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HomeMy WebLinkAbout02/22/2018 Meeting M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 F ebruary 22, 2018 C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A 7:00 P M 1.C all to Order and Pledge 2.Approve Agenda 3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda 4.Approve C onsent Agenda Items C onsent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda f or consideration. A.Approve Minutes of February 8, 2018, Regular Meeting B.Adopt Resolution Accepting Donation of C ash and Prizes from Various Businesses for Mid-Winter Fest Activities C .Approve State Gambling Exempt Permits for Sons of the American Legion, Squadron 1776, at Apple Valley American Legion 1. April 14, 2018 2. J uly 4, 2018 D.Approve Fischer Sand & Aggregate, LLP, C ommercial Extraction Permit for 2018 E.Approve Temporary Sign Permit for 2018 Home and Garden Expo F.Approve Reduction of Various Financial Guarantees G.Adopt Resolution Approving Building Signage for Nystrom & Associates, Located at 7300 147th Street W. H.Adopt Resolution Approving Side Setback Variance for Window Well on Lot 15, Block 5, Apple Valley (136 Gardenview Drive) I.Approve Release of Outlot B, C ortland Sixth Addition from Development Agreements J .Adopt Resolution Approving Plans and Specifications for Project 2018- 104, 2018 Utility Improvements, and Authorizing Advertising for Receipt of Bids at 10:00 a.m. on March 20, 2018 K.Adopt Resolution Authorizing an Agency Agreement with the Minnesota Department of Transportation (MnD O T ) for Federal Participation in Construction L.Adopt Resolution Approving Dakota C ounty Electronic Crimes Task Force J oint Powers Agreement M.Approve J oint Powers Agreement with Dakota C ounty for Project 2015- 116, C SA H 31 & 46 Signal Improvements N.Approve J oint Powers Agreement with City of Burnsville for In-Lake Projects on Alimagnet, Lac Lavon, and Keller Lakes O.Approve Agreement with Comlink Midwest, LLC, for Project 2018-117, Fiber Optic Extension to Water Towers P.Approve Personnel Report Q.Approve Claims and Bills 5.Regular Agenda Items A.Presentation of Chief's Award of Merit to Mr. Bill Tschohl B.Update on Apple Valley Beyond the Yellow Ribbon Network C .LoKo Bowling, Inc., d/b/a Bogart's/Apple Place Bowl, 14917 Garrett Avenue 1. Hold Public Hearing 2. Adopt Resolution Approving Issuance of On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales D.Pass Ordinance Amendments Pertaining to Illuminated Building Signage in Planned Development No. 679/Zone 3 (Recommend waiving second reading) E.Adopt Resolution Appointing Member to Fill Vacancy on Telecommunications Advisory C ommittee with Term Expiring March 1, 2018 F.Adopt Resolutions Reappointing Commissioners/Committee Members 1. Cemetery Advisory Committee Members 2. Parks & Recreation Advisory Committee Members 3. Planning C ommissioners 4. Telecommunications Advisory C ommittee Members 5. Traffic Safety Advisory Committee Members 6. Urban Affairs Advisory Committee Members 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the C ity's website at www.cityof applevalley.org I T E M: 4.A. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A pprove Minutes of F ebruary 8, 2018, Regular Meeting S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the minutes of the regular meeting of February 8, 2018. S UM M ARY: T he minutes from the last regular C ity C ouncil meeting are attached for your review and approval. B AC K G RO UND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Minutes CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 8, 2018, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff members present were: City Administrator Lawell, Deputy City Clerk Marschall, City Attorney Hills, City Engineer Anderson, Parks and Recreation Director Bernstein, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, 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 led by Boy Scout Andrew Seppelt from Troop 293. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight’s meeting, as presented. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Bergman, seconded by Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting of January 25, 2018, as written. Ayes - 4 - Nays - 0 - Abstain -1 (Grendahl). MOTION: of Bergman, seconded by Hooppaw, approving issuance of a lawful gambling permit, by the State Gambling Control Board, to Minnesota Section American Water Works Association, for use on April 28, 2018, at Bogart’s/Apple Place CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2018 Page 2 Bowl, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving renewal and issuance of a 2018 License to Collect Refuse to Advanced Disposal Services Solid Waste Midwest, LLC, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving amending to the 2018 Valleywood Golf Course fees, as attached to the Parks and Recreation Director’s memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the reduction of financial guarantees for Regent’s Point from $34,000.00 to $5,800.00; Regent’s Point Second Addition from $58,000.00 to $7,200.00; and PHS Presbyterian Homes from $972,445.00 to $347,856.00, as listed in the Community Development Department Assistant’s memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-9 approving the final plat of Cedar Park Elementary School (to be platted as Lot 1, Block 1, Cedar Park Elementary), and waiving the requirement for a development agreement. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-10 approving plans and specifications for Project 2018-101, 2018 Street and Utility Improvements; and authorizing advertising for receipt of bids, at 10:00 a.m., on March 6, 2018, via a posting on the City’s website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-11 approving plans and specifications for Project 2018-105, 2018 Street Improvements; and authorizing advertising for receipt of bids, at 10:30 a.m., on March 6, 2018, via a posting on the City’s website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Agreement for Asset Management Implementation Services with Cartegraph Systems, LLC, in the amount of $76,570.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Agreement for Asset Management Hosting and Support Services with Cartegraph Systems, LLC, in the amount of $97,941.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2018 Page 3 MOTION: of Bergman, seconded by Hooppaw, approving the Agreement for On-Call Loss Control Services with Integrated Loss Control, Inc., in the amount of $1,380.00 annually, and authorizing the Mayor and Deputy City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Agreement for Municipal Center Security Camera System with Pro-Tec Design, Inc., in the amount of $50,086.72, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-12 terminating the agreement with V & T Painting, LLC, for Project 2017-101, Valleywood Reservoir Rehabilitation, and authorizing the City Attorney to take necessary steps to enforce the contract and bonds. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated February 8, 2018. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, to pay the claims and bills, check registers dated January 17, 2018, in the amount of $5,123,802.87; and January 24, 2018, in the amount of $1,079,680.34. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA SMALL CELL WIRELESS FACILITIES Mr. Lovelace presented this item and gave the first reading of two ordinances amending Chapters 97 and 155 of the City Code regulating small cell wireless facilities in the public right-of-way and residentially-zoned districts. Because the Planning Commission held a public hearing January 17, 2018, on the proposed changes and received no comments, staff recommends the provision for a second reading be waived. MOTION: of Grendahl, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1038 amending Chapter 97 of the City Code regulating small cell wireless facilities in the right-of-way. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, waiving the procedure for a second reading and passing Ordinance No. 1039 amending Chapter 155 of the City Code regulating zoning of small cell wireless facilities. Ayes - 5 - Nays - 0. CITY COUNCIL COMMITTEE ASSIGNMENTS Mr. Lawell reviewed the list summarizing the City Council’s 2018 assignments to various boards and committees. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2018 Page 4 MOTION: of Bergman, seconded by Goodwin, approving the 2018 City Council board and committee assignments, as attached to the City Administrator’s memo. Ayes - 5 - Nays - 0. APPOINT URBAN AFFAIRS ADVISORY COMMITTEE MEMBER Mr. Lawell reviewed the City Clerk’s memo regarding the Urban Affairs Advisory Committee vacancy. The Mayor called for nominations for the vacancy. Councilmember Hooppaw nominated Thomas Adamini, Milo Holsten, Hue Nguyen, and Mason Smith. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Hooppaw, seconded by Grendahl, accepting the four nominations for the Urban Affairs Advisory Committee. Ayes - 5 - Nays - 0. The Deputy City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select three names from the four nominees. After selections were made, they were tallied and the City Attorney announced that three names remained. The Deputy City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names. After selections were made, they were tallied and the City Attorney announced that the two names remained. The Deputy City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Attorney announced that Thomas Adamini received the majority of votes. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-13 appointing Thomas Adamini to the Urban Affairs Advisory Committee for a term expiring March 1, 2018. Ayes - 5 - Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. COMMUNICATIONS Mr. Lawell invited everyone to the two remaining Apple Valley Arts Foundation Frozen Apple Concert series at Valleywood Clubhouse from 6:00 to 9:00 p.m. on February 10, 2018, and March 10, 2018. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2018 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 Hooppaw, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 7:29 o’clock p.m. Respectfully Submitted, /s/ Stephanie Marschall Stephanie Marschall, Deputy City Clerk Approved by the Apple Valley City Council on . Mary Hamann-Roland, Mayor I T E M: 4.B. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A ccepting Donation of Cash and P rizes from Various Businesses for Mid- W inter F est A ctivities S taff Contact: B arry B ernstein, Director of P arks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Adopt the resolution accepting donation of cash and prizes from various businesses for 2018 Mid-Winter Fest activities. S UM M ARY: Staff is seeking by resolution acceptance of cash and przes from various businesses to be used by the Parks and Recreation Department toward the 2018 Apple Valley Mid-Winter Fest activities. B AC K G RO UND: Various businesses have offered to provide cash and prizes toward the sponsorship of the annual Mid-Winter Fest activities. Staff recommends accepting this donation and thanking them for their generosity. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2018 - A RESOLUTION ACCEPTING DONATIONS WHEREAS, the City Council of Apple Valley encourages public donations to help defray costs to the general public of providing services and improve the quality of life in Apple Valley; and WHEREAS, several businesses have offered to donate cash and prizes for use by the Apple Valley Parks and Recreation Department toward the sponsorship of the annual Mid-Winter Fest; and WHEREAS, Minnesota Statues 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the donations listed in Exhibit A are hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks these businesses for their gracious donations. ADOPTED this 22nd day of February, 2018. ___________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk Exhibit A 2018 MID-WINTER FEST DONATIONS as of February 22, 2018 CASH DONATIONS & SPONSORSHIPS: $100 from Your Home Improvement Company $100 from Royal Credit Union of Eau Claire, WI $181.25 Concession Sales from Carbone’s of Lakeville DONATIONS OF PRIZES: $25 gift card from Sam’s Club of Apple Valley I T E M: 4.C. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A pprove S tate Gambling Exempt P ermits for Sons of the American L egion, S quadron 1776, at A pple Valley A merican L egion S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Sons of the A merican Legion, Squadron 1776, for use on April 14, 2018, and J uly 4, 2018, at Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. S UM M ARY: Sons of the A merican Legion, Squadron 1776, submitted applications for gambling events to be held at Apple Valley American Legion, 14521 Granada Drive, on: 1. April 14, 2018 2. J uly 4, 2018 T he applications are on file should you wish to review them. B AC K G RO UND: Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar year, for qualified nonprofit organizations, are issued by the State Gambling Control Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. B UD G E T I M PAC T: N/A I T E M: 4.D. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A pprove Fischer Sand & A ggregate, L L P, Commercial Extraction P ermit for 2018 S taff Contact: Thomas L ovelace, City Planner Department / Division: Community Development Department Applicant: Fischer Sand & A ggregate, L L P, F ischer Mining, L L C and Rockport, L L C P roject Number: 3354 Applicant Date: 2/1/2018 60 Days: 120 Days: AC T I O N RE Q UE S T E D: A motion approving the 2018 annual commercial extraction permit for Fischer Sand & Aggregate, LLP, Fischer Mining, LLC, and Rockport, LLC , subject to adhering to all applicable C ity ordinances and approved conditional use permits; and authorizing the City Administrator to consider and approve a limited number of modifications to hours of hauling outside of those hours permitted by C ity C ode and approved conditional use permit, upon request by the permit holder. S UM M ARY: For your consideration is an application for an annual commercial extraction permit for commercial sand and gravel mining operations for calendar year 2018. T he applicant is requesting approval of their permit so that they may continue to mine and process material at their Apple Valley location. Mining and processing will occur in their “C entral Operations Area” on property generally located west of Pilot Knob Road, south of C ounty Road No. 42, east of Flagstaff Avenue, and north of C ounty Road No. 46. T he attached 2018 Mining Map identifies the specific areas within “C entral Operations Area” where they will be mining this year. It includes areas east, south and west of the Great River Energy electrical substation; and north of the Regatta residential development. Other than establishing the new mining areas within the operations area, no changes to their current operations are being proposed with this application. T herefore, it is expected that any mining, stockpiling, dust and noise control, processing of material, and restoration of the disturbed areas will comply with all conditions and plans set forth in the approved Fischer Sand & Aggregate mining conditional use permit (C .U.P.) and all other applicable codes and ordinances. T he standard hours for operations less than 3,600 feet to residential neighborhoods are 6:30 a.m. to 5:30 p.m., Monday - Friday. For operations that are greater than 3,600 feet to residential neighborhoods, the hours are 6:00 a.m. to 6:00 p.m., Monday – Saturday. All the new mining areas are located closer than 3,600 feet to residential properties; therefore, they will be subject standard operating hours of 6:30 a.m. to 5:30 p.m., Monday – Friday. Current access to the mining area is via J ohnny C ake Ridge Road and C SA H 42. T his is a controlled intersection. All material removed from the operations area will continue to be transported from this intersection. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S : Application Map Map I T E M: 4.E. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A pprove Temporary S ign P ermit for 2018 Home and Garden E xpo S taff Contact: J oan Murphy, Department A ssistant Department / Division: Community Development Department Applicant: A pple Valley Chamber of Commerce P roject Number: Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Approve a Temporary Sign permit application for signage for the 2018 Home & Garden Expo to be placed on City property as shown on the attached plan from March 21 through April 21, 2018. S UM M ARY: T he A pple Valley C hamber of C ommerce has submitted an application for the 2018 Home & Garden Expo to be held April 21, 2018, at Eastview High School, 6200 - 140th Street W. T his event draws upwards of 5,000 people and has been well received in the community. T he C hamber is proposing to install two banner signs on C ity property at the southwest corner of G alaxie Avenue and 147th Street W. T he signs would be installed on March 21, 2018, and removed the day of the event. T he C ity has approved similar requests from the Chamber in past years. 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 : Background Material I T E M: 4.F. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A pprove Reduction of Various Financial Guarantees S taff Contact: J oan Murphy, Department A ssistant Department / Division: Community Development Department AC T I O N RE Q UE S T E D: Approve reduction of various financial guarantees. S UM M ARY: T he C ity holds numerous financial guarantees to ensure the installation of certain improvements in new developments, as well as to assure protection of natural resources. Staff review of the status of this development indicates that the following actions are in order: 1.Quarry Ponds Fourth Addition (PC 15-47-ZS) LO C #1109185 Original Deposit on 9/30/16 $693,493.00 Reduced 11/22/16 to $343,493.00 Reduced 12/22/16 to $190,407.00 Reduced 7/13/17 to $125,768.70 Reduced 11/21/17 to $14,600.00 Reduce now to $ 0.00 2.Quarry Ponds Fourth Addition (PC 15-47-ZS) C ash Check Original Deposit on 10/12/16 $21,600.00 Reduce now to $ 14,600.00 B AC K G RO UND: N/A B UD G E T I M PAC T: N/A I T E M: 4.G. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving B uilding Signage for Nystrom & A ssociates, L ocated at 7300 147th S treet W. S taff Contact: B en P ierson, Code Compliance S pecialist Department / Division: Community Development Department Applicant: Nystrom & Associates, P eter Nystrom P roject Number: P C18-03-M Applicant Date: 1/3/2018 60 Days: 3/18/2018 120 Days: 5/17/2018 AC T I O N RE Q UE S T E D: Adopt resolution approving building signage for Nystrom & Associates, located at 7300 147th Street W. S UM M ARY: Nystrom & Associates, located at 7300 147th Street W., requests review and approval for two lighted building signs above the first floor on the east and west faces of the building. § 154.04(C ) states that: 1. For multi-story buildings, in all zoning districts, no signs attached to the building, temporary or permanent, shall be permitted above the first floor except for the following: 1. Building of four stories or more, located in a commercial or industrial district shall be permitted additional building signs in addition to any signs otherwise permitted by this chapter. 2. T he additional building signs shall be a maximum of two signs with each sign not to exceed two square feet of sign area for each 1,000 square feet of gross floor area of the building. 3. T he two additional building signs shall not be located upon the same side of the building. 4. T he two additional building signs shall be identical in all respects. 5. T he two additional building signs shall not extend above the highest outside wall or below the fourth floor of the building. 6. T he two additional building signs shall not extend across more than 40% of the width of the side of the building upon which it is located or 40% of the height for vertical signs. 7. T he additional building signs shall only be permitted after review by the city Planning Commission and approval by the City C ouncil. B AC K G RO UND: Nystrom & Associates, 7300 147th Street W., is requesting two lighted building signs above the first floor on multi-story building more than four stories tall. T he sign code only allows for such signage following review and approval by the Planning C ommission and City Council. T his request is to allow two lighted building signs above the first floor on the east and west faces of the building. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Report Background Material Resolution Nystrom & Associates – Building Sign Review & Approval PROJECT REVIEW Existing Conditions Property Location: 7300 147th Street W Legal Description: APPLE VALLEY COMMONS LOT 1 BLOCK 1 Comprehensive Plan Designation C - Commercial Zoning Classification RB – Retail Business Existing Platting Platted Lot Current Land Use RB – Retail Business Size: 4.12 Acres Topography: Existing Vegetation Developed parcel. Other Significant Natural Features Landscaping Adjacent Properties/Land Uses NORTH Apple Square Professional Bldg Comprehensive Plan C - Commercial Zoning/Land Use RB – Retail Business SOUTH Apple Valley Commons II Comprehensive Plan C - Commercial Zoning/Land Use RB – Retail Business EAST Apple Place Bowl Comprehensive Plan C - Commercial Zoning/Land Use RB – Retail Business WEST Wings Financial Comprehensive Plan C - Commercial Zoning/Land Use RB – Retail Business (C) Multi-story building signs. For multi-story buildings, in all zoning districts, no signs attached to the building, temporary or permanent, shall be permitted above the first floor except for the following: (1) Building of four stories or more, located in a commercial or industrial district shall be permitted additional building signs in addition to any signs otherwise permitted by this chapter. (2) The additional building signs shall be a maximum of two signs with each sign not to exceed two square feet of sign area for each 1,000 square feet of gross floor area of the building. (3) The two additional building signs shall not be located upon the same side of the building. (4) The two additional building signs shall be identical in all respects. (5) The two additional building signs shall not extend above the highest outside wall or below the fourth floor of the building. (6) The two additional building signs shall not extend across more than 40% of the width of the side of the building upon which it is located or 40% of the height for vertical signs. (7) The additional building signs shall only be permitted after review by the city Planning Commission and approval by the City Council. Location – 7300 147th Street W Location – 7300 147th Street W Zoning Existing - Site Plan Existing Site Conditions – (View from east) Existing Site Conditions – (View from west) Proposed Signage Location – View from East Proposed Sign location Proposed Sign Location – View from West Proposed Sign Location Prior Signage – View from SW Prior Signage – View from North Prior Signage – View from East Ground View – From Cedar Avenue Proposed Sign Location Ground View – From Garrett Avenue Proposed Sign Location Proposed Sign Elevations From west From East 103 Square Feet CITY OF APPLE VALLEY RESOLUTION NO. 2018 -___ A RESOLUTION APPROVING PLANS FOR NYSTROM & ASSOCIATES BUILDING SIGNS AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, sign regulations to control the installation of signs in the City; and WHEREAS, pursuant to the City’s said sign regulations, the Council may approve multi- story building signs; and WHEREAS, a proposal for two multi-story building signs located above the first floor on the east and west face of the building located at 7300 – 147th Street West; and WHEREAS, the Apple Valley Planning Commission reviewed the plans at a public meeting held on January 17, 2018, and made the following determinations: 1. The building where the proposed signs are to be located is more than four stories tall and located in a commercial district. 2. Not more than two building signs are proposed. 3. The proposed signs are not located upon the same side of the building. 4. The proposed signs are identical in all respects. 5. The proposed signs do not extend above the highest outside wall or below the fourth floor of the building. 6. The proposed signs do not extend across more than 40% of the width of the side of the building upon which it is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that plans for building signs as detailed in the application submitted January 9, 2018 is hereby approved, subject to the following conditions: 1. The signage is subject to City Ordinances addressing lighting and maintenance standards. 2. The signs shall be installed in accordance with the elevation plans received January 9, 2018. 3. A separate electrical permit shall be obtained for lighting associated with the proposed signs. ADOPTED this 22nd day of February, 2018. 2 Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 4.H. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving S ide Setback Variance for W indow Well on L ot 15, B lock 5, Apple Valley (136 Gardenview Drive) S taff Contact: A lex Sharpe, Planner and Economic Dev. S pec. Department / Division: Community Development Department Applicant: Michael Tutewuhl Homes I nc. P roject Number: P C18-02-V Applicant Date: 1/16/2018 60 Days: 3/17/2018 120 Days: 5/16/2018 AC T I O N RE Q UE S T E D: Adopt resolution approving a 6' 6" side setback variance to allow construction of a window well on Lot 15, Block 5, Apple Valley (136 Gardenview Drive). S UM M ARY: On February 7, 2018, the Planning C ommission unanimously recommended approval of the variance with conditions. Michael Tutewuhl Homes Inc., on behalf of the property owner, Bryan Mahon of 136 Gardenview Drive has requested consideration of a 6' 6" side setback variance to construct a window well on the north side of the property where the required setback is 10'. T he window well will allow for an additional legal bedroom in the basement due to other planned house expansion. T he 2030 C omprehensive Plan states that the C ity will encourage "the reinvestment and maintenance of property" that allow residents to age in place. T he property is located in an original Apple Valley plat, which has smaller lots. T hese lots can create circumstances where the home is non-conforming, such as with this home. T he required side setback is 10', and the home is 5.9' from the property line at it's closest point. T he location of the window well will maintain a 3' side yard setback as required by the fire code. Staff is recommending approval of the variance due to the following practical difficulties. 1. If the home were setback the required 10' there would not be a need for the variance as the window well would meet code requirements for a reduced setback. 2. When the home was constructed, it was not centered on the lot. If the home were placed in the center of the lot there would not be a need for a variance. 3. T he C ity has encouraged residents to update, expand and maintain their homes. 4. T he window well cannot be placed in the rear of the home due to the location of the utility room and the additional planned expansion. 5. T he lot does not meet the minimum lot size for "R-3" of 11,000 sq. ft. B AC K G RO UND: As stated in the summary section, the property owner is seeking to construct a window well to allow for the renovation of the basement to include a legal bedroom. By the Minnesota State Building code, bedrooms are required a window egress. T he location of the window as shown on the survey will need to be shifted to the west to comply with the required separation from the gas meter. Moving the window towards the rear of the structure allows for a slightly less variance than in the current location. T he property owner is being encouraged to place the window as far west on the home as possible so that the actual variance is the minimum variance required. Staff reviews variance applications based strictly upon the requirements of the State Statute and the City C ode which require that the applicant establish that there are practical difficulties present in order for a variance to be granted, and that logical alternatives are not available. Definition of “Practical difficulties”: T he applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; T he plight of the applicant is due to circumstances unique to the property not created by the applicant; and T he variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical dif ficulties. In order to grant a variance, the C ity considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this C hapter: 1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; The property is located in the original Apple Valley plat, which has narrower lot lines than most new lots. The home, built in 1964 was not placed in the center of the lot and is non-conforming by being setback f rom the side lot line by only 5.9'. If the home were setback the required 10' a variance for the window well would not be required. 2. T he granting of the proposed variance will not be contrary to the intent of this chapter; The granting of the proposed variance is not contrary to the zoning chapter, and is consistent with the 2030 C omprehensive Plan goals. 3. T he special conditions or circumstances do not result from the actions of the owner/applicant; and; The special conditions or circumstances were not a result of the home owner or the applicant. 4. T he granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and The granting of the variance will not merely serve as a convenience to the applicant, and will alleviate practical dif ficulties created by the placement of the house on a narrow lot. 5. T he variance requested is the minimum variance necessary to alleviate the practical difficulty. The applicant is placing the window well as f ar to the rear (west) side of the property as possible so that only the minimum variance is needed. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Exhibit Aerial Photo Z oning Map Applicant L etter Survey Plan S et CITY OF APPLE VALLEY RESOLUTION NO. 2018 - A RESOLUTION APPROVING A 6 FOOT 6 INCH SIDE YARD SETBACK VARIANCE TO CONSTRUCT A WINDOW WELL AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted by the City Council from the literal provisions of the zoning regulations where practical difficulties exist which do not apply to the area in general; and WHEREAS, an application for a variance, (“PROJECT”), was submitted by Michael Tutewuhl Homes Inc. on behalf of the homeowner, Bryan Mahon(“ APPLICANT”), for property located at 136 Gardenview Drive and legally described as Lot 15, Block 5, Apple Valley (“PREMISES”); and WHEREAS, City Code §155. Appendix A sets the side yard setback for an interior lot as 10 feet; the PROJECT requests a variance to allow a window well to encroach 6 feet 6 inches into the setback to construct a window well; and WHEREAS, the Apple Valley Planning Commission reviewed the PROJECT at its public meeting on February 7, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Council finds that the applicant established that the following practical difficulties exist on the property in accordance with the City’s zoning regulations: 1. If the home were setback the required 10' there would not be a need for the variance as the window well would meet code requirements for a reduced setback. 2. When the home was constructed, it was not centered on the lot. If the home were placed in the center of the lot there would not be a need for a variance. 3. The City has encouraged residents update and maintain their homes. 4. The window well cannot be placed in the rear of the home due to the location of the utility room and the additional home expansion. 5. The lot does not meet the minimum lot size for "R-3" of 11,000 sq. ft. BE IF FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a 6 foot 6 inch variance to required side yard setback to construct a window well hereby approved, subject to all applicable City Codes and standards, and the following conditions: 2 1. The variance shall be applicable to the property legally identified as Lot 15, Block 5, Apple Valley. 2. If the Building Permit fee is not paid and not issued or within one (1) year of the date of approval, the variance approval shall lapse. 3. The window well shall meet the 2015 Minnesota State Building Code section R310.2. 4. The window well shall be placed in a location which provides adequate separation from the existing gas meter per the fire code. 5. The window well shall be placed to provide at least a 3 foot setback from the property line per the fire code. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 22nd day of February, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk 3 CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the ____ day of ___________, 20__. ________________________________ Pamela J. Gackstetter, City Clerk Mahon Side Setback Variance at 136 Gardenview Drive PROJECT REVIEW Existing Conditions Property Location: 136 Gardenview Drive Legal Description: Lot 15, Block 5, Apple Valley Comprehensive Plan Designation “LD” Low Density Residential Zoning Classification “R-3” Single Family 11,000 sq. ft. Existing Platting Platted Current Land Use Single Family Home Size: 10,589 sq. ft. Topography: Flat Existing Vegetation Trees, grass Other Significant Natural Features N/A Adjacent Properties/Land Uses NORTH Single Family Comprehensive Plan “LD” Low Density Residential Zoning/Land Use “R-3” Single Family 11,000 sq. ft. SOUTH Single Family Comprehensive Plan “LD” Low Density Residential Zoning/Land Use “R-3” Single Family 11,000 sq. ft. EAST Single Family Comprehensive Plan “LD” Low Density Residential Zoning/Land Use “R-3” Single Family 11,000 sq. ft. WEST Single Family Comprehensive Plan “LD” Low Density Residential Zoning/Land Use “R-3” Single Family 11,000 sq. ft. ELM DR STRESE LN GARDEN VIEW DRLINDEN DR136 GARDENVIEW DRIVE µ LOCATION MAP ^ WALNUT LN 150TH ST W ELM DR FRONTAGE RD COUNTY ROAD 42 GARDEN VIEW DROAKWOOD RDS T R E S E L N LINDEN DRL I N D E N C I R STRESE CIRWALNUT CIR150TH ST W R-5 NCC NCC R-3 R-3 R-3 R-3 R-3 R-3 R-3 µ 136 GARDENVIEW DRIVE ZONING MAP ^ I T E M: 4.I . C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A pprove Release of Outlot B, Cortland S ixth A ddition from Development Agreements S taff Contact: B randon A nderson, City Engineer Department / Division: E ngineering Division AC T I O N RE Q UE S T E D: Approve Release of Outlot B, C ortland Sixth Addition, from Development Agreements. S UM M ARY: T he examination of Title by the C ity Attorney for Lebanon C emetery of Apple Valley found that the subject property is subject to or conditioned upon the following encumbrances: 1. Development Agreement for the plat of Cortland dated November 1, 2012, recorded December 18, 2012, as Doc. No. 2915876. 2. Development Agreement for the plat of Cortland Sixth Addition dated April 21, 2017, recorded J une 21, 2017, as Doc. No. 3197670. T he C ity of Apple Valley is currently in the process of Final Platting the land consisting of three parcels and would request release of the encumbrances prior to filing of the plat. T he attached Release from Development Agreements was prepared and recommended by the City Attorney for C ouncil approval. B AC K G RO UND: T he City C ouncil adopted Resolution Number 2017-205 on December 14, 2017, directing the preparation of plans and specifications for Project 2018-109, Lebanon C emetery Boundary Fence. As part of this project the property will require a Final Plat to be completed to combine multiple City owned parcels into one property. B UD G E T I M PAC T: No budget impact results from this action. AT TAC HM E NT S : Exhibit RELEASE OF OUTLOT B, CORTLAND SIXTH ADDITION FROM DEVELOPMENT AGREEMENTS This Release is made effective as of the ___ day of _________, 2018, by the City of Apple Valley, a Minnesota municipal corporation. WHEREAS, real property legally described as Outlot D, Cortland, according to the recorded plat thereof, Dakota County, Minnesota, was subjected to that certain Development Agreement dated November 1. 2012 and recorded December 18, 2012, as Document No. 2915876 (“Cortland Agreement”), in the office of the Dakota County Recorder; WHEREAS, Outlot D, Cortland has been replatted as Outlot B, Cortland Sixth Addition; WHEREAS, Outlot B, Cortland Sixth Addiiton is subject to the Development Agreement dated April 21, 2017 and recorded June 21, 2017, as Document No. 3197670 (“Cortland Sixth Agreement”), in the office of the Dakota County Recorder; and NOW, THEREFORE, the real property legally described as Outlot B, Cortland Sixth Addition, Dakota County, Minnesota, is hereby released from (i) the Cortland Agreement and (ii) the Cortland Sixth Agreement. IN WITNESS WHEREOF, the undersigned have executed this instrument. CITY OF APPLE VALLEY By: Mary Hamann-Roland Its: Mayor By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this _____ day of ______________, 2018, before me a Notary Public within and for said County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public This instrument was drafted by: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 I T E M: 4.J . C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving P lans and Specifications for P roject 2018-104, 2018 Utility I mprovements, and A uthorizing A dvertising for Receipt of B ids at 10:00 a.m. on March 20, 2018 S taff Contact: B randon A nderson, City Engineer Department / Division: E ngineering Division AC T I O N RE Q UE S T E D: Adopt the resolution approving plans and specifications for Project 2018-104, 2018 Utility Improvements, and authorizing advertising for receipt of bids at 10:00 a.m. on March 20, 2018. S UM M ARY: T he C ity of Apple Valley 2016 -2018 C apital Improvement Program identifies potential utility improvement work in the following neighborhoods as well as repair of deficient infrastructure: Diamond Path 12” Trunk Water Main Replacement Delaney Park Storm Sewer Replacement Briar Oaks/Scout Lake Inlet Maintenance (Sediment Removal) Dunbar Way Storm Sewer Improvements Hidden Ponds Storm Sewer Repair Florida Lane Storm Sewer Repair Dominica Way Sanitary Sewer Repair Apple Valley High School Storm Sewer Relocation Cobblestone Lake Trail Storm Repair Diamond Path Park Storm Repair Longridge/Harwell Neighborhood Water Main C orrosion Mitigation Havelock/Harwell/160th Street 8” Water Main Loop Gate Valve Repairs (various locations) A map of the proposed project area is attached (Figure:1). T his project is tentatively scheduled for construction in 2018. B AC K G RO UND: T he C ity C ouncil adopted Resolution Number 2017-150 on October 12, 2017, directing the preparation of plans and specifications for Project 2018-104, 2018 Utility Improvements. B UD G E T I M PAC T: Project costs and funding included in the preliminary 2016-2018 operating budget are summarized as follows: Estimated Project C osts: C onstruction Cost $ 1,684,000 Engineering, C onstruction Admin. & C ontingency 321,000 Total Estimated C ost $ 2,005,000 Estimated Project Funding: Water Utility $1,150,000 Storm Sewer Utility 645,000 Sanitary Sewer Utility 210,000 Total Estimated Funding $ 2,005,000 AT TAC HM E NT S : Map Resolution Exhibit 2.. 160th Street 150th Street 140th Street McAndrews Road Pilot Knob RoadFlagstaff AvenueCedar AvenueGarden View Drive2018 Utility Improvements Figure 1 City of Apple Valley 2018 Capital Improvement Program Areas FEETSCALE 0 30001500 HORZ. N DELANEY PARK STORM SEWER REPLACEMENT FLORIDA LANE STORM SEWER REPAIR DIAMOND PATH WATER MAIN REPLACEMENT DOMINICA WAY SANITARY SEWER REPAIR BRIAR OAKS/SCOUT LAKE INLET MAINTENANCE (SEDIMENT REMOVAL) HIDDEN PONDS STORM SEWER REPAIR APPLE VALLEY HIGH SCHOOL STORM SEWER RELOCATION DIAMOND PATH PARK STORM SEWER REPAIR HAVELOCK/HARWELL/160TH STREET WATER MAIN LOOP LONGRIDGE/HARWELL WATER MAIN CORROSION MITIGATION COBBLESTONE LAKE TRAIL STORM SEWER REPAIR DUNBAR WAY STORM SEWER IMPROVEMENTS CORROSION MITIGATION CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2018-104, 2018 UTILITY IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2018-104, 2018 Utility Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2018-104, 2018 Utility Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2018-104, 2018 Utility Improvements at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 22th day of February, 2018 __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY | 2018-104 00 11 13 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:00 a.m., CST, Tuesday, March 20, 2018, 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 2018-104, 2018 UTILITY IMPROVEMENTS 0.8 AC Clearing & Grubbing 1387 TN Bituminous Paving 793 LF 8” DIP Watermain 1976 LF 12” HDPE Watermain (Directional Drilled) 913 LF 12”-58” RC Storm Sewer 130 LF 24” Steel Casing Pipe (Jacked) 87 LF Sanitary and Storm Manholes 2.5 AC Seeding 5040 SY Sod With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2590 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. 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 EXHIBIT A I T E M: 4.K. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A uthorizing an Agency A greement with the Minnesota Department of Transportation (MnD O T ) for F ederal P articipation in Construction S taff Contact: Matt Saam, Public Works Director Department / Division: E ngineering Division AC T I O N RE Q UE S T E D: Adopt the resolution authorizing an Agency Agreement with the State of Minnesota Department of Transportation for Federal participation in construction. S UM M ARY: T he attached Agency Agreement is a document between the C ity of Apple Valley and Minnesota Department of Transportation (MnD O T ), which allows for MnD O T to act as the City’s agent in accepting federal aid. T his agreement is intended to cover all federally funded projects that the City is awarded funds for until revisions are needed to the 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 : Resolution Agreement CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION AUTHORIZING AN AGENCY AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) FOR FEDERAL PARTICIPATION IN CONSTRUCTION WHEREAS, The Minnesota Department of Transportation (MnDOT) wishes to act as the City of Apple Valley’s agent in accepting federal funds on the Local Governments behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by Federal Highway Administration (FHWA) federal funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. The City enter into an Agency Agreement with the Minnesota Department of Transportation, a copy of which was before the Council. 2. The proper City officers are authorized to execute such agreement, and any amendments thereto. 3. That the City Engineer, is authorized to negotiate work order contracts pursuant to the Agreement, which work order contracts may provide for payment to or from MnDOT, and that the City Engineer may execute such work order contracts on behalf of the City of Apple Valley without further approval by this Council. 4. That pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Apple Valley to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. 5. The Mayor and the City Clerk are hereby authorized and directed for and on behalf of the City of Apple Valley to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Agreement No. 1029915”, a copy of which said agreement was before the City Council/County Board and which is made a part hereof by reference. ADOPTED this 22nd day of February, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.L . C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving Dakota County E lectronic Crimes Task Force J oint P owers A greement S taff Contact: J on Rechtzigel, Police Chief Department / Division: P olice Department AC T I O N RE Q UE S T E D: Adopt resolution approving the J oint Powers Agreement for Dakota C ounty Electronic Crimes Task Force. S UM M ARY: T he Apple Valley Police Department currently operates under a joint powers agreement with the Dakota County Electronic Crimes Task Force to investigate illegal activities related to the use of electronic devices, the Internet, and materials transmitted or used in electronic form and the prosecution of those conducting such illegal activities. B AC K G RO UND: In 2015 the Apple Valley Police Department joined with nine other Dakota County agencies in a pilot project forming an electronic crimes unit to assist local agencies with the investigation of crimes involving the use of technology. T he initial J oint Powers Agreement (J PA)was set to expire after three years. A new J PA has been drafted which will allow for the continuing operation of the Dakota C ounty Electronic Crimes Task Force. T he J PA is the same as that which was reviewed by the C ity Attorney in 2014 with the exception of the addition of two more law enforcement agencies to the agreement. B UD G E T I M PAC T: N A AT TAC HM E NT S : Agreement Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION APPROVING JOINT POWERS AGREEMENT REGARDING PARTICIPATION IN THE DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE. WHEREAS, the City Council of Apple Valley encourages partnerships with other public safety partners; and WHEREAS, the Dakota County Electronic Crimes Task Force was created through a Joint Powers Agreement entered into by the Cities of Apple Valley, Burnsville, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West St. Paul, Dakota County Drug Task Force, and the County of Dakota for the purpose of establishing an organization to coordinate efforts to investigate illegal activities related to the use of electronic devices; and WHEREAS, to improve efficiencies the City of Apple Valley desires to work in connection with the Dakota County Electronic Crimes Task Force to leverage manpower and resources; and WHEREAS, the Dakota County Electronic Crimes Task Force has operated a pilot project since 2015 and is positioned to become a permanent entity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the Dakota County Electronic Crimes Task Force Joint Powers Agreement presented to the City Council at its meeting on February 22, 2018, is hereby approved and entered into by and between the participants of the agreement and the City of Apple Valley on behalf of its Police Department. ADOPTED this 22nd day of February, 2018. ____________________________________ 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 :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A pprove J oint P owers Agreement with Dakota County for P roject 2015-116, C S A H 31 & 46 S ignal I mprovements S taff Contact: Matt Saam, Public Works Director Department / Division: P ublic Works Department AC T I O N RE Q UE S T E D: Approve the J oint Powers A greement with Dakota C ounty for Project 2015-116, C SA H 31 & 46 Signal Improvements. S UM M ARY: T he attached J oint Powers Agreement (J PA) with D akota C ounty and the C ity of Lakeville provides for a cost share between the City and County for the installation of fiber optic cable/conduit, monitoring cameras, and revisions to the traffic signal systems along portions of two County roads in Apple Valley. B AC K G RO UND: Dakota County proposes to install fiber optic conduit and cable lines between traffic signals along portions of two C ounty roads in the Cities of Lakeville and Apple Valley. Specifically, the traffic signal systems located on C SA H 46 from Pilot Knob Road (C SA H 31) in Apple Valley to Kendrick Avenue in Lakeville, and Pilot Knob Road (C SA H 31) from McAndrews Road (C SA H 38) in Apple Valley to 170th Street W. in Lakeville. Additionally, traffic monitoring cameras will be installed with revisions to the existing traffic signals along these roadways. B UD G E T I M PAC T: T he J PA provides for a cost split between Dakota County and the C ities to share engineering, construction, right-of-way acquisition and inspection fees for the work. T he County's share is 55% while the City is responsible for 45% of the cost related to six signal intersections along Pilot Knob Road that are fully within Apple Valley municipal boundaries. T here are six signal intersections along 160th Street W. that the C ity shares the cost with the City of Lakeville at 22.5% each. T he total cost to the C ity is estimated to be $112,000. Staff expects to use State Aid Funds for the City's portion. AT TAC HM E NT S : Agreement Dakota County Contract Nos - AV C0029417 Lakeville C0029418 JOINT POWERS AGREEMENT FOR ENGINEERING, HIGHWAY CONSTRUCTION AND TRAFFIC CONTROL SIGNAL SYSTEM REVISIONS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF APPLE VALLEY AND THE CITY OF LAKEVILLE DAKOTA COUNTY PROJECT NO. 31-87 STATE PROJECT NUMBER: 019-030-009 CITY OF APPLE VALLEY PROJECT NO. 2015-116 CITY OF LAKEVILLE PROJECT NO. 17-03 SYNOPSIS: Dakota County Transportation Department, the City of Apple Valley and the City of Lakeville agree to install fiber optic cable for traffic control signal system interconnection, traffic monitoring equipment, and revise the existing traffic control signal systems along County State Aid Highway (CSAH) 46 from Kenrick Avenue to CSAH 31 and along CSAH 31from 170th Street to CSAH 38 in the Cities of Apple Valley and Lakeville, Dakota County. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 2 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as the "County", the City of Apple Valley, referred to in this Agreement as " Apple Valley", and the City of Lakeville, referred to in this Agreement as “Lakeville”, and collectively as the “Cities”; 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 install fiber optic cable for traffic control signal system interconnection, install traffic monitoring equipment, and revise existing traffic control signal systems, together with all related incidental items, along County State Aid Highway (CSAH) 46 from Kenrick Avenue to CSAH 31 and along CSAH 31 from 170th Street to CSAH 38 in the Cities of Apple Valley and Lakeville, Dakota County, the “Project”; and WHEREAS, Federal funding in the anticipated amount of $1,075,900 has been programmed which will cover a portion of the Project costs; and WHEREAS, this Agreement supplements existing traffic signal agreements which will remain in full force and effect after completion of the Project; and WHEREAS, the County and Cities will share Project responsibilities; and after deducting Federal funding, will jointly participate in Project costs associated with engineering, installation of fiber optic cable and traffic monitoring equipment and traffic control signal revisions, and related activities as set forth in this Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Plans and Specifications. The County is the lead agency for design of the Project and shall prepare the plans, specifications, and contract documents, consistent with State Aid design standards and the Dakota County Transportation Plan. The Cities’ shall approve the plans and specifications prior to advertising for bids. 2. Engineering, Contract Administration and Inspection Costs. The County shall perform the engineering, contract administration, and inspection required to complete the Project. The work described in this paragraph shall constitute "Engineering and Inspection" and shall be referred to as such in this Agreement. Engineering and Inspection costs for the Project shall be shared by the County’s and Cities’ in the same manner as set forth in Paragraph 4.for Construction Costs. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 3 3. Traffic Control Signal System Interconnection and Revisions. The County, by contract or other means, shall construct the Project. This Agreement supplements existing traffic signal agreements which will remain in full force and effect after completion of the Project. 4. Construction Costs. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. The contract cost of the construction and, , the cost of all County furnished labor, materials, and equipment rental required to complete the Project shall constitute the actual "Construction Cost" and shall be referred to as such in this Agreement. After deducting Federal funding, the Construction Cost for the Project shall be paid for in the following manner: fifty-five percent (55%) by the County and forty-five percent (45%) by each of the Cities for the portion of the Project constructed within its City limits except for the intersections defined below. Costs shall be allocated based on improvements within each City and with each City solely responsible for their respective share. CSAH 46 (160th Street) and Highview Avenue/Garden View Drive CSAH 46 (160th Street) and CSAH 23 (Cedar Avenue) CSAH 46 (160th Street) and Galaxie Avenue CSAH 46 (160th Street) and Foliage Avenue CSAH 46 (160th Street) and Flagstaff Avenue CSAH 46 (160th Street) and CSAH 31 (Pilot Knob Road) Dakota County’s Share = 55.0% Apple Valley’s Share = 22.5% Lakeville’s Share = 22.5% 5. Right-of-Way. The County will undertake all actions necessary to acquire all permanent and temporary highway right of way, including relocations, and will acquire all right of way for City water and sanitary sewer mains and appurtenances, sidewalk and trail construction, wetland damage mitigation and banking, drainage and ponding, and water pollution control best management practices for the Project. Except as set forth below, the costs of acquiring highway right of way, including right of way for drainage inlets and outlets, shall be shared in the amount of 55% by the County and 45% by the Cities for the portion of any right of way acquired within its City limits. The Cities shall convey to the County, at no cost, before construction of the Project begins, all necess ary permanent highway and temporary easements, on forms approved by the County Attorney’s office, on all adjacent city-controlled real property for Project purposes. Upon completion of the Project, the ownership of the drainage and ponding easements and permanent right of way for City streets shall be transferred to the Cities. Any right of way costs for new sanitary sewer, water mains and appurtenances, and aesthetic elements outside of the right of way needed for the highway improvements shall be the responsibility of the Cities. If any transfer of property rights requires a lot split, the Cities hereby consent to such lot splits to accomplish the Project. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 4 6. Traffic Monitoring Equipment Energy, Operation and Maintenance. Upon final acceptance of the Project, the County will be responsible for operating the traffic monitoring equipment and for on-going maintenance and repair costs of the traffic monitoring equipment. The electrical power necessary for the operation of the traffic monitoring equipment will be shared between the County and each City as defined for Signal Energy Costs within the existing traffic signal agreements. 7. Fiber Optic Conduit. The County will be responsible for all costs to install a separate fiber optic conduit, unrelated to the operation of the traffic control signal systems and separate from the conduit necessary for the traffic control signal system interconnection identified in Paragraph 3, as part of the Project. 8. Fiber Optic Cable. The County will be responsible for all costs to install fiber optic cable strands over the 12 strands designated for traffic control signal system interconnection as part of the Project. The County will be responsible for operation and maintenance of the fiber optic cable for traffic control signal system interconnection and the County’s fiber optic cable network. 9. Project Cost Updates. The County will provide updated cost estimates to the Cities showing the County’s and Cities’ share of Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the County to the Cities 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,  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. 10. 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 each City for its share of the Project costs on a quarterly basis. 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 disputed by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in dispute. Payment of any outstanding amounts will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 5 11. Operation. The geometric configuration of intersections, including lane alignments and traffic assignments for all approaches, traffic signing, signal phasing and traffic operations will be determined by the County in cooperation with the Cities. The Cities agree to make no changes to intersection operations through pavement marking, signing, or other construction measures beyond routine maintenance except with the written approval of the County. 12. 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. 13. Amendments. Any amendment to this Agreement will be effective only after approval by all governing bodies and execution of a written amendment document by duly authorized officials of each body. 14. 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. Except for on-going operation and maintenance activities including traffic signal interconnection and traffic monitoring cameras, in no event will this Agreement continue in effect after December 31, 2020, unless the parties mutually agree to an extension of the Project term. 15. Final Acceptance. Final acceptance of the Project must be approved by all parties to the Agreement. 16. Pavement Maintenance. Upon final acceptance of the Project, the Cities shall be responsible for all pavement maintenance within each City’s respective 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. 17. Subsequent Excavation. Upon final acceptance of the Project, and after expiration of the warranty period regarding repair, if excavation within County right-of-way is necessary to repair or install water, sewer, or other city utilities, the respective City shall restore the excavated area and road surface to substantially the condition at the time of disturbance. If the City employs its own contractor for the above described water, sewer or other utility repair or installation, the City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, s ewer or other municipal utility including, but not limited to, the costs of repair as well as liability to third parties injured or damaged as a result of the work. If the City fails to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 35 days following receipt of a written claim by the County. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 6 18. Rules and Regulations. The County and the Cities shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 19. Indemnification. The County agrees to defend, indemnify, and hold harmless the Cities 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. Apple Valley 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 Apple Valley and/or those of its employees or agents. Lakeville 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 Lakeville and/or those of its employees or agents. All parties to this Agreement recognize that liability for any tort 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 t o allow a claimant to obtain separate judgments or separate liability caps from the individual parties. The County shall include the Cities as additional insured in the contract documents. 20. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of either City, for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of either City. Any and all persons engaged in the work to be performed by either City shall not be considered employees of the County or the other City for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of any Cities’ employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibil ity of the County or the other City. 21. 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 Cities relevant to the Agreement are subject to examination by the County or the Cities and either the Legislative Auditor or the State Auditor as appropriate. The County and the Cities agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 7 22. 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 Cities regarding the design and construction of the Project; whether written or oral. All agreements for future maintenance or cost responsibilities memorialized in existing traffic signal agreements shall survive and continue in full force and effect after completion of the Project. 23. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach (or successor) Dakota County Engineer 14955 Galaxie Avenue, Apple Valley, MN 55124-8579 (952) 891-7102 mark.krebsbach@co.dakota.mn.us Matt Saam City of Apple Public Works Director (or successor) 7100 147th St W. Apple Valley, MN 55124 (952) 953-2400 msaam@ci.apple-valley.mn.us Zachary Johnson City of Lakeville Engineer (or successor) 20195 Holyoke Avenue Lakeville, MN 55044 (952) 985-4501 zjohnson@lakevillemn.gov All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Any party may change its address by written notice to the other parties. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] N:\Highway\Agreements\2017\31-87 AV C0029417 Lakeville C0029418.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 ) By City Clerk Date IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE RECOMMENDED FOR APPROVAL: __________________________ By_________________________ City Engineer Mayor (SEAL) By_________________________ City Clerk Date_______________________ IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. DAKOTA COUNTY RECOMMENDED FOR APPROVAL: By Physical Development Director __________________________ Date________________ County Engineer APPROVED AS TO FORM: Assistant County Attorney Date KS-17-359 & 360 COUNTY BOARD RESOLUTION No. 17-411 Date: August 1, 2017 I T E M: 4.N. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A pprove J oint P owers Agreement with City of B urnsville for I n-L ake Projects on A limagnet, L ac L avon, and K eller L akes S taff Contact: J essica Schaum, Natural Resources Coordinator Department / Division: Natural Resources Division AC T I O N RE Q UE S T E D: Approve the J oint Powers Agreement with the C ity of Burnsville for in-lake projects on Alimagnet, Lac Lavon, and Keller Lakes. S UM M ARY: Attached is a J oint Powers Agreement (J PA) with the City of Burnsville to implement water quality improvement projects for three inter-community lakes: Alimagnet, Keller, and Lac L a v o n . Anticipated projects will include aquatic invasive species management through mechanical or chemical means; fish survey, stocking, or removal; and lake monitoring using field measurements and lab sample analysis. B AC K G RO UND: T hese lakes have been managed in partnership with Burnsville in past years using annual and multi-year J PA’s for individual lakes and combinations of the three lakes. T he proposed J PA continues management of these three lakes with a single 3-year J PA from J anuary 1, 2018, through December 31, 2020. Each lake has a maximum annual expenditure: Alimagnet - $19,000; Keller - $17,000; and Lac Lavon - $11,000. T hese costs are consistent with maximum annual costs in previous years, and any cost above these would require agreement by both C ities. Burnsville will take the lead role with contracting projects in Alimagnet and Keller Lakes. Apple Valley will take the lead role for contracting projects in Lac Lavon. T he city taking the lead role will pay project invoices and invoice the other city for half the project cost. T he C ity Attorney reviewed the J PA prior to Burnsville City C ouncil approval on February 6, 2018. B UD G E T I M PAC T: Funding for 2018 water quality improvement projects is included in the 2018 Storm Drainage Utility operating budget. Funds for 2019 and 2020 will be included in each year ’s proposed budget for City C ouncil approval. AT TAC HM E NT S : Agreement 1 JOINT POWERS AGREEMENT BETWEEN THE CITY OF BURNSVILLE AND THE CITY OF APPLE VALLEY THIS AGREEMENT IS made this ___ day of ____________________, 2018, between the CITY OF BURNSVILLE, a Minnesota municipal corporation (“Burnsville”) and the CITY OF APPLE VALLEY, a Minnesota municipal corporation, (“Apple Valley”), (hereinafter jointly referred to as the “Cities”). WHEREAS, Alimagnet Lake, Keller Lake and Lac Lavon are located within the municipal boundaries of both Cities; and WHEREAS, the Cities wish to complete lake quality projects for Alimagnet Lake, Keller Lake and Lac Lavon; and WHEREAS, MINN. STAT. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. NOW, THEREFORE, the Cities agree as follows: 1. Purpose. This Agreement shall establish the responsibilities of the Cities in connection with certain lake quality projects for Alimagnet Lake, Keller Lake and Lac Lavon during the period of January 1, 2018, through December 31, 2020. 2. Lake Quality Projects.  Alimagnet Lake. Burnsville shall enter into contracts for the following lake quality projects for Alimagnet Lake (“Alimagnet Lake Projects”): A. Aquatic Plant Survey B. Fish Survey, Stocking, or Removal C. Lake Monitoring D. Aquatic plant management using mechanical harvesting or chemical treatments  Keller Lake. Burnsville shall enter into contracts for the following lake quality projects for Keller Lake (“Keller Lake Projects”): A. Aquatic Plant Survey B. Fish Survey, Stocking, or Removal C. Lake Monitoring D. Aquatic plant management using mechanical harvesting or chemical treatments 2  Lac Lavon. Apple Valley shall enter into contracts for the following lake quality projects for Lac Lavon (“Lac Lavon Projects”): A. Aquatic Plant Survey B. Fish Survey, Stocking, or Removal C. Lake Monitoring D. Aquatic plant management using mechanical harvesting or chemical treatments 3. Additional Projects. If a project(s) arises during the period of this JPA that is not listed above and is felt to be important for lake quality by both Cities, then contracting and funding responsibilities must be agreed upon by both Cities in writing prior to the project being undertaken. 4. Cost Allocation. The total cost to be paid by the Cities for Alimagnet Lake Projects shall not exceed $19,000 annually without prior written approval from both Cities; the total cost to be paid by the Cities for Keller Lake Projects shall not exceed $17,000 annually without prior written approval from both Cities; and the total cost to be paid by the Cities for Lac Lavon Projects shall not exceed $11,000 annually without prior written approval from both Cities. Each City shall receive invoices from their respective contracts and pay them in full. Burnsville shall invoice Apple Valley for 50 percent of the cost of the Alimagnet Lake Projects and Keller Lake Projects. Apple Valley shall invoice Burnsville for 50 percent of the cost of the Lac Lavon Projects. Invoices shall be paid to the other City within 30 days. 5. Authorized Representatives. Apple Valley’s authorized representative for the purpose of administration of this Agreement is its Public Works Director. Burnsville’s authorized representative for the purpose of administration of this Agreement is its City Engineer/Natural Resources Director. CITY OF APPLE VALLEY Dated: __________________, 2018 _______________________ By: Mary Hamann-Roland Its: Mayor Dated: __________________, 2018 _________________________ By: Pamela J. Gackstetter Its: City Clerk 3 CITY OF BURNSVILLE Dated: __________________, 2018 _________________________ By: Elizabeth Kautz Its: Mayor Dated: __________________, 2018 __________________________ By: Heather Johnston Its: City Manager I T E M: 4.O. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A pprove Agreement with Comlink Midwest, L L C, for Project 2018-117, F iber Optic E xtension to Water Towers S taff Contact: Matt Saam, Public Works Director Department / Division: P ublic Works Department AC T I O N RE Q UE S T E D: Approve the agreement with C omlink Midwest, LLC, for Project 2018-117, Fiber Optic Extension to Water Towers, in the amount of $50,124.00. S UM M ARY: On Tuesday, J anuary 9, 2018, quotes were received from three vendors for installation of fiber optic conduit and cabling to three C ity water towers: Longridge, N ordic, and Valleywood. T he impetus for connecting these towers to fiber optic at this time is the upcoming water meter project which will utilize antennas on the water towers to read water meter usage data. T he water meter data will then be transmitted over fiber optic cable lines to the Finance Department at the Municipal Center. T he attached quote recommendation report from the C ity's consultant, Elert & Associates, recommends the City go with the lowest quote from Comlink Midwest, LLC. B AC K G RO UND: On September 28, 2017, the C ity C ouncil approved an agreement with Elert & Associates Networking Division, Inc., for fiber optic consulting services. B UD G E T I M PAC T: Funding for the project will come from funds allocated for the water meter replacement project in the water utility fund. AT TAC HM E NT S : Quotation City of Apple Valley Fiber Optic WAN Expansion Water Towers Project January 10, 2018 Prepared by: Felix Fayngersh ELERT & ASSOCIATES (651) 430-2772 (Main) (651) 705-1237 (Direct) felix.fayngersh@elert.com www.elert.com City of Apple Valley Fiber Optic WAN Expansion Water Towers Project Elert & Associates Page 2 Fiber Optic Network Recommendation 1. Document Goal The purpose of this study is to summarize our evaluation of the Fiber Optic Network quotes for the City of Apple Valley and to present our recommendation. Our evaluation of the quote responses is based upon the submitted pricing, vendor qualifications/capabilities, and completeness of the responses. 2. Quote Matrix Three (3) quotes were submitted in response to the Quote for Metropolitan Area Fiber Optic Network. The following vendors submitted responses: 1) Arvig Communication Systems 2) Comlink Midwest LLC 3) MP NexLevel, LLC Company Quote Bond Base Quote Arvig Communication Systems X $54,955.00 Comlink Midwest, LLC X $50,124.00 MP NexLevel, LLC X $67,819.78 3. References for Comlink Midwest Comlink Midwest received very positive feedback. According to their references, they were knowledgeable about the products they installed, they were pleasant and easy to work with, they stuck to their budgets, and they had quality installations. 4. Recommendation Comlink Midwest is the lowest qualify proposer Therefore, Elert & Associates recommends that The City of Apple Valley select Comlink Midwest for the installation of the fiber optic infrastructure. Elert & Associate believe that Comlink Midwest met all requested specifications. 5. Contract Issues As part of the contract between the selected vendor and the City of Apple Valley, E&A recommends that the original Request for Quote (RFQ) be made part of the agreement. City of Apple Valley Fiber Optic WAN Expansion Water Towers Project Elert & Associates Page 3 Further, this language should be added to the contract: “In the event of a discrepancy between the contract and the original RFQ, the terms and provisions of the RFQ shall take precedence.” Any modifications or clarifications as well as all alternates selected should be included in the contract, including any cost changes. 6. Other Recommendations Elert & Associates recommends the review of purchasing, recommendation criteria, and procedures by the City of Apple Valley legal counsel prior to award of the project to ensure compliance and compatibility with all public laws, policies, and procedures. Elert & Associates further strongly recommends that the City of Apple Valley require the selected vendor to provide a performance bond prior to the start of the project. Elert & Associates represents that the information and recommendations contained within this report are prepared for the City of Apple Valley based on the most current data made available during the specified study period. The nature of this report is meant to be advisory only. The City of Apple Valley management is responsible for all consequences resulting from its decisions in accepting, rejecting, or implementing these recommendations. I T E M: 4.P. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A pprove P ersonnel Report S taff Contact: Melissa Haas, Human Resources Manager Department / Division: Human Resources Division AC T I O N RE Q UE S T E D: Approve the personnel report. S UM M ARY: T he employment actions attached to this memo are recommended for City C ouncil approval. B AC K G RO UND: T he City Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. B UD G E T I M PAC T: Budgeted positions. AT TAC HM E NT S : Personnel Report PERSONNEL REPORT February 22, 2018 City of Apple Valley Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Name Last Name Action Position Status Dept. Base Pay Rate Pay Type Pay Scale Date (on or about) Samuel Levey Hire Facility Attendant - Warming House Seasonal 1800 $ 10.00 Hourly C-01 2/9/2018 Mark McDonald Rehire Recreation Facility Assistant Seasonal 5105 $ 11.65 Hourly C-03 3/1/2018 Ahmed Omer Hire Civil Engineer Part-Time, Regular 1510 $ 77,253.00 Annual 190E 3/12/2018 Steve Rother Promotion Working Foreman Part-Time, Regular 1710 $ 32.87 Hourly UMW 2/23/2019 Gerald Schmidt Rehire Recreation Facility Assistant Seasonal 5105 $ 11.65 Hourly C-03 3/1/2018 Dave Willman Promotion Technical Specialist Full-Time, Regular 5305 $ 30.48 Hourly UMT 2/23/2018 The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 I T E M: 4.Q. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Consent A genda Description: A pprove Claims and B ills S taff Contact: Ron Hedberg, Finance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: Approve claims and bills. S UM M ARY: Attached for C ity C ouncil review and approval are check registers for recent claims and bills. B AC K G RO UND: N/A B UD G E T I M PAC T: Check registers dated J anuary 31, 2018, and February 7, 2018, in the amounts of $278,896.72, and $840,094.01 respectively. AT TAC HM E NT S : Claims and Bills Claims and Bills I T E M: 5.A. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Regular A genda Description: P resentation of Chief's Award of Merit to Mr. Bill Tschohl S taff Contact: J on Rechtzigel, Police Chief Department / Division: P olice Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: Apple Valley resident Bill Tschohl is a staunch supporter of the A pple Valley Police Department. He spearheaded campaigns to encourage Apple Valley citizens and business owners to vocally support their police department. Bill has written newspaper articles, hand written thank you notes, brought in pie for the officers, and provided each police department employee with a certificate of support so employees have a tangible reminder of the community’s support. Bill also positively contributes to many other Apple Valley organizations including the Rotary Club, Beyond the Yellow Ribbon, and a Polio Awareness Movement. During this challenging time for the law enforcement profession, Bill constantly reminds us that our community supports and appreciates their police department. Bill’s enthusiasm and personal support of the police department has improved operations and motivates department employees to continue engaging in outstanding community service. Bill’s positive influence on the Apple Valley Police Department is greatly appreciated and is worthy of formal recognition through this award. 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 :F ebruary 22, 2018 S E C T I O N:Regular A genda Description: Update on A pple Valley Beyond the Yellow Ribbon Network S taff Contact: Tom L awell, City A dministrator Department / Division: A dministration Department AC T I O N RE Q UE S T E D: Representatives from the A pple Valley Beyond the Yellow Ribbon Network have requested time on the February 22, 2018, agenda to update the City Council on their recent activities. No formal C ity Council action is required. S UM M ARY: Apple Valley Beyond the Yellow Ribbon Network President Paul C hellsen will provide information on their work over the past year and will also share their plans for 2018. Committee member Bill Tschohl and others from the group will also likely be in attendance. B AC K G RO UND: T he Apple Valley Beyond the Yellow Ribbon (AVBY R) support network consists of a group of volunteers dedicated to improving the lives of service members and their families in our community. T he group has often worked with C ity officials on special cases within the community when veterans have needed special support in solving difficult, personal issues. Apple Valley Police Officer J osh Gerving serves as the law enforcement liaison to the group. T he AVBY R group has also helped families of deployed personnel by providing home maintenance support. Additionally, the local business community is also committed to partnering with the local WorkForce Center to assist veterans in finding employment within the community. Apple Valley American Legion Post 1776 has also been a key supporter of the AVBY R group since its inception. T he C ity of Apple Valley was officially recognized as a Beyond the Yellow Ribbon Community by Governor Mark Dayton in 2012. We are fortunate to have this volunteer group at work in the community to support service members and their families, and we thank them for their tireless efforts. B UD G E T I M PAC T: N/A I T E M: 5.C. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Regular A genda Description: L oKo Bowling, I nc., d/b/a Bogart's/Apple Place Bowl, 14917 Garrett Avenue S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: 1. Hold a public hearing. 2. Adopt the resolution approving issuance of On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales. S UM M ARY: On February 22, 2018, the C ouncil will hold a public hearing on the application by LoKo Bowling, Inc., d/b/a Bogart's/Apple Place Bowl for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales for a restaurant and bowling alley located at 14917 Garrett Avenue. Subject to any comments received at the public hearing, the resolution authorizing issuance of the licenses to LoKo Bowling, Inc., d/b/a Bogart's/Apple Place Bowl, can be adopted. B AC K G RO UND: T he Police and Fire Departments have completed the necessary background and site investigations and find no reason the license cannot be authorized. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION APPROVING LIQUOR LICENSE WHEREAS, the City Council, pursuant to City Code Section 111.22 held a public hearing on February 22, 2018, with respect to issuance of a liquor license for LoKo Bowling, Inc., d/b/a Bogart’s/Apple Place Bowl, in connection with a restaurant and bowling alley located at 14917 Garrett Avenue; and WHEREAS, the City Council has reviewed the application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley as follows: 1. To grant and approve a license for "On-Sale Intoxicating Liquor" and "Special License for Sunday Liquor Sales" to LoKo Bowling, Inc., d/b/a Bogart’s/Apple Place Bowl on premises located at 14917 Garrett Avenue, in accordance with plans on file with the City, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. The license shall not be effective until the building is ready for occupancy and conforms to the premises described in the application approved by the Council. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o'clock p.m., December 31, 2018. A renewal application must be received on or before October 1, 2018, pursuant to City Code Section 111.23(B). ADOPTED this 22nd day of February, 2018. ________________________________ Mayor Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 5.D. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Regular A genda Description: P ass Ordinance Amendments P ertaining to I lluminated B uilding Signage in P lanned Development No. 679/Zone 3 (Recommend waiving second reading) S taff Contact: Thomas L ovelace, City Planner Department / Division: Community Development Department Applicant: E lder Doyle, L L C P roject Number: P C17-43-O Applicant Date: 12/18/2017 60 Days: 2/15/2018 120 Days: 4/16/2018 AC T I O N RE Q UE S T E D: Accept the first reading, waive the second reading, and pass amendments to Planned Development No. 679 to allow illuminated building signage on the side of buildings facing an adjacent public street that abuts residentially zoned property or directly abuts residentially zoned property in Zone 3. S UM M ARY: For your consideration is a request from Elder Doyle, LLC , to amend Planned Development Ordinance No. 679 to allow for illuminated building signage on building elevations that are adjacent or abutting residentially zoned property in Zone 3 of the planned development only. T his would allow the Foliage Medical O ffice building located at 15160 Foliage Avenue to put illuminated signage on the south and south half of west building elevations. T he site abuts AutoZone and Discount Tire to the north, Home Depot to the east, Orchard Point townhomes to the south, and is adjacent to the Gabella Apartments and Abra Auto Body and Glass Repair to the west. T he C ity's sign code currently allows for signage on the side of building that abuts business or industrially zoned property or a public street, except where the side of the building faces an adjacent public street that abuts residentially zoned property. C urrently, the Foliage Medical Office building in the before-mentioned planned development is the only one affected by this sign code regulation. In fact, a portion of the west elevation located north of Gabella Street would be allowed illuminated signage. Home Depot is the only other property that abuts residentially zoned property, but it is located in Zone 2 of the planned development. T herefore, that property would not be a beneficiary of the proposed ordinance amendments. T he applicant originally proposed the following conditions to be applied to the amendment: 1. All signs facing west or south must be white. 2. All illuminated signs facing west or south must not exceed 125 nits in intensity. 3. All illuminated signs facing west or south must be turned off during the hours of 10:00 p.m. to 6:00 a.m. T he Planning Commission held a public hearing concerning this request on J anuary 17, 2018. No one spoke on the night of the hearing and the hearing was closed. Staff did receive an e-mail from a resident in the Orchard Point development who was opposed to the request because of the additional lighting and its impact to the existing condition on the property. If the request is approved, the C ity should be guaranteed that the illuminated signage will not have a negative impact to his property. T herefore, a condition was added requiring the submission of a light distribution plan to ensure the site lighting, with the addition of the illuminated signs, will meet the applicable lighting requirements set forth in the city code. Also at the public hearing on the 17th, the applicant stated that the signs would be individually lit letters and he agreed to increasing the time that the illuminated signs would be turned off. T he applicant's comments are reflected in the proposed ordinance amendments. On February 7, 2018, the Planning C ommission voted 5-0 to recommend approval of the amendments to the planned development ordinance. T he draft ordinance reflects the Commission's recommendation. B AC K G RO UND: T he applicant uses a nit as the measure of luminance for the proposed signage. A nit is a unit of visible-light intensity, commonly used to specify the brightness of a liquid crystal display or light-emitting diodes. Since the C ity typically uses foot-candles to measure illumination, staff requested that the applicant provide a comparison between a nit and a foot- candle. Information provided by the applicant states that one nit is equivalent to one candela, formally known as candlepower, per square meter. T herefore, 125 nits is equal to 125 foot- candles. City code states that: "In all districts, any lighting used to illuminate an off-street parking area or sign shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. In residential areas, any light or combination of lights that cast light on any adjacent residential property shall not exceed 1/2 foot candle (meter reading) as measured at the property line. Lighting fixtures for new and renovated outdoor sports and recreational facilities that adjoin residential uses shall be designed to eliminate reflected glare and spill light from the bottom one-third of the reflector, and to shield the view of the arc tube from the residential property." One of the conditions in the proposed amendments is the submission of a light distribution plan, which will measure the light intensity on the property. T his will be used to ensure that the signage will meet the minimum light requirements set forth in the city code. T he Foliage Medical Office building is approximately 300 feet from the Gabella apartments to the west and 400 feet from the nearest Orchard Point townhome. T he property where the office building is located approximately 14 feet higher than Foliage Avenue. T he Commission asked the applicant to provide information on the impact of sign glare on the adjacent and abutting residential properties based upon the distance and height of those signs. T he applicant has submitted a drawing, which shows the light intensity at different intervals. It indicates that the intensity lowers significantly as you move away from the building. T herefore, it does not appear that there will be a significant impact to adjacent properties. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Ordinance Applicant L etter Correspondence Area Map Comp Plan Map Z oning Map Elevations L ighting Plan Presentation CITY OF APPLE VALLEY ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-APPENDIX F OF THE CITY CODE ENTITLED “APPENDIX F: PLANNED DEVELOPMENT DESIGNATIONS” BY AMENDING ARTICLE A25 REGULATING PLANNED DEVELOPMENT DESIGNATION NO. 679 The City Council of Apple Valley ordains: Section 1. Article A25 of the Apple Valley City Code is hereby amended by adding Section A25-6 (G) to read as follows: § A25-6 SPECIAL PERFORMANCE STANDARDS. * * * * (G) Building Signage. Illuminated building signage on the side of buildings in Zone 3 facing an adjacent public street that abuts residentially zoned property or directly abuts residentially zoned property shall be allowed, subject to the following conditions: (1) The illuminated signs shall be white channel lettering on a raceway only. (2) The illuminated signs shall not exceed 125 nits in intensity as measured at the sign face. (3) The illuminated signs shall remain unlit from the hours of 9:00 p.m. to 7:00 a.m. (4) A light distribution plan shall be submitted to ensure compliance with applicable city ordinances. (5) All other applicable sign regulations set forth in Chapter 154 shall be strictly adhered to. Section 2. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. PASSED by the City Council this 22nd day of February, 2018. _________________________________ Mayor Hamann-Roland, Mayor 2 ATTEST: ________________________________ Pamela J. Gackstetter, City Clerk THE COLORS SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL COLORS -THE ELEVATION SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL SIZES 325 MINNESOTA AVE. N. P.O. BOX 357 ORONOCO, MN 55960 PHONE / 507-367 -2631 FAX / 507-367-2633 1610 E. CLIFF RD. BURNSVILLE, MN 55337 PHONE / 952-894-2421 FAX / 952-894-2748 THIS DRAWING IS THE PROPERTY OF These Drawings Are The Exclusive Property Of Schad Tracy Signs. They Represent chargeable time spent. They are submitted for your personal use under the agreement that the use of this design in its entirety or any part will not be reproduced, copied, lent or used for any purpose without written consent from Schad Tracy Signs. Client: FOLIAGE MEDICAL OFFICE BUILDING FOLIAGE AVE & 150TH ST. W APPLE VALLEY, MN Date: JAN. 26 2018 00-00 NA NA NA NA NA NA 00-00 00-00 00-00 00-00 00-00 Drawing Number: RB9057-02-18-16 RICK B. 0’-1/32”=1’-0” Austin Odom THIS IS AN ORIGINAL DRAWING PROVIDED AS PART OF A PLANNED PROJECT AND IS NOT TO BE EXHIBITED COPIED OR REPRODUCED WITHOUT THE WRITTEN PERMISSION OF SCHAD TRACY SIGNS OR IT’S AUTHORIZED AGENTS. ALL RIOGHTS RESERVED. ILLUMINATION RENDERING N 100' SOUTH/ EAST VIEWS 5' - 125 NITS 20' - 80 NITS 50' - 30 NITS 30' - 57 NITS 100' 5' 20' 30' 50' 1 NIT=1 CANDELA/ SQ. METER THE COLORS SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL COLORS -THE ELEVATION SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL SIZES 325 MINNESOTA AVE. N. P.O. BOX 357 ORONOCO, MN 55960 PHONE / 507-367 -2631 FAX / 507-367-2633 1610 E. CLIFF RD. BURNSVILLE, MN 55337 PHONE / 952-894-2421 FAX / 952-894-2748 THIS DRAWING IS THE PROPERTY OF These Drawings Are The Exclusive Property Of Schad Tracy Signs. They Represent chargeable time spent. They are submitted for your personal use under the agreement that the use of this design in its entirety or any part will not be reproduced, copied, lent or used for any purpose without written consent from Schad Tracy Signs. Client: FOLIAGE MEDICAL OFFICE BUILDING FOLIAGE AVE & 150TH ST. W APPLE VALLEY, MN Date: JAN. 26 2018 00-00 NA NA NA NA NA NA 00-00 00-00 00-00 00-00 00-00 Drawing Number: RB9057-02-18-16 RICK B. 0’-1/32”=1’-0” Austin Odom THIS IS AN ORIGINAL DRAWING PROVIDED AS PART OF A PLANNED PROJECT AND IS NOT TO BE EXHIBITED COPIED OR REPRODUCED WITHOUT THE WRITTEN PERMISSION OF SCHAD TRACY SIGNS OR IT’S AUTHORIZED AGENTS. ALL RIOGHTS RESERVED. ILLUMINATION RENDERING N 100' 100' 5' - 125 NITS 5' 20' 30' 50' 20' - 80 NITS 50' - 30 NITS 30' - 57 NITS NORTH/ WEST VIEWS 1 NIT=1 CANDELA/ SQ. METER 2/22/2018 1 “PD‐679” ORDINANCE AMENDMENTS APPLE VALLEY CITY COUNCIL PRESENTATION February 22, 2018 “PD‐679” ORDINANCE AMENDMENTS Request Amendments to  Section A25‐6  Special Performance Standards. Allow for Illuminated signage on the side of a building facing a  residentially zoned property in zone 3 shall be subject to the  following conditions: 1. All signs shall be white. 2. The maximum luminance of any illuminated sign shall  be 125 nits. 3. Illumination of building signs shall be limited to the  hours of 6:00 a.m. to 10:00 p.m.  2/22/2018 2 LOCATION MAP Foliage Medical  Building Gabella Apts. Orchard Point  COMP PLAN MAP “C” (Commercial) 2/22/2018 3 ZONING MAP “PD‐679/Zone 3” (Planned Development BUILDING SIGN LOCATION/DESIGN 2/22/2018 4 BUILDING SIGN LOCATION/DESIGN ILLUMINATION RENDERING 2/22/2018 5 ILLUMINATION RENDERING “PD‐679” ORDINANCE AMENDMENTS RECOMMENDATION  Approval of ordinance amendments to Planned Development  No. 679 to allow illuminated building signage on the side of  buildings facing an adjacent public street that abuts residentially  zoned property or directly abuts residentially zoned property,  subject to the following conditions:   •The illuminated signs shall be white channel lettering on a  raceway only.  •The illuminated signs shall not exceed 125 nits in intensity  as measured at the sign face.  •The illuminated signs shall remain unlit from the hours of  9:00 p.m. to 7:00 a.m.  •A light distribution plan shall be submitted to ensure  compliance with applicable city ordinances. 2/22/2018 6 “PD‐679” ORDINANCE AMENDMENTS ISSUES 1. The applicant should provide a comparison  between anit and a foot‐candle and how many  foot‐candles would equal 125 nits. 2. The applicant should present information that the  proposed amendments will meet current lighting   requirements. 3. Information should be provided by the applicant  on the impact of sign glare on the adjacent and  abutting residential properties based upon the  distance and height of those signs. 4. Consider reducing the proposed length of time  that signs can be lit. I T E M: 5.E. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Regular A genda Description: A dopt Resolution A ppointing Member to F ill Vacancy on Telecommunications Advisory Committee with Term Expiring March 1, 2018 S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Adopt the resolution appointing a member to the Telecommunications Advisory Committee for a term expiring March 1, 2018. S UM M ARY: Six applications for the Telecommunications Advisory C ommittee were received by the deadline and provided to you under separate cover. Listed below are the names of the individuals interested in serving on the Telecommunications Advisory C ommittee. Barry Berg Michael Deeny J eremy Hensche Lorne Parker Mason Smith Tyler Williams T here is one vacancy. T his appointment has a three-year term expiring March 1, 2018. If the C ity Council would like to proceed with filling the vacancy, ballots will be distributed. Following the balloting process, a motion should be made adopting the resolution appointing the individual to the C ommittee. B AC K G RO UND: On September 14, 2017, the C ity Council authorized accepting applications through October 31, 2017, to fill the vacancy on the Telecommunications Advisory C ommittee. At the November 21, 2017, City Council meeting, the Council extended the application deadline to J anuary 31, 2018. A copy of the resolution establishing procedures for appointing committee members is attached for your reference. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Background Material Resolution CITY OF APPLE VALLEY RESOLUTION NO. 1997-165 A RESOLUTION ESTABLISHING A PROCEDURE FOR APPOINTMENT TO FILL POSITIONS ON COMMISSIONS AND COMMITTEES WHEREAS, the City Council has established advisory commissions and committees whose members are appointed by the Council and any vacancies during a term are also filled by Council appointment, and WHEREAS, the City Council desires to establish a written procedure by which to make such appointments, and WHEREAS, this procedure will be used as a preliminary process and not a binding Council action; further Council action, by motion, will be necessary to appoint candidates for the positions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following procedure will be used to reduce the number of candidates considered by the Council in making appointments to advisory commissions and committees and to fill any vacancies thereon: 1. The Mayor will call for nominations for a position or positions from the Councilmembers. 2. A nominee may decline the nomination at any point up to the time that nominations are closed. 3. When no further nominations are offered, the Mayor will close nominations. 4. If the number of nominations is equal to the number of positions to be filled, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint ________________to the position of _________________." Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. 5. If the number of nominations is greater than the number of positions to be filled, a written roster will be prepared listing the nominees and the Council shall proceed in the following manner: a) On the first round, and any subsequent rounds, each Councilmember shall, in writing, select that certain number of names which is one less than the total number of the names appearing. b) After the City Clerk has received the selection from each Councilmember, the City Clerk shall record the selection and announce the remaining names. c) Any name or names not having been selected by more than two of the Councilmembers shall be stricken by the City Clerk from the succeeding round and shall no longer appear as a name(s) to be considered by the Council; except that, if after selection by the Council there results a tie between or among all the names appearing on the round, the Council, in writing shall again select until one or more names have been stricken; provided, however, that if such a situation exists, the Council shall not reselect more than three times. In such a situation, the process shall end. Otherwise, the process shall end when only one name remains. d) After the process has ended, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint _______________ to the position of _________________.” Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. ADOPTED this 10th day of July, 1997. /s/ Gary L. Humphrey Gary L. Humphrey, Mayor ATTEST: /s/ Mary E. Mueller Mary E. Mueller, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION APPOINTING TELECOMMUNICATIONS ADVISORY COMMITTEE MEMBER WHEREAS, Section 32.02 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Telecommunications Advisory Committee; and WHEREAS, a vacancy now exists on the Telecommunications Advisory Committee due to the passing of Mark Moore. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that _________________ is hereby appointed to the Telecommunications Advisory Committee for a term expiring March 1, 2018. BE IT FURTHER RESOLVED that members of the Telecommunications Advisory Committee are then as follows: Name Term Expires 1. Vacant March 1, 2018 2. Rollin Bible March 1, 2019 3. Jerry Brown March 1, 2019 4. David Cherner March 1, 2020 5. Dale Rodell March 1, 2020 ADOPTED this 22nd day of February, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 5.F. C O UNC I L ME E T I NG D AT E :F ebruary 22, 2018 S E C T I O N:Regular A genda Description: A dopt Resolutions Reappointing Commissioners/Committee Members S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: 1. Adopt the resolution reappointing C emetery Advisory C ommittee Members. 2. Adopt the resolution reappointing Parks & Recreation Advisory C ommittee Members. 3. Adopt the resolution reappointing Planning Commissioners. 4. Adopt the resolution reappointing Telecommunications Advisory Committee Members. 5. Adopt the resolution reappointing Traffic Safety Advisory C ommittee Members. 6. Adopt the resolution reappointing Urban Affairs Advisory C ommittee Members. S UM M ARY: In accordance with Ordinance 880 and the resolutions establishing committees and membership terms, following is a list of Commissioners/Committee Members who need to be reappointed due to their term expiring March 1, 2018. A ll of the members listed have expressed interest in serving an additional term. Committee Member Name New Term E xpires C emetery Advisory C ommittee Timothy Anderson 2021 David Kemp 2021 Parks & Recreation Advisory C ommittee Boyd Montgomery 2021 Brenton Schulz 2021 Planning Commission Ken Alwin 2021 T homas Melander 2021 Telecommunications Advisory C ommittee VA C A N T 2021 Traffic Safety Advisory C ommittee Charles Grawe 2021 Fred Puente 2021 Urban Affairs Advisory C ommittee Tom Adamini 2021 Sharon Schwartz 2021 Attached are resolutions reappointing the members of each committee for their new terms. B AC K G RO UND: T he membership term for all committees is three years. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Resolution Resolution Resolution Resolution Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION REAPPOINTING CEMETERY ADVISORY COMMITTEE MEMBERS WHEREAS, Section 32.36 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Cemetery Advisory Committee; and WHEREAS, Cemetery Advisory Committee members hold three-year terms; and the terms of Timothy Anderson and David Kemp expire March 1, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that Timothy Anderson and David Kemp are hereby reappointed to the Cemetery Advisory Committee for a term expiring March 1, 2021. BE IT FURTHER RESOLVED that members of the Cemetery Advisory Committee are then as follows: Name Term Expires 1. Tanya Grawe March 1, 2019 2. Jay Hoekstra March 1, 2019 3. Nancy Anderson March 1, 2020 4. David Brueshoff March 1, 2020 5. Alan Kohls March 1, 2020 6. Timothy Anderson March 1, 2021 7. David Kemp March 1, 2021 ADOPTED this 22nd day of February, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION REAPPOINTING PARKS & RECREATION ADVISORY COMMITTEE MEMBERS WHEREAS, Section 32.36 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Parks & Recreation Advisory Committee; and WHEREAS, Parks & Recreation Advisory Committee members hold three-year terms; and the terms of Boyd Montgomery and Brenton Schulz expire March 1, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that Boyd Montgomery and Brenton Schulz, are hereby reappointed to the Parks & Recreation Advisory Committee for a term expiring March 1, 2021. BE IT FURTHER RESOLVED that members of the Parks & Recreation Advisory Committee are then as follows: Name Term Expires 1. Josh Gaffke March 1, 2019 2. Noel Hammill March 1, 2019 3. Jessica Montgomery March 1, 2019 4. Matthew Hinrichs March 1, 2020 5. Ben Van Gundy March 1, 2020 6. Boyd Montgomery March 1, 2021 7. Brenton Schulz March 1, 2021 ADOPTED this 22nd day of February, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION REAPPOINTING PLANNING COMMISSIONERS WHEREAS, Section 32.36 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Planning Commission; and WHEREAS, Planning Commissioner members hold three-year terms; and the terms of Ken Alwin and Thomas Melander expire March 1, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that Ken Alwin and Thomas Melander are hereby reappointed to the Planning Commission for a term expiring March 1, 2021. BE IT FURTHER RESOLVED that members of the Planning Commission are then as follows: Name Term Expires 1. Tim Burke March 1, 2019 2. Paul Scanlan March 1, 2019 3. Keith Diekmann March 1, 2020 4. Jodi Kurtz March 1, 2020 5. David Schindler March 1, 2020 6. Ken Alwin March 1, 2021 7. Thomas Melander March 1, 2021 ADOPTED this 22nd day of February, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION REAPPOINTING TELECOMMUNICATIONS ADVISORY COMMITTEE MEMBERS WHEREAS, Section 32.36 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Telecommunications Advisory Committee; and WHEREAS, Telecommunications Advisory Committee members hold three-year terms; and the term of VACANT expire March 1, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that VACANT are hereby reappointed to the Telecommunications Advisory Committee for a term expiring March 1, 2021. BE IT FURTHER RESOLVED that members of the Telecommunications Advisory Committee are then as follows: Name Term Expires 1. Rollin Bible March 1, 2019 2. Jerry Brown March 1, 2019 3. David Cherner March 1, 2020 4. Dale Rodell March 1, 2020 5. VACANT March 1, 2021 ADOPTED this 22nd day of February, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION REAPPOINTING TRAFFIC SAFETY ADVISORY COMMITTEE MEMBERS WHEREAS, Section 32.36 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Traffic Safety Advisory Committee; and WHEREAS, Traffic Safety Advisory Committee members hold three-year terms; and the terms of Charles Grawe and Fred Puente expire March 1, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that Charles Grawe and Fred Puente are hereby reappointed to the Traffic Safety Advisory Committee for a term expiring March 1, 2021. BE IT FURTHER RESOLVED that members of the Traffic Safety Advisory Committee are then as follows: Name Term Expires 1. Linda Dolan March 1, 2019 2. Matt Saam March 1, 2019 3. Joe Shaw March 1, 2019 4. John Bermel March 1, 2020 5. Arthur Zimmerman March 1, 2020 6. Charles Grawe March 1, 2021 7. Fred Puente March 1, 2021 ADOPTED this 22nd day of February, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION REAPPOINTING URBAN AFFAIRS ADVISORY COMMITTEE MEMBERS WHEREAS, Section 32.36 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Urban Affairs Advisory Committee; and WHEREAS, Urban Affairs Advisory Committee members hold three-year terms; and the terms of Tom Adamini and Sharon Schwartz expire March 1, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that Tom Adamini and Sharon Schwartz are hereby reappointed to the Urban Affairs Advisory Committee for a term expiring March 1, 2021. BE IT FURTHER RESOLVED that members of the Urban Affairs Advisory Committee are then as follows: Name Term Expires 1. Barry Berg March 1, 2019 2. Sandy Breuer March 1, 2019 3. Walton Mahlum March 1, 2019 4. Pamela Sohlberg March 1, 2020 5. John Vegter March 1, 2020 6. Tom Adamini March 1, 2021 7. Sharon Schwartz March 1, 2021 ADOPTED this 22nd day of February, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 7. C OUNC I L ME E T I NG D AT E:F ebruary 22, 2018 S E C T I ON:C alendar of Upcoming Events D escription: Approve Calendar of Upcoming Events Staff C ontact: Stephanie Marschall, D eputy City Clerk Department / Division: City Clerk’s Office AC T ION RE QUE 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 City Council. S UM M ARY: Day/Date Time L ocation Ev ent Mon./Feb. 19 C ity Offices C losed President's Day Wed./Feb. 21 7:00 p.m.Municipal C enter Planning C ommission Meeting T hur./Feb. 22 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting * Sat./Feb. 24 5:30 p.m.Valleywood Fire Department Awards Banquet Tue./Feb. 27 4:00-6:00 p.m.American Legion Post 1776 Chamber Business After Hours Tue./Feb. 27 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee Meeting Wed./Feb. 28 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting T hur./Mar. 1 6:00 p.m.Municipal C enter Informal Parks & Recreation Advisory Committee Meeting T hur./Mar. 1 7:00 p.m.Municipal C enter Parks & Recreation Advisory Committee Meeting Fri./Mar. 2 8:30 a.m.-2:00 p.m. Schaar’s Bluff Gathering Center, Hastings, MN Special Informal C ity Council Meeting Mon./Mar. 5 7:00 p.m.Municipal C enter Telecommunications Advisory Committee Meeting Tue./Mar. 6 7:30-9:00 a.m.Pure Barre Chamber Coffee C onnection Wed./Mar. 7 7:00 p.m.Municipal C enter Planning C ommission Meeting T hur./Mar. 8 5:30 p.m.Municipal C enter Informal C ity Council Meeting T hur./Mar. 8 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting * Sat./Mar. 10 5:00-9:00 p.m.Valleywood C lubhouse Apple Valley Arts Foundation Frozen Apple Concert Series Mar. 11-14 Washington D.C.National League of C ities Annual Congressional C ity C onference Wed./Mar. 14 7:00 p.m.Municipal C enter Traffic Safety Advisory Committee Meeting T hur./Mar. 15 5:00 p.m.American Legion Post 1776 Yellow Ribbon Military Appreciation Dinner T hur./Mar. 15 5:00-7:00 p.m.T hink Mutual Bank Chamber Business After Hours B AC K G RO 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. gathering. Only at events marked with an asterisk will any action of the Council take place. B UD G E T IM PAC T: N/A