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HomeMy WebLinkAbout03/14/2019 Meeting                           ! 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C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:I nf ormal Agenda I tem Description: P resentation of K elley Park Master P lan (30 min.) S taff Contact: B arry B ernstein, Director of Parks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: Confluence, Inc., Project Manager Terry Minarik has developed and is prepared to present t h e Kelley Park Master Plan. T he Plan includes concepts based on input received at community meetings as well as from city staff and officials. B AC K G RO UND : Confluence, Inc., was retained in J une 2018 to evaluate the design, as well as the function of Kelley Park, and to create a proposed Master Plan to help guide future investments in this significant city amenity. After gathering feedback from interested stakeholders during the last several months, including the joint C ity Council/Parks and Recreation Advisory Committee discussion in December, C onfluence, Inc., has created a proposed Plan. Mr. Minarik is prepared to present their recommendations to C ity C ouncil. B UD G E T I M PAC T: A project funding source has not yet been identified. AT TAC HM E NT S: Exhibit I T E M: 3. C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:I nf ormal Agenda I tem Description: Discuss S treetscape Options f or Ring Route (35 min.) S taff Contact: Matt Saam, P ublic Works Director D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: N/A S UM M ARY: As a follow-up to the November 15, 2018 informal meeting where representatives from SRF, the C ity’s consultant for the 147th Street and Glazier Avenue Improvements project, provided several streetscape options to the C ity Council, staff and S RF have worked on narrowing down the options for further C ouncil consideration. A ttached are figures showing the remaining options. A summary of some the main options for C ouncil’s consideration include: T hree streetscape themes for furnishings, fencing and light poles. Match existing red theme All black theme Black theme with red-accent on portions of the top fence rail T hree streetlight options with night-time renderings. Low (15-foot) pedestrian level lighting Mid (22-foot) level lighting C ombination high/low (25-foot/15-foot) level lighting Staff and S RF are looking for feedback from the C ouncil to finalize a preferred option for a future streetscape theme along the Ring Route. B AC K G RO UND : At the N ovember 15, 2018 informal meeting, the City C ouncil was presented with various streetscape options for 147th Street. On J une 14, 2018, the City Council adopted a resolution authorizing the preparation of a feasibility study for Project 2019-106, 147th Street W. and Glazier Avenue Intersection Improvements. Part of the study work includes streetscape improvements along 147th Street W., within the C ity’s Ring Route area. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material Background Material 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 1RING ROUTE CONTEXT MAPH:\Projects\11000\11854\CAD_BIM\Graphics\11854_ExistingConditions.dwg : 11X17 (2)Job #11854 10/22/2018 - 12:35PM 147th District Existing Streetscape ConditionsApple Valley, MN Figure 1 NORTHGLAZIER AVEGLAZIER AVE CR 42 150TH ST CR 42 150TH STCR 42 150TH ST 153RD ST 153RD ST 153RD ST 152ND ST KELLY PARK CENTRAL VILLAGE SOUTHPORT TIME SQUARE FISCHER MARKET PLACE FOUNDERS LNCEDAR AVEGARRETT AVEPENNCOCK AVEGALAXIE AVEFOLIAGE AVE147TH ST W 147TH ST W 147TH ST W NEW CEDAR AVE ORNAMENTAL INTERSECTION FENCE MONUMENTS NEW CEDAR AVE ORNAMENTAL INTERSECTION FENCE MONUMENTS ORNAMENTAL INTERSECTION FENCE MONUMENTS NEED TO BE REFURBISHED RED LIGHT FIXTURES CONTINUE WEST ON 147TH ST ON SOUTH/ EAST SIDE TO 150TH ST (CR 42) RING ROUTE STREETSCAPE ELEMENTS CONTINUE THROUGHOUT THE CENTRAL VILLAGE AREA ORNAMENTAL INTERSECTION FENCE MONUMENTS NEED TO BE REFURBISHED H:\Projects\11000\11854\CAD_BIM\Graphics\11854_ExistingConditions.dwg : 11X17 (2)Job #11854 10/22/2018 - 12:35PM 147th District Existing Streetscape Conditions Apple Valley, MN Figure 1147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 2147TH STREET CONTEXT MAPH:\Projects\11000\11854\CAD_BIM\Graphics\11854_ExistingConditions.dwg : 11X17 (2)Job #11854 10/22/2018 - 12:35PM 147th District Existing Streetscape ConditionsApple Valley, MN Figure 1 NORTHGLAZIER AVEGLAZIER AVECEDAR AVEGALAXIE AVE147TH ST W PHASE 1 PROJECT APPLE VALLEY PROFESSIONAL BLDG APPLE VALLEY OFFICE CENTER RYAN OFFICE BLDG WINGS FINANCIAL H:\Projects\11000\11854\CAD_BIM\Graphics\11854_ExistingConditions.dwg : 11X17Job #11854 10/19/2018 - 2:54PM 147th and Glazier Roundabout Existing Streetscape Conditions Apple Valley, MN Figure 1147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 3147TH STREET EXISTING CONDITIONS ±17’ WIDE SIDEWALK TREE SPACING ±26’ DIAGONAL STYLE SQUARE TREE GRATES STREET TREES IN VARIED CONDITION STREET TREES PLANTED WITH CEDAR AVE. CONSTRUCTION RE-CONSTRUCTED SIDEWALK AS PART OF CEDAR AVE. PROJECT NEW CEDAR AVE ORNAMENTAL FENCE MONUMENT BENCH AND TRASH RECEPTACLE POST TOP ACORN LIGHT FENCE AT THE BACK OF WALK NO FENCE AT THE BACK OF WALK APPLE VALLEY PROFESSIONAL BLDG APPLE VALLEY OFFICE CENTER RYAN OFFICE BLDG WINGS FINANCIAL H:\Projects\11000\11854\CAD_BIM\Graphics\11854_ExistingConditions.dwg : 11X17Job #11854 10/19/2018 - 2:54PM 147th and Glazier Roundabout Existing Streetscape ConditionsApple Valley, MN Figure 1 NORTHGLAZIER AVECEDAR AVE147TH ST W GLAZIER AVE±87’±53’ 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 4 EXISTING (147TH STREET AND GALAXIE AVE) 147TH STREET WOOD SLAT TRASH RECEPTACLE 147TH STREET WOOD SLAT BENCH 147TH STREET RED FENCE AND BRICK COLUMNS 147TH STREET DIAGONAL TREE GRATE & STAMPED CONCRETE PAVEMENT EXISTING PAVING PATTERN ALONG 147TH STREET147TH STREET POST TOP LIGHT WITH BANNER ARM ±26’ TREE SPACING ±26’ COLUMN SPACING RED FENCE BRICK COLUMN TRASH RECEPTACLE BENCH 147TH STREET GALAXIE AVE PICKET FENCE AND BRICK COLUMNS GALAXIE AVE CROSSWALK AND INTERSECTION 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 5 ALTERNATE A (MATCH EXISTING CEDAR AVE.) BENCH INTERSECTION ORNAMENTAL FENCE OPEN TREE PLANTING AT BACK OF SIDEWALK ±30’ TREE SPACINGOPEN TREE PLANTING CEDAR AVE. CURVED ARM WITH TEAR DROP LIGHT TRASH RECEPTACLE EXISTING PAVING PATTERN ALONG ADJACENT CEDAR AVE. ORNAMENTAL PICKET FENCE BIG BLOCK RETAINING WALL TALL ORNAMENTAL FENCE 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 6 ALTERNATE A STREETSCAPE PLAN/ELEVATION 35’ COLUMN SPACING 66” HEIGHT END COLUMNS AT INTERSECTIONS CURVED ACCENT FENCE VICTOR STANLEY SILVER METAL BENCH AND TRASH RECEPTACLE, SEE FIGURE 5 48” HEIGHT COLUMNS 5’ COLORED CONCRETE BAND 5’ COLORED CONCRETE BAND 10’ COLORED CONCRETE BAND 15’ COLORED CONCRETE BAND 2’ COLORED CONCRETE BAND 10’ STANDARD CONCRETE WALK 35’ TREE SPACING LIGHTTREE GRATE BLACK METAL FENCE 48” HEIGHT COLUMNS AT DRIVEWAYS 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS Consulting Group, Inc. FIGURE 7CITY OF APPLE VALLEY \\ 03/01/19 ALTERNATE B CURVED ARM WITH TEAR DROP LIGHT VICTOR STANLEY - SIDE ACCESS TRASH RECEPTACLE METAL BOLLARD - SILVER STRIPEGEOMETRIC DESIGN TREE GRATE LANDSCAPE FORMS - CURVED STEEL BENCH 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 8 ALTERNATE B STREETSCAPE PLAN/ELEVATION 35’ COLUMN SPACING 66” HEIGHT END COLUMNS AT INTERSECTIONS CURVED ACCENT FENCE BLACK METAL LANDSCAPE FORMS BENCH AND VICTOR STANLEY TRASH RECEPTACLE, SEE FIGURE 7 48” HEIGHT COLUMNS 5’ STANDARD CONCRETE ENHANCED SCORING BAND 2.5’ STANDARD CONCRETE ENHANCED SCORING BAND 10.5’ STANDARD CONCRETE WALK 35’ TREE SPACING BLACK METAL FENCE LIGHTTREE GRATE, SEE FIGURE 7 48” HEIGHT COLUMNS AT DRIVEWAYS LANDSCAPE FORMS- FLARED TRASH RECEPTACLE METAL BOLLARD - BLACK STRIPERADIAL STYLE TREE GRATE VICTOR STANLEY - TRADITIONAL STYLE BENCH 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS Consulting Group, Inc. FIGURE 9CITY OF APPLE VALLEY \\ 03/01/19 ALTERNATE C CURVED ARM WITH TEAR DROP LIGHT 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 10 ALTERNATE C STREETSCAPE PLAN/ELEVATION 35’ COLUMN SPACING 66” HEIGHT END COLUMNS AT INTERSECTIONS CURVED ACCENT FENCE WITH RED TOP RAILS SEE FIGURE 11 APPLE VALLEY LOGO BLACK METAL VICTOR STANLEY BENCH AND LANDSCAPE FORMS TRASH RECEPTACLE, SEE FIGURE 9 48” HEIGHT COLUMNS 5’ COLORED CONCRETE BAND WITH ENHANCED SCORING 2.5’ COLORED CONCRETE BAND WITH ENHANCED SCORING 10.5’ STANDARD CONCRETE WALK 35’ TREE SPACING BLACK METAL FENCE LIGHTTREE GRATE, SEE FIGURE 9 48” HEIGHT COLUMNS AT DRIVEWAYS 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 11 66” HEIGHT END COLUMN RED FENCE ACCENT APPLE VALLEY LOGO VICTOR STANLEY BLACK METAL BENCH, SEE FIGURE 9 48” HEIGHT COLUMN ALTERNATIVE C END OF FENCE DETAIL 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 12 340 SHEET OF SHEET NAME:DISCIPLINE: NO. DATE DRAWN REVISION / SUBMITTALCHECK DESIGN LANDSCAPE ARCH CIVIL - VOLUME 9 339 W0-LAN-DTLA - 006 LANDSCAPE DETAILS 6 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. (MICHAEL P. MCGARVEY) DATE:LIC. NO.:01/05/17 26216 0 01/12/2017 SCJ MPM MPM ISSUED FOR BID 340 SHEET OF SHEET NAME:DISCIPLINE: NO. DATE DRAWN REVISION / SUBMITTALCHECK DESIGN LANDSCAPE ARCH CIVIL - VOLUME 9 339 W0-LAN-DTLA - 006 LANDSCAPE DETAILS 6 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. (MICHAEL P. MCGARVEY) DATE:LIC. NO.:01/05/17 26216 0 01/12/2017 SCJ MPM MPM ISSUED FOR BID GREEN DESIGN ELEMENTS 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 13 BRANDING LIGHT POLE WITH BANNER AND FLAG CITY LOGO LIGHT POLE ENHANCEMENT WITH BANNER LIGHT POLE WITH BANNER AND FLOWER BASKET LIGHT POLE WITH CEDAR AVE ENHANCEMENT 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 14 15’ PEDESTRIAN LEVEL LIGHTING 147TH STREET LIGHTING 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 15 15’ PEDESTRIAN LEVEL LIGHTING AT NIGHT 147TH STREET LIGHTING 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 16 22’ MID LEVEL LIGHTING 147TH STREET LIGHTING 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 17 22’ MID LEVEL LIGHTING AT NIGHT 147TH STREET LIGHTING 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 18 25’ HIGH/ 15’ LOW LEVEL LIGHTING 147TH STREET LIGHTING 147TH STREET AND GLAZIER AVE STREETSCAPE ELEMENTS CITY OF APPLE VALLEY \\ 03/01/19Consulting Group, Inc. FIGURE 19 25’ HIGH/ 15’ LOW LEVEL LIGHTING AT NIGHT 147TH STREET LIGHTING I T E M: 4.A . C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: A pprove Minutes of F ebruary 28, 2019, Regular Meeting S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the minutes of the regular meeting of February 28, 2019. S UM M ARY: T he minutes from the last regular C ity Council meeting are attached for your review and approval. B AC K G RO UND : State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Minutes CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2019 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 28, 2019, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, City Engineer Anderson, Parks and Recreation Director Bernstein, Police Captain Dahlstrom, 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, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Boy Scouts Isaac Van Arnem, Stuart Milne, and Andrew Seppelt from Troop 293. COBBLESTONE LAKE SIGN VARIANCES MOTION: of Grendahl, seconded by Hooppaw, tabling consideration of the request for two sign variances regarding height and setback from a residential building on property at 15899 Elmhurst Lane to March 14, 2019. Ayes - 5 - Nays - 0. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, approving the agenda for tonight’s meeting, as amended. Ayes - 5 - Nays - 0. Councilmember Bergman commented on the brightness and visibility of the monument sign at Fire Station 1. Acting Fire Chief Russell said the Fire Department is new to electronic message boards and they will continue to fine tune how the messages look. Mayor Hamann-Roland asked that the messages on the sign not be distracting to drivers and to keep it simple. AUDIENCE Mr. Tyler Williams, Galaxie Library Branch Manager, gave an update on library services and on the recent improvements at the library. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2019 Page 2 Mayor Hamann-Roland asked if anyone else was present to address the Council, at this time, on any item not on this meeting’s agenda. There were no requests. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of 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 February 14, 2019, as written. Ayes - 4 - Nays - 0 - Abstain - 1 (Hamann- Roland). MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2019-19 designating Dakota County Tribune as the official newspaper of the City of Apple Valley for the remainder of 2019. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, receiving the Cemetery Advisory Committee’s 2018 annual report. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, continuing consideration of the appeal of the Zoning Administrator’s ruling that Residential Use is not a permitted use on property zoned “BP” (Business Park) for property located at 5751 150th Street West (CSAH 42) until April 25, 2019. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, waiving the procedure for a second reading and passing Ordinance No. 1055 amending Chapter 51 of the City Code adding Section 51.66 – Septic Tank Maintenance: Inspection and Pumping Requirements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Design Agreement with Pulte Homes of Minnesota, LLC, for design services of public infrastructure relating to proposed Project 2018-170, The Shores, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement with Pro-Tec Design, Inc., for Central Maintenance Facility Security Camera System in the amount of $26,418.22, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement with Pro-Tec Design, Inc., for Valleywood Security Camera System in the amount of CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2019 Page 3 $21,234.96, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, authorizing submittal of Minnesota Investment Fund (MIF) Amendment No. 1 for Grant Agreement for Uponor NA, Inc., to allow for a 60-day extension, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving final payment of Minnesota Investment Fund (MIF) 1 upon receipt and acceptance of final reporting documents, as described in the Planner/Economic Development Specialist’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, accepting Project 2019-112, 2019 Ash Tree Removals, as complete and authorizing final payment on the agreement with Birch Tree Care, in the amount of $59,024.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, accepting Fire Station 1 Digital LED Monument Sign, as complete and authorizing final payment on the agreement with Schad Tracy Signs, Inc., in the amount of $19,040.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated February 28, 2019. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, to pay the claims and bills, check registers dated February 6, 2019, in the amount of $485,113.76, and February 14, 2019, in the amount of $2,129,155.26. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA BEYOND THE YELLOW RIBBON COMMUNITY PROGRAM Mr. Chellsen, President of the Apple Valley Beyond the Yellow Ribbon Network, recognized all its Board and Committee Members. Jay Peterson, Glenn Sonne, Curt Martinson, Bill Tschohl, Tom Lawell, and Dick Geiger from the organization were present. He also recognized the work of Boy Scouts Isaac Van Arnem, Stuart Milne, and Andrew Seppelt who assist the veterans in a variety of ways. He then provided a brief history of the Beyond the Yellow Ribbon program and services provided to veterans in Apple Valley in 2018 as well as their plans for 2019. Mr. Chellsen encouraged community members to get involved. The Mayor thanked their organization for making a difference in people’s lives. TIME SQUARE SHOPPING CENTER – PORTILLO’S Mr. Sharpe reviewed the request by Interstate Development Corp for approval of a design agreement, final plat and development agreement, Conditional Use Permit, variances, and a site CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2019 Page 4 plan review/building permit authorization to construct an 8,300 sq. ft. restaurant with a drive- through window in an “RB” (Retail Business) zoning district. The property is located on the northwest corner of Cedar Avenue and CSAH 42. The Planning Commission voted unanimously to recommend approval of this project. Discussion followed. MOTION: of Goodwin, seconded by Grendahl, approving the Design Agreement for Cedar Retail Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-20 approving the final plat and Development Agreement for Cedar Retail Addition, subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2019-21 approving a Conditional Use Permit to allow a drive-through lane in conjunction with a Class-II Restaurant on Lot 3, Block 1, Cedar Retail Addition (7530 149th Street W.), for Portillo’s, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2019-22 approving a 2 ft. parking stall depth variance (from 20 ft. to 18 ft.) on Lot 2, Block 1, Cedar Retail Addition, as recommended by the Planning Commission. Councilmember Goodwin said he appreciated seeing the slide showing the comparison of parking stall depths in various cities. He is more comfortable with the reduction in stall depth after seeing what other cities have. Vote was taken on the motion: Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2019-23 approving a 2 ft. parking stall depth variance (from 20 ft. to 18 ft.) on Lot 3, Block 1, Cedar Retail Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-24 approving an 11.5 ft. side setback variance (from 15 ft. to 3.5 ft.) on Lot 2, Block 1, Cedar Retail Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2019-25 approving the site plan and authorizing issuance of a building permit to allow construction of a 7,700 sq. ft. restaurant with a drive-through lane on Lot 3, Block 1, Cedar Retail CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2019 Page 5 Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-26 approving the site plan and authorizing issuance of a building permit for an existing structure on Lot 2, Block 1, Cedar Retail Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Lonnie Provencher, Interstate Development Corp., said he is wildly excited about this project. It is an extraordinary property, a great location, and a great City. Mr. Mark Matijasevich, 13688 Dunbar Way, said he was present to endorse the project. He thanked the City Council for approving the project and said he is very happy Portillo’s is coming to town. Ms. Peggy Hart, Portillo’s, stated the Portillo’s building was designed specifically for Apple Valley and they are excited to be part of this community. Mr. Provencher said they are hopeful the project will commence in April, adding that all components of the project will start at approximately the same time. Mayor Hamann-Roland welcomed them to Apple Valley. REAPPOINT EDA MEMBER, COMMISSIONERS, & COMMITTEE MEMBERS The Mayor extended thanks to all Commissioners and Committee Members for their valuable services, adding the Council could not do the work it does without these committees. Ms. Gackstetter reviewed her memo regarding the reappointment of an Economic Development Authority Member, Commissioners, and Committee Members with terms expiring March 1, 2018. She noted all members have indicated their interest in serving an additional term. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2019-27 reappointing Thomas Melander to the Economic Development Authority for a term expiring March 1, 2025; No. 2019-28 reappointing Tanya Grawe and Jay Hoekstra to the Cemetery Advisory Committee for a term expiring March 1, 2022; No. 2019- 29 reappointing Josh Gaffke and Noel Hammill to the Parks and Recreation Advisory Committee for a term expiring March 1, 2022; No. 2019-30 reappointing Tim Burke and Paul Scanlan to the Planning Commission for a term expiring March 1, 2022; No. 2019-31 reappointing Jerry Brown and Carson Turnquist to the Telecommunications Advisory Committee for a term expiring March 1, 2022; No. 2019-32 reappointing Linda Dolan, Matt Saam, and Joe Shaw to the Traffic Safety Advisory Committee for a term expiring March 1, 2022; and No. 2019-33 reappointing Linda Blake, Sandy Breuer, and Walton Mahlum to the Urban Affairs Advisory Committee for a term expiring March 1, 2022. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2019 Page 6 COMMUNICATIONS Mayor Hamann-Roland thanked all those involved in keeping the roads and sidewalks safe for residents. Councilmember Bergman reminded residents to clear the snow away from fire hydrants and not to park on the streets during snowplow operations. Mayor Hamann-Roland announced the City’s official newspaper is now the Dakota County Tribune. Mr. Lawell reminded residents of the vacancies on the Urban Affairs Advisory Committee and Parks and Recreation Advisory Committee and encouraged those interested to apply. He then announced the City’s tree/shrub sale is currently underway, adding that Apple Valley has been a Tree City USA member for 35 years. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:12 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:March 14, 2019 S E C T I O N:C onsent Agenda Description: A dopt Resolution Accepting Donation of G if t Cards from W illiam S wanstrom for Use by P ublic Works and P ark Maintenance D ivisions S taff Contact: Tom L awell, City Administrator D epartment / D ivision: A dministration Department AC T I O N RE Q UE S T E D: Adopt the resolution accepting the donation of $100.00 in gift cards from William Swanstrom for use by Public Works and Park Maintenance Divisions. S UM M ARY: William Swanstrom has donated $100 in C aribou C offee gift cards to the C ity in appreciation for the snow removal efforts carried out by the Public Works and Park Maintenance Divisions this winter. Attached please find a proposed resolution accepting the donation from Mr. Swanstrom and thanking him for his generosity. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution CITY OF APPLE VALLEY RESOLUTION NO. 2019- 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, William Swanstrom has donated $100 in Caribou Gift Cards to the City in appreciation of the snow removal efforts performed by the Public Works and Parks Maintenance Divisions this winter; 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 formally accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks Mr. Swanstrom for his gracious donation. ADOPTED this 14th day of March, 2019. ___________________________________ 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:March 14, 2019 S E C T I O N:C onsent Agenda Description: A pprove S tate Gambling E xempt Permit for B V United S occer Club, at Apple Valley Teen Center, 14255 J ohnny Cake Ridge Road, on J une 22, 2019 S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve issuance of a lawful gambling exempt permit, by the State Gambling C ontrol Board, to BV United Soccer Club, for use on J une 22, 2019, at the Apple Valley Teen Center, 14255 J ohnny C ake Ridge Road, and waiving any waiting period for State approval. S UM M ARY: BV United Soccer C lub, submitted an application for a gambling event to be held at the Apple Valley Teen Center, 14255 J ohnny C ake Ridge Road, on J une 22, 2019. T he application is on file should you wish to review it. B AC K G RO UND : Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar year, for qualified nonprofit organizations, are issued by the State G ambling C ontrol Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. B UD G E T I M PAC T: N/A I T E M: 4.D. C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: A pprove S tate Gambling E xempt Permit for Minnesota Section A merican Water Works A ssociation, at B ogart's E ntertainment C enter, 14917 Garrett Avenue, on April 13, 2019 S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve issuance of a lawful gambling exempt permit, by the State Gambling C ontrol Board, to Minnesota Section American Water Works Association, for use on April 13, 2019, at Bogart's Entertainment C enter, 14917 G arrett Avenue, and waiving any waiting period for State approval. S UM M ARY: Minnesota Section American Water Works A ssociation, submitted an application for a gambling event to be held at Bogart's Entertainment C enter, 14917 Garrett Avenue, on April 13, 2019. T he application is on file should you wish to review it. B AC K G RO UND : Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar year, for qualified nonprofit organizations, are issued by the State G ambling C ontrol Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. B UD G E T I M PAC T: N/A I T E M: 4.E . C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: A pprove L etter of S upport for Preferred Option Two f or Minnesota A f ter US D A Deregulation of E merald A sh B orer S taff Contact: J essica Schaum, Natural Resources Coordinator D epartment / D ivision: Natural R esources Division AC T I O N RE Q UE S T E D: Approve letter of support for Preferred O ption Two for Minnesota after USD A deregulation of Emerald A sh Borer. S UM M ARY: T he invasive insect emerald ash borer (EA B) has unfortunately spread from the Midwest to the Atlantic O cean, killing millions of ash trees. T he United States Department of Agriculture (US D A) has proposed deregulation of the pest, meaning the national quarantine program, compliance agreements, site visits, and investigating suspected violations would sunset. Should the federal deregulation of EA B take place, the Minnesota Department of Agriculture (MD A) has proposed three different options for continued regulations and management within Minnesota to slow the spread of the pest. Minnesota still has hope for managing the spread with combined pro-active approaches. Of the three options presented by the MD A, the City and many forestry advocacy organizations prefer Option Two of the attached background material. Option Two allows the MD A to continue a firewood quarantine program statewide. A Letter of Support from the City will assist the MD A in deciding which Option to select when the federal deregulation takes place. C urrently the US D A is reviewing comments received during an open comment period last fall. T he MD A has their own comment period for Minnesota options open through March 22, 2019. B AC K G RO UND : Emerald ash borer (EA B) has been regulated by the United States Department of Agriculture (USD A) since 2002 when it was discovered in southeastern Michigan. A s of September 2018, EA B has been found in 35 of the 48 continental states and the area federally regulated for EA B includes most of the native range of ash in the United States. (Please see attached map.) Due to the widespread infestation, the USD A has proposed to cease all regulatory efforts for EA B, and consequently there would be no prohibition on the movement of any items potentially carrying EA B to any part of Minnesota. Emerald ash borer also has been regulated by the MD A since 2009 when it was discovered on the Minnesota / Wisconsin border. As of September 2018, EA B can be found in 17 of Minnesota’s 87 counties (16%). T he areas of the state that have not yet been affected by EA B include some of the densest concentration of forestland ash in North America. In addition, EA B has only been found in 63 of Minnesota’s 853 cities (7%). B UD G E T I M PAC T: N/A AT TAC HM E NT S: Map Background Material L etter ! !!!! ! ! !! ! !!! ! ! ! ! ! ! ! ! ! !! ! !! !! ! ! ! ! ! ! !! ! !!! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! !!! ! ! ! ! !! !!! !! ! ! ! ! ! ! !!! ! ! ! ! ! ! !! ! ! ! ! ! ! ! !! ! ! ! !! ! !! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !!! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!! !! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! !! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! !!!! !! ! !! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! !! ! ! ! !!! ! ! ! ! !! ! ! !! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !!!! ! ! ! ! ! !! ! ! ! ! !! !!! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! !! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !!!!! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !! ! ! !! ! ! !! !! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! !! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !! !!! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! !! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 3 Ash species dist ribution m ap source: USDA , Fores t Serv ice, F orest Healt h As sess ment & A pplied Scienc es T eam (FH AAS T). Data s ources: USDA/APH IS/PPQ,USDA Forest Service& c ooperatorsupdated February 2019map by dbopp 0 250 500125Mile s Map facts -Approximate ar ea of CO NUS as h range : 4693100 km2 -Area of U.S. Federal quar antine:2252226 km2 -Total ar ea of c ounties where EAB is present:1478492 km2 0 350 700175Ki lome ters Map Key Appr oximate range of ash Poten tial ur ban ash locat ions As h d istri but ion Federal EAB quar anti ne boundaries !Initial county EA B dete ction Uni ted States Department ofAgriculture DISCLAIMER: Thes e da ta, a nd all the information co nt ained t he rein,have been collec ted b y t he U.S . Department of Ag ric ult u re's An imal and P lant Health I ns pe ct ion Service (AP HIS), or by its coope rators o n AP HIS ’ b eh alf , for res trict ed g overnment purpo ses only and is the sole property of AP HI S. Dat a may be disse minate d on a need-to-kno w basis only and mus t be used f or the ir int ende d gov ern ment p urp os e(s ). All in formation con tained within these d ata a re subjec t t o required Federal safe gu ards and s hall on ly b e sh are d an d/or used cons is te nt w it h the Trade S ec ret s Act [18 U .S.C. 1 905], t he Priva cy Act of 1974, as ame nded [5 U.S.C. 55 2a], the Freedom o f Information Ac t [5 U.S .C. 552], th e co nfidentia lit y provisio ns o f the Food Security Ac t of 1985 [7 U.S.C . 2276], Se ct ion 161 9 of the Food, Cons erv at ion, and Energy A ct of 2 00 8 [7 U.S.C. 8 79 1], a nd other ap plic ab le F ederal laws a nd imp lemen ting regu latio ns, as we ll as with the con fid ent iality o r n on-disclosure p rov isions of any ot he r agreem ent ent ered into betwee n A PH IS and a coope rator. February 1, 201 9Cooperative E mera ld As h Bo rer Proj ec tApproximate ran ge of as h spe cies in the Cont iguo us U.S. wit h EAB posit ive s and Fe deral quarant ines Link t o FHAA ST s pecies dis tribution m aps:htt p://forest health.f s.usda.gov/hos t/ Options for Minnesota After USDA Deregulation of Emerald Ash Borer Prepared by Minnesota Department of Agriculture, September , 2018 Background Emerald ash borer has been regulated by the USDA since 2002 when it was discovered in southeastern Michigan. As of September 2018, emerald ash borer can be found in 35 of the 48 continental states (73%) and the area federally regulated for emerald ash borer includes most of the native range of ash in the U.S. Emerald ash borer has been regulated by the MDA since 2009 when it was discovered on the Minnesota / Wisconsin border. As of September 2018, emerald ash borer can be found in 17 of Minnesota’s 87 counties (16%) and the areas of the state that have not yet been affected by emerald ash borer include some of the densest concentration of forestland ash in North America. In addition, emerald ash borer has only been found in 63 of Minnesota’s 853 cities (7%). The MDA has an active reporting system for emerald ash borer. The MDA provides EAB identification training to tree care providers and other natural resource professionals on a yearly basis. These individuals and other citizens are able to make reports of EAB through a variety of ways (mobile app, email, phone) which the MDA then follows up on to confirm or refute. All areas where EAB is confirmed are added to the MDA’s online EAB map within 24 hours. The map also uses an algorithm to buffer these finds and delineate areas as generally infested. The MDA, along with partners at the University of Minnesota and Forest Service, have also done extensive research on monitoring methods for emerald ash borer and have promoted what has been learned to communities and other stakeholders in Minnesota to encourage surveillance and reporting of EAB. The ultimate result is that Minnesota has a relatively robust surveillance system for an insect that is not easy to find at low densities. Broadly speaking there are three options for the MDA if emerald ash borer is deregulated by the USDA. Option 1: Maintain the status quo Compared to the national scale, EAB has reached relatively little of Minnesota’s ash resource. As a result it may be in the best interest of Minnesota to maintain regulations on EAB at the state level despite the lack of federal regulation. In this scenario, the EAB quarantine as it currently exists would be maintained. However, without a federal quarantine, the USDA would no longer regulate the interstate movement of EAB regulated articles. With the USDA no longer performing this function, the MDA would need to step in to prevent the import of articles into Minnesota that could carry EAB into un-infested areas of Minnesota. The mechanism that MDA would use to do this would be an exterior quarantine which would require public notice and a comment period. The MDA currently maintains exterior quarantines related to mountain pine beetle and to thousand cankers disease of walnut. The lack of a federal quarantine would also mean that USDA would discontinue survey efforts for EAB. Without a federal survey supporting EAB absence in non-quarantined areas, there is a risk that other states and countries may not recognize these areas as free from EAB and may treat all parts of Minnesota as infested with EAB. This would diminish the value of maintaining a quarantine for industries moving regulated articles from currently un-infested areas. The level of monitoring needed to reassure these entities is not known at this time. Option 2: Create a new EAB regulatory program In this scenario, the MDA would continue to regulate EAB but with changes to the current regulations. For instance, there are some changes that could provide much of the benefit of the current program but with fewer constraints on the movement of materials. One such change would be to redefine the articles regulated for EAB. Currently, the articles regulated for emerald ash borer are: 1) Ash logs and lumber (excluding 4 cornered dimensional lumber) 2) Ash tree waste 3) Ash chips and mulch 4) All hardwood firewood (all hardwood firewood was included in federal and state regulations for EAB due to the inability of many users of firewood to discriminate between ash and other types of wood) These definitions could be edited to remove “All hardwood firewood” and broaden the ash logs and lumber to include any ash wood in any length, split or unsplit. This would reduce the regulated articles to only those that may actually move emerald ash borer. Although emerald ash borer has been documented to infest white fringe tree in Ohio, there is no risk of emerald ash borer infesting common non-ash firewood species such as oak, birch, maple, etc. This change would simplify emerald ash borer restrictions for firewood producers with the ability to exclude ash and aligns with the rules adapted by the Minnesota DNR for DNR managed lands to exclude ash firewood. Messaging around this change in regulations would emphasize that if in doubt, wood should be assumed to be ash and not moved. Also, the safest wood for consumers to use is MDA certified heat-treated firewood which should continue to be promoted as the best option for consumers. Another possible change would be to redefine the way that areas are regulated for EAB. Currently, emerald ash borer is regulated at the county level. This is a simple way to identify regulated areas. However, since infestations are not always found in the middle of a county, it is not a perfect way to define an infested area. For example, Wright County was quarantined after EAB was found in the Clearwater area. However, eastern Stearns County is much closer to the infestation and at greater risk than eastern Wright County. This change would rely on the MDA EAB online map to define areas regulated for EAB: www.mda.state.mn.us/eabstatus. It would be the responsibility of any entity moving articles regulated for EAB to insure the articles were not from an infested area. An opportunity for a new approach to EAB regulation unrelated to the current quarantine regulations is to transition the Tree Care Registry into a Tree Care Certification Program. This change would insure that tree care providers possess knowledge of best management practices to avoid spreading invasive species such as EAB. It would also provide the MDA with an opportunity to promote the importance of using a certified tree care service to the public. Some of the complications present in Option 1 also exist in Option 2. Again, an exterior quarantine would need to be put in place to replace the work previously done by USDA. Also, like in Option 1, it would need to be determined what level of monitoring would be required to have other states and countries recognize unregulated portions of Minnesota as free from EAB. Option 3: Complete deregulation In this scenario, the MDA would mirror USDA in ceasing all regulatory efforts for EAB and consequently there would be no prohibition on the movement of any items potentially carrying emerald ash borer to any part of the state. However, the MDA would continue efforts to track and report the distribution of EAB, establish and measure biological control efforts, and educate public and professional audiences on how to identify EAB as well as actions to slow its spread to new areas. The Tree Care Certification Program could also be pursued separate from any regulations related to EAB. In this scenario, all of Minnesota would be considered to be infested with EAB by others states and countries once regulatory activity ended. Celebrating 50 Golden Years City of Apple Valley 7100 147th Street W. Apple Valley, MN 55124 Phone 952.953.2500 Fax 952.953.2515 www.cityofapplevalley.org Home of the Minnesota Zoological Garden March 14, 2019 Mr. Mark Abrahamson Minnesota Department of Agriculture 625 Robert Street North St. Paul, MN 55101 Re: Letter of Support – City of Apple Valley Preference for Minnesota After USDA Deregulation of Emerald Ash Borer Dear Mr. Abrahamson: On behalf of the City of Apple Valley, this is a letter of support for the City’s preference for Option Two of the Proposed EAB Regulatory Changes for Minnesota. Option Two of the September 2018 document “Options for Minnesota After USDA Deregulation of Emerald Ash Borer” outlines the Minnesota Department of Agriculture (MDA) regulating emerald ash borer (EAB) statewide and redefines articles regulated for EAB. The City also supports maintaining a statewide quarantine on a County basis and an exterior quarantine for ash firewood entering from another state. The City has pro-actively been preparing for EAB for several years to help limit the devastation. At this time several known infestations are converging in Apple Valley. All neighboring cities also have confirmed EAB infestations. Leaders in Apple Valley recognize the urgent need to continue regulating quarantines and firewood by the MDA to further prevent the movement of these pests. The City of Apple Valley appreciates the ability to comment on proposed regulations moving forward. If you have any questions, please feel free to contact Natural Resources Coordinator Jessica Schaum at 952-953-2461 or by e-mail at: jschaum@cityofapplevalley.org. Sincerely, CITY OF APPLE VALLEY Mary Hamann-Roland Mayor C: Matt Saam, Public Works Director I T E M: 4.F. C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: Continue Consideration of Springs at C obblestone L ake Sign Setback and Height Variance Request, at 15899 E lmhurst L ane, to March 28, 2019 (Tabled from February 28, 2019) S taff Contact: T homas L ovelace, City P lanner D epartment / Division: C ommunity D evelopment Department Applicant: Continental 432 F und, L L C P roject Number: P C19-02-V Applicant Date: 1/22/2019 60 Days: 3/23/2019 120 Days: 5/22/2019 AC T I O N RE Q UE S T E D: A motion to continue the Springs at C obblestone Lake sign setback and height variance request to the March 28, 2019, C ity C ouncil meeting. S UM M ARY: Continental 423 Fund, LLC, has requested that consideration by the C ity C ouncil of height and setback variances for the Springs at C obblestone Lake multi-family residential monument sign at 15899 Elmhurst Lane, be continued to the March 28, 2019, C ity Council meeting. 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: C orrespondence I T E M: 4.G. C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: Waive S econd R eading and P ass Ordinance A mending Chapter 97 of the City Code R elated to Utility S ervice F acilities S taff Contact: Matt Saam, P ublic Works Director D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: Waive the second reading and pass the ordinance amending C hapter 97 of the C ity C ode related to aesthetic requirements for utility facilities within the public right-of-way. S UM M ARY: T he Federal C ommunications C ommission (FC C ) issued an order in December 2018 relating to new requirements and restrictions for cities in regulating the public right-of-way for small wireless facilities, also known as small cell sites. T he C ity had previously adopted ordinance revisions governing small cell sites but the new ruling by the F C C has necessitated an additional revision by the C ity. Specifically, the ruling and new ordinance revisions cover the following: 1. A pplication decision deadline by the City for approval/denial within 60-days for collocations and 90-days for new sites. 2. A esthetic standards to allow the C ity to ensure proposed facilities are compatible with existing streetscapes. T he FC C deadline for cities to adopt revised standards is April 15, 2019. B AC K G RO UND : On February 8, 2018, the C ity C ouncil passed ordinances amending C hapter 97 Regulating Small C ell Wireless Facilities in the Right-of-Way and C hapter 155 Regulating Zoning of Small C ell Wireless Facilities. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Ordinance Ordinance CITY OF APPLE VALLEY ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 97 OF THE CITY CODE REGARDING UTILITY SERVICE FACILITIES RIGHT-OF-WAY MANAGEMENT REGULATIONS The City Council of Apple Valley ordains: Section 1. Section 97.05 of the Apple Valley City Code is hereby amended to revise Section 97.05(C) to read as follows: §97.05 PERMIT REQUIREMENT. * * * * (C) Issuance of permit. (1) Except as otherwise provided herein for small wireless facility permits, Iif the applicant has satisfied the requirements of this Chapter, the city shall issue a permit within ninety (90) days of receiving a completed application, or shall provide written reasons for denial of the application if the city believes the requirements have not been satisfied, unless that time period is extended or tolled as specified in state law, (M. S. §237.163, Subd. 3c). If the city receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than 30 small wireless facilities, the city may extend the 90-day deadline by an additional 30 days. If the city elects to invoke this extension, it must inform in writing any applicant to whom the extension will be applied. For applications related to placement of small wireless facilities, the deadline for the City’s action on each application will be in accordance with FCC Rules and regulations. As in effect as of December 31, 2018, the City will review and act on an application for collocation of a small wireless facility on an existing support structure no later than 60 days from date of receipt of complete application and an application for placement of a small wireless facility on a new support structure no later than 90 days from date of receipt of complete application. If the applicant has satisfied the requirements of this Section, then a permit will be issued; otherwise the City shall provide written reasons for denial of the application. (2) The city may deny a permit for the following reasons: (a) The applicant failed to fully comply with the application requirements herein. (b) The city has initiated revocation of a prior permit issued under this chapter against the applicant. 2 (c) The applicant has violated within the past two years any requirements of this chapter. (d) The time schedule for the project will conflict or interfere with a community exhibition, celebration, festival, or any other similar community event in the area of the project. (e) The time schedule for the project conflicts with scheduled public improvement of the public right-of-way. (f) The proposed project violates a provision of this Code. (g) The proposed project is adverse to the public health, safety, and welfare by interfering with the safety and convenience of ordinary travel over the public right-of- way, or endangers the public right-of-way and its users based on one or more of the following factors: (1) The extent of public right-of-way area available; (2) The competing demands for the particular proposed area space in the public right-of-way; (3) The availability of other locations in the public right-of-way or in other public rights-of-way for the facility(s) or equipment of the permit applicant; (4) The applicability of an ordinance or other regulation that affects the location of a facility or equipment in the public right-of-way; (5) The applicant's prior compliance with the terms and conditions of its franchise, this section and other applicable ordinances and regulations; (6) The condition and age of the public right-of-way and the city's scheduled reconstruction thereof; and (7) The costs of disruption to the public and damage to the public right-of-way balanced against any benefits to the public served by an expansion into additional parts of the public right-of-way for facilities or equipment. (h) The facilities proposed to be placed or deployed shall meet all conditions of the permit as set forth elsewhere in this Chapter. Any denial of a right-of-way or small wireless facility permit must be made in writing and must set forth the basis for the denial. The city must notify the applicant in writing within three business days of the decision to deny or revoke a permit. If a permit application is denied, the applicant may cure the deficiencies identified by the city and resubmit its application. If the 3 applicant resubmits the application within 30 days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The city must approve or deny the revised application within 30 days after the revised application is submitted. (3) Permit applications that propose collocation of facilities on city-owned poles, buildings, or other structures owned or under the control of the city shall be authorized by the Council upon terms and conditions established by the Council. A wireless service provider that is granted authority to collocate small wireless facilities on wireless support structures owned or controlled by the city and located within the public roads or rights-of-way is required to enter into a standard small wireless facility collocation agreement, but not an individual license, franchise, or other similar agreement with the local government unit or any other entity. Any initial engineering survey and preparatory construction work associated with collocation must be paid by the cost causer in the form of a onetime, nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge to recover the costs associated with a proposed attachment. Section 2. Section 97.06 of the Apple Valley City Code is hereby amended to revise §97.06(Y) and add §97.06 (AA) to read as follows: §97.06 CONDITIONS OF PERMIT AND REGISTRATION * * * * (Y) Screening and Decorative Structures: The permittee shall screen all aboveground facilities and make reasonable accommodations for decorative wireless enclosures, support structures or signs, as required by the director of public works, to be aesthetically compatible with existing streetscape and the ornamental design or theme of the immediate area. Screening methods shall include the use of shrubs, trees and/or with landscape rock or installation using stealth or camouflaged forms of the facility. The director may also impose reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in a public right-of-way. No equipment or facilities shall visibly or physically block or in any manner interfere with any existing streetscape, ornamental structures or displays, or other amenities located within the city’s right of way. * * * * (AA) Any facility collocated on a city-owned support structure shall be of a color and design so to match the color, design and pattern of the existing support structure(s) and any replacement structures after the issuance of the permit. Any new support structure, and any facility located thereon, erected within a city-owned right of way shall be of a color and design so to match the color, design and pattern of existing structures (e.g. light/lampposts) and any replacement structures after the issuance of the permit. 4 Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. _____” a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Filing. 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 5. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 6. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this _____ day of _____, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY 5 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 97 OF THE CITY CODE REGARDING UTILITY SERVICE FACILITIES RIGHT-OF-WAY MANAGEMENT REGULATIONS The following is the official summary of Ordinance No. ____ passed by the City Council of Apple Valley on ____________, 2019: Chapter 97 of the City Code, governing public right-of-way management regulations, is amended to incorporate FCC Rule deadline for action on permit filed for small wireless facilities placement in public rights-of-way. The amendment provides additional aesthetics standards applicable to all utility service facilities located within city rights-of-way and on city-owned structures. 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 97 OF THE CITY CODE REGARDING UTILITY SERVICE FACILITIES RIGHT-OF-WAY MANAGEMENT REGULATIONS The City Council of Apple Valley ordains: Section 1. Section 97.05 of the Apple Valley City Code is hereby amended to revise Section 97.05(C) to read as follows: §97.05 PERMIT REQUIREMENT. * * * * (C) Issuance of permit. (1) Except as otherwise provided herein for small wireless facility permits, if the applicant has satisfied the requirements of this Chapter, the city shall issue a permit within ninety (90) days of receiving a completed application, or shall provide written reasons for denial of the application if the city believes the requirements have not been satisfied, unless that time period is extended or tolled as specified in state law, (M. S. §237.163, Subd. 3c). If the city receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than 30 facilities, the city may extend the 90-day deadline by an additional 30 days. If the city elects to invoke this extension, it must inform in writing any applicant to whom the extension will be applied. For applications related to placement of small wireless facilities, the deadline for the City’s action on each application will be in accordance with FCC Rules and regulations. As in effect as of December 31, 2018, the City will review and act on an application for collocation of a small wireless facility on an existing support structure no later than 60 days from date of receipt of complete application and an application for placement of a small wireless facility on a new support structure no later than 90 days from date of receipt of complete application. If the applicant has satisfied the requirements of this Section, then a permit will be issued; otherwise the City shall provide written reasons for denial of the application. (2) The city may deny a permit for the following reasons: (a) The applicant failed to fully comply with the application requirements herein. (b) The city has initiated revocation of a prior permit issued under this chapter against the applicant. 2 (c) The applicant has violated within the past two years any requirements of this chapter. (d) The time schedule for the project will conflict or interfere with a community exhibition, celebration, festival, or any other similar community event in the area of the project. (e) The time schedule for the project conflicts with scheduled public improvement of the public right-of-way. (f) The proposed project violates a provision of this Code. (g) The proposed project is adverse to the public health, safety, and welfare by interfering with the safety and convenience of ordinary travel over the public right-of- way, or endangers the public right-of-way and its users based on one or more of the following factors: (1) The extent of public right-of-way area available; (2) The competing demands for the particular proposed area space in the public right-of-way; (3) The availability of other locations in the public right-of-way or in other public rights-of-way for the facility(s) or equipment of the permit applicant; (4) The applicability of an ordinance or other regulation that affects the location of a facility or equipment in the public right-of-way; (5) The applicant's prior compliance with the terms and conditions of its franchise, this section and other applicable ordinances and regulations; (6) The condition and age of the public right-of-way and the city's scheduled reconstruction thereof; and (7) The costs of disruption to the public and damage to the public right-of-way balanced against any benefits to the public served by an expansion into additional parts of the public right-of-way for facilities or equipment. (h) The facilities proposed to be placed or deployed shall meet all conditions of the permit as set forth elsewhere in this Chapter. Any denial of a right-of-way or small wireless facility permit must be made in writing and must set forth the basis for the denial. The city must notify the applicant in writing within three business days of the decision to deny or revoke a permit. If a permit application is denied, the applicant may cure the deficiencies identified by the city and resubmit its application. If the 3 applicant resubmits the application within 30 days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The city must approve or deny the revised application within 30 days after the revised application is submitted. (3) Permit applications that propose collocation of facilities on city-owned poles, buildings, or other structures owned or under the control of the city shall be authorized by the Council upon terms and conditions established by the Council. A wireless service provider that is granted authority to collocate small wireless facilities on wireless support structures owned or controlled by the city and located within the public roads or rights-of-way is required to enter into a standard small wireless facility collocation agreement, but not an individual license, franchise, or other similar agreement with the local government unit or any other entity. Any initial engineering survey and preparatory construction work associated with collocation must be paid by the cost causer in the form of a onetime, nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge to recover the costs associated with a proposed attachment. Section 2. Section 97.06 of the Apple Valley City Code is hereby amended to revise §97.06(Y) and add §97.06 (AA) to read as follows: §97.06 CONDITIONS OF PERMIT AND REGISTRATION * * * * (Y) Screening and Decorative Structures: The permittee shall screen all aboveground facilities and make reasonable accommodations for decorative enclosures, support structures or signs, as required by the director of public works, to be aesthetically compatible with existing streetscape and the ornamental design or theme of the immediate area. Screening methods shall include the use of shrubs, trees and/or with landscape rock or installation using stealth or camouflaged forms of the facility. The director may also impose reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in a public right-of-way. No equipment or facilities shall visibly or physically block or in any manner interfere with any existing streetscape, ornamental structures or displays, or other amenities located within the city’s right of way. * * * * (AA) Any facility collocated on a city-owned support structure shall be of a color and design so to match the color, design and pattern of the existing support structure(s) and any replacement structures after the issuance of the permit. Any new support structure, and any facility located thereon, erected within a city-owned right of way shall be of a color and design so to match the color, design and pattern of existing structures (e.g. light/lampposts) and any replacement structures after the issuance of the permit. 4 Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. _____” a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Filing. 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 5. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 6. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this 14th day of March, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY 5 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 97 OF THE CITY CODE REGARDING UTILITY SERVICE FACILITIES RIGHT-OF-WAY MANAGEMENT REGULATIONS The following is the official summary of Ordinance No. ____ passed by the City Council of Apple Valley on March 14th, 2019: Chapter 97 of the City Code, governing public right-of-way management regulations, is amended to incorporate FCC Rule deadline for action on permit filed for small wireless facilities placement in public rights-of-way. The amendment provides additional aesthetics standards applicable to all utility service facilities located within city rights-of-way and on city-owned structures. 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. I T E M: 4.H. C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving Plans and S pecifications f or P roject 2019-103, 2019 Micro S urf acing, and A uthorizing Advertising f or Receipt of B ids, at 10:00 a.m. on A pril 16, 2019 S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution approving plans and specifications for Project 2019-103, 2019 Micro Surfacing, and authorizing receipt of bids at 10:00 a.m. on April 16, 2019. S UM M ARY: T he City's 2019 Adopted Budget identifies $483,000 for street preservation in the form of micro surfacing. It is anticipated that approximately 99,000 square yards of street will be micro surfaced including portions of the following neighborhoods and streets: Diamond Path Additions 153rd Street W from Garrett Avenue to Pennock Lane 157th Street W from Harmony Way to Garden View Drive T he locations of the proposed improvements are identified on the attached map (Figure: 1). B AC K G RO UND : T he C ity C ouncil adopted Resolution 2018-135 on September 13, 2018, directing the preparation of plans and specifications for Project 2019-103, 2019 Micro Surfacing. B UD G E T I M PAC T: Project costs and funding included in the adopted 2019 operating budget are summarized as follows: Estimated Project C osts: C onstruction C ost $ 410,000 C onstruction C ontingency 20,000 Engineering Design 15,000 Inspection 15,000 Total Estimated Cost $ 460,000 Project Funding: Municipal State Aid Maintenance $ 460,000 Total Estimated Funding $ 460,000 AT TAC HM E NT S: Map R esolution Exhibit 2.. 160th Street 150th Street 140th Street McAndrews Road Pilot Knob RoadFlagstaff AvenueCedar AvenueGarden View Drive2019 Micro Surfacing Figure 1 City of Apple Valley 2019 Capital Improvement Program Areas FEETSCALE 0 30001500 TYPE N 153RD ST W DIAMOND PATH ADDITIONS 157TH ST W CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2019-103, 2019 MICRO SURFACING WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2019-103, 2019 Micro Surfacing; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2019-103, 2019 Micro Surfacing, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2019-103, 2019 Micro Surfacing at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 14th day of March, 2019 __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk EXHIBIT A CITY OF APPLE VALLEY ADVERTISEMENT FOR BIDS 00 11 13 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:00 a.m., CST, Tuesday, April 16, 2019, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: City Project 2019-103, 2019 MICRO SURFACING Pavement Marking Removal Micro Surfacing Pavement Markings (Latex) 21215 LF 104801 SY 42430 LF With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2590 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. A full and complete copy of all solicitations of bids is disseminated on the City’s website at www.cityofapplevalley.org. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota I T E M: 4.I . C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving Plans and S pecifications f or P roject 2017-109, J ohnny Cake Ridge Road I mprovements, and Authorizing A dvertising f or Receipt of B ids, at 10:00 a.m. on A pril 9, 2019 S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution approving plans and specifications for Project 2017-109, J ohnny C ake Ridge Road Improvements, and authorizing receipt of bids at 10:00 a.m. on April 9, 2019. S UM M ARY: T he C ity's 2018-2022 C apital Improvement Program includes improvements to J ohnny C ake Ridge Road (J C RR) from 140th Street north to C S A H 38 (McA ndrews Road) for 2019. A map of the proposed project area is attached (Figure: 1). T his project is scheduled for full utility and street reconstruction in 2019 due to the continued deterioration of the existing pavement sections, maintenance issues with underground utilities (sanitary sewer and water main), the need for storm water best management practices (BMPs) to improve Water Q uality in Long and Farquar Lakes, and the need to extend the Dakota C ounty North C reek Greenway Trail along the west side of this corridor from McAndrews Road to 140th Street. T he feasibility study recommended a conversion of the existing four (4)-lane roadway (no turn lanes) to a three (3)-lane “road diet”, which would include two (2) thru lanes (one (1) north and one (1) south), along with a center two way left turn lane and right turn lanes at each intersection. T he study further recommended improvements to storm sewer, sanitary sewer and water main utilities on the J C RR corridor from McA ndrews Road south to 140th Street including the following local cul-de-sacs; 136th C ourt and Lower 131st Street Ct. T he C ity of A pple Valley received a $300,000 C lean Water Fund Grant from the Board of Water and Soil Resources (BWSR) along with contributions of $100,000 from Vermillion River J oint Powers Watershed Organization (VRJ P WO) and $150,000 from Dakota C ounty Environmental Resources C IP for storm water improvements to reduce phosphorus loading to Long and Farquar Lakes. Included as part of this project are three (3) storm water filtration basins and three (3) Hydrodynamic storm water pre-treatment structures to address the required T MD L reductions. T he C ity also applied for $1 million dollars in grant funding as part of the Local Road Improvement Program in 2017 but was unsuccessful in securing the additional road funding source for the project. A J oint Powers Agreement between Dakota C ounty and the C ity for cost sharing related to the construction of the North Creek Greenway bituminous trail on the west side of J C RR, A D A improvements in the intersection of J C RR and McAndrews Road, storm water improvements and the installation of conduit for future fiber will be provided for approval prior to award of any construction contract. Since the feasibility study, the construction cost estimate has increased around $1.1 million dollars. T his is primarily due to increased roadway quantities and expected cost increases in unit prices for roadway materials. T his cost increase will be funded by utilizing additional Municipal State Aid funds. Staff will evaluate the final costs after bids are received and provide council with a final recommendation prior to awarding a contract. Construction is scheduled for summer 2019. It is anticipated that some of the restoration and establishment of the storm water infiltration areas will not be completed until spring/summer 2020. B AC K G RO UND : City C ouncil adopted Resolution 2017-8 on J anuary 12, 2017, authorizing preparation of corridor and feasibility study for J ohnny C ake Ridge Road, Project 2017-109. On September 13, 2018, the C ity Council adopted Resolution 2018-133, directing the preparation of plans and specifications and accepting feasibility study for Project 2017-109, J ohnny Cake Ridge Road Improvements. B UD G E T I M PAC T: Project costs and funding included in the adopted 2019 operating budget are summarized as follows: Estimated Project C osts:Per Feasibility Study Per Final Design C onstruction C ost $ 4,905,209 $ 5,978,449 C onstruction C ontingency (10%)490,521 597,845 Engineering, Contract Admin, Inspection, Testing, Survey 1,417,060 1,417,060 Total Estimated Cost $ 6,812,790 $ 7,993,354 Estimated Project Funding: Water Utility Sanitary Sewer Utility $ 692,787 260,546 $ 341,445 565,527 Storm Sewer Utility 311,500 311,500 Road Improvement Fund 1,209,490 437,724 Street Light Utility Fund 88,687 88,687 Municipal State Aid 2,149,780 5,348,471 D akota C ounty (J PA)600,000 600,000 G rant Funding 1,500,000 300,000 Total Estimated Funding $ 6,812,790 $ 7,993,354 AT TAC HM E NT S: Map R esolution Advertisement f or B id PROJECT LOCATION EASTVIEW HIGH SCHOOL Figure: 1 CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2017-109, JOHNNY CAKE RIDGE ROAD IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2017-109, Johnny Cake Ridge Road Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2017-109, Johnny Cake Ridge Road Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2017-109, Johnny Cake Ridge Road Improvements at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 14th day of March, 2019 __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY 00 11 13 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:00 a.m., CST, Tuesday, April 9, 2019, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: City Project 2017-109, Johnny Cake Ridge Road Improvements 92 EA Clear and Grub Tree 4136 LF Remove Storm Sewer 12,610 LF Remove Curb and Gutter 89,856 SF Remove Bit Walk 325,449 SF Remove Bit Pavement 526.1 LF Construct Drainage Structure 7320 LF Storm Sewer 29,815 CY Common Excavation 13,642 CY Select Granular Borrow 15,595 TN Cl 5 Aggregate Base 12,099 TN Bituminous Mixture 13,280 LF Concrete Curb and Gutter 11,792 SF Concrete Walk 97,684 SF Bituminous Walk 1,339 SF Prefabricated Modular Block Wall 15,776 SY Sod 2 EA Revise Signal System 7215 LF 2” Conduit 586 EA Deciduous Shrubs With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2400 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490. This project is subject to prevailing wage. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota EXHIBIT A I T E M: 4.J . C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: A pprove P urchase of Motorola A P X-6000 E ncrypted 800 MHz Portable R adios for Police Department S taff Contact: Greg Dahlstrom, Police Captain D epartment / D ivision: P olice Department AC T I O N RE Q UE S T E D: Approve purchase of Motorola A P X-6000 encrypted portable radios , in the amount of $310,473.75, for the Police Department. S UM M ARY: T he Police Department is in the process of replacing our portable (handheld) 800 MHz radios. T he radios have reached the end of service life. As such, we would like to purchase (65) Motorola A PX-6000 encrypted portable radios and necessary accessories. We would utilize Minnesota state contract #119587 to streamline the process and obtain a competitive price. It is the Police Department's recommendation that the City Council approve purchasing the radios from Motorola Solutions, IN C . If approved, Police Department staff respectfully requests the ability to complete and sign any and all documents necessary to execute this purchase without the need for additional C ouncil action. B AC K G RO UND : In summer of 2007, in conjunction with the start of operations of the Dakota Communications Center, the department purchased and fielded our current 800 MHz portable radios; the Motorola XT S-2500. T he XT S-2500 represented a significant upgrade from the UHF radios and allowed direct integration with the statewide 800 MHz communications system. T he 800mhz radio instantly enhanced officer safety by making the monitoring of police radio operations nearly impossible. Fast forward 11 years and we have learned our current radios have reached their end of service life. In 2019, Motorola declined our request to purchase a service contract and explained their service center cannot repair or replace the XT S-2500. T his represents a significant liability exposure to our 2019 operating budget in that even a minor problem will require complete replacement of the radio and accessories. Beyond repair and replacement, technology has advanced to the point were anyone can monitor our radio traffic with nothing more than a smartphone loaded with a free application thus creating the need to encrypt our radio traffic. Although our agency strives for transparency, there are aspects of police operations that require the ability to communicate without the subject of an investigation monitoring. Recognizing this need, South Metro S WAT and the D akota Drug Task Force both use encrypted radios for their operations. In addition, all of our state and federal law enforcement partners use encryption exclusively. In order for officers to maintain safety and to promote effective integration with our law enforcement partners, we now must include encryption into our specifications. In preparation for this purchase, Police Department staff worked closely with experts from the D akota Communications Center and Dakota C ounty Radio Services. As a whole, this purchase has been vetted for system compatibility and operational need. Only items necessary to maintain our current capability and inter-agency communication have been included. B UD G E T I M PAC T: Funding for the replacement radio purchase will come from the Police Department's Vehicle and Equipment Replacement Fund (VERF). T he 800 MHz radio system was added to the VERF program just three years ago, so only three years of cost recovery has occurred and it was never included in the initial funding when the VERF was established. Finance staff is recommending that a 2019 budget amendment be brought forward to transfer an additional $135,000 from the C losed G O Bond fund to cover the shortfall on the 2019 800 MHz radio purchase. AT TAC HM E NT S: Agreement Quotation 03/04/19 To: Motorola Solutions, Inc. Mrs. Lisa Beyer 500 West Monroe St. Chicago, IL 60661 Re: Purchase of Motorola radio communications equipment Apple Valley Police Department/City of Apple Valley is using this as a formal purchase order system. This letter serves as authorization for Motorola to place an order for the communications equipment on the attached sheet for a purchase price of $310,473.75. Apple Valley Police Department/City of Apple Valley agrees to pay Motorola for the equipment “Net 30 days upon shipment” to: Apple Valley Police Department 7100 147th. St. W. Apple Valley, MN 55124 When Motorola invoices Apple Valley Police Department the invoice should reference PO#00000 and be sent to Captain Greg Dahlstrom at the following address: Apple Valley Police Department 7100 147th. St. W. Apple Valley, MN 55124 For taxation purposes, even if tax-exempt, the equipment sold to Apple Valley Police Department/City of Apple Valley will ultimately reside at the following address: Apple Valley Police Department 7100 147th. St. W. Apple Valley, MN 55124 The terms and conditions of the "Motorola Two-Way Radio Contract with the State of Minnesota, Contract # 119587 apply to this purchase order. Payments can be authorized solely on this document. I submit that I am a duly authorized official of our entity and that my signature makes this a legal and binding document and that funding has been encumbered for this order. If you have any questions regarding this order, please feel free to call Greg Dahlstrom 952-953- 2704 Sincerely yours, _________________________ Greg Dahlstrom, Police Captain Apple Valley Police Department cc: Sid Sanocki, ANCOM Communications Quote Number:QU0000469148 Effective:25 FEB 2019 Effective To:27 MAY 2019 Bill-To:Ultimate Destination: APPLE VALLEY POLICE DEPT, CITY OF APPLE VALLEY POLICE DEPT, CITY OF 7100 147TH STW 7100 147TH STW APPLE VALLEY, MN 55124 APPLE VALLEY, MN 55124 United States United States Attention:Sales Contact: Name:Greg Dahlstrom Name:Sid Sanocki Phone:952-953-2704 Email:sid.sanocki@ancom.org Phone:6517148359 Request For Quote:APX-6000 Encrypted Portable 2-25-19 Contract Number:MINNESOTA DOT Freight terms:FOB Destination Payment terms:Net 30 Due Item Quantity Nomenclature Description List price Your price % Discount Price Extended Price 1 65 H98UCF9PW6BN APX6000 700/800 MODEL 2.5 PORTABLE $3,026.00 $1,703.50 43.70 $110,727.50 1a 65 Q58AL ADD: 3Y ESSENTIAL SERVICE $110.00 $110.00 -$7,150.00 1b 65 Q806BM ADD: ASTRO DIGITAL CAI OPERATION $515.00 $340.00 33.98 $22,100.00 1c 65 QA07577AA ALT: BATT IMPRES 2 LIION TIA4950 IP68 3100T STD $135.00 $82.50 38.89 $5,362.50 1d 65 H869BZ ENH: MULTIKEY $330.00 $247.50 25.00 $16,087.50 1e 65 Q15AK ADD: AES/DES-XL/DES-OFB ENCRYPTION $799.00 $449.25 43.77 $29,201.25 1f 65 H122BR ALT: 1/4- WAVE 7/800 GPS STUBBY (NAR6595A $24.00 $18.00 25.00 $1,170.00 1g 65 QA03399AA ADD: ENHANCED DATA $150.00 $112.50 25.00 $7,312.50 1h 65 QA09001AB ADD: WIFI CAPABILITY $300.00 $215.00 28.33 $13,975.00 1i 65 QA09007AA ADD: OUT OF THE BOX WIFI PROVISIONING --- 1j 65 H38BT ADD: SMARTZONE OPERATION $1,200.00 $900.00 25.00 $58,500.00 1k 65 Q361AR ADD: P25 9600 BAUD TRUNKING $300.00 $225.00 25.00 $14,625.00 2 65 PMMN4069A MICROPHONE,IMPRES RSM, 3.5MM JACK, IP55 $121.00 $90.75 25.00 $5,898.75 3 3 NNTN8844A CHARGER, MULTI-UNIT, IMPRES 2, 6-DISP, NA/LA-PLUG, ACC USB CHGR $1,250.00 $937.50 25.00 $2,812.50 4 65 NNTN8860A CHARGER, SINGLE-UNIT, IMPRES 2, 3A, 115VAC, US/NA $150.00 $112.50 25.00 $7,312.50 5 65 PMNN4547A BATT IMPRES 2 LIION TIA4950 R IP68 3100T $169.00 $126.75 25.00 $8,238.75 Total Quote in USD $310,473.75 * This quote contains items with approved price exceptions applied against it PO Issued to Motorola Solutions Inc. must: >Be a valid Purchase Order (PO)/Contract/Notice to Proceed on Company Letterhead. Note: Purchase Requisitions cannot be accepted >Have a PO Number/Contract Number & Date >Identify "Motorola Solutions Inc." as the Vendor >Have Payment Terms or Contract Number >Be issued in the Legal Entity's Name >Include a Bill-To Address with a Contact Name and Phone Number >Include a Ship-To Address with a Contact Name and Phone Number >Include an Ultimate Address (only if different than the Ship-To) >Be Greater than or Equal to the Value of the Order >Be in a Non-Editable Format >Identify Tax Exemption Status (where applicable) >Include a Signature (as Required) I T E M: 4.K . C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: A pprove Grant A greement with Minnesota B oard of Water and Soil Resources for J ohnny Cake Ridge Road P hosphorus Reduction B MP R etrofit S taff Contact: J essica Schaum, Natural Resources Coordinator D epartment / D ivision: Natural R esources Division AC T I O N RE Q UE S T E D: Approve Grant Agreement with Minnesota Board of Water and Soil Resources for J ohnny Cake Ridge Road Phosphorus Reduction BMP Retrofit. S UM M ARY: T he Public Works Department was notified in D ecember 2018 by the Minnesota Board of Water and Soil Resources (BWSR) of a successful C lean Water Fund Grant application. T he C ity was awarded $300,000 for retrofit of stormwater practices that reduce phosphorus. T hese funds are to be used during the J ohnny C ake Ridge Road Reconstruction occurring in 2019. B AC K G RO UND : N/A B UD G E T I M PAC T: Total project cost will exceed grant funds provided. An additional $100,000 grant will also be received for the project from the Vermillion River Watershed J oint Powers Organization. Public Works is estimating an additional $300,000 in C ity funds will need to be spent to complete the project. $311,000 for the project is currently budgeted in the Storm Drainage Utility fund. T his money only applies to installation of projects that decrease phosphorus to Long and Farquar Lakes; additional funding is required for other stormwater infrastructure upgrades as part of the J ohnny C ake Ridge Road reconstruction project. AT TAC HM E NT S: Agreement Background Material Page 1 of 5 FY 2019 STATE OF MINNESOTA BOARD OF WATER and SOIL RESOURCES CLEAN WATER FUND COMPETITIVE GRANTS PROGRAM GRANT AGREEMENT Vendor: 0000199149 VN#: PO#: 3000010177 Date Paid: This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and Apple Valley, City of, 7100 West 147th Street Apple Valley Minnesota 55124 (Grantee). This grant is for the following Grant Programs : C19-2556 Johnny Cake Ridge Road Phosphorus Reduction BMP Retrofit $300,000 Total Grant Awarded: $300,000 Recitals 1. The Minnesota Laws of 2017, Chapter 91, Article 2, Section 7, appropriated Clean Water Funds (CWF) to the Board for the FY 2019 Clean Water Fund Competitive Grants Program. 2. The Board adopted the FY19 Clean Water Fund Implementation Program Policy and authorized the policy through Board Order #18-33. 3. The Board adopted Board Order #18-72 to allocate funds for the FY 2019 Clean Water Fund Competitive Grants Program. 4. The Grantee has submitted a BWSR approved work plan for this Program which is incorporated into this agreement by reference. 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the satisfaction of the State. 6. As a condition of the grant, Grantee agrees to minimize administration costs. Authorized Representative The State’s Authorized Representative is Marcey Westrick, Clean Water Coordinator, BWSR, 520 Lafayette Road North, Saint Paul, MN 55155, (651) 284-4153, or his/her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this Grant Agreement. The Grantee’s Authorized Representative is: TITLE Water Quality Technician ADDRESS 7100 147th Street W CITY Apple Valley, MN 55124 TELEPHONE NUMBER 952-953-2462 If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantees must immediately notify the Board. Grant Agreement 1. Terms of the Grant Agreement. 1.1. Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd. 5. The State will notify the Grantee when this grant agreement has been executed. The Grantee must not begin work under this grant agreement until it is executed. 1.2. Expiration date: December 31, 2021, or until all obligations have been satisfactorily fulfilled, whichever comes first. Page 2 of 5 1.3. Survival of Terms: The following clauses survive the expiration date or cancellation of this Agreement: 7. Liability; 8. State Audits; 9. Government Data Practices; 11. Publicity and Endorsement; 12. Governing Law, Jurisdiction, and Venue; 14. Data Disclosure; and 19. Intellectual Property Rights. 2. Grantee’s Duties. The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat § 16B.97, Subd. 4(a)(1). The Grantee is responsible for the specific duties for the Program as follows: 2.1. Implementation: The Grantee will implement their work plan, which is incorporated into this Agreement by reference. 2.2. Reporting: All data and information provided in a Grantee’s report shall be considered public. 2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. All individual grants over $500,000 will also require a reporting expenditure by June 30 of each year. 2.2.2. The Grantee will prominently display on its website the Clean Water Legacy Logo and a link the Legislative Coordinating Commission website. 2.2.3. Final Progress Report: The Grantee will submit a final progress report to the Board by February 1, 2022 or within 30 days of completion of the project, whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. 2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee’s approved work plan. 3. Time. The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4. Terms of Payment. 4.1. Grant funds will be distributed in three installments: 1) The first payment of 50% will be distributed after the execution of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended and reporting requirements have been met. An eLINK Interim Financial Report that summarizes expenditures of the first 50% must be signed by the Grantee and approved by BWSR. Selected grantees may be required at this point to submit documentation of the expenditures reported on the Interim Financial Report for verification. 3) The third payment of 10% will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10% payment must be requested within 30 days of the expiration date of the Grant Agreement. An eLINK Final Financial Report that summarizes final expenditures for the grant must be signed by the grantee and approved by BWSR. 4.2. All costs must be incurred within the grant period. 4.3. All incurred costs must be paid before the amount of unspent funds is determined. Unspent grant funds must be returned within 30 days of the expiration date of the Grant Agreement. 4.4. The obligation of the State under this Grant Agreement will not exceed the amount listed above. 4.5. This grant includes an advance payment of 50 percent of the grant’s total amount. Advance payments allow the grantee to have adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future. 5. Conditions of Payment. 5.1. All services provided by the Grantee under this Grant Agreement must be performed to the State’s satisfaction, as set forth in this Agreement and in the BWSR approved work plan for this program. Compliance will be determined at the sole discretion of the State’s Authorized Representative and in accordance will all applicable federal, State, and local laws, policies, ordinances, rules, FY19 Clean Water Fund Implementation Program Policy, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state or local law. 5.2. Minnesota Statutes §103C.401 (2018) establishes BWSR’s obligation to assure program compliance. If the noncompliance is severe, or if work under the grant agreement is found by BWSR to be unsatisfactory or performed in violation of federal, state, or local law, BWSR has the authority to require the repayment of grant funds or withhold payment on grants from other programs. 6. Assignment, Amendments, and Waiver 6.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Grant Agreement, or their successors in office. Page 3 of 5 6.2. Amendments. Any amendments to this Grant Agreement must be in writing and will not be effective until it has been approved and executed by the same parties who approved and executed the original Grant Agreement, or their successors in office. Amendments must be executed prior to the expiration of the original agreement or any amendments thereto. 6.3. Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 7. Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State’s failure to fulfill its obligations under this Grant Agreement. 8. State Audits. Under Minn. Stat. § 16B.98, Subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant, may be examined at any time by the Board or Board’s designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 9. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. 10. Workers’ Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 11. Publicity and Endorsement. 11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Agreement. 11.2. Endorsement. The Grantee must not claim that the State endorses its products or services 12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate State of federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination. 13.1. The State may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 13.2. In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 13.3. The State may immediately terminate this grant contract in the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Page 4 of 5 Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. 15. Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wage for projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at a rate not less than those prevailing on projects of a character similar in the locality. Bid requests must state the project is subject to prevailing wage. 16. Municipal Contracting Law. Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 of this statute must follow the Uniform Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in the Grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. 17. Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding the use of Clean Water Funds to supplement traditional sources of funding. 18. Signage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota Laws 2010, Chapter 361, Article 3, Section 5(b) for Clean Water Fund projects. 19. Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries, (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. Work includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request. To the extent possible, those Works eligible for copyright protection under the United State Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. Page 5 of 5 IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved: Apple Valley, City of Board of Water and Soil Resources By: __Mary Hamann-Roland___________________ By: ____________________________________________ (print) _______________________________________ (signature) Title: __Mayor________________________________ Title: ____________________________________________ Date: _______________________________________ Date: ____________________________________________ ATTEST: ____________________________________________ Pamela J. Gackstetter, City Clerk Report created on:2/14/19 Page 1 of 3 Grant Workplan Projects and Practices 2019 Grant Title - Johnny Cake Ridge Road Phosphorus Reduction BMP Retrofit Grant ID - C19-2556 Organization - Apple Valley, City of Original Awarded Amount $300,000.00 Grant Execution Date Required Match Amount $75,000.00 Original Grant End Date 12/31/2021 Required Match %25%Grant Day To Day Contact Jane Byron Current Awarded Amount $300,000.00 Current End Date 12/31/2021 Budget Summary Budgeted Spent Balance Remaining Total Grant Amount $300,000.00 $0.00 $300,000.00 Total Match Amount $300,000.00 $0.00 $300,000.00 Total Other Funds $0.00 $0.00 $0.00 Total $600,000.00 $0.00 $600,000.00 *Grant balance remaining is the difference between the Awarded Amount and the Spent Amount. Other values compare budgeted and spent amounts. Budget Details Activity Name Activity Category Source Type Source Description Budgeted Spent Last Transaction Date Match ing Fund Installation - Johnny Cake Ridge Rd Stormwater BMPs Urban Stormwater Management Practices Current State Grant Johnny Cake Ridge Road Phosphorus Reduction BMP Retrofit $300,000.0 0 N Report created on:2/14/19 Page 2 of 3 Activity Name Activity Category Source Type Source Description Budgeted Spent Last Transaction Date Match ing Fund Installation - Johnny Cake Ridge Rd Stormwater BMPs Urban Stormwater Management Practices Local Fund Local Match $300,000.0 0 Y Activity Details Summary Activity Details Total Action Count Total Activity Mapped Proposed Size / Unit Actual Size / Unit Proposed Activity Indicators Activity Name Indicator Name Value & Units Waterbody Calculation Tool Comments Installation - Johnny Cake Ridge Rd Stormwater BMPs PHOSPHORUS (EST. REDUCTION) 8.9 LBS/YR Long Lake P8 Urban Catchment Model 29.7 lb/yr reduction in P to upstream ponds; uncalculated reduction to Farquar Lake Grant Activity Grant Activity - Installation - Johnny Cake Ridge Rd Stormwater BMPs Description Costs associated with installation of multiple boulevard bioretention (raingarden & tree trench) and underground sediment collection practices (e.g. sumps, swirl separators, etc.) . Installation will be concurrent with roadway reconstruction and greenway installation. Vegetation establishment will follow a 3 year (including installation year) maintenance program. This item includes construction oversight. Category URBAN STORMWATER MANAGEMENT PRACTICES Has Rates and Hours?No Report created on:2/14/19 Page 3 of 3 Grant Attachments Document Name Document Type Description 2019 Competitive Grant Grant Agreement 2019 Competitive Grant - Apple Valley, City of Application Workflow Generated Workflow Generated - Application - 08/30/2018 Johnny Cake Ridge Road Phosphorus Reduction BMP Retrofit Application Image Grant Johnny Cake Ridge Road Phosphorus Reduction BMP Retrofit grantmap_22492_2018-08-24_04-31-50-PM.jpg Grant Johnny Cake Ridge Road Phosphorus Reduction BMP Retrofit I T E M: 4.L . C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: A pprove Grant A greement with Minnesota B oard of Water and Soil Resources for Metro Watershed B ased F unding f or Redwood P ond E xpansion S taff Contact: J essica Schaum, Natural Resources Coordinator D epartment / D ivision: Natural R esources Division AC T I O N RE Q UE S T E D: Approve Grant Agreement with Minnesota Board of Water and Soil Resources for Metro Watershed Based Funding toward the expansion and improvement of Redwood Pond. S UM M ARY: T he Public Works Department was notified in Fall 2018 of a successful C lean Water Fund Grant application. T he City was awarded $114,890 through the Minnesota Board of Water and Soil Resources (BWSR) Metro Watershed Based Funding program for expansion and improvements to Redwood Pond for the purpose of reducing phosphorus inputs to Keller Lake. B AC K G RO UND : T his is the first term for the Metro Watershed Based Funding program developed by BWSR and considered a pilot for future implementation years. Under the program, a set amount of funding is dispersed to the Metro Area, and counties, cities, and watershed management organizations collaborated to determine which projects will get funded. B UD G E T I M PAC T: Total project cost will exceed grant funds provided. Public Works is estimating an additional $250,000 in C ity funds will need to be spent to complete the project. $250,000 for the project is currently budgeted in the 2020 Storm Drainage Utility fund. AT TAC HM E NT S: Agreement Background Material Page 1 of 4 FY 2019 STATE OF MINNESOTA BOARD OF WATER and SOIL RESOURCES WATERSHED BASED FUNDING GRANTS PROGRAM GRANT AGREEMENT Vendor: 0000199149 VN#: PO#: 3000009718 Date Paid: This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and Apple Valley, City of, 7100 West 147th Street, Apple Valley Minnesota 55124 (Grantee). This grant is for the following Grant Programs : P19-3294 2019 - Watershed Based Funding Metro (Apple Valley, City of) $114,890 Total Grant Awarded: $114,890 Recitals 1. The Laws of Minnesota 2017, Chapter 91, Article 2, Section 7 (a), appropriated Clean Water Funds (CWF) to the Board for the FY 2019 Watershed-based Funding Pilot Program. 2. The Board adopted the Clean Water Fund Watershed-based Funding Pilot Program Policy and authorized the Watershed- based Funding Pilot Program Grants through Board Resolution 17-96. 3. The Board adopted Board Resolution 17-96 to allocate funds for the FY 2019 Watershed-based Funding Pilot Program. 4. The Grantee has submitted a BWSR approved work plan for this Program which is incorporated into this agreement by reference. 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the satisfaction of the State. 6. As a condition of the grant, Grantee agrees to minimize administration costs. Authorized Representative The State's Authorized Representative is Marcey Westrick, Clean Water Coordinator, BWSR, 520 Lafayette Road North, Saint Paul, MN 55155, 651-284-4153, or her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this Grant Agreement. The Grantee’s Authorized Representative is: TITLE Water Quality Technician ADDRESS 7100 147th Street W CITY Apple Valley, MN 55124 TELEPHONE NUMBER 952-953-2462 If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantee must immediately notify the Board. Grant Agreement 1. Term of Grant Agreement. 1.1. Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd.5. The State’s Authorized Representative will notify the Grantee when this grant agreement has been executed. The Grantee must not begin work under this grant agreement until it is executed. 1.2. Expiration date: December 31, 2021, or until all obligations have been satisfactorily fulfilled, whichever comes first. 1.3. Survival of Terms: The following clauses survive the expiration or cancellation of this Agreement: 7. Liability; 8. State Audits; 9. Government Data Practices; 11. Publicity and Endorsement; 12. Governing Law, Jurisdiction, and Venue; 14. Data Disclosure; and 18. Intellectual Property Rights. Page 2 of 4 2. Grantee’s Duties. The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, Subd. 4(a)(1).The Grantee is responsible for the specific duties for the Program as follows: 2.1. Implementation: The Grantee will implement their work plan, which is incorporated into this Agreement by reference. 2.2. Reporting: All data and information provided in a Grantee’s report shall be considered public. 2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. All individual grants over $500,000 will also require a reporting of expenditures by June 30 of each year. 2.2.2. The Grantee will prominently display on its website the Clean Water Legacy Logo and a link to the Legislative Coordinating Commission website. 2.2.3. Final Progress Report: The Grantee will submit a final progress report to the Board by February 1, 2022 or within 30 days of completion of the project, whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. 2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee’s approved work plan. 3. Time. The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4. Terms of Payment. 4.1. Grant funds will be distributed in three installments: 1) The first payment of 50% will be distributed after the execution of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended and reporting requirements have been met. An eLINK Interim Financial Report that summarizes expenditures of the first 50% must be signed by the Grantee and approved by BWSR. Selected grantees may be required at this point to submit documentation of the expenditures reported on the Interim Financial Report for verification. 3) The third payment of 10% will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10% payment must be requested within 30 days of the expiration date of the Grant Agreement. An eLINK Final Financial Report that summarizes final expenditures for the grant must be signed by the grantee and approved by BWSR. 4.2. All costs must be incurred within the grant period. 4.3. All incurred costs must be paid before the amount of unspent grant funds is determined. Unspent grant funds must be returned within 30 days of the expiration date of the Grant Agreement. 4.4. The obligation of the State under this Grant Agreement will not exceed the amount stated above. 4.5. This grant includes an advance payment of 50 percent of the grant’s total amount. Advance payments allow the grantee to have adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future. 5. Conditions of Payment. All services provided by the Grantee under this Grant Agreement must be performed to the State’s satisfaction, as set forth in this Agreement and in the BWSR approved work plan for this program. Compliance will be determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, State, and local laws, policies, ordinances, rules, FY 2018 Clean Water Fund Competitive Grants Policy, and regulations. All Grantees must follow the Grants Administration Manual policy. Minnesota Statutes §103C.401 (2014) establishes BWSR’s obligation to assure program compliance. If the noncompliance is severe, or if work under the grant agreement is found by BWSR to be unsatisfactory or performed in violation of federal, state, or local law, BWSR has the authority to require the repayment of grant funds, or an additional penalty. Penalties can be assessed at a rate up to 150% of the grant agreement. 6. Assignment, Amendments, and Waiver. 6.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Grant Agreement, or their successors in office. 6.2. Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Agreement, or their successors in office. Amendments must be executed prior to the expiration of the original agreement or any amendments thereto. Page 3 of 4 6.3. Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 7. Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Agreement. 8. State Audits. Under Minn. Stat. § 16B.98, subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant, may be examined at any time by the Board or Board's designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 9. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. 10. Workers’ Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 11. Publicity and Endorsement. 11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Agreement. 11.2. Endorsement. The Grantee must not claim that the State endorses its products or services. 12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination. 13.1. The State may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 13.2. In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 13.3. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. Page 4 of 4 15. Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wages for projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality. Bid requests must state the project is subject to prevailing wage. 16. Municipal Contracting Law. Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 of this statute must follow the Uniform Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in the Grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. 17. Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding use of Clean Water Funds to supplement traditional sources of funding. 18. Signage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota Laws 2010, Chapter 361, article 3, section 5 (b) for Clean Water Fund projects. 19. Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents. IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved: Apple Valley, City of Board of Water and Soil Resources By: __Mary Hamann-Roland___________________ By: ____________________________________________ (print) _______________________________________ (signature) Title: __Mayor________________________________ Title: ____________________________________________ Date: _______________________________________ Date: ____________________________________________ ATTEST: ____________________________________________ Pamela J. Gackstetter, City Clerk Report created on:2/25/19 Page 1 of 4 Grant Workplan Watershed Based Funding Metro 2019 Grant Title - 2019 - Watershed Based Funding Metro (City of Apple Valley) Grant ID - P19-3294 Organization - Apple Valley, City of Original Awarded Amount $114,890.00 Grant Execution Date Required Match Amount $11,489.00 Original Grant End Date 12/31/2021 Required Match %10%Grant Day To Day Contact Jane Byron Current Awarded Amount $114,890.00 Current End Date 12/31/2021 Budget Summary Budgeted Spent Balance Remaining Total Grant Amount $114,890.00 $0.00 $114,890.00 Total Match Amount $240,855.00 $0.00 $240,855.00 Total Other Funds $0.00 $0.00 $0.00 Total $355,745.00 $0.00 $355,745.00 *Grant balance remaining is the difference between the Awarded Amount and the Spent Amount. Other values compare budgeted and spent amounts. Budget Details Activity Name Activity Category Source Type Source Description Budgeted Spent Last Transaction Date Match ing Fund Project Construction Urban Stormwater Management Practices Current State Grant 2019 - Watershed Based Funding Metro (Black Dog WMO) $114,890.0 0 N Report created on:2/25/19 Page 2 of 4 Activity Name Activity Category Source Type Source Description Budgeted Spent Last Transaction Date Match ing Fund Project Construction Urban Stormwater Management Practices Local Fund City of Apple Valley Local Match $240,855.0 0 Y Activity Details Summary Activity Details Total Action Count Total Activity Mapped Proposed Size / Unit Actual Size / Unit 155M - Storm Water Retention Basins 1 1 2.1 AC 0 AC Proposed Activity Indicators Activity Name Indicator Name Value & Units Waterbody Calculation Tool Comments Report created on:2/25/19 Page 3 of 4 Grant Activity Grant Activity - Project Construction Description This task will include construction of the project in the City of Apple Valley at Redwood Pond (KL-10). This will including expanding the existing pond and modifying the outlet to provide additional water quality treatment. The project does not include maintenance activities/sediment removal from the existing pond, but rather expansion of the pond. The pond outlet would be modified to provide extended detention and increase the residence time for smaller storm events. These fees will go toward the estimated contractor costs for the construction project. The total project cost listed in the Dakota Collaborative Implementation Plan is $280,000 which does not include construction contingency. With construction contingency, the total project cost is $350,000. Grant funds will only be used for activities that are above and beyond MS4 permit requirements for City of Apple Valley and Dakota County. Anticipated annual milestones: 1. Project design beginning late 2019 2. Final design, bid, and contractor selection spring 2020. 3. Construction start summer 2020 4. Construction completion fall/winter 2020, start vegetation establishment 5. Finish vegetation establishment through fall of 2021. Category URBAN STORMWATER MANAGEMENT PRACTICES Has Rates and Hours?No Activity Action - Redwood Pond Expansion Practice 155M - Storm Water Retention Basins Count of Activities 1 Description Expansion of pond treatment volume and modification for extended detention Proposed Size / Units 2.1 AC Lifespan 30 Years Final Indicator for Redwood Pond Expansion Indicator Name PHOSPHORUS (EST. REDUCTION)Value 10.8 Indicator Subcategory/Units WATER POLLUTION (REDUCTION ESTIMATES) LBS/YR Calculation Tool P8 Urban Catchment Model Report created on:2/25/19 Page 4 of 4 Waterbody Keller Lake Grant Attachments Document Name Document Type Description 2019 Watershed Based Funding Metro Grant Agreement 2019 Watershed Based Funding Metro - Black Dog WMO Dakota Collaborative Combined Project Lists 2018_6-28- 18.pdf Grant 2019 - Watershed Based Funding Metro (City of Apple Valley) FinalDOCS-#198997-v1-SUB-GRANT_AGREEMENT_- _Apple_Valley_(Redwood_Pond)2 (PV c....pdf Grant 2019 - Watershed Based Funding Metro (City of Apple Valley) RedwoodPondWorkPlan_KeyMilestones_rev2_.pdf Grant 2019 - Watershed Based Funding Metro (City of Apple Valley) Work Plan Workflow Generated Workflow Generated - Work Plan - 10/16/2018 Work Plan Workflow Generated Workflow Generated - Work Plan - 09/21/2018 I T E M: 4.M. C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: A pprove Acceptance and F inal Payment on Agreements with Cartegraph Systems, L L C S taff Contact: Matt Saam, P ublic Works Director D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: 1. Approve acceptance and final payment on Purchase Agreement with C artegraph Systems, LLC , for asset management implementation services. 2. Approve acceptance and final payment on Purchase Agreement with C artegraph Systems, LLC , asset management hosting and support services. S UM M ARY: Attached please find the seventh and final payment for the C artegraph Asset Management System Upgrade project which included two purchase agreements: an Implementation Purchase A greement and a Hosting and Support Purchase Agreement. All of the C ity assets have been transferred into the new software system. Staff have conducted extensive testing and received training prior to the program going live in mid- November 2018. Cartegraph data hosting allows crews ready access in the field, and the capability to responds to tasks in real time. Staff will continue developing processes within the software, and have access to ongoing C artegraph technical support. All software improvements associated with the project are complete and in acceptable condition to become infrastructure of the City. T his final payment of $19,142.50 will complete the agreement with C artegraph and result in a total project cost of $174,511.00. B AC K G RO UND : In 2014, C artegraph announced Navigator would sunset in five years. S t a f f researched several asset management programs prior to recommending the upgrade from C artegraph Navigator to O peration Management Systems (O MS). T he Implementation Agreement included the transfer of all current C ity assets into the new software system and extensive staff training. T he software program successfully went live in mid-November. T he Hosting and Support Agreement is a two year agreement which is anticipated to be ongoing. C artegraph will host all of our data "in the cloud" and provide ongoing technical support and services for C ity staff. On February 8, 2018, the City Council approved purchase agreements with C artegraph Systems, LLC , for both asset management implementation services and for asset management hosting/support services. B UD G E T I M PAC T: T here are sufficient funds in the 2018-2019 budget for the Cartegraph services. Implementation Agreement:$ 76,570.00 Hosting & Support Agreement:$ 97,941.00 AT TAC HM E NT S: F inal Pay Documents ••• •:•:•:❖Owner. Cltv or Apple Valley, 7100 W. 147th St., Annie Valley, MN 55124 Date: ••• For Period: March 1 2019 ReouestNo: ApP.iell Va ey Contractor: CarteQraph systems LLC 3600 Dioital Dr Dubuaue Iowa 52003 563-556-8120 CONTRACTOR'S REQUEST FOR FINAL PAYMENT Cartegraph Asset Management System Upgrade SUMMARY Original Total Contract Amounts $ Implementation Agreement $ 76,570.00 Hosting & Support Agreement $ 97,941.00 2 Change Order -Addition $ 0.00 3 Change Order -Deduction $ 0.00 4 Revised Contract Amount $ 5 Value Completed to Date $ 6 Material on Hand $ 7 Amount Earned $ 8 Less Retainage 0% $ 9 Subtotal $ 10 Less Amount Paid Previously $ 11 Liquidated damages -$ 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Final $ Approved by Contractor:Approved by Owner: C•7 � CITY OF APPLE VALLEY City Staff Name/Title Date Specified Contract Completion Date: Mary Hamann-Roland, Mayor Date March 14, 2019 Final $174,511.00 $174,511.00 $174,511.00 $0.00 $174,51 1.00 $0.00 $174,511.00 $155,368.50 $0.00 $19,142.50 Pamela J. Gackstetter, City Clerk Date S:lpublic-worl<slprlvate\Admlnlstratlon PW\Asset Management\Csrtegraph OMS\Agreements\Cartegraph Sy,,tems. LLC. Request for Final Payment I T E M: 4.N. C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: A pprove P ersonnel R eport S taff Contact: Melissa Haas, Human Resources Manager D epartment / D ivision: Human Resources D ivision AC T I O N RE Q UE S T E D: Approve the personnel report. S UM M ARY: T he employment actions attached to this memo are recommended for City Council Approval. If there are questions regarding certain actions, it may be necessary to convene in closed session. B AC K G RO UND : T he C ity C ouncil's approval of the Personnel Report includes the ratification of the C ity Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. B UD G E T I M PAC T: Budgeted positions. AT TAC HM E NT S: Personnel Report PERSONNEL REPORT March 14, 2019 City of Apple Valley Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Name Last Name Action Position Status Dept. Base Pay Rate Pay Type Pay Scale Date (on or about) Paul Bostel Fire Officer Assignment Station 1 Fire Lieutenant Paid on Call Volunteer 1300 $ 16.50 Hourly FIRE 4/1/2019 John Hahn Fire Officer Assignment Station 2 Fire Lieutenant Paid on Call Volunteer 1300 $ 16.50 Hourly FIRE 4/1/2019 Jason Kronberg Fire Officer Assignment Station 3 Fire Lieutenant Paid on Call Volunteer 1300 $ 16.50 Hourly FIRE 4/1/2019 Ryan McNulty Fire Officer Assignment Station 3 Fire Lieutenant Paid on Call Volunteer 1300 $ 16.50 Hourly FIRE 4/1/2019 Robert Nelson Rehire Maintenance I Casual, Seasonal 1710 $ 13.64 Hourly C-07 4/30/2019 Sarah Osojnicki Rehire Concessions Supervsior Casual, Seasonal 1940 $ 17.15 Hourly C-07 4/1/2019 Charles Russell Promotion Fire Chief Full-Time, Regular 1300 $ 117,892.32 Annual 240E 3/15/2019 Troy Schesso Fire Officer Assignment Station 3 Fire Lieutenant Paid on Call Volunteer 1300 $ 16.50 Hourly FIRE 4/1/2019 Shaun Skrbec Rehire Maintenance II Casual, Seasonal 5305 $ 15.11 Hourly SM2 3/4/2019 Derek Tuley Hire Sales Clerk Casual, Variable Hour 5060 $ 12.00 Hourly L-1 3/9/2019 Scott Werner Acting Assignment Technical Specialist Full-Time, Regular 5365 $ 26.89 Hourly UMT 3/16/2019 Jennifer Wilkes Accept Resignation Firefighter Paid on Call Volunteer 1300 3/15/2019 The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 I T E M: 4.O. C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:C onsent Agenda Description: A pprove Claims and Bills S taff Contact: Ron Hedberg, F inance Director D epartment / D ivision: F inance Department AC T I O N RE Q UE S T E D: Approve claims and bills. S UM M ARY: Attached for C ity C ouncil review and approval are check registers for recent claims and bills. B AC K G RO UND : N/A B UD G E T I M PAC T: Check registers dated February 20, 2019, and February 27, 2019, in the amounts of $862,014.93, and $835,431.27, respectively. AT TAC HM E NT S: C laims and B ills C laims and B ills I T E M: 5.A . C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:Regular Agenda Description: I ntroduction and O ath of Of f ice of Fire Chief C harles Russell S taff Contact: Tom L awell, City Administrator D epartment / D ivision: A dministration Department AC T I O N RE Q UE S T E D: It is recommended that Charles (C huck) Russell be appointed as Fire C hief effective March 15, 2019. T he formal appointment of Chief Russell is part of the March 14, 2019, Personnel Report. At the beginning of the regular agenda, City C lerk Pam Gackstetter will administer the Oath of O ffice and the badge pinning ceremony will immediately follow. S UM M ARY: Chuck Russell has served as the C ity’s Deputy Fire C hief/Training Officer since 2013 and has also served as Acting Fire C hief since May 25, 2018. At our March 14, 2019 meeting, the City C ouncil is being asked to officially appoint Chuck Russell as our next Fire C hief. B AC K G RO UND : Chief Russell has over 35 years of Fire Department experience with the City of A pple Valley. He began his career as a paid-on-call firefighter in 1983. He has held a number of leadership positions within the Department including District C hief from 2002 to 2005, Captain from 1996 to 2002 and 2006 to 2012 and Assistant Chief from 2012 to 2013. In 2013 he was appointed Deputy C hief/Training Officer responsible for the Department's training and equipment. C hief Russell has extensive public and private sector experience in a variety of health and fire safety disciplines and holds numerous certifications related to fire safety, emergency management and incident command. He is also a proud 1983 graduate of Apple Valley High School. Please join me in congratulating C hief Russell on his promotion to the position of A pple Valley Fire C hief. B UD G E T I M PAC T: N/A I T E M: 5.B . C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:Regular Agenda Description: I ntroductions and O aths of Of f ice of Firefighters S taff Contact: Charles Russell, Acting F ire C hief D epartment / D ivision: F ire Department AC T I O N RE Q UE S T E D: City C lerk Pamela Gackstetter will administer the Oath of Office to four new Firefighters who recently completed probation. T his will be immediately followed by the pinning of the Firefighter's Badges. It is customary for a firefighter to choose someone special to them to bestow the honor of pinning on their badge for the first time. S UM M ARY: Probationary Firefighters J onathon Aldrich, Lucas Demmers, Gabriel Ehrman, and Patrick Magras began their service with the Apple Valley Fire Department when they were hired in 2017. T hey have attended our recruit academy for seven months, completing course work online and one day a week learning the practical skills of firefighting, rescue, apparatus operator, hazardous materials, and emergency medical services. In total they have each received more then 210 hours of training. T hat training provided the knowledge, skills, and abilities to successfully pass four certification tests (written and practical) Firefighter 1 and 2, Hazardous Materials Operations, and Emergency Medical Responder. Following the initial training period (academy) they have been responding as a probationary firefighters, continuing their education and gaining hands-on experience. We would now like to mark the end of their probationary period with this introduction, oath of office, and badge presentation. Please join me in congratulating Patrick, Gabe, Luke, and J on on the presentation of their Firefighter's badges. Immediately following; we will convene to the McIntosh room for a light reception. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 5.C. C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:Regular Agenda Description: A dopt Resolution Approving A pple Valley S quare 6th Addition P reliminary P lat S taff Contact: A lex Sharpe, P lanner and E conomic Development S pecialist D epartment / Division: C ommunity D evelopment Department Applicant: T L M Realty, L L C P roject Number: P C18-34S F Applicant Date: 11/8/2018 60 Days: 1/7/2019 120 Days: 3/8/2019 AC T I O N RE Q UE S T E D: Adopt resolution approving preliminary plat for Apple Valley Square 6th Addition. S UM M ARY: T LM Realty Holdings, LLC , is requesting approval of a preliminary plat to create a 22,690 sq. ft. lot in front of the Burlington C oat Factory and Aldi at the Apple Valley Square site. T he applicant has applied for the final plat of the proposed lot, and is currently working with the City Attorney on a development agreement. At this time, the applicant has not applied for, and is not seeking approval of a site plan and building permit authorization. T he applicant intends to apply for a site plan and building permit authorization at a later date when a user has been identified. T his will require the project to be reviewed by the Planning Commission and C ity C ouncil with finalized site plans, building elevations, landscaping, etc. T his is not the typical process for the C ity, however, is it permitted by code and has been reviewed by the C ity Attorney. Staff has reviewed the preliminary plat with a potential building and use to ensure the lot can support development. T he site of the proposed lot is in the northeast corner of Lot 2, Block 1, Apple Valley Square 4th addition. T his is directly north of the Arby's and east of the Burlington C oat Factory. T he potential building is 2,500 sq. ft. and is proposed to remain zoned "RB" retail business. T he applicant has determined that any potential building will be approximately this square footage so that the C ity is able to provide the best analysis. T he public hearing was held on D ecember 19, 2018 at the Planning C ommission for the preliminary plat. At the request of the neighboring property owner, Regency C enters, the hearing was held open to J anuary 16, 2019. At that meeting, Regency C enters expressed their concerns over the development and submitted a letter requesting that the Planning Commission deny the applicant's request, stating that the proposed pad site be moved farther south due to a shared parking and access agreement between the two properties. Prior to the meeting the City Attorney reviewed Regency Center's letter/request. T he Attorney found that Regency's concerns were a private property dispute and should not be considered in the C ity's decision to subdivide the land through preliminary plat. T he Regency Center letter, C ity Attorney response, and applicant response are attached to this report for reference. After review of the City Attorney's letter, and hearing responses from staff, the applicant, and Regency C enters, the Planning Commission unanimously recommended approval of the preliminary plat on J anuary 16, 2019. T he final plat review will be forthcoming as the public and private utilities serving the new parcel, and the existing site (Aldi/Burlington) are finalized. B AC K G RO UND : Staff Response to Regency Center L etter: T he two primary concerns noted in the letter are a private cross parking agreement, and the sight lines from C edar Ave. Staff has reviewed the existing and new lots and found that the number of parking stalls will remain at 388 spaces. Additional parking stalls are gained by realigning the parking to be 90 degrees vs. the 45 degree current configuration. Site lines are not reviewed by the C ity, nor are they regulated by C ity C ode. T he C ity Attorney has also addressed the neighboring property owner's concerns through his attached letter. Comprehensiv e P lan and Zoning: T he subject property is currently designated "C" (Commercial) on the 2030 C omprehensive Plan Land Use Map. T he commercial designation includes a wide variety of retail, office, and service uses that vary in intensity and off-site impacts.T he site is zoned "RB" Retail Business, which will determine the permitted and conditional uses for the proposed structure. T he Retail Business zone is centrally located and serves to provide general retail sales in the community. As a user has not been identified, the proposed use will be evaluated with an application for a site plan and building permit authorization at a later date. Site P lan/P lat: A site plan and building permit authorization is not being applied for as part of this application. However, preliminary evaluation by staff has been completed to offer direction for a future application when the subdivision is approved that can guide development. T he total building coverage permitted by code in the "RB" retail business zone is 35%. T he existing lot is 302,473 sq. ft. with a building footprint of 88,737 sq. ft. or 29% building coverage. T he proposed lot is 22,609 sq. ft. with a 2,500 sq. ft. building or 11% building coverage. By reducing the existing lot size with the creation of the new lot the existing lot would become 279,864 sq. ft. and have a building coverage of 32%. P arking: T he total parking required for the existing and proposed parcel is 388 stalls, which are being provided on site. T he new lot shall obtain cross parking agreements with the existing lot for overflow parking. Staff has evaluated the parking requirement based on full use of the site, rather than the current uses in the event of an additional tenant, or redevelopment of the existing building in the future. Landscape P lan: T he landscape plan identifies a variety of plantings in new landscape islands on the adjacent parcel (Aldi/Burlington). T hese landscape islands are required as part of a redevelopment of the existing parking lot to bring it into code compliance. T he new parcel is required to install landscaping at 2.5% of the means cost of construction of the proposed building. Due to the small size of the lot, and the high amount of impervious surface, staff believes a challenge exists to meet the landscaping requirements. If the applicant submits an application for a site plan and building permit authorization, the site will be required to meet code requirements. However, in the past, the C ity has permitted d ev e lo pme nt s with limited green space to install improved exterior features such as decorative stamped concrete, public art, and decorative murals to meet the landscaping requirements. Strategies such as these could be combined to achieve the 2.5% of building cost landscaping requirement. Av ailability of Municipal Utilities: T he C ity Engineer has reviewed the utility plans and his comments are contained in his attached memo. New utility lines are anticipated to be public as they will serve multiple lots and users. T he final plat will include dedicated easements to reflect the new municipal utilities. Staff and the applicant are currently working towards determining which utilities will remain private, if any. Street Classifications/Accesses/Circulation: T he property is located adjacent to C edar Avenue to the west, and private drives to the north and east. No access shall be allowed from C edar Avenue. A cross access/parking easement between this property and the lot to the south will provide additional access to the site. P edestrian Access: A sidewalk connection from the proposed building to the Cedar Ave trail is proposed and will be required as part of the site plan and building permit authorization. B UD G E T I M PAC T: Park dedication is required as part of the creation of this lot. Park dedication will be addressed in the development agreement being prepared following action on the preliminary plat. AT TAC HM E NT S: R esolution Area Map C omp Plan Map Z oning Map Preliminary P lat Memo C orrespondence C orrespondence C orrespondence Presentation CITY OF APPLE VALLEY RESOLUTION NO. 2019- PRELIMINARY PLAT APPROVAL APPLE VALLEY SQUARE 6TH 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 December 19, 2018 and January 16, 2019; and WHEREAS, the City Planning Commission reviewed the preliminary plat for conformance with the standards of Chapter 153 of the City Code and made a recommendation regarding its approval on January 16, 2019, subject to conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the preliminary plat for the following described plat of land is hereby approved for a two year period, to wit: APPLE VALLEY SQUARE 6TH ADDITION BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said preliminary plat approval is subject to the following conditions, which shall be incorporated into a development agreement to be considered for approval at the time of submission of the request for final plat approval: 1. Park dedication shall be calculated and required at the time of Site Plan and Building Permit Authorization and shall be paid prior to the issuance of a building permit. This shall be noted in the developer's agreement. 2. A cross parking agreement shall be filed with the city between Lot 2, Block 1, Apple Valley Square 4th Addition and Lot 1, Block 1, Apple Valley Square 6th Addition and shall be noted in the developer's agreement. 3. Installation of municipal sanitary sewer, water, storm sewer, and street improvements as necessary to serve the plat, constructed in accordance with adopted City standards, including the acquisition of any necessary easements outside the boundaries of the plat which are needed to install connections to said necessary improvements. The Developer shall enter into an agreement with the City for payment of the design of said municipal improvements. 4. Submission of a final grading plan and lot elevations with erosion control procedures, to be reviewed and approved by the City Engineer. If the site is one (1) or more acres in size the applicant shall also submit a copy of the of the General Storm Water 2 Permit approval from the Minnesota Pollution Control Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100. regarding the State NPDES Permit prior to commencement of grading activity. 5. Earthmoving activities shall be limited to the hours 6:30 a.m. to 5:30 p.m. Monday through Friday. 6. The City shall receive a hold harmless agreement in favor of the City as drafted by the City Attorney and incorporated into the subdivision agreement. 7. The final plat shall be recorded with the County prior to the issuance of a building permit. 8. Subject to all conditions noted in the City Engineer's memo dated January 10, 2019. 9. A Site Plan and Building Permit Authorization shall be approved prior to approval of a building permit. 10. Installation of municipal sanitary sewer, water, storm sewer, and street improvements as necessary to serve the plat, constructed in accordance with adopted City standards, including the acquisition of any necessary easements outside the boundaries of the plat which are needed to install connections to said necessary improvements. 11. Installation of pedestrian improvements in accordance with the City's adopted Trail and Sidewalk Policies, to consist of six foot (6') wide concrete sidewalks. 12. Submission of a final grading plan and lot elevations with erosion control procedures, to be reviewed and approved by the City Engineer. If the site is one (1) or more acres in size the applicant shall also submit a copy of the of the General Storm Water Permit approval from the Minnesota Pollution Control Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100. regarding the State NPDES Permit prior to commencement of grading activity. 13. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. ADOPTED this 14th day of March, 2019. __________________________________ Mary Hamann-Roland, Mayor 3 ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on ___________ ___, 20____, the original of which is in my possession, dated this _____day of ______________________, 20__ . ____________________________________ Pamela J. Gackstetter, City Clerk Apple Valley Square µ LOCATION MAP ^ 153 RD ST W CEDAR AVECEDAR AVEProp osed New Lot TLM Realty µComprehensive Plan Designation Map ^ C LD MD INS CEDAR AVE153RD S T W PENNOCK LNWHITNEY DR CEDAR AVE TLM Realty µ Zoning Map ^CEDAR AVE153RD S T W PENNOCK LNWHITNEY DR CEDAR AVEM- RB PD- M-6C PD-244 PROPOSEDRETAIL2,500 SFFFE=955.5'PROPOSED 20'SANITARY EASEMENTMag NailLOT 2153RD STREET1/2" Ironrls 24332Chiseled "x"1/2" IronChiseled "x"NailChiseled "x"Chiseled "x"80 FOOT R/W{Group Health Plan Inc.}Utility Easement per platUtility Easementper Doc. No. ___________Utility Easementper plat 1010{City of Apple Valley}Utility Easementper platUtility Easementper plat CEDAR AVENUE (CO. RD. NO. 23) 150 FOOT R/WUtility Easement Vacatedper Doc. No. 3128105GMCart Corral SignRetaining WallRetaining Wall Storm Drain GMRetaining Wall Utility Easementper plat20 Utility Easementper plat15 Utility Easementper plat15 10 EAST 295.00NORTH40.00 EAST 387.92EAST 195.49N00°06'16"W 310.00 NORTH 210.00EAST 488.00SOUTH 480.00 10Trail and Utility Easement per R/W Plat and Doc. No. 3029291 152020Common Wall15 157.00144.52 157.00144.52 --SITEAPPLE VALLEY SQUARE 6TH ADDITIONBEARING NOTE:For the purposes of this plat the West line of Lot 2, Block 1, APPLEVALLEY SQUARE 4TH ADDITION, Dakota County, Minnesota isassumed to bear South.SEC. 33, TWP. 115, RGE. 20VICINITY MAP(NOT TO SCALE)City Apple Valley, Dakota County, MNNW 1/4N E 1 / 4 S E 1 / 4SW 1/4SITE50100EXISTING LEGAL DESCRIPTION:(per Title No. 51976)Lot 2, Block 1, Apple Valley Square 4th Addition, Dakota County, Minnesota.Together with any easements as set forth in that certain Declaration, datedOctober 1, 1982, recorded November 12, 1982 as Document No. 611320; asamended by First Amendment to Declaration dated June 11, 1986, recordedJune 30, 1986 as Document No. 732565 in the Office of the County Recorderin and for Dakota County, Minnesota.OWNERS / DEVELOPERS:SURVEYOR:Apple Valley Minnesota Realty LLCISG7300 147th Street West7900 International DriveSuite 402Suite 550Apple Valley, MN 55124Minneapolis, MN 55425952-222-3939 952-426-0699 AREA TABLE:Existing:Lot 2, Block 1 = 302,473 sq. ft. - 6.94 acresProposed New Lot:Lot 1, Block 1 = 279,783 sq. ft. - 6.42 acresLot 2, Block 1 = 22,690 sq. ft. - 0.52 acresEXISTING PROPERTY:ZONED: RB - Retail Business(Per City of Apple Valley website)Building SetbacksFront = 50 feetSide = 15 feetRear = 15 feetStreet = 30 feetParking SetbacksFront = 15 feetSide = 5 feetRear = 5 feetStreet = 20 feetParking Data:385 Total Stalls12 HandicappedBENCHMARK:Onsite benchmark is top nut of hydrant located on the west side of the parking lot,37.5' south and 40.5' east of the sw planter box corner.Elev=955.12 (NAVD88).Offsite benchmark is MnDOT monument VALLEY, Elev=947.895 (NAVD88).FLOOD ZONE:The flood zone classification/limits depicted hereon, if any, are subject to map scaleuncertainty. The surveyed property shown on this survey map is in Flood Zone X,according to Flood Insurance Rate Map Community Panel No. 27037C0201E,published by the Federal Emergency Management Agency, effective dateDecember 2, 2011. CITY OF MEMO Public Works TO: Alex Sharpe, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: January 10, 2019 SUBJECT: TLM – Burlington Pad Site. General 1. Provide a narrative and site plan showing how the site will be developed and any impacts prior to building permit authorization. The narrative and plan shall include the following: a. Material storage and staging i. All material storage to be onsite and indicated on plan. b. Haul routes to and from the site. c. Contractor and subcontractor parking locations i. Onsite trade parking should be provided. Permits 2. A Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge Elimination System (NPDES) permit is required for any project that disturbs more than one acre. 3. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 4. Provide a copy of the executed MPCA sanitary sewer extension permit prior to construction. 5. Provide a copy of the approval letter from the Department of Labor and Industry (DOLI) prior to construction. 6. Provide a copy of any other required permits. Site 7. This plan is intended to be for the development of the proposed retail at Lot 1 Block 1, however, numerous improvements are shown on private property of Lot 2 Block 1 of Apple Valley Square 4th Addition: islands are shown as being constructed throughout the parking lot, the entire parking layout is being revised, and plantings are shown throughout the property. 8. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Grading, Drainage and Erosion Control 9. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer 10. Final sanitary sewer design shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer is as shown shall be part of a public improvement project and shall be included in drainage and utility easement. Watermain 11. Domestic water and fire service shall be split outside the existing building and the valves shall be located 1.5 times the height of the building away from the building or placed in location readily accessible per City of Apple Valley standard detail plate SER-6. 12. Final watermain design shall be reviewed with the construction plans and approved by City Engineer. Storm Sewer 13. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Landscape and Natural Resources 14. The original proposed planting plan indicated 22 trees outside the boundary of this parcel, with no plantings or details on landscaping available around the building. The revised planting plan provides 27 trees with 5 on the parcel and 22 on the surrounding parcel. The revised plan also includes some additional green space with perennials and shrubs around the building. a. The quantities of the shrubs and perennials could be more balanced or diversified. For example, 1 Blue Fescue is specified while 55 Feather Reed Grass are specified. Same comment for the shrubs. 15. Existing elms along Cedar Avenue shall be protected throughout construction. JEFFREY S.JOHNSON RUSSELL H.CROWDER JON I'ERICKSON MICHAEL F.HURLEY DOUGLAS-G SAUTER HERMAN L.TALLE CHARLES M SEYKORA DANIEL D.GANTER,JR. BEVERLY K.DODGE JAMES D HOEFT •JOANM QUADE MOUNT.IUIC1IMAN SCOTT M.LEPAK STEVEN G.THORSON ELIZABETH A.SC'IIADING Also licensed in Wisconsin Barna,Guzy &Steffen,Ltd. ATTORNEYS AT LAW 200 Coon Rapids Boulevard NW.Suite 400 Minneapolis.Minnesota 55433-5894 www.bgs.com (763)780-8500 FAX (763)780-1777 1-800-422-3486 WILLIAM F HUEFNER BRADLEY A.KLETSCHER riMOTHY D.ERB KAREN K.KURTH ADRIEL B.VILLARREAL TAMMY J.SCHEMMEL JENNIFER C MOREAU DAVID R.SCHAPS THOMAS R.WENTZELL CAROLE C.ISAKSON LINDSAY K.FISCHBACH NICOLE R.WIEBOLD TYLER W.EUBANK ANDREW C.THOMPSON THOMAS M.CATURIA OFCOUNSEL W.JAMES VOGL,JR JAMES II.WILLS Writer's Direct Line:(763)783-5156 E-Mail Address:athompson@bgs.com January 4,2019 U.S.MAIL and EMAIL Alex Sharpe City of Apple Valley Community Development Department 7100 147th St.W. Apple Valley.MN 55124 asharpe@cityorapplevalley.org Re:Planning Commission Public Hearing.January 16.2019 (7:00 P.M.) Objection to Petition of TLM Realty Holdings,LLC -PC18-34-SF Our Client:Regency Centers Corporation Our File:6698T-003 Dear Mr.Sharpe: Barna,Guzy &Steffen,Ltd.("BGS")represents Regency Centers Corporation ("Regency"). Regency,through CAR Apple Valley Square LLC.owns the property commonly known as the Apple Valley Square Shopping Center and legally described as Lots 1, 2, and 3 all in Block 1, Apple Valley Square 5th Addition.Apple Valley.Minnesota.I am writing in regards to TLM Realty Holdings,LLC's ("TLM")petition for approval of a preliminary and final plat to subdivide Lot 2, Block 1,Apple Valley Square 4th Addition,containing a Burlington Coat Factory and Aldi. to create an additional 22.690 square foot subdivision,which would be platted as Lot 1. Block 1. Apple Valley Square 6th Addition. For your orientation,attached as Exhibit A is an aerial image of the Apple Valley Square Shopping Center site depicting Regency and TLM*s property and the approximate location of TLM"s proposed subdivision. This letter is Regency's formal objection to TLM*s proposed subdivision.For clarity. Regency generally supports TLM's development of a small. 2,500 square foot retail building on TLM's parking lot,however.Regency's objection to TLM's plan,as currently proposed,is that the location of the subdivision and proposed building will create long-term parking issues for both TLM's and Regency's properties. It should be noted that Regencyand TLM have easements over each other's properties for vehicular and pedestrian use as well as shared parking rights which have been in place since the original development.Existing and future tenants of both properties rely on the An EOE/AA Employer 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 953-8847 Direct (962) 432-3136 Office (952) 432-3780 Fax MDougherty@dmshb.com Email www.dmshb.com ( 9 5 2 ) 4 3 2 - 3 1 3 6 P h o n e ( 9 5 2 ) 4 3 2 - 3 7 8 0 F a x MEMORANDUM To: Alex Sharpe, Apple Valley Planning From: Michael G. Dougherty, City Attorney Date: January 10, 2019 Re: TLM Realty Holdings’ Preliminary Subdivision Application ______________________________________________________________________________ In response to your inquiry, our office has received and reviewed the letter submitted by attorney, Andrew Thompson, on behalf of Regency Centers Corporation objecting to the application submitted by TLM Realty Holdings for a preliminary subdivision approval. Included with Mr. Thompson’s letter were Declarations, and an amendment thereto, which govern access and parking affecting the properties owned by Regency as well as the property owned by TLM. It is our opinion that while the Declarations may affect the individual rights and obligations of Regency and TLM, the Declarations do not bear upon whether the applicant has met the City Code provisions regulating subdivisions. There is a presumption that a city acted arbitrarily and capriciously if it were to deny an application that complies with city code requirements unless the city articulates a rational basis to deny the application in furtherance of health, safety, and welfare. Mr. Thompson’s letter cites to two particular issues as a basis for Regency’s objections: extension of a landscape island and sight lines. While the extension of a landscape island is reflected in the materials submitted by TLM, there is nothing to suggest that the extension of the island is a result of the application or that it could not be installed but for the subdivision. Mr. Thompson does not state that TLM could not independently extend the landscape island absent the city’s approval of the subdivision. If TLM has authority to extend the landscape island, it may choose to do so with or without subdivision approval. As to the issue of sight line, while it may be true that the sight line from Cedar Avenue to Regency’s tenant would improve if the proposed lot were shifted to the south, the City Code makes no provision for maintaining sight lines to facilities within the City as a precondition to subdivision. Mr. Thompson asserts in his letter that a building on the proposed lot would diminish the value of Regency’s properties. However, absent tangible and credible evidence that the value of Regency’s properties would be diminished due to the lack of a clear sight line, the record is void of any independent health, safety, or welfare impact related to the sight line. Mr. Thompson’s assertion in his letter does not amount to such evidence. ‘1, S TINSON L EONARD STREET J anuary 10, 2019 Via Electronic Mail and U.S. Mail Alex Sharpe City of Apple Valley Community Development Department 7100 147th St. W. A pple Valley, MN 55124 asharpe@cityofapplevalley.orq Marc Simpson 612.335.1504 DIRECT m arc.simpson@stinson.com Re: Planning Commission Public Hearing, January 16, 2019, Petition of TLM Realty Holdings, LLC - PC18-34-SF O ur Clients: Apple Valley Minnesota Realty, LLC and TLM Realty Holdings, LLC Dear Mr. Sharpe: We represent the above-referenced clients in connection with the Petition of TLM Realty H oldings, LLC - PC18-34-SF (the "Petition"). We acknowledge receipt of Regency Centers Corporation's objection to the Petition sent by the Barna, Guzy & Steffen law firm dated J anuary 4, 2019. We are writing to urge the Planning Commission to approve the Petition on January 16, 2019, d espite Regency's objection. My clients disagree with the assertions set forth in the objection l etter that Regency will experience any access or parking issues as a result of the requested subdivision or that the visibility of the Apple Valley Shopping Center from Cedar Avenue will be impacted in any meaningful way by a small building that may be constructed on the s ubdivided parcel. M ore importantly, the objection raised by Regency raises issues arising out of a private agreement between the owners of the parcels making up Apple Valley Square. The City is not a party to this agreement. The City's sole role in deciding to approve the subdivision is whether the subdivision will comply with City ordinances. Since the subdivision complies with those ordinances, approval should be granted. If Regency somehow believes that my clients have violated the terms of the private agreement between the owners, that is a matter Regency s hould raise with my clients, not the City. Please let me know if you have any questions about this letter. We look forward to the Planning Commission's expected approval of the Petition on January 16, 2019. S TINSON.COM 1 50159977.1 50 SOUTH SIXTH STREET, SUITE 2600 • MINNEAPOLIS, MN 55402 6 12.335.1500 MAIN • 612.335.1657 FAX Alex Sharpe J anuary 10, 2019 Page 2 Sincerely, Stinson Leonard Street LLP M arc Simpson M DS:SDM 1 50159977.1 TLM Realty Site Subdivision Requested Actions •Adopt Resolution Approving the Preliminary Plat for Apple Valley Square 6th Addition Site Location Site Details Proposed New Lot Comprehensive Plan Zoning Map Site Oblique Aerials SITE Proposed New Parcel Preliminary Plat Site Plan Utility Plan Landscape Plan Requested Actions •Adopt Resolution Approving the Preliminary Plat for Apple Valley Square 6th Addition Questions? I T E M: 5.D. C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:Regular Agenda Description: A dopt Resolution Appointing Member to F ill Vacancy on Urban A ffairs A dvisory Committee with Term Expiring March 1, 2021 S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Adopt the resolution appointing the member to the Urban Affairs Advisory C ommittee for a term expiring March 1, 2021. S UM M ARY: Seven applications for the Urban A ffairs A dvisory C ommittee were received by the deadline and provided to you under separate cover. Listed below are the names of the individuals interested in serving on the Urban Affairs Advisory C ommittee. Ann Arens Anthony C ontino J oel Engel David G ugino Milo Holsten J amison Kortas Hue N guyen T here is one vacancy. T his appointment has a three-year term expiring March 1, 2021. If the C ity Council would like to proceed with filling the vacancy, ballots will be distributed. Following the balloting process, a motion should be made adopting the resolution appointing the individual to the C ommittee. B AC K G RO UND : On J anuary 24, 2019, the City C ouncil authorized accepting applications to fill the Urban Affairs Advisory C ommittee vacancy through March 1, 2021. A copy of the resolution establishing procedures for appointing committee members is attached for your reference. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material R esolution Presentation Presentation CITY OF APPLE VALLEY RESOLUTION NO. 1997-165 A RESOLUTION ESTABLISHING A PROCEDURE FOR APPOINTMENT TO FILL POSITIONS ON COMMISSIONS AND COMMITTEES WHEREAS, the City Council has established advisory commissions and committees whose members are appointed by the Council and any vacancies during a term are also filled by Council appointment, and WHEREAS, the City Council desires to establish a written procedure by which to make such appointments, and WHEREAS, this procedure will be used as a preliminary process and not a binding Council action; further Council action, by motion, will be necessary to appoint candidates for the positions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following procedure will be used to reduce the number of candidates considered by the Council in making appointments to advisory commissions and committees and to fill any vacancies thereon: 1. The Mayor will call for nominations for a position or positions from the Councilmembers. 2. A nominee may decline the nomination at any point up to the time that nominations are closed. 3. When no further nominations are offered, the Mayor will close nominations. 4. If the number of nominations is equal to the number of positions to be filled, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint ________________to the position of _________________." Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. 5. If the number of nominations is greater than the number of positions to be filled, a written roster will be prepared listing the nominees and the Council shall proceed in the following manner: a) On the first round, and any subsequent rounds, each Councilmember shall, in writing, select that certain number of names which is one less than the total number of the names appearing. b) After the City Clerk has received the selection from each Councilmember, the City Clerk shall record the selection and announce the remaining names. c) Any name or names not having been selected by more than two of the Councilmembers shall be stricken by the City Clerk from the succeeding round and shall no longer appear as a name(s) to be considered by the Council; except that, if after selection by the Council there results a tie between or among all the names appearing on the round, the Council, in writing shall again select until one or more names have been stricken; provided, however, that if such a situation exists, the Council shall not reselect more than three times. In such a situation, the process shall end. Otherwise, the process shall end when only one name remains. d) After the process has ended, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint _______________ to the position of _________________.” Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. ADOPTED this 10th day of July, 1997. /s/ Gary L. Humphrey Gary L. Humphrey, Mayor ATTEST: /s/ Mary E. Mueller Mary E. Mueller, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2019- RESOLUTION APPOINTING URBAN AFFAIRS ADVISORY COMMITTEE MEMBER WHEREAS, Section 32.02 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Urban Affairs Advisory Committee; and WHEREAS, a vacancy now exists on the Urban Affairs Advisory Committee due to the resignation of Thomas Adamini. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that __________________ is hereby appointed to the Urban Affairs Advisory Committee for a term expiring March 1, 2021. BE IT FURTHER RESOLVED that members of the Urban Affairs Advisory Committee are then as follows: Name Term Expires 1. Pamela Sohlberg March 1, 2020 2. John Vegter March 1, 2020 3. Sharon Schwartz March 1, 2021 4. VACANT March 1, 2021 5. Linda Blake March 1, 2022 6. Sandy Breuer March 1, 2022 7. Walton Mahlum March 1, 2022 ADOPTED this 14th day of March, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk PLUGGED STORM DRAINS -FLOODING 2019 TREE SALE IN FULL SWING •Available on-line via the City website •Pick-up date is Saturday, April 27th –8am to 11am at Central Maintenance Facility •7 varieties of bare-root trees & 4 varieties of shrubs left •70% of supply sold 3/15/2019 1 Water Meter  Change‐out Program Meter Change‐out Program •Status Update •1,089 installed , + 374  appointments made  •Next area: •East of Galaxie, West of  Johnny Cake, South of  Zoo, North of 140th •Future Customer Improvements •Customer Portal Completed, 1,089 , 7% Appt. Made, 374 , 2% Remaining, 14,861 , 91% Meter Change-out Progress 3/15/2019 2 Next Area to  Start Water Meter  Replacement  Program Update 3‐14‐19 Customer Preparation •Arrange access to meter •Test operation of shut off valves  •Both before and after meter •Currently 130 meters on hold – 105 related to valves •Watch for information on making appointments 3/15/2019 3 Benefit of Customer Portal  •Alerts placed into hands of customers •tailored to their preferences •Currently staff is notifying customers of significant issues AMI System Alerts‐ Continuous Use Solved I T E M: 7. C O UNC I L ME E T I NG D AT E:March 14, 2019 S E C T I O N:Calendar of Upcoming E vents Description: A pprove Calendar of Upcoming Events S taff Contact: S tephanie Marschall, Deputy City Clerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the C ity Council. S UM M ARY: Day/Date Time L ocation E v ent Wed./Mar. 13 7:00 p.m.Municipal C enter Traffic Safety Advisory C ommittee Meeting T hur./Mar. 14 5:00-7:00 p.m.T hink Mutual Bank C hamber Business After Hours T hur./Mar. 14 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting T hur./Mar. 14 7:00 p.m.Municipal C enter Regular C ity Council Meeting Sat./Mar. 16 6:00-9:00 p.m. Bogart’s Entertainment C enter A pple Valley Arts Foundation Frozen Apple Concert Series Wed./Mar. 20 12:00-1:00 p.m.T BD C hamber Mystery Luncheon Wed./Mar. 20 7:00 p.m.Municipal C enter Planning C ommission Meeting C A N C ELED Tue./Mar. 26 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee Meeting Wed./Mar. 27 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting T hur./Mar. 28 6:00 p.m.Municipal C enter ED A Meeting T hur./Mar. 28 7:00 p.m.Municipal C enter Regular C ity Council Meeting Tue./Apr. 2 7:30-9:00 a.m.Orchard Path C hamber C offee C onnection Wed./Apr. 3 7:00 p.m.Municipal C enter Planning C ommission Meeting Sat./Apr. 6 9:00 a.m.-3:00 p.m. Eastview High School A pple Valley Home & Garden Expo T hur./Apr. 11 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting T hur./Apr. 11 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 C ouncil, the purpose being informational or social gathering. Only events marked with an asterisk (*) will any action of the Council take place. B UD G E T I M PAC T: N/A