HomeMy WebLinkAboutItem 06.gJuly 29, 2011 Item No.
AUGUST 1, 2011 CITY COUNCIL MEETING
LAKEVILLE COMMERCE CENTER 3 ADDITION FINAL PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve: a) a resolution approving the final plat
of Lakeville Commerce Center 3` Addition; b) a resolution vacating public drainage and utility easements; c)
a develop contract release.
Adoption of this motion will approve the final plat of one commercial lot and one outlot, vacate existing
drainage and utility easements and release the property from the Lakeville Commerce Center 2 Addition
development contract.
Overview
Kimley -Horn & Associates representing Walmart Real Estate Business Trust has submitted a preliminary and
final plat of one commercial lot and one outlot to be known as Lakeville Commerce Center 3rd Addition for the
construction of a proposed Walmart store. The developer has also submitted an application to vacate
existing drainage and utility easements within the site. The proposed preliminary and final plat and
easement vacation are located on 15.94 acres on the east side of Keokuk Avenue, south of 205 Street,
north of 210 Street (CSAH 70) and west of Interstate 35.
At their May 19, 2011 meeting, the Planning Commission held a public hearing to consider the preliminary
and final plat and easement vacation request. The Planning Commission unanimously recommended
approval of the preliminary and final plat and the easement vacation request subject to the stipulations listed
in the May 12, 2011 Planning Report as amended.
After Planning Commission approval of the preliminary and final plat and easement vacation the applicant
requested that only the preliminary plat be considered by the City Council to give them an opportunity to
finalize the development contract and complete minor revisions to the site, grading and stormwater
management plans. The preliminary plat was unanimously approved by the City Council at their June 6th
meeting.
The applicant has completed the minor revisions to the site, grading, stormwater management and sign
(attached) plans, has provided the City with a signed copy of the Lakeville Commerce Center 3rd Addition
development contract and is requesting City Council approval of the final plat and easement vacation. In
addition, the applicant has requested the property be released from the Lakeville Commerce Center and the
Lakeville Commerce Center 2nd Addition development contracts as the property will now be governed by the
new Lakeville Commerce Center 3` Addition development contract. Staff recommends approval of the final
plat, easement vacation and development contract release.
Primary Issues to Consider
The plans been revised to address the stipulations listed in the May 12, 2011 Planning Report and as
recommended by the Planning Commission at their May 19 meeting.
Supporting Information
• Resolution approving the Lakeville Commerce Center 3 Addition final plat.
• Resolution vacating public drainage and utility easements.
• Lakeville Commerce 2 Addition development contract release.
• Signed Lakeville Commence Center 3 Addition development contract.
• May 19, 2011 Planning Commission meeting minutes.
• May 18, 2011 Parks, Recreation and Natural Resources Committee meeting minutes.
• ay 611 Plannin • and Engineering Reports.
4d „
'yn 'Kuennen, Associate Planner
'Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):Zoninq and Subdivision Ordinances
Notes:
Reserved for Dakota County Recording Information
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF
LAKEVILLE COMMERCE CENTER 3rd ADDITION
WHEREAS, the owner of the plat described as Lakeville Commence Center 3 Addition
has requested final plat approval; and
WHEREAS, the final plat has been reviewed by the Planning Commission and the Parks,
Recreation and Natural Resources Committee; and
WHEREAS, the final plat is acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The final plat of Lakeville Commerce Center 3 Addition is hereby approved subject
to the developer's execution of the development contract and security requirements.
2. The Mayor and City Clerk are hereby directed to sign the development contract and
final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
APPROVED AND ADOPTED this 1 day of August 2011.
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
I hereby certify that the foregoing Resolution No. is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 1 day of August, 2011, as shown by the minutes of said
meeting in my possession.
Charlene Friedges, City Clerk
(SEAL)
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION VACATING A PUBLIC
DRAINAGE AND UTILITY EASEMENT
WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2)
weeks published notice, to consider the following described easement vacation, and
WHEREAS, the City Council has determined that it is in the public interest to approve the
easement vacation.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The following public drainage and utility easement situated in Dakota County, Minnesota
and legally described as follows is hereby vacated:
All drainage and utility easements as dedicated within Outlot B,
Lakeville Commerce Center 2 Addition, according to the recorded
plat thereof.
2. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
APPROVED AND ADOPTED this 1 day of August, 2011.
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
BY:
CITY OF LAKEVILLE
Mark Bellows, Mayor
I hereby certify that the foregoing Resolution No. is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 1 day of August, 2011, as shown by the minutes of said
meeting in my possession.
Charlene Friedges, City Clerk
(SEAL)
Easement Vacation Sketch For: KIIIILEY- -HORN c?c ASSOCIATES
20 5TH STREET
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2010 -289 808/25 T.114 R.21 5.25 & 26
SMT 2010289006 — vocation. dwg
L=,KEE','ILLE COMMERCE
(CO
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LAKc ILL E COMMERCE CENTER
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All the drainage and
utility easements
dedicated in the plats of
Lakeville Commerce Center
Li) L „� and Lakeville Commerce
Center 2nd Addition, lying
within Outlot B, said
Lakeville Commerce Center
2nd Addition, according to
the recorded plats thereof,
Dakota County, Minnesota,
together with the
Easement for off —take
�• ditch purposes per Final
Certificate Document No.
418361.
MnDOT OFF —TAKE
DITCH EASEMENT
DOC. NO. 418361
By
PROPOSED EASEMENT
VACATION DESCRIPTION
I hereby certify that this survey, plan, or
report was prepared by me or under my
direct supervision and that 1 am a duly
Licensed Land Surveyor under the laws of
the State of Minnesota.
Dated this 8th day of April, 2011
SUNDE LAND SURVEYING, LLC.
Mark S. Hanson, P.L.S.
Minn. Lic. No. 15480
(JSUNDE
LAND SURVEYING
www.sunde.com
Main Office:
9001 East Bloomington Freeway (35W) • Suite 118
Bloomington, Minnesota 55420 -3435
952 -881 -2455 (Fax: 952 - 888 -9526)
North Office:
Brooklyn Park, Minn. 763 - 784 -9346
EXHIBIT L
(reserved for recording information)
RELEASE OF
DEVELOPMENT CONTRACT
RELEASE granted , 2011, by the CITY OF LAKEVILLE, a
Minnesota municipal corporation ( "City ").
WHEREAS, the City has been requested to release and discharge Outlot B, Lakeville
Commerce Center 2 ADDITION from certain recorded Development Contracts (the "Subject
Property").
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NOW THEREFORE, be it resolved by the Lakeville City Council:
The Subject Property is released and discharged from the Development Contract for
Lakeville Commerce Center dated November 7, 1988 and recorded May 21, 1989 as
Document No. 914126, and from the Development Contract for Lakeville Commerce
Center 2 Addition dated May 5, 2005 and recorded June 2, 2005 as Document No.
2327054 in the Office of the Dakota County Recorder.
ADOPTED this day of , 2011.
(SEAL)
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
AND
1
Charlene Friedges, City Clerk
STATE OF MINNESOTA
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
, 2011, by Mark Bellows and by Charlene Friedges, respectively the Mayor
and City Clerk, of the City of Lakeville, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to authority granted by the its City Council.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
RNK:srn
157572v01 2
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NOTARY PUBLIC
This Development Contract ( "Contract ") is dated , 2011, by and between
the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and WAL -MART REAL ESTATE
BUSINESS TRUST, a Delaware statutory trust (the "Developer ").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for LAKEVILLE COMMERCE CENTER THIRD ADDITION (referred to in this Contract as the "plat "). The land is
situated in the County of Dakota, State of Minnesota, and is legally described as:
Outlot B, Lakeville Commerce Center 2 Addition, according to the recorded
plat thereof
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder's Office or Registrar of Title's Office within 100 days after the City Council approves the
final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LAKEVILLE COMMERCE CENTER
THIRD ADDITION
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private improvements, or any buildings until all the following conditions have been satisfied: 1) this
Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary cash
requirements, cash fee, escrowed documents and security described herein has been received by the
City, and 3) the plat has been filed with the Dakota County Recorder's Office.
4. PHASED DEVELOPMENT. Not applicable.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
Tots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, (except an amendment placing the plat in the current
metropolitan urban service area), or any amendments to the City's official controls shall apply to or affect
the use, development density, lot size, lot layout or dedications of the approved plat unless required by
state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding
anything in this Contract to the contrary, to the full extent permitted by state law, the City may require
compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A and B, the plans
may be revised and finalized after the date of this Contract, subject to the City Engineer's approval. All
plans must be final and approved by the City Engineer before commencement of any work in the plat. The
City Engineer may approve minor amendments to Plan B without City Council approval. The erosion
control plan may also be approved by the Dakota County Soil and Water Conservation District, if the City
delegates its authority to the District. If the plans vary from the written terms of this Contract, the written
terms shall control. The plans, which shall be on file with the City, are:
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Plan A — Final Plat
Plan B- Final Grading and Drainage, and Erosion Control Plans (2 plans) dated July 11,
2011 prepared by Kimley -Horn and Associates
Plan C - Plans and Specifications for Public Improvements, dated July 11, 2011 prepared
by Kimley -Horn and Associates
Plan D — Site Plan, dated July 11, 2011 prepared by Kimley -Horn and Associates
Plan E - Street Lighting Plan, dated July 11, prepared by Kimley -Horn and Associates
Plan F - Landscape Plan, dated July 11, 2011 prepared by Kimley -Horn and Associates
8. IMPROVEMENTS. The Developer shall install and pay for the following improvements, as
shown on the plans:
A. Sanitary Sewer Systems
B. Water System
C. Public and Private Storm Sewer Systems
D. Streets
E. Concrete Curb and Gutter
F. Street Lights and Traffic Control Signage and Markings
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks
The following improvement shall be deemed the "Public Improvements ":
• Turn Lane Improvements on Keokuk Avenue (including paving, striping, signage, curb and
gutter, and lighting);
• Storm Sewer Improvements in Keokuk Avenue;
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• Storm Sewer Culvert extensions between Keokuk Avenue and the Regional Stormwater Pond
(ML -7 -1);
• 8' Wide Sidewalk along Keokuk Avenue from Southerly Property Line to 205 Street; and
• Grading Outlot A of Lakeville Commerce Center 3 Addition.
The City hereby authorizes and licenses Developer to perform any and all work required hereunder
in public rights -of -way, in Outlot A of this plat and in Outlot A of Lakeville Commerce Center Addition.
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of
the City Code concerning erosion and drainage and Section 4-1 -4-2 prohibiting grading, construction
activity, and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The
Developer shall submit plans and specifications which have been prepared by a competent registered
professional engineer to the City for approval by the City Engineer. The Developer shall instruct its
engineer to provide adequate field inspection personnel to assure an acceptable level of quality control
so that the Developer's engineer will be able to certify that the construction work meets the approved
City standards. The foregoing certification shall be a condition of City acceptance. In addition, the City
may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a
soil engineer inspect the Public Improvements and erosion control on a full or part-time basis. The
Developer, its contractors and subcontractors, shall follow all instructions received from the City's
inspectors that are not inconsistent with the plans, applicable law, and generally accepted sound
engineering practices. The Developer or the Developer's engineer shall provide for on -site project
management. The Developer's engineer is responsible for design changes and contract administration
between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a
pre - construction meeting at a mutually agreeable time at the City with all parties concerned, including
the City staff, to review the program for the construction work. Within thirty (30) days after the
completion of the improvements and before the security is released, the Developer shall supply the City
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with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed"
plans in an AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot
corners must be completed before the applicable security for monuments is released. The Developer's
surveyor shall also submit a written notice to the City certifying that the monuments have been installed.
9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the Public Improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits which may include:
• Minnesota Department of Health for Watermains
• Minnesota General NPDES Permit for Stormwater Discharges Associated with
Construction Activity ( "NPDES Permit ")
• MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
• DNR for Dewatering
• Minnesota Department of Transportation Drainage and Utility Permits
• City of Lakeville for Building Permits
• MCES for Sanitary Sewer Connections
• City of Lakeville Building Permit for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2012. The Developer may, however, request an extension of time from the City. If an
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extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect
any cost increases and the extended completion date.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the property subject to the plat to perform all work and inspections, with
respect to the public improvements and erosion control, deemed appropriate by the City in conjunction with
plat development. This license shall terminate when the work required by this contract has been
completed, the warranty period has expired and any warranty work has been satisfactorily completed.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan (Plan B) shall
be implemented by the Developer and the erosion control BMPs inspected and approved by the City or, at
the City's option, by the Dakota County Soil and Water Conservation District. The City or Dakota County
Soil and Water Conservation District, if the City has delegated the City's authority to the District, may
impose additional erosion control requirements if such requirements would be beneficial and are consistent
with applicable law and the NPDES Permit. All areas disturbed by the excavation and backfilling
operations shall be reseeded or stabilized by another method allowed by the NPDES Permit within 48
hours after the completion of the work or in an area that is inactive for more than 7 days unless authorized
and approved by the City Engineer Except as otherwise provided in the erosion control plan, seed shall be
in accordance with the City's current seeding specification which may include certified oat seed to provide
a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling
erosion. If the Developer does not comply with the approved erosion control plan and schedule or
supplementary instructions received from the City or the Dakota County Soil and Water Conservation
District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to
notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations under this Paragraph 14. If the Developer does not reimburse
the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter
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of credit to pay any costs. No development, utility or street construction will be allowed and a certificate of
occupancy will not be issued unless the plat is in full compliance with the approved erosion control plan.
15. GRADING PLAN. The plat shall be graded in accordance with the approved grading
drainage and erosion control plan (Plan B), which shall conform to City of Lakeville specifications. Within
thirty (30) days after completion of the grading, the Developer shall provide the City with an "as
constructed" grading plan certified by a registered land surveyor or engineer showing that all storm water
basins, swales, and ditches have been constructed on public drainage easements or land owned by the
City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of
storm water treatment basins; b) location and elevations along any swales, wetlands, wetland mitigation
areas if any, ditches, locations and dimensions of borrow areas /stockpiles, and installed "conservation
area" posts; and c) lot corner elevations and building pads, and all other items listed in City Code Section
10- 3 -5.NN. The City may withhold issuance of a final certificate of occupancy until the "as constructed"
certified grading plan is on file with the City and all permanent erosion control measures are in place, as
determined by the City Engineer. The Developer certifies to the City that all lots with building footings
placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, contractors, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Except as otherwise specifically prodded in this
Contract at Section 30(M), upon completion of the work and construction required by this Contract and
final acceptance by the City, the improvements lying within public easements and Outlot A shall become
City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in -house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and his engineer on status or
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problems regarding the project, coordination for final inspection and acceptance of Public Improvements,
project monitoring during the warranty period, and processing of requests for reduction in security. Fees
for this service shall be three percent (3 %) of construction costs identified in the Summary of Security
Requirements if using a letter of credit, assuming normal construction and project scheduling. The
Developer shall pay for construction observation, whether performed by the City's in -house engineering
staff or consulting engineer. Construction observation shall include part or full time inspection of proposed
public utilities and street construction and will be billed on hourly rates estimated to total seven percent
(7 %) of the estimated construction cost.
19. STORM SEWER. Development of Lakeville Commerce Center Third Addition includes
construction of public and private storm sewer systems. The public storm sewer consists of the
modification to the existing storm sewer in Keokuk Avenue due to the turn lane construction as well as
modification of the twin culverts that drain the storm sewer system from Keokuk Avenue to Regional
Stormwater Basin ML -7 -1. The reconstructed public storm sewer will be located within the public right-
of-way and /or a permanent public drainage and utility easement as shown on the plat, and will be
maintained by the City. The privately owned and maintained storm sewer will be located within Lot 1,
Block 1 and will collect and convey stormwater runoff generated from within the lot to the water quality
and rate control basins.
The trunk storm sewer area charge has not been collected on the parent parcel and must be paid
in cash as an Escrow Condition, as defined in Section 36(M) below. The trunk storm sewer area charge
is calculated as follows:
694,561 s.f. (Gross Area of Final Plat) - 60,805 s.f. (Area of Outlot A) x $0.235/s.f. = $148,932.66
The Developer is eligible for trunk storm sewer credits for conveying Outlot A to the City. The credit for
the 1.40 acres of land is $7,700.00 and is calculated at the rate of $5,500.00 per acre, consistent with
City policy.
20. SANITARY SEWER. Development of Lakeville Commerce Center Third Addition will not
require public sanitary sewer construction. Eight inch sanitary sewer will be extended from public
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sanitary sewer located in Keokuk Avenue to provide service to Lot 1, Block 1. A six inch sanitary sewer
service will be extended from an existing 6 -inch sanitary sewer stub as well. All sanitary sewer services
will be privately owned and maintained by the Developer.
The Developer is proposing to abandon 3 existing sewer services that were installed previously
and are no longer needed with the revised lot layout. All existing sanitary sewer services that are to be
permanently abandoned must first be televised by the Developer for evidence of inflow and infiltration
and a copy of the televising tape provided to the City. If the City's review of the televising suggests no
inflow and infiltration, the sanitary sewer service may be abandoned in place. If the City's review of the
televising suggests any inflow and infiltration, the sanitary sewer service must be plugged at the main by
inserting a plug at the wye per the manufacturer's recommendations. In addition, any existing sanitary
sewer service disturbed during water service construction must also be plugged. All sanitary sewer
service abandonment/removal work must be inspected by the City's utility department. All sanitary sewer
services to be abandoned shall be identified on an as -built survey. A certificate of occupancy will not be
issued until sewer services have been abandoned pursuant to applicable law and inspected.
The sanitary sewer availability charge has not been paid on the parent parcel and must be paid
for Lot 1, Block 1 with the building permit. The sanitary sewer availability charge is $307.00 per
residential equivalent unit and shall be calculated when the M.C.E.S. SAC Units for the proposed
building has been determined.
21. WATERMAIN. Development of Lakeville Commerce Center Third Addition will not require
public watermain construction. Eight inch watermain will be extended from two existing 6 -inch watermain
service stubs and looped around the proposed building on Lot 1, Block 1. The Developer is proposing to
abandon two existing water services that were installed previously and are no longer needed with the
revised lot layout. For all existing water services that are to be permanently abandoned, a cash fee of
$1,000 per abandoned service shall be paid as an Escrow Condition as defined in 36(M) for future
maintenance related to the abandoned service repairs and is calculated as follows:
2 (water services to be abandoned) x $1,000.00 /service = $2,000.00
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All water service abandonment/removal work must be inspected by the City's Utility Department. All
abandoned water services must be identified on the plans submitted during the building permit process. A
certificate of occupancy will not be issued until water services have been appropriately abandoned and
inspected.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility
construction, parking lot and building construction is restricted to Keokuk Avenue via 210 Street (CSAH
70).
23. PARK DEDICATION, TRAILS AND SIDEWALKS. The City's park dedication
requirements for Lakeville Commerce Center Third Addition were satisfied through a cash contribution paid
in 1997. Development of Lakeville Commerce Center Third Addition will not require public trail
construction. The City's Parks, Trails and Open Space Plan does not designate any area within the final
plat as future park land. The Developer must construct, at its own expense, an 8 -foot wide concrete
sidewalk on the east side of Keokuk Avenue from the Wal -Mart property to the north to provide a
connection to the existing trail on the south side of 205 Street.
24. WETLANDS. The Developer must comply with the wetland permit from the U.S. Army
Corps of Engineers and the wetland replacement plan approved by the City.
25. RETAINING WALLS. Development of Lakeville Commerce Center Third Addition
includes the construction of two retaining walls. The Developer is proposing a large block retaining wall
along the eastern and northern portions of Lot 1, Block 1 and a temporary sheet pile retaining wall
around the overhead utility poles located within Outlot A. The temporary wall must be removed upon
completion of the proposed free standing power pole structure and restoration of the ground must be
completed establishing vegetative cover and grading slopes not to exceed 3:1.
All modular block walls constructed must meet MnDOT requirements. All modular block walls
must be stained in a color complimentary to the adjacent buildings in accordance with the manufacturer's
recommendations. All modular block walls greater than four feet in height must be designed by a
registered engineer and require a separate building permit from the City's Building Inspection
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Department. All modular block walls requiring a separate building permit from the City's Building
Inspection Department must be inspected during construction and certified by a design engineer
following construction. The Developer is proposing a 4 -foot tall black vinyl coated chain link fence along
the top of the modular block retaining wall as well as a guard rail along the parking lot adjacent to the
retaining wall areas. The retaining walls are all contained within Lot 1, Block 1 of the plat and will be
privately owned and maintained by the Developer. Before the City signs the final plat, the Developer
must post a $600,000.00 security to guarantee installation of the retaining walls in accordance with the
approved plans.
Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota.
Following construction, a certification signed by the design engineer shall be filed with the City Building
Official evidencing that the retaining wall was constructed in accordance with the approved plans and
specifications.
26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for
traffic control signs of $1,050.00 must be paid as a condition to the release of the plat from escrow
pursuant to Section 36(M), which consists of three (3) right turn lane signs at $350.00 each. If the street
posts are installed in frost conditions, the Developer shall pay an additional $150.00 at each street post
location. A cash fee for one -year of streetlight operating expenses for Lot 1, Block 1 is also due as an
Escrow Condition pursuant to Section 36(M), and is calculated as follows:
1,284.43 f.f. (Keokuk Ave. Front Footage) x $0.214/ff /qtr x 4 qtrs = $1,099.47
27. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface
water management expenses for Lot 1, Block 1 must be paid as an Escrow Condition pursuant to Section
36(M), calculated as follows:
14.54 acres (Lot 1 Area) x 4.2 REU x $7.00/unit/qtr x 4 qtrs = $1,709.90
28. LANDSCAPING. Landscaping shall be installed in accordance with the approved
landscape plan. The Developer must post a $200,000.00 security to guarantee installation of the
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approved landscaping as an Escrow Condition pursuant to Section 36(M). Fifty percent (50 %) of the
security will be released when all the landscaping has been installed and inspected by City staff and the
remaining fifty percent (50 %) will be released one year after the landscaping inspection and any warranty
work has been completed.
29. TREE PRESERVATION. The tree preservation plan submitted by the Developer
identifies a total of 22 significant trees located within Lakeville Commerce Center Third Addition. The
trees will be removed for the development of the site and the reconstruction of the channel. The
reconstructed channel will be stabilized with the planting of native trees, shrubs and seed mix, as shown in
the plans. The Developer is responsible for maintenance of the channel until it is fully stabilized in
accordance with the NPDES Permit.
30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the May 12, 2011, Engineering
report.
B. As one of the Escrow Conditions, the Developer or its affiliate, Wal -Mart Stores, Inc.,
shall convey Outlot A to the City by quit claim deed. Outlot A will be conveyed to the City at an agreed
upon price of $7,700.00 as set forth in Paragraph 19 above. The Developer, at its own expense, prior to
its closing on its purchase of the land subject to the plat, shall furnish to the City a current commitment
for the issuance of an ALTA Form B owner's policy of title insurance (the "Commitment ") issued by
Lawyers Title Insurance Corporation ( "Title ") in the amount of the value of Outlot A, but not to exceed fifty
thousand and No /100 Dollars ($50,000), committing to insure that City will have good and marketable
title to Outlot A, subject only to those exceptions set forth at Exhibit A, but free of all standard exceptions
and any other exceptions to title, except matters to which City may consent in writing. In the event any
exceptions listed in the Commitment for title insurance are the result of any voluntary action by the
Developer, the Developer shall promptly cause such exception to be removed. The Title Company must
provide the City with the title policy or pro forma at closing and the Developer shall pay the premium for
the issuance of the City's policy.
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C. The site must be developed in accordance with the plans approved by the City
Council, as amended and approved by the City Engineer, as provided herein.
D. The Developer must obtain a sign permit from the City Building Official prior to
installation of any signage in the development.
E. Snow storage must be accommodated in the green space areas around the
perimeter of the property or on the upland portions of Outlot A, or must be taken off site. Any damage to
vegetated areas within Outlot A as a result of snow storage operations shall be repaired by the Developer
to the satisfaction of the City Engineer.
F. As an Escrow Condition, the Developer must submit $75,000.00 in cash to the City
to be held by the City in an interest bearing escrow to be used to pay for the Developer's share of the City's
future construction of a roundabout at 205 Street and Kenrick Avenue. This cash escrow with interest will
be refunded to the Developer if the roundabout has not been constructed within two (2) years after the
opening of the Wal -Mart store. If the roundabout is constructed after two (2) years, but within five (5) years
after the store opening, the Developer agrees to be assessed up to $75,000.00 for the intersection
improvements and waives its rights to appeal said assessment so long as it is not more than $75,000.00.
For the first five (5) years after the Wal -Mart store has opened, Developer's share of the City's costs for
constructing the roundabout shall not exceed the sum of $75,000, whether paid in cash or through special
assessment.
G. The on -site signage and pavement markings associated with the Lakeville
Commerce Center Third Addition development will be privately owned and maintained by the Developer.
As an Escrow Condition, the Developer must post a $5,000.00 security to ensure that all signs and
pavement markings are installed. A final certificate of occupancy will not be issued until the signs and
pavement markings are installed.
H. Prior to City Council approval of the final plat, the Developer shall furnish a boundary
survey of the proposed property to be platted with all existing property corner monuments in place and
marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
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survey. The Developer shall post a $200.00 security as an Escrow Condition as defined in Section 36(M)
for the final placement of new interior subdivision iron monuments at property comers. The security was
calculated as follows: 2 Tots /outlots at $100.00 per lot/outlot. The security will be held by the City until the
Developer's and surveyor certifies that all irons have been set following site grading and utility and street
construction. In addition, the certificate of survey must also include a certification that all irons for a specific
lot have either been found or set prior to the issuance of a building permit for that lot.
I. The Developer shall pay a cash fee as an Escrow Condition, as defined in Section
36(M) for the preparation of record construction drawings and City base map updating at the time of final
plat approval. This fee is calculated as follows:
2 Tots /outlots x $75.00/lot and outlot = $150.00
J. The Developer shall be responsible for the cost of street light installation consistent
with a street lighting plan approved by the City. As an Escrow Condition, the Developer shall post a
security for street light installation consistent with the approved plan. The amount of this security is
$3,600.00 and consists of three (3) mast -arm streetlights at $1,200.00 each.
K. The Developer is required to submit the final plat in electronic format. The electronic
format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading,
utilities, streets) shall be in electronic format in accordance with standard City specifications. The
Developer shall also submit one complete set of reproducible construction record drawings plans on Mylar.
L. A building pad certification survey must be submitted and approved by City staff
prior to the issuance of a building permit except for building permits for retaining wall construction.
M. The Developer is the owner and shall be responsible for the maintenance of the on-
site stormwater management system (except for the existing twin storm water culverts in Keokuk Avenue
which are Public Improvements), including but not limited to, storm water basins, filtration basins,
underground stormwater management system and water quality treatment structures lying within public
drainage and utility easement. The stormwater management system must be inspected during
construction and certified by the design engineer following construction. Following construction, a
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certification signed by the design engineer shall be filed with the City Engineer evidencing that the
underground stormwater management system was constructed in accordance with the approved plans
and specifications. The Developer must provide inspection and maintenance reports to the City Engineer
every 6 months unless approved otherwise by the City Engineer.
31. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public and private improvements, and construction of all public
and private improvements, the Developer shall furnish the City with a letter of credit, in the form attached
hereto, from a bank ( "security ") for $1,268,762.97, plus a cash fee of $11,844.54 for City engineering
administration. The amount of the security was calculated as follows:
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CONSTRUCTION COSTS:
Sanitary Sewer Connection
Streets
Storm Sewer
Site Grading /Erosion Control /Restoration & Grading Certification
Channel Re -Route
CONSTRUCTION SUB -TOTAL
OTHER COSTS:
Developer's Design (6.0 %)
Developer's Construction Survey (2.5 %)
City Legal Expenses (Est. 0.5 %)
City Construction Observation (Est. 7.0 %)
Developer's Record Drawings (0.5 %)
Retaining Walls
On -site Private Signs & Pavement Markings
Landscaping
Street Lights
Lot Corners /Iron Monuments
OTHER COSTS SUB -TOTAL
TOTAL PROJECT SECURITIES:
$ 9,186.00
105,312.00
137,480.00
99,000.00
43, 840.00
$ 394,818.00
$ 23,689.08
9,870.45
1,974.09
27,637.26
1,974.09
600,000.00
5,000.00
200,000.00
3,600.00
200.00
$ 873,944.97
$ 1,268,762.97
15 LKVL:LAKEvLLLE COMMERCE CENTER THIRD ADD.
(Wal -Mart Real Estate Business Trust; Store# 5992)
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank issuing
the letter of credit shall be subject to the approval of the City Administrator. The Bank of America is hereby
approved. The City may draw on the letter of credit on five (5) business days' notice to the Developer for
any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the
required term. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt
of proof satisfactory to the City that work has been completed and financial obligations to the City have
been satisfied, with City approval the security may be reduced from time to time by ninety percent (90 %) of
the financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by the
Developer's engineer shall be retained as security until all improvements have been completed, all financial
obligations to the City satisfied, the required "as constructed" plans have been received by the City, a
warranty security is provided, and the Public Improvements are accepted by the City Council. The City's
standard specifications for utility and street construction outline procedures for security reductions.
32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the release of the final plat
Mylars:
Trunk Storm Sewer Area Charge $ 148,932.66
Sanitary Sewer Availability Charge To be collected with building permit
Traffic Control Signs 1,050.00
Street Light Operating Fee 1,099.47
Surface Water Management Utility Fee 1,709.90
City Base Map Updating 150.00
City Engineering Administration (3 %) 11,844.54
Kenrick Avenue /205 Street Intersection Improvements 75,000.00
Water Service Abandonment 2,000.00
SUB -TOTAL CASH REQUIREMENTS $ 241,786.57
Credits to Cash Requirements:
Credit for Deed Outlot A to the City $ - 7,700.00
'TOTAL CASH REQUIREMENTS $ 234,086.57
33. WARRANTY. The Developer warrants all Public Improvements required to be constructed
by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for
streets is one year. The warranty period for underground utilities is two years and shall commence
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following completion and acceptance by City Council. The one year warranty period on streets shall
commence after the final wear course has been installed and accepted by the City Council. The Developer
shall post maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction
costs to secure the warranties. The City shall retain ten percent (10 %) of the security posted by the
Developer until the maintenance bonds are furnished the City or until the warranty period expires,
whichever first occurs. The retainage may be used to pay for warranty work. The City's standard
specifications for utility and street construction identify the procedures for final acceptance of streets and
utilities.
34. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation expenses incurred
in connection with approval and acceptance of the plat, the preparation of this Contract, review of
construction plans and documents, and all costs and expenses incurred by the City in monitoring and
inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
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E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eighteen percent (18 %) per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "),
City water connection charges, City sewer connection charges, and building permit fees. Notwithstanding
the foregoing, the City shall observe all requirements as set forth in Minnesota Statutes Chapter 429 for
any special assessments, except only as set forth in Section 30(F).
35. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty -eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
36. MISCELLANEOUS.
A. This Development Contract shall become null and void unless the Developer
becomes the fee owner of the property being final platted on or before June 6, 2013. If the Development
Contract becomes null and void, the Developer shall be deemed to have withdrawn its application for plat
and subdivision approval and the City's approval of the plat and subdivision shall be deemed rescinded.
B. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
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Contract.
C. Third parties shall have no recourse against the City or the Developer under this
D. Breach of the terms of this Contract by the Developer shall be grounds for denial of
a building permits and a certificate of occupancy, including lots sold to third parties.
E. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
F. Grading, curbing, and one lift of asphalt shall be installed on all public and any
private streets as shown in the Plans, as defined in Section 7, prior to issuance of a certificate of
occupancy.
G. If building permits are issued prior to the acceptance of Public Improvements, the
Developer assumes all liability and costs resulting in delays in completion of Public Improvements and
damage to Public Improvements caused by the City, Developer, its contractors, subcontractors, material
men, employees, agents, or third parties. No one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been paved with
at least one lift of a bituminous surface and any public utilities installed by Developer have been accepted
by the City Engineer.
H. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
I. This Contract shall run with the land and may be recorded against the title to the
property. The Developer agrees that one of the Escrow Conditions shall be that the Developer obtains fee
title to the property subject to the plat. The Developer knows of no unrecorded interests against the
property being final platted; other than the right of Lakeville Land, Ltd. Limited Partnership to repurchase
the property if Developer does not commence construction thereon within 3 years after the date the
157688v02 19 LKVL:LAKEVILLE COMMERCE CENTER THIRD ADD.
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property is conveyed to Developer. The Developer will indemnify and hold the City harmless for any
breach of the foregoing covenant.
J. Developer or Developer's contractors shall take out and maintain or cause to be
taken out and maintained until six (6) months after the City has accepted the public improvements, public
liability and property damage insurance covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its subcontractors or by one directly or
indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for
one person and $1,000,000 for each occurrence; limits for property damage shall be not less than
$200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be
named as an additional insured on the policy on a primary and noncontributory basis, and the Developer
shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate
shall provide that the City must be given ten (10) days advance written notice of the cancellation of the
insurance.
K. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the
City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
M. The Plat, the deed for Outlot A, this Development Contract, and the City's executed
release of all other development agreements encumbering the Lakeville Commerce Center Third Addition
shall be placed in Escrow with the Title Company referenced in Paragraph 30(B). The foregoing will be
released for recording with the County in accordance with instructions received from the City Attorney.
157688v02 20 LKVL:LAKEVILLE COMMERCE CENTER THIRD ADD.
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This Development Contract, the plat, the release, and the deed to Outlot A will be released for recording
after the Developer has become the fee owner of the property being platted and the City has received the
security, cash, and the title policy (or pro forma policy) referenced in this Development Contract ( "Escrow
Conditions ").
37. NOTICES. Required notices and invoices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, its employees, consulting engineers or agents, or mailed to the
Developer by certified mail at the following address: 2001 Southeast 10 Street, Bentonville, Arkansas
72712, Attention: Real estate Manager, Store #5992; with a copy to Kimley -Horn and Associates, Inc.,
attention: Luke Payne, 2550 University Avenue West, Suite 238N, Saint Paul, Minnesota 55114. Notices
to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the
City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195
Holyoke Avenue, Lakeville, Minnesota 55044.
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Signature pages follow.]
21 LKVL:LAKEVILLE COMMERCE CENTER THIRD ADD.
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(SEAL)
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
CITY OF LAKEVILLE
BY:
AND
Mark Bellows, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
2011, by Mark Bellows and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
NOTARY PUBLIC
157688v02 22 LKVL:LAKEVILLE COMMERCE CENTER THIRD ADD.
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STATE OF ARKANSAS )
( ss.
COUNTY OF BENTON )
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
RNK:srn
DEVELOPER:
WAL -MART REAL ESTATE BUSINESS
TRUST
BY:
John Clarke
Its: Regional Vice President, Design and Real Estate
The foregoing instrument was acknowledged before me this day of ,
2011, by John Clarke the Regional Vice President, Design and Real Estate of WaI -Mart Real Estate
Business Trust, a Delaware statutory trust, on its behalf.
NOTARY PUBLIC
157688v02 23 LKVL:L KEvi LE COMMERCE CENTER THIRD ADD.
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Exhibit A
Permitted Encumbrances
1. Real estate taxes for 2012 and payable in the year 2012 and thereafter.
2. Levied and pending special assessments hereafter levied.
3. Terms and conditions of that certain Development Contract (Developer Installed Improvements) by
and between the City of Lakeville and Lakeville Land, Ltd. dated November 7, 1988, filed November
24, 1989, as Document No. 914126.
4. Terms and conditions of that certain Development Contract (Developer Installed Improvements) by
and between the City of Lakeville and Tollefson Development, Inc. dated May 5, 2005, filed June 2,
2005, as Document No. 2327054.
5. Restrictions, covenants and conditions contained in that certain Declaration of Covenants, Conditions
and Restrictions dated May 9, 1997, filed May 28, 1997, as Document No. 1422893 as amended by
Declaration of Covenants, Conditions and Restrictions dated October 15, 1998, filed February 18,
1999, as Document No. 1580119 and as corrected by Corrective Declaration of Covenants,
Conditions and Restrictions dated June 25, 2003, filed July 1, 2003, as Document No. 2072626,
which contain no forfeiture provision.
6. Utility and drainage easement(s) as shown on the recorded plat of Lakeville Commerce Center.
7. Utility and drainage easement(s) as shown on the recorded plat of Lakeville Commerce Center 2nd
Addition.
8. No right of access exists from premises to Interstate Highway no. 35. Right of access was acquired
by the State of Minnesota as evidenced by Document No. 418361.
9. Easement for off take ditch purposes over part of the premises in favor of the State of Minnesota as
evidenced by Final Certificate filed as Document No. 418361.
10. Easement for electric transmission line purposes over part of the premises together with incidental
rights granted to Northern States Power Company, as evidenced by Instrument dated November 24,
1964, filed November 25, 1964, as Document No. 314663 in Book 76 of Miscellaneous, page 450, as
partially released by Partial Release of Easement dated February 24, 1967, filed May 4, 1967, as
Document No. 337921 in Book 81 of Miscellaneous, page 389. Northern States Power Company, a
Minnesota corporation, has merged into Xcel Energy Inc. of record. Xcel Energy Inc. has assigned
the above easement to Northern States Power Company, a Minnesota corporation, by Assignment
dated December 29, 2000, filed August 23, 2001, as Document No. 1805118.
11. Final Certificate, for the taking of certain lands for highway purposes, dated April 11, 2011, recorded
April 12, 2011 as Document No. 2795939.
12. The following matters as disclosed by ALTA/ACSM survey prepared by Sunde Land Surveying,
under Project No. 2010 -289 dated January 19, 2011, last revised March 29, 2011:
a. Encroachment storm sewer outside easement in the northerly portion of the property;
b. Rights of the state and the public in and to the wetlands as shown.
157688v02 LKVL:LAKEvILLE COMMERCE CENTER THIRD ADD.
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;
1
CITY OF LAKEVILLE
PARKS, RECREATION & NATURAL RESOURCES COMMITTEE
Meeting Minutes for May 18, 2011
EM 1 Call to order
Me ting was called to order at 6:00 p.m.
ITEM Roll call of members
Present: Tom Goodwin, Scott Kelly, Howard Lovelace, Jeanne Peterson, Bob Swan
Judy Hayes
Absent: att Dinslage, Jerry Zell
Staff Present: P ks & Recreation Director Steve Michaud, Recording Secretary Patty Ruedy
ITEM 3 Appr al of the May 4, 2011 meeting minutes
The Parks, Recreatio & Natural Resources Committee meeting minutes were approved with
amendment to Item Rinks. Kelly voted nay because he thought committee had enough
information to make a decis in.
ITEM 4 Citizen comme
There no citizens present.
ITEM 5 Staff Report
Staff referred to the report in the com , ittee packet. Goodwin inquired about street sweeping at
Orchard Lake. Staff replied that the City do, not use sand anymore so it may not be as much of an
issue in sensitive areas. Streets Department s•-ff confirmed this and will be sweeping around Orchard
Lake within the next two weeks.
ITEM 6 Ice rinks
Staff responded to several additional items concerning ating season operations:
1. Rink cost: When operating at full capacity, meaning 1 rink sites, the average cost per site with a
permanent building is approximately $7,700. To operate . rink with a rented portable shelter, the
cost is approximately $8,700.
2. How attendance is taken at each site: Our process for cou ing has been the same for several
years. Each warming house attendant takes a headcount at the top of each hour during a given
shift. At the end of the shift the accumulated number is the estima.-d count for the day.
3. How much hockey play is scheduled at the existing indoor arenas . d the outdoor ice rinks: The
indoor arenas are booked solid throughout the regular hockey season t appears from our records
that approximately 64% of the time available for outdoor hockey pract . es are used by Lakeville
hockey teams. Usage is not available for Farmington and Apple Valley.
Staff recommends rink locations currently open are still the optimal sites to rem :'n open based on
location and usage. Goodwin wants City Council to be aware that there are less p -•ple using rinks
since we closed five sites in 2009 -2010.
(11.11) Motion made by Goodwin, seconded by Lovelace to suggest to City Council t• consider
reopening Cherryview and Highview Heights rinks for the 2011 -2012 season to accommoda - more
skaters.
ITEM 7 Lakeville Commerce Center 3' Addition (Walmart) preliminary and final plat
Walmart Real Estate Business Trust has submitted a preliminary and final plat for one commercial lot
and one outlot to be known as Lakeville Commerce Center 3r Addition. The proposal recommends
Parks, Recreation & Natural Resources Committee Meeting Minutes, May 18, 2011 Page 2
the construction of a single Walmart store at this site. The site is located along Keokuk Ave., south of
205 Street, and directly east of the existing Mann Theaters parking lot. The original Lakeville
Commerce Center consisting of several outlots paid 100% of their park dedication requirement
several years ago. In consideration of this, there is no park dedication required of this project.
Goodwin inquired about an underwater storm water system. It will be the same system used at Cub.
(11.12) Motion made by Goodwin, seconded by Peterson to recommend City Council consider
approval of the preliminary and final plat of one commercial lot known as Lakeville Commercial Center
3 Addition for the construction of a proposed Walmart store which includes construction of a
standard 8' concrete sidewalk along the entire length of the project property, including the portion
between the northwest corner of Walmart's property to 205 Street where existing trails are located.
Finally, the developer is required to follow other recommendations outlined in the Planning and
Engineering reports as they pertain to this plat. The developer is also required to follow the natural
resources requirement detailed in the Planning and Engineering reports associated with tree
preservation, grading, drainage, and erosion control and further recommendations by the Dakota
County Soil and Water Conservation District, if applicable.
Ayes -5 Nays -0
bon - cutting for wayfinding system: Staff reported that the Pedal the Parks group is planning
thei -vent on Saturday, September 24. Tentatively, Antlers Park has been chosen as the location of
their e -nt which could coincide with a ribbon - cutting ceremony for the wayfinding systems in
Lakeville. -ff will provide more details to the committee as they become available.
• Free wireless in - net: Staff contacted SORR member cities and inquired about wifi at their park
facilities. General c sensus was no one offered wifi in their park buildings. Staff also contacted
major athletic organiz. ons and confirmed that they do not need hard lines into park buildings.
Based on this information -nd upon a staff review of phone system, staff is considering adjusting
phone service in park buildin
Judy Hayes arrived at 6 :32 p. m.
• Pickle ball: Staff reported that Bunker Park and East Community Parks will be striped for pickle
ball as maintenance staff schedules permit. tall is also looking into the possibility of a pickle ball
tournament in the fail with other SORR cities. = •ple Valley and Burnsville currently have pickle ball
courts.
ITEM 9 New business
There were no items to discuss.
ITEM 10 Announcements
Next Parks, Recreation & Natural Resources Committee meeting, June 1, 011
ITEM 11 Adjourn
Meeting adjourned at 7:00 p.m.
cff Ily.submi
IV
P -tty Rued ,,``Recording Se
v
ATTEST:
Kelly, Chair
CITY OF LAKEVILLE
Planning Commission Meeting Minutes
MAY 19, 2011
The May 19, 2011 Planning Commission meeting was called to order by Chair Davis
in the City Hall Council Chambers at 6:00 p.m.
Flag pledge and roll call of members:
Present: Chair Davis
Vice Chair Lillehei
Commissioner Boerschel
Commissioner Drotning
Commissioner Grenz
Alternate Commissioner Blee
Absent: Secretary Adler
Commissioner Maguire
Ex- officio Fitzhenry
Staff Present: Daryl Morey, Planning Director; David Olson, Community &
Economic Development Director; Allyn Kuennen, Associate Planner;
Zach Johnson, Assistant City Engineer; Andrea Poehler, Assistant City
Attorney; and Penny Brevig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING MINUTES:
The May 5, 2011 Planning Commission meeting minutes were approved as
presented.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey stated that the following items were distributed to the Planning
Commission at tonight's meeting:
1. Draft minutes from the May 18, 2011 Parks, Recreation and Natural
Resources Committee meeting regarding the Lakeville Commerce Center
3rd Addition.
2. Letter from Dale Properties, who own land north of the proposed
Walmart site, in support of the proposed Walmart.
ITEM 5. LAKEVILLE COMMERCE CENTER 3RD ADDITION (WALMART)
Chair Davis opened the public hearing to consider the application of Kimley -Horn
& Associates for the following, located south of 205th Street, east of Keokuk Avenue,
north of 210th Street (CSAH 70) and west of Interstate 35: A. Preliminary and final
plat of one commercial lot and one outlot to be known as Lakeville Commerce
Center 3rd Addition for the construction of a proposed Walmart store; and B.
Vacation of public drainage and utility easements. The Recording Secretary
Planning Commission Meeting
May 19, 2011
Page 2
attested that the legal notice had been duly published in accordance with State
Statutes and City Code.
William D. Matzek, from Kimley -Horn & Associates and Jackolyn A. Cook - Haxby,
with SAIC Company, presented an overview of their request.
Mr. Matzek stated that Kimley -Horn & Associates are representing Walmart and
have submitted a preliminary and final plat for one commercial lot and one outlot
for the construction of a proposed Walmart store. They have also submitted an
application to vacate existing drainage and utility easements within the site.
Mr. Matzek reviewed the preliminary and final plat and discussed the details of the
site, grading, utility and landscape plans. Mr. Matzek also reviewed the easement
vacation request and the dedication of the wetland area to the City within Outlot A.
Ms. Cook -Haxby presented the details regarding the exterior building materials of
the store and the general architecture of the building including the sight line study
to insure the roof top mechanicals will not be visible from I -35 or from Keokuk
Avenue. She also discussed some of Walmart's energy conservation and recycling
policies during the construction process as well as on -going programs within the
store after it has opened.
Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen
indicated that Walmart is the first site to be reviewed under the updated
landscaping and exterior building standards as adopted by the City Council in
2010. He stated that Walmart does comply with the updated exterior building and
landscaping standards as well as all the other performance standards required for
development in the C -3, General Commercial District. Mr. Kuennen indicated that
Walmart has submitted a comprehensive sign plan for the site, which also complies
with the Zoning Ordinance requirements.
Mr. Kuennen further stated the City required a Traffic Impact Analysis (TIA) be
completed for the proposed Walmart development to determine if any
improvements to the transportation system are needed. The TIA that was prepared
by Kimley -Horn and Associates and was reviewed by SRF, the City's transportation
consultant, and they confirmed Kimley -Horns findings as outlined in the
Engineering staff report dated May 12, 2011. The developer has agreed to post a
$75,000 cash escrow with the City toward future roadway improvements at the
intersection of Kenrick Avenue and 205th Street.
Mr. Kuennen stated that should the Planning Commission recommend approval of
the preliminary and final plat and easement vacation, Planning Department staff
Planning Commission Meeting
May 19, 2011
Page 3
recommends approval subject to the 10 stipulations listed in the May 12, 2011
planning report.
Chair Davis opened the hearing to the public for comment.
Robert Powell, 11774 205t Street W.
Mr. Powell asked about the parking lot lighting.
Todd Bornhauser, Executive Director of the Chamber of Commerce
Mr. Bornhauser commented that the chamber, while not specifically supporting
Walmart, is in support of commercial development in general within the City. With
the interchange improvements at County Road 70, Mr. Bornhauser stated that this
type of development is exactly what the Chamber was hoping for.
11.26 Motion was made and seconded to close the public hearing at 6:21 p.m.
Ayes: Boerschel, Lillehei, Davis, Blee, Grenz, Drotning.
Nays: 0
In response to Mr Powell's question Mr. Kuennen presented the photometric plan
which was submitted by the applicant. He stated that stipulation 6 listed in the
Planning Department staff report indicates that the photometric plan must be
revised to reduce the overall height of the light poles in the parking lot from 40 feet
to 35 feet or less. Other than this revision, the photometric plan for the site meets
the requirements of the Zoning Ordinance.
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
• Commissioner Boerschel commented that the exterior of the Walmart
building looks great. However, he questioned the construction of the brick
planter at the base of the sign and asked if the pole of the sign could be
wrapped in brick in lieu of the brick planted at the base. Ms. Cook -Haxby
agreed to consider designing a brick pole to hold the monument sign rather
than installing the plantings and brick base at the base of the pole.
• Commissioner Grenz commented on the articles he saw in the newspaper
regarding the wetlands located on the subject site. Chair Davis asked staff to
confirm that City Council approved the wetland replacement plan. Assistant
City Engineer Zach Johnson stated that a wetland delineation was prepared
by the applicant in conjunction with the proposed development of the
property. The wetland replacement plan was approved by City Council on
Planning Commission Meeting
May 19, 2011
Page 4
March 7, 2011. Mr. Johnson indicated that a detailed review of the wetland
replacement application is included in the May 12, 2011 Engineering report.
• Commissioner Grenz confirmed with Mr. Johnson that the Lakeville Theatre
parking lot drains into the same wetland as the Walmart parking lot.
• Commissioner Blee asked the applicant to comment on the parking lot and
egress /ingress locations. Mr. Matzek stated that it has all been designed to
meet Zoning Ordinance standards, including the drive isles and parking stall
dimensions. He indicated that there will be turn lanes constructed on
Keokuk Avenue for all three entrances.
• Commissioner Lillehei commented on the new LED style lighting for the
parking lot. He asked if they are shielded the same way as traditional lights.
Mr. Matzek indicated that the exterior lighting is downcast and designed not
to exceed the one foot candle lighting intensity at the property line. The
lights can be shielded in the future if needed.
• Commissioner Lillehei confirmed that the pylon sign will be positioned to be
seen from I -35.
11.27 Motion was made and seconded to recommend to City Council approval of the
Lakeville Commerce Center 3 Addition preliminary and final plat and easement
vacation, subject to the following 10 stipulations:
1. The recommendations outlined in the May 12, 2011 Engineering report.
2. The recommendations of the Park, Recreation & Natural Resources
Committee.
3. The site shall be developed according to the plans approved by the City
Council.
4. A security in the amount of $200,000 is to be submitted prior to the release of
the final plat mylars to guarantee the installation of the landscaping per the
approved plan.
5. A sign permit must be obtained prior to the installation of any signage.
6. The photometric plan must be revised to reduce the overall height of the
light poles to 35 feet or less.
7. Snow storage must be accommodated in the green space areas around the
perimeter of the property, or must be taken off site.
8. The developer must submit a $2,500 security for tree preservation within Lot
1 and Outlot A.
9. A $75,000 cash escrow must be submitted to the City for the future
construction of a round -about at 205th Street and Kenrick Avenue.
10. An eight -foot wide concrete sidewalk must be constructed at the developer's
expense on the east side of Keokuk Avenue and connect to the trail on the
south side of 205th Street.
June 2, 2011 Item No.
JUNE 6, 2011 CITY COUNCIL MEETING
LAKEVILLE COMMERCE CENTER 3 ADDITION PRELIMINARY PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the preliminary plat of Lakeville
Commerce Center 3rd Addition subject to the 10 stipulations recommended by the Planning
Commission.
Adoption of this motion will approve the preliminary plat of one commercial lot and one outlot.
Overview
Kimley -Hom & Associates representing Walmart Real Estate Business Trust has submitted a
preliminary and final plat of one commercial lot and one outlot to be known as Lakeville Commerce
Center Third Addition for the construction of a proposed Walmart store. The developer has also
submitted an application to vacate existing drainage and utility easements within the site. The
proposed preliminary and final plat and easement vacation are located on 15.94 acres on the east side
of Keokuk Avenue, south of 205 Street, north of 210 Street (CSAH 70) and west of Interstate 35.
At their May 19, 2011 meeting, the Planning Commission held a public hearing to consider the
preliminary and final plat and easement vacation request. There was one adjacent resident in
attendance that addressed the Planning Commission with a question regarding the lighting for the site.
Staff reviewed the photometric plan for the site in response to the question. The Planning Commission
unanimously recommended approval of the preliminary and final plat and the easement vacation
request contingent on the stipulations listed in the May 12, 2011 Planning Report as amended.
Primary Issues to Consider
Why has the applicant requested that City Council only consider the preliminary plat at this time?
• In an effort to expedite the review process staff provided the applicant with the option to combine
the preliminary and final plat and easement vacation review. The applicant chose this option for the
Planning Commission review but has requested that only the preliminary plat be reviewed by the
City Council at this time to give them an opportunity to finalize the development contract as well as
revise the final site, grading and stormwater management plans as needed. The applicant is
anticipating that the final plat, easement vacation and development contract will be brought before
the City Council in July.
Have the photometric plan and the comprehensive sign plan been revised to address the conditions
listed in the May 12, 2011 Planning Report and as recommended by the Planning Commission at the
May 19 meeting?
• The applicant has indicated that prior to final plat approval the photometric plan will be revised to
show the light pole to be a maximum height of 35 feet and the comprehensive sign plan will be
revised to show a brick wrap around the metal support pole for the monument sign.
Supporting Information
• May 19, 2011 Draft Planning Commission meeting minutes.
• May 18, 2011 Draft Parks, Recreation and Natural Resources Committee meeting minutes.
• May 12, 2011 Planning and Engineering Reports.
May 26, 2011 Letter from Walmart representative.
6
Ally uennen, Associate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):Zoninq and Subdivision Ordinances
Notes:
The May 19, 2011 Planning Commission meeting was called to order by Chair
Davis in the City Hall Council Chambers at 6:00 p.m.
Flag pledge and roll call of members:
Present: Chair Davis
Vice Chair Lillehei
Commissioner Boerschel
Commissioner Drotning
Commissioner Grenz
Alternate Commissioner Blee
Absent: Secretary Adler
Commissioner Maguire
Ex- officio Fitzhenry
Staff Present Daryl Morey, Planning Direclt..;; avid Olson, Community &
Economic Developm iat..Director; A Kuennen, Associate Planner;
Zach Johnson, Assis ii ` Enginee r: Andrea Poehler, Assistant
City Attorney; and Pe ny Brev g ,Record'u g.Secre
ITEM 3. APPROVAL M INUTE
The May 5, 201
presented.
ITEM 4. „ O'U iNE
CITY OF LAKEVILLE
Planning Commission Meeting Minutes
MAY 19, 2011
Comrriission at tonight`s °:%meeting '`
meeting minutes were approved as
Mr f° grey stated tl : the ' ci]lowing items were distributed to the Planning
1. Dra;;,rninutea: ;tom the May 18, 2011 Parks, Recreation and Natural
Resouc r Coinittee meeting regarding the Lakeville Commerce Center
3rd Add fits `
2. Letter from Dale Properties, who own land north of the proposed
Walmart site, in support of the proposed Walmart.
ITEM 5. LAKEVILLE COMMERCE CENTER 3RD ADDITION (WALMART)
Chair Davis opened the public hearing to consider the application of Kimley -Horn
& Associates for the following, located south of 205th Street, east of Keokuk
Avenue, north of 210th Street (CSAH 70) and west of Interstate 35: A. Preliminary
and final plat of one commercial lot and one outlot to be known as Lakeville
Commerce Center 3rd Addition for the construction of a proposed Walmart store;
ern No,
and B. Vacation of public drainage and utility easements. The Recording Secretary
attested that the legal notice had been duly published in accordance with State
Statutes and City Code.
William D. Matzek, from Kimley -Horn & Associates and Jackolyn A. Cook - Haxby,
with SAIC Company, presented an overview of their request.
Mr. Matzek stated that Kimley -Horn & Associates are resenting Walmart and
have submitted a preliminary and final plat for one co ` '' '
n�,ra.�rcial lot and one outlot
for the construction of a proposed Walmart store.ehave also submitted an
application to vacate existing drainage and utility easenierits within the. site
Mr. Matzek reviewed the preliminary and find: at and discuss &atithe details of the
site, grading, utility and landscape plans., . Tr Matzek also reviewed;nthe easement
vacation request and the dedication of the wetland area'to the City wig Outlot A.
Ms. Cook -Haxby presented the details regarding, exterior building materials of
the store and the general archite&are of the buildin, including the sight line study
to insure the roof top mechanicals : v visibli✓ ;: :from I -35 or from Keokuk
Avenue. She also discussed some o W almartf energyfv pservation and recycling
policies during the construction prose as.:; ell as . ; ;on -going programs within the
store after it has openea'''-s" f`.......
Planning Commission Meeting
May 19, 2011
Page 2
Associate Planner,:; llyn Kuenen presened the planning report. Mr. Kuennen
indicated that Waa7.a art issi .° sS,t,;,..site ;i;to be reviewed under the updated
landscaping acrd. extern ; tiilding s:=' aids as adopted by the City Council in
2010. ate Waliaxt does comply with the updated exterior building and
land g standarCi as W4',0: all the other performance standards required for
deve1 - anent in the C- Genera ,Commercial District. Mr. Kuennen indicated that
WalmartAas submitted` comprehensive sign plan for the site, which also complies
with the id.xr ag Ordi requirements.
tle� nari;
Mr. Kuennen et°Psiated the City required a Traffic Impact Analysis (TIA) be
completed for tl '' proposed Walmart development to determine if any
improvements to the transportation system are needed. The TIA that was prepared
by Kimley -Horn and Associates and was reviewed by SRF, the City's transportation
consultant, and they confirmed Kimley -Horns findings as outlined in the
Engineering staff report dated May 12, 2011. The developer has agreed to post a
$75,000 cash escrow with the City toward future roadway improvements at the
intersection of Kenrick Avenue and 205th Street.
Mr. Kuennen stated that should the Planning Commission recommend approval of
the preliminary and final plat and easement vacation, Planning Department staff
recommends approval subject to the 10 stipulations listed in. the May 12, 2011
planning report.
Chair Davis opened the hearing to the public for comment.
Robert Powell, 11774 205th Street W.
Mr. Powell asked about the parking lot lighting.
Todd Bornhauser, Executive Director of the Chamber,•: i ommerce
Mr. Bornhauser commented that the char r, while not specifically supporting
Walmart, is in support of commercial d';eiopment::,, general wig. the City.
With the interchange improvements at Count oad ° .'Mr. Bornhauser' stated that
this type of development is exactly what the Ch& er' was hoping for
.,�.; : �.
11.26 Motion was made and seconded t ®elose:he_public hearing at 6:21 p.m.
Ayes: Boerschel, Lillehei, Davis, B1e0, Greriz;Drotni
Nays: 0
Planning Commission Meeting
May 19, 2011
Page 3
In response to Mr '0tivell's gision M uennen presented the photometric plan
which was subnd by the,plicant. stated that stipulation 6 listed in the
Planning Departtrigiikg_afffi4:',;:iMV the photometric plan must be
revised t9 ,r du e the o ``height of th .1 ght poles in the parking lot from 40 feet
to 35 fee°�`r` g d th Van. this revision, the photometric plan for the site meets
the 43,e4t irements o orikkprdinance.
Chair Davis asked for co.iments°from the Planning Commission. Discussion points
were: ;rf,, ::.•...
• CommissialiA oerschel commented that the exterior of the Walmart
building loo great. However, he questioned the construction of the brick
planter at the base of the sign and asked if the pole of the sign could be
wrapped in brick in lieu of the brick planted at the base. Ms. Cook -Haxby
agreed to designing a brick pole to hold the monument sign rather than
installing the plantings and brick base at the base of the pole.
• Commissioner Grenz commented on the articles he saw in the newspaper
regarding the wetlands located on the subject site. Assistant City Engineer
Zach Johnson stated that a wetland delineation was prepared by the
applicant in conjunction with the proposed development of the property.
The wetland replacement plan was approved by City Council on March 7,
2011. Mr. Johnson indicated that a detailed review of the wetland
replacement application is included in the May 12, 2011 Engineering report.
• Commissioner Grenz confirmed with Mr. Johnson that the Lakeville Theatre
parking lot drains into the same wetland as the Walmart parking lot.
• Commissioner Blee asked the applicant to comment on the parking lot and
egress /ingress locations. Mr. Matzek stated that it has all been designed to
meet Zoning Ordinance standards, including the driwiisies and parking stall
dimensions. He indicated that there will be lanes constructed on
Keokuk Avenue for all three entrances.
• Commissioner Lillehei commented on the iiew LED.f Lyle lighting for the
parking lot. He asked if they are shielded: ie same way s j traditional lights.
Mr. Matzek indicated that the exterior Ling is downcast,aiid designed not
a: •a. a �: tx
to exceed the one foot candle light intensity at the pro arty line. The
lights can be shielded in the future i *ceded. p
• Commissioner Lillehei confirmed that the. p to i sign will be positioned to be
seen from I -35.
3. Tks'
°vncil.
11.27 Motion was made and seconded`"* reco rend to`` y Council approval of the
Lakeville Commerce Center 3rd Add ion pr' a hmary and final plat and easement
vacation, subject to the e #ollow.ing 10 sti,ulatiis:'
Planning Commission Meeting
May 19, 2011
Page 4
1. The recom . 'r d.ations o; lined in` e . May 12, 2011 Engineering report.
;
a •
2. The recom endations.: f the Paf1c, Recreation & Natural Resources
Committee.
eloped accxeluzg to the plans approved by the City
security in" :0; ;:amoua ..of $200,000 is to be submitted prior to the release of
final plat m ,01:s tog arantee the installation of the landscaping per the
aittoyed plan. ;
5. A sig: aermit mute obtained prior to the installation of any signage.
6. The p? omnetrile (an must be revised to reduce the overall height of the
light poles 3 feet or less.
7. Snow storage= must be accommodated in the green space areas around the
perimeter of the property, or must be taken off site.
8. The developer must submit a $2,500 security for tree preservation within Lot
1 and Outlot A.
9. A $75,000 cash escrow must be submitted to the City for the future
construction of a round -about at 205th Street and Kenrick Avenue.
10. An eight -foot wide concrete sidewalk must be constructed at the developer's
expense on the east side of Keokuk Avenue and connect to the trail on the
south side of 205th Street.
Ayes: Lillehei, Davis, Blee, Grenz, Drotning, Boerschel.
Nays: 0
There being no further business, the meeting was adjourned at 6:33 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary 6/02/11
ATTEST:
Bart Davis, Chair 6/02/11
Planning Commission Meeting
May 19, 2011
Page 5
CITY OF LAKEVILLE
PARKS, RECREATION & NATURAL RESOURCES COMMITTEE
Meeting Minutes for May 18, 2011
ITEM 1 CaII to order
Meeting was called to order at 6:00 p.m.
ITEM 4 Citizen comments
There no citizens present.
DRAFT
ITEM 2 Roll call of members
Present: Tom Goodwin, Scott Kelly, Howard Lovelace, Jeanne Peterson, Bob Swan
Judy Hayes
Absent: Matt Dinslage, Jerry Zell
Staff Present: Parks & Recreation Director Steve Michaud, Recording Secretary Patty Ruedy
ITEM 3 Approval of the May 4, 2011 meeting minutes
The Parks, Recreation & Natural Resources Committee meeting minutes were approved with
amendment to Item #9- Rinks. Kelly voted nay because he thought committee had enough
information to make a decision.
ITEM 5 Staff Report
Staff referred to the report in the committee packet. Goodwin inquired about street sweeping at
Orchard Lake. Staff replied that the City does not use sand anymore so it may not be as much of an
issue in sensitive areas. Streets Department staff confirmed this and will be sweeping around Orchard
Lake within the next two weeks.
ITEM 6 Ice rinks
Staff responded to several additional items concerning skating season operations:
1. Rink cost: When operating at full capacity, meaning 11 rink sites, the average cost per site with a
permanent building is approximately $7,700. To operate a rink with a rented portable shelter, the
cost is approximately $8,700.
2. How attendance is taken at each site: Our process for counting has been the same for several
years. Each warming house attendant takes a headcount at the top of each hour during a given
shift. At the end of the shift the accumulated number is the estimated count for the day.
3. How much hockey play is scheduled at the existing indoor arenas and the outdoor ice rinks: The
indoor arenas are booked solid throughout the regular hockey season. It appears from our records
that approximately 64% of the time available for outdoor hockey practices are used by Lakeville
hockey teams. Usage is not available for Farmington and Apple Valley.
Staff recommends rink locations currently open are still the optimal sites to remain open based on
location and usage. Goodwin wants City Council to be aware that there are less people using rinks
since we dosed five sites in 2009 -2010.
(11.11) Motion made by Goodwin, seconded by Lovelace to suggest to City Council to consider
reopening Cherryview and Highview Heights rinks for the 2011 -2012 season to accommodate more
skaters.
Ayes -5 Nays -0
ITEM 7 Lakeville Commerce Center 3' Addition (Walmart) preliminary and final plat
Walmart Real Estate Business Trust has submitted a preliminary and final plat for one commercial lot
and one outiot to be known as Lakeville Commerce Center 3rd Addition. The proposal recommends
Parks, Recreation & Natural Resources Committee Meeting Minutes, May 18, 2011 Page 2
the construction of a single Walmart store at this site. The site is located along Keokuk Ave., south of
205 Street, and directly east of the existing Mann Theaters parking lot. The original Lakeville
Commerce Center consisting of several outlots paid 100% of their park dedication requirement
several years ago. In consideration of this, there is no park dedication required of this project.
Goodwin inquired about an underwater storm water system. It will be the same system used at Cub.
(11.12) Motion made by Goodwin, seconded by Peterson to recommend aty Council consider
approval of the preliminary and final plat of one commercial lot known as Lakeville Commercial Center
3 Addition for the construction of a proposed Walmart store which indudes construction of a
standard 8' concrete sidewalk along the entire length of the project properly, including the portion
between the northwest comer of Walmart's property to 205 Street where existing trails are located.
Finally, the developer is required to follow other recommendations outlined in the Planning and
Engineering reports as they pertain to this plat. The developer is also required to follow the natural
resources requirement detailed in the Planning and Engineering reports associated with tree
preservation, grading, drainage, and erosion control and further recommendations by the Dakota
County Soil and Water Conservation District, if applicable.
Ayes -5 Nays -0
ITEM 8 Unfinished business
• Ribbon - cutting for wayfinding system: Staff reported that the Pedal the Parks group is planning
their event on Saturday, September 24. Tentatively, Antlers Park has been chosen as the location of
their event which could coincide with a ribbon - cutting ceremony for the wayfinding systems in
Lakeville. Staff will provide more details to the committee as they become available.
• Free wireless Internet: Staff contacted SORR member cities and inquired about wifi at their park
facilities. General consensus was no one offered wifi in their park buildings. Staff also contacted
major athletic organizations and confirmed that they do not need hard lines into park buildings.
Based on this information and upon a staff review of phone system, staff is considering adjusting
phone service in park buildings.
Judy Hayes arrived at 6 :32 p.m.
• Pickle ball: Staff reported that Bunker Hill Park and East Community Parks will be striped for pickle
ball as maintenance staff schedules permit. Staff is also looking into the possibility of a pickle ball
tournament in the fall with other SORR cities. Apple Valley and Bumsville currently have pickle ball
courts.
ITEM 9 New business
There were no items to discuss.
ITEM 10 Announcements
Next Parks, Recreation & Natural Resources Committee meeting, June 1, 2011
ITEM 11 Adjourn
Meeting adjourned at 7:00 p.m.
Respectfully submitted, ATTEST:
Patty Ruedy, Recording Secretary Scott Kelly, Chair
Memorandum
To: '/ Planning Commission
From: 6 L • Allyn Kuennen, AICP
Associate Planner
May 12, 2011.
Date:
Subject:
Packet Material for the May 19, 2011 Planning Commission
Meeting.
Agenda Item: Lakeville Commerce Center Third Addition.
Application Deadline: August 8, 2011
BACKGROUND INFORMATION:
Kimley -Horn & Associates representing Walmart Real Estate Business Trust has submitted a
preliminary and final plat of one commercial lot and one outlot to be known as Lakeville
Commerce Center Third Addition for the construction of a proposed Walmart store. The
developer has also submitted an application to vacate existing drainage and utility easements
within the site. The proposed preliminary and final plat and easement vacation are located on
15.94 acres on the east side of Keokuk Avenue, south of 205 Street, north of 210 Street
(CSAH 70) and west of Interstate 35.
The proposed 152,000 square foot Walmart store will be located along the north side of the
property with the parking lot located towards the south. Access for the property will be from
three points along Keokuk Avenue. The exterior construction of the store will be a combination
of brick, EFTS, glass and steel. The store will include general merchandise and groceries but
will not include a garden center, auto center or drive -up pharmacy.
The Lakeville Commerce Center Third Addition plans have been distributed to Engineering
Department staff and the Parks, Recreation and Natural Resources Committee for their review
and comment. The following exhibits are attached for your review:
Exhibit A — Location and Zoning Map
Exhibit B — Demolition Plan /Existing Conditions
Exhibit C — Preliminary Plat
Exhibit D — Final Plat
Exhibit E — Site Plan
Exhibit F — Grading, Drainage & Erosion Control Plan
Exhibit G — Utility Plan
Exhibit H — Landscape Ran
Exhibit I — Tree Preservation Plan
Exhibit J — Photometric Plan
Exhibit K — Building Elevation Plans
Exhibit L — Easement Vacation Plans
item No.
City of Lakeville
Planning Department
Direction
Land Use Plan
Zoning Map
Existing Use
North
Commercial
C -3, General Commercial
Office Building
South
Commercial
C -3, General Commercial
Restaurant
East
Commercial
C -3, General Commercial
1 -35 and Undeveloped
Movie Theater
West
Commercial
C -3, General Commercial
Yard
Side
Rear
Parking (front)
Parking (side /rear)
,
Setbac
30'
10'
10'
15'
5'
Project Analysis:
Existing Conditions. The parcel was previously rough graded and was platted as Outlot B
with the Lakeville Commerce Center 2 " Addition plat. Outlot B includes several drainage and
utility easements around the perimeter that are proposed to be vacated. The property includes
a delineated wetland area along the east and south property line with a scattering of trees
throughout the site. The property is also adjacent to a regional storm water basin along the
north property line.
Comprehensive Plan. The 2008 Comprehensive Land Use Plan guides this area to be
developed as Commercial. The proposed Walmart store is consistent with District 6
recommendations of the Comprehensive Land Use Plan.
Zoning. The property is zoned C -3, General Commercial District. A retail use such as the
proposed Walmart retail store is a permitted use within the C -3 District.
MUSA. The proposed preliminary and final plat for Lakeville Commerce Center Third Addition
is within the current MUSA and can be serviced with existing utilities.
Surrounding Land Uses. The table below identifies planned and existing uses adjacent to the
proposed development:
Premature Subdivision Criteria. A preliminary and /or final plat may be deemed premature if
any of the criteria listed in Chapter 10 -2 -4 -1 of the Subdivision Ordinance exist. Five criteria
pertain to a lack of adequate: drainage, water, streets, sanitary sewer, and public service
capacity (schools, police, fire protection). The other pertinent criteria pertain to inconsistencies
with the City Comprehensive Land Use and Capital Improvement Plans. Staff review of the
preliminary and final plat against these criteria finds that it is not a premature subdivision.
Lot Requirements. Lots within the C -3 District must have a minimum area of 20,000 square
feet and 100 feet of lot width as measured at the front setback line. The overall lot size of
Lakeville Commerce Center Third Addition is 15.94 acres. The lot width at the front setback line
along Keokuk Avenue is over 1,300 feet. The preliminary and final plats exceed the
requirements for lot area and width.
Outlots. The preliminary and final plat proposes Outlot A which includes the wetland area
along the east and south property line that is being dedicated to the City.
Setbacks. Setbacks for buildings and parking within the C -3, General Commercial District are:
The building and parking comply with the setback standards.
2
Building Design /Height. The exterior construction of the building includes brick, EFTS, metal
and glass materials in an earth tone color pallet that will compliment existing buildings adjacent
to the site. The architecture of the building will include glass and metal atriums at the entrances
and exits to the store as well as prefinished black awning accents above the adjacent windows.
The front of the store will also include brick planter boxes and an area for bicycle parking. The
mechanical equipment located on the west side of the building and along the rear of the building
will be screened with brick walls and metal mesh screening that compliments the exterior
construction of the building. The building elevation drawings also show the location of all
rooftop mechanicals which are screened from view from the right of way and adjacent property.
The overall height of the building is approximately 31 feet which meets the requirements of the
Zoning Ordinance. The proposed exterior building materials meet all the commercial exterior
finish requirements of the Zoning Ordinance update.
Landscaping. An extensive landscape plan has been submitted for the site that includes a mix
of deciduous trees with a row of bushes along Keokuk Avenue adjacent to the parking lot. The
landscape plan also shows trees and shrubs installed within the parking lot islands and within
the wetland area of Outlot A. The applicant is also proposing to install a mixture of deciduous
and evergreen trees around the storm water basin along the north property line and adjacent to
the loading dock area at the rear of the store to screen this area from view from Keokuk
Avenue. A $200,000 financial guarantee must be submitted prior to release of the final plat
mylars to guarantee installation of the landscaping.
Streets. The site is adjacent to Keokuk Avenue which is classified as a major collector roadway.
Keokuk Avenue is constructed as a 44 -foot wide, undivided urban roadway and is striped as a
three lane section with one through lane in each direction and a center continuous two way left
turn lane. There are dedicated right and left turn lanes on Keokuk Avenue at the intersections
with 205th Street and 210th Street (CSAH 70). Keokuk Avenue is within an 80 -foot right -of -way
with concrete sidewalk located on the west side of the street. The applicant is proposing right
turn lane improvements on Keokuk Avenue at each access point into the Walmart site.
Access. The applicant is proposing three access points from Keokuk Avenue. The main
access to the parking lot will aligned with 207 Street on the west side of Keokuk Avenue a
second access to the parking lot will be located along the south property line. The third access
is located at the rear of the store to be used for semi truck deliveries, waste removal and Fire
Department access around the perimeter of the building. All access points meet the minimum
spacing standards of the Zoning Ordinance.
Traffic Study. A Traffic Impact Analysis (TIA) was completed by the Developer and was
reviewed by the City's traffic consultant SRF Consulting Group, Inc. for potential adverse
impacts to critical intersections near the proposed plat. The TIA considered current, 2013, and
future build out traffic conditions for the Lakeville Commerce Center Third Addition as well as
future development in the surrounding area and identified the required intersection geometrics
for each condition. The TIA does not identify the need for improvements to the Keokuk
Avenue /205th Street intersection due to the development of the Lakeville Commerce Center
Third Addition. The intersection will continue to be monitored and evaluated by the City. It is
anticipated that as the area to the south develops the intersection will meet warrants for
additional intersection control such as an all way stop.
The TIA indicates that the development of Lakeville Commerce Center Third Addition does not
in itself necessitate the need for any improvement to the intersection of Kenrick Avenue and
205th Street under any of the proposed traffic conditions. However, as the surrounding areas
develop, improvements to the intersection control for the Kenrick Avenue /205th Street
intersection will likely be required.
3
Floor Area Use
Parking Spaces
Required
Total Area
(SF)
Area with 10%
Reduction
Required
Parking Spaces
Storage
(Warehouse)
1 Space /1,000 SF
16,391 SF
-
16
Retail
Commercial Use
5 Spaces /1,000 SF
133,444 SF
121,306 SF
600
Restaurant,
Drive -in or
Convenience
1 Space /40 SF
1,340 SF
1,206 SF
30
TOTAL
151,175
-
646
Sign
Location
Square Ft.
Walmart w/ Spark Wall Sign
Front Elevation - South Side of Building
298
Walmart w/ Spark Wall Sign
Rear Elevation - North Side of Building
120.68
Market Wall Sign
Front Elevation - Southwest Corner of Building
28.23
Home & Pharmacy Wall Sign
Front Elevation - Southeast Corner of Building
97.53
Walmart w/ Spark 40' Tall
Monument Sign
Southeast Corner of Property
98
TOTAL
642.34
The current draft of the City's capital improvement plan indicates a round -a -bout at this
intersection to address the intersection control issues identified with future developments. The
Developer has agreed to post a $75,000 cash escrow with the City toward the future round -a-
bout construction cost at this intersection. The details regarding the cash escrow are outlined in
the attached May 12, 2011 Engineering Report.
Off - Street Parking. The Zoning Ordinance requires the development to meet the following
parking requirements:
The developer will construct 650 total parking spaces exceeding the minimum number required
by the Zoning Ordinance. The layout of the parking includes 70 degree angled parking within
the center of the parking field with 90 degree parking along the perimeter of the site. All parking
spaces and drive aisles are shown in compliance with the Zoning Ordinance with 70 degree
parking spaces stripped at 9.5 x 21.25 feet with drive aisles at 18.5 feet wide and all 90 degree
parking spaces stripped at 9 x 20 feet with drive aisles at 24 feet wide. All parking complies with
the required 15 foot setback from Keokuk Avenue and 5 foot setback from the south, east and
north property lines.
Snow Storage: Snow storage must be accommodated in the green space areas around the
perimeter of the property, or must be taken off site.
Signs. The Walmart building elevation plans include a comprehensive sign plan showing the
following signage:
The number and size of the proposed exterior wall signs and monument sign as shown on the
building elevation plans meet the minimum performance standards of the Zoning Ordinance. A
permit must be obtained from the City prior to the installation of any signage.
Trash Enclosure and Loading Area. The applicant has identified that a dumpster area,
organic storage area, bale and a pallet storage area will be located at the rear of the building.
The enclosure for this multi -use area is proposed to be constructed out of the same exterior
construction materials as the building and enclosed with maintenance free gates for access.
4
The rear of the building also includes the loading docks and recycling compactor. The multi -use
area, loading docks and recycling compactor are being screened from view from Keokuk
Avenue and from the adjacent properties with a double row of evergreen trees along the loading
area adjacent to Keokuk Avenue and a second double row of evergreen trees along the north
property line.
Trails and Sidewalks. The applicant is proposing to construct an 8 foot wide concrete sidewalk
along the entire length of the Walmart property on the east side of Keokuk Avenue with the
construction of the building. The applicant will extend the 8 foot wide concrete sidewalk from
the Walmart property off their site to the north to provide a connection to an existing trail along
205 Street. The applicant will pay for all costs associated with the construction of the sidewalk.
Park Dedication. The park dedication requirement for the property was satisfied through a
cash contribution paid in 1997.
Easements. The Lakeville Commerce Center Third Addition preliminary plat identifies existing
public drainage and utility easements previously established with the parent parcel, as depicted
on the Lakeville Commerce Center 2 " Addition plat. An easement vacation application has
been submitted to eliminate these existing public drainage and utility easements. The developer
is also coordinating the vacation of an existing off -take ditch easement in favor of MnDOT. The
Lakeville Commerce Center 3rd Addition preliminary and final plat reestablishes all required
perimeter and drainage and utility easements as required by the Subdivision Ordinance.
Tree Preservation. A tree preservation plan has been submitted with the preliminary and final
plat. The plan identifies a total of 26 significant trees located within the Lakeville Commerce
Center Third Addition area. The tree preservation plan identifies 22 significant trees for removal
for the reconstruction of the channel within the wetland area. The tree preservation plan
satisfies City requirements. All "save" trees that are damaged or removed will require
replacement at a ratio of 2:1 as per the Lakeville Subdivision Ordinance. All tree preservation
items must be completed as outlined in the attached May 12, 2011 Engineering Report.
Wetlands. The wetland delineation for the site was conducted on September 30, 2010 by
Kimley -Horn and Associates and was field reviewed by staff from the City of Lakeville and
Dakota County Soil and Water Conservation District (SWCD) on October 15, 2010. Four areas
were delineated on the project site for a total of 1.36 acres. All wetland delineation and
mitigation items must be completed as outlined in the attached May 12, 2011 Engineering
Report.
Grading & Utility Plans. Grading, drainage, erosion control and utility plans have been
submitted to the Engineering Department for review. All grading, drainage and erosion control
items must be completed as outlined in the attached May 12, 2011 Engineering Report.
Overhead Utilities. An overhead utility line crosses the northeast corner of the plat. The utility
line is a major electrical transmission line. Typically the developer is required to install all
existing overhead utilities underground adjacent to their development. However, the City Code
provides for an exception if the overhead utility is a major transmission line. The overhead utility
meets the requirement for the exception and will not be required to be buried underground.
However, the applicant is proposing to relocate the poles and guide wires as required for the
construction of the Walmart store. The applicant will coordinate with Xcel Energy for all
modifications to the poles and guide wires.
Site Lighting: Site lighting will include twenty -four 39 foot tall Tight poles throughout the site.
The lighting and photometric plan indicates that the site lighting will meet the requirements of
5
the Zoning Ordinance for one foot - candle lighting intensity or less at the property line. However
the height of the light pole exceeds the 35 foot height limit. The photometric plan must be
revised to reduce the overall height of the light poles to 35 feet or less.
RECOMMENDATION:
Staff recommends approval of the Lakeville Commerce Center 3rd Addition preliminary and final
plat and easement vacation subject to the following stipulations:
1. The recommendations outlined in the May 12, 2011 Engineering Report.
2. The recommendations of the Park, Recreation & Natural Resources Committee.
3. The site shall be developed according to the plans approved by the City Council.
4. A security in the amount of $200,000 is to be submitted prior to the release of the final plat
mylars to guarantee the installation of the landscaping per the approved plan.
5. A sign permit must be obtained prior to the installation of any signage.
6. The photometric plan must be revised to reduce the overall height of the light poles to 35
feet or less.
7. Snow storage must be accommodated in the green space areas around the perimeter of the
property, or must be taken off site.
8. The developer must submit a $2,500 security for tree preservation within Lot 1 and Outlot A.
9. A $75,000 cash escrow must be submitted to the City for the future construction of a round-
about at 205 Street and Kenrick Avenue.
10. An eight -foot wide concrete sidewalk must be constructed at the developer's expense on the
east side of Keokuk Avenue and connect to the trail on the south side of 205 Street.
6
II I K ri IM Tin M 1..." I :Brill
RM-1,
Medium
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C-3,
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UD, Commercial
anned Unit _ District
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Commerce,.
Center 3rd#
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C-3,
General
Commercial
District WI
,
WM
PUD, eat
P anned Unit
D evelopment
1
OP, Office
Park
District
City of Lakeville
Location & Zoning Map
Lakeville Commerce Center 3rd Addition
(Walmart) Preliminary Plat, Final Plat and
Easement Vacation
EXHIBIT A
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Walmart:;: LAKEVILLE, MN
KEOKUK AVE AND CSAH 70
STORE # 5992 -00
DAKOTA COUNTY MINNESOTA
DEMOLITION PLAN
SCALE
AS SHOWN
DESIGNED BY
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I HEREBY CER111Y THAT THIS PLAN. SPED/MASON OR
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SUPERVISION AEA THAT 1 AM A DULY UCENSED
PROFESSIONAL ENCINEEN UNDER THE LANS Or THE STATE
W MINNESOTA
WILLIAM 0. MATZEK, P E
DATE 05/09/2011 MN 110. NO. 45790
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Walmart* LAKEVILLE, MN
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Walmart:;: LAKEVILLE, MN
KEOKUK AVE AND CSAH 70
STORE # 5992 -00
DAKOTA COUNTY MINNESOTA
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MnDOT OFF -TAKE
DITCH EASEMENT
DOC. NO. 418361
By.
PROPOSED EASEMENT
VACATION DESCRIPTION
All the drainage and
utility easements
dedicated in the plats of
Lakeville Commerce Center
and Lakeville Commerce
Center 2nd Addition, lying
within Outlot B, said
Lakeville Commerce Center
2nd Addition, according to
the recorded plats thereof,
Dakota County, Minnesota,
together with the
Easement for off —take
ditch purposes per Final
Certificate Document No.
418361.
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1, . I hereby certify that this survey, plan, or
g report was prepared by me or under my
direct supervision and that I am o duly
Q Licensed Land Surveyor under the laws of
( the State of Minnesota.
K Dated this 8th day of April, 2011
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SUNDE LAND SURVEYING, LLC.
Mark S. Hanson, P.L.S.
Minn. Lic. No. 15480
SUNDE Mfi
9001 East Bloomington Freeway Ofce: (3 • ite 116
Bloomington, M Oin innesota 55420 -343 Su
5
LAND SURVEYING 952 -881 -2455 (Fax: 952 - 888 -9526)
North Office:
www.sunde.00m Brooklyn Park, Minn. 763 - 784 -9346
EXHIBIT L
PROPOSED EASEMENT VACATION DESCRIPTION
All the drainage and utility easements dedicated in the plats of Lakeville Commerce Center and
Lakeville Commerce Center 2nd Addition, lying within Outlot B, said Lakeville Commerce
Center 2nd Addition, according to the recorded plats thereof, Dakota County, Minnesota,
together with the Easement for off -take ditch purposes per Final Certificate Document No.
418361.
Memorandum
To: Allyn Kuennen, Associate Planner
From: Mark DuChene, Development Design Engineer
McKenzie Cafferty, Environmental Resources Manager
Copy: Dennis Feller, Finance Director
Keith Nelson, City Engineer
Steve Michaud, Parks & Recreation Director
David Olson, Community & Economic Development Director
Gene Abbott, Building Official
Date: May 12, 2011
Subject: Lakeville Commerce Center Third Addition
• Preliminary Plat Review
• Easement Vacation
• Final Plat Review
• Grading Plan Review
• Tree Preservation Plan Review
• Utility Plan Review
• Site Plan Review
BACKGROUND
City of Lakeville
Engineering
Walmart has submitted a preliminary and final plat named Lakeville Commerce
Center Third Addition. The preliminary and final plat is a re -plat of Outlot B, Lakeville
Commerce Center 2nd Addition. The replat contains one developable lot and one
outlot to be deeded to the City of Lakeville which contains wetlands and a drainage
channel under the jurisdiction of the US Army Corps of Engineers. The proposed
subdivision is located on land that is zoned C -3, General Commercial and is south of
205th Street, west of and adjacent to Interstate 35, north of 210 Street (CSAH 70)
and east of and adjacent to Keokuk Avenue.
The preliminary and final plat consists of one lot and one outlot on 15.94 acres.
The outlot created with the preliminary and final plat has the following use:
LAKEVILLE COMMERCE CENTER THIRD ADDITION
MAY 12, 2011
PAGE 2 OF 12
Outlot A: Wetlands and Drainage Channel to be Deeded to the City
(1.40 acres)
The proposed development will be completed by:
Developer: Walmart
Engineer: Kimley -Horn and Associates
Surveyor: Sunde Land Surveying
SITE CONDITIONS
The site is vacant, undeveloped land that was previously mass graded as part of
Lakeville Commerce Center improvements. The site contains existing wetlands,
overhead power lines and trees.
EASEMENT VACATION
The Lakeville Commerce Center Third Addition preliminary plat identifies existing
public drainage and utility easements previously established with the parent parcel,
as depicted on the Lakeville Commerce Center 2 Addition plat. The existing
easements will be vacated and re- platted with the Lakeville Commerce Center Third
Addition. In addition the Developer is coordinating the vacation of an existing off -
take ditch easement in favor of MnDOT.
STREET AND SITE LAYOUT
Keokuk Avenue
Lakeville Commerce Center Third Addition is east of and adjacent to Keokuk Avenue, a
major collector roadway as identified in the City's Transportation Plan. Keokuk
Avenue is constructed as a 44 -foot wide, undivided urban roadway and is striped as
a three lane section with one through lane in each direction and a center continuous
two way left turn lane. There are dedicated right and left turn lanes on Keokuk
Avenue at the intersections with 205 Street and 210 Street (CSAH 70). Keokuk
Avenue is within an 80 -foot right -of -way with concrete sidewalk located on the west
side of the street.
Access to the site will be from three proposed driveways. The middle driveway will
be aligned with 207 Street and the northern and southern driveways have been
designed to meet access spacing requirements. The site plan indicates right turn
lanes will be constructed on Keokuk Avenue by the Developer to access the
proposed driveways.
The Developer will construct an 8 -ft concrete sidewalk along Keokuk Avenue's east
right -of -way from the plat's southern boundary to 205 Street to provide a
LAKEVILLE COMMERCE CENTER THIRD ADDITION
MAY 12, 2011
PAGE 3 OF 12
connected pedestrian path from the existing trail located on the south side of 205
Street.
A Traffic Impact Analysis (TIA) was completed by the Developer and was reviewed by
the City's traffic consultant SRF Consulting Group, Inc. for potential adverse impacts to
critical intersections near the proposed plat. The TIA considered current, 2013, and
future build out traffic conditions for the Lakeville Commerce Center Third Addition as
well as future development in the surrounding area and identified the required
intersection geometrics for each condition. The TIA does not identify the need for
improvements to the Keokuk Avenue /205 Street intersection due to the
development of the Lakeville Commerce Center Third Addition. The intersection will
continue to be monitored and evaluated by the City. It is anticipated that as the
area to the south develops the intersection will meet warrants for additional
intersection control such as an all way stop.
Kenrick Avenue /205 Street
The TIA indicates that the development of Lakeville Commerce Center Third Addition
does not in itself necessitate the need for any improvement to the intersection of
Kenrick Avenue and 205 Street under any of the proposed traffic conditions.
However, as the surrounding areas develop, improvements to the intersection control
for the Kenrick Avenue /205 Street intersection will likely be required.
The current draft of the City's capital improvement plan indicates a round -a -bout at this
intersection to address the intersection control issues identified with future
developments. The Developer has agreed to post a $75,000 cash escrow with the City
toward the future round -about construction cost at this intersection. The cash escrow
will be refunded to the Developer if the round -about has not been constructed within
two years from the opening of the store. If the round -about is constructed after two
years but within five years of the opening of the store, the Developer has agreed to be
assessed up to $75,000 for the intersection improvements.
Site Plan Review
The Developer proposes to construct a 151,175 sf commercial retail building. The
building will contain the following: 16,691 sf of warehouse; 133,444 sf of retail
space; and 1,340 sf of restaurant.
Access to the building will be primarily from either of the two southerly proposed
driveway entrances along Keokuk Avenue. The third northernmost driveway
entrance will be primarily for trucks and deliveries. The driveway designs include a
stop sign, stop bar, crosswalk striping and pedestrian curb ramps with truncated
domes. Turning path movements demonstrating vehicle circulation are included on
the site plan.
LAKEVILLE COMMERCE CENTER THIRD ADDITION
MAY 12, 2011
PAGE 4 OF 12
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility, parking lot and building
construction is restricted to Keokuk Avenue via 210 Street (CSAH 70).
PARKS AND TRAILS
Development of Lakeville Commerce Center Third Addition will not require public
trail construction. The City's Parks, Trails and Open Space Plan does not designate
any area within the proposed plat as future park land.
The Park Dedication requirement was satisfied through a cash contribution paid in
1997.
UTILITIES
SANITARY SEWER
Lakeville Commerce Center Third Addition is located within sub - district SC -13400 of
the South Creek sanitary sewer district as identified in the City's Comprehensive
Sanitary Sewer Plan. Wastewater will be conveyed via existing public sanitary sewer
to the MCES Farmington /Lakeville Interceptor and continue to the Empire
Wastewater Treatment Facility. The existing City -owned downstream facilities have
sufficient capacity to serve the development.
Development of Lakeville Commerce Center Third Addition will not require public
sanitary sewer construction. 8 -inch sanitary sewer will be extended from public
sanitary sewer located in Keokuk Avenue to provide service to Lot 1. A 6 -inch
sanitary sewer service will be extended from an existing 6 -inch sanitary sewer
service stub as well. The services will be privately owned and maintained by the
Developer.
The Developer is proposing to abandon 3 existing sewer services that were installed
previously and are no longer needed with the revised lot layout. All existing sanitary
sewer services that are to be permanently abandoned must first be televised by the
Developer for evidence of inflow and infiltration and a copy of the televising tape
provided to the City. If the City's review of the televising suggests no inflow and
infiltration, the sanitary sewer service may be abandoned in place. If the City's
review of the televising suggests any inflow and infiltration, the sanitary sewer
service must be plugged at the main by inserting a plug at the wye per the
manufacturer's recommendations. In addition, any existing sanitary sewer service
disturbed during water service construction must also be plugged. GPS coordinates
must be provided per Lakeville Standard Plate LV- ST -12. All sanitary sewer service
abandonment /removal work must be inspected by the City's utility department. All
LAKEVILLE COMMERCE CENTER THIRD ADDITION
MAY 12, 2011
PAGE 5 OF 12
abandoned sanitary sewer services shall be identified on certificate of surveys
submitted during the building permit process.
The proposed sanitary sewer layout is in accordance with the City's Comprehensive
Sanitary Sewer Plan. Final locations and sizes of all sanitary sewer will be reviewed
by City Staff with the final construction plans.
The Sanitary Sewer Availability Charge has not been paid on the parent parcel and
must be paid for Lot 1, with the building permit. The Sanitary Sewer Availability
Charge is $307.00 per residential equivalent unit and shall be calculated when the
M.C.E.S. SAC Units for the proposed building has been determined.
WATERMAIN
Development of Lakeville Commerce Center Third Addition will not require public
watermain construction. 8 -inch watermain will be extended from two existing 6 -inch
watermain service stubs and looped around the proposed building.
The Developer is proposing to abandon 2 existing water services that were installed
previously and are no longer needed with the revised lot layout. For all existing
water services that are to be permanently abandoned, a fee of $1000 /abandoned
service shall be paid to the City for future maintenance related to the abandoned
service repairs. GPS coordinates must be provided per Lakeville Standard Plate LV-
ST-12. All water service abandonment/removal work must be inspected by the
City's Utility Department. All abandoned water services shall be identified on the
plans submitted during the building permit process. A certificate of occupancy will
not be issued until water services have been appropriately abandoned and
inspected.
Final locations and sizes of all sanitary sewer and watermain facilities shall be
reviewed by City staff with the final building permit plans. In association with
MnOPS requirements, utility hook -ups for buildings within Lakeville Commerce
Center Third Addition shall not be permitted until the as -built electronic files have
been submitted and approved by City staff.
DRAINAGE AND GRADING
2 x $1,000.00 /service = $2,000.00
Number of Water Fee per Service Total
Services to be
Abandoned
Lakeville Commerce Center Third Addition is located within the Marion Lake drainage
district as identified in the City's Water Resources Management Plan. The plat is
located within sub - district ML -7 and stormwater runoff generated within the site
currently drains overland to the existing drainage channel along the southern and
LAKEVILLE COMMERCE CENTER THIRD ADDITION
MAY 12, 2011
PAGE 6 of 12
eastern parcel boundary and is conveyed to an existing wetland complex adjacent to
Regional Stormwater Basin ML -7 -1. Regional Stormwater Basin ML -7 -1 and the
existing wetland complex drain to the east via a 72 -inch culvert and eventually is
conveyed by way of open - channel flow directly into Lake Marion.
The site must be designed to pre -treat and infiltrate 0.5 inches of runoff from all
impervious surfaces as well as match or reduce the peak runoff rates for the 1, 10 &
100 year storm events of the post development to pre development conditions. The
Developer is proposing to meet these requirements by dividing the proposed site
drainage into two drainage areas. The eastern drainage area will be collected via
private storm sewer and directed to an underground stormwater treatment and
filtration system. The underground stormwater system will be privately owned and
maintained. The Developer is proposing a permanent public drainage easement
over the underground stormwater system and recording said easement on the
Lakeville Commerce Center Third Addition plat. Complete construction and design
detail must be submitted prior to building permit issuance. The system was
designed according to the infiltration rate of the rock bed assumed to be 1 in /hour
and must be able to infiltrate 0.5 inches of runoff from all contributing impervious
surfaces within 48 hours. The Developer is proposing to pre -treat the runoff for
sedimentation by using an isolator row as part of the underground system.
The system must be bypassed during construction to ensure that sediments are not
entering the system at the heavier loads during construction per the manufacturer's
recommendations. The system will not be put on line until the site is fully
stabilized. The system must be checked and cleaned as needed. Engineering
recommends that the system be visually checked and inspected for sediment
deposits twice a year following the Manufacturer's recommendations. A copy of the
inspection and cleaning records must be submitted to the City.
The western drainage area will be collected via private storm sewer and directed to
an above ground filtration basin. The filtration basin will be privately owned and
maintained. The Developer is proposing a permanent public drainage easement
over the filtration basin and recording said easement on the Lakeville Commerce
Center Third Addition plat. The system was designed according to the infiltration
rate of the basin bottom amended soil assumed to be 1 in /hour and must be able to
infiltrate 0.5 inches of runoff from all contributing impervious surfaces within 48
hours. The Developer is proposing to pre -treat the runoff for sedimentation by
using a mechanical sediment separator prior to entering the filtration basin.
Both treatment systems will be routed to and have a structure to divert large flow
events to a proposed dry rate control basin. The Developer is proposing a
permanent public drainage easement over the basin and recording said easement on
the Lakeville Commerce. Center Third Addition plat. The rate control basin will
discharge into the existing wetland complex.
LAKEVILLE COMMERCE CENTER THIRD ADDITION
MAY 12, 2011
PAGE 7 OF 12
The grading specifications must indicate that all embankments meet FHA /HUD 79G
specifications. The Developer shall certify to the City that all buildings with footings
placed on fill material are appropriately constructed. Building permits shall not be
issued until a building pad certification survey has been submitted and approved by
City staff. A Final Certificate of Occupancy shall not be issued until an as -built
certified grading plan has been submitted and approved by City staff.
The final grading plan must indicate any proposed borrow areas. Any borrow area
locations must be approved by the City Engineer prior to the commencement of the
borrow activity.
A National Pollution Discharge Elimination System General Stormwater Permit for
construction activity is required by the Minnesota Pollution Control Agency for areas
exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater
Permit Coverage must be submitted to the City upon receipt from the MPCA.
RETAINING WALLS
Development of Lakeville Commerce Center Third Addition includes the construction
of two retaining walls. The retaining walls vary in height ranging between 4 and 12
feet. The Developer is proposing a large block retaining wall along the eastern and
northern portions of Lot 1 and a temporary sheet pile retaining wall around the
overhead utility poles located within Outlot A. The temporary wall must be removed
upon completion of the proposed free standing power pole structure and restoration
of the ground must be completed including establishing vegetative cover and
grading slopes not to exceed 3:1.
All modular block walls constructed must meet Mn /DOT requirements. All modular
block walls greater than four feet in height must be designed by a registered
engineer and require a separate building permit from the City's Building Inspection
Department. All modular block walls requiring a separate building permit from the
City's Building Inspection Department must be inspected during construction and
certified by the design engineer following construction. The Developer is proposing
a 4 -ft tall black vinyl coated chain link fence along the top of the modular block
retaining wall as well as a guard rail along the parking lot adjacent to the retaining
wall areas. The retaining walls are all contained within Lot 1 and will be privately -
owned and maintained by the Developer.
STORM SEWER
Development of Lakeville Commerce Center Third Addition includes the construction
of public and private storm sewer systems. The public storm sewer consists of the
modification to the existing storm sewer in Keokuk Avenue due to the turn lane
construction as well as the modification of the twin culverts that drain the storm
sewer system from Keokuk Avenue to Regional Stormwater Basin ML -7 -1. The
LAKEVILLE COMMERCE CENTER THIRD ADDITION
MAY 12, 2011
PAGE 8 OF 12
reconstructed public storm sewer will be located within public right -of -way and /or a
permanent public drainage and utility easement, as shown on the plat, and
maintained by the City. The privately -owned and maintained storm sewer will be
located within Lot 1 and will collect and convey stormwater runoff generated from
within the lot to the water quality and rate control basins.
Any additional draintile construction, including perimeter draintile required for
building footings, which is deemed necessary during construction, shall be the
Developer's responsibility to install and finance.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel
and must be paid with the final plat. The Trunk Storm Sewer Area Charge is
calculated as follows:
The Developer is eligible for trunk storm sewer credits for conveying Outlot A to the
City. The credit for the 1.40 acres of land is $7,700.00 and is calculated at the rate
of $5,500.00 per acre, consistent with City policy.
WETLANDS
694,561 sf
Gross area of
Lakeville Commerce
Center Third Addition
- 60,805 sf
Area of
Out lot A, Lakeville
Commerce Center Third
Addition
x $0.235/sf = $148,932.66
Area Charge Total
The delineation for the site was conducted on September 30, 2010 by Kimley -Horn
and Associates and was field reviewed by staff from the City of Lakeville and Dakota
County Soil and Water Conservation District (SWCD) on October 15, 2010. Four
areas were delineated on the project site for a total of 1.36 acres. The delineation
was approved for this site on February 4, 2011.
A Technical Evaluation Panel (TEP) was held on January 18, 2011. Representatives
were present from the Army Corps of Engineers (ACOE), Dakota County SWCD, MN
Board of Soil and Water Resources (BWSR) and City Staff. The TEP discussed the
delineation and other aspects of the potential development project. Based on the
TEP findings, Kimley -Horn and Associates submitted a replacement plan on February
9, 2011 and included information suggested at the TEP meeting. The replacement
plan indicates 0.97 acres of impact. The plan provides detailed information of the
site alternatives and options looked at to avoid wetland impacts. The plan proposes
to purchase 2:1 replacement (1.94 acres) via the Bachman wetland bank located in
the same watershed. In addition to mitigating wetland impacts, the plan is to
relocate and stabilize the existing channel /wetland. The wetland replacement plan
was approved at the March 7, 2011 City Council meeting.
LAKEVILLE COMMERCE CENTER THIRD ADDITION
MAY 12, 2011
PAGE 9 OF 12
Prior to the commencement of any site grading or improvements the channel
relocation must be complete and vegetation re- established per the permit from the
ACOE.
No wetland impacts will occur until the City has received confirmation from BWSR
that the required credits have been officially withdrawn from the wetland bank.
TREE PRESERVATION
A tree preservation plan has been submitted and reviewed. The plan identifies a
total of 26 significant trees located within the Lakeville Commerce Center Third
Addition area. The tree preservation plan identifies 22 significant trees for removal
for the reconstruction of the channel. The reconstructed channel will be stabilized
with use of native trees, shrubs and seed mix. The developer will be responsible for
maintenance of the channel until it is fully stabilized.
EROSION CONTROL
An erosion control plan has been submitted and includes the following:
• A single rock construction entrance.
• A seed and mulch specification that meets City requirements.
• Inlet protection on all storm sewer structures.
• Silt fence to protect offsite areas from sediment transport.
• All 3:1 slopes must be seeded and stabilized with fiber blanket or sod.
• Temporary sedimentation basins.
• Rock checks in high flow areas.
• All streets shall be cleared of debris at the end of each day as identified in the
erosion control notes. Street sweeping shall be done weekly or more often as
needed. Additional street sweeping shall be required during the hauling
process. All streets shall be maintained to provide safe driving conditions.
Erosion control blankets must be installed on all stormwater /infiltration basin slopes
and slopes adjacent to wetland areas. The Developer shall install and maintain any
additional erosion control measures deemed necessary during construction by City
staff or the Dakota County Soil and Water District.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer - installed
improvements relating to Lakeville Commerce Center Third Addition. Construction
costs are based upon estimates submitted by the Developer's engineer on May 11,
2011.
LAKEVILLE COMMERCE CENTER THIRD ADDITION
MAY 12, 2011
PAGE 10 OF 12
CONSTRUCTION COSTS
Sanitary Sewer Connection $ 9,186.00
Street 105,312.00
Storm Sewer 137,480.00
Site Grading, Erosion Control, Restoration and 99,000.00
Grading Certification
Channel Re -Route 43,840.00
SUBTOTAL - CONSTRUCTION COSTS $ 394,818.00
OTHER COSTS
Developer's Design (6.0 %) $ 23,689.08
Developer's Construction Survey (2.5 %) 9,870.45
City's Legal Expense (0.5 %) 1,974.09
City Construction Observation (7.0 %) 27,637.26
Developer's Record Drawing (0.5 %) 1,974.09
Retaining Walls 600,000.00
Onsite Private Signs /Pavement Markings 5,000.00
Street Lights 3,600.00
Landscaping 200,000.00
Lot Corners 200.00
SUBTOTAL - OTHER COSTS $ 873,944.97
TOTAL PROJECT SECURITIES $ 1,268,762.97
The Developer shall post a security to ensure the final placement of iron monuments
at property corners with the final plat. The security is $100.00 per lot and outlot for
a total of $200.00. The City shall hold this security until the Developer's land
surveyor certifies that all irons have been placed following site grading, utility and
street construction.
The streetlight security totals $3,600.00, which consists of three mast -arm
streetlights at $1,200.00 each.
The on -site signage and pavement markings associated with the development of
Lakeville Commerce Center Third Addition will be privately -owned and maintained by
the Developer. The Developer shall post a $5,000.00 security to ensure that all
signs and pavement markings are installed. A final Certificate of Occupancy will not
be issued until the signs and pavement markings are installed.
LAKEVILLE COMMERCE CENTER THIRD ADDITION
MAY 12, 2011
PAGE 11 OF 12
CASH FEES
The cash fee for street signs is $1,050.00 which consists of three right turn lane
signs at $350.00 each. If the street posts are installed in frost conditions, the
developer shall pay an additional $150.00 at each street post location.
A cash fee for one -year of streetlight operating expenses for Lot 1 shall be paid with
the final plat. Consistent with City policy, the streetlight operating fee is based on a
commercial development so as to provide a more comparable rate to the anticipated
usage. The cash fee is calculated as follows:
1,284.43 ff x $0.214/ff /qtr x 4 qtrs = $1,099.47
Keokuk Avenue Front Footage Streetlight Operating Rate Total
A cash fee for one -year of surface water management expenses for Lot 1 shall be
paid with the final plat and is calculated as follows:
14.54 Acres x 4.2 REU x $7.00/unit/qtr x 4 qtrs = $1709.90
Lot 1 Area Residential Surface Water Total
Equivalent Utility Management Fee
Factor Rate
A cash fee for the preparation of record construction drawings and for upgrading the
City base map shall be paid with the final plat and is calculated as follows:
2 lots /outlots x $75.00 /lot and outlot = $150.00
Lots and Outlots City Base Map Updating Rate Total
The Developer shall submit the final plat and construction drawings in an electronic
format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file.
The Developer shall pay a cash fee for City Engineering Administration. The fee for
City Engineering Administration shall be based on three percent (3.00%) of the
estimated construction cost, or $11,844.54.
CASH REQUIREMENTS
Trunk Storm Sewer Area Charge
Streetlight Operating Fee
Street Signs
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
Kenrick Avenue /205 Street Intersection Improvements
Water Service Abandonment
Credit for Deeding Outlot A to City
TOTAL CASH REQUIREMENT
148,932.66
1,099.47
1,050.00
1,709.90
150.00
11,844.54
75,000.00
2,000.00
(7,700.00)
$ 234,086.57
LAKEVILLE COMMERCE CENTER THIRD ADDITION
MAY 12, 2011
PAGE 12 OF 12
RECOMMENDATION
Engineering recommends approval of the preliminary plat, easement vacation, final
plat, grading plan, tree preservation plan, utility plan and site plan for Lakeville
Commerce Center Third Addition, subject to the comments within this report
May 26,2011
VIA E -MAIL AND U.S. MAIL
Mr. David Olson
Community & Economic Development Director
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Wal -Mart (5992) — Lakeville Commerce Center 3` Addition
Final Plat Approval
Dear Mr. Olson:
Our client, Wal-Mart Real Estate Business Trust, respectfully requests that the Lakeville City
Council delay consideration of Wal-Mart's pending application for Final Plat approval of
Lakeville Commerce Center Third Addition. We request that the City Council proceed with
consideration of the Preliminary Plat scheduled for June 6, 2011.
Preliminary and final plat approvals are frequently considered separately and Lakeville's
Subdivision Ordinance anticipates a two -step process. We appreciate the City's willingness to
consider preliminary and final plat approval at the same meeting, but now believe that our client
will need additional time to finalize its plans and to approve the development agreement. We
respect the City's preference that the developer sign and deliver the development agreement
before the City Council will consider the final plat. To meet the City's request, we believe that
delaying final plat approval will give us adequate time to finalize the lengthy development
agreement for a relatively complicated project. In addition, we are concerned about meeting
various timing requirements and deadlines set out in the development agreement, including the
code requirement that the Final Plat be recorded within 100 days after City Council approval.
If the City Council approves the Preliminary Plat on June 6 our client will have the assurances
that it needs under Minnesota law to kick off its architects and engineers on preparing final
building plans. Even though we are requesting a delay on final plat approval, we believe that our
Lakeville project remains on schedule. We acknowledge the -Code requirement that an
application for Final Plat approval be submitted within 100 days after receipt of Preliminary Plat
approval.
Attorneys & Advisors
main 612.492.7000
fax 612.492.7077
www.fredlaw.com
MEMBER OF THE WORLD SERVICES GROUP
Fredrikson & Byron, P.A.
200 South Sixth Street, Suite 4000
Minneapolis, Minnesota
55402 -1425
OFFICES:
Fredrikson
8 BYRON, P.A.
&- BYRON, P.A.
A Worldwide Network of Professional Service Providers / Minneapolis/ Bismarck / Des Moines / Fargo / Monterrey, Mexico / Shanghai
Mr. David Olson
May 26, 2011
Page 2
We want to thank you and your colleagues for your hard work and your efforts to keep our
project moving forward on such a fast clip. Our client is very enthusiastic on its proposed
Lakeville store and appreciates the City's support.
Very truly yours,
•
Susan D. Steinwall
Attorney at Law
Direct Dial: 612.492.7171
Email: ssteinwall @fredlaw.com
SDS: 4934429 1.DOC
cc: Will Matzek (via email)
Luke Payne (via email)
Mary Kendall, Esq. (via email)
Erin O'Gara, Esq. (via email)
T.R. Rose (via email)
Mike Sims (via email)
Jacki Cook -Haxby (via email)
Lisa Nelson (via email)