HomeMy WebLinkAbout03/22/2018 Meeting
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
March 22, 2018
C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A
7:00 P M
1.C all to Order and Pledge
2.Approve Agenda
3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda
4.Approve C onsent Agenda Items
C onsent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a councilmember or citizen
requests to have any item separately considered. It will then be moved to the
regular agenda f or consideration.
A.Approve Minutes of March 8, 2018, Regular Meeting
B.Adopt Resolution Accepting Donation from Meredith and J ohn
Kuharenko for Use by Police Department
C .Adopt Resolution Accepting Donation of Masimo Rad-57 Pulse
Oximeter from Minnesota Department of Natural Resources, Division of
Forestry, for Use by Fire Department
D.Receive Planning C ommission 2017 Annual Report
E.Receive Urban Affairs Advisory Committee 2017 Annual Report
F.Adopt Resolution Appointing Commissioner to Black Dog Watershed
Management Organization
G.Adopt Resolution Establishing Additional Load Restrictions on City
Streets
H.Adopt Resolution of Support for Corridors of C ommerce Program
Funding for Northbound MnPA SS Lane Addition on Trunk Highway 77
I.Approve Park Name for Property in C ortland Development and Direct
Installation of Interpretive Sign
J .Approve Reduction of Natural Resources Management Permit Financial
Guarantee
K.Adopt Resolution Approving Plans and Specifications for Project 2018-
103, 2018 Micro Surfacing, and Authorizing Advertising for Receipt of
Bids at 10:00 a.m. on April 24, 2018
L.Adopt Resolution Approving Plans and Specifications for Project 2016-
138, Signal Modification at 140th Street and Galaxie Avenue, and
Authorizing Advertising for Receipt of Bids at 10:00 a.m. on April 24,
2018
M.Adopt Resolution Awarding Agreement for Project 2018-101, 2018
Street & Utility Improvements
N.Adopt Resolution Awarding Agreement for Project 2018-105, 2018
Street Improvements
O.Adopt Resolution Awarding Agreement for Energy Savings Performance
Contract to Ameresco, Inc.
P.Approve License Agreement for Accessory Structure on Lot 2, Block 4,
Greenleaf Sixth Addition (5778 138th Street C ourt)
Q.Approve Agreements for Lease-to-Own Equipment for Valleywood Golf
Course
1. MT I Distributing, Inc., for Mowers
2. Turfwerks C orporation for Sprayer
R.Approve Change Order No. 2 to Agreement with Dering Pierson Group,
LLC, for Education Building Renovation
S.Approve Change Order No. 2 to Agreement with Ryan Mechanical, Inc.,
for HVA C Old C ity Hall, and Approve Acceptance and Final Payment
T.Approve Acceptance and Final Payment on Agreement with Pro-Tec
Design, Inc., for Fire Station Security Camera System
U.Approve Acceptance and Final Payment on Agreement with Twin City
Tree Authority, LLC , for Project 2018-106, Ash Tree Removals
V.Approve Personnel Report
W.Approve Claims and Bills
5.Regular Agenda Items
A.Village Pointe Plaza/Zvago Apple Valley (To be platted as Lots 1 and 2,
Block 1, Village Pointe Plaza)
1. Adopt Resolution Approving Village Pointe Plaza Final Plat
and Development Agreement
2. Adopt Resolution Approving Planned Development Agreement
3. Adopt Resolution Approving Site Plan/Building Permit for 58-Unit
Senior C ooperative Building on Lot 1, Block 1, Village Pointe
Plaza (7070 153rd Street W.)
B.Quarry Ponds Fifth Addition
1. Pass Ordinance Rezoning Property from "SG" (Sand and Gravel) to
"PD-975/Zone 1" (Planned Development)
2. Pass Ordinance Amending "PD-975" to Allow a Minimum Front
Yard Building Setback of 25 Feet for Lots Containing a Minimum
of 52 Feet of Underground Pipeline Easement (Recommend
waiving second reading)
3. Adopt Resolution Approving Preliminary Plat
C .Review Ordinance Amending C hapter 123 of the City C ode, Regulating
Massage T herapy Establishments and T herapists (First reading)
6.Staff and C ouncil C ommunications
7.Approve C alendar of Upcoming Events
8.C losed Session
A.Convene into C losed Session to Discuss Terms and Conditions for
Possible Sale of City-Owned Land (Parcel ID 22-01200-51-010)
9.Adjourn
Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and
on the C ity's website at www.cityof applevalley.org
I T E M: 4.A.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A pprove Minutes of March 8, 2018, Regular Meeting
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Approve the minutes of the regular meeting of March 8, 2018.
S UM M ARY:
T he minutes from the last regular C ity C ouncil meeting are attached for your review and
approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Minutes
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 8, 2018
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held March 8, 2018, at 7:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and
Hooppaw.
ABSENT: None.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, City Engineer Anderson, Police Captain Bermel, Parks and Recreation
Director Bernstein, Police Captain Francis, Assistant City Administrator Grawe, Human
Resources Manager Haas, Finance Director Hedberg, Community Development Director
Nordquist, Police Chief Rechtzigel, Public Works Director Saam, and Fire Chief Thompson.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge
of Allegiance 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. No one requested to speak.
CONSENT AGENDA
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. There were no requests.
MOTION: of Bergman, seconded by Hooppaw, approving all items on the consent agenda
with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting
of February 22, 2018, as written. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, receiving the Parks and Recreation
Department’s 2017 annual report. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 8, 2018
Page 2
MOTION: of Bergman, seconded by Hooppaw, receiving the Parks and Recreation Advisory
Committee’s 2017 annual report. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving submission of a Heart Safe
Communities Grant Applications to Allina Health for Automated External
Defibrillator (AED) cost share, for two AEDs for the Public Works, as attached to
the Public Works Superintendent-Utilities and Parks Superintendent’s memo. Ayes
- 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving submission of a Heart Safe
Communities Grant Application to Allina Health for Automated External
Defibrillator (AED) cost share, for one AED for the Parks and Recreation
Department, as attached to the Public Works Superintendent-Utilities and Parks
Superintendent’s memo. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving the Parks and Recreation
Departments Special Events Permit Guide and Application, as attached to the
Director of Parks and Recreation’s memo. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, authorizing distribution of the draft Surface
Water Management Plan to outside agencies for review, as attached to the Natural
Resources Coordinator’s memo. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-27 approving a
5-foot house-side setback variance and a 10-foot front yard setback variance on Lot
2, Block 3, The Oaks of Apple Valley (13415 Gunflint Ct.) to allow construction of
a 466 square foot workshop addition, with conditions as recommended by the
Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-28 directing
preparation of plans and specifications for Project 2017-101, Valleywood Reservoir
Rehabilitation. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-29 authorizing
publishing a notice of intent to award an Energy Savings Performance contract to
Ameresco. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-30 approving
plans and specifications for Project 2018-104, 2018 Utility Improvements; and
authorizing advertising for receipt of bids, at 10:00 a.m., on April 10, 2018, via a
posting on the City’s website and Quest Construction Data Network. Ayes - 5 -
Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving the five-year Agreement for
exclusive food and beverage service at Valleywood Golf Course with A This Little
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 8, 2018
Page 3
Piggy Catering, Inc., d/b/a A’Britin Catering & Hospitality, subject to final
revisions and changes as approved by the City Administrator and City Attorney,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with A-Plus Roofing, for Rooftop Replacement at Apple Valley
Education Building, modifying the agreement to allow progress payments of not
more than once monthly, resulting in no change to the agreement amount. Ayes - 5
- Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in
the Personnel Report dated March 8, 2018. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, to pay the claims and bills, check registers
dated February 14, 2018, in the amount of $1,021,523.70, and February 22, 2018,
in the amount of $747,500.76. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
URBAN AFFAIRS ADVISORY COMMITTEE VACANCY
Ms. Gackstetter reviewed her memo regarding the vacancy on the Urban Affairs Advisory Committee
following the reassignment and appointment of Barry Berg to the Telecommunications Advisory
Committee. The vacancy has a three-year term expiring March 1, 2019. She said the Council may
wish to extend an invitation to individuals interested in serving on this Committee to submit an
application to the City Clerk by April 20, 2018. An appointment could then be made in May.
MOTION: of Grendahl, seconded by Hooppaw, directing staff to post the Urban Affairs
Advisory Committee vacancy and inviting individuals interested in serving on the
Committee to submit an application to the City Clerk by April 20, 2018. Ayes - 5 -
Nays - 0.
COMMUNICATIONS
Mr. Lawell invited everyone to the last Apple Valley Arts Foundation Frozen Apple concert for
2018 at Valleywood Clubhouse from 6:00 p.m. to 9:00 p.m. on March 10, 2018.
Councilmember Hooppaw congratulated the ISD 196 figure skating team on their first place win
at a national competition in Dallas, Texas. Two shows are scheduled at the Apple Valley Sports
Arena where the public can watch them perform.
Fire Chief Thompson reminded everyone to stay off thin ice.
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 8, 2018
Page 4
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as
included in the Deputy City Clerk’s memo, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 7:10 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 :March 22, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A ccepting Donation from Meredith and J ohn K uharenko for Use by Police
Department
S taff Contact:
Nick Francis, Police Captain
Department / Division:
P olice Department
AC T I O N RE Q UE S T E D:
Adopt the attached resolution accepting a donation of $100.00 from Meredith and J ohn
Kuharenko for use by the Police Department.
S UM M ARY:
Meredith and J ohn Kuharenko sent a letter of support along with a check for $100 to the
Police Department. Meredith and J ohn Kuharenko's children attended school in Apple
Valley and they now have grandchildren in the school district. T he Kuharenko's wanted the
money to be used in a school setting. T he Police Department plans to use this donation to
assist with our community outreach efforts in our schools.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION ACCEPTING DONATION
WHEREAS, the City Council of Apple Valley encourages public donations to help
defray costs and improve the quality of life in Apple Valley; and
WHEREAS, Meredith and John Kuharenko of Apple Valley have offered to donate
$100.00 to the Police Department to support police department community outreach programs;
and
WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or
personal property be accepted only with the adoption of a resolution approved by two-thirds of
the members of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City.
BE IT FURTHER RESOLVED that the City sincerely thanks Meredith and John
Kuharenko for the gracious and generous donation and their support of the Police Department’s
efforts in the community.
ADOPTED this 22nd day of March, 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 :March 22, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A ccepting Donation of Masimo Rad-57 Pulse Oximeter from Minnesota
Department of Natural Resources, Division of F orestry, for Use by Fire Department
S taff Contact:
Nealon P. Thompson, Fire Chief
Department / Division:
Fire Department
AC T I O N RE Q UE S T E D:
Adopt the resolution accepting the donation of a Masimo Rad-57 Pulse Oximeter from the
Minnesota D epartment of Natural Resources, Division of Forestry, for use by Fire
Department.
S UM M ARY:
T he Minnesota Department of Natural Resources (MN-D N R), Division of Forestry is
donating a surplus Masimo Rad-57 Pulse Oximeter. T his rugged and easy to use device is
an important addition to patient care and firefighter health and wellness. Because it is
lightweight, it's convenient to carry and have on hand to monitor the carbon monoxide levels
in patients and firefighters. In the case of firefighters, it is used to prevent health and
wellness exposure at fire scenes.
T he MN-D N R makes available to local entities of government surplus emergency
preparedness equipment. T he Fire Department was recently made aware of RA D-57
availability and wishes accept one to enhance our ability to care for those with carbon
monoxide exposure.
B AC K G RO UND:
Carbon monoxide is an odorless, colorless, and tasteless gas that is highly toxic. It easily
binds to the hemoglobin in ones blood preventing oxygen delivery to the tissue and cells.
T he Masimo Rad-57 Pulse O ximeter is the only tool to diagnose carbon monoxide levels in
one system. T he continuous monitoring functionality will be particularly beneficial at scenes
where the atmospheres have been tested and found to be toxic. T he ability of the monitor to
detect harmful elements in the wearer enables emergency responders to both remove the
person from the environment promptly and, when necessary, begin oxygen therapy right away.
B UD G E T I M PAC T:
T he donated RA D-57 will require calibration, firmware update, and the purchase accessories
(protective case, cable, and pediatric sensor) to place the unit in service. Estimated cost,
using 2018 budgeted maintenance funds, is half the price of new instrument; $2,998.95.
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION 2018-
A RESOLUTION ACCEPTING DONATION TO FIRE DEPARTMENT
WHEREAS, the City Council of Apple Valley encourages public donations to
help defray the costs to the general public of providing services in Apple Valley; and
WHEREAS, the MN-DNR Division of Forestry through its MN Interagency Fire
Center has offered to donate a Masimo Rad 57 Pulse Oximeter for use by the Apple
Valley Fire Department; and
WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of
real or personal property be accepted only with the adoption of a resolution approved by
two-thirds of the members of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Apple Valley, Dakota County, Minnesota, that the donation is hereby accepted for use by
the City.
BE IT FURTHER RESOLVED that the City sincerely thanks the MN-DNR
Division of Forestry for the gracious and generous donation.
ADOPTED this 22 day of March, 2018.
______________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
Receive P lanning Commission 2017 A nnual Report
S taff Contact:
J oan Murphy, Department A ssistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Receive the Planning C ommission 2017 Annual Report.
S UM M ARY:
T he C ommunity Development Department is responsible for coordinating the work of the
Planning C ommission. C ity ordinance requires that a report of the C ommission be provided
annually representing the work during the preceding year, 2017.
B AC K G RO UND:
T he report was approved by the Planning C ommission at their annual meeting on March 7,
2018. T he report outlines activities and accomplishments of the C ommission for the
previous year.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Report
APPLE VALLEY
Planning Commission
2017 ANNUAL REPORT
Planning Commission
The role of the Planning Commission is to make recommendations to the City Council on a
variety of land use requests and issues. In 2017, there were 21 Planning Commission meetings
held that consisted of public hearings, land use applications and sketch plans.
Members of the Apple Valley Planning Commission included:
Tom Melander, Chair
Tim Burke, Vice-Chair
David Schindler, Secretary
Ken Alwin
Keith Diekmann
Jodi Kurtz
Paul Scanlan
Land Use Development
In 2017, there were 45 land use development applications. Land use development applications
may consist of multiple actions that must be reviewed and analyzed by staff, then presented to
the Planning Commission and City Council for their consideration and action. A total of 21
Planning Commission agendas, agenda packets, and minutes were prepared and distributed,
as well as 17 public hearings held:
Land Use Actions Requested in 2011 2017
Comprehensive Plan Amendments 1
Zoning Ordinance Amendments/Rezonings 7
Conditional Use Permits 1
Subdivision/Preliminary Plats/Final Plats 13
Site Plan Reviews/Building Permit Authorizations 9
Vacations 2
Variances 9
Environmental Reviews 0
Interim Use Permits 2
Miscellaneous 12
TOTAL 56
Performance and activity never tells the whole story. The complexity of land use requests has
often involved comprehensive plan revisions, rezonings, zoning amendments, and site
plan/building permit authorizations on property located in established neighborhoods. Changes
in fully developed area of the City often require additional meetings for the complete review.
Building permit project valuation doubled in 2017 from 2016. In 2016, the valuation was
$95,352,609. In 2017, the valuation was $202,481,522.
Commercial Projects
Cobblestreet Market
Approval was granted for a preliminary plat of an outlot that created two lots, zoning
amendments to allow for a drive-up window in conjunction with a restaurant, and site
plan/building permit authorization to allow for construction of 8,148-sq. ft. multi-tenant retail
building on a 1.26-acre lot at the southwest corner of 157th Street West and Cobblestone Lake
Parkway.
Foliage Medical Office Building
The City approved a site plan building permit authorization request to allow for construction of
an 18,375-sq. ft. medical office building on a 5.47-acre lot located at 15160 Foliage Avenue.
The building was completed in 2017.
TCF Bank at Mount Olivet
Mount Olivet Church split off a 16,600 sq. ft. parcel on the southwest corner of 142nd St W. and
Cedar Ave for construction of a 2,400 TCF bank with drive-thru lanes. Construction of the bank
at 7530 – 142nd St. W . was completed early in 2017.
Valley Oaks Dental
Dr. Wichmann relocated his dental practice from 147th and Glazier Ave to a new building on the
southeast corner of Granada Drive and 146th Street. Construction of the 4,300-sq. ft. dental
office was completed in 2017. The nice development has prompted improved property
maintenance in the neighborhood.
Cobblestone Lake Medical Center
The City approved the subdivision of an existing 1.97-acre lot at 15875 Emperor Avenue into
two lots and gave authorization to allow for construction of a 10,000-sq. ft. medical office
building on a 1.45-acre lot. Late in 2017, tenants started to occupy the space.
Ryan Real Estate Redevelopment
In 2017, the Planning Commission conducted a public hearing and reviewed plans for a proposed
9,000 sq. ft. Portillo’s restaurant with two drive-thru lanes on the southeast corner of Cedar Ave
and 147th Street W. One of the significant issues identified was potential degradation of area
intersections as a result of expected increased traffic levels. The City Engineer designed a traffic
solution that will address the expected impacts. Portillo’s withdrew its application deciding that the
site was not suitable for them. Road improvements continue to be planned.
Paul’s 76 Redevelopment Project
A redevelopment proposal was submitted and approved in 2015 that included the removal of the
existing motor fuel/car wash/convenience store operation and construction of a new multi-tenant
retail building on the .92-acre site located at 7525 147th Street West. In late 2016, a revised plan
was submitted that included drive-through window service for a proposed coffee shop. The
revised plans were approved in early 2017, and construction of a new 4,794 sq. ft. building was
completed in the fall of 2017. This is a good example of the complexity and time required for
small lot redevelopment.
Industrial Projects
Uponor Expansion
The final approvals for Uponor’s expansion were approved in early 2017, allowing the company
to break ground on a 58,000 sq. ft. expansion along Energy Way. Construction of a turn lane
and the final occupancy of the building will occur in early 2018.
Wasatch Storage
Approval of a preliminary plat and site plan/building permit authorization was granted for an 804
unit self-storage facility at the north east corner of Johnny Cake Ridge Road and 147 th St. The
final plat and developer’s agreement are expected to be reviewed by City Council in early 2018,
with the groundbreaking to follow in late spring.
Residential Projects
Embry Place Third Addition
Approval was granted for the 34-lot final phase of the Embry Place single-family residential
development located in the southeast corner of Pilot Knob Road and County Road 42.
Legends at Apple Valley (Formerly Valley Bluffs Senior)
Construction began in 2017 of the 163-unit affordable senior apartment building located at
14050 Granite Ave on the southwest corner of Cedar Ave and 140th St. W. Unit leasing and
project completion is expected in early 2018. Marketing emphasis is occurring in Apple Valley.
Orchard Path at Cobblestone Lake
After receiving approval in 2016, Presbyterian Homes broke ground in the fall of that year on a
195-unit continuum of care facility on a 12-acre lot located at the corner of 157th Street West
and Cobblestone Lake Parkway. Construction proceeded throughout 2017. The development
is expected to be open in early 2018.
Remington Cove Apartments-Phase Two
Late last year saw the completion of the second three-story apartment building on 2.66 acres
located at the southeast corner of Founders Lane and Galaxie Avenue. Leasing of the new 95
units is currently underway.
Galante Apartments
Construction of the 134-unit market rate Parkside Galante apartments adjacent to Galaxie
Avenue began in 2017. Leasing is expected to begin during the summer of 2018.
Delegard Apple Villa Apartments
Construction began in the fall of 2017 of the Apple Villa Apartment addition site on the southeast
corner of Whitney Drive and Pennock Lane. The project will add 28 new units to the current 48-
unit complex. In conjunction with the project, the owners updated the existing buildings to
match the new construction and agreed to make significant storm sewer improvements to the
site, which currently drains directly into Keller Lake.
Bigos Kelley Park Phase 3
Bigos moved forward with Phase 3 of the apartment development project on the two parcels
south of Kelley Park flanking Fresco Terrace. The 2017 approved project includes a 4-story,
61-unit building on Block 9 west of Fresco Terrace and a 3- and 4-story, 114-unit building east
of Fresco Terrace. Block 10 will have an outdoor pool, patio and barbeque area that will be
shared with both buildings. Both buildings will have rooftop decks that will be able to enjoy the
view of Kelley Park. Final plat and development agreement are expected to be completed in
early 2018 to allow for construction to begin on Block 10 in 2018.
Variance, Interim Use Permits
The number of variances and interim use permits reviewed in 2017, is consistent with other
years. Many of the applications accentuate the City’s goal to be a “Community for a Lifetime”
and offer “universal design” features. Most of the variances approved in 2017 allowed
homeowners to further invest in their properties by adding bedrooms, kitchens, and other
expansions. An Interim Use Permit allowed a family to continue living in their home by
constructing a driveway needed for medical care access.
Institutional Projects
ISD 196 Improvement Projects
In 2015, voters approved a bond referendum to improve the safety and security of Independent
School District (ISD) 196 buildings throughout the District. The projects modified all of the school
entrances to better control and identify all visitors, and improved site safety by modifying student
drop-off/pick-up areas for buses and parents. During the 2017 review of the projects, City staff
discovered that many of the ISD 196 properties had never been platted. As a result, in 2017, the
Planning Commission and City Council reviewed either Site Plan/Building Permits or Final Plats or
both for Valley Middle School/Southview Elementary, Highland Elementary/Scott Highlands
Middle School, Cedar Park Elementary, Diamond Path Elementary, Apple Valley High School and
Greenleaf Elementary. Secure entryway projects were considered minor improvements and
proceeded straight to building permit for the balance of the ISD 196 schools in the City.
Christ Church Monopole
An 87-foot tall wireless communication monopole was approved on the Christ Church property
at 12929 Johnny Cake Ridge Road in 2016. The building permit was issued in the summer of
2017 and the infrastructure is currently under construction.
Zoning Code Amendments
Planned Development No 679
In 2017, the City Council passed amendments to the planned development ordinance to allow
for alcohol sales in conjunction with a restaurant, which will provide Apple Valley’s AMC Classic
Movie Theater the ability to compete with surrounding theaters by offering food and liquor sales
to it patrons.
Other
2040 Comprehensive Plan Update
Staff continues to work on the 2040 Comprehensive Plan Update, which will need to be
completed by December 31, 2018. Consultants were hired to assist with the preparation of
documents. In late 2017, the Planning Commission began review of the draft chapters of the
plan and is expected to complete the review of all the chapters by end of April, 2018. A public
hearing at the City Council will be held in May and staff will distribute a draft copy of the Plan to
the Met Council and neighboring jurisdictions in June with a goal to have an approved Plan
published by the end of the year. There were three special meetings held:
March 30, 2017
November 15, 2017
November 29, 2017
Sketch Plan Reviews Held
Hope Church/PPL Sketch Plan – Consider Sketch plan review of proposed comprehensive plan
amendment from “INS” (Institutional) to “HD” (High density residential, 12+ units/acre), rezoning
from “P” (Institutional) to “M-7” (Multiple family residential, 12 to 20 units/acre), subdivision by
preliminary plat to create two lots and site plan review/building permit authorization of a 50-unit
3-story apartment building located on the southeast corner of 145th Street West and Glazier
Avenue at 7477 145th Street West.
Ryan Real Estate/Launch Properties Redevelopment – Consider Sketch plan review of zoning
amendments and site plan review/building permit authorization of two redevelopment proposals
for the Ryan Real Estate building at 14750 Cedar Ave. Concept 1 includes an 11,500 sq. ft.
multi-tenant retail building with Class I or Class III restaurant with drive-thru. Concept 2 is a
9,000 sq. ft. single occupant restaurant (Class I or Class III) with drive-thru window service.
Cedar Brook Market 12503 Germane Ave Sketch Plan Review – Consider Sketch plan review
for Proposed Comprehensive Plan amendment, rezoning, and preliminary plat for the
subdivision of the Cedar Brook Market site to construct a single family home on the open space
on the southern side of the lot.
I T E M: 4.E.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
Receive Urban Affairs Advisory Committee 2017 Annual Report
S taff Contact:
J oan Murphy, Department A ssistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Receive the Urban Affairs Advisory Committee 2017 Annual Report.
S UM M ARY:
T he C ommunity Development Department is responsible for coordinating the work of the
Urban Affairs Advisory C ommittee. City ordinance requires that a report of the Committee
be provided annually representing the work during the preceding year, 2017.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Report
APPLE VALLEY
Urban Affairs Advisory
Committee
2017 ANNUAL REPORT
Urban Affairs
The role of the Urban Affairs Advisory Committee is to make recommendations to the City
Council on a variety of ad hoc topics, as assigned. In 2017, there were 2 Urban Affairs Advisory
Committee meetings held that consisted of a recommendation to the City Council.
Members of the Apple Valley Urban Affairs Advisory Committee included:
Sharon Schwartz, Chair
Barry Berg, Secretary
Sandy Breuer
Edwin Holmes – accepted resignation 10-26-17
Walton Mahlum
Pamela Sohlberg
John Vegter – appointed 2-9-17
On February 13, 2017, the Committee recommended the following Facts and Findings
regarding Temporary Family Health Care Dwellings.
History:
Facts and Findings:
On July 28, 2016, the Apple Valley City Council considered a State Law regulating Temporary
Family Health Care Dwellings. At that meeting, the City Council voted unanimously to “Opt-out”
of the State Law provisions, but asked the Urban Affairs Advisory Committee to conduct
additional review of the structures and to provide its findings back to the City Council.
The Urban Affairs Advisory Committee met on October 26, 2016, January 11, 2017, and
concluded its work on February 13, 2017, at which time the Committee unanimously
recommended no changes to the Temporary Family Health Care Dwellings ordinance (Ord. No.
1013), with additional facts and findings. The following are the Urban Affairs Advisory
Committee’s findings:
1. Families and individuals sometimes need to find affordable health care for ill, disabled
and elderly family members quickly.
2. Temporary Family Health Care Dwellings were suggested as a temporary, affordable,
and quick-to-deploy alternative to allow families to care for ill, injured and
convalescing loved-ones near the family for a limited period of time.
3. The Urban Affairs Committee reviewed the dwellings in more detail and found that
there are some benefits to the units, but that there are building code, zoning code,
and public safety issues that outweigh the benefits of the units at this time.
4. Allowing families to care for convalescing relatives is beneficial for the community.
5. The City of Apple Valley residents are aging and innovative solutions should continue
to be explored to provide families health care and support options. Expanding the use
of Accessory Dwelling Units would be one tool to enable families to care for family
members.
6. The City of Apple Valley should continue the work that began in 2014 and 2015 to
create a community for a lifetime which became Vitalocity!
7. Vitalocity! found that in addition to housing the following nine elements are needed to
create a community for a lifetime. Seniors need access to:
a. Housing choices and adaptations
b. Transportation choices including transit
c. Safe spaces and surroundings
d. Civic participation and employment
e. Communication and information
f. Community support and health services
g. Accessible public outdoor spaces and buildings
h. Respect and social inclusion
i. Social participation
8. The principles that make a community accessible to seniors will also benefit families
and persons with special needs. A Community for a Lifetime is accessible and
welcoming to persons of all ages and abilities.
9. Facilitate education opportunities for seniors which promote home improvements,
health, and community building within the Apple Valley Community. Utilize
connections to existing institutions and promote multi-generational education
opportunities.
Therefore, the Urban Affairs Committee recommended no change to the Temporary
Family Home Health Care Dwelling Opt-out Ordinance, but that the City continue the
work of Vitalocity! to ensure the City of Apple Valley is a vibrant, accessible,
convenient and safe community for persons of all ages and all abilities - a Community
for a Lifetime.
Apple Valley should continue to explore opportunities and programs that allow families to
use and improve their homes to meet their family’s needs. This should include, but not be
limited to, evaluating changes in ordinance and zoning regulations that encourage and
facilitate the use of Accessory Dwelling Units (ADU).
Background:
The committee focused on how families can best care for aging family members, but the
principles apply to any family member requiring assistance with two or more instrumental
activities for daily living. Each meeting had a slightly different focus, which has shaped the
findings.
January 11, 2017 - Staff presented findings on the less tangible installation costs, such as
water, and electric hookup, site grading, and septic pumping. Staff also contacted a number of
assisted living facilities in the Twin Cities to determine a base rental rate for assisted living. The
Committee tasked staff with researching states where temporary family health care dwellings
are permitted, and to find some low cost improvements that would help seniors age in place.
The discussion finished with an overview of accessory dwelling units and their current state in
the City code.
February 13, 2017 - Reviewing other state laws was informative for the committee. The
Committee found that Minnesota has one of the more restrictive laws on the amount of time a
unit may be on a property (one year) however, the MN law left a number of items unaddressed;
the biggest of which was how utilities connect to the unit. Other states required "connection" to
city utilities following all building, electrical, and plumbing codes. Minnesota only required
"access to water and electric utilities" and was not clear on how this access could be made. The
Minnesota law also did not address the septic utility, which is important in a state with a colder
winter. After reviewing the cost of home improvements the committee came to a series of
findings.
After extensive study the Urban Affairs Committee supported the City Council's decision to opt-
out of the state law at this time. They saw the need for temporary health care dwellings, but
found that the state law left too many issues unaddressed. In the future, as the temporary
dwelling technology increases, the units may become more suitable for the community. At this
time, increasing the use of accessory dwelling units (ADU) and aging in-place improvement
strategies may be a better option for the City to study by applying them to more residential
applications and zones.
The Committee further recommends Reevaluation of temporary family health care dwellings in
the future as the technology matures and potentially gains acceptance in other Minnesota
municipalities.
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A ppointing Commissioner to B lack Dog Watershed Management Organization
S taff Contact:
J ane Byron, Water Quality Technician
Department / Division:
Natural Resources Division
AC T I O N RE Q UE S T E D:
Adopt the resolution appointing Greg Helms as C ommissioner to the Black D og Watershed
Management Organization.
S UM M ARY:
Apple Valley appoints one commissioner and one alternate commissioner to serve on the
Black Dog Watershed C ommission representing Apple Valley and Eagan. Each term lasts 3
years and expired in the fall of 2017. Greg Helms has applied to return as commissioner. An
alternate commissioner is still sought to replace J ohn Glynn, who is moving out of the Black
Dog Watershed Management Organization bounds.
B AC K G RO UND:
T he Black Dog Watershed Management Organization (BD WMO) was created by a J oint
Powers Agreement among the member cities of Burnsville, A pple Valley, Eagan, Lakeville
and Savage to cooperatively manage watershed resources common to these
communities. T he C ity of Burnsville has the largest land area in the watershed and appoints
three of the five commissioners to the Commission. Apple Valley and Eagan share one
commissioner, and Lakeville and Savage share the remaining commissioner. Each group is
also represented by an alternate commissioner.
T he terms of all five commissioners and three alternate commissioners expired on November
1, 2017. Currently, Apple Valley and Eagan are represented on the Board by Commissioner
Greg Helms and Alternate C ommissioner J ohn Glynn.
A public notice was published by BD WMO to solicit interest in potential C ommissioners
and A lternate C ommissioners to the BD WMO. T he C ity C ouncil received a request from
Greg Helms to be considered for reappointment as a commissioner. J ohn Glynn has indicated
that he will be moving out of the watershed, making him ineligible for reappointment as the
alternate commissioner; he will continue to serve until a replacement is found. An additional
public notice has been published by the C ity seeking an Alternate C ommissioner. Staff are
currently reaching out to other community members to solicit candidates.
T he BD WMO J oint Powers A greement states that the C ity Councils of Apple Valley and
Eagan can either appoint a delegate from each C ity to meet and select the representative
Commissioner and Alternate, or they can vote directly to select them by mutual consent. On
November 1, 2011, the Eagan C ity C ouncil approved delegating authority to the C ity of
Apple Valley for appointing a C ommissioner and Alternate Commissioner to the Black Dog
Watershed Management C ommission as representatives of Apple Valley and Eagan (Group
A A).
B UD G E T I M PAC T:
T he Black Dog Watershed Management Commission approves the budget of the BD WMO
annually. T he BD WMO receives revenue from the contributions of member cities. T he
Apple Valley member contribution, including capital improvement fund contribution,
approved by the Commission for 2018 is $13,498.00.
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 - ___
A RESOLUTION APPOINTING COMMISSIONER TO THE BLACK DOG WATERSHED
MANAGEMENT ORGANIZATION
WHEREAS, the Cities of Apple Valley and Eagan (Group AA) are represented on the
governing Board of the Black Dog Watershed Management Organization by one (1) Commissioner
and one (1) Alternate Commissioner; and
WHEREAS, the terms of all five (5) Commissioners and three (3) Alternate
Commissioners for the Black Dog Watershed Management Organization expired on November
1, 2017; and
WHEREAS, the Attorney for the Black Dog Watershed Management Organization has duly
notified the Board of Water and Soil Resources and published a notice in the local newspaper of the
pending vacancies on the governing Board for the Black Dog Watershed Management Organization;
and
WHEREAS, the Eagan City Council has delegated authority to appoint said Commissioner
to the Apple Valley City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that Greg Helms, is hereby appointed as Commissioner (Group AA) to
the governing Board of the Black Dog Watershed Management Organization.
ADOPTED this 22nd day of March, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela Gackstetter, City Clerk
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution Establishing A dditional L oad Restrictions on City S treets
S taff Contact:
Matt Saam, Public Works Director
Department / Division:
P ublic Works Department
AC T I O N RE Q UE S T E D:
Adopt the resolution establishing additional load restrictions on C ity streets.
S UM M ARY:
Attached for consideration is a resolution revising spring load restrictions for public streets
under the jurisdiction of the C ity of Apple Valley. C ity staff recently reviewed the overall
City street system in relation to structural capacity and data contained within the C ity’s
Pavement Management Program. Fourteen (14) additional roadway corridors were identified
as collector-type roadways of sufficient structural capacity to be shown as a 7-ton roadway
under spring load restrictions. A map of the previously approved and proposed restricted
roadway corridors is attached. Staff will proceed to post signage along the additional
roadways on March 23, 2018, subject to adoption of the attached resolution by the City
Council.
B AC K G RO UND:
Spring load restrictions are often used by cities, townships and counties to help protect roads
during the spring thawing period. Water that collects in the pavement structure over the winter
as frost and ice melts and saturates the road’s base, thus weakening the structural capacity of
the roadway. Roads typically remain in a weakened state until the underlying frost melts and
the water is allowed to drain. Annually, the C ity follows the State of Minnesota timelines for
the beginning/ending of spring load restrictions. T he timeline is typically a 6-8 week period
from March to May.
Minnesota Statutes §169.87 governs the designation of seasonal load restrictions. T his
chapter allows cities to impose restrictions as to the weight of vehicles to be operated upon a
city street, whenever any such street, by reason of deterioration, rain, snow, or other climatic
conditions, will be seriously damaged or destroyed unless the weights of vehicles are
reduced. T he restrictions become effective when signs are erected indicating the restriction at
each end of that portion of any street.
B UD G E T I M PAC T:
T here will be a small cost to purchase additional signage for the added roadways. T he
existing Traffic Sign budget has sufficient funds to cover this cost.
AT TAC HM E NT S :
Map
Resolution
LAKEVILLE
EAGAN
BU RNSVI LLE
RO SEMOUN T
EMPIRE TWP
Path: S:\public-works\private\Traffic\Maps\2018 Spring Load Restrictions.mxd
0 2,500 5,0001,250 Feet
2018 SPRING LOA D RESTRICTIONS I
Date: 3/13/2018
* All residential roads not posted are a limit of 5 tons per axle.* For load limits on County r oads, contact D akota C ounty.
CSAH 38
140th St W
CSAH 46
CSAH 42Garden View DrGalaxie AveJohnny Cake Ridge RdCSAH 31CSAH 33Cedar AveFlagstaff AveMUNICIPAL ROADSCOUNTY ROADS
7 Ton
Proposed 7 Ton
7 Ton
9 Ton
10 Ton
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION ESTABLISHING LOAD RESTRICTIONS ON CITY STREETS
WHEREAS, spring frost conditions within the subgrade of roadways can weaken the structural
capacity of the roadway for heavy vehicular traffic; and
WHEREAS, City staff have reviewed the public street system under the jurisdiction of the City
and identified certain roadway corridors that are susceptible to damage due to the current level of
deterioration and potential for adverse frost conditions; and
WHERAS, the City Council has previously established seasonal load restrictions on certain
roadway corridors pursuant to Minnesota Statutes, §169.87 and City Ordinance Chapter 70.04.; and
WHEREAS, the City Council wishes to establish seasonal load restrictions on additional
roadways.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that:
1. Seasonal load restrictions of seven (7) tons per axle are hereby established along the
following roadway corridor during the spring load restriction period as determined by the
Commissioner of Transportation:
• Palomino Drive/127th Street West from County State Aid Highway 11 to
Galaxie Avenue.
• 140th Street West from County State Aid Highway 38 to Garden View Drive.
• Garden View Drive from Palomino Drive to 140th Street West.
• Hayes Road from County State Aid Highway 42 to 140th Street West.
• 155th Street West/Dodd Boulevard from County State Aid Highway 31 to County
State Aid Highway 33.
• Flagstaff Avenue from 140th Street West to 153rd Street West.
• 153rd Street West from Flagstaff Avenue to Foliage Avenue.
• Foliage Avenue from County State Aid Highway 42 to 153rd Street West.
• 147th Street West from County State Aid Highway 42 to
County State Aid Highway 31.
• 145th Street West from Hayes Road to County State Aid Highway 23.
• Garrett Avenue from County State Aid Highway 42 to 155th Street West.
• 155th Street West from Garrett Avenue to Whitney Drive.
• Whitney Drive from 155th Street West to Pennock Avenue.
• Pennock Avenue from Whitney Drive to 140th Street West.
2. The Public Works Department shall erect and maintain signs plainly indicating the
restriction at each end of said roadway segments.
ADOPTED this 22nd day of March, 2018.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution of Support for Corridors of Commerce P rogram F unding for Northbound
MnPA S S L ane A ddition on Trunk Highway 77
S taff Contact:
Matt Saam, Public Works Director
Department / Division:
P ublic Works Department
AC T I O N RE Q UE S T E D:
Adopt a resolution of support for the Corridors of Commerce Program funding for a
northbound MnPA SS lane addition on Trunk Highway 77 (Cedar Avenue).
S UM M ARY:
T he City C ouncil is being asked to provide a resolution of support for D akota C ounty’s
application to the Corridors of C ommerce Program for the addition of a northbound MnPA SS
lane on Trunk Highway 77 (C edar Avenue) in Apple Valley and Eagan. Earlier this year,
Dakota C ounty submitted a Corridors of C ommerce Program funding application to MnD O T
for the additional lane along C edar Avenue. T he application is part of a competitive process
for funding projects across the state. In order to receive the most points possible and increase
the chance of the project being funded, project applications must receive resolutions of
support from all governments touched by the proposed project. T he support resolutions are
due to MnD O T by April 16, 2018.
B AC K G RO UND:
T he C orridors of C ommerce Program provides funding for the improvement of trunk
highways for projects not already in the State Transportation Improvement Program. T he
Program has the primary goals of:
providing additional highway capacity on segments where there are currently
bottlenecks; and
to improve the movement of freight and reduce barriers to commerce.
MnD O T is currently in the process of awarding $400 million in State Corridors of
Commerce Program (Program) funding. It is anticipated that projects awarded with funding
will be announced in late April 2018.
B UD G E T I M PAC T:
None at this time.
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION OF SUPPORT FOR THE CORRIDORS OF COMMERCE PROGRAM
FUNDING OF THE TRUNK HIGHWAY 77 NORTHBOUND MNPASS LANE ADDITION
PROJECT
WHEREAS, to promote a safe and efficient transportation system the City pursues
transportation funding through external sources to address priority transportation needs; and
WHEREAS, the Minnesota Department of Transportation (MnDOT) received
recommendations for projects to be funded with $400 million of State Corridors of Commerce
Program (Program) funding through February 5, 2018; and
WHERAS, the Program provides funding for the construction, reconstruction and
improvement of trunk highways for projects not already in the State Transportation Improvement
Program; and
WHEREAS, all submitted projects that meet eligibility criteria will be scored by MnDOT
using legislatively mandated criteria; and
WHEREAS, MnDOT has requested resolutions from all cities and counties that will be
touched by the submitted projects by April 16, 2018, to provide points in the “Community Consensus”
criterion; and
WHEREAS, MnDOT is also seeking resolutions from chambers of commerce for scoring this
criterion; and
WHEREAS, projects were submitted for Program funding by Dakota County, including:
Trunk Highway 77 northbound MnPASS lane addition in Apple Valley and Eagan; and
WHEREAS, Dakota County is seeking resolutions from cities, townships, and chambers for
these projects in accordance with the MnDOT request letter; and
WHEREAS, there is no commitment to any City funding for the project at this time, but may
be a consideration for the Council at a later date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that a resolution of support is hereby provided for Corridors of Commerce
Program funding for the Trunk Highway 77 northbound MnPASS lane addition project.
ADOPTED this 22nd day of March, 2018.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A pprove P ark Name for P roperty in Cortland Development and Direct I nstallation of I nterpretive
S ign
S taff Contact:
B arry B ernstein, Director of P arks & Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve "Embry Path Park" as the name for the park property located in the Cortland
neighborhood and direct staff to develop and install an interpretive sign within the park to
memorialize the previous property owners and their community history.
S UM M ARY:
T he public park property within C ortland Development has been accepted and Staff is
seeking C ity Council selection of an official park name. T he working name has been
Cortland Neighborhood Park or C ortland Park. By unanimous vote, the Parks and Recreation
Advisory C ommittee has recommended C ity Council approval of the name "Kohls Farm
Park" and to include an interpretive sign that highlights the history of the Kohls Farm
property.
B AC K G RO UND:
T he park property within C ortland Development is a five-acre parcel that includes a
playground, hard court surface, trails and landscaping, located south of C ounty Road 42
along Embry Path, completed summer 2017.
T he naming of the park after the Kohls family was brought to the attention of the Parks and
Recreation Advisory C ommittee in 2012. Alan Kohls came before the C ommittee on
November 1, 2012, to propose this development park area be named after his family who
previously owned and farmed this property. At that time, the Parks and Recreation Advisory
Committee felt it was premature to recommend a park name and decided to wait until the
park development began.
In D ecember 2016, Mr. Kohls and I discussed the possibility of not naming the park after his
family, but installing an informational kiosk telling his family history that would be displayed
at the park. Mr. Kohls felt this was a very nice option.
J anuary 5, 2017, Mr. Kohls presented the concept of naming the C ortland Development area
parkland once again after his family, to the Parks and Recreation Advisory C ommittee. T he
Committee by vote of 7-0 approved a motion recommending Cortland Development park be
named “Kohls Farm Park” and include signage that gives the history of the property. Also,
recommending a sub-committee, including Parks & Recreation staff, determine final verbiage
of the interpretive sign.
T he recommendation was taken to an informal C ity C ouncil meeting in April. C ouncil
directed staff to gather additional naming input by surveying the park neighbors.
J une 19, 2017, a letter was sent to the park neighbors requesting feedback on a potential park
name. T he letter provided a selection of naming options – C ortland Park, Kohl’s Park,
Kohl’s Farm Park, and Other. Results of the survey provided no clear frontrunner. With only
eleven neighborhood residents responses, five voted for C ortland Park, three voted for Kohl’s
Park, and three voted Other.
Without a strong favorite, staff suggested an alternative solution may be to name the park
after the street location, Emby Path Park, and an interpretive sign be placed in the park to
memorialize the previous property owners and their community history.
On J anuary 4, 2018, the Parks and Recreation Advisory C ommittee again reviewed the park
naming issue. By unanimous vote they recommended the City C ouncil approve the name
"Kohls Farm Park" for the property formerly referred to as Cortland Neighborhood Park.
On February 8, 2018, the C ity C ouncil discussed the park naming topic at their informal City
Council meeting. A number of possible names were discussed, but again, no clear favorite
emerged. At this time, staff is recommending that the park be officially named "Embry Path
Park" and that an interpretive sign be placed in the park to memorialize the previous property
owners and their community history. T his approach successfully identifies the location of the
park between the two adjacent neighborhoods which are jointly served by Embry Path. It
also pay homage to the Kohl's family by including a suitable historical representation of their
contribution to the community during its early years. It is recommended that family members
Alan and Ron Kohls be asked to contribute historical information that can be used to help
develop a suitable historical interpretive sign for placement in the park.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Background Material
City of Apple Valley
Parks and Recreation Advisory Committee
Park Naming Policy
adopted September 2, 2010
1. Parks may be named for the deceased after one year has elapsed from the
time of death. The deceased may include local or national heroes and
national, state, or local officials.
2. Parks may be named for streets, neighborhoods, historical events and
characters, trees, flowers, places, mythological and descriptive names.
These names should be indigenous to Apple Valley.
3. Parks should not be named for civic organizations in order to avoid
community conflicts.
4. Park or facility names should not be changed without good cause. They
should be named carefully and with permanent intent.
5. The criteria should be reviewed from time to time, and if necessary,
periodically revised to offer the naming committee a practical, up-to-date
and helpful tool through which practical decisions may be reached and by
which difficult situations may be amicably reconciled.
S:ParkAdmn:ParkNaming.doc
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A pprove Reduction of Natural Resources Management P ermit F inancial Guarantee
S taff Contact:
J essica Schaum, Natural Resources Coordinator
Department / Division:
Natural Resources Division
AC T I O N RE Q UE S T E D:
Approve the reduction of Natural Resources Management Permit financial guarantee to
Youngfield Homes, Inc., in the amount of $10,000.
S UM M ARY:
T he following projects have been inspected and are compliant according to City
requirements:
1. Hunter Forrest
Letter of Credit No. 1106562
Amount $20,000.00
Reduce now to $10,000.00
B AC K G RO UND:
T he C ity retains Natural Resources Management Permit (N RMP) financial securities to
ensure the protection of natural resources during land disturbing activities.
B UD G E T I M PAC T:
N/A
I T E M: 4.K.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A pproving P lans and Specifications for P roject 2018-103, 2018 Micro
S urfacing, and A uthorizing A dvertising for Receipt of B ids at 10:00 a.m. on A pril 24, 2018
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Adopt the resolution approving plans and specifications and directing receipt of bids at 10:00
a.m. on Tuesday, April 24, 2018, for Project 2018-103, 2018 Micro Surfacing.
S UM M ARY:
T he C ity of Apple Valley’s 2018 C apital Improvement Plan (C IP) identifies $446,500 for
street preservation in the form of micro surfacing. Attached for consideration is a resolution
approving plans and specifications and setting the date for receipt of bids for Project 2018-
103, 2018 Micro Surfacing.
T he work consists of applying a thin wear-resistant layer of oil and rock mixture that helps
prevent pavement oxidation and seepage of moisture into the pavement surface. T he
locations of the proposed improvements are identified on the attached map (Figure:1). It is
anticipated that approximately 74,111 square yards of street will be micro surfaced including
portions of the following neighborhoods and streets.
Hyland Pointe Shores 1st and 2nd Addition
Apple Ponds 1st, 2nd, 3rd, and 4th Addition
131st Circle cul-de-sac bulb
Galleria Place cul-de-sac bulb
Grand Oak C ourt cul-de-sac bulb
Gaslight Drive from 157th Street West to 155th Street West
Garrett Drive from 157th Street West to end of cul-de-sac
Garden View Drive from Walnut Lane to Palomino Drive
Should City C ouncil authorize the attached resolution, bids would be received Tuesday,
April 24, 2018, with award anticipated on May 10, 2018. Plans and specifications are
available for viewing in the office of the City C lerk.
B AC K G RO UND:
City C ouncil adopted Resolution No. 2017-149 on October 12, 2017, directing preparation
of plans and specifications for Project 2018-103, 2018 Micro Surfacing.
B UD G E T I M PAC T:
An engineer’s estimate for the project has been developed based on the final design.
Following is a summary of anticipated project costs and funding sources.
Estimated Project Costs:
C onstruction Cost $396,500
C onstruction Contingency 20,000
Engineering Design 15,000
Inspection 15,000
Total Estimated C ost $446,500
Estimated Project Funding:
Municipal State Aid $446,500
Total Estimated Funding $446,500
AT TAC HM E NT S :
Map
Resolution
Exhibit
2..
160th Street
150th Street
140th Street
McAndrews Road
Pilot Knob RoadFlagstaff AvenueCedar AvenueGarden View Drive2018 Micro Surface Improvements Figure 1
City of Apple Valley
2018 Capital Improvement Program Areas
FEETSCALE
0 30001500
HORZ.
N
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND DIRECTING RECEIPT OF SEALED BIDS FOR
PROJECT 2018-103, 2018 MICRO SURFACING
WHEREAS, the Apple Valley City Council has reviewed plans and specifications for
Project 2018-103, 2018 Micro Surfacing; and
WHEREAS, the City Council believes that the interests of the City would be best served
by receiving sealed bids based on said plans and specifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
1. Such plans and specifications for Project 2018-103, 2018 Micro Surfacing, a
copy of which is on file in the office of the City Clerk and made a part hereof,
are hereby approved.
2. The City Clerk is hereby authorized to receive sealed bids for Project 2018-103,
2018 Micro Surfacing at the time and place specified in the form of notice
attached hereto as Exhibit A.
3. The City Clerk is further authorized and directed to cause an advertisement for
said bids to be posted on the City’s website and on the online Quest Construction
Data Network, not less than ten (10) days prior to the opening of said bids.
ADOPTED this 22nd day of March, 2018
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
EXHIBIT A
ADVERTISEMENT FOR BIDS
CITY OF APPLE VALLEY | 2018-103 00 11 13 - 1
SECTION 00 11 13
ADVERTISEMENT FOR BIDS
Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center
7100 147th Street West, until 10:00 a.m., CST, Tuesday, April 24, 2018, at which time they will be
publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the
following:
City Project 2018-103, 2018 MICRO SURFACING
Pavement Marking Removal
Micro Surfacing
Pavement Markings (Latex)
11,678 LF
74,111 SY
26,000 LF
With related items
Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting
www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2590 for
questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk,
7100 147th Street West, Apple Valley, MN.
Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490.
Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in
accordance with the Instructions to Bidders.
The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed
60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of
60 days after the date and time set for the Opening of Bids.
The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein,
and further reserves the right to award the Contract to the best interests of the Owner.
A full and complete copy of all solicitations of bids is disseminated on the City’s website at
www.cityofapplevalley.org.
Pamela J. Gackstetter, City Clerk
City of Apple Valley, Minnesota
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A pproving P lans and Specifications for P roject 2016-138, Signal Modification
at 140th Street and Galaxie Avenue, and Authorizing Advertising for Receipt of Bids at 10:00 a.m.
on April 24, 2018
S taff Contact:
B randon A nderson, City Engineer
Department / Division:
E ngineering Division
AC T I O N RE Q UE S T E D:
Adopt the resolution approving plans and specifications and directing receipt of bids at 10:00
a.m. on Tuesday, April 24, 2018, for Project 2016-138, Signal Modification at 140th Street
and Galaxie Avenue.
S UM M ARY:
T he C ity of Apple Valley 2017 C apital Improvement Program identified modifications to the
signal system, pedestrian ramps and additional designated right turn lanes EB and WB on
140th Street associated with the Galaxie Avenue and 140th Street West intersection.
It is proposed that the in-place signal system at this intersection be revised to accommodate
right turn lane construction along both approaches of 140th Street West, sidewalk and
pedestrian curb ramp work (A D A upgrades) on all four corners of the intersection, as well as
a proposed change in the operation of the signal system (flashing yellow arrow modification
for each intersection approach).
As part of the overall project, sidewalks and pedestrian curb ramps will be upgraded to be
A D A compliant on all four corners of the intersection. In addition, 300 foot right turn lanes
will be constructed for both eastbound and westbound 140th Street (with a retaining wall also
being constructed along the northeast corner behind the reconstructed bituminous trail due to
grade issues). No other changes to the geometrics or striping on either roadway are proposed
to be completed as part of this project (except for geometrics around the radius of each
corner of the intersection). Staff is working with residents adjacent to the northeast corner of
the intersection to modify existing drainage and utility easements in order to accommodate
changes to grading the trail relocation. Staff will bring these easements forward to the City
Council for approval at the time of bid award.
All four approaches are currently striped to have separate left turn lanes, a separate through
lane, and a shared through/right turn lane. All legs of the intersection have bituminous trails
extending away from the intersection, except on the southwest quadrant (to the west along
140th Street) where no trail or sidewalk is present. T he posted speed limit of each roadway
is 45 mph.
T he existing signal system is already fully LED (without countdown timer pedestrian
indications) and has Emergency Vehicle Preemption (EVP). T hese system elements will be
maintained as part of this project. Pedestrian signal lenses will be upgraded to have
countdown timer indications with the existing housings and visors being reused. A PS
(audible) pedestrian push buttons will also be installed as part of the project. Interconnection
with other signals does not exist in any direction but will be constructed at the intersection
(connecting into existing Dakota C ounty facilities at this intersection) as part of the project
based on Dakota C ounty recommendations.
Also as part of this project, phasing of the signal system will be revised for each approach
from protected left turns to flashing yellow arrow operation (flash by time of day). T he
existing controller cabinet will be replaced on the southeast corner of the intersection as part
of this project to accommodate both flashing yellow arrow and A PS operation.
T he C ity installed the existing signal system at this intersection several years ago. Minor
modifications have occurred on several occasions since the initial signal installation.
Approach traffic counts were last taken at this intersection by Short Elliott Hendrickson Inc.
on behalf of the C ity on April 13-15, 2016. Based on these traffic counts, Minnesota Manual
on Uniform Traffic C ontrol Devices (MnMUT C D) Signal Warrants 1, 2, and 3 are fully met.
B AC K G RO UND:
Resolution No. 2016-46 was adopted by City C ouncil on March 24, 2016 for Directing
Preparation of plans and specifications for Project 2016-138, 2016 Galaxie Avenue and
140th Traffic Signal Improvements.
Change Order No. 2 was approved by City Council on A ugust 3, 2016 for Loop
Detector/C onduit installation in the intersection as part of the 2016-105, 2016 Street
Improvements project. In order to efficiently facilitate installing new loop detectors, make
conduit repairs and associated street patching ahead of the 2016 Micro Surfacing project on
140th Street, the required signal work was included as part of the existing contract with
McNamara Contracting, Inc., for Project 2016-105, 2016 Street Improvements.
Resolution No. 2017-116 was adopted by C ity C ouncil on J uly 27, 2017 for amending plans
and specifications for Project 2016-138, 2016 Galaxie Avenue and 140th Traffic Signal
Improvements.
T he MnD O T Metro State Aid Office approved the plans on March 6, 2018.
B UD G E T I M PAC T:
An engineer’s estimate for the project has been developed based on the final design.
Significant scope changes have occurred in the design of the overall traffic system. Following
is a summary of anticipated project costs and funding sources.
Estimated Project Costs:
C onstruction Cost $660,800
C onstruction Contingency 66,100
Engineering Design & Inspection 73,100
Total Estimated C ost $800,000
Estimated Project Funding:
Municipal State Aid $800,000
Total Estimated Funding $800,000
AT TAC HM E NT S :
Map
Resolution
Exhibit
PROJECT LOCATION
140th St WGalaxie Ave WGalaxie Ave WDakota County GIS
Project: APPLE 143221
Figure
1140th / Galaxie IntersectionMap by: msteuernagel
Projection:Dakota County Coords
Source: Dakota County GIS, ESRI,
SEH
Print Date: 3/7/2018
Apple Valley, MN
This map is neither a legally recorded map nor a survey map and is not intended to be used as one. This map is a compilation of records, information, and data gathered from various sources listed on this map and is to be used for reference purposes only. SEH does not warrant that the Geographic
Information System (GIS) Data used to prepare this map are error free, and SEH does not represent that the GIS Data can be used for navigational, tracking, or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The user of this
map acknowledges that SEH shall not be liable for any damages which arise out of the user's access or use of data provided.Path: S:\AE\A\Apple\143221\5-final-dsgn\51-drawings\90-GIS\Maps\Location.mxdI
0200100
Feet
Construction Limits
Right Turn Lane Addition
Retaining Wall
Sidewalk
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND DIRECTING RECEIPT OF SEALED BIDS FOR
PROJECT 2016-138,
SIGNAL MODIFICATION AT 140TH STREET AND GALAXIE AVENUE
WHEREAS, the Apple Valley City Council has reviewed plans and specifications for
Project 2016-138; and
WHEREAS, the City Council believes that the interests of the City would be best served
by receiving sealed bids based on said plans and specifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, as follows:
1. Such plans and specifications for Project 2016-138, Signal Modification at 140th
Street and Galaxie Avenue, a copy of which is on file in the office of the City
Clerk and made a part hereof, are hereby approved.
2. The City Clerk is hereby authorized to receive sealed bids for Project 2016-138,
Signal Modification at 140th Street and Galaxie Avenue at the time and place
specified in the form of notice attached hereto as Exhibit A.
3. The City Clerk is further authorized and directed to cause an advertisement for
said bids to be posted on the City’s website and on the online Quest Construction
Data Network, not less than ten (10) days prior to the opening of said bids.
ADOPTED this 22nd day of March, 2018
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
ADVERTISEMENT FOR BIDS
CITY OF APPLE VALLEY | 2016-138 00 11 13
SECTION 00 11 13
ADVERTISEMENT FOR BIDS
Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center
7100 147th Street West, until 10:00 a.m., CST, Tuesday, April 24, 2018, at which time they will be
publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the
following:
City Project 2016-138, TURN LANES AND SIGNAL REVISIONS AT 140TH ST & GALAXIE AVE
15 EA Clear and Grub Tree
20 LF Remove Storm Sewer
1,300 LF Remove Curb and Gutter
400 SF Remove Concrete Walk or Driveway
320 SY Remove Bit Pavement
45 LF Storm Sewer
3,450 CY Common Excavation
1,300 CY Select Granular Borrow
1,120 TN Cl 5 Aggregate Base
300 TN Bituminous Mixture
1,300 LF Concrete Curb and Gutter
1,520 SF Concrete Walk or Driveway
1 LS Traffic Control Interconnect
1 LS Revise Signal System
0.5 AC Seeding
18 EA 2” Diameter Tree
With related items
Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting
www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2400 for
questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk,
7100 147th Street West, Apple Valley, MN.
Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490.
Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in
accordance with the Instructions to Bidders.
The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed
60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of
60 days after the date and time set for the Opening of Bids.
The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein,
and further reserves the right to award the Contract to the best interests of the Owner.
Pamela J. Gackstetter, City Clerk
City of Apple Valley, Minnesota
EXHIBIT A
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E:March 22, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution Awarding Agreement f or P roject 2018-101, 2018 Street & Utility I mprovements
S taff Contact:
B randon Anderson, City Engineer
Department / Division:
E ngineering D ivision
AC T ION RE Q UE S T E D:
Adopt the resolution awarding agreement to McNamara Contracting, Inc., for Project 2018-101, 2018 Street &
Utility Improvements, in the amount of $3,741,598.00.
S UM M ARY:
On March 6, 2018, four bids were received for the 2018 Street & Utility Improvements project as described
within the attached bid tabulation. Base Bids ranged from $3,723,866.00 to $4,518,796.00. McNamara
C ontracting, Inc. submitted the low bid in the amount of $3,723,866.00. T he low bid was $406,734.00 under
the Engineers estimate of $4,130,600.00.
One alternate bid item was included for an add to the base bid of $17,732.00 and is recommended as part of
the project scope for a contract total amount of $3,741,598.00. T his alternate item is for lining of existing
sanitary sewer under County Road 42 to address maintenance issues encountered during the preliminary design
process and in review of televising reports.
Attached for consideration is a resolution awarding the contract to McNamara Contracting, Inc. for Project
2018-101, 2018 Street & Utility Improvements project in the amount of $3,741,598.00. Should City C ouncil
award the contract, it is anticipated work will begin the first week of April and is anticipated to be substantially
complete by October 2018.
A standard C ity agreement will be utilized for this project.
BACK G RO UND:
C ity Council adopted Resolution Number 2017-134 on September 14, 2017, directing the preparation of plans
and specifications for Project 2018-101, 2018 Street & Utility Improvements.
C ity C ouncil adopted Resolution No. 2018-10 on February 8, 2018, approving plans and specifications and
directing receipt of bids for Project 2018-101, 2018 Street & Utility Improvements.
T he C ity of Apple Valley 2017-2021 C apital Improvement Program identifies potential utility replacement and
street reconstruction work in the following neighborhoods:
Redwood Drive, Circle and C ourt
Keller Lake Drive
Apple Valley 12th Addition (Rome Drive, Rome Court, Lowell Drive and Hopewell Lane)
Scope of work includes total replacement of approx. 6,450 linear feet of sanitary sewer, water main and storm
sewer, future conduit for fiber optic and street and sidewalk reconstruction.
A map of the proposed project area is attached (Figure: 1).
BUDG E T IM PAC T:
Project costs and funding are summarized as follows:
Project costs and funding are summarized as follows:
Estimated Project C osts: Estimated
Costs
Awarded Costs
Construction C ost $ 4,130,600 $ 3,741,598
Engineering, C onstruction Admin. & Contingency 650,670 650,670
Total Estimated Cost $ 4,781,270 $ 4,392,268
Estimated Project Funding:
Water Utility $ 975,000 $ 800,000
Sanitary Sewer Utility 875,000 875,000
Storm Sewer Utility 650,000 650,000
Road Improvement Fund $ 2,281,270 2,067,268
Total Estimated Funding $ 4,781,270 $ 4,392,268
AT TAC HM E NT S:
Map
Resolution
Exhibit
150th Street W (CSAH 42)Redwood DriveRedwood DriveWhitney Drive
Rom
e
Drive
Rome CourtRe
d
w
o
o
d
Cir
c
l
e
Keller
Lake Ro
a
d
City of
Burns
vill
e
Hopewell LaneLowell Drive
Ramsdell Drive
Baldwi
n
D
ri
v
e
BID ALTERNATE
SANITARY SEWER LINING
2018 Street and Utility Reconstruction Figure 1
City of Apple Valley
2018 Capital Improvement Program Areas
FEETSCALE
0 400200
HORZ.
N
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2018-101
2018 STREET & UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for improvements identified as Project
2018-101, bids were received, opened and tabulated according to law and the following bids
were received complying with the advertisement: (Tabulation attached as Exhibit A), and;
WHEREAS, it appears McNamara Contracting, Inc. is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a
contract with McNamara Contracting, Inc., for its base bid and alternate bid item 1 in the amount
of $3,741,598.00 for the completion of Project 2018-101 according to the plans and
specifications heretofore approved by the Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the deposits
made with their bids, except that the deposits of the successful bidder and the next lowest bidder
shall be retained until a contract has been signed.
ADOPTED this 22nd day of March, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
EXHIBIT A
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:C onsent A genda
Description:
Adopt Resolution Awarding Agreement for P roject 2018-105, 2018 S treet I mprovements
Staff C ontact:
Brandon A nderson, City Engineer
Department / D ivision:
E ngineering Division
AC T ION RE Q UE S T E D:
Adopt the resolution awarding agreement to McNamara Contracting, Inc., for Project 2018-105, 2018 Street
Improvements, in the amount of $1,127,831.37.
S UM M ARY:
On March 6, 2018, three bids were received for the 2018 Street Improvements project as described within the
attached bid tabulation. McNamara Contracting, Inc. submitted the low bid in the amount of $1,127,831.37.
Base Bids ranged from $1,127,831.37 to $1,485,313.67. T he low bid was $322,168.60 under the Engineers
estimate of $1,450,000.
Attached for consideration is a resolution awarding the contract to McNamara Contracting, Inc. for Project
2018-105, 2018 Street Improvements project in the amount of $1,127,831.37. Should C ity C ouncil award the
contract, it is anticipated work will begin the first part of April. Work on the project will be substantially
complete by October 2018.
A standard C ity agreement will be utilized for this project.
B AC KG ROUND:
City C ouncil adopted Resolution Number 2017-151 on October 12, 2017, directing the preparation of plans
and specifications for Project 2018-101, 2018 Street Improvements
City C ouncil adopted Resolution No. 2018-11 on February 8, 2018, approving plans and specifications and
directing receipt of bids for Project 2018-105, 2018 Street Improvements.
T he C ity of Apple Valley 2018 Capital Improvement Program identifies potential street reconstruction and
maintenance work. T he scope of the project consists of the following:
Bituminous Mill and Overlay with Selective Curb Replacement of Local Streets
Grandview Terrace
148th & 149th Street W.
Everest Avenue
Annual Ring Route C oncrete Sidewalk Repairs and Utility Street Patching
133rd & 134th Street C ourt Street Reconstruction and Sanitary Sewer Lining
Kelley Park Accessible Parking Stalls
Water Main Break Street Patching
Uponor Annex Right Turn Lane Construction (2016-173) and Sidewalk
152nd Street W. and Embry Path Curb Bump-Out
Lift 10 Driveway Replacement
Palomino Water Tower Driveway Replacement
Foliage Avenue Trail Resurfacing
A map of the proposed project area is attached (Figure: 1).
B UD G E T I M PAC T:
Project costs and funding are summarized as follows:
Estimated Project Costs: Estimated
C osts
Awarded Costs
Construction Cost $1,450,000.00 $1,127,831.37
Engineering, Construction Admin. & C ontingency 362,500.00 362,500.00
Total Estimated Cost $1,812,500.00 $1,490,331.37
Estimated Project Funding:
Water Utility $ 90,000.00 $ 90,000.00
Sanitary Sewer Utility 85,000.00 85,000.00
Storm Sewer Utility 15,000.00 15,000.00
Special Assessment (2016-173)65,821.00 65,821.00
Road Improvement Fund 1,556,679.00 1,234,510.37
Total Estimated Funding $1,812,500.00 $1,490,331.37
AT TAC HM E NT S :
Map
Resolution
Exhibit
2..
160th Street
150th Street
140th Street
McAndrews Road
Pilot Knob RoadFlagstaff AvenueCedar AvenueGarden View Drive2018 Street Improvements Figure 1
City of Apple Valley
2018 Capital Improvement Program Areas
FEETSCALE
0 30001500
HORZ.
N
GRANDVIEW MANOR
MILL AND OVERLAY
NORTH STAR INDUSTRIAL
PARK MILL AND OVERLAY
133RD STREET COURT
134TH STREET COURT
RECONSTRUCTION
KELLEY PARK ACCESSIBLE
PARKING STALLS
UPONOR ANNEX RIGHT
TURN LANE AND
SIDEWALK CONSTRUCTION
GLENDA DRIVE ADA PED
RAMP RETROFIT
152ND STREET AND
EMBRY PATH CURB BUMP OUT
LIFT STATION 10
DRIVEWAY REPLACEMENT
PALOMINO WATER
TOWER DRIVEWAY
REPLACEMENT
FOLIAGE AVE TRAIL
OVERLAY
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2018-105
2018 STREET IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for improvements identified as Project
2018-105, bids were received, opened and tabulated according to law and the following bids
were received complying with the advertisement: (Tabulation attached as Exhibit A), and;
WHEREAS, it appears McNamara Contracting, Inc. is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a
contract with McNamara Contracting, Inc., for its base bid in the amount of $1,127,831.37
for the completion of Project 2018-105 according to the plans and specifications heretofore
approved by the Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
ADOPTED this 22nd day of March, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
EXHIBIT A
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution Awarding A greement for E nergy S avings Performance Contract to A meresco,
I nc.
S taff Contact:
Charles Grawe, A ssistant City A dministrator
Department / Division:
Administration / I nformation Technologies
AC T I O N RE Q UE S T E D:
Adopt resolution awarding agreement for Energy Savings Performance Contract to
Ameresco, Inc.
S UM M ARY:
T he City has been working on developing a project scope to address a number of building
energy and capital improvement issues since early 2017 using a tool known as an Energy
Savings Performance C ontract (ESP C ). Following comments received from C ouncil at
several informal meetings, staff proposed a condensed project scope in a memo in February
(see attached). Staff has received no further comments and is proposing to move forward
with the project described in the memo.
B AC K G RO UND:
T he proposed project includes lighting, water conservation, and mechanical insulation in
numerous C ity buildings. It also includes end-of-life boiler replacements in the Municipal
Center, Aquatic C enter, C ommunity C enter, and Water Treatment Plant. A lso included is a
replacement rooftop unit at Fire Station 1 and replacement building control software for the
Municipal Center and Central Maintenance Facility. T he project totals $1,917,828.00.
Attached is a draft agreement between Ameresco and the C ity of Apple Valley that would
provide guaranteed savings from specific energy efficiency and capital improvements to a
number of C ity buildings.
T he C ity A ttorney has reviewed a draft form of the agreement, but the final language will be
dependent on approval of the project scope. Staff recommends the City C ouncil adopt the
resolution awarding the Energy Savings Performance Contract to Ameresco in an amount not
to exceed $1,917,828 contingent upon final review and approval of the agreement by the City
Attorney and C ity Administrator.
B UD G E T I M PAC T:
T he funding for this project is proposed to come from the Future Capital Projects Fund and
applying the $95,000 that was included in the 2018 Property Tax Levy for debt service on
energy project if it were to have been financed.
AT TAC HM E NT S :
Memo
Resolution
Agreement
1
City of
MEMO
Administration
TO: Mayor and City Council
FROM: Charles Grawe, Assistant City Administrator
DATE: February 7, 2018
SUBJECT: 2017-2018 Ameresco Proposed Project Scope Revision
Introduction
In August 2017, the City Council entered into a Project Development Agreement with Ameresco
to explore options for a project using an Energy Savings Performance Contract (ESPC) to
address a number of the City’s capital needs. An ESPC is a funding mechanism approved by the
Minnesota State Legislature that allows governments to leverage cost savings from energy
efficiency improvements to pay for those improvements and other capital needs.
When Ameresco presented the concept of the Project Development Agreement, they estimated
the project size would be between $3.8 and $4.7 million. In December, staff presented three
options for projects ranging from $1.988 to $6.877 million in value. Final costs associated with
the Sports Arena rink project and the Johnny Cake field lighting account for most of the
difference in the maximum project amount considered. Since the December Council meeting,
Independent School District 196 has indicated, that as half owner, it would prefer to utilize the
public bid process for the Sports Arena project, rather than using an ESPC provider.
Revised Project Scope
In response to this and other concerns, staff and Ameresco are presenting a revised project that
consists only of lighting and boiler replacements, building controls, mechanical insulation, and a
rooftop unit (RTU) replacement. The Sports Arena rink and lighting, Johnny Cake field lighting,
and Hayes Arena roof have been removed. The new proposed project cost is $1,917,828.
The Council requested that the proposed projects be separated between those with fast energy-
use payback (under 20 years) and those that are end-of-life capital replacement projects.
Energy Payback < 20 Years Amount End-of-Life Amount
Building LED Lighting $637,237 Municipal Center Boilers $320,870
Hayes Arena Lighting $45,261 Aquatic Center Boiler $338,214
Cedar Street Lighting $135,827 Community Center Boilers $182,254
Water Conservation $19,574 Water Treatment Boiler $55,088
Mechanical Insulation $56,163 Fire Station Roof Top Unit $22,406
Audit and Initial Design $35,000 MC HVAC Control Software $69,934
Subtotal by Project Type $929,062 $988,766
Grand Total Both Types: $1,917,828
2
It is also important to note that many of the end-of-life projects will also contribute significant
energy savings, but are justified by the equipment being end-of-life and requiring replacement.
Please see Appendix B for detailed information on each project.
Cost-Benefit of Using Ameresco ESPC Versus Traditional Bid Project Arrangement
The Ameresco ESPC proposal is essentially a design-build arrangement. This differs from more
traditional approaches that utilize a separate designer, bid the project, and use either a
construction management firm or general contractor to manage the work. Please see Appendix
A for a summary of how these approaches differ. As a result, the scope of services and
associated fees proposed by Ameresco are a bit different from the quote or bid process more
commonly used by the City. Below is a brief comparison of the services and costs of each.
Audit
As part of its services, Ameresco conducted an audit of lighting and other areas with
potential energy savings. This task would typically need to be hired out or done by City
staff in a bid-type project arrangement.
Design and Engineering
As a design-builder, Ameresco is responsible for the design and engineering of their
projects. In a bid arrangement, the City would hire an engineering firm to write plans and
specifications. In reviewing a number of other City projects, design fees of 8 to 12
percent of the project cost are very normal.
Contract Development and Administration
As a design-builder, there is one contract with Ameresco. All subs are contractors to
Ameresco. In a construction-management arrangement, the subs would all be direct
contractors with the City. Each would require a separate contract. There is significant
staff and legal time spent preparing and administering contracts. It is not unusual to have
several thousand dollars in direct legal review fees for more complex projects.
Construction Management
As a builder, Ameresco is responsible for managing its subcontractors to ensure the daily
work follows a timeline that is efficient for all of the involved trade subcontractors to
complete their work correctly. This management is generally more involved than can be
managed by City staff, in part because it involves a number of different projects on
numerous sites. Typically, the work is packaged into a general contract or a construction
management firm is used to manage the trade contracts. Either way, there is a cost to the
City to have some form of project management. Construction management fees of 14 to
17 percent of the project cost are very normal.
Commissioning
Commissioning is a process used to test systems to ensure that all the individual
components are working together in concert correctly. It is a common service for the
City to use for mechanical systems. Because Ameresco has to guarantee energy savings,
commissioning is an important service to ensure the equipment will generate the
projected cost savings. Commissioning is often done as a flat fee based on the size of the
system. Examples for commissioning costs for mechanical systems in other city
buildings range between $20,000 and $40,000. The proposed project involves four boiler
3
replacements and three of those involve significant reconfiguration of the system beyond
the boiler itself.
Staff Training
Mechanical systems increasingly have computer user interfaces and making adjustments
is not just a matter of turning dials or flipping switches. Providing City staff with
appropriate training to be knowledgeable in the operations of the systems is very
important. While the City sometimes incorporates training into the contractor’s
agreement, not all contractors have skilled trainers. Ameresco is able to use their staff
that has training backgrounds to ensure that staff receives appropriate training. Training
services are typically between $500 and $1,000.
Guaranteed Project Price – No Change Orders
One of the biggest differences with a Design-Build arrangement is that price of the
project is fixed. The design-builder is responsible for determining both the design and
the construction that will meet the end result that has been promised to the owner. In
more traditional bid arrangements, a separate designer creates the plans and
specifications. A contractor is then selected to do the construction. Whatever omissions,
errors, unforeseen complications, etc. become grounds for the contractor to argue that the
additional work (and thus costs) beyond the scope of the specification are required and a
change order is necessary. As a design-builder, Ameresco does not pass along change
orders because they are responsible for both the creation of the specification and the
construction. Total change orders ranging between five and fifteen percent are not
uncommon on larger projects, with reconstruction or remodeling projects typically with
higher costs due to hidden condition costs.
Guaranteed Energy Savings
Since Ameresco is an ESPC provider, they are required to guarantee their energy savings
and make corrections, if necessary, to achieve the guaranteed energy reductions. Even if
the City chose to finance the project internally, there is benefit to measuring and
verifying the equipment performance a year after completion.
Estimated Cost to Using Traditional Design and Bid Methods
Of the $1,917,828 total, $508,233 is paid to Ameresco for services it provides directly. Using
data from past City projects in a bid arrangement, staff estimated the costs for the same services
under separate contracts. It should be noted that this only projects payments for non-staff
services. Bid projects with multiple contracts typically require more staff time to administer.
Estimated Costs for Services in a Typical Bid Arrangement
Service Component Estimated Cost
Audit and Inventory of 15 City Facilities (estimate based on EECBG project) $5,000
Design (Write Plans and Draw Specifications) (range 8 to 12%) used 9% $126,864
Contract Administration of Multiple Contracts (range $2,300 to $4,400) $2,750
Construction Management and Daily Site Supervision at 15% (Valleywood) $211,439
Commissioning of 3 Boilers at $15,000 each (range $15,000 to $39,500) $45,000
Training of City Staff $750
Anticipated Change Orders (range 5 to 13%) used 8.5% $119,816
Measurement and Verification $6,000
Total Projected Costs $517,618
4
The mock costs show that the total costs proposed by Ameresco are very much in line with
anticipated costs if the City was to separate each of the services into individual contracts.
Another advantage to the ESPC process is that projects can be started very quickly. A bid
process takes considerably longer to prepare specifications, publish and award bids, and prepare
contract documents. This arrangement can ensure that boilers are ready for the 2018 fall heating
season.
Funding
The funding for this project is proposed to come from the Future Capital Projects Fund and
applying the $95,000 that was included in the 2018 Property Tax Levy for debt service on energy
project if it were to have been financed. Based on the current project size and the projected fund
balance transfer of General Fund savings experienced in 2017, funding is adequate in the Future
Capital Projects Fund.
Direction Forward
Staff met with the Council at two informal meetings to discuss the scope and costs of the
proposed project. The project has been scaled back and revised in response to the concerns
raised by the Council. If the Council feels that staff has modified the project to an acceptable
package, then staff would proceed to place this item on the March 8th Regular Agenda for action.
If a Councilmember believes that the proposed project requires additional Council discussion at
the Informal Meeting of March 8th, please notify Tom Lawell no later than March 1st so staff can
prepare the appropriate agenda material.
Staff welcomes further dialogue with the Council to help them understand the proposed projects
and various financing mechanisms.
5
Appendix A: Three Common Approaches for Delivering Capital
Projects
Design-Build
Approach
(i.e., Energy Saving
Performance
Contract)
Construction
Management/ Bidding
Approach
Traditional General
Contractor/ Bidding
Approach
Summary of Approach
City hires one firm to
handle all aspects of
delivering the desired
capital project(s).
City develops project
scope, hires architect/
engineer to design the
project and then hires a
construction manager to
manage multiple sub-
contractors hired
separately by the City to
complete the various
elements of the project.
City develops project
scope, hires architect/
engineer to design the
project and then goes out to
bid to select a general
contractor to complete the
project. The general
contractor then hires
multiple sub-contractors to
complete the various
elements of the project.
What Elements are Included in Each Approach?
Audit to Determine Project
Scope
Included Separate Contract at
Extra Cost
Separate Contract at Extra
Cost
Design and Engineering Included Separate Contract at
Extra Cost
Separate Contract at Extra
Cost
Contract Development and
Administration
Included Included Separate Contract at Extra
Cost
Construction and
Management
Included Included Included
Commissioning
Included Separate Contract at
Extra Cost
Separate Contract at Extra
Cost
Risk of Change Orders
During Construction Phase
None Possible Possible
Energy Savings Guaranteed
Yes No No
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-___
A RESOLUTION AWARDING AN ENERGY SAVINGS PERFORMANCE CONTRACT TO
AMERESCO, INC.
WHEREAS, the City Council of the City of Apple Valley has selected Ameresco, to develop
an Energy Savings Performance Contract to perform certain energy services including energy and
capital improvement measures for the City of Apple Valley, that is consistent with Minnesota
Statutes and beneficial to the City of Apple Valley; and
WHEREAS, this project proposed by Ameresco has been reviewed and recommended by
staff and provides capital and financial benefits to the City of Apple Valley.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, as follows:
1. That Ameresco, Inc. be awarded an energy savings performance contract in an amount not
to exceed $1,917,828.00, subject to review and approval by the City Administrator and
City Attorney, and
2. That the Mayor, City Clerk, and City Administrator are hereby authorized to sign the
appropriate documents related to the contract.
ADOPTED this 22nd day of March, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela Gackstetter, City Clerk
Confidential & Proprietary Information of Ameresco, Inc.
Page 1
ENERGY SERVICES AGREEMENT
BY AND BETWEEN
CITY OF APPLE VALLEY
AND
AMERESCO, INC.
Confidential & Proprietary Information of Ameresco, Inc.
Page 2
TABLE OF CONTENTS
SECTIONS
1 Scope of Services
2 Ownership of ECM(s)
3 Financing and Ability to Pay
4 Contract Cost; Progress Payments
5 Term
6 Savings Guarantee
7 Right of Entry/Space
8 Changes in Services
9 Warranties
10 Customer’s Responsibilities
11 Defaults
12 Remedies for Default
13 Dispute Resolution
14 Insurance and Bonds
15 Indemnification and Limitation of Liability
16 Agreement Interpretation and Venue
17 Privileged and Proprietary Information
18 Severability
19 Assignment and Subcontracting
20 Waiver
21 Force Majeure
22 Contract Documents
23 Notices
24 Records
25 Representations and Warranties
26 Additional Representation and Warranties of Customer
27 Independent Contractor
28 Negligent/Wrongful Acts
29 Further Documents and Events
30 Third Party Beneficiaries
31 Notifications of Governmental Action - Occupational Safety and Health
32 Termination for Convenience
33 References
ATTACHMENTS
ATTACHMENT A PROPERTY DESCRIPTION
ATTACHMENT B SCOPE OF SERVICES
ATTACHMENT C SAVINGS GUARANTEE
ATTACHMENT D(1) DELIVERY AND ACCEPTANCE CERTIFICATE
ATTACHMENT D(2) PERCENT COMPLETE ACKNOWLEDGEMENT
CERTIFICATE
ATTACHMENT D(3) SUBSTANTIAL COMPLETION CERTIFICATE
Confidential & Proprietary Information of Ameresco, Inc.
Page 3
ATTACHMENT E NOTICE TO PROCEED
ATTACHMENT F CHANGE ORDER
ATTACHMENT G MEASUREMENT AND VERIFICATION PLAN;
METHODOLOGY OF CALCULATING SAVINGS
ATTACHMENT H TRAINING
ATTACHMENT I MEASUREMENT AND VERIFICATION FEE SCHEDULE
ATTACHMENT J CUSTOMER’S MAINTENANCE RESPONSIBILITIES;
STANDARDS OF SERVICE AND COMFORT
Confidential & Proprietary Information of Ameresco, Inc.
Page 4
ENERGY SERVICES AGREEMENT
BY AND BETWEEN
CITY OF APPLE VALLEY
AND
AMERESCO, INC.
THIS ENERGY SERVICES AGREEMENT (the “Agreement”) is entered into on ________,
2018, by and between City of Apple Valley having its principal place of business located at 7100 147th
Street West, Apple Valley, MN 55124 (hereinafter referred to as “Customer”) and Ameresco, Inc.,
having its principal place of business at 111 Speen Street, Suite 410, Framingham, MA 01701
(hereinafter referred to as “Ameresco”). The parties to this Agreement shall be collectively referred
to as the “Parties” and individually as a “Party.”
WHEREAS, Customer issued a Request for Proposals submitted on _____________________ (the
“RFP”) seeking proposals from qualified energy service companies to provide performance-based
services for the design and execution of an energy consumption reduction plan including acceptance
of payment for such services via guaranteed cost savings accrued as a result of plan implementation;
WHEREAS, Ameresco has prepared and issued a Proposal to Customer, in response to the RFP;
WHEREAS, Customer wishes Ameresco to perform a project (“Project”) consisting of certain energy
conservation services and installations as set forth on Attachment B (as amended and/or otherwise
modified from time to time as provided herein, the “Scope of Services”) at Customer’s facilities
described in Attachment A (the “Property”), and Ameresco wishes to perform such services; and
WHEREAS, Customer owns and controls the Property.
NOW, THEREFORE, in consideration of the covenants, representations, warranties, and mutual
promises and agreements contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
SECTION 1 Scope of Services
(a) Work: Upon Ameresco’s receipt of a “Notice To Proceed,” substantially in the form
attached to this Agreement as Attachment E, Ameresco shall furnish all labor, materials and equipment
and perform all work (the “Work”) required for the completion of the Scope of Services, including
installation of the energy conservation and facility improvement measures (“ECM(s)”), included in the
Scope of Services, as such Scope of Services may be modified in accordance with the terms of this
Agreement. Customer and Ameresco shall mutually plan the scheduling of the installation of the
ECM(s), so as to minimize disruption of the daily routine of Customer’s personnel.
(b) Disposal: As part of the Scope of Services Ameresco shall (i) be responsible for the disposal of
all non-hazardous equipment and materials which are rendered useless and removed as a result of the
installation of the ECMs and (ii) cause all lamps which are classified as hazardous wastes by the rules
and regulations of the U.S. Environmental Protection Agency (40 CFR Parts 260 through 279) and
PCB-contaminated ballasts, if any, which have been rendered useless and removed as a result of the
installation of the ECMs to be disposed of. All other existing PCB-contaminated ballasts, lamps and
Confidential & Proprietary Information of Ameresco, Inc.
Page 5
any other hazardous materials, however, shall remain the sole responsibility of Customer and Ameresco
shall assume no liability whatsoever in connection with their removal, transportation and disposal.
(c) Asbestos and Lead Paint:
(i) Asbestos: Ameresco’s Scope of Services is predicated on the viability of the Project
without Ameresco’s encountering or disturbing asbestos or being required to perform
any asbestos abatement or taking any other action with respect to asbestos. Customer
hereby represents and warrants to Ameresco that there is no asbestos or other
hazardous material in any area wherein Ameresco shall be performing the Scope of
Services. If: (a) Ameresco encounters any friable asbestos which is in the vicinity of
the Project that is not identified in the Scope of Services, (b) Ameresco determines
that its work will result in the disturbance of asbestos containing material, or (c)
Ameresco determines that the presence of asbestos containing material may impede
Ameresco’s work, Ameresco shall notify Customer of the same and Customer shall:
(x) at its cost, cause the asbestos to be lawfully removed, enclosed, encapsulated or
otherwise abated in accordance with applicable laws, rules and regulations; (y) at its
cost, provide written test reports showing that asbestos in that area has been properly
removed, enclosed encapsulated or otherwise abated in accordance with applicable
laws rules and regulations; or (z) abandon the Project and terminate this Agreement.
If Ameresco cannot determine whether any particular material contains asbestos,
Customer, upon Ameresco’s written request, shall either: (i) at Customer’s cost,
lawfully perform tests or cause tests to be performed in order to determine whether
such material contains asbestos and/or whether there are unacceptable levels of
airborne particulate material containing asbestos and provide such test report to
Ameresco; or (b) abandon the Project and terminate this Agreement. Under no
circumstances shall Ameresco be required to handle asbestos. If Ameresco
encounters asbestos that materially affects the Scope of Services or the Project
schedule, Ameresco, at its option, may demobilize and cease construction in the area
affected by the presence of asbestos until such time as Customer elects and performs
one of the options afforded Customer as described in this Subsection. If Customer
does not promptly take action, as provided herein, or notifies Ameresco that it shall
not take such action, Ameresco may, at its option, either remove the affected area
from its Scope of Services (and make commensurate adjustments to its rights and
obligations) or terminate this Agreement in its entirety. Customer shall be responsible
for payment of the portion of Scope of Services implemented prior to termination.
Customer shall be responsible for any and all costs (including termination) incurred
by Ameresco that relate to the presence of asbestos.
(ii) Lead Paint: Ameresco’s Scope of Services is predicated on the viability of the Project
without Ameresco’s encountering or disturbing lead paint or being required to
perform abatement or providing any notice or taking any other action with respect to
lead paint. Customer hereby represents and warrants to Ameresco that there is no
exposed lead paint in any area in which Ameresco shall be performing the Scope of
Services. If Ameresco encounters lead paint in any area where it is to perform the
Scope of Services, which performance would require disturbing lead paint, and
Ameresco reasonably believes that such paint may be lead paint, Customer, upon
Ameresco’s written request, shall either (a) at Customer’s cost, lawfully perform tests
or cause tests to be performed in order to determine whether such paint contains lead
and shall provide a test report to Ameresco; or (b) abandon the Project and terminate
this Agreement. If such test report demonstrates the presence of lead paint or
Ameresco reasonably believes that performing its services under this Agreement is
Confidential & Proprietary Information of Ameresco, Inc.
Page 6
likely to cause the disturbance of lead paint in such a manner as to require Ameresco
to provide any notification or take any actions pursuant to any federal, state or local
laws, rules, or regulations and Ameresco notifies Customer of the same, Customer
shall: (x) at its cost, cause the lead paint to be lawfully removed, or otherwise abated
in accordance with applicable laws, rules and regulations; or (y) abandon the Project
and terminate this Agreement. Under no circumstances, shall Ameresco be required
to perform services which cause the disturbance of lead paint. If lead paint materially
affects the Project Schedule, Ameresco, at its sole option, may demobilize and cease
construction in the area affected by the presence of lead paint until such time as
Customer has elected and performs one of the options afforded Customer as
described in this Subsection. If Customer does not promptly take action as provided
herein or notifies Ameresco that it shall not take such action, Ameresco may, at its
sole option, either remove the affected area from its Scope of Services (and make
commensurate adjustments to its rights and obligations) or terminate this Agreement
in its entirety. Customer shall be responsible for payment of the portion of Scope of
Services implemented prior to such termination. Customer shall be responsible for
any and all costs (including termination) incurred by Ameresco that relate to the
presence of lead paint.
(d) Compliance With Law: Ameresco shall, at its expense, comply with and obtain all applicable
licenses and permits required by federal, state and local laws in connection with (i) the installation of
the ECMs and (ii) the operation and/or maintenance of the ECMs (to the extent that Ameresco agrees
to perform such operations and/or maintenance services). In the event that Ameresco cannot procure
any such license or permit in light of a requirement that Customer is required to do so, the Parties shall
work jointly to obtain such permit or license.
(e) Taxes: Customer represents that it is a tax exempt entity and that it shall cooperate with
Ameresco and provide Ameresco with appropriate resale exemption documentation so that Ameresco
may attempt to establish that it is not obligated to pay taxes, fees and assessments or other charges of
any character which may be imposed or incurred by any governmental or public authority as an incident
to title to, or operation of the ECM(s) which would otherwise be levied upon or in respect to said
interest component or of the ECM(s). Notwithstanding the foregoing, Customer shall pay (or, if
applicable, reimburse Ameresco for the payment of) all property, sales taxes, use taxes or other fees
and assessments associated with Scope of Services. Customer shall have no liability for taxes measured
by the net income of Ameresco.
(f) Monitoring, Measurement and Verification: To the extent provided for in Attachment G,
Ameresco will supply such ongoing monitoring, measurement and verification services (the “M&V
Services”) during the Term, as such term is defined in Section 5, at a cost to Customer as set forth in
Section 4 and Attachment I.
(g) Duties, Obligations and Responsibilities of Ameresco:
(i) All labor furnished under this Agreement shall be competent to perform the tasks
undertaken, all materials and equipment provided shall be new and of appropriate
quality and the completed work shall comply in all material respects with the
requirements of this Agreement.
(ii) Ameresco shall maintain the Project site in a reasonably clean condition during the
performance of the Scope of Services.
Confidential & Proprietary Information of Ameresco, Inc.
Page 7
(iii) Ameresco shall regularly clean the Project site of all debris, trash and excess material
or equipment generated by Ameresco’s construction work hereunder.
(iv) Ameresco shall permit Customer or any of its representatives to enter upon the
Project site to review or inspect construction work, provided, in each case, Customer
and/or its representatives coordinate such review or inspection with Ameresco and
agree to comply with all applicable federal, state and local safety laws, rules and
regulations, including, without limitation, those promulgated by the U.S. Department
of Labor Occupational Safety & Health Administration.
(v) Ameresco shall provide equipment manuals, as-built drawings and other appropriate
information regarding equipment installed hereunder to Customer at or about the
time of delivery of the Delivery and Acceptance Certificate (as provided in Section 4).
(vi) Ameresco shall provide the training described in Attachment H. Such training is
included in the Contract Cost, as such term is defined in Section 4, unless included as
a separate cost in Attachment I.
SECTION 2 Ownership of ECM(s)
Ownership and title to each ECM or portion thereof, as applicable, shall automatically pass to
Customer upon Ameresco’s receipt of both (i) the executed Substantial Completion Certificate
(Attachment D(3)), or each Percent Complete Acknowledgement Certificate (Attachment D(2)),
(including Customer payment certification) delivered pursuant to Section 4 for such ECM or portion
thereof, and (ii) the indefeasible payment in full of all of Customer’s payment obligations to Ameresco
pursuant to such Substantial Completion Certificate or Percent Complete Acknowledgement
Certificate for such installed ECM or portion thereof. Prior to satisfaction of the conditions set forth
in (i) and (ii) in the previous sentence with respect to an ECM or portion thereof, title to each ECM
or portion thereof shall remain in the name of Ameresco. If, notwithstanding the intent of the Parties,
Customer is deemed to hold title to any or all of the ECMs or portion thereof prior to the satisfaction
of the conditions set forth in (i) and (ii) above, as security for the payment in full of Customer’s
obligations with respect to each such ECM or portion thereof, Customer hereby assigns, transfers and
grants to Ameresco a security interest in such ECMs. Customer hereby authorizes Ameresco to file,
from time to time, Uniform Commercial Code financing statements in such jurisdictions as may be
necessary to perfect and maintain its security interest in such ECMs. If requested by Ameresco,
Customer agrees to execute and deliver all further instruments and documents and take all further
action that may be necessary in order to create, perfect and protect Ameresco’s security interest in the
ECMs and hereby irrevocably appoints Ameresco as Customer’s attorney-in-fact with full power to
sign such instruments and documents. Upon delivery of the Substantial Completion Certificate and
satisfaction of clause (ii) above for each ECM, Ameresco’s interest in the related ECMs shall be released
and terminated, in each case without further action on any Party’s part.
SECTION 3 Financing and Ability to Pay
(a) By its execution of this Agreement, Customer hereby represents and warrants to Ameresco
that Customer has adequate funds for payment of the Contract Cost, and for any portions which
Customer may need to borrow, Customer intends to enter into a separate financing through a bond
issuance, lease purchase, or similar structure (“Financing”) with a third party finance company or
other third party entity.
Confidential & Proprietary Information of Ameresco, Inc.
Page 8
(b) Customer agrees and acknowledges that its obligation to make the payments to Ameresco set
forth in this Agreement are in no way contingent on the effectiveness of the Financing.
SECTION 4 Contract Cost; Monthly Progress Payments
(a) Subject to the terms of this Agreement, Ameresco shall perform the Scope of Services at a
contract cost of ___________________ and 00/100 Dollars ($__________________) (subject to
adjustment as provided in Section 8, the “Contract Cost”).
(b) Upon execution of this Agreement and delivery by Customer to Ameresco of the Notice to
Proceed, substantially in the form attached to this Agreement as Attachment E, Customer shall pay
Ameresco ten percent (10%) of the Contract Cost for mobilization. Thereafter, Ameresco shall submit
invoices to Customer for monthly progress payments to Ameresco based upon the percentage of the
Project construction and equipment procurement completed at the end of each month, so that
Ameresco is paid the percentage of the Contract Cost that is commensurate with the percentage of
completion of the Scope of Services. A Percent Complete Acknowledgement Certificate in the form
attached hereto as Attachment D (2) will be executed by Customer during each month of the
construction period showing the percent complete and monthly payment due. Customer shall make
payment to Ameresco, within thirty (30) days after the submission of each such invoice. Customer
shall not unreasonably withhold, condition or delay the execution and delivery of any Percent Complete
Acknowledgement Certificate.
(c) Upon Substantial Completion of the installation of an ECM, Ameresco will deliver to
Customer a Substantial Completion Certificate in the form of Attachment D (3). Within five (5)
calendar days after receipt of each Substantial Completion Certificate, Customer shall complete,
execute and deliver to Ameresco each such Substantial Completion Certificate. As used in this
Agreement the term “Substantial Completion” shall mean that each subject ECM has been installed
by Ameresco, and, if such ECM is equipment, such equipment is then operating in a manner such that
Customer is deriving beneficial use thereof. A Delivery and Acceptance Certificate, in the form of
Attachment D(1), shall be executed by Customer upon Substantial Completion of the installation of
the final ECM. Customer shall not unreasonably withhold, condition or delay the execution and
delivery of any Substantial Completion Certificate or the Delivery and Acceptance Certificate.
(d) Within thirty (30) calendar days following the first day of each Guarantee Year, as such term
is defined in Section 6, Customer shall pay Ameresco the additional amounts set forth on
Attachment I, Measurement and Verification Fee Schedule, as an annual fee for the M&V Services.
(e) All payments made by Customer under this Agreement shall be made in accordance with the
provisions of any Prompt Payment Act applicable to Customer. All amounts not paid to Ameresco on
or before the due dates specified in Subsections 4(b) and (d), shall accrue interest at the Prime rate of
interest as published in the Wall Street Journal for major banks, or such lower rate as is prescribed by
applicable law.
SECTION 5 Term
This term of this Agreement (the “Term”), shall begin on the date first above written and shall remain
in effect through the “Guarantee Period” as such term is defined in Attachment C, unless terminated
prior to such date, as provided for in this Agreement. At any time after the date of the Delivery and
Acceptance Certificate, Customer may terminate this Agreement upon sixty (60) days prior written
notice to Ameresco, provided that Customer has paid to Ameresco all amounts due as set forth in
Confidential & Proprietary Information of Ameresco, Inc.
Page 9
Section 4 (including, without limitation, pro-rata portions thereof accrued under Subsections 4(b), (d)
and (e), in Attachment I and pursuant to any Change Order). Termination of this Agreement shall
also terminate the Guarantee Period. Anything in this Agreement to the contrary notwithstanding,
Customer shall not be relieved of its obligation to pay Ameresco when due all amounts which accrued
prior to such termination.
SECTION 6 Savings Guarantee
To the extent set forth in Attachment C, and solely in accordance with Attachment C, Ameresco
guarantees that the “Annual Savings” (as defined below) to be achieved as a result of installation and
operation of the ECMs shall equal or exceed the Guaranteed Savings (as defined in Attachment C)
over the “Guarantee Period” (as defined in Attachment C). The first “Guarantee Year “shall be the
consecutive twelve (12) month period beginning with the first day of the month following the date of
Substantial Completion of the ECMs.
For purposes of this Savings Guarantee, the following assumptions and provisions shall apply:
(a) Ameresco guarantees that the Guaranteed Savings will be achieved by operation and beneficial
use of all ECMs taken in the aggregate, but does not guarantee the savings amount achieved by each
ECM individually.
(b) The total savings achieved by the combined ECMs, determined as provided in the M&V Plan,
including any “Agreed Upon Savings” as such term is defined in the M&V Plan, shall be deemed the
total “Annual Savings”. Agreed Upon Savings amounts shall be deemed achieved upon Substantial
Completion of the ECMs. Calculation of the Annual Savings, inclusive of Agreed Upon Savings, shall
be performed under, and governed by, the methods, formulas, and procedures described in the
Measurement and Verification Plan set forth in Attachment G (the “M&V Plan”).
(c) As it relates to the Annual Savings and this Savings Guarantee, the term “Guarantee Year”
shall mean the consecutive twelve (12) month period beginning with the first day of the month
following the date of Substantial Completion of the ECMs, and each similar twelve (12) month period
thereafter.
(d) Ameresco’s obligations in respect of this Savings Guarantee are subject to Customer
performing all of its maintenance, repair, service and other obligations under this Agreement, including,
without limitation, maintenance of the Standards of Service and Comfort set forth in Attachment J, if
any, which may affect achievement of the Guaranteed Savings. If Customer fails to perform its
obligations under this Agreement or interferes with, or permits any third party to take any action which,
in the reasonable opinion of Ameresco, may prevent the achievement of the Guaranteed Savings under
this Agreement, Ameresco may, after providing Customer thirty (30) days advance notice, adjust the
Annual Savings amount during the period in which such savings were affected to reflect the impact
such actions had on same. Ameresco’s rights set forth herein shall not be in limitation of any other
rights it is entitled to by law or under this Agreement. Any disputes regarding achievement of
Guaranteed Savings or any M&V Report delivered pursuant to Attachment G shall be resolved in
accordance with the dispute resolution provisions of Section 13.
SECTION 7 Right of Entry/Space
During the Term of this Agreement, Customer shall provide Ameresco and its employees, agents and
subcontractors access to the Property for the purpose of fulfilling Ameresco’s obligations under this
Confidential & Proprietary Information of Ameresco, Inc.
Page 10
Agreement. Customer shall provide rent free space for the installation and operation of the ECM(s)
and shall protect such items and equipment in the same careful manner that Customer protects the
Property.
SECTION 8 Changes in Services
(a) The Scope of Services may be changed only by agreement of the Parties evidenced by
execution of a “Change Order” substantially in the form attached to this Agreement as
Attachment F, including the quantity, quality, dimensions, type or other characteristics of the
ECMs. During the Term hereof, either Customer or Ameresco may suggest that other energy
efficiency measures and facilities be added to the Scope of Services, in which case the Parties
shall endeavor to agree upon any new ECMs to be installed and may either amend this
Agreement or execute a Change Order for the installation, financing and commissioning of
any such new ECMs. Nothing in this paragraph shall obligate either Party to proceed with
installation of any ECMs which are not part of the original Scope of Services or evidenced by
execution of a Change Order.
(b) Should Ameresco encounter subsurface or latent physical conditions at the site which differ
materially from those indicated in the Scope of Services or from those ordinarily encountered
and generally recognized as inherent in work of the character provided for in this Agreement,
Ameresco shall give written notice to Customer before any such condition is disturbed or
further disturbed. Customer will promptly investigate and, if it is determined that the
conditions materially differ from those which Ameresco should reasonably have been
expected to discover or anticipate, Customer shall either (a) approve such changes in the Scope
of Services as are necessary, with a corresponding adjustment in the Annual Guaranteed
Savings Amount; or (b) abandon the Project and terminate this Agreement, provided that
Customer has paid to Ameresco all amounts due as set forth in Section 4 (including, without
limitation, pro-rata portions thereof accrued under Subsections 4(b), (d), (e) and Attachment I
and pursuant to any Change Order). If such differing conditions cause an increase or decrease
in Ameresco’s cost or time of performance, and the Parties agree upon a change in the Scope
of Services, the Parties shall negotiate an equitable adjustment to Ameresco’s cost and/or time
for performance, as the case may be and a Change Order shall be issued and executed by
Customer to reflect such adjustment(s).
(c) If at any time prior to Substantial Completion of an ECM, Ameresco determines that an ECM
is not commercially viable, Ameresco may, at its option, remove such ECM from the Scope
of Services and from the Property. In such event, Ameresco shall refund to Customer the
portion of the Contract Cost attributable to such ECM and the Annual Guaranteed Savings
Amount will be reduced by an amount equal to the portion of the Annual Guaranteed Savings
Amount attributable to such ECM.
(d) If Ameresco and Customer agree to an adjustment of the Contract Cost and the Project
schedule established for the Scope of Services, such an agreement shall be effective
immediately upon execution of a Change Order.
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SECTION 9 Warranties
Ameresco hereby agrees as follows:
(a) Ameresco warrants that the Work and all materials and equipment to be installed in the Project
shall be free from defects in materials and workmanship arising from normal usage on an ECM by
ECM basis for a period of one (1) year from the date of Substantial Completion of such ECM. Any
manufacturers’ warranties which exceed this one (1) year period shall be assigned to Customer to the
extent allowed by the manufacturer. This section does not apply in any way to the Savings Guarantee.
(b) EXCEPT AS PROVIDED IN THIS SECTION 9, AMERESCO MAKES NO
WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY,
WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS
TO THE VALUE, DESIGN, AND CONDITION OR FITNESS FOR USE OR PARTICULAR
PURPOSE AND MERCHANTABILITY, REGARDING THE WORK, THE ECM(s) OR THE
EQUIPMENT.
SECTION 10 Customer’s Responsibilities
(a) Operations: Customer shall operate all equipment installed hereunder in accordance with the
manufacturer’s recommendations and the manuals supplied to Customer by Ameresco.
(b) Standards of Service and Comfort: Customer shall operate the ECMs and the Property in a
manner that shall provide the Standards of Service and Comfort provided for in Attachment J.
(c) Maintenance: Customer shall, at its expense, repair, operate and maintain the Property in good
working condition during the Term of this Agreement. Customer shall maintain, repair and operated,
at Customer’s expense: (i) all equipment and other components included as part of the ECMs, and (ii)
all other equipment which is attached thereto and/or is integral to the proper functioning of the ECMs.
(d) Malfunctions: Customer shall notify Ameresco immediately in the event of any malfunction
in the operation of the ECM(s) or the equipment installed hereunder.
(e) Protection of ECMs: Except in the case of emergency, Customer shall not remove, move,
alter, turn off or otherwise significantly alter the operation of the equipment installed hereunder or
the operation of the ECMs, or any individual part thereof, without the prior approval of Ameresco,
which approval shall not be unreasonably withheld. After receiving Ameresco’s written approval,
Customer shall proceed as instructed. Customer shall act reasonably to protect the ECMs from
damage or loss, if, due to an emergency; it is not reasonable to notify Ameresco before acting.
Customer agrees to protect and preserve the facility envelope and the operating condition of all
ECMs, mechanical systems, and other energy consuming systems located on the Property.
(f) Monitoring System: Customer shall not move, modify or otherwise alter the energy
management system/building automation system (EMS/BAS), temporary data loggers, or any other
data collection or measurement and verification system (collectively, the “Monitoring System”)
installed as part of the ECM(s) or any component thereof without the written consent of Ameresco
unless such action is in accordance with operating manuals and procedures provided by Ameresco.
(g) Adjustment to Baseline: If, in the reasonable opinion of Ameresco, Customer does not
reasonably operate, maintain, repair or otherwise protect the ECMs and/or maintain the Property in
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good repair and good working condition, then Ameresco may equitably adjust the baseline, as
referenced in Attachment G, for any increased energy usages at the Property.
(h) Changes to Property or Addition of Equipment: Customer shall notify Ameresco in writing
at least thirty (30) days prior to making any changes to the Property that could reasonably be expected
to affect the energy usage on the Property, such as changes in the hours or days or time of year that
the Property is occupied or operated, the number of occupants, the activity conducted, the equipment,
the facilities, the size of the Property etc. Customer shall also notify Ameresco regarding material
increases over time in numbers and usage of “plug in” devices such as computers and printers. If
Ameresco receives such notification or otherwise determines that such a change has occurred, it may
make appropriate revisions to the Attachments to reflect any adjustment to the baseline or the Annual
Guaranteed Savings Amount. Ameresco may also make retroactive adjustments to the baseline or
calculation of Annual Savings if Customer has not provided timely notice and any payments shall be
retroactively reconciled to reflect the changed baseline.
(i) Energy Usage Data: Customer shall make available to Ameresco, on an ongoing basis for the
Term of this Agreement, copies of all energy bills, energy usage data, and any and all other such data
maintained by Customer, including remote access to the Monitoring System or Customer’s network
server for purposes of collecting such data, as may be requested by Ameresco, which are required for
it to perform all of its obligations under this Agreement.
(j) Insurance and Risk of Loss or Damage: Without limiting any of its obligations or liabilities
under this Agreement, Customer shall, at its expense, provide and maintain at all times during the Term
of this Agreement, sufficient insurance against the loss, theft of or damage to the ECM(s), related
equipment, and all equipment installed hereunder, for the full replacement value thereof. Customer’s
Commercial General Liability insurance shall be primary for any property damage or bodily injury
during the performance of the Work.
Upon Substantial Completion of an ECM, Customer assumes all risk of loss of or damage to such
ECM from any cause whatsoever. In the event of loss or damage to any equipment installed hereunder,
Customer shall promptly notify Ameresco and promptly return the same to good repair with the
proceeds of any insurance received to the cost of such repair or demand that Ameresco perform such
repair, in which case Ameresco shall promptly do so for such compensation to which the Parties agree.
If Customer determines that any of the ECM(s) are lost, stolen, confiscated, destroyed or damaged
beyond repair, Customer shall replace the same with like equipment in good repair in a timely fashion
under the circumstances. If at any time after the date of the Delivery and Acceptance Certificate and
after Customer’s complete payment to Ameresco in accordance with Subsection 4(a), as such amount
may be modified from time to time in accordance with this Agreement, any fire, flood, other casualty,
or condemnation renders a majority of the Property incapable of being occupied and renders the ECMs
or the equipment installed hereunder inoperable and, in the case of a casualty, the affected portion of
such ECMs or equipment is not reconstructed or restored within one hundred twenty (120) days from
the date of such casualty, Ameresco and/or Customer may terminate this Agreement by delivery of a
written notice to the other Party. Upon such termination, Owner shall pay Ameresco any amounts, or
pro-rata portions thereof, under Subsections 4(b), (c), (d) and (e), Attachment I and any Change Order,
which accrued prior to such termination. Ameresco may also make appropriate adjustments to the
baseline or the Annual Guaranteed Savings Amount to reflect the impact of such casualty or
condemnation, including corresponding revisions to the Attachments.
(k) Telephone and Internet: Customer shall install and maintain telephone lines and pay all
associated costs for the ECM(s) telephone lines or applicable energy management system
communication systems. Ameresco may use Customer’s LAN for the purposes of any energy
management system that may be included in the Scope of Work.
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(l) Protection: Customer shall at all times act reasonably to protect the ECM(s) from loss or
damage to the same extent and in the same manner in which it protects the Property.
(m) Alteration: Except in cases of emergency, Customer shall not move, alter or change the
ECM(s) in any way that may cause a reduction in the level of efficiency or savings generated by the
ECM or the equipment installed hereunder without obtaining Ameresco’s written approval, which shall
not be unreasonably withheld.
(n) Storage: Customer shall provide rent free space for Ameresco, or any of its subcontractors,
to mobilize and store supplies, tools and equipment during installation of the ECM(s) as available
pursuant to this Agreement for which such storage space may be required, with locking capacity
acceptable to Ameresco. Only Ameresco or any of Ameresco’s subcontractors, and Customer’s
assigned personnel shall have access to storage.
(o) Fuel: Customer shall procure and pay for all energy, utilities and fuel for the operation of the
Property.
(p) Cooperation during Construction: Customer shall reasonably cooperate in relocating
occupants, staff, personnel, furniture and equipment and taking such other actions as may be necessary
by Customer in order to prepare space for work by Ameresco to enable Ameresco to timely perform
its obligations hereunder.
SECTION 11 Defaults
(a) By Customer: Customer shall be in default under this Agreement upon the occurrence of any
of the following:
(i) Customer fails to pay when due any amount to be paid under this Agreement and
such failure continues for a period of five (5) business days after notice of overdue
payment is delivered by Ameresco to Customer;
(ii) any representation or warranty made by Customer in this Agreement or in any writing
delivered by Customer pursuant hereto proves at any time to have been false,
misleading or erroneous in any material respect as of the time when made;
(iii) Customer fails to perform any of its required duties or obligations under this
Agreement and fails to cure such failure and the effects of such failure within thirty
(30) days of receipt of written notice of default, unless such failures and effects cannot
be completely cured within thirty (30) days after said written notice, in which case a
default shall exist only if Customer does not commence and diligently pursue to cure
such failures and effects as soon as practicable;
(iv) Customer enters receivership, or makes an assignment for the benefit of creditors,
whether voluntary or involuntary, or a petition is filed by or against Customer under
any bankruptcy, insolvency or similar law and such petition is not dismissed within
sixty (60) days; or
(v) Customer fails to cooperate in relocating occupants, staff, personnel, furniture and
equipment or to take such other actions as may be necessary by Customer in order to
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prepare space for work by Ameresco as is reasonably requested by Ameresco in a
timely manner in order to allow the Scope of Services to be accomplished hereunder.
(b) By Ameresco: Ameresco shall be in default under this Agreement if Ameresco fails to perform
any of its material duties or obligations under this Agreement and fails to cure such failure or effects
of such failure within thirty (30) days of receipt of written notice of default, unless such failure or
effects of such failure cannot be completely cured within thirty (30) days after said written notice, in
which case a default shall exist only if Ameresco does not promptly commence and diligently pursue
to cure such failure as soon as practicable.
SECTION 12 Remedies for Default
If either Party defaults under this Agreement, the other Party may, subject to the dispute resolution
procedures in Section 13 below:
(a) bring actions for any remedies available at law or in equity or other appropriate proceedings
for the recovery of damages, including amounts past due; and
(b) with or without recourse to legal process, terminate this Agreement by delivering written
notice of termination at least ten (10) days prior to the requested termination date.
SECTION 13 Dispute Resolution
Claims, disputes, or other matters in controversy ( a “Dispute”) arising out of or related to the
Agreement or the Project shall be subject to informal dispute resolution and mediation as a condition
precedent to any and all remedies at law or in equity. If during the term of this Agreement a Dispute
arises concerning the Project or this Agreement, the Dispute shall initially be submitted to Customer’s
project representative and Ameresco’s project manager for resolution by mutual agreement between
the Parties. Any mutual determination by Customer’s project representative and Ameresco’s project
manager will be final and binding upon the Parties. However, should Customer representative and
Ameresco’s project manager fail to arrive at a mutual decision as to the Dispute within ten (10) business
days after notice to both individuals of such Dispute, such Dispute will be submitted to a representative
from management of both Parties who shall meet in person or by phone within ten (10) business days
after either Party gives the other Party written notice of the Dispute (the “Dispute Notice”). The
Dispute Notice shall set forth in reasonable detail the aggrieved Party’s position and its proposal for
resolution of the Dispute. If the Dispute is not resolved within thirty (30) calendar days after the first
meeting of the Parties, then the Parties shall endeavor to resolve the Dispute by mediation. A request
for mediation shall be made in writing and delivered to the other Party. The request may be made
concurrently with the filing of any and all remedies at law or in equity but, in such event, mediation
shall proceed in advance of any proceedings filed in a judicial forum, which shall be stayed pending
mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period of
time by agreement of the Parties or court order.
The Parties shall share the fees of the mediation equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
If the Parties do not resolve the Dispute through informal dispute resolution or mediation, either
Party is free to pursue any other available remedy in law or at equity.
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SECTION 14 Insurance and Bonds
(a) By Ameresco: Ameresco shall provide and maintain at its expense the following insurance
coverage:
(i) Workers’ Compensation and Employer’s Liability Insurance as required by applicable
State law.
(ii) Commercial General Liability Insurance, including contractual liability, Bodily Injury
per person, $1 million; Bodily Injury per occurrence, $1 million; Property Damage per
occurrence, $1 million; Personal Injury per occurrence, $1 million.
(iii) Comprehensive Automobile Liability Insurance, including owned, non-owned and
hired automotive equipment of, Bodily Injury per person, $1 million; Bodily Injury
per occurrence, $1 million; Property Damage per occurrence, $1 million.
Ameresco shall deliver to Customer a Certificate of Insurance naming Customer as an additional
insured party under paragraphs (ii) and (iii), above.
(b) Ameresco shall deliver to Customer Payment and Performance Bonds in a sum equal to the
Contract Cost conditioned upon faithful performance of the Agreement by Ameresco, for the
implementation of the ECM(s) as it may be from time to time modified by Change Orders within ten
(10) days of issuance of a Notice to Proceed. Notwithstanding any provision to the contrary herein,
any payment and performance bonds associated with this Agreement guarantee only the performance
of the installation portion of this Agreement, and shall not be construed to guarantee the performance
of: (1) any efficiency or energy savings guarantees, (2) any support or maintenance service agreement,
or (3) any other guarantees or warranties with terms beyond one (1) year in duration from the
completion of the installation portion of this Agreement.
(c) By Customer: Without limiting any of its obligations or liabilities under this Agreement,
Customer shall provide and maintain at its expense, insurance coverage consistent with the
requirements of Subsection 10(i) above, and its obligations under this Agreement.
SECTION 15 Indemnification and Limitation of Liability
(a) Anything in this Agreement to the contrary notwithstanding, neither Party nor its respective
officers, directors, agents, employees, parent, subsidiaries or affiliates or their affiliates’ officers,
directors, agents or employees shall be liable, irrespective of whether such claim of liability is based
upon breach of warranty, tort, (including negligence, whether of any of the Parties to this Agreement
or others), strict liability, contract, operation of law or otherwise, to any other Party, or its affiliates,
officers, directors, agents, employees, successors or assigns, or their respective insureds, for incidental,
delay, punitive or consequential damages connected with, related to or arising from performance or
non-performance of this Agreement, or any action or inaction in connection therewith including claims
in the nature of lost revenues, income or profits (other than payments expressly required and due under
this Agreement), and increased expense of, curtailment, reduction in or loss of power generation
production or equipment used therefor.
(b) Ameresco’s total aggregate liability for any and all injuries, damages, claims, losses, expenses
or claim expenses (including attorney’s fees) arising out of this Agreement from all causes or any causes,
regardless of the legal theory under which liability is imposed, shall in all cases be limited to the sum
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of the payments received by Ameresco under Section 4. Such causes shall include, but not be limited
to, Ameresco’s negligence, errors, omissions, strict liability, breach of contract, warranty, breach of
warranty or any indemnified claims.
(c) Ameresco agrees to indemnify and hold Customer harmless from and against any and all third
party claims for damages but only to the extent such damages arise by reason of bodily injury, death or
damage to property caused by Ameresco’s negligence or willful misconduct. To the extent that any
such damages are covered by or under Ameresco’s Commercial General Liability Insurance policy,
Ameresco shall not be required to indemnify Customer in excess of the proceeds of such policy. In
no event, however, shall Ameresco be obligated to indemnify Customer to the extent that any such
injury or damage is caused by the negligence of Customer or any entity for which Customer is legally
responsible.
(d) Customer agrees to indemnify and hold harmless Ameresco, its officers, agents and employees,
from and against any and all third party claims for damages but only to the extent such damages arise
by reason of bodily injury, death or damage to property caused by Customer’s negligence or willful
misconduct.. In no event, however, shall Customer be obligated to indemnify Ameresco to the extent
that such injury or damage is caused by the negligence of Ameresco or any entity for which Ameresco
is legally responsible.
SECTION 16 Agreement Interpretation and Venue
Each Party hereto has had ample opportunity to review and comment on this Agreement. This
Agreement shall be read and interpreted according to its plain meaning and an ambiguity shall not be
construed against either Party. The judicial rule of construction that a document should be more strictly
construed against the draftsperson thereof shall not apply to any provision of this Agreement.
This Agreement shall be governed as to all matters, whether of validity, interpretations, obligations,
performance or otherwise exclusively by the laws of the State in which the Project is located (the
“State”). Regardless of where actually delivered and accepted, this Agreement shall be deemed to have
been delivered and accepted by the Parties in the State. Any mediation and legal proceedings involving
the negotiation, formation, interpretation or enforcement of this Agreement may be brought in any
state or federal district court having jurisdiction over the Parties.
SECTION 17 Privileged and Proprietary Information
Ameresco’s systems, means, cost, and methodologies of evaluating, implementing, accomplishing and
determining energy savings and the terms of the Agreement for this Project shall be considered
privileged and proprietary information. Customer shall use the same level of effort to protect and
safeguard such information as it employs to safeguard its own confidential information, provided,
however, that Customer is a public entity which has very little information that is not open to the
public. Customer shall not disclose such proprietary information without the express written consent
of an officer of Ameresco unless required to do so by statute or regulation. When any request for
disclosure of such information is made under any applicable freedom of information law (the “FOIL”),
Customer shall provide prompt written notice to Ameresco such that Ameresco will have the
opportunity to timely object under the FOIL should it desire to object to such disclosure of that
information in whole or in part. In the event that Customer is required to make a filing with any agency
or other governmental body, which includes such information, Customer shall notify Ameresco and
cooperate with Ameresco in order to seek confidential treatment of such information included within
any such filing or, if all such information cannot be protected from disclosure, to request that Customer
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be permitted to redact portions of such information, as Ameresco may designate, from that portion of
said filing which is to be made available to the public.
SECTION 18 Severability
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or
unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement,
and all other provisions of this Agreement shall remain in full force and effect.
SECTION 19 Assignments and Subcontracting
(a) Ameresco may elect to use subcontractors in meeting its obligations hereunder. Nothing
contained in this Agreement shall create any contractual relation between any subcontractor and
Customer.
(b) Customer shall not assign, transfer, or otherwise dispose of this Agreement, the ECM(s), or
any interest therein, or sublet or lend the ECM(s) or permit the ECM(s) to be used by anyone other
than Customer and Customer’s employees without the prior express written consent of Ameresco;
provided that Customer may, without obtaining the consent of Ameresco, assign its rights in the ECMs
to any financial institution, lender or investor in connection with a leasing or financing arrangement
for funding of the Contract Cost. If Customer transfers ownership or its interest in the Property
without the prior written consent of Ameresco, this Agreement shall terminate automatically.
(c) Ameresco shall not assign this Agreement in whole or in part to any other party without first
obtaining the consent of Customer, which consent shall not be unreasonably withheld; provided that,
Ameresco may assign, without obtaining the consent of Customer, its rights and obligations under this
Agreement in whole or in part to any affiliated or associated company of Ameresco and its rights for
payments only under this Agreement to any financial institution, lender or investor in connection with
a credit facility to which Ameresco is a party.
SECTION 20 Waiver
Any waiver of any provision of this Agreement shall be in writing and shall be signed by a duly
authorized agent of Ameresco and Customer. The waiver by either Party of any term or condition of
this Agreement shall not be deemed to constitute a continuing waiver thereof nor of any further or
future waiver of any additional right that such Party may be entitled to under this Agreement.
SECTION 21 Force Majeure
If either Party shall be unable to carry out any part of its obligations under this Agreement (except
Customer’s obligations to make payments when due), due to causes beyond its control (“Force
Majeure”), including, but not limited to, an act of God, strikes, lockouts or other industrial
disturbances acts of public enemies orders or restraints of any kind of the government of the United
States or any state or any of their departments agencies or officials or any other civil governmental,
military or judicial authority, war, blockage, insurrection, riot, sudden action of the elements, fire,
explosion, flood, earthquake, storms, utility power outage, drought, landslide, or explosion or nuclear
emergency, this Agreement shall remain in effect but the affected Party’s obligations shall be suspended
for a period equal to the disabling circumstances, provided that:
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(a) the non-performing Party gives the other Party prompt written notice, unless such other Party
would not be prejudiced by a delay in notification, describing the particulars of the event of Force
Majeure, including the nature of the occurrence and its expected duration, and continues to furnish
timely regular reports with respect thereto during the period of Force Majeure;
(b) the suspension of performance is of no greater scope and of no longer duration than is
required by the event of Force Majeure;
(c) no obligations of either Party that arose before the event of Force Majeure causing the
suspension of performance are excused as a result of the event Force Majeure;
(d) the non-performing Party uses reasonable efforts to remedy its inability to perform; and
(e) the Term of this Agreement shall be extended for a period equal to the number of days that
the event of Force Majeure prevented the non-performing Party from performing.
Any decision by Customer to close or change the use of the facilities or ECM’s at the Property, except
to the extent such closure or change is itself caused by Force Majeure, shall not constitute a Force
Majeure excusing Customer’s performance under this Agreement.
SECTION 22 Contract Documents
(a) Upon execution of this Agreement by both Parties, this Agreement and its Attachments, which
are hereby incorporated herein by reference, shall constitute the entire Agreement between the Parties
relating to the subject matter hereof, and shall supersede all requests for proposals, proposals, previous
agreements, discussions, negotiations, correspondences, and all other communications, whether oral
or written, between the Parties relating to the subject matter of this Agreement.
(b) This Agreement may not be modified or amended except in writing signed by the Parties.
(c) Headings are for the convenience of reference only and are not to be construed as a part of
the Agreement.
SECTION 23 Notices
All notices, requests, demands, elections and other communications under this Agreement, other than
operational communications, shall be in writing and shall be deemed to have been duly given on the
date when hand-delivered, or on the date of the confirmed facsimile transmission, or on the date
received when delivered by courier that has a reliable system for tracking delivery, or six (6) business
days after the date of mailing when mailed by United States mail, registered or certified mail, return
receipt requested, postage prepaid. All notices shall be addressed to the following individuals:
(a) If to Customer:
Attention:
With a copy to:
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(b) If to Ameresco:
Ameresco, Inc.
150 North Michigan Avenue, Suite 420
Chicago, IL 60601
Attention: Louis P. Maltezos, Executive Vice President
With a copy to:
Ameresco, Inc.
111 Speen Street, Suite 410
Framingham, MA 01701,
Attention: General Counsel
Either Party may from time to time change the individual(s) to receive notices and/or its address for
notification purposes by giving the other Party written notice as provided above.
SECTION 24 Records
To assist Ameresco in its performance of this Agreement, Customer shall (to the extent it has not
already done so) furnish (or cause its energy suppliers and transporters to furnish) to Ameresco, upon
its request, accurate and complete data (kept by Customer or Customer’s energy suppliers and
transporters in the regular course of their respective businesses) concerning energy usage for the
existing facilities at the Property, including the following data for the most current thirty-six (36) month
period: utility records, occupancy information; descriptions of any changes in building structure or
heating, cooling or other systems or energy requirements; descriptions of all energy consuming or
saving equipment used on Property; descriptions of all energy management procedures presently
utilized. If requested by Ameresco, Customer shall also provide any prior energy analyses of the
Property, to the extent available.
SECTION 25 Representations and Warranties
Each Party warrants and represents to the other Party that:
(a) it has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise,
to execute and deliver this Agreement and perform its obligations hereunder;
(b) its execution, delivery, and performance of this Agreement have been duly authorized by, or
are in accordance with, as to Ameresco, its organizing instruments and as to Customer, by all requisite
action and are not in breach of any applicable law, code or regulation;
(c) this Agreement has been duly executed and delivered by the signatories so authorized, and
constitutes each Party’s legal, valid and binding obligation;
(d) its execution, delivery, and performance of this Agreement shall not result in a breach or
violation of, or constitute a material default under, any agreement, lease or instrument to which it is a
party or by which it or its properties may be bound or affected; and
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(e) it has not received any notice, nor to the best of its knowledge is there pending or threatened
any notice of any violation of any applicable laws, ordinances, regulations, rules, decrees, awards,
permits or orders which would materially adversely affect its ability to perform hereunder; and
(f) the persons executing this Agreement are fully authorized by law to do so.
SECTION 26 Additional Representations and Warranties of Customer
Customer hereby warrants and represents to Ameresco that:
(a) Customer intends to continue to use the Property in a manner reasonably similar to its present
use;
(b) Customer does not contemplate any changes to the electrical and thermal consumption
characteristics of the Property except as may have been disclosed to Ameresco by Customer in writing
prior to the execution of this Agreement;
(c) Customer has provided Ameresco with all records heretofore requested by Ameresco;
(d) Customer has not entered into any other agreements or understandings for the Property with
persons or entities other than Ameresco regarding the provision of the Scope of Services;
(e) Since the date of the Audit, there has been no change, event, circumstance or development
that has or could reasonably be expected to have a material adverse effect on (i) the operation or
condition of the Property, (ii) the energy usage at the Property, or (iii) the ability of Customer to
perform its obligations hereunder; and
(f) Customer has obtained all necessary governmental, legal, administrative and any other
approval necessary for it to enter into and perform this Agreement.
SECTION 27 Independent Contractor
Nothing in this Agreement shall be construed as reserving to Customer any right to exercise any control
over or to direct in any respect the conduct or management of business or operations of Ameresco.
The entire control or direction of such business and operations shall be in and shall remain in
Ameresco, subject only to Ameresco’s performance of its obligations under this Agreement. Neither
Ameresco nor any person performing any duties or engaged in any work on the Property on behalf of
Ameresco shall be deemed an employee or agent of Customer.
Nothing in this Section shall be deemed to be a waiver of Customer’s right to use the Property.
Customer and Ameresco are independent of one another and shall have no other relationship relating
to or arising out of this Agreement. Neither Party shall have or hold itself out as having the right or
authority to bind or create liability for the other by its intentional or negligent act or omission, or to
make any contract or otherwise assume any obligation or responsibility in the name of or on behalf of
the other Party.
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SECTION 28 Negligent/Wrongful Acts
Neither Party to this Agreement shall be liable for any negligent or wrongful acts, either of commission
or omission, chargeable to the other. This Agreement shall not be construed as seeking to either enlarge
or diminish any obligation or duty owed by one Party against the other Party or against third parties.
SECTION 29 Further Documents and Events
The Parties shall execute and deliver all documents and perform all further acts that may be reasonably
necessary to effectuate the provisions of this Agreement.
Customer shall execute all documents which may be reasonably required for Ameresco to obtain all
licenses, permits and governmental approvals required by Ameresco for installation and operation of
the ECM(s). Ameresco’s obligations hereunder are also subject to obtaining all such licenses, permits
and governmental approvals as are required to perform its obligations under this Agreement.
Customer agrees that Ameresco shall have the right to all environmental, energy, tax, financial, and
electrical-related attributes, rights, credits, deductions, benefits and characteristics associated with or
arising out of the transactions contemplated by this Agreement or associated with the ECMs or with
the energy, capacity or electrical savings created under this Agreement, howsoever created or
recognized. Customer shall provide Ameresco all reasonable assistance in perfecting its rights to such
attributes, rights, credits, benefits and characteristics.
SECTION 30 Third Party Beneficiaries
The Parties hereto do not intend to create any rights for, or grant any remedies to, any third party
beneficiary of this Agreement.
SECTION 31 Notifications of Governmental Action - Occupational Safety and
Health
The Parties shall notify each other as promptly as is reasonably possible upon becoming aware of an
inspection under, or any alleged violation of, the Occupational Safety and Health Act or any other
provision of federal, state or local law, relating in any way to the undertakings of either Party under
this Agreement.
SECTION 32 Termination for Convenience
(a) Customer shall take all necessary and timely action during the Term to obtain funds and
maintain appropriations sufficient to satisfy its obligations under this Agreement.
(b) The foregoing notwithstanding, subsequent to the date of the Delivery and Acceptance
Certificate, this Agreement may be terminated by Customer in accordance with the provisions of this
Section 32. Customer shall provide notice to Ameresco of its election to terminate no later than thirty
(30) days in advance of the end of the then current Guarantee Year. The termination shall become
effective on the last day of said Guarantee Year. The termination of this Agreement by Customer shall
release Ameresco from its obligation to provide maintenance, monitoring and training services after
the effective date of termination, as well as its obligation to provide the Savings Guarantee after the
Confidential & Proprietary Information of Ameresco, Inc.
Page 22
termination date; provided, however, that Customer is responsible for payment for maintenance,
monitoring and training services performed in accordance with the terms of this Agreement prior to
the termination date and Ameresco shall remain responsible for any Savings Shortfall (as defined in
Attachment C) payments due Customer prior to the date of termination.
(c) If this Agreement is terminated pursuant to this Section 32, Customer and Ameresco agree
that during the Term (as would otherwise have been in effect): (i) Customer shall not purchase, lease,
rent, engage the services of an agent or independent contractor or otherwise pay for the use of a system
or equipment performing functions or services similar to those performed by the ECMs installed
pursuant to this Agreement and (ii) if Customer receives an appropriation of funds which permits
Customer to purchase, lease, rent, engage the services of an agency or independent contractor, or
otherwise pay for the use of a system or equipment performing functions or services similar to those
performed by the ECMs installed pursuant to this Agreement, upon receipt of such funds such other
obligations shall immediately be rescinded and Customer shall satisfy the Obligations then owed to
Ameresco prior to Customer’s appropriation of such funds for the purpose of paying any other
payee(s).
SECTION 33 References
Unless otherwise stated, all references to a particular Attachment or to Attachments herein are to
the referenced Attachment or Attachments which are attached to this Agreement and all such
referenced Attachments are incorporated by reference within this Agreement. All references herein to
a Section shall refer to a Section of this Agreement unless this Agreement specifically provides
otherwise.
Confidential & Proprietary Information of Ameresco, Inc.
Page 23
IN WITNESS WHEREOF, the duly authorized officers or representatives of the Parties have set
their hand on the date first written above with the intent to be legally bound.
CITY OF APPLE VALLEY AMERESCO, INC.
By:_________________________________
Authorized Signature
Name: ______________________________
Title: ______________________________
By:_______________________________
Authorized and Required Signature
Name: Louis P. Maltezos
Title: Executive Vice President
[By:_______________________________
Authorized Signature
Name: John Neville
Title: Regional Director
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A pprove L icense A greement for Accessory Structure on L ot 2, Block 4, Greenleaf Sixth Addition
(5778 138th S treet Court)
S taff Contact:
Thomas J . L ovelace, City P lanner
Department / Division:
Community Development Department
Applicant:
Todd and J ennifer Purfeerst
P roject Number:
P C17-44-M
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
Approve a license agreement between the City and J ennifer and Todd Purfeerst to allow for a
storage shed to be located in a portion of an existing drainage and utility easement on
property located 5778 138th Street C ourt.
S UM M ARY:
For your consideration is a request from J ennifer and Todd Purfeerst of 5778 138th Street
Court for approval of a license agreement to allow for an existing 14-ft. x 20-ft. storage shed
to remain in an irregular shaped drainage and utility easement abutting the rear property line.
T he easement runs diagonally across the rear of the property with a depth of 10 feet along the
east property line and 80 feet along the west property line.
Under normal circumstances, the C ity would prohibit an encroachment such as this. However,
in this case the drainage and utility easement where the storage shed is located is much wider
than the normally required 10 feet. Staff cannot find in any past documents to indicate why
the easement area is larger at this location. One can surmise that is was for the purpose of
providing short term storage of storm water runoff on a intermittent basis. If that is the case,
it does not appear that the placement of the shed in the easement will have a significant
impact on the ability for storm water runoff storage in that area. It should also be noted that
the area around the subject property is fully developed and there is currently no public storm
water, sanitary sewer, or watermain utility lines located in the easement.
T he City Attorney has prepared the license agreement that allows for the encroachment of the
storage shed in a location as depicted on the attached exhibit. T his location meets or exceeds
the minimum required accessory structure setbacks, which is five feet from the side and ten
feet from the rear property lines. T he agreement memorializes the owner’s responsibility for
ongoing maintenance and liability, does not forfeit any rights the C ity and other utility
companies may have for use of the easement. It also allows the C ity to remove the shed for
use of the easement and does not obligate the C ity to repair, replace, or restore the structure.
And finally, the C ity may upon written notice terminate the agreement at any time and require
the property owner to remove the shed and restore the drainage and utility easement to the
condition prior to the construction of the shed.
B AC K G RO UND:
In August 2017, the C ity's C ode Enforcement Officer notified the applicant that their shed
was in violation of C ity code, which prohibits locating accessory buildings in a public
drainage and utility easement, except when approved by the C ity. T he applicant indicated to
staff that they moved into the home in 2010 and at that time there was an existing 10-ft. x 12-
ft. shed located in the drainage and utility easement, which had been constructed by the
previous owner in 2001. In 2017, the applicant removed the old shed and constructed a new
14-ft. x 20-ft. storage shed in the same location as the old shed.
T he applicant has indicated to staff that the area does receive some storm water runoff during
the spring, but according to neighbors who have lived in the area for more than 30 years, the
old shed did not have any impact on the use of the easement. T he subject property accepts
runoff from adjacent properties and sends it north to 138th Street C ourt via a drainage and
utility easement located along the west edge of the property. C ity staff has reviewed the
area's drainage flow and believes that the shed would not impact existing drainage
conditions.
As previously stated, the 280-sq. ft. shed was built in the same location as the old 120-sq. ft.
shed. Staff reviewed records for this property and found that no building permit was issued
for the new shed. T he applicant was notified and has submitted a building permit application
and representative plans of the existing shed for review by the Building Inspections
department. N o permit will be issued and no inspections performed until after the approval
of the license agreement.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Agreement
L ocation Map
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreements for L ease-to-Own Equipment for Valleywood Golf Course
S taff Contact:
B arry B ernstein, Director of P arks & Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve Agreements for lease-to-own equipment with:
1. MT I Distributing, Inc., for the purchase of three (3) mowers, and
2. Turfwerks C orporation for a sprayer, subject to final revisions and minor changes as
approved by the City Administrator and C ity Attorney.
S UM M ARY:
T he lease agreement with MT I Distributing, Inc., is for three mowers; a fairway mower, a
rough mower, and a greens mower. T hese mowers are replacing the following units; a fairway
mower purchased in 1989, a rough unit purchased in 2006, and a greens mower purchased in
2004. T he lease agreement with Turfwerks C orporation is replacing a sprayer purchased in
1999. Pending City Attorney's review, Staff recommends approval of the lease agreements.
B AC K G RO UND:
With the hiring of a new golf course Foreman in the Spring of 2017, Staff is re-addressing
how we go about purchasing equipment. Golf C ourse Staff, working with the Parks and
Recreation Director, and the Finance Director have determined we are better off purchasing
equipment with lease-to-own arrangements.
T his provides us a more predictable budget cost for the equipment and also allows us to
determine the useful life of equipment based on usage and operation rather than just through
an equipment replacement schedule. Rather than trying to replace equipment based on annual
revenue, we will budget funds for lease-to-own arrangements that will provide fixed costs for
equipment over a four or five year lease.
It will also allow us to trade old equipment off when the value offered for them makes
financial sense for the operation. In this particular instance, the trade in value offered was so
minimal that we plan to keep the old equipment to use in spot duty or for parts that can be
used on other machines.
B UD G E T I M PAC T:
T his equipment was approved in the 2017 and 2018 budgets.
AT TAC HM E NT S :
Quotation
Quotation
MTI Distributing
Equipment Proposal
January 12, 2018
Valleywood Golf Course
Expiration Date:2/11/2018
Qty Model Number Description Price Price Extension
1 04358 Greenmaster 3150-Q $38,270.76 $38,270.76
3 04654 11 BL Cutting Unit
1 04626 Narrow Wiehle Roller (.200" Spacing) (Set of 3)
3 04648 Universal Groomer Drive
3 04283 21 Groomer, Spring Steel
3 04650 Universal Rear Rotating Brush
1 106-2643 GROOMER PULL LINK KIT, GR3150/3100/3050
1 30882 GM 4700-D (Tier 4 Final Compliant) (30882 / 30882A)$74,533.19 $74,533.19
1 30349 Universal Sunshade (White)
1 136-1830 45/4700 UNIVERSAL SUNSHADE MOUNT KIT
1 03606
Reelmaster 5410-D - 36.8 hp Tier 4-compliant Diesel
w/ factory installed ROPS $55,868.44 $55,868.44
5 03621 22 IN 5 IN 8 Blade (RR) Radial Reel EdgeSeries
1 03406 Powered Rear Roller Brush Only (Kit of 5)
Sub-total $168,672.39
*National IPA Pricing*Tax $11,596.23
Total $180,268.62
Optional CSC ($1 Buyout) Financing available through TCF Equipment Finance
5 Year Annual Payments:$39,700.56
60 Monthly Payments:$3,383.64
Rates are subject to credit approval, $250.00 doc fee applies
New Toro commercial equipment comes with a two-year manufacturer warranty
Equipment delivery at no additional charge
Thank you for the opportunity to submit this quote. If you have any questions, please do not hesitate in contacting us.
Bob Frank, SCPS Mandi Prinsen
Outside Sales Representative Inside Sales Representative
612-877-0837 763-592-5641
MTI Distributing, Inc. • 4830 Azelia Avenue N. #100 • Brooklyn Center, MN 55429
Tax is not included in pricing.
A 2.5% service fee will apply for all credit card transactions.
Eagan, MN - Johnston, IA - Sioux Falls, SD - Omaha, NE - St Louis, MO
Equipment Quote
Customer Name Valleywood Golf Course Date 1/17/18
Deliver Date X 30-45 Days ARO Special Terms State Contract Pricing T-775(5)
MODEL #QTY PRODUCT DESCRIPTION UNIT PRICE TOTAL
3185-A 1 Smithco Spray Star 3180 $ 69,999.75 $ 69,999.75
Advanced precision TeeJet Aeros GPS Satellite guided Field Computer. Terra Star GNSS Antenna for use with
GPS/ Terra Star, WAAS & Glonass Satellites. Provides Sub-2 in (5 cm) position control and permanently retained
mapping. Smithco/TeeJet DynaJet Pulse Width Modulation. Pressure & droplet size control. Wide ground speed
range. Purpose built 18 ft (5.5 meter) Spray Boom. Dual Nozzle, Dual Solenoid Valve System.
1 Water Fill Meter Included
1 Tank Rinse Device Included
1 Fresh Water Wash Tank Included
1 Foam Marker Included
1 Safe Fill Chemical Induction System Included
1 Hose Reel - Electric Rewind - 100ft hose Included
1 Pistol Grip JD9 Spray Gun Included
NOTICE: SUBSCRIPTION REQUIRED to activate Terra Star GNSS Antenna for use with GPS / Terra Star
Satellite systems. First year subscription inclued. Contact Smithco (610)688-4009 or sales@smithco.com.
No subscription required for use with WAAS & Glonass Satellites
Five Year Dollar Buyout Purchase Agreement
Seasonal Payments 6on/6off
Payments are $2,695.54 + tax/mo. May - October2018 - 2022
Five Year Dollar Buyout Purchase Agreement
Annual Payment
Payments are $15,956.97 + tax/mo. Due by April 20th 2018-2022
Subtotal $69,999.75
Sales Tax -$
Notes TOTAL
Applicable Taxes Not Included
Pricing Valid for 60 days from January 1st,2018
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A pprove Change Order No. 2 to A greement with Dering Pierson Group, L L C, for Education
B uilding Renovation
S taff Contact:
B ruce Nordquist, Community Development Director
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 2 to agreement with Dering Pierson Group, LLC , for the
Education Building Renovation project, in the amount of an additional $31,876.41.
S UM M ARY:
T his change order includes work that has been previously budgeted for, but was not included
as part of the original contract, and work that was found necessary as the project proceeded.
Security doors between the common space and St. Mary's University were reviewed by City
Council in October of 2017 at an estimated cost of $14,000. As Dering Pierson was already
on-site, and doing work for the C ity, they were able to provide the best bid at $9,460. T hese
doors allow for St. Mary's to keep their portion of the building separated and secure from
MacPhail, and the now shared, common space.
Ryan Mechanical's work on the boiler system coincided with the renovation project, which
was not originally anticipated. Removal of the existing boiler system was a priority due to
daily inspections being required by the State of Minnesota. Severe cold weather required that
temporary heat be provided in order for interior work to continue at the cost of $3,518.28.
With the increased occupancy of the building, a "high-low" drinking fountain was required by
building code. T he wall where the original drinking fountain was located did not meet code
for clearances, and required reframing to fit the new drinking fountain. A bottle filler was also
installed as a best practice when upgrading. Plumbing, wall framing and reconstruction was
not originally anticipated, and was completed by Dering Pierson at a cost of $7,036.44.
Once work began on the bathrooms it was discovered that most of the valves to fixtures were
leaking, or broken and could not be shut off. Installation of new valves for multiple fixtures
totalled $1,754.63, and corrects the leaking valves. Due to many of the valves in the
bathrooms being inoperable, the water main into the building was used to temporarily shut off
water. T he water meter, and main valve needed upgrading as they were original to the
building and had small leaks. It cost $1,980.04 to upgrade these items. T he total additional
cost for the described plumbing projects is $3,734.67.
Finally, the bathrooms required additional finishing work to be consistent with the new
updated plumbing fixtures and wall tile. New lights, wall patching where existing holes in the
concrete were present, and removal of old outdated hand dryers were completed for
$8,126.82.
T he combination of these five items is the total for change order No. 2, at $31,876.41.
B AC K G RO UND:
In O ctober 2017, C ity C ouncil approved the Education Building Renovation contract with
Dering Pierson Group, LLC for $252,986.00. A prior change order approved in December
for $5,612.55 added additional insulation to exterior walls. T he new sum for this contact will
be $290,474.96. T he HVA C portion of the project has come in under budget by $17,160.00
through a contract with Ryan Mechanical.
B UD G E T I M PAC T:
Expenses related to this project are being carefully tracked to ensure we receive good value
for the funds invested. Given the complexity of retrofitting a preexisting building for a new
use, some unexpected costs were likely to occur. Nonetheless, sufficient funds are available
through the Education Building fund to cover all current and anticipated project costs. An
updated financial summary of the changes at the Education Building is attached.
AT TAC HM E NT S :
Change Order Document(s)
Budget
Education Building 10/2017 – 3/2018 Recommended Improvements 2017 Planned Cost 2018 Restated Cost HVAC Upgrade $262,400 $245,240 Building Renovations (Exterior, landscaping/hardscape, garage, restrooms, siding, staining) $252,986 $290,474 Roof Section $45,050 $45,050 Sprinkler for MacPhail space $21,688 $21,688 Fiber redistribution (City, MacPhail, St. Mary’s Shared) $7,219 $7,219 Interior doors/locks (St. Mary’s) $14,000 (estimate) $9,460 Construction Management $35,180 $35,180 Total Expense $638,523 $654,311 Education Building Fund Balance ($785,000 in 2017) $146,477 $130,689
I T E M: 4.S.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A pprove Change Order No. 2 to A greement with Ryan Mechanical, I nc., for HVA C Old City Hall,
and Approve A cceptance and F inal Payment
S taff Contact:
B ruce Nordquist, Community Development Director
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve C hange Order N o. 2 to agreement with Ryan Mechanical, Inc., with a reduction of
$17,160.00; and accepting HVA C Old C ity Hall project as complete and authorizing final
payment in the amount of $245,240.00.
S UM M ARY:
In October 2017, the C ity C ouncil approved a contact with Ryan Mechanical, Inc., to replace
the HVA C system at the Education Building, commonly known as "Old City Hall". T his
work included removal of the existing boiler system, and the addition of a 20-ton rooftop
unit with a new high efficiency operating system.
A prior change order was approved by C ity C ouncil in December of 2017 with no change to
the overall cost of the project. T he original design of the HVA C system required adaptation
due to the unique needs of MacPhail as a music school. T hese changes allowed an existing
5-ton rooftop air handler to be modified to serve the St. Mary's portion of the building as a
back up unit.
After providing temporary heat for several weeks the 5-ton air handler failed, and can not be
repaired. T his was confirmed by both the HVA C design engineer, and the HVA C
service technician that has worked on the buildings heating and cooling equipment for many
years.
T he new hot water boiler and rooftop system is able to adequately provide heating and
cooling to the St. Mary's lobby, where the old boiler system struggled to provide adequate
heat. T he addition of the rooftop unit required relocated electric work at a cost of $3,940.00
which is summarized on the attached change order. After all HVA C costs are considered, the
project was reduced by $17,160.00.
B AC K G RO UND:
In October 2017, C ity Council approved a contract with Ryan Mechanical, Inc., in the
amount of $262,400.00. T his project has been completed and inspected by the design
engineer. T he HVA C service technician that the C ity contracts with has reviewed the
operations and is familiar with the system now and in the future.
B UD G E T I M PAC T:
HVA C costs are are being covered by the Education Fund. T he HVA C project was budgeted
for and approved in October of 2017 for $262,400.00. T he costs associated with the
renovation of the Education Building are reduced by $17,160.00 with the completion of the
HVA C work. A financial summary of the overall project to date is attached.
AT TAC HM E NT S :
F inal Pay Documents
Change Order Document(s)
Budget
DATE
JOB NAME
LOCATION
DATE OF CONTRACT
DATE PREVIOUS CONTRACT AMOUNT
10/13/2017
ACCEPTED - The above prices and specifications of this Change Order are
satisfactory and are hereby accepted. All work to be performed under same
terms and conditions as specified in original contract unless otherwise
stipulated.
Date of Acceptance ___________________
Signature ________________________________________________
($17,160.00)
$262,400.00
AUTHORIZED SIGNATURE CONTRACTOR
3/14/2018
REVISED CONTRACT AMOUNT $245,240.00
WE AGREE hereby to make the changes as specified above at this price
NOTE: This Change Order becomes part of and in conformance with the existing contract
WE HEREBY AGREE TO MAKE THE CHANGE(S) SPECIFIED BELOW
Cost of ChangeWork Description
CHANGE ORDER
CHANGE ORDER NUMBER: 2
3/14/2018
Apple Valley, MN
Apple Valley Old City Hall
-$21,100.00
$3,940.00
Description of Change:
HVAC-Division 23
-Add one additional VAV box and controls
-Change location of new RTU (no cost incurred for HVAC)
-Eliminate ductwork on new unit
-Ducting and VAV box installation by others except VAV box serving
lunchroom
-Install electric water heater to eliminate need for duct fan
-Revised hydronic piping sizes
-Added hydronic piping for SMU space, modified existing to function with
new boiler system
-Repaired (2) existing Finned Tube Radiation sections in SMU side
DEDUCT $ 21,100.00
ELECTRICAL-Division 26
-Moved location of new RTU
-Circuitry for smoke detector to FACP (no costs included for hiring fire alarm contractor to
integrate into building system)
-No demolition of exhaust fan as shown on drawings
ADD $3,940.00
Education Building 10/2017 – 3/2018 Recommended Improvements 2017 Planned Cost 2018 Restated Cost HVAC Upgrade $262,400 $245,240 Building Renovations (Exterior, landscaping/hardscape, garage, restrooms, siding, staining) $252,986 $290,474 Roof Section $45,050 $45,050 Sprinkler for MacPhail space $21,688 $21,688 Fiber redistribution (City, MacPhail, St. Mary’s Shared) $7,219 $7,219 Interior doors/locks (St. Mary’s) $14,000 (estimate) $9,460 Construction Management $35,180 $35,180 Total Expense $638,523 $654,311 Education Building Fund Balance ($785,000 in 2017) $146,477 $130,689
I T E M: 4.T.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A pprove Acceptance and Final P ayment on A greement with Pro-Tec Design, I nc., for Fire
S tation S ecurity Camera System
S taff Contact:
Charles Grawe, A ssistant City A dministrator
Department / Division:
Administration / I nformation Technologies
AC T I O N RE Q UE S T E D:
Approve acceptance and final payment on agreement with Pro-Tec Design, Inc., for Fire
Station Security Camera System, in the amount of $3,000.00.
S UM M ARY:
T he C ity has been migrating its building surveillance cameras and recording systems onto a
common platform. T he three fire stations did not have security cameras. T his project added
cameras to the stations and connected them to the C ity's network. T he total cost of the
project is $32,660.78. T here were no change orders.
B AC K G RO UND:
Security surveillance is a critical part of the City's security systems. T he City is migrating
all of its site surveillance to a common system that can be easily monitored over the C ity's
network.
Staff recommends the City C ouncil approve acceptance and final payment on agreement with
Pro-Tec Design, Inc., for Fire Station Security C amera System in the amount of $3,000.00.
B UD G E T I M PAC T:
Funds of $25,700 for this project were included in the 2017 Fire operating budget and carried
over to 2018.
T he remaining $6,960.78 would come from the C able T V C apital Fund which is providing
funds for other portions of the camera project this year.
AT TAC HM E NT S :
F inal Pay Documents
I nvoice
I nvoice
I nvoice
Pro-Tec Design, Inc.5929 Baker RoadSuite 400Minnetonka, MN 55345(763) 231-8611
Bill To:
City of Apple ValleyAttn: Charles Grawe7100 147th Street WestApple Valley, MN 55124-7519United States
Date Invoice
03/09/2018 84627
Account
CITYAPPLEVALLEY
Terms Due Date PO Number Reference
Net 30 days 04/08/2018 SIGNED--CHARLES GRAWE
Billing Type Progress
Billing Method Fixed Fee
Amount $15,099.40
Company Name City of Apple Valley
Contact Name Nathan Bang
Other Charges
Billable Other Charges
Billing Detail:
Original Contract Sum: $15,099.40Net Change by Change Orders: $0.00Contract Sum to Date: $15,099.40Total Completed and Stored to Date: $15,099.40Less Previous Certificates for Payment: $14,099.40Current amount due: $1,000.00
Balance to finish: $0.00
Progress Invoice
THANK YOU FOR YOUR BUSINESS!
Make checks payable to Pro-Tec Design, Inc.
Invoice Subtotal:$1,000.00
Sales Tax:$0.00
Invoice Total:$1,000.00
5929 Baker Road, Suite 400Minnetonka, MN 55345
Pro-Tec Design, Inc.5929 Baker RoadSuite 400Minnetonka, MN 55345(763) 231-8611
Bill To:
City of Apple ValleyAttn: Charles Grawe7100 147th Street WestApple Valley, MN 55124-7519United States
Date Invoice
03/09/2018 84629
Account
CITYAPPLEVALLEY
Terms Due Date PO Number Reference
Net 30 days 04/08/2018 SIGNED--CHARLES GRAWE
21324 FS3 - Camera System
Billing Type Progress
Billing Method Fixed Fee
Amount $8,696.79
Company Name City of Apple Valley
Contact Name Nathan Bang
Other Charges
Billable Other Charges
Billing Detail:
Original Contract Sum: $8,696.79Net Change by Change Orders: $0.00Contract Sum to Date: $8,696.79Total Completed and Stored to Date: $8,696.79Less Previous Certificates for Payment: $7,696.79Current amount due: $1,000.00
Balance to finish: $0.00
Progress Invoice
THANK YOU FOR YOUR BUSINESS!
Make checks payable to Pro-Tec Design, Inc.
Invoice Subtotal:$1,000.00
Sales Tax:$0.00
Invoice Total:$1,000.00
5929 Baker Road, Suite 400Minnetonka, MN 55345
I T E M: 4.U.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A pprove Acceptance and Final P ayment on Agreement with Twin City Tree A uthority, L L C, for
P roject 2018-106, A sh Tree Removals
S taff Contact:
J essica Schaum, Natural Resources Coordinator
Department / Division:
Natural Resources Division
AC T I O N RE Q UE S T E D:
Approve acceptance and final payment on agreement with Twin C ity Tree Authority, LLC,
for Project 2018-106, Ash Tree Removals, in the amount of $614.32, for a contract total of
$12,286.50.
S UM M ARY:
Twin C ity Tree Authority, LLC, has requested final payment of $614.32, the 5% retainage
withheld on the first payment, for the ash tree removals project. T his is the second and final
payment request for Project 2018-106. T he contractor has met all obligations and performed
services in a professional and satisfactory manner.
B AC K G RO UND:
On December 28, 2017, the C ity C ouncil approved an agreement with Twin C ity Tree
Authority, LLC to remove 50 ash trees from boulevards.
B UD G E T I M PAC T:
Funds for this project were included in the 2018 Public Works Admin/Natural Resources
budget.
AT TAC HM E NT S :
F inal Pay Documents
I T E M: 4.V.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A pprove P ersonnel Report
S taff Contact:
Melissa Haas, Human Resources Manager
Department / Division:
Human Resources Division
AC T I O N RE Q UE S T E D:
Approve the personnel report.
S UM M ARY:
T he employment actions attached to this memo are recommended for City C ouncil Approval.
B AC K G RO UND:
T he City Council's approval of the Personnel Report includes the ratification of the City
Administrator's actions in carrying out the terms and conditions of the employment of the
City personnel.
B UD G E T I M PAC T:
Budgeted positions.
AT TAC HM E NT S :
Personnel Report
PERSONNEL REPORT
March 22 2018
City of Apple Valley
Human Resources
EMPLOYMENT ACTIONS
The following employment actions are recommended for City Council approval:
First
Name
Last
Name Action Position Status Dept.
Base Pay
Rate
Pay
Type
Pay
Scale
Date
(on or about)
Joseph Betelak
Accept
Retirement Firefighter
Paid on Call
Volunteer 1300 3/1/2018
LeRoy Campen Rehire Golf Shop Attendant
Casual,
Seasonal 5105 $ 10.25 Hourly C-01 4/1/2018
Doug Carlson Rehire Maintenance I
Casual,
Seasonal 5105 $ 12.48 Hourly SM1 4/1/2018
James DeWall Rehire Maintenance I
Casual,
Seasonal 5105 $ 12.88 Hourly SM1 4/1/2018
Alicia Dodge Rehire Concessions Supervisor
Casual,
Seasonal 1940 $ 15.10 Hourly C-07 5/15/2018
Jordan Johnson Rehire Golf Supervisor
Casual,
Variable Hour 5105 $ 16.70 Hourly C-07 4/1/2018
Richard Kassa Rehire Maintenance I
Casual,
Seasonal 5105 $ 12.48 Hourly SM1 4/1/2018
Ed Kunkel Rehire Maintenance I
Casual,
Seasonal 1710 $ 13.24 Hourly SM1 5/1/2018
Sam Liggett Rehire Maintenance I
Casual,
Seasonal 1710 $ 13.24 Hourly SM1 5/15/2018
Blake Longhenry Rehire Maintenance I
Casual,
Seasonal 1710 $ 12.48 Hourly SM1 5/15/2018
Robert MacDonald Rehire Maintenance I
Casual,
Seasonal 5105 $ 13.24 Hourly SM1 4/1/2018
Richard Meyer Rehire Recreation Lead Attendant
Casual,
Seasonal 5105 $ 11.00 Hourly C-02 4/15/2018
Mason Morse Rehire Maintenance I
Casual,
Seasonal 1710 $ 12.48 Hourly SM1 5/14/2018
Robert Nelson Rehire Maintenance I
Casual,
Seasonal 1710 $ 13.24 Hourly SM1 4/15/2018
Jack Ritacco Rehire
Golf Outside Service
Attendant
Casual,
Seasonal 5105 $ 10.25 Hourly C-01 6/1/2018
Rondi Rosa Hire Liquor Clerk
Casual,
Variable Hour 5020 $ 11.00 Hourly L-1 3/16/2018
Aaron Toavs Rehire Maintenance I
Casual,
Seasonal 1710 $ 12.88 Hourly SM1 5/14/2018
Mark Weimelt Transfer Maintenance II
Full-Time,
Regular 1710 $ 29.82 Hourly UM2 3/23/2018
Meghan Wood Termination Sales Clerk
Casual,
Variable Hour 5020 2/28/2018
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the
employment of the City personnel.
Page 1 of 1
I T E M: 4.W.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Consent A genda
Description:
A pprove Claims and B ills
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
Approve claims and bills.
S UM M ARY:
Attached for C ity C ouncil review and approval are check registers for recent claims and
bills.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
Check registers dated February 28, 2018, and March 8, 2018, in the amounts of $178,752.60,
and $826,942.25 respectively.
AT TAC HM E NT S :
Claims and Bills
Claims and Bills
I T E M: 5.A.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Regular A genda
Description:
Village P ointe P laza/Zvago A pple Valley (To be platted as Lots 1 and 2, Block 1, Village Pointe
Plaza)
S taff Contact:
K athy Bodmer, Planner, A I C P
Department / Division:
Community Development Department
Applicant:
Village P ointe P laza and City of Apple Valley
P roject Number:
P C16-30-Z B
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
1. Adopt resolution approving Final Plat and Development Agreement of Village Pointe
Plaza, subject to minor modifications as approved by the C ity Administrator and City
Attorney.
2. Adopt resolution approving Planned Development Agreement.
3. Adopt resolution approving site plan/building permit for 58-unit senior cooperative
building on Lot 1, Block 1, Village Pointe Plaza (7070 153rd Street W.)
S UM M ARY:
Village Pointe Plaza, LLC , requests consideration of a final plat, development agreement,
planned development agreement and site plan review/building permit authorization to
construct a mixed-use development including a 58-unit senior cooperative building and
30,000 sq. ft. of retail, restaurant and office uses on the southwest corner of Galaxie Avenue
and 153rd Street (commonly referred to as the “Triangle Property”) at 7070 153rd St. W.
F inal P lat and Dev elopment Agreement: T he final plat of Village Pointe Plaza consists of
two lots with Lot 1 on the west side of the triangle and Lot 2 on the east side. Zvago Apple
Valley would be constructed on Lot 1 on the west side of the site. Lot 2 will be the location
of 1- and 2-story restaurants, retail and office development. T he Development Agreement
details the obligations of the developer and specifies the standards and conditions that govern
the development of the property. Park dedication will be a cash-in-lieu of land dedication
and pond dedication will be satisfied by both a previous land dedication and by dedication of
easements as required by the C ity Engineer on the plat. T he agreement also addresses the
financial guarantee and payment of the outstanding sanitary sewer trunk fee.
P lanned Dev elopment Agreement: T he property is zoned PD-739 which requires
execution of a Planned Development Agreement. T he agreement states that the development
and use of the property must comply with the PD requirements for subzones 1 (multiple
family zone) and 4 (commercial zone). T he development must also comply with the stringent
building and site design requirements of the Central Village.
Site P lan Rev iew/Building P ermit Authorization: At its J uly 27, 2017, meeting, the City
Council approved amendments to PD -739 which allowed for horizontal mixed-use within a
planned area rather than vertical mixed use within a single building. Amendments were also
approved to the PD to allow shorter parking spaces in the underground garage and to reduce
the number of parking spaces required for developments serving senior residents.
T he overall development plan shows that Zvago Apple Valley, a 58-unit senior cooperative
building, would be located on the west side of the triangle site abutting the Founders Lane
round-about. Future building pads are shown on the east side of the site abutting Galaxie
Avenue for construction of 18,410 sq. ft. of single- and two-story retail and a 11,700 sq. ft.
two-story office building for a total of just over 30,000 sq. ft. of retail and office
development. Access to the site will be taken from 153rd Street on the north side of the site
and Founders Lane on the south side of the site. T he resident entrance will be located on the
east side of the building. A community patio and green space will be constructed on the east
side of the building between the building and the parking lot. Parking is provided at a ratio of
1.7 spaces/unit which exceeds the PD allowance of 1.0 parking spaces per unit in senior
developments.
B AC K G RO UND:
At its meeting of J une 21, 2017, the Planning C ommission voted unanimously to recommend
approval of the project with several conditions. T he Planning C ommission recommended
conditions are included in the draft resolutions.
B UD G E T I M PAC T:
T he C ity of Apple Valley was awarded a Livable C ommunities Demonstration Account grant
of $1,148,639 to off-set the cost of the purchase the property. T he funding is intended to help
to create a denser mixed-use development form than is typically seen in Apple Valley. It
would help to create a neighborhood area that would otherwise not be created under normal
market conditions. T he grant will be awarded as elements of the project proceed; the mixed-
use residential and commercial development. T he agreements include layers of financial
security tied to performance. T he development must be substantially completed by
December 1, 2018 to meet the grant requirements.
AT TAC HM E NT S :
Resolution
Agreement
Resolution
Agreement
Resolution
Map
Plan S et
Plan S et
Presentation
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 - ___
FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL
ZVAGO APPLE VALLEY
WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as
Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and
WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held
a public hearing on an application for subdivision of land by plat on August 17, 2016; and
WHEREAS, the City Planning Commission found the preliminary plat to be in conformance
with the standards of Chapter 153 of the City Code and recommended its approval on June 21,
2017, subject to conditions; and
WHEREAS, pursuant to Chapter 153 of the City Code, a subdivision agreement between the
applicant and the City detailing the installation of the required improvements in the subdivision
and the method of payment therefore has been prepared.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the subdivision agreement and final plat for the following
described plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the
same, to wit:
VILLAGE POINTE PLAZA
BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said plat
shall be filed with the Dakota County Recorder within sixty (60) days of the certified release from
the City offices or such approval shall be null and void.
ADOPTED this ___th day of __________, 2018.
___________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
2
CERTIFICATE
As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a
resolution adopted by the City Council and the final plat described therein is hereby released for
recording with the Dakota County Recorder this _____ day of __________________, ______.
____________________________________
Pamela J. Gackstetter, City Clerk
3
______________________________
_______________________________________
DEVELOPMENT AGREEMENT
Between
VILLAGE POINTE PLAZA LLC
And
CITY OF APPLE VALLEY
For
VILLAGE POINTE PLAZA
_______________________________________
______________________________
1
A G R E E M E N T
WHEREAS, the City of Apple Valley, Dakota County, Minnesota, (the "City"), has been
requested by Village Pointe Plaza LLC, a Minnesota limited liability company (the "Developer")
to approve for recording the following described plat:
The plat of Village Pointe Plaza; and
WHEREAS, Developer intends to develop the real property legally described on the plat
(the “Property”) as two (2) lots; and
WHEREAS, pursuant to City Ordinances, the Planning Commission held a public
hearing with reference to the application for approval of the plat on August 17, 2016; and
WHEREAS, the Planning Commission recommended its approval on June 21, 2017; and
WHEREAS, the City Council approved the preliminary plat on July 27, 2017;
NOW, THEREFORE, in consideration of the mutual agreements of the parties, it is
hereby agreed by and between the parties as follows:
1. Subject to the terms and conditions of this Agreement, the City hereby approves
for recording the plat known as Village Pointe Plaza, as shown and noted on Exhibit “A”
attached hereto.
2. This Plat is governed by the terms and conditions of the City’s Zoning Ordinance
(the “Ordinance”). An y use or development of the Plat shall be in accordance with the provisions
of the Ordinance.
3. The municipal improvements serving the Plat shall be maintained as follows:
A. The City shall only be responsible for maintenance of sanitary sewer lines
having a pipe equal to or greater than eight inches in diameter and located within
public right-of-way or utility easements. Maintenance of service and lateral lines
shall be in accordance with City Policy 2.03 Water and Sanitary Sewer Service
Maintenance and Repair Policy Adopted July 8, 2010, per Resolution 2010-144.
B. The City shall only be responsible for the maintenance of water lines
having a pipe equal to or greater than six inches in diameter and located within
public right-of-way or utility easements. Maintenance of service and lateral lines
2
shall be in accordance with City Policy 2.03 Water and Sanitary Sewer Service
Maintenance and Repair Policy Adopted July 8, 2010, per Resolution 2010-144.
C. The storm sewer improvements shall be owned and maintained by the City
and shall be located entirely within public right-of-way or dedicated public
easements.
D. The owner or the occupant of the Property shall be responsible to remove
snow or ice from adjacent public sidewalks within 48 hours after the snow
or ice has been deposited.
4. The Developer shall comply with the conditions of preliminary plat approval set
forth in City of Apple Valley Resolution No. 2017-118, a copy of which is attached hereto as
Exhibit “B” and incorporated herein.
5. The Developer shall comply with the conditions of building permit authorization
set forth in City of Apple Valley Resolution No. 2018-____, a copy of which is attached hereto
as Exhibit “C” and incorporated herein.
6. Subject to the provisions hereunder, the Developer shall grade the Property and
install improvements within the Property, in accordance with and under the following conditions:
A. To complete all improvements in conformance with the plans and
specifications submitted by the Developer and approved by the City,
including but not limited to the following plans prepared by Matthew R.
Pavek, Civil Site Group, dated June 7, 2017, and any subsequent revisions
as required by the City Engineer:
Sheet C2.0 Site Plan Overall
Sheet C2.1 Site Plan
Sheet C3.0 Grading Plan
Sheet C4.0 Utility Plan
Sheet L1.0 Landscape Plan (prepared by Patrick
Sarver, Civil Site Group, dated June
7, 2017)
Sheet L1.1 Landscape Plan Notes and Details
(prepared by Patrick Sarver, Civil
Site Group, dated June 7, 2017)
B. To install connections to municipal utilities and street improvements as
provided in the Plans set forth in Section 6 (A).
C. To construct sidewalk(s) and driveways with concrete or bituminous
material in accordance with City construction standards.
3
D. To seal or cause to be sealed all existing wells on the Property in
accordance with State, County and local laws.
E. To install a protective box and cover over each sewer cleanout and water
shutoff, to City specifications.
F. To install all lot monuments upon or before October 31, 2018.
G. To install and maintain all materials (trees, shrubs and sod) identified in
the City approved landscape plan.
H. The Developer agrees to comply with all requirements of the Natural
Resources management regulations as set forth in Chapter 152 of the
Apple Valley City Code prior to, during and after the development of the
Property. The Developer further agrees to submit to the City for its
approval, a Natural Resources Management Plan prior to any construction
or land-disturbing activity in connection with the development of the
Property. The Developer shall implement and comply with all terms and
conditions of the approved Plan prior to and during any construction or
land-disturbing activity, including, but not limited to, maintaining the
performance security required in Chapter 152 of the Apple Valley City
Code.
I. To install erosion control measures in accordance with the approved
Natural Resources Management Plan.
J. To submit a hauling and staging plan to the City for its approval, at
the time of Natural Resources Management Permit (NRMP) application.
K. To install each item noted in this Section 6 at the Developer's sole cost and
expense, in accordance with all plans reviewed and approved by the City.
L. To attend a preconstruction meeting with representatives of the City and to
require the attendance of all contractors and subcontractors, prior to
commencement of construction.
M. Developer will not bury any pipe nor install bituminous surface nor pour
concrete pursuant to implementing the Plans, without the specific approval
of the City Inspector, prior to the work being performed.
N. All “on-site” inspections by the City will be done at the sole cost and
expense of Developer, by persons supplied by the City.
O. The Developer shall repair any and all damage to City streets, curbs,
gutters, utilities and other municipal improvements caused by or resulting
4
from the development of the Property, at the Developer’s sole cost and
expense.
P. To deliver and to keep in existence with the City, a letter of credit or cash
escrow in the amount of $504,375.00 (“Financial Guaranty”) to secure the
performance and payment of the Developer's construction obligations
under this Agreement as they relate to the improvements designated by the
City in accordance with the provisions of Section 6 herein, in a form and
with terms to the sole satisfaction of the City, until all the construction
obligations are fulfilled.
Upon the issuance of a final certificate of occupancy for Lot 1, a written
request may be made to obtain a release of the Financial Guaranty. At the
time of final inspection of all improvements, if it is determined by the City
that the City approved plans and specifications were not strictly adhered to
or that work was done without City inspection, the City may require retain,
or require Developer to post, an amount equal to one hundred twenty-five
percent (125%) of the estimated amount necessary to correct the deficiency
or to protect against deficiencies arising therefrom. Such additional cash
escrow shall remain in force for such time as is necessary to complete the
improvement(s) in accordance with the approved plans and specifications.
[Additional security may be required in connection with the development of
Lot 2, which amount will be determined at the time of approval for the
issuance of a building permit(s).]
Q. To pay the City's reasonable costs related to the Property and this
Agreement, including but not limited to administration, engineering, legal
fees, inspection and enforcement. The City shall submit invoices to the
Developer with detailed descriptions of the services rendered by the City
in accordance with this Agreement. The Developer shall deposit the sum
of $3,000.00 with the City toward payment of the City's reasonable costs.
If the City's reasonable costs exceed the deposit, Developer agrees to
reimburse the City within thirty (30) days of billing. Should the costs be
less than the amount of the deposit, upon completion of the improvements,
the amount remaining on deposit shall be returned to the Developer.
R. That any material violation of the terms of this Agreement and in
particular this section, shall allow the City to stop and enjoin all
construction in the Property until authorization to proceed is given by the
City. The Developer agrees to hold the City harmless from any dama ges,
causes of action, or claims related to the construction being stopped by the
City.
7. The Developer agrees to install all utilities underground in the Property,
specifically including electrical, telephone, cable television and gas services. The Developer
5
hereby represents that all utility services will be available for a building prior to occupancy of
any dwelling in that respective building.
8. No occupancy of any building in the Property shall occur until water, sanitary
sewer, and a paved driving surface are available for use to that building.
9. Prior to the release of the plat for recording, the Developer shall:
A. Deliver to the City the Financial Guaranty (Section 6P).
B. Deposit the funds to the City (Section 6Q).
C. Pay the following trunk charges in the total amount of $17,574.00 for Lot 1:
Calculation Amount Due
Sanitary $303.00/58 SAC Unit $17,574.00
Total: $17,574.00
[Additional sanitary trunk charges will be due to the city in connection with the
development of Lot 2, which charges will be required to be paid at the time of building permit(s)
issuance.]
10. In addition to the trunk charges noted herein, upon submission of a building
permit application, the Developer agrees to pay the City for the public services furnished to the
Property, in an amount as determined below upon the basis of units (per building) as determined
by the City Engineer, which amount shall be paid in the following manner:
A. Sewer Availability Charge - The rate per unit is based on the year in which
the building permit is issued (presently $2,828.00 per unit - $2,485.00
Metro and $343.00 City). The person who applies for a building permit
shall pay, at the time of the issuance of the permit, an amount equal to the
rate times the number of units. This fee is subject to change if the
obligation of the City to the Metropolitan Waste Control Commission
changes.
B. Water System, Supply and Storage Charge - The rate per unit is based on
the year in which the building permit is issued (presently $933.00 per
unit). The person who applies for a building permit shall pay, at the time
of the issuance of the permit, an amount equal to the rate times the number
of units.
6
11. The parties mutually recognize and agree that park dedication requirements for
Lot 1, as provided in Chapter 153 of the City Code, shall be satisfied by a cash payment of
$184,100.00. Payment shall be made to the City prior to the release of the plat for r ecording. The
calculation of the park dedication payment is set forth in City of Apple Valley Resolution No.
2017-118.
[Addiitonal park dedication shall be due and payable to the City in connection with the
development of Lot 2 and shall be paid prior to the issuance of building permit(s).]
12. The parties mutually recognize and agree that storm water pond dedication
requirements, as provided in Chapter 153 of the City Code, shall be satisfied by dedication of
drainage and utility easements on the plat, and grading the property and installing the utilities
pursuant to approved plans.
13. The Developer agrees to install and pay for a public (or private) street lighting
system for the Property, in accordance with City and Dakota Electric Company standards.
14. The Developer agrees to provide the City with as-built surveys for any building
constructed within the Property, prior to the issuance of the Certificate of Occupancy for that
building.
15. The Developer agrees to reimburse the City for all engineering, administrative
and legal costs and expenses incurred by the City in connection with this Agreement or the
enforcement thereof.
16. The Developer agrees to execute and record with the plat an Access Restriction
Easement to restrict vehicular access to Galaxie Avenue, in the form attached hereto as Exhibit
“D”.
7
17. The Developer shall prepare and deliver to the City’s Attorney, for approval,
shared cross-access and parking easements over, across and upon the areas of the plat dedicated
for access and parking.
18. The Developer shall deliver to the City copies of the recorded documents to
evidence that the Developer has complied with its recording obligations under this Agreement.
19. The Developer hereby specifically releases the members of the City Council from
any personal liability in connection with handling funds pursuant to the terms of this Agreement,
and further agrees to indemnify and hold the members of the City Council harmless from any
claim, of any and every nature whatsoever, as a result of this Agreement, the plat and the
development of the Property.
20. This Agreement shall terminate upon issuance of the final certificates of occupancy
and completion of Developer’s obligations under this Agreement. Upon written request from
Developer, the City will release, be means of a recordable document, one or more lots from all or
specific obligations of the Developer under this Agreement, provided the obligation from which
Developer seeks to be released has been fully completed in conformance with the terms of this
Agreement.
21. The parties mutually recognize and agree that all terms and conditions of this
Agreement shall run with the Property and shall be binding upon the respective heirs,
administrators, successors and assigns of the Developer.
IN WITNESS WHEREOF, the parties have hereunto set their hands this day of
______________, 2018.
8
Development Agreement
Developer’s Signature Page
DEVELOPER:
Village Pointe Plaza LLC
a Minnesota limited liability company
____________________________________
By: Timothy F. Nichols
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF ________ )
On this _____ day of _____________________, 2018, before me a Notary Public within
and for said County, personally appeared Timothy F. Nichols, who being by me duly sworn, did
say that he is the President of Village Pointe Plaza LLC, a Minnesota limited liability company
named in the instrument, and that said instrument was signed on behalf of said company as the
free act and deed of the company.
______________________________
Notary Public
9
Development Agreement
City’s Signature Page
CITY OF APPLE VALLEY
________________________________
By: Mary Hamann-Roland
Its: Mayor
________________________________
By: Pamela J. Gackstetter
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this day of _____________, 2018, before me a Notary Public within and for said
County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that
the seal affixed on behalf of said municipality by authority of its City Council, and said Mayor
and Clerk acknowledged said instrument to be the free act and deed of said municipality.
_____________________________
Notary Public
This instrument was drafted by:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, Minnesota 55124
(952) 432-3136
MGD/sad (66-37171)
EXHIBIT A
EXHIBIT B
Exhibit “C” to Development Agreement
PLEASE SEE ATTACHED
1
NON-EXCLUSIVE LICENSE
This Non-Exclusive License (“License”) is made this ____ day of _____, 2018 (“License
Date”), by and between the City of Apple Valley, a Minnesota municipal corporation, (“City”)
and Zvago Cooperative at Central Village, a Minnesota cooperative and its successors and
assigns (collectively “Licensee”). The City and Licensee are jointly hereinafter referred to as
“Parties”, and individually as “Party”.
WHEREAS, Licensee is the owner of real property located in Apple Valley, County of
Dakota, State of Minnesota and legally described as Lot 1, Block 1, Village Pointe Plaza
(“Property”), and intends to construct a building thereon, including decks and stairs as depicted
in the Development plan attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, The Licensee dedicated a drainage and utility easement to the public
pursuant to the Plat of Village Pointe Plaza, recorded in the Office of the County Recorder,
Dakota County, Minnesota on ________________ as Document No. ________ (“Easement”);
and
WHEREAS, Licensee intends to build various decks, staircases and sidewalks
connecting seven (7) building entrances to the City sidewalks (collectively “Encroachments”) on
and over the Property that encroach upon portions of the Easement as depicted on Exhibit A (the
“Encroachment Area”); and
WHEREAS, Licensee seeks permission to construct and allow the Encroachments to
remain as depicted on Exhibit A; and
WHEREAS, the City is willing to grant a non-exclusive license to the Licensee, subject
to the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
Licensee agree as follows:
1. Definitions. Unless the language or context clearly indicates that a different
meaning is intended, the following terms shall have the meaning ascribed to them.
2
a. “Drainage Service Facilities” are defined to include, but are not limited to,
any equipment, pipe, drain tile, catch basin, holding pond, culvert, grate,
ditch, grading, aeration equipment, infiltration beds, retaining walls, chemical
treatment, vegetative materials, and other devices used to regulate and control
the volume, rate, and quality of storm water runoff and carry rain, melting
snow, and other clear water (not wastewater) to streams, ponds, or other water
bodies as contemplated by the City storm water sewer system (See Section
51.06(A)-(B) and Chapter 52 of the Apple Valley Code of Ordinances).
b. “Improvements” is defined as construction, modification, repair or
maintenance of a building, deck, patio, fence, electrical (including low
voltage), plumbing, landscaping, ditch, drain, clearing, and all other necessary
or useful labor of permanent value to the Property.
c. “Utility Service Facilities” are defined to include, but are not limited to, any
lines, pipes, mains, cables, couplings, stop boxes, clean outs, stop and waste
valves, curb stop valves and other related valves, meters, fire hydrants, placed
within a drainage and utility easement for purposes of operating the water and
sanitary sewer systems contemplated by Chapter 51 of the Apple Valley Code
of Ordinances, and all facilities necessary for services provided by:
(1) A public utility as defined in Minnesota Statutes;
(2) A telecommunications, pipeline, community antenna television,
fire and alarm communications, electricity, light, heat, cooling
energy, or power services;
(3) A district heating or cooling system; or
(4) A cable communication system as defined in Minnesota Statutes.
2. License for Encroachment Purposes. The City hereby grants to the Licensee,
its successors and assigns, a non-exclusive license to encroach on and over the Encroachment
Area for use and enjoyment, maintenance, modification and replacement of the Encroachments.
This License is subordinate to the rights of those authorized by Apple Valley Code of
Ordinances to use the drainage and utility Easement. Licensee is strictly prohibited from
interfering with the construction, reconstruction, modification, operation or maintenance of
current or future Utility Service Facilities or Drainage Service Facilities located within the
Easement.
3. Term. The term of this License shall begin on the License Date and continue
until terminated as provided herein.
4. Condition of Property. The City makes no representation or warranty as to the
condition or suitability of the Encroachments or the Property’s ability to support the same.
Licensee, its successors and assigns, shall be responsible for maintaining the Encroachments and
Property in a manner that is in compliance with Apple Valley Code of Ordinances.
5. Improvements. Licensee shall not make Improvements within the Easement
other than those expressly described herein without obtaining a written amendment to this
3
License, except for the type of Improvement that is allowed by a property owner within a
drainage and utility easement pursuant to Apple Valley Code of Ordinances. Notwithstanding
the initial construction of the Improvements, Licensee, its successors and assigns, shall provide
at least thirty (30) calendar days written notice to the City of its intent to replace any of the
Improvements. This License shall in no way limit Licensee’s ability to make Improvements to
those portions of the Property that are not within the Easement. The City reserves, on behalf of it
and those entities authorized pursuant to Apple Valley Code of Ordinances, the right and
privilege, but not the obligation, to construct, reconstruct, modify, operate and/or maintain
Drainage Service Facilities and Utilit y Service Facilities within the Easement, now and in the
future.
6. Damage to the Utility Service Facilities and Drainage Service Facilities
within the Easement. Licensee shall be liable to the City, and hold the City harmless, for any
costs, damages and reasonable attorneys’ fees incurred by the City as a result of damage to the
Utility Service Facilities and Drainage Service Facilities within the Easement caused
intentionally or negligently by the Licensee or any of Licensee’s agents, employees, tenants,
invitees and/or guests.
7. Indemnification. Licensee shall indemnify and hold harmless the City, its agents
and employees, from and against all claims, damages, losses and expenses, including but not
limited to attorneys' fees, arising out of or resulting from bodily injury, sickness, disease or death,
or to injury to or destruction of tangible property, including the loss of use resulting therefrom,
which are caused in whole or in part by any act or omission of Licensee and any of Licensee’s
agents, employees, tenants, invitees and/or guests while encroaching upon the Encroachment
Area.
8. Construction of Utility Service Facilities and Drainage Service Facilities. The
City shall provide Licensee with written notice of any construction, reconstruction, modification,
replacement, repair or maintenance of Utility Service Facilities and Drainage Service Facilities
(collectively “Utility & Drainage Construction”) within the Easement. If the City requests in the
written notice that certain Encroachments be removed before commencement of Utility &
Drainage Construction, Licensee shall remove those Encroachments from that portion of the
Easement as identified in the written notice by the date identified in the written notice of Utility
& Drainage Construction. The City may, but is not obligated to, remove those Encroachments
from the Easement subsequent to the date identified in the written notice and collect the cost and
expense of doing so from Licensee, its successors and assigns, or otherwise assess the Property
as allowed by law. The City shall provide further written notice to Licensee once the City
determines that the Utility & Drainage Construction has been completed. Licensee may reinstall
at Licensee’s expense those Encroachments that Licensee removed at the same location once
Licensee receives written notice that the Utility & Drainage Construction has been completed.
9. Termination. Either the City or Licensee may terminate this License upon
providing written notice of termination to the other party at least ninety (90) calendar days before
the termination date identified in the written notice. Termination of the License by either Party
shall have no effect on either the rights and/or obligations established by the Easement.
4
10. Default. Licensee shall be deemed in default if it fails to perform or comply with
any of its obligations under this License. In the event of default by Licensee, the City may
provide written notice to Licensee of default, which Licensee must cure within fourteen (14)
calendar days from the date of the written notice (“Cure Period”). If Licensee fails to address the
default to the City’s satisfaction within the Cure Period, the City may terminate this License and
remove Licensee’s Improvements from the Encroachment Area, except those that are allowed by
a property owner within a drainage and utility easement pursuant to Apple Valley Code of
Ordinances. In the event of a default by Licensee, the Licensee shall reimburse the City for all
costs and expenses incurred by the City in connection with enforcing this License, including, but
not limited to, the City’s attorneys’ fees and cost of removal of Licensee’s Improvements.
16. Notices. All notices, requests, demands, and other communications hereunder
shall be in writing and shall be deemed given if personally delivered or by overnight carrier to
the following addresses:
If to City, to: City of Apple Valley
7100 147th Street West
Apple Valley, MN 55124
Attn: City Administrator
With a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
Attn: Michael G. Dougherty, City Attorney
If to Licensee, to: Zvago Cooperative at Central Village
3530 Lexington Avenue N., #100
Shoreview, MN 55126
Attn: Julie Murray
With a copy to: Gray, Plant, Mooty, Mooty & Bennett, P.A.
500 IDS Center
80 S. 8th St.
Minneapolis, MN 55402
Attn: Catherine L. Sjoberg
17. Successors and Assigns. This License and conditions imposed herein shall be
binding upon and inure to the benefit of Licensee, its successors and assigns. Licensee may
assign this License without the prior consent of the City to any subsequent purchaser or lessee
of the Property to which this License is subject.
18. Miscellaneous.
a. Authority. City and Licensee represent that each, respectively, has full right,
power, and authority to execute this License.
5
b. Governing Law. This License shall be construed in accordance with the laws
of the State of Minnesota.
c. Force Majeure. Notwithstanding any other provisions in this License, no
default, delay or failure to perform on the part of either party shall be
considered a breach of this License if such default, delay or failure to perform
is shown to be due to causes beyond the reasonable control of the defaulting
Party, including but not limited to, causes such as riots, civil disturbances,
actions or inactions of governmental authorities or suppliers, epidemics, war,
embargoes, severe weather, fire, earthquakes, acts of God or the public
enemy, or nuclear disasters (a “Force Majeure Event”).
d. Third Party Beneficiaries. Nothing herein expressed or implied is intended or
shall be construed to confer upon or give any person other than the Parties
hereto, and their permitted successors and assigns, any rights or remedies
under or by reason of this License.
e. No Waiver. No term or provision hereof shall be deemed waived and no
breach excused, unless such waiver or consent shall be in writing and signed
by the Party claimed to have waived or consented. Any consent by either
Party to, or waiver of, a breach by the other, whet her express or implied, shall
not constitute consent to, waiver of, or excuse for any other different or
subsequent breach.
f. Survival of Obligations. The Licensee’s obligations under this License shall
survive the termination of this License.
IN WITNESS WHEREOF, the undersigned have executed this License.
[Signatures on next page.]
6
Zvago Cooperative at Central Village
Dated: ______________________ ___________________________________
By: ________________
Its: ________________
STATE OF MINNESOTA )
) ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this ______ day of
_________________, 2018, by ________________who being by me first duly sworn, did say
that he or she is the ________________ of Zvago Cooperative at Central Village a Minnesota
cooperative, on behalf of said cooperative.
_____________________________
Notary Public
City of Apple Valley
Dated: ______________________ ___________________________________
By: Mary Hamann-Roland
Its: Mayor
Dated: ______________________ ___________________________________
By: Pamela J. Gackstetter
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _____ day of _______,
2018, by Mary Hamann-Roland and Pamela J. Gackstetter, respectively the mayor and city
administrator of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the
City of Apple Valley.
_____________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
7
EXHIBIT A
DEVELOPMENT AGREEMENT
UPE7E6E6E7E7E64A810Typ.4A810Typ.2A810SimA81011Typ.A8105TYP.4 1/4"12'-0 1/2"4 1/4"4 1/4"10'-1 1/2"4 1/4"A81011Typ.2A810Sim4A810Typ.5A8116A811A81011Typ.A8105TYP.13A810Typ15A810TypE6E7E7E7E6E64 1/4"12'-0 1/2"4 1/4"5'-0"6'-1"6A811SimA81011Typ.A8105TYP.15A810Typ13A810Typ4 1/4"10'-1 1/2"4 1/4"SEE CIVIL FOR GRADESTREADS @ 11" - NUMBER VARIES6'-1"5'-0"4'-0"1'-0"10A8114Level 1100'-0"F6A811MODIFIED GRADE TO MATCH BOTTOM OF STAIR -SEE CIVILENSURE REQUIRED CLEARANCE ON PUSH SIDE OF DOORTOP RISER FASTENED TO DOUBLE RIM/POSTRAIL HEIGHT3'-6"95'-11"Level 1100'-0"105A811TYPICAL CURTAIN WALL ASSEMBLY -SEE PLAN FOR ALTERATIONS DECKING TO EXTEND 1" PAST RAILING AND STAIR STRINGERDOUBLE RIM BOARD FASTENED TO POST4x4 WOOD POSTS AT 16" SONOTUBES. EXTEND 5'-0" MIN. BELOW GRADE. SEE STRUCTURALJOIST94'-9"95'-11"4Level 2(Level 3 SIM.)8"6'-2"WOOD BEAM & HANGER -see STRUCT.GRID-LINE2x LEDGERS & JOISTS -see STRUCT.COMPOSITE WOOD DECKINGCLOSED CELL POLY SPRAY-APPLIED FOAM INSULATION -MAINTAIN THICKNESS TO PROVIDE MIN. REQUIRED R-VALUES AND TO ACT AS A VAPOR RETARDERCONTINUOUS MTL FLASHING BUILDING PAPERCFB PANELA8104Typ.2x WOOD BEAM -see STRUCT.BUILDING PAPERCOMPOSITE DECKING -TO EXTEND 1" PAST END OF RIM BDCFB PANEL HELD DOWN FOR DRIP EDGEALUMINUM SCREEN FRAME SYSTEMVENTED ALUMINUM SOFFIT PANELPREFINISHED METAL FLASHING BOTTOM RAILBALUSTERDRAINAGE MAT -DO NOT ADHERE TO MEMBRANE (VERIFY w/MTR INSTRUCTIONS)COMPOSITE ROOF PAVERS & INSTALLATION GRID2"ALUMINUM EDGE FLASHING w/WEEPSALUMINUM FRAME w/SCREENSTRIP-IN MEMBRANE LAPPED OVER APRON LAP MEMBRANE OVER EDGE AND COVER WITH PREFIN. MTL. DRIP EDGE APRONCLOSED CELL POLY SPRAY-APPLIED FOAM INSULATION -MAINTAIN THICKNESS TO PROVIDE MIN. REQUIRED R-VALUES AND TO ACT AS A VAPOR RETARDER8"1'-4"CLOSED CELL POLY SPRAY-APPLIED FOAM INSULATION -MAINTAIN THICKNESS TO PROVIDE MIN. REQUIRED R-VALUES AND TO ACT AS A VAPOR RETARDER1x CFB TRIMCONTIN. MTL. FLASHINGLEVEL 2111'-1 7/8"3/4" MAX.CONT. SEALANT BEAD Level 1100'-0"1A6014x4 WOOD POSTS16" SONOTUBES. EXTEND 5'-0" MIN. BELOW GRADE. SEE STRUCT.VERIFY FINAL GRADE ELEVATION WITH CIVILPREFINISHED ALUMINUM RAILTYPICAL TREAD DEPTH = 11"TYPICAL RISER HEIGHT TO BE 6" MIN., 7" MAX.WALK-UP DECK FASTENED TO WOOD POSTS & SCREENED-IN BALCONY WITH NUTS & THROUGH-BOLTS FOR REMOVABILITYLINK WILSONREG. NO: 21629I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED UNDER MY DIRECT SUPERVISION AND THAT I AM A REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA.DateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated3/13/2018 4:00:40 PMC:\Revit Local\1575-Ecumen_AppleValley_CentralVillageSeniorCoOp_v5_ewilliams.rvtExterior Details -Decks09/05/171575Zvago, Central VillageOneTwoOne DevelopmentA8117070 153rd St WApple Valley, MN 55124Electrical:Wunderlich-Malec6101 Blue Circle DriveEden Prairie, MN 55343Phone: (952) 933-3222Fax: (952) 933-0608www.wmeng.comMechanical:Kenneth S. Kendle, P.E.19900 Oakcrest Ave, Suite 1Roseville, MN 55113-2618Phone: (651) 633-3955Fax: (651) 633-7722Structural:BKBM Engineers6120 Earle Brown Dr,Suite700Minneapolis, MN 55430-2189Phone: (763) 843-0420Fax: (763) 843-0421www.bkbm.comCivil/Landscape:Civil Site Group4931 W. 35th St, Suite 200St. Louis Park, MN 55416Phone: (612) 615-0060www.civilsitegroup.com3530 Lexington Avenue NShoreview, MN 551261/2" = 1'-0"1Enlarged Plan - Screened Deck @ D2, D41/2" = 1'-0"2Enlarged Plan - Screened Deck1/2" = 1'-0"3Enlarged Plan - Screened Deck @ Walk-UpD2, D41/2" = 1'-0"4Enlarged Plan - Screened Deck @ Walk-Up1/2" = 1'-0"5Deck Elevation - Exterior Stair Walk-Up @Unit D1, #1021/2" = 1'-0"6Deck Elevation - Exterior Stair Walk-Up @Unit D1, #102 (2)1 1/2" = 1'-0"7Balcony Stack 2 - Section 1 @ 2nd Floor(3rd SIM.)1 1/2" = 1'-0"81437 - Deck - Section @ Entry AboveVestibule1Rev. No.RevisionDate1Permit Set10/02/174City Planning Response I02/20/18441/2" = 1'-0"10Section 31
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 - ___
PLANNED DEVELOPMENT AGREEMENT APPROVAL
VILLAGE POINTE PLAZA/ ZVAGO APPLE VALLEY
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 Chapters 153 and 155 of the City Code, the City Planning
Commission held a public hearing on an application for zoning amendments to Planned
Development No. 739, Zone 2, on August 17, 2016; and
WHEREAS, the City Planning Commission recommended its approval of the zoning
amendments on June 21, 2017; and
WHEREAS, the City Council approved the zoning amendments to Planned Development
No. 739, Zone 2 on July 27, 2017; and
WHEREAS, pursuant to Chapter 155 of the City Code and the Planned Development
agreement between the applicant and the City detailing the conditions of approval of the
amendments to Planned Development No. 739 for the Village Pointe Plaza/Zvago Apple Valley
development has been prepared.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the Planned Development agreement for the following
described plat of land are hereby approved and the Mayor and City Clerk are authorized to sign
the same, to wit:
VILLAGE POINTE PLAZA
ADOPTED this _____th day of ________, 2018.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
As Apple Valley City Clerk, I hereby certify that the forgoing is a true and correct copy
of a resolution adopted by the City Council on ______ ____, 201___, and is hereby released for
recording with the Dakota County Recorder this _____day of __________________, _____.
________________________________________
Pamela J. Gackstetter, City Clerk
PLANNED DEVELOPMENT AGREEMENT
VILLAGE POINTE PLAZA
THIS PLANNED DEVELOPMENT AGREEMENT (“Agreement”) is made by and
between the City of Apple Valley, a Minnesota municipal corporation, (hereinafter the “City”)
and Village Pointe Plaza LLC, a Minnesota limited liability company (hereinafter the “Owner”).
WHEREAS, the Owner is the fee title holder of real property in Dakota County,
Minnesota, legally described as the plat of Village Pointe Plaza (the “Property”), which is
governed by this Agreement; and
WHEREAS, the Owner and the City desire to provide for development of the Lot 1,
Block 1, Village Pointe Plaza in accordance with Planned Development Designation No. 739,
Zone 1; and
WHEREAS, the Owner and the City desire to provide for development of the Lot 2,
Block 1, Village Pointe Plaza in accordance with Planned Development Designation No. 739,
Zone 4; and
WHEREAS, the parties hereby acknowledge that this Agreement and the plans and
specifications submitted by Owner and approved by the City constitute the Planned Development
Agreement for the Property;
NOW, THEREFORE, it is hereby agreed by and between the parties as follows:
1. This Agreement applies to the development and use of the Property.
2. The Owner agrees that its development and use of the Property shall, in all
material respects, comply with Apple Valley City Code Chapter 155, Appendix F-Article A31,
governing Planned Development Designation No. 739, Zones 1 and 4, and the following Exhibit
attached hereto and incorporated herein:
Exhibit A Conditions of Preliminary Plat Approval
2
The Owner further agrees that its development and use of the Property shall comply with all
plans and specifications submitted by the Owner and approved by the City, which are
incorporated herein by reference. All of the plans and specifications are available for inspection
in full-size format at the Apple Valley Municipal Center.
3. Minor deviations from the above plans may be accepted by the City provided that
the Community Development Director makes a written determination that the revised plans are
in general conformance with the above-listed plans.
4. This Agreement may be amended from time to time as the parties may agree. Any
such amendment must be in writing and signed by both parties. Furthermore, the development
plans may be amended upon application by the Owner and approval of the City, pursuant to
Apple Valley City Code. Amendments to the development plans, once approved, shall become
Exhibits hereto and shall be fully binding upon the parties as if fully set forth herein.
5. This Agreement shall be binding upon and inure to the benefit of the parties and
their respective successors and assigns.
6. This Agreement shall run with the Property and shall be recorded in the Office of
the Dakota County Recorder or Registrar of Titles.
7. This Agreement shall be governed by and construed under the laws of the State of
Minnesota.
8. Should any provision of this Agreement be held to be void, invalid, unenforceable
or illegal by a court, the validity and the enforceability of the other provisions shall not be
affected thereby. Failure of either party to enforce any such provision shall not act as a waiver by
the non-defaulting party.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of
the _____ day of _____________, 2018.
Village Pointe Plaza LLC
a Minnesota limited liability company
___________________________________
By: Timothy F. Nichols
Its: President
CITY OF APPLE VALLEY
________________________________
By: Mary Hamann-Roland
Its: Mayor
3
________________________________
By: Pamela J. Gackstetter
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF _________ )
On this _____ day of _____________________, 2018, before me a Notary Public within
and for said County, personally appeared Timothy F. Nichols, who being by me duly sworn, did
say that he is the President of Village Pointe Plaza LLC, a Minnesota limited liability company,
and acknowledged said instrument to be the free act and deed of the limited liability company.
______________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ________ )
On this day of _____________, 2018, before me a Notary Public within and for said
County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that
the seal affixed on behalf of said municipality by authority of its City Council and said Mayor
and Clerk acknowledged said instrument to be the free act and deed of said municipality.
_____________________________
Notary Public
This instrument was drafted by:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, Minnesota 55124
(952) 432-3136
MGD (66-35360)
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-118
PRELIMINARY PLAT APPROVAL
VILLAGE POINTE PLAZA ADDITION
WHEREAS,pursuant to Minnesota Statutes 462.358,the City of Apple Valley adopted, as
Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and
WHEREAS,pursuant to Chapter 153 of the City Code,the City Planning Commission held
a public hearing on an application for subdivision of land by plat on August 17, 2016; and
WHEREAS,the City Planning Commission reviewed the preliminary plat for conformance
with the standards of Chapter 153 of the City Code and made a recommendation regarding its
approval on June 21,2017, subject to conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota,that the preliminary plat for the following described plat of
land is hereby approved for a two year period,to wit:
VILLAGE POINTE PLAZA
BE IT FURTHER RESOLVED,pursuant to Chapter 153 of the City Code,that said
preliminary plat approval is subject to the following conditions, which shall be incorporated into a
development agreement to be considered for approval at the time of submission of the request for
final plat approval:
1.The plat shall be configured to have one(1) lot and one (1) outlot.
2.Park dedication requirements are based upon the City's finding that the
subdivision will create 110.2 residents/occupants that will generate a need for
1.052 acres of parkland in accordance with adopted City standards for park
services.
This required dedication shall be satisfied by a cash-in-lieu of land
contribution based on 1.052 acres of needed land area at a benchmark land
value of$175,000 per acre,which the City reasonably determines that it will
need to expend to acquire land elsewhere in order to provide the necessary
park services as a result of this subdivision.
3. A cross-access and cross-parking agreement shall be executed between the
senior cooperative and Outlot A and filed with the two property deeds at the
time of filing of the final plat.
EXHIBIT A
4.A License to Encroach Agreement shall be executed for the removable metal
stairs that encroach into Ciiy's drainage and utility easements.
5.Stormwater pond requirements have been satisfied previously.
6.Dedication on the final plat of a ten foot(10') wide easement for drainage,
utility, street, sidewalk, street lights, and tree plantings along the entire
perimeter of lot(s)within the plat wherever abutting public road right-of-
ways.
7. Dedication on the final plat of a five foot(5')wide drainage and utility
easement along all common lot lines.
8.Installation of municipal sanitary sewer,water, storm sewer, and street
improvements as necessary to serve the plat, constructed in accordance with
adopted City standards, including the acquisition of any necessary easements
outside the boundaries of the plat which are needed to install connections to
said necessary improvements.
9.Installation of pedestrian improvements in accordance with the City's
adopted Trail and Sidewalk Policies.
10. Submission of a final grading plan and lot elevations with erosion control
procedures,to be reviewed and approved by the City Engineer. If the site is
one (1) or more acres in size the applicant shall also submit a copy of the of
the General Storm Water Permit approval from the Minnesota Pollution
Control Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100.
regarding the State NPDES Permit prior to commencement of grading
activity.
11. Dedication of one foot(1')wide easements which restrict direct driveway
access to Galaxie Avenue.
12. Installation of a public(or private) street lighting system, constructed to City
and Dakota Electric Company standards.
13. Construction and earthmoving activities shall be limited to the hours of 7:00
a.m.to 7:00 p.m. Monday through Friday. Weekend construction hours shall
be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction
shall not be performed on Sundays or federal holidays.
14. The City receives a hold harmless agreement in favor of the City as drafted
by the City Attorney and incorporated into the development agreement.
2
ADOPTED this 27th day of July, 2017.
4 m
M and, ayor
ATTEST:
0.yt-.0
Pamela J. Ga k te , City Clerk
CERTIFICATE
I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true
and correct copy of a resolution adopted by the City Council on July 27, 2017, the original of
which is in my possession, dated this day of 20_.
Pamela J. Gackstetter, City Clerk
3
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 - __
A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT
FOR ZVAGO APPLE VALLEY
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout
the City; and
WHEREAS, said regulations provide that issuance of a building permit for commercial,
industrial, and multiple residential uses require the specific review and approval of development
plans by the Apple Valley Planning Commission and City Council; and
WHEREAS, approval of such a building permit issuance has been requested for the above
referenced project; and
WHEREAS, the Apple Valley Planning Commission has reviewed the development plans
and made a recommendation as to their approval at a public meeting held on June 21, 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 Zvago Apple Valley
is hereby authorized, subject to compliance with all City Codes the following conditions:
1. Approval of the Building Permit is subject to execution of a development
agreement.
2. Approval of the Building Permit is subject to execution of a planned development
agreement.
3. If the Building Permit is not paid for and issued within one (1) year of the date of
approval, the approval shall lapse.
4. The Building Permit shall be applicable to property identified as Lot 1, Block 1,
Village Pointe Plaza.
5. Construction shall occur in conformance with the site plan dated June 7, 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.
6. Construction shall occur in conformance with the landscape plan dated June 7,
2017, including sodded/seeded public boulevard area up to each street curbline;
subject to submission of a nursery bid list that confirms that the landscape
2
plantings meet or exceed 2-1/2% of the value of the construction of the building
addition. Landscape materials may include plant materials, underground irrigation
systems, public art, fountains, decorative paving, and other outdoor common area
elements that create an enhanced sense of place and fosters positive social
interactions.
7. Construction shall occur in conformance with the elevation plan received in City
Offices on June 13, 2017.
8. The civil construction plans submitted at the time of application of the building
permit shall be subject to final review and approval of the City Engineer.
9. A hauling and staging plan shall be submitted prior to issuance of building permit
and/or natural resources management permit (NRMP) specifying all on-site and
off-site construction staging for material storage, construction traffic/ hauling,
construction parking and shoring. The plan shall be mapped and strictly adhered
to and is subject to final review and approval by the City Engineer.
10. Site grading shall occur in conformance with a Natural Resources Management
Plan (NRMP) which shall include final grading plan to be submitted for review
and approval by the City Engineer; subject to the applicant submitting a copy of
the General Storm Water Permit approval, if required, from the Minnesota
Pollution Control Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100
regarding the State NPDES Permit prior to commencement of grading activity.
11. The petitioner shall review the location of the Founders Lane sidewalk connection
on the southwest side of the building to ensure that it connects with the “plaza area
and trail” that has been dedicated on the property south of Founders Lane. A plaza
and trail are planned that will connect to the trail system around the two cell pond
to the south.
12. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks
with deflector shields which confines the light to the property. The lighting plan
shall be reviewed and approved by the planner prior to issuance of the building
permit.
13. Approval of a signage plan is not included with this site plan and building permit
authorization. A separate application and signage plan in conformance with the
sign regulations must be submitted for review and approval to the City prior to the
installation of any signs.
14. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m.
to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited
to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be
performed on Sundays or federal holidays.
3
15. 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.
16. 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.
17. The ongoing use and occupancy of the premises is predicated on the ongoing
maintenance of the structure and all required site improvements as listed in the
preceding. No alteration, removal, or change to the preceding building plans or
required site improvements shall occur without the express authorization of the
City. Site improvements which have deteriorated due to age or wear shall be
repaired or replaced in a timely fashion.
BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance
is subject to a finding of compliance of the construction plans with the Minnesota State Building
Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform
Fire Code, as determined by the Apple Valley Fire Marshal; and
ADOPTED this ____th day of ____, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
4
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 ______ ___, 201__, the
original of which is in my possession, dated this _____day of ______________________, 20__ .
____________________________________
Pamela J. Gackstetter, City Clerk
VILLAGE POINTE PLAZN
ZVAGO APPLE VALLEY
LOCATION MAP
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ZVAGO COOPERATIVE LIVING CENTRAL VILLAGEApple Valley, MNPerspective
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3/22/2018
1
Zvago Apple Valley/
Village Pointe Plaza
City Council Meeting March 22, 2018
Requested Actions
1.Final Plat and Development Agreement
2.Planned Development Agreement
3.Site Plan/Building Permit Authorization
3/22/2018
2
Central Village - Location
Comp Plan
3/22/2018
3
Zoning (Approved)
Final Plat
3/22/2018
4
Village Pointe Plaza
Overall Site Plan
Landscape Plan
3/22/2018
5
Landscape Plan Central Green
Floor Plan 1st Floor
3/22/2018
6
Floor Plan 2nd Floor
Elevations
3/22/2018
7
Elevations
Rendering
3/22/2018
8
Rendering
Livable Communities
Demonstration Account Grant
•Triangle property went to tax forfeiture. City
acquired it to ensure property wouldn’t languish
in market or be sold off at auction.
•City awarded $1,148,639 grant to help off-set
cost of the purchase of the property.
•Grant will be used to ensure a compact,
walkable, mixed-use development is created.
•A tool to ensure the City’s vision for the Central
Village and this triangle is implemented.
3/22/2018
9
Planning Commission Actions
At its meeting of June 21, 2017, the Apple Valley
Planning Commission voted unanimously to
recommend approval of the project with
conditions.
City Council Actions
At its meeting of July 27, 2017, the City Council
voted unanimously to approve Village Pointe
Plaza Zoning Amendments and Preliminary Plat.
Recommended Actions
The following motions would approve the project in
accordance with the Planning Commission
recommendation:
1.Adopt resolution approving Final Plat and Development
Agreement of Village Pointe Plaza, subject to minor
modifications as approved by the City Administrator
and City Attorney.
2.Adopt resolution approving Planned Development
Agreement.
3.Adopt resolution approving site plan/building permit
authorization for 58-unit senior cooperative building on
Lot 1, Block 1, Village Pointe Plaza (7070 – 153rd Street
W.)
3/22/2018
10
Questions?
I T E M: 5.B.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Regular A genda
Description:
Quarry P onds F ifth Addition
S taff Contact:
Thomas L ovelace, City Planner
Department / Division:
Community Development Department
Applicant:
Rockport, L L C
P roject Number:
P C18-04-Z S
Applicant Date: 1/8/2018 60 Days: 3/8/2018 120 Days: 5/7/2018
AC T I O N RE Q UE S T E D:
1. Pass an ordinance rezoning property from "S G" (Sand and Gravel) to "P D-975/zone 1"
(Planned Development).
2. Pass an ordinance amending "PD-975" to allow for a minimum front yard building
setback of 25 feet for lots that contain a minimum of 52 feet of an existing underground
pipeline easement. (Recommend waiving second reading)
3. Adopt a resolution approving the Quarry Ponds Fifth Addition preliminary plat.
S UM M ARY:
Rockport, LLC , originally requested the following:
1. Rezoning of 15.22 acres from "S G" (Sand and Gravel) to "PD-975/zone 1" (Planned
Development)
2. Subdivision by preliminary plat of 15.22 acres into 42 single-family residential lots.
T he applicant also asked the C ity to consider a zoning amendment to allow a 5-foot
reduction from the minimum required front yard setback of 30 feet for the lots where half of a
104-foot wide underground pipeline easement runs over and across the rear of the
property. T his was included with their other requests presented at the February 7, 2018
public hearing. No comments were received on the three requests and the public hearing was
closed.
On February 21, 2018, the Planning Commission considered the proposed rezoning, zoning
amendment, and preliminary plat and voted unanimously (4-0) for approval as
recommended by staff.
B AC K G RO UND:
Comprehensiv e P lan: T he site is designated on the City’s Comprehensive Plan Land Use
Map “LD” (Low Density Residential/2-6 units per acre). T he “LD ” is designed to
accommodate residential developments that range from two to six units per acre and include
most of the existing single-family residential areas that are zoned “R-1”, “R-2”, “R-3”, and
“R-C L”. Other zoning districts eligible for this land use category include “R-5” (two family);
“M-1”, “M-2”, and “M-3” (multiple family); and “PD” (planned development). T he proposed
42-lot single-family residential development on 15.22 acres will have a gross density of 2.75
units per acre, which exceeds the minimum required density within the “LD” designation.
Livable C ommunities I mpact: T he proposal will create 42 market-rate single-family
dwelling units to the C ity’s existing housing stock, which is consistent with the following
Livable C ommunities Act principles:
Provide a balanced supply of housing supply, with housing available for people of all
income levels; and
Provide a variety of housing types for people in all stages of the life cycle.
Zoning: T he property is currently zoned “SG” (Sand and Gravel), which allows limited
agricultural pursuits, including crop and plant production and commercial greenhouses and
nurseries as permitted uses, and sand and gravel mining as a conditional use. T he property is
part of a large sand and gravel mining operation, of which, portions of the operation area such
as this have been reclaimed for development.
T he applicant has requested a rezoning of the property from “SG ” to a “P D-975/zone 1”
(Planned Development). T his planned development designation has established uses, area
requirements, and performance standards for the planned development district, consistent with
the existing single-family residential developments within the “P D” district. T he minimum lot
area and lot width within this “PD ” district is 8,450 sq. ft. and 60 feet for an interior lot, and
10,400 sq. ft. and 80 feet for a corner lot. All lots meet the minimum lot area and lot width
requirements.
T he proposed development is located on property that is part of a sand and gravel mining
conditional use permit (C .U.P.). T his proposal will end the ability to mine the property.
T herefore, the owner will need to formally release this property from the sand and gravel
mining C .U.P. Staff will work with the developer and property owner with the appropriate
changes to their C .U.P.
Mining operations will continue north and east of the proposed development, which could
result in potential conflicts. T his will need to be addressed through the zoning code
regulations and approved conditional use permits that establish setbacks between residential
property and mining operations, operating hours, and screening.
An earth berm will be installed north of the proposed subdivision and a combination earth
berm and opaque fencing on top of the berms will be installed along the east side of J ohnny
Cake Ridge Road. T he applicant is proposing the opaque fence/berm combination on the
east side of the site to keep people out of the mining company's equipment maintenance and
storage area.
T he applicant is also requesting an ordinance amendment to allow for a five-foot reduction in
minimum required front yard setback to allow for the dwelling units on lots that are
encumbered by 52 feet of an 104-foot pipeline easement to be set back a minimum of 25 feet
from the front property line. T his amendment would provide up to seven lots at the north end
of the development an additional five feet of buildable area in their rear yard.
P reliminary P lat: T he preliminary plat consists of the platting of approximately 15.22 acres
into 42 single-family lots. T his will result in a gross density of 2.75 units per acre. Lot sizes
will range from 9,918 sq. ft. to 18,960 sq. ft. in area.
T he project is proposed to be done in two phases. T he first phase (Fifth Addition) will plat
34 lots. T he remaining eight lots in the preliminary plat will be developed in the second
phase (Sixth Addition). T herefore, the proposed residential lots in the second phase should
be platted as an outlot with the Fifth Addition final plat.
Direct access to the individual lots within the proposed development will be via the extension
of two local streets north from the previous Quarry Ponds developments. Fairfield Avenue
will be extended from the south and eventually intersect with the future extension of J ohnny
Cake Ridge Road located directly to the east of the development. T he plans show that that
this street will provide access to 21 lots in the first phase and four lots in the second phase.
Fairchild Way will also be extended from the south and intersect with future Fairfield Drive
and will provide direct access to the remaining 13 lots in the first phase and four of
the eight lots in the second phase.
Approximately 816 feet of right-of-way for J ohnny C ake Ridge Road will be dedicated with
this plat. No direct access from the lots within this preliminary plat to J ohnny C ake Ridge
Road will be allowed. T his shall be accomplished with the execution of an access restriction
easement agreement that will place a one-foot easement over that portion of the lots directly
abutting the two streets. Execution of this access restriction easement shall be part of the
final plat approval.
T he original preliminary plat identified drainage and utility easements over and across lots in
the first phase (Fifth Addition), consistent with the C ity's subdivision requirements. T he plat
also identified a 20-foot wide drainage and utility easements along the common lot line of Lot
7 and 8 Block 3, of the Fifth Addition. T his easement area will be the location of a trail
connection from the proposed development to Regatta Park to the west. And finally, a 55-foot
wide drainage and utility easement is located in the rear yards of Lots 1-5, Block 1 of the
Fifth Addition.
Staff requested revisions to show all perimeter drainage and utility easements on the lots
within the second phase (Sixth Addition) as well as the extension of a 55-foot wide drainage
and utility easement across the rear yards abutting J ohnny Cake Ridge Road and the
establishment of a 35-foot wide drainage and utility easement from the east property line to
10 feet west of a storm water pipe located in the lot in the northwest corner of J ohnny Cake
Ridge Road and Fairfield. All of these easements have been shown on the revised
preliminary plat.
A part of the existing unplatted parcel, which extends north 94-205 feet from the rear property
lines of the most northerly lots, is not included in the proposed preliminary plat. T his area
should be platted as an outlot with the Sixth Addition, as well as 100 feet of J ohnny Cake
Ridge Road right-of way adjacent to this piece of property.
T he submitted plans identify a "Trailway Outlot" located north of the proposed residential
lots. T his property is part of the before-mentioned section of the unplatted parcel not
included in the proposed preliminary plat. T his may likely to be the location of a section of
the North C reek Greenway, a 14-mile regional trail that travels through Empire Township,
Farmington, Lakeville, Apple Valley, and Eagan. A portion of a 104-foot wide pipeline
easement is located in this trailway area, which will restrict how Dakota C ounty utilizes the
property for the trail.
An unplatted strip of land, 15-17 feet wide, which is currently owned by the City, is located
directly west of the proposed development. T his is part of a surveyor's gap that extends from
half-line of Section 35, south into the 160th Street West right-of-way. A portion of this strip
abuts the west line of the proposed preliminary plat. T he section of this gap from the half-
line of the section to the south right-of-way line of 157th Street West, including the strip
abutting the subject property, should be platted as an outlot with the Fifth Addition.
Grading: T he site has been part of a sand and gravel mining operation. Mining has ceased
on the property and it has been mass graded in preparation for development. T he City
Engineer has reviewed the grading plans and his comments are included in the attached
memo.
Landscape P lan: A landscape plan is normally not required with a single-family
development proposal in the City’s typical single-family zoning districts. However, this
development is located in a planned development and will be adjacent to two collector
streets. T hese two elements dictate the need for a landscaping plan that identifies the species
type and location of plantings on lots located directly adjacent to future J ohnny Cake Ridge
Road and the future greenway.
T he staging plan does identify landscape and landscape/berm areas in the rear and side of all
lots abutting J ohnny Cake Ridge Road. Scenic/conservation easements shall be established
over those areas.
T he plan shows landscaping in the rear of Lots 8-13, Block 1 of the first phase and Lot 1-4,
Block 1, of the second phase. Landscaping will be installed in the rear of these lots to
provide screening from the greenway. Because 52 feet of the rear yard of these lots are
located within a pipeline easement, installing landscaping in the easement area may be
prohibited and installing landscaping outside of the easement area would likely have a
significant impact on the use of those rear yard of those lots. T herefore, staff is proposing
that the estimated cost of the landscaping in those lots be escrowed until we know the
location of the proposed greenway trail, which may provide more opportunities on where to
locate the landscaping.
Av ailability of Municipal Utilities: Utilities to serve this proposed development will be
extended north from the existing development to the south. T he City Engineer has reviewed
the proposed plans and his comments are contained in the attached memo.
Street Classifications/Accesses/Circulation: Fairfield Drive and Fairchild Way, two local
streets will be constructed within the proposed preliminary plat and will provide direct
access to the individual lots. Fairfield Drive will intersect with both Fairchild Way and
J ohnny C ake Ridge Road. C onstruction of the segment of Fairchild Way within the proposed
plat and all of Fairfield Drive with the exception of the section from J ohnny C ake Ridge
Road to Fairchild Way with be constructed as part of the Fifth Addition. T he remaining
section of Fairfield Drive and J ohnny C ake Ridge Road, from Fairfield Drive to 157th Street
West, shall be constructed as part of the Sixth Addition.
J ohnny C ake Ridge Road, which will run along the east side of the development, will be
constructed from 157th Street West to 155th Street West. J ohnny Cake Ridge Road is a
major collector. Major collector streets are designed to serve shorter trips within the city and
collect traffic from neighborhoods and employment centers to the arterial system. T he 2030
traffic volumes for the section of this street between C SA H 46 and C SA H 42 are estimated
to be 13,000-19,800 trips per day.
P edestrian Access: Sidewalks, trails or pathways shall be provided in accordance with
provisions of the C ity’s pedestrian circulation plan. Sidewalks will be required along both
sides of Fairfield Drive and Fairchild Way and pathways will be installed on both sides of
J ohnny Cake Ridge Road. A bituminous path shall be installed between Lots 7 and 8, Block
3 of the Fifth Addition with the first phase. T his will provide a pathway connection from the
development to Regatta Park.
As mentioned previously, a section of the North Creek Greenway will be established in this
development. T his will include the location of a tunnel under J ohnny C ake Ridge Road, just
south of the 155th Street West intersection. A second tunnel is proposed under 155th Street
West, west of the J ohnny C ake Ridge Road intersection. Staff and the developer will be
working closely with Dakota C ounty on securing these tunnel locations.
P ublic Hearing Comments: T he Planning C ommission held a public hearing for these
proposed zoning amendments on February 7, 2018. T he hearing was open, no testimony was
taken and the hearing was closed.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Ordinance
Ordinance
Resolution
Memo
Area Map
Comp Plan Map
Z oning Map
Plan S et
Presentation
CITY OF APPLE VALLEY, MINNESOTA
ORDINANCE NO. ----
AN ORDINANCE AMENDING THE ZONING MAP BY REZONING CERTAIN LAND IN
THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA
WHEREAS, the Planning Commission of the City of Apple Valley held a public hearing
on property described herein on February 7, 2018, as required by City Code Section
155.400(D); and
WHEREAS, on February 21, 2018, the Planning Commission recommended the
rezoning as hereinafter described.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. The boundaries of the zoning districts established by City Code Section 155.006
are hereby amended by rezoning the following described property located along the west side of
Johnny Cake Ridge Road and north of 157th Street West from “SG” (Sand and Gravel) to “PD-
975/zone 1” (Planned Development):
That part of the East 50 Acres of the East Half of the Southwest Quarter of Section 35,
Township 115, Range 20 North lying northerly of that part platted as QUARRY PONDS
FOURTH ADDITION, according to the recorded plat thereof, and lying southerly and
westerly of the following described line:
Commencing at the northwest corner of said East 50 Acres of the Southwest Quarter;
thence on an assumed bearing of South 00 degrees 03 minutes 14 seconds East, along
the west line of said East 50 Acres, a distance of 94.14 feet to the point of beginning
of the line being described; thence North 89 degrees 34 minutes 59 seconds East, a
distance of 517.77 feet; thence South 55 degrees 51 minutes 03 seconds East, a
distance of 203.82 feet; thence North 89 degrees 56 minutes 46 seconds East, a
distance of 133.87 feet to the east line of said Southwest Quarter of Section 35;
thence South 00 degrees 03 minutes 14 seconds East, a distance of 815.82 feet to a
northerly line of said QUARRY PONDS FOURTH ADDITION, said line there
terminating.
AND:
That part of the Southeast Quarter of Section 35, Township 115, Range 20 North
described as follows:
Commencing at the northwest corner of said Southeast Quarter; Thence on an
assumed bearing of South 00 degrees 03 minutes 14 seconds East, along the west line
of said Southeast Quarter, a distance of 205.25 feet to the point of beginning of said
land to be described; thence continuing South 00 degrees 03 minutes 14 seconds East,
a distance of 815.82 feet to a northerly line of QUARRY PONDS FOURTH
ADDITION, according to the recorded plat thereof; thence North 89 degrees 56
minutes 46 seconds East, a distance of 50.00 feet; thence North 00 degrees 03
minutes 14 seconds West, a distance of 815.82 feet; thence South 89 degrees 56
2. This ordinance shall become effective upon its passage and publication.
Passed this 22nd day of March, 2018.
_______________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
ORDINANCE NO. ----
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING
CHAPTER 155-APPENDIX F OF THE CITY CODE ENTITLED “APPENDIX
F: PLANNED DEVELOPMENT DESIGNATIONS” BY AMENDING
ARTICLE A34 REGULATING PLANNED DEVELOPMENT DESIGNATION
NO. 975
The City Council of Apple Valley ordains:
Section 1. Section A34-5 (A) (1) of the Apple Valley City Code is hereby amended to
add the following note to the Table of Minimum Area Standards and Requirements table:
* * * * *
NOTES TO TABLE
* * * *
2 – A minimum front yard setback of 25 feet
shall be allowed for lots that contain a
minimum of 52 feet of an existing
underground pipeline easement.
* * * * *
Section 2. Effective Date. This ordinance amendment shall take effect upon its passage and
publication.
PASSED by the City Council this 22nd day of March, 2018.
_______________________________
Mary Hamann-Roland, Mayor
ATTEST:
______________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
PRELIMINARY PLAT APPROVAL
QUARRY PONDS FIFTH ADDITION
WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as
Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and
WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held a
public hearing on an application for subdivision of land by plat on February 7, 2018; and
WHEREAS, the City Planning Commission reviewed the preliminary plat for conformance
with the standards of Chapter 153 of the City Code and made a recommendation regarding its
approval on February 21, 2018, subject to conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the preliminary plat for the following described land is hereby
approved for a two-year period, to wit:
QUARRY PONDS FIFTH ADDITION
BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said
preliminary plat approval is subject to the following conditions, which shall be incorporated into a
subdivision agreement to be considered for approval at the time of submission of the request for
final plat approvals:
1. The preliminary plat shall be configured to have forty-two (42) lots and zero (0)
outlots, which will completed in two phases. The first phase shall be limited to
the development of no more than 34 lots, which may include only Lots 1-5,
Block 1, Lots 1-16, Block 2 and Lots 1-13, Block 3, as depicted on this
preliminary plat.
2. The remaining eight lots identified on this preliminary plat shall be included in
the final plat for the first phase as an outlot, which shall be held in reserve for
development and platting into lots as the second phase.
3. The remaining property identified in Parcel Identification Number 01-03500-
52-014 shall be platted as an outlot(s) on the final plat for the second phase.
The developer shall dedicate the Johnny Cake Ridge Road right-of way from
Fairfield Drive to the parcel line of property identified in Parcel Identification
Number 01-03500-52-014.
4. The developer shall be responsible for the construction of the segment of
Fairchild Way within the preliminary plat and all of Fairfield Drive with the
2
exception of the section from Johnny Cake Ridge Road to Fairchild Way
prior to or in conjunction with the development of the first phase.
5. The developer shall be responsible for the construction of the section of
Johnny Cake Ridge Road from 157th Street West to Fairfield Drive and the
section of Fairfield Drive from Fairchild Way to Johnny Cake Ridge Road
prior to or in conjunction with the development of the second phase.
6. Approval of the first final plat shall require the release of the property from the
current sand and gravel mining condition use permit.
7. An unplatted strip of land, 15-17 feet wide, from the half-line of Section 35 to
the south right-of-way line of 157th Street West, may be included as an outlot
with the Fifth Addition.
8. Park dedication requirements are based upon the City’s finding that the
subdivision will create 113 residents/occupants that will generate a need for
1.08 acres of parkland in accordance with adopted City standards for park
services. This required dedication shall be satisfied by a cash-in-lieu of land
contribution based on 1.08 acres of needed land area at a benchmark land value
of $75,000.00 per acre, which the City reasonably determines that it will need
to expend to acquire land elsewhere in order to provide the necessary park
services as a result of this subdivision.
9. Storm water pond requirements for this development have been satisfied by the
dedication of Outlots A and B, Regent’s Point.
10. Dedication on the final plat of a ten-foot (10') wide drainage and utility
easement along the entire perimeter of lots within the plat wherever abutting
public road right-of-ways.
11. Dedication on the final plat of a five-foot (5') wide drainage and utility
easement along all common lot lines.
12. Dedication of a 55-foot drainage and utility easement over the rear yard area of
lots abutting Johnny Cake Ridge Road, south of Fairfield Drive.
13. Dedication of a 35-foot drainage and utility easement over the side yard area of
the lot abutting Johnny Cake Ridge Road, north of Fairfield Drive.
14. Dedication of all other easements the City deems necessary for installation of
public infrastructure to serve the plat.
15. Dedication of 100 feet of street right-of-way for the section of Johnny Cake
Ridge Road abutting the plat.
16. Installation of municipal sanitary sewer, water, storm sewer, and street
improvements as necessary to serve the plat, constructed in accordance with
3
adopted City standards, including the acquisition of any necessary easements
outside the boundaries of the plat which are needed to install connections to
said necessary improvements. The Developer shall enter into an agreement with
the City for payment of the design of said municipal improvements.
17. Installation of pedestrian improvements in accordance with the City's adopted
Trail and Sidewalk Policies, to consist of five-foot (5') wide concrete sidewalks
along Fairchild Way and Fairfield Drive; and/or eight-foot (8') wide bituminous
pathways along Johnny Cake Ridge Road.
18. An eight-foot (8') wide bituminous pathway shall be constructed within a 20-
foot wide drainage, utility, and trail easement over the common lot line of Lots
7 and 8, Block 3 to connect the sidewalk along the west side of Fairfield Drive
to a pathway in Regatta Park.
19. Submission of a final grading plan and lot elevations with erosion control
procedures, to be reviewed and approved by the City Engineer. If the site is one
(1) or more acres in size the applicant shall also submit a copy of the of the
General Storm Water Permit approval from the Minnesota Pollution Control
Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100. regarding the
State NPDES Permit prior to commencement of grading activity.
20. Installation of City street trees in accordance with species, size, and spacing
standards established in the Apple Valley Streetscape Management Plan.
21. Dedication of a one foot (1') wide easement, which will restrict direct driveway
access to Johnny Cake Ridge Road.
22. Dedication of a 55-foot scenic/conservation easement over the rear yard area of
lots abutting Johnny Cake Ridge Road, south of Fairfield Drive to preclude
removal of earth berms and landscaping installed adjacent to the roadway.
23. Dedication of a 35-foot scenic/conservation easement over the side yard area of
the lot abutting Johnny Cake Ridge Road, north of Fairfield Drive to preclude
removal of earth berms and landscaping installed adjacent to the roadway.
24. The estimated cost of the landscaping for the most northerly lots in the plat
shall be escrowed until the location of the section of the North Creek
Greenway, located north of the plat and south of 153rd Street West, is
established.
25. The developer shall establish, or cause to establish, an earth berm or a
combination of an earth berm and opaque fencing on top of the berm, both of
which will have a minimum height of 14 feet, on the east side of future Johnny
Cake Ridge Road from 157th Street West to future 153rd Street West.
4
26. The developer shall establish, or cause to establish, an earth berm, having a
minimum height of 14 feet, along the north side of future 153rd Street West and
shall run parallel to the most northerly lots within the preliminary plat.
27. Issuance of certificates of occupancy for the dwelling units constructed on lots
within the plat shall be contingent upon the completion of the screening
berms/fencing.
28. Installation of a public (or private) street lighting system, constructed to City
and Dakota Electric Company standards.
29. Construction shall be limited to the hours of 6:00 a.m. to 10:00 p.m. Monday
through Friday.
30. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m.
Monday through Friday.
31. The City receives a hold harmless agreement in favor of the City as drafted by
the City Attorney and incorporated into the subdivision agreement.
ADOPTED this 22nd day of March, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CITY OF
MEMO
Public Works
TO: Tom Lovelace, City Planner
FROM: Brandon S. Anderson, PE, City Engineer
DATE: February 16, 2018
SUBJECT: Quarry Ponds 5th and 6th Addition Preliminary Plat Review
Tom, following is comments regarding the Quarry Ponds Addition Preliminary plan updated February 2,
2018. Please include these items as conditions to approval.
General
A right of way permit will be required for all work within public easements or right of way.
Sanitary Sewer, watermain and storm sewer utilities are proposed to be public. This
infrastructure shall be publicly designed and inspected.
The developer shall identify whether site utilities will be installed under private or public
contract.
Funding of residential streets and base utilities is expected to be the responsibility of the developer.
Funding for collector streets and trunk utilities will be included as part of the development
agreement and will be shared with the City of Apple Valley.
Due to the existence of a gas pipeline running east and west along the northern boundary of the
proposed site an agreement with the pipeline for encroachment within the easement is required.
Developer shall obtain and provide a copy of executed agreement.
A pre-construction meeting shall be held prior to beginning any work on the site.
15’ “Gap” property along the western property boundary should be platted as an Outlot as part of
Final Plat.
Site
As part of the North Creek Greenway Trail (NCGT), an underpass crossing of Future Johnny Cake
Ridge Road (JCRR) and 153rd/155th Street is anticipated north of Quarry Ponds 5th and 6th Addition.
The necessary Easements and/or Outlot for the underpass along with installation of the underpass
will be required to be incorporated into the Final Plat. Specifically, the NE corner of site where
NCGT underpass is shown to be located should be included on the preliminary and final plat as
an Outlot.
Proposed NCGT alignment shall be approved by Dakota County.
Proposed NCGT alignment to the north shall be relocated outside the existing gas easement and be
designed per Dakota County standards.
Proposed NCGT underpass locations as indicated are acceptable as shown in the future roadway
alignments.
North Access off JCRR to Fairfield Drive will require a dedicated right turn lane as part of JCRR
construction.
Access Restriction Easement and Conservation Easement will be required along JCRR as part of
the Development Agreement.
Developer is responsible for trail connection between Lots 7 & 8 of Block 3, the trail should be
shown on plans. The need for retaining walls adjacent to the trail should be denoted on lots 7 & 8
of Block 3 for future builder reference on the grading plan.
Grading & Drainage
Final Grading Plans shall be reviewed and approved by City Engineer.
Final Stormwater Management Plan shall be reviewed and approved by City Engineer.
A Natural Resources Management Permit will be required prior to mass site grading.
A construction entrance and perimeter silt fences shall be provided for erosion control purposes.
Street sweeping shall be performed as necessary to address material tracking from the site.
Storm water quantity and quality control has been accounted for in the regional storm water pond
WVR-P443 (McNamara Pond).
Valley gutter should be included on “eye-brows” for proper drainage of street.
Additional Berm should be continued along the side lot line of Lot 4 of Block 1F and should be
relocated out of storm sewer alignment and drainage and utility easement.
Storm Sewer
Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans and
approved by City Engineer.
Sanitary Sewer and Water Main
Final locations and sizes of Sanitary Sewer and Water main shall be reviewed with the final
construction plans and approved by City Engineer.
Landscape
Tree planting is not allowed in public drainage and utility easements. Drainage and utility
easements should be clearly identified on landscape plan.
No planting of trees in the boulevard is permitted
Proposed Landscape plantings along the rear lot lines of Lots 8 – 10 of Block 3 and Lot 1 should
be relocated out of storm sewer alignment and drainage and utility easement. It is recommended
that trees be incorporated into NCGT corridor.
Proposed Landscape plantings along the side lot line of Lot 4 of Block 1F should be relocated out
of storm sewer alignment and drainage and utility easement.
3/22/2018
1
QUARRY PONDS FIFTH
ADDITION
APPLE VALLEY CITY COUNCIL
PRESENTATION
March 22, 2018
QUARRY PONDS FIFTH
ADDITION
REQUEST
1. Pass Ordinance Rezoning Property from "SG" (Sand
and Gravel) to "PD‐975/Zone 1" (Planned
Development)
2. Pass Ordinance Amending "PD‐975" to Allow a
Minimum Front Yard Building Setback of 25 Feet for
Lots Containing a Minimum of 52 Feet of
Underground Pipeline Easement (Recommend
waiving second reading)
3. Adopt Resolution Approving Preliminary Plat
3/22/2018
2
LOCATION MAP
REGATTA
PARK
QUARRY POINT
PARK
REGENT'S
POINT
QUARRY
PONDS
WESTREGATTAFISCHER M IN IN G O P E R A TIO N S
CITY OF LAKEVILLE
SITE
EXISTING CONDITIONS
SITE
3/22/2018
3
COMP PLAN MAP
C
SITE
C
C
CC
C C
P
P
LD
HD
MD
LD
MD
LDMD
HD
MD
MD
LDLD
LD
LD
LD
LD
LD
HD
LD
LD
INS MIX
INS INS
MBC
MBC
“LD” (Low Density Residential)
ZONING MAP
“SG” (Sand and Gravel )
4,057
HILLCREST SG
SITE
P
P
P
A
AP
SG
PD-975
PD-632
PD-975
3/22/2018
4
QUARRY PONDS
PHASING PLAN
PRELIMINARY PLAT
Future
Greenway
Location
15/17‐ft.
Strip Phase 2Access
Restriction
Easement
Reduce Front Yard
Setback By 5 Feet
Trail
Connection
Pipeline
Easement
Area
3/22/2018
5
GRADING PLAN
Stage 2
Berm
Pipeline Easement AreaUTILITY PLAN
Phase 2
3/22/2018
6
LANDSCAPE PLAN
Phase 2Location of
Landscaping
TBD
TRAILWAY PLAN
3/22/2018
7
TRAILWAY OUTLOT
BERM PLAN
3/22/2018
8
DRAFT FINAL PLAT
Add Johnny Cake Ridge Road R‐O‐W
Plat As
An Outlot
QUARRY PONDS FIFTH
ADDITION
RECOMMENDATION
1. Pass Ordinance Rezoning Property from "SG"
(Sand and Gravel) to "PD‐975/Zone 1"
(Planned Development)
2. Pass Ordinance Amending "PD‐975" to Allow
a Minimum Front Yard Building Setback of 25
Feet for Lots Containing a Minimum of 52 Feet
of Underground Pipeline Easement
(Recommend waiving second reading)
3. Adopt Resolution Approving Preliminary Plat
I T E M: 5.C.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Regular A genda
Description:
Review Ordinance A mending Chapter 123 of the City Code, Regulating Massage T herapy
E stablishments and T herapists (First reading)
S taff Contact:
P amela J . Gackstetter, City Clerk
Department / Division:
City Clerk’s Office
AC T I O N RE Q UE S T E D:
Review the ordinance amending C hapter 123 of the C ity C ode, regulating massage therapy
establishments and therapists. (First reading)
S UM M ARY:
Attached for your consideration and first reading is an ordinance amending Chapter 123 of
the City C ode entitled “Massage T herapy Business and Massage T herapist Licenses”,
regulating massage therapy establishments and therapists. T he proposed ordinance was
prepared by the City Attorney’s office. T he ordinance amendment includes changing the
renewal deadline from April 30 to May 15 as well as several other minor housekeeping
items.
T he tentative date for the second reading of the ordinance amendment is April 12, 2018.
B AC K G RO UND:
As recommended by the Police Department in 2011, the City Council adopted Ordinance
No. 912, amending Title XI of the C ity C ode entitled "Business Regulations" by adding
Chapter 123, regulating Massage T herapy Business and Massage T herapist Licenses. T he
City C lerk's Office and the Police Department work collaboratively to process applications
for said licenses. T he Police D epartment reports that the adoption of this C hapter has
achieved the desired results and is not recommending any major changes at this time.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Ordinance
CITY OF APPLE VALLEY
ORDIANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 123 OF THE CITY CODE REGULATING MASSAGE THERAPY
ESTABLISHMENTS AND THERAPISTS
The City Council of Apple Valley ordains:
Section 1. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.03(C)(2)(a) to read as follows:
(a) The school, college, university, or institution meets the criteria
set forth in the definition of student of massage therapy herein; and
Section 2. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.03(D)(2) to read as follows:
(2) The completed renewal application, along with the license fee,
shall be filed with the City Clerk no later than May 15 April 30 of the renewal year;
Section 3. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.03(D)(4) to read as follows:
(4) When a licensee fails to file the application for a renewal or to pay
the required license fee on or before May 15 April 30, the license renewal application will not be
accepted or considered until or unless the licensee submits payment of a late fee of 130% of the
amount of the license fee for the annual license term, not to exceed $30 more than the license
fee; and
Section 4. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.04(A) to read as follows:
(A) Massage therapy business license application. An application for a
license to operate a massage therapy business shall be filed, along with all required fees, with the
City Clerk. The application investigation fee is applied to the city's costs of the background
investigation of the massage therapy business and all persons or entities that have a 5% financial
interest in the massage therapy business. An investigation by the building inspector may be
required shall be conducted of all premises proposed to be licensed before consideration by the
city. The Police Department shall conduct the background investigation before consideration by
the City. All applications shall thereafter be considered and approved or denied by the City
Clerk. The application shall provide:
2
Section 5. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.04(A)(1)(e) to read as follows:
(e) The name of the business if the business is to be operated
under a name or designation other than the name of the applicant. This shall be accompanied by
a certified copy of the certificate required by M.S. §§ 333.01 and 333.02;
Section 6. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.04(A)(1)(k) to read as follows:
(k) Such other information as the city shall require or as required
by state law.
Section 7. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.04(A)(2)(g) to read as follows:
(g) Such other information as the city shall require or as required
by state law.
Section 8. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.04(A)(3)(d) to read as follows:
(d) Such other information as the city shall require or as required
by state law.
Section 9. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.04(A)(4)(e) to read as follows:
(e) Such other information as the city shall require or as required
by state law.
Section 10. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.04(B)(11) to read as follows:
(11) Such other information as the Ccity shall require or as required by
state law.
Section 11. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.06(A) to read as follows:
(A) Massage therapy business licenses granted for massage therapy services or
operation at a fixed location or premises does not permit the business to provide massage therapy
services at any location other than the premises identified on the license, except a licensed
massage therapist employed or contracted by the massage therapy business licensee may provide
massage therapy services:
3
* * * *
Section 12. Chapter 123 of the Apple Valley City Code is hereby amended by revising
Section 123.06(N) to read as follows:
(N) No license issued under this chapter may be transferred. Massage therapy
business licenses shall terminate upon any change in officers or ownership interests of the
licensee, unless the change is approved by the City Clerk Council in which case the license shall
only continue in force until the end of the license term.
Section 13. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. ____” a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the
intent and effect of the ordinance.
Section 14. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons during regular office hours.
Section 15. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the
ordinance is available for inspection by any person during regular office hours at the Office of the
City Clerk.
Section 16. Effective Date. This ordinance shall take effect upon its passage and
publication.
PASSED by the City Council this ____ day of ______________, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
4
CITY OF APPLE VALLEY
ORDIANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 123 OF THE CITY CODE REGULATING MASSAGE THERAPY
ESTABLISHMENTS AND THERAPISTS
The following is the official summary of Ordinance No. ____ passed by the City Council
of Apple Valley on ______________, 2018:
Chapter 123, governing massage therapy establishments and therapists, is amended to
correct miscellaneous typographical errors; revise the renewal application filing deadline;
and add application information required or as may be required by state law.
A printed cop of the ordinance is available for inspection by any person during regular
office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th
Street W., Apple Valley, Minnesota 55124.
I T E M: 7.
C OUNC I L ME E T I NG D AT E:March 22, 2018
S E C T I ON:C alendar of Upcoming Events
D escription:
Approve Calendar of Upcoming Events
Staff C ontact:
Stephanie Marschall, D eputy City Clerk
Department / Division:
City Clerk’s Office
AC T ION RE QUE 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 City Council.
S UM M ARY:
Day/Date Time L ocation Ev ent
Mar. 21-22 St. Paul, MN LMC Legislative Conference for
Cities
Wed./Mar. 21 11:30 a.m.-1:00 p.m.GrandStay Hotel Chamber Luncheon
Wed./Mar. 21 7:00 p.m.Municipal C enter Planning C ommission Meeting
T hur./Mar. 22 6:00 p.m.Municipal C enter ED A Meeting
T hur./Mar. 22 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting *
Tue./Mar. 27 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee
Meeting
Wed./Mar. 28 9:00 a.m.Municipal C enter Firefighters Relief Association
Meeting
Wed./Apr. 4 7:30-9:00 a.m.Southview Country
C lub, West St. Paul
Dakota County State of the C ounty
Address
Wed./Apr. 4 7:00 p.m.Municipal C enter Planning C ommission Meeting
T hur./Apr. 12 5:30 p.m.Municipal C enter Informal C ity Council Meeting
T hur./Apr. 12 6:45 p.m.Municipal C enter Volunteer Recognition Reception
T hur./Apr. 12 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting *
Tue./Apr. 17 2:00 p.m.Municipal C enter Cemetery Advisory Committee
Meeting
Wed./Apr. 18 7:00 p.m.Municipal C enter Planning C ommission Meeting
T hur./Apr. 19 6:00 p.m.Municipal C enter Informal Parks & Recreation Advisory
Committee Meeting - Park Tour
T hur./Apr. 19 7:00 p.m.Municipal C enter Regular Parks & Recreation Advisory
Committee Meeting
Sat./Apr. 21 9:00 a.m.-3:00 p.m.Eastview High School Home & Garden Expo
Tue./Apr. 24 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee
Meeting
Wed./Apr. 25 9:00 a.m.Municipal C enter Firefighters Relief Association
Meeting
T hur./Apr. 26 4:30-6:30 p.m.Northern Safety
Technology, Inc.
Chamber Business After Hours
T hur./Apr. 26 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting *
B AC K G RO 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 G E T IM PAC T:
N/A
I T E M: 8.A.
C O UNC I L ME E T I NG D AT E :March 22, 2018
S E C T I O N:Closed S ession
Description:
Convene into Closed S ession to Discuss Terms and Conditions for Possible Sale of City-Owned
L and (P arcel I D 22-01200-51-010)
S taff Contact:
Tom L awell, City A dministrator
Department / Division:
A dministration Department
AC T I O N RE Q UE S T E D:
Convene into closed session to discuss terms and conditions for possible sale of City-owned
land (Parcel ID 22-01200-51-010.)
S UM M ARY:
T he City of Apple Valley currently owes property located in the City of Lakeville which was
previously the site of the A pple Valley Sewage Treatment Plant. Previously the City
Council expressed an interest in selling the property. Minnesota Statutes §13D.05, Subd.
3(c) provides that the C ity Council may meet in closed session:
1) to determine the asking price for real or personal property to be sold by the government
entity
2) to review confidential or protected nonpublic appraisal data under section 13.44, subd. 3
3) to develop or consider offers or counteroffers for the purchase or sale of real or personal
property.
Staff requests that the C ity C ouncil meet in closed session on March 22, 2018, for these
purposes.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A