HomeMy WebLinkAbout07/27/2017 Meeting
M eeting L ocation: M unicipal C enter
7100 147th S treet West
Apple Valley, M innesota 55124
July 27, 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 J uly 13, 2017, Regular Meeting
B.A pprove State Gambling Exempt Permit for Apple Valley Ducks
Unlimited, Chapter 185, at Bogart's/Apple Place Bowl, 14917 Garrett
Avenue, on September 13, 2017
C .A pprove Issuance of Temporary On-Sale 3.2 Percent Malt Liquor
License for Apple Valley American Legion Post 1776, on September 9,
2017, Outdoors at 14521 G ranada Drive
D.A dopt Resolution Setting Public Hearing, at 7:00 p.m. on August 24,
2017, for New On-Sale Intoxicating Liquor and Special License for
Sunday Liquor Sales for MJ A Restaurants Apple Valley, LLC , d/b/a
P R's Sports Bar, 14889 Florence Trail
E.Receive Firefighters Relief Association Certification of 2018 Financial
Requirements
F.A pprove Reduction of Financial Guarantee
G.A uthorize Staff to Prepare and Negotiate Lease Terms with Tenants at
O ld C ity Hall
H.A dopt Resolution Approving Valley Middle School Final Plat and
Waiver of Development Agreement
I.A dopt Resolution Approving Plans and Specifications for Project 2017-
110, 2017 Utility Improvements, and Authorizing Advertising for Receipt
of Bids at 10:00 a.m. on A ugust 15, 2017
J .A dopt Resolution Approving Plans and Specifications for Project 2017-
162, Hayes Arena Stormwater Retrofits, and Authorizing Advertising
for Receipt of Bids at 10:00 a.m. on August 15, 2017
K.A dopt Resolution Amending Plans and Specifications for Project 2016-
138, 2016 Galaxie Avenue and 140th Street Traffic Signal Improvements
L.A dopt Resolution Awarding Agreement for Project 2017-135, C S A H 42
and Embry Path Intersection Improvements
M.A pprove Water Quality Improvement C ost Share Program Agreement
with Maxwell and C hristine C hessler for Raingarden and Native Garden
Installation at 6905 135th Street W.
N.A pprove Agreement with Krueger Excavating, Inc., for Project 2017-173,
2017 Water Break - Gate Valve Repairs
O.A pprove Agreement with Terri E. Langfus for Holyoke Area Drainage
Improvements on Lot 1, Block 2, Palomino Lakeside Meadows 3rd
A ddition (13933 Holyoke C ourt)
P.A pprove Change Order No. 1 on Agreement with Keys Well Drilling
C ompany for Project 2016-182, Well Pumps 5, 10, 14 and Low Zone
Pump 2 Maintenance, and Approve Acceptance and Final Payment
Q.A pprove Change Order No. 1 on Agreement with Sewer Services, Inc.,
for Project 2017-150, 2017 Sump C atch Basin C leaning, and Approve
A cceptance and Final Payment
R.A pprove Personnel Report
S.A pprove Claims and Bills
5.Regular Agenda Items
A.Recognize Service of Economic Development Authority Member Mike
Maguire
B.Proclaim August 1, 2017, as "Night to Unite"
C .Village Pointe Plaza/Zvago Apple Valley (7070 153rd Street W.)
1. Pass Ordinance Rezoning Property from PD-739, Zone 2, to P D-
739, Zone 1
2. Pass Ordinance Rezoning Property from PD-739, Zone 2, to P D-
739, Zone 4
3. Pass Ordinance A mending P D-739 (Recommend Waiving Second
Reading)
4. Direct Staff to Prepare Planned Development Agreement
5. Adopt Resolution Approving Subdivision by Preliminary Plat of
Village Pointe Plaza
6. Approve First Amendment to Metropolitan Livable C ommunities
Act Livable Communities Demonstration Account (LC D A) Grant
Agreement
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
I T E M: 4.A .
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Minutes of J uly 13, 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 J uly 13, 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
July 13, 2017
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held July 13, 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 Hills, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director
Bernstein, Police Captain Francis, Assistant City Administrator Grawe, Human Resources
Manager Haas, Finance Director Hedberg, City Planner Lovelace, Community Development
Director Nordquist, Police Chief Rechtzigel, and Public Works Director Saam.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the
Pledge of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of 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 Bergman, seconded by Goodwin, approving all items on the consent agenda
with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting
of June 22, 2017, as written. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, authorizing issuance of a 1 to 4 Day
Temporary On-Sale Liquor License to H.O.O.A.H. (Helping Out Our American
Heroes), by Minnesota Alcohol and Gambling Enforcement Division, for use on
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 13, 2017
Page 2
July 29, 2017, 11:00 a.m. to 11:00 p.m., in the north parking lot at Bogart’s/Apple
Place Bowl, 14917 Garret Avenue, as described in the City Clerk’s memo. Ayes -
5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-107 amending
2017 operating budget for specific items. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the reduction of financial
guarantees for Quarry Ponds Fourth Addition from $190,407.00 to $125,768.70
and Regent’s Point Second Addition from $751,750.00 to $58,000.00, as listed in
the Community Development Department Assistant’s memo. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-108 awarding
the agreement for Project 2017-137, Central Maintenance Facility (CMF) and
Police Department Air Handling Unit Upgrades, to Grendahl Mechanical, LLC,
the lowest responsible bidder, in the amount of $165,485.00. Ayes - 4 - Nays - 0 -
Abstain - 1 (Grendahl).
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-109 awarding
the agreement for Project 2017-165, Galaxie Avenue Mill and Overlay
Improvements, to McNamara Contracting, Inc., the lowest responsible bidder, in
the amount of $475,635.50. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-110 awarding
the agreement for Project 2017-167, Cobblestone Lake Park Pavilion and
Restroom Building, to Klar Dig Construction, Inc., the lowest responsible bidder,
in the amount of $604,000.00. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Water Quality Improvement
Cost Share Program Agreement with Carol E. Johnson for native garden
installation at 5601 128th Street W, not to exceed $500.00, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Water Quality Improvement
Cost Share Program Agreement with Jesse and Joanna Cregan for raingarden
installation at 5688 133rd Street Court, not to exceed $500.00, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Water Quality Improvement
Cost Share Program Agreement with David E. and Karen E. Brean for raingarden
installation at 13630 Hanover Court, not to exceed $500.00, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Joint Powers Agreement for
Corridor Study with Dakota County for Cost Share related to Project 2017-109,
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 13, 2017
Page 3
Johnny Cake Ridge Road, subject to final revisions and changes as approved by
the City Administrator and City Attorney, and authorizing the Mayor and City
Clerk to sign the same Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Agreement for Project 2017-
172, Valley Middle Park Shelter Roofing, with Redline Architectural Sheet Metal,
LLC, in the amount of $30,360.00, and authorizing the Mayor and City Clerk to
sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Agreement for City of Apple
Valley Data Center Cooling Project Phase 2, with Kraft Contracting, LLC, in the
amount of $33,700.00, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, accepting Engineering-Inspections Office
Remodel as complete and authorizing final payment on the agreement with
Fendler Patterson Construction, in the amount of $6,905.11. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, accepting Liquor Store #1 HVAC Unit
Replacement and Repairs as complete and authorizing final payment on the
agreement with Nordic Services, Inc., d/b/a Nordic Mechanical Services in the
amount of $16,700.00. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, accepting Project 2017-142, Long and
Farquar Lakes Weed Management, as complete and authorizing final payment on
the agreement with Tonka Freshwater Harvesting Services, Inc., in the amount of
$13,600.00. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, accepting Project 2017-152, Hayes Park
Arena Compressor No. 4, as complete and authorizing final payment on the
agreement with Rink-Tec International, Inc., in the amount of $13,800.00. Ayes -
5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal and part-time
employees, and resignation of employees, as listed in the Personnel Report dated
July 13, 2017. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers
dated June 14, 2017, in the amount of $2,417,967.41; June 22, 2017, in the
amount of $708,073.62, and June 28, 2017, in the amount of $963,622.15. Ayes -
5 - Nays - 0.
END CONSENT AGENDA
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 13, 2017
Page 4
COBBLESTONE LAKE 9TH ADDITION
Mr. Lovelace reviewed the request by Stonebay Builders, LLC, and Essay Holdings, LLC, for an
ordinance amendment that reduces the minimum lot width within Zone 2 of Planned
Development No. 703 from 40 feet to 34 feet for lots located in Blocks 12 and 13 of Cobblestone
Lake 3rd Addition and the Cobblestone Lake 6th and 9th Additions; and for approval of the
Cobblestone Lake 9th Addition preliminary plat.
Discussion followed.
MOTION: of Grendahl, seconded by Bergman, waiving the procedure for a second reading
and passing Ordinance No. 1029 reducing the minimum lot width in Planned
Development No. 703/Zone 2 from 40 feet to 34 feet for lots located in Blocks 12
and 13 of Cobblestone Lake 3rd Addition and all lots in Cobblestone Lake 6th
and 9th Additions. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-111
approving the preliminary plat of Cobblestone Lake 9th, with conditions as
recommended by the Planning Commission. Ayes - 5 - Nays - 0.
COMMUNICATIONS
Mr. Lawell invited the public to the “Music in Kelley Park” concert series on Friday nights from
6:00 p.m. to 9:00 p.m.
Councilmember Bergman announced the Metropolitan Airports Commission (MAC) Noise
Oversight Committee (NOC) will hold a listening session at the Municipal Center on July 26,
2017, from 7:00 p.m. to 8:30 p.m. He then thanked all the staff who helped out with the
Freedom Days Parade. Lastly, he read a letter to the editor in the Sun Thisweek titled “With a
Cherry on Top”, and commended the officer and Police Department for the great
ambassadorship.
CALENDAR OF UPCOMING EVENTS
MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events
as included in the Deputy City Clerk’s memo, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 7:15 o’clock p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 13, 2017
Page 5
Respectfully Submitted,
/s/ Pamela J. Gackstetter
Pamela J. Gackstetter, City Clerk
Approved by the Apple Valley City Council
on . Mary Hamann-Roland, Mayor
I T E M: 4.B .
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove S tate Gambling E xempt Permit for A pple Valley D ucks Unlimited, Chapter 185, at
B ogart's/A pple P lace Bowl, 14917 Garrett Avenue, on September 13, 2017
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 issuance of a lawful gambling exempt permit, by the State Gambling C ontrol
Board, to A pple Valley Ducks Unlimited, Chapter 185, for use on September 13, 2017, at
Bogart's/Apple Place Bowl, 14917 Garrett Avenue, and waiving any waiting period for State
approval.
S UM M ARY:
Apple Valley Ducks Unlimited, C hapter 185, submitted an application for a gambling event
to be held at Bogart's/A pple Place Bowl, 14917 Garrett Avenue, on September 13, 2017.
T he application is on file should you wish to review it.
B AC K G RO UND :
Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar
year, for qualified nonprofit organizations, are issued by the State G ambling C ontrol
Board. Issuance is subject to approval or denial by the city in which the gambling activity is
to be conducted.
B UD G E T I M PAC T:
N/A
I T E M: 4.C.
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove I ssuance of Temporary On-S ale 3.2 Percent Malt L iquor L icense f or Apple Valley
A merican L egion Post 1776, on S eptember 9, 2017, Outdoors at 14521 Granada D rive
S taff Contact:
P amela J . G ackstetter
D epartment / D ivision:
C ity C lerk’s Office
AC T I O N RE Q UE S T E D:
Approve the issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to A pple
Valley American Legion, Post 1776, for use on September 9, 2017, outdoors at 14521
Granada D rive.
S UM M ARY:
Apple Valley A merican Legion, Post 1776, has filed an application for a Temporary On-Sale
3.2 Percent Malt Liquor License, in connection with its On-Sale C lub License and Special
License for Sunday Liquor Sales, for use outdoors at 14521 Granada Drive on September 9,
2017, from 10:00 a.m. to 4:00 p.m. T he application is in order and can be approved by the
City C ouncil.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
N/A
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution S etting Public Hearing, at 7:00 p.m. on A ugust 24, 2017, f or New On-Sale
I ntoxicating L iquor and Special L icense f or S unday L iquor S ales for MJ A Restaurants A pple
Valley, L L C, d/b/a P R's S ports B ar, 14889 F lorence Trail
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:
Adopt the resolution setting a public hearing, at 7:00 p.m. on August 24, 2017, on the
application for a new On-Sale Intoxicating Liquor and Special License for Sunday Liquor
S a l e s by MJ A Restaurants Apple Valley, LLC, d/b/a PR's Sports Bar, 14889 Florence
Trail.
S UM M ARY:
MJ A Restaurants Apple Valley, LLC , d/b/a PR's Sports Bar has submitted an application for
On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales for premises
located at 14889 Florence Trail. Attached is a resolution authorizing and directing staff to
publish a public hearing notice regarding the liquor license application.
B AC K G RO UND :
T he legal description of this premises is Lot 1, Block 1, Fischer Market Place 7th Addition.
T he property is zoned P D-646, Zone 2.
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 SETTING PUBLIC HEARING ON LICENSE APPLICATION
WHEREAS, the City Clerk has advised this Council that an application for “On-Sale
Intoxicating Liquor” and “Special License for Sunday Liquor Sales” has been received from
MJA Restaurants Apple Valley, d/b/a PR’s Sports Bar, on premises located at 14889 Florence
Trail; and
WHEREAS, City Code Section 111.24 requires the City Council to set and hold a public
hearing on such license applications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
1. A public hearing on said application shall be held before this Council at the time,
date and place specified in the Notice of Public Hearing attached to this resolution as
Exhibit A.
2. As required by the City Code, the City Clerk is hereby authorized and directed to
publish the hearing notice attached, in a timely manner, in the official City
newspaper.
ADOPTED this 27th day of July, 2017.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
Exhibit A
NOTICE OF PUBLIC HEARING
ON-SALE & SPECIAL SUNDAY INTOXICATING LIQUOR LICENSE APPLICATION
CITY OF APPLE VALLEY
NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota
County, Minnesota, will meet at the Municipal Center, 7100 147th Street W., on Thursday,
August 24, 2017, at 7:00 p.m., or as soon thereafter as possible. The purpose of the meeting will
be to hold a public hearing on the application of MJA Restaurants Apple Valley, d/b/a PR’s
Sports Bar, for “ON-SALE INTOXICATING LIQUOR” and “SPECIAL LICENSE FOR
SUNDAY LIQUOR SALES” pursuant to City Code Section 111.22.
The business, which will be operated in conjunction with the proposed licenses, is a
restaurant located at 14889 Florence Trail.
The owner/officer of the company is:
Michael Jon Adams - Chief Manager, Secretary, Chief Financial Officer, Treasurer
All interested parties will be given an opportunity to be heard at said time and place.
DATED this 27th day of July, 2017.
BY ORDER OF THE CITY COUNCIL
______________________________
Pamela J. Gackstetter
Apple Valley City Clerk
I T E M: 4.E .
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
Receive Firefighters R elief A ssociation C ertif ication of 2018 Financial R equirements
S taff Contact:
Nealon P. T hompson, F ire Chief
D epartment / D ivision:
F ire Department
AC T I O N RE Q UE S T E D:
Receive the A pple Valley Firefighter's Relief Association certification of 2018 financial
requirements.
S UM M ARY:
As indicated in Resolution 17-1 of the Apple Valley Firefighters Relief Association
(AVFRA), the Board of Trustees has certified the A ssociation's 2018 municipal financial
requirement. Notice of this obligation is to be received by the C ity on or before August 1st
of each year. T he municipal financial requirement was calculated in 2017 by means of an
actuarial valuation study completed by VanIwaarden. T he required tax levy for 2018 is
$104,987.00; however, in keeping with the past practice of matching 90% of the total
Minnesota State Fire Aid from the previous year, the amount requested is $253,420.00.
T he AVFRA Board of Trustees is not recommending or seeking a benefit level increase for
2018.
B AC K G RO UND :
T he AVF RA is a legal entity that receives and manages monies to provide retirement and
other benefits to its members (volunteer/pair-on-call firefighters) and beneficiaries (retired
volunteer/paid-on-call firefighters).
T he AVF RA has two major sources of revenue: Minnesota State Fire A id dollars and
property taxes the C ity of Apple Valley levies each year.
B UD G E T I M PAC T:
T he amount requested is included in the proposed 2018 General Fund Operating Budget.
AT TAC HM E NT S:
R esolution
Exhibit
Exhibit
2018 FIRE RELIEF TAX CERTIFICATION RESOLUTION
Per MS 69.773(5)
2015
to be paid
in
2016
2016
to be paid
in
2017
2017
to be paid
in
2018
a)Annual Normal Cost $236,806 $234,485 $226,758
b)Administrative Expenses $34,058 $36,674 $35,724
current X 1.035
c)Amortization Payment $133,947 $171,074 $124,083
d)Interest to Year End $0 $0 $0
1.ACTUARIAL REQUIREMENT $404,811 $442,233 $386,565
2.ESTIMATED FIRE STATE AID $259,829 $276,307 $281,578
3.SUBTOTAL (1-2)$144,982 $165,926 $104,987
(minimum obligation)
4.PRELIMINARY TAX LEVY $144,982 $165,926 $104,987
5.ADJUSTMENTS $114,847 $110,381 $176,591
6.ACTUAL TAX LEVY*$259,829 $248,676 $253,420
BENEFIT LEVEL ($/MO/YR)/($/YR) $45/$6700 $45/$6700 $45/$6700
2015 2016 2017
*As agreed with Council in June 1997, starting with the 1999 contribution, this amount
will be equal to Fire State Aid received in the previous year. This practice continued
until 2007 when Fire State Aid began to decrease. The city contribution was equal to the
minimum required obligation from 2010 through the 2014 contribution. Beginning with
the 2016 contribution, the city is again matching the Fire State Aid Amount (excluding
Supplemental Fire Aid). Beginning with the 2017 contribution, the Fire State Aid
amount includes the Supplemental Fire Aid, and the city has agreed to match 90% of the
total amount.
Form FIRE-16 Apple Valley Fire Relief Association
A B C D E
Active Members Per Year
Municipal 10% of in Relief Average
Contribution Surplus *Association [ (A + B + C) / D]
(From FIRE-16)(From FIRE-16)(From Actuarial)(From FIRE-16)
2016 281,578 259,830 0 59 9,176
(From FIRE-15)(From FIRE-15)(From Actuarial)(From FIRE-15)
2015 276,307 200,230 0 67 7,112
(From RF-14)(From RF-14)(From Actuarial)(From RF-14)
2014 259,829 266,388 0 65 8,096
* If deficit for the year, leave blank.
Average available financing per active member for the most recent 3-year period:8,128
(sum of column E divided by 3)
Maximum Lump Sum Benefit Level under Minn. Stat. § 424A.02, subd. 3 10,000
Maximum Monthly Benefit Level under Minn. Stat. § 424A.02, subd. 3 100.00
OFFICE OF THE STATE AUDITOR
2017 Maximum Benefit Worksheet
Fire State Aid and
Supplemental State
Aid
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Reduction of F inancial Guarantee
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 of financial guarantee.
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 this development indicates that the following action is in order:
1.Quarry Ponds Fourth Addition
(PC 15-47-ZS)
Project 2016-164
LO C #1110151
O riginal Deposit on 5/5/17 $487,925.00
Reduce now to $311,161.80
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:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A uthorize S taff to Prepare and Negotiate L ease Terms with Tenants at Old C ity Hall
S taff Contact:
B ruce Nordquist, A I C P, C ommunity Development Director
D epartment / Division:
C ommunity D evelopment Department
AC T I O N RE Q UE S T E D:
Authorize staff to prepare and negotiate lease terms with tenants at Old C ity Hall.
S UM M ARY:
Staff updated the C ity C ouncil J une 8, 2017, at an informal work session concerning
progress at Old C ity Hall, 14200 Cedar Avenue.
Since that meeting:
HVA C bids were received from 5 contractors and the consulting engineer for the City is
reviewing those bids for completeness. T he details in the final bidding documents
raised the consultants estimated cost from $218,000 to $250,000 to address the work.
Bids reflect the higher estimate. T he work replaces a failed primary unit and retires the
steam boiler.
Staff has reached out to St. Mary's University to propose a long term lease strategy that
would mirror MacPhail's interest in a long term lease strategy; 10 to 15 years being an
expressed tenant interest. Attached are a summary of terms that would be further
discussed with the tenants.
Proposed exterior improvements are being scaled back to plan for siding repairs, restain
the siding, repair gutters/roof edge as needed, replace concrete walks and entrance
plazas that are deteriorating, visually strengthen the south entrance as the primary
entrance for MacPhail, remove timber retaining walls that are past their service life and
regrade the grounds, and retain healthy mature trees and add landscape materials that
will be attractive and low maintenance. Staff is working with C N H Architects to
prepare the detailed scope of work to achieve the objective at a manageable cost that
matches resources available.
In recent weeks, staff has sought competitive lease rates for office space in Apple Valley.
Comparibles are few to Old City Hall; an institutional office being leased for education
purposes. As Wings Financial renovates to a "class A" condition and repopulates
Commons II, a guiding rate there is $14 to $15/sq. ft. with a shared operating expense of
approximately $10/sq. ft.
Staff has previously reported a lease rate for St. Mary's of $8/sq. ft. plus operating expenses
of approximately $5.50/sq. ft. T his rate reflects D C T C as a primary tenant 15 years ago
that also took responsibility for significant capital cost and building maintenance, which is no
longer the case. It is proposed that a $12/sq. ft. base rent and $6/sq. ft. for actual operating
costs be used; a total of $18/sq. ft. T he shared common areas, about 2100 sq. ft. for two
tenants of the leasable space, will shift to a shared lease rate to help, minimize general
rent increase to St. Mary's. T he rate is acceptable to MacPhail.
T he next steps outlined here will continue with reporting on lease negotiations, finalizing the
scope of exterior improvements and authorization on the selected HVA C bid in August.
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:
Background Material
Background Material
Background Material
Presentation
Lease terms being discussed
July 27, 2017
Base rate: $12/sq. ft. (previously $7.95/sq. ft.); about 7,600 sq. ft. for St. Mary’s,
about 4,100 sq. ft. for MacPhail, about 2,100 sq. ft. shared in common.
Operating expense: actual, $6/sq. ft. (previously $5.50/sq. ft.)
Square footage to be re-measured and accurately represented.
Addressing an expressed concern of long term interest in retaining the building if
MacPhail is going to considerable tenant expense to relocate and improve the
space.
MacPhail rent payments would begin December 1, 2017; with advanced access
for making tenant improvements once the scope of improvements is reviewed
and accepted.
An interest in improving the south entrance/exit as a primary entrance for
MacPhail.
Conversion of the garage to office space for MacPhail.
Complete interior painting and replace carpet for St. Mary’s. Planned exterior
improvements support their interest as well.
Forecast in the lease that as resources allow, the building will be fully sprinkled.
Identify tenant shared spaces and space St. Mary’s is willing to release to
MacPhail for leasing.
A preferred lease term of 5 years plus two 5 year renewals. Both tenants have
requested long term leases. This is a 15 year request where the City Council
has discussed 10 years.
Base rent adjustments at time of renewal.
No basement use will be allowed.
Building signage allowed facing Cedar Avenue that complies with ordinance.
Acceptance of a sculpture on the grounds facing Cedar Avenue as a gift to the
City.
14200 Cedar Avenue
Next Steps
1.Project update
2.Request to negotiate leases with tenants
July 27, 2017
City Council Meeting
Scope of work 1)HVAC bids received: $262,400 (about $12,000 above consultant final estimate)
2)Building updates planned this fall: $300,000
•Retain healthy mature trees; shade building naturally
•Entrances upgraded, with sidewalk replacement
•Regrade site and remove dated landscaping
•Exterior surfaces stained/repaired
•Planning for two tenants:
a)St. Mary’s University, north and east orientation
b)MacPhail, south and southeast orientation
3)Total Project, 2017: $562,400
•Reserve: $233,600 (bathrooms and other updates to be determined)
Long range improvements (2018, 2019)
•Fire sprinkler (extend system to entire building)
•Replace carpet (St. Mary’s area)
•Plan for roof replacement, five year horizon
Exterior items needing attention - Failing sidewalks at building entrances
Exterior items needing attention - siding in sound condition to be stained - warped siding to be replaced
Exterior items needing attention. - large, mature trees to selectively retained - overgrown landscaping that blocks views - uneven grade, difficult to maintain with dated timber retaining walls
Leasing
Next Steps: •Authorize lease negotiations with tenants,
effective December, 2017 (following
authorization of scope of work)
•Authorize HVAC bid (August 10)
•Finalize exterior work and authorize to bid
(August)
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving Valley Middle S chool F inal P lat and Waiver of D evelopment
A greement
S taff Contact:
K athy Bodmer, A I C P, P lanner
D epartment / Division:
C ommunity D evelopment Department
Applicant:
I ndependent S chool D istrict 196
P roject Number:
P C17-21-F
Applicant Date: 7/10/2017 60 Days: 9/7/2017 120 Days: 11/6/2017
AC T I O N RE Q UE S T E D:
Adopt resolution approving final plat and waiving development agreement for Valley Middle
School (900 G arden View Drive).
S UM M ARY:
ISD 196 is undertaking several projects to update and upgrade the school buildings in the
district. Many of the schools will have the front entrance modified to provide enhanced
building security. Both the zoning and subdivision chapters of the C ity Code require a
property to be platted in order to obtain a building permit. A review of City records noted
that several of the School District properties were never platted.
T he Valley Middle School/Southview Elementary project was reviewed and approved by the
City C ouncil at its April 13, 2017, meeting. T he Valley Middle School project included
a 5,100 sq. ft. addition to the main entrance on the east side of the building to provide a safer
and more prominent entrance feature. Parking lot modifications were also approved to
separate parent drop-off/pick-up traffic from bus traffic within the site and to minimize the
backups that are occurring on Garden View Drive.
T he Southview Elementary project included relocating the office and front door from the
south side to the west side of the building. A 2,400 sq. ft. addition was constructed at the
new entrance with architectural elements that will help to easily identify the front of the
building and provide additional security measures. A new 149-stall parking lot and parent
drop-off/pick-up area will be constructed on the west side of the building to separate parent
and bus traffic.
T he final plat is primarily a housekeeping item and allows for the District to obtain building
permits on the property.
A subdivision agreement is not required because water, sanitary sewer and street already
serve the property.
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
F inal Plat
F inal Plat
Map
CITY OF APPLE VALLEY
RESOLUTION NO. 2016 - ___
FINAL PLAT APPROVAL
VALLEY MIDDLE SCHOOL
WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as
Chapter 153 of the City Code, regulations to control the subdivision and platting of land within its
borders; and
WHEREAS, application has been made to the City to approve a final plat which serves to
plat a metes and bounds described property into a single parcel; and
WHEREAS, pursuant to Section 153.34 of the Apple Valley Code of Ordinances,
provision is made to approve a plat without benefit of a public hearing, provided the plat does not
create additional lots or new streets and is not defined as a subdivision pursuant to Minnesota
Statutes 462.352.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the final plat of the following described plat of land is
found to comply with the applicable standards of Chapter 153 of the City Code and is hereby
approved, waiving the requirement for a development agreement, and that the Mayor and City
Clerk are authorized to sign the same, to wit:
VALLEY MIDDLE SCHOOL
BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said plat
shall be filed with the Dakota County Recorder within sixty (60) days of the certified release from
the City Offices or such approval shall be null and void.
BE IT FURTHER RESOLVED, as a condition of this final plat approval, no Certificate
of Occupancy for any new structure or addition to any existing structure on the property shall be
issued until the City receives confirmation of the recording of the plat at the Dakota County
Recorder’s Office.
ADOPTED this _____th day of ______, 2017.
__________________________________
Mary Hamann-Roland, Mayor
2
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
As Apple Valley City Clerk, I hereby certify that the foregoing is a true and correct copy of
a resolution adopted by the City Council and the final plat is hereby released for recording with the
Dakota County Recorder this _____ day of _____________________, _______.
____________________________________
Pamela J. Gackstetter, City Clerk
SITE
WHITNEY DR GARDEN VIEW DRLOWELL DR
HOPEWELL LNREDWELL LNR
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HIGHVIEW DR
ORIOLE DR
157THSTWHIGHVIEWLN
ROME DR
ROME CTPORTERLNELM DRCORTLANDDRHEYWOODWAYCORTLANDD
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S
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HYACINTH PATH
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ELL CIR
156T H ST REET CT
HIGHVIEW CIR
BALDWIN DR
HIGHVIEW DR
VALLEY MIDDLE SCHOOL/SOUTHVIEW ELEMENTARY
µ
LOCATION MAP ^
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving Plans and S pecifications f or P roject 2017-110, 2017 Utility
I mprovements, and Authorizing Advertising f or Receipt of B ids at 10:00 a.m. on August 15, 2017
S taff Contact:
B randon A nderson, City E ngineer
D epartment / D ivision:
E ngineering Division
AC T I O N RE Q UE S T E D:
Adopt resolution approving plans and specifications for Project 2017-110, 2017 Utility
Improvements, and authorizing advertising for receipt of bids, at 10:00 a.m. on August 15,
2017.
S UM M ARY:
Attached for consideration is a resolution approving plans and specifications and setting the
date for receipt of bids for the 2017 Utility Improvements Project. T he C ity of Apple Valley
2016 and 2017 C apital Improvement Program identifies potential utility improvement work
in the following neighborhoods, as well as repair of deficient infrastructure:
• Delaney Park Storm Sewer Replacement
• Florida Lane Storm Sewer Repair
• Dominica Way Sanitary Sewer Repair
T he following utility improvements were previously included as part of 2017 Utility
Improvements but are going to be completed as part of a future improvement project:
• Diamond Path Trunk Water Main Replacement
• Briar Oaks Storm Sewer Repair
• Hidden Ponds Storm Sewer Repair
T his project is tentatively scheduled for construction in 2017. A map of the proposed project
area is attached (Figure: 1).
B AC K G RO UND :
T he C ity Council adopted Resolution N umber 2016-9 on J anuary 12, 2017, directing the
preparation of plans and specifications for Project 2017-110, 2017 Utility Improvements.
B UD G E T I M PAC T:
T he original C IP scope and budget of work indicated a construction budget of $800,000.
Project costs and funding included in the preliminary 2017 operating budget are summarized
as follows:
Estimated Project C osts:
C onstruction $ 232,500
C ontingency, Engineering Design, C ontract Admin 77,500
Total Estimated Costs $ 310,000
Estimated Project Funding:
Storm Drainage Utility $ 200,000
Sanitary Sewer Utility 110,000
Total Estimated Costs $ 310,000
AT TAC HM E NT S:
Map
R esolution
Exhibit
2..
PROJECT NO. DATE:7/19/17
2017 UTILITY IMPROVEMENTS
CITY OF APPLE VALLEY
2017 UTILITY IMPROVEMENTS PROJECT AREAS
2017-110
1FIGURE:
FEETSCALE
0 25001250
N
DELANEY PARK STORM
SEWER REPLACEMENT
FLORIDA LANE STORM
SEWER REPAIR
DOMINICA WAY
SANITARY SEWER REPAIR
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND DIRECTING RECEIPT OF SEALED BIDS FOR
PROJECT 2017-110, 2017 UTILITY IMPROVEMENTS
WHEREAS, the Apple Valley City Council has reviewed plans and specifications for
Project 2017-110, 2017 Utility Improvements; 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. Such plans and specifications for Project 2017-110, 2017 Utility Improvements,
a copy of which is on file in the office of the City Clerk and made a part hereof,
are hereby approved.
2. The City Clerk is hereby authorized to receive sealed bids for Project 2017-110,
2017 Utility Improvements at the time and place specified in the form of notice
attached hereto as Exhibit A.
3. The City 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 27th day of July, 2017
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
EXHIBIT A
ADVERTISEMENT FOR BIDS
CITY OF APPLE VALLEY | 2017-110 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 a.m., CST, Tuesday, August 15, 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:
City Project 2017-110, 2017 UTILITY IMPROVEMENTS
0.8 AC Clearing & Grubbing
1645 CY Common Borrow (LV)
50 TN Bituminous Paving
554 LF 12”-58” RC Storm Sewer
60 TN Rip Rap
110 LF 24” Steel Casing Pipe (Jacked)
46 LF Sanitary Manhole
1.8 AC Seeding
650 SY Sod
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
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving Plans and S pecifications f or P roject 2017-162, Hayes A rena
S tormwater R etrofits, and Authorizing A dvertising f or Receipt of B ids at 10:00 a.m. on August 15,
2017
S taff Contact:
B randon A nderson, City E ngineer
D epartment / D ivision:
E ngineering Division
AC T I O N RE Q UE S T E D:
Adopt resolution approving plans and specifications for Project 2017-162, Hayes Arena
Stormwater Retrofits, and authorizing advertising for receipt of bids, at 10:00 a.m. on August
15, 2017.
S UM M ARY:
Attached for consideration is a resolution approving plans and specifications and setting the
date for receipt of bids for the Hayes Arena Stormwater Retrofits project.
T his project will be completed following the Hayes Arena parking lot reconstruction in
September 2017. Landscaping improvements in the area are needed, especially given the
need to remove the ash trees currently located along the Hayes Park entrance road. T he
infiltration basins will treat the parking lot runoff and will improve the function and aesthetics
with a pollinator-focused planting mix.
Maps of the proposed project area are attached (Figure:1). T his project is tentatively
scheduled for construction in 2017.
B AC K G RO UND :
T he City C ouncil adopted Resolution Number 2017-53 on March 23, 2017, Awarding
Project 2017-105, 2017 Street Improvements which included the reconstruction of the Hayes
Parking Lot.
City C ouncil approved a Grant Agreement with Dakota County Soil and Water C onservation
District for cost share related to Project 2017-162, Hayes Arena Stormwater Retrofits on
May 25, 2017.
B UD G E T I M PAC T:
Project costs and funding included in the preliminary 2017 operating budget are summarized
as follows:
Estimated Project C osts:
C onstruction C ost $ 175,000
Design, C onstruction Admin and C ontingency 25,000
Total Estimated Cost $ 200,000
Estimated Project Funding:
Storm Water Utility
C lean Water Fund Grant
$ 150,000
50,000
Total Estimated Funding $ 200,000
AT TAC HM E NT S:
Map
R esolution
Exhibit
144th Street West
Strese Lane Hayes RoadApple Valley
Community
Center
Hayes Arena
Apple
Valley
Senior
Center
Upper 145th Street West
PROJECT AREA
PROJECT NO. DATE:7/19/17
HAYES ARENA STORM SEWER RETROFITS
CITY OF APPLE VALLEY
2017-162
1FIGURE:
FEETSCALE
0 200100
N
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND DIRECTING RECEIPT OF SEALED BIDS FOR
PROJECT 2017-162, HAYES ARENA STORMWATER RETROFITS
WHEREAS, the Apple Valley City Council has reviewed plans and specifications for
Project 2017-162, Hayes Arena Stormwater Retrofits; 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. Such plans and specifications for Project 2017-162, Hayes Arena Stormwater
Retrofits, a copy of which is on file in the office of the City Clerk and made a
part hereof, are hereby approved.
2. The City Clerk is hereby authorized to receive sealed bids for Project 2017-162,
Hayes Arena Stormwater Retrofits at the time and place specified in the form of
notice attached hereto as Exhibit A.
3. The City 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 27th day of July, 2017
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
ADVERTISEMENT FOR BIDS
CITY OF APPLE VALLEY | 2017-162 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 a.m., CST, Tuesday, August 15, 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:
City Project 2017-162, HAYES ARENA STORM SEWER RETROFITS
935 CY Excavation and Offsite Disposal
455 SY Soil Ripping and Compost Amendment
455 CY Engineered Soil Mix
16 CY Premium Topsoil
215 LF 4” HDPE Draintile
5 EA PVC Cleanout
70 LF Heavy Duty Lawn Edging
20 SY Geotextile Fabric
105 TN Limestone Block Retaining Wall
1 EA Salvage and Reinstall Monument Sign
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.
Pamela J. Gackstetter, City Clerk
City of Apple Valley, Minnesota
I T E M: 4.K .
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Amending Plans and S pecifications f or P roject 2016-138, 2016 Galaxie
Avenue and 140th Street Traf f ic Signal 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 amending plans and specifications for Project 2016-138, 2016 Galaxie
Avenue and 140th Street Traffic Signal Improvements.
S UM M ARY:
T he C ity of Apple Valley 2017 Capital Improvement Program identifies modifications to the
signal system, pedestrian ramps and additional designated right turn lanes EB and WB on
140th Street W. associated with the Galaxie Avenue and 140th Street W. intersection. As
part of the signal design and construction project, intersection pedestrian curb ramps are
proposed to be upgraded to be A D A and P RO WA G compliant. Work anticipated to be
included in the modification of this signal system and intersection will include but not be
limited to: replacement of the traffic signal controller and cabinet, A D A/push button
upgrades (including upgrading all pedestrian curb ramps at the intersection to be A D A-
P RO WA G compliant, and installing A D A compliant pedestrian push buttons), flashing
yellow arrow upgrades for all intersection approaches, loop detector installations, new cable
installations, conduit repairs, additional right turn lanes EB and WB on 140th Street W. and
other miscellaneous modifications. T he project development tasks for the proposed
improvements would involve the following scope of work.
Amend plans, specifications, and a project cost estimate to include additional right turn
lanes and signal improvements at 140th Street W. and Galaxie Avenue.
Review project plans and cost estimate with the C ity Council prior to bid process.
Based on current workloads, staff anticipates bidding this project in early 2018. C onstruction
is then expected to occur in late spring/early summer 2018.
B AC K G RO UND :
Resolution No. 2016-46 was approved by C ity C ouncil on March 24, 2016, directing
preparation of plans and specifications for Project 2016-138, 2016 G alaxie Avenue and
140th Street Traffic Signal Improvements.
Change Order No. 2 was approved by City C ouncil on August 3, 2016, for Loop
Detector/C onduit installation in the intersection as part of the 2016-105, 2016 Street
Improvements Project. To efficiently facilitate installing new loop detectors, make conduit
repairs and associated street patching ahead of the 2016 Micro Surfacing project on 140th
Street, the required signal work was included as part of the existing contract with McNamara
Contracting, Inc., for Project 2016-105, 2016 Street Improvements.
B UD G E T I M PAC T:
Project costs and funding included in the 2017-2021 Capital Improvements operating budget
are summarized as follows:
Estimated Project C osts:
C onstruction Cost $ 450,000
C onstruction Contingency 50,000
Engineering Design, C ontract Admin.50,000
Total Estimated C ost $ 550,000
Estimated Project Funding:
Municipal State A id $ 550,000
Total Estimated Funding $ 550,000
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION AMENDING PLANS AND SPECIFICATIONS
FOR PROJECT 2016-138, 2016 GALAXIE AVENUE AND 140TH STREET TRAFFIC
SIGNAL IMPROVEMENTS
WHEREAS, the City’s Capital Improvements Program identifies streets and traffic signals
for proposed infrastructure improvements in 2017; and
WHEREAS, on March 24, 2016, City Council adopted Resolution 2016-46, associated
with the 2016 Street improvements project; and
WHEREAS, the City Council considers it to be in the best interest of the City to amend
said plans for improvements scheduled for turn lane and traffic signal construction in the year
2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. Improvement Project 2016-138, 2016 GALAXIE AVENUE AND 140TH STREET
TRAFFIC SIGNAL IMPROVEMENTS is hereby established.
2. Staff is directed to prepare plans and specifications.
ADOPTED this 27th day of July, 2017.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:Consent Agenda
Description:
Adopt Resolution Awarding Agreement for Project 2017-135, C S A H 42 and Embry P ath I ntersection I mprovements
Staff Contact:
Brandon Anderson, City E ngineer
Department / Division:
E ngineering Division
AC T IO N RE Q UE S T E D :
Adopt resolution awarding agreement to Max Steininger, Inc., for Project 2017-135, C S A H 42 and Embry Path
Intersection Improvements, in the amount of $624,305.10.
S UM M ARY:
On J uly 11, 2017, four (4) bids were received for the C SA H 42 and Embry Path Intersection Improvements
project as described within the attached bid tabulation. Base Bids ranged from $624,305.10 to $813,778.22.
Max Steininger, Inc. submitted a bid in the amount of $624,305.10.
Attached for consideration is a resolution awarding the agreement to Max Steininger, Inc. for Project 2017-135,
C S A H 42 and Embry Path Intersection Improvements in the amount of $624,305.10. Should City Council
award the agreement, it is anticipated work will begin mid-August. 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 GRO UND :
City C ouncil adopted Resolution No. 2017-95 on J une 8, 2017, authorizing the receipt of bids for Project
2017-135, C SAH 42 and Embry Path Intersection Improvements.
City Council approved a J oint Powers Agreement with Dakota C ounty for cost share related to Project 2017-
135, Embry Path 3/4 Access at C ounty Road 42 on J une 8, 2017.
City Council adopted Resolution No. 2017-68 on April 27, 2017, approving Cortland Sixth Addition Final Plat
and Development Agreement, which includes the proposed cost sharing and assessments to D.R. Horton, Inc.
A map of the proposed project area is attached (Figure: 1).
B UD GE T IM PACT:
Project costs and funding are summarized as follows:
Estimated Project C osts:Estimated C osts Awarded Costs
Construction C ost $ 628,250.00 $ 624,305.10
Design, Construction Admin. & C ontingency 169,664.00 169,664.00
Total Estimated Cost $ 797,914.00 $ 793,969.10
Estimated Project Funding:
Municipal State Aid
Dakota C ounty C ost Share
Road Improvement Fund
Private Development (Assessment)
$ 45,416.00
269,400.00
175,000.00
308,098.00
$ 45,416.00
269,400.00
171,055.10
308,098.00
Total Estimated Funding $ 797,914.00 $ 793,969.10
AT TACHM E NT S :
Map
Resolution
Exhibit
G±WX G±WX
G£WX
G£WX
LebanonCemetary
CortlandPark
IntersectionConversion
3/4 Access Added 2016 EASTER AVEEAMES WAY
150TH ST W
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Y
P
A
T
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DUPONTPATHDUTCHES
S
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DUNBAR BLVDDODDBLVD153RD ST W
154TH ST W
155TH ST WPILOT KNOB RDD U N D E E AVEEMORY AVEE A GLE BAY W A Y
D UTCHMAN WAY
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DUNLIN CTEMBRY PATHEL
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W
A
YEMORYCIRCLE
152ND ST W
(2017)
Embry 2ndAddition(2016)
Future Embry3rd Addition(2017)
Cortland 4thAddition(2015)
Cortland5th Addition(2016)FutureCortland 6thAddition (2017)
Google 2017
Map Document: \\Metrosouth1\gis\APVA\N14112533\ESRI\Maps\112533_CSAH42andEmbry_22x34L.mxd Date Saved: 1/10/2017 6:30:06 PMCounty Highway 42 at Embry Path
City of Apple Valley January, 2017Intersection Conversion
Legend
Parcels
0 100Feet
Source: City of Apple Valley, Dakota County, MnDOT, MnDNR
!I
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2017-135
CSAH 42 AND EMBRY PATH INTERSECTION IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for improvements identified as Project
2017-135, CSAH 42 and Embry Path Intersection Improvements bids were received, opened and
tabulated according to law and the following bids were received complying with the
advertisement: (Tabulation attached as Exhibit A), and;
WHEREAS, it appears Max Steininger, 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 Max Steininger, Inc., for its base bid in the amount of $624,305.10 for the
completion of Project 2017-135 according to the plans and specifications heretofore
approved by the Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
ADOPTED this 27th day of July, 2017.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Water Quality I mprovement C ost S hare Program Agreement with Maxwell and Christine
Chessler for R aingarden and Native Garden I nstallation at 6905 135th S treet W.
S taff Contact:
J ane Byron, Water Quality Technician
D epartment / D ivision:
Natural R esources Division
AC T I O N RE Q UE S T E D:
Approve Water Quality Improvement C ost Share Program Agreement with Maxwell and
Christine Chessler for raingarden and native garden installation at 6905 135th Street W.;
payment not to exceed $500.00 per project.
S UM M ARY:
T he following water quality cost share application was received by C ity staff and the project
was determined to be eligible for the program.
Name Address P roject Watershed
Maxwell and C hristine
Chessler
6905 135th Street
W.
Raingarden and
Native G arden
Vermillion
River
T he standard C ity water quality improvement cost share program agreement approved by the
City Attorney was utilized for this project.
B AC K G RO UND :
In 2009 the City of Apple Valley began a voluntary cost share program for residential,
multiple-family, or institutional property owners to promote the installation of water quality
improvements. T hese improvements typically consist of rain gardens, native gardens,
buffers, and shoreline stabilization projects to reduce and treat stormwater runoff prior to its
entering the stormwater system. T his cost share program assists the C ity in meeting State
and Federal storm water management requirements.
T he program provides for reimbursement of 50 percent of qualifying expenses, not to exceed
a total reimbursement from the City of $500.00. T he program requires that the property
owner maintain their project to meet program standards for a period of no less than seven
years.
T his is the fifth Water Quality Improvement C ost Share application the City has received in
2017.
B UD G E T I M PAC T:
T he maximum allowable reimbursement is $500.00 per lot or project. Funding for this
program is included in the 2017 operating budget for the Storm Drainage Utility.
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Krueger Excavating, I nc., f or P roject 2017-173, 2017 Water Break -
Gate Valve R epairs
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:
Approve agreement with Krueger Excavating, Inc., for Project 2017-173, 2017 Water Break -
Gate Valve Repairs, in the amount of $39,500.00.
S UM M ARY:
On J uly 3, 2017, four companies submitted quotes for repairing identified water breaks, gate
valves and a hydrant. Krueger Excavating, Inc. submitted the low quote. (See attached
Exhibit A) Krueger has successfully completed repair projects in the C ity.
A standard C ity agreement will be utilized for this project.
B AC K G RO UND :
A leak detection survey is done annually. T his year five (5) water breaks have been
identified that have not surfaced. T he C ity's standard operating procedure is to repair water
breaks as soon as possible to prevent water loss. T he other repairs include: one (1) gate
valve broken in a closed position that requires replacement; one (1) gate valve leaks unless
jammed in the open position, repair involves replacing the bolts and packing; and one (1)
hydrant barrel section broken below grade requiring bolt and possible flange replacement.
B UD G E T I M PAC T:
T hese infrastructure repairs are included in the Utility Division Operations budget. C ode:
5330.6269.
AT TAC HM E NT S:
Bid / Quote Tabulation
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Terri E . L angf us for Holyoke A rea Drainage I mprovements on L ot 1,
B lock 2, P alomino L akeside Meadows 3rd A ddition (13933 Holyoke C ourt)
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 Holyoke Area Drainage Improvements Agreement with Terri E. Langfus for Lot 1,
Block 2, Palomino Lakeside Meadows 3rd Addition (13933 Holyoke C ourt).
S UM M ARY:
T he C ity C ouncil is requested to approve the attached Drainage Improvement Agreement
with the property owner, Terri Langfus, of 13933 Holyoke Court. T his property is one of a
number of properties abutting Holyoke Pond which the City previously completed drainage
improvements on in 2014-2015 to help prevent flooding. Ms. Langfus’ property did receive
grading to her rear yard area at that time. However, the new slope approached 3:1 in some
areas and was not acceptable to Ms. Langfus due to the steepness and the difficulty in
maintaining such a slope.
T he attached Drainage Agreement between the C ity and Ms. Langfus provides a mechanism
for a C ity-hired contractor to regrade the steep portion of her rear yard to a gentler, 10:1
slope. Additionally, to help prevent future flooding of Ms. Langfus’ home a rear gutter is also
proposed to be installed along a portion of the roofline. As part of the agreement, Ms.
Langfus is dedicating a temporary easement to the City.
B AC K G RO UND :
On J une 26, 2014, the C ity C ouncil approved a Drainage Improvement Agreement with the
property owner for the previous work at the property.
B UD G E T I M PAC T:
T he estimated cost for the improvements is $10,000. Funding for this work will come from
the City’s Storm Water Fund.
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:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Change Order No. 1 on A greement with K eys Well Drilling Company for Project 2016-
182, Well P umps 5, 10, 14 and L ow Zone P ump 2 Maintenance, and A pprove Acceptance and
F inal P ayment
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:
Approve C hange O rder No. 1 on the agreement with Keys Well Drilling C ompany, with a
deduction of $4,690.00; and accepting Project 2016-182, Well Pumps 5, 10, 14 and Low
Zone Pump 2 Maintenance, as complete and authorizing final payment in the amount of
$3,609.25.
S UM M ARY:
Keys Well D rilling has completed the maintenance on the wells and high service pump. T he
extent of well maintenance needed is difficult to predict until the well and pump are pulled
and inspected. To address this uncertainty, unit prices are requested when the project is bid.
T he final cost of the project is $4,690.00 less than the approved agreement cost.
B AC K G RO UND :
On D ecember 22, 2016, City C ouncil approved an agreement with Keys Well Drilling
Company for routine well and pump maintenance. T he maintenance schedule established for
wells is 7 years, and for the Water Treatment Plant high service pumps is 8 years.
B UD G E T I M PAC T:
Funding for this project is included in the 2016 operating budget for the Public Works Water
Utility Operations Budget.
Project 2016-182
Well Pumps 5, 10, 14 & LZP 2 Maintenance
C ode: 5320.6735
Original Agreement $ 74,595.00
C hange O rder No. 1 (4,690.00)
Less Previous Payments (66,295.75)
Pay Request 5 and Final $ 3,609.25
Final Project C ost $ 69,905.00
AT TAC HM E NT S:
C hange Order D ocument(s)
F inal Pay Documents
F inal Pay Documents
Owner: City of Apple Valley, 7100 W. 147th St., Apple Valley, MN 55124 Date July 18, 2017
Contractor: Keys Well Drilling Company, 1156 Homer St., St. Paul, MN 55116-3232 Phone: 651-646-7871
Bond Company: Bond No:
Description of Work
Contract Unit Total
No. Item Unit Quantity Price Amount
1 Actual costs were less than estimate Per Proposal -$4,690.00 ($4,690.00)
TOTAL CHANGE ORDER NO. 1 ($4,690.00)
The exact extent of well maintenance needed is difficult to predict until the wells are pulled and inspected.
CHANGE ORDER NO. 1
Well Pumps 5, 10, 14 and LZP2 Maintenance
CITY PROJECT NO. 2016-182
City of
Apple Valley.4049.1.2016-182_CO1.xls
Approved by Contractor: Approved by Owner:
KEYS WELL DRILLING COMPANY CITY OF APPLE VALLEY
Mary Hamann-Roland, Mayor
Date Date
Approved By Public Works
CITY OF APPLE VALLEY Attest: Pamela J. Gackstetter, City Clerk
Date
Date
cc: Contractor
Bonding Company
Apple Valley.4049.1.2016-182_CO1.xls
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Change Order No. 1 on A greement with S ewer S ervices, I nc., f or P roject 2017-150,
2017 Sump Catch Basin Cleaning, and A pprove A cceptance and F inal P ayment
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:
Approve Change Order No. 1 on the agreement with Sewer Services, Inc., with a deduction
of $14,161.00; and accepting Project 2017-150, 2017 Sump C atch Basin C leaning, as
complete and authorizing final payment in the amount of $67,949.00.
S UM M ARY:
Sewer Services, Inc., has removed the sediment from 571 sump catch basins on C ounty State
Aid Highways. Sediment removal from sump catch basins is a requirement of the N PD ES
(National Pollution Discharge Elimination System) Permit.
B AC K G RO UND :
On April 13, 2017, the C ity C ouncil approved an agreement with Sewer Services, Inc. for
sediment removal from approximately 690 sump catch basins on C ounty State Aid
Highways. Due to a mapping irregularity the number of sump catch basins was reduced to
571. A unit price of $119.00 per structure was quoted for the project.
B UD G E T I M PAC T:
Funding for this project is included in the Public Works Utilities D ivision operating budget,
Storm Water 5505-6249.
Project C ost
Original Agreement Amount $ 82,110.00
C hange O rder No. 1 – Deduct (14,161.00)
Adjusted Agreement Amount $ 67,949.00
AT TAC HM E NT S:
C hange Order D ocument(s)
F inal Pay Documents
I nvoice
Owner: City of Apple Valley, 7100 W. 147th St., Apple Valley, MN 55124 Date July 18, 2017
Contractor: Sewer Services, Inc. 25648 200th St. Belle Plaine, MN 56011 Phone: 952.873.3292
Bond Company: Bond No:
Description of Work
Contract Unit Total
No.Item Unit Quantity Price Amount
1 Estimated number of sumps Per Proposal 690 $119.00 $82,110.00
2 Actual number of sumps cleaned 571 $119.00 $67,949.00
TOTAL CHANGE ORDER NO. 1 Deduct $14,161.00
The actual number of sump catch basins identified on the map provided did not match with the field cleaning number.
CHANGE ORDER NO. 1
2017 Sump Catch Basin Cleaning
PROJECT NO. 2017-150
City of
2017-150 CO1.xls
Approved by Contractor:Approved by Owner:
SEWER SERVICES, INC.CITY OF APPLE VALLEY
Mary Hamann-Roland, Mayor
Date Date
Approved By Public Works
CITY OF APPLE VALLEY Attest: Pamela J. Gackstetter, City Clerk
Date
Date
cc: Contractor
Bonding Company
2017-150 CO1.xls
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E:J uly 27, 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
July 27, 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)
Brontae Berkhoel Hire Code Compliance Inspector Seasonal 1013 $ 20.50 Hourly C-10 6/24/2017
David Buzzone Promotion Lead Liquor Clerk
Part-Time,
Regular 5090 $ 12.50 Hourly L-2 7/28/2017
Joel Engel
Accept
Retirement Firefighter
Paid on Call
Volunteer 1300 6/30/2017
Leo Granos
Accept
Resignation Liquor Clerk
Part-Time,
Regular 5020 7/31/2017
Elaine Jatko Lundberg
Accept
Resignation Liquor Clerk
Full-Time,
Regular 5020 8/5/2017
James Koenig
Accept
Resignation Liquor Clerk
Full-Time,
Regular 5060 7/21/2017
Charles Kopesky
Acting
Assignment Technician Specialist
Full-Time,
Regular 1710 $ 29.66 Hourly UMT 8/1/2017
Dan Kroyer
Accept
Retirement Technician Specialist
Full-Time,
Regular 1710 7/31/2017
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.S .
C O UNC I L ME E T I NG D AT E:J uly 27, 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 J uly 6, 2017, and J uly 13, 2017, in the amounts of $1,514,382.97 and
$1,129,798.06, respectively.
AT TAC HM E NT S:
C laims and B ills
C laims and B ills
I T E M: 5.A .
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:Regular Agenda
Description:
Recognize S ervice of E conomic Development A uthority Member Mike Maguire
S taff Contact:
B ruce Nordquist, A I C P, C ommunity Development Director
D epartment / Division:
C ommunity D evelopment Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Mike Maguire notified the C ity he will be resigning from the Economic Development
Authority effective August 1, 2017. Mr. Maguire has been an active voice for business
development as we saw the arrival of the Apple Valley Business C ampus, Uponor expansion
and Abdallah C andies during his service. He was appointed to the ED A four years ago by
the C ity Council. With gratitude, we wish him well and express our appreciation to him
for his service to our community.
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:
Background Material
THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA bestows upon Mike Maguire its CERTIFICATE OF APPRECIATION for outstanding community service on the Apple Valley Economic Development Authority. Mr. Maguire served on the EDA for four years, providing a voice for business development which included the Apple Valley Business Campus, Uponor expansions, and Abdallah Candies. Presented this 27th day of July, 2017 ___________________________________ Mary Hamann-Roland, Mayor
I T E M: 5.B .
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:Regular Agenda
Description:
P roclaim August 1, 2017, as "Night to Unite"
S taff Contact:
Nick Francis, P olice C aptain
D epartment / D ivision:
P olice Department
AC T I O N RE Q UE S T E D:
Proclaim August 1, 2017, as "Night to Unite" in Apple Valley.
S UM M ARY:
T he City of Apple Valley has participated in this state-wide community celebration for over
20 years. It takes place annually on the first Tuesday in August. Apple Valley has enjoyed
widespread community support with over 100 neighborhood parties taking place throughout
the City. C ity staff, elected officials, and community members all get together to celebrate,
communicate, and educate.
B AC K G RO UND :
T he daylong celebration highlights are a community picnic which will take place at Kelley
Park from 11:30 am to 1:00 pm. A school supply drive is coordinated by the Police
Department, and 100 parties are visited by various City staff in the evening.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Proclamation
Presentation
CITY OF APPLE VALLEY
PROCLAMATION
WHEREAS, the Minnesota Crime Prevention Association, along with AAA of
Minnesota/Iowa, and local law enforcement agencies is sponsoring a statewide program
called Night to Unite on August 1, 2017; and
WHEREAS, Night to Unite is designed to get to know one another in your
neighborhood, build neighborhood involvement by bringing police and communities
together; and to bring an awareness to crime prevention and local law enforcement
efforts; and
WHEREAS, Night to Unite supports the idea that crime prevention is an
inexpensive, effective tool in strengthening police and community partnerships; and
WHEREAS, Night to Unite provides opportunities to celebrate the ongoing work
of law enforcement and neighborhoods in Apple Valley by working together to fight
crime and victimization and increase public safety for all citizens; and
WHEREAS, the citizens of Apple Valley play an important role in assisting the
Apple Valley Police Department through joint crime, drug, and violence prevention
efforts.
NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota
County, Minnesota, hereby calls upon all citizens of Apple Valley to participate in Night
to Unite on August 1, 2017.
FURTHER, LET IT BE RESOLVED that in Apple Valley Tuesday, August 1,
2017, is hereby proclaimed as:
NIGHT TO UNITE
PROCLAIMED this 27th day of July, 2017.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
____________________________________
Pamela J. Gackstetter, City Clerk
Night to Unite
2017
Apple Valley Business Watch Picnic
•11:30 am –1:30 pm, Kelley Park
•Food vendors: Heavy Metal Grill, Chick-fil-A
•First 150 in attendance receive a goody bag
•Raffle prizes
•Vendor tables
Neighborhood Parties
•5 pm –briefing at Police Department, 2nd floor training room
•Neighborhood Parties!!!
•100 + parties registered
•Visiting parties: City Council, Police, Fire, McGruff
•County Attorney Jim Backstrom will be attending
•Target volunteers –out and about in the community
I T E M: 5.C.
C O UNC I L ME E T I NG D AT E:J uly 27, 2017
S E C T I O N:Regular Agenda
Description:
Village P ointe P laza/Z vago Apple Valley (7070 153rd Street W.)
S taff Contact:
K athy Bodmer, P lanner, A I C P
D epartment / Division:
C ommunity D evelopment Department
Applicant:
OneTwoOne Development and C ity of A pple Valley
P roject Number:
P C16-30-Z B
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
1. Pass ordinance rezoning property from P D-739, Zone 2, to PD -739, Zone 1
2. Pass ordinance rezoning property from P D-739, Zone 2, to PD -739, Zone 4
3. Pass ordinance amending P D-739 (Recommend waiving second reading)
4. Direct staff to prepare Planned D evelopment Agreement
5. Adopt resolution approving subdivision by Preliminary Plat of Village Pointe Plaza
6. Approve First Amendment to Metropolitan Livable C ommunites Act Livable
Communities Deomonstration A ccount Grant Agreement
S UM M ARY:
T he petitioner, OneTwoO ne Development, requests consideration of amendments to PD -739
and subdivision by preliminary plat for construction of a 58-unit senior cooperative building
on the southwest corner of Galaxie Avenue and 153rd Street (commonly referred to as the
“Triangle Property”) at 7070 – 153rd St. W. C onsideration of the Site Plan/Building Permit
Authorization is being withheld until the final approvals of the project.
T he property is located within P D-739 which implements the vision of the C entral Village
P l a n. T he zoning performance standards are intended to create an integrated mixed-use
development in a compact, pedestrian-friendly form adjacent to the C ity’s existing downtown.
T he C entral Village Design Guidelines were adopted December 8, 2003 and since that time,
several different proposals have been reviewed for this parcel. T he property is located within
Zone 2 of the PD zoning district which allows multiple family development, but requires
office and commercial uses to be included in the building. T he proposed development would
include multiple family development, but no commercial uses are proposed to be included in
the residential building. T he petitioner requests an amendment to Zone 2 that would allow
mixed-use in a horizontal, not vertical form. A rezoning of Lot 1, Block 1 to Zone 1 and
rezoning Outlot A to Zone 4 would accomplish those objectives.
T he overall development plan shows that Zvago Apple Valley, a 58-unit senior cooperative
building, would be located on the west side of the development site abutting the Founders
Lane round-about. Pads are shown on the east side of the site abutting Galaxie Avenue for
construction of 18,410 sq. ft. of single and two story retail and a 11,700 sq. ft. two story
office building.
T he Planned Development requires a two-story appearance for one-story buildings. T he
corner of G alaxie Avenue and 153rd Street is a signature corner that will need to have mass
and prominence that matches the Galante building to the northeast and the Shops on Galaxie
to the east.
P D-739 has no provision to allow a reduction in the number of required parking spaces for
senior development. One hundred and thirty-six (136) parking spaces or 2.3 spaces per unit
would be required; 98 spaces are provided which is 1.7 spaces per unit. In the C ity’s
experience, senior developments tend to request parking ratios of 0.9 to 1.1 spaces/unit. A n
amendment to the PD would allow a reduction to 1.0 spaces per unit if the building is
restricted to seniors.
T he Village Pointe Plaza plans have changed slightly since the time of the award of the
LC D A grant. T he changes require an amendment to the grant agreement with the Met
Council. T he agreement allows for slightly reduced building sizes and reduced number of
senior coop units. It also provides an extended timeline for completion of the project.
B AC K G RO UND :
At its meeting of J une 21, 2017, the Planning C ommission voted unanimously to recommend
approval of the project with several conditions. T he Planning Commission action is included
in the Background Staff Report Materials.
B UD G E T I M PAC T:
T he C ity of Apple Valley was awarded a Livable C ommunities Demonstration Account
grant of $1,148,639 to off-set the cost of the purchase of the property. T he funding is
intended to help to create a denser mixed-use development form than is typically seen in
Apple Valley. It would help to create a neighborhood area that would otherwise not be
created under normal market conditions. T he grant will not be awarded until the conditions
of the grant are fulfilled including the mixed-use residential and commercial
development. T he development must commence prior to D ecember 1, 2017 and be
completed by D ecember 1, 2018.
AT TAC HM E NT S:
Background Material
Ordinance
Ordinance
Ordinance
R esolution
Agreement
Map
Plan S et
Plan S et
Preliminary P lat
Memo
Memo
Presentation
VILLAGE POINTE PLAZA/ZVAGO APPLE VALLEY
PROJECT REVIEW
Existing
Conditions
Property Location: Southwest corner of Galaxie Avenue and 153rd Street West
Legal Description: Lot 1, Block 1 VILLAGE AT FOUNDERS CIRCLE
Comprehensive Plan
Designation
MIX-Mixed Use
Zoning
Classification
Planned Development No. 739, Zone 2 (Mixed Use)
Existing Platting Platted lot.
Current Land Use Vacant.
Size: Lot 1 = 66,947 sf (1.5 acres)
Outlot A = 92,382 sf (2.1 acres)
Total = 159,329 sf (3.7 acres)
Topography: Mostly flat
Existing Vegetation Weeds and wild grasses
Other Significant
Natural Features
NA
Adjacent
Properties/Land
Uses
NORTH Grandstay Hotel and Galaxie Commons
Comprehensive Plan MIX-Mixed Use & C-Commercial
Zoning/Land Use PD-739 and RB-Retail Business
SOUTH Vacant Parcel (Outlot A, Village at Founders Circle) & City Storm Sewer
Pond
Comprehensive Plan MIX-Mixed Use/P-Parks and Open Space
Zoning/Land Use PD-739
EAST Galaxie Shops/RE/MAX
Comprehensive Plan MIX-Mixed Use
Zoning/Land Use PD-716
WEST Vacant Parcel (Outlot A, Village at Founders Circle)
Comprehensive Plan MIX-Mixed Use
Zoning/Land Use PD-739
Development
Project Review
Comprehensive Plan: The Comprehensive Plan guides the development of this property for
“MIX” (Mixed Uses). The overall Village Pointe Plaza plan shows that a 58-unit senior
cooperative building, Zvago Apple Valley, would be constructed on the west side of the property
while commercial is planned to be constructed along Galaxie Ave. At this time, the overall site
plan is showing 18,410 sq. ft. of single- and two-story retail and 11,700 sq. ft. of two story office
on the east side of the site.
Senior cooperative housing meets the City’s goal of ensuring that a variety of housing types are
available for life-cycle housing in the community. A cooperative is a housing product where the
owners own shares in a corporation that owns the property; shareholders are then entitled to
exclusive use of a housing unit in the property.
Zoning: The property is located within a Planned Development zoning district, PD-739, Zone 2.
The zoning designation has specific design standards and requirements to create a more mixed-
use, compact and walkable neighborhood. Zone 2 allows multiple family residential
development only when part of a building containing commercial uses. The plan for the
development will be to create a horizontal mixed-use development rather than a vertical one.
This will require an amendment to PD-739, Zone 2 or a rezoning of the property to Zone 3.
Preliminary Plat: The preliminary plat of Village Pointe Plaza subdivides the 3.7-acre property
into two lots. Lot 1 is located on the west side of the site and is the location of the Zvago Apple
Valley Senior Cooperative development. Outlot A is east of the cooperative building and is
planned to have commercial uses along Galaxie Avenue. The location of the property line on the
east side of the Lot 1 is odd given the proposed parking configuration. The property line splits
off one row of parking from the western parking lot. Cross parking and cross access easements
will be dedicated between the Zvago building and the commercial buildings to the east to ensure
long-term cross-access and cross-parking. The petitioner states that the additional parking spaces
are not needed and cooperative does not want to purchase any more property than required. .
The fact that the property to the east is being platted as an outlot suggests that the commercial
development will occur in the future. The City of Apple Valley was awarded a Livable
Communities Demonstration Account grant of $1,148,639 in 2015 to help off-set the cost of this
development and to ensure a more compact and walkable development. One of the conditions of
the grant is that the development must include a mixed-use residential and commercial
development. The grant will not be awarded until the conditions of the grant agreement are met
which includes development of a mixed-use block. The grant will not be awarded for
construction of only the senior cooperative.
A 10’ drainage and utility easement should be dedicated along all property lines abutting a public
street. The easement is not shown on the west corner of the site adjacent to Founders Circle.
Site Plan: The site plan shows that the 58-unit cooperative building will be located on the west
portion of the triangle property and commercial will be located on the east side of the site along
Galaxie Avenue. The commercial development is planned to include 18,410 sq. ft. of single- and
two-story retail at Galaxie Ave and 153rd Street and a two-story 11,700 sq. ft. office building at
the intersection of Galaxie Ave and Founders Lane.
Access to the cooperative site will be taken on the north from 153rd Street West and on the
southwest from Founders Lane. The proposed access point on 153rd Street aligns with the alley
between Galaxie Commons and the Grandstay Hotel. Access to the underground garage is
shown on the northeast corner of the building.
The primary resident entrance to the building will be on the east side of the building. A “front”
entrance is shown to the community area on the west side of the building. An outdoor
community patio is shown on the west side of the building which is supported by a 2’ retaining
wall and surrounded by a wrought-iron type fence.
The parking calculation for PD-739 is based upon the number of bedrooms in a unit. PD-739 has
no adjustment or allowance for reduced parking for a senior development. The PD-739 parking
requirement for a general occupancy 58-unit multiple residential building would be a minimum
of 58 garage spaces and 78 surface spaces for a total of 136 spaces or 2.3 spaces/unit. The
petitioner is showing 72 garage spaces, 22 surface spaces and 4 on-street spaces for a total of 98
spaces or 1.7 spaces/unit. The petitioner will provide additional information concerning typical
parking demand for senior cooperatives in other locations. The Summerhill Senior Cooperative
on Cedar Avenue and 140th Street W. has a parking ratio of 1.8 spaces/unit. The Seasons of
Apple Valley on the east side of Galaxie Avenue has a parking ratio of 1.0 spaces/unit. In the
City’s experience, senior developments typically request a parking ratio of 0.9 to 1.1 spaces per
unit. So, although the proposed number of spaces is less than the PD requirement, it is quite a bit
higher than a typical senior development.
Grading Plan: The grading plan was reviewed by the City Engineer. He provided specific
technical comments related to the garage floor elevations and the nearby stormwater elevations.
Additional information is needed. Any approvals would be subject to final review and approval
of the grading plan by the City Engineer.
Elevation Drawings: The four-story buildings will have exterior building materials including
colored concrete block, brick, and cementitious fiberboard panels. The building is proposed to
be 48’ tall which is well below the maximum allowed of 80’.
Landscape Plan: The value of the landscape planting (not including sod or hardscape including
edging, rock or mulch) must meet or exceed 2-1/2% of the value of the cost of construction of
the building based on Means Construction Data. Irrigation may count towards the landscape
budget. Also, permanent structures such as pergolas, trellises, planters and art may be included
in the landscape budget. The petitioner will be required to submit a nursery bid list at the time of
application of the building permit that confirms the value of the landscape plantings.
Availability of Municipal Utilities: Utilities are stubbed into the site and available. The utility
plan will be subject to final review and approval of the City Engineer.
Street Classifications/Accesses/Circulation:
• Galaxie Avenue - Major Collector – 105’ Right of Way.
• 153rd Street – Minor Collector – 64’ Right of Way.
• Founders Lane – Local Commercial Street – 64’ Right of Way.
The subject site abuts westbound one-way 153rd Street on the north, southeast-bound one-way
Founders Lane on the west and Galaxie Avenue on the east. The Founders Circle roundabout is
located on the west side of the site. The one-way lanes were designed to allow easy pedestrian
crossing of the streets. No access is proposed from Galaxie Avenue. One access each is shown
from both 153rd Street and Founders Lane. The site access points exiting the site will need to be
designed so that the one-way street designation is clearly visible.
Pedestrian Access: The site is located within the Central Village area which is intended to be a
walkable neighborhood. The plans indicate that internal sidewalks and painted walkways are
provided to ensure safe pedestrian circulation through the site. A walkway on the east side of the
building traverses a landscaped lawn area with a trellis feature that will enhance the pedestrian
experience and clearly identify the main entrance to the building. Pedestrian access to the west
side of the site through the Founders Circle roundabout will need to be evaluated to ensure
visitors will be able to park north of 153rd Street and safely access the west side of the Zvago
building.
Public Safety Issues: None identified at this time.
Recreation Issues: The site is located less than 1/4-mile from Kelley Park. A park dedication
of cash-in-lieu of land will be required for this development in connection with the subdivision of
the property.
Signs: A sign is shown constructed on the 2’ tall retaining wall supporting the outdoor patio on
the west side of the site. No sign approvals are given at this time. No signs may be installed
prior to the issuance of a permit. A separate sign permit must be obtained prior to the installation
of any signs on the site or the building.
Public Hearing Comments: The public hearing was held on August 17, 2016. Below is a
summary of the questions asked along with staff responses.
1. What is the distance from the east line of the cooperative parcel to Galaxie Avenue?
Staff response: According to the preliminary plat, the east line of Lot 1 is 173’ feet from
Galaxie Avenue.
2. Concern that a requirement of the building is that it needs to be limited to those 62 and
older. Staff response: The age limit is due to the HUD financing that is being used for
this development.
3. Concern about adding 30,000 sq. ft. of commercial when there are commercial vacancies
nearby. Staff response: Since the time of this comment (August 7, 2016) the economy
continues to improve. The City does not conduct market studies to confirm demand for a
certain development. Instead, the developer is responsible to ensure his/her development
will be marketable. The commercial element of the project is an important part of the
mixed-use development and is critical in order to receive the grant funding from the Met
Council.
4. Was the number of parking spaces the limiting factor in how many units will be
constructed in the building? Staff response: No. The decision to decrease the number of
units was due more to an interest in units with larger floor plans. Originally the
developer thought 78 units would be constructed on the site. After meeting with
interested potential buyers, the petitioner decided to modify the plans to better fit
customer demand and decreased the number of units to 58.
Planning Commission recommendation: At its meeting of June 21, 2017, the Planning
Commission voted unanimously to recommend approval of the project with the actions and
conditions listed below.
1. Recommend approval of amendments to PD-739, Zone 2, subject to execution of an
amended planned development agreement, for the following:
a. To allow horizontal mixed-use on a planned block rather than requiring the mixed uses
within a building.
b. To allow reduced parking requirements for senior developments at a rate of 1.0
spaces/unit.
2. Recommend approval of the preliminary plat of Village Pointe Plaza, subject to
compliance with all City Codes and the following conditions:
a. A minimum 10’ drainage and utility easement shall be dedicated adjacent to 153rd Street
West, Founders Lane and the Founders Lane round-about rights-of-way in accordance with
the City’s subdivision ordinance.
b. A cash-in-lieu of land parkland dedication shall be required in accordance with the City’s
dedication formula in the subdivision ordinance.
c. A cross-access and cross-parking agreement shall be executed between the senior
cooperative and Outlot A and filed with the two property deeds at the time of filing of the
final plat.
d. A License to Encroach Agreement shall be executed for the removable metal stairs
that encroach into City’s drainage and utility easements.
3. Recommend approval of the site plan and give building permit authorization to construct
a 58-unit senior cooperative subject to compliance with all City Codes and the following
conditions:
a. The owner shall submit a nursery bid list at the time of building permit application that
confirms that the landscape materials meet or exceed 2-1/2% of the value of the
construction of the building based on Means Construction Data. Landscape materials may
include plant materials, underground irrigation systems, public art, fountains, decorative
paving, and other outdoor common area elements that create an enhanced sense of place
and fosters positive social interactions.
b. The civil construction plans submitted at the time of application of the building permit shall
be subject to final review and approval of the City Engineer.
c. A lighting plan shall be submitted at time of building permit subject to review and approval
of the Planner.
d. A hauling and staging plan shall be submitted prior to issuance of building permit and/or
natural resources management permit (NRMP) specifying all on-site and off-site
construction staging for both materials and construction parking. The plan shall be mapped
and strictly adhered to and is subject to final review and approval by the City Engineer.
e. The petitioner shall review the location of the Founders Lane sidewalk connection on the
southwest side of the building to ensure that it connects with the “plaza area and trail” that
has been dedicated on the property south of Founders Lane. A plaza and trail are planned
that will connect to the trail system around the two cell pond to the south.
CITY OF APPLE VALLEY, MINNESOTA
ORDINANCE NO. ___
AN ORDINANCE AMENDING THE ZONING MAP BY REZONING CERTAIN
LAND IN THE
CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA
WHEREAS, the Planning Commission of the City of Apple Valley held a public hearing
on property described herein on August 17, 2016, as required by City Code Section
155.400(D), and
WHEREAS, on June 21, 2017, the Planning Commission recommended the rezoning as
hereinafter described.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. The boundaries of the zoning districts established by City Code Section 155.006
are hereby amended by rezoning the following described property located on the southeast
corner of the roundabout at 153rd St, Founders Ln and Gallivant Place from PD-739, Zone 2
(Planned Development) to PD-739, Zone 1 (Planned Development):
Lot 1, Block 1, Village Pointe Plaza, Dakota County, Minnesota
2. This ordinance shall become effective upon its passage and publication.
Passed this 27th day of July, 2017.
_______________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY, MINNESOTA
ORDINANCE NO. ___
AN ORDINANCE AMENDING THE ZONING MAP BY REZONING CERTAIN
LAND IN THE
CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA
WHEREAS, the Planning Commission of the City of Apple Valley held a public hearing
on property described herein on August 17, 2016, as required by City Code Section
155.400(D), and
WHEREAS, on June 21, 2017, the Planning Commission recommended the rezoning as
hereinafter described.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. The boundaries of the zoning districts established by City Code Section 155.006
are hereby amended by rezoning the following described property located on the southwest
corner of Galaxie Avenue and 153rd Street from PD-739, Zone 2 (Planned Development) to
PD-739, Zone 4 (Planned Development):
Outlot A, Village Pointe Plaza, Dakota County, Minnesota
2. This ordinance shall become effective upon its passage and publication.
Passed this 27th day of July, 2017.
_______________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
1
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING
CHAPTER 155- APPENDIX F OF THE CITY CODE ENTITLED " APPENDIX
F: PLANNED DEVELOPMENT DESIGNATIONS" BY AMENDING
ARTICLE A31 REGULATING PLANNED DEVELOPMENT DESIGNATION
NO. 739
The City Council of Apple Valley ordains:
Section 1. Article A31 of the Apple Valley City Code, is hereby amended by adding
Section A31-8 (G)(7)(g) as follows:
§ A31-8 AREA STANDARDS AND REQUIREMENTS.
***
(G) Parking design and maintenance. The following parking requirements shall be
incorporated into all site plans:
***
(7) The following minimum off-street parking spaces shall be provided and
maintained by ownership, easement, or lease, for and during the life of the respective uses
hereinafter set forth. Where not specifically stated, the City Council shall determine the
adequacy of parking when approving a site plan. These requirements are subject to upward or
downward revisions based on the experiences of the city:
***
(g) The minimum number of off-street parking spaces for multiple-
family residential uses may be reduced to 1.0 total spaces/unit (including both garage and surface
parking) when the development is restricted to occupancy by persons 55 years of age or older.
Section 2. Filing. The City Clerk shall file a copy of this ordinance in her office, which
copy shall be available for inspection by any person during regular office hours.
Section 3. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the
ordinance is available for inspection by any person during regular office hours at the office of the
City Clerk.
Section 4. Effective date. This ordinance shall take effect upon its passage and publication
of its title and official summary.
2
PASSED by the City Council this 27th day of July, 2017.
_________________________________
Mary Hamann-Roland, Mayor
ATTEST:
________________________________
Pamela J. Gackstetter, City Clerk
3
[Page Left Intentionally Blank]
4
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING
CHAPTER 155- APPENDIX F OF THE CITY CODE ENTITLED " APPENDIX
F: PLANNED DEVELOPMENT DESIGNATIONS" BY AMENDING
ARTICLE A31 REGULATING PLANNED DEVELOPMENT DESIGNATION
NO. 739
The City Council of Apple Valley ordains:
Section 1. Article A31 of the Apple Valley City Code, is hereby amended by adding
Section A31-8 (G)(7)(g) as follows:
§ A31-8 AREA STANDARDS AND REQUIREMENTS.
***
(g) The minimum number of off-street parking spaces for multiple-
family residential uses may be reduced to 1.0 total spaces/unit (including both garage and surface
parking) when the development is restricted to occupancy by persons 55 years of age or older.
Section 2. Filing. The City Clerk shall file a copy of this ordinance in her office, which
copy shall be available for inspection by any person during regular office hours.
Section 3. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the
ordinance is available for inspection by any person during regular office hours at the office of the
City Clerk.
Section 4. Effective date. This ordinance shall take effect upon its passage and publication
of its title and official summary.
PASSED by the City Council this 27th day of July, 2017.
_________________________________
Mary Hamann-Roland, Mayor
ATTEST:
5
________________________________
Pamela J. Gackstetter, City Clerk
6
CITY OF APPLE VALLEY
RESOLUTION NO. 2017 -____
PRELIMINARY PLAT APPROVAL
VILLAGE POINTE PLAZA ADDITION
WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as
Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and
WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held
a public hearing on an application for subdivision of land by plat on August 17, 2016; and
WHEREAS, the City Planning Commission reviewed the preliminary plat for conformance
with the standards of Chapter 153 of the City Code and made a recommendation regarding its
approval on June 21, 2017, subject to conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the preliminary plat for the following described plat of
land is hereby approved for a two year period, to wit:
VILLAGE POINTE PLAZA
BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said
preliminary plat approval is subject to the following conditions, which shall be incorporated into a
development agreement to be considered for approval at the time of submission of the request for
final plat approval:
1. The plat shall be configured to have one (1) lot and one (1) outlot.
2. Park dedication requirements are based upon the City’s finding that the
subdivision will create 110.2 residents/occupants that will generate a need for
1.052 acres of parkland in accordance with adopted City standards for park
services.
This required dedication shall be satisfied by a cash-in-lieu of land
contribution based on 1.052 acres of needed land area at a benchmark land
value of $175,000 per acre, which the City reasonably determines that it will
need to expend to acquire land elsewhere in order to provide the necessary
park services as a result of this subdivision.
3. A cross-access and cross-parking agreement shall be executed between the
senior cooperative and Outlot A and filed with the two property deeds at the
time of filing of the final plat.
4. A License to Encroach Agreement shall be executed for the removable metal
stairs that encroach into City’s drainage and utility easements.
5. Stormwater pond requirements have been satisfied previously.
2
.
6. Dedication on the final plat of a ten foot (10') wide easement for drainage,
utility, street, sidewalk, street lights, and tree plantings along the entire
perimeter of lot(s) within the plat wherever abutting public road right-of-
ways.
7. Dedication on the final plat of a five foot (5') wide drainage and utility
easement along all common lot lines.
8. Installation of municipal sanitary sewer, water, storm sewer, and street
improvements as necessary to serve the plat, constructed in accordance with
adopted City standards, including the acquisition of any necessary easements
outside the boundaries of the plat which are needed to install connections to
said necessary improvements.
9. Installation of pedestrian improvements in accordance with the City's
adopted Trail and Sidewalk Policies.
10. Submission of a final grading plan and lot elevations with erosion control
procedures, to be reviewed and approved by the City Engineer. If the site is
one (1) or more acres in size the applicant shall also submit a copy of the of
the General Storm Water Permit approval from the Minnesota Pollution
Control Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100.
regarding the State NPDES Permit prior to commencement of grading
activity.
11. Dedication of one foot (1') wide easements which restrict direct driveway
access to Galaxie Avenue.
12. Installation of a public (or private) street lighting system, constructed to City
and Dakota Electric Company standards.
13. Construction and earthmoving activities shall be limited to the hours of 7:00
a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall
be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction
shall not be performed on Sundays or federal holidays.
14. The City receives a hold harmless agreement in favor of the City as drafted
by the City Attorney and incorporated into the development agreement.
ADOPTED this 27th day of July, 2017.
__________________________________
Mary Hamann-Roland, Mayor
3
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 July 27, 2017, the original of
which is in my possession, dated this _____day of ______________________, 20__ .
____________________________________
Pamela J. Gackstetter, City Clerk
SITE
152ND ST W
FOLIAGE AVEGALAXIE AVE153RD ST W
GARRETT AVE155TH ST W
FORTINO ST
FOUNDERS LNGALANTE LNGABELLA ST
154TH ST W
FLIGHT WAYFROST PATHFONTANA TRLGALLIVANT PLFLOWER WAYFOUNDERS LANE
FLORIST CIR
FRSCOTERRACE153RD ST W
Dakota County GIS
VILLAGE POINTE PLAZA/ZVAGO APPLE VALLEY
µ
LOCATION MAP ^
SITE
150TH ST W
GALAXIE AVE157TH ST WGARRETT AVE152ND ST W
151ST ST W
FOUNDERS LN
153RD ST W
155T H ST W GALANTE LNFORTINO S T
GABELLA ST
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A
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151ST ST W
150T H ST W
153RD ST W
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VILLAGE POINTE PLAZA/ZVAGO APPLE VALLEY
COMPREHENSIVE PLAN MAP ^
SIT E
150TH ST W
CEDAR AVE157TH ST W GALAXIE AVEFOLIAGE AVEGARRETT AVE152ND ST W
151ST ST W
153RD ST W
155TH ST W
FOUNDE RS LN
GASLIGHT DRFORTINO STGALANTE LNGARNET WAY
GA B ELLA ST
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A
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VILLAGE POINTE PLAZA/ZVAGO APPLE VALLEY
ZONING M AP Ê
SITE
GrandstayHotel
Centra lVillageParking
Parkside VillageGabella
ShopsonGalaxie
RE/MAX Vivo
Seasons ofApple Valley
Legac yTownhomesParkside Village - Gabella (Under Construction)KelleyPark
RemingtonCove I
RemingtonCove II(UnderConstruct)Hara lsonApts
152ND ST W
FOLIAGE AVEGALAXIE AVE153RD ST W
GARRETT AVEFORTINO ST
FOUNDERS LNGALANTE LNGABELLA ST
154TH ST W
FLIGHT WAYFROST PATHFONTANA TRLGALLIVANT PLFLOWER WAYFOUNDERS LANE
FLORIST CIR
FRSCOTERRACE153RD ST W
Dakota County G ISµ
CENTRAL VILLAGEJUNE 2017
ZVAGO COOPERATIVE LIVING CENTRAL VILLAGEApple Valley, MNPerspective
ZVAGO COOPERATIVE LIVING CENTRAL VILLAGEApple Valley, MNSite Plan153rd St WGalaxie AveFounders Ln
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FDFDFDFDFDFDFDUPMECH262827303160595857565554535251504948472961242522234445463536373839404142343332AIR OUTCAR WASHBOLLARDS, TYP.StorageStorageStorageStorage StorageStorageStorage StorageStorageStorageStorageStorageStorageStorageStorageStorageStorageStorageStorageMakers Studio002Stair B060Garage050Trash/Recyc.005Elev. Equip.006Mech./Elec.007AREA WELLMech.004Elev. Lobby00300762PCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCMPMPMPPCMPMPMPMPMPMPMPMPMPMPBBBBBBBBMPMP436364MUA UNIT1234567891011121314151617181920B216566676869707172PCPCStorage90'-4"90'-4"89'-0"1/4" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"89'-0"89'-0"89'-0"89'-0"90'-2 1/2"1/4" / 12"90'-2 1/2"1/4" / 12"89'-4"89'-4"1/4" / 12"90'-2 1/2"1/4" / 12"1/4" / 12"1/4" / 12"1/4" / 12"89'-0"89'-4"90'-2 1/2"89'-0"1/4" / 12"1/4" / 12"1/4" / 12"89'-0"90'-2 1/2"1/4" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"88'-10"89'-0"89'-0"1 /4 " / 1 2 "1/4" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1 /8 " / 1 2 "1/4" / 12"NOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated6/12/2017 6:04:39 PMC:\Revit Local\1575-Ecumen_AppleValley_CentralVillageSeniorCoOp_v4_ewilliams.rvtGarage Plan1575Zvago, Central VillageOneTwoOne DevelopmentA3007070 153rd St WApple Valley, MN 55124Civil/Landscape:Civil Site Group4931 W. 35th St, Suite 200St. Louis Park, MN 55416612.615.0060www.civilsitegroup.com3530 Lexington Avenue NShoreview, MN 55126 3/32" = 1'-0"1Level -1Rev. No.RevisionDate
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Elev. Lobby425Storage426Trash/Recyc.428Elec.429Stair A450Stair B460Unit D1A4561408Unit D2414Unit D2415Unit C2411Unit D3409Unit D4402Unit C5406Unit D5405Unit B3403Unit D2401Unit C4404Unit C3410Unit C3412Unit B1413Unit C3407NOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated6/12/2017 6:06:16 PMC:\Revit Local\1575-Ecumen_AppleValley_CentralVillageSeniorCoOp_v4_ewilliams.rvtFourth FloorPlan1575Zvago, Central VillageOneTwoOne DevelopmentA3407070 153rd St WApple Valley, MN 55124Civil/Landscape:Civil Site Group4931 W. 35th St, Suite 200St. Louis Park, MN 55416612.615.0060www.civilsitegroup.com3530 Lexington Avenue NShoreview, MN 55126 3/32" = 1'-0"1Level 4Rev. No.RevisionDate
CITY OF
MEMO
Public Works
TO: Kathy Bodmer, Associate City Planner
FROM: Brandon S. Anderson, PE
City Engineer
DATE: July 18, 2017
SUBJECT: Zvago Village Pointe Plaza Preliminary Plan Review per plans dated 06/13/17
General
1. No trees will be permitted in public easements.
2. The applicant is required to provide winter snow maintenance on the public sidewalks
adjacent to the development that are outside of the City’s “Ring Route” area.
Specifically, this includes public sidewalks along Founders Lane & Galaxie Ave. The
City will maintain the existing sidewalk along 153rd St.
3. Cross access and parking agreement will be required for shared usage of facilities across
property lines.
4. An encroachment agreement will be required for all decks, patios, sidewalks, etc. located
within drainage and utility easements.
5. Provide a narrative of how the buildings will be constructed and any impacts. The
narrative shall include the following:
a. Shoring (if applicable)
b. Material Storage.
c. Haul routes to and from the site.
d. Phasing
e. Temporary parking
Permits
6. A right of way permit will be required for all work within public easements or right of
way, include this as a note on the plans.
7. A Natural Resource Management Permit (NRMP) will be required prior to any land
disturbing activity commences, include this as a note on the plans.
Site
8. Pavement section for public roadways shall match existing roadway section, includes this
as a note on the plans.
9. Additional detail describing the number of service vehicle types, residents and guests are
required to be included in a Traffic Trip Generation memo by the applicant.
10. Auto turn drawing for service and emergency vehicles entering and leaving the site
should reflect vehicle movements for the one way configuration of 153rd and Founders
Way.
Grading, Drainage and Erosion Control
11. Final Grading Plans shall be reviewed and approved by City Engineer.
12. Final Stormwater Management Plan shall be reviewed and approved by City Engineer.
13. Provide the overall site composite Curve Number (CN) along with the impervious % on the
area tabulation (sheet C3.0).
14. Indicate driveway grade % to underground parking on sheet C3.0
Storm Sewer
15. Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans
and approved by City Engineer.
16. Provide storm sewer calculations for stormwater requirements. (Rational method including
Hydraulic grade lines).
17. An agreement for future maintenance and access must be made between the property
owner and adjacent property owner for the storm sewer that crosses into adjacent lot to the
east and connects to the city storm sewer.
Sanitary Sewer and Water Main
18. Final locations and sizes of Sanitary Sewer and Water main shall be reviewed with the final
construction plans and approved by City Engineer.
City of
MEMO
Building Inspections
TO: Kathy Bodmer, Planner
FROM: George Dorn, Building Official
DATE: June 7, 2017
SUBJECT: Zvago Village point Plaza, 7070 153rd St W.
• Separate sign permits are required.
• SAC determination is required from Met Council prior to permit issuance from the City.
• Geotechnical Report Boring Log and Special Inspector Agreement are required prior to
permit and soil corrections on site.
• Per MSBC 2015 1303.1500 Subpart 1, recycling space is required in accordance with
Table 1-A. Please designate this recycling space at the time of permit submittal.
• Trash area and recycling space is required per MSBC 2015 1303.1500 Subpart 1(1-A). I
did not see an area designated on the plans.
• Separate permits and inspections may be required for the retaining wall on the NE corner if
over 4 feet high.
• Have the architect review the accessible means of egress from the exterior patio and proper
exiting. With the limited plan details our department could not review these features for
compliance.
• Platting of property lines must be completed prior to permit issuance.
• Accessible parking is required in the parking garage. There is none shown.
7/26/2017
1
Zvago Apple Valley/
Village Pointe Plaza
City Council Meeting July 27, 2017
Requested Actions
1.Rezone from PD-739, Zone 2 to PD-739,
Zone 1 and PD-739, Zone 4
2.Amend provisions of PD-739 for Senior
Parking
3.Subdivision by Preliminary Plat
4.Approve First Amendment to Grant
Agreement
7/26/2017
2
Central Village - Location
Comp Plan
7/26/2017
3
Zoning (Existing)
Zoning (Proposed)
7/26/2017
4
Preliminary Plat
Removals Plan
7/26/2017
5
Village Pointe Plaza
Overall Site Plan
Site Plan
7/26/2017
6
Grading Plan
Utilities
7/26/2017
7
Landscape Plan
Landscape Plan Central Green
7/26/2017
8
Floor Plan - Garage
Floor Plan 1st Floor
7/26/2017
9
Floor Plan 2nd Floor
Floor Plan 3rd Floor
7/26/2017
10
Floor Plan 4th Floor
Elevations
7/26/2017
11
Elevations
Rendering
7/26/2017
12
Rendering
Livable Communities
Demonstration Account Grant
•City awarded $1,148,639 grant to help off-set
cost of the purchase of the property.
•Grant will be used to ensure a compact,
walkable, mixed-use development is created.
•Property went to tax forfeiture. City obtained it
to ensure property wouldn’t languish in market
or be sold off at auction.
•A tool to ensure the City’s vision for the Central
Village and this triangle is implemented.
7/26/2017
13
Public Hearing Questions
August 17, 2016
1.What is the distance from the east line of the cooperative
parcel to Galaxie Avenue? Staff response: 173 feet.
2.Concern that the coop limits the age of buyers to those 62
and older. Might limit options for resale. Staff response:
The age limit is due to HUD financing requirements.
3.Concern about adding 30,000 sq. ft. of commercial when
there are commercial vacancies nearby. Staff response:
Market demand is determined by the developer.
4.Was the number of parking spaces the limiting factor in how
many units would be constructed in the building? Staff
response: No. Petitioner decided to modify the plans to
better fit customer requests for larger units and reduced the
number of units from 78 to 58.
Planning Commission Actions
At its meeting of June 21, 2017, the Apple Valley
Planning Commission voted unanimously to
recommend approval of the project with
conditions.
7/26/2017
14
Recommended Action
The following motions would approve the project in accordance
with the Planning Commission recommendation:
1.Pass Ordinance Rezoning Property from PD-739, Zone 2, to
PD-739, Zone 1 (Senior Cooperative)
2.Pass Ordinance Rezoning Property from PD-739, Zone 2, to
PD-739, Zone 4 (Commercial)
3.Pass Ordinance Amending PD-739 (Recommend Waiving
Second Reading)
4.Direct Staff to Prepare Planned Development Agreement
5.Adopt Resolution Approving Subdivision by Preliminary Plat
of Village Pointe Plaza
6.Approve First Amendment to the LCDA Grant Agreement for
Village Pointe Plaza
Questions?
I T E M: 7.
C O UNC I L ME E T I NG D AT E:J uly 27, 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./J uly 25 11:00 a.m.Infinity Wealth Alliance Ribbon C utting C eremony
Wed./J uly 26 7:00 p.m.Municipal C enter MAC Noise Program -
MSP Listening Session
T hur./J uly 27 6:00 p.m.Municipal C enter ED A Meeting
T hur./J uly 27 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
Fri./J uly 28 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music
in Kelley Park C oncert Series
Tue./Aug. 1 11:30 a.m.-1:30 p.m.Kelley Park Business Watch Picnic
Tue./Aug. 1 5:00-10:00 p.m. Annual Night to Unite
Wed./Aug. 2 7:00 p.m.Municipal C enter Planning Commission Meeting
Fri./Aug. 4 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music
in Kelley Park C oncert Series
T hur./Aug. 10 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting
T hur./Aug. 10 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
Fri./Aug. 11 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music
in Kelley Park C oncert Series
Wed./Aug. 16 9:00 a.m.Municipal C enter Firefighters Relief Association
Meeting
Wed./Aug. 16 7:00 p.m.Municipal C enter Planning Commission Meeting
Fri./Aug. 18 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music
in Kelley Park C oncert Series
T hur./Aug. 24 5:30 p.m.Municipal C enter Special Informal C ity Council Meeting
T hur./Aug. 24 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
gathering. Only at events marked with an asterisk will any action of the Council take place.
B UD GE T IM PACT:
N/A