HomeMy WebLinkAbout11/15/2018 Meeting
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
Nov ember 15, 2018
C IT Y C O UN C IL IN F O RMA L MEET IN G T EN TAT IVE D ISC US SIO N IT EMS
5:30 P M
1.C ouncil Discussion Items (10 min.)
2.Discuss Streetscape Options for Ring Route (30 min.)
3.2040 C omprehensive Plan Update (15 min.)
4.Discuss 2019 and 2020 Proposed Budget (20 min.)
5.Adjourn
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 October 25, 2018, Regular Meeting
B.Adopt Resolution Accepting Donation from Target Corporation for Use
by Police Department
C .Approve State Gambling Exempt Permits for Apple Valley American
Legion Auxiliary, Unit 1776, at Apple Valley American Legion
1. December 1, 2018
2. J anuary 12, 2019
3. March 9, 2019
4. May 4, 2019
D.Authorize Submittal of Source Water Protection Competitive Grant
Application to Minnesota Department of Health
E.2019 J oint Funding Application to Dakota C ounty for C ommunity
Landfill Abatement Funds
1. Adopt Resolution Approving 2019 J oint Funding Application to
Dakota C ounty for C ommunity Landfill Abatement Funds
2. Authorize Mayor to Sign Letter Supporting Funding
F.Approve Permit for Animal Not Meeting Definition of Household Pet
(Reindeer) for Special Outdoor Promotion Event on December 6, 2018,
by Lifeworks, 14655 Evendale Way
G.Proclaim November 24, 2018, as "Small Business Saturday"
H.Police Department Body C amera Program
1. Adopt Resolution Setting Public Hearing at 7:00 p.m. on
November 29, 2018, on Purchase and Policy of Body-Worn
Camera System
2. Authorize C ity Clerk to Post Draft Policy on C ity’s Website
3. Invite the Public to Submit C omments C oncerning the Policy
Electronically, by Mail, or by Attendance at Public Hearing
I.Approve Various Fees for 2019
1. Redwood Pool and Apple Valley Family Aquatic Center
2. Sports Arena and Hayes Park Arena
3. Valleywood Golf C ourse
J .Approve Release of Various Natural Resources Management Permit
Financial Guarantees
K.Approve Lease Extension with Time Square Shopping C enter II, LLP, for
Apple Valley Liquor Store #1
L.Reliable Mini Warehouses of Apple Valley
1. Adopt Resolution Approving Final Plat and Development
Agreement
2. Adopt Resolution Approving Site Plan/Building Permit for a Self-
Storage Facility on Lot 1, Block 1, Reliable Mini Warehouses of
Apple Valley
M.Approve License Agreement for Shed and Wall Encroachment on Lot 26,
Block 8, Longridge Second Addition (8150 159th Street C t.)
N.Approve Grant Agreement with Minnesota Department of Natural
Resources for Managing Emerald Ash Borer
O.Approve First Amendment to J oint Powers Agreement with Dakota
County for Project 2017-112, Dakota County 38-52 C SA H 31 to T H 3,
2-Lane to 3-Lane
P.Approve Water Quality Improvement Cost Share Program Agreement
with Nupur Argarwal and Sourav Kundu for Native Garden Installation
at 14191 Ensley C ourt
Q.Approve Agreement with Rinkside Advertising Network for One-Year
Lease of Advertising Space within Hayes Park Arena
R.Approve Agreement with Keys Well Drilling C ompany, for Project 2018-
146, Observation Well Installation
S.Approve Change Order No. 2 to A greement with Ameresco, Inc., for
Energy Savings Performance Contract
T.Adopt Resolution Amending 2018 Pay and Benefit Plan
U.Approve Personnel Report
V.Approve Claims and Bills
5.Regular Agenda Items
A.Adopt Resolution C anvassing Returns of November 6, 2018, General
Election
B.Appeal Zoning Administrator's Ruling that Residential Use is not
Permitted Use on Property Zoned “BP” (Business Park) for Property
Located at 5751 150th Street West (C SA H 42)
C .Menards at Hanson C oncrete
1. Approve Preliminary Plan Development Agreement with Menard,
Inc.
2. Approve Design Agreement with Menard, Inc., for Design Services
of Public Infrastructure
3. Adopt Resolution Approving Re-designation of Lot 1, Block 1,
Menards at Hanson C oncrete 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 Outlots A-D,
Menards at Hanson C oncrete, Preliminary Plat from “I-2” (General
Industrial) to “PD” (Planned Development)
5. Pass Planned Development Ordinance Codifying 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
Authorization 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 C oncrete
6.Staff and C ouncil C ommunications
7.Approve C alendar of Upcoming Events
8.Adjourn
Reminder: City Off ices are closed Thursday and Friday, November 22 and 23, 2018, in
observance of Thanksgiving Holiday
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: 2.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:I nformal A genda I tem
Description:
Discuss S treetscape Options for Ring Route (30 min.)
S taff Contact:
Matt Saam, Public Works Director
Department / Division:
P ublic Works Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Staff have been working with the City’s consultant, SRF, for the 147th Street/Glazier Avenue
improvements and possible streetscape options for the City’s Ring Route area. At the
November 15th Informal meeting, representatives from SRF will have various streetscape
plans to present to the C ity Council. Staff and S RF are looking for feedback from the
Council to further develop a preferred option for a future streetscape theme along the Ring
Route.
B AC K G RO UND:
On J une 14, 2018, the C ity C ouncil adopted a resolution authorizing the preparation of a
feasibility study for Project 2019-106, 147th Street W. and Glazier Avenue Intersection
Improvements. Part of the study work includes streetscape improvements along 147th Street
W., within the C ity’s Ring Route area.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Presentation
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 1RING ROUTE CONTEXT MAPH:\Projects\11000\11854\CAD_BIM\Graphics\11854_ExistingConditions.dwg : 11X17 (2)Job #11854
10/22/2018 - 12:35PM
147th District
Existing Streetscape ConditionsApple Valley, MN
Figure 1
NORTHGLAZIER AVEGLAZIER AVE
CR 42 150TH ST CR 42 150TH STCR 42 150TH ST
153RD ST
153RD ST
153RD ST
152ND ST
KELLY PARK
CENTRAL VILLAGE
SOUTHPORT
TIME SQUARE
FISCHER MARKET
PLACE
FOUNDERS LNCEDAR AVEGARRETT AVEPENNCOCK AVEGALAXIE AVEFOLIAGE AVE147TH ST W
147TH ST W
147TH ST W
NEW CEDAR AVE
ORNAMENTAL
INTERSECTION
FENCE MONUMENTS
NEW CEDAR AVE
ORNAMENTAL
INTERSECTION
FENCE MONUMENTS
ORNAMENTAL
INTERSECTION FENCE
MONUMENTS NEED
TO BE REFURBISHED
RED LIGHT
FIXTURES
CONTINUE
WEST ON 147TH
ST ON SOUTH/
EAST SIDE TO
150TH ST (CR 42)
RING ROUTE
STREETSCAPE
ELEMENTS CONTINUE
THROUGHOUT THE
CENTRAL VILLVAGE
AREA
ORNAMENTAL
INTERSECTION FENCE
MONUMENTS NEED
TO BE REFURBISHED
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 2147TH STREET CONTEXT MAPH:\Projects\11000\11854\CAD_BIM\Graphics\11854_ExistingConditions.dwg : 11X17 (2)Job #11854
10/22/2018 - 12:35PM
147th District
Existing Streetscape Conditions
Apple Valley, MN
Figure 1H:\Projects\11000\11854\CAD_BIM\Graphics\11854_ExistingConditions.dwg : 11X17 (2)Job #11854
10/22/2018 - 12:35PM
147th District
Existing Streetscape ConditionsApple Valley, MN
Figure 1
NORTHGLAZIER AVEGLAZIER AVECEDAR AVEGALAXIE AVE147TH ST W
PHASE 1
PROJECT
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 3147TH STREET EXISTING CONDITIONS
APPLE VALLEY
PROFESSIONAL BLDG
APPLE VALLEY
OFFICE CENTER
RYAN
OFFICE
BLDG
WINGS
FINANCIAL
H:\Projects\11000\11854\CAD_BIM\Graphics\11854_ExistingConditions.dwg : 11X17Job #11854
10/19/2018 - 2:54PM
147th and Glazier Roundabout
Existing Streetscape Conditions
Apple Valley, MN
Figure 1
±17’ WIDE
SIDEWALK TREE SPACING ±26’
DIAGONAL
STYLE SQUARE
TREE GRATES STREET TREES
IN VARIED
CONDITION
STREET TREES
PLANTED WITH
CEDAR AVE.
CONSTRUCTION
RE-CONSTRUCTED
SIDEWALK AS PART
OF CEDAR AVE.
PROJECT
NEW
CEDAR AVE
ORNAMENTAL
FENCE
MONUMENT
BENCH
AND TRASH
RECEPTACLE
POST TOP
ACORN
LIGHT
FENCE AT
THE BACK
OF WALK
NO FENCE AT THE
BACK OF WALK
APPLE VALLEY
PROFESSIONAL BLDG
APPLE VALLEY
OFFICE CENTER
RYAN
OFFICE
BLDG
WINGS
FINANCIAL
H:\Projects\11000\11854\CAD_BIM\Graphics\11854_ExistingConditions.dwg : 11X17Job #11854
10/19/2018 - 2:54PM
147th and Glazier Roundabout
Existing Streetscape ConditionsApple Valley, MN
Figure 1
NORTHGLAZIER AVECEDAR AVE147TH ST W
GLAZIER AVE±87’±53’
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 4
EXISTING (147TH STREET AND GALAXIE AVE)
147TH WOOD SLAT TRASH RECEPTACLE 147TH WOOD SLAT BENCH 147TH RED FENCE AND BRICK COLUMNS
147TH DIAGONAL TREE GRATE & STAMPED
CONCRETE PAVEMENT
EXISTING PAVING PATTERN ALONG 147TH STREET147TH POST TOP LIGHT
±26’ TREE SPACING
±26’ COLUMN SPACING
RED FENCE BRICK COLUMN
TRASH RECEPTACLE
BENCH
147TH STREET
GALAXIE PICKET FENCE AND BRICK COLUMNS
GALAXIE CROSSWALK AND INTERSECTION
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 5
ALTERNATE A (MATCH EXISTING CEDAR AVE.)
BENCH INTERSECTION ORNAMENTAL FENCE
OPEN TREE PLANTING AT BACK OF SIDEWALK
±30’ TREE SPACINGOPEN TREE PLANTING
CEDAR AVE.
CURVED ARM WITH TEAR DROP LIGHT
TRASH RECEPTACLE
EXISTING PAVING PATTERN ALONG ADJACENT CEDAR AVE.
ORNAMENTAL PICKET FENCE
BIG BLOCK RETAINING WALL TALL ORNAMENTAL FENCE
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 6
TRASH RECEPTACLES TREE GRATES
VICTOR STANLEY - PERFORATED TRASH RECEPTACLE RADIAL STYLE TREE GRATE
LINEAR STYLE TREE GRATE
OPEN PLANTERS WITH 6” CURB
GEOMETRIC DESIGN TREE GRATE
VICTOR STANLEY - FLARED TRASH RECEPTACLE
VICTOR STANLEY - SIDE ACCESS TRASH RECEPTACLE
TREE TRENCH STORMWATER/TREE VAULT SYSTEM
340
SHEET
OF
SHEET NAME:DISCIPLINE:
NO. DATE DRAWN REVISION / SUBMITTALCHECK DESIGN
LANDSCAPE ARCH
CIVIL - VOLUME 9
339
W0-LAN-DTLA - 006
LANDSCAPE DETAILS 6
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision and
that I am a duly Licensed Landscape Architect under
the laws of the State of Minnesota.
(MICHAEL P. MCGARVEY)
DATE:LIC. NO.:01/05/17 26216
0 01/12/2017 SCJ MPM MPM ISSUED FOR BID
340
SHEET
OF
SHEET NAME:DISCIPLINE:
NO. DATE DRAWN REVISION / SUBMITTALCHECK DESIGN
LANDSCAPE ARCH
CIVIL - VOLUME 9
339
W0-LAN-DTLA - 006
LANDSCAPE DETAILS 6
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision and
that I am a duly Licensed Landscape Architect under
the laws of the State of Minnesota.
(MICHAEL P. MCGARVEY)
DATE:LIC. NO.:01/05/17 26216
0 01/12/2017 SCJ MPM MPM ISSUED FOR BID
GREEN DESIGN ELEMENTS
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 7
BENCHES FENCES BOLLARDS
ANOVA - METAL BENCH WITH COMPOSITE SLATS CUSTOM ORNAMENTAL FENCE - SWOOP DESIGN STRIPED METAL BOLLARD
VICTOR STANLEY - TRADITIONAL STYLE BENCH
LANDSCAPE FORMS - CURVED STEEL BENCH
CUSTOM ORNAMENTAL FENCE - RECTANGLE DESIGN
ORNAMENTAL FENCE - TRADITIONAL STYLE
ORNAMENTAL FENCE - WITH BRICK COLUMNS
CUSTOM ORNAMENTAL FENCE - GEOMETRIC DESIGN
METAL BOLLARD (BLACK)
LIT METAL BOLLARD
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 8
LIGHTPOLES
LOW PROFILE LED LIGHTDOUBLE ARM LED LIGHT CURVED ARM TEAR DROP LED LIGHTHORIZONTAL ARM LED LIGHT
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 9
BRANDING
CITY LOGO EMBLEM ON BRICK COLUMNLIGHT POLE WITH BANNER AND FLAGCITY LOGO LIGHT POLE ENHANCEMENT WITH
BANNER
CITY LOGO LIGHT POLE ENHANCEMENT
CITY LOGO MEDALIONLIGHT POLE WITH BANNER AND FLOWER BASKETLIGHT POLE WITH CEDAR AVE ENHANCEMENT
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 10
ALTERNATE B
COLORED CONCRETE BAND AND SCORING WITH 30’-0” TREE SPACING
±26’ COLUMN SPACING
REFURBISHED EXISTING BRICK
COLUMNS
LIGHT, SEE FIGURE 8TREE GRATE, SEE
FIGURE 6
30’ TREE SPACING
FENCE, SEE FIGURE 7
CONCRETE SCORING
COLORED CONCRETE
BANDS
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 11
ALTERNATE C
COLORED CONCRETE BAND AND PAVERS ALONG THE STREET WITH 40’-0” TREE SPACING
20’ COLUMN
SPACING
NEW 48” HEIGHT COLUMNS,
SEE FIGURE 7
2’ PAVER STRIP
COLORED CONCRETE BANDS
CONCRETE SCORING
40’ TREE SPACING
FENCE, SEE FIGURE 7
LIGHT, SEE FIGURE 8TREE GRATE, SEE
FIGURE 6
147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS
CITY OF APPLE VALLEY \\ 11/15/18Consulting Group, Inc.
FIGURE 12
ALTERNATE D
STANDARD CONCRETE WITH ENHANCED SCORING, OPEN PLANTERS, 40’-0” TREE SPACING
±26’ SPACINGREFURBISHED EXISTING
BRICK COLUMNS
FENCE, SEE FIGURE 7
CONCRETE SCORING
LIGHT, SEE FIGURE 8
±40’ SPACING ORNAMENTAL PERENNIALS
AND GRASSES, SEE FIGURE 6
147TH STREETCEDAR AVENUEGLAZIER AVENUEGLAZIER AVENUE
GARRETT AVENUE147TH STREETAPPLEBEE'SBUFFALOWILD WINGS/ KINKOSAPPLE VALLEYPROFESSIONAL BLDGAPPLE VALLEYOFFICE CENTERAPPLE SQUAREPROFESSIONAL BLDGPROPOSEDDEVELOPMENTWINGSFINANCIALPAIDEIAACADEMYCEDAR AVENUE 147TH STREET FEASIBILITY STUDYPRELIMINARY LAYOUTNOVEMBER 15, 2018
I T E M: 3.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:I nformal A genda I tem
Description:
2040 Comprehensive Plan Update (15 min.)
S taff Contact:
B ruce Nordquist, A I C P, Community Development Director
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Staff will provide a brief update on the 2040 Comprehensive Plan process.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Presentation
11/20/2018
1
2040 COMPREHENSIVE PLAN
UPDATE
APPLE VALLEY CITY COUNCIL
NOVEMBER 15, 2018
MEETING
11/20/2018
2
POPULATION FORECASTS
Year Population Households Employment
2000*45,527 16,344 12,106
2010*49,084 18,875 14,279
2020**55,500 21,700 15,800
2030**59,200 23,300 16,400
2040**63,600 24,900 17,100
*Census Count
**Council Forecast
11/20/2018
3
SUSTAINABILITY AND
RESILIENCE
RECENT EFFORTS
•GreenStep City
•Performance Buildings
•Efficient Utilities
•Water Monitoring and Restoration
•Recycling
•Energy
•Thoughtful storm water management
COMMUNITY CONTEXT
IMPLICATIONS FOR 2040
•Community Aging
•Increasing Diversity
•Jobs‐Housing Balance
•Housing Affordability ( and NOAH )
•National Retail Trends
•Development Opportunities through Redevelopment
•Technology Trends
•Aerotropolis
11/20/2018
4
2030
2020
2040
2030
11/20/2018
5
AFFORDABLE HOUSING GOALS
AFFORDABLE HOUSING NEED ALLOCATION FOR APPLE VALLEY
At or below 30% AMI 221
31 to 50% AMI 118
51 to 80% AMI 129
Total Units 468
11/20/2018
6
11/20/2018
7
11/20/2018
8
Top Economic Development
Trends –2018 to 2040
1)Community strengths continue; housing, a retail
renaissance, education thrives, parks development
in new ways.
2)Active mining develops as a Mixed Business
Campus (MBC) of office, health services, med‐tech
and new retail emerges.
3)Downtown (42/Cedar) quadrants are stronger now
and the Central Village is fully developed.
4)Greater MSP advances the concept: “Aerotropolis”;
where airport proximity and economic power
attracts national and global markets with the MBC
opportunity.
Top Economic Development
Trends –continued
5)Neighborhoods benefit from new public
infrastructure and private investment follows;
remodeling, expansion, and livable investing that
“polishes Apple Valley homes”.
6)Apple Valley remains resilient from economic
downturn and natural disaster.
7)The MN Zoo advances powerful collaborations
where people, nature, health and well‐being,
conservation and a well thought out business plan
of growth is activated.
11/20/2018
9
2040 COMPREHENSIVE PLAN
UPDATE
NEXT STEPS
1. Draft plan distributed to adjacent cities, Dakota County, School
Districts 191 and 196, watershed districts, MVTA, MnDOT,
MnDNR, and Metropolitan Council for a six‐month review.
2. Comments:
•No comments from adjacent cities or District 196.
•MVTA offered multiple locations in the narrative to emphasize MVTA
services and collaboration.
•MnDot observed some typo’s in maps and tables.
3. Staff doing responsive updates.
4. December 27, Staff requests CC to direct a final draft of the
2040 Update to be submitted for review by the Metropolitan
Council.
I T E M: 4.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:I nformal A genda I tem
Description:
Discuss 2019 and 2020 P roposed B udget (20 min.)
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
T he final 2019 budget will be considered at the December 13, 2018, meeting. Staff would
like to present updated information so that any changes be incorporated into the final budget
document. T he areas are:
Update on tax rates county will be using for the notices to property owners
Proposed changes to the 2019 budget;
Redwood Teen C enter programing
Change to liquor part time wages
Positions included in the 2019 and 2020 portion of the budget
At the informal budget discussion on September 13 the C ity C ouncil discussed the staffing
additions included in the 2019 and 2020 budgets and suggested that the timing of position
additions be discussed again. Staff is seeking direction on the timing of positions to be
included in the budget to be considered at the D ecember 13th Truth in Taxation meeting or in
a future amendment to the 2019 budget.
B AC K G RO UND:
Updated C ounty information on tax rate
T he C ounty released the rates and tax capacity values that will be used in the individual
proposed property tax notices that will be sent in the next few weeks. Overall the city's
portion of the tax impact to the median valued home will change slightly, a reduction of $1.11
in the increase shown in the preliminary budget to an increase $33.32, or 3.38%. Based on
this updated county information, the city's portion of the 2019 taxes on the median valued
home (of $260,300) will increase $33 from $987 to $1,020, 3.38%. T his assumes the total
levy remains the same as what was adopted in the preliminary budget.
Liquor Operations
Liquor staff is recommending that the pay scale for part time employees be increased by $1
per hour to address difficulties in attracting and retaining part time employees. T he consent
agenda for the November 15 C ity Council Meeting includes making this adjustment to the
pay plan and staff will include these changes to the budget when considered in December.
Redwood/ Teen C enter Programing C hanges
Staff has evaluated the programming offered at the Redwood Teen C enter and is proposing
changes to the programing being offered at Redwood. T hey are proposing to reduce the times
when the Teen C enter is open to the summer months (J une to Sept) and adding additional
teen outings, estimated to result in budget savings of $22,460. Staff is also requesting
changes to the signage at the old Teen Center previously operated at J ohnny C ake Ridge
Park.
Estimate of budget savings:
Savings in wages $ 23,460
Savings in supplies 1,000
Signage at J ohnny C ake Teen C enter (2,000)
Addition in teen outings expense 5,000
Addition to teen outings revenue (5,000)
Estimated budget savings $ 22,460
Staff will include these changes to the budget when considered in December.
Position additions
T he 2019 and 2020 budget included funding for five positions over the two year period
totaling $246,285 in 2019 and $446,485 in 2020 for all five positions. By reordering and
staggering the starting dates for the positions all five could be added within the 2019 funding
amounts. Below is an example showing how the calculations would work within the funding
if the council chooses. T he column titled "# Months" would be the number of months the
position would be filled in 2019 to work within the available funding. T he savings from the
teen center programming changes have been included below and would result in an additional
two months of positions.
Position 2019 2020 Monthly A vg.# Months '19 R e state d
IT Support Tech.$ 91,285 $ 91,285 $ 7,610 7 $ 53,270
C ode Com pliance Tech.60,000 60,000 5,000 10 50,000
Police O fficer -102,200 8,520 11 93,720
Mechanic - 95,000 7,920 7 55,440
Com m unication Specialist 95,000 95,000 7,920 1 7,920
$ 246,285 $ 446,485 $ 36,970 $ 260,350
B UD G E T I M PAC T:
T he impact of these changes to the General Fund would be within the preliminary levy
adopted in September. T he change for the Liquor Fund would be an budget increase of
$21,195 for the adjustment to the part time pay plan in liquor.
AT TAC HM E NT S :
Presentation
11/15/2018
1
2019 Budget and Tax Levy
City Council Informal Meeting
November 15, 2018
1
Tonight’s Schedule
•Updates since Sept 13th
•Levy remains at same amount
•Final values, TIF captured values & Tax Rate
•Net impact $1 lower than prelim budget
•2019 City tax on median value home ($260,300) $1,020
•Teen Center program changes
•Liquor PT wage adjustment
•Position timing
•Council discussion & direction
2
11/15/2018
2
Teen Center Program Changes
•Program changes –reduce hours to summer months
•Expand teen outings
•New signage at JCRP bldg.
•Savings:
•Wages $23,460
•Supplies 1,000
•Teen outings Exp. 5,000
•Teen outings Rev. (5,000)
•Signage at JCRP (2,000)
•Total $22,460
3
New Positions Included in 2 Year Budget
•IT Tech
•Code Compliance Inspector
•Communication Specialist
•Police Officer
•Fleet Mechanic
4
11/15/2018
3
Impact of Added Positions
•Financial Impact based on timing
•2019 budget included $246,285
•2020 full cost of 5 $446,485
•Cost difference $200,200
•Challenge is to solve w/o levy increase
•Combination of staggered starts & redirected sources
5
•2019 Budget resources $246,285
•+ Redirected Teen Center Program Savings $ 22,460
•= Available $268,745
6
11/15/2018
4
’19 Funding Provides for 6.6 Months for
Add’l Positions
(Budget Session 11‐15‐18)
General Fund: 2019 2020 Monthly Avg
IT 91,285 91,285 7,610
Code Enf. 60,000 60,000 5,000
Police 102,200 8,520
Fleet 95,000 7,920
Communication 95,000 98,000 7,920
246,285 446,485 36,970
diff 200,200 # mos. >>6.6
7
Added Positions
(Budget Session 11‐15‐18)
General Fund: Monthly Avg # months
IT 7,610 7 53,270
Code Enf. 5,000 10 50,000
Police 8,520 11 93,720
Fleet 7,920 7 55,440
Communication 7,920 1 7,920
36,970 260,350
8
11/15/2018
5
Postpone Communications Position
until ’20, provides 9 months
(Budget Session 11‐15‐18)
General Fund: Monthly Avg # months
IT 7,610 9 68,490
Code Enf. 5,000 9 45,000
Police 8,520 9 76,680
Fleet 7,920 9 71,280
Communication 7,920 0 ‐
36,970 261,450
9
I T E M: 4.A.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove Minutes of October 25, 2018, 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 October 25, 2018.
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
October 25, 2018
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held October 25, 2018, at 7:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and
Hooppaw.
ABSENT: None.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, Police Captain Bermel, Parks and Recreation Director Bernstein, Planner
Bodmer, Police Captain Francis, Human Resources Manager Haas, Finance Director Hedberg,
Community Development Director Nordquist, Police Chief Rechtzigel, Acting Fire Chief
Russell, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the
Pledge of Allegiance led by Girl Scouts Chesney DeMars, Kourtlyn Engen, Seraphina Garcia,
Aubrey Nickelson, Anne Rasmussen, and Paige Stensaas from Troop 57594.
APPROVAL OF AGENDA
MOTION: of Grendahl, seconded by Bergman, removing item 5.C - T & D Choice, LLC,
d/b/a Phovalley Cuisine, 7538 149th Street W. from the agenda and approving the
agenda for tonight’s meeting, as amended. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any
item not on this meeting’s agenda.
Mr. Gene Rechtzigel said he is cutting down his fence to seven feet. He requested a letter from
the City to jurisdictions stating his fence conforms to the building code after being cut down.
Mr. Dougherty stated communications will be provided to the necessary jurisdictions.
CONSENT AGENDA
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda.
Councilmember Grendahl requested item 4.I be removed for additional discussion.
MOTION: of Bergman, seconded by Hooppaw, moving consideration of item 4.I - Direct
Urban Affairs Advisory Committee to Review and Provide Recommendations on
Animal Control Ordinance and Keeping of Chickens to the regular agenda, and
approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 25, 2018
Page 2
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting
of October 11, 2018, as written. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Sons of the American
Legion, Squadron 1776, for use on December 8, 2018, at the Apple Valley
American Legion, 14521 Granada Drive, and waiving any waiting period for
State approval. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, amending the On-Sale Intoxicating Liquor
License and Special License for Sunday Liquor Sales held by LoKo Bowling,
Inc., at 14917 Garrett Avenue, by changing the assumed name to Bogart’s
Entertainment Center, as described in the City Clerk’s memo. Ayes - 5 - Nays -
0.
MOTION: of Bergman, seconded by Hooppaw, amending the On-Sale Intoxicating Liquor
License and Special License for Sunday Liquor Sales held by Red Robin
International, Inc., at 15560 Cedar Avenue, by changing the assumed name to Red
Robin Gourmet Burgers & Brews, as described in the City Clerk’s memo. Ayes -
5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-160 setting a
public hearing, at 7:00 p.m., on November 29, 2018, on renewal applications for
On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for
2019. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-161
amending the 2018 Operating Budget for specific items. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-162
supporting the draft 2019-2023 Capital Improvements Plan. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving temporary parking on the north
side of Greenleaf Elementary School for school events during the 2018-2019
school year, as listed in the attachment to the Police Captain’s memo. Ayes - 5 -
Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving catering agreements with India
Spice House, Kowalski’s Catering, LSP Ventures, Inc., d/b/a Rascals Bar & Grill,
and Pear One, Inc., for preferred catering services at Apple Valley Senior Center,
subject to minor revisions as approved by the City Administrator and City
Attorney. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 25, 2018
Page 3
MOTION: of Bergman, seconded by Hooppaw, approving the Police Liaison Services
Agreement with Independent School District 196, for the 2018-2019 school year,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving the Utility Easement agreement
with Dakota Electric Association, and authorizing the Mayor and City Clerk to
sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with B&B Commercial Coatings, LLC, in the amount of an additional
$1,932.00; and accepting Project 2018-136, 2018 Hydrant Reconditioning and
Painting, as complete and authorizing final payment in the amount of $3,312.00.
Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, accepting Project 2017-189, Education
Building Renovation, as complete and authorizing final payment on the
agreement with Dering Pierson Group, LLC, in the amount of $15,594.00. Ayes -
5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, accepting Project 2018-129, 2018 Fence &
Light Pole Reconditioning Services, as complete and authorizing final payment
on the agreement with Budget Sandblasting & Painting, Inc., in the amount of
$5,535.87. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, accepting Project 2018-141, Backstop Fabric
Replacement Fields #6 & #7 at Johnny Cake Ridge Park West, as complete and
authorizing final payment on the agreement with Midwest Fence & Mfg., Co., in
the amount of $12,357.00. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in
the Personnel Report dated October 25, 2018. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, to pay the claims and bills, check registers
dated October 3, 2018, in the amount of $1,231,442.85, and October 10, 2018, in
the amount of $1,089,770.06. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
ANIMAL CONTROL ORDINANCE AND KEEPING OF CHICKENS
Councilmember Grendahl asked what has changed in four years since the Urban Affairs
Advisory Committee last reviewed this. She noted staff and the Committee put a lot of time into
investigating this and the recommendation given to Council. She further noted the Urban Affairs
Advisory Committee is made up of volunteers who are also coordinating the 50th Anniversary
Celebration. She questioned how much time staff and the Committee should be directed to put
into it again.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 25, 2018
Page 4
Mayor Hamann-Roland suggested the review of the ordinance could be done after the 50th
Anniversary.
Discussion continued.
MOTION: of Bergman, seconded by Grendahl, directing the Urban Affairs Advisory
Committee to review and provide recommendation on the animal control
ordinance and the keeping of chickens, following their work on the 50th
Anniversary. Ayes - 5 - Nays - 0.
Councilmember Hooppaw asked when the cities listed in the comparison last reviewed this.
Mr. Nordquist responded that most of the ordinances in other cities were put into place after
Apple Valley’s review.
BIGOS MMHA DESIGN, ADVERTISING AND COMMUNITY SUPPORT AWARDS
Mr. Nordquist introduced this item.
Lauren Haskins, Chandler Kost, Andrew Kroth, Will Lemaster, and Megan Schoenecker, Bigos
representatives, were present. They provided an update on Gabella, Galante, and Nuvelo
developments and commented on several “Multi Housing Achievement in Design, Advertising
and Community Support” awards Bigos recently received from the Minnesota Multi Housing
Association (MMHA).
Mayor Hamann-Roland congratulated the Bigos Management Team on receiving these
prestigious awards.
GENERAL ELECTION UPDATE
Ms. Gackstetter provided the Council an update on election preparations and reminded the public
about the upcoming City and State General Election on November 6. Polls will be open from
7:00 a.m. to 8:00 p.m. She encouraged everyone to exercise their right to vote.
ORDINANCE SETTING MAYOR AND COUNCILMEMBERS SALARIES
Mr. Lawell gave the first reading of an ordinance increasing the salaries of the Mayor and
Councilmembers for 2019 and 2020. He presented data from the League of Minnesota Cities
comparing the compensation of elected officials in comparable cities.
MOTION: of Bergman, seconded by Goodwin, waiving the provision for a second reading
and passing Ordinance No. 1051 amending City Code Section 30.05 of the City
Code increasing the salary of the mayor and councilmembers effective January 1,
2019, and January 1, 2020. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 25, 2018
Page 5
COMMUNICATIONS
Mr. Lawell reminded everyone to change the batteries on their smoke detectors when they turn
back their clocks.
Mr. Bernstein said in partnership with Dakota Valley Recycling, the Apple Valley Community
Center will be accepting shoes for recycling from November 12-18, 2018.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Hooppaw, 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 - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 7:59 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 :November 15, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A ccepting Donation from Target Corporation for Use by Police Department
S taff Contact:
Nick Francis, Police Captain
Department / Division:
P olice Department
AC T I O N RE Q UE S T E D:
Adopt resolution accepting a donation of $500.00 from Target C orporation for use by the
Police Department.
S UM M ARY:
T he Police D epartment applied for a grant from Target Corporation to offer additional
support to our annual Shop With a C op program. A $500.00 grant was awarded. T he police
department plans to use this donation to help provide gifts and support for needy families
during the next holiday season.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION ACCEPTING DONATION
WHEREAS, the City Council of Apple Valley encourages public donations to help
defray costs and improve the quality of life in Apple Valley; and
WHEREAS, Target Corporation has offered to donate $500 to the Police Department to
support police department community outreach programs; 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 this donation is hereby accepted for use by the City.
BE IT FURTHER RESOLVED that the City sincerely thanks Target Corporation for the
gracious and generous donation and their support of the Police Department’s efforts in the
community.
ADOPTED this 15th day of November, 2018.
____________________________________
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 :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove S tate Gambling Exempt P ermits for A pple Valley A merican L egion Auxiliary, Unit 1776,
at Apple Valley American L egion
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 lawful gambling exempt permits, by the State Gambling Control Board,
to Apple Valley A merican Legion Auxiliary, Unit 1776, for use on December 1, 2018,
J anuary 12, 2019, March 9, 2019 and May 4, 2019, at Apple Valley American Legion, 14521
Granada Drive, and waiving any waiting period for State approval.
S UM M ARY:
Apple Valley American Legion Auxiliary, Unit 1776, submitted applications for gambling
events to be held at Apple Valley American Legion, 14521 Granada Drive, on:
1. December 1, 2018
2. J anuary 12, 2019
3. March 9, 2019
4. May 4, 2019
T he applications are on file should you wish to review them.
B AC K G RO UND:
Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar
year, for qualified nonprofit organizations, are issued by the State Gambling Control
Board. Issuance is subject to approval or denial by the city in which the gambling activity is
to be conducted.
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 :November 15, 2018
S E C T I O N:Consent A genda
Description:
A uthorize Submittal of Source Water P rotection Competitive Grant A pplication to Minnesota
Department of Health
S taff Contact:
Carol Blommel J ohnson, Public Works Superintendent - Utilities
Department / Division:
Utilities Division
AC T I O N RE Q UE S T E D:
Authorize submittal of Source Water C ompetitive Grant Application to the Minnesota
Department of Health and authorize C arol Blommel J ohnson to sign application and grant
agreement on behalf the City.
S UM M ARY:
T he Minnesota Department of Health (MD H) provides an annual competitive grant program
for source water protection projects to assist in groundwater protection, safety, security,
quality and quantity.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
If successful, the $10,000 grant would be applied to Project 2018-146, Observation Well
Installation.
AT TAC HM E NT S :
Background Material
I T E M: 4.E.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
2019 J oint F unding A pplication to Dakota County for Community L andfill A batement Funds
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:
1. Adopt resolution approving the 2019 J oint Funding Application to Dakota County for
the Community Landfill Abatement Funds.
2. Authorize the Mayor to sign a letter on behalf of the Dakota Valley Recycling
membership supporting a funding formula for larger communities that is consistent with
past funding levels.
S UM M ARY:
In 2003, the City began joint services with the Cities of Burnsville and Eagan to provide
recycling. T he agreement was expanded to included Lakeville in 2016. T his agreement
allows the four cities to share staff dedicated to the recycling mission, while alleviating City
staff in other departments from recycling duties so that they can focus on other issues. Staff
believes the joint effort yields a more efficient and cost-effective recycling operation.
Burnsville employees provide the services for Apple Valley, Eagan and Lakeville, answering
residents’ questions about recycling and disposal and working with each city to reduce waste,
reduce contamination of recyclables, and increase environmentally preferable purchases.
B AC K G RO UND:
Dakota C ounty provides funding to cities to promote and operate Landfill Abatement
(Recycling) Programs. For 2019, the cooperative group would apply to the C ounty directly
for grants on behalf of the cities. T he application for the C ommunity Landfill Abatement
Program follows Dakota County solid waste guidelines and recommendations.
Staff recommends the C ouncil approve the attached resolution approving submission of the
2019 Funding Application for $247,416.00 from Dakota C ounty to operate a joint Recycling
Program for the C ities of Apple Valley, Eagan, Lakeville, and Burnsville.
Dakota C ounty recently reformulated its grant distribution formula. T he end result was to
shift funds away from larger communities, including Burnsville and Eagan, to smaller
communities. T he members of D VR prepared a letter to Dakota County urging the County
to reconsider its distribution formula. Staff recommends the Council authorize the Mayor to
sign the letter with other Dakota Valley Recycling member cities to encourage the C ounty to
consider the formula distribution.
B UD G E T I M PAC T:
T here is no cost to this request. T he total proposed Landfill Abatement Program request
from Dakota County for 2019 is $247,416.00.
AT TAC HM E NT S :
Application
Resolution
L etter
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-___
A RESOLUTION APPROVING THE SUBMISSION OF THE 2019 JOINT
LANDFILL ABATEMENT FUNDING RESOLUTION TO DAKOTA COUNTY
WHEREAS, the City Council of the City of Apple Valley supports the extensive use of
product recycling in an effort to curb overall reliance on landfill waste disposal systems; and
WHEREAS, in 1989 the City initiated a comprehensive household landfill abatement
program in order to afford its residents the opportunity to be part of the solid waste management
solution which has been continued independently through 2002 and was continued jointly with the
Cities of Burnsville and Eagan in 2003 and expanded to include the City of Lakeville in 2016; and
WHEREAS, it is the City's desire to further support and encourage landfill abatement
activities within the community through a joint partnership with the Cities of Burnsville, Eagan,
and Lakeville and the Dakota County Board of Commissioners has once again allocated funds for
the support of such activities within Dakota County.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, as follows:
1. That City of Burnsville staff is hereby authorized to submit a joint application for program
funding to Dakota County in order to maximize the revenues received by the City to support
landfill abatement efforts within the community, and
2. That the joint funding request for the Cities of Apple Valley, Burnsville, Eagan, and
Lakeville totals $247,416.00, the maximum allowed under the County funding formula, and
3. That the Mayor, City Clerk, and City Administrator are hereby authorized to sign the
appropriate documents related to the funding application submittal.
ADOPTED this 15th day of November, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela Gackstetter, City Clerk
DAKOTA VALLEY RECYCLING
13713 Frontier Court ∙ Burnsville, MN 55337
952-895-4559 ∙ www.DakotaValleyRecycling.org
November 2, 2018
County Commissioners
1590 Hwy 55
Hastings, MN 55033
Re: Community Funding for Recycling Programs
Dear County Commissioners,
In 2003, the cities of Apple Valley, Burnsville and Eagan partnered to create a cross-city recycling department called Dakota
Valley Recycling (DVR). The City of Lakeville joined the consortium in 2017. DVR is funded by grants from Dakota County via
the Community Recycling Program (CRP), which each city receives. All grant funds received by each individual city is
combined through a Joint Powers Agreement to operate DVR. The purpose of this group is to better connect all residents
and businesses to recycling, composting and waste disposal information in the most cost effective and efficient manner.
In 2018, the County increased CRP funding in total by $80,000, but also made modifications to the funding formula while
implementing additional requirements for the CRP.
Under the 2017 funding formula, DVR cities received 52 percent of the community funding in the County. However, with
the 2018 modifications, the two largest cities in Dakota County (Burnsville and Eagan), received a reduction in funding.
Under the modified 2018 formula, DVR cities are now receiving only 46 percent of the total community funding for the
County. The result is that DVR will have a budget shortfall of approximately $10,000 in 2018, and a projected shortfall of
$12,000 (reduced from $17,000) in 2019.
DVR partner cities are committed to supporting the County’s goals for waste reduction and recycling, and are sensitive to
the impacts caused by these modifications. While we understand the desire to provide additional funding to cities
throughout the county, it is difficult to comprehend how reducing funding to the two largest cities (while increasing the
overall funding to CRP) will improve the County’s ability to reach its goals. By population alone, one may argue that
Burnsville and Eagan are best positioned to have the most positive impact in assisting the County reach its waste reduction
and recycling goals.
To that end, DVR staff along with senior leaders from both the cities of Eagan and Burnsville have met with County staff on
a number of occasions to express concern for the increased requirements and funding shortfalls. We would like to express
our thanks and appreciation to County staff for not only listening to our concerns, but also adjusting the CRP for 2019 to
include an inflationary increase. This action reduced the 2019 shortfall from $17,000 to approximately $12,000, which
allows us to pay our DVR staff cost-of-living wage adjustments.
DVR partner cities are respectfully requesting the County provide both 2018 and 2019 funding that will allow DVR cities to
maintain programs and resources currently in place and that the 2020 funding formula and program requirements are re-
examined.
--continued--
DAKOTA VALLEY RECYCLING
13713 Frontier Court ∙ Burnsville, MN 55337
952-895-4559 ∙ www.DakotaValleyRecycling.org
Because most of the programming for 2018 has already been completed for the year, DVR was not able to modify its work
plan to reduce service levels, resources or programming to account for the funding shortfall. Without the additional
$12,000 in funding next year, reduction in service levels for 2019 are inevitable, and will be most noticeable on the events
most visible in the communities. This includes staffing presence to promote recycling, organics and waste disposal at large
community events; adding recycling and organics containers to parks; and hosting of community-wide promotional events
such as shoe and pumpkin recycling, etc. Further, staff resources will need to focus on fulfilling the increased work plan
requirements, which include a significant increase in reporting.
During discussions between County and DVR staff, County staff indicated a commitment to re-examining the funding
formula and reporting requirements for 2020. DVR partner cities are delighted to hear this and we are respectfully
requesting that the Board support County staff’s efforts in re-examining the funding formulas for 2020 and beyond to fund
the program according to the number of homes and businesses being served.
We appreciate the County’s support and willingness to listen to the cities’ concerns, and we thank the County for the
funding it provides for this important program. We look forward to working cooperatively with County staff toward making
meaningful change that will allow the County and Cities to meet recycling, organic collection and waste disposal goals in the
future.
To learn more about DVR, we invite you to visit our website at www.dakotavalleyrecycling.org.
We appreciate the County’s continued support and for your consideration of this issue.
Sincerely,
Mayor Elizabeth B. Kautz Mayor Mike Maguire Mayor Mary Hamann-Roland Mayor Doug Anderson
Burnsville Eagan Apple Valley Lakeville
CC: Matt Smith, Dakota County
Steve Mielke, Dakota County
Georg Fischer, Dakota County
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove P ermit for A nimal Not Meeting Definition of Household Pet (Reindeer) for S pecial
Outdoor Promotion E vent on December 6, 2018, by L ifeworks, 14655 E vendale Way
S taff Contact:
K athy Bodmer, A I C P, Planner
Department / Division:
Community Development Department
Applicant:
Dakota Child and Family Clinic and L ifeworks P roject Number:
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
Approve permit for use of animal not meeting definition of household pet (reindeer) for
special outdoor promotion event, Lifeworks, 14655 Evendale Way, on December 6, 2018,
from 5:00 p.m. to 8:00 p.m.
S UM M ARY:
Dakota Child and Family C linic of Burnsville is co-hosting an outdoor winter event with
Lifeworks at the Lifeworks site, 14655 Evendale Way, on D ecember 6, 2018, from 5:00 p.m.
to 8:00 p.m. T he event is open to the public and the program organizers would like to have
two live reindeer as part of their winter celebration. In addition to the animals, the outdoor
celebration will include crafts, music, food and games.
Sect. 91.06(D)(3) of the C ity C ode states that any person desiring to keep an animal that is
not classified as a "household pet" must obtain a permit from the C ity Council. In this case, a
reindeer does not meet the definition of a "household pet" so approval from the C ity C ouncil
must be obtained in order to be allowed at the special outdoor promotion. T he permit for the
outdoor special promotion will be reviewed administratively.
T he reindeer will be provided and handled by Kendallville Farms, Glencoe, MN, a company
which often rents live reindeer for C hristmas events. T he two reindeer will be located on the
parking lot of Lifeworks, kept in harnesses, with two to three handlers on site. T he reindeer
and handlers will mingle with the crowd and waste will be removed by the event organizer.
Kendallville Farms is an insured provider of live animals and will maintain control over the
animals at all times. Lifeworks also has insurance. Dakota Clinic estimates that 100 people
will attend the event at any one time. T he format will be an open house, with people coming
and going during the event time period. T he event will also feature a Toys for Tots donation
drive.
Dakota C hild and Family clinic is a primary care, non-profit clinic that provides health
services to all, regardless of ability to pay. Lifeworks provides fiscal support, employment
and day services to 2,500 individuals with disabilities and their families throughout the Twin
Cities and Greater Mankato area.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
L ocation Map
Code E xcerpts
Site P lan
Lifeworks
150TH ST WJOHNNY CAKE RIDGE RDUP PER 147TH STW147TH ST W
149TH ST W ENERGY WAY148THSTW EUROPAAVEEVEREST AVEEUROPAWAY
150TH ST W
LIFEWORKS
µ
LOCATION MAP
^
CODE EXCERPT
CHAPTER 91 - ANIMALS
§ 91.06 ANIMALS WITHIN CITY LIMITS.
(D) Keeping of certain animals prohibited.
(1) Prohibited animals. No person shall keep, maintain or harbor within the city
any of the following animals:
(a) Any animal or species prohibited by Minnesota or federal law.
(b) Farm poultry or farm animal, except in the following cases:
1. Farm poultry or farm animals may be kept on property zoned
for agricultural uses.
2. Horses may be kept on property zoned R-1 Single Family
Residential (minimum lot size of 40,000 sq. ft.).
(c) Any animal or species not defined as a HOUSEHOLD PET.
(3) Exceptions; permit required.
(a) Any persons desiring to keep animals prohibited under division
(D)(1) of this section for entertainment, exhibition, show or promotional purposes only may
obtain a permit from the City Council. Such a permit shall be issued for a period not to exceed 30
days and shall specify further conditions under which such animals shall be kept. A public zoo or
other institution engaged in a permanent display of animals may be issued a permanent permit,
provided applicable zoning requirements are met. The Minnesota Zoological Gardens is exempt
from this requirement.
(E) Removal of animal waste required. The owner or keeper of any animal shall be
responsible for the immediate removal and proper disposal of any feces deposited by such animal
on any property, public or private, not owned or exclusively occupied by the owner or keeper.
The owner or keeper of any animal shall also be responsible for the periodic removal and proper
disposal of feces deposited by such animal on property owned or exclusively occupied by such
owner or keeper so as to prevent the creation of a public nuisance within the meaning of § 94.15.
(Ord. 961, passed 2-27-14)
AERIAL SITE PLAN
LIFEWORKS
NORTH
LIFEWORKS
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
P roclaim November 24, 2018, as "S mall Business Saturday"
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:
Proclaim November 24, 2018, as "Small Business Saturday".
S UM M ARY:
T he Saturday after T hanksgiving has been widely recognized as Small Business Saturday
and a day to encourage communities to shop with local small businesses.
B AC K G RO UND:
Small businesses are an important part of both the national and Apple Valley economies.
Small businesses employ many people, create new jobs, boost the economy, and preserve
neighborhoods. Mayor Hamann-Roland is the sponsor of the proclamation.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Proclamation
CITY OF APPLE VALLEY
PROCLAMATION
WHEREAS, the City of Apple Valley celebrates our local small businesses and the
contributions they make to our local economy and community; according to the United States
Small Business Administration, there are currently 30.2 million small businesses in the United
States, they represent 99.7 percent of all businesses with employees in the United States, are
responsible for 65.9 percent of net new jobs created from 2000 to 2017; and,
WHEREAS, small businesses employ 47.5 percent of the employees in the private sector
in the United States; and,
WHEREAS, 90% of consumers in the United States say Small Business Saturday has
had a positive impact on their community; and,
WHEREAS, 89% of consumers who are aware of Small Business Saturday said the day
encourages them to Shop Small all year long; and,
WHEREAS, 73% of consumers who reportedly Shopped Small at independently-owned
retailers and restaurants on Small Business Saturday did so with friends or family; and,
WHEREAS, the most reported reason for consumers aware of the day to shop and dine
at small, independently-owned businesses was to support their community (64%); and,
WHEREAS, supports our local businesses that create jobs, boost our local economy and
preserve our communities; and,
WHEREAS, advocacy groups, as well as public and private organizations, across the
country have endorsed the Saturday after Thanksgiving as Small Business Saturday.
NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County,
Minnesota, hereby proclaims November 24, 2018, as “Small Business Saturday” in Apple
Valley and urges the residents of our community, and communities across the country, to
support small businesses and merchants on Small Business Saturday and throughout the year.
PROCLAIMED this 15th day of November, 2018.
_________________________________
ATTEST: Mary Hamann-Roland, Mayor
____________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
P olice Department B ody Camera Program
S taff Contact:
Captain Nick Francis
Department / Division:
P olice Department
AC T I O N RE Q UE S T E D:
1. Adopt a resolution setting a public hearing for consideration on the purchase and policy
of body-worn camera system at 7:00 p.m. on November 29, 2018.
2. Authorize the C ity Clerk to immediately post the draft Policy on the C ity’s website.
3. Invite the public to submit comments concerning the Policy electronically, by mail, or
by attendance at the public hearing.
S UM M ARY:
T he Police Department is requesting permission to move forward with a body camera
system. Minnesota State Statute 626.8473 requires law enforcement agencies to:
- Provide an opportunity for public comment prior to purchase or implementation of a body
worn camera system
- Provide an opportunity for public comment prior to adoption of a written policy
T his requested actions are to comply with state law.
B AC K G RO UND:
T he Police Department's current in-car video system has been in service since 2016. T hat
system was selected to allow for the integration of body camera technology. After much
research and planning, the department would like to move forward with a body camera
program. State law is now very clear in what data captured on body cameras is public and
what is private. T his has allowed the police department direction in drafting our proposed
policy.
State law also requires that local agencies seek input from the public on the purchase and
policy related to body cameras. Police staff will post the draft policy on the city website and
accept comments electronically, by mail, or by attendance at the public hearing which we
propose is set for November 29th.
B UD G E T I M PAC T:
T he funds for this project are available in the D UI forfeiture fund. T he estimated purchase
cost is approximately $56,000. T he maintenance agreement cost is budgeted as an
operational expense at approximately $7,000 per year.
AT TAC HM E NT S :
Agreement
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-____
A RESOLUTION SETTING A PUBLIC HEARING ON THE PURCHASE AND
IMPLEMENTATION OF A BODY-WORN CAMERA SYSTEM AND A PROPOSED
POLICY REGARDING BODY-WORN CAMERAS
WHEREAS, the City of Apple Valley (“City”) has drafted a policy (“Draft Policy”)
which establishes the framework for proper use of body-worn recording system technology and
the administering of the data associated with the use of the system; and
WHEREAS, Minnesota Statute § 626.8473, Subd. 2, provides that the City must give an
opportunity for public comment prior to purchase or implementation of a body-worn camera
system; and
WHEREAS, the City is considering purchasing and implementing a body-worn camera
system; and
WHEREAS, Minnesota Statute § 626.8473, Subd. 3, provides that a City that uses or
proposes to use a body-worn camera system must establish a written policy and to provide for
public comment and input into the development and adoption of the policy; and
WHEREAS, the Draft Policy is completed and available for Council consideration
following a public hearing to be held at its regularly scheduled meeting on November 29, 2018;
NOW, THEREFORE, BE IT RESOLVED, by the City Council that a public hearing
concerning purchasing a body-worn camera system and the Draft Policy is hereby scheduled for
November 29, 2018, at 7:00 p.m., or as soon thereafter as possible, at the Apple Valley
Municipal Center, 7100 147th Street West, in the City of Apple Valley, Minnesota
NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council that the City
Clerk immediately post the Draft Policy on the City’s website and invite the public to submit
comments concerning purchasing a body-worn camera system and the Draft Policy either
electronically, by mail, or by attendance at the public hearing.
ADOPTED this 15th day of November, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
NOTICE OF PUBLIC HEARING
CITY OF APPLE VALLEY
NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota
County, Minnesota, will meet at the Municipal Center, 7100 147th Street W., Apple Valley,
Minnesota on Thursday, November 29, 2018, at 7:00 p.m., or as soon thereafter as possible. A
purpose of the meeting will be to hold a public hearing on considering the purchase and
implementation of a body-worn camera system and a proposed policy regarding body-worn
cameras.
The draft policy for the use of the body-worn camera system is posted on the City’s website
at www.ci.apple-valley.mn.us.
Comments regarding the purchase or policy may be made through the website, by mail
addressed to the City Clerk, or at the Municipal Center at the public hearing.
BY ORDER OF THE CITY COUNCIL
___________________________
Pamela J. Gackstetter
Apple Valley City Clerk
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove Various Fees for 2019
S taff Contact:
B arry B ernstein, Parks and Recreation Director
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve 2019 fees for Redwood Pool and Apple Valley Family Aquatic C enter, Sports
Arena and Hayes Park Arena, and Valleywood Golf C ourse as presented and grant Parks and
Recreation Director or designee the latitude to adjust the fees for promotions.
S UM M ARY:
T he Parks and Recreation Advisory C ommittee has reviewed the proposed 2019 Fee
Schedules for Aquatics, Arenas, and Golf C ourse. T he C ommittee recommended approval
of all fees as presented.
B AC K G RO UND:
T he Parks and Recreation Advisory Committee reviewed the proposed 2019
Aquatics, Arenas and Golf Course Fee Schedules at their November 1, 2018, meeting.
Regional aquatics competitors have not proposed increasing admission fees and therefore
staff is recommending no changes to the daily admission fees at the Apple Valley aquatic
facilities. To remain competitive in the arena operations staff is proposing no increase in
arena rental fees. An adjustment of Valleywood's 7-day Season pass and Executive pass is
recommended; however, all other fees would remain the same.
As in previous years, the C ommittee suggested the Parks and Recreation Director or
designee continue to be allowed latitude to adjust fees for promotional rates as needed to be
market competitive and enhance revenue.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Exhibit
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove Release of Various Natural Resources Management Permit Financial Guarantees
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 full releases of various Natural Resources Management Permit financial guarantees
to D.R. Horton, Inc. - Minnesota in the amount of $130,000.00
S UM M ARY:
T he following projects have been inspected and are compliant according to City
requirements:
1. Embry Place 2nd Addition
Permit No. AV061676
Amount $39,000.00
Reduce now to $0.00
2. Embry Place 3rd Addition
Permit No. AV065838
Amount $34,000.00
Reduce now to $0.00
3. C ortland 4th Addition
Permit No. AV053776
Amount $22,000.00
Reduce now to $0.00
4. C ortland 5th Addition
Permit No. AV059034
Amount $35,000.00
Reduce now to $0.00
B AC K G RO UND:
T he C ity retains Natural Resources Management Permit (N RMP) financial securities to
ensure the protection of natural resources during land disturbing activities.
B UD G E T I M PAC T:
N/A
I T E M: 4.K.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove L ease Extension with Time Square S hopping Center I I , L L P, for A pple Valley L iquor
S tore #1
S taff Contact:
Tom L awell, City A dministrator
Department / Division:
A dministration Department
AC T I O N RE Q UE S T E D:
Council should consider a motion to approve the attached Lease Extension for Apple Valley
Liquor Store #1 with Time Square Shopping Center II, LLP, and authorize the Mayor and
City C lerk to sign the lease on behalf of the C ity.
S UM M ARY:
T he C ity of Apple Valley has for many years leased a retail space in Time Square Shopping
Center for Apple Valley Liquor Store #1. T he current three-year lease will expire on
J anuary 31, 2019 and it is requested that the lease be renewed for an additional three-year
term.
B AC K G RO UND:
T he C ity C ouncil is requested to approve an extension of our lease currently in place
between the City and Time Square Shopping Center. T he C ity is aware that the long-time
owner of the shopping center has entered into a purchase agreement with a prospective new
owner. Ownership transfer is anticipated to occur in early 2019. In order to preserve the
stability of our tenancy, both the current and prospective owners support the three-year lease
extension with the City for Liquor Store #1. T he prospective new owner of the shopping
center envisions adding new tenants and making physical improvements to the center.
Depending upon the details and timing of the redevelopment plans, a longer lease term may
be proposed at some point during 2019.
B UD G E T I M PAC T:
Under the lease extension, monthly rental costs will be $11,500 per month for the next 36
months. In addition, the C ity will pay its share of the common area maintenance charges and
taxes as a tenant in the multi-tenant commercial building. T hose charges are anticipated to be
$49,000 per year. All of the described charges are provided for in the C ity's proposed
2019/2020 budget.
AT TAC HM E NT S :
Exhibit
1
LEASE EXTENSION
This Agreement is entered into effective this ____ day of November 2018 by and between Time
Square Shopping Center II, L.L.P., a Minnesota limited liability partnership, (“Landlord”) and the
City of Apple Valley, a Minnesota municipal corporation (“Tenant”).
WITNESSETH
WHEREAS, Apple Valley Shopping Center, a Minnesota partnership, entered into a Lease dated
September 7, 1989 for premises commonly known as 7525 West 148th Street, Apple Valley,
Minnesota; and
WHEREAS, Apple Valley Shopping Center assigned its interest to Landlord; and
WHEREAS, the parties entered into a Lease Extension on January 28, 2010 which extended the
lease for three (3) years commencing February 1, 2010 and ending January 31, 2013; and
WHEREAS, the parties entered into a Lease Extension on December 7, 2012 which extended the
lease for three (3) years commencing February 1, 2013 and ending January 31, 2016; and
WHEREAS, the parties entered into a Lease Extension on October 22, 2015 which extended the
lease for three (3) more years commencing February 1, 2016 and ending January 31, 2019; and
WHEREAS, the parties desire to enter into an additional Lease Extension which will further extend
the lease for three (3) more years commencing February 1, 2019 and ending January 31, 2022.
NOW, THEREFORE, in consideration of the facts recited above, the sufficiency whereof is
hereby acknowledged, the parties agree as follows:
1) Lease Extension. The Lease is hereby extended for an additional terms of three (3) years
commencing February 1, 2019 and ending January 31, 2022.
2) Base Rent. The Base Rent during this extended term shall be Eleven Thousand Five
Hundred and 00/100 Dollars ($11,500.00) per month.
3) Assignment by Landlord. Article 12.03 Assignment by Landlord is hereby deleted in its
entirety.
4) Other Terms Remain Unchanged. Except as set forth in this Agreement, all other terms and
conditions set forth in the Lease, as previously amended and extended, shall remain
unchanged.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
2
TIMES SQUARE SHOPPING CENTER II, L.L.P.
a Minnesota limited liability partnership
By ____________________________________
Robert Levine, Managing Partner
CITY OF APPLE VALLEY, a Minnesota
municipal corporation
By ____________________________________
Mary Hamann-Roland
Its: Mayor
By ____________________________________
Pamela J. Gackstetter
Its: City Clerk
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
Reliable Mini Warehouses of A pple Valley
S taff Contact:
A lex Sharpe, Planner and Economic Development Spec.
Department / Division:
Community Development Department
Applicant:
Don Hawkins
P roject Number:
P C18-23-F B
Applicant Date: 8/22/2018 60 Days: 10/21/2018 120 Days: 12/20/2018
AC T I O N RE Q UE S T E D:
1. Adopt resolution approving the final plat and development agreement.
2. Adopt resolution approving a site plan/building permit for a self-storage facility on Lot
1, Block 1, Reliable Mini Warehouses of Apple Valley.
S UM M ARY:
Don Hawkins, on behalf of Reliable Mini Warehouses of Apple Valley, submitted an
application to develop an unheated self-storage facility on the vacant parcel located at the
northeast corner of Upper 147th Street and Evendale Way. T he site is generally located north
of Uponor, east of Lifeworks, and south east of Wasatch Storage. T he proposal is for a six
building self-storage facility totaling 52,100 sq. ft.
On September 19, 2018 the Planning Commission reviewed and recommended approval of a
site plan and building permit authorization for Reliable Mini Storage Warehouses of Apple
Valley. T he Planning C ommission reviewed but does not provide a recommendation on a
final plat.
B AC K G RO UND:
T his site was preliminary platted with the Wasatch Storage project, as an outlot. To develop
the parcel the applicant is required to final plat the property. T he proposed use of the
property as a self-storage facility is a permitted use in the "I-1" Limited Industrial. Staff
discussed the plans with Uponor and shared an informational set of Wasatch and Reliable
storage plans with residential neighbors to the east.
Site Plan:
T he site plan originally submitted was modified to remove the east facing doors and
driveway closest to the neighboring residential properties. T his was done to address the
eastern setback requirement of the most eastern building. T he industrial zone requires a 60'
setback from residential zoned property, the building is setback approximately 62' from the
residential property. Removing the east facing storage units/overhead doors, also allowed for
more space to retain existing trees and to plant additional screening.
Elevations/Facade
T he applicant has worked collaboratively with staff to improve the materials and appearance
of the buildings. T his has been achieved by adjusting the door color to a more neutral color
rather than bright white. Additionally, a 12" to 24" overhang was added to the structures.
Finally, as previously mentioned, the overhead doors facing the easterly residential
neighborhood have been removed.
B UD G E T I M PAC T:
Park dedication for this property is included in the development agreement. As land is not
available for dedication, cash in lieu is calculated at $6,992.13.
AT TAC HM E NT S :
Resolution
Agreement
Resolution
Area Map
Z oning Map
F inal Plat
Site P lan
Utilities Plan
Elevations
L andscaping Plan
Memo
L etter
L etter
Background Material
Presentation
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-___
FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL
RELIABLE MINI WAREHOUSES OF APPLE VALLEY
WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as
Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and
WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held a
public hearing on an application for subdivision of land by plat on September 20,2017; and
WHEREAS, the City Planning Commission found the preliminary plat to be in conformance
with the standards of Chapter 153 of the City Code and recommended its approval on October 18,
2017, which was subsequently approved by the City Council on November 9, 2017; and
WHEREAS, pursuant to Chapter 153 of the City Code, a development agreement between the
applicant and the City detailing the installation of the required improvements in the subdivision and the
method of payment therefore has been prepared; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the development agreement and final plat for the following described
plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the same, to wit:
Reliable Mini Warehouses of Apple Valley
BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code that said plat shall be
filed with the Dakota County Recorder within sixty (60) days of the certified release from the City
offices or such approval shall be null and void.
ADOPTED this 15th day of November, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a
resolution adopted by the City Council and the final plat described therein is hereby released for
recording with the Dakota County Recorder this _____ day of __________________, ______.
____________________________________
Pamela J. Gackstetter, City Clerk
______________________________
_______________________________________
DEVELOPMENT AGREEMENT
Between
RELIABLE MINI WAREHOUSES LLC
And
CITY OF APPLE VALLEY
For
RELIABLE MINI WAREHOUSES OF APPLE VALLEY
_______________________________________
______________________________
1
A G R E E M E N T
WHEREAS, the City of Apple Valley, Dakota County, Minnesota, (the "City"), has been
requested by Reliable Mini Warehouses, LLC, a Minnesota limited liability company (the
"Developer") to approve for recording the following described plat:
The plat of Reliable Mini Warehouses of Apple Valley; and
WHEREAS, Developer intends to develop the real property legally described on the plat
(the “Property”) as one (1) lot; and
NOW, THEREFORE, in consideration of the mutual agreements of the parties, it is
hereby agreed by and between the parties as follows:
1. Subject to the terms and conditions of this Agreement, the City hereby approves for
recording the plat known as Reliable Mini Warehouses of Apple Valley, as shown and noted on
Exhibit “A” attached hereto.
2. This Plat is governed by the terms and conditions of the City’s Zoning Ordinance
(the “Ordinance”). Any use or development of the Plat shall be in accordance with the provisions
of the Ordinance.
3. The municipal improvements serving the Plat shall be maintained as follows:
A. The City shall only be responsible for maintenance of sanitary sewer lines having
a pipe equal to or greater than eight inches in diameter and located within public
right-of-way or utility easements. Maintenance of service and lateral lines shall be
in accordance with City Policy 2.03 Water and Sanitary Sewer Service
Maintenance and Repair Policy Adopted July 8, 2010, per Resolution 2010-144.
B. The City shall only be responsible for the maintenance of water lines having a pipe
equal to or greater than six inches in diameter and located within public right-of-
way or utility easements. Maintenance of service and lateral lines shall be in
accordance with City Policy 2.03 Water and Sanitary Sewer Service Maintenance
and Repair Policy Adopted July 8, 2010, per Resolution 2010-144.
C. The storm sewer improvements shall be owned and maintained by the City and
shall be located entirely within public right-of-way or dedicated public easements.
2
4. The Developer shall comply with the conditions of building permit authorization set
forth in City of Apple Valley Resolution No. 2018-___, a copy of which is attached hereto as
Exhibit “B” and incorporated herein.
5. Subject to the provisions hereunder, the Developer shall grade the Property and
install improvements within the Property, in accordance with and under the following conditions:
A. To complete all improvements in conformance with the plans and
specifications submitted by the Developer and approved by the City,
including but not limited to the following plans prepared by Steven E.
Gebauer, AMI Consulting Engineers P.A. dated September 12, 2018
(except as noted below), and any subsequent revisions as required by the
City Engineer:
Sheet C2.0 & 2.1 Site Plan & Details
Sheet C3.0 Grading Plan
Sheet C4.0 Utility Plan
Sheet C5.0 Storm Plan
Sheet C6.0-6.2 Storm Water Prevention Plans
Sheet L1.0 & 1.2 Landscape Plan (prepared by
Matthew Fair Jones,
Matthew Fair Jones, LLC
(August 22, 2018.)
B. To install connections to municipal utilities and street improvements as
provided in the Plans set forth in Section 5 (A).
C. To construct sidewalk(s) and driveways with concrete or bituminous
material in accordance with City construction standards.
D. To assure the completion of Evendale Way (boulevard grading and
sidewalk installation) as provided for in the development agreement and
plat of Apple Valley Wasatch.
E. To seal or cause to be sealed all existing wells on the Property in accordance
with State, County and local laws.
F. To install a protective box and cover over each sewer cleanout and water
shutoff, to City specifications.
G. To install all lot monuments upon or before August 31, 2019.
H. To install and maintain all materials (trees, shrubs and sod) identified in the
City approved landscape plan.
3
I. The Developer agrees to comply with all requirements of the Natural
Resources management regulations as set forth in Chapter 152 of the Apple
Valley City Code prior to, during and after the development of the Property.
The Developer further agrees to submit to the City for its approval, a Natural
Resources Management Plan prior to any construction or land-disturbing
activity in connection with the development of the Property. The Developer
shall implement and comply with all terms and conditions of the approved
Plan prior to and during any construction or land-disturbing activity,
including, but not limited to, maintaining the performance security required
in Chapter 152 of the Apple Valley City Code.
J. To install erosion control measures in accordance with the approved Natural
Resources Management Plan.
K. To install each item noted in this Section 5 at the Developer's sole cost and
expense, in accordance with all plans reviewed and approved by the City.
L. To attend a preconstruction meeting with representatives of the City and to
require the attendance of all contractors and subcontractors, prior to
commencement of construction.
M. Developer will not bury any pipe nor install bituminous surface nor pour
concrete pursuant to implementing the Plans, without the specific approval
of the City Inspector, prior to the work being performed.
N. All “on-site” inspections by the City will be done at the sole cost and
expense of Developer, by persons supplied by the City.
O. The Developer shall repair any and all damage to City streets, curbs, gutters,
utilities and other municipal improvements caused by or resulting from the
development of the Property, at the Developer’s sole cost and expense.
P. To deliver and to keep in existence with the City, a letter of credit or cash
escrow in the amount of $130,469.00 (“Financial Guaranty”) to secure the
performance and payment of the Developer's construction obligations under
this Agreement as they relate to the improvements designated by the City
in accordance with the provisions of Section 5 herein, in a form and with
terms to the sole satisfaction of the City, until all the construction
obligations are fulfilled.
Upon the issuance of a final certificate of occupancy for the Property, a written
request may be made to obtain a release of the Financial Guaranty. At the
time of final inspection of all improvements, if it is determined by the City
that the City approved plans and specifications were not strictly adhered to or
that work was done without City inspection, the City may require retain, or
require Developer to post, an amount equal to one hundred twenty-five percent
4
(125%) of the estimated amount necessary to correct the deficiency or to
protect against deficiencies arising therefrom. Such additional cash escrow
shall remain in force for such time as is necessary to complete the
improvement(s) in accordance with the approved plans and specifications.
Q. To pay the City's reasonable costs related to the Property and this
Agreement, including but not limited to administration, engineering, legal
fees, inspection and enforcement. The City shall submit invoices to the
Developer with detailed descriptions of the services rendered by the City in
accordance with this Agreement. The Developer shall deposit the sum of
$5,000 with the City toward payment of the City's reasonable costs. If the
City's reasonable costs exceed the deposit, Developer agrees to reimburse
the City within thirty (30) days of billing. Should the costs be less than the
amount of the deposit, upon completion of the improvements, the amount
remaining on deposit shall be returned to the Developer.
R. That any material violation of the terms of this Agreement and in particular
this section, shall allow the City to stop and enjoin all construction in the
Property until authorization to proceed is given by the City. The Developer
agrees to hold the City harmless from any damages, causes of action, or
claims related to the construction being stopped by the City.
6. The Developer agrees to install all utilities underground in the Property, specifically
including electrical, telephone, cable television and gas services. The Developer hereby represents
that all utility services will be available for a building prior to occupancy of any dwelling in that
respective building.
7. No occupancy of any building in the Property shall occur until water, sanitary
sewer, and a paved driving surface are available for use to that building.
8. Prior to the release of the plat for recording, the Developer shall:
A. Deliver to the City the Financial Guaranty (Section 5P).
B. Deposit the funds to the City (Section 5Q).
9. Upon submission of a building permit application, the Developer agrees to pay the
City for the public services furnished to the Property, in an amount as determined below upon the
basis of units (per building) as determined by the City Engineer, which amount shall be paid in the
following manner:
5
A. Sewer Availability Charge - The rate per unit is based on the year in which
the building permit is issued (presently $2,828.00 per unit - $2,485.00
Metro and $343.00 City). The person who applies for a building permit shall
pay, at the time of the issuance of the permit, an amount equal to the rate
times the number of units. This fee is subject to change if the obligation of
the City to the Metropolitan Waste Control Commission changes.
B. Water System, Supply and Storage Charge - The rate per unit is based on
the year in which the building permit is issued (presently $933.00 per unit).
The person who applies for a building permit shall pay, at the time of the
issuance of the permit, an amount equal to the rate times the number of
units.
10. The parties mutually recognize and agree that park dedication requirements as
provided in Chapter 153 of the City Code, shall be satisfied by a cash payment of $6,992.13. The
calculation of the park dedication payment is set forth in Exhibit “B”. Payment must be made to
the City prior to the release of the plat for recording.
11. The parties mutually recognize and agree that storm water pond dedication
requirements, as provided in Chapter 153 of the City Code, have been satisfied.
12. The Developer agrees to install and pay for a private street lighting system for the
Property, in accordance with City and Dakota Electric Company standards.
13. The Developer agrees to provide the City with as-built surveys for any building
constructed within the Property, prior to the issuance of the Certificate of Occupancy for that
building.
14. The Developer agrees to reimburse the City for all engineering, administrative and
legal costs and expenses incurred by the City in connection with this Agreement or the enforcement
thereof.
15. The Developer hereby specifically releases the members of the City Council from
any personal liability in connection with handling funds pursuant to the terms of this Agreement,
and further agrees to indemnify and hold the members of the City Council harmless from any
6
claim, of any and every nature whatsoever, as a result of this Agreement, the plat and the
development of the Property.
16. The parties mutually recognize and agree that all terms and conditions of this
Agreement shall run with the Property and shall be binding upon the respective heirs,
administrators, successors and assigns of the Developer.
IN WITNESS WHEREOF, the parties have hereunto set their hands this day of
______________, 2018.
[Signature pages to follow.]
7
Development Agreement
Signature page for Developer
DEVELOPER:
Reliable Mini Warehouses LLC
a Minnesota limited liability company
____________________________________
By: Vince Schroeder
Its: Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ________ )
On this _____ day of _____________________, 2018, before me a Notary Public within
and for said County, personally appeared Vince Schroeder to me personally known, who being by
me duly sworn, did say that he is the Manager of Reliable Mini Warehouses, LLC named in the
instrument, and that said instrument was signed on behalf of the company as the free act and deed
of the company.
______________________________
Notary Public
8
Development Agreement
Signature page for City
CITY OF APPLE VALLEY
________________________________
By: Mary Hamann-Roland
Its: Mayor
________________________________
By: Pamela J. Gackstetter
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this day of _____________, 2018, before me a Notary Public within and for said
County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that
the seal affixed on behalf of said municipality by authority of its City Council, and said Mayor and
Clerk acknowledged said instrument to be the free act and deed of said municipality.
_____________________________
Notary Public
This instrument was drafted by:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, Minnesota 55124
(952) 432-3136
MGD/sad (66-40697)
EXHIBIT A
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT
FOR RELIABLE MINI WAREHOUSES OF APPLE VALLEY
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout
the City; and
WHEREAS, said regulations provide that issuance of a building permit for commercial,
industrial, and multiple residential uses require the specific review and approval of development
plans by the Apple Valley Planning Commission and City Council; and
WHEREAS, approval of such a building permit issuance has been requested for the above
referenced project; and
WHEREAS, the Apple Valley Planning Commission has reviewed the development plans
and made a recommendation as to their approval at a public meeting held on September 19, 2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the issuance of a building permit for a six building self-storage
facility totaling 52,100 sq. ft. hereby authorized, subject to the following conditions:
1. If the Building Permit is not paid for and issued within one (1) year of the date of
approval, the approval shall lapse.
2. The Building Permit shall be applicable to property identified as Lot 1, Block 1,
Reliable Mini Warehouses of Apple Valley.
3. Construction shall occur in conformance with the site plan C2 dated September
12, 2018, on file with at City offices and attached to this resolution.
4. The applicant shall follow all conditions included in the City Engineer's memo
dated September 13, 2018.
5. A SAC determination from Metropolitan Council shall be obtained prior to issuance
of a building permit and as part of the developer's agreement.
6. Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling
space in accordance with Table 1-A on plans issued for permit.
7. Approval of a signage plan is not included with this site plan and building permit
authorization. A separate application and signage plan in conformance with the
sign regulations must be submitted for review and approval to the City prior to
the installation of any signs.
EXHIBIT B
2
8. The City of Apple Valley has adopted the 2015 MSBC 1306, subpart 3 Special Fire
Protection systems. This section would require the buildings to have an automatic
sprinkler system installed based on occupancy type and square footage.
9. The 2015 MSFC 505.1 requires premises identification. A final address shall be
assigned prior to the application for a building permit.
10. The access aisle shall be marked with a sign “no parking” at the head end of the
access aisle see MSAC 502.4.4.
11. Park Dedication in the amount of $6,992.13 shall be paid prior to the release of the
final plat.
12. The Site Plan and Building Permit Authorization is subject to the approval of the
Reliable Mini Warehouses of Apple Valley final plat.
13. Construction shall occur in conformance with the architectural plans dated 9-13-18,
subject to minor revisions.
14. Installation landscaping shall occur in conformance with the landscape plan dated
9-13-18, on file with the City, subject to minor revisions and subject to
conformance with landscaping requirements.
15. A tree removal plan shall be submitted prior to issuance of the building permit.
Trees required as part of the Lifeworks site development shall be required to be
replaced in a 1:1 ratio.
16. The owner shall submit a detailed nursery bid list at the time of application for the
building permit that confirms the value of the landscape plantings.
17. Construction and earthmoving activities shall be limited to the hours of 7:00
a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be
limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be
performed on Sundays or federal holidays.
18. Any site lighting shall consist of downcast, shoebox lighting fixtures or
wallpacks with deflector shields which confines the light to the property. The
lighting plan shall be reviewed and approved by the planner prior to issuance of
the building permit.
19. Final fire hydrant location shall be determined by the Apple Valley Fire Marshall at
the time of building permit.
20. Earthmoving activities shall not occur when wind velocity exceeds thirty (30)
miles per hour. Watering to control dust shall occur as needed and whenever
directed by the Apple Valley Building Official or Zoning Administrator.
3
21. The ongoing use and occupancy of the premises is predicated on the ongoing
maintenance of the structure and all required site improvements as listed in the
preceding. No alteration, removal, or change to the preceding building plans
or required site improvements shall occur without the express authorization of
the City. Site improvements which have deteriorated due to age or wear shall
be repaired or replaced in a timely fashion.
BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance
is subject to a finding of compliance of the construction plans with the Minnesota State Building
Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform
Fire Code, as determined by the Apple Valley Fire Marshal; and
ADOPTED this 15th day of November, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
4
CERTIFICATE
I, Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a
true and correct copy of a resolution adopted by the City Council on November 15, 2018, the
original of which is in my possession, dated this day of , 20 .
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT
FOR RELIABLE MINI WAREHOUSES OF APPLE VALLEY
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout
the City; and
WHEREAS, said regulations provide that issuance of a building permit for commercial,
industrial, and multiple residential uses require the specific review and approval of development
plans by the Apple Valley Planning Commission and City Council; and
WHEREAS, approval of such a building permit issuance has been requested for the above
referenced project; and
WHEREAS, the Apple Valley Planning Commission has reviewed the development plans
and made a recommendation as to their approval at a public meeting held on September 19, 2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the issuance of a building permit for a six building self-storage
facility totaling 52,100 sq. ft. hereby authorized, subject to the following conditions:
1. If the Building Permit is not paid for and issued within one (1) year of the date of
approval, the approval shall lapse.
2. The Building Permit shall be applicable to property identified as Lot 1, Block 1,
Reliable Mini Warehouses of Apple Valley.
3. Construction shall occur in conformance with the site plan C2 dated September
12, 2018, on file with at City offices and attached to this resolution.
4. The applicant shall follow all conditions included in the City Engineer's memo
dated September 13, 2018.
5. A SAC determination from Metropolitan Council shall be obtained prior to issuance
of a building permit and as part of the developer's agreement.
6. Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling
space in accordance with Table 1-A on plans issued for permit.
7. Approval of a signage plan is not included with this site plan and building permit
authorization. A separate application and signage plan in conformance with the
sign regulations must be submitted for review and approval to the City prior to
the installation of any signs.
2
8. The City of Apple Valley has adopted the 2015 MSBC 1306, subpart 3 Special Fire
Protection systems. This section would require the buildings to have an automatic
sprinkler system installed based on occupancy type and square footage.
9. The 2015 MSFC 505.1 requires premises identification. A final address shall be
assigned prior to the application for a building permit.
10. The access aisle shall be marked with a sign “no parking” at the head end of the
access aisle see MSAC 502.4.4.
11. Park Dedication in the amount of $6,992.13 shall be paid prior to the release of the
final plat.
12. The Site Plan and Building Permit Authorization is subject to the approval of the
Reliable Mini Warehouses of Apple Valley final plat.
13. Construction shall occur in conformance with the architectural plans dated 9-13-18,
subject to minor revisions.
14. Installation landscaping shall occur in conformance with the landscape plan dated
9-13-18, on file with the City, subject to minor revisions and subject to
conformance with landscaping requirements.
15. A tree removal plan shall be submitted prior to issuance of the building permit.
Trees required as part of the Lifeworks site development shall be required to be
replaced in a 1:1 ratio.
16. The owner shall submit a detailed nursery bid list at the time of application for the
building permit that confirms the value of the landscape plantings.
17. Construction and earthmoving activities shall be limited to the hours of 7:00
a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be
limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be
performed on Sundays or federal holidays.
18. Any site lighting shall consist of downcast, shoebox lighting fixtures or
wallpacks with deflector shields which confines the light to the property. The
lighting plan shall be reviewed and approved by the planner prior to issuance of
the building permit.
19. Final fire hydrant location shall be determined by the Apple Valley Fire Marshall at
the time of building permit.
20. Earthmoving activities shall not occur when wind velocity exceeds thirty (30)
miles per hour. Watering to control dust shall occur as needed and whenever
directed by the Apple Valley Building Official or Zoning Administrator.
3
21. The ongoing use and occupancy of the premises is predicated on the ongoing
maintenance of the structure and all required site improvements as listed in the
preceding. No alteration, removal, or change to the preceding building plans
or required site improvements shall occur without the express authorization of
the City. Site improvements which have deteriorated due to age or wear shall
be repaired or replaced in a timely fashion.
BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance
is subject to a finding of compliance of the construction plans with the Minnesota State Building
Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform
Fire Code, as determined by the Apple Valley Fire Marshal; and
ADOPTED this 15th day of November, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
4
CERTIFICATE
I, Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a
true and correct copy of a resolution adopted by the City Council on November 15, 2018, the
original of which is in my possession, dated this day of , 20 .
Pamela J. Gackstetter, City Clerk
Apple Valley Self-Storage
µ
LOCATION MAP ^
UPPER 147TH ST W
144TH ST W
JOHNNY CAKE RIDGE RD148TH ST W
ENERGY WAYEXLEY LNEUROPA AVEEUREKA CTEVELETH AVEE U R O P A W A YEVEREST AVEEVERGREEN TRLEXCELSIOR LN147TH ST W EUCLID AVEEVENDALE WAYEVERGREEN TRLEUROPA AVEEVEREST AVE144TH ST W
EXCELSIOR LN
Apple Valley Self-Storage
µ
ZON ING MAP ^
UPPER 147T H ST W
144TH ST W
JOHNNY CAKE RIDGE RD148TH ST W
ENERGY WAYEXLEY LNEUROPA AVEEUREKA CTEVELETH AVEE U R O P A W A YEVEREST AVEEXCELSIOR LN147TH ST W
EVENDALE WAYEUROPA AVEEVEREST AVE144TH ST W
EXCELSIO
R LN
P
BP
I-1
I-1
I-1
M-5C
M-5C
SHEET:DESIGNED BY:DRAWN BY:DATE:JOB No:REV. BY:REV:DATE:DESCRIPTION
COPYRIGHT ~ AMI CONSULTING ENGINEERS P.A. : 2006c
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,
OR REPORT WAS PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM A DULY
LICENSED UNDER THE
LAWS OF THE STATE OF
NAME:
SIGNATURE:
DATE:LIC. No:
5/17/2017 2:09 PM z:\2018\181168 apple valley storage\7_CAD\181168-2.SITE.dwg
Consulting Engineers P.A.
3640 TALMAGE CIR. VADNAIS HEIGHTS
651.337.9259 - amiengineers.com
SUPERIOR - IRON RANGE
MINNESOTA
PROFESSIONAL ENGINEER
___________
___________
___________
___________
___________
___________
___________
___________
___________
___________
___________
___________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
___________
___________
___________
___________
___________
___________
14650 EVENDALE WAY
APPLE VALLEY, MINNESOTA, 5512409/12/2018SEGSTEVEN E GEBAUER
___________47514181168RELIABLE MINI WAREHOUSES
SUBMITTAL PLANS - CR1
C2.0----
SITE PLANSEGSITE DATAKnow what'sbelow.before you dig.CallR3060PARKING DATAGENERAL GEOMETRIC AND PAVING NOTES:SIGNAGE AND MARKING NOTES:KEY NOTESCIVIL SITE LEGEND:
SHEET:DESIGNED BY:DRAWN BY:DATE:JOB No:REV. BY:REV:DATE:DESCRIPTION
COPYRIGHT ~ AMI CONSULTING ENGINEERS P.A. : 2006c
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,
OR REPORT WAS PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM A DULY
LICENSED UNDER THE
LAWS OF THE STATE OF
NAME:
SIGNATURE:
DATE:LIC. No:
5/17/2017 2:09 PM z:\2018\181168 apple valley storage\7_CAD\181168-4.UTILITY.dwg
Consulting Engineers P.A.
3640 TALMAGE CIR. VADNAIS HEIGHTS
651.337.9259 - amiengineers.com
SUPERIOR - IRON RANGE
MINNESOTA
PROFESSIONAL ENGINEER
___________
___________
___________
___________
___________
___________
___________
___________
___________
___________
___________
___________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
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___________
___________
___________
14650 EVENDALE WAY
APPLE VALLEY, MINNESOTA, 5512409/12/2018SEGSTEVEN E GEBAUER
___________47514181168RELIABLE MINI WAREHOUSES
SUBMITTAL PLANS - CR1
C4.0----
UTILITY PLANSEGKnow what'sbelow.before you dig.CallR3060GENERAL UTILITY NOTES:UTILITY LEGEND:400 | PVC/HDPE PIPE BEDDING403 | SANITARY SEWER CLEAN OUT414 | THRUST BLOCKS415 | HYDRANT ASSEMBLY
CITY OF
MEMO
Public Works
TO: Alex Sharpe, Planner
FROM: Brandon S. Anderson, PE, City Engineer
DATE: September 13, 2018
SUBJECT: Apple Valley Self Storage
General
1. Provide a narrative and site plan showing how the buildings will be constructed and any
impacts prior to building permit authorization. The narrative and plan shall include the
following:
a. Material Storage and Staging
i. All material storage to be onsite and indicated on plan.
b. Haul routes to and from the site.
c. Contractor and Subcontractor Parking locations
i. Onsite trade parking should be provided.
Permits
1. A Natural Resource Management Permit (NRMP) will be required prior to any land
disturbing activity commences.
2. A ROW Permit will be required for work in the Right of Way.
Site
1. All Previous Comments have been addressed
Grading Drainage and Erosion Control
1. Identify EOF on the grading plan C3.0 at the low points. FFE shall be 1.0’ above EOF.
Water Main and Storm Sewer
2. 1 1/2 “ Domestic water and 6” fire service shall be split outside the fence placed in a
location readily accessible per City of Apple Valley standard detail plate SER-6.
Additional valves as indicated shall be shown on plans C4.0.
3. Bollards should be provided in front of proposed hydrant in accordance with City of Apple
Valley standard detail plate STR-43.
131 S. 700 E., Suite 102
American Fork, UT 84003 www.wasatchstoragepartners.com
Phone: 801-692-1474
November 8, 2018
Mayor and Council Members,
My name is Scott Wyckoff and our company is Wasatch Storage Partners. We own the property
adjacent to the Proposed Apple Valley Self Storage project that is located across from Life Works on
Evendale Way. Our self storage facility is currently under construction. We apologize for not
commenting during the Planning Commission process, but we were not aware that this project was
proposed until recently. A quick review of the Planning Commission packages cause us great concern
about this project. The purpose of this letter is to clearly state our concerns so that you can review this
information prior to making a decision.
Concern #1:The design of the project is not consistent with the requirem ents outlined in Municipal
Code
155.346 Building and site Design
(A)The design of all building site and landscape plans shall be prepared by a professional
skilled and trained to perform these services.Buildings shall be designed to fit the particular site
and shall be harmonious with adjacent buildings,topography and natural surroundings and shall
otherwise meet the provisions of this chapter.
Our review of the drawings show that the buildings architectural design, or lack of design, are in no way
consistent or harmonious with the adjacent buildings. The Life Works building and our building have a
modern commercial/industrial Class A look and are constructed with commercial grade building
materials. Our design includes features like store front glass, canopies, tower elements, material and
color variation, metal partition systems and roofing. The proposed storage is block with a maroon block
stripe, asphalt shingles,residential siding, gables,and wood unit partitions. Those of us in the industry
call this type of facility a first generation facility similar to something that was built in the 1970’s. We
understand after reviewing the planning commission meeting videos that the re was an attempt to make
these buildings improve their appearance by making them look more “residential”. We didn’t buy and
spend millions of dollars on our investment in an industrial zone to have a neighbor that looks
residential and is building a product that is not comparable with the investment and quality that we
were led to believe was required in the city of Apple Valley. We understand the desire to protect the
neighboring residential districts, but on our project and per the code,that is handled with landscape
buffering and setbacks, not by allowing inferior construction, design and products. In no way does the
current project design meet the standard in the code of being harmonious with the adjacent buildings.
Concern #2:Site plan submitted for the Planning Commission meeting seems to be lacking some very
important health and safety elements. The first is the access to the site. It appears that in order to
enter the site you have to go through a gate . If there is more than one vehicle, box truck,etc.trying to
131 S. 700 E., Suite 102
American Fork, UT 84003 www.wasatchstoragepartners.com
Phone: 801-692-1474
access the property there is no room for vehicle storage and the waiting vehicle will be in the public
right of way impeding traffic to our project and the other neighboring use. Vehicle storage (stacking) at
the entrance should be handled on site as was required for our project.
Emergency Vehicle access appears to be a significant problem. Similar to what we were required to do ,
there should be a turning radius diagram demonstrating the ability for fire trucks to maneuver the sit e.
Also noted in the conditions of approval for the project it states that they need to add a trash enclosure
location. This should also be identified on an Emergency Vehicle radius exhibit as it may require
adjustment of the site plan as it may impact the turning radiuses.In addition,the site plan has not
identified the location of its proof of parking and it doesn’t appear that it was a requirement on their
preliminary plat approval. City of Apple Valley Resolution NO. 2017-167 A Resolution Authorizing
Issuance of a Building Permit For Wasatch Storage Partners, LLC, and Attaching Conditions Thereto
states in Conditions number 9 and 11 that proof of parking is required and cannot conflict with vehicle
access.Assuming they would have to meet the same requirements we did ,and using the calculations
that we were provided by city staff for our project,it appears they need to show proof of parking for 79
-102 additional parking spaces that are not currently identified on their site plan. Those parking stalls
can’t conflict with the emergency vehicle access. In order to meet this requirement it may require some
redesign of the site plan similar to what we had to do to our site plan when we added 164 parking stalls
in order to get our project approved.
Concern #3:Obligations we have with our development agreement and how they correlate with this
project cause us to ask a lot of questions that are unanswered at this time.The agreement requires us
to make significant improvements in Evendale Way, construction and dedication of storm drainage
facilities,etc. In addition to the requirement to construct these improvements there is a 2 year
warranty period. We received a change order request from our contractor st ating that there was going
to be a new vehicle access added to Evendale Way and we were supposed to prepare an estimate for
the cost. This was sent by a consulting engineer for the city by error and Brandon Anderson quickly
corrected him and informed us that it wasn’t our responsibility. But it brought up a lot of questions,
specifically how does the coordination work for the installation of our improvements and theirs, do they
pay for delays they cause our contractor if there is a conflict, do they take over the warranty
responsibility or is it voided since they will be tearing up improvements we just put in place. We don’t
want to have a 2 year warranty for work they modified or potentially damaged.What agreement is in
place with them and what financial security is in place to ensure they will complete the work and
warranty? In addition,what happens if we don’t complete the work or dedicate the land per our
agreement?I didn’t see any conditions for them that it has to be done prior to them starting or getting
approval.We have several similar questions and no one from the city has reached out to discuss these
items.Much work needs to be done to clarify the interaction of these projects and our d evelopment
agreement responsibilities.
Concern #4:In addition to the technical deficiencies outlined above,we have serious concerns if the
facility is built as designed and the impact of its operation on our facility and the neighboring residential
area.Based upon our review of the drawings,it does not identify an onsite office, so it appears the site
will be unmanned. This is reminiscent of first generation facilities and frankly are part of the reason
storage has such a bad name. With an unmanned site there is an opportunity for unsavory activities to
occur including dumping waste and debris, inappropriate or illegal uses operating out of the units,
people operating businesses out of the units, loitering, etc.
131 S. 700 E., Suite 102
American Fork, UT 84003 www.wasatchstoragepartners.com
Phone: 801-692-1474
What attracted us to Apple Valley when we made our investment was the character and quality of the
community. When we first talked to staff we understood that there is a high standard for quality design
and operation that would be required. We designed our project to be consistent with that standard.
We are strongly opposed to approval of this project as it is currently designed and don’t want a project
like that as a neighbor. In addition,we feel like it is only fair that they are held to the same standards
and requirements that we were when our project was approved.
We greatly appreciate your time in reviewing our concerns and the opportunity we have to comment.I
apologize if some frustration came out in this letter but please understand it is not directed toward you.
That said,we feel like we have been left out of the loop on this project and feel strongly that as a
neighboring land owner our concerns should be heard and addressed.Due to the short time we have
had to prepare our comments we reserve the right to add additional items that we missed.
Respectfully,
Scott Wyckoff, President
Reliable Mini Warehouses of Apple Valley –
Item 4L, November 15, 2018 Apple Valley City Council Agenda
Received November 14, 2018 - AS
Dear Apple Valley Mayor and City Council,
My name is Vince Schroeder and I am partners of Reliable Mini Warehouses with my mother,
brother, two sisters and lifelong friend of my father Don Hawkins. One of my sisters lives just
south of Apple Valley. Don Hawkins has been building storage units for over 40 years and has
the best design and building materials I've ever seen. He has built these facilities all over the
twin cities metro area and has dozens of extremely happy customers who own them. This is one
of his first chances to finally build them for himself as a partner here in Apple Valley. We are a
very small family based business who treats people fairly and with respect.
Our architect has been drawing Don's design since he started and Don has modified his design to
be even better over the years. We are working with local engineering and special inspection
companies to ensure everything has met the city requirements and have made building
modifications to satisfy the city council and to be a perfect fit for the community in serving their
needs and also in blending in between the commercial and residential community. Our tan and
maroon block are the exact same that Life works uses and our shingled roofs blend in with the
neighboring homes.
Our use of the lot is conforming for its intended use and we meet all city specifications and
codes.
We're very much looking forward to doing business and being a positive addition to your
community.
Thank you,
Vince Schroeder
Executive officer
Reliable Mini Warehouses, LLC
Apple Valley Self-
Storage Final Plat & Site
Plan/ Building Permit
Authorization
Requested Actions
1.Adopt resolution approval of a Site Plan and Building Permit
Authorization for a 6 building, 52,100 sq. ft. unheated self-storage
facility subject to compliance with all City Codes and conditions
listed in the report.
2.Adopt resolution approving final plat and development
agreement.
3.Respond to comments and concerns received in the last week by
the property owner, applicant, and adjacent property owner.
Site Location
Site Details
Final Plat
Site Plan
Landscape Plan
Architectural Elevations
Requested Actions
1.Adopt resolution approval of a Site Plan and Building Permit
Authorization for a 6 building, 52,100 sq. ft. unheated self-storage
facility subject to compliance with all City Codes and conditions
listed in the report.
2.Adopt resolution approving final plat and development
agreement.
3.Respond to comments and concerns received in the last week by
the property owner, applicant, and adjacent property owner.
Questions?
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove L icense A greement for S hed and Wall Encroachment on L ot 26, B lock 8, L ongridge
S econd Addition (8150 159th S treet Ct.)
S taff Contact:
Matt Saam, Public Works Director
Department / Division:
P ublic Works Department
AC T I O N RE Q UE S T E D:
Approve a license agreement for the encroachment of a shed and retaining wall on Lot 26,
Block 8, Longridge Second Addition (8150 159th Street C t.).
S UM M ARY:
Daniel and Colleen Colford own the property at 8150 159th Street. C t. T hey recently
constructed a small (1 to 2-foot high) retaining wall off their back patio area. T he wall
extends into the 5-foot wide public drainage and utility easement along the southeast side of
their lot. T here is also an existing shed in the rear of their lot which is partially within the
same 5-foot wide easement area.
Public Works and Engineering staff recently reviewed each of these encroachments into the
easement area. Staff feels that these encroachments are not hindering drainage and therefore
do not see a need to require them to be removed. Approval of a license agreement is
necessary to allow the shed and retaining wall to remain in the easement area.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Agreement
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“License Agreement”) is made as of the ___ day of
_________________, 2018, by and between the City of Apple Valley, a Minnesota municipal
corporation, (the "City") and Daniel P. and Colleen Colford, husband and wife (collectively the
"Owner").
WHEREAS, the Owner is the fee title holder of real property legally described as follows:
Lot 26, Block 8, Longridge Second Addition, according to the recorded plat thereof,
Dakota County, Minnesota
(the “Property”); and
WHEREAS, the City is the holder of a drainage and utility easement over, under and across
certain portions of the Property as depicted on the plat of Longridge Second Addition (the
“Easement”); and
WHEREAS, the Owner desires to acquire a license permitting the Owner to install a
retaining wall and shed into the Easement (collectively the “Improvements”) within the portion of
the City’s Easement depicted on Exhibit “A” attached hereto and incorporated herein (the “License
Area”);
NOW, THEREFORE, the parties hereto agree as follows:
1. The City hereby grants the Owner a license to construct the Improvements within the
License Area, subject to the terms and conditions contained herein.
2. This License Agreement does not convey to the Owner any title, interest or rights except for
the foregoing license. The Owner may not expand its encroachment onto other areas of the
Easement.
3. Nothing contained in this License Agreement shall be deemed to affect the right of the City,
its contractors, agents and servants to enter upon the Easement at all reasonable times to
construct, reconstruct, inspect, repair and maintain the drainage and utilities within the
Easement, and the further right to remove obstructions, including the Improvements.
4. The Owner shall not cause any damage to any existing or future utilities located within the
Easement and shall be responsible for any such damage caused by the Owner or by the
Owner’s guests or invitees.
5. The Owner shall indemnify and hold the City and its officers, employees, agents,
representatives, attorneys, successors and assigns harmless from any and all claims arising
out of or related to (i) damages to the Improvements from installation in the License Area,
(ii) the installation, use, maintenance, repair, removal, damage or destruction of the
Improvements, (iii) injury to the Owner or any third party caused by or related to the
Improvements, and (iv) damage to utilities and personal property of the City or any third
party caused by or related to the Improvements.
6. If the City determines, in the City’s sole discretion, that the Improvements have not been
properly constructed or maintained, then, upon request of the City, the Owner shall
immediately remove the Improvements from the Easement and restore the Easement to the
condition as it existed prior to the construction of the Improvements (collectively the
“Removal and Restoration Work”), at the Owner’s sole cost and expense. If the Owner fails
to timely complete the Removal and Restoration Work to the satisfaction of the City’s Public
Works Director, the City may seek any and all legal remedies available at law and equity,
including injunctive relief, and the City shall be entitled to recover from the Owner all of the
City’s cost and expenses, including but not limited to attorneys' fees.
7. The City may terminate this License Agreement at any time by giving written notice of
termination to the Owner at least sixty (60) days prior to the effective date of the termination.
Upon notice by the City and prior to termination of this License Agreement, the Owner shall
immediately perform the Removal and Restoration Work described in this License
Agreement. If the Owner fails to complete the Removal and Restoration Work prior to the
termination of this License Agreement, weather permitting, the City may seek any and all
legal remedies available at law and equity, including injunctive relief, and the City shall be
entitled to recover from the Owner all of the City’s cost and expense, including but not
limited to attorneys' fees.
8. Within thirty (30) days after presentation of a detailed invoice therefore, the Owner shall pay
or reimburse the City for all costs and expenses that the Owner is obligated to pay under this
License Agreement. If the Owner fails to pay the invoice, such charges shall become part of
the City assessments, and the City shall include such assessments as part of the real estate
taxes due and payable with respect to the Property. The Owner, on behalf of the Owner and
the Owner’s successors and assigns, waives any rights to hearings or notice of hearings
relating to the levying of any City assessments or the right to contest the assessments under
Minnesota Statutes Section 429.081.
9. The Owner’s obligations and liabilities pursuant to this License Agreement shall survive the
revocation or termination of this License Agreement and shall run with the Property.
In acknowledgement of the above agreement, the parties hereto affix their signatures on the
dates stated below.
Signature Page to License Agreement
City’s Signature Page
City of Apple Valley
____________________________________
By: Mary Hamann-Roland
Its: Mayor
____________________________________
By: Pamela J. Gackstetter
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2018, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and Clerk of the City of Apple
Valley, a Minnesota municipal corporation, on behalf of the municipal corporation.
__________________________________
Notary Public
Signature Page to License Agreement
Owner’s Signature Page
Owner:
____________________________________
Daniel P. Colford
____________________________________
Colleen Colford
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of ______________,
2018, by Daniel P. and Colleen Colford, husband and wife.
__________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY, MOLENDA, SOLFEST,
HILLS & BAUER P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
(PV: 66-________)
Exhibit “A”
[Place holder for sketch of License Area]
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove Grant Agreement with Minnesota Department of Natural Resources for Managing
E merald A sh Borer
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 grant agreement with the Minnesota Department of Natural Resources for managing
emerald ash borer, in the amount of $28,000.
S UM M ARY:
Attached for Council consideration is a Grant Agreement with the Minnesota Department of
Natural Resources for a successful application submitted by the Public Works Natural
Resources Division. T he C ity was awarded $28,000 to continue proactively managing public
ash trees through the emerald ash borer infestation.
T he attached grant agreement is a standard State of Minnesota agreement and includes a
Conflict of Interest Disclosure.
B AC K G RO UND:
In spring 2018, staff submitted a grant pre-application to the Minnesota Department of
Natural Resources (D N R) for Managing A sh for Emerald Ash Borer. T he grant would help
enhance current efforts to remove, replace, and treat ash trees on public properties.
In J uly 2018, staff was notified that the C ity pre-application was selected to move forward to
submitting a final application. Only 14 entities from 101 were selected and invited to
complete the final application. T he Minnesota D N R received grant pre-application requests
totaling $2,387,628. T he agency has $110,000 in available funds statewide.
In August, staff submitted the final application package including a Letter of Support from
the C ity C ouncil. In early September, staff was notified of a successful grant application in
the amount of $28,000. T he grant funds are available for reimbursement until spring of 2020.
B UD G E T I M PAC T:
T he C ity has funds budgeted for Emerald Ash Borer Management in the Public Works
Administration/Natural Resources budget. T he $28,000 grant award would supplement the
budgeted funds.
AT TAC HM E NT S :
Agreement
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove First A mendment to J oint P owers Agreement with Dakota County for P roject 2017-112,
Dakota County 38-52 C S A H 31 to T H 3, 2-L ane to 3-L ane
S taff Contact:
Matt Saam, Public Works Director
Department / Division:
P ublic Works Department
AC T I O N RE Q UE S T E D:
Approve the first amendment to the J oint Powers Agreement (J PA) with Dakota C ounty for
Project 2017-112, Dakota County 38-52 C SA H 31 to T H 3, 2-Lane to 3-Lane.
S UM M ARY:
T his past summer, the Dakota C ounty Board approved revisions to the C ounty’s
Transportation C ost Share Policy. T his change decreased the City’s cost participation
amount for projects like the current McAndrew’s widening, from a maximum of 45% to a
maximum of 25% of the project cost. However, since the J PA for the Mc Andrew’s project
was approved and signed prior to the C ost Share Policy change, an amendment to the existing
McAndrew’s J PA must be approved in order to lower the C ity’s cap to 25%.
T he C ity Attorney’s Office has reviewed and approved the amendment language .
B AC K G RO UND:
On J anuary 26, 2017, the C ity C ouncil approved a J PA with D akota County for cost share
related to Project 2017-112, Dakota C ounty 38-52 C S A H 31 to T H 3, 2-Lane to 3-Lane,
subject to final revisions and changes as approved by the C ity Administrator and City
Attorney.
B UD G E T I M PAC T:
T he C ity’s cost participation for the project will be capped at a maximum of 25% of the
project cost.
AT TAC HM E NT S :
Agreement
Dakota County Contract C0028533-1
1
FIRST AMENDMENT TO
JOINT POWERS AGREEMENT
BETWEEN
THE COUNTY OF DAKOTA
AND THE CITY OF APPLE VALLEY
FOR
ENGINEERING, RIGHT OF WAY ACQUISITION AND HIGHWAY CONSTRUCTION
WHEREAS, effective December 8, 2017, the County of Dakota (County) and the City of Apple Valley
(“City”) entered into a JOINT POWERS AGREEMENT (“JPA”) for the engineering, right of way
acquisition and highway construction of County Project 38-52 and City Project 2017-112; and
WHEREAS, the parties desire to amend the JPA to include the County’s revised transportation project
cost participation policies adopted by the Dakota County Board of Commissioners on August 7, 2018
pursuant to Resolution No. 18-403; and
WHEREAS, the JPA provides that any amendments shall be valid only when expressed in writing and
duly signed authorized representatives of both parties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as
follows:
1. To REPLACE Section 7. Payment with the following:
7. Payment.
A. Cost Sharing Cap. After application of all applicable cost sharing provision of this Agreement and
County transportation cost sharing polices for new or reconstruction involving excavation and other new
or reconstructed infrastructure contained in F.1 through F.18 in the adopted 2030 Dakota County
transportation Plan, except policies F.2 - Aesthetic, F.6 - Traffic Signals, and F.16 - Small Safety
Projects, the City cost share total payment requirement will be capped at a maximum of 25% percent of
total County eligible project costs, including all engineering, right of way acquisition, construction, and
construction administration costs. Costs identified as 100% the responsibility of the City, if any, such as
City utility improvements not required as part of the highway project, and aesthetics costs not eligible for
County participation are not County eligible project costs and will be at City’s sole cost in accordance
with applicable County policies.
For any portion of the Project where the County is retaining existing pavement, the cost share cap will
be calculated by applying 100 percent County cost to existing pavement retained and/or rehabilitated
through resurfacing, reclamation, or other methods, as part of the final project and applicable cost share
policies.
B. Administration. The County will administer the contract and act as the paying agent for all payments to
the Contractor. Payments to the Contractor will be made as the project work progresses and when
certified by the County Engineer.
C. Invoicing. Upon presentation of an itemized invoice by one agency to the other, the receiving agency
shall reimburse the invoicing agency for its share of the costs incurred under this agreement within 35
days from the presentation of the invoice. If any portion of an itemized invoice is questioned by the
receiving agency, the undisputed portion of the invoice shall be promptly paid, and accompanied by a
written explanation of the amounts in dispute. Payment of any amounts in dispute will be made following
good faith negotiation and documentation of actual costs incurred in carrying out the work.
2
2. All other terms of the JPA between the County and City shall remain in full force and effect
unless otherwise amended or terminated in accordance with law or the terms of the Contract.
3. In any case where this Amendment conflicts with the earlier Contract, this Amendment shall
govern.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
CITY OF APPLE VALLEY
RECOMMENDED FOR APPROVAL:
__________________________ By_________________________
Public Works Director Mayor
(SEAL)
By_________________________
City Clerk
Date_______________________
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By
Physical Development Director
__________________________ Date________________
County Engineer
APPROVED AS TO FORM:
Assistant County Attorney Date
KS-2018-_____________
COUNTY BOARD RESOLUTION
No. 18-403 Date: August 7, 2018
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove Water Quality I mprovement Cost Share Program Agreement with Nupur Argarwal and
S ourav Kundu for Native Garden I nstallation at 14191 Ensley Court
S taff Contact:
J ane Byron, Water Quality Technician
Department / Division:
Natural Resources Division
AC T I O N RE Q UE S T E D:
Approve Water Quality Improvement Cost Share Program Agreement with Nupur Argarwal
and Sourav Kundu for native garden installation at 14191 Ensley C ourt, payment not to
exceed $500.00 per project.
S UM M ARY:
T he following water quality cost share application was received by C ity staff and the project
was determined to be eligible for the program.
Name Address P roject Watershed
Nupur Argarwal & Sourav
Kundu
14191 Ensley C t Native Garden Farquar
Lake
T he standard C ity water quality improvement cost share program agreement approved by the
City Attorney was utilized for this project.
B AC K G RO UND:
In 2009 the City of Apple Valley began a voluntary cost share program for residential,
multiple-family, or institutional property owners to promote the installation of water quality
improvements. T hese improvements typically consist of rain gardens, native gardens,
buffers, and shoreline stabilization projects to reduce and treat stormwater runoff prior to its
entering the stormwater system. T his cost share program assists the C ity in meeting State
and Federal storm water management requirements.
T he program provides for reimbursement of 50 percent of qualifying expenses, not to exceed
a total reimbursement from the C ity of $500.00. T he program requires that the property
owner maintain their project to meet program standards for a period of no less than seven
years.
T his is the fourth Water Quality Improvement C ost Share application the C ity has received
in 2018.
B UD G E T I M PAC T:
T he maximum allowable reimbursement is $500.00 per lot or project. Funding for this
program is included in the 2018 operating budget for the Storm Drainage Utility.
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with Rinkside A dvertising Network for One-Year L ease of A dvertising S pace
within Hayes P ark Arena
S taff Contact:
Director, Barry Bernstein
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve the agreement with Rinkside Advertising N etwork for one-year lease of advertising
space within Hayes Park Arena.
S UM M ARY:
Rinkside Advertising Network wishes to enter into a one-year lease agreement with the City
of Apple Valley for posting of advertising on a dasher board within Hayes Park Arena.
Rinkside Advertising Network will make a one-time payment of $400.00 for the lease.
Staff recommends approval of the lease agreement using the standardized advertising
agreement form provided by the City Attorney's office.
B AC K G RO UND:
T he potential leasing of advertising space within Hayes Park Arena was brought for City
Council review and authorization in December 2015. Since that time, arena staff has been
actively pursuing the sale of advertising rental space on dasher boards, wall signs, ice
resurfacer and scoreboard, as well as in-ice logos. Sales profit will go toward arena
operation costs.
Staff has worked with the C ity Attorney to develop the standardized agreement form used in
leasing the available advertising space. An agreement with Rinkside A dvertising Network is
attached for City C ouncil consideration.
B UD G E T I M PAC T:
$400.00 for the one-year lease
AT TAC HM E NT S :
Agreement
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with K eys Well Drilling Company, for P roject 2018-146, Observation Well
I nstallation
S taff Contact:
Carol Blommel J ohnson, Public Works Superintendent - Utilities
Department / Division:
Utilities Division
AC T I O N RE Q UE S T E D:
Approve agreement with Keys Well Drilling C ompany, for Project 2018-146, Observation
Well Installation, in the amount of $44,564.00.
S UM M ARY:
On O ctober 26, 2018, quotations were received for installation of an observation well. Keys
Well Drilling provided the low quote. A summary of the base bid results process are
provided below and the detailed bid tabulation is attached.
Quotes:5320.6735 2018-146
Keys Well Drilling $44,564.00
Bergerson Caswell $51,399.00
Traut C ompanies $74,970.00
E.H. Renner $74,971.00
A standard City agreement will be utilized for this project.
A Source Water Protection C ompetitive Grant A pplication has been submitted to the
Minnesota Department of Health for $10,000 to assist in covering a portion of the
construction cost.
B AC K G RO UND:
T he work is being done as a requirement of the City's Water Appropriation Permit from the
Department of Natural Resources. T he well will be used to evaluate and monitor the
sustainability of the C ity's water supply wells in the J ordan aquifer. Keys Well Drilling
Company is qualified to construct and install the observation well.
On August 23, 2018, the C ouncil approved an agreement with A E2S for engineering services
for design and construction of the observation well.
B UD G E T I M PAC T:
Funding for the observation well construction will be from the Water Utility Operations
Fund.
Expenses
C onstruction $44,564.00
Engineering (A E2S), Admin, Legal 26,300.00
MD H Grant
(10,000.00)
C onstruction Contingency 2,200.00
Total Estimated C ost $63,064.00
T he electrical and S C A D A (Supervisory C ontrol and Data A cquisition) costs are not
included in these budget cost projections.
AT TAC HM E NT S :
Bid / Quote Tabulation
Apple Valley Observation Well ProjectItem No. DescriptionUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price1Mobilization/Demobilization1LS$2,500$2,500$2,500$2,500$11,250$11,250$15,000$15,0002Silt Fence60LF$5$300$10$600$10$600$10$6003Drill 12 inch nominal borehole210LF$55$11,550$40$8,400$95$19,950$60$12,6004Furnish & Install 8 inch casing213LF$40$8,520$45$9,585$60$12,780$52$11,0765Drill 8 inch nominal borehole100LF$35$3,500$35$3,500$50$5,000$90$9,0006Furnish & Install 4 inch casing313LF$18$5,634$18$5,634$20$6,260$25$7,8257Drill 4 inch nominal hole100LF$18$1,800$40$4,000$40$4,000$25$2,5008Grout Annular Spaces3CY$650$1,950$1,000$3,000$525$1,575$500$1,5009F.I.R Development Equipment1LS$500$500$2,000$2,000$1,500$1,500$1,100$1,10010Well Development/air lift/purge16Hrs$300$4,800$300$4,800$275$4,400$275$4,40011Geophysical Log1LS$1,600$1,600$3,000$3,000$3,100$3,100$1,600$1,60012Temporary Piping100FT$1$100$10$1,000$16$1,600$16$1,60013Site Restoration1LS$500$500$1,500$1,500$1,800$1,800$4,500$4,50014Locking Cover & Protective Casing1LS$300$300$150$150$125$125$300$30015Reinforced Concrete Pad0.7cy$800$560$1,400$980$1,150$805$1,100$770164 inch diam. Bollards3EA$150$450$250$750$75$225$200$600$44,564$51,399$74,970$74,971BergersonRennerKeysTotal BidEstimated UnitsTraut
I T E M: 4.S.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A pprove Change Order No. 2 to A greement with Ameresco, I nc., for E nergy S avings
P erformance Contract
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:
Approve C hange Order No. 2 to the agreement with Ameresco, Inc. for Energy Savings
Performance C ontract in the amount of $12,568.61.
S UM M ARY:
Attached is a proposed change to the project contract. T he change order covers two issues
summarized below. T he total budget impact for the entire change is an addition of
$12,568.61. T he contract sum prior to the approval of the change order is
$1,955,719.00. With the approval of the change orders, the contract sum would be
$1,968,287.61.
B AC K G RO UND:
Item 1: T he original project scope included changing out the individual fluorescent lamps in
the Municipal C enter and C ommunity Center buildings and parking lots. T he scope did not
include the three monument signs for the buildings located in the boulevards. Staff believes
it would be beneficial to change all of the lamps associated with the sites to LED.
T his proposed change order will add to the project scope the retrofitting and relamping of the
Community C enter and two Municipal C enter monument signs.
Item 2: T he original project scope included relamping the fluorescent light fixtures in the
Council C hambers. T hese fixtures have dimming ballasts that are attached to a dimming
panel in the C ouncil C hambers to allow for a variety of different lighting settings. In the past
year, many of the ballasts have begun to fail and appear to be at the end of their expected
useful life. T he ballasts are no longer manufactured. Staff believes the best long-term
solution is to replace the ballasts with LED drivers and create lighting subgroups. T his
solution would not be dimmable, but would be able to approximate the lighting settings used
in the C ouncil C hambers by switching on or off different groups of lights. Staff believes it is
most efficient to make the ballast change now during the relamping project and not to attempt
to maintain dimming ballasts with dated technology that is no longer manufactured.
T he proposed change order would replace the dimming ballasts with LED drivers, make
wiring modifications to allow light grouping, and connect the LED's to the panel in an on-off,
rather than dimming, configuration.
B UD G E T I M PAC T:
Item 1: $3,042.40
Item 2: $9,526.21*
* By proceeding with the LED retrofit, the C ity will be eligible for lighting rebates estimated
around $1,009.40, reducing the cost of the project by that amount to the City.
T he funding for this project is proposed to come from the Future Capital Projects Fund
AT TAC HM E NT S :
Change Order Document(s)
Change Order Document(s)
JOB NAME:City of Apple Valley ‐ Energy Savings Agreement (ESA)JOB #:33371‐2000
ECM:ECM 1: LED Facility Lighting Upgrades DATE:11/2/2018
FACILITY:‐CO #:Pending CO
The Retrofit Companies ‐ Community Center $1,025.00
The Retrofit Companies ‐ Municipal Center (City Hall) $1,195.00
The Retrofit Companies ‐ Municipal Center (Police) $415.00
‐$0.00
Subcontractor/ Subconsultant Subtotal $2,635.00
Qty. of Hours Hourly Rate Subtotals
Senior Project Manager: 0 x $125.00 = $0.00
Senior Project Engineer: 1 x $130.00 = $130.00
Energy Engineer: 1 x $100.00 = $100.00
M&V Engineer: 0 x $100.00 = $0.00
Administrative Assistant: 0 x $65.00 = $0.00
Commissioning: 0 x $130.00 = $0.00
Director 0 x $150.00 = $0.00
Ameresco Labor Summary:$230.00
Equipment:$0.00
Material:$0.00
Sales Tax:$0.00
Ameresco Materials & Equipment Summary:$0.00
Overhead 10%$23.00
Profit 5% Subcontractors and Subconsultants $131.75
Ameresco Guaranteed Energy Savings Measurement and Verification $0.00
Guarantee and Fees Summary:$154.75
Payment and Performance Bond:(Note: Bond Rate Utilized for Change Proposal = .75%)$22.65
Total Amount of Change Proposal
NOTES/ EXCLUSIONS:
$3,042.40
Change Proposal Breakdown
AMERESCO | 9855 West 78th Street, Suite 310, Eden Prairie, MN 55344 | Phone 612‐315‐6930 | Fax 952‐942‐5421
LED retrofit of entry signage at City of Apple Valley facilities.
CHANGE DESCRIPTION:
SCOPE OF WORK :City of Apple Valley ‐ Community Center‐Sign Lighting AdderLINE # BUILDING # / FACILITY NAMEFLOOR OR EXTERIORROOM # / LOCATIONAREA TYPE QTY EXISTING SYSTEMWATTS/ FIXTUREANNUAL BURN HRSQTY RECOMMENDED UPGRADEWATTS/ FIXTUREADDED CONTROL% REDUCTION IN HOURSANNUAL HOURS1City of Apple Valley ‐ Community Center 0Entry Signage 0 17L 50W LF3_T12 SIGNDOUBLE‐SIDED w/7 Actual Lamps ‐ [2] MAG377.6 4380 1RETROFIT SYSTEM w/ [x7] 18W NLL3 T12 ‐ ULT: ST36‐865‐DS004C lamp(s) & [x2] 4L LED DRIVER ‐ H ballast(s) 126 4380TOTALS 111 OF 1
SCOPE OF WORK :City of Apple Valley ‐ Municipal Center‐Sign Lighting AdderLINE # BUILDING # / FACILITY NAMEFLOOR OR EXTERIORROOM # / LOCATIONAREA TYPE QTY EXISTING SYSTEMWATTS/ FIXTUREANNUAL BURN HRSQTY RECOMMENDED UPGRADEWATTS/ FIXTUREADDED CONTROL% REDUCTION IN HOURSANNUAL HOURS1City of Apple Valley ‐ Municipal Center 0Entry Signage 0 15L 85W LF6_T12 SIGNDOUBLE‐SIDED w/5 Actual Lamps ‐ [2] MAG480.9 4380 1RETROFIT SYSTEM w/ [x5] 36W NLL6 T12 ‐ ULT: ST72‐865‐DS004C lamp(s) & [x3] 4L LED DRIVER ‐ H ballast(s) 180 4380TOTALS 111 OF 1
SCOPE OF WORK :City of Apple Valley ‐ Central Maintenance Facility‐Sign Retrofit AdderLINE # BUILDING # / FACILITY NAMEFLOOR OR EXTERIORROOM # / LOCATIONAREA TYPE QTY EXISTING SYSTEMWATTS/ FIXTUREANNUAL BURN HRSQTY RECOMMENDED UPGRADEWATTS/ FIXTUREADDED CONTROL% REDUCTION IN HOURSANNUAL HOURS1City of Apple Valley ‐ Public Works 0Entry Signage 0 12L 50W LF3_T12 SIGNSINGLE‐SIDED w/2 Actual Lamps ‐ [1] MAG110 4380 1RETROFIT SYSTEM w/ [x2] 9W NLL3 T12 ‐ ULT: ST36‐865‐SS004C lamp(s) & [x1] 4L LED DRIVER ‐ H ballast(s) 18 4380TOTALS 111 OF 1
JOB NAME:City of Apple Valley ‐ Energy Savings Agreement (ESA)JOB #:33371‐2000
ECM:ECM 1: LED Facility Lighting Upgrades DATE:11/2/2018
FACILITY:‐CO #:Pending CO
The Retrofit Companies $8,496.95
‐$0.00
‐$0.00
‐$0.00
Subcontractor/ Subconsultant Subtotal $8,496.95
Qty. of Hours Hourly Rate Subtotals
Senior Project Manager: 1 x $125.00 = $125.00
Senior Project Engineer: 2 x $130.00 = $260.00
Energy Engineer: 1 x $100.00 = $100.00
M&V Engineer: 0 x $100.00 = $0.00
Administrative Assistant: 0 x $65.00 = $0.00
Commissioning: 0 x $130.00 = $0.00
Director 0 x $150.00 = $0.00
Ameresco Labor Summary:$485.00
Equipment:$0.00
Material:$0.00
Sales Tax:$0.00
Ameresco Materials & Equipment Summary:$0.00
Overhead 10%$48.50
Profit 5% Subcontractors and Subconsultants $424.85
Ameresco Guaranteed Energy Savings Measurement and Verification $0.00
Guarantee and Fees Summary:$473.35
Payment and Performance Bond:(Note: Bond Rate Utilized for Change Proposal = .75%)$70.91
Total Amount of Change Proposal
NOTES/ EXCLUSIONS:
$9,526.21
Change Proposal Breakdown
The light fixtures are to be removed from the dimming panel. Switching of light fixtures to be modified for front/back control,
excluding pendant and soffit fixtures which are to be isolated as on/off only.
AMERESCO | 9855 West 78th Street, Suite 310, Eden Prairie, MN 55344 | Phone 612‐315‐6930 | Fax 952‐942‐5421
Non‐dimmable LED retrofit of City of Apple Valley Council Chambers.
CHANGE DESCRIPTION:
1010 Hoffman Drive, Suite A
Owatonna, MN 55060
Contractor #CA02116
ACCOUNT TRC REP KEN GLEASON
ADDRESS EMAIL
PHONE 507-456-3407
ATTN www.retrofitcompanies.com
PO#
DATE
QTY DESCRIPTION UNIT PRICE TOTAL
1 $12,777.95
Switching Rooms one Cove, Pendants, the tile grid ceiling Front half and back half. Eliminate Dimming
($1,009.40)
($4,281.00)
Rebate payable to:
This proposal valid for 30 days Subtotal $8,496.95
Terms: 50% Gross Project Value Down, Balance Upon Completion Shipping & Handling Included
Project is Financed Taxes n/a
If the invoice ages past 60 days, a lien will be filed.TOTAL $8,496.95
Signature
Title
Date
0
THE RETROFIT COMPANIES
CUSTOMIZED ENERGY-EFFICIENT
LIGHTING UPGRADE PROPOSAL
CORPORATE
PREPARED FOR: QUOTED BY:
City of Apple Valley Municipal Center
7100 147th Street West kgleason@retrofitcompanies.com
APPLE VALLEY, MN 55124
Toll Free 1-800-795-1230
CHARLES GRAWE
Your signature above or PO for this proposal indicates you are aware and in agreement with our warranty terms.
CGRAWE@CI.APPLE-VALLEY.MN.US 11/1/2018
COUNCIL CHAMBERS ADDER
Implement Customized Energy-Efficient Lighting Solution
This quote is contingent upon the assumption that the processor for the dimming panel requires no repair or reprogramming.
Any additional costs to repair or refurbish existing equipment would be the sole responsibility of the customer.
Estimated Dakota Electric Rebate (Based on 2018 rebate levels. Subject to
change in 2019)
Credit for Cost on Original Project
Client
*For all instances of PCB containing ballasts, generator must obtain EPA ID number and complete
profile/manifest paperwork to ensure proper off-site disposal upon completion of the project.
**Visa & MasterCard are accepted and will be charged 3% for processing
1.5% FINANCE CHARGE APPLIED TO ALL PAST
DUE ACCOUNTS
C) IF AT ANY TIME DURING INSTALLATION OR INSPECTION IT IS FOUND THAT THE FACILITY'S EXISTING ELECTRICAL DOES NOT MEET CURRENT CODE, THE RETROFIT COMPANIES, INC. IS NOT RESPONSIBLE FOR THE WORK REQUIRED TO
BRING ELECTRICAL UP TO CODE. THE RETROFIT COMPANIES, INC. REQUIRES FULL PAYMENT FOR THE ENTIRE CONTRACT. BUILDING OWNER IS RESPONSIBLE FOR MAKING ALL ARRANGEMENTS REQUIRED TO BRING ELECTRICAL UP TO
CODE.
TRC offers the full manufacturer's warranty for turn-key installations. We offer this assistance to ensure that your projects continue to offer the energy savings, as well as the maintenance savings we
have carefully explained in the decision making phase of the project.
• The project completion date offers the start date for tracking the warranty period.
• Labor, Delivery, Shipping, and Installation Equipment is not included
Any changes in the above specifications shall be made in writing, and as evidence of agreement, shall be signed by both parties. The contractor shall not be held responsible or liable for any loss,
damage or delay due to causes beyond his control. If the purchaser disposes of the property by sale or otherwise before this contract has been fulfilled, the full unpaid amount of the contract shall
become due and payable at once.
PLEASE TAKE NOTICE:
(A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.
(B) UNDER MINNESOTA LAW YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE
THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY
NOTICE.
SCOPE OF WORK :City of Apple Valley Municipal Center‐COUNCIL CHAMBERS ADDERLINE # BUILDING # / FACILITY NAMEFLOOR OR EXTERIORROOM # / LOCATIONAREA TYPE QTY EXISTING SYSTEMWATTS/ FIXTUREANNUAL BURN HRSQTY RECOMMENDED UPGRADEWATTS/ FIXTUREADDED CONTROL% REDUCTION IN HOURSANNUAL HOURS000000 0L 0W 0_0 w/0 Actual Lamps ‐ [0] 0 0 00 #N/A #N/A#N/A#N/A1 APPLE VALLEY MUNICIPAL 1ST FLOORCOUNCIL CHAMBERS 0 202L 26W CFN_DBL TUBE 4PIN N‐I CFRS w/2 Actual Lamps ‐ [1] MAG ES52 750 19RELAMP w/ 9.5W LED‐PL DBL TUBE 2PIN N‐I ‐ GREEN CREATIVE: 9.5PLH/835/BYP 28356 lamp(s) 19 7502 APPLE VALLEY MUNICIPAL 1ST FLOORCOUNCIL CHAMBERS 0 133L 40W CFN_2' BIAX 4PIN CF2X2 w/3 Actual Lamps ‐ [2] MAG ES120 750 13RETROFIT SYSTEM w/ [x3] 17W LED‐PL 2' BIAX 4PIN ‐ GREEN CREATIVE: 17PLL/835/DIR 97746 lamp(s) & [x1] 1L LED DRIVER ‐ N [x1] 2L LED DRIVER ‐ N ballast(s) 63 7503 APPLE VALLEY MUNICIPAL 1ST FLOORCOUNCIL CHAMBERS 0 282L 40W CFN_2' BIAX 4PIN CF1X4 w/2 Actual Lamps ‐ [1] MAG ES80 750 28RETROFIT SYSTEM w/ [x2] 17W LED‐PL 2' BIAX 4PIN ‐ GREEN CREATIVE: 17PLL/835/DIR 97746 lamp(s) & [x1] 2L LED DRIVER ‐ N ballast(s) 42 7504 APPLE VALLEY MUNICIPAL 1ST FLOORCOUNCIL CHAMBERS 0 44L 40W CFN_2' BIAX 4PIN CFH w/4 Actual Lamps ‐ [2] MAG ES160 750 4RETROFIT SYSTEM w/ [x4] 17W LED‐PL 2' BIAX 4PIN ‐ GREEN CREATIVE: 17PLL/835/DIR 97746 lamp(s) & [x2] 2L LED DRIVER ‐ N ballast(s) 84 7505 APPLE VALLEY MUNICIPAL 1ST FLOORCOUNCIL CHAMBERS 0 42L 36W CFN_2' BIAX 4PIN CFH w/2 Actual Lamps ‐ [1] MAG ES72 750 4RETROFIT SYSTEM w/ [x2] 14.5W LED‐PL 2' BIAX 4PIN ‐ GREEN CREATIVE: 14.5PLL/835/DIR 97750 lamp(s) & [x1] 2L LED DRIVER ‐ H ballast(s) 38 750TOTALS 1381361 OF 1
I T E M: 4.T.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A mending 2018 Pay and Benefit Plan
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:
Adopt resolution amending the 2018 Pay and Benefit Plan.
S UM M ARY:
Based on a review of departmental staffing needs and retail pay rates in the metro area, staff
recommends amending the 2018 Pay and Benefit Plan to increase part-time Liquor Sales
Clerk and Lead C lerk pay rates by $1.00 per hour.
B AC K G RO UND:
T he C ity's current hourly wage scale for variable-hour part-time Liquor Store Sales Clerk is
$11.00 - $12.00, with eligibility for a merit step to $13.25 after 5 years of service. T he scale
for Lead Clerk is $12.50 - $13.50, with eligibility for a merit step to $14.75 after 5 years of
service.
Liquor O perations management staff have recently experienced recruitment challenges and
some loss of these part-time staff members due to competition with other retailers paying
higher wages.
T he local Target store offers starting rates of $12.00 - $15.00 per hour. Many local fast-food
restaurants advertise starting rates of $12.00 and up, and C ostco raised its minimum wage to
$14.00 per hour earlier this year in J une.
Based on these factors, staff recommends amending the 2018 Pay and Benefit plan to to
increase part-time Liquor Store Sales C lerk and Lead Clerk pay rates by $1.00 per hour.
B UD G E T I M PAC T:
Approximately $1,630 in 2018 and $21,195 in 2019.
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION AMENDING THE 2018 PAY AND BENEFIT PLAN
WHEREAS, the City Council of Apple Valley adopted Resolution No. 2017-214
approving the revised 2018 Pay and Benefit Plan; and
WHEREAS, the city desires to amend the 2018 Pay and Benefit Plan to maintain competitive
pay rates for retail liquor store part-time sales clerks.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the 2018 Pay and Benefit Plan is hereby amended as follows:
1. That, the pay scale for part-time retail liquor sales clerk and lead clerk positions is adjusted by
$1.00 per hour.
2. That, staff is directed to amend the 2018 Pay and Benefit Plan document to reflect the changes
approved herein.
BE IT FURTHER RESOLVED, that all other items in the 2018 Pay and Benefit Plan remain
unchanged.
ADOPTED this 15th day of November, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 4.U.
C O UNC I L ME E T I NG D AT E :November 15, 2018
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
November 15, 2018
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)
Cory Barnes Hire Facility Attendant
Variable
Hour 1900 $ 10.00 Hourly C‐01 11/13/2018
Iesha Gosa Rehire Facility Supervisor
Variable
Hour 1900 $ 16.50 Hourly C‐08 11/19/2018
Jeff Jacques Rehire Maintenance I
Casual,
Seasonal 1600 $ 12.88 Hourly SM1 11/13/2018
Max Kranz Hire Facility Attendant
Variable
Hour 5205 $ 10.00 Hourly C‐01 11/15/2018
Madison Lentz Hire Facility Attendant
Casual,
Seasonal 5205 $ 10.00 Hourly C‐01 11/15/2018
Todd Stellick Hire Maintenance I
Casual,
Seasonal 1600 $ 12.16 Hourly SM1 11/13/2018
Grace Troje Hire Facility Attendant
Variable
Hour 5205 $ 10.00 Hourly C‐01 11/3/2018
Teresa Wilson Hire Sales Clerk
Variable
Hour 5020 $ 11.00 Hourly L‐1 11/9/2018
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.V.
C O UNC I L ME E T I NG D AT E :November 15, 2018
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 O ctober 17, 2018, and October 24, 2018, in the amounts of
$921,725.06, and $2,234,738.26 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 :November 15, 2018
S E C T I O N:Regular A genda
Description:
A dopt Resolution Canvassing Returns of November 6, 2018, General Election
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:
Adopt the resolution canvassing the returns of the November 6, 2018, General Election.
S UM M ARY:
T he State, C ounty, and C ity G eneral Election was held November 6, 2018. Attached is a
resolution canvassing the election results processed at the C ity. T he combined results from
Dakota C ounty and the C ity should be available next week, but are not necessary to certify
the municipal election.
T he Affidavits of Publication and certificates showing publication and posting of the Notices
of C andidate Filing, City General Election, public accuracy test, and sample ballots are on
file.
B AC K G RO UND:
Minn. Stat. § 205.185, Subd. 3, requires the governing body of a city to canvass the returns
and declare the results of the General Election between the third and tenth day following the
election.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
Exhibit
Exhibit
EXTRACT OF MINUTES
APPLE VALLEY CITY COUNCIL MEETING
NOVEMBER 15, 2018
The Clerk said the affidavits and certificates showing posting and publication of the
required notices for the City General Election of November 6, 2018, are on file. The Clerk then
presented the official returns of the judges of election from the City of Apple Valley. Said
returns were duly examined, approved, and ordered to be placed on file in the Office of the
Clerk.
Member ____________ introduced the following resolution and moved its adoption:
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION CANVASSING THE RETURNS OF THE NOVEMBER 6, 2018,
STATE, COUNTY, AND CITY GENERAL ELECTIONS
BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,
Minnesota, that it has hereby found, determined, and declared that the election held in and for
said City on November 6, 2018, was in all respects duly and legally called and held and the
returns thereof have been duly canvassed and that the votes cast at said election are shown on
Exhibit A attached hereto, which shall be considered a part of this resolution.
BE IT FURTHER RESOLVED that Mayor Hamann-Roland is hereby declared elected
Mayor of Apple Valley for a four (4) year term commencing January 7, 2019.
BE IT FURTHER RESOLVED that John Bergman and Clint Hooppaw are hereby
declared elected Councilmembers of Apple Valley for four (4) year terms commencing
January 7, 2019.
ADOPTED this 15th day of November, 2018.
__________________________________
Mary Hamann-Roland, Mayor
2
ATTEST:
____________________________________
Pamela J. Gackstetter, City Clerk
The motion for adoption of the foregoing resolution was duly seconded by Member
______________ and upon vote being taken, the following voted in favor thereof:
and the following voted against the same:
WHEREUPON, said resolution was declared duly passed and adopted and was signed by
the Mayor and attested to by the City Clerk.
Abstract of Votes Cast In the Precincts of the City of Apple Valley State of Minnesota at the State General Election Held Tuesday, November 6, 2018 as compiled from the official returns.
Summary of Totals City of Apple Valley Tuesday, November 6, 2018, State General Election Number of persons registered as of 7 a.m. 33602 Number of persons registered on Election Day 1942 Number of accepted regular, military, and overseas absentee ballots and mail ballots 7741 Number of federal office only absentee ballots 18 Number of presidential absentee ballots 0 Total number of persons voting 27170
Summary of Totals City of Apple Valley Tuesday, November 6, 2018, State General Election KEY TO PARTY ABBREVIATIONS NP - Nonpartisan Mayor (Apple Valley) NP Mary Hamann-Roland 21233 WI WRITE-IN** 644 Council Member (Apple Valley) (Elect 2) NP John Bergman 17857 NP Clint Hooppaw 16014 WI WRITE-IN** 393
Detail of Election Results City of Apple Valley Tuesday, November 6, 2018, State General Election Precinct Persons Registered as of 7 A.M. Persons Registered on Election Day Total Number of Persons Voting 19 1010 : APPLE VALLEY P-01 1718 81 1418 19 1020 : APPLE VALLEY P-02 1833 99 1411 19 1030 : APPLE VALLEY P-03 1635 74 1311 19 1040 : APPLE VALLEY P-04 1999 130 1634 19 1050 : APPLE VALLEY P-5A 1836 78 1590 19 1055 : APPLE VALLEY P-5B 2819 124 2334 19 1060 : APPLE VALLEY P-06 1349 97 1026 19 1070 : APPLE VALLEY P-07 2368 176 1881 19 1080 : APPLE VALLEY P-08 2289 86 1900 19 1090 : APPLE VALLEY P-09 2128 78 1833 19 1100 : APPLE VALLEY P-10 2038 69 1695 19 1110 : APPLE VALLEY P-11 2207 114 1813 19 1120 : APPLE VALLEY P-12 2595 170 2085 19 1130 : APPLE VALLEY P-13 2567 165 2093 19 1140 : APPLE VALLEY P-14 2500 261 1871 19 1150 : APPLE VALLEY P-15 1721 140 1275 City of Apple Valley Total: 33602 1942 27170
Detail of Election Results City of Apple Valley Tuesday, November 6, 2018, State General Election Office Title: Mayor (Apple Valley) Precinct NP Mary Hamann-Roland WI WRITE-IN** 19 1010 : APPLE VALLEY P-01 1112 50 19 1020 : APPLE VALLEY P-02 1069 41 19 1030 : APPLE VALLEY P-03 1008 30 19 1040 : APPLE VALLEY P-04 1301 41 19 1050 : APPLE VALLEY P-5A 1272 34 19 1055 : APPLE VALLEY P-5B 1797 69 19 1060 : APPLE VALLEY P-06 778 11 19 1070 : APPLE VALLEY P-07 1490 50 19 1080 : APPLE VALLEY P-08 1477 62 19 1090 : APPLE VALLEY P-09 1423 49 19 1100 : APPLE VALLEY P-10 1327 36 19 1110 : APPLE VALLEY P-11 1431 40 19 1120 : APPLE VALLEY P-12 1673 46 19 1130 : APPLE VALLEY P-13 1638 28 19 1140 : APPLE VALLEY P-14 1425 31 19 1150 : APPLE VALLEY P-15 1012 26 Total: 21233 644 Office Title: Council Member (Apple Valley) (Elect 2) Precinct NP John Bergman NP Clint Hooppaw WI WRITE-IN** 19 1010 : APPLE VALLEY P-01 945 893 14 19 1020 : APPLE VALLEY P-02 911 755 26 19 1030 : APPLE VALLEY P-03 877 780 15 19 1040 : APPLE VALLEY P-04 1137 991 33 19 1050 : APPLE VALLEY P-5A 1084 1017 18
19 1055 : APPLE VALLEY P-5B 1561 1388 44 19 1060 : APPLE VALLEY P-06 649 585 7 19 1070 : APPLE VALLEY P-07 1230 1110 34 19 1080 : APPLE VALLEY P-08 1217 1126 31 19 1090 : APPLE VALLEY P-09 1221 1141 20 19 1100 : APPLE VALLEY P-10 1102 1036 28 19 1110 : APPLE VALLEY P-11 1170 1039 28 19 1120 : APPLE VALLEY P-12 1367 1260 27 19 1130 : APPLE VALLEY P-13 1379 1186 24 19 1140 : APPLE VALLEY P-14 1172 1013 25 19 1150 : APPLE VALLEY P-15 835 694 19 Total: 17857 16014 393
We, the legally constituted City canvassing board, certify that we have herein specified the names of the persons receiving votes and the number of votes received by each office voted on, and have specified the number of votes for and against each question voted on, at the State General Election held on Tuesday, November 6, 2018. As appears by the returns of the election precincts voting in this election, duly returned to, filed, opened, and canvassed, and now remaining on file in the office of the City of Apple Valley Clerk. Witness our official signature at the City of Apple Valley in Dakota County this 15th day of November, 2018. ____________________________________________________________________________ Member of Canvassing Board, Mary Hamann-Roland ____________________________________________________________________________ Member of Canvassing Board, John Bergman ____________________________________________________________________________ Member of Canvassing Board, Tom Goodwin ____________________________________________________________________________ Member of Canvassing Board, Ruth Grendahl ____________________________________________________________________________ Member of Canvassing Board, Clint Hooppaw
State of Minnesota City of Apple Valley I, Pamela J. Gackstetter, City Clerk of the City of Apple Valley do hereby certify the within and foregoing __________________ pages to be a full and correct copy of the original abstract and return of the votes cast in the City of Apple Valley State General Election held on Tuesday, November 6, 2018. Witness my hand and official seal of office this ________ day of ________________, 2018. ______________________________________________ Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTALFEDERAL OFFICESU.S. SENATOR For registered write-in candidates only Steve Carlson0 Stephen A. Emery11 Tim Meier0 Misc. write-ins1 2 1 1 1 1 1 8___________________________________________________ TOTAL0 0 2 0 0 2 0 1 0 1 0 1 1 0 0 1 9U.S. SENATOR SPECIAL ELECTION For registered write-in candidates only Stephen A. Emery0 Mike Kuitu0 Tim Nelson0 Kevin Hartnett O'Connor0 Misc. write-ins 1 11 1 1 3 8___________________________________________________ TOTAL1 0 1 0 0 0 0 0 1 0 0 0 1 0 1 3 8STATE OFFICESGOVERNOR & LT. GOVERNOR For registered write-in candidates only Dennis Ferche & Tim Scheel0 Ralph Gilbertson & Tim Eason0 Jeremiah Liend & Keith Johnson0 Brian Long & Sarah Baalson0 David Maraccini & Jon Maraccini0 Ole Savior & Chris Edman0 Misc. write-ins 2 4 1 1 1 1 3 3 1 1 18___________________________________________________ TOTAL2 0 4 1 1 0 0 1 1 0 3 0 3 0 1 1 18Page 1 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTALSECRETARY OF STATE For registered write-in candidates only Raul Estrada11 Misc. write-ins 1 11 1 3 1 8___________________________________________________ TOTAL1 0 1 0 1 0 0 0 0 1 1 0 3 0 0 1 9ATTORNEY GENERAL For registered write-in candidates only Thomas Foley11 2 4 2 2 4 16 Bennett Sukalski0 Misc. write-ins 5 1 6 2 3 7 4 5 8 6 5 6 3 5 2 68___________________________________________________ TOTAL5 1 7 2 3 7 0 4 6 10 10 7 8 7 5 2 84CITY OFFICESMAYOR Aaron Eggen11 Adam Erickson11 Adam Robson11 Adam Switzer11 Alan Kohls11 Alfonso Gaines2 13 Alicia Wessel11 Alyssa Hurlock1 1 Andrew Erickson11 Angela Johnson1 1 2 Angie Chance11 Anna Wills11 Ansong Sieh1 1 Anthony Westot Jr.1 1 Any Other11Page 2 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Anybody But22 Anybody Else1 21 1 1 6 Anyone2 2 15 Anyone But Her11 Anyone But Mary11 Anyone Else 3 1 2 3 2 1 1 1 1 15 Art Coulson11 Ben Buglio11 Ben Lemery1 1 Benjamin Goff 11 Beth Coyel 11 Beth Johnson 11 Beth Wyatt11 Big Bird11 Bill Dahl11 Bill Gray11 Bill Laak1 1 Bill Loftesness11 Bill Tschol11 Blake Pederson1 1 Blake Sheldon11 Bob Ross1 1 Brad Heil11 Brandon Leonard11 Brandon Lotsberg1 1 Brent Knight11 Brent Schulz11 Bret Favre11 Brian Brovold11 Brian Crowson 11 Brian Gretz1 1 Brittany Hartley11 Bruce Bigler11 Bruce Clausen11 Bruce Harden11 Bry Lau11 Capt Crunch11Page 3 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Carolyn Serzier11 Casay Wollschlager11 Chad Fancher11 Chandler Peterson11 Charlie Praska1 1 Charlie Wesser1 1 Chelsea McCullum1 1 Chief of Police11 Chris Gerlach 11 Chris Hubley 11 Chris Rowe11 Chris Selchow11 Chris Wyatt11 Christine Francisco1 1 Christine Griffis11 Chuck McLucas11 Chuck Scanlon11 Cindi Fogt11 Clint Hooppaw1 2 1 1 1 1 18 Clint Lambeth11 Clowd Furricane1 1 Colin Syverson11 Cooper Jabes11 Corey Coutier11 Corine Johnson11 Craig Alger11 Craig Niedenthal11 Craig Spelbrink11 Curt Anderson11 Daffy Duck11 Dan Larson11 Dan Rentz2 2 Dan Thompson1 1 Darin Nelson11 Darwin Drilling11 Daryl Beckman33 Dassel11Page 4 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Dave Ladd1 1 Dave Lee33 Dave McCarthy11 Dave Rauly11 Dave Trankel1 1 David Block11 David Bozzone1 1 David Hendricks11 David Hudgens11 David Linner77 David Mussoni11 David Roland 11 David Slotten11 David Smith11 Deb Demmers1 1 Denny Hogan11 Derek Iverson11 Devale Watson1 1 Dick Tracy11 Don Cheney 11 Don Olson11 Donald Duck1 1 1 1 4 Donald Trump11 2 Donna Chlan11 Doreen Carey11 Doug Puehn11 Duane Burns11 Dumbo1 1 Dylan Harwell11 Ed Gawlik11 Eddie Marcus II11 Edward Vartanian11 Elliot Albright11 Elmo11 Eric Allen1 1 Eric Vandeberg11 Erik Anderson11Page 5 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Felix Case11 Frank Haney11 Gary L. Humphery 11 Gary Shade 33 Geddy Lee11 Gene Rechtizgel11 George R. Cook11 George Thomas11 Gerry Hurrow11 Gordon Longton11 Greg Freeman 11 Gregory Yung11 Greta Ask11 Hardmbe1 1 Harold Hanks 11 Hayley Wees11 Heidi Antholz11 Hollan Winston1 1 Homer Simpsom22 Hooppaw11 Hopper Crowder 11 Howard Stern1 1 Iam Peterson1 1 If She Loses11 Jack Flash11 Jack Rust11 Jackson Gilman11 Jamal Awow11 James Breegemann1 1 James Buckley11 Jamia Wilson11 Jane Berenz11 Jane Butler11 Jason Hagaman 11 Jason Lewis 11 Jay Dabu1 1 Jean L. Oleurd11Page 6 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Jeffrey Gintz 11 Jeffrey Lentz55 Jeremy Logelin11 Jerry Zimmerman11 Jesse Howard11 Jesus Christ 11 Jim Kump11 Jim Zinck11 Joe Arpaio11 Joe Blow11 Joe Neugent1 1 Joe Wilkins1 1 Joel Huspeni11 Joel Kintop11 John Beckman22 John Bergman1 2 14 John Doe11 John Hinderaker1 23 John Smith1 1 2 Jon Beckman11 Jon Graham 11 Joseph Burger11 Joseph Fischer2 2 Joseph McKenzie11 Joseph Samson11 Josephine George1 1 Josh Pemble1 1 Josh Poatnoy1 1 Joshua Barnes1 1 Judith Reinertson22 Judy Cochran22 Julio Arroyo11 Justin Carter11 Justin Lattu1 1 Kara Pahl11 Kari Lee11 Katherine J. Law11Page 7 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Kayla Harris11 Kayla Pawek11 Kelli Billson11 Kenneth Carpenter1 1 Kenneth Hiner1 1 Kenneth Rood11 Kevin Brandt11 Kevin Kraus11 Kevin Nartick1 1 Kevin Wartick1 1 Kirk Cousins11 Kolten L. Frederickson11 Kris Hoshal1 1 Kristi Myers11 Kristine Tilstra11 Kurt Moreno11 Larry Billson11 Lars Erickson11 Laurie Sauerbry11 Lee Arntz11 Legalize Cannabis 11 Lilly Broverschekel 11 Lillyana Richardson11 Lisa Eekhoff11 Lisa Huston11 Literally Anyone Else11 Lloyd Rivers1 1 Lois Fjelstad11 Lori Anger11 Lorraine Mitchell11 Lucas Graves11 Lucas Mattson11 Luke Prettyman11 Lynnette Yohn22 Macie Illsley11 Mara Hrypp1 1 Marcia Friedride 11Page 8 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Marcus Ward11 Marcy Baumann11 Maren Syverson-Barone11 Mark Jones11 Mark Miller11 Mark Schneider 11 Mark Shaw11 Mark Torkelson 11 Mary Bauer11 Mary Coleman22 Mary Flyn11 Mary Mitchell1 1 Mary Olsen1 1 Matt Galazen11 Matt Heile11 Matthew Kline1 1 Matthew Wees11 Me11 Melinda Flack1 1 Melissa Doeden1 1 Merle Loshe11 Michael Bell11 Michael Brown11 Michael Holster11 Michael Murphy11 Michael Wold1 1 Michelle Obama1 1 Mickey11 Mickey Mouse1 1 1 14 Mighty Mouse11 Mike Engelharl11 Mike Hatch11 Mike Hatting11 Mike Hope11 Mike Maurer1 1 Mike McCollum11 Mike McKeag11Page 9 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Mike Nelson11 Molly11 Monica Kopecky 11 My Sister11 Natalie Giese1 1 Natasha Kahot22 Nate Judson2 2 Nathan Lutz11 Nathan Macho11 Nathan McDermott11 Nathan Myers1 1 Nealon Thompson1 1 Neil Canteberry11 Nickolaus Wakhl1 1 Nicole Knight1 1 Nik Falco33 No Name 14 6 9 10 4 11 5 13 8 11 6 4 6 4 9 10 130 None11 Noni Miklya11 Not11 Not her22 Not Mary11 1 3 Pablo Rodiguez11 Pam Parsons11 Pam Tyke1 1 Papa Smurf11 Pat Casperson11 Pat Thompson11 Patricia Pinkerman11 Patsy Sikich11 Paul Carlson33 Paul Dolan4 4 Paul Goldschmidt1 1 Paul Kinney22 Paul Tonmerdahl11 Paula Ness11 Peewee Herman11Page 10 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Pete Whobe11 Peter DeVries11 Phil Runge1 1 Phillip Monguen1 1 Pierre Cown1 1 Pookie1 1 Randle Goetz11 Randy Bailey1 1 Ray Longo1 1 Ray Turner11 Republican11 Richard Hacker11 Richard Hickel11 Richy Chaney1 1 Rick Cassa11 Rick Fornshell1 1 Rick Kassa11 Rickey Clifton11 Rob Ketterling11 Rob Mobeck11 Robert Bauer 11 Robert Crawford11 Robert Erdman11 Robert Wild11 Robin Stana11 Rod Nibbe11 Rollie Bible11 Ron Hedberg1 1 Ron Swanson11 Ross Perot11 Rouaa Abasher11 Rudy Hershberger11 Ruth Grendahl 11 Ryan Abrahamson11 Ryan Liggett11 Sam Matmsi11 Sandra Pedersen1 1Page 11 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Santa Claus 11 Scott Keefer11 Shane Wallick1 1 Sharon Dahl11 Sherry Foss11 Sian M. Connell 11 Simon Mesersow11 Skyker Sully11 Someone Else1 1 Someone New11 Staark Kuigth11 Stephanie Ess213 Steve Crenshaw11 Steve McQueen11 Steve Naizowsn11 Steve Skinner2 2 Steve Trifunv1 1 Steve Wehren Berg22 Steven Hager1 1 Steven Lorenz11 Sue Hill11 Susan Kitsch11 Sydney Carlson11 Tara Mack11 Tarrel Fridly11 Ted Nugent1 1 Term Limit11 Terri Hands1 1 Theresa Poole11 Theresa Shepherd 11 Thomas Adamini11 Thomas Hannasch11 Tim Liffrig11 Tim Ryan11 Tim Stachowski1 1 Timothy Keegory22 Timothy Prehn11Page 12 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Todd Young11 Tom Adamini1 1 2 1 2 7 Tom Havorfond1 1 Tom Hayward11 Tom Manshid11 Tom Smith11 Tommy Chong11 Trace Ford22 Travase Tritt11 Tristan Mortiz11 Troy Roach11 Tryffltz Hoohaw11 Tyler Slinger11 Tyus Jones 1 1 1 2 3 11 10 Vernon Gevik11 Veronica Yeren11 Virgin Mary 11 Wade Tomlinson11 Wayne Waggoner 11 Wesley Dayus22 Whitney Thomas 11 William Holster11 Yajun Z. Johnson11 Zonker Harris11___________________________________________________ TOTAL 51 41 30 41 34 69 11 49 62 49 36 40 46 28 31 26 644COUNCIL MEMBER (2) Aaron Judge1 1 Abe Hutchkiss11 Adam Strum1 1 Alfonso Gaines2 24 Alyssa Hurlock1 1 Amy Serage11 Andrew Erickson11 Andrew Wiggins1 1Page 13 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Angelique Powers-Capetre1 1 Ann Strey1 1 Anna Wills11 Anne Mitchell11 Ansong Sieh1 1 Anthony Rambaum1 12 Anthony Tyke1 1 Anthony Westot Jr.1 1 Anyone Else22 Arnold Martin11 Art Caulson11 Ashley Rentz1 1 Benjamin Goff 11 Bill Dahl11 Bill Heim11 Bill Laak1 1 Bill Loftesness11 Bob Jones11 Brad Heil11 Bradley Morrison1 1 Brandon Lotsberg1 1 Brenton Schulze1 1 Brett Daly11 Brian Brovold11 Bruce Hoffman11 Bruce Knold11 Carla Goff11 Carly Zubell1 1 Chad Lichtsinn1 1 Chandler Peterson11 Charles Norkwas11 Charlotte11 Chester Conklin11 Chris Jones11 Chris Lee11 Chris Rowe11 Chris Selchow11Page 14 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Chris Stanton1 1 Chris Sullivan11 Christine Griffis11 Christopher Carpenter1 1 Christopher Dovkes1 1 Cindi Foyt11 Cindy Moser11 Clint Lambeth11 Colleen Askvig11 Craig Erickson11 Craig Osborne11 Curt Terry11 Daffy Duck1 1 Dale Grundstrom11 Damon Shoholm11 Dan Christopher11 Dan Larson11 Dan Mills11 Dan Olson11 Dan Oniel1 1 Darleen Coray11 Dassel11 Dave Linner11 Dave Monson11 Dave Walls11 David Buzzone1 1 David Grounds11 David Hudgens11 Devalle Watson1 1 Dim Balz11 Don Baran 11 Don Cochran22 Donald Duck11 Donald Trump11 2 Donna Rookh11 Dylan Harwell11 Ebenezer Doe11Page 15 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Elliott Albright11 Florian Chemplesochi 11 Garrett Schaar11 Gary Wachter22 Gene Rechtigel1 1 George Thomas11 Gregory St. James11 Gregory Yung11 Holly Jenkins1 1 Ian McCollum11 J.T. Kackman1 1 Jack Johnson1 1 Jack Rust11 Jack Waite11 JAD11 Jamail Wilson11 James Kump11 James Zinck11 Jane Doe11 Janet Wolf11 Jared Herndon1 1 Jason Himilwright11 Jason Lewis11 Jason Schober11 Jay Severson11 JD11 Jeff Dexter11 Jeff Williams11 Jennifer Steen11 Jeremy Logelin11 Jerry Peterson1 1 Jesse Anderson11 Jesse Lowinske11 Jim Bradrick11 Jim Hoffman11 Jim Ryan11 Jodi Byland11Page 16 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Joel Kintop11 John Kass11 Johnathan Blocks11 Johnathon Whiting11 Johnson Madanu1 1 Jon Norderhus11 Josh Helmone1 1 Joshua Scheerz11 Judy Cochran11 Julie Koetz11 Julio Arroyo11 Justice Whitehan11 Justin Borlison11 Justin Burleson11 Justin Lattu1 1 Kate Ward11 Kathryn Wagner1 1 Keith Hartley11 Keith Misukanis1 1 Kelly Erickson11 Kent Landerholm11 Kevin Freiberger11 Kim Mart2 2 Kim Namjoon11 Kirby Thomas11 Kurt Maxwell 11 Kurt Moreno11 Kyle Kalstabakken11 Laurence Billson22 Legalize Cannabis 22 Leslie Nope 11 Linda Garrett-Johnson1 1 Lindsay Michels11 Lola Mobeck11 Lori Kahler1 1 Lorraine Mitchell11 Lucas Demmers11Page 17 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Lynnette Yohn11 Marcus Ward11 Margaret Crawford11 Mari Paz11 Mariah Lynum11 Mark Bonin11 Mark Hird11 Mark R. Sandbo11 Mark Rentz1 1 Marti Miller11 Mary Anne Lantz11 Matt Galazen11 Megan Richardson11 Melinda Flack1 1 Melinda Thomas11 Melissa Rose1 1 Merlin Lee11 Micah Fowler1 1 Michael Bell11 Michael Holston22 Michael Scott1 1 Michelle Obama1 1 Mickey Mouse21 3 Mike Hatch11 Mike Maurer1 1 Mike McCollum11 Mike Nelson11 Morgan Schlinsog11 Mr. Pickles1 1 Natake Weer11 Nathan Flom22 Nathan Lutz11 Nathan Macho11 Neekin Thompson 11 Nicholas Flack1 1 Nicholas Schwortz11 Niels Schapochnicot33Page 18 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL No22 No Name7 5 4 6 2 13 4 9 9 2 4 7 9 9 11 7 108 Parker Mobeck11 Pat Martin11 Patricia Ann Benson1 1 Patrick Donlan1 1 2 Patrick MacKnawy11 Patrick Sullivan11 Patty Selchow11 Patty Stillings1 1 Peggy Bushee11 Peter DeVries11 Randy Johnson11 Raul Estrada11 Republican11 Rich Billion1 1 Richard Day11 Rick Fornshell1 1 Robert Bloomquist11 Robert Bob11 Robert Crawford33 Robert McGovern 11 Robert Parsons11 Rollie Bible11 Ronald Erickson11 Rose Lindquist11 Rouan Abasher11 Ruth Grendahl1 12 Sam Matasi11 Scott Carpenter11 Scott Young1 1 Sean Homstad11 Steve Johnson11 Steve Nelson11 Steve Swanson1 1 Steven Legvold11 Steven Lorenz11Page 19 of 20
CITY OF APPLE VALLEY 2018 GENERAL ELECTION - NOVEMBER 6, 2018SUMMARY OF WRITE-IN VOTES ALL PRECINCTS POSITIONP-1P-2P-3P-4P-5AP-5BP-6P-7P-8P-9P-10P-11P-12P-13P-14P-15TOTAL Steven Soderlind11 Susane Hartley 11 Sydney Carlson11 Tarell Friedley11 Ted York11 Teresa Farberg11 Terry Popeedoe11 Terry Quarles11 Tim Pawlenty11 Timothy Pretin11 Tinker Bell 11 Tom Adamini99 Tom Goodwin11 Tom Thlos1 1 Tracy Evenson11 Trevor VanNevel1 1 Troy Roach11 Tyler Schmit11 Tyler Slinger11 Victor Ustinenkov1 1 Victoria Ferrill11 Vinh Huynh11 Vondla Wilson11 Wade Tomlinson11 Wesley Dayus11 William Frische11___________________________________________________ TOTAL 14 26 16 33 17 44 7 34 31 20 28 28 27 24 25 19 393SCHOOL DISTRICT OFFICESISD 191 SCHOOL BOARD MEMBER (4) Cheryl Johnson11___________________________________________________ TOTAL0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1Page 20 of 20
I T E M: 5.B.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Regular A genda
Description:
A ppeal Zoning Administrator's Ruling that Residential Use is not P ermitted Use on P roperty
Zoned “B P ” (B usiness P ark) for P roperty L ocated at 5751 150th Street West (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: 12/19/2018
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:
T he Planning C ommission, acting as the Apple Valley Board of Appeals & Adjustments, 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 B oard of Appeals and Adjustment held a hearing on this request at their September 19, 2018, meeting. T he
B oard took testimony, closed the hearing and voted unanimously (5-0) to deny the appeal and affirm
determination by the Z oning 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, 2016,
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:
Please refer to the attachments for background information.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Exhibit
Application
Agreement
Applicant L etter
L etter
Code E xcerpts
Memo
Memo
Memo
Memo
Memo
Background Material
Background Material
Background Material
Applicant L etter
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.
43.
)
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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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.
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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.
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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.
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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: 5.C.
C O UNC I L ME E T I NG D AT E :November 15, 2018
S E C T I O N:Regular A genda
Description:
Menards at Hanson Concrete
S taff Contact:
Thomas L ovelace, City Planner
Department / Division:
Community Development Department
Applicant:
Menard, I nc.
P roject Number:
P C18-17-Z S B
Applicant Date: 6/19/2018 60 Days: 8/17/2018 120 Days: 10/16/2018
AC T I O N RE Q UE S T E D:
1. Approve a preliminary plan development agreement between the C ity of Apple Valley
and Menard, Inc.
2. Approve a design agreement between the C ity of Apple Valley and Menard, Inc., for the
Menards at Hanson C oncrete public improvements.
3. Adopt a resolution approving the re-designation of Lot 1, Block 1, of the proposed
Menards at Hanson C oncrete preliminary plat from “IN D” (Industrial) to “C ”
(C ommercial) on the 2030 C omprehensive Plan Land Use Map.
4. Pass an ordinance rezoning Lots 1 and 2, Block 1, and Outlots A and B, Menards at
Hanson Concrete, preliminary plat from “I-2” (General Industrial) to “PD” (Planned
Development).
5. Pass a planned development ordinance that codifies the uses, performance standards,
and area requirements for the planned development. (recommend waiving second
reading)
6. Adopt a resolution approving the Menards at Hanson C oncrete preliminary plat.
7. Adopt a resolution approving site plan/building permit authorization 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.
S UM M ARY:
For your consideration are several items related to the proposed redevelopment of the former
Hanson Pipe Manufacturing property, a 46.4-acre unplatted parcel located at the northwest
corner of 150th Street West and J ohnny C ake Ridge Road.
Menard, Inc. is requesting an amendment to the 2030 C omprehensive Plan Land Use Map,
rezoning of property, subdivision and site plan building permit authorization to allow for
construction of a 206,209-sq.ft. Menards store and 48,970-sq. ft. warehouse on 18.4 acres of
a 46.4-acre unplatted parcel. T he property is located at the northwest corner of 150th Street
West and J ohnny C ake Ridge Road.
T he property is currently guided and zoned for industrial uses. T he applicant is requesting
that the southwest 18.4 acres be re-designated for commercial/retail
uses. Approximately 21.7 acres of the site will retain its existing "IN D" (Industrial)
designation and will be developed for a variety of uses generally consistent with the C ity's
limited industrial zoning classification, as well as storm water ponding and regional trail uses.
T he applicant is requesting that the property be rezoned from “I-2” (General Industrial) to
"PD" (Planned Development) to allow for the Menards store and future industrial uses
identified in the draft planned development ordinance.
T he proposed preliminary plat will subdivide the unplatted parcel into two (2) lots and two
(2) outlots. Lot 1 will be the location of a new Menards home improvement store, building
materials storage warehouse and storm water pond. T he applicant has not identified any land
use plans for the second lot, which will be 3.8 acres in area. Staff has encouraged, and the
owner would be supportive of, a "best use" outcome on the second lot such as a micro-
brewery craft beer or cider facility.
Outlots A and the northwest corner of Outlot B will be used for storm water ponding. T he
remaining portion of the 12.64-acre Outlot B not used for ponding purposes will be reserved
for future subdivision and development. T he remaining property will be dedicated as road
right-of-way for C SA H 42, J ohnny C ake Ridge Road, 147th Street West and Street A.
T his request was reviewed by the Planning C ommission at their August 15, 2018, meeting.
T he C ommission voted unanimously (4-0) to recommend approval of the 2030
Comprehensive Plan Land Use Map amendment, rezoning, preliminary plat, and site
plan/building permit authorization; subject to the conditions that are included in the draft
resolutions.
Also, included with their requests are the approval of a preliminary planned development
agreement and public infrastructure design agreement. T he preliminary planned development
agreement provides assurances that the property will be developed in compliance with
applicable city ordinances, plans and conditions outlined in the documents. It also outlines
the required approvals, uses, as well as restrictions on the future use of their existing site at
14960 Florence Trail and future uses at the proposed site.
T he final item for consideration is the approval of a public infrastructure design
agreement for design services of public infrastructure relating to the proposed Menards at
Hanson C oncrete site. Menards, Inc. has requested the C ity design the infrastructure needed
to serve the site. T he scope of design included in the agreement covers the following public
infrastructure improvements associated with the development:
Menards street and utility improvements - Design of public streets and walks, storm
sewer, sanitary sewer, water main and water services.
150th Street West (C SA H 42) and J ohnny C ake Ridge Road intersection improvements
that include the design of:
Intersection improvements including a multi-lane roundabout at 149th Street
West and J ohnny C ake Ridge Road.
Intersection improvements including a traffic signal, additional north and
southbound turn lanes and extended eastbound left turn lane at 150th Street West
(C SA H 42) and J ohnny C ake Ridge Road.
Maintain an existing three-legged intersection and stop sign control at 148th Street
West and J ohnny C ake Ridge Road.
147th Street and J ohnny C ake Ridge Road intersection improvements - Intersection
improvements that include a traffic signal and added north and south left turn lanes at
147th Street West and J ohnny Cake Ridge Road.
147th Street West eastbound designated right turn lane at Menard’s access.
150th Street West (C SA H 42) right-in/right-out access to the site with an added
westbound right turn lane.
B AC K G RO UND:
P roject History: In 2015, Menard, Inc. submitted an application for approval of a proposed
development for this site that included amendments to the 2030 Comprehensive Plan Land
Use Map and text and a rezoning of the property to allow for construction of a home
improvement store in the south 14 acres of the property. T he initial plans showed a 236,000-
sq. ft. store with future medical office development on 14 acres, and industrial development,
storm water ponding and open space, and road right-of-way on the remaining property.
A public hearing on the original development proposal was held by the Planning C ommission
on November 4, 2015. Two members of the public spoke and they expressed concern
regarding the increase in traffic, head of household jobs, loss of industrial land, need for job
creation and what would happen to the existing building after they moved.
Over the next eleven months the applicant worked on tweaking the project to address the
concerns expressed at the public hearing. On October 19, 2016, the Planning C ommission
voted 3-2 to recommend denial of the proposed amendment.
T he C ity Council reviewed the proposed C omprehensive Plan amendments and rezoning
request at their February 9, 2017, meeting. At that meeting, the Council adopted a
resolution authorizing submittal of the amendments, that included the re-designation of the
south 19 acres to "C " (Commercial), to the Metropolitan Council for their consideration,
with the expectation that staff would continue to work with the applicant on the concerns
expressed during the review by the Planning Commission.
In a letter, dated March 9, 2017, the Metropolitan C ouncil approved the proposed
amendments. No action was taken by the Council to formally approve the Comprehensive
Plan amendments because more time was needed to address issues related to the project such
as overall design, traffic, access, storm water ponding, and alignment of the North C reek
Greenway trail.
On J une 19, 2018, the applicant submitted a new application requesting approval an
amendment to the 2030 C omprehensive Plan Land Use Map, rezoning of property,
subdivision and site plan building permit authorization. T he following information is a
review of the current plans, which shows a 206,209-sq. ft. Menards store and 48,970-sq. ft.
lumber warehouse on 18.4 acres in the southwest corner of the 46.4-acre site, with a 3.8-acre
lot in the southeast corner and two (2) outlots that will be used for future development.
2018 Dev elopment P roposal
Comprehensiv e P lan: T he subject property is currently guided "IN D” (Industrial) on the
2030 C omprehensive Plan Land Use Map as well as the draft 2040 Land Use Map. T he
category description, which is similar in both plans, allows offices, assembly, warehouse,
manufacturing and other similar activities within an enclosed building to limit the amount of
dust, noise, odor and other adverse impacts.
T he current zoning district categories that regulate industrial uses include “I-1” (Limited
Industrial), “I-2” (General Industrial) and “BP” (Business Park). A limited percentage of
floor space (10% of gross floor area) is permitted for retail activities accessory to the
industrial uses.
T he applicant is requesting that the southwest 18.4 acres of the site be re-designated from its
current "IN D" classification to "C" (C ommercial). T he commercial designation includes a
wide variety of retail, office, and service uses that vary in intensity and off-site impacts. T he
City uses the zoning ordinance to regulate the intensity and characteristics of development
based upon land use criteria and performance standards. Examples of limitations to
development include required parking, building setbacks, infiltration, site access and lot
coverage.
T he proposed commercially designated property would be developed for a 206,209-sq. ft.
Menard’s store and 48,970-sq. ft. warehouse According to the C omprehensive Plan, retail
uses typically encompass the traditional community shopping businesses and occupy much of
the downtown area. It is intended to accommodate a wide range of commercial goods and
services. Off-site impacts include activity, light, noise and generally higher traffic generation
rates than other commercial uses. Retail land uses will be zoned “RB” Retail Business),
“SC” (Shopping C enter), and “P D” (Planned Development), which allows uses according to
the specific performance standards:
High quality site and architectural design and building materials are expected to be used
within this land use category to promote pleasing off-site views of the development;
Development in the downtown area shall adhere to the Downtown Design Guidelines;
Landscaping shall be installed to provide aesthetic treatment of buildings and to soften
parking lot areas;
Significant traffic generation during the weekday and weekends is associated with retail
development. Traffic studies may be requested in conjunction with the review of large
developments that have the potential to threaten the integrity of the existing and planned
roadway system. A dditionally, developments that lower the level of service on adjacent
roadways or intersections may be required to install traffic improvements to improve
the level of service to its pre-development condition if C ity approval is granted;
Driveway access points to the development shall be from non-local streets or those
designed for primarily non-residential traffic; and
Lighting is limited to parking lot and building illumination designed for employee safety.
Zoning: T he property is currently zoned “I-2” (General Industrial). General Industrial zoning
districts are designed to serve the smaller “quasi-industrial” uses, such as machine shops,
sign shops, mill-working establishments, and the like.
When staff reviewed the submittal information for the J uly 18, public hearing, it appeared
that the applicant was proposing to rezone the property "G B" (General Business) and "I-1"
(Limited Industrial). T he applicant has clarified their request and would like to rezone the
property “PD” (Planned Development).
City code defines a Planned Development as an urban development often having two or more
principal uses and having specialized performance standards relating to an overall approved
development plan to provide for an optimal land use relationship. A Planned Development
provides the following:
Allows for a variety in the types of environment available to the people of the city;
Encourages more efficient allocation and maintenance of privately controlled open
space in residential developments through the distribution of overall density of
population and intensity of the land use where an arrangement is desired and feasible;
Provides the means for greater creativity and flexibility in environmental design than is
provided under the strict application of the zoning and subdivision chapters while at the
same time preserving the health, safety, order, convenience, prosperity and general
welfare of the city and its inhabitants;
Encourages an overall design within the natural boundaries for an area; and
Provides an overall guide for developments that are staged because of the size of an
area.
Rezoning to a Planned Development would allow the C ity to work with the land
owner/developer on identifying the type of uses, site coverage, area requirements and
performance standards, and development phasing specific to the project area. T he likely uses
within this planned development would include the proposed building supply store and a
variety of office/warehouse uses or other industrial uses north and east of the retail and
building supply warehouse and similar to uses already developed in the area nearby.
P reliminary P lat: T he preliminary plat shows two (2) lots and two (2) outlots, and the
dedication of road right-of-way for the existing C S A H 42 (150th Street West), J ohnny Cake
Ridge Road, and 147th Street West; and Street A, a public street that will provide direct
access to the lots and outlots within the plat. Lot 1 will be the location of the proposed
Menard's store, warehouse and outdoor storage area. Lot 2 is slated for future development
as is Outlot B, which could be further subdivided in the future.
T he northwest corner of Outlot B as well as north 3.04 acres of Lot 1 will be used for storm
water ponding. Drainage and utility easements will cover that portion of Outlot B that will be
used for storm water ponding as well as the ponding area area in Lot 1.
Outlot A will also be used for storm water ponding purposes and a drainage or utility
easement over that outlot is shown on the plat. T his outlot may be incorporated with the
property located south and west of 147th Street West and J ohnny C ake Ridge Road, which is
currently owned by others. If that happens, it is likely that the use of that outlot for ponding
purposes will change.
A section of Dakota C ounty's North C reek Greenway trail, a 14-mile regional trail that
travels through Empire Township, Farmington, Lakeville, Apple Valley, and Eagan, will likely
traverse along the west of this development. T he C ounty is currently working with Menard,
Inc. and the adjacent property owner to the west of this project on the acquisition of the west
30 feet of Lot 1 for the trail, which will likely be combined with property owned by Williams
Pipeline to the west to create a trail corridor 50 to 60 feet wide.
T he east 95.5 feet of the parcel will be dedicated for public right-of-way for J ohnny Cake
Ridge Road. T he C ity Engineer has determined that this will be enough right-of-way for the
necessary road improvements needed to accommodate the development on the site.
T here is also an existing 26-foot wide transmission line easement that runs along the east
side of the site. Development of this site and the J ohnny Cake Ridge Road street
improvements to serve the site will require the relocation of the overhead transmission line
and changes to their easement. T he preliminary plat identifies a new 30-foot wide
transmission line easement that will be abut the west line of the J ohnny Ridge Road right-of-
way. T he applicant has indicated on the preliminary plat that the existing easement will be
released, which will likely be done before the recording of the final plat.
T he C ity Engineer provided comments in a August 9, 2018, memo. T he applicant has
provided responses to the comments in an attached memo and have made revisions to their to
the preliminary plat and plans per the City Engineer's comments and recommendations.
Site P lan: T he site plan shows a 171,606-sq. ft. Menard's store with a 34,603-sq. ft.
unheated garden center, 48,970-sq. ft. warehouse and 455 surface parking spaces on Lot 1.
Access to the site will be a shared drive lane with Lot 2 off of Street A that will have a 44-
foot roadway similar to a public street. A second access from Street A will provide access to
the outdoor area and warehouse as well as the store, and a right in/right out only access from
C SA H 42. T he east/west leg of Street A will intersect with 149th Street West; and a
roundabout will be constructed at that intersection.
T here are currently two driveways along C SA H 42 and one along J ohnny C ake Ridge Road.
T hose driveways will be removed as part of any development on the site and access
restriction easements will need to be established along J ohnny C ake Ridge Road, 147th
Street West, as well as C SA H 42. A single right in/right out intersection will be permitted on
C SA H 42.
T he C ounty generally allows accesses to their roads only when they intersect with a public or
private street that serves development within all of the plat, which is not the case with the
right in/right out driveway along C SA H 42. T hey would like to be assured that there will
be sufficient vehicle stacking in the parking lot for vehicles leaving the site to enter C SA H
42 without causing problems to traffic on that street. T herefore, they requested that there be
a 300-foot setback from the C SA H 42 access to the first parking lot driveway, which the
applicant has provided.
As stated previously, the site shows 455 surface parking spaces. T he minimum required
parking for this use can vary significantly, depending on how you define the proposed uses.
If you define the store as a retail use, the minimum required parking for the store, warehouse
center, and garden center would be approximately 884 spaces plus additional employee
parking. If the store was classified as a building sales store, the minimum required parking
would be approximately 334 spaces plus additional employee parking. T he current 160,080-
sq. ft. store, located at 14960 Florence Trail, has 458 parking spaces.
Building Elev ations: T he submitted plans indicate that the front elevation will be precast
concrete panels with a mountain red brick finish and tan block columns, wainscoting, and
horizontal trim. T he initial elevation plan show that the west elevation would have the same
finish as the front elevation with tan brick columns on the southern third of the elevation.
Staff recommended and the Planning Commission concurred that the column treatment
should be incorporated on all of the west elevation. It was also recommended that
the receiving dock area elevation have the same finish as the south and west elevation of the
building. T he applicant has amended their elevations to reflect staff and the Commission's
recommendations.
T he east elevation will have a finish consisting of a clear polycarbonate panel and emerald
green metal panels. T he north elevation will have an exterior finish that will consist of a
combination of green metal panels and tan split-face block. T hese elevations will be screened
by a 15-foot tall wall that will be constructed primarily of 2-ft. x 8-ft. treated wood vertical
boards with four-foot wide tan brick columns spaced every 92 feet.
T he north elevation of the warehouse will have an exterior finish that consists of a
combination of horizontal treated wood fence material, red brick and tan block. T his
elevation will tie into a 15-foot tall wood fence that will screen the outdoor yard area from
the public.
Landscape P lan: T he landscape has been reviewed by staff and their comments are
included in the attached August 9, 2018 memo from the C ity Engineer. T he applicant has
made the appropriate revisions to their plan in accordance with staff's recommendations.
T he plan identifies several cart corrals in the parking lot. T hese cart corrals shall have raised
concrete curbs to delineate the chutes and shall incorporate landscaping elements into their
design.
A propane fueling station will be located in the northwest corner of the parking lot.
Protective measures in accordance with applicable codes shall be installed around the fueling
station area.
Utility P lans: T he utility plans have been reviewed by the C ity's engineering staff and their
comments are included in the C ity Engineer's attached memos. T he applicant has addressed
the staff's comments by revising their utility plans to bring them into conformance with city
standards.
Street Classifications/Accesses/Circulation: Access to the site will be via C SA H 42, a
principal arterial road, J ohnny C ake Ridge Road, a major collector street and 147th Street
West, a minor collector street. Other than a right in/right out only access drive connection off
C SA H 42, no other private access will be allowed from the existing streets.
Public streets will be constructed within the site that will provide direct access to the
property within the development. T he first phase will include a roundabout intersection at
149th Street West and a full intersection at 147th Street West. A future roundabout
intersection will be constructed at 148th Street West and the west leg of that street will likely
intersect with Street A.
Bolton & Menk, the C ity's traffic consultant reviewed previous plans and identified the
following improvements to J ohnny Cake Ridge Road that will be needed:
A raised median from 147th Street West to C SA H 42;
Roundabout at 149th Street West;
Intersection improvements at 148th Street West that could be a roundabout;
A right in/right out only access at the driveway entrances to the Holiday convenience
store and Lifetime Fitness building;
Additional turn lanes on J ohnny C ake Ridge Road at C SA H 42 and 147th Streets West
intersections; and
T he dedication of additional road right-of-way to accommodate the suggested
improvements, which will require the relocation of the Great River Energy electrical
transmission line outside of the right-of-way; and improvements to C S A H 42 would
also occur with development on the subject property.
T hese improvements along with the proposed right in/right out only intersection along C SA H
42 will require the dedication of additional right-of-way for both streets.
P edestrian Access: T he applicant has submitted a bike and pedestrian circulation plan,
which identifies the location a portion of the North C reek Greenway and sidewalks/pathways
along the both sides of Street A and the west side of J ohnny C ake Ridge Road. Sidewalk
connections internal to the development sites to the public pedestrian system should be
incorporated into each phase of development.
Signs: T he submitted building elevations identifies signage on the south elevation and an
elevation of a proposed monument sign is included with their submission. All signage will be
required to meet the C ity's sign regulations and will be reviewed in detail by staff at the time
of submittal of a sign application.
Dakota County Rev iew: Because the proposed subdivision/development is located
adjacent to a county road, it is subject to review by the Dakota County Plat C ommission.
T he plans were reviewed by the Plat C ommission at its J uly 9, 2018, meeting and their
comments are included in an attached letter.
P ublic Hearing Comments: T he public hearing was held on J uly 18, 2018. N o comments
were received and the hearing was closed.
B UD G E T I M PAC T:
Public road and utility improvements within as well as adjacent to the development site will
be necessary. A Preliminary Planned Development Agreement identifies approximately
$7.2 million in public costs being addressed by Menards, Inc. T hese improvements include:
Road and utility improvements within the development area estimated to be
$2,125,000.00.
Installation of a right turn lane estimated to cost $125,000.00.
Street improvements, including a traffic signal at 147th Street West and J ohnny Cake
Ridge Road estimated at $1,462,500.00.
Installation of a right turn lane at 147th Street West and Street A estimated to cost
$75,000.00.
J ohnny C ake Ridge Road street and utility improvements, including the replacement of
an existing traffic signal estimated to be $3,375,000.00.
In 2017, the C ity received a $250,000 Redevelopment Incentive Grant (RIG) from the
Dakota County C ommunity D evelopment Agency (C D A), which will be used for 147th
Street West and J ohnny C ake Ridge Road intersection improvements associated with this
design agreement. T he grant agreement requires that the funds be spent within 18 months
from the date of the agreement. T he current design and construction timeline will not afford
the C ity the ability to spend the funds within the 18-month timeline. T he C D A does allow
grant recipients one 12-month extension. In order to assure the RIG funding availability in
2019, C ity staff submitted a request and secured an extension to the end of 2019.
Finally, the applicant has requested that the C ity prepare plans for the public infrastructure
improvements necessary to serve the development. T he cost for this work will be
$643,085.00. All costs associated with design work will be funded by Menards, Inc. per the
attached design agreement.
AT TAC HM E NT S :
Background Material
Memo
Background Material
L etter
Agreement
Agreement
Resolution
Map
Ordinance
Map
Ordinance
Resolution
Preliminary P lat
Resolution
L ocation Map
Comp Plan Map
Z oning Map
Plan S et
Plan S et
Elevations
Elevations
L andscaping Plan
L andscaping Plan
Plan S et
Site P lan
Presentation
CITY OF
MEMO
Public Works
TO: Tom Lovelace, Planner
FROM: Brandon S. Anderson, City Engineer
DATE: October 16, 2018
SUBJECT: Menard’s Plan Review
County Road 42 and Johnny Cake Ridge Road (Hanson Site)
Tom,
The following are comments regarding the Menard’s Site Plan Review for plans dated August 27,
2018. Please include these items as conditions to approval:
General
• All work and infrastructure within public easements or right of way shall be to City
standards.
• A Public Improvement project will be required for the improvements on:
a. Johnny Cake Ridge Road (Signal improvements at CR 42 and Roundabout at
149th)
b. Street A (internal roadways to serve the site
c. Storm Water facilities
d. 147th and Johnny Cake Ridge Road signal improvements and turn lanes
e. Designated turn lanes on 147th and CR 42.
• Additional review by Dakota County Transportation may be required.
• Relocation of the existing power lines along JCRR will be required by applicant.
• Relocation of existing gas lines and small utilities in ROW along CR 42 and JCRR will
be required by applicant.
Site
• See attached Memo from Bolton & Menk dated 09-27-18 regarding additional preliminary
traffic impact review.
Grading, Drainage and Erosion Control
• Final Grading Plans shall be reviewed and approved by City Engineer.
• Final Storm water Management Plan shall be reviewed and approved by City Engineer.
• Provide the overall site composite Curve Number (CN) along with the impervious % on the
area tabulation for Lot 1.
• The existing pond onsite is an incidental wetland which is not regulated by WCA. An
incidental wetland is an area that takes on wetland characteristics (wetland plants, soils,
and hydrology) but that was not created to be a wetland.
• Future development drainage to storm water basins will be required to provide additional
volume, TSS and TP reduction onsite or expand proposed ponds. One multiple cell
regional pond is preferred to be constructed. The proposed basin in Outlot C can be
expanded to the south to meet requirements.
• Additional Storm water outlet structure modifications may be necessary to meet
downstream flow restriction.
• Provide an accessible route (8’ min. bench) for future maintenance access to outlet
structures . Route should be covered b y drainage and utility easement and be clearly
denoted on plans.
• Restoration/Landscape plan should indicate required16.5’ buffer area above the HWL.
Sanitary Sewer, Water Main and Storm Sewer
• Final locations and sizes of Sanitary & Storm Sewer and Water main shall be reviewed
with the final construction plans and approved by City Engineer. Sanitary Sewer, Water
main and Storm sewer utilities within ROW and drainage and utility easements shall be
publicly owned and maintained.
• Sanitary Sewer from S MH 4 to S MH 3 should be relocated out of drainage and utility
easement or considered to be public improvement to serve both Lot 1 and Lot 2.
• Provide storm sewer calculations (Rational method) for proposed improvements.
Landcape and Natural Resources
1. No evergreen trees are included in the proposed landscape schedule. The site may benefit
from additional evergreen tree and shrub varieties in the plantings for year round
screening and diversity.
2. Ensure all trees are planted a minimum of 10-15’ from buildings to allow for full growth
with minimal pruning and conflict. Ornamental species near sidewalks and drive aisles
will likely become a nuisance as they mature.
3. Restoration/Landscape plan should indicate required buffers and appropriate seed mixtures
for aquatic bench and upland areas associated with any storm water basins.
4. No major tree plantings shall be located over any underground utilities. Clusters of trees
shall be used near or around these areas instead of planting in a row. The Drainage and
Utility Easement will require clearance around the underground utilities, or the
expectation that trees may have to be removed for access when needed.
5. A protective buffer zone in accordance with ordinance 152.57 is required (16.5 feet for
any storm water pond) and shall be indicated on the plans above the HWL.
6. Because native vegetation can be so hard to establish, provide a 3 year establishment
plan. The plan should have information about when seed will be installed, tasks taken to
prevent weed establishment, and information on the timing to the connection to the storm
water system.
H:\APVA\_General\2018\Menards Traffic Impact Study III\2018-09-04_Traffic Memo\2018-09-27_Menards Operations Review III_update.docx
MEMORANDUM
Date: September 27, 2018
To: City of Apple Valley, MN
From: Bryan T. Nemeth, P.E., PTOE
Michael Boex, P.E.
Subject: Proposed Menards Traffic Operations Review
I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of the State of Minnesota.
43354 9/27/18
Bryan T. Nemeth, P.E., PTOE Reg. No. Date
Introduction
The traffic operations of the Menards Development in Apple Valley, MN was reviewed to determine if
and how the development and site layout revisions impacts the traveling public with initial build and full
build conditions. The initial build condition assumes the Menards main building and warehouse have
been developed, whereas the full build conditions assume the Menards building and the surrounding
developments are fully developed. The future full build assumes additional traffic growth due to
development in the community, including south of CSAH 42.
Build Concept Layout
The concept layout for Johnny Cake Ridge Road and the proposed Menards Development is attached. The
layout includes the following elements as previously identified for the area.
Initial Build
The initial build includes the elements required as associated with the Menards Development.
• 147th St and Menards access (Street A) with added eastbound left turn lane
• New signal at the intersection of Johnny Cake Ridge Road and 147th Street with added north and
south left turn lanes
• Maintain existing 3-leg intersection and stop sign control at 148th St
• Multi-lane roundabout at 149th St
• New signal at the intersection of Johnny Cake Ridge Road and CSAH 42 (150th St) with added
lanes on the north and south legs, extended eastbound left turn lane
Name: Menards Development Re-Evaluation Update
Date: September 27, 2018
Page: 2
• Menards right-in/right-out access to CSAH 42 (150th St) with added westbound right turn lane
Full Build
The full build includes additional elements that would be anticipated with the development to the east of
Menards (west of JCRR) and south of CSAH 42. This also includes the proposed trail and grade separated
crossing of CSAH 42. These elements will need to be verified once specific development type is
determined.
• Multi-lane roundabout at 148th St
• CSAH 42 grade separated crossing, trail and future partial ¾ access on CSAH 42 at the Menards
right-in/right-out access to CSAH 42 (150th St)
o This partial ¾ access is anticipated to be necessary in the future with development to the
south.
Warrant Analysis
Signal warrants at the intersection of Johnny Cake Ridge Rd and 147th St are analyzed based on the
Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD) standards. The proposed Menards
trips are added to the existing turning movement counts. Based on the results, it is determined that the
intersection meets justification for a signal due to signal warrants 1A and 2 being met for this intersection.
The warrants analysis is attached. With the addition of a signal at the intersection, northbound and
southbound left turn lanes should also be implemented.
Initial Build
The initial build includes the Menards and associated warehouse development in addition to the other
properties that have been recently approved or constructed and occupied in the area. The following
intersections and traffic control were analyzed to determine if any modifications are necessary to provide
acceptable operations or safety.
Intersection Traffic Control
Johnny Cake Ridge Rd at 147th St Traffic Signal with left turn lanes
Johnny Cake Ridge Rd at 148th St Side-Street Stop
Johnny Cake Ridge Rd at 149th St Roundabout
Johnny Cake Ridge Rd at CSAH 42 (150th St) Signal Control with additional lanes
CSAH 42 (150th St) at Menards Access Right-in/right-out configuration with side street stop
147th St at Menards Access Full access with side street stop
The initial build peak hour operations with the intersection improvements as identified above are
acceptable. There are no safety or backup concerns. The backups between the roundabout and Street A
are projected to be less than 100 feet while the backups are projected to be less than 400 feet between
CSAH 42 and 149th Street. The results are consistent with previous studies completed.
Name: Menards Development Re-Evaluation Update
Date: September 27, 2018
Page: 3
Full Build
The full build includes the Menards, associated warehouse, and the surrounding development within the
outlots east of Menards and west of Johnny Cake Ridge Road beyond the initial build. The overall trips
generated with Menards’ revised development plan are anticipated to be less than the previous plan
reviewed. The following intersections and traffic control were analyzed to determine if any modifications
are necessary to provide acceptable operations or safety.
Intersection Traffic Control
Johnny Cake Ridge Rd at 147th St Same as initial build
Johnny Cake Ridge Rd at 148th St Roundabout
Johnny Cake Ridge Rd at 149th St Same as initial build
Johnny Cake Ridge Rd at CSAH 42 (150th St) Same as initial build
CSAH 42 (150th St) at Menards Access Same as initial build
147th St at Menards Access Same as initial build
The full build peak hour operations with the intersection improvements as identified above are acceptable
except the intersection of CSAH 42 at Johnny Cake Ridge Road, which is anticipated to experience to just
be within the delay limits to result in unacceptable operations during the PM peak hour. Queues do start
to approach the roundabout but do not back up into the roundabout based on the analysis.
Future Full Build
The future full build includes the Menards, associated warehouse, and the surrounding development
within the outlots east of Menards and west of Johnny Cake Ridge Road. Additionally, this includes full
development of the properties south of CSAH 42 based on the AUAR and concept plans received for the
area. The following intersections and traffic control were analyzed to determine if any modifications are
necessary to provide acceptable operations or safety.
Intersection Traffic Control
Johnny Cake Ridge Rd at 147th St Same as initial build
Johnny Cake Ridge Rd at 148th St Roundabout
Johnny Cake Ridge Rd at 149th St Same as initial build
Johnny Cake Ridge Rd at CSAH 42 (150th St) Same as initial build
CSAH 42 (150th St) at Menards Access Partial ¾ access configuration with side street stop
147th St at Menards Access Same as initial build
The future full build peak hour operations with the intersection improvements as identified above are
acceptable except the intersection of CSAH 42 at Johnny Cake Ridge Road, which is anticipated to
experience an overall LOS F during the PM peak hour with the lanes as proposed. There is anticipated to
Name: Menards Development Re-Evaluation Update
Date: September 27, 2018
Page: 4
be some queuing concerns under this scenario since the full development of the area includes all of the
future expansion south of CSAH 42. The proposed partial ¾ access to the west and the future expansion
of CSAH 42 would be anticipated to alleviate the operational concerns. The intersection of CSAH 42 at
Johnny Cake Ridge Rd is anticipated to perform with an acceptable LOS with additional through lanes as
well as dual left turn lanes on both westbound and eastbound approaches.
Conclusions and Recommendations
The primary review conclusions and recommendations are provided below.
Menards Right-in/Right-out Access on CSAH 42
• Adequate spacing is provided from the intersection of Johnny Cake Ridge Rd/CSAH 42 (150th St)
based on Dakota County Access Management Guidelines
• Acceptable operations.
• Access appears to be located appropriately in coordination with the future trail, grade separated
crossing, ¾ access, and future expansion of CSAH 42.
• The access should be widened approximately six (6) feet to the east to accommodate future
access needs and truck turning movements.
Menards 147th Street Access (Street A)
• Adequately located and spaced based on city guidance.
• Could be moved west as previously discussed with the City.
• Acceptable operations.
Johnny Cake Ridge Road at 147th St (traffic signal)
• Initial build and full build conditions with acceptable operations.
Johnny Cake Ridge Road at 148th St
• Initial build (side street stop) and full build (roundabout) conditions with acceptable operations.
Johnny Cake Ridge Road at 149th St (roundabout)
• Initial build and full build conditions with acceptable operations.
• Backups on site are minimal (less than 100 feet).
Johnny Cake Ridge Road at CSAH 42 (150th St) (traffic signal)
• Initial build with acceptable operations
• Full build with unacceptable operations. (Acceptable operations with additional through lanes and
dual left turn lanes westbound and eastbound)
• The power pole in the northwest corner of the intersection should be moved to a location that is
applicable for both the Johnny Cake Ridge Road expansion and the CSAH 42 future expansion.
Internal Roadways
• Acceptable. No change from previous plans.
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ '
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ 'AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT PERIMETER 50FT REM 95 SQ FT
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FT
REM 35 SFAREA 15 SFPERIMETER 30 FT
REM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ '
PERIMETER = 30 'AREA = 15 SQ'
REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT
REM 35 SF
AREA 15 SFPERIMETER 30 FT
REM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SF
AREA 15 SF
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT REM 35 SFAREA 15 SF AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'bmi.tblH:\APVA\_General\2017\JCRR_Design\CAD\MS\figures\Menards Access_04.dgn6:38:13 PMpdf-color.pltcfgjustinsc9/25/2018ROADWAY
CURB/MEDIAN
LEGEND
MENARDS SITE PLAN
200
LANDSCAPE
SCALE IN FEET
BIT. TRAIL
TRAFFIC SIGNAL
CONCRETE WALK
TRAFFIC SIGNAL
(150TH STREET W)CSAH 42149TH STREET W148TH STREET W147TH STREET WJOHNNY CAKE RIDGE ROAD
ROUNDABOUT CONSTRUCTED
TRANSITION TO EXISTING ROAD BEFORE
1
2
3
4
5
T1
T2 T3
13141516171819202131323+004+00 5+00 6+00 7+00 8+00 9+00
10+
00
11+00 12+00
982984984985AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ '
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ 'AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT PERIMETER 50FT REM 95 SQ FT
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FT
REM 35 SFAREA 15 SFPERIMETER 30 FT
REM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ '
PERIMETER = 30 'AREA = 15 SQ'
REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT
REM 35 SF
AREA 15 SFPERIMETER 30 FT
REM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ '
AREA 26 SQ FTPERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ 'AREA 26 SQ FTPERIMETER 50FT REM 95 SQ FT
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SF
AREA 15 SF
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT REM 35 SFAREA 15 SF AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
PERIMETER 30 FT REM 35 SFAREA 15 SFPERIMETER 30 FT REM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'bmi.tblH:\APVA\_General\2017\JCRR_Design\CAD\MS\figures\Menards Access_03.dgn6:39:12 PMpdf-color.pltcfgjustinsc9/25/2018ROADWAY
CURB/MEDIAN
LEGEND
MENARDS SITE PLAN
200
LANDSCAPE
SCALE IN FEET
BIT. TRAIL
CONSTRUCTION
FUTURE
TRAFFIC SIGNAL
CONCRETE WALK
TRAFFIC SIGNAL
(150TH STREET W)CSAH 42149TH STREET W148TH STREET W147TH STREET WJOHNNY CAKE RIDGE ROAD
ROUNDABOUT CONSTRUCTED
TRANSITION TO EXISTING ROAD BEFORE
GRADE SEPARATED PEDESTRIAN CROSSING
LOCATION:Apple Valley
COUNTY:Dakota
REF. POINT:Speed Approach Description Lanes
DATE:9/6/2018 45 Major App1:Johnny Cake Ridge Rd 2
45 Major App3:Johnny Cake Ridge Rd 2
OPERATOR:CW 30 Minor App2:147th St 3
30 Minor App4:147th St 3
YES
POPULATION < 10,000?No Yes
N/A No No
THRESHOLDS 1A/1B:420/630 140/70 140/70
MAJOR MAJOR TOTAL MAJOR MINOR MINOR 2 MINOR MINOR 4 MET SAME
HOUR APP. 1 APP. 3 1+3 1A/1B APP. 2 1A/1B APP. 4 1A/1B 1A/1B
0:00 - 1:00 11 8 19 / 22 / 7 / /
1:00 - 2:00 1 6 7 / 6 / 2 / /
2:00 - 3:00 4 4 8 / 2 / 2 / /
3:00 - 4:00 3 3 6 / 0 / 5 / /
4:00 - 5:00 19 8 27 / 6 / 11 / /
5:00 - 6:00 76 62 138 / 13 / 35 / /
6:00 - 7:00 122 199 321 / 61 / 79 /X /
7:00 - 8:00 373 419 792 X/X 133 /X 139 /X /X
8:00 - 9:00 210 200 410 / 81 /X 114 /X /
9:00 - 10:00 157 174 332 / 66 / 105 /X /
10:00 - 11:00 111 122 233 / 92 /X 87 /X /
11:00 - 12:00 157 187 345 / 108 /X 121 /X /
12:00 - 13:00 419 318 737 X/X 241 X/X 167 X/X X/X
13:00 - 14:00 475 318 793 X/X 220 X/X 167 X/X X/X
14:00 - 15:00 320 231 551 X/ 216 X/X 131 /X X/
15:00 - 16:00 412 383 795 X/X 230 X/X 171 X/X X/X
16:00 - 17:00 433 396 829 X/X 233 X/X 108 /X X/X
17:00 - 18:00 516 414 930 X/X 229 X/X 143 X/X X/X
18:00 - 19:00 346 332 678 X/X 191 X/X 98 /X X/X
19:00 - 20:00 242 232 474 X/ 150 X/X 59 / X/
20:00 - 21:00 168 189 356 / 89 /X 50 / /
21:00 - 22:00 47 76 123 / 40 / 11 / /
22:00 - 23:00 30 40 70 / 33 / 7 / /
23:00 - 24:00 14 22 37 / 15 / 6 / /
Met (Hr)Required (Hr)
Warrant 1A 8 8 Satisfied
Warrant 1B 7 8 Not satisfied
Warrant 2 8 4 Satisfied
Warrant 3 4 1 Satisfied
Warrant 7 11 8 Satisfied, check accident record
0.70 FACTOR USED?
SIGNAL WARRANTS ANALYSIS
FOR
2015 Counts with Menards Development
Johnny Cake Ridge Rd and 147th St
No
No
\\metrosouth4\h\APVA\_General\2018\Menards Traffic Impact Study III\Warrant Analysis\Warrant_JCRR at 147th St.xls
9/6/2018 1 of 2
LOCATION:Apple Valley
COUNTY:Dakota
REF. POINT:Speed Approach Description Lanes
DATE:9/6/2018 45 Major App1:Johnny Cake Ridge Rd 2
45 Major App3:Johnny Cake Ridge Rd 2
OPERATOR:CW 30 Minor App2:147th St 3
30 Minor App4:147th St 3
0.70 FACTOR USED?YES
POPULATION < 10,000?No
EXISTING SIGNAL ?No
Figure 1. Four Hour and Peak Hour Warrant Analysis
Note: For data points outside the graph range, check the minor street volume against the lower thresholds
Warrant Criteria Actual Hourly Count
Major Warrant 2, Four-hour Volumes Warrant 3, Peak-hour VolumesMajorActual Hourly Count
200 420 19 22
300 350 500 7 6
400 285 435 8 2
500 230 370 6 5
600 175 315 27 11
700 135 260 138 35
800 103 215 321 79
900 80 175 792 139
1000 80 140 410 114
1100 80 115 332 105
1200 80 100 233 92
1300 80 100 345 121
1400 80 100 737 241
1500 80 100 793 220
1600 80 100 551 216
1700 80 100 795 230
1800 80 100 829 233
930 229
678 191
474 150
356 89
123 40
70 33
37 15
0
100
200
300
400
500
600
700
200 400 600 800 1000 1200 1400 1600 1800
Minor Street -High Volume Approach -VPHMajor Street -Total of Both Approaches -VPH
Warrant 2, Four-hour Volumes Warrant 3, Peak-hour Volumes
Actual Hourly Count
\\metrosouth4\h\APVA\_General\2018\Menards Traffic Impact Study III\Warrant Analysis\Warrant_JCRR at 147th St.xls
9/6/2018 2 of 2
Initial Build
L T R Total L T R L T R Delay LOS Storage Avg Max Link
Length Avg Max Storage Avg Max
EB 82 73 47 202 13 8 3 B A A 120 50 100 -25 75 120 25 75
WB 47 153 50 250 12 10 4 B B A 120 25 75 -50 125 120 25 75
NB 111 351 81 543 17 8 4 B A A -75 125 -75 125 -50 125
SB 88 348 123 559 20 13 4 C B A -100 225 -100 225 -50 150
EB 0 0 0 0 ---------------
WB 22 0 62 84 12 -4 B -A 150 25 75 -50 75 -50 75
NB 0 472 116 588 -1 1 -A A ----25 25 -25 25
SB 79 360 0 439 8 4 -A A --50 100 -50 100 150 0 25
EB 17 0 60 77 --0 --0 --0
WB 41 0 16 57 --0 --0 --0
NB 111 520 103 734 --25 --25 --25
SB 60 283 22 365 --25 --25 --25
EB 390 607 134 1131 54 10 2 D B A 500 250 475 -100 375 250 50 150
WB 70 949 339 1358 39 30 11 D C B 250 50 150 -200 325 250 75 225
NB 75 58 52 185 39 35 6 D D A 200 50 125 -25 75 200 25 75
SB 167 80 142 389 35 26 10 D C B 300 75 150 -50 75 300 50 125
EB -202 17 219 -0 0 -A A ------50 --
WB 0 387 -387 0 2 -A A -50 --------
NB 13 -0 13 8 -0 A -A -25 25 ----25 25
EB 0 1131 -1131 0 1 -A A -100 --------
WB -1131 35 1166 -6 6 -A A ------225 --
SB --50 50 --9 --A -------25 75
Location Aprch
Input Volumes Total Delay by Movement Level of Service by
A
A
A
Traffic Queuing Modified (feet)
Through QueueLOS
A
Right Turn
10 B
Left Turn
6
5
North Access at 147th St
Side Stree Stop Controlled 1 A
Initial Build AM Peak
Johnny Cake Ridge Road at 147th St
Signalized Intersection
Johnny Cake Ridge Road at CSAH 42
Signalized Intersection
Johnny Cake Ridge Road at 149th St
Roundabout
Johnny Cake Ridge Road at 148th St
Two-Way Stop Controlled 3 A
25 C
5 A
4
6
South Access at CSAH 42
Side Stree Stop Controlled 4 A
L T R Total L T R L T R Delay LOS Storage Avg Max Link
Length Avg Max Storage Avg Max
EB 137 185 138 460 13 10 5 B B A 120 50 125 -75 125 120 50 100
WB 36 112 68 216 14 9 4 B A A 120 25 75 -50 100 120 50 75
NB 55 428 81 564 22 11 6 C B A ----75 150 -75 150
SB 71 474 113 658 26 17 5 C B A -125 275 -125 275 -75 275
EB 0 0 0 0 ---------------
WB 76 0 74 150 6 -4 A -A 150 50 75 -50 75 -50 75
NB 0 427 20 447 -6 2 -A A ----25 75 -25 75
SB 52 540 0 592 6 8 -A A --25 100 -25 100 150 25 50
EB 30 0 108 138 --0 --0 --0
WB 109 0 90 199 --0 --0 --0
NB 138 310 122 570 --25 --25 --25
SB 58 508 28 594 --25 --25 --25
EB 443 1421 92 1956 80 21 5 F C A 500 425 575 -275 600 250 150 350
WB 66 1244 331 1641 92 58 24 F E C 250 150 350 -500 775 250 250 350
NB 150 100 95 345 107 140 29 F F C 200 150 225 -100 175 200 50 100
SB 455 71 341 867 85 65 45 F E D 300 250 375 -100 375 300 225 375
EB -460 21 481 -0 0 -A A ------50 --
WB 0 280 -280 0 1 -A A -50 --------
NB 23 -0 23 9 -0 A -A -25 50 ----25 50
EB 0 1956 -1956 0 1 -A A -100 --------
WB -1691 44 1735 -9 8 -A A ------225 --
SB --90 90 --33 --C -------50 150
North Access at 147th St
Side Stree Stop Controlled 1 A
South Access at CSAH 42
Side Stree Stop Controlled 6 A
Location Aprch
Input Volumes Total Delay by Movement Level of Service by
A
A
Traffic Queuing Modified (feet)
Through QueueLOS Right Turn
12 B
Left Turn
A
Initial Build PM Peak
Johnny Cake Ridge Road at 147th St
Signalized Intersection
Johnny Cake Ridge Road at CR 42
Signalized Intersection
Johnny Cake Ridge Road at 149th St
Roundabout
Johnny Cake Ridge Road at 148th St
Two-Way Stop Controlled 7 A
51 D
8 A
4
6
6
5
A
Full Build
L T R Total L T R L T R Delay LOS Storage Avg Max Link
Length Avg Max Storage Avg Max
EB 82 73 47 202 15 8 3 B A A 120 50 100 -50 75 120 25 75
WB 47 153 50 250 11 10 4 B B A 120 25 75 -50 125 120 25 75
NB 112 358 83 553 21 9 4 C A A 200 ---75 150 -75 150
SB 88 362 123 573 21 14 4 C B A 200 ---50 150 -50 150
EB 5 5 17 27 --25 --25 --25
WB 22 5 62 89 --25 --25 --25
NB 52 476 116 644 --25 --25 --25
SB 79 364 11 454 --50 --50 --50
EB 21 5 74 100 --25 --25 --25
WB 41 5 16 62 --75 --75 --75
NB 135 572 103 810 --50 --50 --50
SB 60 300 26 386 --75 --75 --75
EB 379 607 134 1120 67 11 2 E B A 500 325 550 -100 400 250 100 300
WB 70 973 365 1408 87 33 11 F C B 250 100 300 -250 450 250 100 350
NB 75 59 52 186 81 83 7 F F A 200 75 175 -50 100 200 25 75
SB 191 80 146 417 77 80 17 E F B 300 125 200 -50 100 300 75 175
EB -203 28 231 -0 0 -A A ------50 --
WB 5 388 -393 0 2 -A A -50 25 25 ------
NB 21 -5 26 8 -0 A -A -25 50 ----25 50
EB 30 1180 -1210 0 1 -A A -100 25 75 -25 25 ---
WB -1133 59 1192 -6 5 -A A ------225 --
SB --38 38 --10 --B -------25 50
A
A
A
4 A
5 A
5 A
5 A
Full Build AM Peak
Johnny Cake Ridge Road at 147th St
Signalized Intersection
Johnny Cake Ridge Road at CR 42
Signalized Intersection
Johnny Cake Ridge Road at 149th St
Roundabout
Johnny Cake Ridge Road at 148th St
Roundabout 5 A
35 D
6 A
5
6
6
5
A
Right Turn
11 B
Left Turn
Traffic Queuing Modified (feet)
Through Queue
Location Aprch
Input Volumes Total Delay by Movement Level of Service by LOS
North Access at 147th St
Side Stree Stop Controlled 1 A
South Access at CSAH 42
Side Stree Stop Controlled 4 A
L T R Total L T R L T R Delay LOS Storage Avg Max Link
Length Avg Max Storage Avg Max
EB 137 185 138 460 14 10 5 B B A 120 50 125 -75 125 120 50 75
WB 37 112 68 217 15 9 4 B A A 120 25 75 -50 100 120 --
NB 57 458 88 603 24 11 6 C B A 200 ---0 0 ---
SB 71 484 113 668 25 16 5 C B A 200 ---0 0 ---
EB 14 5 47 66 --0 --0 --0
WB 76 5 74 155 --25 --25 --25
NB 53 454 20 527 --25 --25 --25
SB 52 541 11 604 --50 --50 --50
EB 57 5 194 256 --25 --25 --25
WB 109 0 90 199 --75 --75 --75
NB 135 363 122 620 --50 --50 --50
SB 58 555 27 640 --75 --75 --75
EB 415 1421 92 1928 91 24 6 F C A 500 400 600 -300 700 250 150 350
WB 66 1259 349 1674 96 63 29 F E C 250 150 350 -550 900 250 75 200
NB 150 101 95 346 100 128 34 F F C 200 150 225 -50 175 200 275 350
SB 566 71 363 1000 87 66 44 F E D 300 300 400 -125 475 300 0 0
EB -461 28 489 -1 0 -A A ------50 --
WB 5 282 -287 0 1 -A A -50 25 25 ------
NB 57 -5 62 11 -0 B -A ---------
EB 30 1928 -1958 0 2 -A A -100 25 75 -25 50 ---
WB -1713 59 1772 -9 8 -A A ------225 --
SB --104 104 --33 --D -------0 0
North Access at 147th St
Side Stree Stop Controlled 2 A
South Access at CSAH 42
Side Stree Stop Controlled 6 A
LOS
Location Aprch
Input Volumes Total Delay by Movement Level of Service by Right Turn
12 B
Left Turn
Traffic Queuing Modified (feet)
Through Queue
Full Build PM Peak
Johnny Cake Ridge Road at 147th St
Signalized Intersection
Johnny Cake Ridge Road at CSAH 42
Signalized Intersection
Johnny Cake Ridge Road at 149th St
Roundabout
Johnny Cake Ridge Road at 148th St
Roundabout 5 A
56 E
7 A
10
7
6
7
B
A
A
A
6 A
6 A
5 A
6 A
Future Full Build
L T R Total L T R L T R Delay LOS Storage Avg Max Link
Length Avg Max Storage Avg Max
EB 108 142 92 342 75 15 5 E B A 120 100 200 -75 225 120 50 125
WB 68 298 66 432 24 22 6 C C A 120 50 100 -125 275 120 50 125
NB 216 419 117 752 17 11 7 B B A 200 75 200 -75 150 -75 150
SB 127 394 240 761 13 16 13 B B B 200 50 100 -100 225 -100 225
EB 5 5 17 27 --25 --25 --25
WB 22 5 62 89 --25 --25 --25
NB 52 685 116 853 --25 --25 --25
SB 79 463 11 553 --50 --50 --50
EB 21 5 71 97 --25 --25 --25
WB 88 5 77 170 --75 --75 --75
NB 135 755 103 993 --50 --50 --50
SB 83 386 33 502 --75 --75 --75
EB 414 754 308 1476 71 25 7 E C A 500 375 575 -175 475 250 225 350
WB 161 1046 386 1593 82 50 22 F D C 250 225 350 -375 675 250 225 350
NB 345 217 239 801 81 68 14 F E B 200 225 300 -150 400 200 75 150
SB 150 215 156 521 80 73 25 F E C 300 100 175 -125 225 300 75 175
EB -342 28 370 -0 0 -A A ------50 --
WB 5 755 -760 0 2 -A A -50 25 25 ------
NB 21 -5 26 17 -0 B -A -25 50 ----25 50
EB 22 1476 -1498 0 1 -A A -100 25 75 ------
WB -1487 59 1546 -8 7 -A A ------225 --
SB --38 38 --21 --C -------25 75
B
A
B
7 A
8 A
6 A
7 A
Future Full Build AM Peak
Johnny Cake Ridge Road at 147th St
Signalized Intersection
Johnny Cake Ridge Road at CR 42
Signalized Intersection
Johnny Cake Ridge Road at 149th St
Roundabout
Johnny Cake Ridge Road at 148th St
Roundabout 6 A
46 D
10 A
11
14
7
10
B
Right Turn
17 B
Left Turn
Traffic Queuing Modified (feet)
Through Queue
Location Aprch
Input Volumes Total Delay by Movement Level of Service by LOS
North Access at 147th St
Side Stree Stop Controlled 2 A
South Access at CSAH 42
Side Stree Stop Controlled 5 A
L T R Total L T R L T R Delay LOS Storage Avg Max Link
Length Avg Max Storage Avg Max
EB 181 361 269 811 44 20 9 D C A 120 125 225 -150 400 120 75 225
WB 52 218 90 360 46 16 5 D B A 120 50 125 -75 150 120 50 75
NB 107 530 117 754 17 14 11 B B B 200 50 125 -100 150 -100 150
SB 102 547 220 869 16 17 12 B B B 200 50 100 -125 250 -125 250
EB 14 5 47 66 --0 --0 --0
WB 76 5 74 155 --25 --25 --25
NB 53 666 20 739 --25 --25 --25
SB 52 805 11 868 --50 --50 --50
EB 57 5 194 256 --25 --25 --25
WB 199 5 126 330 --75 --75 --75
NB 135 555 122 812 --50 --50 --50
SB 94 792 42 928 --75 --75 --75
EB 459 1544 423 2426 119 47 26 F D C 500 525 600 -625 1025 250 350 350
WB 303 1306 378 1987 148 119 86 F F F 250 350 350 -1075 1300 250 300 350
NB 345 141 218 704 377 156 66 F F E 200 300 300 -650 700 200 125 275
SB 430 189 380 999 85 50 83 F D F 300 250 400 -325 500 300 250 300
EB -811 28 839 -1 1 -A A ------50 --
WB 5 546 -551 0 2 -A A -50 25 50 ------
NB 57 -5 62 35 -0 E -A -50 125 ----50 125
EB 22 2426 -2448 0 6 -A A -100 25 100 -50 275 ---
WB -1971 59 2030 -8 8 -A A ----0 25 225 0 25
SB --104 104 --42 --E -------75 200
North Access at 147th St
Side Stree Stop Controlled 3 A
South Access at CSAH 42
Side Stree Stop Controlled 8 A
LOS
Location Aprch
Input Volumes Total Delay by Movement Level of Service by Right Turn
17 B
Left Turn
Traffic Queuing Modified (feet)
Through Queue
Future Full Build PM Peak
Johnny Cake Ridge Road at 147th St
Signalized Intersection
Johnny Cake Ridge Road at CSAH 42
Signalized Intersection
Johnny Cake Ridge Road at 149th St
Roundabout
Johnny Cake Ridge Road at 148th St
Roundabout 7 A
98 F
10 B
19
13
7
10
C
B
A
B
8 A
8 A
6 A
7 A
Future Full Build – Six Lanes, Dual WBL, Dual EBL at CSAH 42
L T R Total L T R L T R Delay LOS Storage Avg Max Link
Length Avg Max Storage Avg Max
EB 108 142 92 342 79 17 7 E B A 120 100 225 -100 325 120 50 150
WB 68 298 66 432 26 22 7 C C A 120 50 125 -125 250 120 50 150
NB 216 419 117 752 15 11 7 B B A 200 75 150 -75 125 -75 125
SB 127 394 240 761 13 16 12 B B B 200 50 100 -100 200 -100 200
EB 5 5 17 27 --25 --25 --25
WB 22 5 62 89 --25 --25 --25
NB 52 685 116 853 --25 --25 --25
SB 79 463 11 553 --50 --50 --50
EB 21 5 71 97 --25 --25 --25
WB 88 5 77 170 --75 --75 --75
NB 135 755 103 993 --50 --50 --50
SB 83 386 33 502 --75 --75 --75
EB 414 754 308 1476 91 14 7 F B A 500 200 325 -100 225 250 75 125
WB 161 1046 386 1593 37 20 11 D C B 250 75 150 -150 200 250 100 200
NB 345 217 239 801 66 30 7 E C A 200 200 300 -75 175 200 50 100
SB 150 215 156 521 32 31 8 C C A 300 75 100 -75 125 300 50 100
EB -342 28 370 -0 0 -A A ------50 --
WB 5 755 -760 0 2 -A A -50 25 25 ------
NB 21 -5 26 22 -0 C -A -25 50 ----25 50
EB 22 1476 -1498 0 1 -A A -100 25 50 ------
WB -1487 59 1546 -4 3 -A A ------225 --
SB --38 38 --6 --A -------25 50
B
A
A
5 A
7 A
7 A
5 A
Future Full Build AM Peak (Six Lanes, Dual WBL, Dual EBL at CSAH 42)
Johnny Cake Ridge Road at 147th St
Signalized Intersection
Johnny Cake Ridge Road at CR 42
Signalized Intersection
Johnny Cake Ridge Road at 149th St
Roundabout
Johnny Cake Ridge Road at 148th St
Roundabout 6 A
29 C
7 A
6
11
8
6
A
Right Turn
18 B
Left Turn
Traffic Queuing Modified (feet)
Through Queue
Location Aprch
Input Volumes Total Delay by Movement Level of Service by LOS
North Access at 147th St
Side Stree Stop Controlled 2 A
South Access at CSAH 42
Side Stree Stop Controlled 3 A
L T R Total L T R L T R Delay LOS Storage Avg Max Link
Length Avg Max Storage Avg Max
EB 181 361 269 811 38 19 9 D B A 120 100 225 -125 300 120 75 200
WB 52 218 90 360 37 16 6 D B A 120 50 100 -100 175 120 50 100
NB 107 530 117 754 17 14 10 B B B 200 50 100 -100 175 -100 175
SB 102 547 220 869 15 16 12 B B B 200 50 100 -100 225 -100 225
EB 14 5 47 66 --25 --25 --25
WB 76 5 74 155 --25 --25 --25
NB 53 666 20 739 --25 --25 --25
SB 52 805 11 868 --50 --50 --50
EB 57 5 194 256 --25 --25 --25
WB 199 5 126 330 --75 --75 --75
NB 135 555 122 812 --50 --50 --50
SB 94 792 42 928 --75 --75 --75
EB 459 1544 423 2426 81 26 11 F C B 500 200 325 -200 300 250 100 225
WB 303 1306 378 1987 54 28 12 D C B 250 125 225 -200 275 250 100 200
NB 345 141 218 704 61 38 16 E D B 200 175 275 -50 175 200 75 175
SB 430 189 380 999 39 17 20 D B C 300 150 225 -75 150 300 125 250
EB -811 28 839 -1 1 -A A ------50 --
WB 5 546 -551 0 2 -A A -50 25 50 ------
NB 57 -5 62 31 -0 C -A -50 100 ----50 100
EB 22 2426 -2448 0 1 -A A -100 25 75 ------
WB -1971 59 2030 -5 5 -A A ------225 --
SB --104 104 --20 --C -------50 125
North Access at 147th St
Side Stree Stop Controlled 3 A
South Access at CSAH 42
Side Stree Stop Controlled 4 A
LOS
Location Aprch
Input Volumes Total Delay by Movement Level of Service by Right Turn
17 B
Left Turn
Traffic Queuing Modified (feet)
Through Queue
Future Full Build PM Peak (Six Lanes, Dual WBL, Dual EBL at CSAH 42)
Johnny Cake Ridge Road at 147th St
Signalized Intersection
Johnny Cake Ridge Road at CR 42
Signalized Intersection
Johnny Cake Ridge Road at 149th St
Roundabout
Johnny Cake Ridge Road at 148th St
Roundabout 6 A
32 C
7 A
6
11
8
6
A
B
A
A
5 A
7 A
7 A
5 A
Page 1 of 2
Technical Memorandum
To: Brandon Anderson, PE
City Engineer
From: Brian Weiss, PE
AE2S
Re: Hydraulic Analysis – Water Main Analysis – Menards Site
Apple Valley Water Distribution System
Date: July 6, 2018
Purpose of Hydraulic Analysis
Menards is developing a site within Apple Valley north of Co Rd 42 and west of Johnny Cake
Ridge Rd. This memorandum provides a summary of the analysis performed to determine the
following within the proposed development:
1. Average Pressures
2. Available Fireflow
Basis of Analysis
• Analysis based on a Maximum Day Demand = 15.5 MGD
• Extended Period Simulation (EPS) over 24 hour period repeated five days
• Operation of various water treatment plants online/offline status
• Provide available fire flow of 1,500 gpm for residential and 3,500 gpm for commercial/
multi-family
Technical Memorandum
Hydraulic Analysis – Water Main Analysis – Menards Site
July 6,2018
Page 2 of 2
Evaluation Results
• Pressure Analysis – Average pressures shown in Figure 1A
• Fire Flow Analysis – Available fire flow at 20 psi residual shown in Figure 1B.
Pressure Analysis:
• Pressures ranged from 53 to 54 psi. These pressures are adequate for this type of
development.
Fireflow Analysis:
• Fireflows ranged from 3,600 gpm to 5,700 gpm depending on the location within the
development.
- Specific fire flow requirements for the Menards facility were not available.
- Desired available fireflow for commercial facilities is typically 3,500 gpm.
- Based on the current water main planned for the facility, available fireflows would
be greater than 3,500 gpm.
Average Pressures (psi)
Scenario 1: 8-inch Watermain
Maximum Day Demand =15.5 MGD Figure 1A
Available Fireflow (gpm)at Residual Pressure of 20 psi
Scenario 1: 10-inch Watermain
Maximum Day Demand =15.5 MGD Figure 1B
CITY OF
MEMO
Public Works
TO: Tom Lovelace, Planner
FROM: Brandon S. Anderson, City Engineer
DATE: August 9, 2018
SUBJECT: Menard’s Preliminary Plan Review
County Road 42 and Johnny Cake Ridge Road
Alex,
The following are comments regarding the Menard’s Preliminary Plan Review
dated July 30, 2018. Please include these items as conditions to approval.
General
• All work and infrastructure within public easements or right of way shall be to City
standards.
• A Public Improvement project will be required for the improvements on:
a. Johnny Cake Ridge Road
b. Street A
c. Storm Water facilities
d. 147th Street right turn lane
e. 150th Street right turn lane
• Additional review by Dakota County Transportation will be required.
• Relocation of the existing power lines along JCRR will be required by applicant.
• Relocation of existing gas lines and small utilities in ROW along CR 42 and JCRR will
be required by applicant.
Plat
• Provide additional 30’ minimum drainage and utility easement over public storm sewer
from CBMH-5 to STMH-6.
• Additional 10’ drainage and utility easement shall be provided behind ROW in Outlot B
adjacent to Upper 147th Street West.
Site
• See attached Memo from Bolton & Menk dated 03-23-18 regarding additional preliminary
traffic impact review.
• Access location to parking lot from RIRO off CR 42 is required to be 300’ from CR 42
curb line (turn lane) to prevent stacking of vehicles into County Road per Dakota County.
• A guardrail was evaluated per MnDOT Clear zone distance requirements chapter 4 along
the pond slopes adjacent to Street A and determined to be not necessary due to 4:1 slopes.
An additional 5’ “flat” area between the back of sidewalk and top of slope would need to
be provided along the west side of Street A adjacent to WVR P55.1 for landscaping. This
can be incorporated into required buffer width if necessary.
• Provide additional drawing showing Auto turn turning movements to verify site circulation
and layout requirements for planned vehicle usage to be used onsite. Show truck
movement with Auto turn entering site to ensure emergency and service vehicle can
maneuver internally.
• Light poles shall be located out of Outlot D.
• Interim JCRR roadway plan shall be provided for the lane transitions from the proposed
149th Street roundabout to existing 148th Street full access subject to final approval by
City Engineer.
• Traffic signal will be required at the 147th and JCRR intersection as part of proposed
preliminary plat.
• Access Restriction will be required along Street A from JCRR to N-S Segment of Street
A, County Road 42 frontage and JCRR (except at 148th and 149th Streets).
• A dedicated right turn lane off 150th Street will be required in accordance with Bolton
and Menk memo dated March 23, 2018.
• A dedicated right turn lane off Upper 147th Street access will be required in accordance
with Bolton and Menk memo dated March 23, 2018.
Grading, Drainage and Erosion Control
• Final Grading Plans shall be reviewed and approved by City Engineer.
• Final Storm water Management Plan shall be reviewed and approved by City Engineer.
• Provide the overall site composite Curve Number (CN) along with the impervious % on the
area tabulation
• The existing pond onsite is an incidental wetland which is not regulated by WCA. An
incidental wetland is an area that takes on wetland characteristics (wetland plants, soils,
and hydrology) but that was not created to be a wetland.
• Future development drainage to storm water basins WVR P55.1 and WVR P55.2 will be
required to provide additional volume, TSS and TP reduction onsite or expand proposed
ponds to meet discharge rate of 6.0 cfs leaving the site.
• The total allowable 100-year discharge rate from the site is 6.0 cfs. Storm water
modifications are necessary to meet flow restriction.
• Label EOF for storm water and infiltration basins as well as parking lots and roadway.
• Restoration/Landscape and Grading plan should indicate required (ordinance 152.57)16.5’
buffers and appropriate seed mixtures for infiltration area, aquatic bench and upland areas
associated with storm water basin.
• 100-year flood storage in the streets and pipes are not allowed.
• Grading is shown onto property outside project limits at Outlot B.
• Rip Rap or appropriate vegetation may be required on the bench between the multiple
storm cells to prevent erosion.
• Surface drainage from Outlot C should be directed towards proposed Storm water retention
pond and not to the public ROW or include a temporary CB (upstream of CBMH-12) to
pick up drainage from Outlot C.
• Construction access as shown off CR 42 will not be allowed.
Sanitary Sewer, Water Main and Storm Sewer
• Final locations and sizes of Sanitary & Storm Sewer and Water main shall be reviewed
with the final construction plans and approved by City Engineer. Sanitary Sewer, Water
main and Storm sewer utilities within ROW and drainage and utility easements shall be
publicly owned and maintained and be per City Standards.
• See attached memo from AE2S regarding water main analysis for proposed site
improvements.
• Proposed water main connection at 147th Street under Gas main will likely be bored or
jacked with Casing and should be indicated as such on plans.
• Sanitary sewer (S MH 1 – S MH 3) in front of Menards building should be moved out of
drainage and utility easement to clarify long term maintenance requirements. (5-10’ north
would be acceptable).
• Proposed hydrant located west of loading docks shall be relocated out of Outlot D.
• Proposed water service at station +13+50 of Street A shall be relocated out of WVR P55.2.
• STMH-1C should be routed to OCS-1. Multiple storm sewer crossings of the gas main is
not recommended with Magellan.
• OCS-1 and OCS-4 rim elevation is listed as 983.0 which should be lowered to be 1.0’
below low point in street or match the HWL of ponding areas. Identify protected EOF
from WVR P55.1.
• Provide additional drawing showing required hydrant coverage for site. (Max. hydrant
spacing is 450-feet for Commercial/Industrial areas.)
• Provide storm sewer calculations (Rational method) for proposed improvements.
Landcape and Natural Resources
• No evergreen trees are included in the proposed landscape schedule. The site may benefit
from additional evergreen tree and shrub varieties in the plantings for year round
screening and diversity.
• Ensure all trees are planted a minimum of 10-15’ from buildings to allow for full growth
with minimal pruning and conflict. Ornamental species near sidewalks and drive aisles
will likely become a nuisance as they mature.
• Tree planting is not allowed in public drainage and utility easements. Drainage and utility
easements should be clearly identified on landscape plan. Ensure tree planting locations
do not hinder maintenance access to storm water facilities.
• Restoration/Landscape plan should indicate required buffers and appropriate seed mixtures
for infiltration area, aquatic bench and upland areas associated with any storm water basins.
• No major tree plantings shall be located over any underground utilities. Clusters of trees
shall be used near or around these areas instead of planting in a row. The Drainage and
Utility Easement will require clearance around the underground utilities, or the
expectation that trees may have to be removed for access when needed.
• A protective buffer zone in accordance with ordinance 152.57 is required (16.5 feet for
any storm water pond) and shall be indicated on the plans.
• Because native vegetation can be so hard to establish, provide a 3 year establishment
plan. The plan should have information about when seed will be installed, tasks taken to
prevent weed establishment, and information on the timing to the connection to the storm
water system.
• Trees as shown in the 147th Street are existing and any trees removed shall be replaced.
H:\APVA\_General\2018\Menards Traffic Impact Study III\2018-03-23_Menards TIS Review III.docx
MEMORANDUM
Date: March 23, 2018
To: City of Apple Valley, MN
From: Bryan T. Nemeth, P.E., PTOE
Michael Boex, P.E.
Subject: Traffic Impact Study Review – Supplemental Traffic Forecast
Menards Development
I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of the State of Minnesota.
43354 March 23, 2018
Bryan T. Nemeth, P.E., PTOE Reg. No. Date
Introduction
The Supplemental Traffic Forecast Information for the Menards Development in Apple Valley, MN,
dated March 16, 2018 was reviewed to determine if and how the development and site layout revisions
impacts the traveling public. Overall, the TIS appears to be accurate and the site size changes are not
anticipated to be of concern as compared to the previous Traffic Impact Study submitted on November
17, 2017. However, the site design has been modified and there are some design and access
considerations that will need to be rectified.
Forecasts
The proposed changes in the size of both the Menards building and the surrounding developments
requires the recalculation of trip generation due for the site. The TIS forecasts are lower than the previous
forecasts provided in the November 17, 2017 Traffic Impact Study for the site.
Public Roadway System Impacts and Operations
It is anticipated that the development traffic would be effectively dispersed throughout the public roadway
system as defined in the November 17, 2017 Traffic Impact Study and evaluated in the December 22,
2017 Review. The traffic decrease is anticipated to provide more effective operations and a rerun of
analysis is not anticipated to be needed.
147th Street Access
The new street access to 147th Street is indicated in the site plan as full access. This proposed access is
moved further east than the previous submittal but is properly spaced from the other existing accesses
along 147th Street (minimum 330’ access to access). The new alignment does allow for the parcel to the
east to have a full access onto 147th Street. Based on the previous traffic analysis, the east parcel full
access would need to be aligned with the western Abdallah access to ensure that left turn conflicts do not
Name: Menards Development Re-Evaluation Update
Date: March 23, 2018
Page: 2
occur and the adequate spacing from Johnny Cake Ridge Road and the eastern Abdallah access is
provided.
As consistent with previous comments, the traffic volumes will require an eastbound right turn lane. This
will have to be shorter than previously identified due to the revised access location and would be deemed
acceptable based on the lower traffic volumes for the site. The existing three lane section of 147th Street
allows for westbound left turning vehicles. The following recommendations for the 147th Street access is:
• Construct a 240’ eastbound right turn lane. This includes 180’ full width turn lane with a 60’
taper (taper at 5:1)
The future access to the east was determined through a previous study and has the following
recommendation on the turn lane need.
• Construct a 235’ eastbound right turn lane. This includes 175’ full width turn lane with a 60’
taper (taper at 5:1)
Johnny Cake Ridge Road
The previous work and review of the site provides for adequate access and operations at the accesses and
no changes are anticipated to be needed. Additionally, review of the 147th Street and CSAH 42/150th
Street intersections was also previously completed.
150th Street/County Road 42 Access
Two access points are proposed along 150th Street west of Johnny Cake Ridge Road. This is different than
the previous plan submitted in November 2017 which showed only one access point onto 150th St. The
roadway is currently under the jurisdictional authority of Dakota County and is functionally classified as a
Principal Arterial. A review of Dakota County Access Guidelines indicates that partial movement
intersections would be allowed at ¼ mile spacing. Partial movement intersections include ¾ access
configurations. Additionally, a right-in/right-out access may be permitted at ⅛ mile spacing if the County
determines the access improves the overall safety and/or efficiency of the transportation system.
The proposed ¾ access is just under ¼ mile (1,320 ft.) at 1,260 feet. This would likely meet the County’s
access spacing requirement.
The proposed right-in/right-out access is under ⅛ mile (660 ft.) at 440 feet. While the distance for
stopping sight distance is met, the County’s access spacing requirement is not met. The right-in/right-out
access should be moved approximately 150 to 200 feet west of its currently proposed location.
The roadway system for the site should also match into all proposed accesses on CSAH 42 to help justify
the need. As shown, the ¾ access is primarily for access to one business. It is highly likely that Dakota
County would not approve of an access on CSAH 42 to primarily serve one business. Additionally, it is
likely that Dakota County would approve of only one access to CSAH 42, as has been proposed
previously.
The following recommendations for the 150th Street turn lanes at the ¾ access are:
• Construct a 480’ westbound right turn lane. This includes 300’ full width turn lane with a 180’
taper (taper at 15:1). This matches the design of the ¾ access to the west but could potentially be
reduced to a total of 390’ based on Design of Turn Lane Guidelines.
• Construct a 480’ eastbound left turn lane. This includes 300’ full width turn lane with a 180’ taper
(taper at 15:1). This matches the design of the ¾ access to the west.
The following recommendations for the 150th Street turn lanes at the right-in/right-out access are:
• Construct a 390’ westbound right turn lane. This includes 210’ full width turn lane with a 180’
taper (taper at 15:1).
Name: Menards Development Re-Evaluation Update
Date: March 23, 2018
Page: 3
Internal Site Circulation
Review of the internal site circulation was conducted to determine if the circulation patterns would have
any effect on the public roadway system or have any design concerns.
The internal north-south roadway has a number of horizontal curves. As indicated on the attached figure,
the radii of the curves are 210’ indicating a design speed of 25 mph assuming normal 2% crown on the
roadway. This is a concern as the roadway needs to be designed for 30 mph. The 200’ radius on 148th
Street is also a concern but is at the start of the stopping sight distance from the new N-S street and may
be acceptable. A 30 mph roadway will require a minimum radius of 333 feet.
The minimum driveway setback shall be in accordance with City Code. The setback from Johnny Cake
Ridge Road is appropriate as shown. The setback from CSAH 42 is not appropriate with its designation as
a Principal Arterial. The minimum setback should be 300 feet.
With a 30 mph speed on the roadways, the minimum spacing between driveways (centerline to centerline)
is 200 feet to accommodate stopping sight distance. The driveway shown on the north end should be
moved at least 200 feet from the proposed driveway for the adjacent parcel. All other proposed driveways
do meet this distance.
Conclusions and Recommendations
The primary review conclusions and recommendations are provided below.
Right-in/Right-out Access on CSAH 42
• Inadequate spacing from the intersection of Johnny Cake Ridge Road/CSAH 42 (150th Street)
based on Dakota County Access Guidelines.
o Move the right-in/right-out access approximately 200’ west.
• Provide a right turn lane into the right-in/right-out access.
¾ Access on CSAH 42
• Adequate spacing is provided from the intersection of Johnny Cake Ridge Road/CSAH 42 (150th
Street) based on Dakota County Access Management Guidelines.
• Provide a right turn lane and left turn lane into the ¾ access.
• Connect the public roadway system onsite to both accesses proposed on CSAH 42.
CSAH 42 Accesses
• Based on Dakota County Access Guidelines, a restricted access would be allowed at ¼ mile
spacing. While it is believed that an additional access to CSAH 42 would improve the efficiency
of the transportation system it is not an approved conclusion that Dakota County would grant the
right-in/right-out access in addition to the ¾ access. It is advised that the ¾ access be set up as the
primary access from CSAH 42 for the site. The right-in/right-out access should be designed at an
appropriate location as mentioned above and be designed for the possibility of the access not
being approved by Dakota County if they do not agree that it would improve the efficiency of the
transportation system.
147th Street Access
• Adequately located and spaced based on city guidance.
• Provides for adequate spacing to a future full access for the parcel to the east.
• Provide an eastbound right turn lane into the access.
Name: Menards Development Re-Evaluation Update
Date: March 23, 2018
Page: 4
Johnny Cake Ridge Road Access
• Acceptable. No change from previous plans.
Internal Roadways
• Inadequate horizontal curves rated at 25 mph. A 30 mph design is required.
• Revise with a minimum radius of 333 feet.
• Connect the public roadway system onsite to both accesses proposed on CSAH 42.
• Provide 300’ setback to the first driveway from all accesses connecting to CSAH 42.
• Driveways need to be separated by at least 200’ to account for stopping sight distance.
bmi.tblH:\APVA\_General\2016\Menards Traffic Impact Study Review\MS\Prelim\Figures\Option 7_(S-RA-RA-S)_200sc.dgn10:39:43 AMpdf-color.pltcfgtombu3/23/2018MENARDS TRAFFIC IMPACT STUDY
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA = 40 SQ ’PERIMETER = 70 ’REMOVAL = 150 SQ ’
AREA = 40 SQ ’PERIMETER = 70 ’REMOVAL = 150 SQ ’AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FTPERIMETER 30 FTREM 35 SF
AREA 15 SF
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT PERIMETER 50FT REM 95 SQ FT
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’AREA = 15 SQ’REM = 48 SQ ’
PERIMETER = 30 ’AREA = 15 SQ’REM = 48 SQ ’
PERIMETER = 30 ’AREA = 15 SQ’REM = 48 SQ ’
PERIMETER = 30 ’AREA = 15 SQ’REM = 48 SQ ’
PERIMETER = 30 ’
PERIMETER 30 FT
REM 35 SFAREA 15 SF
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’AREA = 15 SQ’
REM = 48 SQ ’
PERIMETER = 30 ’
AREA = 15 SQ’
REM = 48 SQ ’
PERIMETER = 30 ’
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA = 40 SQ ’PERIMETER = 70 ’REMOVAL = 150 SQ ’
AREA 26 SQ FTPERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FTPERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA = 40 SQ ’PERIMETER = 70 ’REMOVAL = 150 SQ ’
AREA 26 SQ FT PERIMETER 50FT REM 95 SQ FT
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ’
REM = 48 SQ ’
PERIMETER = 30 ’
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FTPERIMETER 30 FT
REM 35 SF
AREA 15 SFAREA = 15 SQ’REM = 48 SQ ’
PERIMETER = 30 ’
AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’
PERIMETER 30 FT REM 35 SFAREA 15 SF AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’
AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’
AREA = 15 SQ’REM = 48 SQ ’
PERIMETER = 30 ’
AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’
AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’
AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’
AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’
AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’
AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’AREA = 15 SQ’REM = 48 SQ ’PERIMETER = 30 ’
LEGEND
ROADWAY
CURB/MEDIAN
TRAFFIC SIGNAL
SCALE IN FEET
UTILITY POLE
EXISTING ROW
PROPOSED ROW
TRAIL CLEAR ZONE
TRAIL
LANDSCAPE
UTILITY EASEMENT
200
V = 25 MPH
R = 210’
V = 25 MPH
R = 210’
V = 25 MPH
R = 200’
ASSUMING NORMAL 2% CROWN CROSS SECTION
NOTE: HORIZONTAL CURVE DESIGN SPEEDS CALCULATED
FUTURE ACCESS
FUTURE ACCESS
W/ 15:1 TAPER
480’ LEFT TURN LANE
PROPOSED ACCESS LOCATION
PUBLIC ROADWAY IMPROVEMENTS
SOUTH
DRIVEWAY
MOVE
NEEDED
SEPARATION
200’ MINIMUM
NEEDED
SETBACK
300’ MINIMUM
40’
40’5’
25’
5’
25’150TH STREET WJOHNNY CAKE RIDGE ROAD
MENARDS
148TH STREET W149TH STREET W147TH STREET W615’
340’
338’
Page 1 of 2
Technical Memorandum
To: Brandon Anderson, PE
City Engineer
From: Brian Weiss, PE
AE2S
Re: Hydraulic Analysis – Water Main Analysis – Menards Site
Apple Valley Water Distribution System
Date: July 6, 2018
Purpose of Hydraulic Analysis
Menards is developing a site within Apple Valley north of Co Rd 42 and west of Johnny Cake
Ridge Rd. This memorandum provides a summary of the analysis performed to determine the
following within the proposed development:
1. Average Pressures
2. Available Fireflow
Basis of Analysis
• Analysis based on a Maximum Day Demand = 15.5 MGD
• Extended Period Simulation (EPS) over 24 hour period repeated five days
• Operation of various water treatment plants online/offline status
• Provide available fire flow of 1,500 gpm for residential and 3,500 gpm for commercial/
multi-family
Technical Memorandum
Hydraulic Analysis – Water Main Analysis – Menards Site
July 6,2018
Page 2 of 2
Evaluation Results
• Pressure Analysis – Average pressures shown in Figure 1A
• Fire Flow Analysis – Available fire flow at 20 psi residual shown in Figure 1B.
Pressure Analysis:
• Pressures ranged from 53 to 54 psi. These pressures are adequate for this type of
development.
Fireflow Analysis:
• Fireflows ranged from 3,600 gpm to 5,700 gpm depending on the location within the
development.
- Specific fire flow requirements for the Menards facility were not available.
- Desired available fireflow for commercial facilities is typically 3,500 gpm.
- Based on the current water main planned for the facility, available fireflows would
be greater than 3,500 gpm.
Average Pressures (psi)
Scenario 1: 8-inch Watermain
Maximum Day Demand =15.5 MGD Figure 1A
Available Fireflow (gpm)at Residual Pressure of 20 psi
Scenario 1: 10-inch Watermain
Maximum Day Demand =15.5 MGD Figure 1B
Dakota County Surveyor’s Office
Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124
952.891 -7087 Fax 952.891 -7127 www.co.dakota.mn.us
July 9, 2018
City of Apple Valley
7100 147th Street W.
Apple Valley, MN 55124
Re: MENARDS AT HANSON CONCRETE
The Dakota County Plat Commission met on July 9, 2018, to consider the preliminary plat of the above
referenced plat. The plat is adjacent to CSAH 42, and is therefore subject to the Dakota County Contiguous
Plat Ordinance.
The preliminary plat contains 50.5+/- acres to include a new building for Menards and two future commercial
development sites. The right-of-way needs for CSAH 42 as a six-lane divided roadway are 100 feet of half
right-of-way, which is shown on the proposed plat. Access to the site will be via 147th Street (city street),
Johnny Cake Ridge Road (city street) with a roundabout at 149th Street, and one access as a right-in/right-
out access along CSAH 42 into the Menards site (approximately 730 feet from Johnny Cake Ridge Road). The
access spacing guidelines allow for public right-in/right-out access at 1/8th mile spacing if the County
determines that the access improves the overall safety and/or efficiency of the transportation system. The
access spacing guidelines also allow for private right-in/right-out access at 1/8th mile spacing based on
County engineering assessment of the function and use of the private access point in consideration of the
spacing criteria. The proposed plat includes a private right-in/right-out access to accommodate the Menards
site. The Plat Commission prefers the private right-in/right-out access to accommodate all of the
development within this plat. However, the Plat Commission will allow this private access at the time along
CSAH 42 if the access provides sufficient parking lot setback for vehicles leaving the site to enter CSAH 42
without interfering with CSAH 42 travel.
There are two existing accesses along CSAH 42 that will be required to be removed through the permitting
process. Restricted access should be shown along all of CSAH 42 except for the one access opening for the
right turns only access. A quit claim deed to Dakota County for restricted access is required to accompany the
plat mylars at the time of recording.
The Plat Commission has approved the preliminary plat provided that the described conditions are met. The
Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is
made to the County Board of Commissioners.
Traffic volumes on CSAH 42 are 27,400 ADT and are anticipated to be 48,000 ADT by the year 2030.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to
restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat
Commission highly recommends early contact with the Transportation Department to discuss the permitting
process which reviews the design and may require construction of highway improvements, including, but not
limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please
contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat
Commission or Plat Ordinance questions at (952) 891-7070.
Sincerely,
Todd B. Tollefson
Secretary, Plat Commission
c:
DESIGN AGREEMENT
BETWEEN
CITY OF APPLE VALLEY
AND
MENARD, INC.
FOR
MENARDS AT HANSON CONCRETE
This Design Agreement (“Agreement”) is made by and between Menard, Inc., a
Wisconsin corporation (“Menard”), and the City of Apple Valley, a Minnesota municipal
corporation (the “City”).
WHEREAS, Menard has requested and the City has agreed that the City shall design, at
Menard’s sole cost and expense: (1) sanitary sewer and service stubs, water main and service
stubs, storm sewer, streets with concrete curb, concrete sidewalks and bituminous trails to serve
the real property legally described on Exhibit “A” attached hereto and incorporated herein (the
“Property”), which Property is generally depicted on Exhibit “B” attached hereto and
incorporated herein; (2) together with all improvements that are required to be constructed within
that portion of Johnny Cake Ridge Road adjacent to the Property including traffic signalization at
the intersection with County Road 42 and multi-lane roundabout at 149th Street; (3) together with
all required turn lane improvements and signalization that are required to be constructed within
that portion of 147th Street West adjacent to the Property; and (4) together with all
improvements required to be constructed and within that portion of 150th Street West adjacent to
the Property (collectively the "Improvements"); and
WHEREAS, the legal fees incurred by the City for preparing this Agreement and the
engineering fees incurred by the City for designing the Improvements (collectively the “Design
Costs”) are currently estimated to be six hundred and forty-three thousand eighty-five and
no/100 dollars ($643,085.00);
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
1. Subject to the terms of this Agreement, the City shall design the plans and
specifications for the Improvements (collectively the “Plans”).
2. Menard agrees to pay the actual Design Costs as follows:
2
a. The legal fees for preparation of this Agreement shall be billed at the
hourly rates for development work as specified in the City’s fee schedule
in effect when the work is performed.
b. The engineering portion of the Design Costs for the initial, complete set of
Plans shall be six hundred and forty-three thousand eighty-five and no/100
dollars ($643,085.00) and includes required design fees, survey, testing
and contact administration.
c. The additional Design Costs for any Revisions, as hereinafter defined,
shall be billed at the engineering hourly rates as specified in the City’s fee
schedule in effect when the work is performed. A separate or amended
Design Agreement will be required for improvements required at full build
out.
3. Menard shall deposit with the City the sum of six hundred and forty-three
thousand eighty-five and no/100 dollars ($643,085.00) in cash (the “Deposit”) as a deposit
toward the Design Costs. Menard acknowledges that no work will proceed by the City until such
time as the Deposit has been received by the City.
4. The parties acknowledge and agree that, as development progresses,
circumstances and events may necessitate revision of the Plans (“Revisions”). In the event the
City, in its sole discretion, determines that Revisions are necessary:
a. The City shall notify Menard in writing of the Revisions, the
circumstances that necessitate the Revisions, and the anticipated effect of
the Revisions on the Design Costs (“Written Notice”).
b. Menard shall:
i. Deliver to the City written acknowledgement of receipt of the
City’s Written Notice and acceptance thereof.
ii. If the Written Notice states that the Revisions are anticipated to
increase the Design Costs, Menard shall deposit additional cash
with the City to increase the Deposit to cover 100 percent of the
estimated Design Costs. The City shall not be obligated to proceed
with designing the Improvements until such payment is received.
3
5. The City shall apply the Deposit toward payment of the actual Design Costs as the
Design Costs are incurred.
6. After the City completes the Plans, the City shall deliver to Menard a written
statement of the actual Design Costs and the application of the Deposit toward the Design Costs
(the “Statement”). If the Deposit exceeds the Design Costs, the City shall refund the balance to
Menard upon delivery of the Statement. If the Design Costs exceed the Deposit, Menard shall
pay the shortfall to the City within thirty (30) days after receipt of the Statement.
7. Menard represents and warrants to the City that Menard has the right to provide
the City with access to the Property in connection with designing the Improvements, and Menard
hereby authorizes the City to access the Property for such purpose.
8. Menard acknowledges and agrees that (i) development of the Property is subject
to approval by the City, including but not limited to the exercise of the City’s authority over
zoning, subdivision, platting and land use regulation; (ii) Menard’s obligations to pay the Design
Costs to the City are not contingent upon appr ovals by the City; (iii) this Agreement or the
performance thereof by one or both parties shall not affect the City’s consideration of any plans
to develop the Property; and (iv) there may be additional Design Costs to be paid by Menard if
the City requires revision of any plans to develop the Property.
IN WITNESS WHEREOF, the parties have executed this Design Agreement for
Menards at Hanson to be effective as of the date of approval by the City.
Menard Realty, Inc.,
a Wisconsin Corporation
__________________________________
By:
Its:
CITY OF APPLE VALLEY
____________________________________
By: Mary Hamann-Roland
Its: Mayor
_________________________________
By: Pamela J. Gackstetter
Its: City Clerk
EXHIBIT A
A parcel of land located in the East ½ of the Southwest ¼, of Section 26, Township
115, Range 20, Dakota County, Minnesota, more particularly described as follows:
Beginning at the South Quarter Corner of said Section 26; thence North 00
Degrees 05 Minutes 31 Seconds East along the East line of said East ½ of the
Southwest ¼ a distance of 1586.10 feet; thence South 87 Degrees 58 Minutes 20
Seconds West a distance of 829.80 feet; thence South 01 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 10 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
of 2045 feet, bearing South 78 Degrees 54 Minutes 36 Seconds West chord
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 ½ of
the Southwest ¼; thence South 00 Degrees 02 Minutes 52 Seconds East along the
said West line of the East ½ of the Southwest ¼ a distance of 1846.32 feet to the
South line of said East ½ of the Southwest ¼; thence North 89 Degrees 51 Minutes
19 Seconds East along the South line of said East ½ of the South West ¼ 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 (150th St West).
13141516171819202131323+004+00 5+00 6+00 7+00 8+00 9+00
10+
00
11+00 12+00
982984984985AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ '
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ 'AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT PERIMETER 50FT REM 95 SQ FT
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FT
REM 35 SFAREA 15 SFPERIMETER 30 FT
REM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ '
PERIMETER = 30 'AREA = 15 SQ'
REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT
REM 35 SF
AREA 15 SFPERIMETER 30 FT
REM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ '
AREA 26 SQ FTPERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ 'AREA 26 SQ FTPERIMETER 50FT REM 95 SQ FT
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SF
AREA 15 SF
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT REM 35 SFAREA 15 SF AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
PERIMETER 30 FT REM 35 SFAREA 15 SFPERIMETER 30 FT REM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'bmi.tblH:\APVA\_General\2017\JCRR_Design\CAD\MS\figures\Menards Access_03.dgn6:39:12 PMpdf-color.pltcfgjustinsc9/25/2018ROADWAY
CURB/MEDIAN
LEGEND
MENARDS SITE PLAN
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LANDSCAPE
SCALE IN FEET
BIT. TRAIL
CONSTRUCTION
FUTURE
TRAFFIC SIGNAL
CONCRETE WALK
TRAFFIC SIGNAL
(150TH STREET W)CSAH 42149TH STREET W148TH STREET W147TH STREET WJOHNNY CAKE RIDGE ROAD
ROUNDABOUT CONSTRUCTED
TRANSITION TO EXISTING ROAD BEFORE
GRADE SEPARATED PEDESTRIAN CROSSING
B-1
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FTREM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ '
AREA = 40 SQ 'PERIMETER = 70 'REMOVAL = 150 SQ 'AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SFAREA 15 SF
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
AREA 26 SQ FT PERIMETER 50FT REM 95 SQ FT
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FTREM 35 SFAREA 15 SF
PERIMETER 30 FT
REM 35 SFAREA 15 SFPERIMETER 30 FT
REM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ '
PERIMETER = 30 'AREA = 15 SQ'
REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT
REM 35 SF
AREA 15 SFPERIMETER 30 FT
REM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA 26 SQ FTPERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ'
REM = 48 SQ '
PERIMETER = 30 '
AREA 26 SQ FT
PERIMETER 50FT
REM 95 SQ FT
PERIMETER 30 FT
REM 35 SF
AREA 15 SF
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT REM 35 SFAREA 15 SF AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
PERIMETER 30 FTREM 35 SFAREA 15 SF
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 '
AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'bmi.tblH:\APVA\_General\2017\JCRR_Design\CAD\MS\figures\Menards Access_04.dgn6:38:13 PMpdf-color.pltcfgjustinsc9/25/2018ROADWAY
CURB/MEDIAN
LEGEND
MENARDS SITE PLAN
200
LANDSCAPE
SCALE IN FEET
BIT. TRAIL
TRAFFIC SIGNAL
CONCRETE WALK
TRAFFIC SIGNAL
(150TH STREET W)CSAH 42149TH STREET W148TH STREET W147TH STREET WJOHNNY CAKE RIDGE ROAD
ROUNDABOUT CONSTRUCTED
TRANSITION TO EXISTING ROAD BEFORE
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CITY OF APPLE VALLEY
RESOLUTION NO. 2018-___
AMENDMENT TO THE APPLE VALLEY COMPREHENSIVE PLAN 2030 LAND USE MAP
MENARDS AT HANSON CONCRETE
WHEREAS, pursuant to the Metropolitan Land Planning Act of 1976 the City of Apple
Valley is required to prepare a Comprehensive Plan; and
WHEREAS, the City of Apple Valley on January 14, 2010, adopted a plan titled City of
Apple Valley 2030 Comprehensive Guide Plan; and
WHEREAS, Menard, Inc. requested an amendment to the 2030 Land Use Map re-designating
the southwest 19 acres of the East 1/2 of the Southwest 1/4 of Section 26, Township 115 North,
Range 20 West from “IND” (Industrial) to “C” (Commercial);and
WHEREAS, a public hearing on a proposed amendment to the 2030 Land Use Map of the
Land Use Chapter of the Plan was held on November 4, 2015; and
WHEREAS, the Apple Valley Planning Commission failed to recommend approval on
October 19, 2016; and
WHEREAS, the amendment was accepted by the City Council and authorized for submittal to
the Metropolitan Council on February 9, 2017; and
WHEREAS, the amendments were determined by the Metropolitan Council on March 9,
2017, to have no potential impact upon metropolitan system plans; and
WHEREAS, Menard, Inc. made a minor revision and reduced the land area to be re-
designated from “IND” (Industrial) to “C” (Commercial)from 19 acres to 18.4 acres; and
WHEREAS, a public hearing on the proposed revised amendment to the 2030 Land Use Map
of the Land Use Chapter of the Plan was held on July 18, 2018; and
WHEREAS, the Apple Valley Planning Commission recommended approval of the revised
amendment on August 15, 2018; and
WHEREAS, the Metropolitan Council has determined by that the reduction in land area is
insignificant and the concept is the same as the one reviewed in 2017, therefore, they stated in a
correspondence dated August 24, 2018, that additional review by the Council was not necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the amendments to the Apple Valley Comprehensive Guide Plan, as
attached hereto, are hereby adopted.
2
ADOPTED this 15th day of November, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY, MINNESOTA
ORDINANCE NO. ___
AN ORDINANCE AMENDING THE ZONING MAP BY REZONING CERTAIN LAND IN
THE
CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA
WHEREAS, the Planning Commission of the City of Apple Valley held a public hearing
on property described herein on July 18, 2018, as required by City Code Section 155.400(D),
and
WHEREAS, on August 15, 2018, the Planning Commission recommended the rezoning
as hereinafter described.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. The boundaries of the zoning districts established by City Code Section 155.006
are hereby amended by rezoning the following described property located at the northwest
corner of 150th Street West and Johnny Cake Ridge Road from “I-2” (General Industrial) to
“PD” (Planned Development):
A parcel of land located in the East ½ of the Southwest ¼, of Section 26, Township
115, Range 20, Dakota County, Minnesota, more particularly described as follows:
Beginning at the South Quarter Corner of said Section 26; thence North 00 Degrees 05
Minutes 31 Seconds east along the East line of said East ½ of the Southwest ¼ a
distance of 1586.10 feet; thence South 87 Degrees 58 Minutes 20 Seconds West a
distance of 829.80 feet; thence South 01 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 10 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 OF 2045 feet, bearing South 78 Degrees 54
Minutes 36 Seconds West chord 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 ½ of the Southwest ¼; thence South 00 Degrees 02 Minutes 52
Seconds East along the said West line of the East ½ of the Southwest ¼ a distance of
1846.32 feet to the South line of said East ½ of the Southwest ¼; thence North 89
Degrees 51 Minutes 19 Seconds East along the South line of said East ½ of the
Southwest ¼ a distance of 1324.10 feet to the point of beginning there terminating,
being subject to the road Right of Way of Johnny Cake Ridge Road and C.S.A.H. 42
(150th Street West),
as shown by the records of the County Treasurer of said County.
2. This ordinance shall become effective upon its passage and publication.
Passed this 15th day of November, 2018.
_______________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
PROPOSED ZONING MAP AMENDMENT
ZONE 2
ZONE 1
1
ORDINANCE NO. ___
AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE BY
ADDING ARTICLE A__ FOR
PLANNED DEVELOPMENT DESIGNATION NO. ___
The City Council of Apple Valley Ordains:
Section 1. That the official zoning map be amended to include under Planned Development
Designation No. ___:
Zone 1: Lot 1, Block 1, Menards at Hanson Concrete, according to the preliminary
plat
Zone 2: Lot 2, Block 1, and Outlots A and B, Menards at Hanson Concrete,
according to the preliminary plat
Section 2. That the Code of Ordinances be amended by adding Section A__-1, A__-2,
A__-3, A__-4, A__-5, and A__-6, as follows:
§ A__-1 PURPOSE
The purpose of this article is to establish specific performance standards in compliance with
§ A155.260 for property designated by Ordinance No. ___on the official zoning map. The purpose
of this zone is to provide for an integrated mix of retail and general business, and limited industrial
uses.
§ A__-2 PERMITTED USES.
(A) Zone 1. Within this this zone, no structure or land shall be used except for one or
more of the following uses deemed similar by the City Council:
(1) Building materials supply/home improvement store; and
(2) Garden sales center.
(B) Zone 2. Within this this zone, no structure or land shall be used except for one or
more of the following uses deemed similar by the City Council:
(1) Conducting a process, fabrication, storage, manufacturing or wholesaling
operation;
(2) Contractor’s office, outdoor storage subject to a conditional use;
(3) Data center;
2
(4) On-sale wine, and/or 3.2% liquor in conjunction with an event
center/banquet facility;
(5) Health and fitness club, when located in a freestanding building;
(6) Manufacturing related to aerospace, medical device, and pharmaceutical
industries;
(7) Medical reference and diagnostic laboratories;
(8) Offices;
(9) Research or testing laboratory conducted entirely in the building;
(10) Restaurants, Class I only;
(11) Small brewery and micro distillery;
(12) Trade school; and
(13) Warehousing or wholesale businesses when conducted within a building.
Office/warehouse combination is permitted when office space does not exceed 30% of the total
floor area.
§ A__-3 PERMITTED CONDITIONAL USES.
(A) Zone 1. Within this this zone, no structure or land shall be used except for one or
more of the following uses deemed similar by the City Council, except by conditional use:
(1) Towers as regulated in § 155.385.
(B) Zone 2. Within this this zone, no structure or land shall be used except for one or
more of the following uses deemed similar by the City Council, except by conditional use:
(1) Fleet vehicle operations storage and maintenance facility;
(2) On-sale malt liquor in conjunction with a brewery; on-sale distilled spirts in
conjunction with a micro distillery cocktail room; or off-sale malt liquor from the premises of and
in conjunction with a small brewery or off-sale distilled spirits in conjunction with a micro
distillery. The parking requirements as set forth in this Code for restaurant uses shall apply and be
met on the subject site for the brewer taprooms and micro distillery cocktail rooms. A brewer
taproom and a micro distillery cocktail room shall not exceed 30% of the total floor area of the
brewery or micro distillery with which each is respectively operated;
(3) On-sale liquor;
(4) Outdoor research or testing facilities;
3
(5) Outdoor storage of vehicles and materials in conjunction with a permitted
use; and
(6) Towers as regulated in § 155.385.
§ A__-4 PERMITTED ACCESSORY USES.
(A) Zone 1. Within this this zone, no structure or land shall be used except for one or
more of the following uses deemed similar by the City Council:
(1) Building materials warehouse in conjunction with a building materials/home
improvement store and garden center;
(2) Outdoor sales/storage yard in conjunction with a building materials/home
improvement store and garden center; subject to the following requirements:
(a) A minimum 15-foot wide yard abutting the public right-of-way shall
be landscaped.
(b) All the sales/storage yard area shall be paved.
(c) All sales/storage areas shall be screened by means of an opaque
fence constructed with a combination of treated wood and brick and shall be a minimum to 14-
feet in height.
(d) The sales/storage yard shall be constructed according to a grading
plan approved by the City Engineer.
(e) The outdoor lighting system for the sales/storage yard shall be so
designed that no direct source of light is visible from the public right-of-way or adjacent land.
(f) A site plan for the sales/storage yard area, showing ingress and
egress, building locations, fencing and any other necessary features required to understand the
operation, shall be reviewed by the Planning Commission and City Council.
(3) Propane fuel sales in conjunction with a building materials/home
improvement store and garden center;
(4) Buildings temporarily located for purposes of construction on the premises
for a period not to exceed the time necessary to complete the construction;
(5) Off-street parking, refuse storage, and loading bays, as regulated in the
zoning chapter; and
(6) Essential public services facilities provided all yard requirements are met.
(B) Zone 2. Within this zone, the following uses or uses deemed similar by the City
Council shall be permitted:
4
(1) Buildings temporarily located for purposes of construction on the premises
for a period not to exceed the time necessary to complete the construction;
(2) Outdoor dining area, subject to the regulations set forth in this chapter or
an outdoor patio in conjunction with a brewer taproom or micro distillery cocktail room, which
shall be subject to the regulations applicable to outdoor dining area and included in the 30% floor
area restriction for a brewer taproom or micro distillery cocktail room under a conditional use
permit issued hereunder;
(3) Outdoor dining area, subject to the regulations set forth in this chapter or
an outdoor patio in conjunction with a Class I restaurant;
(4) Off-street parking, refuse storage, storage garage or building and loading
bays, as regulated in the zoning chapter;
(5) Storm water ponding area;
(6) Trails and open space; and
(7) Essential public services facilities provided all yard requirements are met.
5
§ A __-5 MINIMUM AREA STANDARDS AND REQUIREMENTS.
(A) The following minimum area standards and requirements shall be met and no
improvements shall be placed on such lands unless the lands to be used or improved shall meet
the following area and dimensional requirements:
(1) Table of minimum area requirements and standards.
Requirements Zone 1 Zone 2
Lot Dimensions
Lot area (square feet) 300,000 40,000
Lot width (feet) 300 200
Building Setbacks (feet)
Along principal or arterial streets 50 50
Along collector streets 40 40
Along all other streets 40 30
Along private streets or drives 8* 25*
Side lot line 15 10
Rear lot line 15 20
Accessory Building and Storage Yard Setbacks
(feet)
Along local streets 15 -
Along private streets or drives 15* -
Parking Setbacks (feet)
Along all streets 15 20
Along all private streets or drives 5 20
Side or rear lot line 5 5
Driveway setback from principal or arterial street 270 270
Maximum Building Coverage
Coverage of lot (percent) 35 30
Maximum Building Height (feet) 45 45
*Setback shall be measured from the back of the curb along a private street or drive.
6
(2) Maximum impervious surface, see § 155.350.
(3) Screening, see § 155.348.
(4) Landscaping, see § 155.349.
(5) Parking, see §§ 155.370 through 155.379.
(6) Signage shall be in accordance with Chapter 154 of the City Code of
Ordinances, except that the foundation or support structure of a freestanding sign must be
completely enclosed, and such an enclosure shall match the exterior construction materials of the
primary building with which it is associated and serves to identify.
§ A__-6 SPECIAL PERFORMANCE STANDARDS.
(A) Design elements. The following design elements shall be incorporated into the
planned development to assure an overall sense of harmony.
(1) Enhancement of the pedestrian friendly environment by providing access
from sidewalks into and throughout the area, between buildings and across parking areas where
appropriate.
(2) Wherever a surface parking area faces a street frontage, such frontage shall
be screened with landscaping elements.
(3) All refuse, recyclable materials, and equipment for handling them,
including compactors, shall be totally screened from eye-level view from public streets and
adjacent properties, whether in the front, side or rear, either by being stored within the principal
structure, totally screened from view by the principal building, or stored within an accessory
structure enclosed by a roof, and readily served through single or double doors, or an overhead
door on tracks.
(4) Loading docks shall not be located in the front, and shall be screened from
eye-level view of public streets by means of landscaping that is at least 80% opaque within two
years, by walls of the principal building, or screen walls of the same materials and colors as the
principal building.
(5) Any screening, fences or walls shall be constructed of a combination of
wood or wood composite materials and masonry material similar to and complimentary to the
primary building material and architecture.
(6) Lots having parking areas with 15 or more parking spaces shall provide
parking for bicycles near building entries, but without encroaching into pedestrian walkways.
(B) Building design and materials. The goal of these guidelines is to assure that all
areas present an architectural appearance that is visually compatible and complementary in use of
building form, design and materials. Design elements of buildings should include the following
elements:
7
(1) All exterior vertical surfaces of all buildings shall be treated as a front and
have an equally attractive or same façade; with the exception of exterior vertical surfaces of
buildings in Zone 1 that are appropriately screened by storage/sales yard fencing.
(2) Primary exterior building materials shall consist primarily of brick, stone,
or color-impregnated decorative block.
(3) Secondary materials may include coated or anodized, non-reflective, glare-
free finished metal, integrally colored EFIS, or color-impregnated, fiber-cement siding.
(4) Accent finishes, such as brick piers, metal panels, and such shall be
wrapped around walls that are visible from a public street or open space.
(C) Landscaping. The goal of these standards is to assure that all areas present a
landscaped appearance that is compatible with adjacent areas. Landscape plans shall be prepared
by a landscape architect registered and incensed in the state, and shall include the following
design elements:
(1) Provide screening for undesirable views.
(2) Compliment the architectural form of the building.
(3) Soften the visual impact of large paved areas.
(4) Mitigate the impacts of lighting or other negative influences.
(5) All cart storage corrals in the parking areas in Zone 1 shall be incorporated within
a landscaped island, paved with concrete, having a concrete barrier curb around the edge, and
concrete barrier curbs that delineate the cart storage lanes. Signage indicating the location of the
cart corrals may be affixed to a single pipe rail located at the halfway point of the cart storage
lanes. No signage advertising products or stores shall be allowed in the cart storage corral area.
8
Section 3. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. “----", a copy of which is attached hereto,
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the intent
and effect of the ordinance.
Section 4. Filing. The City Clerk shall file a copy of this ordinance in her office, which
copy shall be available for inspection by any person during regular office hours.
Section 5. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the
ordinance is available for inspection by any person during regular office hours at the office of the
City Clerk.
Section 6. Effective date. This ordinance shall take effect upon its passage and publication
of its title and official summary.
PASSED by the City Council this 15th day of November, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
9
CITY OF APPLE VALLEY
ORDINANCE NO. ___
AN ORDINANCE AMENDING APPENDIX A
OF THE CITY CODE OF ORDINANCES
The following is the official summary of Ordinance No. ___ approved by the City Council
of Apple Valley on October 25, 2018.
The Code of Ordinances is amended by adding Article A__ establishing planned
development zoning district number ___. This amendment provides for (describe uses
in general) and creates performance standards regulating building size and bulk,
setbacks, and appearance. The overall district is bounded by 147th Street West on the
north, Johnny Cake Ridge Road on the east, CSAH 42 on the south and the Magellan
Pipeline Co. petroleum tank farm; containing approximately 43.58 acres of land.
A printed copy of the ordinance is available for inspection by any person during regular
office hours at the office of the City Clerk at the Apple Valley City Hall, 14200 Cedar Avenue
South, Apple Valley, Minnesota 55124.
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 -
PRELIMINARY PLAT APPROVAL
MENARDS AT HANSON CONCRETE
WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as
Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and
WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held a
public hearing on an application for subdivision of land by plat on July 18, 2018; and
WHEREAS, the City Planning Commission reviewed the preliminary plat for conformance
with the standards of Chapter 153 of the City Code and made a recommendation regarding its
approval on August 15, 2018, subject to conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the preliminary plat for the following described plat of land is
hereby approved for a two-year period, to wit:
MENARDS AT HANSON CONCRETE
BE IT FURTHER RESOLVED, that said preliminary plat approval is subject to the
appropriate amendment to the City’s Comprehensive Plan Map and rezoning, which must be
completed prior to final plat approval.
BE IT FURTHER RESOLVED, that said preliminary plat approval is subject to the approval
of Dakota County due to the adjacent county highway (CSAH 42) under its jurisdiction.
BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said
preliminary plat approval is subject to the following conditions, which shall be incorporated into a
subdivision agreement to be considered for approval at the time of submission of the request for
final plat approval:
1. The plat shall be configured to have two (2) lots and two (2) outlots.
2. Park dedication requirements are based upon the City’s finding that the use on
Lot 1 will generate a need for 1.2 acres of parkland in accordance with adopted
City standards for park services. This required dedication shall be satisfied by a
cash-in-lieu of land contribution based on 1.2 acres of needed land area at a
benchmark land value of $265,000 per acre, which the City reasonably
determines that it will need to expend to acquire land elsewhere in order to
provide the necessary park services as a result of this subdivision.
3. Park dedication requirements for Lot 2, and Outlots A and B will be determined
at the time of their replatting and/or approval of development proposals.
2
4. Storm water pond dedication requirements shall be provided in accordance with
adopted City standards for storm water management. This dedication shall be
satisfied by a land contribution within the subdivision as determined by the City
Engineer.
5. The dedication of drainage and utility easements according to the preliminary
plat, which is the land the City, reasonably determines that it will need in order
to provide the necessary storm water management as a result of this
subdivision.
6. Dedication on the final plat of a ten-foot (10') wide easement for drainage,
utility, street, sidewalk, street lights, and tree plantings along the entire
perimeter of lots within the plat wherever abutting public road right-of-ways.
7. Dedication on the final plat of a five-foot (5') wide drainage and utility
easement along all common lot lines.
8. Dedication of a drainage and utility easement, 30 feet wide, over and across the
storm sewer line from Catch Basin Manhole-5 to Storm Sewer Manhole-6 as
identified on the storm sewer plan, dated August 27, 2018.
9. Dedication of a drainage and utility easement, 20-feet wide, over and across the
watermain line from the intersection of Street A to the intersection of the
parking lot drive and CSAH 42.
10. Installation of municipal sanitary sewer, water, storm sewer, and street
improvements as necessary to serve the plat, constructed in accordance with
adopted City standards, including the acquisition of any necessary easements
outside the boundaries of the plat which are needed to install connections to
said necessary improvements. The Developer shall enter into an agreement with
the City for payment of the design of said municipal improvements.
11. Installation of pedestrian improvements in accordance with the City's adopted
Trail and Sidewalk Policies, to consist of concrete sidewalks and/or bituminous
pathways along Street A and the west side of Johnny Cake Ridge Road.
12. Submission of a final grading plan and lot elevations with erosion control
procedures, to be reviewed and approved by the City Engineer. The applicant
shall also submit a copy of the of the General Storm Water Permit approval
from the Minnesota Pollution Control Agency pursuant to Minnesota Rules
7100.1000 - 7100.1100. regarding the State NPDES Permit prior to
commencement of grading activity.
13. Installation of City street trees on boulevard areas of public street right-of-ways,
in accordance with approved species, size, and spacing standards.
3
14. Dedication of one-foot (1') wide easements, which restrict direct driveway
access to 147th Street West, Johnny Cake Ridge Road and Street A except at
locations as indicated on the preliminary plat.
15. Dedication of a one-foot (1') wide easement, which restrict direct driveway
access to CSAH 42 (150th Street West) except at the location as indicated on
the preliminary plat.
16. The developer shall be responsible to relocate the Great River Energy
transmission lines outside of the right-of-way for Johnny Cake Ridge Road as
shown to be dedicated on the final plat, at no cost to the City.
17. Prior to recording of the final plat, the developer shall be responsible to either
obtain the release of the existing 26-foot wide Great River Energy transmission
line easement (Document No. 1297596) or provide evidence and security
satisfactory to the City that the transmission line shall be relocated in a timely
manner to a new easement area outside of the right-of-way for Johnny Cake
Ridge Road as shown to be dedicated on the final plat, at no cost to the City.
18. The developer shall provide the City with evidence of a non-exclusive cross
access easement, which must provide access from Lots 1 and 2 of the Menards
at Hanson Concrete addition. The easement must contain a provision that it
cannot be terminated by any party without approval by the City. The easement
must be reviewed by the City Attorney and the developer must record the
document with the final plat.
19. Installation of a public (or private) street lighting system, constructed to City
and Dakota Electric Company standards.
20. The developer shall obtain authorization from Dakota County to connect a
driveway to CSAH 42, including construction of a right-turn lane within the
CSAH 42 right-of-way.
21. The final plat shall dedicate the necessary right-of-way for the following streets:
i. 147th Street West, including sufficient right-of-way for a right turn
lane at the Street A intersection.
ii. Street A right-of-way.
iii. The north 100 feet of CSAH 42.
iv. Johnny Cake Ridge Road, from 147th Street West to CSAH 42,
including sufficient right-of-way for turn lanes at the CSAH 42
Intersection, a roundabout intersection at 149th Street West, and turn
lanes at 147th Street West.
22. Prior to release of the final plat for recording, the Developer shall enter into a
cost participation agreement, to include letters of credit and assessment
allocations, with the City in a form acceptable to the City Attorney allocating
4
the cost of design and installation of all roadway and utility improvements
including:
i. A new traffic signal at the intersection of 147th Street West and
Johnny Cake Ridge Road.
ii. Replacement of the existing traffic signal at CSAH 42 and Johnny
Cake Ridge Road.
23. Construction shall be limited to the hours of 6:00 a.m. to 10:00 p.m. Monday
through Friday. Weekend construction hours shall be limited to 7:00 a.m. to
5:00 p.m. Saturday only.
24. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m.
Monday through Friday.
25. The City receives a hold harmless agreement in favor of the City as drafted by
the City Attorney and incorporated into the subdivision agreement.
ADOPTED this 15th day of November, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
N0°05'31"E 1586.10 S87°58'20"W 829.80S1°30'02"W 130.74N88°07'51"W 186.54N7°15'43"E67.83N62°51'56"E78.22N12°10'22"E 420.37 L=386.19R=2045.00Δ=10°49'13"CHB=S78°54'36"WCH=385.62S0°02'52"E 1846.32N89°51'19"E 1324.10JOHNNY CAKE RIDGE RD.150TH ST. W.UPPER 147TH ST. WESTΔLOT 1BLOCK 1LOT 2OUTLOT A
OUTLOT BSTREET ASTREET AΔΔΔΔΔDWN BY:ISSUE DATE:PROJECT NO.:1619-0024M:\1619\0024\cad\4_SURVEY\CAD\1619-0024 Prepla_v2.dwg
DESCRIPTION:DATE:ISSUE NO.:08/27/20183ISSUE NO.:
06/15/2018 CITY SUBMITTAL 1SHEET NO.:SHEET TITLE:10/30/2018 11:17:16 AM
SUB CONSULTANT:CLIENT:MENARD, INC.MENARD'S AT
HANSON CONCRETE
APPLE VALLEY, MINNESOTA
PROJECT TITLE:RAGCHK'D BY:JTWAPP'D BY:JTW1800 PIONEER CREEK CENTERMAPLE PLAIN, MN 55359PHONE: 763-479-4200FAX: 763-479-4242WWW.WENCK.COM08/01/2018 CITY COMMENTS 2
08/27/2018 CITY COMMENTS 3 PRELIMINARY PLAT OFTHE SUBJECT PROPERTY ADDRESS:6055 150TH ST WAPPLE VALLEY MN 55124THE PROPERTY IDENTIFICATION NUMBER:01-02600-51-020PRESENT ADDRESSESA PARCEL OF LAND LOCATED IN THE EAST 1/2 OF THE SOUTHWEST 1/4, OF SECTION 26,TOWNSHIP 115, RANGE 20, DAKOTA COUNTY, MINNESOTA, MORE PARTICULARLY DESCRIBEDAS FOLLOWS:BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 26; THENCE NORTH 00DEGREES 05 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF SAID EAST 1/2 OF THESOUTHWEST 1/4 A DISTANCE OF 1586.10 FEET; THENCE SOUTH 87 DEGREES 58 MINUTES 20SECONDS WEST A DISTANCE OF 829.80 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 02SECONDS WEST A DISTANCE OF 130.74 FEET; THENCE NORTH 88 DEGREES 07 MINUTES 51SECONDS WEST A DISTANCE OF 186.54 FEET; THENCE NORTH 07 DEGREES 15 MINUTES 43SECONDS EAST A DISTANCE OF 67.83 FEET; THENCE NORTH 62 DEGREES 51 MINUTES 56SECONDS EAST A DISTANCE OF 78.22 FEET; THENCE NORTH 12 DEGREES 10 MINUTES 10SECONDS EAST A DISTANCE OF 420.37 FEET TO THE CENTERLINE OF AN EASEMENTACQUISITION AGREEMENT RECORDED AS DOCUMENT NO. 2820793; THENCE ALONG SAIDCENTERLINE 386.19 FEET ALONG THE ARC OF A CURVE CONCAVE SOUTHERLY HAVING ARADIUS OF 2045 FEET, BEARING S78° 54 ' 36"W CHORD DISTANCE OF 385.62; THENCE ALONGSAID CENTERLINE S73 DEGREES 30 MINUTES 00 SECONDS WEST A DISTANCE OF 101.63 FEETTO THE WEST LINE OF THE SAID EAST 1/2 OF THE SOUTHWEST 1/4; THENCE SOUTH 00DEGREES 02 MINUTES 52 SECONDS EAST ALONG THE SAID WEST LINE OF THE EAST 1/2 OFTHE SOUTHWEST 1/4 A DISTANCE OF 1846.32 FEET TO THE SOUTH LINE OF SAID EAST 1/2 OFTHE SOUTHWEST 1/4; THENCE NORTH 89 DEGREES 51 MINUTES 19 SECONDS EAST ALONGTHE SOUTH LINE OF SAID EAST 1/2 OF THE SOUTHWEST 1/4 A DISTANCE OF 1324.10 FEET TOTHE POINT OF BEGINNING THERE TERMINATING. BEING SUBJECT TO THE ROAD RIGHT OFWAY OF JOHNNY CAKE RIDGE ROAD AND C.S.A.H. 42 (150TH ST WEST).LEGAL DESCRIPTION OF PROPERTY TO BE PLATTEDPLATTED AREAS LOT 1, BLOCK 1 = 985,180 S.F. OR 22.62 ACRES ±LOT 2, BLOCK 1 = 165,641 S.F. OR 3.80 ACRES ±OUTLOT A = 46,434 S.F. OR 1.07 ACRES ±OUTLOT B = 550,731 S.F. OR 12.64 ACRES ±STREET 'A' RIGHT-OF-WAY = 150,515 S.F. OR 3.45 ACRES ±JCRR = 93,574 S.F. OR 2.15 ACRESCR 42 = 30,835 S.F. OR 0.71 ACRESTOTAL = 2,022,910 OR 46.44 ACRESWENCK ASSOCIATES,1800 PIONEER CREEK CENTER,MINNETONKA, MNGARY BJORKLUND, MN.LICENSE NUMBER 46563LAND SURVEYOROCTOBER 29, 2018DATE OF PRELIMINARY PLAT ZONINGPROPERTY IS ZONED I-1 GENERAL INDUSTRIAL ACCORDING TO CITY OFFICIAL ZONING MAPSEE SITE PLAN FOR ZONING AND SETBACK INFORMATIONTAXPAYER / PROPERTY OWNERMENARDS INC.CORPORATE ACCOUNTING5101 MENARD DR PO BOXEAU CLAIRE WI 54703MENARDS AT HANSON CONCRETELEGEND
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-___
A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT
FOR MENARD, INC. AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the
City; and
WHEREAS, said regulations provide that issuance of a building permit for commercial,
industrial, and multiple residential uses require the specific review and approval of development
plans by the Apple Valley Planning Commission and City Council; and
WHEREAS, approval of such a building permit issuance has been requested for the above
referenced project; and
WHEREAS, the Apple Valley Planning Commission has reviewed the development plans
and made a recommendation as to their approval at a public meeting held on August 15, 2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the issuance of a building permit for Menard, Inc. is hereby
authorized, subject to all applicable City Codes and standards, and the following conditions:
1. If the Building Permit is not paid for and issued within one (1) year of the date of
approval, the approval shall lapse.
2. The Building Permit shall be applicable to property identified as Lot 1, Block 1,
Menards at Hanson Concrete, according to the preliminary plat. Approval and
issuance of a building permit shall subject to the recording of the final plat and
associated documents with Dakota County.
3. Approval and issuance of a permit is subject to completion of the amendment to the
2030 Comprehensive Plan Land Use Map re-designating Lot 1, Menards at Hanson
Concrete from “IND” (Industrial) to “C” (Commercial).
4. Approval and issuance of a permit is subject to completion rezoning of the property
from “I-2” to “PD” (Planned Development).
5. Issuance of a building permit shall be subject to the recording with the final plat a cross
access easement to allow unrestricted access between the two lots in the Menards at
Hanson Concrete addition. The easement must contain a provision that it cannot be
terminated by any party without approval by the City. The easement must be reviewed
2
by the City Attorney and the developer must record the document with the final plat
prior to issuance of a building permit.
6. Construction shall occur in conformance with the site plan dated August 27, 2018,
including parking lot paving and a non-surmountable concrete curb and gutter
around the entire perimeter with a minimum driveway approach radius of 15' at each
public street, and a valley gutter at the edge of the street pavement.
7. Construction shall occur in conformance with the landscape plans dated August 1,
2018 and August 24, 2018, (including sodded/seeded public boulevard area up to
each street curbline); subject to the addition of landscaping that shall include a mix
of deciduous and coniferous trees along the west property.
8. Issuance of a building permit shall be subject to the submission of a detailed
landscape planting price list for verification of the City’s 2½% landscaping
requirement at the time of building permit application.
9. Construction shall occur in conformance with the elevation plan dated August 16,
2018.
10. Site grading shall occur in conformance with a Natural Resources Management Plan
(NRMP) which shall include final grading plan to be submitted for review and
approval by the City Engineer; subject to the applicant submitting a copy of the
General Storm Water Permit approval from the Minnesota Pollution Control
Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100 regarding the State
NPDES Permit prior to commencement of grading activity.
11. A minimum 16.5-foot buffer zone shall be established around all storm water
ponding areas.
12. Construction shall occur in conformance with the site photometric plan dated
August 21, 2018. Any site lighting shall consist lighting fixtures or wallpacks that
will confine the light to the property.
13. Approval of a signage plan is not included with this site plan and building permit
authorization. A separate application and signage plan in conformance with the sign
regulations must be submitted for review and approval to the City prior to the
erection of any signs.
14. Construction shall be limited to the hours of 6:00 a.m. to 10:00 p.m. Monday
through Friday. Weekend construction hours shall be limited to the hours of 8:00
a.m. to 5:30 p.m. Saturday only.
15. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m. Monday
through Friday.
3
16. Earthmoving activities shall not occur when wind velocity exceeds thirty (30) miles
per hour. Watering to control dust shall occur as needed and whenever directed by
the Apple Valley Building Official or Zoning Administrator.
17. Issuance of a building permit shall be contingent on obtaining the release of the
existing 26-foot wide Great River Energy transmission line easement (Document
No. 1297596) or providing evidence and security satisfactory to the City that the
transmission line shall be relocated in a timely manner to a new easement area
outside of the right-of-way for Johnny Cake Ridge Road as shown to be dedicated
on the final plat, at no cost to the City.
18. Issuance of a Building Permit and a final certificate of occupancy is contingent upon
the construction of Street A to directly serve the property within the development
area and the following street improvements in accordance with City standards and
requirements:
i. An eastbound right turn lane at the 147th Street West and Street A
intersection.
ii. Additional turn lanes at the intersection Johnny Cake Ridge Road and
CSAH 42.
iii. A multi-lane roundabout intersection at 149th Street West.
iv. Turn lanes on Johnny Cake Ridge Road at the intersection of 147th
Street West.
v. A westbound right turn lane at the intersection of CSAH 42 and the
driveway into the parking lot on Lot 1, Menards at Hanson Concrete
according to the preliminary plat.
vi. Installation of new traffic signal at the intersection of 147th Street
West and Johnny Cake Ridge Road.
vii. Replacement of the existing traffic signal at CSAH 42 and Johnny
Cake Ridge Road.
19. Issuance of a Building Permit and a final certificate of occupancy is contingent upon
the project being constructed in conformance with all the preceding conditions as
well as all applicable performance standards of the current zoning regulations. In
the event that a certificate of occupancy is requested prior to completion of all
required site improvements, a suitable financial guarantee in the amount of 125% of
the estimated cost of the unfinished improvements shall be required along with an
agreement authorizing the City or its agents to enter the premises and complete the
required improvements if they are not completed by a reasonably stipulated
deadline, with the cost of such City completion to be charged against the financial
guarantee.
4
20. The ongoing use and occupancy of the premises is predicated on the ongoing
maintenance of the structure and all required site improvements as listed in the
preceding. No alteration, removal, or change to the preceding building plans or
required site improvements shall occur without the express authorization of the City.
Site improvements that have deteriorated due to age or wear shall be repaired or
replaced in a timely fashion.
BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of
the construction plans with the Minnesota State Building Code, as determined by the Apple Valley
Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple
Valley Fire Marshal.
ADOPTED this 15th day of November, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
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L=386.19R=2045.00ǻ=1049'13"CHB=S7854'36"WCH=385.626
(1
(JOHNNY CAKE RIDGE RD.150TH ST. W.UPPER 147TH ST. WESTLOT 1BLOCK ONELOT 2OUTLOT AO
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OUTLOT CSTREET ASTREET AOUTLOT D
147TH ST. W.CR 42 (150TH ST. W.)JOHNNY CAKE RIDGE ROAD
148TH ST. W.PRIVATE149TH ST. W.PRIVATEOUTLOT BOUTLOT AOUTLOTCSTREETALOT 2STREET AOWNED BY OTHERSLOT 1WAREHOUSEFFE=985.50MENARD'S BUILDINGFFE=986.00®POND (WVR P55.1)NWL=965.50HWL=979.66POND (WVR 55.2)NWL=970.00HWL=976.20OUTLOT D®985985983984POND (WVR 55.2)NWL=970.00HWL=975.22POND (WVR P55.1)NWL=969.50HWL=980.91HY DHYDHYDHYDHYDHYD HY DHYDHYD98598598398398471 LF OF 6" PVC @ 2.00%241 LF OF 8" PVC @ 1.00%274 LF OF 8" PVC @ 1.00%255 LF OF 8" PVC @ 0.40%192 LF OF 8" PVC @ 0.40%227 LF OF 8" PVC @ 0.40%193 LF OF 8" PVC @ 2.85%45 LF OF 8" PVC @ 0.50%110 LF OF 8" PVC @ 0.50%20 LF OF 8" PVC @ 0.50%S MH 5RIM=981.82W INV=970.89E INV=970.89S MH 4RIM=982.78S INV=971.66E INV=971.66S MH 1RIM=984.50N INV=977.83E INV=977.83S MH 2RIM=984.24W INV=975.42E INV=975.42S MH 3RIM=983.98W INV=972.68N INV=972.68S MH 6RIM=984.73N INV=971.03W INV=969.13E INV=969.03S MH 7RIM=984.26N INV=976.63S INV=976.5320' D&U EASEMENT30' D&U EASEMENT6" SAN SERVICEINV. EL. 979.268" HIGH PRESSUREFIRE LINECONNECT TO EXISTINGWATERMAINCAUTION GASMAIN CROSSING6" HYDRANTAND GATE VALVE6" HYDRANTAND GATE VALVE6" HYDRANTAND GATE VALVE6" HYDRANTAND GATE VALVE6" PVC SERVICE8" PVC SERVICE10" PVC WATERMAIN6" HYDRANTAND GATE VALVE6" HYDRANTAND GATE VALVECONNECT TO EXISTINGWATERMAIN8" PVC WATERSERVICE6" HYDRANTAND GATE VALVE8" PVC SERVICECONNECT TOEXISTINGWATERMAINCONNECT TOEXISTINGMANHOLERIM=988.38INV=969.99 (APPROX.)VERIFY LOCATION ANDELEVATION IN THE FIELDPRIOR TO CONSTRUCTION11.25° BEND10"x8" CROSS22.5° BEND22.5° BEND22.5° BEND45° BEND11.25° BEND11.25° BEND10"x10" TEE10" PVC WATERMAINCAUTION GASMAIN CROSSINGOUTLOT A COVEREDBY D & U EASEMENTCAUTION GAS MAIN CROSSINGD & U EASEMENTD & U EASEMENT30' TRANSMISSION LINEEASEMENT10' D&U EASEMENT (TYP.)10' D&U EASEMENT (TYP.)CONNECT TOEXISTING MANHOLEINV=968.93(APPROX.)FIELD VERIFYLOCATION ANDINVERT PRIOR TOCONSTRUCTIONPROVIDE 12" MIN.VERTICALSEPARATION ATCROSSING.42" RCP INV=971.34(APPROX.)8" PVC INV=976.77WARNING:THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALLCOOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND/OR RELOCATION OF LINES.THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FORTHE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIEDSTRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURINGCONSTRUCTION AT NO COST TO THE OWNER.TWIN CITY AREA: 651-454-0002TOLL FREE 1-800-252-1166CALL BEFORE YOU DIGDWN BY:ISSUE DATE:PROJECT NO.:1619-0024M:\1619\0024\cad\5_DESIGN\1_CAD\3 PLANSHEETS\C-401 Utility Plan.dwg
DESCRIPTION:DATE:ISSUE NO.:08/27/20183ISSUE NO.:
06/15/2018 CITY SUBMITTAL 1SHEET NO.:SHEET TITLE:8/27/2018 9:00:25 AM
SUB CONSULTANT:CLIENT:MENARD, INC.MENARD'S AT
HANSON CONCRETE
APPLE VALLEY, MINNESOTA
PROJECT TITLE:RAGCHK'D BY:JTWAPP'D BY:JTW1800 PIONEER CREEK CENTERMAPLE PLAIN, MN 55359PHONE: 763-479-4200FAX: 763-479-4242WWW.WENCK.COM08/01/2018 CITY COMMENTS 2
08/27/2018 CITY COMMENTS 3FIG. 1FIRE HYDRANTSPACING - 450' RADIUSPROPERTY LINEUTILITY LEGENDSETBACK LINEEASEMENT LINEEXISTING SANITARY SEWEREXISTING STORM SEWEREXISTING SANITARY STRUCTUREPROPOSED SANITARY SEWERPROPOSED WATERMAINEXISTING WATERMAINPROPOSED SANITARY SEWER MANHOLEHYD
PROPOSED HYDRANT / VALVEUTILITY NOTES1.ALL FILL MATERIAL IS TO BE IN PLACE, AND COMPACTED BEFOREINSTALLATION OF PROPOSED UTILITIES.2.SANITARY SEWER PIPE SHALL BE AS FOLLOWS:2.1.8" PVC SDR35 PER ASTM D3034, PIPES LESS THAN 20' DEEP2.2.8" PVC SDR26 PER ASTM D3034, PIPES GREATER THAN 20' DEEP2.3.6" AND SMALLER PVC SCHEDULE 403.WATER LINES SHALL BE AS FOLLOWS:3.1.6" AND LARGER PVC AWWA C-900 PER ASTM D22413.2.6" AND LARGER DIP CLASS 52 PER AWWA C1503.3.3.3.SMALLER THAN 6" COPPER TUBE TYPE "K" PER ANSI 816.22 ORPVC 200 P.S.I. PER ASTM D1784 AND D22414.DUCTILE IRON PIPE SHALL BE ENCASED WITH A POLYETHYLENE FILMCONFORMING TO ASTM D1248-889.5.ALL WATER JOINTS ARE TO BE MECHANICAL JOINTS WITH THRUSTBLOCKING AS CALLED OUT IN DETAILS.6.CONTRACTOR SHALL MAINTAIN A MINIMUM OF 7'-6" COVER ON ALLWATERLINES.7.ALL UTILITIES SHOULD BE KEPT TEN FEET (10') APART (PARALLEL) ORWHEN CROSSING 24" VERTICAL SEPARATION CLEARANCE (OUTSIDEEDGE OF PIPE TO OUTSIDE EDGE OF PIPE).8.IN THE EVENT OF A VERTICAL CONFLICT BETWEEN WATER LINES,SANITARY LINES, STORM LINES AND GAS LINES (EXISTING ANDPROPOSED), THE SANITARY LINE SHALL BE SCH. 40 OR C900 ASALLOWED BY CODE WITH MECHANICAL JOINTS AT LEAST 10 FEET ONBOTH SIDES OF CROSSING, THE WATER LINE SHALL HAVEMECHANICAL JOINTS WITH APPROPRIATE THRUST BLOCKING ASREQUIRED TO PROVIDE A MINIMUM OF 18" OF CLEARANCE. MEETINGREQUIREMENTS OF ANSI A21.10 OR ANSI 21.11 (AWWA C-151) (CLASS50).9.ALL CONCRETE ENCASEMENTS SHALL HAVE A MINIMUM 28 DAYCOMPRESSION STRENGTH AT 3000 P.S.I.10.LINES UNDERGROUND SHALL BE INSTALLED, INSPECTED, ANDAPPROVED PRIOR TO BACKFILLING.11.TOPS OF EXISTING MANHOLES SHALL BE SET FLUSH WITHPROPOSED PAVEMENT ELEVATIONS, AND TO BE FLUSH WITHFINISHED GROUND ELEVATIONS, IN GREEN AREAS, WITHWATERTIGHT LIDS.12.EXISTING UTILITIES SHALL BE VERIFIED IN FIELD PRIOR TOINSTALLATION OF ANY NEW LINES.13.REFER TO INTERIOR PLUMBING DRAWINGS FOR TIE-IN OF ALLUTILITIES.14.CONTRACTOR IS RESPONSIBLE FOR COMPLYING WITH THESPECIFICATIONS OF THE LOCAL AUTHORITIES OF THE CITY OF APPLEVALLEY WITH REGARDS TO MATERIALS AND INSTALLATION OF ALLUTILITIES.15.CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATIONAND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESEPLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES,AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THEINFORMATION IS NOT TO BE RELIED ON AS BEING EXACT ORCOMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATEUTILITY COMPANIES AT LEAST 72 HOURS BEFORE ANY EXCAVATIONTO REQUEST THE EXACT FIELD LOCATION OF UTILITIES. IT SHALL BETHE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALLEXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSEDIMPROVEMENTS SHOWN ON THE PLANS.16.CONTRACTOR IS RESPONSIBLE FOR ALL NECESSARY INSPECTIONSAND/OR CERTIFICATIONS REQUIRED BY CODES AND/OR UTILITYSERVICE COMPANIES.17.CONTRACTOR SHALL COORDINATE WITH ALL UTILITY COMPANIESFOR INSTALLATION REQUIREMENTS AND SPECIFICATIONS.18.BACKFLOW DEVICES (DDCV AND PRZ ASSEMBLIES) AND METERS ARELOCATED IN THE INTERIOR OF THE BUILDING. REFERENCEARCHITECTURAL AND MEP PLANS.19.ALL WATERMAIN STUBOUTS SHALL BE MECHANICALLY RESTRAINEDWITH THRUST BLOCKING.20.ENSURE TRACER WIRE IS INSTALLED IN ACCORDANCE WITH CITY /STATE STANDARDS.21.PROVIDE HYDRANT EXTENSIONS AND/OR GATE VALVE NUTEXTENSIONS IF WATERMAIN IS DEEPER THAN 7.5'.22.ALL UTILITY INSTALLATION SHALL BE CONDUCTED IN CONFORMANCEWITH MN PLUMBING CODE (MN RULES CHAPTER 4714)23.ALL PIPE, JOINTS AND MANHOLES SUPPLIED ON SITE DEVELOPMENTMUST BE CONSTRUCTED WITH CODE APPROVED MATERIALS INACCORDANCE WITH MN RULES CHAPTER 4714.24.ALL STORM SEWER JOINTS MUST BE CERTIFIED BY THEMANUFACTURER TO BE ABLE TO PASS THE AIR TEST OR ANINTERNAL HYDROSTATIC PRESSURE OF TEN POUNDS PER SQUAREINCH FOR TEN MINUTES WITH NO LEAKAGE.25.ALL PORTIONS OF THE STORM SEWER SYSTEM WHICH PASS WITHIN10 FT OF A WATER SERVICE LINE AND/OR WITHIN 10' OF A BUILDINGSHALL BE JOB SITE PRESSURE TESTED IN ACCORDANCE WITHPLUMBING CODE STANDARDS AS SPECIFIED IN PART 4714.1109.26.THE WATERMAIN WILL BE INSTALLED IN STRICT ACCORDANCE WITHTHE MOST CURRENT EDITION OF THE CEAM SPECIFICATIONS.DISINFECTION OF THE WATER SYSTEM SHALL MEET THEREQUIREMENTS OF CEAM AND MN PLUMBING CODE SECTION 609.9,AND MINNESOTA DEPARTMENT OF HEALTH.27.ALL WATERMAIN JOINTS MUST UTILIZE APPROVED INSERT FITTINGSWITH STAINLESS STEEL CLAMPS. TRACER WIRE SHALL BE UL LISTEDFOR USE IN DIRECT BURIAL APPLICATION. TRACER WIRE SHALL BE AMINIMUM ACCESSIBLE BLUE 18 AWG COPPER CLAD STEEL RATED TO30 VOLTS, HMWPE MEETING ASTM D 1248, WITH DESIGNATION ONTHE OUTSIDE OF THE WIRE CASING. TRACER WIRE SHALL BEINSTALLED ON ALL MAINLINE PIPES, LATERALS, AND SERVICES WITHVERTICAL RISER TO THE SURFACE. TRACER WIRE SHOULD BECONNECTED TO THE RISERS.28.A FLEXIBLE COMPRESSION JOINT MUST BE USED TO MAKEWATERTIGHT CONNECTIONS TO ALL MANHOLES IN ACCORDANCEWITH MINNESOTA RULES, CH. 4714, SEC. 719.6. RESILIENT RUBBERJOINTS MAY BE USED IF APPROVED BY AGENCY HAVINGJURISDICTION.
MENARDS AT HANSON CONCRETE
APPLE VALLEY CITY COUNCIL
NOVEMBER 15, 2018
MEETING
MENARDS AT HANSON CONCRETE
REQUEST APPROVAL OF
1.Preliminary Planned Development Agreement
2.Public Infrastructure Design Agreement
3.2030 Comprehensive Plan Land Use Map amendment re-designating of 18.41 acres from “IND” (Industrial) to “C” (Commercial)
4.Rezoning of the site from “I-2” (General Industrial) to “PD” (Planned Development)
5.Planned Development Ordinance
6.Subdivision of an unplatted parcel into two (2) lots and four (4) outlots
7.Site plan/building permit authorization to allow for construction of 206,209-sq. ft. store, 48,970-sq. ft. warehouse and 455-stall surface parking lot
LOCATION MAP
PRELIMINARY PLANNED DEVELOPMENT
AGREEMENT
Agreement between the Developer and the City that ensures that:
1.Limit construction to the Menards store, warehouse and outdoor storage yard on
Lot 1.
2.Limit development on Lot 2 and Outlot B to industrial uses.
3.Limit future uses at existing facility to commercial tenants not currently
operating in the city, unless it is an additional location. (Expires on December 31,
2021)
4.Limit uses at new development to users not currently operating in the city,
unless it is an additional location. (Expires on December 31, 2021)
5.Development subject to approved plans and development conditions outlined in
agreement.
DESIGN AGREEMENT
EXISTING COMP PLAN MAP
“IND” (Industrial)
PROPOSED COMP PLAN AMENDMENT
“C” (Commercial)
ZONING MAP
“I-2” (General Industrial)
PROPOSED ZONING AMENDMENT
ZONE 1
ZONE 2
ZONE 2
PROPOSED “PD” ZONING ORDINANCE
Create a new Planned Development Ordinance that
identifies:
•Permitted, conditional, and permitted accessory uses
•Area requirements and performance standards such as
building and parking setbacks, minimum parking
requirements, screening, landscaping, etc.; and
•Special performance standards
LAND USE PLAN
LAND USE PLAN
EXISTING CONDITIONS
PRELIMINARY PLAT
MENARDS SITE
Drainage And Utility
Easements
OVERALL SITE PLAN
STORE SITE PLAN
OVERALL GRADING PLAN
STORE GRADING PLAN
POND GRADING PLAN
STORM SEWER PLAN
STORE STORM SEWER PLAN
STORM SEWER PLAN
UTILITY PLAN
LANDSCAPE PLAN
BUILDING ELEVATIONS
FENCE AND WAREHOUSE
ELEVATIONS
PLAN VIEW SITE PLAN
PLAN VIEW DRAWING
PLAN VIEW DRAWING
PLAN VIEW DRAWING
PLAN VIEW DRAWING
BIKE AND PEDESTRIAN PLAN
PHASING PLAN
MENARDS AT
HANSON CONCRETE
RECOMMENDATION
1.Approve the Menards at Hanson Concrete Preliminary Plan Development Agreement
2.Approve the Menards at Hanson Concrete Public Infrastructure Design Agreement
3.Adopt resolution approving the re-designation southwest 18 acres of Lot 1, Block 1, of the proposed
Menards at Hanson Concrete preliminary plat from “IND” (Industrial) to “C” (Commercial).
4.Adopt ordinance approving the rezoning of the property within the proposed Menards at Hanson
Concrete preliminary plat from “I-2” (General Industrial) to “PD” (Planned Development)
5.Adopt planned development zoning ordinance that identifies allow for a mix of retail, office,
office/warehouse and limited industrial uses
6.Recommend approval of the Menards at Hanson Concrete preliminary plat subject to the 13
conditions identified in the staff report
7.Recommend approval of the site plan/building permit authorization to allow for construction of a
206,209-sq. ft. Menards store and 48,970-sq. ft. warehouse on Lot 1, Block 1, Menards at Hanson
Concrete, subject to the 12 conditions identified in the staff report
MENARDS AT
HANSON CONCRETE
QUESTIONS?
I T E M: 7.
C O UNC I L ME E T I NG D AT E :November 15, 2018
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
Mon./Nov. 12 City Offices
Closed Veterans Day
Tue./Nov. 13 6:00-8:00 p.m.Various Schools ISD 196 Safe & Successful
Schools Showcase
Wed./Nov. 14 5:30 p.m.Minneapolis, MN Greater MSP Annual Meeting
Wed./Nov. 14 7:00 p.m.Municipal Center Traffic Safety Advisory
C ommittee Meeting
T hur./Nov. 15 4:30-6:30 p.m.Celts C raft House C hamber Business After Hours
T hur./Nov. 15 5:30 p.m.Municipal Center Informal C ity Council Meeting
T hur./Nov. 15 7:00 p.m.Municipal Center Regular City C ouncil Meeting *
T hur./Nov. 22 City Offices
Closed T hanksgiving Day
Fri./Nov. 23 City Offices
Closed Day After T hanksgiving Day
Tue./Nov. 27 6:00 p.m.Municipal Center Urban Affairs Advisory
C ommittee Meeting
Wed./Nov. 28 9:00 a.m.Municipal Center Firefighters Relief Association
Meeting
T hur./Nov. 29 11:30 a.m.-6:30
p.m.Golden Valley LMC 2018 Metro Meeting
T hur./Nov. 29 6:15 p.m.Municipal Center Holiday Tree Lighting
T hur./Nov. 29 7:00 p.m.Municipal Center Regular City C ouncil Meeting *
Mon./Dec. 3 7:00 p.m.Municipal Center Telecommunications Advisory
C ommittee Meeting
Tue./Dec. 4 7:30-9:00 a.m.IMA X T heatre C hamber C offee Connection
Wed./Dec. 5 7:00 p.m.Municipal Center Planning Commission Meeting
T hur./Dec. 6 4:30-6:30 p.m.
Bogart’s
Entertainment C hamber Business After Hours
Center
Wed./Dec.12 11:30-1:30 p.m.GrandStay Hotel C hamber Luncheon
T hur./Dec. 13 5:30 p.m.Municipal Center Informal C ity Council Meeting
T hur./Dec. 13 7:00 p.m.Municipal Center Regular City C ouncil 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