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HomeMy WebLinkAbout09/27/2018 Meeting M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 September 27, 2018 C IT Y C O UN C IL S PEC IA L IN F O RMA L MEET IN G T EN TAT IVE D ISC US SIO N IT EMS 5:30 P M 1.C ouncil Discussion Items (5 min.) 2.Discuss Kelley Park Master Plan Development (35 min.) 3.Discuss Ordinance Related to Special Events, Temporary Signage, and Mobile Food Unit (20 min.) 4.Discuss Ordinance Amending Chapter 155 of the C ity Code Related to Impervious and Building Coverage on One- and Two-Family Lots and within Shoreland Overlay District (15 min.) 5.Adjourn C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A 7:00 P M 1.C all to Order and Pledge 2.Approve Agenda 3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda 4.Approve C onsent Agenda Items C onsent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda f or consideration. A.Approve Minutes of September 13, 2018, Regular Meeting B.Adopt Resolution Accepting Donation from Anthony Iverson of Community Alliance and 4Kids Fundraising for Use by Parks and Recreation Department C .Approve 2018 Christmas Tree Sales Lot License for William E. Brabec d/b/a Silver Bell Christmas Tree Farm on Lot 2, Block 1, East Valley Plaza 3rd Addition D.Adopt Resolution Setting Public Hearing at 7:00 p.m. on October 25, 2018, for New On-Sale Wine and 3.2 Percent Malt Liquor License for T & D Choice, LLC, d/b/a Phovalley C uisine, 7538 149th Street W. E.City Online Auction 1. Declare Certain C ity Vehicles Surplus 2. Authorize Disposal of Unclaimed Property and Surplus City Vehicles by Selling at Public Auction Held October 18 through November 1, 2018 3. Approve Agreement with Assets 2 Cash, LLC, for Online Auction Conducted through K-Bid F.Adopt Resolution Appointing J udges for November 6, 2018, General Election G.Approve Preferred Catering List for Senior C enter H.Approve Change in Operating Hours of Redwood C ommunity Center Teen Drop-In Site I.Adopt Resolution of Support for Dakota C ounty's Principal Arterial Study (C edar Avenue/C SA H 23) J .Approve Wetland Delineation for Apple Valley Golf Course K.Adopt Resolution Reauthorizing Final Plat of Village at Founders Circle 2nd Addition L.Adopt Resolution Approving Wings Financial Building Signs M.Approve Agreement with Waste Management of MN, Inc., for C ity of Apple Valley Residential Fall C lean-Up Day (Furniture and Remodeling Debris Collection) N.Approve Acceptance and Final Payment on Agreement with Nordic Services, Inc., for Project 2018-135, Well 5 Air C onditioner Installation O.Amend Personnel Policy Manual P.Approve Personnel Report Q.Approve Claims and Bills 5.Regular Agenda Items A.Proclaim October 7 through 13, 2018, as "Fire Prevention Week" and Authorize Activities Planned at Fire Stations B.Proclaim October 1 - 7, 2018, as "Minnesota Manufacturing Week" in Apple Valley 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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eptember 27, 2018 S E C T I O N:I nformal A genda I tem Description: Discuss K elley P ark Master Plan Development (35 min.) S taff Contact: B arry B ernstein, Director of P arks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: Confluence, Inc., has been awarded an agreement for the development of a new Master Plan for Kelley Park. As they work toward a final recommendation, Project Manager Terry Minarik is requesting a site inventory/program development discussion with Council regarding the future design of this premier city park. Similar meetings have already been held with the Parks and Recreation Advisory C ommittee and other interested stake holders, including Parks and Recreation staff, Community Development staff, C hamber of Commerce, Rotary C lub, and Apple Valley Arts Foundation representatives. B AC K G RO UND: Confluence, Inc., has extensively researched Apple Valley while compiling data in preparation of the 2040 C omp Plan. T hey are well versed in the areas of open opportunities within the city park system. B UD G E T I M PAC T: N/A I T E M: 3. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:I nformal A genda I tem Description: Discuss Ordinance Related to S pecial Events, Temporary S ignage, and Mobile F ood Unit (20 min.) S taff Contact: A lex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: City staff is seeking to update and receive direction from the C ity Council on the draft ordinance for Special Events, Outdoor Commercial Promotions, Temporary Signage, and Mobile Food Units. In May 2018, C ity C ouncil reviewed these draft ordinances and reviewed/approved the Park Event policy and procedure application which manages events in City parks. T hese two processes have occurred on a parallel track, the proposed ordinance changes relate to events which are not contained within a park such as those in the right-of-way, on private business property, or at religious institutions and school events. T hey would not apply to events which normally occur on these properties such as outdoor religious services or pep rallies, but would apply to an outdoor concert with amplified music or a marathon. T he C ity C ouncil would continue to review and approve community events, often done in conjunction with sponsoring organizations such as the C hamber of C ommerce, Apple Valley Freedom Days Committee, and the Apple Valley Arts Foundation, that may or may not be conducted fully within a park. Freedom Days, Oktoberfest, the Home and Garden Expo, Music in Kelley Park, and the Farmer's Market are examples of events the Council would continue to review separately. Several current ordinance sections will require minor amendments to be consistent with the draft ordinance. A summary of the amendments has been created to provide the C ity C ouncil and staff an outline of the changes to these sections. T he primary goal of this ordinance is to create a new classification of events because the current code does not address the scope of the emerging larger spectrum of events. Past experience by staff recognizes that simple neighborhood events such as sidewalk sales, promotional sales, grilled hot dog/burger fundraisers have evolved. T hese events are still popular, but are expanding into events with a larger scope that the code currently does not recognize. T he following are examples of these events. Employee team building with food trucks offering lunch that include customer and some public participation. Shared parking promotional events with information, merchandise, and music. Amplified music programs that occur outdoors by religious institutions and businesses in parking lots and grassy areas. T he attached draft ordinances allow the following: A shift to an Avolve/P IMS based permitting process with low fees for small events and conditions for larger events which allow for reimbursement of City costs. Tracking of all events which will generate reports of experiences and a historical record. Regulation of food carts (a rarity) and food trucks (a new trend). Continued C ity Council review of "community events". Staff review for smaller events (C ommunity Development leading coordination with Public Works, Parks and Recreation, Police, and Fire reviewing as needed). A threshold of events with 300+ persons projected at any one time that triggers City Council review. A fee structure including; A low fee for electronic submission and review of business promotions and small events. A fee structure for plan review and where City staff resources are reimbursed. B AC K G RO UND: To coincide with the draft changes to the promotions and events sections of the code, several other chapters needed to be updated. T hese include temporary signs, right of way regulations, transient merchant, and vending cart regulations. Each of these draft sections are attached to this report. One of the primary requests from the business community has been to allow for temporary signage to not be tied to an event, and to increase the total number of days a temporary sign is permitted. Previously, temporary signs had a duration of no more than 10 days for any event and 30 days in total per year. T he draft ordinance increases the time a temporary sign is permitted in the C ity to 45 days per year and removes the requirement that the sign be tied to an event. T his allows businesses the flexibility to advertise for events lasting longer than 10 days, and coincides with the increase in the number of outdoor sales permitted. Storage of commercial vehicles and their location on the business location is addressed in this ordinance. T he draft allows the storage of up to 3 passenger vehicles, and one non- passenger vehicle on a commercial site. T his allows for businesses like Geek Squad, Fan Man, catering vehicles used by restaurants, and other businesses to store their vehicles on their site, where current code does not permit this. T he location of the storage shall be determined in review with staff to prevent the vehicles from being parked in unsafe locations or with the intent to have the vehicles become a "temporary" sign. T he planned ordinance changes are not in conflict with the Parks and Recreation policy and procedures application. T he following points illustrate shared goals and how these policies review different outcomes: T he Parks and Recreation application applies to events which occur primarily within a park. T he proposed ordinances apply to land outside of parks, both public and private. T hese code amendments work in tandem with park applications that may involve the use of the right-of-way. Neither process applies to how liquor sales are managed as liquor sales are managed through the C ity Clerk. T he Parks application is being used as a model for the larger special events application and has already been used for a potential upcoming event. Ordinance amendments are required to review and apply conditions to events occurring on property outside of a park. Both processes will use the same staff review committee, but are managed by different departments based on whether they occur in a park or on other property within the C ity. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Executive Summary Ordinance Ordinance Ordinance Ordinance Ordinance Ordinance Ordinance Presentation Summary of Outdoor Commercial Promotions & Special Events Outdoor Commercial Promotion (Existing regulation §155. 358) | • A sale or business-related event on commercial property conducted by tenant/occupant of commercial property on the property that the tenant/ occupant’s commercial use is located. Examples: sidewalk sale; outdoor product display; outdoor customer appreciation event ~OR~ • Fundraising sale or activity conducted by a non-profit organization or group for purposes of fundraising for the organization/group that is sponsored by tenant/occupant of the commercial property. Examples: high school band car wash, boy scouts’ brat sale; girl scouts’ cookie sales stand; • If commercial promotion, the following required: Permit~ administratively issued by Community Dev. A business may have 4 outdoor sale/event per year (4 permits per year) and each promotion event/permit for duration up to 10 days Up to 12 permits per property are allowed for fundraising events by an organization (no more than 3 days duration) –separate from any permit issued to business for its outdoor business sale /promotion. **Outdoor Food Sales (food truck, food tent/stand, food cart): Allowed only in connection with an event under a commercial promotion permit or special event (temporary outdoor event) permit. Special Event (Temporary Outdoor Event) (New proposed regulation) | •An outdoor cultural or entertainment event On public or private property in any zone or within city ROW Event open to the general public Activities include any one or combination of : o Exhibition of arts, crafts or live performance o Amplified music (live or recorded) o Amusement rides o Amusement games/activities o More than three (3) 3rd party food or product vendors Examples: farmers’ market, art/craft fair or show, street dance, music concert, fest or festival, soap box derby or car rally * Proposed Code section will also apply to athletic events (marathon, walk rally, bicycle rally or race) & parades. **Any outdoor temporary event of this sort that is to occur in a city park will be regulated by park regulations and policy. Special Events (Temporary Outdoor Event) Summary of proposed regulations for an outdoor special event: Permit~ administratively issued by Community Development Director; application subject to review/recommended approval by event committee (city department staff members: police, fire, public works, zoning and building inspections) Permit~ Council approval is required when the event proposes the following: o Anticipated attendance >300 persons o Music or other amplified sound equipment operated after 10:00 p.m. o Closure of city streets o Fireworks/pyrotechnics display/exhibition Permit application filed (with permit fee) 60 days before event Site Plan of event grounds submitted and reviewed/approved by committee All vendors must be identified and registered under the event permit If event is on city property (non-park property) or within city ROW, event permit holder must sign liability indemnification agreement Event permit holder must obtain and provide proof of general liability insurance coverage and liquor liability insurance coverage (if being sold/dispensed), naming the City as additional insured Event permit holder must pay/reimburse city for all costs incurred for city personnel, services and resources in connection with preparation of or operation of event (police presence due to traffic issues, public works costs due to post-event clean up, fire/police personnel for on-site medical response team) All event permits will have the following conditions: on-site first responder team; amplified music restrictions; vendors registered; alcohol sales licensed and area delineated; sign posting restrictions; all tents/canopies and stages comply with Building Code; all food trucks, food stands and other heat/fire apparatus subject to inspection and compliance with Fire Code 1 CITY OF APPLE VALLEY ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE REGULATING OUTDOOR PROMOTIONS & SPECIAL EVENTS AND VENDING CARTS & MOBILE FOOD UNITS The City Council of Apple Valley ordains: Section 1. Chapter 155 of the Apple Valley City Code is amended by adding the following definitions in Sections 155.03 to read as follows: VENDING CART. A portable or non-permanent structure, enclosure, or stand or a non- motorized vehicle self-propelled by the operator that used, maintained, or operated from which food or beverage is prepared, served, or otherwise provided for human consumption and for sale to the general public. MOBILE FOOD UNIT. A vehicle mounted unit, either motorized or trailered, that is used, maintained, or operated from which food or beverage is prepared, served, or otherwise provided for human consumption and for sale to the general public. Section 2. Chapter 155 of the Apple Valley City Code is amended by revising Section 155.358 to read as follows: § 155.358 SPECIAL OUTDOOR COMMERCIAL PROMOTIONS. An outdoor commercial promotion is a sales or other business-related event conducted outdoors by a leasehold or owner occupant of commercial, industrial, or institutional property on which the principal commercial operation is located. An outdoor commercial promotion by a leasehold or owner occupant of commercial property may include, but is not limited to: outdoor product display, outdoor sidewalk sale, tent sale, outdoor customer appreciation event. An outdoor commercial promotion is also a not-for-profit organization fundraising event, such as a car wash conducted by a high school team, a brat sale by a boy or girl scout troop. Special An outdoor commercial promotions in on commercial, industrial, or institutional property zoning districts such as, but not limited to, tires at service stations, carnivals at shopping centers, sidewalk sales or similar outdoor displays and sales at service stations or shopping centers, shall only be by permitted as accessory uses when administratively approved by the Zoning Administrator, subject to under the following conditions: (A) The outdoor commercial promotional sales approval shall only be given to the owner of a business or his or her duly appointed representative shall be conducted by and in connection with an occupant business on the subject property or by a not-for-profit organization for a fundraising event on the subject property with the consent of the property owner; (B) The approval permit shall be valid for a period not to exceed ten (10) days for one outdoor promotion by an occupant business and no more than four (4) permits will be issued in a calendar year to an occupant business. A permit to a not-for-profit organization for a 2 fundraising event on the subject property shall not be for more than three (3) consecutive days and no more than twelve (12) permits will be issued for a single parcel or lot of record regardless which occupant business sponsors or promotes the event. Each business shall not be allowed more than one special promotion during any calendar year, except a permit for sidewalk sales which shall not be allowed more than two times during a calendar year; (C) The outdoor commercial promotional sales shall be conducted entirely upon the owner’s subject property in a manner that will not interfere with traffic circulation or otherwise create a nuisance or safety hazard as determined by the Zoning Administrator; (D) Individual stores within a shopping center or a free-standing store may be given approval for sidewalk sales; (ED) A Ssidewalk sales shall be restricted to the area immediately adjacent to the front of the store that is conducting the sale on the sidewalk or parking lot. The sales or display shall permit a minimum four-foot wide open sidewalk area in front of each store at all times for pedestrians; and (FE) Failure to comply with these regulations shall be sufficient reason to immediately revoke the approval approved permit and grounds for denial of future permits. Section 3. Chapter 155 of the Apple Valley City Code is amended by adding Section 155.361 to read as follows: §155.361 PARADES, ATHLETIC EVENTS, AND OTHER TEMPORARY OUTDOOR EVENTS (A) Purpose. An increased number of events sponsored by private individuals, groups of private individuals and organizations involving a large number of participants or attendees of the general public have been requested within the city. The sponsors of the events have requested or the nature of the events have required city services or resources which would not have been otherwise necessary in the absence of such event, including but not limited to, street closures or restrictions, traffic direction and control, city personnel resources, city resources to provide services for the operation of a special event in whole or part, and other city services to protect the general public health, safety and welfare due to the occurrence of a special event. To protect the participants, attendees, and the general public involved in or affected by the special event, as well as to preserve and protect the city's property, streets, sidewalks and trails, and resources, it is in the best interest of the city to establish a temporary outdoor event permit process, together with rules and regulations for the operation of a temporary outdoor event under the permit. Events subject to this section may include, but are not limited to: parades; athletic events such as a marathon, walk or run event, bicycle rallies or races; farmers' markets; art or craft fairs; festivals; or street dances, parties or fairs, provided the event meets the permit requirement criteria set forth in (C) herein. 3 (B) Definitions. APPLICANT shall mean any person, organization or entity applying for a temporary outdoor event permit from the city to conduct a temporary outdoor event governed by this section. ATHLETIC EVENT shall mean an event in which a group of persons collectively engage as participants to an organized event in which the group walks, runs, skates, skis or cycles as part of a race, cause or other reason within a public right-of-way, including sidewalks and trails or use of city property in whole or part for the event within the city. For purposes of this section, an athletic event may be a timed or an untimed event or it may or may not involve an award of prizes for the top finishers. For purposes of this section, an athletic event does not include a group of individuals walking, running, or cycling solely for personal exercise or organized team practice that is not in connection with an organized or sponsored event open to the general public for participation. BLOCK PARTY shall mean a festive gathering of persons within a public or private street requiring the closure of or restriction on the street, or a portion thereof, to vehicular traffic and the attendance is open to the general public, including, but not limited to street dances, barbecues, picnics, music, games and gathering. A block party in a residential neighborhood that is hosted and attended by the occupants of the properties located along the public right-of-way in which the block party occurs shall not be deemed a "block party" for which a temporary outdoor event permit is required under this Section, provided a block party permit has been issued by the police chief and director of public works pursuant to the rules and regulations established for neighborhood block parties. EVENT shall mean a parade, athletic event, or other temporary outdoor event. OTHER TEMPORARY OUTDOOR EVENT shall mean an event open to the general public which occurs on public or private property or a public right-of-way, including any sidewalk or trail. For purposes of this section, other temporary outdoor event includes, but is not limited, to a farmer's market; art and craft fair or show; block party; soap box derby; motorized vehicle rally; street dance or fair; music concert; festival or fest or similar event in which food, beverages, goods, or wares are sold or provided to attendees. For purposes of this section, an event which its sole purpose is to advertise or sell a product, good, ware, or merchandise of an individual business establishment or vendor and is designed to be held solely for private profit will not be deemed a temporary outdoor event for which a permit may be issued and will not be eligible for a temporary outdoor event permit. OUTDOOR EVENT PERMIT COMMITTEE shall mean a committee comprising of a city employee duly appointed by the director of each of the following city departments: parks and recreation, police, fire, public works, community development, administration, and city clerk. PARADE shall mean any movement of vehicles, persons, or animals, or any combination thereof, which either moves together or as a body as an intended procession or group. The term 4 "parade" shall not include any organized marathon, walk or run event or bicycle event which is otherwise defined as an "athletic event" herein. PERMITTEE shall mean any person or organization or group issued a temporary outdoor event permit by the city. PROCESSION shall mean the act of moving along or proceeding in orderly succession or in a formal, organized or ceremonious manner. PUBLIC RIGHTS-OF-WAY shall mean the entire area dedicated on a plat or contained in an easement or other conveyance or grant to the city for purposes of public vehicular and pedestrian traffic and shall include, but not be limited to: streets and roadways; boulevards; sidewalks; trails; alleys; and other public property between lateral property lines in which a roadway lies. (C) Permit required. (1) A temporary outdoor event permit is required in connection with any of the following: (a) Athletic event that is proposed to occur within city property or public rights- of-way and are timed or for which prizes are awarded to the top finishers, regardless of the number of participants, which include, but are not limited to: marathons; walk, run, skate, or ski events; and cycle rallies or races, that occur in whole or part within city streets. (b) Athletic event that is proposed to occur within city property or public rights- of-way and are not timed or for which prizes are not awarded to the top finishers, but anticipate 500 or more participants in a walk/run event or 50 or more cyclists in a cycle event that occur in whole or part within city streets. (c) Event for which street or intersection closures or restrictions are required as determined by the city or as may be requested by the event sponsor, unless otherwise excluded by definition of the event in this section. (d) Parade. (e) Events to occur within the city that are open to the general public in which one or a combination of the following activities are to occur: more than three (3) registered vendors, exhibition of arts, crafts or live performance, amplified music (live or recorded), amusement rides, or amusement games/activities which thereby may require the use of city services, including but not limited to: city personnel, city utilities, public safety personnel, use of city traffic controls and devices, sanitary facilities, solid waste disposal facilities, clean up and restoration of city property, that would not otherwise be necessary in the absence of such temporary outdoor event. 5 (2) A temporary outdoor event permit is not required for the following: (a) Funeral procession; (b) A governmental agency activity within the scope of its duties; (c) Any event held wholly within the boundaries of an Apple Valley park, inside a park building or involving the use of a specific park amenity exclusively (e.g. a ball field/complex, civic center, ice arena, park pavilion) for which a park facility permit is issued; or (d) Any untimed bike event that commences outside of, but travels through the City of Apple Valley, and has fewer than 50 participants within the city at any one time and does not require city services or resources, provided: (i) The organizer shall submit to the Zoning Administrator written certification that fewer than 50 participants will be within the city at any one time; and (ii) All participants shall obey all traffic laws. (D) Permit issuance. (1) The Zoning Administrator is authorized to issue temporary outdoor event permit in accordance with this section that does not otherwise require city council approval. The Zoning Administrator shall approve, conditionally approve, or deny an application for a temporary outdoor event permit in accordance with the provisions of this section. All applications shall be reviewed by the temporary outdoor event permit committee. The temporary outdoor event permit committee shall establish and amend, as necessary, rules and regulations governing the implementation of this section and all events under a temporary outdoor event permit, subject to the adoption by the city council. (2) A temporary outdoor event permit may be issued only upon city council approval when the outdoor event involves the one or more of the following: (a) 300 or more persons are reasonably expected or anticipated to attend the event; (b) Other than a farmers market or flea market, the event plans to have more than 3 vendors, or 3 activities, or a combination of both; (c) The event plans to provide live or recorded amplified music or sound; (d) The event plans to terminate activities later than 10:00 p.m.; (e) The event proposes to close a public street classified as a minor collector or higher classification; or 6 (f) The event intends to have a fireworks display/exhibition. (3) A temporary outdoor event permit shall be denied if the temporary outdoor event committee determines that one or more of the following exists based upon the application and other pertinent information received: (a) The application, along with the application fee, was filed with the city clerk after the filing deadline date as set forth in this section and there is insufficient time to process and review the application or provide the necessary city services required for the proposed event. (b) Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail. (c) The applicant/sponsoring organization of the event has, within the preceding 24 months, violated a previously issued temporary outdoor event permit or its conditions, including the rules and regulations applicable to temporary outdoor event permits, violated any term or condition of any previous park facility permit or reservation to use the city's property, or violated any city or state law in connection with the use of city property or public rights-of-way. (d) The applicant failed to complete or sign the application form by the required deadline after having been notified of the additional information or documents required, including the provision of traffic and emergency plans. (e) The traffic plan or emergency plan submitted by the applicant does not meet the approval of the chief of police or director of public works. (f) The sole purpose of the event is to advertise or sell or attempt to sell goods, wares, or merchandise of an individual business establishment or vendor and is designed to be held solely for private profit. This provision does not apply to the sale of products, goods, wares, or merchandise as part of a farmers' market, art or craft fair, or the like or as a vendor registered for an event permitted hereunder and does not apply if the advertising is secondary to or as a sponsoring organization of the event. (g) The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route or disrupt the use of a street at a time when it is usually subject to great traffic congestion. When the grounds for denial of an application for permit based upon subsections (a) through (g) above can be corrected by altering the date, time, duration, route, or location of the event, the Zoning Administrator may, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance based upon the revised date, time, duration, route, or location of the event in order to meet the subsections above. 7 (E) Permit application procedure and fees. (1) Filing of application. An application for a temporary outdoor use permit shall be on a form provided by the city and contain all information requested therein and shall contain such other information as the city may require. The application shall be filed along with a non- refundable permit application fee in the amount set by city council resolution. When the temporary outdoor event permit committee finds that supplemental information is reasonably necessary in order to act on the application, the applicant shall file with the Zoning Administrator all supplemental information requested within five business days of the request. An application for a temporary outdoor use permit shall be filed with the Zoning Administrator no less than 60 days prior to the proposed event date. In calculating the 60 days, the date on which the application is filed and the day of the event shall not be counted. If an application is filed after the filing deadline or the filed application is not signed or fully completed, the permit application shall be denied, unless (1) the Zoning Administrator, upon a showing of good cause by the applicant, has first determined that there is sufficient time to review and process the application and provide the necessary city services required for the proposed event; and (2) the City Council, provided sufficient time exists for placement on a regular council meeting agenda, approves the issuance of the permit. (2) Application Information Required. In addition to the information requested on the city’s application form, the applicant shall submit as part of the application the following: (a) A detailed site plan, to scale, depicting the following: (i) The entire area of the property on which the event will occur (ii) Location of all vendors or other event booth or tents, identifying each type of vendor booth, cart or mobile food unit (iii) If the event is occurring in a parking lot, the number of parking spaces being occupied by the event. (iv) Proposed vehicular and pedestrian traffic flow within the event area and immediately adjacent to the event area and the public rights-of way. (v) Location of all restroom facilities for the event. (vi) Location and type of all refuse containers to be placed (vii) Identification of any access points into the property from streets that are proposed to be closed. (viii) If music or other amplified sound is proposed to occur for the event, the location of the stage and the amplified equipment (speakers). (b) A list of all vendors proposed to be participating in the event, including any food, beverage, goods and wares, and description of type of service (e.g. vendor table/booth, tent, vending cart, mobile food unit). Identification of each vendor shall include the vendor’s 8 business name, contact name, type of product or service to be vended and type of vending structure or stand. (c) If music or other amplified sound is proposed to occur for the event, identify the amplified sound proposed, the hours to occur and the location of all equipment. (3) Requirements upon approval, but before issuance of permit. Upon the approval of the application, but prior to the issuance of the permit, the applicant shall submit to the city the following: (a) If the event is to occur on city property or within city right-of-way, the permit applicant and authorized officer of the sponsoring organization, if any, shall sign an indemnification agreement with the city as prepared by the city under which the applicant/permittee/sponsoring organization agrees to (1) defend the city against and indemnify and hold the city harmless from any liability, action, cause, suit, or claim by any person resulting from any damage or injury occurring in connection with the permitted event; (2) reimburse the city for any costs incurred by it in repairing damage to city property or public rights-of-way occurring in connection with the temporary outdoor event; and (3) to reimburse the city for all expenses and costs incurred by the city for its services related to the event that are not otherwise covered or in excess of the city services/resource fee deposit paid by the applicant. (b) The applicant/sponsoring organization of the event shall obtain and maintain commercial general liability insurance on an occurrence basis to protect against loss from liability imposed by laws for damages on account of bodily injury or property damage arising from the event. Such insurance shall name the City of Apple Valley on the policy or by endorsement, as additional insureds. The insurance coverage shall be maintained for the duration of the event with a minimum $1,000,000.00 combined single limit and a minimum $2,000,000.00 aggregate limit. If food or non-alcoholic beverages are sold or provided at the event, whether by the permittee or a registered vendor, the insurance policy shall also include an endorsement for product liability in an amount not less than $1,000,000.00. If alcoholic beverages are sold or provided at the event, the insurance coverage shall include an endorsement for liquor liability in an amount as otherwise required in the city's regulations governing the sale and licensing of alcoholic beverages. A copy of the policy or a certificate of insurance, clearly identifying the City of Apple Valley as an additional insured, shall be filed with the Zoning Adminstrator not less than thirty (30) days before the date of the event. If a copy of the policy or the certificate of insurance is not filed with the city as required herein, the permit shall not be issued and the event shall not occur. (c) Upon approval of the application for a temporary outdoor event permit, the Zoning Administrator shall provide the applicant with a statement of the estimated cost of the expenses incurred by the city in connection with providing city personnel, services and resources necessary for the event. The applicant/permittee shall be required to pay, as deposit of the city services/resources fee, the amount equal to 125 percent of the estimated costs as determined in 9 the statement no later than thirty (30) days prior to the date of the event. If the applicant/permittee fails to remit the payment of the city services/resources fee deposit as required herein, the permit shall not be issued and the event shall not occur. The city services/resources fees shall be in the amounts as set by city council resolution. (d) Upon approval of the application, and not less than fourteen (14) days prior to the event, the applicant/permittee shall notify in writing all properties abutting any public rights-of-way in which the event will occur and said notice shall advise of the event, including the date, duration of time and any street restrictions imposed as a result of the event. The applicant permittee shall also post signs, as approved by the city, at all affected street intersections. (F) Conditions of permit. All temporary outdoor events permits shall be subject to the following conditions: (1) The permittee shall comply and conduct the event in compliance with all conditions imposed with the issuance of a temporary outdoor event permit. The permittee, or an authorized designee, shall establish in advance of the event and maintain at all times during the event means to have immediate contact with and access by city staff. (2) The permittee/sponsoring organization of the event shall be responsible for the conduct of all employees, agents, or volunteers working in the event and shall take all steps necessary to ensure the employees, agents, or volunteers working in the event comply with the permit conditions set forth in this section and all conditions set forth in the permit. (3) The event shall have an emergency medical first response team on site specifically assigned to the event if deemed necessary by the police chief or fire chief due to the nature of the event. (4) The permittee shall comply with all city, county, state and federal laws and regulations relevant to the event, including any animal protection laws and regulations. (5) No electronic sound system or audio equipment or any other device designed to produce or reproduce audio sound shall be used unless specifically approved under the permit and all use shall be in accordance with permit terms (6) No sale or furnishing of food or non-alcoholic beverages shall occur at the temporary outdoor event, unless the vendor is a registered vendor under the event permit, the vendor possesses all required licenses from the State of Minnesota and the vendor complies with the vending cart and mobile food unit regulations elsewhere in this Chapter. (7) No sale or furnishing of alcoholic beverages shall occur at the event unless a license is first obtained from the city. Provided the appropriate license has been issued for the sale or furnishing of alcoholic beverages at the event, the sale shall be subject to all city and state laws relative to the sale or furnishing of alcoholic beverages and shall be conducted in accordance with the licensed conditions. 10 (8) No sale of any goods, products or merchandise shall be sold at the event unless the vendor is a registered vendor under the event permit. (9) No signs or banners shall be posted unless specifically approved under the permit. (10) No public rights-of-way, including sidewalks, trails and paths, shall be written upon or otherwise marked with any permanent substance. A fee, the amount of which shall be duly adopted by council resolution, will be charged to the event organizer if this provision is violated. (11) All tents and temporary membrane structures in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. (G) Unlawful acts. (1) It is unlawful for any person to sell or offer for sale any food or merchandise at an event or along the route of any parade or athletic event unless the vendor is registered under the event permit. This provision shall not apply to the parade held in connection with the Apple Valley Freedom Days. (2) It is unlawful for any person to participate in an assemblage within the vehicular travel portion of any public right of way unless it is in connection with an event for which a temporary outdoor event permit or block party permit has been issued by the city and is not otherwise in violation of any traffic direction or control order of a police officer. Section 4. Chapter 155 of the Apple Valley City Code is amended by adding Section 155.362 to read as follows: §155.362 VENDING CART & MOBILE FOOD UNIT PROHIBITED; EXCEPTIONS. (A) No vending cart or mobile food unit shall be permitted to operate for the direct sale of food or beverage therefrom to the general public at any location within the city, except when operated under the following circumstances: (1) As part of a permitted outdoor commercial promotion as defined in and in accordance with the regulations thereof in this Chapter; (2) As part of and as a registered vendor for a community festival or permitted temporary outdoor event as defined in and in accordance with the regulations thereof in this Chapter; or (3) As part of a private event or gathering not open to the general public and no direct sales of food or beverage to the event guests are occurring, rather food or beverage is 11 served or provided to guests gratuitously by the event host, such as graduation party, family reunion, company picnic or party. (B) The operation of any vending cart and mobile food unit permitted under this Code shall be subject to the following requirements: (1) No vending cart or mobile food unit from which sales are being offered shall be parked within a public or private street unless part of a temporary outdoor event for which a permit has been issued and only if approved in writing by the Director of Public Works. (2) All electrical and gas fixtures and hook-ups shall be subject to the inspection of the Fire Chief or designee and shall comply with the Minnesota State Fire Code. No vending cart or mobile food unit shall operate at an approved event if found not in compliance with the Minnesota State Fire Code and directed to cease operation by the Fire Chief or designee. (3) The vending cart or mobile food unit shall have a valid license, if so required as a food or beverage service operation/establishment from the State of Minnesota-Department of Health and the license shall be conspicuously posted on the cart/unit during operation within the city. (4) The operator of the vending cart or mobile food unit shall properly dispose its gray water daily if the event is more than a one day event. No gray water or other waste from the vendor’s operation shall be disposed, drained or dumped into a storm drain or upon the ground. (5) In addition to any signage imprinted upon the vending cart or mobile food unit, each vending cart or mobile food unit operation may have detached signage, subject to the following requirements: (a)One (1) sandwich board style sign not exceeding eight (8) square feet; (b)The sign shall be placed on the ground and within ten (10) feet of the cart/unit; (c)The sign shall not be placed within the public right-of-way, including the sidewalk/trail and boulevard area, unless allowed by a permit issued by the City; and (d)The sign shall not project from the vending cart or mobile food unit or located on the roof of the mobile food unit. (6) No music or other sound or message(s) shall be emitted from or by the operator of a vending cart or mobile food unit by any electronic sound system or audio equipment. (7) Two (2) refuse containers, each not less than 32 gallons, shall be provided and kept in clean and usable condition within 10 feet of the cart/unit. 12 (8) The site immediately surrounding the cart/unit shall be kept in a clean, neat and orderly manner during the event and shall be cleaned and all refuse removed upon completion of the operation. (9) A mobile food unit with a fire suppression system under the cooking hood shall have the system tested and tagged in accordance with applicable codes. A mobile food unit must have at least one (1) 2A:20BC fire extinguisher in the mobile food unit. If deep frying occurs in the cart/unit operation, then the operator must have at least one (1) Class K fire extinguisher in the mobile food unit. Each fire extinguisher must display an inspection tag dated within the past 12 months. (10) Tents and temporary membrane structures used with or as the vending cart having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. (11) Liability insurance required??? (C) No mobile food unit shall be parked or stored when not in operation on any residential property, within or outside of a garage or other storage building. A mobile food unit may be parked or stored outdoors when not in operation on any property zoned as Business Park (BP), Industrial (I-1 & I-2), or a Planned Development for such uses pursuant to a conditional use permit issued by the City. Section 5. Chapter 155 of the Apple Valley City Code is amended by revising Section 155.375 to read as follows: § 155.375 USE OF OFF-STREET SPACES. Required off-street parking space in commercial, or industrial, or institutional districts, including those within a planned development district, shall not be utilized for open storage of goods, overnight parking of vehicles, storage of vehicles or for vehicles which are inoperable, or for lease, rent or sale, except where otherwise permitted. Notwithstanding the foregoing, the occupant of a property zoned for commercial, industrial or institutional uses may store up to three (3) passenger motor vehicles or one (1) non- passenger motor vehicle on the property, provided each vehicle is (1) owned or leased by the occupant; (2) regularly used in connection with and as an integral component of the operation of the principal use on the property; (3) is not larger than the footprint of a standard passenger vehicle parking stall, except the one permitted non-passenger motor vehicle shall not be larger than the aggregate footprint of the length of two (2) contiguous parking stalls; and (4) parked and stored in a designated parking spaces as approved by the city. In no case shall the number of permitted stored vehicles under this paragraph exceed three for any given parcel of record. This exemption does not permit the outdoor storage of equipment, trailers, recreational vehicles, recreational camping vehicles, motorcycles or other similar vehicles, semi-tractors, or vehicles for sale. 13 Section 6. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. _____” a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 7. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 8. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 9. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this ____ day of ________, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. _____ 14 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE REGULATING OUTDOOR PROMOTIONS & SPECIAL EVENTS AND VENDING CARTS & MOBILE FOOD UNITS The following is the official summary of Ordinance No. ____passed by the City Council of Apple Valley on _______, 2018: Chapter 155 of the City Code is amended to add definitions for vending carts and mobile food units. Chapter 155 is also amended to clarify regulations of outdoor special events and commercial promotions. Chapter 155 is amended to add new permit provisions and regulations of outdoor special events open to the public. Chapter 155 is amended to allow overnight parking of business vehicles in off- street parking areas. Chapter 155 of the City Code is amended to regulate operation of vending cart and mobile food units. A printed copy of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. CITY OF APPLE VALLEY ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 154 OF THE CITY CODE REGULATING TEMPORARY SPECIAL EVENT AND PROMOTIONAL SIGNS The City Council of Apple Valley ordains: Section 1. Chapter 154 of the Apple Valley City Code is amended by revising the following definition in Section 154.02 to read as follows: PROMOTIONAL CIVIC EVENT SIGN. A temporary sign which shall not exist for more than 30 days which promotes a special school, city or other civic events, celebration or festival promotions limited to city celebrations, Christmas tree sales, Fire Department’s Booya and special school events. Section 2. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.03(E) to read as follows: (E) Promotional Civic event sign. (1) Special civic promotions or events. In promotion of a special school, city or other civic event, celebration or festival, two ground signs not exceeding 32 square feet in area, for each sign, are permissable permissible no more than 30 45 days before the first day of an event, celebration or festival and shall be removed immediately upon the completion of the event, celebration or festival. Signs permitted under this division provision may be located in any zoning district subject to the permission of the property owner. (2) Christmas tree sale signs. Any signs in connection with Christmas tree sales shall be subject to the regulations thereof in Chapter 114. Section 3. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.04(I) to read as follows: (I) Other Temporary special event or promotion signs. The following additional signs are permitted under this section, subject to the restrictions thereof. Professionally manufactured banners, streamers, and balloon or other temporary signs are permitted, upon the issuance of a permit from the city therefor, in commercial, industrial and institutional zoning districts for the purposes of promoting commercial special promotions, sales or events or promoting temporary outdoor special events as defined in the zoning regulations. Such temporary signs shall also be permitted on properties located in the “M-4” to “M-8” zoning districts that are used for multiple residential apartments or rental unit buildings under single ownership in order to advertise such properties or units for rent or lease. Any banner, streamer and balloon The temporary sign permitted hereunder shall be located upon the site of the promotion, sale or event. and shall be removed no later than 15 days after the first day of the special promotion, sale or event will not be permitted in any one location more than 30 days per calendar year. A sign allowed by permit under this provision shall be removed within 24 hours of expiration of the permit. Any person/entity seeking a temporary sign permit hereunder shall be limited to no more than 45 days per calendar year for placement of a single sign or multiple signs throughout the year. Such temporary signs shall not include lit, portable, or handmade signs. Section 4. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.05(G) to read as follows. (G) Advertising or billboard signs; prohibited. No advertising or billboard sign which directs attention to a business, commodity, service or entertainment shall be placed or located within any street rights-of-way. No advertising or billboard sign shall be on property other than the premises on which the business, commodity, service or entertainment is located. Section 5. Chapter 154 of the Apple Valley City Code is amended by revising Appendix B to read as follows: APPENDIX B: TEMPORARY SIGN SIZES The following are size regulations for all temporary signs. Sign Description Pylon Sign Ground Sign Building Sign Maximum Area (sq. ft.) Construction — 1 — 32 in any district Real estate — 1 1 6 in residential district; 16 other districts Development — 1 — 80 in any district Noncommercial — 1 — 32 in any district Promotional Civic Event — 1 — 32 in any district All other temporary signs __ __ __ 32 in permitted districts Section 6. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ____” a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 7. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 8. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 9. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this ____ day of ________, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 154 OF THE CITY CODE REGULATING TEMPORARY SPECIAL EVENT AND PROMOTIONAL SIGNS The following is the official summary of Ordinance No. ____ passed by the City Council of Apple Valley on ____________, 2018: Chapter 154 of the City Code is amended to clarify regulations allowing temporary signs for school, city/civic events, celebrations and festivals. The amendment also revises permitted duration of temporary signs for outdoor commercial promotions and outdoor special events for consistency with the new/amended regulations of those outdoor events in Chapter 155 of the Code. A printed copy of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 118 OF THE CITY CODE REGULATING VENDING CARTS Section 1. Chapter 118 of the Apple Valley City Code is amended by revising Section 118.01 to read as follows: No person shall operate a mobile vending cart without first obtaining a license from the city as provided in this chapter. Each vending cart must be separately licensed and a person may operate only at the location specified in the license. No license shall be required for a vending cart or mobile food unit when operated under the following circumstances: (A) As part of a permitted promotional sale as defined in and in accordance with the zoning regulations in this Code; (B) As part of a community festival or permitted temporary outdoor special event as defined in and in accordance with the zoning regulations in this Code; (C) As part of a private event or gathering not open to the general public and no sales of food or beverage to the guests are occurring. No mobile food unit shall be permitted to operate for the sale of food or beverage therefrom to the general public at any location within the city, except as otherwise permitted in conjunction with an outdoor commercial promotion or outdoor special event in accordance with the zoning or other regulations in this Code. Section 2. Chapter 118 of the Apple Valley City Code is amended by revising the following definition in Section 118.02 to read as follows: * * * * VENDING CART. The phrase “vending cart” shall mean any structure used for the purpose of selling or giving away food and beverages outdoors. a portable or non-permanent structure, enclosure, or stand or a non-motorized vehicle self-propelled by the operator that is used, maintained, or operated from which food or beverage is prepared, served, or otherwise provided for human consumption and for sale to the general public. Section 3. Chapter 118 of the Apple Valley City Code is amended by adding the following definition in Sections 118.02 to read as follows: MOBILE FOOD UNIT. A vehicle mounted unit, either motorized or trailered, that is used, maintained, or operated from which food or beverage is prepared, served, or otherwise provided for human consumption and for sale to the general public. 2 Section 4. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this ______ day of _________, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 114 OF THE CITY CODE REGULATING PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS Section 1. Chapter 114 of the Apple Valley City Code is amended by revising the following definition in Section 114.01 to read as follows: * * * * TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, or other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than 14 consecutive days. Section 2. Chapter 114 of the Apple Valley City Code is amended by revising Sections 114.02 (B) to read as follows: (B) The following shall be exempt from the definitions of PEDDLERS, SOLICITORS, and TRANSIENT MERCHANTS: In addition, pPersons conducting the type of sales commonly known as garage sales, rummage sales or estate sales;, as well as those persons participating in an organized multi-person bazaar or flea market,; persons participating as a vendor in a promotional sale or temporary outdoor event as defined in and in accordance with the zoning regulations of this Code or as may be permitted under this Code; shall be exempt from the definitions of PEDDLERS, SOLICITORS, and TRANSIENT MERCHANTS, as shall be anyone person conducting an auction as a properly licensed auctioneer, or any officer of the court conducting a court-ordered sale. Exemption from the definitions for the scope of this chapter shall not excuse any person from complying with any other applicable statutory provision or local ordinance. Section 3. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this ______ day of _________, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 96 OF THE CITY CODE REGULATING OBSTRUCTIONS AND EXCAVATIONS WITHIN PUBLIC PROPERTY OR PUBLIC RIGHTS-OF-WAY Section 1. Chapter 96 of the Apple Valley City Code is amended by revising Section 96.06 (B) to read as follows: (B) Public nuisance declared. Any obstructions or excavations within a public right-of-way or public grounds, except under a permit issued by the city, constitute a public nuisance. It shall be unlawful for any person to place or make any obstruction or to excavate within any public right-of-way or public grounds unless the city grants, in its sole discretion, a written permit therefor. This section shall not apply to a lawfully registered motor vehicle pursuant to M.S. Chapter 168 that is lawfully parked in the roadway portion of the public right- of-way or upon a portion of a driveway within the public right-of-way, provided the motor vehicle is not blocking any portion of a sidewalk or trail. Mobile food units, as defined elsewhere in this Code, from which sales or attempted sales are being conducted therefrom shall not be deemed to be a “lawfully registered motor vehicle” for purposes of the exemption from this Section. This section shall not apply to excavations in the boulevard area of a public right- of-way in connection with installation of mailboxes or irrigation systems and planting of trees. Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this ______ day of _________, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 94 OF THE CITY CODE REGULATING PUBLIC NUISANCES Section 1. Chapter 94 of the Apple Valley City Code is amended by revising Section 94.17(H) to read as follows: (H) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk, unless otherwise in accordance with an event authorized by permit issued by the city or other regulation of this Code; Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this ______ day of _________, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 71 OF THE CITY CODE REGULATING OFF-STREET PARKING SPACE IN COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL DISTRICTS Section 1. Chapter 71 of the Apple Valley City Code is amended by revising Section 71.19(C) to read as follows: (C) Required off-street parking space in commercial, or industrial, or institutional districts, including those within a planned development district, shall not be utilized for open storage of goods, overnight parking of vehicles, storage of vehicles or for vehicles which are inoperable, or for lease, rent or sale, except where otherwise permitted. Notwithstanding the foregoing, the occupant of a property zoned for commercial, industrial or institutional uses may store up to three (3) passenger motor vehicles or one (1) non-passenger motor vehicle on the property, provided each vehicle is (1) owned or leased by the occupant; (2) regularly used in connection with and as an integral component of the operation of the principal use on the property; (3) is not larger than the footprint of a standard passenger vehicle parking stall, except the one permitted non-passenger motor vehicle shall not be larger than the aggregate footprint of the length of two (2) contiguous parking stalls; and (4) parked and stored in a designated parking spaces as approved by the city. In no case shall the number of permitted stored vehicles under this paragraph exceed three for any given parcel of record. This exemption does not permit the outdoor storage of equipment, trailers, recreational vehicles, recreational camping vehicles, motorcycles or other similar vehicles, semi-tractors, or vehicles for sale. Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this ______ day of _________, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 9/27/2018 1 Special Event Ordinance Past Council Work Session Recap •Current code does not have a process to manage large  outdoor events open to general public. •Staff relies on the permit process for Commercial Sale  Promotions. •An ordinance creates a permit process for large outdoor  events, and amends the Commercial Sale Promotions. 9/27/2018 2 Ordinance Outcomes •City Council will still review “community events”. •Commercial promotions will be reviewed administratively with  a low fee via electronic submission. •Large special events will include an up front fee and  reimbursements for City services (use of officers for example).  •Food trucks and food carts will be regulated.  •Threshold for large events which are reviewed by the City  Council. What Are Outdoor Commercial Promotions? •Outdoor Commercial  Sale/Promotions are currently regulated  by City Code § 155.358  •Permit issued administratively and meant for business‐related  outdoor sales and promotions, such as: sidewalk sales, tent  sales, outdoor product displays, or customer appreciation  events. •What Changes? •Increases number permitted per year from 3 to 4. •Allows up to 12 permits per property per year for non‐profits to  partner with a business for fundraising. 9/27/2018 3 What Are Special Events? •Outdoor cultural or entertainment events that are open to the  public. •Examples are any one or combination of the following: •Exhibition of arts, crafts, or live performance •Amplified music  •Amusement rides •Amusement game/activities  •More than three 3rd party food/product vendors Parks Permit vs. Proposed Ordinance, What’s the Difference •Parks permit used for events within a park.  •The proposed ordinance applies to events occurring on public  and private property not within a park (right‐of‐way, Municipal  Center, school, religious insitution or private property).  •Neither affects how alcohol is served or distributed, this is  managed by the City Clerk. •Park application is used as a model for Special Events.  •To be reviewed by the same staff team.  9/27/2018 4 How Will Special Events Be Reviewed? •A permit application is required.  •Application shall be filed at least 60 days prior to the event. •All applications are reviewed by City staff team including  police, fire, public works, planning and inspections.  •General liability insurance  (liquor liability if applicable) is  required.  •Conditions of the event’s operation based on the event. •Conditions may include: vendor registration, amplified music  restrictions, tent/canopy comply with building/fire code,  electric supply permits, etc.  Who Approves Permit Application? •Council approval for events which meet the following criteria: •Proposed events with anticipated attendance greater than 300  people.  •More than three vendors, three activities, or a combination of  both.  •Music or other amplified sound equipment. •If event runs after 10:00 p.m. (consistent with noise ordinance). •Closure of City streets is required. •Fireworks and/or pyrotechnics display or exhibition. 9/27/2018 5 Other Ordinance Amendments Also Proposed: •Updated temporary promotion Signs. •Street  ROW – provide permitting process for temporary  obstructions other than utility work. •Business related vehicles (Geek Squad, Rascals food catering, ,  Fan Man)  at business sites. •Updated transient merchant and vending carts. Feedback & Discussion I T E M: 4. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:I nformal A genda I tem Description: Discuss Ordinance A mending Chapter 155 of the City Code Related to I mpervious and B uilding Coverage on One- and Two-F amily L ots and within S horeland Overlay District (15 min.) S taff Contact: K athy Bodmer, A I C P, Planner Department / Division: Community Development Department Applicant: City of Apple Valley P roject Number: P C16-02-Z Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: N/A S UM M ARY: Staff would like to introduce an ordinance amending Sect. 155 concerning impervious surface and building coverage. Ordinance Summary: T he planned development zoning districts for one-family and two- family developments are amended to regulate impervious coverage rather than building coverage. Definitions related to impervious surface, paved surface and building coverage are updated. Provisions are made to allow residents to increase the maximum impervious surface coverage by 5% if an approved storm water structure like a rain garden is created. Residents who currently exceed the maximum allowable impervious surface coverage may maintain their existing coverage level, but may not increase it without a variance. And lastly, the S H-Shoreland O verlay impervious coverage is also amended to make it consistent with State Law. History: Since 2004, the Zoning Code has limited impervious surface coverage on one- and two-family parcels zoned "R" (R-1, R-2, R-3, R-C L, R-5) and "A" (Agriculture) to 35% of the lot area. Impervious coverage is any constructed surface that prevents water from naturally infiltrating directly into the soil. Impervious surfaces include building roofs, walkways, patios, driveways, sports courts, swimming pools, etc. Impervious surface coverage is usually reviewed when applying for a building permit, a driveway permit or a natural resources management permit (N RMP). Impervious surface area on property is an important issue because it impacts C ity storm water systems and water quality. Maintaining natural draining surfaces on properties benefits the C ity. Approximately 40% of the C ity's existing one- and two-family parcels are part of a planned development and zoned "P D." T he majority of the P Ds limit building coverage rather than impervious surface coverage. T he lots may have been developed initially in compliance with the PD requirements, but over time, many residents have made improvements and home additions that now exceed the allowable building coverage of the PD. T he current building coverage requirement prevents them from making further improvements to their homes. B AC K G RO UND: Why is this Amendment Proposed?: T he ordinance amendment is requested to help homeowners in PD zoning districts to be able to make improvements to their properties and to ensure better storm water management. For residents in R zoning districts, the ordinance helps to clarify definitions and provides tools for those wishing to make improvements to their property who may be near the maximum impervious coverage allowed. J essica Schaum, the C ity's Natural Resources Coordinator, states that impervious surfaces block water from infiltrating into the ground, increasing the volume and rate of stormwater runoff. T he increased stormwater volume worsens flooding, degrades water quality, and impedes groundwater replenishment. Apple Valley currently has four lakes listed as “Impaired waters” due to excess nutrients. J essica states that the C ity is required to reduce pollution to these lakes, (and our entire stormwater system) according to state and federal water regulations to improve water quality. One- and Two-family Parcels in Planned Development Zoning Districts: Approximately 4,000 (38%) of the C ity's 10,540 single family parcels are zoned "P D" (Planned Development). Each PD has its own coverage and setback requirements, but most regulate building coverage and contain no provision for impervious surface coverage. In 2016 a property owner in the Scottsbriar neighborhood (P D-342) wanted to construct an addition onto his single family home. Over time, building additions and improvements were made to the home that caused the property to exceed the maximum 20% building coverage allowed in the PD . He proposed to replace a patio with a building addition which would have had no impact on the existing impervious surface coverage. Further review of PD-342 revealed that several properties in the PD were in a similar situation: they had building coverage in excess of the 20% maximum. When a maximum impervious surface area coverage of 35% was applied to the lots, many of the lots were found to be in conformance with the requirement. When other one- and two-family PD s were reviewed, similar issues were found. Properties zoned PD are not eligible to apply for a variance, but must request a code amendment instead. T he lots in P D zoning districts tend to be smaller than a typical R-3 lot, which further restricts building coverage. Two limitations are caused by regulating building coverage: the extent to which a homeowner may make building improvement to his or her home is restricted and at the same time, the regulation does nothing to address impervious surface coverage. One and Two-family Parcels Zoned "R": Residential properties zoned "R" have been restricted to a maximum of 35% impervious surface area on the lot since 2004. Homeowners usually don't think about impervious surface coverage until they apply for a building permit, a driveway permit or a natural resources management permit. T he 35% maximum impervious surface coverage is no issue for most homeowners, but some residents must carefully review their maximum impervious surface coverage and decide how to proceed with their project. Staff has been able to work with homeowners on a case-by-case basis to resolve most of the cases, but an amendment to allow 5% additional coverage with an off-setting stormwater management strategy would help those close to the maximum coverage requirement. T he ordinance would also help to deal with the cases when residents exceed the 35% maximum impervious surface coverage. Proposed Ordinance Provisions: 1. PD zoning districts are amended so that one- and two-family lots are regulated by impervious coverage rather than building coverage. Placing the impervious coverage requirements outside of the P Ds will give a property owner the opportunity to apply for a variance if it becomes necessary. 2. Because many of the parcels zoned PD are smaller than typical R-3 (Single family residential, minimum lot 11,000 sq. ft.) parcels, the impervious surface coverage requirement is graduated so that smaller lots are able to have more surface coverage. 3. Property owners may exceed the impervious coverage by up to 5%, but only if storm water management steps are taken, which must be approved by the City. 4. Homeowners who exceed the impervious surface coverage requirement may maintain their existing impervious coverage percentage, but may not expand their impervious surface coverage without a variance. Improvements may be made, but the homeowner will be required to remove or replace some of the existing impervious coverage. Pervious materials may be substituted for impervious to reduce impervious coverage. 5. A definition of "Impervious Surface" is added. 6. Residential and commercial/industrial properties may construct parking areas of pervious material if approved by the City. 7. T he lot area, height, frontage and yard requirements chart (Appendix A) for the agricultural and residential zoning districts is revised to direct readers to the new impervious coverage section of the code. Planned Development zoning districts containing single family and two-family properties are similarly directed to the new section. 8. T he (SH) Shoreland Overlay zoning district is amended to reduce allowable impervious surface area on a lot from 30% to 25% to comply with State Statutes. Planning C ommission Review: At its meeting of September 5, 2018, the Planning Commission conducted a public hearing to receive comments on the draft ordinance. No comments were received from the public, but the Planning C ommission asked questions and pointed out some issues that required the draft ordinance to be amended. 1. T he lot areas listed in the impervious coverage chart has overlaps. T he numbers need to be edited. Staff response: T he ordinance was edited to address. 2. A rain garden that slows infiltration into the ground would be considered an impervious surface according to the current definition. Staff response: T he definition of Impervious Surface was amended to ensure that stormwater management systems, like rain gardens, are classified as "pervious". 3. How many other planned development (PD) districts regulate impervious surface c ove rage? Staff response: Two PDs, PD -703 (C obblestone) and PD-975 (Quarry Ponds and Regents Point), regulate impervious coverage rather than building coverage. PD-703 regulated both maximum building coverage and maximum impervious surface area requirements. T he maximum coverage permitted in Zone 1 is 50% and Zone 2 is 55% which takes into account the larger homes on smaller lots. PD-975 has a maximum impervious surface area of 35% which is consistent with the existing R-3 (Single family, 11,000 sq. ft.) requirements. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Ordinance 1 PROPOSED ORDINANCE AMENDMENT IMPERVIOUS SURFACE AREA ON RESIDENTIAL LOTS AND SHORELAND OVERLAY DISTRICT Underlined Text is being added. Strikeout Text is being deleted. CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155 OF THE CITY CODE RELATED TO IMPERVIOUS AND BUILDING COVERAGE ON ONE-FAMILY LOTS AND SHORELAND OVERLAY DISTRICT The City Council of Apple Valley Ordains: Section 1. Section 155.003 of the Apple Valley City Code is hereby amended to add the following definition: § 155.003 DEFINITIONS IMPERVIOUS SURFACE. A constructed surface, generally made of brick, stone, concrete, asphalt, gravel or similar impermeable material, that either prevents water from naturally infiltrating directly or slows the natural infiltration of water into the soil or that water cannot easily penetrate for direct natural infiltration into the soil. Impervious surfaces include, but are not limited to: building roofs, walkways, patios, driveways, parking lots, concrete or asphalt paving, sport courts, tennis courts and swimming pools. Decks shall not be considered an impervious surface if (1) the surface under the deck is pervious; or (2) the surface water runoff from the deck surface is not controlled by a drainage system, such as gutters, diversion plates. Section 2. Section 155.003 of the Apple Valley City Code is hereby amended to read the following: § 155.003 DEFINITIONS BUILDING COVERAGE. The proportion of the square footage of a lot that is or may be covered by all existing and proposed building(s), including accessory buildings such as a shed, gazebo, or permanent pavilion at the time of the issuance of a building permit. The portion of the lot encumbered by any city or county easement not constituting public right-of-way as defined herein shall be included for purposes of determining total calculating the total square footage of the lot area. LOT COVERAGE. The total area of a lot which, when viewed from directly above, is or would be covered by a building, structure, or impervious surface The aggregate coverage area of building coverage and impervious surface area of a lot. PAVED SURFACE. Any area covered by the following impervious materials consisting of : concrete, bituminous, or brick pavers. 2 Section 3. Section 155.350 is amended to add Section 155.350 (C), (D), and (E) to read as follows: § 155.350 DRAINAGE REQUIREMENTS. * * * (C) The maximum impervious surface area on a lot or parcel with a one-family detached dwelling (house) or lots with two-family attached dwellings (twinhome) shall not exceed the following coverage: Lot Size1 Maximum Impervious Coverage Allowed 9,000 sq. ft. or greater 35% 8,999 sq. ft. - 7,500 sq. ft. 40% 7,499 sq. ft. - 6,000 sq. ft. 45% Less than 6,000 sq. ft. 50% 1. Actual lot area shall be rounded up to the nearest whole number for determination of its lot size hereunder. Lots located within a “PD” (Planned Development) zoning district on which an one-family detached dwelling (house) or lots with two-family attached dwellings (twin home) is a are permitted uses shall comply with the requirements above, unless impervious surface coverage is specifically addressed in the ordinance establishing the PD zoning district. Lots zoned for multi-family dwellings on which the dwelling units, attached or detached, comprises the lot of record and the open space or yard surrounding the unit is not exclusively owned by the dwelling unit owner and is instead owned as a CIC or other common property interests, are not subject to this Clause. (D) The maximum impervious surface area allowed hereunder may be increased up to an additional 5% upon a showing of extraordinary circumstances supporting good cause for additional impervious surface area in excess of the limitations herein and upon the installation of a city approved on-site stormwater management facility. (E) Any lot or parcel that has impervious surface area in excess of the maximum area allowed herein as of April 30, 2018, shall be deemed as legal nonconforming. The impervious surface area existing on a lot as of April 30, 21018, may be maintained, repaired or replaced, but may not be expanded. If the lot or parcel is redeveloped in its entirety, the impervious surface area restrictions set forth herein shall apply. 3 Section 4. Section 155.373(B)(3) is by revising Section 155.373 (B)(3) to read as follows:: § 155.373 PARKING IN RESIDENTIAL DISTRICTS. * * * (B) Parking in all residential districts shall be subject to the following requirements: * * * (3) All motorized vehicles, regardless of type, method of propulsion, or placement on a trailer, and all Class II vehicles and trailers shall be parked or stored on a paved surface. A surface constructed of pervious material may be used if approved by the City; * * * Section 5. Section 155.378 is amended by revising Section 155.378 (B)(1) & (2) to read as follows: § 155.378 OFF-STREET PARKING; DESIGN AND MAINTENANCE. * * * (B) Surfacing. (1) In single-family residential districts, any area intended to be used for parking spaces, driveways, storage of motor vehicles, or vehicle maneuvering areas shall be surfaced with concrete, asphalt or brick pavers. Pervious material may be permitted when approved by the City. (2) In multi-family residential, commercial, industrial, or institutional districts, any area intended to be used for parking spaces, driveways, loading areas, open sales or storage lots, vehicle maneuvering, and the like, shall be surfaced with concrete or bituminous materials. Pervious material may be permitted when determined to be a low risk of contamination and approved by the City. 4 Section 6. Chapter 155, Appendix A is amended by revising the Maximum Impervious Surface Coverage requirements to read as follows: APPENDIX A: REQUIREMENTS FOR AGRICULTURAL AND SINGLE-ONE AND TWO- FAMILY DISTRICTS Agriculture and residential districts shall have the following lot area, height, frontage and yard requirements. The dimensions are measured in feet, unless directly stated otherwise. Setback Requirements Symbol Use District Lot Area Lot Width (in feet) Front Yard Setback (in feet) Side Yard Setback Interior Lot (in feet) Side Yard Setback Corner Lot (in feet) Rear Yard Setback (in feet) Maximum Height (in feet) Maximum Impervious Surface Coverage (percent of lot area) A* Agricultural 5 acres 150 30 20 30 50 — 35% See § 155.350 R-1* One-family residential 40,000 sq. ft. 150 30 20 30 30 35 35% See § 155.350 R-2* One-family residential 18,000 sq. ft. 100 30 10 30 30 35 35% See § 155.350 R-3* One-family residential Interior lot 11,000 sq. ft 80 30 Dwelling Unit 10 Garage 5 — 30 35 35% See § 155.350 Corner lot 12,500 0 sq. ft. 90 30 — Street side 20 Interior side same as interior lot setbacks 30 35 35% See § 155.350 RCL** — — — — — — — — — R-5* Two-family residential 15,000 sq. ft. (7,500 per unit) 100 (50 per unit) 30 Dwelling Unit 10 Garage 7.5 30 30 35 35% See § 155.350 5 Section 7. Chapter 155, Appendix F, Article 3, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A3-5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 138 Standards Zone 1 Zone 2 Zon e 3 Zone 4 Zone 5 Zone 6 Zone 7 One- Family* Two- Family One- Family* Two- Family* * Multiple Residenti al One- Family * * * Section 8. Chapter 155, Appendix F, Article 4, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A4-5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 163 Requirements Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 * * * Maximum Building Lot Coverage Building Coverage of lot (%) 20 20 20 20 20 25 25 Impervious Surface Coverage See §155.350 See §155.350 See §155.350 Maximum Building Lot Coverage Building Coverage of Lot (percentage) 20 20 20 25 20 35 20 20 20 35 Impervious Surface Coverage See §155.350 See §155.350 See §155.350 See §155.350 See §155.350 See §155.350 See §155.350 6 Section 9. Chapter 155, Appendix F, Article 8, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A8-5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 251 Requirements Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 * * * Maximum Building Lot Coverage Building Coverage of lot (percentage) 20 20 20 20 20 20 Impervious Surface Coverage See §155.350 See §155.350 Section 10. Chapter 155, Appendix F, Article 11, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A11-5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 144 Requirements Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 One- Family Multiple Residential Multiple Residential** * * * Maximum Building Lot Coverage Lot Building coverage (percentage) 20 20 20 15 15 30 Impervious Surface Coverage See §155.350 See §155.350 7 Section 11. Chapter 155, Appendix F, Article 12, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A12-5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 315 Requirements Zone 1 Zone 2 * * * Maximum Building Lot Coverage Building Coverage of lot (percentage) 20 20 Impervious Surface Coverage See §155.350 See §155.350 Section 12. Chapter 155, Appendix F, Article 13, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A13-5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 341 Requirements Zone 1 Zone 2 Zone 3 Zone 4 Zone 4B Zone 5 Shopping Center Free- Standing * * * Maximum Building Impervious Surface Coverage Building Coverage of lot (percentage) 20 25 25 30 30 30 30 Impervious Surface Coverage See §155.350 8 Section 13. Chapter 155, Appendix F, Article 14, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A14-5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 342. Requirements Zone 1 Zone 2 Zone 3 * * * Maximum Building Lot Coverage Building Coverage of lot (percentage) 20 20 20 Impervious Surface Coverage See §155.350 Section 14. Chapter 155, Appendix F, Article 15 is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A15-5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 400. Requirements Zone 1 Zone 2 Zone 3 * * * Maximum Building Lot Coverage Building Coverage of lot (percentage) 20 25 20 Impervious Surface Coverage See §155.350 9 Section 15. Chapter 155, Appendix F, Article 17, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A17-5(A)(1) to read as follows: § A17-5 MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 444. Requirements Zone 1 Zone 2 * * * Maximum Building Lot Coverage Building Coverage of lot (percentage) 20 25 Impervious Surface Coverage See §155.350 Section 16. Chapter 155, Appendix F, Article 21, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A21-5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 580. Requirements Zone 1 Zone 2 * * * Maximum Building Lot Coverage Building Coverage of lot (percentage) 30 30 Impervious Surface Coverage See §155.350 10 Section 17. Chapter 155, Appendix F, Article 22, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A22-5(A)(1) to read as follows: MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 629. Requirements Zone 1 Zone 2 Zone 3 Zone 4 * * * Maximum Building Lot Coverage Building Coverage of lot (percentage) — — 32 25 Maximum building footprint (square foot) 2,700 2,700 — — Impervious Surface Coverage See §155.350 Section 18. Chapter 155, Appendix F, Article 23, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A23-5(A)(1) to read as follows: MINIMUM AREA STANDARDS AND REQUIREMENTS FOR DESIGNATION NO. 632. Requirements Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 * * * Maximum Building Lot Coverage Building Coverage of lot (percentage) 30 30 20 20 20 30 35 Impervious Surface Coverage See §155.350 See §155.350 11 Section 19. Chapter 155, Appendix F, Article 33, is amended by revising the Table relative to maximum building coverage, in part, as set forth in § A33-5(A)(1) to read as follows: MINIMUM AREA STANDARDS AND REQUIREMENTS FOR DESIGNATION NO. 856. Specification Zone 2 * * * Maximum building Impervious Surface coverage (percent) 30 See § 155.350 Section 20. Chapter 155, Chapter 155, Appendix H, is amended by revising the maximum total area covered by impervious surface, in part, as set forth, to read as follows: APPENDIX H: REQUIREMENTS FOR SHORELAND OVERLAY * * * Recreational development waters setback and area requirements shall be as follows. The measurements shall be in feet unless otherwise specified. Sewered Unsewered * * * Total lot area covered by impervious surface with bonus, subsection 30 25 30 25 Section 155.309 (percentage): Waterfront lots 40 — Other lots 50 — Section 21. Summary approved. The City Council hereby determines that the text of the summary marked “Official Summary of Ordinance No. ______”, a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and summary will clearly inform the public of the intent and effect of the ordinance. Section 22. Filing. The City Clerk shall file a copy of this ordinance in her office, which copy shall be available for inspection by any person during regular office hours. 12 Section 23. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Section 24. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. PASSED by the City Council this _____ day of ______, 2018. _________________________________ Mary Hamann-Roland, Mayor ATTEST: ________________________________ Pamela J. Gackstetter, City Clerk 13 CITY OF APPLE VALLEY ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155 OF THE CITY CODE RELATED TO IMPERVIOUS AND BUILDING COVERAGE ON ONE-FAMILY LOTS AND SHORELAND OVERLAY DISTRICT The following is the official summary of Ordinance No. ___ approved by the City Council of Apple Valley on _____________, 2018: Chapter 155 of the City Code is amended to address maximum impervious surface area and building coverage area regulations. The amendments add the definition of impervious surface and amend definitions for building coverage, lot coverage and paved surface. The amendment adds maximum impervious surface area requirements for one-family detached and two-family dwellings properties. The building coverage regulations are amended to be replaced with maximum impervious surface area requirements in zoning districts for one-family detached and two-family dwellings. Shoreland Overlay District regulations are amended to reduce the allowed maximum impervious coverage to conform with State law. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 West 147th Street, Apple Valley, Minnesota 55124. I T E M: 4.A. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A pprove Minutes of September 13, 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 September 13, 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 September 13, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 13, 2018, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Planner Bodmer, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Acting Fire Chief Russell, and Public Works Director Saam. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, adding item 4.AC - Authorize Issuance of 1 to 4 Day Temporary On-Sale Liquor License for Apple Valley Chamber of Commerce at Kelley Park on September 28, 2018, and Approve Street Closures, to the consent agenda, and approving the agenda for tonight’s meeting, as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Mr. Gene Rechtzigel asked the City Council to consider placing a variance request on a future agenda. Mr. Dougherty responded that the City does not have jurisdiction to grant a variance to the State Building Code. He added that the appeal process for a Building Code variance would be through the State of Minnesota. Mayor Hamann-Roland suggested Mr. Rechtzigel and the City Attorney have additional discussion. 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. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 2 MOTION: of Grendahl, seconded by Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Hooppaw, approving the minutes of the regular meeting of August 23, 2018, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-122 accepting, with thanks, the donation of $500.00 from Magellan Pipeline Company for use by Fire Department. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-123 accepting, with thanks, the donation of a purple martin bird house from Wes Gerber for use by Parks and Recreation Department. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley American Legion, Auxiliary Unit, 1776, for use on October 13, 2018, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a new 2018-2019 License to Sell Tobacco and Tobacco Products to Dana Market, LLC, 14265 Essex Avenue, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a new 2018 Fuel Dispensing Facility Permit to Dana Market, LLC, 14265 Essex Avenue, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving a change in officer for Blazin Wings, Inc., d/b/a Buffalo Wild Wings in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14658 Cedar Avenue, Ste. D, naming Jerry David Pipes as Vice President/Treasurer, Nils Holman Okeson as Vice President/Secretary, and Robert Quince Jones, Jr. as Vice President/Assistant Secretary, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-124 setting a public hearing, at 7:00 p.m., on October 11, 2018, on the application for a new On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by Pear One, Inc., d/b/a The Pear at Valleywood, 4851 McAndrews Road. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 3 MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-125 approving 2018 Special Assessment Roll No. 655, for hearing purposes, in the total amount of $167,021.21 for delinquent utility charges, and setting the public hearing, at 7:00 p.m., on October 11, 2018. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-126 approving 2018 Special Assessment Roll No. 656, for hearing purposes, in the total amount of $1,098.92 for delinquent tree removal charges, and setting the public hearing, at 7:00 p.m., on October 11, 2018. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-127 approving 2018 Special Assessment Roll No. 657, for hearing purposes, in the total amount of $1,124.00 for delinquent false alarm charges, and setting the public hearing, at 7:00 p.m., on October 11, 2018. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the reduction of financial guarantees for Quarry Ponds Fourth Addition from $100,000.00 to $15,000.00 and Quarry Ponds Fifth Addition from $719,816.18 to $299,924.00, as listed in the Community Development Department Assistant’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, proclaiming September 28, 2018, as “Oktoberfest”, a community festival in Apple Valley, and authorizing temporary signage. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-128 approving amendments to the Apple Valley Firefighters Relief Association Bylaws. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving a permit for Anderson Building Movers to move an overweight structure on City streets between September 15 and 22, 2018, depending on weather, as described in the Public Works Director’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-129 approving the preliminary plat of Splinter Addition (129 and 135 Surrey Trail South), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-130 approving a one-foot north side yard setback variance (from 10 feet to 9 feet), and a five-foot south side yard setback variance (from 10 feet to 5 feet) on Lot 2, Block 1, Splinter Addition (129 Surrey Trail), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 4 MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-131 completing vacation of all drainage and utility easements on Lot 1, Block 1, Rumoulington Addition; and Lot 15, Block 3, and the south half of Lot 16, Block 3, Lebanon Hills First Addition, and authorizing the City Clerk to record the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-132 approving the final plat of Splinter Addition, and waiving the requirement for a development agreement. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-133 directing the City Engineer to prepare plans and specifications and accepting the feasibility study for Project 2017-109, Johnny Cake Ridge Road Improvements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-134 directing the City Engineer to prepare plans and specifications for Project 2019-102, 2019 Utility Improvements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-135 directing the City Engineer to prepare plans and specifications for Project 2019-103, 2019 Micro Surfacing. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-136 directing the City Engineer to prepare plans and specifications for Project 2019-105, 2019 Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-137 awarding the agreement for Project 2018-154, Apple Valley Community Center and Hayes Park Arena Roofing, to McPhillips Bros. Roofing Company, the lowest responsible bidder, in the amount of $301,689.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-138 approving the Joint Powers Agreement with Dakota County Drug Task Force. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for Fire Station 1 Digital LED Monument Sign with Schad Tracy Signs, Inc., in the amount of $38,080.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for Liquor Store 3 Digital LED Pylon Sign with Schad Tracy Signs, Inc., in the amount of $58,148.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 5 MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for City of Apple Valley Residential Fall Clean-Up Day (furniture and remodeling debris collection) with Waste Management, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving Change Order No. 1 to the Agreement with Keys Well Drilling Company, with a deduction of $6,755.00; and accepting Project 2017-188, Well Pumps 8, 12 and Low Zone Pump 3 Maintenance, as complete and authorizing final payment in the amount of $2,315.25. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, setting a special informal meeting at 5:30 p.m., on September 27, 2018, at the Municipal Center, for the purpose of discussing the draft 2019 budget. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated September 13, 2018. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, to pay the claims and bills, check registers dated August 15, 2018, in the amount of $1,716,081.99; August 22, 2018, in the amount of $663,621.73, and August 29, 2018, in the amount of $657,898.30. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, authorizing issuance of a 1 to 4 Day Temporary On-Sale Liquor License to the Apple Valley Chamber of Commerce by Minnesota Alcohol and Gambling Enforcement Division, for use on September 28, 2018, at Kelley Park, as described in the City Clerk’s memo, and approving the requested street closures for the event. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Police Chief Rechtzigel commented on community involvement and how residents can help the Police Department. CERTIFICATE OF RECOGNITION TO TREVOR NICKISCH Police Captain Francis summarized the contributions of Mr. Trevor Nickisch in the apprehension of a robbery suspect and recovery of stolen property. He then presented Mr. Nickisch with a Certificate of Recognition. CERTIFICATE OF RECOGNITION TO BETTY BROWN Police Captain Bermel summarized the contributions of Ms. Betty Brown in with the apprehension of a robbery suspect and recovering stolen property. He then presented Ms. Brown with a Certificate of Recognition. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 6 The City Council thanked Mr. Nickisch and Ms. Brown for their actions. McCORMICK COMPUTER RESALE Ms. Bodmer reviewed the request by R.J. Ryan Construction and McCormick Computer Resale for two variances to allow delivery dock doors on the north building elevation facing Energy Way, a building setback variance from the right-of-way for the side of the building, and a site plan review/building permit to construct a 23,700 sq. ft. office and warehouse addition at 14925 Energy Way. On September 5, 2018, the Planning Commission voted unanimously to approve the project. Discussion followed. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-139 approving a variance from Section 155.234(B) to allow construction of new loading docks on the north side of the proposed expansion facing Energy Way and a variance from Section 155.354(2) for a 22-foot building setback variance (100 ft. to 78 ft.) from the public right-of-way for the side of the building with the loading docks on Lot 1, Block 1, Enderes Addition (14925 Energy Way), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2018-140 approving a 20-foot building setback variance (50 ft. to 30 ft.) from CSAH 42 to allow construction of a 23,700 sq. ft. addition on Lot 1, Block 1, Enderes Addition (14925 Energy Way), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2018-141 approving the site plan and authorizing issuance of a building permit for construction of a 23,700 sq. ft. addition on Lot 1, Block 1, Enderes Addition (14925 Energy Way), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Discussion followed. Mr. Jeff McCormick thanked the City Council and said they are very excited about the expansion. PROPOSED 2019 CITY BUDGET AND PROPERTY TAX LEVY Mr. Hedberg presented the proposed 2019 budget and tax levy. He reviewed the budget timeline. Staff recommends the Council set the public budget meeting, formerly called the Truth-in-Taxation hearing, for December 13, 2018, which is a regularly scheduled Council meeting. He reviewed the budget considerations and significant impacts for 2019. The 2019 proposed budget requires a total levy of $26,350,000, an increase of $557,000 or 2.16% from CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 7 2018. He pointed out that once the preliminary budget is adopted, the total levy amount may decrease, but not increase. Discussion followed. Mayor Hamann-Roland reminded everyone that Apple Valley property owners do not receive special assessments for street maintenance projects. Discussion continued. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-142 approving the proposed 2019 budgets, with total revenue of $75,392,852 and expenditures of $88,108,520, and approving the proposed tax levy collectible in 2019 of $26,350,000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded Bergman, setting a public budget meeting on the proposed 2019 budgets and tax levy at 7:00 p.m. on December 13, 2018. Ayes - 5 - Nays - 0. TRUTH-IN-TAXATION INSERT Mr. Hedberg introduced this item. MOTION: of Hooppaw, seconded by Goodwin, approving the Truth-in-Taxation notice as attached to the Finance Director’s memo. Ayes - 5 - Nays - 0. COMMUNICATIONS Mr. Lawell commented on the well-attended Le Tour de Apple Valley community bike ride held last Saturday and thanked those involved; congratulated Building Maintenance Supervisor Dean Jacobson on his retirement and thanked him for his service; and invited the public to Oktoberfest on September 28, 2018, from 4:00 p.m. to 9:00 p.m. in Kelley Park. Mr. Grawe announced Fall Clean-up Day will be September 29, 2018, from 8:00 a.m. to 1:00 p.m. at the Aquatic Center parking lot. Mayor Hamann-Roland invited everyone to MacPhail’s Grand Opening on September 16, 2018, from 2:00 p.m. to 4:00 p.m. 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 Hooppaw, to adjourn. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 8 The meeting was adjourned at 7:48 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on . Mary Hamann-Roland, Mayor I T E M: 4.B. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A ccepting Donation from Anthony I verson of Community A lliance and 4Kids Fundraising for Use by Parks and Recreation Department S taff Contact: B arry B ernstein, Parks and Recreation Director Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Adopt resolution accepting a donation of $8.00 from Anthony Iverson of Community Alliance and 4Kids Fundraising for use by the Parks and Recreation Department. S UM M ARY: Anthony Iverson of C ommunity Alliance and 4Kids Fundraising has offered to donate $8.00 from their fundraising efforts. Attached please find a proposed resolution accepting the donation and thanking him for his generosity. B AC K G RO UND: T he donation funds were raised through "Team Brew C ard" sales, which are designed to raise money for Minnesota Parks and Recreation Departments and local non-profits. 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 ACCEPTING DONATION 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, Anthony Iverson of Community Alliance and 4Kids Fundraising has offered to donate $8.00 to the Parks and Recreation Department; 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 this donation is hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks Anthony Iverson of Community Alliance and 4Kids Fundraising for his gracious donation. ADOPTED this 27th day of September, 2018. ___________________________________ Mary Hamann-Roland, Mayor ATTEST: ______________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.C. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A pprove 2018 Christmas Tree Sales L ot L icense for W illiam E . B rabec d/b/a S ilver Bell Christmas Tree Farm on L ot 2, B lock 1, E ast Valley Plaza 3rd Addition 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 2018 C hristmas Tree Sales Lot License to William E. Brabec d/b/a Silver Bell Christmas Tree Farm on Lot 2, Block 1, East Valley Plaza 3rd Addition. S UM M ARY: An application for a C hristmas Tree Sales Lot License from William E. Brabec d/b/a Silver Bell C hristmas Tree Farm has been submitted. T he requested property where the business will be conducted is Lot 2, Block 1, East Valley Plaza 3rd Addition, generally located between Upper 141st Street and 140th Street, adjacent to New Horizon Child C are. B AC K G RO UND: T he application meets the conditions of the ordinance and can be approved. Under the licensing ordinance, tree sales lots are inspected twice; once for compliance after they have been set up, and again for clean up around J anuary 5th. 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:September 27, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution Setting P ublic Hearing at 7:00 p.m. on October 25, 2018, for New On-S ale W ine and 3.2 P ercent Malt L iquor L icense for T & D Choice, L L C, d/b/a P hovalley Cuisine, 7538 149th Street W. 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 setting a public hearing at 7:00 p.m. on October 25, 2018, for a new On- Sale Wine and 3.2 Percent Malt Liquor License for T & D Choice, LLC , d/b/a Phovalley Cuisine, 7538 149th Street W. S UM M ARY: T & D C hoice, LLC , d/b/a Phovalley C uisine, has submitted an application for a new On- Sale Wine and 3.2 Percent Malt Liquor License for premises located at 7538 149th Street W. Attached is a resolution authorizing and directing staff to publish a public hearing notice regarding the liquor license application. B AC K G RO UND: T he legal description of the premises is Lot 3, Block 1, Levine Subdivision No. 2. T he applicant has been operating a restaurant at this location for approximately two and one-half years. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2018-10 A RESOLUTION SETTING PUBLIC HEARING ON LICENSE APPLICATION WHEREAS, the City Clerk has advised this Council that an application for On-Sale Wine and 3.2 Percent Malt Liquor Licenses has been received from T & D Choice, LLC, d/b/a Phovalley Cuisine, on premises located at 7538 149th Street W. WHEREAS, City Code Section 111.24 requires the City Council to set and hold a public hearing on such license applications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. A public hearing on said application shall be held before this Council at the time, date and place specified in the Notice of Public Hearing attached to this resolution as Exhibit A. 2. As required by the City Code, the City Clerk is hereby authorized and directed to publish the hearing notice attached, in a timely manner, in the official City newspaper. ADOPTED this 27th day of September, 2018. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk Exhibit A NOTICE OF PUBLIC HEARING ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSE APPLICATION CITY OF APPLE VALLEY NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota County, Minnesota, will meet at the Municipal Center, 7100 147th Street W., on Thursday, October 25, 2018, at 7:00 p.m., or as soon thereafter as possible. The purpose of the meeting will be to hold a public hearing on the application of T & D Choice, LLC, d/b/a Phovalley Cuisine, for ON-SALE WINE and 3.2 PERCENT MALT LIQUOR LICENSES pursuant to City Code Section 111.22. The business, which will be operated in conjunction with the proposed licenses, is a restaurant located at 7538 149th Street W. The owner and officer of the corporation is: Rickyluu Pham, President All interested parties will be given an opportunity to be heard at said time and place. DATED this 27th day of September, 2018. BY ORDER OF THE CITY COUNCIL ______________________________ Pamela J. Gackstetter Apple Valley City Clerk I T E M: 4.E. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: City Online Auction S taff Contact: J eff Reiten, Acting P ublic Works - F leet/B uilding Supervisor Department / Division: P ublic Works Department AC T I O N RE Q UE S T E D: City Online Auction 1. Declare certain C ity vehicles as surplus. 2. Authorize the disposal of unclaimed property and surplus C ity vehicles (as listed in Exhibit A) by selling said items at a public auction to be held O ctober 18 through November 1, 2018. 3. Approve the agreement with Assets 2 C ash, LLC , (A2C ) for an online auction conducted through K-Bid, and authorizing the Mayor and City C lerk to sign the same. S UM M ARY: Attached is a list (Exhibit A ) of C ity owned surplus vehicles and unclaimed property scheduled for disposition; and a proposed agreement with A2C Auctions, a K-BID Online Auction vendor. In order to receive the maximum dollar amount for this equipment, staff feels it would be best to use an online company. K-BID currently has over 250,000 registered bidders in its data base, including neighboring states and Canada. In addition to K-BID's advertising, the C ity will provide a link on its website to the auction website. Fees associated with an online auction are similar to a live auction consisting of a 10% commission charged on the gross amount of the sale plus advertising fees. B AC K G RO UND: T he C ity has contracted with K-BID on several previous auctions with very good results. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Exhibit Agreement City of Apple Valley Fall 2018 K-Bid Auction List Vehicles Dept. Year Make Model VIN License Forfeiture 2000 Chevrolet ½ Ton 4x4 Pickup 1GCEK14TXYE423337 051-DUP 1D7HA16N24J130845 Forfeiture 2003 Nissan Maxima JN1DA31A03T436375 986-WDT Forfeiture 2005 Hyundai Tucson KM8JN72D95U082899 DMZ-1060 1G8ZS57N67F241286 Nat. Res. 2008 Chevrolet ½ Ton 4x4 Pickup 1GCEK14088Z261173 929-171 2FABP7BV9BX161642 Utilities 2005 GMC 1 Ton 4x4 Service Truck 1GDJK34295E324582 918-719 Ford 2FABP7BV7BX161641 Streets 2008 Chevrolet ¾ Ton 4x4 Pickup 1GCHK24K38E215682 930-720 1FDAF56F92EC80823 Parks 2008 Ford ¾ Ton 4x4 Pickup 1FTNF21508ED93457 929-164 Parks 1989 Redihal Trailer 47SS142T8K1005306 196-286 EXHIBIT A I T E M: 4.F. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A ppointing J udges for November 6, 2018, General Election 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 individuals listed in the resolution to serve as judges, election officials, and/or absentee ballot board members for the General Election to be held on November 6, 2018. S UM M ARY: Attached for your consideration is a resolution appointing judges, election officials, and/or absentee ballot board members for the General Election to be held on N ovember 6, 2018. T he individuals listed in the resolution have indicated their willingness to serve at the upcoming election. B AC K G RO UND: In order to serve as a judge, the law requires regular judges to complete a minimum of two hours of training and head election judges to complete a minimum of three hours training. Many of the judges recommended to be appointed have completed their training in J uly and worked the Primary Election in August. Training for newly appointed judges will be completed in October. 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- CITY OF APPLE VALLEY JUDGES APPOINTED FOR THE 2018 GENERAL ELECTION PRECINCT 1 Redwood Community Center - 311 County Road 42 *Sieglinde Gassman Larissa Fisher Rae Konkol PM Jay Hoekstra Kristen Moyer Richard Russell *Anthony Nelson Elizabeth Sullivan Theresa Shepherd AM Deborah Davis Judy Jackson Robert Randall PRECINCT 2 Apple Valley Senior Center - 14601 Hayes Road Kathleen Colbert Muriel Gilbertson Cathleen Gempeler PM *Lori Gluck Martha Hiltner AM Kevin Lay AM Pamela Lindseth *Steve Raines Michael Moore AM Patricia Steigerwald PM Theresa Wickstrom PM Lynne Beck Sahadat Chaudhury *Shannan Menya PRECINCT 3 Westview Elementary School - 225 Garden View Drive Matthew Bellin AM *Paul Bergevin William Franke *Mark Determan Adam Johnson PM Corinne Johnson Joseph Krohn Cheryl Rextraw Tracy Pederson PM *Deborah Wessman Cathy Reichert Ron Stack AM Debra Belbeck AM James Greenlee SS Jamie Krumrich PM PRECINCT 4 Apple Valley Community Center - 14603 Hayes Road Valerie Black PM Rebecca Fry Patricia Gerrits PM Terry Hanson AM Pamela Hale AM Alan Marble PM Barbara Jean Johnson AM *Monica Nolte-Reed Sandra Nelson Judith Sieve Pam Subject Linda Smith AM Jane Wiederholt PM Linda Senechal *Amy Steeves PRECINCT 5A Hope Church - 7477 145th Street W. Nancy Hau AM *Cindy Andrus Sally Hokkanen PM Marian Flanagan Patricia Koors Dannette Richards Kathleen McFarlane Michael Rose *Spencer Reppe Dianne Zak *Phyllis Rowley Milca Dominguez de Corral Thomas Hope PRECINCT 5B Mount Olivet Assembly of God Church - 14201 Cedar Avenue *Karen Brean Sarah Dolejs *Kaare Festvog Penny Ebel AM Christine Friedrich AM Jerry Ewing Bonnie McLellan PM Barbara Gist Debra Wagner Shelly Sampers PM Jesse Estum Fred Holzapfel AM Michael Owen Betty Rezac PM Gregory Schwartz William Spychalla PRECINCT 6 Augustana Care Health and Rehabilitation of Apple Valley - 14650 Garrett Avenue Sharon Bassett PM Susan Pitt Anderson Patricia Briscoe AM *Karen Bromund Leah Franke Mary Ocel Naomi Owen *Linda Paseka Sheila Schuman Jim Rextraw Shirley See Caroline Taylor PRECINCT 7 Judith Bolin AM Margaret Anderson PM Dean Davis PM Ronald Caucutt Majel Fletty Charles Funderburk Marcia Nelson AM *Brian Mahon Gail Sater James Minard Chuck Tindell PM Deborah Neff AM *Steven Wilson Clifford Habeck Sharon Hanson PM Bryan Peffer AM Gwen Torgerson PRECINCT 8 Greenleaf Elementary School - 13333 Galaxie Avenue Tim Burke AM *Anita Burke Cisa Keller PM Delores Denny Judy Madigan Sharyn Larson *Cynthia McDonald *Ian McGregor Valerie Root PM Cedric Waterman AM Lanae Gabert SS Deborah Gonzalez Benjamin Lemery Judy Storlie Shepherd of the Valley Lutheran Church - 12650 Johnny Cake Ridge Road PRECINCT 9 Community of Christ Church - 5990 - 134th Street Court Mary Allen Vickie Bjerke Janette Brost *Ronald Burke Robin Gernandt Mary Jane Hanson AM Mark Goldberg Dale Kariya Karen Seglem Jamison Kortas Susan McComber PM *Brian Buechele Michael Spear AM PRECINCT 10 South Suburban Evangelical Free Church - 12600 Johnny Cake Ridge Road *Patricia Horne Carmen Kyllo Mary Jo Kelly *Mary Anne Lantz Megan Koenen AM Stephen Larson PM Mary Markes PM Linda Lichty Laura Ochs PM Walton Mahlum AM *Charles Quinn Marilyn Schwartz Stephanie Smith AM Richard Hanson Dianne Jandt PRECINCT 11 ISD 196 District Service Center - 14445 Diamond Path Lynn Filipas Russell Conway *Craig Huber Larry Debelak AM David Polansky PM Susan Mitlyng Desiree Wren Stanley Pehling *Rae Lynn Zuehlke Ronald Samuels PM Linda Sweitzer AM Jane O'Neill AM Martin Peter Norbert Rezac PM PRECINCT 12 Elliott Albright PM Michael Bowen Paula Finkelstein Pauline Dark Kathleen Hope AM Peggy Markee *Monica Long Fayetta Osell AM *Christine Parsons Charles Shults PM Carole Smith Cheryl Sidler Adam Hoffman Michael McCawley Craig Osborne PRECINCT 13 Kathleen Boyer PM David Gugino Keith Endreson PM Dawn Iglesia Susan Hall AM *Darlene Lemke *Merton Horne Susan Redalen Lillian McCawley PM *Rhonda Tufte Sandra Scherb AM Norbert Sletten Melford Henschel Yadhagiri Vurinka AM Dennis Hoehne Robert Kokos SS PRECINCT 14 Apple Valley Municipal Center - 7100 147th Street W. Lawrence Czarnecki PM Linda Blake *Cami Dirnberger Donald Hansen *Michael Leick Michelle Harker Gladys McKnight Francis Kremer *Michele Mueller Sharon Nygaard Shelley O'Neill AM Marybeth Jackson Sharon Reisinger Peter Vogel Diamond Path Elementary School of International Studies - 14455 Diamond Path Spirit of Life Presbyterian Church - 14401 Pilot Knob Road PRECINCT 15 River Valley Church - 14898 Energy Way Shelley Beaumont Deborah Cordes AM Kelly Branscomb *Gregory Hall Ashley Hotchkiss PM Pam Hopf PM Deborah Legvold PM Katie Jamison John Roberson AM Stephen Maytan AM Jacqueline Staiger *Tracy Scott Mary Jawish AM *Patricia Kriegl Daniel Vreyens PM * Denotes Co-Head Judge ABSENTEE BALLOT BOARD AND ELECTION OFFICIALS Val Abbott Charles Grawe Missy Nelson Brandi Aitken Cheryl Groves Sandy Nelson Sarah Bertram Melissa Haas Mary Ann Olson Jake Bosely Joyetta Hattouni Dorene Perkins Teri Bowar Eva Lageson Ben Pierson Jean Bryant Mary Anne Lantz Lisa Reiten Anita Burke Monica Long Cheryl Rextraw Julie Carlson Stephanie Marschall Karen Shaw Laura Coleman-Heyne Jenae Marthey Penny Stewart Debbie Cordes Terry McNulty Mary Thelen Penelope Cury Deb Melton Casy Weise Nathan Ehlers Mary Mueller Debbie Wessman Judy Finger Michele Mueller Sieglinde Gassman Joan Murphy ABSENTEE BALLOT BOARD AND ALTERNATES Rachel Baumann Karen Amundson Cathy Bullard Kenneth Dohmen Rebecca Gamble Michele Iaria Jane Glaze Virgie Jacobson Ronald Hagemann Sally Kopacek Douglas Hoffmann Abigail Roberts Diedre Jones Kelly Kausel David McKenzie Jan Miller Patsy Meserow Sandra Mooney James Nichols Kari Neuleib Sandra Lee Porter Marvin Obarski Al Williamson Warren Porter Margaret Williamson Kay Provo Marla Rotman Cassandra Slinger Barbara Stellrecht David Stellrecht Victoria Swanson Patricia Warns BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the foregoing individuals are hereby appointed as judges for the General Election to be held on November 6, 2018, in the City of Apple Valley with the understanding that amendments may be necessary to the appointments in order to fill vacancies. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to make the necessary substitutions. Judges will be paid at the rate of $10.00 per hour and Co-Head Judges at $13.00 per hour for time trained and worked. ADOPTED this 27th day of September, 2018. _______________________________________ Mary Hamann-Roland, Mayor ATTEST: ________________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.G. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A pprove P referred Catering L ist for S enior Center S taff Contact: B arry B ernstein, Parks and Recreation Director Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve a preferred catering list for the Senior C enter and direct staff to proceed with three- year agreements with up to four caterers. S UM M ARY: Staff is recommending implementing a preferred catering list at the Senior C enter. B AC K G RO UND: T he Apple Valley Senior Center building opened in 2009. Facility renters have been able to use any caterer or prepare and bring their own food for events. T his practice presents health concerns when serving a large group of people. Professional licensed caterers have specific guidelines regarding food handling safety, whereas the at-home cook does not. Staff is recommending a preferred caterer’s list because single use caterers do not have a vested interest in the facility. T hey do not always clean up as well as they should or are sometimes slow to provide a copy of their MN Health Department licensing. Caterers on a preferred list will be able to establish a working relationship with staff. T hey will have an interest in the success of the event as well as future usage of the facility. C aterers see a repeat business advantage to being on the preferred list and are willing to pay a commission percentage of their gross profits for that opportunity. T his is a common practice at most banquet facilities in the metro area including Eagan and Plymouth. In May, 2018, the Parks and Recreation Advisory Committee reviewed the concept of a preferred caterer’s list for groups of 30 or more and gave their support. Staff sent a request for proposal to more than fifty vendors. Seven proposals for food and liquor service were received. T hose proposals have been evaluated and five caterers were interviewed. T he sixth, Roasted Pear, already has an established business arrangement with Valleywood Golf Course and did an on-site visit. Product tastings were coordinated and, though all did well with their demonstration, staff is recommending a three-year agreement with four caterers. T he intent is to maintain diverse options for our customers (renters) and still be manageable from a business perspective. T he four caterers being recommended are India Spice House, Kowalski's, Rascal's, and Roasted Pear. B UD G E T I M PAC T: Revenue will be generated on a percentage of catering and liquor sales - amount will depend on the number of events booked. T he minimum percentage required in the RFP was 15% for food and 25% on alcoholic beverages. I T E M: 4.H. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A pprove Change in Operating Hours of Redwood Community Center Teen Drop-I n Site S taff Contact: B arry B ernstein, Parks and Recreation Director Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve changes to the operating hours of the Redwood C ommunity Center drop-in site. S UM M ARY: After presenting attendance numbers to the Parks and Recreation Advisory C ommittee, their recommendation was to continue Teen Drop In operations at Redwood Community Center six days per week from J une through September, offering special events only during fall and winter months. B AC K G RO UND: Staff has been reviewing teen drop in attendance numbers for many months. Operation changes were suggested and implemented after the figures were evaluated and showed dwindling numbers at the original Teen C enter location. T hose changes started in J une of 2017 with Teen Drop In operations expanding to include a site at the Redwood Community Center. It was open six days per week with the original Teen C enter near Eastview High School being open one day per week. T hat schedule continued through December of 2017. In J anuary of 2018, the Teen Center site was discontinued and the Redwood site remained open six days per week. When the Redwood site opened, interest was high and the attendance numbers were encouraging. However, as winter began, numbers dropped off significantly. In talking to the teens, the main reason they didn't drop in was because they didn't want to walk from school in the cold and then have to walk home when they were done at Redwood. T hey preferred to take the bus home so they didn't have to do any walking in the winter weather. Attendance numbers began to pick up in April/May which led us to believe that the information they gave us was correct and winter weather was a factor. Attendance numbers grew, however in the "busier" months, the average is still about ten people per day. T he winter months averaged one to two teens per day. B UD G E T I M PAC T: Staffing cost savings of approximately $25,000. AT TAC HM E NT S : Background Material TEEN DROP INS TC 2015 TC 2016 TC 2017 Redwood-2017 Redwood 2018 January 183 137 36 7 February 182 140 41 14 March 177 116 38 51 April 160 93 24 109 May 151 152 30 166 June 189 105 12 363 298 July 163 76 11 298 256 August 212 104 26 267 268 September 186 108 28 270 October 300 104 40 201 November 209 58 35 43 December 173 19 8 42 0 50 100 150 200 250 300 350 400 JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberTC 2015 TC 2016 TC 2017 Redwood-2017 Redwood 2018 TEEN DROP INS I T E M: 4.I . C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution of Support for Dakota County's P rincipal Arterial S tudy (Cedar Avenue/C S A H 23) 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 resolution in support of Dakota County's Principal Arterial Study. S UM M ARY: Dakota County is requesting a resolution of support from the C ity C ouncil for their recently completed Principal Arterial (PA) Study. T he intent of the study was to identify roadway corridors that will be required to provide a PA function for the public either now or in the future. T his will allow Dakota C ounty, MnD O T, and cities to plan for and manage the corridors and supporting road network over time, while making appropriate investments to support the PA function at the time they are needed. For Apple Valley specifically, the C edar Avenue (C SA H 23) corridor from C SA H 42 south into Lakeville, was reviewed and is being recommended for designation as a PA highway (C edar Avenue (C S A H 23) north of C SA H 42 is already classified as a PA). T he Study found that C edar Avenue exhibits regional importance now and in the future, has the necessary right-of-way, good access spacing/management, and high posted speeds. In the future, Dakota County will work with the C ity, as well as the Metropolitan C ouncil and MnD O T, to officially determine a functional classification change for C edar Avenue. As a designated PA highway, C edar Avenue would have a greater potential for National Highway System (N HS) preservation funding and for other federal and state funding programs. Also, with the recent revisions to the C ounty’s cost share policy, having Cedar Avenue designated as a PA will decrease the City’s contribution to any future improvement project along the corridor. T he Executive Summary of the Study is attached while the entire Study is on file and available to review in the Public Works Department. B AC K G RO UND: Roadways designated as PA’s typically include highways and freeways. T hese roadways usually emphasize mobility over access. PA highways help connect the local region with other areas in the State, carry the major portion of trips to/from activity centers, and serve the majority of through movements. For over the past year, Dakota C ounty has been working with representatives from select cities/townships within the County (including Apple Valley), MnD O T, Met Council, and Scott C ounty on the draft Study. Representatives of these agencies participated in periodic Study Management Team (S MT ) meetings. T he same agencies, as well as other invited stakeholders, were also involved in a series of four subarea outreach meetings, which were held from late November 2017 into J anuary 2018. B UD G E T I M PAC T: None. AT TAC HM E NT S : Executive Summary Resolution FINAL REPORT June 2018 Page ES-1 The Study focused on planning for selected highways, all of which are not freeways and are not intended to become freeways in the future. The Study provides priorities and recommendations for future principal arterial (PA) highways. Executive Summary The transportation system of Dakota County, Minnesota, is built around a framework of Principal Arterial (PA) highways, which are well established to the north – for example, the major river crossings (I-35W, I-35E, I-494, US 52, US 61, MN 77, and MN 55). However, possible gaps in the PA system are apparent to the south and east. Figure ES-1 illustrates this, showing which highways are existing principal arterials (red lines) with relative 2015 daily traffic volumes on all highways (line weights). Designated PA highways include freeways and other highways planned and managed to provide time- efficient and safe travel over long distances for many motorists. These “backbone” highways emphasize mobility over access. PA highways help connect the region with the other areas in the state, carry the major portion of trips to/from activity centers, and serve the majority of through movements. The Dakota County PA Study focused on planning for selected highways, all of which are not freeways and are not intended to become freeways in the future. The key outcomes are priorities for near-term designation of new PA segments and identification of other segments as recommended future PA highways. Need for the Study Dakota County Growth and Principal Arterial Spacing Dakota County’s highway system has been established to follow the area’s growth and development, which continues. US Census data and State Demographer forecasts indicate the County gained 42,648 residents from 2000 to 2010 (a 12 percent increase). The County’s population, at 398,552 persons in 2010, is expected to exceed 500,000 persons by 2035. Technical guidance for spacing of PA highways encourages a network spaced logically within the region: 2-6 miles apart in developed suburban growth areas 6-12 miles apart in rural areas With reference to Figure ES-1, Dakota County’s existing system includes no east-west PA highways south of County Highway (CH) 42, a distance of about 20 miles. Similarly, the gaps between north-south PAs include 15-20 miles from I-35 to US 52 and about 10 miles from US 52 to MN 316. The PA Study looked at the importance of selected highways based on their potential to fit applicable guidance; specifically: County Highway 63 (Argenta Trail) MN Highway 3 MN Highway 149 County Highway 28 (Yankee Doodle Rd.) County Highway 23 (Cedar Ave.) County Highway 70 MN Highway 50 County Highway 86 Intentionally Blank (This PDF is set up for 2-sided printing with blank pages inserted where appropriate.) !"b$!"b$ %&f( %&d(?éA@ )s ?ÕA@ ?ÕA@ ?§A@ ?§A@ ?úA@ ?±A@ ?tA@ !"`$ %&c( )s )s ?uA@ ?§A@ GyWX GwWX GjWX GhWX G¹WX G£WX GâWX ?cA@ ?èA@ G¢WX ?ØA@ ?ØA@ )p %&f( %&c( %&d( !"`$ )p ?éA@ ?ØA@?éA@ )p ?ÙA@ G¤WX?±A@ G¥WX GÌWX G¼WX SÎ GÎWX G²WX GgWX G±WX GªWX GÑWX GÑWX G¸WX GàWX G¹WX ?¹A@ SÈ GÉWX GÐWX WashingtonRamseyHennepinRamseyScott Rice GoodhueRiceWisconsin UMore Park Legend !IExisting Arterial Roads Principal Arterial Minor Arterial 2015 AADT < 5000 5000 - 10000 10000 - 20000 20000 - 30000 30000 + Planned Roads Planned Roads 0 5MilesSource: Met Council, MnGeo, Dakota County, MnDOT Study Corridor Park UMore Park ##Spacing (Miles) Principal Arterial Corridor Volumes Map Document: \\metrosouth1\gis\DACO\T44114295\ESRI\Maps\Overview_Regional\Overview_Volume_85x11P.mxd | Date Saved: 9/19/2017 10:55:42 AM Figure ES­1 Source: MnDOT, Dakota Co, Met. Council 0 5Miles P r i n c i p a l A r t e r i a l S t u d y FINAL REPORT Page ES-2 June 2018 The Study does not complete a formal decision- making process for designation of new PA highway segments. But it does identify a few segments proposed for near-term PA designation (in the coming months or years). These corridors, highlighted on Figure ES-1, were identified by Dakota County as the best candidates for future PA designation. All of them exhibit good north-south or east-west continuity and provide connections to important destinations. A one-mile segment of CH 28 (Yankee Doodle Road) was also identified as a possible connection in a future PA system based on its links to CH 63 and MN 149. Study Objectives The Study’s primary objectives were to evaluate how the above-noted highways are used and the features they exhibit compared with PA highway characteristics. Other objectives included documenting context for the highways and providing guidance to help Dakota County and its partners plan for both regional and local highway system priorities. The intent of the study was not to identify corridors that require major infrastructure investment or to prioritize improvement needs, but to identify corridors that will be required to provide a PA function for the public either now or in the future. This will allow Dakota County, MnDOT, and the cities to plan for and manage the corridors and supporting road network over time and make appropriate investment to support the PA function at the time they are needed. Importantly, the Study does not complete a formal decision-making process for designation of new PA highway segments. But it does provide supporting data and guidance on next steps, including identification of a few segments proposed for near-term PA designation (in the coming months or few years). The Study may also serve as a reference for future discussions of highway jurisdictional roles— county vs. state highways. While setting priorities for highway system funding was also not a primary objective, designated PA highways have greater potential for National Highway System (NHS) preservation funding and for other federal and state funding programs. Study Scope, Process, and Partners All highways addressed in the Study provide continuity over long distances, serving many trips, commuters, and population or employment destinations. Initially, dozens of parameters were considered based on FHWA, MnDOT, Metropolitan Council, and Dakota County guidance. But certain characteristics were found to be most relevant in building the Study’s technical framework: Decision characteristics: Does the highway function like a PA? Decision characteristics concern the suitability of corridors to be future PA highways. The key decision characteristics included system spacing, traffic volumes, system connectivity, capacity role in system, and role in carrying freight. Timing characteristics: Is the highway ready to be a PA? Timing characteristics are those affecting the “readiness” of the corridor and often provide a basis for additional corridor planning. The key timing characteristics included access spacing, posted speed, high-capacity intersections, transit (in urban areas), right-of-way, and absence of parking. ` FINAL REPORT June 2018 Page ES-3 Dakota County invited and encouraged participation from a full range of relevant partners, specifically: MnDOT Metropolitan Council Dakota County Scott County Cities of Apple Valley, Eagan, Farmington, Inver Grove Heights, Lakeville, and Rosemount Representatives of the County’s 13 townships and rural centers (under 5,000 residents each) Representatives of these agencies participated in periodic Study Management Team (SMT) meetings. The same agencies, as well as other invited stakeholders, were also involved in a series of four subarea outreach meetings, which were held from late November 2017 into January 2018. Study Results and Conclusions/Recommendations Figure ES-2 presents the PA Study’s overall conclusions and recommendations. The information below briefly notes how Study conclusions and recommendations were reached, including consideration of input from outreach meetings. More details are provided in the full Final Report A. North Subarea – Eagan, Inver Grove Heights, and Rosemount MN 149, CH 63, CH 28, and MN 3 This is a developed urban part of Dakota County and exhibits some of the highest traffic volumes observed on PA Study highways. Discussions of this area noted close spacing between MN 149, CH 63 (a planned new connection to I-494), and close spacing for MN 3 to the north and constraints from development on MN 3 in downtown Rosemount. Considering these and other unique characteristics, a one-mile segment of CH 28 connecting CH 63 and MN 149 was added to the Study. Conclusions. Because of close spacing and roles in serving future traffic, the northern-most segments of MN 149 and MN 3 are not recommended as future PA highways. All other segments in the North Subarea are recommended as future PA highway routes, but not for near-term designation. CH 63 is noteworthy in the Study as a special case because it is a planned, partially completed, new corridor with right-of-way reserved for a future access-managed arterial connecting to I-494. West Subarea – Apple Valley and Lakeville CH 23 and CH 70 Like the North, the West Subarea is mostly developed and exhibits some of the highest traffic volumes observed on PA Study highways. Discussions for this area focused on the current and future roles of CH 23 (north-south) and CH 70 (east-west), including the proposed future eastward extension of CH 70 to Farmington and to MN 50 and US 61 (see more below in the East Subarea section). Conclusions. The Study found that CH 23 and CH 70 exhibit regional importance now and in the future; additionally, these links have available rights-of-way, good access spacing/management, and high posted speeds. The two segments, which connect to each other and to I-35 on the west, are recommended for near-term designation as PA highways (Figure ES-2). In the coming months or few years, Dakota County will work with the two cities, as well as the Metropolitan Council and MnDOT, to officially determine a functional classification change. The one other segment in the West Subarea (CH 70 west of I-35) is recommended as a future PA highway route, but not for near-term designation. Intentionally Blank Corridor Segments and Subareas Map Document: \\arcserver1\GIS\DACO\T44114295\ESRI\Maps\Overview_Regional\Overview_SubareaKey_Engagement.mxd | Date Saved: 2/6/2018 12:23:54 PM Source: MnDOT, Dakota Co, Met. Council ?§A@GÉWX ?tA@ ?§A@ GwWX )s ?ÕA@GÐWX GàWX ?ÕA@ !"b$ ?èA@)p G±WX !"`$ %&c( ?éA@ %&d( %&f( )s )p ?±A@ %&d( %&f( ?ÞA@ ?ØA@ )m ?ØA@ ?§A@ ?¸A@ ?ØA@ )m )s 3A 63* 149 3B 3C 3D 23A 23B 70B 86A 86C 50A 50B/61 70A 70C* 3E 23C 23D* 86B Eagan Lakeville Rosemount Eureka Twp. Burnsville Douglas Twp. Empire Twp. Hampton Twp. Marshan Twp. Vermillion Twp. Castle Rock Twp. Greenvale Twp. Ravenna Twp. Inver Grove Heights AppleValley Hastings Farmington SciotaTwp. Nininger Twp. Waterford Twp. Randolph Twp. Mendota Heights South St. Paul West St. Paul Miesville Coates Northfield Hampton Sunfish Lake Lilydale Randolph Vermillion Mendota New Trier 0 5Miles P r i n c i p a l A r t e r i a l S t u d y Legend Segment Terminous Study Corridor Study Corridor Future Connection County Boundary Scott Co. Future PA Principal Arterial Minor Arterial City/Township Boundary !I 23A Segment Label * Future Connection Subareas East North South West Figure ES­2 FINAL REPORT Page ES-4 June 2018 East Subarea – Farmington, Hampton, and Rural Townships to East CH 70 (Future Connection), MN 3, MN 50, and US 61 The East Subarea has important connections to the North and West Subareas via MN 3 and the future connection to CH 70. Transitional land use is an important characteristic, with both urban and rural areas observed. As noted for the West Subarea above, the future regional importance of the CH 70 – CH 50 - MN 50 - US 61 corridor is also a consideration to the east. The Study noted the need to manage highway access and mobility through the small but growing communities to the east – Hampton, New Trier, and Miesville. Conclusions. The East Subarea’s highway segments reflect PA characteristics and all are recommended as future PA highway routes, but not for near-term designation. As noted for both the West and East Subareas, the regional importance of this multi-jurisdictional corridor for future mobility, and planning for future demands, should be considered in future studies. South Subarea – Southern Lakeville/Farmington and Rural Townships to South CH 23, MN 3, and CH 86 The South Subarea is rural, but includes future growth areas. With few local traffic generators, the highways in the South are often used for through trips and provide important connections to jobs and commerce. The system issues for this subarea include connectivity to the north, to I-35, to Northfield, and to Rochester via US 52, an existing PA. Discussions of this subarea noted that CH 86 has some limited rights-of-way and no interchange with I-35. The close spacing of parallel segments of MN 3 and CH 23 was also noted. Conclusions. The segments in the South Subarea typically fit the characteristics of PA highways. However, the spacing is close between the southern-most portions of CH 23 and MN 3, and relative importance in connecting to Northfield is an issue as noted above. Therefore, MN 3 is recommended as a future PA segment connecting to Northfield; CH 23 south of CH 86 is not recommended as a future PA. All other segments of CH 23, MN 3, and CH 86 are recommended as future PA highway routes, but not for near-term designation based on timing/readiness issues. Next Steps The Dakota County PA Study concludes with the above-noted conclusions and recommendations, including the proposed near-term official designation of CH 70 east of I-35 and CH 23 north of CH 70 as PA highways (West Subarea). Figure ES-3 summarizes next steps, which will include noting recommendations in the County’s 2040 Transportation Plan. The proposed near- term designations will be formally addressed in the coming months or years with the Metropolitan Council and MnDOT. This Study’s results, which include several recommendations to manage all of the recommended future PA highways, will be updated periodically and reflected in transportation plans. FIGURE ES-3. SUMMARY OF N EXT STEPS CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION OF SUPPORT FOR DAKOTA COUNTY’S PRINCIPAL ARTERIAL STUDY WHEREAS, Dakota County recently completed a study to identify roadway corridors that will be required to provide a Principal Arterial (PA) function for the public either now or in the future; and WHEREAS, Dakota County has worked over the last year with representatives from select cities/townships within the County (including Apple Valley), MnDOT, Met Council, and Scott County on the draft Study; and WHEREAS, the Study recommends that the Cedar Avenue (CSAH 23) corridor from CSAH 42 south into Lakeville be designated as a PA highway. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: The City of Apple Valley hereby supports the final Principal Arterial Study as completed by Dakota County. ADOPTED this 27th day of September, 2018. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.J . C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A pprove Wetland Delineation for A pple Valley Golf Course S taff Contact: J ane Byron, Water Quality Technician Department / Division: Natural Resources Division AC T I O N RE Q UE S T E D: Approve wetland delineation for the Apple Valley Golf Course property located at 8661 140th St. W. on four parcels (PIDs 010200077022, 015665000040, 011815000030, and 011815000040), as summarized in the complete delineation report of J uly 25, 2018. S UM M ARY: T he wetland delineation report for the Apple Valley Golf Course located at 8664 140th St. W. on parcels 010200077022, 015665000040, 011815000030, and 011815000040 was completed on and received by Apple Valley on J uly 25, 2018. A site visit and field review was completed by Apple Valley on August 13, 2018, where a D akota County Soil and Water Conservation District staff member was also present. Based on the characteristics found on site, it was determined that wetland boundaries as surveyed in the field and wetland types were correct and conform with the methods laid out in the 1987 C orps Manual, accompanying supplements and standards of the Minnesota Wetland Conservation Act. B AC K G RO UND: A wetland delineation is required by the Minnesota Wetland Conservation Act (WC A) when a project may adversely impact a wetland, primarily by draining or filling a portion of it. A Local Government Unit (LG U) is responsible for administering the program. T he C ity of Apple Valley is the LG U for projects taking place in Apple Valley. As a part of a potential sale of the property, A ugusta Development located and found boundaries of wetlands occurring on the subject property. A complete wetland delineation report was submitted J uly 25, 2018, by Kjolhaug Environmental Services Company, Inc, on behalf of Augusta Development, Bo Nickoloff, and J oel Watrud. T he report depicts the location of wetland boundaries, a determination of wetland types, the methods used to determine boundaries, and the evidence supporting the location of wetland boundaries. Attached is a copy of the revised delineation report dated J uly 25, 2018. Should the Mayor and City C ouncil approve the wetland delineation, a N otice of Decision will be sent to all required parties as mandated in WC A. Based on the conditions found on site August 13, 2018, staff believes the wetland delineation conforms to standards found within the Army C orp Of Engineers 1987 Wetland Delineation Manual, accompanying supplements, and the standards of the Minnesota Wetland Conservation Act. B UD G E T I M PAC T: T his approval has no impact on the C ity budget. AT TAC HM E NT S : Report Apple Valley Golf Course Apple Valley, Minnesota Wetland Delineation Report Prepared for Augusta Development by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2018-082) July 25, 2018 1 WETLAND DELINEATION SUMMARY • The Apple Valley Golf Course was inspected on June 27, 2018 for the presence and extent of wetland. • The NWI map showed three PUBGx wetlands present within the site boundaries. • The Soil Survey map showed Kingsley-Mahtomedi-Spencer complex (Non-Hydric) as the main soil type present onsite. No hydric soil was mapped within the site boundaries on the Soil Survey. • The DNR Public Waters map showed one DNR Public Water (Allmagnet Lake, 19-21 P) approximately 1200’ southwest of the site boundaries. • The NHD map showed three Lake/Ponds within the site boundaries. • Three wetlands delineated within the site boundaries are described below in Table 1: Table 1. Wetland delineated on the Apple Valley Golf Course Wetland ID Wetland Type Dominant Vegetation Circular 39 Cowardin Eggers and Reed 1 Type 5 PUBGx Open Water Open water, fringe of reed canary grass 2 Type 5 PUBGx Open Water Open water, fringe of reed canary grass 3 Type 5 PUBGx Open Water Open water, fringe of reed canary grass 2 Apple Valley Golf Course Apple Valley, Minnesota Wetland Delineation Report I. INTRODUCTION The 22.4-acre Apple Valley Golf Course was inspected on June 27, 2018 for the presence and extent of wetland. The property was located in Section 20, Township 115N, Range 20W, Apple Valley, Dakota County, Minnesota. The site was located east of 140th Street West and west of Garden View Drive (Figure 1). The site limits correspond to the following Dakota County PID#s: 011815000010, 010200077022, 011815000030, 011815000040 and 015665000040. The Apple Valley Golf Course consisted of mowed turf grass with three ponds and patches of woodland interspersed throughout the site. Surrounding land use consist ed of single-family residential, with commercial buildings north of the site. The topography of the site was characterized by rolling hills at 1022 ft MSL, sloping to 1000 ft MSL adjacent to the ponds. Three (3) wetlands were identified and delineated within the site boundaries (Figure 2). II. METHODS Wet lands were identified using Routine Determination methodology described in the Corps of Engineers Wetland Delineation Manual (Waterways Experiment Station, 1987) and Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0) as required under Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. Wetland boundaries were identified as the upper -most extent of wetland that met criteria for hydric soils, hydrophytic vegetation, and wetland hydrology. Wetland-upland boundaries were marked wit h pin flags and located using a Trimble Juno T-41 handheld GPS Unit by Kjolhaug Environmental Services. Soils, vegetation, and hydrology were documented at a representative location along the wetland - upland boundary. Plant species dominance was estimated based on the percent aerial or basal coverage visually estimated within a 30-foot radius for trees and vines, a 15-foot radius for the shrub layer, and a 5-foot radius for the herbaceous layer within the community type sampled. Soils were characterized to a minimum depth of 18 -24 inches (unless otherwise noted) utilizing Munsell Soil Color Charts and standard soil texturing methodology. Hydric soil indicators used in reporting are from Field Indicators of Hydric Soils in the United States (USDA Natural 3 Resources Conservation Service in cooperation with the National Technical Committee for Hydric Soils, Version 7, 2010). Mapped soils are separated into five classes based on the percent composition of hydric components and the Hydric Rating by Map Unit color classes utilized on Web Soil Survey. The five classes include Hydric (100 percent hydric components), Predominantly Hydric (66 to 99 percent hydric components), Partially Hydric (33 to 65 percent hydric c omponents), Predominantly Non-Hydric (1 to 32 percent hydric components), and Non-Hydric (less than one percent hydric components). Plants were identified using standard regional plant keys. Taxonomy and indicator status of plant species was taken from the 2016 National Wetland Plant List (U.S. Army Corps of Engineers 2016. National Wetland Plant List, version 3.2, https://wetland_plants.usace.army.mil Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory, Hanover, NH). III. RESULTS Review of NWI, Soils, NHD, and DNR Information The National Wetlands Inventory (NWI) (Minnesota Geospatial Commons 2009-2014, https://gisdata.mn.gov/dataset/water-nat-wetlands-inv-2009-2014) showed three PUBGx wetlands present within the site boundaries (Figure 3). The Soil Survey of Dakota County, Minnesota (http://soils.usda.gov/survey/geography/ssurgo/) showed Kingsley-Mahtomedi-Spencer complex (Non-Hydric) as the main soil type present onsite. No hydric soil was mapped within the site boundaries on the Soil Survey. A table of soil series data and hydric ratings is provided below in Table 2 and shown on Figure 4. Table 2. Soil series information Map unit symbol Map unit name Hydric Rating Acres in AOI Percent of AOI 895B Kingsley-Mahtomedi- Spencer complex, 3 to 8 percent slopes Non-Hydric 17.57 78.4 895C Kingsley-Mahtomedi- Spencer complex, 8 to 15 percent slopes Non-Hydric 2.86 12.8 861C Urban land-Kingsley complex, 3 to 15 percent slopes Non-Hydric 1.34 6.0 858C Urban land-Chetek complex Non-Hydric 0.38 1.7 415C Kanaranzi loam Non-Hydric 0.29 1.3 1029 Pits, gravel Non-Hydric 0.02 0.1 4 The Minnesota DNR Public Waters Map, Dakota County (https://gisdata.mn.gov/dataset/water- mn-public-waters) showed one DNR Public Water (Allmagnet Lake, 19-21 P) approximately 1200’ southwest of the site boundaries (Figure 5). The National Hydrography Dataset (U.S. Geological Survey, http://nhd.usgs.gov/) showed three Lake/Ponds within the site boundaries (Figure 6). Wetland Determinations and Delineations Potential wetlands were evaluated in greater detail during field observations on June 27, 2018. Three wetlands were identified and delineated on the property (Figure 2). A copy of the Wetland Boundary Survey will be provided when it becomes available. Corresponding data forms are included in Appendix A. The following description of the wetland, and the adjacent upland reflects conditions observed at the time of the field visit. The site visit was conducted during the growing season, with actively growing vegetation present onsite. Precipitation conditions were typical based on the gridded database method (3-month antecedent conditions), and slightly wetter than the normal range based on available 30 -day rolling precipitation data (Appendix B). The Joint Application Form has been included as Appendix C. Wetland 1 was a Type 5 (PUBGx) sparsely vegetated open water wetland surrounded by a fringe of smartweed and reed canary grass. Wetland 1 was inundated with approximately 3’ of water at the time of the field visit, and was saturated at the surface along the wetland fringe. Adjacent upland consisted of golf course turf dominated by Kentucky blu egrass, as well as a narrow strip of woodland dominated by a canopy of hackberry, willow and green ash trees with an understory of Kentucky bluegrass. Primary and secondary hydrology indicators were not observed on the upland. The delineated boundary followed a change in veget ation from wetland to upland plant communities, as well as a distinct change in topography along the excavated sideslope of the wetland. Wetland 1 was shown as a PUBGx wetland on the NWI map, and was located within an area mapped as Kingsley-Mahtomedi-Spencer Complex on the soil survey. An inlet was observed on the western portion of Wetland 1, however no outlet was observed. Wetland 2 was a Type 5 (PUBGx) sparsely vegetated open water wetland surrounded by a fringe of smartweed and reed canary grass. Wetland 2 was inundated with approximately 3 ’ of water at the time of the field visit, and was saturated at the surface along the wetland fringe. Adjacent upland consisted of golf course turf dominated by Kentucky bluegrass. Primary and secondary hydrology indicators were not observed on the upland. The delineated boundary followed a change in vegetation from wetland to upland plant communities, as well as a distinct change in topography along the excavated side slope of the wetland. Wetland 2 was shown as a PUBGx wetland on the NWI map, and was located within an area mapped as Kingsley-Mahtomedi-Spencer Complex on the soil survey. Wetland 2 drained eastward into Wetland 3 through a culvert. 5 Wetland 3 was a Type 5 (PUBGx) sparsely vegetated open water wetland surrounded by a fringe of smartweed and reed canary grass. Wetland 3 was inundated with approximately 3’ of water at the time of the field visit, and was saturated at the surface along the wetland fringe. Adjacent upland consisted of golf course turf dominated by Kentucky bluegrass. Primary and secondary hydrology indicators were not observed on the upland. The delineated boundary followed a change in vegetation from wetland to upland plant communities, as well as a distinct change in topography along the excavated side slope of the wetland. Wetland 3 was shown as a PUBGx wetland on the NWI map, and was located within an area mapped as Kingsley-Mahtomedi-Spencer Complex on the soil survey. A drop-inlet structure was located at the eastern edge of Wetland 3 that appeared to exit to the south towards 140th Street West. Other Areas No other areas with hydrophytic vegetation or wetland hydro logy were observed on the site. No other areas were shown as hydric soil on the soil survey or as wetland on the NWI map . 6 IV. CERTIFICATION OF DELINEATION The procedures utilized in the described delineation are based on the COE 1987 Wetland Delineation Manual as required by Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. Both the delineation and report were conducted in compliance with regulatory standards in place at the time the work was completed. All site boundaries indicated on figures within this report are approximate and do not constitute an official survey product. Delineation Completed by: Adam Cameron, Wetland Ecologist Minnesota Certified Wetland Delineator No. 1321 Kyle Uhler, Wetland Project Assistant Report Prepared by: Adam Cameron, Wetland Ecologist Minnesota Certified Wetland Delineator No. 1321 Report reviewed by: ____________________________________ Date: July 25, 2018 Mark Kjolhaug, Professional Wetland Scientist No. 000845 Apple Valley Golf Course Wetland Delineation Report Figures: • Figure 1 – Site Location Map • Figure 2 – Existing Condit ions Map • Figure 3 – NWI Map • Figure 4 – Soil Survey Map • Figure 5 – DNR Protected Waters Map • Figure 6 – National Hydrography Dataset Map © OpenStreetMap (and) contributors, CC-BY-SA Figure 1 - Site Location Apple Valley Golf Course (KES 2018-082)Apple Valley, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 650 Feet Source: ESRI Streets Basemap Site Location 998 10201022 1000 1026996 1036 1040 1008 9 9 4 1010 10521 0 1 2 1034 1014 1016 1018 9 9 2 1038 1 0 3 21030 990 1024 10421028 10541 0 4 4 9 8 8 1 0 4 610481050105610581060 10 04 10621006 1 0 6 4 9 8 6 10661002 10 68 10709 8 4 1 0 7 2 982 980 9 7 8976 974 10741 0 7 61078 972 970 968966 964 10809621082960 1 0 8 4 958 10861 0 8 8 1 0 9 0 1092956 110010941 0 9 6 954 1098 11021 0 5 0 1 0 0 6 9 9 6 9941012 10101054 994 9901024 1074998 1002105610089 9 8 1 0 3 6 976 970 990968 9 9 6994984 104410521 0 5 6 1 0 1 4 1004 1 0 1 0 1018 1058 100010901000 1 0 1 6 9 9 6 1000 9 7 2 1 0 0 2 1000 1 0 0 0 1012 996992 998 996 10021098 9 9 8 962 10001 0 5 2 10589901010 1 0 1 0 1008 1 0 1 2 1004 994 9 9 8 1040 998 998 1004 1 0 1 0 1032 106610101 0 0 21000 992 9 6 6 994 1 0 0 0 9 8 6 10201058100210241002990 10641058 996 1 0 9 2 960 1006 964 1058100010361 0 0 8 1006 9989921006 10349961004 986 1032100610 04 1 0 0 4 1042 10441046982996100210121008 1058978996 1002 10781102 1048 996 980 998990992 992 99810301032 988 1 0 2 8 1004 9 9 8 988 1076 10049901042 1004 10001002 1 0 1 0 9981002 998994 10141 0 0 4 996998 1032 1 0 3 4 992 1002 1022 1 0 0 0 994 1034106410089 9 4 1012 1038 1006 974 Figure 2 - Existing Conditions Apple Valley Golf Course (KES 2018-082)Apple Valley, Minnesota Note: Boundaries indicated on this figure are approxim ate and do not constitute an official survey product. ¯0 300 Feet Project Boundary Drainageway Culvert Transect Wetland Boundary Dakota County Lidar Source: MNGEO Spatial Commons Wetland 1 Wetland 2 Wetland 3 L2UBH PUBGx PUBGx PUBGx PUBGxPUBGx PEM1A PUBGx PUBGx PUBGx PUBGx PUBGxFigure 3 - National Wetlands Inventory Apple Valley Golf Course (KES 2018-082)Apple Valley, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 350 Feet Source: MNGEO Spatial Commons, USFW S 861C 895B 858C 415C 895C W 49B 344 342B 155E 39B2 1027 895C 342F 342C 1029 449B W 895C 39B2 896E 454E 12C 150B W 896E Figure 4 - Soil Survey Apple Valley Golf Course (KES 2018-082)Apple Valley, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 350 Feet Hydric/Predominantly Non-Hydric Prdominantly Non-Hydric/Non-Hydric Source: MNGEO Spatial Commons, USDA, NRCS For soil series information see narrative. Alimagnet (19-21 P) Figure 5 - DNR Public Waters Inventory Apple Valley Golf Course (KES 2018-082)Apple Valley, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 500 Feet Public Ditch/Altered Natural Watercourse Public Watercourse Public Waters Source: MNGEO Spatial Commons, MN DNR Figure 6 - National Hydrography Dataset Apple Valley Golf Course (KES 2018-082)Apple Valley, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 350 Feet NHD Waterbody Lake/Pond Source: MNGEO Spatial Commons, USGS Apple Valley Golf Course Wetland Delineation Report Appendix A: Wetland Delineation Data Forms Project/Site: Slope (%): Are climatic/hydrologic conditions of the site typical for this time of the year?(If no, explain in remarks) Are vegetation , soil significantly disturbed? Are vegetation , soil naturally problematic? SUMMARY OF FINDINGS Hydrophytic vegetation present? Hydric soil present?Is the sampled area within a wetland? Indicators of wetland hydrology present? Remarks: (Explain alternative procedures here or in a separate report.) Dominance Test Worksheet ) 1 (A) 2 3 (B) 4 5 (A/B) =Total Cover Sapling/Shrub stratum )Prevalence Index Worksheet 1 Total % Cover of: 2 OBL species x 1 = 3 FACW species x 2 = 4 FAC species x 3 = 5 FACU species x 4 = =Total Cover UPL species x 5 = Herb stratum )Column totals (A)(B) 1 Prevalence Index = B/A = 2 3 Hydrophytic Vegetation Indicators: 4 Rapid test for hydrophytic vegetation 5 X Dominance test is >50% 6 X Prevalence index is ≤3.0* 7 8 9 10 =Total Cover Woody vine stratum ) 1 2 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Investigator(s):A.Cameron, K.Uhler Landform (hillslope, terrace, etc.): Applicant/Owner:Augusta Development State: Hillslope Section, Township, Range: Soil Map Unit Name: Y Kingsley-Mahtomedi-Spencer Complex NWI Classification: 3 - 5 Lat:Long:Datum: X Y N VEGETATION -- Use scientific names of plants. Are "normal circumstances" present? Yes Absolute % Cover30 ft Radius If yes, optional wetland site ID: Precipitation from Gridded Database Method typical. 30-day precipitation rolling total slightly wetter than the normal range. Soil disturbed due to historic fill in this location. N Celtis occidentalis 50 Y FAC Dominant Species Indicator Staus 0 0 150 450 0 3.00 150 450 Problematic hydrophytic vegetation* (explain) 0 0 Poa pratensis 100 Y FAC (Plot size:5 ft Radius Y 0 Apple Valley Golf Course Hydrophytic vegetation present? (Plot size:30 ft Radius 100 (Plot size:15 ft Radius Tree Stratum (Plot size: 0 0 Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) N 2 2 0 0 100.00% Number of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: Percent of Dominant Species that are OBL, FACW, or FAC: 50 WETLAND DETERMINATION DATA FORM - Midwest Region City/County:Apple Valley/Dakota Sampling Date: *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 6/27/2018 Sampling Point:SP1-1UMN Local relief (concave, convex, none):Linear S:20 T:115N R:20W (If needed, explain any answers in remarks.) None , or hydrology , or hydrology US Amy Corps of Engineers Midwest Region Iron-Manganese Masses (F12) (LRR K, L, R) Very Shallow Dark Surface (TF12) Aquatic Fauna (B13) True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Presence of Reduced Iron (C4) Sampling Point:SP1-1U Depth (Inches) Matrix Redox Features Texture RemarksColor (moist)%Color (moist)%Type*Loc** 0-10 10YR 3/2 100 Loam 10-22 10YR 3/2 96 10YR 6/1 2 D M Clay Loam Remarks: Water-Stained Leaves (B9) Oxidized Rhizospheres on Living Roots (C3) Drainage Patterns (B10) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depleted Matrix (F3) Loamy Gleyed Matrix (F2) Gauge or Well Data (D9) Other (Explain in Remarks) Hydric Soil Indicators: Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Remarks: Type: Sandy Mucky Mineral (S1) NHydric soil present? Dry-Season Water Table (C2) Water Marks (B1)Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Depth (inches): Sediment Deposits (B2) SOIL Wetland Hydrology Indicators: Saturation (A3) HYDROLOGY Surface Water (A1)Surface Soil Cracks (B6) High Water Table (A2) 2 cm Muck (A10) 5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Histisol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Primary Indicators (minimum of one is required; check all that apply) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) No X Recent Iron Reduction in Tilled Soils (C6) Algal Mat or Crust (B4) Depth (inches): FAC-Neutral Test (D5) Iron Deposits (B5) Drift Deposits (B3) (includes capillary fringe) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface (B8) Surface water present? Yes NoSaturation present? Field Observations: Depth (inches): Thin Muck Surface (C7) N Water table present?Yes No X Depth (inches): X *Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. **Location: PL = Pore Lining, M = Matrix Indicators of wetland hydrology present? Coast Prairie Redox (A16) (LRR K, L, R) Dark Surface (S7) (LRR K, L) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Indicators for Problematic Hydric Soils: Other (explain in remarks) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Secondary Indicators (minimum of two required) Yes 10YR 4/6 2 C M Clay Loam US Army Corps of Engineers Midwest Region Project/Site: Slope (%): Are climatic/hydrologic conditions of the site typical for this time of the year?(If no, explain in remarks) Are vegetation , soil significantly disturbed? Are vegetation , soil naturally problematic? SUMMARY OF FINDINGS Hydrophytic vegetation present? Hydric soil present?Is the sampled area within a wetland? Indicators of wetland hydrology present? Remarks: (Explain alternative procedures here or in a separate report.) Dominance Test Worksheet ) 1 (A) 2 3 (B) 4 5 (A/B) =Total Cover Sapling/Shrub stratum )Prevalence Index Worksheet 1 Total % Cover of: 2 OBL species x 1 = 3 FACW species x 2 = 4 FAC species x 3 = 5 FACU species x 4 = =Total Cover UPL species x 5 = Herb stratum )Column totals (A)(B) 1 Prevalence Index = B/A = 2 3 Hydrophytic Vegetation Indicators: 4 Rapid test for hydrophytic vegetation 5 X Dominance test is >50% 6 X Prevalence index is ≤3.0* 7 8 9 10 =Total Cover Woody vine stratum ) 1 2 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Investigator(s):A.Cameron, K.Uhler Landform (hillslope, terrace, etc.): Applicant/Owner:Augusta Development State: Depression Section, Township, Range: Soil Map Unit Name: Y Kingley-Mahtomedi-Spencer Complex (Non-Hydric)NWI Classification: 0 - 2 Lat:Long:Datum: X Y Y VEGETATION -- Use scientific names of plants. Are "normal circumstances" present? Yes Absolute % Cover30 ft Radius Wetland 1If yes, optional wetland site ID: Precipitation from Gridded Database Method typical. 30-day precipitation rolling total slightly wetter than the normal range. Soil disturbed due to historic excavation in this location. Y Dominant Species Indicator Staus 0 0 0 0 0 2.00 100 200 Problematic hydrophytic vegetation* (explain) 0 0 Phalaris arundinacea 90 Y FACW (Plot size:5 ft Radius Persicaria pensylvanica 10 N FACW Y 0 Apple Valley Golf Course Hydrophytic vegetation present? (Plot size:30 ft Radius 100 (Plot size:15 ft Radius Tree Stratum (Plot size: 100 200 Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) Y 1 1 0 0 100.00% Number of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: Percent of Dominant Species that are OBL, FACW, or FAC: 0 WETLAND DETERMINATION DATA FORM - Midwest Region City/County:Apple Valley/Dakota Sampling Date: *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 6/27/2018 Sampling Point:SP1-1WMN Local relief (concave, convex, none):Concave S:20 T:115N R:20W (If needed, explain any answers in remarks.) PUBGx , or hydrology , or hydrology US Amy Corps of Engineers Midwest Region Iron-Manganese Masses (F12) (LRR K, L, R) Very Shallow Dark Surface (TF12) X Aquatic Fauna (B13) X True Aquatic Plants (B14) X Hydrogen Sulfide Odor (C1) Presence of Reduced Iron (C4) X X Sampling Point:SP1-1W Depth (Inches) Matrix Redox Features Texture RemarksColor (moist)%Color (moist)%Type*Loc** 0-20 10YR 2/1 85 10YR 4/6 5 C M Clay Loam 10YR 4/1 10 D M Clay Loam 10YR 2/1 10 Clay Loam Remarks: Water-Stained Leaves (B9) Oxidized Rhizospheres on Living Roots (C3) Drainage Patterns (B10) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depleted Matrix (F3) Loamy Gleyed Matrix (F2) Gauge or Well Data (D9) Other (Explain in Remarks) Hydric Soil Indicators: Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Remarks: Type: Sandy Mucky Mineral (S1) YHydric soil present? Dry-Season Water Table (C2) Water Marks (B1)Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Depth (inches): Sediment Deposits (B2) SOIL Wetland Hydrology Indicators: Saturation (A3) HYDROLOGY Surface Water (A1)Surface Soil Cracks (B6) High Water Table (A2) 2 cm Muck (A10) 5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Histisol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Primary Indicators (minimum of one is required; check all that apply) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) No X Recent Iron Reduction in Tilled Soils (C6) Algal Mat or Crust (B4) Depth (inches): FAC-Neutral Test (D5) Iron Deposits (B5) Drift Deposits (B3) (includes capillary fringe) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface (B8) Surface water present? Yes X NoSaturation present? Field Observations: Depth (inches): Thin Muck Surface (C7) Y Water table present?Yes X No Depth (inches):5 4 *Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. **Location: PL = Pore Lining, M = Matrix Indicators of wetland hydrology present? Coast Prairie Redox (A16) (LRR K, L, R) Dark Surface (S7) (LRR K, L) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Indicators for Problematic Hydric Soils: Other (explain in remarks) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Secondary Indicators (minimum of two required) Yes 20-24 10YR 6/1 90 Clay Loam US Army Corps of Engineers Midwest Region Project/Site: Slope (%): Are climatic/hydrologic conditions of the site typical for this time of the year?(If no, explain in remarks) Are vegetation , soil significantly disturbed? Are vegetation , soil naturally problematic? SUMMARY OF FINDINGS Hydrophytic vegetation present? Hydric soil present?Is the sampled area within a wetland? Indicators of wetland hydrology present? Remarks: (Explain alternative procedures here or in a separate report.) Dominance Test Worksheet ) 1 (A) 2 3 (B) 4 5 (A/B) =Total Cover Sapling/Shrub stratum )Prevalence Index Worksheet 1 Total % Cover of: 2 OBL species x 1 = 3 FACW species x 2 = 4 FAC species x 3 = 5 FACU species x 4 = =Total Cover UPL species x 5 = Herb stratum )Column totals (A)(B) 1 Prevalence Index = B/A = 2 3 Hydrophytic Vegetation Indicators: 4 Rapid test for hydrophytic vegetation 5 X Dominance test is >50% 6 Prevalence index is ≤3.0* 7 8 9 10 =Total Cover Woody vine stratum ) 1 2 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Investigator(s):A.Cameron, K.Uhler Landform (hillslope, terrace, etc.): Applicant/Owner:Augusta Development State: Hillslope Section, Township, Range: Soil Map Unit Name: Y Kingsley-Mahtomedi-Spencer Complex (Non-Hydric)NWI Classification: 3 - 5 Lat:Long:Datum: X Y N VEGETATION -- Use scientific names of plants. Are "normal circumstances" present? Yes Absolute % Cover30 ft Radius If yes, optional wetland site ID: Precipitation from Gridded Database Method typical. 30-day precipitation rolling total slightly wetter than the normal range. Soil disturbed due to historic fill in this location. N Dominant Species Indicator Staus 0 0 85 255 0 3.15 100 315 Problematic hydrophytic vegetation* (explain) 0 0 Poa pratensis 85 Y FAC (Plot size:5 ft Radius Digitaria ischaemum 15 N FACU Y 0 Apple Valley Golf Course Hydrophytic vegetation present? (Plot size:30 ft Radius 100 (Plot size:15 ft Radius Tree Stratum (Plot size: 0 0 Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) N 1 1 15 60 100.00% Number of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: Percent of Dominant Species that are OBL, FACW, or FAC: 0 WETLAND DETERMINATION DATA FORM - Midwest Region City/County:Apple Valley/Dakota Sampling Date: *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 6/27/2018 Sampling Point:SP2-1UMN Local relief (concave, convex, none):Linear S:20 T:115N R:20W (If needed, explain any answers in remarks.) None , or hydrology , or hydrology US Amy Corps of Engineers Midwest Region Iron-Manganese Masses (F12) (LRR K, L, R) Very Shallow Dark Surface (TF12) Aquatic Fauna (B13) True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Presence of Reduced Iron (C4) Sampling Point:SP2-1U Depth (Inches) Matrix Redox Features Texture RemarksColor (moist)%Color (moist)%Type*Loc** 0-10 10YR 3/3 100 Loam 10-12 10YR 6/6 100 Sand and gravel Remarks: Water-Stained Leaves (B9) Oxidized Rhizospheres on Living Roots (C3) Drainage Patterns (B10) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depleted Matrix (F3) Loamy Gleyed Matrix (F2) Gauge or Well Data (D9) Other (Explain in Remarks) Hydric Soil Indicators: Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Remarks: Type: Sandy Mucky Mineral (S1) NHydric soil present? Dry-Season Water Table (C2) Water Marks (B1)Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Depth (inches):12 Sediment Deposits (B2) SOIL Wetland Hydrology Indicators: Saturation (A3) HYDROLOGY Surface Water (A1)Surface Soil Cracks (B6) High Water Table (A2) 2 cm Muck (A10) 5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Histisol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Gravel - Unable to auger further Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Primary Indicators (minimum of one is required; check all that apply) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) No X Recent Iron Reduction in Tilled Soils (C6) Algal Mat or Crust (B4) Depth (inches): FAC-Neutral Test (D5) Iron Deposits (B5) Drift Deposits (B3) (includes capillary fringe) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface (B8) Surface water present? Yes NoSaturation present? Field Observations: Depth (inches): Thin Muck Surface (C7) N Water table present?Yes No X Depth (inches): X *Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. **Location: PL = Pore Lining, M = Matrix Indicators of wetland hydrology present? Coast Prairie Redox (A16) (LRR K, L, R) Dark Surface (S7) (LRR K, L) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Indicators for Problematic Hydric Soils: Other (explain in remarks) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Secondary Indicators (minimum of two required) Yes US Army Corps of Engineers Midwest Region Project/Site: Slope (%): Are climatic/hydrologic conditions of the site typical for this time of the year?(If no, explain in remarks) Are vegetation , soil significantly disturbed? Are vegetation , soil naturally problematic? SUMMARY OF FINDINGS Hydrophytic vegetation present? Hydric soil present?Is the sampled area within a wetland? Indicators of wetland hydrology present? Remarks: (Explain alternative procedures here or in a separate report.) Dominance Test Worksheet ) 1 (A) 2 3 (B) 4 5 (A/B) =Total Cover Sapling/Shrub stratum )Prevalence Index Worksheet 1 Total % Cover of: 2 OBL species x 1 = 3 FACW species x 2 = 4 FAC species x 3 = 5 FACU species x 4 = =Total Cover UPL species x 5 = Herb stratum )Column totals (A)(B) 1 Prevalence Index = B/A = 2 3 Hydrophytic Vegetation Indicators: 4 Rapid test for hydrophytic vegetation 5 X Dominance test is >50% 6 X Prevalence index is ≤3.0* 7 8 9 10 =Total Cover Woody vine stratum ) 1 2 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Investigator(s):A.Cameron, K.Uhler Landform (hillslope, terrace, etc.): Applicant/Owner:Augusta Development State: Depression Section, Township, Range: Soil Map Unit Name: Y Kingsley-Mahtomedi-Spencer Complex (Non-Hydric)NWI Classification: 0 - 2 Lat:Long:Datum: X Y Y VEGETATION -- Use scientific names of plants. Are "normal circumstances" present? Yes Absolute % Cover30 ft Radius If yes, optional wetland site ID: Precipitation from Gridded Database Method typical. 30-day precipitation rolling total slightly wetter than the normal range. Soil disturbed due to historic excavation in this location. Y Salix nigra 15 Y OBL Dominant Species Indicator Staus 15 15 100 300 0 2.74 115 315 Problematic hydrophytic vegetation* (explain) 0 0 Poa pratensis 100 Y FAC (Plot size:5 ft Radius Y 0 Apple Valley Golf Course Hydrophytic vegetation present? (Plot size:30 ft Radius 100 (Plot size:15 ft Radius Tree Stratum (Plot size: 0 0 Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) Y 2 2 0 0 100.00% Number of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: Percent of Dominant Species that are OBL, FACW, or FAC: 15 WETLAND DETERMINATION DATA FORM - Midwest Region City/County:Apple Valley/Dakota Sampling Date: *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 6/27/2018 Sampling Point:SP2-1WMN Local relief (concave, convex, none):Concave S:20 T:115N R:20W (If needed, explain any answers in remarks.) PUBGx , or hydrology , or hydrology US Amy Corps of Engineers Midwest Region Iron-Manganese Masses (F12) (LRR K, L, R) Very Shallow Dark Surface (TF12) X Aquatic Fauna (B13) X True Aquatic Plants (B14) X Hydrogen Sulfide Odor (C1) Presence of Reduced Iron (C4) X X Sampling Point:SP2-1W Depth (Inches) Matrix Redox Features Texture RemarksColor (moist)%Color (moist)%Type*Loc** 0-6 10YR 2/1 100 Clay Loam 6-24 10YR 2/1 98 10YR 4/6 2 C M Clay Loam Remarks: Water-Stained Leaves (B9) Oxidized Rhizospheres on Living Roots (C3) Drainage Patterns (B10) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depleted Matrix (F3) Loamy Gleyed Matrix (F2) Gauge or Well Data (D9) Other (Explain in Remarks) Hydric Soil Indicators: Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Remarks: Type: Sandy Mucky Mineral (S1) YHydric soil present? Dry-Season Water Table (C2) Water Marks (B1)Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Depth (inches): Sediment Deposits (B2) SOIL Wetland Hydrology Indicators: Saturation (A3) HYDROLOGY Surface Water (A1)Surface Soil Cracks (B6) High Water Table (A2) 2 cm Muck (A10) 5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Histisol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Primary Indicators (minimum of one is required; check all that apply) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) No X Recent Iron Reduction in Tilled Soils (C6) Algal Mat or Crust (B4) Depth (inches): FAC-Neutral Test (D5) Iron Deposits (B5) Drift Deposits (B3) (includes capillary fringe) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface (B8) Surface water present? Yes X NoSaturation present? Field Observations: Depth (inches): Thin Muck Surface (C7) Y Water table present?Yes X No Depth (inches):5 0 *Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. **Location: PL = Pore Lining, M = Matrix Indicators of wetland hydrology present? Coast Prairie Redox (A16) (LRR K, L, R) Dark Surface (S7) (LRR K, L) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Indicators for Problematic Hydric Soils: Other (explain in remarks) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Secondary Indicators (minimum of two required) Yes 24-30 10YR 5/1 95 10YR 4/6 5 C M Sandy Clay Loam US Army Corps of Engineers Midwest Region Project/Site: Slope (%): Are climatic/hydrologic conditions of the site typical for this time of the year?(If no, explain in remarks) Are vegetation , soil significantly disturbed? Are vegetation , soil naturally problematic? SUMMARY OF FINDINGS Hydrophytic vegetation present? Hydric soil present?Is the sampled area within a wetland? Indicators of wetland hydrology present? Remarks: (Explain alternative procedures here or in a separate report.) Dominance Test Worksheet ) 1 (A) 2 3 (B) 4 5 (A/B) =Total Cover Sapling/Shrub stratum )Prevalence Index Worksheet 1 Total % Cover of: 2 OBL species x 1 = 3 FACW species x 2 = 4 FAC species x 3 = 5 FACU species x 4 = =Total Cover UPL species x 5 = Herb stratum )Column totals (A)(B) 1 Prevalence Index = B/A = 2 3 Hydrophytic Vegetation Indicators: 4 Rapid test for hydrophytic vegetation 5 Dominance test is >50% 6 Prevalence index is ≤3.0* 7 8 9 10 =Total Cover Woody vine stratum ) 1 2 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Investigator(s):A.Cameron, K.Uhler Landform (hillslope, terrace, etc.): Applicant/Owner:Augusta Development State: Hillslope Section, Township, Range: Soil Map Unit Name: Y Kingsley-Mahtomedi-Spencer Complex (Non-Hydric)NWI Classification: 4 - 6 Lat:Long:Datum: X N N VEGETATION -- Use scientific names of plants. Are "normal circumstances" present? Yes Absolute % Cover30 ft Radius If yes, optional wetland site ID: Precipitation from Gridded Database Method typical. 30-day precipitation rolling total slightly wetter than the normal range. Soil disturbed due to historic fill in this location. N Acer saccharum 20 Y FACU Dominant Species Indicator Staus 0 0 100 300 0 3.17 120 380 Problematic hydrophytic vegetation* (explain) 0 0 Poa pratensis 100 Y FAC (Plot size:5 ft Radius N 0 Apple Valley Golf Course Hydrophytic vegetation present? (Plot size:30 ft Radius 100 (Plot size:15 ft Radius Tree Stratum (Plot size: 0 0 Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) N 2 1 20 80 50.00% Number of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: Percent of Dominant Species that are OBL, FACW, or FAC: 20 WETLAND DETERMINATION DATA FORM - Midwest Region City/County:Apple Valley/Dakota Sampling Date: *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 6/27/2018 Sampling Point:SP3-1UMN Local relief (concave, convex, none):Linear S:20 T:115N R:20W (If needed, explain any answers in remarks.) None , or hydrology , or hydrology US Amy Corps of Engineers Midwest Region Iron-Manganese Masses (F12) (LRR K, L, R) Very Shallow Dark Surface (TF12) Aquatic Fauna (B13) True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Presence of Reduced Iron (C4) Sampling Point:SP3-1U Depth (Inches) Matrix Redox Features Texture RemarksColor (moist)%Color (moist)%Type*Loc** 0-8 10YR 3/2 100 Loam 8-24 10YR 3/2 96 10YR 4/6 2 C M Clay Loam Remarks: Water-Stained Leaves (B9) Oxidized Rhizospheres on Living Roots (C3) Drainage Patterns (B10) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depleted Matrix (F3) Loamy Gleyed Matrix (F2) Gauge or Well Data (D9) Other (Explain in Remarks) Hydric Soil Indicators: Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Remarks: Type: Sandy Mucky Mineral (S1) NHydric soil present? Dry-Season Water Table (C2) Water Marks (B1)Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Depth (inches): Sediment Deposits (B2) SOIL Wetland Hydrology Indicators: Saturation (A3) HYDROLOGY Surface Water (A1)Surface Soil Cracks (B6) High Water Table (A2) 2 cm Muck (A10) 5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Histisol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Primary Indicators (minimum of one is required; check all that apply) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) No X Recent Iron Reduction in Tilled Soils (C6) Algal Mat or Crust (B4) Depth (inches): FAC-Neutral Test (D5) Iron Deposits (B5) Drift Deposits (B3) (includes capillary fringe) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface (B8) Surface water present? Yes NoSaturation present? Field Observations: Depth (inches): Thin Muck Surface (C7) N Water table present?Yes No X Depth (inches): X *Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. **Location: PL = Pore Lining, M = Matrix Indicators of wetland hydrology present? Coast Prairie Redox (A16) (LRR K, L, R) Dark Surface (S7) (LRR K, L) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Indicators for Problematic Hydric Soils: Other (explain in remarks) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Secondary Indicators (minimum of two required) Yes 10YR 6/1 2 D M Clay Loam US Army Corps of Engineers Midwest Region Project/Site: Slope (%): Are climatic/hydrologic conditions of the site typical for this time of the year?(If no, explain in remarks) Are vegetation , soil significantly disturbed? Are vegetation , soil naturally problematic? SUMMARY OF FINDINGS Hydrophytic vegetation present? Hydric soil present?Is the sampled area within a wetland? Indicators of wetland hydrology present? Remarks: (Explain alternative procedures here or in a separate report.) Dominance Test Worksheet ) 1 (A) 2 3 (B) 4 5 (A/B) =Total Cover Sapling/Shrub stratum )Prevalence Index Worksheet 1 Total % Cover of: 2 OBL species x 1 = 3 FACW species x 2 = 4 FAC species x 3 = 5 FACU species x 4 = =Total Cover UPL species x 5 = Herb stratum )Column totals (A)(B) 1 Prevalence Index = B/A = 2 3 Hydrophytic Vegetation Indicators: 4 Rapid test for hydrophytic vegetation 5 X Dominance test is >50% 6 X Prevalence index is ≤3.0* 7 8 9 10 =Total Cover Woody vine stratum ) 1 2 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Investigator(s):A.Cameron, K.Uhler Landform (hillslope, terrace, etc.): Applicant/Owner:Augusta Development State: Depression Section, Township, Range: Soil Map Unit Name: Y Kingsley-Mahtomedi-Spencer Complex (Non-Hydric)NWI Classification: 0 - 2 Lat:Long:Datum: X Y Y VEGETATION -- Use scientific names of plants. Are "normal circumstances" present? Yes Absolute % Cover30 ft Radius Wetland 3If yes, optional wetland site ID: Precipitation from Gridded Database Method typical. 30-day precipitation rolling total slightly wetter than the normal range. Soil disturbed due to historic excavation in this location. Y Dominant Species Indicator Staus 10 10 80 240 0 2.74 95 260 Problematic hydrophytic vegetation* (explain) 0 0 Poa pratensis 80 Y FAC (Plot size:5 ft Radius Sagittaria latifolia 10 N OBL Phalaris arundinacea 5 N Y 0 Apple Valley Golf Course Hydrophytic vegetation present? (Plot size:30 ft Radius 95 (Plot size:15 ft Radius Tree Stratum (Plot size: FACW 5 10 Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) Y 1 1 0 0 100.00% Number of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: Percent of Dominant Species that are OBL, FACW, or FAC: 0 WETLAND DETERMINATION DATA FORM - Midwest Region City/County:Apple Valley/Dakota Sampling Date: *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 6/27/2018 Sampling Point:SP3-1WMN Local relief (concave, convex, none):Concave S:20 T:115N R:20W (If needed, explain any answers in remarks.) PUBGx , or hydrology , or hydrology US Amy Corps of Engineers Midwest Region Iron-Manganese Masses (F12) (LRR K, L, R) Very Shallow Dark Surface (TF12) X Aquatic Fauna (B13) X True Aquatic Plants (B14) X Hydrogen Sulfide Odor (C1) Presence of Reduced Iron (C4) X X Sampling Point:SP3-1W Depth (Inches) Matrix Redox Features Texture RemarksColor (moist)%Color (moist)%Type*Loc** 0-20 10YR 2/1 85 10YR 4/6 10 C M Clay Loam 10YR 5/2 5 D M Clay Loam 10YR 2/1 10 Clay Loam Remarks: Water-Stained Leaves (B9) Oxidized Rhizospheres on Living Roots (C3) Drainage Patterns (B10) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depleted Matrix (F3) Loamy Gleyed Matrix (F2) Gauge or Well Data (D9) Other (Explain in Remarks) Hydric Soil Indicators: Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Remarks: Type: Sandy Mucky Mineral (S1) YHydric soil present? Dry-Season Water Table (C2) Water Marks (B1)Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Depth (inches): Sediment Deposits (B2) SOIL Wetland Hydrology Indicators: Saturation (A3) HYDROLOGY Surface Water (A1)Surface Soil Cracks (B6) High Water Table (A2) 2 cm Muck (A10) 5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Histisol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Primary Indicators (minimum of one is required; check all that apply) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) No X Recent Iron Reduction in Tilled Soils (C6) Algal Mat or Crust (B4) Depth (inches): FAC-Neutral Test (D5) Iron Deposits (B5) Drift Deposits (B3) (includes capillary fringe) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface (B8) Surface water present? Yes X NoSaturation present? Field Observations: Depth (inches): Thin Muck Surface (C7) Y Water table present?Yes X No Depth (inches):6 0 *Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. **Location: PL = Pore Lining, M = Matrix Indicators of wetland hydrology present? Coast Prairie Redox (A16) (LRR K, L, R) Dark Surface (S7) (LRR K, L) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Indicators for Problematic Hydric Soils: Other (explain in remarks) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Secondary Indicators (minimum of two required) Yes 20-24 10YR 6/1 90 Clay Loam US Army Corps of Engineers Midwest Region Apple Valley Golf Course Wetland Delineation Report Appendix B: Precipitation Information Apple Valley Golf Course, Apple Valley MN: Precipitation Summary Source: Minnesota Climatology Working Group Monthly Totals: 2018 Target: T115 R20 S20 mon year cc tttN rrW ss nnnn oooooooo pre (inches) Jan 2018 19 115N 20W 25 SWCD 2.06 Feb 2018 19 115N 20W 25 SWCD 1.60 Mar 2018 19 115N 20W 25 SWCD 1.90 Apr 2018 19 115N 20W 25 SWCD 3.81 May 2018 70 115N 21W 16 SWCD 3.75 Jun 2018 70 115N 21W 16 SWCD 4.58 Jul 2018 66 112N 22W 35 SWCD 4.05 April / May / June Daily Records May 1, 2018 0 May 2, 2018 .61 May 3, 2018 0 May 4, 2018 T May 5, 2018 0 May 6, 2018 .45 May 7, 2018 0 May 8, 2018 .07 May 9, 2018 .61 May 10, 2018 T May 11, 2018 0 May 12, 2018 T May 13, 2018 .03 May 14, 2018 T May 15, 2018 .14 May 16, 2018 0 May 17, 2018 0 May 18, 2018 0 May 19, 2018 .08 May 20, 2018 0 May 21, 2018 0 May 22, 2018 0 May 23, 2018 0 May 24, 2018 0 May 25, 2018 .84 May 26, 2018 .03 May 27, 2018 0 May 28, 2018 0 May 29, 2018 T May 30, 2018 .88 May 31, 2018 .01 1981-2010 Summary Statistics Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec WARM ANN WAT 30% 0.55 0.51 1.41 2.07 2.88 3.70 2.81 3.81 2.00 1.34 1.11 0.60 18.28 30.80 28.96 70% 1.20 1.02 2.26 3.10 4.43 5.41 4.55 6.07 4.11 3.43 2.12 1.40 23.22 35.59 36.00 mean 0.93 0.80 1.96 2.72 3.80 4.56 4.19 4.88 3.39 2.61 1.80 1.23 20.81 32.85 32.67 Jun 1, 2018 0 Jun 2, 2018 .14 Jun 3, 2018 T Jun 4, 2018 0 Jun 5, 2018 0 Jun 6, 2018 .19 Jun 7, 2018 T Jun 8, 2018 .08 Jun 9, 2018 .50 Jun 10, 2018 .04 Jun 11, 2018 T Jun 12, 2018 .06 Jun 13, 2018 0 Jun 14, 2018 0 Jun 15, 2018 T Jun 16, 2018 - Jun 17, 2018 .28 Jun 18, 2018 1.98 Jun 19, 2018 .64 Jun 20, 2018 .09 Jun 21, 2018 0 Jun 22, 2018 0 Jun 23, 2018 0 Jun 24, 2018 - Jun 25, 2018 - Jun 26, 2018 - Jun 27, 2018 .58 Jun 28, 2018 0 Jun 29, 2018 0 Jun 30, 2018 0 Apr 1, 2018 0 Apr 2, 2018 0 Apr 3, 2018 .36 Apr 4, 2018 .51 Apr 5, 2018 0 Apr 6, 2018 0 Apr 7, 2018 0 Apr 8, 2018 0 Apr 9, 2018 .15 Apr 10, 2018 0 Apr 11, 2018 0 Apr 12, 2018 .02 Apr 13, 2018 0 Apr 14, 2018 1.03 Apr 15, 2018 1.43 Apr 16, 2018 .29 Apr 17, 2018 0 Apr 18, 2018 0 Apr 19, 2018 0 Apr 20, 2018 0 Apr 21, 2018 0 Apr 22, 2018 0 Apr 23, 2018 0 Apr 24, 2018 0 Apr 25, 2018 0 Apr 26, 2018 0 Apr 27, 2018 0 Apr 28, 2018 0 Apr 29, 2018 0 Apr 30, 2018 .02 7/22/2018 Precipitation Documentation Worksheet Using Gridded Database http://climateapps.dnr.state.mn.us/gridded_data/precip/wetland/worksheet.asp?passXutm83=480364&passYutm83=4955621&passcounty=Dakota&pa…1/1 Minnesota State Climatology Office State Climatology Office - DNR Division of Ecological and Water Resources     University of Minnesota home | current conditions | journal | past data | summaries | agriculture | other sites | about us Precipitation Worksheet Using Gridded Database Precipitation data for target wetland location: county: Dakota township number: 115N township name: Lebanon range number: 20W nearest community: Burnsville section number: 20 Aerial photograph or site visit date: Wednesday, June 27, 2018 Score using 1981-2010 normal period values are in inches A 'R' following a monthly total indicates a provisional value derived from radar-based estimates. first prior month: May 2018 second prior month: April 2018 third prior month: March 2018 estimated precipitation total for this location:4.06R 2.31R 1.45R there is a 30% chance this location will have less than:2.88 2.07 1.41 there is a 30% chance this location will have more than:4.43 3.10 2.26 type of month: dry normal wet normal normal normal monthly score 3 * 2 = 6 2 * 2 = 4 1 * 2 = 2 multi-month score: 6 to 9 (dry) 10 to 14 (normal) 15 to 18 (wet)12 (Normal) Other Resources: retrieve daily precipitation data view radar-based precipitation estimates view weekly precipitation maps Evaluating Antecedent Precipitation Conditions (BWSR) 0 1 2 3 4 5 6 7 8 3/29/18 4/13/18 4/28/18 5/13/18 5/28/18 6/12/18 6/27/18Daily and monthly total precipitation (inches) monthly precip daily precip 30d rolling total Site Visit Climate Conditions Apple Valley Golf Course, Apple Valley MN Site Visit: 6/27/2018 normal precip range Apple Valley Golf Course Wetland Delineation Report Appendix C: Joint Application Form for Activities Affecting Water Resources in Minnesota I T E M: 4.K. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution Reauthorizing Final P lat of Village at Founders Circle 2nd A ddition S taff Contact: K athy Bodmer, A I C P, Planner Department / Division: Community Development Department Applicant: Dakota County Community Development Agency P roject Number: P C18-28-F Applicant Date: 8/30/2018 60 Days: 10/29/2018 120 Days: 12/28/2018 AC T I O N RE Q UE S T E D: Adopt the resolution reauthorizing the final plat of Village at Founders Circle 2nd Addition. S UM M ARY: T he C ity C ouncil approved the final plat, development agreement, and associated development documents for the Village at Founders C ircle 2nd Addition at its meeting of November 24, 2015, as noted in Resolution No. 2015-149. T he 4.78-acre lot is located on the southeast corner of 153rd Street and Garrett Ave, south of Founders Lane. T he documents were executed between the Dakota C ounty Community Development Agency (C D A), property owner, and the C ity of Apple Valley. However, the plat was never formally recorded at the Dakota County Recorder's Office. T he C D A is now ready to move forward to record the final plat. T he Dakota County staff required that the plat go through a new C ounty plat review process before the plat could be recorded. T he final plat was revised slightly during the C ounty's review. As a result, the C ity of A pple Valley is requiring a review and reauthorization of the revised final plat to ensure it is consistent with the plat approved in 2015. T he proposed modifications to the plat are minor. T he C D A does not have a project pending, but wishes to begin discussions with developers. T he C D A states that based on the market, the C D A plans to sell the property to an affordable housing developer to develop the site based on the ratios agreed to in the predevelopment agreement. B AC K G RO UND: T he final plat is consistent with the plat approved in 2015. B UD G E T I M PAC T: T he existing Predevelopment A greement states the C D A will provide $150,000 in park dedication funds. In addition, the C D A will also contribute $150,000 towards the cost of the construction of a plaza and trailhead along Founders Lane on its property. A Trail and Plaza Easement was obtained in 2015 for the new trailhead. T he Predevelopment Agreement also states the C ity will install and pay for the missing sidewalk on Garrett Avenue between Founders Lane and the sidewalk’s current terminus on City property to the south. AT TAC HM E NT S : L ocation Map Resolution F inal Plat Resolution Development Agreement SITE 152ND ST W FOLIAGE AVEGALAXIE AVE153RD ST W GARRETT AVE155TH ST W FORTINO ST FOUNDERS LNGALANTE LNGABELLA ST 154TH ST W FLIGHT WAYFROST PATHFONTANA TRLGALLIVANT PLFLOWER WAYFOUNDERS LANE FLORIST CIR FRSCOTERRACE153RD ST W Dakota County GIS VILLAGE AT FOUNDERSCIRCLE 2ND ADDITION µ LOCATION MAP ^ CITY OF APPLE VALLEY RESOLUTION NO. 2018-___ REAUTHORIZE FINAL PLAT APPROVAL VILLAGE AT FOUNDERS CIRCLE 2ND ADDITION WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held a public hearing on an application for subdivision of land by plat on July 15, 2015; and WHEREAS, the City Planning Commission found the preliminary plat to be in conformance with the standards of Chapter 153 of the City Code and recommended its approval on July 15, 2015, which was subsequently approved by the City Council on August 13, 2015; and WHEREAS, the City Council approved the final plat, subdivision agreement and associated development documents detailing the installation of the required improvements in the subdivision and the method of payment therefore as documented in Resolution No. 2015-149; and WHEREAS, the final plat was approved by the City of Apple Valley, but mylar copies of the plat were never signed by the City and the plat was never recorded at the Dakota County Recorder’s Office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the final plat for the following described plat of land is hereby approved and the Mayor and City Clerk are authorized to sign the same, to wit: VILLAGE AT FOUNDERS CIRCLE 2ND ADDITION BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said plat shall be filed with the Dakota County Recorder within sixty (60) days of the certified release from the City offices or such approval shall be null and void. ADOPTED this 27th day of September, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council and the final plat described therein is hereby released for recording with the Dakota County Recorder this _____ day of __________________, ______. ____________________________________ Pamela J. Gackstetter, City Clerk CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CITY OF APPLE VALLEY RESOLUTION NO. 2015-149 F1NAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL VILLAGE AT FOUNDERS CIRCLE 2ND ADDITION WHEREAS,pursuant to Minnesota Statutes 462.358,the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and WHEREAS,pursuant to Chapter 153 of the City Code,the City Planning Commission held a public hearing on an application for subdivision of land by plat on July 15, 2015; and WHEREAS,the City Planning Commission found the preliminary plat to be in conformance with the standards of Chapter 153 of the City Code and recommended its approval on July 15,2015, which was subsequently approved by the City Council on August 13, 2015; and WHEREAS,pursuant to Chapter 153 of the City Code, a subdivision agreement between the applicant and the City detailing the installation of the required improvements in the subdivision and the method of payment therefore has been prepared; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that the subdivision agreement and final plat for the following described plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the same,to wit: VILLAGE AT FOUNDERS CIRCLE 2ND ADDITION BE IT FURTHER RESOLVED,pursuant to Chapter 153 of the City Code,that said plat shall be filed with the Dakota County Recorder within sixty(60) days of the certified release from the City offices or such approval shall be null and void. ADOPTED this 24th day of November, 2015. Mar and, ayor ATTEST: Ot/'YVI R_ Pamela J. Gac etter, City Clerk CERTIFICATE As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council and the final plat described therein is hereby released for recording with the Dakota County Recorder this day of Pamela J. Gackstetter, City Clerk 2 I T E M: 4.L . C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving W ings Financial B uilding Signs S taff Contact: B en P ierson, Code Compliance S pecialist Department / Division: Community Development Department Applicant: W ings Financial P roject Number: Applicant Date: 8/15/2018 60 Days: 10/15/2018 120 Days: 12/14/2018 AC T I O N RE Q UE S T E D: Adopt resolution approving the proposed building sign application with conditions based on the following findings: 1. T he 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 and do not exceed 2 square feet of copy area per 1000 square feet of finished building area. 3. T he proposed signs are not located upon the same side of the building. 4. T he proposed signs are identical in all respects. 5. T he proposed signs do not extend above the highest outside wall or below the fourth floor of the building. 6. T he proposed signs do not extend across more than 40% of the width of the side of the building upon which it is located. And in accordance with the following conditions: 1. T he signage is subject to C ity Ordinances addressing lighting and maintenance standards. 2. T he signs shall be installed in accordance with the elevation plans dated August 27, 2018. 3. A separate electrical permit shall be obtained for lighting associated with the proposed signs. S UM M ARY: Wings Financial, located at 15025 Glazier Avenue, requests review and approval for two lighted building signs above the first floor on the north and south faces of the building. One already existing sign on the south face will be modified to be consistent with the sign proposed for the north. Approval will be for a new sign proposed on the north side of the building and a proposed modification to the existing sign on the south side of the building that will make both signs identical. § 154.04(C ) states that: 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: Wings Financial, 15025 Glazier Avenue, is requesting two lighted building signs above the first floor on a multi-story building four stories tall. T he sign code only allows for such signage following review and approval by the Planning C ommission and City C ouncil. T his request is to allow two lighted building signs above the first floor on the north and south faces of the building. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Background Material Report Resolution Location –15025 Glazier Avenue Location –15025 Glazier Avenure Zoning Site Layout Existing Site Conditions –(View from north) Proposed Signage Location –View from north Proposed Sign location Proposed Sign Location –View from south Proposed Sign Location Ground View –From 147th Street W Proposed Sign Location Ground View –From Glazier Avenue Proposed Sign Location Proposed Sign Elevations –South 103 Square Feet Proposed Sign Elevations -North Wings Financial – Building Sign Review & Approval PROJECT REVIEW Existing Conditions Property Location: 15025 Glazier Avenue Legal Description: APPLE VALLEY COMMONS 2ND ADDITION 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: 4.68 Acres Topography: Existing Vegetation Developed parcel. Other Significant Natural Features Landscaping Adjacent Properties/Land Uses NORTH Apple Valley Commons I Comprehensive Plan C - Commercial Zoning/Land Use RB – Retail Business SOUTH Apple Valley License Bureau 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 Credit Union 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. CITY OF APPLE VALLEY RESOLUTION NO. 2018 -___ A RESOLUTION APPROVING PLANS FOR WINGS FINANCIAL 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 north and south face of the building located at 15025 Glazier Avenue; and WHEREAS, the Apple Valley Planning Commission reviewed the plans at a public meeting held on September 5, 2018; and made the following determinations: 1. The building where the proposed signs are to be located is 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 August 15, 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 August 15th, 2018. 3. A separate electrical permit shall be obtained for lighting associated with the proposed signs. 2 ADOPTED this 27th day of September, 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:September 27, 2018 S E C T I O N:Consent A genda Description: A pprove Agreement with Waste Management of MN, I nc., for City of A pple Valley Residential Fall Clean-Up Day (F urniture and Remodeling Debris Collection) S taff Contact: Charles Grawe, A ssistant City A dministrator Department / Division: Administration / I nformation Technologies AC T I O N RE Q UE S T E D: Approve agreement with Waste Management of MN, Inc., for C ity of Apple Valley Residential Fall Clean-Up Day (furniture and remodeling debris collection). S UM M ARY: T his item was approved at a previous meeting using a different operating name for the vendor. After the meeting when the previous operating name was approved, the vendor wanted to change the name of its entity in the agreement. T his aligns the Council approval with the legal name to be used on the agreement. T he City conducts an annual Fall Clean-up Day, offering residents an opportunity to dispose of larger refuse and recyclable items at a centralized location for a reasonable fee. T he City contracts for haulers to take the refuse and recyclables. B AC K G RO UND: T he City holds the Clean-up Day to encourage residents to keep their property maintained and orderly, providing a convenient means for residents to properly dispose of larger refuse items and collect recyclable items for recycling. T he C ity contracts for haulers to accept these materials. T he Agreement uses the C ity's standard agreement form with an exhibit of the rates for material by volume. T his year's Fall C lean-up Day will take place on Saturday, September 29, from 8:00 a.m. to 1:00 p.m. in the Apple Valley Family Aquatic Center parking lot. B UD G E T I M PAC T: T he City collects disposal fees from the residents and the City pays the contractor using the collected fees. T his is a pass-through cost and does not have a budgetary impact on the C ity. I T E M: 4.N. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A pprove Acceptance and Final P ayment on Agreement with Nordic Services, I nc., for P roject 2018-135, Well 5 Air Conditioner I nstallation S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Approve acceptance and final payment on agreement with N ordic Services, Inc., for Project 2018-135, Well 5 Air Conditioner Installation, in the amount of $15,525.00. S UM M ARY: Nordic Services, Inc., has completed the installation on the air conditioning equipment for Well 5. T he air conditioner is performing as anticipated, maintaining appropriate temperatures for the natural gas engine. B AC K G RO UND: On April 12, 2018, the City Council approved the agreement with Nordic Services, Inc., for the air conditioner installation. B UD G E T I M PAC T: Funding for this project is included in the Public Works Utilities Division operating budget; Water 5520-6735. AT TAC HM E NT S : F inal Pay Documents I T E M: 4.O. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Consent A genda Description: A mend Personnel Policy Manual 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 amendment to Personnel Policy Manual to include addition of Health C are Savings Plan (HC SP) policy, and direct staff to prepare updated document incorporating the policy. S UM M ARY: Staff recommends approving amendment of the Personnel Policy Manual to include a Health Care Savings Plan (HC SP) policy applicable to department heads (Schedule III employees and exempt employees reporting directly to the C ity Administrator). T he policy will require contributions to a HC SP account, consisting of unused annual leave hours upon separation from employment and/or salary contributions each pay period. B AC K G RO UND: T he Health C are Savings Plan (HC SP) is administered by Minnesota State Retirement System (MS RS). T he HC S P is an employer-sponsored program that allows employees to invest in a tax-free medical savings account while employed by a Minnesota public employer. T he HC SP is designed specifically to address future healthcare-related costs of employees after separation from employment. T he HC S P allows employees, as a defined group, to designate pre-tax compensation to pre-fund eligible post-employment expenses. Minnesota Statute authorizes MSRS to offer this program to governmental employees in Minnesota including city, state, county, school districts, and governmental subdivisions. Participation in the HC SP is mandatory for all employees in a defined group by C ity policy for non-represented employees, or through collective bargaining for represented employees. LELS Local No. 71 representing Police Officers and LELS Local No. 243 representing Police Sergeants are currently participating in the HC SP. T here is no cost to the C ity to participate in the HC S P. A ccount fees are established by MSRS and are paid from the employee’s HC SP account. At this time, staff recommends amending the Personnel Policy Manual to include a HC SP policy applicable to department heads. C ontributions to the HC S P will consist of accrued, unused annual leave hours upon separation from employment (which would otherwise be paid out in taxable cash to the employee) and/or salary contributions each pay period. As the C ity sees fit, additional employee groups could be included in the future, and those groups could have a different contribution methodology. B UD G E T I M PAC T: No costs to the C ity. Some savings will be realized in reduced employment taxes, as contributions to the HC SP are tax-free. I T E M: 4.P. C O UNC I L ME E T I NG D AT E:September 27, 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 September 27, 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) Anne Brumm Accept Retirement Accounting Clerk Part-Time, Regular 5005 1/11/2019 Caleb Ditmarsan Hire Maintenance I Casual, Seasonal 5105 $ 12.16 Hourly SM1 9/12/2018 Mark Hurley Acting Assignment Acting Fleet Mechanic Full-Time, Regular 1530 $ 31.08 Hourly UFM 9/17/2018 John Jaeger Hire Maintenance I Casual, Seasonal 1710 $ 12.16 Hourly SM1 9/10/2018 Ahmed Omer Accept Resignation Civil Engineer Full-Time, Regular 1510 9/14/2018 Nicole Pawek Rehire Facility Attendant Casual, Variable 1800 $ 11.30 Hourly C-01 9/20/2018 Andy Proshek Acting Assignment Acting Working Foreman Full-Time, Regular 1530 $ 32.87 Hourly UMW 9/17/2018 Jeff Reiten Acting Assignment Acting Public Works Supervisor Full-Time, Regular 1530 $ 80,000.00 Annual 190E 9/15/2018 Penny Stewart Transfer Division/Department Specialist Full-Time, Regular 1020 $ 29.83 Hourly 130 10/1/2018 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:September 27, 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 September 5, 2018 and September 12, 2018, in the amounts of $194,218.19 and $1,343,730.91, 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:September 27, 2018 S E C T I O N:Regular A genda Description: P roclaim October 7 through 13, 2018, as "F ire P revention Week" and Authorize Activities P lanned at F ire S tations S taff Contact: Chuck Russell, A cting F ire Chief Department / Division: Fire Department AC T I O N RE Q UE S T E D: Proclaim October 7 through 13, 2018, as "Fire Prevention Week" and authorize activities planned at Fire Stations. S UM M ARY: Annually, the National Fire Protection Association (N FPA) along with fire departments nationwide recognize and participate in Fire Prevention Week commemorating the Great Chicago Fire of 1871. Fire Prevention Week 2018 will be observed October 7 through 13, 2018. T his year's educational message is "Look. Listen. Learn. Be aware. Fire can happen anywhere." B AC K G RO UND: An element of the Fire Department's mission is to provide community risk reduction through fire prevention education. T hroughout the year Firefighters teach life safety messages, especially during Fire Prevention Week. Every Fire Prevention Week Firefighters bring fire prevention education to each grade level at the elementary schools and assist with fire drills at every school throughout the C ity. Firefighters also host open houses at each of the three fire stations educating the community on fire safety. Open houses will take place from 6-9 p.m. on Tuesday, October 9, at Fire Station 1; 6-9 p.m. on Wednesday, October 10, at Fire Station 2; and 6-9 p.m. on T hursday, October 11, at Fire Station 3. T he public is invited to attend the open houses. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Proclamation Presentation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, public safety is a top priority in Apple Valley; and WHEREAS, safety from fire is important to both citizens and local firefighters, who put their lives on the line with every response to fire; and WHEREAS, residents of Apple Valley must take action to prevent fires and to protect themselves if fire strikes; and WHEREAS, awareness of simple safety practices can help lower our injury rates and prevent deaths; and WHEREAS, working smoke alarms, carbon monoxide detectors and a home fire escape plan and regular drills are essential for every household in Apple Valley; and WHEREAS, Apple Valley is joining the National Fire Protection Association (NFPA) in teaching lifesaving messages in conjunction with Fire Prevention Week; and WHEREAS, the Fire Prevention week 2018 theme, “Look. Listen. Learn. Be Aware. Fire can happen anywhere.” is an important reminder for all citizens of Apple Valley. NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby proclaims the week of October 7-13, 2018, as: “FIRE PREVENTION WEEK” This week is commemorated across North America and is supported by the public safety efforts of the fire departments, schools, and other safety advocates in conjunction with the NFPA. FURTHER, we call upon the citizens of Apple Valley to remember the Fire Prevention Week 2018 message, “Look. Listen. Learn. Be Aware. Fire can happen anywhere.” and urge all citizens to heed the advice, to install smoke alarms, to test them, and to plan and practice fire escape drills. PROCLAIMED this 27th day of September, 2018. ______________________________ Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk 9/26/2018 1 Tuesday, October 9th ~ 6:00 p.m. – 9:00 p.m. Station 1 – located at 15000 Hayes Road Wednesday, October 10th ~ 6:00 p.m. – 9:00 p.m. Station 2 – located at 13995 Galaxie Avenue Thursday, October 11th ~ 6:00 p.m. – 9:00 p.m. Station 3 – located at 14195 Essex Avenue For more information visit www.applevalleyfire.org or call us at 952-953-2600 I T E M: 5.B. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Regular A genda Description: P roclaim October 1 - 7, 2018, as "Minnesota Manufacturing Week" in A pple Valley S taff Contact: Charles Grawe, A ssistant City A dministrator Department / Division: Administration / I nformation Technologies AC T I O N RE Q UE S T E D: Proclaim October 1 - 7, 2018, as "Minnesota Manufacturing Week" in Apple Valley. S UM M ARY: Manufacturing plays a vital role in Apple Valley's economy, providing employment for residents and contributing greatly to the fabric of the community. Staff recommends proclaiming October 1 through October 7, 2018, as “Minnesota Manufacturing Week” in honor and recognition of those manufacturers located in the C ity of Apple Valley. 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 : Proclamation Presentation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, manufacturing is a dynamic and robust industry, crucial to the health and strength of Minnesota’s diverse economy; and, WHEREAS, the manufacturing industry contributed $49.2 billion to Minnesota’s economy in 2017, and at 16 percent, is the largest sector contributing to the state’s private gross domestic product; and, WHEREAS, in 2017, workers took home $21 billion in wages from Minnesota manufacturing jobs, the second-highest amount among the state’s business sectors; and, WHEREAS, manufactured exports brought $19 billion into the Minnesota economy in 2017; and, WHEREAS, manufacturing provides 319,000 highly skilled, well-paying jobs, which significantly contribute to Minnesota’s high standard of living and economic vitality; and, WHEREAS, manufacturing in Minnesota pays an average annual wage of $65,728, which is 16 percent higher than the state’s overall average wage; and, WHEREAS, the City of Apple Valley supports our local manufacturers that create jobs, boost our local economy and preserve our neighborhoods, ranging from the 2018 Manufacturer of the Year award winner Uponor, to multi-generational family-owned Abdallah Candies, to recent entrepreneurial start-up Brown Box Tees, and value-added manufacturer McCormick Computer Resale. NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby proclaims the week of October 1 to October 7, 2018 as “Minnesota Manufacturing Week” in Apple Valley. PROCLAIMED this 27th day of September, 2018. _________________________________ ATTEST: Mary Hamann-Roland, Mayor ____________________________________ Pamela J. Gackstetter, City Clerk 9/28/2018 1 Proclamation October 1 -7, 2018, as “Minnesota Manufacturing Week” City Council Meeting September 27, 2018 9/28/2018 2 Abdallah Candies McCormick Computer Resale and Repair 9/28/2018 3 Brown Box Tees 9/28/2018 1 9/28/2018 2 9/28/2018 3 I T E M: 7. C O UNC I L ME E T I NG D AT E:September 27, 2018 S E C T I O N:Calendar of Upcoming Events Description: A pprove Calendar of Upcoming E vents S taff Contact: S tephanie Marschall, Deputy City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the C ity Council. S UM M ARY: Day/Date Time L ocation Ev ent Tue./Sep. 25 6:00 p.m.Municipal C enter Urban Affairs Advisory Committee Meeting - C A N C ELLED Wed./Sep. 26 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting T hur./Sep. 27 6:00 p.m.Municipal C enter ED A Meeting - C A N C ELLED T hur./Sep. 27 5:30 p.m.Municipal C enter Special Informal City C ouncil Meeting T hur./Sep. 27 7:00 p.m.Municipal C enter Regular C ity Council Meeting * Fri./Sep. 28 2:00-3:30 p.m.Municipal C enter J ohn Bermel Retirement Celebration Fri./Sep. 28 4:00-9:00 p.m.Kelley Park Oktoberfest Sat./Sep. 29 8:00 a.m.-1:00 p.m. Family Aquatic C enter Residential Fall Clean-Up Day Tue./Oct. 2 7:30-9:00 a.m.Dunn Bros.Chamber Coffee C onnection Wed./Oct. 3 7:00 p.m.Municipal C enter Planning C ommission Meeting Tue./Oct. 9 6:00-9:00 p.m.Fire Station No. 1 Fire Prevention Week Open House Wed./Oct. 10 6:00-9:00 p.m.Fire Station No. 2 Fire Prevention Week Open House T hur./Oct. 11 5:30 p.m.Municipal C enter Informal City C ouncil Meeting T hur./Oct. 11 6:00-9:00 p.m.Fire Station No. 3 Fire Prevention Week Open House T hur./Oct. 11 7:00 p.m.Municipal C enter Regular C ity Council Meeting * Tue./Oct. 16 2:00 p.m.Municipal C enter Cemetery Advisory Committee Meeting Wed./Oct. 17 7:00 p.m.Municipal C enter Planning C ommission Meeting Tue./Oct. 23 6:00 p.m.Municipal C enter Urban Affairs Advisory Committee Meeting Wed./Oct. 24 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting T hur./Oct. 25 7:00 p.m.Municipal C enter Regular C ity Council Meeting * B AC K G RO UND: Each event is hereby deemed a Special Meeting of the C ity Council, the purpose being informational or social gathering. Only events marked with an asterisk (*) will any action of the Council take place. B UD G E T I M PAC T: N/A