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HomeMy WebLinkAbout07/26/2018 Meeting M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 July 26, 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 J uly 12, 2018, Regular Meeting B.Approve State Gambling Exempt Permit for Apple Valley Ducks Unlimited, Chapter 185, at Bogart's/Apple Place Bowl, 14917 Garrett Avenue, on September 12, 2018 C .Approve Issuance of Temporary On-Sale 3.2 Percent Malt Liquor License for Apple Valley American Legion Post 1776, on September 8, 2018, Outdoors at 14521 Granada Drive D.Approve Change of Board Members in C onnection with Club On-Sale Liquor Licenses at Apple Valley American Legion, Post 1776, 14521 Granada Drive E.Receive Firefighters Relief Association C ertification of 2019 Financial Requirements F.Adopt Resolution Approving Cobblestone Lake South Shore 9th Addition Final Plat and Development Agreement G.Authorize Execution of Legal Retainer Agreement with Weitz & Luxenberg, P.C ., Super Law Group, LLC, and Gray, Plant, Mooty, Mooty & Bennett, P.A. H.Approve T hird Amendment to Antenna Lease Agreement with T-Mobile Central, LLC, for Longridge Reservoir I.Approve T hird Amendment to Antenna Lease Agreement with T-Mobile Central, LLC, for Quarry Point Water Tower J .Adopt Resolution Awarding Agreement for Project 2018-109, Lebanon Cemetery Boundary Fence K.Adopt Resolution Awarding Agreement for Project 2018-155, Lebanon Cemetery Native Seeding L.Approve Water Quality Improvement Cost Share Program Agreement with J ames C. Blackett for Raingarden Installation at 457 Reflection Road M.Approve J oint Powers Agreement with Vermillion River Watershed J oint Powers Organization for Stormwater Improvement Projects for Alimagnet Lake N.Approve Agreement for Professional Services with Stevens Engineers, Inc., on Project 2018-156, Apple Valley Sports Ice Arena 2019 Ice System Replacement O.Approve Change Order No. 1 to Agreement with Mueller Systems, LLC , for Project 2016-101, Water Meter Replacement P.Approve Change Order No. 1 to Agreement with Applied Ecological Services, Inc., for Project 2017-162, Hayes Arena Stormwater Retrofits (Plantings) and Approve Acceptance and Final Payment Q.Approve Personnel Report R.Approve Claims and Bills 5.Regular Agenda Items A.Present C ertificate of Recognition to C itizen Dale Nelson B.Present C ertificate of Recognition to C itizen Robert Helgren C .Receive Certificate of Achievement for Excellence in Financial Reporting for 2016 D.Authorize Acceptance of CenterPoint Energy C ommunity Partnership Grant for Use by Fire Department E.Springs at Cobblestone Lake 1. Pass Ordinance Amending C hapter 155, Appendix F, of the City Code, Regulating Planned Development No. 703/Zone 5 (Recommend waiving second reading) 2. Adopt Resolution Approving Final Plat and Development Agreement 3. Adopt Resolution Approving Planned Development Agreement 4. Authorize Execution of Amendment to Agreement with South Shore Development, Inc., and Dakota C ounty for Future Right-of-Way along Pilot Knob Road and 160th Street W. 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.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 :J uly 26, 2018 S E C T I O N:Consent A genda Description: A pprove Minutes of J uly 12, 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 J uly 12, 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 : Resolution CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 12, 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, and Public Works Director Saam. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Boy Scout Jacob Gurin of Troop 451. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, removing items 4.J - Approve Third Amendment to Antenna Lease Agreement with T-Mobile Central, LLC, for Longridge Reservoir, and 4.K - Approve Third Amendment to Antenna Lease Agreement with T-Mobile Central, LLC, for Quarry Point Water Tower, from the agenda and approving the agenda for tonight’s meeting, as amended. 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 Hooppaw, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Hooppaw, seconded by Grendahl, approving the minutes of the regular meeting of June 28, 2018, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2018 Page 2 MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2018-97 accepting, with thanks, the donation of $1,249.72 from Karen Hangebrauk for use by the Parks and Recreation Department. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Sons of the American Legion, for use on November 11, 2018, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, receiving the 2017 Comprehensive Annual Financial Report. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2018-98 establishing a speed limit along 157th Street from Finch Avenue to Pilot Knob Road for Project 2015-103, 157th Street & Johnny Cake Ridge Road Improvements. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2018-99 setting a public hearing, at 7:00 p.m., on August 9, 2018, to consider vacating easements on Lot 1, Block 1, Rumoulington Addition, and Lot 15, Block 3, and the South half of lot 16, Block 3, Lebanon Hills First Addition, (135 Surrey Trail South and 129 Surry Trail South). Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2018-100 approving a 10-foot front yard setback variance on Lot 8, Block 1, Apple Valley Third Addition (216 Edgewood Lane) to allow construction of a garage addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2018-101 approving plans and specifications for Project 2018-154, Apple Valley Community Center and Hayes Park Arena Roofing, and authorizing advertising for receipt of bids, at 2:00 p.m., on August 16, 2018, via a posting on the City’s website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, , adopting Resolution No. 2018-102 approving the Joint Powers Agreement with Dakota County for Pharmaceutical Drug Disposal Program, as attached to the Police Captain’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving Change Order No. 1 to the agreement with Sewer Services, Inc., with a deduction of $115.00; and accepting Project 2018-137, 2018 Sump Catch Basin Cleaning, as complete and authorizing final payment in the amount of $40,595.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2018 Page 3 MOTION: of Hooppaw, seconded by Grendahl, accepting Project 2017-167, Cobblestone Lake Park Pavilion and Restroom Building, as complete and authorizing final payment on the agreement with Klar Dig Construction, Inc., in the amount of $30,935.00. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated July 12, 2018. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, to pay the claims and bills, check registers dated June 20, 2018, in the amount of $2,066,967.53, and June 27, 2018, in the amount of $289,493.88. Ayes - 5 - Nays - 0. END CONSENT AGENDA INTRODUCTION OF POLICE SERGEANT SPILLERS Police Captain Bermel introduced newly promoted Police Sergeant Alan Spillers to the Council The Council congratulated Sergeant Spillers on his promotion. INTRODUCTION OF K-9 KODA AND HANDLER POLICE OFFICER DROGSETH Police Chief Francis introduced K-9 Koda and handler Police Officer Justin Drogseth to the Council. The Council welcomed Koda and Officer Drogseth to their new positions. INTRODUCTIONS OF NEW POLICE OFFICERS EHMKE, STROHMAYER, AND WAHL Police Chief Rechtzigel introduced newly hired Police Officers April Ehmke, Colleen Strohmayer, and Courtney Wahl to the Council. The City Clerk administered the oath of office to the Officers. Each Officer’s mother then pinned their badge. The Council congratulated Officers Ehmke, Strohmayer, and Wahl and welcomed them to their new positions. COMMUNICATIONS Mary Hamann-Roland thanked all the staff who helped out with the Freedom Days Parade. Mr. Bernstein commented on Freedom Days and then invited the public to the “Music in Kelley Park” concert on Friday night from 6:00 p.m. to 9:00 p.m. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5- Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 2018 Page 4 MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 7:23 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 :J uly 26, 2018 S E C T I O N:Consent A genda Description: A pprove S tate Gambling Exempt P ermit for A pple Valley Ducks Unlimited, Chapter 185, at B ogart's/A pple P lace B owl, 14917 Garrett Avenue, on September 12, 2018 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 issuance of a lawful gambling exempt permit, by the State Gambling C ontrol Board, to Apple Valley Ducks Unlimited, C hapter 185, for use on September 12, 2018, at Bogart's/Apple Place Bowl, 14917 Garrett Avenue, and waiving any waiting period for State approval. S UM M ARY: Apple Valley Ducks Unlimited, C hapter 185, submitted an application for a gambling event to be held at Bogart's/Apple Place Bowl, 14917 Garrett Avenue, on September 12, 2018. T he application is on file should you wish to review it. B AC K G RO UND: Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar year, for qualified nonprofit organizations, are issued by the State Gambling Control Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. B UD G E T I M PAC T: N/A I T E M: 4.C. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A pprove I ssuance of Temporary On-Sale 3.2 Percent Malt L iquor L icense for A pple Valley A merican L egion P ost 1776, on September 8, 2018, Outdoors at 14521 Granada Drive S taff Contact: P amela J . Gackstetter Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Apple Valley A merican Legion, Post 1776, for use on September 8, 2018, outdoors at 14521 Granada Drive. S UM M ARY: Apple Valley American Legion, Post 1776, has filed an application for a Temporary On-Sale 3.2 Percent Malt Liquor License, in connection with its On-Sale C lub License and Special License for Sunday Liquor Sales, for use outdoors at 14521 Granada Drive on September 8, 2018. T he application is in order and can be approved by the C ity Council. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A I T E M: 4.D. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A pprove Change of B oard Members in Connection with Club On-S ale L iquor L icenses at Apple Valley A merican L egion, Post 1776, 14521 Granada Drive 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 change in club board members for Apple Valley American Legion, Post 1776 , in connection with the On-Sale C lub License and Special License for Sunday Liquor Sales, at 14521 Granada Drive, naming Richard Alan Tollefson as C ommander, Timothy Leonard Liffrig as 1st Vice C ommander, Rodney Southwick as 2nd Vice Commander, Tamara Sue Riha as Sergeant at Arms, J ohn Alf Hunter as O perations Board C hairman, David Alan Riha as Operations Board, and Richard Lee Greer as Membership Director. S UM M ARY: Apple Valley American Legion, Post 1776, has filed applications for a change in club board members required in connection with its On-Sale C lub License and Special License for Sunday Liquor Sales at 14521 Granada Drive, Richard Alan Tollefson as Commander, Timothy Leonard Liffrig as 1st Vice C ommander, Rodney Southwick as 2nd Vice Commander, Tamara Sue Riha as Sergeant at Arms, J ohn Alf Hunter as Operations Board Chairman, David A lan Riha as Operations Board, and Richard Lee Greer as Membership Director. Personal information forms have been filed and the Police Department has conducted the necessary background investigations indicating nothing to preclude the C lub from continuing to hold its license. T he records will show: Name Title Richard Alan Tollefson Commander Carla Tappainer Past Commander Timothy Leonard Liffrig 1st Vice Commander Rodney Southwick 2nd Vice Commander Gary Odegard Finance Officer; Adjutant Tamara Sue Riha Sergeant at Arms J ohn Alf Hunter Operations Board C hairman J ohn Ohotto Operations Board David Alan Riha Operations Board Wayne Brinton Operations Board Marvin J arvis Gambling Manager J oDene Strong Assistant Gambling Manager J oan Guse Office Manager Linsey L. Green Club Manager Dawn Blair Day Bar Manager Richard Lee Greer Membership Director B AC K G RO UND: City C ode Section 111.34 provides for C ity Council approval of such changes. B UD G E T I M PAC T: N/A I T E M: 4.E. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: Receive Firefighters Relief Association Certification of 2019 Financial Requirements S taff Contact: Charles Russell, A cting F ire Chief Department / Division: Fire Department AC T I O N RE Q UE S T E D: Receive the Apple Valley Firefighter's Relief Association certification of 2019 financial requirements. S UM M ARY: As indicated in Resolution 18-1 of the Apple Valley Firefighters Relief Association (AVFRA), the Board of Trustees has certified the Association's 2019 municipal financial requirement. Notice of this obligation is to be received by the C ity on or before August 1st of each year. T he municipal financial requirement was calculated by means of an actuarial valuation study completed by VanIwaarden. T he required tax levy for 2019 is $0.00; however, in keeping with the past practice of matching 90% of the total Minnesota State Fire Aid from 2 years prior, the amount requested is $255,223.00. B AC K G RO UND: T he AVFRA is a legal entity that receives and manages monies to provide retirement and other benefits to its members (volunteer/paid-on-call firefighters) and beneficiaries (retired volunteer/paid-on-call firefighters). T he AVFRA has two major sources of revenue: Minnesota State Fire Aid dollars and property taxes the C ity of Apple Valley levies each year. B UD G E T I M PAC T: T he amount requested is included in the proposed 2019 General Fund Operating Budget. AT TAC HM E NT S : Resolution Exhibit 2019 FIRE RELIEF TAX CERTIFICATION RESOLUTION Per MS 69.773(5) 2016 to be paid in 2017 2017 to be paid in 2018 2018 to be paid in 2019 a) Annual Normal Cost $234,485 $226,758 $232,584 b) Administrative Expenses $36,674 $35,724 $37,549 current X 1.035 c) Amortization Payment $171,074 $124,083 $0 d) Interest to Year End $0 $0 $0 1. ACTUARIAL REQUIREMENT $442,233 $386,565 $256,821 2. ESTIMATED FIRE STATE AID $276,307 $281,578 $283,581 3. SUBTOTAL (1-2) $165,926 $104,987 $0 (minimum obligation) 4. PRELIMINARY TAX LEVY $165,926 $104,987 $0 $ $283,58128 3,581 $2850 5. ADJUSTMENTS $110,381 $176,591 $283,581 6. ACTUAL TAX LEVY* $248,676 $253,420 $255,223 BENEFIT LEVEL ($/MO/YR)/($/YR) $45/$6700 $45/$6700 $45/$6700 2016 2017 2018 * As agreed with Council in June 1997, starting with the 1999 contribution, this amount will be equal to Fire State Aid received in the previous year. This practice continued until 2007 when Fire State Aid began to decrease. The city contribution was equal to the minimum required obligation from 2010 through the 2014 contribution. Beginning with the 2016 contribution, the city is again matching the Fire State Aid Amount (excluding Supplemental Fire Aid). Beginning with the 2017 contribution, the Fire State Aid amount includes the Supplemental Fire Aid, and the city has agreed to match 90% of the total amount received two years prior I T E M: 4.F. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving Cobblestone L ake S outh Shore 9th A ddition F inal Plat and Development A greement S taff Contact: Thomas L ovelace, City Planner Department / Division: Community Development Department Applicant: Hempel Companies and South S hore Development, I nc. P roject Number: P C17-19-S F Applicant Date: 5/23/2017 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Adopt the resolution approving the C obblestone Lake South Shore 9th Addition final plat and development agreement. S UM M ARY: For your consideration is a request by Elin C obblestone, LLC (the developer) and South Shore Development, Inc. (the current property owner) for approval of the final plat and development agreement for the C obblestone Lake South Shore 9th Addition. T his is a replat of Outlot A, Cobblestone Lake South Shore 4th Addition into two lots. T he 1.97-acre final plat is located at the southeast corner of 157th Street West and Emperor Avenue. Adjacent uses include a municipal liquor store to the West, multi-tenant retail building to the north, the Orchard Path continuum of care facility to the east and the Cobblestone Square senior apartment building to the south. A ll the adjacent uses are designated "C " (C ommercial) on the City's 2030 C omprehensive Land Use Map and "PD- 703/zone 6" (Planned Development) on the City's zoning map. Lot 1 will be 1.27 acres and 216 feet wide and Lot 2 will be .7 acres with a lot width of 121.5 feet. T he applicant has received site plan/building permit authorization to allow for construction of a 8,148-sq. ft. multi-tenant retail building on Lot 1. Among its future tenants will be a restaurant with drive-through window service. No building is proposed on Lot 2 at this time. T he development agreement refers to the installation of all necessary improvements to serve the subdivision. Park dedication requirements for this subdivision have been previously satisfied with the approval of a C obblestone Park Agreement and the First A mendment to the Cobblestone Park Agreement. Storm water pond dedication requirements have also been satisfied with the approval of the Cobblestone Lake Restoration and Subdivision Agreement. T he agreement acknowledges the documentation of: An access restriction easement that will restrict access from the two lots in the plat to 157th Street West except for the west 30 feet, and Cobblestone Lake Parkway; and A declaration of covenants regarding the underground storm water infiltration system, which identifies the developer's responsibility regarding the installation and the ongoing operation and maintenance of an underground storm water infiltration system. B AC K G RO UND: A public hearing for a proposed planned development ordinance amendment and the preliminary plat was held on J une 21, 2017. No comments were receive and the hearing was closed. On November 1, 2017, the Planning C ommission voted 7-0 to recommend approval of a planned development ordinance amendment to allow for more than one drive- through lane in conjunction with a C lass II restaurant in Planned D evelopment Ordinance No. 703/Zone 6, the subdivision of Outlot A, Cobblestone Lake South Shore 4th Addition into two lots, and site plan/building permit authorization to allow for construction of an 8,148-sq. ft. retail building on the proposed Lot 1. T he C ity C ouncil subsequently approved the planned development ordinance amendment, preliminary plat, and site plan/building permit authorization requests at their November 9, 2017, meeting. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Map Resolution F inal Plat Agreement Agreement Agreement CITY OF APPLE VALLEY RESOLUTION NO. 2018-___ FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL COBBLESTONE LAKE SOUTH SHORE 9TH 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 June 21, 2017; 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 November 1, 2017, which was subsequently approved by the City Council on November 9, 2017; and WHEREAS, pursuant to Chapter 153 of the City Code, a development 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; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the development 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: COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION 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 26th day of July, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council and the final plat described therein is hereby released for recording with the Dakota County Recorder this _____ day of __________________, ______. ____________________________________ Pamela J. Gackstetter, City Clerk Δ Δ ΔLOUCKS KNOW ALL PERSONS BY THESE PRESENTS: That South Shore Development, Inc., a Minnesota corporation, fee owner, of the following described property situated in the County of Dakota, State of Minnesota, to wit: Outlot A, COBBLESTONE LAKE SOUTH SHORE 4TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota Has caused the same to be surveyed and platted as COBBLESTONE LAKE SOUTH SHORE 5TH ADDITION, and does hereby dedicate to the public for public use the drainage and utility easements as crated by this plat. In witness whereof said South Shore Development, Inc., a Minnesota corporation, has caused these presents to be signed by its proper officer this _______ day of _________________, 20___. SOUTH SHORE DEVELOPMENT, INC. SIGNED: , as STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of South Shore Development, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public, County, Minnesota Notary Printed Name My Commission Expires I, Max L. Stanislowski, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this Plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 . Max L. Stanislowski, Licensed Land Surveyor Minnesota License No. 48988 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 20 , by Max L. Stanislowski, a Licensed Land Surveyor. Notary Public, County, Minnesota Notary Printed Name My Commission Expires CITY COUNCIL, APPLE VALLEY, MINNESOTA This plat was approved by the City Council of Apple Valley, Minnesota, this day of , 20 , and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subdivision 2. By: Mayor By: Clerk COUNTY SURVEYOR, DAKOTA COUNTY, MINNESOTA I hereby certify that in accordance with Minnesota Statutes Section 505.021 Subd. 11, this plat has been reviewed and approved this day of , 20 . By: Todd B. Tollefson, County Surveyor DEPARTMENT OF PROPERTY TAXATION AND RECORDS, DAKOTA COUNTY, MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20____ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 . By: , Director, Department of Property Taxation and Records. COUNTY RECORDER, DAKOTA COUNTY, MINNESOTA I hereby certify that the within plat of COBBLESTONE LAKE SOUTH SHORE 5TH ADDITION was file in the office of the County Recorder for public record on this day of , 20 , at ______ o'clock ____ .M., and was duly filed in Book __________________ of Plats, Page __________ as Document Number ______________________. By: County Recorder SCALE IN FEET 0 30 60 N SITE VICINITY MAP S.E.1/4N.E.1/4S.W.1/4 N.W.1/4 N 36 I T E M: 4.G. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A uthorize Execution of L egal Retainer Agreement with Weitz & L uxenberg, P.C., S uper L aw Group, L L C, and Gray, Plant, Mooty, Mooty & B ennett, P.A . 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: Authorize execution of a Legal Retainer Agreement with Weitz & Luxenberg, P.C ., Super Law Group, LLC , and G ray, Plant, Mooty, Mooty & Bennett, P.A., regarding litigation, subject to the approval of the C ity Administrator and City Attorney. S UM M ARY: Council has previously been briefed on a potential joint law suit by other metro cities to recover costs associated with the excavation and disposal of sediments from storm water ponds contaminated by certain chemical components of driveway sealants. T hese chemical components, known as Polycyclic Aromatic Hydrocarbons (PA H’s), have been linked to cancer and other health issues. Other cities within the Minneapolis-St. Paul metropolitan area have authorized pursuit of said litigation. C ity C ouncil authorization is required to retain legal counsel to represent the City in the potential C oal Tar Sealant Litigation. Staff has been working with the City Attorney’s office on the preparation of a legal services agreement with Weitz & Luxenberg, P.C ., Super Law Group, LLC , and Gray, Plant, Mooty, Mooty & Bennett, P.A. At this time, the final agreement is not yet ready to bring forward; however, the group of metro cities is looking for commitment from all interested cities now. As such, staff is bringing forward this action for authorization of the agreement, subject to the approval by the C ity Administrator and City Attorney. B AC K G RO UND: In 2014, the State of Minnesota banned the sale and use of coal tar-based sealants as an asphalt driveway sealer. PA H’s are one of the chemical concentrations that were contained in coal tar-based sealants. PA H’s in coal tar-based sealants were typically released into the environment as dust when the sealant breaks down over time. T his dust was then transported to nearby soils and waters via stormwater runoff. T here have been numerous cases across the metro of PA H-laden sediments removed from stormwater ponds. Once removed, the excavated material is required to be deposited at special regulated dump sites at costs that can be up to ten times the cost to deposit uncontaminated sediment. B UD G E T I M PAC T: At this time, it is unclear as to the extent of the lawsuit and the associated legal work. It will most surely be necessary to incur some legal costs before knowing the result of the lawsuit. Initial legal fees could be estimated to be $10,000. I T E M: 4.H. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A pprove Third A mendment to Antenna L ease A greement with T-Mobile Central, L L C, for L ongridge Reservoir S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Approve T hird Amendment to A ntenna Lease Agreement with T-Mobile C entral, LLC , for the Longridge Reservoir. S UM M ARY: T he attached lease amendment is for T-Mobile’s L1900 upgrade for radio improvements to both the antenna and ground equipment. T he upgrade will add a radio device to three of the nine exisiting antenna configurations, and add radio devices and wiring to the present ground equipment within the current lease area. No coax or cable is required to be added or replaced with this work. T he amendment has been approved by the City Attorney. T he construction plans have been reviewed and approved by KLM Engineering. B AC K G RO UND: In 2002, an antenna lease agreement was approved with T-Mobile C entral, LLC , for the installation of ground equipment and antennas on the Longridge Reservoir site located at 8351 160th Street W. Lease amendments were approved in 2012 and 2014. B UD G E T I M PAC T: An escrow was obtained from T-Mobile to cover the attorney, third party engineer, staff and administrative costs. T he lease rate remains unchanged. AT TAC HM E NT S : Agreement I T E M: 4.I . C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A pprove Third A mendment to Antenna L ease A greement with T-Mobile Central, L L C, for Quarry P oint Water Tower S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Approve T hird Amendment to A ntenna Lease Agreement with T-Mobile C entral, LLC , for the Quarry Point Water Tower. S UM M ARY: T he attached lease amendment is for T-Mobile’s L1900 upgrade for radio improvements to both the antenna and ground equipment. T he upgrade will add a radio device to three of the nine existing antenna configurations, and add radio devices and wiring to the present ground equipment within the current lease area. No coax or cable is required to be added or replaced with this work. T he amendment has been approved by the City Attorney. T he construction plans have been reviewed and approved by KLM Engineering. B AC K G RO UND: In 2008, an antenna lease agreement was approved with T-Mobile C entral, LLC , for the installation of ground equipment and antennas on the Quarry Point Water Tower site located at 5551 160th Street W. Lease amendments were approved in 2012 and 2016. B UD G E T I M PAC T: An escrow was obtained from T-Mobile to cover the attorney, third party engineer, staff and administrative costs. T he lease rate remains unchanged. AT TAC HM E NT S : Agreement I T E M: 4.J . C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution Awarding A greement for P roject 2018-109, L ebanon Cemetery B oundary Fence 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 resolution awarding agreement to C entury Fence C ompany, for Project 2018-109, Lebanon C emetery Boundary Fence, in the amount of $22,903.99. S UM M ARY: On J une 28, 2018, three (3) quotes were received for the Lebanon C emetery Fence Improvements project as described within the attached bid tabulation. Quotes ranged from $22,903.99 to $28,997.36, C entury Fence C ompany submitted a quote in the amount of $22,903.99. T he Engineer’s Estimate of C osts was $28,723.80. A 6 ft. black P VC vinyl coated fence is being proposed along the southern property line. Only the PVC fence is planned to be installed at this time due to the build out of Embry Place 3rd Addition along the south boundary of the site. T he decorative fence for the east side, and a portion of the north side of the property, will be rebid in 2019. Attached for consideration is a resolution awarding the contract to C entury Fence Company for Project 2018-109, Lebanon C emetery Boundary Fence, in the amount of $22,903.99. Should City C ouncil award the contract, it is anticipated work will begin early August 2018. Work on the project will be substantially complete by October 2018. A standard City agreement will be utilized for this project. B AC K G RO UND: On April 28, 2011, C ity C ouncil accepted the update to the Master Plan for the Lebanon Cemetery of Apple Valley. T he revised plan included shifting the primary site access to the future extension of Embry Path. T his was done due to the limited access onto C ounty Road 42 and Pilot Knob Road. Grading of the additional 3 acres to the C emetery property was completed in 2017 as part of Project 2017-106 along with the construction of Embry Path from County Road 42 (Project 2017-135). On May 31, 2018 only one (1) bid was received for the Lebanon Cemetery Boundary Fence project. T he bid was $96,202.50 above the Engineers estimate, as a result staff recommended that the City C ouncil reject the bid. 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 included in the adopted 2018 operating budget of the cemetery funds. AT TAC HM E NT S : Map Resolution Exhibit 150th Street W (CSAH 42)Pilot Knob RdEmbry PathEagle Bay Way 151st Street Upper 147th St W Energy Way 152nd St WEmory CirElysium AveProposed Chain Link Fence Proposed Chain Link Fence 2018-109 Lebanon Cemetery Boundary Fence Figure 1 City of Apple Valley FEETSCALE 0 400200 HORZ. N CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2018-109 LEBANON CEMETERY BOUNDARY FENCE WHEREAS, pursuant to solicitation of quotations for improvements identified as Project 2018-109, Lebanon Cemetery Boundary Fence quotations were received and tabulated according to law (Tabulation attached as Exhibit A), and; WHEREAS, it appears Century Fence Company submitted the lowest quotation. 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 Century Fence Co., for its quote in the amount of $22,903.99 for the completion of Project 2018-109 according to the plans and specifications. ADOPTED this 26th day of July, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk EXHIBIT A I T E M: 4.K. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution Awarding A greement for P roject 2018-155, L ebanon Cemetery Native S eeding 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 awarding agreement to Prairie Restorations, Inc., for Project 2018-155, Lebanon C emetery Native Seeding, in the amount of $17,884.00. S UM M ARY: On J uly 10, 2018, City staff solicited quotations from nine (9) specialized companies to supply and plant native perennials and grasses with the Lebanon C emetery Grading and Fence Projects. Two (2) Quotes were received for the Lebanon C emetery Native Seeding project as described within the attached bid tabulation. Quotes ranged from $17,884.00 to $30,570.00, Prairie Restorations, Inc. submitted a quote in the amount of $17,884.00. T he Engineer’s Estimate of C osts was $15,994.00. A low maintenance aesthetic pollinator-focused planting mix is being utilized on the landscape berm along the south property line of the cemetery. Attached for consideration is a resolution awarding the contract to Prairie Restorations, Inc. for Project 2018-155, Lebanon C emetery Native Seeding in the amount of $17,884.00. Should C ity C ouncil award the contract, it is anticipated work will begin mid-September 2018. Work on the project will be substantially complete by October 2018. A standard City agreement will be utilized for this project. B AC K G RO UND: On April 28, 2011, C ity C ouncil accepted the update to the Master Plan for the Lebanon Cemetery of Apple Valley. T he revised plan included shifting the primary site access to the future extension of Embry Path. T his was done due to the limited access onto C ounty Road 42 and Pilot Knob Road. Grading of the additional 3 acres to the C emetery property was completed in 2017 as part of Project 2017-106 along with the construction of Embry Path from County Road 42 (Project 2017-135). Restoration of the berm was excluded from this contract to allow construction of fence (Project 2018-109) to occur prior to a planting contract. 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 included in the adopted 2018 operating budget of the cemetery funds. AT TAC HM E NT S : Map Resolution Exhibit 150th Street W (CSAH 42)Pilot Knob RdEmbry PathEagle Bay Way 151st Street Upper 147th St W Energy Way 152nd St WEmory CirElysium AveArea for Native Seeding of Landscape Berm City Project 2018-110 Roadway City Project 2018-109 Fence 2018-155 Lebanon Cemetery Native Seeding City of Apple Valley Figure 1 FEETSCALE 0 400200 HORZ. N CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2018-155 LEBANON CEMETERY NATIVE SEEDING WHEREAS, pursuant to solicitation of quotations for improvements identified as Project 2018-155, Lebanon Cemetery Native Seeding quotations were received and tabulated according to law (Tabulation attached as Exhibit A), and; WHEREAS, it appears Prairie Restorations, Inc. submitted the lowest quotation. 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 Prairie Restorations, Inc., for its quote in the amount of $17,884.00 for the completion of Project 2018-155 according to the plans and specifications. ADOPTED this 26th day of July, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk EXHIBIT A I T E M: 4.L . C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A pprove Water Quality I mprovement Cost Share Program Agreement with J ames C. B lackett for Raingarden I nstallation at 457 Reflection Road 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: Approve Water Quality Improvement Cost Share Program Agreement with J ames C . Blackett for raingarden installation at 457 Reflection Road; payment not to exceed $500.00 per project. S UM M ARY: T he following water quality cost share application was received by C ity staff and the project was determined to be eligible for the program. Name Address P roject Watershed J ames C . Blackett 457 Reflection Road Raingarden Alimagnet Lake T he standard C ity water quality improvement cost share program agreement approved by the City Attorney was utilized for this project. B AC K G RO UND: In 2009 the City of Apple Valley began a voluntary cost share program for residential, multiple-family, or institutional property owners to promote the installation of water quality improvements. T hese improvements typically consist of rain gardens, native gardens, buffers, and shoreline stabilization projects to reduce and treat stormwater runoff prior to its entering the stormwater system. T his cost share program assists the C ity in meeting State and Federal storm water management requirements. T he program provides for reimbursement of 50 percent of qualifying expenses, not to exceed a total reimbursement from the C ity of $500.00. T he program requires that the property owner maintain their project to meet program standards for a period of no less than seven years. T his is the second Water Q uality Improvement Cost Share application the C ity has received in 2018. B UD G E T I M PAC T: T he maximum allowable reimbursement is $500.00 per lot or project. Funding for this program is included in the 2018 operating budget for the Storm Drainage Utility. I T E M: 4.M. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A pprove J oint P owers Agreement with Vermillion River Watershed J oint P owers Organization for S tormwater I mprovement P rojects for Alimagnet L ake 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 J oint Powers Agreement with the Vermillion River Watershed J oint Powers Organization for Stormwater Improvement Projects for Alimagnet Lake. S UM M ARY: Attached is a J oint Powers Agreement (J PA) with the Vermillion River Watershed J oint Powers Organization (VRWJ PO) for Stormwater Improvement Projects for Alimagnet Lake. T he J PA allows for coordination of design, engineering, and construction of two best management practices in the Alimagnet Lake subwatershed area. T he J PA includes two projects: Project 2018-133, Cobblestone Manor (A L-P3) and Project 2018-134, Sunset Pond (A L-P8). Both projects were authorized by C ouncil on May 10, 2018. B AC K G RO UND: T he Vermillion River Watershed J oint Powers Organization finalized a Subwatershed Assessment for Alimagnet Lake in April 2016 which outlined recommended improvements in both Apple Valley and Burnsville. Watershed and C ity staff determined the highest priority projects to address pollutant sources reaching Alimagnet Lake. Both Cities moved forward on feasibility and sought grants to assist in design and construction of new best management practices or retrofits. Two of the most feasible projects in Apple Valley are scheduled for construction in 2019. Both projects have grant funds committed from the VRWJ PO and the Minnesota Board of Water and Soil Resources. T he VRWJ PO has additional money originally allotted to the City of Burnsville for Alimagnet Lake projects, but the Burnsville project achieved the required pollutant reductions at a lower cost than was awarded. T he Board of Water and Soil Resources is allowing the VRWJ PO to "pass-through" these dollars to the City of Apple Valley towards similar projects in the same subwatershed. T he terms of these grant costs are outlined in the J PA. T he C ity A ttorney reviewed the attached J PA prior to the VRWJ PO Planning Commission approval on J uly 11, 2018. B UD G E T I M PAC T: Funding for water quality improvement projects are included in the Storm Drainage Utility operating budget. T he C ity is seeking $37,500 from the VRWJ P O plus $112,370 from the pass-through dollars available from the Board of Water and Soil Resources. AT TAC HM E NT S : Agreement JOINT POWERS AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF APPLE VALLEY FOR ALIMAGNET LAKE STORMWATER IMPROVEMENT PROJECTS WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed management body consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River Watershed Joint Powers Board (VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. §§ 103B.211 to 103B.255 and as otherwise provided by law; and WHEREAS, the City of Apple Valley (City) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, Alimagnet Lake (Lake) is an impaired water within the City; and WHEREAS, excess nutrients, namely phosphorus, is the cause of the nutrient impairment of the Lake; and WHEREAS, a number of external sources of nutrients exist that need to be reduced or eliminated in order to meet water quality standards; and WHEREAS, the VRWJPO, in partnership with the Cities of Burnsville and Apple Valley performed a subwatershed assessment to determine the highest priority projects that would reduce or eliminate the external nutrient sources; and WHEREAS, two ponds (Ponds) within the City can be retrofit with iron-enhanced sand filters (Filters) in order to further reduce phosphorus loads from reaching the Lake; and WHEREAS, alum treatment (Treatment) within one of the Ponds was also identified as a way to further reduce phosphorus loads from reaching the Lake; and WHEREAS, the Filters and Treatment (collectively referred to as the “Projects”) were all identified as high priority projects within the subwatershed assessment; and WHEREAS, the subwatershed assessment and stormwater treatment projects to reduce phosphorus loads were identified as restoration strategies in the Vermillion River Watershed Restoration and Protection Strategy (WRAPS) report to aid in restoring the Lake; and WHEREAS, the City is required to reduce the amount of phosphorus within its stormwater in order to meet the requirements of the total maximum daily load (TMDL) for the Lake; and WHEREAS, reducing the amount of phosphorus reaching the Lake using Filters and Treatment will address the restoration strategies for the Lake within the WRAPS report and help to address pollutant reductions required by the TMDL; and WHEREAS, the VRWJPO applied for, and was awarded a $216,450.00 Clean Water Fund (CWF) grant (Grant) from the Minnesota Board of Water and Soil Resources (BWSR) for Alimagnet Lake stormwater improvement projects; WHEREAS, a portion of the Grant funding was used for an Alimagnet Lake stormwater improvement project in Burnsville, leaving $35,000 available for engineering, and $77,370 available for construction of other Alimagnet Lake stormwater improvement projects; and WHEREAS, to complete the Projects, $35,000 will be needed for engineering, $195,000 to install the Filters, and $10,000 for the Treatment; and WHEREAS, the Apple Valley City Council has authorized Project 2018-133, Cobblestone Manor (AL-P3) Stormwater Improvements for Alimagnet Lake and Project 2018-134, Sunset Pond (AL-P8) Stormwater Improvements for Alimagnet Lake; and WHEREAS, the City is providing $90,000 to install or implement the Projects, as well as obtain permits and provide construction administration and oversight for the Projects; and WHEREAS, the estimated cost for the engineering, construction, and implementation of the Projects is $240,000 (Agreement Maximum). The City is seeking $37,500 from the VRWJPO plus $112,370 of the Grant funding (as pass-through) for the Projects; and WHEREAS, if the total cost of the Projects exceeds the cumulative budget of the City, VRWJPO, and available Grant funding, the City will pay the remaining balance; and NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the VRWJPO shall derive from this Agreement the VRWJPO, through the VRWJPB, and the City hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the Project responsibilities and Project cost-sharing obligations of the VRWJPO and the City. ARTICLE 2 PARTIES The parties (Parties) to this Agreement are the VRWJPO, acting through its VRWJPB, and the City. ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the Parties to this Agreement and shall remain in effect until December 31, 2019, or until completion by the Parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The VRWJPO and the City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 TECHNICAL AND QUALITY ASSURANCE The VRWJPO and City engineers will provide technical and quality assurance for the Projects. Any Engineer providing technical or quality assurance for the portions of the Projects that involved engineering and construction must be a licensed Professional Engineer in the State of Minnesota. 2 ARTICLE 6 PROJECTS’ PLANS and SPECIFICATIONS The specifications (Projects’ Plans) for the Project shall be approved by both the VRWJPO Engineer and the City Engineer. ARTICLE 7 PAYMENT 7.1 The City will administer the contracts and act as the paying agent for all payments to the contractor. 7.2 The VRWJPO shall reimburse the City in an amount not to exceed Thirty-Seven Thousand Five Hundred Dollars ($37,500.00) for costs directly related to the completion of the Projects. 7.3 The VRWJPO will pay on a reimbursement basis for costs of engineering and development of the Projects’ Plans in an amount not to exceed Thirty-Five Thousand Dollars ($35,000) within 45 days of receipt of an invoice for those expenses. 7.4 The VRWJPO shall make payment to the City in an amount not to exceed Seventy-Seven Thousand Three Hundred Seventy Dollars ($77,370) construction costs for Filters in increments. Under the terms of the Grant the VRWJPO is to receive Grant funds in three disbursements: (a) 50% after execution of the Grant; (b) 40% after the first 50% has been expended and Grant reporting requirements are met; and (c) 10% after final Grant requirements are met. The VRWJPO will make progress payments to the City on a reimbursement basis, contingent upon the VRWJPO’s receipt of adequate Grant disbursements to make City requested payments. Ten percent (10%) of the Agreement Maximum shall be withheld until the VRWJPO has verified that the Filters have been installed in accordance with this Agreement and the Projects’ Plans. All requests for payment shall be supported by itemized receipts and invoices determined by the VRWJPO to be practical and reasonable for completion of the Projects. 7.5 The VRWJPO may refuse to pay any claim that is not specifically authorized by this Agreement. Payment of a claim shall not preclude the VRW JPO from questioning the propriety of the claim. The VRWJPO reserves the right to be repaid for any overpayment or disallowed claim. ARTICLE 8 CITY’S OBLIGATIONS 8.1 AUTHORIZED PURPOSE. The cost share funds provided under the terms of this Agreement may only be used by the City for the payment of costs directly related to the completion of the Projects as approved by the VRWJPO Engineer. 8.2 CONSTRUCTION REQUIREMENTS. The Projects shall be constructed or implemented in accordance with the approved specifications. Any modifications to the specifications require prior approval from VRWJPO staff. 8.3 COSTS. The City is solely responsible for the cost of constructing or implementing the Projects according to the approved plans and specifications. 8.4 CONSTRUCTION AND DESIGN FAILURES. Any failure related to construction or design of the Project shall be addressed in the contracts with the construction firm or professional services firm. 8.5 RIGHT OF ENTRY. The City hereby permits the VRWJPO, its employees, duly authorized representatives and agents to enter upon and have rights of ingress and egress over and access at reasonable times to the real property where the Projects will be located for the purpose of inspecting the construction or implementation of the Projects. 3 8.6 OPERATION AND MAINTENANCE. The City shall be responsible for all on-going maintenance or replacement of the Projects upon completion and for a minimum of twenty-five (25) years include the maintenance in the City’s capital infrastructure maintenance plan or as managed as part of its Municipal Separate Storm Sewer System (MS4). 8.7 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations in constructing the Project, including obtaining all necessary permits to construct or implementation of the Projects. 8.8 PUBLICITY. The City hereby permits the VRWJPO to take and disclose photographs of the Projects for use in publications or promotional material or on its website for the purpose of highlighting the VRWJPO’s programs. The City shall appropriately acknowledge the funding provided by the VRWJPO in any promotional materials, signage, reports, publications, notices, and presentations related to the Projects. This section shall survive the expiration or termination of this Agreement. ARTICLE 9 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the VRWJPO and the City. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. This section shall survive the expiration or termination of this Agreement. ARTICLE 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE VRWJPO: Mike Slavik or successor, Chair Vermillion River Watershed Joint Powers Organization 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7030 TO THE CITY: Mary Hamann-Roland, Mayor or successor City of Apple Valley 7100 147th St. W. Apple Valley, MN 55124 Telephone: (952) 953-2506 In addition, notification to the VRWJPO regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the VRWJPO and the City. The VRWJPO and the City shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: 4 VRWJPO Liaison: Travis Thiel Telephone: (952) 891-7546 Email: travis.thiel@co.dakota.mn.us CITY Liaison: Jessica Schaum Natural Resources Coordinator Telephone: (952) 953-2461 Email: jschaum@cityofapplevalley.org ARTICLE 11 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Boards or as delegated by the Parties respective Boards, and signed by the Authorized Representatives, or delegated authority of the VRWJPO and the City. ARTICLE 12 TERMINATION 12.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving 30 days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. This Agreement may also be terminated by the City in the event of a default by the VRWJPO. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 12.2 TERMINATION BY VRWJPO FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the VRWJPO may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding sources, or if it’s funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the VRWJPO to the City by facsimile is sufficient notice under this Agreement. The VRWJPO is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. This section shall survive the expiration or termination of this Agreement. ARTICLE 14 MERGER This Agreement is the final expression of the agreement of the Parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 5 ARTICLE 15 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. ARTICLE 16 GOVERNMENT DATA PRACTICES The City and the VRWJPO must comply with the Minnesota Government data Practices Act, Minn.Stat. Ch. 13, as it applies to all data provided, created, collected, received, stored, used, maintained, or disseminated under this Agreement. The civil remedies of Minn.Stat. § 13.08 apply to the release of the data referred to in this clause by either the City or the VRWJPO. ARTICLE 17 SURVIVABILITY The provisions of sections 8.4 (Construction and Design Failures), 8.6 (Operation and Maintenance), 9 (Indemnification) and 16 (Government Data Practices) survive the expiration or termination of this Agreement. ARTICLE 18 DEFAULT: FORCE MAJEURE No party shall be liable to any other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party’s reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below. CITY OF APPLE VALLEY By ___________________________________ Mary Hamann-Roland or successor, Mayor Date of Signature: _____________________ By ___________________________________ Pamela Gackstetter or successor, City Clerk Date of Signature: _____________________ VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION APPROVED AS TO FORM: By ___________________________________ /s/Helen R. Brosnahan 7/10/18 Mike Slavik or successor, Chair Assistant Dakota County Attorney Date Date of Signature: _____________________ VRW Res. No. _____ County Attorney File No. KS-18-301 6 I T E M: 4.N. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A pprove Agreement for Professional Services with S tevens Engineers, I nc., on P roject 2018- 156, A pple Valley Sports I ce Arena 2019 I ce System Replacement S taff Contact: B arry B ernstein, Parks and Recreation Director Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve agreement with Stevens Engineers, Inc., for Professional Services on Project 2018- 156, Apple Valley Sports Ice Arena 2019 Ice System Replacement. S UM M ARY: Stevens Engineering, Inc., has submitted a proposal to design and oversee the refrigeration replacement project at the Sports Arena. Staff is seeking authorization to enter into an agreement with them dependent on agreement review by the C ity Attorney's office and approval by the C ity Administrator. B AC K G RO UND: T he Sports Arena refrigeration system is currently 42 year old and is reaching the end of its useful life. Stevens Engineering, Inc., is one of the leading ice arena engineering firms. T hey have a great knowledge of our arena and the needs we have for a new refrigeration system. T he C ity has/is working closely with School District 196 regarding this project as both parties operate and manage the Apple Valley Sports Arena through the current joint powers agreement in effect. T hrough discussions with School District 196, the C ity will manage and oversee the contracts and construction of this project. T he C ity and School District 196 each are responsible for one half of the project costs. B UD G E T I M PAC T: Based on project costs. AT TAC HM E NT S : Agreement I T E M: 4.O. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A pprove Change Order No. 1 to A greement with Mueller S ystems, L L C, for P roject 2016-101, Water Meter Replacement S taff Contact: Carol Blommel J ohnson, Utilities Superintendent Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Approve Change Order No. 1 to Agreement with Mueller Systems, LLC, for Project 2016- 101, Water Meter Replacement, for the additional amount of $116,835.90. S UM M ARY: T he change order proposes utilization of the same meter type for 3/4" and 1" meters, replacing all the existing Sensus iPerl meters with Mueller's solid state meter (SSM), utilizing NiC or connectors for all meters 1" and greater in size, and minimizing the number of wire splices when possible by using a longer wire. B AC K G RO UND: On A ugust 24, 2017 the C ity C ouncil approved an agreement with Muller Systems, LLC for the water meter replacement project to include A MI (Advanced Metering Infrastructure). After several months of meetings between Mueller Systems staff, the C ity Attorney, the SL- serco project consultant, and C ity staff, the project is moving forward. T he discussions resulted in recommendations for minor modifications to some meter types, sizes and quantities to provide the optimal solution for performance, reliability and consistency. B UD G E T I M PAC T: T he meter replacement project is included in the Public Works C IP and Utilities Water Fund operating budget. Project C ost 2016-101 5310.6735 Mueller Systems, LLC Bid Proposal $ 4,268,854.00 C onsultant Services (not to exceed)150,000.00 C ontingency 425,000.00 Total Project Cost $ 4,843,854.00 Project C ontingency C ontingency $ 425,000.00 C hange Order No. 1 116,835.90 Remaining Contingency $ 308,164.10 AT TAC HM E NT S : Change Order Document(s) I T E M: 4.P. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Consent A genda Description: A pprove Change Order No. 1 to A greement with A pplied Ecological Services, I nc., for P roject 2017-162, Hayes Arena Stormwater Retrofits (Plantings) and Approve A cceptance and F inal P ayment 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 C hange Order No. 1 to agreement with Applied Ecological Services, Inc., for a deduction of $2,160.00; and accept Project 2017-162, Hayes Arena Stormwater Retrofits (Plantings) as complete and authorize final payment in the amount of $708.25. S UM M ARY: Applied Ecological Services, Inc. has requested final payment of $708.25, the 5% retainage withheld on the first payment, for the planting project at Hayes A rena. T his is the second and final payment request for Project 2017-162. T he contractor has met all obligations and performed services in a professional and satisfactory manner. Change Order No. 1 is for a deduction of the quantity of mulch needed for the project. B AC K G RO UND: On September 14, 2017, the C ity C ouncil approved an agreement with Applied Ecological Services, Inc. to supply and install native plants and shrubs in the new infiltration basins. B UD G E T I M PAC T: Funds for this project were included in the 2018 Stormwater Utility budget and will be partially reimbursed through a grant from the Dakota County Soil and Water Conservation District. AT TAC HM E NT S : Change Order Document(s) F inal Pay Documents I T E M: 4.Q. C O UNC I L ME E T I NG D AT E :J uly 26, 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 July 26, 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) Polly Brantner Accept Resignation Division/Department Specialist Full-Time, Regular 1020 7/25/2018 Kirsten Buckner Hire Lifeguard Casual, Seasonal 1940 $ 10.50 Hourly C-02 7/21/2018 Stephen Colford Rehire Ice Resurfacer Driver Casual, Variable Hour 1900 $ 13.40 Hourly C-06 7/23/2018 Virginia Discenza Hire Elections Assistant Casual, Seasonal 1015 $ 18.00 Hourly C-10 7/16/2018 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.R. C O UNC I L ME E T I NG D AT E :J uly 26, 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 J uly 3, 2018, and J uly 11, 2018, in the amounts of $895,427.19, and $1,064,552.12, 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 :J uly 26, 2018 S E C T I O N:Regular A genda Description: P resent Certificate of Recognition to Citizen Dale Nelson S taff Contact: J on Rechtzigel, Police Chief Department / Division: P olice Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: Dale Nelson has served as a key contributor to the mock crash events held each spring at our area high schools for the past twenty-five years. Mock crash programs have provided a very realistic, and sometimes graphic, reminder to our community’s students of the dangers involved with driving under the influence of drugs or alcohol. Each year, as the weather warms up and high school students prepare for prom, graduation parties, and summertime events with friends, high school staff along with members of the community come together for this event. Mr. Nelson has volunteered to emcee mock crashes at both Apple Valley and Eastview High Schools along with schools in Burnsville, Eagan, and Lakeville. As impactful as seeing the twisted metal of a crashed vehicle or an injured student lying on the pavement can be, Mr. Nelson brings the experience to another level with his narration of the event. During the past twenty-five years, Mr. Nelson has influenced thousands of students to make safer decisions. For his selfless work, Mr. Nelson is presented with this Certificate of Recognition. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A I T E M: 5.B. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Regular A genda Description: P resent Certificate of Recognition to Citizen Robert Helgren S taff Contact: J on Rechtzigel, Police Chief Department / Division: P olice Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: On J anuary 25, 2018 at approximately 9:30 in the morning, Robert Helgren was inside his apartment at the Cobblestone Square Apartments when he noticed an unknown male standing in his kitchen. Mr. Helgren ordered the male to leave his apartment and then conducted an inventory of his property. Mr. Helgren quickly determined he had just been the victim of a burglary as he noticed his credit cards and cell phone were missing. Mr. Helgren left his apartment, noticed the male suspect standing in the hall, and gave chase. Mr. Helgren caught the suspect near the front entry to the apartment complex. With the help of another citizen, Mr. Helgren detained the burglar until law enforcement could arrive on scene. Based on Mr. Helgren’s account of the event and additional information gathered during the investigation, the male suspect and a second perpetrator were both criminally charged with burglary. Mr. Helgren’s quick actions directly resulted in the apprehension and prosecution of two suspects involved in this incident. For his actions, Mr. J ohnson is presented with this Certificate of Recognition. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A I T E M: 5.C. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Regular A genda Description: Receive Certificate of Achievement for Excellence in F inancial Reporting for 2016 S taff Contact: Ron Hedberg, Finance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: T he City of A pple Valley was recently awarded the C ertificate of A chievement for Excellence in Financial Reporting from the Government Finance Officers Association (G FO A) for the C ity’s 2016 annual financial report, the sixth consecutive year. J ulie Stahl, a representative from the MN G FO A will be attendance to present the award. B AC K G RO UND: T he C ity of Apple Valley has participated in the C ertificate of Achievement for Excellence in Financial Reporting program through the Governmental Finance Officers Association for the past six years. I am proud to announce that the City of A pple Valley has been awarded the C ertificate of Achievement for Excellence in Financial Reporting from the Governmental Finance Officers Association for our 2016 annual financial statements. To earn this award, the C ity of Apple Valley had to conform to the Governmental Finance Officers Association program's demanding criteria, which go well beyond the minimum requirements of G enerally Accepted A ccounting Principles. T he receipt of this award reflects a high degree of dedication and leadership on the part of the City C ouncil. As part of the process our financial statements were reviewed by an impartial panel of government finance officers, independent Certified Public Accountants and other professionals with expertise in governmental accounting and financial reporting. Only those reports that are judged by all reviewers to have met the program’s criteria are awarded the Certificate of Achievement for excellence in financial reporting. T his certificate of achievement would not have been possible without the support of the City Council and efforts of the entire Finance Department, especially Assistant Finance Director Cathy Broughten and Finance Analyst J acob Bosley. B UD G E T I M PAC T: T here are no direct financial impacts from participation in the program. AT TAC HM E NT S : Exhibit I T E M: 5.D. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Regular A genda Description: A uthorize A cceptance of CenterPoint E nergy Community Partnership Grant for Use by Fire Department S taff Contact: Charles Russell, A cting F ire Chief Department / Division: Fire Department AC T I O N RE Q UE S T E D: Accept grant award of $1,250 from CenterPoint Energy Community Partnership Grant program to develop Narcan Dispensing Program. S UM M ARY: CenterPoint Energy Community Partnership Grant Program notified us on May 14, 2018 that we were awarded a $1,250 grant to match funds that will allow us to develop and implement a Narcan Dispensing Program. In response to the growing opioid overdose issue, we will work with Allina Health to develop a program where each of our firefighters will be offered training in the proper administration of Narcan nasal spray to counteract the effects of opioid overdose. We will receive the check from CenterPoint at J uly 26, 2018, C ity Council Meeting. B AC K G RO UND: Each year CenterPoint Engery offers a Community Partnership Grant program focused on enhancing the first responder's ability to respond to and mitigate a community emergency. "T his program in another way in which we work to help make the communities we serve better places to live and work", said Tracy Bridge, Director of Government and Public Relations. T he Fire Department needs to be as responsive as possible to the opioid overdose issue and the best way to do that is to provide the necessary training for the firefighters and to equip our first out vehicles with sets of the nasal spray dosage syringes. T his grant, when added to our existing funds, will allow us to do both of those things. B UD G E T I M PAC T: T he Fire Department will utilize existing, 2018 budget year, training and general supply funds to match the required fifty percent of the grant award. I T E M: 5.E. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Regular A genda Description: S prings at Cobblestone L ake S taff Contact: Thomas L ovelace, City Planner Department / Division: Community Development Department Applicant: Continental 432 Fund, L L C P roject Number: P C18-01-P Z B Applicant Date: 5/15/2018 60 Days: 120 Days: AC T I O N RE Q UE S T E D: 1. Accept the first reading of the proposed planned development ordinance, waive the provision for the second reading and pass the draft ordinance amending Chapter 155, Appendix F, of the C ity C ode, Regulating Planned Development No. 703/Zone 5 of the City C ode of Ordinances. 2. Adopt the draft resolution approving the Springs at C obblestone Lake final plat and development agreement, and that the Mayor and City C lerk be authorized to sign the agreement after review and acceptance of the final document by the C ity Administrator and C ity Attorney. 3. Adopt draft resolution approving the Springs at Cobblestone Lake Planned Development A greement, and that the Mayor and C ity C lerk be authorized to sign the agreement after review and acceptance of the final document by the C ity Administrator and C ity Attorney. 4. Approve the amendment to the agreement with South Shore Development, Inc. and Dakota C ounty for future right-of-way along Pilot Knob Road and 160th Street West and authorize the Mayor and C ity Clerk to sign the document. S UM M ARY: Attached for your consideration are the final draft of proposed amendments to Planned Development No. 703 that identifies the permitted uses, area requirements, and performance standards for zone 5 of the planned development; the draft planned development agreement; and the draft final plat and development agreement for the Springs at C obblestone Lake subdivision. T his plat consists of one (1) lot and zero (0) outlots. T he 11.86-acre/196-unit apartment development is located at the northwest corner of 160th Street West and Elmhurst Lane. T he ordinance amendments identify the permitted, accessory and conditional uses; area requirements and special performance standards for Planned Development No. 703/zone 5, which are specific to the City approved development plans for the 196-unit apartment complex. T he development agreement that has been prepared refers to the installation and required financial guarantees for all of the developer-installed items. Park dedication requirements for this subdivision have been previously satisfied with the approval of a C obblestone Park Agreement and the First A mendment to the C obblestone Park Agreement. Storm water pond dedication requirements have also been satisfied with the approval of the C obblestone Lake Restoration and Subdivision Agreement. T he agreement includes as exhibits the following documents: 1. Declaration of Covenants Regarding Underground Stormwater Infiltration Agreement, which identifies the developer's obligations for the installation, operation, and maintenance of the development's underground storm water infiltration system; 2. Storm Water Pond and Infiltration Basin Construction and Maintenance Agreement that identifies the responsibilities for the construction and maintenance of the onsite infiltration basins; 3. A right of access agreement (access restriction easement) that restricts access from the lot to C obblestone Lake Parkway and Elmhurst Lane except where identified on the approved site plan; and 4. A maintenance agreement that ensures the perpetual maintenance of the onsite private sanitary system. Included as part of the approved final plat will be the dedication of a trail easement over the north .5 acres of property in the final plat that directly abuts C obblestone Lake Parkway. T his easement area will be the location of a section of the North Creek Greenway trail, which will be constructed as part of the development and will be maintained by Dakota County. T he third item for consideration is the planned development agreement, which is a document between the C ity and developer, that acknowledges that the developer will develop the property in accordance with the conditions set forth in the planned development ordinance, approved preliminary plat and site plan/building permit authorization resolutions, and approved development plans. T he agreement also allows for minor deviations to the plans upon approval by City staff. T he final item for your attention is the amendment to the Pilot Knob Road/160th Street West right-of-way agreement between the City, D akota C ounty and South Shore Development, Inc. T he original agreement, which was approved in 2011, provided for the preservation of 25 feet along the east side of Pilot Knob Road and the north side of 160th Street West that would be reserved for a potential future compact interchange at the intersection of the two roadways. During the review of the proposed Springs at C obblestone Lake development, it was found that the reserved area adjacent to the Springs site needed clarification. T he amendment provides that with the addition of the legal description of the reserved area and does not change the intent of the original agreement. B AC K G RO UND: A public hearing on a proposed rezoning and subdivision by preliminary plat of the subject property was held by the Planning C ommission on February 21, 2018, and was recommended for approval by the C ommission at its April 4, 2018, meeting. On May 10, 2018, the City Council approved the rezoning, and the Springs at C obblestone Lake preliminary plat. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Ordinance Resolution Agreement Resolution F inal Plat Agreement Agreement Agreement Agreement Agreement L ocation Map Agreement Presentation 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 A28 REGULATING PLANNED DEVELOPMENT DESIGNATION NO. 703 The City Council of Apple Valley ordains: Section 1. Article A2 of the Apple Valley City Code, is hereby amended by revising Section A28-2 (F) to read as follows: § A28-2 PERMITTED USES. * * * * (F) This zone is reserved and intended for area within the Cobblestone Lake development where high-density townhouses and apartment dwelling units are expected at an overall maximum density of 24 units per acre. Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: (1) Multiple-residential dwellings, provided they are served by public sanitary sewer and water systems and provided no single structure contains in excess of 20 dwelling units. (2) Community based family care home, day care home, or such home for the care of the mentally or physically handicapped licensed by the state. (3) Public utility buildings and structures. (4) Home occupation as defined in § 155.003. (5) Parks and playgrounds. 2 Section 2. Article A2 of the Apple Valley City Code is hereby amended by adding Section A28-3 (E) to read as follows: § A28-3 CONDITIONAL USES. * * * * (E) Zone 5. Within this zone, no structure or land shall be used except for one or more of the following uses or use deemed similar by the City Council, without a conditional use; permit (1) Community-based family care home, day care home not licensed under Minnesota state statute or a community-based residential care facility or day care facility in a multiple dwelling unit when: (a) Facility meets all existing health, fire, building and housing codes. (b) Separation of one-quarter mile exists between such facilities. The city council may grant exception to the one-quarter mile rule when strong community support exists, program effectiveness is closely tied to particular cultural resources in the community, or an effective natural or manmade barrier exists between facilities. (c) Such conditional use permit shall be reviewed at one-year intervals. Section 3. Article A2 of the Apple Valley City Code is hereby amended by adding Section A28-4 (F) to read as follows: § A28-4 PERMITTED ACCESSORY USES. (F) Zone 5. Within this zone, the following uses or uses deemed similar by the City Council shall be permitted accessory uses: * * * * (1) Buildings, construction and sales trailers, trash dumpsters, or portable storage units temporarily located on the subject lot only for the purposes of construction on the premises for a period of time not to exceed time necessary for such construction, or for the leasing of multi-family dwellings in a new development. Trash dumpsters shall be removed from the subject lot when full. (2) Private recreational buildings, facilities, community centers and swimming pools, when accessory to the multiple-dwelling use, for use by the occupants of the premises. (3) Off-street parking as regulated in the zoning chapter. 3 (4) Refuse storage as regulated in the zoning chapter. (5) Decorative landscape features. (6) Detached garages (7) Maintenance buildings (8) Private on-site parking at a minimum rate of 1.1 surface spaces and one garage space per dwelling unit. (9) Essential public service facilities provided all requirements are met. (10) Garage sales not to exceed three (3) per calendar year. Section 4. Article A2 of the Apple Valley City Code is hereby amended by adding Zone 5 to Section A28-5 (B) (1), the Table of Minimum Area Standards and Requirements, to read as follows: § A28-5 MINIMUM AREA STANDARDS AND REQUIREMENTS. (B) The following minimum area standards and requirements shall be met and no improvements shall be placed on such lands unless the lands to be used or improved shall meet the following area and dimensional requirements: (1) Table of Minimum Area Standards and Requirements. * * * * Specification Zone 5 Maximum Units Per Acre 24 Minimum Units Per Acre 12 Maximum Number of Stories 3 Minimum building setbacks (feet) Along principal arterial or minor expander streets 35 Along Pilot Knob Road right-of-way reserve area 25 Along 160th Street West right-of-way reserve area 10 Along community or neighborhood collector streets 15 4 Along local streets 15 Along any side or rear yard 10 From multiple-residential buildings on the same lot 15 Minimum parking lot setbacks Along principal arterial or minor expander streets 15 Along 160th Street West right-of-way reserve area Along community or neighborhood collector streets 10 Along local streets 10 Along any side or rear yard 10 Minimum garage/accessory building setbacks Along principal arterial or minor expander streets 25 Along 160th Street West right-of-way reserve area 15 Along community or neighborhood collector streets 10 Along local streets 25 Along any side or rear yard 10 Maximum building coverage 35% Maximum building height (feet) 35 Section 5. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. PASSED by the City Council this --- day of ----, 2018. _________________________________ Mayor Hamann-Roland, Mayor ATTEST: 5 ________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2018-___ PLANNED DEVELOPMENT AGREEMENT APPROVAL SPRINGS AT COBBLESTONE LAKE 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 rezoning and zoning amendments, and subdivision of land by plat on February 21, 2018; and WHEREAS, the City Planning Commission recommended its approval of rezoning and subdivision of land by plat on April 4, 2018; and WHEREAS, the City Council approved the rezoning and subdivision of land by plat on May 10, 2018; and WHEREAS, the City Council approved the zoning amendments to Planned Development No. 703 and the Springs at Cobblestone Lake final plat and development agreement on July 26, 2018; 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. 703 for the Springs at Cobblestone Lake 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: SPRINGS AT COBBLESTONE LAKE ADOPTED this 26th day of July, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: 2 ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council and the final plat described therein is hereby released for recording with the Dakota County Recorder this _____ day of __________________, ______. ____________________________________ Pamela J. Gackstetter, City Clerk PLANNED DEVELOPMENT AGREEMENT Springs At Cobblestone Lake THIS PLANNED DEVELOPMENT AGREEMENT (“Agreement”) is made by and between the City of Apple Valley, a Minnesota municipal corporation, (hereinafter the “City”) and Continental 432 Fund LLC, a Wisconsin limited liability company, (hereinafter the “Owner”). WHEREAS, the Owner is the fee title holder of real property in Dakota County, Minnesota, legally described as Lot One, Block One, Springs at Cobblestone Lake (the “Property”), which is governed by this Agreement; and WHEREAS, the Owner and the City desire to provide for development of the Property in accordance with Planned Development Designation No. 703, Zone 5, as amended; and WHEREAS, the parties hereby acknowledge that this Agreement, the attached exhibits (Exhibits “A” and “B”) and the additional 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 Planned Development Ordinance No. 703, with all plans and specifications submitted by the Owner and approved by the City, which are incorporated herein by reference and the following Exhibits attached hereto and incorporated herein: Exhibit “A” Conditions of Preliminary Plat Approval set forth in City of Apple Valley Resolution No. 2018-63. Exhibit “B” Conditions of Building Permit Authorization set forth in City of Apple Valley Resolution No. 2018-64. 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. 5. 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. 6. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 7. This Agreement shall run with the Property and shall be recorded in the Office of the Dakota County Recorder or Registrar of Titles. 8. This Agreement shall be governed by and construed under the laws of the State of Minnesota. 9. 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. [Signature pages follow.] PLANNED DEVELOPMENT AGREEMENT Signature Page for the City 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 PLANNED DEVELOPMENT AGREEMENT Signature Page for the Owner Continental 432 Fund LLC, a Wisconsin limited liability company By: Continental Properties Company, Inc. A Wisconsin corporation, its manager By: Daniel J. Minahan Its: President STATE OF WISCONSIN ) ) ss. COUNTY OF ) On this day of , 2018, before me a Notary Public within and for said County, personally appeared Daniel J. Minahan to me personally known, who being by me duly sworn, did say that he is the President of Continental Properties Company, Inc. a Wisconsin Corporation, manager of Continental 432 Fund LLC, a Wisconsin limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company by authority of the limited liability company and acknowledged said instrument to be the free act and deed of the limited liability company. 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 (66-40181) EXHIBIT A CITY OF APPLE VALLEY RESOLUTION NO. 2018M63 PRELIMINARY PLAT APPROVAL SPRINGS AT COBBLESTONE LAKE 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 ofland 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 21, 2018; and WHEREAS, the City Planning Commission reviewed the preliminary plat for confom1ance with the standards of Chapter 153 of the City Code and made a recommendation regarding its approval on April 4, 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 plat of land is hereby approved for a twoMyear period, to wit: SPRINGS AT COBBLESTONE LAKE BE IT FURTHER RESOLVED, that said preliminary plat approval is subject to the appropriate rezoning, which must be completed prior to final plat approval. BE IT FURTHER RESOLVED, that said preliminary plat approval is subject to the approval of Dakota County due to the adjacent highway under its jurisdiction, and is further subject to appropriate revisions and/or highway improvements that said agency may condition its approval on. 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 approval: 1. The plat shall be configured to have one (1) lot and zero (0) outlots. 2. The parties mutually recognize and agree that park dedication requirements, as provided in Chapter 153 of the City Code for this subdivision are set forth in the Cobblestone Park Agreement dated November 8, 2001, and as amended by the First Agreement to the Cobblestone Park Agreement dated April 24, 2003. 3. The parties mutually recognize and agree that storm water pond dedication requirements, as provided in Chapter 153 of the City Code shall be satisfied as set forth in the Restoration and Subdivision Agreement dated May 11, 2000, as amended on December 29, 2000, executed by Cobblestone Lake Development, LLC, and the City. 4. Dedication on the final plat of a ten foot (10') wide easement for drainage, utility, street, sidewalk, streetlights, and tree plantings along the entire perimeter of lot within the plat wherever abutting public road right-of-ways. 5. Dedication on the final plat of a five foot (5') wide drainage and utility easement along all common lot lines. 6. 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. The Developer shall enter into an agreement with the City for payment of the design of said municipal improvements. 7. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of the onsite private sanitary system. 8. Installation and construction of all storm water infiltration areas and underground storm. water infiltration system to serve the subdivision shall be in conformance with the City standards. 9. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of the storm water infiltration areas and underground storm water infiltration system. 10. Submission of a final grading plan and lot elevations with erosion control procedures, to be reviewed and approved by the City Enginee!. 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. Installation of City street trees on boulevard areas of public street right-of-ways, in accordance with species, size, and spacing standards established in the Apple Valley Streetscape Management Plan. 12. Dedication of one foot (1') wide easements whlch restrict direct driveway access to Cobblestone Lake Parkway and Elmhurst Lane except where indicated on an approved site plan. 13. Dedication of a trail, drainage and utility easement over .5 acres of Lot 1 abutting Cobblestone Lake Parkway as shown on the "Trail Easement Exhibit", dated 2 April 25, 2018, for the purpose of constructing a section of the Dakota County North Creek Greenway Trail 14. Installation of a public (or private) street lighting system, constructed to City and Dakota Electric Company standards. 15. Construction shall be limited to the hours of 6:00 a.m. to 10:00 p.m. Monday through Friday. Weekend construction hours of shall be limited to Saturday from 8:00 a.m. to 5:00 p.m. and shall be limited interior finish construction only. 16. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m. Monday through Friday. 17. 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 10th day of May, 2018. ATTEST: 3 EXHIBIT B CITY OF APPLE VALLEY RESOLUTION NO. 2018 -64 A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR SPRINGS AT COBBLESTONE LAKE AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that 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 April 4, 2018. 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 the Springs at Cobblestone Lake is hereby authorized, subject to all applicable City Codes and standards, and the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the approval shall lapse. 2. The Building Permit shall be applicable to property identified as Lot 1, Block 1, Springs at Cobblestone Lake, preliminary plat. 3. Approval and issuance of any pennits shall be subject to the completion of rezoning of the property to "PD-703/zone 5" (Planned Development). 4. Construction shall occur in conformance with the site plan dated April 17, 2018, 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. 5. A minimum of 406 parking spaces that will include one (1) garage space per dwelling unit shall satisfy the parking requirements. 6. Construction shall occur in conformance with the landscape plans dated April 17, 2018, (including sodded/seeded public boulevard area up to each street curbline); subject to submission of a detailed landscape planting price list for verification of the City's 2½% landscaping requirement at the time of building pennit application. 7. Construction shall occur in conformance with the building elevation plans dated March 28, 2018. 8. Construction shall occur in confonnance with the garage elevation plans dated April 17, 2018. 9. Perimeter fencing shall be installed in accordance with the fence plan, dated May 4, 2018. 10. A license to encroach agreement shall be executed between the City and property . owner that will allow the fence columns to be located in the site's perimeter drainage and utility easements. 11. Site grading shall occur in conformance with a 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 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. 12. All above and below ground storm water infiltration systems shall be constructed in conformance with the City standards. 13. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of the above ground infiltration areas. 14. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of the underground storm water infiltration system. 15. Utility construction shall occur in conformance with a final utility plan to be submitted for review and approval by the City Engineer. 16. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of the onsite private sanitary system. 17. Construction shall be in conformance with the lighting plan dated April 17, 2018. 18. 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 erection of any signs. 2 19. Construction shall be limited to the hours of 6:00 a.m. to 10:00 p.m. Monday through Friday. Weekend construction hours of shall be limited to Saturday from 8:00 a.m. to 5:00 p.m. and shall be limited to interior finish construction only. 20. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m. Monday through Friday. 21. 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. 22. Approval and issuance of any permits shall be subject to approval of the retaining wall plans by the City Engineer, Building Inspections Department and Dakota County. 23. Approval and issuance of any permits shall be subject to City staff approval of a construction phasing/staging plan. 24. Issuance of a Building Permit and a final certificate of occupancy are contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the cmTent 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. 25. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. 3 ADOPTED this 10th day of May, 2018. ATTEST: 4 CITY OF APPLE VALLEY RESOLUTION NO. 2018-___ FINAL PLAT AND SUBDIVISION AGREEMENT APPROVAL SPRINGS AT COBBLESTONE LAKE 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 21, 2018; 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 April 4, 2018, which was subsequently approved by the City Council on May 10, 2018; and WHEREAS, pursuant to Chapter 153 of the City Code, a development 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; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the development 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: SPRINGS AT COBBLESTONE LAKE 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 26th day of July, 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 DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PER DOC. NO. 2735273. DENOTES 1/2 INCH IRON MONUMENT MARKED BY LICENSE NO. 12294 FOUND, UNLESS OTHERWISE INDICATED. 0 SCALE IN FEET 80 160 KNOW ALL PERSONS BY THESE PRESENTS: That Continental 432 Fund LLC, a Wisconsin limited liability company, owner of the following described property situated in the County of Dakota, State of Minnesota: Outlots L and M, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Has caused the same to be surveyed and platted as SPRINGS AT COBBLESTONE LAKE, and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat. In witness whereof said Continental 432 Fund LLC, a Wisconsin limited liability company, has caused these presents to be signed by its proper officer this _______ day of _________________, 20______. Signed: Continental 432 Fund LLC By: Continental Properties Company, Inc., its Manager Daniel J. Minahan, President STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this day of , 20 , by Daniel J. Minahan as President of Continental Properties Company, Inc., a Wisconsin corporation, Manager of Continental 432 Fund LLC, a Wisconsin limited liability company, on behalf of the company. Notary Public, County, Notary Printed Name My Commission Expires I Mark R. Salo do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.1, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 Mark R. Salo, Licensed Land Surveyor, Minnesota License No. 43933 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by Mark R. Salo. Notary Public, County, Minnesota Notary Printed Name My Commission Expires CITY COUNCIL, CITY OF APPLE VALLEY, COUNTY OF DAKOTA, STATE OF MINNESOTA This plat was approved by the City Council of Apple Valley, Minnesota this day of , 20 , and hereby certifies compliance with all requirements as set forth in Minnesota Statues, Section 505.03, Subd. 2. By: By: Mayor Clerk COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 . By: Todd B. Tollefson, Dakota County Surveyor COUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTA We do hereby certify that on the 19th day of June, 2018 , the Board of Commissioners of Dakota County, Minnesota approved this plat of SPRINGS AT COBBLESTONE LAKE, and said plat is in compliance with the provisions of Minnesota Statutes, Section 503.03 Subd. 2 and pursuant to the Dakota County Contiguous Plat Ordinance. By: Attest: Chair, Dakota County Board ĂŬŽƚĂŽƵŶƚLJdƌĞĂƐƵƌĞƌʹƵĚŝƚŽƌ DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 . By: Joel T. Beckman, Director, Department of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of SPRINGS AT COBBLESTONE LAKE was filed in the office of the County Recorder for public record on this day of , 20 , at o'clock .M., and was duly filed in Book of Plats, Page as Document Number . By: Joel T. Beckman, County Recorder SPRINGS AT COBBLESTONE LAKE ENGINEERING, PLANNING AND LAND SURVEYING SAMBATEK, INC. THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE WEST LINE OF OUTLOT M, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION HAVING AN ASSUMED BEARING OF NORTH 00 DEGREES 13 MINUTES 24 SECONDS WEST. VICINITY MAP SITEPILOT KNOB RD (C.S.A.H. NO. 31)SECTION 36, TOWNSHIP 115N, RANGE 20W, DAKOTA COUNTY, MINNESOTA 160TH ST (C.S.A.H. NO.46)ELMHURSTLNCOBBLESTO N E LAKE PKWY L:\PROJECTS\21034.01\CAD\Survey\Sheets\21034.01-FPLAT.dwg, 1, 6/27/2018 5:17:27 PM, DWG To PDF.pc3, 34x22, 1:1 1 _____________________ ______________________________ DEVELOPMENT AGREEMENT Between CONTINENTAL 432 FUND LLC And CITY OF APPLE VALLEY For SPRINGS AT COBBLESTONE LAKE _____________________ ______________________________ 2 WHEREAS, the City of Apple Valley, a Minnesota municipal corporation (the “City”), has been requested by Continental 432 Fund LLC, a Wisconsin limited liability company (the “Developer”) to approve for recording the following described re-plat of Outlots L and M, Cobblestone Lake commercial Addition (the “Property”): The Plat of Springs at Cobblestone Lake (the “Plat”) creating one lot for development of 196 residential units; and WHEREAS, pursuant to City Ordinances, the Planning Commission held a public hearing with reference to the application for approval of the Plat on February 21, 2018; and WHEREAS, the Planning Commission recommended its approval on April 4, 2018, subject to conditions; and WHEREAS, the City Council approved the Plat on May 10, 2018, subject to conditions; NOW, THEREFORE, in consideration of the mutual agreements of the parties it is hereby agreed by and between the parties as follows: 1. Plat. Subject to the terms and conditions of this Agreement, the City hereby approves for recording the plat known as Springs at Cobblestone Lake, as shown and noted on Exhibit “A” attached hereto. 2. Zoning. Any use or development of the Plat shall be in accordance with the provisions of the Ordinance for Planned Development Designation No. 7 03, Zone 5. 3. Conditions. The Developer shall comply with the conditions of preliminary plat approval set forth in City of Apple Valley Resolution No. 201 8-63, a copy of which is attached hereto as Exhibit “B” and incorporated herein. 4. Building Permit. The Developer shall comply with the conditions of building permit authorization set forth in City of Apple Va lley Resolution No. 2018-64, a copy of which is attached hereto as Exhibit “C” and incorporated herein. 3 5. Developer Installed Improvements. Subject to the provisions hereunder, the Developer shall grade the lots in the Plat and install improvements within the Plat, in accordance with and under the following conditions: A. To grade Property in accordance with the Site Development Plans prepared by Sambatek, Inc. issued January 16, 2018, and any subsequent revisions as approved by City Engineer. B. To install all utilities underground in the Plat in accordance with the utility plans approved by the City as more specifically set forth as part of the Plans, specifically including electrical, telephone, cable television and gas services. The Developer hereby represent that all utility services will be available for a building prior to occupancy. C. To install a protective box and cover over each sewer cleanout and water shutoff, in accordance with the Plans. D. To install all lot monuments prior to October 31, 2018. E. To comply with all requirements of the Natural Resources management regulatio ns as set forth in Chapter 152 of the Apple Valley City Code prior to, during and after the development of the Plat. The Developer further agrees to submit to the City for its approval, a Natural Resources Management Plan prior to any construction of land-disturbing activity in connection with the construction on each Lot in the Plat. 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. F. To install erosion control measures in accordance with the approved Natural Resources Management Plan. G. To install and maintain the stormwater infiltration system and to execute and record the Declaration of Covenants Regarding Underground Stormwater Infiltration Agreement in the form attached hereto as Exhibit “D” and incorporated herein which Agreement shall be recorded by Developer prior to issue of a building permit on the Property. H. To install and maintain storm water ponds and infiltration basins according to the Storm Water Pond and Infiltration Basin Construction and Maintenance Agreement attached hereto as Exhibit “E” and incorporated herein. I. To install each item noted in this Section at the Developer's sole cost and expense, in accordance with all plans reviewed and approved by the City. 4 J. The Developer shall repair any and all damage to City streets, curbs, gutters, utilities and other municipal improvements caused by or resulting from the development of the Plat, at the Developer’s sole cost and expense. K. To install and maintain all materials (trees, shrubs and sod) identified in the City approved landscape plan, prepared by Sambatek, Inc. issued April 17, 2018, and any subsequent revisions as approved by City Engineer. L. Construction 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 and shall be limited to interior finish construction only. Construction shall not be performed on Sundays or federal holidays. There shall be no deviation from the foregoing hours of construction without prio r written approval by the City Planner. M. Earthmoving activities shall be limited to the hours of 6:30 a.m. to 5:30 p.m. Monday through Friday. There shall be no deviation from the foregoing hours of construction without prior written approval by the City Engineer. N. Earth-moving 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. O. The Developer agrees to attend a meeting with representatives of the City, which meeting requires the attendance of all contractors and subcontractors, prior to commencement of any improvements. P. The Developer will not bury any pipe nor install bituminous surface nor pour concrete without the specific approval of the City Inspector, which approval shall not be unreasonably withheld, conditioned or delayed and shall be made by applying City standards uniformly and consistently applied in other City projects in accordance with applicable governing code, prior to the work being performed. Q. To deliver and to keep in existence with the City letters of credit or cash escrows in the aggregate amount of Eight Hundred Ninety-Four Thousand Five Hundred Thirty-Six and No/100 Dollars ($894,536.00) to secure the performance and payment of the obligations under this Agreement to the satisfaction of the City. The letter of credit must contain a provision that it is automatically renewable for successive one-year periods unless at least thirty (30) days prior to its expiration the issuer delivers written notice to the City of its intention to not renew the letter of credit. Following receipt of notice of non-renewal, the City may at any time thereafter, present the letter to the issuer a nd draw in cash the remaining principal obligation under the letter of credit. The letters of credit or cash escrows may be reduced periodically upon receipt of a written request from the Developer. The City shall have sixty (60) days to review the reque st and to approve or disapprove of a reduction to the letter of credit. The Developer acknowledges and agrees that the letter of credit shall not be reduced to an amount less than the amount the City deems necessary to secure the Developer’s remaining per formance and payment obligations under this Agreement. The letters of credit or cash escrow shall be 5 released completely within 30 days of the later of: (i) Developer’s receipt of the final certificate of occupancy for the project or (ii) City approval of the completion of Developer Improvements. R. Issuance of a Building Permit and a final certificate of occupancy for each building is contingent upon the project being constructed in conformance with all the preceding conditions set forth in this Agreement as well as all applicable performance standards of the current applicable zoning regulations. Certificates of Occupancy for each building in the Development may be issued upon completion of the improvements identified in the Phasing Schedule set forth in the Plans. S. That any material violation of the terms of this Agreement and in particular this section, shall allow the City (i) to stop and enjoin all construction in the Plat until authorization to proceed is given by the City and (ii) to exercise any other remedies available under this Agreement. The exercise of any remedy shall not preclude the exercise of any other remedies available to the City under this Agreement. The Developer agrees to hold the City harmless from any damages, causes of action, o r claims related to the construction being lawfully stopped by the City. 6. Occupancy. No occupancy of any building in the Plat shall occur until water, sanitary sewer, the first lift of paved surface are available for use to that building in accordance with the Plans. 7. Release of Plat. Prior to the release of the plat for recording, the Developer shall: A. Deliver to the City the Financial Guaranty of $894,536.00 B. Pay the following trunk charges in the total amount of $185,743.90 Sanitary Sewer: Amount $60,600.00 Calculation $303.00 per unit x 200 units Water: $32,950.26 $2,653 per acre x 12.42 acres Storm Sewer: $92,193.66 $5,942 per acre x 12.42 acres Total: $185,743.90 Prior to issuance of building permits, the Developer agrees to pay the City for the public services furnished to the Subdivision, 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: 6 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 SAC 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. Park Dedication. The parties mutually recognize and agree that park dedication requirements for the Plat, as provided in Chapter 153 of the City Code, has been satisfied as set forth in Cobblestone Lake Park Agreement dated November 8, 2001, as amended by the First Amendment to the Cobblestone Park Agreement dated April 24, 2003. 8. Storm Water Dedication. The parties mutually recognize and agree that the storm water pond dedication requirement, as provided in Chapter 153 of the City Code, has been satisfied as set forth in the Restoration and Subdivision Agreement dated May 11, 2000, and as amended on December 29, 2000, executed by Cobblestone Lake Development, LLC and the City of Apple Valley. 9. As-Built Surveys. The Developer must provide the City with as-built site surveys (“Surveys”) in a format acceptable to the City Engineer for the grading and installation of utilities of the Property within 30 days of completion of each sequence on the site phasing and for each building constructed within the Plat within 90 days following the issuance of a Certificate of Occupancy for each building. 10. Maintenance Agreement. The Developer shall prepare a maintenance agreement providing for the maintenance of the sanitary sewer lateral and service of the Property. 7 11. Easement. The Developer shall provide and record with the plat an access restriction easement in favor of the City to restrict access from the Subdivision to Elmhurst Drive, as set forth in the form attached hereto as Exhibit “F”. 12. Release. The Developer hereby specifically release the members of the City Council from any personal liability in connection with handling funds pursuant to the terms of this Agreement, and further agree to indemnify and hold the members of the City Council harmless from any claim, of any and every nature whatsoever caused by the negligent acts or omission of the Developer except for the members’ willful misconduct or negligence, that may arise as a result of this Agreement or the creating of the Plat. 13. Binding Terms. The parties mutually recognize and agree that the obligations under this Agreement are personal to the Developer and Developer’s successors and assigns and shall not run with the Plat or with the land comprising the Project unless set forth in a separate recorded document as required by this Agreement. 14. Acquisition Contingency. The parties acknowledge that the Developer must acquire the Property that is subject of the plat in order to undertake the Developer’s proposed development and uses under this agreement. Accordingly, the Developer ’s rights and obligations under this Agreement and all associated exhibits are contingent upon the Developer’s acquisition of the Property. Upon written notice from the Developer to the City that the Developer will not acquire the property, this Agreement , all associated exhibits and all obligations and liabilities hereunder shall terminate and be null and void. Upon the Developer ’s acquisition of the fee title to the Property and recording of the plat, the section 12 shall be of no further force and effect. 15. Severability. 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 8 not be affected thereby. Failure of either party to en force any such provision shall not act as a waiver by the non-defaulting party. 16. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Minnesota. 17. Termination. This Agreement shall terminate upon issuance of the final Certificate of Occupancy and completion of the Developer Improvements. Upon written request from Developer, and without further Council approval, the City will release the property from all or specific obligations of the Developer under this Agreement , provided the obligations from which Developer seeks to be released have been fully completed in accordance with the terms of this Agreement. 18. Notices. Any notice or election herein required or permitted to be given or serviced by any party hereto upon the other will be in writing and delivered in person, by facsimile, recognized overnight delivery service (i.e., Federal Express, UPS, etc.), or sent by United States certified or registered mail, postage prepaid, addressed as follows: If to Owner: Attn: Legal Department Continental 313 Fund LLC W 1234 N 8675 Executive Parkway Menomonie Falls, WI 53051-3310 If to the City: Attn: Clerk of City City of Apple Valley 7100 W. 147th St. Apple Valley, MN 55124 [Signature pages to follow] 9 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the day of _______________, 2018. 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 10 Development Agreement Signature page for Continental 432 Fund LLC CONTINENTAL 432 FUND LLC, a Wisconsin limited liability company By: Continental Properties Company, Inc. A Wisconsin corporation, its manager ___________________________________________________ By: Daniel J. Minahan Its: President STATE OF WISCONSIN) ) ss. COUNTY OF ) On this day of , 2018, before me a Notary Public within and for said County, personally appeared Daniel J. Minahan to me personally known, who being by me duly sworn, did say that he is the President of Continental Properties Company, Inc. a Wisconsin Corporation, manager of Continental 432 Fund LLC, a Wisconsin limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company by authority of the limited liability company and acknowledged said instrument to be the free act and deed of the limited liability company. ___________________________________ Notary Public This Instrument was drafted by: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 Telephone: (952) 953-3213 (MGD: 66-40181) DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PER DOC. NO. 2735273. DENOTES 1/2 INCH IRON MONUMENT MARKED BY LICENSE NO. 12294 FOUND, UNLESS OTHERWISE INDICATED. 0 SCALE IN FEET 80 160 KNOW ALL PERSONS BY THESE PRESENTS: That Continental 432 Fund LLC, a Wisconsin limited liability company, owner of the following described property situated in the County of Dakota, State of Minnesota: Outlots L and M, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Has caused the same to be surveyed and platted as SPRINGS AT COBBLESTONE LAKE, and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat. In witness whereof said Continental 432 Fund LLC, a Wisconsin limited liability company, has caused these presents to be signed by its proper officer this _______ day of _________________, 20______. Signed: Continental 432 Fund LLC By: Continental Properties Company, Inc., its Manager Daniel J. Minahan, President STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this day of , 20 , by Daniel J. Minahan as President of Continental Properties Company, Inc., a Wisconsin corporation, Manager of Continental 432 Fund LLC, a Wisconsin limited liability company, on behalf of the company. Notary Public, County, Notary Printed Name My Commission Expires I Mark R. Salo do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.1, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 Mark R. Salo, Licensed Land Surveyor, Minnesota License No. 43933 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by Mark R. Salo. Notary Public, County, Minnesota Notary Printed Name My Commission Expires CITY COUNCIL, CITY OF APPLE VALLEY, COUNTY OF DAKOTA, STATE OF MINNESOTA This plat was approved by the City Council of Apple Valley, Minnesota this day of , 20 , and hereby certifies compliance with all requirements as set forth in Minnesota Statues, Section 505.03, Subd. 2. By: By: Mayor Clerk COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 . By: Todd B. Tollefson, Dakota County Surveyor COUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTA We do hereby certify that on the 19th day of June, 2018 , the Board of Commissioners of Dakota County, Minnesota approved this plat of SPRINGS AT COBBLESTONE LAKE, and said plat is in compliance with the provisions of Minnesota Statutes, Section 503.03 Subd. 2 and pursuant to the Dakota County Contiguous Plat Ordinance. By: Attest: Chair, Dakota County Board ĂŬŽƚĂŽƵŶƚLJdƌĞĂƐƵƌĞƌʹƵĚŝƚŽƌ DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 . By: Joel T. Beckman, Director, Department of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of SPRINGS AT COBBLESTONE LAKE was filed in the office of the County Recorder for public record on this day of , 20 , at o'clock .M., and was duly filed in Book of Plats, Page as Document Number . By: Joel T. Beckman, County Recorder SPRINGS AT COBBLESTONE LAKE ENGINEERING, PLANNING AND LAND SURVEYING SAMBATEK, INC. THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE WEST LINE OF OUTLOT M, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION HAVING AN ASSUMED BEARING OF NORTH 00 DEGREES 13 MINUTES 24 SECONDS WEST. VICINITY MAP SITEPILOT KNOB RD (C.S.A.H. NO. 31)SECTION 36, TOWNSHIP 115N, RANGE 20W, DAKOTA COUNTY, MINNESOTA 160TH ST (C.S.A.H. NO.46)ELMHURSTLNCOBBLESTO N E LAKE PKWY L:\PROJECTS\21034.01\CAD\Survey\Sheets\21034.01-FPLAT.dwg, 1, 6/27/2018 5:17:27 PM, DWG To PDF.pc3, 34x22, 1:1 EXHIBIT A EXHIBIT B EXHIBIT C 1 STORM WATER INFILTRATION BASINS CONSTRUCTION AND MAINTENANCE AGREEMENT THIS AGREEMENT (“Agreement”) is made by and between Continental 432 Fund LLC, a Wisconsin limited liability company, (the “Owner”) and the City of Apple Valley, a Minnesota municipal corporation, (the “City”). The Owner and the City shall jointly be referred to as the “Parties.” WHEREAS, the Owner is or will be the fee owner of real property legally described as follows: OUTLOT L & M, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION to be known as: Lot 1, Block 1, Springs at Cobblestone Lake, according to the plat to be recorded thereof, Dakota County, Minnesota (the “Property”); WHEREAS, the City Council approved a site plan and authorized a building permit for improvements upon the Property. The building permit authorization is subject to a number of conditions as set forth in the City Council’s Resolution No. 2018 - 64, which includes, but is not limited to, the requirement that all construction and site improvements be in conformance with the approved site plan (the “Site Plan”), and in conformance with City Code. The Site Plan is attached hereto as Exhibit “A” and incorporated herein; WHEREAS, the Site Plan, in accordance with the City Code, requires the Owner to install and maintain six (6) infiltration basins on a portion of the Property as depicted on the Site Plan; WHEREAS, the City requires the Owner to install the infiltration basins in accordance with the approved plans and specifications, including but not limited to the following plans prepared by Sambatek, Inc., attached hereto as Exhibits A - E and incorporated herein. Exhibits A - E shall be collectively referred to as the “Specifications”; Exhibit A Sheet C3.01 Site Plan Exhibit B Sheet C4.01 Grading Plan: Exhibit C Sheet C7.01 Storm Water Plan-Overall Exhibit D Sheet L1.01 Overall Tree Plan EXHIBIT D 2 Exhibit E Sheet L2.01 Shrub Overall Plan WHEREAS, the purpose of installing and maintaining the infiltration basins is on-site storm water management and to promote the water quality and volume control of the City’s water bodies; WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction and maintenance of the infiltration basins, as between the Parties, on the terms and conditions hereinafter set forth; and NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each party to the other, as hereinafter set forth, the Parties agree as follows: 1. Construction and Maintenance. 1.1 Infiltration Capacity Defined. The infiltration basin shall infiltrate through the soil surface or filter media the required water quality volume per the approved storm water management plan within 48 hours or less (the “Infiltration Capacity”). 1.2 Construction Requirements. The infiltration basin shall be constructed and maintained in accordance with the Specifications. 1.3 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the infiltration basin in accordance with the terms and conditions set forth in this Agreement. If at any time any infiltration basin fails to conform to the standards and the Specifications set forth herein, including, but not limited to, the Infiltration Capacity, the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the infiltration basin to the standards set forth herein. If the City approves the proposed remediation plan and schedule, the Owner shall perform the remediation in compliance therewith. 1.4 Snow and Leaves Removal and Prohibited Storage. The Owner shall sweep clean the driveway and parking area on the Property in April or May each year to remove from the Property all sand and salt deposited on the driveway and parking area. The Owner shall remove all tree leaves from the Property after they fall to the ground in October or November each year. The Owner shall not deposit or store snow within the infiltration basin. 1.5 Personal Property or Debris Storage Prohibited. The Owner shall not deposit or store any personal property or debris, litter, or other objects within the infiltration basin and the Owner shall keep the infiltration basin free of any debris, leaves, litter, or other objects. 1.6 Maintenance of Vegetation. The Owner shall maintain and, when necessary, replace the approved vegetation set forth on Exhibit “E.” The Owner shall not use any chemicals within the infiltration basins unless first approved by the City and only when 3 necessary for the protection of the infiltration basins or its vegetation. The Owner shall repair any erosion within or surrounding the infiltration basins. 1.7 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the infiltration basins. 2. Inspections. The Owner shall conduct monthly inspections of the infiltration basin, at the Owner’s sole cost and expense, to ensure the Infiltration Capacity and a healthy plant community is maintained. If necessary, the Owner shall repair any infiltration basin if the Infiltration Capacity or healthy plant community is not in conformance with the standards set forth herein. Repairing landscape and vegetation to maintain a healthy plant community may include replacement of dead or diseased plants, vegetation or mulch and removal of noxious weeds, litter or other debris. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the infiltration basins do not conform to the minimum Infiltration Capacity or any other requirements of the Specifications or this Agreement, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty (30) days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within fourteen (14) days after receipt of such notice. 3.2 Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City-approved remediation plan to bring the infiltration basins into compliance with the Infiltration Capacity or Specifications, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the infiltration basins and complete all work necessary to correct the infiltration basins so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the infiltration basin and all work completed by the City to bring the infiltration basins back into compliance with the Infiltration Capacity and Specifications. 3.4 Waiver of Rights. If the Owner does not timely reimburse the City, the City may recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes § 429.081. 4 3.5 Right of Entry. The City shall have the right to enter the Property to inspect and to implement the terms of this Section 3. The City shall not be subject to or liable for any claims of trespass by the Owner. 4. Standards for Performance. Any act of construction, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 5. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, any may condition consent upon such terms as the City deems desirable. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 6. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 7. Recording Agreement. The Owner shall record this Agreement against the Property with the Dakota County Recorder’s Office within thirty (30) days of full execution and shall provide the City with verification of recording within ninety (90) day of full execution of this Agreement. 8. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. [Signature pages to follow.] 5 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT Signature Page for the City CITY OF APPLE VALLEY ______________________________ By: Mary Hamann-Roland Its: Mayor ______________________________ 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, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. __________________________ Notary Public 6 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT Signature Page for the Owner Continental 432 Fund LLC, a Wisconsin limited liability company By: Continental Properties Company, Inc. a Wisconsin corporation, its manager ___________________________________ By: Daniel J. Minahan Its: President STATE OF WISCONSIN ) ) ss. COUNTY OF ___________ ) The On this ____ day of__________, 2018, before me a Notary Public within and for said County, personally appeared Daniel J. Minahan to me personally known, who being by me duly sworn, did say that he is the President of Continental Properties Company, Inc. a Wisconsin Corporation, manager of Continental 432 Fund LLC, a Wisconsin limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company by authority of the limited liability company and acknowledged said instrument to be the free act and deed of the limited liability company. __________________________ 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 (PV: 66-40181) EXHIBIT A 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SCALE$$$$$$$$$$$$$$$IN$$$$$$$$$$$$$$$$$$FEET121161$M]u$19-$3129$.$5=2;li$.$Uoan=fsauaj^anc$L=[PROJECTS[32145[CAD[Cereh[Sdaapo[32145.L3.Sdnq^/‘scF0,./MBLO;IP?L9FFJdb]XVfFbVTf\ba=Xdf\Y\VTf\baM[XXf$N\f_XMg‘‘TdkLXh\e\ba$B\efbdkM[XXf$Hb,LXh\e\baJdb]XVf$Hb,D]paSq^iepp]h$0$RareoekjNk/BuDaoecja‘=Dn]sj=Allnkra‘=Bkkg$0$P]ca=Pd]oa=Ijepe]h$Iooqa‘==_\Xaf=IHNCH?HN9F210$@OH>$FF=W245$EXECUTIVE$PKWYMENOMONEE$FALLS-$WI$64162MJLCHAM$9N=I;;F?MNIH?F9E?9JJF?$P9FF?S*GHPILOT$KNOB$ROAD$($271TH$STREETGDAJMWMCAPRELIMINARY120270312932145Raceopn]pekj$Nk/I$dana^u$_anpebu$pd]p$pdeo$oqnrau-$lh]j$kn$nalknp$s]olnal]na‘$^u$ia$kn$qj‘an$iu$‘ena_p$oqlanreoekj]j‘$pd]p$I$]i$]$‘qhu$Le_ajoa‘$LANDSCAPEARCHITECT$qj‘an$pda$h]so$kb$pda$Sp]pa$kbMejjaokp]/Tdeo$_anpebe_]pekj$eo$jkp$r]he‘$qjhaoo$sap$oecja‘$ej$^hqaejg/$$Ib$]llhe_]^ha-$_kjp]_p$qo$bkn$]$sap$oecja‘$_klu$kbpdeo$oqnrau$sde_d$eo$]r]eh]^ha$qlkj$namqaop$]pS]i^]pag-$Mejjapkjg]-$MN$kbbe_a/D]pa=51363Wehhe]i$L/$Dah]jau12027031291401;029JMWCepu$Ckiiajpo0Cheajp$SepaRareoekjo15028029JMWCepu$Ckiiajpo0Cheajp$SepaRareoekjo16012029JMWCheajp$Cda_goap3,25("1.’04-0+")*4’-.%FLKAFKL7DD".#"D7Q=J"G>"EMD9@(";G"FGL"HD79="AF9GFL79L"O+"K@JM8"KL=E7HHDQ"HJ=)=E=J?=FL"@=J8A9A;==;?="9GF;ALAGF"N7JA=K=;?=J("J=>=J"LG"HD7F"7F;"KH=9A>A97LAGFDGGK=F"JGGLK"G>"9GFL7AF=J"?JGOF"HD7FLK=P97N7L="HD7FL"8=;"EAF*"0#";==H=J"L@7FJGGL"87DD"@L*K97JA>Q"KA;=K"7F;"8GLLGE"G>"HD7FLAF?"8=;OAL@"KH7;=MF;AKLMJ8=;"KM8?J7;=%1*2*00-’."1.’04-0+")*4’-.FLKAFKL7DD"-#"D7Q=J"G>"K@J=;;=;"@7J;OGG;"EMD9@"GJ".#D7Q=J"G>">AF=DQ"K@J=;;=;"@7J;OGG;"EMD9@*";G"FGLHD79="AF"9GFL79L"OAL@"HD7FL=;?="9GF;ALAGF"N7JA=K=;?=J("J=>=J"LG"HD7F"7F;"KH=9A>A97LAGFDGGK=F"JGGLK"G>"9GFL7AF=J"?JGOF"HD7FLKHD7FLAF?"KGADK97JA>Q"KA;=K"7F;"8GLLGE"G>"HD7FLAF?"8=;"OAL@"KH7;=MF;AKLMJ8=;"KM8?J7;=FGL=6J=>=J"LG"=PL=JAGJ"HD7FLAF?"KH=9A>A97LAGF&EXHIBIT E DECLARATION OF COVENANTS REGARDING UNDERGROUND STORM WATER INFILTRATION SYSTEMS This Declaration of Covenants (“Declaration”) is made this ___ day of ___________, 2018, by Continental 432 Fund LLC, a Wisconsin limited liability company, (the “Landowner”). WHEREAS, the Landowner is or will be the fee title holder of real property in Dakota County, Minnesota, legally described as follows: OUTLOT L & M, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION to be known as: Lot 1, Block 1, Springs at Cobblestone Lake (the “Property”). WHEREAS, the Landowner plans to install, operate, and maintain two (2) underground storm water infiltration systems (“USWIS”) on the Property designed by Sambatek, Inc., as depicted on the Storm Sewer Plans C7.01 – C7.07 and Details C9.09, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the Landowner desires to subject the Property to covenants for the installation, operation, maintenance, repair and replacement of the USWIS as further set forth herein; NOW, THEREFORE, the Landowner hereby declares and covenants as follows: 1. Maintenance. The Landowner shall substantially comply with all installation, inspection and maintenance recommendations in the Subsurface Infiltration System Manual (the “Manual”) attached hereto as Exhibit “B” and incorporated herein and the following additional requirements, all at the Landowner’s sole cost and expense: a. The USWIS shall be inspected as specified in the Manual by a qualified person selected by the Landowner. b. The City of Apple Valley (the “City”) shall be notified at least 48 hours prior to any inspection or maintenance of the USWIS and, at the sole cost and expense of the City, a representative of the City may observe any inspection or maintenance of the USWIS. EXHIBIT E 2 c. The Landowner shall submit a report to the City no later than two weeks after any inspection or maintenance of the USWIS. The report shall include the following: i. Date and time of inspection; ii. Log of findings; iii. Date and time of maintenance; and iv. Log of maintenance performed. d. Within 24 hours of notification by the City, the Landowner shall allow the City, its agents and employees, at the sole cost and expense of the City, access through any and all inspection ports for the purpose of measuring water levels in the system (as described in the Manual), isolator rows, and inlet and outlet manholes. e. If at any time the USWIS (i) fails to meet the infiltration volume requirements as represented in the Manual, or (ii) fails to achieve complete infiltration within seventy-two (72) hours after any rain event (collectively, the “Requirements”), the Landowner shall promptly submit to the City a proposed plan and schedule for remediation of the USWIS. If the City denies the proposed remediation plan and schedule, the Landowner shall submit to the City a revised remediation plan and schedule addressing the City's concerns. If the City approves a proposed remediation plan and schedule, the Landowner shall perform remediation in compliance therewith. f. If, following ten (10) business days written notice from the City with opportunity to cure, the Landowner fails to submit a proposed remediation plan and schedule that are reasonably acceptable to the City, or if remediation fails to bring the USWIS into compliance with the Requirements, then the Landowner shall replace the USWIS or any portion thereof as may be reasonably required by the City. 2. Standards for Performance. Any act of construction, maintenance, repair or replacement to be performed under this Declaration shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 3. Amendment. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Declaration shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council or successor body. The Landowner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, and may withhold or delay consent for any reason or none whatsoever, or may condition consent upon such terms as the City deems desirable, it being the City’s absolute right and prerogative to insist that the terms of this Declaration remain in effect and unaltered and to permit amendment, release or termination only at such times and under such circumstances, if any, as the City deems desirable in the exercise of its discretion. The Landowner, on behalf of itself and its successors and assigns, further agrees and covenants, 3 consistent with this acknowledgement, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination, and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution. Notwithstanding anything herein to the contrary, the Property shall not be deemed dedicated to the public or otherwise public land, and the City shall have no obligation and no right, not otherwise existing independent of this agreement, under this agreement, or under the ordinances, statutes and other laws under which the City operates, to maintain or administer the Property. 4. Governing Law. This Declaration shall be construed under and enforced in accordance with the laws of the State of Minnesota. 5. Authority. The Landowner covenants with the City that they are the fee owners of the Property as described above and have good right to create the covenants contained herein. 6. Duration. The covenants contained herein shall run with the Property and shall bind the Landowner and their successors and assigns. IN WITNESS WHEREOF, the Landowner has executed this Declaration of Covenants. [Signature page to follow.] 4 Continental 432 LLC, a Wisconsin limited liability company By: Continental Properties Company, Inc. a Wisconsin corporation, its manager _________________________________ By: Daniel Minahan Its: President STATE OF WISCONSIN ) ) ss. COUNTY OF ____________ ) On this _____day of ___________, 2018, before me a Notary Public within and for said County, personally appeared Daniel J. Minahan to me personally known, who being by me duly sworn, did say that he is the President of Continental Properties Company, Inc. a Wisconsin Corporation, manager of Continental 432 Fund LLC, a Wisconsin limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company by authority of the limited liability company and acknowledged said instrument to be the free act and deed of the limited liability company. _____________________________ 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 (PV: 66-40181) EXHIBIT A 1 ACCESS RESTRICTION EASEMENT THIS EASEMENT is made this _____ day of ______________, 2018, by Continental 432 Fund LLC, a Wisconsin limited liability company, (the “Landowner”) in favor of the City of Apple Valley, a Minnesota municipal corporation (the “City”). The Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent easement for access restriction purposes over, under and across real property in Dakota County, Minnesota, legally described as follows: A strip of land one foot in width over Lot 1, Block 1, Springs at Cobblestone Lake, according to the recorded plat thereof, Dakot a County, Minnesota, lying westerly of and adjacent to the westerly line of Elmhurst Lane a distrance of 130 feet north from the southeast corner of said Lot 1. AND A strip of land one foot in width over Lot 1, Block 1, Springs at Cobblestone Lake, according to the recorded plat thereof, Dakota County, Minnesota, lying westerly of and adjacent to the westerly line of Elmhurst Lane a distance of 256 feet south from the northeast corner of said Lot 1. AND A strip of land one foot in width over Lot 1, Block 1, Springs at Cobblestone Lake, according to the recorded plat thereof, Dakota, Minnesota, lying southerly of and adjacent to the southerly line of Cobblestone Lake Parkway a distance of 176 feet west from the northeast corner of said Lot 1. AND A strip of land one foot in width over Lot 1, Block 1, Springs at Cobblestone Lake, according to the recorded plat thereof, Dakota County, Minnesota, lying southerly of and EXHIBIT F 2 adjacent to the southerly line of Cobblestone Lake Parkway a distance of 402 feet easterly from the northwest corner of said Lot 1. (collectively the “Easement Area”). This easement is granted for and limited to the express purpose of restricting vehicular access to Cobblestone Lake Parkway and Elmhurst Lane over and upon the Easement Area, it being understood: 1. The City shall have no obligation to maintain the Easement Area, and the Landowner, its successors and assigns, may sod, seed, plant and maintain the Easement Area, provided that no driveway or other form of access may be constructed thereon. 2. The purpose of this easement is strictly limited to access restriction and the City shall have no right to utilize the Easement Area for any other purpose by reason of this easement. The Landowner does covenant with the City that it is the fee owner of the Easement Area and has good right to grant and convey the easement herein to the City. This easement shall run with the land and shall be binding on the Landowner and its successors and assigns. IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as of the day and year first written above. [Signature page to follow] 3 Continental 432 Fund LLC, Wisconsin limited liability company By: Continental Properties Company, Inc. A Wisconsin corporation, its manager ____________________________ By: Daniel J. Minahan Its: President STATE OF WISCONSIN) ) ss. COUNTY OF _________) On this day of , 2018, before me a Notary Public within and for said County, personally appeared Daniel J. Minahan to me personally known, who being by me duly sworn, did say that he is the President of Continental Properties Company, Inc. a Wisconsin Corporation, manager of Continental 432 Fund LLC, a Wisconsin limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company by authority of the limited liability company and acknowledged said instrument to be the free act and deed of the limited liability company. ___________________________________ 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 (66-37053) DECLARATION OF COVENANTS REGARDING UNDERGROUND STORM WATER INFILTRATION SYSTEMS This Declaration of Covenants (“Declaration”) is made this ___ day of ___________, 2018, by Continental 432 Fund LLC, a Wisconsin limited liability company, (the “Landowner”). WHEREAS, the Landowner is or will be the fee title holder of real property in Dakota County, Minnesota, legally described as follows: OUTLOT L & M, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION to be known as: Lot 1, Block 1, Springs at Cobblestone Lake (the “Property”). WHEREAS, the Landowner plans to install, operate, and maintain two (2) underground storm water infiltration systems (“USWIS”) on the Property designed by Sambatek, Inc., as depicted on the Storm Sewer Plans C7.01 – C7.07 and Details C9.09, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the Landowner desires to subject the Property to covenants for the installation, operation, maintenance, repair and replacement of the USWIS as further set forth herein; NOW, THEREFORE, the Landowner hereby declares and covenants as follows: 1. Maintenance. The Landowner shall substantially comply with all installation, inspection and maintenance recommendations in the Subsurface Infiltration System Manual (the “Manual”) attached hereto as Exhibit “B” and incorporated herein and the following additional requirements, all at the Landowner’s sole cost and expense: a. The USWIS shall be inspected as specified in the Manual by a qualified person selected by the Landowner. b. The City of Apple Valley (the “City”) shall be notified at least 48 hours prior to any inspection or maintenance of the USWIS and, at the sole cost and expense of the City, a representative of the City may observe any inspection or maintenance of the USWIS. 2 c. The Landowner shall submit a report to the City no later than two weeks after any inspection or maintenance of the USWIS. The report shall include the following: i. Date and time of inspection; ii. Log of findings; iii. Date and time of maintenance; and iv. Log of maintenance performed. d. Within 24 hours of notification by the City, the Landowner shall allow the City, its agents and employees, at the sole cost and expense of the City, access through any and all inspection ports for the purpose of measuring water levels in the system (as described in the Manual), isolator rows, and inlet and outlet manholes. e. If at any time the USWIS (i) fails to meet the infiltration volume requirements as represented in the Manual, or (ii) fails to achieve complete infiltration within seventy-two (72) hours after any rain event (collectively, the “Requirements”), the Landowner shall promptly submit to the City a proposed plan and schedule for remediation of the USWIS. If the City denies the proposed remediation plan and schedule, the Landowner shall submit to the City a revised remediation plan and schedule addressing the City's concerns. If the City approves a proposed remediation plan and schedule, the Landowner shall perform remediation in compliance therewith. f. If, following ten (10) business days written notice from the City with opportunity to cure, the Landowner fails to submit a proposed remediation plan and schedule that are reasonably acceptable to the City, or if remediation fails to bring the USWIS into compliance with the Requirements, then the Landowner shall replace the USWIS or any portion thereof as may be reasonably required by the City. 2. Standards for Performance. Any act of construction, maintenance, repair or replacement to be performed under this Declaration shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 3. Amendment. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Declaration shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council or successor body. The Landowner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, and may withhold or delay consent for any reason or none whatsoever, or may condition consent upon such terms as the City deems desirable, it being the City’s absolute right and prerogative to insist that the terms of this Declaration remain in effect and unaltered and to permit amendment, release or termination only at such times and under such circumstances, if any, as the City deems desirable in the exercise of its discretion. The Landowner, on behalf of itself and its successors and assigns, further agrees and covenants, 3 consistent with this acknowledgement, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination, and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution. Notwithstanding anything herein to the contrary, the Property shall not be deemed dedicated to the public or otherwise public land, and the City shall have no obligation and no right, not otherwise existing independent of this agreement, under this agreement, or under the ordinances, statutes and other laws under which the City operates, to maintain or administer the Property. 4. Governing Law. This Declaration shall be construed under and enforced in accordance with the laws of the State of Minnesota. 5. Authority. The Landowner covenants with the City that they are the fee owners of the Property as described above and have good right to create the covenants contained herein. 6. Duration. The covenants contained herein shall run with the Property and shall bind the Landowner and their successors and assigns. IN WITNESS WHEREOF, the Landowner has executed this Declaration of Covenants. [Signature page to follow.] 4 Continental 432 LLC, a Wisconsin limited liability company By: Continental Properties Company, Inc. a Wisconsin corporation, its manager _________________________________ By: Daniel Minahan Its: President STATE OF WISCONSIN ) ) ss. COUNTY OF ____________ ) On this _____day of ___________, 2018, before me a Notary Public within and for said County, personally appeared Daniel J. Minahan to me personally known, who being by me duly sworn, did say that he is the President of Continental Properties Company, Inc. a Wisconsin Corporation, manager of Continental 432 Fund LLC, a Wisconsin limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company by authority of the limited liability company and acknowledged said instrument to be the free act and deed of the limited liability company. _____________________________ 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 (PV: 66-40181) EXHIBIT A 1 STORM WATER INFILTRATION BASINS CONSTRUCTION AND MAINTENANCE AGREEMENT THIS AGREEMENT (“Agreement”) is made by and between Continental 432 Fund LLC, a Wisconsin limited liability company, (the “Owner”) and the City of Apple Valley, a Minnesota municipal corporation, (the “City”). The Owner and the City shall jointly be referred to as the “Parties.” WHEREAS, the Owner is or will be the fee owner of real property legally described as follows: OUTLOT L & M, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION to be known as: Lot 1, Block 1, Springs at Cobblestone Lake, according to the plat to be recorded thereof, Dakota County, Minnesota (the “Property”); WHEREAS, the City Council approved a site plan and authorized a building permit for improvements upon the Property. The building permit authorization is subject to a number of conditions as set forth in the City Council’s Resolution No. 2018 - 64, which includes, but is not limited to, the requirement that all construction and site improvements be in conformance with the approved site plan (the “Site Plan”), and in conformance with City Code. The Site Plan is attached hereto as Exhibit “A” and incorporated herein; WHEREAS, the Site Plan, in accordance with the City Code, requires the Owner to install and maintain six (6) infiltration basins on a portion of the Property as depicted on the Site Plan; WHEREAS, the City requires the Owner to install the infiltration basins in accordance with the approved plans and specifications, including but not limited to the following plans prepared by Sambatek, Inc., attached hereto as Exhibits A - E and incorporated herein. Exhibits A - E shall be collectively referred to as the “Specifications”; Exhibit A Sheet C3.01 Site Plan Exhibit B Sheet C4.01 Grading Plan: Exhibit C Sheet C7.01 Storm Water Plan-Overall Exhibit D Sheet L1.01 Overall Tree Plan 2 Exhibit E Sheet L2.01 Shrub Overall Plan WHEREAS, the purpose of installing and maintaining the infiltration basins is on-site storm water management and to promote the water quality and volume control of the City’s water bodies; WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction and maintenance of the infiltration basins, as between the Parties, on the terms and conditions hereinafter set forth; and NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each party to the other, as hereinafter set forth, the Parties agree as follows: 1. Construction and Maintenance. 1.1 Infiltration Capacity Defined. The infiltration basin shall infiltrate through the soil surface or filter media the required water quality volume per the approved storm water management plan within 48 hours or less (the “Infiltration Capacity”). 1.2 Construction Requirements. The infiltration basin shall be constructed and maintained in accordance with the Specifications. 1.3 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the infiltration basin in accordance with the terms and conditions set forth in this Agreement. If at any time any infiltration basin fails to conform to the standards and the Specifications set forth herein, including, but not limited to, the Infiltration Capacity, the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the infiltration basin to the standards set forth herein. If the City approves the proposed remediation plan and schedule, the Owner shall perform the remediation in compliance therewith. 1.4 Snow and Leaves Removal and Prohibited Storage. The Owner shall sweep clean the driveway and parking area on the Property in April or May each year to remove from the Property all sand and salt deposited on the driveway and parking area. The Owner shall remove all tree leaves from the Property after they fall to the ground in October or November each year. The Owner shall not deposit or store snow within the infiltration basin. 1.5 Personal Property or Debris Storage Prohibited. The Owner shall not deposit or store any personal property or debris, litter, or other objects within the infiltration basin and the Owner shall keep the infiltration basin free of any debris, leaves, litter, or other objects. 1.6 Maintenance of Vegetation. The Owner shall maintain and, when necessary, replace the approved vegetation set forth on Exhibit “E.” The Owner shall not use any chemicals within the infiltration basins unless first approved by the City and only when 3 necessary for the protection of the infiltration basins or its vegetation. The Owner shall repair any erosion within or surrounding the infiltration basins. 1.7 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the infiltration basins. 2. Inspections. The Owner shall conduct monthly inspections of the infiltration basin, at the Owner’s sole cost and expense, to ensure the Infiltration Capacity and a healthy plant community is maintained. If necessary, the Owner shall repair any infiltration basin if the Infiltration Capacity or healthy plant community is not in conformance with the standards set forth herein. Repairing landscape and vegetation to maintain a healthy plant community may include replacement of dead or diseased plants, vegetation or mulch and removal of noxious weeds, litter or other debris. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the infiltration basins do not conform to the minimum Infiltration Capacity or any other requirements of the Specifications or this Agreement, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty (30) days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within fourteen (14) days after receipt of such notice. 3.2 Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City-approved remediation plan to bring the infiltration basins into compliance with the Infiltration Capacity or Specifications, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the infiltration basins and complete all work necessary to correct the infiltration basins so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the infiltration basin and all work completed by the City to bring the infiltration basins back into compliance with the Infiltration Capacity and Specifications. 3.4 Waiver of Rights. If the Owner does not timely reimburse the City, the City may recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes § 429.081. 4 3.5 Right of Entry. The City shall have the right to enter the Property to inspect and to implement the terms of this Section 3. The City shall not be subject to or liable for any claims of trespass by the Owner. 4. Standards for Performance. Any act of construction, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 5. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, any may condition consent upon such terms as the City deems desirable. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 6. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 7. Recording Agreement. The Owner shall record this Agreement against the Property with the Dakota County Recorder’s Office within thirty (30) days of full execution and shall provide the City with verification of recording within ninety (90) day of full execution of this Agreement. 8. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. [Signature pages to follow.] 5 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT Signature Page for the City CITY OF APPLE VALLEY ______________________________ By: Mary Hamann-Roland Its: Mayor ______________________________ 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, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. __________________________ Notary Public 6 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT Signature Page for the Owner Continental 432 Fund LLC, a Wisconsin limited liability company By: Continental Properties Company, Inc. a Wisconsin corporation, its manager ___________________________________ By: Daniel J. Minahan Its: President STATE OF WISCONSIN ) ) ss. COUNTY OF ___________ ) The On this ____ day of__________, 2018, before me a Notary Public within and for said County, personally appeared Daniel J. Minahan to me personally known, who being by me duly sworn, did say that he is the President of Continental Properties Company, Inc. a Wisconsin Corporation, manager of Continental 432 Fund LLC, a Wisconsin limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company by authority of the limited liability company and acknowledged said instrument to be the free act and deed of the limited liability company. __________________________ 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 (PV: 66-40181) EXHIBIT A 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E 1 ACCESS RESTRICTION EASEMENT THIS EASEMENT is made this _____ day of ______________, 2018, by Continental 432 Fund LLC, a Wisconsin limited liability company, (the “Landowner”) in favor of the City of Apple Valley, a Minnesota municipal corporation (the “City”). The Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent easement for access restriction purposes over, under and across real property in Dakota County, Minnesota, legally described as follows: A strip of land one foot in width over Lot 1, Block 1, Springs at Cobblestone Lake, according to the recorded plat thereof, Dakot a County, Minnesota, lying westerly of and adjacent to the westerly line of Elmhurst Lane a distrance of 130 feet north from the southeast corner of said Lot 1. AND A strip of land one foot in width over Lot 1, Block 1, Springs at Cobblestone Lake, according to the recorded plat thereof, Dakota County, Minnesota, lying westerly of and adjacent to the westerly line of Elmhurst Lane a distance of 256 feet south from the northeast corner of said Lot 1. AND A strip of land one foot in width over Lot 1, Block 1, Springs at Cobblestone Lake, according to the recorded plat thereof, Dakota, Minnesota, lying southerly of and adjacent to the southerly line of Cobblestone Lake Parkway a distance of 176 feet west from the northeast corner of said Lot 1. AND A strip of land one foot in width over Lot 1, Block 1, Springs at Cobblestone Lake, according to the recorded plat thereof, Dakota County, Minnesota, lying southerly of and 2 adjacent to the southerly line of Cobblestone Lake Parkway a distance of 402 feet easterly from the northwest corner of said Lot 1. (collectively the “Easement Area”). This easement is granted for and limited to the express purpose of restricting vehicular access to Cobblestone Lake Parkway and Elmhurst Lane over and upon the Easement Area, it being understood: 1. The City shall have no obligation to maintain the Easement Area, and the Landowner, its successors and assigns, may sod, seed, plant and maintain the Easement Area, provided that no driveway or other form of access may be constructed thereon. 2. The purpose of this easement is strictly limited to access restriction and the City shall have no right to utilize the Easement Area for any other purpose by reason of this easement. The Landowner does covenant with the City that it is the fee owner of the Easement Area and has good right to grant and convey the easement herein to the City. This easement shall run with the land and shall be binding on the Landowner and its successors and assigns. IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as of the day and year first written above. [Signature page to follow] 3 Continental 432 Fund LLC, Wisconsin limited liability company By: Continental Properties Company, Inc. A Wisconsin corporation, its manager ____________________________ By: Daniel J. Minahan Its: President STATE OF WISCONSIN) ) ss. COUNTY OF _________) On this day of , 2018, before me a Notary Public within and for said County, personally appeared Daniel J. Minahan to me personally known, who being by me duly sworn, did say that he is the President of Continental Properties Company, Inc. a Wisconsin Corporation, manager of Continental 432 Fund LLC, a Wisconsin limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company by authority of the limited liability company and acknowledged said instrument to be the free act and deed of the limited liability company. ___________________________________ 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 (66-37053) 7/27/2018 1 PARKING PROPOSAL CITY CODE REQUIREMENT   •1.5 spaces and one (1) garage space per unit  •Upward or downward revisions may be required at the time  of site plan review based on the accessibility of the open  parking spaces to all tenants and guests of the multiple  dwelling complex.  Total No. of Spaces Required: 470  APPLICANT’S PROPOSAL   •1.07 surface spaces and one (1) garage space per unit Total No. of Spaces Proposed: 406 PARKING CALCULATIONS BURNSVILLE •1.5 parking spaces for each efficiency and 1 bedroom unit  •2.25 parking spaces for units with 2 or more bedrooms   •A minimum of one (1) space shall be an enclosed garage space BLOOMINGTON •1.8 spaces for each one bedroom unit •2.2 spaces for each two bedroom unit •2.6 spaces for each three bedroom unit •3.0 spaces for each four bedroom unit •A minimum of one (1) space shall be an enclosed garage space EDINA •1.25 fully enclosed spaces and 0.75 exposed spaces per dwelling unit  EAGAN AND ROSEMOUNT •2 spaces per dwelling unit FARMINGTON , LAKEVILLE AND SAVAGE •2.5 spaces per dwelling unit 7/27/2018 2 PARKING CALCULATIONS APA PLANNING AND URBAN  DESIGN STANDARDS MANUAL USE PARKING SPACES REQUIRED Studio 1.25 Per Dwelling Unit One Bedroom 1.5 Per Dwelling Unit Two or More Bedrooms 2 Per Dwelling Unit PARKING CALCULATIONS THE SUBDIVISION AND SITE PLAN HANDBOOK USE  PARKING SPACES REQUIRED One Bedroom 1.8 Per Dwelling Unit Two Bedroom 2.0 Per Dwelling Unit Three Bedroom 2.1 Per Dwelling Unit 7/27/2018 3 PARKING CALCULATIONS INSTITUTE OF TRANSPORTATION ENGINEERS (ITE) PARKING  DEMAND FOR LOW/MID‐RISE APARTMENTS •Average Demand – 1.23 Spaces Per Unit •Maximum Demand – 1.94 Spaces Per Unit URBAN LAND INSTITUTE (ULI) PARKING GUIDELINES •1.65 Spaces Per Unit PARKING CALCULATIONS PLANNING ADVISORY SERVICE (PAS) REPORT NO. 510/511 PARKING STANDARDS  SURVEY Ranges   •Studio:  1‐1.5 Spaces Per Unit •1‐bedroom: 1.5‐2 Spaces Per Unit  •2‐Bedroom: 1.5‐2.5 Spaces Per Unit  •3‐Bedroom 1.75‐2.55 Spaces Per Unit  7/27/2018 4 PARKING CALCULATIONS SPRINGS AT COBBLESTONE LAKE UNIT BREAKDOWN Type of Dwelling x Range = No. of Spaces •Studio (20 Units): 1‐1.5 Spaces Per Unit = 20‐30 Spaces •1‐bedroom (58 Units): 1.5‐2 Spaces Per Unit = 87‐116 Spaces •2‐Bedroom (92 Units): 1.5‐2.5 Spaces Per Unit = 138‐230  Spaces •3‐Bedroom (26 Units): 1.75‐2.55 Spaces Per Unit = 46‐66  Spaces Total:  291‐442 Spaces  I T E M: 7. C O UNC I L ME E T I NG D AT E :J uly 26, 2018 S E C T I O N:Calendar of Upcoming Events Description: A pprove Calendar of Upcoming E vents S taff Contact: S tephanie Marschall, Deputy City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the C ity Council. S UM M ARY: Day/Date Time Location Event Tue./July 24 6:00 p.m.M unicipal C enter Urban A f f airs A dviso ry Co mmittee M eeting C A N C E L LE D Wed./July 25 9:00 a.m.M unicipal C enter Firef ighters R elief A ssociation M eeting T hur./July 26 3:00 p.m.T he Legends o f A pple Valley Ribbon Cutting Ceremony T hur./July 26 6:00 p.m.M unicipal C enter E D A M eeting T hur./July 26 7:00 p.m.M unicipal C enter Regular C ity Co uncil M eeting * Fri./July 27 6:00-9:00 p.m.K elley P ark A pple Valley A rts Foundation M usic in K elley P ark C oncert S eries Tue./July 31 10:00 a.m.Orchard P ath Ribbon Cutting Ceremony Wed./A ug. 1 7:00 p.m.M unicipal C enter P lanning Co mmission M eeting Fri./A ug. 3 6:00-9:00 p.m.K elley P ark A pple Valley A rts Foundation M usic in K elley P ark C oncert S eries Tue./A ug. 7 11:30 a.m.-1:00 p.m.K elley P ark B usiness Watch P icnic Tue./A ug. 7 5:00-10:00 p.m. A nnual N ight to U nite T hur./A ug. 9 5:30 p.m.M unicipal C enter Inf o rmal C ity Co uncil M eeting T hur./A ug. 9 7:00 p.m.M unicipal C enter Regular C ity Co uncil M eeting * Fri./A ug. 10 6:00-9:00 p.m.K elley P ark A pple Valley A rts Foundation M usic in K elley P ark C oncert S eries Tue./A ug. 14 P rimary E lection Wed./A ug. 15 7:00 p.m.M unicipal C enter P lanning Co mmission M eeting T hur./A ug. 16 4:30-6:30 p.m.Warners’ S tellian Chamber B usiness A f ter Ho urs Fri./A ug. 17 6:00-9:00 p.m.K elley P ark A pple Valley A rts Foundation M usic in K elley P ark C oncert S eries Wed./A ug. 22 9:00 a.m.M unicipal C enter Firef ighters R elief A ssociation M eeting T hur./A ug. 23 5:30 p.m.M unicipal C enter S pecial Inf o rmal C ity Co uncil M eeting T hur./A ug. 23 7:00 p.m.M unicipal C enter Regular C ity Co uncil M eeting * Tue./A ug. 28 6:00 p.m.M unicipal C enter Urban A f f airs A dviso ry Co mmittee M eeting B AC K G RO UND: Each event is hereby deemed a Special Meeting of the C ity Council, the purpose being informational or social gathering. Only events marked with an asterisk (*) will any action of the Council take place. B UD G E T I M PAC T: N/A