioterrorism Act Records In Regulatory Actions 57, Additional Regulatory Actions Out Item Number Violation of Code Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below Comment Correct By Date Repeat Violation 57. MR 1550.0940 Maintain all food delivery equipment in a clean and sanitary condition.(Box 9/15/2015 truck MN license plate YBN8671 dirty floor channels during inspection. Firm stated they will bring the truck to a truck station to get the interior Flooring clean. Ms. Miller stated she would have someone bring the truck in for cleaning on 9114115.) 57. MS 28A.04 Submit a food handler license application with proper fees to the regulatory 9/14/2015 authority. (The firm completed a wholesale food handler license application and gave inspector Anderson a check for 5284.00 check number 11861. Inspector Anderson issued a temporary license/receipt # 15867 on 9114115. The firm is allowed to start operating as of 9/14/15.) Page 2 of 2 Item Number Violation of Code 57. MS 34A.11 Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below Comment Correct By Date EMBARGO RELEASE - The Embargo dated 8/26/15 inspection ID 16657 9/14/2015 issued to Community Cares, Inc and placed by Ray Starin and Dave Seipel under authority of Minnesota Statutes Section 31.09 & 34A.11 or MN Rule 4626.1805, with product and/or equipment located at 5751 159th Street, Apple Valley, MN 56124 is hereby released for disposition as referenced in this report. (Semi trailer with MN 9701AST seal #1446 and semi trailer MN 2529STA seal #1665 were released today, 9/14/15. These are the only items released from embargo.) Repeat Violation Additional Notes A Notice of Inspection was issued on 9/14/15 to Ms. Mary Miller, Owner. The firm is a vehicle based wholesale food handler dealing with donated prepackaged and food in case lot foods. The firm will be using 3 box trucks and 2 semi trailers. The firm completed and signed a limited licensing agreement as part of the licensing process on 9/14/15. The following vehicles were inspected: - MN YBH4657 box truck with cleanable finishes used for ambient products. - MN YBN8673 box truck with cleanable finishes used for refrigerated or frozen. No integral thermometer noted, Ms. will use a transportable thermometer. Truck doors were noted with "Community Cares" lettering. - MN YBN8671 box truck with cleanable finishes used for refrigerated or frozen. See order for cleaning. No integral noted, Ms. Miller stated she will use a transportable thermometer. Truck doors were noted with "Community Cares" 1 - MN 9701AST refrigerated or frozen semi trailer with integral thermometer. Seal #1446 was removed from the semi inspection on 9/14/15. - MN 2529STA refrigerated or frozen semi trailer with integral thermometer. Seal #1665 was removed from the semi inspection on 9/14/15. The firm is allowed to start operating as of 9/14/15. Miller stated she thermometer ettering. trailer during trailer during Visit Date Person in Charge 9/14/2015 Mary Miller 9/14/2015 Mary Miller Person In Charge Sig. oo.t �1 Sig Date Inspector 9/14/2015 Katherine Simon 9/14/2015 Stephanie Anderson inspector Signature Sig Date Time In Time Out 9/14/2015 12:07 PM 12:51 PM 9/14/2015 12:07 PM 12:51 PM In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can call the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider. AG -03210 05/14/13 r3 MINNESOTA DEPARTMENT AGRICULTURE Page 1 of 3 GMP Inspection Report Minnesota Department of Agriculture Food and Feed Safety Division 651 /016027 625 Robert ST N Saint Paul, MN 55155-2538 No. Of Risk Factor/Intervention Violations N/A No. Of GRP Violations IN/A Start Date: 4/12/2016 End Date: 4/12/2016 Inspection ID : 19593 Establishment: MILLER TRUCKING Address: 5751 159TH ST CitylState: APPLE VALLEY, MN Zip: 56124 County: UNKNOWN License/Permit#: 20169609 - Wholesale Food Handler License License Holder: MILLER MARY DBA Inspection Reason: Routine Risk Category: Low Risk Telephone: 3202508552 GMP 21 CFR Part 101 - Food Labeling Food Labeling 101 Labeling In 21 CFR Part 110 - cGMPs General Provisions 110.10. Personnel In Buildings and Facilities 110.20. Plant and grounds 110.35 Sanitary operations 110.37 Sanitary facilities and controls In In In Equipment 110.40. Equipment and utensils In Production and Process Controls 110.80. Processes and controls 110.93 Warehousing and distribution In In MN Statutes Chapter 31 - Salvors Regulation of Food Salvage Operations MS 31 Food Salvors In Public Health Security and Bioterrorism Preparedness and Response Act of 2002 Bioterrorism Act BT Act Bioterrorism Act Records Out Regulatory Actions 57. Additional Regulatory Actions Out Page 2 of 3 Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below Item Number Violation of Comment Correct By Date Repeat Violation Code BT Act PL 107-188 Maintain proper records in accordance with the Bioterrorism Act. 4/12/2016 (Mary Miller was asked to provide records documenting the receipt and delivery of all food for transactions for at least two years for review at the time of the inspection. Mary Miller provided the inspector with Driver's Vehicle Inspection Report log book that included the dates of 2-23-2016 through 3-24-2016. This log includes a temperature record taken during that day of the pick up or delivery. The firm also provided a log of incoming and outgoing food record for dates of 2/1/2016 through 4/10/2016 that includes a log of food picked up and dropped off. 57. MS 28A.10 The firm stated that other records are kept off site, dating back to sometime after September 14th, 2015. These records were found to be missing Spoonable Yogurt Grassmilk in 24 az plastic containers that were picked up by this firm's volunteer driver Murphy Cantrelle on 4-7-2016 from St. Vincent Church. These records are required by Bioterrorism Act and the firm's License Limitation Agreement with the Minnesota Department of Agriculture dated September 14, 2015.) Post the current food handler license in a conspicuous location. (During the beginning of the inspection Mary Miter was asked to provide the MDA wholesale food handler license. Mary Miller was unable to provide the MDA issued license during the inspection. Mary Miler stated the license was located off site at home. License posting requirements were explained to Mary Miller as it is required for review at the begining of the inspection.) 4/13/2016 Additional Notes In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can calf the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider. AG -03210 05/14/13 Page 3 of 3 A Notice of Inspection was issued on 4/12/2016 to Ms. Mary Miller, owner and operator. This firm is a wholesale food handler for mobile vehicle operation with no off -vehicle storage at any fixed location. This firm takes possession, transports and delivers food to charities in the state of Minnesota. The following photos were obtained for documenting the firm's record keeping. COMMENTS: 1. This firm picks up and drops off food 7 days per week. Product that is picked up was stated by the firm to be held for 24-48 hours, between pick up and drop offs. 2. Mary Miller stated that that the two refrigerated box trucks used by this firm most frequently were not available to inspect during this inspection because they were out making deliveries today. 3. Miller Trucking does not own any vehicles used to transport food products. All vehicles used to transport food by Miller Trucking are owned by Community Cares Inc. 4. Mary Miller stated that Miller Trucking has no food stored on site during the inspection today. 5. Miller Trucking has two volunteer drivers to operate the trucks and volunteer for Community Cares Inc. 6. Mary Miller stated during the initial part of the inspection that a driver that volunteers for Miller Trucking, named Murphy Cantrelle stays in the house on the property once in a while. Later during the inspection Mary Miller stated that no one lives in the house located on the property, due to no water or sewer availability in the house. A porta-poty was noted located north of the white house on the property, next to the single stall, free-standing garage. 7. Mary Miller stated that the two box refrigerated trucks used to transport food product have a exterior thermometer display and a separate interior thermometer inside. The volunteer drivers record the temperatures on the Driver's Vehicle Inspection Report Logs. 8. This firm's address is listed incorrectly as 5751 159TH ST APPLE VALLEY, MINNESOTA 56124, with an unknown county. The firm's actual address is 5751 150th Street West Apple Valley, Minnesota 56124, Dakota County. 9. No product was on site, and no temperatures were taken. Visit Date Person in Charge Person In Charge Sig. yY`,�. rfR, ivy 4/12/2016 Mary Miller 4/12/2016 Mary Miller Sig Date Inspector 4/12/2016 Raymond Starin 4/12/2016 Stephanie Anderson Inspector Signature Sig Date Time In Time Out !.0 4!1212016 9:32 AM 4:53 PM f jrJ 4/12/2016 9:32 AM 4:53 PM In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000.T7Y users can call the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider. AG -03210 05/14/13 September 14, 2015 License Limitation Ms. Mary Miller Miller Trucking PO Box 1439 Lakeville, MN 55044 and Minnesota Depai tment of Agriculture (NIDA) Food and Feed Safety Division 625 No Robert St. St. Paul MN 75155-2538 Agree to the following: MINNESOTA DEPARTMENT OF AGRICULTURE File: Dakota License #: to be assigned 1. Mary Miller as an individual or sole proprietorship applies for a Wholesale food handler's license pursuant to provisions of Minn. Stat 28A.04 and 28A.07 with these limitations and orders as described in inspection report issued on today's date. 2. This wholesale food handler license is for mobile vehicle operation with no off -vehicle storage at any fixed location. Ms. Miller may obtain foods either purchased or donated; Ms. Miller will take possession, transport, and deliver said food to charities within the State of Minnesota. The delivery of food shall abide by all applicable laws, including Minn. Admin. Rules Chapter 1550, MDA provided copies today. Ms. Miller understands that this license allows is for transport, delivery of food, and limited handling of only prepackaged food or food in case lots during the delivery process. It does not allow for storage of food at any transient or interim facility. Any facility storage will require a food handling License specific to that location and the facility must meet minimum licensing requirements under Federal Regulations including but not limited to 21 CFR Parts 110 and 117 3. Records documenting the receipt and delivery of all food shall be maintained by Ms. Miller for all transactions for at least two years pursuant to the 2002 Bioterrorism Act. Receipts and records of delivery for the food shall be available for review at the tune of inspection by MDA or other inspection or law enforcement agencies and you shall keep these records in the vehicle whenever food is loaded on said vehicle showing the name of the party from whom you obtained the food and the date it you obtained it. 625 Robert St. N., St. Paul, MN 55155-2538 0 651-201-6000 or 1-800-967-2474 www.mda.state.mn.us In accordance with the Americans with Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can call the Minnesota Relay Service at 711 or 1-800-627-3528. The MDA is an equal opportunity employer and provider. 4. Ms. Miller agrees to obtain any necessary permits for operating a commercial vehicle from the Minnesota Department of public safety or the city in which you operate. This is a condition of your license and you shall provide these permits for review at MLA's upon request. 5. This agreement remains in effect as long as your wholesale food handler's license is valid and you operate from a vehicle. 6. The physical location where vehicles used by Miller Trucking will be located at 5751 159th St. Apple Valley, MN 5,124. , Miller Trucking, Licensee enlamin M er, Acting Director Food and Feed Safety Division Minnesota epartment of Agriculture MINNESOTA DEPARTMENT AGRICULTURE Page 1 of 3 General Regulatory Inspection Minnesota Department of Agriculture Food and Feed Safety Division 65120/6027 625 Robert ST N Saint Paul, MN 55155-2538 No. Of Risk Factor/Intervention Violations N!A No. Df GRP Violations I N/A Start Date: 9/8/2015 End Date: 9/8/2015 Inspection ID : 16852 Establishment: COMMUNITY CARES Address: 5751 150th St City/State: Apple Valley, MN Zip: 55124 County: Dakota License/Permil#: License Holder: COMMUNITY CARES INC Inspection Reason: Follow-up Risk Category: Medium Risk Telephone: 6127906395 Regulatory Actions 57. Additional Regulatory Actions Out. R Item Number Violation of Code 57. MS 31.09, 34A.11 Observations and Corrective Actions Violations cited in this report mus: be corrected within the timeframes below Comment Correct By Date Repeat Violation Condemnation Notification: Under the authority of Minnesota Statutes 9/8/2015 sections 31,09 and 34A,11 Subd 5, MDA notifies you that the following perishable food items are condemned and are to be destroyed: (Approximately 2,000 pounds of perishable and non-perishable food items were voluntarily disposed of by the firm today. The food was located in the blue truck with MN license plate number YBH4657, the white chest freezer in the blue garage, the tote of salad dressings from the white stucco garage and the walk-in cooler located in the white vinyl siding and metal garage that looks blue and white. These items included but were not limited to the following; Buns, bread, cereal, soda, juice, beef, chicken, pork, fish, cheese, snack foods, canned goods, salad dressing, oats and pre-packaged dried foods. The firm arranged for a 30 yard long dumpster to be on site to voluntarily dispose of the food items. Food was placed into the dumpster by the MDA inspectors and denatured on site with bleach. Yes The garbage disposal company arrived around 9:30am to retrieve the dumpster of food and take it to the Burnsville Landfill. A MDA inspector followed the dumpster to the landfill to witness the destruction of the food. 57. MS 34A.11 EMBARGO NOTICE - Under the authority of Minnesota Statutes sections 9/8/2015 Yes 31.09 and 34A.11, MDA notifies you that an embargo is placed this day on the foods, articles and/or equipment referenced in this report. The owner/agent must segregate and otherwise identify the products and equipment so they are not moved, sold, shipped or otherwise disposed of until released by Court Order or by order of the Commissioner of Agriculture, or his authorized agent or inspector. (1. The white chest freezer that was located in the blue shed was released from embargo to empty the contents of food from it into a dumpster. This chest freezer has been voluntarily emptied and placed back under embargo. 2. The walk-in cooler located along west wall of the garage with the white vinyl siding on the east side of the building has been released from embargo to be voluntarily emptied of food in the dumpster and placed back under embargo. The two embargoed pieces of equipment were sealed by the MDA inspectors with tamper evident tape and embargo stickers,) Page 2 of 3 Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below item Number Violation of Comment Correct By Date Repeat Violation Code 51. MS 34A.11 EMBARGO RELEASE - The Embargo dated 8/26/2015 and 8/27/2015 and 9/8/2015 Yes placed by Raymond Starin and David Seipel under authority of Minnesota Statutes Section 31.09 & 34A.11 or MN Rule 4626.1805, with product and/or equipment located at 5157 150th Street, Apple Valley, MN 55124 is hereby released for disposition as referenced in this report. (1. The firm voluntarily agreed to dispose of all food contained within the embargoed blue truck with MN license plate number YBH4657. This product is identified in the Condemnation Notification as it was voluntarily destroyed by the firm. This truck is released from embargo. 2. The firm's white chest freezer that contained food was released from embargo for the purpose of removing food to be voluntarily destroyed by the firm. This chest freezer has been placed back under embargo after being emptied. 3. The firm's walk-in cooler located in the metal garage with the white vinyl siding on the east side that contained bread and buns was released from embargo for the purpose of removing food to be voluntarily destroyed by the firm. This walk-in cooler has been placed back under embargo after being emptied. 4. The tote of salad dressing located in the white stucco garage was released from embargo to allow the dressing to be voluntarily destroyed by the firm.) Additional Notes A Notice of Inspection was issued on 9/8/2015 to Mr. Joe Miller, Founder. The following samples/photos were obtained for documentation of voluntarily disposed of food product and embargo of equipment: Photos of the blue truck with MN license plate number YBH4657, chest freezer, tote of salad dressings and walk-in cooler. This inspection is being conducted as a follow-up inspection due to orders issued by this inspector on the inspection reports from these dates: 8/26/2015 and 8/27/2015. An additional inspection may be conducted to assess compliance with orders issued. Comments: 1. The firm today voluntarily destroyed all food that was placed under embargo on 8/26/2015 and 8/27/2015. 2. Dick's Sanitation Inc. of Lakeville arrived to retrieve the 30 yard long dumpster filled with voluntarily destroyed food and denatured with bleach. MDA inspector David Seipel followed the dumpster to the landfill located in Burnsville, MN to witness the destruction of the food. 3. Except for what is placed under embargo, all other equipment, vehicles or facilities shall not be used for storage of food, or distribution of food. 4. The firm was instructed to contact MDA compliance officer Mr. Jim Roettger at 651-201-6622 if there are any questions. FOOD DISPOSALS Item Other Disposal Type Disposition Type Pounds Description LandFill Voluntary 2000.00 Perishable and non-perishable foods including meats, breads, beverages, boxed dinners, salad dressin In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can call the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider. AG -03210 05/14/13 Page 3 of 3 Visit Date Person in Charge Person In Charge Sig. Sig Date Inspector Inspector Signature Sig Date Time In Time Out 9/8/2015 Mr. Joe Miller ` 9/812015 David Seipel ati(xa Q 9/8/2015 7:50 AM 11:40 AM 9/8/2015 Mr. Joe Miller 9/8/2015 Raymond Starin 14.10.1g/;,; 9/8/2015 7:50 AM 11:40 AM In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can calf the Minnesota (Relay Service at 711 or 1-800-627-3529. The A4DA is an equal opportunity employer and provider. AG -03210 05/14/13 MINNESOTA DEPARTMENT 07 AGRICULTURE Page 1 of 2 General Regulatory Inspection Minnesota Department of Agriculture Food and Feed Safety Division 6512016027 625 Robert ST N Saint Paul, MN 55155-2538 No. Of Risk Factor/Intervention Violations No. Of GRP Violations N/A Start Date: 4/12(2016 End Date: 411212016 N/A Inspection ID : 19592 Establishment. COMMUNITY CARES Address: 5751 150th St City/State: Apple Valley, MN Zip: 55124 County: Dakota License/Permit#: License Holder: COMMUNITY CARES INC inspection Reason: Investigation Risk Category: Medium Risk Telephone: 6127906395 Regulatory Actions 57. Additional Regulatory Actions Out Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below Item Number Violation of Comment Correct By Date Repeat Violation Code 57. MS 34A.06 Cease and desist operating a food establishment without a license. 7/8/2015 Subd.1(a), 28A.04 (Discontinue operating your food facility, firm operations, and food distribution without an approved food license issued by the Minnesota Department of Agriculture. This facility is unfit to be licensed, specifically, lacks approved water, sewage and does not have a certificate of occupancy issued by the City of Apple Valley.) **REPEAT ORDER- Previously issued on report dated 7/8/2015 and 8/26/2015 with a comply by date of 7/8/2015. 57. MS 34A.11 EMBARGO NOTICE - Under the authority of Minnesota Statutes sections 7/8/2015 Yes 31.09 and 34A.11, MDA notifies you that an embargo is placed this day on the foods, articles and/or equipment referenced in this report. The owner/agent must segregate and otherwise identify the products so they are not moved, sold, shipped or otherwise disposed of until released by Court Order or by order of the Commissioner of Agriculture, or his authorized agent or inspector. (1. A white refrigerated semi -trailer with MN license plate number ST 97019, with 3 pallets of pre-packaged yogurt and 2 pallets of whole hard cooked eggs in plastic 10 and 20 pound pails, held for Community Cares. The eggs were received on site on 4/5/2016, and moved into the trailer by Mr. Joe Miller for storage for Community Cares. This trailer was sealed by MDA with a red MN Retained seal number 3592. 2. 13 cases of food found stored in a white Ford E350 passenger van with MN license plate number 688 MZK for Community Cares was removed from the van during the inspection and moved into the white refrigerated semi -trailer with MN license plate number ST 97019, then sealed with a red MN Retained Seal number 3592. This van is not placed under embargo as all food product has been moved to the refrigerated semi -trailer during the inspection. 3. A pallet of pre -packed food located in the rented garage, along the north wall in the north garage. 4. Multiple frozen food items, noted in a single door upright freezer located in northwest corner of the rented garage. 5. Near the south wall of the rented garage was noted to be a double glass door upright refrigerator with several food items including a 10 pound pail of hard cooked eggs. Orange embargo stickers were placed on equipment and food stored on site. **REPEAT ORDER- Previously issued on report dated 7/8/2015, 8/26/2015, 8/27/2015 and 9/8/2015 with a comply by date of 7/8/2015. Additional Notes Page 2 or 2 A Notice of Inspection was issued on 4/12/2016 to Ms. Mary Miller, Note Taker. MDA Compliance Officer Stephanie Anderson spoke with Community Cares Chairman, Mr. Danny Harjo via phone. Mr. Harjo gave permission for Ms. Mary Miller to represent Community Cares during the inspection today and allow for inspection of the premises. The following photos were obtained for product and equipment placed under embargo today. COMMENTS: 1. Danny Harjo is the Chairman of the board for Community Cares. Ms. Mary Miller is the Note Taker for Community Cares. Mrs. Jennifer Harjo is Treasurer of Community Cares. Dr. Stark is the Pastoral Advisor for Community Cares and works to coordinate drop off of food from Community Cares. 2. Food is delivered 1, 2, or 4 times per week to 12 food shelves. 3. The firm stated that no one comes to this facility to pick up food. 4. Mr. Joe Miller stated that Community Cares Inc. owns this property 5751 150th Street West, Apple Valley, MN. 5. This firm's address is listed in the MDA report system as 5751 150th St Apple Valley, MINNESOTA 55124, but will need to be changed to 150th Street West. 6. Property change of use from 8/11/2015 states that certificate of occupancy for the building or structure has not been issued by the City of Apple Valley. 7. Mr. Miller stated that they are not willing to upgrade the well and septic system on site. TEMPERATURE OBSERVATIONS Item Location Temp Eggs Other 36°F Refrigerated Semi -Trailer Yogurt Other 34°F Refrigerated Semi -Trailer °F Other Location Description Visit Date Person in Charge Person In Charge Sig. Sig Date Inspector inspector Signature Sig Date Time In Time Out 4/12/2016 Mary Mil}er /l' lg' 4/12/2016 Raymond Starin 4,...../ o}e 4/12(2016 11:20 AM 4:44 PM 4/12/2016 Mary Wier ! "AlV r1 '`" 4/12/2016 Stephanie Anderson Its (� t-�..-1 " J 4/12/2016 11:20 AM 4:44 PM / fi" ` In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by catling 651/201-6000. TTY users can call the Minnesota Relay Service of 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider. AG -03210 05/14/13 S1RAIGNT BILL OF LA01Nr 1 Establishment. Address & City: Inspection Date' Pagel of 2 MINNESOTA DEPARTMENT OF AGR!r_'ULTURE DAIRY AND FOOD INSPECTION Community Cares, Inc 575115O00StW Apple Valley, MN 55124 4/12/16 Photograph and Video Documentation License No: No License Inspector S. Anderson R. Starin Cartier Nprrie DrEBaEL T t tects Fie+pne Teams &Ad To Gordon Foodaernce PO Box 2820 Grand Rapids, Mt 49501 2825 (508) 874-2800 1/aka Terror TT 28F LYakx Nw''>bar t 93012 Oa .yy Data 6900016 iF+O 8..,..A.. ;3253890 _. I. Page Page 1 el l Ship To GFS - Kenosha thstnbuton Cir 10401 3880 5t Kehos-sha, WI 53144 (202) 552-1520 .l. Wai9te I Product No t`r 1— DasutLiLWr 3 120 82350.94063 ' Legwd Whites 7 5r2 LB Debfi Master Case r ,^ Lot 0806 104 0 t/ PAM. 830 0912404093 hard Cooked Eggs 10 Lb Pad 881944 Fresh Lot 079-6 ti PAIL 1 205 90220-94883 Lo10 082-8 D 1 CA 2.000 54400-94063 Lot C 0908 80 183151-94083 Lot 8 090-6 80 t19d Cnoi!r.0 Egos 20 Lb Pad Select Fresh 60 Lewd Sx ambled Egg Ma 13a5-14)300 2120 1_8 50 Liquid Plan Yolk 1531 LB Deb El Master Case 4 RECEWED auYer Lmdsel jaekU07104&00.05RIVIC-He0091a„1 FAUST CALL FOR APPT rA6 Civil CAU FORAPPT 'jam? CI;SESFiccir .1. G S°p aApPFLLEfS eLPay r Seal it: 00059507 Receiver Sgmdure Ad elndapes 4000(3 a and wrong Pomo must 60009904000110029119 Id nbtadebe»aoda.cern 1f not deported immediately cede veil 001 be given. PAW 0 /Career Name Pade/e 0+Ner Sign/ewe Order Total Toto Weght 7;1410 Carrier Copy Document showing eggs shipped from GFS in Kenosha_ WI to Gordon Foodservice in Grand Rapids, MN on 4/4/16. These photographs or video are a representation of all photos or video taken. See original file far fidl set of photo or video documentation taken during this inspection. All.11110pl MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: 1.7 .34 4'3,1 o,7 $ ;raw 21,1.7 L.g.v.E.V.7; tr* CP5 $ertl t-DValead .7.-,2Y4gaatitOtWix Community Cares, Inc 5751 150th St VV Apple Valley, MN 55124 4/12/16 .0c2.; T3l SPORT GF5 -1-, '. - - --';(12',5.,,,,' , Re,,,G,..„ Na:LS 2.1.5,Q0:3 , . , ..,. ,,,5,,,,,,, , Drew' Sera Are-tda, Quairty A5.9.173TCC Svelerrs Supetusor 1 •-:.:' '.t-6-, -,, ea document and report env product guely or teMperature-retatee re]ectOrte , , re tr, fin- .t- ..c.- loatle.river minter's be9,Ma-3, ant; 1558 2589 and 6499,1; inso9a, ow Mari= htra.CompMnce Bert 1 PROCEDURE. r'iajeCt noctrc..-rrjven: Oree.ctt Daairnent eaiew: Quarofcy rejected, Slot descripOon of issde reefer serttnip le drtheors. and tor nombats. , Opbonal Information irdwules: Pulp temps, _. _ cabr.tonie7.- GFS P.O. # '4 41 Tr315/0 erteer (aptiatiali "I''S'aa GPS DC S.. 2P.Pection Performed By Signature Pane Photograph and Video Documentation License No: No License Inspector: S. Anderson R. Starin f4) C'euction accrecceo Rejected was a s: ; (:;:rntrr. Quenttty mpt,tartoken, Deetripton of Problem (Reason AY' REWIM1 — please be specific and ',dude pertnent data R.rj. as pt.;to temps, trailer, temn5, .14,„) 40, No „.. bather reefer settings Serc defees or tot numbers) Ct Page 2 of 2 Document showing eggs rejected on 4/4/16 for being too cold. These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. MINNESOTA DEPARTMENT DF AGRICULTUEL= DAIRY AND FOOD INSPECTION Establishment: Community Cares Photograph and Video Documentation License No: NA Address & City: 5751 105th ST West, Apple Valley Inspector: Raymond Stavin 55124 Inspection Date: 4/13/2016 Stephanie Anderson 1. The semi -trailer with food was on and operating during the inspection and read 34.7F. 2. The hack end of the refri<gereated semi-trai ler with MN license plate ST 97019 where food was found stored in for Community Cares. 3. Hard cooked eggs in 10# pails in the hack left side an 20' pails on the right. 3 pallets of pre-packaged yogurt were round on the left. Page 1 of 4 These photographs or video are a representation of all photos or video token. See original file for full set of photo or video documentation taken during this inspection. Establishment: Address & City: Inspection Date: MINNESOTA DEPARTMENT OE AGRICULTURE DAIRY AND FOOD INSPECTION Community Cares 5751 105th ST West, Apple Valley 55124 4/13/2016 Photograph and Video Documentation License No: NA inspector: Raymond Starin Stephanie Anderson 1. The 3rd pallet of yogurt shown in the refrigerated trailer from page one. 2. An infrared temperature of the yogurt was taken and found to be at 36.0F. 3. An infrared temperature of the 201b pail of eggs were taken and found to be at 34.3F Page 2 of 4 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Community Cares Photograph and Video Documentation License No: NA Address & City: 5751 105th ST West, Apple Valley Inspector: Raymond Starin 55124 Inspection Date: 4/13/2016 Stephanie Anderson Page 3 of 4 1. Cases of candy were found in the white Ford F350 van shown in photos 2 and 3 on this page. The firm stated this vas stored for Community Cares durin i the inspection. The ii run wanted to continue to use the white van for other purposes and asked to move the cases of candy into the refrigerated semi- trailer 2. The white Ford Van where cases of candy were found shown in photo 3 on this pagc. 3. Cases of candy were found stored in the back of the van from photo 2 on this page For Community Cares. These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Establishment: Address & City: Inspection Date: MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Community Cares Photograph and Video Documentation License No: NA 5751 105th ST West, Apple Valley Inspector: Raymond Starin 55124 Stephanie Anderson 4/13/2016 1. A upright freezer was found in the rental garage and was found filled with food, this freezer of food was placed under embargo. 2. Boxes of pre-packaged foods assembled into individual boxes on a pallet along with cases of canned green beans were found in the rental garage during the inspection, this food was placed under embago. 3. In the rental garage the firm had a box of onions, case of water and a collection of several fruit cups that wer placed under embargo. 4. Inside one of the orange matter boxes from photo number 2 on this page was found to be pre-packaged food items. 5. A frozen wrapped food item of what Joe Miller stated was bison meat was found marked with Joe Miller's name in the upright freezer of the rented garage. Page 4 of 4 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Minnesota Department of Agriculture Page 1 of 2 General Regulatory Inspection Minnesota Department of Agriculture Food and Feed Safety Division 6512016027 625 Robert ST N Saint Paul, MN 5 51 55-2 538 No. Of Risk Factor/intervention Violations N/A No. Of GRP Violations IN/A Start Date: 4/27/2016 End Date: 4/27/2016 inspection ID : 19747 Establishment: COMMUNITY CARES Address: 5751 150th St City/State: Apple Valley, MN Zip: 55124 County: Dakota License/Permit#: License Holder: COMMUNITY CARES INC inspection Reason: Follow-up Risk Category: Medium Risk Telephone: 6127906395 Regulatory Actions 57. Additional Regulatory Actions Out Item Number Violation of Code Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below Comment Correct By Date Repeat Violation 57. MS 31.09, 34A Food items as noted in this report have been voluntarily destroyed as they 4/27/2016 are in violation of MN Statutes 31.09 and 34A and are in a condition unfit for human food. The disposal will be under the supervision of a representative of MDA without recourse to the State of Minnesota and the voluntary destruction of the product(s) does not preclude any legal action that may be found appropriate. (The firm has disposed of all yogurt and hard cooked eggs placed under embargo on 4/12/2016 and kept in the refrigerated semi -trailer. Product was moved by the firm under supervision into a roll off dumpster and then denatured with bleach placed on the product in the dumpster by the MDA inspector. This dumpster was stated by the firm to be picked up today by Dicks Sanitation Incorporated and brought to a transfer station.) 57. MS 31.09, CONDEMNATION NOTIFICATION - Under the authority of Minnesota 4/27/2016 34A.11 Statutes sections 31.09 and 34A.11 Subd 3,. the court has determined that a detained or embargoed food is adulterated, misbranded, or in violation of this chapter or rules adopted under this chapter and is condemned. (2 pallets of hard cooked eggs in pails in the refrigerated semi trailer have been condemned on site into a dumpster on site. 3 pallets of pre-packaged yogurt have been condemned on site into a dumpster during this inspection. All product condemned and disposed of has been placed in the dumpster on site under supervision of the MDA inspectors. Ms. Miller stated she will send a copy of the dumpster destruction records from Dicks Sanitation to Compliance Officer Anderson.) 57. MS 34A.11 EMBARGO RELEASE - The Embargo dated 4/12/2016 and placed by 4/27/2016 Yes Raymond Starin, Stephanie Anderson under authority of Minnesota Statutes Section 31.09 & 34A.11 or MN Rule 4626.1805 , with product located at 5751 159th Street West, Apple Valley, MN 56124. is hereby released with product disposition referenced in this report (All product placed under embargo on 4/12/2016 is hereby released and has either been placed under condemnation notification or released back to the responsible party. Product released from embargo includes pails of hard cooked eggs, cases of candy and yogurt in a refrigerated semi -trailer_ Assembled pre-packaged meals in boxes kept in the leased garage space adjoined to Community Care's office, along with cases of canned vegetables, all food in the two -door upright refrigerator in the garage, the upright freezer, fruit cups and produce in the leased garage space. The firm is taking the small boxes of pre-packaged meals, candy and cases of canned vegetables in a personal vehicle to Crossroads Church in Lakeville, MN. All other food was identified as for personal use.) Additional Notes Page 2 of 2 A Notice of Inspection was issued on 4/27/2016 to Ms. Mary Miller, Note Taker for Community Cares. Ms. Mary Miller identified herself as able to represent Community Cares today to allow for this inspection. The following photos were obtained for documenting product that was placed under embargo and then product being released from embargo. Photos were taken of the food condemned on site. This includes but is not limited to photos of product in the leased garage, and the refrigerated semi -trailer. This inspection is being conducted as a follow-up inspection due to orders issued by this inspector on the inspection report from this date: 4/12/2016. Comments: 1. Food items placed under embargo on 4/12/2016 in the leased garage were visually noted to have been moved from their position when placed under embargo and embargo stickers removed from cases of food products. Photos of this product were taken immediately upon seeing the product by the inspectors. 2. Mary Miller stated that Community Cares holds monthly, and bi-monthly meetings here on site in their office connected to the leased garage space. 3. Apple Walley Police Department Detective, Brian Bones assisted MDA inspectors Raymond Starin and Stephanie Anderson today during the inspection. Visit Date Person in Charge Person In Charge Sig. Sig Date Inspector Inspector Signature Sig Dale Time In Time Out 4/27/2016 Mary M4er IIA„ltik , 4/27/2016 Raymond Stavin ggipoif 12(e ; 4/27/2016 9'35 AM 11:20 AM 4/27/2016 Mary Miler Th'Atik , 4/27/2016 Stephanie Anderson'If"'- ; . : 4/27/2016 935 AM 11:20 AM In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can call the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider AG -03210 05/14/13 Dick's Sanitation inc. Disposal/Recycle Verification FORM Driver Name:- Etaei,L Date hauled: 7 - License Plate#: / Time hauled: - a )f p.m. Customer: t✓tl f4 -j F k S Customer site address: Material hauled: -575( 15n s1 -- /1 -epic p/ & y Disposal / processing / recycling facility: id - - 4 # c f lir Load NET Weight c2 tons lbs Other information: The witness below verifies that the above material from the above site address has been dumped at the destination documented. In addition, that none of the material disposed of, destroyed or recycled was removed from the load before transporting to the above disposal facility. If a destroy was requested -that the material intended for destroy was completely covered or processed at the above facility. ness's Signature \- X _)` DSI Accou MlanagesS nature Office Use Only Please Fax Verification Form to: Fax: Faxed by: Date: Dick's Sanitation inc. 8984 215th Street West Lakeville, MN 55044 Phone. 952-469-2239 Fax: 952-469-1146 WWW.dickssanitation.com a 2 rn 2 ..':. f..1.., : ...; 7:- -2, !'-...'.. ,..1... . ,.. zi..i..: . ---I Qpi MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Photograph and Video Documentation Community Cares Inc. License No: NA 5751 150th St. W., Apple Valley, MN Inspector: Raymond Starin 55124 4127/2016 Figure 2: All yogurt and hard cooked eggs were removed from the refrigerated semi -trailer and placed in the dumpster. The firm called Dicks Sanitation Inc. who stated they would be coming that day to remove the dumpster from the property. Page 2 of 11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. MINNESOTA DEPARTMENT of AGRICULTURE DAIRY AND FOOD INSPECTION Photograph and Video Documentation Establishment: Community Cares Inc. License No: NA Address & City: 5751 150'h Si W., Apple Valley, MN Inspector: Raymond Starin 55124 Inspection Date: 4/27/2016 Figure 3: This garage on the property is where other food products were found inside and placed under embargo during the previous inspection. The garage door on the left gives access to where CCI holds their meetings as stated by Mary Miller. The garage door on the right, is where food was found and placed under embargo during the previous inspection. Mary Miller stated that this garage on the right is leased. where someone is using it 10 perform auto repairs. Page 3of11 These photographs or video are a representation (-veal 1 photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Qi MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Community Cares Inc. Photograph and Video Documentation License No' NA Address & City: 5751 150th St. W., Apple Valley, MN Inspector: Raymond Starin 55124 Inspection Date: 4/27/2016 Figure 4: Upon entering the leased garage space, product that was placed under embargo with MDA embargo stickers were found moved from their position when placed under embargo and embargo stickers removed from items. 4 Cases of canned vegetables were previously on top of the pallet of orange and white boxes, but now seen moved to on top of a cabinet on the left. A white box with an embargo sticker on it was previously ontop of the pallet of orange and white boxes with the case of bottled water on top. It was then found with no contents and the box moved to the stack of boxes on the right, on top of the bottled water. Page 4 of 11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Establishment: Address & City: Inspection Date: MINNESOTA DEPARTMENT Photograph and Video OF AGRICULTURE Documentation DAIRY AND FOOD INSPECTION Community Cares Inc. License No: NA 5751 154=" St. W., Apple Valley, MN Inspector: Raymond Starin 55124 4/27/2016 Figure 5: Upon entering the leased garage space. product that was placed under embargo with MDA embargo stickers were found moved from their position when placed under embargo and embargo stickers removed from items. 4 Cases of canned vegetables were previously on top of the pallet of orange and white boxes. but now seen moved to on top of a cabinet on the left. A white box with an embargo sticker on it was previously ontop of the pallet of orange and white boxes with the case of bottled water on top. It was then found with no contents and the box moved to the stack of boxes on the right. on top of the bottled water. Page 5of11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Ad.QMINNESOTA DEPARTMENT v OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Community Cares Inc. 5751 150th St. W., Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Figure 6: This white box under embargo was located on top of the pallet of white and orange boxes during the last inspection with the case of bottled water on top of it. Shown here the box has moved from it's position when placed under embargo and placed ontop of the bottled water. Page 6of11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Qpii MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Community Cares Inc. 5751 150th St. W., Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Page 7 of 11 Figure 7: The contents o the white box shown in figure 6 is shown here to he rmpty with no product inside. These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Establishment: Address & City: Inspection Date: MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Community Cares Inc. 5751 1501h St. W., Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Figure 8: The contents of one of the opened cases of canend green beans shown in figures 4 and 5 are shown here. Page 8of11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Establishment: Address & City: Inspection Date: MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Community Cares Inc. 5751 1501h St. W., Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Figure 9: Volunteers removed all product from the leased garaged space and into Mary Miller's personal vehicle noted in the inspection report. Page 9 of 11 o hand deliver to a church These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. ANQMINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Community Cares Inc. 5751 150th St. W., Apple Valley. MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Figure E0: !lard cooked eggs and yougurt placed in the blue dumpster ,,iiuwn in figure 2 was denatured with bleach by the MDA inspector. Raymond Starin. Page 10 of 11 These photographs or video are a representation of all photos or video taken. See original file forit'll set o f photo or video documentation taken during this inspection. AinQMINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Community Cares Inc. 5751 150th St. W., Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Stern Figure 11: Inside the leased garage space there was found to he microwave and toaster over in place and plugged in. Page 11 of 11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Adiri MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Community Cares Inc. 5751 150th St. W. Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Figure 1: The refrigerated semi -trailer that was placed under embargo was released from embargo. Volunteers for CCI disposed of the hard cooked eggs and yogurt in this trailer. Cases of candy were removed and placed in Mary Miller's personal vechicle to take to a church to donate. Page 1 of 11 These photographs or video are a representation of ull photos or video taken. See original. file for full set of photo or video documentation taken during this inspection. Receipt:# 433023 ASCD $46 00 No Deliquent Taxes Return to: ERECORDING PARTNERS NETWORK 400 SECOND AVENUE SOUTH MINNEAPOLIS MN 55401 11 11 1 1 3126485 1 11 1 1111 1 Recorded on: 5!9 2016 12 13 PM By. CGK, Deputy Office of the County Recorder Dakota County, Minnesota Joe' 7 County Recorder Joe, T Seckmar Treasuper ASSIGNMENT OF CONTRACT FOR DEED 11 Date: (rlay y cloI (, FOR VALUABLE CONSIDERATION, COMMUNITY CARES, INC., a Minnesota non-profit corporation, Assignor, hereby sells, assigns, gives, conveys, and transfers unto to MILLER FARMS OF LAKEVILLE, LLC, a Minnesota limited liability company, Assignee, the Purchaser's interest in that certain Contract for Deed dated the 1 8th day of December, 2014, made by the Estate of Sandra Jean Melby, Decedent, single at the time of death, as Seller, and Community Cares, Inc., a Minnesota non-profit corporation, as Purchaser, recorded and filed in the office of the County Recorder of Dakota County, Minnesota on the 24th day of December, 2014, as Document Number 3044343 for the sale and conveyance of real property in Dakota County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION Subject to all the covenants of Assignor in said Contract for Deed contained, which Assignee hereby assumes and agrees to keep and perform. Assignor hereby covenants that Assignor has good right to sell, transfer and assign said Contract For Deed. 5 EXHIBIT DCA TITLE File # /6,-6 914 Abstract A- Torzens No.__Z_of 3 COMMUNITY CARES, INC. By: C\ (Danny Harjo) Its President STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 9M day of (`rt �yy , 201 o by Danny 14ccrl r, , the Presicient of COMMTJNITY CARES, INC., a Minnesota non-profit corporation, on behalf the corporation. vwvvvVVVVVVAAAMAAAMAAAWAAA fi f ` • • DEBORAH K. BLOEMKE • Notary Public -Minnesota 6' MyCcmmLsSiari Expires Jan 31,202D THIS DOCUMENT DRAFTED BY: R. GLENN NORD, P.A. 20686 Holyoke Avenue P. O. Box 427 Lakeville, MN 55044 4101,0, k . l3.r rias , Notary Public Tax statements for the real property described in this instrument should be sent to: Miller Farms of Lakeville, LLC. Attn: Joseph M. Miller, Chief Manager 22260 Dodd Boulevard Lakeville, MN 55044 2 EXHIBIT A LEGAL DESCRIPTION That part of the East Half of the Southeast Quarter described as follows: Commencing at a point on the South line of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest corner of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East Half of the Southeast Quarter, a distance of 165 feet; thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; thence East 360 feet, thence South 450 feet, more or less to the South line of said Section 26; • thence Westerly along said South line a distance of 312 feet more or less to the point of beginning. •Excepting therefrom that part of the above described property which Hes North of the South 33.00 feet thereof and South of a line which is 75.00 feet North of, measured at right angles to and parallel with, the following described line: Commencing at the Southeast corner of said Section 26; thence North along the East line of the Southeast Quarter of said Section 26 a distance of 37.00 feet to the point of beginning of the line to be described: thence West parallel with the South line of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the left, having a central angle of 3 degrees 59 minutes 00 seconds and a radius of 7639.44 feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential curve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531,11 feet, said point being on the South line of said Section 26, and said line there terminating. All in Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota. Receipt:# 433023 CCD $46.00 CONV $5 00 SDI $1.65 Ne Deligi:ent Taxes T"ansfer Entered CRV Not Required Return to: ERECORDING PARTNERS NETWORK 400 SECOND AVENUE SOUTH MINNEAPOLIS MN 55441 QIUIT CLAIM DEED STATE DEED TAX DUE HEREON: 1.65 Date: Play '1, ao11- 11 1 1 3126486 1 1 11 1 11 1 11 Reco ded on: 519 2016 12 13 PM Sy CGK. Deputy Office of the County Recorder Dakota County, Minnesota Joe; T Seckmar. Cobnty Reorder Jcer T Seckroa- Treasurer Audrtor FOR VALUABLE CONSIDERATION, COMMUNITY CARES, INC., a Minnesota non-profit corporation, a Minnesota non-profit corporation, Grantor, hereby conveys and quitclaims to MILLER FARMS OF LAKEVILLE, LLC, a Minnesota limited liability company, Grantee, real property in Dakota County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION together with all hereditaments and appurtenances. TOTAL CONSIDERATION OF THIS TRANSFER IS $500.00 OR LESS. Check box if applicable The Seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described property have not changed since the last previously filed well disclosure certificate. CA 1'1-1 LE File 4 Abstract Torrens No. ef rj COMMUNITY CARES, INC. By: (Danny H Its: President. STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 'frh day of May , 2016 by DANNY HARJO, the President of Community Cares, Inc., a Minnesota non-profit corporation, on behalf the corporation. DEBORAH K. BLOEMKE -�� �,f Notary Public Minnesota MyCommissEanExpires Jan 31,202d, THIS DOCUMENT DRAFTED BY: R GLENN NORD, P.A. 20686 Holyoke Avenue P. O. Box 427 Lakeville, MN 55044 lD, olpfma h t4, a. 1U Notary Public Check here if part of all of the land is Registered (Torrens) Tax statements for the real property described in this instrument should be sent to: Miller Farms of Lakeville, LLC. Attn: Joseph M. Miller, Chief Manager 22260 Dodd Boulevard Lakeville, MN 55044 2 EXiIBIT A LEGAL DESCRIPTION That part of the East Half of the Southeast Quarter described as follows: Commencing at a point on the South line of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest corner of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East Half of the Southeast Quarter, a distance of 165 feet; thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; " thence East 360 feet; thence South 450 feet, more or less to the South line of said Section 26; • thence Westerly along said South line a distance of 312 feet more or less to the point of beginning. • Excepting therefrom that part of the above described property which lies North of the South 33.00 feet thereof and South of a line which is 75.00 feet North of, measured at right angles to and parallel with, the following described line: Commencing at the Southeast corner of said Section 26; thence North along the East line of the Southeast Quarter of said Section 26 a distance of 37.00 feet to the point of beginning of the line to be described: thence West parallel with the South line of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the left, having a central angle of 3 degrees 59 minutes 00 seconds and a radius of 7639.44 feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential curve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531.11 feet, said point being on the South line of said Section 26, and said line there terminating. All In Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota. Receipt:# 433023 PRD $46 00 CONV $5.00 SDT $1402.50 WELL $54.00 L^ie i CeTJ cacti F Wee' No Deligcenl Fates T-arsier EnlereC CRV Filed Return to, ERECOROING PARTNERS NETWORK 400 SECOND AVENUE SOUTH MINNEAPOLIS MN 55401 11 11 1 1 3126488 1 1 11 1 11 1 1 Recorded on: 5/912016 12.13 PM 7y CG. Deputy Office of the County Recorder Dakota County, Minnesota Joe' T BecK "a.' Count Recorder Joe. T Beckr a, ; reas:,er A-,Ghtw PERSONAL REPRESENTATIVE'S DEED OF SALE STATE DEED TAX DUE HEREON: $1,402.50 " 7G eCRV # 4654 10 Date: May G, c20/4 FOR VALUABLE CONSIDERATION, Deborah Lee Juenke, as Personal Representative of the Estate of Sandra Jean Melby, Decedent, single at the time of death, Grantor, hereby conveys to Miller Farms of Lakeville, LLC, a Minnesota limited liability company, Grantee, real property in Dakota County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION Check here if part or alt of the land is Registered (Torrens) together with all hereditaments and appurtenances belonging thereto. This deed is given in fulfillment of the certain Contract For Deed dated December 18, 2014 filed December 24, 2014 as Document No. 3044343 in Dakota County, Minnesota. Check box if applicable The Seller certifies that the seller does not know of any wells on the described real property. X A well disclosure certificate accompanies this document. /6/ 3 I am familiar with the property described in this instrument and I certify that the status and number of wells on the described property have not changed since the last previously filed well disclosure certificate. SCA File Abstract Ton -ens No.___V 11 STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this e Estate of Sandra Jean Melby By: AP -) dee enc ^-�2Q (Deborah Lee J ke) Its Personal Representative day of May , 20 ft , by DEBORAH LEE JUENKE, as Personal Representative of the Estate of SANDRA JEAN MELBY, Decedent. � KAREN K. JOHNSON NOTARY PUBLIC -MINNESOTA ''',00.406''MyComission Expires Jan, 31,2020 THIS DOCUMENT DRAFTED BY: R. GLENN NORD, P.A. 20686 Holyoke Avenue P. O. Box 427 Lakeville, MN 55044 Tax statements for the real property described in this instrument should be sent to: Miller Farms of Lakeville, LLC. Attn: Joseph M. Miller, Chief Manager 22260 Dodd Boulevard Lakeville, MN 55044 2 LEGAL EXHIBIT A LEGAL DESCRIPTIO Y That part of the East Half of the Southeast Quarter described as follows: Commencing ata point on the South line of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest corner of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East Half of the Southeast Quarter, a distance of 165 feet; thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; thence East 360 feet; thence South 450 feet, more or less to the South line of said Section 26; thence Westerly along said South fine a distance of 312 feet more or less to the point of beginning. Excepting therefrom that part of the above described property which lies North of the South 33.00 feet thereof and South of line which Is 75.00 feet North of, measured at right angles to and parallel with, the following described line: Commencing at the Southeast corner of said Section 26; thence North along the East line of the Southeast Quarter of said Section 26 a distance of 37.00 feet to the point of beginning of the fine to be described: thence West parallel with the South line of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the left, having a central angle of 3 degrees 59 minutes 00 seconds and a radius of 7639.44 feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential curve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531.11 feet, said point being on the South line of said Section 26, and said line•there terminating, All in Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota. WELL DISCLOSURE OF GRANTEE IN DEED Minnesota Uniform Conveyancing Blanks Pursuant to Contract for Deed Form 10.71 (2010) Date: May 6, 2016 Check applicable box: ❑ The Grantee certifies that the Grantee Does not know of any wells on the Described real property. A Well disclosure certificate accompanies document or has been electronically Filed. (If electronically filed, insert WDC Number ❑ I am familiar with the property described In this instrument and I certify that the Status and number of wells on the described Real property have not changed since the Last previously filed well disclosure Certificate. Grantee: Miller Farms of Lakeville, LLC A`7 : Jos- :h M. Miller, Sole Member Note: This form cannot be recorded independently. It must be attached to a deed given pursuant to a contract for deed. MPH Minnesota Department of Health Well Management Section 625 North Robert Street P.O. Box 64975 St. Paul, Minnesota 55164-0975 651-201-4600 or 800-383-9808 www.health.state.mn.us/divs/eh/wells Well Disclosure Certificate Number: 1013334 Submittal Date: 6 -May -2016 Well Disclosure Certificate Electronically Filed Pro t er Inrotarnation County Number of Wells Seller Property Legal Provided? Sketch Map Provided? Well Documents Provided? Contract for Deed? Submitter Signature Submitter Represents DAKOTA 2 ESTATE OF SANDRA JEAN MELBY Yes Yes Yes Yes TARA GLAD Buyer Property Buyer and Mailing Address . to ," G,osin s Property Buyer No. 1 Name Address Phone Number MILLER FARMS OF LAKEVILLE, LLC Contact: JOSEPH M. MILLER 22260 DODD BLVD LAKEVILLE, MN 55044 612-790-6395 Well Information Well No. 1 Minnesota Unique Well Number 11308290 or Sealing Record Number County DAKOTA Property ID No. 010260076020 Location SE Qtr of Section 26 Township 115 Range 20 Address 5751 150TH STREET W APPLE VALLEY 55124 Well Status Scaled Date or Year Sealed 04'04'2013 Name of License Well 11ARTMANN WELL COMPANY LLP Contractor Well No. 2 Minnesota Unique Well Number or Sealing Record Number County Property ID No. Location Address Well Status Date or Year Sealed Name of License Well Contractor H322494 DAKOTA 010260076020 SE Qtr of Section 26 Township 115 Range 20 5751 150TH STREET W APPLE VALLEY 55124 Sealed 10/07/2014 HARTMANN WELL COMPANY Legal Description: That part of the East Half of the Southeast Quarter described as follows: Commencing at a point on the South line of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest corner of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East half of the Southeast Quarter, a distance of 165 feet; thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; thence East 360 feet; thence South 450 feet, more or less to the South line of said Section 26; thence Westerly along said South line a distance of 312 feet more or less to the point of beginning. Excepting therefrom that part of the above described property which lies North of the South 33.00 feet thereof and South of a line which is 75.00 feet North of, measured at right angles to and parallel with, the following described line: Commencing at the Southeast corner of said Section 26; thence North along the East line of the Southeast Quarter of said Section 26 a distance of 37.00 feet to the point of beginning of the line to be described; thence West parallel with the South line of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the Ieft, having a central angle of 3 degrees 59 minutes 00 seconds and a radius of 7639.44 feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential curve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531.11 feet, said point being on the South line of said Section 26, and said line there terminating. All in Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota. MINI ..IOTA DEPARTMENT OF HEALTH WELL DISCLOSURE CERTIFICATE PLEASE TYPE OR PRINT ALL INFORMATION Indicate Total Nurnber of Wells on Property 71 Fill out a separate well information page if more than two wells are located on the property. E. WELL LOCATION LEGAL DESCRIPTION WELL #1- lithe property legal description has more than one section, township, or range number; quarter (or government lot); or lot or block number; provide specific legal description information regarding the Physical Iocation of this well. County Dakota Section No. 26 Township No. 115N Range No. 20W Quarter (or Government Lot) Lot No_ Block No. Addition Name Outiot Tract MN Unique Well No. or Sealing Record No. 30 6 a ! Q WELL STATUS (Check onl one box) WELL IS: ■ In Use (1) lot in Use (2) ck Sealed by Licensed Well Contractor (3)* *Call MDH to verify sealing record is on file. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, check the well status as not in use. Also see "IMPORTANT NOTE" on page 1. Date of Well Construction or Sealing .. - -/3 Name of Licensed Well Contractor Aar en *,'("04: e -C._ If well is not in use, is there an MDH variance for this well? 0 Yes ❑ No If yes, provide the variance tracking number (TN) lithe well is not in use, this well? ❑ Yes If yes, provide the permit is • number there an MDH maintenance permit for No WELL #2 - If the property legal description has more than one section, township, or range number; quarter (or government lot); or. lot or block number; provide specific legal description information regarding the .hysical location of this well. County b1-4bitki1201-4 Section No. to Township No. 11 5 41 Range No. Pe, 1.4) Quarter (or Government Lot) Lot No. Block No. Addition Name Outlot Tract MN Unique Well No. or Sealing Record No. 3.2a q%7 WELL STATUS (Check only one box) WELL IS: ■ In Use (1) 0 Not in Use (2) jg Sealed by Licensed Well Contractor (3)* *Coil NH to verify seating record is on file m If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor,check the well status as not in use. Also see "IMPORTANT NOTE" on page 1. Date of Well Construction or Sealing 1 " / a e r3 Name of Licensed Well Contractor 04it-7 al AA/ P./4-4.- am{G _contractor, If well is not in use, is there an MDH variance for this well? ❑ Yes ❑ No If yes, provide the variance tracking number (TN) lithe well is this well? If yes, provide not • the in use, is there an MDH maintenance permit for Yes D No permit number SKETCH MAP -- Sketch the location of the well(s) and include estimated distances from roads, streets, and buildings. If more than one well en property, use the well location number above to identify each well. The location of the well(s) must be provided. If the location of a well is not known, have the well located by a person qualified to locate wells, such as a licensed well contractor. 40- szeve_ 9rZ Information provided on this form is classified as public information under Minnesota Statutes, Chapter 13. To request this document in another format, call 651-201-4600. Deaf and hard -of -hearing: TTY 65I-201-5797. Visit the MDH Well Management Section, Well Disclosure Program website at: www. health.state.mn.us/divs/eMvells/disclasures. HE -01387-12 IC# 140-03S5 origslweIl disclosure certificate -instructions 7/21120118 WELL OR BORING LOCATION MINNESOTA DEPARTMENT OF HEALTH Minnesota Well and Boring Sea11n No30 829 0 r County Nam WELL AND BORING SEALING RECORD Minnesota Unique Well No Minnesota Statutes, Chapter 1031 or W -series No n=+•ax•.1 - ..+n o(J�e Tow a 6,r.�../ . Township No 1 /5 Range No Lo SecLon No 6 E$aLol4ern pg } iu, ag% y Dale Sealed 1 013 Date Well or Boring Constructed rye- GPS /y Latitude 14 7 degrees ,3 m n leel", �sse�o nds /9- Depth Before Seatno 0' it f r Origin Depth i ° d fE LOCATION Langdude �anes q,4/ 9 3 degreess__ ,D mmulesJ 9 c +♦ AOUIFE3i(S) STATIC WATER LEVEL Numenrai Street Address or Fire Number and City of Well or Bonng Looaonn ® Single Aquder ❑ Mulhaquder �g ('�,,., 9-G, 0 : MING Measured ❑ Estimated Date Measured() / 7 f �+- 5 i o, ? .42'; �/dlgdG 1/ '':. E� Well ❑Mond WaIF Show exact tocabon e1 well or boring nit snap or wgell ar boring in seam grid wib'X' pi hi T locators, EnvWalSore Holply ❑Env Bore Hole ❑Other 7 3 0 [ 'below ❑above land carfare roads,and bullrings l,Nf SS N1 , "" _ e p CASINGTYPE(S) -rAr L('�0..4 , Steel ❑ Plastic 0 Tile D Other 0111111 2 D ��' WELLHEAD COMPLETION �U��E� iy [1, , 1 S:144. j9` ���� ���� ,rr OuLaida 0 Well House ❑ At Grade Inside 0 Basement Offset ❑ PNers AdaplerlLJnd 0 guTied 0 Wel! Pd WBII P4 ❑Buried 0 Other 0Other — r tvd•--1 i 50-V - I P5,71,2OWN R S NFME/COMPANY iti ylE ,. �+ CA } Diameter DepSet v1 oversize hole/ Annular space initially grouted'Przl y er s =In()addn 4 ditforerd than well lent n address incnrated oho -re F7 in ham5 to 7 fl ❑Yes : No ❑Yes ❑ No 0 Unkn own 14-. 0/ . 41 3r — _ in from 10 11 ❑ Yes ❑ No ❑ Yos 0 No ❑ Unknown in from Ii d 0 Yes 0 No ❑ Yes ❑ No 0 Unhirown WELL OWNERS NAMEtCQMPANY NAME SCREEN/OPEN HHHOOLE'y-/, 1 1 wnmo Well owners ria address d drHerent than prooerty owner s addres indicated abode from r m fl Open Hole from to 9t OBSTRUCTIONS a Rods/Drop Pipe ❑ Check Valve(s) [] 04hns ❑ Fdi ❑ No Obstruction Type of Obstructions (Describe.' : .,11ts•„0I sir+ _ GEOLOGICAL MATEFI1AL COLOR A FROMtT) r Obstructions removed Yes ❑ Na Describe C.�74Q -e...uJL. .p_ -Q waAtanakHARDNMS 111101 !mown, indicate esbrnaled lDrmatan lag g tram nearby we11 or boonPULS.• • Type L I s6 Removed 0 Not Present ❑ Other .-154.41.4i ha -g a ETHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, OR CASING AND BORE HOLE e_7( No Annular Space Frosts ❑ Annular Space Grouted with Townie Pipe ❑ Casing PerforabonfRernova€ in from to ft 0 Perloraled ❑ Removed IR from 10 h 0 Penprnted ❑ Removed .-a 31 of Perforator ❑ Omer ittoir. S P2013 4'.. GROUTING MATETIAL.(5) One bag otcenrertt =. 94 tba, one bag of bentonite = 90 itis I :r"r VI ', Til''I�� F - �^ �f-- j �ry Grouting Motorial 7 " Ze/ivi-e... cm 6 la / L� / , yards .3 tags _ sc' tram ID ft yards- bags — 0 from to 11 yards bags OTHER WELLS AND BORINGS REMARKS, SOURCE OF DATA, DIFFICULTIES IN SEWING Other unsealed and unused wefl or banng on property? 0 Yes 4r No How many/ ..1.4....../.4.€4.7.„ i • Q ,2 141,-€.A ` „ • E ms ° LICENSED OR REGISTERED CONTRACTOR CERTIRCATIDN This well or boring was sealed in accordance with Minnesota Rules, Chapter 4725 The elimination conrained in tins report i rue lathe best of my knowledge 41 �e>✓ R 1 6. i0 µr%o 4-. s`� 3q' t/ifsco7y2-t,-1-.1-. GG' License Rerstraaart No poY• !� 56 0 l/ . W /, f SQ J CLT. n.r�vy4 �- / S Q v�r1f ! 4 2.0 ,L3 - i/cz � Jszer Ca+Lind aprosarrtaWe Srgnalure Cerbled Pep No Date DAN Q [� H 3 0 8 2 9 0 . DEPT OF HEALTH COPY Name t Wet; arBoring HE -014314-13 ICS 140-0423 J f v`,COTA_u°9-•7:tiiFluT DEPARTI ENT OF HEALTH Well and Boring 3 4 9 4 WELL OR BORING LOCATION MINNESOTA Sealing No 2 2 Ccunty Name WELL AND BORMG SEALING RECORD Minnesota Unique Well No fvlrnnesata Statutes, Chapter 1631 ;mss N°I 8 ane. 1) Township No / /.S Range NO 7-0 Section No ,- �> Frrernostsmslg 1 4 F E, Date Sealed (50 72-001- Dale Wel or Bonn Consllutned GPS LOGIA 10N - decimal degrees (to tour deranal Latitude LOngdude places) {4- Depth Before Sealing 1 `' fl , 1 r 8' Origami Deplh,J IIl STATIC WATER LEVEL ',Al fame-noel Sweet Address or Fire Number and City .5 7 5 / iv., 1.c"0- L. of etl or Bering Lcra W y' � f'� /���r __ ✓4L' a +.A.QUIFER{S). y� Sn 1n Agur nr 0 Multraquder ] Q r rye it D I 4,6 .52-Measured !' WELUEORINB Water•SupplyWell ❑Mona Well 0 Estimated Dale Measured / /y Show exact loratos al wet or bonng rn se04on grid with'X' m,H S • r ry ei. p 1, B_ S ch map 09 well or ho 9 locayon, showing property 1 r ads, and buildings 0 Env Bore Hoe ❑ 011ie( 6 I h p below 0 above lend surface TVP CASING E[S) 4,SIeo1 D Pinsk ❑ Tile ❑ Other - - --- - . -- ' _ .._ 0 _3C51- I- O .0-1---43.,.‹...2)„9,14,.... 10 smart ty,�` --1-- - -F`-"-1--- ET dry.--.- -,. WELLHEAD COMPLETION thdsrde ❑Well House ❑ At Grade Ins+dn 0 BasemOrit Offset PRless Adapter/Wet 0 Boned 0 Well Pa D Honed ❑ Well Prt 0 Offer t'1` , _r _F T II 'b �5J,�'9I amu". -- • _ X__ Mire H^ ,ef I s.�} i 2- 2. ` ?ii. 1 'T S j ) ❑ Other I---1 M,:e— 1 SO z. t P ERTY OWNER'S NA FJ(' MpAN!' NAME �� �fi' CASINGS) diatly graed' O,ameler py Depth /y 0o9 in ovcr,rze holey Mouton space min yon 0 1. 1 '7 ' it 0 Yes ep No 0 Yes 0 NO 0 Untmown owesPrsspe ows martens address 4 levant then *ler i .,addrms rr,arrated stovem '1 of a° A rn from to h 0 Yes Q No ❑Yes ❑ Na ❑Unknown C,"t - - ,r'^ 1s ; y' J- .i- n y in tom to 11 0 Yes 0 No D Yes 0 No 0 Unknown WELL OWNERS NAME,COMPANY NAME SCREEN/OPEN HOLE LL �y from I 3 to 1 L GY n Open Hole hon to fl Well awn es maf,rrg eddress d dllemet then properry owners address ideated above Crl n { fl r(UI`i „ I 3 Screen OBSTRUCTIONS ❑ Rods/Drop Pare ❑ Chec �Vlalve(s) 4,4.1-4,0i �' Debris I] Fdl• No�Oh�rvvchon ggq/k {Describe)"I ! /}��'-- rind * R•r dhl Type of Obstructors {Describe)6^�+ 0bssu cons remaved7 @ Yes No DescrtbeA'v`•�K -y• •'-eA 1 GEOLOGICAL MAT'EMAL COLOR HA'HWE s an ForNXOON FROM TO PUMP ¥ 3 _•t`- ,6.0 " F' .�:/1��i.G%I+ 1 41,2-' pX �fxn ''P'8. It not known, indr�le eshmaled lormabon log from nearby wen or bonng o r- ii..: 0 1 St Type ❑ Removed Not Present ❑ Other ^'7 /Z,, /�y 156 2•°i-.0 EE'THOD USED �R4'hieco: -"�, a. 2 CASINGS, OR CASING AND BORE HOLE L Ne Annular .Space l(IJ AF Annular S,tl •uled with Tremia Pipe [f Casrrg Pedvreton/Removal ••,Jiom ��r !•/ 9 ❑Perfor�ed ❑ Removod .,/y� i�� � � .�r dr-•'7�-l's��. r 0. �� '0" ' 1 om�4� i{.r1� 10 11 ❑ Perforated [] Removed _ fid+ C')'l..e, J e. 7�- p�¢-'� �� ��� 1LF•tf— .44. -x+•4.. g �,r.�yy,�l • Type o1 Petto ...:= )'1 �� ...41.49. 1 • cL �L "`-� - t-41`•r�\i VARIANCE y�> ` eat- -_ s Was a vanance grant- •' , • , -'• - MOH . ■ Yes Si No TN/ � t�orr�1I �'p � pp�� -2. U•'�,Ic,r9f7.1 m,�,' • .GR�'t •t/Lf /� GROUTING MATFRAL(S)-14,, arrteg9•ofcement=94Nta,onebagalbentonite=5Olhs) �y -"teat r r"&14 -3 f l" Grouting Matenal ramto tf yards bags ,4./�,�d•- .(a y n �T to 11 yards bags /31.114-11,-ter-a-,.. ��-a� 3 b 8 n P- 7 ofrom V from 10 9 Tads bags OTHER WELLS AND BORINGS Other and unused we41 or banng on property/ ❑Yes 135 No How many? REMAR S, SOUR C OF DATA, WIFICUL.71F.,, 4...a,4...a,iNG 60 CL. ze Q - /� 2 It ,_„ J_ ,-14/,p. •�•+� ,g •"`� �'��'^"' -(s-l.•g »e / rrL4 aZ-01-re - d- d 42,.: fir+* ✓ „,•E'.iG ...-T'L.4a-?s,.4.„,„ 101/ 7 d, iLe-d -+-- -44- .s 83 (7 18 ` 1 v M�� ,�Q ' 'd' � t t ' "' vn099lOd LICENSED OR REGISTERED CONTRACTOR CERTIFICATION Thus wall orbonng was sealed m accordance wah Minnesota Rotes. Chapter 4725 The information contained in this report is Ime to Iha 10±01 nI my kn0wl2dge a 1 ns Business Name... yam_ `� 3 o Bross 79c a s,r "' t * �f �f T twn No 7f ! 5-L9frre- d %-Orr! 1 Reentobee Srgnafura Co:tired Rep No Care H 2e•ei,-Pg•V �! WINN DEFT OF HEALTH COPY 0 32 L l� 9 i L L} +.�- Name of Person Sealing Wolf or Boring HE -09434-14 !CO 140-0423 eCRV Summary Page 1 of 6 (http://www.revenue.state.mn.us/Pages/default.aspx) View Summary for Completed eCRV ID 298866 County:Dakota Auditor ID:299389 Submit Date: 12/18/2014 12:30 PM Accept Date: 12/23/2014 11:33 AM us liifontion Organization name: Community Cares, Inc. Address: 22260 Dodd Blvd, Lakeville, MN 55044 US Foreign address: No Phone number: 6127906395 Email: ** MN Revenue does not display SSN/Tax ID fields due to privacy. Comments: iforittatiur Organization name: Estate of Sandra Jean Melby Address: 3080 220th St. E., Farmington, MN 55044 US Foreign address: No Phone number: 6514634760 Email: *** MN Revenue does not displaySSN/Fax ID fields due to privacy. *** Comments: .0 https://www.mndor.state.mn.us/eery search/app/openPublicEcrvView?ccryld-2988668zco... 8/31/2018 eCRV Summary Page 2 of 6 rup atIur County: Dakota Legal description: That part of the East Half of the Southeast Quarter described as follows: Commencing at a point on the South line of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest corner of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East Half of the Southeast Quarter, a distance of 165 feet; thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; - thence East 360 feet; thence South 450 feet, more or less to the South line of said Section 26; . thence Westerly along said South line a distance of 312 feet more or less to the point of beginning .. Excepting therefrom that part of the above described property which lies North of the South 33.00 feet thereof and South of a fine which is 75.00 feet North of, measured at right angles to and parallel with, the following described line: Commencing at the Southeast corner of said Section 26; thence North along the East line of the Southeast Quarter of said Section 26 a distance of 37 .00 feet to the point of beginning of the line to be described: thence West parallel with the South line of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the left, having a central angle of 3 degrees 59 minutes 00 seconds and a radius of 7639.44 feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential curve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531.11 feet, said point being on the South line of said Section 26, and said line there terminating. All in Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota Deeded acres: 3.54 Will use as primary residence: No What is included in the sale: Land and Buildings New construction: No Property Location(s) Property location: 5751 150th St. W., Apple Valley, 55124 Parcel ID(s) Parcels to be split or combined: No Primary parcel ID: 01-02600-76-020 Additional parcel ID(s): Use(s) Planned use: Residential / Single family home Primary use: No Planned use: Warehouse / General warehouse Primary use: Yes Prior use: Residential / Single family home https://www.mndor.state.mn.us/ecrv_searchlapplopenPublicEcrvView?ecrvId=298866&co... 8/31/2018 eCRV Surnmary Page 3 of 6 .41 Agreernetit lrt(carUfa itort Date of Deed or Contract: 12/18/2014 Purchase amount: $425,000.00 Downpayment amount: $42,500.00 Seller -paid amount: $0.00 Delinquent Special Assessments Paid by Buyer: Financing type: Contract for Deed Finance Arrangements Mortgage or contract amount: $382,500.00 Payment type: Monthly Payment amount: $500.00 Payment is for: Principal Only interest rate type: Fixed Interest rate: 0.0% Number of payments: 5 Balloon payment amount: $380,500.00 Balloon payment date: 05/01/2015 Personal Property Personal property included: No Sales Agreement Questions Buyer leased before sale: Seller leased after sale: Partial interest indicator: Received in trade: No Purchase over two years old: $0.00 No Lease option to buy: No Minimum rental income guaranteed: No Contract payoff or deed resale: Like exchange (IRS section 1031): No No No No Buyer paid appraisal: No Appraisal value: $0.00 Seller paid appraisal: No Appraisal value: $0.00 Buyer and seller related: No Organization tax exempt: Yes Government sale: No Foreclosed, condemned or legal proceedings: No Gift or inheritance: No Name change: No Buyer owns adjacent property: No Public promotion: Yes Significant different price paid: No Comment on price difference: https://www.mndor.state.mn.us/ecrv_searc}v'app/openPubiicEcrvV iew?ecrvl d=298866&co... 8/31/2018 eCRV Summary Page 4 of 6 Submit date: 12/18/2014 12:30:12 PM Submitter: Deborah Bloemke Organization: R. Glenn Nord & Associates, P.A. Email: rgnord@frontier.com Phone number: 952-469-4948 Comments: Terms Accepted by the Submitter: I declare under penalty of law that I have examined the information entered and submitted on this form, and, based on what I know and believe to be true, the information entered on this form is complete and correct. haps://wA,Nvw.tnndor.state.mn.us/ecrv_search/app/openPublicEcrvView?ecrvId=298866&co... 8/31/2018 eCRV Summary Page 5 of 6 County ID: 19 Deed type code: Contract for Deed Deed document ID: Sales agreement net amount: $425,000.00 Sales Price Adjustment(s) Property Attributes Year structure built: 1920 Parcel new construction percent: Gross Building Area: Deeded acres: 3.54 Parcel water influence: None Neighborhood code: Exempt wetland: No Exempt native prairie: No Property Type(s) Property Group: Residential Property Type: Residential Primary type: No Exempt: No Contributing parcels: 1 Property Group: Commercial Property Type: Commercial Primary type: Yes Exempt: No Contributing parcels: 1 County Assessment Land value: $267,500.00 Assessment Year: 2015 Building value: $120,600.00 Land value: $50,000.00 Assessment Year: 2015 Building value: $0.00 Total market value: $438,100.00 County Recommendation for County Study Good for study: County Recommendation for State Study Good for study: No Reject reason -1: Exempt Party Sale - 03 Parcel (s) (primary parcel listed first) Parcel ID: 01-02600-76-020 Seq: Jurisdiction: Apple Valley SD: Rosemount -Apple Valley -Eagan CER: CPI: Site privacy and security (http://www.revenue.state.mn.us/use of information/Pages/Privacy and Security.aspx) https://www.mndor.state.mn.us/ecrv_search/app/openPublicEcrvViev r?ecrvld=298866&co... 8/31/2018 eCRV Summary Page 6 of 6 https://www.mndor.state.mn.us/ecrv_search/app/openPublicEcrvView?ecrvld=298866&co... 8/31/2018 Minnesota Department of Agriculture Page 1 of 2 General Regulatory Inspection Minnesota Department of Agriculture Food and Feed Safety Division 6512016027 625 Robert ST N Saint Paul, MN 5 51 55-2 538 No. Of Risk Factor/intervention Violations N/A No. Of GRP Violations IN/A Start Date: 4/27/2016 End Date: 4/27/2016 inspection ID : 19747 Establishment: COMMUNITY CARES Address: 5751 150th St City/State: Apple Valley, MN Zip: 55124 County: Dakota License/Permit#: License Holder: COMMUNITY CARES INC inspection Reason: Follow-up Risk Category: Medium Risk Telephone: 6127906395 Regulatory Actions 57. Additional Regulatory Actions Out Item Number Violation of Code Observations and Corrective Actions Violations cited in this report must be corrected within the timeframes below Comment Correct By Date Repeat Violation 57. MS 31.09, 34A Food items as noted in this report have been voluntarily destroyed as they 4/27/2016 are in violation of MN Statutes 31.09 and 34A and are in a condition unfit for human food. The disposal will be under the supervision of a representative of MDA without recourse to the State of Minnesota and the voluntary destruction of the product(s) does not preclude any legal action that may be found appropriate. (The firm has disposed of all yogurt and hard cooked eggs placed under embargo on 4/12/2016 and kept in the refrigerated semi -trailer. Product was moved by the firm under supervision into a roll off dumpster and then denatured with bleach placed on the product in the dumpster by the MDA inspector. This dumpster was stated by the firm to be picked up today by Dicks Sanitation Incorporated and brought to a transfer station.) 57. MS 31.09, CONDEMNATION NOTIFICATION - Under the authority of Minnesota 4/27/2016 34A.11 Statutes sections 31.09 and 34A.11 Subd 3,. the court has determined that a detained or embargoed food is adulterated, misbranded, or in violation of this chapter or rules adopted under this chapter and is condemned. (2 pallets of hard cooked eggs in pails in the refrigerated semi trailer have been condemned on site into a dumpster on site. 3 pallets of pre-packaged yogurt have been condemned on site into a dumpster during this inspection. All product condemned and disposed of has been placed in the dumpster on site under supervision of the MDA inspectors. Ms. Miller stated she will send a copy of the dumpster destruction records from Dicks Sanitation to Compliance Officer Anderson.) 57. MS 34A.11 EMBARGO RELEASE - The Embargo dated 4/12/2016 and placed by 4/27/2016 Yes Raymond Starin, Stephanie Anderson under authority of Minnesota Statutes Section 31.09 & 34A.11 or MN Rule 4626.1805 , with product located at 5751 159th Street West, Apple Valley, MN 56124. is hereby released with product disposition referenced in this report (All product placed under embargo on 4/12/2016 is hereby released and has either been placed under condemnation notification or released back to the responsible party. Product released from embargo includes pails of hard cooked eggs, cases of candy and yogurt in a refrigerated semi -trailer_ Assembled pre-packaged meals in boxes kept in the leased garage space adjoined to Community Care's office, along with cases of canned vegetables, all food in the two -door upright refrigerator in the garage, the upright freezer, fruit cups and produce in the leased garage space. The firm is taking the small boxes of pre-packaged meals, candy and cases of canned vegetables in a personal vehicle to Crossroads Church in Lakeville, MN. All other food was identified as for personal use.) Additional Notes Page 2 of 2 A Notice of Inspection was issued on 4/27/2016 to Ms. Mary Miller, Note Taker for Community Cares. Ms. Mary Miller identified herself as able to represent Community Cares today to allow for this inspection. The following photos were obtained for documenting product that was placed under embargo and then product being released from embargo. Photos were taken of the food condemned on site. This includes but is not limited to photos of product in the leased garage, and the refrigerated semi -trailer. This inspection is being conducted as a follow-up inspection due to orders issued by this inspector on the inspection report from this date: 4/12/2016. Comments: 1. Food items placed under embargo on 4/12/2016 in the leased garage were visually noted to have been moved from their position when placed under embargo and embargo stickers removed from cases of food products. Photos of this product were taken immediately upon seeing the product by the inspectors. 2. Mary Miller stated that Community Cares holds monthly, and bi-monthly meetings here on site in their office connected to the leased garage space. 3. Apple Walley Police Department Detective, Brian Bones assisted MDA inspectors Raymond Starin and Stephanie Anderson today during the inspection. Visit Date Person in Charge Person In Charge Sig. Sig Date Inspector Inspector Signature Sig Dale Time In Time Out 4/27/2016 Mary M4er IIA„ltik , 4/27/2016 Raymond Stavin ggipoif 12(e ; 4/27/2016 9'35 AM 11:20 AM 4/27/2016 Mary Miler Th'Atik , 4/27/2016 Stephanie Anderson'If"'- ; . : 4/27/2016 935 AM 11:20 AM In accordance with the Americans with the Disabilities Act, this information is available in alternative forms of communication upon request by calling 651/201-6000. TTY users can call the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider AG -03210 05/14/13 Dick's Sanitation inc. Disposal/Recycle Verification FORM Driver Name:- Etaei,L Date hauled: 7 - License Plate#: / Time hauled: - a )f p.m. Customer: t✓tl f4 -j F k S Customer site address: Material hauled: -575( 15n s1 -- /1 -epic p/ & y Disposal / processing / recycling facility: id - - 4 # c f lir Load NET Weight c2 tons lbs Other information: The witness below verifies that the above material from the above site address has been dumped at the destination documented. In addition, that none of the material disposed of, destroyed or recycled was removed from the load before transporting to the above disposal facility. If a destroy was requested -that the material intended for destroy was completely covered or processed at the above facility. ness's Signature \- X _)` DSI Accou MlanagesS nature Office Use Only Please Fax Verification Form to: Fax: Faxed by: Date: Dick's Sanitation inc. 8984 215th Street West Lakeville, MN 55044 Phone. 952-469-2239 Fax: 952-469-1146 WWW.dickssanitation.com a 2 rn 2 ..':. f..1.., : ...; 7:- -2, !'-...'.. ,..1... . ,.. zi..i..: . ---I Qpi MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Photograph and Video Documentation Community Cares Inc. License No: NA 5751 150th St. W., Apple Valley, MN Inspector: Raymond Starin 55124 4127/2016 Figure 2: All yogurt and hard cooked eggs were removed from the refrigerated semi -trailer and placed in the dumpster. The firm called Dicks Sanitation Inc. who stated they would be coming that day to remove the dumpster from the property. Page 2 of 11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. MINNESOTA DEPARTMENT of AGRICULTURE DAIRY AND FOOD INSPECTION Photograph and Video Documentation Establishment: Community Cares Inc. License No: NA Address & City: 5751 150'h Si W., Apple Valley, MN Inspector: Raymond Starin 55124 Inspection Date: 4/27/2016 Figure 3: This garage on the property is where other food products were found inside and placed under embargo during the previous inspection. The garage door on the left gives access to where CCI holds their meetings as stated by Mary Miller. The garage door on the right, is where food was found and placed under embargo during the previous inspection. Mary Miller stated that this garage on the right is leased. where someone is using it 10 perform auto repairs. Page 3of11 These photographs or video are a representation (-veal 1 photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Qi MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Community Cares Inc. Photograph and Video Documentation License No' NA Address & City: 5751 150th St. W., Apple Valley, MN Inspector: Raymond Starin 55124 Inspection Date: 4/27/2016 Figure 4: Upon entering the leased garage space, product that was placed under embargo with MDA embargo stickers were found moved from their position when placed under embargo and embargo stickers removed from items. 4 Cases of canned vegetables were previously on top of the pallet of orange and white boxes, but now seen moved to on top of a cabinet on the left. A white box with an embargo sticker on it was previously ontop of the pallet of orange and white boxes with the case of bottled water on top. It was then found with no contents and the box moved to the stack of boxes on the right, on top of the bottled water. Page 4 of 11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Establishment: Address & City: Inspection Date: MINNESOTA DEPARTMENT Photograph and Video OF AGRICULTURE Documentation DAIRY AND FOOD INSPECTION Community Cares Inc. License No: NA 5751 154=" St. W., Apple Valley, MN Inspector: Raymond Starin 55124 4/27/2016 Figure 5: Upon entering the leased garage space. product that was placed under embargo with MDA embargo stickers were found moved from their position when placed under embargo and embargo stickers removed from items. 4 Cases of canned vegetables were previously on top of the pallet of orange and white boxes. but now seen moved to on top of a cabinet on the left. A white box with an embargo sticker on it was previously ontop of the pallet of orange and white boxes with the case of bottled water on top. It was then found with no contents and the box moved to the stack of boxes on the right. on top of the bottled water. Page 5of11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Ad.QMINNESOTA DEPARTMENT v OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Community Cares Inc. 5751 150th St. W., Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Figure 6: This white box under embargo was located on top of the pallet of white and orange boxes during the last inspection with the case of bottled water on top of it. Shown here the box has moved from it's position when placed under embargo and placed ontop of the bottled water. Page 6of11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Qpii MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Community Cares Inc. 5751 150th St. W., Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Page 7 of 11 Figure 7: The contents o the white box shown in figure 6 is shown here to he rmpty with no product inside. These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Establishment: Address & City: Inspection Date: MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Community Cares Inc. 5751 1501h St. W., Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Figure 8: The contents of one of the opened cases of canend green beans shown in figures 4 and 5 are shown here. Page 8of11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Establishment: Address & City: Inspection Date: MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Community Cares Inc. 5751 1501h St. W., Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Figure 9: Volunteers removed all product from the leased garaged space and into Mary Miller's personal vehicle noted in the inspection report. Page 9 of 11 o hand deliver to a church These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. ANQMINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Community Cares Inc. 5751 150th St. W., Apple Valley. MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Figure E0: !lard cooked eggs and yougurt placed in the blue dumpster ,,iiuwn in figure 2 was denatured with bleach by the MDA inspector. Raymond Starin. Page 10 of 11 These photographs or video are a representation of all photos or video taken. See original file forit'll set o f photo or video documentation taken during this inspection. AinQMINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Community Cares Inc. 5751 150th St. W., Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Stern Figure 11: Inside the leased garage space there was found to he microwave and toaster over in place and plugged in. Page 11 of 11 These photographs or video are a representation of all photos or video taken. See original file for full set of photo or video documentation taken during this inspection. Adiri MINNESOTA DEPARTMENT OF AGRICULTURE DAIRY AND FOOD INSPECTION Establishment: Address & City: Inspection Date: Community Cares Inc. 5751 150th St. W. Apple Valley, MN 55124 4/27/2016 Photograph and Video Documentation License No: NA Inspector: Raymond Starin Figure 1: The refrigerated semi -trailer that was placed under embargo was released from embargo. Volunteers for CCI disposed of the hard cooked eggs and yogurt in this trailer. Cases of candy were removed and placed in Mary Miller's personal vechicle to take to a church to donate. Page 1 of 11 These photographs or video are a representation of ull photos or video taken. See original. file for full set of photo or video documentation taken during this inspection. Receipt:# 433023 ASCD $46 00 No Deliquent Taxes Return to: ERECORDING PARTNERS NETWORK 400 SECOND AVENUE SOUTH MINNEAPOLIS MN 55401 11 11 1 1 3126485 1 11 1 1111 1 Recorded on: 5!9 2016 12 13 PM By. CGK, Deputy Office of the County Recorder Dakota County, Minnesota Joe' 7 County Recorder Joe, T Seckmar Treasuper ASSIGNMENT OF CONTRACT FOR DEED 11 Date: (rlay y cloI (, FOR VALUABLE CONSIDERATION, COMMUNITY CARES, INC., a Minnesota non-profit corporation, Assignor, hereby sells, assigns, gives, conveys, and transfers unto to MILLER FARMS OF LAKEVILLE, LLC, a Minnesota limited liability company, Assignee, the Purchaser's interest in that certain Contract for Deed dated the 1 8th day of December, 2014, made by the Estate of Sandra Jean Melby, Decedent, single at the time of death, as Seller, and Community Cares, Inc., a Minnesota non-profit corporation, as Purchaser, recorded and filed in the office of the County Recorder of Dakota County, Minnesota on the 24th day of December, 2014, as Document Number 3044343 for the sale and conveyance of real property in Dakota County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION Subject to all the covenants of Assignor in said Contract for Deed contained, which Assignee hereby assumes and agrees to keep and perform. Assignor hereby covenants that Assignor has good right to sell, transfer and assign said Contract For Deed. 5 EXHIBIT DCA TITLE File # /6,-6 914 Abstract A- Torzens No.__Z_of 3 COMMUNITY CARES, INC. By: C\ (Danny Harjo) Its President STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 9M day of (`rt �yy , 201 o by Danny 14ccrl r, , the Presicient of COMMTJNITY CARES, INC., a Minnesota non-profit corporation, on behalf the corporation. vwvvvVVVVVVAAAMAAAMAAAWAAA fi f ` • • DEBORAH K. BLOEMKE • Notary Public -Minnesota 6' MyCcmmLsSiari Expires Jan 31,202D THIS DOCUMENT DRAFTED BY: R. GLENN NORD, P.A. 20686 Holyoke Avenue P. O. Box 427 Lakeville, MN 55044 4101,0, k . l3.r rias , Notary Public Tax statements for the real property described in this instrument should be sent to: Miller Farms of Lakeville, LLC. Attn: Joseph M. Miller, Chief Manager 22260 Dodd Boulevard Lakeville, MN 55044 2 EXHIBIT A LEGAL DESCRIPTION That part of the East Half of the Southeast Quarter described as follows: Commencing at a point on the South line of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest corner of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East Half of the Southeast Quarter, a distance of 165 feet; thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; thence East 360 feet, thence South 450 feet, more or less to the South line of said Section 26; • thence Westerly along said South line a distance of 312 feet more or less to the point of beginning. •Excepting therefrom that part of the above described property which Hes North of the South 33.00 feet thereof and South of a line which is 75.00 feet North of, measured at right angles to and parallel with, the following described line: Commencing at the Southeast corner of said Section 26; thence North along the East line of the Southeast Quarter of said Section 26 a distance of 37.00 feet to the point of beginning of the line to be described: thence West parallel with the South line of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the left, having a central angle of 3 degrees 59 minutes 00 seconds and a radius of 7639.44 feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential curve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531,11 feet, said point being on the South line of said Section 26, and said line there terminating. All in Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota. Receipt:# 433023 CCD $46.00 CONV $5 00 SDI $1.65 Ne Deligi:ent Taxes T"ansfer Entered CRV Not Required Return to: ERECORDING PARTNERS NETWORK 400 SECOND AVENUE SOUTH MINNEAPOLIS MN 55441 QIUIT CLAIM DEED STATE DEED TAX DUE HEREON: 1.65 Date: Play '1, ao11- 11 1 1 3126486 1 1 11 1 11 1 11 Reco ded on: 519 2016 12 13 PM Sy CGK. Deputy Office of the County Recorder Dakota County, Minnesota Joe; T Seckmar. Cobnty Reorder Jcer T Seckroa- Treasurer Audrtor FOR VALUABLE CONSIDERATION, COMMUNITY CARES, INC., a Minnesota non-profit corporation, a Minnesota non-profit corporation, Grantor, hereby conveys and quitclaims to MILLER FARMS OF LAKEVILLE, LLC, a Minnesota limited liability company, Grantee, real property in Dakota County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION together with all hereditaments and appurtenances. TOTAL CONSIDERATION OF THIS TRANSFER IS $500.00 OR LESS. Check box if applicable The Seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described property have not changed since the last previously filed well disclosure certificate. CA 1'1-1 LE File 4 Abstract Torrens No. ef rj COMMUNITY CARES, INC. By: (Danny H Its: President. STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 'frh day of May , 2016 by DANNY HARJO, the President of Community Cares, Inc., a Minnesota non-profit corporation, on behalf the corporation. DEBORAH K. BLOEMKE -�� �,f Notary Public Minnesota MyCommissEanExpires Jan 31,202d, THIS DOCUMENT DRAFTED BY: R GLENN NORD, P.A. 20686 Holyoke Avenue P. O. Box 427 Lakeville, MN 55044 lD, olpfma h t4, a. 1U Notary Public Check here if part of all of the land is Registered (Torrens) Tax statements for the real property described in this instrument should be sent to: Miller Farms of Lakeville, LLC. Attn: Joseph M. Miller, Chief Manager 22260 Dodd Boulevard Lakeville, MN 55044 2 EXiIBIT A LEGAL DESCRIPTION That part of the East Half of the Southeast Quarter described as follows: Commencing at a point on the South line of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest corner of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East Half of the Southeast Quarter, a distance of 165 feet; thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; " thence East 360 feet; thence South 450 feet, more or less to the South line of said Section 26; • thence Westerly along said South line a distance of 312 feet more or less to the point of beginning. • Excepting therefrom that part of the above described property which lies North of the South 33.00 feet thereof and South of a line which is 75.00 feet North of, measured at right angles to and parallel with, the following described line: Commencing at the Southeast corner of said Section 26; thence North along the East line of the Southeast Quarter of said Section 26 a distance of 37.00 feet to the point of beginning of the line to be described: thence West parallel with the South line of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the left, having a central angle of 3 degrees 59 minutes 00 seconds and a radius of 7639.44 feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential curve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531.11 feet, said point being on the South line of said Section 26, and said line there terminating. All In Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota. Receipt:# 433023 PRD $46 00 CONV $5.00 SDT $1402.50 WELL $54.00 L^ie i CeTJ cacti F Wee' No Deligcenl Fates T-arsier EnlereC CRV Filed Return to, ERECOROING PARTNERS NETWORK 400 SECOND AVENUE SOUTH MINNEAPOLIS MN 55401 11 11 1 1 3126488 1 1 11 1 11 1 1 Recorded on: 5/912016 12.13 PM 7y CG. Deputy Office of the County Recorder Dakota County, Minnesota Joe' T BecK "a.' Count Recorder Joe. T Beckr a, ; reas:,er A-,Ghtw PERSONAL REPRESENTATIVE'S DEED OF SALE STATE DEED TAX DUE HEREON: $1,402.50 " 7G eCRV # 4654 10 Date: May G, c20/4 FOR VALUABLE CONSIDERATION, Deborah Lee Juenke, as Personal Representative of the Estate of Sandra Jean Melby, Decedent, single at the time of death, Grantor, hereby conveys to Miller Farms of Lakeville, LLC, a Minnesota limited liability company, Grantee, real property in Dakota County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION Check here if part or alt of the land is Registered (Torrens) together with all hereditaments and appurtenances belonging thereto. This deed is given in fulfillment of the certain Contract For Deed dated December 18, 2014 filed December 24, 2014 as Document No. 3044343 in Dakota County, Minnesota. Check box if applicable The Seller certifies that the seller does not know of any wells on the described real property. X A well disclosure certificate accompanies this document. /6/ 3 I am familiar with the property described in this instrument and I certify that the status and number of wells on the described property have not changed since the last previously filed well disclosure certificate. SCA File Abstract Ton -ens No.___V 11 STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this e Estate of Sandra Jean Melby By: AP -) dee enc ^-�2Q (Deborah Lee J ke) Its Personal Representative day of May , 20 ft , by DEBORAH LEE JUENKE, as Personal Representative of the Estate of SANDRA JEAN MELBY, Decedent. � KAREN K. JOHNSON NOTARY PUBLIC -MINNESOTA ''',00.406''MyComission Expires Jan, 31,2020 THIS DOCUMENT DRAFTED BY: R. GLENN NORD, P.A. 20686 Holyoke Avenue P. O. Box 427 Lakeville, MN 55044 Tax statements for the real property described in this instrument should be sent to: Miller Farms of Lakeville, LLC. Attn: Joseph M. Miller, Chief Manager 22260 Dodd Boulevard Lakeville, MN 55044 2 LEGAL EXHIBIT A LEGAL DESCRIPTIO Y That part of the East Half of the Southeast Quarter described as follows: Commencing ata point on the South line of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest corner of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East Half of the Southeast Quarter, a distance of 165 feet; thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; thence East 360 feet; thence South 450 feet, more or less to the South line of said Section 26; thence Westerly along said South fine a distance of 312 feet more or less to the point of beginning. Excepting therefrom that part of the above described property which lies North of the South 33.00 feet thereof and South of line which Is 75.00 feet North of, measured at right angles to and parallel with, the following described line: Commencing at the Southeast corner of said Section 26; thence North along the East line of the Southeast Quarter of said Section 26 a distance of 37.00 feet to the point of beginning of the fine to be described: thence West parallel with the South line of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the left, having a central angle of 3 degrees 59 minutes 00 seconds and a radius of 7639.44 feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential curve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531.11 feet, said point being on the South line of said Section 26, and said line•there terminating, All in Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota. WELL DISCLOSURE OF GRANTEE IN DEED Minnesota Uniform Conveyancing Blanks Pursuant to Contract for Deed Form 10.71 (2010) Date: May 6, 2016 Check applicable box: ❑ The Grantee certifies that the Grantee Does not know of any wells on the Described real property. A Well disclosure certificate accompanies document or has been electronically Filed. (If electronically filed, insert WDC Number ❑ I am familiar with the property described In this instrument and I certify that the Status and number of wells on the described Real property have not changed since the Last previously filed well disclosure Certificate. Grantee: Miller Farms of Lakeville, LLC A`7 : Jos- :h M. Miller, Sole Member Note: This form cannot be recorded independently. It must be attached to a deed given pursuant to a contract for deed. MPH Minnesota Department of Health Well Management Section 625 North Robert Street P.O. Box 64975 St. Paul, Minnesota 55164-0975 651-201-4600 or 800-383-9808 www.health.state.mn.us/divs/eh/wells Well Disclosure Certificate Number: 1013334 Submittal Date: 6 -May -2016 Well Disclosure Certificate Electronically Filed Pro t er Inrotarnation County Number of Wells Seller Property Legal Provided? Sketch Map Provided? Well Documents Provided? Contract for Deed? Submitter Signature Submitter Represents DAKOTA 2 ESTATE OF SANDRA JEAN MELBY Yes Yes Yes Yes TARA GLAD Buyer Property Buyer and Mailing Address . to ," G,osin s Property Buyer No. 1 Name Address Phone Number MILLER FARMS OF LAKEVILLE, LLC Contact: JOSEPH M. MILLER 22260 DODD BLVD LAKEVILLE, MN 55044 612-790-6395 Well Information Well No. 1 Minnesota Unique Well Number 11308290 or Sealing Record Number County DAKOTA Property ID No. 010260076020 Location SE Qtr of Section 26 Township 115 Range 20 Address 5751 150TH STREET W APPLE VALLEY 55124 Well Status Scaled Date or Year Sealed 04'04'2013 Name of License Well 11ARTMANN WELL COMPANY LLP Contractor Well No. 2 Minnesota Unique Well Number or Sealing Record Number County Property ID No. Location Address Well Status Date or Year Sealed Name of License Well Contractor H322494 DAKOTA 010260076020 SE Qtr of Section 26 Township 115 Range 20 5751 150TH STREET W APPLE VALLEY 55124 Sealed 10/07/2014 HARTMANN WELL COMPANY Legal Description: That part of the East Half of the Southeast Quarter described as follows: Commencing at a point on the South line of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest corner of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East half of the Southeast Quarter, a distance of 165 feet; thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; thence East 360 feet; thence South 450 feet, more or less to the South line of said Section 26; thence Westerly along said South line a distance of 312 feet more or less to the point of beginning. Excepting therefrom that part of the above described property which lies North of the South 33.00 feet thereof and South of a line which is 75.00 feet North of, measured at right angles to and parallel with, the following described line: Commencing at the Southeast corner of said Section 26; thence North along the East line of the Southeast Quarter of said Section 26 a distance of 37.00 feet to the point of beginning of the line to be described; thence West parallel with the South line of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the Ieft, having a central angle of 3 degrees 59 minutes 00 seconds and a radius of 7639.44 feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential curve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531.11 feet, said point being on the South line of said Section 26, and said line there terminating. All in Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota. MINI ..IOTA DEPARTMENT OF HEALTH WELL DISCLOSURE CERTIFICATE PLEASE TYPE OR PRINT ALL INFORMATION Indicate Total Nurnber of Wells on Property 71 Fill out a separate well information page if more than two wells are located on the property. E. WELL LOCATION LEGAL DESCRIPTION WELL #1- lithe property legal description has more than one section, township, or range number; quarter (or government lot); or lot or block number; provide specific legal description information regarding the Physical Iocation of this well. County Dakota Section No. 26 Township No. 115N Range No. 20W Quarter (or Government Lot) Lot No_ Block No. Addition Name Outiot Tract MN Unique Well No. or Sealing Record No. 30 6 a ! Q WELL STATUS (Check onl one box) WELL IS: ■ In Use (1) lot in Use (2) ck Sealed by Licensed Well Contractor (3)* *Call MDH to verify sealing record is on file. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, check the well status as not in use. Also see "IMPORTANT NOTE" on page 1. Date of Well Construction or Sealing .. - -/3 Name of Licensed Well Contractor Aar en *,'("04: e -C._ If well is not in use, is there an MDH variance for this well? 0 Yes ❑ No If yes, provide the variance tracking number (TN) lithe well is not in use, this well? ❑ Yes If yes, provide the permit is • number there an MDH maintenance permit for No WELL #2 - If the property legal description has more than one section, township, or range number; quarter (or government lot); or. lot or block number; provide specific legal description information regarding the .hysical location of this well. County b1-4bitki1201-4 Section No. to Township No. 11 5 41 Range No. Pe, 1.4) Quarter (or Government Lot) Lot No. Block No. Addition Name Outlot Tract MN Unique Well No. or Sealing Record No. 3.2a q%7 WELL STATUS (Check only one box) WELL IS: ■ In Use (1) 0 Not in Use (2) jg Sealed by Licensed Well Contractor (3)* *Coil NH to verify seating record is on file m If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor,check the well status as not in use. Also see "IMPORTANT NOTE" on page 1. Date of Well Construction or Sealing 1 " / a e r3 Name of Licensed Well Contractor 04it-7 al AA/ P./4-4.- am{G _contractor, If well is not in use, is there an MDH variance for this well? ❑ Yes ❑ No If yes, provide the variance tracking number (TN) lithe well is this well? If yes, provide not • the in use, is there an MDH maintenance permit for Yes D No permit number SKETCH MAP -- Sketch the location of the well(s) and include estimated distances from roads, streets, and buildings. If more than one well en property, use the well location number above to identify each well. The location of the well(s) must be provided. If the location of a well is not known, have the well located by a person qualified to locate wells, such as a licensed well contractor. 40- szeve_ 9rZ Information provided on this form is classified as public information under Minnesota Statutes, Chapter 13. To request this document in another format, call 651-201-4600. Deaf and hard -of -hearing: TTY 65I-201-5797. Visit the MDH Well Management Section, Well Disclosure Program website at: www. health.state.mn.us/divs/eMvells/disclasures. HE -01387-12 IC# 140-03S5 origslweIl disclosure certificate -instructions 7/21120118 WELL OR BORING LOCATION MINNESOTA DEPARTMENT OF HEALTH Minnesota Well and Boring Sea11n No30 829 0 r County Nam WELL AND BORING SEALING RECORD Minnesota Unique Well No Minnesota Statutes, Chapter 1031 or W -series No n=+•ax•.1 - ..+n o(J�e Tow a 6,r.�../ . Township No 1 /5 Range No Lo SecLon No 6 E$aLol4ern pg } iu, ag% y Dale Sealed 1 013 Date Well or Boring Constructed rye- GPS /y Latitude 14 7 degrees ,3 m n leel", �sse�o nds /9- Depth Before Seatno 0' it f r Origin Depth i ° d fE LOCATION Langdude �anes q,4/ 9 3 degreess__ ,D mmulesJ 9 c +♦ AOUIFE3i(S) STATIC WATER LEVEL Numenrai Street Address or Fire Number and City of Well or Bonng Looaonn ® Single Aquder ❑ Mulhaquder �g ('�,,., 9-G, 0 : MING Measured ❑ Estimated Date Measured() / 7 f �+- 5 i o, ? .42'; �/dlgdG 1/ '':. E� Well ❑Mond WaIF Show exact tocabon e1 well or boring nit snap or wgell ar boring in seam grid wib'X' pi hi T locators, EnvWalSore Holply ❑Env Bore Hole ❑Other 7 3 0 [ 'below ❑above land carfare roads,and bullrings l,Nf SS N1 , "" _ e p CASINGTYPE(S) -rAr L('�0..4 , Steel ❑ Plastic 0 Tile D Other 0111111 2 D ��' WELLHEAD COMPLETION �U��E� iy [1, , 1 S:144. j9` ���� ���� ,rr OuLaida 0 Well House ❑ At Grade Inside 0 Basement Offset ❑ PNers AdaplerlLJnd 0 guTied 0 Wel! Pd WBII P4 ❑Buried 0 Other 0Other — r tvd•--1 i 50-V - I P5,71,2OWN R S NFME/COMPANY iti ylE ,. �+ CA } Diameter DepSet v1 oversize hole/ Annular space initially grouted'Przl y er s =In()addn 4 ditforerd than well lent n address incnrated oho -re F7 in ham5 to 7 fl ❑Yes : No ❑Yes ❑ No 0 Unkn own 14-. 0/ . 41 3r — _ in from 10 11 ❑ Yes ❑ No ❑ Yos 0 No ❑ Unknown in from Ii d 0 Yes 0 No ❑ Yes ❑ No 0 Unhirown WELL OWNERS NAMEtCQMPANY NAME SCREEN/OPEN HHHOOLE'y-/, 1 1 wnmo Well owners ria address d drHerent than prooerty owner s addres indicated abode from r m fl Open Hole from to 9t OBSTRUCTIONS a Rods/Drop Pipe ❑ Check Valve(s) [] 04hns ❑ Fdi ❑ No Obstruction Type of Obstructions (Describe.' : .,11ts•„0I sir+ _ GEOLOGICAL MATEFI1AL COLOR A FROMtT) r Obstructions removed Yes ❑ Na Describe C.�74Q -e...uJL. .p_ -Q waAtanakHARDNMS 111101 !mown, indicate esbrnaled lDrmatan lag g tram nearby we11 or boonPULS.• • Type L I s6 Removed 0 Not Present ❑ Other .-154.41.4i ha -g a ETHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, OR CASING AND BORE HOLE e_7( No Annular Space Frosts ❑ Annular Space Grouted with Townie Pipe ❑ Casing PerforabonfRernova€ in from to ft 0 Perloraled ❑ Removed IR from 10 h 0 Penprnted ❑ Removed .-a 31 of Perforator ❑ Omer ittoir. S P2013 4'.. GROUTING MATETIAL.(5) One bag otcenrertt =. 94 tba, one bag of bentonite = 90 itis I :r"r VI ', Til''I�� F - �^ �f-- j �ry Grouting Motorial 7 " Ze/ivi-e... cm 6 la / L� / , yards .3 tags _ sc' tram ID ft yards- bags — 0 from to 11 yards bags OTHER WELLS AND BORINGS REMARKS, SOURCE OF DATA, DIFFICULTIES IN SEWING Other unsealed and unused wefl or banng on property? 0 Yes 4r No How many/ ..1.4....../.4.€4.7.„ i • Q ,2 141,-€.A ` „ • E ms ° LICENSED OR REGISTERED CONTRACTOR CERTIRCATIDN This well or boring was sealed in accordance with Minnesota Rules, Chapter 4725 The elimination conrained in tins report i rue lathe best of my knowledge 41 �e>✓ R 1 6. i0 µr%o 4-. s`� 3q' t/ifsco7y2-t,-1-.1-. GG' License Rerstraaart No poY• !� 56 0 l/ . W /, f SQ J CLT. n.r�vy4 �- / S Q v�r1f ! 4 2.0 ,L3 - i/cz � Jszer Ca+Lind aprosarrtaWe Srgnalure Cerbled Pep No Date DAN Q [� H 3 0 8 2 9 0 . DEPT OF HEALTH COPY Name t Wet; arBoring HE -014314-13 ICS 140-0423 J f v`,COTA_u°9-•7:tiiFluT DEPARTI ENT OF HEALTH Well and Boring 3 4 9 4 WELL OR BORING LOCATION MINNESOTA Sealing No 2 2 Ccunty Name WELL AND BORMG SEALING RECORD Minnesota Unique Well No fvlrnnesata Statutes, Chapter 1631 ;mss N°I 8 ane. 1) Township No / /.S Range NO 7-0 Section No ,- �> Frrernostsmslg 1 4 F E, Date Sealed (50 72-001- Dale Wel or Bonn Consllutned GPS LOGIA 10N - decimal degrees (to tour deranal Latitude LOngdude places) {4- Depth Before Sealing 1 `' fl , 1 r 8' Origami Deplh,J IIl STATIC WATER LEVEL ',Al fame-noel Sweet Address or Fire Number and City .5 7 5 / iv., 1.c"0- L. of etl or Bering Lcra W y' � f'� /���r __ ✓4L' a +.A.QUIFER{S). y� Sn 1n Agur nr 0 Multraquder ] Q r rye it D I 4,6 .52-Measured !' WELUEORINB Water•SupplyWell ❑Mona Well 0 Estimated Dale Measured / /y Show exact loratos al wet or bonng rn se04on grid with'X' m,H S • r ry ei. p 1, B_ S ch map 09 well or ho 9 locayon, showing property 1 r ads, and buildings 0 Env Bore Hoe ❑ 011ie( 6 I h p below 0 above lend surface TVP CASING E[S) 4,SIeo1 D Pinsk ❑ Tile ❑ Other - - --- - . -- ' _ .._ 0 _3C51- I- O .0-1---43.,.‹...2)„9,14,.... 10 smart ty,�` --1-- - -F`-"-1--- ET dry.--.- -,. WELLHEAD COMPLETION thdsrde ❑Well House ❑ At Grade Ins+dn 0 BasemOrit Offset PRless Adapter/Wet 0 Boned 0 Well Pa D Honed ❑ Well Prt 0 Offer t'1` , _r _F T II 'b �5J,�'9I amu". -- • _ X__ Mire H^ ,ef I s.�} i 2- 2. ` ?ii. 1 'T S j ) ❑ Other I---1 M,:e— 1 SO z. t P ERTY OWNER'S NA FJ(' MpAN!' NAME �� �fi' CASINGS) diatly graed' O,ameler py Depth /y 0o9 in ovcr,rze holey Mouton space min yon 0 1. 1 '7 ' it 0 Yes ep No 0 Yes 0 NO 0 Untmown owesPrsspe ows martens address 4 levant then *ler i .,addrms rr,arrated stovem '1 of a° A rn from to h 0 Yes Q No ❑Yes ❑ Na ❑Unknown C,"t - - ,r'^ 1s ; y' J- .i- n y in tom to 11 0 Yes 0 No D Yes 0 No 0 Unknown WELL OWNERS NAME,COMPANY NAME SCREEN/OPEN HOLE LL �y from I 3 to 1 L GY n Open Hole hon to fl Well awn es maf,rrg eddress d dllemet then properry owners address ideated above Crl n { fl r(UI`i „ I 3 Screen OBSTRUCTIONS ❑ Rods/Drop Pare ❑ Chec �Vlalve(s) 4,4.1-4,0i �' Debris I] Fdl• No�Oh�rvvchon ggq/k {Describe)"I ! /}��'-- rind * R•r dhl Type of Obstructors {Describe)6^�+ 0bssu cons remaved7 @ Yes No DescrtbeA'v`•�K -y• •'-eA 1 GEOLOGICAL MAT'EMAL COLOR HA'HWE s an ForNXOON FROM TO PUMP ¥ 3 _•t`- ,6.0 " F' .�:/1��i.G%I+ 1 41,2-' pX �fxn ''P'8. It not known, indr�le eshmaled lormabon log from nearby wen or bonng o r- ii..: 0 1 St Type ❑ Removed Not Present ❑ Other ^'7 /Z,, /�y 156 2•°i-.0 EE'THOD USED �R4'hieco: -"�, a. 2 CASINGS, OR CASING AND BORE HOLE L Ne Annular .Space l(IJ AF Annular S,tl •uled with Tremia Pipe [f Casrrg Pedvreton/Removal ••,Jiom ��r !•/ 9 ❑Perfor�ed ❑ Removod .,/y� i�� � � .�r dr-•'7�-l's��. r 0. �� '0" ' 1 om�4� i{.r1� 10 11 ❑ Perforated [] Removed _ fid+ C')'l..e, J e. 7�- p�¢-'� �� ��� 1LF•tf— .44. -x+•4.. g �,r.�yy,�l • Type o1 Petto ...:= )'1 �� ...41.49. 1 • cL �L "`-� - t-41`•r�\i VARIANCE y�> ` eat- -_ s Was a vanance grant- •' , • , -'• - MOH . ■ Yes Si No TN/ � t�orr�1I �'p � pp�� -2. U•'�,Ic,r9f7.1 m,�,' • .GR�'t •t/Lf /� GROUTING MATFRAL(S)-14,, arrteg9•ofcement=94Nta,onebagalbentonite=5Olhs) �y -"teat r r"&14 -3 f l" Grouting Matenal ramto tf yards bags ,4./�,�d•- .(a y n �T to 11 yards bags /31.114-11,-ter-a-,.. ��-a� 3 b 8 n P- 7 ofrom V from 10 9 Tads bags OTHER WELLS AND BORINGS Other and unused we41 or banng on property/ ❑Yes 135 No How many? REMAR S, SOUR C OF DATA, WIFICUL.71F.,, 4...a,4...a,iNG 60 CL. ze Q - /� 2 It ,_„ J_ ,-14/,p. •�•+� ,g •"`� �'��'^"' -(s-l.•g »e / rrL4 aZ-01-re - d- d 42,.: fir+* ✓ „,•E'.iG ...-T'L.4a-?s,.4.„,„ 101/ 7 d, iLe-d -+-- -44- .s 83 (7 18 ` 1 v M�� ,�Q ' 'd' � t t ' "' vn099lOd LICENSED OR REGISTERED CONTRACTOR CERTIFICATION Thus wall orbonng was sealed m accordance wah Minnesota Rotes. Chapter 4725 The information contained in this report is Ime to Iha 10±01 nI my kn0wl2dge a 1 ns Business Name... yam_ `� 3 o Bross 79c a s,r "' t * �f �f T twn No 7f ! 5-L9frre- d %-Orr! 1 Reentobee Srgnafura Co:tired Rep No Care H 2e•ei,-Pg•V �! WINN DEFT OF HEALTH COPY 0 32 L l� 9 i L L} +.�- Name of Person Sealing Wolf or Boring HE -09434-14 !CO 140-0423 eCRV Summary Page 1 of 6 (http://www.revenue.state.mn.us/Pages/default.aspx) View Summary for Completed eCRV ID 298866 County:Dakota Auditor ID:299389 Submit Date: 12/18/2014 12:30 PM Accept Date: 12/23/2014 11:33 AM us liifontion Organization name: Community Cares, Inc. Address: 22260 Dodd Blvd, Lakeville, MN 55044 US Foreign address: No Phone number: 6127906395 Email: ** MN Revenue does not display SSN/Tax ID fields due to privacy. Comments: iforittatiur Organization name: Estate of Sandra Jean Melby Address: 3080 220th St. E., Farmington, MN 55044 US Foreign address: No Phone number: 6514634760 Email: *** MN Revenue does not displaySSN/Fax ID fields due to privacy. *** Comments: .0 https://www.mndor.state.mn.us/eery search/app/openPublicEcrvView?ccryld-2988668zco... 8/31/2018 eCRV Summary Page 2 of 6 rup atIur County: Dakota Legal description: That part of the East Half of the Southeast Quarter described as follows: Commencing at a point on the South line of Section 26, Township 115 North, Range 20 West, said point being 264 feet East of the Southwest corner of the East Half of the Southeast Quarter of said Section 26; thence Northerly and parallel to the West line of said East Half of the Southeast Quarter, a distance of 165 feet; thence Westerly and parallel to the South line of said Section 26, a distance of 48 feet; thence North 285 feet; - thence East 360 feet; thence South 450 feet, more or less to the South line of said Section 26; . thence Westerly along said South line a distance of 312 feet more or less to the point of beginning .. Excepting therefrom that part of the above described property which lies North of the South 33.00 feet thereof and South of a fine which is 75.00 feet North of, measured at right angles to and parallel with, the following described line: Commencing at the Southeast corner of said Section 26; thence North along the East line of the Southeast Quarter of said Section 26 a distance of 37 .00 feet to the point of beginning of the line to be described: thence West parallel with the South line of said Section 26 a distance of 250.70 feet; thence West along a tangential curve to the left, having a central angle of 3 degrees 59 minutes 00 seconds and a radius of 7639.44 feet, a distance of 531.11 feet; thence Westerly tangent to the last described curve a distance of 1.31 feet; thence Westerly along a tangential curve, to the right, having a radius of 7639.44 feet and a central angle of 3 degrees 59 minutes 00 seconds, a distance of 531.11 feet, said point being on the South line of said Section 26, and said line there terminating. All in Section 26, Township 115 North, Range 20 West, Dakota County, Minnesota Deeded acres: 3.54 Will use as primary residence: No What is included in the sale: Land and Buildings New construction: No Property Location(s) Property location: 5751 150th St. W., Apple Valley, 55124 Parcel ID(s) Parcels to be split or combined: No Primary parcel ID: 01-02600-76-020 Additional parcel ID(s): Use(s) Planned use: Residential / Single family home Primary use: No Planned use: Warehouse / General warehouse Primary use: Yes Prior use: Residential / Single family home https://www.mndor.state.mn.us/ecrv_searchlapplopenPublicEcrvView?ecrvId=298866&co... 8/31/2018 eCRV Surnmary Page 3 of 6 .41 Agreernetit lrt(carUfa itort Date of Deed or Contract: 12/18/2014 Purchase amount: $425,000.00 Downpayment amount: $42,500.00 Seller -paid amount: $0.00 Delinquent Special Assessments Paid by Buyer: Financing type: Contract for Deed Finance Arrangements Mortgage or contract amount: $382,500.00 Payment type: Monthly Payment amount: $500.00 Payment is for: Principal Only interest rate type: Fixed Interest rate: 0.0% Number of payments: 5 Balloon payment amount: $380,500.00 Balloon payment date: 05/01/2015 Personal Property Personal property included: No Sales Agreement Questions Buyer leased before sale: Seller leased after sale: Partial interest indicator: Received in trade: No Purchase over two years old: $0.00 No Lease option to buy: No Minimum rental income guaranteed: No Contract payoff or deed resale: Like exchange (IRS section 1031): No No No No Buyer paid appraisal: No Appraisal value: $0.00 Seller paid appraisal: No Appraisal value: $0.00 Buyer and seller related: No Organization tax exempt: Yes Government sale: No Foreclosed, condemned or legal proceedings: No Gift or inheritance: No Name change: No Buyer owns adjacent property: No Public promotion: Yes Significant different price paid: No Comment on price difference: https://www.mndor.state.mn.us/ecrv_searc}v'app/openPubiicEcrvV iew?ecrvl d=298866&co... 8/31/2018 eCRV Summary Page 4 of 6 Submit date: 12/18/2014 12:30:12 PM Submitter: Deborah Bloemke Organization: R. Glenn Nord & Associates, P.A. Email: rgnord@frontier.com Phone number: 952-469-4948 Comments: Terms Accepted by the Submitter: I declare under penalty of law that I have examined the information entered and submitted on this form, and, based on what I know and believe to be true, the information entered on this form is complete and correct. haps://wA,Nvw.tnndor.state.mn.us/ecrv_search/app/openPublicEcrvView?ecrvId=298866&co... 8/31/2018 eCRV Summary Page 5 of 6 County ID: 19 Deed type code: Contract for Deed Deed document ID: Sales agreement net amount: $425,000.00 Sales Price Adjustment(s) Property Attributes Year structure built: 1920 Parcel new construction percent: Gross Building Area: Deeded acres: 3.54 Parcel water influence: None Neighborhood code: Exempt wetland: No Exempt native prairie: No Property Type(s) Property Group: Residential Property Type: Residential Primary type: No Exempt: No Contributing parcels: 1 Property Group: Commercial Property Type: Commercial Primary type: Yes Exempt: No Contributing parcels: 1 County Assessment Land value: $267,500.00 Assessment Year: 2015 Building value: $120,600.00 Land value: $50,000.00 Assessment Year: 2015 Building value: $0.00 Total market value: $438,100.00 County Recommendation for County Study Good for study: County Recommendation for State Study Good for study: No Reject reason -1: Exempt Party Sale - 03 Parcel (s) (primary parcel listed first) Parcel ID: 01-02600-76-020 Seq: Jurisdiction: Apple Valley SD: Rosemount -Apple Valley -Eagan CER: CPI: Site privacy and security (http://www.revenue.state.mn.us/use of information/Pages/Privacy and Security.aspx) https://www.mndor.state.mn.us/ecrv_search/app/openPublicEcrvViev r?ecrvld=298866&co... 8/31/2018 eCRV Summary Page 6 of 6 https://www.mndor.state.mn.us/ecrv_search/app/openPublicEcrvView?ecrvld=298866&co... 8/31/2018 In Re the Application to Apple Valley Board of Appeals and Adjustment Applicant: Miller Farms of Lakeville, LLC Subject Property: 5751 150th Street West Apple Valley, MN 55124 SWORN DECLARATION OF MATTHEW S. SAAM STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) Matthew S. Saam, being first duly sworn upon oath, states and deposes as follows: 1. I am the Public Works Director for the City of Apple Valley and have worked in this capacity since October 2015. Prior to my employment with the City of Apple Valley, I have worked in the capacity of a public works director for another municipal jurisdiction from 2005- 2015. facts: 2. In my capacity as the Apple Valley Public Works Director, I know the following A. According to the City's records maintain in the course of city business, Mr. Joseph Miller, through a contractor (Giles), inquired with the City in July 2015 to construct and install water and sanitary sewer lines on property located at 5751 150th Street West in Apple Valley for connection to the City's municipal services. B. Extension and connection to City water and sanitary sewer services to the Property required the City's trunk charges/fees for water, sanitary sewer, and storm sewer be due and payable by the property owner. In 2016, I worked directly with Joseph Miller and his attorneys) to determine the amount of the trunk charges/fees and to negotiate an Assessment Agreement for deferred payment of the trunk fees. C. Mr. Joseph Miller, as the authorized agent of the property owner, entered into a Special Assessments agreement with the City for the water, sanitary sewer, and storm sewer trunk fees. 1 Attached as Exhibit A is a true and correct copy of the Special Assessment Authorization (agreement) signed by Joseph M. Miller, as Chief Manager for Miller Farms of Lakeville, LLC, along with the Staff Report when approved by City Council. The water and the storm sewer trunk fees that were imposed and assessed for the Property were calculated at the commercial property rate in effect under the City's 2016 Fee Schedule. Mr. Joseph Miller and Miller Farms of Lakeville, LLC, by signing and entering into the Special Assessment Authorization on November 15, 2016, explicitly agreed to pay the water and storm sewer trunk fees at the commercial property rate. Attached as Exhibit B is a true and correct copy of the City of Apple Valley's 2016 Fee Schedule (See page 20 of the Schedule for trunk fees). I DECLARE UNDER PENALTY OF PERJURY THAT EVERYTHING 1 HAVE STATED IN THIS DOCUMENT IS TRUE AND CORRECT. Dated: n1/4 2 1S• ••as as • as ApAValley ITEM: COUNCIL MEETING DATE: SECTION: Description: 4.M. December 8, 2016 Consent Agenda Approve Special Assessment Waiver of Hearing with Miller Farms of Lakeville for 5751 150th Street W. Staff Contact: Matt Saam, Public Works Director Department / Division: Public Works Department ACTION REQUESTED: Approve a Special Assessment Hearing Waiver with Miller Fauns of Lakeville. SUMMARY: The owner, Miller Farms of Lakeville, of the property located at 5751 150th Street West (see attached location map) is interested in extending, sanitary sewer and water service to the property. A search of the City's records has indicated that the property has not previously paid the required trunk fees for City utilities. The trunk fees are required to be paid prior to any property connecting to City utility services. Based on the current fee schedule the trunk fees due on the property total 534,922.25. The property owner has requested that the City assess the property for the full cost of the trunk fees. In order to do this. the City requires the property owner consent to the assessment amount, waive their rights to a public hearing, and waive their right to contest or object to the assessment. The property owner has agreed to all of these conditions. The City Attorney's office has drafted the attached waiver- form which the property owner has signed. Following approval of the assessment waiver, additional items will still be needed from the property owner. Specifically, a public sewer and water line will need to be extended which will require an agreement with the City in addition to a sewer and water permit. BACKGROUND: N BUDGET IMPACT: As an assessment, the City will initially fund the entire cost of the trunk fees and be paid back over time. The terms of the assessment waiver call for the City to be paid back over a seven year period at an interest rate of 5%. At the end of the seven years, the City will have recovered all expenses. ATTACHMENTS: Agreement Map EXHIBIT WAIVER OF HEARING Special Assessment Authorization The undersigned hereby request and authorize the City of Apple Valley, Minnesota (Dakota County) to assess the following described property owned by there: Parcel ID: 01-02600:76-020 Part of East One -Half of the Southeast Quarter of Section 26, Township 115, Range 20 for the benefit received from the following improvements: Improvement Rate Quantity Amount Sanitary Sewer Trunk Water Trunk $288/SAC Uni $2,521 /acre 1 $ 2x8.0(1 3.15 acre S 7,941.15 Storm Sewer Trunk 58,474/acre 3.15 acre 5261)93.10 TOTAL ASSESSMENT $34,922.25 The 534,922.25 shall be spread over seven (7) years at an aruival interest rate of five percent (5%) against any retraining unpaid balances. The uncicrsignned, for themselves and their successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and al] Bearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments provided for in. Minnesota Statutes §429.081. DATEl7. /,2 -) f4' /6- STATE ( STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this da) of - er , 201_b by Joseph M. Miller, the Chief Manager of'Miller Farms of Lakeville, LLC, a Minnesota Iintite liability company. 3'1_1 ..._!_ 1 - f N t Public OWNER Miller Partes of Lakeville, LLC, a Minnesota limited liability company By(Joserch M. Miller, Chief Mvlanapci JOSHUA KALEN LEPP II NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/31/17 THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Malenda, Solfest, Hills & Bauer P A. 14985 Glacier Avenue, Suite 525 Apple Valley, MN 55124 (952)432-3136 MGD/Intd (66-37105 WAIVER OF HEARING Special Assessment Authorization The unclersignctl Iterek recluesr and authorr,r the (.!1 of Apple Valley, .Minnesota (1)akot;t ourttt) to assess the tollou•mng desctihcd propene owncei b thtcrn: Parcel 11); 111 tu 70-2112 htc-1 fal l of I1rc S, qtthcast Quarter of Scrtion 26, .l ou•nshtp 1 1 5, hang 2tt for the benefit received from the follouut} iinprotcrnerlts: Improvement Rate Sanitary Sewer 'Trunk S288/SAC t' nit water -l'runk Storrs Sctt ct Trunk 52,721 /acre S8,474 /acre Quantity _1Amount 1 S 288.00 E �LI 6/0 3.13 acre S7.,941J5 rj`f.L,) 3.15 acre 1 526,693.10 1-_,)6130 TOTAL ASSESSMENT $34,92225 The $31,992.25 shall be spread over seven (7) tears at an annual interest rate of five percent against ant remaining unpaid balances. The undersigned, for itself and its successors and assigns, hereby these assessments, and further, he rch\ waives notice of anr• and all hearini ohm -irons to ant technical clel4rts in ani proceedings rclate•d to these a ua;vcs the right to nhjct:t to or appeal from these assessments provided fc 542�.)frfii. 1)\11 J);// ,' ±- /G COUNTY OF I);\kt /FA c )1C'I` FR: Miller 1 arms of 1Lakeville,LLC, a Minnesota limited I lbI itt conipant 1os4:hh : 1 Miller, Chief Manager fi w CHRISTINA ANN PERSAt17 •' NOTARY PUBLIC • MINNESOTA } t/Y Comm SSION EXPIRES DI '31.2 The foregoing instrunturn was acknowledged before nae this i.S day of November, 2016, h1 Joseph I!J Miller, the Chief Manager of hiller Farms of Lakeville, 1.1.( a'tlinnesola limited lin compatt. l\ntarA Public ] 1115 INS FRUMENT WAS DRAFT Et) HV Duugttt4•n. Atulcnda, 511111'ar, Fhlh A, tiauc:_ P.A 14985 fllailrr Avenue. Suite 525 Apple 1'allcc MN cs IZ4 (952i 432-3116 MGD,'Inxl 166-37 ! fr.; 5751 150TH STREET- WEST 250' 500' CITY OF APPLE VALLEY SITE EXHIBIT 11(;l:RI obo 000.7 00000 000 'Valley § % z 0 Job Number 465060 0 0 G= Deferral Code -0Ch 0CD 00 CNI §% � .- 8 E } / &E o 2t tO ev 2 A 3 G District 01 SPECIAL ASSESSMENTS INPUT FORM Date 12/21116 SA Project # 010648 SA Name Trunk Chgs {t0 characters including spaces) Number of Years 7 First Year Int Rate .05000 Regular Int Rate .05000 Check Activity : New Assessment X Assessment Chg (5 decimal places. ie 7 = .07000) 1.5 decimal places.. le 7% = .07000) TOTAL ASSESSMENT AMOUNT Assessment Delete 1 Year Delinquent Annuals Division # REMINDER: All one year special assessment amounts must end with even cents (so that the amount can be split into two equal installments on the tax statement). PID # (new format) (no spaces or dashes) SA Proj # (6 digits) SA AMOUNT DEFERRED CODE YEAR CERTIFIED (current yr) ACTION CODE 010260076020 010648 34,922.25 2016 A ACTION CODE A Add C Change D Delete FOR DIVISIONS O Old Parcel N New Parcel DEFERRED CODE S Sr Citizen C City Def Approved by the Apple Valley City Council at its December 10, 2015, meeting. Fees are effective January 1, 2016. TABLE OF CONTENTS Description Page Cemetery Fees 1 City Fees and Materials 3 Consultant and Engineering Fees 5 Inspections and Permits 6 Licenses and Permits 10 Subdivision and Development Fees 15 Utility Fees 20 Zoning 24 Description Current Fees Required by Section CEMETERY FEES Original Cemetery Lot Sales/Addition 10: Resident with marker privileges Non-resident with marker privileges Resident with monument privileges Non-resident with monument privileges Additions 11/12: Resident with marker privileges Non-resident with marker privileges Resident with monument privileges Non-resident with monument privileges Addition 30: Resident with marker privileges Non-resident with marker privileges Resident with monument privileges Non-resident with monument privileges Additions 31/32/33: Resident with marker privileges Non-resident with marker privileges Resident with monument privileges Non-resident with monument privileges Addition 34: Single Boulder Resident Non- resident 51,820.00 $3,640.00 Page 1 $866.00 $1,732.00 $1,190.00 $2,380.00 $1,138.00 $2,276.00 $1,460.00 $2,920.00 $440.00 $880.00 $754.00 $1,508.00 $544.00 $1,088.00 $866.00 $1,732.00 Double Boulder Resident Non-resident $2,060.00 $4,120.00 92.15 Description Current Fees Required by Section Addi Administrative Transfer Columbarium Niche Name Plate (additional or inscription) Columbarium Niche Vase Cremation Boulder Emblem Cremation Boulder Portrait Cremation. Boulder Scroll (each additional) Interment/Opening Fee: Columbarium niche (includes memorialization plaque and one inscription) Cremation boulder (includes 2 scrolls) Vault - adult (over four feet) Vault - child (two feet one -inch to four feet) Vault - cremation Vault - infant (under two feet) Double Niche Single Niche Level Resident Non resident 1 $866.00 $1,732.00 2 $922.00 $1,844.00 3 $978.00 $1,956.00 4 $1 082.00 $2 164.00 5 $1,138.00 $2,276.00 6 $1,026.00 $2,052.00 6 Comer $1,700.00 $3,400.00 Administrative Transfer Columbarium Niche Name Plate (additional or inscription) Columbarium Niche Vase Cremation Boulder Emblem Cremation Boulder Portrait Cremation. Boulder Scroll (each additional) Interment/Opening Fee: Columbarium niche (includes memorialization plaque and one inscription) Cremation boulder (includes 2 scrolls) Vault - adult (over four feet) Vault - child (two feet one -inch to four feet) Vault - cremation Vault - infant (under two feet) Double Niche Resident Non-resident $1,302.00 $2,604.00 $1,378.00 $2,756.00 $1,460.00 $2,920.00 $1,624.00 $3,248.00 $1,702.00 $3,404.00 $1,548.00 $3,096.00 N/A N/A $15.00 $278.00 $145.00 $165.00 $280.00 $215.00 $390.00 $445.00 $955.00 $545.00 $465.00 $380.00 per document Monuments and Markers Locating Fee $120.00 Outer Cremation Container $120.00 Overtime Fee $120.00 Right of Subsequent (Second, Third, etc.) Burial 50% of current lot cost Title Change Fee (Owner Deceased) $50.00 per certificate Weekend/Holiday Fee (any activity) $325.00 Page 2 Description Current Fees Required by Section CITY FEES AND MATERIALS Administrative Processing: Nuisance invoice Special assessment (plus interest as adopted by resolution) Annual Subscriptions (Mailed): City Council agendas City Council meeting minutes Parks and Recreation Advisory Committee agendas Parks and Recreation Advisory Committee meeting minutes Planning Commission agendas Planning Commission meeting minutes Antenna Site Leases: 1 - 9 antennas (annual) Each additional antenna or reserve space of antenna (annual) Annual lease adjustment Escrow - equipment upgrades/modifications (administration and plan review, agreement modifications and amendments, engineering and field inspections) Escrow - new installation (engineering and field inspections) Ground space - 300 sq. ft. Ground space - greater than 300 sq. ft. (annual) New installation application fee (administration review and agreement preparation) Books: City Code book Chapter 153 (subdivisions) Chapter 155 (zoning) Comprehensive Plan book Copies: CD DVD's of meetings Oversized commercial building plans Photocopies Page 3 $50.00 $50.00 $22.00 $58.00 $10.00 $24.00 $20.00 $55.00 $28,900.00 $2,000.00 3.5% or CPI (whichever is greater or negotiable) Actual cost plus 10% Actual cost plus 10% Included in lease $3.00 sq. ft. $2,500.00 $50.00 $5.00 $12.00 $30.00 $5.00 $25.00 $5.00 $0.25 Description Current Fees Required by Section False Alarm Charges: Fourth and each subsequent Fire response in any calendar year Fourth and each subsequent Police response in any calendar year $350.00 $120.00 130.42 Franchise Fees and Other Fees Charged by Franchise Holders: 119 Cable: Percent of gross revenues 5% 1 19.28 Cable: PEG Fee $.50 mo. 119.27(D)(1) Electric: Percent of gross on each account not to exceed $25.00 per month: Single family residential 2% Multiple family residential 2% Commercial/Industrial 2% Institutional 2% Gas: (None established at this time) Maps: Land use $2.50 Street - color (first one to residents/AV businesses no charge) $2.50 Zoning $2.50 Property/Ownership Information from Dakota County PID System (per address) Police & Fire Services: Accident photos (compact disc) Audio tape copies of statements (compact disc) Dog license owners list Finger printing (2 sets of cards) Letters of clear record Police and Fire background check for daycare/foster care Squad car DVD copies 119.52 $5.00 35.25 $5.00 $5.00 $50.00 $10.00 $10.00 $6.00 $5.00 Return Check Charge $30.00 Special Assessment - County Processing $3.00 per parcel Special Assessment Search - Written Copy $20.00 Utility New Customer List - Electronic File $50.00 Zoning Compliance Letter $33.00 Page 4 Description Current Fees Required by Section CONSULTANT AND ENGINEERING FEES City Engineering Design and Contract Administration Fee Table: Construction Cost Fee = % of Construction Cost SO - $250.000.00 7.20% $250,000.00 - 5500,000.00 5.90% 5500.000.00 - $750.000.00 5.40% $750.000.00 - $1,000.000.00 5.10% $1.000.000.00 - $2.000.000.00 4.70% City Engineering Hourly Rates: Assistant City Engineer City Engineer Construction Coordinator Engineering/Construction Technician Engineering Intern Natural Resources Coordinator Public Works Technician Water Quality Technician Legal Hourly Rates (Dougherty. Molenda, Solfest, Hills & Bauer, P.A.): Development work Municipal Attorney Municipal Paralegal Page 5 $115.00 $135.00 $100.00 $85.00 $45.00 $90.00 $75.00 $80.00 $229.69 $149.35 $91.67 153.79 Description Current Fees Required by Section INSPECTIONS AND PERMITS Building Permits and Fire Alarm Systems: 150.04 & 93.21 Total Valuation Fee $1.00 to $500.00 $52.00 501.00 to 2,000.00 $52.00 for the first $500.00, plus $3.70 for each additional $100.00 or fraction thereon, to and including $2,000.00 2,001.00 to 25,000.00 $107.50 for the first $2,000.00, plus $17.50 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 25,001.00 to 50,000.00 $510.00 for the first $25,000.00, plus $13.40 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 50,001.00 to 100,000.00 $845.00 for the first $50,000.00, plus $9.15 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 100,001.00 to 500,000.00 $1,302.50 for the first $100,000.00, plus $7.40 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 500,001.00 to 1,000,000.00 $4,262.50 for the first $500,000.00, plus $6.18 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 1.000.001 00 and up $7,352.50 for the first $1,000,000.00, plus $4.80 for each additional $1,000.00 or fraction thereof. Commercial Flat Rate Permit Fees (plus state surcharge): Commercial roofing Electrical Permits and Inspections (plus state surcharge): Carnival (minimum fee) Commercial: New and existing per feeder More than 200 ampere feeder Concrete encased electrode Existing one or two family dwelling and accessory structure: 0-14 feeders or circuits 15 or more feeders or circuits Existing multi -family structure: 0-9 feeders or circuits 10 or more feeders or circuits Page 6 $433.00 $170.00 $6.90 $17.00 each $39.00 $6.90 each $110.00 per unit $6.90 each $77.00 per unit 150.04 150.04 Description Current Fees Required by Section Luminaire retrofit modifications Manufactured home New one or two family dwelling: Maximum of 400 ampere and 0-30 circuits Maximum of 200 ampere and 31 or more circuits More than 200 ampere New multi -family structures: 0-20 feeders or circuits 21 or more feeders or circuits Outdoor signs, transformers. and outline power Permit fee and/or trip charge (minimum) Power service fee: 0-400 ampere 401-800 ampere 801 ampere and above Reattachment of electrical components for multiple units Reconnection of feeder or circuit Recreational vehicle site Retrofit of existing fixtures Separate bonding inspection Street, parking lot, outdoor lighting, and traffic standard Tech circuits - alarm communication, remote control, and signal circuit (0-50 volts) Transformers for light, heat, and power: 0-10 KVA 11 KVA or more Fire Permits (plus state surcharge): Fire suppression systems - contract valuation multiplies by (minimum $73.00) Underground and above ground fuel tanks - contract valuation multiplies by (minimum $73.00) Heating, Ventilation, Air Conditioning (I-IVAC), and Refrigeration Permits and Inspections (plus state surcharge): Residential fees for -new construction (hunt to IRC): Fireplace Furnace only 1 furnace and 1 A/C More than 1 furnace and/or A/C All other residential (gas lines, bath fans, etc.) Commercial fees (built to IBC) valuation multiplies by (minimum $73.00) Page 7 $0.31 per fixture $39.00 $110.00 $6.90 each $16.90 each $77.00 per unit $6.90 each $5.90 $39.00 $39.00 $65.00 $110.00 $23.00 per unit $2.25 $6.90 $0.30 $39.00 $5.60 $0.92 $16.90 $33.30 $0.0163 $0.0163 $109.00 S109.00 $109.00 $152.00 $62.00 $0.0163 93.21 150.04 150.04 Description Current Fees Required by Section Other Inspections and Fees (plus state surcharge): Health -licensing inspections (minimum 12 hour charge) Investigation fee for work without a permit Inspections for which no fee is specifically indicated (minimum 1/2 hour charge) Inspections outside of normal business hours Move overweight structure Re -inspection fee: First re -inspection Each inspection thereafter Special inspection fee Plan Review Fee: Additional plan review required by changes, additions, or revisions to approved plans (minimum 1/2 hour charge) Commercial electrical plan review Cursory plan review of State reviewed projects for delegated inspections Percent of building permit fee Percent of building permit fee for similar plans previously reviewed Plan review fee for similar plans previously reviewed Pre -plan review fee (no existing permit) (minimum '/2 hour charge) Plumbing Perrnits & Inspections (plus state surcharge): Plumbing installations: Commercial fee (built to IBC) valuation multiplies by (minimum $73.00) Residential fee (built to IRC) per plumbing fixture (minimum $62.00) Backflow prevention Water heater or water softener Public Right of Way Excavation Public Right of Way Obstruction Permit Public Right of Way Management Permit: Excavation permit (up to 100 linear feet) For every 1 linear foot in excess of 100 linear feet Obstruction permit Registration fee Page 8 $62.00 200% of permit fee $62.00 per hour $84.00 per hour $110.00 $31.00 $62.00 $84.00 per trip 150.04 $62.00 per hour $80.00 per hour 25% of permit fee 65% of permit fee 25% of permit fee 25% of permit fee $62.00 per hour $0.0163 $11.50 $62.00 $62.00 $27.00 $150.00 $164.00 $0.18 $55.00 $44.00 150.04 96.06 97.05(A) 97.05 97.05 97.04 Description Current Fees Required by Section Residential Flat Rate Permit Fees (plus state surcharge): Deck Deck repair Demolition Fence over six feet high Mobile home installation Retaining wall over four feet high Retaining wall over eight feet high Roofing (complete roof) Roofing and siding combination (one residential home) Roofing repair Siding Siding repair Spa/Hot tub Swimming pool (above ground) Swimming pool (in ground) Window and door replacement (all changes and installs) $149.00 $112.00 $112.00 $1 12.00 $167.00 $149.00 $185.00 $149.00 $230.00 $112.00 $149.00 $112.00 $73.00 $112.00 $112.00 $112.00 Service Connection Inspection (plus state surcharge): Combination sanitary sewer and water $62.00 Sanitary sewer $62.00 Water $62.00 State Surcharge Subsurface Sewage Treatment System (plus state surcharge) New installation Repair or upgrade 150.04 Determined by state 150.04 $485.00 $75.00 51.58 Vacation of Public Easements $167.00 153.31 Page 9 Description Current Fees Required by Section LICENSES AND PERMITS Adult Uses: Adult establishments Adult accessory use - high impact Investigation fee Change in corporation, partnership, or association Amendment to license $5,000.00 $2,000.00 $1,500.00 $500.00 $75.00 Alcoholic Beverages: 3.2 percent malt liquor: Off -sale $200.00 On -sale $500.00 On -sale temporary (up to 10 days) $50.00 Application fee $250.00 Consumption and display of intoxicating liquor: Private club Public place Intoxicating and concessionaire liquor: Off -sale On -sale: liquor sales under $275,000.00 liquor sales $275,001.00 to $700,000.00 liquor sales over $700,000.00 On -sale club: under 200 members 201 to 500 members 501 to 1000 members 1001 to 2000 members 2001 to 4000 members 4001 to 6000 members over 6000 members On -sale cocktail room On -sale Sunday On -sale temporary liquor (1 to 4 days) Application fee Page 10 $300.00 $300.00 $200.00 $5,300.00 $6,700.00 $8,000.00 $300.00 $500.00 $650.00 $800.00 $1,000.00 $2,000.00 $3,000.00 $600.00 $200.00 $50.00 $500.00 110.19 110.19 110.19 110.24 110.25 111.22(A) 111.25(A) 111.51 111.42 111.42 111.38 111.25 Description Current Fees Required by Section Malt liquor: Off -sale Off -sale Sunday On -sale brewer taproom On -sale Sunday Application fee Wine: On -sale Application fee Additional investigation/application fees: Amendment to license Change in club director, officer, or committee member Change in officer Change in operating manager Change in ov, nership or control Civil penalty: First violation Second violation within 24 months Third violation with in 24 months Fourth violation with in 24 months Annual Residential Parking Permit: Cats: Animal pickup Boarding fee Quarantine boarding for cats Disposal of animal Euthanasia of animal Catteries: Origination fee Annual fee $200.00 $50.00 $600.00 $200,00 $500.00 $1,500.00 $500.00 $100.00 $120.00 $120.00 $120.00 $120.00 $500.00 $750.00 $1,500.00 Determined by City Council 111.41 111.40 111.25 11 1.22(A) 1 1.25(A) 111.37 $30.00 155.373 $30.00 $18.00 per day $18.00 per day $35.00 $25.00 $75.00 $75.00 Christmas Tree Sale Lots: License $105.00 Clean up deposit $200.00 Page 11 91.05 114.21 Description Current Fees Required by Section Coin Operated Amusement Devices: Per location Plus per machine Dogs: 2 -year licenses: Male or female Duplicated tag Animal pickup Boarding fee Quarantine boarding for dogs Euthanasia of animal Disposal of animal Dangerous dog registration: Annual fee Registration tag Warning symbol sign Kennels: Origination fee Annual fee Extractions/Commercial Sand and Gravel: Initial application fee Annual fee Escrow deposit $18.00 $18.00 $20.00 $5.00 $30.00 $25.00 per day $25.00 per day $25.00 $35.00 $75.00 $5.00 $14.00 $75.00 $75.00 $3,800.00 $10,135.00 $10,560.00 1 12.03(A) 91.15 91.20 91.05 150.15(A) Fireworks - Consumer Sales: 120.03 Indoor retail sales $100.00 Outdoor retail sales $350.00 Fuel Dispensing Facility (per fueling position) $67.00 116.02(A) Gambling License Investigation Fee $250.00 112.35 Garbage and Refuse Collections: 50.04 First truck $160.00 Each additional truck $62.00 Page 12 Description Current Fees Required by Section Manufactured 1 tome Park: Application fee Annual inspection fee Additional inspection fee for parks with over 25 occupied lots Final permit fee Massage Therapy Business: Application fee Initial investigation fee Additional investigation/application fees: Change in owner/officer Change in on-site manager Amendment to license Massage Therapist: New application fee Renewal application fee Pawnbroker or Pawnbroker and Precious Metal Dealer: Annual license fee Deposit on investigation Amendment to license New operating officer investigation Transaction records fee Reporting failure fee Photograph failure fee Peddlers and Solicitors: Annual (per person) Temporary (per person) Precious Metal Dealers Only: Annual license fee: 50 or fewer transactions More than 50 transactions Deposit on investigation fee Amendment to license New operating officer investigation Transaction records fee Reporting failure lee Photograph failure fee Page 13 $220.00 $55.00 $2.00 ea. lot $7.00 ea. lot $300.00 $300.00 $120.00 $120.00 $75.00 $108.00 $80.00 151.04(A) 151.06 123.03(13) 123.03(B) $8,800.00 $2,500.00 $500.00 $120.00 $2.00 per record $160.00 day $160.00 day $120.00 $80,00 117.07 114.03 117.07(A) $250.00 $500.00 $500.00 $75.00 $1.20.00 $2.00 per record $160.00 day $160.00 day Description Current Fees Required by Section Signage: Business signs Additional fee for business signs over 40 sq. ft. Handling fee for removal from right-of-way Monument signs Variance Tobacco or Tobacco Products (2 -year license) Civil penalty: First violation Second violation within 24 months Third and subsequent violation(s) within 24 months Tree Work Vending Cart Page 14 154.04 $165.00 $1.00 per sq. ft. $15.00 $1,716.00 $265.00 $500.00 115.03 111.37 $75.00 $200.00 $250.00 $47.00 152.43 $162.00 118.03 Description Current Fees Required by Section SUBDIVISION AND DEVELOPMENT FEES Commercial/Multiple Residential Site Plan Review: Escrow Fees: $230.00 Application Escrow Amount Preliminary subdivision Preliminary planned development2 Waiver of subdivision (initial deposit) $198.00 per acre $1,980.00 minimum for single family $3.960.00 minimum for commercial/industrial and $6.377.00 maximum Final planned development $2.640.00 for initial deposit Final subdivision application' $2,640.00 for 1 to 3 lots - initial deposit $5.278.00 for 4 or more lots - initial deposit Conditional Use Pennit3 $990.00 Rezoning (when site plan is involved)3 $990.00 Interim Use Permit (when site plan is involved)3 $660.00 Final plat $660.00 Minor/corrective subdivision $660.00 Site plan review/building permit authorization $990.00 Variance $660.00 Sketch plan $660.00 NOTES: These are escrov deposits with minimums/maximums; they are not intended to be actual charges. 2 This planned development escrow is not required if it is processed as part of a subdivision application for which and escrow is being collected. 3 These escrows are not required if a subdivision escrow has been collected as part of the same application. Page 15 153.21 Description Current Fees Required by Section Final Plat Additional fee for each lot over 10 Minor or Corrective Subdivision Natural Resources Management Permit: $198.00 $3.00 35.29 $220.00 153.34 Single family $162.00 Duplex, townhouse, condo (up to 16 units) $136.00 first unit + $27.00 each additional unit Condo, apartments (16 units and greater) $540.00 first 16 units + $11.00 each additional unit Commercial, institutional, industrial $454.00 first 10,000 SF of building + $65.00 each additional 10,000 SF or fraction thereof 152.15 Natural Resources Management Permit - Excavation: 152.15 Number of Cubic Yards Fee 0-100 $66.00 101 to 1,000 $67.00 first 100 CY + $28.00 each additional 100 CY or fraction thereof 1,001 to 10,000 $314.00 first 1,000 CY + $50.00 per each additional 1,000 CY or fraction thereof 10,001 or more $764.00 first 10,000 CY + $50.00 per each additional 10,000 CY or fraction thereof Page 16 Description Current Fees Required by Section Park Dedication: Proportional Park Dedication Calculations: 153.29 Park dedication requirements shall be based upon the parkland demand created by the use contained within each subdivision as it relates to the generation of person -residents. The amount of parkland required for each person -resident is based on the need for parkland to achieve the park services standard which the City has set through its historic parkland development. The City standard is 0.00955 acre of parkland area needed for each person -resident. Where cash -in -lieu of land is taken, the value of the land shall be based on the benchmark values of raw land that are set by the City Council based on periodic review of market conditions. Present benchmark values are: Single family Multi -family Commercial Industrial $89,100.00 per acre $175,000.00 per acre $265,000.00 per acre $128,000.00 per acre Residential Subdivision Formula: Single Family = 2.7 persons/unit Townhouse = 2.7 persons/unit Apartment = 1.9 persons/unit (number of units) x (persons per unit) x (0.00955 acre) = total land area of dedication Example. Single family at 3 units/acre: 3 x 2.7 x 0,00955 = 0.0774 acre x $89,100 = $6,896.34 per acre or Each single family unit = 2.7 persons x 0.00955 acre = 0.0258 x $89,100 = $2,298.78 per unit Example: l-ownhouse at 6 units/acre: 6 x 2.7 x 0.00955 = 0.1547 x $175,000 = $27,072.50 per acre or Each townhouse unit = 2.7 persons x 0.00955 = 0.025783 x $175,000 = $4,512.08 per unit Example: Apartment at 18 units/acre: 18 x 1.9 x 0.00955 = 0.32661 x $175,000 = $57,156.75 per acre or Each apartment unit = 1.9 persons x 0.00955 = 0.018145 x $175,000 = $3,175.37 per unit Page 17 Description Current Fees Required by Section Commercial Subdivision Formula: Retail/Service = 2 employees per 1,000 square feet of building area Office = 3 employees per 1,000 square feet of building area Institutional = 1 employee per 1,000 square feet of building area Industrial = 1 employee per 1,000 square feet of building area Commercial/Office/Institutional: 1 employee = 0.25 person -resident The fractional person -resident is based upon the more limited park services demanded by an employee (employee ball teams; picnic grounds; civic celebrations; etc.) plus certain park services related to the customer/client that patronizes the business on a per employee basis. The park dedication clause in the subdivision agreement should make it clear that the actual amount of park dedication to be charged will be based on the size of the building(s) to be erected. If land is taken rather than cash, the calculation would presume a single story building on each lot with the maximum % building coverage of the applicable zoning district in which the subdivision is located. Example: (retail/service building square footage/1000) x number of employees per 1,000 sq. ft. = number of employees x 0.25 = number of person -equivalents x 0.00955 acres = acreage to be dedicated x $265,000 = cash dedication. or 1000/1000 x 2 = 2 x 0.25 = 0.5 x 0.0095 = 0.0048 x $265,000 = $1,272.00 per 1,000 sq. ft. of building area. Example: (office building square footage/1000) x number of employees per 1,000 sq. ft. = number of employees x 0.25 = number of person -equivalents x 0.00955 acres = acreage to be dedicated x $265,000 = cash dedication. or 1000/1000 x 3 = 3 x 0.25 = 0.75 x 0.0095 = 0.0071 x $265,000 = $1,881.50 per 1,000 sq. ft. of building area. Example: (institutional building square footage/1000) x number of employees per 1,000 sq. ft. = number of employees x 0.25 = number of person -equivalents x 0.00955 acres = acreage to be dedicated x $265,000 = cash dedication. or 1000/1000 x 1 = 1 x 0.25 = 0.25 x 0.0095 = 0.0024 x $265,000 = $636.00 per 1,000 sq. ft. of building area. Page 18 Description Current Fees Required by Section Industrial: 1 employee = 0.1 person -resident The fractional person -resident is based upon the even more limited park services demanded by an industrial employee (employee ball teams; picnic grounds; civic celebrations; etc.) The park dedication clause in the subdivision agreement should make it clear that the actual amount of park dedication to be charged will be based on the size of the building(s) to be erected. If land is taken rather than cash, the calculation would presume a single story building on each lot with the maximum % building coverage of the applicable zoning district in which the subdivision is located. Example: (industrial building square footage/1000) x number of employees per 1,000 sq. ft. = number of employees x 0.1 = number of person -equivalents x 0.00955 acres = acreage to be dedicated x $128,000 = cash dedication. or 1000/1000 x 1 = 1 x 0.1 = 0.1 x 0.0095 = 0.001 x $128,000 = $128.00 per 1,000 sq. ft. of building area. Preliminary Plat Private Activity Revenue Bond Financing Issuance Fee Storni Water Ponding Dedication: Minimum 5% of platted area less major rights of way (50 foot half right of way or greater; $630.00 $25,000.00 Waiver of Platting Page 19 153.29 $220.00 153.76 Description Current Fees Required by Section UTILITY FEES Sanitary Sewer Connection Fees: 153.62(A) Service Unit Fee Remarks Trunk charge per SAC unit $288.00 Development cost Lateral benefit from trunk per front foot $28.00 Development cost Lateral cost project cost project cost Development cost Metro availability cost per SAC/SEF unit Determined by MCES Development cost City availability cost per SAC/SEF unit $326.00 w/ bldg permit Storm Sewer Connection Fees: Service Unit Fee Remarks Trunk charge: per acre4 $2,521.00 Development cost Single family detached trunk per acre4 $5,647.00 Development cost Multiple residential trunk per acre4 $7,053.00 Development cost Commercial/industrial trunk per acre4 $8,474.00 Development cost Lateral charge project cost project cost Development cost Water Utility Connection Fees: Service Unit Fee Remarks Trunk charge per acre4 $2,521.00 Development cost Lateral benefit from trunk per front foot $28.00 Development cost Lateral charge project cost project cost Development cost Supply and storage per SAC/SEF unit $886.00 w/ bldg permit Miscellaneous Charges: Account maintenance fee for change within 30 days of previous change After hours call -out non -emergency Clear water discharge surcharges: Correction not made - single family $100.00 Correction not made - non -single family $300.00 Inspection not completed - single family $100.00 Inspection not completed - non -single family $300.00 Prohibited reconnection made - single family $300.00 Prohibited reconnection made - non -single family $500.00 Meter pricing - cost plus 20% 530.00 $75.00 per hour 51.39 51.08 Page 20 51.35 Description Current Fees Required by Section Penalty Service Testing charges for delinquent utility accounts over $5.00: Monthly bills (minimum charge $3.00) Quarterly bills (minimum charge $3.00) re -connection: Deposit for council hearing Service restoration fee of meter: City test, sizes 5/8", 3/4" and I", cost plus City test, sizes 1-1/2" and 2" positive displacement, cost plus Independent testing - all others, cost plus Sewer Utility User Fees7' 8: Monthly base charge: All users, except mobile homes and apartments Mobile homes and apartments Monthly consumption charges (per 1,000 gallons/unit)5: First 5.000 6,000 - 10,000 11,000 - 15,000 16,000 - 35,000 Over 35,000 Quarterly base charge: Single family, duplex, and townhomes \kith individual services or less than 9 units per building Quarterly consumption charges (per 1,000 gallons/unit): First 15,000 16,000 - 30,000 31,000 - 45.000 46,000 - 105.000 Over 105,000 Storm Water Drainage User Fee : Monthly residential equivalent fee Quarterly residential equivalent fee Page 21 1.5% acct. bal. 4.5% acct. bal. $51.00 $51.00 20% 20% 20% $7.74 unit $6.97 unit $2.49 $2.51 $2.78 $3.53 $4.02 $23.22 unit $2.49 $2.51 $2.78 $3,53 $4.02 $5.47 $16.41 51.39 51.37 51.36 Description Current Fees Required by Section Street Light Utility User Fee : Monthly charges: Apartments/condominiums Commercial in ring route Commercial/industrial outside of ring route Mobile homes Townhouse without individual services and 9 or more units per building Quarterly charges: Single family, duplex, and townhouse with individual services or less than 9 units per building Water Utility User Fee : Monthly base charge6: All users, except mobile homes and apartments Mobile hornes and apartments Monthly consumption charges (per 1,000 gallons/unit): First 5,000 6,000 - 10,000 11,000 - 15,000 16,000 - 35,000 Over 35,000 Quarterly base charge6: Single family, duplex, and townhomes with individual services or less than 9 units per building Quarterly consumption charges (per 1,000 gallons/unit): First 15,000 16,000 - 30,000 31,000 - 45,000 46,000 - 105,000 Over 105,000 $1.36 res. unit $8.90 acre $4.73 acre $1.36 res. unit $1.36 res. unit $5.38 res. unit $5.92 unit $5.33 unit $1.24 $1.27 $1.56 $1.96 $2.33 $17.76 unit $1.24 $1.27 $1.56 $1.96 $2.33 NOTES: a Acreage will be calculated based on platted area less major rights of way (50 foot half right of way or greater.) Page 22 51.36 Description Current Fees Required by Section 5 Sewer Flow Basis - sewer consumption charges are based on the average 3 metered monthly winter water consumptions or the w inter quarter water consumptions, except commercial and institutional are based on water consumption each month. If the residence was not occupied by the current customer during the 3 winter months, the sewer charge will be based on the actual water quantity used up to 6,000 gallons each month until a standard 3 winter months or winter quarter is established. Sewer Prorating Policy - new accounts of less than a full month/quarter due to ownership or occupancy changes shall be prorated based on the charge for the most recent winter water consumption (for accounts being closed) or the charge for actual water quantity used up to 6.000 gallons each month (for new accounts) times the number of days of occupancy in the month and dividing the result by 30. Water Prorating Policy - new accounts of less than a full month/quarter due to ownership or occupancy changes shall have base water charges prorated with consumption charges based on actual quantity used. 8 Rates are effective for all bills mailed after January 15, 2016. Page 23 Description Current Fees Required by Section ZONING Comprehensive Plan Amendment Conditional Use Interim Use Permit Rezoning Planned Development District Rezoning All Other Districts Variances: Residential All others Page 24 $660.00 $330.00 $594.00 $1,760.00 $630.00 55.400 155.399 153.77 & 155.379 $145.00 $300.00 In Re the Application to Apple Valley Board of Appeals and Adjustment Applicant: Miller Farms of Lakeville, LLC Subject Property: 5751 150th Street West Apple Valley, MN 55124 SWORN DECLARATION OF GEORGE DORN STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) George Dorn, being first duly sworn upon oath, states and deposes as follows: 1. 1 am the Chief Building Official for the City of Apple Valley and have worked in this capacity since December 2013. Prior to my employment with the City of Apple Valley, I have worked in the capacity of a Chief Building Official for other municipal jurisdictions since 2009. I have been a licensed Building Official with the State of Minnesota as a Building Inspector, Plans Examiner, or Building Official and have worked in those roles since 1997. 2. In my capacity of Chief Building Official and with my 20+ years of experience in municipal building inspections, I am charged with and well -versed in the enforcement of the Minnesota State Building Code, which includes the Minnesota Plumbing Code. 3. In my capacity as the Apple Valley Chief Building Official, I know the following facts: A. The property located at 5751 150th Street West, Apple Valley, MN ("Property") does not have, and has not had at any time, municipal water or sanitary sewer services connected to the Property. B. The Property's potable water supply was provided by private wells on the Property. C. On December 18, 2014, the Property did not have any potable/running water supply; neither the old farmhouse nor any buildings on the Property had an operable potable water supply. On August 8, 2013, a well on the Property had been abandoned and sealed. On October 7, 2014, a second well was abandoned and seal. No new or operating well existed on the Property since October 7, 2014. Attached as Exhibit A is a true and correct copy of the Minnesota Department of Health Well and Boring Sealing Record for the well that was sealed August 8, 2013. Attached as Exhibit B is a true and correct copy the Minnesota Department of Health Well and Boring Sealing Record for the well that was sealed October 7, 2014. D. Pursuant to the Minnesota State Building Code, all residential structures shall have a supply of potable running water. Attached hereto as Exhibit C is a true and correct copy of excerpts from the Minnesota Residential Code section of the Minnesota State Building Code and the Minnesota Plumbing Code sections of the Minnesota State Plumbing Code. Specifically, the Minnesota State Plumbing Code requires a residential structure to be provided an adequate supply of potable running water. The MN Residential Code section of the MN State Building Code requires every residential structure to have toilet facilities, kitchen facilities, sewage disposal facilities, etc. and that "all plumbing fixtures therefor shall be connected to an approved water supply." E. At no time from October 7, 2014, to the present was the farmhouse structure on the Property connected to any approved water supply and therefore, no potable water was available to operate lavatories/toilets, bathtubs, showers, kitchen sinks, laundry tubs or washing machines for proper sanitation for residential use of the structure. Accordingly, under the Minnesota State Building/Plumbing Code, neither the farmhouse structure nor any other building on the Property was habitable for residential purposes on December 18, 2014, when Community Cares, Inc. (through its President, Joseph M. Miller), purchased the property. Further, under the Minnesota State Building/Plumbing Code, neither the farmhouse structure nor any other buildings were habitable for residential purposes on June 19, 2015, when the Property was rezoned from Agricultural to Business Park. Further, under the Minnesota State Building/Plumbing Code, neither the farmhouse structure nor any other buildings were habitable for residential purposes on May 4, 2016, when Community Cares assigned its Contract for Deed ownership to Miller Farms of Lakeville, LLC, (of which Joseph M. Miller is Chief Manager). F. In 2015, the City, through the Building Inspections Department and City Attorney's Office, advised Mr. Joseph Miller that under City Code, a new private well on 2 the property would not be permitted because city municipal water and sewer services were available to the Property. G. Miller Farms of Lakeville subsequently requested municipal City water and sanitary sewer services to the Property. With extending City water and sanitary sewer services to the Property, the water, sanitary sewer, and storm sewer trunk fees became due and payable by the property owner. Also, the property owner needed to cross through the Apple Valley Economic Development Authority's property directly to the north to complete the physical connection from the Property to the City's water and sewer mains in Energy Way. Upon payment of the trunk fees and obtaining access through the Apple Valley Economic Development Authority's property to make the connection to the city's services, Miller Farms of Lakeville, LLC, through its contractor, submitted a water and sewer permit application. H. On May 23, 2018, Miller Farms of Lakeville, LLC, through its contractor, submitted a water and sewer permit application, along with required plans. This water and sewer permit is for the installation and connection of the water and sanitary sewer service lines from the City's water/sewer mains in the public right-of-way (Energy Way) up to the building to be served. Attached as Exhibit D is a true and correct copy of the Miller's water and sewer permit application and plans, as well as the City's building inspection department records kept related to the application. (All permits are now submitted electronically and the attached copy of permit plans includes an enlarged photocopy for readability). I. As the Chief Building Official, 1 reviewed Miller's water and sewer permit application and proposed plans. The plans were also reviewed, as a matter of normal review process, by the City's zoning department. By letter, dated June 6, 2018, 1 sent to Mr. Joseph Miller and his contractor my Plan Review Report in which I noted deficiencies in the water/sewer permit plans. Attached as Exhibit E is a true and correct copy of my June 6, 2018 Commercial Building Water/Sewer Plan Review Report. The Plan Review Report notes, among many other issues, the City Zoning Administrator's review determination that the Property is zoned Business Park and the plans depict the new proposed water & sewer services lines to be connected to an "Existing Residential Building" which, as determined by the Zoning Administrator, is not a permitted use on the Property under its Business Park zoning designation. The Minnesota State Building Code authorizes me to deny any/all permit applications when the proposed use is not in compliance with the municipality's zoning regulations. The permit application was not denied; instead, approval and issuance is contingent upon 3 the owner making all corrections and curing all deficiencies in the permit application and plans as noted in my June 6, 2018 permit application, The Building Inspections Department has not received a revised plan or compliance with any of the noted deficiencies as of the date of this Sworn Declaration. I DECLARE UNDER PENALTY OF PERJURY THAT EVERYTHING 1 HAVE STATED IN THIS DOCUMENT IS TRUE AND CORRECT. Dated: `�%i,//% 4 GEORGE D COUNTY Environmental Management 14955 Ga!axie Avenue Apple Valley. MN 55124 WELL AND BORING SEALING Field Inspection Report Dakota County Permit No. Minnesota Unique Weil No. fUi 'saWlisfactory Reviewer (3 -H X90 L_ l Correction Required 0 Heid Coirected Contractor tensed LLcai Displayed 1-"p- n ( e•-• (I Tcense/Reg No Displayed Well Ownrs Name fik Well Address!�>ddress is posted libfe(1-;e. .5'7.51 l 14A-51-/. t. -4)p Cityr IV e V,j(e y Propert Owners (! Well Type E Water Supply 0 IrrigationOther: 0 Recovery ❑ Monitoring ❑ Variance: Inspection 0 Pre -sealing ll pump ❑Clean out lirgraling_arcsi Sealing Site Demolition L. Replacement well nn --- City water Zir-r. ,y (-,` (� y Well head ❑ Above rade ❑ At_grade ❑ Buried ❑-Basement offset Other Msrnrs. rom grade ❑ From top of casing t From Other walla ❑ Kona Observed . Number in Use — Number Seated Number Unused Unsealed: &be: A ire,* de the kir hard ready qty ter ell amsarhrC boucr as Me rigid Depths Total: g C Bedrock: A)� SVL:❑ 73 Pump:�io 0 Bdow Fin h the L Caton, Qin .7, tl+aRight Cokerna(s), DR fin in BathG$OIogi 6 fI J R- Source of information: Aquifer: O V'' 'Pt' ' Pump ❑ Removed Type: .1-p-6.FL - ! - c. b" c, recli ® Present �R moved by: p /' r None L!�n � Removed Explain: Annular inch casing from to ft. II Perforated ❑ Removed 0 Grouted Pert. Interval: Space inch rasing from to ft. ❑ Perforated ❑ Removed 0 Grouted Peri. Interval: ne Type of perforator: Other. Grout Material from to ft yrds bags 45, as/gal JCorrection II raged Material from to R yrds bags ,lbs/gal ❑Correction DNona . Pa U......04.1 req'd trt ateriat from to ft.. yrds bags tbs/gel 1ICorrec tion a Tap req'd Material from to ft yrds bags Ibslgal ❑Correction req'd Downhole InformationfolrrSource _❑ Driller Statement,0 Other: Notes i�`'f` o i r/1 c-- . $ See✓' (S ...leJJJ c l\ re W-Q(LA.;-)Gst,C'r1, t� e��' co r' cA L/" ` , 4.--1)tQ I 9V � Uj� ( r "-t- ...`r q L.. --- Cov-t" C..-- tr--•vc c, E-- 1 ; 3 D I-�, . ,e��'+�l��J L Q-1 yy �, 'n rg // t. p: cev-vfei(-- ciit, 4(-6? - ' e‘,5` 6-4 v. �+ err . --� ❑ GPS'd Northing(V). EastinXl• Location entered Data Entered Supervisor Re Inspector a c. Arrival and Departure Time it -.lO 1:. o _/i Date rig/ (3 1... m Yes / In Compliance LNJ No / Not in Compliance Not Applicable Not Inspected U Not Present Circle Wofations 8 Explal .sxlggv Remarks, Violations, Actions Taken: Iteo-k.4) ecA 4-�.9u (a,,r l� uSe icesuf- CcAS Well Site Sketch: 416, {o, e_ 1 WELL OR BOR NG LOCATION County Name MINNESOTA DEPARTMENT OF HEALTH WELL AND BORING SEALING RECORD M,nneopea Statutes, Chaplet 1031 nship ame `ST" ship No_ Range N0. Section No. GPS LOOATNON - liecimal decrees pD lour decimal places) Minnesota Well and Boring Sealing No. Minnesota Unique Well No. or W -series No. htwn tlrk a mr xrnsrry H 2 4 sv. 4 F et1 `.S isre ,4 t Dale Sealed ` ] C7j,t.e 7, )-0 f f' Latitude Longitude Depth Before Sealing i _! Dale Well or 8arin0 Constructed Original Depth f 7 8 Numencal Street Adeess or Fre Number and Cly of Well or Boring Loralton J / S l i.v. L50 --Pi. Ale t 4 r.4 V. AOUIFER(S} Single Aguilar ❑ Multiaquiler WELUBORING Show exact Iocatio iol well or boring h� S a ch map 01 well or bar g in section grid with •Xy' ! •n� � to alion, 5:twrtng properly ❑ Ern. Bora Hole 0 Other n'144 .1 fc f Ir- ! gn r a a YbPori " i �Y '!Steel ❑ Piaslic [] Tile 0 Other w E T 11a1a �s irfl,�f ater-Supply Well 0 Mond. Wel STATIC WATER LEVEL 1t ,?Measured EstimaIed Date Measured lO- fr� '-P--0141- 11 below 0 above land solace CASING TYPES) h 5 1 ille --- I -so 74..012 W Pr ERTY 04VN£ RSNAkfErt� MDA NAhi�� .1 ape owner's main address it dIllerent tow+ well l non address mdi:ated above WELLHEAD COflMPLE'IION Outside: Q Well House Pkless Adapler/Unit ❑ Well P4 ❑ Other ❑ Al Grade ❑ Burled Inside: 0 Basement Ousel ❑ Well P4 D Buried o Other CASING(S) Diameter Depth Set in oversize hole? Annular space initially grouted? illi in. from 0 to 1 It..? ft. 0 Yrs O No (] Yes 0 No 0 Unknown in. Irorrn Po ft. 0 Yeo 0 No ❑ Yes L. No U Unknown In. from 10 11 0 Yes 0 No ❑'rtes 0 No ❑ Unknown WELL OWNER'S NANE/COMPANY NAME Well owner's (nailing address 1 Oilierent Than property owners adtlress In0cated above GEOLOGICAL MATERIAL COLOR HARDNESS OR FROM FORMATION 11 not known, indicate eslimafed formation log from nearly well or baring, „}•^'YL'wLi.'c.a'�r f� IS6 SCREEN/OPEN HOLE Screen from 1 tt 3 to 1'1" tp II. Open Hole Irom o h OBSTRUCTIONS ❑ Rods/Drop Pipe 0 Check Valve(sl ler Debris 0 Fill No Obstruction Type of Obstructions (Describe' We., �. r TO Obstructions removed? Q Yes No Describe h 1 w f , PUMP 3--G'-?ei�i'>la "y orf„ Type 0 Removed et. Noi Present ❑ Other t_e .t tom_ 1»0.0 v 1 cam G vl' f J—✓' .r we.z ,e- L( ETHOO USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS. OR CASING AND BORE HOLE: LNo Annular Space Extols ❑ Annular Space Grouted with Treime Pipe 0 Casing Perforation•Removal in.. from to ft. ❑ Peiloraled ❑ Removed Type In from 10 ft. ❑ Perforated 0 Removed of Per/oralor VARIANCE Was a variance granted Item the MOH for this wet? ❑ Yes 1 No 1740 GROUTING MATERIAL(S) (One bag of cement .94 lbs., one bag of bentonite c 5O lbs.) Grouting Material ) EL t G' 1' ..P✓v *.jrn 3 10 1 `7i' c9n, yards tags from to h. yards gags from to 11. 90105 bags REMAR S, SOUR OF DATA, DIJFICULTIES IN ALING '• .LO�rx Lt a., GE-` �C�L- i �rf+ tnP�%t Q • C r `Qi �l t.cs tit -/1 A IJ 441.. Lrcens a Business Nara(,, p„� ,� !;Cense or Regt traFlon No. I O f f fi ,3 cf 3 C+ E , +ti..+y C( �f s a 7!� wr t S 0 --u. — 11 e Ce,* hcv u...ri.-- / �~�. v t y d Representative Signature Cerfred Rep. No. date OTHER WELLS AND BORINGS Olney unsealed and unused wall or borog on property? 0 Yes Ea No How many? LICENSED OR REG1STEREO CONTRACTOR CERTIFICATION P110 well or boring was sealed in aoanoence tWlh Minnesota Rules. Chapter 4725 The inlormatian contained in this report 5 true to the best of my knowledge. MINN. DEPT OF HEALTH COPY HE -01434-54 ICO 140-0423 H 3! ;' 214 CAAtill Name of Parson Sealing Wall or Bong CHAPTER 6 WATER SUPPLY AND DISTRIBUTION 601.0 Hot and Cold Water Required. 601.1 General. Each plumbing fixture shall be provided with an adequate supply of potable running water piped to it in an approved manner, so arranged as to flush and keep the fixture in a clean and sanitary condition without danger of backflow or cross -connection. Water closets and urinals shall be flushed by means of an approved flush tank or flushometer valve. Exception: Listed fixtures that do not require water for their operation and are not connected to the water supply. 601.1.1 Hot Water Required. In occupancies where. plumbing fixtures are installed for private use, hot water shall be required for bathing, washing, laundry, cooking purposes, dishwashing, and maintenance. In occupan- cies where plumbing fixtures are installed for public use, hot water shall be required for bathing and Leashing purposes. This requirement shall not supersede the requirements for individual temperature control limita- tions for public lavatories, bidets, bathtubs, whirlpool bathtubs and shower control valves. 601.1.2 Hot Water Recirculation. Hot water supply systems in four-story buildings or higher, or buildings where the developed length of hot water piping from the source of hot water supply to the farthest fixture sup- plied exceeds 100 feet, shall be of the return circulation type. 601.2 Identification of a Potable and Nonpotable Water System. In buildings where potable v.ater and nonpotable water systems are installed, each ,,'.stem shall be clearly identified in accordance with Section 601.2.1 through Section 601.2.4. 601.2.1 Potable Water. Green background with white lettering. 601.2.2 Color and Information. Each system shall be identified with a colored pipe or band and coded with paints, wraps, and materials compatible with the piping. Except as required in Section 601.2.2.1, non - potable water systems shall have a yellow background with black uppercase lettering, with the words "CAU- TION: NONPOTABLE WATER, DO NOT DRINK." Each nonpotable system shall be identi tied to designate the liquid being conveyed, and the direction of normal flow shall be clearly shown. The minimum size of the letters and length of the color field shall comply with Table 601.2.2. The background color and required information shall be indicated every 20 feet (6096 mm) but not less than once per room, and shall be visible from the floor level. 2015 MINNESOTA PLUMBING CODE 601.2.2.1 Alternate Water Sources. Alternate water source systems shall have a purple (Pantone color No. 512, 522C, or equivalent) background with uppercase lettering and shall be field or fac- tory marked as follows: (1) Gray water systems shall be marked in accor- dance with this section with the words "CAU- TION: NONPOTABLE GRAY WATER, DO NOT DRINK" in yellow letters (Pantone 108 or equivalent). (2) Reclaimed (recycled) water systems shall be marked in accordance with this section with the words: "CAUTION: NONPOTABLE RECLAIMED (RECYCLED) WATER, DO NOT DRINK" in black letters. (3) On-site treated water systems shall be marked in accordance with this section with the words: "CAUTION: ON-SITE TREATED NONPOTABLE 1\ ATER, DO NOT DRINK" in yellow letters (Pantone 108 or equivalent). (4) Rainwater catchment systems shall be marked in accordance with this section with the words: "CAUTION: NONPOTABLE RAIN- WATER WATER, DO NOT DRINK" in yel- low letters (Pantone 108 or equivalent). 601.2.3 Fixtures. Where vacuum breakers or back- flow preventers are installed with fixtures listed in Table 1401.1, identification of the discharge side shall be permitted to be omitted. 601.2.4 Outlets. Each outlet on the nonpotable water line that is used for special purposes shall be posted with black uppercase lettering as follows: "CAUTION: NONPOTABLE WATER, DO NOT DRINK." 602.0 Unlawful Connections. 602.1 Prohibited Installation. No installation of potable L. ater supply piping, or part thereof, shall be made in such a TABLE 601.2.2 MINIMUM LENGTH OF COLOR FIELD ANO SIZE OF LETTERS OUTSIDE DIAMETER OF PIPE OR COVERING (inches) '^to I I'ctu2 2 to 6 8 t lU 24 MINIMUM LENGTH OF COLOR FIELD (inches) 8 MINIMUM SIZE OF LETTERS (inches) 8 12 Over I 11/s 21 Iii SI unEi.,. 7 inch a 1 [lint 32 1'1 EXHIBIT 37 M feet 4 inches (1931 mm) at the center of the front clear - 14 area for water closets, bidets, or sinks. A shower N or tub equipped with a showerhead shall have a mini- s mum ceiling height of 6 feet 4 inches (1931 mm) above N a minimum area 30 inches (762 mm) by 30 inches (762 N mm) at the wail where the showerhead is placed. The N ceiling may have slopes or soffits that do not infringe N • on the height required for the plumbing fixture. N R305.2.2 Minimum stairway headroom, existing build - N ings. Alterations to existing basement stairways shall have N a minimum headroom in all parts of the stairway not less M than 6 feet 4 inches (1931 mm) measured vertically from '" the sloped line adjoining the tread nosing or from the floor N surface of the landing or platform on that portion of the N stairway. N Exception: Where the nosings of treads at the side of a M flight extend under the edge of a floor opening through. M which the stair passes, the floor opening shall be µ allowed to project horizontally into the required head - t N room a maximum of 41/4 inches (121 mm). SECTION R306 SANITATION R306.1 Toilet facilities. Every dwelling unit shall be pro- vided with a water closet, lavatory, and a bathtub or shower. R306.2 Kitchen. Each dwelling unit shall he provided with a kitchen area and every kitchen area shall be provided with a sink. R306.3 Sewage disposal. All plumbing fixtures shall be con- nected to a sanitary sewer or to an approved sewage disposal system. -.R306.4 Water supply to fixtures. All plumbing fixtures shall be connected to an approved water supply. Kitchen sinks, lavatories, bathtubs, showers, bidets, laundry tubs and washing machine outlets shall be provided with hot and cold water. M N M M SECTION R307 TOILET, BATH AND SHOWER SPACES R307.1 Space required. Plumbing fixtures shall be installed in accordance with Minnesota Rules, Chapter 4715, Minne- sota Plumbing Code. R307.2 Bathtub and shower spaces. Bathtub and shower floors and walls above bathtubs with installed shower heads and in shower compartments shall be finished with a nonab- sorbent surface. Such wall surfaces shall extend to a height of not less than 6 feet (1829 mm) above the floor. SECTION R308 GLAZING R308.1 Identification. Except as indicated in Section R308.1.1 each pane of glazing installed in hazardous loca- tions as defined in Section R308.4 shall be provided with a manufacturer's designation specifying who applied the desig- nation, designating the type of glass and the safety glazing 2015 MINNESOTA RESIDENTIAL CODE BUILDING PLANNING standard with which it complies, which is visible in the final installation. The designation shall be acid etched, sand- blasted, ceramic -fired, laser etched, embossed, or be of a type which once applied cannot be removed without being destroyed, A label shall be permitted in lieu of the manufac- turer's designation. Exceptions: 1. For other than tempered glass, manufacturer's desig- nations are not required provided the building offi- cial approves the use of a certificate, affidavit or other evidence confirming compliance with this code. 2. Tempered spandrel glass is permitted to be identi- fied by the manufacturer with a removable paper designation. R308.1.1 Identification of multiple assemblies. Multi - pane assemblies having individual panes not exceeding 1 square foot (0.09 11-12) in exposed area shall have at least one pane in the assembly identified in accordance with Section R308.1. All other panes in the assembly shall be labeled "CPSC 16 CFR 1201" or "ANSI 297.1" as appro- priate. R308.2 Louvered windows or jalousies. Regular, float, wired or patterned glass in jalousies and louvered windows shall be no thinner than nominal 3/l,„ inch (5 mm) and no lon- ger than 48 inches (1219 min). Exposed glass edges shall be smooth, R308.2.1 Wired glass prohibited. Wired glass with wire exposed on longitudinal edges shall not be used in jalou- sies or louvered windows. R308.3 Human impact loads. Individual glazed areas, including glass mirrors in hazardous locations such as those indicated as defined in Section R308.4, shall pass the test requirements of Section R308.3.1. Exceptions: 1. Louvered windows and jalousies shall comply with Section R308.2. 2. Mirrors and other glass panels mounted or hung on a surface that provides a continuous backing support. 3. Glass unit masonry complying with Section R610. R308.3.1 Impact test.. Where required by other sections of the code, glazing shall be tested in accordance with CPSC 16 CFR 1201. Glazing shall comply with the test criteria for Category II unless otherwise indicated in Table R308.3.1(1). Exception: Glazing not in doors or enclosures for hot tubs, whirlpools, saunas, steam rooms, bathtubs and showers shall be permitted to be tested in accordance with ANSI Z97.1, Glazing shall comply with the test criteria for Class A unless indicated in Table R308.3.1 (2). R308.4 Hazardous locations. The locations specified in Sec- tions R308.4.1 through R308.4.7 shall be considered specific hazardous locations for the purposes of glazing. 107 o GLAZII MEAT OF EGF1E FOt1I TION City of Apple Valley 7100 147th St W Apple Valley, MN 55I24 952-953-2588 www.ci.apple-valley.mn.us PI Vn 000 0000 00000 a 0a e App Vasley Permit Tyle: Sewer & Water Permit Number: AV072225 *AV072225* Date Issued: Site Address: 5751 150th St W Permit Category: ePermit Lot: 020 Block: 76 Addition: PID: 01-02000-76-020 Use: Joe Miller *01-02600-76-020* Description: Sub type: Work Type: Description: Other Commercial Comments: Contact City of Apple Valley Buildin2, Inspections at 952-953-2588 to schedule all inspections. It is the requirement of the permit applicant to call and schedule an inspection. APPLICATION FEE IS NON-REFUNDABLE Fee Summary: Valuation: 9.500 Contractor: Minnesota Dirt Works Inc PO Box 43 New Prague MN 56071 Contact: Dan Ames Description lmount Kevenuc Code City SAC S343.00 5401-4916 City Water 5933.00 5401-4912 Plumbing - Commercial 5154.85 10t0l-4065 SAC - Commercial/Institutional 52,485.00 53(0-4922 Sewer Service Fee - Residential 532.50 1001-4915 Surcharge - 51.00 51.00 1001-4072 Trunk Charge S343.00 5401-4916 Water Service Fee - Residential 532.50 1001-4911 Total: S4,324.85 - Applicant - Owner: �4iller Farms Of Lakeville 22260 Dodd Boulevard I.akroilleMN 55044 (612) 790.6395 A building permit is issued on the condition that all +,vork shall be done in accordance with the Apple Valley City Code. **Carbon Monoxide Alarms are required outside & within 10 feet of every sleeping area or bedroom. (MN State Building Code R315)** BUILDING, HEATING, PLUMBING PERMITS BECOME VOID IF WORK IS NOT COMMENCED WITHIN 180 DAYS OR IF WORK IS ABANDONED FOR 180 DAYS. ELECTRICAL PERMITS EXPIRE AFTER 365 DAYS. Applicant/Pennitee: Signature ss6ed By: Signature EXHIBIT 9 a31vw 3or 8182 2 F gyx E M+ld 3OIA833.LLllllf1 1S3M13S .LS Ia1034 4SL3 eod • C 1 II g' z PROPOSED FEATURES g -I i 6 6 Z L 0 i$ if CONSTRUCTION NOTES No11100'd S3L3GN3 A46 I • s > Y-% a I L f:e 3001b BON)i -r fj 1 gaff ff a3 -rim � \ q1 )\• . !! I | , d»q»,» , a_2 sH#L, ; ! i §. R| § 111 1 | WATER METER W Th PRV _ lh | | | . / . E. 1§ | I •# 4, 1 -, SEWER& WATER SERVICE LOCATE BOXES L i§ Ed � ! vg WATER METER W Th PRV _ lh | §/i\§& gill , --------- �. --.....,j � ! �.. i Ni §i� Hi |k k . |! l§1 §]§ || 511,r § ) $ 1IDDdur F8ill § [la SEWER& WATER SERVICE LOCATE BOXES L "|` � ! vg _ $1 Z 0 J EXYSTING FEATURES 'rig `z i i i µXz� z O o o O E O EO O ❑ p 1 ❑ +z * NI . • 0 E ❑ O 6 0 ,_q ,1 RianoNq 8E E • GJ CONSTRUCTION NO1 '- g�$ titi '0. .,1--0 qQ �2 ¢Q� ,t M4 RI l h II 11 O NoIII0av S32J3ON3 ,r/ \ / pax ....I u � � ` • , I CI \>+..... I 1 .u,m , ..d usocs 1\ 20011 80NN *64,11A)--?eoir Perna. E',hy ii Save B Clear rig Multi Addr NI Details S Fee_ - a Print til Comments C=n,,.Insp Results LL] Holds r4j Copy ,[;1 Calls a Reprint (;" Main Information I C. Plan Review Information 1 (°. Eroson Control Permit Nbr IAV072225 eF'eri-it Master Permit «: I Project Permit Type: Sewer &'later v PI: -Case I Reviewed By: 1-617'-7— Sub Typ DSubType: Other Commercial Payee_ Work Type. New Payment: I Description: Census: Valuation. I 9.500 Year Built r Plan Include„ Use/Eus: IJoe Miller Ste Address: Lot: Applied Date: Issued Date Select One 1'5?51 1020 5123,2018 5� 15Cah St rr; Block: r76 .Approve Date. Final Date. r Applicant Is O.vrer Dsrer Irf_rntatiar O-wner Name: Miner Farms Of I_I•.evlile Mdrs551. 12226v Dodd Boulevard ,'addition: Address2: I C it f!State _I p'.. 'Lakeville Country: Phore MN 155044 E12) 78C-6395 Ext — I Add Owner I Cancel D=_te. Dead Date: Phone: +'Validate_ PID: G1-026CC-7S-020 Refund Date: Expiration Date: Applicant Is Contractor C Applicant is Plan Submitter Contractor Information (612) 919-3933 Ext _ p Search I 4Edit Con Company: Addressl: Address2: Citp•StetelZip: Contact:'Phone: Minnesota Dirt Works Inc IPO Box 43 INew Prague MN 56071- I IDan Ames (6121 919-3936 Ext. — Workflow Routing Slip Report N } Q z 0 05/23/2018 11:13 AM Workflow Started: 09110/2018 03:06 PM Report Generated: N 0 C'J O 8 m iA f� ti '.. 00 O 00 r O O fn O O 0 N 0 r L c a 05/23/2018 1:07 PM 05/23/2018 1 06 PM S 61 Sarah Bertram W 0 0 0 50312018 2:07 PM 05/2312018 1:07 PM 0 0 0 y a m m n Q _ 3 a O E0 0 U U 2 Applicant Upload Task Prescreen Review Task Assign Reviewers Task /2012018 8:18 AM /19/2018 7:48 AM 05/23/2018 1'08 PM 12018 8:26 AM 06/06/2018 8:26 AM 06/06/2018 6:12 AM 0 0 E 0 06/18/2018 4:19 PM 06/18/2018 4:19 PM 06/06/2018 826 AM Carol Blommel Johnson Sarah Bertram 06/19/2018 4'.15 PM 4 N N_ 8 06/21/2018 7:31 AM 2 0 0 0 08/19/2018 4:18 PM 06121/2018 7:31 AM 0 0 U Blinding Inspector Department Review cycle #1 ami m E EEc E U U ng Department Review cycle #1 Utilities Department Re Review Complete Task 0 m 0 Applicant Resubmit Task ow Time to Coni 3 0 r. • e e O 0 0 D OOe City of Apple n Valley Building inspections June 6, 2018 Joe Miller 5 751 150th Street Apple Valley, MN 55124 COMMERCIAL BUILDING SEWER/WATER PLAN REVIEW REPORT BUILDING INSPECTION DEPARTMENT RE: 5751 I5Utt Street -Sewer Water Permit The project documents have been rev iewed for substantial compliance with the Minnesota Building Code. The architect, engineer or owner's agent shall respond by letter and/or revised drawings to show changes required as a result of these plan review comments. This plan review shall not be considered a complete review of all code requirements. Failure to identify all code deficiencies contained in the plans shall not be considered an approval of such deficiencies. Site inspections may require further changes to the project to achieve code compliance. No permits will be issued until satisfactory responses and all requested information has been received in response to this report. Please feel free to call me directly at 952-953-2581 or contact me by email at gdom@cityofapplevalley.org. Thank You, CITY OF APPLE VALLEY George Dorn Building Official gdom j. cityofapplevalley.org 952-953-2581 Page 1 of 3 5751 150th Street Sewer Water Permit EXHIBIT E. City of Apple. Valley Building Inspections June 6, 2018 1. COMMENTS SPECIFIC TO YOUR PLAN 1.1 A permit application has been submitted, along with plans, to install sewer and water services to the subject property. A copy of the plan for the installation shows the service lines to be connected in and services provided to a building labeled as a "residential structure." This property is zoned as BP - Business Park (since June 19, 20I5) and guided in the 2030 Comprehensive Plan Update as Industrial. A residential structure is not a permitted use. A permit can/will be issued only for water and sewer services to a building which the uses therein are allowed under the city zoning regulations. Please contact Bruce Nordquist, Apple Valley Community Development Director, for questions you may have on the zoning issue. Phone number is 952-953-2576. Email address is BN ordqui staci .apple-val 1 ev.org 1.2 The City of Apple Valley has adopted MN Rules1306. Automatic sprinkler systems for new buildings, additions to existing buildings, or buildings in which the occupancy classification has changed must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D. Provide the occupancy classification and/or use of the building under consideration for water and sewer. The use must be in accordance with our zoning regulations. 1.3 Water service lines require a 200 psi hydrostatic and electrical conductivity test. The main water line shall be flushed and a Bacteria Test taken 24 hours after flushing but prior to turning on the water service. A 5 lb. air test is required on storm and sanitary sewer lines. Please call 952-953-2588 to schedule these inspections. 1.4 A separate permit will be required for the connection of the meter and water to any existing plumbing system. The interior plumbing permit application will require in the description the intended use of the building prior to being allowed to be connected. An air test will be required on the existing system to ensure the old system will support the new city water pressure to the property interior piping system. Prior to turning on the water to the property a final plumbing inspection must be approved. The meter must be sealed and the water reader installed. Again, no permit will issue or connection to city water be made to a building in which its intended uses are not permitted by the city zoning regulations. If you have any questions with regards to the water utilities, please contact the Public Works Department at (952-953-2400). Page 2 of 3 5751 150t Street Sewer Water Permit City of Apple Valley Building Inspections June 6, 20] 8 1.5 Submit plans to the Metropolitan Council Environmental Services Division for sewer availability charge (SAC) detennination (651-602-1770). Only submit the plans and application to Metropolitan Council once page C-1 reflects the type of commercial business intended to occupy the building which the plans show the services to be stubbed/connected. Met Council will want to know what use of the building the water and sewer will be hooked up to. Once you have the determination upload this document to the file. 1.6 The existing septic system must be abandoned prior to the new service being installed. Fill out the SSTS Permit Application and call for an inspection for the abandonment so that the city can document its records. 1.7 There are two abandoned wells on the property; only one is shown on the plans. The abandoned well not depicted is located on the east side of the existing building (labeled on your plans as "residential building") very near to the new water and sewer line being installed. This will be required to be shown on page C-1. 1.8 Your permit application states that you are making a "repair" to an existing system. You need to change that to "new system." Our permit technicians can help you with that. Call 952-953-7588, 1.9 This permit for sewer and water will allow the applicant to only bring the water and sewer under the building's footing and it is to be capped off inside the building until such other interior plumbing permit is obtained and the water lines in the existing will support the new pressures. An inspection will be required for this verification. A pressure reducing valve may be required. . Please contact my office when the project gets to that point so that I can work with our city engineer to make the determination of whether the pressure reducing valve is required. 1.10 You may receive other reviews from our Engineering and Utilities departments besides my review. 1.11 Please respond to each item in the plan review and provide necessary documentation as required. Page 3 of 3 5751 150'x' Street Sewer Water Permit In Re the Application to Apple Valley Board of Appeals and Adjustment Applicant: Miller Farms of Lakeville, LLC Subject Property: 5751 150th Street West Apple Valley, MN 55124 SWORN DECLARATION OF CAROL BLOMMEL JOHNSON STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) Carol Blommel Johnson, being first duly sworn upon oath, states and deposes as follows: 1. I am the Public Works Superintendent—Utilities for the City of Apple Valley and have worked in this capacity since 2004. I have work in Apple Valley's Public Works Department for over 31 years. 2. In my work positions and capacity with the City of Apple Valley, I have worked closely with the public utility companies serving our city residents for electric, natural gas, and telephone/cable services. 3. The property located at 5751 150th Street West, Apple Valley, MN ("Property") is not, and at no time in the past has been, connected to city municipal water and sewer services; it was served by private septic and private well. The Property has not had any private water supply (well) on-site since October 7, 2014, when the remaining well on the Property was abandoned and sealed. 4. The Property is served by natural gas through CenterPoint Energy. 5. Upon filing the Board of Appeals and Adjustment application by Miller Farms of Lakeville, LLC, I contacted my counterpart at CenterPoint Energy to inquire if natural gas services are presently provided to the Property. By email response, I was informed that Property has had an active account since December 2014 in the account name of "Community Cares" and the account is a "commercial/industrial account," See Exhibit A for a true and correct copy of the email I received from Jeffery McCullough of CenterPoint Energy, dated August 29, 2018. I DECLARE UNDER PENALTY OF PERJURY THAT EVERYTHING I HAVE STATED IN THIS DOCUMENT IS TRUE AND CORRECT. Dated: 2 ,;--re' Carol Blomrnel Johnson From: Blommel Johnson, Carol<CBlommel@ci.apple-valley.mn.us> Sent: Friday, August 31, 2018 8:00 AM To: Sharon Hills Subject: 5751 150th St. W. Apple Valley, MN From: McCullough, Jeffrey J.[mailto:jeffrey.mccullough@@centerpointenergy.com] Sent: Wednesday, August 29, 2018 1:08 PM To: Blommel Johnson, Carol Subject: RE: [External Email] 5751 150th St. W. Apple Valley, MN We've had the gas in the name of "Community Cares" since December of 2014, we're showing it as active gas at that address. Commerciallindustrial account with a fairly high amount of usage. EXHIBIT ... .... ..... Apple ppl ell Valley ITEM: 6.B. PLANNING COMMISSION MEETING DATE: September 19, 2018 SECTION: Other Business Description: Review of Upcoming Schedule and Other Updates Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: N/A SUMMARY: Next Planning Commission Meetings: Wednesday, October 3, 2018 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, September 5, 2018 • Site plan, variance applications due by 9:00 a.m. on Wednesday, September 19, 2018 Wednesday, October 17, 2018 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, September 19, 2018 • Site plan, variance applications due by 9:00 a.m. on Wednesday, October 3, 2018 Next City Council Meetings: Thursday, September 27, 2018 - 7:00 p.m. Thursday, October 11, 2018 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A