HomeMy WebLinkAbout08/09/2018 Meeting
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
August 9, 2018
C IT Y C O UN C IL IN F O RMA L MEET IN G T EN TAT IVE D ISC US SIO N IT EMS
5:30 P M
1.C ouncil Discussion Items (10 min.)
2.Night to Unite Recap (20 min.)
3.Introduction to 50th Year C elebration (25 min.)
4.Discuss Athletic Field Use by ISD 196 (20 min.)
5.Adjourn
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 26, 2018, Regular Meeting
B.Adopt Resolution Approving the Issuance and Sale of $4,000,000
General Obligation Water Revenue Note, Series 2018
C .Approve Letter of Support for Managing Ash for Emerald Ash Borer in
Community Forests Grant Application
D.Approve Releases of Natural Resources Management Permit Financial
Guarantees
E.Approve License Agreement for Shed Encroachment on Lot 6, Block 1,
Pilot Knob Estates (14386 Embry C ourt)
F.Approve Water Quality Improvement Cost Share Program Agreement
with Independent School District 196 for Native Garden Installation at
4679 144th Street W.
G.Adopt Resolution Approving Governmental Lease Purchase Agreement
for Turf Sprayer at Valleywood Golf Course
H.Approve Agreement with B & B C ommercial C oating, LLC , for 2018-
136, 2018 Hydrant Reconditioning and Painting
I.Approve Agreement with Redline Architectural Sheet Metal, LLC , for
Project 2018-157, Family Aquatic Center Roofing - Bath House
J .Approve Personnel Report
K.Approve Claims and Bills
5.Regular Agenda Items
A.Hold Public Hearing on Temporary Drawdown of Long Lake, Public
Water 19002200
B.Hold Public Hearing to Vacate Drainage and Utility 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 Surrey Trail South)
C .PHS Apple Valley Senior Housing, Inc. - Orchard Path Project
1. Hold Public Hearing
2. Adopt Resolution Approving a Housing Program and Providing for
the Issuance and Sale of Senior Housing Revenue Refunding Bonds
D.Adopt Resolution Approving Conditional Use Permit Amendment for
Second C ar Wash at Holiday Stationstore #0316, at 5980 147th Street
W.
E.Ryan Real Estate Redevelopment, 14750 Cedar Avenue
1. Pass Ordinance Rezoning Lot 1, Block 2, Apple Valley
Commercial Addition, to Zone 5 and Establishing PD-290, Zone 5,
Setback and Area Standards (Recommend waiving second
reading)
2. Adopt Resolution Approving Planned Development Agreement
3. Adopt Resolution Approving Conditional Use Permit for Drive-
T hru in C onnection with Class III Restaurant
4. Adopt Resolution Approving Site Plan Review/Building Permit
Authorization for 11,000 Sq. Ft. Multiple Tenant Building
F.Review Ordinance Amending C hapter 91 of the C ity Code Entitled
Animals for the Purpose of C reating Separate C ode Provisions for Dog
and C at Violations Enhanced Penalties (First reading)
G.Adopt Resolution Appointing Member to Fill Vacancy on
Telecommunications Advisory C ommittee with Term Expiring March 1,
2019
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: 3.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:I nformal A genda I tem
Description:
I ntroduction to 50th Year Celebration (25 min.)
S taff Contact:
B ruce Nordquist, A I C P, Community Development Director
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
T he C ity Council requested the Urban Affairs Advisory C ommittee to take the lead on
preparing for our City's 50th Anniversary C elebration (1969 to 2019).
B AC K G RO UND:
Considerable time has been spent in 2018 looking at logo options and identifying coordinated
activities for each month of 2019.
T he thinking behind the attached logo included:
Gold is interjected representing that color as traditional for a 50th celebration
"Since 1969", allows the logo be useful beyond only the exact years
Multiple applications for printing are possible, a list of ideas follows
Urban Affairs wanted a "keep it simple" strategy, and by a local vendor
T he vendor that has developed the art work is C hamber of Commerce member G R
Promotions, Ray C rowder
T he vendor has shared that the logo might be used on:
business cards and stationary
vehicle wraps
pins, where the gold color becomes the shiny gold finish
posters
pennants
banners
red coffee mugs and/or insulated tumblers
note pads and/or Post-it notes
magnets
pens and/or pencils
balloons
mouse pads
polo shirts
sweatshirts
t-shirts
caps
Attached are month by month activities that were discussed and prioritized by the
Committee:
coordinated community service projects: "neighbors helping neighbors"
monthly activities as outlined
brief video and recorded messages by former leaders
historical stories of note coordinated by Department Heads for their areas of expertise
a pop-up display of 50 years of photos in the municipal center atrium, school and
business lobbies, the library, senior center and community center
50 years of collector vehicles on display during Freedom Days
a focal event such as the commemorative/community oriented clock being discussed for
Kelley Park
T he most important purpose of the August 9, 2018, informal meeting opportunity is to
confirm and discuss the direction taken by the Urban Affairs Advisory C ommittee and to
offer additional feedback and direction.
B UD G E T I M PAC T:
A budget and resources need to be identified to proceed with activities being discussed.
AT TAC HM E NT S :
Background Material
Background Material
Presentation
1994 Featured Themes/Events 2019 Initial Ideas 2019 Urban Affairs Ideas 2019 Department Ideas*
January A Growing Community by Design
Downtown Open House Frozen Apple Music Series Role for Zoo Role for Chamber
Video Story - U-Tube Feature
February A Winterland of Fun
Mid-Winter Fest
Mid-Winter Fest - February 2, 2019 - Saturday
Frozen Apple Music
National Black History Month
Girl Scout Month (Cookie Sale)
Abdallah: Special boxes for 50th?
Adopt a Park/Road Promotion
Video Story - U-Tube Feature
March A Winning Community
Contest Month Frozen Apple Music Women's History Month
National History Month
Park and Rec Brochure
Video Story - U-Tube Feature
City Newsletter Message
April A Caring Community
Church Community Activities
Earth Day - April 22, 2019
Arbor Day- April 26, 2019
Volunteer Month
Encourage Age-in-Place, Universal Design at Expo
National Arbor Month
Chamber Home & Garden Expo
Video Story - U-Tube Feature
City Newsletter Message
May Environmentally Aware
Arbor Day and Memorial Day Activities Memorial Day - May 27, 2019 - Monday Planting Pollinator Gardens and trail corridors
Bike to everywhere day
Video Story - U-Tube Feature
Park Clean-up Day
June
A Tasteful Neighborhood
Taste of Apple Valley, Neighborhood Parties, Apple
Recipe Cook-Off
Flag Day - June 14, 2019 - Friday
Music in Kelley Park
2019 Farmers Market begins
Role for Senior Garden Club
Pollinator Week (Zoo)
Video Story - U-Tube Feature
Soccer Tournament
Video in the Park
July Exploding with Patriotism
Fourth of July Celebration Independence Day - July 4, 2019 - Thursday
Freedom Days: 50 Days of Red/White/Blue
Park and Recreation Month
Music in Kelley Park
Car Show Representing all 50 Years
(1969 thru 2019)
Video in the Park
Video Story - U-Tube Feature
August A Beautiful Place to Live
Home Beautification Competition Celebrating 50 years at the MN Zoo Music in Kelley Park
Nite to Unite - Public Safety Appreciation
City Newsletter Message
Video Story - U-Tube Feature
Rotary Clock Entrance @ Kelley Park
September An Artistic Playground
Ring-Around-The-Arts Festival Labor Day - September 2, 2019 - Monday
Senior Month
City History in the Schools
Community Development Month
City Newsletter Message
Video Story - U-Tube Feature
October Educational Excellence
Homecoming Football Game and Homecoming Homecoming in the City and Schools
Public Works Month - Water Plant tours
Octoberfest with Chamber
Partner with District 196
Fire Safety Month
Video Story - U-Tube Feature
November A Giving Community
Veterans Day Observation, Santa on the Ring Route
Veterans' Day - November 11, 2019 - Monday
Thanksgiving - November 28, 2019 - Thursday
Celebrating Veterans
Lighting of the Holiday Tree
City Newsletter Message
Video Story - U-Tube Feature
December Wrapped in Warmth
Home and Light Tour, New Years Eve Fireworks Celebrating New Years with a 20/20 View New Years Celebration 2019/2020
Seeing Clearly in the Future - 2020 Video Story - U-Tube Feature
* Source: Administration, Public Safety/Fire, Parks and Recreation, Public Works, Natural Resources, Community Development/Planning 6/21/2018
Theme: Celebrating 50 Years in Apple Valley
8/10/2018
1
50th Anniversary Celebration
•Reporting on work of the Urban Affairs
Advisory Committee
•Discussion of the logo concept
•Outline of activities for 2019
•Next steps
Informal City Council Meeting
August 9, 2018
8/10/2018
2
8/10/2018
3
8/10/2018
4
GR Promotions
8/10/2018
5
8/10/2018
6
8/10/2018
7
1994 Featured Themes/Events
January A Growing Community by Design
Downtown Open House
February A Winterland of Fun
Mid‐Winter Fest
March A Winning Community
Contest Month
April A Caring Community
Church Community Activities
May Environmentally Aware
Arbor Day and Memorial Day Activities
June
A Tasteful Neighborhood
Taste of Apple Valley, Neighborhood Parties, Apple
Recipe Cook‐Off
July Exploding with Patriotism
Fourth of July Celebration
August A Beautiful Place to Live
Home Beautification Competition
September An Artistic Playground
Ring‐Around‐The‐Arts Festival
October Educational Excellence
Homecoming Football Game and Homecoming
November A Giving Community
Veterans Day Observation, Santa on the Ring Route
December Wrapped in Warmth
Home and Light Tour, New Years Eve Fireworks
2019 Initial Ideas
January Frozen Apple Music Series
February Mid‐Winter Fest ‐ February 2, 2019 ‐ Saturday
Frozen Apple Music
March Frozen Apple Music
April Earth Day ‐ April 22, 2019
Arbor Day‐ April 26, 2019
May Memorial Day ‐ May 27, 2019 ‐ Monday
June Flag Day ‐ June 14, 2019 ‐ Friday
July Independence Day ‐ July 4, 2019 ‐ Thursday
Freedom Days: 50 Days of Red/White/Blue
August Celebrating 50 years at the MN Zoo
September Labor Day ‐ September 2, 2019 ‐ Monday
October Homecoming in the City and Schools
November Veterans' Day ‐ November 11, 2019 ‐ Monday
Thanksgiving ‐ November 28, 2019 ‐ Thursday
December Celebrating New Years with a 20/20 View
8/10/2018
8
2019 Urban Affairs Ideas
January Role for Zoo
February
National Black History Month
Girl Scout Month (Cookie Sale)
Abdallah: Special boxes for 50th?
March Women's History Month
National History Month
April
Volunteer Month
Encourage Age‐in‐Place, Universal Design at Expo
National Arbor Month
May Planting Pollinator Gardens and trail corridors
Bike to everywhere day
June
Music in Kelley Park
2019 Farmers Market begins
Role for Senior Garden Club
Pollinator Week (Zoo)
July
Park and Recreation Month
Music in Kelley Park
Car Show Representing all 50 Years
(1969 thru 2019)
August Music in Kelley Park
Nite to Unite ‐ Public Safety Appreciation
September
Senior Month
City History in the Schools
Community Development Month
October
Public Works Month ‐ Water Plant tours
Octoberfest with Chamber
Partner with District 196
November Celebrating Veterans
Lighting of the Holiday Tree
December New Years Celebration 2019/2020
Seeing Clearly in the Future ‐ 2020
2019 Department Ideas
January Role for Chamber
Video Story ‐ U‐Tube Feature
February Adopt a Park/Road Promotion
Video Story ‐ U‐Tube Feature
March
Park and Rec Brochure
Video Story ‐ U‐Tube Feature
City Newsletter Message
April
Chamber Home & Garden Expo
Video Story ‐ U‐Tube Feature
City Newsletter Message
May Video Story ‐ U‐Tube Feature
Park Clean‐up Day
June
Video Story ‐ U‐Tube Feature
Soccer Tournament
Video in the Park
July Video in the Park
Video Story ‐ U‐Tube Feature
August
City Newsletter Message
Video Story ‐ U‐Tube Feature
Rotary Clock Entrance @ Kelley Park
September City Newsletter Message
Video Story ‐ U‐Tube Feature
October Fire Safety Month
Video Story ‐ U‐Tube Feature
November City Newsletter Message
Video Story ‐ U‐Tube Feature
December Video Story ‐ U‐Tube Feature
8/10/2018
9
Next Steps
•Feedback / Ideas / Expectations
•Urban Affairs meets August 28
•Departments are encouraged to
produce brief video stories and
interviews for use in 2019
I T E M: 4.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:I nformal A genda I tem
Description:
Discuss Athletic F ield Use by I S D 196 (20 min.)
S taff Contact:
B arry B ernstein, Director of P arks and Recreation
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Athletic field maintenance makes up approximately 18% of the Park Maintenance Division's
annual $2.7 million budget. Staff has been investigating various options to recover a portion
of those expenses. Presented for C ity Council consideration are potential options. Staff is
seeking a recommendation on how to proceed.
B AC K G RO UND:
T he upkeep and maintenance of outdoor athletic fields is very labor intensive and a costly
portion of the Parks and Recreation budget. Full time and seasonal maintenance staff spend a
great deal of time, including overtime on fields; dragging infields, painting game lines,
mowing, weeding, seeding, aerating, maintaining goals and fences, chalking game lines, etc. In
addition, there are costs for equipment, equipment repair, paint, seed, fertilizer, goals, etc.
ISD 196 Athletics are a major user of city fields. At this time, fields and associated prep
work are provided for school games and practices at no charge. Recognizing that there are
multiple users of city fields, we do not expect the schools to cover all costs, but to contribute
to partial cost recovery, a portion of these expenses based on their field usage.
Staff and task force members of the Parks and Recreation A dvisory C ommittee met to
discuss past practices, surrounding communities approach to school use of city fields, and
possible changes that could be made in Apple Valley. A chart of surrounding city practices
regarding school use of city fields is attached.
Based on these discussion and current field use, Staff has found the following options.
T he first option is to continue status quo and make no changes to the current policy. Another
option would be to encourage the school athletic departments to use IS D 196 owned and
maintained fields as their primary/first choice for school games and practices and only use
city owned and maintained fields if there is not a school field available. A third option would
be a compromise of the first two options. A threshold of the number of school uses could be
set and a fee charged for each use after that number.
Another option is to establish fees like the following for ISD 196 field use.
J C RP -E ast fields, Quarry P oint P ark fields and J C RP -West fields outside the times
of the Joint P owers Agreement*
Per field prep fee $50
Per rectangle field $50 per game or practice
Lights $20 per hour
Stadium C
Per Game $50
Lights $20 per hour
*As per the J oint Powers Agreement, Eastview High School may use J C RP-West fields from
6am-6pm on school days at no additional cost. T hese fields can be requested for evenings
and weekends but prior approval is needed and limits may be imposed if athletic association
time is being severely limited.
A similar informal agreement with Apple Valley High School has been in effect for the fields
at Hayes Park. Apple Valley High School is able to use those fields for games and practices
at no charge.
B UD G E T I M PAC T:
Budget impact will depend on option choice.
AT TAC HM E NT S :
Background Material
Presentation
2017 School use of City Facilities APPLE VALLEY BURNSVILLE EAGAN LAKEVILLE ROSEMOUNT
What is the approximate number of
games played in one year by High
school(s) on City facilities?About 25 baseball games, and
about 25 soccer games About 25-30 baseball games
At most, 4-5 soccer or softball
practices
About 20 baseball games,
about 20 soccer games
Currently, the schools do not
use City fields
Do you charge your High school(s) for
use of the City fields? If yes, what is
the rate per hour/per use?
No. They have full use M-F
between 3-6pm, and are now
using nights and weekends
Yes. We charge our schools
75% of normal fees, so it ends
up being about $40 per game
Eagan High School rarely uses
City fields for games or
practices (i.e. One use in 2017)
No, the City does not charge
their middle and high school(s)
No, the City does not charge
their middle and high school(s)
Does the City do maintenance on
those fields, like dragging, lining, or
extra mowing? If yes, do you charge a
fee for that service?
Yes. City lines and drags
Legion, QP 1-2, and JCRPE-C,
and drags JCRPW fields
Yes, we maintain the fields.
The cost is included in their
rental fees
If they use a field and need
prep, we charge our resident
fee of $17 per game for
dragging, chalking, and putting
out bases
No, the City does not do
maintenance on those fields
Yes, the City does
maintenance. No, the City does
not charge for maintenance.
Do you allow school staff to do
maintenance of those City fields?Yes-must hand drag/rake
Legion field
We provide rakes and basic
maintenance equipment for
school staff to use N/A
Yes. For example, school staff
could line fields No
Do the High school(s) use any lit
facilities? If yes, do you charge for
the use of the lights? If yes, what do
you charge per hour/per use?Yes, we don't charge
They don't use lit fields often,
but if they do, cost is included
in rental fee No, they don't use lit fields
Yes. We charge $30 per field
per night No, they don't use lit fields
Do you have any agreement with the
school(s) for City use of school
facilities?No N/A N/A
Yes. We run City indoor
leagues in the schools at no
charge as long as we offer
during normal hours
Currently the City does not use
school facilities. In the past we
used gyms for no charge
8/9/2018
1
ISD #196
Athletic Field Use
Discussion
August 9, 2018
Athletic Field Maintenance
Makes up approximately 18% of the Park
Division’s $2.7 million budget
Full time & seasonal staff hours for many
tasks
Staff and PRAC task force members set to
discuss partial cost recovery options
Surveyed surrounding communities about
school use
8/9/2018
2
Apple Valley High School
Hayes Park
Soccer
Football
Softball
Lacrosse
JCRP-E
Soccer Fields A,B &
Stadium C
Baseball – Legion Field
Regular season practice,
games & tournament
play
Eastview High School
JCRP West
Soccer
Football
Lacrosse
Baseball
Softball
Marching Band
PE classes
Summer camps
JCRP East
Baseball
Soccer
Quarry Point Park
Baseball
Regular season practice, games and tournament play
8/9/2018
3
Joint Powers Agreement for
High School #4 (Eastview)
Established in 1995
Covers JCRP-W only
6am-6pm – school days
ISD #196 reimburse 50% of maintenance
costs
Does not include other park facilities
(JCRP-E, Quarry Point, etc.)
Scheduling Priorities
City Programs
School Programs
Associations – VAA & EVAA
Athletic Clubs – REV & BVU
Residents
Private Business
As school requests increase outside the joint powers agreement, there is less time available for others
8/9/2018
4
Options
Status quo – make no changes and continue to subsidize
school use
Encourage Athletic Directors and Coaches to use their
own fields first
Establish fees for use
JCRP-East fields, Quarry Point Park fields, Stadium C (game field
only) & JCRP-West outside the times of the Joint Powers Agreement
Per field prep fee $50
Per rectangle field $50 per game or practice
Lights $20 per hour
I T E M: 4.A.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Consent A genda
Description:
A pprove Minutes of J uly 26, 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 26, 2018.
S UM M ARY:
T he minutes from the last regular C ity C ouncil meeting are attached for your review and
approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Minutes
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 26, 2018
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held July 26, 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, City Planner Lovelace, Community
Development Director Nordquist, Police Chief Rechtzigel, Acting Fire Chief Russell, and Public
Works Director Saam.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the
Pledge of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Goodwin, seconded by Grendahl, adding item 5.E.5 - Approve Collateral
Assignment of Development Agreement to the regular 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 Bergman, seconded by Hooppaw, approving all items on the consent agenda
with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting
of July 12, 2018, as written. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Apple Valley Ducks
Unlimited, Chapter 185, for use on September 12, 2018, at the Apple Valley
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 26, 2018
Page 2
American Legion, 14521 Granada Drive, and waiving any waiting period for
State approval. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving issuance of a Temporary On-Sale
3.2 Percent Malt Liquor License to Apple Valley American Legion, Post 1776,
for use on September 8, 2018, at the American Legion, 14521 Granada Drive, as
described in the City Clerk’s memo. Ayes - 5 - Nays - 0.
MOTION: of Berman, seconded by Hooppaw, approving the changes in officers for Apple
Valley American Legion, Post 1776, in connection with the On-Sale Club License
and Special License for Sunday Liquor Sales at 14521 Granada Drive, naming
Richard Alan Tollefson as Commander, Timothy Leonard Liffrig as 1st Vice
Commander, Rodney Southwick as 2nd Vice Commander, Tamara Sue Riha as
Sergeant at Arms, John Alf Hunter as Operations Board Chairman, David Alan
Riha as Operations Board, and Richard Lee Greer as Membership Director, as
described in the City Clerk’s memo. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving receipt of the 2019 financial
requirements of the Apple Valley Firefighters Relief Association, as attached to
the Acting Fire Chief’s memo. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-103
approving the final plat and Development Agreement for Cobblestone Lake South
Shore 9th Addition, and authorizing the Mayor and City Clerk to sign the same.
Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, authorizing execution of Legal Retainer
Agreement with Weitz & Luxenberg, P.C., Super Law Group, LLC, and Gray,
Plant, Mooty, Mooty & Bennet, P.A., regarding litigation, subject to the approval
of the City Administrator and City Attorney, as described in the Public Works
Director’s memo. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving the Third Amendment to Lease
Agreement for property located at 8351 160th Street W. (Longridge Reservoir), as
attached to the Public Works Superintendent’s memo, and authorizing the Mayor
and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving the Third Amendment to Lease
Agreement for property located at 5551 160th Street W. (Quarry Point Water
Tower), as attached to the Public Works Superintendent’s memo, and authorizing
the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-104 awarding
the agreement for Project 2018-109, Lebanon Cemetery Boundary Fence, to
Century Fence Company, in the amount of $22,903.99. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 26, 2018
Page 3
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-105 awarding
the agreement for Project 2018-155, Lebanon Cemetery Native Seeding, to Prairie
Restorations, Inc., in the amount of $17,884.00. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving the Water Quality Improvement
Cost Share Program Agreement with James C. Blackett for raingarden installation
at 457 Reflection Road, not to exceed $500.00, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving the Joint Powers Agreement with
Vermillion River Watershed Joint Powers Organization for stormwater
improvement projects for Alimagnet Lake, as attached to the Natural Resources
Coordinator’s memo, and authorizing the Mayor and City Clerk to sign the same.
Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving the agreement for Professional
Services with Stevens Engineers, Inc., for Project 2018-156, Apple Valley Sports
Ice Arena 2019 Ice System Replacement, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with Mueller Systems, LLC, for Project 2016-101, Water Meter
Replacement, in the amount of an additional $116,835.90. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with Applied Ecological Services, Inc., with a deduction of $2,160.00;
and accepting Project 2017-162, Hayes Arena Stormwater Retrofits (Plantings) as
complete and authorizing final payment in the amount of $708.25. Ayes - 5 -
Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in
the Personnel Report dated July 26, 2018. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, to pay the claims and bills, check registers
dated July 3, 2018, in the amount of $895,427.19; and July 11, 2018, in the
amount of $1,064.552.12. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
Police Chief Rechtzigel briefly introduced the following two items.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 26, 2018
Page 4
CERTIFICATE OF RECOGNITION TO DALE NELSON
Police Captain Francis summarized the contributions of Mr. Dale Nelson in connection with the
mock crash events held at area high schools over the past twenty-five years. He then presented
Mr. Nelson with a Certificate of Recognition. The City Council thanked Mr. Nelson for his
work.
CERTIFICATE OF RECOGNITION TO ROBERT HELGREN
Police Captain Bermel summarized the actions of Mr. Robert Helgren in connection with
apprehension and prosecution of two suspects involved in a burglary. He then presented Mr.
Helgren with a Certificate of Recognition. The City Council thanked Mr. Helgren for his
actions.
CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING
Mr. Hedberg introduced Ms. Julie Stahl, Minnesota Government Finance Officers Association
representative.
Ms. Stahl presented the City with a Certificate of Achievement for Excellence in Financial
Reporting for its comprehensive annual financial report for the fiscal year ending December 31,
2016. She stated that only 3.8% of all the cities in Minnesota have achieved this high honor.
The City Council commended Mr. Hedberg and the Finance Department for achieving this
prestigious award.
CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT
Acting Fire Chief Russell introduced Ms. Melissa Lisher, of CenterPoint Energy.
Ms. Lisher commented on the Community Partnership Grant.
MOTION: of Grendahl, seconded by Hooppaw, authorizing acceptance of the CenterPoint
Energy Community Partnership Grant, in the amount of $1,250.00, with a 50-50
match, for the Fire Department to develop a Narcan Dispensing Program, as
described in the Acting Fire Chief’s memo. Ayes - 5 - Nays - 0.
SPRINGS AT COBBLESTONE
Mr. Lovelace reviewed the request by Continental 432 Fund, LLC, for an ordinance amending
Chapter 155, Appendix F of the City Code, regulating planned development No. 703/Zone 5;
approval of the Springs at Cobblestone Lake final plat and development agreement; approval of
the Springs at Cobblestone Lake Planned Development Agreement; and an amendment to the
agreement with South Shore Development, Inc., and Dakota County for future right-of-way
along Pilot Knob Road and 160th Street W.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 26, 2018
Page 5
Mr. Dougherty described the reason for the Collateral Assignment of Development Agreement.
Councilmember Goodwin requested staff review the parking availability for this development.
Mr. Lovelace explained how the parking ratios were determined for this project.
Discussion followed.
Ms. Gwyn Wheeler, Development Director for Continental Properties, commented on individual
storage units available on the premises.
MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading
and passing Ordinance No. 1047 amending Planned Development No. 703/
Zone 5. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2018-106
approving the final plat and Development Agreement for Springs at Cobblestone
Lake, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-107,
approving the Planned Development Agreement with Continental 432 Fund, LLC,
for Springs at Cobblestone Lake, subject to final revisions and changes as
approved by the City Administrator and City Attorney, and authorizing the Mayor
and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving the amendment to the agreement
with South Shore Development, Inc., and Dakota County for future right-of-way
along Pilot Knob Road and 160th Street W., and authorizing the Mayor and City
Council to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, approving the Collateral Assignment of
Development Agreement, subject to final revisions and changes as approved by
the City Administrator and City Attorney, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 5 - Nays - 0.
STAFF ITEMS
Mr. Bernstein invited the public to the “Music in Kelley Park” concert series on Friday night
from 6:00 p.m. to 9:00 p.m.
Mr. Grawe announced the City’s new website will be launched around noon on Monday.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 26, 2018
Page 6
Mayor Hamann-Roland thanked City Clerk Gackstetter for her work on the upcoming Primary
Election.
CALENDAR OF UPCOMING EVENTS
MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events
as included in the Deputy City Clerk’s memo, and noting that each event listed is
hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 7:44 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 :A ugust 9, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A pproving the I ssuance and S ale of $4,000,000 General Obligation Water
Revenue Note, Series 2018
S taff Contact:
Ronald Hedberg, F inance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
Adopt the resolution approving the issuance and sale of $4,000,000 General Obligation
Water Revenue Note, Series 2018.
S UM M ARY:
T he 2018-19 water meter replacement project has begun and staff is recommending financing
up to $4 million of the costs of the project. T he C ity Counil previously authorized the
solicitations of responses to a Request for Proposal (RF P) on the financing of the meter
change out program. Proposals were received on T hursday J uly 26, 2018 from seven local
financial institutions. T he lowest cost proposal was received from Merchants Bank in Apple
Valley at a fixed rate of 2.95% over the term of the note.
B AC K G RO UND:
T he total cost of the water meter replacement project is currently estimated at $4,844,000.
We are seeking to finance up to $4,000,000 of the project to avoid drawing down the water
utility reserves at a time when the fund has significant obligations in the annual street and
utility infrastructure replacement program. Northland Securities assisted with the marketing
the loan to area institutions and reviewing the proposals received.
T he financing of the water meter replacement project is proposed to be structured so that we
can draw on the available financing as costs are incurred up to a maximum amount of $4
million. T he terms of the loan includes semi-annual principal and interest payments with
interest only during the drawdown period, up to J une 15, 2020, with the final maturity of J une
15, 2028.
Here is a summary of the proposals received:
Interest Rate
Merchants Bank 2.95%
Old National Bank 3.18%
US Bank (2 alternatives submitted)3.39% / 3.79%
Wells Fargo (3 alternatives submitted)3.35% to 4.47%
Bell Bank 3.44%
Mid C ountry Bank 3.59%
BMO Harris Bank 3.8%
By placing the loan directly with a financial institution we will not have to have Moody's or
Standard & Poor's credit ratings completed, but we will have bond counsel review the
financing documents. We also plan to voluntarily disclose the financing to both rating
agencies as well as disclose this financing in our annual disclosure filings in the Electronic
Municipal Market Access (EMMA) system operated by the Municipal Securities
Rulemaking Board.
Northland estimates that the city will avoid approximately $70,000 to $80,000 in closing
costs by using the direct financing method.
B UD G E T I M PAC T:
T he total budget impact will vary based on the timing and amount of the draws during the
installation period. Total interest expense is estimated to be $600,000 over the ten year
period.
AT TAC HM E NT S :
Exhibit
Resolution
Background Material
150 South Fifth Street, Suite 3300, Minneapolis, MN 55402
Main: (612) 851-5900 / Direct: (612) 851-4964 / Email: tomdal@northlandsecurities.com
Member FINRA and SIPC | Registered with SEC and MSRB
August 1, 2018
Ron Hedberg
Finance Director
City of Apple Valley
7100 147th Street W
Apple Valley, MN 55124
Re: General Obligation Water Revenue Note, Series 2018A
Dear Mr. Hedberg:
Northland Securities, Inc. (“NSI”) has been retained by the City of Apple Valley, Minnesota (the
“City”) as a financial consultant for assisting the City with securing the obligation offering
described above (the “Note”). As part of this engagement, NSI agreed to provide an opinion to
the City with regard to the interest rate, purchase price, and selection of a buyer of the Note.
The City desires for NSI to act as an independent municipal advisor in connection with such
sale, allowing the City to be authorized by Minnesota Statutes, Section 475.60, subdivision 2(9)
to negotiate the sale of the Note.
The City desires to proceed with the sale of the Note by direct negotiation with Merchants Bank,
N.A. (the “Purchaser”).
At a summary level, we understand the following to be true and correct:
1.The Note was sold by the City to the Purchaser by a private, negotiated sale on July 26,
2018 (the “Sale Date”).
2.The City Council of the City will adopt a resolution approving the sale of the Note on
August 9, 2018.
3.The Note is not rated.
4.The Note is a valid and binding general obligation of the City and is payable from net
revenues from the water utility.
5.The Note is scheduled to close on August 30, 2018.
In forming our opinion, NSI reviewed and analyzed, at a minimum, the following information:
(1)the price proposal offered to the City by the Purchaser, dated July 26, 2018,
(2)information regarding the security and source of payment of the Note as represented in
the proposed Preliminary Bank Term Sheet, dated July 24, 2018;
(3)information regarding the overall structure of the Note; and
(4)information regarding comparable obligations sold on or near the same date of the Note
(collectively, the “Pricing Data”).
City of Apple Valley
General Obligation Water Revenue Note, Series 2018A
August 1, 2018
Page 2
The Pricing Data provided us with, among other things, the fixed interest rate, the first interest
and principal due, maturity dates, size of obligation, optional redemption features, and the
bank qualification status for the Note and for other obligations being issued with similar credit
characteristics around the same time as this pricing.
In providing this written opinion, NSI was not requested by the City or the Purchaser to verify
the accuracy of any calculations performed by the City or the Purchaser, nor to opine as to the
suitability of the type or structure of the transaction. Our opinion is solely limited to the fairness
of the Note pricing, including specifically the fixed interest rate and purchase price of the Note
by the Purchaser.
Based on our understanding of the Note, the review and analysis of the information described
above, and our observation of market conditions on and around the Sale Date, it is our opinion
that the City received fair pricing on the Note.
If you have any questions, please do not hesitate to call us at 952-851-4964.
Sincerely,
NORTHLAND SECURITIES, INC.
Tammy Omdal
Senior Vice President
1
EXTRACT OF MINUTES OF A MEETING
OF THE CITY COUNCIL
CITY OF APPLE VALLEY, MINNESOTA
HELD: August 9, 2018
Pursuant to due call, a regular meeting of the City Council of the City of Apple Valley,
Dakota County, Minnesota, was duly held at the City Hall on August 9, 2018, at 7:00 P.M., for
the purpose, in part, of authorizing the issuance and awarding the sale of $4,000,000 General
Obligation Water Revenue Note, Series 2018A.
The following members were present:
and the following were absent:
Member _______________ introduced the following resolution and moved its adoption:
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,000,000 GENERAL
OBLIGATION WATER REVENUE NOTE, SERIES 2018A AND PLEDGING NET
REVENUES FOR THE SECURITY AND PAYMENT THEREOF
A. WHEREAS, the City of Apple Valley, Minnesota (the "City"), owns and operates
a municipal water utility system (the "System") as a separate revenue producing public utility
and the net revenues of the System are pledged to the payment of the City's outstanding (i)
$8,830,000 original principal amount of the System portion of the General Obligation Bonds,
Series 2014A, dated May 15, 2014, (the "System Portion of the Outstanding 2014A Bonds"); and
B. WHEREAS, the City Council has heretofore determined and declared that it is
necessary and expedient to issue $4,000,000 General Obligation Water Revenue Note, Series
2018A (the "Note"), pursuant to Minnesota Statutes, Chapter 475 and Section 444.075, to
finance improvements to the System (the "Project"); and
C. WHEREAS the City has retained Northland Securities, Inc., in Minneapolis,
Minnesota, Minnesota, as its independent municipal adviser for the sale of the Bonds and was
therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9); and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Apple Valley,
Minnesota, as follows:
1. Acceptance of Offer. The offer of Merchants Bank, N.A., in Apple Valley,
Minnesota (the "Purchaser"), to purchase the Note at the rate of interest hereinafter set forth and
to pay therefor the sum of par is hereby accepted.
2. Note Terms. The Note shall be in fully registered form, shall be dated as of the
date of delivery and shall be issued forthwith. The Note shall be in the principal amount of
$4,000,000, bear interest on the unpaid principal amount thereof advanced at the rate of 2.95%
per annum, interest payable semi-annually on June 15 and December 15, commencing December
2
15, 2018, and principal payable semi-annually, commencing June 15, 2020 thereafter on June 15
and December 15 of each year until June 15, 2028.
3. Purpose. The Note shall provide funds to finance the Project and the total cost of
the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is
estimated to be at least equal to the amount of the Note. The City covenants that it shall do all
things and perform all acts required of it to assure that work on the Project proceeds with due
diligence to completion and that any and all permits and studies required under law for the
Project are obtained.
4. Note Registrar. The Finance Director, City of Apple Valley, Minnesota, is
appointed to act as Note Registrar and transfer agent with respect to the Note (the "Note
Registrar"), and shall do so unless and until a successor Note Registrar is duly appointed, Any
successor Note Registrar shall act as Note Registrar and transfer agent pursuant to any contract
the City and successor Note Registrar shall execute which is consistent herewith. The Note
Registrar shall also serve as paying agent unless and until a successor paying agent is duly
appointed. Principal and interest on the Note shall be paid to the registered holders (or record
holders) of the Note in the manner set forth in the form of Note.
5. Form of Note. The Note, together with the Certificate of Registration, shall be in
substantially the following form:
3
UNITED STATES OF AMERICA
STATE OF MINNESOTA
DAKOTA COUNTY
CITY OF APPLE VALLEY
R-1 $4,000,000
GENERAL OBLIGATION WATER REVENUE NOTE, SERIES 2018A
Interest Rate Date of Original Issue
2.95% August 30, 2018
REGISTERED OWNER: MERCHANTS BANK, N.A.
PRINCIPAL AMOUNT: FOUR MILLION DOLLARS
The City of Apple Valley, Dakota County, Minnesota (the "Issuer"), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns duly certified on the Certificate of Registration attached to and made a part of
this Note (the "Owner"), in the manner hereinafter set forth, the principal amount specified
above, or so much thereof as may have been advanced, and remain unpaid from time to time (the
“Principal Balance”), unless called for prior payment, and to pay interest on so much of the
principal amount of the Note as may be advanced and remains unpaid until the principal amount
hereof is paid or has been provided for, at a rate of 2.95% per annum. Interest to be paid thereon
semiannually on June 15 and December 15 of each year (each, an "Interest Payment Date"),
commencing December 15, 2018, at the rate per annum specified above (calculated on the basis
of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided
for. Interest starts accruing as of the date of the initial advance. Interest shall accrue only on
the aggregate amount of this Note which has been advanced. Principal and interest on this Note
shall be payable in equal semi-annual installments on the fifteenth day of June and December,
commencing June 15, 2020 and continuing thereafter until June 15, 2028 (the "Final Maturity
Date"). Each semi-annual payment shall be in the amount of $__________. The principal
installments shall be paid in the amounts scheduled above even if at the time of payment the full
principal amount of this Note has not been advanced; provided that if the full principal amount of
this Note is never advanced, the amount of the principal not advanced shall be applied to reduce
each unpaid principal installment in the proportion that such installment bears to the total of all
unpaid principal installments (i.e., the remaining principal payment schedule shall be
reamortized to provide similarly level semi-annual installments of total debt service payments).
On the Final Maturity Date any remaining unpaid Principal Balance and all accrued and unpaid
interest thereon shall be paid in full. Payments shall be applied first to accrued and unpaid
interest on the Principal Balance and thereafter to reduction of the Principal Balance.
At the time of final payment of all principal and interest on this Note, the Owner shall
surrender this Note to the City Clerk, in Apple Valley, Minnesota (the "Registrar"). Interest will
be paid on each Interest Payment Date by check or draft mailed to the Owner.
4
Optional Redemption. Upon written notice to the Owner, this Note is subject to
prepayment, in whole or in part, on any date at a price of par plus accrued interest, at the option
of the Issuer. The City may request that the payments under the Note may be adjusted to
amortize the then outstanding Principal Balance over the remaining term of the Note, payable
commencing with the next installment due after such prepayment.
Date of Payment Not a Business Day. If the nominal date for payment of any principal of
or interest on this Note shall not be a business day of the Issuer or of the Owner, then the date for
such payment shall be the next such business day and payment on such business day shall have
the same force and effect as if made on the nominal date of payment.
Transfer. This Note is transferable, as provided in the Resolution, upon the Register kept
by the Registrar upon surrender of this Note together with a written instrument of transfer duly
executed by the Owner or the Owner's attorney duly authorized in writing, and thereupon a new,
fully registered Note in the same aggregate principal amount shall be issued to the transferee in
exchange therefor (or the transfer shall be duly recorded on the Register and the Certificate of
Registration hereof), upon the payment of charges and satisfaction of applicable conditions, if
any, as therein prescribed; provided that such transfer may occur only with respect to the entire
Note and all of the remaining principal amount of the sole final maturity hereof. The Issuer may
treat and consider the person in whose name this Note is registered as the absolute Owner hereof
for the purpose of receiving payment of or on account of the principal of and interest on this
Note (except for the payment of interest to the Owner as of a Record Date) and for all other
purposes whatsoever.
Issuance; Purpose; General Obligation. This Note is issued as a single instrument in the
total principal amount of $4,000,000, pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on
August 9, 2018 (the "Resolution") for the purpose of providing money to finance improvements
to its water system (the “System”) within the jurisdiction of the Issuer. This Note is payable out
of the General Obligation Water Revenue Note, Series 2018A Fund of the Issuer. This Note
constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the same become due, the full faith
and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Authentication. This Note shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Registrar.
Qualified Tax-Exempt Obligation. This Note has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
5
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Note, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law; that the
Issuer has covenanted and agreed with the Holders of the Note that it will impose and collect
charges for the service, use and availability of its System at the times and in amounts necessary
to produce net revenues adequate to pay all principal and interest when due on the Note; and that
the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property
of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to
pay the principal and interest on Note as they respectively become due, if the net revenues from
the System, and any other sums irrevocably appropriated to the Debt Service Account are
insufficient therefor; and that this Note, together with all other debts of the Issuer outstanding on
the date of original issue hereof and the date of its issuance and delivery to the original
purchaser, does not exceed any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Apple Valley, Dakota County, Minnesota, by its
City Council has caused this Note to be executed on its behalf by the manual signatures of its
Mayor and its City Clerk, the corporate seal of the City having been intentionally omitted as
permitted by law.
Date of Registration:
August 30, 2018
REGISTRABLE BY AND
PAYABLE AT:
Finance Director
City of Apple Valley, Minnesota
___________________________
Finance Director
CITY OF APPLE VALLEY,
DAKOTA COUNTY, MINNESOTA
Mayor
Clerk
6
CERTIFICATE OF REGISTRATION
The transfer of ownership of the principal amount of the attached Note may be made only by the
registered owner or the registered owner's legal representative last noted below:
Date of Registration Registered Owner Signature of Registrar
August 30, 2018
Merchants Bank, N.A.
14990 Glazier Ave
Apple Valley, MN 55124
7
REGISTER OF PARTIAL PAYMENTS
The installment of principal amount of the attached Note has been prepaid on the dates and in the
amounts noted below:
DATE AMOUNT
SIGNATURE OF
OWNER
SIGNATURE OF
REGISTRAR
If a notation is made on this register, such notation has the effect stated in the attached Note.
Partial payments do not require the presentation of the attached Note to the Registrar, and an
Owner could fail to note the partial payment here.
8
6. Execution. The Note shall be executed on behalf of the City by the manual
signatures of its Mayor and Clerk, the seal of the City having been omitted as permitted by law.
In the event of disability or resignation or other absence of either such officer, the Note may be
signed by the signature of that officer who may act on behalf of such absent or disabled officer.
In case either such officer whose signature shall appear on the Note shall cease to be such officer
before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all
purposes, the same as if the officer had remained in office until delivery.
7. Delivery; Application of Proceeds. The Note when so prepared and executed
shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price,
and the Purchaser shall not be obliged to see to the proper application thereof.
8. Fund and Accounts. There is hereby established a special fund to be designated
"General Obligation Water Revenue Note, Series 2018A Fund" (the "Fund") to be administered
and maintained by the Finance Director as a bookkeeping account separate and apart from all
other funds maintained in the official financial records of the City. The Fund shall be maintained
in the manner herein specified until all of the Note and the interest thereon have been fully paid.
The Operation and Maintenance Account heretofore established by the City for the System shall
continue to be maintained in the manner heretofore provided by the City. All moneys remaining
after paying or providing for the items set forth in the resolution establishing the Operation and
Maintenance Account shall constitute or are referred to as "net revenues" until the Note has been
paid. There shall be maintained in the Fund the following separate accounts to which shall be
credited and debited all income and disbursements of the System as hereinafter set forth. The
Finance Director of the City and all officials and employees concerned therewith shall establish
and maintain financial records of the receipts and disbursements of the System in accordance
with this resolution. In such records there shall be established accounts or accounts shall
continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as
follows:
(a) Construction Account. To the Construction Account there shall be credited the
proceeds received from the advancement of the proceeds of the Note. From the Construction
Account there shall be paid all costs and expenses of the Project, including the cost of any
construction contracts heretofore let and all other costs incurred and to be incurred of the kind
authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be
used for no other purpose except as otherwise provided by law and, upon completion of the
Project, any unexpended balance in the Construction Account shall be transferred to the Debt
Service Account.
(b) Debt Service Account. To the Debt Service Account there shall be credited: (A)
the net revenues of the System not otherwise pledged and applied to the payment of other
obligations of the City, in an amount, together with other funds which may herein or hereafter
from time to time be irrevocably appropriated to the Debt Service Account, sufficient to meet the
requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest
of the Note; (B) any collections of all taxes which may hereafter be levied in the event that the
net revenues of the System and other funds herein pledged to the payment of the principal and
interest on the Note is insufficient therefore; (C) all funds remaining in the Construction
Account, if any, after completion of the Project and payment of the costs thereof; (D) all
9
investment earnings on funds held in the Debt Service Account; and (E) any and all other
moneys which are properly available and are appropriated by the governing body of the City to
the Debt Service Account. The Debt Service Account shall be used solely to pay the principal
and interest and any premium for redemption of the Note.
No portion of the proceeds of the Note shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (1) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Note was issued and (2) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds of the Note or $100,000. To
this effect, any proceeds of the Note and any sums from time to time held in the Construction
Account, Operation and Maintenance Account or Debt Service Account (or any other City
account which will be used to pay principal or interest to become due on the note payable
therefrom) in excess of amounts which under then applicable federal arbitrage regulations may
be invested without regard to yield shall not be invested at a yield in excess of the applicable
yield restrictions imposed by said arbitrage regulations on such investments after taking into
account any applicable "temporary periods" or "minor portion" made available under the federal
arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued
by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and
to the extent that such investment would cause the Note to be "federally guaranteed" within the
meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code").
9. Sufficiency of Net Revenues. It is hereby found, determined and declared that the
net revenues of the System are sufficient to pay one hundred five percent of the principal of and
interest on the Note and the System Portion of the Outstanding 2014A Bonds. The net revenues
of the System are hereby pledged on a parity lien with the System Portion of the Outstanding
2014A Bonds to the payment of the Note, but solely to the extent required to meet, together with
other pledged sums, the principal and interest requirements of the Note.
Nothing contained herein shall be deemed to preclude the City from making further
pledges and appropriations of the net revenues of the System for the payment of other or
additional obligations of the City, provided that it has first been determined by the City Council
that the estimated net revenues of the System will be sufficient in addition to all other sources,
for the payment of the Note and such additional obligations and any such pledge and
appropriation of the net revenues of the System may be made superior or subordinate to, or on a
parity with the pledge and appropriation herein.
10. Excess Net Revenues. Net revenues in excess of those required for the foregoing
may be used for any proper purpose.
11. Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes,
Section 444.075, the City hereby covenants and agrees with the Holders of the Note that it will
impose and collect charges for the service, use, availability and connection to the System at the
times and in the amounts required to produce net revenues adequate to pay all principal and
interest when due on the Note. Minnesota Statutes, Section 444.075, Subdivision 2, provides as
follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay
general or special obligations when the other revenues are insufficient to meet the obligations."
10
12. Defeasance. When all Note has been discharged as provided in this paragraph, all
pledges, covenants and other rights granted by this resolution to the registered holders of the
Note shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Note which are due on any date by irrevocably depositing with the Note Registrar
on or before that date a sum sufficient for the payment thereof in full; or if any Note should not
be paid when due, it may nevertheless be discharged by depositing with the Note Registrar a sum
sufficient for the payment thereof in full with interest accrued to the date of such deposit. The
City may also discharge its obligations with respect to any prepayable Note called for
redemption on any date when they are prepayable according to their terms, by depositing with
the Note Registrar on or before that date a sum sufficient for the payment thereof in full,
provided that notice of redemption thereof has been duly given. The City may also at any time
discharge its obligations with respect to any Note, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a
suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if
notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
13. Compliance With Reimbursement Bond Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Note, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a) Not later than sixty days after the date of payment of a Reimbursement
Expenditure, the City (or person designated to do so on behalf of the City) has made or will have
made a written declaration of the City's official intent (a "Declaration") which effectively (i)
states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional
description of the property, project or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed twenty percent of the "issue price" of the Note, and (ii) a de minimis amount of
Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the
proceeds of the Note.
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(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Note or any of the other types of expenditures described in Section 1.150-2(d)(3) of the
Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)
the issuance of the Note and in all events within the period ending on the date which is the later
of three years after payment of the Reimbursement Expenditure or one year after the date on
which the Project to which the Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of Note proceeds to reimburse the Reimbursement Expenditure and, if made within 30
days after the Note is issued, shall be treated as made on the day the Note is issued.
Provided, however, that the City may take action contrary to any of the foregoing
covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Note stating
in effect that such action will not impair the tax-exempt status of the Note.
14. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Note, as the same respectively become due, the full faith, credit and taxing powers
of the City shall be and are hereby irrevocably pledged. If the net revenues of the System
appropriated and pledged to the payment of principal and interest on the Note, together with
other funds irrevocably appropriated to the Debt Service Account herein established, shall at any
time be insufficient to pay such principal and interest when due, the City covenants and agrees to
levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the
City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Note and any
other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of
the City which are available for such purpose, and such other funds may be reimbursed with or
without interest from the Debt Service Account when a sufficient balance is available therein.
15. Certificate of Registration. The Clerk is hereby directed to file a certified copy of
this resolution with the County Auditor of Dakota County, Minnesota, together with such other
information as the County Auditor shall require, and to obtain the County Auditor's certificate
that the Note has been entered in the County Auditor's Bond Register.
16. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Note, certified copies of all proceedings and records of the City relating to the
Note and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Note as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
12
17. Negative Covenant as to Use of Note Proceeds and Project. The City hereby
covenants not to use the proceeds of the Note or to use the Project, or to cause or permit them to
be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a
manner as to cause the Note to be "private activity bonds" within the meaning of Sections 103
and 141 through 150 of the Code.
18. Tax-Exempt Status of the Note; Rebate. The City shall comply with requirements
necessary under the Code to establish and maintain the exclusion from gross income under
Section 103 of the Code of the interest on the Note, including without limitation (1) requirements
relating to temporary periods for investments, (2) limitations on amounts invested at a yield
greater than the yield on the Note, and (3) the rebate of excess investment earnings to the United
States, if the Note (together with other obligations reasonably expected to be issued and
outstanding at one time in this calendar year) exceed the small-issuer exception amount of
$5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate
requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds,
determines and declares that:
(a) the Note is issued by a governmental unit with general taxing powers;
(b) no Note is a private activity bond;
(c) ninety-five percent or more of the net proceeds of the Note is to be used
for local governmental activities of the City (or of a governmental unit the jurisdiction of
which is entirely within the jurisdiction of the City); and
(d) the aggregate face amount of all tax-exempt bonds (other than private
activity bonds) issued by the City (and all subordinate entities thereof, and all entities
treated as one issuer with the City) during the calendar year in which the Note is issued
and outstanding at one time is not reasonably expected to exceed $5,000,000, all within
the meaning of Section 148(f)(4)(D) of the Code.
19. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Note as
"qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City
hereby makes the following factual statements and representations:
(a) the Note is issued after August 7, 1986;
(b) the Note is not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Note as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2017 will
not exceed $10,000,000;
13
(e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2017 have been designated for purposes of Section 265(b)(3) of the Code; and
(f) the aggregate face amount of the Note does not exceed $10,000,000.
The City shall use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designation made by this paragraph.
20. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
21. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________ and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
1
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF APPLE VALLEY
I, the undersigned, being the duly qualified and acting Clerk of the City of Apple Valley,
Minnesota, do herby certify that I have compared the attached and foregoing extract of minutes
with the original thereof on file in my office, and that the same is a full, true and complete
transcript of the minutes of a meeting of the City Council, duly called and held on the date
therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale
of $4,000,000 General Obligation Water Revenue Note, Series 2018A.
WITNESS my hand on August 9, 2018.
________________________________
Clerk
10939781v1
STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE
COUNTY OF DAKOTA AS TO REGISTRATION
I, the undersigned, being the duly qualified and acting County Auditor of Dakota County,
Minnesota, do herby certify that on the date hereof, there was filed in my office a certified copy
of a resolution adopted on August 9, 2018, by the City Council of the City of Apple Valley,
Minnesota, authorizing the issuance of $4,000,000 General Obligation Water Revenue Note,
Series 2018A (the "Note"), together with full information regarding the Note and the Note has
been entered in my Note Register.
WITNESS my hand and the seal of the County Auditor on _______________, 2018.
________________________________
County Auditor
(SEAL)
10939781v1
SIGNATURE AND NONLITIGATION CERTIFICATE
We, the undersigned, being respectively the duly qualified and acting Mayor and Clerk of
the City of Apple Valley, Minnesota (the "City") do herby certify that we did, in our official
capacities as such officers, sign our own proper names by manual signature, on the City's
$4,000,000 General Obligation Water Revenue Note, Series 2018A (the "Note"), dated August
30, 2018, as the date of original issue, and numbered R-1 in the denomination equal to the total
principal amount of the Note due on June 15, 2020, through 2028, and bearing interest until paid
or discharged at the rate of 2.95% per annum.
WE FURTHER CERTIFY that we are now and were on the date of signing the Note, the
duly qualified acting officers therein indicated, and duly authorized to execute the same.
WE FURTHER CERTIFY that the signature of Ron Hedberg affixed hereto is the true
and proper signature of the qualified and acting Finance Director of the City.
WE FURTHER CERTIFY that the Note has been in all respects duly executed for
delivery pursuant to authority conferred upon us as such officers; and no obligations other than
the Note has been issued pursuant to such authority, and that none of the proceedings or records
which have been certified to the purchasers of the Note or the attorneys approving the same have
been in any manner repealed, amended or changed, and that there has been no change in the
financial condition of the City or of the facts affecting the Note.
WE FURTHER CERTIFY that there is no litigation pending or, to our knowledge,
threatened questioning the organization or boundaries of the City, or the right of any of us to our
respective offices, or in any manner questioning our right and power to execute and deliver the
Note, or otherwise questioning the validity of the Note or the pledge of net revenues for the
payment of the Note and the interest thereon.
Dated: August 30, 2018.
10939781v1
2
CITY OF APPLE VALLEY, MINNESOTA
By _____________________________
Its Mayor
By _____________________________
Its Clerk
By _____________________________
Its Finance Director
10939781v1
FINANCE DIRECTOR'S RECEIPT
I, the undersigned, being the duly qualified and acting Finance Director of the City of
Apple Valley, Minnesota, do herby certify and acknowledge that on the date hereof, I received
from Merchants Bank, N.A., in Apple Valley, Minnesota, the purchaser of $4,000,000 General
Obligation Water Revenue Note, Series 2018A, dated August 30, 2018, as the date of original
issue, $4,000,000, the purchase price thereof, no interest having accrued thereon to the date
hereof, and the Note was thereupon delivered to the purchaser.
Dated: August 30, 2018.
10939781v1
2
CITY OF APPLE VALLEY, MINNESOTA
By _______________________________
Its Finance Director
10939781v1
NONARBITRAGE CERTIFICATE
The undersigned are the duly qualified and acting Mayor, Clerk and Finance Director of
the City of Apple Valley, Minnesota (the "Issuer"), charged, either alone or with others, with the
responsibility of issuing $4,000,000 General Obligation Water Revenue Note, Series 2018A,
dated August 30, 2018, as the date of original issue (the "Note"). This Certificate is being
executed in accordance with the income tax regulations relating to arbitrage bonds (the
"Regulations") and may be relied upon as a certification under Section 1.148-2(b)(2) of the
Regulations and under Section 148 of the Internal Revenue Code of 1986, as amended (the
"Code"). The undersigned, having made an investigation of the facts, circumstances and
estimates pertaining to and in connection with the Note, hereby certify in good faith and
reasonably expect as follows with respect to the Note:
1. Purpose; Statement. The proceeds of the Note will be used to finance
improvements to the City’s water system (the "Project"). As of the date hereof, all of the
representations and statements of fact contained in the resolution adopted by the City Council on
August 9, 2018 (the "Resolution"), relating to the Note is true and correct, and nothing has
occurred between the date of adoption of the Resolution and the date hereof to cause any
expectation or covenant stated in the Resolution to become unlikely or impossible of occurrence
or performance, unreasonable or otherwise invalid.
2. Only Issue. No notes (in addition to the Note) (i) is sold or are to be sold at
substantially the time as the Note, (ii) are sold pursuant to the same plan of financing with the
Note, and (iii) are reasonably expected to be paid from substantially the same source of funds as
the Note will be paid.
3. Proceeds and Uses. The Note was delivered and paid for on the date of this
Certificate. The total Sale Proceeds of the Note (i.e. the issue price of the Note or the offering
price of the Note to the public) is $4,000,000, does not exceed the total of:
(i) $4,000,000, estimated total financeable costs of acquisition and
construction of the Project; and
4. Governmental Purposes; No Over-burdening of Tax-Exempt Market. The stated
purposes of the Note is governmental purposes within the meaning of applicable law and
regulations. The Sale Proceeds of the Note, less any amounts used to pay issuance expenses,
together with estimated earnings thereon, will not exceed the estimated dollar cost of financing
and constructing the Project, less all other funds to be expended for paying such costs.
5. Fund and Accounts. The Note is payable from the General Obligation Water
Revenue Note, Series 2018A Fund (the "Fund"), which Fund contains a Construction Account
(for the construction of the Project), Operation and Maintenance Account (for the payment of
current operation and maintenance costs, except interest on any obligations) and a Debt Service
Account (for payment of debt service on the Note).
10939781v1
2
6. Construction Account: Time Test; Due Diligence Test; Expenditure Test.
(a) Costs of Construction and Issuance. The costs of constructing the Project and
issuing the Note will be paid from the Construction Account in the Fund. The Issuer reasonably
expects to satisfy the time test, the due diligence test and the expenditure test as set forth below:
(i) Time Test. Substantial binding contracts or commitments for constructing
the Project obligating the expenditure of not less than $200,000 (five percent of the Net
Sale Proceeds (as defined below) of the Note) have heretofore been entered into or made
or will be entered into or made within six months from the date hereof. "Net Sale
Proceeds" is the issue price of the Note less the accrued interest and less any Note
proceeds deposited in any reserve fund or account. All such contracts are, or will be,
binding obligations of the Issuer.
(ii) Due Diligence Test. The acquisition and construction of the Project and
the allocation of the Net Sale Proceeds of the Note to expenditures has proceeded and
will continue to proceed with due diligence to completion. The Project is estimated to be
completed by June 15, 2020.
(iii) Expenditure Test. Any contract or commitment for the construction of the
Project heretofore or hereafter executed has provided or will provide for the acquisition
and construction of the Project in less than three years from the date hereof; and proceeds
of the Note in an amount equal to at least eighty-five percent of the Net Sale Proceeds of
the Note will be spent in paying the cost of the acquisition and construction of the Project
within three years from the date hereof.
(b) Costs of Issuance; Transfer. The costs of issuing the Note will be incurred and
paid within three years from the date hereof. Any moneys remaining in the Construction
Account after completion of the Project and payment of the costs of issuing the Note will be
transferred to the Debt Service Account unless transferred to the fund of any other project as
authorized by law.
(c) Investments. The Issuer shall not invest amounts in the Construction Account at a
yield materially higher than the yield on the Note or in obligations exempt from federal income
taxation under Section 103(a) of the Code if and to the extent moneys remain therein after the
earlier of (i) construction of the Project is complete or, (ii) three years from the date hereof.
7. Debt Service Account and Operation and Maintenance Account: Funding;
Investment Covenants. The principal and interest on the Note is payable from the Debt Service
Account. The Issuer has covenanted that any sums from time to time held in the Construction
Account, the Operation and Maintenance Account as net revenues and expected to be transferred
to the Debt Service Account, and the Debt Service Account (or any other account of the Issuer
which will be used to pay debt service on the Note) in excess of amounts which under then
applicable federal arbitrage regulations may be invested without regard to yield (after taking into
account all temporary periods) shall not be invested at a yield in excess of the applicable yield
restrictions imposed by said arbitrage regulations on such investments. Other than the Debt
Service Account and any sums held in the Operation and Maintenance Account as net revenues
10939781v1
3
and expected to be transferred to the Debt Service Account, there is no other fund or account of
cash or securities which the Issuer has set aside and expects to invest or maintain at a yield
greater than the yield on the Note for the purpose of paying debt service on the Note.
8. Debt Service Account: Bona Fide Debt Service Fund; Minor Portion; Temporary
Periods; Yield. The Debt Service Account and any balance (the "Holding Account") of net
revenues held in the Operation and Maintenance Account and expected to be used to pay debt
service on the Note serves two functions: (i) a bona fide debt service fund (within the meaning
of Section 1.148-1(b) of the Regulations) which is used primarily to achieve a proper matching
of revenues and principal and interest payments within each Bond Year and is depleted at least
once a Bond Year except for a reasonable carryover amount not to exceed the greater of the
earnings on the Debt Service Account for the immediately preceding Bond Year or one-twelfth
of principal and interest payments on the Note for the immediately preceding Bond Year, and (ii)
a sinking fund (within the meaning of Section 1.148-1(c)(2) of the Regulations), and each such
function shall be treated for the purposes hereof as if it occurred in a separate account.
Amounts deposited in the Debt Service Account and the Holding Account which are to
be used to pay debt service on the Note within twelve months of their receipt by the Issuer (or
which are a reasonable carryover amount with respect thereto) will be invested without regard to
yield for a temporary period not longer than thirteen months. Receipts in the Debt Service
Account and the Holding Account which will not be used to pay debt service on the Note within
thirteen months of their receipt will be invested without regard to yield to the extent they do not
in the aggregate exceed the "minor portion" of $100,000, which is an amount equal to the lesser
of $100,000 or five percent of the Sale Proceeds of the Note. Sale proceeds of the Note is the
issue price of the Note less accrued interest.
All receipts in the Debt Service Account and the Holding Account may be invested
without regard to yield for a temporary period of thirty days from receipt by the Issuer, and
investment earnings on such sums may be invested without regard to yield for a longer
temporary period of one year from receipt. Amounts not entitled to a temporary period or within
said minor portion will not be invested at a yield which is materially higher than the yield on the
Note, or will be invested without regard to yield in tax-exempt bonds as defined in Section
150(a)(6) of the Code, being obligations the interest on which is excluded from gross income
under Section 103(a) of the Code.
9. Yield Determination; Materially Higher. The yield on the Note, based on their
issue price being the initial offering price to the public (excluding bond houses and brokers), at
which a substantial amount of the Note (at least ten percent of each maturity of the Note), were
sold has been calculated to be ____________%; this yield on the Note will be recalculated if and
as required by the Code or the Regulations. A "materially higher" yield is defined at Section
1.148-2(d)(2) of the Regulations and is generally one-eighth of one percent (0.125%).
10. Rebate. The Issuer is a small issuer not subject to the rebate requirement imposed
by Section 148(f) of the Code by reason of issuing (together with all subordinate entities thereof,
and all entities treated as one with the Issuer) less than $5,000,000 of tax-exempt governmental
obligations during the calendar year as provided in Section 148(f)(4)(D) of the Code.
10939781v1
4
11. Intentional Acts. The Issuer shall not take an deliberate, intentional action after
the date hereof to earn arbitrage profit except to the extent such action would not have caused the
Note to be arbitrage bonds had it been reasonably expected on the date hereof.
12. Reimbursement Expenditures. None of the proceeds of the Note will be used to
reimburse the Issuer for reimbursement expenditures.
13. Monitoring of Expenditures and Investments. The Issuer will monitor the
investment of bond proceeds to assure compliance with Section 148 of the Code, and the Issuer
will consult with bond counsel periodically with regard to arbitrage issues and compliance.
14. Basis For Expectations. The facts and estimates on which the foregoing
expectations are based are (a) the documents included in the "Note Transcript" prepared for the
Note Closing, (b) all engineering and architectural estimates, drawings, reports and plans and
specifications heretofore furnished the Issuer with respect to the Project, (c) all contracts, if any,
heretofore executed for the acquisition and construction of the Project, (d) all expenditures which
were heretofore made by the Issuer for the acquisition and construction of the Project and which
are to be reimbursed out of the proceeds of the Note, and (e) such other facts and estimates, if
any, as may be set forth in an Exhibit A attached hereto.
15. No Abusive Arbitrage Device . No "abusive arbitrage device" within the meaning
of Section 1.148-10 of the Regulations is used in connection with the Note. No action relating to
the Note has the effect of (a) enabling the Issuer to exploit the difference between tax-exempt
and taxable interest rates to obtain a material financial advantage and (b) overburdening the tax-
exempt bond market
16. Familiarity; Conclusion. We are generally familiar with the requirements of the
Regulations, and nothing has been called to our attention to cause us to believe that the proceeds
of the Note will be used in a manner which would cause the Note to be arbitrage bonds within
the meaning of Section 148 of the Code.
17. No Other Facts. To the best of the knowledge and belief of the undersigned, there
are no other facts, estimates or circumstances which would materially change the foregoing facts
and conclusions.
Dated: August 30, 2018.
10939781v1
5
CITY OF APPLE VALLEY, MINNESOTA
By _____________________________
Its Mayor
By _____________________________
Its Clerk
By _____________________________
Its Finance Director
10939781v1
CERTIFICATE OF REGISTRAR
The undersigned hereby certifies that I am the duly qualified and acting Finance Director
of the City of Apple Valley, Minnesota (the "Issuer"), and as such official do hereby further
certify as follows:
1. I am the official charged with the responsibility of acting as Registrar for, and
registering the ownership and transfer of, the $4,000,000 General Obligation Water Revenue
Note, Series 2018A (the "Note").
2. On the date hereof I have registered the Note delivered this day.
3. Attached hereto is a true and correct copy of my register for the Note.
Dated: August 30, 2018.
CITY OF APPLE VALLEY, MINNESOTA
By___________________________
Its Finance Director
10939781v1
REGISTER
$4,000,000 GENERAL OBLIGATION WATER REVENUE NOTE, SERIES 2018A
CITY OF APPLE VALLEY, MINNESOTA
This Register is maintained for the above Note by the Clerk of the City of Apple Valley,
Minnesota, as Registrar. The ownership of the Note and the interest accruing thereon is
registered on the books of the City of Apple Valley, Minnesota, in the names of the holders
noted below. "Notations of Interest" may include cancellation, date of cancellation, date of
transfer, numbered note replacing, amount after partial prepayment, etc.
Note
Number
Maturity
Date
Principal
Amount
Date of
Registration
Name and Address
of Registered Owner
Signature of
Finance
Director
R-1
06-15-2028
$4,000,000
08-30-2018
Merchants Bank, N.A.
14990 Glazier Ave
Apple Valley, MN 55124
10939781v1
CERTIFICATE OF PURCHASER
The undersigned, being the duly qualified and acting _____________ of Merchants
Bank, N.A., in Apple Valley, Minnesota (the "Purchaser"), hereby certify and acknowledge that
on the date hereof I received from the City Clerk of the City of Apple Valley, Minnesota (the
"City"), note numbered R-1 designated City of Apple Valley, Minnesota, $4,000,000 General
Obligation Water Revenue Note, Series 2018A (the "Note").
The Purchaser will hold the Note as its investment and is not offering the Note to others
for purchase in the reasonably foreseeable future; hence, the City may rely on the $4,000,000
purchase price as the issue price of the Note in calculating yield for arbitrage purposes under
Section 148 of the federal Internal Revenue Code of 1986, as amended.
Dated: August 30, 2018.
MERCHANTS BANK, N.A.
By__________________________________
Its_____________________________________
10939781v1
CERTIFICATE OF NORTHLAND SECURITIES, INC.
The undersigned, being duly authorized to execute this Certificate on behalf of Northland
Securities, Inc., in Minneapolis, Minnesota (the "Municipal Advisor"), hereby certifies that the
following information is true and correct and is furnished for the exclusive purpose of
completing Form 8038-G, Information Return for Tax-Exempt Governmental Bond Issues
("Form 8038-G"), for the Note:
(a) the weighted average maturity based on the issue price of the Note is
__________ years; and
(b) the yield on the Note has been calculated to be __________%.
Dated: August 30, 2018.
NORTHLAND SECURITIES, INC.
By____________________________
Its ____________________________
10939781v1
$4,000,000
GENERAL OBLIGATION WATER REVENUE NOTE, SERIES 2018A
CITY OF APPLE VALLEY
DAKOTA COUNTY
MINNESOTA
We have acted as bond counsel in connection with the issuance by the City of Apple
Valley, Dakota County, Minnesota (the "Issuer"), of its $4,000,000 General Obligation Water
Revenue Note, Series 2018A, bearing a date of original issue of August 30, 2018 (the "Note").
We have examined the law and such certified proceedings and other documents as we deem
necessary to render this opinion.
We have not been engaged or undertaken to review the accuracy, completeness or
sufficiency of any offering material relating to the Note, and we express no opinion relating
thereto.
As to questions of fact material to our opinion, we have relied upon the certified
proceedings and other certifications of public officials furnished to us without undertaking to
verify the same by independent investigation.
Based upon such examinations, and assuming the authenticity of all documents submitted
to us as originals, the conformity to original documents of all documents submitted to us as
certified or photostatic copies and the authenticity of the originals of such documents, and the
accuracy of the statements of fact contained in such documents, and based upon present
Minnesota and federal laws (which excludes any pending legislation which may have a
retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our
opinion that:
(1) The proceedings show lawful authority for the issuance of the Note according to
their terms under the Constitution and laws of the State of Minnesota now in force.
(2) The Note is valid and binding general obligations of the Issuer and all of the
taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay
the same without limitation as to rate or amount; provided that the enforceability (but not the
validity) of the Note and the pledge of taxes for the payment of the principal and interest thereon
is subject to the exercise of judicial discretion in accordance with general principles of equity, to
the constitutional powers of the United States of America and to bankruptcy, insolvency,
reorganization, moratorium and other similar laws affecting creditors' rights heretofore or
hereafter enacted.
10939781v1
(3) At the time of the issuance and delivery of the Note to the original purchaser, the
interest on the Note is excluded from gross income for United States income tax purposes and is
excluded, to the same extent, from both gross income and taxable net income for State of
Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and
imposed on corporations and financial institutions), and is not an item of tax preference for
purposes of the federal alternative minimum tax imposed on individuals or the Minnesota
alternative minimum tax applicable to individuals, estates or trusts. The opinions set forth in the
preceding sentence are subject to the condition that the Issuer comply with all requirements of
the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the
issuance of the Note in order that interest thereon be, or continue to be, excluded from gross
income for federal income tax purposes and from both gross income and taxable net income for
State of Minnesota income tax purposes. Failure to comply with certain of such requirements
may cause the inclusion of interest on the Note in gross income and taxable net income
retroactive to the date of issuance of the Note.
We express no opinion regarding other state or federal tax consequences caused by the
receipt or accrual of interest on the Note or arising with respect to ownership of the Note.
Dated at Minneapolis, Minnesota, this 30th day of August, 2018.
Professional Association
I T E M: 4.C.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Consent A genda
Description:
A pprove L etter of Support for Managing A sh for Emerald Ash B orer in Community F orests Grant
A pplication
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 letter of support for Managing Ash for Emerald Ash Borer in Community Forests
Grant Application.
S UM M ARY:
T he C ity has been invited to move forward in a competitive grant process by the Minnesota
Department of Natural Resources. A letter of support from the community is required with
the final application package.
B AC K G RO UND:
In spring 2018, staff submitted a grant pre-application for Managing Ash for Emerald Ash
Borer to the Minnesota Department of Natural Resources (D N R). T he grant would help
enhance current efforts to remove, replace, and treat ash trees on public properties.
In J uly 2018, staff was notified that the pre-application was selected from over 101 pre-
applications received to move forward to submitting a final application. Only 14 entities
were selected and invited to complete the final application. T he Minnesota D N R received
grant pre-applications requesting $2,387,628. T he agency has $110,000 in available funds
statewide.
B UD G E T I M PAC T:
T he C ity has funds budgeted for Emerald Ash Borer Management in the Public Works
Administration/Natural Resources budget. T he maximum grant amount that could be
awarded by the Minnesota D N R is $30,000.
AT TAC HM E NT S :
Background Material
Home of the Minnesota Zoological Garden
August 9, 2018
Mr. Ken Holman
Community Forestry Program Coordinator
Minnesota Department of Natural Resources - Forestry Division
500 Lafayette Road
St. Paul, MN 55101
Re: Letter of Support – City of Apple Valley
Managing Ash for Emerald Ash Borer in Community Forests Grant Application
Dear Mr. Holman:
On behalf of the City of Apple Valley, this is a letter of support for the City’s above referenced
Managing Ash for Emerald Ash Borer in Community Forests Grant Application.
If awarded, the City will build on current EAB management efforts across the City with a
balanced approach of treating the best quality trees in parks or along significant corridors, and
removing and replacing ash trees in neighborhoods heavy with ash trees. The City currently
has approximately 2,700 ash trees on boulevards and in parks or on other City property such as
the Lebanon Cemetery. This is about one-fourth of our tree population. The City has pro-
actively been preparing for EAB for several years to help limit the devastation.
At this time several known infestations are converging in Apple Valley. All neighboring cities
also have confirmed EAB infestations. We are at a critical point in our infestation levels to
make a difference in maintaining tree canopy and planting additional trees. Leaders in Apple
Valley recognize the urgent need to increase our efforts to maintain and increase significant
tree canopy across the City.
The City of Apple Valley appreciates the invitation to move forward in the grant process. If
you have any questions, please feel free to contact Natural Resources Coordinator Jessica
Schaum at 952-953-2461 or by e-mail at: jschaum@cityofapplevalley.org.
Sincerely,
CITY OF APPLE VALLEY
Mary Hamann-Roland
Mayor
C: Matt Saam, Public Works Director
City of 7100 147th Street West
Apple Valley, MN 55124-9016
Telephone (952) 953-2500
Fax (952) 953-2515
www.cityofapplevalley.org
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Consent A genda
Description:
A pprove Releases of Natural Resources Management Permit Financial Guarantees
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 release of financial guarantees for Magellan Pipeline Maintenance and Uponor
Annex II Addition.
S UM M ARY:
T he following projects have been inspected and are compliant according to City
requirements:
1. Magellan Pipeline Maintenance
Cash C heck No. 2800479707
Amount $8,000.00
Reduce now to $0.00
2. Uponor Annex II Addition
Permit No. AV064391
Amount $13,500.00
Reduce now to $0.00
B AC K G RO UND:
T he C ity retains Natural Resources Management Permit (N RMP) financial securities to
ensure the protection of natural resources during land disturbing activities.
B UD G E T I M PAC T:
N/A
I T E M: 4.E.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Consent A genda
Description:
A pprove L icense A greement for S hed Encroachment on L ot 6, Block 1, Pilot K nob Estates
(14386 E mbry Court)
S taff Contact:
A lex Sharpe, Planner and Economic Development Spec.
Department / Division:
Community Development Department
Applicant:
Frank and Debra Nelson
P roject Number:
P C18-11-V
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
Approve License A greement for shed encroachment at Lot 6, Block 1, Pilot Knob Estates
(14386 Embry C ourt).
S UM M ARY:
On J une 14, 2018, the C ity C ouncil approved variances for a proposed porch, and existing
shed at 14386 Embry C ourt. A condition of the shed variance was that a licence to encroach
into the side and rear easements be obtained with the C ity. T his license allows the structure
to be considered conforming, but also allows the City to utilize the easement if it deems
necessary.
B AC K G RO UND:
As stated in the variance request, the shed was constructed approximately 20 years ago, and
did not require a building permit. T he owner has since expanded the shed to exceed 120 sq.
ft. but is still under the 200 sq. ft. requirement for a building permit.
T he Planning C ommission and staff reviewed the variance and recommended approval to the
City C ouncil, which approved the variance on J une 14th, 2018.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Agreement
Exhibit
10'
5'
EXHIBIT A: LICENSE AREA
City of Apple Valley
FEETSCALE
0 6030
HORZ.
N
Embry Ct
LICENSE AREA
EASEMENT
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Consent A genda
Description:
A pprove Water Quality I mprovement Cost Share Program Agreement with I ndependent School
District 196 for Native Garden I nstallation at 4679 144th S treet W.
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 A greement with Independent
School District 196 for native garden installation at 4679 144th Street W.; payment not to
exceed $500.00 per project.
S UM M ARY:
T he following water quality cost share application was received by C ity staff and the project
was determined to be eligible for the program.
Name Address P roject Watershed
Independent School District
196
4679 144th Street
W.
Native Garden Farquar
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 third Water Quality Improvement Cost Share application the C ity has received in
2018. T he project is located at the Dakota Valley Learning Center and has the potential to
be incorporated into education programs at the facility.
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.G.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A pproving Governmental L ease Purchase A greement for Turf Sprayer at
Valleywood Golf Course
S taff Contact:
B arry B ernstein, Parks & Recreation Director
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Adopt the resolution approving Governmental Lease Purchase Agreement No. 004-0741727-
301 for the financing of a turf sprayer at Valleywood Golf Course.
S UM M ARY:
VG M Financial Services, a division of T C F National Bank, is requesting the City C ouncil
adopt the attached resolution approving the Governmental Lease Purchase Agreement No.
004-0741727-301 for the financing of a turf sprayer at Valleywood Golf Course.
B AC K G RO UND:
T he C ity C ouncil approved an agreement March 22, 2018, for the leasing of equipment
purchased from Turfwerks C orporation with financing provided by VG M Financial Services,
a division of T C F National Bank.
B UD G E T I M PAC T:
T he total Valleywood Golf budget impact over the five year lease is $74,987.23.
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION FOR GOVERNMENTAL
LEASE-PURCHASE AGREEMENT NO. 004-0741727-301
DATED AS OF JUNE 25, 2018
A resolution authorizing the negotiation, execution, and delivery of Governmental Lease-
Purchase Agreement No. 004-0741727-301 dated June 25, 2018 (the “Lease”), in
principal amount not to exceed $74,987.23, between City of Apple Valley dba
Valleywood Golf, 4851 McAndrews Rd, Apple Valley, MN 55124 and VGM Financial
Services, a division of TCF National Bank, 1111 West San Marnan Dr., Suite A2 West,
Waterloo, IA 50701-8926; and prescribing other details in connection therewith.
WHEREAS, City of Apple Valley dba Valleywood Golf, (the “Lessee”) is a
political subdivision duly organized and existing pursuant to the Constitution and laws of
the State of Minnesota; and
WHEREAS, Lessee is duly authorized by applicable law to acquire such items of
personal property as are needed to carry out its governmental functions and to acquire
such personal property by entering into lease-purchase agreements; and
WHEREAS, Lessee hereby finds and determines that the execution of a Lease for
the purpose of leasing with the option to purchase the property designated and set forth in
Attachment 2 to the Lease is appropriate and necessary to the function and operations of
the Lessee; and
WHEREAS, VGM Financial Services, a division of TCF National Bank, (the
“Lessor”) shall act as Lessor under said Lease; and
WHEREAS, the Lease shall not constitute a general obligation indebtedness of
the Lessee within the meaning of the Constitution and laws of the State;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Apple Valley d/b/a Valleywood Golf, Dakota County, Minnesota, as follows:
Section 1. The Lease, in substantially the form as presently before the governing
body of the Lessee, is hereby approved, and the Mayor and City Clerk of the Lessee, are
hereby authorized to negotiate, enter into, execute, and deliver the Lease and related
documents in substantially the form as presently before the governing body of the Lessee,
with such changes therein as shall be approved by such officer, and which Lease will be
available for public inspection at the offices of Lessee.
Section 2. The Lessee shall, and the officers, agents and employees of the Lessee
are hereby authorized and directed to take such further action and execute such other
documents, certificates and instruments as may be necessary or desirable to carry out and
Page 2 of 2
comply with the intent of the Resolution, and to carry out, comply with and perform the
duties of the Lessee with respect to the Lease.
Section 3. The Lessee’s obligations under the Lease shall be expressly subject to
annual appropriation by Lessee; and such obligations under the Lease shall not constitute
a general obligation of Lessee or indebtedness of Lessee within the meaning of the
Constitution and laws of the State of Minnesota.
Section 4. All other related contracts and agreements necessary and incidental to
the Lease are hereby authorized, ratified and approved.
Section 5. Lessee reasonably anticipates to issue not more than $10,000,000 of
tax-exempt obligations (other than “private activity bonds” which are not “qualified
501(c)(3) bonds”) during the current calendar year and hereby designates the Lease as a
“qualified tax-exempt obligation” for purposes of Section 265(b) of the Internal Revenue
Code of 1986, as amended.
Section 6. This resolution shall take effect immediately upon its adoption and
approval.
ADOPTED this 9th day of August, 2018.
______________________________
Mary Hammann-Roland, Mayor
ATTEST:
________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with B & B Commercial Coating, L L C, for 2018-136, 2018 Hydrant
Reconditioning and P ainting
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 the agreement with B & B C ommercial C oating, LLC , for Project 2018-136, 2018
Hydrant Reconditioning and Painting, in the amount of $22,080.00.
S UM M ARY:
On J uly 27, 2018, quotations were received for the reconditioning and painting of hydrants.
T he project consists of sandblasting and top coating approximately 240 hydrants. T he City
solicited quotations from four contractors, only two returned quotes.
B & B Commercial C oating, LLC , submitted the low quote of $92.00 per hydrant as noted
on the attached bid tabulation, Exhibit A.
A standard City agreement will be utilized for this project.
B AC K G RO UND:
B & B C ommercial C oating has performed hydrant reconditioning for the C ity's of Lakeville
and Burnsville the past few years. Both cities are very pleased with the workmanship.
B UD G E T I M PAC T:
Funding for hydrant reconditioning and painting is included in the 2018 operating budget of
the Public Works Utility Division Water Fund.
Project Funding for 2018-136 5330.6249
B & B Commercial Coating, LLC $ 22,080.00
Total Project Funding $ 22,080.00
AT TAC HM E NT S :
Exhibit
Exhibit A
BID TABULATION
PROJECT 2018-136
2018 Hydrant Reconditioning
ITEM UNIT TOTAL UNIT TOTAL
No.ITEM QUANTITY PRICE PRICE PRICE PRICE
1 Sandblasting and painting of hydrants 240 $92.00 $22,080.00 $179.50 $43,080.00
B & B Commercial Coating,
LLC
Budget Sandblasting &
Painting , Inc.
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with Redline A rchitectural S heet Metal, L L C, for Project 2018-157, Family
A quatic Center Roofing - B ath House
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 the agreement with Redline Architectural Sheet Metal, LLC, for Project 2018-157,
Family Aquatic Center Roofing - Bath House, in the amount of $76,754.00.
S UM M ARY:
Staff is seeking authorization to enter into an agreement with Redline Architectural Sheet
Metal, LLC , for Project 2018-157, Family Aquatic C enter Roofing - Bath House, in the
amount of $76,754.00, to remove the original shingles and install commercial grade standing
seam metal roofing on the bath house building.
B AC K G RO UND:
Requests for Proposal were sought for re-roofing of the bath house building at Apple Valley
Family Aquatic C enter. Redline Architectural Sheet Metal, LLC , provided a quote of
$76,754.00 and Berwald Roofing & Sheet Metal quoted 225,700.00.
Because of budget constraints, the mechanical and concession buildings were re-roofed in
2016, but the bath house was deferred to 2018. Staff has a working relationship with Redline
Architectural Sheet Metal, LLC , and has found their past work in the park system
acceptable. Staff recommends accepting the proposal from Redline Architectural Sheet
Metal, LLC , for Project No. 2018-157, Family Aquatic C enter Roofing - Bath House.
B UD G E T I M PAC T:
$76,754.00
AT TAC HM E NT S :
Quotation
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E :A ugust 9, 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
August 9, 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)
Aaron Cavanaugh Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 7/28/2018
Andrew Cavanaugh Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 7/28/2018
Matthew Delacerda Hire Lifeguard I
Casual,
Seasonal $ 10.50 Hourly C-02 8/4/2018
Luke Fischbach Hire Lifeguard I
Casual,
Seasonal 1930 $ 10.50 Hourly C-02 7/21/2018
Thor Oase Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 7/28/2018
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the
employment of the City personnel.
Page 1 of 1
I T E M: 4.K.
C O UNC I L ME E T I NG D AT E :A ugust 9, 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 18, 2018, and J uly 25, 2018, in the amounts of $579,268.42, and
$1,611,261.05, 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 :A ugust 9, 2018
S E C T I O N:Regular A genda
Description:
Hold Public Hearing on Temporary Drawdown of L ong L ake, Public Water 19002200
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:
Conduct a public hearing and receive comments on the temporary drawdown of Long Lake,
Public Water 19002200, for C urly-leaf Pondweed and rough fish control.
S UM M ARY:
Periodic drawdown of Long Lake is recommended in the updated 2017 Long and Farquar
Lakes T MD L Implementation Plan for the purpose of controlling C urly-leaf Pondweed and
rough fish. T hese invasive weeds and non-desirable fish have negative impacts on water
quality. C onducting a public hearing is one of the requirements of the Minnesota Department
of Natural Resources Permit for the project.
B AC K G RO UND:
Long and Farquar Lakes are listed as impaired waters, or not meeting State water quality
standards, due to excess phosphorus. A remediation plan, called a Total Maximum Daily
Load (T MD L), has been developed for the lakes, as well as an accompanying T MD L
Implementation Plan. T he C ity of Apple Valley is required to demonstrate progress toward
meeting pollution reduction targets in the T MD L as part of its N P D ES MS4 stormwater
permit.
In 2017, the T MD L Implementation Plan was updated with the next phase of recommended
projects and best management practices. T he Plan recommends repeating a winter drawdown
of Long Lake approximately every 5 years to mimic a natural drought. Neither Curly-leaf
Pondweed nor rough fish are expected to be eradicated from the lake, but periodic
drawdowns will limit their densities. T he drawdown will take place beginning in the fall of
2018 through spring of 2019. T his timeline allows turtles to find other suitable habitats.
In order to complete the drawdown, the C ity of Apple Valley is required to obtain a permit
from the Minnesota Department of Natural Resources under MS 103G.408. C riteria for
obtaining the permit include:
1. C onducting a public hearing; and
2. Obtaining permission from at least 75% of riparian landowners.
To date, the Long Lake Watershed Association and the City have collected 19 of 22 riparian
owner's signatures of consent, which is equivalent to 86%.
T his will be the third time that Long Lake has been drawndown over the last decade. T he
first drawdown occurred with installation of the drawdown pipe in winter of 2009-2010. T he
second drawdown occurred over winter 2013-2014. In spring of 2014, the Lake was
documented to have completely refilled by the end of April with natural snowmelt and rain
from the watershed. T he City anticipates the next drawdown in the winter of 2023.
B UD G E T I M PAC T:
A drawdown pipe was installed between Long and Farquar Lakes in winter 2009-2010, with
grant funds secured from the Vermillion River J oint Powers Organization. T he pipe allows
for drawdown of the lake by gravity. Since construction and installation of the pipe were
completed in 2009, the anticipated costs to conduct the drawdown are limited to minimal staff
time to open and close the pipe.
AT TAC HM E NT S :
Background Material
Presentation
Long and Farquar Lakes TMDL BMP Spotlight:
Lake Drawdown
City of
Apple Valley
What is a BMP?
BMP stands for Best Manage-
ment Practice. BMPs are practic-
es or structures that reduce
water pollution. Example BMPs
are street sweeping, cleaning
sediment buildup from ponds,
and educating residents about
their impact on water quality.
Inside this issue:
What is a Drawdown 2
The Culprits 2
Three Views
of Long Lake 2
What To Expect 3
What You Can Do to
Help 4
April 20, 2018
What You Can Do To Help
WWW.CITYOFAPPLEVALLEY.ORG
Central Maintenance Facility
6442 140th Street West
Municipal Center
7100 West 147th Street
Apple Valley, MN 55124
City of Apple Valley
Public Works Department
Phone: 952-953-2400
Fax: 952-953-2462
Email: jbyron@ci.apple-valley.mn.us
The City of Apple Valley is pledged to promote and enhance the health, safety, and
general well-being of its citizens and all who visit the City.
Apple Valley Public Works provides services to residents through its Engineering,
Building Inspections, Fleet Maintenance, Natural Resources, Streets Maintenance, and
Utilities Divisions.
Much of the phosphorus in Long and Farquar Lakes originated in our yards. As such, personal habits
and how we manage our yards can have a big impact on water quality in the Lakes. Here are the
top habits you can implement on your property to clean the Lakes:
Clean Up After Yourself
Many seemingly harmless substances can have a big impact on the Lakes. Items like grass clippings,
pet waste, soaps, and leaves contain high amounts of phosphorus. If left on sidewalks, driveways, or
the street, they will be washed into the Lakes during the next rainstorm via the stormdrains on the
street. Clean it up if it falls on a hard surface. Wash your car on the lawn or at a local carwash.
Check the Label
It is illegal in Minnesota to fertilizer your lawn with fertilizer containing phosphorus unless you are
establishing a new lawn or a soil test shows that your lawn has a phosphorus deficiency. The middle
number on the fertilizer bag needs to be zero. Vendors can still sell fertilizers containing phosphorus.
It is up to you to select the right product.
Only Rain Down the Drain
The stormdrain on the street connects directly to the Lakes. If you a pour a substance down the drain,
it will end up in the Lakes. Household chemicals can be recycled at The Recycling Zone in Eagan at
3365 Dodd Rd. Ask a friend if they want your unwanted goldfish or minnows. Goldfish and minnows
are a problem in the Lakes that is contributing to phosphorus.
Reduce Your Stormwater
There are many techniques that are easy to implement and cost effective that can help control
stormwater on your property. Redirecting downspouts to lawns or gardens, installing rainbarrels, and
replacing hard surfaces with pervious pavers/pavements can reduce stormwater volume on your
property. Installing a native plant garden, raingarden, or native plant shoreline stabilization can
reduce stormwater volume and filter out pollutants while improving the aesthetics of your yard.
Grants and technical assistance are available to install many of these practices in your yard. Call
952-953-2462 if you would like to learn more.
Stay Involved
The City offers volunteer activities, like stormdrain stenciling, that help get the word out. There may
be opportunities in the future to assist with installation of City projects that help the Lakes. Show your
support for the Lakes and offer your time. Call 952-953-2462 for more information.
TMDL stands for Total Maximum Daily Load
and is a study that determines the causes of
poor water quality in a waterbody, the
pollutant reductions required to meet water
quality goals, and strategies to reach those
goals. Federal regulations require
development of a TMDL for waterbodies that
fail to meet state water quality standards.
The Farquar and Long Lakes TMDL developed
by the City of Apple Valley in cooperation
with the Vermillion River Watershed Joint
Powers Organization and Minnesota Pollution
Control Agency was approved by the USEPA
in April of 2009, and the original
accompanying Implementation Plan was
approved in June of 2010. An update to the
Implementation Plan was completed in 2017
The City is using the recommendations and
strategies listed in the TMDL to install projects
to reduce phosphorus concentrations and
improve water quality in Farquar and Long
Lakes. A large number of projects and
strategies have already been implemented
and include rehab of pond EVR-P13 in Long
Lake Park, installation of raingardens at
Falcon Ride Middle School, and enhanced
street sweeping in neighborhoods directly
adjacent to the lakes.
Drawdown of Long Lake is another
implementation strategy called out in the
approved Implementation Plan. The first
drawdown of Long Lake occurred in 2009
with installation of a drawdown pipe connect-
ing Long and Farquar Lakes, and the second
occurred in 2013. The 2018 drawdown will
be the third Long Lake drawdown.
Water quality in the lakes will continue to be
monitored to assess the success of projects and
TMDL strategies.
Visit the Minnesota Pollution Control Agency
website at http://www.pca.state.mn.us for
more information on the TMDL, or call city
staff at 952-953-2462.
Cleaning Long and Farquar Lakes
Long Lake Park before & after clean out of existing
pond and addition of iron enhanced sand filters.
An iron enhanced sand filter located along the Moeller
Park trail system filters pollutants out of stormwater
runoff that eventually drains to Everest Pond. Iron
enhanced sand filters one of many state of the art
strategies the City is employing to improve water
quality in the lakes. The sand filter captures particulate
phosphorus while dissolved phosphorus chemically binds
to iron filings.
A newly planted native plant
shoreline stabilization on Long
Lake. These young plants will
reach full size in three years.
Their long root systems will help
prevent erosion, reduce runoff,
and filter pollutants.
These girl scouts participated in a
neighborhood clean up project in
2012. The bags of leaves col-
lected will reduce phosphorus in
area lakes.
Long and Farquar Lakes TMDL BMP Spotlight: Lake Drawdown Page 2
What is Lake Drawdown?
In a lake drawdown, water in the lake is artificially lowered for
several months or more to improve lake water quality or rehabilitate
ecology. In the case of Long Lake, we are trying to decrease curly-
leaf pondweed densities and rough fish (bullheads, minnows, gold fish,
etc.) populations because of their negative impact on phosphorus
concentrations.
Drawdown also has a number of positive side benefits. Many
beneficial native aquatic plants require the lake bottom to be exposed
to germinate, and the lower water level makes inspection and
maintenance of certain structures easier by improving access.
Page 2 Long and Farquar Lakes TMDL BMP Spotlight: Lake Drawdown
What to Expect
To initiate drawdown on Long Lake, a valve that is opened that allows the water to drain out
by gravity through a pipe set at a lower elevation than the regular outlet. Due to the normal
water elevation of the receiving water (Farquar Lake), Long Lake can only be lowered about
3.5 feet. That means a small portion of the lake will have about one foot of water in it during
the drawdown unless conditions are dry or a pump is employed. The City relies on rainstorms
and runoff to fill the lake back up once the valve has been closed.
The timing and duration of when the valve will be open depends on the management concern
being addressed. For curly-leaf pondweed control, exposing the lake bottom during freezing
conditions is the goal. The valve generally needs to be opened in late summer or early fall to
allow time for amphibians to relocate prior to winter and stays open throughout the winter to
ensure sufficient exposure. Summer drawdown is most beneficial for establishment of native
plants. Rough fish reduction will occur to a certain extent no matter the time of year that
drawdown is initiated.
The Minnesota Department of Natural Resources requires that at least 75% of the residents
living on a lake consent to it being drawndown prior to giving approval for a drawdown to
the City. The City will seek signed consent from affected residents prior to drawdown to re-
main in compliance with MnDNR requirements. The City will inform residents about the rela-
tive timing for the opening and closing of the valve. The City is planning to begin the draw-
down in early September, 2018
How soon the Lake fills up is climate dependent; in a wet year the lake will refill faster. How-
ever, there is little doubt that the lake will refill; the contributing watershed is very large and
produces a large volume of runoff during normal (non-drought) conditions. Long Lake filled
completely by June 11 in 2010 and April 28 in 2014 following drawdowns in fall/winter
seasons of 2009-10 and 2013-14 respectively; rainfall totals for the first half of 2010
largely fell within climatic averages while the first half of 2014 was wetter than normal.
Residents can still expect to see some curly-leaf pondweed and rough fish following draw-
down. Drawdown is a management technique and doesn’t lead to complete removal. There
are upstream and downstream waterbodies that will continue to provide sources for curly -leaf
pondweed and rough fish.
Additionally, as drawdown is considered an ongoing management technique, the drawdown
process is periodically repeated. The City anticipates the next drawdown in the winter of
2023.
Contact Apple Valley Natural Resources Staff at 952-953-2400 if you continue to have
questions about the process and what to expect.
Other Minnesota Agencies are
choosing drawdown as a strategy.
Recent lake drawdowns have
included Peltier Lake in Centerville,
Smith Lake near Cokato, and
Anderson Lakes in Eden Prairie.
Long Lake, October, 2009. Lake level at
the beginning of drawdown. Old fence
posts in below the water hint at the Lake’s
history of low water in dry years.
Long Lake Watershed. The area inside the
blue line drains to Long Lake. The large
watershed area means the Lake will refill
quickly when there is no drought.
The Culprits
Curly-leaf Pondweed
Curly-leaf pondweed is a non-native nuisance aquatic plant that dies off in June and July. Its roots effec-
tively mine phosphorus from the lake sediment to sustain itself. As the plant decays when it dies off, the
phosphorus stored in the leaves and stems is released back into the water. This process occurs with other
native plants; however, it occurs in the fall when people are less likely to be in the water and cooler temper-
atures slow algae growth. Drawdown controls curly-leaf pondweed by killing vegetative propagules
(similar to seeds) as lake sediments are exposed to freezing temperatures over the winter.
Picture by Leslie J. Mehrhoff, UConn
Rough Fish
Shallow lakes like Long Lake do not normally support game fish like bass and walleyes because they do not
hold enough oxygen over the winter for them to survive. Rough fish tend to dominate these types of lakes
since they can survive at lower oxygen levels. As their populations flourishes and they run out of normal
food sources, they begin to root around in the lake sediments, causing release of phosphorus into the lake.
Lake drawdown is a natural way to reduce rough fish populations.
Three Views of Long Lake
1964
A drought in 1963 and several months with
below average rainfall in 1964 caused the
Lake to lower significantly. Prior to residen-
tial development in the 1970s and ‘80s, Long
Lake often experienced years of below av-
erage water elevations in response to climat-
ic conditions, including several years in the
1930s when it went completely dry.
The Present
Native aquatic plants that often need the
exposed soils revealed by water fluctuations
to germinate are more scarce and nuisance
plants like Curly-leaf pondweed have taken
over. Picture from 2011.
2010
Despite the fact that the Lake had been
drawndown (lowered) about 3.5 feet through
mid-winter for installation of the drawdown
pipe, the Lake is nearly back to its normal
elevation by mid April. Aquatic pant surveys
from 2005 and 2010 have shown a reduc-
tion in Curly-leaf pondweed density.
Public Hearing
2018 Temporary Drawdown of Long Lake
August 9, 2018
Project Driver
•Impaired Waters
•2017 Implementation Plan Update
•Mimic natural drought
▫Freeze curlyleaf pondweed and rough fish
Statute Requirements Summary
•Public Waters Work Permit Application
•Other agencies notified
▫Minimum of 75% support by riparian
owners
19 of 22 or 86%
▫Public Hearing tonight
Operations
•Receive Permit from Minnesota DNR
•Open Valve
•Timing
•Third drawdown since installation
Long Lake Watershed
Comments, Questions
Public Hearing
•Receive comments
I T E M: 5.B.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Regular A genda
Description:
Hold Public Hearing to Vacate Drainage and Utility E asements on L ot 1, B lock 1, Rumoulington
A ddition; and L ot 15, Block 3, and the S outh Half of L ot 16, Block 3, L ebanon Hills First
A ddition (135 Surrey Trail South and 129 S urrey Trail S outh)
S taff Contact:
K athy Bodmer, A I C P, Planner
Department / Division:
Community Development Department
Applicant:
Gene R. and S helby J . Splinter and Dan Moulin
P roject Number:
P C18-20-S V G F
Applicant Date: 6/27/2018 60 Days: 8/25/2018 120 Days: 10/24/2018
AC T I O N RE Q UE S T E D:
Conduct public hearing to vacate drainage and utility 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 Surrey Trail South). Staff
recommends no further action until the final plat is considered by the C ity C ouncil.
S UM M ARY:
T he City C ouncil is asked to conduct a public hearing to consider vacation of easements at
135 Surrey Trail South and 129 Surrey Trail South. Two residential property owners wish to
adjust the location of an existing shared lot line. T he vacation is requested so that new
property lines can be established and new easements dedicated along the new property lines
with the new plat.
In order to vacate an easement, the C ity must determine there is no longer a public need for
the easement. T he C ity Engineer reviewed this request and has no objection to the vacation,
provided drainage and utility easements are dedicated with the new plat. When there is a
request for a vacation of easements, the C ity procedure is to also notify all utility companies
of the vacation request in case they have services in the easement. Xcel Energy and
CenterPoint Energy both sent correspondence confirming they have no objection to the
vacation.
Staff recommends that the hearing for the vacation of the easements be held, but that no
action be taken until the C ity C ouncil reviews the final plat. T his will ensure that
replacement easements are dedicated along the new property line.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
L ocation Map
Map
Correspondence
Presentation
SITE CEDAR AVEI-35EC I M A R R O N R D
PENNOCK AVE SGERMANE AVE123RD ST W
CEDAR AVE RAMPGERMANE TRL
S U R R E Y T R L S I-35E RAMPCHAPARRAL DRGRANDVIEW TERSURREY TRL N
HIDDEN MEADOW RDSHASTA CT
B
E
A
U
M
O
N
T C
T PRIVATE ROADSABRA CTTIFFANY CTGANTRY CTGREYLOCK CT
GLENBROOK WAYCHAPARRAL CTSURREY TRL SI-35EDakota County GIS
SPLINTER ADDITION
µ
LOCATION MAP
^
Half Section Map – 135 and 129 Surrey Trail South
Lot 1, Block 1,
Rumoulington
Addn
Lot 15, Block 3 & So 1/2
Lot 16, Block 3
Lebanon Hills First
Addn
Utilities Responses
From: Steadland, Adam D [mailto:Adam.D.Steadland@xcelenergy.com]
Sent: Friday, July 20, 2018 8:40 AM
To: Gackstetter, Pamela
Subject: Apple Valley Vacation
Pamela,
Xcel Energy has no issue with the vacation at 135 and 129 Surrey Trail South.
Adam D. Steadland
Xcel Energy | Responsible By Nature
Siting and Land Rights Business Analyst
414 Nicollet, 6th Floor
Minneapolis, MN 55401
P: 612.337.2204 C: 651.428.2326
E: Adam.D.Steadland@xcelenergy.com
•CenterPoint.
Energy
July 18,2018
Pamela Gackstetter
City Clerk
City of Apple Valley
7100 -14ih Street W.,
Apple Valley,MN 55124
(952)953-I
700 West Linden Avenue
PO Box 1165
Minneapolis.MN 55440-1165
•
RE:Vacation DU&E Lot 1,Block 1,Rumoulington Addition,Lot 15,Block 3 and
the south half of Lot 16,Block 3,Lebanon Hills First Addition.
Dear Ms.Gackstetter
CenterPoint Energy has no objection or issues related to the vacation DU&E Lot 1,
Block 1,Rumoulington Addition,Lot 15,Block 3 and the south half of Lot 16,Block
3,Lebanon Hills First Addition.
Thank you for the advance notice.If you have any questions please feel free to call
me at 612- .
Respectfully,
CENTERPOINT ENERGY
Chuck Mayers,SRWA
Right of Way Agent III
pc:Nathan P.Toedter,C&M Supervisor,CenterPoint Energy
Ronald R.Lindstrom,C&M Advance Foreperson,CenterPoint Energy
Nathan Nazareno,Area Engineer,CenterPoint Energy
Andrew Ba/gobin,Engineering Administrator
NOTICE OF HEARING
ON PROCEEDINGS FOR VACATION OF
PUBLIC GROUNDS IN THE CITY OF APPLE V ALLEY
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley,Dakota
County,Minnesota,will meet at the Municipal Center,7100 West 147th Street,at 7:00 p.m.,or as
soon thereafter as possible,on Thursday,August 9,2018,to consider the matter ofvacation of the
following described public grounds in the City of Apple Valley,pursuant to Mim1esota Statutes
412.851:
All drainage and utility easements upon and across Lot I,Block I,
RUMOULINGTON ADDITION and Lot 15,Block 3 and the south half of Lot
16,Block 3,LEBANON HILLS FIRST ADDITION,according to the recorded
plats thereof,on file at the Recorder's Office,Dakota County,Milli1esota.
Such persons as desire to be heard with reference to the proposal will be heard at this
meeting.
DATED this 12th day of July,2018.
8/9/2018
1
Splinter Vacation
City Council Meeting August 9, 2018
Requested Actions
1.Hold public hearing to consider vacation
of existing d/u easements.
8/9/2018
2
Location –129 and 135 Surrey
Trail South
Zoomed In View of Lots
8/9/2018
3
Preliminary Plat Splinter
Addition
Vacation of Easements
Description:
All drainage and utility easements upon
and across Lot 1, Block 1, RUMOULINGTON
ADDITION and Lot 15, Block 3 and the south
half of Lot 16, Block 3, LEBANON HILLS FIRST
ADDITION, according to the recorded plats
thereof, on file at the Recorder's Office, Dakota
County, Minnesota.
8/9/2018
4
Draft Final Plat
Recommended Action
Open public hearing, receive comment, close
public hearing.
Staff recommends no action be taken until the City
Council considers the final plat which will dedicate
replacement easements.
8/9/2018
5
Questions?
I T E M: 5.C.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Regular A genda
Description:
P HS A pple Valley Senior Housing, I nc. - Orchard P ath P roject
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
1. Hold Public Hearing
2. Adopt the resolution approving a Housing Program and providing for the issuance and
sale of Senior Housing Revenue Refunding Bonds.
S UM M ARY:
A public hearing has been set for August 9, 2018, at 7:00 p.m. on the issuance of Senior
Housing Revenue Refunding Bonds to be issued to refund the outstanding principal amount
of Public Finance Authority's $49,725,000 Revenue Bonds Series 2016A that
were originally issued to fund the construction of the Presbyterian Homes and Services
Program-PHS Apple Valley project.
T he C ity has received a request from PHS Apple Valley Senior Housing, Inc., to
issue refunding revenue bonds. T hese bonds are payable only from the revenues of PHS
Apple Valley Senior Housing, Inc., and are not an obligation of the City of Apple Valley and
will not impact the C ity's bond ratings through Moody's and Standard and Poor's.
B AC K G RO UND:
PHS A pple Valley Senior Housing, Inc., has requested the C ity of Apple Valley issue
refunding revenue bonds to refund the outstanding principal amount of Public Finance
Authority's $49,725,000 Revenue Bonds Series 2016A that were issued to fund the
construction of the Presbyterian Homes and Services Program-PHS Apple Valley project.
T he bonds to be issued would be in an amount not to exceed $50,000,000.
T he project is located at 5400 157th Street West in the C obblestone neighborhood. T he
original financing provided for the construction of an approximately 325,000 square foot
building with a total of 193 units, consisting of 155 independent living units, 58 assisted
living units, and 20 assisted memory care units. T hese refunding revenue bonds will provide
the permanent financing of the project.
B UD G E T I M PAC T:
T here will not be a budget impact, all costs associated with the issuance are to be reimbursed
by PHS Apple Valley Senior Housing, Inc., In addition the applicant will pay a conduit debt
issuance fee.
AT TAC HM E NT S :
Resolution
10924709v3
Extract of Minutes of a Meeting of the
City Council of the
City of Apple Valley, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Apple Valley, Minnesota, was duly held at the City Hall in such City on Thursday, the 9th day
of August, 2018 at 7:00 o'clock p.m.
The following Council members were present:
and the following Council members were absent:
Member _____________ introduced the following resolution and moved its adoption:
CITY OF APPLE VALLEY
RESOLUTION NO. 2018–__
A RESOLUTION PROVIDING FOR THE APPROVAL OF
A HOUSING PROGRAM AND THE ISSUANCE AND SALE OF
SENIOR HOUSING REVENUE REFUNDING BONDS (PHS APPLE VALLEY SENIOR
HOUSING, INC.–ORCHARD PATH PROJECT), SERIES 2018
RELATING TO A SENIOR HOUSING AND HEALTH CARE PROJECT
BE IT RESOLVED by the City Council of the City of Apple Valley, Minnesota (the
"City"), as follows:
1. Authority. The City is, by the Constitution and laws of the State of Minnesota,
including Minnesota Statutes, Chapter 462C, as amended (the "Act"), authorized to issue and sell
its revenue bonds for the purpose of financing or refinancing the cost of housing, assisted living,
and memory care facilities for the elderly and to enter into agreements necessary or convenient in
the exercise of the powers granted by the Act.
2. Authorization of Project; Documents Presented. PHS Apple Valley Senior
Housing, Inc., a Minnesota nonprofit corporation (the "Borrower"), has proposed that the City
issue and sell its Senior Housing Revenue Refunding Bonds (Orchard Path Project), Series 2018
in an amount not to exceed $50,000,000 (the "Bonds") in substantially the form set forth in the
Indenture (as hereafter defined) pursuant to the Act and loan the proceeds thereof to the Borrower,
in order to current refund the outstanding principal amount of the Public Finance Authority's
$49,725,000 Revenue Bonds (Presbyterian Homes and Services Program–PHS Apple Valley
Senior Housing, Inc. Project) Series 2016A (the "2016 Bonds") which were issued to finance the
Borrower's senior living campus located at 5400 157th Street West in the City (the "Project").
Forms of the following documents relating to the Bonds have been submitted to the City, all of
10924709v3
2
which are dated as of the first day of the month in which the Bonds are issued, unless otherwise
indicated:
(a) The Loan Agreement (the "Loan Agreement") between the City and the
Borrower, whereby the City agrees to make a loan of the proceeds of sale of the Bonds to
the Borrower and pursuant to which agreement the Borrower agrees to current refund the
2016 Bonds and to pay amounts in repayment of the loan sufficient to provide for the full
and prompt payment of the principal of, premium, if any, and interest on the Bonds; and
(b) The Trust Indenture (the "Indenture") between the City and UMB Bank,
National Association, as trustee (the "Trustee"), authorizing the issuance of the Bonds and
pledging certain revenues, including those to be derived from the Loan Agreement, as
security for the Bonds, and setting forth proposed recitals, covenants and agreements
relating thereto; and
(c) The Amended and Restated Mortgage, Security Agreement, Assignment of
Leases and Rents and Fixture Financing Statement (the "Mortgage") between the
Borrower, as mortgagor, and the Trustee, as mortgagee, granting to the Trustee a first
mortgage lien on and security interest in the Project as security for repayment of the Bonds,
(this document not executed by the City); and
(d) The Bond Purchase Agreement (the "Bond Purchase Agreement"), among
Piper Jaffray & Co. and Northland Securities, Inc. (together, the "Underwriter"), the
Borrower, and the City, providing for the purchase of the Bonds from the City by the
Underwriter and setting forth the terms and conditions of purchase; and
(e) The Preliminary Official Statement (together with the form of final Official
Statement and the insertion of the final underwriting details of the Bonds, including the
interest rates thereon, and any other changes deemed necessary or desirable, intended to
constitute the form of the final Official Statement, and including all Appendices thereto
(together the "Official Statement")), describing the offering of the Bonds, and certain terms
and provisions of the foregoing documents relating to the Bonds.
3. Findings. It is hereby found, determined and declared that:
(a) Based on Borrower representations to the City, the Project constitutes a
project authorized by and described in the Act as elderly rental housing and health care
facilities.
(b) A public hearing on the Project and the housing finance program was held
this same date, after notice was published in the official newspaper of the City not less than
15 days in advance of said public hearing, and materials were made available for public
inspection at the City Hall, all as required by the Act and Section 147(f) of the Internal
Revenue Code of 1986, as amended (the “Code”), at which public hearing all those
appearing who desired to speak were heard and written comments were accepted.
(c) Pursuant to Section 462C.04 of the Act, the City made timely submission
of the housing finance program to the Metropolitan Council for its review and comment,
10924709v3
3
and the City has heretofore received favorable comment from the Metropolitan Council on
such program.
(d) No public official of the City has either a direct or indirect financial interest
in the Project nor will any public official either directly or indirectly benefit financially
from the Project.
(e) There is no litigation pending or, to the City's actual knowledge, threatened
against the City relating to the Bonds, the Loan Agreement, the Bond Purchase Agreement,
or the Indenture (collectively, the "City Bond Documents") or questioning the due
organization of the City, or the powers or authority of the City to issue the Bonds and
undertake the transactions contemplated hereby.
(f) The execution, delivery and performance of the City's obligations under the
City Bond Documents do not and will not violate any order of any court or other agency
of government of which the City is aware or in which the City is a party, or any indenture,
agreement or other instrument to which the City is a party or by which it or any of its
property is bound, or be in conflict with, result in a breach of, or constitute (with due notice
or lapse of time or both) a default under any such indenture, agreement or other instrument.
(g) It is desirable that the Bonds be issued by the City upon the terms set forth
in the Indenture under the provisions of which the City's interest in the Loan Agreement
will be pledged to the Trustee as security for the payment of principal of, premium, if any,
and interest on the Bonds.
(h) Under the provisions of the Act, and as provided in the City Bond
Documents, the Bonds are not to be payable from nor charged upon any funds other than
amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts
held by the Trustee which are pledged to the payment thereof; the City is not subject to any
liability thereon; no owners of the Bonds shall ever have the right to compel the exercise
of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to
enforce payment thereof against any property of the City; the Bonds shall not constitute a
general or moral obligation of the City or a charge, lien or encumbrance, legal or equitable,
upon any property of the City (other than the interest of the City in the Loan Repayments
to be made by the Borrower under the Loan Agreement); and each Bond issued under the
Indenture shall recite that such Bond, including interest thereon, shall not constitute or give
rise to a charge against the general credit or taxing powers of the City.
4. Approval and Execution of Documents. The form of the Bonds and the City Bond
Documents are approved. The City Bond Documents, together with such other documents
necessary in connection therewith, are authorized to be executed in the name and on behalf of the
City by the Mayor and the City Administrator at such time, if any, as they may deem appropriate,
or executed or attested by other officers of the City, in substantially the form on file, but with all
such changes therein, not inconsistent with the Act or other law, as may be approved by the officers
executing the same, which approval shall be conclusively evidenced by the execution thereof; and
then shall be delivered to the Trustee. Modifications to the form of Mortgage may be made at the
discretion of the parties thereto.
10924709v3
4
5. Approval, Execution and Delivery of Bonds. The City is authorized to issue the
Bonds, in an aggregate principal amount of not to exceed $50,000,000, in the form and upon the
terms set forth in the Indenture which terms are for this purpose incorporated in this resolution and
made a part hereof; provided, however, that the initial aggregate principal amount of and the
maturities of the Bonds, the interest rates thereon, and any provisions for the optional or mandatory
redemption thereof shall all be as set forth in the final form of the Indenture to be approved,
executed and delivered by the officers of the City authorized to do so by the provisions of this
Resolution, which approval shall be conclusively evidenced by such execution and delivery. The
Underwriter has agreed pursuant to the provisions of the Bond Purchase Agreement and subject to
the conditions therein set forth, to purchase the Bonds at the purchase price set forth in the Bond
Purchase Agreement and said purchase price is hereby accepted. The Mayor, City Administrator,
and other City officers are authorized to execute the Bonds as prescribed in the Indenture at such
time, if any, as they may deem appropriate, and to deliver them to the Trustee, together with a
certified copy of this Resolution and the other documents required by Section 2.08 of the Indenture
for authentication, registration and delivery to the Underwriter.
6. Official Statement. As requested by the Underwriter, the City hereby consents to
the circulation by the Underwriter of the Official Statement in offering the Bonds for sale;
provided, however, that the City has not participated in the preparation of the Official Statement
or independently verified the information in the Official Statement except with respect to the
information under the heading "THE ISSUER" and with respect to litigation against the City
relating to issuance of the Bonds (of which there is none) under the heading "ABSENCE OF
MATERIAL LITIGATION–The Issuer" and takes no responsibility for, and makes no
representations or warranties as to, the accuracy, completeness or sufficiency of such information.
7. Certificates, etc. The Mayor, City Administrator, and other officers of the City are
authorized at such time, if any, as they may deem appropriate, to prepare and furnish to bond
counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and
records of the City relating to the Bonds, and such other affidavits and certificates as may be
required to show the facts appearing from the books and records in the officers custody and control
or as otherwise known to them; and all such certified copies, certificates and affidavits, including
any heretofore furnished, shall constitute representations of the City as to the truth of all statements
contained therein.
8. Housing Program. The housing program in substantially the form attached hereto
as Exhibit A is hereby approved.
Adopted by the City Council of the City of Apple Valley, Minnesota, this 9th day of
August, 2018.
_______________________________________
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
10924709v3
5
The motion for the adoption of the foregoing resolution was duly seconded by member
____________________, and after full discussion thereof and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
10924709v3
A-1
EXHIBIT A
PROGRAM FOR REFINANCING
A MULTIFAMILY RENTAL HOUSING DEVELOPMENT
Proposal Authority. Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of
Apple Valley, Minnesota (the "City") is authorized to develop and administer programs of
multifamily senior housing developments and facilities for seniors who need additional assisted
living and special services under the circumstances and within the limitations set forth in the Act,
specifically Minnesota Statutes, Section 462C.05, subdivision 7. Minnesota Statutes, Section
462C.07 provides that such programs for Minnesota multifamily housing and health care
developments may be financed by revenue bonds issued by the City. This housing and health care
finance program (this "Program") is undertaken by the City to refinance a Project (as hereafter
described) owned and operated by PHS Apple Valley Senior Housing, Inc., a Minnesota nonprofit
corporation (the "Borrower"), an affiliate of Presbyterian Homes and Services, a Minnesota
nonprofit corporation. The City expects to issue revenue bonds (the "Bonds") pursuant to the Act
to assist in refinancing the Project.
General Description of the Project and Location. The Project is located at 5400 157th Street
West in the City. The City anticipates loaning the proceeds of the Bonds to the Borrower to
refinance the outstanding principal amount of the $49,725,000 Revenue Bonds (Presbyterian
Homes and Services Bond Program-PHS Apple Valley Senior Housing, Inc., Project), Series
2016A (the "Prior Bonds") issued by the Public Finance Authority to finance the acquisition,
construction, and equipping of a senior living campus, consisting of an approximately 325,000
square-foot building with a total of 193 units consisting of 115 independent living units, 58 assisted
living units, and 20 assisted memory care units (the "Project").
The Project consists of one contiguous four story building with approximately 325,000
gross square feet. The living units include:
10924709v3
A-2
Unit Description Number of
Units
Average Sq.
Feet/Unit
Approximate
Base Rent
Second
Person Fee
Independent Living:
One-bedroom 32 796 $1,784 $0
One-bedroom w/Sunroom 23 1171 $2,750 $0
One-bedroom w/Den 6 1120 $2,617 $0
Two-bedroom 18 1301 $2,939 $0
Two-bedroom w/Sunroom 32 1423 $3,580 $0
Two-bedroom w/Den 4 1849 $3,950 $0
Assisted Living:
Studio 12 458 $3,180 $650
One-bedroom 34 607 $3,647 $650
One-bedroom w/Den 6 755 $4,250 $650
Two-bedroom 6 882-939 $4,535 $650
Memory Care
Studio 4 458-505 $3,575 n/a
One-bedroom 16 596-641 $3,919 n/a
Operation of the Project. The Borrower will operate the Project in accordance with
applicable development restrictions, and all construction was and is subject to applicable state and
local building codes. The Project is and will be available for rental to the general public. The
Borrower is and will be required to operate the Project in accordance with state and local anti-
discrimination laws and ordinances.
Revenue Bonds. The Borrower has indicated that the amount of Bonds required to
refinance the Project is not to exceed $50,000,000 and will mature in approximately 40 years. The
proceeds will finance the current refunding of the Prior Bonds and pay certain costs of issuing the
Bonds.
Allocation of Issuance Authority. Because the Borrower is a nonprofit entity and an
organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, no
allocation of authority to issue tax-exempt bonds is required pursuant to Minnesota Statutes,
Chapter 474A. The Bonds will be issued pursuant to Section 462C.07, Subd 1 of the Act and shall
be payable primarily from revenues of the Program. Issuance of the Bonds is anticipated to occur
August, 2018.
Monitoring. The Borrower expects to enter into suitable agreements with necessary parties
to ensure consistent compliance with the objectives of this Program, as well as with the
requirements of applicable law.
10924709v3
A-3
Use of Bond Proceeds. The proceeds of the Bonds will be loaned to the Borrower pursuant
to a revenue agreement (the "Loan Agreement") by and between the City and the Borrower. The
Borrower will be required, pursuant to the Loan Agreement, to make payments sufficient to pay
when due the principal of, premium, if any, and interest on the Bonds.
10924709v3
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
I, the undersigned, being the duly qualified and acting Clerk of the City of Apple Valley,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and complete
transcript of the minutes of a meeting of the City Council of said City duly called and held on the
date therein indicated, insofar as such minutes relate to approval of a housing program and the
issuance of housing revenue refunding bonds by the City.
WITNESS my hand this ____ day of August, 2018.
______________________________
City Clerk
I T E M: 5.D.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Regular A genda
Description:
A dopt Resolution A pproving Conditional Use P ermit A mendment for Second Car Wash
at Holiday S tationstore #0316, at 5980 147th S treet W.
S taff Contact:
A lex Sharpe, Planner and Economic Development Spec.
Department / Division:
Community Development Department
Applicant:
Holiday S tationstore #0316
P roject Number:
P C18-19-C
Applicant Date: 6/20/2018 60 Days: 8/19/2018 120 Days: 10/18/2018
AC T I O N RE Q UE S T E D:
Adopt resolution approving C onditional Use Permit amendment for second car wash
at Holiday Stationstore #0316, at 5980 147th Street W.
S UM M ARY:
On J uly 18, 2018, the Planning C ommission held the public hearing for this item and did not
receive any public comments. T he Planning C ommission unanimously recommended
approval of the expansion of the car wash subject to conditions.
Holiday Station Stores, has applied for a C onditional Use Permit Amendment (C UP) for the
store at 5980 149th St. W. to expand their current car wash. In the I-1 "Limited Industrial"
zone, car washes are considered a conditional use. T he existing car wash received a C UP in
2000, which is proposed to be amended to add a second car wash bay.
T he site is currently used as a motor fuel station, as well as a truck stop, both of which are
conditional uses within the I-1 zone. T he proposed car wash would remove two parking
spaces for large semi-trailers. T his will limit the overnight parking at the site, as there will no
longer be as many stalls for semi-trailers to park.
As proposed, the additional car wash bay is 31' from the property line, which meets the
required 10' interior side setbacks in the I-1 zone. Staff from multiple departments have
reviewed the proposal and placed conditions accordingly. Natural Resources has requested
that one of the two Norway Maple trees proposed on the landscape plan be replaced with
different hardwood tree species to add to diversity on the site and within the C ity as a whole.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
Area Map
Z oning Map
Background Material
Site P lan
Site P lan
L andscaping Plan
Presentation
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION APPROVING AMENDING A CONDITIONAL USE PERMIT
FOR A SECOND CAR WASH STALL AT HOLIDAY STATIONSTORE #0316
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 car washes as regulated in Section 155.203 of the
city code may be allowed within the confines of a “I-1” (Limited Industrial) zoning district and in
accordance with specific performance standards, as a conditional use; and
WHEREAS, approval of a Conditional Use Permit amendment for a second car wash bay has
been requested by Holiday Stationstores, on behalf of Lyndale Terminal, LLC, property owner ; and
WHEREAS, review of such Conditional Use Permit request to determine its conformance
with the applicable regulations and performance standards has occurred at a public hearing held on
July 18, 2018; and
WHEREAS, the Apple Valley Planning Commission recommended approval of such
Conditional Use Permit subject to certain conditions on July 18, 2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that an amendment to Resolution 2000-220 for a Conditional Use
Permit permitting a Car Wash within a “I-1” (Limited Industrial) zone be approved subject to
compliance with all applicable City codes and standards, and the following conditions:
1. The conditional use permit shall apply to property legally described as Lot 1, Block 1,
Holiday Johnny Cake Addition.
2. Such operations shall be conducted in conformance with the site plan dated June 19,
2018, on file at the City offices.
3. Landscaping shall be installed and maintained per the landscape plan dated June 19,
2018, on file at the City offices.
4. One of the Norway Maples proposed on the landscape plan dated June 18, 2018 shall be
replaced with a different hardwood tree species for increased site diversity of tree
species.
5. The conditional use permit may be revoked for cause if the terms of (2) through (4) are
not adhered to.
2
ADOPTED this 9th day of August, 2018.
_________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true
and correct copy of a resolution adopted by the City Council on August 9, 2018, the original of
which is in my possession, dated this _____day of ______________________, 20___ .
____________________________________
Pamela J. Gackstetter, City Clerk
Holiday Stationstore 316
µ
LOCATION MAP ^
150TH ST W
149TH ST W
JOHNNY CAKE RIDGE RD150TH ST W
Additional Car Wash Bay Location
Holiday Stationstore 316
µ
ZON ING MAP ^
150TH ST W
149TH ST W
JOHNNY CAKE RIDGE RD150T H ST W
P
I-1
Holiday Stationstore # 316 CUP Amendment
PROJECT REVIEW
Existing Conditions
Property Location: 5980 149th St. W.
Legal Description: Lot 1, Block 1, Holiday Johnny Cake Addition
Comprehensive Plan
Designation
I – “Industrial”
Zoning Classification I-1 “Limited Industrial”
Existing Platting Platted
Current Land Use Motor Fuel Station, Truck Stop
Size: 1.9 acres
Topography: Flat
Existing Vegetation Shrubs, grass
Other Significant
Natural Features
N/A
Adjacent
Properties/Land Uses
NORTH Commercial
Comprehensive Plan I – “Industrial”
Zoning/Land Use I-1 “Limited Industrial”
SOUTH Commercial
Comprehensive Plan MBC “ Mixed Business Campus”
Zoning/Land Use SG “Sand and Gravel”
EAST Commercial
Comprehensive Plan I – “Industrial”
Zoning/Land Use I-1 “Limited Industrial”
WEST Commercial
Comprehensive Plan I – “Industrial”
Zoning/Land Use I-2 “ General Industrial”
2
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BITUMINOUS
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BITUMINOUS PAVING6" CONC.
6" CONC.
6" CONC.
6" CONC.
NEW C+G NEW C+GNEW C+GNEW C+GNEW C+GNEW C+GNEW C+GNEW C+G
NEW C+GNEW C+GNEW C+GNEW C+GBITUMINOUS PAVING
4" CONC. WALK
NEW C+G
5'-
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"
PROPOSED CONDITIONS:
TOTAL DISTURBED AREA = 7,830 SF = 0.18 ACRES < 0.2 ACRES
TOTAL SITE AREA = 89,711 SF
IMPERVIOUS AREA = 68,996 SF
PERVIOUS AREA = 20,715 SF
EXISTING CONDITIONS:
TOTAL SITE AREA = 89,711 SF
IMPERVIOUS AREA = 69,002 SF
PERVIOUS AREA = 20,709 SF
------
XCHECKED BY:
DRAWN BY:
PROJECT NUMBER:
X
MARK:DATE:REVISION / ISSUE:
STATIONSTORE
#0316
APPLE VALLEY, MN
JUNE 19 2018CITY SUBMITTAL
3 0 3 0 H a r b o r L a n e N o r t h , S u i t e 1 3 1
P l y m o u t h , M i n n e s o t a 5 5 4 4 7
7 6 3 . 3 8 3 . 8 4 0 0
f a x 7 6 3 . 3 8 3 . 8 4 4 0
SITE PLANNING LANDSCAPE ARCHITECTURE
Date
Robert J. Mueller
Reg. No. 19306---------
I hereby certify that this plan, specification, or report was
prepared by me or under my direct supervision, and that I am a
duly licensed Landscape Architect under the laws of the State of
Minnesota.
Signed
Insites Site Planning Landscape Architecture Inc. 2017
ALL QUESTIONS RELATED TO BIDDING AND CONSTRUCTION OF
THIS PROJECT SHALL BE DIRECTED TO HOLIDAY COMPANIES
PROJECT MANAGER:
SCOTT ALPAUGH
4567 AMERICAN BLVD. WEST
MINNEAPOLIS, MN 55437-1123
(952) 830-8888 (PHONE)
scott.alpaugh@holidaycompanies.com
SP1.1
SITE KEYNOTE
PLAN
NORTH
SCALE: 1" = 10'
10 05 10 20
Know what's below.
before you dig.Call
R
SITE PLAN NOTES
FOR LANDSCAPE / GREEN AREA. REFER TO SHEET L1 FOR MORE INFORMATION.
BITUMINOUS PAVING. SEE DETAIL 5/SP5.
STANDARD PAVEMENT SECTION (VERIFY W/ GEO TECH RECOMMENDATIONS.)
2" WEAR COURSE
2" BASE COURSE (MIN.)
10" CLASS 5 AGGREGATE BASE
6" DEPTH CONCRETE SLAB ON GRADE WITH 6"x6", 10 GAUGE WELDED WIRE MESH
B6-18 CONCRETE CURB AND GUTTER SEE DETAIL 6/SP5
4" DEPTH CONCRETE WALK
PARKING SPACES. PAINT STALL LINES- 4" WIDE, HIGH VISIBILITY, WHITE SPACES
PROPOSED:
(3) 9'-6" x 18'-0" MIN. GENERAL SPACES
(2) 10'-0" x 18'-0" VACUUM SPACES
(2) 6'-0" x 18'-0" ACCESS AISLE
SITE PLAN KEYNOTES
1.PAVEMENT MARKINGS, STRIPING AND/ OR TEXT. PAINT WITH 4" WIDE, HIGH
VISIBILITY, WHITE, PAINT.
2.16' HT. SITE AREA LIGHT PROVIDED BY CONTRACTOR (TYP). CONCRETE FOOTING
PER DETAIL 1/SP5. SEE SITE ELECTRICAL PLANS FOR LOCATIONS AND FIXTURE
SPECIFICATIONS.
CONCRETE FILLED PIPE BOLLARD.
3.STORM SEWER STRUCTURE
A. TRENCH DRAIN PER DETAIL 2/SP5
4.4"-6" PVC SLEEVE UNDER PAVEMENT AREAS FOR IRRIGATION LINES. VERIFY SIZE
AND LOCATIONS WITH IRRIGATION CONTRACTOR PRIOR TO INSTALLATION.
5.OVERHEAD CAR WASH CLEARANCE BAR PER DETAIL 4/SP5. (BY GENERAL
CONTRACTOR)
6.(2) AUTO VACUUM. INSTALL PER MANUFACTURER'S SPECIFICATIONS. PROTECT
WITH 6" PIPE BOLLARD (4 REQ'D, BOLLARD COVER: BLUE). (TRASH CONTAINER
PROVIDED BY HOLIDAY CO.)
7.CAR WASH CONTROLLER/ KEYPAD
8.'FREE AIR' HOSE BIB WITH SIGNAGE PER OWNER
9.6" DEPTH CONCRETE SLAB W/ HYDRONIC HEAT PER ELECTRONIC PLAN.
1
1 typ.
3 typ.
3
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6
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0
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-
0
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31'
-
3
"
CAR WASH
FFE=982.30
PROPOSED CONDITIONS:
TOTAL DISTURBED AREA = 7,830 SF = 0.18 ACRES < 0.2 ACRES
TOTAL SITE AREA = 89,711 SF
IMPERVIOUS AREA = 68,996 SF
PERVIOUS AREA = 20,715 SF
EXISTING CONDITIONS:
TOTAL SITE AREA = 89,711 SF
IMPERVIOUS AREA = 69,002 SF
PERVIOUS AREA = 20,709 SF
------
XCHECKED BY:
DRAWN BY:
PROJECT NUMBER:
X
MARK:DATE:REVISION / ISSUE:
STATIONSTORE
#0316
APPLE VALLEY, MN
JUNE 19 2018CITY SUBMITTAL
3 0 3 0 H a r b o r L a n e N o r t h , S u i t e 1 3 1
P l y m o u t h , M i n n e s o t a 5 5 4 4 7
7 6 3 . 3 8 3 . 8 4 0 0
f a x 7 6 3 . 3 8 3 . 8 4 4 0
SITE PLANNING LANDSCAPE ARCHITECTURE
Date
Robert J. Mueller
Reg. No. 19306---------
I hereby certify that this plan, specification, or report was
prepared by me or under my direct supervision, and that I am a
duly licensed Landscape Architect under the laws of the State of
Minnesota.
Signed
Insites Site Planning Landscape Architecture Inc. 2017
ALL QUESTIONS RELATED TO BIDDING AND CONSTRUCTION OF
THIS PROJECT SHALL BE DIRECTED TO HOLIDAY COMPANIES
PROJECT MANAGER:
SCOTT ALPAUGH
4567 AMERICAN BLVD. WEST
MINNEAPOLIS, MN 55437-1123
(952) 830-8888 (PHONE)
scott.alpaugh@holidaycompanies.com
SP1
SITE DIMENSION
PLAN
NORTH
SCALE: 1" = 20'
20 010 20 40
Know what's below.
before you dig.Call
R
2109mh982.792164YD982.522165YD982.782213sem980.592236TRANS TWR980.162
2
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TTTTTTTTTTTTTTTTTTTTTTTTTTTTTT------
XCHECKED BY:
DRAWN BY:
PROJECT NUMBER:
X
MARK:DATE:REVISION / ISSUE:
STATIONSTORE
#0316
APPLE VALLEY, MN
JUNE 19 2018CITY SUBMITTAL
3 0 3 0 H a r b o r L a n e N o r t h , S u i t e 1 3 1
P l y m o u t h , M i n n e s o t a 5 5 4 4 7
7 6 3 . 3 8 3 . 8 4 0 0
f a x 7 6 3 . 3 8 3 . 8 4 4 0
SITE PLANNING LANDSCAPE ARCHITECTURE
Date
Robert J. Mueller
Reg. No. 19306---------
I hereby certify that this plan, specification, or report was
prepared by me or under my direct supervision, and that I am a
duly licensed Landscape Architect under the laws of the State of
Minnesota.
Signed
Insites Site Planning Landscape Architecture Inc. 2017
ALL QUESTIONS RELATED TO BIDDING AND CONSTRUCTION OF
THIS PROJECT SHALL BE DIRECTED TO HOLIDAY COMPANIES
PROJECT MANAGER:
SCOTT ALPAUGH
4567 AMERICAN BLVD. WEST
MINNEAPOLIS, MN 55437-1123
(952) 830-8888 (PHONE)
scott.alpaugh@holidaycompanies.com
L1
LANDSCAPE
PLAN
NORTH
SCALE: 1" = 20'
20 010 20 40
Know what's below.
before you dig.Call
R
COMPACT UNDER ROOT BALL
BROKEN BRANCHES
LOOSEN ROOT MASS
FINISH GRADE
1" ABOVE EXISTING GRADE
COMPACTED SUBGRADE
PLANTING SOIL
SET CROWN OF ROOT BALL
REMOVE DEAD AND
4" DEPTH MULCH
REMOVE BURLAP.
AND WIRE BASKET
UNDER ROOT BALL
COMPACTED SUBGRADE
COMPACT SOIL
BROKEN BRANCHES
TREE WRAP -
STAKING & GUYING
FALL PLANTING ONLY
1" ABOVE EXISTING GRADE
SET CROWN OF ROOT BALL
4" DEPTH MULCH
FINISH GRADE
AS NEEDED
DO NOT CUT MAIN LEADER
REMOVE DEAD AND
MAINTAIN NATURAL TREE FORM.
BROKEN BRANCHES,
DO NOT CUT MAIN LEADER,
REMOVE DEAD AND
(NO MULCH AGAINST TRUNK)
NOTES:
- CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS FOR PLANTING IN ALL R.O.W.
- LANDSCAPE CONTRACTOR SHALL VERIFY ALL UTILITIES WHICH MAY EFFECT HIS WORK.
- LANDSCAPE CONTRACTOR SHALL COORDINATE HIS WORK WITH OTHERS AT SITE AND COMPLETE HIS WORK PER OWNERS
CONSTRUCTION SCHEDULE.
- ALL PLANT MATERIALS SHALL BE GUARANTEED ONE (1) FULL YEAR UPON TOTAL COMPLETION AND ACCEPTANCE BY OWNER, WITH
ONE TIME REPLACEMENT AT APPROPRIATE TIME OR UPON REQUEST OF OWNER.
- REPLACEMENT TOPSOIL SHALL BE CLEAN, FREE OF STONES, WEEDS, AND OTHER UNDESIRABLE DEBRIS.
- PLANTING SOIL MIX (INCIDENTAL COST ITEM)
1. MIX 1 LB. 5-20-20 COMMERCIAL FERTILIZER PER CU. YD. TOPSOIL
2. THOROUGHLY MIX 1-PART SAND AND 1-PART PEAT MOSS WITH 5-PARTS FERTILIZER AND TOP SOIL.
- USE PLANTING SOIL AT ALL LOCATIONS PER DETAILS THIS SHEET.
- LANDSCAPE CONTRACTOR SHALL VERIFY TOPSOIL DEPTH AND NOTIFY OWNER OF ANY DEFICIENCY.
- SOD SHALL BE CULTURED WITH PREDOMINATELY KENTUCKY BLUEGRASS SEED OF RECENT DISEASE RESISTANT INTRODUCTIONS.
NO GUARANTEE ON SOD EXCEPT ANY SOD NOT SATISFACTORY AT TIME OF COMPLETION INSPECTION SHALL BE PROMPTLY
REPLACED PRIOR TO COMPLETION OF JOB. STAKE SOD ON SLOPES 3:1 AND GREATER.
- WHERE EXISTING CONCRETE/ ASPHALT AREAS ARE TO BE REPLACED WITH LANDSCAPING, PROVISIONS SHOULD BE TAKEN TO
COORDINATE EXCAVATION OF SUBSOIL TO A DEPTH OF 2' WITH GRADING CONTRACTOR. REPLACE WITH COMPACTED TOPSOIL.
ALL AREAS TO BE LANDSCAPED AND SODDED SHALL BE GRADED SMOOTH AND EVEN.
- LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR SODDING ALL AREAS WHICH ARE DISTURBED BY CONSTRUCTION INCLUDING
ALL R.O.W. AND ADJACENT PROPERTIES.
- LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR PROVIDING BLANKET ON ALL SEEDED AREAS THAT ARE SLOPED. MULCH
APPLICATION FOR ALL OTHER SEEDED AREAS SHALL BE EITHER HYDROMULCH OR DISKED STRAW DEPENDING ON SEED TYPE,
APPLICATION, AND OWNER REQUEST.
- LANDSCAPE CONTRACTOR TO INSTALL 'VALLEY VIEW', "BLACK DIAMOND" EDGING AROUND ALL PLANTING BEDS AS SHOWN ON
THIS PLAN.
- ALL MULCH TO BE FINELY SHREDDED HARDWOOD ORGANIC BARK MULCH. NO DYED MULCHES. INSTALL 4" DEPTH. NO FILTER
FABRIC BENEATH ORGANIC MULCHES. NO EDGING AROUND ALL TREES OUTSIDE SHRUB BEDS.
- IF SPECIFIED; ALL GRAVEL MULCH SHALL BE 1"+ DIA. WASHED "RIVER ROCK". INSTALL 4" DEPTH WITH APPROVED WEED FABRIC
BARRIER IF INDICATED PLAN.
- LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR IRRIGATION SYSTEM INSTALLATION PER SHEET I1. DESIGN SHALL BE
APPROVED BY OWNER PRIOR TO INSTALLATION. IRRIGATION DESIGN SHOULD ENCOMPASS ALL LANDSCAPE AREAS WITH SOD
AND/ OR PLANTINGS, FROM CURB TO CURB. R.O.W. SHOULD BE IRRIGATED FROM SPRINKLER HEADS LOCATED WITHIN PROPERTY
BOUNDARY. CARE SHOULD BE TAKEN IN VICINITY OF ALL WALKS AND DRIVES TO MINIMIZE OVER SPRAY. COORDINATE
INSTALLATION OF ALL PVC SLEEVE UNDER DRIVE AREAS WITH GENERAL CONTRACTOR.
- LANDSCAPE CONTRACTOR SHALL CLEAN ALL PAVEMENT AREAS AFTER ALL LANDSCAPE INSTALLATION IS COMPLETE AND
ACCEPTED BY OWNER AND DAILY AS DEEMED NECESSARY BY THE CITY.
- GENERAL CONTRACTOR TO SWEEP PAVEMENT AREAS PRIOR TO TURN OVER TO OWNER.
COMMON NAME
BOTANICAL NAMESIZEQUANTITY
PLANT MATERIAL
TYPE
ROOT
HEIGHT'
X
WIDTH'
3 Juniperus chinensis 'var. sargentii Viridis'
GREEN SARGENT JUNIPERpotSJ 20'' x 8'
SHRUBS
GRASSES
pot37KF 4' x 30"Calamagrotis x acutiflora 'Karl Forester'
KARL FORESTER FEATHER REED GRASS
PERENNIALS
pot24SO Hemerocallis 'Stella de Oro'
STELLA DE ORO DAYLILY 2' x 3'
#3 CONT
#1 CONT
#1 CONT
EDGING - N/A
SOD - 248 SY
MULCH - 9 CY
8KF
17SO
10KF
3 SJ
8 KF
11 KF
7 SO
4" MULCH
4" MULCH
4" MULCH
SOD REPAIR LIMIT
SOD
SOD REPAIR LIMIT
B&B2.5" CAL.Acer rubrum 'Northwood'
NORTHWOOD MAPLENM2 50' x 35'
TREES
2NM
EDGING
8/9/2018
1
Holiday Station Store
Car Wash CUP
Amendment
Requested Actions
•Adopt resolution approving Conditional Use Permit
amendment for second car wash at Holiday Stationstore
#0316, at 5980 147th Street W subject to the following
conditions:
1.The conditional use permit shall apply to property legally
described as Lot 1, Block 1, Holiday Johnny Cake Addition.
2.Such operations shall be conducted in conformance with the
site plan dated June 19, 2018, on file at the City offices.
8/9/2018
2
Conditions Continued
2.Landscaping shall be installed and maintained per the
landscape plan dated June 19, 2018, on file at the City offices.
3.One of the Norway Maples proposed on the landscape plan
date June 18, 2018 shall be of another hardwood tree species
for increased site diversity of tree species.
4.The conditional use permit may be revoked for cause if the
terms of (2) through (4) are not adhered to.
Site Location
8/9/2018
3
Site Details
Approximate location of
car was expansion
Site Plan
8/9/2018
4
Landscape Plan
Requested Actions
•Adopt resolution approving Conditional Use Permit
amendment for second car wash at Holiday Stationstore
#0316, at 5980 147th Street W subject to the following
conditions:
1.The conditional use permit shall apply to property legally
described as Lot 1, Block 1, Holiday Johnny Cake Addition.
2.Such operations shall be conducted in conformance with the
site plan dated June 19, 2018, on file at the City offices.
8/9/2018
5
Conditions Continued
2.Landscaping shall be installed and maintained per the
landscape plan dated June 19, 2018, on file at the City offices.
3.One of the Norway Maples proposed on the landscape plan
date June 18, 2018 shall be of another hardwood tree species
for increased site diversity of tree species.
4.The conditional use permit may be revoked for cause if the
terms of (2) through (4) are not adhered to.
Questions?
I T E M: 5.E.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Regular A genda
Description:
Ryan Real E state Redevelopment, 14750 Cedar Avenue
S taff Contact:
K athy Bodmer, A I C P, Planner
Department / Division:
Community Development Department
Applicant:
L aunch Properties and C J Ryan, L L C
P roject Number:
P C18-13-Z C B
Applicant Date: 5/15/2018 60 Days: 7/13/2018 120 Days: 9/11/2018
AC T I O N RE Q UE S T E D:
1. Pass ordinance rezoning subject lot to Zone 5 and establishing P D-290, Zone 5 setback
and area standards (recommend waive second reading).
2. Adopt resolution approving Planned Development Agreement, subject to final approval
by City Administrator and C ity Attorney.
3. Adopt resolution approving C onditional Use Permit for drive-thru service in connection
with a C lass III Restaurant.
4. Adopt resolution approving site plan review/building permit authorization for 11,000 sq.
ft. multiple tenant building.
S UM M ARY:
Launch Properties and C J Ryan, LLC , request consideration of an application for the
redevelopment of the Ryan Real Estate property at 14750 C edar Ave (Lot 1, Block 2 Apple
Valley C ommercial Addition) on the southeast corner of C edar Ave and 147th Street W. T he
proposed development would include the demolition of the existing multiple-tenant office
building and construction of an 11,000 sq. ft. multiple tenant building with two small
restaurants, a coffee shop with a single drive-thru lane and a dental office.
B AC K G RO UND:
T he proposed 11,000 sq. ft. multiple tenant retail building is proposed to have the following
tenants:
3,600 sq. ft. Class I C asual Restaurant
2,200 sq. ft. Class III Restaurant,
2,100sq. ft. Class III coffee shop with drive-thru window service
3,000 sq. ft. dental office
T he new building is proposed to be oriented in a north-south alignment parallel with C edar
Ave with the front of the building facing east. T he number of seats in the restaurants will be
somewhat limited by the number of parking spaces available on the site. At this time, 93
parking spaces are required based on the number of indoor seats indicated; 94 parking spaces
are provided. T he drive-thru lane will circulate in a counterclockwise direction around the
north and west sides of the building. T he drive-thru window will be located on the south side
of the building. Two patio areas are shown for outdoor dining. T he petitioner has made a
concerted effort to ensure all four sides of the building are equally attractive, especially the
west elevation visible from Cedar Ave.
During review of the development by the Planning Commission, the petitioners modified their
plans to address the following issues:
1. T he drive-thru lane was expanded to 18' wide which will allow for a narrow, but
functional, bypass lane.
2. T he parking lot setbacks from 147th Street and Glazier Ave were increased to provide a
minimum of 10' to meet the PD zoning requirements.
3. T he dumpster enclosure was moved west to ensure garbage collection would not block
the only exit from the site.
Zoning: T he northeast quadrant of the C ounty Road 42 and C edar Avenue intersection is
zoned Planned D evelopment N o. 290 (P D-290) which provides for an integrated mix of
limited business and certain retail uses that support limited business uses. T he draft
ordinance proposes to rezone the property from Zone 1 to Zone 5 which would contain many
of the same limited business uses as Zone 1. Zone 5 is based on Zone 4 which currently
allows C lass III Restaurants and drive-thru in connection with a C lass III Restaurant by
conditional use permit. Zone 5 will be set up to not allow the retail uses currently allowed in
Zone 4 to ensure the limited business uses are retained but to allow for the addition of the
Class III restaurants and drive-thru. T his zoning will not impact neighboring properties
currently located in Zone 1.
Street and I ntersection I mpacts: A preliminary traffic study was done which analyzed
potential traffic impacts resulting from the redevelopment of the site. During peak periods,
backups occur when vehicles are waiting at the intersection of C edar Avenue and 147th
Street which prevents vehicles from being able to turn west from northbound Glazier Ave.
Backups occur when the 147th Street queue extends past Glazier Ave to the south, making it
very difficult to turn west on 147th Street. T he traffic study finds that the new development
will generate additional traffic in the area. Regional road improvements will be needed for
the intersections of C edar Ave and 147th Street and 147th Street and Glazier Ave north
extension and south extension. T he C ity Council authorized the City Engineer to begin a
Preliminary Engineering Study to address regional road improvements in this area at its J une
14, 2018, meeting.
P lanning Commission Action: A t its meeting of J une 20, 2018, the Apple Valley Planning
Commission voted unanimously to recommend approval of the three requested land use
actions. T he attached draft resolutions incorporate the conditions recommended by the
Commission.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Background Material
Ordinance
Resolution
Agreement
Resolution
Resolution
Map
Plan S et
Correspondence
Memo
Memo
Presentation
Ryan Real Estate Redevelopment
PROJECT REVIEW
Existing
Conditions
Property Location: 14750 Cedar Ave
Legal Description: Lot 1 Block 2, APPLE VALLEY COMMERCIAL ADD, SUBJ TO PAR 5 DAKOTA CO
R/W MAP 180 & SUBJ TO PARCEL 114 DAKOTA CO R/W MAP 324
Comprehensive Plan
Designation
C-Commercial
Zoning
Classification
PD-290, Zone 1
Existing Platting Platted lot of record subject to Dakota County Right-of-way Acquisitions
Current Land Use Multiple-tenant office building
Size: 2.0 acres
Topography: Flat
Existing Vegetation Urban landscape.
Other Significant
Natural Features
N/A
NORTH Across 147th Street – Applebee’s Restaurant
Comprehensive Plan C-Commercial
Zoning/Land Use PD-290, Zone 4 (Neighborhood-oriented retail)
SOUTH Metro Dental/Merchant’s Bank
Comprehensive Plan C-Commercial
Zoning/Land Use PD-290, Zone 1
EAST Across Glazier Ave – Wings Federal Credit Union
Comprehensive Plan C-Commercial
Zoning/Land Use PD-290, Zone 3
WEST Across Cedar Ave – Bank of America
Comprehensive Plan C-Commercial
Zoning/Land Use RB-Retail Business
Development
Project Review
Comprehensive Plan: The Comprehensive Plan guides the development of the site for “C”
(Commercial) uses. The vision for northeast quadrant of Cedar Avenue and County Road 42 has
historically been professional office uses with very limited retail uses to support the office uses.
A multiple tenant building with restaurants and a dental clinic is consistent with the C
designation.
Zoning: The property is zoned PD-290, Zone 1, which allows limited business uses including
professional offices, banks, civic centers, clinics for human care, nursing homes and limited
retail. A Class I (full service) restaurant is a permitted use in Zone 1. The property owners wish
to amend the PD zoning to add Class III Neighborhood restaurants as a permitted use and add a
drive-thru in connection with a Class III restaurant as a conditional use. They also request the
following reduced parking setbacks:
Setback Type Street (Street Type) Min. Setback
Req’d
Proposed
Setback
Notes
Parking Setback Cedar Ave
20’
8’
For drive-thru lane. Due to
corner monument easements.
Parking Setback 147th St 20’ 10’ Drive-thru lane
Parking Setback Glazier Ave 20’ 10’
Preliminary Plat: The property is currently platted. No platting of the property is proposed in
connection with this project.
Site Plan: The existing access on the northwest corner of the site abutting 147th Street will be
closed. On Glazier Ave, two access points are proposed: a right-in only access and a full access
to the south. The 11,000 sq. ft. building is proposed to be situated in a north-south alignment
parallel with Cedar Avenue. The drive-thru lane is proposed to wrap around the north and west
sides of the building in a counter clockwise direction with the service window on the south side
of the building. A bypass is shown on the southern end of the drive thru lane. A total of 94
parking spaces are provided on the site; with 183 restaurant seats and 3,000 sq. ft. dentist, a total
of 93 parking spaces is required, meeting the parking requirement.
The garbage enclosure is shown along the south line of the parking lot, out of view from Cedar
Ave and 147th Street W.
Grading Plan: The grading plan was reviewed by the City Engineer and his memo is attached
to the staff report. The site is proposed to be scraped, but no significant changes to the site
elevations are proposed. The final grading plan is subject to review and approval of the City
Engineer at the time of issuance of the building permit. The developer plans to save the elm trees
planted along Cedar Avenue. Tree protective fencing should be added to the grading plan and
demolition plan.
Elevation Drawings: The exterior building materials are proposed to be burnished block, face
brick, cementitious panels, and engineered wood siding.
The west elevation of the building will be the “rear” of the building and will face Cedar Ave.
The building is designed so that the four sides of a building have equally attractive elevations. An
approximately four foot “gabion wall” is shown to block the view of the meters and electrical
equipment on the building from Cedar Avenue. A gabion wall is a cage-type landscape structure
filled with rock material to give a natural rock wall appearance. This type of wall is an
alternative to a mortared brick or stone wall.
Landscape Plan: The value of the landscape planting must meet or exceed 2-1/2% of the value
of the construction of the building based on Means Construction Data. A nursery bid list will be
required at the time of application of the building permit that confirms that the value of the
landscape plantings meet or exceed the 2-1/2% requirement. Hardscape, such as edging and
rock, and sod do not count towards the landscape budget.
Availability of Municipal Utilities: Utilities are available at the site. No extension of utilities is
needed to serve this development; only connections to existing service lines will be needed.
Domestic and fire water service lines will be required to be split outside the building.
Street Classifications/Accesses/Circulation:
• Cedar Avenue (Principal Arterial Street) – 90’ half right-of-way with additional right-of-
way easements obtained for community entry monuments at Cedar and 147th Street. No
access permitted or proposed.
• 147th Street West (Minor Community Collector) – 40’ half right-of-way. The existing
drive access onto 147th Street will be closed in connection with this development.
• Glazier Avenue (Local) – 30’ half right-of-way.
Traffic Study: A traffic study was conducted that analyzed the new development with the
new proposed uses. Traffic demand is lower than the previous plans reviewed last year.
However, traffic levels are expected to impact adjacent intersections. Brandon Anderson
reviewed the traffic study in more detail and provided comments in his memo.
Pedestrian Access: A pedestrian connection is provided through the site from the front of the
building (east side) and continues east out to Glazier Ave. An extension of a landscape island is
provided for a pedestrian refuge in the center of the site. Sidewalk connections are also shown
from the north and south sides of the building to Cedar Ave.
Public Safety Issues: None identified.
Recreation Issues: None identified.
Signs: No sign approvals are given at this time. No signs may be installed prior to the issuance
of a permit. A separate sign permit must be obtained prior to the installation of any signs on the
site or the building. The preliminary sign plans show the use of a pre-order board. No pre-order
boards are permitted. With two drive-thru lanes, two menu boards are allowed.
Public Hearing Comments: No comments were received from the public at the public hearing
held on June 6, 2018.
CITY OF APPLE VALLEY
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY AMENDING
CHAPTER 155--APPENDIX F ARTICLE 2, OF THE CITY CODE
REGULATING PLANNED DEVELOPMENT 290
The City Council of Apple Valley Ordains:
Section 1. The City of Apple Valley official zoning map is amended to re-designate
the zoning for the following property from Planned Development Designation No. 290, Zone
1 to Planned Development Designation No. 290, Zone 5:
Lot 1 Block 2, APPLE VALLEY COMMERCIAL ADDITION
Section 2. Apple Valley City Code, Chapter 155, Appendix F, Article 2, is amended
by adding Section A2-2 (E) to read as follows:
§ A2-2 PERMITTED USES.
* * * *
(E) Zone 5: 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) Any permitted use specified for Zone 4, except retail business uses.
Notwithstanding retail business uses are not permitted, accessory and ancillary retail sales of
any service or any product, goods or material produced at or related to the principle use on
site is a permitted use, provided retail sales are subordinate to the principle use; the gross
floor area used for the retail sales is not more than 15 percent of the total gross floor area of
the principle use; and the retail sales are owned and operated solely by the principle
user/occupant of the subject site.
Section 3. Apple Valley City Code, Chapter 155, Appendix F, Article 2, is amended
by adding Section A2-3 (D) to read as follows:
§ A2-3 CONDITIONAL USES.
* * * *
(D) Zone 5: Within this zone, no structure or land shall be used for the following use
or uses deemed similar by the City Council except through the granting of a conditional use
permit:
(1) Any conditional use specified for Zone 4.
Section 3. Apple Valley City Code, Chapter 155, Appendix F, Article 2, is amended
by revising Section A2-4 to read as follows
2
§ A2-4 PERMITTED ACCESSORY USES.
Zones 1, 2, 3, 4 and 5. Within these zones, the following uses or uses deemed similar
by the City Council shall be permitted accessory uses:
* * * *
Section 4. Apple Valley City Code, Chapter 155, Appendix F, Article 2, is amended
by revising Section A2-5 (A)(1) to read as follows:
§ A2-5. MINIMUM BUSINESS AREA STANDARDS AND REQUIREMENTS.
(A) The following standards and requirements shall be met. No improvements
shall be placed on such lands unless the lands to be so used or improved shall meet the
following minimum area and dimensional requirements:
(1) Table of minimum area requirements and standards.
MINIMUM BUSINESS AREA STANDARDS AND REQUIREMENTS FOR
DESIGNATION NO. 290
Zone 2
Zone 1 "1" Uses All Other
Uses Zone 3 Zone 4 Zone 5
Minimum Lot Dimensions
Lot area (square feet) 10,000 10,000 130,000 10,000 10,000 10,000
Lot width (feet) 100 100 150 100 100 100
Minimum Building Setbacks
Along principal or minor arterial
streets (feet) 40 40 60 40 40 20
Along all other streets (feet) 30 30 60 30 30 20
Side lot line (feet) 10 10 10 10 10 10
Rear lot line (feet) 20 20 20 10 20 20
Abutting R district (feet) 20 -- -- -- 20 --
Minimum Parking Setbacks
Along principal or minor arterial
streets (feet) 20 1 20 15 20 5 5
Along all other streets (feet) 20 20 15 20 10 10
Side or rear lot line (feet) 5 5 5 5 5 5
Abutting R district (feet) 10 -- -- -- 10 --
Maximum Building Coverage
3
Coverage of lot (percentage) 20 20 30 20 20 20
Maximum Building Height
Maximum height (feet) 30 30 45 30 30 35
If all minimum setbacks are
increased by ten feet (feet) 45 45 -- -- -- 45
If minimum setbacks are
increased 1½ feet for every one
foot over 30 feet and a minimum
building separation of one-half
times the combined height of
adjacent building faces is
maintained (feet)
-- -- -- 100 -- --
Minimum Retail Floor Area
Initial building (square feet) -- -- 20,000 -- -- --
Dwelling Unit Density/
One or two story -- -- 3,960*
(11)** -- -- --
Three or four story -- -- 2,720*
(16)** -- -- --
Sign Setbacks
Along principal or minor arterial
streets (feet) *** *** *** *** 5 ***
NOTES TO TABLE
* Square feet on land per unit.
** Units per acre.
*** As required in Chapter 154 of the City Code, Sign Regulations
1 The parking lot setback may be reduced to ten feet when the one-half right-of-way
dedication of the principal or minor arterial street is a minimum of 90 feet.
Section 5. Summary approved. The City Council hereby determines that the text of
the summary marked "Official Summary of Ordinance No. ____, a copy of which is attached
hereto, clearly informs the public of the intent and effect of the ordinance. The City Council
further determines that publication of the title and such summary will clearly inform the public
of the intent and effect of the ordinance.
Section 6. Filing. The City Clerk shall file a copy of this ordinance in her office,
which copy shall be available for inspection by any person during regular office hours.
Section 7. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the
ordinance is available for inspection by any person during regular office hours at the office of
the City Clerk.
4
Section 8. Effective date. This ordinance shall take effect upon its passage and
publication of its title and official summary.
5
PASSED by the City Council this ___th day of _______, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY AMENDING
CHAPTER 155--APPENDIX F ARTICLE 2, OF THE CITY CODE
REGULATING PLANNED DEVELOPMENT 290
The following is the official summary of Ordinance No. ____ approved by the City
Council of Apple Valley on _________ ___, 2018.
Lot 1 Block 2, APPLE VALLEY COMMERCIAL ADDITION, addressed as 14750
Cedar Avenue, is re-designated from Zone 1 to Zone 5 of Planned Development
Designation No. 290. Apple Valley City Code, Chapter 155 Appendix F, Article 2
governing Planned Development Designation No. 290 is amended by adding setbacks and
area requirements for Zone 5 in the table Minimum Business Area Standards and
Requirements for Designation No. 290.
A printed copy of the ordinance is available for inspection by any person during regular
office hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 - 147th
Street West, Apple Valley, Minnesota 55124.
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 - ___
PLANNED DEVELOPMENT AGREEMENT APPROVAL
RYAN REAL ESTATE REDEVELOPMENT
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has
adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses
throughout the City; and
WHEREAS, pursuant to Chapters 153 and 155 of the City Code, the City Planning
Commission held a public hearing on an application for zoning amendments to Planned
Development No. 290, Zone 1, on June 6, 2018; and
WHEREAS, the City Planning Commission recommended its approval of the zoning
amendments on June 20, 2018; and
WHEREAS, the City Council approved the zoning amendments to Planned Development
No. 209, Zone 1 on _______ __, 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. 209 for the Ryan Real Estate redevelopment 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:
Lot 1, Block 2 APPLE VALLEY COMMERCIAL ADDITION
ADOPTED this _____th day of ________, 2018.
____________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
As Apple Valley City Clerk, I hereby certify that the forgoing is a true and correct copy
of a resolution adopted by the City Council on ______ ____, 201___, and is hereby released for
recording with the Dakota County Recorder this _____day of __________________, _____.
________________________________________
Pamela J. Gackstetter, City Clerk
PLANNED DEVELOPMENT AGREEMENT
LOT 1, BLOCK 2, APPLE VALLEY COMMERCIAL ADDITION
This Planned Development Agreement (“Agreement”) is made by and between the City of Apple
Valley, a Minnesota municipal corporation, (hereinafter the “City”) and C.J. Ryan, LLC, a
Minnesota limited liability limited company (hereinafter the “Owner”).
WHEREAS, the Owner is the fee title holder of real property in Dakota County,
Minnesota, legally described as follows:
Lot 1, Block 2, Apple Valley Commercial Addition (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 Ordinance Designation No. 290, Zone 5; and
WHEREAS, the parties hereby acknowledge that this Agreement, the attached exhibits
(Exhibits “A – E”) 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. ___ and the following
Exhibits attached hereto and incorporated herein:
Exhibit “A” Ordinance No._____, designating the Property as Planned Development
Designation No. 290, Zone 5.
Exhibit “B” Conditions of a Conditional Use Permit as set forth in the City Resolution
No. 2018-_____.
Exhibit “C” Conditions of Building Permit Authorization as set forth in City
Resolution No. 2018-___.
2
The Owner further agrees that its development and use of the Property shall comply with all
plans and specifications submitted by the Owner and approved by the City (the “Plans”), which
are incorporated herein by reference. All of the Plans are available for inspection in full-size
format at the Apple Valley Municipal Center. Minor deviations from the Plans may be accepted
by the City provided that the Community Development Director makes a written determination
that the revisions are in general conformance with the Plans.
3. Subject to the provisions hereunder, Launch Properties LLC, a Minnesota limited
liability, (the “Developer”) shall grade the Property and install improvements within the
Property, in accordance with and under the following conditions:
A. To complete all improvements in conformance with the plans and specifications
submitted by the Developer and approved by the City, which shall become part of this
Development Agreement upon approval by the City, including removal of the 147th Street
West driveway and establishment of a curb and temporary sidewalk surface, save and
except for the ring route sidewalk improvements described in Paragraph 6 herein.
B. To install all utilities underground in the Property in accordance with the utility
plans approved by the City, 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 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.
D. To grade the Property in accordance with the grading and erosion control plans
approved by the City. The Developer shall also submit a copy of the General Storm
Water Permit approval from the Minnesota Pollution Control Agency pursuant to
Minnesota Rules 7100.1000 - 7100.1100 regarding the State NPDES Permit prior to
commencement of grading activity.
E. To install a protective box and cover over each sewer cleanout and water shutoff,
in accordance with plans approved by the City.
F. To comply with all requirements of the Natural Resources management
regulations as set forth in Chapter 152 of the Apple Valley City Code prior to, during and
after the development of the Property. The Developer further agrees to submit to the City
for its approval, a Natural Resources Management Plan prior to any construction or land-
disturbing activity on the Property. The Developer shall implement and comply with all
terms and conditions of the approved Plan prior to and during any construction or land-
disturbing activity, including, but not limited to, maintaining the performance security
required in Chapter 152 of the Apple Valley City Code.
3
G. To install erosion control measures in accordance with the Natural Resources
Management Plan approved by the City. The Developer shall pay the City a fee as
required by Section 152.15 of the City Code and calculated by the City to offset the cost
of inspections to ensure compliance with the Plan. Payment shall be made at or prior to
the issuance of a Natural Resources Management Permit and building permit(s).
H. 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 Property, at the Developer’s sole cost and expense.
I. The Developer shall comply with the landscape plans approved by the City
(including sodded/seeded public boulevard area up to each street curb line); subject to (i)
submission of a detailed landscape planting price list for verification of the City’s 2-1/2%
landscaping requirement at the time of building permit application, and (ii) all plantings
counted toward satisfaction of the City’s 2-1/2% landscaping requirement shall be
located outside of the City’s right-of-way. Landscape materials may include plant
materials, underground irrigation systems, public art, fountains, decorative paving, and
other outdoor common area elements that create an enhanced sense of place and foster
positive social interactions.
J. The Developer shall submit a site lighting plan to the City for its approval, at the
time of building permit application. Any site lighting shall consist of downcast, shoebox
lighting fixtures or wall packs with deflector shields which confine the light to the
property. The lighting plan shall be reviewed and approved by the City Planner prior to
issuance of the building permit.
K. 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.
L. 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, prior to the work
being performed.
O. 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 on the Property 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. The Developer agrees to hold the
City harmless from any damages, causes of action, or claims related to the construction
being stopped by the City.
4. To deliver and to keep in existence with the City letters of credit or cash escrows
in the aggregate amount of One Hundred Seventeen Thousand One Hundred Twenty Five and
No/100 Dollars ($117,125.00) before the issuance of any permits by the City, to secure the
4
performance and payment of the obligations under this Agreement to the satisfaction of the City.
Each 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 and draw in cash
the remaining principal obligation under the letter of credit.
5. No occupancy of any building on the Property shall occur until water, sanitary
sewer, and a paved surface are available for use to that building.
6. Per the plans and specifications, the existing driveway on 147th Street shall be
closed and the boulevard shall be restored in accordance with the City ring route sidewalk
design. However, in light of the future 2019-106, 147th Street West and Glazier Avenue
Intersection Project (the “147th Street Project”), the Owner shall pay to the City, before the
issuance of any permits by the City, cash in the sum of Thirty Thousand and no/100 Dollars
($30,000.00) in lieu of making the ring route sidewalk improvements. The City will make the
ring route sidewalk improvements.
7. As a condition of the Conditional Use Permit as set forth in the City Resolution
No. 2018-_____., the Owner shall convey an easement (the “Easement”) to the City, in the form
attached hereto as Exhibit “E” and incorporated herein which Easement shall be recorded by
Developer prior to issuance of a building permit on the Property. In consideration of the
conveyance of the Easement to the City, the City agrees it shall not specially assess the Property
for the cost of any improvements directly related to the 147th Street Project.
8. After execution of this Agreement, Owner intends to convey to the Developer and
assign all of Owner’s rights, title, interests, obligations, and liabilities in and to the Property and
this Agreement. Upon evidence, to the City’s satisfaction, of such conveyance of title and all
interest in the Property and the assignment and assumption of this Agreement, the Owner shall
be relieved of any and all obligations under this Agreement first arising from and after the date
of the assignment.
9. Notices, demands or other communications under this Agreement by either party
to the other shall be sufficient and deemed delivered if dispatched by registered or certified mail,
postage prepaid, and addressed to the party and its attorney(s) at the addresses listed below.
Either party may designate another address or attorney(s) for receipt of notice under this
paragraph by designating such change in writing, and forwarding such writing to the other party
as provided in this paragraph.
Notices to the City shall be mailed to:
City of Apple Valley
7100 147th Street West
Apple Valley, M N 55124
Attn: City Administrator
Notices to the Owner shall be mailed to:
C.J. Ryan, LLC
14750 Cedar Avenue S., Suite 100
Apple Valley, MN 55124
Attn: Paula Vollertsen
10. 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
5
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.
11. This Agreement shall be binding upon and inure to the benefit of the parties and
their respective successors and assigns.
12. This Agreement shall run with the Property and shall be recorded in the Office of
the Dakota County Recorder or Registrar of Titles.
13. This Agreement shall be governed by and construed under the laws of the State of
Minnesota.
14. 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.]
6
PLANNED DEVELOPMENT AGREEMENT
Signature Page for the City
City of Apple Valley,
a Minnesota municipal corporation
________________________________
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 the
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 the municipality by authority of its City Council, and the Mayor and
Clerk acknowledged the instrument to be the free act and deed of the municipality.
_____________________________
Notary Public
7
PLANNED DEVELOPMENT AGREEMENT
Signature Page for the Owner
C.J. Ryan, LLC,
a Minnesota limited liability limited company
________________________________
By: _____________________________
Its: __________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________ )
On this ____ day of _____________, 2018, before me a Notary Public within and for the
County, personally appeared ______________ to me personally known, who being b y me duly
sworn, did say that he or she is the ______________ of C.J. Ryan, LLC, a Minnesota limited
liability company, on behalf 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/PV: 0066-40204
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CITY OF APPLE VALLEY
RESOLUTION NO. 2018 - ___
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR DRIVE-THRU WINDOW SERVICE USE IN
PLANNED DEVELOPMENT NO. 290, ZONE 5
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley, Dakota
County, Minnesota, (the “City”) has adopted, as Title XV of the City Code of Ordinances
(“Code”), zoning regulations to control land uses throughout the City; and
WHEREAS, said regulations provide that a drive-thru window service use may be allowed
within the confines of Planned Development No. 290 (PD-290), Zone 5 in connection with a Class
III Restaurant and in accordance with specific performance standards, as a conditional use; and
WHEREAS, approval of a Conditional Use Permit (“CUP”) for the Ryan Redevelopment
Project for a drive-thru window in connection with a Class III Restaurant has been requested by the
developer of the project, Launch Properties LLC, and the property owner, C. J. Ryan LLC; and
WHEREAS, review of such CUP request to determine its conformance with the applicable
regulations and performance standards has occurred at a public hearing held on June 6, 2018; and
WHEREAS, the Apple Valley Planning Commission recommended approval of such CUP
subject to certain conditions on June 20, 2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City, that a CUP for
a single lane drive-thru window service within PD-290, Zone 5 be approved subject to compliance
with the City Code and the following conditions:
1. The CUP shall apply to property legally described as Lot 1, Block 2, Apple
Valley Commercial Addition (the “Property”).
2. Approval of the CUP is subject to amendments to PD-290 to rezone the
Property from Zone 1 to Zone 5 and to establish a drive-thru in connection
with a Class III restaurant as a conditional use in Zone 5 and execution of a
Planned Development Agreement.
3. If the use allowed by the CUP is not completed or utilized within one (1)
year of the date of approval, the permit shall become null and void.
4. Such operation of the drive-thru window service shall be conducted in
conformance with the site plan dated June 12, 2018, on file at the City
Offices, subject to the following conditions:
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a. The drive-thru lane shall be designed with bump outs or other
treatments to minimize the conflicts between the drive-thru lane and
delivery vehicles.
b. The existing driveway on 147th Street shall be closed and boulevard
restored in accordance with the City ring route streetscape design. A
streetscape plan shall be submitted for the completion of public
sidewalk, fence and street lights along 147th Street. An escrow or
payment may be required in place of improvements in light of the
future 147th Street improvement project in an amount to be
calculated by the City Engineer.
c. Street improvements including turn lane striping shall be performed
in accordance with the approved site plan as recommended by the
Traffic Study for the interim time period until construction of the
public improvement project on 147th Street. All lane striping is
subject to final review and approval by the City Engineer.
d. The final design of the drive-thru lane shall be subject to review and
approval by the City Engineer.
5. The property owner shall grant and convey unto the City the permanent right-
of way, drainage and utility easement (the “Easement”) in the form and text
of Exhibit “A,” necessary to accommodate the improvements at the
intersection of 147th Street and Glazier Avenue.
6. Such operations of the drive-thru window service shall be conducted in
accordance with the standards established in Chapter 155, Appendix F,
Article 2, A2-3(C)(2).
7. The CUP may be revoked for cause if the owner/user fails to comply with the
conditions contained in the permit.
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ADOPTED this ____th day of _____, 2018.
_________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true
and correct copy of a resolution adopted by the City Council on _____ ___, 2018, the original of
which is in my possession, dated this _____day of ______________________, 2018.
____________________________________
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 20__-__
A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT
FOR RYAN REAL ESTATE REDEVELOPMENT
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout
the City; and
WHEREAS, said regulations provide that issuance of a building permit for commercial,
industrial, and multiple residential uses require the specific review and approval of development
plans by the Apple Valley Planning Commission and City Council; and
WHEREAS, approval of such a building permit issuance has been requested for the above
referenced project; and
WHEREAS, the Apple Valley Planning Commission has reviewed the development plans
and made a recommendation as to their approval at a public meeting held on June 20, 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 Ryan Real Estate
Redevelopment project is hereby authorized, subject to conformance with all City codes and the
following conditions:
1. Approval of the site plan/building permit authorization is subject to approval
of amendments to PD-290 and execution of a Planned Development
Agreement.
2. Approval of the site plan/building permit authorization is subject to approval
of the conditional use permit (CUP) for window drive-thru service.
3. If the Building Permit is not paid for and issued within one (1) year of the date
of approval, the approval shall lapse.
4. The Building Permit shall be applicable to property identified as Lot 1, Block
2, APPLE VALLEY COMMERCIAL ADDITION
5. Construction shall occur in conformance with the site plan dated June 12,
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, subject to the following:
2
a. Local street improvements including additional lane striping, shall be
completed in accordance with the Traffic Study recommendations, subject
to final review and approval by the City Engineer.
b. Construction within City right-of-way and boulevard areas shall require a
right-of-way permit and shall comply with ring route construction
standards subject to final review and approval by the City Engineer.
6. Construction shall occur in conformance with the utilities plan, subject to final
review and approval of the plans at the time of application of the building
permit or the natural resources management permit (NRMP).
7. Construction shall occur in conformance with the landscape plan dated May
24, 2018, including sodded/seeded public boulevard area up to each street
curbline; subject to submission of a nursery bid list that confirms that the
landscape plantings meet or exceed 2-1/2% of the value of the construction of
the building.
8. Construction shall occur in conformance with the elevation plan dated June 14,
2018, on file at City Offices.
9. Site grading shall occur in conformance with a Natural Resources
Management Plan (NRMP) which shall include final grading plan to be
submitted for review and approval by the City Engineer; subject to the
applicant submitting a copy of the General Storm Water Permit approval, if
required, from the Minnesota Pollution Control Agency pursuant to Minnesota
Rules 7100.1000 - 7100.1100 regarding the State NPDES Permit prior to
commencement of grading activity.
10. The NRMP shall indicate tree preservation measures for protecting the
existing elm trees in the Cedar Avenue boulevard.
11. A demolition plan shall be submitted that confirms which existing trees will be
removed and which existing trees will be preserved; tree preservation
measures shall be installed for the elm trees in the Cedar Avenue boulevard.
No demolition shall occur until a demolition permit has been issued.
12. 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 stormwater infiltration structure.
13. Any site lighting shall consist of downcast, shoebox lighting fixtures or
wallpacks with deflector shields which confines the light to the property. The
lighting plan shall be reviewed and approved by the planner prior to issuance
of the building permit.
3
14. Approval of a signage plan is not included with this site plan and building
permit authorization. A separate application and signage plan in conformance
with the sign regulations must be submitted for review and approval to the
City prior to the installation of any signs.
15. Construction and earthmoving activities shall be limited to the hours of 7:00
a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall
be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction
shall not be performed on Sundays or federal holidays.
16. Earthmoving activities shall not occur when wind velocity exceeds thirty (30)
miles per hour. Watering to control dust shall occur as needed and whenever
directed by the Apple Valley Building Official or Zoning Administrator.
17. Issuance of a Building Permit and a final certificate of occupancy is contingent
upon the project being constructed in conformance with all the preceding
conditions as well as all applicable performance standards of the current
zoning regulations. In the event that a certificate of occupancy is requested
prior to completion of all required site improvements, a suitable financial
guarantee in the amount of 125% of the estimated cost of the unfinished
improvements shall be required along with an agreement authorizing the City
or its agents to enter the premises and complete the required improvements if
they are not completed by a reasonably stipulated deadline, with the cost of
such City completion to be charged against the financial guarantee.
18. The ongoing use and occupancy of the premises is predicated on the ongoing
maintenance of the structure and all required site improvements as listed in the
preceding. No alteration, removal, or change to the preceding building plans
or required site improvements shall occur without the express authorization of
the City. Site improvements which have deteriorated due to age or wear shall
be repaired or replaced in a timely fashion.
BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance
is subject to a finding of compliance of the construction plans with the Minnesota State Building
Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform
Fire Code, as determined by the Apple Valley Fire Marshal; and
ADOPTED this 9th day of August, 2018.
__________________________________
Mary Hamann-Roland, Mayor
4
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a
true and correct copy of a resolution adopted by the City Council on August 9, 2018, the original
of which is in my possession, dated this _____day of ______________________, 20__ .
____________________________________
Pamela J. Gackstetter, City Clerk
"W"W
SITE
147TH ST W
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GLEASON PATHU P P E R 1 4 5 T H S T W GLAZIER AVEGARRETT AVE146TH ST W
RYAN REAL ESTATEREDEVELOPMENT
µ
LOCATION MAP ^
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RYAN REAL ESTATEREDEVELOPMENT
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RYAN REAL ESTATEREDEVELOPMENT
ZONING MAP
^
OBLIQUE AERIAL
SITE
Neighborhood Correspondence
From: LAStovern@merchantsbank.com [mailto:LAStovern@merchantsbank.com]
Sent: Wednesday, May 23, 2018 11:56 AM
To: Murphy, Joan
Subject: Notice For Public Hearing - 14750 Cedar Avenue
Ladies and Gentlemen,
We support the proposed site amendments and the conditional use permit as proposed by the petitioner,
Launch Properties, LLC, and property owner, CJ Ryan, LLC, in the notice we received dated May 14,
2018.
Thank you.
Lawrence A. Stovern
Regional President
Merchants Bank, N.A. | 14990 Glazier Avenue | Apple Valley, MN 55124
Direct Phone: (952) 837-4063 | Internal Extension: 31063 | Fax: (952) 432-3604
Email: lastovern@merchantsbank.com
City of
MEMO
Building Inspections
TO: Kathy Bodmer, Planner
FROM: George Dorn, Building Official
DATE: May 30, 2018
SUBJECT: Ryan Real Estate 14750 Cedar Avenue
Separate sign permits are required.
SAC determination is required from Met Council prior to permit issuance from the city.
Submit plans to the Department of Health if food is being served prior to permit issuance
from the city.
A separate sewer and water permit is required prior to connection from the city services to
the building. The State of Minnesota Plumbing Division is required to review the water and
sewer utilities. The City of Apple Valley will issue the permit.
Geotechnical report boring log and Special Inspector Agreement is required prior to permit
and soil corrections on site.
Per MSBC 2015 1303.1500 Subpart 1 requires recycling space in accordance with Table 1-
A on plans issued for permit. Concept 1 does not appear to have any trash or recycling area.
A separate demolition permit is required prior to removal of the existing building. The
demolition permit application must include a copy of the EPA inspectors’ report, a copy of
notification of intent to perform a demolition, a site plan showing building to be removed
and the location of sewer and water services to the buildings.
CITY OF
MEMO
Public Works
TO: Kathy Bodmer, Planner
FROM: Brandon S. Anderson, City Engineer
DATE: June 14, 2018
SUBJECT: Ryan Real Estate Redevelopment at 147th and Cedar Avenue
Kathy,
The following are comments regarding the Ryan Real Estate Redevelopment Preliminary Plans
dated May 24, 2018 and Site Plan Revisions dated June 12, 2018. Please include these items as
conditions to approval.
General
1. Provide a narrative of how the buildings will be constructed and any impacts prior to
building permit authorization. The narrative shall include the following:
a. Shoring (if applicable)
b. Material Storage.
c. Haul routes to and from the site.
d. Phasing
e. Construction and temporary parking
2. A separate Public Improvement project is being considered for the recommended
transportation/traffic improvements on 147th Street and Glazier Avenue.
a. The recommended improvements could include:
i. Converting the intersection of 147th Street SW & Glazier Avenue (south) to
a ¾ access intersection where the NB left turn movement is prohibited.
ii. Reconfigure Glazier Avenue at 147th with raised median and striping to
provide only one approach lane (right turn lane).
iii. Construct a roundabout at the intersection of 147th street SW and Glazier
Avenue (north)
iv. Construct a raised concrete median between Cedar Avenue and Glazier
Avenue (south) along 147th street. This would prohibit all left turn
movements in and out of the Applebee’s driveway access.
3. Modifying the proposed right-in only access to a full access should be evaluated as an
option upon completion of Public Improvements as outlined above.
4. An underground infiltration system construction and maintenance agreement will be
required.
5. Additional Road Easement and/or ROW would be needed in the NE corner of site to
accommodate public roadway improvements as recommended on 147th Street and
Glazier.
Site/Traffic
1. See additional memo from SRF regarding the review of the traffic study as provided by
applicant.
2. The proposed land use is expected to have approximately 3,475 daily trips as compared to
the existing site which currently generates approximately 340 trips.
3. A review of the interim conditions was completed to understand how the site would operate
under a full build out scenario prior to any Public Improvement Projects along 147th Street,
which includes a restricted thee-quarter access at Glazier Avenue (south) and a roundabout
at Glazier Avenue (north). Results of preliminary tests conclude that there is expected to
be average northbound queues along Glazier Avenue of approximately 100 feet and 95th
percentile queues of approximately 200 feet during the midday peak hour. It is estimated
that queues would extend beyond the northern enter only access point only 10 percent of
the peak hour. It should be noted that northbound left-turn delays from Glazier to 147th
Street are expected to increase from 16 seconds per vehicle in the year 2019 no build
condition to 33 seconds per vehicle, which represents a side-street (Glazier and 147th
Street) Level of Service (LOS) D condition.
4. The recommended changes to the turn lanes on 147th and Glazier are deemed acceptable at
this time to provide additional storage during the peak hours
5. Site plan should show site line triangles at access entrances as well as on the landscape
plan.
6. Auto turn drawing should include review of prohibited NB left turn at north RI access
driveway to site. Driveway alignment may need to be adjusted to ensure right in access
only. Additional no Exit Signage is recommended.
7. A commercial driveway entrance is required at all access points to public roadways per AV
Plate No. STR-4 or STR-5. Standard city plates should be referenced on plans.
8. An existing sidewalk currently exists connecting to the property to the south. No future
connection is shown on the plans. Please clarify is sidewalk is to remain or be removed.
9. A streetscape plan will be required for restoration of public sidewalk, fence, and street
lights along 147th street where the existing driveway access is to be abandoned if
constructed privately.
Grading, Drainage and Erosion Control
1. Final Storm Water Pollution Prevention Plan (SWPPP) shall be included with plans and
shall be reviewed and approved by City Engineer.
2. Final Grading Plans shall be reviewed and approved by City Engineer.
3. Final Storm Water Management Plan shall be reviewed and approved by City Engineer.
Sanitary Sewer, Water Main and Storm Sewer
4. Final locations and sizes of Sanitary & Storm Sewer and Water main shall be reviewed
with the final construction plans and approved by City Engineer.
5. Domestic water and Fire service shall be split outside the building and the valves shall be
located 1.5 times the height of the building away from the building or placed in location
readily accessible per City of Apple Valley standard detail plate SER-6.
6. C5.0 - Note pointing to Sanitary sewer service line states connect to existing water main
stub
7. Confirm the size of the sanitary sewer stub from the street to ensure adequate size for
proposed land use.
8. Abandon existing water service at the main in the street if not adequately sized to use
existing service. New service would require wet tab.
Landcape and Natural Resources
1. Final locations and sizes of trees and landscaping shall be reviewed with the final
construction plans and approved by Natural Resource Coordinator.
2. A tree demo plan shall be provided, if any trees are to remain along Glazier Avenue a tree
preservation plan should identify the drip line and protected throughout construction.
Plans should clearly identify the removals.
3. Landscape plan should clearly indicate drainage and utility easements and property line.
4. No major tree plantings shall be located over any underground utilities. Clusters of trees
shall be used near or around these areas instead of planting in a row. The Drainage and
Utility Easement will require clearance around the underground utilities, or the
expectation that trees may have to be removed for access when needed.
5. The 13 existing elm trees in public right-of-way along Cedar Avenue and 147th Street W
shall not be impacted by construction, parking, or deliveries. If damaged a 2.5” caliper
replacement shall be required in addition to the proposed re-plantings on the property.
The City shall be notified of damage as soon as it occurs and to have a replacement
species approved.
6. No plantings shall create sight distance issues at entrances, exits, or intersections.
7. Existing elms and Ring Route trees to be protected throughout construction. An
additional Oak shall not be inter-planted along Cedar Ave as proposed.
8. Boulevard Lindens are a more narrow species than other varieties of lindens, but when
full size will still be 25’-30’ wide each. The parking islands may be better suited to other
tree varieties.
9. Currently there are five large established evergreens on site. Three of the evergreens on
the northeast corner could be saved and counted towards the tree preservation.
a. No evergreen trees are included in the proposed landscape schedule, only
evergreen shrubs.
Review Summary
ONE CARLSON PARKWAY, SUITE 150 | MINNEAPOLIS, MN 55447 | 763.475.0010 | WWW.SRFCONSULTING.COM
SRF No. 11833.00
To: Brandon Anderson, PE, City Engineer
City of Apple Valley
From: Tom Sachi, PE, Senior Engineer
Matthew Pacyna, PE, Principal
Date: June 14, 2018
Subject: Review of Redevelopment Site – Cedar Avenue at 147th Street Traffic Impact Study
Introduction
As requested, SRF has completed a review of the Redevelopment Site – Cedar Avenue at 147th Street Traffic
Impact Study document, dated May 24, 2018 completed by Kimley-Horn and Associates, Inc. The
proposed development is located in the southeast quadrant of the Cedar Avenue/147th Street
intersection in the City of Apple Valley. Review of the traffic impact study identified the following
questions and comments for consideration.
Review Summary
Based on our review, the following items were identified. Underlined text indicates potential study
modification considerations.
1. Site Trip Generation – The trip generation estimate approach using the Institute of Transportation
Engineers Trip Generation Manual, 10th Edition is reasonable for the a.m. and p.m. peak hours.
However, the midday peak hour trip generation shown is lower than the peak hour of generator
for fast-casual restaurants, which is the midday peak hour (12:00 p.m. to 1:00 p.m.). This peak
hour of generator rate from ITE is consistent with locally collected trip generation data. The
midday peak hour trip generation analysis should be updated using the peak hour of generator trip
generation rate to determine level of service and queuing impacts.
2. Trip Distribution and Assignment – The directional distribution is reasonable.
3. Intersection Capacity Analysis
a. The analysis approach and existing condition results are reasonable.
b. While not specifically noted in the document, the build out and horizon background analysis
appears to have used a background growth rate of one (1) percent, which is consistent with
historical trends within the area and the Dakota County 20-year growth project factor (typical
growth is between 0.5 and 1.5 percent growth per year). This approach is reasonable, however,
the growth rates should be noted within the Build-Out Background Analysis section.
c. Midday peak hour conditions should be updated with the peak hour generator trip generation.
d. The horizon year build capacity analysis is noted that all intersections are anticipated to have
an acceptable overall LOS, however, the Cedar Avenue and 147th Street intersection is
anticipated to have a LOS E during the p.m. peak hour.
Brandon Anderson, PE, City of Apple Valley June 13, 2018
Redevelopment Site - Cedar Avenue at 147th Street Traffic Impact Study Review Page 2
4. Turn Lane Analysis
a. It is noted to restripe the westbound left-turn lane at the Cedar Avenue and Glazier Avenue
intersection, which should be modified to the Cedar Avenue and 147th Street intersection.
The recommended restriping of the westbound left-turn lane on 147th Street to Cedar Avenue
is reasonable and should be considered.
b. Existing queues are not provided within the Turn Lane Queue Summary tables. This could
provide a comparison to baseline conditions.
c. Year 2030 Horizon analysis indicates the average and 95th percentile northbound left-turn
queues at Glazier Avenue/147th Street under build conditions are 115 feet and 190 feet,
respectively. The northern site access, which is right-in only, as well as the Wing’s Financial
driveway should not be impacted by the northbound left-turn queue. The midday peak hour
condition should be updated to determine if there are additional queuing impacts that may
extend to the southern site access or beyond, which could cause internal site operational issues.
d. The recommended restriping of the northbound left-turn lane on Glazier Avenue to
147th Street is reasonable and could be considered, as an interim improvement condition prior
to the public improvement project. This turn lane should accommodate northbound left-
turning queues from 147th Street, pending any findings from a midday analysis.
5. Conclusions and Recommendations – This section may be updated based on the
recommendation to reanalyze the midday peak hour trip generation and intersection capacity
analysis. If midday queuing is expected to impact the southern driveway or adjacent driveways
further to the south, discussions may need to occur with area stakeholders during the interim
condition prior to the public improvement project.
Additional Trip Generation Comparison
SRF developed an updated trip generation estimate using the ITE Trip Generation Manual, 10th Edition
to understand differences between the proposed land uses and both the existing land uses and the
current zoning allowable maximum square footage for a Class 1 restaurant space (i.e. ~11,.000 square
feet). In general, Class 1 restaurant spaces are formal sit down restaurants with menus or can be casual
sit down restaurants that meet a number of criteria (i.e. fast casual). Class 1 restaurant spaces do not
have drive-thru capabilities.
Results of the trip generation comparison between the land use application and the existing land uses
is shown in Table 1. This indicates that the peak hour trips are expected to increase significantly as
compared to the existing land use. Additionally, it should be noted that the proposed land use is
expected to have approximately 3,475 daily trips as compared to the existing site, which currently
generates approximately 340 daily trips. Note the trip generation comparisons include the peak hour
of generator for the midday trip generation.
Brandon Anderson, PE, City of Apple Valley June 13, 2018
Redevelopment Site - Cedar Avenue at 147th Street Traffic Impact Study Review Page 3
Table 1 Trip Generation Comparison (Existing Land Uses)
Land Use Type (ITE Code) Size
Weekday A.M
Peak Hour Trips
Weekday M.D.
Peak Hour Trips
Weekday P.M
Peak Hour Trips
In Out In Out In Out
Land Use Application
Coffee Shop w/ Drive Through (937) 1,800 sf 82 78 34 33 39 39
Fast-Casual Restaurant (930) 6,000 sf 8 4 121 142 47 38
Medical-Dental Office (720) 3,000 sf 7 2 7 4 3 7
Total 97 84 162 179 89 84
Existing Site
Office Space 9,900 sf 15 5 3 5 16 18
Trip Difference +82 +79 +159 +174 +73 +66
Results of the trip generation comparison with the Class 1 maximum square footage of 11,000 sf,
shown in Table 2, indicate that there is expected to be significantly more a.m. peak hour trips.
However, midday peak hour trips are expected to be reduced by approximately 30 percent and p.m.
peak hour trips increase by approximately 10 percent as compared to the maximum allowable Class 1
restaurant space. Additionally, the proposed land uses and the Class 1 maximum use are expected to
have a similar amount of daily trips.
Table 2 Trip Generation Comparison (Class 1 Max)
Land Use Type (ITE Code) Size
Weekday A.M
Peak Hour Trips
Weekday M.D.
Peak Hour Trips
Weekday P.M
Peak Hour Trips
In Out In Out In Out
Land Use Application
Coffee Shop w/ Drive Through (937) 1,800 sf 82 78 34 33 39 39
Fast-Casual Restaurant (930) 6,000 sf 8 4 121 142 47 38
Medical-Dental Office (720) 3,000 sf 7 2 7 4 3 7
Total 97 84 162 179 89 84
Class 1 Maximum Allowable
Fast-Casual Restaurant (930) 11,000 sf 15 8 222 260 85 70
Trip Difference +82 +76 (-60) (-81) +4 +14
Brandon Anderson, PE, City of Apple Valley June 13, 2018
Redevelopment Site - Cedar Avenue at 147th Street Traffic Impact Study Review Page 4
Interim Conditions
A review of the interim conditions was completed to understand how the site would operate under a
full build out scenario prior to the public improvement projects along 147th Street, which includes a
restricted thee-quarter access at Glazier Avenue (south) and a roundabout at Glazier Avenue (north).
Note that this assessment includes the refined midday peak hour trip generation for the proposed
development. Results of preliminary tests conclude that there is expected to be average northbound
queues along Glazier Avenue of approximately 100 feet and 95th percentile queues of approximately
200 feet during the midday peak hour. It is estimated that queues would extend beyond the northern
enter only access point only 10 percent of the peak hour. It should be noted that northbound left-turn
delays are expected to increase from 16 seconds per vehicle in the year 2019 no build condition to
33 seconds per vehicle, which represents a side-street level of service D condition.
The recommended turn-lane length for this turn-lane is 190 feet of storage of a 50 foot taper. This
turn-lane storage would be adequate for approximately 90 to 95 percent of the midday peak hour and
is expected to be adequate for both the a.m. and p.m. peak hours. Therefore, no other geometric or
traffic control improvements are necessary during the interim condition.
8/9/2018
1
Ryan Real Estate
Redevelopment –
Launch Properties
City Council Meeting August 9, 2018
Requested Actions
1.Zoning Amendments to PD‐290 and
Planned Development Agreement.
2.Conditional Use Permit for Drive‐thru
lane in connection with a coffee shop.
3.Site Plan Review/Building Permit
Authorization.
8/9/2018
2
Location –14750 Cedar Ave
Comp Plan Map
8/9/2018
3
Zoning Map
Alta Survey/Existing Conditions from
Dakota County ROW Documents
Right‐of‐Way
Trail, Drainage, Utility
Easement
8/9/2018
4
Corner Monument
North
Site Plan (Revised)
8/9/2018
5
Drainage and Grading Plan
Utility Plan
8/9/2018
6
Landscape Plan
Building Elevations
8/9/2018
7
Floor Plan
North
3,600 sf
Restaurant
3,000 sf
Dental
2,200 sf
Rest.
2,000 sf
Coffee/
Drive‐
thru
Zoning Amendments Requested
1.Add Class III Neighborhood Restaurants as permitted use.
2.Add Drive‐thru window service as conditional use in
conjunction with a Class III restaurant.
3.Allow reduced parking lot setbacks:
a.Cedar Ave: 20’ to 5’
b.147th Street: 20’ to 10’
c.Glazier Ave: 20’ to 10’
8/9/2018
8
Draft Ordinance -PD-290, Zone 5
1.Establishes new subzone, Zone 5
2.Provides list of permitted, conditional and
accessory uses.
3.Zone 5 based on the uses permitted in Zone 4, but
does not allow the retail uses, except ancillary sales
not more than 15% of the total floor area.
4.Zone 5 would allow Class III restaurants as
permitted use and drive‐thru service in connection
with a Class III restaurant as a conditional use
(based on Zone 4 uses).
5.Setback and coverage standards established.
Planning Commission
Recommendation
At its meeting of June 20, 2018, the Planning Commission voted
unanimously to recommend approval of the project with
conditions.
Draft resolutions approving the project contain the conditions
recommended by the Planning Commission.
8/9/2018
9
Suggested Motions:
1.Pass ordinance rezoning subject lot to PD‐290, Zone 5 and
establishing PD‐290, Zone 5 setback and area standards
(recommend waive second reading).
2.Adopt resolution approving Planned Development
Agreement, subject to final approval by City Administrator
and City Attorney.
3.Adopt resolution approving Conditional Use Permit for
drive‐thru service in connection with a Class III Restaurant.
4.Adopt resolution approving site plan review/building permit
authorization for 11,000 sq. ft. multiple tenant building.
Questions?
I T E M: 5.F.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Regular A genda
Description:
Review Ordinance A mending Chapter 91 of the City Code E ntitled A nimals for the P urpose of
Creating Separate Code Provisions for Dog and Cat Violations Enhanced P enalties (First
reading)
S taff Contact:
Charles Grawe, A ssistant City A dministrator
Department / Division:
Administration / I nformation Technologies
AC T I O N RE Q UE S T E D:
Review ordinance amending C hapter 91 of the C ity C ode entitled Animals for the purpose of
creating separate code provisions for dog and cat violations enhanced penalties. (First
reading)
S UM M ARY:
Chapter 91 of the City C ode governs dog and cat regulations. T his amendment creates
separate code provisions for the designation of violations as petty misdemeanors and
misdemeanors with enhanced penalties. T his amendment does not add new regulations or
penalties; it separates the enhanced penalty provision(s) into a separate C ode provision.
T he tentative date for the second reading of the ordinance amendment is August 23, 2018.
B AC K G RO UND:
T his amendment is made to comply with the Minnesota Courts reporting system.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Ordinance
CITY OF APPLE VALLEY
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 91 OF THE CITY CODE ENTITLED “ANIMALS” FOR THE PURPOSE
OF CREATING SEPARATE CODE PROVISIONS FOR DOG & CAT VIOLATIONS
ENHANCED PENALTIES
The City of Apple Valley ordains:
Section 1. Chapter 91 of the Apple Valley City Code is hereby amended by
revising Section 91.04 (D) to read as follows:
(D) A metal or durable plastic current rabies vaccination tag, issued by
the attending veterinarian, shall be securely attached to the collar or harness of the dog or
cat by the owner. Whenever the dog or cat is out of doors, whether on or off the owner's
premises, the collar or harness with the vaccination tag must be worn. In addition, the
owner may be requested to provide a current certificate of rabies vaccination issued by
the veterinarian. Except as otherwise provided, a violation of this section is a petty
misdemeanor. A violation of this section is a misdemeanor if the person violates this
section within ten years of the first of two or more previous convictions under this
section.
Section 2. Chapter 91 of the Apple Valley City Code is hereby amended by
adding Section 91.04 (I) to read as follows:
(I) Enhanced Penalty. A violation of section 91.04 (D) is a misdemeanor
if the person has two or more convictions for violating section 91.04 (D) during the 10
year period preceding the violation.
Section 3. Chapter 91 of the Apple Valley City Code is hereby amended by
revising Section 91.05 (I) to read as follows:
(I) Nuisance prohibited. No owner shall permit any of the animals to
create any habitual noise from barking, crying, howling or screeching, or create any
disturbance or nuisance of any kind whatsoever which unduly impairs the quiet and
peaceful enjoyment of the surrounding area by other residents. Except as otherwise
provided, a violation of this section is a petty misdemeanor. A violation of this section is
a misdemeanor if the person violates this section within ten years of the first of two or
more previous convictions under this section.
Section 4. Chapter 91 of the Apple Valley City Code is hereby amended by
adding Section 91.05 (M) to read as follows:
(M) Enhanced Penalty. A violation of section 91.05 (I) is a misdemeanor
if the person has two or more convictions for violating section 91.05 (I) during the 10
year period preceding the violation.
Section 5. Chapter 91 of the Apple Valley City Code is hereby amended by
revising Section 91.16 (B) to read as follows:
(B) Affixing. The owner shall cause the tag to be affixed by a permanent
metal fastening to the collar of the dog so licensed in a manner that the tag may be easily
seen. The owner shall see that the tag is constantly worn by the dog. Except as otherwise
provided, a violation of this section is a petty misdemeanor. A violation of this section is a
misdemeanor if the person violates this section within ten years of the first of two or more
previous convictions under this section.
Section 6. Chapter 91 of the Apple Valley City Code is hereby amended by
adding Section 91.16 (G) to read as follows:
(G) Enhanced Penalty. A violation of section 91.16 (B) is a misdemeanor
if the person has two or more convictions for violating section 91.16 (B) during the 10
year period preceding the violation.
Section 7. Chapter 91 of the Apple Valley City Code is hereby amended by
revising Section 91.17 to read as follows:
(A) No dogs shall be permitted to run at large in the city at any time. Except as
otherwise provided, a violation of this section is a petty misdemeanor. A violation of this
section is a misdemeanor if the person violates this section within ten years of the first of two
or more previous convictions under this section.
(B) Enhanced Penalty. A violation of section 91.17 (A) is a misdemeanor if the
person has two or more convictions for violating section 91.17 (A) during the 10 year period
preceding the violation.
Section 8. Chapter 91 of the Apple Valley City Code is hereby amended by
revising Section 91.19 (A) as follows:
(A) Noise. No person shall keep or harbor any animal which habitually
barks, cries, whimpers or otherwise emits loud or unusual noises. Except as otherwise
provided, a violation of this section is a petty misdemeanor. A violation of this section is
a misdemeanor if the person violates this section within ten years of the first of two or
more previous convictions under this section.
Section 9. Chapter 91 of the Apple Valley City Code is hereby amended by
adding Section 91.19 (D) to read as follows:
(D) Enhanced Penalty. A violation of section 91.19 (A) is a misdemeanor if
the person has two or more convictions for violating section 91.19 (A) during the 10 year
period preceding the violation.
Section 10. Summary approved. The City Council hereby determines that the text of
the summary marked "Official Summary of Ordinance No. _____” a copy of which is attached
hereto clearly informs the public of the intent and effect of the ordinance. The City Council
further determines that publication of the title and such summary will clearly inform the public
of the intent and effect of the ordinance.
Section 11. Filing. A copy of the ordinance shall be filed in the office of the City
Clerk. This copy shall be available for inspection by any persons during regular office hours.
Section 12. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the
ordinance is available for inspection by any person during regular office hours at the Office of
the City Clerk.
Section 13. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
PASSED by the City Council this _____ day of ________, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 91 OF THE CITY CODE ENTITLED “ANIMALS” FOR THE PURPOSE OF
CREATING SEPARATE CODE PROVISIONS FOR DOG & CAT VIOLATIONS
ENHANCED PENALTIES
The following is the official summary of Ordinance No. ___ passed by the City Council of Apple
Valley on ___________, 2018:
Chapter 91 of the City Code governing dog & cat regulations is amended to create
separate code provisions for the designation of violations as petty misdemeanors
and misdemeanors with enhanced penalties. This amendment does not add new
regulations or penalties; it separates the enhanced penalty provision(s) into a
separate Code provision. This amendment is made to comply with the Minnesota
Courts reporting system.
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W.,
Apple Valley, Minnesota 55124.
I T E M: 5.G.
C O UNC I L ME E T I NG D AT E :A ugust 9, 2018
S E C T I O N:Regular A genda
Description:
A dopt Resolution A ppointing Member to F ill Vacancy on Telecommunications Advisory
Committee with Term Expiring March 1, 2019
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:
Adopt the resolution appointing a member to the Telecommunications Advisory Committee
for a term expiring March 1, 2019.
S UM M ARY:
Nine applications for the Telecommunications Advisory C ommittee were received by the
deadline and provided to you under separate cover. Listed below are the names of the
individuals interested in serving on the Telecommunications Advisory C ommittee.
Michael Deeny
Inam Haque
Milo Holsten
Gregory Ludvigsen
Lorne Parker
Mason Smith
Mary Sparks
Carson Turnquist
Tyler Williams
T here is one vacancy. T his appointment has a three-year term expiring March 1, 2019.
If the C ity Council would like to proceed with filling the vacancy, ballots will be distributed.
Following the balloting process, a motion should be made adopting the resolution appointing
the individual to the C ommittee.
B AC K G RO UND:
On May 24, 2018, the C ity C ouncil authorized accepting applications through J une 29, 2018,
to fill the vacancy on the Telecommunications Advisory Committee.
A copy of the resolution establishing procedures for appointing committee members is
attached for your reference.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Background Material
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 1997-165
A RESOLUTION ESTABLISHING A PROCEDURE FOR
APPOINTMENT TO FILL POSITIONS ON COMMISSIONS AND COMMITTEES
WHEREAS, the City Council has established advisory commissions and committees
whose members are appointed by the Council and any vacancies during a term are also filled by
Council appointment, and
WHEREAS, the City Council desires to establish a written procedure by which to make
such appointments, and
WHEREAS, this procedure will be used as a preliminary process and not a binding
Council action; further Council action, by motion, will be necessary to appoint candidates for the
positions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the following procedure will be used to reduce the
number of candidates considered by the Council in making appointments to advisory
commissions and committees and to fill any vacancies thereon:
1. The Mayor will call for nominations for a position or positions from the
Councilmembers.
2. A nominee may decline the nomination at any point up to the time that nominations
are closed.
3. When no further nominations are offered, the Mayor will close nominations.
4. If the number of nominations is equal to the number of positions to be filled, a
motion to make the appointment shall be in order. The motion shall be in the form
of: "I move to appoint ________________to the position of _________________."
Vote shall be by roll call with the Mayor casting the first vote and the Council
alternating from right to left of the Mayor, starting with the member to the right of
the Mayor.
5. If the number of nominations is greater than the number of positions to be filled, a
written roster will be prepared listing the nominees and the Council shall proceed in
the following manner:
a) On the first round, and any subsequent rounds, each Councilmember shall, in
writing, select that certain number of names which is one less than the total
number of the names appearing.
b) After the City Clerk has received the selection from each Councilmember, the
City Clerk shall record the selection and announce the remaining names.
c) Any name or names not having been selected by more than two of the
Councilmembers shall be stricken by the City Clerk from the succeeding round
and shall no longer appear as a name(s) to be considered by the Council;
except that, if after selection by the Council there results a tie between or
among all the names appearing on the round, the Council, in writing shall
again select until one or more names have been stricken; provided, however,
that if such a situation exists, the Council shall not reselect more than three
times. In such a situation, the process shall end. Otherwise, the process shall
end when only one name remains.
d) After the process has ended, a motion to make the appointment shall be in
order. The motion shall be in the form of: "I move to appoint _______________
to the position of _________________.” Vote shall be by roll call with the
Mayor casting the first vote and the Council alternating from right to left of
the Mayor, starting with the member to the right of the Mayor.
ADOPTED this 10th day of July, 1997.
/s/ Gary L. Humphrey
Gary L. Humphrey, Mayor
ATTEST:
/s/ Mary E. Mueller
Mary E. Mueller, City Clerk
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
RESOLUTION APPOINTING TELECOMMUNICATIONS ADVISORY
COMMITTEE MEMBER
WHEREAS, Section 32.02 of the Apple Valley City Code, as amended, provides for
appointment by the City Council of members of the Telecommunications Advisory Committee;
and
WHEREAS, a vacancy now exists on the Telecommunications Advisory Committee due
to the resignation of Rollin Bible.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that _________________ is hereby appointed to the
Telecommunications Advisory Committee for a term expiring March 1, 2019.
BE IT FURTHER RESOLVED that members of the Telecommunications Advisory
Committee are then as follows:
Name Term Expires
1. Vacant March 1, 2019
2. Jerry Brown March 1, 2019
3. David Cherner March 1, 2020
4. Dale Rodell March 1, 2020
5. Barry Berg March 1, 2021
ADOPTED this 9th day of August, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 7.
C O UNC I L ME E T I NG D AT E :A ugust 9, 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 E v ent
Tue./Aug. 7 11:30 a.m.-1:30
p.m.Kelley Park Business Watch Picnic
Tue./Aug. 7 5:00-10:00 p.m. Annual Night to Unite
T hur./Aug. 9 5:30 p.m.Municipal Center Informal C ity Council Meeting
T hur./Aug. 9 7:00 p.m.Municipal Center Regular City C ouncil Meeting
*
Fri./Aug. 10 6:00-9:00 p.m.Kelley Park
Apple Valley Arts Foundation
Music in Kelley Park C oncert
Series
Tue./Aug. 14 Primary Election
Wed./Aug. 15 7:00 p.m.Municipal Center Planning Commission Meeting
T hur./Aug.
16 4:30-6:30 p.m.Warners’ Stellian C hamber Business After
Hours
Fri./Aug. 17 6:00-9:00 p.m.Kelley Park
Apple Valley Arts Foundation
Music in Kelley Park C oncert
Series
Wed./Aug. 22 9:00 a.m.Municipal Center Firefighters Relief Association
Meeting
T hur./Aug.
23 5:30 p.m.Municipal Center Special Informal C ity Council
Meeting
T hur./Aug.
23 7:00 p.m.Municipal Center Regular City C ouncil Meeting
*
Tue./Aug. 28 6:00 p.m.Municipal Center Urban Affairs Advisory
C ommittee Meeting
Mon./Sep. 3 City Offices
Closed Labor Day
Wed./Sep. 5 7:00 p.m.Municipal Center Planning Commission Meeting
T hur./Sep. 6 8:30 a.m.Valleywood C hamber Golf Event
T hur./Sep. 6 6:00 p.m.Municipal Center Informal Parks & Recreation
Advisory Committee Meeting
T hur./Sep. 6 7:00 p.m.Municipal Center Regular Parks & Recreation
Advisory Committee Meeting
Mon./Sep. 10 7:00 p.m.Municipal Center Telecommunications Advisory
C ommittee Meeting
Wed./Sep. 12 7:00 p.m.Municipal Center Traffic Safety Advisory
C ommittee Meeting
T hur./Sep. 13 4:30-6:30 p.m.Dog Day Getaway C hamber Business After
Hours
T hur./Sep. 13 5:30 p.m.Municipal Center Informal C ity Council Meeting
T hur./Sep. 13 7:00 p.m.Municipal Center Regular City C ouncil Meeting
*
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