HomeMy WebLinkAbout09/28/2017 Meeting
M eeting L ocation: M unicipal C enter
7100 147th S treet West
Apple Valley, M innesota 55124
September 28, 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 September 14, 2017, Regular Meeting
B.A dopt Resolution Accepting Donation from Tami Swenson for Use by
Parks and Recreation Department
C .A pprove Manager in C onnection with C lub On-Sale Liquor Licenses at
A pple Valley American Legion, Post 1776, 14521 G ranada Drive
D.A pprove Change of General Manager in Connection with On-Sale Wine
and 3.2 Percent Malt Liquor Licenses at Chipotle Mexican Grill of
C olorado, LLC, d/b/a C hipotle Mexican Grill
E.A pprove Change of General Manager in Connection with On-Sale
Liquor License at Wadsworth Old Chicago, Inc., d/b/a Old C hicago,
14998 Glazier Avenue
F.A pprove 2017 Christmas Tree Sales Lot License for William E. Brabec
d/b/a Silver Bell Christmas Tree Farm on Lot 2, Block 1, East Valley
Plaza 3rd Addition
G.A uthorize Issuance of Pony Ride Permit to Amanda Ferrill and Pony
Parties Express, LLC
H.A pprove Truth-in-Taxation Insert
I.A dopt Resolution Restricting Parking along West Side of Hayes Road
from 144th Street W. to South of Haven Drive
J .A dopt Resolution Setting Public Hearing at 7:00 p.m. on October 26,
2017, to Vacate a Portion of Evendale Way and D rainage and Utility
Easements as Dedicated in Plat of Eagle Ridge Business Park
K.A dopt Resolution Approving Parking Variance for C ub Foods/Planet
Fitness on Lot 1, Block 1, C ub Foods 2nd Addition (15350 C edar
Avenue)
L.A dopt Resolution Approving 5 Ft. Front Yard Setback Variance at
15726 Hemlock C ourt
M.A dopt Resolution Approving Site Plan/Building Permit Authorization for
6,700 Sq. Ft. Building Additions and Revised Parking Area at Diamond
Path Elementary, 14455 Diamond Path
N.A pprove Consultant Agreement with Elert & Associates Networking
D ivision, Inc., for Project 2016-101, Water Meter Replacement
O.A pprove Professional Service Agreement with SL-serco, Inc., for Project
2016-101, Water Meter Replacement - Advanced Metering Infrastructure
(A MI) Deployment
P.A pprove License Agreement with Fair and Impartial Policing, LLC , for
Police Training
Q.A pprove Change Order No. 1 on Agreement with C lean 'N Seal, Inc., for
Project 2017-129, 2017 C oncrete C leaning & Sealing Services, and
A pprove Acceptance and Final Payment
R.A dopt Resolution Approving 2018 C ity Contribution toward Employee
G roup Insurance
S.A pprove Personnel Report
T.A pprove Claims and Bills
U.Set Special Informal C ity C ouncil Meeting at 5:00 p.m. on October 12,
2017
5.Regular Agenda Items
A.Proclaim October 8 through 14, 2017, as "Fire Prevention Week" and
A uthorize Activities Planned at Fire Stations
B.A nnounce C lean-up Day Event
6.Staff and C ouncil C ommunications
7.Approve C alendar of Upcoming Events
8.Adjourn
Regular meetings are broadcast, live, on C harter C ommunications C able Channel 180 and
on the C ity's website at www.cityof applevalley.org
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I T E M: 4.A .
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Minutes of S eptember 14, 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 September 14, 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
September 14, 2017
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held September 14, 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, Police Captain Francis,
Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director
Hedberg, City Planner Lovelace, Recreation Manager Muelken, Public Works Director Saam,
and Fire Chief Thompson.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. She welcomed the nursing
students from Normandale Community College in the audience. Everyone took part in the
Pledge of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Bergman, seconded by Grendahl, approving the agenda for tonight’s meeting,
as presented. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any
item not on this meeting’s agenda.
Mr. Mikell Smith, 17380 Pilot Knob Road, Lakeville, expressed interest in acquiring the
property the City owns in Lakeville.
Mr. Tom Lawell provided an update on the Council’s interest in selling the property.
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 Grendahl, seconded by Hooppaw, approving all items on the consent agenda
with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Grendahl, seconded by Hooppaw, approving the minutes of the regular meeting
of August 24, 2017, as written. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2017
Page 2
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-130
accepting, with thanks, the donation of $50.00 from Nora and Dan Anderson for
beautification of Lebanon Cemetery. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-131
accepting, with thanks, the donation of a Paramount Multi-Use Gym system from
Lisa Burch for use by the Fire Department. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving issuance of lawful gambling
exempt permits, by the State Gambling Control Board, to Sons of the American
Legion, Squadron 1776, for use on November 11, 2017, and December 9, 2017, at
the Apple Valley American Legion, 14521 Granada Drive, and waiving any
waiting period for State approval. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, amending board members of record for the
On-Sale Club License and Special License for Sunday Liquor Sales held by Apple
Valley American Legion, Post 1776, at 14521 Granada Drive, removing David
Riha as 1st Vice Commander; naming Robert Nelson as the new 1st Vice
Commander, Operations Group, and Past Commander; and Joseph Tappainer, Jr.,
as the new 2nd Vice Commander, as described in the City Clerk’s memo. Ayes -
5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, authorizing issuance of a 1 to 4 Day
Temporary On-Sale Liquor License to Shops on Galaxie Commission, by
Minnesota Alcohol and Gambling Enforcement Division, for use on October 7,
2017, from 3:00 to 7:00 p.m., in the parking lot at the Shops on Galaxie, located
at 15322 Galaxie Avenue, as described in the City Clerk’s memo. Ayes - 5 -
Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a new 2017 License to
Sell Tobacco or Tobacco Products to MJA Restaurants Apple Valley, LLC, d/b/a
PR’s Sports Bar, at 14889 Florence Trail, as described in the City Clerk’s memo.
Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-132
approving 2017 Special Assessment Roll No. 652, for hearing purposes, in the
total amount of $151,540.48 for delinquent utility charges, and setting the public
hearing, at 7:00 p.m., on October 12, 2017. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, cancelling the public hearing scheduled for
7:00 p.m. on September 28, 2017, to consider amending the Master Development
Program, and establishing a soil deficiency TIF District 18. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2017
Page 3
MOTION: of Grendahl, seconded by Hooppaw, authorizing the Status Jet Helicopter to land
at and take off from Johnny Cake Ridge Park on September 22, 2017, as
described in the Recreation Manager’s memo. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-133
approving the final plat and Development Agreement for Cobblestone Lake 9th
Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the release of financial guarantee
for Valley Oaks Dental, as listed in the Community Development Department
Assistant’s memo. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving wetland delineation for the
eastern portion of the Greenleaf Elementary School, at 13333 Galaxie Avenue, as
summarized in the complete revised delineation report of July 25, 2017. Ayes - 5
- Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-134 directing
the City Engineer to prepare plans and specifications for Project 2018-101, 2018
Street and Utility Improvements. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Fourth Amendment to
Antenna Lease Agreement with T-Mobile Central, LLC, for Palomino Lattice
Tower, as attached to the Utilities Public Works Superintendent’s memo, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Joint Powers Agreement with
Dakota County and the Cities of Burnsville, Eagan, Farmington, Hastings, Inver
Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, and
West St. Paul, for Pictometry cost sharing for 2017-2018, as attached to the City
Planner’s memo and authorizing the Mayor and City Clerk to sign the same.
Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-135 awarding
the agreement for Project 2017-162, Hayes Arena Storm Sewer Retrofits, to New
Look Contracting, Inc., the lowest responsible bidder, in the amount of
$107,080.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for Project 2017-
162, Hayes Arena Stormwater Retrofits (Plantings), with Applied Ecological
Services, Inc., in the amount of $16,325.00, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for 2017 Fall
Residential Clean-Up Day with Dick’s Sanitation, Inc., in an amount not to
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2017
Page 4
exceed $4,000.00, and authorizing the Mayor and City Clerk to sign the same.
Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for Project 2017-
180, Garrett Avenue Raingardens, with Minnesota Native Landscapes, Inc., in the
amount of $15,310.00, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with Pember Companies, Inc., in the amount of an additional
$1,924.00 for additional lake dredging and floating silt curtain; and accepting
Project 2016-169, Keller Lake Boat Ramp (Excavation), as complete and
authorizing final payment in the amount of $4,107.50. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with Krueger Excavating, Inc., in the amount of an additional
$1,000.00 to replace a gate valve; and accepting Project 2017-173, 2017 Water
Break – Gate Valve Repairs, as complete and authorizing final payment in the
amount of $40,500.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, accepting Project 2016-101, Water Meter
Procurement, as complete and authorizing final payment on the Statement of
Work with SL-serco, Inc., in the amount of $25,000.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, accepting Project 2017-172, Valley Middle
Park Shelter Roofing, as complete and authorizing final payment on the
agreement with Redline Architectural Sheet Metal, LLC, in the amount of
$30,360.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving hiring the seasonal and part-time
employees, promotion of employee, retirement of employee, and resignation of
employee as listed in the Personnel Report dated September 14, 2017. Ayes - 5 -
Nays - 0
MOTION: of Grendahl, seconded by Hooppaw, to pay the claims and bills, check registers
dated August 16, 2017, in the amount of $648,651.62, August 23, 2017, in the
amount of $1,843.242.99, and August 30, 2017, in the amount of $561,296.13.
Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
PROPOSED 2018 CITY BUDGET AND PROPERTY TAX LEVY
Mayor Hamann-Roland said tonight the maximum levy for the 2018 budget will set, but the
actual levy could go down.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2017
Page 5
Mr. Hedberg presented the proposed 2018 budget and tax levy. He pointed out that once the
preliminary budget is adopted, the total levy amount may decrease, but not increase. He
reviewed the budget timeline. Staff recommends the Council set the public budget meeting,
formerly called the Truth-in-Taxation hearing, for December 14, 2017, which is a regularly
scheduled Council meeting.
Mayor Hamann-Roland reminded everyone that Apple Valley property owners do not receive
special assessments for street maintenance projects.
Mr. Hedberg reviewed the budget climate, considerations, and significant impacts for 2018. The
2018 proposed budget requires a total levy of $25,793,000, an increase of $953,000 or 3.84%
from 2018.
Discussion followed.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2017-136
approving the proposed 2018 budgets, with total revenue of $70,917,735 and
expenditures of $84,281,220, and approving the proposed tax levy collectible in
2018 of $25,793,000. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded Grendahl, setting a public budget meeting on the proposed
2018 budgets and tax levy, at 7:00 p.m. on December 14, 2017. Ayes - 5 - Nays -
0.
TELECOMMUNICATIONS ADVISORY COMMITTEE VACANCY
Ms. Gackstetter reviewed her memo regarding a vacancy on the Telecommunications Advisory
Committee with a term expiring March 1, 2018. Council may wish to extend an invitation to
individuals interested in serving on this Committee to submit an application to the City Clerk by
October 31, 2017. An appointment could then be made in November.
MOTION: of Grendahl, seconded by Hooppaw, directing staff to post the
Telecommunications Advisory Committee vacancy and inviting individuals
interested in serving on the Committee to submit an application to the City Clerk
by October 31, 2017. Ayes - 5 - Nays - 0.
COMMUNICATIONS
Mayor Hamann-Roland thanked Michael Sindt and all involved for the successful Le Tour de
Apple Valley community bike ride held last weekend.
Mr. Lawell reminded everyone that Fall Clean-up Day is scheduled for September 30, 2017,
from at 8:00 a.m. to 1:00 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2017
Page 6
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events
as included in the Deputy City Clerk’s memo, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0.
CLOSE MEETING, LABOR NEGOTIATIONS
Mayor Hamann-Roland requested a motion to close the meeting under the exceptions to the open
meeting law to discuss labor negotiations.
MOTION: of Bergman, seconded by Grendahl, to enter into a closed meeting and convene in
closed session to discuss AFSCME and LELS union labor negotiations. Ayes - 5
- Nays - 0.
The Council convened in the Regent Conference Room at 7:45 p.m. In attendance were Mayor
Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw; City
Administrator Lawell; City Clerk Gackstetter; Human Resources Manager Haas; Police Captain
Francis, Finance Director Hedberg; and Public Works Director Saam. The meeting was tape
recorded as required by law. The Council reconvened in open session at 8:09 p.m.
MOTION: of Grendahl, seconded Goodwin, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:10 o’clock p.m.
Respectfully Submitted,
/s/ Pamela J. Gackstetter
Pamela J. Gackstetter, City Clerk
Approved by the Apple Valley City Council
on . Mary Hamann-Roland, Mayor
I T E M: 4.B .
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Accepting Donation f rom Tami S wenson f or Use by P arks and Recreation
Department
S taff Contact:
P arks S uperintendent Tom Adamini
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Adopt resolution accepting the donation of $150.00 cash from Tami Swenson for use by the
Parks and Recreation Department toward the purchase of a memorial tree for C obblestone
Lake Park.
S UM M ARY:
Tami Swenson has offered to donate $150.00 toward the purchase of a tree for C obblestone
Lake Park in memory of Mitchell Swenson. Attached, please find a proposed resolution
accepting the donation from Ms. Swenson and thanking her for her generosity.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
$150.00 donation
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-___
A RESOLUTION ACCEPTING DONATION
WHEREAS, the City Council of Apple Valley encourages public donations to help defray
costs to the general public of providing services and improve the quality of life in Apple Valley;
and
WHEREAS, Tami Swenson has offered to donate $150.00 to be utilized by the Parks and
Recreation Department toward the purchase of a memorial tree for Cobblestone Lake Park; and
WHEREAS, Minnesota Statues 465.03 requires that all gifts and donations of real or
personal property be accepted only with the adoption of a resolution approved by two-thirds of the
members of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City.
BE IT FURTHER RESOLVED that the City sincerely thanks the Ms. Swenson for her
gracious donation.
ADOPTED this 28th day of September, 2018.
___________________________________
Mary Hamann-Roland, Mayor
ATTEST:
______________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.C.
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Manager in C onnection with C lub O n-S ale L iquor L icenses at A pple Valley A merican
L egion, Post 1776, 14521 Granada Drive
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 manager for Apple Valley A merican Legion, Post 1776 , in connection with the On-
Sale C lub License and Special License for Sunday Liquor Sales, at 14521 Granada Drive,
naming Dawn Michelle Blair as Day Bar Manager.
S UM M ARY:
Apple Valley American Legion, Post 1776, has filed a manager application required in
connection with its On-Sale C lub License and Special License for Sunday Liquor Sales at
14521 Granada Drive, naming Dawn Michelle Blair as Day Bar Manager.
A personal information form has been filed and the Police Department has conducted the
necessary background investigation indicating nothing to preclude the C lub from continuing
to hold its license.
T he records will show:
Name Title
Carla Tappainer Commander
Robert Nelson 1st Vice Commander, Operations Group, Past C ommander
J oseph Tappainer, J r.2nd Vice Commander
Gary Odegard Adjutant/Finance Officer
Rodney Southwick Sergeant at A rms
Wayne Brinton Operations G roup C hair
J ohn Ohotto Operations G roup
Stephen T hell Operations G roup
Marv J arvis Gambling Manager
Lowell J ay Doocy Pull Tabs Administrator
J oan Guse Office Manager
Linsey L. Green Club Manager
Dawn Blair Day Bar Manager
B AC K G RO UND :
City C ode Section 111.34 provides for C ity C ouncil approval of such changes.
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 :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Change of General Manager in C onnection with On-S ale W ine and 3.2 Percent Malt
L iquor L icenses at C hipotle Mexican Grill of Colorado, L L C , d/b/a Chipotle Mexican Grill
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 change of G eneral Manager at C hipotle Mexican G rill of C olorado, LLC , d/b/a
Chipotle Mexican Grill, in connection with the On-Sale Wine and 3.2 Percent Malt Liquor
Licenses, at 7638 150th Street W., naming Mark Stuart Beverly as G eneral Manager.
S UM M ARY:
Chipotle Mexican Grill of Colorado, LLC, d/b/a C hipotle Mexican Grill has filed an
application for a change of General Manager required in connection with its On-Sale Wine
and 3.2 Percent Malt Liquor Licenses at 7638 150th Street W. Mr. Mark Stuart Beverly is
being named General Manager.
A personal information form has been filed on this individual and the Police Department has
conducted the necessary background investigation indicating nothing to preclude the business
from continuing to hold a license.
B AC K G RO UND :
City C ode Section 111.34 provides for C ity C ouncil approval of such changes.
B UD G E T I M PAC T:
N/A
I T E M: 4.E .
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Change of General Manager in C onnection with On-S ale L iquor L icense at Wadsworth
Old Chicago, I nc., d/b/a Old C hicago, 14998 Glazier Avenue
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 change of General Manager for Wadsworth Old C hicago, Inc., d/b/a Old
Chicago, in connection with the On-Sale Intoxicating Liquor License and Special License for
Sunday Liquor Sales, at 14998 Glazier Avenue, naming Ron J ose Reyes as General
Manager.
S UM M ARY:
Wadsworth Old C hicago, Inc., d/b/a Old C hicago has filed an application for a change of
General Manager required in connection with its On-Sale Intoxicating Liquor License and
Special License for Sunday Liquor Sales at 14998 Glazier Avenue. Mr. Ron J ose Reyes is
being named General Manager.
A personal information form has been filed on this individual and the Police Department has
conducted the necessary background investigation indicating nothing to preclude the business
from continuing to hold a license.
B AC K G RO UND :
City C ode Section 111.34 provides for C ity C ouncil approval of such changes.
B UD G E T I M PAC T:
N/A
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove 2017 Christmas Tree S ales L ot L icense for W illiam E . B rabec d/b/a Silver B ell
Christmas Tree F arm on L ot 2, Block 1, E ast Valley Plaza 3rd Addition
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 2017 C hristmas Tree Sales Lot License to William E. Brabec d/b/a
Silver Bell C hristmas Tree Farm on Lot 2, Block 1, East Valley Plaza 3rd Addition.
S UM M ARY:
An application for a C hristmas Tree Sales Lot License from William E. Brabec d/b/a Silver
Bell C hristmas Tree Farm has been submitted. T he requested property where the business
will be conducted is Lot 2, Block 1, East Valley Plaza 3rd Addition, generally located
between Upper 141st Street and 140th Street, adjacent to New Horizon C hild Care.
B AC K G RO UND :
T he application meets the conditions of the ordinance and can be approved. Under the
licensing ordinance, tree sales lots are inspected twice; once for compliance after they have
been set up, and again for clean up around J anuary 5th.
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 :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A uthorize I ssuance of Pony Ride P ermit to A manda F errill and Pony P arties E xpress, L L C
S taff Contact:
Director Barry B ernstein
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Authorize issuance of pony ride permit to Ms. Amanda Ferrill and Pony Parties Express,
LLC, in conjunction with a birthday party at Farquar Park Saturday, October 7, 2017,
pursuant to C ity C ode Section 95.03 (M).
S UM M ARY:
City Code prohibits horses within any city park without a permit issued by City Council.
Amanda Ferrill is requesting authorization to have pony rides in Farquar Park as part of her
daughter's birthday party Saturday, O ctober 7, 2017.
B AC K G RO UND :
Amanda Ferrill of Apple Valley has reserved Farquar Park's west shelter to host her child’s
birthday party on Saturday, October 7, 2017, from approximately 12:00 noon to 4:00 p.m. In
conjunction with the party, she would like to offer pony rides to the party participants.
City C ode Section 95.03 (M) states, “No person shall ride a horse or other animal within any
park unless in possession of a permit issued by the C ity C ouncil or as part of an organized
community event.”
Ms. Ferrill has hired Pony Parties Express, LLC , of Lakeville to provide the rides and has
furnished a copy of their liability insurance certificate. Staff will work with Ms. Ferrill to
assure the pony rides will not interfere with any other park users or activities and the Pony
Parties Express, LLC , employees will be responsible for cleaning up after the ponies.
If the C ity C ouncil chooses to authorize the pony ride permit, a motion authorizing issuance
of the permit would be in order. T hank you for your consideration of this request.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Exhibit
City of
Parks and Recreation Department
7100 - 147th Street West
Apple Valley, MN 55124
952 / 953-2300
September 28, 2017
Ms. Amanda Ferrill of 12655 Germane Avenue, Apple Valley, is hereby issued a
pony ride permit pursuant to City Code Section 95.03 (M), and authorized, with Pony
Parties Express, LLC, of Lakeville, Minnesota, to offer pony rides in conjunction with a
birthday party at Farquar Park on Saturday, October 7, 2017.
EXECUTED as of the day and year written below.
CITY OF APPLE VALLEY
Date By
Mary Hamann-Roland, Mayor
Date And
Pamela J. Gackstetter, City Clerk
*Ms. Farrill shall work with Pony Parties Express, LLC, to assure the pony rides will not interfere with
any other park users or activities.
*Ms. Farrill shall also insure Pony Parties Express, LLC, employees will clean up after the ponies and
the area will be returned to usable park area after the event.
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Truth-in-Taxation I nsert
S taff Contact:
Ronald Hedberg, F inance D irector
D epartment / D ivision:
F inance Department
AC T I O N RE Q UE S T E D:
Motion to approve the attached Truth in Taxation Insert.
S UM M ARY:
T he C ity of Apple Valley has the option to include a 1/3 page insert along with the Truth in
Taxation Notice that will be mailed to property owners in November. T he insert provides the
opportunity to include additional information on the budget. Staff recommends that an insert
be included with the notice and attached is a draft of the proposed insert. We propose to
have it printed in color on plain paper. T he focus of this year’s insert is on the budget
impacts of the annual street maintenance program and the water meter replacement program.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
T he printing and inserting costs of the insert are the responsibility of the C ity. T he printing
cost for 18,600 color inserts will be approximately $700. T he City’s share of the County’s
cost for sending out last the pay 2017 Truth in Taxation Notices was $3,271.
AT TAC HM E NT S:
Exhibit
Apple Valley’s Budget Preserves the Public’s Investment in our Infrastructure
The City’s 2018 property tax levy reflects the City Council’s focus on protecting and maintaining the condition of the
City’s infrastructure by addressing upcoming street and utility reconstruction needs.
The 2018 budget provides for the Street Maintenance Program in addition to the replacement of the utility meters. Some of Apple Valley’s oldest
streets have reached the point of requiring reconstruction. The City Council’s policy avoids levying special assessments for street maintenance
costs against benefiting properties. Instead, the City Council chose to apply a significant portion of the annual property tax levy towards the
Street Maintenance Program thereby avoiding the need to levy additional special assessments. Also in 2018, the City will begin the replacement
of water meters throughout the City. This is an expense of the water utility and there will not be a separate charge to the utility customer.
The City Council approved the preliminary budget for 2018 on September 14, 2017. The result of the proposed budget on the median-valued
home is an increase of approximately $24 in City taxes, or 2.4%, for a total of $990. See the back for the breakdown on how your tax dollars are
used by the City. The levy to support the proposed 2018 budget shows an increase of 3.8%, for a total of $25,793,000. The total tax levy
includes the annual Street Maintenance Program funding which increases to $3,417,100.
Breakdown of Property Tax Levy 2017 2018 Change % Change
General Fund $19,812,070 $20,441,125 $ 629,055 3.2%
Street Maintenance Program 3,332,100 3,417,000 84,900 2.6%
Municipal Building Fund 181,000 381,000 200,000 110.5%
Ice Arena Support 121,000 121,000 -0- 0.0%
Debt Service 1,393,830 1,432,875 39,045 2.8%
Total $ 24,840,000 $ 25,793,000 $ 953,000 3.8%
For additional information on the City’s budget, look for information in the City’s newsletter the CityNews, call Finance Director Ron Hedberg,
at 952-953-2540, attend the Truth in Taxation Meeting on December 14, 2017, or visit the City’s website at www.ci.apple-valley.mn.us.
Street Maintenance Program Addresses Over 53 Miles of Street in First Five Years
The Street Maintenance Program preserves the condition of the streets
throughout the community. Residents and property owners are not specially
assessed for this work, as the costs of the program are incorporated into the
property tax levy. Approximately $115 of the 2018 property tax bill for the
median-valued home of $239,100 will go to support the annual Street
Maintenance Program.
In the first four years of operation, the City of Apple Valley completed
maintenance on approximately 53 miles of streets consisting of one of the
following three methods:
• Micro-surfacing/fog sealing - sealing the pavement surface
• Overlay - placement of a new 1-inch to 2-inch thick asphalt surface
on the street
• Full-depth pavement replacement
For more information on the annual Street Maintenance Program visit the City of Apple Valley’s website at www.ci.apple-valley.mn.us.
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Restricting P arking along West Side of Hayes Road f rom 144th Street W. to
S outh of Haven D rive
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:
Adopt resolution restricting parking a lo ng portions of the west side of Hayes Road from
144th Street W. to south of Haven Drive.
S UM M ARY:
Attached for City C ouncil consideration is a resolution restricting parking along a portion of
the west side of Hayes Road, from 144th Street W. to just south of Haven Drive. T his
request is based on a concern that was brought before the C ity’s Traffic Safety Advisory
Committee (T SA C ) late last year. T SA C recommended parking restrictions be
implemented. T he following areas are proposed to be restricted (see attached Figure 1)
along the west side of Hayes Road:
For 110-feet both north and south of the centerline of Haven D rive;
For 100-feet both north and south of Upper 145th Street W.; and
Beginning on the south side of 144th Street W., going south for 250-feet.
B AC K G RO UND :
At the November 9, 2016, T SA C meeting, a resident expressed concern about traffic
volumes and speed on Hayes Road. T his resident had collected neighborhood concerns via
the internet and distributed these to T SA C members. T he resident said that C ommunity
Center field event parking on either side of Hayes Road reduces sight lines and obscures
pedestrian and driver visibility in the area. T he resident stated the problem occurs just north
of 160 Hayes Road on the west side of the roadway.
Following the meeting, staff completed a review of the corridor and agreed that some parking
restrictions would be warranted to assist with pedestrian movements and crossings near
intersections.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Exhibit
R esolution
HAYES ROADHAYES ROAD HAYES ROAD
145TH ST WUPPER 145TH ST WHAVEN DR144TH ST WPBETWEENSIGNSPBETWEENSIGNSPCORNERTO HEREHERE TOCORNERPPBETWEENSIGNSPBETWEENSIGNSS:\PUBLIC-WORKS\PRIVATE\PROJECTS\ENGINEERING\152ND ST NO PARKING EX.DWG
CITY OF APPLE VALLEY
NO PARKING
HAYES ROAD PARKING
FIGURE 1
PROPOSED NO PARKING ZONE N0 60'120'
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION RESTRICTING PARKING ALONG HAYES ROAD
WHEREAS, the City Council previously approved resolution no. 2004-70 which allowed
parking along the west side of Hayes Road from Haven Drive to 145th Street West; and
WHEREAS, the Traffic Safety Advisory Committee has recommended the installation of
No Parking signs near intersections and crosswalks located along the west side of Hayes Road
from Haven Drive to 144th Street West.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the parking of vehicles is hereby prohibited:
Along the west side of Hayes Road from 110’ south of Haven Drive to 110’ north of Haven
Drive,
Along the west side of Hayes Road from 100’ south of Upper 145th Street West to 100’
north of Upper 145th Street West,
Along the west side of Hayes Road from 144th Street West to 250’ south of 144th Street
West.
BE IT FURTHER RESOLVED THAT APPROPRIATE No Parking signs on said street
segments are hereby ordered installed.
ADOPTED this 28th day of September 2017.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E :S eptember 28, 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 October 26, 2017, to Vacate a Portion
of E vendale Way and D rainage and Utility E asements as D edicated in P lat of E agle R idge
B usiness P ark
S taff Contact:
A lex Sharpe, P lanning and E conomic Development
S pecialist
D epartment / Division:
C ommunity D evelopment Department
Applicant:
Wasatch Storage Partner's, L L C
P roject Number:
P C17-32-S F G B
Applicant Date: 8/23/2017 60 Days: 10/22/2017 120 Days: 12/21/2017
AC T I O N RE Q UE S T E D:
T he City C ouncil is asked to adopt the draft resolution setting a public hearing at 7:00 p.m.
on October 26, 2017, to vacate a portion of Evendale Way and drainage and utility
easements as dedicated in the plat of Eagle Ridge Business Park, generally located at the
North West C orner of J ohnny C ake Ridge Road and Upper 147th Street.
S UM M ARY:
Attached for your consideration is information concerning the proposed vacation of a portion
of Evendale Way, and drainage/utility easements along the roadway. A preliminary and final
plat, as well as a site plan/building permit authorization application are currently being
reviewed by the Planning C ommission for the construction of a self storage facility on land
known as the Patina property. A site location, and site plan are included to this report for
reference. As proposed, a portion of Evendale Way would be required to be vacated, as well
as the drainage and utility easements adjacent to the roadway.
B AC K G RO UND :
Wasatch Storage Partner's, LLC , has submitted an application for a preliminary and final
plat, as well as a site plan/building permit authorization for the construction of a self storage
facility. T he property is generally located at the north west corner of J ohnny C ake Ridge
Road and Upper 147th Street. T hese applications are currently under review at the Planning
Commission.
T he proposal is to plat the property into 3 lots, the largest of which to be utilized by the
storage facility. A total of 802 storage units are proposed, but this could change if the
configuration of the building is amended during the review process. T he facility is proposed
to be approximately 125,000 sq. ft. and is unique in that a majority of the units are proposed
to be access from driving into the structure. T he remaining units will be accessed via exterior
doors, like most storage facilities.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
Exhibit
Map
Exhibit
Exhibit
Preliminary P lat
Site P lan
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-___
A RESOLUTION SETTING A PUBLIC HEARING ON PROPOSED
VACATION OF PUBLIC GROUNDS
BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,
Minnesota, that the City Clerk be, and hereby is, directed to schedule the public hearing
specified in the notice attached hereto as Exhibit A and is further directed to cause said notice to
be published for two weeks in the Apple Valley Sun Thisweek. The City Clerk is further
directed to post copies of Exhibit A, pursuant to Minnesota Statutes Chapter 412.851, at least
two weeks prior to the scheduled date of said hearing.
ADOPTED this ____ day of ____________, 20__.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
NOTICE OF HEARING
ON PROCEEDINGS FOR VACATION OF
PUBLIC GROUNDS IN THE CITY OF APPLE VALLEY
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the Municipal Center of the City of Apple Valley,
Dakota County, Minnesota, will meet at the City Hall, 7100 West 147th Street, at 7:00 p.m., or
as soon thereafter as possible, on Thursday, October 26, 2017, to consider the matter of
vacation of the following described public grounds in the City of Apple Valley, pursuant to
Minnesota Statutes 412.851:
See Attached Legal Description and Exhibit
Such persons as desire to be heard with reference to the proposal will be heard at this
meeting.
DATED this ____ day of ____________, 20__.
__________________________________
Pamela J. Gackstetter, City Clerk
E X H I B I T A
144TH ST W
JOHNNY CAKE RIDGE RDUPPER 147TH ST W EVENDALE WAYEVEREST AVEUPPER 147TH ST W
144TH ST W
Wasatch Storage Partners Self-Storage Application Site
µ
LOCATION MAP ^
LOUCKS
KNOW ALL PERSONS BY THESE PRESENTS: That Patina Apple Valley Land, LLC, a Minnesota limited liablity
company, owner of the following described property:
Outlot A, EAGLE RIDGE BUSINESS PARK, according to the recorded plat thereof, Dakota County, Minnesota.
Abstract Property
AND
That part of Vacated Evendale Way, as dedicated in the plat of EAGLE RIDGE BUSINESS PARK; according to
the recorded plat thereof, Dakota County, Minnesota, lying northwesterly of the following described line:
Beginning at the northwest corner of Lot 1, Block 1, said EAGLE RIDGE BUSINESS PARK; thence North 73
degrees 01 minutes 52 seconds East, on an assumed bearing along the northerly line of said Lot 1, a distance
of 160.59 feet to a point of curve in said northerly line; thence easterly and southeasterly a distance of 113.76
feet, along said northerly line, to the point of beginning of the line to be described; thence North 73 degrees
01 minutes 52 seconds East, not tangent to said curve, to the easterly line of said Evendale Way and said line
there terminating.
Accruing thereto by reason of vacation.
Has caused the same to be surveyed and platted as APPLE VALLEY WASATCH, and does hereby dedicate to the
public for public use forever the public way and the drainage and utility easements as created by the plat.
In witness whereof said Patina Apple Valley Land, LLC, a Minnesota limited liablity company, has caused these
presents to be signed by its proper officer this ______ day of ____________________, 20____.
PATINA APPLE VALLEY LAND, LLC
____________________________________
Christina Caulkins, President
State of ________________
County of ______________
This instrument was acknowledged before me on ____________________________ by Christina Caulkins, President of
Patina Apple Valley Land, LLC, a Minnesota limited liablity company, on behalf of the company.
_________________________________________
(Signed)
_________________________________________
(Printed Name)
Notary Public ____________________ County, ______________
My Commission Expires ___________________
SURVEYORS CERTIFICATE
I, Henry D. Nelson, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a
duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary
survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on
the plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in
Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and
all public ways are shown and labeled on this plat.
Dated this ______ day of ____________________, 20_____.
__________________________________________
Henry D. Nelson, Licensed Land Surveyor
Minnesota License No. 17255
State of Minnesota
County of HENNEPIN
This instrument was acknowledged before me on _______________________________ by Henry D. Nelson.
_________________________________________
(Signed)
_________________________________________
(Printed Name)
Notary Public ____________ County, Minnesota
My Commission Expires January 31, 20_____
CITY COUNCIL, CITY OF APPLE VALLEY, MINNESOTA
This plat of APPLE VALLEY WASATCH was approved and accepted by the City Council of the City of Apple Valley,
Minnesota at a regular meeting thereof held this ______ day of ____________________, 20_____, and said plat is in
compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.
By:____________________________, Mayor By:_____________________________, Clerk
COUNTY SURVEYOR
I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed
and approved this ______ day of ____________________, 20_____.
By: ___________________________________________
Todd B. Tollefson
Dakota County Surveyor
DEPARTMENT OF PROPERTY TAXATION AND RECORDS
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20_____ on the land hereinbefore
described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and
transfer entered this ______ day of ____________________, 20_____.
By: ________________________________, Director By:_____________________________, Deputy
COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of APPLE VALLEY WASATCH was filed in the office of the County Recorder for public
record on this ________ day of ________________________, 20_____, at __________ o'clock _____.M., and was duly
filed in Book __________ of Plats, Page__________, as Document No.__________.
By _______________________________, County Recorder
By _______________________________, Deputy
LOUCKS
N
SCALE IN FEET
0 50
SITE
N
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
CADD QUALIFICATION
LOUCKS
W:\2007\07112I\CADD DATA\CIVIL\_dwg Sheet Files\C2-1Plotted: 08 /22 / 2017 5:16 PM7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
SUBMITTAL/REVISIONS
PROFESSIONAL SIGNATURE
QUALITY CONTROL
WASATCH
STORAGE
FACILITY
APPLE VALLEY, MN
WASATCH STORAGE
PARTERNS
08/23/17 CITY SUBMITTAL
C1-1 DEMOLITION PLAN
C2-1 SITE PLAN
C3-1 GRADING PLAN
C3-2 SWPPP
C3-3 SWPPP
C4-1 UTILITY PLAN
C8-1 CIVIL DETAILS
C8-2 CIVIL DETAILS
L1-1 LANDSCAPE PLAN
L1-2 LANDSCAPE DETAILS
PH-1 PHOTOMETRICS PLAN
Review Date
SHEET INDEX
License No.
Date
I hereby certify that this plan, specification or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Professional Engineer under the
laws of the State of Minnesota.
Jonathan J. Donovan - PE
44613
Project Lead
Drawn By
Checked By
Loucks Project No.07112-0I
JJD
DDL
JJD
08/23/17
--
Review Date
SHEET INDEX
License No.
Date
I hereby certify that this plan, specification or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Landscape Architect under the laws
of the State of Minnesota.
Gregory A. Johnson - LA
Project Lead
Drawn By
Checked By
Loucks Project No.
24610
SITE PLAN
C2-1
SITE PLAN GENERAL NOTES
1.SETBACKS:
FRONT BUILDING SETBACK = 50 FT FRONT PARKING SETBACK = 20 FT.
SIDE BUILDING SETBACK = 10 FT.SIDE PARKING/RESIDENTIAL = 5
SIDE BUILDING SETBACK/RESIDENTIAL = 60 FT.SIDE PARKING/RESIDENTIAL = 20
REAR BUILDING SETBACK = 10 FT.REAR REAR SETBACK = 5 FT.
2.ZONING
EXISTING ZONING = I-2 PROPOSED ZONING = I-2
3. PARKING SUMMARY
REGULAR STALLS = 5
HANDICAP STALLS =2
STALLS AT STORAGE DOOR = 99
PROOF OF PARKING STALLS =58
TOTAL PARKING PROPOSED =164
TOTAL PARKING REQUIRED =164
4. AREA
TOTAL SITE AREA = 307,904 SF = 7.07 ACRES
EXISTING IMPERVIOUS SURFACE AREA =0 SQ.FT. OR 0 AC. = 0.0%
EXISTING PERVIOUS SURFACE AREA = 307,904 SQ.FT. OR 7.07AC. = 100.0%
PROPOSED IMPERVIOUS SURFACE AREA = 205,202 SQ.FT. OR 4.71 AC. = 66.6%
PROPOSED PERVIOUS SURFACE AREA = 102,702 SF = 2.36 AC. = 33.3%
5. ALL PAVING, CONCRETE CURB, GUTTER AND SIDEWALK SHALL BE FURNISHED AND
INSTALLED IN ACCORDANCE WITH THE DETAILS SHOWN PER SHEET C8-1 AND THE
REQUIREMENTS OF THE CITY.
6. THE CITY DEPARTMENT OF ENGINEERING AND BUILDING INSPECTIONS DEPT. AND
THE CONSTRUCTION ENGINEER SHALL BE NOTIFIED AT LEAST 48 HOURS PRIOR TO
ANY WORK WITHIN THE STREET RIGHT OF WAY (SIDEWALK, STREET OR DRIVEWAYS)
7. MINNESOTA STATE STATUTE REQUIRES NOTIFICATION PER "GOPHER STATE ONE
CALL" PRIOR TO COMMENCING ANY GRADING, EXCAVATION OR UNDERGROUND
WORK.
8. SEE CONTRACT SPECIFICATIONS FOR ANY REMOVAL DETAILS.
9. ANY SIGN OR FIXTURES REMOVED WITH IN THE RIGHT OF WAY OR AS PART OF THE
SITE WORK SHALL BE REPLACED BY THE CONTRACTOR IN ACCORDANCE WITH THE
CITY REQUIREMENTS. THE CONTRACTOR SHALL PRESERVE AND MAINTAIN ANY
EXISTING STREET LIGHTS AND TRAFFIC SIGNS PER THE REQUIREMENTS OF THE CITY.
10.CLEAR AND GRUB AND REMOVE ALL TREES, VEGETATION AND SITE DEBRIS PRIOR TO
GRADING. ALL REMOVED MATERIAL SHALL BE HAULED FROM THE SITE DAILY. ALL
CLEARING AND GRUBBING AND REMOVALS SHALL BE PERFORMED PER THE
CONTRACT SPECIFICATIONS. EROSION CONTROL MEASURES SHALL BE IMMEDIATELY
ESTABLISHED UPON REMOVAL. (SEE SHEET C3-1)
11.THE CONTRACTOR SHALL BE REQUIRED TO OBTAIN ALL PERMITS FROM THE CITY AS
REQUIRED FOR ALL WORK WITH THE STREET AND PUBLIC RIGHT OF WAY.
12.A SIGNIFICANT PORTION OF SITE IMPROVEMENTS NOT SHOWN ON THIS SHEET ARE
DESCRIBED AND PROVIDED IN FURTHER DETAIL ON THE ARCHITECTURAL AND
LANDSCAPE PLANS. THIS INCLUDES LANDSCAPING, LIGHTING AND OTHER FIXTURES.
13.B612 CONCRETE CURB AND GUTTER SHALL BE INSTALLED AT THE EDGE OF ALL
COMMON DRIVES AND PARKING LOTS. B618 CONCRETE CURB AND GUTTER S HALL
BE INSTALLED IN PORTION OF PUBLIC IMPROVEMENTS PROJECT IN EVENDALE WAY.
14.THE CONTRACTOR SHALL SAW-CUT BITUMINOUS AND CONCRETE PAVEMENTS AS
REQUIRED PER THE SPECIFICATIONS. REMOVE EXISTING CURB AND GUTTER AND
INSTALL B618 CONCRETE CURB AND GUTTER.
15.SEE SHEETS C3-1 AND C4-1 FOR GRADING AND UTILITIES.
WARNING:
THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL
EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN
MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES.
THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT
LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES,
CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE
DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED
DURING CONSTRUCTION AT NO COST TO THE OWNER.
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N
PAVMENT LEGEND
BITUMINOUS PAVEMENT
(PRIVATE DEVELOPMENT)
BITUMINOUS PAVEMENT
(PUBLIC IMPROVEMENT)
STANDARD CONCRETE
HEAVY DUTY CONCRETE
I T E M: 4.K .
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving Parking Variance for C ub Foods/Planet F itness on L ot 1, Block 1,
Cub F oods 2nd Addition (15350 Cedar Avenue)
S taff Contact:
T homas L ovelace, City P lanner
D epartment / Division:
C ommunity D evelopment Department
Applicant:
S upervalu Holdings, I nc.
P roject Number:
P C17-28-V
Applicant Date: 8/23/2017 60 Days: 10/21/2017 120 Days: 12/20/2017
AC T I O N RE Q UE S T E D:
Adopt a resolution approving a variance to allow for a minimum of 433 parking spaces and
48 proof-of-parking spaces for a 88,210 sq. ft. retail grocery store and 19,900 sq. ft. fitness
center on Lot 1, Block 1, Cub Foods 2nd Addition.
S UM M ARY:
For your consideration is a request from Supervalu Holdings, Inc., for a variance from the
minimum parking requirements for a grocery store and fitness facility. T he applicant will be
downsizing their current grocery store, located at 15350 C edar Avenue, from 108,110 sq. ft.
to 88,210 sq. ft. and leasing out the remaining 19,900 sq. ft. to Planet Fitness for a fitness
center.
Minimum parking requirements for a retail grocery store is "one space for each 150 feet of
floor area up to a total of 20,000 sq. ft.; thereafter, one space for each 200 sq. ft. of floor
area". Recreation and sports training facilities such as Planet Fitness has a minimum parking
requirement of "one space for every three occupants, based on the maximum occupant load
of the building". Upward or downward revisions may be considered based upon experiences
of the city.
Based upon historical information related to this site, it is expected that 71% (62,629 sq.
ft.) of the grocery store will be available to the customer. T herefore, the minimum parking
requirement would be 346 spaces. Planet Fitness will have a maximum occupancy of 359
persons, which would require 120 parking spaces. T he site plan shows 434 parking spaces,
363 spaces in the front of the building and 71 spaces in the rear. T hey also identify 20
proof-of-parking spaces in the southwest corner of the site and 28 along the west side of the
building directly adjacent to the proposed relocated drive-through pharmacy window.
During the past several years there has been discussion regarding parking requirements for
large retail operations that have focused on the assumption that the parking calculations have
been based on peak demand on days such as the weekend after T hanksgiving. T he applicant
has prepared and submitted to staff for review an analysis of parking demand for the two
uses. It shows that normal peak parking demand for both uses will be from 5-6:00
p.m. during the week and 12-1:00 p.m. on the weekend. T he information provided by the
applicant indicates that at no time will the demand reach or exceed the available parking in
the front of the building during normal day to day business operations.
T hey have also provided information on parking demand during the peak days of the year.
T hey include demand for the days before T hanksgiving, C hristmas Eve, New Years Day,
Easter, and the Super Bowl. T hey would expect to exceed the available parking in the front
of the building from 3-6:00 p.m. during the days before T hanksgiving and Christmas; and 1-
2:00 p.m. on D ecember 31. T he proposed parking spaces in the rear of the building will be
utilized for employee parking and would be able to address any parking stress on the front
lot.
Staff expressed concerns regarding potential conflicts with access by delivery and
emergency vehicles with the proposed parking in the rear of the building. T he applicant has
submitted auto-turn plans that have been reviewed by staff and no significant issues were
identified. T here is a fire hydrant along the south side of the property, which the applicant
has located a parking space. T hat space will need to be removed. T his one-space reduction
should not have any impact on their request.
T here is a proof-of-parking agreement for this property that was approved in 2012, which
identified 37 parking spaces along the west side of the building. T his area is slated to be
the future location of the C ub Pharmacy drive-through window. T he plans submitted as part
of this request now show 28 proof-of-parking spaces at this location and 20 spaces within
the delivery turnaround in the rear of the building. Approval of a variance will require
revisions to the agreement.
T he addition of the fitness center provides a redevelopment opportunity to upgrade the
parking lot landscaping. A pproval of the variance should be contingent on submitting a
landscape plan to be reviewed and approved by staff. T his plans should include a minimum
of one 2.5-inch diameter tree and a variety of ground plantings in each parking lot island, as
well as a mix of ornamental trees and shrubs along the west side of the easterly entrance into
the property.
A variance is a legally permitted deviation from the literal requirements of the C ity code. A
variance may be granted in instances where strict enforcement would cause undue hardship,
the circumstances are unique to the individual property under consideration, and the granting
of the variance will be in keeping with the spirit and intent of the applicable ordinances, goals
and policies of the comprehensive plans, and will not alter the essential character of the
surrounding area.
Although strict enforcement would not cause an undue hardship and the circumstances are
not unique to the property. It does not appear that the proposed variance would not alter the
essential character of the area as the reduction of the retail grocery operation and addition of
the fitness facility would not be significantly different from the existing operation. T his
project will provide a redevelopment opportunity, retain or increase downtown employment
opportunities and tax base, which is essential to a successful downtown a key vision
identified in our C omprehensive Plan. T he Planning C ommission considered this variance
request at their September 20, 2017, meeting and voted unanimously (7-0) to recommend
approval.
B AC K G RO UND :
In 2012, the C ity reviewed and approved a development proposal by Supervalu Holdings,
Inc., to subdivide an 11.6-acre lot into three lots. T he subdivision created a 9.5-acre lot for
the existing store an two one-acre lots that became the sites of a C hick-fil-A restaurant and
multi-tenant retail building. At the time of the approval, the applicant indicated that they
were considering a remodeling of the grocery store that would include the removal of the east
20,000 sq. ft. if the building.
Since that time, they have decided to go ahead with the store remodel as indicated in 2012,
but not remove the east 20,000 sq. ft. and market it for lease.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
Background Material
L ocation Map
C omp Plan Map
Z oning Map
Site P lan
Site P lan
Elevations
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-___
A RESOLUTION APPROVING A PARKING VARIANCE
FOR CUB FOODS/PLANET FITNESS
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the
City; and
WHEREAS, pursuant to the City’s said regulations, a “Variance” is an exception granted by
the City Council from the literal provisions of the zoning regulations where unique conditions exist
which do not apply to the area in general; and
WHEREAS, approval of a Variance has been requested by Supervalu Holdings, Inc., for
their commercial/retail property located at 15350 Cedar Avenue for a reduction in the minimum
required parking for a retail and recreation and sports training facility; and
WHEREAS, the Apple Valley Planning Commission reviewed the variance request at a
public meeting held on September 20, 2017, and made the following determination:
1. The Variance will not alter the general character of the locality.
2. The granting of the Variance will be consistent with the comprehensive plan’s goals
and policies by providing a redevelopment opportunity and retaining or increasing
downtown employment opportunities and tax base.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that a Variance for a reduction in the minimum parking requirements
for a retail and recreation and sports training facility is hereby approved, subject to all applicable
City Codes and standards, and the following conditions:
1. The Variance shall be applicable to property identified as Lot 1, Block 1, Cub Foods
2nd Addition.
2. The Variance shall in be in conformance with the site plan dated September 7, 2017;
subject to the removal of parking space in front of a fire hydrant along the south
property line.
3. The proof-of-parking agreement, dated December 13, 2012, shall be amended in
accordance with the site plan dated September 7, 2017 prior to issuance of
certificate of occupancy for the fitness facility.
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4. A landscape plan that shows a minimum of one 2½-inch diameter tree and a variety
of ground plantings in each parking lot island and a mix of ornamental trees and
shrubs along the west side of the easterly entrance drive into the property shall be
submitted for review and approval by City staff.
5. Approval of a signage plan is not included with this Variance. A separate
application and signage plan in conformance with the sign regulations must be
submitted for review and approval to the City prior to the erection of any signs.
6. Issuance of a Building Permit and a final certificate of occupancy is contingent upon
the project being constructed in conformance with all the preceding conditions as
well as all applicable performance standards of the current zoning regulations. In
the event that a certificate of occupancy is requested prior to completion of all
required site improvements, a suitable financial guarantee in the amount of 125% of
the estimated cost of the unfinished improvements shall be required along with an
agreement authorizing the City or its agents to enter the premises and complete the
required improvements if they are not completed by a reasonably stipulated
deadline, with the cost of such City completion to be charged against the financial
guarantee.
7. The ongoing use and occupancy of the premises is predicated on the ongoing
maintenance of the structure and all required site improvements as listed in the
preceding. No alteration, removal, or change to the preceding building plans or
required site improvements shall occur without the express authorization of the City.
Site improvements which have deteriorated due to age or wear shall be repaired or
replaced in a timely fashion.
BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of
the construction plans with the Minnesota State Building Code, as determined by the Apple Valley
Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple
Valley Fire Marshal.
ADOPTED this 28th day of September, 2017.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
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___________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving 5 F t. F ront Yard Setback Variance at 15726 Hemlock C ourt
S taff Contact:
A lex Sharpe, P lanner and E conomic Dev. S pec.
D epartment / Division:
C ommunity D evelopment Department
Applicant:
I ron R iver Construction
P roject Number:
P C17-27-V
Applicant Date: 8/21/2017 60 Days: 10/20/2017 120 Days: 12/19/2017
AC T I O N RE Q UE S T E D:
Adopt resolution approving a 5' front setback variance at 15726 Hemlock C t. for the
construction of a covered front porch subject to the following conditions:
1. T he variance shall be applicable to the property legally identified as Lot 30, Block 3,
Longridge 2nd Addition.
2. If the Building Permit fee is not paid and not issued or within one (1) year of the date of
approval, the variance approval shall lapse.
3. T he property owner shall identify and mark the front property line prior to the issuance
of a building permit.
S UM M ARY:
Iron River C onstruction, on behalf of Kyle Kudrle the property owner of 15726 Hemlock C t.
has requested consideration of a 5' front setback variance to construct a front porch. C ity
code requires a 30' front setback in the "R-3" (Single Family Residential) zone.
T he Planning C ommission unanimously recommended approval of the variance at the
September 6, 2017 meeting.
Staff is recommending approval of the variance due to the following practical difficulties.
1. T he lot is irregularly shaped, with the curvature of the cul-de-sac being the limiting
factor for the setback.
2. If the front porch were constructed without a roof it would be architecturally
incompatible with the home and the neighborhood.
B AC K G RO UND :
T he Staff reviews variance applications based strictly upon the requirements of the state
statutes and the City Code which require that the applicant establish that there are practical
difficulties present in order for a variance to be granted, and that logical alternatives are not
available.
Definition of “Practical difficulties”:
T he applicant proposes to use the property in a reasonable manner not permitted by the
zoning provisions of the code;
T he plight of the applicant is due to circumstances unique to the property not created
by the applicant; and
T he variance, if granted, will not alter the essential character of the locality.
Economic considerations alone do not constitute practical dif f iculties.
In order to grant a variance, the C ity considers the following factors to determine whether the
applicant established that there are practical difficulties in complying with the provision(s) of
this C hapter:
1. Special conditions apply to the structure or land in question that are particular to the
property and do not apply generally to other land or structures in the district or vicinity in
which the land is located;
The property is unique in that a large portion of the front lot line is straight, and then
the curvature of the cul-de-sac causes a reduced setback to the home.
2. T he granting of the proposed variance will not be contrary to the intent of this chapter;
The granting of this variance will not be contrary to the intent of this chapter. The
property owner intends to use the property in a reasonable manner which is not permitted
by the zoning code.
3. T he special conditions or circumstances do not result from the actions of the
owner/applicant; and
The conditions of this lot were not created by the property owner and existed prior to
their ownership. N o part of the request involves economic considerations and the variance,
if granted will not alter the essential character of the surrounding neighborhood.
4. T he granting of the variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate practical difficulties in complying with the zoning provisions of this
Code; and
The property is an irregular shape that if developed dif f erently would result in a house
setback that is inconsistent with the rest of the neighborhood. A f ront porch is consistent
with the neighborhood.
5. T he variance requested is the minimum variance necessary to alleviate the practical
difficulty.
The variance requested is the minimum necessary to allow construction of a f ull porch.
Any less would result in a porch that is not covered f or a section.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R eport
Aerial Photo
Z oning Map
Survey
Plan S et
Applicant L etter
R esolution
15726 Hemlock Court Front Setback Variance
PROJECT REVIEW
Existing Conditions
Property Location: 15726 Hemlock Court
Legal Description: Lot 30 Block 3 Longridge 2nd addition
Comprehensive Plan
Designation
“LD” Low Density Residential
Zoning Classification “R3” Single Family 11,000 sq. ft.
Existing Platting Platted
Current Land Use Single Family Dwelling
Size: 11,870 sq. ft. total
Topography: Flat
Existing Vegetation Trees, Shrubs, typical residential landscaping
Other Significant
Natural Features
None identified
Adjacent
Properties/Land Uses
NORTH Single Family
Comprehensive Plan “LD” Low Density Residential
Zoning/Land Use “R3” Single Family 11,000 sq. ft.
SOUTH Single Family
Comprehensive Plan “LD” Low Density Residential
Zoning/Land Use “R3” Single Family 11,000 sq. ft.
EAST Single Family
Comprehensive Plan “LD” Low Density Residential
Zoning/Land Use “R3” Single Family 11,000 sq. ft.
WEST Single Family
Comprehensive Plan “LD” Low Density Residential
Zoning/Land Use “R3” Single Family 11,000 sq. ft.
157TH ST W
HAYES TRLHEMLOCK CT15726 Hemlock Court
µ
LOCATION MAP
^
HAYES TRL157TH ST W
µ
15726 H emlock Court
ZONING MAP
^
CITY OF APPLE VALLEY
RESOLUTION NO. 2017 -
A RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE
AT 15726 HEMLOCK COURT
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the
City; and
WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted by
the City Council from the literal provisions of the zoning regulations where practical difficulties
exist which do not apply to the area in general; and
WHEREAS, an application for a variance, (“PROJECT”), was submitted by Iron River
Construction on behalf of the homeowner, Kyle Kudrle (“ APPLICANT”), for property located at
15726 Hemlock Court and legally described as Lot 30, Block 2, Longridge 2nd Addition
(“PREMISES”); and
WHEREAS, City Code §155.333(C) (2) (b) limits the encroachment of patiosm, decks,
and uncovered porches into the front yard setback eight feet or less.; the PROJECT requests a
variance to allow a 5 foot encroachment into the front yard setback which will maintain a 25 foot
setback for the construction of a covered front porch; and
WHEREAS, the Apple Valley Planning Commission reviewed the PROJECT at its public
meeting on September 6, 2017, at which City Staff, and representatives of the APPLICANT were
present to give testimony and answer questions concerning the project, as documented in the
official minutes of said proceedings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the City Council finds that the applicant established that the
following practical difficulties exist on the property in accordance with the City’s zoning
regulations:
1. The property is unique in that a large portion of the front lot line is straight, and then the
curvature of the cul-de-sac causes a reduced setback to the home.
2. If the front porch were constructed without a roof it would be architecturally incompatible
with the home and the neighborhood.
BE IF FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota
County, Minnesota, that a 5 foot variance from minimum front yard setback of 30 feet to construct
a front porch is hereby approved, subject to all applicable City Codes and standards, and the
following conditions:
2
1. If the Building Permit fee is not paid and not issued or proposed third garage stall is
not fully constructed within one (1) year of the date of approval, the variance
approval shall lapse.
2. The variance shall be applicable to the property legally identified as Lot 30, Block
3, Longridge 2nd Addition.
3. The property owner shall identify and mark the front property line prior to the
issuance of a building permit.
4. Any site grading shall occur in conformance with a Natural Resources Management
Plan (NRMP) which shall include final grading plan to be submitted for review and
approval by the City Engineer.
5. Issuance of a Building Permit and approval of the final inspection is contingent
upon the project being constructed in conformance with all the preceding conditions
as well as all applicable performance standards of the current zoning regulations.
6. The ongoing use and occupancy of the premises is predicated on the ongoing
maintenance of the structure and all required site improvements as listed in the
preceding. No alteration, removal, or change to the preceding building plans or
required site improvements shall occur without the express authorization of the
City. Site improvements which have deteriorated due to age or wear shall be
repaired or replaced in a timely fashion.
BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of
the construction plans with the Minnesota State Building Code, as determined by the Apple Valley
Building Official, and with the Minnesota State Fire Code, as determined by the Apple Valley Fire
Marshal.
ADOPTED this 26th day of October, 2017.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
3
CERTIFICATE
I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy
of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota,
on the 26th day of October, 2017.
________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving Site P lan/B uilding Permit Authorization f or 6,700 S q. F t. Building
A dditions and Revised P arking A rea at D iamond Path Elementary, 14455 D iamond Path
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 C17-31-B
Applicant Date: 8/23/2017 60 Days: 10/21/2017 120 Days: 12/20/2017
AC T I O N RE Q UE S T E D:
Adopt resolution approving Site Plan/Building Permit Authorization for 6,700 sq. ft. building
additions and revised parking area at Diamond Path Elementary, 14455 Diamond Path, in
accordance with the Planning Commission recommendation.
S UM M ARY:
ISD 196 requests consideration of Site Plan Review/Building Permit A uthorization to
construct a 6,700 sq. ft. building addition on the south side of the building for four additional
classrooms at Diamond Path Elementary, 14455 Diamond Path. T he new classrooms are
constructed to replace four classrooms that will be converted to front office space to create a
new secure front entrance. T he existing parking lot on the east side of the building would be
modified to separate bus traffic from parent pick-up and drop-off traffic with parents using
the north lot and buses using the modified south lot. T he site access would be modified to
create four lanes: a passenger vehicle entrance lane, a bus entrance lane, a left turn west
bound exit lane and a right turn east bound exit lane. A 12' wide right turn lane or "refuge
lane" is added to the shoulder of the south side of 144th Street to allow for off-street queuing
of parent vehicles. T his is a public improvement that will be constructed privately under a
Private Installation Agreement.
An existing landscape area in the parking lot would be removed to reconfigure the bus loop
area. Because impervious surface area is being added to the site, the District is constructing
storm water retention areas.
T he C ity does not have a parking requirement for elementary schools. Staff has used a
recommended parking formula that would require one space for every four students and one
space for every three employees, which results in a total of 218 spaces required; 111 spaces
are available on site; 29 parking spaces could be added on the west side of the site to bring
the total number of parking spaces up to 140 if needed in the future. T he School District's
architect provided a letter (attached) that analyzes parking demand at the site. T he School
District states that the C ity's parking calculation is very high compared to neighboring
communities. Staff is comfortable with the number of parking spaces provided based on the
analysis.
B AC K G RO UND :
At its meeting of Septem ber 20, 2017, the Apple Valley Planning C ommission voted
unanimously to recommend appr oval of the project with conditions as outlined in the staff
report.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
Background Material
Map
Plan S et
Memo
Memo
Applicant L etter
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-__
A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT
FOR DIAMOND PATH ELEMENTARY SCHOOL
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout
the City; and
WHEREAS, said regulations provide that issuance of a building permit for commercial,
industrial, institutional and multiple family residential uses require the specific review and
approval of development plans by the Apple Valley Planning Commission and City Council; and
WHEREAS, approval of such a building permit issuance has been requested for the above
referenced project; and
WHEREAS, the Apple Valley Planning Commission reviewed the development plans and
made a recommendation as to their approval at a public meeting held on September 20, 2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the issuance of a building permit for Cedar Park
Elementary School Additions and Site Improvements is hereby authorized, subject to the following
conditions:
1. If the Building Permit is not paid for and issued within one (1) year of the date
of approval, the approval shall lapse.
2. The Building Permit shall be applicable to property addressed as 14455
Diamond Path (Lot 1, Block 2 Rosemount School District Addition).
3. The property shall be platted prior to issuance of the certificate of occupancy for the
first completed building addition.
4. Construction shall occur in conformance with the site plan dated September
18, 2017, including parking lot paving and a non-surmountable concrete curb
and gutter around the entire perimeter with a minimum driveway approach
radius of 15' at each public street, and a valley gutter at the edge of the street
pavement, subject to the following conditions:
5. Construction shall occur in conformance with the landscape plan to be
reviewed and approved by the Natural Resources Coordinator at the time of
application of the building permit, including sodded/seeded public boulevard
area up to each street curbline; subject to submission of a nursery bid list at
2
the time of application of the building permit that confirms the value of the
landscape plantings meets or exceeds 2-1/2% of the value of the construction
of the building.
6. Construction shall occur in conformance with the elevation plan received in
City Offices on August 23, 2017.
7. The City Engineer shall review and approve the final grading, drainage, utility
and stormwater management plans prior to issuance of the building permit. Plans
shall be revised to address the comments in the Engineer’s September 14, 2017,
memo.
8. A 12' paved turn lane shall be constructed on the south side of 144th Street as
shown on C1.21 (Site Plan).
9. The property owner shall dedicate right-of-way or provide an easement to relocate
sidewalk south of the new turn lane on the south side of 144th Street.
10. The property owner shall provide the following agreements:
a. Design Agreement (for design of public infrastructure).
b. Private Installation Agreement (for installation of public infrastructure by
ISD 169 contractor.
c. Infiltration Maintenance Agreement (to ensure the long-term maintenance
of the infiltration basins.
11. Site grading shall occur in conformance with a Natural Resources Management
Plan (NRMP) which shall include final grading plan to be submitted for review and
approval by the City Engineer; subject to the following:
a. The property owner shall submit a copy of the General Storm Water Permit
approval from the Minnesota Pollution Control Agency pursuant to
Minnesota Rules 7100.1000 - 7100.1100 regarding the State NPDES Permit
prior to commencement of grading activity.
b. A staging and temporary parking plan shall be submitted prior to issuance
of the natural resources management permit or building permit subject to
review and approval by the City Engineer.
12. Any site lighting shall consist of downcast, shoebox lighting fixtures or wall-
packs with deflector shields which confines the light to the property. The
lighting plan shall be reviewed and approved by the Planner prior to issuance
of the building permit.
13. Approval of a signage plan is not included with this site plan and building
permit authorization. A separate application and signage plan in conformance
3
with the sign regulations must be submitted for review and approval to the
City prior to the installation of any signs.
14. Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday
through Friday. Weekend construction hours shall be limited to Saturdays
from 8:00 a.m. to 5:00 p.m.
15. Earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m.
Monday through Friday. Weekend earthmoving activities shall be limited to
Saturdays from 8:00 a.m. to 5:00 p.m.
16. Earthmoving activities shall not occur when wind velocity exceeds thirty (30)
miles per hour. Watering to control dust shall occur as needed and whenever
directed by the Apple Valley Building Official or Zoning Administrator.
17. Issuance of a Building Permit and a final certificate of occupancy is contingent
upon the project being constructed in conformance with all the preceding
conditions as well as all applicable performance standards of the current
zoning regulations. In the event that a certificate of occupancy is requested
prior to completion of all required site improvements, a suitable financial
guarantee in the amount of 125% of the estimated cost of the unfinished
improvements shall be required along with an agreement authorizing the City
or its agents to enter the premises and complete the required improvements if
they are not completed by a reasonably stipulated deadline, with the cost of
such City completion to be charged against the financial guarantee.
18. The ongoing use and occupancy of the premises is predicated on the ongoing
maintenance of the structure and all required site improvements as listed in the
preceding. No alteration, removal, or change to the preceding building plans
or required site improvements shall occur without the express authorization of
the City. Site improvements which have deteriorated due to age or wear shall
be repaired or replaced in a timely fashion.
BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance
is subject to a finding of compliance of the construction plans with the Minnesota State Building
Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform
Fire Code, as determined by the Apple Valley Fire Marshal.
ADOPTED this 28th day of September, 2017.
4
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a
true and correct copy of a resolution adopted by the City Council on September 28, 2017, the
original of which is in my possession, dated this _____day of ______________________, 20__ .
____________________________________
Pamela J. Gackstetter, City Clerk
Diamond Path Elementary Improvements
PROJECT REVIEW
Existing
Conditions
Property Location: 14455 Diamond Path West
Legal Description: Lot 1, Block 2 Rosemount School District Addition
Comprehensive Plan
Designation
INST-Institutional
Zoning
Classification
P-Institutional
Existing Platting Platted lot.
Current Land Use Elementary school
Size: 585,506 sq. ft. (13.44 acres)
Topography: Flat
Existing Vegetation Urban landscape
Other Significant
Natural Features
N/A
Adjacent
Properties/Land
Uses
NORTH Dakota Ridge and Dakota Valley Learning Center
Comprehensive Plan INS-Institutional
Zoning/Land Use P-Institutional
SOUTH Diamond Path (Single family)
Comprehensive Plan LD-Low Density Residential, 2-6 units/acre
Zoning/Land Use PD-163
EAST First Baptist Church (Rosemount)
Comprehensive Plan NA
Zoning/Land Use NA
WEST Rolling Ridge (Single family)
Comprehensive Plan LD-Low Density Residential (0-6 units/acre)
Zoning/Land Use R-3 – Single family residential, 11,000 sf min. lot
Planning Commission Motion: At its meeting of September 20, 2017, the Planning Commission
will consider the following motion with conditions:
Recommend approval of the Site Plan/Building Permit Authorization for construction of a
6,700 sq. ft. building addition and revised bus and vehicle parking areas, subject to compliance
with all City codes and the following conditions:
1. The civil plans including grading, drainage, utilities and storm water management are
subject to final review and approval of the City Engineer prior to issuance of the building
permit.
2. A 12' paved turn lane shall be constructed on the south side of 144th Street as shown on
C1.21 (Site Plan).
3. The petitioner shall dedicate right-of-way or provide an easement to relocate sidewalk
south of the new turn lane on the south side of 144th Street.
4. A nursery bid list shall be submitted at the time of application of the building permit that
verifies that the value of the landscape plantings meets or exceeds 2-1/2% of the value of
the construction of the addition.
5. The landscape plan, including infiltration basin plantings, are subject to final review and
approval by the Natural Resources Coordinator.
6. The petitioner shall provide the following agreements:
a. Design Agreement (for design of public infrastructure).
b. Private Installation Agreement (for installation of public infrastructure by ISD 169
contractor.
c. Infiltration Maintenance Agreement (to ensure the long-term maintenance of the
infiltration basins.
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R55.00'R55.00'R35.00'R10.00'R4.00'R4.00'R60.00'R105.00'R35.00'R15.00'10' WALK8' WALKPROPOSEDBUILDING ADDITIONREFER TO ARCHITECTURAL PLANSFOR DIMENSIONS AND LAYOUT10' WALK8' WALK5' WALK12.00'12.00'12.00'12.00'12.00'135°0'0"40.00'PROPOSED BUSPARKING(21 STALLS & 13 BUS STALLS)MODIFIED PARKING(82 STALLS)NO MOWALL FESCUE MIX SEEDED AT 200 LBS PER ACREHARD FESCUE - FESTUCA BREVIPILASHEEP FESCUE - FESTUCA OVINACHEWINGS FESCUE - FESTUCA RUBRA SUBS. FALLAXRED FESCUE - FESTUCA RUBRACOVER MIX WITH NET FREE EROSION CONTROL FABRICNO MOWALL FESCUE MIX SEEDED AT 200 LBS PER ACREHARD FESCUE - FESTUCA BREVIPILASHEEP FESCUE - FESTUCA OVINACHEWINGS FESCUE - FESTUCA RUBRA SUBS. FALLAXRED FESCUE - FESTUCA RUBRACOVER MIX WITH NET FREE EROSION CONTROL FABRICNO MOWALL FESCUE MIX SEEDED AT 200 LBS PER ACREHARD FESCUE - FESTUCA BREVIPILASHEEP FESCUE - FESTUCA OVINACHEWINGS FESCUE - FESTUCA RUBRA SUBS. FALLAXRED FESCUE - FESTUCA RUBRACOVER MIX WITH NET FREE EROSION CONTROL FABRICAF4OV5GB1CO2QB4GT4QB2GT2AR1PS2TA240.00'20.00'20.00'40.00'1
23456789101
11312LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERING7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:North7500 Olson Memorial Highway, Suite 300Golden Valley, MN 55427wenck.com | 952 837 3308Site PlanDAVID A. REY09/18/20174018015226409/18/2017JCLDAR1" = 30'C1.21MinnesotaProfessional EngineerIndependent SchoolDistrict 1963455 153rd St. WestRosemount, MN 5506814455 Diamond PathApple Valley, MN 55124Diamond PathElementaryBuilding AdditionNOTES:1. REFER TO SHEET C1.31, GRADING AND DRAINAGE PLAN, FOR GENERAL NOTES.2. CHECK ALL PLAN AND DETAIL DIMENSIONS AND VERIFY SAME BEFORE FIELD LAYOUT.3. ALL DISTURBED AREAS OUTSIDE THE BUILDING PAD WHICH ARE NOT DESIGNATED TO BEPAVED SHALL RECEIVE AT LEAST 6" OF TOPSOIL AND SHALL BE SODDED.4. WHERE NEW SOD MEETS EXISTING TURF, EXISTING TURF EDGE SHALL BE CUT TO ALLOW FORA CONSISTENT, UNIFORM STRAIGHT EDGE. JAGGED OR UNEVEN EDGES WILL NOT BEACCEPTABLE. REMOVE TOPSOIL AT JOINT BETWEEN EXISTING AND NEW AS REQUIRED TOALLOW NEW SOD SURFACE TO BE FLUSH WITH EXISTING.5. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SOD ALL APPLICABLE AREAS, AT NOADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.LEGENDPROPOSED CONCRETE WALKPROPOSED HEAVY DUTY BITUMINOUS PAVEMENTPROPOSED STREET BITUMINOUS PAVEMENTPROPOSED TRAFFIC CONTROL SIGNPAINTED ACCESSIBLE SYMBOLPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED GATE VALVE (GV)PROPOSED DECIDUOUS TREEPROPOSED CONIFEROUS TREEPROPOSED SHRUBSPROPOSED HERBACEOUS PLANTSAPPROXIMATE SOD LIMITSPROPOSED SEED MIX #1PROPOSED SHRUB / MULCH BEDPROPOSED BUILDING STOOP - REFER TO ARCHITECTURAL PLANSPROPERTY LINE
PROPOSEDBUILDING ADDITIONREFER TO ARCHITECTURAL PLANSFOR DIMENSIONS AND LAYOUTPROPOSED BUSPARKING(21 STALLS & 13 BUS STALLS)MODIFIED PARKING(82 STALLS)63.563.563.564.364.362.665.5 ME65.564.1 ME64.6 ME62.662.662.663.763.563.763.963.2 ME62.8 ME63.3 ME63.965.665.765.765.565.665.465.464.6 ME65.765.765.465.2 ME65.0 ME64.164.063.563.561.9 ME61.2 ME60.6 ME59.6 ME58.5 ME58.5 ME58.6 ME58.659.760.861.461.962.562.059.065.260.161.362.960.857.957.957.957.961.360.960.660.260.4 ME58.557.957.957.957.963.560.756.8 ME61.361.962.457.357.958.261.6 ME57.657.556.158.859.259.660.461.158.256.857.256.857.0 ME61.3 ME60.7 ME60.8 ME59.9 ME60.962.658.9 ME61.4 ME61.0 ME62.4 ME62.4 ME62.5 ME62.5 ME62.5 ME57.7 ME62.5 ME63.4 ME64.7 ME55.155.159.6 ME55.155.155.3 ME55.157.2 ME55.8 ME57.1 ME57.3 ME58.8 ME60.1 ME55.155.155.160.5 ME55.155.155.155.156.656.656.656.656.658.157.4 ME57.8 ME56.3 ME55.2 ME57.6 ME57.8 ME58.6 ME56.5 ME60.9 ME61.2 ME64.263.963.263.563.964.464.865.165.965.966.1 ME65.4 ME62.7 ME63.4 ME64.1 ME63.9 ME64.7 ME64.7 MECB 2RIM = 956.1INV. = 953.4848" IDR-2501CB 1RIM = 958.5INV. = 953.7448" IDR-250176' - 12" RCP @ 0.45%18' - 12" RCP @ 0.44%MH 101 (EXISTING - FIELD VERIFY)RIM = 956.9INV. = 952.90 WINV. = 953.40 E/S48" IDR-1642LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERING7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:North7500 Olson Memorial Highway, Suite 300Golden Valley, MN 55427wenck.com | 952 837 3308Grading andDrainage PlanDAVID A. REY09/18/20174018015226409/18/2017JCLDAR1" = 30'C1.31MinnesotaProfessional EngineerIndependent SchoolDistrict 1963455 153rd St. WestRosemount, MN 5506814455 Diamond PathApple Valley, MN 55124Diamond PathElementaryBuilding AdditionLEGENDEXISTING CONTOURPROPOSED CONTOURPROPOSED SPOT ELEVATIONME = MATCH EXISTINGEOF = EMERGENCY OVERFLOWPROPOSED GRADING LIMITSPROPOSED STORM SEWERPROPOSED WATERMAINPROPOSED DRAINTILE / FINGER DRAINPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED GATE VALVE (GV)SEDIMENT CONTROL DEVICE AT STORM SEWER INLETPROPOSED SILT FENCEPROPOSED SEDIMENT CONTROL LOGPROPOSED ROCK CONSTRUCTION ENTRANCEPROPOSED BUILDING STOOP - REFER TO ARCHITECTURAL PLANSPROPERTY LINE95554.6A1. REFER TO SHEET C1.31, GRADING AND DRAINAGE PLAN, FOR GENERAL NOTES.2. ALL WATERMAIN PIPE SHALL BE DIP, CLASS 52. ALL WATERMAIN SHALL HAVE MINIMUM 8'-0"BURY (TOP OF PIPE TO FINISH GRADE). DIP SHALL BE ENCASED WITH POLYETHYLENE FILMCONFORMING TO ASTM D 1248-889.3. ALL STORM SEWER PIPE SHALL BE RCP, CLASS III (MIN.), WITH FLEXIBLE WATERTIGHT JOINTSIN ACCORDANCE WITH ASTM C-361 OR PVC PIPE (ASTM D3034, SDR 35) INSTALLED INACCORDANCE WITH ASTM D2321, UNLESS OTHERWISE NOTED.4. FLEXIBLE JOINTS AT STORM SEWER PIPE CONNECTIONS TO STRUCTURES:a. IN ACCORDANCE WITH MINNESOTA PLUMBING CODE, PROVIDE FLEXIBLE JOINTS AT ALLPIPE CONNECTIONS TO ALL STORM SEWER STRUCTURES.b. ACCEPTABLE MANUFACTURERS / PRODUCTS:i.FERNCO, “CONCRETE MANHOLE ADAPTORS” OR “LARGE-DIAMETER WATERSTOPS”ii. PRESS-SEAL, WATERSTOP GROUTING RINGS”iii. OR APPROVED EQUAL.5. WATERMAIN SHALL BE INSTALLED AT LEAST 10 FEET HORIZONTALLY FROM ANY MANHOLE,CATCH BASIN, STORM SEWER, SANITARY SEWER, DRAINTILE OR OTHER POTENTIAL SOURCEFOR CONTAMINATION PER MINNESOTA PLUMBING CODE. THIS ISOLATION DISTANCE SHALL BEMEASURED FROM THE OUTER EDGE OF THE PIPE TO THE OUTER EDGE OF THECONTAMINATION SOURCE (OUTER EDGE OF STRUCTURES OR PIPING OR SIMILAR).6. ANY MANHOLE, CATCH BASIN, STORM SEWER, SANITARY SEWER, DRAINTILE OR OTHERPOTENTIAL SOURCE FOR CONTAMINATION SHALL BE INSTALLED AT LEAST 10 FEETHORIZONTALLY FROM ANY WATERMAIN PER MINNESOTA PLUMBING CODE. THIS ISOLATIONDISTANCE SHALL BE MEASURED FROM THE OUTER EDGE OF THE PIPE TO THE OUTER EDGE OFTHE CONTAMINATION SOURCE (OUTER EDGE OF STRUCTURES OR PIPING OR SIMILAR).7. LOCATE ALL EXISTING UTILITIES, VERIFY LOCATION, SIZE AND INVERT ELEVATION OF ALLEXISTING UTILITIES. VERIFY LOCATIONS, SIZES AND ELEVATIONS OF SAME BEFOREBEGINNING CONSTRUCTION.8. CONTRACTOR SHALL STAKE LIMITS OF WALKS AND CURBING PRIOR TO INSTALLATION OFGATE VALVES, CATCH BASINS AND MANHOLES. GATE VALVE AND MANHOLE LOCATIONSSHALL BE ADJUSTED TO AVOID PLACEMENT OF THESE STRUCTURES IN WALKS AND CURBAND GUTTER. CURB AND GUTTER SHALL BE STAKED TO ALLOW CURB INLET TYPE CATCHBASINS TO BE PROPERLY LOCATED IN LINE WITH CURBING.9. REFER TO SWPPP NARRATIVE (SECTION 01 89 13) FOR CONSTRUCTION SEQUENCING ANDEROSION CONTROL REQUIREMENTS.10. MAINTAIN ADJACENT PROPERTY AND PUBLIC STREETS CLEAN FROM CONSTRUCTION CAUSEDDIRT AND DEBRIS ON A DAILY BASIS. PROTECT DRAINAGE SYSTEMS FROM SEDIMENTATIONAS A RESULT OF CONSTRUCTION RELATED DIRT AND DEBRIS.11. MAINTAIN DUST CONTROL DURING GRADING OPERATIONS.12. ALL EROSION CONTROL METHODS SHALL COMPLY WITH MPCA AND OTHER LOCALREGULATIONS.13. IF EROSION AND SEDIMENT CONTROL MEASURES TAKEN ARE NOT ADEQUATE AND RESULT INDOWNSTREAM SEDIMENT, THE CONTRACTOR SHALL BE RESPONSIBLE FOR CLEANING OUTDOWNSTREAM STORM SEWERS AS NECESSARY, INCLUDING ASSOCIATED RESTORATION.14. SEDIMENT CONTROL DEVICE AT STORM SEWER INLETS. AT THE INLETS TO ALL STORM SEWERSTRUCTURES, PROVIDE A PRODUCT FROM THE FOLLOWING LIST. ACCEPTABLE PRODUCTS:A. WIMCO TOP SLAB™ MODEL RD 27.B. INFRASAFE® SEDIMENT CONTROL BARRIER, DISTRIBUTED BY ROYAL ENVIRONMENTALSYSTEMS, INC. SCB'S SHALL BE SIZED SPECIFICALLY FOR THE STRUCTURE ANDCASTING SPECIFIED. SCB'S SHALL BE EQUIPPED WITH FRAME AND PERFORATEDSHROUD AND SHALL BE WRAPPED ON THE OUTSIDE, COVERING THE PERFORATED WALLONLY, WITH A GEOTEXTILE SOCK.C. DANDY BAG® OR DANDY BAG II® DISTRIBUTED BY BROCK WHITE COMPANY, ST. PAUL,MN (615) 647-0950. DANDY BAG SHALL BE USED ONLY FOR CURB INLETS AFTERPAVEMENT (BINDER COURSE OR WEAR COURSE) IS INSTALLED OR AT EXISTING PAVEDAREAS.D. INFRASAFE® DEBRIS COLLECTION DEVICE BY ROYAL ENVIRONMENTAL SYSTEMS, INC.,DISTRIBUTED BY ESS BROTHERS, 9350 COUNTY ROAD 19, CORCORAN, MN 55357 DCD'SSHALL BE SIZED SPECIFICALLY FOR THE STRUCTURE AND CASTING SPECIFIED. PROVIDEFILTER BAGS AND TIES FOR COMPLETE INSTALLATION.E. OR APPROVED EQUAL.NOTES
PROPOSEDBUILDING ADDITIONREFER TO ARCHITECTURAL PLANSFOR DIMENSIONS AND LAYOUTPROPOSED BUSPARKING(21 STALLS & 13 BUS STALLS)MODIFIED PARKING(82 STALLS)63.563.563.564.364.362.665.5 ME65.564.1 ME64.6 ME62.662.662.663.763.563.763.963.2 ME62.8 ME63.3 ME63.965.665.765.765.565.665.465.464.6 ME65.765.765.465.2 ME65.0 ME64.164.063.563.561.9 ME61.2 ME60.6 ME59.6 ME58.5 ME58.5 ME58.6 ME58.659.760.861.461.962.562.059.065.260.161.362.960.857.957.957.957.961.360.960.660.260.4 ME58.557.957.957.957.963.560.756.8 ME61.361.962.457.357.958.261.6 ME57.657.556.158.859.259.660.461.158.256.857.256.857.0 ME61.3 ME60.7 ME60.8 ME59.9 ME60.962.658.9 ME61.4 ME61.0 ME62.4 ME62.4 ME62.5 ME62.5 ME62.5 ME57.7 ME62.5 ME63.4 ME64.7 ME55.155.159.6 ME55.155.155.3 ME55.157.2 ME55.8 ME57.1 ME57.3 ME58.8 ME60.1 ME55.155.155.160.5 ME55.155.155.155.156.656.656.656.656.658.157.4 ME57.8 ME56.3 ME55.2 ME57.6 ME57.8 ME58.6 ME56.5 ME60.9 ME61.2 ME64.263.963.263.563.964.464.865.165.965.966.1 ME65.4 ME62.7 ME63.4 ME64.1 ME63.9 ME64.7 ME64.7 ME(CITY OF APPLE VALLEY DATUM)1.)Top of top nut of fire hydrant 55 FEET +/- SE of the SE corner of building.Elevation = 967.35 feet2.)Top of top nut of fire hydrant 50 FEET +/- NW of the SW corner of buildingElevation = 965.26 feet3.)Top of top nut of fire hydrant 50 FEET +/- NW of the NW corner of buildingElevation = 966.58 feet4.)Top of top nut of fire hydrant SW quadrant of Diamond Path Road and 145th Street W.Elevation = 964.57 feetBENCHMARKS (FIELD VERIFY BEFORE USING)LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERING7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:North7500 Olson Memorial Highway, Suite 300Golden Valley, MN 55427wenck.com | 952 837 3308Grading andDrainage PlanDAVID A. REY09/18/20174018015226409/18/2017JCLDAR1" = 30'C1.31MinnesotaProfessional EngineerIndependent SchoolDistrict 1963455 153rd St. WestRosemount, MN 5506814455 Diamond PathApple Valley, MN 55124Diamond PathElementaryBuilding AdditionLEGENDEXISTING CONTOUREXISTING SPOT ELEVATIONPROPOSED CONTOURPROPOSED SPOT ELEVATIONME = MATCH EXISTINGEOF = EMERGENCY OVERFLOWPROPOSED GRADING LIMITSPROPOSED SAND SUBBASE AT FROST FOOTED STOOPSAPPROXIMATE SOIL BORING LOCATIONPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED GATE VALVE (GV)PROPOSED BUILDING STOOP - REFER TO ARCHITECTURAL PLANSPROPERTY LINE9551. ALL CONSTRUCTION MUST COMPLY WITH APPLICABLE STATE AND LOCAL ORDINANCES.2. THE CONTRACTOR WILL BE RESPONSIBLE FOR AND SHALL PAY FOR ALL CONSTRUCTIONSTAKING / LAYOUT.3. THE CONTRACTOR SHALL OBTAIN AND PAY FOR ALL RELATED CONSTRUCTION PERMITS,INCLUDING THE NPDES PERMIT FROM THE MPCA. SUBMIT A COPY OF ALL PERMITS TO THECITY.4. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL TRAFFIC CONTROL SIGNAGE (CONSTRUCTIONZONES) NECESSARY TO CONSTRUCT PROPOSED IMPROVEMENTS. ALL SIGNAGE LAYOUTSMUST BE DESIGNED BY THE CONTRACTOR AND APPROVED BY LOCAL AUTHORITIES.5. INSTALL CONTROL FENCING AND BARRICADING AS NECESSARY TO PROTECT THE PUBLIC.6. INSPECT SITE AND REVIEW SOIL BORINGS TO DETERMINE EXTENT OF WORK AND NATURE OFMATERIALS TO BE HANDLED.7. REFER TO SPECIFICATIONS FOR DEWATERING REQUIREMENTS.8. CHECK ALL PLAN AND DETAIL DIMENSIONS AND VERIFY SAME BEFORE FIELD LAYOUT.9. REFER TO ARCHITECTURAL PLANS FOR BUILDING AND STOOP DIMENSIONS AND LAYOUT.10. REFER TO THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) NARRATIVE, PART OFSECTION 01 89 13, FOR EROSION CONTROL REQUIREMENTS. SECTION 31 00 00 SHALL BERESPONSIBLE FOR FULL IMPLEMENTATION OF THE SWPPP.11. MAINTAIN ADJACENT PROPERTY AND PUBLIC STREETS CLEAN FROM CONSTRUCTION CAUSEDDIRT AND DEBRIS ON A DAILY BASIS. PROTECT DRAINAGE SYSTEMS FROM SEDIMENTATIONAS A RESULT OF CONSTRUCTION RELATED DIRT AND DEBRIS.12. MAINTAIN DUST CONTROL DURING GRADING OPERATIONS.13. ALL EROSION CONTROL METHODS SHALL COMPLY WITH MPCA AND LOCAL REGULATIONS.14. CONTRACTOR SHALL MINIMIZE DISTURBANCE TO SITE AND PROTECT EXISTING SITE FEATURES(INCLUDING TURF AND VEGETATION) WHICH ARE TO REMAIN.15. PROPOSED CONTOURS AND SPOT ELEVATIONS ARE SHOWN TO FINISH GRADE UNLESSOTHERWISE NOTED.16. PROPOSED ELEVATIONS SHOWN TYPICALLY AS 50.1 OR 50 SHALL BE UNDERSTOOD TO MEAN950.1 OR 950.17. SPOT ELEVATIONS SHOWN IN PARKING LOTS, DRIVES AND ROADS INDICATE GUTTER GRADES,UNLESS NOTED OTHERWISE. SPOT ELEVATIONS WITH LABELS OUTSIDE THE BUILDINGPERIMETER INDICATE PROPOSED GRADES OUTSIDE THE BUILDING. SPOT ELEVATIONS WITHLABELS INSIDE THE BUILDING PERIMETER INDICATE PROPOSED FINISH FLOOR ELEVATIONS.18. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR DETERMINING QUANTITIES OF CUT,FILL AND WASTE MATERIALS TO BE HANDLED, AND FOR AMOUNT OF GRADING TO BE DONE INORDER TO COMPLETELY PERFORM ALL WORK INDICATED ON THE DRAWINGS. IMPORTSUITABLE MATERIAL AND EXPORT UNSUITABLE / EXCESS / WASTE MATERIAL AS REQUIRED. ALL COSTS ASSOCIATED WITH IMPORTING AND EXPORTING MATERIALS SHALL BE INCIDENTALTO THE CONTRACT.19. NO FINISHED SLOPES SHALL EXCEED 4' HORIZONTAL TO 1' VERTICAL (4:1), UNLESSOTHERWISE NOTED.20. ALL DISTURBED AREAS OUTSIDE THE BUILDING PAD WHICH ARE NOT DESIGNATED TO BEPAVED SHALL RECEIVE AT LEAST 6" OF TOPSOIL AND SHALL BE SODDED.21. WHERE NEW SOD MEETS EXISTING SOD, EXISTING SOD EDGE SHALL BE CUT TO ALLOW FOR ACONSISTENT, UNIFORM STRAIGHT EDGE. JAGGED OR UNEVEN EDGES WILL NOT BEACCEPTABLE. REMOVE TOPSOIL AT JOINT BETWEEN EXISTING AND NEW AS REQUIRED TOALLOW NEW SOD SURFACE TO BE FLUSH WITH EXISTING.22. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SOD ALL APPLICABLE AREAS, AT NOADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.23. ANY MANHOLE, CATCH BASIN, STORM SEWER, SANITARY SEWER, DRAINTILE OR OTHERPOTENTIAL SOURCE FOR CONTAMINATION SHALL BE INSTALLED AT LEAST 10 FEETHORIZONTALLY FROM ANY WATERMAIN PER MINNESOTA PLUMBING CODE. THIS ISOLATIONDISTANCE SHALL BE MEASURED FROM THE OUTER EDGE OF THE PIPE TO THE OUTER EDGE OFTHE CONTAMINATION SOURCE (OUTER EDGE OF STRUCTURES OR PIPING OR SIMILAR).24. LOCATE ALL EXISTING UTILITIES, VERIFY LOCATION, SIZE AND INVERT ELEVATION OF ALLEXISTING UTILITIES. VERIFY LOCATIONS, SIZES AND ELEVATIONS OF SAME BEFOREBEGINNING CONSTRUCTION.25. CONTRACTOR SHALL MAINTAIN DRAINAGE FROM EXISTING BUILDING AT ALL TIMES. PROVIDETEMPORARY STORM SEWER (INCLUDING, BUT NOT LIMITED TO, CATCH BASINS, MANHOLES,PIPING, ETC.) AS REQUIRED. EXISTING STORM SEWER SHALL NOT BE REMOVED UNTILTEMPORARY OR PERMANENT STORM SEWER IS INSTALLED AND FUNCTIONAL. COORDINATEALL REMOVALS WITH APPROPRIATE TRADES (SITE UTILITY CONTRACTOR, MECHANICALCONTRACTOR, ETC.) AS REQUIRED.GENERAL NOTES54.6
CITY OF
MEMO
Public Works
TO: Kathy Bodmer, Planner
FROM: Brandon S. Anderson, City Engineer
DATE: September 14, 2017
SUBJECT: Diamond Path Elementary School Addition Final Plat
Alex,
The following are comments regarding the Diamond Path Elementary School Addition site plans
dated August 23, 2017. Please include these items as conditions to approval.
General
1. All work and infrastructure within public easements or right of way shall be to City
standards.
2. All work and infrastructure within public easements or right of way shall be to City
standards. A public improvement project will be required for work in 144th Street.
3. Additional Right of Way or Trail and Sidewalk Easement will be required for the
additional turn lane and sidewalk relocation along 144th St W.
4. Provide a narrative of how the buildings will be constructed and any impacts prior to
building permit authorization. The narrative shall include the following:
a. Shoring (if applicable)
b. Material Storage.
c. Haul routes to and from the site.
d. Phasing
Permits
5. Provide a copy of the executed Minnesota Department of Health, Minnesota Pollution
Control Agency, Met Council, Department of Labor and any other required permits.
6. A right of way permit will be required for all work within public easements or right of
way.
7. A Natural Resource Management Permit (NRMP) will be required prior to any land
disturbing activity commences.
Site
8. Plans should be updated to reflect City Project scope of work in 144th Street.
9. Stop signs should be provided at driveways leaving the site and indicated on plans.
••••••••••••••••...
APJ:1le llVa ey
10. Additional directional striping is recommended in the parking lot and drive lanes to better
direct parent drop off/pick up routing and bus routes. Include striping and signage details
on site plan.
11. Provide additional dimensions on site plan indicating radiuses, drive lane widths, etc…
12. Provide additional drawing showing Auto turn turning movements to verify site circulation
and layout requirements for planned vehicle usage to be used onsite. Please indicate (or
show vehicle) stacking distances on the plan as circulation indicates potential for vehicles
to back up onto public roadways at exit and entrance access’ to the site. Show truck
movement with Auto turn entering site to ensure emergency and service vehicle can
maneuver directly to front entrance.
13. It appears that the buses in the proposed bus parking area will be required to back out.
Consider re-striping to allow for a single lane bypass in front of the buses along the curb
to allow vehicles to pass while buses are onsite and to allow more room for buses to pull
forward and not back up.
Grading, Drainage and Erosion Control
14. Final Grading Plans shall be reviewed and approved by City Engineer.
15. Provide clarity on which C1.31 plan sheet is being referenced in the plan set.
16. Additional details are required to indicate how drainage will be directed to proposed
infiltration areas. Pre-treatment is required.
17. Final Storm water Management Plan shall be reviewed and approved by City Engineer.
18. Erosion control measures shall be installed prior to beginning grading operations.
19. Street sweeping shall be performed as necessary to address material tracking from the site.
20. The location and elevation of the site emergency overflow(s) (EOF) shall be identified on
the plans. All critical HP and LP shall be identified along with drainage arrows.
21. 2% minimum grades are required in all landscaped areas.
22. Provide the overall site composite Curve Number (CN) along with the impervious % on the
area tabulation
23. Lowest floor levels shall be 1.0’ above the EOF.
24. Soil borings/testing shall be provided in the area of infiltration features prior to building
permit authorization.
Sanitary Sewer, Water Main and Storm Sewer
25. Final locations and sizes of Sanitary & Storm Sewer and Water main shall be reviewed
with the final construction plans and approved by City Engineer.
26. Remove references to unused detail plates from sheets C2.11- C2.13.
Landcape and Natural Resources
27. Restoration/Landscape plan should indicate required buffers and appropriate seed mixtures
for infiltration area, aquatic bench and upland areas associated with any storm water basins.
28. Landscape plan should clearly indicate drainage and utility easements and property line.
29. No major tree plantings shall be located over any underground utilities. Clusters of trees
shall be used near or around these areas instead of planting in a row. The Drainage and
Utility Easement will require clearance around the underground utilities, or the
expectation that trees may have to be removed for access when needed.
30. Sediment controls should be around the entire basin and not through the basin to provide
adequate protection during construction. Sediment controls placed at the base of
infiltration basin slopes without erosion control on the basin slopes themselves is
inadequate protection from sedimentation and clogging of the basin and does not comply
with state or local standards.
31. Silt fence would provide more protection from equipment driving through the basin and
improper material storage in the basin than sediment logs.
32. The City recommends changing the grass plantings in the basin to taller native plants or
shrubs. It is not clear what the intended design of the infiltration basin is from the
proposed plans. Redundant details have been provided and needs to be clarified.
33. It is unclear that a mix of fescue will hold up to the conditions experienced within the
basin. Additionally, mown grass tends to show more the sediment and trash collected in
the basins over time.
34. Quantities and locations of trees should be indicated on plan to show diversity of species.
Some species appear on the Plant Schedule but not on the plan.
35. Some of the different details on the plans for the infiltration basins seem
inconsistent. For example, some areas mention seeding, while others indicate the use of
mulch (seed is unlikely to germinate with several inches of mulch covering it – that is
part of the reason you use mulch – to guard against weeds germinating).
36. I would recommend against using seed to establish the basins. Seed provides a “fuzzier”
less organized look for the basins. It makes it difficult to identify what is a weed and
what is not. Shrubs are also a planting option for ease of maintenance. If seed is
selected, a longer establishment maintenance schedule will be needed to keep the basin
weed free and ensure vigorous growth; a year minimum after seeding is generally
required. Also, timing for when seed will be installed will need to be indicated. There
are certain times of year that installing native seed should be avoided.
37. Basins need to be kept off line (no water entering) until vegetation has been
established. This timeline will be longer for seeded areas.
38. Staging of installation and protection of the area the basins are in needs more detail.
39. Shredded hardwood mulch should be used. Shredded hardwood much aids in the uptake
of certain pollutants. Shredded hardwood mulch is better for plant health. Mulch should
NOT be used if seeding; a blanket or hydro mulch should be used instead.
40. Absolutely no fabrics shall be installed in the basin: no protective weed barriers, no fabric
over gravel around drain tile. Fabrics will clog will fine sediments. Socks around drain
tile shall conform to Dakota County Low Impact Development Standard 2.44 p.7
http://www.dakotaswcd.org/pdfs/Dakota%20LID%20Standards%20Revised%2002-09-
12.pdf.
41. A 3 year Maintenance plan is required from the proposed filtration basins.
a. The property owner shall maintain healthy plants suitable for use in raingardens
throughout the raingarden. The property owner shall replace dead or diseased
vegetation with plants capable of tolerating conditions encountered in the
raingardens.
b. The raingarden shall be kept free of non-native invasive plant species and noxious
weeds, including buckthorn.
c. The overall areas of the raingarden shall not be reduced during the maintenance
term.
d. The raingarden shall be watered such that it receives 1 inch of water per week
combined from rain and other sources during the first growing season.
e. Fertilizers shall not be applied to any part of the raingarden.
f. Insecticides and fungicides shall only be applied when damage from non-native
species is of concern.
g. Herbicides shall be limited to spot applications.
h. The property owner may remove dried vegetation once a year in the spring prior
to May 30th if desired.
i. The property owner shall maintain at minimum a three inch layer of shredded
hardwood mulch for the maintenance term.
j. The raingarden must drain free of water within 48 hours after a rainstorm except
for in times of frozen soils.
42. The property owner is responsible for locating all utilities prior to installation. The
owner shall only hand dig within 2 feet of utility markings. The raingardens shall not be
installed over any utilities.
City of
MEMO
Building Inspections
TO: Kathy Bodmer, City Planner
FROM: George Dorn, Building Official
DATE: August 25, 2017
SUBJECT: 14455 Diamond Path Diamond Path Elementary
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 is required prior to permit
and soil corrections on site.
The south property line with regards to location to building should be taken into account
when calculating the allowable area for the building, fire resistance and opening protection.
The Department of Labor and Industry has jurisdiction with regards to plan review for the
building and mechanical permits. The City of Apple Valley has a delegation agreement
with the State of Minnesota to conduct the inspections for the Building, Mechanical and
Electrical permits.
The State of Minnesota Plumbing Division will conduct all plumbing, storm, sanitary and
water review and do all required inspections.
The plan set should be signed by the architect and engineer.
MEMORANDUM
To: Kathy Bodmer, City of Apple Valley
From: Scott McQueen, Wold Architects and Engineers
Date: September 7, 2017
Comm. No: 152264
Subject: Independent School District #196
Diamond Path Elementary School Parking
Requirement/Parking Study
As the District proposes development at its existing Diamond Path Elementary School to implement
improved safety and security at its entrance, the proposal includes a 6,700 square foot addition of
four classrooms to replace the four classrooms that will be lost in their conversion to place the
School’s main office in the southeast corner of the building directly adjacent to the front door to
promote security and welcoming.
The relocated office means that the former office space will be converted to two additional
classroom-sized rooms to allow the current school operations to be less cramped and to better align
with current District space standards.
This project has a minor net effect on capacity that, at most, could be counted as two additional
classrooms.
In review of Apple Valley City ordinances, we understand there is not a specific parking
requirement for a school building type. We do understand that the city staf f have come up with a
guideline that suggests one parking stall for every four students in building capacity plus one stall
for every three staff. This calls for 219 parking stalls based upon the proposed changes. We have
found this guideline to be unrealistic based upon current elementary school projects in adjacent
municipalities within District #196.
Using Diamond Path Elementary, whose student population is 765 students, 81 staff members, and
31 classrooms, we can compare the variety of municipalities.
Municipality Requirement/Guideline Resulting Stall Count
Apple Valley One Stall per 4 Students
One Stall per 3 Staff
219 Stalls
Rosemount One Stall per 20 Students
One per classroom
70 Stalls
Eagan No requirement per
individual review
TBD Stalls
Lakeville One Stall per 7 Students 110 Stalls
Burnsville One Stall per 2 classrooms
One Stall per Staff member
94 Stalls
*Note: Actual stalls – 138
Actual use – +/- 87 (see available stalls analysis)
MEMORANDUM
Page 2 of 3
We have also found the Apple Valley guideline to be in excess of what is found at every public
elementary school site in Apple Valley.
School AV Guideline Actual Deficit?
Diamond Path 219 138 81
Westview 197 103 94
Cedar Park 207 85 122
Highland 189 78 111
Greenleaf 242 134 108
Southview 213 97 116
We understand that schools often are unique facilities that require individual review and as such
are often “conditional use.” We also acknowledge there are a handful of events each year in which
an elementary school can never have enough parking, such as:
Open house/Conferences
Grandparents Day
Large Celebrations
As for daily use of an elementary school and the parking needs, there is a daily pattern, which is
fairly consistent throughout the year that can be studied.
In anticipation of improvements at Diamond Path Elementary School, the District tracked actual
counts of available stalls in the lot, four times a day, for four days near the end of last school year to
observe and record available stalls. The following table contains that data.
Available Parking Stalls
Day 8:15 AM 10:15 AM 2:00 PM 3:30 PM Daily Average
Thursday, June 1 49 33 43 45 42.5
Friday, June 2 65 54 50 47 54
Monday, June 5 56 53 48 49 51.5
Tuesday, June 6 48 50 51 49 49.5
Averages 54.5 47.5 48 47.5 49.375
The current configuration at Diamond Path Elementary is 138 spaces with an average of 49 stalls
available throughout the day. It would seem that there is adequate parking at the site currently to
address any potential demand due to the proposed development despite the recommended
guideline discussed previously. It appears the average daily demand is around 87 stalls for a
current student population of 765. We would project a post-development capacity of approximately
813 students; therefore, parking in excess of 93 stalls would appear to be sufficient, if we assume
proportionality and compare to similar district facilities.
MEMORANDUM
Page 3 of 3
Concurrent with the addition and entrance project, the District is proposing to reconfigure the
location of bus drop-off and parent drop-off to provide additional safe separation of parents and
buses, as well as pedestrians. Currently there is significant conflict between buses and parents along
the entry drive in the afternoon (due to the daily attempt to leave a lane free for buses that is along
the west side of the driveway curb). The revised layout flips buses to the south lot and keeps
parents to the north lot, which is far more intuitive for parents and visitors, and allows for a
significant parent queue to reside along the west curb (as parents often arrive 45 minutes early in
the afternoon, ahead of buses). This proposed reconfiguration also results in some parking loss
overall.
The design as submitted indicates a total parking capacity of 111 cars. This exceeds our observed
demand and our calculated need by approximately 18 cars.
The new bus corral is intended to be exclusively for buses and staff during morning drop-off and
evening pick-up, but it is recognized that at other times of the day, and certainly in the evenings
and weekends, it can also serve as additional parking capacity to serve the community.
We have developed this recommendation with our clients at District #196 and they believe this
proposal adequately meets their needs. The data we were able to gather, and what we have
experienced planning dozens of elementary schools, seems to support this proposal.
Let us know if you have any follow-up questions or concerns.
cc: Jeff Solomon, ISD #196
Douglas Kahl, Wold
MF/ISD_196/152264/crsp/aug17
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Consultant Agreement with E lert & Associates Networking D ivision, I nc., f or P roject
2016-101, Water Meter Replacement
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 C onsultant Agreement with Elert & Associates Networking Division, Inc., for fiber
optic consulting services related to Project 2016-101, Water Meter Replacement.
S UM M ARY:
As part of the necessary infrastructure for the City’s future A MI (Advanced Metering
Infrastructure) meter reading system, fiber optic lines are needed to connect the C ity’s water
towers to the Municipal C enter. T he A MI system operates using antennas placed on the
City’s water towers to read water meter data and then send this data back to the C ity for
billing purposes. T he most secure and long-term method to deliver this data is over fiber
optic lines with a direct connection from the water tower antennas to the Municipal C enter.
Over the past several months, City staff have been meeting with Dakota C ounty IT staff on
the future fiber extensions to the water towers. Staff is now at a point where consulting
services are needed to formally plan and design these fiber extensions. C ounty staff have
recommended the firm of Elert & Associates for this work due to their extensive experience
on fiber extensions in Dakota C ounty. Generally, staff would utilize a consulting firm from
the C ity’s existing consultant pool (Elert & Associates is not in the consultant pool) but
because of the unique and specialized nature of this work, staff is proposing to utilize Elert
& Associates.
B AC K G RO UND :
T he actual construction of the fiber extensions would take place either late this year or in
2018. Many of these extensions would be in cooperation with Dakota C ounty led work.
Future J oint Power Agreements with Dakota C ounty would be brought to C ouncil for
approval prior to the start of this work.
B UD G E T I M PAC T:
T he total cost of the attached contract agreement is $14,400. Funding for this is budgeted as
part of the Water Meter Replacement Project.
AT TAC HM E NT S:
Agreement
ENGINEERING
CONSULTING AGREEMENT
This Engineering Consulting Agreement (“Agreement”) is entered into this _____ day
of__________________, 2017, by and between the City of Apple Valley, a Minnesota municipal
corporation, (the “City”) and Elert & Associates Networking Division, Inc., a Minnesota
corporation (the “Consultant”).
WHEREAS, Consultant has experience in fiber optic services; and
WHEREAS, the City desires to engage Consultant to assist in fiber optic services; and
WHEREAS, Consultant desires to accept such engagement upon the terms and
conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual agreements herein contained and
intending to be legally bound hereby, the City and Consultant hereby agree as follows:
ARTICLE 1. TERM OF CONTRACT
Section 1.01. TERM. This Agreement will become effective as of the date above and will
continue in effect, unless terminated in accordance with the provisions of Article 7 of this
Agreement.
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
Section 2.01. INDEPENDENT CONTRACTOR STATUS. The City and Consultant expressly agree
that Consultant is an independent contractor and not an employee, agent, joint venturer, or
partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between the City and Consultant or any
employee or agent of Consultant. Both parties acknowledge that Consultant is not an employee
for state or federal tax purposes.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
Section 3.01. CONSULTANT’S SERVICES. The City hereby retains Consultant (on a non-
exclusive basis) for the purpose of completing the fiber optic services identified in Consultant’s
proposal that is attached hereto as Exhibit “A” (the “Services”).
2
The precise services to be provided and detailed scope of work and rates for those services may
be detailed in individual work authorizations or engagement letters signed by Consultant and
City based on the general provisions and conditions set forth in this agreement.
Section 3.02. METHOD OF PERFORMING SERVICES. Consultant shall determine the method,
details, and means of performing the Services and Special Studies.
Section 3.03. PLACE OF WORK. Consultant shall base the performance of these Services at its
own business location or such other location as determined by the City. The City is not required
to provide office, technical or clerical support services to Consultant.
Section 3.04. TIME OF PERFORMANCE. Consultant shall submit for the City’s approval a
schedule for the performance of the Services that may be adjusted by mutual consent as the
Services proceed. This schedule shall include allowances for periods of time required for the
City’s review. Time limits established by this schedule and approved by the City shall not be
exceeded by Consultant or the City, except for reasonable cause, agreed to by the City.
ARTICLE 4. COMPENSATION
Section 4.01. PAYMENT PROCEDURE. Payment by the City for the Services will be made as
follows:
Contemporaneously with the submission of any bill to the City, the Consultant
shall provide an itemized statement detailing the billing strategy indicating the
number of hours spent by any employee or agent as well as the hourly rate
charged by the individual providing the work. The Consultant shall segregate its
billing to separate cost centers or projects as may be required by the City.
Section 4.02. EXPENSES. Consultant shall be responsible for all costs and expenses incident to
the performance of the Services, including but not limited to, all taxes required of or imposed
against Consultant and all other of Consultant’s costs of doing business. The City agrees to
reimburse Consultant only for those reimbursable expenses set forth in the proposal attached
hereto as Exhibit “A.” Provided, that any expenses related to special consulting or technical
services (e.g., outside consultants or technical services) must be pre-approved by the City. When
retained directly by the consultant with prior approval by the City, Consultant shall bill the City
no more than 110% of actual costs of such special consulting or technical services.
ARTICLE 5. CONSULTANT’S OBLIGATIONS
Section 5.01. STATE AND FEDERAL TAXES. As Consultant is not the City’s employee,
Consultant is responsible for paying all required state and federal taxes. In particular, the City
will not withhold FICA (Social Security) from Consultant’s payments; will not make state or
federal unemployment insurance contributions on Consultant’s behalf; will not withhold state or
federal income tax from payment to Consultant; will not make disability insurance contributions
on behalf of Consultant; or will not obtain workers’ compensation insurance on behalf of
Consultant.
3
ARTICLE 6. THE CITY’S OBLIGATIONS
Section 6.01. THE CITY’S COOPERATION. The City agrees to comply with Consultant’s
reasonable requests necessary to the performance of Consultant’s duties under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
Section 7.01. TERMINATION ON OCCURRENCE OF STATED EVENTS. The City may terminate this
Agreement automatically on the occurrence of any of the following events: (1) Consultant’s
bankruptcy or insolvency; (2) the sale or merger of Consultant’s business and/or change in
majority ownership; or (3) failure of Consultant to perform work in a timely fashion.
Additionally, this Agreement may be terminated by either party upon thirty days written notice
without cause. In the event of termination, copies of plans, reports, specifications, electronic
drawing/data files, field data, notes, and other documents, written, printed or recorded on any
medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this
Agreement and pertaining to any work or to a project, shall be made available to the City. All
provisions of this Agreement allocating responsibility or liability between the City and
Consultant shall survive the completion of the services hereunder and/or the terminati on of this
Agreement.
Section 7.02. TERMINATION FOR FAILURE TO MAKE AGREED-UPON PAYMENTS. Should the City
fail to pay Consultant all or any part of the compensation set forth in Article 4 of this Agreement
on the date due, Consultant, at Consultant’s option, may terminate this Agreement if the failure is
not remedied by the City within thirty (30) days from the date payment is due.
ARTICLE 8. DISPUTE RESOLUTION/CONSENT TO ARBITRATION
Section 8.01. AGREEMENT TO COOPERATE WITH CITY. Consultant acknowledges that the City
may, from time-to-time, be subject to arbitration or litigation arising out of or relating to any
Services that may have been provided, directly or indirectly, by Consultant. Consultant agrees
to use its best efforts to work with the City and agrees that it will cooperate fully with the City in
any arbitration or district court hearing and further agrees, if the City makes a timely request, to
be a named party to any arbitration proceeding involving a work product or service provided by
Consultant.
ARTICLE 9. GENERAL PROVISIONS
Section 9.01. NOTICES. Any notices given hereunder by either party to the other shall be in
writing and may be effected by personal delivery with signed receipt or by registered or certified
mail with postage prepaid and return receipt requested. Mailed notices shall be addressed to the
parties at the addresses appearing below, but each party may change the address by written
notice in accordance with this paragraph. Notices delivered personally or by mail will be
deemed communicated as of actual receipt; (both signed at time of receipt). The Consultant’s
authorized representative for the purpose of the administration of this Agreement
4
is______________________________________________________________________, phone
____________________, or their successor. The City’s authorized representative for the
purpose of the administration of this Agreement is Matt Saam, Public Works Director, 7100
147th Street West, Apple Valley, MN 55124, phone (952) 953-2400, or his successor.
Section 9.02. ASSIGNMENT. Except for the Consultant’s use of necessary consultants, the
Consultant and the City shall not assign or delegate their respective obligations under this
Agreement without the written consent of the other party, which consent shall not be
unreasonably withheld.
Section 9.03. ENTIRE AGREEMENT OF THE PARTIES. This Agreement supersedes and terminates
any and all prior agreements, either oral or written, between the parties hereto with respect to the
rendering of services by Consultant for the City and contains all the covenants and agreements
between the parties with respect to the rendering of such services in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises, or
agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of
any party, which are not embodied herein, and that no other agreement, statement or promise not
contained in this Agreement shall be valid or binding. Any modification of this Agreement will
be effective only if it is in writing signed by the party to be charged.
Section 9.04. INDEMNIFICATION. Consultant agrees to protect, defend, indemnify, and hold the
City and its assigns and attorneys, accountants, and employees, harmless from and against all
losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings,
costs, and expenses (including reasonable attorneys’ fees) of every kind and character resulting
from, relating to, or arising out of the negligent acts or omissions of the Consultant in the
performance of the Services.
Section 9.05. RIGHT IN WORK PRODUCT. The work product of the Services, including results,
and all ideas, developments, and inventions which Consultant conceives or reduces to practice
during the course of its performance under this Agreement and subsequently reimbursed for by
the City for such work shall be the exclusive property of the City. This information, and
material, and any such inventions shall be deemed the City’s proprietary information and shall
not be disclosed to anyone outside of the City, or used by Consultant or others without the prior
written consent of the City. Provided, however, the Consultant has the right to reuse such
information and material in the normal course of its business and retains all rights in its standard
drawing details and specifications, and in all field data, notes and databases. Other than reuse or
modification by the Consultant, the City waives all claims against the Consultant resulting from
any changes or reuse of such information and material. The Consultant will furnish the City with
electronic data versions of certain drawings or other written documents (“Digital Data”)
compatible with the City's software (to the extent possible) unless otherwise agreed upon and/or
provided in hard copy form. In the event of any conflict between a hard copy document and the
Digital Data, the hard copy document governs. The Digital Data shall be prepared in the current
software in use by the Consultant and is not warranted to be compatible with other systems or
software.
5
Any Digital Data submitted by the Consultant to the City is submitted for an acceptance period
of 60 days (“Acceptance Period”). Any defects that the City discovers during this period and
reports to the Consultant will be corrected by the Consultant at no extra charge. For correction
of defects reported to the Consultant after the Acceptance Period, the City shall compensate
Consultant on an hourly basis at Consultant’s billing rates. The City understands that the Digital
Data is perishable and the City is responsible for maintaining it.
Section 9.06. INSURANCE. The Consultant shall provide to the City an insurance certificate,
issued by an insurance company of good standing and authorized to do business in Minnesota,
evidencing the insuring of liability arising out of the performance of professional services for the
City in an amount of at least $2,000,000; and stating that such insurance cannot be cancelled
until thirty (30) days after the City has received written notice of the insured’s intention to cancel
the insurance. The Consultant agrees that the deductible within its professional liability
insurance policy shall not exceed $150,000.00.
Section 9.07. SEVERABILITY. Whenever possible, each provision of this Agreement will be
interpreted in such a manner as to be effective and valid under applicable law, but if any
provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under
any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will
not affect any other provision or the effectiveness or validity of any provision in any other
jurisdiction, and the remaining provisions of this Agreement will continue in full force without
being impaired or invalidated in any way.
Section 9.08. GOVERNING LAW. All issues concerning this Agreement will be governed by and
construed in accordance with the laws of the State of Minnesota, without giving effect to any
choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other
jurisdiction) that would cause the application of the law of any jurisdiction other than the State of
Minnesota.
Section 9.09. HAZARDOUS SUBSTANCE. The Consultant’s scope of services does not include
any services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes
known that such materials may be present at or near a Project that may affect the Consultant’s
services, the Consultant may suspend performance of its services, without liability, and will
assist the City to retain appropriate specialist consultants to adequately identify and abate such
materials so that Consultant’s services may resume.
Section 9.10. CONFIDENTIALITY. The Consultant agrees to keep confidential and not to disclose
to any person or entity, other than the Consultant’s employees, sub consultants and the general
contractor and subcontractors, if appropriate, any data and information not previously known to
and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by
the City. These provisions shall not apply to information in whatever form that comes into the
public domain, nor shall it restrict the Consultant from giving notices required by law or
complying with an order to provide information or data when such order is issued by a court,
administrative agency or other authority with proper jurisdiction, or if it is reasonably nec essary
for the Consultant to defend itself from any suit or claim. Consultant acknowledges that it is
subject to the Minnesota Data Practices Act.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
CITY OF APPLE VALLEY: CONSULTANT:
ELERT & ASSOCIATES NETWORKING
DIVISION, INC.
By: ___________________________ By: _____________________________
Mary Hamann-Roland Its: _________________________
Its: Mayor
By: ___________________________
Pamela Gackstetter
Its: City Clerk
7
EXHIBIT A
(begins on following page)
City of Apple Valley
Proposal to Provide Consulting Services for
Fiber Optic Connections
August 23, 2017
Prepared by:
Felix Fayngersh
ELERT & ASSOCIATES
(651) 430-2772
www.elert.com
City of Apple Valley Proposal for Consulting Services
Elert & Associates August 23,2017 Page i
TABLE OF CONTENTS
Page
COMPANY INFORMATION ..................................................................................................... 1
BACKGROUND INFORMATION ...................................................................................................... 1
PURPOSE ...................................................................................................................................... 2
SCOPE SUMMARY ..................................................................................................................... 2
WORK PLAN/APPROACH ........................................................................................................ 3
PHASE I – DESIGN DEVELOPMENT ............................................................................................... 3
PHASE II – DETAILED DESIGN/ACQUISITION................................................................................ 3
PHASE III – CONSTRUCTION REVIEW/ADMINISTRATION .............................................................. 5
PROPOSED FEES ........................................................................................................................ 7
REIMBURSABLE EXPENSES .......................................................................................................... 7
SERVICES OUTSIDE THE SCOPE OF WORK .................................................................................... 7
City of Apple Valley Proposal for Consulting Services
Elert & Associates August 23,2017 Page 1
Company Information
Background Information
Elert & Associates has been assisting clients with technology needs since 1984. Hundreds of
municipalities, school districts, colleges, and non-profit organizations across the United States
have enlisted our expertise in fiber and technology studies/assessments/audits, planning, design
and implementations.
Our stability and wealth of experience offers very real benefits to our clients. Whether your
project requires feasibility analysis, assessment or audits, long-term planning, technical design,
bidding & RFP documents, contract administration, or any of our professional services, you can
be confident that Elert & Associates brings the depth of knowledge and experience you expect.
In addition, Elert & Associates is an approved vendor on the State of Minnesota Technical
and Professional Services (SITE) Master Contract (program #14-ATM; SWIFT Contract ID
#75019).
E&A carries three million dollars in professional liability insurance in addition to all standard
insurances, and as the prime contractor our insurance would cover this project.
Because technology is all we do, a large percentage of our past projects consists of fiber optic
and broadband consulting work.
Affidavit of Non-Alliance and Independence
Elert & Associates hereby declares the following:
1. That we are an independent technology-consulting group.
2. That we sell no hardware or software or any tangible products, including but not limited
to networking devices, wireless equipment, security systems, telecommunications
equipment, cabling, multimedia displays or projection systems/devices.
3. That we are not aligned with any manufacturers of the above-listed products or any
products.
4. That we are not aligned with any vendors, or distributors, or representative firms who
sell, market, install, program or subcontract work for the above-listed products, or any
products or services.
5. That we are paid only on a fee (hourly) basis by our clients for which we are contractually
committed to providing independent consulting and design engineering services.
6. That we receive no commissions, salaries, or payoffs of any kind from any business
entity for services we perform on behalf of our clients, or for products that we may from
time to time recommend to our clients on their behalf.
Signed Gary Elert, President
City of Apple Valley Proposal for Consulting Services
Elert & Associates August 23,2017 Page 2
Purpose
Based on discussions with the City of Apple Valley personnel, Elert & Associates (E&A)
understands that the City wishes to establish the following fiber optic connectivity:
1. Nordic Water Tower Site connection to Apple Valley City Hall by using the existing Dakota
County fiber optic infrastructure at 132nd Street.
2. Palomino Tower connection to Apple Valley City Hall. This fiber connection will require
replacement of the existing 12 SM fiber cable between the City Hall and Western Service
Center for new 144 SM fiber cable.
3. Longridge Water Tower connection to Apple Valley City Hall by using new fiber optic cable
that Dakota County might install in 2018.
4. Valleywood Tower link to Apple Valley City Hall by connecting to the existing conduit
alongside the driveway and a handhole at the McAndrews/Valleywood driveway intersection
along with a handhole at the tower driveway. This fiber connection is contingent upon the
completion in 2018 of the Dakota County projects for the fiber optic cable installation along
Pilot Knob Rd. from 160th Street to McAndrews Rd. and continue along McAndrews Rd. to
HWY. 3.
Scope Summary
To achieve the City of Apple Valley’s objectives, Elert & Associates would do the following:
Research the optimum route for the fiber optic lateral connection for above-listed routes
and then develop the necessary detailed bid or request for proposal (RFP) documents and
supporting computer aided design (CAD) drawings.
Serve as the City’s representative through coordination with Dakota County.
Serve as the City’s representative through all contractor meetings and negotiations. Once
installation of the network equipment begins, Elert & Associates would be available to
perform site visits at crucial times to assure that the MAN will perform to specifications.
Review OTDR test results to ensure compliance with industry standards.
The above scope is just a summary of the consulting services that E&A would provide. A
step-by-step approach is described later in this proposal.
City of Apple Valley Proposal for Consulting Services
Elert & Associates August 23,2017 Page 3
Work Plan/Approach
Phase I – Design Development
TASK 1 - Conduct a Project Initiation Meeting.
a. Hold an initial meeting with City representatives to ensure a mutual
understanding of the purpose, objectives, and potential constraints.
b. Establish timeline, tasks, and responsibilities.
c. Discuss communications procedures and formats.
d. Set up progress meetings and determine who should attend.
TASK 2 - Meet with the County representative and coordinate the conduits route.
TASK 3 - Compare available infrastructure capacity (e.g., size of conduit) to requirements.
TASK 4 - Develop a draft Design Development document, including the following:
a. Summary of needs and requirements
b. Summary of gathered information
c. Summary of existing useful resources
d. Recommendations for routing/pathways (preliminary, not detailed design)
TASK 5 - The City of Apple Valley will circulate the draft Design Development document
and provide feedback.
TASK 6 - E&A will revise the document as appropriate and provide a final version to the
City of Apple Valley. (One revision is included; additional revisions would be
at hourly rates.)
Phase II – Detailed Design/Acquisition
Work in this phase depends on decisions made upon the completion of the pre-design.
TASK 7 - Develop detailed design of all necessary components as approved for
systems/services to be acquired.
TASK 8 - Develop CAD drawings as required, excluding civil engineering drawings.
City of Apple Valley Proposal for Consulting Services
Elert & Associates August 23,2017 Page 4
TASK 9 - Prepare detailed specifications including the following:
a. Vendor responsibilities
b. Cabling requirements - fiber optics
1) Fiber optic racks/panels
2) Types and numbers of cables
3) Methods of termination
4) Methods and types of splices allowed
5) Quality control of installation
6) Method of testing
7) Training of personnel for maintenance
8) “As-builts”
9) Number of required fibers
a) Existing
b) Future
10) Type and grade of conditioning
11) Labeling and diagramming specifications
c. Vendor maintenance
1) Post-cutover diagnostic capabilities/procedures
2) Cost
3) Servicing alternatives
d. Testing and acceptance criteria
TASK 10 - Meet with City of Apple Valley personnel as necessary to review progress to
date and obtain approval of specifications.
TASK 11 - Conduct pre-bid conference. Allow all potential vendors to review
specifications.
TASK 12 - If necessary, conduct site surveys. Allow all potential vendors to inspect
locations and/or construction documents.
TASK 13 - Review bid responses, as needed. Obtain all information required from vendors.
City of Apple Valley Proposal for Consulting Services
Elert & Associates August 23,2017 Page 5
TASK 14 - Conduct financial analysis:
a. Initial
b. Incremental for five-year plan
c. Present value analysis of all proposals
TASK 15 - Prepare preliminary recommendation.
TASK 16 - Review recommendation with City of Apple Valley personnel.
TASK 17 - Prepare final recommendation.
TASK 18 - Assist with contract negotiations.
Please Note: Proposed services do not include civil engineering drawings.
Phase III – Construction Review/Administration
Work in this phase depends on decisions made upon the completion of the pre-design.
TASK 19 - Attend pre-construction and construction progress meetings, as necessary, to
ensure outcome meets planning and design parameters.
TASK 20 - Review and evaluate all shop drawings, substitutions, and alternatives affecting
technology plans and designs.
TASK 21 - Act as contact for all systems design questions during planning and installation.
TASK 22 - Work with the City of Apple Valley and vendors to…
a. Review all requests for changes to systems components during installation.
b. Make recommendations to City personnel during installation.
TASK 23 - Meet with the City of Apple Valley management to review progress.
TASK 24 - Oversee system installation. Review installation for compliance to industry
standards and practices (three inspections).
City of Apple Valley Proposal for Consulting Services
Elert & Associates August 23,2017 Page 6
TASK 25 - Conduct final system review. Review equipment, ensuring that all equipment
called for in specifications has been received. (Compare with contract.)
TASK 26 - Review OTDR test results.
TASK 27 - Review test results and as-built drawings.
TASK 28 - Scrutinize all billings. Prepare summary and itemization of all billings, assuring
they match contracted items and labor. Obtain credits to the City for any
overcharges.
TASK 29 - Meet with the City of Apple Valley management for final review of system to
assure complete satisfaction.
Please Note: Proposed services do not include civil engineering drawings.
City of Apple Valley Proposal for Consulting Services
Elert & Associates August 23,2017 Page 7
Proposed Fees
Phases I, II, & III for fiber optic routes described above: $14,400
Reimbursable Expenses
Expenses will be invoiced monthly, together with services. Expenses may include, but are
not limited to, mileage, hard-copy CAD plots, provision of electronic files on CD-ROM,
duplication, faxing, and shipping & handling (UPS, FedEx, Airborne, etc.).
Services Outside the Scope of Work
Additional services not covered in this document could either be negotiated as a stipulated
sum or be billed at our standard hourly rates:
Senior Public Safety Consultant $185
Senior Technology Consultant $175
Public Safety Consultant $160
Technology Consultant $150
Staff Consultant $135
Staff Designer $110
Drafter $ 65
Technical Writer $ 65
Administrative Support $ 65
Please Note: Proposed services do not include civil engineering drawings.
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove P rof essional Service A greement with S L -serco, I nc., for P roject 2016-101, Water
Meter Replacement - A dvanced Metering I nf rastructure (A MI ) Deployment
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:
A p p r o v e Professional Service A greement with S L-serco, Inc. for Project 2016-101,
Advanced Metering Infrastructure (A MI) Deployment, not to exceed $150,000.00.
S UM M ARY:
Attached for consideration is a Professional Services A greement (PS A) with SL-serco, Inc.,
for project management, consulting, documentation and technical assistance on the A MI
deployment phase of the water meter replacement project. SL-serco has worked with the
City on the planning and procurement phases of the project.
Due to the cost and timeline for this phase, staff determined that a PS A would be consistent
with other consultant entities. A Statement of Work is included with the agreement as Exhibit
A.
B AC K G RO UND :
T he water meter replacement project was awarded to Mueller Systems, LLC , at the August
24, 2017, Council meeting. T he last meter replacement program was implemented between
1993 and 1999.
B UD G E T I M PAC T:
T he Water Meter Replacement project is included in the 2016-2020 C apital Improvement
Program and Public Works Water Utility Operations Budget for 2017, as well as the
proposed 2018 and 2019 budgets.
AT TAC HM E NT S:
Agreement
PROFESSIONAL
SERVICES AGREEMENT
This Professional Service Agreement (“Agreement”) is entered into this 28th day of
September, 2017, by and between the City of Apple Valley, a Minnesota municipal corporation,
(the “City”) and SL-serco, Inc.(the “Consultant”).
WHEREAS, Consultant has experience in Advanced Metering Infrastructure (AMI)
Deployment; and
WHEREAS, the City desires to engage Consultant to assist in AMI Deployment; and
WHEREAS, Consultant desires to accept such engagement upon the terms and
conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual agreements herein contained and
intending to be legally bound hereby, the City and Consultant hereby agree as follows:
ARTICLE 1. TERM OF CONTRACT
Section 1.01. TERM. This Agreement will become effective on September 28, 2017 and will
continue in effect, unless terminated in accordance with the provisions of Article 7 of this
Agreement.
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
Section 2.01. INDEPENDENT CONTRACTOR STATUS. The City and Consultant expressly agree
that Consultant is an independent contractor and not an employee, agent, joint venturer, or
partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between the City and Consultant or any
employee or agent of Consultant. Both parties acknowledge that Consultant is not an employee
for state or federal tax purposes.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
Section 3.01. CONSULTANT’S SERVICES. The City hereby retains Consultant (on a non-
exclusive basis) for the purpose of completing the AMI Deployment services identified in the
Consultants Statement of Work proposal that is attached hereto as Exhibit “A” (the “Services”).
The precise services to be provided and detailed scope of work and rates for those services may
be detailed in individual work authorizations, statements of work or engagement letters signed by
Consultant and City based on the general provisions and conditions set forth in this agreement.
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Section 3.02. METHOD OF PERFORMING SERVICES. Consultant shall determine the method,
details, and means of performing the Services.
Section 3.03. PLACE OF WORK. Consultant shall base the performance of these Services at its
own business location or such other location as determined by the City. The City is not required
to provide office, technical or clerical support services to Consultant.
Section 3.04. TIME OF PERFORMANCE. Consultant shall submit for the City’s approval a
schedule for the performance of the Services that may be adjusted by mutual consent as the
Services proceed. This schedule shall include allowances for periods of time required for the
City’s review. Time limits established by this schedule and approved by the City shall not be
exceeded by Consultant or the City, except for reasonable cause, agreed to by the City.
ARTICLE 4. COMPENSATION
Section 4.01. PAYMENT PROCEDURE. Payment by the City for the Services will be made as
follows:
Contemporaneously with the submission of any bill to the City, the Consultant
shall provide an itemized statement detailing the billing strategy indicating the
number of hours spent by any employee or agent as well as the hourly rate
charged by the individual providing the work. The Consultant shall segregate its
billing to separate cost centers or projects as may be required by the City.
Section 4.03. EXPENSES. Consultant shall be responsible for all costs and expenses incident to
the performance of the Services, including but not limited to, all taxes required of or imposed
against Consultant and all other of Consultant’s costs of doing business. The City agrees to
reimburse Consultant only for those reimbursable expenses set forth on "Schedule A." Provided,
that any expenses related to special consulting or technical services (e.g., outside consultants or
technical services) must be pre-approved by the City. When retained directly by the consultant
with prior approval by the City, Consultant shall bill the City no more than 110% of actual costs
of such special consulting or technical services.
ARTICLE 5. CONSULTANT’S OBLIGATIONS
Section 5.01. STATE AND FEDERAL TAXES. As Consultant is not the City’s employee,
Consultant is responsible for paying all required state and federal taxes. In particular, the City
will not withhold FICA (Social Security) from Consultant’s payments; will not make state or
federal unemployment insurance contributions on Consultant’s behalf; will not withhold state or
federal income tax from payment to Consultant; will not make disability insurance contributions
on behalf of Consultant; or will not obtain workers’ compensation insurance on behalf of
Consultant.
3
ARTICLE 6. THE CITY’S OBLIGATIONS
Section 6.01. THE CITY’S COOPERATION. The City agrees to comply with Consultant’s
reasonable requests necessary to the performance of Consultant’s duties under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
Section 7.01. TERMINATION ON OCCURRENCE OF STATED EVENTS. The City may terminate this
Agreement automatically on the occurrence of any of the following events: (1) Consultant’s
bankruptcy or insolvency; (2) the sale or merger of Consultant’s business and/or change in
majority ownership; or (3) failure of Consultant to perform work in a timely fashion.
Additionally, this Agreement may be terminated by either party upon thirty days written notice
without cause. In the event of termination, copies of plans, reports, specifications, electronic
drawing/data files, field data, notes, and other documents, written, printed or recorded on any
medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this
Agreement and pertaining to any work or to a project, shall be made available to the City. All
provisions of this Agreement allocating responsibility or liability between the City and
Consultant shall survive the completion of the services hereunder and/or the termination of this
Agreement.
Section 7.02. TERMINATION FOR FAILURE TO MAKE AGREED-UPON PAYMENTS. Should the City
fail to pay Consultant all or any part of the compensation set forth in Article 4 of this Agreement
on the date due, Consultant, at Consultant’s option, may terminate this Agreement if the failure is
not remedied by the City within thirty (30) days from the date payment is due.
ARTICLE 8. DISPUTE RESOLUTION/CONSENT TO ARBITRATION
Section 8.01. AGREEMENT TO COOPERATE WITH CITY. Consultant acknowledges that the City
may, from time-to-time, be subject to arbitration or litigation arising out of or relating to any
Services that may have been provided, directly or indirectly, by Consultant. Consultant agrees
to use its best efforts to work with the City and agrees that it will cooperate fully with the City in
any arbitration or district court hearing and further agrees, if the City makes a timely request, to
be a named party to any arbitration proceeding involving a work product or service provided by
Consultant.
ARTICLE 9. GENERAL PROVISIONS
Section 9.01. NOTICES. Any notices given hereunder by either party to the other shall be in
writing and may be effected by personal delivery with signed receipt or by registered or certified
mail with postage prepaid and return receipt requested. Mailed notices shall be addressed to the
parties at the addresses appearing below, but each party may change the address by written
notice in accordance with this paragraph. Notices delivered personally or by mail will be
deemed communicated as of actual receipt; (both signed at time of receipt). The Consultant’s
4
authorized representative for the purpose of the administration of this Agreement is Jozette
Spandel, Regional Manager, phone 612-618-2551, or their successor. The City’s authorized
representative for the purpose of the administration of this Agreement is Matt Saam, Public
Works Director, 7100 147th Street West, Apple Valley, MN 55124, phone (952) 953-2400, or his
successor.
Section 9.02. ASSIGNMENT. Except for the Consultant’s use of necessary consultants, the
Consultant and the City shall not assign or delegate their respective obligations under this
Agreement without the written consent of the other party, which consent shall not be
unreasonably withheld.
Section 9.03. ENTIRE AGREEMENT OF THE PARTIES. This Agreement supersedes and terminates
any and all prior agreements, either oral or written, between the parties hereto with respect to the
rendering of services by Consultant for the City and contains all the covenants and agreements
between the parties with respect to the rendering of such services in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises, or
agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of
any party, which are not embodied herein, and that no other agreement, statement or promise not
contained in this Agreement shall be valid or binding. Any modification of this Agreement will
be effective only if it is in writing signed by the party to be charged.
Section 9.04. INDEMNIFICATION. Consultant agrees to protect, defend, indemnify, and hold the
City and its assigns and attorneys, accountants, and employees, harmless from and agai nst all
losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings,
costs, and expenses (including reasonable attorneys’ fees) of every kind and character resulting
from, relating to, or arising out of the negligent acts or omissions of the Consultant in the
performance of the Services.
Section 9.05. RIGHT IN WORK PRODUCT. The work product of the Services, including results,
and all ideas, developments, and inventions which Consultant conceives or reduces to practice
during the course of its performance under this Agreement and subsequently reimbursed for by
the City for such work shall be the exclusive property of the City. This information, and
material, and any such inventions shall be deemed the City’s proprietary information and shall
not be disclosed to anyone outside of the City, or used by Consultant or others without the prior
written consent of the City. Provided, however, the Consultant has the right to reuse such
information and material in the normal course of its business and retains all rights in its standard
drawing details and specifications, and in all field data, notes and databases. Other than reuse or
modification by the Consultant, the City waives all claims against the Consultant resulting from
any changes or reuse of such information and material. The Consultant will furnish the City with
electronic data versions of certain drawings or other written documents (“Digital Data”)
compatible with the City's software (to the extent possible) unless otherwise agreed upon and/or
provided in hard copy form. In the event of any conflict between a hard copy document and the
Digital Data, the hard copy document governs. The Digital Data shall be prepared in the current
software in use by the Consultant and is not warranted to be compatible with other systems or
software.
5
Any Digital Data submitted by the Consultant to the City is submitted for an acceptance period
of 60 days (“Acceptance Period”). Any defects that the City discovers during this period and
reports to the Consultant will be corrected by the Consultant at no extra charge. For correction
of defects reported to the Consultant after the Acceptance Period, the City shall compensate
Consultant on an hourly basis at Consultant’s billing rates. The City understands that the Digital
Data is perishable and the City is responsible for maintaining it.
Section 9.06. INSURANCE. The Consultant shall provide to the City an insurance certificate,
issued by an insurance company of good standing and authorized to do business in Minnesota,
evidencing the insuring of liability arising out of the performance of professional services for the
City in an amount of at least $2,000,000; and stating that such insurance cannot be cancelled
until thirty (30) days after the City has received written notice of the insured’s intention to cancel
the insurance. The Consultant agrees that the deductible within its professional liability
insurance policy shall not exceed $150,000.00.
Section 9.07. SEVERABILITY. Whenever possible, each provision of this Agreement will be
interpreted in such a manner as to be effective and valid under applicable law, but if any
provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under
any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will
not affect any other provision or the effectiveness or validity of any provision in any other
jurisdiction, and the remaining provisions of this Agreement will continue in full force without
being impaired or invalidated in any way.
Section 9.08. GOVERNING LAW. All issues concerning this Agreement will be governed by and
construed in accordance with the laws of the State of Minnesota, without giving effect to any
choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other
jurisdiction) that would cause the application of the law of any jurisdiction other than the State of
Minnesota.
Section 9.09. HAZARDOUS SUBSTANCE. The Consultant’s scope of services does not include
any services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes
known that such materials may be present at or near a Project that may affect the Consultant’s
services, the Consultant may suspend performance of its services, without liability, and will
assist the City to retain appropriate specialist consultants to adequately identify and abate such
materials so that Consultant’s services may resume.
Section 9.10. CONFIDENTIALITY. The Consultant agrees to keep confidential and not to disclose
to any person or entity, other than the Consultant’s employees, sub consultants and the general
contractor and subcontractors, if appropriate, any data and information not previously known to
and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by
the City. These provisions shall not apply to information in whatever form that comes into the
public domain, nor shall it restrict the Consultant from giving notices required by law or
complying with an order to provide information or data when such order is issued by a court,
administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary
6
for the Consultant to defend itself from any suit or claim. Consultant acknowledges that is is
subject to the Minnesota Data Practices Act.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
CITY OF APPLE VALLEY: CONSULTANT:
SL-serco, Inc.
By: ___________________________ By: _____________________________
Mary Hamann-Roland Its: _________________________
Its: Mayor
By: ___________________________
Pamela Gackstetter, City Clerk
EXHIBIT A
(begins on following page)
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove L icense Agreement with Fair and I mpartial Policing, L L C, for Police Training
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:
Approve the License Agreement with Fair and Impartial Policing, LLC , (FIP) as a vendor
providing police training.
S UM M ARY:
T he agreement, which has been reviewed and approved by the city attorney's office, is a
required written agreement between a training vendor and our department as we train our
officers on implicit bias.
B AC K G RO UND :
T he police department strives to train and equip our officers to successfully navigate the
challenges they face on a daily basis. T he Minnesota PO S T Board is enacting new
regulations on mandated police training, which includes a course on implicit bias/fair and
impartial policing. Police administration learned of this training opportunity that is taking
place in Eagan.
Our department intends to train two employees (one supervisor and one line-level officer) as
trainers in implicit bias/fair and impartial policing. T hey will then train the rest of the
department over the course of the next year. As part of this training, the vendor has written
an agreement as an effort to protect their intellectual property.
T he agreement was reviewed and edited by the city attorney. T he attached version has been
approved by their office.
B UD G E T I M PAC T:
N A
AT TAC HM E NT S:
Agreement
Page 1 of 7
License Agreement
This License Agreement is made as of the Effective Date (as defined below)
between Fair and Impartial Policing LLC (“FIP”) and the City of Apple Valley
Minnesota, for its Police Department (“Agency”).
Recitals. R-1. Whereas FIP provides FAIR & IMPARTIAL POLICING®
training services and related materials for use in an implicit-bias awareness
training program for law enforcement personnel; and
R-2. Whereas FIP has devoted significant resources to the development of
its services and materials and is the owner of all right, title, and interest in and to
the Proprietary Materials (as defined below), including copyright rights; and
R-3. Whereas FIP wishes to license the Agency to use FIP’s Program (as
defined below) in accordance with this Agreement; and
R-4. Whereas the FAIR & IMPARTIAL POLICING® word mark and the
star logo above the title of this Agreement (collectively the “Marks”) are
trademarks and the property of FIP; and
R-5. Whereas FIP wishes to license to Agency the use of the Marks in
accordance with this Agreement;
Now, therefore, FIP and Agency (collectively the “Parties”) agree as
follows:
1. Definitions.
The “Effective Date” means September 19, 2017, even if this Agreement is
not executed by one or both Parties until after that date.
The “Proprietary Materials” include presentations, handouts, articles,
instructor resources, lesson plans, PowerPoint slides, outlines, notes or other
written or electronic materials that FIP uses or provides for use in training law
enforcement personnel (collectively “Proprietary Materials”).
The “Program” that is the subject-matter of this Agreement consists of the
following Proprietary Materials:
Page 2 of 7
• The scripted lesson plans for Modules 1 through 4 designed for (1)
patrol officers and (2) first-line supervisors (dated 2017 and
subsequent updates);
• The scenarios for group work for (1) patrol officers and (2) first-line
supervisors.
• The three “Man on the Porch” handouts associated with the patrol
officer curricula.
• The role plays and other exercises contained in the curricula and
outlined in the Instructor Resources for the (a) patrol officer
curricula and (b) supervisor curricula.
• The following Power Point presentations:
o Patrol Officers, Modules 1 - 4
o Supervisors, Modules 1 – 4
2. Grant of License. Beginning as soon as this Agreement has been
executed by both Parties, FIP grants Agency a license to use the Program and the
Marks for and solely in connection with the training of personnel within the
Agency (and other agencies with FIP’s prior written permission) in accordance
with and during the term of this Agreement and for no other use or purpose.
Training shall be conducted in person only. Agency shall not record the training
sessions. Agency shall not post or provide the Program, training sessions or any
Proprietary Materials online. Proprietary Materials shall not be copied,
published, distributed or disseminated outside of in-person training sessions
conducted in accordance with this Agreement. Unauthorized use of Proprietary
Materials or the Program (for example, to train non-Agency personnel without
FIP’s prior written permission) shall constitute a breach of this Agreement.
3. Obligations of Agency. (a) The Program may be used only by Agency
instructors who: (i) have been certified by FIP upon completion of an FIP-
sponsored Training-of-Trainers (“TOT”) session; and (ii) agree to the Individual
Trainer Agreement attached as Exhibit A. Failure of any instructor at any time to
abide by these terms and conditions may result in his or her being de-certified by
FIP, in which case the Agency may no longer use that instructor in the delivery of
the program.
(b) Agency shall not, and shall see to it that instructors do not, use the
Program or Proprietary Materials outside of the delivery of training pursuant to
this Agreement. For example, Agency shall not train others to provide Program
training and shall not employ or contract with FIP employees or contractors
directly to provide training services. In addition, Agency instructors shall not use
the Program or Marks in any consulting work they may do, for or without
compensation; in conjunction with programs offered by any academic institution,
unless said program is approved by FIP; or in concert with any third party that is
Page 3 of 7
not approved by FIP. The foregoing examples are intended to be illustrative only
and not exclusive. Agency must immediately notify FIP if it comes to the
Agency’s attention that any of its instructors are not abiding by these terms.
(c) Agency will use Proprietary Materials only as written and shall not alter
or revise them without FIP’s prior written consent.
(d) Agency will allow an FIP employee or consultant “master instructor”
to conduct an on-site audit of the Program, including attendance at and
observation of classes. Such audits will be performed no more frequently than
once every two years.
(e) Agency shall not modify, display or otherwise use the Marks (except as
permitted above) without FIP’s express written consent. Any use shall inure to
FIP’s benefit. Agency shall acquire no rights, title or interest to or in the Marks
(by use or otherwise) and agrees not to challenge FIP’s rights in the Marks.
4. Obligations of FIP. FIP will:
(a) lead a two-and-a-half day TOT session for Agency’s designated trainers
at a location provided by the City of Eagan Police Department on Sept 20-22,
2017;
(b) provide to Agency promptly upon execution of this Agreement the
Program materials and any Program updates issued during the Term (as defined
below);
(c) provide to Agency promptly upon execution of this Agreement
presentations in an electronic format (e.g., via download) and in binders to
participants in the TOT session;
(d) provide to Agency promptly upon execution of this Agreement access
to web-based resources, such as videos and articles, on a secure, password-
protected portion of FIP’s website; and
(e) Maintain a list of all graduates of the TOT program.
5. Term of Agreement. The term of this Agreement (the “Term”) shall
begin on the Effective Date. The Term shall end on the earliest of the following
dates: (a) the second anniversary of the date on which the FIP-led two-and-half-
day TOT program at Agency ends (i.e., September 22, 2017); (b) 30 days after
either Party gives the other Party notice of termination, or (c) 10 days after a
Party notifies the other Party of a breach of this Agreement, unless that breach is
cured within those 10 days. Once the Term ends, Agency shall immediately cease
any and all use of Proprietary Materials. At the end of the Term, the Agency will
be offered and may contract with FIP, LLC to conduct a one-day “Recertification
Course” for the Agency’s trainers who were trained during the TOT program. As
part of this “Recertification Course” (1) the agency and attendees will receive the
updated FIP curricula, (2) the trainees will be recertified to train FIP, and (3) the
agency will enter into a new licensing agreement.
6. Fees. Fees for two Agency instructors to attend the September 20-22,
2017, training and for Agency’s use of the Program have been paid by Agency
using FIP’s online registration system. Fees for the “Recertification Course” will
Page 4 of 7
be billed at prevailing rates (e.g., 2017 rates are $3500 plus travel expenses for
one FIP instructor for the single agency Recertification Course or $125.00 per
participant for the Open Registration Recertification Course).
7. Acknowledgments. Agency acknowledges (a) that the Recitals in this
Agreement (R-1 through R-5) are true and correct; (b) that this Agreement is
supported by good, adequate and sufficient consideration; (c) that the Marks,
Program and Proprietary Materials are and shall remain FIP’s exclusive property.
8. Specific Enforcement. A violation of paragraphs 2 or 3 of this
Agreement is likely to cause irreparable injury. Accordingly, FIP will be entitled,
in addition to any other rights and remedies it may have at law or in equity, to an
injunction enjoining and restraining Agency from doing or planning to do any
such act and any other violation or threatened violation of paragraph 2, 3 or 7.
9. Indemnification. Each Party shall defend, indemnify, and hold harmless
the other Party, its Affiliates, and their officers, directors, employees, and Agents
(the "Indemnified Parties") against and from any and all losses, liabilities,
damages, actions, claims, demands, settlements, judgments, and any other
expenses (including attorneys’ and experts’ fees) asserted against or incurred by
the Indemnified Parties as a result of a claim or demand by a third party, but only
to the extent caused by (i) violation of law in the performance of its obligations
under this Agreement by the indemnifying party, its Affiliates, or the officers,
Agents or employees of such party (the "Indemnifying Parties") or (ii) the gross
negligence or willful misconduct of the Indemnifying Parties during the term of
this Agreement. The indemnities in this section are subject to the Indemnified
Parties promptly notifying the Indemnifying Parties in writing of any claims or
suits. Notwithstanding anything to the contrary contained in the foregoing, the
Indemnified Parties’ recovery shall be limited to the amount of available
insurance proceeds and nothing herein shall be deemed a waiver of Agency’s
statutory tort limits under Minn. Stat. Chapter 466.
10. Relationship. Agency is not an employee of, or independent contractor
of, FIP. Licensee does not have and shall not represent to anyone that he/she has
any power, right or authority to bind FIP or assume or create any obligation or
responsibility, expressed or implied, on behalf of FIP or in FIP’s name, including
without limitation, making economic or financial commitments on FIP’s behalf.
11. Governing Law and Jurisdiction. This Agreement shall be governed by
and construed in accordance with the laws of Minnesota and the United States of
America. Any litigation arising under this Agreement shall be brought exclusively
in the appropriate state or federal court of competent jurisdiction in Minnesota.
The parties consent to the personal jurisdiction of those courts and agree that
Minnesota is an appropriate venue and convenient forum.
12. Severability. Each provision of this Agreement shall be deemed
separate and severable from the others. In the event that any provision or portion
of this Agreement is found to be invalid or unenforceable for any reason, the
Page 5 of 7
remaining provisions or portions of this Agreement shall be unaffected thereby
and shall remain in full force and effect.
13. Entire Agreement. This Agreement contains the entire agreement
between the parties concerning the subject matter hereof. Neither Party has
relied upon any other writing or any oral statements, representations, promises,
or inducements in entering into this Agreement. No provision of this Agreement
may be amended or modified, unless such amendment or modification is in
writing and signed by FIP and Agency.
14. Non-Assignability; Successors and Assigns. This Agreement and the
benefits hereunder are personal and are not assignable or transferable by Agency.
This Agreement shall inure to the benefit of FIP’s successors in interest,
including, without limitation, successors through merger, consolidation, or sale
of substantially all of FIP’s stock or assets, and shall be binding upon Agency.
15. Attorney’s Fees. In any dispute arising from or relating to this
Agreement or a breach of or alleged breach of this Agreement by Agency, Agency
shall pay FIP’s attorney’s fees, expenses and costs.
Page 6 of 7
SIGNATURE PAGE
CITY OF APPLE VALLEY, MINNESOTA
By: __________________________________
Mayor
____________________
Date
By: __________________________________
City Clerk
____________________
Date
FAIR & IMPARTIAL POLICING, LLC
__________________________________
Lorie A. Fridell
CEO
Page 7 of 7
INDIVIDUAL TRAINER AGREEMENT
This is an agreement (the “Individual Trainer Agreement”) between Fair
and Impartial Policing LLC (“FIP”) and the undersigned officer (the “Trainer”) of
the City of Apple Valley, Minnesota, for its Police Department (“Agency”).
Pursuant to the License Agreement between FIP and Agency, a copy of
which is attached, Trainer agrees that FIP’s presentations, handouts, articles,
instructor resources, lesson plans, PowerPoint slides, outlines, notes or other
written or electronic materials that FIP uses or provides for use in training law
enforcement personnel (collectively “Proprietary Materials,” and including the
Program described in the License Agreement) are FIP’s property. Trainer agrees
to use the Program for and solely in connection with the training of p ersonnel
within the Agency (and other agencies with FIP’s prior written permission) in
accordance with and during the term of the License Agreement and for no other
use or purpose. So, for example, Trainer shall not use the Program in any
consulting work he or she might do, for or without compensation; in conjunction
with programs offered by any academic institution, unless said program is
approved by FIP; or in concert with any third party that is not approved by FIP.
The foregoing examples are intended to be illustrative only and not exclusive.
Trainer agrees to the terms of the License Agreement and to comply with it
fully.
__________________________________
Trainer
__________________________________
Trainer’s Name (Printed) & Title
____________________
Date
FAIR & IMPARTIAL POLICING, LLC
__________________________________
Lorie A. Fridell
CEO
EXHIBIT A TO LICENSE AGREEMENT
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Change Order No. 1 on A greement with Clean 'N S eal, I nc., f or P roject 2017-129, 2017
Concrete C leaning & Sealing S ervices, and Approve A cceptance and F inal P ayment
S taff Contact:
Michael Glewwe, Public Works Superintendent - Streets
D epartment / D ivision:
S treets Division
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 1 to agreement with C lean 'N Seal, Inc., with an addition of
$570.00; and accepting Project 2017-129, 2017 C oncrete C leaning & Sealing Services, as
complete and authorizing final payment in the amount of $19,570.
S UM M ARY:
Clean 'N Seal, Inc. has requested final payment of $19,570 for cleaning and sealing
decorative concrete sidewalks along Pennock Avenue south of C ounty Road 42, 153rd Street
W. from Frost Path to Pennock Avenue, Founders Lane, Gallivant Place, and Galaxie
Avenue south of 151st Street W. T he contractor has completed all work per the agreement.
T he improvements have been inspected and found to be acceptable for final payment.
B AC K G RO UND :
On April 27, 2017, C ity C ouncil approved an agreement with C lean 'N Seal, Inc. in the
amount of $19,000 for cleaning and sealing 100,000 square feet of decorative concrete along
the Ring Route. An additional 3,000 square feet was cleaned and sealed in order to use all
of the sealant that was purchased. T he cost to complete the additional cleaning and sealing
is $570 for a total of $19,570.
B UD G E T I M PAC T:
Funds for this project are included in the 2017 operating budge for the Public Works Street
Division.
AT TAC HM E NT S:
C hange Order D ocument(s)
F inal Pay Documents
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving 2018 City C ontribution toward Employee G roup I nsurance
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:
Adopt resolution approving 2018 City maximum monthly contribution toward group
insurance for eligible unrepresented employees and elected officials.
S UM M ARY:
Staff recommends establishing the following maximum monthly contribution for eligible
unrepresented employees and elected officials in 2018:
$930 per month for employees enrolled in a copay health plan (+$10 from 2017)
$1,240 per month for employees enrolled in a deductible health plan (+$60 from 2017)
Additional $80 per month contribution to the HRA or HSA of participants in a
deductible health plan (no change from 2017)
B AC K G RO UND :
T he C ity of Apple Valley currently provides group medical, dental, and life insurance to
employees in full-time positions designated in the Pay and Benefit Plan and elected officials.
T he C ity makes a maximum monthly contribution toward the selected benefits for eligible
employees. An additional incentive contribution of $80 per month is made to the Health
Reimbursement Arrangement (HRA) or Health Savings Account (HSA) of participants
enrolled in a deductible health plan.
An open enrollment period is held each year to allow employees to make changes to certain
benefits coverage. T his year’s open enrollment period will be held October 20 – November
3 for an effective date of J anuary 1, 2018. In order for employees to make the best-informed
decision during the open enrollment period, it is beneficial to communicate the monthly C ity
contribution in advance.
T he City is a member of the LO G IS health care consortium. In 2016, the consortium
solicited competitive bids for group health insurance and selected HealthPartners as the
carrier beginning in 2017. Rates decreased approximately 13.5% for 2017. T he consortium's
contract with HealthPartners includes rate caps through 2021. T he rates for the selected
plans have been released from LO G IS. For 2018, our rates will increase by approximately
11.3%.
For 2018, the City will continue to offer the same types of health plan options: a copay plan
and two types of deductible plans. One type of deductible plan coordinates with a Health
Reimbursement A rrangement (HRA), and the other type of deductible plan coordinates with
a Health Savings Account (HSA ). C urrently, 88% of C ity employees participate in a
deductible health plan. Preventive care is encouraged and promoted for all covered
employees. Preventive health care is 100% covered with no deductible or copayment under
all of the C ity’s health plan options. Two network options will also remain available: Open
Access (most MN providers) and Perform (open access network excluding a small number
of high-cost health systems).
T he C ity's dental plan will remain with HealthPartners Dental in 2018. Single coverage
monthly premium rate will not change; family coverage monthly premium will increase by $5.
Life insurance will remain with Sun Life, and rates will not increase for 2018.
T he C ity will offer employees several opportunities to learn more about group insurance
plan options during the open enrollment period, including group sessions and individual
meetings.
B UD G E T I M PAC T:
T he recommended C ity contribution results in approximately an equal sharing of the average
overall health plan premium increase between the C ity and employees in a deductible plan.
T his amount is consistent with the 2018 proposed budget.
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION ESTABLISHING THE CITY CONTRIBUTION TOWARD GROUP
INSURANCE FOR ELIGIBLE EMPLOYEES COVERED BY THE PAY AND BENEFIT
PLAN AND ELECTED OFFICIALS.
WHEREAS, the City offers group medical, dental, basic life and supplemental life
insurance to eligible unrepresented employees and elected officials; and
WHEREAS, in preparation for the annual open enrollment period and meetings
scheduled to begin in October 2017, it is desirable to establish the City provided benefit amount
effective for January 1, 2018.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Apple
Valley, Dakota County, Minnesota, hereby approves a maximum monthly contribution of:
• $930 per month toward group health, dental, and life insurance for eligible
unrepresented employees and elected officials covered by the Pay and Benefit plan
who are enrolled in a City-sponsored copay health plan in 2018; and
• $1,240 per month toward group health, dental, and life insurance for eligible
unrepresented employees and elected officials covered by the Pay and Benefit plan
who are enrolled in a City-sponsored deductible health plan in 2018, and an
additional $80 per month contribution to the City-sponsored HRA or HSA of those
enrollees in such deductible health plan.
ADOPTED this 28th day of September, 2017.
_____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_____________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.S .
C O UNC I L ME E T I NG D AT E :S eptember 28, 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
September 28, 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)
Julie Hietala
Accept
Resignation Liquor Clerk
Part-Time,
Regular 5090 9/6/2017
Chris Koenig Rehire Ice Resurfacer
Part-Time,
Variable 5205 $ 13.75 Hourly C-06 10/1/2017
David Schilling
Accept
Retirement Maintenance II
Full-Time,
Regular 1060 9/29/2017
Tammy Stauffer Hire Liquor Clerk
Part-Time,
Regular 5060 $ 11.00 Hourly L-1 9/27/2017
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.T.
C O UNC I L ME E T I NG D AT E :S eptember 28, 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 September 7, 2017, and September 13, 2017, in the amounts of
$1,169,921.84, and $569,970.99, respectively.
AT TAC HM E NT S:
C laims and B ills
C laims and B ills
I T E M: 4.U.
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:C onsent Agenda
Description:
S et Special I nf ormal City Council Meeting at 5:00 p.m. on October 12, 2017
S taff Contact:
Tom L awell, City Administrator
D epartment / D ivision:
A dministration Department
AC T I O N RE Q UE S T E D:
Set a special informal meeting by changing the starting time for the October 12, 2017, C ity
Council Informal Meeting to 5:00 p.m., at the Apple Valley Municipal C enter.
S UM M ARY:
T he C ity C ouncil is scheduled to conduct a regularly scheduled informal meeting at 5:30
p.m. on T hursday, October 12, 2017. Staff has a number of important issues to bring before
the C ity C ouncil that evening, including an update on planned improvements to the Partners
in Higher Education Building, possible roadway intersection improvements at 147th Street
and Glazier Avenue, the recommended addition of a second Police K9 unit, and planned
improvements to the food and beverage operations at Valleywood G olf C ourse.
Given the number of pending agenda items for discussion, staff recommends that the Council
begin the meeting at 5:00 p.m. instead of 5:30 p.m. Given the earlier starting time, a light
dinner will be provided.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
N/A
I T E M: 5.A .
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:Regular Agenda
Description:
P roclaim October 8 through 14, 2017, as "F ire P revention Week" and A uthorize A ctivities
P lanned at F ire S tations
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:
Proclaim October 8 through 14, 2017, as "Fire Prevention Week" and authorize activities
planned at fire stations.
S UM M ARY:
Annually the N ational Fire Protection A ssociation (N FPA) along with Fire Departments
nationwide recognize and participate in Fire Prevention Week commemorating the Great
Chicago Fire of 1871. Fire Prevention Week 2017 will be observed October 8 through 14,
2017. T his years educational message is "Every Second Counts! Plan 2 Ways Out!".
Everyone should plan for two ways out of a building should a fire or emergency occur.
B AC K G RO UND :
An element of the Fire Department's mission is to provide community risk reduction through
fire prevention education. T hroughout the year Firefighters teach life safety messages,
especially during Fire Prevention Week.
Every Fire Prevention Week Firefighters bringing fire prevention education to all of the
elementary schools and assist with fire drills at every school throughout city. Firefighters
also host Open Houses at each of the three Fire Stations educating the community on fire
safety. O pen Houses will take place from 6-9 p.m. on Tuesday, October 10th at Fire Station
1, 6-9 p.m. on Wednesday, October 11th at Fire Station 2, and 6-9 p.m. on T hursday,
October 12th at Fire Station 3. T he public is invited to attend the open houses.
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, public safety is a top priority in Apple Valley; and
WHEREAS, safety from fire is important to both citizens and local firefighters, who put
their lives on the line with every response to fire; and
WHEREAS, residents of Apple Valley must take action to prevent fires and to protect
themselves if fire strikes; and
WHEREAS, awareness of simple safety practices can help lower our local fire death and
injury rates; and
WHEREAS, working smoke alarms on every level and a home fire escape plan and
regular drills are essential for every household in Apple Valley; and
WHEREAS, Apple Valley is joining the National Fire Protection Association (NFPA) in
teaching lifesaving messages in conjunction with Fire Prevention Week; and
WHEREAS, the Fire Prevention week 2017 theme, “Every second counts! Plan 2 ways
out!” is an important reminder for all citizens of Apple Valley.
NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County,
Minnesota, hereby proclaims the week of October 8-14, 2017, as:
“FIRE PREVENTION WEEK”
This week is commemorated across North America and supported by the public safety efforts of
the fire departments, schools, and other safety advocates in conjunction with the NFPA.
FURTHER, we call upon the people of Apple Valley to remember the Fire Prevention
Week 2017 caution, “Every second counts! Plan 2 ways out!” and urge all citizens to heed the
advice, to make sure their homes have smoke alarms installed properly and that each one is less
than 10 years old.
PROCLAIMED this 28th day of September, 2017.
______________________________
Mary Hamann-Roland, Mayor
ATTEST:
____________________________________
Pamela J. Gackstetter, City Clerk
9/28/2017
1
Tuesday, October 10th ~ 6:00 p.m. – 9:00 p.m.
Station 1 – located at 15000 Hayes Road
Wednesday, October 11th ~ 6:00 p.m. – 9:00 p.m.
Station 2 – located at 13995 Galaxie Avenue
Thursday, October 12th ~ 6:00 p.m. – 9:00 p.m.
Station 3 – located at 14195 Essex Avenue
For more information visit
www.applevalleyfire.org
or call us at 952-953-2600
I T E M: 5.B .
C O UNC I L ME E T I NG D AT E :S eptember 28, 2017
S E C T I O N:Regular Agenda
Description:
A nnounce Clean-up Day Event
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
T he City holds an annual C lean-up Day to allow residents to dispose of non-hazardous
material in a centralized location for a reasonable fee. C ity staff will provide the public with
brief information on the event.
B AC K G RO UND :
T he 2017 event is scheduled for Saturday, September 30, between 8:00 a.m. and 1:00 p.m.
at the Family A quatic C enter parking lot.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Exhibit
Presentation
Appliances: $15
Tires
Car: $5, Semi: $10, Tractor: $25
Scrap metal: $7-$10/item
Mattresses and box springs:
$25 each
($10 for baby mattresses)
Furniture:
Recliners, sofas, love seats: $15
Pull-out sofas: $25
Wooden chairs: $5
Carpet and padding: $1/square yard
Home remodeling debris: $50/pickup load
Miscellaneous: $35-$50 (based on volume)
Document destruction: FREE
Paint, cleaners, pesticides*
Take to Recycling Zone, 3365 Dodd Rd, Eagan
Other household hazardous waste*
Take to Recycling Zone
Electronics*
Take to Recycling Zone
Fluorescent bulbs*
Take to Recycling Zone
Motor oil/filters*
Take to Recycling Zone
Car batteries*
Take to Recycling Zone
Any yard waste
Take to a Mulch Store: 16454 Blaine Ave, Rosemount or
1030 W Cliff Rd, Burnsville
Business waste
Call Dakota County at 952-891-7548
Railroad ties and treated lumber
Take to Pine Bend Landfill
2495 E 117th St, Inver Grove Heights
Pharmaceuticals
Drop-off box located at AVPD lobby
7100 147th St W, Apple Valley
Mon-Fri, 8:00am-4:30pm
Curbside Pick-up Day for Appliances
Monday, Oct. 2
Call J.R.’s Appliance (651-454-9215) or
Certified Recycling (952-894-1448) to
schedule a pickup and obtain fee information.
**You must call before noon on Thursday, Sep. 28**
Call for a full list of accepted items.
Saturday, September 30, 2017
8:00am—1:00pm
Family Aquatic Center
14421 Johnny Cake Ridge Rd, Apple Valley
Accepted Items Not Accepted
For more information about the drop-off event, or questions about recycling
items not accepted at the event, contact Dakota Valley Recycling.
952-895-4559
www.DakotaValleyRecycling.org
Proof of Apple Valley residency required.
Cash or check payable to City of Apple Valley
* City of Burnsville will accept electronics and hazardous waste on Saturday, Sept. 30th,
9:00am-2:00pm at the Burnsville Maintenance Facility, 13713 Frontier Ct., Burnsville
TVs and computer monitors will be accepted for $10 each, all other hazardous waste is FREE
9/28/2017
1
Saturday, Sept. 30th
8:00 a.m. to 1:00 p.m.
Family Aquatic Center Parking Lot
(Off Johnny Cake Ridge Road and
142nd St)
9/28/2017
2
I T E M: 7.
C O UNC I L ME E T I NG D AT E:S eptember 28, 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./Sep. 26 11:00 a.m.Southside Nutrition Ribbon C utting C eremony
Wed./Sep. 27 2:00 p.m.Municipal C enter Karen Shaw Retirement Reception
T hur./Sep. 28 6:00 p.m.Municipal C enter ED A Meeting - C A N C ELLED
T hur./Sep. 28 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
Fri./Sep. 29 4:00-9:00 p.m.Kelley Park Oktoberfest
Tue./Oct. 3 7:30 -9:00 a.m.Dunn Bros.Chamber C offee Connection
Wed./Oct. 4 7:00 p.m.Municipal C enter Planning Commission Meeting
Fri./Oct. 6 10:30 a.m.Minnesota Zoo Zoo Pollinator Garden Planting
Ceremony
Tue./Oct. 10 6:00-9:00 p.m.Fire Station No. 1 Fire Prevention Week Open House
Wed./Oct. 11 7:00 a.m.Valleywood Apple Valley Rotary Meeting
Wed./Oct. 11 6:00-9:00 p.m.Fire Station No. 2 Fire Prevention Week Open House
T hur./Oct. 12 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting
T hur./Oct. 12 6:00-9:00 p.m.Fire Station No. 3 Fire Prevention Week Open House
T hur./Oct. 12 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
Tue./Oct. 17 2:00 p.m.Municipal C enter Cemetery Advisory Committee
Meeting
Wed./Oct. 18 9:00 a.m.Municipal C enter Firefighters Relief Association
Meeting
Wed./Oct. 18 7:00 p.m.Municipal C enter Planning Commission Meeting
T hur./Oct. 26 4:00 p.m.Cub Foods Re-Grand Opening Ceremony
T hur./Oct. 26 4:30-6:30 p.m.Anchor Bank Chamber Business After Hours
T hur./Oct. 26 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