Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08/08/2019 Meeting
M eeting L ocation: M unicipal C enter 7100 147th S treet West Apple Valley, M innesota 55124 August 8, 2019 C IT Y C O UN C IL IN F O RMA L MEET IN G T EN TAT IVE D IS C USSIO N IT EMS 5:30 P M 1.C ouncil Discussion Items (10 min.) 2.Night to Unite Recap (20 min.) 3.Discuss Operation and Improvement of Pickleball C ourts (45 min.) 4.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.A pprove Minutes of J uly 25, 2019, Regular Meeting B.A pprove Change of General Manager in Connection with C lub On-Sale Liquor Licenses at Apple Valley American Legion, Post 1776, 14521 G ranada Drive C .A dopt Resolution Setting Public Hearing on Issuance of Revenue Bonds by Woodbury Economic Development Authority, at 7:00 p.m. on August 22, 2019 D.A dopt Resolution Accepting Easements for Project 2019-109, 147th Street and J ohnny C ake Ridge Road Intersection Improvements E.A pprove Change Order No. 1 to Agreement with Pember C ompanies, Inc., for Project 2019-121, 2019 Lebanon C emetery Boundary Fence F.A pprove Change Order No. 4 to Agreement with Mueller Systems, LLC , for Project 2016-101, Water Meter Replacement G.A pprove Acceptance and Final Payment on Agreement with LD V, Inc., for Apple Valley Mobile C ommand Van H.A pprove Personnel Report I.A pprove Claims and Bills 5.Regular Agenda Items A.A dopt Resolution Authorizing Submission of C omprehensive Plan A mendment to Metropolitan C ouncil Re-designating Lot 2, Block 1, Hope Alliance 2nd Addition, from "IN S" (Institutional) to "C" (C ommercial) B.Pass Ordinance Amending P D-290, Zone 5, to A llow a Health C lub, Fitness Facility, Day Spa or Yoga Studio as a Permitted Use (Recommend waiving second reading) 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Regular meetings are broadcast, live, on C harter C ommunications C able Channel 180 and on the C ity's website at www.cityof applevalley.org I T E M: 3. C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:I nf ormal Agenda I tem Description: Discuss Operation and I mprovement of P ickleball C ourts (45 min.) S taff Contact: B arry B ernstein, Director of Parks & 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: Resolution 2019-049 directed staff to install an attenuation barrier, update the sound attenuation study, research an access control, and commence a feasibility study on the possible construction of replacement pickleball courts. Staff has addressed each of these directives and is seeking C ity Council's instruction as to the future of pickleball courts. B AC K G RO UND : Resolution 2019-049 was adopted March 28, 2019. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material R esolution Presentation June 28, 2019 Mr. Barry Bernstein City of Apple Valley 7100 147th St W Apple Valley, MN 55124 Subject: Summary Report for Follow-Up Pickleball Noise Survey Hayes Park – Apple Valley, Minnesota Dear Mr. Bernstein: We understand the City of Apple Valley has installed a noise barrier due to complaints from residents living on the south side of pickleball courts at Hayes Park in Apple Valley, Minnesota. Figure 1 shows an aerial view of the park and the location where ESI previously performed a pickleball noise survey. The results of the survey were summarized in a report dated June 19, 2018. A second ESI report dated August 14, 2018 discussed calculated noise results and recommendations for the noise barrier option. The noise barrier was recently installed and a follow-up noise survey was performed. The following is a summary of our follow-up pickleball noise survey findings. Figure 1 – Aerial image of the Hayes Park pickleball courts, nearest residences and measurement location. 1 Mr. Barry Bernstein June 28, 2019 City of Apple Valley Page 2 Measurement Results On Thursday, June 7, 2018 between 9:45 AM and 10:45 AM, Mr. Ryan Skoug of ESI performed sound level measurements at the residential property line location nearest the pickleball courts. As shown in Figure 1, the sound level meter was placed mid-way between the sets of courts. The 9:45 AM to 10:45 AM measurement period was selected because usage is typically highest during this time of day. While measuring noise, all six courts were continuously in use with other people waiting to play. The dominant noise sources were pickleball players talking and the ball/paddle impacts. Other background noise sources were birds and distant traffic. On Thursday, June 6, 2019, Mr. Skoug performed follow-up sound level measurements after a mass loaded vinyl noise barrier system was installed on the existing fence around the pickleball courts. The barrier material was continuous along the south face, continued north about two-thirds of the way along the east and west faces, and had an elevation of 10’ (see Figure 2). Per our calculations, a 10’ tall barrier would reduce pickleball noise b y about 10 dBA, which subjectively sounds half as loud. Figure 2 – Photo from the southwest side of the pickleball courts looking northeast. Mr. Barry Bernstein June 28, 2019 City of Apple Valley Page 3 For consistancy, the sound measurements were performed during the same timeframe on the same day of the week, almost the same day of the year, with similar weather conditions of sunny, warm and low wind speeds. On June 6, 2019, the pickleball noise was measured from 9:45 AM to 11:00 AM, with three courts being used continuously; the two center courts, and the northwest court. We understand not having the courts 100% full and players often using the central and northern courts has become the new normal. At 11:00 AM, the pickleball players were asked to stop play and not talk while an ambient noise measurement was performed. The ambient noise levels were measured from 11:06 AM to 11:16 AM, and no noise from the pickleball players was heard. The primary background noise sources were birds and distant traffic. To determine the pickleball noise levels without any influence from ambient noise sources, the ambient noise levels were subtracted from the June 6, 2019 pickleball noise measurement results per MPCA1 and ASTM E17402 guidelines. Also, loud ambient noise events (i.e., noise produced by a low flying plane, a close passing tractor and an emergency vehicle siren) were extracted from the pickleball noise data. Table 1 summarizes the 2018 and 2019 L503 and L104 noise measurement results (in dBA5). The table shows both the overall results (summation of all frequency content) as well as the results for the loudest individual frequencies with pickleball noise (which is loudest around the 1,000 Hz frequency). Measurement data is provided in Attachments A and B. Table 1 – Pickleball Noise Measurement Results The results show a 10 dBA to 12 dBA reduction in the overall results, and a 12 dBA to 15 dBA reduction in the loudest individual pickleball noise frequencies. These results meet the design goal for the calculated noise reduction of 10 dBA. 1 Smith, Amanda Jarrett, et al. “A Guide to Noise Control in Minnesota.” Minnesota Pollution Control Agency, Nov. 2015, www.pca.state.mn.us/sites/default/files/p-gen6-01.pdf. 2 “ASTM Standard E1780-12: Standard Guide for Measuring Outdoor Sound Received from a Nearby Fixed Source.” ASTM International, 2012. 3 L50 is the sound level that is exceeded 50% of the time during a measurement period. 4 L10 is the sound level that is exceeded 10% of the time during a measurement period. 5 dBA is the abbreviation for an A-weighted decibel measurement. A-weighting is a filtered decibel level that reflects the human ear response to sounds of a low pressure level. L50 L10 L50 L10 June 7, 2018 52 61 43 55 June 6, 2019 42 49 31 40 Delta 10 12 12 15 Date Loudest Individual FrequencyOverall Measurement Results, dBA Mr. Barry Bernstein June 28, 2019 City of Apple Valley Page 4 Conclusions ESI Engineering performed follow-up pickleball noise level measurements at Hayes Park in Apple Valley, Minnesota after a noise barrier was installed around the courts. The follow-up tests were performed with as similar of conditions as reasonably possible to the tests performed the previous year without the noise barrier. The results show a 10 dBA to 12 dBA reduction in the overall levels, which meets the design goal for the calculated noise reduction of about 10 dBA. We appreciate the opportunity to serve the needs of the City of Apple Valley and remain available to assist in the resolution of these and any other matters. Please let us know if you have any questions or need more information. Sincerely, Ryan L. Skoug, P.E. (Acoustics/Oregon) Anthony J. Baxter, P.E. (MN and WI) Consulting Engineer Principal ESI Engineering, Inc. ESI Engineering, Inc. Attachments File: P2462 City of Apple Valley - Summary Report for Follow-Up Hayes Park Pickleball Noise Survey, Jun 28, 2018 ver 1 Attachment A June 7, 2018 Noise Measurement Data Follow-Up Hayes Park Pickleball Noise Survey – June 28, 2019 Calibration Frequency: 1 kHz Initial Calibration: 93.9 dB Final Calibration: 93.9 dB Last Cal. Check: 6/7/18 @ 10:47 AM Temperature: 70 °F Wind Speed / Dir.: 3-7 MPH / E Humidity: 60% Location: Measurements: Meteorology: Preamplifier: Location: Project: Engineer: Microphone: Last Calibrated: Analyzer: Calibrator: Start Time: End Time: Run Time: City of Apple Valley - Pickleball Noise P2462 Apple Valley, MN R.L. Skoug Project No: Date: Calibration Check: Acoustic Test Results Minneapolis, Minnesota | o: 952.831.4646 | esi-engineering.com Figure A1 Larson Davis PRM831 s/n 029391 Larson Davis 377B20 s/n 137686 Bruel & Kjaer 4231 s/n 3009047 February 20, 2018 Larson Davis 831 s/n 3553 9:44:57 AM 3605.1 seconds 10:45:02 AM 6/7/2018 9:45:00 9:55:00 10:05:00 10:15:00 10:25:00 10:35:00 10:45:00h.m.s. Time, h.m.s. 40 50 60 70 80 dB Sound Pressure Level, dB re. 20 µPa831_Data.001 - LAF 10:45:02 60.0 dBA 31.5 63 125 250 500 1K 2K 4K 8K 16KHz 1/3 Octave Band Frequency, Hz 0 10 20 30 40 50 60 70 dB Sound Pressure Level, dB re. 20 µPa(L)* 831_Data.001 - LN10 - A 831_Data.001 - LN50 - A 1000 (L)* 54.5 60.8 42.1 51.7 L50.0: 51.7 dB(A) L10.0: 60.8 dB(A) L1.0: 67.8 dB(A) L90.0: 46.1 dB(A) L95.0: 44.9 dB(A) LMin: 40.4 dB(A) 831_Data.001 LN50 - A Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB 25 31.5 40 50 63 80 100 125 160 200 250 315 400 500 630 800 1000 1250 1600 2000 2500 3150 4000 5000 6300 8000 10000 12500 16000 20000 3.9 dB 10.4 dB 14.9 dB 19.7 dB 24.9 dB 27.5 dB 29.5 dB 30.2 dB 30.4 dB 31.7 dB 33.9 dB 35.0 dB 37.1 dB 38.6 dB 39.4 dB 40.5 dB 42.1 dB 42.6 dB 40.2 dB 39.0 dB 37.7 dB 37.2 dB 36.0 dB 33.2 dB 31.2 dB 28.2 dB 24.3 dB 19.8 dB 14.7 dB 11.4 dB LMax: 82.0 dB(A) Leq: 57.4 dB(A) South Residential Property Line File N. 1: Pickleball Noise Measurement Attachment B June 6, 2019 Noise Measurement Data Follow-Up Hayes Park Pickleball Noise Survey – June 28, 2019 Calibration Frequency: 1 kHz Initial Calibration: 94.1 dB Final Calibration: 94.2 dB Last Cal. Check: 6/6/19 @ 11:22 AM Temperature: 84 °F Wind Speed / Dir.: 5-8 MPH / S Humidity: 33% Location: Measurements: Meteorology: Preamplifier: Location: Project: Engineer: Microphone: Last Calibrated: Analyzer: Calibrator: Start Time: End Time: Run Time: R.L. Skoug Project No: Date: Calibration Check: Acoustic Test Results Minneapolis, Minnesota | o: 952.831.4646 | esi-engineering.com Figure B1 Larson Davis PRM831 s/n 029391 Larson Davis 377B20 s/n 137686 Bruel & Kjaer 4231 s/n 3009047 February 19, 2019 Larson Davis 831 s/n 3553 City of Apple Valley - Pickleball Noise P2462 Apple Valley, MN 9:45:01 AM 3599.8 seconds 10:45:00 AM 6/6/2019 31.5 63 125 250 500 1K 2K 4K 8K 16KHz 1/3 Octave Band Frequency, Hz 0 10 20 30 40 50 60 70 dB Sound Pressure Level, dB re. 20 µPa(L)* (A)* 831_Data.001d - 1/3 SPL Spectrum - A 831_Data.001d - 1/3 SPL Spectrum - A 12500 (L)* (A)* 16.9 61.7 50.9 14.7 59.2 44.7 L50: 44.7 dB(A) L10: 50.9 dB(A) L1: 56.3 dB(A) L90: 40.8 dB(A) L95: 40.1 dB(A) L99: 38.8 dB(A) 831_Data.001d 1/3 SPL Spectrum - A Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB 25 31.5 40 50 63 80 100 125 160 200 250 315 400 500 630 800 1000 1250 1600 2000 2500 3150 4000 5000 6300 8000 10000 12500 16000 20000 6.0 dB 10.5 dB 16.4 dB 21.8 dB 26.1 dB 29.4 dB 32.8 dB 33.3 dB 33.9 dB 35.8 dB 35.7 dB 35.5 dB 36.6 dB 38.0 dB 38.2 dB 37.4 dB 40.1 dB 41.3 dB 37.2 dB 37.6 dB 38.8 dB 37.9 dB 35.6 dB 33.7 dB 31.6 dB 25.1 dB 20.6 dB 16.9 dB 13.7 dB 11.5 dB LMax: 63.2 dB(A) South Residential Property Line File N. 1d: Pickleball Noise Measurement (Loud Ambient Noise Events Removed) 9:45:01 9:55:01 10:05:01 10:15:01 10:25:01 10:35:01 10:45:01h.m.s. Time, h.m.s. 30 40 50 60 70 dB Sound Pressure Level, dB re. 20 µPa831_Data.001d - LAF 10:00:45 56.0 dBA LMin: 36.7 dB(A) Calibration Frequency: 1 kHz Initial Calibration: 94.1 dB Final Calibration: 94.2 dB Last Cal. Check: 6/6/19 @ 11:22 AM Temperature: 84 °F Wind Speed / Dir.: 5-8 MPH / S Humidity: 33% Location: Measurements: Meteorology: Preamplifier: Location: Project: Engineer: Microphone: Last Calibrated: Analyzer: Calibrator: Start Time: End Time: Run Time: R.L. Skoug Project No: Date: Calibration Check: Acoustic Test Results Minneapolis, Minnesota | o: 952.831.4646 | esi-engineering.com Figure B2 Larson Davis PRM831 s/n 029391 Larson Davis 377B20 s/n 137686 Bruel & Kjaer 4231 s/n 3009047 February 19, 2019 Larson Davis 831 s/n 3553 City of Apple Valley - Pickleball Noise P2462 Apple Valley, MN 11:06:07 AM 614.1 seconds 11:16:21 AM 6/6/2019 31.5 63 125 250 500 1K 2K 4K 8K 16KHz 1/3 Octave Band Frequency, Hz 0 10 20 30 40 50 60 70 dB Sound Pressure Level, dB re. 20 µPa(L)* 831_Data.002 - LN10 - A 831_Data.002 - LN50 - A 2500 (L)* 38.6 46.6 27.0 40.9 L50: 41.0 dB(A) L10: 46.6 dB(A) L1: 58.8 dB(A) L90: 37.9 dB(A) L95: 37.4 dB(A) L99: 36.7 dB(A) 831_Data.002 LN10 - A Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB 25 31.5 40 50 63 80 100 125 160 200 250 315 400 500 630 800 1000 1250 1600 2000 2500 3150 4000 5000 6300 8000 10000 12500 16000 20000 7.4 dB 12.1 dB 19.2 dB 22.2 dB 26.9 dB 31.4 dB 31.7 dB 32.3 dB 32.9 dB 33.6 dB 32.8 dB 34.7 dB 33.9 dB 33.6 dB 33.4 dB 33.8 dB 34.0 dB 35.3 dB 33.9 dB 34.5 dB 38.6 dB 35.9 dB 33.0 dB 30.4 dB 23.2 dB 18.5 dB 16.3 dB 14.9 dB 13.1 dB 11.4 dB LMax: 61.9 dB(A) South Residential Property Line File N. 2: Ambient Noise Measurement 11:06:07 11:07:07 11:08:07 11:09:07 11:10:07 11:11:07 11:12:07 11:13:07 11:14:07 11:15:07 11:16:07h.m.s. Time, h.m.s. 30 40 50 60 70 dB Sound Pressure Level, dB re. 20 µPa831_Data.002 - LAF 11:09:00 60.0 dBA LMin: 36.0 dB(A) CITY OF APPLE VALLEY RESOLUTION NO. 2019-49 A RESOLUTION ADDRESSING THE OPERATION AND IMPROVEMENT OF PICKLEBALL COURTS LOCATED AT HAYES PARK WHEREAS,the City currently operates six dedicated pickleball courts in Hayes Park adjacent to the Apple Valley Community Center; and WHEREAS, the courts have permitted the sport of pickleball to grow significantly in the community providing a valuable recreational outlet to citizens of all ages, especially seniors; and WHEREAS, some neighbors have expressed concern over the noise generated by the playing of pickleball in close proximity to their homes; and WHEREAS, in an attempt to help minimize noise impacts,the Apple Valley Parks and Recreation Advisory Committee on May 3, 2018, set the permissiblehours of pickleball play at Hayes Park with standard balls on weekdays from 8:30 a.m. to 2:00 p.m. and 4:30 p.m. to 8:00 p.m., Saturdays from 9:30 a.m. to 2:00 p.m. and Sundays from 12:30 p.m. to 4:30 p.m.; and WHEREAS, in a further attempt to help minimize noise impacts,the Apple Valley Parks and Recreation Advisory Committee on July 19, 2018, recommended to the City Council that the permissible hours of all pickleball play at Hayes Park be weekdays from 9:00 a.m. to 1:30 p.m. and 4:30 p.m. to 7:30 p.m., Saturdays from 9:30 a.m. to 2:00 p.m. and Sundays from 12:30 p.m. to 4:30 p.m.; and WHEREAS, the Apple Valley City Council discussed the recommendation at an informal workshop meeting on February 14, 2019, at which time they considered a number of options including modifying pickleball hours of play, the installation of a noise attenuation barrier on the pickleball court fencing, and consideration of building additional and/or replacement pickleball courts in the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1) Staff is directed to order and install a ten-foot noise attenuation barrier on the pickleball court fencing at a cost not to exceed$15,000. 2) Upon completion of the installation of the ten-foot noise attenuation barrier, staff is directed to post hours of permissible play at the Hayes Park pickleball courts as weekdays 9:00 a.m. to 7:00 p.m., Saturdays 9:00 a.m. to 5:00 p.m. and Sundays 12:00 p.m. to 5:00 p.m. Staff is further directed to update the Sound Attenuation Study to determine whether the noise attenuation barrier provides measurable noise reduction consistent with the goal of moving towards ambient noise levels. If the study finds that meaningful noise reduction cannot be achieved,the daily hours of permissible play will be modified to weekdays 9:00 a.m. to 1:30 p.m. and 4:30 p.m. to 7:30 p.m., Saturdays 9:30 a.m. to 2:00 p.m., and Sundays 12:30 p.m. to 4:30 p.m., as recommended by the Parks and Recreation Advisory Committee on July 19, 2018. 3) Staff is directed to research the availability and cost of electronic access control for the pickleball court gate at the existing courts to help implement the approved hours of play. 4) Staff is directed to commence a feasibility study on the possible construction of replacement pickleball courts elsewhere in the City and report back to the City Council no later than August 8, 2019. 5) Should the decision be made to eventually relocate the pickleball courts from their current location, adjacent neighbors will be invited to be part of the process of considering alternate uses for the existing courts. ADOPTED this 28th day of March, 2019. t ^ M a - and ayor ATTEST: P Pamela J. G c ste e ; City Clerk 2 1 Pickleball Update City Council Informal Meeting August 8, 2019 2 City Council Resolution 2019-49 Staff is directed to order and install a ten-foot noise attenuation barrier on the pickleball court fencing at a cost not to exceed $15,000 In May of 2019, the sound attenuation fabric was installed according to resolution. At the request of a local resident, additional material was installed where the picnic tables are located in the courts to further attempt to mitigate the noise. 33 Pickleball courts prior to noise fabric 3 44 Pickleball courts with fabric 4 55 #2 Hours of Play 66 Use of Courts 2019 outdoor season •Casual inspection by staff has seen a dramatic decrease in court usage throughout the outdoor season. •The decrease in court use may have several factors. •A follow-up sound study was conducted on June 6, 2019. Findings support staff’s inspection of decreased play on the courts. •Sound Study follow-up: •The results show a 10 dba to 12 dba reduction in the overall results, and 12 dba to 15 dba reduction in the loudest individual pickleball noise frequencies. These results meet the design goal for the calculated noise reduction of 10 dba. 77 #3 Electronic locking of the courts Manual Locking of the Courts •New playing time guidelines are within the timeframe of having staff at AVCC lock and unlock courts •Ability to inspect courts prior to locking courts in the evening •Ability to assist with explaining to players the rules while utilizing the Apple Valley courts Electronic Locks •Expensive -approximately $11,000 •Would not eliminate court use after gates were electronically locked •Big investment if courts are to be relocated/repurposed •Consistency due to mechanical systems Thus the decision to manually lock and unlock the courts 88 Court Location Evaluation •Evaluated possible alternative pickleball court locations on the following criteria: Parking Amenities Potential court location (neighborhoods) Possible number of courts within an area Court orientation Balance of activities Costs 99 Evaluation of JCRP Location •The existing infrastructure in place which provides a relationship to the Tennis Courts, existing underutilized hardscape for construction of a new facility and perimeter fencing along north edge saving in fence construction costs •Its relationship to a large existing parking lot to accommodate a large volume of players •Its location away from any existing or future residential for sound concerns and night play •The ability to accommodate multiple courts, which is desirable to the pickleball community, providing various levels of competition and the ability to accommodate events •It provides preferred orientation for court layout and adequate space to accommodate this size of facility •The opportunity to expand and add additional courts as demand dictates •Balances activities within the Apple Valley park system •Other locations reviewed: Cedar Knoll, Pennock, Scott, Hagemeister, and Greenleaf 10 JCRP location 1111 Courts at JCRP •Cost •Option 1 –full 12” sand section with aggregate and asphalt replacement with nets/fences •$335,440 (includes construction contingency and engineering/admin) •Option 2 –no soil correction, just aggregate and asphalt replacement with nets/fences •$257,086 (includes construction contingency and engineering/admin) •If lights are an option, please add an additional $100,000 •Please note that pricing is an engineering estimate 1212 Process for Repurposing Existing Courts Resolution 2019-49 states: Should the decision be made to eventually relocate the pickleball courts from their current location, adjacent neighbors will be invited to be part of the process of considering alternate uses for the existing courts 13 Questions •What direction does the City Council wish to execute What Next? •What’s Next 13 I T E M: 4.A . C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:C onsent Agenda Description: A pprove Minutes of J uly 25, 2019, Regular Meeting S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the minutes of the regular meeting of J uly 25, 2019. S UM M ARY: T he minutes from the last regular C ity Council meeting are attached for your review and approval. B AC K G RO UND : State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Minutes CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2019 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 25, 2019, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Bernstein, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, and Fire Chief Russell. 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 Hooppaw, seconded by Grendahl, approving the agenda for tonight’s meeting, as presented. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Ms. Leslie Henschel, 15128 Dunbar Boulevard, commented on visible trash in a dumpster bag and the disrepair of a fence surrounding a pool in her neighborhood. The Mayor directed Mr. Nordquist to work with Ms. Henschel. Ms. Julia Thompson, 13557 Gossamer Way, commented on pickleball and encouraged the City Council to extend the permitted hours of play and to reevaluate the need for the fence barrier. 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 Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2019 Page 2 MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of July 11, 2019, as written. Ayes - 4 - Nays - 0 - Abstain - 1 (Hamann-Roland). MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-85 accepting, with thanks, the donation of $400.00 from AAA The Auto Club Group for the Traffic Safety Advisory Committee and Police Department. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Apple Valley American Legion, Post 1776, for use on August 24, 2019, at the American Legion, 14521 Granada Drive, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a new 2019 License to Sell Tobacco and Tobacco Products to Hidalgo Market, Inc., d/b/a Hidalgo Market Bakery, 14851 Granada Avenue, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. o MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-86 directing the City Engineer to prepare plans and specifications for Project 2020-102, Redwood Pond Expansion. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-87 directing the City Engineer to prepare plans and specifications for Project 2020-106, Erickson Park Storm Water Improvements. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for the Erickson Park a Stormwater Improvement Project, as attached to the Natural Resources Coordinator’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-88 approving the feasibility report for Project 2019-108, 2019-109, and 2019-111, Construction of Public Infrastructure Relating to Proposed Menards at Hanson Concrete Redevelopment. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-89 accepting easements for Project 2019-109, 147th Street and Johnny Cake Ridge Road Intersection Improvements. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-90 awarding the agreement for Project 2019-109, 147th Street and Johnny Cake Ridge Road Intersection Improvements, to Ryan Contracting Company, the lowest responsible bidder, in the amount of $2,590,023.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2019 Page 3 MOTION: of Bergman, seconded by Grendahl, approving the Waiver of Objection to Special Assessments with Menards, Inc., for construction of public infrastructure relating to proposed Menards at Hanson Concrete Redevelopment, Project 2019-109, 147th Street and Johnny Cake Ridge Road Intersection Improvements, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated July 25, 2019. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated July 3, 2019, in the amount of $1,641,869.36; and July 10, 2019, in the amount of $2,125,805.63. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA APPEAL OF ZONING ADMINISTRATOR’S RULING FOR 5751 150TH STREET W. Mayor Hamann-Roland introduced this item and noted the comment period for the record is closed. Mr. Dougherty provided a brief history on the appeal by Miller Farms of Lakeville, LLC, of the Zoning Administrator’s ruling that a residential use is not a permitted use of property zoned “BP” (Business Park) for property located at 5751 150th Street W. He noted that a hearing was held on the appeal before the Planning Commission, acting as the Board of Appeals & Adjustments, at its meeting of September 19, 2018. Following the hearing, the Board of Appeals & Adjustments issued its decision, in which it denied the appeal and upheld the Zoning Administrator’s determination. The Board of Appeals & Adjustments approved its written Recommended Findings of Fact and Decision on October 3, 2018. The City Council initially considered the appeal at its regular meeting on November 15, 2018, and at that time the content of the record was closed. Mayor Hamann-Roland said the record is incredibly comprehensive and staff has done an exceptional job of documenting the work that has been done on this item. She also recognized the Board of Appeals & Adjustments for their work. Mayor Hamann-Roland then referred to multiple items listed in the Recommended Findings of Fact and Decision of the Planning Commission, acting as the Board of Appeals & Adjustments, as some of the reasons she would deny the appeal. Councilmember Goodwin commented on the extensive record and on the Planning Commission’s thorough review of this item. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-91, affirming the Board of Appeals & Adjustments Recommended Findings of Fact & Decision relative to property located at 5751 150th Street W. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2019 Page 4 Councilmember Grendahl said she read the whole record and agrees with the documented findings, many of which were cited earlier by the Mayor. She expressed her exasperation with the amount of time the various government entities have put into this item. Councilmember Bergman stated he agrees with the comments from the other Councilmembers and also agrees with the Findings of Fact as recommended by the Board of Appeals & Adjustments. Vote was taken on the motion: Ayes - 5 - Nays - 0. STAFF ITEMS Mayor Hamann-Roland noted that the Council approved a variety of stormwater improvements on the consent agenda and thanked the City’s various partners. Mr. Lawell invited the public to the “Music in Kelley Park” concert series on Friday night from 6:00 p.m. to 9:00 p.m. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 7:26 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:August 8, 2019 S E C T I O N:C onsent Agenda Description: A pprove Change of General Manager in C onnection with Club On-S ale L iquor L icenses at Apple Valley A merican L egion, P ost 1776, 14521 G ranada Drive S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the change in manager for A pple Valley American Legion, Post 1776 , in connection with the On-Sale C lub License and Special License for Sunday Liquor Sales, at 14521 Granada D rive, naming Lisa Ann Leitner as General Manager. S UM M ARY: Apple Valley American Legion, Post 1776, has filed an application for change in manager required in connection with its On-Sale Club License and Special License for Sunday Liquor Sales at 14521 Granada Drive, naming Lisa Ann Leitner as General Manager. T he application is on file, should you wish to review it. A personal information form has been filed and the Police Department has conducted the necessary background investigation indicating nothing to preclude the C lub from continuing to hold its license. B AC K G RO UND : City C ode Section 111.34 provides for C ity C ouncil approval of such changes. B UD G E T I M PAC T: N/A I T E M: 4.C. C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:C onsent Agenda Description: A dopt Resolution S etting Public Hearing on I ssuance of Revenue B onds by Woodbury E conomic Development A uthority, at 7:00 p.m. on A ugust 22, 2019 S taff Contact: Ron Hedberg, F inance Director D epartment / D ivision: F inance Department AC T I O N RE Q UE S T E D: Adopt resolution setting a public hearing on the issuance of Revenue Bonds by the Woodbury Economic Development Authority, at 7:00 p.m. on August 22, 2019. S UM M ARY: T he City C ouncil is asked to call for a public hearing on the issuance of revenue bonds by the Woodbury Economic Development Authority (Woodbury ED A) for the benefit of Goodwill Industries, Inc. to finance the acquisition and renovation of a facility in Woodbury and to refinance financial obligations on the 26,000 square foot facility in Apple Valley. T he financing will be through the Woodbury ED A in a not to exceed amount of $7,300,000. B AC K G RO UND : T he bonds to be issued will be used to: (i) finance the acquisition and renovation of an approximately 20,000 square foot facility located at 9885 Hudson Place in the C ity of Woodbury, Minnesota, to be used and operated by the Borrower as a thrift store for the purpose of funding employment training and education programs; (ii) pay and discharge certain outstanding obligations of the Borrower, and thereby refinance an approximately 26,000 square foot facility located at 7320 153rd Street W. in the C ity, used and operated by the Borrower as a thrift store for the purpose of funding employment training and education programs; (iii) fund required reserves; (iv) pay a portion of the interest on the Notes and (v) pay costs of issuance of the Notes. T he Bonds will be special, limited obligations of the Woodbury ED A, and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof. No holder of any Bonds will ever have the right to compel any exercise of the taxing power of the City of A pple Valley to pay the Bonds or the interest thereon, nor to enforce payment against any property of the City of A pple Valley. T he Notes are to be payable solely from revenues and security provided by the Borrower to the Woodbury ED A and pledged to the payment of the Notes. T hese revenue bonds are not an obligation of the C ity of Apple Valley, will not be issued as conduit debt through the C ity of Apple Valley and the issue does not count against our debt limit or in anyway is the C ity responsible for their repayment. B UD G E T I M PAC T: T he bond issue will not have a budget impact to the C ity of Apple Valley. AT TAC HM E NT S: R esolution 1 604431v2WD175-2 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA HELD AUGUST 8, 2019 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Apple Valley, Dakota County, Minnesota, was duly called and held on the 8th day of August, 2019, at 7:00 p.m. The following members of the Council were present: and the following were absent: Member _____________ introduced the following resolution and moved its adoption: CITY OF APPLE VALLEY, MINNESOTA RESOLUTION NO. 2019-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, MINNESOTA ESTABLISHING A DATE FOR A PUBLIC HEARING REGARDING THE ISSUANCE OF REVENUE OBLIGATIONS BY THE WOODBURY ECONOMIC DEVELOPMENT AUTHORITY FOR THE BENEFIT OF GOODWILL INDUSTRIES, INC. WHEREAS, Goodwill Industries, Inc., a Minnesota nonprofit corporation (the “Borrower”), has requested that the Woodbury Economic Development Authority (the “Woodbury EDA”) issue revenue obligations, in one or more series, as taxable or tax-exempt obligations (the “Notes”), in an aggregate principal amount not to exceed $7,300,000, the proceeds of which the Borrower proposes to apply to the following purposes (collectively, the “Project”): (i) the financing of the acquisition and renovation of an approximately 20,000 square foot facility located at 9885 Hudson Place in the City of Woodbury, Minnesota (the “Woodbury Facility”), to be used and operated by the Borrower as a retail store for the purpose of funding employment training and education programs; (ii) the payment and discharge of certain outstanding obligations of the Borrower, thereby refinancing an approximately 26,000 square foot facility located at 7320 153rd Street W. in the City of Apple Valley, Minnesota (the “City”), owned, used and operated by the Borrower as a retail store for the purpose of funding employment training and education programs; and WHEREAS, the Woodbury Facility is legally owned by GW Restaurant Holdings, LLC, a Minnesota limited liability company, the sole member of which is the Borrower, and will be leased to and operated by the Borrower; and WHEREAS, the Notes or a portion thereof will be “private activity bonds” and “qualified 501(c)(3) bonds” for purposes of the Internal Revenue Code of 1986, as amended (the “Code”); and 2 604431v2WD175-2 WHEREAS, pursuant to Section 147(f) of the Code, each governmental unit having jurisdiction over the area in which any facility which is to be financed with tax-exempt bonds must approve such bonds by the “applicable elected representative” of the governmental unit after a public hearing following reasonable public notice; and WHEREAS, the members of the City Council of the City (the “City Council”) are the applicable elected representatives of the City; and WHEREAS, reasonable public notice is notice that is given no fewer than seven (7) days before the public hearing, in the form and manner required by Section 147(f) of the Code and applicable regulations, including by publication in a newspaper of general circulation available to residents of the City; and WHEREAS, the Borrower has requested that the City Council hold a public hearing regarding the financing and refinancing of the Project and the issuance of the Notes by the Woodbury EDA in order to satisfy the public approval requirement of Section 147(f) of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, MINNESOTA AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. A public hearing regarding the financing and refinancing of the Project and the issuance of the Notes by the Woodbury EDA for purposes of satisfying the requirements of Section 147(f) of the Code will be held by the City Council on August 22, 2019, at 7:00 pm. Section 3. The City Clerk of the City is hereby authorized and directed to cause notice of such public hearing to be published in a newspaper of general circulation in the City not fewer than seven (7) days prior to such hearing. [Remainder of Page Intentionally Left Blank] 3 604431v2WD175-2 ADOPTED by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the 8th day of August, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Said motion was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly adopted. A-1 604431v2WD175-2 EXHIBIT A FORM OF NOTICE OF PUBLIC HEARING CITY OF APPLE VALLEY, MINNESOTA NOTICE OF A PUBLIC HEARING TO BE CONDUCTED BY THE CITY OF APPLE VALLEY WITH RESPECT TO THE ISSUANCE OF REVENUE OBLIGATIONS BY THE WOODBURY ECONOMIC DEVELOPMENT AUTHORITY NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Minnesota (the “City”), will hold a public hearing on Thursday, August 22, 2019 at or after 7:00 p.m. at the Municipal Center, located at 7100 147th Street W. in the City, to consider a proposal that the City grant host city approval to the issuance of one or more series of revenue obligations (the “Notes”) in the maximum aggregate principal amount of $7,300,000 by the Woodbury Economic Development Authority (the “Woodbury EDA”) under Minnesota Statutes, Sections 469.152 through 469.1655, as amended, and Minnesota Statutes, Section 471.656, as amended, for the benefit of Goodwill Industries, Inc., a Minnesota nonprofit corporation (the “Borrower”). The Borrower intends to apply the proceeds of the Notes to (i) finance the acquisition and renovation of an approximately 20,000 square foot facility located at 9885 Hudson Place in the City of Woodbury, Minnesota, to be used and operated by the Borrower as a thrift store for the purpose of funding employment training and education programs; (ii) pay and discharge certain outstanding obligations of the Borrower, and thereby refinance an approximately 26,000 square foot facility located at 7320 153rd Street W. in the City, used and operated by the Borrower as a thrift store for the purpose of funding employment training and education programs; (iii) fund required reserves; (iv) pay a portion of the interest on the Notes and (v) pay costs of issuance of the Notes. The Bonds will be special, limited obligations of the Woodbury EDA, and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof. No holder of any Bonds will ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment against any property of the City. The Notes are to be payable solely from revenues and security provided by the Borrower to the Woodbury EDA and pledged to the payment of the Notes. Before issuing the Notes, the Woodbury EDA will enter into an agreement with the Borrower, whereby the Borrower will be obligated to make payments at least sufficient at all times to pay the principal of and interest on the Notes when due. This notice is intended to comply with the public notice requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. All interested parties are invited to attend and present comments at the public hearing regarding the issuance of the Notes and the financing and refinancing of the Project. Dated: [Date of Publication] I T E M: 4.D. C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:C onsent Agenda Description: A dopt Resolution Accepting E asements for Project 2019-109, 147th S treet and J ohnny Cake Ridge Road I ntersection I mprovements S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution accepting easements for Project 2019-109, 147th Street and J ohnny C ake Ridge Road Intersection Improvements. S UM M ARY: In order for the project to occur, including relocating the Great River Energy Transmission line along the west side of J ohnny C ake Ridge Road, it was necessary to obtain a temporary grading construction easement from one (1) impacted property (Scannell) at the SE corner of 147th Street & J ohnny C ake Ridge Road. B AC K G RO UND : In 2017, the C ity received a $250,000 Redevelopment Incentive G rant (RIG) from the Dakota County Community Development Agency (C D A ), which will be used for the 147th Street and J ohnny Cake Ridge Road intersection improvements associated with the agreement. T he grant agreement requires that the funds be spent by November 2019. At the November 15, 2018, C ity Council approved the following items as they relate to the redevelopment of the Hanson Property: 1. Approve Preliminary Plan Development Agreement with Menards, Inc. 2. Approve Design Agreement with Menards, Inc., for Design Services of Public Infrastructure 3. Adopt Resolution Approving Re-designation of Lot 1, Block 1, Menards at Hanson Concrete Preliminary Plat from “IN D” (Industrial) to “C” (C ommercial) on 2030 Comprehensive Plan Land Use Map 4. Pass Ordinance Rezoning Lots 1 and 2, Block 1, and Outlots A-D, Menards at Hanson Concrete, Preliminary Plat from “I-2” (General Industrial) to “PD ” (Planned Development) 5. Pass Planned Development O rdinance Codifying the Uses, Performance Standards, and Area Requirements for the Planned Development (Recommend waiving second reading) 6. Adopt Resolution Approving Preliminary Plat 7. Adopt Resolution Approving Site Plan/Building Permit Authorization to Allow for Construction of 206,209-Sq. Ft. Menards Store and 48,970-Sq. Ft. Warehouse on Lot 1, Block 1, Menards at Hanson C oncrete On May 9, 2019, City Council Approved Waiver of Objection to Special Assessments with Menards, Inc. for Construction of Public Infrastructure Relating to the Proposed Menards at Hanson Concrete Redevelopment. On May 9, 2019, C ity Council Approved Advance Purchase of Traffic Signal Controller Cabinet and C ontroller Unit in the amount of $26,945.90 from Traffic Control C orporation, contingent on execution of Waiver of Objection to Special Assessments with Menards, Inc., for construction of public infrastructure relating to the proposed Menards at Hanson Concrete Redevelopment Public Improvements, C ity Project N umber 2019-109. On May 9, 2019, C ity Council Approved A dvance Purchase of Traffic Signal System Materials and Electrical Equipment in the amount of $63,441.00 from Millerbend Manufacturing, contingent on execution of Waiver of Objection to Special Assessments with Menards, Inc., for construction of public infrastructure relating to the proposed Menards at Hanson Concrete Redevelopment Public Improvements, C ity Project Number 2019-109. On J une 13, 2019, C ity Council adopted resolution 2019-79, Approving Plans and Specifications and Directing Receipt of sealed bids for Project 2019-109, 147th Street and J ohnny Cake Ridge Road Intersection Improvements. On J uly 25, 2019, City Council adopted resolution 2019-89, Accepting Easements for C ity Project 2019-109, 147th Street and J ohnny C ake Ridge Road Intersection Improvements. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Agreement R esolution TEMPORARY GRADING EASEMENT Apple Valley, Minnesota This TEMPORARY GRADING EASEMENT (this "Agreement"), is made effective as of July_, 2019 (the "Effective Date"), by and between Scannell Properties #281 , LLC, a Minnesota limited liability company ("Grantor"), having a mailing address of 880 I River Crossing Blvd, Suite 300, Indianapolis, IN 46240, and the City of Apple Valley, a Minnesota municipal corporation ("Grantee"), having a mailing address of 7100 14 7th Street West, Apple Valley, MN 55124; collectively the "Parties". WHEREAS , Grantor is the owner of that certain real property located in the City of Apple Valley, Dakota County, Minnesota, legally described on Exhibit A attached hereto (the "Grantor Property"); WHEREAS, Grantee is the owner of that certain real property adjacent to the Grantor Property, commonly known as Johnny Cake Ridge Road (the "Grantee Property"); and WHEREAS , Grantor has agreed to grant to Grantee a temporary easement for activities related to the construction and development of the Grantee Property over a certain portion of the Grantor Property, which portion is legally described on Exhibit Band depicted on Exhibit C attached hereto (the "Easement Area"). NOW, THEREFORE, for good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the Grantor and Grantee agree as follows: ARTICLE ONE GRADING EASEMENT 1.01 Recitals. The Parties hereby affirm the above Recital s as true, and are hereby incorporated into this Agreement by reference . 1.02 Temporary Grading Construction Easement. Grantor hereby grants to Grantee and Grantee's employees , agents , consultants, and contractors a non-exclusive easement over, upon , across, within and under the Easement Area for purposes of making cuts, fill s and grading, planting grass seed or sod, providing working room , and implementing all other reasonable construction items for the construction of the improvements to be constructed on the Grantee Property, together with the right of ingress and egress over and through adjoining land as may be rea so nabl y necessary to access the Ease ment Area (the "Easement"). The easement rights conveyed hereb y shall be exercised in accordance with all applicable laws . 1.03 Termination of the Grading Easement. This temporary Grading Easement shall expire twelve ( 12) months from the Effective Date and upon s uch expiration s hall be void and of no further force and effect without any further action by the parties . Temporary Construction Easement ARTICLE TWO MISCELLANEOUS 2.01 Covenants Running with the Land. All of the provisions of this Agreement are intended to be , and shall be construed as, covenants running with the land and shall be binding upon , inure to the benefit of, and be enforceable by the parties hereto and their respective lessees , transferees , successors and assigns . 2.02 No Dedication. Nothing contained in this Agreement will be deemed to be a gift or dedication of any portion of the Gran tor Property to the general public. 2.03 No Joint Venture. Nothing contained in this Agreement shall be construed to make the Parties hereto , or their successors and assigns , partners or joining ventures or to render any of said Parties liable for the debts or ob li gations of the other, except as in this Agreement expressly provided . 2.04 Headings. The section and any subsection headings herein are for convenience and reference only and in no way define or limit the scope and content of this Agreement or in any way affect its provisions . 2.05 Severability. If any provisions or portions thereof of thi s Agreement, or the application thereof to any person or circumstance shall , to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such provision , or portion thereof, to any other persons or circumstances shall be valid and enforceable to the fulle st extent permitted by law. 2.06 Amendments to be in Writing. No amendment shall be effective to add to , change, modify, waive or discharge this Agreement, in whole or in part, unless such amendment is in writing and signed by the party to be bound . 2.07 Corporate Authority. Each person executing this Agreement represents and warrants that he or she is fully authorized to execute and deliver this Agreement as a binding obligation of the party for whom he or she is executing this Agreement. 2.08 Release. Grantee , by its acceptance of this Agreement and in further consideration thereof, does hereby release, indemnify, defend and protect Granter and hold Granter harmless from any and all los s, cost, damage, expense and/or liability incurred in connection with or arising from Grantee 's or Grantee 's contractors' and agents ' exercise of Grantee 's rights under this Easement, including without limitation Grantee 's presence on the Granter Property . This indemnification shall survive the expiration or sooner termination of the Easement and shall not be limited by reason of any insurance carried by Grantee or Grantor . [Signatures on Following Pages] Temporary Construction Easement TEMPORARY GRADING EASEMENT [Signature Page I of 2] In witness whereof, the undersigned has caused this Temporary Grading Easement to be executed as of the date set forth above . GRANTEE: STATE OF MfNNESOTA ) ) ss COUNTY OF DA KOT A ) The City of Apple Valley By:------------ Name: Mary Hamann-Roland Title : Mayor By:------------ Name : Pamela J. Gackstetter Title: C lerk This instrument was acknowledged before me on ________ , 2019, by Mary Hamann-Roland , the Mayor of the City of Apple Valley and Pamela J. Gackstetter, the Clerk of the City of Apple Valley . Print Name: --------------Notary Public in and for said My Appointment Expires : County and State Temporary Construction Easement TEMPORARY GRADING EASEMENT [Signature Page 2 of 2] GRANTOR: State of Indiana County of Marion ) )ss. ) Sca nn e ll P rope rti es #281, LLC By: Marc Pfleging Its: Manager On this the /1 ~ay of .,........~~~-~ 2019 , before me a Notary Public within and for said County and State, personally app ed Marc Pfleging, to me personally known, who, being by me duly sworn , did say that he is the Manager of Scannell Properties #281 , LLC, the limited liability company named in the foregoing instrument, and that the instrument was signed on behalf of the limited liability company by authority of its Members acknowledged the instrument to be the free act and deed of the limited liability company. SHANNON PARKHURST NOT ARY PUBLIC -OFFICIAL SEAL State of Indiana, Marion County My comm . Expires December 28. 2019 THIS INSTRUMENT DRAFTED BY : Josh Melder, Senior Counsel Menard , Inc. -Properties Division 5101 Menard Drive, Eau C laire , WI 54703 f)!LCLV I Ov\. County, ~-,l' CL"'-~ My Commission Expires : & l..,.e.-V\.-<--~ ;,__ c2<o , :;)__o I ~ 4 EXHIBIT A LEGAL DESCRIPTION -GRANTOR PROPERTY Section 26 Township 115 Range 20 A parcel of land located in the East ½, of the Southwest ¼, of Section 26 , Township 115, Range 20 , Dakota County, Minnesota, more particularly described as follows: Commencing at the South quarter comer of said Section 26; thence North 00 degrees 05 minutes 3 1 seconds East along the east line of said East ½ of the Southwest ¼ a distance of 1586. l 0 feet to the point of beginning; thence South 87 degrees 58 minutes 20 seconds West a distance of 829 .80 feet ; thence South 01 degrees 30 minutes 02 seconds West a distance of 130 .74 feet ; thence North 88 degrees 07 minutes 51 seconds West a distance of 186.54 feet ; thence North 07 degrees 15 minutes 43 seconds East a distance of 67 .83 feet ; thence North 62 degrees 51 minutes 56 seconds East a distance of 78.22 feet ; thence North 12 degrees l 0 minutes 10 seconds East a distance of 420.37 feet to the centerline of an Easement Acquisition Agreement ; thence along said centerline 197 .38 feet along the arc of a curve concave southerly having a radius of 2045 feet , bearing North 87 degrees 05 minutes 07 seconds East chord distance of 197 .30 ; thence along said centerline North 89 degrees 51 minutes 0 1 seconds East a distance of 655.87 feet to the east line of the said East ½ of the Southwest ¼; thence South 00 degrees 05 minutes 31 seconds West along the said east line of the East ½ of the Southwest ¼ a distance of 371.66 feet to the point of beginning there terminating. Exh A-I EXHIBIT B LEGAL DESCRIPTION -EASEMENT AREA PROPOSED TEMPORARY EASEMENT The West 30 feet of the East 97 feet South of the North 50 feet of the property described in Exhibit A above . Exh C-1 EXHIBIT C DEPICTION OF TEMPORARY EASEMENT AREA [SEE ATTACHED] i - ~ ;; ! I r-:-7 ~ \ \ = -,------------------------------------------------------------ -:·-.-;:-~-.--:--.--:--.-;:-.-.-. -.-:·:-.--:--.--;--;-;--:-;-:--:-:--:-.--.-.-. -.-. -.-.-. -.-.-.-.-. -.-. -~-;--;-,--;--.--;-c,---c-, -,-,-,c-c-, ---c,---c-, -c,-c,---c-, -,-,-,c-c-, ---c,---c-, --c,·-.c-c-, ---c,---c-, -c,-c,---c-, --c,-,c-c-,-c,---c-, --c,-c,c-c-. ---c,-,,--,-,-c,---c-, -,-,-,,--,,· ---c,---c-. --,,-,,----,-, "C,-,,--,-,-c,---,-, --,,-,,,--,--, -,-,---,-, "7,-c,---,-, "C,"C,,--,--, -c.---,-, "7,--s,c-,-. ---,-, I<t:::r::::u:::tt:::::utrrt:<:::<j><<<J<<<<>>><t>::tt<<<(:::)\>:<<<<<<<<<<<<<<•: < , , , , , , , • , , o o, , , o , , , , , , o , , o • o • • • • • o • , • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ' ••I l l• ::J L..-1 t i-I '.:: '. '.:: '.:: '.: '. '. '. '. '. '. '. '. '. '.: '. '.:::: '. '.: '.::::::: '. '.: '.::::: '.: '.:::::: '.: '.: '. '. '.: '. ~'.: '.: '.: '.: '.: '.::::: '.::: '.: '.: '.: '.: '.: '. '.::::: '. '. '. '. '. '. '. '. '. '. '. '. '.: '. '. '.: '. '.:: '. '. '. '.: '. '. '.: '. '. '.: '. '. '. '. '. '. '. '. '. '.i '. '.'.·~:I -;=--;!!_!;-ll '=ll=I IEl11-11c;,1IRIFJl =1 I -11El11-;lll=ll 1=1 1 · ... 101 102 103 104 105 106 107 108 ~ BEGIN PR~J~~T JCCR STATION 100•93 11 -,..... [) ---~ t -----11=11 IIRI • ~ .1-'-e~ .· -----------------------1 ----'=='===,====;-==~i'~I ·~1 /~·.1,;.";J LEGEND 6° TOPSOIL ANO SEED MIXTURE MNDOT 25 ,131 FERTILIZER TYPE 3 (22-5-10 ANALYSIS) EROSION CONTROL BLANl<ET (C ATEGORY JN) 6" TOPSOIL ANO SOD TYPE LAv.lN FERTILIZER TYPE J {22•5-10 ANALYSIS) 0 ... 5995 INLET PROTECTION DRAIN AGE DIRECTION CONSTRUCTION LIMITS SEDIM ENT CONTROL LOGS Ir: 5920 I p • .I ! JOHNNY CAKE RIDGE ROAD I I I \ \ \ [_,_ I : \ \ \ • ............................. . 109 i :~:~,~:.~:~;a,~,-;:~,_;::~;c,,:~.:~:.~:~~~::~:,:::'~~?~~ i ~~~ ~ ~ -......_~ .. \ \ \ ~ 109 110 111 112 113 114 I r ... ·, -, .. --\ ·- I ··t ... ~:, .. \ \ \ ..,, f ; 1~1 l ik-11 lt:::::I r~1 1 11-111-1 1-1 0 IEI .jl+-1 It-I ~-~"4 ·~ ~ ( -•~· \ \ \ w A~lley IHllll.,nt5TW ~Pl'lEOJ.LU,lt.U!14 ~t E~ • s1 ~1 " m 'i i ~ ~ ~.i ~ II~ , .. 11! ;;ii "" " !U i i ~ ~ ~ :,: ~ z ~ ~ s Q. !: >-0 z z Vl 0 UJ w ~ :i; z :,: z U) i: 0: :::; ~ Ill z <( >-' ->-a~ (I) w < 0 UJ ....J o,.;, u.. ....J 0: 0 a: <i: 8:li ~ > w a:~ 0 z ....J !:ii'Ji <( Cl.. Cl.. 5 ...J <i: >-0 z a: LL. z >- 0 ,: z Q 0 t D u z z u < 0 ~ iii 0 0: a: t;; UJ ,: ~ NO REVISION "'" f I • . • :~~a ~ t l.__ __________________ 5_9_25 ____________________ ......... [ ................ _________________________ ..... t \ \ \ . C2 03 I ' ' 8 ~ <O .... 0 <O .... "' O E.\HOll ~DP\~-- 0 <O a, 0 <O a, "' <O <O 0 <O .... 0 8 0 <O a, 0 <O a, "' <O <O 0 m X in --< z G> :n 0 :; --< m "' .,, 0 :n )> :n -< G> :n )> 0 z G> m )> en m "' m z --< ::: <O .... 0 ...... 0 E,, \1111 13 & ?\N13<1 0 ~~----------~ <O .... 0 <O .... "' CITY OF APPLE VALLEY, MINNESOTA 147TH STREET AND JOHNNY CAKE RJDGE ROAD INTERSECTION IMPROVEMENTS SAP 186-103-018 CROSS SEC TI ONS <O .... 0 <O .... "' <O .... "' <O a, 0 <O a, 0 7 I <O a, "' m X in --< z G> :n 0 :; --< m "' .,, 0 ~ :n -< G> ~ 0 z G> m )> en m "' m z --< @• A~lley EXISTING ROW 11n1•11i,,n w 990 990 u.\.l YA.Ul,l!I UII• ----985 1 985 980 980 975 975 ~1· !,! 970 .. 970 -110 .,oo .90 ·20 .,o 0 " 20 JO " 50 60 10 112+00 ~ z TEM PORARY GRADING EASEMENT ~ i5 EXISTING ROW ~ g: ! 990 990 0 z Vl 0 UJ ~ z z :Q 985 ----l 985 :E: ~ :!: VI >-' z 0~ 0 UJ ~~ G _J 980 980 _J <( 8i ~ > --VI UJ a:~ VI 975 _J ~ < 0 975 a. " V, a: a. 6 u <( > u... z z 970 70970 0 :,: ·110 .,oo .90 -80 .70 .. , .50 .. , ·JO ·20 .,o 0 " 20 JO 50 " t g l 111+75 @ ~ TEMPORARY GRADING EASEMENT u < ~ ~ "' EXISTING ROW I;; ~ :,: f 990 990 ~ ~ ~ -I '-'-NO RfVJ SION ""' 985 -----'-985 '-r ---I ,, ,__ 980 980 i i l i J 975 975 =1· ! !! l 970 .. 970 -110 .,oo .90 -80 -10 ·60 .50 .. , .JO .,o 0 " 20 JO " 50 60 10 I 111+50 C9 .15 "' "' "' "' "' --a, a, "' --~ ~ ~ ~ ~ 0 o~_-"' ___ o ___ "'~--"' --0 u, 0 u, 0 c o 1') E,,'N,1 8 i o P,iii"ie--- ,"---• I 8 I 8 I I il ~ ~ I m ,,. u, I m ~ m <: I X m I w z -< -< I z C, ~ I "' 0 :;; ~ CITY OF APPLE VALLEY, MINNESOTA 147TH STREET AND JOHNNY CAKE RIDGE RO AD INTERSECTION IMPROVEMENTS SAP 186·103·018 CROSS SECTIO NS "' "' "' --a, a, u, 0 u, I .\ I I "' "' 0 "' "' 0 m X w -< z C, "' 0 :;; z C, m ,,. u, m <: m z -< TEMPORARY GRADING EASEMENT J ·it ·A~lley 9901 ~'',,~ 1990 .~:a:..:::!'.'::~114 I ;fl ul ' ... T 985 985 "' _.~ .. ~1 980 I --a D I 980 I 975 I I I 975 ·1· !1! 970 .. 970 ·110 ·100 .,o .70 ·IO .50 ... .,o ·10 D JO .. 50 10 I 1~ ------113+25 as ~ EXISTING ROW J I > 0 < g: I-:,: 990 990 0;; ~ V) 0 '-,,! ~ § ----'-' ,, ; ~-z"' 985 I ii .... " 985 ::EI':' z (/) >-... ~ z 0 I lJ.J " .= ' _, 0 980 I 980 _, " I.) I < w w I > 8 (/) (/) I I lJ.J °' (/) 975 I I 975 _, w 0 t r +-c.. "' a: i·~ ' I c.. 11 I.) I I < • .,::, LL z z 970 .. 970 0 :,: ~, .50 ,. .30 ·20 ·10 D 20 JO .. 50 " 10 0 -110 ·100 .90 .. , ·10 t §) I 113+00 • TEMPORARY GRADING EASEMENT u " 8 i " -EXISTING ROW t;; ~ :,: l 990 990 ~ '\ _,., -~ 11 985 r-~---~---~ __ -Ui ' -' I 985 INO.fRE.VISJOfl """ .. ,_""'--""1_1 f -t . ., I I I"' l I ~ t ·1· ! I 975 975 !4! I 970 i:1111. 970 110 ·100 .,o ·IO .70 .. , .50 .30 ·20 10 0 10 20 JO .. 50 OD 10 I 112+92 85 s I C9.17 ! "' .... 0 0 8 i: ~ i: "' .... 0 ~ "' .... u, "' co 0 "' co 0 I , "' co u, "' co u, I I I I "' "' 0 "' "' 0 .... m "' ,, 0 "' > "' -< G> ~ 0 z G> m > u, m "' m z .... i: "' .... 0 ~ ~ "' .... u, "' co 0 CE>\._~---- P \~'5 "' .... u, "' co 0 "' co u, "' co u, i: ~ ~ ~ ~ 0 E>\N35 "' co 0 r1 ~ c~Mi'ii"-,- ~ ~ ~ g ~ "' "' .... co u, 0 n i H >-+-+--,H--+-<--+-......, 6 .1 CITY OF APPLE VAL LEY, MINNESOTA Q ~ 0 0 0 i --,14""7"'rn=sT"'R""EET=A""No=-i"'o"'H""NN"'Y"'CA=KE"'R"'IDG=E-=R-=-o A"'D,...,I""NT:,E,,-RS"'E"'CTJ=o"'N.,.,I"'M""PR"'o"'v"'EM"E"'NT"'s,-~ i SAP 186-103-01 8 ~ CROSS SEC TI ONS "' co u, \~- i i I I I I I ~ ~ "' g: "' "' 0 "' "' 0 CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION ACCEPTING EASEMENTS FOR CITY PROJECT 2019-109, 147TH STREET AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTS 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 easement 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 temporary grading construction easement dated July 17, 2019, from Scannell Properties #281, LLC., in consideration of the sum of One Dollar ($1.00). 2. No other goods or services were provided by the City of Apple Valley in consideration of said easements. ADOPTED this 8th day of August, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.E . C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:C onsent Agenda Description: A pprove Change Order No. 1 to Agreement with Pember C ompanies, I nc., f or P roject 2019-121, 2019 L ebanon Cemetery Boundary F ence S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Approve Change Order No. 1 to the agreement with Pember C ompanies, Inc., for Project 2019-121, Lebanon C emetery Boundary Fence, by adding the amount of $18,033.60. S UM M ARY: Attached for consideration is C hange O rder No. 1 that addresses the Owner requested changes to the construction documents. A brief description of the change order is as follows: T he change order addresses the additional work and material cost associated with: 1. T he owner directed addition of a gate along the Pilot Knob driveway access. 2. Surplus attic stock materials for repair of the fence and columns (matching brick and precast materials). 3. Changes to the quantity of material in the following: removal of sod, decorative metal fence, and decorative metal landscape edger. T he total is $18,033.60. T he cost associated with this change reflects fair market value for the work and materials. B AC K G RO UND : On April 28, 2011, C ity Council accepted the update to the Master Plan for the Lebanon Cemetery of Apple 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 County 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 C ounty Road 42 (Project 2017-135). City C ouncil adopted Resolution 2017-205 on December 14, 2017, directing the preparation of plans and specifications for Project 2018-109, Lebanon Cemetery Boundary Fence. On J une 14, 2018, C ity C ouncil rejected bids, Resolution 2018-81, for Project 2018-109, Lebanon C emetery Boundary Fence, because the bids came in higher than estimated and was not beneficial to the City. Internal Roadways were improved and new access was constructed as part of the 2018-110 C ity Project in lieu of constructing fence due to favorable roadway bid results. City C ouncil adopted Resolution 2019-17 on February 14, 2019, approving plans and specifications and directing receipt of sealed bids for Project 2019-121, Lebanon Cemetery Boundary Fence. On March 28, 2019, the C ity C ouncil adopted Resolution 2019-46, awarding agreement for Project 2019-121, Lebanon Cemetery Boundary Fence. T he C ity of Apple Valley 2019 operating budget identifies the extension of the existing decorative fence and brick pillars along Pilot Knob Road and C ounty Road 42. B UD G E T I M PAC T: T he Operating Budget for 2021 indicates C apital O utlay improvements of $15,000.00 for a gate along Pilot Knob. T his is being proposed as part of 2019 improvements. Project costs and funding included in the adopted 2019 operating budget are summarized as follows: Estimated Project C osts: Estimated C osts Awarded C osts Construction C ost $ 272,682.00 $ 260,924.40 Contingency 13,634.00 7,358.00 Change Order No. 1 18,033.60 Engineering & C onstruction A dmin.18,684.00 18,684.00 Total Estimated C ost $ 305,000.00 $ 305,000.00 Estimated Project Funding Cemetery Fund $ 305,000.00 $ 305,000.00 Total Estimated Funding $ 305,000.00 $ 305,000.00 AT TAC HM E NT S: C hange Order D ocument(s) I T E M: 4.F. C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:C onsent Agenda Description: A pprove Change Order No. 4 to Agreement with Mueller S ystems, L L C, for Project 2016-101, Water Meter R eplacement S taff Contact: Ron Hedberg, F inance Director D epartment / D ivision: F inance Department AC T I O N RE Q UE S T E D: Approve C hange Order N o. 4 to Agreement with Mueller Systems, LLC , for Project 2016- 101, Water Meter Replacement for the additional amount of $70,875. S UM M ARY: T his change order provides for the implementation of a customer portal offered by WaterSmart through Mueller Systems, LLC , as part of the water meter replacement program. T he customer portal will provide our customers with the information to manage their water use and receive alerts on unusual patterns. T he C ity is currently in the process of replacing all customer water meters and also the installation of an Advanced Metering Infrastructure (A MI) to obtain meter readings remotely on a daily basis. T he installed meters report consumption data to the Mueller meter data management system. Staff reviewed four different customer portal solutions and are recommending the WaterSmart system because of the enhanced features that it offers to our customers and our own staff. T he main improvement in the customer experience is the ability for customers to set alert thresholds unique to their own property. By obtaining the WaterSmart portal through Mueller Systems we can avoid a $10,000 annual fee that would have been charged for the interface into the Mueller System databases. T here are a number of benefits of an A MI system including on demand meter readings and having daily meter readings including hourly consumption history. T his change order adds the WaterSmart C ustomer Portal whereby customers can view their consumption history data and sign up for various alerts. T he customer portal has alerts that our customers can choose to enroll in, including leak detection (continuous use) at various thresholds that the customer can set for their own accounts, rather than relying on a global threshold that is the same for all customers. Under our current quarterly billing system, our customers are not aware of unusual use until they receive their bill, which could be up to 90 days after the leak has occurred. T he WaterSmart portal will provide customers the ability to be notified if there is continuous use for over 3 days or immediately if there is an large leak (i.e., use that exceeds twice their typical use). Attached is some marketing material from WaterSmart that highlights the features available in their system. B AC K G RO UND : On August 24, 2017, the C ity C ouncil approved an agreement with Mueller Systems, LLC , for the water meter replacement project to include A MI (Advanced Metering Infrastructure). On J uly 26, 2018, the C ity C ouncil approved change Order No. 1 to address meter type changes for the additional amount of $116,835.90. On May 23, 2019, the City Council approved change Order No. 2 to address non- compliance requests for the additional amount of $116,835.90. On J uly 11, 2019, the City Council approved change Order No. 3 to extend the project completion date, with no addition to cost. B UD G E T I M PAC T: T he 2019 A dopted Budget included $45,000 for implementation and the first year of licensing. It is proposed that the maximum potential amounts ($70,875) less the $45,000 budgeted, or $25,875, be applied to the overall project contingency included in the original project costs. T he meter replacement project is included in the Public Works C IP and Water Fund Utility operating Budget. P roject Cost 2016-101 5310.6735 Mueller Systems, L L C B id P roposal Project C ost: Mueller Systems, LLC Bid Proposal $4,268,854.00 Consultant Services (not to exceed) 150,000.00 Contingency 415,000.00 Total Project Cost $ 4,843,854.00 Project C ontingency: Contingency $ 415,000.00 Change Order No. 1 (116,835.90) Change Order No. 2 ( 5,883.00) Change Order No. 3 -0- Change Order No. 4 (25,875.00) Remaining Contingency 276,406.10 AT TAC HM E NT S: Background Material C hange Order D ocument(s) ALERTS AND NOTIFICATIONS Send leak alerts and customer- defined high use notifications WAYS TO SAVE Offer personalized, step-by-step water actions ADDITIONAL USER PERMISSIONS Primary account holders can enable access for additional users WaterSmart empowers water utility customers to better understand and manage their water use and bills with a state-of-the-art digital experience that increases customer satisfaction, lowers cost of service, and builds support for long-term system improvements. Give Your Customers More M O R E > Our results 50% OF PORTAL USERS WITH LEAKS COMPLETE SELF-SERVICE RESOLUTION ! ! LEAKS DETECTED What Customers Get WATER USE INFORMATION Display hourly use1, share of indoor and outdoor water use, and how it compares to similar households BILLING Explain water bills and make it easy to pay MULTI-CHANNEL COMMUNICATIONS Provide customer-defined communications choices (text, email, voice) PAY BILL $162.54 1 In utilities with smart meter infrastructure ADD USER Our results 50% OF PORTAL USERS WITH LEAKS COMPLETE SELF-SERVICE RESOLUTION SUCCESS STORIES With 3 million meters under management from 50 utility partners, here’s what some of their customers have to say LEAK ALERTS “ I discovered a ... pinhole leak that must have been leaking for a few weeks. My whole underhouse crawl space had up to a foot of water. This discovery was a result of your email showing our massive water usage. Thank you.” Customer, Irvine Ranch Water District WATER USE INFORMATION “ I love the new real time water usage information. It has enough detail to allow me to carefully analyze my water usage ... It motivates changes in behavior. I’ve told all of my friends about it.” Customer, Park City EASE OF USE “ Tremendous program. Easy to navigate and truly informative. Information provided makes goal setting a snap. Many thanks” Customer, Rincon Del Diablo Municipal Water District SELECT UTILITY PARTNERS East Bay Municipal Utility District (EBMUD) Fort Collins, CO Irvine Ranch Water District, CA Los Angeles Department of Water & Power Medford, MA Park City, UT San Antonio Water System San Jose Water Company Scottsdale, AZ Sharon, MA Village of Glenview, IL West Palm Beach, FL AFFILIATIONS B Corporation American Water Works Association Association of California Water Agencies Colorado Water Wise National Association of Water Companies Smart Approved WaterMark Take Care of Texas Texas Water Foundation AWARDS 2016 World Economic Forum Technology Pioneer 2016 GovTech 100 2015 B Corp Best for the Environment 2015 EBJ Business Achievement Award Artemis 2012 Top 50 Water Tech Global CleanTech 100 2013 SXSW CleanWeb Eco AlwaysOn 2012 Going Green: Silicon Valley Global 200 Owner: City of Apple Valley, 7100 147th St. W., Apple Valley, MN 55124 Date July 25, 2019 Contractor: Mueller Systems, LLC, 1200 Abernathy Road, NE Suite 1200, Atlanta, GA 30328 Contact: Keith Adkins 218.866.0637 Bond Company: RLI Insurance Company Bond No: CMS0325485 Description of Work Estimated Contract Unit Total No. Item Unit Quantity Price Amount MS-T-WS-IMP-20K One time setup fee for WaterSmart Consumer Portal 1 $7,500.00 $7,500.00 MSW-S-PH-WS-20K Yearly Consumer Portal fee (5 year term)16000 $2.00 $32,000.00 MSW-S-PH-WS-SINGLE Single Sign on (for Bill payment in Invoice Cloud) yearly fee 1 $5,500.00 $5,500.00 MSW-T-WS-IMP-TRAIN Onsite Training per day 1 $3,600.00 $3,600.00 Subtotal Before Optional Items $48,600.00 MSW-S-PH-WS-ALERT OPTIONAL- WaterSmart Customer Print Leak alerts Blocks of 1,500 9 $2,475.00 $22,275.00 TOTAL CHANGE ORDER NO. 1 $70,875.00 Hardware Changes: None Software Additions: WaterSmart Software described in this change order and Statement of Work attached. Attchments: ∙ Software As a Service Provisions ∙ Statement of Work between Mueller and WaterSmart City of Apple Valley (OWNER) desires to purchase additional software from Mueller Systems, LLC (CONTRACTOR). The additional software , deliverables and related are described herein. Pricing is subject to a 3% increase each year with 5 year term. CHANGE ORDER NO. 4 Water Meter Replacement Program PROJECT NO. 2016-101 Implementation and use of WaterSmart customer portal City of Copy of 2016-101 CO4 Water Meter Replacement Approved by Contractor: Approved by Owner: MUELLER SYSTEMS, LLC CITY OF APPLE VALLEY Mary Hamann-Roland, Mayor Date Date Approved By Public Works CITY OF APPLE VALLEY Attest: Pamela J. Gackstetter, City Clerk Date Date cc: Contractor Bonding Company Copy of 2016-101 CO4 Water Meter Replacement Software-as-a-Service (SaaS) Provisions July 30, 2019 City of Apple Valley 6442 140th St W Apple Valley, MN 55124 Attn: Mary Hamann-Roland Dear Mary: I am delighted to confirm certain services WaterSmart Software, Inc. (“WaterSmart” or “WATERSMART”) will provide under a contract between the City of Apple Valley, Minnesota (“Utility”) and Mueller, Inc. (“Contractor”) during a performance period beginning on the execution date (the “Contract”). WaterSmart will provide services (“Services” or “WaterSmart Services”) under a Launch Plan (“WaterSmart Launch Plan”), which is attached as Exhibit B. WaterSmart will be compensated by Contractor and not Utility. In the very unlikely event that WaterSmart does not receive payments due or payments are significantly delayed, WaterSmart reserves the right to terminate or suspend Services to Utility. Utility’s Contract and primary legal relationship are with the Contractor, which has separately contracted with WaterSmart to re-sell WaterSmart Services to utilities. WaterSmart’s Services are subject to its software-as-a-service provisions (“SaaS Provisions”), which are attached and incorporated herein as Exhibit A. The SaaS Provisions include terms essential to WaterSmart’s business model. The SaaS Provisions are not negotiable, except that WaterSmart may elect to consider on a case-by-case basis minor edits a utility deems essential. By signing below on behalf of the City of Apple Valley, Minnesota, Utility acknowledges the above and agrees that WaterSmart’s Services will be provided based on the WaterSmart Launch Plan, and Utility will be bound by the SaaS Provisions with respect to WaterSmart. Collectively, the WaterSmart Launch Plan, SaaS Provisions, and this confirmation letter are referred to as the “WaterSmart Terms”. Utility further agrees that the WaterSmart Terms will prevail over any other conflicting terms or documents regarding the WaterSmart Services. Please return this letter to me countersigned no later than August 30, 2019. We very much look forward to working with the City of Apple Valley, Minnesota. Sincerely, Erik Andersen Head of Sales Approved by Owner: The City of Apple Valley, Minnesota Mary Hamann-Roland, Mayor Date Attest: Pamela J. Gackstetter, City Clerk Date EXHIBIT A: SOFTWARE-AS-A-SERVICE PROVISIONS BACKGROUND: WATERSMART’s customer engagement and data analytics services are to be provided primarily by utilization of WATERSMART’s proprietary software hosted on WATERSMART’s computer systems and accessed by authorized users over the Internet. This is a shared cost software utilization model which enables customers to achieve substantial cost savings versus commissioning custom development of software or licensing software for installation and maintenance on customers’ computer systems. Companies like WATERSMART are commonly referred to as “SaaS” or “software-as-a-service” providers. Certain supplemental provisions which are customary within the SaaS sector and essential to enabling WATERSMART’s SaaS service model and providing substantial cost savings for Utility, are set forth below and incorporated by reference in the Agreement. A. WATERSMART’s reservation of intellectual property rights WATERSMART has created, acquired or otherwise currently has rights in, and may, in connection with the performance of this Agreement or otherwise develop, create, employ, provide, modify, acquire or otherwise obtain rights in various inventions, concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, models, templates, software, applications, documentation, user interfaces, screen and print designs, source code, object code, databases, algorithms, development framework repositories, system designs, processing techniques, tools, utilities, routines and other property or materials, including without limitation any and all subject matter protected or which may be protected under patent, copyright, mask work, trademark, trade secret, or other laws relating to intellectual property, whether existing now or in the future, whether statutory or common law, in any jurisdiction in the world (“WATERSMART IP”). Subject to the foregoing, authorized employees and customers of Utility may during the term of the Agreement access and use the WATERSMART SaaS services, print and electronic Water Reports, Customer Portal, Utility Dashboard, and other deliverables provided to Utility by WATERSMART, and applicable bill presentment and payment services, each as so specified by the Scope of Work, for purposes of Utility’s customer engagement program, customer billing, and for Utility’s internal purposes, so long as Utility is current with respect to its financial and other obligations under the Agreement. Such authorization is limited to Utility’s service territory and is non-exclusive, non-transferable, and non- sublicenseable. If Utility enters into an agreement with a third-party contractor of WaterSmart related to bill payment services, the intellectual property provisions of such agreement shall apply with respect to intellectual property owned or controlled by such third-party. Any rights not expressly granted herein are reserved by WATERSMART and its licensors. B. Utility’s cooperation in providing necessary inputs Deliverables to be provided by WATERSMART via its proprietary software require certain data from Utility. Utility shall provide WATERSMART with those data, records, reports, approvals and other inputs identified for Utility to provide in Exhibit B or otherwise requested by WATERSMART. Utility shall ensure that such inputs are accurate and within Utility’s legal rights to share with WATERSMART subject to the confidentiality and other applicable provisions of the Agreement. Time is of the essence, and Utility shall provide its inputs within the timeframes specified for Utility by Exhibit B. If bill payment services are included in the Scope of Work, Utility shall cooperate with WATERSMART and its applicable third-party partner(s) in timely providing the data, records, reports, approvals and other inputs requested for such services. WATERSMART shall not be responsible for delays outside WATERSMART’s control, and deadlines for WATERSMART’s performance shall be adjusted, if necessary, to accommodate delays by Utility. C. Confidentiality and WATERSMART’s use of aggregated data All data, documents and other information received or accessed by one party (“Receiver”) from the other party or its end users (collectively, “Discloser”) for performance of this Agreement, including without limitation personally identifiable information and financial information, are deemed confidential. Such information shall not be used or disclosed by the Receiver without the prior written consent of the Discloser or owner (which may include without limitation consent by end users to share any information with additional users they authorize), except to the Receiver’s employees and contractors on a need-to- know basis for performance of this Agreement with appropriate confidentiality protections. For this purpose, protected confidential information shall not include (i) information that, at the time of disclosure, is publicly available or generally known or available to third parties, or information that later becomes publicly available or generally known or available to third parties through no act or omission by the Receiver; (ii) information that the Receiver can demonstrate was in its possession prior to receipt from the Discloser; (iii) information received by the Receiver from a third-party who, to the Receiver’s knowledge and reasonable belief, did not acquire such information on a confidential basis from the Discloser; (iv) information the Receiver can demonstrate was independently developed by it or a third party; or (v) information that the Receiver is legally required to disclose under Minnesota Data Practices Act or compelled by a court to disclose. The foregoing confidentiality obligations are subject to the following clarification of the parties’ rights and obligations with respect to aggregated and anonymous data. Utility hereby gives its permission to WATERSMART to use and disclose on an anonymous and/or aggregated basis (excluding any personally identifiable information) any data pertaining to Utility end customers and their water consumption, including without limitation derivative data and data combined with the data of other utilities, for purposes of project evaluation and any research or product development., This Section C shall survive any termination or expiration of the Agreement. D. Software corrections and third-party acts; limitation of liability for SaaS services In the event that WATERSMART’s services fail to meet specifications or other requirements specified by Exhibit B, Utility shall promptly notify WATERSMART and WATERSMART shall promptly correct any defect or substitute services, software, or products to achieve the functionality and benefits originally specified. If WATERSMART promptly makes such correction or substitution, WATERSMART shall have no further liability with respect to said defect(s), notwithstanding any other provision of the Agreement. All warranties not expressly stated in the Agreement are disclaimed. Utility understands that Utility’s use of WATERSMART’s services provided online may be interrupted by circumstances beyond WATERSMART’s control involving third parties, including without limitation computer, telecommunications, network, Internet service provider or hosting facility failures or delays involving hardware, software, networks, or power systems not within WATERSMART’s possession or direct control, and network intrusions or denial of service attacks (collectively, “Third-party Acts”). WATERSMART shall not be responsible or otherwise liable for any Third-party Acts, including, without limitation, any delays, failures, or security breaches and damages resulting from or due to any Third-party Acts, provided that WATERSMART has exercised due care. However, in the case of any Third-party Act which will delay or prevent WATERSMART from providing online services to Utility, WATERSMART will promptly notify Utility and assist in mitigating any impact. Neither party will be liable to the other, under any claim relating to this Agreement, for any indirect, incidental, exemplary, special, reliance or consequential damages, including loss of profits or loss of data, even if advised of the possibility of these damages. Under no circumstances or event shall WATERSMART’s total cumulative liability for losses or damages of any kind arising under or relating to this Agreement and under any theory (contract, tort, defense and indemnity, or otherwise), exceed (i) the fees received by WATERSMART for the services that give rise to the liability in the twelve months preceding the accrual of such liability, or (ii) available insurance proceeds from WATERSMART’s carriers, whichever is higher. The foregoing limited remedy and limitation of liability provisions shall apply notwithstanding any conflicting provisions or any failure of essential purpose with respect to a limited remedy or limitation of liability, and shall survive any termination or expiration of the Agreement. Utility acknowledges that pricing for WATERSMART’s services would be substantially higher without the aforementioned limitations. E. Technology and services infrastructure vendors WATERSMART as a SaaS provider utilizes the secure cloud hosting platform of a third-party industry leader in cloud computing with state-of-the art security to host the data of all WATERSMART customers. WATERSMART utilizes a reputable third-party vendor to perform printing and mailing services when included within the scope of WATERSMART’s work. For bill payment services, including credit card, debit card, and ACH payments and authentication, WATERSMART works with leading edge, reputable third-party vendors specializing in such functions. Since the referenced cloud hosting platform, printing and mailing vendors, bill payment services providers, and certain other vendors performing similar or related functions, are integral components of WATERSMART’s technology and services infrastructure used across its pertinent customer base and are not specific to Utility and services under this Agreement, Utility acknowledges that such utilization or collaboration is not considered subcontracting of WATERSMART’s services under this Agreement. If Utility elects to make bill payment services available to its end customers, the pertinent end users and Utility assume all risks associated with such services, and no indemnity provisions in favor of Utility shall apply to such services unless WATERSMART commits an intentional tort, in which case liability shall be determined according to each party’s fault. In the absence of an intentional tort by WATERSMART, Utility’s sole remedies related to bill payment services shall be from the independent third-party provider of such services in accordance with any contract between Utility and such provider. If Utility enters into an agreement with any third-party contractor of WATERSMART for any other services ancillary or related to the services provided by WATERSMART during the term of this Agreement, Utility shall first seek and exhaust all remedies from such third-party contractor prior to seeking any remedy from WATERSMART with respect to such services. With respect to all bill payment services, as well as any services provided by independent third- party contractors not in contract with WATERSMART, including without limitation any such services which at Utility’s request or direction are integrated by WATERSMART into its electronic interfaces for Utility, WATERSMART shall not be responsible for services provided by such third parties. In furtherance of the foregoing, Utility shall hold harmless, defend and indemnify WATERSMART and its officers, directors, employees, contractors, representatives and volunteers from and against all claims, damages, losses and expenses, including without limitation any statutory damages, penalties, and attorney’s fees, arising out of or relating to such third-party services, except in the event of WATERSMART’s willful misconduct. F. Compliance With Laws WaterSmart shall comply with all federal, state and local laws, regulations, regulatory rulings, and ordinances as may be applicable to the performance of its services under this Agreement. Utility shall comply with all federal, state and local laws, regulations, regulatory rulings, and ordinances related to this Agreement, and shall have sole responsibility for securing any necessary regulatory approvals, if any, for this Agreement and/or the services hereunder. Utility shall be responsible for obtaining from its end customers any consents and providing any notices, if any are legally required, for the services to be provided by WaterSmart hereunder, as well as any bill payment or other third-party services elected by Utility. G. Extended Messaging Services If Utility elects to utilize WATERSMART’s leak alert or group messenger services, certain supplemental legal terms shall apply. These supplemental terms (“Extended Messaging Terms”) are set forth below and shall prevail in the event of any conflict or inconsistency. For avoidance of doubt, the Extended Messaging Terms apply to all WATERSMART services involving automated phone calls (conventional and mobile), pre-recorded messages, text messages, and other such bulk communications (including emails outside of WATERSMART’s core customer engagement offerings) (collectively, “Extended Messaging Services”). 1. Utility shall be solely responsible, and assume all risk for the content of any messages or communications to end customers which Utility initiates or authorizes in connection with the Extended Messaging Services, as well as Utility’s selection of any vehicle (ie., conventional phone, mobile phone, text, email) for such messages or communications. WATERSMART shall have no responsibility or liability of any kind with respect to messages or communications initiated or authorized by Utility or its representatives. In furtherance of the foregoing, Utility shall hold harmless, defend and indemnify WATERSMART and its officers, directors, employees, contractors, representatives and volunteers from and against all claims, damages, losses and expenses including without limitation any statutory damages, penalties, and attorney’s fees, arising out of or relating to the Extended Messaging Services or any breach by Utility of the Agreement including without limitation these Extended Messaging Terms,.. For avoidance of doubt, if the Agreement has other indemnity provisions in favor of Utility such provisions shall not apply to the Extended Messaging Services, except in the event of an intentional tort by WATERSMART. 2. If Utility elects to make available to its end customers Extended Messaging Services offered by WATERSMART to alert end users of potential leaks or high water usage, the pertinent end users and Utility assume all risks associated with such alerts, and no indemnity provisions in favor of Utility shall apply to such risks (including without limitation any liability claims for failure to alert or inaccurate alerts), except in the event of an intentional tort by WATERSMART. 3. With respect to Extended Messaging Services, WATERSMART’s role is limited to delivering via its technology platform Utility’s communications through vehicles selected by Utility; accordingly, compliance with applicable laws (which may vary by state and locale) is strictly Utility’s responsibility with respect to Extended Messaging Services notwithstanding any provision to the contrary. 4. Utility is encouraged to consult legal counsel of its own with respect to this Agreement and in reference to Federal Communications Commission Declaratory Ruling FCC 16-88 (released August 4, 2016), any Extended Messaging Services, and compliance with applicable federal, state and local laws, regulations and regulatory rulings, and ordinances. Utility shall not rely on WATERSMART or WATERSMART’s representatives for legal advice or guidance concerning the content or appropriate vehicles (ie., conventional phone, mobile phone, text, email) for communications with Utility end customers. In order to provide the Extended Messaging Services at efficient cost and with optimal levels of security and reliability, WATERSMART may utilize one or more third-party communications technology and communications services providers. Since such providers are utilized across WATERSMART’s pertinent customer base and are not specific to Utility and service choices by Utility under the Agreement, Utility acknowledges that such utilization is not considered subcontracting of WATERSMART’s services under the Agreement Under Minn. Stat. § 13.05, subd. 11, all of the data created, collected, received, stored, used, maintained, or disseminated by _WATERSMART in performing the City’s functions under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and WATERSMART must comply with those requirements as if it were a government entity. Under Minn. Stat. §§ 6.551 and 16C.05, subd. 5, WATERSMART’S books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the City of Apple Valley, State of Minnesota Legislative Auditor, and/or State of Minnesota Auditor, as appropriate, for a minimum of six years from the end of this Agreement. EXHIBIT B: WATERSMART LAUNCH PLAN WaterSmart Software is a customer engagement and analytics platform. Utility has contracted with WaterSmart to implement a customer engagement program to serve its population. The program is comprised of the following elements. Content and design of all materials are subject to change over time, as WaterSmart incorporates new features: • Utility Analytics Dashboard: Analytics, customer support tools and Program performance data for Utility staff • Customer Portal: Engagement, alerts and (if selected) billing and payments for account owners • Customer Letters and Leak Alerts: Customized communications mailed or emailed to each participant (if selected) • Single Sign On (SSO) or Click-Through Registration: bi-directional, seamless registration to multiple portals using a single set of credentials using the SAML 2.0 or OAUTH2 protocol or Click-Through Registration for uni-directional sign-on from a third-party site to WaterSmart using a URL redirect with key-based encrypted data (if selected). WaterSmart and the Utility shall each designate a project manager for the program. All Utility decisions shall be channeled through the Utility’s project manager. In addition, Utility shall designate a Data contact who is responsible for providing the data indicated in the Data Specification File. Program initialization and subscription begin with Contract Signing. The Utility should move to set up data transfers with the quickest speed to make the most use of their subscription. Significant delay on the part of the Utility during launch may result in less than 12 months of access to the Customer Portal and Utility Analytics Dashboard and/or fewer than the planned number of communications to be sent during the 12 month period. 30-60-90 INITIALIZATION WaterSmart works with Utility to launch the WaterSmart platform within 90 days from contract start. The following steps are requirements for successful launch: Pre Contract Signing 0-30 Days Orientation and Data Transfer 31-60 Days Data and Portal Configuration 61-90 Days Quality Assurance and Launch • WaterSmart provides Data Specification File and 30/60/90 Day Schedule, utility reviews and agrees to provide requirements as specified and within given timeframes • Utility IT contact completes Data Survey • WaterSmart conducts a 60- to 90-minute online Kickoff meeting to orient Utility staff involved in the Program. Utility should include a representative from each functional group that will be involved with the setup and use of the program • WaterSmart technical team conducts Data Call with Utility IT lead to go over Data Survey and next steps • Utility IT sends initial Sample Files per Data Specification File • 30 Day Check in • WaterSmart provides feedback on Sample Files • Utility and WaterSmart work to setup Ongoing File Transfers per Data Specification File • Utility PM approves content and configures general settings • 60 Day Check In • WaterSmart conducts Quality Assurance • Utility Dashboard is live and fully functional • Customer Portal is live and functional (though may not be open for registration depending on Utility needs) Post Launch • If applicable, embedded Payment site, SSO, PDF Bill Display, AMI data, and other premium integrations are configured and go live (if not included in initial 90 day launch) • On-site or Online Training completed • Customer Letters (if applicable) are sent and Customer Portal open for registration • Leak Alerts and other Notifications begin • Ongoing Support Data Transfer and Utility Obligations: Initiative and technical know-how on the part of Utility IT staff, consultants or existing vendors is necessary. WaterSmart works with the Utility to securely transfer a dataset on accounts, including but not limited to Account Information, Consumption History, ongoing feeds of Current Consumption, AMI Interval Information (if applicable), and Billing and Payments (if applicable). Should Utility provide data files in a new format which requires WaterSmart to re-onboard new file structures or map historical identifiers (e.g., customers, accounts, premises), WaterSmart assesses an additional one-time fee not to exceed $10,000 upon receipt of first test files from the new system. Configuration of Customer Portal: WaterSmart works with the Utility to configure the Customer Portal with Utility logo and contact information. Utility has the opportunity to approve or exclude any recommendations shown in the Customer Portal and provide WaterSmart with information on available rebates and incentives. Utility should provide consolidated feedback and final approvals to WaterSmart no more than ten (10) business days from when initial materials are provided to Utility. Finalization of Customer Letter: If selected, WaterSmart sends a Customer Letter on behalf of the Utility, to accounts that receive access to the Customer Portal. The Customer Letter is branded for the Utility (has utility logo and contact information) and Utility has the ability to personalize the signature. No other customization is available. WaterSmart sends Customer Letters by email where a valid email address is available and by print otherwise. Training: After all initial customer data has been received and program content is finalized, WaterSmart provides Utility staff with training and resources to understand the features and functionality of the Customer Portal and Utility Analytics Dashboard. If selected in Program at a Glance, WaterSmart Software provides training on-site; if not selected, training is provided via webinar. On-site training may be conducted as multiple sessions on a single day. ONGOING SUPPORT WaterSmart does not communicate directly with the Utility’s customers; end-user support is the responsibility of the Utility. WaterSmart provides a number of tools to assist Utility staff looking to understand and maximize their WaterSmart experience: 1) The WaterSmart Support Site, which is accessible by all Utility staff, includes responses to Frequently Asked Questions as well as common troubleshooting topics, how-to videos and other customer support oriented content. 2) The Customer Detail Page helps customer service representatives respond to Customer inquiries by providing all relevant customer information. 3) Live Chat allows Utility staff to ask questions and receive a response within the hour. Available 7 a.m. to 6 p.m. Pacific Monday thru Friday, excluding federal holidays. 4) Quarterly Product Webinars provide the latest WaterSmart news including product releases, case studies, and a forum to interact with other customers. MAINTENANCE OF WEB APPLICATIONS WaterSmart maintains commercially reasonable systems and controls designed to maximize monthly uptime and minimize unscheduled outages of the Customer Portal and Utility Analytics Dashboard. Excluding any down time for maintenance and/or upgrades, WaterSmart makes strong efforts to provide Customers and Utility with access to their respective Web applications on a continuous basis. WaterSmart provides advance notification of any planned outages and notifies Utility without unreasonable delay if it detects or receives notice of any material problems relating to the Customer Portal and/or the Utility Analytics Dashboard. WaterSmart’s Web Applications include dynamic and interactive charts and tables that may not be compatible with older Internet browsers. The Internet browser and operating system requirements are: • Windows XP: Chrome 38+, Firefox 32+ • Windows 7, 8, 8.1, 10: IE 11+, Chrome 38+, Firefox 32+ • Mac: Chrome 38+, Firefox 32+, Safari 10+ WaterSmart’s system requirements are subject to change in the future. WaterSmart Consumer Portal Scope of Work City of Apple Valley, MN WaterSmart Consumer Portal S OW Section 1: Introduction and Program Elements Introduction WaterSmart Software (“WaterSmart”) is a customer engagement and analytics platform. City of Apple Valley (“Utility”) has contracted with Mueller Systems, LLC to provide the WaterSmart customer engagement platform. The platform is comprised of the following elements. Content and design of all materials are subject to change over time, as WaterSmart incorporates new features: • Utility Analytics Dashboard: Analytics, customer support tools and Program performance data for Utility staff • Customer Portal: Engagement, alerts and (if selected) billing and payments for account owners WaterSmart and the Utility shall each designate a project manager for the project. All Utility decisions shall be channeled through the Utility’s project manager. In addition, Utility shall designate a Data contact who is responsible for providing the data indicated in the Data Specification File. Program initialization and subscription begin with Contract Signing. The Utility should move to set up data transfers with the quickest speed to make the most use of their subscription. Significant delay on the part of the Utility during launch may result in less than 12 months of access to the Customer Portal and Utility Analytics Dashboard and/or fewer than the planned number of communications to be sent during the 12-month period. 30-60-90 INITIALIZATION WaterSmart works with Utility to launch the WaterSmart platform within 90 days from contract start. The following steps are requirements for successful launch: Pre Contract Signing • WaterSmart provides Data Specification File and 30/60/90 Day Schedule, utility reviews and agrees to provide requirements as specified and within given timeframes • Utility IT contact completes Data Survey 0-30 Days Orientation and Data Transfer • WaterSmart conducts a 60- to 90-minute online Kickoff meeting to orient Utility staff involved in the Program . Utility should include a representative from each functional group that will be involved with the setup and use of the program • WaterSmart technical team conducts Data Call with Utility IT lead to go over Data Survey and next steps • Utility IT sends initial Sample Files per Data Specification File • 30 Day Check in 31-60 Days Data and Portal Configuration • WaterSmart provides feedback on Sample Files • Utility and WaterSmart work to setup Ongoing File Transfers per Data Specification File • Utility PM approves content and configures general settings • 60 Day Check In 61-90 Days • WaterSmart conducts Quality Assurance • Utility Dashboard is live and fully functional WaterSmart Consumer Portal SOW 2 7/17/2019 Quality Assurance and Launch • Customer Portal is live and functional (though may not be open for registration depending on Utility needs) Post Launch • If applicable, embedded Payment site, SSO, PDF Bill Display, AMI data, and other premium integrations are configured and go live (if not included in initial 90-day launch) • On-site or Online Training completed • Customer Letters (if applicable) are sent and Customer Portal open for registration • Leak Alerts and other Notifications begin • Ongoing Support Data Transfer and Utility Obligations: Initiative and technical know-how on the part of Utility IT staff, consultants or existing vendors is necessary. WaterSmart works with the Utility to securely transfer a dataset on accounts, including but not limited to Account Information, Consumption History, ongoing feeds of Current Consumption, AMI Interval Information (if applicable), and Billing and Payments (if applicable). Should Utility provide data files in a new format which requires WaterSmart to re-onboard new file structures or map historical identifiers (e.g., customers, accounts, premises), WaterSmart assesses an additional one-time fee not to exceed $10,000 upon receipt of first test files from the new system. Configuration of Customer Portal: WaterSmart works with the Utility to configure the Customer Portal with Utility logo and contact information. Utility has the opportunity to approve or exclude any recommendations shown in the Customer Portal and provide WaterSmart with information on available rebates and incentives. Utility should provide consolidated feedback and final approvals to WaterSmart no more than ten (10) business days from when initial materials are provided to Utility. Finalization of Customer Letter: If selected, WaterSmart sends a Customer Letter on behalf of the Utility, to accounts that receive access to the Customer Portal. The Customer Letter is branded for the Utility (has utility logo and contact information) and Utility has the ability to personalize the signature. No other customization is available. WaterSmart sends Customer Letters by email where a valid email address is available and by print otherwise. Training: After all initial customer data has been received and program content is finalized, WaterSmart provides Utility staff with training and resources to understand the features and functionality of the Customer Portal and Utility Analytics Dashboard. If selected in Program at a Glance, WaterSmart Software provides training on-site; if not selected, training is provided via webinar. On-site training may be conducted as multiple sessions on a single day. Ongoing Support WaterSmart does not communicate directly with the Utility’s customers; end-user support is the responsibility of the Utility. WaterSmart provides a number of tools to assist Utility staff looking to understand and maximize their WaterSmart experience: WaterSmart Consumer Portal SOW 3 7/17/2019 1) The WaterSmart Support Site, which is accessible by all Utility staff, includes responses to Frequently Asked Questions as well as common troubleshooting topics, how-to videos and other customer support oriented content. 2) The Customer Detail Page helps customer service representatives respond to Customer inquiries by providing all relevant customer information. 3) Live Chat allows Utility staff to ask questions and receive a response within the hour. Available 7 a.m. to 6 p.m. Pacific Monday thru Friday, excluding federal holidays. 4) Quarterly Product Webinars provide the latest WaterSmart news including product releases, case studies, and a forum to interact with other customers. Maintenance of Web Applications WaterSmart maintains commercially reasonable systems and controls designed to maximize monthly uptime and minimize unscheduled outages of the Customer Portal and Utility Analytics Dashboard. Excluding any down time for maintenance and/or upgrades, WaterSmart makes strong efforts to provide Customers and Utility with access to their respective Web applications on a continuous basis. WaterSmart provides advance notification of any planned outages and notifies Utility without unreasonable delay if it detects or receives notice of any material problems relating to the Customer Portal and/or the Utility Analytics Dashboard. WaterSmart’s Web Applications include dynamic and interactive charts and tables that may not be compatible with older Internet browsers. The Internet browser and operating system requirements are: • Windows XP: Chrome 38+, Firefox 32+ • Windows 7, 8, 8.1, 10: IE 11+, Chrome 38+, Firefox 32+ • Mac: Chrome 38+, Firefox 32+, Safari 10+ WaterSmart’s system requirements are subject to change in the future. WaterSmart Consumer Portal SOW 4 7/17/2019 WaterSmart Consumer Portal SOW 5 7/17/2019 I T E M: 4.G. C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:C onsent Agenda Description: A pprove Acceptance and F inal Payment on Agreement with L D V, I nc., f or Apple Valley Mobile Command Van S taff Contact: Charles Russell, F ire C hief D epartment / D ivision: F ire Department AC T I O N RE Q UE S T E D: Approve acceptance and final payment on the agreement with LD V, Inc., for A pple Valley Mobile Command Van, in the amount of $260,567.00. S UM M ARY: LD V, Inc., has satisfactorily completed construction of the mobile command van. It is the Fire Department's recommendation that C ity C ouncil approve final payment to LD V, Inc., for their work. B AC K G RO UND : T he Fire Department entered into an agreement with LD V, Inc., on J une 14, 2018 to build a replacement for our mobile command van, which is now 27 years old and due for replacement. LD V, Inc., has satisfactorily completed construction of the mobile command van and the van was delivered on J une 24. A factory representative provided 4 hours of training to us, and we tested all functions of the vehicle to ensure it performs as expected. It is the Fire Department's recommendation that C ity Council approve final payment to LD V, Inc., for their work. B UD G E T I M PAC T: Funding for this apparatus purchase comes from the Vehicle and Equipment Replacement Fund. AT TAC HM E NT S: F inal Pay Documents I T E M: 4.H. C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:C onsent Agenda Description: A pprove P ersonnel R eport S taff Contact: Melissa Haas, Human Resources Manager D epartment / D ivision: Human Resources D ivision AC T I O N RE Q UE S T E D: Approve the personnel report. S UM M ARY: T he employment actions attached to this memo are recommended for City Council Approval. B AC K G RO UND : T he C ity C ouncil's approval of the Personnel Report includes the ratification of the C ity Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. B UD G E T I M PAC T: Budgeted positions. AT TAC HM E NT S: Personnel Report PERSONNEL REPORT August 8, 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) Angela Becker Hire Sales Clerk Casual, Variable Hour 5020 $ 12.00 Hourly L-1 8/3/2019 Anita Burke Rehire Elections Assistant Casual, Variable Hour 1015 $ 18.00 Hourly C-10 9/1/2019 Laura Coleman- Heyne Accept Resignation Receptionist Full-Time, Regular 1021 8/6/2019 Patrick Devery Promotion Senior Building Inspector Full-Time, Regular 1400 $ 39.00 Hourly 180 8/17/2019 Samantha Griffiths Hire Sales Clerk Casual, Variable Hour 5090 $ 12.00 Hourly L-1 8/1/2019 Denver Jacobson Hire Maintenance I Full-Time, Regular 1530 $ 23.81 Hourly UFM 8/12/2019 Richard Mace Promotion Lead Sales Clerk Casual, Variable Hour 5090 $ 13.50 Hourly L-2 8/3/2019 Nathan Muntifering Hire Puppet Performer Casual, Seasonal 1800 $ 10.30 Hourly C-01 7/29/2019 Matthew Rasmussen Hire Liquor Store Manager Full-Time, Regular 5090 $ 67,235.00 Annual 170E 8/12/2019 Miranda Sullivan Hire Skating Instructor Casual, Variable Hour 5205 $ 11.65 Hourly C-10 7/23/2019 Gregory Veach Accept Resignation Assistant Liquor Store Manager Full-Time, Regular 5090 8/1/2019 Alex Walker Hire Community Service Officer Part-Time, Regular 1200 $ 15.50 Hourly 120 8/10/2019 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.I . C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:C onsent Agenda Description: A pprove Claims and Bills S taff Contact: Ron Hedberg, F inance Director D epartment / D ivision: F inance Department AC T I O N RE Q UE S T E D: Approve claims and bills. S UM M ARY: Attached for C ity C ouncil review and approval are check registers for recent claims and bills. B AC K G RO UND : N/A B UD G E T I M PAC T: Check registers dated J uly 17, 2019, and J uly 24, 2019, in the amounts of $979,145.15 and $1,908,172.10, respectively. AT TAC HM E NT S: C laims and B ills C laims and B ills I T E M: 5.A . C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:Regular Agenda Description: A dopt Resolution Authorizing S ubmission of Comprehensive P lan A mendment to Metropolitan Council Re-designating L ot 2, B lock 1, Hope A lliance 2nd A ddition, from "I NS" (I nstitutional) to "C " (Commercial) S taff Contact: K athy Bodmer, A I C P, P lanner D epartment / Division: C ommunity D evelopment Department Applicant: Hempel Companies and Hope Church of C &M Alliance P roject Number: P C19-05-P Z S C B Applicant Date: 4/5/2019 60 Days: 6/4/2019 120 Days: 8/3/2019 AC T I O N RE Q UE S T E D: Adopt resolution authorizing submission of C omprehensive Plan Amendment to Metropolitan Council re-designating Lot 2, Block 1, Hope Alliance 2nd Addition, from "IN S" (Institutional) to "C " (C ommercial). S UM M ARY: Planning C ommission Action: At its meeting of June 19, 2019, the Apple Valley Planning Commission voted unanim ously to recommend approval of the project with a number of conditions. T he action above would authorize staff to submit the comprehensive plan amendment to the Metropolitan Council for their consideration. After the Met Council review, the C ity C ouncil will then take final action on all of the land use items requested. T he C ity is in the process of working with the Metropolitan Council to complete the ten-year update of the 2040 Comprehensive Plan. T he C ider Ridge project is proposed to be advanced to the Met C ouncil recognizing that the Met C ouncil will not review this project until the review of the 2040 C omprehensive Plan is complete. Cider Ridge Project Proposal: T he applicant wishes to subdivide a 35,910 sq. ft. parcel from the 7.2-acre Hope C hurch property to construct a 7,130 sq. ft. multi-tenant building along Cedar Avenue. T he building would be located on the west side of the Hope Church property at 7477 - 145th Street West. T he petitioner is requesting consideration of the following actions: 1. Comprehensiv e P lan Amendment from "IN S" (Institutional) to "C " (Commercial). 2. Rezoning from "P" (Institutional) to "PD" (Planned Development). 3. Subdiv ision by P reliminary P lat to subdivide the existing 7.2-acre lot to create a 35,910 sq. ft. (0.8-acre) lot for commercial development. 4. Conditional Use P ermit (C UP) for bank teller drive-thru operation. 5. Site P lan Rev iew/Building P ermit Authorization for construction of a 7,130 sq. ft. multi-tenant building. Comprehensive Plan Amendment: T he first step in the review of this development proposal would be to authorize the comprehensive plan amendment to be submitted to the Metropolitan Council for their review and approval. An amendment is requested to develop the subject parcel (Lot 2) for limited business uses. T he petitioner seeks to re-designate the newly created parcel from "IN S" (Institutional) to "C " (C ommercial) uses. When the C ity reviews a request for a comp plan amendment, it has the most discretion to decide whether a requested plan amendment is consistent with Apple Valley's vision for the C ity and for the neighborhood area. T he C omprehensive Plan guidance for redevelopment and infill development includes: supporting development projects that provide a "sense of place," ensuring site design preserves the vitality and cohesiveness of existing nearby residential neighborhoods and considering uses that provide a transition between residential neighborhoods and the retail commercial Downtown of the City. Development C ontext: Residential properties abut the Hope C hurch property on the north and east sides of the property. On the south, the property abuts 145th Street W. and south of that is the Dalseth Dental C linic. T he west side of the property is bounded by C edar Avenue. A large 75' wide pipeline easement bisects the property at an angle which restricts development and redevelopment of the property. B AC K G RO UND : Comprehensive Plan: T he C ity C ouncil is asked to authorize submission of the requested Comprehensive Plan Amendment to the Metropolitan C ouncil. Once that is completed, the following actions will be brought back for C ity C ouncil consideration and action: Rezoning: T he petitioner requests a rezoning of the newly created lot (Lot 2) from "P" (Institutional) to "P D" (Planned Development). A PD zoning is requested to provide a mix of limited business (office) and neighborhood retail uses. A P D is also requested to provide relief (or a waiver) from some of the setback and coverage requirements of a typical zoning designation. During review with the planning C ommission, C ity staff and the adjacent neighborhood was concerned that retail activity may be too intense for the neighborhood. Staff addressed this by having the P D have a limited business underlying zoning designation with neighborhood service uses, but no retail. A draft PD ordinance is attached that lists the uses supported by the Planning Commission. Subdivision by Preliminary Plat: T he subdivision by preliminary plat is needed to subdivide a new lot from the existing church parcel. D rainage and utility easements are required around the newly created lot in accordance with the Subdivision C ode. An easement that was obtained by the C ounty for additional street right-of-way for 145th Street should be shown on all of the plans as the southern property boundary so that setbacks can be measured from the RO W line. A 26' drainage and utility easement is shown dedicated along 145th Street for existing water and sanitary sewer lines. Structures that were earlier identified as encroachments into the easement have been removed under the revised plan. C UP: A conditional use permit is requested for the bank drive-thru lane on the north side of the building. With the redrawn property line, the drive-thru lane is now contained within the lot that it is serving. Additional landscaping is needed along the west and north sides of the drive-thru lane to screen headlights from Cedar Ave and the residential neighborhood to the north. T he drive-thru lane was also shifted outside of the drainage and utility easement. Site Plan/Building Permit Authorization: T he plans show that the new lot will share the use of the existing church driveway off of 145th Street West. T he plans were revised so that the drive access now has a clear drive aisle into the site which should help circulation within the l o t . T he proposed new building will be placed parallel with Cedar Avenue with the front entrances facing east and the back of the building facing west. T he plans show attention to the design of the exterior of the building so that all sides appear to have the same treatments and consideration as the front of the building. Moving the parking lot out of the easements and reconfiguring the lot to create the drive aisle has resulted in Lot 2 (the new lot being created) being six parking spaces short of the requirement. However, parking requirements are met when the two sites are calculated together. Cross-access and cross-parking easements will be executed between the two lots to address the shortage. In addition, the petitioner is showing six proof-of-parking spaces available on the site. T he dumpster that was previously shown along the north property line has been relocated to the middle of the drive-thru lane, which will help to provide visual screening and noise attenuation for the properties to the north. Engineering: T he C ity Engineer reviewed the plans and his comments are attached in the City Engineer's memo. He notes that the revised plans show that an in-ground system will be used for stormwater management. T he City Engineer also reviewed traffic generation on the site and within the neighborhood area. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material Map R esolution Applicant L etter Plan S et Plan S et Memo Memo Memo C orrespondence Photo Ordinance Presentation 1 Cider Ridge Marketplace (Hope Church 2nd Addition) PROJECT REVIEW Existing Conditions Property Location: 7477 – 145th Street West; Northeast corner of Cedar Avenue and 145th Street West. Legal Description: Lot 1, Block 1 Hope Alliance Addition Comprehensive Plan Designation INST-Institutional Zoning Classification P Institutional Existing Platting Platted lot. Current Land Use Church Size: Existing Lot: 7.2 acres (313,646 sq. ft.) Lot 1: 277,736 sq. ft. (6.376 acres) Lot 2: 35,910 sq. ft. (0.8 acres) Dedicated right-of-way: 1,238 sq. ft. Topography: Generally flat area adjacent to Cedar Avenue with significant increasing grades on east side of property. A swath can be seen on aerial photography where the pipeline easement bisects the property at an angle. Existing Vegetation Wooded area east and northeast portion of larger 7.2-acre church property. The proposed Lot 2 area has urban landscape vegetation. Other Significant Natural Features N/A Adjacent Properties/Land Uses NORTH Greenleaf Townhomes 3rd Addn and Scott Highlands 3rd Addn Comprehensive Plan MD (Med. Density 6-12 u/a) & LD (Low Density 2-6 u/a) Zoning/Land Use M-4C (Multi family, 6-8 u/a) & R-3 (Single family, 11,000 min lot) SOUTH Dalseth Dental (Lot 1, Block 1 Christian Science Society) Comprehensive Plan C-Commercial Zoning/Land Use LB Limited Business EAST Hope Church Comprehensive Plan INST-Institutional Zoning/Land Use P-Institutional WEST Cedar Avenue and Kwik Trip Comprehensive Plan ROW and C-Commercial Zoning/Land Use ROW and RB-Retail Business Development Project Review Comprehensive Plan: The 2040 Comprehensive Plan guides the development of the site for "INS" (Institutional) uses. A comprehensive plan amendment would be required in order to redevelop the site for professional office or other limited business uses. When the City considers a comprehensive plan amendment, it has the most discretion to decide whether a proposed change to the Plan is consistent with the City's vision for Apple Valley as a whole and for the specific neighborhood area. 2 Guiding principles found in the 2040 Comprehensive Plan include: A survey conducted in 2017 indicates that residents strongly support investments in and redevelopment of the Downtown to create a unique "sense of place." A sense of place arises from utility, activity, and careful design. (p. 4-9 Land Use) The Apple Valley comprehensive plan prioritizes the preservation of the vitality and cohesiveness of residential neighborhoods. To that end, the City aims to minimize land use conflicts through application of the zoning ordinance and buffering policies. […] Buffering techniques are Apple Valley's primary strategy for smoothing land use transitions. (p. 4-3 Land Use) The limited business designation is reserved for general offices and businesses that exclude retail activities. Business operations usually occur within an enclosed building and are generally limited to weekdays. These uses are located adjacent to the retail core of the downtown and may act as a transition to residential neighborhoods. The LB, LB-1, and PD zoning districts are applicable with this commercial category. (pp. 4-21 and 4-22 Land Use) The site's high visibility, location at a signalized intersection, and traffic levels on Cedar Ave make it very appealing for retail development. However, the City will need to evaluate the requested infill development in light of potential impacts on nearby residential properties. Typical commercial retail businesses, like convenience stores with gas, coffee shops with drive-thru and full-service restaurants can be high traffic generators and are likely to have service hours in the evenings and on weekends that may impact the adjacent residential neighborhoods and conflict with church activities. Appropriate uses will need to be evaluated in light of the nearby residential neighborhoods and potential impacts to the signalized intersection at Cedar Ave and 145th Street W. Zoning: The property must be rezoned in order to redevelop the site as shown on the plans. The petitioner requests a rezoning of the new parcel, Lot 2, to "PD" (Planned Development) to allow more flexibility in some of the zoning performance standards such as setbacks and permitted uses. Redevelopment projects usually require a degree of flexibility. However, if a property owner requests a rezoning to PD when the lot is smaller than 5 acres, he or she must discuss (1) how the proposed PD project better meets the City's comprehensive plan goals and policies than standard zoning and (2) how a planned development zoning on this site would be in the public interest. The petitioner presents the following as public benefits of the proposed PD zoning designation: Economic development and tax base generated from a currently non-taxable parcel; Temporary construction jobs and permanent job creation; New entrepreneurial venues for small and start-up businesses; Reduction of under-utilized parking fields and views from Cedar Avenue of such fields; Public art installation; and Reduction of vehicle trips by bringing necessary goods and services within walking distance of the surrounding neighborhood. The applicant provided a list of proposed uses to incorporate into a planned development zone for the City's review and consideration. The applicant seeks to create a planned development zoning district that combines some of the uses found in the "LB" (Limited Business) and "NCC" (Neighborhood Convenience Center) zoning districts. Staff is comfortable with most of the professional office uses proposed, but is concerned that any retail would have higher activity levels that could negatively impact adjacent residential uses. Below is a list of the uses supported by staff and the petitioner: o Permitted Uses: a. Professional and general offices b. Banks, savings and loan, credit unions and other financial institutions c. Clinics for human care limited to a maximum of 4,000 square feet each d. Class III restaurant not to exceed 2,500 square feet. No drive-thru permitted 3 e. On-sale wine and/or 3.2% liquor in conjunction with a Class III restaurant facility f. The following neighborhood service uses as limited to the following uses, unless otherwise specifically approved by the City Council: art and school supplies in connection with an art studio, lab or maker space; bakeries; barbershops and hair salons; custom dressmaking and tailoring; dry cleaning “Drop and Go” (no drive-thru or on-site treatment permitted); florists (no exterior display, storage or cultivation); interior decorating studio (no on-site retail furniture sales); jewelry and watch repair; locksmith shops; music and musical instrument instruction; photography studio; pottery studio; shoe repair; toys/candy made on site; and electronic device repair and service for computers, cell phones, tablets, gaming consoles, drones and similar devices limited to 2,500 sq. ft. g. Retail operations selling personal services or goods over the counter as limited to the following uses unless otherwise specifically approved by the City Council: antiques, art and school supplies, bakeries, barbershop, beauty parlor, bicycles, books and stationery, candy, cameras and photographic supplies, catering establishments, china and glassware, clothes pressing, custom dressmaking, drugs, dry goods, florists, garden supplies, gifts, hardware, hats, hobby shops, household appliance repair, interior decorating studio (no retail furniture sales), jewelry and watch repair, laundry and dry cleaning, locksmith shops, musical instruments, paint and wallpaper, phonograph records and equipment, photography studio, shoes, sporting goods, tailoring, tanning salon, tobacco, toys, variety stores, video tape and equipment sales or rental, and wearing apparel o Conditional Uses a. Funeral homes and mortuaries b. Licensed daycare facilities c. On-sale liquor in conjunction with a restaurant facility d. Animal hospital or clinic when contained within a building e. Drive-thru window service for bank or similar financial institution f. Health or fitness facility, day spa or yoga studio provided all activities are conducted inside the building. No outdoor cross-training or similar outdoor classes or training allowed on the premises. PD Zoning Standards – Requested Waivers – The petitioner requests a rezoning of the property to “PD” (Planned Development) to allow relief for some of the setback and coverage standards that would be required with a straight “LB” (Limited Business) zoning designation. The following are the requested revised standards: Development Standard LB Zoning Requirement Requested PD Standard Building Setback from Cedar Ave 50’ 25’ Building Setback from 145th St. W. 30’ 14’ Parking Setback from Cedar Ave 20’ 10’ Parking Setback 145th St. W. 20’ 0’ Building Coverage 20% 23% Conditional Use Permit - A drive-thru lane is proposed on the north side of the building circulating in a clockwise direction. Vehicles at the window will face west towards Cedar Avenue. Landscaping has been 4 added to help shield headlights from Cedar Ave and the neighborhood to the north. The PD zoning district would require a conditional use permit (CUP) for drive-thru teller service. The petitioner requests a CUP for the bank drive-thru teller shown on the plans. The conditional use permit would allow the City to establish reasonable conditions on the drive-thru use to help mitigate any adverse impacts. Preliminary Plat: A subdivision by preliminary plat is requested to subdivide a 35,910 sq. ft. lot from the 7.2-acre Hope Church property for the new office/commercial building. The lot was increased in size so that the building coverage requirements are met on the lot. Drainage and utility easements are required for the newly created Lot 2. Because setbacks are taken from right-of-way lines, it will be important for the plant set drawings to all show the new right-of-way line as the southern boundary of the parcel. Site Plan: A revised site plan was submitted which addresses comments and issues raised at the public hearing. The revised plans show construction of a 7,130 sq. ft. multiple tenant office/commercial building on Lot 2; Lot 2 has been increased in size to 35,910 sq. ft. to address building coverage and to fully contain the drive-thru lane. Building coverage on Lot 2 is reduced from 23% to 19.9%, to comply with the maximum building coverage permitted in the "LB" and "LB-1 (Limited Business) zones. The plans also show that the retaining walls have been removed and the parking lot shifted north to remove all of the structures out of the drainage and utility easement. The revised plans show that the shared access drive is shifted slightly east to provide a more distinct drive aisle through the site. The center median that was forcing a decision to turn right or left upon entering the site is now removed. The site now contains a drive lane that circulates around the site in a clearly defined and easy to understand manner. At 7,130 sq. ft., the building is be required to have a minimum of 40 parking spaces; 34 parking spaces are provided on the newly created lot with 6 proof-of-parking spaces shown. The petitioner states that there will be cross-parking and cross-access easements executed between the church and office properties so that parking can be shared. Taking into account that the church seats 195 in its main sanctuary, a total of 105 spaces are required for both the church and the Cider Ridge building; 103 spaces are shown for the two sites. With the six additional proof-of- parking spaces available, the site meets the parking requirements. A six foot fence is shown constructed along the north property line. The screening fence shall be constructed of maintenance-free materials and provide complete privacy. The revised plan shows that more of the mature large coniferous trees on the north side of the site will be maintained to help screen the new building from the neighborhood to the north. The revised plans show that storm water will be managed with an underground system that crosses both property lines. The stormwater management plan, grading plan and utility plan are all subject to final review and approval by the City Engineer. Grading Plan: Reviewed by the City Engineer. See his comments in the attached City Engineer Memo. The area where the site is proposed to be graded is flat. Tree protection fencing must be installed and approved prior to issuance of the natural resources management permit (NRMP) and any land disturbing activities on the site. Elevation Drawings: The single-story multiple tenant building is proposed to be 20’ tall to the top of the parapet. The exterior building materials include cementitious panels and stone veneer. The zoning code requires that all of the building elevations must be similarly designed to be as attractive as the front of the building (“four-sided architecture”). The petitioner has designed the rear of the building to mimic the front of the building on the east side. The petitioner should confirm whether all of the “back of building” utilities, including electric panels and meters, will be located within the mechanical room. A parapet is shown to be 2.5’ tall to screen anticipated rooftop mechanical units. The parapet is required to be the same height as the mechanical units and able to fully screen them. Staff is concerned that most HVAC units, after accounting for being located on a curb, are typically 5’ to 6’ high which will not be screened by a 2.5’ parapet. Cross- 5 section drawings will be required at the time of application of the building permit to confirm that the height of the screening structure will screen the mechanical units as required. Landscape Plan: The zoning code requires that the landscape plan must be designed so that the value of the landscape plantings meet or exceed 2.5% of the value of the construction of the building based on Means Construction Data. A boulevard tree proposed to be removed from Cedar Avenue will be required to be replaced in the Cedar Avenue boulevard. Lighting Plan: Because this development is adjacent to a residential neighborhood, a lighting plan will be required that shows the light levels throughout the site. Any pole lighting should not exceed 20’ in height and should have strong cut-off characteristics to reduce impacts to the abutting neighborhood. Availability of Municipal Utilities: Utilities are available to the site from 145th Street West. See City Engineer Memo. The revised plans show that two retaining walls and a portion of the parking lot was removed from the drainage and utility easement as directed by the City Engineer. He states that the building foundation will serve as a retaining wall. Street Classifications/Accesses/Circulation: Cedar Ave (CSAH 23) – Principal arterial 145th Street West – Local Street Glazier Ave – Local Street The revised plans shift the shared access to the east to provide a more direct drive lane through the site. Cross-parking, cross-access and cross-maintenance agreements will be required. Auto-turn drawings are needed to confirm circulation of delivery trucks, fire trucks and garbage trucks within the site. Pedestrian Access: One sidewalk connection is provided to Cedar Avenue from the building on the northwest corner of the site. A second access is needed from the south side of the site to the building. Bike racks are also needed to accommodate bicycle parking on Lot 2. Public Safety Issues: The Fire Marshal will require that the building is sprinkled in accordance with the State Fire Code. The Fire Marshal is concerned that a tenant in the southern suite who exits on the west side of the building will be forced to traverse over 100’ to reach sidewalk along the north side of the building. He will require either the installation of sidewalk along the south side of the building from the west parking lot to the east parking lot, or the sidewalk on the west side of the building will be required to connect to one of the public trails for safe egress from the building. See the Fire Marshal’s memo attached for additional comments. Recreation Issues: Park dedication will be required as a result of the subdivision. Park dedication will be calculated based on the size of the building and the number of employees that would be likely to use a City park. Signs: No sign approvals are given at this time. No signs may be installed prior to the issuance of a permit. A separate sign permit must be obtained prior to the installation of any signs on the site or the building. Public Hearing Comments: The following questions and comments were received at the May 1, 2019, Public Hearing. 1. The drive access entering the site is not intuitive. The parking lot should be redesigned to provide a clear travel lane through the site. Staff response: The petitioner revised the site plan to create a clearer travel way into and around the parking lot shared by the church and the new building. The existing landscape island near the site entrance is removed so that a clearly defined lane is provided into the site. Previously vehicles were forced to make a decision to turn either right or left which could have resulted in delays and backups out onto 145th Street. 6 2. Is there a right-turn lane on northbound Cedar Ave? Is there a concern that traffic backing up at the site driveway may back up traffic to Cedar Ave? City Engineer response: Yes, there is a dedicated right-turn lane on northbound Cedar Avenue from 145th Street [and northbound from Cedar to eastbound 145th Street W.]. During both the a.m. and p.m. peak hours, 95th percentile westbound right-turn queues at the Cedar Avenue and 145th Avenue intersection are still expected to be accommodated within the existing turn lane storage and are not expected to impact operations along 145th Street. The proposed driveway access is being relocated further away from Cedar Avenue and existing turn lane storage per the site plan. See the City Engineer’s traffic review memo for a more in-depth discussion. 3. What days during week would the building be open? What will the hours be? Staff response: The business hours of operation may reasonably restricted as part of the PD zoning district. Staff proposes to restrict the use of the site from 7:00 a.m. to 10:00 p.m. with drive-thru hours limited from 7:00 a.m. to 7:00 p.m. For reference, the Neighborhood Convenience Center zoning district allows businesses to be open from 6:00 a.m. to 1:00 a.m. 4. Concerned that the development will create increased noise levels. Residents report that they can hear the new traffic signals on Cedar Avenue and the audible countdown timers. One resident noted that she can hear noise from people using the Wells Fargo drive-up teller at all hours of the night. When drivers roll down their windows or open their car doors, the resident can hear music blaring out of the vehicles. Staff response: The auditory commands on the Cedar Ave signals are provided for seeing-impaired individuals. Restricting the hours of operation of the businesses should help to contain the noise and activity on the site to reasonable hours when Cedar Avenue is busy and will help to mask any sound. 5. There are several banks in the area, does the City need another bank? Staff response: The City establishes zoning categories based on the land use characteristics of the use. In other words, the categories of land uses are grouped together based on the size of the building, hours of operation, number of customers, length of customer stay, number of large truck deliveries in and out of the site, etc. A bank functions similar to other office buildings with the exception of the drive-thru lane and office buildings are found to be compatible with nearby residential uses. The City focuses on the land use characteristics and leaves it to the property owner and market to determine which specific users will locate in a building. 6. What banks are being considered? How can traffic be calculated if you don’t know which specific bank? Some banks generate heavier traffic volumes than others. Are we sure traffic volumes will really be that low? Staff response: The main reference manual used to estimate the number of vehicle trips that are expected to be generated from a new development is Trip Generation compiled by the Institute of Transportation Engineers, often referred to as the “ITE Manual.” City Engineer Response: The ITE trip generation rate is based on data collected for dozens of banks. The average rate of this collected data is used to calculate the peak hour and daily trips. Note that this trip generation is completed for a typical weekday peak hour and daily rate. There may be times when bank traffic is higher (i.e. potentially Friday afternoons and Saturday mornings/afternoons), however, the analysis is completed during the a.m. and p.m. peak hours when side-street traffic is peaking. 7. Concerned that the City allows developers to cram large buildings onto small lots. Resident does not care for the multi-story zero-setback buildings that have been recently constructed in the City. Staff response: Comment noted. The proposed development is not a multiple-story building and has reduced setbacks, but not zero setbacks. The petitioner expanded the size of the lot and made the lot larger to meet the building coverage requirements. 8. Could the Church sell their excess property up on the hill? There are more residential properties surrounding that area. Would the City approve more commercial development there? Staff response: The Planning Commission is tasked with reviewing the application that is before them. The property area mentioned is guided “INS” (Institutional) in the Comprehensive Plan. No proposals have 7 been brought forward to develop the property area in question. Any development proposal would need to be considered on its own merits. 9. Whose trees are along the north property line that are proposed to be removed? Staff response: Staff asked the petitioner to stake the property line to help clarify which plantings belonged to which property. The trees to be removed are completely on the church property. In addition, the petitioner proposes to save more of the mature spruce trees on the north side of the site to help buffer the site from the neighborhood to the north. Staff has been informed that the trees mentioned at the public hearing were actually located on the townhouse property and that the neighborhood and the church were able to clarify the matter. 10. What will happen to property values? Staff response: Many different factors contribute to the value of a home, so it is not possible to attribute impacts of property value on a single adjacent land use. Property values are impacted by overall City development patterns and not one specific land use. In this case, the Cider Ridge building will be constructed in compliance with the City’s exterior design requirements, zoning and subdivision codes and the State Building Code requirements. The PD zone is established with criteria intended to make sure the development does not negatively impact the neighborhood. SITE CEDAR AVEGLENDA DR145TH ST W GENESEE AVE146TH WAY WGLAZIER AVE143RD ST W GLADIOLA CT143RD STREET CT WU P P E R 1 4 5 T H S T W 1 4 3 R D S T WGLADIOLA CTCEDAR AVE143RDSTREE T CTWCIDER RIDGEMARKETPLACE µ LOCATION MAP ^ SITE 145TH ST W CEDAR AVEPENNOCK AVEG ENESEEAVE GAR R E T T A V E 146TH ST WGLAZIER AVEGRANADA DR146TH WAYW 144T H CTCEDAR AVE145TH ST W GARRETTAVEC C C C C MD LD MD LD LDLD INS INS µ CIDER RIDGEMARKETPLACE COMPREHENSIVE PLAN MAP ^ SITE C145TH ST W GLENDA DRCEDAR AVEPENNOCK AVEGENESEEAVE GUTHRIE AVE143RDSTW GLAZIER AVEGRANADA DR146TH WAYW GARRETT AVEU P P E R 1 4 5 T H S T W 144TH C TUPPERGUTHRIECTCEDAR AVE143RD ST W C C C C C C MD LD MD LD LD LD INS INS Existing Proposed SITE P P LB LB GB RB LB GBLB R-3 R-3 R-3 R-3R-3M-4CM-6C 145TH ST W CEDAR AVEPENNOCK AVEG E N E SEEAVE GARRE T T A V EGLAZIER AVE146TH WAY W 145TH ST W µ CIDER RIDGEMARKETPLACE ZONING MAP ^ PDSITE P P LBGB LB LB GBLB R-3 R-3 R-3 R-3R-3M-4CM-6C 145TH ST W G E N E SEEAVE EXISTING ZONING PROPOSED ZONING OBLIQUE AERIAL VIEW Approx. Site Location CITY OF APPLE VALLEY RESOLUTION NO. 2019 - ___ AMENDMENT TO THE APPLE VALLEY COMPREHENSIVE PLAN LOT 2, BLOCK 1, HOPE ALLIANCE 2ND ADDITION (AS PRELIMINARY PLATTED) WHEREAS, pursuant to the Metropolitan Land Planning Act of 1976 the City of Apple Valley is required to prepare a comprehensive plan; and WHEREAS, the City of Apple Valley on December 27, 2018, authorized for submission its City of Apple Valley 2040 Comprehensive Plan which is currently under review by the Metropolitan Council; and WHEREAS, Hope Church of C&M Alliance and Hempel Companies request a comprehensive plan amendment for the property identified as Lot 2, Hope Alliance 2nd Addition; and WHEREAS, a public hearing on the proposed amendment of the Land Use Map from “INS” (Institutional) to “C” (Commercial) was held before the Apple Valley Planning Commission on May 1, 2019; and WHEREAS, the Apple Valley Planning Commission on June 19, 2019, recommended approval of the proposed comprehensive plan amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the proposed amendments to the Apple Valley Comprehensive Guide Plan, as attached hereto, shall be submitted to the Metropolitan Council. BE IT FURTHER RESOLVED that this amendment will be subject to further consideration of the Apple Valley City Council after the date of formal approval from the Metropolitan Council. ADOPTED this _____th day of _______, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk Cider Ridge Marketplace Project Narrative Hempel is proposing development of an approximately 7,200 square foot commercial building on an under-utilized parcel of land currently owned by Hope Church. This building, named Cider Ridge Marketplace, will bring needed goods and services in better proximity to the residents of Apple Valley. The design of the building is planned to be high-end with varying finishes including stone, metal, EIFS, a feature corner with angled glass, and incorporated public art with an “A-V” structural component. Care has been taken to design a building that has 4-sided architecture as the rear of the building will face Cedar Avenue which will also serve the purpose of screening the existing parking lot from the public right-of-way. Sidewalk connections are provided to the property from both 145th Street West and Cedar Avenue. The existing parking field will be reconfigured to accommodate the new building. A total of 109 parking spaces will remain which is approximately the same as exist today. Both buildings will meet parking code independently (7,200 SF x 85% x 6.66 = 40.79 required stalls for the new building and 195 pews / 3 pews per stall = 65 stalls required for the church) with the added benefit of the ability to share the stalls between the two parcels as peak demands will vary for the two buildings. Potential uses include medical/dental, veterinary clinic (fully contained within the building), daycare center, bank with a drive-up teller window, general office, Class III restaurant, and limited (up to 3,000 square feet) of neighborhood retail businesses. To have an economically viable project a variety of complimentary uses are necessary to ensure a good tenant mix of the building. A mix of uses is something that is preferred as medical users enjoy retail as an amenity and retail uses desire the traffic generated by medical users. A full listing of proposed uses is attached hereto as Exhibit A. The goal is a tenant mix that creates a perfect symbiotic relationship to ensure the long-term viability of the project. To facilitate the tenant mix that will make this project successful and to restrict future uses which could adversely impact the medical and office uses, we are requesting a rezone to Planned Development. Public benefits of the Planned Development include: • Economic development and tax base generate from a currently non-taxable parcel; • Temporary construction jobs and permanent job creation; • New entrepreneurial venues for small and start-up businesses; • Reduction of under-utilized parking fields and views from Cedar Avenue of such fields; • Public art installation; and • Reduction of vehicle trips by bringing necessary goods and services within walking distance of the surrounding neighborhood. We look forward to talking more about bringing this project to life. Exhibit A Permitted Uses: No structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (A) Professional and general offices; (B) Banks, savings and loan, credit unions and other financial institutions; (C) Clinics for human care limited to a maximum of 4,000 square feet each; (D) On-sale wine and/or 3.2% liquor in conjunction with a Class III restaurant facility; (E) License daycare facilities; (F) Retail operations selling personal services or goods over the counter as limited to the following uses unless otherwise specifically approved by the City Council: antiques, art and school supplies, bakeries, barbershop, beauty parlor, bicycles, books and stationery, candy, cameras and photographic supplies, catering establishments, china and glassware, clothes pressing, custom dressmaking, drugs, dry goods, florists, garden supplies, gifts, hardware, hats, hobby shops, household appliance repair, interior decorating studio (no retail furniture sales), jewelry and watch repair, laundry and dry cleaning, locksmith shops, musical instruments, paint and wallpaper, phonograph records and equipment, photography studio, shoes, sporting goods, tailoring, tanning salon, tobacco, toys, variety stores, video tape and equipment sales or rental, and wearing apparel; or (G) Class III restaurant not to exceed 2,500 square feet. Conditional Uses: No structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: (A) Funeral homes and mortuaries; (B) Radio and television studios; (C) On-sale liquor in conjunction with a restaurant facility; (D) Animal hospital or clinic when contained within a building; or (E) Drive-thru window service for bank or similar financial institution. 145TH STREET WESTGLAZIER AVENUECEDAR AVENUE(CO.RD. NO. 23)181818181818181819192021101110111011148.73214.2275.78N78°41'11"W50.87S89°58'35"W98.8440.27126.58LOT 2LOT 1PROPOSEDPROPOSEDBLOCK 1145THST. W.PROPOSED RECIPROCALEASEMENT AGREEMENTPROPOSEDRECIPROCALEASEMENTAGREEMENTPROPOSEDBUILDINGPROPOSEDEASEMENT34.2'36.1'10'PROPOSEDPARKINGS44°51'58"E66.47N89°58'28"E87.21177.00S00°04'14"WPROPOSEDTRASH ENC.S89°55'46"E54.84LEGENDUNDERGROUND ELECTRICUNDERGROUND CABLE TVUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEOVERHEAD UTILITYUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINFENCECURB [TYPICAL]CONTOURSFOUND MONUMENT AS NOTEDSET 1/2" IRON PIPEMARKED RLS NO. 25718CABLE TV PEDESTALAIR CONDITIONERELECTRIC MANHOLEELECTRIC METERELECTRIC PEDESTALELECTRIC TRANSFORMERLIGHT POLEGUY WIREPOWER POLEGAS MANHOLEGAS METERTELEPHONE MANHOLETELEPHONE PEDESTALSANITARY CLEANOUTSANITARY MANHOLECATCH BASINSTORM DRAINFLARED END SECTIONSTORM MANHOLEFIRE DEPT. CONNECTIONHYDRANTCURB STOPWATER WELLWATER MANHOLEWATER METERPOST INDICATOR VALVEWATER VALVEBOLLARDFLAG POLEMAIL BOXTRAFFIC SIGNUNKNOWN MANHOLESOIL BORINGSPOT ELEVATIONTRAFFIC SIGNALCONIFEROUS TREEDECIDUOUS TREEDENOTES EXISTINGACCESS CONTROL ASSHOWN ON RECORDPLATENGINEER:ELAN DESIGN LABSteve Johnston901 N. 3rd StreetSuite 120Minneapolis, MN 55401612-260-7982EDL19026SURVEDL26PRELIMINARYPLATCOUNTY/CITY:REVISIONS:PROJECT LOCATION:Suite #2001970 Northwestern Ave.Stillwater, MN 55082Phone 651.275.8969dan@cssurvey.netDATE REVISIONPROJECT NO.FILE NAME01-29-19 INITIAL ISSUE02-28-19 ALTA CERT.04-05-19 PRE PLAT04-15-19 REVISED LOT LINE06-11-19 REVISED LAYOUTCERTIFICATION:I hereby certify that this plan was prepared byme, or under my direct supervision, and that I ama duly Licensed Land Surveyor under the laws ofthe state of Minnesota.Daniel L. Thurmes Registration Number: 25718Date:__________________0NORTH40 80BUILDING LINEBITUMINOUS SURFACECONCRETE SURFACE02-8-19BENCHMARKSELEVATIONS BASED ON AN ASSUMED VERTICAL DATUM DERIVEDFROM GPS VALUES (NAVD 88). LOCAL SITE BENCHMARKS ARESHOWN ON SHEET 2 OF 2.UNDERGROUND UTILITIES NOTES:THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELDSURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NOGUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCHUTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYORFURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWNARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THATTHEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATIONAVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THEUNDERGROUND UTILITIES. GOPHER STATE ONE CALL LOCATE TICKETNUMBER(S) 190180106. SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIESDID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OFWHICH WE ARE UNAWARE MAY EXIST.THIS PROPERTY LIES WITHIN THE UNSHADED ZONE X, AREAS DETERMINED TOBE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AS SHOWN ON THENON-PRINTED FEMA FLOOD INSURANCE RATE MAP NUMBER 27037C0202EHAVING AN EFFECTIVE DATE OF DECEMBER 2, 2011.FLOOD INFORMATION:1. BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE DAKOTA COUNTYSURVEYORS OFFICE.2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTSPLANS PROVIDED BY THE CITY OF APPLE VALLEY.3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOTSHOWN OR LOCATED.4. SURVEY WAS PERFORMED UNDER WINTER CONDITIONS. SNOW COVER ON SITEAT THE TIME OF SURVEY FIELD WORK MAY HAVE INHIBITED OUR ABILITY TOSEE AND LOCATE OBVIOUS IMPROVEMENTS.SURVEY NOTES:EXISTING AREA:TOTAL PARCEL AREA = 314,884 SQ.FT./ 7.23 ACRES, MORE OR LESSROAD EASEMENT AREA AS SHOWN ON DAKOTA COUNTY R/W PLAT =1,238 SQ.FT.The following legal description appears on the First American Title Insurance Company, title commitment numberNCS-937676-MPLS, having an effective date of December 13, 2018:Lot 1, Block 1, HOPE ALLIANCE ADDITION, Dakota County, Minnesota.(Abstract property)EXISTING LEGAL DESCRIPTION:THERE ARE 112 VISIBLE PARKING STALLS DESIGNATED ON THIS PARCELINCLUDING 2 HANDICAP STALLS.EXISTING PARKING:EASEMENT NOTES:The following exceptions appear on the First American Title Insurance Company, title commitment number NCS-937676-MPLS, having an effectivedate of December 13, 2018:10. Easement for pipeline purposes, together with any incidental rights, in favor of Great Lakes Pipe Line Company, as contained in the Right of WayAgreement per Book 62 of Miscellaneous Records, Page 603.-The interest of Great Lakes Pipe Line Company was conveyed to Williams Brothers Pipe Line Company, a Delaware corporation by Minnesota Special Warranty Deed per Book 292 of Deeds, Page Page 610.-Partially released by Release of Right of Way Agreement per Document No. 405917.-As affected by Partial Release and Grant of Right of Way per Document No. 430328.-As affected by Partial Release of Right of Way per Document No. 599668.-As affected by Agreement recorded as Document No. 626125.-As affected b Release of Right of Way Agreement per Document No. 692468.-Subject to terms and conditions of Encroachment Agreement per Document No. 2872821, by and between Magellan Pipeline Company, L.P., a Delaware limited partnership, and Dakota County.(EASEMENT AREA DESCRIBED IN DOC. NO. 599668 SHOWN ON THE SURVEY.)11. Easement for pipe line purposes, together with any incidental rights, in favor of Great Lakes Pipe Line Company, as contained in the Right of WayAgreement per Book 246 of Deeds, Page 543.-The interest of Great Lakes Pipe Line Company was conveyed to Williams Brothers Pipe Line Company, a Delaware corporation by Minnesota Special Warranty Deed per Book 292 of Deeds, Page Page 610.-Partially released by Release of Right of Way Agreement per Document No. 405917.-As affected by Partial Release of Right of Way per Document No. 599668.-As affected by Agreement recorded as Document No. 626125.-Subject to terms and conditions of Encroachment Agreement per Document No. 2872821, by and between Magellan Pipeline Company, L.P., a Delaware limited partnership, and Dakota County.(EASEMENT AREA DESCRIBED IN DOC. NO. 599668 SHOWN ON THE SURVEY.)12. Easement for sanitary sewer purposes, together with any incidental rights, in favor of the Town of Lebanon, Dakota County, Minnesota per Book83 Miscellaneous Records, Page 175. (EASEMENT FALLS WITHIN THE CEDAR AVENUE RIGHT OF WAY. NOT SHOWN.)13. Easement for electric transmission and distribution line purposes, together with any incidental rights, in favor of Dakota Electric Association, aMinnesota incorporated cooperative assocition, as contained in the Easement per Document No. 409683.(EASEMENT FALLS WITHIN THE CEDAR AVENUE RIGHT OF WAY. NOT SHOWN.)14. Easement for public pathway purposes, together with any incidental rights, in favor of the Village of Apple Valley, Dakota County, Minnesota, aMinnesota municipal corporation, as contained in the Pathway Easement per Document No. 418833.(EASEMENT FALLS WITHIN THE CEDAR AVENUE RIGHT OF WAY. NOT SHOWN.)15. Easement for roadways, streets and utilities purposes, together with any incidental rights, in favor of the City of Apple Valley, a Minnesotamunicipal corporation, as contained in the Roadways and Streets Easement Agreement per Document No. 566227.(EASEMENT FALLS WITHIN THE 145TH STREET WEST AND GLAZIER AVENUE RIGHT OF WAY. NOT SHOWN.)16. Easement for right-of-way for roadway purposes, together with any incidental rights, in favor of the City of Apple Valley, a Minnesota municipalcorporation, as contained in the Easement Agreement per Document No. 594461.(EASEMENT FALLS WITHIN THE CEDAR AVENUE RIGHT OF WAY. NOT SHOWN.)18. Easements for drainage and utility purposes as shown on the recorded plat of HOPE ALLIANCE ADDITION recorded as Document No. 2420624.(SHOWN ON SURVEY.)19. Dakota County Road Right of Way Map No. 324 County State Aid Highway No. 23 (Cedar Avenue) per Document No. 2725922.(RIGHT OF WAY MAP LIES ADJACENT TO AND WEST OF THE WEST LINE OF THE SUBJECT PROPERTY. SHOWN ON SURVEY.)20. Easement for highway purposes, together with any incidental rights, in favor of the County of Dakota, a Minnesota political subdivision, ascontained in the Highway Easement per Document No. 2772805. (SHOWN ON SURVEY.)21. Easements for trail, drainage and utility for highway purposes, together with any incidental rights, in favor of the County of Dakota, a Minnesotapolitical subdivision per Document No. 2772806. (SHOWN ON SURVEY.)23. Easement for highway purposes, together with any incidental rights, in favor of the State of Minnesota, County of Dakota, as contained in the FinalCertificate per Document No. 3281486. (NO FINAL CERTIFICATE WAS INCLUDED IN PROVIDED DOCUMENT.)181920211110DEVELOPMENT DATA:TOTAL PARCEL AREA = 314,884 SQ.FT./ 7.23 ACRES, MORE OR LESSEXISTING ROAD EASEMENT AREA AS SHOWN ON DAKOTACOUNTY R/W PLAT = 1,238 SQ.FT.PROPOSED LOT 1 = 277,736 SQ.FT.PROPOSED LOT 2 = 35,910 SQ.FT.PROPOSED R/W DEDICATION = 1,238 SQ.FT.THE FOLLOWING REQUEST TO VACATE ALL EXISTING DRAINAGE AND UTILITYEASEMENTS COVERING THE EXISTING LOT 1, HOPE ALLIANCE ADDITION. NEWEASEMENTS WILL BE DEDICATED ON THE PROPOSED PLAT OF HOPE ALLIANCEADDITION 2ND ADDITION.Those particular Drainage and Utility Easements over all of Lot 1, Block 1, asdedicated on the plat of HOPE ALLIANCE ADDITION, Dakota County, Minnesota.EASEMENT VACATIONS:DEVELOPER:Ben KrsnakHempel Companiesdirect¬ 612.355.2608cell¬¬¬¬¬ 612.770.7545ben@hempelcompanies.comA RECIPROCAL EASEMENT AGREEMENT WILL BE DRAFTED SPELLING OUT ACCESS,PARKING, UTILITIES AND DRAINAGE. THIS DOCUMENT WILL BE RECORDED AT THETIME THE FINAL PLAT IS RECORDED.RECIPROCAL EASEMENT 1DEMOLITION PLAN1" = 20'6020Know what'sbelow. Call before you dig. RDEMOLITIONPLANC-010LEGENDDEMOLITION NOTESHEM19001I hereby certify that this plan was prepared by me,or under my direct supervision, and that I am aduly Licensed Professional Engineer under thelaws of the state of MINNESOTA.Stephen M. Johnston1891406/10/2019SITE PLANREVIEW04/22/2019NOT FORCONSTRUCTIONCIDER RIDGEMARKETPLACEAPPLE VALLEYMINNESOTAREGISTRATION NO.DATEIDS CENTER80 SOUTH 8TH STREET, SUITE 1850MINNEAPOLIS, MN 55402(612) 335-2600D E S I G NCivil Engineering | Landscape Architecture | Construction Servicesp 612.260.7980f 612.260.7990 1SITE PLAN1" = 20'6020Know what'sbelow. Call before you dig. RSITE PLANC-101SITE PLAN NOTESHEM19001I hereby certify that this plan was prepared by me,or under my direct supervision, and that I am aduly Licensed Professional Engineer under thelaws of the state of MINNESOTA.Stephen M. Johnston1891406/10/2019SITE PLANREVIEW04/22/2019NOT FORCONSTRUCTIONCIDER RIDGEMARKETPLACEAPPLE VALLEYMINNESOTAREGISTRATION NO.DATEIDS CENTER80 SOUTH 8TH STREET, SUITE 1850MINNEAPOLIS, MN 55402(612) 335-2600p 612.260.7980f 612.260.7990LEGENDPROJECT SUMMARY 1GRADING PLAN1" = 20'6020Know what'sbelow. Call before you dig. RGRADING PLANC-201HEM19001I hereby certify that this plan was prepared by me,or under my direct supervision, and that I am aduly Licensed Professional Engineer under thelaws of the state of MINNESOTA.Stephen M. Johnston1891406/10/2019SITE PLANREVIEW04/22/2019NOT FORCONSTRUCTIONCIDER RIDGEMARKETPLACEAPPLE VALLEYMINNESOTAREGISTRATION NO.DATEIDS CENTER80 SOUTH 8TH STREET, SUITE 1850MINNEAPOLIS, MN 55402(612) 335-2600p 612.260.7980f 612.260.7990GRADING NOTESNPDES AREA SUMMARY 1EROSION CONTROL PLAN1" = 20'6020Know what'sbelow. Call before you dig. REROSION CONTROLPLANC-203HEM19001I hereby certify that this plan was prepared by me,or under my direct supervision, and that I am aduly Licensed Professional Engineer under thelaws of the state of MINNESOTA.Stephen M. Johnston1891406/10/2019SITE PLANREVIEW04/22/2019NOT FORCONSTRUCTIONCIDER RIDGEMARKETPLACEAPPLE VALLEYMINNESOTAREGISTRATION NO.DATEIDS CENTER80 SOUTH 8TH STREET, SUITE 1850MINNEAPOLIS, MN 55402(612) 335-2600p 612.260.7980f 612.260.7990LEGEND 1UTILITY PLAN1" = 20'6020Know what'sbelow. Call before you dig. RUTILITY PLANC-301HEM19001I hereby certify that this plan was prepared by me,or under my direct supervision, and that I am aduly Licensed Professional Engineer under thelaws of the state of MINNESOTA.Stephen M. Johnston1891406/10/2019SITE PLANREVIEW04/22/2019NOT FORCONSTRUCTIONCIDER RIDGEMARKETPLACEAPPLE VALLEYMINNESOTAREGISTRATION NO.DATEIDS CENTER80 SOUTH 8TH STREET, SUITE 1850MINNEAPOLIS, MN 55402(612) 335-2600p 612.260.7980f 612.260.7990UTILITY NOTES 1LANDSCAPE PLAN1" = 20'6020Know what'sbelow. Call before you dig. RLANDSCAPE PLANL-101LANDSCAPE SUMMARYHEM1900106/10/2019SITE PLANREVIEW04/22/2019NOT FORCONSTRUCTIONCIDER RIDGEMARKETPLACEAPPLE VALLEYMINNESOTAREGISTRATION NO.DATEIDS CENTER80 SOUTH 8TH STREET, SUITE 1850MINNEAPOLIS, MN 55402(612) 335-2600p 612.260.7980f 612.260.7990I hereby certify that this plan was prepared by me,or under my direct supervision, and that I am aduly Licensed Landscape Architect under the lawsof the state of MINNESOTA.Pilarsinee Saraithong45059LANDSCAPE NOTESPLANT SCHEDULETREE PRESERVATION SUMMARY2ENLARGED LANDSCAPE PLAN1" = 10' CIDER RIDGE MARKETPLACEApple Valley, MinnesotaNorthwest PerspectiveApril 3, 201918-077 CIDER RIDGE MARKETPLACEApple Valley, MinnesotaSoutheast PerspectiveApril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ublic Works TO: Kathy Bodmer, Planner FROM: Brandon S. Anderson, City Engineer DATE: April 25, 2019 SUBJECT: Cider Ridge Marketplace Site Plan Review – 145th and Cedar Kathy, The following are preliminary Engineering comments regarding the Cider Ridge Marketplace Site Plan dated 06/11/2019. General 1. Drainage and utility easement shall be dedicated on final plat over all public infrastructure. 2. All work and infrastructure within public easements or right of way shall be to City standards. 3. Provide a narrative of how the buildings will be constructed and any impacts. The narrative shall include the following: a. Shoring (if applicable) b. Material Storage. c. Haul routes to and from the site. d. Phasing Permits 4. Provide a copy of the executed Encroachment Agreement with Magellan Pipeline for work occurring within easement area as indicated on plans. 5. A Dakota County Right-of-Way permit will be required for work within the Cedar Avenue right-of-way. 6. A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. 7. Underground Storm water Maintenance Agreement will be required for the privately owned storm water treatment facility. Site 8. Final site plan shall be reviewed with the construction plans and approved by City Engineer. 9. See attached Memo from SRF regarding the review of Traffic Impact Study. 10. Preliminary Plat shall indicate required 5’ and 10’ side lot easements for proposed Lot 2 block 1. 11. Additional sidewalk along the south building elevation is required by Fire Marshall. Grading, Drainage and Erosion Control 12. Provide overall site composite Curve Number (CN) on the plans. 13. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. 14. Outlet from drive-thru cannot directly discharge to Public Sidewalk or in ROW (Cedar Avenue). 15. All drainage swales and turfed areas shall be at 2% minimum slope. 16. Roof drain connections should be shown on utility plan. No direct discharge with building/roof drainage will be allowed to ROW and should be connected to storm sewer where possible. 17. 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. 18. Provide soil borings and geotechnical report for the proposed underground storm water facility. 19. Proposed curb opening for the new parking lot to the north should be directed to an infiltration basin or storm sewer. 20. Provide details of construction for proposed underground storage basin. Sanitary Sewer, Water Main and Storm Sewer 21. Final locations and sizes of Sanitary & Storm Sewer and Water main shall be reviewed with the final construction plans and approved by City Engineer. Extension of Sanitary Sewer and Water main that serve more than one lot shall be publicly owned and maintained and be constructed to City Standards. 22. Provide additional drawing showing required hydrant coverage for site along with proposed water main connections. 23. 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. 24. Direct discharge of storm water from proposed culverts/FES is not allowed. Connections to existing storm sewer should be provided. CB3 should be routed to CB2. 25. Additional Gate Valve and Hydrant will be required at the end of existing water main along 145th for future connection. Future connection should be extended outside parking lot limits in SE corner of site. Additional valve or curb stop should be provided in accordance with City standards at existing service to proposed Lot 1 Block 1. Sanitary sewer should be extended past driveway at this time to prevent driveway closure at future date to make connection. Landcape and Natural Resources 26. No major tree plantings shall be located over any underground utilities. Clusters of trees shall be used near or around these areas instead of planting in a row. 27. Plans should indicate replacement of trees removed in Cedar Avenue ROW. Memorandum ONE CARLSON PARKWAY, SUITE 150 | MINNEAPOLIS, MN 55447 | 763.475.0010 | WWW.SRFCONSULTING.COM SRF No. 01912482 To: Brandon Anderson, PE, City Engineer City of Apple Valley From: Tom Sachi, PE, Associate Matthew Pacyna, PE, Principal Date: June 14, 2019 Subject: Jardin Center Traffic Study; Apple Valley, MN Introduction SRF has completed a traffic study for the proposed Jardin Spanish Immersion daycare facility in the southeast quadrant of the Cedar Avenue/145th Street intersection in the City of Apple Valley (see Figure 1: Project Location). Additionally, this study accounts for the proposed adjacent development located approximately 250 feet east of Cedar Avenue along the north side of 145th Street. The main objectives of this study are to review existing operations within the study area, evaluate transportation impacts of the proposed and adjacent developments, and recommend any necessary improvements to accommodate the proposed development. The following information provides the assumptions, analysis, and recommendations offered for consideration. Existing Conditions Existing conditions were reviewed to establish a baseline to identify any future impacts associated with the proposed development. The evaluation of existing conditions includes turning movement counts, field observations, and an intersection capacity analysis. Data Collection Peak period intersection turning movement counts were collected at the Cedar Avenue/145th Street intersection the week of May 20, 2019 during the weekday a.m. and p.m. peak hours. In addition, observations were completed to identify roadway characteristics (i.e. roadway geometry, posted speed limits, and traffic controls) and driver behavior within the study area. Cedar Avenue, a principal arterial, is primarily a six-lane divided roadway immediately adjacent to the proposed development, while 145th Street, a local roadway, is a two-lane undivided roadway with turn lanes. The posted speed limits along Cedar Avenue and 145th Street are 45 miles per hour (mph) and 30 mph, respectivel y. The Cedar Avenue/145th Street intersection is signalized. Existing geometrics, traffic controls, and volumes are shown in Figure 2. 01912842 May 2019 Project Location Jardin Daycare Facility Traffic Study City of Apple Valley, MN Figure 1NORTHNorthH:\Projects\12000\12842\TraffStudy\Figures\Fig01_Project Location.cdrAdjacent Site Location 145th Street Cedar AvenueROAD 23 COUNTY 147th Street Project Location Glazier Avenue 01912842 May 2019 Existing Conditions Jardin Daycare Facility Traffic Study City of Apple Valley, MN Figure 2NORTHNorthH:\Projects\12000\12842\TraffStudy\Figures\Fig02_Existing Conditions.cdr (81) 115(1380) 1828(8) 14Cedar Avenue96 (212)1043 (2718)14 (15) 145th Street (104) 104 (11) 10 (95) 86 24 (31) 11 (13) 0 (3) Project Location 145th Street Cedar AvenueROAD 23 COUNTY Adjacent Site Location Glazier Avenue Brandon Anderson, PE, City of Apple Valley June 14, 2019 Jardin Center Traffic Study Page 4 Intersection Capacity Analysis An existing intersection capacity analysis was completed for the weekday a.m. and p.m. peak hours to establish a baseline condition to which future traffic operations can be compared. Study intersections were analyzed using Synchro/SimTraffic (Version 9). Capacity analysis results identify a Level of Service (LOS), which indicates the quality of traffic flow through an intersection. Intersections are given a ranking from LOS A through LOS F. The LOS results are based on average delay per vehicle, which correspond to the delay threshold values shown in Table 1. LOS A indicates the best traffic operation, with vehicles experiencing minimal delays. LOS F indicates an intersection where demand exceeds capacity, or a breakdown of traffic flow. Overall intersection LOS A through LOS D is generally considered acceptable in the Twin Cities Metro Area. Table 1 Level of Service Criteria for Signalized and Unsignalized Intersections LOS Designation Signalized Intersection Average Delay/Vehicle (seconds) Unsignalized Intersection Average Delay/Vehicle (seconds) A ≤ 10 ≤ 10 B > 10 - 20 > 10 - 15 C > 20 - 35 > 15 - 25 D > 35 - 55 > 25 - 35 E > 55 - 80 > 35 - 50 F > 80 > 50 For side-street stop controlled intersections, special emphasis is given to providing an estimate for the level of service of the side-street approach. Traffic operations at an unsignalized intersection with side-street stop control can be described in two ways. First, consideration is given to the overall intersection level of service. This accounts for the total number of vehicles entering the intersection and the capability of the intersection to support these volumes. Second, it is important to consider the delay on the minor approach. Since the mainline does not have to stop, the majority of delay is attributed to the side-street approaches. It is typical of intersections with higher mainline traffic volumes to experience high levels of delay (i.e. poor levels of service) on the side-street approaches, but an acceptable overall intersection level of service during peak hour conditions. Results of the existing intersection capacity analysis shown in Table 2 indicate that the study intersections currently operate at an acceptable overall LOS B during the a.m. and p.m. peak hours with the existing geometric layout and traffic controls. No significant delay or queuing issues were identified. Note the existing westbound right-turn 95th percentile queue is approximately 30 feet with average westbound delays of 20 seconds. Table 2 Existing Intersection Capacity Analysis Intersection A.M. Peak Hour P.M. Peak Hour LOS (Delay) LOS (Delay) Cedar Avenue and 145th Street B (13 sec.) B (16 sec.) Brandon Anderson, PE, City of Apple Valley June 14, 2019 Jardin Center Traffic Study Page 5 Year 2021 Build Conditions To determine any impacts associated with the proposed development, year 2021 build conditions were reviewed. The year 2021 build conditions account for historical general area background growth, as well as the proposed and adjacent developments. Background Traffic Growth To account for general background growth in the area, an annual growth rate of one (1) percent was applied to the existing peak hour traffic volumes to develop year 20 21 background traffic forecasts. This growth rate is generally consistent with historical trends within the study area and future growth projections for Dakota County. Proposed and Adjacent Development The proposed development, shown in Figure 3, is an approximate 12,000 square foot (SF) Jardin Spanish Immersion daycare facility that can accommodate 138 students. A driveway is proposed along Glazier Avenue located approximately 625 feet south of 145th Street. Additionally, shown in Figure 4, there is a proposed adjacent development located along the curve where 145th Street changes to Glazier Avenue, approximately 250 feet east of Cedar Avenue. This development consists of a 2,400 SF bank, 1,200 SF coffee shop without a drive through, and a 3,600 SF retail space. Trip Generation To account for traffic impacts associated with the proposed and adjacent development, a trip generation estimate for the weekday a.m. and p.m. peak hours, as well as on a weekday daily basis were developed. This trip generation estimate was developed using the Institute of Transportation Engineers (ITE) Trip Generation Manual, Tenth Edition. Results of the trip generation estimate, shown in Table 3, indicate the proposed development is expected to generate approximately 108 a.m. peak hour, 109 weekday p.m. peak hour, and 564 daily trips to/from the site. Table 3 Trip Generation Estimate Land Use Type (ITE Code) Size Weekday A.M. Peak Hour Trips Weekday P.M. Peak Hour Trips Weekday Daily Trips In Out In Out Proposed Development Day Care Center (565) 138 Students 57 51 51 58 564 Adjacent Development Drive-in Bank (912) 2,400 SF 13 10 25 25 240 Coffee Shop W/Out Drive Through (936) 1,200 SF 62 59 22 22 1,060(1) Shopping Center (820) 3,600 SF 2 1 7 7 136 Total Adjacent Development Site Trips 77 70 53 53 1,436 Pass-By Trip Reductions (-57) (-57) (-27) (-27) (-1,015) Total Adjacent Development New Network Trips 20 13 26 26 421 (1) Estimated based on peak hour percentages of Coffee Shop with Drive Through Existing Building 14605 Glazier AvenueExisting pathCedar AvenueTrash Enclosure Glazier AvenueNew Property Line R 1 5' - 0"Proposed Jardin Spanish Immersion Academy Facility Playground 1,550 sf Playground 1,450 sf Parking lot with (28) stalls Property LineParking SetbackBuilding SetbackStormwater pond Stormwater pond R 1 5 ' - 0 "R 5' - 0"Trash Enclosure290' - 3 3/4"30' - 0"20'-0"10'-0"30' - 0" 50' - 0"Existing Property LineNew Property Line20' - 0" 10' - 0"136' - 5"10'-2"15'-0"15'-07/8"135' - 5"(6) parking stalls (6) parking stalls(11) parking stalls (5) parking stalls24' - 5 3/8"24' - 0"86' - 11 5/8"6' - 8"3' - 4 3/4"45' - 8 1/4"15' - 9 1/4"50' - 3 5/8"0"6' - 8 3/4"11' - 6 1/8"127' - 9 5/8" 270'-9 1/2" 71' - 7 3/4"8' - 8 1/4"18' - 6"24' - 0"8' - 10"24' - 0"18' - 6"5'-0"2-Story Building: 12,194 GSF (Exterior face of exterior walls) Building footprint: 6,097 SF (Exterior face of exterior walls) Extend concrete sidewalk to existing sidewalk Parking Setback Building Setback Typ9' - 0"Prefinished metal picket fence, 6'-0" high 18' - 6"24' - 0"35' - 0"24' - 0"18' - 6"Concrete sidewalk CS04J2 CS04 J6 CS04 J9 CS04 J12 99' - 0" 270'-8 7/8"Stormwater pondPrefinished vinyl solid fence, 6'-0" highNORTHNorth 01912842 May 2019 Development Site Plan Figure 3H:\Projects\12000\12842\TraffStudy\Figures\Fig03_Development Site Plan.cdrJardin Daycare Facility Traffic Study City of Apple Valley, MN 1 SITE PLAN 1" = 20' 6020 Know what's below. Call before you dig. R SITE PLAN C-101 SITE PLAN NOTES HEM19001 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the state of MINNESOTA. Stephen M. Johnston 18914 05/28/2019 SITE PLAN REVIEW 04/22/2019 NO T F OR C ONSTRU C T I O N CIDER RIDGE MARKETPLACE APPLE VALLEY MINNESOTA REGISTRATION NO. DATE IDS CENTER 80 SOUTH 8TH STREET, SUITE 1850 MINNEAPOLIS, MN 55402 (612) 335-2600 D E S I G N Civil Engineering | Landscape Architecture | Construction Services p 612.260.7980 f 612.260.7990 LEGEND PROJECT SUMMARYNORTHNorth 01912842 May 2019 Adjacent Development Site Plan Figure 4H:\Projects\12000\12842\TraffStudy\Figures\Fig04_Adjacent Development Site Plan.cdrJardin Daycare Facility Traffic Study City of Apple Valley, MN Brandon Anderson, PE, City of Apple Valley June 14, 2019 Jardin Center Traffic Study Page 8 Results of the trip generation estimate for the proposed adjacent development, also shown in Table 3, indicate the proposed adjacent development is expected to generate approximately 147 a.m. peak hour, 106 weekday p.m. peak hour, and 1,436 daily trips to/from the site. When accounting for motorists already traveling along Cedar Avenue or 145th Street that will now divert their trip to the proposed adjacent development (i.e. pass-by trips), the net new system impact to the adjacent roadways is expected to be approximately 33 weekday a.m. peak hour, 52 weekday p.m. peak hour, and 416 weekday daily trips. This estimate does not include any multi-use or modal reductions to account for patrons that live or work within walking distance to provide a conservative assessment. Trips generated by the proposed and adjacent developments were distributed to the study area based on the directional distribution shown in Figure 5, which was developed based on existing travel patterns. The year 2021 build condition traffic forecasts are shown in Figure 6. Intersection Capacity Analysis To determine if the existing roadway network can accommodate year 2021 build conditions, a detailed intersection capacity analysis was completed. Results of the year 2021 build condition intersection capacity analysis shown in Table 4 indicate that all study intersections and proposed access locations are expected to operate at an acceptable overall LOS C or better during the weekday a.m. and p.m. peak hours. Table 4 Year 2021 Build Intersection Capacity Analysis Intersection A.M. Peak Hour P.M. Peak Hour LOS (Delay) LOS (Delay) Cedar Avenue and 145th Street B (16 sec.) C (20 sec.) 145th Street and Adj. Dev. Access (1) A/A (9 sec.) A/A (9 sec.) Glazier Avenue and Jardin Access (1) A/A (9 sec.) A/B (10 sec.) (1) Indicates an unsignalized intersection, where the overall LOS is shown followed by the worst side-street approach LOS. The delay shown represents the worst side-street approach delay. During both the a.m. and p.m. peak hours, 95th percentile westbound right-turn queues at the Cedar Avenue and 145th Avenue intersection are expected to increase by 20 feet (i.e. approximately one (1) vehicle) to a total of 50 feet, but are still expected to be accommodated within the existing turn lane storage and are not expected to impact operations along 145th Street. The average westbound delays at the Cedar Avenue and 145th Street intersection are expected to increase between seven (7) and nine (9) seconds during the a.m. and p.m. peak hours, respectively. 95th percentile internal queues for vehicles exiting both the proposed and adjacent developments are expected to be approximately two (2) vehicles during the peak periods and are not expected to impact internal site circulation. Note that the 95th percentile queues along 145th Street for vehicles entering the adjacent development are expected to be between 20 and 30 feet, or one (1) to two (2) vehicles. This is not expected to significantly impact operations along 145th Street. No mitigation is necessary to accommodate the proposed developments from a roadway capacity perspective. 01912842 May 2019 Directional Distribution Jardin Daycare Facility Traffic Study City of Apple Valley, MN Figure 5NORTHNorthH:\Projects\12000\12842\TraffStudy\Figures\Fig05_Directional Distribution.cdr145th Street Cedar AvenueROAD 23 COUNTY 147th Street Glazier Avenue20%40%10 %30%Existing Building14605 Glazier Avenue Trash Enclosure New Property Line R15'-0" Proposed Jardin Spanish Immersion Academy Facility Playground1,550 sf Playground1,450 sf Parking lot with (28) stalls Property LineParking SetbackBuilding SetbackStormwater pond Stormwater pond R15'-0" R5'-0"Trash Enclosure 30' - 0"20'-0"10'-0"30' - 0" 50' - 0"New Property Line20' - 0" 10' - 0"10'-2"15'-0"15'-07/8" (6) parking stalls (6) parking stalls(11) parking stalls (5) parking stalls6' - 8"3' - 4 3/4"45' - 8 1/4"15' - 9 1/4"50' - 3 5/8"0"6' - 8 3/4"11' - 6 1/8"127' - 9 5/8" 270'-91/2" 71' - 7 3/4"8' - 8 1/4"18' - 6"24' - 0"8' - 10"24' - 0"18' - 6"5'-0"2-Story Building: 12,194 GSF(Exterior face of exterior walls) Building footprint: 6,097 SF(Exterior face of exterior walls) Parking Setback Building Setback Typ9' - 0"Prefinished metal picket fence, 6'-0" high 18' - 6"24' - 0"35' - 0"24' - 0"18' - 6"Concrete sidewalk CS04J2 CS04 J6 CS04 J9 CS04 J12 99' - 0" 270'-87/8"Stormwater pondPrefinished vinyl solid fence, 6'-0" high 01912842 May 2019 2021 Build Conditions Jardin Daycare Facility Traffic Study City of Apple Valley, MN Figure 6NORTHNorthExisting Building 14605 Glazier Avenue Trash Enclosure New Property Line R 1 5 '-0 "Proposed Jardin Spanish Immersion Academy Facility Playground 1,550 sf Playground1,450 sf Parking lot with (28) stalls Property LineParking SetbackBuilding SetbackStormwater pond Stormwater pond R1 5'- 0 " R 5'-0"Trash Enclosure 30' - 0"20'-0"10'-0"30' - 0" 50' - 0"New Property Line20' - 0" 10' - 0"10'-2"15'-0"15'-07/8"(6) parking stalls (6) parking stalls(11) parking stalls (5) parking stalls6' - 8"3' - 4 3/4"45' - 8 1/4"15' - 9 1/4"50' - 3 5/8"0"6' - 8 3/4"11' - 6 1/8"127' - 9 5/8" 270'-91/2" 71' - 7 3/4"8' - 8 1/4"18' - 6"24' - 0"8' - 10"24' - 0"18' - 6"5'-0"2-Story Building: 12,194 GSF (Exterior face of exterior walls) Building footprint: 6,097 SF (Exterior face of exterior walls) Parking Setback Building Setback Typ9' - 0"Prefinished metal picket fence, 6'-0" high 18' - 6"24' - 0"35' - 0"24' - 0"18' - 6"Concrete sidewalk CS04J2 CS04 J6 CS04 J9 CS04 J12 99' - 0" 270'-87/8"Stormwater pondPrefinished vinyl solid fence, 6'-0" high H:\Projects\12000\12842\TraffStudy\Figures\Fig06_2021 Build Conditions.cdr (85) 120(1400) 1845(40) 55Cedar Avenue 100 (220)1045 (2765)65 (75) 145th Street (110) 110 (35) 35 (100) 90 70 (75) 35 (35) 35 (35) 145th Street Cedar AvenueROAD 23 COUNTY (10) 10(50) 35Glazier Avenue55 (45)40 (55) Site Access (55) 50 (10) 5 Glazier Avenue65 (50)10 (5) 145th Street (50) 70 (95) 80 10 (5) 75 (100)Glazier AvenueAdjacent Site Access Brandon Anderson, PE, City of Apple Valley June 14, 2019 Jardin Center Traffic Study Page 11 Public Roadway Systems Impact The daily traffic expected to be generated by the proposed and adjacent development is expected to be approximately 2,000 daily trips. Of these 2,000 daily trips, it is assumed that approximately 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 Cedar Avenue and 145th Street. Information in Table 5 details how expected daily trips generated by the proposed development are anticipated to be distributed to area roadways. The following items are noted: There is expected to be a less than one (1) percent increase in traffic along Cedar Avenue north and south of the proposed/adjacent development sites. There is expected to be an approximately 10 percent increase in traffic along 145th Street/Glazier Avenue west and south of the proposed/adjacent development sites. Table5: Public Roadway System Impacts Roadway Segment Existing AADT Estimated AADT Increase Proposed Future AADT Percent Change in AADT Cedar Avenue N of 145th Street 49,000 800 (-410 pass-by 49,390 0.8% Cedar Avenue S of 145th Street 48,000 600 (-405 pass-by) 48,195 0.4% 145th Street W of Cedar Avenue 3,150 400 (--100 pass-by) 3,450 9.5% Glazier Avenue S of 145th Street 1,000 200 (-100 pass by) 1,100 10% Parking Analysis A parking analysis was completed to determine if the proposed development’s parking supply of 28 spaces is expected to be sufficient to accommodate the expected parking demand based on the ITE Parking Generation Manual, 5th Edition. Both the average and 85th percentile parking demand rates were reviewed. The parking analysis indicates the following parking demand results: ITE Average Parking Demand: 33 spaces ITE 85th Percentile Demand: 47 spaces These parking demand rates would result in a deficit between five (5) and 19 spaces. However, based on previous experience with the Jardin Center, there is typically a portion of staff that utilize ride- share and public transportation. It should be noted that the Red Line Bus Rapid Transit (BRT) station is located immediately adjacent to the development along Cedar Avenue. Brandon Anderson, PE, City of Apple Valley June 14, 2019 Jardin Center Traffic Study Page 12 This transit usage would be expected to reduce the staff parking demand at the site, which can help alleviate the need for on-street parking. Additionally, based on observations at other Jardin sites within the Twin Cities, parent pick-up/drop-off is expected to be evenly distributed over the course of the peak hour, which may reduce the peak parking demand and reduce the need for on-street parking usage. If on-street parking is necessary, there is expected to be sufficient available on-street parking located along Glazier Avenue. A preliminary review indicates that there are approximately 25 on-street parking spaces located within 300 feet of the proposed site that are not heavily used during Jardin peak times. It is recommended that staff would utilize the on-street parking to allow for parent pick-up/drop-off to occur on site. Note that City Code mandates 25 parking stalls, meaning the proposed supply of 28 stalls provided is sufficient to meet City Code. Site and Access Review A review of the proposed site plan was completed to identify any issues and recommend potential improvements with regard to sight distance, traffic controls, and circulation. Based on field observations, there is adequate sight distance at the proposed Glazier Avenue Access to clearly identify approaching vehicles. Special consideration should be made to limit any sight distance impacts from adjacent trees, future landscaping, and signing. In terms of internal parking lot circulation, arrows could be added to allow for counter-clockwise flow only around the central landscaping island. This would help minimize confusion during busy pick-up/drop-off times. Conclusions and Recommendations The following study conclusions and recommendations are offered for consideration: 1) Study intersections currently operate at an acceptable overall LOS B during the a.m. and p.m. peak hours. 2) The proposed development is expected to generate approximately 108 a.m. peak hour, 109 p.m. peak hour, and 564 daily trips to/from the site. 3) The proposed adjacent development is expected to generate approximately 147 a.m. peak hour, 106 p.m. peak hour, and 1,436 daily trips to/from the site. a. When accounting for motorists already traveling along Cedar Avenue or 145th Street that will now divert their trip to the adjacent development (i.e. pass-by trips), the net new impact to adjacent roadways is expected to be approximately 33 a.m. peak hour, 52 p.m. peak hour, and 416 daily trips. 4) All study intersections and proposed access locations are expected to operate at an acceptable overall LOS C or better during the a.m. and p.m. peak hours under year 2021 build conditions. Brandon Anderson, PE, City of Apple Valley June 14, 2019 Jardin Center Traffic Study Page 13 a. Westbound right-turning queues at the Cedar Avenue and 145th Street intersection are still expected to be accommodated within the existing turn-lane storage. 5) The parking analysis indicates the following demand: a. ITE Average Parking Demand: 33 spaces b. ITE 85th Percentile Demand: 47 spaces 6) These parking demand rates would result in a deficit between five (5) and 19 spaces. a. However, based on previous experience with the Jardin Center, there is typically a portion of staff that utilize ride-share and public transportation. There is expected to be sufficient available on-street parking located along Glazier Avenue if an on-site parking deficit occurs. b. A preliminary review indicates that there are approximately 25 on-street parking spaces located within 300 feet of the proposed site. 7) It is recommended that staff would utilize on-street parking to allow for parent pick-up/drop-off to occur on site. 8) City Code mandates 25 parking stalls, which indicates that the proposed supply of 28 stalls is sufficient to meet City Code. City of MEMO Building Inspections TO: Kathy Bodmer, Planning FROM: George Dorn, Building Official DATE: April 16, 2019 SUBJECT: 7477 145th Street Cider Ridge Marketplace 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. The allowable area and building heights will be determined once the code analysis has been completed. A grease interceptor may be required for this project per City Ordinance Chapter 51.08 (B) (d) based on type of occupancies leased. Platting of the property lines must be completed prior to permit issuance. Per MSAC 502.4.4, the access aisles for the accessible areas shall be marked with a designation sign that says “no parking. Review areas under consideration for accessible parking areas. Apple Valley Fire Department MEMO City of Apple Valley TO: Kathy Bodmer- Planner FROM: Brian Kilmartn, Fire Marshal DATE: 2nd February 2019 SUBJECT: Cider Ridge Market Place Kathy, my comments are as follows, -The newly constructed building will need a Fire Suppression System along with a Fire Alarm system installed. -In the exhibits submitted there needs to be proof that a 47 foot fire truck can access the site. Brian Kilmartin Apple Valley Fire Marshal bkilmartin@applevalleyfire.org Resident Correspondence From: Lizzie Phelps <laughinglady32@yahoo.com> Sent: Wednesday, May 1, 2019 3:41 PM To: Murphy, Joan <JMurphy@ci.apple-valley.mn.us> Subject: Re: Petition of Hope Church C&M Alliance and Hempel Companies for rezoning & conditional use Dear City of Apple Valley Planning Department members and others whom It may concern, This message is to note my concerns regarding the petition of Hope Church C &M Alliance and Hempel Companies for the rezoning and conditional use of the Hope Church property. I have some considerations to express both as a direct neighbor of the church and as an Apple Valley resident. I have itemized my considerations below. 1- The intersection of Cedar and 145th Street West is a somewhat popular place for U -Turns. Individuals traveling South on Cedar Avenue often perform a U-Turn at the intersection of 145th Street West, and then proceed to head North on Cedar Avenue. (The frequency of these U-Turns increased after the intersection changes were completed for the Red Line Cedar Avenue roadway construction). If this resolution passes and the 7200 square foot structure is built on the Hope Church property, there will be more traffic at the intersection of Cedar and 145th Street West. Increased commercial property traffic leaving the Hope Church site that turn right to head North on Cedar could potentially collide with individuals performing the aforementioned Cedar Avenue U-Turns at the intersection. 2- I was pleased to be a direct neighbor of Hope Church. As a church neighbor, there is a reasonable expectation of the enhanced quality of that neighbor. In other words, they are quiet neighbors and embody values important to the community. The same expectations do not exist for commercial neighbors. Naturally, I am not pleased about the prospect of increased noise and traffic in my direct neighborhood. Importantly, aside from the proposal of a bank teller drive-thru structure, the other tenants of the proposed structure are unknown. If the 0.8-acre church parcel is sold, there is quite a spectrum of unfavorable business that fall under the category of "professional office and neighborhood retail uses." Indeed, I would not want or choose to be neighbor to a number of businesses, and some could potentially drop my property value due to noise, traffic, or other considerations. 3- In general, Apple Valley has had several recent constructions that are physically close to the sidewalks of heavily-trafficked roadways in Apple Valley. These newer constructions obstruct the skyline view and the sun because they are so close to the street. They also create windy conditions for anyone walking on the ground near the buildings. Aesthetically speaking, I personally find them unpleasing due to their obstructive nature and very close proximity to the roadways. My understanding is that the proposed structure to be built on Hope Church's property is approximately 20 feet tall. While it may not be as obstructive as other multi-story projects, it still would be unfavorably close to the sidewalk. Thank you for your consideration, Kara Steinmetz Site Photos April 26, 2019 From southwest corner looking north along Cedar Ave Northwest corner looking south along Cedar Ave Northwest corner looking east DRAFT FOR PLANNING COMMISSION DISCUSSION CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE REZONING CERTAIN LAND AND AMENDING CHAPTER 155 OF THE CITY CODE BY ADDING ARTICLE ___, ESTABLISHING PLANNED DEVELOPMENT DESIGNATION NO. _____, IN THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA The City Council of Apple Valley Ordains: Section 1. The City of Apple Valley official zoning map is amended to include under Planned Development Designation No. ____: Zone 1: Preliminary Platted as Lot 2, Block 1 HOPE ALLIANCE 2ND ADDITION Section 2. Apple Valley City Code, Chapter 155, Appendix F, Article ___, is amended by adding Article A___ to Chapter 155 as follows: ARTICLE A____. PLANNED DEVELOPMENT DESIGNATION NO. _____. § A____-1 PURPOSE. The purpose of this designation is to amend the zoning chapter by establishing specific performance standards in compliance with § § 155.260 through 155.271 for property so designated on the official zoning map. This zoning district is located at the periphery of a residential neighborhood and is intended to provide a limited range of office, professional service and neighborhood service uses. § A_____-2 PERMITTED USES. (A) Zone 1: Within this zone, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (1) Professional and general offices. (2) Banks, savings and loan, credit unions and other financial institutions. (3) Clinics for human care limited to a maximum of 4,000 square feet each. (4) Class III restaurant not to exceed 2,500 square feet with no drive-thru. (5) On-sale wine and/or 3.2% liquor in conjunction with a Class III restaurant facility. (6) The following neighborhood service uses as limited to the following uses, unless otherwise specifically approved by the City Council: art and school supplies in connection with an art studio, lab or maker space; bakeries; barbershop and hair salons; DRAFT FOR PLANNING COMMISSION DISCUSSION 2 custom dressmaking and tailoring; dry cleaning “Drop and Go” (no drive-thru or on-site treatment permitted); florists (no exterior display, storage or cultivation); interior decorating studio (no on-site retail furniture sales); jewelry and watch repair; locksmith shop; music and musical instrument instruction; photography studio; pottery studio; shoe repair; toys/candy made on site; and electronic device repair and service for computers, cell phones, tablets, gaming consoles, drones and similar devices limited to 2,500 sq. ft. § A_____-3 CONDITIONAL USES. (A) Zone 1. No structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: (1) Funeral homes and mortuaries (no on-site crematory). (2) Animal hospital or clinic when contained within a building (no outdoor pet relief area). (3) Drive-thru window service for bank or similar financial institution (limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, no Sunday hours). No 24-hour drive-up ATMs permitted. (4) License daycare facility. (5) Health or fitness facility, day spa or yoga studio provided all activities are conducted inside the building. No outdoor cross-training or similar outdoor classes or training allowed on the premises. § A_____-4 PERMITTED ACCESSORY USES. (A) Zone 1. Within this zone, the following uses or uses deemed similar by the City Council shall be permitted accessory uses: (1) Off-street parking, refuse storage and loading spaces, as regulated by this chapter. (2) Buildings, trailers, unscreened trash dumpsters, or portable storage units temporarily located on the subject lot only for the purposes of construction on the premises for a period of time not to exceed time necessary for such construction. Trash dumpsters shall be removed from the subject lot when full. (3) Public telephone booths and other essential public service facilities provided all yard requirements are met. (4) Outdoor dining area, subject to the regulations set forth in this chapter. DRAFT FOR PLANNING COMMISSION DISCUSSION 3 § A_____-5. MINIMUM BUSINESS AREA STANDARDS AND REQUIREMENTS. (A) The following standards and requirements shall be met. No improvements shall be placed on such lands unless the lands to be so used or improved shall meet the following minimum area and dimensional requirements: (1) TABLE OF MINIMUM AREA REQUIREMENTS AND STANDARDS. Zone 1 Minimum Lot Dimensions Lot Area (square feet) 10,000 Lot Width (feet) 100 Minimum Building Setbacks Along principal or minor arterial streets (feet) 25 Along all other streets (feet) 14 Minimum Parking Setbacks Along principal or minor arterial streets (feet) 10’ Along all other streets (feet) 0’ Maximum Building Coverage Coverage of lot (percentage) 20 Maximum Building Height (feet) 25 (2) Lighting; see 155.353 (3) Off-street loading; see § 155.354 (4) Building Design and Screening; see § § 155.346 and 155.348 (5) Landscaping; see § 155.349 (6) Parking; see § § 155.370 through 155.379 § A_____-6. SPECIAL PERFORMANCE STANDARDS (A) In order to ensure a properly integrated design within the planned development, special performance standards have been established. (1) Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. (2) No overnight parking of service vehicles. (3) No outside storage of merchandise or materials. DRAFT FOR PLANNING COMMISSION DISCUSSION 4 Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ____, a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Filing. The City Clerk shall file a copy of this ordinance in her office, which copy shall be available for inspection by any person during regular office hours. Section 5. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Section 6. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. DRAFT FOR PLANNING COMMISSION DISCUSSION 5 PASSED by the City Council this _____th day of ______, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk DRAFT FOR PLANNING COMMISSION DISCUSSION CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE REZONING CERTAIN LAND AND AMENDING CHAPTER 155 OF THE CITY CODE BY ADDING ARTICLE ___, ESTABLISHING PLANNED DEVELOPMENT DESIGNATION NO. _____, IN THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA The following is the official summary of Ordinance No. ____ approved by the City Council of Apple Valley on _______ ___, 2019 Lot 2, Block 1, HOPE ALLIANCE 2ND ADDITION, is rezoned from “P” (Institutional) to Planned Development Designation No. _______. Chapter 155 of the City Code is amended by adding Article A____ establishing PD- _____ which provides a limited range of office, professional service and neighborhood service uses. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 - 147th Street West, Apple Valley, Minnesota 55124. 8/6/2019 1 Cider Ridge Marketplace City Council Meeting August 8, 2019 Location Map –7477 –145th St. W. 8/6/2019 2 Requested Action Authorize submission of comprehensive plan amendment to Met Council Subsequent City Council Meeting 1.Comprehensive Plan Amendment 2.Rezoning 3.Subdivision by Preliminary Plat 4.Conditional Use Permit 5.Site Plan Review/Building Permit Authorization Comp Plan •Existing •Proposed •Proposed C 8/6/2019 3 2040 Comprehensive Plan •Downtown redevelopment should promote a sense of place: utility, activity and careful design •Protect residential neighborhoods through buffering •Limited business designation: Excludes retail activities Building operations generally limited to weekdays. Site Plan 8/6/2019 4 Color Rendering Northwest Planning Commission Recommendation At its meeting of June 19, 2019, the Apple Valley Planning Commission voted unanimously to recommend approval of the project with conditions. •Adopt Resolution Authorizing Submission of Comprehensive Plan Amendment to Metropolitan Council Re‐Designating Lot 2, Block 1 Hope Alliance 2nd Addition, from "INS" (Institutional) to "C" (Commercial) 8/6/2019 5 Questions? I T E M: 5.B . C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:Regular Agenda Description: P ass Ordinance A mending P D-290, Zone 5, to A llow a Health Club, F itness F acility, Day Spa or Yoga S tudio as a Permitted Use (Recommend waiving second readi ng) S taff Contact: K athy Bodmer, A I C P, P lanner D epartment / Division: C ommunity D evelopment Department Applicant: 14750 Cedar, L L C . P roject Number: P C19-12-Z Applicant Date: 6/19/2019 60 Days: 8/18/2019 120 Days: 10/17/2019 AC T I O N RE Q UE S T E D: Pass ordinance amending P D-290, Zone 5, to allow a health club, fitness facility, day spa or yoga studio as a permitted use. (Recommend waiving second reading.) S UM M ARY: 14750 C edar Ave, LLC , the owners of the approved A pple Valley C rossroads site (formerly Ryan Real Estate) at 14750 C edar Avenue, are moving forward with the redevelopment project. T he owners are in the process of leasing up the building and would like to include Tough Mudder Bootcamp, a "studio fitness facility" as a tenant. An amendment would be needed to the zoning district, PD -290, Zone 5, in order to allow a health club, fitness facility, day spa or yoga studio. B AC K G RO UND : T he current zoning, PD-290, Zone 5, was modeled after the "LB" (Limited Business) zoning designation which allows primarily professional office buildings, banks, and restaurants. Zone 5 does not allow for retail sales. T he petitioner states that a maximum of 40 people, including club members and staff, will use the facility at any one time. T he parking calculation indicates that the number of parking spaces required is 92 for the entire site and that 100 spaces are proposed. A fitness facility may be viewed as a service to nearby employees in nearby office buildings. T his type of fitness facility is described by the applicant as follows: Tough Mudder Bootcamp ( T MB ) is a subset of the fitness category known as Studio Fitness. Studio Fitness is generally considered to be group fitness based classes conducted in a small format location (less than 4,000sf). T hey typically have limits on class size and are held at scheduled times throughout the day. T hey often allow for (or even require) advance reservation for a space in the class. T MB currently has a max class size of 24 plus 3 staff. We would want to be able to increase that up to a 36 person class and 4 staff. T he City approved the site plan/building permit authorization at its August 9, 2018, meeting. T he site plan has been slightly modified from the previous approval. T he plans remain unchanged in that the existing real estate/multiple-tenant office building is to be removed and replaced with a 11,200 square foot multiple-tenant building. However, the coffee shop and drive-thru lane are no longer part of the plan. Instead, the multiple-tenant building is proposed to have a dental clinic, barber shop, and Mexican restaurant. T he petitioners would like to include a 3,200 sq. ft. Tough Mudder fitness facility as one of the tenants in the building. P lanning C ommission Recommendation: At its meeting of J uly 17, 2019, the A pple Valley Planning C ommission voted unanimously to recommend approval of the ordinance amendment with the following motion: Recommend approval of the draft ordinance amending PD-290, Zone 5, to allow a Health C lub, Fitness Facility, D ay Spa or Yoga Studio as a permitted use. B UD G E T I M PAC T: N/A AT TAC HM E NT S: L ocation Map Z oning Map Aerial Photo Ordinance Site P lan R eport Presentation "W"W SITE 147TH ST W 150TH ST WCEDAR AVEGLENDA DR1 4 9 T H S T W GLAZIER AVEGRANADA AVE148TH ST W 146TH ST W FRONTAGE RDGRANADA DRUPPER 146TH ST W GLEASON PATHCEDAR AVE150TH ST W GLAZIER AVETOUGH MUDDERZONING AMENDMENT µ LOCATION MAP ^ SITE P P P LB RB RB GB RB LB GB RB GB RB GB RB RB LB RB GBLB RB RBR-3 R-3R-3 R-3 M-5C M-8C PD-541 PD-290 PD-244 PD-290 PD-290 PD-244 147TH ST W 150TH ST WCEDAR AVEGLENDADR145TH ST W PENNOCK AVEGA RRETTAVE149TH ST WGRANADADR GLAZIER AVEGRANADA AVEPENNOCKLN148TH ST W 146TH WAY W 151ST ST W 146TH ST W FRONTAGE RD HOOVER LNG E NESEEAVE UPPER 146TH ST W GLEASON PATHGARRETT AVE150TH ST W CEDAR AVE145TH ST W 1 3 4 1 1 1 22 2 2 1 5 1 3 1 4B µ TOUGH MUDDERZONING AMENDMENT ZONING MAP ^ OBLIQUE AERIAL SITE CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY AMENDING CHAPTER 155--APPENDIX F ARTICLE 2, OF THE CITY CODE REGULATING PLANNED DEVELOPMENT 290 The City Council of Apple Valley Ordains: Section 1. Apple Valley City Code, Chapter 155, Appendix F, Article 2, is amended by adding Section A2-2 (E)(2) to read as follows: § A2-2 PERMITTED USES. * * * * (E) Zone 5: Within this zone, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council: (2) Health club, fitness facility, day spa or yoga studio. Section 2. Filing. The City Clerk shall file a copy of this ordinance in her office, which copy shall be available for inspection by any person during regular office hours. Section 3. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Section 4. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. PASSED by the City Council this _____th day of _________, _______. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk RESTAURANT±2,427 SFSALON / BARBER±1,377 SFDENTAL FACILITY±3,633 SFGYM / FITNESSFACILITY±3,229 SFRETAIL±1,075 SF147TH STREET404040303030 30GLAZIER AVENUECEDAR AVENUE 75 75 PUBLICLY DEDICATEDBITUMINOUS ROADWAYPUBLICLY DEDICATEDBITUMINOUS ROADWAYPUBLICLY DEDICATEDBITUMINOUS ROADWAY(C.S.A.H. NO. 23)BM#1TNH:956.68BM#2TNH:955.99BEGIN B618 CURBEND B618 CURBN20° 17' 43.59"E162.00'L=149.018, R=428.690D=19.9167N89° 37' 16.41"W201.76'AAB D DHA AB IKK N K EP F15.0'CHOJJMMGGG KGJ C JKKGKCCCLHGCCJJJ1212 8 187 47618 8 OFF-SITE PAVEMENT STRIPINGIMPROVEMENTS. SEE SHEET C3.2.OFF-SITE PAVEMENT STRIPINGIMPROVEMENTS. SEE SHEET C3.2.PROPOSED OFF-SITE STREETSCAPEIMPROVEMENTS. SEE BLOW-UP DETAILON SHEET C3.1.N62° 05' 00.59"E 56.66'S69° 42' 16.41"E 88.00'N0° 08' 13.59"E 3.68'L=145.755, R=433.690D=19.2561 OKS89° 51' 46.41"E 15.00' N0° 08' 13.59"E 150.43'S89° 51' 46.41"E 10.00'N0° 08' 13.59"E 351.79'9.0' 18.5'24.0' 15.0'5.0'12.0'24.0'9.0'18.5'9.0'9.0' 20.0' 9.0'18.5'9.0'20.0'9.0' 18.5'9.0'18.5' 6.0' 24.0'18.5'10.0'10.2'18.5'30.0'24.0' 24.0'40.3'30.3'5.8'9.2'25.3' 20.0' 6.0'6.0'R=49.0' R=8.0'R=10.0'R=5.0'R=5.0' R=4.0'R=8.0'R=5.0'R=3.0'R=390.4'R=3.0'R=2.0'R=3.0'R=10.0'R=3.0' R=10.0'R=3.0' R=3.0'R=3.0' R=24.0'R=2.0'R=2.0'R=3.0'R=3.0'R=2.0'R=3.0'R=20.0'R=32.0'PROPERTY LINESETBACK LINEPROPOSED CURB AND GUTTERPROPOSED HEAVY DUTY CONCRETEPAVEMENT. SEE DETAIL.SITE VISION TRIANGLEPROPOSED HEAVY ASPHALT PAVEMENT. SEEDETAIL.SHEET NUMBER 2017 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COM©APPLE VALLEY, MNDATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTISSUED FOR PERMIT - NOT FOR CONSTRUCTIONDATE: 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.DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTSITE PLANC3.0BUILDING A DATA SUMMARYAREASPROPOSED PROPERTY ±87,266 SF (±2.00 AC)PROPOSED BUILDING11,184 SF (12.8% OF TOTALPROPERTY AREA)PARKINGREQUIRED PARKINGRETAIL/DENTAL: 1 STALL/150 SFRESTAURANT: 1 STALL/2.5 SEATS(ASSUMED UP TO 77 SEATS)RECREATION AND SPORTSTRAINING FACILITIES: 1 STALL/3OCCUPANTS (ASSUMED 75 OCC.)TOTAL:100 STALLSPROPOSED PARKING 100 STALLS (11.2 STALLS/1,000 SF)ADA STALLS REQ'D / PROVIDED 4 STALLS / 4 STALLSZONING SUMMARYEXISTING ZONINGPLANNED DEVELOPMENTDISTRICTPROPOSED ZONINGPLANNED DEVELOPMENTDISTRICTBUILDING SETBACKMINIMUM 25' FROM ALLROW/PROPERTY LINESPROPOSED LANDSCAPE SETBACKSALONG CEDAR AVENUE = 0'ALONG 147TH STREET= 10'ALONG GLAZIER= 10'ALONG PROPERTY TOSOUTH = 5'SITE PLAN NOTES1. ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONS ANDCODES AND O.S.H.A. STANDARDS.2. CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACT LOCATIONSAND DIMENSIONS OF VESTIBULES, SLOPE PAVING, SIDEWALKS, EXIT PORCHES, TRUCKDOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCELOCATIONS.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 PER PLAN. ALL COST SHALL BE INCLUDED INBASE BID.6. NO PROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS, ABOVE ANDUNDERGROUND STRUCTURES, OR OTHER OBSTRUCTIONS SHALL BE LOCATED WITHINEXISTING OR PROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY.7. SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM ASURVEY BY JAMES R. HILL, INC.8. TOTAL LAND AREA IS ±2.00 ACRES.9. CONTRACTOR SHALL REFER TO ARCH/ MEP PLANS FOR SITE LIGHTING & ELECTRICALPLAN.10. REFERENCE ARCHITECTURAL PLANS FOR DUMPSTER ENCLOSURE DETAILS.11. CONTRACTOR SHALL RESTORE SIDEWALK, STREET, CURB AND GUTTER, ANDBOULEVARD DAMAGED DURING UTILITY AND DRIVEWAY WORK WITHIN THE RIGHT OFWAY IN ACCORDANCE WITH CITY OF APPLE VALLEY ENGINEERING STANDARDS AND AMANNER ACCEPTABLE TO THE CITY ENGINEER.12. ABANDONMENT OF WATER AND SANITARY SERVICES SHALL BE PERFORMED INACCORDANCE WITH CITY OF APPLE VALLEY ENGINEERING STANDARDS AND IN AMANNER ACCEPTABLE TO THE CITY ENGINEER.13. REFER TO FINAL SURVEY OR ALTA PLAT FOR EXACT LOT AND PROPERTY BOUNDARYDIMENSIONS.14. ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.15. ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT.SITE LEGENDKEYNOTE LEGENDACCESSIBLE STALL.ACCESSIBLE SIGN. SEE DETAILCURB RAMP. SEE DETAILDUMPSTER ENCLOSURE. REF ARCH PLANSOUTDOOR PATIO.STOP BARPAVEMENT MARKING. 4" SOLID WHITEPEDESTRIAN CROSSWALK. SEE DETAILSTOP SIGNMATCH EXISTINGB612 CURB AND GUTTER"DO NOT ENTER" SIGNDIRECTIONAL ARROWSTRANSFORMER PADCITY OF APPLE VALLEY COMMERCIAL DRIVEWAY.SEE DETAIL SHEET.GENERAL LOCATION OF MONUMENT SIGN. FORREFERENCE ONLY. EXACT LOCATION TO BE PARTOF SIGN PERMITA BCDEFGHIJKLMNOPNORTH CITY OF MEMO Public Works TO: Kathy Bodmer, Planner FROM: Brandon S. Anderson, City Engineer DATE: July 12, 2019 SUBJECT: Ryan Real Estate Redevelopment at 147th and Cedar Avenue Kathy, The following are comments regarding the Ryan Real Estate Redevelopment Tough Mudder Zoning Amendment dated June 24, 2019. Please include these items as conditions to approval. General 1. Separate comments will be provided for building permit authorization regarding the site plans changes from previous approved plans. 2. In regards to traffic impacts from the proposed zoning amendment change, the proposed zoning amendment is expected to have less daily trips as compared to the previous approved land use with a drive thru. Tough Mudder -- Apple Valley Crossroads (former Ryan Real Estate) City Council Meeting August 8, 2019 Location –14750 Cedar Ave Requested Actions 1.Zoning Amendment to PD‐290, Zone 5 to allow: Health club, fitness facility, day spa or yoga studio as a permitted use in Zone 5 Zoning Map 5 PD-290, Zone 5 (Permitted Uses) (1) Art, interior decorating, photographic or music studio; (2) Banks and savings and loans; (3) Civic center or municipal offices; (4) Clinics for human care; (5) Coin‐operated amusement devices … ; (6) Funeral homes or mortuaries; (7) Historic buildings, museums, art institutes, galleries; (8) Hospitals; (9) Nursing/rest homes, retirement homes, day care center, private schools; (10) Off‐street parking … ; (11) Offices of a professional or general nature … ; (12) On‐sale wine, 3.2% liquor … in conjunction with a restaurant facility; (13) Private clubs or lodges not operated for a profit; (14) Radio and television studios; (15) Restaurants, Class I or Class III only; (16) Theater or playhouse; and (17) Hotels, motels, and banquet or meeting room facilities. Site Plan Floor Plan (3,200 sf Fitness Facility) Planning Commission Recommendation At its meeting of July 17, 2019, the Apple Valley Planning Commission voted unanimously to recommend approval of the ordinance amendment. 1.Pass ordinance amending PD‐290, Zone 5, to allow a health club, fitness facility, day spa or yoga studio as a permitted use in the zone. Questions? I T E M: 7. C O UNC I L ME E T I NG D AT E:August 8, 2019 S E C T I O N:Calendar of Upcoming E vents Description: A pprove Calendar of Upcoming Events S taff Contact: S tephanie Marschall, Deputy City Clerk D epartment / D ivision: C ity C lerk’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 Tue./Aug. 6 7:30-9:00 a.m.A ugustana Care A pple Valley Villa C hamber C offee C onnection Tue./Aug. 6 11:30 a.m.-1:30 p.m.Kelley Park Business Watch Picnic Tue./Aug. 6 5:00-10:00 p.m. A nnual Night to Unite Wed./Aug. 7 7:00 p.m.Municipal Center Planning C ommission Meeting T hur./Aug. 8 5:30 p.m.Municipal Center Informal C ity C ouncil Meeting T hur./Aug. 8 7:00 p.m.Municipal Center Regular C ity Council Meeting Fri./Aug. 9 6:00-9:00 p.m.Kelley Park A pple Valley Arts Foundation Music in Kelley Park Concert Series T hur./Aug. 15 11:00 a.m.C onvergence Financial Ribbon C utting C eremony Fri./Aug. 16 5:30 p.m.Kelley Park Rotary C lub Clock Dedication Fri./Aug. 16 6:00-9:00 p.m.Kelley Park A pple Valley Arts Foundation Music in Kelley Park Concert Series Wed./Aug. 21 7:00 p.m.Municipal Center Planning C ommission Meeting T hur./Aug. 22 4:30-6:30 p.m.Rascal’s Bar & G rill C hamber Business After Hours T hur./Aug. 22 5:30 p.m.Municipal Center Special Informal City C ouncil Meeting T hur./Aug. 22 7:00 p.m.Municipal Center Regular C ity Council Meeting Sat./Aug. 24 6:00-8:30 p.m.Kelley Park A pple Valley Arts Foundation Music in Kelley Park Concert Series Tue./Aug. 27 6:00 p.m.Municipal Center Urban Affairs Advisory C ommittee Meeting Wed./Aug. 28 9:00 a.m.Municipal Center Firefighters Relief Association Meeting B AC K G RO UND : Each event is hereby deemed a Special Meeting of the C ity C ouncil, 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