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Home My WebLink About01/09/2020 Meeting M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 January 9, 2020 C IT Y C O UN C IL IN F O RMA L MEET IN G T EN TAT IVE D ISC US SIO N IT EMS 5:30 P M 1.C ouncil Discussion Items (10 min.) 2.Discuss 2020 Legislative Policies (50 min.) 3.Update on C SA H 42 Study and Roundabout Feasibility Study for 140th/Diamond Path (15 min.) 4.Adjourn C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A 7:00 P M 1.C all to Order and Pledge 2.Approve Agenda 3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda 4.Approve C onsent Agenda Items C onsent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda f or consideration. A.Approve Minutes of December 26, 2019, Regular Meeting B.Approve Changes in Officer and Manager for Blazin Wings, Inc., d/b/a Buffalo Wild Wings, in Connection with On-Sale Liquor Licenses at 14658 C edar Avenue, Ste. D C .Adopt Resolution Designating Dakota C ounty Tribune as Official Newspaper for 2020 D.Adopt Resolution Designating the C ity's Website as Official Website for Disseminating Solicitations of Transportation Project Bids in 2020 E.Adopt Resolution Designating U.S. Bank N A as Official Depository for City Funds in 2020 F.Adopt Resolution Designating Additional Depositories and Financial Security Dealers for City Funds in 2020 G.Adopt Resolution Designating U.S. Bank Institutional Trust as Safekeeping Custodian H.Adopt Resolution Authorizing C ity Clerk to Appoint Deputy City Clerks for 2020 Election Administration I.Appoint Statutory Members to Apple Valley Firefighters Relief Association (AVFRA) Board of Trustees for 2020 J .Approve Valleywood Golf C ourse Fees for 2020 K.Apple Valley C onvention and Visitors Bureau (C VB) 1. Extend Agreement with Apple Valley C hamber of C ommerce to Administer the C VB through December 31, 2020 2. Approve 2020 Budget and Marketing Plan L.Adopt Resolution Directing Preparation of Plans and Specifications for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter M.Approve Encroachment Agreement with Magellan Pipeline Company L.P., for Project 2019-107, Menards Street and Utility Improvements N.Approve Agreement with Sav-A-Tree, LLC , for Project 2020-109, 2020 Right-of-Way Tree Pruning O.Approve Personnel Report P.Approve Claims and Bills 5.Regular Agenda Items A.Proclaim February 1, 2020, as “Apple Valley Mid-Winter Fest” B.Adopt Resolution Appointing Acting Mayor for 2020 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Reminder: C ity Of fices are closed Monday J anuary 20, 2020, in Observance of Martin Luther K ing Day Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the C ity's website at www.cityof applevalley.org I T E M: 2. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:I nformal A genda I tem Description: Discuss 2020 L egislative Policies (50 min.) S taff Contact: Tom L awell, City A dministrator Department / Division: A dministration Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: Council should discuss 2020 legislative policies with our local legislative delegation and advocate for those issues deemed most important to our community. T hose invited to attend are State Senator Greg C lausen, State Representative Robert Bierman and State Representative J ohn Huot. T he 2020 legislative session is scheduled to begin on February 11, 2020, and will end no later than May 18, 2020. As the Council is aware, the C ity of Apple Valley is a member of three separate organizations that work to advance legislative topics of interest to cities. T hese include the League of Minnesota C ities, Metro C ities, and the Municipal Legislative Commission. At our December 12, 2019, informal meeting, full copies of the legislative policies from each organization were distributed. Given the length of the policy documents, they are not being copied again with this packet. If you wish, please bring them with you to the meeting. If you need another copy, please let me know. At our last informal meeting, we focused on eight key Legislative Policy Priorities for 2020 and also renewed our support for six Core Legislative Principles which we have maintained for many years. A copy of a document summarizing these policies and principles is attached. At our J anuary 9 informal meeting, the intent would be to present this information to our legislative delegation and discuss with them how best to proceed leading up to and during the 2020 session. B AC K G RO UND: T hroughout the summer, the three identified groups convened multiple policy review committees to consider policies for the upcoming session. As reviewed at our December 12 meeting, these documents include: 1) League of Minnesota Cities 2020 Legislative Policies (Adopted November 17, 2019) 2) Metro Cities 2020 Legislative Policies (Adopted November 14, 2019) 3) Municipal Legislative C ommission 2020 Legislative Policies (A dopted on December 4, 2019) Copies of these policies, along with this memo and attachments, are being provided to our legislative delegation in advance of our J anuary 9 discussion. Legislators are invited to attend the Municipal Legislative C ommission (MLC) annual Legislative Breakfast Meeting on Friday, February 7, at the Eagan C ommunity C enter from 7:30 to 9:30 a.m. MLC will be directly inviting our legislators to attend this event, but we should personally invite them as well when we meet on J anuary 9. Additionally, the League of Minnesota C ities will hold its 2020 Legislative C onference for Cities in St. Paul on March 18-19, 2020. Please let me or Stephanie Marschall know if you would like to attend. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Policy Presentation Budget Levy Limits and Local Control Oppose state limitations on local property tax levies. Support allowing local elected officials to make the best decisions to meet the needs of our local residents. Long-Term Transportation Funding Finish the Red Line. Support the construction of the missing northbound third lane on Cedar Avenue, the expansion of the Apple Valley Transit Station and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 147th Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program that provides competitive grants for construction projects on state highways that provide measurable economic benefits. Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Development Fees Support legislation that gives cities local control and the ability to impose infrastructure and permit fees sufficient to ensure that development standards are fully met and the cost of new development is not shifted onto existing taxpayers. Sales Tax Exemption on Construction Materials Support legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. Election Process Improvement by Expanding Early Voting and Protecting Privacy Support expansion of the time period for early voting. As shown in this last election, the opportunity to vote early is very popular. Early voting is less costly to administer in comparison to absentee voting. Currently State law limits early voting to only one week prior to the election and this should be extended to two weeks or longer. Since early voting is much more convenient, the timeline for in-person absentee voting should be reduced. Support revision to state law related to the Presidential Primary to better ensure privacy of voter information. Alcohol Distribution and Control Oppose legislation that would expand the sale of alcohol in grocery stores and other retail establishments. Such expansion would increase the likelihood of drunk driving and underage alcohol sales and consumption and would also have a detrimental economic impact on current off-sale retailers, including the City of Apple Valley. Modernize Data Practices Act Support changes to the Minnesota Data Practices Act to reflect today’s data intensive environment, protect municipalities from abusive or harassing requests and to compensate municipalities for overly broad and burdensome requests. Emerald Ash Borer Grant Assistance Support continued funding for community forestry in preparation/response to the Emerald ash borer (EAB) insect infestation. City of Apple Valley Legislative Policy Priorities for 2020 City of Apple Valley Core Legislative Principles January 2020 Local Control Local Mayors and City Councilmembers are duly elected by their citizens and are in the best position to make decisions on behalf of their community. They are accountable for their decisions. State legislative decisions should reflect this understanding and local officials should be allowed to do the jobs they have been elected to do. Unfunded Mandates The imposition of state mandates and programs on local governments without the provision of state funding is contrary to the concept of local control. Excessive reporting requirements should be identified and eliminated. Any function or activity mandated by the State upon local governments should be fully and continuously funded by the State. Spending and Tax Lids The imposition of taxing or spending limits on local governments is contrary to the spirit and effectiveness of our system of representative government. Local tax and spending policy decisions should be made locally. Blanket limitations imposed statewide will have unintended consequences and will affect the ability to deliver essential public services. Preserve Local Government Revenues The legislature should not withhold or seek to otherwise divert local funds into the State General Fund. Local policy makers must have the ability to generate and save sufficient revenues to cover the cost of day-to-day service delivery, as well as future capital costs. Job Creation and Promotion of Economic Growth The economic success of our state is tied directly to the economic success of our cities. Building strong cities takes a long-range coordinated effort that allows local leaders to make local economic development decisions based their communities’ vision for the future. The legislature should seek to maximize the number and type of economic development tools available to cities. Collaboration and Cooperation Local government jurisdictions within Dakota County have a long history of collaborating on ways to effectively and efficiently deliver necessary public services. The legislature should promote best management practices and provide incentives to further joint and collaborative practices around the state. 1/10/2020 1 2020 Legislative Policies January 9, 2020 Welcome Legislative Delegation Senator – District 57 Greg Clausen Representative District 57A Robert Bierman Representative District 57B John Huot 1/10/2020 2 2020 Legislative Session Begins on February 11, 2020 Ends No Later than May 18, 2020 Short Session Not Typically a “Budget Year” Is Typically a “Bonding Year” Tonight Opportunity for Council and Legislators to Discuss Legislative Policies and Strategize for Success 1/10/2020 3 2020 Legislative Policies League of Minnesota Cities 2020 Legislative Policies (Adopted November 7, 2019) Metro Cities 2020 Legislative Policies (Adopted November 14, 2019) Municipal Legislative Commission 2020 Legislative Policies (Adopted December 4, 2019) Very Comprehensive - Hundreds of Policies 1/10/2020 4 City of Apple Valley Legislative Policy Priorities Budget Levy Limits and Local Control Oppose state limitations on local property tax levies. Support allowing local elected officials to make the best decisions to meet the needs of our local residents. Long-Term Transportation Funding Finish the Red Line. Support the construction of the missing northbound third lane on Cedar Avenue, the expansion of the Apple Valley Transit Station and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 147th Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program. Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Development Fees Support legislation that gives cities the ability to impose infrastructure and permit fees so the cost of new development is not shifted onto existing taxpayers. City of Apple Valley Legislative Policy Priorities Budget Levy Limits and Local Control Oppose state limitations on local property tax levies. Support allowing local elected officials to make the best decisions to meet the needs of our local residents. Long-Term Transportation Funding Finish the Red Line. Support the construction of the missing northbound third lane on Cedar Avenue, the expansion of the Apple Valley Transit Station and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 147th Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program. Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Development Fees Support legislation that gives cities the ability to impose infrastructure and permit fees so the cost of new development is not shifted onto existing taxpayers. 1/10/2020 5 City of Apple Valley Legislative Policy Priorities Budget Levy Limits and Local Control Oppose state limitations on local property tax levies. Support allowing local elected officials to make the best decisions to meet the needs of our local residents. Long-Term Transportation Funding Finish the Red Line. Support the construction of the missing northbound third lane on Cedar Avenue, the expansion of the Apple Valley Transit Station and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 147th Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program. Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Development Fees Support legislation that gives cities the ability to impose infrastructure and permit fees so the cost of new development is not shifted onto existing taxpayers. City of Apple Valley Legislative Policy Priorities Budget Levy Limits and Local Control Oppose state limitations on local property tax levies. Support allowing local elected officials to make the best decisions to meet the needs of our local residents. Long-Term Transportation Funding Finish the Red Line. Support the construction of the missing northbound third lane on Cedar Avenue, the expansion of the Apple Valley Transit Station and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 147th Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program. Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Development Fees Support legislation that gives cities the ability to impose infrastructure and permit fees so the cost of new development is not shifted onto existing taxpayers. 1/10/2020 6 Pedestrian Skyway at 147th Street Bonding Request Submitted to Minnesota Office of Management and Budget July 2019 Minnesota House Capital Investment Committee Visited on October 21, 2019 City of Apple Valley Legislative Policy Priorities Budget Levy Limits and Local Control Oppose state limitations on local property tax levies. Support allowing local elected officials to make the best decisions to meet the needs of our local residents. Long-Term Transportation Funding Finish the Red Line. Support the construction of the missing northbound third lane on Cedar Avenue, the expansion of the Apple Valley Transit Station and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 147th Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program. Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Development Fees Support legislation that gives cities the ability to impose infrastructure and permit fees so the cost of new development is not shifted onto existing taxpayers. 1/10/2020 7 Development Fees League of Minnesota Cities believes the Builders Association of the Twin Cities (BATC) is attempting to bullying cities to increase builders’ profits. Being touted as a housing affordability issue- not true. Cities won’t sacrifice home safety and longevity so builders can make more money. There isn’t a one-size-fits-all approach to cities’ building development fees. Property taxpayers shouldn’t have to subsidize builders’ bills. Real Life Example: Home Built in 2018 in the Quarry Ponds 4th Addition From bare ground to a new $413,000 house in a new neighborhood. Total City Development and Building Expenses $16,905 1/10/2020 8 Bottom Line: Equates to 4.1% Costs are not excessive Costs are fair and necessary City of Apple Valley Legislative Policy Priorities Sales Tax Exemption on Construction Materials Support legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. Election Process Improvement by Expanding Early Voting and Protecting Privacy Support expansion of the time period for early voting. As shown in this last election, the opportunity to vote early is very popular. Early voting is less costly to administer in comparison to absentee voting. Currently State law limits early voting to only one week prior to the election and this should be extended to two weeks or longer. Since early voting is much more convenient, the timeline for in- person absentee voting should be reduced. Support revision to state law related to the Presidential Primary to better ensure privacy of voter information. Alcohol Distribution and Control Oppose legislation that would expand the sale of alcohol in grocery stores and other retail establishments. Such expansion would increase the likelihood of drunk driving and underage alcohol sales and consumption and would also have a detrimental economic impact on current off-sale retailers, including the City of Apple Valley. 1/10/2020 9 City of Apple Valley Legislative Policy Priorities Sales Tax Exemption on Construction Materials Support legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. Election Process Improvement by Expanding Early Voting and Protecting Privacy Support expansion of the time period for early voting. As shown in this last election, the opportunity to vote early is very popular. Early voting is less costly to administer in comparison to absentee voting. Currently State law limits early voting to only one week prior to the election and this should be extended to two weeks or longer. Since early voting is much more convenient, the timeline for in- person absentee voting should be reduced. Support revision to state law related to the Presidential Primary to better ensure privacy of voter information. Alcohol Distribution and Control Oppose legislation that would expand the sale of alcohol in grocery stores and other retail establishments. Such expansion would increase the likelihood of drunk driving and underage alcohol sales and consumption and would also have a detrimental economic impact on current off-sale retailers, including the City of Apple Valley. City of Apple Valley Legislative Policy Priorities Sales Tax Exemption on Construction Materials Support legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. Election Process Improvement by Expanding Early Voting and Protecting Privacy Support expansion of the time period for early voting. As shown in this last election, the opportunity to vote early is very popular. Early voting is less costly to administer in comparison to absentee voting. Currently State law limits early voting to only one week prior to the election and this should be extended to two weeks or longer. Since early voting is much more convenient, the timeline for in- person absentee voting should be reduced. Support revision to state law related to the Presidential Primary to better ensure privacy of voter information. Alcohol Distribution and Control Oppose legislation that would expand the sale of alcohol in grocery stores and other retail establishments. Such expansion would increase the likelihood of drunk driving and underage alcohol sales and consumption and would also have a detrimental economic impact on current off-sale retailers, including the City of Apple Valley. 1/10/2020 10 City of Apple Valley Legislative Policy Priorities Modernize Data Practices Act Support changes to the Minnesota Data Practices Act to reflect today’s data intensive environment, protect municipalities from abusive or harassing requests and to compensate municipalities for overly broad and burdensome requests. Emerald Ash Borer Grant Assistance Support continued funding for community forestry in preparation/response to the Emerald ash borer (EAB) insect infestation. City of Apple Valley Legislative Policy Priorities Modernize Data Practices Act Support changes to the Minnesota Data Practices Act to reflect today’s data intensive environment, protect municipalities from abusive or harassing requests and to compensate municipalities for overly broad and burdensome requests. Emerald Ash Borer Grant Assistance Support continued funding for community forestry in preparation/response to the Emerald ash borer (EAB) insect infestation. 1/10/2020 11 •Siting of Group Homes Further Discussion 1/10/2020 12 Mark Your Calendars… Municipal Legislative Commission Legislative Breakfast February 7, 2020 Eagan Community Center League of Minnesota Cities Legislative Conference March 18-19, 2020 St. Paul Thank You! I T E M: 3. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:I nformal A genda I tem Description: Update on C S A H 42 S tudy and Roundabout F easibility Study for 140th/Diamond P ath (15 min.) S taff Contact: Matt Saam, Public Works Director Department / Division: P ublic Works Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: At the J anuary 9th Informal C ouncil Meeting, Dakota C ounty staff member Doug Abere will be in attendance to provide an update to the C ouncil on the status of their upcoming C SA H 42 Study and their on-going Roundabout Study for 140th/Diamond Path. T here will be an opportunity for the C ouncil to ask questions of Mr. A bere at the conclusion of his presentation. B AC K G RO UND: Highway 42 Visioning Study – Starting Soon T he C ounty Highway 42 Visioning Study is a long-term 15-mile C orridor Study, from the County’s west border in Burnsville, through Apple Valley, to US Highway 52 in Rosemount (15 miles). Highway 42 is a principal arterial in the region’s highway system managed to balance efficient travel with limited access. T he Study will update a similar plan completed in 1999 to incorporate changes to the corridor since that time, and to consider current traffic and land uses based on 2040 C omprehensive Plans. T he work will provide a framework to guide future improvements along the corridor. Dakota C ounty is the lead agency for the Study, with participation from the C ities of Apple Valley, Burnsville, and Rosemount. T he Highway 42 Study is ready to begin at the end of J anuary 2020 and will take up to 18 months to complete. Diamond P ath/140th Roundabout F easibility Study – P ublic Meeting F ebruary 6 Near the end of 2019, Dakota C ounty began working with the cities of Apple Valley and Rosemount to address traffic and safety issues at the intersection of C ounty Road 33 (Diamond Path) and 140th Street/C onnemara Trail. Based on the traffic volumes and turns observed, the C ounty is considering the reconstruction of the intersection into a roundabout. T he current feasibility study will look closely at problems with maintaining the four-way stop and future design alternatives. T his work will also consider the possible restriping of 140th Street from Pilot Knob Road to Diamond Path and the potential for multi-use trails extending north of the intersection. T he team has scheduled a public open house meeting for T hursday, February 6, 4:30–6:30 p.m. at the Rosemount C ommunity C enter. T he timeline for future work anticipates final engineering design in 2021 and construction in 2022. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Presentation Presentation Presentation 1/9/2020 1 Efficient, Effective, Responsive County Highway 42 Visioning Study Introduction for Apple Valley City Council January 9, 2020 (Informal Meeting) Efficient, Effective, Responsive Background & Need for Study •County’s highest-volume E-W highway – last studied in 1999 •County traffic forecasts updated to 2040; changing land uses •Look at congestion, safety, and accommodations for pedestrians, bicyclists, and bus transit 1/9/2020 2 Efficient, Effective, Responsive •Update the long-range plan for Highway 42 •Work with communities to address local changes and visions; plan for long-term safety & mobility –Nearby residents and businesses –Motorists & trucks –Pedestrians & bicyclists –Transit riders •Respect community priorities and limit roadway expansion Unique Study & Issues Efficient, Effective, Responsive •Balance safety and mobility for all Hwy 42 users •Improve Hwy 42 crossings for pedestrians & bicyclists? Apple Valley Issues (1 of 2) (looking NE ‐ Redwood Dr to Elm Dr) 1/9/2020 3 Efficient, Effective, Responsive •Outdated infrastructure (signals, sidewalks, walls) •Focus on intersections; evaluate traffic patterns Apple Valley Issues (2 of 2) (Hayes Rd looking west) Efficient, Effective, Responsive •Burnsville –Burnsville Center Village Redevelopment –Orange Line Extension and other bus transit services –Crossings for peds, bikes, and motorists; trail gaps •Rosemount –Crossing of the UP Railroad (next to MN Hwy 3) –New growth/development; supporting roadways & access –Dakota County Technical College (DCTC) & vicinity Other Co Hwy 42 Issues 1/9/2020 4 Efficient, Effective, Responsive •Coordinate efforts to reflect County and City inputs •Reach out to invite all stakeholders •Use creative and engaging outreach methods How will we reach out toHwy 42 Cities and to the public? (Hayes Rd looking east) Efficient, Effective, Responsive What is the Visioning Study process & schedule? •16-18 month Study/contract schedule (to summer 2021) •Consider the varied settings & needs along Co Hwy 42 •Focus on short- to mid-term implementation planning Understand Community Priorities & Needs Establish Visions & Performance Goals Develop Updated Plan & Implementation Steps Understand Community Priorities & Needs Establish Visions & Performance Goals Develop Updated Plan & Implementation Steps 1/9/2020 5 Efficient, Effective, Responsive •January 14 & 21 – County Physical Development Committee and Board presentation of contract for approval •Study Kickoff; Public Involvement Plan •Study Advisory Committee •Technical efforts, closely integrated with community outreach What are the next steps? 1/9/2020 1 Efficient, Effective, Responsive Diamond Path (CR 33) & 140th/Connemara Roundabout Feasibility Study Introduction for Apple Valley City Council January 9, 2020 (Informal Meeting) Efficient, Effective, Responsive Roundabout Study CR 33 & 140th/ConnemaraIntersection Location & Traffic Volumes 1/9/2020 2 Efficient, Effective, Responsive Roundabout Study CR 33 & 140th/ConnemaraProject Goals ◦Improve Safety ◦Manage Traffic Growth ◦Understand Community Needs ◦Explore Proposed Roundabout Design, Related Issues ◦Meet Project Needs ◦Minimize Construction & Right‐Of‐Way Costs ◦Minimize and Identify Utility Conflicts ◦Transit Considerations (MVTA bus routes/stops) ◦Future Trail Extension to the North ◦Potential 3‐Lane Section on 140th St ◦Environmental Review Efficient, Effective, Responsive Roundabout Study CR 33 & 140th/ConnemaraOpen House – Feb. 6, 4:30-6:30pm (Postcard Invitation Mid-Jan) 1/9/2020 3 Efficient, Effective, Responsive Roundabout Study CR 33 & 140th/ConnemaraOutreach: Postcard (to ~1,250) & Social Media Efficient, Effective, Responsive Roundabout Study CR 33 & 140th/ConnemaraSafetyis the Main Focus 1/9/2020 4 Efficient, Effective, Responsive Roundabout Study CR 33 & 140th/ConnemaraPlanning & Design Issues Bus Service Utilities Roundabout Footprint Trails to North?Approach Roadways 140th St. (4 lanes)Connemara Tr. (3 lanes) Efficient, Effective, Responsive Roundabout Study CR 33 & 140th/ConnemaraFor More Information •www.co.dakota.mn.us (search for “County Road 33 Roundabout Study” •Doug Abere, Project Manager doug.abere@co.dakota.mn.us (952) 891-7101 1/10/2020 1 All Are Invited to Attend! I T E M: 4.A. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A pprove Minutes of December 26, 2019, Regular Meeting S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the minutes of the regular meeting of December 26, 2019. S UM M ARY: T he minutes from the last regular C ity C ouncil meeting are attached for your review and approval. B AC K G RO UND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Minutes CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2019 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 26, 2019, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, Parks and Recreation Director Bernstein, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, and Public Works Director Saam. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Hooppaw, approving the agenda for tonight’s meeting, as presented. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Goodwin, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of December 12, 2019, as written. Ayes - 4 - Nays - 0 - Abstain - 1 (Bergman). MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-169 accepting, with thanks, the donation of $200.00 from NuRise, LLC, d/b/a Senior Helpers, for use by Parks and Recreation Department. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2019 Page 2 MOTION: of Goodwin, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Boys Baseball Booster Club, for use on February 17, 2020, at Rascals Apple Valley Bar & Grill, 7721 147th Street W., and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Minnesota Darkhouse & Angling Association Metro Chapter, for use on March 21, 2020, at Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley Sons of the American Legion, Squadron 1776, for use on February 8, 2020, and April 11, 2020, at Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a change in officers and managers for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, in connection with the On-Sale Wine and 3.2 Percent Malt Liquor Licenses, at 7638 150th Street W., naming Helen Nicole Kaminski and Terry Lynn Keller as LLC Managers, and Emily Rose Gregor as General Manager, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving renewal and issuance of licenses and permits for 2020 to licensees, subject to receipt of the necessary documents, as attached to the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-170 committing December 31, 2019, fund balances for 2019 financial statement purposes. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-171 amending the 2020 budget for specific items and uncompleted 2019 projects. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-172 amending the 2019 Operating Budget for specific items. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving release of Natural Resources Management Permit financial guarantees for Cedar Park Elementary, Greenleaf Elementary, Apple Valley High School, Parkside Village - Galante Apartments, and Regents Point 2nd Addition, as listed in the Community Development Department Assistant’s memo. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2019 Page 3 MOTION: of Goodwin, seconded by Grendahl, approving procedures for administering City Hall – Lower Level Buildout Project change orders, as attached to the Assistant City Administrator’s memo. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing Project 2020-113, Longridge Reservoir Rehabilitation. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Water Efficiency Grant Agreement with the Metropolitan Council, as attached to the Public Works Director’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-173 approving the Mutual Police Assistance Agreement for enforcement of traffic safety laws. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the agreement for Project 2019- 164, Apple Valley Community Center Masonry Restoration and Grade Repairs, with Building Restoration Corporation, in the amount of $73,154.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the agreement for Project 2020- 114, 2020 Ash Tree Removals, with Birch Tree Care, in the amount of $32,985.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the agreement with Lemmie Jones, LLC, for Project 2019-158, Apple Valley Family Aquatic Center Wet Play Area Improvements - Installation, in the amount of an additional $2,000.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 2 to the agreement with SEH, Inc., for Project 2017-101, Valleywood Reservoir Rehabilitation, in the amount of an additional $9,879.36. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 3 to the agreement with V & T Painting, for Project 2017-101, Valleywood Reservoir Rehabilitation, in the amount of an additional $4,254.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Project 2019-105, 2019 Street Improvements, as complete and authorizing final payment on the agreement with McNamara Contracting, Inc., in the amount of $95,572.38. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2019 Page 4 MOTION: of Goodwin, seconded by Grendahl, approving the 2020-2021 Labor Agreement with Law Enforcement Labor Services, Inc., (LELS) Local No. 71, as attached to the Human Resources Manager’s memo, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-174 approving the revised 2020 Pay and Benefit Plan. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated December 26, 2019. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, on the check register dated December 4, 2019, in the amount of $154,841.50; and December 12, 2019, in the amount of $2,990,816.95. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ORDINANCE AMENDING CHAPTER 95 –ALCOHOL AT VALLEYWOOD Mr. Bernstein gave the first reading of an ordinance amending Chapter 95 of the City Code regulating alcohol at Valleywood Golf Course. The proposed ordinance was prepared by the City Attorney and better clarifies the parameters of liquor purchases, possession, and consumption at Valleywood. MOTION: of Goodwin, seconded by Hooppaw, waiving the procedure for a second reading and passing Ordinance No. 1070 amending Chapter 95 of the City Code regulating alcohol at Valleywood Golf Course. Ayes - 5 - Nays - 0. COMMUNICATIONS Mayor Hamann-Roland announced the City Council approved a Water Efficiency Grant with the Metropolitan Council on tonight’s consent agenda. Mr. Saam provided a brief summary of the grant program which will be rolled out in 2020. Mr. Lawell reminded residents that applications for the vacancies on the Parks and Recreation Advisory Committee and Telecommunications Advisory Committee are being accepted through December 31, 2019, and January 17, 2020, respectively. Police Chief Rechtzigel reminded residents to stay off of thin ice. Mr. Lawell said the City is still looking for election judges and invited residents interested in serving as an election judge to apply. Councilmember Hooppaw thanked all the City staff who were required to work over the holidays. CITY OF APPLE VALLEY Dakota County, Minnesota December 26, 2019 Page 5 Mayor Hamann-Roland congratulated Carol Blommel Johnson on her retirement and thanked her for 33 years of service and all she has done for the community. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. Mayor Hamann-Roland wished everyone a safe, healthy, prosperous, and happy New Year. MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 7:13 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 :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A pprove Changes in Officer and Manager for B lazin W ings, I nc., d/b/a B uffalo W ild W ings, in Connection with On-Sale L iquor L icenses at 14658 Cedar Avenue, S te. D S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the following changes for Blazin Wings, Inc., d/b/a Buffalo Wild Wings, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales, at 14658 C edar Avenue, Ste. D, naming Lyle David Tick as President and Scott Min-Ho Morken as General Manager. S UM M ARY: Blazin Wings, Inc., d/b/a Buffalo Wild Wings has filed applications for a changes in officer and general manager required in connection with its O n-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14658 C edar Avenue, Ste. D. Mr. Lyle David Tick is being named President and Mr. Scott Min-Ho Morken is being named General Manager. Personal information forms have been filed on the individuals and the Police Department has conducted the necessary background investigations. T he information is on file should you wish to review it. B AC K G RO UND: City C ode Section 111.34 provides for C ity Council approval of such changes. B UD G E T I M PAC T: N/A I T E M: 4.C. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A dopt Resolution Designating Dakota County Tribune as Official Newspaper for 2020 S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Adopt the resolution designating the Dakota C ounty Tribune as the official newspaper of the City of Apple Valley for the year 2020. S UM M ARY: T h e Dakota County Tribune meets the requirements for a qualified newspaper under Minnesota Statutes § 331A.02. Staff is recommending the C ity C ouncil designate the Dakota County Tribune as the City’s official newspaper for 2020. Ordinances, financial reports, and other information as required by law, as well as matters the Council deems advisable, shall be published in the City’s designated official newspaper. B AC K G RO UND: Minnesota Statutes § 412.831 requires that the C ity C ouncil, at its first meeting of each year, designate a legal newspaper of general circulation in the C ity as its official newspaper. B UD G E T I M PAC T: Printing/publishing costs for legal notices are included in the 2020 budget. AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2020- A RESOLUTION DESIGNATING THE 2020 OFFICIAL CITY OF APPLE VALLEY NEWSPAPER WHEREAS, Dakota County Tribune newspaper was designated as the official City newspaper in 2019; and WHEREAS, ECM Publishers, Inc., has submitted a proposal for having the Dakota County Tribune designated as the 2020 City of Apple Valley official newspaper; and WHEREAS, Dakota County Tribune qualifies as an official newspaper of the City, pursuant to State law; provides publication of legal notices in a newspaper widely distributed in the City; and the publisher has satisfactorily fulfilled its duties as the official newspaper of the City in the past. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that Dakota County Tribune be and hereby is designated as the official newspaper of the City of Apple Valley for the year 2020. ADOPTED this 9th day of January, 2020. Mayor Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 4.D. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A dopt Resolution Designating the City's Website as Official Website for Disseminating S olicitations of Transportation Project Bids in 2020 S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Adopt the resolution designating the C ity's website as the official website for the dissemination of solicitations of transportation project bids in 2020. S UM M ARY: State law allows cities to use their own website in lieu of the official newspaper as an alternative means of disseminating solicitations of transportation project bids. Cities opting to use such a method must annually publish a notice in the C ity's official newspaper and on the City's website. Attached for your consideration is a resolution designating the C ity's website as the official website for solicitations of transportation project bids for 2019, and directing the C ity C lerk to publish the required notice in the City's official newspaper and to post it on the C ity's website. B AC K G RO UND: Minnesota Statutes § 331A .12, Subd. 2, states in part "At the meeting of the governing body of a political subdivision at which the governing body designates its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the political subdivision's website." It further states "Each year after designating publication on the website for transportation projects, the political subdivision must publish, in a qualified newspaper in the jurisdiction and on the website, notice that the political subdivision will publish any advertisements for bids on its website." B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2020- RESOLUTION DESIGNATING THE CITY’S WEBSITE AS THE OFFICIAL WEBSITE FOR SOLICITATIONS OF TRANSPORTATION PROJECT BIDS IN 2020 WHEREAS, Minnesota State Statutes, Section 331A.123 allows cities to use their own website as an alternative means of dissemination of solicitations of transportation project bids; and WHEREAS, it is the desire of the City Council to use the City’s website for a means of dissemination of solicitations of transportation project bids in 2020. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby adopts the alternative method of using the City’s website in lieu of the official newspaper for transportation project bids in 2020 consistent with state law. BE IT FURTEHR RESOLVED that the City Clerk is hereby authorized and directed to publish in the City’s official newspaper and post on the City’s website the public notice attached hereto as Exhibit A. ADOPTED this 9th day of January, 2020. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Exhibit A P U B L I C N O T I C E DESIGNATING USE OF CITY’S WEBSITE FOR SOLICITING TRANSPORTATION PROJECT BIDS CITY OF APPLE VALLEY NOTICE IS HEREBY GIVEN, that pursuant to Minnesota Statutes, Section 331A.12 which allows cities to use their own website as an alternative means of dissemination of solicitations of transportation project bids, the City Council of the City of Apple Valley, Dakota County, Minnesota, passed a resolution on January 9, 2020, designating the City’s website as the official website for the advertisement of transportation project bids in 2020. DATED this 9th day of January, 2020. Pamela J. Gackstetter Apple Valley City Clerk I T E M: 4.E. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A dopt Resolution Designating U.S . B ank NA as Official Depository for City Funds in 2020 S taff Contact: Ronald Hedberg, F inance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: Adopt resolution designating U.S. Bank N A as official depository for C ity funds in 2020. S UM M ARY: Each year the C ity Council is to designate an official depository for the coming year. T he attached resolution designates U.S Bank N A as the City’s official depository for the coming year. T he City completed a Request for Proposal (RFP) process in 2018 and U.S. Bank N A was selected for a 5 year period. T he U.S. Bank account includes using the 4M fund as a sweep account arrangement where each day the balance in the US Bank account above what is needed to cover the days transactions are swept to the 4M fund which is a higher interest earning account. Amounts held in the 4M fund are not required to be collateralized because they are held by a third party in the City of Apple Valley's name. Staff began the conversion process from Old National to U.S. Bank in late 2018 and is nearly complete and we are recommending including Old National as an additional depository in a separate action. B AC K G RO UND: N/A B UD G E T I M PAC T: No direct budget impact, the bank fees are offset by the interest earnings within the investment pool fund which in turn is reallocated to individual operating funds along with any other investment earnings. AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2020-___ A RESOLUTION DESIGNATING U.S. BANK NA AS OFFICIAL DEPOSITORY FOR CITY FUNDS IN 2020 WHEREAS, U.S. Bank, NA has been selected to be the City of Apple Valley's official depository along with a sweep account arrangement utilizing the 4M fund; and WHEREAS, by using the 4M Fund as sweep account collateral will not be required as this account is held by a third party in the City of Apple Valley’s name. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that U.S. Bank NA be designated the City's official depository for 2020 for the depository and controlled disbursement accounts, with balances not to exceed the limits of FDIC coverage or pledged collateral; BE IT FURTHER RESOLVED that the following conditions shall be followed: 1. In the event that collateral is required from U.S. Bank NA it will be provided in the form of an irrevocable letter of credit issued by the Federal Home Loan Bank. 2. U.S. Bank, NA may furnish both collateral and a bond; deliver additional collateral from time to time; withdraw excess collateral; and substitute other collateral from that previously furnished. 3. The City Treasurer is hereby authorized to invest and transfer City funds in said institution; checks for these activities shall be included on the check approval list submitted to the Council at its next regular meeting. 4. That the permitted municipal deposit may be increased from time to time, subject to collateral and F.D.I.C. Insurance exceeding the amount deposited by at least ten percent (10%). ADOPTED this 9th day of January, 2020. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: _____________________________________ Pamela Gackstetter, City Clerk I T E M: 4.F. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A dopt Resolution Designating A dditional Depositories and F inancial Security Dealers for City Funds in 2020 S taff Contact: Ronald Hedberg, F inance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: Adopt resolution designating additional depositories and financial security dealers for City funds in 2020. S UM M ARY: Each year the C ity C ouncil is asked to designate additional official depositories beyond the designation of the depository for the main account, along with financial security dealers for the coming year. T he attached resolution includes a list of the firms recommended to be designated as additional depositories and financial security dealers. Prior to conducting business with each of the firms it is required that the C ity obtain a Broker Certification in a form determined by the State Auditor which acknowledges the broker’s receipt of the C ity’s investment policy and includes a provision that all future investments are to be made in accordance with Minnesota Statutes. If the investments are considered bank deposits (C ertificates of Deposit, Savings and or C hecking accounts) collateral shall be pledged by the institution for any amounts exceeding FD IC insurance C overage. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2020-____ A RESOLUTION DESIGNATING ADDITIONAL DEPOSITORIES AND FINANCIAL SECURITY DEALERS FOR CITY FUNDS IN 2020 WHEREAS, the City Council, by Resolution No. 2019-3 adopted on the 10th day of January, 2019 designated certain banking, savings and financial institutions as additional official depositories of City funds, and WHEREAS, the City Treasurer has requested the designation of depositories and finance security dealers for City funds in 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley: 1. The following are hereby designated as additional depositories or financial security dealers: A. Wells Fargo Securities, LLC B. Wells Fargo Bank, NA C. 4 M Fund D. Northland Securities, Inc. E. RBC Capital Markets Corporation F. Robert W. Baird & Co. Inc G. Moreton Capital Markets, LLC H. U.S. Bancorp Investments, Inc. I. First Resource Bank NA J. Old National Bank K. Merchants Bank, NA L. MidCountry Bank 2. The permitted municipal deposit may be increased from time to time, subject to collateral and F.D.I.C. Insurance for time deposits exceeding the amount deposited by at least ten percent (10%). 3. For time deposits, the institutions may furnish both collateral and a bond; deliver additional collateral from time to time; withdraw excess collateral; and substitute other collateral from that previously furnished. 4. Each year each investment broker must acknowledge receiving a statement of investment restrictions which shall include a provision that investments are to be made in 2 accordance with Minnesota Statutes governing the investment of public funds. Such statement shall be in a form provided by the State Auditor. 5. The City Treasurer or Asst. Treasurer, together with the Mayor or Acting Mayor, are hereby authorized to invest City funds in said institutions and in such other government securities as permitted by law. ADOPTED this 9th day of January, 2020. ___________________________________ Mary Hamann-Roland, Mayor ATTEST: __________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.G. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A dopt Resolution Designating U.S . B ank I nstitutional Trust as Safekeeping Custodian S taff Contact: Ron Hedberg, Finance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: Adopt resolution designating U.S. Bank Institutional Trust as Safekeeping Custodian, subject to the approval of the C ity Administrator and City Attorney. S UM M ARY: In November 2018, the C ity Council appointed U.S. Bank Institutional Trust as Safekeeping Custodian for the City's investments in response to a RF P process. U.S. Bank Institutional Trust had the lowest cost proposal at $7,500 per year, which is their minimum fee for the year. B AC K G RO UND: T he safety of public funds is the primary objective of all governments. One of the protections and a control against fraud is the separation of the safekeeping and custody function from the investment function. By having securities held by a third party we can minimize custodial risk in an investment transaction, by having the selected firm provide for the transfer and safekeeping of the securities. T he custody safekeeping arrangement has U.S. Bank Institutional Trust as the custodian hold the investments in the C ity of Apple Valley's name and they do not participate in the investment activity or provide investment advice, which maintains the third party safekeeping independence and helping minimize risk. T he safekeeping custody firm will: hold and safeguard the investments collect interest and dividends settle trades and maturities as directed provide monthly reporting with independent 3rd party valuations Any cash balances in this account would be placed in a short term money market fund consisting of government securities. By utilizing a safekeeping custodian in the city's name, the footnote disclosure rating assigned under Government Accounting Standards Board (G A SB) Statement No. 40 in our annual financial statements will be reported in the top category defined as securities held by the government's agent in the governments name. B UD G E T I M PAC T: No direct budget impact, the custody fees of $625 per month are offset by the interest earnings within the investment pool fund which in turn is reallocated to individual operating funds along with any other investment earnings. AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2020___ A RESOLUTION DESIGNATING U.S. BANK INSTITUTIONAL TRUST AS SAFEKEEPING CUSTODIAN WHEREAS, the safety of public funds is one of the primary objectives of all governments; and WHEREAS, one of the protections and a control against fraud is the separation of the safekeeping and custody function from the investment function; and WHEREAS, by having securities held by a third party the City of Apple Valley can minimize safekeeping and custodial risk in an investment transaction; and WHEREAS, the City of Apple Valley desires to engage a financial institution to serve as custodian for the City’s investments in accordance with the City’s investment Policy, and WHEREAS, it is determined U.S. Bank Institutional Trust meets the City of Apple Valley’s needs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that U.S. Bank Institutional Trust be designated the City of Apple Valley’s safekeeping custodian. ADOPTED this 9th day of January, 2020. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: _____________________________________ Pamela Gackstetter, City Clerk I T E M: 4.H. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A dopt Resolution A uthorizing City Clerk to Appoint Deputy City Clerks for 2020 Election A dministration S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Adopt the resolution authorizing the C ity C lerk to appoint Deputy C ity C lerks for 2020 election administration. S UM M ARY: In accordance with state law, an eligible voter may vote by absentee ballot in the office of the County Auditor and at any other polling place designated by the County Auditor. Apple Valley is designated as an absentee voting location and as a polling site for the acceptance, rejection, and counting of absentee ballots. Residents voting by absentee ballot at the Municipal C enter must have their absentee ballot return envelope witnessed by a person who is registered to vote in Minnesota or by a notary public or other individual authorized to administer oaths. T he Secretary of State’s Office recommends C ity staff who are responsible to assist voters by witnessing ballot return envelopes be appointed as Deputy C ity C lerks for the administration of elections so they may complete the witness statement as an election official. In addition, Minnesota Statute requires the Absentee Ballot Board, which accepts, rejects, and counts absentee ballots, to be made up of election judges or Deputy C ity Clerks trained in the handling of absentee ballots. T he attached resolution would authorize the C ity C lerk to appoint those staff members who assist with the absentee voting processes as Deputy C ity C lerks for 2020 election administration. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2020- A RESOLUTION AUTHORIZING CITY CLERK TO APPOINT DEPUTY CITY CLERKS FOR 2020 ELECTION ADMINISTRATION WHEREAS, Minnesota Statutes Section 412.151 provides as follows: “With the consent of the council, the clerk may appoint a deputy for whose acts the clerk shall be responsible and whom the clerk may remove at pleasure”; and WHEREAS, the City Clerk deems it necessary to appoint one or more Deputy City Clerks, in 2020, to assist with the City Clerk’s duties, including, without limitation, administration of absentee voting for the City of Apple Valley. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Clerk is authorized to appoint Deputy City Clerks to discharge any of the duties of the City Clerk as specified in such appointment, and to remove such appointment at the pleasure of the City Clerk. ADOPTED this 9th day of January, 2020. ___________________________________ Mayor Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.I . C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A ppoint Statutory Members to Apple Valley Firefighters Relief Association (AV F R A) B oard of Trustees for 2020 S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Appoint Mary Hamann-Roland and Pamela Gackstetter as statutory members to the Apple Valley Firefighters Relief Association (AVFRA) Board of Trustees for the year 2020. S UM M ARY: T he current Apple Valley Firefighters Relief Association statutory board members are Mary Hamann-Roland and Pamela Gackstetter. Both individuals have indicated an interest in serving on the Board in 2020. T he C ity Council is requested to appoint the A FVRA statutory members to the Board of Trustees for 2020. B AC K G RO UND: Article III, Board of Trustees, Sec. 2, of the Apple Valley Firefighters Relief Association Bylaws requires the C ity Council annually designate one elected municipal official and one elected or appointed municipal official to the Firefighters Relief A ssociation Board of Trustees. B UD G E T I M PAC T: N/A I T E M: 4.J . C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A pprove Valleywood Golf Course F ees for 2020 S taff Contact: B arry B ernstein, Parks and Recreation Director Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve 2020 fees for Valleywood Golf Course as presented and grant Parks and Recreation Director or designee the latitude to adjust the fees for promotions. S UM M ARY: Attached is the proposed 2020 fee schedule for Valleywood Golf C ourse. Staff is proposing a few minor increases to the daily fee schedule as well as modifications to the season pass fees, which include the addition of a 7 day restricted season pass. In terms of daily green fees, they are recommended to increase by $1 per round for both 18- hole and 9-hole rounds. Staff is recommending the creation of a new restricted 7 day season pass which includes a restriction that it cannot be used prior to 11:00 a.m. on Saturday and Sunday. If the restricted 7 day season pass holder chooses to play on weekends prior to 11:00 a.m., they may receive the weekday green fee rate, which is a discount from the normal weekend rate. T he intent of this restricted 7 day pass is to free up prime tee times on the weekend while also providing the ability for unlimited play at all other times. T he proposed fee schedule retains the unrestricted 7 day pass that permits weekend morning play without a separate green fee, but the pass is now more expensive to purchase, again to maximize revenues during this prime tee time block. Depending on a player’s circumstance (resident, non-resident, patron card holder or non-patron card holder) the less expensive restricted season pass would actually save the player money, unless they chose to play on weekend mornings before 11:00 a.m. more than approximately 20 times during the season. As in previous years, we request that the C ity Council provide that the Parks and Recreation Director or designee continue to be allowed latitude to adjust golf course fees for promotional rates as needed to be market competitive and enhance revenue. B AC K G RO UND: T he Valleywood Business Plan Task Force has been meeting since August 2019 to update the business plan and recommend steps that can be taken to improve the financial performance of our golf operations. T he $1 green fee increase and the addition of a restricted 7 day season pass are seen as important steps in this process. Members of the Task Force include: C ouncilmembers Bergman and Hooppaw, Parks and Recreation Advisory C ommittee Chair Brent Schultz, Former Parks and Recreation Advisory Committee Chair Lee Strom, C ity Administrator Tom Lawell, Finance Director Ron Hedberg, Parks and Recreation Director Barry Bernstein, and Golf Course Manager J im Zinck. While the final report of the Task Force will not be finalized until spring 2020, the Task Force has reviewed the proposed 2020 Valleywood fee schedule and recommends its adoption. In addition, the Parks and Recreation Advisory C ommittee reviewed the proposed 2020 Valleywood Fee Schedule at their J anuary 2, 2020 meeting and also recommends its approval. B UD G E T I M PAC T: While the amounts of financial impact are uncertain, these changes are expected to have a positive impact to revenues from $30,000 to $60,000 over the course of the 2020 season. AT TAC HM E NT S : Exhibit Valleywood Fee Proposal (Fee changes highlighted in RED) Valleywood Golf Course 2019 Patron 2019 Non-Patron Proposed 2020 Patron Proposed 2020 Non-Patron Green Fees – 18 Hole Reg M-F $32 $35 $33 $36 Green Fees – 18 Hole Sr/Jr M-F $24 $27 $25 $28 Green Fees – 18 Hole Sa-Su $40 $43 $41 $44 Green Fees – 9 Hole Reg M-F $20 $23 $21 $24 Green Fees – 9 Hole Sr/Jr M-F $18 $21 $19 $22 Green Fees – 9Hole Sa-Su $22 $25 $23 $26 Green Fees – Patron Card – resident $20+tax N/A $20+tax N/A Green Fees – Patron Card – non-resident $40+tax N/A $40+tax N/A Green Fees – Patron Card – senior $30 + tax N/A $30 + tax N/A Season Pass – 7 day Resident $1300 + tax $1300 + tax $1800 + tax $1800 + tax Season Pass – 7 day Non-Resident $1560 + tax $1560 + tax $2160 + tax $2160 + tax Season Pass 7 day restricted Resident* NA NA $1100 + tax $1100 + tax Season Pass 7 day restricted Non-Res* NA NA $1320 + tax $1320 + tax Season Pass – 5 day Resident $600 + tax $600 + tax $ 750 + tax $ 750 + tax Season Pass – 5 day non-Resident $720 + tax $720 + tax $ 900 + tax $900 + tax Season Pass – Executive (18-35 yrs)* $600 + tax $600 + tax $750 + tax $750 + tax Season Pass – Executive non-resident* $720 + tax $720 + tax $ 900 + tax $950 + tax Season Pass – Junior (17 and under) $450 + tax $450 + tax $450 + tax $450 + tax Season Pass – Add’l family resident $450 + tax $450 + tax $450 + tax $450 + tax Season Pass – Add’l Family non-Res $540 + tax $540 + tax $540 + tax $540 + tax Cart Rental – 18 Holes Power Car $34 $34 $34 $34 Cart Rental – 9 Holes Power Car $20 $20 $20 $20 Cart Rental – Pull Cart $5 $5 $5 $5 Practice Range – Lg Bucket of Balls $8 $8 $8 $8 Practice Range – Med Bucket of Balls $5 $5 $6 $6 Range Card – Ten Lg Buckets of Balls $65 $65 $65 $65 • * Restricted season pass holders must pay a weekday green fee if playing before 11:00 AM on Weekends • Season passes are not eligible to be used during private tournaments and events. • Junior Passes include a 10 bucket punch card for the driving range I T E M: 4.K. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A pple Valley Convention and Visitors B ureau (C V B) S taff Contact: Charles Grawe, A ssistant City A dministrator Department / Division: Administration / I nformation Technologies AC T I O N RE Q UE S T E D: 1. Extend agreement with the Apple Valley C hamber of Commerce to administer the Convention and Visitors Bureau (C VB) through December 31, 2020. 2. Approve 2020 Convention and Visitors Bureau (C VB) budget and marketing plan. S UM M ARY: T he C ity has been using a series of one-year agreements with the C hamber for administration of the C VB. T here are no substantive changes to the terms of the agreement. As part of the agreement, the C ity also approves the annual operating budget for the C VB. Included with this document are the proposed budget and the marketing plan that explains the rationale for the budget proposal. B AC K G RO UND: T he annual C VB budget has two primary revenue sources--the annual anticipated lodging tax proceeds and carry-over or fund balance built up from previous years. T he lodging tax proceeds are variable with the economy and it is common to have some good years and other less good years for revenues. In previous discussions with the C ity Council, the topic of keeping business listings on the C VB website up-to-date was discussed. Since the C ity does not license businesses, there is no local database with this information. In response, the C VB continues its investment in a digital strategy that uses data from Google to help identify when new businesses are opening in Apple Valley and when businesses are shutting down. T his cutting-edge technology should help keep the site information more current. T he 2020 budget projects total expenditures of $108,976.25. T he annual administration expenses is at $19,000. T he remaining funds are for direct marketing activities. T he attached marketing plan prepared by Chamber President Ed Kearney explains in more detail why certain ad campaigns were postponed and the rationale for the proposed 2020 campaigns. B UD G E T I M PAC T: T he agreement pays the C hamber 95 percent of annual proceeds from the lodging tax. AT TAC HM E NT S : Agreement Budget Marketing P lan CONVENTION AND VISITORS BUREAU AGREEMENT THE CONVENTION AND VISITORS BUREAU AGREEMENT, (the “Agreement”) is made by and between the City of Apple Valley, a Minnesota municipal corporation (the “City”) and the Apple Valley Chamber of Commerce, a Minnesota non-profit corporation (the “Chamber”) and jointly referred to as the “Parties”. WHEREAS, under the authority of Minn. Stat. §469.190, the City by ordinance imposed a local lodging tax to fund a local convention and visitors bureau for the purpose of marketing the City as a tourist center; and WHEREAS, the Chamber has established and will maintain a convention and visitors bureau (the “CVB”) for the purposes of marking the City; and WHEREAS, accepting the services of the CVB to promote the City as a tourist center is desirous and required in order to efficiently and effectively promote the City’s tourism business; and WHEREAS, the CVB is capable of handling all monies funded by the City for the purposes of marketing the City as a tourist center; and WHEREAS, to provide for the marketing of the City as a tourist center, it is in the best interest of the City and the Chamber to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing premises, the Parties hereto agree as follows: 1. Convention and Visitors Bureau Created. The Chamber agrees to maintain a Bureau, to be knows as the Apple Valley Convention and Visitors Bureau, which Bureau shall be a division of the Chamber. The CVB shall consist of seven (7) members. The CVB shall include two (2) members appointed by the Apple Valley City Council; the remaining members, all of whom shall live or work in the City of Apple Valley, shall be appointed by the Chamber. 2. Services Rendered by Bureau. The CVB shall develop and administer programs to advance the economic impact of tourism in the City through planning efforts to improve the tourism product/ service mix in Apple Valley and by attracting visitors, meetings, trade shows and other like events. The CVB shall develop and administer such programs in accordance with the CVB’s annual marketing plan. 3. Information/Charges. All services provided pursuant to Paragraph 2 of this Agreement shall be without charge to any person or organization using such services except those charges necessary to cover out of pocket expenses and the cost of administration as the CVB deems necessary. 2 4. Funding. The City shall remit to the Chamber ninety-five percent (95%) of the City’s gross proceeds from the lodging tax imposed under the City’s ordinance, however, the total amount of the proceeds remitted to the Chamber shall not exceed $100,000.00. Such funds paid by the City shall be used by the CVB exclusively for the purpose of funding the CVB’s services under this Agreement. 5. Budget Approval. The Chamber shall submit to the City an Annual Operating Budget (the “Budget”) for the CVB for approval by the Apple Valley City Council on or before December 31 of each previous year. Such Budget shall detail with specificity the uses to which the funds shall be spent to provide the services required hereunder. No modification in such Budget shall be made in excess of ten percent (10%) without prior approval of the Apple Valley City Council. The CVB shall have no deficit financing. Funds may be carried into the next year however when appropriate. 6. Verification of Expenditures. The Chamber shall submit to the City, a copy of the CVB’s monthly checking (and any other banking) statements and an annual financial statement, verified by the President of the Chamber. The City shall have the right of access to the books and records of the CVB, at any time during normal business hours, to audit any item of revenue or expenditure. The Chamber shall provide for at least two signatures being needed to draw on the checking account and any other banking account holding the funds of the CVB. 7. Indemnification. The Chamber agrees to indemnify, defend and hold the City harmless for any claims, demands, actions or causes of action arising out of any act or omission on the part of the Chamber, its agents, servants or employees in the performance of or with the relation to any of the work or services performed or furnished by the Chamber or the CVB under this Agreement. 8. Insurance. A. General Insurance Requirements. The Chamber shall not commence any work or services under this Agreement until is has obtained all insurance required under this provision and shall have filed a Certificate of Insurance or certified copy of the insurance policy with the City. Each insurance policy required hereunder shall contain a clause providing that it shall not be canceled, reduced in coverage or lapsed by the insurance company without thirty (30) days’ written notice to the City of its intent to cancel or effect a reduction of coverage or non renewal. B. Liability Insurance. The Chamber shall procure and maintain during the term of this Agreement general persona injury liability and property damage insurance with a minimum coverage limit of $500,000.00 per occurrence which shall protect it, the CVB and the City from claims for damages for personal injury, including accidental deaths, which may arise from the work or services furnished under this Agreement, whether such 3 work or services be by the Chamber or by anyone directly or indirectly employed by the Chamber. The Chamber shall procure and maintain during the term of this Agreement, liability and property damage insurance for the CVB’s directors. C. Workers Compensation and Employer’s Liability Insurance. The Chamber shall secure and maintain during the term of this Agreement, Worker’s Compensation and Employers’ Liability Insurance as required by law for its employees engaged directly or indirectly in the work and services under this Agreement. The Chamber shall also maintain insurance required under any other employee benefit acts in force and required by law. The City shall be named as an additional insured. 9. Alteration or Modification of Agreement. A. Any alteration, variation, modification or waiver of any provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both Parties. B. This Agreement shall constitute the entire Agreement between the Parties and supercedes all prior oral or written negotiations relating to the subject matter hereof. 10. Term of Agreement. The Agreement shall be dissolved automatically on December 31, 2020 subject to reconfirmation by the City and the Chamber. Either party may withdraw from this agreement with at least 60 days notice subject to take effect on December 31st of said year during the duration of this agreement. 11. Waiver of Breach. The waiver by either party or any breach of this Agreement by the other party shall not operate or be construed as a waiver of any other breach. 12. Assignment. The Chamber shall not assign, transfer, encumber, hypothecate, or otherwise dispose of any of its right, title or interest in, or to, or under this Agreement without the prior written consent of the City, and any purported such assignment, transfer, encumbrance, hypothecation or disposition without such consent shall be prohibited and void. 13. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to be given when and if sent by certified mail, return receipt requested, postage prepaid, properly addressed as follows, or such other address as may hereafter be designated in writing by either of the Parties: 4 IF TO THE CITY: CITY OF APPLE VALLEY 7100 West 147th Street Apple Valley, Minnesota 55124 IF TO THE CHAMBER: APPLE VALLEY CHAMBER OF COMMERCE 14880 Galaxie Avenue, Suite 101 Apple Valley, Minnesota 55124 14. Severability. The provisions of this Agreement are not intended to be severable, and the invalidity or unenforceability of any said provisions, or any portion thereof, shall not render the remaining provisions of this Agreement inapplicable or unenforceable. 15. Law Governing. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. 16. Headings. All headings preceding the paragraphs herein are for the purpose of identification only and may not be used for the purposes of construing any provisions contained herein. 17. Singular-Plural. Wherever necessary or proper herein, the singular imports the plural and vice versa, and masculine, feminine and neuter expression shall be interchangeable. 18. Counterparts. This Agreement may be executed in one or more counterparts, all of which shall be deemed one and the same original instrument. Passed and duly adopted this _____ day of _______________, 2020 by the City Council of the City of Apple Valley. CITY OF APPLE VALLEY ___________________________________ By: Mary Hamann-Roland Its: Mayor ____________________________________ By: Pamela J. Gackstetter Its: City Clerk 5 Passed and duly adopted this _____ day of ______________________, 2020 by the Board of Directors of the Apple Valley Chamber of Commerce. APPLE VALLEY CHAMBER OF COMMERCE ___________________________________ By: Tasha Wells Its: Chair ____________________________________ By: Edward G. Kearney Its: President Apple Valley Chamber & Convention & Visitors Bureau 2020 Marketing Plan Preface: The Annual Marketing Plan document is intended as a guideline for tourism promotional efforts during each calendar year. This document has a budget attached for 2020. The CVB Board is part of the Apple Valley Chamber of Commerce and follows the Chamber’s bylaws and procedures with oversight by the Chamber Board of Directors. The City and Chamber both appoint representatives to the CVB Board to keep balanced input from hotels, restaurants, attractions and other stakeholders. EXECUTIVE SUMMARY 1. New Technologies—In line with the trend to transition towards less print advertising a. Enhanced Drone Footage—Sky view above each hotel with labels on screen of what they are seeing i.e. restaurants walkable, attractions (ZOO, MOA, Sports Fields, Shopping etc.). Basically to show them “the walk” from where they are. b. Artificial Intelligence (AI)—Expanding the successful AI we introduced last year. Any visitor can contact us for a live text conversation 24/7 with full answers. c. Virtual Concierge—Movable 360 degree view walking through meeting space, attractions (Zoo), restaurants, banquets, 2. Expand Current Programs a. Affinity Program for Social Media—A contest of sorts, for free vacation. b. Things To Do—We’ve created a Google gathered list of every happening in Apple Valley in real time. We’ve made it update itself all the time. 3. CVB PAID FOR TRANSIT BUS 50TH CELEBRATION 2019 a. We are looking at ways to continue the celebration for the CVB as well as the Chamber to do a joint 50th Anniversary Promotion for visitors in 2021 since both began. It will continue the momentum from the City’s 50th just ending. 4. NEW TOURISM BROCHURE—Distributed in over 600 outlets in 3 states, we are reprinting but after a new design is finished which better features MN Zoo headline. JUST ENDING IN 2019 CVB ASSISTED CITY PROMOTION OF 50TH ANNIVERSARY on TRANSIT BUSES It has been well documented that hotel guests at both Apple Valley Hotels are nearly 50% due to referrals from area residents. Also with 1.3 million visitors to Minnesota Zoo in Apple Valley and 40 million to Mall of America where the BRT Transit Line stops dozens of times per day, we joined the City in promoting Apple Valleys 50th by covering 2 months of a wrapped BRT Bus. The total contribution of the CVB to this was to increase visibility and tourism promotion by investing $6,000 which will cover 2 months. None of the dollars will be used to pay for the actual physical wrapping of the bus (another company donated that). Our dollars were used for visitor marketing promotion only. HOTEL RENOVATION AmericInn Hotel in Apple Valley will complete their renovation within weeks as it has been a six month process. It caused some temporary dip in occupancy and bed tax revenue but in early December they showed us photos of the renovation and it looks spectacular. The new owners these last few years have really put money, time and reinvestment into this prime location. The following made our CVB Board very excited about trying new technologies. The plan is to keep much of our marketing with print but phase much of the print out in 2 years as we perfect the new technologies. DRONE FOOTAGE Last year, we hired a company to take drone footage of MN Zoo’s 1st JACK-O-LANTERN SPECTACULAR. The event sold out and was so large with over 5,000 illuminated pumpkins, they brought it back again this fall. We are adding drone footage in 2020 to: o Footage from our hotels doorsteps up a few hundred feet and show guests what is nearby each hotel including transit to MOA & Airport, the Twin Cities downtowns and other attractions. o More MN Zoo footage as they hope to get funding for their Treetop Trail in place of the former Monorail tracks. VIRTUAL-TOUR FOOTAGE o We intend to hire Ellickson Photo to take 360 degree panoramic views inside our hotels, their rooms, pools, exercise, meeting rooms etc. We will take virtual footage of destination restaurant, campgrounds, parks, transit, bike trails etc. The CVB Board has approved the new drone and virtual concierge approach. CVB WILL ADD AN AFFINITY PROGRAM CONTEST Affinity programs create a loyalty list for social networking, emails, social media likes etc. The contest includes: • Hotel weekend in Apple Valley • Meals at Apple Valley restaurants • Admission to attractions (zoo, coupon book MOA, Valleyfair, Science Museum.) CVB 1st in MINNESOTA TO USE AI (Artificial Intelligence) FOR 24 HOUR TOURISM We introduced this advanced technology in 2019 and we are taking it further in 2020. The numbers look strong as this AI gives us a 24/7 presence to answer questions and line up reservations at hotels, restaurants, attractions. • AI is now allowing potential Apple Valley Visitors to speak with us 24/7/365. o On our unique www.VisitAppleValley.com site, we have doubled the access points for reaching the AI which is really just directing visitors to the right place quickly. Click either with the popup chat box on the bottom right of the home page or via “Quick Search” via a red box on the top of the page or “USE OUR QUICK SEARCH TOOL” red box at the bottom of the page. Anyone can have a conversation in real time, anytime. It will allow you to plan and choose hotels, restaurants, attractions, shopping and events and help you decide and/or build an itinerary. o We intend to help the Arts Foundation better promote the 2020 summer concert series in any way we can with our new technologies. Other possible applications include Freedom Days, booking golf tee times or wherever AI would be useful for tourism information. We would be happy to share the code we developed with the City for any application they may want to adapt it to in the future. o CVB CREATED INTERACTIVE PHONE/TABLET MAP OF APPLE VALLEY o We have created a map which allows visitors (or events) to click on our map and see all visitor items for hotels, dining (eat, coffee shops etc.), shopping or they can check just one box and only those show up on the map. Hotels for reference automatically appears on ALL maps. We have created unique code that everytime Google updates their map, our map automatically will add that new restaurant, shop, hotel or whatever we wish. ALL restaurants will appear in real time when they list on Google which was a problem in the past keeping up with. • “WHAT’S HAPPENING IN APPLE VALLEY” AGGREGATED LIST ON CVB SITE As visitors or residents are “wondering what to do today or this weekend,” we created code which pulls any event on Google with “things to do this week/month” in Apple Valley. It is quite an exhaustive list and the best source of tourism events. • SOCIAL MEDIA GETTING A BOOST FOR TOURISM o Adam Bengston will be daily updating our social media once again. He will post any news, events, exciting events or happenings to reach visitors through FACEBOOK, INSTAGRAM, SNAPCHAT & TWITTER and any other apps that will reach visitors • Chamber President Ed Kearney and Adam Bengston have spent every Monday morning developing this AI, Interactive Mapping virtual concierge, drone footage and we are currently working on using AI to create exact printable itineraries for visitors, groups, events etc. Adam was formerly President of Bloomington Chamber for 5 years. NEEDING EMPHASIS IN 2020 Abdallah Candies has a solid two years being headquartered in Apple Valley now. We are reaching out even further to them to assist them in better promoting their manufacturing retail store which has visitors, groups, buses and sports groups visiting and we want more of them. We are about to sit with the owners to see how we can better market them and increase their visibility. o Currently, we have included photos and text of Abdallah Candies on our Official Apple Valley Tourism Brochure Cover next to the Minnesota Zoo, as well as a section in the inside with more photos. We have them in all ads in three states. o We are thinking about assisting Abdallah: o Assisting them in reaching the MN Zoo’s 1.3 million visitors o Creating better awareness to Sports Groups visiting our high school tournaments o Improving signage for both awareness as well as direction to their attraction o Assisting with filling jobs in this tight labor market EXPLORE MINNESOTA WEBSITE PUTS OTHER CITIES HOTELS FIRST As recently as December 2019, we tried to search for Apple Valley hotels on Explore MN. They were unable to have hotels in Apple Valley appear first when you asked for Apple Valley specifically but instead sent people to Bloomington, Chanhassen, Shakopee and Eagan. Explore Minnesota, the State’s Tourism Office which for years we partnered with, is not whom we choose to partner with for several years now. To be part of their tourism committee, we used to spend about $12,000 per year to belong plus co-op advertising costs yet Apple Valley was still almost invisible. We feel we can get more tourism promotion from doing it all ourselves where we can highlight Apple Valley alone. Much of the savings has for many years now help build up our reserves at the CVB. We will keep the reserves at the current level into the future but the CVB is well positioned now for any future tourism interuptions, recessions, unforeseen news crisis or future unforeseen opportunities as technology changes quickly. The AVCVB Board met in November 2019 and December 2019 and was thrilled with this new online proactive approach to tourism. A stat was given at the board meeting that over one-half of all inquiries in any form be it website, social media, text or email is now done on phones rather than computers MICRO-SITES—Apple Valley often is host to major events such as Special Olympics these last two years, various sports youth and high school sporting/dance/music events. In 2020, we will build upon request and at no charge to the various event planners, a MICRO-SITE specifically for that event’s specific needs with all of the needed links, welcome packages, options, calendar of events etc. Examples might be the WINTER & SUMMER CONCERT SERIES (KELLEY PARK & MN ZOO), SPORTING TOURNAMENTS in soccer, wrestling, golf, baseball, basketball, cheerleading, bowling, hockey, Special Olympics, senior games, cycling, lacrosse, etc. and working closer with both high schools and the School of Environmental Studies. • SNAPCHAT FILTERS—As Snapchat becomes the cultural rage, we want to offer the over 1.3 million visitors to Apple Valley annually, the option of filters they can add to their photos that have local graphics they lay over their photos that have icons, pre-written Apple Valley and MN Zoo Graphics so that when they post their photos, their “friends” see Apple Valley, zoo animals, apples, calligraphy, or fun masks, makeup or even animal ears and features to their own faces automatically as an option over their personal photos to post to the world. We looked on Snapchat and found little in Apple Valley for filters, though Municipal Center was one of them. • SOCIAL MEDIA—Adam Bengston has helped us keep our social media current weekly and has brought us thousands of views. We are enhancing it further with “real-time” Facebook feeds from events, more control via staff and volunteers for messaging and being sensitive to the City’s concerns we keep a careful delicate balance between what is local and what is regional. Recent Developments • We are working closer with John Frawley, MN Zoo Director in order to make more of their 1.3 million visitors more aware of our hotels, restaurants, shopping, events and activities. Minnesota Zoo is looking at converting the former IMAX property which the Zoo owns into a CLIMBING WALL as well as other interactive adventures. In October of 2019, Mayor Mary and Ed Kearney hosted the MN House Capital Investment Committee on a bus tour that ended with Zoo Director John Frawley. He personally gave us and everyone on the committee a tour of the zoo. We spoke about finding better ways to market together. o MN Zoo hosted over 85,000 people who visited their “Jack-O-Lantern Spectacular Exhibit. Apple Valley CVB met with them two years ago in Spring and we brought them the idea of using a drone to hover as well as follow the entire path the night before opening when no one was around in order to use our footage in their promotions. We also paid 100% of the cost which they are grateful for and it enhanced our partnership. For over 10 years, we also joined MN Zoo at the Capitol to help them visit and appeal to legislators every month to great success, as the Zoo is a state agency but receives less than 20% of their funds from the State. • GRANDSTAY MANAGEMENT CHANGE-- GrandStay Hotel had lost longtime GM Tony Lawler to a larger hotel consortium. The new management company and Michael Paggen their new GM are again working closely with the CVB and on our CVB Board. • AMERICINN NEW OWNERS—The great young owners of this longtime central Apple Valley hotel told us they want to become more engaged. We have visited them monthly for several years, but they are planning to join our board and offer ideas on how to better reach potential visitors. Budget Highlights: o The 3% Lodging Tax (as prescribed for cities by state law), has seen a steady revenue stream for hotel and tourism promotion in Apple Valley. We have greatly lowered the ratio of print media to online ads, social media, website redesign, Artificial Intelligence and mobile ease of use via “responsive websites” which adapts to any size phone, watch or tablet. o We enjoyed great efficiencies and advice from our Webmaster Adam Bengtson who, himself, for many years was President of Bloomington Chamber of Commerce as well as with the Dakota County Regional Chamber. Adam and Chamber President Ed Kearney are finding newer ways to reach a more targeted audience who make more immediate decisions faster online and with shorter notice. As we stated in our 2016 & 2017 & 2018 Marketing Plans, the CVB has continued to spend less during these and a few previous years in order to build reserves to their healthy level for Apple Valley’s CVB to use for any future tourism slumps which are inevitable. We have built reserves not by doing less but rather mostly by transitioning from “print” to “online” advertising and social media and saved the revenue for future enhancements and promotions during downturns, recessions, tourism slumps or market changes. The second reason as stated earlier is us choosing not to be part of the Explore Minnesota partnership because they cannot show Apple Valley on their hotel searches even when we ask for Apple Valley. CVB City Monument Operating Year Escrow Act. Reserves 2011 $ 5,000 $65,730 2012 $15,000 $71,421 2013 $15,000 $81,414 2014 $15,000 $105,332 2015 $15,000 $155,617 2016 $15,000 $181,108 2017 $20,000 $181,682 2018 $20,000 $200,513 2019 $40,000 $199,005 *We intend to keep the reserves at this level into the foreseeable future In 2019 we reached our high point for safe reserves in case of an emergency, disaster or recession. We will not add to our reserves in 2020 and actually started to spend down some of the reserves beginning with helping the City promote our 50th Anniversary as a City. o There are reasons to keep a strong tourism reserve: If such tourism shocks happen, be it terrorism with Mall of America, spiking gas prices, public health scares (SARS)(Zika)(terrorism)(airline accidents/strikes) etc. If another severe recession hits this next year or two, we are prepared. The “Zika Mosquito” virus two years ago was sweeping through the southern hemisphere and this past summer it was spreading in Florida. Minnesota is known as a mosquito destination to most visitors. With our airport so nearby and a few pair end up in Minnesota and spread via Delta, we want to be prepared to do massive promotions at a time when the hotels most need to be promoted. Our Minnesota Zoo and our Lebanon Hills campgrounds would suffer the largest hit from the perception or reality of Zika. The MN Zoo with all its woods, ponds and animals would suffer irreparably if this mosquito virus moves in here. The new technology of Artificial Intelligence came along and Apple Valley is ahead of ALL our competitors for visitors access 24/7/365. o Three years ago with great effort and creativity, the Chamber built the CVB its own website VisitAppleValley.com which for the first time, separated the CVB from the Chamber website. We have now partially integrated the two closer back and better link the two sites in order to maximize cross traffic on both sites. The CVB site has an emotional appeal and received great accolades and traffic. o We have saved a contingency fund of $40,000 to assist the city in building a Visitor Monument on Cedar & I-35E. We hope the City Attorney soon finds us a favorable interpretation of the state tourism lodging-tax law for us to use as so many other cities use for advertising marketing via signage. We are allowed by law to have billboards which we have done in the past on 35 and 52 as well as electronic signage. We want however the City to build a Monument welcoming visitors to “Apple Valley, Home of the Minnesota Zoo.” We want it added on the City’s long overdue monument to state at our expense, “Hotels, Restaurants & Shopping 1 Mile Ahead.” With more of the 1.3 million MN Zoo visitors knowing where our downtown area is located for meals, shopping and lodging, tourism will dramatically increase our economic base. Both hotels underwent both interior and exterior reconstruction (Grandstay in 2018 and AmericInn 2019), new beds, tv’s, dining areas. We are so happy that our hotels have reinvested into Apple Valley and tourism will only increase over time with their new investments. MN Zoo has John Frawley as the new MN Zoo Director. He now has four years under his belt and a new vision for the zoo. Chamber President Ed Kearney had an idea which the new Zoo Director loved so Ed was invited to have a catered tablecloth lunch in the Director’s office. Ed invited two YMCA Directors to join him at the luncheon as it concerns the untapped land-use at the zoo’s vast acreage of land. Ed’s ideas were discussed at length with the Director and the Assistant Director for nearly 2 hours. Without sharing the details here for future growth, we will continue meeting to discuss feasibility. We are now better positioned as a CVB to become closer partners with the Zoo than we ever have been. Valleywood’s event center is already helping us attract weddings, meetings, small conferences, training seminars and sports celebrations, something we used to lose to other surrounding cities. Our CHAMBER IS HOSTING OUR 2020 MAY GALA AT VALLEYWOOD as a good gesture to all the City and Valleywood as well as Food & Beverage caterer Roasted Pear have all done to keep our Chamber Golf Tournament the premier event that it is. We still need a place however for very large weddings in the future such as the 300-350 range. Clearly a city owned event center doesn’t compete with privately owned centers as there is still great demand. If Valleywood Clubhouse were to ever double in size as far as one large dividable banquet room, large weddings and corporate, sports and non- profit groups booking Valleywood Clubhouse annually. With all of the churches and weddings in Apple Valley, this is an opportunity cost going to other cities. CTM Brochure distributes our Apple Valley Tourism brochure at over 600 racks from Des Moines to Duluth and Wisconsin. This is our third year with added brochure distribution points in Wisconsin in Eau Claire and Rochester down to La Crosse, Wisconsin. We are currently looking at new designs for the Visitor Brochure for Apple Valley also which features the addition of Abdallah Candies and their gift shop on the cover underneath Minnesota Zoo. The CVB continues to invest money into many of the local sporting events at the High Schools, bowling alleys and park and recreation fields and facilities. Most of the money is for “Welcome to Apple Valley” ads in the event programs with visitor website information. Hockey, bowling & soccer are the most popular events and we always put “Welcome to Apple Valley” ads in each. We also assisted both years financially and with planning with the Minnesota Special Olympics which were held at Eastview. Since we moved our new Home & Garden Expo site-host to Eastview High School, we have over 6,000 visitors eat and shop in Apple Valley. In return, we think we can better integrate students into the Expo for experience and work closer with their events and championships to attract more visitors. Our Red-line Transit BRT Line is a real asset to both hotels. Within one block of either hotel, visitors or just part of their family can take the transit to the outlets, Mall of America or to either Minneapolis or St. Paul downtown areas. Continuing CVB Programs We will again in 2020 have Apple Valley with a strong presence on the Calendar pages of the enhanced marketing in Explore Minnesota’s Newspaper insert in the Star Tribune to millions of readers statewide (3 times per year) and distributed at Visitor Centers and in fulfillment mailings and also put in every Star Tribune delivered statewide at least 3x annually. We spend $15,000 on these 3 editions but the coverage is statewide and western Wisconsin. We will soon re-print our popular walking around map of downtown Apple Valley for the hotels counters in full color tear off sheets and for major events. The Zoo and the Athletic Associations and campgrounds also use these in great quantity. Chamber/CVB Leadership • Chamber President Ed Kearney in his 18th year as President, recently served two terms as the Chairman of the Metropolitan Coalition of Chambers of Commerce. Ed has recently been named to a 3 year term on the MINNESOTA CHAMBER’S STATEWIDE CHAMBER PRESIDENTS BOARD which focuses on development of unifying ALL chamber presidents on issues, events, training and leadership. Ed’s leadership brings great attention to Apple Valley as well as helps with future co-op opportunities with other CVB’s and Chambers. • Ed four years ago was selected by the US Chamber Board Chairman of their Institute Program at Loyola Marymount College in Los Angeles, California, to be head of their incoming junior class of Chamber Presidents in US and Europe. Only four Chamber Presidents in the country were selected to help lead this non-profit certification program. Ed Kearney completed his own certification in this program 14 years ago. This is a 4 year summer program where Chamber Presidents become certified by US Chamber as IOM or a degree of Institute of Organizational Management. This is a huge honor to be one of only four selected out of thousands of Chamber Presidents in the US. • Chamber President Ed Kearney had spent nearly a decade representing Apple Valley on the critical Minnesota Zoo’s Legislative Board. We have been instrumental in helping secure $42 million for the Minnesota Zoo the last three years that paid for their Grizzly Coast and now the “Heart of the Zoo” $20 million project completed last year. This funding helps expand the Zoo into a world class Zoo, thereby benefitting Apple Valley directly. • Chamber President Ed Kearney also has top experience in having spent nearly a decade as Director of Tourism for Colorado Springs CVB as well as a year as the Director of both the domestic and international tourism departments for Mall of America. • Chamber President Ed Kearney serves on many boards from Wings Legislative Board to the Superintendent’s School Districts Facilities Safety & Expansion Advisory board. Ed also has served on the YMCA’s, DCTC’s Entrepreneur Board, two term Chairman of Metro Chamber Presidents Minnesota Chamber’s Chamber Presidents Board (MCCE) and many others. Attachment: Apple Valley Convention & Visitor Bureau 2020 Budget I T E M: 4.L . C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A dopt Resolution Directing P reparation of Plans and S pecifications for Project 2020-117, L ebanon Cemetery Covered Ceremony S helter S taff Contact: Matt Saam, Public Works Director Department / Division: P ublic Works Department AC T I O N RE Q UE S T E D: Adopt the resolution directing preparation of Plans and Specifications for Project 2020-117, Lebanon C emetery C overed C eremony Shelter. S UM M ARY: As C ouncil is aware, the C ity is receiving a donation from a private citizen toward the design and construction of a covered ceremonial structure at Lebanon C emetery. In order to begin the design work on the plans for the structure, staff is requesting authorization for the project from the C ity Council. T he scope of the project consists of the following: • C onstruction of a covered shelter structure • C onstruction of a concrete walkway from the west drive aisle to the structure • C onstruction of a concrete walkway from the east drive aisle to the structure • Landscaping within the construction area A depiction of the proposed project area is shown (labeled as Ceremony Shelter) in the center of the attached Master Plan for the cemetery. T his project is planned for construction in 2020. T he project development tasks for the proposed improvements would involve the following scope of work. • C onduct a topographical field survey to collect ground elevation, utility locations, and surface features within the proposed work zone. • C onduct a geotechnical investigation and soil borings within the work zone. • Prepare plans, specifications, and a project cost estimate. • Review project plans and cost estimate with the City C ouncil prior to bid process. B AC K G RO UND: On November 26, 2019, the C ity C ouncil approved a donation agreement with Paul Rosenau for construction of a ceremony shelter at Lebanon Cemetery. B UD G E T I M PAC T: Estimated project costs and funding are summarized as follows: Estimated Project C osts: C onstruction Cost $ 309,000 C onstruction Contingency (10%)$ 31,000 Engineering, C ontract Admin, Inspection, Testing, Surveying (20%)$ 68,000 Total Estimated C ost $ 408,000 Estimated Project Funding: Donated Funds $ 250,000 C emetery Fund $ 160,000 Total Estimated Funding $ 410,000 AT TAC HM E NT S : Map Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2020- A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT 2020-117, LEBANON CEMETERY COVERED CEREMONY SHELTER WHEREAS, the City is receiving a donation toward the construction of a covered shelter at Lebanon Cemetery in 2020; and WHEREAS, the City Council has reviewed the scope of proposed improvements associated with the 2020 Lebanon Cemetery Covered Ceremony Shelter project; and WHEREAS, the City Council considers it to be in the best interest of the City to begin the design process and have plans and specifications prepared for said improvements scheduled for construction in the year 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. Improvement Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter is hereby established. 2. Staff is directed to conduct preliminary field work and prepare plans and specifications. ADOPTED this 9th day of January 2020. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.M. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A pprove E ncroachment Agreement with Magellan Pipeline Company L .P., for P roject 2019-107, Menards Street and Utility I mprovements S taff Contact: B randon A nderson, City Engineer Department / Division: E ngineering Division AC T I O N RE Q UE S T E D: Approve the encroachment agreement with Magellan Pipeline Company L.P., for easement encroachment associated with Apple Valley project 2019-107, Menards Street and Utility Improvements. S UM M ARY: Attached for consideration is an encroachment agreement with Magellan for construction activity within their existing pipeline easement. As part of the Menards Street and Utility project, grading and public utility installation will occur within an existing Magellan easement. In order to perform this work, an encroachment agreement with Magellan is required. T he agreement essentially serves as a means to review the design of any infrastructure over or crossing the pipeline. T his helps ensure that sufficient safety precautions are followed, and protection of the Magellan infrastructure is maintained during construction activity. T he agreement also spells out specific requirements for work around the pipeline. Examples of such requirements are two feet of minimum pipe separation, presence of a Magellan representative whenever working around the pipeline and limitations on the type and size of infrastructure that can be constructed over the pipeline. All necessary reviews have been approved and Magellan has authorized the agreement for signature. B AC K G RO UND: On August 22, 2019, C ity C ouncil approved agreement with Menard, Inc., for Private Installation of Public Infrastructure for Menards at Hanson C oncrete related to Projects 2019-107, Menards Street and Utility Improvements, and 2019-110, 147th Street and J ohnny Cake Ridge Road Intersection Improvements. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Agreement 1 Encroachment Agreement EA-F Xing – 1-01-12 – Tract 8113 Dakota County, MN - Agent AR - Project 19-079 (Drafted by & when filed return to: Magellan Pipeline Company, L.P., P. O. Box 22186, MD 27-2 (S. Guthrie), Tulsa, Oklahoma 74121-2186, 918/574-7350.) ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made and entered into by and between Magellan Pipeline Company, L.P., a Delaware limited partnership, whose address is P.O. Box 22186, Tulsa, Oklahoma, 74121-2186, (hereinafter called "Magellan"), and City of Apple Valley, a municipal corporation, whose mailing address is 7100 147th Street W, Apple Valley, Minnesota 55124 its successors, assigns and grantees (hereinafter called “City”). WITNESSETH: WHEREAS, City represents and warrants that City has the right to construct a roadway and roadway improvements on all the certain land (hereinafter “Subject Land”), described on attached Exhibit “A” and made a part hereof; and WHEREAS, Magellan is the owner of certain pipelines, pipeline facilities and appurtenances (hereinafter referred to as the "Magellan Facilities") and easement rights therefor, (hereinafter referred to as the "Easement", whether or not rights were granted in one or more documents or acquired by operation of law). For purposes of this Agreement only, “Magellan’s Easement Tract” shall be considered to be any area within the Easement. The land referenced in the Easement includes the Northeast Quarter of the Southwest Quarter (NE ¼ SW¼) and the Northwest Quarter of the Southeast Quarter (NW ¼ SE ¼) of Section 26 Township 115 North, Range 20 West, Dakota County, Minnesota, pursuant to those certain instruments recorded in the records of said county and state and described as follows: 1) Right of Way Agreement as to a pipe line or pipe lines dated August 22, 1955, from Stephen Delaney and Teresa Delaney, husband and wife, in favor of Roseline Company (Magellan’s predecessor in interest), its successors and assigns, and filed for record in Book 64 of Miscellaneous Records at Page 552- 553 of the Dakota County Register of Deeds; and 2) Partial Release of Right of Way Agreement dated March 14, 1967, from Williams Brother Pipe Line Company (Magellan’s predecessor in interest) to Stephen Delaney and Teresa Delaney, filed for record with the Dakota County, Minnesota Register of Deeds in Book K, Page 194, Document No. 340748 on August 15, 1967; and 3) Assignment of Rights of Way (a partial assignment) executed by Williams Pipe Line Company (Magellan’s predecessor in interest) on December 1, 1981 to 2 Encroachment Agreement EA-F Xing – 1-01-12 – Tract 8113 Dakota County, MN - Agent AR - Project 19-079 Wood River Pipeline Company, recorded as Document No. 637707 in Dakota County, Minnesota; and 4) Right of Way Grant and Partial Release dated January 5, 2016 from Karamella, LLC in favor of Magellan Pipeline Company, L.P., filed for record as Document No. 3109646 in the Office of the County Recorder of Dakota County, Minnesota; and WHEREAS, for the purposes of this Agreement an “Encroachment” is defined as any use of the land within Magellan’s Easement Tract by someone other than Magellan which could interfere with Magellan’s Easement rights or could create safety concerns related to Magellan’s Facilities as more fully described in Magellan’s General Encroachment Requirements as set forth in attached Exhibit “B” and incorporated herein by reference. Magellan does not permit or authorize any Encroachments unless specifically approved in a written agreement identifying all “Approved Encroachments”; and WHEREAS, City desires to obtain Magellan’s consent for one or more Encroachments on Magellan’s Easement Tract; NOW, THEREFORE, in consideration of the covenants and agreements herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Magellan, subject to the following terms and provisions, hereby consents to the Encroachments listed below as “Approved Encroachments” described and limited pursuant to the following specified plan drawings, which were furnished by City to Magellan (“Plan Drawings”) and attached hereto as Exhibit “C”: 1) Drawing No. C5.03 – Menards Street & Utility Improvements by Bolton & Menk, Inc. dated 9/16/19 for Project No. 2019107/2019110 2) Drawing No. C9.02 – Menards Street & Utility Improvements by Bolton & Menk, Inc. dated 9/16/19 for Project No. 2019107/2019110 TERMS AND PROVISIONS 1. Approved Encroachments. The Approved Encroachments, as further identified, described and limited in the Plan Drawings as set forth in Exhibit “C” are limited to the following: (a) Fernando Avenue at ESN 399+69 (#3-10”) and ESN 403+92 (#2-12”) City will construct Fernando Avenue on the Magellan Easement Tract and across Magellan’s Facilities Pine Bend – Rosemount #3-10” (Line ID 6190) at approximately ESN 399+69 and Pine Bend – Rosemount #2-12” (Line ID 6415) at approximately ESN 403+92. The current depth of cover is 5’. The new roadway will consist of asphalt pavement and grading plans 3 Encroachment Agreement EA-F Xing – 1-01-12 – Tract 8113 Dakota County, MN - Agent AR - Project 19-079 indicate that finish grade will leave approximately 5.5’ of cover. Sub-cut of 12” will be allowed on the Magellan easement for the construction of the new roadway. City will maintain a minimum of 4’ of cover between Magellan’s Facility and finish grade. A Magellan representative is to be onsite during construction activities. Construction activities will be limited over the pipeline during installation activities. See “Other Considerations” for details. (b) Proposed 15” RCP at ESN 408+67 (#3-10”) and ESN 412+90 (#2-12”) City will construct a 15” RCP across the Magellan Easement Tract and under Magellan’s Facilities Pine Bend – Rosemount #3-10” (Line ID 6190) and Pine Bend – Rosemount #2-12” (Line ID 6415) at approximately ESN 408+67 (#3-10”) and ESN 412+90 (#2-12”), respectively. Current plans propose 11 feet of vertical separation. A minimum vertical separation of 2 feet between the bottom of Magellan’s Facility and the top of the 15” RCP is required. If digging gets within 2 feet of the Magellan pipeline, hand digging is required. A Magellan representative is to be onsite during construction activities. Construction activity will be limited over the pipeline during installation activities. See “Other Considerations” for details. Other Considerations: Heavy Equipment Crossings Although exact construction equipment is not known at this time, pipeline stress calculations have been performed based on an assumed maximum loaded vehicle weight of 80,000 lbs. The stress calculations further assumed that the gross loaded vehicle weight was evenly distributed between two (2) axles resulting in a maximum wheel load of 20,000 lbs. Based upon these assumptions and the pipeline depths of provided by Magellan, equipment meeting the aforesaid criteria may safely cross the Magellan pipelines; however, a Magellan field representative will need to be present to verify the pipeline depth of cover prior to allowing equipment to cross. A minimum cover of three (3) feet shall be maintained for all equipment crossings over Magellan pipelines. Tracked equipment and equipment exceeding the maximum wheel load specified above will not be allowed to cross the Magellan pipelines without further evaluation of the pipeline stresses. If equipment exceeding the maximum wheel load specified above will need to cross the pipelines, detailed information will need to be received in order to perform pipe stress calculations. The following information will need to be received to perform a more thorough analysis of wheeled vehicles: loaded vehicle weight, number of axles on the front and rear, and weight distribution between the front and rear axles. For equipment on tracks, the following information is needed: loaded vehicle weight, length of track in contact with the ground, and track width. 2. No Other Encroachments. Except for the Approved Encroachments as allowed by this Agreement, City shall not create, erect, place or construct any other Encroachment on, above or below the surface of the ground on Magellan’s Easement Tract, or change the grade or elevation of the ground surface within Magellan’s Easement Tract or at any time 4 Encroachment Agreement EA-F Xing – 1-01-12 – Tract 8113 Dakota County, MN - Agent AR - Project 19-079 plant or allow any trees thereon or cause or permit any of these to be done by others, without the express prior written permission of Magellan. 3. Magellan On-Site Representative. Exclusive of Saturday, Sunday, and legal holidays, City shall notify Magellan a minimum of 48 hours in advance of any Encroachment activities on Magellan’s Easement Tract so that Magellan may arrange to have a representative present. At Magellan's option and at City's sole cost and expense, Magellan's representative may be on site during all Encroachment activities over or within ten feet (10') of the Magellan Facilities to confirm that no damage occurs to the Magellan Facilities. The presence of Magellan's representative or any verbal instructions given by such representative shall not relieve City of any liability under the Easement or this Agreement, and will not change the terms of the Easement or this Agreement, which may only be changed by written agreement by authorized representatives of City and Magellan. If pipeline, coating, cathodic protection and/or any other repair of Magellan Facilities is required by Magellan or if the safety of the Magellan Facilities is jeopardized, in Magellan’s sole judgment, City shall stop all construction activities on Magellan’s Easement Tract until said repairs are completed or until any unsafe construction practices are resolved to the satisfaction of Magellan’s on-site representative. Written notification of such construction activity shall be made to MAGELLAN PIPELINE COMPANY, Bruce Krech, Damage Prevention and Maintenance Officer, Cell: (612) 257-4726, Email: bruce.krech@magellanlp.com, or such other representative of Magellan, which Magellan may from time to time designate. 4. Protection of Magellan Facilities. City shall protect the Magellan Facilities if excavating and backfilling become necessary within Magellan’s Easement Tract. If excavating within 2 feet of any Magellan pipeline or when otherwise deemed necessary by Magellan’s on-site representative, City shall perform any necessary digging or excavation operations by hand digging. City shall reimburse Magellan for all costs of having a representative of Magellan on-site during construction activities related to the Approved Encroachments. 5. Breach. If either City or Magellan breaches this Agreement and the non-breaching party commences litigation to enforce any provisions of this Agreement, the reasonable cost of attorneys' fees and expenses will be payable to the non-breaching party by the breaching party upon demand, for all claims upon which the non-breaching party prevails. 6. Insurance. City shall procure or cause its contractors and subcontractors to procure and maintain in force throughout the entire term of this Agreement insurance coverage described below with insurance companies acceptable to Magellan for work performed related to the construction of the Approved Encroachments. All costs and deductible amounts will be the responsibility and obligation of the City or its contractors and subcontractors. Prior to commencing any activities related to the construction of the Approved Encroachments, the City must deliver to Magellan certificate(s) of insurance, naming Magellan Midstream Partners, L.P. and its Affiliates as an additional insured. The limits set forth below are minimum limits and will not be construed to limit the City’s liability: 5 Encroachment Agreement EA-F Xing – 1-01-12 – Tract 8113 Dakota County, MN - Agent AR - Project 19-079 (a) Workers' Compensation insurance complying with the laws of the State or States having jurisdiction over each employee and Employer's Liability insurance with limits of $1,000,000 per accident for bodily injury or disease. (b) Commercial General Liability insurance on an occurrence form with a combined single limit of $5,000,000 each occurrence; and for project specific, an annual aggregate of $5,000,000. Coverage must include premises/operations, products/completed operations, and sudden and accidental pollution. Magellan Midstream Partners, L.P. and its Affiliates (hereinafter defined), and its and their respective directors, officers, partners, members, shareholders, employees, agents, and contractors shall be included as additional insureds. The term “Affiliate(s)” as used herein means, with respect to Magellan Midstream Partners, L.P., any individual, corporation, partnership, limited partnership, limited liability company, limited liability partnership, firm, association, joint stock company, trust, unincorporated organization, governmental body, or other entity (collectively, a “Person”) that directly, or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with Magellan Midstream Partners, L.P. The term “control” (including the terms “controlled by” and “under common control with”), as used in the previous sentence means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of Magellan Midstream Partners, L.P. or such Person, as applicable, whether through ownership of voting stock, ownership interest or securities, by contract, agreement or otherwise. (c) The Sudden and Accidental Pollution can be a separate, stand alone policy, but must still meet the $5,000,000 minimum limit requirement. If the coverage is written on a claims- made policy form, the coverage must be maintained for two (2) years following completion of the work activities related to the Approved Encroachments. (d) In each of the above policies, the City or its contractors and subcontractors agree to waive and will require its insurers to waive any rights of subrogation or recovery either may have against Magellan and its affiliated companies. (e) Regardless of the insurance requirements above, the insolvency, bankruptcy, or failure of any such insurance company providing insurance for the City or its contractors and subcontractors, or the failure of any such insurance company to pay claims that occur, such requirements, insolvency, bankruptcy or failure will not be held to waive any of the provisions hereof. (f) In the event of a loss or claim arising out of or in connection with the construction of the Approved Encroachments, the City agrees, upon request of Magellan, to submit a certified copy of its insurance policies for inspection by Magellan. 6 Encroachment Agreement EA-F Xing – 1-01-12 – Tract 8113 Dakota County, MN - Agent AR - Project 19-079 (g) The City shall require all of its contractors and subcontractors for work related to the construction of the Approved Encroachments to provide adequate insurance coverage, all to be endorsed with the Waiver of Subrogation wording referenced in Section (d) above; any deficiency in the coverage, policy limits, or endorsements of said contractors and subcontractors, shall be the sole responsibility of the City. 7. Indemnification. City will indemnify, save, and hold harmless Magellan, its affiliated companies, directors, officers, partners, employees, agents and contractors from any and all environmental and non-environmental liabilities, losses, costs, damages, expenses, fees (including reasonable attorneys’ fees), fines, penalties, claims, demands, causes of action, proceedings (including administrative proceedings), judgments, decrees and orders resulting from City’s breach of this Agreement or caused by or as a result of the construction, use, maintenance, existence or removal of the Approved Encroachments and Other Encroachments located on the Magellan Easement Tract. The presence of Magellan’s representative or any instructions given by such representative will not relieve City of any liability under this Agreement, except to the extent that such liability results from Magellan’s or its representative’s gross negligence or willful misconduct. 8. Damage or Loss. City covenants that: (a) If at any time, in the sole opinion of Magellan, it becomes necessary for Magellan, to cross, occupy, utilize, move or remove all or portions of the Approved Encroachments placed on Magellan’s Easement Tract or constructed pursuant to this Agreement, for any purpose, including but not limited to surveying, constructing new facilities, maintaining, inspecting, operating, protecting, repairing, replacing, removing or changing the size of a pipeline(s) and appurtenances on Magellan’s Easement Tract and such activities by Magellan result in damage to or destruction of the Approved Encroachments, then repair, replacement or restoration of such Approved Encroachments shall be at the sole cost and responsibility of City. (b) If at any time, any encroachments belonging to or placed on behalf of the City which are not authorized by this or another written agreement (“Other Encroachments”) are found to be on Magellan’s Easement Tract, Magellan may at any time request City to remove such Other Encroachments, and if City refuses or fails to do so within a reasonable time, Magellan’s may remove them from Magellan’s Easement Tract to a location off of Magellan’s Easement Tract at City’s expense, unless they are allowed to remain by a written agreement between Magellan and City. Should such removal activities by Magellan result in damage to or destruction of the Other Encroachments, then repair, replacement or restoration of such Other Encroachments shall be at the sole cost and responsibility of City, and such Other Encroachments may not be repaired, replaced or rebuilt on Magellan’s Easement Tract without a written agreement between Magellan and City. 7 Encroachment Agreement EA-F Xing – 1-01-12 – Tract 8113 Dakota County, MN - Agent AR - Project 19-079 (c) If during the exercise of the rights granted by the Easement or by this Agreement, the Approved Encroachments and Other Encroachments, if any, are damaged, destroyed or suffer loss of value, City agrees to release Magellan, its affiliates, and its and their respective directors, officers, members, partners, shareholders, employees, agents and contractors from and against any and all liabilities, and damages or losses which may arise as a result of the damage to or loss of use of the Approved Encroachments and Other Encroachments, if any, caused by Magellan, its employees, agents and contractors. 9. Magellan Rights. Magellan and City agree that the existence of the Approved Encroachments or this Agreement does not constitute a waiver of Magellan’s rights under the Easement. Magellan hereby reserves and City hereby grants and confirms all of Magellan’s rights, title and estate as set forth in the Easement. 10. The terms and conditions of this Agreement will constitute covenants running with the land and be binding upon and inure to the benefit of the parties hereto, their successors, assigns and grantees. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. This Agreement shall become effective upon its complete execution by the parties hereto. In acknowledgement of the above agreement, the parties hereto affix their signatures on the dates stated below. MAGELLAN PIPELINE COMPANY, L.P. By Its General Partner, Magellan Pipeline GP, LLC By Its Undersigned Authorized Signatory: By: Name: Date: 8 Encroachment Agreement EA-F Xing – 1-01-12 – Tract 8113 Dakota County, MN - Agent AR - Project 19-079 CITY OF APPLE VALLEY, a Minnesota municipal corporation _______________________________ By: Mary Hamann-Roland Its: Mayor _______________________________ By: Pamela J. Gackstetter Its: City Clerk 9 Encroachment Agreement EA-F Xing – 1-01-12 – Tract 8113 Dakota County, MN - Agent AR - Project 19-079 STATE OF OKLAHOMA ) ) SS COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this _____day of _____________, 2020 personally appeared_______________________, to me personally known to be the Authorized Signatory for MAGELLAN PIPELINE GP, LLC, a Delaware limited liability company, who being duly sworn did acknowledge to me that she executed the foregoing instrument on behalf of said limited liability company as the free and voluntary act and deed, for the uses, purposes and consideration therein set forth. Witness my hand and official seal. ____________________________________ Notary Public My commission expires: ____________________ STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of ______________ 2020, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. Witness my hand and official seal. Notary Public My Commission Expires: 10 Encroachment Agreement EA-F Xing – 1-01-12 – Tract 8113 Dakota County, MN - Agent AR - Project 19-079 EXHIBIT “A” SUBJECT LAND Northeast Quarter of the Southwest Quarter (NE ¼ SW¼) and the Northwest Quarter of the Southeast Quarter (NW ¼ SE ¼) of Section 26 Township 115 North, Range 20 West, Dakota County, Minnesota EXHIBIT “B” TO ENCROACHMENT AGREEMENT, 1 of 4 General Encroachment Requirements – (L.P.– 1/1/07) MAGELLAN PIPELINE COMPANY, L.P. General Encroachment Requirements A. GENERAL - These requirements define the minimum standards of practice for encroachments by a landowner (including any developer, business entity, utility company or individual working for, or on behalf of, or with permission of landowner) (herein referred to collectively as “Owner”) to pipeline corridors and rights of way (“Magellan’s Easement Tract”) owned or operated by Magellan Pipeline Company, L.P. (“Magellan”). Upon written request by Owner to Magellan, a copy of these minimum requirements shall be provided to any developer, business entity, utility company or individual working on behalf of Owner or with the permission of Owner within Magellan’s Easement Tract. Specific circumstances may require additional precautions or more stringent methods in order to protect the integrity of Magellan’s pipelines and facilities. Magellan’s Easement Tract for purposes of these General Encroachment Requirements shall be considered to be any area within fifty (50) feet of any Magellan pipeline or other Magellan-owned or operated facility unless a different right of way width is specified by one or more recorded right of way or easement documents (herein collectively called “Easement”, whether one or more), in which case such specified width shall define Magellan’s Easement Tract. 1. Encroachment Definition. An “encroachment” is any use of the land within Magellan’s Easement Tract which could interfere with Magellan’s Easement rights or which could create safety concerns for Magellan pipelines and/or facilities located on Magellan’s Easement Tract. Encroachments include, but are not limited to: structures, fixtures, personal property, landscaping, foreign utilities, foreign pipelines, roadways, railroads, waterway crossings, water impoundments, walls, heavy equipment and heavy loads on Magellan’s Easement Tract, and also any excavation, digging, drilling, tunneling and addition, removal or disturbance of soil or subsoil within Magellan’s Easement Tract. 2. Magellan Representative Required On-Site. Magellan pipeline systems operate at high pressures, and for safety reasons, Magellan requires its company representatives to be on-site while Owner is excavating or performing other activities which could endanger the Magellan pipelines or other facilities on Magellan’s Easement Tract. For other activities of the Owner on the Magellan Easement Tract, the Magellan field representative shall determine whether Magellan’s continuous presence or periodic monitoring of encroachment activities will be required and shall inform the Owner. A Magellan representative will be made available upon 48 hours notice (exclusive of weekends and holidays) to determine the location and approximate depth of any Magellan pipelines. No excavation shall be commenced without prior written approval from Magellan and verification by Magellan of the location and approximate depth of its pipelines. 3. Magellan’s Facilities. Magellan’s facilities include, but are not limited to, Easement, rights of way, pipelines, meter and valve sites, aboveground piping manifolds and cathodic protection systems. 4. Land Use Change - Notification. The landowner and tenant, if any, must notify Magellan at any and every time when the land use will be changed for land on or adjacent to Magellan’s Easement Tract. Examples of such land use changes are: • Change from pasture to cultivation • Change in depth of tilling (e.g. plowing deeper or deep-breaking the land) • Change in that terraces will be cut or re-cut • Change from agricultural use to residential, commercial or industrial use. • Change from residential to commercial or from commercial to industrial. 5. Governmental Regulations and Industry Guidelines. Owner must comply with all applicable laws and regulations, as well as Magellan’s policies as expressed herein. Owner is also hereby referred to the Common Ground Alliance Best Practices which can be found on the web site: www.commongroundalliance.com (See “Program Information” / “Best Practices”) and which is available from Common Ground Alliance in booklet form for easy reference. Best Practices addresses the most common issues for damage prevention for an encroaching party, including, among others: Planning and Design; One- Call Center; Locating and Marking; Excavation; and Mapping. In the even of a conflict between laws and regulations, Magellan’s policies and the Common Ground Alliance Best Practices, the following priority shall govern encroachments on Magellan’s Easement Tract: 1st -- laws and regulations; 2nd -- Magellan policies; and 3rd -- Common Ground Alliance Best Practices. B. MAGELLAN RIGHT OF WAY PRACTICE 1. Personal Property and Fixtures To Be Kept Off of Magellan’s Easement Tract. In order to keep Magellan rights of way clear for operations, maintenance, inspection and emergency access, personal property and fixtures shall not be placed, stored or maintained on Magellan’s Easement Tract. Personal property and fixtures include, but are not limited to, storage sheds, automobiles, trailers, mobile homes, above-ground swimming pools, business equipment, product inventory, scrap metal, boulders, large rocks, debris, junk and piles of materials. 2. Encroachments Subject to Being Cleared from Magellan’s Easement Tract. Subject to the terms of its Easement (including right of way agreement[s] and other written agreements) , Magellan may keep Magellan’s Easement Tract clear of items that may hinder the exercise of Magellan’s rights to construct, operate, inspect, maintain, repair and access its pipelines and other facilities. Clearing of the Magellan’s Easement Tract shall include, but not be limited to the following: removal of trees, brush, crops, other vegetation and non-permitted encroachments located on or overhanging all or part of any Magellan’s Easement Tract. Trees or other vegetation overhanging Magellan’s Easement Tract may be side-trimmed. C. ENCROACHMENT PLANNING 1. Plan Review Required by Magellan. For any encroachment, Magellan must be provided project plans to review and approve, prior to the encroachment occurring, for purposes of damage prevention. 2. Submission of Complete Plans. Owner must submit complete plans to Magellan for review. Incomplete plans could delay Magellan’s engineering impact study and insufficient information could result in increased costs. Plans must include: • A plan view of the project with the pipeline(s) location included. • An illustration in profile of the existing surface elevations, the proposed surface elevations and the elevation of the Magellan pipeline(s). • A comprehensive utility /structure /grading plan depicting the relationship to the pipeline(s). • A proper legal description of the project location. • Complete landscaping plans. • Complete plans for backfilling and compaction of backfill material. 3. Plans Must Show Magellan’s Easement Tract, Pipelines and Facilities. All construction plans (prints) showing lands where all or any part of Magellan’s Easement Tract, any Magellan pipeline or facility is located must contain the following: • Location and depth of all Magellan pipelines and facilities • The width of Magellan’s Easement Tract • A standard warning statement conspicuously displayed containing the following language: WARNING HIGH-PRESSURE PIPELINE(S) Excavation and/or Construction Prohibited Without compliance with State One-Call AND Without Written Permission From MAGELLAN PIPELINE COMPANY, L.P. 4. Written Encroachment Agreement Required. A written, fully executed Encroachment Agreement must be in place between Magellan and Owner before Owner commences work on any encroachment. 5. Costs. Unless otherwise agreed in writing, all costs to Magellan that result from any encroachment should be paid by Owner. Such costs shall include, but not be limited to: modification, replacement, lowering, and protection of pipelines, including engineering evaluation and design, field labor and real estate research and document preparation and handling, 6. Pipeline Integrity Inspection. Prior to the installation of any structure, parking lot, roadway or other facility which might interfere with or hinder Magellan’s inspection of any pipeline or facility, Magellan will perform an integrity review of its pipeline and any other assets which may be affected by the proposed structure, parking lot, roadway or other encroaching facility in order to determine that Magellan’s assets comply with integrity requirements and to allow Magellan to make any needed changes prior to construction of any encroachments. 7. Soil On Magellan’s Easement Tract -- Removing and Adding. No soil shall be removed from or added to Magellan’s Easement Tract without written authorization from Magellan. Any soil added must be clean (without contaminants, trash or debris) fill dirt and must be limited in amount so that the resulting cover (vertical distance from the surface of the land to the top of Magellan’s pipeline) is not greater than eight feet (8’). 8. Erosion Control Materials. Erosion-control materials may be allowed on Magellan’s Easement Tract for temporary periods of construction and restoration. 9. Proof of Title to Property. Magellan may require Owner to provide proof of current ownership of the land where the proposed encroachment is to be located. Such proof may be in the form of a Title Commitment, Title Policy, or a copy of a recorded Warranty Deed. 10. Subdivision Plat. Magellan requires a copy of the Subdivision Plat, if applicable. If the plat has been recorded, Magellan requires a copy indicating the book and the page of the recording. 11. Location and Approximate Depth of Pipelines. A Magellan representative is normally available with 48 hours notice (exclusive of weekends and holidays) to determine the location and approximate depth of the pipeline(s). Determining actual depths of pipelines may require pot- holing or hand-digging by, and at the expense of Owner in the presence of an authorized Magellan representative. No excavation on Magellan’s Easement Tract shall take place without approval by Magellan. 12. Vertical Separation Between Magellan Pipeline or Facility and an Encroaching Object or Structure. Vertical separation is defined in this document as the vertical distance between the outermost part of a Magellan pipeline, facility or appurtenance (for example, the outside of the pipe [for uncased pipe] or the outside of the pipe casing [for cased pipe]) and the outermost part of the encroaching object (for example, the outside of the encroaching pipeline or the outside of its conduit). 13. Construction Equipment Information. Owner shall provide to Magellan information as to the type, size, and weight of construction equipment that will be used over or in the vicinity of the pipeline(s). D. ENCROACHMENT DESIGN REQUIREMENTS & STANDARDS 1. Risk of Loss and Damage. Owner shall bear the risk of loss, damage and/or destruction to any structure, fence, landscaping or improvement placed within the boundaries of Magellan’s Easement Tract and shall hold Magellan harmless Page 1 of 17 Page 2 of 17 Page 3 of 17 Page 4 of 17 Page 5 of 17 EXHIBIT “B” TO ENCROACHMENT AGREEMENT, 2 of 4 General Encroachment Requirements – (L.P.– 1/1/07) for damages, destruction of structures and for any consequential damages which may arise out of Magellan or its designees exercising Magellan’s Easement rights or which may arise out of accessing Magellan’s Easement Tract, pipelines or facilities. 2. Buildings, Structures and Fences. a. Buildings and Structures. No buildings, houses, barns, garages, patios, playhouses, sheds, septic systems or drain fields, swimming pools (above-ground or below-ground), reinforced concrete slabs or other similar structures will be permitted on the Magellan’s Easement Tract. b. Septic System not permitted. No septic-system, including any lateral lines will be permitted on Magellan’s Easement Tract. c. Retaining Walls. Retaining walls are not permitted on Magellan’s Easement Tract. d. Fences. No fence shall be constructed or maintained on Magellan’s Easement Tract without a written agreement. e. Requirements for Fences. If fencing on Magellan’s Easement Tract is authorized by a written agreement with Magellan, the fencing must comply with the following: 1) Not Parallel to Pipeline. No fence shall be allowed to be constructed parallel closer than 10 feet to any Magellan pipeline, within the boundaries of Magellan’s Easement Tract. 2) Fence Posts Location. No fence posts will be allowed to be within five (5) feet of any Magellan pipeline or facility. 3) Gates Required. Magellan may require any fence constructed within the boundaries of Magellan’s Easement Tract to have gates of such size and suitability as is necessary or convenient for Magellan to access its pipelines and/or facilities for its operations, including inspections, at each point where the fence crosses a Magellan pipeline or facility boundary. Magellan shall be allowed to put a Magellan lock on such gates, which will allow access to Magellan’s Easement Tract and/or facilities through such gates. 4) Angle of Fence Crossing. It is preferred that fence crossings be as close to 90 degrees as possible. 3. Landscaping, Elevation Changes and Water. a. Landscaping Definition. Landscaping shall include, but not be limited to, trees, shrubs, underground irrigation or sprinkler systems, sidewalks or other paths, retaining walls, terraces or other land grade changes, within Magellan’s Easement Tract. b. General Landscaping Requirements. The following are the general rules for landscaping on Magellan’s Easement Tract: 1)Written Approval. Landscaping proposed to be done on Magellan’s Easement Tract must be approved by Magellan in a written encroachment agreement. Among other terms, the encroachment agreement will release Magellan from any liability for damages to the landscaping from the exercise of Magellan’s Easement rights. 2) Trees Not Permitted. Trees are not permitted on Magellan’s Easement Tract. 3) Shrubs. Shrubs exceeding 3 feet in height and/or obstructing the view of any Magellan pipeline marker posts are not permitted on Magellan’s Easement Tract. 4) Irrigation Systems, Field Drain Lines, and Sidewalks. Irrigation systems, field drain lines and sidewalks that are to cross a Magellan pipeline must cross such pipeline at an angle as close to 90 degrees as possible, but in no event at an angle less than 45 degrees and must comply with other applicable provisions of this document. c. No Water Bodies on Magellan’s Easement Tract. Retention of water, including but not limited to, Livestock ponds, lakes, retention ponds, or wetlands may not be constructed or formed on Magellan’s Easement Tract. d. Surface Grade and Elevation Changes. Surface grade or elevation changes must be reviewed and approved in writing by Magellan. 4. Foreign Pipeline & Utility Crossings. No foreign pipelines or utility lines of any type shall be allowed to be constructed parallel to any Magellan pipeline within the boundaries of Magellan’s Easement Tract. a. Minimum Angle for Pipeline/Utility Crossing. Any foreign pipeline or utility that is proposed to cross a Magellan pipeline must cross the Magellan pipeline at an angle as close to 90 degrees as possible, but in no event at an angle less than 45 degrees. b. Vertical Separation Requirements for Crossing. Foreign pipeline(s), utilities (except high- voltage lines – see below) or flow lines should cross Magellan pipeline(s) with at least 24 inches of vertical separation. Special written authorization must be given in the event vertical separation is less than that specified in these General Encroachment Requirements. The preferred method for a foreign pipeline or utility to cross a Magellan pipeline is to cross below the Magellan pipeline. c. Warning Tape Required. When any foreign pipeline or utility line is proposed to cross a Magellan pipeline, Owner must place 6” wide McMaster-Carr No. 8288T12 or equal within Magellan’s Easement Tract in the following manner: 1) The tape must be placed directly over (parallel to) and at least 15 inches above the foreign line for the entire distance that it occupies Magellan’s Easement Tract. Additionally, the tape must be placed directly over (parallel to) and at least 15 inches above each Magellan pipeline that is crossed for a minimum distance which is the greater of: (a) a minimum distance of 20 feet on each side of the Magellan pipeline, or (b) across the entire width of Magellan’s Easement Tract 2) The placement of warning tape on each side of Magellan pipeline(s) will not be required for utility cables that are installed using the directional drill or jacking method. d. Crossings By Metal Pipelines or Conduits. Metallic pipe crossing Magellan pipeline(s) may require Magellan to perform a cathodic protection interference survey. If interference with Magellan’s cathodic protection system is detected and remediation is necessary, Owner agrees to cooperate with Magellan and to make necessary adjustments in Owner’s interfering metallic pipe or other remediation to correct such interference problem insure that the Magellan cathodic protection system is operating properly. e. Crossing Requirements. Electrical, fiber optic, local service communication, long distance carrier telephone, and utility cables should cross Magellan pipeline(s) with a minimum of 24-inches of vertical separation. All such lines must be covered with a Concrete Slab for the full width of the Easement Tract, if requested by Magellan. If such lines have an exposed concentric neutral, a test point from the ground wire shall be installed by the power company. f. Crossing Requirements For Lines Going Over a Magellan Pipeline. In the event the electrical, fiber optic, local service communication, long distance carrier telephone, and utility cables cable crosses over a Magellan pipeline, such line shall be encased in red concrete across the full width of Magellan’s Easement Tract, unless a variance is granted by Magellan, as set forth below. g. Written Authorization for Variance. Owner must have written authorization from Magellan for any variance from the vertical separation requirements listed above and/or for any variance from the requirement for encasement of high-voltage electrical lines in red concrete. h. Utility Poles and Guy Anchors. Utility poles and guy anchors shall not be placed on Magellan’s Easement Tract without a written agreement. With a written agreement, poles and anchors may be placed no closer than 20 feet to any Magellan pipeline. Poles shall not be allowed to run parallel to a Magellan pipeline within the Magellan Easement Tract. i. Directional Drilling / Boring. 1) Prior to commencing any horizontal directional drilling, Owner shall submit plans showing procedure and material descriptions for Magellan’s approval. The plans and description shall include, but not be limited to the following: • Profile and plan showing location of entry and exit points • Work space required to perform the work • Mud containment and disposal sites 2) Owner shall positively locate and stake the location of Magellan’s existing pipelines and other underground facilities, including exposing any facilities located within 10 feet of the designed drilled path. Prior to commencing drilling operations, Owner shall modify drilling practices and down-hole assemblies to prevent damage to Magellan’s existing pipelines and other facilities. Owner shall be responsible for losses and repairs occasioned by damage all Magellan pipelines and other facilities resulting from drilling or boring operations. 3) At all times, Owner shall provide and maintain instrumentation to document and accurately locate the pilot hole and the drill bit, to measure drill-string axial and torsional loads, and to measure drilling fluid discharge rate and pressure. At Magellan’s request, Owner shall promptly provide Magellan with reasonable access to information and readings provided by these instruments, including copies of any written documentation. 4) Pilot Hole. • The pilot hole shall be drilled along the path shown in the plan and profile drawings. No pilot hole shall be made that will result in any of the encroaching utility being installed in violation of laws and regulations or of Magellan’s requirements described herein. However, safety for any adjacent utilities and/or structures is of utmost importance. Therefore, the listing of separation distances or tolerances herein does not relieve Owner from responsibility for safe operations or for damage to adjacent utilities and structures. • If tolerances are not specified in the plan and profile drawings, the pilot hole shall have the following tolerances: • Elevation of +0 feet and -15 feet • Alignment of +/-20 feet as long as it does not come to within 10 feet of Magellan’s pipeline • Initial penetration of ground surface at exact location shown in the plan and profile drawings • Final penetration of the ground surface within +/-10 feet of the alignment and within +30 feet and -0 feet of the length shown in the plan and profile drawings • Curves shall be drilled at a radius equal to or greater than that specified in the plan and profile drawings. The drilled radius will be calculated over any 3 joints (range 2 type drill pipe) segment using the following formula: Rdrilled = (Ldrilled/Aavg) x 180/π Where: Rdrilled =drilled radius over Ldrilled Ldrilled = length drilled; no less than 75 feet and no greater than 100 feet Aavg = total change in angle over Ldrilled • At the completion of the pilot- hole drilling, Owner shall provide to Magellan a tabulation of horizontal and vertical coordinates, referenced to the drilled entry point, which accurately describe the location of the pilot hole. 5) Drilling Fluids. •The composition of drilling fluids proposed for use shall comply with all applicable laws and regulations. • Owner is responsible for obtaining, transporting and storing any water required for drilling fluids. • Disposal of drilling fluids and drill cuttings shall be Owner’s responsibility and shall be conducted in compliance with applicable laws and regulations. Drilling fluid shall not be disposed of by placing fluids on or under the surface of Magellan’s Easement Tract. • Owner shall employ best efforts to maintain full annular circulation of drilling fluids. Drilling fluid returns at locations other than entry and exit points shall be minimized. If annular circulation is lost, Owner shall take steps to restore circulation. If inadvertent surface returns of drilling fluids occur, they shall be immediately contained with hand-placed barriers (e.g., hay bales, sand bags, silt fences, etc.) and collected using pumps as practical. If the amount of surface return is not great enough to allow practical collection, the affected area will be diluted with fresh water and the fluid will be allowed to dry and dissipate naturally. If Page 6 of 17 Page 7 of 17 Page 8 of 17 Page 9 of 17 Page 10 of 17 EXHIBIT “B” TO ENCROACHMENT AGREEMENT, 3 of 4 General Encroachment Requirements – (L.P.– 1/1/07) the amount of surface return exceeds that which can be contained with hand-placed barriers, small collection sumps (less than 5 cubic yards) may be used unless permits or other regulations prohibit the use of collection sumps. If the amount of surface return exceeds that which can be contained and collected using barriers or small sumps, or if the return of drilling fluids occurs in the body of water proper, drilling operations will be suspended until surface return volumes can be controlled. 6) As-Built Drawing. Owner shall provide to Magellan an as-built plan and profile drawing of the drilled crossing showing the location of the new crossing as well as the location of Magellan’s pipeline. 5. Roadway, Driveway, Railroad and Equipment Crossings. No roadway, driveway, railroad or equipment crossings of any type shall be allowed to be constructed parallel to any Magellan pipeline within the boundaries of Magellan’s Easement Tract. a. Pipeline Integrity Inspection. A pipeline integrity review shall be performed by Magellan as described in provision “6” under “C. Encroachment Planning” (above). b. Load Bearing and Stress Limit Requirements. Prior to any road, driveway, rail bed or equipment crossing construction, Magellan’s engineer must determine whether the proposed compacted cover meets load-bearing requirements and provides adequate protection to limit stress on Magellan’s pipeline or other facilities and must advise Owner of any additional requirements necessary to provide adequate protection. c. No Crossing Over Pipeline Bend. Paved surfaces or rail beds shall not be allowed to cross a pipeline bend (point of inflection). d. Minimum Angle of Crossing. Crossings should be as close to 90 degrees to Magellan pipeline(s) as possible, but not less than 30 degrees. e. Pipeline Casing Issues. Magellan prefers that cased roadway and railroad crossings no longer be installed. If the carrier pipe under roadways and railroads requires adjustment or relocation, then instead of using casing, the carrier pipe will consist of extra strength material or heavier wall thickness to accommodate the additional longitudinal stress due to external loads. If a road or railroad crossing currently uses casing and the road or railroad is being widened and no other adjustment or relocation of the carrier pipe is required, then Magellan may elect to extend the casing pipe on the existing crossing(s) to accommodate additional road surface. If casing is used, it must not end under the roadway surface or track structure, but must extend across the entire length of the roadway or railroad right of way. f. Railroad Crossing Requirements. Railroads shall be installed with a minimum compacted cover over the carrier pipe, as measured from the base of the rail to the top of the pipe, as follows (see Figures 1 and 3): Location of Pipeline Minimum Compacted Cover Over Top of Pipeline Under track structure proper (Below bottom of rail) 6.0 feet Under all other surfaces within the right of way or from the bottom of ditches 3.0 feet g. Roadway and Driveway Crossings. Roadways and driveways, shall be installed with a minimum compacted cover over the carrier pipe, as measured from the top of the roadway surface to the top of the pipe, as follows (see Figures 2 and 4): Location of Pipeline Minimum Compacted Cover Over Top of Pipeline Under roadway surface proper (Below surface of pavement) 4.0 feet Under all other surfaces within the right of way or from the bottom of ditches 3.0 feet h. Crossing Pipelines Transporting Highly Volatile Liquids. For Magellan pipelines transporting highly volatile liquids, minimum cover for a crossing at a drainage ditch must be 4.0 feet. i. When Additional Depth Required. Depth greater than the minimum depths stated above may be required for a pipeline due to the combined stress of internal pipeline pressure and external loading pressure. Magellan will analyze each proposed crossing based on information provided by Owner to determine any additional depth that may be required for the pipeline for safe operation. j. Temporary Roads and Equipment Crossings. Any such road or crossing must meet the following requirements: • Must be located at a site approved by a Magellan field representative. • Must provide adequate protection for Magellan’s pipeline and other facilities, as determined by the appropriate Magellan engineer, so that the compacted cover meets load-bearing requirements and provides adequate protection to limit stress on the pipeline or other facilities. • Owner shall place Six-inch wide plastic warning tape, McMaster-Carr No. 8288T12 or equal, over each pipeline for the width of the temporary road or equipment crossing, plus an additional 20 feet past each outside edge of such temporary road or equipment crossing k. Owner Required to Protect Magellan Pipelines. Magellan may require Owner to put in place additional cover and/or stabilization (timbers, steel plate, crushed rock, concrete slab, etc.) at any approved equipment crossing in order to protect Magellan pipelines, taking into account possible effects of weather, pipeline depth, and type of vehicles proposed to cross the pipelines. Magellan will analyze each proposed crossing based on information provided by Owner to determine any additional depth or protection that may be required for safe pipeline operation. l. Heavy Equipment - Definition and Requirements. Heavy equipment shall be defined as vehicles having a gross weight in excess of 80,000 pounds. Heavy equipment shall be prohibited from working directly on top of the active pipeline. For vehicles having a gross weight of 80,000 pounds or less, the pipeline must have a minimum of 4 feet of cover. Magellan must analyze the additional longitudinal stress due to external loads if the vehicles have a gross weight in excess of 80,000 pounds in order to determine required pipeline depth for safe operation. 6. Parking Lots and Other Pavement. a. Parking Lot and Pavement Requirements. All parking lots and other pavement installed on Magellan’s Easement Tract shall consist of a flexible surface such as asphalt. No reinforced concrete will be allowed. b. Pipeline Depth Under Parking Lot. The depth of Magellan’s pipelines under a parking lot must meet or exceed compacted cover requirements listed in the previous “Roadway, Driveway, Railroad, and Equipment Crossings” section above 7. Waterway Crossings. a. Pipeline Depth Requirements. If Owner proposes to cross a Magellan pipeline with a waterway (river, stream, creek, irrigation canal, or drainage ditch), such crossing must result in Magellan’s pipelines meeting or exceeding the minimum depth below the bottom of the waterway for compliance with then current pipeline construction standards and federal, state, and local regulations. b. Requirements for Waterway Crossings: 1) Minimum Angle or Crossing. Crossings should be as close to 90 degrees to Magellan pipeline(s) as possible, but not less than 45 degrees. 2) Vertical Separation Requirements for Waterway Crossing. Pipelines to be crossed must have a minimum vertical separation of five (5) feet, as measured from the bottom of the waterway to the outermost part of a Magellan pipeline, facility or appurtenance 3) Adding Weight to Pipeline for Negative Buoyancy. Owner shall bear the cost of Magellan adding sufficient weight or mechanical devices to any Magellan pipeline crossed by a waterway in order to create negative buo yancy for such pipeline. 8. Blasting. a. Magellan Written Approval Required – Plan To Be Submitted. Magellan must approve any proposed blasting operations that could affect its pipelines or facilities. Should blasting be necessary, a comprehensive plan must be submitted to Magellan for review and written approval. b. Safety Considerations – Damage Prevention Plan. For safety and preservation of Magellan assets, all blasting shall be in accordance with federal, state, and local governing agencies and the Magellan’s “Damage Prevention Plan for Blasting Near Company Facilities”. A copy of said plan will be made available upon request. E. EXCAVATION NEAR MAGELLAN PIPELINES. 1. STATE “ONE-CALL” REQUIRED. No excavation or activity listed in “A. GENERAL - 1. Encroachment Definition” above shall be performed by Owner in the vicinity of Magellan’s facilities or within Magellan’s Easement Tract until proper telephone notification has been made to the appropriate “One Call” system and a Magellan representative is on-site to monitor excavation activities. All of the states in which Magellan conducts pipeline operations have “One Call” laws, which require 48-72-hours notification prior to any excavation related activities. After making a One-Call, the state One-Call agency will notify Magellan to mark accurately, in a reasonable and timely manner, the location of the Magellan’s pipeline facilities in the vicinity of the proposed encroachment. 2. ONE-CALL NOTIFICATION. The following list is provided for convenience, but is not warranted by Magellan to be complete or accurate (telephone numbers were copied from each state’s web site on 1/5/2004). Owner is required to acquire and call the appropriate One-Call number(s) for its location of activity. Page 11 of 17 Page 12 of 17 Page 13 of 17 Page 14 of 17 EXHIBIT “B” TO ENCROACHMENT AGREEMENT, 4 of 4 General Encroachment Requirements – (L.P.– 1/1/07) Current “ONE-CALL” numbers and information can be found on each state’s “ONE-CALL” website: Arkansas - www.arkonecall.com/ - 800 482-8998 Colorado - www.uncc2.org/ - 800 922-1987 Illinois - www.illinois1call.com/ - 800 892-0123 Iowa - www.iowaonecall.com/ - 800 292-8989 Kansas - www.kansasonecall.com/ - 800 344-7233 Minnesota -www.gopherstateonecall.org/ - - 800 252-1166 Missouri - www.mo1call.com/ - 800 344-7483 Nebraska - www.ne-diggers.com/ - 800 331-5666 North Dakota -www.ndonecall.com/ - 800 795-0555 Oklahoma - www.callokie.com/ - 800 522-6543 South Dakota -www.sdonecall.com/index.asp - 800 781-7474 Texas - www.texasonecall.com/ - 800 245-4545 Wisconsin - www.diggershotline.com/ - 800 242-8511 Alternatively, the National One-Call number – (888) 258-0808 - may be used to register a proposed excavation and to subsequently notify underground utility operators with assets in the vicinity. 3. Excavation Plan Approval. Owner shall submit to Magellan for its approval plans for any proposed excavation on the Magellan Easement Tract. No excavation on Magellan’s Easement Tract shall be commenced until Owner has secured Magellan’s written approval of the plans. The excavation work shall be in compliance with all applicable laws and regulations. Owner is also referred to the Common Ground Alliance Best Practices (referenced in this document). 4. Magellan Representative On-Site for Excavation. A Magellan representative must be on-site when an excavation is occurring on Magellan’s Easement Tract (see provision “2” under “A. General” beginning on page 1). 5. Removal of Side-Cutting Teeth from Equipment. Side-cutting teeth shall be removed from buckets of excavating equipment. 6. Parallel Excavating Required. When, in preparation for crossing any Magellan pipeline with any other pipeline or with electric line, communication line, roadway or any other structure or facility, Owner needs to locate a Magellan pipeline by use of mechanical means. Owner must perform such locating activity by excavating parallel to the Magellan pipeline with such mechanical means, but shall cease using the mechanical means when it reaches a point within two feet of the Magellan pipeline (see next provision). 7. Exposing Pipeline by Hand. Excavating within 2 feet of any Magellan pipeline shall be done by hand-digging until the pipeline is exposed and its location is accurately known. Then, Owner must position the excavation equipment so that from the point of operations the equipment will not reach within 2 feet of any Magellan pipeline. RAILROAD AND HIGHWAY CROSSINGS Page 15 of 17 Page 16 of 17 Page 17 of 17 Minimum depth below ditch Minimum depth below ground Carrier pipe Casing End seal Minimum depth below bottom of rail Railroad Drainage ditch Vent CASED RAILROAD CROSSING C L C L FIGURE 1 C ASED HIGHWAY CROSSING Minimum depth below ditch Minimum depth below surface of pavement Drainage ditch Ve nt Carrier pipe End seal pipe Casing Highway FIGURE 2 Railroad Drainage ditch Uncased carrier pipe Minimum depth below ditch Minimum depth below ground Minimum depth below bottom of railCLCL UNCASED RAILROAD CROSSING FIGURE 3 Minimum depth below ditch Minimum depth below Surface Of Pavement Drainage Ditch Uncased Carrier Pipe HighwayCL CL FIGURE 4 11 Encroachment Agreement EA-F Xing – 1-01-12 – Tract 8113 Dakota County, MN - Agent AR - Project 19-079 EXHIBIT “C” PLAN DRAWINGS OS-2 FES-3>>>>>>>>G G G l G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G E E E E E E E E E E E E E E E E EEEEl l l l l ll l l l l l l l l l l l l ll lllllllll>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>S S S >>>>>>>>>>>>>>>>>>D EX MH-1 llllllllllllCONNECT TO EXISTING MANHOLE WITH CORE DRILL. PROPOSED SOUTH OPENING IS HIGHER THAN EXISTING. RECONSTRUCT INVERT AND PATCH EXISTING OPENING (INCIDENTAL) POND (WVR P55.1) NWL = 965.50 HWL = 980.79 CB-16 CB-17 CB-15A MH-15 EX MH-2 147th Street Fernando AvenueOUTLOT A >>>>>>>>>>>>>>>>>>>>>>>>D D>>>>>>CONNECT TO EXISTING MANHOLE WITH CORE DRILL CONSTRUCT 5' DIA MH OVER EXISTING 30" RCP SKIMMER STRUCTURE PER DETAIL CONNECT TO EXISTING MANHOLE WITH CORE DRILL INSTALL NEW MNDOT 4022 TOP SLAB FOR 60" MH, INCL 1642 CASTING & HDPE ADJ RINGS INSTALL NEW MNDOT 4022 TOP SLAB FOR 60" MH, INCL 1642 CASTING & HDPE ADJ RINGS 1718192020 15" FES (SUBMERGED) 950 960 970 980 990 1000 1010 1020 1030 1040 I=965.75 15" E I=965.50 15" SE I=965.50 15" N STA 0+87.6 R=980.79 OS-2 BUILD=15.29' DIA=6.0'???' X ???' I=963.00 15" NW STA 0+00.0 FES-3 88' 15" RCP @ -2.85% (SUBMERGED) 140' 15" RCP @ 0.60% I=964.66 15" S I=968.44 30" E I=979.28 15" SW I=963.98 15" S I=963.93 30" N STA 2+27.4 R=983.72 EX MH-1 963.60+00972.41+002+003+00 NWL = 965.50 1+03.83GAS EASEMENT 1+53.83GAS EASEMENT18" FLINT HILLS RESOURCES 10" MAGELLAN 12" MAGELLAN I=979.47 15" NE STA -0+19.4 R=983.47 CB-16 BUILD=4.00' DIA=???'2' X 3' 19' 15" RCP @ 1.00% I=964.66 15" S I=968.44 30" E I=979.28 15" SW I=963.98 15" S I=963.93 30" N STA 0+00.0 R=983.72 EX MH-1 74' - EX 30" RCP @ 0.43% 74' EX 30" RCP @ 0.43% I=977.33 15" E I=969.59 30" E I=977.44 18" N I=969.38 30" W STA 2+17.0 R=982.22 EX MH-2 30' 15" RCP @ 1.00% I=977.63 15" W STA 2+46.6 R=981.63 CB-17 BUILD=4.00' DIA=???'2' X 3' I=978.01 15" E I=969.06 30" E I=969.06 30" W STA 1+43.3 R=982.60 MH-15 BUILD=13.54' DIA=5.0'???' X ???' 143' - EX 30" RCP @ 0.43% 143' EX 30" RCP@ 0.43%983.72980.60+00 983.33980.2982.93979.81+00 982.56979.4982.34979.22+00 3+00 GRATE DETAIL A A PLAN VIEW AA BB965.5 (INV/NWL) 4" CIRCULAR OPENING INV = 965.5 #4 REBAR @ 12" OC (VERT & HORIZ) TOP OF WIER WALL = 980.79 2" X 6" KEYWAY CAST INTO WALLMONOLITHIC BOTTOM NOTES: 1.ALL PIPE JOINTS SHALL BE TIED. 2.BAFFLE WALL SHALL BE CONSTRUCTED TO PREVENT LEAKAGE AROUND THE WALL. SECTION A-A SECTION B-B 6'2'OUTER RING HIGH SIDE LOW SIDEB BA OS-2 SKIMMER DETAIL POND OUTLET 965.5 (INV/NWL) 980.79 965.5 980.79 (HWL) PROVIDE 4 - 1/2" SS ANCHOR BOLTS FLAT STEEL BATS @ 4" O.C. NO PERPENDICULAR SUPPORT BARS ALLOWED HOT-DIPPED GALVANIZED GRATE IN 2 SECTIONS WITH HEAVY DUTY HINGES ABLE TO SUPPORT 250 LBS/SF AND BE ABLE TO REMOVE ONE SECTION FOR ACCESS TO STEPS BY REMOVING NUTS FROM TWO ANCHOR BOLTS. SUBMIT SHOP DRAWINGS TO ENGINEER FOR REVIEW PRIOR TO FABRICATION. MANHOLE STEPS, NEENAH R1981J OR EQUAL, 16" ON CENTER. 950 960 970 980 990 1000 1010 1020 1030 1040 982.60979.50+00 1+00 I=978.21 15" W STA 0+10.0 R=982.21 CB-15A BUILD=4.00' DIA=???'2' X 3' 10' 15" RCP @ 2.00% I=978.01 15" E I=969.06 30" E I=969.06 30" W STA 0+00.0 R=982.60 MH-15 BUILD=13.54' DIA=5.0'???' X ???' SHEET NUMBER NO.DATE SURVEY APPROVED DESIGNED DRAWN PROJ. NO.WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISIONI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORTAND THAT I AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF PRINT NAME: SIGNATURE:DATE:LIC. NO.REVISION H:\APVA\N14117363\CAD\C3D\2019-107-C503.dwg 9/14/2019 3:12:37 PMCITY OF APPLE VALLEY, MINNESOTAMENARDS STREET & UTILITY IMPROVEMENTS/147TH ST RIGHT TURN LANE2019107/2019110CITY PROJECTS 2019-107 & 2019-110DJT/JMT MJB/AK MJBPROFESSIONAL ENGINEERMINNESOTA.MICHAEL J. BOEX09/16/2019445767100 147TH ST W APPLE VALLEY, MN 55124 0 CON SET 09/16/19 C5.03 STORM SEWER PLAN AND PROFILER WARNING HIGH-PRESSURE PIPELINE(S) EXCAVATION AND/OR CONSTRUCTION PROHIBITED WITHOUT COMPLIANCE WITH STATE ONE-CALL, AND WITHOUT WRITTEN PERMISSION FROM MAGELLAN PIPELINE COMPANY NOTES: 1.STATIONING IN PROFILE REFLECTS PIPE STATIONING. 2.UNLESS NOTED OTHERWISE, ALL STORM SEWER PIPE SHALL BE RCP CLASS 5. SEE SHEET C5.02 FEETSCALE 0 50 100 HORZ. FEETSCALE 0 10 20 VERT. 19+00 982 984 986 988 990 992 994 982 984 986 988 990 992 994 19+25 980 982 984 986 988 990 992 980 982 984 986 988 990 992 19+50 980 982 984 986 988 990 992 980 982 984 986 988 990 992 19+75 978 980 982 984 986 988 990 992 978 980 982 984 986 988 990 992 20+00 978 980 982 984 986 988 990 978 980 982 984 986 988 990 EXISTING GROUND (PRE-MASS SITE GRADING) PROPOSED FINISH GROUND PROPOSED FINISH GROUND ELEVATION PROPOSED DATUM ELEVATION 19+69.11 974 976 978 980 982 984 986 988 990 974 976 978 980 982 984 986 988 990 22.8986.0-22.7986.22.30%1.75%1.68% 19+86.55 976 978 980 982 984 986 988 990 992 976 978 980 982 984 986 988 990 992 22.7985.3-22.7985.42.29%1.68%1.70% 19+97.13 974 976 978 980 982 984 986 988 990 974 976 978 980 982 984 986 988 990 22.7984.9-22.7985.02.22%1.67%1.78%22.7987.9-22.7987.92.00%2.00% -70 -60 -50 -40 -30 -20 -10 985.8987.87CL +10 +20 +30 +40 +50 +60 +7022.7987.4-22.7987.42.00%2.00% -70 -60 -50 -40 -30 -20 -10 985.3987.43CL +10 +20 +30 +40 +50 +60 +7022.7986.8-22.7986.82.00%2.00% -70 -60 -50 -40 -30 -20 -10 984.7986.77CL +10 +20 +30 +40 +50 +60 +70 -70 -60 -50 -40 -30 -20 -10 984.0986.09CL +10 +20 +30 +40 +50 +60 +7022.7985.9-22.7985.92.00%2.00% -70 -60 -50 -40 -30 -20 -10 983.8985.89CL +10 +20 +30 +40 +50 +60 +70 -70 -60 -50 -40 -30 -20 -10 983.3985.38CL +10 +20 +30 +40 +50 +60 +70 -70 -60 -50 -40 -30 -20 -10 982.8984.91CL +10 +20 +30 +40 +50 +60 +7022.7984.8-22.7984.82.00%2.00% -70 -60 -50 -40 -30 -20 -10 982.7984.79CL +10 +20 +30 +40 +50 +60 +70 18" FLINT HILLS RESOURCES 10" MAGELLAN 12" MAGELLAN-23.3983.722.7983.50.32%0.95%1.34%1.92% 20+25 978 980 982 984 986 988 978 980 982 984 986 988 -70 -60 -50 -40 -30 -20 -10 981.4983.50CL +10 +20 +30 +40 +50 +60 +70 SHEET NUMBER SURVEY APPROVED DESIGNED DRAWN PROJ. NO.WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISIONI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORTAND THAT I AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OF PRINT NAME: SIGNATURE:DATE:LIC. NO.H:\APVA\N14117363\CAD\C3D\MISC 2019-107 Fernando Ave X Secs.dwg 12/2/2019 10:48:09 AMCITY OF APPLE VALLEY, MINNESOTAMENARDS STREET & UTILITY IMPROVEMENTS/147TH ST RIGHT TURN LANE2019107/2019110CITY PROJECTS 2019-107 & 2019-110DJT/JMT MJB/AK MJBPROFESSIONAL ENGINEERMINNESOTA.MICHAEL J. BOEX09/16/201944576C9.02 FERNANDO AVENUE CROSS SECTIONS I T E M: 4.N. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A pprove Agreement with S av-A-Tree, L L C, for P roject 2020-109, 2020 Right-of-Way Tree P runing S taff Contact: J eff L athrop, Acting S treet Superintendent Department / Division: S treets Division AC T I O N RE Q UE S T E D: Approve the agreement with Sav-A-Tree, LLC , for Project 2020-109, 2020 Right-of-Way Tree Pruning, in the amount of $41,650. S UM M ARY: In November 2019, quotes were requested from licensed tree contractors to prune 385 boulevard trees within the public right-of-way. Two of seven companies responded. (Bid tab attached.) With both quotes coming in over the budgeted amount, the City reduced the amount of trees by 30% to 270. Sav-A-Tree, LLC, responded to the updated proposal with a quote of $41,650.00. (Proposal attached.) City crews will be pruning the remainder of the boulevard trees within this area as time and weather allow. B AC K G RO UND: N A B UD G E T I M PAC T: Funding for the boulevard tree pruning project is included in the Public Works Streets 2020 operating budget. AT TAC HM E NT S : Bid / Quote Tabulation Proposal BID TABULATION PROJECT 2020-109 Right-of-Way Tree Pruning 1 Tree Pruning 385 300.00$ $59,500.00 295.00$ $98,600.00 TOTAL BID $59,500.00 $98,600.00 No.ITEM QUANTITY SavATree, LLC Davey Tree Expert Company Hourly Rate Hourly Rate I T E M: 4.O. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A pprove P ersonnel Report S taff Contact: Melissa Haas, Human Resources Manager Department / Division: Human Resources Division AC T I O N RE Q UE S T E D: Approve the personnel report. S UM M ARY: T he employment actions attached to this memo are recommended for City C ouncil approval. B AC K G RO UND: T he City Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. B UD G E T I M PAC T: Budgeted positions. AT TAC HM E NT S : Personnel Report PERSONNEL REPORT January 9, 2020 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) Kaya Chaput Rehire Facility Attendant - Warming House Casual, Seasonal 1800 $ 11.10 Hourly C-01 12/21/2019 Tyler DeBettignies Hire Facility Attendant - Warming House Casual, Seasonal 1800 $ 10.60 Hourly C-01 12/30/2019 Lainey Dwinnell Hire Facility Attendant - Warming House Casual, Seasonal 1800 $ 10.60 Hourly C-01 12/28/2019 Jared Flannery Hire Facility Attendant - Warming House Casual, Seasonal 1800 $ 10.30 Hourly C-01 12/28/2019 Timothy Halverson Hire Facility Attendant - Ice Guard/Concessions Casual, Variable Hour 1800 $ 10.60 Hourly C-01 12/28/2019 Brice Hanson Accept Resignation Police Officer Full-Time, Regular 1200 1/1/2020 Timothy Kapala Hire Facility Attendant - Warming House Casual, Seasonal 1800 $ 10.85 Hourly C-01 12/21/2019 Mary Keating Rehire Facility Attendant - Warming House Casual, Seasonal 1800 $ 11.40 Hourly C-01 12/27/2019 Thomas Keating Rehire Facility Attendant - Warming House Casual, Seasonal 1800 $ 11.40 Hourly C-01 12/27/2019 Joseph Kelley Hire Police Officer Full-Time, Regular 1200 $ 5,308.00 Hourly POLICE 1/13/2020 Eric Kline Hire Police Officer Full-Time, Regular 1200 $ 5,853.00 Hourly POLICE 1/13/2020 Jeffrey Lathrop Promotion Public Works Superintendent - Streets Full-Time, Regular 1600 $ 98,200.00 Annual 210E 1/18/2020 Christopher Lundberg Hire Police Officer Full-Time, Regular 1200 $ 5,853.00 Hourly POLICE 1/13/2020 Sally Nelson Rehire Facility Attendant - Warming House Casual, Seasonal 1800 $ 11.95 Hourly C-01 12/26/2019 Annemarie OKeeffe Rehire Facility Attendant - Warming House Casual, Seasonal 1800 $ 11.10 Hourly C-01 12/21/2019 Colin Pomeroy Rehire Facility Attendant - Warming House Casual, Seasonal 1800 $ 11.40 Hourly C-01 12/26/2019 Ethan Rose Hire Facility Attendant - Warming House Casual, Seasonal 1800 $ 10.60 Hourly C-01 12/21/2019 Steven Schuft Promotion Liquor Operations Assistant Director Full-Time, Regular 5010 $ 92,000.00 Annual 190E 1/18/2020 Irene Swain Rehire Facility Attendant - Warming House Casual, Seasonal 1800 $ 11.60 Hourly C-01 12/28/2019 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.P. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Consent A genda Description: A pprove Claims and B ills S taff Contact: Ron Hedberg, Finance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: Approve claims and bills. S UM M ARY: Attached for C ity C ouncil review and approval are check registers for recent claims and bills. B AC K G RO UND: N/A B UD G E T I M PAC T: Check registers dated December 18, 2019, and December 27, 2019, in the amounts of $2,475,776.30 and $1,035,870.49, respectively. AT TAC HM E NT S : Claims and Bills Claims and Bills I T E M: 5.A. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Regular A genda Description: P roclaim February 1, 2020, as “A pple Valley Mid-W inter F est” S taff Contact: B arry B ernstein, Director of P arks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Proclaim February 1, 2020, as “Apple Valley Mid-Winter Fest.” S UM M ARY: Approval of the attached proclamation is requested to formally announce activities associated with the annual Apple Valley Mid-Winter Fest C elebration, scheduled for Saturday, February 1, 2020, at the Apple Valley Community C enter/Hayes Park. B AC K G RO UND: A variety of activities for the whole family are planned for the 2020 Mid-Winter Fest. Most events are scheduled for Saturday, February 1, at Hayes Park and within Apple Valley Community C enter. However, co-rec and women's volleyball tournaments will be held on February 8 & 9. Staff invites the public to attend and "Don't Hibernate, Celebrate" with Apple Valley Parks and Recreation. B UD G E T I M PAC T: Funds within the 2020 Budget have been allocated to support this event, as well as donations from various sponsors. AT TAC HM E NT S : Proclamation Presentation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, the City Council feels strongly that winters are here to stay in Apple Valley; and WHEREAS, we are not going to hide from winter, rather we are going to go out and celebrate winter at a Mid-Winter Festival; and WHEREAS, there is no better place to celebrate winter than right here in Apple Valley; and WHEREAS, the activities proposed will foster a sense of individual and community pride within the City; and WHEREAS, the Apple Valley civic organizations, business community, Parks and Recreation Department and Mid-Winter Fest volunteers have joined together to support a wide variety of activities and civic celebration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that February 1, 2020, is hereby proclaimed: “APPLE VALLEY MID-WINTER FEST 2020” and the City Council encourages all citizens to support and participate in the celebration. PROCLAIMED this 9th day of January, 2020. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 1/9/2020 1 Saturday, February 1st 10am-2pm FREE fun filled event for the whole family Medallion Hunt Bonfire with FREE s’mores Horse Drawn Wagon Rides Ice Carving Mites Hockey Jamboree Ice Skating 1/9/2020 2 Prize Drawings Balloon Animals Caricaturist Drawings Face Painting Adult Cribbage Tournament Coloring Contest Inflatables •Photo Booth •KidsDance DJ •Community Booths •Crafts •Games •Wandering Entertainers •Scouting Adventure Zone Co-Rec Volleyball-Sat Women’s Volleyball-Sun 1/9/2020 3 Sponsors Booths & Activities TAGS Gymnastics-Balloon Creations Midwest Dental-Horse Drawn Wagon Rides The Goddard School-Bouncy Houses Royal Credit Union-Medallion Hunt Apple Valley Eye Care – S’mores Apple Autos-Caricaturist Kalli’s Popcorn-Magician Mindful Asset Planning-Adult Cribbage Tournament Remax Results/Glenn Solberg-Ice Carving AV & EV Hockey Associations-Mites Jamboree Park Dental of Apple Valley Dr. Jennifer Eisenhuth Orthodontics Cedar South Chiropractic Dakota County Library Dog Day Get Away Cole’s Salon & Spa Nothing Bundt Cakes Renewal by Anderson School District 196 ECFE Burnsville YMCA Target Mobile Truck Wise Swim School Fairview Ridges Hospital Boy Scouts of America Eastview & AV Hockey Associations Minnesota Zoo I T E M: 5.B. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Regular A genda Description: A dopt Resolution A ppointing Acting Mayor for 2020 S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Adopt the resolution appointing the Acting Mayor for the year 2020. S UM M ARY: T he Acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City, or in the case of vacancy in the office of Mayor, until a successor has been appointed and qualifies. T he C ity C ouncil is requested to appoint the Acting Mayor for 2020. T he attached resolution will be completed according to the Council’s decision. B AC K G RO UND: Minnesota Statutes §412.121 requires that the C ity C ouncil, at its first meeting of each year, choose an Acting Mayor from the C ouncil Members. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2020- RESOLUTION APPOINTING THE ACTING MAYOR FOR 2020 BE IT RESOLVED, that the City of Apple Valley, Dakota County, Minnesota, that Councilmember ________________ be appointed as Acting Mayor for the year 2020. BE IT FURTHER RESOLVED, that the Acting Mayor shall perform the duties of the Mayor during the disability or absence of the Mayor from the City. Absence of the Mayor from the City is defined as a continuous period of over 24 hours. ADOPTED this 9th day of January, 2020. Mayor Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 7. C O UNC I L ME E T I NG D AT E :J anuary 9, 2020 S E C T I O N:Calendar of Upcoming Events Description: A pprove Calendar of Upcoming E vents S taff Contact: S tephanie Marschall, Deputy City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the C ity Council. S UM M ARY: Day/Date Time Location Ev ent Wed./J an. 8 7:00 p.m.Municipal Center Traffic Safety Advisory Committee Meeting T hur./J an. 9 5:30 p.m.Municipal Center Informal City C ouncil Meeting T hur./J an. 9 7:00 p.m.Municipal Center Regular C ity Council Meeting Wed./J an. 15 7:00 p.m.Municipal Center Planning C ommission Meeting Mon./J an. 20 City Offices C losed Martin Luther King J r. Day Tue./J an. 21 2:00 p.m.Municipal Center Cemetery Advisory Committee Meeting Wed./J an. 22 9:00 a.m.Municipal Center Firefighters Relief Association Meeting T hur./J an. 23 6:00 p.m.Municipal Center ED A Meeting T hur./J an. 23 7:00 p.m.Municipal Center Regular C ity Council Meeting Fri./J an. 24 6:00-10:00 p.m.Apple Valley Senior Center City of Apple Valley Employee Recognition Event T hur./J an. 30 4:30-6:30 p.m.Augustana Care Chamber Business After Hours Sat./Feb. 1 10:00 a.m.-2:00 p.m. Apple Valley Community C enter / Hayes Park 2020 Apple Valley Mid-Winter Fest Wed./Feb. 5 7:00 p.m.Municipal Center Planning C ommission Meeting Fri./Feb. 7 7:30-9:00 a.m.Eagan Community Center MLC Regional Legislative Breakfast Meeting Sun./Feb. 9 12:00 p.m.Fire Station 1 Annual Firefighters Relief Association Meeting T hur./Feb. 13 5:30 p.m.Municipal Center Informal City C ouncil Meeting T hur./Feb. 13 7:00 p.m.Municipal Center Regular C ity Council Meeting Sat./Feb. 15 6:00-9:00 p.m. Bogart’s Entertainment Center Apple Valley Arts Foundation Frozen Apple Concert Series B AC K G RO UND: Each event is hereby deemed a Special Meeting of the C ity Council, the purpose being informational or social gathering. Only events marked with an asterisk (*) will any action of the Council take place. B UD G E T I M PAC T: N/A