HomeMy WebLinkAbout07/25/2019 Meeting
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
July 25, 2019
C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A
7:00 P M
1.C all to Order and Pledge
2.Approve Agenda
3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda
4.Approve C onsent Agenda Items
C onsent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a councilmember or citizen
requests to have any item separately considered. It will then be moved to the
regular agenda f or consideration.
A.Approve Minutes of J uly 11, 2019, Regular Meeting
B.Adopt Resolution Accepting Donation from A A A T he Auto C lub
Group for Use by Traffic Safety Advisory C ommittee and Police
Department
C .Approve Issuance of Temporary On-Sale 3.2 Percent Malt Liquor
License for Apple Valley American Legion Post 1776, on August 24,
2019, Outdoors at 14521 Granada Drive
D.Approve Issuance of 2019 License to Sell Tobacco or Tobacco Products
to Hidalgo Market, Inc., d/b/a Hidalgo Market Bakery, 14851 Granada
Avenue
E.Adopt Resolution Directing Preparation of Plans and Specifications for
Project 2020-102, Redwood Pond Expansion
F.Adopt Resolution Directing Preparation of Plans and Specifications for
Project 2020-106, Erickson Park Storm Water Improvements
G.Approve J oint Powers Agreement with Vermillion River Watershed J oint
Powers Organization for Stormwater Improvement Project in Erickson
Park
H.Adopt Resolution Approving Feasibility Report for Project 2019-108,
2019-109 and 2019-111, Construction of Public Infrastructure Relating to
the Proposed Menards at Hanson Concrete Redevelopment
I.Adopt Resolution Accepting Easements for Project 2019-109, 147th
Street and J ohnny C ake Ridge Road Intersection Improvements
J .Adopt Resolution Awarding Agreement for Project 2019-109, 147th
Street and J ohnny C ake Ridge Road Intersection Improvements
K.Approve Waiver of Objection to Special Assessments with Menards,
Inc., for C onstruction of Public Infrastructure Relating to Proposed
Menards at Hanson C oncrete Redevelopment, Project 2019-109, 147th
Street and J ohnny C ake Ridge Road Intersection Improvements
L.Approve Personnel Report
M.Approve Claims and Bills
5.Regular Agenda Items
A.Appeal Zoning Administrator's Ruling that Residential Use is not a
Permitted Use on Property Zoned “BP” (Business Park) for Property
Located at 5751 150th Street W. (C SA H 42)
6.Staff and C ouncil C ommunications
7.Approve C alendar of Upcoming Events
8.Adjourn
Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and
on the C ity's website at www.cityof applevalley.org
I T E M: 4.A.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A pprove Minutes of J uly 11, 2019, Regular Meeting
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the minutes of the regular meeting of J uly 11, 2019.
S UM M ARY:
T he minutes from the last regular C ity C ouncil meeting are attached for your review and
approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Minutes
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 11, 2019
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held July 11, 2019, at 7:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw.
ABSENT: Mayor Hamann-Roland.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Hills, City Engineer Anderson, Planner Bodmer, Police Captain Dahlstrom, Police
Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance
Director Hedberg, Recreation Manager Muelken, Deputy Fire Chief Nelson, Community
Development Director Nordquist, Police Chief Rechtzigel, and Public Works Director Saam.
Acting Mayor Goodwin called the meeting to order at 7:00 p.m. Everyone took part in the
Pledge of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Bergman, seconded by Grendahl, approving the agenda for tonight’s meeting,
as presented. Ayes - 4 - Nays - 0.
AUDIENCE
Acting Mayor Goodwin asked if anyone was present to address the Council, at this time, on any
item not on this meeting’s agenda. No one requested to speak.
CONSENT AGENDA
Acting Mayor Goodwin asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. Councilmember Grendahl requested items 4.F and 4.N be placed on
the regular agenda.
MOTION: of Hooppaw, seconded by Grendahl, moving consideration of items 4.F - Direct
Urban Affairs Advisory Committee to Review and Provide Recommendations on
Conservation/Sustainability Items, and 4.N - Approve Acceptance and Final
Payment on Agreement with Ameresco, Inc., for Energy Savings Performance
Contract, to the regular agenda and approving all remaining items on the consent
agenda. Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Hooppaw, seconded by Grendahl, approving the minutes of the regular meeting
of June 13, 2019, as written. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 11, 2019
Page 2
MOTION: of Hooppaw, seconded by Grendahl, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Apple Valley Ducks
Unlimited, Chapter 185, for use on September 11, 2019, at Bogart’s
Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for
State approval. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Apple Valley Rotary
Scholarship Foundation, for use on October 12, 2019, at Apple Valley Ford
Lincoln, 7200 150th Street W., and waiving any waiting period for State approval.
Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2019-80 approving
the City’s 2019-2023 Capital Improvements Program (CIP). Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, approving receipt of the 2020 Financial
Requirements of the Apple Valley Firefighters Relief Association, as attached to
the Fire Chief’s memo. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, approving the reduction of financial
guarantees for Quarry Ponds Fifth Addition from $76,714.00 to $25,000.00 and
the release of financial guarantees for PHS Presbyterian Homes, as listed in the
Community Development Department Assistant’s memo. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, approving the Engineering Services Proposal
with Advanced Engineering and Environmental Services, Inc., for Project 2019-
140, 2019 Wellhead Protection Plan Amendment, in the amount of $36,500.00, as
attached to the Public Works Superintendent’s memo. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, approving the Water Quality Improvement
Cost Share Program Agreement with Jennifer Strub for native garden at 12754
Durham Way, in an amount not to exceed $500.00, and authorizing the Mayor
and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, approving the Agreement for Project 2019-
147, 2019 Sump Catch Basin Cleaning - Residential, with Sewer Services, Inc., in
the amount of $40,205.00, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, approving Change Order No. 3 to the
agreement with Mueller Systems, LLC, for Project 2016-101, Water Meter
Replacement, extending the project completion date to March 23, 2021, resulting
in no change to the contract amount. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 11, 2019
Page 3
MOTION: of Hooppaw, seconded by Grendahl, approving Change Order No. 2 to the
agreement with McNamara Contracting, Inc., in the amount of an additional
$5,109.98; and accepting Project 2018-110, Lebanon Cemetery Roadway and
Infrastructure Improvements, as complete and authorizing final payment in the
amount of $60,570.65. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, approving Change Order No. 1 to the
agreement with Keys Well Drilling Company, with a deduction of $16,404.30;
and accepting Project 2018-167, Wells Pumps 1, 2, 18, and Low Zone Pump 1
Maintenance as complete and authorizing final payment in the amount of
$4,124.04. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, accepting Project 2015-117, 157th Street
Greenway Pedestrian Underpass, as complete and authorizing final payment on
the agreement with Swenke Ims Contracting, LLC, in the amount of $2,500.00.
Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, accepting Project 2017-135, CSAH 42 and
Embry Path Intersection Improvements, as complete and authorizing final
payment on the agreement with Max Steininger, Inc., in the amount of
$65,719.91. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, accepting Project 2018-166, 2018 Arc Flash
Study, as complete and authorizing final payment on the agreement with Master
Electric Co., Inc., in the amount of $19,089.00. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2019-81 amending
the 2019 pay and benefit plan. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, approving the personnel actions as listed in
the Personnel Report dated July 11, 2019. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, to pay the claims and bills, check registers
dated June 5, 2019, in the amount of $704,720.28, June 12, 2019, in the amount of
$1,268,856.33, June 19, 2019, in the amount of $1,586,205.29, and June 26, 2019,
in the amount of $459,061.74. Ayes - 4 - Nays - 0.
END CONSENT AGENDA
Councilmember Grendahl highlighted a couple of the City’s energy saving initiatives on the
agenda this evening.
Mr. Grawe described the project with Ameresco and highlighted the energy savings achieved in
connection with the Energy Savings Performance Contract.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 11, 2019
Page 4
URBAN AFFAIRS ADVISORY COMMITTEE REVIEW OF SUSTAINABILITY ITEMS
MOTION: of Grendahl, seconded by Hooppaw, directing the Urban Affairs Advisory
Committee to review and provide recommendations on
conservation/sustainability items, as described in the Community Development
Director’s memo. Ayes - 4 - Nays - 0.
ENERGY SAVINGS PERFORMANCE CONTRACT
MOTION: of Grendahl, seconded by Hooppaw, accepting Energy Savings Performance
Contract as complete and authorizing final payment on the agreement with
Ameresco, Inc., in the amount of $98,371.88. Ayes - 4 - Nays - 0.
JARDIN ACADEMY DAYCARE
Ms. Bodmer reviewed the request by Frauenshuh Commercial Real Estate and Kilber
Investments, LLC, for approval of a subdivision by preliminary plat, a Conditional Use Permit
for a daycare center in an “LB (Limited Business) zone, and a site plan review/building permit
authorization to construct a 12,200 sq. ft. daycare facility. The 1.86 acre lot they request to split
is located at 14605 Glazier Avenue. On June 19, 2019, the Planning Commission voted
unanimously to recommend approval of this project.
Councilmember Bergman commented on the building’s design and landscaping plan.
Discussion followed.
Mr. Quinn Hutson, of CNH Architects, responded to the comments on the building’s design and
landscaping.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2019-82 approving
the subdivision by preliminary plat of Jardin Addition into two lots, with
conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2019-83 approving
a Conditional Use Permit to allow a daycare center in a “LB” (Limited Business)
zoning district on Lot 2, Jardin Addition, (as preliminary platted) for Jardin
Spanish Immersion Academy Daycare Center, with conditions as recommended
by the Planning Commission. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2019-84 approving
the site plan and authorizing issuance of a building permit to allow construction
of a 12,200 sq. ft. two-story daycare center on Lot 2, Jardin Addition (as
preliminary platted), with conditions as recommended by the Planning
Commission. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 11, 2019
Page 5
COMMUNICATIONS
Councilmember Hooppaw thanked everyone who helped out with the Freedom Days celebration.
Councilmember Goodwin commented on the League of Minnesota Cities Conference held in
Duluth last week.
Mr. Lawell invited the public to the “Music in Kelley Park” concert on Friday night from 6:00
p.m. to 9:00 p.m., and acknowledged Deputy Fire Chief Nelson who is attending his first Council
meeting in his new position, due to the absence of the Fire Chief.
CALENDAR OF UPCOMING EVENTS
MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events
as included in the Deputy City Clerk’s memo, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 4 - Nays - 0.
The meeting was adjourned at 7:37 o’clock p.m.
Respectfully Submitted,
/s/ Pamela J. Gackstetter
Pamela J. Gackstetter, City Clerk
Approved by the Apple Valley City Council
on . Mary Hamann-Roland, Mayor
I T E M: 4.B.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution A ccepting Donation from A A A The A uto Club Group for Use by Traffic Safety
A dvisory Committee and P olice Department
S taff Contact:
Charles Grawe, A ssistant City A dministrator
Department / Division:
Administration / I nformation Technologies
AC T I O N RE Q UE S T E D:
Adopt resolution accepting donation of $400.00 from A A A T he Auto C lub Group for use by
the Traffic Safety Advisory Committee and Police Department.
S UM M ARY:
Pedestrian safety, and particularly walking to school safety, is an area of focus for traffic
safety education. Increasing visibility of pedestrians to motorists is an effective means of
promoting safer pedestrian activity. T he C ity received a $400.00 grant from A A A to
purchase reflector lights to distribute to school children to promote safe walking to school.
B AC K G RO UND:
Pedestrian safety is a focus for the Traffic Safety A dvisory C ommittee. School age children
often walk to school and can benefit from pedestrian safety initiatives. A A A provides traffic
safety grant funds. T he Traffic Safety Advisory C ommittee requested the funds to purchase
reflector lights to be distributed to students by the School District as an educational tool.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-__
A RESOLUTION ACCEPTING DONATION
WHEREAS, the City Council of Apple Valley encourages public donations to help defray
costs to the general public of providing services and improve the quality of life in Apple Valley;
and
WHEREAS, the AAA Minnesota / Iowa has donated $400.00 to the City’s effort to
promote safe driving and pedestrian awareness through the Traffic Safety Advisory Committee
and the Apple Valley Police Department; and
WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or
personal property be accepted only with the adoption of a resolution approved by two-thirds of
the members of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the donation is hereby accepted for use by the Apple
Valley Traffic Safety Advisory Committee and the Apple Valley Police Department.
BE IT FURTHER RESOLVED that the City sincerely thanks AAA Minnesota / Iowa for
this generous donation.
ADOPTED this 25th day of July, 2019.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
____________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.C.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A pprove I ssuance of Temporary On-Sale 3.2 Percent Malt L iquor L icense for A pple Valley
A merican L egion P ost 1776, on A ugust 24, 2019, Outdoors at 14521 Granada Drive
S taff Contact:
P amela J . Gackstetter
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Apple
Valley American Legion, Post 1776, for use on August 24, 2019, outdoors at 14521 Granada
Drive.
S UM M ARY:
Apple Valley American Legion, Post 1776, has filed an application for a Temporary On-Sale
3.2 Percent Malt Liquor License, in connection with its On-Sale C lub License and Special
License for Sunday Liquor Sales, for use outdoors at 14521 Granada Drive on August 24,
2019. T he application is in order and can be approved by the C ity Council.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A pprove I ssuance of 2019 L icense to S ell Tobacco or Tobacco P roducts to Hidalgo Market, I nc.,
d/b/a Hidalgo Market Bakery, 14851 Granada Avenue
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve issuance of a new 2019 License to Sell Tobacco or Tobacco Products to Hidalgo
Market, Inc., d/b/a Hidalgo Market Bakery, located at 14851 Granada Avenue.
S UM M ARY:
An application for a new 2019 License to Sell Tobacco or Tobacco Products has been
received from Hidalgo Market, Inc., d/b/a Hidalgo Market Bakery, located 14851 Granada
Avenue.
B AC K G RO UND:
T he Police Department has completed the necessary background investigation and finds no
reason the license cannot be authorized.
B UD G E T I M PAC T:
N/A
I T E M: 4.E.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution Directing P reparation of Plans and S pecifications for Project 2020-102,
Redwood P ond Expansion
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Adopt resolution directing preparation of plans and specifications for Project 2020-102,
Redwood Pond Expansion
S UM M ARY:
T he C ity of A pple Valley 2020-102 C apital Improvement Program identifies Storm Water
Improvements at the following location:
Redwood Pond Expansion
Scope of work includes the expansion of KL-P1, Redwood Pond, located north of the
intersection of Redwood Drive and 150th Street West. T his project also includes
modification to the existing outlet, realignment of the existing trail as well as removal and
redesign of existing park features impacted by pond modifications. T his project is anticipated
to improve the park experience by providing a larger water feature and an enhanced trail
route. A map of the proposed project area is attached (Figure: 1).
T he expansion of KL-P1 was one of several projects recommended in the Keller Lake
Subwatershed Assessment Report, by Barr Engineering C o. in 2017. T he expansion and
storm water modifications will increase the water quality treatment volume for a contributing
watershed of approximately 170 acres.
T his project is tentatively scheduled for construction in 2020 due to available grant funds
from the C lean Water Act via BWSR (Board of Water and Soil Resources).
A map of the proposed project expansion area is attached (Figure: 2).
City staff recommends that the design process begin this summer to allow field surveying and
geotechnical work to be completed prior to the winter snow season.
T he project development tasks for the proposed improvements would involve the following
scope of work:
Conduct a topographical field survey to collect ground elevation, utility locations, and
surface features within the proposed work zone.
Conduct a geotechnical investigation and soil borings within the work zone.
Prepare feasibility report, plans, specifications, and a project cost estimate and schedule
for construction.
Review project plans and cost estimate with the C ity Council prior to bid process.
Public engagement process
B AC K G RO UND:
On March 14, 2019 C ity Council approved Grant Agreement with Minnesota Board of Water
and Soil Resources for Metro Based Funding towards the expansion and improvement of
Redwood Pond.
In 2015, excess sediment near the northeast inlet to Redwood Pond was removed by City
staff.
B UD G E T I M PAC T:
Project costs and funding included in the 2019 operating budget are summarized as follows:
Estimated Project C osts:
C onstruction Cost $ 300,000
Engineering, C ontract Admin, Inspection, Testing, Survey 85,000
Total Estimated C ost $ 385,000
Estimated Project Funding
C lean Water Fund Grant (BWSR)$ 114,890
Storm Sewer Utility 270,110
Total Estimated Funding $ 385,000
AT TAC HM E NT S :
Map
Map
Resolution
2..
2020-102 REDWOOD POND EXPANSION
City of Apple Valley
Figure 1
KL-P1
160th Street (Co. Rd 46)Pilot Knob Rd140th Street
McAndrews Rd
Garden View DriveCedar Ave150th Street (Co. Rd 42)Interstate 35ECO. RD. 42
FEETSCALE
0 1500 3000
NGARDENVIEW DRCITY HALL
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR PROJECT 2020-102, REDWOOD POND EXPANSION
WHEREAS, the City’s Capital Improvements Program identifies streets for proposed
infrastructure improvements in 2020; and
WHEREAS, the City Council has reviewed the scope of proposed improvements
associated with the Redwood Pond Expansion project; and
WHEREAS, the City Council considers it to be in the best interest of the City to begin the
process of information gathering and have plans and specifications prepared for said
improvements scheduled for construction in the year 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. Improvement Project 2020-102, Redwood Pond Expansion is hereby
established.
2. Staff is directed to conduct preliminary field work and prepare plans and
specifications.
ADOPTED this 25th day of July 2019.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution Directing P reparation of Plans and S pecifications for Project 2020-106,
E rickson Park Storm Water I mprovements
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Adopt resolution directing preparation of plans and specifications for Project 2020-106,
Erickson Park Storm Water Improvements.
S UM M ARY:
T he C ity of Apple Valley 2020-106 C apital Improvement Program identifies stormwater
improvements at the following location:
Erickson Park Storm Water Improvements
Scope of work includes the expansion of the existing infiltration basin (EVR-27) and
modification to the existing outlet structure. T his basin is located just south of 140 Street W
and east of 142nd Path W. A review of this existing infiltration basin (EVR-27) was
conducted in October 2017 and it was determined that the basin is currently being
underutilized. Expanding this basin has the potential to provide T P (total phosphorus)
reduction as well as reduce the overall stormwater discharge volume reaching Farquar Lake,
thereby increasing the water quality in Farquar Lake. T his project is anticipated to improve
the park experience by providing an enhanced planting area, originally installed by a Boy
Scout project, along with reestablishing pollinator habitat structures.
A map of the proposed project area is attached (Figure: 1). T his project is tentatively
scheduled for construction in 2020 due to available grant funds from the C lean Water Act via
BWSR (Board of Water and Soil Resources) and Vermillion River Watershed J oint Powers
Organization (VRWJ PO).
A map of the potential infiltration basin improvement is attached (Figure: 2).
City staff recommends that the design process begin this summer to allow field surveying and
geotechnical work to be completed prior to the winter snow season. T he project development
tasks for the proposed improvements would involve the following scope of work:
Conduct a topographical field survey to collect ground elevation, utility locations, and
surface features within the proposed work zone.
Conduct a geotechnical investigation and soil borings within the work zone.
Prepare feasibility report, plans, specifications, and a project cost estimate and schedule
for construction.
Review project plans and cost estimate with the C ity Council prior to bid process.
Public engagement process
B AC K G RO UND:
T he City finalized an Implementation Plan Update for Long and Farquar Lakes in October
2017 which outlined recommended improvements. Watershed and C ity staff determined the
highest priority projects to address pollutant sources reaching Long and Farquar Lakes.
B UD G E T I M PAC T:
Project costs and funding included in the 2019 operating budget are summarized as follows:
Estimated Project C osts:
C onstruction Cost $ 210,000
Engineering, C ontract Admin, Inspection, Testing, Survey 50,000
Total Estimated C ost $ 260,000
Estimated Project Funding
C lean Water Fund Grant (BWSR)$ 100,000
Vermillion River Watershed 30,000
Storm Sewer Utility 130,000
Total Estimated Funding $ 260,000
AT TAC HM E NT S :
Map
Map
Resolution
2..
2020-106 ERICKSON PARK STORMWATER IMPROVEMENTS
City of Apple Valley
Figure 1
EVR-P27
160th Street (Co. Rd 46)Pilot Knob Rd140th Street
McAndrews Rd
Garden View DriveCedar Ave150th Street (Co. Rd 42)Interstate 35E140TH ST W
FEETSCALE
0 1500 3000
N142ND P
AT
H
CITY HALL
10/16/17 EOR: water | ecology | community Page | 28 Figure 11: Potential infiltration basin improvement at the outlet to minor subwatershed EVR-27.
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR PROJECT 2020-106, ERICKSON PARK STORM WATER IMPROVEMENTS
WHEREAS, the City’s Capital Improvements Program identifies streets for proposed
infrastructure improvements in 2020; and
WHEREAS, the City Council has reviewed the scope of proposed improvements
associated with the Erickson Park Storm Water Improvements project; and
WHEREAS, the City Council considers it to be in the best interest of the City to begin the
process of information gathering and have plans and specifications prepared for said
improvements scheduled for construction in the year 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. Improvement Project 2020-106, Erickson Park Storm Water Improvements is
hereby established.
2. Staff is directed to conduct preliminary field work and prepare plans and
specifications.
ADOPTED this 25th day of July 2019.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A pprove J oint P owers Agreement with Vermillion River Watershed J oint P owers Organization for
S tormwater I mprovement P roject in Erickson P ark
S taff Contact:
J essica Schaum, Natural Resources Coordinator
Department / Division:
Natural Resources Division
AC T I O N RE Q UE S T E D:
Approve the J oint Powers Agreement with the Vermillion River Watershed J oint Powers
Organization for a Stormwater Improvement Project in Erickson Park.
S UM M ARY:
Attached is a J oint Powers Agreement (J PA) with the Vermillion River Watershed J oint
Powers Organization (VRWJ PO) for a Stormwater Improvement Project in Erickson Park.
T he J PA allows for coordination of design, engineering, and construction of a best
management practice in the Farquar Lake subwatershed area.
T he scope of work includes the expansion of the existing infiltration basin (EVR-27) and
modification to the existing outlet structure. T his basin is located just south of 140 Street W.
and east of 142nd Path W. Please see attached Figures 1 and 2 for the project area and
basin. T he final project will include native shrubs and pollinator friendly plantings.
T he J PA includes Project 2020-106: Erickson Park Storm Water Improvements.
B AC K G RO UND:
T he City finalized an Implementation Plan Update for Long and Farquar Lakes in October
2017 which outlined recommended improvements. Watershed and C ity staff determined the
highest priority projects to address pollutant sources reaching Long and Farquar Lakes. T he
City moved forward on feasibility and sought grants to assist in design and construction of
new best management practices or retrofits.
T he proposed improvement in Erickson Park was described as one of the most
feasible projects in Apple Valley. It is scheduled for construction in 2020. T his project has
grant funds committed from the VRWJ PO and the Minnesota Board of Water and Soil
Resources. T he terms of these grant costs are outlined in the J PA.
T he C ity Attorney reviewed the attached J PA.
B UD G E T I M PAC T:
Funding for water quality improvement projects are included in the Storm Drainage Utility
operating budget.
T he C ity is seeking $30,000 from the VRWJ PO plus $100,000 from the pass-through dollars
available from the Board of Water and Soil Resources.
AT TAC HM E NT S :
Map
Map
Agreement
2..
2020-106 ERICKSON PARK STORMWATER IMPROVEMENTS
City of Apple Valley
Figure 1
EVR-P27
160th Street (Co. Rd 46)Pilot Knob Rd140th Street
McAndrews Rd
Garden View DriveCedar Ave150th Street (Co. Rd 42)Interstate 35E140TH ST W
FEETSCALE
0 1500 3000
N142ND P
AT
H
CITY HALL
10/16/17 EOR: water | ecology | community Page | 28 Figure 11: Potential infiltration basin improvement at the outlet to minor subwatershed EVR-27.
JOINT POWERS AGREEMENT FOR
THE ERICKSON PARK STORMWATER IMPROVEMENT PROJECT
BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION
AND
THE CITY OF APPLE VALLEY
WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any
power common to the contracting parties; and
WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed management body
consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River Watershed Joint Powers
Board (VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. § 103B.211 to 103B.255 and
as otherwise provided by law; and
WHEREAS, the City of Apple Valley (City) is a governmental and political subdivision of the State of
Minnesota; and
WHEREAS, Farquar Lake (Lake) is an impaired water in Apple Valley; and
WHEREAS, stormwater runoff carries excess nutrients to the Lake contributing to the impairment; and
WHEREAS, capturing, treating, and infiltration of stormwater will decrease the amount of nutrients reaching
the Lake; and
WHEREAS, restoration strategies were identified in the Long and Farquar Lakes Total Maximum Daily Load
(TMDL) Implementation Plan Update (Plan) to aid in restoring Farquar Lake; and
WHEREAS, the City is required to reduce the amount of nutrients reaching Farquar Lake to meet the TMDL
under the Plan; and
WHEREAS, a stormwater improvement project in Erickson Park (Project) will reduce the amount of
nutrients reaching the Lake, address restoration strategies identified in the TMDL Implementation Plan Update,
and help to meet the City’s nutrient reduction target required by the TMDL; and
WHEREAS, the estimated Project cost is $260,000; and
WHEREAS, the VRWJPO was awarded a $436,180 Watershed Based Funding grant (Grant) from the
Minnesota Board of Water and Soil Resources (BWSR), of which $100,000 is allocated to this Project and will be
used to cover a portion of the costs; and
WHEREAS, the Grant has a match requirement equal to 25% of the amount of Grant monies received; and
WHEREAS, the VRWJPO and City have included this Project in their Capital Improvement Programs and
will jointly participate in the construction costs and related activities to complete the Project after applying Grant
monies.
NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the VRWJPO
shall derive from this Agreement, the VRWJPO and the City hereby enter into this Agreement for the purposes
stated herein.
ARTICLE 1
PURPOSE
The purpose of this Agreement is to define the Project responsibilities and Project cost-sharing obligations of the
VRWJPO and the City.
1
ARTICLE 2
PARTIES
This agreement is between the VRWJPO and the City. This Agreement uses the word “parties” for both the
VRWJPO and the City.
ARTICLE 3
TERM
This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in
effect until December 31, 2021, or until completion by the parties of their respective obligations under this
Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this
Agreement.
ARTICLE 4
COOPERATION
The VRWJPO and City agree to cooperate and use their reasonable efforts to ensure prompt implementation of
the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable
and timely manner.
ARTICLE 5
TECHNICAL AND QUALITY ASSURANCE
The VRWJPO and City will provide technical and quality assurance for the Project. Any engineer providing
technical or quality assurance for the Project must be a licensed Professional Engineer in the State of Minnesota.
ARTICLE 6
PROJECT PLANS AND SPECIFICATIONS
The City is the lead agency for design and construction administration of this Project, effective upon execution of
this Agreement by both parties. The VRWJPO and City shall approve the plans and specifications (Project Plans)
prior to advertising for bids.
ARTICLE 7
PAYMENT
7.1 The City will administer the contract and act as the paying agent for all payments to the Contractor.
7.2 The Grant will reimburse the following project-related activities up to the amount listed: $100,000 related
to the construction of the Project (City eligible). The City’s maximum eligible reimbursement amount is $100,000
(Agreement Maximum).
7.3 The Grant has a match requirement to the amount of Grant monies received. The match shall be shared
in the amount of up to $30,000 by the VRWJPO and up to $130,000 by the City up to a total maximum grant
match amount of $160,000 and paid prior to release of Grant monies.
7.4 No payment shall be made prior to Project Plans approval by the VRWJPO and City.
7.5 The VRWJPO, through the Grant monies received, shall pay the City for construction costs on a
reimbursement basis. Under the terms of the Grant, the VRWJPO will receive funds in three disbursements: (a)
50% after execution of the Grant; (b) 40% after the first 50% has been expended and Grant reporting
requirements are met; and (c) 10% after final Grant requirements are met. Ten percent (10%) of the Agreement
Maximum shall be withheld until the VRWJPO has verified the Project is installed in accordance with this
Agreement and the Project Plans.
2
7.6 The VRWJPO may refuse to pay claims not specifically authorized by this Agreement or the Grant.
Payment of a claim shall not preclude the VRWJPO from questioning the propriety of the claim. The VRWJPO
reserves the right to be repaid for any overpayment or disallowed claim.
ARTICLE 8
CITY OBLIGATIONS
8.1 AUTHORIZED PURPOSE. The funds provided under the terms of this Agreement may only be used by
the City for the payment of costs directly related to the implementation of the Project.
8.2 CONSTRUCTION REQUIREMENTS. The Project shall be constructed in accordance with the Project
Plans. The VRWJPO and City shall approve any modifications to the Project Plans.
8.3 CONSTRUCTION AND DESIGN FAILURES. Any failure related to construction or design of the Project
shall be addressed in the contracts with the construction firm or professional services firm.
8.4 RIGHT-OF-ENTRY. The City hereby permits the VRWJPO, its employees, duly authorized
representatives and agents to enter upon and have rights of ingress and egress over and access at reasonable
times to the real property where the Project will be located for the purpose of inspecting the construction of the
Project.
8.5 OPERATION AND MAINTENANCE. The City shall be responsible for on-going maintenance of the
Project upon completion for a minimum of twenty-five (25) years and include the maintenance in the City’s capital
improvement plan or as managed as part of its Municipal Separate Storm Sewer System (MS4) unless
necessitated by a failure due to Acts of God or Force Majeure.
8.6 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws,
statutes, ordinances, rules, and regulations in constructing the Project, including obtaining all necessary permits
to construct the Project.
8.7 PUBLICITY. The City hereby permits the VRWJPO to take and disclose photographs of the Project for
use in publications or promotional material or on its website for the purpose of highlighting the VRWJPO’s
programs. The City shall appropriately acknowledge the funding provided by the VRWJPO in any promotional
materials, signage, reports, publications, notices, and presentations related to the Project. This section shall
survive the expiration or termination of this Agreement.
ARTICLE 9
INDEMNIFICATION
Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results
thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers,
employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable
laws govern liability of the VRWJPO and the City. Each party warrants that they are able to comply with the
aforementioned indemnity requirements through an insurance or self-insurance program and that each has
minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or
actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain
separate judgments or separate liability caps from the individual parties. This section shall survive the expiration
or termination of this Agreement.
ARTICLE 10
AUTHORIZED REPRESENTATIVES AND LIAISONS
10.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized
representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they
represent and to consent to modifications, except that the authorized representative shall have only the authority
specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to
this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this
Agreement, or in a modification of this Agreement:
3
TO THE VRWJPO: Mike Slavik or successor, Chair
Vermillion River Watershed Joint Powers Organization
14955 Galaxie Avenue
Apple Valley, MN 55124
Telephone: (952) 891-7030
TO THE CITY: Mary Hamann-Roland, Mayor, or successor
7100 147th St. W.
Apple Valley, MN 55124
Telephone: (952) 953-2506
In addition, notification to the VRWJPO regarding termination of this Agreement by the City shall be provided to
the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033.
10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure
compliance and provide ongoing consultation, a liaison shall be designated by the VRWJPO and the City. The
VRWJPO and the City shall keep each other continually informed, in writing, of any change in the designated
liaison. At the time of execution of this Agreement, the following persons are the designated liaisons:
VRWJPO Liaison: Travis Thiel
Telephone: (952) 891-7546
Email: travis.thiel@co.dakota.mn.us
City Liaison: Jessica Schaum
Natural Resources Coordinator
Telephone: (952) 953-2461
Email: jschaum@cityofapplevalley.org
ARTICLE 11
MODIFICATIONS
Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when
they have been reduced to writing, approved by the parties’ respective Boards, or as delegated by the parties’
respective Boards, and signed by the Authorized Representatives, or delegated authority, of the VRWJPO and
the City.
ARTICLE 12
TERMINATION
12.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice
or without cause by giving 30 days’ written notice, of its intent to terminate, to the other party. Such notice to
terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a
material breach of this Agreement and any supplemental agreements or amendments thereto. This Agreement
may also be terminated by the City in the event of a default by the VRWJPO . Notice of Termination shall be made
by certified mail or personal delivery to the authorized representative of the other party. Termination of this
Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance
of or failure to adequately perform the terms of this Agreement prior to the effective date of termination.
12.2 TERMINATION BY VRWJPO FOR LACK OF FUNDING. Notwithstanding any provision of this
Agreement to the contrary, the VRWJPO may immediately terminate this Agreement if it does not obtain funding
from the Minnesota Legislature, Minnesota Agencies, or other funding sources, or if it’s funding cannot be
continued at a level sufficient to allow payment of the amounts due under this Agreement. The VRWJPO is not
obligated to pay for any services that are provided after written notice of termination for lack of funding. The
VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. The
VRWJPO will pay for expenses incurred by the City up to Notice of Termination of work on the Project.
4
ARTICLE 13
MINNESOTA LAW TO GOVERN
This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of
the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this
Agreement shall be venued in the County of Dakota, State of Minnesota. This section shall survive the expiration
or termination of this Agreement.
ARTICLE 14
MERGER
This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement
of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements.
ARTICLE 15
SEVERABILITY
The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void,
invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this
Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the
value of the entire Agreement with respect to either party.
ARTICLE 16
GOVERNMENT DATA PRACTICES
The City and the VRWJPO must comply with the Minnesota Government data Practices Act, Minn.Stat. ch. 13, as
it applies to all data provided, created, collected, received, stored, used, maintained, or disseminated under this
Agreement. The civil remedies of Minn.Stat. § 13.08 apply to the release of the data referred to in this clause by
either the City or the VRWJPO.
ARTICLE 17
SURVIVABILITY
The provisions of sections 8.3 (Construction and Design Failures), 8.5 (Operation and Maintenance), 9
(Indemnification) and 16 (Government Data Practices) survive the expiration or termination of this Agreement.
ARTICLE 18
DEFAULT: FORCE MAJEURE
Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform
due to unforeseeable acts or events outside the defaulting party’s reasonable control, providing the defaulting
party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of
terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters.
[Signatures on following page]
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
CITY OF APPLE VALLEY
By ___________________________________
Mary Hamann-Roland or successor, Mayor
Date of Signature: ____________________
ATTEST: ___________________________________
By: Pamela Gackstetter or successor, City Clerk
Date of Signature: ____________________
VERMILLION RIVER WATERSHED
JOINT POWERS ORGANIZATION
APPROVED AS TO FORM:
By ___________________________________
/s/Helen R. Brosnahan 6-5-19 Mike Slavik or successor, Chair
Assistant Dakota County Attorney Date of Signature: _____________________
Date of Signature:
VRW Res. No. _____
KS-18-544
6
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution A pproving Feasibility Report for P roject 2019-108, 2019-109 and 2019-111,
Construction of P ublic I nfrastructure Relating to the P roposed Menards at Hanson Concrete
Redevelopment
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Adopt resolution approving feasibility report for Project 2019-108, 2019-109 and 2019-111,
construction of public infrastructure relating to the proposed Menards at Hanson C oncrete
Redevelopment.
S UM M ARY:
T he Feasibility Study, completed by SEH, Inc. recommends improvements to J ohnny Cake
Ridge Road between C ounty State A id Highway (C SA H) 42 and north of 147th Street, along
with improvements to C SA H 42 to accommodate the increased traffic being generated by the
Menards at Hanson Concrete Redevelopment. T he feasibility study is required by C hapter
429 of State Statute for assessments of public improvements and outlines the shared cost
responsibilities between Menards and the C ity of Apple Valley.
T he developer is requesting to construct all the internal streets and utilities within their
platted property under a private installation agreement, but the developer has petitioned the
City to complete the improvements within the public rights of way for J ohnny C ake Ridge
Road, C SA H 42, 149th Street and 147th Street, and assess the costs back to Menards.
T he improvements are scheduled to be constructed over two years, with the 147th Street and
J C RR intersection being constructed in the fall of 2019, and the C SA H 42 intersection, 149th
roundabout and right turn access into Menards planned for 2020. A separate Waiver of
Objection Assessment Agreement with Menards for C ity Projects 2019-108 and 2019-111
will be provided at a later date prior to the award of a contract after the public bid process.
Generally, the improvements consist of bituminous roadway, curb and gutter, traffic signals,
channelization and turn lanes, street lighting, trails and/or sidewalks, storm sewers, sanitary
and water main extensions/stubs, landscaping and fiber optic conduits.
B AC K G RO UND:
In 2017, the C ity received a $250,000 Redevelopment Incentive Grant (RIG) from the
Dakota C ounty C ommunity Development Agency (C D A), which will be used for the 147th
Street and J ohnny C ake Ridge Road intersection improvements associated with the
agreement. T he grant agreement requires that the funds be spent by November 2019.
At the November 15, 2018, C ity C ouncil meeting the following items were approved as they
relate to the redevelopment of the Hanson Property:
1. Approve Preliminary Plan Development Agreement with Menards, Inc.
2. Approve Design Agreement with Menards, Inc., for Design Services of Public
Infrastructure
3. Adopt Resolution Approving Re-designation of Lot 1, Block 1, Menards at Hanson
Concrete Preliminary Plat from “IN D” (Industrial) to “C ” (Commercial) on 2030
Comprehensive Plan Land Use Map
4. Pass Ordinance Rezoning Lots 1 and 2, Block 1, and O utlots A-D, Menards at Hanson
Concrete, Preliminary Plat from “I-2” (General Industrial) to “PD ” (Planned
Development)
5. Pass Planned Development Ordinance C odifying the Uses, Performance Standards, and
Area Requirements for the Planned Development (Recommend waiving second
reading)
6. Adopt Resolution Approving Preliminary Plat
7. Adopt Resolution Approving Site Plan/Building Permit A uthorization to Allow for
Construction of 206,209-Sq. Ft. Menards Store and 48,970-Sq. Ft. Warehouse on Lot
1, Block 1, Menards at Hanson Concrete
On May 9, 2019, C ity C ouncil Approved Waiver of Objection to Special Assessments with
Menards, Inc. for C onstruction of Public Infrastructure Relating to the Proposed Menards at
Hanson Concrete Redevelopment
On May 9, 2019, City C ouncil Approved Advance Purchase of Traffic Signal C ontroller
Cabinet and C ontroller Unit in the amount of $26,945.90 from Traffic C ontrol Corporation,
contingent on execution of Waiver of Objection to Special Assessments with Menards, Inc.,
for construction of public infrastructure relating to the proposed Menards at Hanson C oncrete
Redevelopment Public Improvements, C ity Project 2019-109.
On May 9, 2019, City C ouncil Approved Advance Purchase of Traffic Signal System
Materials and Electrical Equipment in the amount of $63,441.00 from Millerbend
Manufacturing, contingent on execution of Waiver of Objection to Special Assessments with
Menards, Inc., for construction of public infrastructure relating to the proposed Menards at
Hanson Concrete Redevelopment Public Improvements, C ity Project 2019-109.
B UD G E T I M PAC T:
T hese preliminary estimates include a 15% contingency and 25% added cost for project
administration, legal and engineering fees, which are typical of all C ity projects. Special
assessments for all improvements are proposed in accordance with the C ity’s Assessment
Policy and will be included in the final developer’s agreement with the final plat. No other
parcels are proposed to be assessed.
An estimate of the necessary funding from the feasibility study is below:
City
Project
Item Total
Project
C osts
Developer’s
Cost
C ity Cost C ity/Community
Development
Agency Grant
2019-
108
J C RR and
C SA H 42
Project with
RA B
$
3,443,500
$ 3,407,400 $36,100
2019-
109
J C RR and
147th
Project
3,332,500 3,014,800 67,700 $250,000
2019-
111
WB Right
Turn Lane
on C SA H
42
117,200 117,200
Total Cost $
6,893,200
$ 6,539,400 $103,800 $250,000
AT TAC HM E NT S :
Report
Resolution
Feasibility Report for Construction of Public Infrastructure
Relating to the Proposed Menards at Hanson Concrete
Development
County Road 42 and Johnny Cake Ridge Road Intersection Improvements
147th Street and Johnny Cake Ridge Road Intersection Improvements
County Road 42 Right Turn Lane at Menards Improvements
City of Apple Valley, Minnesota
Improvement Project Nos. 2019-108, 2019-109 and 2019-111
APPLE 149344 and APPLE 149342 Revised May 24, 2019, July 16, 2019
FEASIBILITY REPORT FOR CONSTRUCTION OF PUBLIC
INFRASTRUCTURE RELATING TO THE PROPOSED
MENARDS AT HANSON CONCRETE DEVELOPMENT
County Road 42 and Johnny Cake Ridge Road Intersection Improvements,
147th Street and Johnny Cake Ridge Road Intersection Improvements and County Road 42
Right Turn Lane at Menards Improvements
City of Apple Valley, Minnesota
Improvement Project Nos. 2019-108, 2019-109 and 2019-111
SEH No. APPLE 149344 and APPLE 149342
July 16, 2019
I hereby certify that this report was prepared by me or under my direct supervision, and
that I am a duly Licensed Professional Engineer under the laws of the State of
Minnesota.
David E. Hutton
Date: July 16, 2019 License No.: 19133
Reviewed By: Shane Geraghty Date: July 16, 2019
Short Elliott Hendrickson Inc.
10901 Red Circle Drive, Suite 300
Minnetonka, MN 55343-9302
952.912.2600
SEH is a registered trademark of Short Elliott Hendrickson Inc.
FEASIBILITY REPORT APPLE 149344 and APPLE 149342
i
Contents
Certification Page
Contents
1 Introduction ................................................................ 1
2 Background ................................................................ 1
3 Project Area/Description ............................................ 2
4 Existing Conditions ..................................................... 2
5 Proposed Development .............................................. 2
6 Traffic Studies/Recommendations ............................. 2
7 Proposed Improvements ............................................ 3
7.1 Street ...................................................................................................... 3
7.2 Traffic Signal ........................................................................................... 4
7.3 Trails/Sidewalks ...................................................................................... 4
7.4 Street Lighting ........................................................................................ 4
7.5 Sanitary Sewer ....................................................................................... 4
7.6 Water System ......................................................................................... 4
7.7 Storm Sewer Improvements ................................................................... 4
7.8 Fiber Conduit .......................................................................................... 4
8 Right-of-way and Easements ..................................... 4
9 Estimated Costs and Funding Considerations ........... 5
10 Recommended Project Schedule ............................... 7
11 Conclusions and Recommendations .......................... 7
List of Tables
Table 1 – Summary of Estimated Project Cost ........................................................... 5
Table 2 – Project Costs Based on Low Bid Received including 10% Contingency and
25% Engineering Costs ........................................................................................ 6
Table 3 – Project Funding Summary .......................................................................... 6
Table 4 – Preliminary Project Schedule ..................................................................... 7
Contents (continued)
FEASIBILITY REPORT APPLE 149344 and APPLE 149342
ii
List of Appendix A
Project Layout
Project Phasing
Property Ownership Location Map
GRE Pole Relocation Drawing
Typical Sections
Opinion of Probable Cost
APPLE 149344 and APPLE 149342
Page 1
FEASIBILITY REPORT FOR CONSTRUCTION OF
PUBLIC INFRASTRUCTURE RELATING TO THE
PROPOSED MENARDS AT HANSON CONCRETE
DEVELOPMENT
County Road 42 and Johnny Cake Ridge Road Intersection
Improvements, 147th Street and Johnny Cake Ridge Road Intersection
Improvements and County Road 42 Right Turn Lane at Menards
Improvements
Prepared for City of Apple Valley, Minnesota
1 Introduction
The purpose of this feasibility report is to outline the proposed improvements and cost estimates
for upgrading Johnny Cake Ridge Road between County State Aid Highway (CSAH) 42 and
north of 147th St. along with improvements on to CSAH 42 to accommodate the increased traffic
being generated by development in the northwest corner of CSAH 42 and Johnny Cake Ridge
Road (JCRR).
2 Background
The City of Apple Valley has received and approved a preliminary plat for a new Menards store
(developer) located at the NW corner of CSAH 42 and Johnny Cake Ridge Road. (See location
map in Appendix). Final plat will be submitted and approved in 2019.
As part of the negotiations with the developer, the City is allowing the developer to construct all
the internal streets and utilities within their platted property, but has required the developer to
petition the City to complete the improvements within the public rights of way for Johnny Cake
Ridge Road, CSAH 42, 149th St and 147th Street. Generally, the costs of these improvements
will be assessed back to the developer, excluding any City only costs. The intersection at 148th
Street will not be improved at this time, but rather will be a future improvement depending on
additional development of that parcel.
The improvements will be constructed over two years, with the 147th intersection being
constructed in the fall of 2019 and the CSAH 42 intersection, 149th roundabout and right turn
access into Menard’s planned for 2020. Generally, the improvements consist of bituminous
roadway, curb and gutter, traffic signals, channelization and turn lanes, street lighting, trails
and/or sidewalks, storm sewers, sanitary and water main extensions/stubs, landscaping and fiber
optic conduits.
FEASIBILITY REPORT APPLE 149344 and APPLE 149342
Page 2
3 Project Area/Description
The layout in the Appendix generally shows the project area and property owners adjacent to the
project boundaries. Zoning is generally commercial and industrial uses. The existing parcels
along the west side of JCRR between CSAH 42 and 147th is currently vacant. The Uponor
headquarters campus is located in the SE quadrant of 147th/JCRR and Abdallah Chocolates is in
the NW quadrant of this same intersection. A Holiday gas station is located in the NE corner of
CSAH 42/JCRR. On the south side of JCRR at CSAH 42 is the Fischer Aggregate gravel mining
operations.
4 Existing Conditions
Johnny Cake Ridge Road between CSAH 42 and north of147th Street is an existing 4 lane,
urban, undivided roadway. It is on the City’s Municipal State Aid System. There is a signalized
intersection at CSAH 42 with channelization/turn lanes in all four directions. The intersection at
147th is currently a 4 way stop condition. There is generally a pedestrian sidewalk/trail on the
east side of JCRR. Great River Energy (GRE) has a major transmission line running both north
south along JCRR (west side) and east west along CSAH 42 (north side). A large berm is also
located on the west side of JCRR as a remnant left over when the parcel was a concrete pipe
manufacturing and storage facility. Storm sewers are minimal. The intersections of 149th and
148th generally exist to the east only as typical T intersections.
5 Proposed Development
Menard, Inc. is proposing to construct a 255,000 sq ft store in the NW quadrant of CSAH 42 and
JCRR. Full access to the store is going to be provided by a new Roundabout at 149th St. A right
turn lane access for west bound travelers will be provided on CSAH .
An internal roadway system will connect 149th Street to 147th Street through the development.
Once constructed, these streets will become dedicated to the City as public streets. These
improvements are not part of this feasibility report.
As part of the development project, GRE will be relocating their transmission line along JCRR to
a location approximately 60 feet to the west of its’ current location between CSAH 42 and 147th
Street to accommodate the roadway expansion. North of 147th Street the existing GRE poles will
not be relocated. Menards, Inc. will be paying for the transmission line relocation.
Storm water management will be provided within the site to handle all runoff from the
development and the interior streets. The proposed storm water pond will be sized large enough
to handle the runoff from the proposed improvements on JC and the internal roadway system.
Preliminary plat has been approved by the Planning Commission and City Council. It is
anticipated that final plat will be approved by the City in 2019.
6 Traffic Studies/Recommendations
As part of the development application, several independent traffic studies were commissioned
(one by the developer and one by the City) to determine the improvements that would be needed
on JCRR to accommodate the growth in traffic generated by the development. Those traffic
studies are on file at City Hall and are not being included in this report.
FEASIBILITY REPORT APPLE 149344 and APPLE 149342
Page 3
The recommended improvements at 147th and JCRR consisted of the following items:
Installation of a new traffic signal, replacing the all way stop sign
Additional channelization and turn lanes.
4 lane divided roadway north and south of 147th
The recommended improvements at CSAH 42 and JCRR consisted of the following items:
Installation of a completely new traffic signal at CSAH 42.
Additional channelization and turn lanes in 3 of the 4 legs of the CSAH 42 intersection
(excludes any improvements to the east leg). Primarily resulting in a longer EB CSAH 42
left turn lane onto JCRR and double left turn lanes for SB JCRR onto EB CSAH 42.
A dedicated SB right turn lane on JCRR at CSAH 42.
A new WB right turn lane on CSAH 42 directly into the Menard’s property.
4 lane divided roadway. This would create right in-right out conditions at the Holiday gas
station and other driveways.
A new 2 lane roundabout at 149th street replacing the existing 3 legged T intersection.
The segment of JCRR that is located at 148th Street would be a temporary transition zone to
connect the proposed improvements at the roundabout at 149th and new 4 lane divided roadway
south of 147th. Eventually, as additional development occurs, the traffic studies recommend a
second roundabout be installed to provide safe access at 148t St.
7 Proposed Improvements
Based on the necessary improvements as generated by the development along JCRR, the
recommended improvements are described below.
All street improvements include updating or installing any pedestrian ramps to meet the current
American with Disabilities Act (ADA) requirements.
7.1 Street
It is proposed to construct a 10 ton, bituminous asphalt 4 lane divided street, with curb and gutter
and channelization at the intersections. A typical section is shown in the Appendix. The east curb
line was shifted slightly from where it exists today to minimize impacts to the GRE pole. All
widening would be done on the west side of JCRR. Design was completed to avoid moving GRE
Pole #5, north of 147th St, although a short (+/- 3 feet high) retaining wall is necessary.
A 2-lane roundabout is proposed at the intersection of 149th as the main entrance to the new
Menards store. The west leg of the roundabout will tie into the new internal street system being
built by the development and the east leg will tie into existing 149th St.
The CSAH 42 intersection will be improved by additional turn lanes and channelization as shown
on the attached layout in the Appendix. This would include constructing a 250 foot long extension
to the existing left turn lane for EB traffic moving to NB JCRR.
A new right turn lane will be constructed on CSAH 42 to provide a WB access point to the
Menard’s store.
FEASIBILITY REPORT APPLE 149344 and APPLE 149342
Page 4
7.2 Traffic Signal
The proposed improvement include new controller and cabinet, painting of the poles and mast
arms, installation of countdown pedestrian heads, Accessible Pedestrian System (APS) push
buttons, EVP system, flashing yellow left turn system, new wiring, a video detection system and
other appurtenance replacement as necessary
7.3 Trails/Sidewalks
An 8 foot wide bituminous trail is proposed on the west side of the street. An 8 foot wide trail and
new concrete sidewalk is proposed on the east side of the street.
7.4 Street Lighting
New LED street lighting is proposed to be installed at all of the intersections. For the intersection
of 147th and CSAH 42 the signal poles will be utilized as the base for the new street lights.
7.5 Sanitary Sewer
There are minimal proposed sanitary sewer improvements to the existing system with the
exception of a 350 lf stub north of 148th and stubs into Menards at 149th. All other improvements
consist of adjusting manhole castings and lids within the project area.
7.6 Water System
There are minimal proposed water main improvements to the existing system with the exception
of stubbing water main to Menards site at 149th. All other improvements would consist of
adjusting or replacing gate valve castings as impacted within the project area.
7.7 Storm Sewer Improvements
Storm sewer improvements meeting the 10 year design will be installed in JCRR from CSAH 42
to JCRR. The storm sewers will outlet at the north boundary line of the Menard’s property and
discharge into the storm sewer system being constructed by the developer, which ultimately
discharges into a regional storm water pond.
7.8 Fiber Conduit
It is proposed to construct a fiber conduit along the west side of JCRR from CSAH 42 to north of
147th to provide future communications network City facilities, along with the signal
interconnection system. Additional conduits are included as part of the City cost to extend north
to City facilities.
8 Right-of-way and Easements
Generally, all public infrastructure owned, maintained and operated by the City throughout the
project areas are located within City easements and/or right-of-way. The developer is platting
additional right of way along the west side of JCRR to allow for the additional lane width to be
constructed along with the roundabout at 149th Street. Additionally the developer is platting
additional transmission line easement to allow GRE to relocate their poles further west of their
existing location.
FEASIBILITY REPORT APPLE 149344 and APPLE 149342
Page 5
The only potential locations that is anticipated that the City will need to obtain any additional
easement for any proposed improvements will be:
At the SE corner of 147th Street at the Uponor parcel in order to improve the radius at
the corner for truck turning movements.
At the SW corner of CSAH 42 and JCRR due to the need to line up the lane configuration
on the south side of the intersection with that on the north.
There is an existing Magellan Pipeline easement crossing JCRR just north of 147th Street. The
City will need to obtain an encroachment agreement from Magellan to construct the project.
9 Estimated Costs and Funding Considerations
Due to the separate additional City grant monies on the 147th signal system, it is proposed to bid
the project as two separate packages. The 147th project is proposed to be constructed in late
summer/fall, 2019. The CSAH 42 and RAB project is proposed to be constructed in 2020.
The total estimated cost of the proposed Improvements is $6,893,600. The following Table 1
provides a summary of the estimated project costs and Table 2 the recommended funding
amount from the various sources as indicated.
Table 1 – Summary of Estimated Project Cost
Project Cost
147th and JCRR
1. MSA SAP (Left Turn Lane) $44,800
2. Storm/Street $2,768,500
3. Sanitary $72,000
4. Watermain $36,600
5. Signal System $388,000
6. Trail (Abdallah) $22,900
Total $3,332,800
CSAH 42
1. JCRR $3,407,400
2. Left Turn Lane $36,100
Total $3,443,500
Right Turn Lane CSAH 42
1. Right Turn Lane $117,200
Total $117,200
The City will fund the following improvements:
The trail north of 147th St across the abutment property.
The SB left turn lane at 147th St.
One of the SB left turn lanes at CSAH 42.
Summary of Estimated Project Cost
FEASIBILITY REPORT APPLE 149344 and APPLE 149342
Page 6
On July 9, 2019 Bids were received for the 147th/JCRR project. Table 2 provides a revised cost
for this project based on the low bid plus 10% Contingency and 25% Engineering Costs.
Table 2 – Project Costs Based on Low Bid Received including 10% Contingency and 25%
Engineering Costs
In 2017, the City received a $250,000 Redevelopment Incentive Grant (RIG) from the Dakota
County Community Development Agency to be used towards the segment at 147th St and
Johnny Cake Ridge Road. The grant requires that the funds be spent in 2019.
All other costs will be funded by the Menards development.
Table 3 – Project Funding Summary
Item Total Project
Costs
Developer’s
Cost City Cost
City/Community
Development
Agency Grant
JCRR and CSAH 42
Project with RAB $3,443,500 $3,407,400 $36,100 $0
JCRR and 147th Project $3,332,500 $3,014,800 $67,700 $250,000
WB Right Turn Lane on
CSAH 42 $117,200 $117,200 $0 $0
Total Cost $6,893,200 $6,539,400 $103,800 $250,000
A detailed cost estimate can be found in the Appendix.
These preliminary estimates includes a 15% contingency a 25% added cost for project
administration, legal and engineering fees, which are typical of all City projects. Special
assessments for all improvements are proposed in accordance with the City’s Assessment Policy
and will be included in the final developer’s agreement with the final plat. No other parcels are
proposed to be assessed.
Project Cost
147th and JCRR
1. MSA SAP (Left Turn Lane) $75,800
2. Storm/Street $2,971,100
3. Sanitary $48,300
4. Watermain $68,000
5. Signal System $371,100
6. Trail (Abdallah) $26,900
Total $3,561,200
FEASIBILITY REPORT APPLE 149344 and APPLE 149342
Page 7
10 Recommended Project Schedule
Table 4 – Preliminary Project Schedule
Action Target Date
Bid Letting 147th Street Project July 2019
147th Street Construction August – November 2019
Bid Letting CSAH 42 Project Spring 2020
CSAH 42 Construction May-October 2020
11 Conclusions and Recommendations
The overall improvements are needed to allow development to occur along this corridor and are
critical to the operational safety, welfare and economic health of the entire community. As a result
of the infrastructure needs described and the proposed solution and estimated costs provided in
this report, the proposed project is considered to be necessary, cost effective and feasible.
Appendix A
Project Layout
Project Phasing
Property Ownership Location Map
GRE Pole Relocation Drawing
Typical Sections
Opinion of Probable Cost
5980 5992
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COUNTY ROAD 42 AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTSCOUNTY ROAD 42 RIGHT TURN AT MENARDS IMPROVEMENTSUPPER 147TH STPHONE: 952.912.260010901 RED CIRCLE DRIVE,SUITE 300MINNETONKA, MN 55343www.sehinc.comFILE NO:REVISION DATE:5/16/19149342LEGENDPROPOSED PAVEMENTPROPOSED CURB AND GUTTERPROPOSED MEDIAN/SIDEWALKPROPOSED TRAILEXISTING RIGHT OF WAYEXISTING EASEMENTPROPOSED RIGHT OF WAYPROPOSED EASEMENT
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PHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.comFILE NO.DATE:PROJECT PHASING150TH STREET WEST149TH STREET WEST
MENARD'SDATE:REVISED DATE:ABDALLAH148
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Figure
1
3535 VADNAIS CENTER DR.
ST. PAUL, MN 55110
PHONE: (651) 490-2000
FAX: (888) 908-8166
TF: (800) 325-2055
www.sehinc.comPath: S:\AE\A\Apple\Common\GIS\Maps\AssessedParcels_20190430.mxdPROPERTY LOCATION MAP
Johnny Cake Ridge Rd
Apple Valley, Minnesota
Print Date: 4/30/2019
Map by: aknorr
Projection: Dakota CC
Source: Dakota Co, SEH
This map is neither a legally recorded map nor a survey map and is not intended to be used as one. This map is a compilation of records, information, and data gathered from various sources listed on this map and is to be used for reference purposes only. SEH does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and SEH does not represent that
the GIS Data can be used for navigational, tracking, or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The user of this map acknowledges that SEH shall not be liable for any damages which arise out of the user's access or use of data provided.
O0 600 1,200300
Feet
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PHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.comFILE NO.DATE:GREAT RIVER ENERGYPROPOSED POLE LOCATIONSJOHNNY CAKE RIDGE ROAD150TH STREET WEST149TH STREET WEST
UPPER 147TH STREET WEST
148TH STREET WEST EX. PP #96APROP. LOCATION PP #96AEX. PP #1PROP. LOCATION PP #1(10' WEST OF ROW)EX. PP #2PROP. LOCATION PP #2(10' WEST OF ROW)EX. PP #3PROP. LOCATION PP #3(10' WEST OF ROW)PROP. LOCATION PP #4EX. PP #4EX. PP #5(UAC)MENARD'SSCANNELL PROPERTIES494.75'410.14'400.22'PROP. RIGHT OF WAYPROP. RIGHT OF WAYPROP.TRANSMISSIONLINE EASEMENT30.00'PROP. 30' TRANSMISSIONLINE EASEMENT171.7°2/12/19, 2/20/19,3/26/19, 4/4/19DATE:REVISED DATE:496.58'350.32'353.91'EX. PP #97PROP. LOCATION PP #97PROP. 30' TRANSMISSIONLINE EASEMENT171.7°ABDALLAH50.00'91.8°178.4°ELEVATIONS AT NEW POLE LOCATIONPOWER POLE IDEXISTINGPROPOSEDPP# 96A984.00982.8PP #97983.33983.33PP #1982.93982.1PP #2983.11983.11PP #3982.51982.51PP #4985.36982.58PP #5987.83985.12
KEYED NOTES1.TIP IN B618 CURB AND GUTTER2.TIP OUT B618 CURB AND GUTTER3.SEE TRAIL ALIGNMENT AND PROFILE FOR MORE DETAILS4.TIE BACK OF TRAIL IN AT EXISTING GROUND5.DAYLIGHT AT EDGE TEMPORARY GRADING EASEMENTLIMITS6.DAYLIGHT AT ROW LIMITS7.14' SOUTHBOUND LEFT TURN LANE WITH 5.34' STRIPEDMEDIAN FROM STA. 107+35 TO STA. 108+658.4" CONCRETE PAVEMENT9.TIE IN TO EXISTING CURB FROM STA. 100+78 TO STA. 103+09ROWROW8'TRAIL17'BLVD13'THROUGH LANE13'THROUGH LANE13'LEFT TURN LANE12'THROUGH LANE13'RIGHT TURN/THROUGHLANE8' BLVD8'TRAIL4'MEDIAN0.67'0.67'0.67'0.67'117'ROWALIGNMENT℄2%2%1.5%28.38'1.5%4%2211TYPICAL SECTIONJOHNNY CAKE RIDGE ROADSTA. 109+80 - STA. 112+80(N.T.S.)SEE INSET ASEE INSET ASEE INSET BSEE INSET BVARIES2'VARIESTEMPORARYGRADINGEASEMENT2'5ROWROW8'TRAIL17'BLVD13'THROUGH LANE12'THROUGH LANE12'THROUGH LANE13'RIGHT TURN/THROUGHLANE8' BLVD8'TRAIL0.67'0.67'145.41'ROWALIGNMENT℄2%2%1.5%1.5%4%11TYPICAL SECTIONJOHNNY CAKE RIDGE ROADSTA. 100+78 - STA. 109+80(N.T.S.)SEE INSET ASEE INSET ASEE INSET BSEE INSET BVARIES2'VARIES619.34'PAINTED MEDIAN69.34'FACE TO FACE789TYPICAL SECTIONSC1.01SHEET NUMBERNO.DATESURVEYAPPROVEDDESIGNEDDRAWNPROJ. NO.WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
AND THAT I AM A DULY LICENSED
UNDER THE LAWS OF THE STATE OF
PRINT NAME:
SIGNATURE:
DATE:LIC. NO.REVISIONP:\AE\A\Apple\149344\5-final-dsgn\51-drawings\10-Civil\cad\dwg\sheet\AP149344TY.dwg 5/2/2019 8:36:02 AM
CITY OF APPLE VALLEY, MINNESOTA 7100 147TH ST WAPPLE VALLEY, MN 551242019-109147TH STREET AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTS
SAP 186-103-018
ROWROW8'TRAIL8'BLVD13'THROUGH LANE13'THROUGH LANE13'LEFT TURN LANE12'THROUGH LANE13'RIGHT TURN/THROUGHLANEBLVDVARIES8'TRAIL4'MEDIAN0.67'0.67'0.67'0.67'100'ROWALIGNMENT℄2%2%1.5%2'6:1 MAX2'26'EASEMENTDRAINAGE, UTILITY ANDTRAIL EASEMENT2'6:1 MAXVARIES4:1MAX1.5%VARIESTRAILBASELINEROWROW8'TRAIL8'BLVD13'THROUGH LANE13'THROUGH LANE13'THROUGH LANE13'RIGHT TURN/THROUGHLANEBLVDVARIES8'TRAILMEDIAN VARIES0.67'0.67'0.67'0.67'100'ROWALIGNMENT℄2%2%1.5%2'6:1 MAX2'26'EASEMENTDRAINAGE, UTILITY ANDTRAIL EASEMENT2'6:1 MAXVARIES4:1MAX1.5%VARIESTRAILBASELINE221134SEE INSET BSEE INSET ASEE INSET BSEE INSET A69.34'FACE TO FACETYPICAL SECTIONJOHNNY CAKE RIDGE ROADSTA. 115+29 - STA. 118+02(N.T.S.)VARIES221134TYPICAL SECTIONJOHNNY CAKE RIDGE ROADSTA. 113+79- STA.115+29(N.T.S.)SEE INSET ASEE INSET ASEE INSET BSEE INSET BVARIESKEYED NOTES1.TIP IN B618 CURB AND GUTTER2.TIP OUT B618 CURB AND GUTTER3.SEE TRAIL ALIGNMENT AND PROFILE FOR MORE DETAILS4.TIE BACK OF TRAIL IN AT EXISTING GROUND5.DAYLIGHT AT EDGE TEMPORARY GRADING EASEMENTLIMITS6.DAYLIGHT AT ROW LIMITS7.14' SOUTHBOUND LEFT TURN LANE WITH 5.34' STRIPEDMEDIAN FROM STA. XXX+XX TO STA. XXX+XX8.4" CONCRETE PAVEMENT88TYPICAL SECTIONSC1.02SHEET NUMBERNO.DATESURVEYAPPROVEDDESIGNEDDRAWNPROJ. NO.WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
AND THAT I AM A DULY LICENSED
UNDER THE LAWS OF THE STATE OF
PRINT NAME:
SIGNATURE:
DATE:LIC. NO.REVISIONP:\AE\A\Apple\149344\5-final-dsgn\51-drawings\10-Civil\cad\dwg\sheet\AP149344TY.dwg 5/2/2019 8:36:07 AM
CITY OF APPLE VALLEY, MINNESOTA 7100 147TH ST WAPPLE VALLEY, MN 551242019-109147TH STREET AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTS
SAP 186-103-018
ROWROW8'TRAILBVLDVARIES13'THROUGH LANE12'THROUGH LANEBLVDVARIES8'TRAIL0.67'0.67'100'ROWALIGNMENT℄2%2%1.5%2'6:1 MAX2'26'EASEMENTDRAINAGE, UTILITY ANDTRAIL EASEMENT2'6:1 MAXVARIES4:1MAX1.5%VARIESTRAILBASELINE13'THROUGH LANE12'THROUGH LANEPAINTEDMEDIANVARIES11TYPICAL SECTIONJOHNNY CAKE RIDGE ROADSTA. 118+02 - STA. 118+58(N.T.S.)3SEE INSET ASEE INSET BSEE INSET BVARIES4KEYED NOTES1.TIP IN B618 CURB AND GUTTER2.TIP OUT B618 CURB AND GUTTER3.SEE TRAIL ALIGNMENT AND PROFILE FOR MORE DETAILS4.TIE BACK OF TRAIL IN AT EXISTING GROUND5.DAYLIGHT AT EDGE TEMPORARY GRADING EASEMENTLIMITS6.DAYLIGHT AT ROW LIMITS7.14' SOUTHBOUND LEFT TURN LANE WITH 5.34' STRIPEDMEDIAN FROM STA. XXX+XX TO STA. XXX+XX8.4" CONCRETE PAVEMENT2 - 2" LIFTS TYPE SP 9.5 WEARING COURSEMIXTURE (SPWEA340F)2 - 2" LIFTS TYPE SP 9.5 WEARINGCOURSE MIXTURE (SPWEA340F)12" AGGREGATE BASE CLASS 512" SELECT GRANULAR BORROWINSET A - STREET BITUMINOUS2 - 2" LIFTS TYPE SP 9.5 WEARING COURSEMIXTURE (SPWEB230B)12" AGGREGATE BASE CLASS 5INSET A - TRAIL BITUMINOUSTYPICAL SECTIONSC1.03SHEET NUMBERNO.DATESURVEYAPPROVEDDESIGNEDDRAWNPROJ. NO.WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
AND THAT I AM A DULY LICENSED
UNDER THE LAWS OF THE STATE OF
PRINT NAME:
SIGNATURE:
DATE:LIC. NO.REVISIONP:\AE\A\Apple\149344\5-final-dsgn\51-drawings\10-Civil\cad\dwg\sheet\AP149344TY.dwg 5/2/2019 8:36:12 AM
CITY OF APPLE VALLEY, MINNESOTA 7100 147TH ST WAPPLE VALLEY, MN 551242019-109147TH STREET AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTS
SAP 186-103-018
APPLE VALLEY, MINNESOTA147TH STREET AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTSCity Project No. 2019-109SEH No. APPLE 149344Opinion of Probable CostDate: April 15, 2019Revised: 5/2/2019, 5/17/2019P:\AE\A\Apple\149344\5-final-dsgn\54-quant\[OPC 147th.xlsx]Opinion CostQUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST12105.507 COMMON EXCAVATION (P)CU YD 441 $17.00 $7,497.00 441 $7,497.0022105.507 SELECT GRANULAR BORROW (CV) (P)CU YD 297 $20.00 $5,940.00 297 $5,940.0032211.509 AGGREGATE BASE (CV) CLASS 5TON 568 $17.50 $9,940.00 568 $9,940.0042360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C)TON 53 $65.00 $3,445.00 53 $3,445.0052360.509 TYPE SP 12.5 NONWEARING COURSE MIXTURE (3;C)TON 26 $65.00 $1,690.00 26 $1,690.0062521.518 4" CONCRETE WALKSQ FT 2,669 $5.50 $14,679.50 2669 $14,679.5072531.503 CONCRETE CURB & GUTTER DESIGN B618LIN FT 846 $15.00 $12,690.00 846 $12,690.0082582.503 4" SOLID LINE MULTI COMPLIN FT 146 $0.50 $73.00 146 $73.0092582.503 12" SOLID LINE MULTI COMPLIN FT 23 $4.00 $92.00 23 $92.00102582.503 24" SOLID LINE MULTI COMPLIN FT 12 $8.00 $96.00 12 $96.00$32,577.50 $32,577.50 $0.00 $0.00 $0.00 $0.00 $0.00112021.501 MOBILIZATIONLUMP SUM 1 $150,000.00 $150,000.00 1 $150,000.00122104.502 REMOVE MANHOLEEACH 3 $700.00 $2,100.00 3 $2,100.00132104.502 REMOVE CASTINGEACH 9 $90.00 $810.00 9 $810.00142104.502REMOVE DRAINAGE STRUCTUREEACH 6 $434.00 $2,604.00 6 $2,604.00152104.502 SALVAGE SIGNEACH 15 $48.00 $720.00 15 $720.00162104.502 REMOVE SIGNEACH 20 $22.00 $440.00 20 $440.00172104.503 SAWING BITUMINOUS PAVEMENTLIN FT 475 $4.00 $1,900.00 475 $1,900.00182104.503 REMOVE CURB & GUTTERLIN FT 4,613 $2.50 $11,532.50 4,613 $11,532.50192104.503REMOVE SEWER PIPE (STORM)LIN FT 863 $14.00 $12,082.00 863 $12,082.00202104.504 REMOVE BITUMINOUS PAVEMENTSQ YD 12,372 $2.00 $24,744.00 12,372 $24,744.00212104.518 REMOVE CONCRETE WALKSQ FT 1,635 $1.00 $1,635.00 1,635 $1,635.00222104.518 REMOVE BITUMINOUS WALKSQ FT 13,545 $2.50 $33,862.50 13,545 $33,862.50232105.507 COMMON EXCAVATION (P)CU YD 21,368 $17.00 $363,256.00 21,368 $363,256.0024 2105.507 SUBGRADE EXCAVATION CU YD 579 $11.50 $6,658.50 579 $6,658.50252105.507 SELECT GRANULAR BORROW (CV) (P)CU YD 5,791 $20.00 $115,820.00 5,791 $115,820.00262105.507 SELECT GRANULAR BORROW (CV) (XTRA SUBCUT)CU YD 579 $20.00 $11,580.00 579 $11,580.00272105.602 EXPLORATORY EXCAVATIONEACH 10 $600.00 $6,000.00 15 $9,000.00282111.519 TEST ROLLINGRDST 20 $60.00 $1,200.00 20 $1,200.00292112.519 SUBGRADE PREPARATIONRDST 20 $165.00 $3,300.00 20 $3,300.00302123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 50 $135.00 $6,750.00 50 $6,750.00312130.501 DUST CONTROLLUMP SUM 1 $10,000.00 $10,000.00 1 $10,000.00322211.509 AGGREGATE BASE (CV) CLASS 5TON 10,841 $17.50 $189,717.50 10,841 $189,717.50332360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C)TON 3,486 $65.00 $226,590.00 3,486 $226,590.00342360.509 TYPE SP 12.5 NONWEARING COURSE MIXTURE (3;C)TON 1,744 $65.00 $113,360.00 1,744 $113,360.00352360.509 TYPE SP 12.5 WEARING COURSE MIX (2;B)TRAIL BITTON 406 $65.00 $26,390.00 406 $26,390.00362411.603 INSTALL RETAINING WALLSQ FT 228 $60.00 $13,680.00 228 $13,680.00372501.502 15" RC PIPE APRON WITH TRASH GUARDEACH 1 $54.00 $1,600.00 1 $54.00382503.503 15" RC PIPE SEWER DES 3006 CL VLIN FT 2,602 $54.00 $140,508.00 2,602 $140,508.00392503.503 18" RC PIPE SEWER DES 3006 CL VLIN FT 8 $59.00 $472.00 8 $472.00402503.503 24" RC PIPE SEWER DES 3006 CL VLIN FT 4 $84.00 $336.00 4 $336.00412503.503 27" RC PIPE SEWER DES 3006 CL VLIN FT 334 $120.00 $40,080.00 334 $40,080.00422503.503 33" RC PIPE SEWER DES 3006 CL VLIN FT 127 $160.00 $20,320.00 127 $20,320.00432503.602 CONNECT TO EXISTING DRAINAGE STRUCTUREEACH 4 $1,200.00 $4,800.00 4 $4,800.00442506.502 CASTING ASSEMBLY R-3209-VBEACH 29 $830.00 $24,070.00 29 $24,070.00452506.502 CASTING ASSEMBLY R-1642EACH 5 $830.00 $4,150.00 5 $4,150.00462506.502 CASTING ASSEMBLY R-3382EACH 1 $830.00 $830.00 1 $830.00472506.502 CONST DRAINAGE STRUCTURE DES 2X3LIN FT 65.0 $350.00 $22,750.00 65.0 $22,750.00482506.502 CONST DRAINAGE STRUCTURE DES 48-4020LIN FT 96.2 $450.00 $43,290.00 96.2 $43,290.00492506.502 CONST DRAINAGE STRUCTURE DES 60-4020LIN FT 44.2 $590.00 $26,078.00 44.2 $26,078.00502521.518 4" CONCRETE WALKSQ FT 1,605 $5.50 $8,827.50 1,605 $8,827.50512521.518 6" CONCRETE WALKSQ FT 1,564 $10.00 $15,640.00 1,564 $15,640.00522531.503 CONCRETE CURB & GUTTER DESIGN B618LIN FT 3,823 $15.00 $57,345.00 3,823 $57,345.00532531.504 6" CONCRETE DRIVEWAY PAVEMENTSQ YD 131 $75.00 $9,825.00 131 $9,825.00542531.603 CONCRETE CURB DESIGN VLIN FT 83 $42.00 $3,486.00 83 $3,486.00552531.604 CONCRETE VALLEY GUTTERLIN FT 11 $10.50 $115.50 11 $115.50PART 1 - MSA SAP No. 168-109-019 - LEFT TURN LANELINE NO.UNITITEM NO. ITEM DESCRIPTION UNIT COSTTOTAL PROJECT QUANTITESTOTAL ESTIMATED COSTSUBTOTALPART 2 - STORM AND STREETMENARDSSIGNAL SYSTEMSANITARY SEWER WATERMAIN TRAILSTORM AND STREETSTREETMENARDS MENARDS MENARDS LOCALMSA SAP No. 168-109-019Page 1 of 2
APPLE VALLEY, MINNESOTA147TH STREET AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTSCity Project No. 2019-109SEH No. APPLE 149344Opinion of Probable CostDate: April 15, 2019Revised: 5/2/2019, 5/17/2019P:\AE\A\Apple\149344\5-final-dsgn\54-quant\[OPC 147th.xlsx]Opinion CostQUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COSTLINE NO.UNITITEM NO. ITEM DESCRIPTION UNIT COSTTOTAL PROJECT QUANTITESTOTAL ESTIMATED COSTMENARDSSIGNAL SYSTEMSANITARY SEWER WATERMAIN TRAILSTORM AND STREETSTREETMENARDS MENARDS MENARDS LOCALMSA SAP No. 168-109-019562531.618 TRUNCATED DOMESSQ FT 230 $49.00 $11,270.00 230 $11,270.00572563.601 TRAFFIC CONTROLLUMP SUM 1 $23,000.00 $23,000.00 1 $23,000.00582564.518 SIGN PANELS TYPE CSQ FT 45 $35.00 $1,575.00 45 $1,575.00592564.602 INSTALL SALVAGED SIGNSEACH 15 $75.00 $1,125.00 15 $1,125.00602573.502 STORM DRAIN INLET PROTECTIONEACH 36 $85.00 $3,060.00 36 $3,060.00612573.503 SEDEMENT CONTROL LOG TYPE COMPOSTLIN FT 440 $3.50 $1,540.00 440 $1,540.00622574.507 COMMON TOPSOIL BORROWCU YD 2,753 $31.00 $85,343.00 2,753 $85,343.00632574.508 FERTILIZER TYPE 3POUND 1,005 $1.00 $1,005.00 1,005 $1,005.00642575.504 SODDING TYPE LAWNSQ YD 6,112 $5.50 $33,616.00 6,112 $33,616.00652575.504 EROSION CONTROL BLANKETS CATEGORY 3NSQ YD 10,406 $2.00 $20,812.00 10,406 $20,812.00662575.505 SEEDINGACRE 2 $375.00 $806.25 2 $806.25672575.508 SEED MIXTURE 25-131POUND 472 $18.00 $8,496.00 472 $8,496.00682575.601 EROSION CONTROLLUMP SUM 1 $23,000.00 $23,000.00 1 $23,000.00692582.503 4" BROKEN LINE MULTI COMPLIN FT 782 $0.50 $391.00 782 $391.00702582.503 4" SOLID LINE MULTI COMPLIN FT 613 $0.50 $306.50 613 $306.50712582.503 4" DOUBLE LINE MULTI COMPLIN FT 2,110 $1.00 $2,110.00 2,110 $2,110.00722582.503 12" SOLID LINE MULTI COMPLIN FT 665 $4.00 $2,660.00 665 $2,660.00732582.503 24" SOLID LINE MULTI COMPLIN FT 372 $8.00 $2,976.00 372 $2,976.00742582.518 PAVT MSSG MULTI COMPSQ FT 109 $4.00 $436.00 109 $436.00$1,984,782.75752503.602 CONNECT TO EXISTING SANITARY SEWEREACH 1 $10,000.00 $10,000.001 $10,000.00762503.602 10"x4" PVC WYEEACH 1 $450.00 $450.001 $450.00772503.603 4" PVC PIPE SEWER SCH 40LIN FT 24 $35.00 $840.0024 $840.00782503.603 10" PVC PIPE SEWER (SDR 26)LIN FT 381 $85.00 $32,385.00381 $32,385.00792506.502 CASTING ASSEMBLY R-1642EACH 1 $830.00 $830.001 $830.00802506.603 48" SANITARY MANHOLELIN FT 12 $650.00 $7,865.0012 $7,865.00$52,370.00812503.608 DUCTILE IRON FITTINGSPOUND 404 $10.00 $4,040.00404 $4,040.00822504.602 CONNECT TO EXISTING WATER MAINEACH 2 $1,800.00 $3,600.002 $3,600.00832504.602 16" BUTTERFLY VALVE & BOXEACH 2 $5,000.00 $10,000.002 $10,000.00842504.603 16" WATERMAIN DUCTILE IRON CL 52LIN FT 60 $150.00 $9,000.0060 $9,000.00$26,640.00852011.601 AS BUILTLUMP SUM 1 $3,000.00 $3,000.001 $3,000.00862565.501 EMERGENCY VEHICLE PREEMPTION SYSTEMLUMP SUM 1 $9,200.00 $9,200.001 $9,200.00872565.501 TRAFFIC CONTROL INTERCONNECTLUMP SUM 1 $78,000.00 $78,000.001 $78,000.00882565.516 TRAFFIC CONTROL SIGNAL SYSTEMSYSTEM 1 $192,000.00 $192,000.001 $192,000.00$282,200.00912105.507 COMMON EXCAVATION (P)CU YD 114 $17.00 $1,938.00114 $1,938.00922211.509 AGGREGATE BASE (CV) CLASS 5TON 150 $17.50 $2,625.00150 $2,625.00932360.509 TYPE SP 12.5 WEARING COURSE MIX (2;B)TRAIL BITTON 83 $65.00 $5,395.0083 $5,395.00$5,395.00PART 1 - MSA SAP No. 168-109-019 - LEFT TURN LANEPART 2 - STORM AND STREETPART 3 - SANITARY SEWERPART 4 - WATERMAINPART 5 - SIGNAL SYSTEMPART 6 - TRAILPROJECT TOTALTOTAL PROJECT COST$2,622,361.78TOTAL ESTIAMTED CONSTRUCTION COSTESTIAMTED CONSTRUCTION COST WITH 10% CONTENGENCY25% ENGINEERING, ADMIN , AND LEGAL COST$8,958.81$545,815.26$14,401.75$7,326.00$77,605.00$1,483.63$655,590.44$32,577.50$1,984,782.75$52,370.00$26,640.00$282,200.00$5,395.00$2,383,965.25$35,835.25$2,183,261.03$57,607.00$29,304.00$310,420.00$5,934.50$44,794.06$2,729,076.28$72,008.75$36,630.00$388,025.00$7,418.13$3,277,952.22PART 3 - SANITARY SEWERSUBTOTALSUBTOTALPART 4 - WATERMAINSUBTOTAL$0.00 $0.00 $0.00$0.00$0.00$0.00$52,370.00$0.00$0.00$0.00 $0.00$0.00 $1,986,236.75 $0.00$0.00 $26,640.00 $0.00 $0.00$0.00$282,200.00$0.00$0.00PART 5 - SIGNAL SYSTEMSUBTOTAL$0.00 $0.00 $5,395.00$0.00$0.00$0.00 $0.00 $0.00PART 6 - TRAILSUBTOTALPage 2 of 2
APPLE VALLEY, MINNESOTA
COUNTRY ROAD 42 AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTS
City Project No. 2019-108
SEH No. APPLE 149342
Opinion of Probable Cost
Date:
Revised:
P:\AE\A\Apple\149342\5-final-dsgn\54-quant\[OPC CR 42.xlsx]Opinion Cost
1 2021.501 MOBILIZATION LS 1 $160,000.00 $160,000.00
2 B 2104.502 REMOVE MANHOLE EACH 4 $699.00 $2,796.00
3 B 2104.502 REMOVE CASTING EACH 5 $89.20 $446.00
4 B 2104.502 REMOVE DRAINAGE STRUCTURE EACH 4 $434.00 $1,736.00
5 2104.502 SALVAGE SIGN EACH 20 $56.95 $1,139.00
6 B 2104.503 SAWING BITUMINOUS PAVEMENT L F 985 $3.65 $3,595.25
7 B 2104.503 REMOVE CURB & GUTTER L F 3,513 $2.35 $8,255.55
8 B 2104.503 REMOVE SEWER PIPE (STORM)L F 200 $14.60 $2,920.00
9 B 2104.504 REMOVE BITUMINOUS PAVEMENT S Y 9,268 $4.60 $42,632.80
10 B 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT S Y 229 $14.95 $3,423.55
11 B 2104.518 REMOVE CONCRETE WALK S F 261 $1.00 $261.00
12 B 2104.518 REMOVE BITUMINOUS WALK S F 5,298 $2.40 $12,715.20
13 M 2105.504 GEOTEXTILE FABRIC TYPE 5 S Y 12,260 $1.35 $16,551.00
14 D 2105.507 COMMON EXCAVATION (P)C Y 24,150 $17.75 $428,662.50
15 D 2105.507 SUBGRADE EXCAVATION C Y 338 $11.45 $3,870.10
16 D 2105.507 SELECT GRANULAR BORROW (CV) (P)C Y 4,658 $19.80 $92,228.40
17 D 2105.507 SELECT GRANULAR BORROW (CV) (XTRA SUBCUT)C Y 370 $19.80 $7,326.00
18 2105.602 EXPLORATORY EXCAVATION EACH 10 $606.00 $6,060.00
19 2111.519 TEST ROLLING RDST 15 $58.60 $879.00
20 2112.519 SUBGRADE PREPARATION RDST 5 $163.25 $816.25
21 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 25 $135.00 $3,375.00
22 2130.501 DUST CONTROL LS 1 $5,000.00 $5,000.00
23 D 2211.509 AGGREGATE BASE (CV) CLASS 5 TON 9,511 $17.50 $166,442.50
24 E 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C)TON 2,718 $65.00 $176,670.00
25 E 2360.509 TYPE SP 12.5 NONWEARING COURSE MIXTURE (3;C)TON 1,403 $75.00 $105,225.00
26 E 2360.501 TYPE SP 12.5 WEARING COURSE MIX (2;B)TRAIL BIT TON 352 $75.00 $26,400.00
27 2503.503 15" RC PIPE SEWER DES 3006 CL V L F 550 $46.10 $25,355.00
28 2503.503 18" RC PIPE SEWER DES 3006 CL V L F 200 $84.25 $16,850.00
29 2503.503 24" RC PIPE SEWER DES 3006 CL V L F 75 $80.10 $6,007.50
30 2503.503 27" RC PIPE SEWER DES 3006 CL V L F 75 $131.80 $9,885.00
31 2503.503 33" RC PIPE SEWER DES 3006 CL V L F 25 $163.65 $4,091.25
32 2506.502 CASTING ASSEMBLY R-1733 EACH 6 $1,131.45 $6,788.70
33 2506.502 CASTING ASSEMBLY R-3067-V EACH 16 $693.90 $11,102.40
34 2505.503 CONST DRAINAGE STRUCTURE DES 2X3 L F 64 $345.50 $22,112.00
35 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 L F 80 $441.25 $35,300.00
36 H 2521.518 4" CONCRETE WALK S F 8,207 $5.00 $41,035.00
37 H 2521.518 6" CONCRETE WALK S F 1,451 $10.00 $14,510.00
38 H 2531.503 CONCRETE CURB & GUTTER DESIGN B618 L F 6,275 $15.00 $94,125.00
39 H 2531.603 CONCRETE CURB & GUTTER DESIGN B L F 214 $20.00 $4,280.00
40 H 2531.603 CONCRETE CURB & GUTTER DESIGN S518 L F 302 $20.00 $6,040.00
41 H 2531.603 CONCRETE CURB & GUTTER DESIGN V L F 200 $41.70 $8,340.00
42 H 2531.618 TRUNCATED DOMES S F 288 $48.75 $14,040.00
43 2563.601 TRAFFIC CONTROL LS 1 $50,000.00 $50,000.00
44 2564.602 INSTALL SALVAGED SIGNS EACH 20 $71.70 $1,434.00
45 2574.507 COMMON TOPSOIL BORROW C Y 3,500 $30.25 $105,875.00
46 2575.504 SODDING TYPE LAWN S Y 4,500 $5.45 $24,525.00
47 2575.601 EROSION CONTROL LS 1 $50,000.00 $50,000.00
48 K 2582.503 4" BROKEN LINE MULTI COMP L F 281 $0.40 $112.40
49 K 2582.503 4" SOLID LINE MULTI COMP L F 4,004 $0.40 $1,601.60
50 K 2582.503 24" SOLID LINE MULTI COMP L F 800 $7.90 $6,320.00
51 K 2582.518 CROSSWALK MULTI COMP S F 2,560 $4.00 $10,240.00
52 LANDSCAPING BMPS LS 1 $100,000.00 $100,000.00
53 2011.601 AS BUILT LS 1 $3,000.00 $3,000.00
54 2565.501 EMERGENCY VEHICLE PREEMPTION SYSTEM LS 1 $10,000.00 $10,000.00
55 2565.501 TRAFFIC CONTROL INTERCONNECT LS 1 $48,000.00 $48,000.00
LINE
NO. TAB
ITEM
NO.ITEM DESCRIPTION UNIT
May 2, 2019
PROJECT
QUANTITES UNIT COST
ESTIMATED
COST
PART 1 - JCRR
Page 1 of 2
APPLE VALLEY, MINNESOTA
COUNTRY ROAD 42 AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTS
City Project No. 2019-108
SEH No. APPLE 149342
Opinion of Probable Cost
Date:
Revised:
P:\AE\A\Apple\149342\5-final-dsgn\54-quant\[OPC CR 42.xlsx]Opinion Cost
LINE
NO. TAB
ITEM
NO.ITEM DESCRIPTION UNIT
May 2, 2019
PROJECT
QUANTITES UNIT COST
ESTIMATED
COST
56 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM SYSTEM 1 $360,000.00 $360,000.00
$2,370,395.95
57 B 2104.503 SAWING BITUMINOUS PAVEMENT L F 124 $3.65 $452.60
58 B 2104.503 REMOVE CURB & GUTTER L F 581 $2.35 $1,365.35
59 B 2104.504 REMOVE BITUMINOUS PAVEMENT S Y 277 $4.60 $1,274.20
60 M 2105.504 GEOTEXTILE FABRIC TYPE 5 S Y 889 $1.35 $1,200.15
61 D 2105.507 COMMON EXCAVATION (P)C Y 1,036 $17.75 $18,389.00
62 D 2105.507 SUBGRADE EXCAVATION C Y 27 $11.45 $309.15
63 D 2105.507 SELECT GRANULAR BORROW (CV) (P)C Y 336 $19.80 $6,652.80
64 D 2105.507 SELECT GRANULAR BORROW (CV) (XTRA SUBCUT)C Y 27 $19.80 $534.60
65 D 2211.509 AGGREGATE BASE (CV) CLASS 5 TON 626 $17.50 $10,955.00
66 E 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C)TON 198 $65.00 $12,870.00
67 E 2360.509 TYPE SP 12.5 NONWEARING COURSE MIXTURE (3;C)TON 99 $75.00 $7,425.00
68 2503.503 15" RC PIPE SEWER DES 3006 CL V L F 50 $46.10 $2,305.00
69 2506.502 CASTING ASSEMBLY R-1733 EACH 2 $1,131.45 $2,262.90
70 2505.503 CONST DRAINAGE STRUCTURE DES 2X3 L F 10 $345.50 $3,455.00
71 H 2531.503 CONCRETE CURB & GUTTER DESIGN B618 L F 607 $15.00 $9,105.00
72 2574.507 COMMON TOPSOIL BORROW C Y 45 $30.25 $1,361.25
73 2575.504 SODDING TYPE LAWN S Y 270 $5.45 $1,471.50
74 K 2582.503 4" SOLID LINE MULTI COMP L F 300 $0.40 $120.00
$81,508.50
75 M 2105.504 GEOTEXTILE FABRIC TYPE 5 S Y 348 $1.35 $469.80
76 D 2105.507 COMMON EXCAVATION (P)C Y 435 $17.75 $7,721.25
77 D 2105.507 SUBGRADE EXCAVATION C Y 44 $11.45 $503.80
78 D 2105.507 SELECT GRANULAR BORROW (CV) (P)C Y 116 $19.80 $2,296.80
79 D 2105.507 SELECT GRANULAR BORROW (CV) (XTRA SUBCUT)C Y 12 $19.80 $237.60
80 D 2211.509 AGGREGATE BASE (CV) CLASS 5 TON 289 $17.50 $5,057.50
81 E 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C)TON 85 $65.00 $5,525.00
82 E 2360.509 TYPE SP 12.5 NONWEARING COURSE MIXTURE (3;C)TON 43 $75.00 $3,225.00
83 K 2582.503 4" SOLID LINE MULTI COMP L F 245 $0.40 $98.00
$25,134.75
$2,370,395.95
$355,559.39
$2,725,955.34
$681,488.84
$3,407,444.18
$81,508.50
$12,226.28
$93,734.78
$23,433.69
$117,168.47
$25,134.75
$3,770.21
$28,904.96
$7,226.24
$36,131.20
TOTAL ESTIMATED CONSTRUCTION COST
15% CONTINGENCY
SUBTOTAL COST - PART 1
25% ENGINEERING, ADMIN AND LEGAL
TOTAL CONSTRUCTION COST
PART 2 - MENARDS RIGHT TURN LANE
TOTAL PART 1 - JCRR
TOTAL PART 2 - MENARDS RIGHT TURN LANE
OPINION OF PROBABLE COST - PART 1
PART 3 - CITY LEFT TURN LANE
TOTAL PART 3 - CITY LEFT TURN LANE
OPINION OF PROBABLE COST - PART 3
TOTAL ESTIMATED CONSTRUCTION COST
15% CONTINGENCY
SUBTOTAL COST - PART 1
25% ENGINEERING, ADMIN AND LEGAL
TOTAL CONSTRUCTION COST
TOTAL CONSTRUCTION COST
OPINION OF PROBABLE COST - PART 2
TOTAL ESTIMATED CONSTRUCTION COST
15% CONTINGENCY
SUBTOTAL COST - PART 1
25% ENGINEERING, ADMIN AND LEGAL
Page 2 of 2
Sustainable buildings, sound infrastructure, safe transportation systems, clean water,
renewable energy and a balanced environment. Building a Better World for All of Us communicates
a companywide commitment to act in the best interests of our clients and the world around us.
We’re confident in our ability to balance these requirements.
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION APPROVING FEASIBILITY REPORT FOR CONSTRUCTION OF
PUBLIC INFRASTRUCTURE RELATING TO THE PROPOSED MENARDS AT
HANSON CONCRETE REDEVELOPMENT
WHEREAS, pursuant to Chapter 429 of Minnesota State Statute for assessments of public
improvements; and;
WHEREAS, the Apple Valley City Council has reviewed the Feasibility Report for
Construction of Public Infrastructure relating to the Proposed Menards at Hanson Concrete
Redevelopment; and
WHEREAS, the Feasibility Report recommended improvements and cost allocations
provided are needed to accommodate the increased traffic being generated by the redevelopment of
Hanson Concrete site by Menards, Inc.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
1. Approve the findings in the Feasibility Report for the Construction of Public
Infrastructure relating to the Proposed Menards at Hanson Concrete Redevelopment.
ADOPTED this 25th day of July, 2019.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution A ccepting Easements for Project 2019-109, 147th Street and J ohnny Cake
Ridge Road I ntersection I mprovements
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Adopt resolution accepting easements for Project 2019-109, 147th Street and J ohnny Cake
Ridge Road Intersection Improvements.
S UM M ARY:
In order for the project to occur, it was necessary to obtain a permanent sidewalk and trail
easement from one (1) impacted property at the SE corner of 147th Street and J ohnny Cake
Ridge Road.
B AC K G RO UND:
In 2017, the C ity received a $250,000 Redevelopment Incentive Grant (RIG) from the
Dakota C ounty C ommunity Development Agency (C D A), which will be used for the 147th
Street and J ohnny C ake Ridge Road intersection improvements associated with the
agreement. T he grant agreement requires that the funds be spent by November 2019.
At the November 15, 2018, C ity C ouncil approved the following items as they relate to the
redevelopment of the Hanson Property:
1. Approve Preliminary Plan Development Agreement with Menards, Inc.
2. Approve Design Agreement with Menards, Inc., for Design Services of Public
Infrastructure
3. Adopt Resolution Approving Re-designation of Lot 1, Block 1, Menards at Hanson
Concrete Preliminary Plat from “IN D” (Industrial) to “C ” (Commercial) on 2030
Comprehensive Plan Land Use Map
4. Pass Ordinance Rezoning Lots 1 and 2, Block 1, and O utlots A-D, Menards at Hanson
Concrete, Preliminary Plat from “I-2” (General Industrial) to “PD ” (Planned
Development)
5. Pass Planned Development Ordinance C odifying the Uses, Performance Standards, and
Area Requirements for the Planned Development (Recommend waiving second
reading)
6. Adopt Resolution Approving Preliminary Plat
7. Adopt Resolution Approving Site Plan/Building Permit A uthorization to Allow for
Construction of 206,209-Sq. Ft. Menards Store and 48,970-Sq. Ft. Warehouse on Lot
1, Block 1, Menards at Hanson Concrete
On May 9, 2019, C ity C ouncil Approved Waiver of Objection to Special Assessments with
Menards, Inc. for C onstruction of Public Infrastructure Relating to the Proposed Menards at
Hanson Concrete Redevelopment
On May 9, 2019, City C ouncil Approved Advance Purchase of Traffic Signal C ontroller
Cabinet and C ontroller Unit in the amount of $26,945.90 from Traffic C ontrol Corporation,
contingent on execution of Waiver of Objection to Special Assessments with Menards, Inc.,
for construction of public infrastructure relating to the proposed Menards at Hanson C oncrete
Redevelopment Public Improvements, C ity Project Number 2019-109.
On May 9, 2019, City C ouncil Approved Advance Purchase of Traffic Signal System
Materials and Electrical Equipment in the amount of $63,441.00 from Millerbend
Manufacturing, contingent on execution of Waiver of Objection to Special Assessments with
Menards, Inc., for construction of public infrastructure relating to the proposed Menards at
Hanson Concrete
Redevelopment Public Improvements, C ity Project Number 2019-109.
On J une 13, 2019, C ity C ouncil adopted resolution 2019-79, Approving Plans and
Specifications and Directing Receipt of sealed bids for Project 2019-109, 147th Street and
J ohnny Cake Ridge Road Intersection Improvements.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Agreement
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION ACCEPTING EASEMENTS FOR CITY PROJECT 2019-109,
147TH STREET AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTS
WHEREAS, in order to construct the improvements it was necessary to acquire temporary
easements AND Trail Easements from residents; and
WHEREAS, the City Council believes it to be in the best interest of the City to accept the
permanent easement necessary for construction and perpetual existence of the improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. The City of Apple Valley has accepted a permanent sidewalk and trail easement dated
July 16, 2019, from Uponor NA Asset Leasing, Inc., consisting of an area of 40 sf, in
consideration of the sum of One Dollar ($1.00).
2. No other goods or services were provided by the City of Apple Valley in consideration
of said easements.
ADOPTED this 25th day of July, 2019.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A dopt Resolution Awarding A greement for P roject 2019-109, 147th S treet and J ohnny Cake
Ridge Road I ntersection I mprovements
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
B uilding I nspections Division
AC T I O N RE Q UE S T E D:
Adopt resolution awarding agreement for Project 2019-109, 147th Street and J ohnny Cake
Ridge Road Intersection Improvements, to Ryan Contracting C ompany, in the amount
$2,590,023.00.
S UM M ARY:
On J uly 9, 2019, three (3) bids were received for the 147th Street and J ohnny C ake Ridge
Road Intersection Improvements project as described within the attached bid tabulation. Base
Bids ranged from $2,590,023.00 to $2,926,819.00. Ryan Contracting Company, submitted the
low bid in the amount of $2,590,023.00. T he low bid was $170,730.00 over the Engineers
estimate of $2,419,293.00.
T he 147th Street and J ohnny C ake Ridge Road (J C RR) intersection work is being
constructed in 2019 as part of a phased public improvements project associated with J C RR
from C ounty Road 42 (C R 42) to 147th Street. All of this work is associated with the
redevelopment of the former Hanson Property (Menards). T he second phase of construction
is planned for 2020 construction and consists of a roundabout at 149th Street and J C RR, and
intersection improvements at C R 42. A map of the proposed project area is attached (Figure:
1).
A standard City agreement will be utilized for this project.
B AC K G RO UND:
In 2017, the C ity received a $250,000 Redevelopment Incentive Grant (RIG) from the
Dakota C ounty C ommunity Development Agency (C D A), which will be used for the 147th
Street and J ohnny C ake Ridge Road intersection improvements associated with the
agreement. T he grant agreement requires that the funds be spent by November 2019.
At the November 15, 2018, C ity C ouncil meeting the following items were approved as they
relate to the redevelopment of the Hanson Property:
1. Approve Preliminary Plan Development Agreement with Menards, Inc.
2. Approve Design Agreement with Menards, Inc., for Design Services of Public
Infrastructure
3. Adopt Resolution Approving Re-designation of Lot 1, Block 1, Menards at Hanson
Concrete Preliminary Plat from “IN D” (Industrial) to “C ” (Commercial) on 2030
Comprehensive Plan Land Use Map
4. Pass Ordinance Rezoning Lots 1 and 2, Block 1, and O utlots A-D, Menards at Hanson
Concrete, Preliminary Plat from “I-2” (General Industrial) to “PD ” (Planned
Development)
5. Pass Planned Development Ordinance C odifying the Uses, Performance Standards, and
Area Requirements for the Planned Development (Recommend waiving second
reading)
6. Adopt Resolution Approving Preliminary Plat
7. Adopt Resolution Approving Site Plan/Building Permit A uthorization to Allow for
Construction of 206,209-Sq. Ft. Menards Store and 48,970-Sq. Ft. Warehouse on Lot
1, Block 1, Menards at Hanson Concrete
On May 9, 2019, C ity C ouncil Approved Waiver of Objection to Special Assessments with
Menards, Inc. for C onstruction of Public Infrastructure Relating to the Proposed Menards at
Hanson Concrete Redevelopment
On May 9, 2019, City C ouncil Approved Advance Purchase of Traffic Signal C ontroller
Cabinet and C ontroller Unit in the amount of $26,945.90 from Traffic C ontrol Corporation,
contingent on execution of Waiver of Objection to Special Assessments with Menards, Inc.,
for construction of public infrastructure relating to the proposed Menards at Hanson C oncrete
Redevelopment Public Improvements, C ity Project Number 2019-109.
On May 9, 2019, City C ouncil Approved Advance Purchase of Traffic Signal System
Materials and Electrical Equipment in the amount of $63,441.00 from Millerbend
Manufacturing, contingent on execution of Waiver of Objection to Special Assessments with
Menards, Inc., for construction of public infrastructure relating to the proposed Menards at
Hanson Concrete
Redevelopment Public Improvements, C ity Project Number 2019-109.
On J une 13, 2019, C ity C ouncil adopted resolution 2019-79, Approving Plans and
Specifications and Directing Receipt of sealed bids for Project 2019-109, 147th Street and
J ohnny Cake Ridge Road Intersection Improvements.
B UD G E T I M PAC T:
Project costs and funding included in the adopted 2019 operating budget are summarized as
follows:
Estimated Project C osts: Estimated Awarded Costs
C onstruction Cost $ 2,419,293.00 $ 2,590,023.00
C onstruction Contingency (10%)241,929.00 259,002.30
Engineering Design, C ontract Admin
(25%)
671,278.00 647,505.75
Total Estimated C ost $ 3,332,500.00 $ 3,496,531.05
Estimated Project Funding
Developer (Menard’s)$ 3,014,800.00 $ 3,145,677.95
Trail Escrow (Abdallah Candies)16,000.00 16,000.00
C ommunity Development Agency Grant
(C D A)
250,000.00 250,000.00
C ity Cost - Turn Lane on J C RR North
of 147th Street (Municipal State Aid
Funds)
51,700.00 84,853.10
Total Estimated Funding $ 3,332,500.00 $ 3,496,531.05
AT TAC HM E NT S :
Map
Resolution
Bid / Quote Tabulation
2..
City of Apple Valley
Figure 1
160th Street (Co. Rd 46)Pilot Knob Rd140th Street
McAndrews Rd
Garden View DriveCedar Ave150th Street (Co. Rd 42)Interstate 35EFEETSCALE
0 1500 3000
N
CITY HALL
2019-109 147th STREET &
JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTS
PROJECT LOCATION
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2019-109
147TH STREET AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for improvements identified as Project
2019-109, 147th Street and Johnny Cake Ridge Road Intersection Improvements, bids were
received, opened and tabulated according to law and the following bids were received complying
with the advertisement: (Tabulation attached as Exhibit A), and;
WHEREAS, it appears Ryan Contracting Company, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a
contract with Ryan Contracting Company, for its base bid in the amount of $2,590,023.00 for the
completion of Project 2019-109 according to the plans and specifications heretofore approved by
the Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the deposits
made with their bids, except that the deposits of the successful bidder and the next lowest bidder
shall be retained until a contract has been signed.
ADOPTED this 25th day of July, 2019.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
••• ••••••••• •••••••
147th Street and Johnny Cake Ridge Road
Project Name : Intersection lmprovments
City Proj ect No.:_2_0_19_-_10_9 ____________ _
I hereby certify that this Is an exact
reproduction of bids received.
Apf:?lell Va ey
Bid Opening : Tuesday, July 9, 2019 , at 10:00 A.M., C.S .T. Owner: City of Apple Valley
Registration No . 43332
Bidder No .1 Bidder No. 2 Bidder No. 3
BID TABU LATION Ryan Contracting Meyer Contracting Inc McNamara Contracting Inc
No. Item Unit Est. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price
PART 1 -MSA SAP NO 186-103-018-LEFT TURN LANE
1 COMMON EXCAVATION (P) CUYD 144 $ 25 .00 $ 3,600 .00 $ 24 .40 $ 3,513 .60 $ 50.00 $ 7,200 .00
2 SELECT GRANULAR BORROW (CV) (P) CUYD 188 $ 20 .00 $ 3,760 .00 $ 23 .31 $ 4,382 .28 $ 50 .00 $ 9,400 .00
3 AGGREGATE BASE (CV) CLASS 5 TON 242 $ 15.00 $ 3,630 .00 $ 34 .33 $ 8,307 .86 $ 50 .00 $ 12,100.00
4 TYPE SP 12 .5 WEARING COURSE MIX (3 ;F) TON 53 $ 125 .00 $ 6,625 .00 $ 144.69 $ 7,668 .57 $ 125 .00 $ 6,625 .00
5 TYPE SP 12.5 NONWEARING COURSE MIXTURE (3 ;F) TON 26 $ 125.00 $ 3,250 .00 $ 144.69 $ 3,761 .94 $ 125.00 $ 3,250 .00
6 5" CONCRETE WALK SQ FT 2669 $ 7.00 $ 18,683 .00 $ 12.81 $ 34,189 .89 $ 7.00 $ 18,683 .00
7 CONCRETE CURB & GUTTER DESIGN 6618 LIN FT 846 $ 18.00 $ 15,228 .00 $ 41 .67 $ 35,252 .82 $ 17 .00 $ 14,382 .00
8 4" SOLID LINE MUL Tl COMP LIN FT 146 $ 1.00 $ 146.00 $ 0.87 $ 127.02 $ 1.00 $ 146.00
9 12" SOLID LINE MUL Tl COMP LIN FT 23 $ 5.00 $ 115.00 $ 5.56 $ 127.88 $ 5.00 $ 115 .00
10 24 " SOLID LINE MULTI COMP LIN FT 12 $ 8.00 $ 96 .00 $ 8.91 $ 106.92 $ 8.00 $ 96 .00
Page 1
EE Est imate
Unit Price Total Price
$17 .00 $2,448 .00
$20 .00 $3 ,760.00
$17 .50 $4 ,235 .00
$65.00 $3 ,445 .00
$65.00 $1 ,690.00
$7 .80 $20,818 .20
$15 .00 $12,690.00
$2 .00 $292 .00
$4 .00 $92 .00
-
$8 .00 $96 .00
EXHIBIT A
No.
11
12
13
14
15
1 6
17
18
19
20
21
22
23
Item
TOTAL PART 1 -MSA SAP NO 186-103-018-LEFT TURN
LANE
PART 2 -STORM AND STREET
MOBILIZATION
REMOVE MANHOLE
REMOVE CAST ING
REMOVE DRAINAGE STRUCTURE
SALVAGE SIGN
REMOVE SIG N
REMOVE CURB & GUTTER
REMOVE SEWER PIPE (STORM)
REMOVE BITUMINOUS PAVEMENT
RE MOVE CONCR ETE WALK
REMOVE BITUMIN OUS WALK
COMMON EXCAVATIO N (P)
SUBGRADE EXCAVATIO N
Unit
LUMP
SUM
EACH
EACH
EACH
EACH
EACH
LIN FT
LIN FT
SQYD
SQ FT
SQYD
CUYD
CUYD
Est . Quantity Unit Price Total Price
$ SS,133.00
$ 120,000.00 $ 120,000.00 $
3 $ 800 .00 $ 2,400 .00 $
9 $ 100.00 $ 900.00 $
6 $ 800.00 $ 4,800.00 $
15 $ 100.00 $ 1,500.00 $
20 $ 100.00 $ 2,000.00 $
4613 $ 4 .00 $ 18,452.00 $
863 $ 12 .00 $ 10,356.00 $
12372 $ 5 .00 $ 61 ,860.00 $
1635 $ 12.00 $ 19,620.00 $
1505 $ 10.00 $ 15,050.00 $
21777 $ 25 .00 $ 544,425 .00 $
574 $ 25 .00 $ 14,350.00 $
Pa ge 2
Unit Price Total Price Unit Price Total Pr ice Unit Price Total Price
$ 97,438.78 $ 71,997 .00 $49,S66 .20
133,087.46 $ 133,087.46 $ 145,000 .00 $ 145,000.00 150000 $150,000.00
444.32 $ 1,332 .96 $ 800 .00 $ 2,400.00 700 $2 ,100.00
90.99 $ 818 .91 $ 100.00 $ 900.00 90 $810.00
444 .33 $ 2,665 .98 $ 800.00 $ 4,800.00 434 $2 ,604 .00
34 .72 $ 520.80 $ 35 .00 $ 525 .00 48 $720.00
34 .72 $ 694.40 $ 35 .00 $ 700.00 22 $440.00
1.90 $ 8,764.70 $ 5.00 $ 23 ,065 .00 2.5 $11 ,532 .50
15.55 $ 13,419.65 $ 16.00 $ 13,808 .00 14 $12,082.00
3 .01 $ 37,239 .72 $ 7 .00 $ 86,604.00 2 $24,744 .00
0 .70 $ 1,144.50 $ 3 .00 $ 4 ,905.00 1 $1,635.00
3.44 $ 5,177.20 $ 4 .00 $ 6,020.00 2.5 $3,762.50
8 .70 $ 189,459.90 $ 22.00 $ 479,094 .00 17 $370,209 .00
5.55 $ 3,185 .70 $ 20 .00 $ 11,480.00 11 .5 $6,601.00
No. Item Unit Est. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
24 SELECT GRANULAR BORROW (CV) (P) CUYD 5744 $ 20.00 $ 114,880.00 $ 19.86 $ 114,075 .84 $ 26 .00 $ 149,344 .00 20 $114,880 .00
25 SELECT GRANULAR BORROW (CV) (XTRA SUBCUT) CUYD 574 $ 20.00 $ 11,480.00 $ 13.81 $ 7,926.94 $ 26 .00 $ 14,924 .00 20 $11,480 .00
26 TEST ROLLING ROST 20 $ 100.00 $ 2,000.00 $ 126.21 $ 2,524 .20 $ 100.00 $ 2,000 .00 60 $1 ,200 .00
27 SUBGRADE PREPARATION ROST 20 $ 500.00 $ 10,000.00 $ 901.25 $ 18,025.00 $' 1,500 .00 $ 30,000.00 165 $3 ,300 .00
28 AGGREGATE BASE (CV) CLASS 5 TON 10694 $ 15 .00 $ 160,410.00 $ 25 .36 $ 271,199.84 $ 20 .00 $ 213,880 .00 17.5 $187 ,145 .00
29 TYPE SP 12.5 WEARING COURSE MIX (3;F) TON 3486 $ 68 .00 $ 237,048.00 $ 78 .71 $ 274,383 .06 $ 68 .00 $ 237,048.00 65 $226,590.00
30 TYPE SP 12 .5 NONWEARING COURSE MIXTURE (3;F) TON 1744 $ 68 .00 $ 118,592 .00 $ 78 .71 $ 137,270.24 $ 68.00 $ 118,592 .00 65 $113,360.00
31 TYPE SP 9.5 WEARING COURSE MIX (2 ;B)TRAIL BIT TON 406 $ 80 .00 $ 32,480.00 $ 92 .60 $ 37,595.60 $ 80.00 $ 32,480 .00 65 $26 ,390.00
32 INSTALL RETAINING WALL SQ FT 304 $ 60 .00 $ 18,240.00 $ 61.24 $ 18,616.96 $ 80.00 $ 24 ,320 .00 60 $18,240.00
33 24" RC PIPE APRON WITH TRASH GUARD EACH $ 4,000.00 $ 4,000.00 $ 2,089 .79 $ 2,089 .79 $ 3,200 .00 $ 3,200 .00 2100 $2,100.00
34 6" PERF PE PIPE DRAIN LIN FT 2522 $ 10.00 $ 25,220 .00 $ 12 .88 $ 32 ,483 .36 $ 14 .00 $ 35 ,308 .00 12 $30,264 .00
35 6" PVC PIPE DRAIN CLEANOUT EACH 2 $ 500.00 $ 1,000.00 $ 500.03 $ 1,000.06 $ 350.00 s 700 .00 325 $650.00
36 CONNECT 6" PVC OR PERF TO STORM SEWER EACH 27 s 200.00 s 5,400 .00 s 252.48 s 6,816 .96 s 275 .00 s 7,425 .00 175 $4,725 .00
37 15" RC PIPE SEWER DES 3006 CL V LIN FT 2115 $ 52 .00 s 109,980.00 $ 63 .87 s 135,085.05 s 60.00 s 126,900.00 54 $114,210 .00
38 18" RC PIPE SEWER DES 3006 CL V LIN FT 8 s 69 .00 s 552 .00 $ 68 .63 s 549 .04 s 70 .00 s 560 .00 59 $472.00
39 24" RC PIPE SEWER DES 3006 CL Ill LIN FT 491 $ 70 .00 s 34,370 .00 $ 80.45 s 39,500 .95 s 80.00 s 39 ,280 .00 84 $41 ,244.00
Pa ge 3
No . Item Unit Est . Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
40 27" RC PIPE SEWER DES 3006 CL Ill LIN FT 334 $ 85 .00 $ 28 ,390 .00 $ 101 .12 $ 33 ,774 .08 $ 99 .00 $ 33 ,066 .00 120 $40,080.00
41 33" RC PIPE SEWER DES 3006 CL Ill LIN FT 127 $ 115.00 $ 14 ,605 .00 $ 150.47 $ 19,109.69 $ 115 .00 $ 14,605 .00 160 $20,320 .00
42 CONNECT TO EXISTING DRAINAGE STRUCTURE EACH 4 $ 1,500.00 $ 6,000 .00 $ 1,039 .62 $ 4,158.48 $ 2,500 .00 $ 10,000 .00 1200 $4,800.00
43 CASTING ASSEMBLY R-3209-VB EACH 29 $ 800.00 $ 23 ,200.00 $ 1,064 .61 $ 30,873 .69 $ 1,000 .00 $ 29 ,000.00 830 $24,070 .00
44 CASTING ASSEMBLY R-1642 EACH 5 $ 600 .00 $ 3,000 .00 $ 906.49 $ 4,532.45 $ 1,000.00 $ 5,000 .00 830 $4 ,150.00
45 CASTING ASSEMBLY R-3382 EACH $ 800 .00 $ 800 .00 $ 1,661.76 $ 1,661.76 $ 2,000.00 $ 2,000 .00 830 $830 .00
46 CONST DRAINAGE STRUCTURE DES 2X3 LIN FT 65 $ 300 .00 $ 19 ,500.00 $ 545 .73 $ 35,472.45 $ 525 .00 $ 34 ,125 .00 350 $22 ,750 .00
47 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 93.7 $ 300 .00 $ 28,110.00 $ 475.47 $ 44,551.54 $ 650.00 $ 60 ,905 .00 450 $42 ,165.00
48 CONST DRAINAGE STRUCTURE DES 6~020 LIN FT 48 .2 $ 500.00 $ 24 ,100.00 $ 701 .61 $ 33 ,817 .60 $ 900.00 $ 43,380 .00 590 $28,438 .00
49 RANDOM RIPRAP CLASS II CUYD 12 $ 80 .00 $ 960 .00 $ 169.38 $ 2,032.56 $ 125.00 $ 1,500 .00 130 $1 ,560 .00
50 4" CONC RETE WALK SQ FT 453 $ 6.00 $ 2,718 .00 $ 10.15 $ 4,597.95 $ 7.00 $ 3,171.00 5.5 $2,491.50
51 5" CONCRETE WALK SQ FT 1152 $ 7.00 $ 8,064 .00 $ 12 .81 $ 14 ,757 .12 $ 8.00 $ 9,216 .00 7.8 $8 ,985 .60
52 6" CONCRETE WALK SQ FT 1564 $ 8.00 $ 12,512.00 $ 15.48 $ 24,210 .72 $ 15 .00 $ 23,460.00 10 $15 ,640 .00
53 CONCRETE CURB & GUTTER DESIGN 6618 LIN FT 3823 $ 18.00 $ 68 ,814 .00 $ 41 .67 $ 159,304 .41 $ 17.00 $ 64,991.00 15 $57,345 .00
54 6" CONCRETE DRIVEWAY PAVEMENT SQ FT 1179 $ 9.00 $ 10,611.00 $ 14.46 $ 17,048 .34 $ 10.00 $ 11,790.00 8.5 $10,021.50
55 CONCRETE CURB DESIGN V LIN FT 83 $ 30 .00 $ 2,490 .00 $ 74.28 $ 6,165.24 $ 50 .00 $ 4,150.00 42 $3,486 .00
56 CONCRETE VALLEY GUTTER LIN FT 11 $ 40.00 $ 440.00 $ 65 .70 $ 722 .70 $ 50 .00 $ 550 .00 10.5 $115 .50
Page 4
No. Item Unit Est. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
57 TRUNCATED DOMES SQ FT 230 $ 60 .00 $ 13,800.00 $ 89 ,23 $ 20,522 .90 $ 60 .00 s 13 ,800 .00 49 $11 ,270 .00
LUMP
58 TRAFFIC CONTROL SUM $ 50 ,000.00 $ 50 ,000 .00 $ 105,926.75 $ 105,926.75 $ 75,000.00 $ 75 ,000 .00 23000 $23 ,000 .00
59 SIGN PANELS TYPE C SQ FT 45 $ 53.00 $ 2,385 .00 $ 60 .77 $ 2,734 .65 $ 55 ,00 $ 2,475 .00 35 $1 ,575.00
60 INSTALL SALVAGED SIGNS EACH 15 $ 150,00 $ 2,250 .00 $ 133 .11 $ 1,996.65 $ 120,00 $ 1,800 .00 75 $1 ,125 .00
61 STORM DRAIN INLET PROTECTION EACH 36 $ 150,00 $ 5,400 .00 $ 100.00 $ 3,600 .00 $ 150.00 $ 5,400 .00 85 $3,060 .00
62 SEDEMENT CONTROL LOG TYPE COMPOST LIN FT 440 $ 4.00 $ 1,760.00 $ 2.89 $ 1,271.60 $ 5.00 $ 2,200 .00 3,5 $1,540 .00
63 SANDY CLAY LOAM TOPSOIL BORROW CUYD 2643 $ 30 ,00 $ 79 ,290 .00 $ 30 ,00 $ 79 ,290 .00 $ 40 .00 $ 105,720.00 31 $81 ,933 .00
64 FERTILIZER TYPE 3 POUND 1121 $ 1.00 $ 1,121.00 $ 1.16 $ 1,300.36 $ 1.00 $ 1,121.00 1 $1 ,121.00
65 SODDING TYPE LAWN SQYD 854 $ 7.00 $ 5,978 .00 $ 9.26 $ 7,908 .04 $ 12 .00 $ 10,248 .00 5,5 $4 ,697 .00
66 EROSION CONTROL BLANKETS CATEGORY 3N SQYD 15005 $ 1.00 $ 15 ,005 .00 $ 1.62 $ 24,308 .10 $ 2.00 $ 30,010 .00 2 $30,010 .00
67 SEEDING ACRE 3.1 $ 1,000 .00 s 3,100.00 $ 578 ,74 $ 1,794.09 $ 500 .00 s 1,550.00 375 $1 ,162.50
68 SEED MI XTURE 25-131 POUND 682 $ 5.00 $ 3,410 .00 $ 3.47 $ 2,366 .54 $ 7.00 s 4,774 .00 18 $12,276 .00
LUMP
69 EROSION CONTROL SUM 1 $ 10,000.00 $ 10,000 .00 $ 7,505 .69 $ 7,505 .69 $ 10,000 .00 $ 10,000.00 23000 $23,000.00
70 4" BROKEN LINE MUL Tl COMP LIN FT 782 $ 1.00 $ 782 .00 $ 0 .87 $ 680.34 $ 1.00 $ 782 .00 2 $1 ,564 .00
71 4" SOLID LINE MUL Tl COMP LIN FT 613 $ 1.00 $ 613.00 $ 0.87 $ 533 .31 $ 1.00 $ 613.00 2 $1 ,2 26 .00
72 4" DOUBLE LINE MUL Tl COMP LIN FT 2110 $ 1.50 $ 3,165 .00 $ 1.74 s 3,671.40 $ 2.00 $ 4,220 .00 2 $4 ,22 0.00
73 12" SOLID LINE MULTI COMP LIN FT 665 $ 5.00 $ 3,325 .00 $ 5.56 $ 3,697.40 $ 5.00 $ 3,325 .00 4 $2,660 .00
74 24" SOLID LINE MUL Tl COMP LIN FT 372 $ 8.00 s 2,976 .00 s 8 .91 $ 3,314.52 s 8.00 $ 2,976 .00 8 $2 ,976.00
Pag e 5
No . Item Unit Est . Quantity Unit Pr ice Total Pr ice Unit Price Total Price Unit Pr ice Total Price Unit Price Total Price
75 PAVT MSSG MUL Tl COMP SQ FT 109 $ 7.00 $ 763 .00 $ 7.18 $ 782 .62 $ 7.00 $ 763 .00 4 $436 .00
PART Z -STORM AND STREET $ 2,160,802.00 $ 2,206,6S0 .S2 $ 2,442,948.00 $ l,979,S89.60
PART 3 -SANITARY SEWER
76 CONNECT TO EX ISTING SANITARY SEWER EACH 1 $ 3,000 .00 $ 3,000 .00 $ 3,300 .22 $ 3,300 .22 $ 3,000 .00 $ 3,000 .00 10000 $10,000 .00
77 1 O"x4" PVC WYE EAC H $ 500 .00 $ 500.00 $ 680 .68 $ 680 .68 $ 300.00 $ 300 .00 450 $450 .00
78 4" PVC PIPE SEWER SCH 40 LIN FT 24 $ 50 .00 $ 1,200 .00 $ 34.33 $ 823 .92 $ 50 .00 $ 1,200.00 35 $840 .00
79 10" PVC PIPE SEWER (SOR 35) LIN FT 381 $ 60 .00 $ 22 ,860.00 $ 55 .20 $ 21 ,031.20 $ 55 .00 $ 20,955 .00 85 $32,385 .00
80 CASTI NG ASSEMBLY R-1642 EACH 1 $ 800 .00 $ 800 .00 $ 1,102 .63 $ 1,102.63 $ 1,000 .00 $ 1,000.00 830 $830 .00
81 RECONSTRUCT SANI TARY SEWER STRUCTURE EACH 1 $ 2,000 .00 $ 2,000.00 $ 3,719 .64 $ 3,719 .64 $ 4,000 .00 $ 4,000 .00 3000 $3 ,000 .00
82 48" SAN ITARY MANHOLE LIN FT 12 $ 400 .00 $ 4,800 .00 $ 476 .05 $ 5,712 .60 $ 400 .00 $ 4,800 .00 650 $7,800 .00
TOTAL PART 3 -SANITARY SEWER $ 3S ,160.00 $ 36,370.89 $ 35,ZSS .00 $ 55,305.00
PART 4 -WATERMAIN
83 DUCTILE IRON FITTINGS POUND 404 $ 10.00 $ 4,040 .00 $ 29 .86 $ 12,063.44 $ 11.00 $ 4,444 .00 10 $4 ,040 .00
84 CONNECT TO EXI STING WATER MAIN EACH 2 $ 12,000 .00 $ 24 ,000.00 $ 3,712 .26 $ 7,424.52 $ 3,000.00 $ 6,000 .00 1800 $3,600 .00
85 ADJUST VALVE BOX EACH 3 $ 800.00 $ 2,400 .00 $ 265 .80 $ 797.40 $ 600 .00 $ 1,800 .00 350 $1 ,050 .00
86 16" BUTTERFLY VALVE & BOX EACH 2 $ 5,000.00 $ 10,000 .00 $ 4,406 .00 $ 8,812.00 $ 6,600.00 $ 13,200 .00 5000 $10,000 .00
87 16" WATERMAIN DUCTILE IRON CL 52 LIN FT 60 $ 150.00 $ 9,000.00 $ 124 .00 $ 7,440.00 $ 135 .00 $ 8,100.00 150 $9 ,000 .00
Page 6
No. Item Unit Est . Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
TOTAL PART 4 -WATERMAIN $ 49,440.00 $ 36,537 .36 $ 33,544.00 $ 27,690.00
PART 5 -SIGNAL SYSTEM
LUMP
88 AS BUILT SUM 1 $ 2,500.00 $ 2,500.00 $ 2,893.71 $ 2,893.71 $ 3,000.00 $ 3,000.00 3000 $3 ,000.00
LUMP
89 EMERGENCY VEHICLE PREEMPTION SYSTEM SUM 1 $ 6,850.00 $ 6,850.00 $ 7,928.75 $ 7,928.75 $ 7,500.00 $ 7,500.00 9200 $9,200.00
LUMP
90 TRAFFIC CONTROL INTERCONNECT SUM 1 $ 63,952.00 $ 63,952.00 $ 74 ,023 .33 $ 74 ,023 .33 $ 55,000.00 $ 55 ,000.00 78000 $78,000.00
91 TRAFFIC CONTROL SIGNAL SYSTEM SYSTEM $ 196,613 .00 $ 196,613.00 $ 227 ,576.13 $ 227,576.13 $ 250 ,000.00 $ 250,000 .00 192000 $192,000.00
TOTAL PART 5 -SIGNAL SYSTEM $ 269,91S.00 $ 312,421.92 $ 315,S00.00 $ 282,200.00
PART 6 -TRAIL
92 COMMON EXCAVATION (P) CUYD 114 $ 25.00 $ 2,850.00 $ 21.48 $ 2,448 .72 $ 31.00 $ 3,534 .00 17 $1 ,938 .00
93 AGGREGATE BASE (CV) CLASS 5 TON 150 $ 17 .00 $ 2,550.00 $ 47.67 $ 7,150.50 $ 30 .00 $ 4,500.00 17 .5 $2 ,625 .00
94 TYPE SP 9 .5 WEARING COURSE MIX (2;B)T RAIL BIT TON 83 $ 80.00 $ 6,640.00 $ 92 .60 $ 7,685 .80 $ 80 .00 $ 6,640.00 65 $5,395.00
95 COMMON TOPSOIL BORROW CUYD 103 $ 30.00 $ 3,090.00 $ 34.00 $ 3,50 2.00 $ 45.00 $ 4,635 .00 31 $3 ,193 .00
96 SODDING TYPE LAWN SQYD 620 $ 7 .00 $ 4,340.00 $ 9.26 $ 5,741.20 $ 13.00 $ 8,060.00 5 .5 $3,410.00
97 FE RT ILIZER TYPE 3 POUND 103 $ 1.00 $ 103.00 $ 1.16 $ 119.48 $ 2 .00 $ 206 .00 1 $103 .00
TOTAL PART 6 -TRAIL $ 19,573.00 $ 26,647.70 $ 27,575.00 $ 16,664.00
Page 7
No. Item Unit Est . Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
BASE BID
TOTAL PART 1-MSA SAP NO 186-103-018-LEFT TURN
LANE $ 55,133.00 $ 97,438.78 $ 71,997.00 $ 49,566.20
TOTAL PART 2 · STORM AND STREET $ 2,160,802.00 $ 2,206,650.52 $ 2,442,948.00 $ 1,979,589.60
TOTAL PART 3 · SANITARY SEWER $ 35,160.00 $ 36,370.89 $ 35,255.00 $ 55,305.00
TOTAL PART 4 · WATERMAIN $ 49,440.00 $ 36,S37.36 $ 33,544.00 $ 27,690.00
TOTAL PARTS· SIGNAL SYSTEM $ 269,91S .00 $ 312,421.92 $ 315,500.00 $ 282,200.00
TOTAL PART 6 -TRAIL $ 19,573.00 $ 26,647.70 $ 27,575.00 $ 16,664.00
TOTAL $ 2,590,023.00 $ 2,716,067.17 $ 2,926,819.00 $ 2,411,014.80
Contractor Ryan Contracting Co Meyer Contracting Inc McNamara Contracting Inc
Address PO Box 246 11000 93rd Ave N 16700 Chippendale Avenue
Address Elko MN 55020 Maple Grove MN 55369 Rosemount MN 55068
Phone 952-894-3200 763-391-5932 651-322 -5500
Representative Thomas J Ryan Verlyn Schoep Mike McNamara
Title President President President
Bid Bond 5.00% 5.00% 5.00%
Page 8
I T E M: 4.K.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A pprove Waiver of Objection to S pecial A ssessments with Menards, I nc., for Construction of
P ublic I nfrastructure Relating to Proposed Menards at Hanson Concrete Redevelopment, P roject
2019-109, 147th S treet and J ohnny Cake Ridge Road I ntersection I mprovements
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Approve Waiver of Objection to Special Assessments with Menards, Inc. for construction of
public infrastructure relating to the proposed Menards at Hanson C oncrete Redevelopment,
City Project 2019-109, 147th Street and J ohnny Cake Ridge Road Intersection
Improvements.
S UM M ARY:
Menards, Inc. has requested that efforts for construction of public infrastructure serving the
site proceed prior to their receipt of final approvals for the development. T his would require
a Waiver of O bjection to Special Assessments for C ity staff to administer the Construction
of Public Improvements. Menards, Inc. has previously agreed to the levy of a special
assessment on the Property, associated with the acquisition of the materials, in the principal
amount of $90,387.00 for the advance purchase of Traffic Signal components.
T he scope of work only covers the following public infrastructure improvements associated
with the development at this time:
2019-109, 147th Street and J ohnny C ake Ridge Road Intersection Improvements
including Traffic Signal and added north and south left turn lanes at 147th Street and
J ohnny Cake Ridge Road
B AC K G RO UND:
In 2017, the C ity received a $250,000 Redevelopment Incentive Grant (RIG) from the
Dakota C ounty C ommunity Development Agency (C D A), which will be used for the 147th
Street and J ohnny C ake Ridge Road intersection improvements associated with the
agreement. T he grant agreement requires that the funds be spent by November 2019.
At the November 15, 2018, C ity C ouncil meeting the following items were approved as they
relate to the redevelopment of the Hanson Property:
1. Approve Preliminary Plan Development Agreement with Menards, Inc.
2. Approve Design Agreement with Menards, Inc., for Design Services of Public
Infrastructure
3. Adopt Resolution Approving Re-designation of Lot 1, Block 1, Menards at Hanson
Concrete Preliminary Plat from “IN D” (Industrial) to “C ” (Commercial) on 2030
Comprehensive Plan Land Use Map
4. Pass Ordinance Rezoning Lots 1 and 2, Block 1, and O utlots A-D, Menards at Hanson
Concrete, Preliminary Plat from “I-2” (General Industrial) to “PD ” (Planned
Development)
5. Pass Planned Development Ordinance C odifying the Uses, Performance Standards, and
Area Requirements for the Planned Development (Recommend waiving second
reading)
6. Adopt Resolution Approving Preliminary Plat
7. Adopt Resolution Approving Site Plan/Building Permit A uthorization to Allow for
Construction of 206,209-Sq. Ft. Menards Store and 48,970-Sq. Ft. Warehouse on Lot
1, Block 1, Menards at Hanson Concrete
On May 9, 2019, C ity C ouncil Approved Waiver of Objection to Special Assessments with
Menards, Inc. for C onstruction of Public Infrastructure Relating to the Proposed Menards at
Hanson Concrete Redevelopment.
On May 9, 2019, City C ouncil Approved Advance Purchase of Traffic Signal C ontroller
Cabinet and C ontroller Unit in the amount of $26,945.90 from Traffic C ontrol Corporation,
contingent on execution of Waiver of Objection to Special Assessments with Menards, Inc.,
for construction of public infrastructure relating to the proposed Menards at Hanson C oncrete
Redevelopment Public Improvements, C ity Project Number 2019-109.
On May 9, 2019, City C ouncil Approved Advance Purchase of Traffic Signal System
Materials and Electrical Equipment in the amount of $63,441.00 from Millerbend
Manufacturing, contingent on execution of Waiver of Objection to Special Assessments with
Menards, Inc., for construction of public infrastructure relating to the proposed Menards at
Hanson Concrete
Redevelopment Public Improvements, C ity Project Number 2019-109.
On J une 13, 2019, C ity C ouncil adopted resolution 2019-79, Approving Plans and
Specifications and Directing Receipt of sealed bids for Project 2019-109, 147th Street and
J ohnny Cake Ridge Road Intersection Improvements.
B UD G E T I M PAC T:
Project costs and funding included in the adopted 2019 operating budget are summarized as
follows:
Estimated Project C osts: Estimated Awarded Costs
C onstruction Cost $ 2,419,293.00 $ 2,590,023.00
C onstruction Contingency (10%)241,929.00 259,002.30
Engineering Design, C ontract Admin
(25%)
671,278.00 647,505.75
Total Estimated C ost $ 3,332,500.00 $ 3,496,531.05
Estimated Project Funding
Developer (Menards)$ 3,014,800.00 $ 3,145,677.95
Trail Escrow (Abdallah Candies)16,000.00 16,000.00
C ommunity Development Agency Grant
(C D A)
250,000.00 250,000.00
C ity Cost - Turn Lane on J C RR North
of 147th Street(Municipal State Aid
Funds)
51,700.00 84,853.10
Total Estimated Funding $ 3,332,500.00 $ 3,496,531.05
AT TAC HM E NT S :
Agreement
Waiver of Objection to Special Assessments
This Agreement and Waiver of Assessment Appeal (the "Agreement") is entered by and
between the City of Apple Valley, Minnesota (the "City"), a Minnesota municipal corporation,
and Menard, Inc., a Wisconsin corporation ("Owner"), as of the date of its complète execution.
RECITALS
WHEREAS, the Owner is the fee owner of certain real property located at 6055 150th
Street West in the City of Apple Valley, PID No. 01-02605-10-020, legally described on Exhibit
A, attached hereto (the "Property");
WHEREAS, the City has been asked by the Owner to undertake various public
improvements that benefit the Property, including road improvements with a new traffic signal at
the intersection of 147'o Street west and Johnny Cake Ridge Road as identified in City public
Improvement Proj ect 201 9 -109 (the "Proj ect");
WHEREAS, in order to timely deliver the Project for the Owner, the City needed to pre-
order the following materials for the Project: mast arms; light extensions; transformer bases; and
controller cabinet (the "Materials") and the Owner agreed to assume the cost of the Materials as
an assessment, the assessment being a portion of the Owner's commitment to contribute to the
overall cost of the Project; and
WHEREAS, the Owner has previously agreed to the levy of a special assessment on the
Property, associated with the acquisition of the Materials, in the principal amount of $90,387.00
("Initial Special Assessment Amount") payable over 5 years together with interest at the rate of
5o/o per year with the first installments due and payable in2020.
V/HEREAS, the City has procured bids for the completion of the Project, and is
recommending to the City's Council to accept and award a contract to the lowest responsible
bidder ("Contract"); and the Owner agrees to accept the levy of an assessment for the Project, in
the principal amount of Two Million Eight Hundred Seventy Three Thousand Four Hundred and
Sixty One Dollars (92,873,461.00), which amount includes the Initial Special Assessment
Amount, (o'Assessment") payable over 5 years together with an interest rate of 5o/o per year with
the first installment due and payable in2020. The Assessment is calculated as follows: Contract
of 52,783,074.00 (including contingency & construction administration) added to the Initial
Special Assessment Amount of $90,387.00.
NOW, TIIEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the City and the Owner hereby covenant, and agree as
follows:
1. Up FRoNr PevueNr ¡oR V/om. City agrees to front the costs to complete the Project
that the parties agree benefit the Property. The parties agree that the benefit to the Property is
equal to or exceeds the Assessment.
2. RnpevuENr eNo AsspsslunNt. The Owner shall repay the Assessment through a
special assessment to be levied by the Apple Valley City Council over a period of five (5) years
together with five percent (5%) interest per year on the unpaid principal balance. The first
installments shall be due and payable in 2020. Owner will have the option to pay the
Assessment, without interest, for a period of thirty (30) days following the City's Council
levying the assessment and certifying the assessment to Dakota County for collection.
3. OwNnR's CoùtN¡lrvleNt. Owner agrees and acknowledges that the Assessment
amount comprised a portion of the Owner's financial responsibility to the cost of the Project.
Owner's responsibility toward the cost for the Project was originally estimated to be $1,462,500.
The Assessment amount will be credited toward the Owner's financial responsibility for the
Project.
4. Su¡nrvIstoN or PRoprnrv. If the Owner chooses to subdivide the Property the
unpaid Assessment amount remaining due and payable at the time of subdivision shall be
allocated to the lot in the subdivision upon which the Menards store will be located (Lot I of the
proposed plat of Menards at Hanson Concrete.)
5. V/ervsn or Os¡ncrtoN on Appeer (MNN. Srer. g 429.081). The Owner hereby
accepts the Assessment for the Project to be levied against the Property in repayment to the City.
The Owner hereby waives the right to object or to appeal the Assessment pursuant to Minn. Stat.
$ 429.081 and further waives any procedurally requirements associated with the levying of the
Assessment.
6. ArtoRNevs' FsBs eNo ExpsNsns. If the City is required to defend the terms of this
Agreement or if the Owner breaches this Agreement, the Owner shall reimburse the City for all
attomey's fees and costs associated with any such breach.
7. Gov¡nNr¡{c Lew. This Agreement will be construed and enforced in accordance
with the laws of the State of Minnesota.
8. SBvgRegIUtv. To the extent any provision or part of this Agreement is void or
otherwise adjudicated to be void or contrary to the law, it is the intention of the parties that the
rest of the Agreement shall be effective and remain a binding agreement.
9. V/ervsn. No waiver of any of the provisions of this Agreement shall be deemed or
shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.
10. V/IrrFur RNo KNowr¡qc. Each party has signed this Agreernent willingly and further
agree and warrant that each has carefully read this Agreement and understands it.
ll.Cotr¿prprs eNl BnnrNc Acn¡¡u¡Nr. The Parties agree this Agreement
memorializes the entire agteement by and between the Parties with respect to the matters set
forth herein, is binding on the Parties, their heirs, successors and assigns. The Parties also agree
that there are no other claims, understandings, promises, or representations, either written or oral,
by and between them with respect to matters in this Agreement.
IN LTNESS WHEREOF, the Parties agree to all the terms and provisions contained herein.
Signature page for Owner
DATED:1.lt Menard,Inc.
A
By:
Theron J.
Its: Real Estate Manager
tl/tl¿otl) tlnf
STATE OFùÆÐ{t{ËStFtr-
5AV
COUNTY OF TLA ßV,
On this Ìh of cuty 2019 before me a Notaryday
Public within and for County, personally appeared tfreron .l Berg to me personally known,
who being duly swom did say that he is the Real Estate Manager of the corporation named in the
foregoing instrument and that the Manager acknowledged to be the free
deed of the corporation.
Public,Dv/1/4)
Pt/ tnnl 9t¿n)I
)
)ss
)
r
Signature page for City
City of Apple Valley
Date By:
Mary Hamann-Roland, Mayor
ATTEST:
Date By:
Pamela J. Gackstetter, City Clerk
STATE OF MTNNESOTA)
) ss.
couNTY oF DAKOTA)
On this day of 2019, before me a Notary Public within and for
said County personally appeared Mary Hamann-Roland, Mayor of City of Apple Valley, and
Pamela J. Gackstetter, City Clerk, City of Apple Valley.
NotaryPublic
EXHIBIT A
A parcel of land located in the EastYz of the Southwest Yo, of Section 26, Township l l5, Range
20, Dakota county, Minnesota, more particularly described as follows:
Beginning a! the South Quarter Corner of said Section 26; thence North 00 Degrees 05 Minutes
3 1 Seconds East along the East line of said East Yz of the Southwest Y¿ a distance of 1586.10 feet;
thence South 87 Degrees 58 Minutes 20 Seconds West a distance of 829.80 feet; thence South 0i
Degrees 30 Minutes 02 Seconds West a distance of 130.74 feet; thence North 88 degrees 07
Minutes 51 Seconds West a distance of 186.54 feet; thence North 07 Degrees 15 Minutes 43
Seconds East a distance of 67.83 feet; thence North 62 Degrees 51 Minutes 56 Seconds East a
distance of 78.22 feet; thence North 12 Degrees l0 Minutes 10 Seconds East a distance of 420.37
feet to the Centerline of an Easement Acquisition Agreement recorded as Document No.
2820793; thence along said Centerline 386.19 feet along the arc of a curve concave southerly
having a Radius o12045 feet, bearing South 78 Degrees 54 Minutes 36 Seconds West chorã
distance of 385.62 feet; thence along said Centerline South 73 Degrees 30 Minutes 00 Seconds
West a distance of 101.63 feet to the West line of the said East % of the Southwest %; thence
South 00 Degrees 02 Minutes 52 Seconds East along the said V/est line of the East t/z of the
Southwest Y¿ a distance of 1846.32 feet to the South line of said East % of the Southwest %;
thence North 89 Degrees 51 Minutes 19 Seconds East along the South line of said East % of the
South West % a distance of 1324.10 feet to the point of beginning and there terminating, being
subject to the road Right of Way of Johnny Cake Ridge Road and C.S.A.H. 42 (ts0thst V/est). -
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A pprove P ersonnel Report
S taff Contact:
Melissa Haas, Human Resources Manager
Department / Division:
Human Resources Division
AC T I O N RE Q UE S T E D:
Approve the personnel report.
S UM M ARY:
T he employment actions attached to this memo are recommended for City C ouncil Approval.
B AC K G RO UND:
T he City Council's approval of the Personnel Report includes the ratification of the City
Administrator's actions in carrying out the terms and conditions of the employment of the
City personnel.
B UD G E T I M PAC T:
Budgeted positions.
AT TAC HM E NT S :
Personnel Report
PERSONNEL REPORT
July 25, 2019
City of Apple Valley
Human Resources
EMPLOYMENT ACTIONS
The following employment actions are recommended for City Council approval:
First
Name
Last
Name Action Position Status Dept.
Base Pay
Rate
Pay
Type
Pay
Scale
Date
(on or about)
Dino Blundetto Promotion Maintenance II
Full-Time,
Regular 1600 $ 23.15 Hourly UM2 7/6/2019
Taylor Leonard Accept Resignation Community Service Officer
Part-Time,
Regular 1200 7/7/2019
Colin Reardon Accept Resignation Community Service Officer
Part-Time,
Regular 1200 4/17/2019
Jana Reeks Hire Custodial Attendant
Casual,
Variable Hour 1900 $ 16.95 Hourly C-08 7/27/2019
Steven Spychalla Hire Maintenance I
Casual,
Seasonal 1710 $ 12.52 Hourly SM1 8/1/2019
Justin Wagner Hire Community Service Officer
Part-Time,
Regular 1200 $ 14.95 Hourly PT120 7/31/2019
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment of the
City personnel.
Page 1 of 1
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Consent A genda
Description:
A pprove Claims and B ills
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
Approve claims and bills.
S UM M ARY:
Attached for C ity C ouncil review and approval are check registers for recent claims and
bills.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
Check registers dated J uly 3, 2019, and J uly 10, 2019, in the amounts of $1,641,869.36 and
$2,125,805.63, respectively.
AT TAC HM E NT S :
Claims and Bills
Claims and Bills
I T E M: 5.A.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Regular A genda
Description:
A ppeal Zoning Administrator's Ruling that Residential Use is not a Permitted Use on Property
Zoned “B P ” (B usiness P ark) for P roperty L ocated at 5751 150th Street W. (C S A H 42)
S taff Contact:
Thomas L ovelace, City Planner
Department / Division:
Community Development Department
Applicant:
Miller Farms of L akeville, L L C
P roject Number:
P C18-22-M
Applicant Date: 8/22/2018 60 Days: 10/20/2018 120 Days: 7/31/2019
AC T I O N RE Q UE S T E D:
Consider appeal of the Zoning Administrator's ruling that a residential use is not a permitted
use on property zoned “BP” (Business Park) for property located at 5751 150th Street West
(C SA H 42).
S UM M ARY:
Attached are two draft resolutions for your consideration regarding a request by Miller Farms
of Lakeville, LLC , to appeal the Zoning Administrator's ruling that a residential use is not a
permitted use on property zoned “BP” (Business Park) for property located at 5751 150th
Street West (C S A H 42). T he first resolution is affirming the recommended decision by the
Apple Valley Board of Appeals and Adjustment that the residential use is not allowed and is
not a legal nonconforming use. T he second resolution is reversing the Board’s recommended
Findings and Decision and approving the appeal that the residential use may continue as a
legal nonconforming use.
T he Planning C ommission, acting as the Apple Valley Board of Appeals and Adjustment, is
required to hear an appeal of a zoning use determination made by the C ity’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:
T he subject property is 5751-150th Street West in Apple Valley (“Property”).
T he Property is presently owned by Miller Farms of Lakeville, LLC . T he Chief
Manager of Miller Farms of Lakeville, LLC , is J oseph (“J oe”) 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 C ommunity C ares, Inc., for
which J oseph (“J oe”) Miller was the owner and President.
In May 2018, Miller Farms submitted an application to the C ity’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.
T he C ity’s C hief 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.
T he City’s C hief Building Official issued a Plan Review Report, dated J une 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 C hief Building Official’s Plan Review Report, dated J une 6, 2018, he identified
the C ity 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.” T he 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 C hief Manager
J oseph 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.
T he Board of Appeals and Adjustment held a hearing on this request at their September 19,
2018, meeting. T he Board took testimony, closed the hearing and voted unanimously (5-0) to
deny the appeal and affirm determination by the Zoning Administrator that a residential use is
not a legal conforming use of the property based on the following facts:
1. On December 18, 2014, C ommunity C ares, Inc. purchased the property at 5751 - 150th
Street West in Apple Valley ("Property"). Mr. J oseph ("J oe") Miller is the owner and
then President of Community C ares, Inc.
2. At the time of C ommunity Cares' purchase, the Property was vacant.
3. T he Property was previously owned by the Melby family and historically referred as
the "Melby property" by city staff. T he 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.
4. At the time of C ommunity Cares' purchase, the Property was zoned Agricultural.
5. 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 sealed. No new or operating well
existed on the Property since October 7, 2014.
Accordingly, under the Minnesota State Building/Plumbing C ode, neither the farmhouse
structure nor any other building on the Property was habitable for residential purposes
on D ecember 18, 2014, when Community C ares, Inc. (through its President, J oseph M.
Miller), purchased the property.
6. In early Spring 2015, within months of C ommunity C ares' 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.
7. In light of C ommunity C ares' 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.
8. On April 1, 2015, the Planning C ommission directed a public hearing be set for the
rezoning of the Property. On record is the correct copy of the April 1, 2015 Planning
Commission Meeting Minutes.
9. On May 6, 2015, the public hearing was held for the rezoning of the Property. J oe
Miller and his representative, Dale Runkel, were present at the public hearing. Dale
Runkel spoke on behalf of J oe Miller and C ommunity C ares; he stated that "the
property was currently being used for the C ommunity C ares 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. T hese comments are recorded in the May 6, 2015,
Planning Commission Meeting Agenda/Staff Report and Minutes. On J une 11, 2015,
the City C ouncil approved the rezoning of the Property from Agricultural to Business
Park. T he rezoning became effective upon publication on J une 19, 2015.
10. In J uly 2015, City staff was made aware of the Minnesota Department of Agriculture's
("D O A") investigation of C ommunity C ares' food distribution/warehousing operation
on the Property. T he D O A investigation and enforcement of state statute violations by
Community C ares and Mr. J oe Miller continued into late May 2016.
11. On May 4, 2016, Community Cares assigned and transferred its C ontract 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 J ean Melby, granting Miller
Farms full fee ownership of the Property.
12. 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. T he extension and
connection to City water and sanitary sewer services to the Property required the C ity's
trunk charges/fees for water, sanitary sewer, and storm sewer due and payable by the
property owner.
13. In 2016, Public Works Director Matt Saam worked directly with J oseph Miller and his
attorney(s) to determine the amount of the trunk charges/fees and to negotiate an
Assessment Agreement for deferred payment of those trunk fees. Mr. J oseph Miller, as
the authorized agent of the property owner, entered into a Special Assessments
agreement with the C ity for payment of the water, sanitary sewer, and storm sewer trunk
fees. T he 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 C ity's 2016
Fee Schedule. Mr. J oseph 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.
14. On May 23, 2018, Miller Farms of Lakeville, LLC , through its contractor, submitted a
water and sewer permit application, along with required plans. T his water and sewer
permit is for the installation and connection of the water and sanitary sewer service lines
from the C ity's water/sewer mains in the public right-of-way (Energy Way) up to the
building to be served.
15. T he Apple Valley Chief Building Official, George Dorn, reviewed Miller's water and
sewer permit application and proposed plans. T he plans were also reviewed, as a matter
of normal review process, by the City's zoning department. By letter, dated J une 6,
2018, Mr. Dorn sent his Plan Review Report to Mr. J oseph Miller and his contractor;
the Report noted deficiencies in the water/sewer permit plans. T he 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 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.
T he 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 J une 6, 2018 Plan Review Report.
16. On A ugust 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 J une 6, 2018 Plan Review Report.
17. At the time of the purchase of the property, C ommunity C ares and J oe Miller declared
the intended use of the property as commercial/warehouse, not residential or other
agricultural uses, on its filed Certificate of Real Estate Value.
18. Community C ares and J oe Miller operated a commercial food distribution/warehousing
on the Property from the time of purchase to after the date of rezoning of the property to
Business Park. No lawful use allowed under Ag zoning existed on the Property prior to
or as of the date of rezoning. Further, the owner converted the use of the property from
Ag zoning uses to commercial use and therefore, lost any non-conforming use rights per
the City C ode provisions.
T he Board also voted unanimously (5-0) to direct the C ity Attorney to prepare the written
record of this denial and present it to the Planning C ommission at the next meeting for final
approval.
On October 3, 2018, the Planning C ommission, acting as the Board of Appeals and
Adjustment, reviewed the draft written recommended findings and decision and voted
unanimously (5-0) recommending approval of the written Recommended Findings of Fact
and Decision, as amended, and that the recommendation be moved on to the City C ouncil for
their consideration.
B AC K G RO UND:
On August 20, 2018, the C ity received an application from Miller Farms of Lakeville, LLC,
to the Apple Valley Board of Appeals and Adjustment appealing the Zoning Administrator’s
ruling and that the City issue permits to allow for sewer and water connections to a
residential dwelling located at 5751 150th Street West (C SA H 42). T he Board held a public
hearing on this request at their September 19, 2018, meeting. T hey took testimony, closed the
hearing, voted unanimously (5-0) to deny the appeal and affirm the determination by the
Zoning Administrator that a residential use is not a legal nonconforming use, and directed the
City Attorney to prepare the written record of denial and present it to the Planning
Commission at their next available meeting for final approval.
On October 3, 3018, the Planning C ommission, acting as the Board of Appeals and
Adjustment, reviewed the draft findings and decision, and voted unanimously (5-0) to
recommend approval of the written Recommended Findings of Fact and Decision, as
amended, and that the recommendation be moved on to the C ity C ouncil for their
consideration.
On November 15, 2018, the C ity C ouncil considered the appeal of the Zoning
Administrator’s ruling. At that meeting, the C ouncil voted 5-0 to table the appeal request to
the November 29, 2018, meeting.
On November 28, 2018, the applicant's attorney submitted a letter requesting that the item be
tabled to the February 28, 2019. Additional letters were received from the applicant's
attorney requesting the item be tabled to April 25, 2019, and finally to the J uly 11, 2019, City
Council meeting
During this time, staff and the C ity Attorney have been negotiating with representatives of
Miller Farms on the potential purchase of the property by the Apple Valley Economic
Development Authority. T hose negotiations have ended without a purchase agreement;
therefore, the appeal will be considered by the City C ouncil on J uly 25.
Please refer to the attachments for additional background information, including a timeline of
actions prior to the submittal of the Board of Appeals and Adjustment application.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Exhibit
Resolution
Resolution
Application
Agreement
Applicant L etter
L etter
Code E xcerpts
Memo
Memo
Memo
Memo
Background Material
Background Material
Background Material
Applicant L etter
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION AFFIRMING THE BOARD OF APPEALS & ADJUSTMENTS
RECOMMENDED FINDINGS OF FACT & DECISION RELATIVE TO PROPERTY
LOCATED AT 5751 150TH STREET WEST, APPLE VALLEY, MINNESOTA
WHEREAS, pursuant to Minnesota Statutes, Section 462.357, the City of Apple Valley has
adopted land use controls and regulations (zoning regulations) as set forth in Chapter 155 of the
Apple Valley City Code of Ordinances.
WHEREAS, Section 155.395 of the City Code of Ordinances charges the City Zoning
Administrator with the responsibility of enforcing the terms and provisions of the City’s zoning
regulations.
WHEREAS, Section 155.396 of the City Code of Ordinances establishes the Board of
Appeals and Adjustments (“the Board”), which is comprised of the individual members of the
Apple Valley Planning Commission. The Board is charged with the duty of hearing all appeals
where it is alleged that there is an error in any order, requirement, decision or determination by the
Zoning Administrator under Chapter 155 or any determination by the Zoning Administrator as to
the location of the boundary of a zoning district as shown on the zoning map. Following an appeal
hearing, the Board is to submit a written Recommended Findings and Decision to the City Council
(“Council”) for Council’s final action and determination on an appeal.
WHEREAS, Miller Farms of Lakeville, LLC, (“Appellant”) the owner of property located
at 5751 150th Street West, in the City of Apple Valley, MN, (“Property”), filed an Application for
Appeal on August 20, 2018, challenging the Zoning Administrator’s determination that a
residential use is not a permissible use on the Property under its current zoning “Business Park
(BP).”
WHEREAS, the Apple Valley Planning Commission, acting in its capacity as the Board of
Appeals and Adjustments, held a hearing on the appeal at its meeting on September 19, 2018.
WHEREAS, the Board approved written Recommended Findings of Fact and Decision,
affirming the Zoning Administrator’s determination and denying the appeal, at its meeting on
October 3, 2018.
WHEREAS, at its regular meeting on November 15, 2018, Council received the Board’s
written Recommended Findings of Fact and Decision and all the evidence and material (“record”)
provided to the Board. In addition, the Appellant presented additional written submissions to the
Council, together with City staff’s written responses, as part of the Record, and Appellant was
heard at the November 15, 2018, meeting. The matter was tabled for action to
November 29, 2018.
2
WHEREAS, at the request of the Appellant, Council’s action and determination on the
appeal matter was tabled until its July 25, 2019, meeting.
WHEREAS, at its meeting on July 25, 2019, the Council, after considering all records, files
and materials presented to the Board of Appeals & Adjustments and all records, files and materials
presented to and accepted by it that have been made part of the Record, together with the Board’s
written Recommended Findings of Fact and Decision, makes the following Findings:
1. This matter was properly brought before the Apple Valley Planning Commission,
acting as the Board of Adjustments and Appeals.
2. A hearing was held on this matter before the Apple Valley Planning Commission,
acting as the Board on September 19, 2018, at which the Appellant was present and
heard through legal counsel, together with Appellant written materials that were
submitted and considered.
3. The Board approved written Recommended Findings of Fact and Decision, affirming
the Zoning Administrator’s determination and denying the appeal, at its meeting on
October 3, 2018.
4. This matter came on before the Council on November 15, 2018. Council received the
Board’s written Recommended Findings of Fact and Decision and the Record
presented to the Board. Additional materials were presented to Council by the
Appellant and city staff and included in the Record.
5. The Board’s Recommended Findings of Fact are supported by the facts contained in the
Record.
6. The Board’s Recommended Decision is supported by its Findings of Fact.
7. The Board’s Recommended Findings of Fact are legally sufficient to support the
Board’s Recommended Decision.
8. The Board’s Recommended Decision is not contrary to the provisions of the Apple
Valley Code of Ordinance, Chapter 155 or state law.
9. The Board’s Recommended Findings of Fact and Decision, dated October 3, 2018, is
adopted and is incorporated and made a part hereof.
10. A residential use is not a permitted use on the Property under the Business Park (BP)
zoning.
11. Prior and subsequent to the rezoning of the Property to Business Park (BP),
commercial uses, namely food distribution and warehousing, has occurred and
continues on the Property and therefore, residential use is not a legal nonconforming
use on the Property.
3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the Apple Valley Board of Appeals & Adjustments written
Recommended Findings of Fact and Decision, dated October 3, 2018, is affirmed.
ADOPTED this 25th day of July, 2019.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_______________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, the undersigned, being the duly qualified and acting City Clerk of the City of Apple
Valley, Dakota County, Minnesota, hereby certify that the foregoing is a true and correct copy of a
resolution adopted by the City Council of Apple Valley on July 25, 2019. Witness my hand
officially as City Clerk this ________ day of ______________________, 2019.
___________________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 2019-
A RESOLUTION REVERSING THE BOARD OF APPEALS & ADJUSTMENTS
RECOMMENDED FINDINGS OF FACT & DECISION RELATIVE TO PROPERTY
LOCATED AT 5751 150TH STREET WEST, APPLE VALLEY, MN
WHEREAS, pursuant to Minnesota Statutes, Section 462.357, the City of Apple Valley has
adopted land use controls and regulations (zoning regulations) as set forth in Chapter 155 of the
Apple Valley City Code of Ordinances.
WHEREAS, Section 155.395 of the City Code of Ordinances charges the City Zoning
Administrator with the responsibility of enforcing the terms and provisions of the City’s zoning
regulations.
WHEREAS, Section 155.396 of the City Code of Ordinances establishes the Board of
Appeals and Adjustments (“the Board”), which is comprised of the individual members of the
Apple Valley Planning Commission. The Board is charged with the duty of hearing all appeals
where it is alleged that there is an error in any order, requirement, decision or determination by the
Zoning Administrator under Chapter 155 or any determination by the Zoning Administrator as to
the location of the boundary of a zoning district as shown on the zoning map. Following an appeal
hearing, the Board is to submit a written Recommended Findings and Decision to the City Council
(“Council”) for Council’s final action and determination on an appeal.
WHEREAS, Miller Farms of Lakeville, LLC, (“Appellant”) the owner of property located
at 5751 150th Street West, in the City of Apple Valley, MN, (“Property”), filed an Application for
Appeal on August 20, 2018, challenging the Zoning Administrator’s determination that a
residential use is not a permissible use on the Property under its current zoning “Business Park
(BP).”
WHEREAS, the Apple Valley Planning Commission, acting in its capacity as the Board of
Appeals and Adjustments, held a hearing on the appeal at its meeting on September 19, 2018.
WHEREAS, the Board approved written Recommended Findings of Fact and Decision,
affirming the Zoning Administrator’s determination and denying the appeal, at its meeting on
October 3, 2018.
WHEREAS, at its regular meeting on November 15, 2018, Council received the Board’s
written Recommended Findings of Fact and Decision and all the evidence and material (“record”)
provided to the Board. In addition, the Appellant presented additional written submissions to the
Council, together with City staff’s written responses, as part of the Record, and Appellant was
heard at the November 15, 2018, meeting. The matter was tabled for action to
November 29, 2018.
2
WHEREAS, at the request of the Appellant, Council’s action and determination on the
appeal matter was tabled until its July 25, 2019, meeting.
WHEREAS, at its meeting on July 25, 2019, the Council, after considering all records, files
and materials presented to the Board of Appeals & Adjustments and all records, files and materials
presented to and accepted by it that have been made part of the Record, together with the Board’s
written Recommended Findings of Fact and Decision, makes the following Findings:
1. This matter was properly brought before the Apple Valley Planning Commission,
acting as the Board of Adjustments and Appeals.
2. A hearing was held on this matter before the Apple Valley Planning Commission,
acting as the Board on September 19, 2018, at which the Appellant was present and
heard through legal counsel, together with Appellant written materials that were
submitted and considered.
3. The Board approved written Recommended Findings of Fact and Decision, affirming
the Zoning Administrator’s determination and denying the appeal, at its meeting on
October 3, 2018.
4. This matter came on before the Council on November 15, 2018. Council received the
Board’s Recommended Findings of Fact and Decision and the Record presented to the
Board. Additional materials were presented to Council by the Appellant and city staff
and included in the Record.
5. The Board’s Recommended Findings of Fact & Decision is not supported by the facts
contained in the Record.
6. Appellant has presented sufficient evidence that residential use of the Property was
permitted and existing at the time the Property was rezoned to Business Park (BP) and
that a residential use remained reasonably viable following the rezoning.
7. The Board’s Recommended Decision is contrary to the provisions of the Apple Valley
Code of Ordinance, Chapter 155 or state law.
8. A residential use is a legal nonconforming use on the Property, subject to the
regulations thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the Apple Valley Board of Appeals & Adjustments written
Recommended Findings of Fact and Decision, dated October 3, 2018, is reversed.
BE IT FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota
County, Minnesota, that residential use may occur on the Property as a legal nonconforming use,
subject to the restrictions and regulations thereof under the City’s zoning regulations and the laws
governing nonconforming uses.
3
ADOPTED this 25th day of July, 2019.
_____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
______________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, the undersigned, being the duly qualified and acting City Clerk of the City of Apple
Valley, Dakota County, Minnesota, hereby certify that the foregoing is a true and correct copy of a
resolution adopted by the City Council of Apple Valley on July 25, 2019. Witness my hand
officially as City Clerk this ________ day of ______________________, 2019.
___________________________________
Pamela J. Gackstetter, City Clerk
Larkin
HoJfu"fl#Larkin Hoffman
est.1958 8300 Norman Center Drive
Suite 1000
Minneapolis, Minnesota 55437 -1060
crrtmr: 952-835-3800
FAx: 952-896-3333
wEB: wwvzlarkinhoffman.com
October 10,2018
The Honorable Mayor Mary Hamman-Roland and
Council Members
City of Apple Valley
TLOO ATth Street W.
Apple Valley, MN 55124
Re:Miller Farms of Lakeville; Our Flle #40236-00
Appeal of the Zoning Administrator
Dear Mayor Hamman-Roland and Council Members:
We represent Miller Farms of Lakeville, LLC ("Miller Farms"), the owner of the property
located at 5751 150th Street West ("Property") in the City of Apple Valley ("City"). This letter
is intended to supplement the record of Miller Farms' appeal ("Appeal") of the City's failure to
recognize nonconforming rights for the single-family residence ("Residence") on the Property
and correct staff s misleading statements. The City has mischaracterized and misstated the
Appeal in a manner that misleads the Council and the public. This mischaracterizatton distracts
from the fact that the Property has been unlawfully denied a well permit by the City in order to
provide the basis to deny legal nonconforming rights.
Citv Staff Has Misstated the Appeal
Staff has mischaracterized the appeal as an "Appeal to the Zoning Administrator's Determination
that a Residential Use is not a Permitted Use within a Property Zoned "BP" (Business Park)."
This is an incorrect statement and wholly misstates the Appeal. Whether a residential use is
permitted in the BP District is not disputed. Rather, Miller Farms has appealed the City's refusal
to recognize legal nonconforming rights for the Residence following the rezoning of the Property
from the Agricultural (A) District to the BP District.
The Citv's Interpretation is Flawed
Minnesota law and the City Code require the City to recognize legal nonconforming rights of a
lawfully established use notwithstanding the adoption of new zoning district or ordinance. The
City contends that the Residence was not a lawfully established single family residence on June
19,2015, the date ("Rezoning Date") upon which the Property was rezoned by the City. The
City's position is tenuously based on the assertion that the use could not have been a lawfully
established use because the water source had been temporarily disconnected by capping a well to
accommodate a sale of the property approximately six (6) months prior to the Rezoning Date.
The City takes this position despite the fact that the Residence was a permitted use in the A
Apple Valley City Council
October 10,2018
Page 2
District and had been a lawfully established single-family residence for more than 90 years. The
City's analysis fails to acknowledge that the reason the Residence did not have water on the
Rezoning Date was because of the City's unlawful denial of a permit to reestablish water to
the Property.
The City Unlawfullv Denied Water to the Propertv
In May 2015, prior to the Rezoning Date, Community Cares, Inc. sought a permit to reestablish
the well for the Residence (the "Well Permit Request"). The City denied the Well Permit
Request despite the fact that no other water source was feasible. (See September 19,2018 Board
of Adjustment Minutes; Affidavit of Brian Hartmann, Hartmann Well Company.) Under City
Code Section 51.41, private water and septic systems are prohibited "except in cases where the
public water or sewer system is not accessible to the premises where the private systems are
requested." If, at the time of the request, the City determines that it is not "feasible" to connect
the applicant's property to the municipal water, "the applicant shall be granted a permit" to
install a private water system. Sec. 51.41. At the time that the Well Permit Request was denied
it was impossible to connect to municipal water because there was no adjacent public water
access. Under these circumstances, the City Code requires that the applicant "shall be granted a
permit" for a well. Thus, the City's denial of the Well Permit Request was unlawful. In
addition, the City's denial ensured that no water access could be established to the Property
before the Rezoning Date.
The City Planning Commission's adopted findings of fact acknowledge that the Property owner
continued to seek City water after denial of the Well Permit Request and after the Rezoning
Date: "In late 2015 into 2016, Miller inquired and worked with City staff to extend and connect
City municipal water and sanitary sewer services to the Property. The extension and connection
of 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." During this
process Miller Farms agreed to approximately $35,000 in special assessments for extensions of
sewer and water; and ultimately, in 2017 Miller Farms purchased the outlot to the north of the
Property from the EDA in order to make it feasible to connect the Property to City water. Now
that it has done so, the City is denying water by claiming that the Property does not have
nonconforming use rights because the City did not approve the Well Permit Request. I have
included correspondence from March, May, and September of 2011to the City which
demonstrates the concerted efforts of Miller Farms to pursue a water connection.
Due to the fact that extension of City water was not immediately "feasible" without the purchase
of the outlot, the City was obligated to approve the Well Request Permit. Absent the
reestablishment of the well, there would have been no viable manner in which the Property
owner could have established water to the Property between the City's denial of the Well
Request Permit and the Rezoning Date. The City's conspicuously-timed denial, only weeks
before the Rezoning Date, smacks of a premeditated attempt to unlawfully deprive the Property
the right to reestablish water to the Residence, which was otherwise a permitted lawful use in the
A District. The City has subsequently relied on the fact that the Residence did not have water on
the Rezoning Date as the justification to not recognize legal nonconforming rights and to not
provide City water despite Miller Farms' continual efforts to obtain water to the Property,
including buying additional land from the City (per the City's initial direction).
Apple Valley City Council
October 10,2018
Paoc ?
Abandon the Residential Use of the
The staff report makes several references to the Property owner acknowledging the commercial
use of the Property as the evidence of a conversion of the property to commercial uses. Given
the nature of nonconforming rights, embracing the commercial use of a portion of the Property
does not preclude the legal nonconforming use of a different portion of the Property. Moreover,
there has never been any intent to "convert" the use ofthe property, as asserted by staff, or to
abandon the Residence. To the contrary, in the original purchase agreement between
Community Cares, Inc. and the estate of Sandra Jean Melby, dated October 28,2014 ("Purchase
Agreement"), the seller explicitly agreed to reconnect the water line, either through city water or
well water. (See enclosed Purchase Agreement.) At no time did either the seller or the buyer
intend to abandon the existing lawful Residence at the time.
Conclusion
The City has asserted that because the Residence did not have water on the Rezoning Date it was
not lawfully established and therefore it does not have nonconforming rights. However, the
Property did not have water solely because it had been unlawfully denied a permit to reestablish
a well on the Property despite having no alternatives, absent purchasing an adjacent property to
get City water. The City's position is untenable, unsupported by facts and law, and deprives
Miller Farms of its property. I encourage you to approve the appeal.
Sincerely,
Jacob W for
Larkin Hoffman
Direct Dral: 952-896-3239
Direct Fax: 952-842-1738
Email: jsteen@larkinhoffrnan.com
CC Joseph Miller
Pamela Gackstetter, City Clerk
Mike Dougherty, City Attorney
Sharon Hills, City Attorney
Bruce Nordquist, Community Development Director
'l-,:;n Lovelace, City Planner
48'10-3685-0548, v. 1
AFFIDAVIT OF BRIAN HARTMANN
STATE OF MINNESOTA )
) ss.
C0{.JNTY OF DAKOTA )
Brian Hartmann. being first duly sworn on oath states the following:
l. The undersigned is the owner of Hartmann Well Company.
2. On October 7,2014 affiant visited the properry located at 5751 l50th Street West
(the "Property"), in the Ciry of Apple Valley (the "City") to seal an old well, which had served
the single family residence ("Residence") on the Property, at the request of the Estate of Sandra
Melby, the then-owner of the Property.
3. In May 2015, at rhe request of Joseph Miller, on behalf of Community Cares, Inc.,
the new Property owner, afiiant requested a permit (the "Reguest") from the County to
reestablish the well on the Property to provide the Residence with water.
4. ln May 2015, shortly after submittal, the County denied the Request based on
what was described to affiant by the County m "direction by the City'"
Affiant sayeth not more
,{I l,/IL
Brian Hanmann
Owner, Hartmann Well Company
Subscribed and sworn to before me this
B day of October,20l8.
J
U Contirlor E8itr Jgt. 31, 8D
IOTARY PUEIIC . MIIS{ESOTA
L. SCHOENBAUER
4820-4108-6837. v. 1
PURCHASE AGREEMENT
Association ol HEALTOHSS,
of use or misuse ol this form.
REALTOBSo, Edina, l\4N
1. Date ol
2. Page 1 of
BUYER (S):
Buyer's earnest money in lhe amounl of
Street Address:57s1 150th Str eet W
.?i5?,11ffi]Agreement' Buyer and s-eller agree thal listing brokei shall oeposiiany-uarnest money in the listing brokeis trustaccount within three (3) Business Days of receipt of the earnest money or Final Accepiance Date ot this purchaseAgreement, whlchever is later,
said earnest money is parr payment ror the purchase of the property rocated at
This lorm approved by lhe Minnesota
which disclaims any liabitity arising out
@ 201 4 ftrinnesota Associalion ot
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City of Appre varley . , County of Daliota
said purclrase shall include all improvements, fixtures, and appurtenances on the property, if any, including but notlimited to, the following (collectively the "Property'): garden olros, prants, shrubs, treei, ano lawn watering system;shed; storm sash, storm doors, screens and awnings; window'shades, blinds; traverse,
"un"in, and draperyrods, valances, drapes, curtains, window coverings and t-reatments;towel rods; attached lighting and bulbs;fan fixtures;plumbing fixtures; garbage disposals; water softener; water treatment syslem; waler heating systems, healing systems;air exchange system; radon mitigation system; sump pump; TV antenna/cable TV Jacks and wlring/TV wall mounts;wall/ceiling-mounted speakers and_mounis; ."rp*tirg; *irrii.; gilg. doo, op"n"r" and all controls; smoke detectors;fireplace screens, door and heatilators; BUILi-INS; oisnwas[ersii"irig"rator"; wine/beverage refrigerators; trashcompactors; ovens; cook-top sloves; warming drawers; microwave ovens; hood fans;shelving; woik benches; inlercorns;speakers; air conditioning equipment; eleclronic air filter; humidifier/dehumidifier; liquidiuel ran-ks (and controls);poorspa equipment; propane tank (and controls); security system equipment; TV satellite dish; AND the followingpersonal property shatl be lransferred with no additional monetary valuu, und fr"" and clear of all liens and encurnbrances:
Qlgtg qf Minnesota, Iegaily described assEc"roN 25 T9lN 115'RANGE 20 PT oF E L/2 oF sE L/4 eoM 264 pr E oF sw coR N L65 FTW 48 FT N 285 FT E 350 FT S 450 FT TO S LINE SEC W 312 FT TO BBE SUB.] TO RD OVER0.384 ACS 261.1520
Notwithstanding lhe foregoing, leased fixtures are not included.
Notwithstanding the foregoing, the following item(s) are excluded from the purchase:
Four Twentv-Thousand
which Buyer agrees to pay in the lollowing manner:
Dollars,
1' C'ASH of ro percent (%) of the sale price, or more in Buyer's sole discretion, which includes the earnestmoney; PLUS
2' FINANCING of 'o . percent (%) of the sale price, which will be the total amount secured against thisProperty lo fund this purchase
with
45. The dale of closing shall be
42.
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Oj-u*eel orr+l
December '1 R 1(5t ,20 t4
lostatfuformsv
,
sellerhasagreedtosell thePropertylo Buyerfor,thesumof ($ 425,ooo.oo
)
Ifrrnd red
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52
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This Purchase Agreement f, lS^E lS NOT subjecl lo an Addendum to Purchase Agreement: Sale of Buyer's property_(Check one.)--_-
Contingencytor sale of Buyels property. (lf answer is lS, see attached Addendum.l
([l answer is lS NOT, the closing of Buyer's property, if any, mayslill affecl Buyer's abilitylo obtain financing, if financing
is applicable.)
This Purchase Agreement_E;:,"H,1119, subject to cancellalion of a previousty written purchase agreemeni
PURCHASE AGHEEMENT
46. Page 2 Date t )-zfi-zt tL(
Property located at 5751 1508b SEreets w AooLe Va1 tdr.r 55124
dated
-
,20
-.
(lf answer is lS, said cancellation shall be obtained no later than
i,.",*bdf,y".,"d s","*;?i","*rr::[i,jH:x:;:;:,':;iij,rnffx]1":]'"i?::l?,',lJ#li:'.lH:fi:li#
and directing all earnest money paid hereunder to be refunded to Buyer.)
Buyer has been made aware of the availabilily of Property inspections. Buyer ! Elects [J Declines to have a
-
--- - - - (C heck o ne, )- --
-
- -Property inspection performed at Buyer's expense.
This Purchase Agreement f] llE lS NoT subject lo an Addendum to Purchase Agreement: lnspection Contingency.
---(Ched< one.)--- '
(lf answer is lS, see attached Addendum.)
DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a (check one):
! Warranty Deed, fl Personal Representalive's Deed, fl Contract for Deed, f] Trustee's Deed, or
I other: Deed .]oined ln by spouse, if any, conveying marketable tifle, subject to
(a) building and zoning laws, ordinances, and state and federal regulations;
(b) restrictions relating lo use or improvement of the Property without effective forfeiture provisions;
(c) reservation of any mineral rights by the State of Minnesola;
(d) utility and drainage easements which do not interfere with existing improvements;
(e) rights of tenants as follows (unless specified, notsubjectto
ffir
(0 others (must be specified in writing)
REAL ESTATE TAXES: Seller shall pay on the date of closing all real estate taxes due and payable in all prior years
includlng all penalties and interest.
Buver sharr p"v.F_P.oR{A IISPII 9I *!f:}?E--_ _1r,Eg !*r._-.[ No rear estare raxes due
and payable in the year 20 14
Seller shall pay E pRORATEDTo DAy oF cLostNG
-12ths
OF E ALL f, ttO reat estate taxes due and
payable in . lf the closing date is changed, the real estate taxes paid shall, if prorated, be adjusted
tolhe new ropedy tax status is a part- or non-homestead classification in the year ol closing, Seller
ffisnell SHALL NOT
one.)---------
pay the difference between the homestead and non-homestead
77
78
79
the year 20 t4
closing date. lf the P
80. Buyer shall pay real estate taxes due and payable in the year {ollowing closing and thereafter, the payment of which81. is not otherwise herein provided. No representations are made concerning the amount ol subsequent real estate taxes.
82, DEFEBHEDTAXES/SPECIAL ASSESSMENTS;
83. E_?_y_81:11#*Y,8.-1E_1.!:1:I1L_.j_1Y on date of closing any derened real estate taxes (e.s., Green
84. Acres) or special assessments, payment of which is required as a result of the closing of this sale.
85 F _'-y_".__=.1.1IP__:.:!_LEr _yl!t.rlgl{1f_gilI:,"311:_g!_c_L_g_s_!gr::*ir_TALLfAy oN
86, DATE OF CLOSING all installmenls of special assessments certilied for payment, with lhe real estate taxes due and87. payable in lhe year of closing.
MN:PA-2 (8/14)
tostatfulormsv
PURCHASE AGREEMENT
88. Page 3 Date ib.zt*zot "l
Property located at 5751 150th SE,reet W Ie Valley MN s512489.
90.
91.
92.
93.
94.
95.
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f auven SHALL ASSUME ffisellen SHALL pAy on dare of closing all other special assessmenls levied as
of the date ol lhis Purchase Agreemenl.
F.:ll_=: s n l!:f:.u M E ffi s e rr e n
___-_-_.-___(Checlt SHALL PROVIDE FOR PAYMENT OF special assessments pending as
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of the date ol this Purchase Agreement for lmprovements that have been ordered by any assessing authorities. (Seller's
provision lor payment shall be by payment into escrow of two (2) times the estimated amount*ol the assessments
or less, as required by Buye/s lender.)
Buyer shall pay any unpaid special assessmenls payable in lhe year following closing and thereafter, the payment ofwhich is not otherwise herein provided.
As ol the date of this Purchase Agreement, Seller represents that setterf]fiAS Ejl5LIgI received a notce
regarding any new improvement project from any assessing authorilies, the cosls of which project may be assessed
against the Property' Any such nolice received by Seller after the date of this Purchase Agreement and before closing
shall be provided to Buyer immediately. ll such notice is issued after the dale of this Purchase Agreement and onor before the date of closing, then the parties may agree in writing, on or belore the date ol closing, to pay, provide
for the payment of or assume the special assessments. ln lhe absence of such agreement, either pirly may declare
this Purchase Agreement canceled by written notice to the other party, or licenseJrepresenting or assistingihe olherparty' in which case this Purchase Agreement is canceled. ll either party declares this Purchase Agreemenl canceled,
Buyer and Seller shall immediately sign a Canceltation of Purchase Agreement confirming siid cancellation and
directing all earnest money paid hereunder lo be refunded to Buyer.
POSSESSION: Seller shall deliver possession of the Property no later 153p imrediatley after closing.
Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT TNCLUDED HERETN from the Rroperiy
by possession date.
PRORATIONS: All interest; unit owners'association dues; rents; and charges for city watel city sewer, electricity and
natural gas shall be prorated between the parties as of dale of closing- Buyer shall [ay Seller for remaining gallons of
luel oil or liquid petroleum gas on the day ol closing, at the rate of the last fill Oy Seitei.
114' TITLE AND EXAMINATION: As quickly as reasonably possible after Final Acceplance Date of this purchase Agreement:115. (a) Seller shall surrender any abstract of tille and a copy of any owner's tille insurance policy for the pioperty, if116. in Seller's possession or control, to Buyer or Buyer's designated title service provider; and117. (b) Buyer shall obtain the title services delermined necessary or desirable by Buyer or Buyer's Iender, including1',l8- but not limited to title searches, litle examinalions, abstracting, a title insurance commiiment or an attorney,i'l 19' tllle opinion at Buyeis selection and cosl and provide a copy to seller.
'120. Seller shall use Sbller's besl efforts to provide marketable tille by the dale of closing. Seller agrees to pay all cosls121' and fees necessary to convey marketable tille including obtaining and recording all required documents, subject to the122. following:
123. ln the event Seller has not provided marketable title by the date of closing, Seller shall haVe an additional 30 days to124. make title marketable, or in the alternative, Buyer may waive litle defects by written notice to Seller. ln addition to125. the 30-day extension, Buyer and Seller may, by mutual agreement, further extend the closing date, Lacking such126. extenlion, either party may declare this Purchase Agreement canceled by written notice to the other pirty, o,127. llcensee representing or assisting the other party, in which case this Purchase Agreemeni is canceled. lf either128' party declares this Purchase Agreemenl canceled, Buyer and Sellershall immediatety sign a Canceilation of129. Purchase Agreemenlconfirming said cancellalion and directing all earnest money paid hereunderto be refunded130. to Buyer.
131. SUBDIVISION OF LAND, BOUNDARIES, AND ACCESS: lf this sale conslitutes or requires a subdivision of land132. owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmenlal approvals. Seller'133. warrants that the legal description of lhe real property to be conveyed has been or shall be approved ior recordlng as
134. of the date of closing. Seller warrants that the buildings are or shall be constructed entirely wiihin tne boundary li-nes135' of the Property. Seller warrants that there is a right of access to the Property from a public right-ot-way.
'136. MECHANIC'SLIENS:Sellerwarrantsthatpriortotheclosing,paymentinfull will havebeenmadeforall labor,materials,137' machinery fixtures ortools furnished within the 120 days immediately preceding the closing in conneclion with138' construction, alteration or repair of any structure on, or improvement to, the Property.
MN:PA-3 (8/14)
tlL"B!@
PURCHASE AGREEMENT
139. Page 4 Date llt-zo-Zo(t'l
140. Property located at 5751 1.50 th Streeh. W Ie VaLley MN 55!24
141' NOTICES: Seller warrants lhat Seller has not received any notice from any governmental authority as to condemnation142. proceedings, or violation of any law, ordinance or regulaiion. lf the Propeiy is subject to restrictive covenants, Seller143. warrants that Seller has 1o1 received any notice from any person or authority ", io " breach of the covenantr. eny144' such notices received by Seller shall be provided to Buyei immediately.
145' DIMENSIONS: Buyer acknowledges any dimensions, square foolage or acreage of land or improvements provided
149' oy seller, third party, or broker representing or assisting seller arJapproximail. Buyer shall verify the "".rr""y oi147. intormation to Buyer's satisfaction, if material, at Buyer,slole cosl and expense.
148' AccEsS AGREEMENT: Seller agrees lo allow reasonable access to the Property for performance ot any surveys or149. inspections agreed to herein.
150, RISK OF LOSS: if there is any loss or damage to the Property between the date hereof and the date of closlng for any151. reason, including fire, vandalism, flood, earthquake or act oi God, the risk ol loss shall bL on Seller. lf the Froperty'152' is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, at Buye/s option,153. by written notice to Seller or licensee represenling oi assisting Seller. lf Bu-yer cancels lhis purchase Agreement,154' Buyer and Seller shall immediately sign a Cancellalion of Pulchase Agreement confirming said canceliation and155' directing all earnest money paid hereunder to be refunded to Buyer.
156. TIME oF ESSENCE: Time is of lhe essence in this purchase Agreement.
157' CALCULATION oF DAYS: Any calculation ol days begins on the first day (calendar or Business Days as specified)158. following the occurrence of the event specified and includes subsequent days (calendar or Business biy as sbecifieJj159. ending at 11 :Sg P.M. on the last day.
160' BUSINESS DAYS: "Business Days" are days which are nol Saturdays, Sundays or state or federal holidays unless161. stated elsewhere by the parties in writing.
162' RELEASE oF EAhNEST MoNEY: Buyer and Seller agree that the listing broker shalt release earnesl money lrom the163. listing broker's trusl account: 1) at or upon the successful closing of the Property; 2) pursuant to written agreemenl164. between the pafties, which may be rellected in a Cancellation oi Purcha"" Agr""r'";.,1executed by both Buyer and'l 65. Seller; 3) upon receipt of an affidavit of a cancellalion under MN Statute ssg.[17;or 4) upon receipi of a couri order.
166, DEFAULT: lf Buyer defaults in any of the agreements herein, Seller may cancel this purchase Agreement, and any167. payments made hereunder, including earnesi moneyl shall be retained by Seller as liquidated dimages and auyer168. and seller shall affirm the same by a wrifien cancellition agreement.
169. lf Buyer defaults in any of the agreements hereunder, Seller may terminate this purchase Agreement under the170. provisionsoleitherMNStatute55g.2l orMNStatute55g.2lT,whicheverisapplicable.lf eitherBuyerorbellerdefaults
1 7'l . in any of the agreements hereunder or there exists an unfulfilled condilion afier the date specified for fulfillment, either172- party may cancel this Purchase Agreement under MN statute 559.217, subd. 3. whenever lt is provided hereln that173. this Purchase Agreement is canceled, said language shall be deemed a provision authorizing a Deciaratory Cancellalion174. under MN Statute 559.217, Subd. 4,
llI ll this Purchase Agreemenl is not canceled or terminated as provided hereunder, Buyer or Seller may seek actual176' damages for breach of this Purchase Agreement or specific perlormance ol this purbhase Agreement; and, as to177. specific performance, such action must be commenced within six (6) months after such right of action arises.
LK-TFIROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO
IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF
BUYER HAS RECEIVED A (check any that appty):@ DlscLosuaE ITATEMENT: IELLER,s pRopERTy oR Ax D/sclosuRE ITATEMENT: IELLER'I DtscLosuRE ALTEBNAT/yEs FoRM.
DESCRIPTION OF PROPERTY CONDITION: See Disclosure Statement: Seller's Property or Disclosure Statement:,XrltrrfxXtrffiOfdWtsNfiIfffXfor description of disclosure responsibilities and limitation", it any.
BUYER HAS RECEIVEDTHE INSPECTION REPORTS,IF REQUIBED BY MUNICIPALITY.
BUYEB IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDING THE CONDITION OFTHE PROPEFryAND ITS CONTENTS.
181
183.
184,
185,
186.
187.
178. BUYER HAS THE RIGHT TO A WA
179. ESTABLISH THAT THE PROPERTY
180, THIS PURCHASEAGREEMENT.
ol-
MN:PA-4 (8/14)
.-
tostarfuIormsv
PURCHASE AGREEMENT
188. Page 5 Date I b-28-z ot ,l
189. Properg located at 5753. 150th StreeE w Apple Vallev r,rN 55L24
206. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: lnformatlon regardlng the predatory otfender207. registry and persons registered wlth the predatory offender reglstry under M N Statute 243.1 66 may be obtained
208. by contactlng the local law enforcement offices in the community where the Property is located orthe Minnesota
209. Departmenl of Gorrectlons at (651 ) 361-7200, or from the Department of Corrections web slte al
21 0. www,corr.state.mn.us.
21 1. HOME PROTECTION/WARRANTY PLAN: Buyer and Seller are advised lo investigate lhe various home protection/
212. warranty plans available lor purchase, Dlfferent home protection/warranty plans have different coverage options,
213. exclusions, limitations and servlce fees. Most plans exclude pre-exlsting conditions. (Check one.)
214. A A Home ProtectionMananty Plan willbe obtained and paid bynBUYER SELLER to be issued by-
onc.)------
215. al a cosl not to exceed $
216' E No Home ProtectionMarranty Plan is negotiated as part of this Purchase Agreement. However, Buyer may elect217. to purchase a Home ProtectionMarranty Plan.
90- (Check appropriate boxes,)
91. SELLEH WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO:
e2. crTy sEwERfvesfl ruo I ctrywArEB[]vesfl ruo
SUBS URFACE SEWAGE THEATMENT SYSTEM
SE.LLER @ oors f ooes Nor KNow oF A sUBSURFACE sEWAGE TREATTuENT sysrEM oN oR_ *__-_- (c hed on e. )-_ ___- _-_
SERVING THE PROPERTY. (lf answer is DOES, and the system does not require a state permit, see Disclosure
Statem ent: S u bsurface Sewage Treatment System.)
PRIVATE WELL
SELLER @ ooes ! ooes Nor KNow oF A wELL oN oR sERVING THE pRopERTy.
- _ _ _ _ __ _-(C tl€,d( on e )-_. __ ___- _
(lf answer is DOES and well ls located on the Property, see Disclos ure Statement: Well.)
THIS PURCHASE AGREEMENT E !S E tS NOT SUBJECT TO AN ADDENDUM To PIJR1HA1E AGREEMENT:
-----(Che* one.l---
S U B S U R FAC E S EWAG E TR EATM E NT SYSTE M A N D W E LL I N S P ECTI ON CONTI N G E NCY,
(lf answer is lS, see attached Addendum.)
IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM ExIsTS oN THE PHoPERTY, BUYER HAS
BECEIVEDA DTSCLOSTTBESTATEMENT:WELLANDIORA DTSCLOSURESTATEMENT: SUBSITRFACESEWAGE
TREATMENT SYSTEM,
1 93.
194.
1 95.
196.
197.
198.
1 99.
200.
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202.
203.
204.
205.
21 8.
219.
220.
221.
222.
223.
Eric A Ruud
NOTICE
is @ Seller's Agent I Buyer's Dual Agent I Facilitator.
(Licensee)
ToD Not.ch.eE & Realty
(Real Eslate Company Nams)
Rick Moradian ts Seller's Agent tr Buye/s Dual Agent ! Facilltator.
(Lhensee)
PE.q Re.'t l-w
(Beal Eslate Gompany Name)
THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REOUIREMENTS,
MN:PA-s (8/14)
'ffilg
PURCHASE AGREEMENT
224. Page6 Date
225. Propenv located at 5?51 1s0 Eh StreeE w le Va].ley s5L24
246' CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively increase the
247 . cash outlay at closing or reduce the proceeds from the sale.
248. ENTIRE AGREEMENT: This Purchase Agreement and any addenda or amendments signed by the parties shall249. constitute the entire agreement between Buiyer and Seller. Any other written or oral communliation between Buyer and250. Seller, including, but not limited to, e-mails, lext messages, or other electronic communications are not partol thls251' Purchase Agreement. Thls Purchase Agreement can be modified or canceled only in writing signed by Seller and252. Buyer or by operation of law All monetary sums are deemed to be United States currency for purposLs of this purchase
253. Agreement.
254. ELEGTRONIC SIGNATUHES: The parties agree the electronic signature of any party on any document related to lhis255. transaction constitute valid, binding signatures.
256' FINAL ACCEPTANCE; To be binding, this Purchase Agreement must be fully executed by bbth parties and a copy257. must be delivered.
258. SURVIVAL: All warranties specified in this Purchase Agreement shall survive the delivery of the deed or contract259. for deed.
260. OTHER:
226, DUALAGENCYREPRESENTATION
227, PLEASE CHECK OruEOFTHE FOLLOWING SELECTIONS:
228. BDual Agency represenlalion D1ES NOT apply in thls transaction. Do not complete lines z2g-24s.
229- ZDual Agency represenlation DOES apply in this transaclion. Comptete the disclosure in lines 2gT-24s.
230. Broker represenls both the Selle(s) and the Buye(s) of the Property involved in this transaction, which creates a231 . dual agency. This means that Broker and its salespersons owe fiduciary duties to both Selle(s) and Buye(s). Because232. lhe parties may have conflicting interests, Broker and its salespersoni are prohibited lrom advocating exciusively for233. either party' Broker cannot act as a dual agenl in this transaction withoul the consent of both Sele(i1 anO Auyer(s).234. Seller(s) and Buyer(s) acknowtedge that
235.
236.
237.
238.
239.
240.
241, With the knowledge and understanding of the explanation above
242. and its salesperson to acl as dual agents in lhis lransaction.
, Selle(s) and Buyer(s) authorize and lnstruct Broker
I243. Seller Buyer,
244. Seller
(1) confidential inlormation communicated to Broker which regards price, terms, or motivation to buy or sell will
remain confidential unless Seller(s) or Buye(s) instructs Broker in writing to disclose this information. Other
information will be shared;
(2) Broker and its salespersons will not represent lhe interesl of either party to the detriment of the other; and(3) wilhln the limits of dual agency, Broker and its salespersons will work dillgently to facililate the mechanics of
the sale.
245. Dare \ oate
261.
262.
263.
264.
265.
266.
267.
MN:PA-6 (8/14)
ItrBlg
lh.n-f,-lt4
PURCHASE AGREEMENT
268, PageT DaIe i {t -z-4-Lot ,/
269. Property located at s7 51 l.50th Street. W Apple Vallev MN 55724
270. ADDENDA AND PAGE NUMBERING: Attached addenda are a part of thls Purchase Agreement,271' Enter total number of pages of this Purchase Agreement, inctudlng addenda, on llne two (2) of page one (1).
272. NOTE: Dlsclosures and optlonal Arbltratlon Agreement are not part of this Purchase Agreement and should273. not be part of the page numbering.
274- I, the owner of the Property, accept this purchase
275. Agreement and authorize the listing broker to withdraw
276. said Property lrom the market, unless instructed
277. othewvise in writing.
278. I have reviewed all pages of this Purchase Agreement.
n9. J lf checked, this Purchase Agreement is subject to280. attached Addendum to Purchase Agreement:
281 . Counteroffer,
I agree to purchase the Property for the price and on
the terms and conditions set torth above
I have reviewed all pages of this Purchase
Agreement.
di -.
Esta t f Sand Je Mel-b
282. X x
Signature)(Oate)(guye/s Signature)
283. X x
(Sellels Printed Name)
284. X
(Marital Status)
285. X x
(Sells/s Signature)(Date)(Bu),e/s SiEnalure)
286. X
(Sellels Printed Name)(Buyefs Printed NamB)
287. X x
(MaritalStalus)(Marilal Statusl
288. FINALACCEPTANCE DATE:
289. is the date on which the fully execuled Purchase Agreement is delivered,
-/f
(Date)
x
(Oale)
The Final Acceptance Date
290.
291.
THIS tS A LEGALLY BIND]NG CONTBACT BETWEEN BUYEH(S) AND SELLER(S).
IFYOU DESIRE LEGAL ORTAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
292.
293.
294.
IACKNOWLEDGETHAT I HAVE RECEIVED AND HAVE HADTHE OPPORTUNITYTO REVIEWTHE DISCLOSURE
STATEMENT: ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT,
2e5. SELLER(S) By:
2e6. SELLER(S)
D IS NOT PART OFTHIS PURCHASE AGREEMENT.
BUYER(S)
WHICH IS AN OPTIEstat ONAL, VOLUNTAHY AGREEMENT ANe of Sandra Jean Melby
BUYER(S)
MN:PA-7 (8/14)
'?o"B@
comu[it'w Car6E Inc.
(Buye/s Prlnled Name)n r,4l*
EIHSffiwW
ADDENDUM TO PURCHASE AGREEMENT
This form approved by the Minnesota Association of REALTORSo.
which disclaims any llabllity arising out o, use or misuse of this form.
@ 201 1 Minnesota Association of REALTORS€, Edina, MN
'1 . Date
2. Page
Addendum to Purchase Agreement between parlies, dated ,2o
-,
pertaining to the
purchase and sale of the property at 5751 150th StreeE, W
AppLe Va11ey, MN 55124
ln the event of a conflict between thls Addendum and any olher provision of the Purchase Agreement, the language
in this Addendum shall govern.
Buy€Er?FA-SeIIer agiree to enter into a contract for deed to be drafted
by ffi*#ts "attorney. The'basic termE are going to be as folLows:
lBthr-L0% down at, lst cJ.osing on December:Orrar 2014
-The final closing shall be on or before May 1st 2015.
L0/28/L4
3.
4,
5.
fi,t
12. {he contract for deed sha1l be in the format as set forth in the attached Bhibit A.'t
. -Upon acceptance of Purchase agreement, selIer shalt provide a list, of "d13' alL contracts Eeaants and verbal agreement,s with rent,irs on properLy. .Ctt+. n tx*.r :t ist_+xp+*ded..r-f \
15' -Se1ler agrees to reconnect water l-ine, eit,her city or well water. To
16. be paid at cloeing by selLer. ,foe MiLler agrees to contract the work on
4a Eellers behaLf and take respoasibiliEy for bill if PA wae Eo bett' terminated.
18.
19.$..,..p r G
^ol<rd- 1{ f
\ft.11.<c a '{""
C I oS;'..5
{.-
(raba'f{
*o <v\tnA- + V\{ Ccrtfrqcf
dotle is )r2 1a'1n*' gl'v< lor\dt
c,r*
24.
25
27.
28.
29.
30.
31,
32.
33.
34:
- This Purchase Aqreement is conditioned upon Deborah L. Juenke being appointed
by the Daitota Countyr Minnesota Probate Court as the Personal Representative
oi Setter and upon.such appointment ratifying this Agreement on behalf of the
Estate of Sandra Jean Melby. A heariing concerning such appointment is
scheduled on December 11, 2074.
- Buyer waives any requirement that Seller obtain and provide to Buyer any private
or subsurface selrage treatment system inspection or reportr Buyer agreeing to
ta]<e the presently existiBg;;such system in its "as is" coriditton.
&fuf.t 6{ San&."- Lq.ar'
-$gq nr,tffLa.h /vt-TJ"-L llb9i)(Dale)(Buyer)
(Date)
THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS,
IFYOU DESIRE LEGAL ORTAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
(Saller)(Date)
/ r-J?-/ /
MN-APA (8/11)
,trH€Y
\
K.w&*kek
l..,ar*ier }lolTma*.
8:Jtl0 Norrlan Ctn:er l)rive
Suit* l{}00
ivlirr rr*ap*1 is, ld i n &rsora, 7 4 -17 -i* 6A
*i{;i6r: 912 ti35 :J${}{}
,r\: 912-89{;-1133
vt.*, rvww.larkinherffrnall.conl
S*pt*rnher 15,2()17
Rruce ldordrluist
Cornmunity l)evelopment l)ii ector
Cit3,' o1' Appl e Valle3,
7100 l4th Street West
Apple Vall*y, l\,1N 55 1 24
l{e:Miller Fanas oJ. Lakeville, LLC: 5751 150tli Street West
Our l'ile #4*,236-0t)
Dclr Mt. Nordquist:
We represent fulillel Farms of Lakeville ,I J.C ("N{iller Far:r:s") regardirrg the lblmer ,\4elby
hom*stead located ai 5751 150th Street West (the "Property") in the City of Apple Valley (the
"City"'). 'I*his lettel collstitutes a fbrmal l'equest fbr a decision oithc Cit,v's Zoning Adrainistrator
colfirming the legai nonconfbrming statr.rs of several uses on the Property, inclrrding lhc single
family clu,elling {the "Residence"): outcioor storage ol'recrcational v*hicles and trailers; liglrt
r,*hicle nraintenance; and agricultural use.
R:ulglsutg
1. $irlqlllllJsa
'fhe Property *onsist.s of: 1) the Residerrce;2) sevei:al outbuildings a:rd a iarge gravel parking
arca used for outdoor vehicle storage of tmilers, recreational r,ehicles. and tractor trailers; and 3)
v;l:icus aglicriltural uses. J'he Property has been used Lry Cortmunit-v* Care$, a non-profit
asscciated with h..liller Farms, since l)ecember 18, 2014, r.vhen the organizatirxi purc.h*rsed the
Prcpe::ty. In L4ay 2016, lVtiller l'arms purchased the Prope(y fiom Communiiy Clal'es. 'l'he
l{esidence on ilre Plr:perty has been occupied interitittently ovel the pasi se veral years, bul the
Properr3,.lras not hacl a water source since the weil r,vas cappecl ir-r th* surnlller of ?0i4. The well
lv*s cappeci r,r,il} the inlent of' selling tire Property to a local clurt'ch. 'I'he saie tr: rh* church cliei
not occuL, and despite repeated effc'rts 'n-r,, Miller }i'alms and Ccn:munity Claras to reestzrblish the
r,r,eLi rin s*verai occasiorx in Ma-v o{'2015.1he Cit,v ilas denied all such rcquests.
'). Rezoni*g
On .]upe 11, 1015, ihe Cit3., rezoncd the Properrty l}un Agr:icnltural (A) I-)istrict to lSnsinrss Parii
(131)) Distrir:t" purpofi*dl_v to malte tire zoning ':f the Prr:i:erty consist*:nt ra,:ith tlt* 2030 Cnntp
P16:: lancl use designaticn o1"'lndr*trial." There ate $eversl pre-existing l*nd uses that rlcctll'f i:cl
olt tlie Pr*pen3.'plir-:l'to and afle:: it rryas r*zon*d, including orrlcir:or sicmge oi reeleatir:nal
IJruce Nordquist
September 15,207'7
Page_2.
_
vehicles, traiiers and equipment, agricultural activities, light vehicle rnaintenance, and the
Residence. Tires* uses \.ver:e establisherl on the Property tbr several clecades, consistent with it^s
luse as an agricultural property in the A l)istrict. Scveral of the uses, including tlre Residsnc.e.
outcloor storage, anrl agricultural uses lvcre explicitly permitted in the A District but prohibited in
the IIP District.
Du* to the eontinued use of the Property for these uses and the ahsence o1'an overt act to forf'eit
nonconformirrg r:ights to the Residence. l\4iller Farms is seeking a lormal deteunination fi'onl the
Zr.tning Adrninistrator that the ibllowing uses arc legal nonconi'orrning uses in the Property:
A single-firmiiy residence;
Outdoor storagc of recleational vehic,les. trziilers, and eciuipment;
Agricultural uses; and
I-,i glit vehicle maintenance.
D sslon
1. L.,egai Standard: Nonconformins Ijsqs and St[rqiu{gs
tinder the City Code, "Any siructure or use lawfully existing upon the ef-fective date of this
chapter or an ar)lendment thereto, may be oontinued at the size and in a rnallner oi'operatiorr
existing npon the eft'ective date oi the city zoning rcgulation, except as hereinafter provided."
When any nonconforming use o1'any structrre or leurd in any districl has been changed to a
conltir:rning use or is rliseontinued tbr a period of more than twelve nlonths, any future use o{'the
building or structure or land must comply r.vith the City Cocle. City Code Sec. i55.330^
Ir{innesota la,uv similarly provides that "any nonconformity, incluciing the lawlhl use or
occuptrtion ol.land or premises existing at the tinre of the adoption of an additional control under
this chapter, may be continued, including through repair", rclrlacement, restoratiun, nlaint*nance,
or improvenrent, hut not including expausion, unless . . , the noncclnforinity or occupancy is
cliscontinued for a period of more than one,vear." Ivlinn. Stat. Sec. 462.357, subd. ie.
[Jnder Minnesota law, abandonmeflt or discclntinuailce ol'a nonconfbnting use requires tu'o
&rciors "1l) the intentto ahandon; and (2) an overt act or failure to act indicatingthe o'nnet no
Itrrrger claims a right to thc noncont-olrning nse," Il*e.feb v. ('it1; rsi'I:,ien Pruiria, I 999 Wl-
507693" at ''3 (l\4inn. Ct. ;\pp. July 20. 1999).
2. J-ap'fi:l E;t"ab_lithm_e_r:i"a@
a. Residcnce
Pi'icir to the rezoning, the Property \ffas previously zoned Agriculture (A) District. Lt the A
l)istrict, single t-amiJy dwelJings are a permitteri use. (Jity C'crde -tec.. 155.020. 'l'hcr* is no
Iirertual dispute that the Resiclence on the Propert-v 'was larvlirll."- esiat:lished as a single [arnil:-
a.
tr.
c.
d.
Llrucc Nordquist
Septemher 15, 2017
Page 3
dwelling prior to the City's ailoption of the A District. ll'he Residence remainecl a permitted use
and lau,fully establislied use until June 11, 201-5, at r,vhich time it became a nonconforming use,
b. Agricultural Uses & Light Vehicle Maintenance
I'he Property has historically been used as the Melby farm homestead. Fror many years, that
included {irrming in the inunediate vicinity, including ancillary agricultural activities on the
Property. incluciing vehicle and equiprnent stol'age and maintenance. slorage of fhrtring supplies,
gardens, and agricultural plantings. Ail u-ses ancillar,v to agricultural uses are consistent with the
A Distlict, which broadly allows "all type*r of'agdcultural pursuits" and "commercial
grcenhouses and nurseries." City Code Sec. 155.020. 'I'hese uses remained permitteci uses until
June 11, 2015, at which time they became nonconlbrming uses,
c.Outdnor Storage
The Property has been used ibr outdoor storage of recreational vehicles, trailers, and equipment
since as early as the 1950's, based on aerial photos. This use is consistent with the agr:icultural
character o1'the Froperty and was an allowed use that predates the establishment of rhe City in
1914" and the establishrnent of tlie City's zoning code governing land uses o1'the Property.
3. Uses Not Abandoncd
The law requires the intent to abandon nonconfolming rights. Ne.ithcl Community C)ares nor
L{illel Farms lias had any such intent to abandon tlie Residence as a single-family dwelling.
Pursuant to staff reports ancl other ret-erences, the City nppearsto have t*.hen the pr:sil.ion that
hecause the Residence u.ra.s not occupied prior to the rezoning tlrat it has no legal nonconfonning
rights. Ilowever. the mere \racancy of a nonconfonning use is not suflicient to constitute a loss
of not:*onlbrming rights. The well w'as capped in the summer of ?014 to prepare the Property
for a sale. At that tirne, the Resiclence was a pern:itted use in the A District. When lhat sale
fuiled 1o courrnence, Community Cares purchaserd the Property lvith the intent to reestablish the
i{esidence as a single-tamily dwelling, a permitted use at the time. fuiiller Farms ancl
Cornmunity Cares repeatedly sought to reconuect the well for the llroperty prior to the rezoning,
Several ef{hrrts to connect the Residence to the existing rveil were made in May of 201 5, prior fa
the rezoning in June 2015. N'lore recently, the eilcrrts have been to obtain a City waler
ctnneclion. On Augrist 30, 2017, Miller Farms accluired Outlot C from the Liily's Flconomic
flevelopment Authority to ailclrv for r.viller io the Propert_v after more than two yeals of
neg<ltiations with the City.
Siimilarly". neither Clommunit), Cares nor Nliller lrarnrs has had any such intent 1o abandon the
outdoor storage" liglrt vehicie mainterrancc. ond agricultural uses of the Property. I'hese uses
have been conlinlrously crperated on the Propertv hotli [:elore ar]rJ allcr the3, her:ame iegaii,v
noncon{blming" Agricultural uses oo thc Property have hr:en lirnited since th* vvaler vvers
discontinuecl. but Miller [i'arrns intends to estahlish sevrral tree planrin.gs on tire Proirer"t-v for
agric,ulturol purposes.
I"Jmce Norclcluist
Septernber 15,2017
Page 4
Neither il,{iller: Fiums nclr Commrmity Cares had ol exhibited any intent to abanclon any ol't}re
nonconfbrn'iing uses on thc Property. To the contrary, botli organizations made concerted eftbrts
tcl rnaintain rvater service and continue rcgular use <llthc. Residence, ttlrd have c,ontinued to use
th* Property for outdoor storage of rccreaiional veiricles. trailers, and equiprnent, agt'icultulal
uses and light vehicle nraintenance.
4. No ovefl act or failure to act indicaliug lhs orainer,no-long-e]L sloims-a t-iebllp-tbg-
nonconlormiEuse.
ln addition to an intent to abandon noncontbrming rights, rvhich was not present here, the lalv
requires an ovefi act or {ailule to act inclicating the owner no longer olaims a right to the
trouconfbrming use. No such act or failure to act has ocourreci. 'Ihe rnere vacancy of the
l{e.sidence does not constitute a failure to act, as the Property was activcly marketed for more
than 800 da.v's by the previous o\I?ner as containing a single-family dlvellin-e. Nrloreover, cluring
this lirne. the Prnperty was used for agricultural uses. c.rutrloor storage of vehicles, and light
veliicle rnaintenance, This active rnarketing and use of the Ploperty is a clear indication that the
owner intended to retain the Plopety's nonconfbrming rights.
Similarly, the removal of the Property's weil 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 itsell'was a permitted use in the clisirict, nnt a noncorrforming use. and Community Carss
sought to reconnect the well bctbre the Propert,v \\i.is rezoned. Community Clares and l\{ilier
Farrns continued to seek water firr the Residence before the rezoning and after, and cttntinued tcr
seek r.vater acccss until August30.2017, when Miller Fetrms :rcquired such acces.s thr:<lugh Outlot
Cl. Accordingly, there has been no overt act or lailure to act indicating that the owner cedes anY
rights to the nouconforming u.ses.
(lonclusion
Millsr F'arms i"s seeking a f'orrnal detennination from the City"'s /"oning Administrator con{irming
that nonconlirrming uses of: 1) the Itesiderlce ers a single-lamil.v clwelling; 2) the outdtlor storage
of recreational ve.hicles and trailers; 3) light vchicle maintenance; aucl 4) the agricultural use.
Notu,ithstancling the per:iod of'non-occlrparlc)' of tlie Residence atrcl the lack of rvater to the
Property, at no point has the propert,v owller hacl an intent to abandorr the Resiclence or other
uscs-. rlol' has there been an ovel't ect or I'ailLu'e to act that would inilicate the owner no longer
clairns ir right to thc noncoutbnning uses.
I appreciate ),our attention to this matter ancl look tirrward to coniirmation of the Zoning
Aduinistlator's de terrninzriion in writing.. l)le;ise contact nre wjrh auy cluestiotts about this letter
or the iniblntation contaiucd iret'cin.
Brucc Norclquist
September 15, 2017
f)loe irG5!r
Sincerelv,
.lacob W. Steen.
Lnrkin Hollman
Direct Dial: 952-896^3239
f)irect lrax: 9 -\2-842-1738Bmail: -isteet(!!)larkinhoffman.com
cc Sharon l{ills. City Attorney
'I'anrara 0'Neill-Moreland" Larkin Hoffmiin
4841-3321-2104,v. i
:
LarkflaaKfi*fus Larldn Hoffinan
8300 lrloirrrarr (l*nter l)rive
Suite 1000
L{innralrolis, Minlrsnte 55il^:)7 .1il150
ilrNrkar: 912-835'3800
rAX, 952"-8:)(;-3333
rrr: wwrv.larkirrhoffn:arr.;om
NIay 22^2017
Sharon IIills
Dougherty. L4eilenda, Solfest,llills & Bauer P.r\.
14985 Glazier Avenue, Suite 525
Apple Valley, fu{1.,1 55124
Re Milier liarms of Lakeville. LLC: 5751 150th Stleet West
Our File #40,236-00
Dear Ms. Ilills:
We represent Miller Farms of Lakeville,l,T,C: ("Miller Farms") with rcspect to the propefiy
located at 5751 150th Street West (the "Property") in the City of-Apple Valley (the "City")'
Pursuant to my lv{arch 27,2A17,corrcspondence, and our subsequent discussion on April 24,
2017, I\4iller Farms is seeking an extensicln oli City water to the Plopertry over the cutlot
irientitleil as Outlot C in the \ralle-v Business Park Plat (the "Outlot"), which is owned by the
City' s E conomi c Development Authori tv ("EDA").
'I'he Cit_v has identitied two alternatives to allow Miller Farms to establish a water cottnectiolt
between tlie Property ancl the rvater rnain sitLrated in Energy Drive right-of-way' "fhe frrst is to
construct an extension of the water main through a City utility and drainage easem*nt (the
"Eassfl1ent"). Alternatively. Miller Farurs would purchase fbe title to the Outiot fi'om the EDA
and construct the water extension through the Outlot.
l\{iller Farms is amenahle to furlher discussions rvith the EI)A to prtrchase lhe Outk:t. Howev*r"
the seiler contiugencies previonsly proposed by the EDA. reqniriug removal ol rtouconttx'mities
on the Property, ale unacceptable to lv{iller Farnts. Please confinn whether the }iDA is agreeable
to sell the Outlot to Miller Far:::rs vrithout the seller contingencies previously re<prested i-:-v tlre
EDA. If the l-ll)A is unvo,illing to remove such contiugencies for the sale of the Outiot" lVlilier
Fanns rvill sr.rbmit tlre necessaly raaterials to coristruct the water connection thrOrtgh the
Easement.
Please contact me rvith anv questiorrs about this letter. I look foru'ard to your response
Apple Valley, MN 55124
May 22.2017
?age2
Sircerely
Jacob W. -(fcr
Larkin Ilof}nan
Direct Dial: 953-896-3239
I)irect Fax: 952-842-1738
Ilmail: isteen{Olarkinhoffman.com
Joe Miller. Miller Farms of Lakeville, LLC
'l'amara O'Neill Moreland. Esq.
4845-'1851-0920, v. I
&ar[ri"a"cxnffisp Larkin l'Iallrnar
8300 Nornran Centrr l)tive
Suite 1000
Mirrneapolis, Minnrlcotir 55 437 -106t
Gsiir${r: 952'831 lB00
lAx: 9fl'896-3333
w r [: .x',vll'lat lli:rhri{Tnra n.r:oilt
Ir{arch 27 " 2017
Ir,[att Ssranr, Puh]ic Works Dircctor
Ciry oi Apple \rallel
7100 147'h Street W.
Apple Valley, I\4N 55124
I{.e: Ivliller F'arms o1'l,akevil}e; Our File #40,236-00
Dea.r l)irector Saam:
I'his larv f*rrm represents Miller Fanns o1'l,akeville, LLC ("Miller F'ar.ms") rvith respect to the
properry locatecl at 575 I I 50th Street West (the "Property"), in the City of Apple Valley (the
lCiiy,'1. This cr:rrespondence concerns access to water for the Property. Miller Iarms is seeking an
"^t*nrio,,
o i City water to the Property over the outlot identified as Outlot C in the Valley Bttsine ss
park plat (,,outlot c"), owned by the city's Economic Development Authority (EDA). in the
alternative. il.the Cit), refuses topermit the extension 01'nater sefvices to the Property' we hereby
clemancl the City immediirtel-v iszue a permit to reestablish the well on the Property consistent with
the City ordinance.
Ilackground
T'he property is currentl,v serveel by a functioning septic system. Ilowever, t}ere is no curl'ent water
source tlue to the City's unwillingness to leestablish the well on the Propert,v or extend water liont
the City's trunk lines. Miller-Faflns has i'epeatedly sought perrnits from Dakota Cotluty to reopen
thc lveil; however. Dakota County has reiected the permits at the alleged dilection of the City. TI')e
Ci4, has cletelnined that the sewer anci u,ater connections are "accessible" to the Property throtrgh
Ouilot C. i.vhich preclucies a lrrivate rvell under the City Cocle. Miller Farms had previously agteed
to purchase Ogtlot C fiour th; ijDA but was fbrcerl to withdraw from the purchase after the Cily
aftempteri to c3n{iti61the sale on several unacceptable contingenr-ies related to the use ol'tlte
l]roperty. in orcler t() cover. the costs o1'an extension to the Pt'opert-v. Miller liarnrs has w'aived its
r;g5ts tu appeal sFecial essessment-( citarges by the City tbr connectiotls tr: tire sewer a:rd rxater
system iu tltc arnount of $34,!)92.25.
'I'he City Co<ie slntes that private water and sanitary se\ryst: sl"stems ale prohibited o'excepl iu sases
where fhe public rvarcr gr .sewer sysrem is not nccessible to the premiscs rvhere the pi'ivate systcms
,.r* ,...1.,*rt*d..' C)ity., Oode Sec. S i .+ t . lf the City tletermines that it is not "f'easible" to connect thc
applicarrt's propert.v 1o the rnr.uricipal rvster or sanitar.v- se\Yer "the applicant shallbe grilntcd a
pei6rit to initail a privale watet' system or indiviclual sewagc treatmcllt sr-stem. Sec' 51 '41' Ort
b"bruary B,z01z, t;iles Brothers Irxcavating submitte<1 an applicaticur ou behalf ol'Millel'Farm ttt
connect 10 rhe Ciry sewor. '['o c1arc, the reqricst has not beetr granted. Accordingly, we demand the
Cily author.iz* a couucctiou fi'onl rlrc I'ropclty to thc L'ity's waler servic(: oYCr Outlot C. lf thc Citv
I4att Szram. Pr.iblic Works l)irector
Nlalclr 27 ,2017
I)age 1
refuscs to autliorize the connection. u,e expect tliat it wil) gr:ant a permit to re-estahlish the well"
pursuant to City Code.
Discussiorr
The Clit5,must either demonstrate that the r,vater connestion is l'easible or approve the well pertnit.
There are three approaches available to the City: extend waltcr to the Propelty via the Clitv's
casclnenr over Ouilot C; seli t)utiot C to Miller Farms without couclitions; or approve a r'vell peulit
tbr the Property'.
I. lixtcncl Water via Cit"v's Easement On Outlot C.
In March 6f2015. the EDA granted a utility and dlainage easement to rhe City (the "Easement='),
recor.decl as l)gc. No. 31675j4, recr.rrded on f)ecetnber 19, 20.l6. The l-iasen:ient allows the Cit-v to
"enler upon the Property at ail reasonable times to construct, repnir and maintain pipes' conduits,
alcl rnains" over Or,rtlclt C. Undel this easement, the City has the authority to authorize the
extension of the watcr service to connect to the Propertl, without requiring that Miller Farms
purchase an easemellt or fee title in tlie Outlot Cl.
2, Extenrl Water to the Propertv via Sale of Outlot C'
As an alter-native to provicling water access via the City's easemcrllt, Ir4iller Farms is agreeablc to
lgr:ther discr:ssions with the City.''s EDA to purohase ol'Outlot Cl. Millel L'arms had previously
sought to purchase Outlot C in fee title fiorn the EDA to ensure access to City watcr- 'l'hat sale was
.,ouiirg"ni on several conclitions that are unacceptable to lvtiller Farnts, including the lbllow'ing:
. I]uyer removing all items (movable property and vehicles) stured outside on the contlguous
properl.)i ownecl and controlled by Buyer'
. Buyer vacating or causing the vacatiott o1'existing buildings or otherwise blinging the
6,c.rupa,rcie, uiony aucl all builclings located on the conliguous property orryned and
controllccl by l3gyer into compliatlce rvith the State Building Code.
n 1Juyer bringing the use of the contigrrous propet1y owrted and controlled b-v Iluyer intcr
corirpliar-rce vylth the :\pplc Valley -:ity Code of Orclinances: llusiness Parli Zoning Districl.
Vacant Land purcha-qc i\greemcnt 2 (lJnilatecl). These provisions condition the sale oi'Outlot Cl- on
thc requirement t5i.rl Miller Farms brings the use clf the ndjacent Property- into cot1]pliance r'vith the
,,1r,*,',t provisions of thc zotring codc. Wc cor)tencl several aspects r:i'the uses l<lcatecl on the
I,ropcrty ar.e legall,v nonconlirrriing. To thc extent tirat an.v of the existing uscs or oc'cuFancies of
the proper:t,v are legally nonconlbrming. the EI)A's inrposition o1'recluiremellts to ciirninate those
rrscsccr6-slilutesatakingunclcrlvliruresotzrl,aw. MinnesoiaSlatutessection l17-184 siatesthe
lbllor.ving:
Not*.irlistapding any larv trl the citntrar,v. atr ot'clitrance oi' tegulatiou ol'a political
.,rrr111r,15ipn oi'titc siatc ol local zoning authority that requires thc rentoval oia legzrl
lloncotifbrr)ring^ use as a coutlitioll orpl'crequisite Itlr the issuaucc c.rf'a perltlit,
license, clr otlri:r applot,al lil'au,v Llsc, siructut'e, clcveloprtllelll. or activiti'ctlnstitrttcs
;
Ivlatt Samm, Pu[rlic Woi'ks Direc:tor
Marclr 27,2A1'7
Page 3 _
a tnking and is prohibited without the payment ol'just compeusation. This section
does irot apply if the permit, liccnse, or other approval is requested for the
cronstruction of a building or structure that cannot be built without physicelly moving
tlte nonconltrt't'tiitig usc.
'l'his languirge prohibits the Oity lrorn determining that the only "ltasihlc" w-ater connection to the
Propefiy is through the purchasc of Outiot C, subject to conditions mandating forf'eiture o{'
noncelfrlrming rights. While Miller Farms is willing to engage in good laith negotiations regardir-rg
thc sale of Outlot C in order to provide water to thc Prt>per1y, our clienl will nclt assenl to the
forfeiture of nonoonforming ilglits as a conclition ol'thc sale'
3. Grant Ilrivate Well l'ermit.
City Code requiles flrat if the C.it.v dcicrmines that it is not "feasible" to connect the Property to the
municipal waler system "the applicant shall be granied a permit to install a private water system.
City Code Sec. 51.41. fhe City must identify the route hy rvhich it is feasible to connect to tire
City's water sysrern. If thc Oity is unr.villing to provicle for a connectiori to the City's water service
as described above, the Cit,v ordirrance nrandates that the Council shall grant a permit to allow a
plivate water system.
Conclusion
Miller Falms is seekin-u an expeclient resolutiou to this matter. Given the fact that Miller F'arms has
waived its appeal to special zrssessments necessary to connect to the City Prnperty. we propose that
Public Works authorize the u,ater comrection via the Citi,'s easement over: Outiot C to etrsure a
iirnely resolution. Any <liscussions legarding the pttrcltase of Outlot C niay then occur at a later
{ate. ln the evenl that the Cit1, tnils to zrut}rorize a coutrection to tlte City's water, wc will seek to
enlorce the Cily's ordinance to reestablish the well ott the Plopelty.
Il'you fiave alr,v cluestion.s atrout this letter ot'the inforrnation contained herein, please feel f}ee to
contac t me cl irccti-v-.
Sincerel
Jacoh W l'crr
i,arkin I It',an
Direc:t I)ial
Direcl l]ax:
I-lrrail:
952-896-3239
L)_\2-842-1738
.i steen l.'il arki rrho lfmatt.co tl't
L)C V{ichacl (i. Dougtret'ty. Citt' Attot'ncv
4820-9568-3i41, v I
Larkin
Holffm"gp
est.1958
November 15,2018
The Honorable Mayor Mary Hamman-Roland and
Council Members
City of Apple Valley
71OO ATth Street W.
Apple Valley, MN 55124
Larkin Hoffman
8300 Norman Center Drive
Suite 1000
Minneapolis, Minnesota 55437 -1,060
ceNrnnr, 952-835-3800
FAx: 952-896-3333
wEB: www.larkinhoffman.com
Vis Email
Re: Miller Farms of Lakeville Appeal; Our File #40236-00
Dear Mayor Hamman-Roland and Council Members:
We represent Miller Farms of Lakeville, LLC ("Miller Farms"), the owner of the property located at
5751 150th Street West ("Property") in the City of Apple Valley ("City"). This letter, along with my
prior correspondence, is intended to supplement the record of Miller Farms' appeal ("Appeal") of the
City's failure to recognize nonconforming rights for the single-family residence ("Residence") on the
Property. More specifically, we seek to clarify misleading information contained in a memorandum
from Sharon Hills, City Attorney, dated November 5,2078 ("Memorandum"), responding to the
Appeal.
On the day of the rezoning, June 19,2015 ("Rezoning Date"), the Residence was a lawfully permitted
single-family residence in the Ag District. However, the City concludes that because the Residence
did not have running water on the Rezoning Date it was not lawfully established, and therefore the
City does not have to recognize our client's legal nonconforming rights under Minnesota law.
However,the Property did not ve water solely because it had been unla v denied a nermit to
reestablish a well on the Property despite having no feasible alternatives. absent purchasing an
adjacent property, to get City water.
The City contends that the well permit requested by Miller Farms in May 2015 was not improperly
denied because water was "accessible" to the Property via the EDA-owned outlot property ("EDA
Outlot") to the north of the Property. However, by the City's interpretation, Miller Farms would have
been required to connect the Residence to City water before the rezoning of the Properly took effect
on the Rezoning Date, approximately six (6) weeks after the well permit request was denied.
The Memorandum identifies the several steps necessary to extend City water to the Propefiy,
including: negotiating and payment of the required connection fees and trunk charges; acquisition of
the EDA Outlot by Miller Farms; and obtaining approval of the water/sewer connection permit. By
the City's interpretation, all of these steps must have occurred prior to the Rezoning Date. In
additioq under the City's interpretation, the water line must have actually been installed and
connected in order for a "lawfully established" single-family residence to have been established.
This interpretation of Minnesota law is not only absurd but impossible given that Miller Farms was
denied the well permit six weeks piior to the rezoning. For Miller Fatms to complete all of these
steps within six w-eeks upon notification that the well was denied was not feasible and the City was
therefore required to grant a well permit under City Ordinance Section 5 I .41 .
Apple Valley City Council
November 15. 2018
Page 2
The Residence was a permitted use prior to the Rezoning Date and was in lawful existence as a
single-family residence for ninety-five (95) years prior to the Rezoning Date. The City's
interpretation concludes, however, that upon the moment that the Residence ceased to have running
water it ceased to be "lawfully established." A permitted use cannot lose its right operate as a
permitted land use in the same manner as a legal nonconforming rights. Under the vested rights
doctrine, a property owner has acquired a vested right to continue to develop and operate a land use
under the prior land use regulations. Vested rights are perfected when the project has progressed
sufficiently with construction or otherwise. In zoning cases, vested rights can be acquired with as
much as a building permit. See Yeh v Cty. of Cass,696 N.W.2d 115 (Minn. Ct. App. 2005). Under
these legal principals, no court will conclude that the Residence lost its lawful status as a permitted
use when it ceased to have water.
Further, staff continues to focus on the fact that the use of the Property has been consistently used for
commercial purposes during the time that Miller Farms and Community Cares have owned it. The
apparent conclusion from staff is that if the Property was used as commercial use before and after the
rezoning, the nonconforming residential use could not exist. This is merely a smoke screen set to
disguise the actual situation and is wholly inconsistent with the law and ignores the fact that a
property can have multiple uses. The mix of residential, commercial, and industrial uses on the
Property is consistent with the Property's longstanding agricultural use as the former Melby
farmstead, which included the Residence as well as commercial agricultural operations. The fact that
the Property only used a portion of its permitted uses does not nullify its permitted use as a
Residence, especially since that use has been halted by the City's own scheme to deny the Property
access to water.
The City cannot legally deny Miller's Farms nonconforming use rights. Under the law, if the City is
interested in seeing an alternative use of the Property other than its lawful use, the City must acquire
the Property through condemnation or acquisition by the EDA. Miller Farms would consider
reasonable offers for sale of the Property but will not acquiesce to the City's unlawful denial of legal
nonconforming rights.
Please contact me with any questions about this letter or the information contained herein.
Sincerely.
Jacob W. Steen,
Larkin Hoffman
Direct Dial
Direct Fax:
Email:
cc
952-896-3239
952-842-1738
j steen@larkinhoffman. com
Joseph Miller
Pamela Gackstetter, City Clerk
Mike Dougherty, City Attomey
Sharon Hills, City Attorney
Bruce Nordquist, Community Development Director
Tom Lovelace, City Planner
4827-7729-6250, v.2
I T E M: 7.
C O UNC I L ME E T I NG D AT E :J uly 25, 2019
S E C T I O N:Calendar of Upcoming Events
Description:
A pprove Calendar of Upcoming E vents
S taff Contact:
S tephanie Marschall, Deputy City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the calendar of upcoming events as listed in the summary below, and noting each
event listed is hereby deemed a Special Meeting of the C ity Council.
S UM M ARY:
Day/Date Time Location E v ent
Tue./J uly 23 6:00 p.m.Municipal Center Urban Affairs Advisory
C ommittee Meeting
T hur./J uly 25 6:30 p.m.Municipal Center ED A Meeting
T hur./J uly 25 7:00 p.m.Municipal Center Regular City C ouncil Meeting
Fri./J uly 26 6:00-9:00 p.m.Kelley Park
Apple Valley Arts Foundation
Music in Kelley Park C oncert
Series
Fri./Aug. 2 6:00-9:00 p.m.Kelley Park
Apple Valley Arts Foundation
Music in Kelley Park C oncert
Series
Tue./Aug. 6 7:30-9:00 a.m.Augustana Care
Apple Valley Villa C hamber C offee Connection
Tue./Aug. 6 11:30 a.m.-1:30
p.m.Kelley Park Business Watch Picnic
Tue./Aug. 6 5:00-10:00 p.m. Annual Night to Unite
Wed./Aug. 7 7:00 p.m.Municipal Center Planning Commission Meeting
T hur./Aug. 8 5:30 p.m.Municipal Center Informal C ity Council Meeting
T hur./Aug. 8 7:00 p.m.Municipal Center Regular City C ouncil Meeting
Fri./Aug. 9 6:00-9:00 p.m.Kelley Park
Apple Valley Arts Foundation
Music in Kelley Park C oncert
Series
Fri./Aug. 16 6:00-9:00 p.m.Kelley Park
Apple Valley Arts Foundation
Music in Kelley Park C oncert
Series
Wed./Aug. 21 7:00 p.m.Municipal Center Planning Commission Meeting
T hur./Aug. 22 4:30-6:30 p.m.Rascal’s Bar &
Grill C hamber Business After Hours
T hur./Aug. 22 5:30 p.m.Municipal Center Special Informal C ity Council
Meeting
T hur./Aug. 22 7:00 p.m.Municipal Center Regular City C ouncil Meeting
Tue./Aug. 27 6:00 p.m.Municipal Center Urban Affairs Advisory
C ommittee Meeting
Wed./Aug. 28 9:00 a.m.Municipal Center Firefighters Relief Association
Meeting
B AC K G RO UND:
Each event is hereby deemed a Special Meeting of the C ity Council, the purpose being
informational or social gathering. Only events marked with an asterisk (*) will any action of
the Council take place.
B UD G E T I M PAC T:
N/A