HomeMy WebLinkAbout03/23/2017 Meeting
M eeting L ocation: M unicipal C enter
7100 147th S treet West
Apple Valley, M innesota 55124
March 23, 2017
C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A
7:00 P M
1.C all to Order and Pledge
2.Approve Agenda
3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda
4.Approve C onsent Agenda Items
C onsent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a councilmember or citizen
requests to have any item separately considered. It will then be moved to the
regular agenda f or consideration.
A.A pprove Minutes of March 9, 2017, Regular Meeting
B.Receive Planning C ommission 2016 Annual Report
C .Receive Police Department 2016 Annual Report
D.Receive Telecommunications Advisory Committee 2016 Annual Report
E.Receive Urban Affairs A dvisory C ommittee 2016 A nnual Report
F.A pprove Reduction of Various Financial Guarantees
G.A dopt Resolution Approving Amendment to C onditional Use Permit for
Monopole at Christ C hurch (12925 J ohnny C ake Ridge Road)
H.D elegard Apple Villa Apartments, Lot 1, Block 1, Apple Villa Second
A ddition (7800 to 7822 Whitney Drive)
1. Adopt Resolution Approving Planned Development Agreement and
Associated Agreements
2. Adopt Resolution Approving Site Plan/Building Permit
Authorization for 28-Unit Apartment Building
I.A dopt Resolution Approving Plans and Specifications for Project 2017-
103, 2017 Micro Surfacing, and Authorizing Advertising for Receipt of
Bids at 10:00 a.m. on A pril 18, 2017
J .A dopt Resolution Awarding Project 2017-102, Sanitary Lift Station 5
Replacement
K.A dopt Resolution Awarding Project 2017-104, 2017 Street and Utility
Improvements
L.A dopt Resolution Awarding Project 2017-105, 2017 Street
Improvements
M.A pprove J oint Powers A greement with Dakota C ounty for C ost Share
Related to Project 2017-105, 2017 Street Improvements
N.A pprove Agreement with Avolve Software C orporation for Building
Inspections Plan Review Software
O.A pprove Agreement with C lub Prophet Systems for Valleywood Golf
C ourse Point-of-Sale (PO S) System
P.A pprove Agreement with Hawkins, Inc., for Project 2017-134, Outdoor
Pool Water Management
Q.A pprove Agreement with N EO Electrical Solutions, LLC , for
Supplemental Electrical Service at Apple Valley Family Aquatic Center
R.A pprove Lease Agreement with PN C Equipment Finance, LLC , for Golf
C ars
S.A pprove Agreement with Teemaster, Inc., for 2017 Products and
Services
T.A pprove Acceptance and Final Payment on Agreement with General
Security Services Corporation for Liquor Stores C losed C ircuit T V and
N VR System
U.A pprove Personnel Report
V.A pprove Claims and Bills
W.A dopt Resolution Supporting Local Decision-Making Authority (Added
at Meeting)
5.Regular Agenda Items
A.Introduction and Oath of Office of Police Officer Kailie Hinkle
B.A ccept Urban Affairs A dvisory C ommittee Findings on Temporary
Family Health Care D wellings
6.Staff and C ouncil C ommunications
7.Approve C alendar of Upcoming Events
8.Adjourn
Regular meetings are broadcast, live, on C harter C ommunications C able Channel 180 and
on the C ity's website at www.cityof applevalley.org
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I T E M: 4.A .
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Minutes of March 9, 2017, Regular Meeting
S taff Contact:
P amela J . G ackstetter, C ity C lerk
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Approve the minutes of the regular meeting of March 9, 2017.
S UM M ARY:
T he minutes from the last regular C ity Council meeting are attached for your review and
approval.
B AC K G RO UND :
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Minutes
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 9, 2017
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held March 9, 2017, at 7:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and
Hooppaw.
ABSENT: None.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, City Engineer Anderson, Assistant City Administrator Grawe, Human
Resources Manager Haas, Finance Director Hedberg, Community Development Director
Nordquist, Police Chief Rechtzigel, Public Works Director Saam, and Fire Chief Thompson.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge
of Allegiance led by Boy Scout Kyle Platter from Troop 3871.
APPROVAL OF AGENDA
MOTION: of Hooppaw, seconded by Grendahl, approving the agenda for tonight’s meeting, as
presented. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any
item not on this meeting’s agenda. No one requested to speak.
CONSENT AGENDA
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. There were no requests.
MOTION: of Goodwin, seconded by Bergman, approving all items on the consent agenda with
no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting
of February 23, 2017, as written. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2017-45 accepting,
with thanks, the donation of cash from various businesses toward sponsorship of
the Mid-Winter Fest celebration. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 9, 2017
Page 2
MOTION: of Goodwin, seconded by Bergman, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Minnesota Section
American Water Works Association, for use on April 29, 2017, at Bogart’s/Apple
Place Bowl, 14917 Garrett Avenue, and waiving any waiting period for State
approval. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Special Outdoor
Promotion/Temporary Sign Permit for placement of signage on City property from
March 10, 2017, through April 8, 2017, in connection with the 2017 Home &
Garden Expo, as described in the application. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, appointing Malloy, Montague, Karnowski,
Radosevich (MMKR) and Co., P.A., as auditors for 2016, 2017, and 2018 fiscal
year audits, at an estimated total cost of $133,600.00, and authorizing the Finance
Director to execute the Letter of Understanding, as attached to the Finance
Director’s memo. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2017-46 changing
the bid date for Project 2016-101, Water Meter Replacement, and authorizing
advertising for receipt of bids, at 10:00 a.m., on April 6, 2017. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Grant Agreement for Keller
Lake subwatershed assessment with Minnesota Board of Water and Soil Resources,
in the amount of $7,500.00, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the
agreement with Structural Glass Products, Inc., in the amount of an additional
$5,630.39, and accepting Apple Valley City Hall - 2015 Exterior Repairs Part 1
Project, as complete and authorizing final payment in the amount of $13,902.49.
Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, setting a special informal City Council
meeting, at 6:00 p.m., on April 27, 2017, at Cortland Development Park, for the
Arbor Day tree planting ceremony. Ayes - 5 - Nays - 0.
MOTION: of Bergman seconded by Goodwin, approving hiring the seasonal and part-time
employees, as listed in the Personnel Report dated March 9, 2017. Ayes - 5 - Nays
- 0.
MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers
dated February 16, 2017, in the amount of $775,473.74, and February 22, 2017, in
the amount of $718,654.44. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 9, 2017
Page 3
FIRE FIGHTERS OATHS OF OFFICE
Police Chief Thompson introduced the six Firefighters from the Class of 2015. The City Clerk
administered the oath of office to Firefighters Steven Boerner, Paul Bostel, Josh Gaffke, Stephen
Grass, Jr., Gerald Johnson, and Robert Morris. Individuals selected by each Firefighter then
pinned their badge. The Council congratulated the Firefighters and welcomed them to the Fire
Department.
“ARBOR DAY” AND “ARBOR MONTH” PROCLAMATION
Mr. Saam introduced this item and read the proclamation.
MOTION: of Grendahl, seconded by Bergman, proclaiming April 28, 2017, as “Arbor Day”
and May 2017, as “Arbor Month”, and encouraging citizens to participate in tree
planting programs. Ayes - 5 - Nays - 0.
Mr. Saam then provided details regarding the tree planting ceremony on April 27, 2017, and the
annual tree and shrub sale.
COMMUNICATIONS
Mr. Lawell invited everyone to the Apple Valley Arts Foundation 2017 Frozen Apple concert at
Valleywood Clubhouse from 6:00 p.m. to 9:00 p.m. on March 11, 2017.
CALENDAR OF UPCOMING EVENTS
MOTION: of Bergman, seconded by Goodwin, approving the calendar of upcoming events as
included in the Deputy City Clerk’s memo, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 7:17 o’clock p.m.
Respectfully Submitted,
/s/ Pamela J. Gackstetter
Pamela J. Gackstetter, City Clerk
Approved by the Apple Valley City Council
on . Mary Hamann-Roland, Mayor
I T E M: 4.B .
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
Receive P lanning C ommission 2016 A nnual R eport
S taff Contact:
J oan Murphy, D epartment Assistant
D epartment / Division:
C ommunity D evelopment Department
AC T I O N RE Q UE S T E D:
Receive the Planning C ommission 2016 A nnual Report.
S UM M ARY:
T he C ommunity D evelopment Department is responsible for the work of the Planning
Commission. C ity ordinance requires that a report of C ommission be provided annually
representing the work during the preceding year, 2016.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
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AT TAC HM E NT S:
R eport
APPLE VALLEY
Planning Commission
2016 ANNUAL REPORT
Planning Commission
The role of the Planning Commission is to make recommendations to the City Council on a
variety of land use requests and issues. In 2016, there were 21 Planning Commission meetings
held that consisted of public hearings, land use applications and sketch plans.
Members of the Apple Valley Planning Commission are:
Tom Melander, Chair
Tim Burke, Vice-Chair
David Schindler, Secretary
Ken Alwin
Keith Diekmann
Paul Scanlan
Angela Polozun – (resigned October 2016)
Land Use Development
In 2016, there were 45 land use development applications. Land use development applications
may consist of multiple actions that must be reviewed and analyzed by staff, then presented to
the Planning Commission and City Council for their consideration and action. A total of 21
Planning Commission agendas, agenda packets, and minutes were prepared and distributed,
as well as 17 public hearings held.
The following provides details of the various land use actions that were considered as part of
these applications.
Land Use Actions Requested in 2011 2016
Comprehensive Plan Amendments 2
Zoning Ordinance Amendments/Rezonings 8
Conditional Use Permits 5
Subdivision/Preliminary Plats/Final Plats 15
Site Plan Reviews/Building Permit Authorizations 10
Vacations 3
Variances 13
Environmental Reviews 1
Interim Use Permits 0
Miscellaneous 6
TOTAL 63
2016 Highlights
Commercial Projects
Pennock Center – A 5,400 sq. ft. building with drive-thru for a coffee shop and an additional
retail tenant was approved for the property located on the southeast corner of CSAH 42 and
Pennock Lane. The project proposed the demolition of the existing Liberty Financial building at
7668 150th St and replacing it with a new single story retail building. Since the time of the
approval of the project, the coffee shop withdrew from the development. The property owners
are exploring options for keeping the Liberty Financial building by filling the lower level to create
a single story building and updating the exterior by removing and refacing the existing outdated
elements. Multiple proposals have been reviewed with staff, to be further advanced in 2017.
Cobblestone Retail II – Approval was granted for a final plat of an outlot, zoning amendment to
allow for a drive-up window in conjunction with a restaurant, and site plan/building permit
authorization to allow for construction of a 6,288-sq. ft. retail building on a .98-acre lot at 15678
Pilot Knob Road.
Foliage Medical Office Building – The City approved a site plan review/building permit
authorization request to allow for construction of an 18,375-sq. ft. medical office building on a
5.47-acre lot located at 15160 Foliage Avenue.
TCF Bank at Mount Olivet – Mount Olivet Church split off a 16,600 sq. ft. parcel on the
southwest corner of 142nd St W. and Cedar Ave for construction of a 2,400 TCF bank with
drive-thru lanes. Construction of the bank at 7530 – 142nd St W began fall of 2016 and is
expected to be completed early in 2017.
Valley Oaks Dental – Dr. Wichmann decided to relocate his dental practice from 147th and
Glazier Ave to a new building on the southeast corner of Granada Drive and 146th Street at
14600 Granada Dr. Dr. Wichmann purchased two of the few remaining vacant lots in the
downtown to construct a 4,300 sq, ft, dental office. Construction began in the winter of 2016
and is expected to be completed by the summer of 2017.
Cobblestone Lake Medical Center – The City approved the subdivision of an existing 1.97-acre
lot at 15875 Emperor Avenue into two lots and gave authorization to allow for construction of a
10,000-sq. ft. medical office building on a 1.45-acre lot.
Zvago Apple Valley/Village Pointe Plaza –The 58-unit Zvago Apple Valley Senior Cooperative
located within the Village Pointe Plaza development, also known as the “Triangle Property,” was
reviewed by the Planning Commission in 2016. The four story senior cooperative would be
located on the west side of the site and 30,000 sq. ft. of retail/office will be located along Galaxie
Avenue. The Met Council approved an extension and minor refinements to the plans
associated with the $1,148,369 Livable Communities grant that will be used for site acquisition
by the selected developer. The developer, One-Two-One Development in partnership with
Ecumen, reports that presales of the cooperative have been going well and expects to complete
City review in 2017 and to begin construction late in the year.
Paul’s 76 Redevelopment Project – A redevelopment proposal was submitted and approved in
2015 that included the removal of the existing motor fuel/car wash/convenience store operation
and construction of a 7,512-sq. ft. multi-tenant retail building on .92-acre site located at 7525 147th
Street West. A revised plan was submitted that reduced the size of the building and added drive-
through window service for a proposed coffee shop. The Planning Commission approved the
revised plans, which will be reviewed by the City Council in early 2017.
Industrial Projects
Uponor Expansion – The Planning Commission and City Council have reviewed a rezoning,
vacation of drainage and utility easements, replatting of two existing lots, and a site plan
review/building permit authorization to expand the Uponor Annex building at 14800 Everest
Avenue on property. The item was postponed at Uponor’s request for final review in 2017.
Karamella Addition – Construction of the 73,700 sq. ft. Abdallah Candies and Gifts at 6075-
147th Street W, was completed in 2016. The building is a manufacturing facility with ancillary
retail sales. The retail sales are expected to open to the public in early 2017.
Residential Projects
Legends at Apple Valley (Formerly Valley Bluffs Senior) – A 163-unit affordable senior
apartment building was approved at 14050 Granite Ave on the southwest corner of Cedar Ave
and 140th Street W. The four-story building will provide a prominent entrance to the City’s first
signalized intersection south of State Hwy 77. A unique aspect of the project will be the
installation of a private art element that will benefit the public in connection with the approved
landscaping plan.
PHS Cobblestone Lake Senior Housing Development – After working several years with a
variety of developers, approval was granted for a 195-unit continuum of care facility on a 12-
acre lot located at the corner of 157th Street West and Cobblestone Lake Parkway. Moving this
project forward required approval of a comprehensive plan amendment, rezoning, replat of
existing outlots and site plan/building permit authorization to allow for the construction of a
facility, which is presently underway. It is expected to be open in early 2018.
Remington Cove Apartments-Phase Two – A three-story/95-unit apartment building on 2.66
acres located at the southeast corner of Founders Lane and Galaxies Avenue was approved
and is currently under construction.
Gabella Apartments – The 196-unit market-rate Parkside Gabella apartment building located in
the Central Village area was constructed and leased up in 2016.
Galante Apartments – The 134-unit market rate Parkside Galante apartments received plan
review and a new owner: Bigos. A 2017 construction start is planned.
Delegard Apple Villa Apartments – The longtime owners of the Apple Villa Apartment site on the
southeast corner of Whitney Drive and Pennock Lane received approval to construct a 28-unit
new apartment building, bringing the total number of units to 76 units on the site. In addition to
updating the existing buildings to match the new construction, the owners also agreed to make
significant storm sewer improvements to a site, which currently drains directly into Keller Lake.
Cortland Additions – Final plats were approved that added 35 lots in the Fifth Addition and 29
lots in the Sixth Addition for single-family homes to the existing 114 lots in this 88-acre/178 lot
single-family development located in the northeast corner of Dodd Boulevard and Embry Path.
Cobblestone Lake North Shore 2nd Addition – The final, plat was approved and construction
has begun in a 47-single-family lot development on 11.6 acres located at the southeast corner
of 155th Street West and Embry Path.
Embry Place Second Addition – Arcon Development received approval of a final plat for a 39
single-family lots, which is part of the 86-lot development located just south of the CSAH
42/Pilot Knob Road intersection and City cemetery.
Palomino Highlands - A property owner worked together with two neighbors to address a fence
and shed encroachment issue. The owner agreed to sell a small portion of his property rather
than require that the neighbors remove the structures. The replat allowed the three neig hbors to
cooperatively address their property issues.
Institutional Projects
Mt. Olivet Monopole – An 84-foot tall wireless communications monopole was approved on the
Mt. Olivet property at 14201 Cedar Avenue. Verizon Wireless modified its initial proposal to use
stealth technology, which includes mounting the antennas flush to the pole, and signif icantly
increasing the number of new trees that will be used to screen the structures at grade from
adjacent residential properties.
Christ Church Monopole – An 87-foot tall wireless communication monopole was approved on
the Christ Church property at 12929 Johnny Cake Ridge Road. Verizon Wireless amended a
previous approval for a monopole by Clearwire Wireless in 2010, which relocated the tower to a
less visible location, shortened the tower height by 6’ feet, and included stealth technology
flush-mounted antennas. The new site plan also added new screening trees from neighboring
residential properties
Zoning Code Amendments
Temporary Family Home Health Care Dwellings – The City Council responded to a newly
enacted State Law that would have required the City to issue permits to allow temporary family
health care dwellings. When adopting the “opt-out” ordinance, the City Council emphasized that
the City supports residents caring for their elderly and ailing family members. However, several
concerns were raised by staff to address that the units, trailers to be parked on driveways or in
back yards, had not been fully vetted. The Council directed the Urban Affairs to review the use
of the temporary units in more detail and to provide additional information to the City Council.
Impervious Surface Coverage Ordinance – Staff began work on an ordinance that would
address an issue found in many residential developments currently zoned “PD” (Planned
Development). Many PDs limit the size of buildings on the lot, but do not address impervious
surface coverage, which is critical for stormwater management. Staff is conducting further
analysis to determine the best allowable coverage requirement that does not significantly disrupt
existing property owners but supports the City’s stormwater management goals.
Sketch Plan Reviews Held
TCF Bank Sketch Plan – Consider Sketch Plan Review of potential comprehensive plan
amendment, rezoning, subdivision by preliminary plat, and site plan review/building permit
authorization for proposed 2,200-sq. ft. bank with drive-up lane(s) on a portion of an eight-acre
parcel, located at 14201 Cedar Avenue, by TCF Bank and Mount Olivet Assembly of God
Church.
PHS Cobblestone Lake Senior Housing Development – Consider Sketch Plan Review of a
proposed request for approval of Comprehensive Plan amendments, rezoning, replat of existing
outlots and site plan/building permit authorization to allow for the construction 187-unit
continuum of care facility, located at the intersection of 157th Street West and Cobblestone Lake
Parkway, by Tradition Development and Presbyterian Homes and Services.
Time Square Sketch Plan – Consider Sketch Plan Review of potential construction of two
separate retail structures totaling 10,400 sq. ft. The plan included an additional two drive-thru
facilities on the site and demolished the soon to be former TCF location in the south building, by
Robert Levine, Managing Partner of Time Square Shopping Center located at the northwest
corner of Cedar Avenue and County Road 42.
I T E M: 4.C.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
Receive P olice Department 2016 Annual R eport
S taff Contact:
P olice Chief J on Rechtzigel
D epartment / D ivision:
P olice Department
AC T I O N RE Q UE S T E D:
Receive the A pple Valley Police Department 2016 Annual Report.
S UM M ARY:
T he A pple Valley Police Department is pleased to present the C ity C ouncil with the 2016
annual report. T he report provides a summary of activities during the year, as well as the
many initiatives of the department.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
N A
AT TAC HM E NT S:
R eport
2016
Annual
Report
APPLE VALLEY
POLICE
DEPARTMENT
DEPARTMENT ADMINISTRATION 3
Chief’s Message 4
Employee Roster 5
Organizational Chart 6
Financial Summary 7
UNIFORMED SERVICES 8
Patrol Officers 9
Dakota County MAAG 10
K9 Unit 11
Special Enforcement Team 12
Drug Recognition Expert 13
Retail Crime Officer 14
Neighborhood Collaboration Officer 15
Community Service Officers 16
School Resource Officers 17
SUPPORT SERVICES 18
Investigations Unit 19
Electronic Crimes Task 20
Drug Task Force 21
TABLE OF CONTENTS
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 2
Special Operations Team 22
Records Unit 23
PROGRAMS 24
Coffee with the Cops 25
Watchdog Walkers 25
Child Passenger Safety Program 25
Citizens Academy 26
Advanced Citizens Academy 26
Teen Police Academy 26
Night to Unite 27
ISD 196 Teacher Academy 28
Explorer Post 29
Police Chaplains 30
360 Communities/Assault Review 31
Special Olympics 32
EMPLOYEE RECOGNITION 33
RETIREMENTS AND NEW HIRES 41
STATISTICAL INFORMATION 46
IN CLOSING 54
DEPARTMENT
ADMINISTRATION
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 3
Chief Jon Rechtzigel
Captain John Bermel Captain Nick Francis Police Administrative
Manager
Steph Mellesmoen
On behalf of the men and women of the Apple Valley Police Department, I’m
proud to submit the 2016 Annual Report. 2016 was another year of changes,
especially relating to the technology and systems we use.
The most significant change came with the long awaited deployment of a new
CAD/Mobile/RMS system which affected all members of the department. A
great deal of preparation went into the transition and although there are
always issues with new technology, I’m happy to report the system is stable.
Other technological changes have been under way with the deployment of
smart phones throughout the Patrol Division. These devices offer an
opportunity to reduce the number of devices carried by our officers,
increasing their efficiency and in the long run saving money by eliminating
redundancy.
The Apple Valley Police Department has also been increasing efforts to
maintain the high level of trust our citizens afford us. To do so, we have
continued, and when possible increased, our community outreach and
partnerships through education, mentoring, and participation in community
events.
As always, the members of the Apple Valley Police Department appreciate
the continued support of our City Council and the community we serve.
With sincere gratitude,
Jon Rechtzigel, Chief of Police
A message
from
Police
Chief Jon
Rechtzigel
WELCOME
TO THE
AVPD
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 4
Officers (40)
Todd Soderholm
Karen Shaw
Sean McKnight
Jon Holle
Brian Bone
Valerie Holes
Tommie Booth
Mike Thelen
Kurt Schultz
Alan Spillers
Barry Rogers
Tara Becker
Joel Horazuk
Brian Plantz
Michael Tietz
Wayne Criger
Shane Klokonos
Nic Wolf
Marcus Smith
Zach Broughten
Dan Schyma
Justin Drogseth
Jeff Weber
Peter Meuwissen
Greggory Neumann
David Engel
Krista Erickson
Josh Gerving
Joel Pogatchnik
Cody Yard
Chris Curtis
James Gibbs
Cory Christianson
Kasey DeJonker
Tony Parker
Wil Hooper
David Fry
Nicole Wilson
Brian Booth
Kailie Hinkle
Sergeants (9)
Jeff Smith
Mark Deming
Peter Matos
Jim Gummert
Greg Dahlstrom
Jason Weishaar
Adam Tschida
David Virden
Adam Keeler
Records (8)
Steph Mellesmoen
Lori Hudyma
Barb Gevik
Terry McNulty
Missy Nelson
Alice House
Tori Haider
Nicole Clifton
CSOs (4)
Sean Marben
Jakob Lee
Colin Reardon
Billy Hughes
Maintenance (1)
Dave Schilling
Crime Prevention (1)
Pam Walter
Property Clerk (1)
Denis Schweitzer
Administration (3)
Jon Rechtzigel
John Bermel
Nick Francis
AVPD EMPLOYEES
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 5
ORGANIZATIONAL CHART
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 6
Police Chief
Captain
Administrative
Police
Administrative
Manager
Lead Records
Technician
Records
Technicians
(6)
Detective
Sergeant
Detectives
(5)
Electronic
Crimes Officer
Drug Task Force
Agent
Property Clerk
Captain
Patrol
Patrol Sergeants
(7)
Patrol Officers
(25)
Special
Enforcement
Team (2)
Community
Service Officers
(4)
NCOP
Sergeant
Retail Officer
Multi-Housing
Officer
School
Resource
Officers (3)
Crime
Prevention
Specialist
Apple Valley Police Department
2016 Adopted Budget = $8,273,909
(Including Animal Control and Civil Defense)
2016 BUDGET DISTRIBUTION
PERSONNEL
COSTS
CAPITAL OUTLAY
OTHER
OPERATING
COSTS
FINANCIAL SUMMARY
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 7
UNIFORMED
SERVICES
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 8
PATROL OFFICERS
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 9
Our patrol officers represent the police
department in virtually all aspects of policing
visible to the public. The patrol officers respond
to calls, enforce traffic laws, and serve our
community in emergency situations around the
clock, 365 days a year.
Apple Valley’s patrol officers serve with pride and
a tremendous amount of gratitude for the support
we receive from this community. In what has
been a difficult year for police officers across our
nation, the officers serving in Apple Valley
continue to go above and beyond in our service
to you.
Each member of the patrol division strives to be a
leader every day in our service to you. In
addition, you will be amazed with the amount of
engagement these officers have with the
community when they are off duty. From
volunteering, to coaching, to mentoring, to
teaching, we have an immense amount of talent
that makes up the men and women of this
department.
We look forward to continued success and
engaged service as we adapt to the changing
needs of our community.
DAKOTA COUNTY MULTI -
AGENCY ASSISTANCE GROUP
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 10
The Dakota County Multi-Agency Assistance
Group (DCMAAG) is a tactical team comprised of
41 licensed police officers from Dakota and Rice
Counties. In 2016 a merger of the DCMAAG
team and Rice County Emergency Response
Unit took place. Officers and deputies from
Faribault PD, Northfield PD, and the Rice County
Sheriff’s Office are now members of DCMAAG.
DCMAAG also has a Crisis Negotiations Team
comprised of 10 licensed police officers. Two
Health East paramedics serve with DCMAAG as
tactical paramedics.
The DCMAAG team service area is
approximately 1,066 square miles, serving a
population of approximately 340,000.
In 2016, DCMAAG had 15 full-team activations
for various situations, including high risk warrant
service and vehicle take downs. Barricaded
suicidal and criminal subjects comprised the
remainder of activations. The armored Bearcat
vehicle responded 11 times to various cities for
tactical assistance. The vehicle was also used
for mutual aid in other cities and counties outside
the DC MAAG service area.
The Apple Valley Police Department contributes
seven officers to DCMAAG. Five serve as tactical
operators and two serve as crisis negotiators.
These officers receive specialized training for
their roles on the team.
2016 was a busy year
for our K9 Duke and his
handler, Officer Zach
Broughten. During the
year, Duke was
deployed 43 times in
Apple Valley and
throughout Dakota
County to assist with
calls within his training
scope (narcotics,
tracking, searches, and
apprehensions). The
highest number of
deployments came
between 10:00 p.m. and
2:00 a.m.
Duke maintained his
certifications at the PD1
trials in Hudson, WI and
the narcotic detector
trials in Washington
County.
Duke participated in a
number of
demonstrations with
other canines, including
an appearance at the
Dakota County
Fairgrounds
demonstrating his skills
apprehending fleeing
subjects and his highly
developed sense of
smell locating hidden
narcotics.
Duke is a great asset to
the department and a
loyal partner to Officer
Broughten. We
appreciate the
community support for
our canine officer
program. An Apple
Valley citizen, working
with an organization
called Vested K9s
provided Duke’s ballistic
vest when he joined the
department.
K9
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 11
K9 Officer Duke and his handler, Officer Zach
Broughten
2016 K9 Deployments 43
Building Searches 17
Narcotics Sniffs 7
Tracks/Area Searches 5
High Risk Traffic Stops 2
Evidence Searches 1
Other 11
The Special Enforcement Team (SET) is a
proactive traffic unit dedicated to enforce motor
vehicle laws. In 2016, Officer Kurt Schultz,
Officer David Engel, and Officer Pete Meuwissen
served on SET, supervised by Sergeant Adam
Tschida.
With the aid of our citizens, SET identifies areas
of traffic concerns in neighborhoods and
aggressively patrols those areas to reduce
speeding and other inappropriate driving
conduct. In 2016, while working to keep our
city’s streets safe, SET officers conducted a total
of 1,019 traffic stops and issued 848 traffic
citations.
SET is also responsible for conducting alcohol
and tobacco compliance audits on Apple Valley
businesses that sell these products. These
audits are conducted several times throughout
the year. In 2016, SET completed a total of 264
individual checks. During these checks,
underage volunteers assist SET officers by
entering a business and attempting to purchase
alcohol or tobacco. When the underage
volunteer is allowed to purchase alcohol or
tobacco, the witnessing SET officer takes
immediate enforcement action which can result in
criminal and civil consequences.
The SET unit is also responsible for monitoring
Registered Predatory Offenders and individuals
who are in the Dakota County Drug Court
program. The SET officers personally meet with
these offenders numerous times a year to ensure
they are in compliance with the law and abiding
by the Drug Court rules. The in-person meetings
with the Registered Predatory Offenders allow
the SET officers to verify their residence, place of
employment, vehicles, and other
information. When an offender becomes non-
compliant, SET pursues criminal charges which
can result in an arrest of the offender. Over the
course of 2016, SET conducted over 320 POR
compliance checks. One offender was found to
be non-compliant and was criminally charged for
that violation.
SPECIAL ENFORCEMENT TEAM
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 12
In 2016, our department continued an active role
in the Drug Recognition Evaluation (DRE)
program. In the State of Minnesota, there are 92
agencies and 197 Officers dedicated to the DRE
program. The Apple Valley Police Department
has two certified drug recognition experts;
Detective Joel Horazuk (2008) and Officer Justin
Drogseth (2015).
The DRE certification process is intense and
typically lasts several weeks. Once certified,
DREs must complete a minimum of two
evaluations in front of an instructor each year and
take part in an annual in-service training.
DRE’s use their specialized training to detect
impairment in drivers when alcohol has been
ruled out. While the primary use of a DRE is
traffic related, sometimes DREs assist on
medical emergencies, crisis complaints, and
other calls for service. DREs are trained to
distinguish between the effects of seven different
drug categories, using the same systematic
twelve step process in all circumstances.
In 2016, Officer Drogseth conducted seven
evaluations on suspected drug impaired
drivers. Five of the evaluations were Apple
Valley cases while the other two were assists to
nearby agencies. Detective Horazuk conducted
a total of two evaluations on suspected impaired
drivers before his assignment to the
DCDTF. Drug recognition evaluators are a
valuable asset for enforcing Minnesota’s DUI
laws.
DRUG RECOGNITION EVALUATOR
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 13
2016 DRE Evaluations 9
Officer Drogseth 7
Detective Horazuk 2
Officer Weber assists businesses with premise
surveys, preparing and executing emergency plans,
and alcohol server training.
He also serves as the primary resource when
businesses approach the police department to
partner on causes or special needs . Examples
include partnering with Target and Walmart for Shop
With a Cop, a program that helps families identified
by the community as experiencing financial stress.
The families are invited to shop for gifts, wrap them
and enjoy fellowship and food with the businesses
and police. Donors to Shop With a Cop include the
Apple Valley American Legion, Target, Walmart,
Farmer’s Insurance and several citizens.
RETAIL CRIME OFFICER
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 14
The Retail Crime Officer is a dedicated resource
that serves as a relational presence in the
business community to address crime issues and
promote crime prevention and education.
Officer Krista Erickson served as the Retail
Crime Officer through August 2016 until her
reassignment as a School Resource Officer.
Officer Jeff Weber filled the position in August.
Officer Weber serves on the board of the
Business Watch group, a local non-profit
organization comprised of representatives from
Apple Valley’s business community. The purpose
of the group is to promote relationships and
training in the business community with the goal
of reducing business-related crime.
He is also a member of the Twin Cities
Organized Retail Crime Association (TCORCA),
an organization that facilitates the secure sharing
of crime information between law enforcement
and retail establishments.
The Neighborhood Collaboration Officer is a
dedicated resource that serves as a relational
presence in our neighborhoods to address crime
issues and promote crime prevention and
education.
Officer Valerie Holes served as the
Neighborhood Collaboration Officer through April
2016. Officer Marcus Smith filled the position in
April.
Officer Smith and Crime Prevention Specialist
Pam Walter make up the core of the
Neighborhood Collaboration Officer Project
(NCOP) Unit. Their mission is to be a relational
and educational presence in our community and
immediately address crime and quality of life
issues at their root. They work to solve problems
in our neighborhoods and multi-housing
complexes and do community outreach activities.
Residential Rental Property
A primary duty of the NCOP Unit is to promote
crime free multi-housing. The City of Apple
Valley is home to 37 apartment/townhome
communities and over 1,500 residential rental
properties. The NCOP Unit promotes the Crime
Free Multi-Housing program which educates
landlords and tenants about responsible renting
to keep properties free from illegal activity. As
part of the program, the police department holds
monthly manager/owner coalition meetings that
feature topics pertinent to owning and managing
rental properties.
Complexes active in the program also receive
incident summaries of activity on their property.
By sharing this information, management is more
aware of what is happening on the property and
better able to deal with issues in a timely manner.
The City of Apple Valley has a rental registration
ordinance that requires all residential rental
property to be registered. Registrations can be
completed online at https://goo.gl/78pWqG.
There is no fee to register. Registration gives the
City the necessary information to identify rental
properties and their owners to help address
issues with rental properties.
NEIGHBORHOOD COLLABORATION
OFFICER
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 15
COMMUNITY SERVICE OFFICERS
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 16
Community Service Officers (CSO’s) are non-
sworn, uniformed employees whose duties do
not require the attention of a licensed police
officer. CSO’s are full-time college students
enrolled in a law enforcement program. They
work part-time for the police department.
Their primary duties include assisting stranded
motorists, investigating animal health and
nuisance issues, traffic direction, fingerprinting,
transporting evidence, and vehicle lockout
assists.
CSO Sean Marben CSO Jake Lee
CSO Colin Reardon CSO James Hughes
The Apple Valley Police Department partners
with Independent School District 196 to assign
three School Resource Officers (SROs) to Apple
Valley high schools and middle schools. This
cost sharing partnership allows SROs to be in the
school buildings to handle a variety of youth
related issues including criminal investigations,
addressing unruly conduct, and educating
students and staff on public safety and criminal
justice topics.
The presence of a SRO in school district
buildings also provides school staff with a
personal contact who understands how the
school environment and on-going public safety
issues connect.
The SRO assignment is a significant commitment
for officers. They are involved with students well
beyond day-to-day activities; SROs spend time
with the students at dances, extracurricular
activities, and prom. This presence has a
positive impact on students by building
relationships and approachability.
In 2016, Officer Brian Plantz served as the SRO
at Eastview High School, Officer Michael Eliason
served at Apple Valley High School through June
2016, and Officer Josh Gerving served at Apple
Valley's three middle schools. Upon Officer
Eliason’s retirement, Officer Gerving was
assigned to Apple Valley High School in the fall
and Officer Krista Erickson to the middle schools.
SCHOOL RESOURCE OFFICERS
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 17
2016 SRO Calls For Service
Apple Valley High School 190
Eastview High School 157
Scott Highlands Middle School 40
Falcon Ridge Middle School 42
Valley Middle School 54
School of Environmental Studies 38
Alterative Learning Center 16
SRO Josh Gerving SRO Brian Plantz
SRO Krista Erickson
SUPPORT
SERVICES
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 18
The Investigations Unit’s primary responsibility is
to follow up on crimes committed where the
suspect is unknown or difficult to locate.
Detectives also take the primary lead in major
case investigations such as homicides, arson,
robbery, burglary, and criminal sexual conduct.
Detectives conduct interviews, collect evidence,
process legal requests, execute search warrants,
and conduct follow-up on cases to ensure
criminal charges are pursued.
In 2016, Sergeant James Gummert, Detectives
Tommie Booth, Brian Bone, Tara Becker, Sean
McKnight, and Mike Tietz staffed the detective
unit. Denis Schweitzer managed the police
department’s property and evidence room.
In 2016 the detective unit investigated an
increased number of complex crimes. The
multiple layers involved in these crimes
consumed many investigative hours, and usually
involved forensic examination of some type of
electronic devices.
INVESTIGATIONS UNIT
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 19
Detectives investigated a total of 562 cases in 2016. The most
common types of cases include:
Assault 36
Backgrounds 115
Burglary 25
Criminal Sexual Conduct 42
Financial Fraud 47
Child Protection 37
In 2016, the Apple Valley Police Department
continued its strong support of the Dakota
County Electronic Crimes Task Force (DCECTF).
The DCECTF is a multi-agency task force
operating under a joint powers agreement within
Dakota County. The goals of the DCECTF are to
improve the turnaround time of electronic
forensics, conduct proactive investigations within
Dakota County, diminish investigative
redundancy, and provide broader expertise.
Detective Shane Klokonos was assigned to the
DCECTF during 2016.
In 2016, the DCECTF was involved in
forensically investigating electronic items from
261 cases in Dakota County. Of those 261
cases, 61 were from the Apple Valley Police
Department. Those 61 cases ranged from child
pornography, stalking, domestic abuse, and
criminal sexual conduct investigations. It is rare
when a case does not involve an electronic item
that needs to be forensically examined. As our
society increases its use and dependence of
electronic devices for social media, personal and
professional business, the DCECTF role in
investigative work will continue to grow.
The items pictured below are a sample of some
of the items forensically examined by the
DCECTF.
DAKOTA COUNTY ELECTRONIC
CRIMES TASK FORCE
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 20
The Dakota County Drug Task Force (DCDTF) is
a group of dedicated agents assigned to
investigate narcotics, weapons, and violent
crimes. Each of the member agencies
contributes at least one agent. Each agent is a
highly trained member of the team. Most have
several years of patrol, investigative, and tactical
experience before their assignment. In addition,
each agent attends a two week narcotics
investigation school sponsored by the Drug
Enforcement Administration, (DEA).
Detectives Alan Spillers and Joel Horazuk were
assigned to the DCDTF during 2016.
In 2016, agents from the DCDTF seized
$39,540.00 in cash, 4,216.41 grams of
marijuana, and 22.42 grams of
Methamphetamines in Apple Valley. Below are
pictures of the types of drugs seized in Apple
Valley in 2016.
DAKOTA COUNTY DRUG TASK
FORCE
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 21
The Dakota County Special Operations Team
(DCSOT) is a cooperative effort between public
safety agencies in Dakota County, developed
after the 9-1-1 terrorism attack.
The DCSOT operates with a focus on incidents
involving hazardous materials, weapons of mass
destruction, technical rope rescue, confined
space rescue, trench rescue, and SWAT
Operations.
The team consists of 36 members from police,
fire and EMS agencies within Dakota County.
Team members operate as highly skilled
rescuers, while ensuring crime scene
preservation and the tactical safety and rescue of
those involved in an incident. The DCSOT is
available to assist agencies within Dakota County
with incidents that require additional resources or
specialized skills. Sean McKnight of the Apple
Valley Police Department serves on the DCSOT
as the team commander.
The DCSOT is also part of the Minnesota
Structural Collapse Team and Minnesota Task
Force One (MN-TF1). Together with Minneapolis,
St. Paul, Edina and Rochester Fire Departments,
MN-TF1 responds with specialized equipment
and trained personnel to assist with Urban
Search and Rescue (USAR) and Structural
Collapse Incidents throughout Minnesota.
In 2016, the DSCOT responded to numerous
hazmat incidents, as well as a trench rescue, and
assisted in saving a buried child.
DAKOTA COUNTY SPECIAL
OPERATIONS TEAM
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 22
The Records Unit consists of five full-time and one part-time Records Technicians, a Lead Records
Technician, and a Police Administrative Manager.
2016 brought many significant changes to the Records Unit. We welcomed two new Records
Technicians to the team and implemented a new RMS/CAD/Mobile system for the department.
Records Technicians are accountable for a multitude of tasks. Some of these tasks include; data entry in
the Records Management System, referral of cases to our city and county attorneys’ offices for
prosecution, transcription of audio statements, processing requests from the public for information,
processing hand gun applications and compiling and reporting departmental statistics.
The Records Unit processed nearly 4100 requests for information in 2016.
RECORDS UNIT
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 23
Left to right: Records Technician Alice House, Front Desk Receptionist Nicole
Clifton, Lead Records Technician Terry McNulty, Records Technician Barb
Gevik, Records Technician Lori Hudyma, Records Technician Missy Nelson,
Police Administrative Manager Steph Mellesmoen, Records Technician Tori
Haider.
PROGRAMS
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 24
Coffee with the Cops
In 2016, the Apple Valley Police Department hosted
community chats called Coffee with the Cops. Local
businesses and multi-housing communities host the events.
Coffee with the Cops offers citizens the opportunity to talk
with police department employees in a relaxed setting about
concerns, issues, or to just say hello. If you want to know
when these events are happening, follow us on our
Facebook page at https://www.facebook.com/Apple-Valley-
Police-226202134082113/ or our Twitter account at
https://twitter.com/AppleValleyPD/following.
CRIME PREVENTION PROGRAMS
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 25
Watchdog Walkers
Watchdog Walkers engages the eyes and ears of the
hundreds of walkers out in our community every day to watch
for and report suspicious activity. The Hayes Community
Center hosted the 2016 W atchdog Walker event where
participants received a free Watchdog Walker dog tag and tip
card on how to report suspicious activity. Apple Valley dog
licenses were also available for purchase. Palomino Pet
Hospital was on hand offering reduced fee veterinary
services. Organizations like Dogday Getaway, Hugable
Mugs, and READ Therapy Dogs were also on hand.
Child Passenger Safety Program
In 2016, we conducted 54 child seat checks for Apple Valley
residents. We also participated in the Dakota County Child
Passenger Safety Initiative, assisting with booster seat
checkup events to ensure parents are providing the safest
transportation options for kids who have outgrown their car
seat.
Apple Valley residents who wish to have their car seat
installation checked free of charge can call Pam Walter at
953-2706 or email to pwalter@cityofapplevalley.org for an
appointment.
Citizen Academy
Ten people participated in our Citizens Academy over 9 weeks in
2016. Topics included investigations, drug task force, DWI
enforcement, traffic stops, retail crime, and K9. In addition, the
academy offered a chance to go to the firing range to learn about the
weapons officers use along with the opportunity to shoot the
weapons. Participants also had the opportunity for a ride along with
an officer during the course. The academy was well received by the
participants and continues to be a successful program giving citizens
an inside look at the people and operations of our department.
CRIME PREVENTION PROGRAMS
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 26
Teen Academy
Twenty-two students participated in our Teen Police Academy over 7
weeks in 2016. The academy gives high school students an inside
look at police work. The students learned about the Dakota
Communications Center (dispatch), Dakota County Drug Task Force,
K9 unit, crime scene investigation, DWI enforcement and had the
opportunity to participate in shoot/don’t shoot scenarios using
Simunition® weapons. Apple Valley officers present the sessions,
offering a good experience for youth who have an interest in how
their police department works for them or may be considering a
career in law enforcement.
Advanced Citizen Academy
Twenty people participated in our Advanced Citizens Academy over 4 weeks in 2016.
Topics included BCA forensics, Apple Valley Fire Dept., Allina EMS, Hennepin County
Medical Examiner, Child Protection, DCSOT, and the Dakota County Jail. The
Academy was well received by the participants and continues to be a successful
program giving citizens who have been through our Citizens Academy the opportunity
for a deeper look at the operations of our department.
Night to Unite
Night to Unite is our annual community crime
prevention celebration that takes place the first
Tuesday of August. Night to Unite provides the
opportunity for law enforcement and
communities to come together and strengthen
neighborhoods by getting to know one another.
August 2, 2016 was the 8th annual Night to
Unite celebration. This year’s event was
another big success in Apple Valley.
The day started out with the annual Apple
Valley Business Watch picnic at Kelley Park.
Over 200 people enjoyed lunch from various
food truck vendors.
The evening culminated with 113 (a record
number) registered neighborhood gatherings.
The Police, Fire, and Public Works
Departments, City Council, and other city staff
members were out visiting with citizens to
discuss neighborhood issues and socialize.
CRIME PREVENTION PROGRAMS
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 27
ISD 196 TEACHER ACADEMY
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 28
In a cooperative venture, Independent School District 196 and the Apple Valley, Eagan and Rosemount
police departments put on the 2016 Teacher Police Academy. Twenty teachers and administrators
from ISD196 completed the four week academy. The teachers learned about police procedures,
search and seizure, building searches, use of force, drugs, traffic stops, electronic investigations, and
more. Participants received a certificate of completion along with continuing education credits .
Since 1989 the Apple Valley Police Department
has sponsored a Law Enforcement Explorer Post
to help young men and women prepare for
careers in law enforcement
Post members meet weekly with members of the
Apple Valley Police Department, discussing a
variety of topics and acquiring the skills
necessary to be successful in law enforcement.
Some of these topics include: traffic stops, bomb
threat response, crime scene investigation, and
hostage negotiation.
In addition to learning law enforcement skills,
explorers also serve the citizens of Apple Valley
and Dakota County by assisting with community
events such as the 4th of July parade and
fireworks and the Dakota County fair. Throughout
2016 the explorers of Apple Valley completed
several hours of community service.
Annually, post members have an opportunity to
test their knowledge in a state competition
against other Explorer Posts from across the
state. The Apple Valley Police Explorer Post has
been the proud winner of many awards
throughout the years with their most recent
victories of 5th place in Domestic Crisis
Response and 2nd place in an Individual Slow
Fire Pistol Competition at the 2016 competition.
In addition to the state competition the Apple
Valley Police Explorer Post had the opportunity
to represent the Apple Valley Police Department
at the 2016 National Law Enforcement Exploring
Conference held in Flagstaff, AZ. The explorers
competed against agencies from across the
world at this conference.
Our post is currently comprised of dedicated and
hardworking individuals. There are currently 18
active explorers in the post. They are eager to
learn and are proud to be a part of the Apple
Valley Police Department family.
You can learn more about the Exploring program
here https://goo.gl/kan5Yz.
EXPLORER POST
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 29
Since 1997, the Apple Valley Police
Department Chaplains have been a
valuable resource in assisting with difficult
and sensitive situations including families in
crisis and death notifications. The volunteer
Chaplains are available 24 hours a day to
help officers. They remain with family
members as long as necessary, freeing up
officers to tend to other duties.
Chaplains are a regular presence at the
police department through chaplain
meetings, attending department meetings,
training, and ride-alongs with officers.
POLICE CHAPLAINS
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 30
Police Chaplains Left to Right: Ty Willems, Chuck Tindell, Steve Swanson, Bill Gould
2016 Police Chaplains
Bill Gould | Apple Valley Baptist Church, Apple Valley
Steve Swanson | Faith in Christ Fellowship, Eagan
Chuck Tindell (ret.) | Shepherd of the Valley, Apple Valley
Ty Willems | Christ Church, Apple Valley
In 2016, the Apple Valley Police Department
continued its partnership with 360 Communities,
a non-profit organization that provides domestic
and sexual assault advocacy and shelter
services to victims.
The Apple Valley Police Department takes
domestic and sexual assault very seriously,
recognizing the devastating effects this type of
crime has on victims, their families, and our
community. We appreciate the partnership with
360 Communities and their dedication to serving
victims capably and compassionately.
Stacie Burke served as the as the Outreach
Advocate working out of the police department in
2016.
360 COMMUNITIES AND ASSAULT
REVIEW TEAM
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 31
To enhance our service to victims of domestic
abuse, the Assault Review Team continued its
work in 2016. Team goals include; successful
prosecution of offenders, protection of victims
from further assault, and successful
identification of suspects that have a propensity
for violence with a high risk to reoffend.
Detectives Becker, Bone, McKnight, and
Officers Christianson, DeJonker, Horazuk,
Schultz, and Weber, served on the team led by
Sergeant Jim Gummert in 2016.
SPECIAL OLYMPICS
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 32
From June 23rd to June 25th approximately 1,550 athletes came to Apple Valley to compete in the
Special Olympics of Minnesota’s summer games at Eastview High School. The athletes competed in
various track and field events, gymnastics, tennis, and volleyball. Accompanying those athletes were
over 1,500 volunteers performing a wide range of duties.
Officers from law enforcement agencies throughout the state volunteered at the games. The officers
had the pleasure of handing out awards to the athletes. Several Apple Valley officers participated in a
5K run along with police car and equipment demonstrations. The games were a tremendous success,
and are scheduled to return to Apple Valley in 2017. You can learn more about he Special Olympics
Summer Games though this link http://specialolympicsminnesota.org/events/games/summer-games/.
EMPLOYEE
RECOGNITION
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 33
OFFICER OF THE YEAR
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 34
Officer Alan Spillers
While assigned to the Dakota County Drug Task Force, Detective Spillers conducted complex
investigations and built solid cases that resulted in significant indictments and charges. His ability to
develop confidential informants, gather evidence and link together complex cases truly highlighted his
abilities as an investigator. Additionally he followed up with issues in Apple Valley and kept our
department updated with emerging drug trends, problem areas and concerns from outside the borders
of the city. Detective Spillers’ efforts to protect our community from dangerous drugs and related
activity are significant and show an exceptional level of dedication.
EMPLOYEE OF THE YEAR
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 35
CSO Sean Marben
CSO Sean Marben was an integral member of the Apple Valley Police Department in 2016. CSO
Marben is a leader in the CSO unit and he trained three new CSO's. CSO Marben is always willing to
take on new projects and his attention to detail is outstanding. CSO Marben always has a positive
attitude and has proven to be an essential member of the Apple Valley Police Department .
MEDAL OF COMMENDATION
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 36
Officer Alan Spillers
While assigned to the Dakota County Drug Task force, Detective Alan Spillers began an investigation
into the distribution of methamphetamines. Through Detective Spillers’ investigation he was able to
infiltrate an arm of an organized drug trafficking organization in the Twin Cities area. The case grew to
the point in which it was certified as an OCDETF (Organized Crime Drug Enforcement Task Force)
case, by the U.S. Drug Enforcement Administration (DEA). The DEA used Detective Spillers’
investigation as a means to reduce the availability of drugs by disrupting and dismantling a drug cartel
based in Mexico. Because of Detective Spillers’ investigative skills, over 20 people are facing Federal
drug indictments.
AWARD OF MERIT
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 37
Officer Tara Becker
On February 19th, 2016 a victim reported she was being harassed by an ex-boyfriend who had sent
her over 100 text messages and left her numerous voicemails. In March 2016, the same victim again
reported that her ex-boyfriend had called her and threatened her career and reputation. Detective
Becker executed multiple search warrants and conducted several interviews, which helped her develop
a lengthy pattern of stalking by the ex-boyfriend. Detective Becker’s tenacious and prolonged
investigation sought to hold the suspect accountable as well as care for the victim’s needs .
AWARD OF MERIT
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 38
Officer Tara Becker
On March 16th, 2016 Detective Becker was assigned to a child protection case involving a juvenile
female who had been sexually assaulted. Detective Becker conducted a forensic interview with the
victim and developed a rapport with the victim. The victim disclosed there had been a significant
ongoing relationship with a close family member. Detective Becker worked to support the victim
throughout the investigation, charging, trial, and sentencing processes. The support Detective Becker
provided helped this victim manage a situation that was both emotionally and physically
traumatic. Because of Detective Becker’s efforts in this case, the suspect in this case was sentenced
to 17 years in prison.
AWARD OF MERIT
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 39
Officer David Fry
On April 11th, 2016 just after 10:00 p.m., Officer Fry responded to a suspicious person call. The
suspect had been looking through the window into a teenage girl’s bedroom with the use of a ladder.
Officer Fry responded to the scene quickly and took a sound approach through neighbors’ yards to
search for the suspect. Officer Fry observed the suspect hiding in a nearby yard and immediately
apprehended him. The suspect admitted using a ladder to peep into different homes in the area over a
period of time. Officer Fry’s actions reflected positively upon himself and the Apple Valley Police
Department.
AWARD OF MERIT
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 40
Officer Alan Spillers
On September 12th, 2016 Officer Alan Spillers was patrolling the Walmart parking Lot when he
observed a parked vehicle with front end damage and altered license plates. Officer Spillers waited for
the vehicle owner to return and he approached the suspect. When his story did not add up, Officer
Spillers continued to investigate eventually locating a controlled substance inside the vehicle. Officer
Spillers placed the driver under arrest and a search of the vehicle turned up a stolen checkbook.
Officer Spillers continued to investigate and later learned the checkbook and $20,000 - $30,000 were
taken during a robbery in Inver Grove Heights . Officer Spillers’ tenacity and attention to detail helped
solve numerous crimes.
RETIREMENTS
AND
NEW HIRES
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 41
Records Technician Bev Grove
On May 27, 2016 Records Technician Bev Grove retired from
the Apple Valley Police Department after 27 years of service.
Bev began her career with the City of Apple Valley in 1989 and
served as a dispatcher and records technician, finishing her
career as the front desk receptionist.
RETIREMENTS
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 42
Officer John Broughten
On May 31, 2016 Officer John Broughten retired from the Apple
Valley Police Department after 27 years of service. Officer
Broughten began his career with the City of Apple Valley in
1988 and served as a patrol officer, field training officer and
commercial vehicle enforcement officer.
Officer Michael Eliason
On June 24, 2016 Officer Michael Eliason retired from the
Apple Valley Police Department after 25 years of service.
Officer Eliason began his career with the City of Apple Valley in
1990 and served as a patrol officer, field training officer and
Apple Valley High School resource officer.
NEW HIRES
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 43
Officer Nicole Wilson
On May 16, 2016, Officer Nicole Wilson joined the Apple Valley
Police Department as a police officer. Prior to joining the
department, Officer Wilson served as a police officer in Inver
Grove Heights, Minnesota for over 3 years. Officer Wilson
holds a Bachelor of Arts degree from Hamline University.
Officer Brian Booth
On June 24, 2016, the Apple Valley Police Department hired
Officer Brian Booth as a police officer. Prior to becoming an
officer, Brian served as a community service officer with the
Apple Valley Police Department for two years. He served in
the United States Air Force for four years as a security forces
member. Officer Booth holds a Bachelor of Science degree in
Criminal Justice from Concordia University in St. Paul.
Officer Kailie Hinkle
On October 26, 2016, Officer Kailie Hinkle joined the Apple
Valley Police Department as a police officer. Prior to joining the
department Officer Hinkle worked for a year as a security officer
at the Mayo Clinic in Rochester. Officer Hinkle holds a
Bachelor of Science degree in law enforcement and a minor in
psychology from Minnesota State University – Mankato.
NEW HIRES
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 44
CSO Jakob Lee
On May 16, 2016, Community Service Officer Jakob Lee joined
the Apple Valley Police Department. CSO Lee attends
Minnesota State University – Mankato and is completing a
Bachelor of Science degree in law enforcement.
CSO Colin Reardon
On April 17, 2016, Community Service Officer Colin Reardon
joined the Apple Valley Police Department. CSO Reardon
attends Metro State University and is completing a Bachelor of
Science degree in law enforcement.
CSO James Hughes
On November 12, 2016, Community Service Officer James
Hughes joined the Apple Valley Police Department. CSO
Hughes attends Minnesota State University – Mankato and is
completing a Bachelor of Science degree in law enforcement.
NEW HIRES
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 45
Records Technician Tori Haider
On June 27, 2016, Records Technician Tori Haider joined the
Apple Valley Police Department. Before Joining the
department, Tori was a full-time student at the University of
Minnesota – Duluth where she earned a Bachelor of Arts
Degree in criminology and sociology.
Records Technician Nicole Clifton
On July 5, 2016, Records Technician Nicole Clifton joined the
Apple Valley Police Department. Prior to joining the
department, Nicole worked for over a year as a records
technician at the Metro Transit Police Department. Nicole holds
a Bachelor of Science Degree in criminal justice from Winona
State University and a certificate in crime analysis from Century
College.
STATISTICAL
INFORMATION
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 46
39223
35215 34497 35510
39548
7932 7624 7114 7297 7468
2012 2013 2014 2015 2016
POLICE CALLS
FOR SERVICE
POLICE REPORTS
CALLS FOR SERVICE
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 47
179
168
175 171
153
2012 2013 2014 2015 2016
Personal Injury Motor Vehicle Crashes
MOTOR VEHICLE CRASHES
879
827
861 851
906
2012 2013 2014 2015 2016
Property Damage Motor Vehicle Crashes
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 48
17 18
9 9
17
2012 2013 2014 2015 2016
Robbery
ROBBERY AND THEFT
1052 1063
945 967
1020
2012 2013 2014 2015 2016
Theft
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 49
277
256 262
295 300
2012 2013 2014 2015 2016
Assault
ASSAULT AND TOTAL ARRESTS
1482 1307
1096 969
1234
2012 2013 2014 2015 2016
Total Arrests
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 50
410
343
280 263
378
2012 2013 2014 2015 2016
Juveniles Charged
JUVENILES AND ADULTS CHARGED
1072 964
816 706
856
2012 2013 2014 2015 2016
Adults Charged
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 51
591 564
419 480 518
2012 2013 2014 2015 2016
Permits to Purchase a Firearm
PERMITS TO PURCHASE A
FIREARM AND INFORMATION
REQUESTS
3488
2930 3111 3397
4100
2012 2013 2014 2015 2016
Information Requests
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 52
SELECTED CRIMES REPORTED
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 53
Selected Crimes Reported
ASSAULT/TERRORISTIC THREATS (300)
BURGLARY/BURGLARY TOOLS (150)
CRIMES AGAINST FAMILY (37)
CRIMINAL SEXUAL CONDUCT (108)
DRUG RELATED (377)
DUI (205)
FORGERY (34)
JUVENILE RUNAWAY (78)
VANDALISM (404)
ROBBERY (17)
POSSESS STOLEN PROPERTY (26)
THEFT (1,020)
MOTOR VEHICLE THEFT (44)
TRESPASSING (18)
UNDERAGE DRINKING & DRIVING (14)
VIOLATION OF A COURT ORDER (119)
IN CLOSING
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT PAGE 54
ABOUT OUR CREST AND PATCH
THE EAGLE
The eagle on our patch represents our noble nature, strength, bravery and alertness. In its right talon, the eagle
holds an olive branch; a sign of peace and in its left talon the eagle holds arrows, symbolizing the willingness to
fight for nobility.
THE WREATH
The use of the laurel wreath on our crest dates back to ancient times as a symbol of peace, eternity, victory and
unrequited love. The wreath is meant to communicate the same values today along with emphasizing the other
elements of the crest. The circular shape of interlocking branches is a historic emblem that resonates victory.
THE SHIELD
Both our patch and crest contain a shield that is a symbol of protection, our primary duty to our citizens. The 1964
at the top of the shield is the year the Apple Valley Police Department came into existence. The stars and stripes in
the upper right quarter of the shield represent our commitment to our country and the apple tree in the upper left
quarter of the shield represents our commitment to our community. The torch in the lower right quarter of the shield
represents our commitment to constant vigilance and the book in the lower left quarter of the shield represents our
commitment to learning and understanding.
THE BANNER
Both our patch and crest contain a banner with our department motto “Spectemur Agendo” (we are judged by our
deeds). This banner communicates our desire to live out our values and mission daily, not through words but
through actions.
PAGE 55 THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT
WORTH A THOUSAND WORDS…
PAGE 56 THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT
We trust that the time you have spent reading our 2016 annual report
has given you a deeper understanding of what we do day-to-day as
members of the Apple Valley Police Department. Consider this annual
report a highlight reel, much like a recap of your favorite team’s big
game from the sports desk.
The Apple Valley Police Department serves you at a high capacity in
our work, but we do not stop there. Service is a lifestyle. Just as you
are likely to see us go the extra mile for you while on duty, you will find
us in the community coaching, teaching, volunteering and committing
in uncountable ways.
Thank you for the honor of letting us serve you,
Your Friends at the AVPD!
Page
57
THANK YOU
THE 2016 ANNUAL REPORT OF THE APPLE VALLEY POLICE DEPARTMENT
Our mission is to protect our community and improve quality
of life through service, education, and enforcement
Apple Valley Police Department
7100 147th St. W.
Apple Valley, MN 55124
952-953-2700
police@ci.apple-valley.mn.us
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
Receive Telecommunications Advisory C ommittee 2016 A nnual Report
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
Receive the Telecommunications Advisory C ommittee 2016 A nnual Report.
S UM M ARY:
Attached for your receipt is a copy of the 2016 Annual Telecommunications Advisory
Committee Report for the C ity of Apple Valley.
B AC K G RO UND :
T he report was approved by the Telecommunications Advisory C ommittee on March 6,
2017. T he report outlines activities and accomplishments of the Committee for the previous
year.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R eport
City of
MEMO
Administration
TO: Mayor, City Council, and City Administrator
FROM: Telecommunications Advisory Committee
DATE: March 6, 2017
SUBJECT: 2016 ACCOMPLISHMENTS
The Telecommunications Advisory Committee held three meetings in 2016. The members of the
Committee in 2016 were: Rollin Bible, Jerry Brown, John Magnusson, Dale Rodell, Scott Hugstad-
Vaa, and David Westbrook. David Westbrook served as Chair and Jerry Brown served as Secretary.
During the summer, Mr. Hugstad-Vaa passed and members Westbrook and Magnusson resigned.
The City Council restructured the Committee to include five members for the future.
Major accomplishments and/or undertakings by the Telecommunications Advisory Committee
during 2016 include:
Year Four of Cable Franchise Renewal Process: The City continued work with the
renewal of the franchise agreement with Charter Communications. The existing agreement
took effect in 1999 and has a term of 15 years. Typically, the franchise renewal process
takes three years. However, this process has been extended and the franchise was extended
through the end of 2015. The City used the legal services of Mr. Bob Vose of the firm
Kennedy and Graven. The City is working jointly in the renewal process with the Cities of
Farmington and Rosemount. While each city will have its own franchise ordinance, the
language will be virtually identical in each, allowing for more efficient joint administration
of the three franchises and cohesive partnership in the cable commission.
The renewal process was marked by periods of progress and stagnation. In early 2016,
significant progress was made and an agreement appeared imminent. However, when
Frontier Communications applied for a competitive franchise, Charter placed negotiations on
hold, where they remained through the end of the year.
Frontier Communications Competitive Franchise: Frontier Communications applied for
a competitive cable franchise in 2016. While traditional cable service would require a
competitor to “overbuild” the city with a new network, Frontier proposed to use new
technology that allows them to provide cable service over their existing telephone system.
The City approved a competitive franchise ordinance for a five year term. The City will need
monitor Frontier’s progress to ensure that the necessary technology upgrades are installed to
offer the service to residents within the City.
Participation in State-wide Cable Administration Association: The Committee continued
its participation in the Minnesota Association of Community Telecommunications
Administrators (MACTA). The Committee also monitored events pertaining to municipal
wireless and broadband service provision.
Participation in Joint Powers Cable Commission: The City of Apple Valley also participated
in a joint powers agreement with the Cities of Farmington and Rosemount to provide for certain
cable television services. The group approved an operating budget for 2017.
Review of Cable-related Complaints. The Committee reviewed cable complaints received
by Commission staff. The number of complaints in recent years has been historically low
and most pertain to unburied service drops or billing issues.
Franchise Fee and PEG Fee Review: Pursuant to both franchise agreements, the cable
company is obligated to pay the City an annual franchise fee equivalent to 5% of their annual
gross revenues. Under both agreements, the Cable Company is required to make quarterly
franchise fee payments, rather than annual payments. The total quarterly payments were as
follows:
Quarter Franchise Fees PEG Fees
First Quarter 2016 $161,974.73 $15,126.00
Second Quarter 2016 $164,121.99 $15,114.50
Third Quarter 2016 $163,962.49 $15,270.50
Fourth Quarter 2016 $182,532.65 $15,470.50
Total $672,591.86 $60,981.50
The franchise fee for 2016 totaled $672,591.86, up significantly from $642,256.07 in
2015. This rebound from the previous year seems to indicate that the cable company is
generating more revenue from the cable system.
Quarter Franchise Fees PEG Fees
First Quarter 2015 $160,276.16 $15,432.00
Second Quarter 2015 $159,091.50 $15,255.50
Third Quarter 2015 $156,965.14 $15,105.50
Fourth Quarter 2015 $165,924.07 $15,174.00
Total $642,256.07 $60,967.00
Pursuant to the franchise agreements, the Cable Company is obligated to collect a PEG
fee for the City. Per the franchise agreement, the City’s PEG fee is $.50 per subscriber.
The City received PEG fees in the amount of $60,981.50 for 2016. The PEG fee revenue
for 2015 was $60,967.00, as shown above. This very slight increase in PEG fee revenues
implies that cable subscribers are holding steady. The PEG fee revenues are used to
finance the City’s portion of the joint cable commission.
With franchise fees increasing significantly, PEG fees holding steady, and development
(and potential subscribers) increasing steadily, it appears that the cable company is likely
continuing to lose some of its previous subscriber base, but has been able to generate
more revenue from cable-related services to existing customers.
Capital Equipment Planning and Acquisition: The cable commission planned to upgrade
its “field cameras”, portable production studio, and editing equipment used for production of
television shows in 2016. However, due to staffing issues, these purchases were postponed
until 2017.
Cable-cast of Public Meetings: Cable-casting of City Council and Planning Commission
meetings continued in 2016. In addition, City of Farmington and Rosemount City Council
and Planning Commission meetings and Dakota County Board meetings were also televised.
Government Access Programming: With the addition of a new franchise holder, the PEG
channels will not all have the some channel number in both systems, but will be kept in a
common area of numbers. Government Access Channel 180 (formerly 16) continued to
provide government access for the joint powers commission established by the Cities of
Apple Valley, Farmington, and Rosemount. Programming and bulletin board materials were
added for the other cities. In 2016, the City continued joint police program production with
the Cities of Farmington and Rosemount. The City also used City and Commission staff to
produce a video of the State of the City address. The City continued to cable-cast live
Planning Commission and City Council meetings. These meetings were recable-cast
periodically.
Public Access Television: Under the new franchise agreement, Charter Communications is
no longer required to provide the same public access television opportunities provided in the
past. In 2010, Charter transferred this responsibility to the Cities in the joint powers
commission. The cities provided video bulletin board messages on the channel, but not
program playback.
Joint Powers Commission Summary: Since its inception, the Commission has provided
staffing and support services to the Cities of Apple Valley, Farmington, and Rosemount.
During 2016, the three cities continued a joint program production model, in which the
shows produced by the Commission staff would be targeted to the larger audience of all three
cities, as opposed to Apple Valley-oriented shows. Expanding the scope to all three cities
not only creates more program topic options, but also allows the staffing burden and program
topics to be spread across the three city, reducing in-kind costs to Apple Valley.
The Telecommunications Advisory Committee welcomes direction from the City Council as well as
any recommendations, questions, or concerns.
I T E M: 4.E .
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
Receive Urban A f f airs A dvisory C ommittee 2016 Annual Report
S taff Contact:
J oan Murphy, D epartment Assistant
D epartment / Division:
C ommunity D evelopment Department
AC T I O N RE Q UE S T E D:
Receive the Urban Affairs Advisory C ommittee 2016 Annual Report.
S UM M ARY:
T he C ommunity Development Department is responsible for the work of the Urban Affairs
Advisory C ommittee. City ordinance requires that a report of the Committee be provided
annually representing the work during the preceding year, 2016.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R eport
APPLE VALLEY
URBAN AFFAIRS
ADVISORY COMMITTEE
2016 ANNUAL REPORT
Members of the Apple Valley Urban Affairs Advisory Committee are:
Sharon Schwartz, Chair
Sandy Breuer, Secretary
Barry Berg
Edwin Holmes
Walton Mahlum
Pamela Sohlberg
Vacant
The role of the Urban Affairs Advisory Committee is to make recommendations to the City
Council concerning ad hoc topics as requested. The Committee held one meeting in 2016 on
October 26th. The City Council directed the Urban Affairs Committee to study Temporary Family
Health Care Dwellings at its July 28, 2016, meeting. The October 26th meeting received the
action of the City Council to opt out of allowing Temporary Family Health Care Dwellings,
introduced the state law, and described the purpose and function of the temporary dwelling
units. The committee continued to discuss and research the topic into early 2017.
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Reduction of Various F inancial G uarantees
S taff Contact:
J oan Murphy, D epartment Assistant
D epartment / Division:
C ommunity D evelopment Department
AC T I O N RE Q UE S T E D:
Approve reduction and release of various financial guarantees.
S UM M ARY:
T he City holds numerous financial guarantees to ensure the installation of certain
improvements in new developments, as well as to assure protection of natural resources.
Staff review of the status of these developments indicates that the following actions are in
order:
1.Regent’s Point
(PC 13-27-ZS)
LO C #69607295
Original Deposit on 5/31/16 $167,932.00
Reduce now to $ 0.00
2.C obblestone Lake North Shore 2nd
Addition
(PC 15-35-P ZS)
LO C #IS0432344U
Original Deposit on 6/15/16 $749,015.00
Reduced 11/22/16 to $349,015.00
Reduce now to $100,000.00
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
N/A
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving A mendment to C onditional Use Permit for Monopole at C hrist
Church (12925 J ohnny C ake R idge Road)
S taff Contact:
A lex Sharpe, P lanner and E conomic Dev. S pec.
D epartment / Division:
C ommunity D evelopment Department
AC T I O N RE Q UE S T E D:
Adopt resolution approving a correction to a conditional use permit Resolution (2017-
10 ) approving a 87 ft. tall wireless communication monopole located at C hrist Church
(12925 J ohnny C ake Ridge Road).
S UM M ARY:
T he C ity C ouncil approved a C UP for a 87 ft. tall wireless communications tower at C hrist
Church on J anuary 12, 2017. Condition four of the resolution was that the antennas be flush
mounted, to meet city code. T he date of the plan displaying the flush mounted design
is November 11, 2016, not the plan version dated O ctober 11, 2016 which was inadvertently
referenced in the prior resolution. T he attached resolution amends 2017-10 to reflect the
correctly dated plan which provides for the flush mounted antennas.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
Plan S et
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-___
A RESOLUTION APROVING A CONDITIONAL USE PERMIT AMENDMENT
FOR AN 87 FOOT TALL WIRELESS COMMUNICATION TOWER AT CHRIST CHURCH
(12925 JOHNNY CAKE RIDGE ROAD)
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the
City; and
WHEREAS, said regulations provide that a wireless communication tower as regulated in
Section 155.248 of the city code may be allowed within the confines of an Institutional zoning
district and in accordance with specific performance standards, as a conditional use; and
WHEREAS, The property is legally described as Lot 1, Block 1, Christ Church, Dakota
County, Minnesota; and
WHEREAS, a conditional use permit for a wireless communication tower has been issued to
this property through Resolution No. 2010-131; and
WHEREAS, all conditions, site plans, and approvals in Resolution No. 2010-131 are hereby
amended, all conditions set forth in this resolution shall apply to the afore mentioned property; and
WHEREAS, all conditions, site plans, and approvals in Resolution No. 2017-10 are hereby
amended to correct a condition related to the site plan, all conditions set forth in this resolution shall
apply to the afore mentioned property; and
WHEREAS, approval of a Conditional Use Permit amendment for a wireless communication
tower has been requested by Christ Church and Verizon; and
WHEREAS, review of such Conditional Use Permit request to determine its conformance
with the applicable regulations and performance standards has occurred at a public hearing held on-
November 2, 2016; and
WHEREAS, the Apple Valley Planning Commission recommended approval of such
Conditional Use Permit subject to certain conditions on January 4, 2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that a Conditional Use Permit for a Wireless Communication tower
within a Institutional zone be approved subject to compliance with all applicable City codes and
standards, and the following conditions:
1. The Conditional Use Permit shall apply to property located at 12925 Johnny
Cake Ridge Road, legally described at Lot 1, Block 1, CHRIST CHURCH.
2
2. All conditions and findings approved in Resolution No. 2010-131 shall hereby
be amended; the following conditions shall direct apply for the conditional use.
3. The wireless communication tower shall be constructed in accordance with the
site plan (sheet A-1), and the elevation plant (sheet T-1) and Landscape plan
(sheet A-1.2) dated October 11, 2016.
4. The antennas shall be flush mounted to the communication tower in accordance
with the elevation plan (sheet T-1) dated November 11, 2016.
5. The telecommunication service applicant shall provide verification of written
final authorization/agreement with the landowner for the placement of the
communication tower on the property prior to issuance of a building permit.
6. A nursery bid list shall be submitted that confirms that the value of landscape
plantings meets or exceeds 2.5% of the value of the construction of the
communications tower per city ordinance.
7. The landscape plan dated October 11, 2016 (sheet A-1.2) shall be revised to
replace the 8’ Colorado Blue Spruce with 8’ Black Hills Spruce.
8. Tower construction, maintenance, and operation shall comply with the
communications tower requirements set forth in the City code, Section 155.385.
9. The cedar fencing and equipment platform shall be maintained to prevent visual
deterioration.
10. Construction plans which are certified by a qualified and licensed professional
engineer to be in conformance with: the latest structural standards: acceptable
engineering methods and practices and the National Electrical code; designed in
all aspects to accommodate both the operator’s antenna and on additional user
shall be provided prior to the issuance of a building permit.
11. The conditional use permit may be revoked upon any violation of City Code, the
conditions set forth in this permit, or any applicable federal or state law or
regulation.
12. A building and electrical permit shall be obtained from the Building Inspections
Department prior to any construction on the site.
ADOPTED this 23rd day of March, 2017.
_________________________________
3
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true
and correct copy of a resolution adopted by the City Council on March 23, 2017, the original of
which is in my possession, dated this 23rd day of March, 2017 .
____________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
Delegard A pple Villa Apartments, L ot 1, B lock 1, Apple Villa Second A ddition (7800 to 7822
W hitney Drive)
S taff Contact:
K athy Bodmer, A I C P, P lanner
D epartment / Division:
C ommunity D evelopment Department
Applicant:
Delegard A pple Villa P roperties L L C
P roject Number:
P C16-18-C Z B
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
1. Adopt resolution approving Planned Development agreement and associated
agreements and authorize Mayor and C ity C lerk to sign the same.
2. Adopt resolution approving Site Plan/Building Permit A uthorization for 28-unit
apartment building.
S UM M ARY:
Delegard Apple Villa Properties LLC submitted an application for a comprehensive plan
amendment, rezoning, planned development agreement, site plan review/building permit
authorization and final plat to construct a new 28-unit apartment building on the existing
apartment property located at 7800 to 7822 Whitney Drive. T he property currently has three
apartment buildings with 16 units each for a total of 48 units on the site. T he addition of a
28-unit building would bring the total number of apartment units on the property to 72.
At its meeting of December 22, 2016, the C ity C ouncil approved a comprehensive plan
amendment from "MD" (Medium D ensity Residential, 6 to 12 units/acre) to "HD" (High
Density Residential, 12+ units/acre), a rezoning from "M-7C" (Multiple family residential,
12 to 20 units/acre) to "PD" (Planned D evelopment) and the final plat of Apple Villa Second
Addition. T he two remaining land use actions would be consideration of the Planned
Development A greement and Site Plan Review/Building Permit A uthorization.
Planned D evelopment Agreement: O ne of the conditions of approval of the ordinance
rezoning the property to "P D" (Planned Development) was execution of a planned
development agreement. T he Planned D evelopment Agreement memorializes the specific
development standards approved in accordance with the adopted P D-1025 ordinance.
Conditions are established to ensure the development will comply with all of the conditions
of the approved development plans. T he subdivision financial guarantee and park dedication
are also specified. In addition to the Planned Development A greement, the property owners
have also executed a Storm Water Infiltration Basin Installation and Maintenance Agreement
for the above-ground storm water retention area and a covenant for the perpetual
maintenance of the underground stormwater structure.
Site Plan/Building Permit Authorization: T he site plan shows that the two existing detached
garage buildings in the center of the site will be removed to construct the 3-story 28-unit
apartment building. T he two existing access points from Whitney Drive would remain in their
current location. Access to the new apartment’s underground garage would be taken from the
east side of the building. In accordance with the building permit authorization, the existing
building exteriors will be renovated and painted to match the new building. Screening is
shown along the west property line to soften the view of the new development from the
residential properties to the west.
B AC K G RO UND :
T he P lanning Commission voted unanimously to recommend approval of the project at
their meeting of J uly 6, 2016. T he City Council approved the comprehensive plan
amendment, rezoning and final plat of Apple Villa Second Addition at its meeting of
December 22, 2016.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
Agreement
Agreement
Agreement
R esolution
Background Material
Map
Plan S et
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-___
PLANNED DEVELOPMENT AGREEMENT APPROVAL
APPLE VILLA SECOND ADDITION
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has
adopted, as Title XV of the City Code of Ordinances to control land uses throughout the City;
and
WHEREAS, pursuant to Chapters 155 of the City Code, the City Planning Commission
held a public hearing on an application for Comprehensive Plan Land Use Map re-designation,
rezoning and zoning amendments on May 18, 2016; and
WHEREAS, the City Planning Commission recommended its approval of the
Comprehensive Plan Land Use map re-designation, rezoning and zoning amendments on July 6,
2016; and
WHEREAS, the City Council approved the Comprehensive Plan Land Use Map re-
designation from “MD” (Medium Density Residential, 6-12 units/acre) to “HD” (High Density
Residential, 12+ units/acre), the rezoning from “M-7C” (Multiple Family Residential, 12-20
units/acre) to “PD” (Planned Development), and the final plat of APPLE VILLA SECOND
ADDITION on December 22, 2016; and
WHEREAS, pursuant to Chapter 155 of the City Code, the Planned Development
Agreement between the applicant and the City detailing the conditions of approval of the
amendments to Planned Development No. 1025 for the Apple Villa Second Addition
development has been prepared.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the Planned Development Agreement for the following
described plat of land is hereby approved and the Mayor and City Clerk are authorized to sign
the same, to wit:
APPLE VILLA SECOND ADDITION
ADOPTED this 23rd day of March, 2017.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of
a resolution adopted by the City Council on March 23, 2017 dated this _____ day of
__________________, _____.
________________________________________
Pamela J. Gackstetter, City Clerk
1
CITY OF APPLE VALLEY
RESOLUTION NO. 2016 - __
A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT
FOR DELEGARD APPLE VILLA APARTMENTS
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout
the City; and
WHEREAS, said regulations provide that issuance of a building permit for commercial,
industrial, and multiple residential uses require the specific review and approval of development
plans by the Apple Valley Planning Commission and City Council; and
WHEREAS, approval of such a building permit issuance has been requested for the above
referenced project; and
WHEREAS, the Apple Valley Planning Commission has reviewed the development plans
and made a recommendation as to their approval at a public meeting held on July 6, 2016.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the issuance of a building permit for a 28-unit apartment
building is hereby authorized, subject to the following conditions:
1. Approval of the Building Permit is conditioned upon the approval of the
Comprehensive Plan Amendment from “MD” (Medium Density) to “HD”
(High Density).
2. Approval of the Building Permit is conditioned upon the approval of the
Rezoning of the property from “M-7C” (Multiple family, 12-20 units/acre) to
“PD” (Planned Development).
3. Approval of the Building Permit is conditioned upon the approval and
recording of the final plat of Apple Villa 2nd Addition, development
agreement, planned development agreements and associated documents at the
Dakota County Recorder’s Office in accordance with the requirements of the
City Subdivision Code (Chapter 153.
4. If the Building Permit is not paid for and issued within one (1) year of the date of
approval, the approval shall lapse.
5. The Building Permit shall be applicable to property identified as Lot 1, Block
1, Apple Villa 2nd Addition.
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6. No demolition may occur until a Demolition Permit has been obtained. All
demolition must follow the City’s Demolition Permit Procedure.
7. Construction shall occur in conformance with the Site Plan dated April 11,
2016, including parking lot paving and a non-surmountable concrete curb and
gutter around the entire perimeter with a minimum driveway approach radius
of 15' at each public street, and a valley gutter at the edge of the street
pavement.
8. Site grading shall occur in conformance with a Natural Resources
Management Plan (NRMP) which shall include final grading plan to be
submitted for review and approval by the City Engineer; subject to the
applicant submitting a copy of the General Storm Water Permit approval, if
required, from the Minnesota Pollution Control Agency pursuant to Minnesota
Rules 7100.1000 - 7100.1100 regarding the State NPDES Permit prior to
commencement of grading activity.
9. The final stormwater management plan shall be reviewed and approved by
City Engineer prior to issuance of the building permit.
10. The final utility plan shall be reviewed and approved by the City Engineer
prior to issuance of the building permit.
11. Construction shall occur in conformance with the landscape plan dated April
11, 2016 and revised August 31, 2016, including sodded/seeded public
boulevard area up to each street curbline; subject to the following:
a. The petitioner shall submit a nursery bid list that confirms that the
landscape plantings meet or exceed 2-1/2% of the value of the
construction of the building addition.
b. The landscape plan shall be revised by replacing the black hills spruce
along the west property line with coniferous plantings that provide full
screening between the apartment site and the residential properties to
the west but will not interfere with overhead power wires. The
landscape plan is subject to review and approval by the City’s Natural
Resources Coordinator at time of application of the building permit.
12. Construction shall occur in conformance with the elevation plan dated April 8,
2016.
13. A staging plan shall be submitted at the time of application of the building
permit that specifies where the material storage, contractor parking, and
existing resident circulation within the site will occur during the construction
project. The Staging Plan is subject to review and approval by the City
Engineer.
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14. The property owner shall execute an Infiltration Basin Structure Installation
and Maintenance Agreement to be filed with the deed that ensures the
perpetual maintenance of the infiltration basin structure.
15. Construction shall be in conformance with the lighting plan dated May 16,
2016, on file at City Offices; subject to revisions to the plan to provide lighting
along the southern sidewalk without exceeding 0.5 footcandles at the south
property line. The lighting plan is subject to review and approval by the
Planner.
16. Approval of a signage plan is not included with this site plan and building
permit authorization. A separate application and signage plan in conformance
with the sign regulations must be submitted for review and approval to the
City prior to the installation of any signs.
17. Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday
through Friday. Weekend construction hours shall be limited to Saturdays
8:00 a.m. to 5:30 p.m.
18. The exterior of the existing three apartment buildings shall be renovated to
match the appearance of the new apartment building, including, at a
minimum, painting the trim, fascia, and deck railings to match the color of the
new apartment building; wash and repair of the brick siding; and wash and
repair of the roofs. The update of the existing buildings shall be completed
prior to issuance of the certificate of occupancy for the new apartment
building.
19. Earthmoving activities shall not occur when wind velocity exceeds thirty (30)
miles per hour. Watering to control dust shall occur as needed and whenever
directed by the Apple Valley Building Official or Zoning Administrator.
20. Issuance of a Building Permit and a final certificate of occupancy is contingent
upon the project being constructed in conformance with all the preceding
conditions as well as all applicable performance standards of the current
zoning regulations. In the event that a certificate of occupancy is requested
prior to completion of all required site improvements, a suitable financial
guarantee in the amount of 125% of the estimated cost of the unfinished
improvements shall be required along with an agreement authorizing the City
or its agents to enter the premises and complete the required improvements if
they are not completed by a reasonably stipulated deadline, with the cost of
such City completion to be charged against the financial guarantee.
21. The ongoing use and occupancy of the premises is predicated on the ongoing
maintenance of the structure and all required site improvements as listed in the
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preceding. No alteration, removal, or change to the preceding building plans
or required site improvements shall occur without the express authorization of
the City. Site improvements which have deteriorated due to age or wear shall
be repaired or replaced in a timely fashion.
BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance
is subject to a finding of compliance of the construction plans with the Minnesota State Building
Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform
Fire Code, as determined by the Apple Valley Fire Marshal; and
ADOPTED this 23rd day of March, 2017.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a
true and correct copy of a resolution adopted by the City Council on ___________ ___, 20____,
the original of which is in my possession, dated this _____day of ______________________,
20__ .
____________________________________
Pamela J. Gackstetter, City Clerk
1
DELEGARD APPLE VILLA APARTMENT ADDITION
PROJECT REVIEW
Existing
Conditions
Property Location: 7800-7822 Whitney Drive
Legal Description: Lot 1, Block 1, APPLE VILLA 1ST ADDITION, Dakota County, Minnesota.
And
Outlots A and B, NAMRON COMPANYS 1ST ADDITION.
And
That part of the Southeast Quarter of the Northeast Quarter of Section 33, Township 115, Range
20, described as beginning at the Northeast corner of Lot 1, Block 1, APPLE VILLA 1ST
ADDITION; thence Southerly along the east line of said Lot 1, a distance of 379.47 feet to the
Southeast corner thereof; thence Easterly 3.00 feet; thence Northerly parallel to the East line of
said Lot 1, a distance of 379.47 feet; thence Westerly 3.00 feet to the point of beginning.
Comprehensive Plan
Designation
MD-Medium Density Residential, 6 to 12 units/acre.
Zoning
Classification
M-7C – Multiple family residential, 12 to 20 units/acre.
Existing Platting Platted lot with residual pieces.
Current Land Use Apartments
Size: 166,460 sq. ft. (3.82 acres)
Topography: Flat
Existing Vegetation Vegetated urban landscape
Other Significant
Natural Features
N/A
Adjacent
Properties/Land
Uses
NORTH Townhouse Fourth Addition
Comprehensive Plan MD, Medium Density Residential, 6 to 12 units/acre
Zoning/Land Use M-6C, Multiple family, 6-12 units/acre
SOUTH Oaks of Apple Valley
Comprehensive Plan MD, Medium Density Residential, 6 to 12 units/acre
Zoning/Land Use M-6C, Multiple family, 6-12 units/acre
EAST Oaks Whitney Pines
Comprehensive Plan MD, Medium Density Residential, 6 to 12 units/acre
Zoning/Land Use M-8C, Multiple family, 12 – 24 units/acre
WEST Apple Valley 8th Addition
Comprehensive Plan LD, Low Density Residential, 2 to 6 units/acre
Zoning/Land Use R-3, Single family residential, 11,000 sq. ft. min. lot
Development
Project Review
Comprehensive Plan: The Comprehensive Plan currently guides the development of the
subject parcel for “MD” (Medium Density Residential, 6 to 12 units/acre). The existing density
on the site is 12.6 units/acre. The owners wish to construct a new apartment building on the site
which would bring the total density up to 19.9 units/acre; the maximum density as allowed under
the M-7C zoning designation is 20 units/acre. In order to add units to the site, it will be
necessary to amend the comprehensive plan designation from MD to “HD” (High density
residential, 12+ units/acre).
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The subject site is within a ¼ mile of the Apple Valley Transit Station, a regional transit hub in
Apple Valley. Numerous transit routes, including the METRO Red Line bus rapid transit
system, express routes to the two downtowns and local bus routes are operated out of this transit
facility. The Comprehensive Plan notes that a quality, functional rapid transit system should
create positive land use opportunities for Apple Valley including additional access to regional
employment centers and increased demand for housing conveniently located near the transit
stations.
Zoning: The property is currently zoned “M-7C” (Multiple family residential, 12 to 20
units/acre). Zoning code section § 155.331(B) restricts development to no more than one
principal building per lot unless approved by the City. The existing site has three apartment
buildings on a single parcel, but the property was originally developed in 1971. Rather than split
the existing parcel into individual lots, the property owner is requesting a rezoning of the
property from M-7C to “PD” (Planned Development). The PD designation will address two
setback variances that are requested as part of the development. The PD will also address the
multiple buildings on a single lot.
How PD Provides Public Benefit: Rezoning the 3.82-acre property to PD requires a written
statement from the petitioner indicating how the proposed rezoning to PD will benefit the public
interest. The petitioner states that this project will benefit the public in two key ways: first, the
project will improve the curb appeal of the site, and second, the owners will provide significant
stormwater management on the site where none exists today.
Increased Curb Appeal: The construction of the new building will provide an opportunity
for the owner to update the 40 year old buildings. The existing surface garages will be
removed and replaced with a new 3-story apartment building. The new apartment building
will be refreshing to Whitney Drive. The new detached garage structure will help provide
a privacy screen for residential properties to the west. The updated landscaping, site
lighting and new sidewalks will create a pleasant and inviting environment. Improvements
to the existing buildings will include freshly painted trim, fascia, siding and balconies,
along with masonry washing and repairs.
Stormwater Management: Stormwater management structures will be installed on the site
where no stormwater management is occurring today. A below grade infiltration system
will be installed which will provide stormwater management for 90.4% of the site. This is
well above the minimum requirement of only providing stormwater management for the
increased surface area on the site. The owners are making a large investment to construct
and maintain a system that will help to reduce the volume of stormwater and increase water
quality discharging to Keller Lake. Below grade infiltration is a large cost to the owners
and hidden from view, but an important benefit to the City of Apple Valley and the Keller
Lake community.
Preliminary Plat: No subdivision of the property is proposed. A rezoning of the property to PD
is requested in order to allow the existing three apartment buildings and the new apartment
building to be located on a single lot. The existing property description contains some metes and
bounds descriptions. A final plat will be required in connection with the project prior to issuance
of the building permit.
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Site Plan: The site plan shows that the two existing detached garage buildings in the center of
the site will be removed to construct the 3-story 28-unit apartment building. The two existing
access points within the site would be maintained. Access to the new apartment’s underground
garage would be taken from the east side of the building.
Under the planned development zoning designation, three exceptions from the M-7C zoning are
requested. The first would be to reduce the parking lot setback from 20’ to 15’ along Whitney
Drive. A larger setback is required from Whitney Drive because it is classified as a Collector
roadway. The second exception would be to reduce the number of garage parking stalls required
on the site. Today, there are 24 garage stalls for 48 apartment units which totals 0.5 garage
spaces/unit. The zoning code currently requires one garage space per unit, so the site is currently
short of the ordinance requirement. The petitioners state that there is only minimal demand for
the detached garage spaces; most of the residents prefer to park on the surface lot. The new
apartment building would have 28 underground parking stalls, which totals 1.0 spaces/unit. The
plans call for removing the two existing free-standing garages, reconstructing one 12-unit garage
and adding 28 underground garage spaces with the new apartment building. A total of 40 garage
spaces will be available on the site. With 76 dwelling units on the site, the garage spaces
available will be just slightly over 0.5 spaces per unit which is the same condition as the site has
today.
Grading Plan: The grading plan was reviewed by the City Engineer in his June 10, 2016,
memo. The final grading plan will be subject to his review and approval prior to issuance of the
Natural Resources Management Permit (NRMP).
Municipal Utilities: City sanitary sewer and water lines are available within the site. The City
Engineer identified a location where City water main is currently located outside of a drainage
and utility easement. Additional dedication of easement is needed, but will have no impact on
the construction project.
The petitioners show an underground stormwater detention system on the north side of the new
building. The subject property is located within a stormwater drainage area that drains directly
into Keller Lake. Storm sewer in this area is at capacity and untreated stormwater is draining
directly into Keller Lake which is a concern for water quality. The plans indicated that the
owners are going well above the minimum requirement of providing stormwater management for
only the increased impervious surface area on the site. Instead, the new stormwater system will
help to infiltrate 90.4% of the site’s impervious surface area. This is an important improvement
for the Keller Lake storm sewer area.
Elevation Drawings: The elevation drawings indicate the exterior of the new building will be
constructed with a combination of rock face block, brick and cementitious fiberboard lap siding.
The building will have a pitched roof which will make the building residential in character and
similar to adjacent buildings.
The petitioner plans to update the appearance of the existing buildings by updating the color
scheme to match the proposed apartment building. The trim, fascia and deck railings would be
repainted. Staff is recommending that a conditional of approval of the PD zoning should be that
the petitioners be required to also replace the existing building roofs. The proposed
4
improvements will do little to improve the site’s curb appeal if the existing badly stained roofs
remain on the buildings.
Landscape Plan: The value of the landscape plantings are required to be 2-1/2% the value of
the construction of the building based on Means Construction Data. A nursery bid list will be
required at the time of application of the building permit that verifies that the landscaping meets
the requirement. Staff is concerned about the choice of plantings along the west property line for
screening. The plans show the installation of a dense planting of black hills spruce, but an
overhead wire runs adjacent to the west property line. Staff would like the petitioner to replace
the trees with another plant material that will provide a dense screen while only growing to a
height of 8’ to 10’.
Lighting Plan: A lighting plan was submitted that shows light levels proposed within the site.
Within the area of the new building, lighting appears to be less than 0.5 footcandles at the
property line. The lighting plan was revised to address a concern about light levels along the
south property line. The revised plans may have gone too far so that segments of the south
sidewalk are now completely dark. Staff will work with the petitioner to refine the design to
address the lighting along the south side of the site.
Street Classifications/Accesses/Circulation: Whitney Drive – Classified as a Minor Collector
roadway with traffic volumes currently of 2,300 daily trips in the segment between Cedar
Avenue and Pennock Lane. It is estimated that traffic levels will grow to 3,500 by 2030 on this
same segment. Traffic levels are quite low, in spite of the fact that the street is classified as a
collector. In comparison, 153rd Street has 7,300 trips per day between Cedar Ave and Pennock
Lane. Pennock Lane between County Rd 42 and 153rd Street currently has 8,300 trips per day.
Traffic volume on those two streets is estimated to increase to 10,300 and 14,200 trips per day
respectively by 2030.
A trip generation report was submitted which states that the traffic levels generated by the new
building will not be significant. See City Engineer Brandon Anderson’s memo for additional
review and analysis.
Pedestrian Access: The new development adds sidewalk that will improve pedestrian
circulation through the site. A new sidewalk is shown running north and south along the east
side of the parking lot through the site. However, no striped pedestrian walkways are provided
through the parking areas between the building and the new north-south main sidewalk or to the
sidewalk along Whitney Drive. The subject property is within the Apple Valley Transit Station
Area, so protected walking and biking routes through the site to the station are needed. Clearly
marked pedestrian links through the parking lot to the area sidewalks should be added.
Public Safety Issues: The AV Police Department states that the existing apartment owner and
manager have been active participants in the City’s Crime-Free Multi-Housing program. Pam
Walter, Crime Prevention Specialist, says that additional lighting would benefit the existing
tenants on the site.
Recreation Issues: A cash-in-lieu of land dedication will be required in connection with the
apartment development.
5
Signs: No sign approvals are given at this time. No signs may be installed prior to the issuance
of a sign permit. A separate sign permit must be obtained prior to the installation of any signs on
the site or the building.
Public Hearing Comments:
1. Is the design of Whitney Drive able to handle the increased traffic? Staff response:
Traffic review was conducted by Spack Consulting which found that a new 28-unit
apartment building would generate 186 daily vehicle trips with 14 trips and 17 trips in the
a.m. and p.m. peak respectively. The study indicates that the resulting traffic volume
would be less than a third of Whitney Drive’s capacity .
2. Availability of parking in the neighborhood. On-street parking occurs during plowing
operations. Staff response: The proposed apartment development provides sufficient
surface parking so that on-street parking is not needed. All developments are required to
provide sufficient off-street parking within their developments so that on-street parking is
not needed. Coordination of plowing operations and resident parking are issues between
the homeowner’s association and their plowing contractor.
3. Owner of property has not adequately maintained existing structures. Concern that new,
larger structure will ultimately be inadequately maintained, causing more significant
aesthetic concerns. Staff response: On the contrary, the property is actually very well
maintained. The buildings are painted, the grass is cut and trimmed, the shrubs are
trimmed and landscape areas are clean, the parking lot is clean and the garages are
recently painted. The issue is not inadequate maintenance, but rather a lack of investment
over the years to modernize the appearance of the buildings. The construction of the new
apartment building would include updates to the existing buildings which would help to
update the overall appearance of the site. Building maintenance is not expected to be an
issue.
4. New, larger apartment building will look out of place and detract from appearance of the
neighborhood. Staff response: The petitioner provided a rendering that shows how a
new apartment building would look on the site in comparison with the existing buildings
on the site. The existing buildings are shown with updated painted trim, decks and
railings that would match the proposed new apartment building. The Oaks Whitney
Pines apartments to the east are three-story buildings, so the proposed new building is not
out of character with the neighborhood.
5. Re-designation of the property to high density is out of character with medium density
neighborhood. Staff response: There are a variety of densities within the vicinity of the
subject development. The Oaks Whitney Pines apartments east of the subject site is
guided for “MD” (Medium Density Residential, 6 to 12 units/acre) development, but
zoned M-8C for high density residential development at 12-24 units/acre. The existing
density of the Oaks Whitney Pines site is 22 units/acre while the proposed Apple Villa
development would be 20 units/acre. A high density residential designation is consistent
with the property to the east.
6
6. Loss of mature trees. Staff response: The trees on the property are primarily pine and
ash trees. The removals plan indicates five Pine trees and seven Ash trees are proposed
to be removed. The removals plan was discussed with Jessica Schaum, the City’s Natural
Resources Coordinator, and she stated that she discussed the landscape plan with the on-
site manager and was informed that the Ash trees that are remaining on the site would be
treated to help resist emerald ash borer. The landscape plan proposes to replace the Ash
trees with a greater variety of trees, including Northwood Red Maple, Skyline
Honeylocust, River Birch, Prairiefire Flowering Crab and Black Hills Spruce. Emerald
ash borer has been found in Apple Valley, so addressing existing Ash trees is critical.
7. The new apartment building will result in increased crime. Staff response: The City’s
Crime Prevention Specialist, Pam Walter, states that the Apple Villa property does not
generate a lot of police calls and has been very responsible and responsive with regards to
crime prevention measures. The on-site manager is very active with the Apple Valley
Crime-Free Multi-Housing program and avails herself and the property of many training
opportunities offered. The Crime-Free Multi Housing program provides training and
certification for preventing crime in multiple family neighborhoods through apartment
watch programs, tenant background checks, and physical improvements to the property.
8. Removing existing visual barrier – the new plantings that would replace the existing
buffer will be an insufficient sound and visual barrier. Staff response: The landscape
plan shows a dense planting of Black Hills Spruce along the west property line to screen
the view of the proposed new detached garages to the west. Northern Charm Boxwood is
proposed to be installed along the west line screening the parking lot from the residential
properties to the west. Twelve ash and pine trees will be replaced with 36 trees of a
variety of species.
9. Construction activity will be disruptive to the neighborhood. Staff response: A staging
plan would be required at time of application of the building permit to ensure vehicle
parking and material storage does not negatively impact the functioning of Whitney
Drive. Construction hours will be restricted to help minimize impacts to the
neighborhood.
10. Is the project compatible/consistent with the Comprehensive Plan goals? Staff response:
The 2030 Comprehensive Plan addresses the implementation of the METRO Red Line
Bus Rapid Transit (BRT) service and expected improvements and needs related to the
enhanced transit service. The plan notes that access to rapid transit service can be a
catalyst for commercial, office and housing development. The plan notes that the growth
of the regional rapid transit service expands the convenience and opportunity of traveling
to employment within Apple Valley, which benefits Apple Valley businesses. The plan
further notes that people may want to live in neighborhoods that have convenient access
to transit, which may create a demand for more intensive forms of housing within the
station areas. The proposed apartment development has convenient access to the Apple
Valley Transit Station (AVTS), making this a prime location for further development or
redevelopment. The proposed apartment addition allows for an intensification of
development that remains in scale with the adjacent apartment developments and allows
for an improvement of the existing apartment buildings.
7
11. Noise wall was constructed adjacent to Greenleaf Townhomes Fourth Addition when
Cedar Avenue was reconstructed. What about a similar wall to block view of Whitney
Drive? Staff response: The wall along Cedar Avenue is a sound wall not a screening
wall. The wall was constructed in connection with the Cedar Avenue upgrade project to
mitigate increases in noise from the highway improvement. A sound wall is related to
highway projects, not private development.
12. Bus traffic on Whitney. Staff response: A review of the Minnesota Valley Transit
Authority’s routes indicates that there is a bus route that runs on Whitney west of the site
between Pennock Lane and Garden View Drive. Staff has asked the MVTA to confirm
whether bus layover activity may be taking place in this area that would explain bus
traffic east of Pennock Lane on Whitney Drive.
13. Expect negative impacts to property values. Staff response: Property values are
determined by a complex set of variables that are difficult to attribute to a single adjacent
land use. Instead, property values are impacted by overall City development patterns.
Single family residential properties adjacent to multiple family properties in the City have
not experienced a decline in property values. The petitioner plans to update the existing
buildings which will help to improve the overall appearance of the site. The updated
buildings, along with the newly constructed apartment building, are not expected to
negatively impact the property values of surrounding residential properties.
Site
WHITNEY DR
CEDAR AVE S153RD ST W
PENNOCK LNNEWELL DRW H I T N E Y C T
REGENT DR
155TH ST W
DELEGARD APPLEVILLA APARTMENT ADDN
µ
LOCATION MAP ^
SITE "M D" (Medium Density Res'l, 6 to 12 units/acre)
P C
CLD
LDLD MD MIX
MIXINSCEDAR AVENEWELL DR
155TH ST W
REGENT DR
HALLMARK WAY
GASLIGHT DRCEDAR AVEC
COMPREHENSIVE PLANMAP
µ
DELEGARD APPLEVILLA APARTMENT ADDN
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SITE "HD" (High Dens, Residential, 12+ units/acre)
HDWHITNEY DRCEDAR AVENEWELL DR
155TH ST W
REGENT DR
HALLMARK WAY CEDAR AVEP C
LD
LDLD MD
INS
EXISTING
PROPOSED
SITE
157TH ST W
150TH ST W
CEDAR AVEWHITNEY DR
153RD ST W
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CIN
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PENNOCK LNC
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FIRESIDE DR
155T H ST W
COUNTY ROAD 42
NEWELL DR
HARALSON DR
JO NATH AN DR
GASLIGHT DRHAYES TRLHALLMAR K PATH
HARMONY WAYMINJON DRHARWELL AVEG
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HAN NOVER PATH
FRONTAGE RD
R EG EN T D RHOOVER LNHALLMARK WAYUPPER 157TH ST W
151ST ST W
GR
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THARMONY CTFRONTAGE RD
CEDAR AVEHARMONY WAY15 0T H ST WFRONTAGE RD
P
P
P
P
P
P
P
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8C
M-RB
RB
532
R-3
R-3
R-3
R-3
PD-
R-3
R-3
R-3
R-3
R-3
R-3
R-3
R-3
R-3
R-3
R-3
R-3
R-3
R-3
R-3
R-3
M-7C
M-6C
PD-244
PD-507
PD-244
PD-507
3
3
1
2
3
4
1
2
1
2
2
2
1
13
5
2
1
1
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DELEGARD APPLEVILLA APARTMENT ADDN
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REVISION SUMMARYDATEDESCRIPTIONC0.1SITE SURVEY............
REMOVAL NOTES:REMOVALS LEGEND:EROSION CONTROL NOTES:ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTIONAPPLE VILLA
7800-7822 WHITNEY DRIVE, APPLE VALLEY, MN 55124
9141 LYNDALE AVE. S., BLOOMINGTON, MN 55420
DELEGARD TOOL
PROJECT
........................96*5657+6'56.17+52#4-/0CivilSiteGroup.comMatt Pavek Pat Sarver763-213-3944 952-250-200304/11/16CITY SUBMITTALN44263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.04/11/16REVISION SUMMARYDATEDESCRIPTIONC1.0REMOVALS PLAN............GOPHER STATE ONE CALLWWW.GOPHERSTATEONECALL.ORG(800) 252-1166 TOLL FREE(651) 454-0002 LOCALCITY OF APPLE VALLEY REMOVAL NOTES:
SITE LAYOUT NOTES:SITE PLAN LEGEND:ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTIONAPPLE VILLA
7800-7822 WHITNEY DRIVE, APPLE VALLEY, MN 55124
9141 LYNDALE AVE. S., BLOOMINGTON, MN 55420
DELEGARD TOOL
PROJECT
........................96*5657+6'56.17+52#4-/0CivilSiteGroup.comMatt Pavek Pat Sarver763-213-3944 952-250-200304/11/16CITY SUBMITTALN44263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.04/11/16REVISION SUMMARYDATEDESCRIPTIONC2.0SITE PLAN............SITE AREA TABLE:GOPHER STATE ONE CALLWWW.GOPHERSTATEONECALL.ORG(800) 252-1166 TOLL FREE(651) 454-0002 LOCALZONING NOTES:PARKING CALCULATIONS:CITY OF APPLE VALLEY SITE SPECIFIC NOTES:
GENERAL GRADING NOTES:GRADING PLAN LEGEND:891.0 G891.0 BC891.0 BS/TSGROUNDWATER INFORMATION:EROSION CONTROL NOTES:ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTIONAPPLE VILLA
7800-7822 WHITNEY DRIVE, APPLE VALLEY, MN 55124
9141 LYNDALE AVE. S., BLOOMINGTON, MN 55420
DELEGARD TOOL
PROJECT
........................96*5657+6'56.17+52#4-/0CivilSiteGroup.comMatt Pavek Pat Sarver763-213-3944 952-250-200304/11/16CITY SUBMITTALN44263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.04/11/16REVISION SUMMARYDATEDESCRIPTIONC3.0GRADING PLAN............GOPHER STATE ONE CALLWWW.GOPHERSTATEONECALL.ORG(800) 252-1166 TOLL FREE(651) 454-0002 LOCALCITY OF APPLE VALLEY GRADING NOTES:OVERALL SITE CURVE NUMBER (CN) = 74
MH 32RIM=957.71IE=951.67CB 34RIM=957.70IE=953.20434 LF (2 ROWS @ 217 LF) 72" DIA. CMP UNDERGROUNDSTORMWATER INFILTRATION/DETENTION SYSTEM12" SIDE & END STONE, 36" STONE PIPE SEPARATION, 6"STONE COVER AND 6" STONE BASEFOOTPRINT=219' X 17'IE STONE=947.50IE 72" CMP=948.00OE 15" ORIFICE=950.00TOP BAFFLE WALLS=950.00TOP 72" CMP=954.00TOP STONE=954.50100-YR HWL=954.20BAFFLE WALLLOCATION, TYP.TOP=950.00TRENCH DRAINRIM=847.77IE =845.7719 LF 15" HDPESTORM @ 1.00%118 LF 15"HDPE STORM@ 1.00%23 LF 12"HDPE STORM@ 1.00%11 LF 12" HDPESTORM @ 1.00%STUB SANITARY TO 5'FROM BUILDINGIE @ STUB=948.00COORD. W/MECH'LPROPOSED GATEVALVE AND VALVE BOXMAKE WET TAP CONNECTIONTO EXISTING 6" WATER MAIN,COORD. WITH CITY11 LF 6" PVC SDR 26SANITARY SERVICE@ 1.00%GENERAL UTILITY NOTES:UTILITY LEGEND:ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTIONAPPLE VILLA
7800-7822 WHITNEY DRIVE, APPLE VALLEY, MN 55124
9141 LYNDALE AVE. S., BLOOMINGTON, MN 55420
DELEGARD TOOL
PROJECT
........................96*5657+6'56.17+52#4-/0CivilSiteGroup.comMatt Pavek Pat Sarver763-213-3944 952-250-200304/11/16CITY SUBMITTALN44263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.04/11/16REVISION SUMMARYDATEDESCRIPTIONC4.0UTILITY PLAN............GOPHER STATE ONE CALLWWW.GOPHERSTATEONECALL.ORG(800) 252-1166 TOLL FREE(651) 454-0002 LOCALCITY OF APPLE VALLEY UTILITY NOTES:
LANDSCAPE NOTES:ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTIONAPPLE VILLA
7800-7822 WHITNEY DRIVE, APPLE VALLEY, MN 55124
9141 LYNDALE AVE. S., BLOOMINGTON, MN 55420
DELEGARD TOOL
PROJECT
........................96*5657+6'56.17+52#4-/0CivilSiteGroup.comMatt Pavek Pat Sarver763-213-3944 952-250-200304/11/16CITY SUBMITTALNREVISION SUMMARYDATEDESCRIPTIONL1.0LANDSCAPE PLAN............24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.04/11/16GOPHER STATE ONE CALLWWW.GOPHERSTATEONECALL.ORG(800) 252-1166 TOLL FREE(651) 454-0002 LOCALIRRIGATION NOTES:LANDSCAPE CALCULATIONS:SHRUBN T S1AGGREGATE MAINTANENCE STRIPN T S2
CONSTRUCTIONENTRANCEPERIMETEREROSION CONTROLAT CONSTRUCTIONLIMITS, TYP.PERIMETEREROSION CONTROLAT CONSTRUCTIONLIMITS, TYP.INLET PROTECTION ATCATCH BASINS, TYP.ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTIONAPPLE VILLA
7800-7822 WHITNEY DRIVE, APPLE VALLEY, MN 55124
9141 LYNDALE AVE. S., BLOOMINGTON, MN 55420
DELEGARD TOOL
PROJECT
........................96*5657+6'56.17+52#4-/0CivilSiteGroup.comMatt Pavek Pat Sarver763-213-3944 952-250-200304/11/16CITY SUBMITTALN44263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.04/11/16REVISION SUMMARYDATEDESCRIPTIONSW1.1SWPPP - PROPOSEDCONDITIONS............LEGEND:EXISTING LIGHTEXISTING GAS METEREXISTING MANHOLEEXISTING CATCH BASINEXISTING GATE VALVEEXISTING HYDRANTEXISTING GAS VALVEEXISTING ELECTRIC BOXEXISTING UNDERGROUND CABLEEXISTING UNDERGROUND ELECTRICEXISTING STOPBOXEXISTING GAS MAINEXISTING WATER MAINEXISTING STORM SEWERCITY OF APPLE VALLEY EROSION CONTROL NOTES:1. THIS PROJECT IS GREATER THAN ONE ACRE AND WILL REQUIRE ANMPCA NPDES PERMIT. AN EROSION CONTROL PERMIT IS ALSOREQUIRED FROM THE CITY OF APPLE VALLEY.2. SEE SHEETS SW1.0 - SW1.5 FOR ALL EROSION CONTROL NOTES,DESCRIPTIONS, AND PRACTICES.3. SEE GRADING PLAN FOR ADDITIONAL GRADING AND EROSIONCONTROL NOTES.4. CONTRACTOR IS RESPONSIBLE FOR SWPPP IMPLEMENTATION,INSPECTIONS, AND COMPLIANCE WITH NPDES PERMIT.SWPPP NOTES:GOPHER STATE ONE CALLWWW.GOPHERSTATEONECALL.ORG(800) 252-1166 TOLL FREE(651) 454-0002 LOCAL
508 ft²Unit S1NET20'-0"27'-0"552 ft²B Unit S1931 ft²Unit B1NET27'-0"36'-0"994 ft²B Unit B11,170 ft²Unit C1NET3'-4"31'-8"10'-7"27'-3"19'-8"15'-4"35'-0"33'-2"4'-8"37'-10"1,241 ft²B Unit C1665 ft²Unit A1NET11'-8 5/8"12'-3 3/8"24'-0"27'-0"4'-8"31'-8"718 ft²B Unit A1NOT FORCONSTRUCTIONDateDrawn ByChecked ByProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson Architects 1/8" = 1'-0"4/7/2016 4:24:44 PMP:\1614-Delegard-Apple Valley-Apartments\Models\16-01-L-Dellegard Tool-Apple Valley_B2.rvtUnit PlansCheckerAuthor4/8/20161614Apple VillaApartmentsDelegard Apple VillaProperties LLCA4507800 - 7822 Whitney DriveApple Valley, MN 55124Civil Site Group4931 West 35th StreetSuite 200St Louis Park, MN 55416tel: (763) 213-3944205 E 78th StreetBloomington, MN 55420 1/8" = 1'-0"1S1 1/8" = 1'-0"2B1 1/8" = 1'-0"3C1 1/8" = 1'-0"4A1Unit Counts Total w/ Gross AreaName Type Count Area LevelB Unit A1 1 BR 12 718 ft²B Unit B1 1 + D 2 994 ft²B Unit C1 2 BR 12 1,241 ft²B Unit S1 Studio 2 552 ft²Grand total: 28Rev. No. Revision Date
MAIL BOXESA5003A5002A5001EXHAUSTA5004TRASH111098765432127262524232122192018171615141312DEEP STALL20'-0"DEEP STALL9'-0"18'-0" TYP.24'-0"18'-0" TYP.9'-0" TYP.STORAGE LOCKERSSTORAGE LOCKERSSTORAGE LOCKERSSTORAGE LOCKERSSTAIRWAYELEV. EQUIPMENT ROOMMECHANICAL/ELECTRICAL286 YARD TRASH BINS(6' x 5'-6" x 5')A5003A5002A5001A50041,241 ft²B Unit C1718 ft²B Unit A1718 ft²B Unit A11,241 ft²B Unit C11,241 ft²B Unit C1718 ft²B Unit A1718 ft²B Unit A11,241 ft²B Unit C1STAIRWAYSTAIRWAYCONF. ROOMOFFICECLUB ROOMLOBBYNOT FORCONSTRUCTIONDateDrawn ByChecked ByProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson Architects 1/8" = 1'-0"4/7/2016 4:24:42 PMP:\1614-Delegard-Apple Valley-Apartments\Models\16-01-L-Dellegard Tool-Apple Valley_B2.rvtLevel -1, Level 1CheckerAuthor4/8/20161614Apple VillaApartmentsDelegard Apple VillaProperties LLCA3007800 - 7822 Whitney DriveApple Valley, MN 55124Civil Site Group4931 West 35th StreetSuite 200St Louis Park, MN 55416tel: (763) 213-3944205 E 78th StreetBloomington, MN 55420 1/8" = 1'-0"1Level -1 1/8" = 1'-0"2Level 1Rev. No. Revision Date
A5003A5002A5001A50041,241 ft²B Unit C1718 ft²B Unit A1552 ft²B Unit S1718 ft²B Unit A11,241 ft²B Unit C11,241 ft²B Unit C1718 ft²B Unit A1718 ft²B Unit A11,241 ft²B Unit C1994 ft²B Unit B1STAIRWAYSTAIRWAYELEV LOBBYMECH/ELEC/STORAGEA5003A5002A5001A50041,241 ft²B Unit C1718 ft²B Unit A1552 ft²B Unit S1718 ft²B Unit A11,241 ft²B Unit C11,241 ft²B Unit C1718 ft²B Unit A1718 ft²B Unit A11,241 ft²B Unit C1994 ft²B Unit B1STAIRWAYSTAIRWAYELEV LOBBYMECH/ELEC/STORAGENOT FORCONSTRUCTIONDateDrawn ByChecked ByProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson Architects 1/8" = 1'-0"4/7/2016 4:24:44 PMP:\1614-Delegard-Apple Valley-Apartments\Models\16-01-L-Dellegard Tool-Apple Valley_B2.rvtLevel 2, Level 3CheckerAuthor4/8/20161614Apple VillaApartmentsDelegard Apple VillaProperties LLCA3017800 - 7822 Whitney DriveApple Valley, MN 55124Civil Site Group4931 West 35th StreetSuite 200St Louis Park, MN 55416tel: (763) 213-3944205 E 78th StreetBloomington, MN 55420 1/8" = 1'-0"1Level 2 1/8" = 1'-0"2Level 3Rev. No. Revision Date
Level 1100'-0"Level 2111'-1 7/8"Level 3122'-3 3/4"Truss Brg.131'-5 5/8"Level 1100'-0"Level 2111'-1 7/8"Level 3122'-3 3/4"Truss Brg.131'-5 5/8"Level 1100'-0"Level 2111'-1 7/8"Level 3122'-3 3/4"Truss Brg.131'-5 5/8"CEMENT FIBERBOARD LAP SIDING(COLOR: BM MUSKOKA TRAIL 974, TYP.)CEMENT FIBERBOARD LAP SIDING(COLOR: BM HEARTHSTONE 1601, TYP.)BRICK, SIOUX CITY BRICK - BUTTERNUT VELOUR, TYP.UP/DOWN LIGHTS, TYP.ROOFING SHINGLES, CERTAINTEED - WEATHERED WOOD38'-5 3/4"Level 1100'-0"Level 2111'-1 7/8"Level 3122'-3 3/4"Truss Brg.131'-5 5/8"ROCKFACE CMU - COUNTY MATERIALS(COLOR: MUSHROOM)NOT FORCONSTRUCTIONDateDrawn ByChecked ByProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson Architects 1/8" = 1'-0"4/7/2016 4:24:56 PMP:\1614-Delegard-Apple Valley-Apartments\Models\16-01-L-Dellegard Tool-Apple Valley_B2.rvtExterior ElevationsCheckerAuthor4/8/20161614Apple VillaApartmentsDelegard Apple VillaProperties LLCA5007800 - 7822 Whitney DriveApple Valley, MN 55124Civil Site Group4931 West 35th StreetSuite 200St Louis Park, MN 55416tel: (763) 213-3944205 E 78th StreetBloomington, MN 55420 1/8" = 1'-0"4West Elevation 1/8" = 1'-0"3South Elevation 1/8" = 1'-0"1North Elevation 1/8" = 1'-0"2East ElevationRev. No. Revision Date
Level 1100'-0"Level 2111'-1 7/8"Level 3122'-3 3/4"14'-11 3/8"Level 1100'-0"Level 2111'-1 7/8"Level 3122'-3 3/4"ROOFING SHINGLES , CERTAINTEED- WEATHERED WOOD, TYP.CEMENT FIBER BOARD LAPSIDING (COLOR: BMHEARTHSTONE 1601, TYP.)Level 1100'-0"Level 2111'-1 7/8"Level 3122'-3 3/4"Level 1100'-0"Level 2111'-1 7/8"Level 3122'-3 3/4"Level 1100'-0"6'-0"BRICK, SIOUX CITY BRICK -BUTTENUT VELOUR, TYP.Level 1100'-0"Level 1100'-0"Level 1100'-0"NOT FORCONSTRUCTIONDateDrawn ByChecked ByProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson Architects 1/8" = 1'-0"4/7/2016 4:24:57 PMP:\1614-Delegard-Apple Valley-Apartments\Models\16-01-L-Dellegard Tool-Apple Valley_B2.rvtExterior ElevationsCheckerAuthor4/8/20161614Apple VillaApartmentsDelegard Apple VillaProperties LLCA5017800 - 7822 Whitney DriveApple Valley, MN 55124Civil Site Group4931 West 35th StreetSuite 200St Louis Park, MN 55416tel: (763) 213-3944205 E 78th StreetBloomington, MN 55420 1/8" = 1'-0"1Garage Elevation - 1 1/8" = 1'-0"2Garage Elevation - 2 1/8" = 1'-0"3Garage Elevation - 3 1/8" = 1'-0"4Garage Elevation - 4 1/8" = 1'-0"5Trash Enclosure - 1 1/8" = 1'-0"6Trash Enclosure - 2 1/8" = 1'-0"7Trash Enclosure - 3 1/8" = 1'-0"8Trash Enclosure - 4Rev. No. Revision Date
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Filename: Z:\Job Files\Rouzer Group\Rouzer Group 112315\Apple Villa South Apartments\Working Files\AGI\APPLE VILLA SOUTH APARTMENTS LAYOUT 00027899B.AGIThe Lighting Analysis, ezLayout, Energy Analysis and/or Visual Simulation ("Lighting Design") provided byRAB Lighting Inc. ("RAB") represents an anticipated prediction of lighting system performance based upon designparameters and information supplied by others. These design parameters and information provided by others havenot been field verified by RAB and therefore actual measured results may vary from the actual field conditions.RAB recommends that design parameters and other information be field verified to reduce variation.RAB neither warranties, either implied or stated with regard to actual measured light levels or energy consumptionlevels as compared to those illustrated by the Lighting Design. RAB neither warranties, either implied or stated, norrepresents the appropriateness, completeness or suitability of the Lighting Design intent as compliant with anyapplicable regulatory code requirements with the exception of those specifically stated on drawings created andsubmitted by RAB. The Lighting design is issued, in whole or in part, as advisory documents for informational purposesand is not intended for construction nor as being part of a project's construction documentation package.Date:5/16/2016Drawn By:Sarena A. McComasROUZER GROUP7003 West Lake StreetSuite 300, St.Louis Park, MN 55426Prepared For:Scale: as notedCASE # 00027899Filename: APPLE VILLA SOUTH APARTMENTS LAYOUT 00027899B.AGIJob Name:APPLE VALLA SOUTH APARTMENTSAPPLE VALLEY, MNLighting LayoutVersion BScale: 1 inch= 20 Ft.DYH524380 524400 524420 524440 524460 524480 524500 524520 524540 524560 524580 524600 524620 524640 524660 524680 524700 524720 524740 524760 524780 524800 524820 524840 524860 524880 524900 524920192800192780192760192740192720192700192680192660192640192620192600192580192560192540192520192500192480MOUNT W54 & W65 AT MNTG. HTS. ASINDICATED ABOVE GARAGE LEVEL.CENTER ABOVE EACH DOOR1D2D3D4DW56WW78W9W10W11W12W13W14W15W16WW1718W19W20W21W22W23W24WW2526W27WW2829W30WW3132WW3334WW3536WW37W3839WW4041W42WW4344W45P246PP24748P49P2P250P25152P53P54WP15556W1W157W15859W160W61W162W0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.1 0.2 0.2 0.2 0.3 0.3 0.2 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.10.0 0.0 0.0 0.0 0.0 0.00.1 0.2 0.2 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.2 0.2 0.3 0.4 0.4 0.5 0.3 0.10.0 0.0 0.0 0.0 0.00.1 0.1 0.10.0 0.0 0.0 0.0 0.00.4 1.0 0.7 0.2 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.10.0 0.0 0.0 0.0 0.00.5 0.5 0.4 0.2 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.2 0.3 0.4 0.20.0 0.0 0.0 0.00.1 0.5 1.2 0.7 0.10.0 0.0 0.00.1 0.9 5.2 2.2 0.2 0.2 0.2 0.3 0.4 0.3 0.10.01.3 0.8 0.3 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.3 0.4 0.6 0.40.0 0.0 0.0 0.00.1 1.2 6.1 1.7 0.10.00.5 0.5 0.2 0.1 1.3 0.8 0.3 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.2 0.3 0.5 0.7 1.00.0 0.00.6 0.6 0.5 0.1 0.7 0.5 0.2 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.2 0.3 0.5 0.7 1.30.0 0.00.7 0.8 1.3 0.7 0.9 0.4 0.1 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.2 0.3 0.5 0.7 0.80.0 0.00.8 0.8 2.4 4.4 3.6 0.4 0.1 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.3 0.4 0.5 0.40.0 0.00.2 0.1 0.6 0.8 1.7 2.7 2.0 0.4 0.1 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.2 0.3 0.4 0.2 0.1 0.1 0.1 0.1 0.1 0.97.32.0 0.3 0.1 0.1 0.1 0.1 0.8 3.2 2.0 0.4 0.4 0.5 0.7 0.7 0.4 0.6 0.5 0.4 0.2 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.2 0.3 0.3 1.7 1.2 0.6 0.3 0.3 0.3 1.1 3.3 2.8 1.8 1.0 0.5 0.3 0.3 0.5 0.8 1.2 1.8 1.6 1.0 0.8 0.4 0.1 1.3 1.2 0.9 0.3 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.1 0.2 0.4 1.4 2.52.0 1.3 0.3 0.1 0.1 3.5 2.5 1.3 0.4 0.10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.1 0.1 0.2 0.4 1.5 2.32.0 1.5 0.5 0.1 0.1 2.7 2.0 1.2 0.4 0.10.0 0.0 0.0 0.0 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0.70.9 1.1 1.4 1.10.5 0.70.9 1.0 1.0 0.80.5 0.8 3.4 2.8 1.7 1.1 0.7 0.7 1.0 1.6 2.7 3.6 2.4 1.4 0.9 0.7 0.8 1.2 2.0 3.2 3.2 1.1 1.0 0.9 0.90.5 0.8 1.4 1.9 2.6 2.3 1.6 1.2 0.8 0.8 1.1 1.5 2.2 2.7 2.0 1.4 1.0 0.8 0.9 1.3 1.8 2.5 2.6 1.9 1.5 1.1 1.0 1.0 1.00.5 0.8 1.1 1.3 1.5 1.4 1.2 1.0 0.7 0.7 0.9 1.1 1.3 1.5 1.2 1.1 0.9 0.7 0.8 1.1 1.3 1.4 1.4 1.3 1.2 1.1 1.1 1.1 1.30.6 0.8 1.0 1.2 1.3 1.2 1.0 0.8 0.7 0.8 0.9 1.0 1.1 1.1 1.0 0.9 0.8 0.9 1.0 1.1 1.1 1.1 1.0 0.9 0.9 1.1 1.1 1.3 1.60.7 0.9 1.6 1.7 1.4 1.0 0.8 0.8 1.0 1.2 1.3 1.1 0.9 0.8 0.8 1.0 1.3 1.6 1.5 1.2 0.9 0.8 0.7 1.0 1.2 1.5 2.10.8 0.7 0.8 1.0 2.5 2.6 1.9 1.0 0.8 1.0 1.7 2.7 2.5 1.6 1.0 0.9 1.3 1.5 2.0 2.6 2.3 1.4 0.9 0.6 0.5 0.9 1.1 1.5 2.31.0 0.9 0.9 1.00.5 0.9 1.1 1.4 1.91.3 1.1 0.9 0.70.5 0.8 1.0 1.3 1.61.9 1.4 1.0 0.80.7 0.9 1.1 1.52.3 1.5 1.0 0.88.91.5 0.7 0.9 1.1 1.52.0 1.4 1.0 0.87.3 1.9 0.7 0.9 1.0 1.0 1.31.5 1.2 0.9 0.82.6 1.4 0.9 1.1 1.0 1.1 0.9 0.81.2 1.0 0.8 0.71.1 1.4 1.3 1.4 1.1 0.90.9 0.8 0.7 0.61.3 1.9 2.0 1.7 1.1 0.90.8 0.8 0.9 1.21.5 2.3 2.1 2.0 1.2 0.90.7 0.8 1.1 1.4 2.8 2.9 2.2 1.5 1.1 0.9 1.3 2.3 2.3 1.5 1.2 1.4 2.1 2.5 2.3 1.8 1.5 2.1 2.0 1.9 1.2 1.20.6 0.9 1.1 1.4 1.8 2.0 1.9 1.6 1.2 0.9 0.8 1.1 1.4 1.8 1.5 1.3 1.3 1.4 1.4 1.3 1.3 1.2 1.3 1.6 1.2 1.5 1.5 1.1 1.20.7 1.0 1.3 1.7 2.2 2.2 1.8 1.5 1.1 0.9 0.8 1.0 1.2 1.5 1.8 2.1 2.1 1.6 1.4 1.1 1.0 0.9 0.9 0.9 1.0 1.3 0.9 1.1 1.2 0.9 1.00.6 0.8 1.1 1.7 2.0 2.0 1.5 1.1 0.8 0.7 0.6 0.7 0.9 1.1 1.7 1.9 1.9 1.5 1.1 0.8 0.7 0.6 0.6 0.6 0.7 0.9 0.7 0.8 0.9 0.7 0.7
Filename: Z:\Job Files\Rouzer Group\Rouzer Group 112315\Apple Villa South Apartments\Working Files\AGI\APPLE VILLA SOUTH APARTMENTS LAYOUT 00027899B.AGIThe Lighting Analysis, ezLayout, Energy Analysis and/or Visual Simulation ("Lighting Design") provided byRAB Lighting Inc. ("RAB") represents an anticipated prediction of lighting system performance based upon designparameters and information supplied by others. These design parameters and information provided by others havenot been field verified by RAB and therefore actual measured results may vary from the actual field conditions.RAB recommends that design parameters and other information be field verified to reduce variation.RAB neither warranties, either implied or stated with regard to actual measured light levels or energy consumptionlevels as compared to those illustrated by the Lighting Design. RAB neither warranties, either implied or stated, norrepresents the appropriateness, completeness or suitability of the Lighting Design intent as compliant with anyapplicable regulatory code requirements with the exception of those specifically stated on drawings created andsubmitted by RAB. The Lighting design is issued, in whole or in part, as advisory documents for informational purposesand is not intended for construction nor as being part of a project's construction documentation package.Date:5/16/2016Drawn By:Sarena A. McComasPrepared For:ROUZER GROUP7003 West Lake StreetSuite 300, St.Louis Park, MN 55426Scale: as notedCASE # 00027899Filename: APPLE VILLA SOUTH APARTMENTS LAYOUT 00027899B.AGILighting LayoutVersion BJob Name:APPLE VALLA SOUTH APARTMENTSAPPLE VALLEY, MN
Filename: Z:\Job Files\Rouzer Group\Rouzer Group 112315\Apple Villa South Apartments\Working Files\AGI\APPLE VILLA SOUTH APARTMENTS LAYOUT 00027899B.AGIThe Lighting Analysis, ezLayout, Energy Analysis and/or Visual Simulation ("Lighting Design") provided byRAB Lighting Inc. ("RAB") represents an anticipated prediction of lighting system performance based upon designparameters and information supplied by others. These design parameters and information provided by others havenot been field verified by RAB and therefore actual measured results may vary from the actual field conditions.RAB recommends that design parameters and other information be field verified to reduce variation.RAB neither warranties, either implied or stated with regard to actual measured light levels or energy consumptionlevels as compared to those illustrated by the Lighting Design. RAB neither warranties, either implied or stated, norrepresents the appropriateness, completeness or suitability of the Lighting Design intent as compliant with anyapplicable regulatory code requirements with the exception of those specifically stated on drawings created andsubmitted by RAB. The Lighting design is issued, in whole or in part, as advisory documents for informational purposesand is not intended for construction nor as being part of a project's construction documentation package.Date:5/16/2016Drawn By:Sarena A. McComasROUZER GROUP7003 West Lake StreetSuite 300, St.Louis Park, MN 55426Prepared For:Scale: as notedCASE # 00027899Filename: APPLE VILLA SOUTH APARTMENTS LAYOUT 00027899B.AGIJob Name:APPLE VALLA SOUTH APARTMENTSAPPLE VALLEY, MNLighting LayoutVersion B
Filename: Z:\Job Files\Rouzer Group\Rouzer Group 112315\Apple Villa South Apartments\Working Files\AGI\APPLE VILLA SOUTH APARTMENTS LAYOUT 00027899B.AGIThe Lighting Analysis, ezLayout, Energy Analysis and/or Visual Simulation ("Lighting Design") provided byRAB Lighting Inc. ("RAB") represents an anticipated prediction of lighting system performance based upon designparameters and information supplied by others. These design parameters and information provided by others havenot been field verified by RAB and therefore actual measured results may vary from the actual field conditions.RAB recommends that design parameters and other information be field verified to reduce variation.RAB neither warranties, either implied or stated with regard to actual measured light levels or energy consumptionlevels as compared to those illustrated by the Lighting Design. RAB neither warranties, either implied or stated, norrepresents the appropriateness, completeness or suitability of the Lighting Design intent as compliant with anyapplicable regulatory code requirements with the exception of those specifically stated on drawings created andsubmitted by RAB. The Lighting design is issued, in whole or in part, as advisory documents for informational purposesand is not intended for construction nor as being part of a project's construction documentation package.Date:5/16/2016Drawn By:Sarena A. McComasPrepared For:ROUZER GROUP7003 West Lake StreetSuite 300, St.Louis Park, MN 55426Scale: as notedCASE # 00027899Filename: APPLE VILLA SOUTH APARTMENTS LAYOUT 00027899B.AGIAPPLE VALLEY, MNLighting LayoutVersion BJob Name:APPLE VALLA SOUTH APARTMENTS
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving Plans and S pecifications f or P roject 2017-103, 2017 Micro
S urf acing, and A uthorizing Advertising f or Receipt of B ids at 10:00 a.m. on April 18, 2017
S taff Contact:
B randon A nderson, City E ngineer
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Adopt resolution approving plans and specifications for Project 2017-103, 2017 Micro
Surfacing, and authorizing advertising for receipt of bids at 10:00 a.m. on April 18, 2017.
S UM M ARY:
T he C ity of Apple Valley’s 2017 capital improvement plan identifies $550,000 for street
preservation in the form of micro surfacing. Attached for consideration is a resolution
approving plans and specifications and setting the date for receipt of bids for City Project
2017-103, 2017 Micro Surfacing. T he work consists of applying a thin wear-resistant layer
of oil and rock mixture that helps prevent pavement oxidation and seepage of moisture into
the pavement surface. T he locations of the proposed improvements are identified on the
attached map (Figure:1). It is anticipated that approximately 112,673 square yards of street
will be micro surfaced including portions of the following neighborhoods and streets.
Eagle Hills 1st – 3rd
Eagle Pond 1st Addition
Eagle Ridge Estates 1st and 2nd A ddition
Cherry O aks Estates
Eastwood Ridge
Oakwood Hills
Scottsbriar 1st and 2nd Addition
Foxmore Ridge 2nd
Greenleaf 11th and 12th Addition
East Valley Plaza 3rd and 4th Addition
Should C ity C ouncil authorize bidding, bids would be received April 18, 2017, with award
anticipated on May 11, 2017. Plans and specifications are available for viewing in the office
of the City Engineer.
B AC K G RO UND :
City C ouncil adopted Resolution No. 2016-238 on December 22, 2016, directing preparation
of plans and specifications for Project 2017-103, 2017 Micro Surfacing.
B UD G E T I M PAC T:
An Engineer’s estimate for the project has been developed based on the final design.
Following is a summary of anticipated project costs and funding sources.
Estimated Project C osts:
C onstruction C ost $500,000
C onstruction C ontingency 20,000
Engineering Design 15,000
Inspection 15,000
Total Estimated Cost $550,000
Estimated Project Funding:
Municipal State Aid $535,000
Road Improvement Fund 15,000
Total Estimated Funding $550,000
AT TAC HM E NT S:
R esolution
Exhibit
Area Map
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-___
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND DIRECTING RECEIPT OF SEALED BIDS
FOR PROJECT 2017-103, 2017 MICRO SURFACING
WHEREAS, the Apple Valley City Council has reviewed plans and specifications for
Project 2017-103, 2017 Micro Surfacing; and
WHEREAS, the City Council believes that the interests of the City would be best served
by receiving sealed bids based on said plans and specifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
1. The City Clerk is hereby authorized to receive sealed bids at the time and place
specified in the form of notice attached hereto as Exhibit A.
2. The Clerk is further authorized and directed to cause an advertisement for said bids to
be posted on the City’s website and on the online Quest Construction Data Network,
not less than ten (10) days prior to the opening of said bids.
ADOPTED this 23rd day of March, 2017.
_____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
EXHIBIT A
ADVERTISEMENT FOR BIDS
CITY OF APPLE VALLEY | 2017-103 00 11 13 - 1
SECTION 00 11 13
ADVERTISEMENT FOR BIDS
Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center
7100 147th Street West, until 10:00 AM, April 18, 2017, at which time they will be publicly opened and
read aloud for the furnishing of all labor, materials, and all else necessary for the following:
Project 2017-103, 2017 MICRO SURFACING
2,185 LF Pavement Marking Removal
112,673 SY Micro Surfacing
4,370 LF Pavement Markings (Latex)
With related items
Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting
www.cityofapplevalley.org or www.questcdn.com. Contact Cheryl Groves at (952) 953-2400 for
questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk,
7100 147th Street West, Apple Valley, MN.
Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490.
Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in
accordance with the Instructions to Bidders.
The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed
60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of
60 days after the date and time set for the Opening of Bids.
The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein,
and further reserves the right to award the Contract to the best interests of the Owner.
A full and complete copy of all solicitations of bids is disseminated on the City’s website at
www.cityofapplevalley.org.
Pamela J. Gackstetter, City Clerk
City of Apple Valley, Minnesota
CITY OF APPLE VALLEY
DATE:PROJECT NO.
FIGURE:
MICROSURFACE / FOG SEALING AREAS
2017 CAPITAL IMPROVEMENT PROGRAM AREAS
1
2017-103
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Awarding P roject 2017-102, S anitary L ift Station 5 Replacement
S taff Contact:
Carol Blommel J ohnson, P ublic Works S uperintendent -
Utilities
D epartment / D ivision:
Utilities D ivision
AC T I O N RE Q UE S T E D:
Adopt resolution awarding Project 2017-102, Sanitary Lift Station 5 Replacement, to Pember
Companies, Inc., in the amount of $691,007.50.
S UM M ARY:
On March 7, bids were received for Sanitary Lift Station 5 Replacement. Six companies
submitted bids. Pember C ompanies, Inc. was the lowest responsive and responsible bidder.
Advanced Engineering and Environmental Services (A E2S) has reviewed the bids and
recommends awarding the project as proposed per attached letter of recommendation.
A standard C ity agreement will be utilized for this project.
B AC K G RO UND :
On February 23, 2017, Council approved plans and specifications and directed receipt of
bids for this project by Resolution No. 2017-26. T he work consists of the following:
Construction of a new lift station wet well with pumps, piping, valves, electrical
instrumentation and controls, and mechanical systems housed above grade in a precast
building.
Abandonment of existing pump drywell and a portion of existing force main.
Repurposing of existing wet well to a sanitary sewer manhole.
New manhole and gravity sewer piping, new force main piping.
Restoration as needed.
B UD G E T I M PAC T:
Sanitary Lift 5 Replacement is included in the approved C IP and 2017 Sanitary Sewer
Utility Division Operations budget.
Estimated Project C osts:
C onstruction C ost $691,007.50
C onstruction C ontingency $40,000.00
Engineering Design, Contract A dmin $47,200.00
Engineering Inspection $16,300.00
Preliminary Surveying/ C onst. Staking $15,000.00
Total Estimated Cost $809,507.50
Estimated Project Funding
Sanitary Sewer Fund $809,507.50
Total Estimated Funding $809,507.50
AT TAC HM E NT S:
R esolution
Exhibit
Exhibit
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION AWARDING CONTRACT FOR
PROJECT 2017-102, SANITARY LIFT 5 REPLACEMENT
WHEREAS, pursuant to an advertisement for bids for improvements identified as Project 2017-
102, bids were received, opened and tabulated according to law and the following bids were received
complying with the advertisement: (Tabulation attached as Exhibit A), and;
WHEREAS, it appears Pember Companies, Inc. is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract
with Pember Companies, Inc. for its bid, in the total amount of $691,007.50 for the completion of
Project 2017-102 according to the plans and specifications heretofore approved by the Council and
on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the deposits
made with their bids, except that the deposits of the successful bidder and the next lowest bidder
shall be retained until a contract has been signed.
3. Estimated project costs and funding shall be provided as follows:
Estimated Project Costs:
Construction Cost $ 691,007.50
Construction Contingency $ 40,000.00
Engineering Design, Contract Admin. $ 47,200.00
Engineering Inspection $ 16,300.00
Preliminary Surveying/Const. Staking $ 15,000.00
Total Estimated Cost $ 809,507.50
Estimated Project Funding:
Sanitary Sewer Utility $ 809,507.50
Total Estimated Funding $ 809,507.50
4. The 2017 Operating Budget for the Sanitary Sewer Utility is hereby amended to
provide funding as follows:
Existing Budget Amended Budget
Sanitary Sewer Utility: $720,000.00 $810,000.00
5365-6735 (Lift 5)
2
ADOPTED this 23rd day of March, 2017.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
March 9, 2017
Ms. Carol Blommel Johnson
Public Works Superintendent – Utilities
City of Apple Valley
7100 147th St. W.
Apple Valley, MN 55124
Re: Recommendation for Notice of Award
Sanitary Lift Station No. 5 Replacement Project
City of Apple Valley, Minnesota
Dear Ms. Blommel Johnson:
Pursuant to authority of the City Council and following proper legal advertisement, the bid opening for
Sanitary Lift Station No. 5 Replacement Project was conducted on Tuesday, March 7th at 10:30 a.m. at
City Hall. A total of six (6) sealed bids were received for the project. All bids were completed in
accordance with the project specifications and all bids were opened and read aloud.
The project consists of the construction of a new lift station wet well with pumps, piping, valves,
electrical, instrumentation and control and mechanical systems housed above grade in a precast building,
abandonment of existing pump drywell and a portion of existing force main, repurposing of existing wet
well to a sanitary sewer manhole, new manhole and gravity sewer piping, new force main piping, and
restoration, as needed.
The attached bid tabulation and bid summary present a comparison of the bids to the Engineer’s opinion
of probable cost for the project. Based on a review of the bids received and pending City official’s
acceptance of the contract price, Advanced Engineering and Environmental Services, Inc. (AE2S)
recommends that the City award a construction contract to Pember Companies of Menomonie, WI.
Pember Companies was the lowest responsive and responsible bidder for the Base Bid price of
$691,007.50.
AE2S truly appreciates the opportunity to continue working with you on this very important project for
the City of Apple Valley. Should you have any questions or comments please feel free to contact me.
Sincerely,
AE2S
Nancy Zeigler, P.E.
Project Manager
Attachment
I T E M: 4.K .
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Awarding P roject 2017-104, 2017 Street and Utility I mprovements
S taff Contact:
B randon A nderson
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Adopt resolution awarding agreement for Project 2017-104, 2017 Street and Utility
Improvements, to McNamara C ontracting, Inc., in the amount of $4,192,094.59.
S UM M ARY:
On February 9, 2017, C ity Council adopted Resolution No. 2017-27 approving the plans and
specifications and authorizing receipt of bids for Project 2017-104, 2017 Street and Utility
Improvements. On March 7, 2017, eight bids were received for the 2017 Street and Utility
Improvements project as described within the attached bid tabulation. Base bids ranged from
$4,192,094.59 to $4,977,649.45. McNamara C ontracting, Inc. submitted the low bid. T he
low bid was $388,287.40 under the Engineers estimate of $4,580,381.99.
Attached for consideration is a resolution awarding the contract to McNamara C ontracting,
Inc. for Project 2017-104, 2017 Street and Utility Improvements project in the amount of
$4,192,094.59. Should C ity Council award the contract, it is anticipated work will begin the
first part of April. Work on the project will be substantially complete by October 2017.
A standard C ity agreement will be utilized for this project.
B AC K G RO UND :
T he scope of the project generally includes approximately 5,430 LF sanitary sewer, 8,221 LF
water main, 4,143 LF storm sewer replacement and 31,560 S Y of street reconstruction in the
Palomino 3rd and 4th Addition neighborhood. Belmont Pond will have approximately 2,200
C Y of muck excavation removed. Sidewalks are only being added along one side of
Belmont Drive and replaced along C haparral Drive.
A map of the proposed project area is attached (Figure: 1).
B UD G E T I M PAC T:
Project costs and funding are summarized as follows:
Estimated Project C osts:
C onstruction C ost $ 4,192,094.59
C onstruction C ontingency 493,451.41
Engineering Design, Contract A dmin 132,150.00
Engineering Inspection 143,500.00
Geotechnical Exploration 15,000.00
Material Testing 35,000.00
Preliminary Surveying/ C onst. Staking 85,000.00
Total Estimated Cost $ 5,096,196.00
Estimated Project Funding
Water Utility $ 1,496,997.00
Sanitary Sewer Utility 1,050,199.00
Storm Sewer Utility 420,000.00
Street Light Utility 25,000.00
Road Improvement Fund 2,104,000.00
Total Estimated Funding $ 5,096,196.00
AT TAC HM E NT S:
R esolution
Exhibit
Map
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2017-104
2017 STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for improvements identified as City
Project 2017-104, bids were received, opened and tabulated according to law and the following
bids were received complying with the advertisement: (Tabulation attached as Exhibit A), and;
WHEREAS, it appears McNamara Contracting, Inc. is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a
contract with McNamara Contracting, Inc., for its base bid in the amount of $4,192,094.59
for the completion of City Project 2017-104 according to the plans and specifications
heretofore approved by the Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
3. Estimated project funding shall be provided as follows:
Estimated Project Costs:
Construction Cost $ 4,192,094.59
Construction Contingency 493,451.41
Engineering Design, Contract Admin 132,150
Engineering Inspection 143,500
Geotechnical Exploration 15,000
Material Testing 35,000
Preliminary Surveying/ Const. Staking 85,000
Total Estimated Cost $ 5,096,196
Estimated Project Funding
Water Utility $ 1,496,997
Sanitary Sewer Utility 1,050,199
Storm Sewer Utility 420,000
Street Light Utility 25,000
Road Improvement Fund 2,104,000
Total Estimated Funding $ 5,096,196
2
ADOPTED this 23rd day of March, 2017.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
BID TABULATION
No.Item Unit Est. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Bidder No. 1
McNamara Contracting, Inc.
Bidder No. 4
R.L. Larson Excavating, Inc.
Bidder No. 3
Northwest Asphalt, Inc.
Bidder No. 5
Ryan Contracting Co.
Bidder No. 2
Redstone Construction LLC
23 REMOVE CURB STOP AND BOX EA 111 48.00$ 5,328.00$ 58.00$ 6,438.00$ 50.00$ 5,550.00$ 100.00$ 11,100.00$ 25.00$ 2,775.00$
24 TEMPORARY WATER SYSTEM LUMP SUM 1 42,000.00$ 42,000.00$ 39,700.00$ 39,700.00$ 40,000.00$ 40,000.00$ 44,000.00$ 44,000.00$ 30,000.00$ 30,000.00$
25 FURNISH AND INSTALL 8" GATE VALVE AND BOX EA 21 1,710.00$ 35,910.00$ 2,750.00$ 57,750.00$ 1,660.00$ 34,860.00$ 1,610.00$ 33,810.00$ 1,900.00$ 39,900.00$
26
FURNISH AND INSTALL HYDRANT, 6" GATE VALVE
AND BOX EA 15 4,950.00$ 74,250.00$ 6,300.00$ 94,500.00$ 4,700.00$ 70,500.00$ 5,322.00$ 79,830.00$ 4,900.00$ 73,500.00$
27 8" WATER MAIN DUCTILE IRON CL 52, INCL V-BIO LIN FT 8,060 41.00$ 330,460.00$ 46.00$ 370,760.00$ 40.40$ 325,624.00$ 42.00$ 338,520.00$ 45.00$ 362,700.00$
28 6" WATER MAIN DUCTILE IRON CL 52, INCL V-BIO LIN FT 150 41.00$ 6,150.00$ 50.50$ 7,575.00$ 45.70$ 6,855.00$ 57.00$ 8,550.00$ 44.00$ 6,600.00$
29 CONNECT TO EXISTING WATER MAIN EA 3 1,650.00$ 4,950.00$ 870.00$ 2,610.00$ 1,000.00$ 3,000.00$ 3,200.00$ 9,600.00$ 1,500.00$ 4,500.00$
30 WATER MAIN INSULATION, 3" THICK SY 32 31.00$ 992.00$ 31.50$ 1,008.00$ 36.00$ 1,152.00$ 40.00$ 1,280.00$ 35.00$ 1,120.00$
31 DUCTILE IRON FITTINGS LB 3,100 12.25$ 37,975.00$ 8.75$ 27,125.00$ 8.00$ 24,800.00$ 9.25$ 28,675.00$ 6.00$ 18,600.00$
TOTAL PART 2 - WATER MAIN 592,955.00$ 630,457.50$ 550,211.00$ 569,230.05$ 581,280.00$
PART 3 - SERVICES
32 RECONNECT EXISTING SANITARY SEWER SERVICE EACH 111 53.00$ 5,883.00$ 133.00$ 14,763.00$ 220.00$ 24,420.00$ 1,150.00$ 127,650.00$ 200.00$ 22,200.00$
33 SANITARY SEWER SERVICE LOCATE BOX EACH 111 132.00$ 14,652.00$ 145.00$ 16,095.00$ 200.00$ 22,200.00$ 200.00$ 22,200.00$ 150.00$ 16,650.00$
34 4" PVC SANITARY SEWER SERVICE PIPE LIN FT 4,295 27.00$ 115,965.00$ 34.00$ 146,030.00$ 20.20$ 86,759.00$ 0.01$ 42.95$ 22.00$ 94,490.00$
35 TELEVISE EXISTING 4" RISER LIN FT 30 130.00$ 3,900.00$ 120.00$ 3,600.00$ 123.00$ 3,690.00$ 126.00$ 3,780.00$ 120.00$ 3,600.00$
36 4-INCH CIPP SANITARY SEWER RISER LINING LIN FT 30 50.00$ 1,500.00$ 45.00$ 1,350.00$ 46.00$ 1,380.00$ 47.25$ 1,417.50$ 50.00$ 1,500.00$
37 INLINE SERVICE TOP HAT EACH 12 2,815.00$ 33,780.00$ 2,600.00$ 31,200.00$ 2,681.00$ 32,172.00$ 2,730.00$ 32,760.00$ 3,000.00$ 36,000.00$
38 4" PVC SANITARY SEWER RISER PIPE LIN FT 50 27.00$ 1,350.00$ 28.50$ 1,425.00$ 25.00$ 1,250.00$ 40.00$ 2,000.00$ 30.00$ 1,500.00$
39 RECONNECT EXISTING WATER SERVICE EACH 112 70.00$ 7,840.00$ 150.00$ 16,800.00$ 200.00$ 22,400.00$ 100.00$ 11,200.00$ 150.00$ 16,800.00$
40 1" TYPE K COPPER WATER SERVICE PIPE LIN FT 4,640 28.50$ 132,240.00$ 36.00$ 167,040.00$ 20.00$ 92,800.00$ 0.01$ 46.40$ 23.00$ 106,720.00$
41 1" CURB STOP & BOX EA 112 226.00$ 25,312.00$ 324.00$ 36,288.00$ 300.00$ 33,600.00$ 740.00$ 82,880.00$ 250.00$ 28,000.00$
42 1" CORPORATION STOP EA 112 103.00$ 11,536.00$ 185.00$ 20,720.00$ 180.00$ 20,160.00$ 650.00$ 72,800.00$ 200.00$ 22,400.00$
TOTAL PART 3 - SERVICES 353,958.00$ 455,311.00$ 340,831.00$ 356,776.85$ 349,860.00$
PART 4 - STORM SEWER
43 REMOVE 12" RCP STORM SEWER LIN FT 15 7.50$ 112.50$ 8.25$ 123.75$ 9.00$ 135.00$ 12.00$ 180.00$ 12.00$ 180.00$
44 REMOVE 15" RCP STORM SEWER LIN FT 531 7.50$ 3,982.50$ 8.00$ 4,248.00$ 9.00$ 4,779.00$ 12.00$ 6,372.00$ 12.00$ 6,372.00$
45 REMOVE 18" RCP STORM SEWER LIN FT 127 7.50$ 952.50$ 9.25$ 1,174.75$ 9.00$ 1,143.00$ 15.00$ 1,905.00$ 12.00$ 1,524.00$
46 REMOVE MANHOLE OR CATCH BASIN INCL CASTING EACH 11 460.00$ 5,060.00$ 347.00$ 3,817.00$ 350.00$ 3,850.00$ 300.00$ 3,300.00$ 400.00$ 4,400.00$
Page 2
BID TABULATION
No.Item Unit Est. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Bidder No. 1
McNamara Contracting, Inc.
Bidder No. 4
R.L. Larson Excavating, Inc.
Bidder No. 3
Northwest Asphalt, Inc.
Bidder No. 5
Ryan Contracting Co.
Bidder No. 2
Redstone Construction LLC
47 REMOVE FLARED END SECTION EACH 3 160.00$ 480.00$ 347.00$ 1,041.00$ 300.00$ 900.00$ 500.00$ 1,500.00$ 1,500.00$ 4,500.00$
48 15" RC PIPE SEWER CLASS 5, 0'-10' DEEP LIN FT 1,632 40.00$ 65,280.00$ 39.00$ 63,648.00$ 39.44$ 64,366.08$ 38.00$ 62,016.00$ 41.00$ 66,912.00$
49 18" RC PIPE SEWER CLASS 5, 0'-10' DEEP LIN FT 798 39.00$ 31,122.00$ 43.50$ 34,713.00$ 38.00$ 30,324.00$ 42.00$ 33,516.00$ 42.00$ 33,516.00$
50 21" RC PIPE SEWER CLASS 4, 0'-10' DEEP LIN FT 373 42.00$ 15,666.00$ 46.50$ 17,344.50$ 40.00$ 14,920.00$ 46.00$ 17,158.00$ 48.00$ 17,904.00$
51 24" RC PIPE SEWER CLASS 3, 0'-10' DEEP LIN FT 741 47.00$ 34,827.00$ 50.00$ 37,050.00$ 45.00$ 33,345.00$ 54.00$ 40,014.00$ 58.00$ 42,978.00$
52 27" RC PIPE SEWER CLASS 3, 0'-10' DEEP LIN FT 180 55.00$ 9,900.00$ 60.00$ 10,800.00$ 50.00$ 9,000.00$ 57.00$ 10,260.00$ 62.00$ 11,160.00$
53 30" RC PIPE SEWER CLASS 3, 0'-10' DEEP LIN FT 34 69.00$ 2,346.00$ 67.50$ 2,295.00$ 56.00$ 1,904.00$ 89.00$ 3,026.00$ 70.00$ 2,380.00$
54 33" RC PIPE SEWER CLASS 3, 0'-10' DEEP LIN FT 378 67.00$ 25,326.00$ 75.00$ 28,350.00$ 62.00$ 23,436.00$ 77.50$ 29,295.00$ 75.00$ 28,350.00$
55 42" RC PIPE SEWER CLASS 2, 0'-10' DEEP LIN FT 30 101.00$ 3,030.00$ 114.00$ 3,420.00$ 110.00$ 3,300.00$ 170.00$ 5,100.00$ 130.00$ 3,900.00$
56 2'x3' CB INCL R-3290-VB CSTG AND HDPE ADJ RINGS EACH 17 1,660.00$ 28,220.00$ 1,480.00$ 25,160.00$ 1,600.00$ 27,200.00$ 1,900.00$ 32,300.00$ 1,800.00$ 30,600.00$
57
4' DIA STORM MH, 8' DEEP, INCL R-1642 CSTG AND
HDPE ADJ RINGS EACH 5 1,785.00$ 8,925.00$ 1,730.00$ 8,650.00$ 2,020.00$ 10,100.00$ 2,054.00$ 10,270.00$ 2,500.00$ 12,500.00$
58
4' DIA STORM CBMH, 8' DEEP, INCL R-3290-VB CSTG
AND HDPE ADJ RINGS EACH 17 1,950.00$ 33,150.00$ 1,860.00$ 31,620.00$ 2,120.00$ 36,040.00$ 2,206.00$ 37,502.00$ 2,500.00$ 42,500.00$
59
4' DIA STORM CBMH W/SUMP, 8' DEEP, INCL R-3290-
VB CSTG AND HDPE ADJ RINGS EACH 1 2,800.00$ 2,800.00$ 2,220.00$ 2,220.00$ 2,420.00$ 2,420.00$ 2,356.00$ 2,356.00$ 3,000.00$ 3,000.00$
60
5' DIA STORM CBMH, 8' DEEP, INCL R-3290-VB CSTG
AND HDPE ADJ RINGS EACH 5 2,800.00$ 14,000.00$ 2,520.00$ 12,600.00$ 3,340.00$ 16,700.00$ 3,650.00$ 18,250.00$ 3,500.00$ 17,500.00$
61
5' DIA STORM CBMH W/SUMP, 8' DEEP, INCL R-3290-
VB CSTG AND HDPE ADJ RINGS EACH 1 3,800.00$ 3,800.00$ 3,730.00$ 3,730.00$ 3,580.00$ 3,580.00$ 3,850.00$ 3,850.00$ 3,800.00$ 3,800.00$
62
6' DIA STORM MH, 8' DEEP, INCL R-1642 CSTG AND
HDPE ADJ RINGS EACH 1 3,900.00$ 3,900.00$ 3,660.00$ 3,660.00$ 3,665.00$ 3,665.00$ 3,960.00$ 3,960.00$ 5,000.00$ 5,000.00$
63
6' DIA STORM CBMH, 8' DEEP, INCL R-3290-VB CSTG
AND HDPE ADJ RINGS EACH 2 3,900.00$ 7,800.00$ 3,770.00$ 7,540.00$ 3,880.00$ 7,760.00$ 4,486.00$ 8,972.00$ 5,500.00$ 11,000.00$
64
7' DIA STORM CBMH W/SUMP, 8' DEEP, INCL R-3290-
VB CSTG AND HDPE ADJ RINGS EACH 1 6,200.00$ 6,200.00$ 6,600.00$ 6,600.00$ 5,730.00$ 5,730.00$ 6,636.00$ 6,636.00$ 8,000.00$ 8,000.00$
65 15" FLARED END SECTION W/TRASHGUARD EACH 1 700.00$ 700.00$ 780.00$ 780.00$ 860.00$ 860.00$ 800.00$ 800.00$ 1,500.00$ 1,500.00$
66 33" FLARED END SECTION W/TRASHGUARD EACH 1 1,700.00$ 1,700.00$ 2,080.00$ 2,080.00$ 1,700.00$ 1,700.00$ 1,600.00$ 1,600.00$ 2,000.00$ 2,000.00$
67 42" FLARED END SECTION W/TRASHGUARD EACH 1 2,250.00$ 2,250.00$ 3,040.00$ 3,040.00$ 2,400.00$ 2,400.00$ 2,485.00$ 2,485.00$ 4,000.00$ 4,000.00$
68 RANDOM RIP RAP, CLASS I CY 12 100.00$ 1,200.00$ 116.00$ 1,392.00$ 70.00$ 840.00$ 100.00$ 1,200.00$ 70.00$ 840.00$
69 RANDOM RIP RAP, CLASS III CY 58 110.00$ 6,380.00$ 116.00$ 6,728.00$ 70.00$ 4,060.00$ 100.00$ 5,800.00$ 70.00$ 4,060.00$
70 CONNECT TO EXISTING STORM SEWER EACH 1 1,560.00$ 1,560.00$ 1,220.00$ 1,220.00$ 1,200.00$ 1,200.00$ 2,500.00$ 2,500.00$ 1,500.00$ 1,500.00$
TOTAL PART 4 - STORM SEWER 320,669.50$ 325,045.00$ 315,657.08$ 352,123.00$ 371,876.00$
PART 5 - STREETS
71 MOBILIZATION LUMP SUM 1 250,000.00$ 250,000.00$ 174,400.00$ 174,400.00$ 160,000.00$ 160,000.00$ 265,000.00$ 265,000.00$ 139,000.00$ 139,000.00$
72 TRAFFIC CONTROL LUMP SUM 1 10,000.00$ 10,000.00$ 4,500.00$ 4,500.00$ 13,300.00$ 13,300.00$ 5,500.00$ 5,500.00$ 10,000.00$ 10,000.00$
Page 3
BID TABULATION
No.Item Unit Est. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Bidder No. 1
McNamara Contracting, Inc.
Bidder No. 4
R.L. Larson Excavating, Inc.
Bidder No. 3
Northwest Asphalt, Inc.
Bidder No. 5
Ryan Contracting Co.
Bidder No. 2
Redstone Construction LLC
73 CLEARING AND GRUBBING ACRE 0 10,500.00$ 2,100.00$ 10,000.00$ 2,000.00$ 8,500.00$ 1,700.00$ 15,750.00$ 3,150.00$ 10,000.00$ 2,000.00$
74 CLEARING TREE 86 105.00$ 9,030.00$ 115.00$ 9,890.00$ 100.00$ 8,600.00$ 126.00$ 10,836.00$ 150.00$ 12,900.00$
75 GRUBBING TREE 86 135.00$ 11,610.00$ 135.00$ 11,610.00$ 130.00$ 11,180.00$ 158.00$ 13,588.00$ 150.00$ 12,900.00$
76 REMOVE LANDSCAPE BOULDER EACH 20 70.00$ 1,400.00$ 25.00$ 500.00$ 150.00$ 3,000.00$ 100.00$ 2,000.00$ 100.00$ 2,000.00$
77 SALVAGE PRIVATE YARD LIGHT POLE EACH 4 1,200.00$ 4,800.00$ 1,150.00$ 4,600.00$ 100.00$ 400.00$ 400.00$ 1,600.00$ 100.00$ 400.00$
78 REMOVE SIGN EACH 7 37.00$ 259.00$ 25.00$ 175.00$ 35.00$ 245.00$ 26.00$ 182.00$ 100.00$ 700.00$
79 REMOVE CONCRETE STEP EACH 1 750.00$ 750.00$ 700.00$ 700.00$ 250.00$ 250.00$ 500.00$ 500.00$ 300.00$ 300.00$
80 REMOVE CURB AND GUTTER LIN FT 15,750 2.00$ 31,500.00$ 2.00$ 31,500.00$ 2.50$ 39,375.00$ 3.00$ 47,250.00$ 3.00$ 47,250.00$
81 REMOVE CONCRETE VALLEY GUTTER SQ FT 700 3.00$ 2,100.00$ 3.00$ 2,100.00$ 2.00$ 1,400.00$ 2.00$ 1,400.00$ 3.00$ 2,100.00$
82 REMOVE CONCRETE WALK OR DRIVEWAY SQ FT 28,400 1.00$ 28,400.00$ 0.75$ 21,300.00$ 0.50$ 14,200.00$ 0.75$ 21,300.00$ 1.00$ 28,400.00$
83 REMOVE BITUMINOUS PAVEMENT SQ YD 28,430 4.00$ 113,720.00$ 3.25$ 92,397.50$ 2.00$ 56,860.00$ 2.75$ 78,182.50$ 3.00$ 85,290.00$
84 REMOVE BITUMINOUS TRAIL OR DRIVEWAY SQ YD 3,750 5.00$ 18,750.00$ 5.25$ 19,687.50$ 5.00$ 18,750.00$ 4.50$ 16,875.00$ 3.00$ 11,250.00$
85 SALVAGE AND REINSTALL PAVER DRIVEWAY SQ FT 350 31.00$ 10,850.00$ 29.50$ 10,325.00$ 15.00$ 5,250.00$ 30.00$ 10,500.00$ 19.00$ 6,650.00$
86 SALVAGE AND REINSTALL MAILBOXES LUMP SUM 1 4,500.00$ 4,500.00$ 4,250.00$ 4,250.00$ 4,250.00$ 4,250.00$ 4,500.00$ 4,500.00$ 5,000.00$ 5,000.00$
87 GEOTEXTILE FABRIC TYPE V SQ YD 2,500 1.00$ 2,500.00$ 1.00$ 2,500.00$ 1.50$ 3,750.00$ 1.60$ 4,000.00$ 1.50$ 3,750.00$
88 COMMON EXCAVATION (EV)CU YD 22,120 10.00$ 221,200.00$ 12.00$ 265,440.00$ 14.00$ 309,680.00$ 15.50$ 342,860.00$ 17.00$ 376,040.00$
89 COMMON EXCAVATION (EV) - WALK OR DRIVEWAY CU YD 2,850 19.00$ 54,150.00$ 19.00$ 54,150.00$ 14.00$ 39,900.00$ 18.00$ 51,300.00$ 20.00$ 57,000.00$
90 SUBGRADE EXCAVATION CU YD 1,110 20.00$ 22,200.00$ 20.00$ 22,200.00$ 14.00$ 15,540.00$ 12.00$ 13,320.00$ 10.00$ 11,100.00$
91 SELECT GRANULAR BORROW TON 27,700 7.00$ 193,900.00$ 8.00$ 221,600.00$ 10.40$ 288,080.00$ 8.00$ 221,600.00$ 10.00$ 277,000.00$
92 AGGREGATE BASE CLASS 5 TON 16,790 9.00$ 151,110.00$ 11.00$ 184,690.00$ 13.60$ 228,344.00$ 15.00$ 251,850.00$ 15.00$ 251,850.00$
93
AGGREGATE BASE CLASS 5 - WALK, DRIVEWAY,
PATCH TON 3,250 17.00$ 55,250.00$ 18.00$ 58,500.00$ 14.00$ 45,500.00$ 15.00$ 48,750.00$ 15.00$ 48,750.00$
94 MODULAR BLOCK RETAINING WALL SQ FT 500 31.00$ 15,500.00$ 29.00$ 14,500.00$ 28.00$ 14,000.00$ 36.50$ 18,250.00$ 21.00$ 10,500.00$
95 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,560 1.00$ 1,560.00$ 1.00$ 1,560.00$ 2.80$ 4,368.00$ 1.05$ 1,638.00$ 1.00$ 1,560.00$
96 TYPE SPWEA330C WEAR 2" THICK TON 7,230 30.00$ 216,900.00$ 30.00$ 216,900.00$ 49.50$ 357,885.00$ 31.20$ 225,576.00$ 30.00$ 216,900.00$
97
TYPE SPWEA330B WEAR 3" THICK FOR TRAIL
PATCHING TON 15 100.00$ 1,500.00$ 100.00$ 1,500.00$ 200.00$ 3,000.00$ 105.00$ 1,575.00$ 125.00$ 1,875.00$
98 TYPE SPWEA240B WEAR 1.5" THICK FOR DRIVEWAYS TON 770 100.00$ 77,000.00$ 100.00$ 77,000.00$ 105.00$ 80,850.00$ 105.00$ 80,850.00$ 100.00$ 77,000.00$
99 FINE FILTER AGGREGATE (LV)CU YD 35 40.00$ 1,400.00$ 10.00$ 350.00$ 30.00$ 1,050.00$ 40.00$ 1,400.00$ 30.00$ 1,050.00$
100 4" PERFORATED PE PIPE DRAIN LIN FT 200 13.00$ 2,600.00$ 2.75$ 550.00$ 6.00$ 1,200.00$ 15.00$ 3,000.00$ 10.00$ 2,000.00$
Page 4
BID TABULATION
No.Item Unit Est. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Bidder No. 1
McNamara Contracting, Inc.
Bidder No. 4
R.L. Larson Excavating, Inc.
Bidder No. 3
Northwest Asphalt, Inc.
Bidder No. 5
Ryan Contracting Co.
Bidder No. 2
Redstone Construction LLC
101 CONNECT INTO DRAINAGE STRUCTURE EACH 4 250.00$ 1,000.00$ 174.00$ 696.00$ 200.00$ 800.00$ 200.00$ 800.00$ 150.00$ 600.00$
102 ADJUST GATE VALVE EACH 22 200.00$ 4,400.00$ 289.00$ 6,358.00$ 300.00$ 6,600.00$ 300.00$ 6,600.00$ 350.00$ 7,700.00$
103 ADJUST MANHOLE EACH 48.00 300.00$ 14,400.00$ 463.00$ 22,224.00$ 450.00$ 21,600.00$ 500.00$ 24,000.00$ 400.00$ 19,200.00$
104 ADJUST CATCH BASIN EACH 44 100.00$ 4,400.00$ 175.00$ 7,700.00$ 180.00$ 7,920.00$ 300.00$ 13,200.00$ 200.00$ 8,800.00$
105 CONCRETE STEP EACH 1 800.00$ 800.00$ 800.00$ 800.00$ 800.00$ 800.00$ 850.00$ 850.00$ 500.00$ 500.00$
106 5" CONCRETE SIDEWALK AND DRIVEWAY SQ FT 37,500 3.90$ 146,250.00$ 3.90$ 146,250.00$ 4.30$ 161,250.00$ 4.10$ 153,750.00$ 5.00$ 187,500.00$
107 CONCRETE CURB AND GUTTER, MOUNTABLE LIN FT 3,750 10.50$ 39,375.00$ 10.50$ 39,375.00$ 11.00$ 41,250.00$ 11.00$ 41,250.00$ 13.00$ 48,750.00$
108 CONCRETE CURB AND GUTTER, B618 LIN FT 11,900 10.10$ 120,190.00$ 10.10$ 120,190.00$ 10.60$ 126,140.00$ 10.60$ 126,140.00$ 13.00$ 154,700.00$
109 7" CONCRETE VALLEY GUTTER SQ YD 230 69.35$ 15,950.50$ 69.35$ 15,950.50$ 69.40$ 15,962.00$ 72.80$ 16,744.00$ 65.00$ 14,950.00$
110 CONCRETE PEDESTRIAN CURB RAMP SQ FT 750 8.30$ 6,225.00$ 8.30$ 6,225.00$ 8.30$ 6,225.00$ 8.70$ 6,525.00$ 8.00$ 6,000.00$
111 TRUNCATED DOME PANEL SQ FT 180 40.00$ 7,200.00$ 40.00$ 7,200.00$ 40.00$ 7,200.00$ 42.00$ 7,560.00$ 45.00$ 8,100.00$
112 2" HDPE CONDUIT INCL TRACER WIRE LIN FT 3,300 4.75$ 15,675.00$ 4.50$ 14,850.00$ 6.30$ 20,790.00$ 8.40$ 27,720.00$ 6.00$ 19,800.00$
113 HANDHOLE EACH 3 1,100.00$ 3,300.00$ 980.00$ 2,940.00$ 1,350.00$ 4,050.00$ 1,081.00$ 3,243.00$ 850.00$ 2,550.00$
114 SIGN TYPE C SQ FT 38 48.00$ 1,800.00$ 40.00$ 1,500.00$ 45.00$ 1,687.50$ 42.00$ 1,575.00$ 45.00$ 1,687.50$
115 DECIDUOUS TREE 2" DIA B&B TREE 86 425.00$ 36,550.00$ 405.00$ 34,830.00$ 435.00$ 37,410.00$ 400.00$ 34,400.00$ 400.00$ 34,400.00$
116 STORM DRAIN INLET PROTECTION EACH 50 125.00$ 6,250.00$ 145.00$ 7,250.00$ 125.00$ 6,250.00$ 150.00$ 7,500.00$ 100.00$ 5,000.00$
117 SANDY CLAY LOAM TOPSOIL BORROW (LV)CU YD 2,830 49.00$ 138,670.00$ 46.95$ 132,868.50$ 30.00$ 84,900.00$ 35.00$ 99,050.00$ 25.00$ 70,750.00$
118 COMPOST GRADE 2 CU YD 2,830 22.50$ 63,675.00$ 21.25$ 60,137.50$ 30.00$ 84,900.00$ 25.00$ 70,750.00$ 25.00$ 70,750.00$
119 SODDING TYPE LAWN SQ YD 31,300 3.85$ 120,505.00$ 3.69$ 115,497.00$ 4.00$ 125,200.00$ 4.20$ 131,460.00$ 4.00$ 125,200.00$
120 TURF ESTABLISHMENT LUMP SUM 1 25,000.00$ 25,000.00$ 22,950.00$ 22,950.00$ 23,500.00$ 23,500.00$ 24,700.00$ 24,700.00$ 30,000.00$ 30,000.00$
121 FERTILIZER TYPE 3 LB 1,620 1.50$ 2,430.00$ 1.25$ 2,025.00$ 0.50$ 810.00$ 0.53$ 858.60$ 0.50$ 810.00$
122 BALL FIELD SEED, FERTILIZER, HYDROMULCH ACRE 0.5 11,000.00$ 5,500.00$ 10,256.00$ 5,128.00$ 3,500.00$ 1,750.00$ 3,675.00$ 1,837.50$ 3,500.00$ 1,750.00$
123 SKID LOADER HOUR 30 110.00$ 3,300.00$ 100.00$ 3,000.00$ 125.00$ 3,750.00$ 100.00$ 3,000.00$ 100.00$ 3,000.00$
124 STREET SWEEPER (WITH PICKUP BROOM)HOUR 30 120.00$ 3,600.00$ 150.00$ 4,500.00$ 130.00$ 3,900.00$ 140.00$ 4,200.00$ 150.00$ 4,500.00$
TOTAL PART 5 - STREETS 2,302,984.50$ 2,291,819.50$ 2,526,551.50$ 2,556,045.60$ 2,529,512.50$
PART 6 - BELMONT POND
125 TEMPORARY CONSTRUCTION ENTRANCE EACH 1.0 2,000.00$ 2,000.00$ 2,500.00$ 2,500.00$ 1,500.00$ 1,500.00$ 2,500.00$ 2,500.00$ 750.00$ 750.00$
126 POND DEWATERING LUMP SUM 1 4,800.00$ 4,800.00$ 4,800.00$ 4,800.00$ 35,000.00$ 35,000.00$ 15,000.00$ 15,000.00$ 25,000.00$ 25,000.00$
127 CLEARING AND GRUBBING ACRE 0.25 10,800.00$ 2,700.00$ 10,000.00$ 2,500.00$ 10,000.00$ 2,500.00$ 15,750.00$ 3,937.50$ 15,000.00$ 3,750.00$
Page 5
BID TABULATION
No.Item Unit Est. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Bidder No. 1
McNamara Contracting, Inc.
Bidder No. 4
R.L. Larson Excavating, Inc.
Bidder No. 3
Northwest Asphalt, Inc.
Bidder No. 5
Ryan Contracting Co.
Bidder No. 2
Redstone Construction LLC
128 CLEARING TREE 14 105.00$ 1,470.00$ 115.00$ 1,610.00$ 100.00$ 1,400.00$ 126.00$ 1,764.00$ 150.00$ 2,100.00$
129 GRUBBING TREE 14 135.00$ 1,890.00$ 135.00$ 1,890.00$ 130.00$ 1,820.00$ 126.00$ 1,764.00$ 150.00$ 2,100.00$
130 DECIDUOUS TREE 2" DIA B&B TREE 14 425.00$ 5,950.00$ 405.00$ 5,670.00$ 435.00$ 6,090.00$ 400.00$ 5,600.00$ 500.00$ 7,000.00$
131 COMMON EXCAVATION (EV) - SEDIMENTATION BASIN CU YD 960 16.00$ 15,360.00$ 15.70$ 15,072.00$ 23.00$ 22,080.00$ 12.00$ 11,520.00$ 25.00$ 24,000.00$
132 RANDOM RIP RAP, CLASS IV CU YD 60 100.00$ 6,000.00$ 100.00$ 6,000.00$ 70.00$ 4,200.00$ 100.00$ 6,000.00$ 70.00$ 4,200.00$
133 COARSE AGGREGATE BEDDING (LV)CU YD 60 50.00$ 3,000.00$ 50.00$ 3,000.00$ 30.00$ 1,800.00$ 100.00$ 6,000.00$ 40.00$ 2,400.00$
134 MUCK EXCAVATION (LV) - MANAGEMENT LEVEL 1 CU YD 680 26.50$ 18,020.00$ 26.60$ 18,088.00$ 46.00$ 31,280.00$ 18.00$ 12,240.00$ 25.00$ 17,000.00$
135 MUCK EXCAVATION (LV) - MANAGEMENT LEVEL 2 CU YD 1,310 26.50$ 34,715.00$ 26.60$ 34,846.00$ 46.00$ 60,260.00$ 18.00$ 23,580.00$ 25.00$ 32,750.00$
136 35-241 SEED, FERTILIZER, BLANKET, CATEGORY 3 SQ YD 1,450 1.50$ 2,175.00$ 1.39$ 2,015.50$ 1.50$ 2,175.00$ 1.58$ 2,291.00$ 1.50$ 2,175.00$
137 35-241 SEED, FERTILIZER, HYDROMULCH ACRE 1 6,000.00$ 6,000.00$ 5,560.00$ 5,560.00$ 3,500.00$ 3,500.00$ 3,675.00$ 3,675.00$ 3,500.00$ 3,500.00$
TOTAL PART 6 - BELMONT POND 104,080.00$ 103,551.50$ 173,605.00$ 95,871.50$ 126,725.00$
TOTAL PART 1 - SANITARY SEWER 517,447.59$ 504,522.20$ 520,661.69$ 523,715.35$ 555,655.00$
TOTAL PART 2 - WATER MAIN 592,955.00$ 630,457.50$ 550,211.00$ 569,230.05$ 581,280.00$
TOTAL PART 3 - SERVICES 353,958.00$ 455,311.00$ 340,831.00$ 356,776.85$ 349,860.00$
TOTAL PART 4 - STORM SEWER 320,669.50$ 325,045.00$ 315,657.08$ 352,123.00$ 371,876.00$
TOTAL PART 5 - STREETS 2,302,984.50$ 2,291,819.50$ 2,526,551.50$ 2,556,045.60$ 2,529,512.50$
TOTAL PART 6 - BELMONT POND 104,080.00$ 103,551.50$ 173,605.00$ 95,871.50$ 126,725.00$
TOTAL BID 4,192,094.59$ 4,310,706.70$ 4,427,517.27$ 4,453,762.35$ 4,514,908.50$
Contractor
Address
Address
Phone
Representative
Title
Bid Bond
Addenda 1
Addenda 2
Addenda 3
President
5.00%
Yes
Yes
Yes
McNamara Contracting Inc.
16700 Chippendale Ave
Yes YesYesYes
Rosemount, MN 55068
651-322-5500
Mike McNamara
Mora, MN 55051
320-679-4140
Redstone Construction LLC
P.O. Box 218
Ryan Contracting Co.
26480 France Ave
5.00%
Yes
Elko, MN 55020
952-894-3200
Thomas J. Ryan
President
5.00%
Yes
Nate R. Larson
President
Yes
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
952-445-1003
Tyler Enright
Project Manager
R.L.Larson Excavating, Inc.
2255 12th Street SE
St. Cloud, MN 56304
320-654-0709
Douglas Moen
Vice President
Yes YesYesYes
5.00%
Yes
5.00%
Page 6
Project Name:2017 STREET AND UTILITY IMPROVEMENTS
City Project No.:2017-104
Bid Opening:Tuesday, March 7, at 10:00 A.M., C.D.S.T.
BID TABULATION
No.Item Unit Est. Quantity
PART 1 - SANITARY SEWER
1 MOBILIZATION LUMP SUM 1
2 REMOVE VCP SANITARY SEWER LIN FT 5,430
3 REMOVE MANHOLE INCL. CASTING EA 30
4 REMOVE MANHOLE CONE SECTION INCL CASTING EA 8
5 REMOVE CAST IRON SANITARY SEWER SERVICE LIN FT 4,365
6 12" CIPP SANITARY SEWER LINING LIN FT 2,392
7 BYPASS PUMPING - LINING LUMP SUM 1
8 8" PVC SANITARY SEWER, SDR 35, 10'-15' DEEP LIN FT 5,240
9 8" PVC SANITARY SEWER, SDR 35, 15'-20' DEEP LIN FT 160
10 8" PVC SANITARY SEWER, C-900, 10'-15' DEEP LIN FT 20
11 8"X4" PVC WYE EA 82
12
FURNISH AND INSTALL 4' DIA MH,CONE SECTION,
INCL R-1642 CSTG & HDPE ADJ RINGS EA 8
13
FURNISH AND INSTALL 4' DIA MH, 8' DEEP, INCL R-
1642 CSTG & HDPE ADJ RINGS EA 31
14 4' MANHOLE OVERDEPTH LIN FT 120
15 CONSTRUCT 8" OUTSIDE DROP 5
16 CONNECT TO EXISTING PIPE EA 3
17 CONNECT TO EXISTING STRUCTURE EA 3
18 FURNISH AND INSTALL I&I BARRIER EA 40
19 RECONNECT SERVICE (INLINE)EA 29
TOTAL PART 1 - SANITARY SEWER
PART 2 - WATER MAIN
20 REMOVE WATER MAIN LIN FT 8,220
21 REMOVE HYDRANT AND GATE VALVE EA 14
22 REMOVE COPPER WATER SERVICE LIN FT 4,505
Unit Price Total Price Unit Price Total Price Unit Price Total Price
83,339.29$ 83,339.29$ 60,000.00$ 60,000.00$ 21,900.00$ 21,900.00$
0.01$ 54.30$ 5.00$ 27,150.00$ 0.01$ 54.30$
475.00$ 14,250.00$ 500.00$ 15,000.00$ 489.00$ 14,670.00$
300.00$ 2,400.00$ 125.00$ 1,000.00$ 309.00$ 2,472.00$
2.78$ 12,134.70$ 2.00$ 8,730.00$ 2.85$ 12,440.25$
30.75$ 73,554.00$ 28.90$ 69,128.80$ 29.60$ 70,803.20$
525.00$ 525.00$ 600.00$ 600.00$ 510.00$ 510.00$
36.68$ 192,203.20$ 66.00$ 345,840.00$ 37.50$ 196,500.00$
36.68$ 5,868.80$ 137.00$ 21,920.00$ 37.50$ 6,000.00$
37.00$ 740.00$ 79.00$ 1,580.00$ 37.90$ 758.00$
106.79$ 8,756.78$ 225.00$ 18,450.00$ 110.00$ 9,020.00$
902.46$ 7,219.68$ 1,968.00$ 15,744.00$ 1,510.00$ 12,080.00$
1,731.38$ 53,672.78$ 3,096.00$ 95,976.00$ 2,340.00$ 72,540.00$
718.94$ 86,272.80$ 168.00$ 20,160.00$ 741.00$ 88,920.00$
603.57$ 3,138.56$ 385.00$ 2,002.00$ 622.00$ 3,234.40$
1,332.27$ 3,996.81$ 413.00$ 1,239.00$ 1,370.00$ 4,110.00$
1,778.39$ 5,335.17$ 1,262.00$ 3,786.00$ 1,830.00$ 5,490.00$
339.61$ 13,584.40$ 207.00$ 8,280.00$ 508.00$ 20,320.00$
106.05$ 3,075.45$ 400.00$ 11,600.00$ 102.00$ 2,958.00$
570,121.72$ 728,185.80$ 544,780.15$
4.75$ 39,045.00$ 5.00$ 41,100.00$ 4.90$ 40,278.00$
325.00$ 4,550.00$ 554.00$ 7,756.00$ 335.00$ 4,690.00$
1.75$ 7,883.75$ 2.00$ 9,010.00$ 1.80$ 8,109.00$
Bidder No. 6 Bidder No. 8
Northdale Construction Co., Inc. Park Construction Company
Bidder No. 7
Palda & Sons
Page 7
BID TABULATION
No.Item Unit Est. Quantity
23 REMOVE CURB STOP AND BOX EA 111
24 TEMPORARY WATER SYSTEM LUMP SUM 1
25 FURNISH AND INSTALL 8" GATE VALVE AND BOX EA 21
26
FURNISH AND INSTALL HYDRANT, 6" GATE VALVE
AND BOX EA 15
27 8" WATER MAIN DUCTILE IRON CL 52, INCL V-BIO LIN FT 8,060
28 6" WATER MAIN DUCTILE IRON CL 52, INCL V-BIO LIN FT 150
29 CONNECT TO EXISTING WATER MAIN EA 3
30 WATER MAIN INSULATION, 3" THICK SY 32
31 DUCTILE IRON FITTINGS LB 3,100
TOTAL PART 2 - WATER MAIN
PART 3 - SERVICES
32 RECONNECT EXISTING SANITARY SEWER SERVICE EACH 111
33 SANITARY SEWER SERVICE LOCATE BOX EACH 111
34 4" PVC SANITARY SEWER SERVICE PIPE LIN FT 4,295
35 TELEVISE EXISTING 4" RISER LIN FT 30
36 4-INCH CIPP SANITARY SEWER RISER LINING LIN FT 30
37 INLINE SERVICE TOP HAT EACH 12
38 4" PVC SANITARY SEWER RISER PIPE LIN FT 50
39 RECONNECT EXISTING WATER SERVICE EACH 112
40 1" TYPE K COPPER WATER SERVICE PIPE LIN FT 4,640
41 1" CURB STOP & BOX EA 112
42 1" CORPORATION STOP EA 112
TOTAL PART 3 - SERVICES
PART 4 - STORM SEWER
43 REMOVE 12" RCP STORM SEWER LIN FT 15
44 REMOVE 15" RCP STORM SEWER LIN FT 531
45 REMOVE 18" RCP STORM SEWER LIN FT 127
46 REMOVE MANHOLE OR CATCH BASIN INCL CASTING EACH 11
Unit Price Total Price Unit Price Total Price Unit Price Total Price
Bidder No. 6 Bidder No. 8
Northdale Construction Co., Inc. Park Construction Company
Bidder No. 7
Palda & Sons
45.00$ 4,995.00$ 70.00$ 7,770.00$ 46.40$ 5,150.40$
39,950.00$ 39,950.00$ 95,000.00$ 95,000.00$ 41,200.00$ 41,200.00$
1,631.30$ 34,257.30$ 2,175.00$ 45,675.00$ 1,680.00$ 35,280.00$
4,709.50$ 70,642.50$ 6,529.00$ 97,935.00$ 4,850.00$ 72,750.00$
38.29$ 308,617.40$ 54.00$ 435,240.00$ 40.00$ 322,400.00$
38.43$ 5,764.50$ 65.00$ 9,750.00$ 40.10$ 6,015.00$
1,525.20$ 4,575.60$ 738.00$ 2,214.00$ 1,570.00$ 4,710.00$
28.79$ 921.28$ 40.00$ 1,280.00$ 29.70$ 950.40$
11.63$ 36,053.00$ 7.55$ 23,405.00$ 12.00$ 37,200.00$
557,255.33$ 776,135.00$ 578,732.80$
50.29$ 5,582.19$ 250.00$ 27,750.00$ 51.80$ 5,749.80$
125.22$ 13,899.42$ 200.00$ 22,200.00$ 129.00$ 14,319.00$
24.87$ 106,816.65$ 51.00$ 219,045.00$ 26.40$ 113,388.00$
126.00$ 3,780.00$ 125.00$ 3,750.00$ 122.00$ 3,660.00$
47.25$ 1,417.50$ 46.40$ 1,392.00$ 45.90$ 1,377.00$
2,730.00$ 32,760.00$ 2,700.00$ 32,400.00$ 2,650.00$ 31,800.00$
24.87$ 1,243.50$ 53.91$ 2,695.50$ 25.60$ 1,280.00$
60.74$ 6,802.88$ 310.00$ 34,720.00$ 68.80$ 7,705.60$
26.50$ 122,960.00$ 29.00$ 134,560.00$ 27.80$ 128,992.00$
214.71$ 24,047.52$ 313.00$ 35,056.00$ 221.00$ 24,752.00$
97.56$ 10,926.72$ 253.00$ 28,336.00$ 101.00$ 11,312.00$
330,236.38$ 541,904.50$ 344,335.40$
7.00$ 105.00$ 10.00$ 150.00$ 7.20$ 108.00$
7.00$ 3,717.00$ 10.00$ 5,310.00$ 7.20$ 3,823.20$
7.00$ 889.00$ 10.00$ 1,270.00$ 7.20$ 914.40$
435.00$ 4,785.00$ 500.00$ 5,500.00$ 448.00$ 4,928.00$
Page 8
BID TABULATION
No.Item Unit Est. Quantity
47 REMOVE FLARED END SECTION EACH 3
48 15" RC PIPE SEWER CLASS 5, 0'-10' DEEP LIN FT 1,632
49 18" RC PIPE SEWER CLASS 5, 0'-10' DEEP LIN FT 798
50 21" RC PIPE SEWER CLASS 4, 0'-10' DEEP LIN FT 373
51 24" RC PIPE SEWER CLASS 3, 0'-10' DEEP LIN FT 741
52 27" RC PIPE SEWER CLASS 3, 0'-10' DEEP LIN FT 180
53 30" RC PIPE SEWER CLASS 3, 0'-10' DEEP LIN FT 34
54 33" RC PIPE SEWER CLASS 3, 0'-10' DEEP LIN FT 378
55 42" RC PIPE SEWER CLASS 2, 0'-10' DEEP LIN FT 30
56 2'x3' CB INCL R-3290-VB CSTG AND HDPE ADJ RINGS EACH 17
57
4' DIA STORM MH, 8' DEEP, INCL R-1642 CSTG AND
HDPE ADJ RINGS EACH 5
58
4' DIA STORM CBMH, 8' DEEP, INCL R-3290-VB CSTG
AND HDPE ADJ RINGS EACH 17
59
4' DIA STORM CBMH W/SUMP, 8' DEEP, INCL R-3290-
VB CSTG AND HDPE ADJ RINGS EACH 1
60
5' DIA STORM CBMH, 8' DEEP, INCL R-3290-VB CSTG
AND HDPE ADJ RINGS EACH 5
61
5' DIA STORM CBMH W/SUMP, 8' DEEP, INCL R-3290-
VB CSTG AND HDPE ADJ RINGS EACH 1
62
6' DIA STORM MH, 8' DEEP, INCL R-1642 CSTG AND
HDPE ADJ RINGS EACH 1
63
6' DIA STORM CBMH, 8' DEEP, INCL R-3290-VB CSTG
AND HDPE ADJ RINGS EACH 2
64
7' DIA STORM CBMH W/SUMP, 8' DEEP, INCL R-3290-
VB CSTG AND HDPE ADJ RINGS EACH 1
65 15" FLARED END SECTION W/TRASHGUARD EACH 1
66 33" FLARED END SECTION W/TRASHGUARD EACH 1
67 42" FLARED END SECTION W/TRASHGUARD EACH 1
68 RANDOM RIP RAP, CLASS I CY 12
69 RANDOM RIP RAP, CLASS III CY 58
70 CONNECT TO EXISTING STORM SEWER EACH 1
TOTAL PART 4 - STORM SEWER
PART 5 - STREETS
71 MOBILIZATION LUMP SUM 1
72 TRAFFIC CONTROL LUMP SUM 1
Unit Price Total Price Unit Price Total Price Unit Price Total Price
Bidder No. 6 Bidder No. 8
Northdale Construction Co., Inc. Park Construction Company
Bidder No. 7
Palda & Sons
150.00$ 450.00$ 500.00$ 1,500.00$ 155.00$ 465.00$
40.27$ 65,720.64$ 50.00$ 81,600.00$ 41.50$ 67,728.00$
41.40$ 33,037.20$ 54.00$ 43,092.00$ 42.70$ 34,074.60$
43.38$ 16,180.74$ 59.00$ 22,007.00$ 44.70$ 16,673.10$
46.51$ 34,463.91$ 63.00$ 46,683.00$ 47.90$ 35,493.90$
55.56$ 10,000.80$ 72.00$ 12,960.00$ 57.20$ 10,296.00$
65.43$ 2,224.62$ 78.00$ 2,652.00$ 67.40$ 2,291.60$
66.49$ 25,133.22$ 99.00$ 37,422.00$ 68.50$ 25,893.00$
112.82$ 3,384.60$ 134.00$ 4,020.00$ 116.00$ 3,480.00$
1,254.31$ 21,323.27$ 1,675.00$ 28,475.00$ 1,860.00$ 31,620.00$
1,480.25$ 7,401.25$ 2,256.00$ 11,280.00$ 2,080.00$ 10,400.00$
1,596.38$ 27,138.46$ 2,153.00$ 36,601.00$ 2,180.00$ 37,060.00$
1,829.64$ 1,829.64$ 2,270.00$ 2,270.00$ 2,460.00$ 2,460.00$
2,308.41$ 11,542.05$ 2,800.00$ 14,000.00$ 2,960.00$ 14,800.00$
2,911.44$ 2,911.44$ 3,809.00$ 3,809.00$ 3,580.00$ 3,580.00$
2,924.50$ 2,924.50$ 4,241.00$ 4,241.00$ 3,570.00$ 3,570.00$
3,040.60$ 6,081.20$ 3,754.00$ 7,508.00$ 3,710.00$ 7,420.00$
4,718.00$ 4,718.00$ 5,729.00$ 5,729.00$ 5,280.00$ 5,280.00$
795.61$ 795.61$ 1,000.00$ 1,000.00$ 820.00$ 820.00$
1,686.66$ 1,686.66$ 2,300.00$ 2,300.00$ 1,740.00$ 1,740.00$
2,326.83$ 2,326.83$ 3,000.00$ 3,000.00$ 2,400.00$ 2,400.00$
103.50$ 1,242.00$ 150.00$ 1,800.00$ 107.00$ 1,284.00$
103.50$ 6,003.00$ 150.00$ 8,700.00$ 107.00$ 6,206.00$
950.00$ 950.00$ 375.00$ 375.00$ 979.00$ 979.00$
298,965.64$ 395,254.00$ 335,787.80$
90,214.29$ 90,214.29$ 433,700.00$ 433,700.00$ 170,800.00$ 170,800.00$
6,337.50$ 6,337.50$ 11,000.00$ 11,000.00$ 4,590.00$ 4,590.00$
Page 9
BID TABULATION
No.Item Unit Est. Quantity
73 CLEARING AND GRUBBING ACRE 0
74 CLEARING TREE 86
75 GRUBBING TREE 86
76 REMOVE LANDSCAPE BOULDER EACH 20
77 SALVAGE PRIVATE YARD LIGHT POLE EACH 4
78 REMOVE SIGN EACH 7
79 REMOVE CONCRETE STEP EACH 1
80 REMOVE CURB AND GUTTER LIN FT 15,750
81 REMOVE CONCRETE VALLEY GUTTER SQ FT 700
82 REMOVE CONCRETE WALK OR DRIVEWAY SQ FT 28,400
83 REMOVE BITUMINOUS PAVEMENT SQ YD 28,430
84 REMOVE BITUMINOUS TRAIL OR DRIVEWAY SQ YD 3,750
85 SALVAGE AND REINSTALL PAVER DRIVEWAY SQ FT 350
86 SALVAGE AND REINSTALL MAILBOXES LUMP SUM 1
87 GEOTEXTILE FABRIC TYPE V SQ YD 2,500
88 COMMON EXCAVATION (EV)CU YD 22,120
89 COMMON EXCAVATION (EV) - WALK OR DRIVEWAY CU YD 2,850
90 SUBGRADE EXCAVATION CU YD 1,110
91 SELECT GRANULAR BORROW TON 27,700
92 AGGREGATE BASE CLASS 5 TON 16,790
93
AGGREGATE BASE CLASS 5 - WALK, DRIVEWAY,
PATCH TON 3,250
94 MODULAR BLOCK RETAINING WALL SQ FT 500
95 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,560
96 TYPE SPWEA330C WEAR 2" THICK TON 7,230
97
TYPE SPWEA330B WEAR 3" THICK FOR TRAIL
PATCHING TON 15
98 TYPE SPWEA240B WEAR 1.5" THICK FOR DRIVEWAYS TON 770
99 FINE FILTER AGGREGATE (LV)CU YD 35
100 4" PERFORATED PE PIPE DRAIN LIN FT 200
Unit Price Total Price Unit Price Total Price Unit Price Total Price
Bidder No. 6 Bidder No. 8
Northdale Construction Co., Inc. Park Construction Company
Bidder No. 7
Palda & Sons
10,500.00$ 2,100.00$ 14,000.00$ 2,800.00$ 10,200.00$ 2,040.00$
120.75$ 10,384.50$ 188.00$ 16,168.00$ 102.00$ 8,772.00$
141.75$ 12,190.50$ 76.00$ 6,536.00$ 102.00$ 8,772.00$
55.00$ 1,100.00$ 50.00$ 1,000.00$ 84.60$ 1,692.00$
1,265.00$ 5,060.00$ 1,150.00$ 4,600.00$ 1,170.00$ 4,680.00$
26.25$ 183.75$ 35.00$ 245.00$ 25.50$ 178.50$
250.00$ 250.00$ 300.00$ 300.00$ 1,490.00$ 1,490.00$
2.40$ 37,800.00$ 3.15$ 49,612.50$ 3.10$ 48,825.00$
0.95$ 665.00$ 2.03$ 1,421.00$ 1.75$ 1,225.00$
0.95$ 26,980.00$ 0.81$ 23,004.00$ 1.70$ 48,280.00$
2.00$ 56,860.00$ 2.20$ 62,546.00$ 2.35$ 66,810.50$
4.25$ 15,937.50$ 5.74$ 21,525.00$ 13.50$ 50,625.00$
24.68$ 8,638.00$ 19.50$ 6,825.00$ 17.10$ 5,985.00$
4,462.50$ 4,462.50$ 7,500.00$ 7,500.00$ 4,340.00$ 4,340.00$
2.35$ 5,875.00$ 1.24$ 3,100.00$ 4.15$ 10,375.00$
16.45$ 363,874.00$ 7.98$ 176,517.60$ 13.30$ 294,196.00$
22.75$ 64,837.50$ 14.57$ 41,524.50$ 16.40$ 46,740.00$
18.45$ 20,479.50$ 9.23$ 10,245.30$ 13.60$ 15,096.00$
14.33$ 396,941.00$ 5.92$ 163,984.00$ 12.60$ 349,020.00$
18.80$ 315,652.00$ 9.29$ 155,979.10$ 20.90$ 350,911.00$
21.50$ 69,875.00$ 9.29$ 30,192.50$ 27.90$ 90,675.00$
30.98$ 15,490.00$ 42.00$ 21,000.00$ 37.80$ 18,900.00$
1.37$ 2,137.20$ 1.00$ 1,560.00$ 1.95$ 3,042.00$
53.18$ 384,491.40$ 25.00$ 180,750.00$ 55.10$ 398,373.00$
153.30$ 2,299.50$ 100.00$ 1,500.00$ 180.00$ 2,700.00$
81.74$ 62,939.80$ 70.00$ 53,900.00$ 90.10$ 69,377.00$
45.00$ 1,575.00$ 35.00$ 1,225.00$ 84.20$ 2,947.00$
23.50$ 4,700.00$ 24.00$ 4,800.00$ 23.40$ 4,680.00$
Page 10
BID TABULATION
No.Item Unit Est. Quantity
101 CONNECT INTO DRAINAGE STRUCTURE EACH 4
102 ADJUST GATE VALVE EACH 22
103 ADJUST MANHOLE EACH 48.00
104 ADJUST CATCH BASIN EACH 44
105 CONCRETE STEP EACH 1
106 5" CONCRETE SIDEWALK AND DRIVEWAY SQ FT 37,500
107 CONCRETE CURB AND GUTTER, MOUNTABLE LIN FT 3,750
108 CONCRETE CURB AND GUTTER, B618 LIN FT 11,900
109 7" CONCRETE VALLEY GUTTER SQ YD 230
110 CONCRETE PEDESTRIAN CURB RAMP SQ FT 750
111 TRUNCATED DOME PANEL SQ FT 180
112 2" HDPE CONDUIT INCL TRACER WIRE LIN FT 3,300
113 HANDHOLE EACH 3
114 SIGN TYPE C SQ FT 38
115 DECIDUOUS TREE 2" DIA B&B TREE 86
116 STORM DRAIN INLET PROTECTION EACH 50
117 SANDY CLAY LOAM TOPSOIL BORROW (LV)CU YD 2,830
118 COMPOST GRADE 2 CU YD 2,830
119 SODDING TYPE LAWN SQ YD 31,300
120 TURF ESTABLISHMENT LUMP SUM 1
121 FERTILIZER TYPE 3 LB 1,620
122 BALL FIELD SEED, FERTILIZER, HYDROMULCH ACRE 0.5
123 SKID LOADER HOUR 30
124 STREET SWEEPER (WITH PICKUP BROOM)HOUR 30
TOTAL PART 5 - STREETS
PART 6 - BELMONT POND
125 TEMPORARY CONSTRUCTION ENTRANCE EACH 1.0
126 POND DEWATERING LUMP SUM 1
127 CLEARING AND GRUBBING ACRE 0.25
Unit Price Total Price Unit Price Total Price Unit Price Total Price
Bidder No. 6 Bidder No. 8
Northdale Construction Co., Inc. Park Construction Company
Bidder No. 7
Palda & Sons
125.00$ 500.00$ 350.00$ 1,400.00$ 775.00$ 3,100.00$
235.00$ 5,170.00$ 375.00$ 8,250.00$ 437.00$ 9,614.00$
375.00$ 18,000.00$ 400.00$ 19,200.00$ 681.00$ 32,688.00$
105.00$ 4,620.00$ 150.00$ 6,600.00$ 303.00$ 13,332.00$
1,050.00$ 1,050.00$ 800.00$ 800.00$ 2,220.00$ 2,220.00$
3.66$ 137,250.00$ 4.15$ 155,625.00$ 4.35$ 163,125.00$
10.13$ 37,987.50$ 10.50$ 39,375.00$ 13.80$ 51,750.00$
11.28$ 134,232.00$ 10.30$ 122,570.00$ 14.10$ 167,790.00$
72.82$ 16,748.60$ 72.35$ 16,640.50$ 81.10$ 18,653.00$
7.14$ 5,355.00$ 10.00$ 7,500.00$ 17.50$ 13,125.00$
49.35$ 8,883.00$ 40.00$ 7,200.00$ 38.60$ 6,948.00$
4.73$ 15,609.00$ 4.50$ 14,850.00$ 4.60$ 15,180.00$
1,029.00$ 3,087.00$ 980.00$ 2,940.00$ 1,000.00$ 3,000.00$
42.00$ 1,575.00$ 45.00$ 1,687.50$ 40.80$ 1,530.00$
400.05$ 34,404.30$ 400.00$ 34,400.00$ 389.00$ 33,454.00$
235.00$ 11,750.00$ 250.00$ 12,500.00$ 143.00$ 7,150.00$
35.50$ 100,465.00$ 34.65$ 98,059.50$ 45.40$ 128,482.00$
27.00$ 76,410.00$ 24.46$ 69,221.80$ 47.50$ 134,425.00$
4.20$ 131,460.00$ 4.00$ 125,200.00$ 4.10$ 128,330.00$
24,675.00$ 24,675.00$ 23,500.00$ 23,500.00$ 24,000.00$ 24,000.00$
0.53$ 858.60$ 0.50$ 810.00$ 0.51$ 826.20$
3,675.00$ 1,837.50$ 3,500.00$ 1,750.00$ 3,570.00$ 1,785.00$
83.00$ 2,490.00$ 135.00$ 4,050.00$ 118.00$ 3,540.00$
125.00$ 3,750.00$ 140.00$ 4,200.00$ 122.00$ 3,660.00$
2,768,497.94$ 2,273,389.80$ 3,053,844.20$
2,500.00$ 2,500.00$ 10,000.00$ 10,000.00$ 3,570.00$ 3,570.00$
33,750.00$ 33,750.00$ 34,331.00$ 34,331.00$ 17,400.00$ 17,400.00$
10,500.00$ 2,625.00$ 15,000.00$ 3,750.00$ 10,200.00$ 2,550.00$
Page 11
BID TABULATION
No.Item Unit Est. Quantity
128 CLEARING TREE 14
129 GRUBBING TREE 14
130 DECIDUOUS TREE 2" DIA B&B TREE 14
131 COMMON EXCAVATION (EV) - SEDIMENTATION BASIN CU YD 960
132 RANDOM RIP RAP, CLASS IV CU YD 60
133 COARSE AGGREGATE BEDDING (LV)CU YD 60
134 MUCK EXCAVATION (LV) - MANAGEMENT LEVEL 1 CU YD 680
135 MUCK EXCAVATION (LV) - MANAGEMENT LEVEL 2 CU YD 1,310
136 35-241 SEED, FERTILIZER, BLANKET, CATEGORY 3 SQ YD 1,450
137 35-241 SEED, FERTILIZER, HYDROMULCH ACRE 1
TOTAL PART 6 - BELMONT POND
TOTAL PART 1 - SANITARY SEWER
TOTAL PART 2 - WATER MAIN
TOTAL PART 3 - SERVICES
TOTAL PART 4 - STORM SEWER
TOTAL PART 5 - STREETS
TOTAL PART 6 - BELMONT POND
TOTAL BID
Contractor
Address
Address
Phone
Representative
Title
Bid Bond
Addenda 1
Addenda 2
Addenda 3
Unit Price Total Price Unit Price Total Price Unit Price Total Price
Bidder No. 6 Bidder No. 8
Northdale Construction Co., Inc. Park Construction Company
Bidder No. 7
Palda & Sons
120.75$ 1,690.50$ 350.00$ 4,900.00$ 102.00$ 1,428.00$
141.75$ 1,984.50$ 150.00$ 2,100.00$ 102.00$ 1,428.00$
400.05$ 5,600.70$ 366.00$ 5,124.00$ 389.00$ 5,446.00$
28.95$ 27,792.00$ 15.07$ 14,467.20$ 13.00$ 12,480.00$
145.00$ 8,700.00$ 150.00$ 9,000.00$ 99.50$ 5,970.00$
42.50$ 2,550.00$ 35.00$ 2,100.00$ 74.01$ 4,440.60$
36.95$ 25,126.00$ 72.76$ 49,476.80$ 32.80$ 22,304.00$
69.00$ 90,390.00$ 72.76$ 95,315.60$ 28.50$ 37,335.00$
1.58$ 2,291.00$ 1.50$ 2,175.00$ 1.55$ 2,247.50$
3,675.00$ 3,675.00$ 3,500.00$ 3,500.00$ 3,570.00$ 3,570.00$
208,674.70$ 236,239.60$ 120,169.10$
570,121.72$ 728,185.80$ 544,780.15$
557,255.33$ 776,135.00$ 578,732.80$
330,236.38$ 541,904.50$ 344,335.40$
298,965.64$ 395,254.00$ 335,787.80$
2,768,497.94$ 2,273,389.80$ 3,053,844.20$
208,674.70$ 236,239.60$ 120,169.10$
4,733,751.71$ 4,951,108.70$ 4,977,649.45$
Yes
Yes
Yes
President
5.00%
Yes
Yes
Yes
Minneapolis, MN 55432
763-786-9800
Charles Borene
Paving Division Manager
5.00%
Northdale Construction Co
9760 71st Street NE
Albertville, MN 55301
763-428-4868
Philip B. Lesnar
Park Construction Company
1481 81st Avenue NE
Yes
Palada and Sons, Inc.
1462 Dayton Ave
St. Paul, MN 55104
651-644-1604
Jay C. Palda
President
5.00%
Yes
Yes
Page 12
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11
PALOMINO DRCITY OF APPLE VALLEY
DATE:PROJECT NO.
FIGURE:
PALOMINO HILLS 3RD/4TH - STREET AND UTILITY RECONSTRUCTION
2017 CAPITAL IMPROVEMENT PROGRAM AREAS
1
2017-104
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Awarding P roject 2017-105, 2017 Street I mprovements
S taff Contact:
B randon A nderson, City E ngineer
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Adopt resolution awarding agreement for Project 2017-105, 2017 Street Improvements, to
McNamara C ontracting, Inc., in the amount of $873,458.25.
S UM M ARY:
City C ouncil adopted Resolution No. 2017-28 on February 9, 2017, approving plans and
specifications and directing receipt of bids for Project 2017, 2017 Street Improvements. O n
March 7, 2017, one bid was received for the 2017 Street Improvements project as described
within the attached bid tabulation. McN amara Contracting, Inc., submitted the low bid in the
amount of $873,458.25. T he low bid was $123,458.25 over the Engineers estimate of
$750,000.00. T he total budget for the project includes the Mill and Overlay of Galaxie
Avenue, which will be bid separately at a later date in 2017.
Attached for consideration is a resolution awarding the contract to McNamara C ontracting,
Inc., for Project 2017-105, 2017 Street Improvements project in the amount of $873,458.25.
Should C ity C ouncil award the contract, it is anticipated work will begin the first part of
April. Work on the project will be substantially complete by October 2017.
A standard C ity agreement will be utilized for this project.
B AC K G RO UND :
T he C ity of Apple Valley 2017 C apital Improvement Program identifies potential street
reconstruction and maintenance work. T he scope of the project generally includes bituminous
mill and overlay of streets and trail segments, selective curb replacement and park facilities
construction of parking lots and basketball court. More specifically, the project consists of
the following:
C SA H 38 bike trail mill and overlay from C edar Avenue to 140th Street, north side.
C SA H 42 bike trail mill and overlay from Pilot Knob to Diamond Path, north side.
Cortland Park bituminous trail, volleyball and basketball court.
Annual Ring Route concrete sidewalk repairs and utility street patching.
Hayes A rena/Senior C enter/Community C enter parking lot reconstruction.
Cobblestone Lake Park West parking lot construction.
Driveway entrance repairs at 140th Street and Garden View Drive.
A map of the proposed project area is attached (Figure: 1).
B UD G E T I M PAC T:
Project costs and funding are summarized as follows:
Estimated Project C osts:
C onstruction C ost $873,458.25
C onstruction C ontingency 394,066.75
Engineering Design, Contract A dmin 43,000.00
Engineering Inspection 76,000.00
Geotechnical Exploration 4,000.00
Material Testing 11,000.00
Preliminary Surveying/ C onst. Staking 17,000.00
Total Estimated Cost $ 1,418,525.00
Estimated Project Funding:
Municipal State Aid $ 450,000.00
Dakota C ounty Cost Share 155,000.00
Road Improvement Fund 433,525.00
Park Dedication Fund 300,000.00
Storm Water Utility Fund 25,000.00
Water Utility Fund 55,000.00
Total Estimated Funding $ 1,418,525.00
AT TAC HM E NT S:
R esolution
Exhibit
Map
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2017-105
2017 STREET IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for improvements identified as Project
2017-105, bids were received, opened and tabulated according to law and the following bids
were received complying with the advertisement: (Tabulation attached as Exhibit A), and;
WHEREAS, it appears McNamara Contracting, Inc. is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a
contract with McNamara Contracting, Inc., for its base bid in the amount of $873,458.25
for the completion of Project 2017-105 according to the plans and specifications heretofore
approved by the Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
3. Estimated project funding shall be provided as follows:
Estimated Project Costs:
Construction Cost $873,458.25
Construction Contingency 394,066.75
Engineering Design, Contract Admin 43,000.00
Engineering Inspection 76,000.00
Geotechnical Exploration 4,000.00
Material Testing 11,000.00
Preliminary Surveying/ Const. Staking 17,000.00
Total Estimated Cost $ 1,418,525.00
Estimated Project Funding:
Municipal State Aid $ 450,000.00
Dakota County Cost Share 155,000.00
Road Improvement Fund 433,525.00
Park Dedication Fund 300,000.00
Storm Water Utility Fund 25,000.00
Water Utility Fund 55,000.00
Total Estimated Funding $ 1,418,525.00
2
ADOPTED this 23rd day of March, 2017.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
No.Item Unit Est. Quantity Unit Price Total Price
TOTAL PART 1 -TRAIL OVERLAYS (CSAH 38)111,171.20$
PART 2 -TRAIL OVERLAYS (CSAH 42)
26 MOBILIZATION LS 1 2,500.00$ 2,500.00$
27 REMOVE BITUMINOUS PAVEMENT SY 20 25.00$ 500.00$
28 REMOVE CONCRETE WALK SF 400 2.00$ 800.00$
29 REMOVE BITUMINOUS WALK OR DRIVE SY 260 10.00$ 2,600.00$
30 REMOVE CURB AND GUTTER, DESIGN B618 LF 120 10.00$ 1,200.00$
31 COMMON EXCAVATION CY 20 25.00$ 500.00$
32
AGGREGATE BASE CLASS 5 FOR TRAIL OR
WALKS TN 25 10.00$ 250.00$
33 MILL BITUMINOUS SURFACE (1.5")SY 60 10.00$ 600.00$
34 PREMIUM TOPSOIL BORROW (LV)CY 75 60.00$ 4,500.00$
35 BITUMINOUS MATERIAL FOR TACK COAT GAL 230 1.00$ 230.00$
36 TYPE SPWEA330B WEAR 1.5" THICK OVERLAY TN 400 50.00$ 20,000.00$
37 TYPE SPWEA330B WEAR FOR PATCHING TN 80 50.00$ 4,000.00$
38 SALVAGE AND INSTALL CASTING EA 2 800.00$ 1,600.00$
39
REMOVE AND REPLACE ADJUSTMENT RINGS
WITH HDPE RINGS LF 2 50.00$ 100.00$
40 ADJUST GATE VALVE EA 1 700.00$ 700.00$
41 FURNISH AND INSTALL GATE VALVE BOX EA 1 900.00$ 900.00$
42 CONCRETE CURB AND GUTTER, DESIGN B618 LF 120 24.00$ 2,880.00$
43 TRUNCATED DOME PANEL SF 96 40.00$ 3,840.00$
44 PEDESTRIAN CURB RAMP SF 440 9.00$ 3,960.00$
45 SEEDING AC 0.35 21,000.00$ 7,350.00$
46 SEED, 25-131 LB 35 7.35$ 257.25$
47 FERTILIZER TYPE 3 LB 105 2.10$ 220.50$
48 TURF ESTABLISHMENT LS 1 2,625.00$ 2,625.00$
49 HYDRAULIC SOIL STABILIZER TYPE 1 SY 1,700 4.20$ 7,140.00$
50 TRAFFIC CONTROL LS 1 2,520.00$ 2,520.00$
TOTAL PART 2 -TRIAL OVERLAYS (CSAH 42)71,772.75$
PART 3 - COMMUNITY CENTER PARKING LOT
51 MOBILIZATION LS 1 20,000.00$ 20,000.00$
Page 2
No.Item Unit Est. Quantity Unit Price Total Price
52 REMOVE CURB AND GUTTER LF 520 8.00$ 4,160.00$
53 REMOVE CONCRETE WALK SF 1400 2.00$ 2,800.00$
54 SAW CUT BITUMINOUS PAVEMENT LF 120 1.00$ 120.00$
55 REMOVE BITUMINOUS PAVEMENT SY 12600 1.80$ 22,680.00$
56 REMOVE CASTING EA 1 300.00$ 300.00$
57 SALVAGE AND INSTALL CASTING EA 10 800.00$ 8,000.00$
58 SALVAGE AND INSTALL SIGN & POST EA 3 210.00$ 630.00$
59 COMMON EXCAVATION (LV)CY 1210 12.00$ 14,520.00$
60 CLEAR AND GRUB TREES EA 26 145.00$ 3,770.00$
61 AGGREGATE BASE CLASS 5 FOR PARKING LOT TN 1000 8.00$ 8,000.00$
62 TYPE SPNWB330C NON-WEAR, 1 1/2" THICK TN 1320 50.00$ 66,000.00$
63 TYPE SPWEB330C WEAR, 1 1/2" THICK TN 1320 50.00$ 66,000.00$
64 BITUMINOUS MATERIAL FOR TACK COAT GAL 700 1.00$ 700.00$
65
REMOVE AND REPLACE ADJUSTMENT RINGS
WITH HDPE RINGS LF 10 50.00$ 500.00$
66 FURNISH AND INSTALL CASTING, R-1642B EA 1 800.00$ 800.00$
67 ADJUST GATE VALVE BOX EA 1 700.00$ 700.00$
68 7" CONCRETE VALLEY GUTTER SY 63 69.00$ 4,347.00$
69 NON-RESIDENTIAL DRIVEWAY ENTRANCE SF 861 10.00$ 8,610.00$
70 CONCRETE CURB AND GUTTER, DESIGN B612 LF 850 11.00$ 9,350.00$
71 CONCRETE PEDESTRIAN CURB RAMP SF 180 15.00$ 2,700.00$
72 TRUNCATED DOME PANEL SF 52 100.00$ 5,200.00$
73 5" CONCRETE WALK SF 700 6.00$ 4,200.00$
74 5" EXPOSED AGGREGATE CONCRETE WALK SF 270 13.00$ 3,510.00$
75 5" COLORED CONCRETE WALK SF 250 16.00$ 4,000.00$
76 6" DIA STEEL BOLLARD EA 4 525.00$ 2,100.00$
77 4" SOLID LINE WHITE - PAINT LF 6600 0.26$ 1,716.00$
78 4" DOULBE YELLOW LINE - PAINT LF 350 1.05$ 367.50$
79 12" SOLID WHITE LINE - PAINT LF 70 2.63$ 184.10$
80 24" SOLID WHITE LINE - PAINT LF 20 4.20$ 84.00$
81
PAVEMENT MESSAGE - HANDICAPPED
SYMBOL, WHITE - PAINT EA 10 26.25$ 262.50$
82
PAVEMENT MESSAGE - RIGHT TURN ARROW,
WHITE - PAINT EA 1 47.25$ 47.25$
83
PAVEEMNT MESSAGE - LEFT TURN ARROW,
WHITE - PAINT EA 1 89.25$ 89.25$
Page 3
No.Item Unit Est. Quantity Unit Price Total Price
84 15" RCP CL5, STORM SEWER PIPE LF 72 50.00$ 3,600.00$
85
2'X3' CB INCL R-3290VB CSTG & HDPE ADJ
RINGS EA 2 1,605.00$ 3,210.00$
86
4' DIA STORM MH, 8' DP, INCL R-1642B CSTG
& HDPE ADJ RINGS EA 1 3,300.00$ 3,300.00$
87
CONNECT TO EXISTING DRAINAGE
STRUCTURE EA 1 1,500.00$ 1,500.00$
88 STORM DRAIN INLET PROTECTION EA 6 150.00$ 900.00$
89 STABILIZED CONSTRUCTION ENTRANCE TN 100 15.00$ 1,500.00$
90 TOPSOIL BORROW (LV)CY 75 56.00$ 4,200.00$
91 COMPOST GRADE 2 CY 75 27.00$ 2,025.00$
92 FERTILIZER TYRPE 3 LB 75 2.25$ 168.75$
93 SEEDING AC 0.22 5,250.00$ 1,155.00$
94 SEED, 25-131 LB 25 7.35$ 183.75$
95 HYDRAULIC SOIL STABILIZER TYPE 1 SY 1085 4.20$ 4,557.00$
96 DECIDUOUS TREE 2" DIA B & B EA 13 426.00$ 5,538.00$
97 TURF ESTABLISHMENT LS 1 2,625.00$ 2,625.00$
98 TRAFFIC CONTROL LS 1 790.00$ 790.00$
TOTAL PART 3- COMMUNITY CENTER
PARKING LOT 301,700.10$
PART 4 - 140TH ST W DRIVEWAY
RECONSTRUCTION
99 MOBILIZATION LS 1 2,000.00$ 2,000.00$
100 REMOVE CONCRETE CURB AND GUTTER LF 120 15.00$ 1,800.00$
101 REMOVE BITUMINOUS PAVEMENT SY 72 35.00$ 2,520.00$
102 REMOVE BITUMINOUS TRAIL OR DRIVEWAY SY 29 35.00$ 1,015.00$
103 SAW CUT BITUMINOUS PAVEMENT LF 94 1.00$ 94.00$
104 COMMON EXCAVATION CY 5 75.00$ 375.00$
105
AGGREGATE BASE CLASS 5 FOR TRAIL OR
DRIVEWAY TN 25 50.00$ 1,250.00$
106 BITUMINOUS MATERIAL FOR TACK COAT GAL 10 1.00$ 10.00$
107 TYPE SPWEA330B FOR DRIVE, 1 1/2" THICK TN 15 150.00$ 2,250.00$
108 TYPE SPWEA330B FOR TRAIL, 3" THICK TN 7 150.00$ 1,050.00$
109 CONCRETE CURB AND GUTER, DESIGN B618 LF 50 45.00$ 2,250.00$
110 7" CONCRETE VALLEY GUTTER (3')SY 22 81.00$ 1,782.00$
111 PREMIUM TOPSOIL BORROW (LV)CY 2 100.00$ 200.00$
112 SEEDING AC 0.01 10,500.00$ 105.00$
113 SEED, 25-131 LB 1 27.00$ 27.00$
Page 4
No.Item Unit Est. Quantity Unit Price Total Price
114 FERTILIZER, TYPE 3 LB 3 10.50$ 31.50$
115 HYDRAULIC SOIL STABILIZER SY 14 26.25$ 367.50$
116 TURF ESTABLISHMENT LS 1 525.00$ 525.00$
117 TRAFFIC CONTROL LS 1 800.00$ 800.00$
TOTAL PART 4 - 140TH ST W DRIVEWAY
RECONSTRUCTION 18,452.00$
PART 5 - RING ROUTE REPAIRS
118 MOBILIZATION LS 1 3,000.00$ 3,000.00$
119 REMOVE CONCRETE WALK OR DRIVEWAY SF 1525 4.50$ 6,862.50$
120 4" CONCRETE WALK SF 785 8.00$ 6,280.00$
121 4" CONCRETE WALK SPECIAL, COLORED SF 740 17.00$ 12,580.00$
122 TRAFFIC CONTROL LS 1 800.00$ 800.00$
TOTAL PART 5 - RING ROUTE REPAIRS 29,522.50$
PART 6 - MICRO SURFACING AREA STREET
REPAIRS
123 MOBILIZATION LS 1 3,000.00$ 3,000.00$
124 REMOVE CURB AND GUTTER LF 80 13.00$ 1,040.00$
125 REMOVE BITUMINOUS PAVEMENT SY 150 25.00$ 3,750.00$
126 TYPE SPWEA330B WEAR FOR PATCHING TN 40 100.00$ 4,000.00$
127 CONCRETE CURB AND GUTTER, DESIGN D412 LF 80 60.00$ 4,800.00$
128 PREMIUM TOPSOIL BORROW (LV)CY 3 100.00$ 300.00$
129 TRAFFIC CONTROL LS 1 1,575.00$ 1,575.00$
130 SODDING TYPE LAWN SY 20 32.00$ 640.00$
131 FERTILIZER TYPE 3 LB 2 11.00$ 22.00$
132 TURF ESTABLISHMENT LS 1 1,050.00$ 1,050.00$
TOTAL PART 6 - MICRO SURFACING AREA
STREET REPAIRS 20,177.00$
PART 7 - UTILITY PATCHING REPAIRS
133 MOBILIZATION LS 1 3,000.00$ 3,000.00$
134 REMOVE CURB AND GUTTER LF 50 15.00$ 750.00$
135 REMOVE CONCRETE WALK AND DRIVEWAY SF 100 15.00$ 1,500.00$
136 REMOEV BITUMINOUS PAVEMENT SY 250 5.00$ 1,250.00$
137 SAW BITUMINOUS PAVEMENT LF 650 1.00$ 650.00$
138 COMMON EXCAVATION CY 40 20.00$ 800.00$
139 SUBGRADE PREPERATION SY 450 30.00$ 13,500.00$
140
AGGREGATE BASE CLASS 5 FOR TRAIL, WALKS
AND DRIVES TN 50 15.00$ 750.00$
Page 5
No.Item Unit Est. Quantity Unit Price Total Price
141 BITUMINOUS MATERIAL FOR TACK COAT GAL 50 1.00$ 50.00$
142 TYPE SPWEA330B WEAR FOR PATCHING TN 200 100.00$ 20,000.00$
143 5" CONCRETTE SIDEWALK OR DRIVEWAY SF 200 18.00$ 3,600.00$
144 CONCRETE CURB AND GUTTER, DESIGN B618 LF 40 45.00$ 1,800.00$
145 CONCRETE CURB AND GUTTER, DESIGN D412 LF 80 60.00$ 4,800.00$
146 TRAFFIC CONTROL LS 1 1,600.00$ 1,600.00$
TOTAL PART 7 - UTILITY PATCHING REPAIRS 54,050.00$
PART 8 - COBBLESTONE LAKE PARK
IMPROVEMENTS
147 MOBILIZATION LS 1 4,500.00$ 4,500.00$
148 REMOVE CONCRETE CURB AND GUTTER LF 20 25.00$ 500.00$
149 COMMON EXCAVATION FOR PARKING LOT CY 60 25.00$ 1,500.00$
150
COMMON EXCAVATION FOR WALK AND
TRAIL CY 220 25.00$ 5,500.00$
151 SELECT GRANULAR BORROW (CV)CY 860 15.00$ 12,900.00$
152 AGGREGATE BASE CLASS 5 FOR PARKING LOT TN 1140 15.00$ 17,100.00$
153 AGGREGATE BASE CLASS 5 FOR WALK & TRAIL TN 140 19.00$ 2,660.00$
154 TYPE SPNWB330C NON-WEAR, 1 1/2" THICK TN 200 60.00$ 12,000.00$
155 TYPE SPWE A330C WEAR, 1 1/2" THICK TN 200 60.00$ 12,000.00$
156 TYPE SPWEA330C FOR TRAILS, 3" THICK TN 15 100.00$ 1,500.00$
157 BITUMINOUS MATERIAL FOR TACK COAT GAL 107 1.00$ 107.00$
158 CONCRETE CURB AND GUTTER, DESIGN B612 LF 945 11.25$ 10,631.25$
159 5" CONCRETE SIDEWALK SF 2900 4.10$ 11,890.00$
160 PEDESTRIAN CURB RAMP SF 48 9.00$ 432.00$
161 TRUNCATED DOME PANEL SF 12 40.00$ 480.00$
162 24" RC PIPE, CL5, 0-10' DEEP LF 8 70.00$ 560.00$
163 15" RC PIPE CL5, 0-10' DEEP LF 90 50.00$ 4,500.00$
164
2'x3' DRAINAGE STRUCTURE, INCL R-3290VB
CSTG & HDPE ADJ RINGS EA 2 1,890.00$ 3,780.00$
165
4' DIA DRAINAGE STRUCTURE, INCL R-3290VB
CSTG & HDPE ADJ RINGS EA 2 2,940.00$ 5,880.00$
166
4' DIA DRAINGE STRUCTURE, INCL R-1642B
CSTG & HDPE ADJ RINGS EA 1 3,870.00$ 3,870.00$
167 4' DIA DRAINAGE STRUCTURE OVERDEPTH LF 6 220.00$ 1,320.00$
168 4" PERFORATED PE DRAIN TILE LF 160 14.50$ 2,320.00$
169 CONNECT TO DRAINAGE STRUCTURE EA 6 325.00$ 1,950.00$
170 2" NON-METALIC CONDUIT LF 32 6.00$ 192.00$
171 4" SOLID LINE WHITE - PAINT LF 860 0.26$ 223.60$
172
PAVEMENT MESSAGE, HANDICAP SYMBOL,
WHITE - PAINT EA 2 27.00$ 54.00$
173 PAVEMENT MESSAGE, ARROW - WHITE EA 2 50.00$ 100.00$
174
FURNISH AND INSTALL SIGN AND CHANNEL
POST SF 15.25 40.00$ 610.00$
Page 6
No.Item Unit Est. Quantity Unit Price Total Price
175 STORM DRAIN INLET PROTECTION EA 4 150.00$ 600.00$
176 STABILIZED CONSTRUCTION ENTRANCE TN 50 15.00$ 750.00$
177 TOPSOIL BORROW (LV)CY 50 56.00$ 2,800.00$
178 COMPOST GRADE 2 CY 50 27.00$ 1,350.00$
179 FERTILIZER TYPE 3 LB 45 2.10$ 94.50$
180 SEEDING AC 0.15 15,750.00$ 2,362.50$
181 SEED, 25-131 LB 15 7.35$ 110.25$
182 HYDRAULIC SOIL STABILIZER TYPE 1 SY 750 4.20$ 3,150.00$
183 TURF ESTABLISHMENT LS 1 2,100.00$ 2,100.00$
184 TRAFFIC CONTROL LS 1 525.00$ 525.00$
TOTAL PART 8 - COBBLESTONE LAKE PARK
IMPROVEMENTS 132,902.10$
PART 9 - CORTLAND PARK IMPROVEMENTS
185 MOBILIZATION LS 1 3,000.00$ 3,000.00$
186 COMMON EXCAVATION CY 1000 20.00$ 20,000.00$
187 RECONSTRUCT DRAINAGE STRUCTURE LF 7 590.00$ 4,130.00$
188 15" RCP CL5, STORM SEWER PIPE LF 275 40.00$ 11,000.00$
189
4' DIA STORM MH, INCL R-1642B CSTG AND
HDPE ADJ RINGS EA 1 3,415.00$ 3,415.00$
190
4' DIA STORM CBMH, 3' DEEP, INCL R-4342
CSTG AND CONCRETE STOOL EA 1 3,515.00$ 3,515.00$
191
CONNEECT TO EXISTING DRAINAGE
STRUCTURE EA 1 875.00$ 875.00$
192 12" CMP CULVERT LF 64 36.50$ 2,336.00$
193 12" CMP FES EA 4 120.00$ 480.00$
194 4" PERFORATED PE DRAIN TILE LF 170 13.00$ 2,210.00$
195 CLEAN MASONRY SAND CY 225 29.00$ 6,525.00$
196 AGGREGATE BASE CLASS 5 FOR TRAILS SY 900 12.00$ 10,800.00$
197 TYPE SPWEA330B FOR TRAILS, 3" THICK TN 340 55.00$ 18,700.00$
198
TYPE SPWEBE330C NON-WEAR 1 1/2" THICK
FOR COURT TN 25 100.00$ 2,500.00$
199
TYPE SPWEA330C WEAR 1 1/2" THICK FOR
COURT TN 25 100.00$ 2,500.00$
200 BITUMINOUS MATERIAL FOR TACK COAT GAL 35 1.00$ 35.00$
201 CONCRETE CURB AND GUTTER, DESIGN B612 LF 265 21.00$ 5,565.00$
202 SILT FENCE (MS)LF 900 3.75$ 3,375.00$
203 TRAFFIC CONTROL LS 1 525.00$ 525.00$
TOTAL PART 9 - CORTLAND PARK
IMPROVEMENTS 101,486.00$
PART 10 - CEDAR AVENUE GV ADJUSTMENT
204 MOBILIZATION LS 1 2,500.00$ 2,500.00$
205 SAW CUT BITUMINOUS PAVEMENT LF 40 1.00$ 40.00$
Page 7
No.Item Unit Est. Quantity Unit Price Total Price
206 REMOVE BITUMINOUS PAVEMENT SY 4.5 100.00$ 450.00$
207 ADJUST GV BOX EA 1 2,500.00$ 2,500.00$
208 AGGREGATE BASE CLASS 5 TN 10 10.00$ 100.00$
209 TYPE SPWEB440F WEAR 2" THICK TN 3 200.00$ 600.00$
210 TYPE SPNWC430B NON-WEAR 3" THICK TN 4.5 200.00$ 900.00$
211 BITUMINOUS MATERIAL FOR TACK COAT GAL 3 1.00$ 3.00$
212 TRAFFIC CONTROL LS 1 800.00$ 800.00$
TOTAL PART 10 - CEDAR AVENUE GV
ADJUSTMENT 7,893.00$
PART 11 - 125TH ST W DRAINTILE EXTENSION
213 MOBILIZATION LS 1 2,500.00$ 2,500.00$
214 REMOVE BITUMINOUS PAVEMENT SY 80 25.00$ 2,000.00$
215 SAW CUT BITUMINOUS PAVEMENT LF 70 1.00$ 70.00$
216 COMMON EXCAVATION CY 80 30.00$ 2,400.00$
217
CONNECT TO EXISTING DRAINAGE
STRUCTURE EA 1 440.00$ 440.00$
218 CONNECT TO EXISTING DRAINTILE BOX EA 1 75.00$ 75.00$
219 6" PE DRAIN TILE LF 390 15.00$ 5,850.00$
220 4" PE DRAINTILE LF 30 14.00$ 420.00$
221 6"x4" PE WYE EA 3 35.00$ 105.00$
222 4" PE CAP EA 3 17.00$ 51.00$
223 4" CLEANOUT EA 3 200.00$ 600.00$
224
TYPE SPWEA330C WEAR FOR DRIVEWAY, 1
1/2" THICK TN 15 $ 130.00 $ 1,950.00
225 BITUMINOUS MATERIAL FOR TACK COAT GAL 10 1.00$ 10.00$
226 AGGREGATE BASE CLASS 5 TN 20 25.00$ 500.00$
227 PREMIUM TOPSOIL BORROW (LV)TN 50 55.65$ 2,782.50$
228 SOD LAWN TYPE SY 310 6.30$ 1,953.00$
229 TURF ESTABLISHMENT LS 1 2,100.08$ 2,100.08$
230 TRAFFIC CONTROL LS 1 525.02$ 525.02$
TOTAL PART 11 - 125TH ST W DRAINTILE
EXTENSION 24,331.60$
TOTAL PART 1 -TRAIL OVERLAYS (CSAH 38)111,171.20$
TOTAL PART 2 -TRAIL OVERLAYS (CSAH 42)71,772.75$
TOTAL PART 3 - COMMUNITY CENTER
PARKING LOT 301,700.10$
TOTAL PART 4 - 140TH ST W DRIVEWAY
RECONSTRUCTION 18,452.00$
TOTAL PART 5 - RING ROUTE REPAIRS 29,522.50$
Page 8
No.Item Unit Est. Quantity Unit Price Total Price
TOTAL PART 6 - MICRO SURFACING AREA
STREET REPAIRS 20,177.00$
TOTAL PART 7 - UTILITY PATCHING REPAIRS 54,050.00$
TOTAL PART 8 - COBBLESTONE LAKE PARKING
IMPROVEMENTS 132,902.10$
TOTAL PART 9 - CORTLAND PARK
IMPROVEMENTS 101,486.00$
TOTAL PART 10 - CEDAR AVENUE GV
ADJUSTMENT 7,893.00$
TOTAL PART 11 - 125TH ST W DRAINTILE
EXTENSION 24,331.60$
TOTAL BASE BID 873,458.25$
Contractor
Address
Address
Phone
Representative
Title
Bid Bond
Addenda 1
Mike McNamara
President
5.00%
Yes
651-322-5500
16700 Chippendale Ave
Rosemount, MN 55068
McNamara Contracting, Inc
Page 9
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DATE:PROJECT NO.
FIGURE:
2017 STREET IMPROVEMENTS
2017 CAPITAL IMPROVEMENT PROGRAM AREAS
1
2017-105
N
0 250'500'
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DATE:PROJECT NO.
FIGURE:
2017 STREET IMPROVEMENTS
2017 CAPITAL IMPROVEMENT PROGRAM AREAS
3
2017-105
N
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DATE:PROJECT NO.
FIGURE:
2017 STREET IMPROVEMENTS
2017 CAPITAL IMPROVEMENT PROGRAM AREAS
4
2017-105
N
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DATE:PROJECT NO.
FIGURE:
2017 STREET IMPROVEMENTS
2017 CAPITAL IMPROVEMENT PROGRAM AREAS
5
2017-105
N
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DATE:PROJECT NO.
FIGURE:
2017 STREET IMPROVEMENTS
2017 CAPITAL IMPROVEMENT PROGRAM AREAS
6
2017-105
N
0 250'500'
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DATE:PROJECT NO.
FIGURE:
2017 STREET IMPROVEMENTS
2017 CAPITAL IMPROVEMENT PROGRAM AREAS
7
2017-105
N
0 500'1000'
DRIVEWAY ENTRANCE
REPAIRS AT 140TH ST AND
GARDEN VIEW DRIVE
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove J oint P owers A greement with Dakota C ounty f or Cost S hare R elated to P roject 2017-
105, 2017 S treet I mprovements
S taff Contact:
B randon A nderson, City E ngineer
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Approve the J oint Powers Agreement with Dakota County for cost share related to Project
2017-105, subject to final revisions and changes as approved by the C ity Administrator and
City Attorney.
S UM M ARY:
Attached for consideration is a J oint Powers Agreement (J PA) between Dakota County and
the C ity of Apple Valley for cost sharing related to the construction of bituminous trails on
the north side of C ounty State Aid Highway (C SA H) 38 (McAndrew Road) from Highway
77 to C SA H 11, and on the north side of C SA H 42 (150th Street) from C S A H 31 (Pilot
Knob Road) to C S A H 33 as part of Project 2017-105, 2017 Street Improvements.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
T he J PA defines the C ity and C ounty cost share requirements and results in an estimated
County cost contribution of 55% and City of Apple Valley cost share of 45%. T he C ounty
participation is anticipated at $155,000 and the C ity of Apple Valley share is $126,000.
AT TAC HM E NT S:
Agreement
Dakota County Contract Cxxxxxxx
JOINT POWERS AGREEMENT FOR
ENGINEERING AND TRAIL CONSTRUCTION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF APPLE VALLEY
FOR
COUNTY PROJECT NOs. 38-56 and 42-148
CITY PROJECT NUMBER 2017-xxx
SYNOPSIS: Dakota County and the City of Apple Valley agree to overlay the bituminous trails on the
north side of of County State Aid Highway (CSAH) 38 (McAndrew Road) from Highway 77 to CSAH 11
and on the north side of CSAH 42 (150th Street) from CSAH 31 (Pilot Knob Road) to CSAH 33 in Apple
Valley, Dakota County.
Dakota County Contract No. Cxxxxxxx
March 6, 2017
2
THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this
Agreement as the "County", and the City of Apple Valley, referred to in this Agreement as the "City", and
witnesses the following:
WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471.59, subd. 1, t wo governmental
units may enter into an Agreement to cooperatively exercise any power common to the contracting
parties, and one of the participating governmental units may exercise one of its powers on behalf of the
other governmental units; and
WHEREAS, it is considered mutually desirable overlay the bituminous bikeway trails on:
CP 38-56: an overlay of bituminous trail on the north side of County State Aid Highway (CSAH)
38 (McAndrew Road) from Highway 77 to CSAH 11,
42-148: an overlay of bituminous trail on the north side of CSAH 42 (150th Street) from CSAH 31
(Pilot Knob Road) to CSAH 33; and
WHEREAS, the County and the City have included these projects in their Capital Improvement Programs
to share project responsibilities.
NOW, THEREFORE, it is agreed the County and City will share project responsibilities and jointly
participate in the project costs associated with constructing the bituminous trails as described in the
following sections:
1. Engineering Costs. The costs related to design engineering, construction engineering,
construction management, construction inspection and all related materials testing shall be shared in the
amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City. See Section 2
for assignment of engineering and administrative responsibilities.
2. Plans, Specifications and Award of Contract. The City will prepare plans and specifications
consistent with County design practices, State-Aid design standards, the Dakota County Transportation
Plan, and the City’s utility standards and specifications. County concurrence with the plans and
specifications is required prior to advertising for bids. The City Council will award the contract for
construction of the bituminous trail to the lowest responsive and responsible bidder in accordance with
state law.
3. Bituminous Bikeway Trail Overlay Costs. Construction costs for the following items shall be
shared in the amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City.
Cost sharing includes all trail/highway overlay items; replacement or restoration of sidewalks, landscaping
and driveways when affected by construction; replacement or adjustment of water and storm sewer
systems, if required due to construction; relocating or adjusting privately owned utilities when not
performed at the expense of the utility; replacement of roadway lighting, and all other construction
Dakota County Contract No. Cxxxxxxx
March 6, 2017
3
aspects outlined in the plan except for elements as called out under this agreement or the current Dakota
County Transportation Plan.
4. Project Cost Updates. The City will provide updated cost estimates to the County showing the
City and County shares of Project costs annually at the time of Capital Improvement Program
development. Updated cost estimates will also be provided by the City to the County at the following
times:
• prior to advertising a construction contract,
• after bid opening (prior to contract award),
• during construction if total contract changes exceed $25,000,
• once per year following the construction season until the Project is complet e.
Project cost estimate updates include actual and estimated costs for engineering, utility relocation, and
construction. The Parties acknowledge that Project cost estimates are subject to numerous variables
causing the estimates to be subject to change and the updates are provided for informational purposes in
good faith. Each agency is responsible for informing their respective councils or boards regarding Project
costs. It is estimated that the cost of overlaying the bituminous trails, including engi neering costs as
defined in Section 1, are as follows: Cost Share:
CP 38-56: CSAH 38/McAndrew bituminous trail overlay Cost Share: City $78,000 (45%), County
$95,000 (55%), Total $173,000
42-148: CSAH 42/150th Street bituminous trail overlay Cost Share: City $48,000 (45%), County
$60,000 (55%), Total $108,000
5. Maintenance and Operation. The trail maintenance and operation shall be in accordance with the
Maintenance Agreement for County Bikeway Trails governing trail maintenance and operation.
6. Payment. The City will act as the paying agent for all payments to the Contractor. Payments to
the contractor will be made as the Project work progresses and when certified by the City Engineer.
Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse
the invoicing agency for its share of the costs incurred under this agreement within 30 days from the
presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the
remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts
in question.
Dakota County Contract No. Cxxxxxxx
March 6, 2017
4
7. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements
that affect the project cost participation must be approved by both the City and County prior to execution
of work.
8. Amendments. Any amendment to this Agreement will be effective only after approval by both
governing bodies and execution of a written amendment document by duly authorized officials of each
body.
9. Effective Dates for Design and Construction of Project. This Agreement will be effective upon
execution by duly authorized officials of each governing body and shall continue in effect until all work to
be carried out in accordance with this Agreement has been completed. Absent an amendment, however,
in no event will this Agreement continue in effect after December 31, 2018.
10. Rules and Regulations. The County and the City shall abide by Minnesota Department of
Transportation standard specifications, rules and contract administration procedures, and State statut es
as applicable to carrying out the work contemplated in this Agreement unless amended by the contract
specifications.
11. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any
and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and
caused by or resulting from negligent acts or omissions of the County and/or those of County employees
or agents. The City agrees to defend, indemnify, and hold harmless the County agai nst any and all
claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by
or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All
parties to this agreement recognize that liability for any claims arising under this Agreement are subject to
the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the
event of any claims or actions filed against either party, nothing in this a greement shall be construed to
allow a claimant to obtain separate judgments or separate liability caps from the individual parties.
12. Employees of Parties. Any and all persons engaged in the work to be performed by the County
shall not be considered employees of the City and any and all claims that may or might arise out of said
employment context on behalf of said employees while so engaged, and any and all claims made by any
third party as a consequence of any act or omission on the part of said em ployees while so engaged on
any of the work contemplated herein shall not be the obligation or responsibility of the City. Any and all
persons engaged in the work to be performed by the City shall not be considered employees of the
County for any purpose, including Worker’s Compensation, or any and all claims that may or might arise
out of said employment context on behalf of said employee while so engaged. Any and all claims made
by any third party as a consequence of any act or omissions of the part of the City’s employees while so
engaged on any of the work contemplated herein shall not be the obligation or responsibility of the
County.
Dakota County Contract No. Cxxxxxxx
March 6, 2017
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13. Audit. Pursuant to Minn. Stat. Sec. 16C.05, Subd. 5, any books, records, documents, and
accounting procedures and practices of the County and the City relevant to the Agreement are subject to
examination by the County, the City, and either the Legislative Auditor or the State Auditor as appropriate.
The County and the City agree to maintain these records for a period of six years from the date of
performance of all services covered under this Agreement.
14. Integration and Continuing Effect. The entire and integrated agreement of the parties contained
in this Agreement shall supersede all prior negotiations, representations or agreements between the
County and the City regarding the project; whether written or oral. All agreements for future maintenance
or cost responsibilities shall survive and continue in full force and effect after completion of the projects
provided for in this Agreement.
15, Authorized Representatives. The authorized representatives for the purpose of the administration
of this Agreement are:
Mark Krebsbach (or successor)
Dakota County Transportation Director/County Engineer
14955 Galaxie Avenue
Apple Valley, MN. 55124
(952) 891-7100
Matt Saam (or successor)
Public Works Director
City of Apple Valley
7100 147th Street West
Apple Valley, MN. 55124
(952) 953-2700
All notices or communications required or permitted by this Agreement shall be either hand delivered or
mailed by certified mail, return receipt requested, to the above addresses. Either party may change its
address by written notice to the other party. Mailed notice shall be deemed complete two business days
after days after the date of mailing.
Dakota County Contract No. Cxxxxxxx
March 6, 2017
6
[SIGNATURE PAGE TO FOLLOW]
N:\Highway\Agreements\2017\TRAILS 2017 AV Cxxxxxxx.docx
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized
officials.
CITY OF APPLE VALLEY
RECOMMENDED FOR APPROVAL:
By
Public Works Director Mayor
(SEAL)
By
City Clerk
Date
----------------------------------------------------------------------------------------------------------------------------
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By
County Engineer Physical Development Director
Date:
APPROVED AS TO FORM:
Assistant County Attorney Date
K_______________
COUNTY BOARD RESOLUTION
No. 17-xxx Date: March 7, 2016
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Avolve S oftware Corporation for Building I nspections Plan Review
S oftware
S taff Contact:
Matt Saam, P ublic Works Director
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Approve agreement with Avolve Software C orporation for Building Inspections plan review
software.
S UM M ARY:
Attached for your consideration is an agreement with Avolve Software C orporation for
building construction plan review software. T his software will allow the Building Inspections
division of the Public Works Department to:
accept digital construction plans;
complete the entire plan review process within the digital software environment, paper
free; and
provide customers the capability to download and apply for permits from their own
home/business.
T he agreement is a 5-year subscription for the software program, an unlimited number of
users, and web training for staff. Following the initial 5-year period, an on-going maintenance
fee would be required to continue the program.
B AC K G RO UND :
A 2017 goal for the Building Inspections division is the implementation of digital plan review
software. C ity staff worked with other LO G IS cities to vet and demo various plan review
software programs. T he group as a whole recommended the Avolve software program.
B UD G E T I M PAC T:
T here are two payment options for the software.
1. A one-time payment of $106,216.22 for a 5 year subscription (plus $3,500.00 for
optional training and up to $1,000 for onsite training).
2. An annual payment of $25,211.98 for 5 years (plus $3,500.00 for optional training and
up to $1,000 for on-site training in the first year).
T he 2017/18 budget contemplated this project to be paid over 5 years. T he 2017 budget
included $40,000.00, and $25,000.00 was noted for 2018. T h e proposal for a one-time
payment results in a $19,843.00 savings over an annual payment for 5 years.
Staff is recommending the one-time payment. Funding would come from the additional
revenues realized in 2017 which will be sufficient to cover the added cost. T his expense
would be included in an upcoming 2017 budget amendment.
AT TAC HM E NT S:
Agreement
Customer Sales Order and Agreement (02092017) Page 1 of 19
AVOLVE SOFTWARE SALES ORDER
Traditional On-Premises Licensee
After signing this Avolve Software Order From (“Software Sales Order”), please either mail or fax to Avolve
Software Corporation, 4835 E. Cactus Road, Suite 420, Scottsdale, Arizona 85254, Fax: TBD, or e-mail scanned
image to TBD@avolvesoftware.com
Order Date: 3/17/2017
CUSTOMER INFORMATION
Customer Name: Apple Valley, MN
Customer Mailing
Address:
7100 147th Street W
City: Apple Valley State: MN Zip: 55124
CUSTOMER CONTACTS
PRIMARY SECONDARY
Name: George Dorn
Phone: 952-953-2581
E-mail: gdorn@ci.apple-valley.mn.us
Name:
Phone:
E-mail:
Licenses and Services Fees*
ProjectDox License
Implementation Services
Other Professional Services
Maintenance Services
Total Fees: $ 0.00
Total Fees Invoiced on Signing: $ 0.00
* See Quote/Pricing and/or relevant Schedules for details concerning fees. Fees do not include applicable sales,
withholdings or value-added taxes. All fees are in United States Dollars.
Authorized Business Unit(s): ______City of Apple Valley, MN_______________
Initial Maintenance Term (if applicable): 60 months, calculated from the Go Live Date#.
Initial Hosting Services Term (if applicable): NA - months, calculated from ________________
License Term (if applicable): [5 Years]
Payment Method: EFT
#”Go Live Date” is defined as the date that the Software is first made available by Avolve to the Customer to release
and use in a live, production mode.
Customer Sales Order and Agreement (02092017) Page 2 of 19
Schedules: The following Schedules are hereby incorporated by reference into this Software Sales Order.
Schedule A General Terms and Conditions
Signature
IN WITNESS WHEREOF, the parties hereto, each by a duly authorized representative, have executed this Software
Sales Order as of the Order Date first set forth above:
Customer: City of Apple Valley Avolve Software Corporation
Signature: Signature:
Printed: Mary Hamann-Roland Printed:
Title: Mayor Title:
Date: Date:
Customer Sales Order and Agreement (02092017) Page 3 of 19
PURCHASER INFORMATION
George Dorn Building Official City of Apple Valley, MN
7100 147th Street W gdorn@ci.apple-valley.mn.us (952) 953-2581
Apple Valley, MN 55124
Date of Quotation: 2/14/2016 Quotation Valid Until: 3/31/2017
Solution Pricing
Product Name Qty Unit Type Package Price
ProjectDox (Base)
• Hosted by LOGIS
• Best In Class Building Workflow
• Unlimited Users, Standard Maint
1 Each
$109,716.22
System Setup and Configuration
• Includes User Acceptance Testing
1 Each
Onsite Training Courses
• Introduction to ProjectDox
• Project Administration
• Marking up in ProjectDox
• Approval Process Training for
Administrators and Coordinators
• Approval Process Training for
Internal End-Users
• Up to two days on-site. Travel costs
not included and will be billed
separately. Travel costs will not
exceed $500 per day. Avolve will
work with the City to combine travel
trips of trainer with State of Minn,
Shakopee & Maple Grove trainings
where applicable to lower costs for
Apple Valley
• System Administrator Training
This Training and Educational
Services course is an instructor lead
mixture of lecture, demonstration
and hands-on lab to practice newly
acquired skills.
1 Each
Customer Sales Order and Agreement (02092017) Page 4 of 19
Total
$109,716.22
Specific Terms and Conditions:
1. Pricing will expire 3/31/17
2. LOGIS will be responsible for Support Pertaining to Servers/Infrastructure.
3. LOGIS will be responsible for PIMS Integration
4. Additional configuration available and will require a Discovery
To be invoiced upon customer signature to LOGIS. Payment is due 30 days from date of invoice. 1.5% service
charge per month will be applied after 30 days of invoice date (18% per annum). Travel and Expenses are not
included in this total.
Schedule A – General Terms and Conditions
SOFTWARE LICENSE AND SUPPORT AGREEMENT
General Terms and Conditions (GTCs)
1. DEFINITIONS.
1.1 “Add-on” means any custom application code authorized to be developed using Avolve APIs as set forth in
the documentation accompanying such API and these GTCs.
1.2 “Agreement” means these GTCs, the Software Sales Order, the SOW or other agreement referencing these
GTCs. All such components are integral to the agreement, and collectively are referred to herein as the
“Agreement”.
Customer Sales Order and Agreement (02092017) Page 5 of 19
1.3 “API” means Avolve’s application programming interfaces, as well as other Avolve code and database
elements that allow other software products to communicate with or call on Avolve Software provided under this
Agreement.
1.4 “Avolve Materials” means any software, programs, tools, systems, data, or other materials made available
by Avolve to Licensee in the course of the performance under this Agreement including, but not limited to, the API,
Software and Documentation, as well as any information, materials or feedback provided by Licensee to Avolve
relating to the Software and Documentation.
1.5 “Avolve Support” means the support set forth in Exhibit A to these GTCs, and may be purchased for an
additional fee. Avolve has no obligation to provide any Avolve Support and, in particular, no Avolve Support
(including no bug fixes or updates) will be available after the end of life of the applicable Software version. Avolve
reserves the right to provide some or all Avolve Support from locations, and/or through use of third party
providers, located worldwide.
1.6 “Business Unit” means a logical element, or segment, of the Licensee representing a specific business
function, as existing on the effective date of the license grant. Business Units may be referred to as a department,
group, division or functional area.
1.7 “Confidential Information” means, with respect to Avolve, all information which Avolve protects against
unrestricted disclosure to others, including but not limited to: (a) the Software and Documentation and other
Avolve Materials, including without limitation the following information regarding the Software: (i) computer
software (object and source codes), programming techniques and programming concepts, methods of processing,
system designs embodied in the Software; (ii) benchmark results, manuals, program listings, data structures, flow
charts, logic diagrams, functional specifications, file formats; and (iii) discoveries, inventions, concepts, designs,
flow charts, documentation, product specifications, application program interface specifications, techniques and
processes relating to the Software; (b) the research and development or investigations of Avolve; (c) product
offerings, content partners, product pricing, product availability, technical drawings, algorithms, processes, ideas,
techniques, formulas, data, schematics, trade secrets, know-how, improvements, marketing plans, forecasts and
strategies; and (d) any information about or concerning any third party (which information was provided to Avolve
subject to an applicable confidentiality obligation to such third party). With respect to Licensee, “Confidential
Information” means all information which Licensee protects against unrestricted disclosure to others and which (i)
if in tangible form, Licensee clearly identifies as confidential or proprietary at the time of disclosure; and (ii) if in
intangible form (including disclosure made orally or visually), Licensee identifies as confidential at the time of
disclosure, summarizes the Confidential Information in writing, and delivers such summary within thirty (30)
calendar days of any such disclosure.
1.8 “Documentation” means Avolve’s standard end user documentation which is delivered or made available
to Licensee with the Software under this Agreement.
1.9 “Intellectual Property Rights” means patents of any type, design rights, utility models or other similar
invention rights, copyrights, mask work rights, trade secret or confidentiality rights, trademarks, trade names and
service marks and any other intangible property rights, including applications and registrations for any of the
foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected,
now existing or hereafter filed, issued, or acquired.
1.10 “Licensee” means the specific legal entity set forth on the Software Sales Order.
1.11 “License Term” means the time period that the Software is licensed to Licensee, as specified on the
Software Sales Order.
1.12 “ProjectDox® Instance” means Avolve’s proprietary core application and software framework for enhanced
electronic plan submission, and review and collaboration built upon a multi-tier cluster hardware architecture
consisting of web server(s), application server(s), and job processor(s) that supports the processing of the API.
Customer Sales Order and Agreement (02092017) Page 6 of 19
1.13 “Software” means (i) the API, ProjectDox® Instances and/or other software licensed to Licensee under this
Agreement as specified on the applicable Software Sales Orders, as developed by or for Avolve and delivered to
Licensee hereunder; (ii) any new releases thereof made available to Licensee as part of Avolve Support and (iii) any
complete or partial copies of any of the foregoing.
1.14 “Software Sales Order” means the sales order, sales agreement, purchase order or like conveyance
document for the Software, related Avolve Support and/or other services ordered by Licensee thereunder. If
Licensee is purchasing directly from Avolve, then the Software Sales Order will be between Avolve and Licensee. If
Licensee is purchasing through an authorized Avolve reseller, then the Sales Order will be between Licensee and
the Authorized Reseller.
1.15 “SOW” means those statements-of-work which Licensee may enter into from time-to-time for professional
services to be provided by Avolve on terms mutually agreed to in writing in the SOW, including, without limitation,
scope of services, expected deliverables, milestone dates, acceptance procedures and criteria, fees and other such
matters. No SOW shall be binding until executed by both parties. Unless expressly stated otherwise in a SOW, all
fees are in United States dollars. SOWs may be entered into directly between Avolve and Licensee or may be
executed between Licensee and an authorized Avolve reseller, but in either case, the professional services
provided thereunder shall be provided by Avolve unless expressly stated otherwise in the SOW.
1.16 “Territory” means the world except for those countries prohibited by United States’ export laws, and
further subject to Section 12.4 of the GTC.
1.17 “Use” means to activate the processing capabilities of the Software, load, execute, access, employ the
Software, or display information resulting from such capabilities.
1.18 “User” means authorized Licensee employees and third parties that require access to the Software in
connection with Licensee’s internal business operations, such as Licensee’s administrators, contractors, reviewers,
and applicants.
2. SOFTWARE AND SERVICES.
2.1 License.
2.1.1 Software. Subject to Licensee’s compliance with all the terms and conditions of this Agreement and
prompt payment of all fees owed for use of the Software, Documentation and other Avolve Materials, Avolve
grants to Licensee a non-exclusive, non-transferable, non-sublicensable (except for the limited right to allow Users
to Use set forth in this Section 2.1.1) license during the License Term to Use the Software, Documentation, and
other Avolve Materials to run Licensee’s internal business operations and to provide internal training and testing
for such internal business operations, solely for the specific Business Unit(s) as further set forth in the Software
Sales Order. Should Licensee desire to reorganize any such Business Unit, it shall provide Avolve written notice as
soon as possible following the determination of reorganization, so that Avolve may review the planned
reorganization to determine if it is consistent with the Business Unit limitation in this license grant and, if not, what
additional fees will be required due to Licensee’s reorganization to include additional Business Units.
2.1.2 Restrictions. Licensee will, and will ensure that its Users, only use the Software in accordance with the
Documentation. Licensee will not, and will ensure that its Users do not: (i) copy or duplicate the Software in excess
of the number of licenses purchased (for production use) or otherwise authorized under this Agreement (for non-
production use); (ii) use the Avolve Materials to provide services to third parties (e.g., business process
outsourcing, service bureau applications or third party training); (ii) assign, sublicense, sell, lease, loan, resell,
sublicense or otherwise distribute or transfer or convey the Avolve Materials, or pledge as security or otherwise
encumber Licensee’s rights under this Agreement; (iii) make any Use of or perform any acts with respect to the
Avolve Materials other than as expressly permitted in accordance with the terms of this Agreement; or (iv) use
Software components other than those specifically identified in the Software Sales Order and then only as part of
the Software as a whole, even if it is also technically possible for Licensee to access other Software components; or
Customer Sales Order and Agreement (02092017) Page 7 of 19
(v) modify, further develop or create any derivative works of, disassemble, decompile, reverse engineer or
otherwise attempt to obtain or perceive the source code from which any part of the Software is compiled or
interpreted, or access or use the Software in order to build a similar or competitive product or service; (vi)
distribute the Software in any form other than the form delivered by Avolve to License or otherwise permitted
under this Agreement; or (vii) publish any results of benchmark tests run on the Software. License acknowledges
that nothing herein will be construed to grant Licensee any right to obtain or use the source code. Licensee
acknowledges that the Software may contain self-reporting technology by which Avolve may receive information
deemed relevant by Avolve to providing Avolve Support, improving the Avolve Materials, monitoring compliance,
and any other purposes as determined by Avolve in its reasonable discretion. Licensee shall not tamper with or
attempt to disable such self-reporting technology. Licensee agrees to take all commercially reasonable steps to
ensure that Users abide by the terms of this Agreement and expressly agrees to indemnify Avolve, its officers,
employees, agents and subcontractors from and against all claims, liabilities, losses, damages and costs (including
reasonable attorney fees) suffered by Avolve arising from a breach by the User of the conditions of this
Agreement.
2.1.3 High-Risk Activities. The Software is not fault-tolerant and is not designed, manufactured, or intended for
use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in
the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life
support machines or weapons systems, in which the failure of the Software or derived binaries could lead directly
to death, personal injury, or severe physical or environmental damage (collectively, “High Risk Activities”).
Licensee shall not use the Software for any High Risk Activities.
2.1.4 Third Party Components. The Software and its component parts are protected by copyright and other
propriety rights of Avolve and one or more third party software vendors (including Open Text Corporation (“OTC”)
(all such third party vendors, including without limitation Oracle and OTC, shall be referred to herein as “third
party vendors” or “third party software vendors”). Licensee may be held directly responsible by such third party
vendors for acts relating to the Software component parts that are not authorized by this Agreement. Licensee’s
use of such third party software is limited to only in conjunction with the Software and Licensee acknowledges that
it is not allowed to modify such third party software or use it independent from the Software. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE LICENSEE WAIVES, AND WILL CAUSE ITS USERS TO WAIVE, ALL CLAIMS AND
CAUSES OF ACTION AGAINST SUCH THIRD PARTY SOFTWARE VENDORS THAT ARISE UNDER THIS AGREEMENT.
2.1.5 Copies. Licensee may make one copy of the Software for back-up/archival purposes only, if the copy
contains all of the original Software’s proprietary notices. For the avoidance of any doubt, unless expressly set
forth otherwise in the applicable Software Sales Order, such additional copy may not be run concurrently, either in
production mode to increase performance or in a non-production mode for testing, development or any other
purpose. Should Licensee desire to run additional copies of the Software concurrently, additional license rights
must be purchased by Licensee.
2.1.6 Ownership. Licensee acknowledges and agrees that Licensor owns all right, title, and interest in and to
all intellectual property rights (including all derivatives or improvements thereof) in the Software and any
suggestions, enhancements requests, feedback, recommendations or other information provided by Licensee or
any of its Users related to the Software. Licensee’s rights in the Software, updates (provided Licensee has
purchased Avolve Support), and the related materials supplied by the Licensor pursuant to this Agreement are
strictly limited to the right to use the proprietary rights in accordance with the terms of this Agreement. No right
of ownership, expressed or implied, is granted under this Agreement.
2.1.7 API Use. Provided that Licensee has been authorized by Licensee in writing to build Add-Ons (which
authorization may be withdrawn by Avolve at any time upon written notice to Licensee), Licensee may use the API
to create custom Add-Ons solely as set forth in Section 6 below. While Avolve currently does not charge for use of
the API, Avolve reserves the right to charge a fee for the use of the API in the future. Should Avolve implement a
fee for the API, prior written notice will be given to Customers who are currently using the API.
Customer Sales Order and Agreement (02092017) Page 8 of 19
2.1.8 Approved Hardware. Licensee agrees to install the Software only on information technology devices (e.g.
servers, hard disks, central processing units or other hardware) identified by Licensee pursuant to this Agreement
and that has been previously approved by Avolve in writing or otherwise officially made known to the public by
Avolve as appropriate for Use or interoperation with the Software (the “Designated Unit”).
2.2 Outsourcing Services. With Avolve’s prior written consent, Licensee may permit services providers to
access the Software solely for the purpose of providing facility, implementation, systems, application management
or disaster recovery services to Licensee in connection with the business of Licensee for which the Software is
herein licensed. Licensee agrees to be responsible to Avolve for the conduct of Licensee’s services providers to the
same extent that Licensee is responsible to Avolve hereunder for the conduct of Licensee’s employees.
2.3 Services. Avolve may provide Avolve Support or other professional services from time to time as mutually
agreed upon by the parties from time to time in a Software Sales Order and/or SOW.
3. VERIFICATION. Avolve shall be permitted to audit (at least once annually and in accordance with Avolve
standard procedures, which may include on-site and/or remote audit) the usage of the Avolve Materials. Licensee
shall cooperate reasonably in the conduct of such audits. In the event an audit reveals that (i) Licensee underpaid
license fees and/or Avolve Support fees to Avolve and/or (ii) that Licensee has Used the Software in excess of the
license quantities or levels stated in the Software Sales Order, Licensee shall pay such underpaid fees and/or for
such excess usage based on Avolve List of Prices and Conditions Software and Support governing use in effect at
the time of the audit, and shall execute an additional Software Sales Order in accordance with the terms of this
Agreement to affect the required licensing of any additional quantities or levels. Reasonable costs of Avolve’s
audit shall be paid by Licensee if the audit results indicate usage in excess of the licensed quantities or levels.
Avolve reserves all rights at law and equity with respect to both Licensee’s underpayment of License fees or Avolve
Support fees and usage in excess of the license quantities or levels.
4. PRICE, PAYMENT, AND DELIVERY.
4.1 Fees. Licensee shall pay to Avolve (if purchasing directly from Avolve) or to Avolve’s authorized resller (if
purchasing through a reseller) license fees for the Software and fees for Avolve Support as set forth on the
Software Sales Order(s) hereto. In addition, if Licensee purchases any professional service fees from Avolve,
Licensee shall pay to Avolve the fees set forth on any SOWs. All fees, unless expressly stated otherwise on the
applicable Software Sales Order, shall be in United States dollars. For fees owed to Avovle, any fees not paid when
due shall, which unless otherwise specified in the applicable Software Sales Order or SOW will be thirty (30)
calendar days from invoice, accrue interest at the rate of 18% (eighteen percent) per annum, but not to exceed the
maximum amount as allowed by law. All fees to be paid to Avolve are due in advance, irrevocable and non-
refundable (except as expressly set forth otherwise in this Agreement). Licensee agrees to provide Avolve with
complete and accurate billing and contact information.
4.2 Taxes. Fees and other charges described in this Agreement do not include federal, state or local sales,
foreign withholding, use, property, excise, service, or similar transaction taxes (“Tax(es)”) now or hereafter levied,
all of which shall be for Licensee’s account. Any applicable direct pay permits or valid tax-exempt certificates must
be provided to Avolve prior to the execution of this Agreement. If Avolve is required to pay Taxes, Licensee shall
reimburse Avolve for such amounts. Licensee hereby agrees to indemnify Avolve for any Taxes and related costs,
interest and penalties paid or payable by Avolve.
4.3 Delivery of the Software; Installation. Avolve will deliver the Software either by making it available for
electronic download or by physical delivery of media to Licensee. Risk of loss passes at the time of such electronic
or physical delivery. Licensee agrees and understands that the calculation of Taxes may be affected by the delivery
method and delivery location of the Software and corresponding Avolve Support. Licensee agrees to promptly,
following initial delivery of the Software, but in all cases within ninety (90) days, to provide Avolve with reasonable
access to Licensee’s facilities and systems in order for Avolve to initially install the Software. Unless agreed to in
writing by Avolve, Licensee understands that it is not authorized to conduct the initial installation of the Software.
For the avoidance of any doubt, all installation services are professional services provided by Avolve under a SOW.
Customer Sales Order and Agreement (02092017) Page 9 of 19
5. TERM.
5.1 Term. Except as set forth otherwise in Section 5.3 below or if terminated earlier in accordance with this
Section 5, this Agreement shall commence on the Effective Date and shall continue for the longer of either (a) the
expiration of the License Terms set forth on all the Software Sales Order or (b) the completion of all professional
services under all SOWs.
5.2 Termination. In addition to any termination rights that may be set forth in a specific Software Sales Order
or SOW, either party may terminate this Agreement immediately upon written notice in the event that the other
party materially breaches this Agreement and thereafter has failed to cure such material breach (or commenced
diligent efforts to cure such breach that are reasonably acceptable to the terminating party) within thirty (30) days
after receiving written notice thereof.
5.3 End of Term Duties. Upon any termination of the Agreement hereunder (which would terminate all
existing License Terms and SOWs), (a) Licensee and its Users shall immediately cease Use of all Avolve Materials
and Confidential Information and (b) Avolve shall immediately cease all professional services. Within thirty (30)
days after any termination, Licensee shall irretrievably destroy or upon Avolve’s request deliver to Avolve all copies
of the Avolve Materials and Confidential Information in every form, except to the extent it is legally required to
keep it for a longer period in which case such return or destruction shall occur at the end of such period. Licensee
must certify to Avolve in writing that it has satisfied its obligations under this Section 5.3. Sections 2.1.4, 2.1.6, 3,
4.1, 4.2, 5, 6.1, 8 - 10, 12.1 - 12.3, 12.5, 12.6, and 12.8-12.11 shall survive such termination. In the event of any
termination hereunder, Licensee shall not be entitled to any refund of any payments made by Licensee.
Termination shall not relieve Licensee from its obligation to pay fees that remain unpaid.
6. Add-Ons.
6.1 Conditioned on Licensee’s compliance with the terms and conditions of this Agreement, Licensee may
make Add-ons to the Software in furtherance of its permitted Use under this Agreement, and shall be permitted to
use Add-ons with the Software in accordance with the License grant to the Software set forth in Section 2.1.1
herein. All Add-ons developed by Avolve (either independently or jointly with Licensee or other third parties) and
all rights associated therewith shall be the exclusive property of Avolve. Licensee agrees to execute those
documents reasonably necessary to secure Avolve’s rights in the foregoing. All Add-ons developed by or on behalf
of Licensee without Avolve’s participation (“Licensee Add-on”), and all rights associated therewith, shall be the
exclusive property of Licensee subject to Avolve’s rights in and to the Software; provided, Licensee shall not
commercialize, market, distribute, license, sublicense, transfer, assign or otherwise alienate any such Licensee
Add-ons. Avolve retains the right to independently develop its own Add-ons to the Software, and Licensee agrees
not to take any action that would limit Avolve’s sale, assignment, licensing or use of its own Software or Add-ons
thereto.
6.2 Any Licensee Add-on must not (and subject to other limitations set forth herein): enable the bypassing or
circumventing any of the restrictions set forth in this Agreement and/or provide Licensee with access to the
Software to which Licensee is not directly licensed; nor permit mass data extraction from Software to any non-
Avolve software, including use, modification saving or other processing of data in the non-Avolve software; nor
unreasonably impair, degrade or reduce the performance or security of the Software; nor render or provide any
information concerning Avolve software license terms, Software, or any other information related to Avolve
products.
6.3 Add-ons are excluded from Avolve Support. Licensee may purchase support from Avolve for Add-ons as
professional services under an SOW.
7. WARRANTY.
7.1 Warranty. Avolve warrants that the Software will substantially conform to the specifications contained in
the Documentation for thirty (30) days following the Go Live Date. The warranty shall not apply: (i) if the Software
Customer Sales Order and Agreement (02092017) Page 10 of 19
is not used in accordance with the Documentation; (ii) not initially installed within the time period set forth in
Section 4.3 above, unless such failure to timely install is due solely to the fault of Avolve; or (iii) if the defect is
caused by an Add-on (other than an Add-on made solely by Avolve and which is provided through Avolve Support
or under warranty), Licensee or third-party software. Avolve does not warrant that the Software will operate
uninterrupted or that it will be free from minor defects or errors that do not materially affect such performance, or
that the applications contained in the Software are designed to meet all of Licensee’s business requirements.
Provided Licensee notifies Avolve in writing with a specific description of the Software’s nonconformance within
the warranty period and Avolve validates the existence of such nonconformance, Avolve will, at its option: a)
repair or replace the nonconforming Software, or b) refund the license fees paid for the applicable nonconforming
Software in exchange for a return of such nonconforming Software. THIS IS LICENSEE’S SOLE AND EXCLUSIVE
REMEDY UNDER THIS WARRANTY.
7.2 Express Disclaimer. AVOLVE AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES STATUTORY, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. INDEMNIFICATION.
8.1 General. When Avolve Support or other service are provided on Licensee’s premises or at another location
designated by Licensee, each party will indemnify, defend and hold harmless the other party, its officers, directors,
employees, agents and affiliates from and against any claims, demands, loss, damage or expense, including
reasonable attorney’s fees, (collectively, “Claims”) relating to bodily injury or death of any person or damage to
tangible personal property occurring at such location in connection with the performance of the Avolve Support or
other services to the extent proximately caused by the gross negligence or willful acts or omissions of the
indemnifying party, its officers, directors, employees, agents and affiliates.
8.2 Infringement. If a third party makes a claim against the Licensee that any Use of the Software in
accordance with the terms of this Agreement infringes such third party’s intellectual property rights, Avolve, at its
sole cost and expense, will defend Licensee against the claim and indemnify Licensee from the damages, losses,
liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement
agreed to by Avolve, provided that Licensee: (i) notifies Avolve promptly in writing of the claim; (ii) gives Avolve
sole control of the defense and any settlement negotiations; and (iii) gives Avolve reasonable assistance in the
defense of such claim. If Avolve believes or it is determined that the Software has violated a third party’s
intellectual property rights, Avolve may choose to either modify the Software to be non-infringing or obtain a
license to allow for continued use, or if these alternatives are not commercially reasonable, Avolve may terminate
Licensee’s use rights and refund any unused, prepaid fees Licensee may have paid to Avolve. Avolve will not
indemnify the Licensee to the extent that the alleged infringement arises from (1) the combination, operation, or
use of the Software with products, services, information, materials, technologies, business methods or processes
not furnished by Avolve (including without limitation use on other than a Designated Unit); (2) modifications to the
Software, which modifications are not made by Avolve; (3) failure to use updates to the Software provided by
Avolve; or (4) use of Software except in accordance with any applicable user documentation or specifications.
8.3 THE PROVISIONS OF THIS SECTION 8 STATE THE SOLE, EXCLUSIVE, AND ENTIRE LIABILITY OF AVOLVE AND
ITS LICENSORS TO LICENSEE, AND IS LICENSEE’S SOLE REMEDY, WITH RESPECT TO THE INFRINGEMENT OR
MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS.
9. LIMITATIONS OF LIABILITY.
In no event will Avolve or its licensors be liable for special, indirect, incidental, consequential, or exemplary
damages, including, without limitation, legal fees and any damages resulting from loss of use, loss of profits, loss of
data, interruption of business activities, or failure to realize savings arising out of or in connection with this
Agreement, including without limitation supply, use or performance of the Software and the provision of the
Avolve Support and other services. Except for direct damages and expenses associated with Avolve’s obligation to
indemnify Licensee pursuant to Section 8.2, Avolve’s aggregate, cumulative liability for damages and expenses
Customer Sales Order and Agreement (02092017) Page 11 of 19
arising out of this Agreement, whether based on a theory of contract or tort, including negligence and strict
liability, will be limited to the amount of fees receive by Avolve under this Agreement. Such fees reflect and are
set in reliance upon this limitation of liability. The limited remedies set forth in this Agreement shall apply
notwithstanding the failure of their essential purpose.
10. CONFIDENTIALITY.
10.1 Use of Confidential Information. Confidential Information shall not be reproduced in any form except as
required to accomplish the intent of this Agreement. Any reproduction of any Confidential Information of the
other shall remain the property of the disclosing party and shall contain any and all confidential or proprietary
notices or legends which appear on the original. With respect to the Confidential Information of the other, each
party: (a) shall take commercially reasonable steps to keep all Confidential Information strictly confidential; and (b)
shall not disclose any Confidential Information of the other to any person other than its bona fide individuals
whose access is necessary to enable it to exercise its rights hereunder. Confidential Information of either party
disclosed prior to execution of this Agreement shall be subject to the protections afforded hereunder.
10.2 Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply
to any Confidential Information that: (a) is independently developed by the receiving party without reference to
the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having
the right to furnish such Confidential Information; (b) has become generally available to the public without breach
of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of
restriction; or (d) the disclosing party agrees in writing is free of such restrictions.
10.3 Confidential Terms and Conditions; Publicity. Licensee shall not disclose the terms and conditions of this
Agreement related to pricing contained to any third party unless restricted from conforming to non-disclosure by
governmental statute and/or ordinance.
10.4 Data Security. In addition to and without prejudice to the confidentiality terms set forth in this Section 10,
the following additional data security provisions shall apply to any highly-sensitive Confidential Information
provided by Licensee to Avolve (“Highly-Sensitive Information”), including without limitation any personally
identifiable information or financial information.
10.4.1 Disclosure. Licensee shall use its best efforts to limit disclosure of Highly-Sensitive Information to Avolve
and only provide Highly-Sensitive Information to Avolve with the prior written consent of either Avolve’s Chief
Executive Officer or Chief Financial Officer. Prior to disclosure of any Highly-Sensitive Information, Avolve and the
Licensee shall agree in writing to the procedures surrounding the disclosure, including any encryption
requirements and the mechanism of disclosure.
10.4.2 Data Security Safeguards. Avolve has implemented and maintains an information security program that
incorporates administrative, technical, and physical safeguards designed to protect the security, confidentiality,
and integrity of Highly-Sensitive Information provided by Licensee to Avolve in accordance with this Section 10.4.
10.4.3 Data Security Breach. Avolve will notify Licensee promptly and in no event later than one (1) business day
following Avolve’s discovery of a Data Security Breach (defined below) and shall (i) undertake a reasonable
investigation of the reasons for and the circumstances surrounding such Data Security Breach and (ii) reasonably
cooperate with Licensee in connection with such investigation, including by providing Licensee with an initial
summary of the results of our investigation as soon as possible, but in all cases within two (2) business days after
the date Avolve discovered or reasonably suspected a Data Security Breach, and then regular updates on the
investigation as it progresses; (iii) not make any public announcements relating to such Data Security Breach
without Licensee’s prior written approval, which shall not be unreasonably withheld; (iv) use commercially
reasonable efforts to take all necessary and appropriate corrective action reasonably possible on our part designed
to prevent a recurrence of such Data Security Breach; (v) collect and preserve evidence concerning the discovery,
cause, vulnerability, remedial actions and impact related to such Data Security Breach, which shall meet
reasonable expectations of forensic admissibility; and (vi) if requested by Licensee, at Licensee’s cost, provide
Customer Sales Order and Agreement (02092017) Page 12 of 19
notice to individuals or entities whose Confidential Information was or may have been affected in a manner and
format specified by Licensee. In the event of any Data Security Breach caused by Avolve, Licensee shall have, in
addition to all other rights and remedies available under this Agreement, law and equity, the right to terminate the
Agreement upon thirty (30) days prior written notice. For purposes of this Agreement, the term “Data Security
Breach” shall mean any of the following occurring in connection with Highly-Sensitive Information (provided that
Licensee has sent the Highly-Sensitive Information to Avolve pursuant to the terms of this Section 10.4 using the
secure transfer protocols agreed upon by the parties) in connection with Licensee’s use of the Software: (a) the
loss or misuse of Highly-Sensitive Information; and (b) disclosure to, or acquisition, access or use by, any person
not authorized to receive Highly-Sensitive Information, other than in circumstances in which the disclosure,
acquisition, access or use is made in good faith and within the course and scope of the employment with Avolve or
other professional relationship with Avolve and does not result in any further unauthorized disclosure, acquisition,
access or use of Highly-Sensitive Information.
11. ASSIGNMENT. Licensee may not, without Avolve’s prior written consent, assign, delegate, pledge, or
otherwise transfer this Agreement, or any of its rights or obligations under this Agreement, or the Avolve Materials
or Avolve Confidential Information, to any party, whether voluntarily or by operation of law, including by way of
sale of assets, merger or consolidation.
12. GENERAL PROVISIONS.
12.1 Severability. It is the intent of the parties that in case any one or more of the provisions contained in this
Agreement shall be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not
affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid or
unenforceable provision had never been contained herein.
12.2 No Waiver. If either party should waive any breach of any provision of this Agreement, it shall not
thereby be deemed to have waived any preceding or succeeding breach of the same or any other provision
hereof.
12.3 Counterparts. This Agreement may be signed in two counterparts, each of which shall be deemed an
original and which shall together constitute one Agreement.
12.4 Regulatory Matters. The Software, Documentation and Avolve Materials are subject to the export control
laws of various countries, including without limit the laws of the United States. Licensee agrees that it will not
submit the Software, Documentation or other Avolve Materials to any government agency for licensing
consideration or other regulatory approval without the prior written consent of Avolve, and will not export the
Software, Documentation and Avolve Materials to countries, persons or entities prohibited by such laws. Licensee
shall also be responsible for complying with all applicable governmental regulations of the country where Licensee
is registered, and any foreign countries with respect to the use of the Software, Documentation or other Avolve
Materials by Licensee and/or its Affiliates.
12.5 Governing Law; Limitations Period. This Agreement and any claims arising out of or relating to this
Agreement and its subject matter shall be governed by and construed under the laws of State of Arizona without
reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations,
and United States law, rules, and regulations, United States law, rules, and regulations shall prevail and govern.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
The Uniform Computer Information Transactions Act as enacted shall not apply. Licensee must initiate a cause of
action for any claim(s) arising out of or relating to this Agreement and its subject matter within one (1) year from
the date when Licensee knew, or should have known after reasonable investigation, of the facts giving rise to the
claim(s).
12.6 Notices. All notices or reports which are required or may be given pursuant to this Agreement shall be in
writing and shall be deemed duly given when delivered to the respective executive offices of Avolve and Licensee
at the addresses first set forth in any Software Sales Order or Sales agreement. Where in this section 12.6 or
Customer Sales Order and Agreement (02092017) Page 13 of 19
elsewhere in this Agreement written form is required, that requirement can be met by facsimile transmission,
exchange of letters or other written form.
12.7 Force Majeure. Any delay or nonperformance of any provision of this Agreement (other than for the
payment of amounts due hereunder) caused by conditions beyond the reasonable control of the performing party
shall not constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be
deemed to be extended for a period equal to the duration of the conditions preventing performance.
12.8 Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement
between Avolve and Licensee, and all previous representations, discussions, and writings are merged in, and
superseded by this Agreement and the parties disclaim any reliance on any such representations, discussions and
writings. This Agreement may be modified only by a writing signed by both parties. This Agreement shall prevail
over any additional, conflicting, or inconsistent terms and conditions which may appear on any purchase order or
other document furnished by Licensee to Avolve. This Agreement shall prevail over any additional, conflicting or
inconsistent terms and conditions which may appear in any clickwrap end user agreement included in the
Software. Signatures sent by electronic means (facsimile or scanned/sent via e-mail) shall be deemed original
signatures. This Agreement does not create any partnership, joint venture or principal and agent relationship.
12.9 Independent Contractor. Avolve is an independent contractor and not an employee of the Licensee. Any
personnel performing services under this Agreement on behalf of Avolve shall at all times be under Avolve’s
exclusive direction and control. Avolve shall pay all wages, salaries, and other amounts due such personnel in
connection with their performance of services under this Agreement and as required by law. Avolve shall be
responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social
security taxes, income tax withholding, unemployment insurance, and worker’s compensation insurance.
12.10 Hierarchy. The following order of precedence shall be applied in the event of conflict or inconsistency
between provisions of the components of this Agreement: (i) GTCs and (ii) the applicable Software Sales Order,
Avolve Support Terms or SOW. Notwithstanding the foregoing, if any part of a Software Sales Order, Avolve
Support Terms or SOW expressly states that it shall control over the GTCs, it shall so control.
12.11 United States Federal Governmental Users. The Software and Documentation are “commercial items” as
that term is defined in 48 C.F.R. 2.101 (October 1995) consisting of “commercial computer software” and
“commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (September 1995).
Consistent with 48 C.F.R. 12.212 and with 48 C.F.R. 227.7202-1, 227-7202-3 and 227-7202-4 (June 1995), if the
Licensee is the U.S. Government or any department or agency of the U.S. Government, the Software and
Documentation are licensed under this Agreement (i) only as a commercial item, and (ii) with only those rights as
are granted to all other end-users pursuant to the terms and conditions of this Agreement.
Customer Sales Order and Agreement (02092017) Page 14 of 19
Exhibit A
Avolve Support Terms
These Avolve Support Terms (“SLA”) defines the maintenance and support services (“Avolve Support”) which
Avolve Software Corporation (“Avolve”) shall provide to any customer (“Customer”) who is entitled pursuant to a
separate written sales order (the “Sales Order”) with Avolve to Avolve Support. This SLA defines Avolve Support
for both traditional licensees (“Licensees”) of Avolve software (the “Software”). For the avoidance of any doubt,
customers who have not purchased Avolve Support and customers who are not current on their fees are not
entitled to Avolve Support. This SLA, together with the Sales Order and the Avolve General Terms and Conditions,
represents Customer’s Agreement (as such term is defined in the Avolve General Terms and Conditions).
1. Avolve Maintenance for Standard, Premium, and Named Enhanced Support. Avolve currently offers three
levels of Avolve Support, standard, premium and named enhanced support.
1.1. Standard Avolve Support refers to all maintenance and support services standardly provided by
Avolve to current customers for the standard, not-customized Software. The following are included
in standard Avolve Support:
(a) New releases of Software within an integer version of said Software (e.g. all 8.X versions of
ProjectDox);
(b) Patches and “hot fixes” within the integer version of said Software;
(c) Phone, email and trouble-ticket reporting systems for Software within the integer version of said
Software in accordance with this SLA;
(d) Integrations to third-party software and systems defined by Avolve as “Standard Integrations”; and
(e) (Avolve) ProjectDox Workflows and eForms defined by Avolve as “Best-in-Class,” or otherwise
designated by Avolve as “standard derivatives” of Best-in-Class workflows and eForms. A standard
derivative workflow and or eForm is considered that which can be reasonably implemented by way
of features and functions included in the Software, and for which additional, custom software code
development is not required.
For the avoidance of any doubt, standard Avolve Support does NOT include upgrades to a future integer
version of the Software (e.g. ProjectDox version 8.X to version 9.X). Avolve reserves the right to charge an
additional fee when Customers are upgrading from one major release to another. When applied, such
additional fee will be determined based on (a) number of upgrade versions, (b) the complexity of
customization, and (c) the complexity of add-ons and integrations of Avolve or third-party
products/systems.
1.2. Avolve Premium and Named Enhanced Support refers to all maintenance and support services
provided outside of, or beyond, standard Avolve Support. Examples of Avolve Premium and Named
Enhanced Support include:
(a) Support for non-standard or customized Software features;
(b) Non-Standard integrations to third party software and systems;
(c) Workflows and eForms not covered under standard Avolve Support, including those that are
developed under a statement of work;
(d) Predetermined and/or pre-scheduled modifications to third party software and/or systems;
(e) On-call support;
(f) Faster response times and support schedules;
(g) Support for any exclusions set forth in Section 8 (Exclusions) below.
2. Avolve Support Fees. Unless set forth otherwise on the applicable Sales Order, standard Avolve Support fees
shall be calculated at twenty percent (20%) of the applicable Software license fees. Unless set forth otherwise
in the applicable Sales Order, supplemental Avolve Support fees are at Avolve’s then current rates.
Customer Sales Order and Agreement (02092017) Page 15 of 19
3. Portal. Avolve will provide reasonable portal support for problem determination and resolution for problems
arising during normal operation of the Software. Avolve may require the Customer to provide a written
assistance request describing the problem. All issues MUST be reported via the portal.
Support Portal: https://support.avolvesoftware.com
Upon first entering the portal, the Customer may request a login and Avolve limits logins to one agent per
Customer. After a login is received, the Customer may enter, track, update, and report on trouble ticket as well as
communicate with Avolve helpdesk staff via phone, email, web meeting, and/or ticket notes. In addition to
working with members of Avolve’s Support Team, Customers have access to, Latest Product News Articles, FAQs,
Documentation, and a Knowledge-base via the Support Portal as well.
4. Support Hours.
4.1. Licensees with a standard support contract will receive assistance during Avolve’s normal working
hours of 8:00 a.m. through 5:00 p.m., Monday through Friday (excluding standard holidays),
Mountain Standard Time.
4.2. Avolve, in its sole discretion, may offer premium or named enhanced support contracts, which would
entitle the purchasing customer to additional support hours and/or other benefits beyond those set
forth in this SLA (“Premium Support” or “Named Enhanced Support”). If purchased by a customer,
Premium Support or Named Enhanced Support terms will be set forth in the applicable Sales Order.
5. On-Site Emergency Support. Customer may request Avolve to provide on-site emergency operational support
services as a separate and distinct billable service.
6. Releases Included. Avolve Support for Licensees of the Software includes all minor and maintenance releases.
Avolve reserves the right to charge upgrade fees for major releases or major ancillary program components.
Additionally, some features may or may not be activated based on license terms.
6.1. For the purposes of this SLA, (i) “maintenance releases” shall mean such bug fixes and/or platform
updates that are designated by an increment in the last decimal of the release i.e. n.n.1 by Avolve; (ii)
“minor releases” shall mean such bug fixes, platform updates, and/or minor product enhancements
that are designated by an increment in the second decimal of the release i.e. n.1.n by Avolve; and (iii)
“major releases” shall mean such bug fixes, platform updates, and major product enhancements
and/or new features that are designated by an increment in the whole number of the release i.e.
1.n.n by Avolve.
6.2. To the extent applicable, all Avolve Support provided to Customer (including all maintenance
releases, minor releases, and major releases) shall be subject to the applicable license agreement
between Avolve and Customer.
7. Problem Determination and Resolution. Avolve resources will be allocated to resolve reported problems
based on the severity level set forth in the table below and Avolve will use commercially reasonable efforts to
provide a prompt acknowledgement, acceptable resolution, workaround, or a plan for the provision of a
resolution or acceptable workaround in the timeframe set forth in the table below:
Customer Sales Order and Agreement (02092017) Page 16 of 19
Severity Level Definition Initial Response Time Resolution Commitment
System Down
An error that causes a
catastrophic failure
substantially impacting
Customer’s business.
1 Hour
Avolve and Customer will commit
full-time resources during normal
business hours for problem
resolution, to obtain workaround, or
reduce the severity of the error.
High
An error that causes Avolve
product to fail without
significant business impact.
Causes a substantial
reduction in performance.
24 Hours
Avolve and Customer will commit
full-time resources during normal
business hours for problem
resolution, to obtain a workaround,
or reduce the severity of the error.
Medium
An error that causes only
minor impact on use of the
product.
72 Hours
Avolve and Customer will commit
resources during normal business
hours for problem resolution.
Low
A service request for a new
feature, additional
documentation, or an
explanation of product
functionality.
Within 5 Business Days
Avolve and Customer will provide
resources during normal business
hours to address request.
Enhancement requests will be
logged and sent to Avolve
Development for review and
possible incorporation into
ProjectDox.
(a) Initial Response Time. Once a problem has been reported, Customer will receive an
acknowledgement via email, phone or the support portal, as to the receipt of the problem as
reported and a confirmation of the problem severity. Avolve will begin the process of problem
determination and resolution at this point. The time the ticket is submitted and the response time
will be logged to ensure SLA is met.
(b) Status Updates. During the problem determination and resolution process, Customer may receive
regular communications, via email, phone or the support portal, as to the status of the problem
determination and resolution. All communications should be logged in Avolve’s support system
including date, time, and contact name. This helps Avolve and the customer determine the status
and duration of the issue reported.
(c) Resolution. In response to the problem reported, Customer will receive, as appropriate, one of the
following resolutions: an existing correction, a new correction, a viable workaround, or a plan on
how the problem will be addressed.
(d) Severity Re-classification. If Customer determines that a previously reported and in-progress issue’s
severity needs to be re-classified or escalated, Customer should issue a new call or email to the
Technical Support Team.
8. Exclusions. Avolve will have no obligation to support the following, pursuant to the terms of this Agreement:
8.1. Software use not covered by an active support contract and/or not in compliance with a valid
agreement with Avolve. A support contract must cover all Software licenses purchased.
8.2. Software that is altered or modified other than as approved in writing by Avolve.
Customer Sales Order and Agreement (02092017) Page 17 of 19
8.3. Any Software that is either not within the current major (integer) release or is more than two (2)
minor releases back from the current minor release within the major (integer) release.
8.4. Problems caused by misuse or misapplication of the Software, including any anomalies and/or
failures in test or production operating environments that impact the Software and are determined
to have their cause due to unwarranted Customer decisions, actions, system configuration/
modification, policies and/or procedures.
8.5. Software installed on any computer hardware/software configurations not supported by Avolve.
8.6. Problems caused by Licensee custom application code authorized to be developed using Avolve APIs
as set forth in the documentation accompanying such API and Licensee’s Agreement.
8.7. Problems caused by updates or upgrades of 3rd party applications that are integrated with Avolve
products.
8.8. Problems caused by on-premises hardware problems or related issues such as router, network or
hard drive failures or incorrect configuration settings.
8.9. Services required to implement any updates, upgrades or releases on Customer’s network, as well as
all other operational support issues, are not included with Avolve Support. Such additional services
may be purchased for an additional fee.
8.10. All Training programs, regardless of software version updates and/or upgrades.
8.11. Operational Support including but not limited to: (a) Windows configuration issues; (b) SQL Database
maintenance and or tuning; (c) VMWare tuning or configuration; (d) Firewall configuration; (e)
Network performance; (f) End-User browser support; (g) User-modified and new workflows or
eForms.
8.12. Add-ons (as such term is defined in the Customer’s Agreement).
8.13. Any other reasons set forth in the Customer’s Agreement.
Avolve, in its sole discretion, shall determine whether any of the foregoing exclusions are applicable to
Customer. Any services provided for exclusions shall be paid by Customer at Avolve’s then-current rates, as
well as all travel and other expenses incurred by Avolve in providing such services.
9. Customer’s Obligations for Operational Support.
9.1. Contact Person(s). Customer will designate up to two (2) contact person(s) (or such other
replacement individuals as Customer may designate in writing) (each a “Contact Person”), who shall
be the sole contacts for the coordination and receipt of the Support Services set forth in this SLA.
Each Contact Person shall be knowledgeable about, as applicable, the Software. If Avolve is unable to
contact any designated Contact Person through the specified means for a period of time and such
contact would be helpful for performing the Support Services, Avolve may refuse to perform the
Support Services until Avolve is able to contact a designated Contact Person, in which case the times
for resolution set forth in Section 5 will be suspended for such period of time.
9.2. Remote Access. For the purpose of problem determination and analysis, Customer will provide, as
necessary and at Customer’s discretion, the Technical Support Team with remote access capabilities
into Customer’s system’s running the Software.
9.3. Supporting Data. Customer will provide reasonable supporting data to aid in the identification and
resolution of the issue.
Customer Sales Order and Agreement (02092017) Page 18 of 19
9.4. Installation. Unless otherwise instructed by Avolve, Customer will be responsible for installing any
error correction, update or upgrade.
9.5. Initial Troubleshooting. Customer’s Support Contact has the responsibility of performing due
diligence in resolving issues prior to contacting support and will be expected to provide additional
details as a result of their investigation of the issue.
10. Term. The term of this agreement shall be as set forth on the Sales Order associated with this SLA and shall
continue unless terminated pursuant to the terms of the Agreement.
11. Fees / Termination / Renewal. Customer shall pay Avolve the applicable fee as listed on the Sales Order for
all Software use rights for which Customer purchased (the “Fees”). Fees will be billed and due as provided for
in the Agreement. Fees are paid in advance and are irrevocable and non-refundable (except for the limited
credit right set forth in Section 10 below and if set forth expressly otherwise in the Agreement). If Licensee
fails to pay all Fees by the due date, this SLA, and all Avolve Support provided for under it, may be immediately
terminated, without notice, by Avolve. Alternatively, Avolve, in its sole discretion, may elect to continue to
provide Avolve Support and assess interest at a rate of up to 18% per annum, not to exceed the minimum
amount allowed by law. To reinstate or renew Avolve Support (if reinstatement is allowed by Avolve at its
sole discretion), Customer must pay in advance and in full all Fees that were considered in arrears at that time.
12. Credits. Should Avolve fail to meet any of the commitments set forth in this SLA, AS CUSTOMERS SOLE AND
EXCLUSIVE REMEDY:
12.1. Licensees. Licensees of Software shall be entitled to receive a service credit of 1% of the licensee’s
monthly prorated support fees, per incident in a given month, up to a maximum 50% of monthly
prorated support fee payable by the customer. The amount of compensation may not exceed 50% of
the licensee’s monthly support fee. This means that if a customer has two (2) incidents in which
Avolve failed on the initial response within the time frame stated, they are entitled to receive a
service credit of 4% of the prorated monthly support fee.
12.2. Requesting a Credit. As outlined in this SLA, Avolve shall issue a service credit to Customer’s account
if Avolve does not meet the guaranteed response time limits mentioned in the SLA. The Service
Credit will be applied to the clients next invoice that is due, after the credit has been requested and
approved by a member of the Avolve Management staff. In order for a customer to receive a credit
on their account, the customer must request the service credit within seven (7) business days of the
incident in which the response time was not met. This credit request must come from the authorized
e-mail account for the customer’s account, and must be submitted directly in the form of a ticket via
the customer’s portal account. The ticket must include the customer’s account information, and the
Ticket Number in which the response time was not met by Avolve’s Support Department. Since all
response times are checked through the Ticket Helpdesk System, there will need to be a Ticket
Number mentioned and/or the dates and times that the incident(s) occurred. The Service Credit
Request will be reviewed by a member of Avolve’s Management staff to make sure the request is
valid, and the customer will receive notification of a Service Credit approval or denial. If a Service
Credit Request has been approved, the Service Credit will be applied to the customers next due
invoice.
Customer Sales Order and Agreement (02092017) Page 19 of 19
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with C lub P rophet S ystems f or Valleywood G olf Course P oint-of-Sale
(P O S ) System
S taff Contact:
Director, Barry B ernstein
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve the agreement with Club Prophet Systems for Valleywood Golf C ourse Point-of-
Sale (PO S) system products and services and authorize the Mayor and C ity C lerk to sign the
same.
S UM M ARY:
A C lub Prophet Systems software and Point-of-Sale (PO S) agreement for Valleywood G olf
Course is being presented for Council consideration. T he cost is $715.00 per month,
guaranteed pricing for two years, and is included in the 2017 budget. Staff has reviewed the
agreement and recommends approval.
B AC K G RO UND :
Valleywood's current PO S system is becoming obsolete. It is experiencing problems with
our credit card gateway and is requiring IT Dept. support of the server located at the
Municipal C enter. Staff has done extensive research into a replacement system.
Club Prophet Systems has all of the features the other compared systems had but with a
much better support department and a much more informational tee sheet integration. It is a
web-based program and will allow removal of the computer network server designation
specific to Valleywood.
It is a fully integrated system with the tee sheet accessible from various platforms.
It integrates with Elavon, our Finance Department’s preferred credit card processor, and it
includes time clock and hour reporting system at no additional charge.
Anticipated initial costs include approximately $6,500.00 in hardware costs and $1,500.00 in
staff training expenditures. T he monthly $715.00 fee will remain consistent for at least two
years, then has a cap of no more than a two percent increase per year. It includes unlimited
technical support and Valleywood will retain ownership of the data collected with
the product.
B UD G E T I M PAC T:
Funding has been included in the 2017 budget.
AT TAC HM E NT S:
Agreement
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Hawkins, I nc., f or P roject 2017-134, Outdoor Pool Water Management
S taff Contact:
Director Barry B ernstein
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve the agreement with Hawkins, Inc., for Project 2017-134, Outdoor Pool Water
Management, in the amount of $79,635.00.
S UM M ARY:
Hawkins, Inc., has provided the lowest responsible quotation for water treatment services for
Apple Valley Family Aquatic Center and Redwood Pool. T hey have a satisfactory service
track record and staff recommends entering into an agreement with them for the 2017
Outdoor Pool Water Management.
A standard C ity of Apple Valley Agreement will be utilized.
B AC K G RO UND :
Written quotations were solicited for the purpose of providing water treatment at A pple
Valley Family Aquatic C enter and Redwood Pool for the 2017 summer season. A quotation
was received from Hawkins, Inc., in the amount of $79,635.00. Hawkins, Inc., has been
awarded the service contract the last several years, is familiar with the facilities, and has
done an acceptable job. Staff recommends entering into an agreement with Hawkins, Inc., for
the 2017 Outdoor Pool Water Management.
B UD G E T I M PAC T:
$79,635.00
Funds have been allocated within the 2017 Budget for this service.
AT TAC HM E NT S:
Exhibit
Quotation
PROJECT 2017-134, OUTDOOR POOL WATER MANAGEMENT - Specifications Page 1 of 2
CITY OF APPLE VALLEY
PROJECT 2017-134, OUTDOOR POOL WATER MANAGEMENT
SPECIFICATIONS
January 24, 2017
It is the intent of these specifications to describe the water management requirements of
Apple Valley’s two outdoor pools. The Apple Valley Family Aquatic Center at 14421
Johnny Cake Ridge Road is operational from June 1 through August 28, 2017.
Redwood Outdoor Pool at 311 150th Street West is operational from June1 through
September 4, 2017. All prices must include all applicable taxes. Payment schedules
other than full payment upon completion should be included if desired. All operations
must comply with Minnesota Pool Code Rules applicable in 2017.
Proposal should include the following:
1.) Company background and information.
2.) Any special or unusual services you offer.
3.) The cost for providing:
A.) All pool chemicals and delivery system installed and operated, including water
balancing chemicals. This includes chemicals for filter cleaning and fungicide.
B.) Daily water testing and documentation provided in an on-site logbook. A copy of
this record will be provided to the City of Apple Valley by September 15, 2017.
C.) Pool chemical monitoring, how often and in what manner.
D.) Pool mechanical equipment daily maintenance.
E.) Pool vacuuming and wall brushing five times per week.
F.) Polishing of stainless steel deck equipment four times per year.
G.) Cleaning pool gutter dropouts as needed.
H.) Backwashing pool filters as needed and indicated by pressure readings or
required by Minnesota Department of Health Code.
I.) Cleaning hair and lint strainers as needed.
J.) Contacting the Recreation Supervisor regarding warranty issues or repair work
needed.
K.) Maintaining the chemical parameters as specified by the Minnesota Department
of Health and provides a written weekly report of test readings and actions taken.
L.) Representative will meet with on-site managers and be prepared to discuss
water management issues.
4.) A list of any equipment you expect the City of Apple Valley to provide.
5.) Any services that you are not providing that are usually included in pool
maintenance.
6.) A list of customer references with contact name and phone number.
PROJECT 2017-134, OUTDOOR POOL WATER MANAGEMENT - Specifications Page 2 of 2
Proposals shall be submitted upon the Proposal Forms, attached hereto, no later than
Thursday March 1, 2017, at 4:00 pm and directed to:
City of Apple Valley
Attn: Steve Skinner
7100 – 147th Street West
Apple Valley, MN 55124
The City reserves the right to reject any or all proposals and make a decision in the best
interest of the City of Apple Valley.
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with NE O E lectrical S olutions, L L C , f or S upplemental Electrical S ervice at
A pple Valley F amily A quatic C enter
S taff Contact:
B arry B ernstein, Director
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve agreement with N EO Electrical Solutions, LLC, for Supplemental Electrical
Service at Apple Valley Family Aquatic C enter.
S UM M ARY:
Staff is seeking authorization to enter into an Agreement with N EO Electrical Solutions,
LLC, for Supplemental Electrical Service at Apple Valley Family Aquatic C enter. T he
additional service will provide power to a Turbo C hef oven, ice cream machine and a future
refrigeration unit. Of the proposals received, N EO Electrics proposal is the most efficient,
least obstructive, and the lowest responsible at a cost of $13,200.00.
B AC K G RO UND :
Pricing has been solicited for installation of additional electrical service to the concessions
area of the Family Aquatic C enter. T he additional service will provide power to a Turbo
Chef oven, ice cream machine and a future refrigeration unit. T he proposals were presented
to Master Electric, Merit Electric and N eo Electric.
With no specific design in place, each of the vendors proposed a plan to install a 100 amp
service to the concessions building. With three different contractors, we received three
different proposals to achieve the same results.
Master Electric's quoted price for the electrical portion was the lowest at $8,440.00, but it
involved adding an additional outside transformer. T he transformer would have to be
installed by Dakota Electric adding $10,382.00 to the cost. Not to mention digging up
asphalt and the aesthetics of a large transformer in front of the building.
Merrit Electric proposed using an inside transformer in the boiler room and running conduit
over to the new panel in the concessions room. T he cost of their installation would
be $14,205.00.
N EO Electrics proposal uses existing conduits to reroute wiring and feed a new panel in the
Managers' room closet. N EO Electrics proposal is the most efficient, least obstructive, and
the lowest responsible at a cost of $13,200.00.
B UD G E T I M PAC T:
$13,200.00
Funding has been designated within the 2017 Budget for this project.
AT TAC HM E NT S:
Agreement
Exhibit
AVFAC Supplemental Electrical Service - 2017 - Agreement Page 1 of 4
CITY OF APPLE VALLEY, MINNESOTA
AGREEMENT FOR APPLE VALLEY FAMILY AQUATIC CENTER
SUPPLEMENTAL ELECTRICAL SERVICE - 2017
THIS AGREEMENT, made this 23rd day of March, 2017, by and between the City of
Apple Valley, hereinafter called "City", and NEO Electrical Solutions, LLC., hereinafter called
"Contractor";
WITNESSETH, that the City and the Contractor, for the consideration hereinafter stated,
agree as follows:
1. SERVICES TO BE PERFORMED
The Contractor hereby covenants and agrees to perform and execute all the provisions of
the specifications prepared by the City dated March 10, 2017, and made a part of this Agreement
by reference, for furnishing of:
APPLE VALLEY FAMILY AQUATIC CENTER
SUPPLEMENTAL ELECTRICAL SERVICE - 2017
and to do everything required by this Agreement.
2. COMPLETION DATE
The Contractor agrees that the work contemplated by this Agreement shall be fully and
satisfactorily completed on or before May 15, 2017.
3. CHANGE ORDERS
Any changes to the work specified by this Agreement shall be made in writing and signed
by both parties. Only the Park Superintendent will have the authority to initiate any change
orders which must be submitted to the City Council for approval. No payment will be made for
any claim for additional charges not processed in this manner.
4. PAYMENT
The City agrees to pay and the Contractor agrees to receive and accept payment in
accordance with the prices proposed as set forth in the copy of the accepted Proposal Form hereto
attached, the aggregate amount of which is $13,200.00. Upon completion of delivery and
installation by the Contractor and acceptance by the City, Contractor shall submit an invoice for
the lump sum of the aggregate amount. This invoice will be paid by the City within thirty (30)
days of receipt.
AVFAC Supplemental Electrical Service - 2017 - Agreement Page 2 of 4
If the aggregate amount of this Agreement exceeds $50,000.00, and the work
contemplated by this Agreement is associated with building, erection, construction, alteration,
remodeling, demolition, or repair of buildings, real property, highways, roads, bridges, or other
construction work, Contractor must be a “responsible contractor” pursuant to Minnesota Statutes
§ 16C.285. Contractor has verified under oath that it meets the minimum criteria specified in
Minnesota Statutes § 16C.285, subdivision 3, by providing a verification of compliance
(Affidavit of Responsible Contractor), with its Proposal Form. The Affidavit of Responsible
Contractor verifies that the Contractor complies with the minimum criteria in Minnesota Statutes
§ 16C.285, subdivision 3, with the exception of clause (7). Contractor is required to comply with
Minnesota Statutes § 16C.285 throughout the duration of this Agreement.
5. CONTRACTOR’S OBLIGATIONS TO SUBCONTRACTORS
The Contractor shall pay any subcontractor within ten days of the Contractor’s receipt of
payment from the City for undisputed services provided by the subcontractor. The Contractor
shall pay interest of one and one-half (1-1/2%) percent per month or any part of a month to the
subcontractor on any undisputed amount not paid on time pursuant to this provision to the
subcontractor. The minimum monthly interest penalty payment for an unpaid balance of one
hundred ($100.00) dollars or more shall be ten ($10.00) dollars. For an unpaid balance of less
than one hundred ($100.00) dollars, the Contractor shall pay the actual penalty due under this
provision to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Contractor shall be awarded its costs and disbursements, including attorneys’
fees, incurred in bringing this action.
6. INSURANCE
Contractor shall not commence work under this Agreement until it has obtained all
insurance required under this section and shall have filed the certificate of insurance or the
certified copy of the insurance policy with the City. Each insurance policy shall contain a clause
providing that it shall not be canceled by the insurance company without thirty (30) days written
notice to the City of the intent to cancel. Minimum requirements:
A. Worker’s compensation insurance as may be required by law.
B. Employer’s liability insurance with minimum limits as follows:
Bodily Injury by Disease - $500,000 per person
Bodily Injury by Disease - $500,000 general aggregate
Bodily Injury by Accident - $500,000 general aggregate
C. Contractor's comprehensive general and automobile liability insurance, including
coverage for non-owned and hired vehicles, in limits as follows:
AVFAC Supplemental Electrical Service - 2017 - Agreement Page 3 of 4
General Liability - $1,000,000 each occurrence
- $2,000,000 aggregate
Automobile Liability - $1,000,000 combined single limit for bodily injury
and property damage
D. The City of Apple Valley shall be listed as an additional insured on the above
policies. In addition, those property owners, if any, from whom temporary
construction easements were obtained shall be listed as an additional insured on the
above policies. Names of the property owners, along with other required
information, will be provided to the successful bidder after the Project has been
awarded.
E. In addition to all listed coverages, Contractor shall procure and maintain an
Umbrella or Excess liability policy in a minimum limit of $1,500,000.
7. INDEMNIFICATION
The Contractor shall indemnify and hold harmless the City and its officers, agents and
employees from and against all claims, damages, losses or expenses, including attorney fees,
which may be suffered or for which they may be held liable, arising out of or resulting from the
assertion against them of any claims, debts or obligations in consequence of the performance of
this Agreement by the Contractor, its employees, agents or subcontractors, whether or not caused
in part by a party indemnified hereunder. Contractor shall comply with all applicable Laws and
Regulations relating to the safety of persons or property, or to the protection of persons or
property from damage, injury, or loss.
8. CONTRACT DOCUMENTS
The contract documents shall include the following documents, as if fully set forth herein,
and the Contractor acknowledges familiarity with said documents:
A. This Agreement
B. Proposal Form
C. Certificate of Insurance
D. Affidavit of Responsible Contractor (when applicable)
9. WHOLE AGREEMENT
This Agreement embodies the entire agreement between the parties including all prior
understanding and agreements and may not be modified except in writing signed by all the
parties.
AVFAC Supplemental Electrical Service - 2017 - Agreement Page 4 of 4
EXECUTED as of the day and year written below.
CITY OF APPLE VALLEY
Date By
Mary Hamann-Roland, Mayor
Date And
Pamela J. Gackstetter, City Clerk
NEO ELECTRICAL SOLUTIONS, LLC
Date By
Date And
STATE OF ________________ )
) SS.
COUNTY OF ______________ )
On this _____ day of ______________, 2017, before me personally appeared
___________________________ and _________________________, to me known who, being
by me duly sworn, did say that they are respectively the ___________________________ and
______________________ of ________________________________, that the seal affixed to
the foregoing instrument is the corporate seal of said corporation and that said instrument was
executed in behalf of the corporation by authority of its Board of Directors, and said officers
acknowledged the instrument to be the free act and deed of said corporation.
(Notarial Seal)
Notary Public
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove L ease A greement with P NC E quipment F inance, L L C, for G olf Cars
S taff Contact:
B arry B ernstein, Director
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve the lease of 55 E-Z-G O golf cars from Versatile Vehicles, Inc., and the Resolution
and Certificate of Incumbency of lease financing through PN C Equipment Finance, LLC , in
an amount of $215,419.24, subject to agreement review and approval by the C ity
Administrator and C ity Attorney.
S UM M ARY:
Staff is seeking authorization to enter into a Lease Agreement with PN C Equipment Finance,
LLC, for golf cars supplied by Versatile Vehicles, Inc. T he term of the Agreement shall be
43 months, with 24 monthly payments in the amount of $7,397.50. T his equates to
$44,385.00 per year for the 55 golf cars.
B AC K G RO UND :
Valleywood is seeking approval of the acquisition and financing of 55 Electric E-Z-G O golf
cars. T he acquisition includes the trade in of the existing E-Z-G O golf cars acquired five
seasons ago. T he lease on the existing cars included a buyout option at the end of the lease
in November 2016 of $55,000 on the 55 cars. Versatile Vehicles Inc. made the lease buyout
on the C ity’s behalf and this same amount is added to the purchase agreement.
Staff has reviewed the proposal and determined the Versatile Vehicles, Inc., proposal for the
RXV 48V model meets all of the stated specifications.
T he purchase will be made off the N IPA purchasing cooperative. T he agreement includes:
P er c ar Total fo r 55 cars
P urc has e pric e:$ 4,616.71 $253,919.24
Trade-in provid ed ($1,700.00)($93,000)
Exis ting b uyo ut made b y
Vers atile Vehicles
$1,000.00
$55,000
Net Amo unt financed $3,916.71 $215,419.24
P N C Equipment Finance, LLC., is the leasing agency for Versatile Vehicles, Inc. T he term of
the Agreement shall be 43 months, with 24 monthly payments in the amount of $7,397.50.
T his equates to $44,385.00 per year. T his is a $1,567.50 increase over the 2013-2016 lease
pricing. Funding of the lease fits within Valleywood’s annual operating budget.
T he terms of the proposed tax exempt financing includes six monthly payments made each
year from May to October and a $55,000 buyout in November 2020. T he financing rate
changed is 3.5% which is a favorable financing rate.
A copy of the PN C Equipment Finance, LLC , lease agreement has been reviewed by the
City Attorney and found to be acceptable, staff recommends entering into an agreement with
P N C Equipment Finance, LLC, for the four year lease.
B UD G E T I M PAC T:
Revenue from the rental of the golf cars will provide the necessary funding.
AT TAC HM E NT S:
Agreement
R esolution
Background Material
Exhibit
I T E M: 4.S .
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Teemaster, I nc., f or 2017 Products and S ervices
S taff Contact:
Director, Barry B ernstein
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve the agreement with Teemaster, Inc., for 2017 products and services, in the amount
of $6,000.00, and authorize the Mayor and C ity C lerk to sign the same.
S UM M ARY:
A one-year Teemaster, Inc., reservation software and online access agreement for golf
reservations at Valleywood Golf Course is being presented for C ouncil consideration. T he
cost is $6,000.00 and is included in the 2017 budget. Staff has reviewed the agreement and
recommends approval.
B AC K G RO UND :
Valleywood has been contracting with Teemaster, Inc., since 2004 to provide reservation
software and online access. T he cost is $6,000.00 annually and is included in the 2017
budget. Staff recommends the C ouncil approve the one-year service agreement with
Teemaster, Inc., to continue to provide online reservations for Valleywood Golf Course.
B UD G E T I M PAC T:
$6,000.00 (funding included in the 2017 budget)
AT TAC HM E NT S:
Agreement
Version 12/5/15 1
2017 TEEMASTER PRODUCTS AND SERVICES ORDER
GOLF COURSE(S) SERVICE LEVEL (Select One)
Valleywood GC TeeMaster Reservation Service Only-No Telephone Service
4851 McAndrews Road TeeMaster Reservation Service--Overflow Telephone Service
Apple Valley, MN 55124 TeeMaster Reservation Service--Full Telephone Outsourcing
TeeMaster Reservation Service Lite
PRICING Price includes unlimited Internet reservations + one
rotating banner ad (artwork provided by golf course).
*Price will be reduced to $6,000 if payment in full is
received by March 15th. If full payment is not received
by March 15th -- monthly billing of $1,071 for 7 months
will begin April 1st.
Begin Date 1/10/17
End Date 12/31/17
Implementation Fee $ NA One Time Fee
Annual Fee $ 7,500 Per Year
Transaction Fee Call Center $ NA Per Player
Transaction Fee Internet $ NA Per Player
TM Round Exchange NA
OTHER SERVICES
TeeMail – Inclusion in TeeMail (5 submissions – NO CHARGE) $75 per additional submission
TeeMaster Web site Tile Advertising (NO CHARGE) Golf Course provides Artwork
TeeMaster Web site Banner Advertising Golf Course provides Artwork
Ad creation by TeeMaster $100, Golf Course provides Artwork
ELECTRONIC ACCESS:
TeeMaster will provide access to Golf Course for up to 5 connections to the TeeMaster network
Golf Course is responsible for providing Internet access at their facilities where access is desired
PROMOTIONAL AND TRAINING ROUNDS:
0 Foursomes with mutually agreeable restrictions to be used by TeeMaster for marketing and promotional use with T eeMaster
media partners. Restrictions—Not valid for leagues, tournaments or group outings.
Service Fee: $125 per hour for service calls for errors or problems caused by Golf Course personnel.
Michael Turnbull 2/13/17
Michael Turnbull Date Mary Hamann-Roland, Mayor Date
TeeMaster Corporation
FAX: 952.525.7735 ATTEST:
_________________________ _________________
Pamela J. Gackstetter, City Clerk Date
TeeMaster agrees that Valleywood GC, City of Apple Valley, may cancel this Contract upon ten (10) days written
notice and shall only be responsible for the pro-rated portion of fees for services provided under the Contract until the
date of termination.
I T E M: 4.T.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Acceptance and F inal Payment on Agreement with General S ecurity S ervices
Corporation f or L iquor Stores C losed C ircuit T V and NV R S ystem
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
Approve acceptance and final payment on the agreement with General Security Services
Corporation for Liquor Stores Closed C ircuit T V and N VR System, in the amount
of $68,886.60.
S UM M ARY:
T he surveillance cameras and recording systems in the liquor stores reached the end of their
operational life. T his project replaced the older analog cameras with IP cameras and
upgraded the recording system to the software product used elsewhere in the City. T he total
cost of the project is $68,886.60.
B AC K G RO UND :
Security surveillance is a critical part of the C ity's security systems. T he City is migrating
all of its site surveillance to a common system that can be easily monitored over the C ity's
network.
T his project covered all three liquor stores in a total amount of $68,886.60. T he goods and
services were purchased through the State of Minnesota purchasing contract.
Staff recommends acceptance and approval of final payment on the agreement with General
Security Services C orporation for Liquor Stores Closed C ircuit T V and N VR System, in the
amount of $68,886.60.
B UD G E T I M PAC T:
Funds for this project were included in the 2015 and 2016 amended annual operations
budgets for the liquor stores.
AT TAC HM E NT S:
F inal Pay Documents
I T E M: 4.U.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove P ersonnel R eport
S taff Contact:
Melissa Haas, Human Resources Manager
D epartment / D ivision:
Human Resources D ivision
AC T I O N RE Q UE S T E D:
Approve the personnel report.
S UM M ARY:
T he employment actions attached to this memo are recommended for City Council
Approval.
B AC K G RO UND :
T he C ity C ouncil's approval of the Personnel Report includes the ratification of the C ity
Administrator's actions in carrying out the terms and conditions of the employment of the
City personnel.
B UD G E T I M PAC T:
Budgeted positions.
AT TAC HM E NT S:
Personnel Report
PERSONNEL REPORT
March 23, 2017
City of Apple Valley
Human Resources
EMPLOYMENT ACTIONS
The following employment actions are recommended for City Council approval:
First
Name
Last
Name Action Position Status Dept.
Base Pay
Rate
Pay
Type
Pay
Scale
Date
(on or about)
Ryan Dugan Promotion Maintenance II
Full-Time,
Regular 1600 $ 21.88 Hourly SM2 3/4/2017
Keenan Hayes Promotion
Natural Resources
Technician
Full-Time,
Regular 1500 $ 23.33 Hourly 140 3/24/2017
Jarret Hoeppner Rehire Maintenance I Seasonal 1710 $ 12.89 Hourly SMI 5/15/2017
Matt Jelinksi Rehire Maintenance I Seasonal 5105 $ 12.89 Hourly SMI 5/15/2017
Colin Larson Hire
Golf Outside Service
Attendant Seasonal 5105 $ 9.75 Hourly C-01 5/15/2017
Joshua Macklin Promotion Lead Liquor Clerk
Part-Time,
Regular 5020 $ 12.50 Hourly L-2 3/18/2017
Jeff Melville
Acting
Assignment Fire Lieutenant
Paid on Call
Volunteer 1300 $ 15.30 Hourly Fire 4/1/2017
Richard Meyer Rehire
Golf Outside Service
Attendant Seasonal 5105 $ 10.00 Hourly C-01 4/15/2017
Emily Persons Hire Liquor Store Clerk
Part-Time,
Regular 5020 $ 11.00 Hourly L-1 3/18/2017
Gerald Schmidt Rehire Golf Shop Attendant Seasonal 5105 $ 10.00 Hourly C-01 4/15/2017
Ryan Smith Promotion Building Inspector
Full-Time,
Regular 1400 $ 30.00 Hourly 160 3/24/2017
Nick Thompson
Accept
Resignation Liquor Store Supervisor
Part-Time,
Regular 5010 3/17/2017
Carla Walters Promotion Lead Liquor Clerk
Part-Time,
Regular 5020 $ 12.50 Hourly L-2 4/1/2017
Kent Zimmerman Promotion Working Foreman
Full-Time,
Regular 5365 $ 31.99 Hourly UMW 2/18/2017
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the
employment of the City personnel.
Page 1 of 1
I T E M: 4.V.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Claims and Bills
S taff Contact:
Ron Hedberg, F inance Director
D epartment / D ivision:
F inance Department
AC T I O N RE Q UE S T E D:
Approve claims and bills.
S UM M ARY:
Attached for C ity C ouncil review and approval are check registers for recent claims and
bills.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
Check registers dated March 2, 2017, and March 8, 2017 in the amounts of $896,013.46,and
$921,581.62, respectively.
AT TAC HM E NT S:
C laims and B ills
C laims and B ills
I T E M: 4.W.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution S upporting L ocal Decision-Making A uthority (Added at Meeting)
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
Adopt resolution supporting local decision-making authority.
S UM M ARY:
Local elected decision-makers are best positioned to determine what health, safety, and
welfare regulations best serve their constituents. It is not uncommon for legislative proposals
to arise during the legislative session that threaten to restrict the ability of located elected
decision-makers in the policy-making process.
B AC K G RO UND :
Local elected decision-makers are held accountable through the election process. Local
ordinances are enacted only after a comprehensive, legal, and open process. Local units of
government are required to publish notices about meetings at which policies are discussed
and decisions are made. Under the state's O pen Meeting Law, public policy discussions and
decisions must occur in meetings that are accessible to members of the public. Legislative
initiatives that require reverse referenda on local decisions such as budget levies and utility
franchise fees are contrary to the principles of local control and should not be approved by
the Legislature.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION SUPPORTING LOCAL DECISION-MAKING AUTHORITY
WHEREAS, local elected decision-makers are in the best position to determine what
health, safety and welfare regulations best serve their constituents; and
WHEREAS, just like state legislative leaders, local elected officials are held accountable
through Minnesota’s robust elections process; and
WHEREAS, ordinances at the local level are enacted only after a comprehensive, legal
and open process; and
WHEREAS, local units of government are required to publish notices about meetings
where policies will be discussed and decisions will be made; and
WHEREAS, under the state’s Open Meeting Law, public policy discussions and
decisions must occur in meetings that are accessible to members of the public; and
WHEREAS, cities are often laboratories for determining public policy approaches to the
challenges that face residents and businesses; and
WHEREAS, legislative initiatives to require reverse referenda on local decisions such as
budget levies and utility franchise fees are contrary to the principles of local control and should
not be approved by the legislature.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that this Council supports local decision-making authority
and opposes legislation that removes the ability for local elected officials to respond to the needs
of their businesses and constituents.
ADOPTED this 23rd day of March, 2017.
___________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_____________________________________
Pamela Gackstetter, City Clerk
I T E M: 5.A .
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:Regular Agenda
Description:
I ntroduction and O ath of Of f ice of P olice O f f icer K ailie Hinkle
S taff Contact:
J on R echtzigel
D epartment / D ivision:
P olice Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
T he Police C hief will introduce Officer Hinkle and the C ity Clerk will administer her oath of
office.
B AC K G RO UND :
Officer Hinkle was hired in October 2016 and has since completed her field training
program.
B UD G E T I M PAC T:
N/A
I T E M: 5.B .
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:Regular Agenda
Description:
A ccept Urban A f f airs A dvisory C ommittee F indings on Temporary F amily Health Care D wellings
S taff Contact:
K athy Bodmner and Alex S harpe
D epartment / Division:
C ommunity D evelopment Department
AC T I O N RE Q UE S T E D:
Accept the Facts and Findings and recommendation regarding Temporary Family Health
Care Dwellings of the Urban Affairs Advisory C ommittee from its meeting on February 13,
2017.
S UM M ARY:
F acts and F indings:
On J uly 28, 2016, the Apple Valley City C ouncil considered a State Law regulating
Temporary Family Health C are D wellings. At that meeting, the C ity Council voted
unanimously to “Opt-out” of the State Law provisions, but asked the Urban Affairs Advisory
Committee to conduct additional review of the structures and to provide its findings back to
the C ity Council. T he Urban Affairs A dvisory Committee met on October 26, 2016,
J anuary 11, 2017, and concluded its work on February 13, 2017, at which time the
Committee unanimously recommended no changes to the Temporary Family Health C are
Dwellings ordinance (Ord. No. 1013), with additional facts and findings. T he following are
the Urban A ffairs Advisory C ommittee’s findings:
1. Families and individuals sometimes need to find affordable health care for ill,
disabled and elderly family members quickly.
2 . Temporary Family Health C are Dwellings were suggested as a temporary,
affordable, and quick-to-deploy alternative to allow families to care for ill, injured and
convalescing loved-ones near the family for a limited period of time.
3 . T he Urban Affairs C ommittee reviewed the dwellings in more detail and found that
there are some benefits to the units, but that there are building code, zoning code, and
public safety issues that outweigh the benefits of the units at this time (see attached
“Pro and C on” list).
4. Allowing families to care for convalescing relatives is beneficial for the community.
5 . T he C ity of Apple Valley residents are aging and innovative solutions should
continue to be explored to provide families health care and support options. Expanding
the use of A ccessory Dwelling Units would be one tool to enable families to care for
family members.
6 . T he City of Apple Valley should continue the work that began in 2014 and 2015 to
create a community for a lifetime which became Vitalocity!
7. Vitalocity! found that in addition to housing the following nine elements are needed to
create a community for a lifetime. Seniors need access to:
a. Housing choices and adaptations
b. Transportation choices including transit
c. Safe spaces and surroundings
d. C ivic participation and employment
e. C ommunication and information
f. C ommunity support and health services
g. Accessible public outdoor spaces and buildings
h. Respect and social inclusion
i. Social participation
8. T he principles that make a community accessible to seniors will also benefit families
and persons with special needs. A C ommunity for a Lifetime is accessible and
welcoming to persons of all ages and abilities.
9 . Facilitate education opportunities for seniors which promote home improvements,
health, and community building within the Apple Valley C ommunity. Utilize
connections to existing institutions and promote multi-generational education
opportunities.
T herefore, the Urban Affairs C ommittee recommends no change to the Temporary
Family Home Health C are Dwelling Opt-out Ordinance, but that the C ity continue the
work of Vitalocity! to ensure the City of A pple Valley is a vibrant, accessible,
convenient and safe community for persons of all ages and all abilities - a C ommunity
for a Lifetime. Apple Valley should continue to explore opportunities and programs
that allow families to use and improve their homes to meet their family’s needs. T his
should include, but not be limited to, evaluating changes in ordinance and zoning
regulations that encourage and facilitate the use of Accessory Dwelling Units (A D U).
T he C ommittee further recommends Reevaluation of temporary family health care
dwellings in the future as the technology matures and potentially gains acceptance in
other Minnesota municipalities.
B AC K G RO UND :
T he committee focused on how families can best care for aging family members, but the
principles apply to any family member requiring assistance with two or more instrumental
activities for daily living. Each meeting had a slightly different focus, which has shaped the
findings.
October 26, 2016 - Introduction to Temporary Family Health C are Dwellings, the state law,
and C ity Council's decision to opt out of the law. T he committee tasked staff with additional
research on the actual cost of installing the units, on-going maintenance, and other housing
options.
January 11, 2017 - Staff presented findings on the less tangible installation costs, such as
water, and electric hookup, site grading, and septic pumping. Staff also contacted a number
of assisted living facilities in the Twin C ities to determine a base rental rate for assisted
living. T he Committee tasked staff with researching states where temporary family health
care dwellings are permitted, and to find some low cost improvements that would help
seniors age in place. T he discussion finished with an overview of accessory dwelling units
and their current state in the C ity code.
F ebruary 13, 2017 - Reviewing other state laws was informative for the committee. T he
Committee found that Minnesota has one of the more restrictive laws on the amount of time a
unit may be on a property (one year) however, the MN law left a number of items
unaddressed; the biggest of which was how utilities connect to the unit. Other states required
"connection" to city utilities following all building, electrical, and plumbing codes. Minnesota
only required "access to water and electric utilities" and was not clear on how this access
could be made. T he Minnesota law also did not address the septic utility, which is important
in a state with a colder winter. After reviewing the cost of home improvements the committee
came to a series of findings.
After extensive study the Urban Affairs C ommittee supported the C ity Council's decision to
opt-out of the state law at this time. T hey saw the need for temporary health care dwellings,
but found that the state law left too many issues unaddressed. In the future, as the temporary
dwelling technology increases, the units may become more suitable for the community. A t
this time, increasing the use of accessory dwelling units (A D U) and aging in-place
improvement strategies may be a better option for the C ity to study by applying them to more
residential applications and zones.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Background Material
Background Material
Background Material
Background Material
Presentation
Pros Cons
A quick housing option for temporary care Effects neighborhood character
Is pre-constructed to be handicap accessible Safety of the inhabitant is difficult for the City to regulate
Separate living space for senior or injured
- offers privacy and independent style living The unit is small and the resident may feel cramped
Offers a less expensive alternative than an addition The yearly cost of the unit is not inexpensive
ADU's a permanent and create density, vs temporary
dwellings not increasing density
Building and Electric codes need to be met for safety
reasons, increasing the cost of a temporary installation
Allows family to care for inhabitant easier than an
assisted living facility
The unit has substantial improvement costs for a
temporary use
A less expensive alternative than an assisted living
facility
City code requires that all homes be on a permanent
foundation
City Code Requires that all homes have a width of 18', the
temporary units have an 8' width
City code would require the unit to be on a paved surface
if it were not a permanent foundation, increasing costs
The unit separates the inhabitant from the main home
and residents
Emergency services may have difficulty knowing where
the infirmed person is located, the main home or the
temporary unit
The units will be expensive to heat in winter months
Access to the unit for the inhabitant will need to be
maintained
-a paved walkway may need to be installed
Access for septic pumping will need to be available and
may disturb neighboring properties
The septic tank will need to be pumped regularly
State law does not provide guidance on how the City will
regulate the safety of the inhabitant
State law does not provide guidance for the City if the
unit is inhabited longer than the maximum of one year
Installation of the units may be difficult without access
onto neighboring properties
The designers of the units have not made clear what will
be done with "grey water"
- It is a health and safety hazard to dump "grey water"
onto a yard
Temporary Family Health Care Dwellings Pro and Con List
Urban Affairs
October 26, 2016 Urban Affairs Background Material
CITY OF APPLE VALLEY
ORDINANCE NO. 1013
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
A1 IENDiNG CHAPTER 155 OF THE CITY CODE ENTITLED "ZONING" BY
ADDING SECTION 155.500 UNDER WHICH THE CITY"OPTS-OUT" OF
THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593
LAWS 2016, CHAPTER 111, SECTION 3) GOVERNING TEMPORARY
FAMILY HEALTH CARE DWELLINGS
The City Council of Apple Valley ordains:
Section 1. Chapter 155 of the Apple Valley City Code is hereby amended by adding
Section 155.500 to read as follows:
155.500. OPT-OUT OF TEMPORARY FAMILY HEALTH CARE DWELLING
ZONING LAWS.
A) Purpose. On May 12, 2016, Governor Mark Dayton signed into law the creation and
zoning regulations of temporary family health care dwellings, as defined in and codified as
Minn. Stat. § 462.3593 (Laws 2016, Chapter 111, Section 3). This new law provides that a
municipality may, by ordinance, "opt out" of the application of the requirements of this new law.
Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, it is in the
best interest of the City and its residents that the City of Apple Valley not be subject to the
mandates of Minnesota Statutes, Section 462.3593 requiring temporary dwellings be allowed in
residential districts.
B) Exercise of Opt-out. The City opts out of the application of the requirements of Laws
2016, Chapter 111, section 3, codified at Minn. Stat. §462.3593, and accordingly the provisions
therein shall not apply within the City.
Section 2. Effective date. This ordinance shall be effective immediately upon its passage
and publication.
PASSED this 28th day of July, 2016.
M H olan , Mayor
ATTEST:
a:
Pamela J. k tter, City Clerk
Sec. 3. [462.3593] TEMPORARY FAMILY HEALTH CARE DWELLINGS.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms
have the meanings given.
(b) "Caregiver" means an individual 18 years of age or older who:
(1) provides care for a mentally or physically impaired person; and
(2) is a relative, legal guardian, or health care agent of the mentally or physically
impaired person for whom the individual is caring.
(c) "Instrumental activities of daily living" has the meaning given in section
256B.0659, subdivision 1, paragraph (i).
(d) "Mentally or physically impaired person" means a person who is a resident
of this state and who requires assistance with two or more instrumental activities of daily
living as certified in writing by a physician, a physician assistant, or an advanced practice
registered nurse licensed to practice in this state.
(e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling,
uncle, aunt, nephew, or niece of the mentally or physically impaired person. Relative
includes half, step, and in-law relationships.
(f) "Temporary family health care dwelling" means a mobile residential dwelling
providing an environment facilitating a caregiver's provision of care for a mentally or
physically impaired person that meets the requirements of subdivision 2.
Subd. 2. Temporary family health care dwelling. A temporary family health care
dwelling must:
(1) be primarily assembled at a location other than its site of installation;
(2) be no more than 300 gross square feet;
(3) not be attached to a permanent foundation;
(4) be universally designed and meet state-recognized accessibility standards;
(5) provide access to water and electric utilities either by connecting to the
utilities that are serving the principal dwelling on the lot or by other comparable means;
Page 4 of 6Chapter 111 - Minnesota Session Laws
5/31/2016https://www.revisor.mn.gov/laws/?id=111&year=2016&type=0
(6) have exterior materials that are compatible in composition, appearance, and
durability to the exterior materials used in standard residential construction;
(7) have a minimum insulation rating of R-15;
(8) be able to be installed, removed, and transported by a one-ton pickup truck as
defined in section 168.002, subdivision 21b, a truck as defined in section 168.002,
subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38;
(9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an
Industrialized Buildings Commission seal and data plate or to American National
Standards Institute Code 119.2; and
(10) be equipped with a backflow check valve.
Subd. 3. Temporary dwelling permit; application. (a) Unless the municipality
has designated temporary family health care dwellings as permitted uses, a temporary
family health care dwelling is subject to the provisions in this section. A temporary family
health care dwelling that meets the requirements of this section cannot be prohibited by a
local ordinance that regulates accessory uses or recreational vehicle parking or storage.
(b) The caregiver or relative must apply for a temporary dwelling permit from
the municipality. The permit application must be signed by the primary caregiver, the
owner of the property on which the temporary family health care dwelling will be located,
and the resident of the property if the property owner does not reside on the property, and
include:
(1) the name, address, and telephone number of the property owner, the resident
of the property if different from the owner, and the primary caregiver responsible for the
care of the mentally or physically impaired person; and the name of the mentally or
physically impaired person who will live in the temporary family health care dwelling;
(2) proof of the provider network from which the mentally or physically
impaired person may receive respite care, primary care, or remote patient monitoring
services;
(3) a written certification that the mentally or physically impaired person
requires assistance with two or more instrumental activities of daily living signed by a
physician, a physician assistant, or an advanced practice registered nurse licensed to
practice in this state;
(4) an executed contract for septic service management or other proof of
adequate septic service management;
(5) an affidavit that the applicant has provided notice to adjacent property
owners and residents of the application for the temporary dwelling permit; and
(6) a general site map to show the location of the temporary family health care
dwelling and other structures on the lot.
(c) The temporary family health care dwelling must be located on property
where the caregiver or relative resides. A temporary family health care dwelling must
comply with all setback requirements that apply to the primary structure and with any
maximum floor area ratio limitations that may apply to the primary structure. The
temporary family health care dwelling must be located on the lot so that septic services
and emergency vehicles can gain access to the temporary family health care dwelling in a
safe and timely manner.
(d) A temporary family health care dwelling is limited to one occupant who is a
mentally or physically impaired person. The person must be identified in the application.
Only one temporary family health care dwelling is allowed on a lot.
Page 5 of 6Chapter 111 - Minnesota Session Laws
5/31/2016https://www.revisor.mn.gov/laws/?id=111&year=2016&type=0
(e) Unless otherwise provided, a temporary family health care dwelling installed
under this section must comply with all applicable state law, local ordinances, and charter
provisions.
Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is
valid for six months. The applicant may renew the permit once for an additional six
months.
Subd. 5. Inspection. The municipality may require that the permit holder provide
evidence of compliance with this section as long as the temporary family health care
dwelling remains on the property. The municipality may inspect the temporary family
health care dwelling at reasonable times convenient to the caregiver to determine if the
temporary family health care dwelling is occupied and meets the requirements of this
section.
Subd. 6. Revocation of permit. The municipality may revoke the temporary
dwelling permit if the permit holder violates any requirement of this section. If the
municipality revokes a permit, the permit holder has 60 days from the date of revocation to
remove the temporary family health care dwelling.
Subd. 7. Fee. Unless otherwise provided by ordinance, the municipality may
charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit.
Subd. 8. No public hearing required; application of section 15.99. (a) Due to the
time-sensitive nature of issuing a temporary dwelling permit for a temporary family health
care dwelling, the municipality does not have to hold a public hearing on the application.
(b) The procedures governing the time limit for deciding an application for the
temporary dwelling permit under this section are governed by section 15.99, except as
provided in this section. The municipality has 15 days to issue a permit requested under
this section or to deny it, except that if the statutory or home rule charter city holds regular
meetings only once per calendar month the statutory or home rule charter city has 30 days
to issue a permit requested under this section or to deny it. If the municipality receives a
written request that does not contain all required information, the applicable 15-day or 30-
day limit starts over only if the municipality sends written notice within five business days
of receipt of the request telling the requester what information is missing. The municipality
cannot extend the period of time to decide.
Subd. 9. Opt-out. A municipality may by ordinance opt-out of the requirements of
this section.
Sec. 4. EFFECTIVE DATE. This act is effective September 1, 2016, and applies to
temporary dwelling permit applications made under this act on or after that date.
Presented to the governor May 12, 2016
Signed by the governor May 12, 2016, 1:27 p.m.
Page 6 of 6Chapter 111 - Minnesota Session Laws
5/31/2016https://www.revisor.mn.gov/laws/?id=111&year=2016&type=0
Next Door Housing 8’ x 30’ “Drop Home”
MED Cottage 12’ x 24’ “Granny Pod”
EXAMPLES
TEMPORARY HEALTH CARE DWELLING UNITS
Utilities
•Heating and Utilities powered by electrical connection to
50 amp service from 50 amp electrical cord. Most
residential properties need to retrofit an outdoor outlet
to provide 50 amp service.
•Water connection from insulated hose to outdoor faucet
•Self-contained septic tank must be regularly pumped
Photo by Andrew VonBank Photo Next Door Housing
January 11, 2017 Urban Affairs Background Material
Urban Affairs January 11, 2017 Background Material
The table below details the costs of installation and one year cost to maintain a Next Door
Housing trailer unit. One year is the maximum time permitted by the state law. Next Door
Housing partnered in writing the law, and was the company issued the grant to study how to
address the need for senior temporary housing. The table includes expenses such as the unit
rental, which is a known cost. The table also includes expenses such as electrical installation,
which are estimated based on speaking with subject matter experts, such as electricians
Temporary Family Health Care Dwelling Estimated Costs
Monthly Yearly
Unit Rental $1,250 $15,000
Installation $500-$800 N/A
Electrical Installation $2,000-$2,800 N/A
Electric Heat/Cooling $80-$150 $960-1,800
Septic Pumping (bi-weekly) $80-$120 $2080-$3,120
Fresh Water Installation $ 1,800-$2,600 N/A
Total $22,340 - $26,120
Assisted Living Facilities
Staff also researched the cost of several assisted living fac ilities throughout the metro. These
costs can vary widely and are often based on an a la carte basis, where each additional service
is an extra monthly cost.
Assisted Living Costs
Name of Facility City Assisted Living
Cost (per Month) Yearly Cost
Meadow Ridge Senior Living Golden Valley $2,500 $30,000
The Landmark Fridley $3,400 $40,800
The Resident at North Ridge New Hope $1,450 $17,400
Carefree Cottages Maplewood $2,900 $34,800
Augustana Apple Valley $1,250 $15,000
Next Door Housing "Granny Pod" N/A $1,250 $15,000
Average MN Cost * N/A $3,362 $40,344
*Average Cost of Senior Assisted living cost for 2015 estimated by Mn.gov and Minnesota
Chamber of Commerce.
Costs in the table able are for assisted living facilities only. Some include services for nursing
staff to deliver medication, while others, like Augustana charge and additional $450 per month
for this service.
Accessory Dwelling Unit Requirements November 2016
Note: “--“ means no response/no information available.
City Zoning
District
Allowed
Type of Permit
Required
ADU Size Limits Owner
Occupied?
Limited to
Relative?
Number of
Tenants
Location on
Property
ADU Spacing
Requirements?
Comments
Apple Valley
(pop. 50,201)
R-1 (40,000
sf min. lot)
CUP No > 40% of primary residence
footprint. No < 300 sf. City may
approve larger with conditions.
Yes, either
primary or
ADU
-- (See
Note)
Max 3
people and
2 bedrooms
Within or
attached
Max 3 within 1/2 mile
radius
Cannot exceed max. 35% impervious on
a lot.
No conversion of garage unless 2
surface space is available. No special
parking permits.
Apple Valley
(pop. 50,201)
PD-703
(Cobblestone
Lake)
Permitted
accessory use
Zone 1
No > 900 sf -- -- -- Within,
attached or
detached
-- Exterior materials same as primary
structure.
Bloomington
(pop. 86,319)
R-1, RS-1 Annual Rental
license
300 sf min. but must be less than
960 sf. ADU floor area must not
exceed 33% of the four season
living area of the primary dwelling
(exclusive of the accessory
dwelling unit). The associated
single-family dwelling unit must
continue to meet minimum floor
area requirements.
Only one
rental
license
permitted
per
property
-- Limited to 2
persons
and 2
bedrooms
Attached or
within
Min lot size 11,000 sq. ft. for ADU
Must be constructed to allow conversion
back to single family residence.
Must be attached to the four season
living space of single family home.
Separate metering to ADU prohibited.
Brooklyn Park
No response
Burnsville
Not permitted
Chanhassen “Temporary”
Variance
Must have demonstrated need based
on disability, age, or financial hardship.
Variance for temporary use of a single-
family dwelling as a two-family dwelling
as long as conditions continue to apply.
Dwelling must have appearance of
single family home including maintain
one driveway and one entrance.
Cottage Grove
(pop. 35,399)
UR (Urban
Reserve)
R-1, R-2.5, R-
2A, R-2B, R-
2C, R-2D, R-
2E, R-2F
2-year License -- Yes, either
primary or
ADU
--
--
Only inside the
existing
structure (no
detached, no
expansion for
Access Apt.)
No more than 10% of
homes in one block can
have access. apt
No issues with ordinance. Units have been
there a long time.
Eagan
(pop. 65,453)
Single family
home
ADU registration No less than 300 sf and no more
than 960 sf, or 33% of the primary
residences footprint, whichever is
less.
Yes, either -- Max 2
persons
and 2
bedrooms.
Only attached
or within, no
detached.
Not permitted if lot coverage exceeds or
will exceed 20%.
Eden Prairie
Not permitted
Accessory Dwelling Unit Requirements November 2016
Note: “--“ means no response/no information available.
City Zoning
District
Allowed
Type of Permit
Required
ADU Size Limits Owner
Occupied?
Limited to
Relative?
Number of
Tenants
Location on
Property
ADU Spacing
Requirements?
Comments
Inver Grove Heights
(pop. 34,344)
Rental License
1,000 sf or less on lots 2.5 acres
or less.
1,600 sf or less on lots larger than
2.5 acres
Yes, either
--
Max 3
Either within
residence or
detached.
Detached only
if one acre or
larger, shares
same septic.
At least one occupant must be actively
working on the farm.
Long Lake CUP No > 900 sf Yes, must
be relative
of principal
unit
Only one ADU per lot.
Lot must be twice size min. lot required
by code.
Maple Grove
Not permitted
Minneapolis
(pop. 400,070)
Admin permit
Above
detached
garages.
N/A Intended to help provide affordable
housing.
Minnetonka
(pop. 51,368)
CUP No more than 35% gross living
area of house or 950 sq. ft.,
whichever smaller. Larger may be
approved by City Council
Yes, either
--
--
Allows
conversion of
living space,
not garage
space.
N/A City Council views as important tool for
achieving affordable housing goals. No
complaints in 8 years, not controversial.
Plymouth
(pop. 73,987)
Rental License No > 1,000 sf Yes, either -- -- Only above
attached or
detached
garage.
N/A Only allowed in SF or PUD developments
approved after June 2001. Only allowed
in 2 developments.
Must be built at same time as principal
structure.
St. Paul
(pop. 294,873)
RL, R1-R-4,
T1 & T2
CUP -- Only
where Carriage
Home Apt
originally
constructed for
housekeeping
staff.
No more than 30% of building’s
total floor area or 800 sf,
whichever is less.
Detached
garage only
where carriage
apt already
constructed.
N/A
Stillwater Max. 800 sf Attached or
detached.
Min lot size based on residential zoning
district
White Bear Lake CUP No < 200 sf, nor > 880 sf, or 40%
of habitable area of principal
structure, whichever is less.
Woodbury
Not permitted
February 13, 2017 Urban Affairs Background Material
What Home Improvements are Needed for Accessibility
Projects to modify homes to increase accessibility vary widely depending upon a person’s needs.
The AARP estimates that 87% of people age 65+ want to stay in their current home and
community for as long as possible1. In order to age in place, and in order to accommodate an ill
or convalescing family member, it may be necessary to make modifications to the home to make
it accessible, safer and more comfortable. It could mean modifying a living, family or dining
room to adapt to the needed use for a period of time. In-home improvements can range from
simply installing grab bars in the shower and lever pull door handles , to installing stair lifts and
elevators. Another variable is whether a person chooses to make improvements themselves or
hire professional contractors. Below is a list of accessibility modifications with rough cost
estimate
Improvement Estimated Cost
Widen doorways for wheel chair $400 to $600 each
Install lever-style doorknobs $20/each
Grab bars in bathroom (professionally installed) $100/each
Replace flooring with slip-resistant material $3 to $5/sq. ft.
Install wheel chair ramp $1,500
Adjust kitchen countertops (reduce from 34” to
30”)
$5,000 for 30 linear feet
Chairlift $3,000 - $4,000
Elevator $20,000
Source: “Aging in Place: Home Renovations for Seniors,” NerdWallet.com, April 4, 2016
What Other Supports are Available?
When a family decides to care for an elderly family member in their home, several supports in
addition to housing modifications, are needed. In-home services for chores, personal care and
health services are options. One option for support would be senior day centers.
Senior Day Centers
Several elder communities and retirement homes also specialize in senior day centers, also
named adult daycare, or adult day communities. These day communities do not house the senior,
but give them a safe place to stay and meet new people during the day. The hours are typically
7:30 a.m. – 5:30 p.m. and allow a senior to be in a welcoming environment with scheduled
activities, therapy, and community. Senior day centers must be licensed by the state and typically
include the following:
An RN on duty, allowing dispersal of medications and emergency care
Scheduled activities for seniors
o Pool aerobics
o Stretching in place
1 AARP PPI, “Preferences of Older Adults,” April 2014
o Games
o Dancing
o Fieldtrips to community events
Physical exercises are required by the state and are approved by a physical therapist
Resources for primary caregivers
The popularity of senior day centers has been increasing, as it is a more affordable option than
senior housing. Augustana charges $84 for 6 hours and $14 an hour for each hour beyond 6,
which according to Augustana is a fairly standard rate in the senior day community. In
comparison, most in-home care is $25 an hour and requires a minimum of a 3 hour commitment.
November 21, 2016 Page 3 of 7 2016-R-0299
Table 1: Comparison of States’ THS Laws
Minnesota
Minn. Stat. § 394.307
North Carolina
N.C. Gen. Stat. § 160A-383.5
Tennessee
Tenn. Code § 13-5-501 et seq.
Virginia
Va. Code § 15.2-2292.1
Ability to
Opt Out
Yes No Yes No
Local
Regulation
Unless a county opts out of the law’s
requirements, qualifying structures
cannot be prohibited by a local
ordinance that regulates accessory
uses or recreational vehicle parking or
storage
State requirements do not apply if the
county has designated these
structures as permitted uses
Structures must comply with setback
requirements and maximum floor area
ratio limitations
Qualifying structures must be permitted
accessory uses in single family residential
zoning districts on lots zoned for single-
family detached dwellings
Prohibits requiring special use permits for
the structures and any other requirements
beyond those imposed on authorized
accessory structures
Structures must comply with setback
requirements and maximum floor area
ratio limitations
Authorizes local zoning ordinances to
consider qualifying structures as
permitted accessory uses in single
family residential zoning districts on lots
zoned for single-family detached
dwellings
Structures must comply with local
requirements concerning this type of
accessory dwelling
Structures must comply with setback
requirements and maximum floor area
ratio limitations
Qualifying structures must be
permitted accessory uses in single
family residential zoning districts on
lots zoned for single-family
detached dwellings
Prohibits requiring special use
permits for the structures and any
other requirements beyond those
imposed on authorized accessory
structures
Structures must comply with
setback requirements and
maximum floor area ratio limitations
Qualifying
Occupants
A Minnesota resident requiring
assistance, as certified by a state-
licensed physician, physician
assistant, or advanced practice
registered nurse, with at least two
daily living activities (i.e., meal
planning and preparation; basic
assistance with paying bills; shopping
for food, clothing, and other essential
items; performing household tasks
integral to the personal care
assistance services; communication
by telephone and other media; and
traveling, including to medical
appointments and to participate in the
community)
Occupancy limited to one individual
A North Carolina resident requiring
assistance, as certified by a state-
licensed physician, with at least two daily
living activities (i.e., bathing, dressing
personal hygiene, ambulation or
locomotion, transferring, toileting, and
eating)
Occupancy limited to one individual
Tennessee resident who requires
assistance, as certified by a state-
licensed physician, with at least two
daily living activities
Occupant must require extended home-
based medical care, rehabilitation, or
the provision of home- and community-
based support and assistance
Occupancy limited to one individual
A Virginia resident requiring
assistance, as certified by a state-
licensed physician, with at least two
daily living activities (i.e., bathing,
dressing, toileting, transferring,
bowel or bladder control, and eating
or feeding)
Occupancy limited to one individual,
unless the occupants are a married
couple, one of whom meets the
above requirements; the other must
require assistance with at least one
daily living activity, as certified by a
state-licensed physician
Page 3 of 45
November 21, 2016 Page 4 of 7 2016-R-0299
Table 1 (continued)
Minnesota
Minn. Stat. § 394.307
North Carolina
N.C. Gen. Stat. § 160A-383.5
Tennessee
Tenn. Code § 13-5-501 et seq.
Virginia
Va. Code § 15.2-2292.1
Qualifying
Caregivers
Adult who is a relative (spouse, parent,
grandparent, child, grandchild, sibling, uncle,
aunt, nephew, or niece, including half, step, and
in-law relationships), legal guardian, or health
care agent of the qualifying individual for whom
he or she is caring
Adult who provides care for a qualifying
individual and is a first or second degree
relative of the individual (i.e., spouse, lineal
ascendant or descendant, sibling, uncle,
aunt, nephew, or niece, including half, step,
and in-law relationships)
Caregiver must own or occupy the property
on which the structure sits, unless the
structure sits on the same lot or parcel as the
residence of the qualifying occupant’s legal
guardian
Adult who is related by blood,
marriage, or adoption to, or the
legally appointed guardian of,
the qualifying individual for
whom he or she is caring
Caregiver must own or occupy
the property on which the
structure sits
If structure is located on an
unrelated caregiver’s property,
the caregiver cannot be paid for
his or her services
Adult who is related by blood,
marriage, or adoption to, or
the legally appointed
guardian of, the qualifying
individual for whom he or she
is caring
Caregiver must own or
occupy the property on which
the structure sits
Page 4 of 45
November 21, 2016 Page 5 of 7 2016-R-0299
Table 1 (continued)
Minnesota
Minn. Stat. § 394.307
North Carolina
N.C. Gen. Stat. § 160A-383.5
Tennessee
Tenn. Code § 13-5-501 et seq.
Virginia
Va. Code § 15.2-2292.1
Structural
Requirements
Structure must be:
able to be installed, removed, and
transported by a truck, truck tractor,
or one-ton pickup truck
primarily assembled off-site
no more than 300 gross square feet
provide access to water and electric
utilities either by connecting to the
principal dwelling’s utilities or by other
comparable means
universally designed and meet state-
recognized accessibility standards
built to either (1) Minnesota state
building code regulations for
prefabricated structures or
industrialized/modular buildings, with
an Industrialized Buildings
Commission seal and data plate
evidencing the manufacturer's code
compliance, or (2) American National
Standards Institute Code Standards
located in an area that allows septic
services and emergency vehicles to
gain access in a safe and timely
manner
built with (1) exterior materials that
are compatible in composition,
appearance, and durability to those
used in standard residential
construction; (2) a minimum
insulation rating of R-15; and (3) a
backflow check valve to protect
potable water supplies
May not be on a permanent foundation
Only one allowed per lot or parcel
Must comply with all applicable state laws
and local ordinances
Structure must be:
transportable
primarily assembled off-site
no more than 300 gross square
feet
in compliance with applicable
state building codes, including
standards for single-family
modular homes
May not be on a permanent foundation
May be required to connect to any
water, sewer, and electric utilities
serving the principal residence and
must comply with all applicable state
and local laws and requirements,
including state building inspections, as if
the structure were permanent real
property
Only one allowed per lot or parcel
Structure must be:
transportable
primarily assembled off-site
no more than 500 gross square
feet
in compliance with applicable
state and county building codes
and other county codes, including
those related to plumbing and gas
built to comply with federal
Department of Housing and Urban
Development and Americans with
Disabilities Act accessibility
guidelines
May not be on a permanent foundation
May be required to connect to any water,
sewer, and electric utilities serving the
principal residence and must comply with
all applicable public health requirements
Only one allowed per lot or parcel
Must provide a healthcare environment
with environmental controls, biometric and
other remote monitoring technology,
sensors, and communication systems to
support extended home-based medical
care, rehabilitation, and the provision of
home- and community-based support
Structure must be:
transportable
primarily assembled off-
site
no more than 300 gross
square feet
in compliance with
applicable state building
codes
May not be on a permanent
foundation
May be required to connect to
any water, sewer, and electric
utilities serving the principal
residence and must comply with
all applicable public health
requirements
Only one allowed per lot or parcel
Page 5 of 45
November 21, 2016 Page 6 of 7 2016-R-0299
Table 1 (continued)
Minnesota
Minn. Stat. § 394.307
North Carolina
N.C. Gen. Stat. § 160A-383.5
Tennessee
Tenn. Code § 13-5-501 et seq.
Virginia
Va. Code § 15.2-2292.1
Local
Application
and Approval
Process
Anyone seeking to install a structure must
apply for a permit from the county; county
may charge up to $100 for a permit and up
to $50 for a renewal
Before applying for a permit, applicant
must notify adjacent property owners and
residents
No public hearing required
Permit is valid for 6 months and may be
renewed once for an additional 6 months
Anyone seeking to install a structure
must apply for a local permit; city may
charge up to $100 for a permit and up
to $50 annually for a renewal
City must grant the permit if the
applicant provides sufficient proof of
compliance with the law
Anyone seeking to install a structure
must apply for a local permit; local
government may charge up to $100 for
a permit
Local government must grant the
permit if the applicant provides
sufficient proof of compliance with the
law
Anyone seeking to install a
structure must apply for a local
permit; Local government may
charge up to $100 for a permit
Local government must grant the
permit if the applicant provides
sufficient proof of compliance
with the law
Local
Oversight
County may require permittees to provide
evidence of compliance as long as the
structure remains on the property,
including allowing inspections of the
structure
City may require permittees to provide
annual evidence of compliance as
long as the structure remains on the
property, including annual renewal of
the doctor’s certification
Structure subject to inspections as
often as required to ensure
compliance
Local government may require
permittees to provide annual evidence
of compliance as long as the structure
remains on the property
Structure subject to inspections as
often as required to ensure compliance
Local government may require
permittees to provide annual
evidence of compliance as long
as the structure remains on the
property
Structure subject to inspections
as often as required to ensure
compliance
Removal
Requirements
Structure may be located on property for
only one year
Must be removed within 60 days of
the date the qualifying occupant stops
receiving or needing care, unless
structure is needed for another
qualifying occupant
Must be removed within 30 days of the
date the qualifying occupant stops
receiving or needing care
After the 30-day period passes,
property owner may be fined $50 per
day
Must be removed within 60 days
of the date on which it was last
occupied by a qualifying
occupant
Enforcement
Action
County may revoke permit for violations (if
revoked, structure must be removed within
60 days)
City may revoke permit for violations
and seek injunctive relief or other
judicial actions to ensure compliance
with this law and the law concerning
cisterns and rain barrels
Local government or agent may revoke
permit for violations and seek
injunctive relief or other judicial actions
to ensure compliance
Local government or agent may
revoke permit for violations and
seek injunctive relief or other
judicial actions to ensure
compliance
Page 6 of 45
November 21, 2016 Page 7 of 7 2016-R-0299
Table 1 (continued)
Minnesota
Minn. Stat. § 394.307
North Carolina
N.C. Gen. Stat. § 160A-383.5
Tennessee
Tenn. Code § 13-5-501 et seq.
Virginia
Va. Code § 15.2-2292.1
Tax
Treatment
Not explicitly stated in the statute;
according to the League of Minnesota
Cities, these structures are treated as
personal property
Treated as personal property Not explicitly stated in the statute;
according to the State Board of
Equalization, these structures are
treated as real property
Not explicitly stated in the
statute; according to a county
revenue commissioner we
contacted, these structures are
likely treated as mobile homes,
which are assessed like real
property and taxed at the same
rate as real property
(For legal purposes other than
property taxation, mobile homes
may be classified as either real
or personal property, depending
on several factors)
RP/JSB:bs
Page 7 of 45
HOUSING
A
Increased Suburban
Intensity in key areas
Variety of housing "
types for a variety of
incomes and lifestyles:
Single story, single"
family attached and
detached independent "
living homes.
Grandparent housing"
Integrated Affordable
Housing.
A
Variety of housing
types for a variety
of incomes and lifestyles:
Multi-family independent
living (elevator served)
…Mixed-Use Residential
Senior Retirement age
specific housing"
Communities
Increased Suburban
Intensity
HOUSING
B
Age in Place:
Ability to modify or alter
existing homes
Accessory Dwelling units"
HOUSING
Information ‘clearing "
house’ for residential "
retrofit/remodeling.
Partnership with"
institutions and service"
providers.
Funding.
Alterations:
Ramps & Lifts
Landscape design
example: "
Raised beds
"
Age in Place:
Ability to modify or "
alter existing homes
HOUSING
Universal Design
Certification
Encouraged
Features:
Zero-step entrances.
Roll-in showers.
Wheelchair friendly
corridor dimensions.
HOUSING
"
Universal Kitchen
Proper heights"
of cabinets,
surfaces, controls,
switches and lever
handles.
Universal Design
Certification "
Encouraged
(‘Eskaton’)
HOUSING
Innovations that bring age-friendly living to life.
Vitalocity!
SM
3/23/2017
1
City Council
Review of Urban Affairs
Committee’s Work on
Temporary Family
Health Care Dwellings
March 23, 2017
What is a Temporary Health
Care Dwelling?
•MN Statutes, § 462.3593 (Laws 2016, Chapter 111,
Section 3) Governing Temporary Family Health
Care Dwellings enacted May 12, 2016.
•Temporary structure 300 sq. ft. or less, able to be
transported by one‐ton pickup truck.
•Designed to be compatible with residential
structures with lap siding, asphalt shingle roof,
windows and residential doors.
•Placed on a driveway or in rear yard of a single
family lot.
•For the purpose of providing care for an ill or
convalescing family member in a separate dwelling
unit for a short period of time.
3/23/2017
2
Utilities
•Heating and Utilities powered by electrical connection to
50 amp service from 50 amp electrical cord. Most
residential properties need to retrofit an outdoor outlet
to provide 50 amp service.
•Water connection from insulated hose to outdoor faucet
•Self‐contained septic tank must be regularly pumped
Photo by Andrew VonBank Photo Next Door Housing
3/23/2017
3
Example ADU (Carriage
House) in Cobblestone
3/23/2017
4
Other State Provisions
•Minnesota and Connecticut are the only states with an
“opt‐out” provision.
•Minnesota was the first state to place a time restriction
(one year). Connecticut adopted this provision as well.
•Unlike all other states, Minnesota did not require
“connection” to water, sewer, and electric OR allow cities
to include provisions on how these connections meet
code.
•Minnesota required “access” to utilities.
•Minnesota has the most days below 32 degrees of the
states which adopted health care dwelling laws.
Typical Home Improvements
for Accessibility
Improvement Estimated Cost
Widen doorways for wheel chair $400 to $600 each
Install lever‐style doorknobs $20/each
Grab bars in bathroom
(professionally installed)
$100/each
Replace flooring with slip‐resistant
material
$3 to $5/sq. ft.
Install wheel chair ramp $1,500
Adjust kitchen countertops (reduce
from 34” to 30”)
$5,000 for 30 linear feet
Chairlift $3,000 ‐$4,000
Elevator $20,000
Source: “Aging in Place: Home Renovations for Seniors,” NerdWallet.com, April 4,
2016
3/23/2017
5
Senior Day Centers
•Alternative to a housing option.
•Provides seniors with a community and safe area to spend a
day.
•Lower cost option at $84 for 6 hours and $14 an hour after
that (Augustana).
•In home care is $25 an hour on the low end.
•Licensed by the state to provide a safe environment.
•Activities including:
Pool aerobics Stretching in place
Low intensity workouts Games
Field Trips Dancing
Vitalocity!
•In the spring of 2015 City Council accepted a presentation of
ideas and philosophy called Vitalocity!
•Vitalocity! Is about incorporating aging‐friendly principals into
the community’s social, economic, and physical infrastructure.
•This philosophy was embraced by the City Council .
•Housing and aging‐in‐place are key components Vitalocity!
•Urban Affairs continues to demonstrate the City’s
commitment to being a community for a lifetime.
3/23/2017
6
Vitalocity!
Findings and Recommendation
On July 28, 2016, the Apple Valley City Council considered a State Law
regulating Temporary Family Health Care Dwellings. At that meeting,
the City Council voted unanimously to “Opt‐out” of the State Law
provisions, but asked the Urban Affairs Committee to conduct
additional review of the structures and to provide its findings back to
the City Council. The following are the Urban Affairs Committee’s
findings:
1. Families and individuals sometimes need to find affordable health
care for ill, disabled and elderly family members quickly.
2. Temporary Family Health Care Dwellings were suggested as a
temporary, affordable, and quick‐to‐deploy alternative to allow
families to care for ill, injured and convalescing loved‐ones near
the family for a limited period of time.
3/23/2017
7
Findings and Recommendation
3. The Urban Affairs Committee reviewed the dwellings in
more detail and found that there are some benefits to the
units, but that there are building code, zoning code, and
public safety issues that outweigh the benefits of the units
at this time (see attached “Pro and Con” list).
4. Allowing families to care for convalescing relatives is
beneficial for the community.
5. The City of Apple Valley residents are aging and innovative
solutions should continue to be explored to provide families
health care and support options. Expanding the use of
Accessory Dwelling Units would be one tool to enable
families to care for family members.
Findings and Recommendation
6. The City of Apple Valley should continue the work that began in
2014 and 2015 to create a community for a lifetime which became
Vitalocity!
7. Vitalocity! found that in addition to housing, the following nine
elements are needed to create a community for a lifetime.
Seniors need access to:
a. Housing choices and adaptations
b. Transportation choices including transit
c. Safe spaces and surroundings
d. Civic participation and employment
e. Communication and information
f. Community support and health services
g. Accessible public outdoor spaces and buildings
h. Respect and social inclusion
i. Social participation
3/23/2017
8
Findings and Recommendation
8. The principals that make a community accessible to seniors will also
benefit families and persons with special needs. A Community for a
Lifetime is accessible and welcoming to persons of all ages and abilities.
9. Facilitate education opportunities for seniors which promote home
improvements, health, and community building within the Apple Valley
Community. Utilize connections to existing institutions and promote
multi‐generational education opportunities.
Therefore, the Urban Affairs Committee recommends no change to the
Temporary Family Home Health Care Dwelling Opt‐out Ordinance, but that the
City continue the work of Vitalocity! to ensure the City of Apple Valley is a
vibrant, accessible, convenient and safe community for persons of all ages and
all abilities ‐a Community for a Lifetime. Apple Valley should continue to
explore opportunities and programs that allow families to use and improve
their homes to meet their family’s needs. This should include, but not be
limited to, evaluating changes in ordinance and zoning regulations that
encourage and facilitate the use of Accessory Dwelling Units (ADU). The
Committee further recommends Reevaluation of temporary family health care
dwellings in the future as the technology matures and potentially gains
acceptance in other Minnesota municipalities.
3/23/2017
9
I T E M: 7.
C O UNC I L ME E T I NG D AT E:March 23, 2017
S E C T I O N:Calendar of Upcoming Events
Description:
Approve Calendar of Upcoming Events
Staff Contact:
Stephanie Marschall, D eputy City Clerk
Department / Division:
City Clerk’s Office
AC T IO N RE Q UE S T E D :
Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is
hereby deemed a Special Meeting of the C ity Council.
S UM M ARY:
Day/Date Time Location Ev ent
Tue./Mar. 21 7:30 a.m.Apple Valley
Community C enter
Special Informal Meeting - Parks &
Recreation Advisory Committee
Wed./Mar. 22 11:00 a.m.On-Site Title Ribbon C utting C eremony
T hur./Mar. 23 8:00 a.m.-4:00 p.m.Best Western Capitol
Ridge, St. Paul
2017 LMC Legislative C onference
for C ities
T hur./Mar. 23 6:00 p.m.Municipal C enter ED A Meeting
T hur./Mar. 23 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
T hur./Mar. 30 4:30-7:30 p.m.Municipal C enter Special Informal Planning C ommission
Meeting
Fri./Mar. 31 1:00 p.m.Legends of Apple
Valley Ground Breaking C eremony
Tue./Apr. 4 7:30-9:00 a.m.Pregnancy Choices
Life Care Center Chamber C offee Connection
Wed./Apr. 5 7:00 p.m.Municipal C enter Planning Commission Meeting
T hur./Apr. 6 9:00-11:00 a.m.Metro C ities,
St. Paul, MN
Metropolitan C ouncil Environmental
Services Forum
Sat./Apr. 8 9:00 a.m.-3:00 p.m.Dakota C ounty
Western Service C enter Home & Garden Expo
T hur./Apr. 13 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting
T hur./Apr. 13 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
Tue./Apr. 18 2:00 p.m.Municipal C enter Cemetery Advisory Committee
Meeting
Wed./Apr. 19 7:00 p.m.Municipal C enter Planning Commission Meeting
Wed./Apr. 19 9:00 a.m.Municipal C enter Firefighters Relief Association
Meeting
T hur. Apr. 20 4:30-6:30 p.m.Lakeview Bank,
Lakeville, MN J oint Chamber Business After Hours
T hur./Apr. 20 5:00 p.m.
University Club,
St. Paul 2017 Metro C ities Annual Meeting
T hur./Apr. 27 6:00 p.m.Cortland Development
Park
Special Informal Meeting - Arbor Day
Tree Planting Ceremony
T hur./Apr. 27 6:45 p.m.Municipal C enter Volunteer Recognition Reception
T hur./Apr. 27 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
B AC K GRO UND :
Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social
Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social
gathering. Only at events marked with an asterisk will any action of the Council take place.
B UD GE T IM PACT:
N/A