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02/14/2019 Meeting
M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 F ebruary 14, 2019 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.Discuss Possible Modifications to Outdoor Pickleball Courts and Hours of Play at Hayes Park (65 min.) 3.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 anuary 24, 2019, Regular Meeting B.Adopt Resolution Accepting Donation of C ash and Prizes from Various Businesses for Mid-Winter Fest Activities C .Approve Reduction of Financial Guarantee D.Authorize Acceptance of Source Water Protection Competitive Grant from the Minnesota Department of Health E.Approve Fischer Sand & Aggregate, LLP, C ommercial Extraction Permit for 2019 F.Adopt Resolution Authorizing Submittal of Comprehensive Plan 2030 Land Use Map Amendment to Metropolitan Council Re-designating 9.9 Acres Located on N.E. Corner of J ohnny C ake Ridge Road and 157th Street W. from “LD” (Low Density Residential/2-6 Units Per Acre) and “HD” (High Density Residential/12+ Units Per Acre) to "MD" (Medium Density Residential/6-12 Units Per Acre) G.Adopt Resolution Accepting Easements for Project 2016-138, Signal Modifications at 140th Street and Galaxie Avenue H.Adopt Resolution Approving Plans and Specifications for Project 2019- 101, 2019 Street and Utility Improvements, and Authorizing Advertising for Receipt of Bids, at 10:00 a.m. on March 12, 2019 I.Adopt Resolution Approving Plans and Specifications for Project 2019- 105, 2019 Street Improvements, and Authorizing Advertising for Receipt of Bids, at 10:30 a.m. on March 12, 2019 J .Adopt Resolution Approving Specifications for Project 2019-114, Family Aquatic Center Pool Shell Repair, and Authorizing Advertising for Receipt of Bids, at 10:00 a.m. on February 28, 2019 K.Adopt Resolution Approving Plans and Specifications for Project 2019- 121, Lebanon C emetery Boundary Fence, and Authorizing Advertising for Receipt of Bids, at 10:30 a.m. on March 12, 2019 L.Adopt Resolution Awarding Project 2019-115, Mowing and Trimming Services 2019-2020 M.Approve Memorandum of Agreement with A FSC ME Local No. 479 Establishing the 2019 C ity Maximum Monthly C ontribution toward Employee Group Health Benefits N.Approve Memorandum of Agreement with A FSC ME Local No. 479 Establishing Health C are Savings Plan O.Approve Agreement with Becker Arena Products, Inc., for Project 2018- 156, Apple Valley Sports Arena 2019 Ice System Replacement - Dasher Boards P.Approve Agreement with Sports Technology, Inc., for Project 2018-156, Apple Valley Sports Arena 2019 Ice System Replacement - Sound System Q.Approve Acceptance and Final Payment on Agreement with Schad Tracy Signs, Inc., for Liquor Store 3 Digital LED Pylon Sign R.Approve Personnel Report S.Approve Claims and Bills 5.Regular Agenda Items A.Time Square Shopping Center - Portillo's 1. Adopt Resolution Approving Cedar Retail Addition Final Plat and Development Agreement 2. Approve Design Agreement for Cedar Retail Addition 3. Adopt Resolution Approving Conditional Use Permit for Drive- T hrough Lane in C onjunction with C lass-III Restaurant 4. Adopt Resolution Approving 2 Ft. Parking Stall Depth Variance (from 20 Ft. to 18 Ft.) on Lot 2 Block 1, C edar Retail Addition 5. Adopt Resolution Approving 2 Ft. Parking Stall Depth Variance (from 20 Ft. to 18 Ft.) on Lot 3, Block 1, Cedar Retail Addition 6. Adopt Resolution Approving 11.5 Ft. Side Setback Variance (from 15 Ft. to 3.5 Ft.) on Lot 2, Block 1, Cedar Retail Addition 7. Adopt Resolution Approving Site Plan/Building Permit Authorization for 8,300 Sq. Ft. Restaurant on Lot 3, Block 1, C edar Retail Addition 8. Adopt Resolution Approving Site Plan/Building Permit Authorization for Existing Structure on Lot 2, Block 1, C edar Retail Addition B.Accept Resignation of Parks and Recreation Advisory C ommittee Members Ben Van Gundy and J essica Montgomery and Authorize Receipt of Applications through March 29, 2019, to Fill Vacancy 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Reminder: C ity Of fices are closed Monday, February 18, 2019, in observance of President's Day 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: 2. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:I nformal A genda I tem Description: Discuss P ossible Modifications to Outdoor Pickleball Courts and Hours of Play at Hayes P ark (65 min.) S taff Contact: B arry B ernstein, Director of P arks & Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: Members of the Parks and Recreation Advisory C ommittee will be in attendance, along with staff, various consultants, and members of the public to discuss the outdoor pickleball courts at Hayes Park. B AC K G RO UND: Noise E ngineering Studies ESI Engineering was commissioned in 2018 to conduct a pickleball noise study to determine if noise generated by the courts met applicable State noise requirements. Noise measurements were taken J une 7, 2018, and were found to be in compliance with State requirements. By request of the Parks and Recreation Advisory C ommittee, ES I Engineering conducted an additional analysis to help determine if noise barriers might help minimize noise impacts to the neighborhood. Copies of both reports are attached. Hours of P lay Since the development of the Hayes Park outdoor pickleball courts, three neighboring residents to the south have relayed concerns surrounding pickleball play/use. Discussion at the J uly 19, 2018 Parks and Recreation Advisory C ommittee informed the committee of issues and further attempts to satisfy both the neighbors and players. By unanimous vote, the Parks and Recreation Advisory C ommittee recommended adjustment of the hours of play as follows: Monday through Friday 9:00 a.m. to 1:30 p.m. and 4:30 to 7:30 p.m. no play between 1:30 and 4:30 p.m. or after 7:30 p.m. Saturdays 9:30 a.m. to 2:00 p.m. Sundays 12:30 to 4:30 p.m. Additional Courts in Neighboring Cities In 2018, additional pickleball courts were constructed in our neighboring cities. Staff will be prepared at the informal meeting to provide additional details on the construction activity. Staff is seeking input from the C ity Council as we prepare for the 2019 pickleball season. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Report Report L etter Presentation Pickleball Update CITY COUNCIL FEBRUARY 14, 2019 Map –Apple Valley Pickleball Courts Brief History of Comments from Neighborhood Negative Noise all day long-no specific times for play Yelling, screaming and inappropriate language by players Noise from pickleball volley too loud Can’t use backyards Positive Pickleball noise does not affect us Enjoy the activity and play Provides a good activity for our senior population Glad to see the activity in the park Sound Study Results Based on ESI Engineering Study, Noise Levels Meet Minnesota State Requirements Experiments to Reduce Noise Impact Researched a sound defusing fabric on court fence Natural vegetation barrier surrounding the courts Modified play Instituted sound reduction ball use during periods of the day Looked to utilize indoor courts at Hayes Retained the services of an independent sound engineering firm to conduct impact noise test as well as investigation of a sound mitigation study Experiments (Continued) Eliminated the option to utilize the lights for evening play Attempted to coordinate consensus between the pickleball community and neighbors whom have issues with sound from courts Attempted to advertise our other local pickleball courts at Greenleaf, Scott and Redwood park Looked at paddles that are advertised to produce less sound Currently Options Presented to the Parks and Recreation Advisory Committee July 19, 2018 Investigate the use of sound reduction pickleball paddles –This concept has been used in other parts of the country Close the southernmost 2 courts at times (i.e., 4:30 to 7:30 P.M.) Recommend additional pickleball courts in another part of our community Consider impacts of court construction in other surrounding communities Options Continued Modify hours of pickleball play Use of the number of courts to be used Review other possible locations for pickleball courts Vegetative barrier surrounding the courts Weekday play from 9:00 A.M. to 1:30 P.M. No Pickleball Play Weekdays from 1:30 to 4:30 P.M. Weekday Play from 4:30 to 7:30 P.M. No Pickleball Play Weekdays after 7:30 P.M. Weekend Hours Remain Unchanged Saturday 9:30 A.M. to 2:00 P.M. Sunday 12:30 P.M. to 4:30 P.M. Parks and Recreation Advisory Committee recommended motion be forwarded to City Council for discussion Recommendation of the Parks and Recreation Advisory Committee on July 19, 2018 Availability of Courts in Surrounding Communities What has happened since the last time the Parks and Recreation Advisory Committee discussed pickleball? Additional courts recently added in neighboring cities How might these additional courts affect future play on Apple Valley courts? Additional Courts -Lakeville Dodd Trail Park Flagstaff Avenue Dodd Trail Park pickleball courts opened in June 2018 Hours 6 am to 10 pm-no restrictions on pickleball play 6 dedicated courts No restricted play at this time Lakeville Before Lakeville After Additional Courts -Burnsville Red Oak Park 12100 River Hills Drive Opened fall of 2018 6 dedicated pickleball courts and two dual stripped courts Open during park hours (5 am to 10 pm) No restrictions for pickleball play Reported no issues of noise reported at this time Burnsville Before Burnsville After Additional Courts -Eagan Quarry Park 3340 Coachman Rd Opened fall of 2018 with grand opening proposed for spring of 2019 Court hours 8 am-8 pm 8 dedicated courts No restrictions for pickleball play Play on courts shall be first come first served basis. If others are waiting for court please limit play to 1 hour Eagan Before Eagan After Hours of Play Comparison Pickleball Hours of Play Apple Valley Hours in 2018 Apple Valley Parks and Recreation Advisory Committee Recommendation Burnsville Eagan Lakeville Monday thru Friday 8:30 am to 2:00 pm & 4:30 to 8:00 pm All other times require use of noise reduction ball 9:00 am to 1:30 pm No play 1:30 to 4:30 pm 4:30 to 7:30 pm No play after 7:30 pm 5:00 am to 10:00 pm No specific pickleball hours 8:00 am to 8:00 pm 6:00 am to 10:00 pm No specific pickleball play Saturday 9:30 am to 2:00 pm 9:30 am to 2:00 pm pm 5:00 am to 10:00 pm 8:00 am to 8:00 pm 6:00 am to 10:00 pm Sunday 12:30 to 4:30 pm 12:30 to 4:30 pm 5:00 am to 10:00 pm 8:00 am to 8:00 pm 6:00 am to 10:00 pm Pickleball Courts in the Area Dedicated Pickleball Courts in Neighboring Cities Apple Valley Burnsville Eagan Lakeville Hayes Park -2018 Red Oak Park Quarry Park Dodd Trail Park Total Number of Courts 6 6 8 6 Outdoor Lights Used?No Yes No No Equipment Restrictions? Quiet Ball At Certain Times No No No Noise attenuation/barriers installed?No Yes No No If so, where on courts is the product installed NA West Side NA NA What type of noise barrier is used?NA Acousti-Fence NA NA Plans to add additional courts?None At This Time None At This Time None At This Time Considering Park Bond Issue to Add More Courts Sound Mitigation Study Study Outlined Options to Reduce Pickleball Noise Reduce hours of regular pickleball play Close courts during certain hours Convert the existing fence into noise control barrier Study specifically addressed how sound reduction might be achieved through the installation of a noise control barrier Sound Mitigation Study Pickleball Noise Would Still Be Audible, But Median Levels Would be More Similar to the Background Sound Mitigation Study 8’ Barrier = Approx. 8 dB Noise Reduction 10’ Barrier = Approx. 10 dB Noise Reduction Sound Mitigation Study Staff Researched Products Offered by 3 Companies 10dBA Reduction Sounds About Half as Loud as the Baseline Condition Options To Consider (Could Implement One or More) Implement Additional Restrictions on Hours of Play (PRAC Recommendation) Options To Consider (Could Implement One or More) Implement Additional Restrictions on Hours of Play (PRAC Recommendation) Authorize the Installation of Sound Abatement Fencing Options To Consider (Could Implement One or More) Implement Additional Restrictions on Hours of Play (PRAC Recommendation) Authorize the Installation of Sound Abatement Fencing Implement Additional Restrictions on Paddles and Balls Options To Consider (Could Implement One or More) Implement Additional Restrictions on Hours of Play (PRAC Recommendation) Authorize the Installation of Sound Abatement Fencing Implement Additional Restrictions on Paddles and Balls Make No Changes At This Time and Wait to See How Newly Added Courts Affect AV Play Options To Consider (Could Implement One or More) Implement Additional Restrictions on Hours of Play (PRAC Recommendation) Authorize the Installation of Sound Abatement Fencing Implement Additional Restrictions on Paddles and Balls Make No Changes At This Time and Wait to See How Newly Added Courts Affect AV Play Other Options? Questions and Comments? I T E M: 4.A. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A pprove Minutes of J anuary 24, 2019, 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 anuary 24, 2019. 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 January 24, 2019 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 24, 2019, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Hooppaw. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, Parks and Recreation Director Bernstein, Police Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe, 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 Hooppaw, approving the agenda for tonight’s meeting, as presented. Ayes - 4 - 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. Ms. Karen Kirkman, from the Apple Valley Rotary Club, invited everyone to an End Polio Now spaghetti dinner and silent auction on January 27, 2019, from 1:00 p.m. to 4:00 p.m., at the Apple Valley American Legion, Post 1776. She also invited everyone to the Apple Valley Arts Foundation 2019 Frozen Apple concert at Bogart’s Entertainment Center on February 16, 2019, from 6:00 p.m. to 9:00 p.m. 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 - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting of January 10, 2019, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2019 Page 2 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 April 27, 2019, at the Bogart’s Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 4 - 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 Sons of the American Legion, Squadron 1776, for use on April 13, 2019, and July 4, 2019, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Eastview High School Senior Party, for use on March 3, 2019, at Bogart’s Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, , adopting Resolution No. 2019-6 approving submitting the application for Fiscal Year 2019 Dakota County Community Development Block Grant (CDBG) funding of $170,624.00 for Apple Valley Home Improvement Loan Program and DARTS Senior Outdoor Chore Service and Homemaking Service Programs, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, receiving the Traffic Safety Advisory Committee’s 2018 annual report. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-7 appointing Greg Dahlstrom, as the Police Department Representative, to the Traffic Safety Advisory Committee, for a term expiring March 1, 2020. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the reduction of financial guarantee for Apple Valley Wasatch from $416,284.00 to $204,053.00, as listed in the Community Development Department Assistant’s memo. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving Consent to Assignment Agreement with B32 Engineering Group, Inc., for Project 2018-156, Apple Valley Sports Arena 2019 Ice System Replacement, as attached to the Parks and Recreation Director’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-8 rejecting bids for Project 2019-114, Family Aquatic Center Pool Shell Repair. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2019 Page 3 MOTION: of Bergman, seconded by Hooppaw, accepting Apple Valley Fire Station One Bay Floor Coating, as complete and authorizing final payment on the agreement with Garage Floor Coating of MN.com, LLC, in the amount of $25,055.10. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Hayes Campus Security Camera System, as complete and authorizing final payment on the agreement with Pro-Tec Design, Inc., in the amount of $4,000.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated January 24, 2019. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, to pay the claims and bills, check registers dated January 2, 2019, in the amount of $845,432.53; and January 9, 2019, in the amount of $377,554.89. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF POLICE CAPTAIN DAHLSTROM & POLICE SERGEANT GERVING Police Chief Rechtzigel introduced newly promoted Police Captain Greg Dahlstrom and Police Sergeant Josh Gerving to the Council. The Council congratulated Police Captain Dahlstrom and Sergeant Gerving on their recent promotions. INTRODUCTION OF NEW POLICE OFFICERS MACK AND ORDORFF Police Chief Rechtzigel introduced newly hired Police Officers Jordan Mack and Dylan Ordorff to the Council and the City Clerk administered the oaths of office. Then the Police Chief pinned their badges. The Council congratulated Officers Mack and Ordorff and welcomed them to their new positions. CERTIFICATE OF RECOGNITION TO RICHARD STAUPE Police Captain Francis summarized the actions of Mr. Richard Staupe in connection with rendering aid to a fellow citizen. He then presented Mr. Staupe with a Certificate of Recognition. The City Council thanked Mr. Staupe for his life-saving actions. LETTERS OF APPRECIATION TO DONNA AND ELIZABETH CHORONZY Police Captain Francis summarized the contributions of Ms. Donna Choronzy and Ms. Elizabeth Choronzy in connection with the location and prosecution of a suspected thief. He then presented Donna and Elizabeth Choronzy with Letters of Appreciation. The City Council thanked them for their actions. Mayor Hamann-Roland called a recess at 7:23 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2019 Page 4 Mayor Hamann-Roland resumed the meeting at 7:31 p.m. PANERA BREAD RESTAURANT Mr. Lovelace reviewed the request by Panera Bread, LLC, and Brixmor Southport Centre, LLC, for a planned development ordinance amendment, a conditional use permit, and a site plan/building permit authorization to allow for construction of a 4,820 sq. ft. Class I restaurant with drive-through window service on an existing 1.28-acre lot. The site is located at 15200 Cedar Avenue in the Southport Centre retail development and is the current location of the Baker’s Square restaurant. The Planning Commission held a public hearing on the zoning amendment and Conditional Use Permit and recommended approval. Mayor Hamann-Roland said the Apple Valley Chamber of Commerce is excited about the improvements. She also said she would like Baker’s Square restaurant to remain in the City. Discussion followed. Mr. Dick Hanson, 7108 Lower 170th Court, Lakeville, said he would like Baker’s Square to stay in Apple Valley and recommended Panera move to another location. Mayor Hamann-Roland said the City would like to find a new space for Baker’s Square. Mr. Brent Massey, of CEI Engineering Associates and representing Panera, addressed the Council. He described the importance of the conditional use request and said he would be happy to answer any questions. The Council continued discussion and said they are excited Panera is staying and expanding in the City. MOTION: of Goodwin, seconded by Hooppaw, waiving the procedure for a second reading and passing Ordinance No. 1054 amending PD-244/Zone 2 (Planned Development), to allow drive-through window service in connection with a Class I restaurant. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2019-9 approving a Conditional Use Permit to allow drive-through window service in PD-244/Zone 2 (Planned Development) zoning district on Lot 4, Block 1, Southport Centre (15200 Cedar Avenue), for Panera Bread, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2019-10 approving the site plan and authorizing issuance of a building permit for construction of a 4,820-square-foot Class I restaurant with drive-through window service on Lot 4, Block 1, Southport Centre (15200 Cedar Avenue), with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2019 Page 5 URBAN AFFAIRS ADVISORY COMMITTEE VACANCY Mayor Hamann-Roland announced this item and thanked Mr. Adamini for his service on the Urban Affairs Advisory Committee and help in planning the City’s 50th Anniversary celebration. Ms. Gackstetter reviewed her memo regarding the resignation of Urban Affairs Advisory Committee Member Thomas Adamini, creating a vacancy on the Urban Affairs Advisory Committee with a term expiring March 1, 2021. She said the Council may wish to extend an invitation to individuals interested in serving on this Committee to submit an application to the City Clerk by March 1, 2019. MOTION: of Goodwin, seconded by Hooppaw, accepting the resignation of Urban Affairs Advisory Committee Member Thomas Adamini and thanking him for his dedicated service to the City of Apple Valley, directing staff to post the Urban Affairs Advisory Committee vacancy, and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by March 1, 2019. Ayes - 4 - Nays - 0. COMMUNICATIONS Mr. Lawell invited everyone to participate in Mid-Winter Fest activities on February 2, 2019. In anticipation of the cold weather that is forecast, he encouraged residents to check the City’s website and Facebook page regarding possible program changes. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Hooppaw, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:03 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 :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A dopt Resolution A ccepting Donation of Cash and P rizes from Various Businesses for Mid- W inter F est A ctivities 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: Adopt the resolution accepting donation of cash and prizes from various businesses for 2019 Mid-Winter Fest activities. S UM M ARY: Staff is seeking by resolution acceptance of cash and prizes from various businesses used by the Parks and Recreation Department to support the 2019 Apple Valley Mid-Winter Fest event. B AC K G RO UND: Various businesses have provided cash and prizes toward the sponsorship of the annual Mid- Winter Fest activities. Staff recommends accepting these donations and thanking them for their generosity. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2019 - A RESOLUTION ACCEPTING DONATIONS WHEREAS, the City Council of Apple Valley encourages public donations to help defray costs to the general public of providing services and improve the quality of life in Apple Valley; and WHEREAS, several businesses have offered to donate cash and prizes for use by the Apple Valley Parks and Recreation Department toward the sponsorship of the annual Mid-Winter Fest; and WHEREAS, Minnesota Statues 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the donations listed in Exhibit A are hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks these businesses for their gracious donations. ADOPTED this 14th day of February, 2019. ___________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk Exhibit A 2019 MID-WINTER FEST DONATIONS February 14, 2019 CASH DONATIONS & SPONSORSHIPS: *Dakota Electric; $500 sponsor of the FREE Photo Booth* *Midwest Dental; $500 sponsorship of the Horse Drawn Wagon Rides* *Royal Credit Union; $100 sponsorship of the Medallion Treasure Hunt* *The Goddard School; $250 sponsorship of Bouncy House, Inflatable Jumper & Games* *TAGS Gymnastics; $100 sponsorship of the FREE Balloon Animal Creations* *Park Dental; $100 sponsorship of Kidsdance DJ* *Apple Autos; $150 sponsorship of FREE Caricaturist Drawings* *Kalli’s Popcorn Shop; $100 sponsorship of Magic Justin–Amazing Wandering Magician* *Mindful Asset Planning; $100 sponsorship of Adult Cribbage Tournament* *Glenn Solberg/Remax Realty; $100 sponsorship of MWF Ice Carving* *Apple Valley Eye Care; $150 sponsorship of FREE S’mores & Bonfire* DONATIONS OF PRIZES: *ISD 196-Community Education/ECFE; Donation of 1 Free District 196/ECFE Class* *AV Culvers; Custard for a year* *Cole’s Salon & Spa; $50.00 Gift Card* *Nothing Bundt Cakes, Eagan; Gift Card for Bundt Cake* *Minnesota Zoo; Family 4-Pack plus FREE Parking & a Tiger-Stuffed Animal* *Dakota County Library; Bag of Books* *Wise Swim School; 3 - $25 Gift Certificates* *Burnsville YMCA; Private Swim Lesson Package & Personal Training Package* Exhibit A 2019 MID-WINTER FEST DONATIONS February 14, 2019 PROVIDING BOOTHS & ACTIVITIES at Mid-Winter Fest: *Dr. Jennifer Orthodontics* *School District 196 ECFE* *TAGS Gymnastics* *Royal Credit Union* *Cedar South Chiropractic* *Glenn Solberg/REMAX Realty* *Dakota County Library* *Park Dental of AV* *Dog Day Get-A-Way* *Renewal by Anderson* *Wise Swim School* *Liberty Mutual Insurance* *Fairview Ridges Hospital* *Target Mobile Truck* *Burnsville YMCA* *Scott Chiropractic* *Spire Credit Union* AND, ADDITIONAL “THANKS” GO OUT TO: Boy Scouts of America – Scouting Adventure Zone AV Police Department – Scouting Adventure Zone Eastview Hockey Association-Youth Hockey Mites Jamboree Apple Valley Hockey Association-Youth Hockey Mites Jamboree I T E M: 4.C. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A pprove Reduction of Financial Guarantee S taff Contact: J oan Murphy, Department A ssistant Department / Division: Community Development Department AC T I O N RE Q UE S T E D: Approve reduction of financial guarantee. S UM M ARY: T he C ity holds numerous financial guarantees to ensure the installation of certain improvements in new developments, as well as to assure protection of natural resources. Staff review of the status of this development indicates that the following action is in order: 1.Quarry Ponds Fifth Addition (PC18-04-F) LO C #20007624675 Original Deposit on 6/14/18 $1,001,405.00 Reduced 8/23/18 to $719,816.18 Reduced 9/13/18 to $299,924.00 Reduced 12/27/18 to $122,414.00 Reduce now to $76,714.00 B AC K G RO UND: N/A B UD G E T I M PAC T: N/A I T E M: 4.D. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A uthorize A cceptance of Source Water P rotection Competitive Grant from the Minnesota Department of Health 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: Authorize acceptance of Source Water C ompetitive Grant from the Minnesota D epartment of Health in the amount of $10,000 and authorize C arol Blommel J ohnson to sign the grant agreement on behalf of the City. S UM M ARY: T he grant funds will be applied to the Observation Well Installation, Project 2018-146, which was approved on October 26, 2018. T he work is being done as a requirement of the City's Water Appropriation Permit from the Minnesota Department of Natural Resources. T he well will be used to evaluate and monitor the sustainability of the C ity's water supply wells in the J ordan aquifer. B AC K G RO UND: T he Minnesota Department of Health (MD H) provides an annual competitive grant program for source water protection projects to assist in groundwater protection, safety, security, quality and quantity. B UD G E T I M PAC T: T he $10,000 grant will be applied to Project 2018-146, Observation Well Installation. AT TAC HM E NT S : Agreement I T E M: 4.E. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A pprove Fischer Sand & A ggregate, L L P, Commercial Extraction P ermit for 2019 S taff Contact: Thomas L ovelace, City Planner Department / Division: Community Development Department Applicant: Fischer Sand & A ggregate, L L P, F ischer Mining, L L C and Rockport, L L C P roject Number: 3354 Applicant Date: 2/1/2018 60 Days: 120 Days: AC T I O N RE Q UE S T E D: A motion approving the 2019 annual commercial extraction permit for Fischer Sand & Aggregate, LLP, subject to adhering to all applicable C ity ordinances and approved conditional use permits; and authorizing the C ity Administrator to consider and approve a limited number of modifications to hours of hauling outside of those hours permitted by City Code and approved conditional use permit, upon request by Fischer Sand & Aggregate, LLP. S UM M ARY: For your consideration is an application for an annual commercial extraction permit for commercial sand and gravel mining operations for calendar year 2019. T he applicant is requesting approval of their permit so that they may continue to mine and process material at their Apple Valley location. Mining and processing will occur in their “C entral Operations Area” on property generally located west of Pilot Knob Road, south of C ounty Road No. 42, east of Flagstaff Avenue, and north of 157th Street West. T he attached 2019 Mining Map identifies the specific areas within “C entral Operations Area” where they will be mining this year. It includes areas east, south and west of the Great River Energy electrical substation; and south and east of the C SA H 42/Flagstaff Avenue intersection. Other than establishing the new mining areas within the operations area, no changes to their current operations are being proposed with this application. T herefore, it is expected that any mining, stockpiling, dust and noise control, processing of material, and restoration of the disturbed areas will comply with all conditions and plans set forth in the approved Fischer Sand & Aggregate mining conditional use permit (C .U.P.) and all other applicable codes and ordinances. T he standard hours for operations less than 3,600 feet to residential neighborhoods are 6:30 a.m. to 5:30 p.m., Monday - Friday. For operations that are greater than 3,600 feet to residential neighborhoods, the hours are 6:00 a.m. to 6:00 p.m., Monday – Saturday. All the new mining areas are located closer than 3,600 feet to residential properties; therefore, they will be subject to standard operating hours of 6:30 a.m. to 5:30 p.m., Monday – Friday. Current access to the mining area is via the signalized J ohnny C ake Ridge Road/C SA H 42 intersection. A ll material removed from the operations area will continue to be transported from this intersection. 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 : Application L ocation Map Site P lan I T E M: 4.F. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A dopt Resolution A uthorizing Submittal of Comprehensive Plan 2030 L and Use Map A mendment to Metropolitan Council Re-designating 9.9 Acres L ocated on N.E. Corner of J ohnny Cake Ridge Road and 157th S treet W. from “L D” (L ow Density Residential/2-6 Units Per A cre) and “HD” (High Density Residential/12+ Units Per A cre) to "MD" (Medium Density Residential/6- 12 Units Per A cre) S taff Contact: Thomas L ovelace, City Planner Department / Division: Community Development Department Applicant: P ulte Group, I nc. and Rockport, L L C P roject Number: P C18-16-P Z C S B Applicant Date: 11/28/2018 60 Days: 1/27/2019 120 Days: 3/27/2019 AC T I O N RE Q UE S T E D: Adopt a resolution authorizing the submittal of Comprehensive Plan 2030 Comprehensive Land Use Map amendment to the Metropolitan C ouncil re-designating the southwest 9.9 acres of the North ½ of the Southeast ¼ of Section 35, from “LD” (Low Density Residential/2-6 Units Per Acre) and “HD” (High Density Residential/12+ Units Per Acre) to "MD" (Medium Density Residential/6-12 Units Per Acre) S UM M ARY: For your consideration is a request from Pulte Group, Inc. (the developer) and Rockport, LLC (the property owner) for the approval of a resolution authorizing the submittal to the Metropolitan C ouncil of an amendment to the C ity's 2030 C omprehensive Plan Land Use Map. T his is one part of an overall submittal that includes the additional requests: 1. Rezoning of 9.9 acres of property from "SG" (Sand and Gravel) to "M-6C " (Medium Density Residential/6-12 units per acre). 2. Subdivision of 9.9 acres into 101 residential townhome lots and thirteen (13) outlots. 3. Conditional use permit to allow for townhome construction with exposed finish materials other than those provided under section 155.346 of the city code. 4. Site plan/building authorization to allow for construction of 101 townhome dwelling units on 9.9 acres. T he C ity C ouncil will consider these items, along with the C omprehensive Plan Land Use Map amendment after the receipt of the Met C ouncil's decision on the C omprehensive Plan amendment. A public hearing for the C omp Plan amendment, rezoning, subdivision and conditional use permit requests was held on December 5, 2018. T he hearing was opened, comments taken, and the hearing was closed. T he Planning C ommission considered the C omp Plan Land Use Map re-designation, rezoning, subdivision, conditional use permit and site plan/building permit authorization at their J anuary 16, 2019, meeting. B AC K G RO UND: T he applicant is proposing to subdivide approximately 9.9 acres into 101 lots and thirteen (13) outlots. Outlots A through D will be used for private streets within the townhome development, with Outlots E through M being devoted for common open space. An easement over a portion of Outlot K is proposed to be dedicated to the C ity for public park purposes and will be the location of a public trail. A conditional use permit (C .U.P.) has been approved for the “SG” zoned property within the proposed development, which allows sand and gravel mining. T his proposal will end the ability of the current owner to mine the property. T herefore, the owner will need to release the sand and gravel mining C.U.P. on 9.9-acre site and remove the property from the Sand and Gravel Overlay designation on the 2030 Comprehensive Plan Land Use map. Staff will work with the developer and property owner with the amendment of the C .U.P. and removal of the Sand and Gravel Overlay. Mining operations will continue north of the proposed development, which could result in potential conflicts. T his will need to be addressed through the zoning code regulations that establish setbacks between residential property and mining operations, operating hours, and screening. T he proposed 9.9-acre townhome development will require approval of the before-mentioned Comp Plan Land Use Map re-designation, rezoning, subdivision, conditional use permit and site plan/building permit authorization. Acceptance of easements for the storm water ponding area east of the site and the proposed trail along the east edge of the property will also need to be approved by the City. T he 2030 C omprehensive Plan Land Use Map currently designates approximately 11 acres of property in the area of the townhome site "LD" (Low Density Residential/ 2-6 units per acre) and 29 acres “HD” (High Density Residential/12+ units per acre). T he proposed 2040 Comprehensive Plan Land Use Map designates the whole site "HD". T he applicant is requesting re-designation of approximately 2.5 acres of the existing "LD" area and 7.4 acres of the "HD" area to "MD" (Medium Density Residential/6-12 units per acre). T he proposed 101-unit townhome development will have a density of 10.2 units per acre, which would exceed the maximum units per acre allowed in the "LD" designation and would be below the minimum in the "HD" designation. Medium Density Residential land uses includes townhomes, other attached single-family dwellings, low-rise apartments, and condominiums at densities that range between six and twelve units per acre. T his designation fits with the "M-4", "M-5", "M-6" multi-family zoning districts, and some "PD" (Planned Development) zoning districts. T here is some concern with how this proposed amendment and development will impact the adjacent property that will not be re-designated. T he applicant has provided a plan that shows all of the property to the north being developed as townhomes. T he property is in the Temporary Sand and Gravel Overlay District. T he Sand and Gravel Overlay is a temporary land use designation that allows mining activity on properly zoned property in conformance with an approved conditional use permit. T he overlay designation states that sand and gravel mining is considered an interim use and that properties currently being mined will eventually be redeveloped in conformance with the underlying land use designation. T his designation should be removed as part of the C omprehensive Plan amendment. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Applicant L etter L ocation Map Comp Plan Map Comp Plan Map Z oning Map Z oning Map Preliminary P lat Site P lan 1 We Build Consumer Inspired Homes and Communities to Make Lives Better “THE SHORES” APPLICATION FOR: Comp Plan Amendment, Preliminary Plat, Rezoning, Site Plan Review APPLE VALLEY, MINNESOTA November 7, 2018 Introduction Pulte Homes of Minnesota, LLC (“Pulte”) is pleased to be submitting this application. Pulte’s company vision is “Building Consumer Inspired Homes and Communities to Make Lives Better”. We are a large homebuilder with corporate offices in Atlanta, Georgia. We currently operate under three distinct brands of homebuilding throughout the country: Pulte Homes, Centex Homes, and Del Webb. Pulte’s Minnesota Division has an office in Eden Prairie and will sell over 500 homes in the Twin Cities in 2018, all under the Pulte Homes brand. Pulte will act as both developer of the property and builder of the homes within this new neighborhood. The primary contact for Pulte is: Paul Heuer, Director of Land Planning & Entitlement 7500 Flying Cloud Drive, Suite 670 Eden Prairie, MN 55344 952-229-0722 Paul.Heuer@PulteGroup.com The owner of the property is: Rockport LLC 14698 Galaxie Avenue Apple Valley, MN 55124 Property Legal Descriptions & Addresses Legal Description: The North ½ of the Southeast ¼ of Section 35, Township 115, Range 20, Dakota County, Minnesota, except that part platted as REGENTS POINT and also excepting those parts platted as QUARRY PONDS FOURTH ADDITION and QUARRY PONDS FIFTH ADDITION. Address: 15497 Pilot Knob Road Apple Valley, MN 55124 2 Key Facts • Existing zoning is Sand and Gravel (SG) • Proposed zoning is Multiple Family Residential District (M-6) • Proposed use is 101 multiple family residential townhomes • Property area = 9.86 acres • Density = 10.2 units/acre • Maximum allowed building coverage is 25%. This application is at 20.7%. • Key dimensions o 24-foot private streets (face to face) o 40-foot setback along Johnny Cake Ridge Road and 157th St. West o 25-foot setback to regional ponding outlot to the east o 25-foot setback to the north o Distance between sides of buildings must be 15-feet or half of the combined heights of buildings, which is 29.5-feet. We used 30-feet separation. o Distance between fronts, rears, or rear and sides must be 50-feet or half of the combined heights (29.5-feet). We used 50-feet. Neighborhood Vision This property is well suited for multiple family residential housing due to its proximity to major transportation corridors, Quarry Point Park, the park and ride facility, retail establishments, and the future County regional trail planned immediately to the east of the neighborhood. Our vision is to target singles, young couples, young families, and even some empty nesters to own a home in a well-located area with access to many community amenities and within the highly rated RAVE school district. We have spent a considerable amount of time creating a neighborhood which is attractive and functional, while delivering an attainable price point. The above listed nearby amenities are very attractive to these home buyers. Whenever we are creating a sizable new neighborhood with townhomes, we take great care in creating variation throughout the neighborhood to make it attractive from the outside and feel livable from within. We utilized the following techniques to accomplish these goals: 1. Building Orientation - One important design attribute that can make a townhome neighborhood feel more “livable” is to vary the orientation of the buildings. This prevents the feeling of “barracks” that can sometime occur if attention is not placed on the geometric layout of the neighborhood. W e have purposely utilized different strategies that result in the building orientations varying throughout the neighborhood. This variation in the orientation of the buildings is a key component in making a townhome neighborhood feel attractive and “livable.” Please also note that we are positioning all garages to face inward, thereby displaying the attractive “fronts” of the buildings outward, specifically along 157th Street, Johnny Cake Ridge Road, and along the regional stormwater pond that is visible from the future retail and the trails planned through the area. 2. Entrance experience – At the primary entrance to the neighborhood off 157th St. West, we have purposely left open space on both sides of the road and beyond the first intersection. This, along with the addition of a center median, creates a pleasant and welcoming arrival to the new neighborhood. The visual impact of having open space at the first intersection is powerful and delivers a message of quality and attention to detail. 3 In addition, placing amenities at this location (discussed in the next section) increases social interaction since cars driving into the neighborhood will see neighbors who are using the amenities. 3. Private amenities - A key part of creating new neighborhoods is understanding our customers and anticipating their desires. This property is fortunate to have a very strong location surrounded by a variety of recreational, retail, and convenience-oriented amenities. Increasingly we are finding that our buyers would like social gathering areas within their neighborhoods. This is an important priority for many of our customers, and the size of this neighborhood is large enough to economically sustain such an amenity. Additional market research is necessary, but we are considering constructing a private tot lot and fire pit gathering area that will be owned and maintained by the neighborhood homeowner’s association. 4. Pedestrian connectivity – A Dakota County regional trail is planned just to the east of the Shores which utilizes a tunnel beneath 157th Street West. In addition, there are sidewalks along both sides of 157th Street West, guiding pedestrians from the Shores to Quarry Point Park, the park and ride, and retail establishments to the east. A trail is planned along Johnny Cake Ridge Road as well. Within the neighborhood, we have designed a pedestrian system that conveniently connects to internal private amenities and the perimeter trail and sidewalk systems. This neighborhood is thoroughly integrated into the perimeter pedestrian systems. The applications included in this submittal pertain only to the area containing the 101 homes. However, we have also prepared and submitted a larger “ghost plat” for additional property which shows how this neighborhood could logically be expanded to the north in the future. Previous Application We submitted a Sketch Plan application for this property earlier this year and went before the Planning Commission on June 20th. Feedback was positive. Since then, the layout of the neighborhood was revised in a few minor ways to conform with City ordinances and City staff comments: 1. Perimeter setbacks were increased 2. Some internal dimensions were increased 3. Access to future Johnny Cake Ridge Road was moved slightly north Zoning & Comp Plan Guidance Existing zoning of the property is Sand and Gravel (SG). We are applying to rezone the site to Multiple Family Residential District M-6. The current 2030 Comprehensive Plan designates the site as Low Density Residential (LD) with a density of 2 to 6 units/acre and High Density Residential (HD) with a density of 12+ units/acre. The draft 2040 Comprehensive Plan designates the site as High Density Residential (HD) with a density of 12+ units/acre. The density of the Shores is 10.3 units/acre, which is similar to the overall density outlined in the 2030 Comprehensive Plan and slightly below the density outlined 4 in the 2040 Comprehensive Plan. As part of this application, we are requesting a Comprehensive Plan amendment to Medium Density Residential (MD) with a guided density range of 6 to 12 units/acre. The range of density in the M-6 zone is 8 to 10 units/acre with three-story homes. Our density is slightly higher (10.2) than this range. We are utilizing zoning ordinance section 155.080 to apply a bonus density, for which the range of densities is 10 to 12 units/acre. Density bonuses are allowed for six different categories. The Shores provides common open space (a), private outdoor space (b), sound suppression (c), and private amenities (f). However, categories a, b, and f are somewhat complicated calculations. Since we are only requesting a bonus density of 0.3 units/acre, we will show the simple calculation for item c: sound suppression. “(c) Sound suppression: 1.50 units/acre. This bonus shall be granted when multiple residential buildings are constructed with upgraded sound suppression materials in the walls, ceilings and floors which separate individual dwelling units. In order to be eligible, the STC rating must be increased by ten from that specified as the minimum in the Minnesota State Building Code.” The Minnesota state code calls for not less than a rating of STC 45. We will be using a rating of STC 56, which is an increase of 11 or 24%. This brings the allowable density to 11.5 units/acre, well beyond the proposed 10.3 units/acre. Park Dedication The Comprehensive Plan does not show a need for additional park land in this area. It is our understanding that the City would like to build a trail around the regional pond planned to the east. The land supporting this trail equates to 0.28 acres. See attached exhibit. We are assuming that the City would like this trail built in conjunction with development of this neighborhood. Therefore, park dedication will be satisfied by a combination of fees, trail land, and trail construction. If the City does not want this trail, then we will not construct it and park dedication will be fulfilled through park dedication fees. It should be noted that the City’s park dedication fees do not provide the necessary legal nexus between need and the fee amounts. It results in townhomes paying more than they should. Park needs are commonly determined by the number of people living in an area. However, your park dedication fee is calculated based on land value. On a per unit basis, multiple family homes pay a higher amount than single family homes even though on average a multiple family home has less people than a single-family home. We recommend that you revise your park dedication fees to correlate the fees with the generated demand (people per household). We also request that the Shores be credited after this change is made to your ordinance. The examples in your 2018 fee schedule result in a fee of $4,512.08/unit for townhomes and $1,935.00/unit for single family homes. From our experience, the per unit park dedication fee for multiple family homes should be significantly less than for single family homes. Infrastructure City infrastructure is in place to serve this new neighborhood. 5 157th Street West is in place to serve Phase 1. It is our assumption that extension of Johnny Cake Ridge Road will occur in conjunction with development of Phase 2. Internal streets will be designed to standard private street requirements and will be privately owned and maintained by the homeowner’s association. Sewer and water have both been extended to the property. Sewer and water extended through the neighborhood will be publicly owned and maintained within drainage and utility easements. The current land owner is working with City staff on the design and construction of a regional storm water facility directly to the east of the neighborhood. Storm sewer constructed within the neighborhood will be privately owned and maintained by the homeowner’s association. The current property is being mined under a Conditional Use Permit. One requirement of this permit relates to perimeter berming requirements. As part of our plan set, we are showing a relocation of existing berming from immediately north of 157 Street West to immediately north of the new neighborhood. This will result in both compliance with the existing CUP as well as providing adequate screening/buffering between the land uses. Our Homes Pulte Homes is known for the extraordinary steps that we take to ensure that we are designing and building homes that meet the needs and desires of home buyers. We continually reach out to the public and Pulte homeowners to get feedback to improve our home designs. W e call this Life Tested®. The Shores will have versatile 3-story rowhomes, which will provide association-maintained lawn, snow removal, and building exterior maintenance. This type of home appeals to many singles, first-time home buying couples, young families, and even some empty nesters. We built almost identical homes in the Cobblestone neighborhood in 2016-2017 in “Trey Point,” and the product was well received and sold out in less than 15 months. We anticipate the townhome prices to range from the high $200k’s to the mid $300k’s. Architecture Background For a variety of reasons, very few townhomes were built after the real estate crash began in 2007. Pulte and other builders have recently begun to carefully venture back into the townhome market. Given the long time span since rowhomes in have been built, the market environment has changed significantly, including the tastes and needs of the buying public. In response, Pulte has completed in-depth consumer surveys and designed what could be considered “version 2.0” for rowhomes. “Version 1.0” Rowhome Architecture One of the original primary drivers of sales for rowhomes is that it expands the range of consumers who can afford home ownership. In “version 1.0”, this was typically accomplished by having identical floor plans and many exterior units being identical in appearance. A common theme was that some or most of the units within a building would have the same exterior 6 elevation. Another common theme was to have the same color scheme or two alternating color schemes for all individual units. “Version 2.0” Rowhome Architecture With Pulte’s version 2.0, our goal is to maintain some level of price attainability, but to improve on the historical rowhome architectural themes. Our overall approach is to “individualize and stylize” each unit. The result is individual units which differ in architecture from all other units within the same building and which vary in color scheme from most homes within the neighborhood. This is a significant advancement in the approach to rowhome architecture. Our new rowhome incorporates the following individualizing features: a) Significant number of and varying orientation of windows providing interest to the exterior and transparency and daylighting on the interior b) Windows and building corners are wrapped with trim c) Different types of gables d) Pediments and brackets within the gables to add interest e) Window shutters f) Porches g) Horizontal banding boards between floors to add variety and differentiation h) Articulation of each unit; each unit is offset in depth from the adjacent units by two feet; this creates shadows which visually “break up” the front of the building i) Varied color scheme for each unit and for most units within our community (for example, we may have 25 different color schemes throughout the neighborhood) The result is that each unit will appear unique and distinct. See attached photos and elevations of Elevation A. Due to the size of this neighborhood, we wish to provide additional architectural variety. Therefore, we are introducing an upgraded Elevation B that includes additional architectural treatments such as: a) Cultured stone b) Bump outs c) Dormers d) Pediments, and e) Different siding patterns/materials. See attached photos and elevations of Elevation B. We will be interspersing Elevations A and B throughout the neighborhood. Over 1/3 of the buildings will have Elevation B. We will focus on displaying Elevation B in the high visibility locations along 157th Street West, Johnny Cake Ridge Road, and along the public open space to the east. The combination of varying the building orientation, elevation, and color schemes will result in an attractive and thoughtfully planned neighborhood. 7 Architectural Compliance City ordinance describes the following architectural requirements for multiple family residential districts: 1. “The proposed materials represent the same or similar materials used on at least 66.7% and of the existing buildings within 350 feet of the site. 2. The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required. 3. The materials have the appearance of wood siding having a maximum plank width of 12 inches. Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood or similar materials be used which have no three-dimensional relief, nor shall plain or painted plain concrete block be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block.” We comply with all the above requirements. There are not many homes built within 350 feet. However, those built are single family homes that primarily utilize vinyl siding. Some homes have cultured stone accents. Our homes will also utilize vinyl siding. All buildings with Elevation B will have cultured stone accents. The materials of our homes will be comparable in grade and quality as the single-family homes. The primary difference in architecture between the adjacent single-family homes and our homes is that our garages will be hidden from public view locations. New Approach to Rowhome Floor Plans We realize that the City is primarily interested in exterior architecture. However, it is worth noting that our approach to “individualized and stylized” rowhome units extends to the interior as well. Buyers can choose from a range of options that are not typically seen in version 1.0 floor plans: a) 3 bedrooms with options for a 4th b) 2 car garages with an option for a 3rd tandem stall c) Two owner suites in lieu of one owner suite and two smaller bedrooms d) 1st floor flex room and additional bathroom We believe that floor plan versatility and individualization at the scale offered with this design is unmatched in the Twin Cities market. Building Height It should be noted that our buildings (46-feet to roof peak) are 1-foot taller than allowed by your ordinance (45-feet). Therefore, we will be redesigning and redrawing our homes to have a flatter roof pitch that will meet the City ordinance. We have begun the redesign process and are including an early version of it. See attached elevations. Phasing & Schedule The following preliminary schedule for development is envisioned based on current information: Winter 2018/2019 Preliminary plat approval Summer/Fall 2019 Development of Phase 1 8 Fall 2019 Open model home and begin sales 2020 Development of Phase 2 2022-2023 Full build out See attached Phasing Plan for a graphic representation. This submittal includes: • This narrative • Application • Escrow agreement • Application fee totaling $2,253 and escrow totaling $3,063.74; Total = $5,316.74 • Mailing labels • Preliminary Plat package – plat, engineering, landscape architecture • Preliminary Plat – graphic rendering • Architectural package • Phasing plan I T E M: 4.G. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A dopt Resolution A ccepting Easements for Project 2016-138, S ignal Modifications at 140th S treet and Galaxie Avenue S taff Contact: B randon A nderson, City Engineer Department / Division: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution accepting easements for Project 2016-138, Signal Modifications at 140th Street and Galaxie Avenue. S UM M ARY: In order for the project to occur, it was necessary to obtain temporary easements and permanent trail easements from four (4) impacted properties along the north side of 140th Street east of Galaxie Avenue. On May 31, 2018, three (3) of the easements were donated. On J anuary 2, 2019, the C ity obtained the final trail easement from the resident adjacent to the northeast corner of the intersection. T he bituminous trail along the north side of 140th Street was constructed in the fall of 2019. Restoration and trees along this property will be completed in the spring of 2019 as part of the project. B AC K G RO UND: City Council adopted Resolution 2016-46 on March 24, 2016, directing the preparation of plans and specifications for Project 2016-138, 2016 Galaxie Avenue and 140th Street Traffic Signal Improvements. Resolution 2017-116 was adopted by C ity Council on J uly 27, 2017, amending plans and specifications for Project 2016-138, 2016 Galaxie Avenue and 140th Street Traffic Signal Improvements. T he MnD O T Metro State Aid Office approved the plans on March 6, 2018. City C ouncil adopted Resolution 2018-37 on March 22, 2018, approving plans and specifications and directing receipt of bids for Project 2016-138, Signal Modifications at 140th Street and Galaxie Avenue. T he City's 2017 C apital Improvement Program identifies modifications to the signal system including flashing yellow arrow modifications for each intersection approach, pedestrian ramps and additional designated right turn lanes eastbound and westbound on 140th Street associated with the 140th Street and Galaxie Avenue intersection. On J une 14, 2018, the C ity Council adopted Resolution 2018-79 accepting permanent and temporary trail easements from three (3) of the four (4) residents needed for Project 2016- 138, Signal Modifications at 140th Street and Galaxie Avenue. T he City C ouncil adopted Resolution 2018-78 on J une 14, 2018, authorizing Project 2016- 138, Signal Modifications at 140th Street and Galaxie Avenue. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Easement Resolution TRAIL EASEMENT This Trail Easement is made this -~t day of 1~tJll,b,:~'( , 2019, between Soe S. Lwin, (hereinafter referred to as "Landowner"), and the City of Apple Valley, a Minnesota municipal corporation, organized under the laws of the State of Minnesota (hereinafter referred to as "City"). WI TN E S S E T H: That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns , a perpetual trail easement over, under and across the property as described in Exhibit "A," attached hereto and incorporated herein, together with a temporary construction easement for site grading purposes over and across the property as described in Exhibit 'A." The Temporary construction easement shall expire on December 31 , 2018 . The grant of the foregoing temporary easement for site grading purposes includes the right of the City, its contractors , agents and servants to enter upon the premises at all reasonable times to construct, reconstruct and inspect site grading and the further right to remove trees, brush, undergrowth and other obstructions. After completion of such construction, maintenance, repair or removal , the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of trees , brush, undergrowth and other obstructions, subject only to permanent easement alterations . The grant of the foregoing permanent easement for trail purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a sidewalk and/or trail and erect and maintain signs in conjunction with the public's use of said sidewalk and/or trail and any signs erected in conjunction with the use of the sidewalk and/or trail. And the Landowner, for itself, and its successors and assigns , does covenant with the City, its successors and assigns , that it is the fee owner of the lands and premises aforesaid and has good right to grant and convey the easements herein to the City. IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written . OWNER: Maung Aunt as atto~ STA TE OF MINNESOTA ) ) ss. COUNTY OF '}f>. Y. O '\ ~ ) The foregoing instrument was acknowledged of Jt?,rJv-~1 , 2019 , by Maung Aunt. Notary Public --;-;w·.,.-... ,"~'" ,!(~~:} .., SAW WIN Notary Public Minnesota My comm. Expires J1n31.?rzo __ THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P .A. 14985 Glazier A v enue, Suite 525 Apple Valley, MN 55124 (952) 953-8847 2 this day EXHIBIT A Permanent Easement The South 12 .00 feet of Lot 7, Block 1, GREENLEAF PARK ESTATES 2ND ADDITION, according to the plat thereof, on file and of record in the office of the County Recorder, Dakota County, Minnesota. Temporary Easement The North 11.00 feet of the South 23.00 feet of Lot 7, Block 1 , GREENLEAF PARK ESTATES 2N° ADDITION, according to the plat thereof, on file and of record in the office of the County Recorder, Dakota County, Minnesota . i ,,,. D i ,,,. ~ N "' ,,,. >, t ~ I EASEMENT EXHIBIT 13949 Fairlawn Ave Apple Valley, MN 55124 ------:-:=--\ \ I I ------\ FAIRLAWN AVE. ----/ \ ' I ' ) ;- " • I I .. -, ... I , t:: 1\1 I ... H "' I • ·-.. _ I\ I ' " . . , ... ,... -,-, /-\ I I I I I 7 . ., . ., I I \ LOT8 LOT6 LOT7 BLOCK 1 DRAINAGE & UTILITY _,/A EASEMENT LINE -·•) · _/ ~ :-' N g--6 j_ i \_ 0 L. S . LINE LOT 7 ________ SOUTH LINE OF SOUTHEAST ( QUARTER -SEC . 22 -T115N -R20W 140TH STREET \ For illustration 0 I I scale I t 20 40 I I feet Scale in Feet: 1" • •o· EXISTING DRAINAGE & UTILITY EASEMENT LINE PERMANENT EASEMENT LINE TEMPORARY EASEMENT LINE EXISTING PROPERTY LINE EXISTING RIGHT-OF-WAY LINE PERMANENT EASEMENT TEMPORARY EASEMENT SURVEY NOTES: -PERMANENT EASEMENT EQUALS 2087 SQUARE FEET. -TEMPORARY EASEMENT EQUALS 1793 SQUARE FEET ~1------....-------------------------------r--------------.---------------r-------t i9 M DRAWN BY : GUMH ... :;;: .. 8: CHECKED BY : ...QL ~ , SURVEYED BY: ..QL ~ ~ Lot 7, Block 1 GREENLEAF PARK ESTATES 2ND ADD_ Dakota County, Minnesota ~ SEH PHONE: 651 -'91 2000 3535 VADNAIS CENTER DRIVE VADNAIS HE IGHTS, MN 55110-5196 www.sehinc .com 2 MJH 3123/18 EXPANDED EASEMENTS 3 MJH 5/01/18 DELETED "PROPOSED" NO. BY DATE REVISIONS FILE NO . 143221 DATE 1/22/18 REV. NO . 3 ;;; CX) a, ~ ' ' ., Q • .,, > .. ~ • ... C .. E .. " .:l >, ~ "ii > i .,, Q • 1' !!? .,, A y ::)! .,, >, f L ~ I EASEMENT EXHIBIT 13949 Fairlawn Ave Apple Valley, MN 55124 I --------\ FAIRLAWN AVE. I I -- r- • I 1\1 I • . I L .. -•• .. _ I r , H I ' I , r-, ,'-\ r, I I .. ., -,- 1 I LOT6 _/ ~ N o 0 I . N g--6 0 SO UTH LINE O F SOUTHEAST r ······ Q UARTER -SEC . 22 -T1 15N -R20W \ LOT? \ LOTS BLOCK 1 DRAINAGE & UTILI TY __ _,,A._ EASEMENT LIN E -·•-, · L i \_ I t •• S . LINE LOT 7 140TH STREET o I I scale I • 20 40 I I feet Scale in Feet: 1" • 40' EXISTING DRAINAGE & UTILITY EASEMENT LINE PERMANENT EASEMENT LINE TEMPORARY EASEM ENT LINE EXISTING PROPERTY LINE EXISTING RIGHT-OF-WAY LINE PERMANENT EASEMENT TEMPORARY EASEM ENT S URVEY NOTES : -PERMANENT EASEMENT EQUALS 2087 SQUARE FEET. -TEMPORARY EASEMENT EQUALS 1793 SQUARE FEET ~1------.--------------------------------r--------------.---------------,--------t m • DRAVVN BY : G~ ;: .. ! CHECKED BY : _QL ;s ~ SURVEYED BY : -2,L ;s ix Lot 7 , Block 1 GREENLEAF PARK ESTATES 2ND A DD. Dakota County , Minnesota ~ SEH PHONE: 651 491 2000 3535 VADNAIS CENTER DRIVE VADNAIS H EIGHTS, MN 55110-5196 www.sehinc .com 2 MJH 3/23/18 EXPANDED EASEMENTS 3 MJH S/01/18 DELETED "PROPOSED" NO. BY DATE REVISIONS Soe Lwi n 13949 Fa irlaw n Ave . Apple V alley , MN 55124 Easement Exh i b it P.1.0 . # 0 1.310 51.0 1.070 FILE NO. 143221 DATE 1/22/18 REV. NO . 3 j Soe Lw in 13949 Fa irlawn Avenue Apple Vall ey, M N PID 01 .31051.01.070 Permanent Easement The South 12.00 feet of Lot 7, Block 1, GREENLEAF PARK ESTATES 2N D ADDITION , according to the plat thereof, on file and of record in the office of t he County Recorder, Dakota County, Minnesota . Temporary Easement The North 11 .00 feet of the South 23.00 feet of Lot 7, Block 1, GREENLEAF PARK ESTATES 2ND ADDITION , according to the plat thereof, on file and of record in the office of the County Recorder, Dakota County, Minnesota . AFFIDAVIT BY ATTORNEY-IN-FACT STATE OF MINNESOTA } ss. Maug Aunt, being first duly sworn on oath says that: 1. Affiant is the Attorney-in-Fact named in that certain Power of Attorney dated 1-Z, -rO f,i 2018 , executed by Soe S . Lwin as Grantor and Principal, of Dakota County, Minnesota, relating to real property in Dakota County, Minnesota, legally described as follows : Lot 7 , Block 1, Greenleaf Park Estates 2nd Addition, according to the plat thereof, on file and ofrecord in the office of the County Recorder, Dakota County, Minnes ota. 2. Affiant does not have actual knowledge and has not received actual notice of the revocation or termination of the Power of Attorney by Grantor 's death , incapacity, incompetence, or otherwise, or notice of any facts indicating the same. 3. Affiant has examined the legal description(s), if any, attached to this Power of Attorney, and certifies that the description(s) hav e not been changed, replaced, or amended subsequent to the signing of said Power of Attorney by the Principal. Ma ugAun~, STATE OF MINNESOTA IJ)~~of\O< COUNTY OF } ss. -------- Subscribed and sworn to before me thi s 1~-dayof '.J~ vs.~, 2019. SAW WIN Notary Pub li c Minnesota My Comm. Expires , • ·'-..!!!!_.:./ Jan 31, 2020 6-~JO"l"~~....,...-- This Affidavit Drafted by: Apple Valley City Attorney Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier A v enue, Suite 525 Apple Valley, MN 55124 Signature of Notary Public or Other Official ' STATUTORY SHORT FORM POWER OF ATTORNEY MINNESOTA STATUTES SECTION 523.23 Before completing and signing this form , the principal must read and initial the IMPORTANT NOTICE TO PRINCIPAL that appears after the signature lines in this form. Before acting on behalf of the principal, the attorney(s)-in-fact must sign this form acknowledging having read and understood the IMPORTANT NOTICE TO ATTORNEY(S)-IN-FACT that appears after the notice to the principal. ATTORNEY(S)-IN-FACT MAUNG AUNT 13949 FAIRLAWN A VENUE A PP LE VALLEY, MN 55 12 4 PRINCIPAL SOE S. LWIN 13949 FAIRLAWN AVENUE APPLE VALLEY, MN 55124 Notice: If more than one attorney-in-fact is designated to act at the same time, make a check or "x " on the line in front of one of the following statements: X Each attorney-in-fact may independently exercise the powers granted. All attorneys -in-fact must jointly exercise the powers granted . EXPIRATION DATE (Optional) (Use Specific Month, Day, Year Only) I, SOE S. LWIN , (the above named Principal), hereby appoint the above named Attorney(s)-in- Fact to act as my Attorney(s) in-Fact: FIRST: To act for me in any way that I could act with respect to the following matters, as each of them is defined in Minnesota Statutes section 523.24: (To grant to the attorney-in-fact any of the following powers, make a check or "x" on the line in front of each power being granted. You may, but need not, cross out each power not granted . Failure to make a check or "x" on the line in front of the power will have the effect of deleting the power unless the line in front of the power of (N) is checked or x-ed .) X (A) real property transactions; I choose to limit this power to the establishment of a Trail Easement located on the real property in Dakota County Minnesota, described as follows : Lot 7, Block 1, Greenleaf Park Estates 2nd Addition, according to the plat thereof and of record in the office of the County Recorder, Dakota County, Minnesota. (B) tangible personal property trans actions; (C) bond, share, and commodity transactions ; (D) banking transactions ; (E) business operating transactions ; (F) insurance transactions; (G) beneficiary transactions ; (H) gift transactions ; (I) fiduciary transactions; (J) claims and litigation; (K) family maintenance; (L) benefits from military serv ice; (M) records , reports , and statements; (N) all of the powers listed in (A) through (M) above and all other matters, other than health care decisions under a health care directive that complies with Minnesota Statutes, chapter 145C . SECOND: (You must indicate below whether or not this power of attorney will be effective if you become incapacitated or incompetent. Make a check or "x" on the line in front of the statement that ex presses your intent.) X This power of attorney shall continue to be effectiv e if I become incapacitated or incompetent. This power of attorney shall not be effective if I become incapacitated or incompetent. THIRD: My attorney(s)-in-fact MAY NOT make gifts to the attorney(s)-in-fact, or anyone the attorney(s)-in-fact are legally obligated to support, UNLESS I have made a check or an "x " on the line in front of the second statement below and I hav e written in the name(s) of the attorney(s)-in-fact. The second option allow s you to limit the gifting power to only the attorney(s)-in-fact you name in the statement. 2 Minnesota Statutes section 523.24, subdivision 8, clause (2), limits the annual gift(s) made to my attorney(s)-in-fact, or to anyone the attorney(s)-in-fact are legally obligated to support, to an amount, in the aggregate, that does not exceed the federal annual gift tax exclusion amount in the year of the gift. X I do not authorize any of my attorney(s)-in-fact to make gifts to themselves or to anyone the attorney(s)-in-fact have a legal obligation to support. I authorize ________ , as my attorney(s)-in-fact, to make gifts to themselves or to anyone the attorney(s)-in-fact have a legal obligation to support. FOURTH: (You may indicate below whether or not the attorney-in-fact is required to make an accounting . Make a check or "x " on the line in front of the statement that expresses your intent.) X My attorney-in-fact need not render an accounting unless I request it or the accounting is otherwise required by Minnesota Statutes, section 523 .21. My attorney-in-fact must render [Monthly, Quarterly, Annual] accountings to me or __________________ (Name and Address) during my lifetime, and a final accounting to the personal representative of my estate, if any is appointed after my death. In Witness Whereof I have hereunto signed my name this -z,. 'Ylf day of ·1 ~wYvf · 2019. STATE OF MINNESOTA COUNTY OF DAKOTA } ss . S,t>e q,D6 Lt-v/~ SOE S. LWIN The foregoing instrument was acknowledged before me this by SOE S. LWIN . Notary Stamp or Seal (o r other Title or Rank) SAWWltl Notary Public Minne sota My Comm . Expires Jan 31, 2020 Signature of Not ry Public or Other Official 3 Acknowledgement of notice to attorney(s)-in-fact and specimen signature of attorney(s)-in- fact. By signing below, I acknowledge I have read and understand the IMPORTANT NOTICE TO ATTORNEY(S)-IN-FACT required by Minnesota Statutes section 523.23 , and understand and accept the scope of any limitations to the powers and duties delegated to me by this instrument. (Notarization not required) MAUNG AUNT Specimen signature of Attorney(s)-in-Fact (Notarization not required) MAUNG AUNT re This instrument drafted by: Apple Valley City Attorney Dougherty, Molenda, Sol fest , Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 4 IMPORTANT NOTICE TO THE PRINCIPAL READ THIS NOTICE CAREFULLY. The power of attorney form that you will be signing is a legal document. It is governed by Minnesota Statutes chapter 523. If there is anything about this form that you do not understand, you should seek legal advice . PURPOSE: The purpose of the power of attorney is for you, the principal, to give broad and sweeping powers to your attorney(s)-in-fact, who is the person you designate to handle your affairs. Any action taken by your attorney(s)-in-fact pursuant to the powers you designate in this power of attorney form binds you, your heirs and assigns , and the representative of your estate in the same manner as though you took the action yourself. P OWERS GIVEN: You will be granting the attorney(s)-in-fact power to enter into transactions re lating to any of your real or personal property, even without your consent or any advance notice to you. The powers granted to the attorney(s)-in-fact are broad and not supervised. THIS POWER OF ATTORNEY DOES NOT GRANT ANY POWERS TO MAKE HEAL TH CARE DECISIONS FOR YOU. TO GIVE SOMEONE THOSE POWERS, YOU MUST USE A HEALTH CARE DIRECTIVE THAT COMPLIES WITH MINNESOTA STATUTES CHAPTER 145C . DUTIES OF YOUR ATTORNEY(S)-IN-FACT: Your attorney(s)-in-fact must keep complete records of all transactions entered into on your behalf. You may request that your attorney(s)-in- fact provide you or someone else that you designate a periodic accounting, which is a written statement that gives reasonable notice of all transactions entered into on your behalf. Your attorney(s)-in-fact must also render an accounting if the attorney-in-fact reimburses himself or herself for any expenditure they made on behalf of you. An attorney-in-fact is personally liable to any person, including you , who is injured by an action taken by an attorney-in-fact in bad faith under the power of attorney or by an attorney-in-fact 's fai lu re to acco unt when the attomey-in- fact has a duty to account under this section. The attorney(s)-in-fact must act with your interests utmost in mind. TERMINATION: If you choose, your attorney(s)-in-fact may exercise these powers throughout your lifetime, both before and after you become incapacitated. However, a court can take away the powers of your attorney(s)-in-fact because of improper acts. You may also revoke this power of attorney if you wish. This power of attorney is automatically terminated if the power is granted to your spouse and proceedings are commenced for dissolution, legal separation, or annulment of your marriage. This power of attorney authorizes, but does not require, the attorney(s)-in-fact to act for you. You are not required to sign this power of attorney , but it will not take effect without your signature. You sho uld not sign this power of attorney if you do not understand everything in it, and what your attorney(s)-in-fact wi ll be able to do if you do sign it. Please place your initials on the following line indicating you have read this IMPORTANT NOTICE TO THE PRINCIPAL: A..fil__ (Initials of Principal) 5 • IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FACT You have been nominated by the principal to act as an attorney-in-fact. You are under no duty to exercise the authority granted by the power of attorney . However, when you do exercise any power conferred by the power of attorney, you must: (1) act with the interests of the principal utmost in mind; (2) exercise the power in the same manner as an ordinarily prudent person of discretion and intelligence would exercise in the management of the person's own affairs ; (3) render accountings as directed by the principal or whenever you reimburse yourself for expenditures made on behalf of the principal; (4) act in good faith for the best interest of the principal, using due care, competence, and diligence ; (5) cease acting on behalf of the principal if you learn of any event that terminates this power of attorney or terminates your authority under this power of attorney, such as revocation by the principal of the power of attorney, the death of the principal , or the commencement of proceedings for dissolution, separation, or annulment of your marriage to the principal; (6) disclose your identity as an attorney-in-fact whenever you act for the principal by signing in su bstantiall y the following manner: Signature by a person as "attorney-in-fact for (name of the principal)" or "(name of the principal) by (name of the attorney-in-fact) the principal 's attorney- in-fact"; (7) acknowledge you have read and understood this IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FAC T by signing the power of attorney form. Yo u are personally liabl e to any person, including the principal, who is injured by an action taken by you in bad faith under the power of attorney or by your failure to account when the duty to account has arisen . The meaning of the powers granted to you is contained in Minnesota Statutes chapter 523 . If there is anything about this document or your duties that yo u do not understand , yo u should seek legal advice. 6 CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION ACCEPTING EASEMENTS FOR CITY PROJECT 2016-138, SIGNAL MODIFICATIONS AT 140TH STREET AND GALAXIE AVENUE WHEREAS, in order to construct the improvements it was necessary to acquire temporary easements AND Trail Easements from residents; and WHEREAS, the City Council believes it to be in the best interest of the City to accept the permanent and temporary easements necessary for construction and perpetual existence of the improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. The City of Apple Valley has accepted a permanent trail easement dated January 2, 2019, from Maung Aunt as attorney-in-fact for Soe S. Lwin, consisting of an area of 2087 sf, in consideration of the sum of One Dollar ($1.00). 2. The City of Apple Valley has accepted temporary easements dated January 2, 2019, from Maung Aunt as attorney-in-fact for Soe S. Lwin, consisting of an area of 1793 sf, in consideration of the sum of One Dollar ($1.00). 3. No other goods or services were provided by the City of Apple Valley in consideration of said easements. ADOPTED this 14th day of February, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.H. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving P lans and Specifications for P roject 2019-101, 2019 S treet and Utility I mprovements, and A uthorizing A dvertising for Receipt of B ids, at 10:00 a.m. on March 12, 2019 S taff Contact: B randon A nderson, City Engineer Department / Division: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution approving plans and specifications for Project 2019-101, 2019 Street and Utility Improvements, and authorizing advertising for receipt of bids, at 10:00 a.m. on March 12, 2019. S UM M ARY: T he C ity of Apple Valley 2018-2022 Capital Improvement Program identifies potential utility replacement and street reconstruction work on the following streets in the A pple Valley 11th and 12th neighborhoods: Lowell Drive Lowell C ircle Elm Drive Ramsdell Drive Baldwin Drive Baldwin C ircle Scope of work includes total replacement of approximately 6,000 linear feet of sanitary sewer, water main and storm sewer and street and sidewalk reconstruction. Also, the existing 28’ roadway will be widened to 32’ to provide additional on-street parking for park and recreation related events along the south side of Baldwin D rive from Baldwin Circle to Lowell Drive. An 8’ bituminous trail will be added from Garden View to Hopewell Lane along the south side of Baldwin Drive for increased pedestrian accessibility. A map of the proposed project area is attached (Figure: 1). B AC K G RO UND: T he City Council adopted Resolution 2018-119 on August 23, 2018, directing the preparation of plans and specifications for Project 2019-101, 2019 Street and Utility Improvements. B UD G E T I M PAC T: Project costs and funding included in the adopted 2019 operating budget are summarized as follows: Estimated Project C osts: C onstruction Cost $ 3,576,366 C onstruction Contingency (6%)223,522 Engineering, C ontract Admin, Inspection, Testing, Survey (19%)670,569 Total Estimated C ost $ 4,470,457 Estimated Project Funding Water Utility $ 915,247 Sanitary Sewer Utility 959,454 Storm Sewer Utility 637,920 Road Improvement Fund 1,957,836 Total Estimated Funding $ 4,470,457 AT TAC HM E NT S : Map Resolution Exhibit 150th Street W (CSAH 42)Redwood DriveRedwood DriveWhitney Drive Rom e Drive Rome CourtRe d w o o d Cir c l e Keller Lake Ro a d City of Burns vill e Hopewell LaneLowell Drive Ramsdell Drive Baldwi n D ri v e BaldwinCirlceElm Drive2019 Street and Utility Reconstruction Figure 1 City of Apple Valley 2019 Capital Improvement Program Areas FEETSCALE 0 400200 HORZ. N CITY OF APPLE VALLEY RESOLUTION NO. 2019- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2019-101, 2019 STREET AND UTILITY IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2019-101, 2019 Street and Utility Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2019-101, 2019 Street and Utility Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2019-101, 2019 Street and Utility Improvements at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 14th day of February, 2019 __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY | PROJECT MANUAL SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:00 a.m., CDT, Tuesday, March 12, 2019, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: City Project 2019-101, 2019 STREET AND UTILITY IMPROVEMENTS 100 EA Clear and Grub Tree 5,500 LF Remove Sanitary Sewer 6,050 LF Remove Water Main 1,400 LF Remove Storm Sewer 11,500 LF Remove Curb and Gutter 66,600 SF Remove Concrete Walk or Driveway 18,150 SY Remove Bituminous Pavement 27 EA Sanitary Sewer Structure 5,550 LF PVC Sanitary Sewer 92 EA Sanitary Sewer Service 6,060 LF DIP Water Main 91 EA Water Service 45 EA Storm Sewer Structure 3,400 LF RCP Storm Sewer 9,800 CY Common Excavation 4,600 TN Select Granular Borrow 15,150 TN Cl 5 Aggregate Base 5,000 TN Bituminous Mixture 11,750 LF Concrete Curb and Gutter 81,000 SF Concrete Walk or Driveway 1 LS Revise Signal System 18,000 SY Sod 75 EA 2” Diameter Tree With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com . Contact Casy Weise at (952) 953-2590 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota EXHIBIT A I T E M: 4.I . C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving P lans and Specifications for P roject 2019-105, 2019 S treet I mprovements, and A uthorizing A dvertising for Receipt of B ids, at 10:30 a.m. on March 12, 2019 S taff Contact: B randon A nderson, City Engineer Department / Division: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution approving plans and specifications for Project 2019-105, 2019 Street Improvements, and authorizing advertising for receipt of bids at 10:30 a.m. on March 12, 2019. S UM M ARY: T he C ity of Apple Valley 2019 Capital Improvement Program identifies potential street reconstruction and maintenance work. T he scope of the project consists of the following: 142nd Street and Granite Avenue Reconstruction Fair Oak Court Reconstruction Annual Ring Route Concrete Sidewalk Repairs and Utility Street Patching Water Main Break Street Patching 160th Street Trail Resurfacing from Hyland Avenue to Harwell Avenue Energy Way Sidewalk Extension T he initial project scope of work included C edar Avenue Pedestrian Connections (with Dakota C ounty). T his work will not be included with the 2019 Street Improvement bid package but sent out as a separate quotation package at a later date. A map of the proposed project area is attached (Figure 1). T his project is tentatively scheduled for construction in 2019. B AC K G RO UND: T he C ity C ouncil adopted Resolution 2018-136 on September 13, 2018, directing the preparation of plans and specifications for Project 2019-105, 2019 Street Improvements. B UD G E T I M PAC T: Project costs and funding included in the adopted 2019 operating budget are summarized as follows: Estimated Project C osts: C onstruction Cost $ 650,000 C onstruction Contingency (10%)65,000 Engineering, C ontract Admin, Inspection, Testing, Surveying (16%)106,111 Total Estimated C ost $ 821,111 Estimated Project Funding: Road Improvement Fund $ 722,111 Water Utility Fund (Break Patching)50,000 Dakota County (Trail Surfacing)49,000 Total Estimated Funding $ 821,111 AT TAC HM E NT S : Map Resolution Advertisement for Bid 2.. 2.. 2019 Street Improvements Figure 1 City of Apple Valley 2019 Capital Improvement Program Areas FEETSCALE 0 30001500 HORZ.Flagstaff AvenueN Johnny Cake Ridge RoadDiamond PathCITY HALL BID SITE 160th Street (Co. Rd 46)Pilot Knob Rd140th Street McAndrews Rd Garden View DrCedar Ave150th Street (Co. Rd 42)Interstate 35E142ND STREET W /GRANITE AVENUE RECONSTRUCTION AND MILL AND OVERLAY FAIR OAK COURT RECONSTRUCTION ENERGY WAY SIDEWALK EXTENSIONRING ROUTE REPAIRS 160TH ST W -CSAH 46 TRAIL OVERALY FAIR JOHNNY CAKE RIDGE ROAD134TH ST W FERNANDO AVEOAK LANE FAIR OAK CTPILOT KNOB ROADENERGY WAY 150TH ST WGRANITE AVE142ND ST W CEDAR AVEPENNOCK AVE CITY OF APPLE VALLEY RESOLUTION NO. 2019- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2019-105, 2019 STREET IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2019-105, 2019 Street Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2019-105, 2019 Street Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2019-105, 2019 Street Improvements at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 14th day of February, 2019 __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY 00 11 13 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:30 a.m., CST, Tuesday, March 12, 2019, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: City Project 2019-105, 2019 Street Improvements 1200 LF Remove Curb and Gutter 2100 SY Remove Bituminous Pavement 26 EA Clear and Grub 3700 SY Mill Bituminous 1200 CY Common Excavation 1100 CY Select Granular Borrow 1000 TN Cl 5 Aggregate Base 500 LF Install Water Main 1200 TN Bituminous Mixture 1200 LF Concrete Curb and Gutter 13 EA Replacement Trees 1250 SY Sod/Seed With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2400 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota EXHIBIT A I T E M: 4.J . C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving S pecifications for Project 2019-114, F amily Aquatic Center Pool S hell Repair, and Authorizing Advertising for Receipt of Bids, at 10:00 a.m. on F ebruary 28, 2019 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: Adopt resolution approving specifications for Project 2019-114, Family Aquatic C enter Pool Shell Repair, and authorizing advertising for receipt of bids, at 10:00 a.m. on February 28, 2019. S UM M ARY: Staff is seeking authorization to advertise for receipt of bids for Project 2019-114, Family Aquatic C enter Pool Shell Repair. T he Project covers the removal and re-application of pool shell material in the main body of the pool at Apple Valley Family Aquatic Center. B AC K G RO UND: A fter years of service and seasonal acid washing prep work, areas of the Aquatic Center’s pool surface have become rough and difficult to thoroughly clean. To correct this, a re- application of Diamond Brite, Sunstone or equivalent is applied to the exposed aggregate pool finish. Rather than take on the full large scale pool at one time, the work has been divided into incremental portions over a course of years. T he diving well area of the pool was addressed in 2015. T he slide well and zero depth entry section of the pool were addressed in 2017. Bids were solicited in J anuary 2019 for this project. However, two of the three bids received did not meet the Spring 2019 completion timeline and the third bid was substantially higher than expected. All three bids were rejected by City C ouncil J anuary 24, 2019. Staff is seeking authorization to re-bid the project with an end-of-season Fall 2019 completion timeline. B UD G E T I M PAC T: Funding allocation has been included in the 2019 budget. AT TAC HM E NT S : Resolution Advertisement for Bid Exhibit Area Map CITY OF APPLE VALLEY RESOLUTION NO. 2019- RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2019-114; FAMILY AQUATIC CENTER POOL SHELL REPAIR WHEREAS, the Apple Valley City Council has reviewed specifications for Project 2019- 114, Family Aquatic Center Pool Shell Repair, copies of which are on file in the Office of the City Clerk; and WHEREAS, the City Council believes that the interest of the City would be best served by receiving sealed proposals based on said specification. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The City Clerk is hereby authorized to receive sealed bids at the time and place specified in the form of notice attached hereto as Exhibit A. 2. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 14th day of February, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Exhibit A ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY Sealed bids will be received until 10:00 a.m., Thursday, February 28, 2019, at the office of the City Clerk, City of Apple Valley, 7100 147th Street W., Apple Valley, Minnesota 55124, at which time they will be publicly opened and read, for the purpose of securing a contractor to provide: PROJECT NUMBER 2019-114; FAMILY AQUATIC CENTER POOL SHELL REPAIR Each bid shall be accompanied by a certified check, cashier’s check or a bid bond in the amount of five percent (5%) of the gross bid, made payable to the City of Apple Valley, which shall be forfeited to the City in the event the bidder fails to deliver the services. The City Council reserves the right to retain the deposits of the bidders for a period not to exceed 60 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of 30 days after the date and time set for the opening of bids. Specifications and proposal forms may be obtained from the Parks and Recreation Department at 14603 Hayes Road, Apple Valley, Minnesota 55124. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Dated this 14th day of February, 2019. Pamela J. Gackstetter, City Clerk Project 2019-114; Family Aquatic Center Pool Shell Repair - Specifications CITY OF APPLE VALLEY SPECIFICATIONS FOR PROJECT 2019 - 114; FAMILY AQUATIC CENTER POOL SHELL REPAIR January 31, 2019 GENERAL: It is the intent of these specifications, to detail the requirements for the removal and re- application of pool shell material. The focus of the project will be in the main body of the Apple Valley Family Aquatic Center’s pool, which consists of lap lanes and zero depth entry. The area of the floor and wall section is approximately 13,500 square feet. Vendors are encouraged to verify measurements. Highlighted aerial photos are included referencing the details. PROJECT SCOPE: Remove all rough and spalling plaster, cut and chip under existing tile and fittings creating a flush area for new plaster. Acid wash and or sand blast surface. Neutralize acid with baking soda or soda ash then thoroughly rinse with water. Apply bonding coat per manufacturer’s requirement in preparation for new plaster. Apply Diamond Brite, Sunstone or equivalent exposed aggregate pool finish to the pool interior. Color shall be white with blue quartz to match existing finish. The plaster will be troweled to an impervious surface not to exceed 3/8” to 1/2” thick. The tile for the racing lanes (4 lanes and 8 targets) will also be grouted as part of this project as well as the caulking of all control joints. If Diamond Brite is used it must be modified with T-K bonding agent and white Portland cement for added strength. Products will be used with the manufacturer’s requirements. AGREEMENT PARAMETERS: 1. Payment and performance bonds will be required for this project. Examples of these are included in the bid proposal package. 2. Project can be started August 27, 2019 and must be completed by September 20, 2019. Damages in the amount of $500.00 per day will be assessed thereafter until completion. 3. Proposals will be accepted until February 28, 2019. The project is scheduled to be awarded at the March 14, 2019, City Council meeting. 4. Questions and/or to arrange a site visit please contact Parks Superintendent Mike Endres at 952-953-2420. 5. A onetime in-full payment will be made upon completion and acceptance of the project. An application for final payment and all other necessary paperwork must be delivered to City Clerk Pamela Gackstetter prior to final payment. 6. Standard manufacturer’s warranty on all products shall apply and a one year guarantee on all workmanship associated with this project shall be in effect 7. The City of Apple Valley reserves the right to reject any or all proposals and make a decision in the best interest of the City of Apple Valley. I T E M: 4.K. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving P lans and Specifications for P roject 2019-121, L ebanon Cemetery B oundary Fence, and A uthorizing A dvertising for Receipt of B ids, at 10:30 a.m. on March 12, 2019 S taff Contact: B randon A nderson, City Engineer Department / Division: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution approving plans and specifications for 2019-121, Lebanon C emetery Boundary Fence, and authorizing advertising for receipt of bids at 10:30 a.m. on March 12, 2019. S UM M ARY: T he City of Apple Valley 2019 operating budget identifies the extension of the existing decorative fence and brick pillars along Pilot Knob Road, Embry Path and C ounty Road 42. A map of the proposed project area is attached (Figure: 1). A bid alternate item for landscape rock under the fence has been included as part of the bid package. T his project is tentatively scheduled for Summer 2019 Construction. B AC K G RO UND: On April 28, 2011, C ity C ouncil accepted the update to the Master Plan for the Lebanon Cemetery of A pple Valley. T he plan update provided a revised site plan that included shifting the primary site access to the future extension of Embry Path. T his was done due to the limited access onto C ounty Road 42 and Pilot Knob Road. Grading of the additional 3 acres to the C emetery property was completed in 2017 as part of Project 2017-106 along with the construction of Embry Path from County Road 42 (Project 2017-135). T he C ity C ouncil adopted Resolution No. 2017-205 on D ecember 14, 2017, directing the preparation of plans and specifications for Project 2018-109, Lebanon C emetery Fence. On J une 14, 2018, T he C ity C ouncil rejected bids, Resolution N o. 2018-81, for Project 2018-109, Lebanon Cemetery Fence, because the bids came in higher than estimated and were not beneficial to the C ity. Internal Roadways were improved and new access was constructed as part of the 2018-110 Project in lieu of constructing fence due to favorable roadway bid results. B UD G E T I M PAC T: Project costs and funding included in the adopted 2019 operating budget are summarized as follows: Estimated Project C osts: C onstruction Cost $ 272,682 C ontingency (5%)13,634 Engineering & C onstruction Admin.18,684 Total Estimated C ost $ 305,000 Estimated Project Funding C emetery Fund $ 305,000 Total Estimated Funding $ 305,000 AT TAC HM E NT S : Map Resolution Exhibit 150th Street W (CSAH 42)Pilot Knob RdEmbry PathEagle Bay Way 151st Street Upper 147th St W Energy Way 152nd St WEmory CirElysium Ave2019-121 Lebanon Cemetery Boundary Fence Figure 1 City of Apple Valley FEETSCALE 0 400200 HORZ. N Existing Chain Link Fence (2018) Existing Decorative Fence Proposed Decorative Fence Proposed Decorative Fence Existing Chain Link Fence (2018) Proposed Decorative Fence Proposed Decorative Fence Proposed Entrance Gate Existing Decorative Fence CITY OF APPLE VALLEY RESOLUTION NO. 2019- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2019-121, LEBANON CEMETERY BOUNDARY FENCE WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2019-121, Lebanon Cemetery Boundary Fence; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2019-121, Lebanon Cemetery Boundary Fence, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2019-121, Lebanon Cemetery Boundary Fence at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 14th day of February, 2019 __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:30 a.m., CDT, Tuesday, March 12, 2019, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: City Project 2019-121, LEBANON CEMETERY BOUNDARY FENCE 937 LF Decorative Metal Fence (Jerith Aluminum Fence) 2 LS Decorative Fence Gate (Ameristar Steel Gate) 10 EA 6’ Standard Brick Column 4 EA 6’ Entry Sign Brick Column 1 EA Entry Monument 1 LS Ornamental Sign Monument 2247 SF Remove existing Sod 1869 LF 5” Metal Landscape Edger 21 CY Limestone Buff Rock Mulch With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2590 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Openi ng of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota EXHIBIT A I T E M: 4.L . C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A dopt Resolution Awarding Project 2019-115, Mowing and Trimming Services 2019-2020 S taff Contact: B arry B ernstein, Director of P arks & Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Adopt resolution awarding the agreement for Project 2019-115, Mowing and Trimming Services 2019-2020, to Executive Outdoor Services, LLC , the lowest responsible bidder, for a first year cost of $107,600.00 and a second year cost of $111,875.00 including Alternate #1 for additional mowing of Lebanon C emetery as needed at $415.00 per occurrence. S UM M ARY: On T hursday, J anuary 24, 2019, sealed bids were opened for the purpose of entering into a written agreement for a two year commitment of mowing and trimming services on selected City properties. T he lowest responsible bidder was Executive Outdoor Services, LLC, for a first year cost of $110,400.00 and a second year cost of $114,675.00. After staff review and rejection of one parcel, identified as item 8 - Palomino & Well #3 on the proposal form, that cost has been reduced to $107, 600.00 the first year and $111,875.00 the second year. T he contract will be funded through individual department operations based on the property. 1. Fire Department - Stations 2. Liquor - Stores 3. Public Works Department - Lebanon Cemetery and Water Towers 4. Administration - Municipal Center 5. C ommunity Development Department - Educational Building 6. Park and Recreation Department - Parks B AC K G RO UND: T he C ity of Apple Valley has contracted out several properties for mowing and trimming services. Historically the properties have been contracted out for over eighteen years. T he properties are considered maintenance intensive and more cost effective to contract out. T he preceding contract has expired and staff is seeking authorization to once again enter into an agreement for this service. T he new two-year contract would be in effect for calendar years of 2019 and 2020. B UD G E T I M PAC T: For all properties: $107,600.00 for 2019, $111,875.00 for 2020, plus $415.00 per additional Lebanon C emetery mowing occurrence as determined by the Streets Superintendent. AT TAC HM E NT S : Resolution Bid / Quote Tabulation Proposal CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION AWARDING CONTRACT FOR PROJECT 2019-115, MOWING AND TRIMMING SERVICES 2019-2020 WHEREAS, pursuant to Resolution No. 2018-215, sealed bids have been received for Project 2019-115, Mowing and Trimming Services 2019-2020; and WHEREAS, a tabulation of said bids is attached hereto as Exhibit A; and WHEREAS, it is staff’s recommendation to exercise the right of rejection on one parcel from the project list, identified as Palomino & Well #3; and WHEREAS, it is staff’s recommendation to accept Alternate to Base Bid #1 for additional mowing at Lebanon Cemetery. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The base bid of Executive Outdoor Services, LLC, the total first year cost of $110,400.00 and a second year cost of $114,675.00, is hereby found to be the lowest responsible bid meeting specifications. 2. One parcel from the bid is hereby rejected: item 8 – Palomino & Well #3, which revises the total amount for accepted parcels to the first year at $107,600.00 and the second year at $111,875.00. 3. Alternate to Base Bid #1 on the Proposal form is hereby accepted at $415.00 per occurrence, on an as-needed basis, as determined by the Street Superintendent. 4. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Executive Outdoor Services, LLC, for its bid, the total first year cost of $107,600.00 and a second year cost of $111,875.00, plus $415.00 per additional Lebanon Cemetery mowing occurrence, in accordance with Exhibit A and the specifications heretofore approved by the Council and on file in the office of the City Clerk. The City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 2 ADOPTED this 14th day of February, 2019. ______________________________ Mary Hamann-Roland, Mayor ATTEST: ________________________________ Pamela J. Gackstetter, City Clerk Exhibit A CITY OF APPLE VALLEY PROJECT 2019-115; MOWING AND TRIMMING SERVICES 2019-2020 PROPOSAL DATE: Thursday, January 24, 2019 – 10:00 a.m. Total Base Bid Alternate #1 1 Executive Outdoor Services 1656 Friesian Street Shakopee, MN 55379 952-393-7209 Certified Check, √ Cashiers Check, Bid Bond 2019 - $110,400.00 2020 - $114,675.00 $415.00 2 Precision Landscaping & Construction Inc. 14923 Jacob Ave Hastings, MN 55033 Cell Phone: 612-369-3355 Office: 651-437-2305 --Ext. 1005 Certified Check, √ Cashiers Check, Bid Bond $169,573.40 $500.00 3 K G Landscape 10041 Polk Street NE Minneapolis, MN 55434 763-568-7251 Certified Check, Cashiers Check, Bid Bond No Bid 4 Prescription Landscape 481 Front Avenue St Paul, MN 55117 651-488-8965 Certified Check, Cashiers Check, √ Bid Bond $170,000.00 $688.00 5 Irrigation By Design 175 James Avenue N. Minneapolis, MN 55405 TonyW@irrigationbydesign.com 763-559-7771 Certified Check, Cashiers Check, Bid Bond No Bid Exhibit A CITY OF APPLE VALLEY PROJECT 2019-115; MOWING AND TRIMMING SERVICES 2019-2020 PROPOSAL DATE: Thursday, January 24, 2019 – 10:00 a.m. Total Base Bid Alternate #1 7 Enjay Property Maintenance 16741 Creekside Circle, SE Prior Lake, MN 55372 952-206-5296 (Lawn) www.Enjaypm.com info@Enjaypm.com Certified Check, √ Cashiers Check, Bid Bond $324,970.23 $1,089.00 8 Nate Peterson, Account Manager Karin's Services, LLC A Division of AAA Building Maintenance, LLC 2525 Nevada Ave., N., #303 Golden Valley, MN 55427 Office: 763-546-9131 Mobile: 952-484-0978 Nate@KarinsServices.com www.KarinsServices.com Certified Check, Cashiers Check, Bid Bond No Bid 9 Christian Outdoor Services Doug Christian Office: 320-250-9465 Mobile: 612-554-2773 christianoutdoorservices@gmail.com Certified Check, √ Cashiers Check, Bid Bond $155,759.20 $233.75 10 The Grounds Crew LLC Burnsville 12500 Chowen Avenue So., #112 Burnsville, MN 55337 952-292-3285 Certified Check, Cashiers Check, Bid Bond No Bid Present: Pamela Gackstetter, City Clerk Mike Endres, Parks Superintendent Dorene Perkins Monn, Administrative Coordinator I T E M: 4.M. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A pprove Memorandum of Agreement with A F S C ME L ocal No. 479 Establishing the 2019 City Maximum Monthly Contribution toward E mployee Group Health B enefits 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 Memorandum of Agreement with A F SC ME Local No. 479 establishing the 2019 City maximum monthly contribution toward employee group health benefits. S UM M ARY: Staff and A F SC ME Local N o. 479 representatives have reached a tentative agreement establishing the following maximum monthly contribution for represented maintenance employees in 2019: $940 per month for employees enrolled in a copay health plan $1,285 per month for employees enrolled in a deductible health plan Additional $80 per month contribution to the HRA or HSA of participants in a deductible health plan B AC K G RO UND: In December 2017, the City of Apple Valley and A FS C ME Local No. 479 reached a labor contract agreement for 2018-2019. T he C ity contribution toward employee insurance for 2019 was left as a re-opener in that agreement. Staff has met with A F SC ME Local No. 479 representatives in collective bargaining and reached a tentative agreement for the C ity to provide the maximum monthly contribution s ummarized above. T he agreement provides for the same 2019 contribution as has been previously approved by the City C ouncil for non-bargained employees and elected officials and for LELS Local No. 71 representing Police Officers. Staff recommends approving the Memorandum of Agreement with A FS C ME Local No. 479 for 2019 C ity insurance contribution. B UD G E T I M PAC T: T his amount is consistent with the 2019 adopted budget. AT TAC HM E NT S : Agreement MEMORANDUM OF AGREEMENT 2019 Insurance Contribution This Memorandum of Agreement is made by and between the City of Apple Valley (“the Employer”) and AFSCME Council 5, Local No. 479, (“the Union”). WHEREAS, the Employer and the Union have entered into a Collective Bargaining Agreement effective 1/1/18 through 12/31/19; and WHEREAS, the 2018-2019 collective bargaining agreement between the Employer and the Union contained a contract re-opener relative to the City's contribution toward group insurance; NOW, THEREFORE, the parties hereby agree as follows: I. The Employer will contribute up to a maximum of $940 per month per Employee in 2019 toward the cost of Employer selected group health, life, and dental insurance for full-time Employees enrolled in a Copay Health Plan. The Employer will contribute up to a maximum of $1285 per month per Employee in 2019 toward the cost of Employer selected group health, life, and dental insurance for full-time Employees enrolled in a High Deductible Health Plan. Employees enrolled in a High Deductible Health Plan in 2019 will receive an additional $80 per month contribution to the Employee’s HRA or HSA. This incentive is above and in addition to the regular Employer Contribution amount. The additional $80 per month contribution to the HRA or HSA shall expire on December 31, 2019. II. All other provisions related to insurance shall continue pursuant to the Collective Bargaining Agreement and applicable Memorandum of Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the 14th day of February, 2019. FOR THE CITY OF APPLE VALLEY: FOR AFSCME, COUNCIL NO. 5: Mary Hamann-Roland, Mayor Scott Werner, President Pamela Gackstetter, City Clerk Ron Krings, Secretary/Treasurer M. Thomas Lawell, City Administrator Matt Schirber, Field Representative Melissa Haas, Human Resources Manager I T E M: 4.N. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A pprove Memorandum of Agreement with A F S C ME L ocal No. 479 Establishing Health Care S avings Plan 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 Memorandum of Agreement with A F SC ME Local No. 479 establishing Health Care Savings Plan participation for represented employees. S UM M ARY: Staff recommends approving Memorandum of Agreement with A FSC ME Local No. 479 establishing Health C are Savings Plan (HC SP) participation for represented employees. T he agreement will require contributions to the HC SP account, consisting of a portion of unused annual leave hours upon separation from employment. B AC K G RO UND: In December 2017, the City of Apple Valley and A FS C ME Local No. 479 reached a labor contract agreement for 2018-2019. Recently, A FS C ME representatives have requested to amend the existing labor agreement to provide for HC SP participation for represented employees. T he Health C are Savings Plan (HC SP) is administered by Minnesota State Retirement System (MS RS). T he HC S P is an employer-sponsored program that allows employees to invest in a tax-free medical savings account while employed by a Minnesota public employer. T he HC SP is designed specifically to address future healthcare-related costs of employees after separation from employment. T he HC S P allows employees, as a defined group, to designate pre-tax compensation to pre-fund eligible post-employment expenses. Minnesota Statute authorizes MSRS to offer this program to governmental employees in Minnesota including city, state, county, school districts, and governmental subdivisions. Participation in the HC SP is mandatory for all employees in a defined group by C ity policy for non-represented employees, or through collective bargaining for represented employees. LELS Local No. 71 representing Police Officers, LELS Local No. 243 representing Police Sergeants, and non-represented department heads are groups currently participating in the HC SP. T here is no cost to the C ity to participate in the HC S P. A ccount fees are established by MSRS and are paid from the employee’s HC SP account. At this time, staff recommends approving the Memorandum of A greement with A FSC ME Local No. 479 establishing HC SP participation for represented employees. C ontributions to the HC S P will consist of a portion of accrued, unused annual leave hours upon separation from employment (which would otherwise be paid out in taxable cash to the employee). B UD G E T I M PAC T: No additional costs will be incurred by the City. Some savings may be realized in reduced employment taxes, as contributions to the HC SP are tax-free. AT TAC HM E NT S : Agreement MEMORANDUM OF AGREEMENT Health Care Savings Plan This Memorandum of Agreement is made by and between the City of Apple Valley (“the Employer”) and AFSCME Council 5, Local No. 479, (“the Union”). WHEREAS, the Employer and the Union have entered into a Collective Bargaining Agreement effective 1/1/18 through 12/31/19; and WHEREAS, the Employer and the Union mutually desire at this time to establish a Health Care Savings Plan for the benefit of Employees; NOW, THEREFORE, the parties hereby agree as follows: I. Establishment: The Employer shall implement a tax-advantaged Health Care Savings Plan (HCSP), effective March 1, 2019 administered by Minnesota State Retirement System (MSRS). The Health Care Savings Plan is designed specifically to address future healthcare-related costs of Employees after separation from employment. The Health Care Savings Plan shall allow Employees, as a group, through the collective bargaining process to designate pre-tax compensation to pre-fund eligible post-employment expenses. Contributions, interest and gains, and withdrawals from the Health Care Savings Plan shall be tax-free to the fullest extent possible under state and federal statute. II. Authorization and Administration: The Health Care Savings Plan (HCSP) is administered by Minnesota State Retirement System (MSRS). The HCSP is an employer sponsored program that allows employees to invest in a tax-free medical savings account while employed by a Minnesota public employer. Minnesota State Statute authorizes MSRS to offer this program to governmental employees in Minnesota including city, state, county, school districts, and governmental subdivisions. III. Participation: Participation in the HCSP shall be mandatory for all Employees. IV. Contribution Calculations: Contributions to the HCSP, based upon Employee hours, shall be calculated using the Employee’s appropriate pay rate at the time of conversion. Contributions are mandatory. V. Contribution Methodology: Funding of the HCSP shall be in accordance with established contribution methods: a. Annual Leave Contributions upon Separation from Employment: An employee, who is eligible to be compensated for annual leave in accordance with Personnel Policy 5.2 Annual Leave, shall have 25 percent of the employee's accrued, unused annual leave, contributed to the employee’s HCSP account upon separation from employment. b. Upon an Employee’s death, contributions can no longer be made to the HCSP. VI. Contribution Methodology Changes: The intent of the HCSP is for Employees to determine the contribution methodology within reasonable parameters established by the Employer. Contribution methodology changes shall be a cooperative effort between Employees and Employer. The Union may request, prior to the expiration of the Collective Bargaining Agreement, modification of the contribution methodology upon simple majority vote of the members. The Union shall notify the Employer in writing of any proposed modifications. Requested modifications of the contribution methodology shall be subject to Employer and legal counsel review prior to approval. Requested modifications of the contribution methodology shall not result in additional re-occurring costs to the Employer and shall comply with all Employer policies in effect at the time of the request. In addition, requested modifications of the contribution methodology shall be in compliance with state and federal statutes for tax-advantaged medical savings accounts. Contribution methodology changes and frequency are subject to approval by MSRS. Requested contribution methodology changes, approved by the Employer, shall be incorporated into any subsequent Collective Bargaining Agreement. The newly incorporated contribution methodology shall be implemented within 30 days following ratification of said Agreement. VII. Account Fees: HCSP account fees are established by MSRS and shall be paid from the Employee’s HCSP account. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the 14th day of February, 2019. FOR THE CITY OF APPLE VALLEY: FOR AFSCME, COUNCIL NO. 5: Mary Hamann-Roland, Mayor Scott Werner, President Pamela Gackstetter, City Clerk Ron Krings, Secretary/Treasurer M. Thomas Lawell, City Administrator Matt Schirber, Field Representative Melissa Haas, Human Resources Manager I T E M: 4.O. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A pprove Agreement with B ecker Arena Products, I nc., for P roject 2018-156, A pple Valley Sports A rena 2019 I ce S ystem Replacement - Dasher Boards 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: A pprove agreement with Becker Arena Products, Inc., for Project 2018-156, Apple Valley Sports Arena 2019 Ice System Replacement - D asher Boards, in the amount of $148,553.68, as the lowest responsible proposal. S UM M ARY: Staff is seeking authorization to enter into an agreement with Becker Arena Products, Inc. for Project 2018-156, Apple Valley Sports Arena 2019 Ice System Replacement - Dasher Boards, in the amount of $148,553.68. B AC K G RO UND: As part of the Sports Arena refrigeration replacement project taking place this summer the dasher boards are also being replaced. T he dasher boards are in dire need of replacement and with our rink floor being replaced this is a great time to replace the dasher boards to fit perfectly on the new floor. New dasher boards will greatly improve customer safety and the maintenance needs of the facility. T his part of the project is being completed through the Sourcewell purchasing agreement directly between the City and Becker Arena Products. B UD G E T I M PAC T: 45% of the fee is due upon placement of the order, 45% is due ten days prior to delivery, and the final 10% is due upon delivery and installation. Total cost is $148,553.68 (2019 Budget item) AT TAC HM E NT S : Proposal I T E M: 4.P. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A pprove Agreement with S ports Technology, I nc., for Project 2018-156, Apple Valley S ports A rena 2019 I ce S ystem Replacement - S ound System 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: Approve agreement with Sports Technology, Inc., for Project 2018-156, Apple Valley Sports Arena 2019 Ice System Replacement - Sound System, in the amount of $46,157.00, as the lowest responsible proposal. S UM M ARY: Staff is seeking authorization to enter into an agreement with Sports Technology, Inc. for Project 2018-156, Apple Valley Sports Arena 2019 Ice System Replacement - Sound System, in the amount of $46,157.00. B AC K G RO UND: T he sound system at the Sports A rena is in need of replacement. We are looking to replace the sound system during the refrigeration replacement project at the Sports Arena. A new sound system will greatly improve the customer experience in our facility along with bringing our arena up to date with arenas throughout the area. We received three quotes for the sounds system project with Sports Technology Inc. being the lowest responsible quote. Olympic Communications, Inc.$53,800.00 Electronic Design C ompany $48,790.70 Sports Technology, Inc.$46,157.00 B UD G E T I M PAC T: $46,157.00 (2019 Budget item) AT TAC HM E NT S : Proposal I T E M: 4.Q. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Consent A genda Description: A pprove Acceptance and Final P ayment on Agreement with S chad Tracy S igns, I nc., for L iquor S tore 3 Digital L E D P ylon Sign S taff Contact: Charles Grawe, A ssistant City A dministrator Department / Division: Administration / I nformation Technologies AC T I O N RE Q UE S T E D: Approve acceptance and final payment with Schad Tracy Signs, Inc., for Liquor Store 3 Digital LED Pylon Sign in the amount of $29,074.00. S UM M ARY: Many of the businesses along Pilot Knob Road utilize pylon signs to attract customers. T he City added a pylon sign with a digital message board to Liquor Store 3 in an effort to significantly increase sales by advertising to drivers along Pilot Knob. B AC K G RO UND: On September 13, 2018, the C ity Council approved an agreement with Schad Tracy signs in the amount of $58,148.00 for installation of the new Digital LED Pylon Sign at Liquor Store 3. Staff recommends the C ity C ouncil approve acceptance and final payment on agreement with Schad Tracy Signs, Inc., in the amount of $29,074.00. B UD G E T I M PAC T: Funds of $75,000 for this project were included in the 2018 Liquor operating budget. AT TAC HM E NT S : F inal Pay Documents I nvoice I T E M: 4.R. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 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 February 14, 2019 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) Melanie Cobb Hire Sales Clerk Casual, Variable Hour 5020 $ 12.00 Hourly L‐1 2/9/2019 Sean Considine Hire Sales Clerk Casual, Variable Hour 5020 $ 12.00 Hourly L‐1 1/25/2019 Mark Hurley Accept Retirement Maintenance Worker II Full‐Time, Regular 1600 2/28/2019 Jeff Lathrop Hire Public Works Supervisor ‐ Streets Full‐Time, Regular 1600 $ 86,500.00 Annual 190E 2/19/2019 Harold Norris Hire Sales Clerk Casual, Variable Hour 5090 $ 12.00 Hourly L‐1 1/22/2019 Hunter Ramey Hire Facility Attendant Casual, Seasonal 1800 $ 10.30 Hourly C‐01 2/4/2019 Jeffrey Reiten Promotion Public Works Supervisor ‐ Fleet and Buildings Full‐Time, Regular 1530 $ 87,000.00 Annual 190E 2/15/2019 Ryan Smith Accept Resignation Building Inspector Full‐Time, Regular 1400 2/8/2019 The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 I T E M: 4.S. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 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 anuary 16, 2019, J anuary 24, 2019, and J anuary 30, 2019, in the amounts of $2,402,132.40, $965,713.78 and $609,236.03 respectively. AT TAC HM E NT S : Claims and Bills 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 :F ebruary 14, 2019 S E C T I O N:Regular A genda Description: Time S quare Shopping Center - P ortillo's S taff Contact: A lex Sharpe, Planner and Economic Development S pecialist Department / Division: Community Development Department Applicant: I nterstate Development Corp. P roject Number: P C18-35-S C G F B Applicant Date: 11/15/2018 60 Days: 1/14/2019 120 Days: 3/15/2019 AC T I O N RE Q UE S T E D: 1. Adopt resolution approving C edar Retail Addition final plat and development agreement. 2. Approve design agreement for Cedar Retail Addition. 3. Adopt resolution approving a conditional use permit for a drive-through lane in association with a C lass-III Restaurant. 4. Adopt resolution approving a 2' parking stall depth variance (from 20' to 18") for Lot 2, Block 1, C edar Retail Addition. 5. Adopt resolution approving a 2' parking stall depth variance (from 20' to 18") for Lot 3, Block 1, C edar Retail Addition. 6. Adopt resolution approving an 11.5' side setback variance (from 15' to 3.5') on Lot 2, Block 1, C edar Retail Addition. 7. Adopt resolution approving a site plan and building permit authorization for an 8,300 sq. ft restaurant on Lot 3, Block 1, C edar Retail Addition. 8. Adopt resolution approving a site plan and building permit authorization for an existing structure on Lot 2, Block 1, C edar Retail Addition. S UM M ARY: Interstate Development C orporation, on behalf of Time Square Shopping Center II LLC , the property owner, are requesting approval of a final plat, site plan and building permit authorization, and a Conditional Use Permit (C UP) to construct a 8,300 sq. ft. restaurant with a drive-through in the "RB" (Retail Business) zoning district. T he property is located at the northwest corner of C edar Ave and C SA H 42, and commonly known as Time Square. T he proposed restaurant, Portillo's, serves Italian beef, burgers, and other American fare. Portillo's traffic study has noted that a majority of customers utilize the drive-through, making this a principal part of business operations. T he proposal includes the demolition of a portion of the southern Time Square shopping center building, retaining the western half, and the construction of a new 8,300 sq. ft. restaurant to the east on its own lot. T hese variances are requested with the project, an 11.5' side setback variance for the existing building that is to remain, and a parking stall depth variance on two created lots from 20' to 18'. T he Planning Commission unanimously recommended approval of all actions on J anuary 16, 2019 and the side setback variance on February 6, 2019. T he Development Agreement attached does not include all exhibits, these exhibits are on file in City offices with the Community Development Department. B AC K G RO UND: Replat of E xisting P arcels: T he petitioner is proposing to replat the existing parcels, shifting the lot lines to accommodate the new development, provide parking for each lot, and public street access to each lot. Presently, the existing property lines transect buildings, and create a land-locked parcel. T he proposal will correct this, and address each site with cross access and parking easements/agreements that have been received. Site P lan: T he site plan proposes to retain the three existing lots, shifting the lot lines to reflect the new development. Lot 1 includes the northern portion of Time Square, and parking north of the center drive aisle. T he facade of the north building is proposed to be updated, but is not being reviewed as part of this application. Proposed building elevations for the entire center are attached to this report. Lot 2 consists of approximately half of the existing Time Square southern building, demolishing the vacated T C F space and retaining the Tide, and Salon Concepts. Approximately 9,700 sq. ft. of the existing southern Time Square building will remain to the west, nearly 14,500 sq. ft of the eastern portion of the structure will be demolished. A setback variance from 15' to 3.5' (11.5' variance) is requested from the eastern property line. Currently, the property line runs through the existing structure, therefore the variance allows for an increased setback from existing conditions. Lot 3 includes the former T C F Bank, and some of the vacant space in the southern building. As stated, this area is proposed to be demolished. A new 8,300 sq. ft. C lass III restaurant will be constructed for Portillo's on the eastern portion of lot 3 adjacent to Glenda Drive. A parking stall depth variance from 20' to 18' has been requested for Lots 2 and 3. As stated, this request was reviewed and recommended by the Planning Commission unanimously. T he Planning C ommission noted three factors that guided their recommendation: 1. Other Portillo's locations in the metro also have 18' deep stalls. 2. Staff review of 2019 vehicle depths found that a majority of vehicle models would fit in the reduced stall depth. 3. T he Time Square site is a redevelopment activity with fixed dimensions and existing structures that benefits with flexibility. B UD G E T I M PAC T: T he property was originally developed in the 1960's and 1970's and park dedication was previously addressed at that time. AT TAC HM E NT S : Resolution Resolution Resolution Resolution Resolution Resolution Resolution F inal Plat Area Map Z oning Map Comp Plan Map Plan S et Exhibit Plan S et Memo Elevations Elevations Memo Development Agreement Agreement CITY OF APPLE VALLEY RESOLUTION NO. 2019-___ FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL CEDAR RETAIL ADDITON WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and WHEREAS, application has been made to the City to approve a corrective plat which serves to either readjust a common boundary, consolidate parcels into a fewer number of parcels, or final plat previously unplatted property; and WHEREAS, pursuant to Section 153.24 of the Apple Valley Code of Ordinances, provision is made to approve a plat without the benefit of a public hearing, provided the plat does not create additional lots or new streets and is not defined as a subdivision pursuant to Minnesota Statues 462.352; and WHEREAS, pursuant to Chapter 153 of the City Code, a development agreement between the applicant and the City detailing the installation of the required improvements in the subdivision and the method of payment therefore has been prepared; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the development agreement and final plat for the following described plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the same, to wit: CEDAR RETAIL ADDITION BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code that said plat shall be filed with the Dakota County Recorder within sixty (60) days of the certified release from the City offices or such approval shall be null and void. ADOPTED this 14th day of February, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council and the final plat described therein is hereby released for recording with the Dakota County Recorder this _____ day of __________________, ______. ____________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2019-___ A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DRIVE THROUGH WINDOW IN CONJUNCTION WITH A CLASS III RESTAURANT 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 a drive-through window as regulated in Section 155.157 (M) of the city code may be allowed within the confines of a Retail Business (RB) zoning district and in accordance with specific performance standards, as a conditional use; and WHEREAS, approval of a Conditional Use Permit for a drive-through window has been requested by Interstate Development Corp, on behalf of Cedar Retail LLC, the fee owner of property (“Owner”)located at :7530 149th Street W., Apple Valley, MN and legally described as Lot 3, Block 1, Cedar Retail Addition (“Property”); 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- December 19, 2018; and WHEREAS, the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on January 16, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a Conditional Use Permit for a drive-through window within a Retail Business (RB) zone be approved subject to compliance with all applicable City codes and standards, and the following conditions: 1. Construction shall occur in conformance with the site plan dated January 2, 2019 on file at City Offices. 2. The drive-through shall meet code section 155.157 (M) (1)(2)(3). 3. All signage associated with the drive-through window service shall adhere to Section 154.04 (J)(1)(2)(3)(4)(5) by separate review and approval. ADOPTED this 14th day of February, 2019. _________________________________ Mary Hamann-Roland, Mayor 2 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 February 14, 2019, the original of which is in my possession, dated this _____day of ______________________, 20 . ____________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2019 - A RESOLUTION APPROVING A 2’ PARKING STALL LENGTH VARIANCE AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted by the City Council from the literal provisions of the zoning regulations where unique conditions exist which do not apply to the area in general; and WHEREAS, Interstate Development Corp. applied for a parking stall length variance, on behalf of Cedar Retail LLC, is the fee owner of property (“Owner”) located at: 7540 149th Street W., Apple Valley, MN and to be platted as Lot 2, Block 1, Cedar Retail Addition (“Property”); and WHEREAS, the Property is zoned Retail Business (RB); and WHEREAS, Apple Valley City Code § 155.372 (B), specifically governing parking stall width and depth, states that parking stalls shall be 20’ in length; and WHEREAS, the applicant has made application for a 2’ parking stall length variance, allowing selected stalls to be 18’ in length; and WHEREAS, the Apple Valley Planning Commission reviewed the variance request at a public meeting held on January 16, 2019, and made the following determination: 1. The site plan includes a number of parking stalls which are 20’ in length except where adjacent to curb where stalls are 18.5’; in compliance with code. 2. The site is a redevelopment of an existing parcel, which creates unique challenges. 3. A large percentage of vehicle models will be able to utilize a parking stall 18’ in length without conflict with the drive isle. 4. The variance allows alignment of the drive isle and the drive-through lane. As a majority of users are projected to utilize the drive-through, this is a priority. 5. The development of this site prior to the establishment of City codes creates a unique circumstance. 6. Conditions placed on the variance will mitigate any negative impacts. 2 7. The City's Comprehensive Plan states the City's goal is to retain current businesses and to assist companies with expansion where appropriate. The redevelopment of Time Square presents unique challenges as the center was originally developed prior to adoption of City codes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the variance listed above is hereby approved, subject to all applicable City Codes and standards, and the following conditions: 1. If the Building Permit for the construction of the building expansion is not issued (with payment of permit fee) within one (1) year of the date of approval, the variance shall lapse. 2. Prior to issuance of the Building Permit, the Owner shall record this Resolution in the office of the Dakota County Recorder and provide to the City verification of the recording. 3. Construction shall occur in conformance with the site plan, dated January 31, 2019, on file in City offices. 4. Cross access and cross parking agreements for Lots 1, 2, 3, Block 1, Cedar Retail Addition shall be on file in City offices. 5. Prior to issuance of a Building Permit the final plat for Cedar Retail Addition shall be filed in the office of the Dakota County Recorder and provide to the City verification of the recording. 6. Issuance of a Building Permit and a final certificate of occupancy is contingent upon the project being constructed in conformance with all the preceding conditions, as well as all applicable performance standards of the current zoning regulations. In the event that a certificate of occupancy is requested prior to completion of all required site improvements, a suitable financial guarantee in the amount of 125% of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline, with the cost of such City completion to be charged against the financial guarantee. 7. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. 3 BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 14th day of February, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the 14th day of February, 2019. ________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2019 - A RESOLUTION APPROVING A 2’ PARKING STALL LENGTH VARIANCE AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted by the City Council from the literal provisions of the zoning regulations where unique conditions exist which do not apply to the area in general; and WHEREAS, Interstate Development Corp. applied for a parking stall length variance, on behalf of Cedar Retail LLC, is the fee owner of property (“Owner”) located at: 7530 149th Street W., Apple Valley, MN and to be platted as Lot 3, Block 1, Cedar Retail Addition (“Property”); and WHEREAS, the Property is zoned Retail Business (RB); and WHEREAS, Apple Valley City Code § 155.372 (B), specifically governing parking stall width and depth, states that parking stalls shall be 20’ in length; and WHEREAS, the applicant has made application for a 2’ parking stall length variance, allowing selected stalls to be 18’ in length; and WHEREAS, the Apple Valley Planning Commission reviewed the variance request at a public meeting held on January 16, 2019, and made the following determination: 1. The site plan includes a number of parking stalls which are 20’ in length except where adjacent to curb where stalls are 18.5’; in compliance with code. 2. The site is a redevelopment of an existing parcel, which creates unique challenges. 3. A large percentage of vehicle models will be able to utilize a parking stall 18’ in length without conflict with the drive isle. 4. The variance allows alignment of the drive isle and the drive-through lane. As a majority of users are projected to utilize the drive-through, this is a priority. 5. The development of this site prior to the establishment of City codes creates a unique circumstance. 6. Conditions placed on the variance will mitigate any negative impacts. 2 7. The City's Comprehensive Plan states the City's goal is to retain current businesses and to assist companies with expansion where appropriate. The redevelopment of Time Square presents unique challenges as the center was originally developed prior to adoption of City codes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the variance listed above is hereby approved, subject to all applicable City Codes and standards, and the following conditions: 1. If the Building Permit for the construction of the building expansion is not issued (with payment of permit fee) within one (1) year of the date of approval, the variance shall lapse. 2. Prior to issuance of the Building Permit, the Owner shall record this Resolution in the office of the Dakota County Recorder and provide to the City verification of the recording. 3. Construction shall occur in conformance with the site plan, dated January 31, 2019, on file in City offices. 4. Cross access and cross parking agreements for Lots 1, 2, 3, Block 1, Cedar Retail Addition shall be on file in City offices. 5. Prior to issuance of a Building Permit the final plat for Cedar Retail Addition shall be filed in the office of the Dakota County Recorder and provide to the City verification of the recording. 6. Issuance of a Building Permit and a final certificate of occupancy is contingent upon the project being constructed in conformance with all the preceding conditions, as well as all applicable performance standards of the current zoning regulations. In the event that a certificate of occupancy is requested prior to completion of all required site improvements, a suitable financial guarantee in the amount of 125% of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline, with the cost of such City completion to be charged against the financial guarantee. 7. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. 3 BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 14th day of February, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the 14th day of February, 2019. ________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2019 - A RESOLUTION APPROVING AN 11.5’ SIDE SETBACK VARIANCE AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted by the City Council from the literal provisions of the zoning regulations where unique conditions exist which do not apply to the area in general; and WHEREAS, Interstate Development Corp. applied for a setback variance, on behalf of Cedar Retail LLC, the fee owner of property (“Owner”)located at: 7540 149th Street W., Apple Valley, MN and to be platted as Lot 2, Block 1, Cedar Retail Addition (“Property”); and WHEREAS, the Property is zoned Retail Business (RB); and WHEREAS, Apple Valley City Code § 155 Appendix C, specifically governing building setbacks in Business Districts, states that the side setback in a Retail Business (RB) zone shall a minimum of 15’; and WHEREAS, the applicant has made application for a 11.5’ setback variance, allowing the existing building to be 3.5’ from the property line; and WHEREAS, the Apple Valley Planning Commission reviewed the variance request at a public meeting held on February 6, 2019, and made the following determination: 1. The current side setback is 0’ as the property line intersects the existing building. 2. A portion of the building is to be demolished; an increased setback will improve the existing conditions. 3. Conditions placed on the variance will mitigate any negative impacts. 4. The City's Comprehensive Plan states the City's goal is to retain current businesses and to assist companies with expansion where appropriate. The redevelopment of Time Square presents unique challenges as the center was originally developed prior to adoption of City codes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the variance listed above is hereby approved, subject to all applicable City Codes and standards, and the following conditions: 2 1. If the Building Permit for the construction of the building expansion is not issued (with payment of permit fee) within one (1) year of the date of approval, the variance shall lapse. 2. Prior to issuance of the Building Permit, the Owner shall record this Resolution in the office of the Dakota County Recorder and provide to the City verification of the recording. 3. Construction shall occur in conformance with the site plan, dated January 31, 2019, on file in City offices. 4. Construction of the new wall shall meet all building code standards and requirements. 5. Prior to issuance of a Building Permit the final plat for Cedar Retail Addition shall be filed in the office of the Dakota County Recorder and the owner shall provide to the City verification of the recording. 6. Issuance of a Building Permit and a final certificate of occupancy is contingent upon the project being constructed in conformance with all the preceding conditions, as well as all applicable performance standards of the current zoning regulations. In the event that a certificate of occupancy is requested prior to completion of all required site improvements, a suitable financial guarantee in the amount of 125% of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline, with the cost of such City completion to be charged against the financial guarantee. 7. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 14th day of February, 2019. 3 __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the 14th day of February, 2019. ________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR CEDAR RETAIL ADDITON 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 building permit shall be applicable to land legally described as Lot 3, Block 1, Cedar Retail Addition; 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 January 16, 2019. 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 construction of and approximately 8,300 sq. ft. Portillo’s Class III restaurant is hereby authorized, subject to the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the approval shall lapse. 2. Construction shall occur in conformance with the site plans dated January 31, 2019, on file with at City offices and attached to this resolution. 3. The applicant shall follow all conditions included in the City Engineer's memo dated September 13, 2018. 4. Construction shall occur in conformance with the landscape plan dated January 31, 2019; subject to submission of a detailed landscape planting price list for verification of the City’s 2½% landscaping requirement at the time of building permit application. 5. 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. 6. Trash enclosures/storage at the rear of the structure shall comply with City Code. 2 7. The infiltration basin shall be constructed in conformance with City standards and approval by the City Engineer. 8. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of all onsite infiltration areas. 9. Additional trees shall be added surrounding the infiltration basin west of the existing building. 10. Landscaping in western most curb island shall be shifted within the landscape island to allow for an unobstructed view when vehicles are headed northbound. 11. An internal stop condition shall be installed on the western most curb island for traffic coming from the south to allow for east/west thru traffic. 12. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 13. A cross parking agreement between all lots shall be filed with the City prior to issuance of a building permit. 14. Subject to all conditions noted in the Building Official's memo dated January 4, 2019. 15. Subject to all conditions noted in the City Engineer's memo dates January 10, 2019. 16. The final plat for the Cedar Retail Addition shall be recorded with Dakota County prior to the issuance of a building permit. 17. 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. 18. The Site Plan and Building Permit Authorization is subject to the approval of the Cedar Retail Addition final plat. 19. Construction shall occur in conformance with the architectural plans dated October 15, 2018, subject to minor revisions. 20. Installation landscaping shall occur in conformance with the landscape plan dated January 31, 2019, on file with the City, subject to minor revisions and subject to conformance with landscaping requirements. 21. The owner shall submit a detailed nursery bid list at the time of application for the building permit that confirms the value of the landscape plantings. 22. 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. 23. Any site lighting shall consist of downcast, shoebox lighting fixtures or 3 wallpacks with deflector shields which confines the light to the property. 24. 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. 25. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 14th day of February, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 4 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 February 14, 2019, the original of which is in my possession, dated this day of , 20 . Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR CEDAR RETAIL ADDITON 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 building permit shall be applicable to land legally described as Lot 2, Block 1, Cedar Retail Addition; 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 January 16, 2019. 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 redevelopment of the existing building demolishing approximately 14,500 sq. ft. and retaining approximately 9,700 sq. ft. . hereby authorized, subject to the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the approval shall lapse. 2. Construction shall occur in conformance with the site plans dated January 31, 2019, on file with at City offices and attached to this resolution. 3. The applicant shall follow all conditions included in the City Engineer's memo dated September 13, 2018. 4. Construction shall occur in conformance with the landscape plan dated January 31, 2019; subject to submission of a detailed landscape planting price list for verification of the City’s 2½% landscaping requirement at the time of building permit application. 5. 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. 6. Trash enclosures/storage at the rear of the structure shall comply with City Code. 2 7. The infiltration basin shall be constructed in conformance with City standards and approval by the City Engineer. 8. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of all onsite infiltration areas. 9. Additional trees shall be added surrounding the infiltration basin west of the existing building. 10. Landscaping in western most curb island shall be shifted within the landscape island to allow for an unobstructed view when vehicles are headed northbound. 11. An internal stop condition shall be installed on the western most curb island for traffic coming from the south to allow for east/west thru traffic. 12. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 13. A cross parking agreement between all lots shall be filed with the City prior to issuance of a building permit. 14. Subject to all conditions noted in the Building Official's memo dated January 4, 2019. 15. Subject to all conditions noted in the City Engineer's memo dates January 10, 2019. 16. The final plat for the Cedar Retail Addition shall be recorded with Dakota County prior to the issuance of a building permit. 17. 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. 18. The Site Plan and Building Permit Authorization is subject to the approval of the Cedar Retail Addition final plat. 19. Construction shall occur in conformance with the architectural plans dated January 8, 2019, subject to minor revisions. 20. Installation landscaping shall occur in conformance with the landscape plan dated January 31, 2019, on file with the City, subject to minor revisions and subject to conformance with landscaping requirements. 21. The owner shall submit a detailed nursery bid list at the time of application for the building permit that confirms the value of the landscape plantings. 22. 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. 23. Any site lighting shall consist of downcast, shoebox lighting fixtures or 3 wallpacks with deflector shields which confines the light to the property. 24. 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. 25. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 14th day of February, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 4 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 February 14, 2019, the original of which is in my possession, dated this day of , 20 . Pamela J. Gackstetter, City Clerk Time Square Shopping Center µ LOCATION MAP ^ 147TH ST W 150TH ST WCEDAR AVEGLENDA DR149TH ST WPENNOCK AVEGRANADA AVE148TH ST W GLAZIER AVEFRONTAGE RD PENNOCK LNGRANADA DRCEDAR AVE150TH ST W GLAZIER AVE Time Square Shopping Center µ Zoning Map ^ 147TH ST W 150TH ST W CEDAR AVEGLENDA DR149TH ST W PENNOCK AVEGRANADA AVE148TH ST W GLAZIER AVEFRO NTAG E RD PENNOCK LNGRANADA DRCEDAR AVE1 5 0 T H S T W GLAZIER AVERB RB GB RB RB RB RB RB PD-290 Time Square Shopping Center µComprehensive Plan Designation Map ^ C C C C C C CC 147TH ST W 150TH ST W CEDAR AVEGLENDA DR149TH ST W PENNOCK AVEGRANADA AVE148TH ST W GLAZIER AVEFRO NTAG E RD PENNOCK LNGRANADA DRCEDAR AVE1 5 0 T H S T W GLAZIER AVE This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Interstate Partners\Portillos - Apple Valley\3 Design\CAD\PlanSheets\C0-COVER SHEET.dwg January 31, 2019 - 2:31pmBYREVISIONSNo.DATEBRJCITY SUBMITTAL111/07/2018BRJCITY RESUBMITTAL201/02/2019BMWCITY RESUBMITTAL301/09/2019BMWREV SOUTH RETAIL BLDG SETBACK401/22/2019BMWCITY RESUBMITTAL501/31/2019PRELIMINARY - NOT FOR CONSTRUCTIONPREPARED FORCOVER SHEETC000TIMES SQUARESHOPPING CENTERINTERSTATEDEVELOPMENTAPPLE VALLEYMINNESOTADATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.01/31/201953113DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16095900501/31/2019AS SHOWNBMWACLWDMNORTH VICINITY N.T.S. SITE APPLE VALLEY, DAKOTA COUNTY, MINNESOTA 1.CONTRACTOR SHALL CONFIRM THAT THE EXISTING CONDITIONS FOR THE SITE MATCH WHAT IS SHOWN ON THE DRAWINGS INCLUDED PRIOR TO CONSTRUCTION. 2.IF REPRODUCED, THE SCALES SHOWN ON THESE PLANS ARE BASED ON A (34"x22") SHEET. 3.ALL NECESSARY INSPECTIONS AND/OR CERTIFICATIONS REQUIRED BY CODES AND/OR UTILITY SERVICES COMPANIES SHALL BE PERFORMED PRIOR TO ANNOUNCED BUILDING POSSESSION AND THE FINAL CONNECTION OF SERVICES. 4.ALL GENERAL CONTRACTOR WORK TO BE COMPLETED (EARTHWORK, FINAL UTILITIES, AND FINAL GRADING) BY THE MILESTONE DATE IN PROJECT DOCUMENTS. NOTES: LANDSCAPE ARCHITECT KIMLEY-HORN AND ASSOCIATES, INC. RYAN HYLLESTED, P.L.A. 767 EUSTIS STREET, SUITE 100 ST. PAUL, MN 55114 TELEPHONE: (612) 568-0698 PROJECT TEAM: SURVEYOR SUNDE LAND SURVEYING 9001 E. BLOOMINGTON FRWY. SUITE 118 BLOOMINGTON, MN 55420 TELEPHONE: (952) 881-2455 CONTACT: ARLEE CARLSON ENGINEER KIMLEY-HORN AND ASSOCIATES, INC. PREPARED BY: BRIAN M. WURDEMAN, P.E. 767 EUSTIS STREET, SUITE 100 ST. PAUL, MN 55114 TELEPHONE (651) 645-4197 OWNER / DEVELOPER INTERSTATE DEVELOPMENT LONNIE PROVENCHER 6390 CARLSON DRIVE EDEN PRAIRIE, MN 55346 TELEPHONE: (651) 406-8050 TIMES SQUARE SHOPPING CENTER SECTION 28, TOWNSHIP 115N, RANGE 20W FOR SITE DEVELOPMENT PLANS Know what'sbelow. before you dig.Call Sheet List Table Sheet Number Sheet Title C000 COVER SHEET C200 DEMO PLAN C201 DEMO PLAN C202 DEMO PLAN C400 SITE PLAN C401 SITE PLAN C402 SITE PLAN C500 GRADING PLAN C501 GRADING PLAN C502 GRADING PLAN C503 STORMWATER DETAILS C600 UTILITY PLAN C601 UTILITY PLAN C602 UTILITY PLAN C700 CONSTRUCTION DETAILS C701 CONSTRUCTION DETAILS C702 CONSTRUCTION DETAILS L100 LANDSCAPE PLAN L102 LANDSCAPE DETAILS L101 LANDSCAPE ENLARGEMENTS GEOTECHNICAL AMERICAN ENGINEERING TESTING, INC. MICHAEL P. MCCARTHY, P.E. 550 CLEVELAND AVENUE NORTH ST. PAUL, MN 55114 TELEPHONE: (651) 659-9001 CEDAR AVENUEGLENDA AVENUE149TH AVE WEST SEE SHEET C201 150TH STREET WESTGRANADA DRIVEGLEN D A A V E N U E GRANADA AVENUESEE SHEET C202 CEDAR AVENUE74,000± SF EXISTING RETAIL ±23,750 SF EXISTING RETAIL This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Interstate Partners\Portillos - Apple Valley\3 Design\CAD\PlanSheets\C2-DEMO PLAN.dwg January 31, 2019 - 2:31pmBYREVISIONSNo.DATEBRJCITY SUBMITTAL111/07/2018BRJCITY RESUBMITTAL201/02/2019BMWCITY RESUBMITTAL301/09/2019BMWREV SOUTH RETAIL BLDG SETBACK401/22/2019BMWCITY RESUBMITTAL501/31/2019PRELIMINARY - NOT FOR CONSTRUCTIONPREPARED FORDEMO PLANC200TIMES SQUARESHOPPING CENTERINTERSTATEDEVELOPMENTAPPLE VALLEYMINNESOTADATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.01/31/201953113DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16095900501/31/2019AS SHOWNBMWACLWDM1.THE CONTRACTOR IS RESPONSIBLE FOR THE DEMOLITION, REMOVAL, AND DISPOSAL (IN A LOCATION APPROVED BY ALL GOVERNING AUTHORITIES) ALL STRUCTURES, PADS, WALLS, FLUMES, FOUNDATIONS, PARKING, DRIVES, DRAINAGE STRUCTURES, UTILITIES, ETC. SUCH THAT THE IMPROVEMENTS ON THE PLANS CAN BE CONSTRUCTED. ALL FACILITIES TO BE REMOVED SHALL BE UNDERCUT TO SUITABLE MATERIAL AND BROUGHT TO GRADE WITH SUITABLE COMPACTED FILL MATERIAL PER THE PROJECT DOCUMENTS. 2.THE CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL DEBRIS FROM THE SITE AND DISPOSING THE DEBRIS IN A LAWFUL MANNER. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL PERMITS REQUIRED FOR DEMOLITION AND DISPOSAL. CONTRACTOR SHALL PROVIDE COPIES OF THE PERMIT AND RECEIPTS OF DISPOSAL OF MATERIALS TO THE OWNER AND OWNERS REPRESENTATIVE. 3.THE CONTRACTOR SHALL MAINTAIN ALL UTILITY SERVICES TO ADJACENT PROPERTIES AT ALL TIMES. UTILITY SERVICES SHALL NOT BE INTERRUPTED WITHOUT APPROVAL FROM THE CONSTRUCTION MANAGER AND COORDINATION WITH THE ADJACENT PROPERTIES AND/OR THE CITY. 4.THE CONTRACTOR SHALL COORDINATE WITH RESPECTIVE UTILITY COMPANIES PRIOR TO THE REMOVAL AND/OR RELOCATION OF UTILITIES. THE CONTRACTOR SHALL COORDINATE WITH THE UTILITY COMPANY CONCERNING PORTIONS OF WORK WHICH MAY BE PERFORMED BY THE UTILITY COMPANY'S FORCES AND ANY FEES WHICH ARE TO BE PAID TO THE UTILITY COMPANY FOR THEIR SERVICES. THE CONTRACTOR IS RESPONSIBLE FOR PAYING ALL FEES AND CHARGES. 5.THE LOCATIONS OF ALL EXISTING UTILITIES SHOWN ON THE PLAN HAVE BEEN DETERMINED FROM THE BEST INFORMATION AVAILABLE AND ARE GIVEN FOR THE CONVENIENCE OF THE CONTRACTOR. THE ENGINEER ASSUMES NO RESPONSIBILITY FOR THEIR ACCURACY. PRIOR TO THE START OF ANY DEMOLITION ACTIVITY, THE CONTRACTOR SHALL NOTIFY THE UTILITY COMPANIES FOR LOCATIONS OF EXISTING UTILITIES WITHIN ALL AREAS OF PROPOSED WORK. 6.ALL EXISTING SEWERS, PIPING AND UTILITIES SHOWN ARE NOT TO BE INTERPRETED AS THE EXACT LOCATION, OR AS ANY OBSTACLES THAT MAY OCCUR ON THE SITE. VERIFY EXISTING CONDITIONS AND PROCEED WITH CAUTION AROUND ANY ANTICIPATED FEATURES. GIVE NOTICE TO ALL UTILITY COMPANIES REGARDING DESTRUCTION AND REMOVAL OF ALL SERVICE LINES AND CAP ALL LINES BEFORE PRECEDING WITH THE WORK. 7.ELECTRICAL, TELEPHONE, CABLE, WATER, FIBER OPTIC, AND/OR GAS LINES NEEDING TO BE REMOVED OR RELOCATED SHALL BE COORDINATED WITH THE AFFECTED UTILITY COMPANY. ADEQUATE TIME SHALL BE PROVIDED FOR RELOCATION AND CLOSE COORDINATION WITH THE UTILITY COMPANY IS NECESSARY TO PROVIDE A SMOOTH TRANSITION IN UTILITY SERVICE. CONTRACTOR SHALL PAY CLOSE ATTENTION TO EXISTING UTILITIES WITHIN ANY ROAD RIGHT-OF-WAY DURING CONSTRUCTION. 8.CONTRACTOR MUST PROTECT THE PUBLIC AT ALL TIMES WITH FENCING, BARRICADES, ENCLOSURES, ETC. (AND OTHER APPROPRIATE BEST MANAGEMENT PRACTICES) AS APPROVED BY THE CONSTRUCTION MANAGER. MAINTENANCE OF TRAFFIC CONTROL SHALL BE COORDINATED IN ACCORDANCE WITH APPLE VALLEY, DAKOTA COUNTY AND MINNESOTA/DOT. 9.CONTRACTOR SHALL MAINTAIN ACCESS TO ALL ADJACENT PROPERTIES DURING CONSTRUCTION, AND SHALL NOTIFY ALL PROPERTIES IF ACCESS WILL BE INTERRUPTED OR ALTERED AT ANY TIME DURING CONSTRUCTION. 10.PRIOR TO DEMOLITION OCCURRING, ALL EROSION CONTROL DEVICES ARE TO BE INSTALLED. 11.CONTRACTOR MAY LIMIT SAW-CUT AND PAVEMENT REMOVAL TO ONLY THOSE AREAS WHERE IT IS REQUIRED AS SHOWN ON THESE CONSTRUCTION PLANS BUT IF ANY DAMAGE IS INCURRED ON ANY OF THE SURROUNDING PAVEMENT, ETC. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ITS REMOVAL AND REPAIR. 12.THE CONTRACTOR SHALL COORDINATE WATER MAIN WORK WITH THE FIRE DEPT. AND THE CITY WATER DEPARTMENT TO PLAN PROPOSED IMPROVEMENTS AND TO ENSURE ADEQUATE FIRE PROTECTION IS CONSTANTLY AVAILABLE TO THE SITE THROUGHOUT THIS SPECIFIC WORK AND THROUGH ALL PHASES OF CONSTRUCTION. CONTRACTOR WILL BE RESPONSIBLE FOR ARRANGING/PROVIDING ANY REQUIRED WATER MAIN SHUT OFFS WITH THE CITY OF APPLE VALLEY DURING CONSTRUCTION. ANY COSTS ASSOCIATED WITH WATER MAIN SHUT OFFS WILL BE THE RESPONSIBILITY OF THE CONTRACTOR AND NO EXTRA COMPENSATION WILL BE PROVIDED. 13.REFER TO SURVEY FOR ALL EXISTING INVERT AND RIM ELEVATIONS. 14.ALL UTILITIES SHOWN ARE EXISTING UTILITIES. 15.IN THE EVENT A WELL IS FOUND, THE CONTRACTOR SHALL CONTACT THE ENGINEER AND OWNER IMMEDIATELY. ALL WELLS SHALL BE SEALED BY A LICENSED WELL CONTRACTOR IN ACCORDANCE WITH ALL STATE OF MINNESOTA REQUIREMENTS. 16.IN THE EVENT THAT UNKNOWN CONTAINERS OR TANKS ARE ENCOUNTERED, THE CONTRACTOR SHALL CONTACT THE OWNER AND/OR OWNERS REPRESENTATIVE IMMEDIATELY. ALL CONTAINERS SHALL BE DISPOSED OF AT A PERMITTED LANDFILL PER THE PROJECT DOCUMENTS. 17.CONTRACTOR SHALL NOTIFY THE ENGINEER IF ANY EXISTING DRAINTILE IS ENCOUNTERED ON SITE. NO ACTIVE DRAINTILE SHALL BE REMOVED WITHOUT APPROVAL FROM THE ENGINEER. DEMOLITION PLAN NOTES NORTH LIMITS OF CONSTRUCTION REMOVE BITUMINOUS SURFACE REMOVE CONCRETE SURFACE REMOVE BUILDING REMOVE TREE REMOVE CONCRETE CURB & GUTTER REMOVE UTILITY LINES PROPERTY LINE EXISTING OVERHEAD POWER LINE EXISTING CHAINLINK FENCE EXISTING J-BARRIER EXISTING RETAINING WALL EXISTING SANITARY SEWER EXISTING STORM SEWER EXISTING WATERMAIN EXISTING GAS MAIN EXISTING UNDERGROUND TELEPHONE EXISTING UNDERGROUND CABLE EXISTING CONTOUR EXISTING SIGN EXISTING FLARED END SECTION EXISTING STORM MANHOLE EXISTING STORM CATCHBASIN EXISTING GAS METER EXISTING POST INDICATOR VALVE EXISTING WELL EXISTING AUTOMATIC SPRINKLER EXISTING ROOF DRAIN EXISTING GATE VALVE EXISTING HYDRANT EXISTING METAL COVER EXISTING ELECTRICAL METER EXISTING AIR CONDITIONER EXISTING TELEPHONE MANHOLE EXISTING CABLE BOX EXISTING GUY WIRE EXISTING POWER POLE EXISTING LIGHT POLE EXISTING TREE CLEARING & GRUBBING FILL & ABANDON UTILITY LINES EXISTING CURB & GUTTER LEGEND FULL DEPTH SAWCUT CEDAR AVENUEGLENDA AVENUE149TH AVE WEST SEE SHEET C201 ±23,750 SF EXISTING RETAIL REMOVE EXISTING TREE (TYP.) REMOVE EXISTING UTILITY (TYP.) REMOVE EXISTING CURB AND GUTTER (TYP.) REMOVE EXISTING BUILDING (TYP.) PROTECT EXISTING PAVING (TYP.) REMOVE EXISTING BITUMINOUS ASPHALT PAVING (TYP.) PROTECT WESTERN PORTION OF EXISTING RETAIL BUILDING COORDINATE EXACT DEMOLITION LIMITS WITH PROPOSED ARCHITECTURAL PLANS FOR SOUTH RETAIL BUILDING This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Interstate Partners\Portillos - Apple Valley\3 Design\CAD\PlanSheets\C2-DEMO PLAN.dwg January 31, 2019 - 2:31pmBYREVISIONSNo.DATEBRJCITY SUBMITTAL111/07/2018BRJCITY RESUBMITTAL201/02/2019BMWCITY RESUBMITTAL301/09/2019BMWREV SOUTH RETAIL BLDG SETBACK401/22/2019BMWCITY RESUBMITTAL501/31/2019PRELIMINARY - NOT FOR CONSTRUCTIONPREPARED FORDEMO PLANC201TIMES SQUARESHOPPING CENTERINTERSTATEDEVELOPMENTAPPLE VALLEYMINNESOTADATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN01/31/201953113DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16095900501/31/2019AS SHOWNBMWACLWDM1.THE CONTRACTOR IS RESPONSIBLE FOR THE DEMOLITION, REMOVAL, AND DISPOSAL (IN A LOCATION APPROVED BY ALL GOVERNING AUTHORITIES) ALL STRUCTURES, PADS, WALLS, FLUMES, FOUNDATIONS, PARKING, DRIVES, DRAINAGE STRUCTURES, UTILITIES, ETC. SUCH THAT THE IMPROVEMENTS ON THE PLANS CAN BE CONSTRUCTED. ALL FACILITIES TO BE REMOVED SHALL BE UNDERCUT TO SUITABLE MATERIAL AND BROUGHT TO GRADE WITH SUITABLE COMPACTED FILL MATERIAL PER THE PROJECT DOCUMENTS. 2.THE CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL DEBRIS FROM THE SITE AND DISPOSING THE DEBRIS IN A LAWFUL MANNER. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL PERMITS REQUIRED FOR DEMOLITION AND DISPOSAL. CONTRACTOR SHALL PROVIDE COPIES OF THE PERMIT AND RECEIPTS OF DISPOSAL OF MATERIALS TO THE OWNER AND OWNERS REPRESENTATIVE. 3.THE CONTRACTOR SHALL MAINTAIN ALL UTILITY SERVICES TO ADJACENT PROPERTIES AT ALL TIMES. UTILITY SERVICES SHALL NOT BE INTERRUPTED WITHOUT APPROVAL FROM THE CONSTRUCTION MANAGER AND COORDINATION WITH THE ADJACENT PROPERTIES AND/OR THE CITY. 4.THE CONTRACTOR SHALL COORDINATE WITH RESPECTIVE UTILITY COMPANIES PRIOR TO THE REMOVAL AND/OR RELOCATION OF UTILITIES. THE CONTRACTOR SHALL COORDINATE WITH THE UTILITY COMPANY CONCERNING PORTIONS OF WORK WHICH MAY BE PERFORMED BY THE UTILITY COMPANY'S FORCES AND ANY FEES WHICH ARE TO BE PAID TO THE UTILITY COMPANY FOR THEIR SERVICES. THE CONTRACTOR IS RESPONSIBLE FOR PAYING ALL FEES AND CHARGES. 5.THE LOCATIONS OF ALL EXISTING UTILITIES SHOWN ON THE PLAN HAVE BEEN DETERMINED FROM THE BEST INFORMATION AVAILABLE AND ARE GIVEN FOR THE CONVENIENCE OF THE CONTRACTOR. THE ENGINEER ASSUMES NO RESPONSIBILITY FOR THEIR ACCURACY. PRIOR TO THE START OF ANY DEMOLITION ACTIVITY, THE CONTRACTOR SHALL NOTIFY THE UTILITY COMPANIES FOR LOCATIONS OF EXISTING UTILITIES WITHIN ALL AREAS OF PROPOSED WORK. 6.ALL EXISTING SEWERS, PIPING AND UTILITIES SHOWN ARE NOT TO BE INTERPRETED AS THE EXACT LOCATION, OR AS ANY OBSTACLES THAT MAY OCCUR ON THE SITE. VERIFY EXISTING CONDITIONS AND PROCEED WITH CAUTION AROUND ANY ANTICIPATED FEATURES. GIVE NOTICE TO ALL UTILITY COMPANIES REGARDING DESTRUCTION AND REMOVAL OF ALL SERVICE LINES AND CAP ALL LINES BEFORE PRECEDING WITH THE WORK. 7.ELECTRICAL, TELEPHONE, CABLE, WATER, FIBER OPTIC, AND/OR GAS LINES NEEDING TO BE REMOVED OR RELOCATED SHALL BE COORDINATED WITH THE AFFECTED UTILITY COMPANY. ADEQUATE TIME SHALL BE PROVIDED FOR RELOCATION AND CLOSE COORDINATION WITH THE UTILITY COMPANY IS NECESSARY TO PROVIDE A SMOOTH TRANSITION IN UTILITY SERVICE. CONTRACTOR SHALL PAY CLOSE ATTENTION TO EXISTING UTILITIES WITHIN ANY ROAD RIGHT-OF-WAY DURING CONSTRUCTION. 8.CONTRACTOR MUST PROTECT THE PUBLIC AT ALL TIMES WITH FENCING, BARRICADES, ENCLOSURES, ETC. (AND OTHER APPROPRIATE BEST MANAGEMENT PRACTICES) AS APPROVED BY THE CONSTRUCTION MANAGER. MAINTENANCE OF TRAFFIC CONTROL SHALL BE COORDINATED IN ACCORDANCE WITH APPLE VALLEY, DAKOTA COUNTY AND MINNESOTA/DOT. 9.CONTRACTOR SHALL MAINTAIN ACCESS TO ALL ADJACENT PROPERTIES DURING CONSTRUCTION, AND SHALL NOTIFY ALL PROPERTIES IF ACCESS WILL BE INTERRUPTED OR ALTERED AT ANY TIME DURING CONSTRUCTION. 10.PRIOR TO DEMOLITION OCCURRING, ALL EROSION CONTROL DEVICES ARE TO BE INSTALLED. 11.CONTRACTOR MAY LIMIT SAW-CUT AND PAVEMENT REMOVAL TO ONLY THOSE AREAS WHERE IT IS REQUIRED AS SHOWN ON THESE CONSTRUCTION PLANS BUT IF ANY DAMAGE IS INCURRED ON ANY OF THE SURROUNDING PAVEMENT, ETC. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ITS REMOVAL AND REPAIR. 12.THE CONTRACTOR SHALL COORDINATE WATER MAIN WORK WITH THE FIRE DEPT. AND THE CITY WATER DEPARTMENT TO PLAN PROPOSED IMPROVEMENTS AND TO ENSURE ADEQUATE FIRE PROTECTION IS CONSTANTLY AVAILABLE TO THE SITE THROUGHOUT THIS SPECIFIC WORK AND THROUGH ALL PHASES OF CONSTRUCTION. CONTRACTOR WILL BE RESPONSIBLE FOR ARRANGING/PROVIDING ANY REQUIRED WATER MAIN SHUT OFFS WITH THE CITY OF APPLE VALLEY DURING CONSTRUCTION. ANY COSTS ASSOCIATED WITH WATER MAIN SHUT OFFS WILL BE THE RESPONSIBILITY OF THE CONTRACTOR AND NO EXTRA COMPENSATION WILL BE PROVIDED. 13.REFER TO SURVEY FOR ALL EXISTING INVERT AND RIM ELEVATIONS. 14.ALL UTILITIES SHOWN ARE EXISTING UTILITIES. 15.IN THE EVENT A WELL IS FOUND, THE CONTRACTOR SHALL CONTACT THE ENGINEER AND OWNER IMMEDIATELY. ALL WELLS SHALL BE SEALED BY A LICENSED WELL CONTRACTOR IN ACCORDANCE WITH ALL STATE OF MINNESOTA REQUIREMENTS. 16.IN THE EVENT THAT UNKNOWN CONTAINERS OR TANKS ARE ENCOUNTERED, THE CONTRACTOR SHALL CONTACT THE OWNER AND/OR OWNERS REPRESENTATIVE IMMEDIATELY. ALL CONTAINERS SHALL BE DISPOSED OF AT A PERMITTED LANDFILL PER THE PROJECT DOCUMENTS. 17.CONTRACTOR SHALL NOTIFY THE ENGINEER IF ANY EXISTING DRAINTILE IS ENCOUNTERED ON SITE. NO ACTIVE DRAINTILE SHALL BE REMOVED WITHOUT APPROVAL FROM THE ENGINEER. DEMOLITION PLAN NOTES NORTH LIMITS OF CONSTRUCTION REMOVE BITUMINOUS SURFACE REMOVE CONCRETE SURFACE REMOVE BUILDING REMOVE TREE REMOVE CONCRETE CURB & GUTTER REMOVE UTILITY LINES PROPERTY LINE EXISTING OVERHEAD POWER LINE EXISTING CHAINLINK FENCE EXISTING J-BARRIER EXISTING RETAINING WALL EXISTING SANITARY SEWER EXISTING STORM SEWER EXISTING WATERMAIN EXISTING GAS MAIN EXISTING UNDERGROUND TELEPHONE EXISTING UNDERGROUND CABLE EXISTING CONTOUR EXISTING SIGN EXISTING FLARED END SECTION EXISTING STORM MANHOLE EXISTING STORM CATCHBASIN EXISTING GAS METER EXISTING POST INDICATOR VALVE EXISTING WELL EXISTING AUTOMATIC SPRINKLER EXISTING ROOF DRAIN EXISTING GATE VALVE EXISTING HYDRANT EXISTING METAL COVER EXISTING ELECTRICAL METER EXISTING AIR CONDITIONER EXISTING TELEPHONE MANHOLE EXISTING CABLE BOX EXISTING GUY WIRE EXISTING POWER POLE EXISTING LIGHT POLE CLEARING & GRUBBING FILL & ABANDON UTILITY LINES EXISTING CURB & GUTTER LEGEND FULL DEPTH SAWCUT MATCH LINE. SEE SHEET C402 STOP DRIVETHRUENTRYSTOPVANSTOP UPDN UPSTOP STOP DRIVETHRUENTRYSTOPVANSTOP UPDN UPSTOP PORTILLO'S8,300± SFCEDAR AVENUEGLENDA AVENUE74,000± SF RETAIL ±9,700 SF EXIST. BLDG TO REMAIN LOT 1 LOT 2 LOT 3 149TH AVE WEST SEE SHEET C401 150TH STREET WESTGRANADA DRIVEGLEN D A A V E N U E RAISING CANE'SKFC O'REILLY AUTO PARTS McDONALD'SGRANADA AVENUESEE SHEET C402 CEDAR AVENUESTORMWATER MANAGEMENT STORMWATERMANAGEMENTThis document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Interstate Partners\Portillos - Apple Valley\3 Design\CAD\PlanSheets\C4-SITE PLAN.dwg January 31, 2019 - 2:31pm©BYREVISIONSNo.DATEBRJCITY SUBMITTAL111/07/2018BRJCITY RESUBMITTAL201/02/2019BMWCITY RESUBMITTAL301/09/2019BMWREV SOUTH RETAIL BLDG SETBACK401/22/2019BMWCITY RESUBMITTAL501/31/2019PRELIMINARY - NOT FOR CONSTRUCTIONPREPARED FORSITE PLANC400TIMES SQUARESHOPPING CENTERINTERSTATEDEVELOPMENTAPPLE VALLEYMINNESOTADATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.01/31/201953113DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16095900501/31/2019AS SHOWNBMWACLWDMSITE PLAN NOTES 1.ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONS AND CODES AND O.S.H.A. STANDARDS. 2.CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF VESTIBULES, SLOPE PAVING, SIDEWALKS, EXIT PORCHES, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS. 3.ALL INNER CURBED RADII ARE TO BE 3' AND OUTER CURBED RADII ARE TO BE 10' UNLESS OTHERWISE NOTED. STRIPED RADII ARE TO BE 5'. 4.ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 5.EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED, REMOVED OR RELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN BASE BID. 6.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESS OTHERWISE NOTED ON PLANS) INCLUDING BUT NOT LIMITED TO, ALL UTILITIES, STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALL WORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTS AND PROJECT SITE WORK SPECIFICATIONS AND SHALL BE APPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID. 7.SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM A SURVEY BY SUNDE, DATED 10/04/2018. KIMLEY-HORN ASSUMES NO LIABILITY FOR ANY ERRORS, INACCURACIES, OR OMISSIONS CONTAINED THEREIN. 8.TOTAL LAND AREA IS 10.03 ACRES. 9.PYLON / MONUMENT SIGNS SHALL BE CONSTRUCTED BY OTHERS. SIGNS ARE SHOWN FOR GRAPHICAL & INFORMATIONAL PURPOSES ONLY. CONTRACTOR TO VERIFY SIZE, LOCATION AND ANY REQUIRED PERMITS NECESSARY FOR THE CONSTRUCTION OF THE PYLON / MONUMENT SIGN. 10.CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING AND ELECTRICAL PLAN. 11.NO PROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS, ABOVE AND UNDERGROUND STRUCTURES, OR OTHER OBSTRUCTIONS SHALL BE LOCATED WITHIN EXISTING OR PROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY UNLESS SPECIFICALLY NOTED ON PLANS OTHERWISE. 12.REFERENCE ARCHITECTURAL PLANS FOR DUMPSTER ENCLOSURE DETAILS. 13.REFER TO FINAL PLAT OR ALTA SURVEY FOR EXACT LOT AND PROPERTY BOUNDARY DIMENSIONS. 14.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 15.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT. PROPOSED CURB AND GUTTER PROPERTY LINE BUILDING SETBACK LINE PROPOSED CONCRETE PAVEMENT LEGEND NORTH LOT AREA BUILDING PARKING PROVIDED** RATIO PROVIDED PARKING REQUIRED RATIO REQUIRED* LOT 1 6.42 ACRES 74,000 SQ. FT.279 SPACES 3.77 404 SPACES 5.46 LOT 2 1.84 ACRES 9,700 SQ. FT.87 SPACES 8.97 74 SPACES 7.63 LOT 3 1.77 ACRES 8,300 SQ. FT.80 SPACES 9.64 65 SPACES 7.83 10.03 ACRES 94,000 SQ. FT.446 SPACES 4.74 543 SPACES 5.78 OVERALL SITE DATA TABLE *CITY OF APPLE VALLEY MINIMUM REQUIRED PARKING SPACES: RETAIL - 1 SPACE PER 150 S.F. FOR THE FIRST 20,000 S.F. THEN 1 SPACE PER 200 S.F. THEREAFTER. RESTAURANT - 1 SPACE PER 3 SEATS. ** IT IS UNDERSTOOD THAT THERE WILL BE A SHARED PARKING AGREEMENT BETWEEN THE TENANTS OF THE THREE BUILDINGS. *** THE PROPOSED NUMBER OF PARKING STALLS IS GREATER THAN THE EXISTING NUMBER OF PARKING STALLS ON-SITE AND A PARKING VARIANCE WILL NOT BE REQUIRED. PROPOSED HEAVY DUTY ASPHALT PAVEMENT PARKING SETBACK LINE STOP DRIVETHRUENTRYSTOPVANSTOP UPDN UPSTOP STOP DRIVETHRUENTRYSTOPVANSTOP UPDN UPSTOP PORTILLO'S8,300± SFCEDAR AVENUEGLENDA AVENUE±9,700 SF EXIST. BLDG TO REMAIN LOT 2 LOT 3 149TH AVE WEST 15' BUILDING SETBACK PROPOSED PROPERTY LINE 30' BUILDING SETBACK PROPOSED PROPERTY LINE RAISING CANE'S KFC O'REILLY AUTO PARTS McDONALD'S A A B B B B BBBB C C CC D D D D D E F G H J J J J J K K KK L L L H H N NN N N N N N P P P P P Q R U U U V V U U 18.5'9.0'9.0'9.0'9.0'9.0'18.5'18.5' 9.0' 9.0' U 11.0'11.0'13.0' O O O O O 14.5'98.7'23.0' PROPOSED EXTERIOR BLDG WALL 16.0' 19.7' W W X 4.8'5.0'24.1' 15' BUILDING SETBACK 15' BUILDING SETBACK 5' PARKING SETBACK 15' BUILDING SETBACK 5' PARKING SETBACK 5' PARKING SETBACK EXISTING R.O.W AND UTILITY EASEMENT 24.0'18.0'18.0'24.0'18.0'18.0'24.0'18.0'18.0'24.0'18.0'18.0'24.0' SANITARY SEWER AND WATERMAIN EXTENSIONS WITHIN RIGHT-OF-WAY ANTICIPATED TO BE PART OF PUBLIC IMPROVEMENT PROJECT, CONTRACTOR SHALL COORDINATE TIMING OF PROPOSED UTILITY SERVICES WITH PUBLIC IMPROVEMENT PROJECT18.5'73.2'18.5'9.0'29.6'24.7'9.5 '9.5 ' 24.5' 23.2'32.6'24.9'24.0'24.8'23.6'8.0'80.0'121.0'6.0'6.0'D DD D D 20.0'Y Y Y 6.0' 9.0'20.0'9.0'24.0' 18.0'18.0' STORMWATER MANAGEMENT STORMWATERMANAGEMENTMATCH EXISTING GRADES OF NEW CURB ISLAND, REMOVE PAVEMENT AS NEEDED PER DEMO PLAN 24.4' 24.0'24.0'W 3.5' L Z Z Z QQ 24.0'9.0'18.0'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Interstate Partners\Portillos - Apple Valley\3 Design\CAD\PlanSheets\C4-SITE PLAN.dwg January 31, 2019 - 2:31pm©BYREVISIONSNo.DATEBRJCITY SUBMITTAL111/07/2018BRJCITY RESUBMITTAL201/02/2019BMWCITY RESUBMITTAL301/09/2019BMWREV SOUTH RETAIL BLDG SETBACK401/22/2019BMWCITY RESUBMITTAL501/31/2019PRELIMINARY - NOT FOR CONSTRUCTIONPREPARED FORSITE PLANC401TIMES SQUARESHOPPING CENTERINTERSTATEDEVELOPMENTAPPLE VALLEYMINNESOTADATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.01/31/201953113DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16095900501/31/2019AS SHOWNBMWACLWDMPROPOSED CURB AND GUTTER PROPERTY LINE SETBACK LINE PROPOSED CONCRETE PAVEMENT LEGEND NORTH KEYNOTE LEGEND DRIVE THRU MENU BOARD AND SIGNAGE. REF ARCH PLANS ACCESSIBLE STALL. SEE DETAIL ACCESSIBLE SIGN. SEE DETAIL ACCESSIBLE CURB RAMP WITH YELLOW PAINTED TRUNCATED DOMES. SEE DETAIL DUMPSTER ENCLOSURE. REF ARCH PLANS OUTDOOR PATIO. REF ARCH PLANS TRANSFORMER PAD. COORDINATE WITH UTILITY GENERAL LOCATION OF SITE SIGNAGE. REF ARCH PLANS. LOCATION PROVIDED FOR REFERENCE ONLY. EXACT LOCATION OF SIGN TO BE PROVIDED WITH SIGN PERMIT LIGHT POLE. REF ARCH PLANS PAVEMENT MARKING. 4" SOLID YELLOW PEDESTRIAN CROSSWALK. SEE DETAIL STOP SIGN AND BAR INTEGRAL CURB B612 CURB AND GUTTER. GUTTER SLOPE TO MATCH ADHACENT PAVEMENT. TRANSVERSE AND LONGITUDINAL. VALLEY GUTTER RAISED CURBLESS SIDEWALK "DO NOT ENTER" SIGN "ON-LINE ORDERING" SIGN NOT USED "ONE-WAY" SIGN PAVEMENT DIRECTIONAL ARROW 2' CURB CUT CEDAR AVENUE WAY-FINDING / DO NOT BLOCK INTERSECTION SIGNAGE DRIVE-THRU HOLDING SPACES DRIVE-THRU DIRECTIONAL SIGNAGE 4-6" LIMESTONE RIP RAP SWALE (SEE DETAIL ON SHEET C503) A B C D E F G H I J K L M N O P Q R S T U V W X Y Z PROPOSED HEAVY DUTY ASPHALT PAVEMENT SITE PLAN NOTES 1.ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONS AND CODES AND O.S.H.A. STANDARDS. 2.CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF VESTIBULES, SLOPE PAVING, SIDEWALKS, EXIT PORCHES, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS. 3.ALL INNER CURBED RADII ARE TO BE 3' AND OUTER CURBED RADII ARE TO BE 10' UNLESS OTHERWISE NOTED. STRIPED RADII ARE TO BE 5'. 4.ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 5.EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED, REMOVED OR RELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN BASE BID. 6.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESS OTHERWISE NOTED ON PLANS) INCLUDING BUT NOT LIMITED TO, ALL UTILITIES, STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALL WORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTS AND PROJECT SITE WORK SPECIFICATIONS AND SHALL BE APPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID. 7.SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM A SURVEY BY SUNDE, DATED 10/04/2018. KIMLEY-HORN ASSUMES NO LIABILITY FOR ANY ERRORS, INACCURACIES, OR OMISSIONS CONTAINED THEREIN. 8.TOTAL LAND AREA IS 10.03 ACRES. 9.PYLON / MONUMENT SIGNS SHALL BE CONSTRUCTED BY OTHERS. SIGNS ARE SHOWN FOR GRAPHICAL & INFORMATIONAL PURPOSES ONLY. CONTRACTOR TO VERIFY SIZE, LOCATION AND ANY REQUIRED PERMITS NECESSARY FOR THE CONSTRUCTION OF THE PYLON / MONUMENT SIGN. 10.CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING AND ELECTRICAL PLAN. 11.NO PROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS, ABOVE AND UNDERGROUND STRUCTURES, OR OTHER OBSTRUCTIONS SHALL BE LOCATED WITHIN EXISTING OR PROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY UNLESS SPECIFICALLY NOTED ON PLANS OTHERWISE. 12.REFERENCE ARCHITECTURAL PLANS FOR DUMPSTER ENCLOSURE DETAILS. 13.REFER TO FINAL PLAT OR ALTA SURVEY FOR EXACT LOT AND PROPERTY BOUNDARY DIMENSIONS. 14.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 15.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT. MATCH LINE. SEE SHEET C402 LOT AREA BUILDING PARKING PROVIDED** RATIO PROVIDED PARKING REQUIRED RATIO REQUIRED* LOT 1 6.42 ACRES 74,000 SQ. FT.279 SPACES 3.77 404 SPACES 5.46 LOT 2 1.84 ACRES 9,700 SQ. FT.87 SPACES 8.97 74 SPACES 7.63 LOT 3 1.77 ACRES 8,300 SQ. FT.80 SPACES 9.64 65 SPACES 7.83 10.03 ACRES 94,000 SQ. FT.446 SPACES 4.74 543 SPACES 5.78 OVERALL SITE DATA TABLE *CITY OF APPLE VALLEY MINIMUM REQUIRED PARKING SPACES: RETAIL - 1 SPACE PER 150 S.F. FOR THE FIRST 20,000 S.F. THEN 1 SPACE PER 200 S.F. THEREAFTER. RESTAURANT - 1 SPACE PER 3 SEATS. ** IT IS UNDERSTOOD THAT THERE WILL BE A SHARED PARKING AGREEMENT BETWEEN THE TENANTS OF THE THREE BUILDINGS. *** THE PROPOSED NUMBER OF PARKING STALLS IS GREATER THAN THE EXISTING NUMBER OF PARKING STALLS ON-SITE AND A PARKING VARIANCE WILL NOT BE REQUIRED. UPDN UP COCOD D D D D D D PORTILLO'S8,300± SFFFE: 958.00CEDAR AVENUEGLENDA AVENUE74,000± SF RETAIL ±9,700 SF EXIST. BLDG TO REMAIN FFE: 957.80 LOT 1 LOT 2 LOT 3 149TH AVE WEST SEE SHEET C501 150TH STREET WESTGRANADA DRIVEGLEN D A A V E N U E RAISING CANE'SKFC O'REILLY AUTO PARTS McDONALD'SGRANADAAVENUESEE SHEET C502 CEDAR AVENUED This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Interstate Partners\Portillos - Apple Valley\3 Design\CAD\PlanSheets\C5-GRADING PLAN.dwg January 31, 2019 - 2:32pm©BYREVISIONSNo.DATEBRJCITY SUBMITTAL111/07/2018BRJCITY RESUBMITTAL201/02/2019BMWCITY RESUBMITTAL301/09/2019BMWREV SOUTH RETAIL BLDG SETBACK401/22/2019BMWCITY RESUBMITTAL501/31/2019PRELIMINARY - NOT FOR CONSTRUCTIONPREPARED FORGRADING PLANC500TIMES SQUARESHOPPING CENTERINTERSTATEDEVELOPMENTAPPLE VALLEYMINNESOTADATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.01/31/201953113DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16095900501/31/2019AS SHOWNBMWDSSWDMNORTH GRADING PLAN NOTES 1.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CITY OF APPLE VALLEY, SPECIFICATIONS AND BUILDING PERMIT REQUIREMENTS. 2.CONTRACTOR TO CALL GOPHER STATE CALL ONE @ <1-800-252-1166> AT LEAST TWO WORKING DAYS PRIOR TO EXCAVATION/CONSTRUCTION FOR UTILITY LOCATIONS. 3.STORM SEWER PIPE SHALL BE AS FOLLOWS: RCP PER ASTM C-76 HDPE: 0" - 10" PER AASHTO M-252 HDPE: 12" OR GREATER PER ASTM F-2306 PVC SCH. 40 PER ASTM D-3034 STORM SEWER FITTINGS SHALL BE AS FOLLOWS: RCP PER ASTM C-76, JOINTS PER ASTM C-361, C-990, AND C-443 HDPE PER ASTM 3212 PVC PER ASTM D-3034, JOINTS PER ASTM D-3212 4.CONTRACTOR TO FIELD VERIFY THE LOCATIONS AND ELEVATIONS OR EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO THE START OF SITE GRADING. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES OR VARIATIONS. 5.SUBGRADE EXCAVATION SHALL BE BACKFILLED IMMEDIATELY AFTER EXCAVATION TO HELP OFFSET ANY STABILITY PROBLEMS DUE TO WATER SEEPAGE OR STEEP SLOPES. WHEN PLACING NEW SURFACE MATERIAL ADJACENT TO EXISTING PAVEMENT, THE EXCAVATION SHALL BE BACKFILLED PROMPTLY TO AVOID UNDERMINING OF EXISTING PAVEMENT. 6.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL HORIZONTAL AND VERTICAL CONTROL. 7.CONTRACTOR SHALL EXCAVATE DRAINAGE TRENCHES TO FOLLOW PROPOSED STORM SEWER ALIGNMENTS. 8.GRADES SHOWN ARE FINISHED GRADES. CONTRACTOR SHALL ROUGH GRADE TO SUBGRADE ELEVATION AND LEAVE STREET READY FOR SUBBASE. 9.ALL EXCESS MATERIAL, BITUMINOUS SURFACING, CONCRETE ITEMS, ANY ABANDONED UTILITY ITEMS, AND OTHER UNSTABLE MATERIALS SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF OFF THE CONSTRUCTION SITE. 10.REFER TO THE UTILITY PLAN FOR SANITARY SEWER MAIN, WATER MAIN SERVICE LAYOUT AND ELEVATIONS AND CASTING / STRUCTURE NOTATION. 11.CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTION OF PAVEMENTS AND CURB AND GUTTER WITH SMOOTH UNIFORM SLOPES TO PROVIDE POSITIVE DRAINAGE. 12.INSTALL A MINIMUM OF <4" CLASS 5> AGGREGATE BASE UNDER CURB AND GUTTER AND CONCRETE SIDEWALKS. 13.UPON COMPLETION OF EXCAVATION AND FILLING, CONTRACTOR SHALL RESTORE ALL STREETS AND DISTURBED AREAS ON SITE. ALL DISTURBED AREAS SHALL BE RE-VEGETATED WITH A MINIMUM OF <4" OF TOPSOIL>. 14.ALL SPOT ELEVATIONS/CONTOURS ARE TO GUTTER / FLOW LINE UNLESS OTHERWISE NOTED. 15.GRADING FOR ALL SIDEWALKS AND ACCESSIBLE ROUTES INCLUDING CROSSING DRIVEWAYS SHALL CONFORM TO CURRENT ADA STATE/NATIONAL STANDARDS. IN NO CASE SHALL ACCESSIBLE RAMP SLOPES EXCEED 1 VERTICAL TO 12 HORIZONTAL. IN NO CASE SHALL SIDEWALK CROSS SLOPES EXCEED 2% . IN NO CASE SHALL LONGITUDINAL SIDEWALK SLOPES EXCEED 5%. IN NO CASE SHALL ACCESSIBLE PARKING STALLS OR AISLES EXCEED 2% (1.5% TARGET) IN ALL DIRECTIONS. SIDEWALK ACCESS TO EXTERNAL BUILDING DOORS AND GATES SHALL BE ADA COMPLIANT. CONTRACTOR SHALL NOTIFY ENGINEER IMMEDIATELY IF ADA CRITERIA CANNOT BE MET IN ANY LOCATION PRIOR TO PAVING. NO CONTRACTOR CHANGE ORDERS WILL BE ACCEPTED FOR A.D.A COMPLIANCE ISSUES. 16.MAINTAIN A MINIMUM OF 0.5% GUTTER SLOPE TOWARDS LOW POINTS. 17.CONTRACTOR TO PROVIDE 3" INSULATION BY 5' WIDE CENTERED ON STORM PIPE IF LESS THAN 4' OF COVER IN PAVEMENT AREAS AND LESS THAN 3' OF COVER IN LANDSCAPE AREAS. 18.ALL STORM SEWER CONNECTIONS SHALL BE GASKETED AND WATER TIGHT INCLUDING MANHOLE CONNECTIONS. 19.ALL STORM SEWER PIPE SHALL BE AIR TESTED IN ACCORDANCE WITH THE CURRENT PLUMBING CODE. 20.MAINTAIN A MINIMUM OF 1.25% SLOPE IN BITUMINOUS PAVEMENT AREAS, 0.5% SLOPE IN CONCRETE PAVEMENT AREAS. 21.CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT "INFALL CURB" WHERE PAVEMENT DRAINS TOWARD GUTTER, AND "OUTFALL" CURB WHERE PAVEMENT DRAINS AWAY FROM GUTTER. PROPOSED STORM SEWER PROPOSED STORM SEWER PROPERTY LINE EXISTING CONTOUR PROPOSED CONTOUR925 PROPOSED SPOT ELEVATION100.00 LEGEND PROPOSED HIGH POINT ELEVATION HP:0.0 PROPOSED LOW POINT ELEVATION PROPOSED GUTTER ELEVATION PROPOSED TOP OF CURB ELEVATION PROPOSED FLUSH PAVEMENT ELEVATION LP:0.0 G:0.00 T:0.00 PROPOSED EMERGENCY OVERFLOW T/G:0.0 EOF:0.0 0.0%PROPOSED DRAINAGE DIRECTION 0.00%PROPOSED ADA SLOPE ME:0.0 MATCH EXISTING ELEVATION PROPOSED STORM MANHOLE (SOLID CASTING) PROPOSED STORM MANHOLE (ROUND INLET CASTING) PROPOSED STORM MANHOLE/ CATCH BASIN (CURB INLET CASTING) PROPOSED STORM SEWER CLENOUT PROPOSED RIPRAP PROPOSED FLARED END SECTION CO D EROSION CONTROL PLAN NOTES 1.ALL PERIMETER SILT FENCE AND ROCK CONSTRUCTION ENTRANCES SHALL BE INSTALLED PRIOR TO CONSTRUCTION. 2.THE CONTRACTOR SHALL CONSTRUCT DRAINAGE BASINS PRIOR TO SITE GRADING. 3.THE CONTRACTOR SHALL INSTALL CATCH BASIN EROSION CONTROL MEASURES. 4.WITHIN TWO WEEKS (14 DAYS) OF SITE GRADING, ALL DISTURBED AREAS SHALL BE STABILIZED WITH SEED, SOD, OR ROCK BASE. REFER TO LANDSCAPE PLANS FOR MATERIALS. 5.ALL EROSION CONTROL MEASURES SHALL BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH CITY, STATE, AND WATERSHED DISTRICT PERMITS. 6.THE CONTRACTOR SHALL MAINTAIN ALL EROSION CONTROL MEASURES, INCLUDING THE REMOVAL OF SILT IN FRONT OF SILT FENCES DURING THE DURATION OF THE CONSTRUCTION. 7.ANY EXCESS SEDIMENT IN PROPOSED BASINS SHALL BE REMOVED BY THE CONTRACTOR. 8.REMOVAL ALL EROSION CONTROL MEASURES AFTER VEGETATION IS ESTABLISHED. 9.THE CONTRACTOR SHALL REMOVE ALL SOILS AND SEDIMENT TRACKED ONTO EXISTING STREETS AND PAVED AREAS AND SHALL SWEEP ADJACENT STREETS AS NECESSARY IN ACCORDANCE WITH CITY REQUIREMENTS. 10.IF BLOWING DUST BECOMES A NUISANCE, THE CONTRACTOR SHALL APPLY WATER FROM A TANK TRUCK TO ALL CONSTRUCTION AREAS. UPON IMPLEMENTATION AND INSTALLATION OF THE FOLLOWING AREAS: TRAILER, PARKING, LAYDOWN, PORTA-POTTY, WHEEL WASH, CONCRETE WASHOUT, FUEL AND MATERIAL STORAGE CONTAINERS, SOLID WASTE CONTAINERS, ETC., IMMEDIATELY DENOTE THEM ON THE SITE MAPS AND NOTE ANY CHANGES IN LOCATION AS THEY OCCUR THROUGHOUT THE CONSTRUCTION PROCESS. BMP AND EROSION CONTROL INSTALLATION SEQUENCE SHALL BE AS FOLLOWS: 1.TEMPORARILY SEED, THROUGHOUT CONSTRUCTION, DENUDED AREAS THAT WILL BE INACTIVE FOR 7 DAYS OR MORE. 2.INSTALL UTILITIES, UNDERDRAINS, STORM SEWERS, UNDERGROUND SYSTEM, CURBS AND GUTTERS. 3.INSTALL APPROPRIATE INLET PROTECTION AT ALL STORM SEWER STRUCTURES AS EACH INLET STRUCTURE IS INSTALLED. 4.PERMANENTLY STABILIZE AREAS TO BE VEGETATED AS THEY ARE BROUGHT TO FINAL GRADE. 5.PREPARE SITE FOR PAVING. 6.PAVE SITE AND INSTALL STRIPING. 7.INSTALL APPROPRIATE INLET PROTECTION DEVICES FOR PAVED AREAS AS WORK PROGRESSES. 8.COMPLETE GRADING AND INSTALLATION OF PERMANENT STABILIZATION OVER ALL AREAS. 9.OBTAIN CONCURRENCE WITH THE CIVIL ENGINEERING CONSULTANT THAT THE SITE HAS BEEN FULLY STABILIZED THEN: 1.REMOVE ALL REMAINING TEMPORARY EROSION ADN SEDIMENT CONTROL DEVICES 2.STABILIZE ANY AREAS DISTURBED BY THE REMOVAL OF BMPS. SEQUENCE OF CONSTRUCTION: CURVE NUMBER SUMMARY AREA CN EXISTING LOT 1 6.42 AC 94 EXISTING LOT 2 1.84 AC 89 EXISTING LOT 3 1.77 AC 93 EXISTING OVERALL 10.03 AC 93 PROPOSED LOT 1 6.42 AC 94 PROPOSED LOT 2 1.84 AC 90 PROPOSED LOT 3 1.77 AC 91 PROPOSED OVERALL 10.03 AC 93 IMPERVIOUS / PERVIOUS SUMMARY TOTAL PERVIOUS.% EXISTING LOT 1 6.42 AC 0.631 AC 9.80% EXISTING LOT 2 1.84 AC 0.441 AC 24.00% EXISTING LOT 3 1.77 AC 0.282 AC 15.9% EXISTING TOTAL 10.03 AC 1.354 AC 13.5% PROPOSED LOT 1 6.42 AC 0.646 AC 10.1% PROPOSED LOT 2 1.84 AC 0.403 AC 21.9% PROPOSED LOT 3 1.77 AC 0.337 AC 19.0% PROPOSED TOTAL 10.03 AC 1.386 AC 11.3% UPDN UP COCOD D D D D D OCS-2 RE:956.46 IE:951.40 E4.30%4.56%1.89%3.19%1.70%PORTILLO'S8,300± SFFFE: 958.00CEDAR AVENUEGLENDA AVENUE±9,700 SF EXIST. BLDG TO REMAIN FFE: 957.80 LOT 2 LOT 3 149TH AVE WEST McDONALD'S 1.44% 1.66 %1.61%HP:956.86 HP:957.10 LP:955.25 LP:955.00 HP:956.95 G:955.86 HP:956.21 956.53 G:955.30 G:956.51 G:956.84 G:956.97 G:957.25 G:957.25 G:957.25 G:957.25 G:956.90 G:956.82 G:957.14 G:958.13 G:957.50 956.94 956.94 956.94 LP:955.95 G:956.15 LP:956.34 G:957.19 G:956.23 G:956.56 G:957.50 G:957.88 ME:957.27 ME:957.37 G:957.58 G:956.38 HP:957.15 G:956.88G:956.89 G:957.84 957.58 ME:956.50 HP:957.82 ME:956.35 ME:956.62 LP:955.43 G:955.90 955.91 956.17956.19 955.96956.27 956.46 956.47 956.27 G:956.00G:956.50 G:957.03 G:956.43 G:957.28 G:957.30 G:956.88 G:957.22 G:956.43 G:955.82 956 957 958 956 957 958 956 957 958 955955954954956957957 956956 957 957956956956957957957957955955955955 952952 952952 953953 953953 954 954954 954956956 956956 956 956 956 9569579579 5 795733.33%24.19%2.08%26.55%3.31%3.6 1 % 1.78%4.22%3.70%3.19%2.48%1.94% 1.49% 1.19% 2.56%2.20%2.23% 3.85% 4.15 %2.19%955955953953954954954954954956 956956956957 957 957957957957 957 958958958958958 9 5 5 953954956957958 958 CONSTRUCT PROPOSED STORM CATCH BASIN MANHOLE OVER EXISTING 18" STORM SEWER. CONTRACTOR TO VERIFY EXISTING INVERT ELEVATION AND SIZE PRIOR TO CONSTRUCTION EAST BIO-INFILTRATION BASIN BOTTOM OF BASIN: 952.50 TOP OF BASIN: 955.00 10" RISER OUTLET: 953.80 TOTAL STORAGE: 1,331 CF 100-YEAR ELEVATION: 954.99 DRAINAGE SWALE @ MIN. 1.0% TO BIO-INFILTRATION BASIN G:958.00 G:958.00 G:958.00 G:957.91 G:958.00 CONNECT TO EXISTING 12" STORM. CONTRACTOR TO VERIFY INVERT ELEVATION AND SIZE PRIOR TO CONSTRUCTION. STR -24 RE:957.64 IE:951.23 S IE:951.23 E IE:951.49 W STR -23 RE:957.78 IE:951.82 E IE:951.82 N STR -34 RE:955.90 IE:952.20 E STR -16 RE:955.95 IE:951.54 W STR -30 RE:955.43 IE:951.23 W STR -29 RE:955.46 IE:951.61 W IE:951.56 E STR -12 RE:955.22 IE:951.98 E OCS-1 RE:955.66 IE:951.63 WSTR -27 RE:956.00 IE:952.00 SE IE:951.36 SW IE:951.26 N STR -19 RE:957.09 IE:950.59 W IE:950.59 S FES-1 IE:953.50 NW STR -26 RE:954.75 IE:952.30 NE STR -35 RE:956.95 IE:952.99 SE IE:952.94 W 150 LF - 18" SD @ 0.25% 145 LF - 12" SD @ 0.35% 58 LF - 12" SD @ 0.54% 132 LF - 12" SD @ 0.61% 5 LF - 10" SD @ 1.00% 53 LF - 10" SD @ 1.11% 73 LF - 10" SD @ 1.00% 60 LF - 12" SD @ 0.50% 3 LF - 18" SD @ 1.00% 94 LF - 18" SD @ 0.35% 39 LF - 10" SD @ 2.00% 11 LF - 12" SD @ 0.50% 211 LF - 15" SD @ 0.35% 39 LF - 18" SD @ 0.50% EAST UNDERGROUND STORMTECH (SC-740 CHAMBERS / 30" CHAMBER OR APPROVED EQUAL) INFILTRATION SYSTEM STONE IE: 950.35 CHAMBER IE: 951.10 TOP OF CHAMBER: 953.60 TOP OF STONE: 954.10 TOTAL STORAGE: 19,428 CF 100-YEAR ELEVATION: 953.82 CONTRACTOR TO OBTAIN RIGHT-OF-WAY PERMIT FROM CITY OF APPLE VALLEY FOR WORK IN GRANADA AVENUE CONTRACTOR TO OBTAIN RIGHT-OF-WAY PERMIT FROM CITY OF APPLE VALLEY FOR WORK IN GLENDA AVENUE G:956.33G:955.76 G:956.03 EOF:956.43 EOF:956.26 EOF:956.25 G:956.39 G:956.24 G:956.55 G:956.63 G:956.11 D RAIN GUARDIAN TURRET RAIN GUARDIAN TURRET RAIN GUARDIAN TURRET RAIN GUARDIAN TURRET G:957.70 G:958.09 G:958.22 G:958.18 G:958.00 G:957.65 G:957.50 G:957.77G:957.90G:958.27G:958.43G:958.49G:958.38G:958.15G:957.98G:957.75 STR -32 ROOF DRAIN, COORD W/MEP IE:953.27 E STR -43 RE:957.13 IE:951.57 E IE:951.07 N FES-2 IE:952.50 W PRETREATMENT ISOLATOR ROW PRETREATMENT ISOLATOR ROW PRETREATMENT ISOLATOR ROW G:955.60956956 956 G:956.86 G:956.91 G:956.60 96 LF - 12" SD @ 0.50% EOF:956.06 EOF:956.86 EOF:956.56 EOF:955.24 WEST BIO-INFILTRATION BASIN BOTTOM OF BASIN: 951.70 TOP OF BASIN: 956.00 FES 12" IE: 953.50 TOTAL STORAGE: 8,947 CF 100-YEAR ELEVATION: 954.62 LP:955.22 G:955.49 51 LF - 6" SD @ 1.00% GRADE DRAINAGE SWALE @ MIN. 2.0% TO AREA DRAIN 2.15%5.12%STR -39 CONNECT TO UG IE:951.10 E STR -17 RE:956.84 IE:951.23 E IE:951.13 S STR -45 CONNECT TO UG IE:951.10 N 3 LF - 12" SD @ 1.00% STR -28 CONNECT TO UG IE:951.23 S HP:957.24 G:957.92 STR -37 RE:955.20 IE:952.00 SW IE:951.56 NE HP:955.75 8.48%13.30%NYLOPLAST DRAIN BASIN W/ BEEHIVE CASTING NYLOPLAST DRAIN BASIN W/ BEEHIVE CASTING STR -49 RE:954.16 IE:952.11 NW 82 LF - 12" SD @ 0.50% FES-3 RE:953.75 IE:951.70 SE G:956.87 This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Interstate Partners\Portillos - Apple Valley\3 Design\CAD\PlanSheets\C5-GRADING PLAN.dwg January 31, 2019 - 2:32pm©BYREVISIONSNo.DATEBRJCITY SUBMITTAL111/07/2018BRJCITY RESUBMITTAL201/02/2019BMWCITY RESUBMITTAL301/09/2019BMWREV SOUTH RETAIL BLDG SETBACK401/22/2019BMWCITY RESUBMITTAL501/31/2019PRELIMINARY - NOT FOR CONSTRUCTIONPREPARED FORGRADING PLANC501TIMES SQUARESHOPPING CENTERINTERSTATEDEVELOPMENTAPPLE VALLEYMINNESOTADATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.01/31/201953113DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16095900501/31/2019AS SHOWNBMWDSSWDMGRADING PLAN NOTES 1.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CITY OF APPLE VALLEY, SPECIFICATIONS AND BUILDING PERMIT REQUIREMENTS. 2.CONTRACTOR TO CALL GOPHER STATE CALL ONE @ <1-800-252-1166> AT LEAST TWO WORKING DAYS PRIOR TO EXCAVATION/CONSTRUCTION FOR UTILITY LOCATIONS. 3.STORM SEWER PIPE SHALL BE AS FOLLOWS: RCP PER ASTM C-76 HDPE: 0" - 10" PER AASHTO M-252 HDPE: 12" OR GREATER PER ASTM F-2306 PVC SCH. 40 PER ASTM D-3034 STORM SEWER FITTINGS SHALL BE AS FOLLOWS: RCP PER ASTM C-76, JOINTS PER ASTM C-361, C-990, AND C-443 HDPE PER ASTM 3212 PVC PER ASTM D-3034, JOINTS PER ASTM D-3212 4.CONTRACTOR TO FIELD VERIFY THE LOCATIONS AND ELEVATIONS OR EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO THE START OF SITE GRADING. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES OR VARIATIONS. 5.SUBGRADE EXCAVATION SHALL BE BACKFILLED IMMEDIATELY AFTER EXCAVATION TO HELP OFFSET ANY STABILITY PROBLEMS DUE TO WATER SEEPAGE OR STEEP SLOPES. WHEN PLACING NEW SURFACE MATERIAL ADJACENT TO EXISTING PAVEMENT, THE EXCAVATION SHALL BE BACKFILLED PROMPTLY TO AVOID UNDERMINING OF EXISTING PAVEMENT. 6.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL HORIZONTAL AND VERTICAL CONTROL. 7.CONTRACTOR SHALL EXCAVATE DRAINAGE TRENCHES TO FOLLOW PROPOSED STORM SEWER ALIGNMENTS. 8.GRADES SHOWN ARE FINISHED GRADES. CONTRACTOR SHALL ROUGH GRADE TO SUBGRADE ELEVATION AND LEAVE STREET READY FOR SUBBASE. 9.ALL EXCESS MATERIAL, BITUMINOUS SURFACING, CONCRETE ITEMS, ANY ABANDONED UTILITY ITEMS, AND OTHER UNSTABLE MATERIALS SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF OFF THE CONSTRUCTION SITE. 10.REFER TO THE UTILITY PLAN FOR SANITARY SEWER MAIN, WATER MAIN SERVICE LAYOUT AND ELEVATIONS AND CASTING / STRUCTURE NOTATION. 11.CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTION OF PAVEMENTS AND CURB AND GUTTER WITH SMOOTH UNIFORM SLOPES TO PROVIDE POSITIVE DRAINAGE. 12.INSTALL A MINIMUM OF <4" CLASS 5> AGGREGATE BASE UNDER CURB AND GUTTER AND CONCRETE SIDEWALKS. 13.UPON COMPLETION OF EXCAVATION AND FILLING, CONTRACTOR SHALL RESTORE ALL STREETS AND DISTURBED AREAS ON SITE. ALL DISTURBED AREAS SHALL BE RE-VEGETATED WITH A MINIMUM OF <4" OF TOPSOIL>. 14.ALL SPOT ELEVATIONS/CONTOURS ARE TO GUTTER / FLOW LINE UNLESS OTHERWISE NOTED. 15.GRADING FOR ALL SIDEWALKS AND ACCESSIBLE ROUTES INCLUDING CROSSING DRIVEWAYS SHALL CONFORM TO CURRENT ADA STATE/NATIONAL STANDARDS. IN NO CASE SHALL ACCESSIBLE RAMP SLOPES EXCEED 1 VERTICAL TO 12 HORIZONTAL. IN NO CASE SHALL SIDEWALK CROSS SLOPES EXCEED 2% . IN NO CASE SHALL LONGITUDINAL SIDEWALK SLOPES EXCEED 5%. IN NO CASE SHALL ACCESSIBLE PARKING STALLS OR AISLES EXCEED 2% (1.5% TARGET) IN ALL DIRECTIONS. SIDEWALK ACCESS TO EXTERNAL BUILDING DOORS AND GATES SHALL BE ADA COMPLIANT. CONTRACTOR SHALL NOTIFY ENGINEER IMMEDIATELY IF ADA CRITERIA CANNOT BE MET IN ANY LOCATION PRIOR TO PAVING. NO CONTRACTOR CHANGE ORDERS WILL BE ACCEPTED FOR A.D.A COMPLIANCE ISSUES. 16.MAINTAIN A MINIMUM OF 0.5% GUTTER SLOPE TOWARDS LOW POINTS. 17.CONTRACTOR TO PROVIDE 3" INSULATION BY 5' WIDE CENTERED ON STORM PIPE IF LESS THAN 4' OF COVER IN PAVEMENT AREAS AND LESS THAN 3' OF COVER IN LANDSCAPE AREAS. 18.ALL STORM SEWER CONNECTIONS SHALL BE GASKETED AND WATER TIGHT INCLUDING MANHOLE CONNECTIONS. 19.ALL STORM SEWER PIPE SHALL BE AIR TESTED IN ACCORDANCE WITH THE CURRENT PLUMBING CODE. 20.MAINTAIN A MINIMUM OF 1.25% SLOPE IN BITUMINOUS PAVEMENT AREAS, 0.5% SLOPE IN CONCRETE PAVEMENT AREAS. 21.CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT "INFALL CURB" WHERE PAVEMENT DRAINS TOWARD GUTTER, AND "OUTFALL" CURB WHERE PAVEMENT DRAINS AWAY FROM GUTTER. PROPOSED STORM SEWER PROPOSED STORM SEWER PROPERTY LINE EXISTING CONTOUR PROPOSED CONTOUR925 PROPOSED SPOT ELEVATION100.00 LEGEND PROPOSED HIGH POINT ELEVATION HP:0.0 PROPOSED LOW POINT ELEVATION PROPOSED GUTTER ELEVATION PROPOSED TOP OF CURB ELEVATION PROPOSED FLUSH PAVEMENT ELEVATION LP:0.0 G:0.00 T:0.00 PROPOSED EMERGENCY OVERFLOW T/G:0.0 EOF:0.0 PROPOSED DRAINAGE DIRECTION 0.0% 0.00%PROPOSED ADA SLOPE ME:0.0 MATCH EXISTING ELEVATION PROPOSED STORM MANHOLE (SOLID CASTING) PROPOSED STORM MANHOLE (ROUND INLET CASTING) PROPOSED STORM MANHOLE/ CATCH BASIN (CURB INLET CASTING) PROPOSED STORM SEWER CLENOUT PROPOSED RIPRAP PROPOSED FLARED END SECTION CO D NORTH MATCH LINE. SEE SHEET C502 CURVE NUMBER SUMMARY AREA CN EXISTING LOT 1 6.42 AC 94 EXISTING LOT 2 1.84 AC 89 EXISTING LOT 3 1.77 AC 93 EXISTING OVERALL 10.03 AC 93 PROPOSED LOT 1 6.42 AC 94 PROPOSED LOT 2 1.84 AC 90 PROPOSED LOT 3 1.77 AC 91 PROPOSED OVERALL 10.03 AC 93 IMPERVIOUS / PERVIOUS SUMMARY TOTAL PERVIOUS.% EXISTING LOT 1 6.42 AC 0.631 AC 9.80% EXISTING LOT 2 1.84 AC 0.441 AC 24.00% EXISTING LOT 3 1.77 AC 0.282 AC 15.9% EXISTING TOTAL 10.03 AC 1.354 AC 13.5% PROPOSED LOT 1 6.42 AC 0.646 AC 10.1% PROPOSED LOT 2 1.84 AC 0.403 AC 21.9% PROPOSED LOT 3 1.77 AC 0.337 AC 19.0% PROPOSED TOTAL 10.03 AC 1.386 AC 11.3% 1.GRADING OF THE INFILTRATION BASINS SHALL BE ACCOMPLISHED USING LOW-IMPACT, EARTH-MOVING EQUIPMENT TO PREVENT COMPACTION OF THE UNDERLYING SOILS. A BACKHOE WITH TOOTHED BUCKET SHALL BE USED FOR EXCAVATION OF INFILTRATION BASINS TO PREVENT COMPACTION OR SMEARING OF SOILS. THE CONTRACTOR SHALL SCARIFY THE UNDERLYING SOILS TO A MINIMUM 18" DEPTH TO REMOVE COMPACTION. THE FIRST LIFT OF ENGINEERED SOIL SHALL BE MIXED WITH THE UNDERLYING SOILS. LEVELING AND FINAL GRADING WITHIN THE CELL MUST BE DONE BY HAND. 2.INFILTRATION BASINS EXCAVATION SHALL BE HELD 1' ABOVE THE BOTTOM OF THE BASIN UNTIL THE CONTRIBUTING DRAINAGE AREAS WITH EXPOSED SOILS HAVE BEEN FULLY STABILIZED AND BITUMINOUS BASE COURSE INSTALLED ON THE CONTRIBUTING AREAS. 3.DIVERT UPLAND DRAINAGE AREAS TO PREVENT RUNOFF FROM ENTERING THE EXCAVATED CELL OR INTO THE WORK AREA. 4.CARE MUST BE TAKEN TO AVOID CONTAMINATION OF ENGINEERED SOILS WITH SEDIMENT, IN-SITU, OR TOPSOIL DURING AND AFTER INSTALLATION. MATERIALS MUST BE SEGREGATED. 5.INSTALLATION WITH DRY SOIL CONDITIONS IS CRITICAL TO PREVENT SMEARING AND COMPACTION. SCHEDULE WORK FOR PERIODS OF DRY WEATHER. 6.DO NOT LEAVE INFILTRATION AREAS AND/OR PERIMETER SLOPE EXPOSED OVERNIGHT. SECURE THE AREA FROM RISK OF PRECIPITATION DAMAGES AT THE END OF EVERY WORK DAY. IN THE EVENT OF RAIN, TAKE ACTION TO DIVERT STORMWATER AWAY FROM WORK AREA AND TEMPORARILY COVER ALL EXPOSED SOILS WITH FILTER FABRIC OR IMPERMEABLE SHEETING. 7.IN THE EVENT THAT THE SEDIMENT IS INTRODUCED INTO THE BMP DURING OR IMMEDIATELY FOLLOWING EXCAVATION, REMOVE SEDIMENT PRIOR TO INITIATING THE NEXT STEP IN THE INFILTRATION BASIN CONSTRUCTION PROCESS. 8.EXCAVATE SEDIMENT BUILT UP DURING CONSTRUCTION AFTER STABILIZATION OF UPSTREAM AREAS AND BEFORE PLACEMENT OF HYDRAULIC SOIL STABILIZER TYPE SPECIAL. 9.STOCKPILING OF MATERIAL SHALL NOT BE ALLOWED IN PROPOSED INFILTRATION BASINS. 10.NO CONSTRUCTION EQUIPMENT SHALL BE ALLOWED IN THE INFILTRATION AREA BEFORE OR AFTER IT IS CONSTRUCTED. ONLY SPECIFIED EQUIPMENT WILL BE ALLOWED INSIDE OF ORANGE CONSTRUCTION FENCE FOR THE SOLE PURPOSE OF CONSTRUCTION THE FILTRATION BASIN. 11.ALL INFILTRATION BASIN CONSTRUCTION ACTIVITIES SHALL BE COMPLETED DURING DRY SOIL CONDITIONS. 12.ALL INFILTRATION AREAS SHALL BE PROTECTED DURING CONSTRUCTION OPERATIONS. STORMWATER MANAGEMENT NOTES UPDN UP COCOPORTILLO'S8,300± SFCEDAR AVENUEGLENDA AVENUE74,000± SF RETAIL ±9,700 SF EXIST. BLDG TO REMAIN LOT 1 LOT 2 LOT 3 149TH AVE WEST SEE SHEET C601 150TH STREET WESTGRANADA DRIVEGLEN D A A V E N U E RAISING CANE'SKFC O'REILLY AUTO PARTS McDONALD'SGRANADAAVENUESEE SHEET C602 CEDAR AVENUE957.85 CO This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Interstate Partners\Portillos - Apple Valley\3 Design\CAD\PlanSheets\C6-UTILITY PLAN.dwg January 31, 2019 - 2:32pmBYREVISIONSNo.DATEBRJCITY SUBMITTAL111/07/2018BRJCITY RESUBMITTAL201/02/2019BMWCITY RESUBMITTAL301/09/2019BMWREV SOUTH RETAIL BLDG SETBACK401/22/2019BMWCITY RESUBMITTAL501/31/2019PRELIMINARY - NOT FOR CONSTRUCTIONPREPARED FORUTILITY PLANC600TIMES SQUARESHOPPING CENTERINTERSTATEDEVELOPMENTAPPLE VALLEYMINNESOTADATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.01/31/201953113DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16095900501/31/2019AS SHOWNBMWDSSWDMUTILITY PLAN NOTES 1.ALL FILL MATERIAL IS TO BE IN PLACE, AND COMPACTED BEFORE INSTALLATION OF PROPOSED UTILITIES. 2.SANITARY SEWER PIPE SHALL BE AS FOLLOWS: 8" PVC SDR35 PER ASTM D-3034, FOR PIPES LESS THAN 12' DEEP 8" PVC SDR26 PER ASTM D-3034, FOR PIPES MORE THAN 12' DEEP 6" PVC SCHEDULE 40 PER ASTM D-3034 DUCTILE IRON PIPE PER AWWA C150 3.WATER LINES SHALL BE AS FOLLOWS: 6" AND LARGER, PVC C-900 PER ASTM D 2241 CLASS 200 UNDER COUNTY ROADS, OTHERWISE CLASS 150 4" AND LARGER DUCTILE IRON PIPE PER AWWA C150 SMALLER THAN 3" PIPING SHALL BE COPPER TUBE TYPE "K" PER ANSI 816.22 OR PVC, 200 P.S.I., PER ASTM D1784 AND D2241. 4.MINIMUM TRENCH WIDTH SHALL BE 2 FEET. 5.ALL WATER JOINTS ARE TO BE MECHANICAL JOINTS WITH RESTRAINTS SUCH AS THRUST BLOCKING, WITH STAINLESS STEEL OR COBALT BLUE BOLTS, OR AS INDICATED IN THE CITY SPECIFICATIONS AND PROJECT DOCUMENTS. 6.ALL UTILITIES SHOULD BE KEPT TEN (10') APART (PARALLEL) OR WHEN CROSSING 18" VERTICAL CLEARANCE (OUTSIDE EDGE OF PIPE TO OUTSIDE EDGE OF PIPE OR STRUCTURE). 7.CONTRACTOR SHALL MAINTAIN A MINIMUM OF 7'-5" COVER ON ALL WATERLINES. 8.IN THE EVENT OF A VERTICAL CONFLICT BETWEEN WATER LINES, SANITARY LINES, STORM LINES AND GAS LINES, OR ANY OBSTRUCTION (EXISTING AND PROPOSED), THE SANITARY LINE SHALL BE SCH. 40 OR C900 WITH MECHANICAL JOINTS AT LEAST 10 FEET ON EITHER SIDE OF THE CENTER LINE OF THE CROSSING. THE WATER LINE SHALL HAVE MECHANICAL JOINTS WITH APPROPRIATE FASTENERS AS REQUIRED TO PROVIDE A MINIMUM OF 18" VERTICAL SEPARATION. MEETING REQUIREMENTS OF ANSI A21.10 OR ANSI 21.11 (AWWA C-151) (CLASS 50). 9.LINES UNDERGROUND SHALL BE INSTALLED, INSPECTED AND APPROVED BEFORE BACKFILLING. 10.TOPS OF MANHOLES SHALL BE RAISED AS NECESSARY TO BE FLUSH WITH PROPOSED PAVEMENT ELEVATIONS, AND TO BE ONE FOOT ABOVE FINISHED GROUND ELEVATIONS, IN GREEN AREAS, WITH WATERTIGHT LIDS. 11.ALL CONCRETE FOR ENCASEMENTS SHALL HAVE A MINIMUM 28 DAY COMPRESSION STRENGTH AT 3000 P.S.I. 12.EXISTING UTILITIES SHALL BE VERIFIED IN FIELD PRIOR TO INSTALLATION OF ANY NEW LINES. 13.REFER TO INTERIOR PLUMBING DRAWINGS FOR TIE-IN OF ALL UTILITIES. 14.CONTRACTOR IS RESPONSIBLE FOR COMPLYING TO THE SPECIFICATIONS OF THE CITY OF APPLE VALLEY AND/OR STATE OF MINNESOTA WITH REGARDS TO MATERIALS AND INSTALLATION OF THE WATER AND SEWER LINES. 15.THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANIES AT LEAST 72 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. 16.CONTRACTOR IS RESPONSIBLE FOR ALL NECESSARY INSPECTIONS AND/OR CERTIFICATIONS REQUIRED BY CODES AND/OR UTILITY SERVICE COMPANIES. 17.CONTRACTOR SHALL COORDINATE WITH ALL UTILITY COMPANIES FOR INSTALLATION REQUIREMENTS AND SPECIFICATIONS. 18.CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING AND ELECTRICAL PLAN. 19.BACKFLOW DEVICES (DDCV AND PRZ ASSEMBLIES) AND METERS ARE LOCATED IN THE INTERIOR OF THE BUILDING. REF. ARCH / MEP PLANS. 20.ALL ONSITE WATERMAINS AND SANITARY SEWERS SHALL BE PRIVATELY OWNED AND MAINTAINED. 21.ALL WATERMAIN STUBOUTS SHALL BE MECHANICALLY RESTRAINED WITH REACTION BLOCKING. NORTH PROPOSED SANITARY SEWER MANHOLE PROPOSED SANITARY SEWER PROPOSED WATERMAIN PROPOSED GATE VALVE PROPOSED TEE PROPOSED REDUCER PROPOSED UNDERGROUND ELECTRIC PROPOSED TELEPHONE PROPOSED GAS MAIN PROPOSED STORM SEWER LEGEND CO PROPOSED SANITARY CLEANOUT UPDN UP COCOPORTILLO'S8,300± SFCEDAR AVENUEGLENDA AVENUE±9,700 SF EXIST. BLDG TO REMAIN LOT 2 LOT 3 149TH AVE WEST RAISING CANE'S KFC O'REILLY AUTO PARTS McDONALD'S A B B C D D E E F F F G H I H 8X6 REDUCER SSWR-109 BLDG SERVICE IE:951.08 E 93 LF - 6" PVC @ 2.00% SSWR-103 RE:956.04 IE:948.46 N IE:948.36 E SSWR-102 SANITARY WYE IE:945.72 W IE:945.72 N 25 LF - 6" PVC @ 2.00% SSWR-104 RE:957.82 IE:946.23 N IE:946.26 W IE:946.23 S 4 LF - 6" PVC @ 2.00% SSWR-105 STUB IE:946.30 S SSWR-107 RE:957.85 IE:946.60 SE 957.85 CO E J SSWR-108 RE:956.24 IE:949.23 W IE:949.23 S SSWR-101 RE:954.32 IE:944.46 W IE:943.96 S 223 LF - 8" PVC @ 0.40% SSWR-100 RE:955.50 IE:943.06 N IE:942.56 W 139 LF - 8" PVC @ 0.40% EX-MH RE:954.60 IE:942.00 E CONTRACTOR TO OBTAIN RIGHT-OF-WAY PERMIT FROM CITY OF APPLE VALLEY FOR WORK IN GLENDA AVENUE CONTRACTOR TO OBTAIN RIGHT-OF-WAY PERMIT FROM CITY OF APPLE VALLEY FOR WORK IN GRANADA AVENUE SANITARY SEWER AND WATERMAIN EXTENSIONS WITHIN RIGHT-OF-WAY ANTICIPATED TO BE PART OF PUBLIC IMPROVEMENT PROJECT, CONTRACTOR SHALL COORDINATE TIMING OF PROPOSED UTILITY SERVICES WITH PUBLIC IMPROVEMENT PROJECT 63 LF - 6" PVC @ 2.00% 39 LF - 6" PVC @ 2.00% 5 LF - 6" PVC @ 2.00% SSWR-106 SANITARY 45d WYE IE:946.50 NW IE:946.50 E CONNECT TO SANITARY STUB 5FT. FROM BUILDING. SEE MEP PLANS FOR CONTINUATION. TRANSFORMER PAD AGREEMENT TO BE OBTAINED FOR SHARED UTILITY SERVICES 5 LF - 6" PVC @ 2.01% 6 LF - 6" PVC @ 2.02% GREASE INTERCEPTOR BY OTHERS K L M N N J KO L CONNECT TO EXISTING SANITARY MANHOLE, IE: 942.00, CONTRACTOR SHALL FIELD VERIFY INVERT PRIOR TO CONSTRUCTION This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Interstate Partners\Portillos - Apple Valley\3 Design\CAD\PlanSheets\C6-UTILITY PLAN.dwg January 31, 2019 - 2:32pmBYREVISIONSNo.DATEBRJCITY SUBMITTAL111/07/2018BRJCITY RESUBMITTAL201/02/2019BMWCITY RESUBMITTAL301/09/2019BMWREV SOUTH RETAIL BLDG SETBACK401/22/2019BMWCITY RESUBMITTAL501/31/2019PRELIMINARY - NOT FOR CONSTRUCTIONPREPARED FORUTILITY PLANC601TIMES SQUARESHOPPING CENTERINTERSTATEDEVELOPMENTAPPLE VALLEYMINNESOTADATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.01/31/201953113DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16095900501/31/2019AS SHOWNBMWDSSWDMUTILITY PLAN NOTES 1.ALL FILL MATERIAL IS TO BE IN PLACE, AND COMPACTED BEFORE INSTALLATION OF PROPOSED UTILITIES. 2.SANITARY SEWER PIPE SHALL BE AS FOLLOWS: 8" PVC SDR35 PER ASTM D-3034, FOR PIPES LESS THAN 12' DEEP 8" PVC SDR26 PER ASTM D-3034, FOR PIPES MORE THAN 12' DEEP 6" PVC SCHEDULE 40 PER ASTM D-3034 DUCTILE IRON PIPE PER AWWA C150 3.WATER LINES SHALL BE AS FOLLOWS: 6" AND LARGER, PVC C-900 PER ASTM D 2241 CLASS 200 UNDER COUNTY ROADS, OTHERWISE CLASS 150 4" AND LARGER DUCTILE IRON PIPE PER AWWA C150 SMALLER THAN 3" PIPING SHALL BE COPPER TUBE TYPE "K" PER ANSI 816.22 OR PVC, 200 P.S.I., PER ASTM D1784 AND D2241. 4.MINIMUM TRENCH WIDTH SHALL BE 2 FEET. 5.ALL WATER JOINTS ARE TO BE MECHANICAL JOINTS WITH RESTRAINTS SUCH AS THRUST BLOCKING, WITH STAINLESS STEEL OR COBALT BLUE BOLTS, OR AS INDICATED IN THE CITY SPECIFICATIONS AND PROJECT DOCUMENTS. 6.ALL UTILITIES SHOULD BE KEPT TEN (10') APART (PARALLEL) OR WHEN CROSSING 18" VERTICAL CLEARANCE (OUTSIDE EDGE OF PIPE TO OUTSIDE EDGE OF PIPE OR STRUCTURE). 7.CONTRACTOR SHALL MAINTAIN A MINIMUM OF 7'-5" COVER ON ALL WATERLINES. 8.IN THE EVENT OF A VERTICAL CONFLICT BETWEEN WATER LINES, SANITARY LINES, STORM LINES AND GAS LINES, OR ANY OBSTRUCTION (EXISTING AND PROPOSED), THE SANITARY LINE SHALL BE SCH. 40 OR C900 WITH MECHANICAL JOINTS AT LEAST 10 FEET ON EITHER SIDE OF THE CENTER LINE OF THE CROSSING. THE WATER LINE SHALL HAVE MECHANICAL JOINTS WITH APPROPRIATE FASTENERS AS REQUIRED TO PROVIDE A MINIMUM OF 18" VERTICAL SEPARATION. MEETING REQUIREMENTS OF ANSI A21.10 OR ANSI 21.11 (AWWA C-151) (CLASS 50). 9.LINES UNDERGROUND SHALL BE INSTALLED, INSPECTED AND APPROVED BEFORE BACKFILLING. 10.TOPS OF MANHOLES SHALL BE RAISED AS NECESSARY TO BE FLUSH WITH PROPOSED PAVEMENT ELEVATIONS, AND TO BE ONE FOOT ABOVE FINISHED GROUND ELEVATIONS, IN GREEN AREAS, WITH WATERTIGHT LIDS. 11.ALL CONCRETE FOR ENCASEMENTS SHALL HAVE A MINIMUM 28 DAY COMPRESSION STRENGTH AT 3000 P.S.I. 12.EXISTING UTILITIES SHALL BE VERIFIED IN FIELD PRIOR TO INSTALLATION OF ANY NEW LINES. 13.REFER TO INTERIOR PLUMBING DRAWINGS FOR TIE-IN OF ALL UTILITIES. 14.CONTRACTOR IS RESPONSIBLE FOR COMPLYING TO THE SPECIFICATIONS OF THE CITY OF APPLE VALLEY AND/OR STATE OF MINNESOTA WITH REGARDS TO MATERIALS AND INSTALLATION OF THE WATER AND SEWER LINES. 15.THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANIES AT LEAST 72 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. 16.CONTRACTOR IS RESPONSIBLE FOR ALL NECESSARY INSPECTIONS AND/OR CERTIFICATIONS REQUIRED BY CODES AND/OR UTILITY SERVICE COMPANIES. 17.CONTRACTOR SHALL COORDINATE WITH ALL UTILITY COMPANIES FOR INSTALLATION REQUIREMENTS AND SPECIFICATIONS. 18.CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING AND ELECTRICAL PLAN. 19.BACKFLOW DEVICES (DDCV AND PRZ ASSEMBLIES) AND METERS ARE LOCATED IN THE INTERIOR OF THE BUILDING. REF. ARCH / MEP PLANS. 20.ALL ONSITE WATERMAINS AND SANITARY SEWERS SHALL BE PRIVATELY OWNED AND MAINTAINED. 21.ALL WATERMAIN STUBOUTS SHALL BE MECHANICALLY RESTRAINED WITH REACTION BLOCKING. NORTH KEYNOTE LEGEND CONNECT TO EXISTING WATERMAIN STUB WITH BEND AND GATE VALVE 45° BEND 22.5° BEND 11.25° BEND 8X8 TEE WITH GATE VALVE 8" FIRE WATER SERVICE POWER SERVICE GAS SERVICE COMMUNICATIONS SERVICE 2" DOMESTIC WATER SERVICE, TAP AND CORP STOP 8x6 REDUCER 6" FIRE WATER SERVICE FIRE HYDRANT WITH WEDGE VALVE - SEE DETAIL SEWER AND WATERMAIN CROSSING, PROVIDE MINIMUM 18" VERTICAL SEPARATION 6" GATE VALVE A B C D E F G H I J K L M N O PROPOSED SANITARY SEWER MANHOLE PROPOSED STORM SEWER PROPOSED SANITARY SEWER PROPOSED WATERMAIN PROPOSED GATE VALVE PROPOSED TEE PROPOSED REDUCER PROPOSED UNDERGROUND ELECTRIC PROPOSED TELEPHONE PROPOSED GAS MAIN PROPOSED STORM SEWER LEGEND CO PROPOSED SANITARY CLEANOUT MATCH LINE. SEE SHEET C602 PORTILLO'S8,300± SFCEDAR AVENUEGLENDA AVENUE±9,700 SF EXIST. BLDG TO REMAIN LOT 1 LOT 2 LOT 3 149TH AVE WEST UPDN UP D D DD D D D 27 - AJS 7 - KFG 27 - AJS 7 - KFG 27 - AJS 7 - KFG 27 - AJS 7 - KFG 6 - CBB 34 - SDO 3 - GOJ 30 - SDO 4 - DBH 3 - KFG 6 - SDO 6 - AJS 2 - TCA 5 - KFG 5 - DBH 27 - SDO 16 - KFG 2 - ABM 30 - SDO 4 - DBH 7 - AJS 6 - PDS2 - BOL2 - IHL2 - BOL2 - NAH 4 - SWO 2 - TCA 7 - SDO 9 - AJS 3 - KFG 3 - SGJ 9 - DBH 7 - GOJ 6 - KFG 30 - RSG 8 - SDO 9 - SDO 3 - DBH 6 - TAU 4 - ANH 8 - SDO 8 - PDS A B B B B C C C R/W AND UTILITY EASEMENT INGRESS AND EGRESS EASEMENT ELECTRIC EASEMENT 10 - SDO 8 - RGD 10 - GOJ 9 - KFG 2 - RVB 17 - SDO 6 - GOJ 3 - PRE2 ED 1 L101 2 L101 ENLARGEMENT WEST BIO-INFILTRATION BASIN ENLARGEMENT EAST BIO-INFILTRATION BASIN 6 - SDO 13 - RSG 13 - RSG 8 - KFG2 21 - AJS 3 - PDS 1 - HCK2 1 - HCK2A B 3 - GOJ 3 - GOJ 10 - PDS 8 - AJS 10 - PDS A E ORNAMENTAL TREES CODE QTY BOTANICAL NAME COMMON NAME CONT CAL SIZE RVB 2 BETULA NIGRA RIVER BIRCH MULTI-TRUNK B & B 6` HT. OVERSTORY TREES CODE QTY BOTANICAL NAME COMMON NAME CONT CAL SIZE ABM 2 ACER X FREEMANII `AUTUMN BLAZE`AUTUMN BLAZE MAPLE B & B 2.5" CAL. BOL 4 TILIA AMERICANA `BOULEVARD`BOULEVARD LINDEN B & B 2.5" CAL. HCK2 2 CELTIS OCCIDENTALIS COMMON HACKBERRY B & B 2.5" CAL. IHL 2 GLEDITSIA TRIACANTHOS VAR. INERMIS `IMPERIAL`IMPERIAL HONEYLOCUST B & B 2.5" CAL. NAH 2 GLEDITSIA TRIACANTHOS VAR. INERMIS `HARVE`NORTHERN ACCLAIM HONEYLOCUST B & B 2.5" CAL. NWM 2 ACER RUBRUM `NORTHWOOD`NORTHWOOD MAPLE B & B 2.5" CAL. PRE2 3 ULMUS AMERICANA `PRINCETON`AMERICAN ELM B & B 2.5" CAL. SWO 4 QUERCUS BICOLOR SWAMP WHITE OAK B & B 2.5" CAL. SHRUBS CODE QTY BOTANICAL NAME COMMON NAME CONT SPACING SIZE ANH 4 HYDRANGEA ARBORESCENS `ANNABELLE`ANNABELLE HYDRANGEA #5 CONT.4` O.C. CBB 6 EUONYMUS ALATUS `COMPACTUS`COMPACT BURNING BUSH #5 CONT.5` O.C. DBH 25 DIERVILLA LONICERA DWARF BUSH HONEYSUCKLE #5 CONT.3` O.C. GOJ 32 JUNIPERUS VIRGINIANA `GREY OWL`GREY OWL JUNIPER #5 CONT.4` O.C. RGD 10 CORNUS ALBA SIBIRICA `RED GNOME`RED GNOME DOGWOOD #5 CONT.4` O.C. SGJ 3 JUNIPERUS CHINENSIS `SEA GREEN`SEA GREEN JUNIPER #5 CONT.5` O.C. TAU 6 TAXUS X MEDIA `TAUNTONII`TAUTON YEW #5 CONT.5` O.C. TCA 4 THUJA OCCIDENTALIS `TECHNY`TECHNY ARBORVITAE #5 CONT.5` O.C. VAC 6 VIBURNUM TRILOBUM AMERICAN CRANBERRYBUSH #5 CONT.5` O.C. GRASSES CODE QTY BOTANICAL NAME COMMON NAME CONT SPACING SIZE KFG2 25 CALAMAGROSTIS X ACUTIFLORA `KARL FOERSTER`KARL FOERSTER FEATHER REED GRASS #1 CONT 30" OC GROUND COVERS CODE QTY BOTANICAL NAME COMMON NAME CONT SIZE SPACING AJS 105 SEDUM X `AUTUMN JOY`AUTUMN JOY SEDUM #1 CONT 18" OC KFG 70 CALAMAGROSTIS X ACUTIFLORA `KARL FOERSTER`KARL FOERSTER FEATHER REED GRASS #1 CONT 30" OC PDS 37 SPOROBOLUS HETEROLEPIS PRAIRIE DROPSEED #1 CONT 24" OC RSG 56 PEROVSKIA X `LITTLE SPIRE`LITTLE SPIRE RUSSIAN SAGE #1 CONT 18" OC SDO 246 HEMEROCALLIS X `STELLA DE ORO`STELLA DE ORO DAYLILY #1 CONT 18" O.C. PLANT SCHEDULE BASE CODE QTY BOTANICAL NAME COMMON NAME CONT SIZE SPACING JOE 20 EUPATORIUM MACULATUM JOE PYE WEED FLAT 2" PLUGS 36" OC PYE 13 EUPATORIUM X `PHANTOM`PHANTOM JOE-PYE-WEED #1 CONT 30" OC SDG 35 CAREX COMOSA BOTTLEBRUSH SEDGE FLAT 2" PLUGS 24" O.C. SWG 26 PANICUM VIRGATUM SWITCHGRASS FLAT 2" PLUGS 36" OC TUR 18 CHELONE GLABRA TURTLEHEAD FLAT 2" PLUGS 24" O.C. BASE / SIDESLOPE CODE QTY BOTANICAL NAME COMMON NAME CONT SIZE SPACING BES 28 RUDBECKIA SUBTOMENTOSA SWEET BLACK-EYED SUSAN FLAT 2" PLUGS 36" OC PBS 63 LIATRIS PYCNOSTACHYA PRAIRIE BLAZING STAR FLAT 2" PLUGS 20" O.C. SIDESLOPE CODE QTY BOTANICAL NAME COMMON NAME CONT SIZE SPACING PUR 2 ECHINACEA PURPUREA PURPLE CONEFLOWER FLAT 2" PLUGS 36" OC ZIZ 15 ZIZIA AUREA GOLDEN ALEXANDER FLAT 2" PLUGS 18" OC LANDSCAPE LEGEND EXISTING DECIDUOUS TREE (TYP.) EXISTING CONIFEROUS TREE (TYP.) EXISTING SHRUB (TYP.) EDGER (TYP.) APPROXIMATE LIMITS OF SOD / IRRIGATION, SOD ALL DISTURBED AREAS (TYP.) SOD 4" THICK 1.5"-3" ROCK MULCH (TYP.) A LANDSCAPE KEYNOTES EDGER (TYP.) DOUBLE SHREDDED HARDWOOD MULCH (TYP.) SOD (TYP.) EXISTING DECIDUOUS TREE (TYP.) ROCK MULCH (TYP.) B C D E This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Interstate Partners\Portillos - Apple Valley\3 Design\CAD\PlanSheets\L1-LANDSCAPE PLAN.dwg January 31, 2019 - 2:33pm©BYREVISIONSNo.DATEBRJCITY SUBMITTAL111/07/2018BRJCITY RESUBMITTAL201/02/2019BMWCITY RESUBMITTAL301/09/2019BMWREV SOUTH RETAIL BLDG SETBACK401/22/2019BMWCITY RESUBMITTAL501/31/2019PRELIMINARY - NOT FOR CONSTRUCTIONPREPARED FORLANDSCAPE PLANL100TIMES SQUARESHOPPING CENTERINTERSTATEDEVELOPMENTAPPLE VALLEYMINNESOTADATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALLANDSCAPE ARCHITECT UNDER THE LAWS OFTHE STATE OF MINNESOTA.MNLIC. NO.RYAN A. HYLLESTED, PLA01/31/201953828DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16095900501/31/2019AS SHOWNMPIMPIRAHNORTH LANDSCAPE YARD REQUIRED(ALONG CEDAR AVENUE):5' WIDTH LANDSCAPE YARD PROVIDED:15' MINIMUM WIDTH LANDSCAPE ISLANDS REQUIRED(LOT 2):1,007 S.F. (2.00%) =(50,317 S.F. * 0.02) LANDSCAPE ISLANDS PROVIDED(LOT 2):12,939 S.F. (25.71%) LANDSCAPE ISLANDS REQUIRED(LOT 3):699 S.F. (2.00%) =(34,920 S.F. * 0.02) LANDSCAPE ISLANDS PROVIDED(LOT 3):3,846 S.F. (11.01%) ISLAND TREE PLANTINGS REQUIRED (LOT 2):7- 2.5" CAL. IN. TREES= (1,007 SF OF ISLAND AREA/150 ) ISLAND TREE PLANTINGS PROVIDED (LOT 2):15- 2.5" CAL. IN. TREES ISLAND TREE PLANTINGS REQUIRED (LOT 3):5- 2.5" CAL. IN. TREES= (699 SF OF ISLAND AREA/150 ) ISLAND TREE PLANTINGS PROVIDED (LOT 3):6- 2.5" CAL. IN. TREES LANDSCAPE SUMMARY A2 - BES 3 - SWG 4 - SDG 4 - SDG 2 - BES 3 - JOE 7 - PBS 4 - SWG 2 - BES 2 - PYE 2 - BES 2 - SWG 4 - PBS 5 - PBS 4 - PYE 2 - SWG 2 - BES 1 - SWG 7 - JOE 3 - BES 6 - PBS 3 - BES 5 - SDG 5 - JOE 3 - SWG 4 - JOE 10 - PBS 2 - SWG 4 - BES 5 - SDG B C A B CC C C CA B A B NOTE: SEE SHEET L100 FOR LANDSCAPE SCHEDULE. BASE BOTANICAL NAME COMMON NAME JOE EUPATORIUM MACULATUM JOE PYE WEED PYE EUPATORIUM X `PHANTOM`PHANTOM JOE-PYE-WEED SDG CAREX COMOSA BOTTLEBRUSH SEDGE SWG PANICUM VIRGATUM SWITCHGRASS TUR CHELONE GLABRA TURTLEHEAD BASE / SIDESLOPE BOTANICAL NAME COMMON NAME BES RUDBECKIA SUBTOMENTOSA SWEET BLACK-EYED SUSAN PBS LIATRIS PYCNOSTACHYA PRAIRIE BLAZING STAR SIDESLOPE BOTANICAL NAME COMMON NAME PUR ECHINACEA PURPUREA PURPLE CONEFLOWER ZIZ ZIZIA AUREA GOLDEN ALEXANDER PLANT KEY LANDSCAPE LEGEND EXISTING DECIDUOUS TREE (TYP.) EXISTING CONIFEROUS TREE (TYP.) EXISTING SHRUB (TYP.) EDGER (TYP.) APPROXIMATE LIMITS OF SOD / IRRIGATION, SOD ALL DISTURBED AREAS (TYP.) SOD 4" THICK 1.5"-3" ROCK MULCH (TYP.) A LANDSCAPE KEYNOTES EDGER (TYP.) DOUBLE SHREDDED HARDWOOD MULCH (TYP.) SOD (TYP.) EXISTING DECIDUOUS TREE (TYP.) ROCK MULCH (TYP.) B C D E D 5 - SDG 10 - TUR 2 - VAC 7 - SDG 3 - BES3 - SWG 11 - PBS 3 - PYE 5 - TUR 4 - PYE 3 - TUR 2 - PUR 2 - RGD 9 - PBS 5 - SDG 12 - ZIZ 2 - BES 2 - SWG 3 - VAC A B C A B C C A B C 3 - ZIZ 2 - PBS 4 - SWG 2 - PBS 3 - BES This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2018 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Interstate Partners\Portillos - Apple Valley\3 Design\CAD\PlanSheets\L1-LANDSCAPE PLAN.dwg January 31, 2019 - 2:33pm©BYREVISIONSNo.DATEBRJCITY SUBMITTAL111/07/2018BRJCITY RESUBMITTAL201/02/2019BMWCITY RESUBMITTAL301/09/2019BMWREV SOUTH RETAIL BLDG SETBACK401/22/2019BMWCITY RESUBMITTAL501/31/2019PRELIMINARY - NOT FOR CONSTRUCTIONPREPARED FORLANDSCAPEENLARGEMENTSL101TIMES SQUARESHOPPING CENTERINTERSTATEDEVELOPMENTAPPLE VALLEYMINNESOTADATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALLANDSCAPE ARCHITECT UNDER THE LAWS OFTHE STATE OF MINNESOTA.MNLIC. NO.RYAN A. HYLLESTED, PLA01/31/201953828DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16095900501/31/2019AS SHOWNMPIMPIRAHNORTH ENLARGEMENT WEST BIO-INFILTRATION BASIN L1011 ENLARGEMENT WEST BIO-INFILTRATION BASIN SCALE: 1"=10'L1012SCALE: 1"=10' Parking Variance Red –18’ Stalls Blue –Code Compliant CITY OF MEMO Public Works TO: Alex Sharpe, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: January 10, 2019 SUBJECT: Times Square – Portillo’s General 1. Provide a narrative and site plan showing how the expansion will be constructed and any impacts prior to building permit authorization. The narrative and plan shall include the following: a. Material storage and staging i. All material storage to be onsite and indicated on plan. b. Haul routes to and from the site. c. Contractor and subcontractor parking locations i. Onsite trade parking should be provided. 2. A Public Improvement project is anticipated with this project for the extension of public utilities (sanitary sewer and water main) within Glenda Avenue. 3. Infiltration Maintenance agreements will be required for storm water improvements as part of each lot and block. Traffic 4. Public Roadway System Impacts – The daily traffic expected to be generated by the proposed development is expected to be approximately 2,500 daily trips. Of these 2,500 daily trips, it is assumed that 50 percent of them are already traveling along the public roadway system (i.e. pass-by trips). These pass-by trips were assumed to be traveling along CSAH 42 and Cedar Avenue (CSAH 23). a. The following items are noted: i. Both Cedar Avenue (CSAH 23) north of 147th Street and CSAH 42 west of Cedar Avenue are nearing a V/C of 0.85 but still under capacity. ii. The segment of CSAH 42 east of Cedar Avenue (CSAH 23) has a V/C ratio of 0.92 indicating that this segment of roadway is nearing its capacity. It should be noted that this segment would be nearing capacity regardless of the proposed development. iii. The proposed development is not expected to add more than 300 new trips to any roadway segment within the study area after pass-by reductions are applied. iv. No roadway segments are expected to increase overall daily volume by more than one and a half (1.5) percent. 5. See attached Memo from SRF regarding the review of Traffic Impact Study as submitted by Kimley-Horn dated November 6, 2018. 6. Additional Traffic Impact Study as submitted by Kimley-Horn dated 1/10/19 shall be reviewed and subject to approval by City Engineer. Permits 7. A Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge Elimination System (NPDES) permit is required for any project that disturbs more than one acre. Provide a copy of the executed permit prior to construction. 8. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 9. A right-of-way permit from the City of Apple Valley is required for work within the Granada Avenue and Glenda Drive right-of-way. 10. Provide a copy of the approval letter from the Department of Labor and Industry (DOLI) prior to construction. 11. Provide a copy of any other required permits. Lot 1 & 2 Site Plan 12. Additional pavement removal should be shown for the storm sewer extension from Granada Avenue. 13. Please ensure that cars can back out of the two corner stalls in the SE corner of Lot 1. 14. For the curb island change on the far west side of Lot 2 – it is recommended that an internal stop condition coming from the south to allow for the thru traffic east/west to maintain ROW rules. This is an odd angle to see vehicles approaching and would benefit from a stop condition and signage and/or striping. Please revise the landscape plan to have a clear line of site at this curb island. 15. Provide additional details for the existing door locations and elevations and mechanical equipment behind existing 9,700 SF building. The proposed 8.0’ concrete sidewalk in the rear of building will need to accommodate door locations and existing stairs. 16. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Lot 3 Site Plan 17. Additional signage should be provided to direct drive-thru traffic to drive-thru lane directly. 18. The sidewalk alignment as shown on the south side of “149th” at Glenda should be relocated to provide a 2’ min. “clear zone” between the edge of walk and back of curb for safety concerns and some available snow storage in a boulevard area. Adjustments to the proposed landscaping plan will be required with this change. 19. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Lot 1 Grading, Drainage and Erosion Control 20. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Lot 2 & 3 Grading, Drainage and Erosion Control 21. Provide overall site composite Curve Number (CN) on the plans for each lot. 22. Provide the existing and proposed pervious and impervious areas and percentages on the plans for each lot. 23. Drainage should be contained within the lot and drainage easement. Drainage should not cross the lot line outside of a drainage easement. This is not the case around the low point of structure STR-29 and on the east side of the building of Lot 2. Modify grading such that drainage does not trespass from one lot onto another. The parking lot grading should also be modified to reflect a “ridge” to prevent drainage from crossing the lot line. 24. Show all emergency over flow (EOF) elevations. The finished floor/low opening elevation must be 1’ minimum above the EOF elevation and 3’ minimum above 100-year high water level. 25. Provide soil borings and geotechnical report for the proposed infiltration basins. 26. Plans shall indicate that the infiltration BMPs will be protected from compaction and sedimentation during construction, and that where feasible, will be constructed last. 27. Provide erosion and sediment control details. 28. Grading shall be modified behind the existing 9,700 SF building. Drainage swale as shown will not be allowed. An additional catch basin could be provided to prevent surface drainage from crossing drive thru lane from Tide. 2% min slope is required in grassed areas. 29. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Lot 2 & 3 Sanitary Sewer 30. Final sanitary sewer design shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer and Water main construction shall be per City of Apple Valley standards. 31. Existing Sanitary Manhole adjacent to SSWR-103 shall NOT be abandoned in place. This structure is necessary for cleaning of existing line to the south. Lot 1 Water main 32. Final Glenda Avenue watermain design and construction plans shall be done by the City of Apple Valley. 33. Applicant should indicate if existing 8” CIP north of existing buildings in lot 1 should be dedicated to City of Apple Valley and be included in a drainage and utility easement. 34. See attached water distribution modeling exhibits for the proposed water main service to the site which includes existing and proposed modeled pressure and flow data. Lot 2 & 3 Water main 35. Drainage and Utility Easement will be required over all public infrastructure. 36. Final Glenda Avenue water main design and construction plans shall be done by the City of Apple Valley. Boring of water main may be considered north of Portillo’s service connections within Glenda Avenue to avoid closure of primary access to center. 37. Domestic water and fire service shall be split outside the existing 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. 38. Confirm that all pipe crossings have been evaluated and will provide the required minimum vertical separation as specified by the Minnesota Department of Health and Department of Labor and Industry. 39. Final watermain design shall be reviewed with the construction plans and approved by City Engineer. Lots 1, 2 & 3 Storm Sewer 40. Specify roof drain connection invert elevation on grading plan notes. 41. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Landscape and Natural Resources 42. No major tree plantings shall be located over any underground utilities or within easements. If plantings are shown over underground utilities or within easements, the owner should have the expectation that plantings will be removed for access when needed. 43. The raingarden lacks planting and materials details. Area of the garden, plant species, mulch, and engineered soil media shall be specified. Installation methods and plant establishment methods shall be specified. Recommend following the standards of the Minnesota Storm water Manual and Dakota County LID Standards http://www.dakotaswcd.org/pdfs/Dakota%20LID%20Standards%20Revised%2002-09- 12.pdf. 44. The original Landscape Plan proposed 28 new trees, and 15 were lindens. It was recommended to diversify the plantings to follow the 30-20-10 rule. (The rule suggests an urban tree population should include no more than 10% of any one species, 20% of any one genus, or 30% of any family.) The proposed revised plan reflects this recommendation and contains 5 new additional tree varieties. The quantities of each proposed follow the 30-20-10 rule. a. A total of 29 trees are being removed for the site improvements; approximately 18 of the 29 are ash trees in poor condition and highly susceptible to Emerald Ash Borer. The new diversified plantings will be a huge improvement to withstand future pests or diseases. Review Summary ONE CARLSON PARKWAY, SUITE 150 | MINNEAPOLIS, MN 55447 | 763.475.0010 | WWW.SRFCONSULTING.COM SRF No. 12357.00 To: Brandon Anderson, PE, City Engineer City of Apple Valley From: Tom Sachi, PE, Senior Engineer Matthew Pacyna, PE, Principal Date: December 21, 2018 Subject: Review of Redevelopment Site – Cedar Avenue at 149th Street Traffic Impact Study Apple Valley, MN Introduction As requested, SRF has completed a review of the Redevelopment Site – Cedar Avenue at 149th Street Traffic Impact Study document, dated November 6, 2018 completed by Kimley-Horn and Associates, Inc. The proposed development is located in the southwest quadrant of the Cedar Avenue/149th 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 and pass-by trip reduction estimate approach using the Institute of Transportation Engineers Trip Generation Manual, 10th Edition is reasonable for the midday and p.m. peak hours, based on the previous study completed. The rounding of the trips allows for a conservative estimate of the trip generation. 2. Trip Distribution and Assignment – The directional distribution is reasonable. However, the routing of development related traffic shown in Exhibit 4 is inadequate. Currently, no vehicles exiting the site are shown proceeding east on 149th Street and turning left to travel north on Glenda Drive to access 147th Street. It would be reasonable to assume that a portion of vehicles destined north on Cedar Avenue or east on 147th Street may use Glenda Drive. Further review of queuing and operations at the 147th Street/Glenda Drive intersection should be completed to determine if there is expected to be any impacts due to this routing. 3. Intersection Capacity Analysis a. The analysis approach and existing condition results are reasonable. b. While not noted specifically in the document, the build out and horizon background analysis assumed a background growth rate of one-half (0.5) 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). Therefore, the no-build analysis provides an accurate assessment. The growth rates should be noted within the Build-Out Background Analysis section. Brandon Anderson, PE, City of Apple Valley December 21, 2018 Redevelopment Site - Cedar Avenue at 149th Street Traffic Impact Study Review Page 2 c. Under the Year 2019 Background Capacity Analysis, the overall delay during the midday peak hour at the Glenda Drive and 149th Street, Granada Avenue and 147th Street, and CSAH 42 and Granada Avenue intersections improves when compared to the existing conditions. These improvements, while minor, are counter intuitive with the volume increase expected as a result of the assumed background growth. d. Under the Year 2030 Horizon Background Capacity Analysis, the overall delay during the midday peak hour at the Glenda Drive and 149th Street, improves when compared to the Year 2019 Background conditions. This improvement, while minor, is counter intuitive with the volume increase expected as a result of the assumed background growth. e. Under the Year 2019 Build Capacity Analysis, the overall delay during the p.m. peak hour at the CSAH 42 and Pennock Avenue intersection improves when compared to both the existing and Year 2019 Background conditions. This improvement is counter intuitive with the volume increase expected as a result of the assumed background growth and development trips. f. It should be noted that the decrease in delay shown at the CSAH 42 and Granada Avenue intersection is expected as additional right-turning vehicles are added to the intersection; these right-turning vehicles are expected to experience minimal delay. g. Under the Year 2030 Horizon Background Capacity Analysis, the overall delay during the p.m. peak hour at the Glenda Drive/149th Street and Glenda Drive/147th Street intersections improves when compared to the Year 2019 Background conditions. These improvements, while minor, is counter intuitive with the volume increase expected as a result of the assumed background growth. h. Further explanation should be provided for why there is a significa nt increase in delay at the Glenda Drive and 147th Street intersection between Year 2030 Horizon Background and Build conditions, as well as justification for other improvements noted within this section. 4. Queuing Analysis a. Existing and background queues are not noted within the 149th Street Queue Summary table. This could provide a comparison to baseline conditions. b. Given the expected blockage of the eastern driveway during the p.m. peak hour, “Do Not Block Intersection” signing should be installed at each driveway entrance. c. The queuing along Glenda Drive at 147th Street should be reviewed given the expected degradation in operations under Year 2030 Horizon Build Conditions and the recommended re-routing of trips to Glenda Drive. 5. Conclusions and Recommendations – A review of the trip assignment routing should be completed to include a portion of exiting vehicles utilizing Glenda Drive north of 149th Street. Additionally, a review of the intersection capacity analysis should be completed to determine why counter-intuitive changes in delay are occurring if signal timing was assumed to remain the same. Lastly, further explanation should be included as to why the intersection operations during the p.m. peak hour at the Glenda Drive and 147th Street intersection degrade significantly under year 2030 Horizon Build conditions. It should be noted that this degradation is not expected under Year 2019 Build Conditions. Brandon Anderson, PE, City of Apple Valley December 21, 2018 Redevelopment Site - Cedar Avenue at 149th Street Traffic Impact Study Review Page 3 6. CSAH 42 and Granada Avenue Westbound Right-Turn Lane – Although not included within the traffic study, the County is exploring the possibility of constructing a westbound right-turn lane from CSAH 42 to Granada Avenue. Given the proximity of the Granada Avenue and Glenda Avenue intersection to the location of the proposed turn lane, this intersection would ideally be closed east of Granada Avenue. Glenda Avenue would then be realigned to the internal drive lane immediately west of O’Reilly Auto Parts connecting to 149th Street. This re-routing would cause additional circulation along Glenda Avenue and Granada Avenue. Additionally, the McDonalds parking lot may become a “cut-through” option for motorists on Granada Avenue looking to access Glenda Avenue. Further discussion regarding McDonald’s access driveways would be necessary prior to construction of the westbound right-turn lane. 7. Other Considerations – The proposed site-plan appears to provide adequate storage for the drive-thru queue. Given that 149th Street is a private roadway, the occasional eastbound queues along 149th Street that extend beyond the eastern site access during the p.m. peak hour are not expected to be an issue. The recommended “Do Not Block Intersection” signs are appropriate and should help mitigate internal queuing. The proposed layout also provides adequate circulation throughout the site, however, it was observed that the drive aisle s within the parking lots north and south of 149th Street are slightly skewed from each other. If possible, it is recommended to align these drive aisles directly across from each other. 8. Public Roadway System Impacts – The daily traffic expected to be generated by the proposed development is expected to be approximately 2,500 daily trips. Of these 2,500 daily trips, it is assumed that 50 percent of them are already traveling along the public roadway system (i.e. pass - by trips). These pass-by trips were assumed to be traveling along CSAH 42 and Cedar Avenue (CSAH 23). Information in Table 1 details how expected daily trips generated by the proposed development are anticipated to be distributed to area roadways. For each roadway segment, the typical planning- level annual average daily traffic (AADT) capacity ranges and future build AADT volume are listed. These volume ranges are based upon guidance from the City of Apple Valley 2040 Comprehensive Plan Update. A range is used since the maximum capacity of any roadway design (v/c = 1) is a theoretical measure that can be affected by its functional classification, traffic peaking characteristics, access spacing, speed, and other roadway characteristics. Typically, roadways with a v/c ratio over 0.85 are indicated as nearing capacity. The following items are noted: Both Cedar Avenue (CSAH 23) north of 147th Street and CSAH 42 west of Cedar Avenue are nearing a v/c of 0.85 but still under capacity. The segment of CSAH 42 east of Cedar Avenue (CSAH 23) has a v/c ratio of 0.92 indicating that this segment of roadway is nearing its capacity. It should be noted that this segment would be nearing capacity regardless of the proposed development. The proposed development is not expected to add more than 300 new trips to any roadway segment within the study area after pass-by reductions are applied. No roadway segments are expected to increase overall daily volume by more than one and a half (1.5) percent. Brandon Anderson, PE, City of Apple Valley December 21, 2018 Redevelopment Site - Cedar Avenue at 149th Street Traffic Impact Study Review Page 4 Table 1: Public Roadway System Impacts Roadway Segment Existing AADT Estimated AADT Increase Proposed Future AADT Percent Change in AADT Daily Roadway Capacity* Volume to Capacity Ratio Cedar Avenue N of 147th Street 48,000 750 (-425 pass-by) 48,325 0.7% 55,000 – 60,000 0.81 Cedar Avenue S of CSAH 42 37,500 500 (-425 pass-by) 37,575 0.2% 55,000 – 60,000 0.63 147th Street E of Cedar Avenue 9,100 125 9,225 1.4% 18,000 – 22,000 0.42 CSAH 42 E of Cedar Avenue 34,500 500 (-200 pass-by) 34,800 0.9% 32,000 – 38,000 0.92 CSAH 42 W of Pennock Avenue 31,000 375 (-200 pass-by) 31,175 0.6% 32,000 – 38,000 0.82 Pennock Avenue N of 147th Street 9,900 125 10,025 1.3% 17,000 – 22,000 0.46 Pennock Avenue S of CSAH 42 8,400 125 8,525 1.5% 18,000 – 22,000 0.39 *Capacity was based on values used from the City of Apple Valley 2040 Comprehensive Plan Update 1 MEMORANDUM Date:January 10, 2019 To:Brandon Anderson, P.E. City Engineer – Apple Valley From:Douglas Arnold, P.E. Kimley-Horn and Associates, Inc. Subject:Redevelopment Site – Cedar Avenue at 149th Street Traffic Impact Study Executive Summary Interstate Partners is proposing to redevelop an existing retail building generally located on the southwest corner of Cedar Avenue and 149th Street in Apple Valley, MN. The existing building is approximately 29,000 square feet of general retail; the redevelopment will maintain approximately 11,000 square feet of the existing building the remaining site will be a proposed 8,300 square foot Portillos restaurant. The proposed restaurant is anticipated to generate 410 driveway trips during the Mid-Day peak hour and 200 driveway trips during the PM peak hour, which is based on information provided by the restaurant operator. Access is proposed to be located along 149th Street within the existing commercial parking lot. A traffic impact analysis was performed to quantify operating conditions of adjacent intersections for Existing Conditions (2018), Background Conditions (2019), Build Conditions (2019), Horizon Background Conditions (2030) and Horizon Build Conditions (2030). The analysis focused on level of service and delay at the intersections of Glenda Drive & 149th Street, Glenda Drive & 147th Street, Granada Avenue & 147th Street, CSAH 42 & Granada Avenue, CSAH 42 & Pennock Lane during the weekday Mid-Day and PM peak periods. The study also reviewed anticipated 95th percentile queues on the eastbound approach at the intersection of Glenda Drive & 149th Avenue. Based on the traffic analysis, no off-site mitigation is recommended to address roadway and intersection impacts with the proposed development traffic. The site has been designed so that the anticipated queueing along 149th Street does not impede driveway operations; however, in the event that queuing does extend beyond the first site drive aisle, a "Do Not Block Intersection” sign is recommended at the eastern most drive aisle along 149th Street. Wayfinding is recommended on- site and along 149th Street to encourage exiting traffic to utilize Pennock Lane and Granada Avenue to access the surrounding roadway network. 2 Introduction Interstate Partners is proposing to redevelop an existing retail building generally located on the southwest corner of Cedar Avenue and 149th Street in Apple Valley, MN. The existing building is approximately 29,000 square feet of general retail; the redevelopment will maintain approximately 11,000 square feet of the existing building the remaining site will be a proposed 8,300 square foot Portillos restaurant. As part of the development process, a traffic impact study has been requested by City staff to quantify any impacts the proposed redevelopment will have on the adjacent intersections. Existing Conditions The proposed redevelopment site has frontage on two public roadways; 149th Street and Glenda Drive, with driveway aisle along 149th Street within the existing commercial parking lot. Following provides more information on the adjacent roadways: ·Cedar Avenue is a north-south divided highway with three lanes in each direction east of the proposed site. At its right-in/right-out intersection with 149th Street, a southbound right-turn lane is provided along Cedar Avenue. The speed limit is 45 miles per hour. ·CSAH 42 is an east-west divided highway with two lanes in each direction south of the proposed site. The posted speed limit is 40 miles per hour. At its right-in/right-out intersection with Granada Avenue, no dedicated turn-lanes are provided. At its signalized intersection with Pennock Avenue, dedicated right- and left-turn lanes are provided for both approaches. ·149th Street is an east-west undivided private access roadway with one lane in each direction. 149th Street primarily serves as an access to commercial developments. No speed limit is posted along 149th Street; therefore, a speed limit of 20 miles per hour was assumed for this analysis. No turn-lanes are provided at its intersection with Glenda Drive, and the eastbound approach is under stop control. Due to its proximity to the right-in/right-out intersection with Cedar Avenue, no stop control is provided for the westbound approach. At its right-in/right- out intersection with Cedar Avenue, one inbound and one outbound lane are provided, and the approach is under minor-leg stop control. ·Glenda Drive is a two lane north-south undivided roadway adjacent to the proposed site on the east side. No speed limit is posted along Glenda Drive so a speed limit of 30 miles per hour was assumed for this analysis. At its intersection with 149th Street, no dedicated lanes are provided, and both approaches are under stop control. At its intersection with 147th Street, Glenda Drive is under minor-leg stop control, and no dedicated turn lanes are provided. ·Granada Avenue is a two lane north-south undivided roadway west of the proposed site. No speed limit is posted along Granada Avenue within the study area; therefore, a speed limit of 30 miles per hour was assumed for this analysis. At its intersection with 147th Street, Granada Avenue is under minor-leg stop control and does not provide any dedicated turn lanes. At its right-in/right-out intersection with CSAH 42, one inbound and one outbound lane are provided for the southbound approach, and it is under minor-leg stop control. 3 ·147th Street is an east-west undivided roadway north of the proposed site with two lanes in each direction. At its intersections with Glenda Drive and Granada Avenue, no dedicated turn lanes are provided. The posted speed limit for 147th Street is 30 miles per hour. ·Pennock Avenue is a north-south undivided roadway with two lanes in each direction to the west of the proposed site. The posted speed limit along Pennock Avenue is 30 miles per hour. At its signalized intersection with CSAH 42, Pennock Avenue provides dedicated left-turn lanes for both approaches. Study Area The intersections of Glenda Drive & 149th Street, Glenda Drive & 147th Street, Granada Avenue & 147th Street, CSAH 42 & Granada Avenue, and CSAH 42 & Pennock Avenue were defined as study intersections. Existing lane geometry and intersection control at these study intersections is provided in Exhibit 1 in Appendix 1. Existing Traffic Counts Weekday peak period turning movement counts (Mid-Day and PM) were collected at the study intersections on Tuesday, October 16, 2018.Exhibit 2 in Appendix 1 provides a summary of the weekday Mid-Day and PM peak hour turning movement counts. Traffic volumes were rounded to the nearest multiple of five vehicles. To determine future traffic conditions, existing traffic counts were grown by 0.5 percent per year. Proposed Development The proposed site will be an 8,300-square foot restaurant with a drive-thru and a 11,000-square foot retail space. The concept plan calls for the existing commercial building to be partially demolished and replaced with parking. Proposed access to the site will provided by the existing parking lot drive aisles along 149th Street. The site is anticipated to be open for business in 2019. Site Trip Generation The proposed restaurant is a unique restaurant, so the trip generation was based on trip data from existing restaurant locations. A traffic study completed by KLOA in 2014, reviewed four existing restaurant locations and based on the traffic at those locations summarized a trip generation for a new restaurant. It is anticipated that the proposed restaurant will have approximately 80% of the traffic when compared to the trip generation provided in the traffic study due to the smaller restaurant size and a market assessment of the proposed restaurant. Trip generation for the proposed restaurant was adjusted to be 80% of the locations previously studied. The KLOA report can be found in Appendix 2. Table 1 shows the trip generation for the proposed restaurant. A pass-by reduction was included in the trip generation. Pass-by traffic was assumed to be 50% for the restaurant. In the Mid-Day peak hour, the site is anticipated to generate 410 trips (205 in and 205 out) and in the PM peak hour, the site is anticipated to generate 200 trips (100 in and 100 out). Since the 11,000 square foot retail building exists today, additional trips were not accounted for since they are included in the existing peak hour traffic counts. A reduction in trips for the portion of the building the is being demolished was not accounted in order to provide a conservative analysis. 4 Table 1. Trip Generation Land Use Description ITE Intensity / Units Mid-Day Peak Hour PM Peak Hour In Out Total In Out Total Restaurant with Drive-Through --8,300 Square Feet 205 205 410 100 100 200 TOTAL EXTERNAL TRIPS 205 205 410 100 100 200 Restaurant Peak Hour Pass-by (50%)105 105 210 50 50 100 TOTAL NET NEW TRIPS 100 100 200 50 50 100 Trip Distribution and Assignment The directional distribution was based on the current traffic patterns in the area, the location of the proposed site access, and the anticipated routes that will provide site users with the fastest and most convenient path to and from the site. The estimated trip distribution for the site-generated traffic is illustrated in Exhibit 3 in Appendix 1. Pass-by traffic is assumed to be 70% from Cedar Avenue and 30% from CSAH 42. The global site trip distribution used in the traffic analysis is provided below: ·Cedar Avenue – 30% to/from the north, 20% to/from the south ·CSAH 42 – 15% to/from the west, 20% to/from the east ·147th Street – 5% to/from the east ·Pennock Avenue – 5% to/from the north, 5% to/from the south In accordance with the estimated site trip generation and distribution, weekday Mid-Day and PM peak hour site traffic volumes were assigned to each of the study intersections. The resulting trip assignment including pass-by is presented in Exhibit 4 in Appendix 1. Intersection Capacity Analysis A capacity analysis was performed at the study intersections to quantify existing operating conditions, as well as future conditions without and with traffic from the proposed redevelopment. Since the proposed redevelopment will not be open during the AM peak hour, the focus of the future conditions analysis was on the weekday Mid-Day and PM peak hours. Level of service (LOS) analysis was conducted for the Mid-Day and PM peak hours at the study intersections for existing conditions, background conditions, build conditions, horizon background conditions, and horizon build conditions. LOS is a quantitative measure used by traffic engineers to describe the operations of an intersection. It ranges from A to F, with A being the best and F being the worst level of operation. LOS A conditions are characterized by minimal vehicle delay and free-flow conditions, while LOS F is characterized by long vehicle delay – usually when demand exceeds available roadway capacity. Although LOS E is defined as at-capacity, LOS D is generally the minimum acceptable level of operation at an intersection. Each study intersection was analyzed based on the Highway Capacity Manual using Synchro/SimTraffic software. 5 Existing (2018) Analysis A capacity analysis was performed to quantify existing operating conditions during the Mid-Day and PM peak hours at the study intersections. The analysis was based on the existing lane geometry and signal timings that are currently in the field. Synchro/SimTraffic was used to perform the capacity analysis. Table 2 and Table 3 provide a summary of the Existing (2018) capacity analysis for the Mid-Day and PM peak hours, respectively. Based on the analysis, all intersections are currently operating at an acceptable LOS during the study time periods except for the intersection of CSAH 42 & Pennock Lane, which is operating at LOS E during the weekday PM peak hour. The signal timings at CSAH 42 & Pennock Lane have a particularly long cycle length for the PM peak hour. As a result, high levels of delay are experienced for most approaches even when movements are not at their capacity. The SimTraffic reports are attached in Appendix 3. Table 2. Existing (2018) Capacity Analysis Summary (Mid-Day Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Glenda Drive & 149th Street EB 6.1 A 7.0 A 3.2 A 3.9 AWB0.1 A 0.1 A 0.1 A NB 5.1 A 7.2 A 3.1 A SB 5.7 A 4.6 A 2.5 A Glenda Drive & 147th Street EB 3.4 A 0.9 A 0.4 A 2.6 AWB4.7 A 2.0 A 1.6 A NB 12.9 A 12.4 A 4.2 A SB 12.9 A 12.7 B 5.1 A Granada Avenue & 147th Street EB 2.5 A 0.3 A 0.2 A 2.4 AWB3.4 A 0.8 A 0.8 A NB 10.3 A 10.1 B 4.7 A SB 8.3 A 9.7 A 3.5 A CSAH 42 & Granada Avenue EB 3.6 AWB2.6 A 2.5 A NB SB 6.4 A CSAH 42 & Pennock Lane EB 62.2 E 33.4 C 5.7 A 31.1 CWB40.6 D 13.6 B 3.8 A NB 43.9 D 52.8 D 23.2 C SB 48.2 D 55.4 D 28.3 C (1)Darkened boxes = movement not available 6 Table 3. Existing (2018) Capacity Analysis Summary (PM Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Glenda Drive & 149th Street EB 8.3 B 14.8 C 5.5 A 6.8 AWB0.8 A 0.2 A 4.9 A NB 10.2 A 10.6 A 9.9 B SB 9.9 B 3.8 A 3.5 A Glenda Drive & 147th Street EB 7.0 A 5.7 A 2.1 A 4.9 AWB7.2 A 2.6 A 2.0 A NB 5.9 A 18.6 C 7.6 A SB 12.5 B 14.5 B 5.7 A Granada Avenue & 147th Street EB 4.1 A 0.6 A 0.2 A 3.4 AWB4.0 A 1.7 A 1.2 A NB 10.1 B 13.3 B 6.5 A SB 11.8 B 12.5 B 3.9 A CSAH 42 & Granada Avenue EB 8.5 AWB4.2 A 4.3 A NB SB 8.7 A CSAH 42 & Pennock Lane EB > 100.0 F > 100.0 F 71.4 E 71.3 EWB45.1 D 14.2 B 4.1 A NB 58.5 E 71.5 E 48.0 D SB 63.0 E 72.4 E 49.9 D (1)Darkened boxes = movement not available Background (2019) Analysis The Background (2019) capacity analysis analysis was based on an expected Opening Year of 2019. Background capacity analysis was performed at the study intersections to provide a basis of the baseline operating conditions in the opening year. Existing volumes were grown at a 0.5% annual growth rate, and the volumes used for the analysis are provided in Exhibit 5 in Appendix 1. Existing signal timings were used for this analysis. Table 4 and Table 5 provide a summary of the capacity analysis for the Mid-Day and PM peak hours, respectively. Based on the analysis, the study intersections are anticipated to operate at an acceptable LOS during the study time periods, except for the intersection of CSAH 42 & Pennock Lane, which is anticipated to operate at LOS E during the PM peak hour, similar to existing conditions due to the existing signal timings. SimTraffic reports are provided in Appendix 3. 7 Table 4. Background (2019) Capacity Analysis Summary (Mid-Day Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Glenda Drive & 149th Street EB 5.8 A 7.3 A 4.5 A 3.9 AWB0.1 A 0.1 A 0.1 A NB 5.3 A 7.3 A 3.3 A SB 6.3 A 4.5 A 2.7 A Glenda Drive & 147th Street EB 3.8 A 0.9 A 0.4 A 2.2 AWB4.6 A 1.9 A 1.3 A NB 12.9 B 9.9 B 3.6 A SB 9.6 A 12.3 B 4.8 A Granada Avenue & 147th Street EB 2.7 A 0.4 A 0.1 A 2.4 AWB3.3 A 1.0 A 0.9 A NB 9.0 A 10.6 B 4.6 A SB 7.9 A 9.6 A 3.7 A CSAH 42 & Granada Avenue EB 3.8 AWB2.8 A 2.5 A NB SB 6.7 A CSAH 42 & Pennock Lane EB 61.1 E 32.8 C 5.7 A 30.6 CWB36.6 D 131 B 4.0 A NB 44.1 D 53.5 D 26.3 C SB 47.7 D 53.7 D 21.1 C (1)Darkened boxes = movement not available 8 Table 5. Background (2019) Capacity Analysis Summary (PM Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Glenda Drive & 149th Street EB 12.9 B 18.7 C 13.2 A 8.1 AWB0.1 A 0.2 A 0.1 A NB 14.2 A 8.2 B 11.2 C SB 11.6 B 3.8 A 3.0 A Glenda Drive & 147th Street EB 9.5 A 7.7 A 2.9 A 6.1 AWB7.5 A 2.7 A 1.8 A NB 8.2 A 16.3 C 9.0 A SB 21.1 C 14.1 B 7.6 A Granada Avenue & 147th Street EB 4.0 A 0.5 A 0.2 A 3.5 AWB4.5 A 1.7 A 1.1 A NB 10.5 B 14.5 B 6.8 A SB 11.3 B 14.8 B 7.6 A CSAH 42 & Granada Avenue EB 8.3 AWB4.4 A 4.0 A NB SB 10.4 B CSAH 42 & Pennock Lane EB > 100.0 F > 100.0 F 81.2 F 74.9 EWB53.3 D 15.3 B 4.2 A NB 57.3 E 73.2 E 56.1 E SB 68.2 E 75.9 E 60.4 E (1)Darkened boxes = movement not available Build (2019) Analysis Build (2019) capacity analysis was performed at the study intersections to determine the operations once project traffic is added to the surrounding roadway network for the opening year. Volumes used for the analysis are provided in Exhibit 6 in Appendix 1. Existing signal timings were used for this analysis. Table 6 and Table 7 provide a summary of the capacity analysis for the Mid-Day and PM peak hours, respectively. Based on the analysis, the study intersections and individual movements are anticipated to operate at an acceptable LOS during the Mid-Day peak hour. During the PM peak hour, the intersection of CSAH 42 & Pennock Lane is anticipated to operate at LOS E. SimTraffic reports are provided in Appendix 3. 9 Table 6. Build (2019) Capacity Analysis Summary (Mid-Day Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Glenda Drive & 149th Street EB 7.4 A 8.6 A 3.9 A 5.0 AWB0.1 A 0.1 A 0.1 A NB 6.6 A 7.9 A 4.8 A SB 6.0 A 4.9 A 3.3 A Glenda Drive & 147th Street EB 4.1 A 1.1 A 0.4 A 2.6 AWB4.9 A 1.9 A 1.5 A NB 9.1 C 13.9 B 5.6 A SB 12.7 B 14.5 B 4.4 A Granada Avenue & 147th Street EB 2.6 A 0.4 A 0.1 A 2.7 AWB3.5 A 0.9 A 0.9 A NB 9.0 A 10.0 A 5.2 A SB 8.2 A 8.8 A 3.7 A CSAH 42 & Granada Avenue EB 3.9 AWB2.9 A 3.4 A NB SB 7.0 A CSAH 42 & Pennock Lane EB 60.7 E 32.8 C 5.6 A 30.6 CWB38.9 D 13.7 B 4.2 A NB 43.2 D 55.2 D 24.9 C SB 44.4 D 55.0 D 23.1 C (1)Darkened boxes = movement not available 10 Table 7. Build Total (2019) Capacity Analysis Summary (PM Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Glenda Drive & 149th Street EB 17.3 C 22.8 C 20.5 C 11.5 BWB0.4 A 0.4 A 0.1 A NB 8.4 A 11.8 B 20.1 C SB 8.0 C 4.4 A 3.1 A Glenda Drive & 147th Street EB 10.3 B 7.7 A 5.8 A 6.2 AWB8.1 A 2.9 A 1.8 A NB 7.6 A 14.4 B 8.2 A SB 19.5 C 16.1 C 6.1 A Granada Avenue & 147th Street EB 3.9 A 0.6 A 0.3 A 3.6 AWB4.5 A 1.6 A 1.2 A NB 11.7 B 15.0 B 7.1 A SB 11.2 B 11.7 B 4.6 A CSAH 42 & Granada Avenue EB 8.9 AWB4.5 A 4.7 A NB SB 8.9 A CSAH 42 & Pennock Lane EB > 100.0 F > 100.0 F 92.2 F 78.9 EWB45.4 D 15.1 B 3.9 A NB 53.6 E 72.6 E 51.2 D SB 63.3 E 69.7 E 47.6 D (1)Darkened boxes = movement not available Horizon Background (2030) Analysis Horizon Background (2030) capacity analysis was performed at the study intersections to provide a basis of operations in the 2030 horizon year. Volumes used for the analysis are provided in Exhibit 7 in Appendix 1. Existing signal timings were used for this analysis. Table 8 and Table 9 provide a summary of the capacity analysis for the Mid-Day and PM peak hours, respectively. Based on the analysis, the study intersections and individual movements are anticipated to operate at an acceptable LOS during the Mid-Day peak hour. During the PM peak hour, and the intersection of CSAH 42 & Pennock Lane is anticipated to operate at LOS F. All other movements and overall intersections are anticipated to operate acceptably. SimTraffic reports are provided in Appendix 3. 11 Table 8. Horizon Background (2030) Capacity Analysis Summary (Mid-Day Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Glenda Drive & 149th Street EB 5.9 A 8.0 A 4.7 A 4.3 AWB0.1 A 0.1 A 0.1 A NB 6.4 A 6.9 A 3.8 A SB 5.9 A 4.5 A 2.7 A Glenda Drive & 147th Street EB 4.8 A 1.0 A 0.4 A 2.7 AWB5.1 A 2.1 A 1.6 A NB 9.6 A 15.0 B 4.5 A SB 11.2 B 13.5 B 5.4 A Granada Avenue & 147th Street EB 2.8 A 0.4 A 0.1 A 2.4 AWB3.5 A 1.0 A 0.8 A NB 8.9 B 10.0 A 4.7 A SB 8.9 A 8.7 A 4.3 A CSAH 42 & Granada Avenue EB 3.9 AWB2.9 A 2.8 A NB SB 7.3 A CSAH 42 & Pennock Lane EB 62.3 E 33.6 C 6.2 A 31.6 CWB36.9 D 13.8 B 4.5 A NB 46.3 D 55.8 E 32.2 C SB 51.2 D 54.7 D 25.5 C (1)Darkened boxes = movement not available 12 Table 9. Horizon Background (2030) Capacity Analysis Summary (PM Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Glenda Drive & 149th Street EB 12.9 B 20.8 C 11.8 B 9.1 AWB0.4 A 0.3 A 4.7 A NB 4.7 A 9.5 A 11.8 B SB 11.9 B 3.3 A 2.6 A Glenda Drive & 147th Street EB 7.2 A 9.6 A 8.4 A 7.2 AWB8.6 A 3.0 A 1.9 A NB 22.8 C 12.3 B 11.0 B SB 18.2 C 24.5 C 5.8 A Granada Avenue & 147th Street EB 3.5 A 0.5 A 0.3 A 3.4 AWB4.2 A 1.7 A 1.2 A NB 11.5 B 14.3 B 6.9 A SB 11.2 B 12.0 B 4.3 A CSAH 42 & Granada Avenue EB 8.8 AWB1.2 A 2.2 A NB SB 10.8 B CSAH 42 & Pennock Lane EB >100 F >100 F >100 F 84.6 FWB51.4 D 15.4 B 4.0 A NB 52.6 D 70.0 E 54.4 D SB 68.9 E 75.5 E 53.9 D (1)Darkened boxes = movement not available Horizon Build (2030) Analysis Horizon Build capacity analysis was performed at the study intersections to determine the operations in the 2030 horizon year with the incorporation of project traffic on the surrounding roadway network. Volumes used for the analysis are provided in Exhibit 8 in Appendix 1. Existing signal timings were used for this analysis. Table 10 and Table 11 provide a summary of the capacity analysis for the PM and Mid-Day peak hours, respectively. During the Mid-Day peak hour, the intersections and individual movements are anticipated to continue to operate acceptably. In the PM peak hour, the intersection of CSAH 42 & Pennock Lane is anticipated operate at LOS F. All other overall intersections and movements are anticipated to operate acceptably. SimTraffic reports are provided in Appendix 3. 13 Table 10. Horizon Build (2030) Capacity Analysis Summary (Mid-Day Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Glenda Drive & 149th Street EB 7.0 A 8.4 A 4.5 A 4.7 AWB0.1 A 0.1 A 0.1 A NB 6.0 A 8.0 A 4.2 A SB 10.0 A 5.3 A 3.3 A Glenda Drive & 147th Street EB 4.8 A 1.3 A 0.9 A 2.8 AWB5.2 A 2.0 A 1.3 A NB 10.7 C 14.1 B 5.6 A SB 14.4 B 16.7 C 5.7 A Granada Avenue & 147th Street EB 2.8 A 0.4 A 0.2 A 3.0 AWB3.9 A 0.9 A 0.7 A NB 9.8 A 13.2 B 5.7 A SB 9.4 A 9.6 A 4.0 A CSAH 42 & Granada Avenue EB 4.2 AWB3.1 3.4 A NB SB 7.5 A CSAH 42 & Pennock Lane EB 60.0 E 33.9 C 5.9 A 32.3 CWB35.6 D 16.8 B 4.5 A NB 45.2 D 56.0 E 30.0 C SB 47.8 D 55.9 E 29.1 C (1)Darkened boxes = movement not available 14 Table 11. Horizon Build (2030) Capacity Analysis Summary (PM Peak Hour) Intersection Approach / Movement Left Through Right Overall Intersection Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Delay (sec/veh)LOS Glenda Drive & 149th Street EB 18.1 C 26.2 D 29.5 D 14.2 BWB0.1 A 0.1 A 0.1 A NB 5.1 A 12.7 B 22.7 C SB 12.2 B 3.2 A 2.6 A Glenda Drive & 147th Street EB 17.8 C 11.2 B 11.8 B 8.1 AWB7.2 A 3.4 A 2.0 A NB 60.1 F 24.7 C 12.2 B SB 11.8 B 16.1 C 4.5 A Granada Avenue & 147th Street EB 2.9 A 0.5 A 0.3 A 3.9 AWB5.3 A 1.9 A 1.2 A NB 10.8 B 12.6 B 7.3 A SB 13.2 B 9.5 A 8.6 A CSAH 42 & Granada Avenue EB 9.5 AWB4.4 A 5.1 A NB SB 11.5 B CSAH 42 & Pennock Lane EB > 100.0 F > 100.0 F > 100.0 F 89.1 FWB53.5 D 15.3 B 4.8 A NB 55.3 E 71.1 E 58.0 E SB 60.3 E 71.1 E 46.4 D (1)Darkened boxes = movement not available Capacity Analysis Summary Based on the Background and Build analyses, the introduction of site traffic onto the network with the background volumes is not projected to significantly degrade study intersection operations. The intersection of CSAH 42 & Pennock Lane is anticipated to operate at LOS F during the PM peak hour and is consistent between the background and build scenarios. In the Horizon analysis, all intersections are anticipated to operate at an acceptable LOS with the exception of CSAH 42 & Pennock Lane, consistent with Build conditions. Queue Analysis The traffic impact analysis also reviewed the anticipated queueing of vehicles for the eastbound approach at the intersection of 149th Street & Glenda Avenue during the Mid-Day and PM peak hours. The purpose of the analysis was to ensure that the anticipated 95th percentile queues would not significantly impact access into or out of the development parking lot. The proposed throat depth along 149th Street is approximately 125 feet with an additional 70 feet between the eastern most drive aisle and the next drive aisle into the development. 15 Table 15 provides a summary of the queue analysis for the five (5) scenarios analyzed for both the Mid-Day and PM peak hours. Based on the SimTraffic analysis, the 95th percentile is anticipated to extend beyond the drive aisles along 149th Street during the PM peak hour. It is recommended that a “Do Not Block Intersection” sign be posted along 149th Street to improve site circulation in the case that the spillback may occur. Table 15. 149th Street Queue Summary Analysis Year Mid-Day Peak Hour PM Peak Hour Average 95th Average 95th Existing (2018)40 65 50 85 Background (2019)40 60 55 110 Build (2019)55 100 80 155 Horizon Background (2030)40 65 60 135 Horizon Build (2030)55 100 90 170 Conclusions and Recommendations Interstate Partners is proposing to redevelop an existing retail building generally located on the southwest corner of Cedar Avenue and 149th Street in Apple Valley, MN. The existing building is approximately 29,000 square feet of general retail; the redevelopment will maintain approximately 11,000 square feet of the existing building the remaining site will be a proposed 8,300 square foot Portillos restaurant. The proposed restaurant is anticipated to generate 410 driveway trips during the Mid-Day peak hour and 200 driveway trips during the PM peak hour, which is based on information provided by the restaurant operator. Access is proposed to be located along 149th Street within the existing commercial parking lot. A traffic impact analysis was performed to quantify operating conditions of adjacent intersections for existing conditions, opening year background and build conditions, and horizon year background and build conditions. The analysis focused on level of service and delay at the intersections of Glenda Drive & 149th Street, Glenda Drive & 147th Street, Granada Avenue & 147th Street, CSAH 42 & Granada Avenue, CSAH 42 & Pennock Lane during the weekday Mid-Day and PM peak periods. The study also reviewed anticipated 95th percentile queues on the eastbound approach at the intersection of Glenda Drive & 149th Avenue. Based on the traffic analysis, no off-site mitigation is recommended to address roadway and intersection impacts with the proposed development traffic. The study area consists of built out infrastructure, so additional turn lanes and other geometric improvements would prove difficult, and the future capacity issues stem from existing capacity issues. Improvements are not essential to mitigate the impacts of site generated traffic. The site has been designed so that the anticipated queueing along 149th Street does not impede driveway operations; however, in the event that queuing does extend beyond the first site drive aisle, "Do Not Block Intersection” signs are recommended at the eastern most drive aisles along 149th Street. job#: 17-6842 10-29-18 Ground Sign Building Signs Menu Board Directionals BEEF BURGERS SALADS 149th Street & Cedar Avenue Apple Valley, MN 55124 NORTH Ariel Site Plan - BEEF BURGERS SALADS job#: 17-6842 02-06-17 10-29-18R WHITEHEAD PAMELA F page 1 of 12 Comments:149th Street & Cedar Avenue Apple Valley, MN 55124 APPLE VALLEY, MNAPPLE VALLEY, MNAPPLE VALLEY, MN8,300 s.f.8,300 s.f.8,300 s.f. BEEF BURGERS SALADS job#: 17-6842 02-06-17 10-29-18R WHITEHEAD PAMELA F page 2 of 12 Comments: SITE PLAN Updated 10.10.18APPLE VALLEY, MNAPPLE VALLEY, MNAPPLE VALLEY, MN8,300 s.f.8,300 s.f.8,300 s.f.Proposed Site Plan - dated 10/03/18 Scale: N.T.S. Approximate Site Area: 76,862 S.F.=1.76 Ac Building Footprint: 8,300 S.F. Style: Diner, Side Entry Parking Required: 82 Cars H.C. Spaces Provided: 4 Cars Cross parking Available: 56 Cars Total Parking Available: 138 Cars S-75S-75S-75 DT SPDT SPDT SP Speaker PedestalSpeaker PedestalSpeaker Pedestal DTX 37DTX 37DTX 37 Menu BoardMenu BoardMenu Board 149th Street & Cedar Avenue Apple Valley, MN 55124 SL-73SL-73SL-73 D-4D-4D-4 NORTHNORTHNORTH D-1D-1D-1 M-28M-28 MonumentMonument SignSign M-28 Monument Sign S-75S-75S-75 SL-73SL-73SL-73 E1WE2WE3WE4WE11EE10EE9EE7EE8EE5WE6E PROJECT SCALE DATE DRAWN BY SHEET SHEET TITLEMERCURY STUDIOS, INC.2548 W. CORTEZ ST. CHICAGO, IL 60622Ph 773-395-8216 Fax 773-395-8218 merstudio@aol.comCOPYRIGHT © 2018 MERCURY STUDIOS, INC. RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.N.T.S. SITE ARIAL PLAN 10-9-18PORTILLO'S HOT DOGSAPPLE VALLEY, MNREV. 10-15-18 Street Views of Site - BEEF BURGERS SALADS job#: 17-6842 02-06-17 10-29-18R WHITEHEAD PAMELA F page 3 of 12 Comments:149th Street & Cedar Avenue Apple Valley, MN 55124 North Building Elevation -North Building Elevation -North Building Elevation - Scale 3/32" = 1'-0" West Building Elevation - Scale 3/32" = 1'-0" 126'-8¼" Red LED Band Building Elevation: 64'-0" Linear Feet Total Sign Square Footage Shown: 74.66 square feet 64'-0" Red LED BandRed LED BandRed LED Band Red LED BandRed LED BandRed LED Band Window #1Window #1Window #1 91¼"w x 55½"h91¼"w x 55½"h91¼"w x 55½"h Window Border VinylWindow Border Vinyl 3M # 3630-53 Cardinal Red3M # 3630-53 Cardinal Red Window Border Vinyl 3M # 3630-53 Cardinal Red Window Border VinylWindow Border Vinyl 3M # 3630-53 Cardinal Red3M # 3630-53 Cardinal Red Window Border Vinyl 3M # 3630-53 Cardinal Red Window #2Window #2Window #2 80"w x 55½"h80"w x 55½"h80"w x 55½"h Red LED BandRed LED BandRed LED Band Red LED BandRed LED BandRed LED Band Window #3Window #3Window #3 80"w x 55½"h80"w x 55½"h80"w x 55½"h Window #4Window #4Window #4 91¼"w x 55½"h91¼"w x 55½"h91¼"w x 55½"h ELEVATIONS Alucobond FCO Stars - Scale 3/16" = 1'-0" 8'-0¼" 5'-3⅛" 3'-6⅜"1'-10¼"7'-5¾"4'-8⅜"2'-7"3'-2"8'-7" 5'-3⅛" 3'-6⅜"1'-10¼"7'-5¾"4'-8⅜"2'-7"3'-2"Window #5Window #5Window #5 91¼"w x 55½"h91¼"w x 55½"h91¼"w x 55½"h Window #6Window #6Window #6 91¼"w x 55½"h91¼"w x 55½"h91¼"w x 55½"h Window #7Window #7Window #7 91¼"w x 55½"h91¼"w x 55½"h91¼"w x 55½"h Building Elevatio126'-8¼" Linear Feet Total Sign Square Footage Shown: 73.3 square feet job#: 17-6842 02-06-17 10-29-18R WHITEHEAD PAMELA F page 4 of 12 Comments: BEEF BURGERS SALADS 74.66 SF HOT DOGS BEEF BURGERS SALADS 73.3 SF 149th Street & Cedar Avenue Apple Valley, MN 55124 Red LED Band Red LED Band Red LED BandRed LED BandRed LED Band Red LED Band 73.3 SF East Building Elevation -East Building Elevation -East Building Elevation - Scale 3/32" = 1'-0" Building Lettersets:Building Lettersets:Building Lettersets: West Elevation -West Elevation - South Elevation -South Elevation - East Elevation -East Elevation - North Elevation -North Elevation - TotalTotal West Elevation - South Elevation - East Elevation - North Elevation - Total 73.373.3 74.6674.66 73.373.3 74.6674.66 295.92295.92 73.3 74.66 73.3 74.66 295.92 South Building Elevation -South Building Elevation -South Building Elevation - Scale 3/32" = 1'-0" Building Elevation: 67.08 Linear Feet Total Sign Square Footage Shown: 74.66 square feet ELEVATIONS HOT DOGS BEEF BURGERS SALADS job#: 17-6842 02-06-17 10-29-18R WHITEHEAD PAMELA F page 5 of 12 Comments: BEEF BURGERS SALADS 149th Street & Cedar Avenue Apple Valley, MN 55124 74.66 SF 126'-8¼" Building Elevatio126'-8¼" Linear Feet Total Sign Square Footage Shown: 73.3 square feet 67'-1½" ENTRANCE DISPLAY FABRICATED ALUMINUM MONOLITH & SIM. ANTENNA, MAP SILVER PAINTED FINISH. 2 ROWS OF RED EXPOSED LED OUTLINING OUTER EDGE 3" DEEP ALUMINUM CABINET WITH 1½" RETAINER, PAINTED SILVER. WHITE POLYCARB SIGN FACE WITH BLACK &ACK UP & #53 CARDINAL RED CUT VINYL 98" 72"26"19'-2⅛"8'-3½"18¼"4'-6⅜"NOTE: All dimensions require field verification prior to fabrication. Drawing is for concept purposes only. ENTRANCE DISPLAY with D.F. Skeleton Neon - Scale 1/4" = 1'-0" Qty: (1) Required Side View - Scale 1/4" = 1'-0" 2 ROWS OF RED FLEX LED 2 ROWS OF RED FLEX LED 23'-8½"2'-5⅜"8'-5¼"19'-2⅛"4'-7⅝"6'-3"8'-3½"FABRICATED ALUMINUM MONOLITH & SIM. ANTENNA, MAP SILVER PAINTED FINISH. 2 ROWS OF RED EXPOSED LED OUTLINING OUTER EDGE job#: 17-6842 02-06-17 10-29-18R WHITEHEAD PAMELA F page 6 of 12 Comments: BEEF BURGERS SALADS 149th Street & Cedar Avenue Apple Valley, MN 55124 ELECTRIC CAKE GAS BREAD REMOTEREMOTE EEEE REMOTE KEG COOLERDRIVE-THRU GEAR BAGNBOXBAGNBOXKEG RACKREMOTEREMOTE EEEE REMOTEREMOTE REMOTE E EEE E FREEZER COOLER FREEZER FREEZERUTILITY 103 3 4 E 1 D A 1 2 5 6 7 7 A C D .5 .5 UTILITY 103 MAIN KITCHEN ICE PRIVATE DINING AREADINING AREA 119 107101 MAIN DINING ROOM 117 OUTSIDE STOR. CATERING BAR 120 REAR KITCHEN CORRIDOR STORAGE FOOD PREP 111111 107 112112 WOMENS RESTROOM MENS RESTROOM 106 105 DISH 118 COOLER FREEZER RESTROOM HALLWAY 104 OFFICE 110110 WTR HTR SPRINKLER ELECTRICAL 109 8,276 SQ FT TOTAL BUILDING 4,032 SQ FT KITCHEN (48.7% 0F BUILDING) 4,244 SQ FT DINING & RESTROOMS (51.3% OF BUILDING) PORTILLO'S - APPLE VALLEY, MN 0 5 10 15 20 25 FT 193 INTERIOR SEATS 44 SEATS TR. TR. TR. TR. TR.TR. 79 SEATS CON.TR. 70 SEATS 48 EXTERIOR SEATS TR. TR. TR. Por_Apple Valley_Seating1.2 TR. PROJECT SCALE DATE DRAWN BY SHEET SHEET TITLEMERCURY STUDIOS, INC.2548 W. CORTEZ ST. CHICAGO, IL 60622Ph 773-395-8216 Fax 773-395-8218 merstudio@aol.comCOPYRIGHT © 2018 MERCURY STUDIOS, INC. RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.3/16" = 1'-0" CONCEPT PLAN A-1.0APORTILLO'S HOT DOGSAPPLE VALLEY, MN10-9-18 REV. 10-15-18 TOP/ ARCHITECTURAL FEATURE TOP/COPING EL. +22'-0" EL. +28'-3" TOP/ROOF EL. +11'-2" A C D E TOP/ ARCHITECTURAL FEATURE EL. +34'-6" T/FIN. DRIVEWAY EL. -0'-1" BOT/FOOTING EL. -4'-0" TOP/COPING EL. +22'-0" TOP/COPING EL. +24'-6" TOP/ROOF EL. +16'-8"TOP/ROOF EL. +15'-10" 0 5 10 15 20 25 FT NORTH - PATIO ELEVATION Scale: 3/16" = 1'-0" 1 A-4.0 BEYOND PREFINISHED DECORATIVE PARAPET EXTENSION CAP TO MATCH UNI-CLAD MATTE BLACK SR CLEAR ALUMINUM STOREFRONT WINDOWS & DOORS GOOSENECK LIGHT FIXTURES, SEE ELECTRICAL DRAWINGS BRICK BASE BR-3 CLEAR ALUMINUM WRAPPED PLYWOOD SOFFIT CLEAR ALUMINUM WRAPPED PLYWOOD PIERS STAINLESS STEEL DOOR & FRAME RED LED BAND PRE-FINISHED METAL ROOF CAP. COLOR TO MATCH UNICLAD MATTE BLACK SR CLEAR ALUMINUM WRAPPED PLYWOOD SOFFIT CLEAR ALUMINUM WRAPPED PLYWOOD SOFFIT RED LED BAND PRE-FINISHED METAL ROOF CAP. COLOR TO MATCH UNICLAD MATTE BLACK SR CLEAR ALUMINUM WRAPPED FIN DETAIL PREFINISHED DECORATIVE PARAPET EXTENSION TO MATCH UNI-CLAD CHARCOAL GREY SR SIGNAGE SUPPLIED AND INSTALLED BY SIGN CONTRACTOR STEEL COLUMN PT-3 PAINTED PRECAST PANELS WITH CAST IN REVEALS, ALTERNATING PT-21 & PT-22 WROUGHT IRON PATIO FENCE ENCLOSURE PT-3 STEEL PATIO ROOF FRAME WITH CORRUGATED ALUMINUM ROOFING BR-1 SIOUX CITY BRICK - CINNAMON IRONSPOT SMOOTH BR-2 SIOUX CITY BRICK - BROWN SMOOTH BR-3 SIOUX CITY BRICK - EBONITE SMOOTH * ALL BRICKS ARE 12" UTILITY (3 5/8 x 3 5/8 x 11 5/8) PT-3 SHERWIN WILLIAMS #SW6991, BLACK MAGIC PT-21 SHERWIN WILLIAMS #7042, SHOJI WHITE PT-22 SHERWIN WILLIAMS #6128, BLONDE PT-23 SHERWIN WILLIAMS #6116, TATAMI TAN PT-24 SHERWIN WILLIAMS #6328, FIREWEED PT-25 SHERWIN WILLIAMS #7041, VAN DYKE BROWN * BUILDING SIGNAGE IS TO BE SUBMITTED AND APPROVED UNDER SEPARATE SIGN PERMIT DRAWINGS. * GHOST SIGNAGE IS TO BE SUBMITTED AND REVIEWED AS PART OF THE ARCHITECTURAL REVIEW APPROVAL PROCESS. T/FIN. FLOOR. EL. ±0'-0" BOT/FOOTING EL. -4'-0" TOP/COPING EL. +24'-0" TOP/COPING EL. +22'-0" 1 2 3 4 5 6 7 TOP/ ARCHITECTURAL FEATURE EL. +28'-3" TOP/ ARCH FEATURE EL. +34'-6" TOP/ROOF EL. +15'-1" TOP/ROOF EL. +15'-1" WEST - FRONT DOOR ELEVATION Scale: 3/16" = 1'-0" 2 A-4.0 RED LED BAND RED SURFACE APPLIED TRANSLUCENT FILM BY SIGN CONTR. PRE-FINISHED METAL ROOF CAP. COLOR TO MATCH UNICLAD MATTE BLACK SR CLEAR ALUMINUM WRAPPED PLYWOOD SOFFIT CLEAR ALUMINUM WRAPPED FIN DETAIL BRICK ACCENT STRIPE BR-2 BRICK FIELD COLOR BR-1 RED LED BAND BRICK BASE BR-3 BRICK BASE BR-3 CLEAR ALUMINUM WRAPPED PLYWOOD PIERS CLEAR ALUMINUM WRAPPED PLYWOOD SOFFIT PREFINISHED DECORATIVE PARAPET EXTENSION TO MATCH UNI-CLAD CHARCOAL GREY SR PREFINISHED DECORATIVE PARAPET EXTENSION CAP TO MATCH UNI-CLAD MATTE BLACK SR WROUGHT IRON PATIO FENCE ENCLOSURE PT-3 CLEAR ALUMINUM STOREFRONT WINDOWS & DOORS ELECTRICAL METER CAB. PAINTED TO MATCH THE BRICK COLOR ALUMINUM SIGN PANELS BY SIGN CONTR. PRECAST PANEL SEAM, (TYPICAL) PAINTED PRECAST PANELS WITH CAST IN REVEALS, ALTERNATING PT-21 & PT-224'-0"SURFACE MOUNTED INTERNALLY ILLUMINATED GRAPHC WALL BAND WITH WITH UP & DOWN LIGHTING 6’ O.C. PRECAST WALL PANEL REVEAL, PAINTED TO MATCH PT-21 STEEL COLUMN PT-3 CAST STONE SILL CAP CLEAR ALUMINUM STOREFRONT WINDOWS & DOORS BAHAMA SHUTTER AWNING - PAC-CLAD GRAPHITE FRAME WITH PAC-CLAD ANODIC CLEAR ALUM. LOUVERS PAINTED PRECAST PANELS PAINTED TO MATCH PT-23 CAST STONE WALL CAP BRICK FIELD COLOR BR-1 CAST STONE SILL CAP BRICK ACCENT STRIPE BR-27'-0"PROJECT SCALE DATE DRAWN BY SHEET SHEET TITLEMERCURY STUDIOS, INC.2548 W. CORTEZ ST. CHICAGO, IL 60622Ph 773-395-8216 Fax 773-395-8218 merstudio@aol.com3/16" = 1'-0" CONCEPT ELEVATIONS A-4.0PORTILLO'S HOT DOGSAPPLE VALLEY, MNCOPYRIGHT © 2018 MERCURY STUDIOS, INC. RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.10-9-18 REV. 10-15-18 T/FIN. FLOOR. EL. ±0'-0" BOT/FOOTING T/FIN. FLOOR. EL. ±0'-0" BOT/FOOTING TOP/COPING EL. +24'-0" TOP/COPING EL. +22'-0" 7 1 TOP/ROOF EL. +16'-8" TOP/ROOF EL. +16'-8" EAST - DRIVE THRU ELEVATION Scale: 3/16" = 1'-0" 2 A-4.1 PRECAST PANEL SEAM, (TYPICAL) RED LED BAND OUTLINE OF ROOFTOP EQUIPTMENT BRICK BASE BR-3 CLEAR ALUMINUM DRIVE THRU WINDOWS CLEAR ALUMINUM DRIVE THRU WINDOWS CLEAR ALUMINUM STOREFRONT WINDOWS CLEAR ALUMINUM WRAPPED PLYWOOD SOFFIT ALUMINUM SIGN PANELS BY SIGN CONTR. CLEAR ALUMINUM WRAPPED PLYWOOD PIERS PREFINISHED DECORATIVE PARAPET EXTENSION TO MATCH UNI-CLAD CHARCOAL GREY SR PREFINISHED DECORATIVE PARAPET EXTENSION CAP TO MATCH UNI-CLAD MATTE BLACK SR BEYOND SIGNAGE SUPPLIED AND INSTALLED BY SIGN CONTRACTOR RED LED BAND 3'-6"5'-11 1/4"4'-0"9'-0"18'-0"18'-8"PAINTED PRECAST PANELS WITH CAST IN REVEALS, ALTERNATING PT-21 & PT-22 SURFACE MOUNTED INTERNALLY ILLUMINATED GRAPHC WALL BAND WITH WITH UP & DOWN LIGHTING 6’ O.C. PRECAST WALL PANEL REVEAL, PAINTED TO MATCH PT-216'-1 1/2"STEEL PATIO ROOF FRAME WITH CORRUGATED ALUMINUM ROOFING WROUGHT IRON PATIO FENCE ENCLOSURE PT-3 STEEL COLUMN PT-34'-7 1/4"7'-0"BRICK ACCENT STRIPE BR-2 CAST STONE WALL CAP BRICK FIELD COLOR BR-1 PAINTED PRECAST PANELS PAINTED TO MATCH PT-23 CAST STONE SILL CAP T/FIN. FLOOR. EL. ±0'-0" BOT/FOOTING EL. -4'-0" TOP/COPING EL. +24'-0" TOP/ ARCH FEATURE EL. +28'-3" T/FIN. DRIVEWAY EL. -0'-1" CD A TOP/ ARCH FEATURE EL. +34'-6" TOP/ROOF EL. +15'-1" TOP/ROOF EL. +16'-8" BR-1 SIOUX CITY BRICK - CINNAMON IRONSPOT SMOOTH BR-2 SIOUX CITY BRICK - BROWN SMOOTH BR-3 SIOUX CITY BRICK - EBONITE SMOOTH * ALL BRICKS ARE 12" UTILITY (3 5/8 x 3 5/8 x 11 5/8) PT-3 SHERWIN WILLIAMS #SW6991, BLACK MAGIC PT-21 SHERWIN WILLIAMS #7042, SHOJI WHITE PT-22 SHERWIN WILLIAMS #6128, BLONDE PT-23 SHERWIN WILLIAMS #6116, TATAMI TAN PT-24 SHERWIN WILLIAMS #6328, FIREWEED PT-25 SHERWIN WILLIAMS #7041, VAN DYKE BROWN * BUILDING SIGNAGE IS TO BE SUBMITTED AND APPROVED UNDER SEPARATE SIGN PERMIT DRAWINGS. * GHOST SIGNAGE IS TO BE SUBMITTED AND REVIEWED AS PART OF THE ARCHITECTURAL REVIEW APPROVAL PROCESS. SOUTH - REAR ROOM ELEVATION Scale: 3/16" = 1'-0" 1 A-4.1 PRECAST PANEL SEAM, (TYPICAL) RED LED BAND OUTLINE OF ROOFTOP EQUIPTMENT PRE-FINISHED METAL ROOF CAP. COLOR TO MATCH UNICLAD MATTE BLACK SR CLEAR ALUMINUM WRAPPED PLYWOOD SOFFIT CLEAR ALUMINUM WRAPPED FIN DETAIL GREASE PUMP ACCESS DOOR PAINTED TO MATCH BRICKGAS METER PAINTED TO MATCH BRICK STAINLESS STEEL DOOR & FRAME STAINLESS STEEL DOOR & FRAME CLEAR ALUMINUM WRAPPED FIN DETAIL SIGNAGE SUPPLIED AND INSTALLED BY SIGN CONTRACTOR SURFACE MOUNTED INTERNALLY ILLUMINATED GRAPHC WALL BAND WITH WITH UP & DOWN LIGHTING 6’ O.C. 0 5 10 15 20 25 FT PRECAST WALL PANEL REVEAL, PAINTED TO MATCH PT-21 BRICK FIELD COLOR BR-1 BRICK ACCENT STRIPE BR-2 CAST STONE SILL CAP 7'-0"PAINTED PRECAST PANELS PAINTED TO MATCH PT-23 PORTILLO'S HOT DOGSAPPLE VALLEY, MNPROJECT SCALE DATE DRAWN BY SHEET SHEET TITLEMERCURY STUDIOS, INC.2548 W. CORTEZ ST. CHICAGO, IL 60622Ph 773-395-8216 Fax 773-395-8218 merstudio@aol.com3/16" = 1'-0" CONCEPT ELEVATIONS A-4.1 COPYRIGHT © 2018 MERCURY STUDIOS, INC. RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.10-9-18 REV. 10-15-18 NORTH - PATIO ELEVATION Scale: 3/16" = 1'-0" 1 A-4.0 0 5 10 15 20 25 FT WEST - FRONT DOOR ELEVATION Scale: 3/16" = 1'-0" 2 A-4.0 PROJECT SCALE DATE DRAWN BY SHEET SHEET TITLEMERCURY STUDIOS, INC.2548 W. CORTEZ ST. CHICAGO, IL 60622Ph 773-395-8216 Fax 773-395-8218 merstudio@aol.com3/16" = 1'-0" COLOR CONCEPT ELEVATIONS A-4.0PORTILLO'S HOT DOGSAPPLE VALLEY, MNCOPYRIGHT © 2018 MERCURY STUDIOS, INC. RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.10-9-18 REV. 10-15-18 EAST - DRIVE THRU ELEVATION Scale: 3/16" = 1'-0" 2 A-4.1 SOUTH - REAR ELEVATION Scale: 3/16" = 1'-0" 1 A-4.1 0 5 10 15 20 25 FT PORTILLO'S HOT DOGSAPPLE VALLEY, MNPROJECT SCALE DATE DRAWN BY SHEET SHEET TITLEMERCURY STUDIOS, INC.2548 W. CORTEZ ST. CHICAGO, IL 60622Ph 773-395-8216 Fax 773-395-8218 merstudio@aol.com3/16" = 1'-0" COLOR CONCEPT ELEVATIONS A-4.1 COPYRIGHT © 2018 MERCURY STUDIOS, INC. RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.10-9-18 REV. 10-15-18 PORTILLO'S HOT DOGSAPPLE VALLEY, MNPROJECT SCALE DATE DRAWN BY SHEET SHEET TITLEMERCURY STUDIOS, INC.2548 W. CORTEZ ST. CHICAGO, IL 60622Ph 773-395-8216 Fax 773-395-8218 merstudio@aol.comRENDERING COPYRIGHT © 2018 MERCURY STUDIOS, INC. RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.10-9-18 REV. 10-15-18 BR-2 SIOUX CITY BRICK - BROWN SMOOTH (PT-3) SW6991 "BLACK MAGIC" WROUGHT IRON CULTURED LIMESTONE BR-1 SIOUX CITY BRICK - CINNAMON IRONSPOT SMOOTH EXTERIOR FINISHES UNI-CLAD MATTE BLACK SR ALUM. BREAK METAL BR-3 SIOUX CITY BRICK - EBONITE SMOOTH CLEAR ALUMINUM SIDING QUILTED STAINLESS STEEL UNI-CLAD CHARCOAL GREY SR ALUM. BREAK METAL (PT-21) SW7042 "SHOJI WHITE" HORIZONTAL STRIPE COLOR (PT-22) SW6128 "BLONDE" HORIZONTAL STRIPE & REAR PANEL COLOR (PT-23) SW6116 "TATAMI TAN" REAR PANEL COLOR GALVANIZED ROOFING (PT-24) SW6328 "FIREWEED" ACCENT COLOR PORTILLO'S HOT DOGSAPPLE VALLEY, MNPROJECT SCALE DATE DRAWN BY SHEET SHEET TITLEMERCURY STUDIOS, INC.2548 W. CORTEZ ST. CHICAGO, IL 60622Ph 773-395-8216 Fax 773-395-8218 merstudio@aol.comMATERIAL BOARD COPYRIGHT © 2018 MERCURY STUDIOS, INC. RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.10-9-18 REV. 10-15-18 MONUMENT job#: 17-6842 02-06-17 10-29-18R WHITEHEAD PAMELA F page 7 of 12 Comments: BEEF BURGERS SALADS M-28 D.F. Illuminated Monument - Scale 3/8" = 1'-0" Qty: (1) Required 7'-6"1'-7" 1'-4"6'-0"6'-0"6'-0"4"4"4"3'-9"3'-9"3'-9"1'-11"1'-11"1'-11"ALUMINUM CAP AND SILL, SW6148 WOOL SKEIN PAINTED FINISH. ALUMINUM CABINET & RETAINERS, BLACK PAINTED FINISH NEW WHITE LEXAN FACES, WITH FIRST SURFACE APPLIED VINYL. BLACK VINYL APPLIED PARABOLOID WITH COPY WEEDED OUT TO SHOW WHITE. 3M #3630-33 RED TRANSLUCENT VINYL, 3M #7725-10 WHITE & #7725-12 BLACK OPAQUE VINYL APPLIED GRAPHICS ALUMINUM BASE W/ VENEER BRICK & MORTAR OVERLAY TO MATCH BUILDING. ALUMINUM DRIP CAP COVER, PMS #400 LT GREY PAINTED FINISH. SIGN ILLUMINATED USING WHITE LED MODULES. * DIRECT BURY POLE. HOT DOGS BEEF BURGERS SALADS DRIVE-THRU Painted aluminum cap painted SW6148 Wool Skein 7'-3"v.o.3'-6"v.o.3'-6"v.o.3'-6"v.o.White Lexan face with first surface vinyl decoration Retainers and returns painted Black Painted aluminum sill painted SW6148 Wool Skein Veneer Brick & Mortar overlay 149th Street & Cedar Avenue Apple Valley, MN 55124 Apple Valley, MN January 8, 2019 18-074.00 DJR ARCHITECTURE INC. South Building TIME SQUARE RENOVATION Apple Valley, MN January 8, 2019 18-074.00 DJR ARCHITECTURE INC. South Building TIME SQUARE RENOVATION Apple Valley, MN January 8, 2019 18-074.00 DJR ARCHITECTURE INC. North Building TIME SQUARE RENOVATION Apple Valley, MN January 8, 2019 18-074.00 DJR ARCHITECTURE INC. North Building TIME SQUARE RENOVATION Apple Valley, MN January 8, 2019 18-074.00 DJR ARCHITECTURE INC. North Building TIME SQUARE RENOVATION City of MEMO Building Inspections TO: Alex Sharpe, Planning and Econ Dev Specialist FROM: George Dorn, Building Official DATE: January 4, 2018 SUBJECT: Time Square Shopping Center - Portillo’s • SAC determination is required from Met Council prior to permit issuance from the city. • Geotechnical report boring log and Special Inspector Agreement is required prior to permit and soil corrections on site. • Submit plans to Minnesota Department of Labor, Plumbing Division for review of proposed plumbing, roof drainage, sanitary and storm design. • Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling space in accordance with Table 1-A on plans issued for permit. • Separate sign permits are required. Structural drawings will be required for review. • The City of Apple Valley has adopted the 2015 MSBC 1306, subpart 3 Special Fire Protection systems. This section would require the building to have an automatic sprinkler system installed based on occupancy type and square footage. • Allowable area and building heights will be determined once the code analysis has been completed. • A grease interceptor is required for this project per City Ordinance Chapter 51.08 (B) (d). • A U.S. Environmental protection Agency must inspect all buildings, prior to demolition. A copy of the inspector’s report is required with the demolition permit application. The contractor is required to send the notification of intent to perform a demolition to the Minnesota Pollution Control Agency (MPCA) Asbestos Program. This notification form must be sent ten working days before the demolition begins. Provide a copy of this to the City when you apply for the demolition permit. You may contact the MPCA at 651-296- 6300. • Platting of the property lines must be completed prior to permit issuance. • Parking calculations for accessibility need to be calculated for the new mercantile property not the existing entire site. Revise parking calculation for accessibility on the Portillo’s site with the building permit. This instrument was drafted by: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 _________________________ ________________________________ DEVELOPMENT AGREEMENT Between CEDAR RETAIL LLC And CITY OF APPLE VALLEY For CEDAR RETAIL ADDITION _______________________________ _________________________ 1 WHEREAS, the City of Apple Valley, Dakota County, Minnesota ("City"), has been requested by Cedar Retail LLC, a Minnesota limited liabilty company ("Developer"), to approve for recording the following described plat: The plat of Cedar Retail Addition; and WHEREAS, Developer intends to plat the real property legally described on the plat (the “Property”) as three (3) lots; and WHEREAS, the City Council approved the plat on February __, 2019; NOW, THEREFORE, in consideration of the mutual agreements of the parties, it is hereby agreed by and between the parties as follows: 1. Subject to the terms and conditions of this Agreement, the City hereby approves for recording the plat known as Cedar Retail Addition, as shown and noted on Exhibit “A” attached hereto (the “Plat”). 2. The Property is governed by the terms and conditions of the City’s Zoning Ordinance (the “Ordinance”). Any use or development of the Property shall be in accordance with the provisions of the Ordinance. 3. The Developer requested and the City has agreed to design the necessary water main and sanitary sewer main to service the Plat (the "Municipal Improvements"). These Municipal Improvements are identified in the plans for Apple Valley Project No. 2018-171 (“the Municipal Plans”.) The municipal improvements serving the Plat shall be maintained as follows: A. The City shall only be responsible for maintenance of sanitary sewer lines having a pipe equal to or greater than eight inches in diameter and located within public right-of-way or utility easements. Maintenance of service and lateral lines shall be in accordance with City Policy 2.03 Water and Sanitary Sewer Service Maintenance and Repair Policy Adopted July 8, 2010, per Resolution 2010-144. 2 B. The City shall only be responsible for the maintenance of water lines having a pipe equal to or greater than six inches in diameter and located within public right- of-way or utility easements. Maintenance of service and lateral lines shall be in accordance with City Policy 2.03 Water and Sanitary Sewer Service Maintenance and Repair Policy Adopted July 8, 2010, per Resolution 2010-144. C. The storm sewer improvements located entirely within public right-of-way or dedicated public easements shall be owned and maintained by the City. 4. Developer shall comply with the conditions of building permit authorizations set forth in City of Apple Valley Resolution No. 2019-____, and Resolution No. 2019-_____, copies of which is attached hereto (Exhibit “B” and Exhibit “C”) which are incorporated herein. 5. Subject to the provisions hereunder, the Developer shall install the Municipal Improvements in accordance with the Municipal Plans, and install improvements in accordance with and under the following conditions: A. To complete all improvements in conformance with the plans and specifications submitted by Developer and approved by the City, including but not limited to the following plans prepared by Kimley-Horn and Associates, Inc. with an issue date of November 7, 2018, and the latest revision date of January 31, 2019, and any subsequent revisions as required by the City Engineer: Sheets C200, 201, & 203 Demolition Plan Sheets C400, 401, & 402 Site Plan Sheets C500, 501, & 502 Grading Plan Sheets C503 Storm Water Details Sheets C600, 601, & 602 Utility Plans Sheets C700, 701 & 702 Construction Details Sheets L100, 101, & 102 Landscape Plan & Details B. To construct sidewalk(s) and driveways with concrete or bituminous material in accordance with City construction standards. C. To seal or cause to be sealed all existing wells on the Property in accordance with State, County and local laws. D. To install a protective box and cover over each sewer cleanout and water shutoff, to City specifications. 3 E. To install all lot monuments upon or before October 31, 2019. F. To install and maintain all materials (trees, shrubs and sod) identified in the City approved landscape plan. G. The Developer agrees to comply with all requirements of the Natural Resources management regulations as set forth in Chapter 152 of the Apple Valley City Code prior to, during and after the development of the Property. The Developer further agrees to submit to the City for its approval, a Natural Resources Management Plan prior to any construction or land-disturbing activity in connection with the development of the Property. The Developer shall implement and comply with all terms and conditions of the approved Natural Resources Management 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. H. To install erosion control measures in accordance with the approved Natural Resources Management Plan. I. To install each item noted in this Section 5 at the Developer's sole cost and expense, in accordance with all plans reviewed and approved by the City. J. To attend a preconstruction meeting with representatives of the City and to require the attendance of all contractors and subcontractors, prior to commencement of construction. K. Developer will not bury any pipe nor install bituminous surface nor pour concrete pursuant to implementing the Plans, without the specific approval of the City Inspector, prior to the work being performed. L. All “on-site” inspections by the City during the construction of the improvements described herein will be done at the sole cost and expense of Developer, by inspectors supplied by the City. M. 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. N. To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of $559,943.00 (“Financial Guaranty”) to secure the performance and payment of the Developer's construction obligations under this Agreement as they relate to the improvements designated by the City in accordance with the provisions of Section 5 herein, in a form and with terms to the sole satisfaction of the City, until all the construction obligations under this Agreement are fulfilled. 4 Periodically upon Developer’s written request and upon completion and verification of satisfactory compliance of any installed improvements; a like percentage of that portion of the Financial Guaranty covering those specific completed improvements may be released; except however the final twenty percent (20%) of that portion of the Financial Guaranty covering the improvements shall be held until a final acceptance by the City of all requirements under the Development Agreement. At the time of final inspection of all improvements, if it is determined by the City that the submitted plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require that Developer post a cash escrow equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as the City deems necessary, not to exceed five (5) years. O. To pay the City's reasonable costs related to the Property and this Agreement, including but not limited to design of the Municipal Improvements, administration, engineering, legal fees, inspection and enforcement. The City shall submit invoices to the Developer with detailed descriptions of the services rendered by the City in accordance with this Agreement. The Developer shall deposit the sum of $27,000.00 with the City toward payment of the City's reasonable costs. If the City's reasonable costs exceed the deposit, Developer agrees to reimburse the City within thirty (30) days of billing. Should the costs be less than the amount of the deposit, upon completion of the improvements, the amount remaining on deposit shall be returned to the Developer. P. That any material violation of the terms of this Agreement and in particular this section, shall allow the City to stop and enjoin all construction on the Property until the violation is remedied to the reasonable satisfaction of 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. 6. Unless a longer warranty period is provided by Minnesota law, the Developer warrants all Municipal Improvements required to be performed by Developer, its agents and employees, against poor materials and faulty workmanship for a period of two (2) years aft er acceptance by the City. Developer shall provide a warranty bond(s), in an amount equal to the cost of the Municipal Improvements, for a two (2) year period commencing upon the City's acceptance of the Municipal Improvements. The Developer shall be solely responsible for the cost and expense 5 to perform all required repair work to City Standards within thirty (30) days of written notification by the City. 7. A. General Requirements. The Developer shall not commence the Municipal Improvements until it has obtained all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the City, and the Developer shall maintain such insurance until the date six (6) months after the Cit y has accepted the Improvements. The Developer shall not allow any subcontractor to commence work on its subcontract until all insurance required for the subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without ten (10) days written notice to the City of intent to cancel. The Developer shall notify its insurance company in writing that the insurance company must notify the City if it cancels the Developer’s insurance. The Developer shall provide a copy of this written notice to the City. Each insurance policy shall contain a clause naming the City as an additionally insured party under the policy. Certificates of insurance shall be submitted on Standard Form C.I.C.C.-701 or ACORD 25 forms and shall specifically note the clause providing for 10 days written notice to the City of intent to cancel. The certificates of insurance shall also specifically note the clause naming the City as an additionally insured party under the policy. The following minimum coverage shall apply. i) Worker's compensation insurance as required by law. ii) Employer’s liability insurance with minimum limits as follows: Bodily Injury by Disease: $500,000 per person Bodily Injury by Disease: $500,000 general aggregate Bodily Injury by Accident: $500,000 general aggregate iii) Contractor’s Comprehensive general and automobile liability insurance, including coverage for non-owned and hired vehicles, in limits as follows: 6 General Liability - $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability - $1,000,000 Combined Single Limit for Bodily Injury and Property damage iv) In addition to all listed coverages, Developer shall procure and maintain an Umbrella or Excess liability policy in a minimum limit of $2,000,000. B. Minimum Insurance Requirements. Losses other than those covered by insurance shall be the sole responsibility of the Developer. The insurance requirements as set forth herein shall be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Developer at its sole cost and expense. C. Contractual Liability. To the fullest extent permitted by law, the Developer shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorneys' fees arising out of or resulting from the performance of this Agreement provided that any such claim, damage, loss or expense, but only to the extent the same (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Developer, any subcontractor, anyone directly or ind irectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, but not to the extent caused by the gross negligence or willful misconduct of a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. 8. The Developer agrees to install all utilities underground on the Property, specifically including electrical, telephone, cable television and gas services. The Developer 7 hereby represents that all utility services will be available for a building prior to occupancy of any dwelling in that respective building. 9. No occupancy of any building on the Property shall occur until water, sanitary sewer, and a paved driving surface are available for use to that building. 10. Prior to the release of the plat for recording, the Developer shall: A. Deliver to the City the Financial Guaranty (Section 5N). B. Deposit the funds to the City (Section 5O). C. Deliver evidence of cross-access/parking (Section 17). 11. Prior to the issuance of a building permit, the Developer agrees to pay the City for the public services furnished to the Property, in an amount as determined below upon the basis of units (per building) as determined by the City Engineer, which amount shall be paid in the following manner: A. Sewer Availability Charge - The rate per unit is based on the year in which the building permit is issued (presently $3,174.00 per unit - $2,485.00 Metro and $353.00 City). The person who applies for a building permit shall pay, at the time of the issuance of the permit, an amount equal to the rate times the number of units. This fee is subject to change if the obligation of the City to the Metropolitan Waste Control Commission changes. B. Water System, Supply and Storage Charge - The rate per unit is based on the year in which the building permit is issued (presently $961.00 per unit). The person who applies for a building permit shall pay, at the time of the issuance of the permit, an amount equal to the rate times the number of units. 12. The parties mutually recognize and agree that the park dedication requirements have previously been satisfied. 13. The parties mutually recognize and agree that storm water pond dedication requirements, as provided in Chapter 153 of the City Code, shall be satisfied by a combination of the dedication of drainage and utility easements on the plat, the grading of the Property in 8 conformance with City approved plans, and the execution and recording of the Storm Water and Infiltration Agreements (Exhibits “D” and “E”) and the Declaration of Covenants (Exhibit “F”.) 14. The Developer agrees to install and pay for a lighting system for the Property, in accordance with City and Dakota Electric Company standards. 15. The Developer agrees to provide the City with as-built surveys for any building constructed within the Property, prior to the issuance of the Certificate of Occupancy for that building. 16. The Developer agrees to reimburse the City for all reasonable engineering, administrative and legal costs and expenses incurred by the City in connection with this Agreement or the enforcement thereof. 17. Prior to recording the plat, the Developer shall provide the City with documentary evidence of perpetual access and cross parking for each lot in the Plat. The document shall be reviewed and approved by the City Attorney. The document shall be recorded with the plat. 18. The Developer shall deliver to the City copies of the recorded documents to evidence that the Developer has complied with its recording obligations under this Agreement. 19. The Developer hereby specifically releases the members of the City Council from any personal liability in connection with handling funds pursuant to the terms of this Agreement, and further agrees to indemnify and hold the members of the City Council harmless and against all claims, damages, losses and expenses, including but not limited to reasonable attorneys' fees, arising out of or resulting from the performance of this Agreement to the extent caused in whole or in part by any negligent act or omission of the Developer, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part 9 by a party indemnified hereunder, but not to the extent caused by the gross negligence or willful misconduct of a party indemnified hereunder. 20. The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the Property and shall be binding upon the respective heirs, administrators, successors and assigns of the Developer. Cedar Retail LLC a Minnesota limited liability company ______________________________ By: ____________________ Its: ______________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2019, by ______________, the _______________ of Cedar Retail LLC, a Minnesota limited liability company, on behalf of the limited liability company. ___________________________________ Notary Public 10 City of Apple Valley ___________________________ By: Mary Hamann-Roland Its: Mayor ___________________________ By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of _____________, 2019, before me a Notary Public within and for said County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. ________________________ Notary Public CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR CEDAR RETAIL ADDITON 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 building permit shall be applicable to land legally described as Lot 2, Block 1, Cedar Retail Addition; 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 January 16, 2019. 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 redevelopment of the existing building demolishing approximately 14,500 sq. ft. and retaining approximately 9,700 sq. ft. . hereby authorized, subject to the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the approval shall lapse. 2. Construction shall occur in conformance with the site plans dated January 31, 2019, on file with at City offices and attached to this resolution. 3. The applicant shall follow all conditions included in the City Engineer's memo dated September 13, 2018. 4. Construction shall occur in conformance with the landscape plan dated January 31, 2019; subject to submission of a detailed landscape planting price list for verification of the City’s 2½% landscaping requirement at the time of building permit application. 5. 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. 6. Trash enclosures/storage at the rear of the structure shall comply with City Code. EXHIBIT B 2 7. The infiltration basin shall be constructed in conformance with City standards and approval by the City Engineer. 8. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of all onsite infiltration areas. 9. Additional trees shall be added surrounding the infiltration basin west of the existing building. 10. Landscaping in western most curb island shall be shifted within the landscape island to allow for an unobstructed view when vehicles are headed northbound. 11. An internal stop condition shall be installed on the western most curb island for traffic coming from the south to allow for east/west thru traffic. 12. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 13. A cross parking agreement between all lots shall be filed with the City prior to issuance of a building permit. 14. Subject to all conditions noted in the Building Official's memo dated January 4, 2019. 15. Subject to all conditions noted in the City Engineer's memo dates January 10, 2019. 16. The final plat for the Cedar Retail Addition shall be recorded with Dakota County prior to the issuance of a building permit. 17. 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. 18. The Site Plan and Building Permit Authorization is subject to the approval of the Cedar Retail Addition final plat. 19. Construction shall occur in conformance with the architectural plans dated January 8, 2019, subject to minor revisions. 20. Installation landscaping shall occur in conformance with the landscape plan dated January 31, 2019, on file with the City, subject to minor revisions and subject to conformance with landscaping requirements. 21. The owner shall submit a detailed nursery bid list at the time of application for the building permit that confirms the value of the landscape plantings. 22. 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. 23. Any site lighting shall consist of downcast, shoebox lighting fixtures or 3 wallpacks with deflector shields which confines the light to the property. 24. 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. 25. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 14th day of February, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 4 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 February 14, 2019, the original of which is in my possession, dated this day of , 20 . Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR CEDAR RETAIL ADDITON 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 building permit shall be applicable to land legally described as Lot 3, Block 1, Cedar Retail Addition; 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 January 16, 2019. 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 construction of and approximately 8,300 sq. ft. Portillo’s Class III restaurant is hereby authorized, subject to the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the approval shall lapse. 2. Construction shall occur in conformance with the site plans dated January 31, 2019, on file with at City offices and attached to this resolution. 3. The applicant shall follow all conditions included in the City Engineer's memo dated September 13, 2018. 4. Construction shall occur in conformance with the landscape plan dated January 31, 2019; subject to submission of a detailed landscape planting price list for verification of the City’s 2½% landscaping requirement at the time of building permit application. 5. 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. 6. Trash enclosures/storage at the rear of the structure shall comply with City Code. EXHIBIT C 2 7. The infiltration basin shall be constructed in conformance with City standards and approval by the City Engineer. 8. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of all onsite infiltration areas. 9. Additional trees shall be added surrounding the infiltration basin west of the existing building. 10. Landscaping in western most curb island shall be shifted within the landscape island to allow for an unobstructed view when vehicles are headed northbound. 11. An internal stop condition shall be installed on the western most curb island for traffic coming from the south to allow for east/west thru traffic. 12. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 13. A cross parking agreement between all lots shall be filed with the City prior to issuance of a building permit. 14. Subject to all conditions noted in the Building Official's memo dated January 4, 2019. 15. Subject to all conditions noted in the City Engineer's memo dates January 10, 2019. 16. The final plat for the Cedar Retail Addition shall be recorded with Dakota County prior to the issuance of a building permit. 17. 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. 18. The Site Plan and Building Permit Authorization is subject to the approval of the Cedar Retail Addition final plat. 19. Construction shall occur in conformance with the architectural plans dated October 15, 2018, subject to minor revisions. 20. Installation landscaping shall occur in conformance with the landscape plan dated January 31, 2019, on file with the City, subject to minor revisions and subject to conformance with landscaping requirements. 21. The owner shall submit a detailed nursery bid list at the time of application for the building permit that confirms the value of the landscape plantings. 22. 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. 23. Any site lighting shall consist of downcast, shoebox lighting fixtures or 3 wallpacks with deflector shields which confines the light to the property. 24. 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. 25. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 14th day of February, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 4 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 February 14, 2019, the original of which is in my possession, dated this day of , 20 . Pamela J. Gackstetter, City Clerk 1 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT This AGREEMENT is made by and between Cedar Retail LLC, a Minnesota limited liability limited company (the “Owner”), and the City of Apple Valley, a Minnesota municipal corporation (the “City”). The Owner and the City shall jointly be referred to as the “Parties.” WHEREAS, the Owner is the fee owner of real property legally described as follows: Lot 2, Block 1, Cedar Retail Addition, according to the recorded plat thereof, Dakota County, Minnesota (the “Property”); WHEREAS, on February _______, 2019 the City Council approved a site plan and authorized a building permit for improvements upon the Property. The building permit authorization is subject to a number of conditions as set forth in the City Council's Resolution No. 2019 - ______, which includes, but is not limited to, the requirement that all construction and site improvements be in conformance with the approved site plan (the “Site Plan”), and in conformance with City Code. The Site Plan is attached hereto as Exhibit “A” and incorporated herein.; WHEREAS, the Site, in accordance with the City Code, requires the Owner to install and maintain an infiltration basin on a portion of the Property as depicted on the Site Plan. WHEREAS, the City requires the Owner to install a pond and infiltration basin in accordance with the approved plans and specifications, including but not limited to the following plans dated January 31, 2019, prepared by Kimley-Horn and Associates, Inc. attached hereto as Exhibits A-E and incorporated herein. Exhibits A-E shall be collectively referred to as the "Specifications": Exhibit A Sheet C400, C401, & C402 Site Plan Exhibit B Sheet C500, C501, & C502 Grading Plan: Exhibit C Sheet C503 Storm Water Details Exhibit D Sheet L100 &101 Landscape Plan Exhibit E Sheet L102 Landscape Details EXHIBIT D 2 WHEREAS, the purpose of installing and maintaining an infiltration basin is on-site storm water management and to promote the water quality and volume control of the City's water bodies; and WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction and maintenance of the pond and infiltration basin, as between the Parties, on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each Party to the other, as hereinafter set forth, the Parties agree as follows: 1. Construction and Maintenance. 1.1 Infiltration Capacity Defined. The Infiltration Basins shall maintain an infiltration rate outlined in the approved Stormwater Management Plan and infiltrate the design volume of storm water outlined in the Stormwater Management Plan and no standing water and the design volume of storm water shall be infiltrated in 48 hours after completion of a rain event (the “Infiltration Capacity”). 1.2 Construction Requirements. The infiltration basin shall be constructed and maintained in accordance with the Specifications. 1.3 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the infiltration basin in accordance with the terms and conditions set forth in this Agreement. If at any time the infiltration basin fails to conform to the standards and the Specifications set forth herein, including, but not limited to, the Infiltration Capacity, the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the infiltration basin to the standards set forth herein. If the City approves the proposed remediation plan and schedule, the Owner shall perform the remediation in compliance therewith. 1.4 Snow and Leaves Removal and Prohibited Storage. The Owner shall sweep clean the driveway and parking area on the Property in April or May each year to remove from the Property all sand and salt deposited on the driveway and parking area. The Owner shall remove all tree leaves from the Property after they fall to the ground in October or November each year. The Owner shall not deposit or store snow within the infiltration basin. 1.5 Personal Property or Debris Storage Prohibited. The Owner shall not deposit or store any personal property or debris, litter, or other objects within the infiltration basin and the Owner shall keep the infiltration basin free of any debris, leaves, litter, or other objects. 3 1.6 Maintenance of Vegetation. The Owner shall maintain and, when necessary, replace the approved vegetation set forth on Exhibit “D.” The Owner shall not use any chemicals within the infiltration basin unless first approved by the City and only when necessary for the protection of the infiltration basin or its vegetation. The Owner shall repair any erosion within or surrounding the infiltration basin. 1.7 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the infiltration basin. 2. Inspections. 2.1 Monthly Inspections. The Owner shall conduct monthly inspections of the infiltration basin, at the Owner’s sole cost and expense, to ensure the Infiltration Capacity and a healthy plant community is maintained. If necessary, the Owner shall repair the infiltration basin if the Infiltration Capacity or healthy plant community is not in conformance with the standards set forth herein. Repairing landscape and vegetation to maintain a healthy plant community may include replacement of dead or diseased plants, vegetation or mulch and removal of noxious weeds, litter or other debris. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the infiltration basin does not conform to the Minimum Infiltration Capacity or any other requirements of the Specifications or this Agreement, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty (30) days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within fourteen (14) days after receipt of such notice. 3.2 Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City-approved remediation plan to bring the infiltration basin into compliance with the Infiltration Capacity or Specifications, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the infiltration basin and complete all work necessary to correct the infiltration basin so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the infiltration basin and all work completed by the City to bring the infiltration basin back into compliance with the Infiltration Capacity and Specifications. 3.4 Waiver of Rights. If the Owner does not timely reimburse the City, the City ma y recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the 4 Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes § 429.081. 3.5 Right of Entry. The City shall have the right to enter the property to inspect and to implement the terms of this Paragraph 3. The City shall not be subject to or liable for any claims of trespass by the Owner. 4. Standards for Performance. Any act of construction, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 5. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, any may condition consent upon such terms as the City deems desirable. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 6. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 7. Recording Agreement. The Owner shall record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution and shall provide the City with verification of recording within ninety (90) day of full execution of this Agreement. 8. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. Cedar Retail LLC, a Minnesota limited liability company ________________________________ By: _______________________ Its: ____________________ 5 STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2019, by ______________, the ________________of Cedar Retail LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________ Notary Public City of Apple Valley ______________________________ By: Mary Hamann-Roland Its: Mayor ______________________________ By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2019, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. __________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (MGD: 66-40959) 1 STORM WATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT This AGREEMENT is made by and between Cedar Retail LLC, a Minnesota limited liability limited company (the “Owner”), and the City of Apple Valley, a Minnesota municipal corporation (the “City”). The Owner and the City shall jointly be referred to as the “Parties.” WHEREAS, the Owner is the fee owner of real property legally described as follows: Lot 3, Block 1, Cedar Retail Addition, according to the recorded plat thereof, Dakota County, Minnesota (the “Property”); WHEREAS, on February _______, 2019 the City Council approved a site plan and authorized a building permit for improvements upon the Property. The building permit authorization is subject to a number of conditions as set forth in the City Council's Resolution No. 2019 - ______, which includes, but is not limited to, the requirement that all construction and site improvements be in conformance with the approved site plan (the “Site Plan”), and in conformance with City Code. The Site Plan is attached hereto as Exhibit “A” and incorporated herein.; WHEREAS, the Site, in accordance with the City Code, requires the Owner to install and maintain an infiltration basin on a portion of the Property as depicted on the Site Plan. WHEREAS, the City requires the Owner to install a pond and infiltration basin in accordance with the approved plans and specifications, including but not limited to the following plans dated January 31, 2019, prepared by Kimley-Horn and Associates, Inc. attached hereto as Exhibits A-E and incorporated herein. Exhibits A-E shall be collectively referred to as the "Specifications": Exhibit A Sheet C400, C401, & C402 Site Plan Exhibit B Sheet C500, C501, & C502 Grading Plan: Exhibit C Sheet C503 Storm Water Details Exhibit D Sheet L100 & 101 Landscape Plan Exhibit E Sheet L102 Landscape Details EXHIBIT E 2 WHEREAS, the purpose of installing and maintaining an infiltration basin is on-site storm water management and to promote the water quality and volume control of the City's water bodies; and WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction and maintenance of the pond and infiltration basin, as between the Parties, on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each Party to the other, as hereinafter set forth, the Parties agree as follows: 1. Construction and Maintenance. 1.1 Infiltration Capacity Defined. The Infiltration Basins shall maintain an infiltration rate outlined in the approved Stormwater Management Plan and infiltrate the design volume of storm water outlined in the Stormwater Management Plan and no standing water and the design volume of storm water shall be infiltrated in 48 hours after completion of a rain event (the “Infiltration Capacity”). 1.2 Construction Requirements. The infiltration basin shall be constructed and maintained in accordance with the Specifications. 1.3 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the infiltration basin in accordance with the terms and conditions set forth in this Agreement. If at any time the infiltration basin fails to conform to the standards and the Specifications set forth herein, including, but not limited to, the Infiltration Capacity, the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the infiltration basin to the standards set forth herein. If the City approves the proposed remediation plan and schedule, the Owner shall perform the remediation in compliance therewith. 1.4 Snow and Leaves Removal and Prohibited Storage. The Owner shall sweep clean the driveway and parking area on the Property in April or May each year to remove from the Property all sand and salt deposited on the driveway and parking area. The Owner shall remove all tree leaves from the Property after they fall to the ground in October or November each year. The Owner shall not deposit or store snow within the infiltration basin. 1.5 Personal Property or Debris Storage Prohibited. The Owner shall not deposit or store any personal property or debris, litter, or other objects within the infiltration basin and the Owner shall keep the infiltration basin free of any debris, leaves, litter, or other objects. 3 1.6 Maintenance of Vegetation. The Owner shall maintain and, when necessary, replace the approved vegetation set forth on Exhibit “D.” The Owner shall not use any chemicals within the infiltration basin unless first approved by the City and only when necessary for the protection of the infiltration basin or its vegetation. The Owner shall repair any erosion within or surrounding the infiltration basin. 1.7 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the infiltration basin. 2. Inspections. 2.1 Monthly Inspections. The Owner shall conduct monthly inspections of the infiltration basin, at the Owner’s sole cost and expense, to ensure the Infiltration Capacity and a healthy plant community is maintained. If necessary, the Owner shall repair the infiltration basin if the Infiltration Capacity or healthy plant community is not in conformance with the standards set forth herein. Repairing landscape and vegetation to maintain a healthy plant community may include replacement of dead or diseased plants, vegetation or mulch and removal of noxious weeds, litter or other debris. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the infiltration basin does not conform to the Minimum Infiltration Capacity or any other requirements of the Specifications or this Agreement, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty (30) days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within fourteen (14) days after receipt of such notice. 3.2 Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City-approved remediation plan to bring the infiltration basin into compliance with the Infiltration Capacity or Specifications, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the infiltration basin and complete all work necessary to correct the infiltration basin so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the infiltration basin and all work completed by the City to bring the infiltration basin back into compliance with the Infiltration Capacity and Specifications. 3.4 Waiver of Rights. If the Owner does not timely reimburse the City, the City ma y recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the 4 Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes § 429.081. 3.5 Right of Entry. The City shall have the right to enter the property to inspect and to implement the terms of this Paragraph 3. The City shall not be subject to or liable for any claims of trespass by the Owner. 4. Standards for Performance. Any act of construction, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 5. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on b ehalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, any may condition consent upon such terms as the City deems desirable. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that p arty of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 6. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 7. Recording Agreement. The Owner shall record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution and shall provide the City with verification of recording within ninety (90) day of full execution of this Agreement. 8. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. Cedar Retail LLC, a Minnesota limited liability company ________________________________ By: _______________________ Its: ____________________ 5 STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2019, by ______________, the ________________of Cedar Retail LLC, a Minnesota limited liability company, on behalf of the limited liability company. __________________________ Notary Public City of Apple Valley ______________________________ By: Mary Hamann-Roland Its: Mayor ______________________________ By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2019, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. __________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (MGD: 66-40959) DECLARATION OF COVENANTS REGARDING UNDERGROUND STORM WATER INFILTRATION SYSTEM This Declaration of Covenants (“Declaration”) is made this day of , 2018, by Cedar Retail LLC, a Minnesota limited liability company (the “Owner”). WHEREAS, the Owner is the fee title holder of real property in Dakota County, Minnesota, legally described as follows: Lot 3, Block 1, Cedar Retail Addition (the “Property”). WHEREAS, the Owner plans to install, operate, and maintain an underground storm water infiltration system ("USWIS") on the Property designed by Kinley Horn, and as depicted on the Grading and Utility Plans C501 and C503 drawings attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the Owner desires to subject the Property to covenants for the installation, operation, maintenance, repair and replacement of the USWIS as further set forth herein; NOW, THEREFORE, the Owner hereby declares and covenants as follows: 1. Maintenance. The Owner shall substantially comply with all installation, inspection and maintenance recommendations in the StormTech (sc-470 chambers/30” chamber or approval equal) attached hereto as Exhibit “B” and incorporated herein and the following additional requirements, all at the Owner’ sole cost and expense: a. The USWIS shall be inspected substantiall y as specified in the Plan by a qualified person selected by the Owner. b. The City of Apple Valley (the “City”) shall be notified at least 48 hours prior to any inspection or maintenance of the USWIS and, at the sole cost and expense of the City, a representative of the City may observe any inspection or maintenance of the USWIS. c. The Owner shall submit a report to the City no later than two weeks after any inspection or maintenance of the USWIS. The report shall include the following: i. Date and time of inspection; ii. Log of findings; iii. Date and time of maintenance; and iv. Log of maintenance performed. d. Within 24 hours of notification by the City, the Owner shall allow the City, its agents and employees, at the sole cost and expense of the City, access through any and all inspection ports for the purpose of measuring water levels in the StormTech chamber system (as described in the Plan), isolator rows, and inlet and outlet manholes. e. If at any time the USWIS (i) fails to meet the infiltration volume requirements as represented in the Plan, or (ii) fails to achieve complete infiltration within seventy- two (72) hours after any rain event (collectively, the “Requirements”), the Owner shall promptly submit to the City a proposed plan and schedule for remediation of the USWIS. If the City denies the proposed remediation plan and schedule, the Owner shall submit to the City a revised remediation plan and schedule addressing the City's reasonable concerns. If the City approves a proposed remediation plan and schedule, the Owner shall perform remediation in compliance therewith. f. If, following ten (10) business days written notice from the City with opportunity to cure, the Owner fails to submit a proposed remediation plan and schedule that are reasonably acceptable to the City, or if remediation fails to bring the USWIS into compliance with the Requirements, then the Owner shall replace the USWIS or any portion thereof as may be reasonably required by the City. 2. Standards for Performance. Any act of construction, maintenance, repair or replacement to be performed under this Declaration shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 3. Amendment. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Declaration shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, and may withhold or delay consent for any reason or none whatsoever, or may condition consent upon such terms as the City deems desirable, it being the City’s absolute right and prerogative to insist that the terms of this Declaration remain in effect and unaltered and to permit amendment, release or termination only at such times and under such circumstances, if any, as the City deems desirable in the exercise of its discretion. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgement, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination, and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution. Notwithstanding anything herein to the contrary, the Property shall not be deemed dedicated to the public or otherwise public land, and the City shall have no obligation and no right, not otherwise existing independent of this agreement, under this agreement, or under the ordinances, statutes and other laws under which the City operates, to maintain or administer Property. Notwithstanding the foregoing, if this agreement or any requirement herein should conflict with any present or future state or federal law, regulation, code or other legal requirement, the City agrees to reasonably cooperate with Declarant to amend this Agreement to eliminate such conflict. 4. Governing Law. This Declaration shall be construed under and enforced in accordance with the laws of the State of Minnesota. 5. Authority. The Owner covenants with the City that they are the fee owners of the Property as described above and have good right to create the covenants contained herein. 6. Duration. The covenants contained herein shall run with the Property and shall bind the Owner and their successors and assigns. [Signature page follows] IN WITNESS WHEREOF, the Owner has executed this Declaration of Covenants. Cedar Retail LLC, a Minnesota limited liability company By: __________________ Its: ____________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of __________, 2019, before me a Notary Public within and for said County, personally appeared Joshua D. Krsnak to me personally known, who being by me duly sworn, did say that he/she is the Cedar Retail LLC, a Minnesota limited liability company, ____________ of Cedar Retail LLC, a Minnesota limited liability company named in the instrument, and that said instrument was signed on behalf of said company as the free act and deed of the company. Notary Public Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (MGD: 66-40959) DESIGN AGREEMENT BETWEEN CITY OF APPLE VALLEY AND CEDAR RETAIL LLC FOR CEDAR RETAIL ADDITION This Design Agreement (“Agreement”) is made by and between Cedar Retail LLC, a Minnesota limited liability company (the “Developer”), and the City of Apple Valley, a Minnesota municipal corporation (the “City”). WHEREAS, the Developer intends to develop real property legally described on the proposed preliminary plat attached hereto as Exhibit “A” (the “Property”), to be known as Cedar Retail Addition; and WHEREAS, development of the Property will include (i) sanitary sewer and service stubs, and (ii) water main and service stubs, (collectively the “Improvements”); and WHEREAS, the Developer has requested and the City has agreed that the City shall design the Improvements at the Developer’s sole cost and expense; and WHEREAS, the legal fees incurred by the City for preparing this Agreement and the engineering fees incurred by the City for designing the Improvements (collectively the “Design Costs”) are currently estimated to be Fifty Thousand Five Hundred and No/100 Dollars ($31,500.00); NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Subject to the terms of this Agreement, the City shall design the plans and specifications for the Improvements (collectively the “Plans”). 2. The Developer agrees to pay the actual Design Costs as follows: a. The legal fees for preparation of this Agreement shall be billed at the hourly rates for development work as specified in the City’s fee schedule in effect when the work is performed. b. The engineering portion of the Design Costs for the initial, complete set of Plans shall be Forty-Nine Thousand Five Hundred and No/100 Dollars ($29,500.00). 2 c. The additional Design Costs for any Revisions as hereinafter defined shall be billed at the engineering hourly rates as specified in the City’s fee schedule in effect when the work is performed. 3. Contemporaneously with execution of this Agreement, the Developer shall deposit with the City the sum Fifty Thousand Five Hundred and No/100 Dollars ($31,500.00) in cash (the “Deposit”) as a deposit toward the Design Costs. 4. The parties acknowledge and agree that, as development progresses, circumstances and events may necessitate revision of the Plans (“Revisions”). In the event the City, in its sole discretion, determines that Revisions are necessary: a. The City shall notify the Developer in writing of the Revisions, the circumstances that necessitate the Revisions, and the anticipated effect of the Revisions on the Design Costs (“Written Notice”). b. The Developer shall: i. Deliver to the City written acknowledgement of receipt of the City’s Written Notice and acceptance thereof. ii. If the Written Notice states that the Revisions are anticipated to increase the Design Costs, the Developer shall deposit additional cash with the City to increase the Deposit to cover 100 percent of the estimated Design Costs. The City shall not be obligated to proceed with designing the Improvements until such payment is received. 5. The City shall apply the Deposit toward payment of the actual Design Costs as the Design Costs are incurred. 6. After the City completes the Plans, the City shall deliver to the Developer a written statement of the actual Design Costs and the application of the Deposit toward the Design Costs (the “Statement”). If the Deposit exceeds the Design Costs, the City shall refund the balance to the Developer upon delivery of the Statement. If the Design Costs exceed the Deposit, the Developer shall pay the shortfall to the City within thirty (30) days after receipt of the Statement. 7. The Developer represents and warrants to the City that the Developer has the right to provide the City with access to the Property in connection with designing the Improvements, and the Developer hereby authorizes the City to access the Property for such purpose. 3 8. The Developer acknowledges and agrees that (i) development of the Property is subject to approval by the City, including but not limited to the exercise of the City’s authority over zoning, subdivision, platting and land use regulation; (ii) the Developer’s obligations to pay the Design Costs to the City are not contingent upon approvals by the City; (iii) this Agreement or the performance thereof by one or both parties shall not affect the City’s consideration of any plans to develop the Property; and (iv) there may be additional Design Costs to be paid by the Developer if the City requires revision of any plans to develop the Property. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date of approval of this Agreement by the City, ______________, 2019. Cedar Retail LLC A Minnesota limited liability company ____________________________________ By: _________________________ Its: _________________________ City of Apple Valley ________________________________ By: Mary Hamann-Roland Its: Mayor _________________________________ By: Pamela J. Gackstetter Its: City Clerk EXHIBIT A I T E M: 5.B. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 S E C T I O N:Regular A genda Description: A ccept Resignation of P arks and Recreation Advisory Committee Members Ben Van Gundy and J essica Montgomery and Authorize Receipt of Applications through March 29, 2019, to Fill Vacancy S taff Contact: P amela J . Gackstetter Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Accept the resignation of Parks and Recreation A dvisory C ommittee Member Ben Van Gundy and acknowledge completion of service on the Committee by J essica Montgomery, direct staff to post the vacancies, and invite individuals interested in serving on the Parks and Recreation Advisory Committee to submit an application to the C ity C lerk by March 29, 2019. S UM M ARY: Committee Member Ben Van Gundy notified the C ity of his resignation from the Parks and Recreation Advisory Committee and J essica Montgomery has indicated she will be ending her service on the C ommittee at the completion of her term on March 1, 2019. Because this will create two vacancies, the C ouncil may wish to extend an invitation to individuals interested in serving on this C ommittee to submit an application to the C ity C lerk by March 29, 2019. A draft announcement regarding the vacancies is attached for your review. Appointments could then be made in April. B AC K G RO UND: T his seven-member Advisory Committee is a standing committee with the responsibility to advise the C ity Council on matters pertaining to the planning and development of parks, trails, and open space, including but not limited to: zoning amendment requests or proposed housing developments that may affect C ity parks or park and trail needs, and park development bond issues. T he C ommittee shall also serve as the initial forum for consideration of citizen concerns related to the C ity’s park and trail systems. T he Parks and Recreation Advisory Committee votes on recommendations, which are then sent to the City Council for consideration. T his C ommittee generally meets on the first T hursday in J anuary, March, May, September, and November, beginning at 7:00 p.m., at the Apple Valley Municipal Center. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Notice City of MEMO City Clerk’s Office CITY OF APPLE VALLEY ANNOUNCEMENT OF PARKS AND RECREATION ADVISORY COMMITTEE VACANCIES Two vacancies currently exists on the City of Apple Valley’s Parks and Recreation Advisory Committee: one for a three-year term expiring March 1, 2020, and one for a three-year term expiring March 1, 2022. This seven-member Advisory Committee is a standing committee with the responsibility to advise the City Council on matters pertaining to the planning and development of parks, trails, and open space, including but not limited to: zoning amendment requests or proposed housing developments that may affect City parks or park and trail needs, and park development bond issues. The Committee shall also serve as the initial forum for consideration of citizen concerns related to the City’s park and trail systems. The Parks and Recreation Advisory Committee votes on recommendations, which are then sent to the City Council for consideration. This Committee generally meets on the first Thursday in January, March, May, September, and November, beginning at 7:00 p.m., at the Apple Valley Municipal Center. The City Council will fill these vacancies by appointment. Persons interested in submitting their name for consideration must file an application with the City Clerk by 4:30 p.m., by Friday, March 29, 2019. Application forms can be obtained on the City’s website at www.cityofapplevalley.org or at the office of the Apple Valley City Clerk, at 7100 147th Street W., Apple Valley, Minnesota 55124, or by calling 952-953-2506. DATED this 14th day of February, 2019. BY ORDER OF THE CITY COUNCIL Pamela J. Gackstetter City Clerk I T E M: 7. C O UNC I L ME E T I NG D AT E :F ebruary 14, 2019 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 L ocation E v ent T hur./Feb. 14 5:30 p.m.Municipal C enter Informal C ity Council Meeting T hur./Feb. 14 7:00 p.m.Municipal C enter Regular City C ouncil Meeting Fri./Feb. 15 7:30-9:00 a.m.Eagan C ommunity C enter MLC Regional Legislative Breakfast Meeting Sat./Feb. 16 6:00-9:00 p.m. Bogart’s Entertainment C enter Apple Valley Arts Foundation Frozen Apple C oncert Series Mon./Feb.18 C ity Offices Closed President's Day Tue./Feb. 19 11:00 a.m.-12:00 p.m. Valley Skin & Medspa Ribbon C utting Ceremony Feb. 20-21 C hrist on Capitol Hill C hurch, St. Paul 2019 LMC Legislative C onference for Cities Wed./Feb. 20 8:00-9:00 a.m.360 Communities, Burnsville J oint Chamber Coffee C onnection Wed./Feb. 20 7:00 p.m.Municipal C enter Planning Commission Meeting T hur./Feb. 21 4:30-6:30 p.m.Image360 C hamber Business After Hours Sat./Feb. 23 5:00 p.m. Bogart’s Entertainment C enter Fire Department Awards Banquet Tue./Feb. 26 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee Meeting T hur./Feb. 28 7:00 p.m.Municipal C enter Regular City C ouncil Meeting Fri./Mar. 1 8:30 a.m.-2:00 p.m. C amp Sacajawea Retreat C enter Special Informal C ity Council Meeting Mon./Mar. 4 7:00 p.m.Municipal C enter Telecommunications Advisory C ommittee Meeting Wed./Mar. 6 7:00 p.m.Municipal C enter Planning Commission Meeting Informal Parks & Recreation T hur./Mar. 7 6:00 p.m.Municipal C enter Advisory Committee Meeting T hur./Mar. 7 7:00 p.m.Municipal C enter Regular Parks & Recreation Advisory Committee Meeting Mar. 10-13 Washington D.C .National League of C ities C ongressional City C onference 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