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HomeMy WebLinkAbout05/25/2017 Meeting M eeting L ocation: M unicipal C enter 7100 147th S treet West Apple Valley, M innesota 55124 May 25, 2017 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 May 11, 2017, Regular Meeting B.A dopt Resolution Accepting Donation of Money from VanderBie Family and Friends for Use by Lebanon C emetery C .A dopt Resolution Accepting Donation of Blankets from Hosanna Emergency Action Response Team for Use by Police and Fire D epartments D.A uthorize Addition of Telecommunications Advisory C ommittee to C ommission/C ommittee Recognition Program E.A pprove 2018 Budget C alendar and Set Special Informal Meeting on A ugust 24, 2017, at 5:30 p.m. F.A dopt Resolution Restricting Parking on Galaxie Avenue for Project 2017-165, Galaxie Avenue Mill and Overlay Improvements G.A pprove License Agreement for Drain Tile Encroachment at 13620 G eorgia Drive (Lot 1, Block 4, Eagle Ridge Estates 2nd Addition) H.A dopt Resolution Rejecting Bids for Project 2017-137, 2017 Central Maintenance Facility (C MF) and Police Department Air Handling Unit Upgrades I.A dopt Resolution Authorizing Advertising for Receipt of Bids for Project 2017-137, 2017 C entral Maintenance Facility (C MF) and Police D epartment Air Handling Unit Upgrades, at 10:00 a.m. on J une 8, 2017 J .A dopt Resolution Approving Plans and Specifications for Project 2017- 165, Galaxie Avenue Mill and Overlay Improvements and Authorizing A dvertising for Receipt of Bids, at 10:00 a.m. on J une 20, 2017 K.A dopt Resolution Approving Plans and Specifications for Project 2017- 167, C obblestone Lake Park Pavilion and Restroom Building, and Authorizing Advertising for Receipt of Bids at 2:00 p.m. on J une 27, 2017 L.A dopt Resolution Awarding Agreement for Project 2017-101, Valleywood Reservoir Rehabilitation M.A pprove Grant Agreement with Dakota County Soil and Water C onservation District for Project 2017-162, Hayes A rena Stormwater Retrofits N.A pprove J oint Powers A greement with Dakota C ounty for Intersection Improvements at Cedar Avenue (C S A H 23) and 157th Street W. O.A pprove Lease Supplement with Advanced Imaging Solutions for C opier/Printer Lease and Maintenance P.A pprove Acceptance and Final Payment on Agreement with Friedges C ontracting Co., LLC , for Project 2015-103, 157th Street & J ohnny C ake Ridge Road Improvements Q.A pprove Personnel Report R.A pprove Claims and Bills 5.Regular Agenda Items A.Presentation of Stork Pins to Firefighters and A llina Paramedics B.Uponor Minnesota Investment Fund (MIF) Application at 14800 Everest Avenue and 14751 Energy Way 1. Hold Public Hearing 2. Adopt Resolution Authorizing Submittal of Minnesota Investment Fund (MIF) Application to Department of Employment and Economic Development (D EED) 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn C ity Of f ices are closed Monday, May 29, 2017, in observance of Memorial Day 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: 4.A . C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A pprove Minutes of May 11, 2017, 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 May 11, 2017. 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 May 11, 2017 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 11, 2017, 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: Assistant City Administrator Grawe, City Clerk Gackstetter, City Attorney Hills, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Police Captain Francis, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Planner/Econ. Dev. Specialist Sharpe, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Goodwin, removing item 4.F - Direct Urban Affairs Advisory Committee to Review Short-Term Rental Housing Ordinance from the agenda and approving the agenda for tonight’s meeting, as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda as amended. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of April 27, 2017, as written. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-73 accepting, with thanks, the donation of $150.00 from Judy Dickerson for Use by Parks and CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2017 Page 2 Recreation Department for the purchase of a tree for Cobblestone Lake Park. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, receiving the Parks and Recreation Department’s 2016 annual report. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-74 approving revisions to the cemetery regulations. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-75 approving participation in the 2017 Minnesota Association of Cemeteries advertising campaign. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-76 authorizing the release of 1988 covenants on the Apple Valley Villa Apartments. Ayes - 4 - Nays - 0 - Abstain - 1 (Hooppaw). MOTION: of Bergman, seconded by Goodwin, approving the License Agreement with St. Paul Growers Association, Inc., for a Farmers Market in the Municipal Center parking lot on Saturdays from June 10 through October 28, 2017, from 6:30 a.m. to 2:00 p.m., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the License Agreement with the Metropolitan Council for Meter M644A Access, Maintenance and Repair of Structure. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-77 authorizing Master Partnership Contract with the Minnesota Department of Transportation and authorizing the Public Works Director to negotiate work order contracts under said contract. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-78 awarding the agreement for Project 2017-103, 2017 Micro Surfacing, to Fahrner Asphalt Sealers, LLC, the lowest responsible bidder, in the amount of $383,018.57. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for Project 2017- 131, 2017 Concrete Removal & Replacement Services, with Ron Kassa Construction, Inc., in the amount of $25,156.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Intergovernmental Agreement with the Metropolitan Council, for 2017 Citizen-Assisted Lake Monitoring Program (CAMP), in the amount of $2,475.00, for Cobblestone Lake, Farquar CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2017 Page 3 Lake, Long Lake, and Scout Lake, as attached to the Natural Resources Coordinator’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 and 2 to the agreement with Fendler Patterson Construction, Inc., in the amount of an additional $1,883.00; and accepting Administration Offices Service Counter project, as complete and authorizing final payment in the amount of $38,970.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1028 amending Chapter 95 of the City Code, regulating park hours. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal and part-time employees and resignation of employees as listed in the Personnel Report dated May 11, 2017. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated April 19, 2017, in the amount of $747,708.21, and April 26, 2017, in the amount of $1,047.593.16. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA POPPY DAYS PROCLAMATION Ms. Hannah Cybart, representing the American Legion, Post 1776, Auxiliary Poppy Committee was present. She read the proclamation, proclaiming May 19-20, 2017, as “Poppy Days” and May 2017 as “Poppy Month”. MOTION: of Grendahl, seconded by Hooppaw, proclaiming May 19-20, 2017, as “Poppy Days” and May 2017 as “Poppy Month” and asking citizens to pay tribute to those who have died in war in the name of freedom. Ayes - 5 - Nays - 0. MEMORIAL DAY PROCLAMATION Mr. Lloyd Cybart, on behalf of American Legion, Post 1776, invited everyone to the Memorial Day ceremonies at 11:00 a.m. at the Apple Valley American Legion Memorial located behind the American Legion Post on Granada Avenue. He then read the proclamation proclaiming May 29, 2017, “Memorial Day”. MOTION: of Hooppaw, seconded by Grendahl, acknowledging the Federal Proclamation of May 29, 2017, as “Memorial Day” and asking citizens to remember those who were casualties and injured in the various wars and police actions of the United States. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2017 Page 4 The Mayor then presented the “Memorial Day” proclamation to Mr. Cybart and the “Poppy Days” proclamation to Ms. Cybart. 2017 SPECIAL ASSESSMENT ROLL 650 Mr. Hedberg described Assessment Roll No. 650, totaling $155,625.54, for delinquent utility accounts. He noted the hearing notice was published according to law and confirmed receipt of the Affidavit of Publication. The assessment represents 489 utility billing accounts. No written objections have been received. At the time the agenda was prepared, the revised total following prepayments was $119,205.94. Prepayments continue to be received. Mayor Hamann-Roland called the public hearing to order, at 7:14 p.m., on Special Assessment Roll No. 650. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:15 p.m. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-79 approving and levying 2017 Special Assessment Roll No. 650, delinquent utility accounts, in the amount of $119,205.94, minus any prepayments. Ayes - 5 - Nays - 0. VIVO STORAGE OF MOBILE FOOD UNIT IUP Mr. Sharpe reviewed the request by Vivo for an Interim Use Permit (IUP) to store a 34-foot-long mobile kitchen on Lots 1 and 2, Block 1, The Legacy of Apple Valley Third Addition (15435 Founders Lane). The Planning Commission reviewed this item on April 19, 2017, and voted unanimously to recommend approval. Discussion followed. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2017-80 approving an Interim Use Permit to allow storage of a 34-foot-long mobile food unit on Lots 1 and 2, Block 1, The Legacy of Apple Valley Third Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. David Peterson, Director of Community Development for Vivo, said they are committed to becoming an integral part of the community. COMMUNICATIONS Mayor Hamann-Roland commented on the State of the City address she gave yesterday and the positive remarks and recognition of the City Council by the Chamber of Commerce. Councilmember Goodwin requested the Mayor and/or all the City Council sign a letter of support regarding the structure of the Metropolitan Council. Following discussion, the Mayor said she will sign the letter of support. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2017 Page 5 CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 7:28 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:May 25, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Accepting Donation of Money f rom VanderB ie F amily and F riends f or Use by L ebanon Cemetery S taff Contact: Cheryl Groves, P ublic Works/Cemetery A dministrative Coordinator D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: Adopt the resolution accepting the donation of $205.00 from Karla and Matthew VanderBie, Diane C unningham, and the VanderBie Family for the beautification of Lebanon Cemetery in memory of William VanderBie. S UM M ARY: T he C ity C ouncil has encouraged public donations to improve the quality of life in A pple Valley. Karla and Matthew VanderBie, Diane C unningham, and the VanderBie Family have offered to donate $205.00 to the City of Apple Valley for use in the beautification of Lebanon C emetery. T he donation is made in memory of William VanderBie. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution CITY OF APPLE VALLEY RESOLUTION NO. 2017 - ___ A RESOLUTION ACCEPTING DONATION WHEREAS, the City Council of Apple Valley encourages public donations to help defray costs to the general public of providing goods and services to improve the quality of life in Apple Valley; and WHEREAS, Karla and Matthew VanderBie, Diane Cunningham, and the VanderBie Family have offered to donate $205.00 (Two Hundred Five Dollars) honoring the memory of William VanderBie for use by Lebanon Cemetery of Apple Valley toward the purchase of trees, shrubs, and/or other landscape materials for the beautification of the Cemetery; and WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks Karla and Matthew VanderBie, Diane Cunningham, and the VanderBie Family for their gracious donation. ADOPTED this 25th day of May, 2017. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 4.C. C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Accepting Donation of B lankets f rom Hosanna E mergency Action Response Team for Use by Police and Fire Departments S taff Contact: J ohn Bermel, P olice C aptain D epartment / D ivision: P olice Department AC T I O N RE Q UE S T E D: Adopt the resolution accepting a donation of blankets from the Hosanna Emergency Action Response Team for use by the Police and Fire Departments. S UM M ARY: T he Hosanna Emergency Action Response Team (HEA RT ) has a supply of blankets they wish to donate to public safety departments for use in day to day and emergency operations. T hey are offering a donation of 200 blankets to the Apple Valley Police and Fire Departments for use in public safety endeavors. B AC K G RO UND : T he Hosanna Emergency Action Response Team (HEA RT ), was created in 2012, as a formalized congregational response to the significant increase of natural disasters. In 2014, this was expanded to include all types of emergencies. T his includes community disaster assistance, along with individual and family emergencies (veterans, seniors, and serious illnesses). B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution CITY OF APPLE VALLEY RESOLUTION NO. 2017- A RESOLUTION ACCEPTING DONATION WHEREAS, the City Council of Apple Valley encourages public donations to help defray costs and improve the quality of life in Apple Valley; and WHEREAS, the Hosanna! Emergency Action Response Team (HEART) has offered to donate 200 blankets jointly to the Police and Fire Departments to support public safety; and WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks the Hosanna! Emergency Action Response Team for the gracious and generous donation and their support of the Police and Fire Departments’ efforts in the community. ADOPTED this 25th day of May, 2017. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.D. C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A uthorize A ddition of Telecommunications A dvisory Committee to C ommission/C ommittee Recognition P rogram S taff Contact: Director, Barry B ernstein Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Authorize addition of Telecommunication Advisory Committee to the Commission/C ommittee Recognition Program. S UM M ARY: Authorization is being sought for addition of the Telecommunications Advisory C ommittee to the C ommittee/C ommission Recognition Program allocating a credit of up to $720 per member toward their participation in C ity of Apple Valley services and activities. B AC K G RO UND : T he C ity of A pple Valley C ommission/C ommittee Recognition Program was originally established in 1994 as a means of thanking the C ommittee and C ommission volunteers for their time and services. T he Telecommunications Advisory Committee has not been a part of the program. Including these volunteers will add five to the list of eligible participants. T he program allocates an annual credit of $720 per member of the commission and committees towards their participation in C ity of Apple Valley activities. B UD G E T I M PAC T: Five members of the Telecommunications Advisory Committee x $720 = $3,600.00, bringing the Committee/C ommission Recognition Program potential to 37 members. I T E M: 4.E . C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A pprove 2018 B udget C alendar and S et S pecial I nformal Meeting on A ugust 24, 2017, at 5:30 p.m. 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 the 2018 Budget Calendar and set August 24, 2017, at 5:30 p.m. as a special informal meeting of the City C ouncil. S UM M ARY: T he C ity C ouncil is asked to approve the Budget Calendar, included below, which includes an informal work session for the C ity C ouncil to review the budget recommendations on August 24, 2017. T he action also establishes August 24, 2017, as a special informal meeting. B AC K G RO UND : T he date for adopting the preliminary budget and levy is set for September 14, 2017. By state law, the levy is required to be adopted by the C ity C ouncil and certified to the county auditor by September 30, 2017. T he date for the Truth in Taxation meeting and the date for adoption will be formally set at the time the preliminary levy is approved in September. T he past few years, the Truth in Taxation meeting has been held on the date of the first C ity C ouncil meeting in December which for this year is December 14, 2017. 2018 BUD G ET C A LEN D A R 1. Budget worksheets distributed to Departments May 26, 2017 2. Worksheets returned to Finance J une 26, 2017 3. Budget summaries and worksheets to Administrator J uly 7, 2017 4. Budget review meeting with Administrator J uly 12 to 19, 2017 5. Budget delivered to City C ouncil A ugust 9, 2017 6. Informal C ouncil meeting to review Budget A ugust 24, 2017 7. Proposed Budget and Tax Levy Adopted September 14, 2017 8. C ertify proposed budget and tax levy to C ounty by September 30, 2017 9. C ounty required prepare and mail notice of Tax Levy and Public Hearing N ovember, 2017 10. Conduct Public hearing (former Truth in Taxation)D ecember 14, 2017 11. Adopt Final Budget and Tax Levy D ecember 14, 2017 12. Certify Final Tax Levy to County by D ecember 28, 2017 B UD G E T I M PAC T: N/A I T E M: 4.F. C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Restricting P arking on G alaxie Avenue for Project 2017-165, Galaxie Avenue Mill and Overlay I mprovements S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: Adopt resolution restricting parking on both sides of Galaxie Avenue from McAndrews Road to the northern C ity limit for Project 2017-165, Galaxie Avenue Mill and Overlay Improvements. S UM M ARY: Attached for C ity C ouncil consideration is a resolution restricting parking along Galaxie Avenue for Project 2017-165, Galaxie Avenue Mill and Overlay Improvements. T he requested parking restrictions are a requirement of State Aid Funding because Municipal State Aid Funds are being used, State A id Project No. 186-102-020. B AC K G RO UND : T he C ity C ouncil previously restricted parking along portions of Galaxie Ave. within the project area, per C ouncil Resolutions 1999-17 and 2002-189. T he new action will simply prohibit parking within the entire area, which includes both sides of Galaxie Avenue from McAndrews Road to the northern C ity limit. B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution Map CITY OF APPLE VALLEY RESOLUTION NO. 2017- A RESOLUTION RESTRICTING PARKING ALONG GALAXIE AVENUE – SAP 186-102-020 WHEREAS, the City of Apple Valley has planned the improvement of Galaxie Avenue from McAndrews Road to the northern City limit, State Aid Project No. 186-102-020; and WHEREAS, the City of Apple Valley will be expending Municipal State Aid Funds on the improvements on Galaxie Avenue; and WHEREAS, the City Council previously approved resolutions no. 1999-17 and 2002-189 which restricted parking along portions of Galaxie Ave. north of McAndrews Road; and WHEREAS, the improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid street project must therefore be conditioned upon a resolution restricting parking. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby prohibits the parking of vehicles along both sides of Galaxie Ave. from McAndrews Road to the northern City limit. BE IT FURTHER RESOLVED THAT APPROPRIATE No Parking signs on said street segments are hereby ordered installed. ADOPTED this 25th day of May 2017. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk McAndrews Road 130th Street West Galaxie 128th Street Frost Point 127th Street West S a f a r i P a s s Galaxie AvenueCity of Eagan City of Apple Valley Court Place Way NO PARKING PROJECT NO. DATE:5/18/17 PARKING RESTRICTIONS CITY OF APPLE VALLEY GALAXIE AVENUE MILL AND OVERLAY 2017-165 1FIGURE: FEETSCALE 0 800400 I T E M: 4.G. C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A pprove L icense Agreement for Drain Tile E ncroachment at 13620 Georgia D rive (L ot 1, Block 4, Eagle Ridge E states 2nd A ddition) S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: Approve License A greement with Brian P. Kohler and Courtney K. Kohler for drain tile encroachment at 13620 Georgia Drive (Lot 1, Block 4, Eagle Ridge Estates 2nd Addition). S UM M ARY: T he homeowners at 13620 Georgia Drive are interested in installing drain tile in the rear of their property to improve drainage. As part of the improvements, the drain tile will be connected to a C ity storm manhole in the rear yard. T he storm manhole is located within a public drainage and utility easement. Staff recommends that the drain tile installation be allowed subject to the conditions contained within the attached license agreement. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: Agreement LICENSE AGREEMENT THIS LICENSE AGREEMENT (“License Agreement”) is made as of the ___ day of ______________, 2017, by and between the City of Apple Valley, a Minnesota municipal corporation, (the "City") and Brian P. Kohler and Courtney K. Kohler, husband and wife (collectively the "Owner"). WHEREAS, the Owner is the fee title holder of real property legally described as follows: Lot 1, Block 4, Eagle Ridge Estates 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota (the “Property”); and WHEREAS, the City is the holder of a drainage and utility easement over, under and across certain portions of the Property as depicted on the plat of Eagle Ridge Estates 2nd Addition (the “Easement”); and WHEREAS, the Owner desires to acquire a license permitting the Owner to install a storm water pipe and connection (collectively the “Improvements”) within the portion of the City’s Easement depicted on Exhibit “A” attached hereto and incorporated herein (the “License Area”) to accommodate the flow of ground water from the Owners property directly into the City’s storm water catch basin located within the Easement; NOW, THEREFORE, the parties hereto agree as follows: 1. The City hereby grants the Owner a license to construct the Improvements within the License Area, subject to the terms and conditions contained herein. The Improvements shall be constructed by a Qualified Person in accordance with the specifications attached hereto as Exhibit “B” and incorporated herein. As used in this License Agreement, the term “Qualified Person” is defined as a person approved by the City Engineer based on training and experience. - 2 - 2. This License Agreement does not convey to the Owner any title, interest or rights except for the foregoing license. The Owner may not expand its encroachment onto other areas of the Easement. 3. Nothing contained in this License Agreement shall be deemed to affect the right of the City, its contractors, agents and servants to enter upon the Easement at all reasonable times to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains, and the further right to remove obstructions, including the Improvements. 4. The Owner shall not cause any damage to any existing or future utilities located within the Easement and shall be responsible for any such damage caused by the Owner or by the Owner’s guests or invitees. 5. The Owner shall indemnify and hold the City and its officers, employees, agents, representatives, attorneys, successors and assigns harmless from any and all claims arising out of or related to (i) the installation, use, maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to the Owner or any third party caused by or related to the Improvements, and (iii) damage to real property or personal property of the Owner or any third party caused by or related to the Improvements. 6. If the City determines, in the City’s sole discretion, that the Improvements have not been properly constructed or maintained, then, upon request of the City, the Owner shall immediately remove the Improvements from the Easement, cause the City’s storm water catch basin to be repaired by a Qualified Person and restore the Easement to the condition as it existed prior to the construction of the Improvements (collectively the “Removal and Restoration Work”), at the Owner’s sole cost and expense. If the Owner fails to timely complete the Removal and Restoration Work to the satisfaction of the City Engineer, the City may perform the Removal and Restoration Work, without any obligation or liability to the Owner, and at the Owner’s sole cost and expense, including but not limited to material, labor, and costs of collection, including but not limited to attorneys' fees. 7. The City may terminate this License Agreement at any time by giving written notice of termination to the Owner at least sixty (60) days prior to the effective date of the termination. Cause for termination of the Agreement would be considered if the Improvements have not been properly constructed or maintained. Upon termination of this License Agreement, the Owner shall immediately perform the Removal and Restoration Work described in this License Agreement. If the Owner fails to complete the Removal and Restoration Work within sixty (60) days after termination of this License Agreement, weather permitting, the City may complete the Removal and Restoration Work, without any obligation or liability to the Owner, and at the Owner’s sole cost and expense, including but not limited to material, labor, and costs of collection, including but not limited to attorneys' fees. 8. Within thirty (30) days after presentation of a detailed invoice therefore, the Owner shall pay or reimburse the City for all costs and expenses that the Owner is obligated to pay under this License Agreement. If the Owner fails to pay the invoice, such charges shall become part of the City assessments, and the City shall include such assessments as part of the real estate - 3 - taxes due and payable with respect to the Property. The Owner, on behalf of the Owner and the Owner’s successors and assigns, waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes Section 429.081. 9. The Owner’s obligations and liabilities pursuant to this License Agreement shall survive the revocation or termination of this License Agreement and shall run with the Property. In acknowledgement of the above agreement, the parties hereto affix their signatures on the dates stated below. CITY OF APPLE VALLEY, a Minnesota municipal corporation ____________________________________ By: Mary Hamann-Roland Its: Mayor ____________________________________ By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2017, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. __________________________________ Notary Public - 4 - OWNER: ____________________________________ Brian P. Kohler ____________________________________ Courtney K. Kohler STATE OF MINNESOTA ) ) ss. COUNTY OF __________) The foregoing instrument was acknowledged before me this _____ day of ______________, 2017, by Brian P. Kohler and Courtney K. Kohler, husband and wife. __________________________________ Notary Public Exhibit “A” [Place holder for sketch of License Area] Exhibit “B” Specifications 1. The Owner’s pipe shall be connected to the City’s storm water catch basin by core drilling and installing a Kor-N-Seal fitting or placing non-shrink concrete grout to seal the void between the pipe and catch basin wall. 2. The core drilling invert shall not be lower than one foot above the bottom of the catch basin. 3. If a sump pump discharge line is tied into the drain tile it shall have backflow prevention and shall be discharged above grade at the front of the house and then tied into the drain tile below ground as shown on Exhibit A. GARRETT AVEGEORGIA DR136TH ST W >>>>>>>>>>>>>>>>>>>> >> >> >> >>>>>>>> D D D D D CITY OF APPLE VALLEY DATE:PROJECT NO. FIGURE: EXHIBIT A LOT 1 BLOCK 4 EAGLE RIDGE ESTATES 2ND ADDITION A 05/12/17 N 0 100'200' LICENSE AREA DRAINTILE CONNECTION LOCATION EASEMENT LINE LOT 1 BLOCK 4 13620 I T E M: 4.H. C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Rejecting B ids for P roject 2017-137, 2017 Central Maintenance Facility (C MF ) and P olice Department A ir Handling Unit Upgrades S taff Contact: Dean J acobson, P ublic Works S upervisor - F leet / B uilding Maint D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: Adopt resolution rejecting bids for Project 2017-137, 2017 C entral Maintenance Facility (C MF) and Police Department Air Handling Unit Upgrades. S UM M ARY: T he City recently solicited bids for Project 2017-137, 2017 C entral Maintenance Facility (C MF) and Police Department Air Handling Unit Upgrades by Resolution 2017-59. T his project consists of replacing the HVA C unit at the C MF Facility, controls for the unit and replacement of the HVA C unit for the second floor for the Police Facility. None of the bids that were received met the minimum requirements of the C ity. As a result, staff recommends that the C ity Council reject all bids for the project. T he C ity Council agenda includes a corresponding staff memo and resolution for Council consideration that would authorize a new bid process for the project. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution CITY OF APPLE VALLEY RESOLUTION NO. 2017- A RESOLUTION REJECTING BIDS FOR PROJECT 2017-137, 2017 CENTRAL MAINTENANCE FACILITY (CMF) AND POLICE DEPARTMENT AIR HANDLING UNIT UPGRADES WHEREAS, pursuant to City Council Resolution No. 2017-59, sealed bids were received, opened, and tabulated on May 9, 2017, for 2017 Central Maintenance Facility (CMF) and Police Department Air Handling Unit Upgrades; and WHEREAS, said bids for Project 2017-137, 2017 Central Maintenance Facility (CMF) and Police Department Air Handling Unit Upgrades failed to meet the minimum requirements of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the bids received May 9, 2017, for 2017 Central Maintenance Facility (CMF) and Police Department Air Handling Unit Upgrades, are hereby rejected. ADOPTED this 25th day of May, 2017. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 4.I . C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Authorizing Advertising f or Receipt of B ids for P roject 2017-137, 2017 Central Maintenance F acility (C MF ) and P olice Department A ir Handling Unit Upgrades, at 10:00 a.m. on J une 8, 2017 S taff Contact: Dean J acobson, P ublic Works S upervisor - F leet / B uilding Maint D epartment / D ivision: F leet Maintenance Division AC T I O N RE Q UE S T E D: Adopt resolution authorizing advertsing for receipt of bids for Project 2017-137, 2017 Central Maintenance Facility (C MF) and Police Department Air Handling Unit Upgrades, at 10:00 a.m. on J une 8, 2017. S UM M ARY: Attached for consideration is a resolution setting the date for receipt of bids for HVA C units at the C MF Facility and at the Police Department (PD). Both units have reached the end of their useful lifespan, experience frequent failures, and require replacement. B AC K G RO UND : T he Base Bid covers the basic HVA C unit at the C MF Facility. Alternates 1 and 2 pertain to controls for the unit. Alternate 3 pertains to the replacement of the HVA C unit for the second floor of the Police Facility. B UD G E T I M PAC T: T he project cost estimate for the C MF unit with controls is $140,000 and the project cost estimate for the PD unit is $120,000. AT TAC HM E NT S: R esolution Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2017-___ A RESOLUTION DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2017-137 CENTRAL MAINTENANCE FACILITY (CMF) AND POLICE DEPARTMENT AIR HANDLING UNIT UPGRADES WHEREAS, the Apple Valley City Council has previously approved plans and specifications for Project 2017-137, 2017 Central Maintenance Facility (CMF) and Police Department Air Handling Unit Upgrades; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The City Clerk is hereby authorized to receive sealed bids for 2017-137, Central Maintenance Facility (CMF) and Police Department Air Handling Unit Upgrades at the time and place specified in the form of notice attached hereto as Exhibit A. 2. The Clerk is further authorized and directed to cause an advertisement for said bids posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 25th day of May, 2017. _____________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk EXHIBIT A ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY | 2017-137 00 11 13 - 1 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:00 a.m., CST, Tuesday, June 8, 2017, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: Project 2017-137, 2017 Central Maintenance Facility (CMF) and Police Department Air Handling Unit Upgrades - Remove and replace existing air handler for the CM F - Additional zone controls and zone heating at the CMF Alternate 3: Remove and Replace existing roof mounted air handler for the Police Department With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com. Contact Cheryl Groves at (952) 953-2400 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Daniel Sieben at (952) 843-6204. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. A full and complete copy of all solicitations of bids is disseminated on the City’s website at www.cityofapplevalley.org. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota I T E M: 4.J . C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving Plans and S pecifications f or P roject 2017-165, Galaxie Avenue Mill and Overlay I mprovements and A uthorizing Advertising for R eceipt of B ids, at 10:00 a.m. on J une 20, 2017 S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: Adopt resolution approving plans and specifications for Project 2017-165, Galaxie Avenue Mill and Overlay Improvements and authorizing receipt of bids at 10:00 a.m. on J une 20, 2017. S UM M ARY: Attached for consideration is a resolution approving plans and specifications and setting the date for receipt of bids for the Galaxie Avenue Mill and Overlay Improvements. T his was previously approved as part of City Project 2017-105, 2017 Street Improvements project, but requires a separate bid due to MnD O T State Aid Requirements. T he City of A pple Valley 2017 C apital Improvement Program identifies potential street reconstruction and maintenance work. T he scope of the project generally includes bituminous mill and overlay of street and selective curb replacement. A map of the proposed project area is attached (Figure:2). T his project is tentatively scheduled for construction in 2017. B AC K G RO UND : T he C ity Council adopted Resolution N umber 2016-239 on December 22, 2016, directing the preparation of plans and specifications for Project 2017-105, 2017 Street Improvements. B UD G E T I M PAC T: T he original C IP scope and budget of work indicated a 1.75” mill and overlay with a construction budget of $450,000. T he geotechnical evaluation performed February 2017 indicated that a minimum 3.25” mill and overlay was recommended to provide a longer lasting pavement and reduce the potential for reflective cracking in the future. T he updated bid documents and budget impact reflect the recommended 3.25” mill and overlay. A bid alternate item (1.75” mill and overlay) is being provided as part of the bid documents. T he bid deduct is estimated at $200,000. Project costs and funding included in the preliminary 2017 operating budget are summarized as follows: Estimated Project C osts: C onstruction C ost $ 653,913 Engineering, C onstruction Admin. & C ontingency 90,000 Total Estimated Cost $ 743,913 Estimated Project Funding: Municipal State Aid $ 743,913 Total Estimated Funding $ 743,913 AT TAC HM E NT S: Map R esolution Exhibit Gardens Minnesota Zoological Findlay Nordic Greenl e af Briar Oaks Park Park Park Cedar Knolls Park SCHOOL OF ENVIRONMENTAL STUDIES SCHOOL ELEMENTARY GREENLEAF 126th CT W133rdFLAGSTAFFGEORGIADRCIRFLORALAVEAVE SAVERIDGERDCAKEAVE123rd CT GARN E R GERMANEAVE128t h LN GALA XIE GALAXIEPL AVEFOLIAGECIR W131st FINDLAYAVEEVAMAH D ROF133rd CTCT134th CT W 129th ST W CTTR FAIRLAWNCTGEORGIACTGARNET AVEPLGALLERIACT GREE N L E A F T R 132nd WAY WFLORALFLAMINGO FOLIA G E A V E 135th ST W 135th ST W FLORIDA CTAVEFINDLAY WAYAVECT W G A R N E R GARRETT AVEST GARNERGENEVAGANTRY 121st ST W CT FOLIAGE FERNANDO AVEFERRISFINCH W A Y FALCON RIDGE CT W GEMSTONE CT GENEVA WAY 1 2 3 r d S T W CT GENESEE126 t h 29 26 25 24 27 28 GLENBROOK WAY TR GARRETT LN FORDHAMFER N A N D O 131st ST WAY L 131st 21 129th CT FOREST CT WAY CTSAFARI PASSGANT R Y L N GANTR Y ST W GERMANE GARLAND AVEGENEVACTST W GAVOTTEGE R M A N E GABLE FLORIDA LN 23 FALCON CTFALCO N D R GARVIN BRO O K LNCEDAR FINDLAYFIN D L A Y 13 2 n d S T C T W CT LNL N WA Y 125th ST CT W WAYAVE AVECTLN GREENLEAF ST LNGENESAVESEEMcANDREWS RD 38 38 77 GENEVAWAY 77 ZOO BLVD125th ST W 22 GALENA WAY GENEVA WAYCTGEORGIAGRAND OAK130th ST W L 134th ST W 134t h S T W 132n d S T W ST W FLORID A ST W 131st CT129th S T W 132nd ST W132nd ST W 130th ST W 130th ST W ST W GAMMA 34 127th ST W 7 10 21 18 36 FROST POINT WAY GALAXIE AVEFOLIAGE AVEFLAGSTAFF AVECEDAR AVECITY OF APPLE VALLEY DATE:PROJECT NO. FIGURE: 2017 STREET IMPROVEMENTS 2017 CAPITAL IMPROVEMENT PROGRAM AREAS 2 2017-105 N 0 250'500' GALAXIE AVENUE RECONSTRUCTION CITY OF APPLE VALLEY RESOLUTION NO. 2017- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2017-165, GALAXIE AVENUE MILL AND OVERLAY IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2017-165, Galaxie Avenue Mill and Overlay Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2017-165, Galaxie Avenue Mill and Overlay Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2017-165, Galaxie Avenue Mill and Overlay Improvements at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 25th day of May, 2017 __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY | 2017-165 00 11 13 - 1 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:30 a.m., CST, Tuesday, June 20, 2017, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: City Project 2017-165, Galaxie Avenue Mill and Overlay 30 EA Adjust Frame and Ring Casting 650 SY Remove Bituminous Pavement 28,500 SY Mill Bituminous Surface 6,500 TN Bituminous Mixture 37,000 LF Pavement Markings 1,500 LF Remove and Replace Concrete Curb and Gutter 1,000 SF Remove Concrete Walk 1,000 SF Concrete Pedestrian Ramp 70 CY Topsoil & Compost Mixture With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com. Contact Cheryl Groves at (952) 953-2400 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. A full and complete copy of all solicitations of bids is disseminated on the City’s website at www.cityofapplevalley.org. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota I T E M: 4.K . C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving Plans and S pecifications f or P roject 2017-167, Cobblestone L ake P ark P avilion and Restroom B uilding, and A uthorizing A dvertising for R eceipt of Bids at 2:00 p.m. on J une 27, 2017 S taff Contact: B arry B ernstein, Director of Parks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Adopt resolution approving plans and specifications for Project 2017-167, Cobblestone Lake Park Pavilion and Restroom Building, and authorizing advertising for receipt of bids at 2:00 p.m. on J une 27, 2017. S UM M ARY: Staff is seeking authorization to go out for bids for the C obblestone Lake Park Pavilion and Restroom Building. B AC K G RO UND : Hoisington Koegler Group, Inc., has prepared C obblestone Lake Park concept plans that include a picnic pavilion shelter, restroom building, water feature artwork, outdoor exercise area, and landscaping. T he park plan was reviewed by the Parks and Recreation Advisory Committee J uly 21, 2016, and recommended by unanimous vote that it move forward. T he plan was then reviewed at the August 25, 2016, C ity C ouncil meeting. Staff has researched options and associated cost estimates for construction of the picnic pavilion and restroom building. Oertel Architects is preparing plans and specifications based on feedback from the May 11, 2017 Informal C ity Council Meeting. Once completed the specifications and proposal forms may be obtained from Quest C D N, https://www.questcdn.com. Documents for the project may also be obtained from the office of Oertel A rchitects in digital form for a non-refundable cost of $10.00. Sets of documents will be available for review at: 1. T he office of the Architect. 2. Minnesota Builders Exchange (MBEX) 3. Dodge Data Analytics 4. C MD C onstruction Market Data 5. Blue Book 6. C ity of A pple Valley Website: http://www.ci.apple-valley.mn.us B UD G E T I M PAC T: Funding of the entire park construction includes City funds of $325,000, Tradition Development's matching contribution, and a Metropolitan Livable C ommunities Reimbursement Grant of approximately $248,000 used primarily for site improvements and utility work. C urrent funds minus already allocated expenditures for parking lot, plantings, pergola, irrigation, and architectural fees leaves $250,000 available for the parks pavilion and restroom building. Estimated Project C ost $785,000 Park Bond Fund $250,000 Other Funding Source $535,000 Total Sources $785,000 AT TAC HM E NT S: R esolution Advertisement f or B id Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2017- RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2017-167, COBBLESTONE LAKE PARK PAVILION AND RESTROOM BUILDING WHEREAS, the Apple Valley City Council has reviewed specifications for Project 2017- 167, Cobblestone Lake Park Pavilion and Restroom Building, copies of which are on file in the Office of the City Clerk; and WHEREAS, the City Council believes that the interest of the City would be best served by receiving sealed proposals based on said specification. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The City Clerk is hereby authorized to receive sealed bids at the time and place specified in the form of notice attached hereto as Exhibit A. 2. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 25th day of May, 2017. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Exhibit A ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY Sealed bids will be received until 2:00 p.m., Tuesday, June 27, 2017, at the office of the City Clerk, City of Apple Valley, 7100 147th Street W., Apple Valley, Minnesota 55124, at which time they will be publicly opened and read, for the purpose of securing a contractor to provide: AV PROJECT NUMBER 2017-167 COBBLESTONE LAKE PARK PAVILION AND RESTROOM BUILDING Each bid shall be accompanied by a certified check, cashier’s check or a bid bond in the amount of five percent (5%) of the gross bid, made payable to the City of Apple Valley, which shall be forfeited to the City in the event the bidder fails to deliver the services. The City Council reserves the right to retain the deposits of the bidders for a period not to exceed 60 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of 30 days after the date and time set for the opening of bids. Specifications and proposal forms may be obtained from Quest CDN, https://www.questcdn.com. Documents for the project may also be obtained from the office of Oertel Architects in digital form for a non-refundable cost of $10.00. Hard copy sets are also available from Gill Reprographics - contact at 763-544-1818 for pricing information. Sets of documents are available for review at: 1. The office of the Architect. 2. Minnesota Builders Exchange (MBEX) 3. Dodge Data Analytics 4. CMD Construction Market Data 5. Blue Book 6. City of Apple Valley Website: http://www.ci.apple-valley.mn.us The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Dated this 25th day of May, 2017. Pamela J. Gackstetter, City Clerk I T E M: 4.L . C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Awarding Agreement f or P roject 2017-101, Valleywood R eservoir Rehabilitation S taff Contact: Carol Blommel J ohnson, P ublic Works S uperintendent - Utilities D epartment / D ivision: Utilities D ivision AC T I O N RE Q UE S T E D: Adopt resolution awarding Agreement for Project 2017-101, Valleywood Reservoir Rehabilitation, to V & T Painting LLC , in the amount of $733,750.00. S UM M ARY: On May 11, 2017, bids were received for Valleywood Reservoir Rehabilitation. Four companies submitted bids. V & T Painting, LLC was the lowest responsive and responsible bidder. Short Elliot and Hendrickson, Inc. (SEH) has reviewed the bids and recommends awarding the project as proposed per the attached letter of recommendation. A standard C ity agreement will be utilized for this project. B AC K G RO UND : T he Valleywood Reservoir is located within the Valleywood Golf Course. In the past, reservoir coatings typically lasted 20 years, newer paint products and techniques can extend the life cycle of reservoir coatings up to 25 years and beyond. T he reservoir project includes complete interior and exterior coating removal and application, structural repairs, safety/antenna handrail replacement, logo addition, security and O SHA updates. Before the rehabilitation work begins, the antennas located on the reservoir will need to be removed and relocated to temporary pole(s) near the reservoir. B UD G E T I M PAC T: Valleywood Reservoir Rehabilitation is included in the approved C IP and 2017 Utility Water Division Operations budget. Estimated Project C osts:2017-101 5320.6735/6235 C onstruction C ost $733,750.00 C onstruction C ontingency $40,000 Engineering Design, Contract A dmin, Inspection $80,200.00 Total Estimated Cost $853,950.00 Estimated Project Funding Water Fund C apital Outlay & C onsultant Budgets $786,250.00 Antenna Vendors (Inspection & Improvements)$67,700.00 Total Estimated Funding $853,950.00 AT TAC HM E NT S: L etter R esolution Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2017- A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2017-101 VALLEYWOOD RESERVOIR REHABILITATION WHEREAS, pursuant to an advertisement for bids for improvements identified as Project 2017-101, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement (Tabulation attached as Exhibit A), and; WHEREAS, it appears V & T Painting LLC is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota: 1. That the Mayor and Clerk are hereby authorized and directed to enter into a contract with V & T Painting LLC for its bid in the amount of $733,750.00 for the completion of Project 2017-101 according to the plans and specifications heretofore approved by the Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until an agreement has been signed. ADOPTED this 25th day of May, 2017. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.M. C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A pprove Grant A greement with D akota C ounty S oil and Water Conservation District f or P roject 2017-162, Hayes A rena S tormwater Retrofits S taff Contact: J essica Schaum, Natural Resources Coordinator D epartment / D ivision: Natural R esources Division AC T I O N RE Q UE S T E D: Approve Grant Agreement with Dakota C ounty Soil and Water C onservation District for Project 2017-162, Hayes Arena Stormwater Retrofits. S UM M ARY: In March 2017 the Dakota County Soil and Water C onservation District notified Public Works staff of the successful C ommunity C onservation Partnership grant application. T he City was awarded up to 75% of the project in cost share funding (not to exceed $50,000) for stormwater retrofits at the Hayes A rena. B AC K G RO UND : T his project will be completed following the Hayes Arena parking lot reconstruction. Landscaping improvements in the area are needed, especially given the need to remove the ash trees currently located along the Hayes Park entrance road. T he infiltration basins will treat the parking lot runoff and will improve the function and aesthetics with a pollinator- focused planting mix. B UD G E T I M PAC T: T he grant requires 25% matching funds from the City. T hese funds are included in the 2017 Stormwater Utility budget. AT TAC HM E NT S: Agreement I T E M: 4.N. C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A pprove J oint P owers A greement with Dakota C ounty f or I ntersection I mprovements at Cedar Avenue (C S A H 23) and 157th S treet W. S taff Contact: Matt Saam, P ublic Works Director D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: Approve J oint Powers Agreement with Dakota C ounty for Intersection Improvements at Cedar Avenue (C S A H 23) and 157th Street W. S UM M ARY: Dakota C ounty is proposing a revision of the westbound vehicular approach on 157th Street W at C edar Avenue (C SA H 23). Currently, there are three approach lanes for westbound traffic at C edar Avenue. T here are dual left turns and one shared right turn/thru lane. T he County is proposing to restripe the westbound lane configuration to make the following changes: 1. Existing center lane left turn only to a through lane, and 2. Existing far right lane from a shared right turn/thru lane to a right turn only. T he result of these changes would be one dedicated lane for each movement (left turn, through, right turn). A ttached is a before-and-after view of the westbound intersection at Cedar. T he project will be led by Dakota County and is anticipated to be completed this summer. C ity staff agrees that the project is worthwhile and will result in improved traffic circulation at this intersection. B AC K G RO UND : Dakota C ounty has received numerous complaints from motorists concerning delays due to the westbound shared right turn/thru traffic lane as it does not allow for a right-turn-on-red movement at the intersection. Last year, C ounty traffic staff conducted a traffic study of the intersection in response to the concerns. T he study confirmed that traffic turning right is delayed for a relatively low number of vehicles that are traveling west on 157th Street across Cedar Avenue. T he study also found that westbound left turning traffic does not require dual left turn lanes to accommodate current and expected future growth at this location. B UD G E T I M PAC T: T he J oint Powers Agreement defines the C ity and County cost share requirements and results in an estimated C ounty cost contribution of 55% and C ity cost share of 45%. T he County participation is anticipated at $13,750 and the City's expected cost is $11,250. Staff is planning to use Municipal State Aid (MS A) funds for the City's share of this project. AT TAC HM E NT S: Agreement Exhibit Dakota County Contract No. C0029098 JOINT POWERS AGREEMENT FOR INTERSECTION IMPROVEMENTS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF APPLE VALLEY FOR COUNTY PROJECT NO. 23-79 CITY PROJECT NO. 2017-164 SYNOPSIS: Dakota County and the City of Apple Valley agree to reconfigure the westbound approach and modify the traffic signal at the intersection of County State Aid Highway (CSAH) 23 and 157th Street in Apple Valley, Dakota County. County Project No.23-79; City Project No. 2017-164 Contract No. C0029098 May 15, 2017 2 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "the County"; and the City of Apple Valley, referred to in this Agreement as "the City"; and witnesses the following: WHEREAS, under MINNESOTA STATUTES §§ 162.17, subd. 1 and 471.59, subd. 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to reconfigure the westbound approach to include a single left turn lane, and separate through and right turn lanes as well as modify the traffic signal to accommodate the westbound lane reconfiguration at the intersection of County State Aid Highway (CSAH) 23 and 157th Street in Apple Valley, Dakota County (the “Project”); and WHEREAS, the County and the City have included this Project in their Capital Improvement Programs and will jointly participate in the costs of said construction. NOW, THEREFORE, it is agreed that the County and the City will share Project responsibilities and jointly participate in the costs associated with the Project, and related activities as described in the following sections: 1. Engineering. Design engineering including all aspects of the Project (public involvement, agency involvement, preliminary/final design etc.), surveying, mapping, construction engineering, construction management, construction inspection and all related materials testing, including the cost of County and City staff time for these purposes, shall be split based on the County’s and City’s share of the final construction costs. 2. Construction. The costs for the project construction shall be shared in the amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City. Cost sharing includes all street and highway construction items; replacement or restoration of trails and sidewalks, landscaping and driveways when affected by construction; replacement or adjustment of water and storm sewer systems, if required due to reconstruction; relocating or adjusting privately owned utilities when not performed at the expense of the utility; replacement of roadway lighting, and all other construction aspects outlined in the Project plan. County Project No.23-79; City Project No. 2017-164 Contract No. C0029098 May 15, 2017 3 3. Plans and Specifications. The County shall prepare the complete plans, specifications and contract documents necessary for County Project 23-79. The County will award the contract for construction to the lowest responsive and responsible bidder. 4. Project Cost Updates. The County will provide updated cost estimates to the City showing the County and City shares of Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the County to the City at the following times:  prior to approval of the appraised values for any necessary right of way acquisitions,  prior to advertising a construction contract,  after bid opening (prior to contract award),  during construction if total contract changes exceed $100,000,  and once per year following the construction season until the project is complete. Project cost estimate updates include actual and estimated costs for engineering, right of way acquisition, utility relocation, and construction. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective councils or boards regarding Project cost estimates. 5. Payment. The County will administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as the Project work progresses and when certified by the County Engineer. The County, in turn, will bill the City for its share of the Project costs. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement within 35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. County Project No.23-79; City Project No. 2017-164 Contract No. C0029098 May 15, 2017 4 6. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost participation must be approved by all parties prior to execution of work. 7. Amendments. Any amendments to this Agreement will be effective only after approval by both governing bodies and execution of a written amendment document by duly authorized officials of each body. 8. Effective Dates. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after September 30, 2018. 9. Final completion. Final completion of the construction Project must be approved by both parties. 10. Pavement Maintenance. Upon acceptance of the Project, the City shall be responsible for all pavement maintenance within City right-of-way and the County shall be responsible for all pavement maintenance within County right-of-way unless necessitated by a failure of a municipal utility system or installation of new facilities. 11. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 12. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this Agreement recognize that tort liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. The County shall include the City as additional insured in the contract documents. County Project No.23-79; City Project No. 2017-164 Contract No. C0029098 May 15, 2017 5 13. Waiver. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City for any purpose, including Worker’s Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said County employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. The opposite situation shall also apply: the County shall not be responsible under the Worker’s Compensation Act for any employees of the City. 14. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to the Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. Dakota County will be financially responsible for the cost of the audit. 15. Integration and Continuing Effect. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the County and the City regarding the Project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect in accordance with the Dakota County Transportation Plan after completion of the construction provided for in this Agreement. 16. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach (or successor) Dakota County Transportation Director/County Engineer 14955 Galaxie Avenue Apple Valley, MN. 55124 (952) 891-7102 Matt Saam (or successor) Public Works Director City of Apple Valley 7100 147th Street West Apple Valley, MN 55124 (952) 953-2700 [SIGNATURE PAGE TO FOLLOW] N:\Highway\Agreements\2017\23-79 Apple Valley C0029098.docx IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF APPLE VALLEY RECOMMENDED FOR APPROVAL: By Public Works Director Mayor APPROVED AS TO FORM: (SEAL) By City Attorney City Clerk Date ----------------------------------------------------------------------------------------------------------------------------- DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer Assistant County Attorney / Date By: Physical Development Director COUNTY BOARD RESOLUTION: No: 17-250 Date: May 2, 2017 Date: KS-17-222 I T E M: 4.O. C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A pprove L ease S upplement with A dvanced I maging S olutions for C opier/P rinter L ease and Maintenance S taff Contact: Nathan B ang, I T Manager D epartment / Division: Administration / I nf ormation Technologies AC T I O N RE Q UE S T E D: Approve lease supplement with A dvanced Imaging Solutions for copier/printer lease and maintenance. S UM M ARY: T he city utilizes a number of large networked copier/ printer units to provide the large scale printing and copying needs of the city. T hese units are provided at a number of the city’s facilities. Due to the high volume of paper and the frequent need for mechanical maintenance on these units, the city has found that a lease agreement with regular maintenance by the provider is the preferred method of providing these assets. B AC K G RO UND : T he city currently utilizes numerous multifunction copiers throughout various facilities to meet the large volume, copier and print needs across multiple departments and locations. Based on specifications to meet these needs, pricing was previously obtained from multiple local service providers for the lease of equipment, plus all-inclusive maintenance on the multifunction machines. Based on the monthly lease costs, plus the expected cost-per-print maintenance costs, Advanced Imaging Solutions (A IS) was shown to provide the lowest cost solution over the length of lease of numerous machines. T his device replaces a higher-cost, end-of-life machine by adding one device as a supplement to an existing agreement for eight multifunction devices. B UD G E T I M PAC T: Forty-eight month lease of one multifunction copier totals $11,616.00. All inclusive cost- per-page maintenance will be billed at $.0065 per page B&W, $.055 per page color. AT TAC HM E NT S: Proposal Agreement Advanced Imaging Solutions 6121 Baker Rd Minnetonka, MN 55345 Phone (952) 930-1882 Fax (952) 930-1929 www.ais-mn.com PROPOSAL FOR: Pricing in this proposal expires 30 days after April 10, 2017. FOR: Nathan Bang BY: Tyler Gangestad (952)516-7720 Tgangestad@ais-mn.com DATE: 02/28/2017 www.ais-mn.com.com PROPOSED SOLUTION FOR: New Color Equipment Proposal *actual device may vary from picture Proposed Solution TDM Pricing-36 Month TDM Pricing-48 Month Color Konica Minolta C558: $291 a month $242 a month Sub FS-537 + RU-513 $279 a month $226.50 a month Adding ZU-609 $386 a month $320 a month  TDM (Total Document Management) includes the Full Service Maintenance Agreement (FSMA). FSMA includes delivery, set-up, network connection, training on the equipment as configured above and full service maintenance including all parts, labor, supplies, and toner, excluding paper, staples, and shipping for 0 black impressions per month and 0 color impressions per month.  Black impressions are billed at $0.0065.  Color impressions are billed at $0.055. QTY MODEL DESCRIPTION 1 Konica Minolta C558 55 PPM Color Workgroup Document System, Print, Copy, Scan Standard 2x500 Sheet Drawer 1 PC-215 2 x 500 Sheet Drawer (Total of 4x500 Paper Sheet Drawer) 1 FK-514 Fax Kit 1 PK-520 Punch Kit 1 FS-537SD + RU-513 100-Sheet Staple Finisher and Saddle Stitch Kit (Folding Finisher) with Relay Unit 1 ZU-609 (optional) Z-Fold Unit 1 FS-537 + RU-513 (optional) 100-Sheet Staple Finisher 1 LU-302 3,000-Sheet Large Capacity Unit (Letter Only) Copy Machines Inc. CUSTOMER INFORMATION FULL LEGAL NAME STREET ADDRESS City of Apple Valley 7100 147th St. W. CITY STATE ZIP PHONE FAX Apple Valley MN 55124 (952)953-2500 BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS CITY STATE ZIP DBA EQUIPMENT ADDED MAKE/MODEL/ACCESSORIES SERIAL NO. 1. Konica Minolta C558 2. PC-215 3. FK-514 4. PK-523 5. FS-537SD + RU-513 6. LU-302 7. 8. 9. 10. 11. 12. See the attached Schedule A EQUIPMENT DELETED MAKE/MODEL/ACCESSORIES SERIAL NO. 1. 2. 3. 4. 5. 6. TERM For either option below, the start date will be set to be on the same day of the month as for the previous Lease Agreement and/or Supplement(s), unl ess Customer makes a request for a different start date. Mos. Termination date of this Supplement will coincide with the termination date set forth in the Lease Agreement and/or previous Supplement(s) (as applicable). 48 Mos. Termination date will not be set to coincide with any other Lease Agreement or Supplement. PAYMENT SCHEDULE Amount of each Payment* $ 242.00 *plus applicable taxes TERMS AND CONDITIONS You have requested this Supplement to the Lease Agreement (or Supplement) as set forth above. You agree that the Payment on the Supplement is in addition to your original Agreement. Except for the specific provisions set forth above, the original terms and conditions set forth in the Leas e Agreement and any personal guaranty(s) shall remain in full force and effect and are incorporated herein by reference. LESSOR ACCEPTANCE Print Name: Signature: Lessor: Advanced Imaging Solutions, Inc. Dated: CUSTOMER ACCEPTANCE This is a Supplement to the Agreement identified above between Lessor and Customer, all the terms and conditions of which are incorporated herein. Upon the execution of this Supplement, Customer hereby agrees to lease from Lessor the Equipment described above. By signing below, you certify that you have reviewed and do agree to all terms and conditions of the Agreement and this Suppl ement. The Equipment and terms of this Supplement are in addition to the Equipment and terms stated in the Agreement. Print Name: Signature: X Title: Customer (as referenced above): City of Apple Valley Dated: 29735 (2012 v1) Rev. 04/03/2015 SUPPLEMENT NO. LEASE AGREEMENT NO. 500-0429492-000 APPLICATION NO. 2243228 Lease Supplement I T E M: 4.P. C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:C onsent Agenda Description: A pprove Acceptance and F inal Payment on Agreement with Friedges C ontracting C o., L L C, f or P roject 2015-103, 157th Street & J ohnny C ake R idge Road I mprovements S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: Approve acceptance and final payment on the agreement with Friedges C ontracting C o., LLC, for Project 2015-103, 157th Street & J ohnny C ake Ridge Road Improvements, in the amount of $66,744.92 for an agreement total of $1,213,505.59. S UM M ARY: Attached, please find the seventh and final payment for Project 2015-103, 157th Street & J ohnny C ake Ridge Road Improvements. All public improvements associated with the project are complete and in acceptable condition to become public infrastructure of the C ity of Apple Valley. T his final payment of $66,744.92 will close the agreement with Friedges Contracting C o., LLC , and results in a total construction cost of $1,213,505.59; $75,488.97 or 5.9% under the agreement amount of $1,288,994.56. Total project expenses fall within the preliminary project estimate of $1,692,580.00. B AC K G RO UND : On May 12, 2016, the C ity C ouncil by Resolution N o. 2016-93 awarded a construction agreement to Friedges C ontracting C o., LLC , in the amount of $1,255,745.31 for Project 2015-103, 157th Street & J ohnny Cake Ridge Road Improvements. On September 30, 2016, the City C ouncil approved Change Order No. 1 to the agreement for Project 2015-103, 157th Street & J ohnny C ake Ridge Road Improvements with Friedges Contracting C o., LLC, in the amount of $33,249.25, for additional roadway entrances off 157th Street near English Avenue to serve future development to the north. B UD G E T I M PAC T: Final cost breakdown and funding for the project is summarized below. Project Expenses: As Awarded Final C ost C onstruction Agreement $1,255,745.31 $ 1,213,505.59 C hange O rder No. 1 $ 33,249.25 C onstruction C ontingency 170,766.69 42,875.00 Engineering Design & Inspection 182,487.00 175,520.23 Geotechnical, Material Testing, Surveying 83,581.00 108,840.26 Total Estimated Cost $ 1,692,580.00 $ 1,573,990.33 Project Funding: Special Assessments $ 542,580.00 $ 542,580.00 Municipal State Aid 300,000.00 300,000.00 T IF Funding 600,000.00 600,000.00 Park Dedication 250,000.00 131,410.33 Total Estimated Cost $ 1,692,580.00 $1,573,990.33 AT TAC HM E NT S: F inal Pay Documents I T E M: 4.Q. C O UNC I L ME E T I NG D AT E:May 25, 2017 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 May 25, 2017 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) Ahzam Ali Hire Professional Intern - I.T.Seasonal 1030 $ 14.00 Hourly C-06 6/1/2017 Samuel Bang Hire Lifeguard Seasonal 1930 $ 10.25 Hourly C-02 5/25/2017 Annika Challgren Hire Lifeguard Seasonal 1940 $ 10.25 Hourly C-02 5/25/2017 Dany Coe Rehire Lifeguard Seasonal 1940 $ 10.50 Hourly C-02 5/25/2017 Natalie Correll Hire Lifeguard Seasonal 1940 $ 10.25 Hourly C-02 5/25/2017 Nicole Egan Hire Building Inspector Full-Time, Regular 1400 $ 29.52 Hourly 160 5/30/2017 Olivia Ericksen Rehire Lifeguard Seasonal 1940 $ 10.50 Hourly C-02 5/25/2017 Thomas Evans Hire Inspector Part-Time, Variable 1400 $ 27.00 Hourly C-10 5/15/2017 Keith Fenner Rehire Maintenance I Seasonal 5305 $ 12.15 Hourly SM1 5/16/2017 Anika Gram Hire Lifeguard Seasonal 1930 $ 10.25 Hourly C-02 5/25/2017 Andrew Hansen Hire Maintenance I Seasonal 1710 $ 11.83 Hourly SM1 5/30/2017 Jonah Harrington Hire Maintenance I Seasonal 1710 $ 11.83 Hourly SM1 5/18/2017 Brynn Hemphill Hire Recreation Program Instructor I - Pre School Assistant Part-Time, Variable 1800 $ 13.05 Hourly C-06 5/26/2017 Allison Horak Rehire Lifeguard Seasonal 1940 $ 10.50 Hourly C-02 5/25/2017 Tyra Jaramillo Hire Maintenance I Seasonal 1710 $ 11.83 Hourly SM1 5/22/2017 Katharine Leeder Hire Lifeguard II Seasonal 1940 $ 11.00 Hourly C-03 5/25/2017 Mai Matsuhashi Hire Lifeguard Seasonal 1940 $ 10.25 Hourly C-02 5/25/2017 Jacob Norring Hire Lifeguard Seasonal 1940 $ 10.25 Hourly C-02 5/25/2017 Mary Ann Olson Hire Accounting Technician Full-Time, Regular 5303 $ 26.90 Hourly 140 6/26/2017 Colin Pomeroy Rehire Food & Beverage Cook Part-Time, Variable 5105 $ 11.30 Hourly C-04 5/26/2017 Thomas Singer Rehire Maintenance I Seasonal 1710 $ 12.89 Hourly SM1 5/8/2017 Ethan Ta Rehire Maintenance I Seasonal 1710 $ 11.83 Hourly SM1 5/15/2017 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 2 PERSONNEL REPORT May 25, 2017 City of Apple Valley Human Resources First Name Last Name Action Position Status Dept. Base Pay Rate Pay Type Pay Scale Date (on or about) Nathaniel VanderSchaaf Hire Lifeguard Seasonal 1940 $ 10.50 Hourly C-02 5/25/2017 Justin Weinberg Hire Maintenance I Seasonal 5105 $ 11.83 Hourly SM1 5/11/2017 Cassindra Weise Hire Administrative Specialist Full-Time, Regular 1510 $ 22.38 Hourly 120 6/1/2017 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 2 of 2 I T E M: 4.R. C O UNC I L ME E T I NG D AT E:May 25, 2017 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 May 4, 2017 and May 10, 2017 in the amounts of $908,614.36 and $469,374.33, 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:May 25, 2017 S E C T I O N:Regular Agenda Description: P resentation of S tork Pins to F irefighters and Allina P aramedics S taff Contact: Nealon P. T hompson, F ire Chief D epartment / D ivision: F ire Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: On April 22, 2017, Fire, Police, and Allina Ambulance were dispatched to a woman in labor in her home. Fire Lieutenant Colleen Elvin, Firefighter J oseph Landru, Firefighter J ennifer Wilkes, and A llina Paramedics responded to the bedroom of the home where they found the woman in active labor with birth imminent and no time for transport. Firefighter Wilkes and Paramedic Ubl delivered the little girl with Lieutenant Elvin, Firefighter Landru, and other paramedics providing support during the process. Less than 30 minutes after arrival, mother was assisted to the ambulance, with Firefighter Wilkes caring for the baby. Both mother and baby girl were transported for follow up care. Allina Health EMS awards a coveted Stork Pin to those First Responders assisting in the delivery of a baby in a prehosptial setting. T his pin signifies their direct involvement in providing professional and direct support of the birth. We would like to thank and recognize these Firefighters and Paramedics for their teamwork and excellent service to the family and for bringing another young resident into Apple Valley. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 5.B . C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:Regular Agenda Description: Uponor Minnesota I nvestment Fund (MI F ) A pplication at 14800 E verest Avenue and 14751 E nergy Way S taff Contact: A lex Sharpe, P lanning and E conomic Development S pecialist D epartment / Division: C ommunity D evelopment Department Applicant: Uponor NA A sset L easing, I nc. P roject Number: P C16-34-Z G F B Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: 1. Hold public hearing for a Minnesota Investment Fund application for Uponor N orth America at 14800 Everest Avenue and 14751 Energy Way. 2. T he C ity C ouncil is asked to adopt the draft resolution authorizing the C ommunity Development Director to submit a supplemental Minnesota Investment Fund application to the Department of Employment and Economic Development for the Uponor, Inc., expansion project, and authorizing the Mayor and C ity C lerk, or their successors to sign all necessary agreements and documents. S UM M ARY: City C ouncil approved the Uponor A nnex expansion at 14751 Energy Way on April 13, 2017. T his project is an addition to the existing annex facility at 14800 Everest Avenue. Due to the high construction and equipment costs Uponor has requested assistance from the State of Minnesota through the Minnesota Investment Fund (MIF) program. T he MIF program provides grants to help add new workers and retain high-quality jobs on a statewide basis. In order for Uponor to receive assistance, the City needs to submit an application on their behalf to the Department of Employment and Economic Development (D EED) and act as the conduit for state funds. T he application process requires a public hearing and a finding by the local government that the proposed project has been thoroughly reviewed and no concerns remain. As part of the application process Uponor's financial history will be reviewed. T here is not a requirement for the C ity to provide any matching funds or incentives. B AC K G RO UND : Uponor is a leading international provider of PEX plumbing, indoor climate and infrastructure systems for the residential and commercial building markets in more than 100 countries worldwide. Uponor C orporation, which includes Uponor North America, Uponor Nordic and Uponor Europe, consists of over 4,000 employees in 30 countries. Uponor N orth America employs nearly 500 people in their Apple Valley North American headquarters, and they are the C ity’s largest private employer. T he company is experiencing solid growth, and expects to continue that growth in the future. To accommodate this growth, Uponor is proposing to expand its operations in Apple Valley with the construction of a 57,818 sq. ft. manufacturing facility to be located at 14751 Energy Way and connected to the 14800 Everest Ave. Annex facility. T he expansion is tentatively expected to assist in the generation of at least 66 high wage and benefit jobs. An application is currently being drafted and contemplated to score highly with D EED. T he application for approximately $400,000 will support a total project cost of approximately $15,800,000. T he MIF forgivable loan will be used to offset the purchase of $6,000,000 in equipment. Of the 66 jobs created, 34 of the jobs will have hourly wages greater than $21.50 an hour without benefits and $29.72 with full benefits. T he average hourly wage proposed for all jobs created is over $25.00, and will create positions such as P EX operator and finance professional. B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution CITY OF APPLE VALLEY, RESOLUTION NO. 2017- _____ RESOLUTION AUTHORIZING AN APPLICATION TO THE DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR MINNESOTA INVESTMENT FUNDS FOR UPONOR, INC. BE IT RESOLVED that the City of Apple Valley acts as the legal sponsor for project(s) contained in the Business and Community Development Application to be submitted in April 2017 and that the Mayor and City Administrator are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Apple Valley. BE IT FURTHER RESOLVED that the City of Apple Valley has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Apple Valley has not incurred any costs and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that the City of Apple Valley has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Apple Valley may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Apple Valley certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance Section (Part G) of the Business and Community Development Application. BE IT FURTHER RESOLVED that the City of Apple Valley has obtained credit reports and credit information from Uponor, Inc. Upon review by the City of Apple Valley and the City Attorney, no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE BE IT RESOLVED that the Mayor and City Clerk, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. ADOPTED this 25th day of May, 2017. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk 5/30/2017 1 UponorAnnex Addition Minnesota Investment Fund Public Hearing Requested Actions •Hold the public hearing for a Minnesota Investment Fund  Application for Uponor North America at 14800 Everest  Ave and 14751 Energy Way. •Adopt the resolution authorizing the Community  Development Director to submit a Minnesota Investment  Fun application to the Department of Employment and  Economic Development for the Uponor Inc., annex  expansion project, and authorizing the Mayor and City  Clerk, or their successors to sign all necessary  agreements and documents.  5/30/2017 2 Site Location Site Aerial 5/30/2017 3 Site Plan Site Perspectives From East/South 5/30/2017 4 MIF Application •Uponor is constructing a 57,818 sq. ft. expansion to the  existing  Annex facility. •Uponor is applying for $400,000 in forgivable loan from DEED. •In order for the loan to be forgivable Uponor needs to create 66  new jobs. •The average hourly wage is $25.00 without benefits and all the  positions will have  $8.22 an hour in benefits.  •The total project cost for the expansion is $15,800,000.  •MIF loan will be applied towards the purchase of $6,000,000  in equipment.  •The City’s role is to be the conduit for the funds and does not  need to provide any matching funds •This application scores very high in the MIF program Requested Actions •Hold the public hearing for a Minnesota Investment Fund  Application for Uponor North America at 14800 Everest  Ave and 14751 Energy Way. •Adopt the resolution authorizing the Community  Development Director to submit a Minnesota Investment  Fun application to the Department of Employment and  Economic Development for the Uponor Inc., annex  expansion project, and authorizing the Mayor and City  Clerk, or their successors to sign all necessary  agreements and documents.  I T E M: 7. C O UNC I L ME E T I NG D AT E:May 25, 2017 S E C T I O N:Calendar of Upcoming Events Description: Approve Calendar of Upcoming Events Staff Contact: Stephanie Marschall, D eputy City Clerk Department / Division: City Clerk’s Office AC T IO N RE Q UE S T E D : Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the C ity Council. S UM M ARY: Day/Date Time Location Ev ent T hur./May 25 6:00 p.m.Municipal C enter ED A Meeting T hur./May 25 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * Mon./May 29 City Offices C losed Memorial Day Mon./May 29 11:00 a.m.Apple Valley American Legion Memorial Day C eremony T hur./J une 1 3:00 p.m.Cedar Grove Transit Station, Eagan, MN Metro Red Line Opening Celebration Mon./J une 5 7:00 p.m.Municipal C enter Telecommunications Advisory Committee Meeting Tue./J une 6 7:30-9:00 a.m.Title Boxing Club, Lakeville, MN Chamber C offee Connection Tue./J une 6 10:00-11:00 a.m.Uponor Uponor Groundbreaking Ceremony Wed./J une 7 12:00-1:00 p.m.T BD Chamber ‘Surprise’ Luncheon Wed./J une 7 5:30 p.m.Science Museum, St. Paul, MN Flint Hills Resources Discovery Scholarship Awards Banquet Wed./J une 7 7:00 p.m.Municipal C enter Planning Commission Meeting T hur./J une 8 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting T hur./J une 8 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * Mon./J une 12 5:00-6:30 p.m.Radisson Blu Mall of America Greater MSP Reception for Uponor June 14-16 Rochester, MN League of Minnesota C ities Annual C onference Fri./J une 16 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music in Kelley Park C oncert Series Wed./J une 21 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting Wed./J une 21 7:00 p.m.Municipal C enter Planning Commission Meeting T hur./J une 22 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * Fri./J une 23 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music in Kelley Park C oncert Series B AC K GRO UND : Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only at events marked with an asterisk will any action of the Council take place. B UD GE T IM PACT: N/A N/A