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HomeMy WebLinkAbout02/13/2020 Meeting M eeting L ocation: M unicipal C enter 7100 147th S treet West Apple Valley, M innesota 55124 F ebruary 13, 2020 C IT Y C O UN C IL IN F O RMA L MEET IN G T EN TAT IVE D IS C USSIO N IT EMS 5:30 P M 1.C ouncil Discussion Items (10 min.) 2.Discuss Professional Services C ontracting (45 min.) 3.C ybersecurity Presentation (20 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.A pprove Minutes of J anuary 23, 2020, Regular Meeting B.A pprove Issuance of 2020-2021 License to Sell Tobacco or Tobacco Products to Top Star Tobacco and E-C ig, LLC, 15050 C edar Avenue, Unit 109 C .A pprove Change in Officer for D & D of Minnesota, Inc., d/b/a Famous D ave's BBQ Shack, in C onnection with On-Sale Wine and 3.2 Percent Malt Liquor Licenses at 7593 147th Street W. D.A pprove Fischer Sand & A ggregate, LLP, Annual C ommercial Extraction Permit for 2020 E.A pprove City C ouncil C ommittee Assignments for 2020 F.Receive Planning C ommission 2019 Annual Report G.A dopt Resolution Appointing Member to Fill Vacancy on Telecommunications Advisory C ommittee with Term Expiring March 1, 2020 H.Fire Department Equipment Online Auction 1. Declare Fire Department Apparatus 4990 and 4995 as Surplus Equipment 2. Authorize Disposal of Surplus Equipment by Public Auction I.A pprove Reduction of Various Financial Guarantees J .A dopt Resolution Approving Final Plat, Development Agreement and A ssociated Documents for Biewald Second Addition (14605 Glazier Ave.) K.A dopt Resolution Approving Plans and Specifications for Project 2020- 101, 2020 Street and Utility Improvements, and Authorizing A dvertisement for Receipt of Bids, on March 10, 2020, at 10:00 a.m. L.A dopt Resolution Approving Plans and Specifications for Project 2020- 105, 2020 Street Improvements, and Authorizing Advertisement for Receipt of Bids, on March 10, 2020, at 10:45 a.m. M.A dopt Resolution Approving Plans and Specifications for Project 2019- 108, C ounty Road 42 and J ohnny Cake Ridge Road Intersection Improvements, and A uthorizing Advertisement for Receipt of Bids, on March 10, 2020, at 10:30 a.m. N.A pprove Lease Agreement with Pear One, Inc., d/b/a Roasted Pear, for Exclusive Food and Beverage Service at Valleywood Golf C ourse O.A pprove Amendment to Legal Retainer Agreement Removing Gray, Plant, Mooty, Mooty & Bennett, P.A., and C onsenting to Zimmerman Reed, LLP, for Legal Services P.A pprove Agreement with Metropolitan Emergency Services Board for O piate Antidote Reimbursement Q.A pprove Agreement with Pro-Tec Design, Inc., for Municipal C enter Lower Level Security C amera and Access Systems R.A pprove Change Orders N o. 3 and 4 to Agreement with Fendler Patterson Construction, Inc., for C ity Hall - Lower Level Buildout, and Rename Previous C hange Orders No. 3 and 4 to C hange Order No. 2 S.A pprove Change Order No. 1 to Agreement with MacQueen Equipment, LLC , d/b/a MacQueen Emergency Group, for Apple Valley Rescue 2, and Approve Acceptance and Final Payment T.Set Special Informal C ity C ouncil Meeting for 2020 Goal Setting Session U.A pprove Personnel Report V.A pprove Claims and Bills 5.Regular Agenda Items A.Presidential Nomination Primary Update B.Proclaim May 16, 2020, "Kids to Parks Day" C .A pprove State C onsumption and Display Permit for Kumar's Apple Valley, LLC, d/b/a Kumar's, 14871 Granada Avenue D.A dopt Resolution Appointing Member to Fill Vacancy on Parks and Recreation Advisory C ommittee with a Term Expiring March 1, 2021 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Reminder: C ity Of f ices are closed Monday, February 17, 2020, in observance of President's Day Regular meetings are broadcast, live, on C harter C ommunications C able Channel 180 and on the C ity's website at www.cityof applevalley.org I T E M: 2. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:I nf ormal Agenda I tem Description: Discuss P rof essional Services C ontracting (45 min.) S taff Contact: Tom L awell, City Administrator D epartment / D ivision: A dministration Department AC T I O N RE Q UE S T E D: No formal action is required. T his topic is being brought forth for discussion as requested by the City C ouncil. S UM M ARY: T he C ity of Apple Valley relies on the services of various professional service consultants in carrying out the functions of local government. T he purpose of this informal workshop topic is to review how such services have been procured in the past and to hear from the C ity Council any suggestions they may have going forward. B AC K G RO UND : T he City utilizes the services of a wide variety of professional service consultants. T hese service areas are diverse and include general categories such as Auditors, Architects, Engineering, Financial Services, Insurance, and Legal. A ccording to the League of Minnesota C ities, municipalities "are not required to comply with competitive bidding requirements when contracting for professional services, such as those of doctors, engineers, lawyers, architects, and accountants as well as other services requiring technical, scientific, or professional training like refuse hauling and janitorial". While formal bids are not required, the City has from time to time issued Request for Proposals (RFP) or Request for Qualifications (RFQ) when seeking certain types of professional services. For example, in 2016 the City partnered with three other Dakota County cities to jointly issue a Request for Qualifications seeking professional services from engineering, inspections, surveying and other technical specialty firms. T hat process generated a list of 17 qualified firms available and approved to do work for the City. Not all professional services are procured using the RF P/RFQ process. Where the services of a specific consultant are desired, the C ity C ouncil has simply approved the hiring of the consultant without issuance of an RFP/RF Q. Typically consultants retained without use of an RFP/RFQ have been selected given their special expertise or historical familiarity with City-related issues or facilities. One example is the City's on-going relationship with C N H Architects. T hey have great familiarity with many C ity-owned buildings and are routinely retained to assist our staff on various projects. C urrently C N H Architects is assisting the C ity with the lower level construction project underway at the A pple Valley Municipal C enter. Another example would be legal services provided by Dougherty, Molenda, Solfest, Hills & Bauer P.A. T he firm has served as the City's legal counsel since the inception of the C ity. Annually the C ity C ouncil renews our affiliation with the firm through the approval of billing rates for the coming year. T he firm provides both general legal services and police prosecution services to the City. Staff will present additional information on the provision of legal services to the C ity at our informal meeting. In summary, the professional services provided by our various consultants are essential in serving our community. Without them we could not complete many of the tasks we need to accomplish each year. Depending on the types of consultant services needed, various approaches have been used to identify and retain qualified providers. Staff welcomes the Council’s questions and input at our upcoming informal workshop. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Presentation Discussion Regarding Professional Services February 27, 2020 Role of Consultants •The City utilizes the services of a wide variety of professional service consultants. •These service areas are diverse and include general categories such as Auditors, Architects, Engineering, Financial Services, Insurance, and Legal. Role of Consultants •According to the League of Minnesota Cities, municipalities "are not required to comply with competitive bidding requirements when contracting for professional services, such as those of doctors, engineers, lawyers, architects, and accountants as well as other services requiring technical, scientific, or professional training like refuse hauling and janitorial". Primary Consultants Used in 2019 Bolton and Menk, Inc. $617,581 Dougherty, Molenda Solfest, Hills & Bauer P.A. $603,884 Stonebrooke Engineering $461,377 SEH Engineering $457,013 Braun Intertec, Corp. $182,102 Executive Outdoor Services LLC $131,705 Midwest Electrical Technologies $110,499 Birch Tree Care $ 89,085 Role of Consultants •While formal bids are not required, the City has from time to time issued Request for Proposals (RFP) or Request for Qualifications (RFQ) when seeking certain types of professional services. •For example, in 2016 the City partnered with three other Dakota County cities to jointly issue a Request for Qualifications seeking professional services from engineering, inspections, surveying and other technical specialty firms. •That process generated a list of 17 qualified firms available and approved to do work for the City. Role of Consultants •Not all professional services are procured using the RFP/RFQ process. •Where the services of a specific consultant are desired, the City has simply approved the hiring of the consultant without issuance of an RFP/RFQ. •Typically consultants retained without use of an RFP/RFQ have been selected given their special expertise or historical familiarity with City-related issues or facilities. Role of Consultants •Example is the City's on-going relationship with CNH Architects. •They have great familiarity with many City-owned buildings and are routinely retained to assist our staff on various projects. •Currently CNH Architects is assisting the City with the lower level construction project underway at the Apple Valley Municipal Center. Role of Consultants •Another example is the City's on-going relationship with Northland Securities. •They have great familiarity with the City’s financial condition and are routinely retained to assist with: •Credit Rating Reviews with Moody’s and Standard & Poor’s •Analysis of Economic Development Requests •Issuance of Bonds Role of Consultants •Another example would be legal services provided by Dougherty, Molenda, Solfest, Hills & Bauer P.A. •The firm has served as the City's legal counsel since the inception of the City. Annually the City Council renews our affiliation with the firm through the approval of billing rates for the coming year. •The firm provides both general legal services and police prosecution services to the City. Legal Services Comparison Comparison of Legal Services Arrangements with 12 Other Cities Burnsville Eagan Eden Prairie Farmington Inver Grove Heights Lakeville Maple Grove Mendota Heights Plymouth Rosemount Shoreview Woodbury Legal Services Comparison •Three Broad Categories of Legal Services 1) General Legal Work 2) Criminal Prosecution 3) Development Work Legal Services Comparison General Legal Work •Hourly General Attorney Rates Ranged from $140 to $180 •Apple Valley Rate $162 •Apple Valley Uses a Monthly Retainer •Simplifies Monthly Invoicing •Reduces Hesitation for Staff to Contact Attorneys with Questions •Apple Valley General Legal Monthly Retainer $14,545 Legal Services Comparison Police Prosecution •Hourly Criminal Prosecution Rates Ranged from $120 to $157 •Many Cities Use a Monthly Retainer •Ranged from $18,255 to $32,631 •Apple Valley Retainer $28,199 Legal Services Agreements Real Estate Transactions Construction Projects Specially Assessed City Building Construction Environmental Issues Development Proposals Economic Development Authority Civil District Court Litigation Vehicle Forfeitures Court of Appeals and Supreme Court Litigation Litigation Before Administrative Agencies Apple Valley General and Prosecution Retainers Cover Everything Except: Legal Services Comparison Development Work •Hourly Development Legal Fees Ranged from $196 to $325 •Apple Valley Rate $249 •Reimbursable costs associated with development typically include time spent on subdivisions, rezoning, stormwater management, site plans/building permits, easements, access control, etc. Summary •Professional Services Provided by our Various Consultants are Essential in Serving our Community •Depending on the Types of Consultant Services Needed, Various Approaches Have Been Used in Identifying and Retaining Qualified Providers •Staff Welcomes the Council’s Questions and Input Discussion I T E M: 3. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:I nf ormal Agenda I tem Description: Cybersecurity P resentation (20 min.) S taff Contact: Nathan B ang, I T Manager D epartment / Division: Administration / I nf ormation Technologies AC T I O N RE Q UE S T E D: N/A S UM M ARY: T he C ity has engaged a myriad of cybersecurity related efforts to ensure a safe and secure computing environment designed to safeguard the C ity's data and information systems. T hese efforts rely on a multifaceted strategy which encompass policies, practices, and partnerships with others, including LO G IS network services. T he efforts to secure and safeguard C ity data have long been a priority, and continue to be an ongoing focal point in our data practices. On occasion, members of the C ity C ouncil have inquired about our data security efforts. In response, staff would like the opportunity to present an overview of these efforts to better inform the C ity C ouncil on how we approach data and information security. 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: Presentation Cybersecurity A Briefing Definition “Protection of information systems against unauthorized access to or modification of information, whether in storage, processing, or transit, and against the denial of service to authorized users, including those measures necessary to detect, document, and counter such threats.” K2Share, LLC. Goal Protect our information and information systems. Multifaceted Strategy Policies Partners Infrastructure Prevention Remediation Education Policies Apple Valley IT Policy LOGIS Member Security Policy League of MN Cities Guidance FBI CJIS Security Policy PCI Data Security Standard Partners LOGIS Dakota County State of MNLMC Vendors Infrastructure Remote VPN Fiber WAN Ethernet LAN Active Directory Servers PCs Cloud Prevention Remediation Security Notices Education Policy Acknowledgement Security Awareness Training Simulated Phishing CJIS, SCADA, PCI, Other Industry Training IT Education Cybersecurity It Depends On Everyone City Information Policies Partners Infrastructure Prevention Remediation Education I T E M: 4.A . C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove Minutes of J anuary 23, 2020, Regular Meeting S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the minutes of the regular meeting of J anuary 23, 2020. S UM M ARY: T he minutes from the last regular C ity Council meeting are attached for your review and approval. B AC K G RO UND : State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Minutes CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 2020 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 23, 2020, 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, Police Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, Public Works Director Saam, and Golf Course Manager Zinck. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by 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 Grendahl, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of January 9, 2020, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2020-9 accepting, with thanks, the donation of $50.00 from Meredith and John Kuharenko for use by the Fire Department. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 2020 Page 2 MOTION: of Grendahl, seconded by Bergman, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County Voiture 1457, for use on March 17, 2020, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, receiving the Traffic Safety Advisory Committee 2019 annual report. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, appointing primary and alternate members to the Dakota Broadband Board (DBB) Board of Directors and Executive Committee for 2020, as listed in the Assistant City Administrator’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2020-10 appointing individuals listed in the resolution to serve as judges for the Presidential Nomination Primary to be held on March 3, 2020, in the City. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2020-11 approving submitting the application for Fiscal Year 2020 Dakota County Community Development Block Grant (CDBG) funding of $163,090.00 for Apple Valley Home Improvement Loan Program and DARTS Outdoor Chore Service and Home Repair and Homemaking Service Programs, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2020-12 declaring Apple Valley Community Festivals for 2020. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2020-13 directing the City Engineer to prepare plans and specifications and accepting the corridor study for Project 2021-104, Greenleaf Elementary Galaxie Pedestrian Crossing. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the 3-year renewal agreement for asset management software hosting and support services with Cartegraph Systems, LLC, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Joint Powers Agreement with Dakota County for Sentenced to Service Program Work Crews for 2020, as attached to the Parks and Recreation Director’s memo, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the 2-year Lease Agreement for Project 2020-115, Supply 72” Mowers for Lease, with Frontier Ag & Turf, in the total amount of $72,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 2020 Page 3 MOTION: of Grendahl, seconded by Bergman, approving Change Orders No. 1, 3, and 4 to the agreement with Fendler Patterson Construction, Inc., for City Hall - Lower Level Buildout, in the additional amounts of $13,182.14, $2,200.00, and $1,934.70 respectively. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, accepting Project 2019-156, Quarry Point Park Field #4 Backstop and Fencing, as complete and authorizing final payment on the agreement with Midwest Fence & Mfg. Co., in the amount of $59,720.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the 2020-2021 Labor Agreement with AFSCME Council 5, Local No. 479, Maintenance Employees, as attached to the Human Resources Manager’s memo, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the 2020-2021 Labor Agreement with LELS, Local No. 243, Police Sergeants, as attached to the Human Resources Manager’s memo, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Pay Equity Implementation Report for 2020, as attached to the Human Resources Manager’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated January 23, 2020. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to pay the claims and bills, check registers dated January 3, 2020, in the amount of $703,719.80; and January 8, 2020, in the amount of $904,105.91. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICER WITOWSKI Police Chief Rechtzigel introduced newly hired Police Officer Alex Witkowski to the Council and the City Clerk administered the oath of office. Then the Police Chief pinned his badge. The Council congratulated Officer Witkowski and welcomed him to his new position. COMMUNICATIONS Mr. Lawell said the City is seeking qualified individuals to work as election judges for the 2020 election and residents interested in serving as an election judge should apply. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 2020 Page 4 Mr. Bernstein invited everyone to participate in Mid-Winter Fest activities on February 1, 2020, from 9:00 a.m. to 2:00 p.m. at the Apple Valley Community Center. Mayor Hamann-Roland invited everyone to the next Apple Valley Arts Foundation 2020 Frozen Apple concert at Bogart’s Entertainment Center on February 15, 2020, from 6:00 p.m. to 8:30 p.m. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Hooppaw, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 7:14 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on . Mayor Hamann-Roland, Mayor I T E M: 4.B . C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove I ssuance of 2020-2021 L icense to S ell Tobacco or Tobacco Products to Top S tar Tobacco and E -Cig, L L C, 15050 Cedar Avenue, Unit 109 S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve issuance of a new 2020-2021 License to Sell Tobacco or Tobacco Products to Top Star Tobacco and E-C ig, LLC, located at 15050 C edar Avenue, Unit 109. S UM M ARY: An application for a new 2020-2021 License to Sell Tobacco or Tobacco Products has been received from Top Star Tobacco and E-C ig, LLC , located at 15050 C edar Avenue, Unit 109. B AC K G RO UND : Licenses are issued on an biennial basis. If approved, the license will expire December 31, 2021. T he Police D epartment has conducted the necessary background investigation. T he information is on file should you wish to review it. 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:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove Change in Of f icer f or D & D of Minnesota, I nc., d/b/a F amous D ave's B B Q S hack, in C onnection with On-S ale W ine and 3.2 Percent Malt L iquor L icenses at 7593 147th S treet W. S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the change in officer for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack in connection with the On-Sale Wine and 3.2 Percent Malt Liquor Licenses, located at 7593 147th Street W., naming J ames G erhard Gilbertson as C FO /Secretary/Director. S UM M ARY: D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack has filed an application for a change in officer required in connection with its On-Sale Wine and 3.2 Percent Malt Liquor Licenses, located at 7593 147th Street W. Mr. J ames Gerhard Gilbertson is being named C FO/Secretary/Director. A personal information form has been filed on the individual and the Police Department has conducted the necessary background investigation. 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 C ouncil approval of such changes and approval of the change in manager is recommended. B UD G E T I M PAC T: N/A I T E M: 4.D. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove Fischer S and & Aggregate, L L P, A nnual C ommercial Extraction Permit f or 2020 S taff Contact: T homas L ovelace, City P lanner D epartment / Division: C ommunity D evelopment Department Applicant: F ischer Sand & A ggregate, L L P, Fischer Mining, L L C and Rockport, L L C P roject Number: 3354 Applicant Date: 1/21/2020 60 Days: 120 Days: AC T I O N RE Q UE S T E D: A motion approving the 2020 annual commercial extraction permit for Fischer Sand & Aggregate, LLP, subject to adhering to all applicable City ordinances and approved conditional use permits; and authorizing the C ity Administrator to consider and approve a limited number of modifications to hours of hauling outside of those hours permitted by C ity Code and approved conditional use permit, upon request by Fischer Sand & Aggregate, LLP. S UM M ARY: For your consideration is an application for an annual commercial extraction permit for commercial sand and gravel mining operations for calendar year 2020. T he applicant is requesting approval of their permit so that they may continue to mine and process material at their Apple Valley location. Mining and processing will occur in their “C entral Operations Area” on property generally located west of Pilot Knob Road, south of C ounty Road No. 42, east of Flagstaff Avenue, and north of 157th Street West. T he attached 2020 Mining Map identifies the specific areas within “C entral Operations Area” where they will be mining this year. It includes an area in the northwest corner of the operations area, and areas east and west of the Great River Energy electrical substation, which is located along the south side of C ounty Road No. 42. Other than establishing the new mining areas within the operations area, no changes to their current operations are being proposed with this application. T herefore, it is expected that any mining, stockpiling, dust and noise control, processing of material, screening, berming and restoration of the disturbed areas will comply with all conditions and plans set forth in the approved Fischer Sand & Aggregate mining conditional use permits (C .U.P.) and all other applicable codes and ordinances. It should be noted that the proposed 2020 mining areas lie within the north 525-550 feet of the overall mining area, which is referred to as the transitional grading area. According to paragraphs 15 of the approved the C onditional Use Permit Resolutions No. 2006-229 and 2006-230, the operator shall have ten (10) months in which to grade, rehabilitate and restore any five (5) acre portion of the north 525-550 feet in accordance with the End Use Grading and Phasing Plan. Upon completion of the reclamation, rehabilitation and restoration of the north 525 feet of the Seed Property, but prior to the development of any improvements, the owner or operator shall install adequate berming as determined by the C ity, to buffer the impacts of excavation upon any anticipated development in that area. T he standard hours for operations less than 3,600 feet to residential neighborhoods are 6:30 a.m. to 5:30 p.m., Monday - Friday. For operations that are greater than 3,600 feet to residential neighborhoods, the hours are 6:00 a.m. to 6:00 p.m., Monday – Saturday. All the new mining areas are located closer than 3,600 feet to residential properties; therefore, they will be subject to standard operating hours of 6:30 a.m. to 5:30 p.m., Monday – Friday. Current access to the mining area is via a signalized J ohnny C ake Ridge Road/C SA H 42 intersection. All material removed from the operations area will continue to be transported from this intersection. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: Application L ocation Map Map I T E M: 4.E . C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove City C ouncil Committee A ssignments for 2020 S taff Contact: Tom L awell, City Administrator D epartment / D ivision: A dministration Department AC T I O N RE Q UE S T E D: Council should consider a motion to approve the attached 2020 committee appointments and assignments matrix. S UM M ARY: Towards the beginning of each year, the City C ouncil typically reviews and updates their list of committee appointments and assignments for the year. In D ecember 2019 C ouncil was provided a draft committee appointment and assignment matrix for review. Based on input received, the matrix has been updated and is now ready for adoption. B AC K G RO UND : In addition to the regular duties associated with being a member of the City C ouncil, members are often called upon to represent the City on a number of additional boards and committees. Once a year we summarize the various commitments and assignments and have that list adopted by the City C ouncil. It is important that the City of Apple Valley be represented on various boards and committees that impact the financial health, public safety and quality of life in our community. We are fortunate that the Mayor and C ity C ouncilmembers are willing to devote countless hours serving on these committees to benefit our C ity. B UD G E T I M PAC T: Mileage expenses associated with attending meetings of the identified boards and committees are reimbursable and are accounted for in the approved 2020 budget. AT TAC HM E NT S: Exhibit Apple Valley City Council Summary of Committee Membership for 2020 Member Ex Officio or Other Positions From Office Board Appointments State/Metro Public Policy Committees National Public Policy Committees Other Committees/ Organizations Mary Hamann- Roland, Mayor Economic Development Authority Commissioner Apple Valley Fire Relief Association Board Municipal Legislative Commission Board Metro Cities Board of Directors Dakota County Mayors/ Administrators Dakota Broadband Board- Primary Representative Regional Council of Mayors/ Urban Land Institute League of Minnesota Cities Improving Service Delivery Policy Committee Metro Cities – Transportation and General Government Policy Committee Metropolitan Council Transportation Advisory Board (TAB) – Vice-Chair National League of Cities Transportation and Infrastructure Services Steering Committee National League of Cities Audit Committee National League of Cities Investment Advisory Board National League of Cities Advisory Board Apple Valley Chamber of Commerce Member Apple Valley Arts Foundation, Vice-President Apple Valley City Council - Summary of Committee Membership for 2020 Member Ex Officio or Other Positions From Office Board Appointments State/Metro Public Policy Committees National Public Policy Committees Other Committees/ Organizations John Bergman Economic Development Authority- Treasurer ALF Ambulance Board Dakota Communications Center Board of Directors – Primary Representative Metropolitan Airports Commission Noise Oversight Committee- At- Large Representative for Apple Valley Apple Valley Chamber of Commerce Member Tom Goodwin Acting Mayor (Mayor Pro Tem) Economic Development Authority Commissioner League of Minnesota Cities Improving Local Economies Policy Committee Metro Cities Metropolitan Agencies Policy Committee Apple Valley Chamber of Commerce Member Rotary Club of Apple Valley Ruth Grendahl Economic Development Authority Commissioner Dakota Broadband Board- Alternate Representative Apple Valley Chamber of Commerce Member Clint Hooppaw Economic Development Authority- President Minnesota Valley Transit Authority Board – Chair Dakota Communications Center Board of Directors – Alternate Representative Suburban Transit Authority – Chair Metropolitan Council Transportation Advisory Board (TAB) - Alternate Apple Valley Chamber of Commerce Member District 196 Foundation Rotary Club of Apple Valley I T E M: 4.F. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: Receive P lanning C ommission 2019 A nnual R eport S taff Contact: J oan Murphy, D epartment Assistant D epartment / Division: C ommunity D evelopment Department AC T I O N RE Q UE S T E D: Receive the Planning C ommission 2019 A nnual Report. S UM M ARY: T he importance of the roles and service provided by the Planning Commission is essential to the City. It is very visible in the housing/commercial/industrial projects reviewed and approved that resulted in construction started and completed in 2019. B AC K G RO UND : T he report was approved by the Planning C ommission on February 5, 2019. T he report outlines activities and accomplishments of the C ommission for the previous year. B UD G E T I M PAC T: N/A AT TAC HM E NT S: R eport APPLE VALLEY Planning Commission 2019 ANNUAL REPORT Planning Commission The role of the Planning Commission is to make recommendations to the City Council on a variety of land use requests and issues. In 2019, there were 16 Planning Commission meetings held that consisted of public hearings, land use applications and sketch plans. Members of the Apple Valley Planning Commission included:  Tom Melander, Chair  Tim Burke, Vice-Chair  David Schindler, Secretary  Ken Alwin  Keith Diekmann  Jodi Kurtz  Paul Scanlan Community Development - 2019 Economic Development - Overview The City of Apple Valley continues to see a high level of development. Single family and multi-unit housing review and approvals and commercial retail and office repositioning were notable activities throughout the year. The intersection of Cedar Avenue and County Road 42, our “main and main”, showed significant transformations in all four quadrants at the core of the downtown. Available land was committed to new neighborhoods and initial uses of the Mixed Business Campus, known as “Orchard Place”. During 2019: Working with the business community, staff has completed a digital sign text amendment. The amendment allows digital signs to be displayed in all colors, and reduces the hold time from 20 minutes to 60 seconds. The code was endorsed by the Apple Valley Chamber of Commerce, and increases the safety of these signs by requiring an automatic shut-off in the event of malfunction. The City hosted Minnesota State Legislators to “Complete the Red Line” by adding an elevated crossing at the 147th street station. The Mayor, and Chamber President presented to a bus full of legislators about the importance of an elevated crossing on the busy roadway. Staff assisted by providing illustrations of what the skyway will look like, a packet of information, and attending the event to assist as needed. Regency Center completed a reported $7 million renovation of the Apple Valley Square shopping center, with the addition of Xperience Fitness, and 5 Below. Staff also worked extensively with the adjacent property owner to create a pad site future location in front of the Aldi/Burlington. Land Use Development As Apple Valley celebrated its 50th anniversary last year, development activity continued to evolve with it moving away from review of traditional suburban projects on greenfield parcels to proposals on infill parcels that are generally surrounded by established neighborhoods and businesses. Many of the infill projects in 2019 were generally more complex and controversial, which led to more review and meetings. This trend is expected to continue, as less open land is available for development. According t o the City’s 2040 Comprehensive Plan, there are 557 acres of property that is either vacant or part of a sand and gravel operation. That compares to 6,840 acres that were identified twenty years ago in the 2020 Comprehensive Plan. In 2019, there were 22 land use development applications. Land use development applications may consist of multiple actions that must be reviewed and analyzed by staff, then presented to the Planning Commission and City Council for their consideration and action. A total of 16 Planning Commission agendas, agenda packets, and minutes were prepared and distributed, as well as 19 public hearings held: Comprehensive Plan Amendments 2 Zoning Ordinance Amendments/Rezonings 11 Conditional Use Permits 4 Subdivision/Preliminary Plats/Final Plats 6 Site Plan Reviews/Building Permit Authorizations 4 Vacations 0 Variances 3 Environmental Reviews 0 Interim Use Permits 0 Miscellaneous 2 Sketch Plans 4 Total 36 Performance and activity never tells the whole story. The complexity of land use requests, particularly this year, has often involved comprehensive plan revisions, re-zonings, zoning amendments, variances and site plan/building permit authorizations on property located in established neighborhoods. Changes in the fully developed area of the City often require multiple meetings for the complete review following considerable time. Commercial Projects Menard’s at Hanson Concrete – Menard, Inc. received approval of their final plat and development agreement, which allowed them a begin the infrastructure improvements and a construction of a 216,209-sq. ft. Menard’s store and 48,970-sq. ft. warehouse at the northwest corner of CSAH 42 and Johnny Cake Ridge Road. Apple Valley Cross Roads (former Ryan Real Estate) – Construction began on the 11,000 sq. ft. multiple tenant commercial building at 14750 Cedar Ave. The former Ryan Real Estate building was demolished and the new building should be ready for occupancy during summer of 2020. Tenant finishes are also underway for Aspen Dental, Jersey Mike’s, Gent Cuts and Grooming, Tough Mudder Bootcamp and Panchero’s Restaurant. Time Square Redevelopment – At Time Square, a final plat, CUP for a drive-thru, site plan/building permit authorization, setback variance, and parking stall depth variance were approved by the City. Portillo’s was a planned addition, with extensive site improvements. The sale of the property was not completed as anticipated in 2019, but the City has all approvals in place for another landowner to come forward. Those land negotiations were underway in later 2019 and continue in early 2020. Panera Bread Restaurant – Approval was granted to Panera, LLC and Brixmor Southport Centre, LLC for a planned development ordinance amendment and site plan/building permit authorization to allow the removal of the existing Baker’s Square restaurant and construction of a new Panera Bread restaurant with drive-through window service at 15200 Cedar Avenue. Construction of the new restaurant is expected to begin during the spring of 2020. Cider Ridge Marketplace – Preliminary approvals were received for a proposed comprehensive plan amendment, rezoning, subdivision by preliminary plat, conditional use permit and site plan review/building permit authorization for a 7,200 sq. ft. office/retail building on the northeast corner of Cedar Ave and 145th Street West. Jardin Learning Academy – A preliminary plat, conditional use permit and site plan review/building permit authorization were approved to allow for the subdivision of the existing Biewald Orthodontics property, located at 14605 Glazier Ave., to create a 36,800 sq. ft. lot in order to construct a 2-story, 12,200 sq. ft. child daycare facility with outdoor play area. Apple Valley Square 6th Addition – TLM Realty was approved for a preliminary plat to subdivide the Aldi/Burlington Coat Factory lot to create a pad site in the northeast corner of the lot. The lot is proposed to be .52 acres and include a 2,500 sq. ft. retail building. The applicant has not submitted a final plat application, and is waiting for a user to come forward to complete required development agreement provisions. Hy-Vee Convenience Store – Hy-Vee, Inc. submitted an application to redevelop the Liberty Credit site on the southeast corner of Pennock Lane and CSAH 42, 7668-150th Street W. The plans called for demolishing the existing office building and constructing a 4,400 sq. ft. convenience store with a total of 10 fueling stations. The City Council determined that the right - of-way that was requested to be vacated was still needed, and denied the vacation request. Hy- Vee decided they could not proceed without the additional right-of-way and withdrew their request. Pennock Place C.U.P. – The City approved a Conditional Use Permit (CUP) for a drive-through and setback variances to allow a 6,100 sq. ft. commercial building to redevelop the Liberty Credit site. This allows the property owner to demolish the building and replace it with a more functional, and attractive commercial building. Demolition and building is expected in the early 2020 building season. Orchard Place Retail Development – Staff has been working with a developer and property owner over the past two years on a development proposal for a 40-acre reclaimed gravel mining area, located at the northwest corner of 157th Street West and Pilot Knob Road. Development of the site will likely include over 270,000 sq. ft. of retail space and will require rezoning, subdivision, and site plan/building permit authorization approval. An application was received at the end of December, which requests a rezoning and subdivision that would create three lots and three outlots for the purpose developing 31,700 sq. ft. of retail space on approximately seven acres. Bogart’s Entertainment Center Outdoor Sand Volleyball CUP – The owners of the entertainment center, located at 14947 Garrett Ave., received approval of an amendment to their existing conditional use permit to allow the volleyball sand to remain on site over the winter. Industrial Projects Wasatch Storage – Construction was completed in 2019 of an 804-unit self-storage facility at the northeast corner of Johnny Cake Ridge Road and 147th Street in 2017. McCormick Computer Resale – McCormick Computer Resale completed their 23,700 sq. ft. addition at 14925 Energy Way. The addition more than doubled the size of the existing building and provides additional office and storage space, bringing the total size of the building originally constructed in 1994 to 44,340 sq. ft. Reliable Mini-Storage – A final plat and site plan/building permit authorization was approved for a 6 building, 52,000 sq. ft. self -storage facility of 280 units located at Evendale Way and 147th Street. Staff worked with the applicant to remove all units facing the residential homes to the east and provide a 60-foot wide buffer of landscaping and greenspace. The applicant has sought additional time to begin the project, which is now anticipated to begin in early 2020. Apple Valley Commerce Center – Review began in December of a request for the rezoning, subdivision by preliminary plat and site plan review/building permit authorization to allow construction of a 117,000 sq. ft. office/warehouse/flex industrial building on the southwest corner of 147th Street West and Johnny Cake Ridge Road. The development includes a land swap with Menards and will further develop the internal street system adjacent to the new Menards store. A decision on this request will likely occur sometime in 2020. Air Products Cryogenic Air Separation Facility Inquiry – Staff met with representatives from Air Products and Chemicals, Inc., to discuss what would be needed to develop the vacant lot west of Abdallah Candy as an air separation facility. The Fire Marshal worked with the State Fire Marshal’s office, and staff conducted research to learn more about the air separation process and whether there were risks that needed to be evaluated. Variances would have been required for three storage tanks (to increase allowed height from 40’ to 75’) and a 20’ x 20’ “Cold Box” (to increase the allowed height from 40’ to 156’). While the air processing itself appeared to be a clean and safe process, the cold box would have been one of the tallest structures in the City, and would have been even more prominent sitting on the hill behind Menards. In the end, Air Products decided to not move forward. Residential Projects Apple Valley Golf Course Comprehensive Plan Amendments – Several meetings were held including three public hearing to consider comprehensive plan land use map amendments to allow for the re-designation of a 23-acre golf course from “PR” (Private Recreation) to a residential designation. After numerous meetings, the City Council approved the submittal of amendments to the Metropolitan Council that would create a new designation called Low Density Flex (LDF) and re-designate the property to “LDF”. ADU Zoning Amendments – An application was submitted requesting that the City consider amendments to the city code to allow for the expansion accessory dwelling units (ADU) into more single-family residential zoning districts. This request came from a resident who had an interest in establishing an ADU in an “R-3” residential zoning district. The applicant withdrew his application and no formal action was taken by the City. Applewood Pointe Senior Cooperative and Townhomes: - Review began in 2019 on a proposed redevelopment of 10.93 acres of property from single-family to multi-family residential that would include a 98 senior co-op dwelling units and seven townhomes, located at the northeast corner of Pilot Knob Road and CSAH 38, by United Properties. Review of this project will occur in 2020. Springs at Cobblestone Lake – Continental 432 Fund, LLC completed construction of 196-unit multi-family apartment development on the last tract of residential land in Cobblestone Lake. The 11.8-acre parcel is located in the northeast corner of Pilot Knob Road and CSAH 46. Nuvelo (formerly Bigos Kelley Park) - Construction is underway on the two multiple family apartment buildings flanking Fresco Terrace south of Kelley Park. The development includes a 61-unit 4-story building on the west side of Fresco Terrace and a combination 3- and 4-story 114-unit building on the east side of Fresco Terrace. The development offers the first live-work facility with a 1,100 sq. ft. dedicated workspace area that includes a lounge area, conference rooms, rest rooms and dedicated parking spaces to support residents who may conduct home- based businesses. Both buildings will have rooftop decks and the east building will contain the shared community outdoor area with pool, grilling stations, and bocce ball courts. Variances The variance process is statutory, allowing the Planning Commission to make recommendations on practical difficulties that sometimes occur in the exact enforcement of city code. The City reviewed the following variances in 2019: Springs at Cobblestone Lake – A variance from the city's sign code requirements was granted to allow for a 20-foot tall residential monument sign along the east side of Pilot Knob Road in the Cobblestone Lake development, located at 15899 Elmhurst Parkway, Continental 432 Fund, LLC. 881 Hopewell Lane Setback Variance – An application was submitted for a 2.5-foot side and rear yard setback variance for an existing 140 sq. ft. shed at 881 Hopewell Lane. Staff worked with the applicant and determined that an application was not required. Internally, staff adopted a best practice when working with existing structures within drainage and utility easements where the property owner will work with staff to enter into an encroachment agreement that states the applicant shall remove the obstruction if the City determines it requires access. Zoning Code Amendments Amendments to Accessory Structure and Fence Construction and Maintenance Requirements – The zoning code was updated to reflect the current provisions of the building code. Fence and accessory building requirements were addressed. Sign Ordinance Amendments – Amendments to Section 154.04 (L) of the sign ordinance regarding changeable signs were passed to allow for multi-colored messages and a modification to the time that a message can change. PD-703 Ordinance Amendments – Amendments were approved to the Cobblestone Lake planned development ordinance to allow for a Class III restaurant with drive-through window service as a permitted use in the commercial zone of the development. Tough Mudder Zoning Amendment (Apple Valley Crossroads) – Planned Development No. 290, Zone 5 was amended to allow fitness facility, day spa or yoga studio, in the Apple Valley Crossroads building 14750 Cedar Ave. Multiple-Family Zoning Ordinance Amendments – Ordinance amendments to Sections 155.075 and 155.076 were passed to allow townhomes in the “M-7” (Multi-Family Residential/12-2- units per acre) zoning district. PD-1053 Ordinance Amendments/Menards Signage – Amendments to Planned Development Ordinance No. 1053 were adopted that allowed additional building signage on the new Menards store, located at the northwest corner of CSAH 42 and Johnny Cake Ridge Road, Sketch Plan Reviews Held Four sketch plan reviews were held in 2019:  Orchard Place Commercial Retail Development  Proposed ordinance to expand provision for accessory dwelling units ADU  Ulrich Property Redevelopment  Cider Ridge Marketplace/Hope Church Commercial I T E M: 4.G. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A dopt Resolution Appointing Member to F ill Vacancy on Telecommunications A dvisory Committee with Term E xpiring March 1, 2020 S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Adopt the resolution appointing J amison Kortas to the Telecommunications Advisory Committee for a term expiring March 1, 2020. S UM M ARY: One application for the Telecommunications Advisory C ommittee was received by the deadline and provided to you under separate cover. Listed below is the name of the individual interested in serving on the Telecommunications Advisory C ommittee. J amison Kortas T here is one vacancy. T his appointment has a three-year term expiring March 1, 2020. B AC K G RO UND : On December 12, 2019, the C ity C ouncil authorized accepting applications to fill the Telecommunications Advisory Committee vacancy through J anuary 17, 2020. B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution CITY OF APPLE VALLEY RESOLUTION NO. 2020- RESOLUTION APPOINTING TELECOMMUNICATIONS ADVISORY COMMITTEE MEMBER WHEREAS, Section 32.02 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Telecommunications Advisory Committee; and WHEREAS, one vacancy now exists on the Telecommunications Advisory Committee due to the resignations of Dale Rodell. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that Jamison Kortas is hereby appointed to the Telecommunications Advisory Committee for a term expiring March 1, 2020. BE IT FURTHER RESOLVED that members of the Telecommunications Advisory Committee are then as follows: Name Term Expires 1. David Cherner March 1, 2020 2. Jamison Kortas March 1, 2020 3. Barry Berg March 1, 2021 4. Jerry Brown March 1, 2022 5. Carson Turnquist March 1, 2022 ADOPTED this 13th day of February, 2020. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 4.H. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: F ire D epartment Equipment Online Auction S taff Contact: Chuck Russell, F ire C hief D epartment / D ivision: F ire Department AC T I O N RE Q UE S T E D: 1. Declare Fire Department apparatus 4990 and 4995 as surplus equipment. 2. Authorize the disposal of the surplus equipment by selling it at a public auction with Lust Auction Services, LLC , to be held March 9 through March 20, 2020. S UM M ARY: T he Fire Department recently purchased a replacement command van, unit number 4990, and put it into service in October of 2019. We also purchased a replacement for our brush truck, unit number 4995, which we were using as our duty crew vehicle. T he old command van and brush truck are no longer of use to us and should be disposed of by selling them at auction. Lust Auction Services, LLC , will run an online auction on their website, www.WisconsinSurplus.com. T he auction will run from March 9 through March 20, 2020. T he auction service does not require a signed agreement to run an auction on their site. T he auction service charges a buyers fee for sales made on their site, so there is no cost to a municipality to have a sale on the site. T he C ity will also run a legal ad and provide a link on its website to the online auction website. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material Notice CITY OF APPLE VALLEY NOTICE OF PUBLIC SALE NOTICE IS HEREBY GIVEN that the City of Apple Valley will use the online auction services of Lust Auction Services, LLC, to conduct a public sale of surplus City fire fighter equipment. Items will be posted on the Lust Auction Services website at www.WisconsinSurplus.com beginning March 9, 2020. Bidding will close on March 20, 2020. All items will be sold as is, to the highest bidder. DATED this 13th day of February, 2020. Pamela J. Gackstetter, City Clerk I T E M: 4.I . C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove Reduction of Various F inancial G uarantees S taff Contact: J oan Murphy, D epartment Assistant D epartment / Division: C ommunity D evelopment Department AC T I O N RE Q UE S T E D: Approve reduction of various financial guarantees. S UM M ARY: T he City holds numerous financial guarantees to ensure the installation of certain improvements in new developments, as well as to assure protection of natural resources. Staff review of the status of these developments indicates that the following actions are in order: 1.C ortland Addition Project 2012-134 LO C IS 0301943U Original Deposit on 5/29/16 $9,900.00 Reduce now to $0.00 2.C ortland Second Addition (PC 13-19-F) LO C IS 0267718U Original Deposit on 1/12/16 $20,000.00 Reduce now to $0.00 3.Village Pointe Plaza/Zvago Addition (PC 16-30-ZSB) Cash Wire Transfer Original Deposit on 4/26/17 $504,375.00 Reduce now to $210,625.00 B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 4.J . C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving F inal Plat, D evelopment Agreement and A ssociated Documents f or B iewald S econd A ddition (14605 Glazier Ave.) S taff Contact: K athy Bodmer, A I C P, P lanner D epartment / Division: C ommunity D evelopment Department Applicant: F rauenshuh Commercial Real Estate/K ilber I nvestments L L C. P roject Number: P C19-21-F Applicant Date: 1/24/2020 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Adopt resolution approving final plat, development agreement and associated documents for Biewald Second Addition (14605 Glazier Ave). S UM M ARY: T he Biewald Second Addition Final Plat subdivides Lot 1, Block 1 Biewald First Addition into two parcels. T he former Biewald Orthodontic C linic building will be located on the north lot, Lot 1, and newly created Lot 2 will be 36,800 sq. ft. T he J ardin Spanish Immersion Academy will be constructed on the new Lot 2 and it will be a 2-story 12,200 sq. ft. building with outdoor play area. T he C ity C ouncil approved the preliminary plat, conditional use permit, and site plan review/building permit authorization at its J uly 11, 2019, meeting. T he Preliminary Plat was approved with the legal description of "J ardin Addition." In the end, the developer decided to plat the property as Biewald Second Addition. T he Conditional Use Permit, approved J uly 11, 2019, will be revised to use the final platted legal description (Lot 2, Block 1 Biewald Second Addition) when it is filed with the plat. T he final plat conforms to the preliminary plat approved on J uly 11, 2019. Park dedication will be satisfied by a cash-in-lieu of land dedication. Storm water pond dedication will be satisfied by the grading and maintenance of a storm water pond and infiltration basin in accordance with the Storm Water Pond and Infiltration Basin C onstruction and Maintenance Agreement. Water and sanitary sewer will be obtained from Glazier Ave. Storm water will be managed via two on-site infiltration basins. A sidewalk will be constructed on both parcels where they abut Glazier Ave. Standard drainage and utility easements are dedicated along the property lines. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution D evelopment A greement Agreement Elevations Site P lan CITY OF APPLE VALLEY RESOLUTION NO. 2020 -___ FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL BIEWALD SECOND ADDITION WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as Appendix B of the City Code, regulations to control the subdivision of land within its borders; and WHEREAS, pursuant to Appendix B of the City Code, the City Planning Commission held a public hearing on an application for subdivision of land by plat on May 15, 2019; and WHEREAS, the City Planning Commission found the preliminary plat to be in conformance with the standards of Appendix B of the City Code and made a recommendation as to its approval on June 19, 2019, which was subsequently approved by the City Council on, July 11, 2019; and WHEREAS, pursuant to Appendix B of the City Code, a development agreement between the applicant and the City detailing the installation of the required improvements in the subdivision and the method of payment therefor has been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the development agreement and final plat for the following described plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the same, to wit: Biewald Second Addition BE IT FURTHER RESOLVED, pursuant to Appendix B of the City Code, that said plat shall be filed with the Dakota County Recorder within sixty (60) days of the certified release from the City offices or such approval shall be null and void. ADOPTED this 13th day of February, 2020. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council and the final plat described therein is hereby released for recording with the Dakota County Recorder this ______ day of ___________________, _______. ____________________________________ Pamela J. Gackstetter, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F G H J K L M A B C D E F G H J K L M © COPYRIGHT BY CNH ARCHITECTS, INC.7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433CNH NO.: 2 3 4 5 6 7 8 9 10 11 12 13 14 151 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OFDATE:LIC. NO.:21234Quinn S. HutsonPRINT NAME:SIGNATURE:REVISIONS: DATE:C:\REVIT (local)\2019\19018 - Jardin - Apple Valley Franchise_AKlis.rvt4/16/2019 9:59:50 AMCITY SUBMITTAL CS05Jardin -Apple Valley FranchiseApple Valley, MN 5512419018 04/17/19MINNESOTA Renderings View from Northbound Cedar Avenue View from Southbound Cedar Avenue 4/17/19 Existing Building 14605 Glazier AvenueExisting pathCedar AvenueTrash Enclosure Glazier AvenueNew Property Line R 15' - 0"Proposed Jardin Spanish Immersion Academy Facility Playground 1,550 sf Playground 1,450 sf Parking lot with (28) stalls Property LineParking SetbackBuilding SetbackStormwater pond Stormwater pond R 1 5 ' - 0 "R 5' - 0"Trash Enclosure290' - 3 3/4"30' - 0"20' - 0"10' - 0"30' - 0" 50' - 0"Existing Property LineNew Property Line20' - 0" 10' - 0"136' - 5"10' - 2"15' - 0"15' - 0 7/8"135' - 5"(6) parking stalls (6) parking stalls(11) parking stalls (5) parking stalls24' - 5 3/8"24' - 0"86' - 11 5/8"6' - 8"3' - 4 3/4"45' - 8 1/4"15' - 9 1/4"50' - 3 5/8"0"6' - 8 3/4"11' - 6 1/8"127' - 9 5/8" 270' - 9 1/2" 71' - 7 3/4"8' - 8 1/4"18' - 6"24' - 0"8' - 10"24' - 0"18' - 6"5' - 0"2-Story Building: 12,194 GSF (Exterior face of exterior walls) Building footprint: 6,097 SF (Exterior face of exterior walls) Extend concrete sidewalk to existing sidewalk Parking Setback Building Setback Typ9' - 0"Prefinished metal picket fence, 6'-0" high 18' - 6"24' - 0"35' - 0"24' - 0"18' - 6"Concrete sidewalk CS04J2 CS04 J6 CS04 J9 CS04 J12 99' - 0" 270' - 8 7/8"Stormwater pondPrefinished vinyl solid fence, 6'-0" high Planning Review Summary: Zoning: LB -Limited Business Proposed Use: Daycare Facility -Allowed by Conditional Use Permit Lot Requirements: Minimum Lot Area Required 10,000 SF Lot Area Proposed 37,759 SF Minimum Lot Width Required 100 Feet Lot Width Proposed 136 Feet Setback Statistics: Building Setback -Principal/Minor Arterial Street (Cedar Ave.)50 Feet Building Setback -Other Street (Glazier Ave.)30 Feet Building Setback -Side & Rear Lot Lines 15 Feet Parking Setback -Public Streets (Glazier Ave.)20 Feet Parking Setback -Side & Rear Lot Lines 5 Feet Yard Setback -Principal/Minor Arterial Street (Cedar Ave.)50 Feet Parking Statistics: Stall Size -At Curb 9' x 18.5' Stall Size -Facing 9' x 20' Daycare Parking Quantity = 10 + 1/500 SF of net usable building space 25 Stalls (The term "floor area" for purposes of calculating the number of off-street parking spaces shall be the net usable floor area of the various floors, devoted to services and office spaces exclusive of hallways, utility space, restrooms and storage areas.) Total Stalls Provided 28 Stalls Building Area (Footprint) Statistics: Proposed Building Footprint 6,097 SF Proposed Usable Building Space (for parking quantity, see floor area above)7,724 SF Proposed Building Area 12,194 SF Maximum Building Area Percentage Allowed 20.0% Proposed Building Area Percentage Provided 16.1% (37,759 SF Total x 20% = 7,552 SF maximum building footprint) Building Height Statistics: Maximum Building Height 35 Feet Proposed Building Height 34.33 Feet Exterior Lighting Requirements: Maximum at Residential Property Line 1/2 Footcandle Maximum at Commercial Property Line 1 Footcandle 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F G H J K L M A B C D E F G H J K L M © COPYRIGHT BY CNH ARCHITECTS, INC.7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433CNH NO.: 2 3 4 5 6 7 8 9 10 11 12 13 14 151 REVISIONS: DATE:C:\Users\QHutson\Documents\19018 - Jardin - Apple Valley Franchise_qhutson@cnharch.com.rvt5/17/2019 4:48:34 PMNOT FOR CONSTRUCTION CS01Jardin -Apple Valley Franchise14XXX Glazier Ave.Apple Valley, MN 5512419018 05/17/19 Overall Site Plan 1/16" = 1'-0"CS01 A1 Schematic Overall Site Plan I T E M: 4.K . C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving Plans and S pecifications f or P roject 2020-101, 2020 Street and Utility I mprovements, and Authorizing A dvertisement f or Receipt of B ids, on March 10, 2020, at 10:00 a.m. S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution approving plans and specifications for Project 2020-101, 2020 Street and Utility Improvements, and authorizing advertisement for receipt of bids March 10, 2020, at 10:00 a.m. S UM M ARY: T he C ity of Apple Valley 2018-2022 C apital Improvement Program includes utility replacement and street reconstruction work on the following Palomino Hills neighborhoods: Cimarron Road & Surrey Trail. T he proposed street improvements consist of full street reconstruction and include upgrading the street from a paved rural section to a paved urban section (26’ face to face) with concrete curb and gutter. T he proposed utility improvements consist of full replacement of the existing sanitary sewer, water main, and storm sewer. Storm sewer is proposed to be extended through the neighborhood to facilitate drainage along the proposed concrete curb and gutter. Proposed street and utility improvements during the 2020 construction season would include Cimarron Road between Palomino Drive and approximately 580’ east of Butte Avenue, Cimarron C ircle, Yancey C ourt, Shasta C ourt, Beaumont C ourt, and Sabra C ourt (totaling approximately 4,800 feet of roadway). Sidewalks are not being proposed as part of the improvement project. Butte Avenue, which is typically closed from November until April, will remain closed during the duration of construction as part of this project. Staff is currently reviewing the impacts of permanent closure of Butte Avenue which connects C imarron Road to Hidden Meadow Road. Approx. 150’ of Butte Avenue will be impacted with this project due to a deep sanitary sewer connection at the intersection of Butte Avenue and C imarron Road. Two (2) Bid A lternate items are being included which include: 1. Additional Sanitary Sewer Lining within Palomino Drive from C imarron Road to Pennock Avenue to address some maintenance concerns. 2. T he cost for an additional sanitary sewer and water service for an empty lot (193 Shasta C ourt) that is being considered by the resident to be developed. Additional cost to add service would need to be specially assessed should the resident wish to add to project scope prior to inclusion of cost in award of contract. A map of the proposed project area is attached (Figure: 1). T his project is tentatively scheduled to begin construction in the Spring of 2020 with a completion by the Fall of 2021. B AC K G RO UND : City C ouncil adopted Resolution N umber 2019-110 on September 26, 2019, directing preparation of plans and specifications and accepting feasibility study for Project 2020-101, 2020 Street and Utility Improvements. B UD G E T I M PAC T: Project costs and funding included in the adopted 2020 operating budget are summarized as follows: Estimated Project C osts: C onstruction C ost $ 4,113,220 C onstruction C ontingency (5%)205,661 Engineering, C ontract Admin, Inspection, Testing, Survey (18%)774,119 Total Estimated Cost $ 5,093,000 Project Funding Water Utility $ 886,894 Sanitary Sewer Utility 936,054 Storm Sewer Utility 870,000 Street Light Utility 35,000 Road Improvement Fund 2,365,052 Total Estimated Funding $ 5,093,000 AT TAC HM E NT S: Map R esolution Advertisement f or B id 2020 Street and Utility Improvements Figure 1 City of Apple Valley 2020 Capital Improvement Program Areas FEETSCALE 0 30001500 N Cimarron Road Palomino Drive Cimarr o n Yancey Sh a s t a C o u r t Cirlce Court B e a um o n t C o u r t Sabra Court160th Street (Co. Rd 46)Pilot Knob Rd140th Street McAndrews Rd Garden View DriveCedar Ave150th Street (Co. Rd 42)Interstate 35ECITY HALL CITY OF APPLE VALLEY RESOLUTION NO. 2020- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2020-101, 2020 STREET AND UTILITY IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2020-101, 2020 Street and Utility Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2020-101, 2020 Street and Utility Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2020-101, 2020 Street and Utility Improvements at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 13th day of February, 2020 __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ADVERTISEMENT FOR BIDS 2020-101 00 11 13 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:00 a.m., CDT, Tuesday, March 10, 2020, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: City Project 2020-101, 2020 STREET AND UTILITY IMPROVEMENTS 105 EA Clear and Grub Tree 4,850 LF Remove Sanitary Sewer 5,750 LF Remove Water Main 2,100 LF Remove Storm Sewer and Culverts 2,000 LF Remove Curb and Gutter 7,000 SF Remove Concrete Walk, Driveway, and Valley Gutter 23,250 SY Remove Bituminous Street, Driveway, and Trail Pavement 33 EA Sanitary Sewer Structure 4,800 LF PVC Sanitary Sewer 74 EA Sanitary Sewer Service 5,700 LF DIP Water Main 78 EA Water Service 66 EA Storm Sewer Structure 3,900 LF RCP Storm Sewer 23,300 CY Common Excavation 31,600 TN Select Granular Borrow 14,250 TN Cl 5 Aggregate Base 5,450 TN Bituminous Mixture 10,950 LF Concrete Curb and Gutter 9,500 SF Concrete Walk, Driveway, and Valley Gutter 23,100 SY Sod 105 EA 2” Diameter Tree With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com . Contact Casy Weise at (952) 953-2590 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota EXHIBIT A I T E M: 4.L . C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving Plans and S pecifications f or P roject 2020-105, 2020 Street I mprovements, and Authorizing Advertisement f or Receipt of B ids, on March 10, 2020, at 10:45 a.m. S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution approving plans and specifications for Project 2020-105, 2020 Street Improvements, and authorizing advertisement for receipt of bids March 10, 2020, at 10:45 a.m. S UM M ARY: T he C ity of Apple Valley 2019-2023 C apital Improvement Program identifies potential street reconstruction and maintenance work. T he scope of the project consists of the following: Cemetery Boulder Trail C onstruction Lac Lavon Shores Additions & Garden View C ourt Mill & O verlay 134th & Hughes C ourt Mill & O verlay Keller Park Trail Construction at Hyacinth Path (2019 T SA C recommendation) Evermoor Parkway Valley Gutter C onstruction Annual Ring Route Repairs Micro surface Patching Trail Patching at C obblestone Lake C ounty Rd 46 Trail Overlay from Burnsville/Apple Valley boundary to Harwell Avenue J C R Park Pickleball Courts A map of the proposed project area is attached (Figure: 1). T he bid item for J C R Park Pickleball Courts will include electrical conduit and hand holes for future lighting. Lighting is not included as part of this bid package. If needed at a future date, the pre-installed conduit will make lighting installation much easier. T he pavement section for the replacement courts includes soil corrections to replace existing unsuitable soils per the geotechnical report recommendation. C ourt painting, fencing, gates, posts and nets are included in the bid proposal. A concrete pad and foundations for a future shade structure are also included as part of site design. Additional amenities such as shade structure, picnic tables, and trash receptacles will be purchased separately by the Parks Department and are not included in the cost summary as part of the bid. T he proposed Pickleball site plan layout is attached (Figure: 2) and includes the construction of eight (8) standard dimension courts. T his project is tentatively scheduled for construction in 2020. B AC K G RO UND : City C ouncil adopted Resolution N umber 2019-106 on September 12, 2019, directing the preparation of plans and specifications for Project 2020-105, 2020 Street Improvements. B UD G E T I M PAC T: Project costs and funding included in the adopted 2020 operating budget are summarized as follows: Estimated Project C osts: C onstruction C ost $1,015,850 C onstruction C ontingency (10%)101,585 Engineering, C ontract Admin, Inspection, Testing, Surveying (20%)191,565 Total Estimated Cost $ 1,309,000 Estimated Project Funding: Road Improvement Fund $ 731,500 MSA Maintenance Fund 30,000 Water Utility Fund 50,000 Dakota C ounty (Trail Surfacing J PA)67,500 Parks Maintenance (C obblestone Trails) Future C apital Projects Fund (J C R Park West Pickleball C ourts) 90,000 340,000 Total Estimated Funding $ 1,309,000 AT TAC HM E NT S: Map Site P lan R esolution Advertisement f or B id 2.. 2020 Street Improvements Figure 1 City of Apple Valley 2020 Capital Improvement Program Areas FEETSCALE 0 30001500 HORZ.Flagstaff AvenueJohnny Cake Ridge RoadDiamond Path160th Street (Co. Rd 46)Pilot Knob Rd140th Street McAndrews Rd Garden View DrCedar Ave150th Street (Co. Rd 42)Interstate 35ELAC LAVON SHORES MILL & OVERLAY 134TH ST W MILL & OVERLAY JCR PARK WEST PICKLEBALL COURTS GARDEN VIEW COURT MILL & OVERLAY 160TH ST TRAIL RESURFACING EVERMOOR PARKWAY CEMETERY BOULDER TRAIL TRAIL PATCHING COBBLESTONE LAKE KELLER PARK TRAIL N z � z ' «, � 01 SURFACE COLORATION ALTERNATE 1 DARK GREEN I 105' /' I d--�� 'v 32' - 1 I I 1 I X I X I X I X I X �+ < " I I I I I I I r---.__ ------1 : � : c:o LO I �-�- •-�-• x---x---x---x---x---• X ' ✓ SITE LAYOUT ENLARGEMENT ,--" 'G. .d 45' x---x---x---x---x I 20' ---f I <>---� �� ? I I I I I I I I I I I � +--------+ e@) © © ® © 0 KEYNOTES: NEW 10'-0" CHAIN LINK FENCE TYPE 1, SEE DETAIL 01/LS501 © ��� O������AIN LINK FENCE TYPE 1 W/ WIND BARRIER, 0 EXISTING 10'-0" CHAIN LINK FENCE TYPE 1 WITH WIND BARRIER TO BE ADDED NEW 5'--0" CHAIN LINK TYPE 2, SEE DETAIL 04/LS501 NEW 5'-0" CHAIN LINK FENCE TYPE 2AT ENTRY, SEE 06/LS501 FURNISHING-PICNIC TABLE CAROUSEL BY LANDSCAPE FORMS, BY OTHERS TRASH AND RECYCLING BY LANDSCAPE FORMS, BY OTHERS 0 0 ® LAYOUT NOTES: 1. PAVING DIMENSIONS ARE TO BACK OF CURB I UNLESS OTHERWISE NOTED. 2. BOUNDARY AND TOPOGRAPHIC INFORMATION TAKEN FROM SURVEY ARE PROVIDED BY THE I CITY OF APPLE VALLEY. 3. ALL WORK SHALL BE IN ACCORDANCE WITH OSHA CODES AND STANDARDS. NOTHING INDICATED ON THESE DRAWINGS SHALL RELIEVE THE CONTRACTOR FROM COMPLYING WITH ANY APPROPRIATE SAFETY REGULATIONS. 4. VERIFY EXISTING CONDITIONS PRIOR TO CONSTRUCTION. 5. CONTRACTOR TO SUPPLY AND INSTALL ALL NECESSARY SLEEVES UNDER PAVING AND WALKS. 6. PROPOSED SIGNAGE TO MEET CITY CODES FOR SIGNS. MAINTAIN EXISTING --------,I PARKING LOT CURB � SEE DETAIL 04/ LSS00 FOR WALK PLAN LAYOUT '4 PICNIC SHADE STRUCTURE POLIGON RAM 16X44', BY OTHERS WIND SOCK MOUNTED TO TOP OF EXISTING CENTER POST, BY OTHERS PADDLE CADDY, BY OTHERS NEW STORM STRUCTURES ADA COMPATIBLE NEW ADA RAMP CONCRETE PAVING BITUMINOUS PAVING W/ PICKLEBALL COURT SURFACING AL TERNA TE BITUMINOUS PAVING WI PICKLEBALL COURT SURFACING SCALE:1"=10' 0' 2.5' 5' 10" • •• ······--·••••••• Ap�lell Va ey 7100 147TH ST W APPLE VALLEY, MN 55124 0 UJ z z -:E .. >-UJ ...J ...J � UJ ...J a.. LL 0 U) I-z U,J �I-I->=>zOow c:::>-� c..<( w ::E __J C.9 -0::: 1-w <( U,J I-__J LI.JU) zc::: w tn 0 N 0 N NO REVISION DATE SURVEY JAR DRAWN TAB DESIGNED JLS APPROVED BSA PROJ. NO. 2020-105 SHEET NUMBER LS100 Figure: 2 CITY OF APPLE VALLEY RESOLUTION NO. 2020- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2020-105, 2020 STREET IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2020-105, 2020 Street Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2020-105, 2020 Street Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2020-105, 2020 Street Improvements at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 13th day of February, 2020 __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ADVERTISEMENT FOR BIDS 2020-105 00 11 13 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:45am, CST, on March 10,2020, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: City Project 2020-105, 2020 Street Improvements 5781 SY Remove Bituminous Pavement 1197 SF Remove Concrete Walk 2043 SF Concrete Walk 14932 SY Mill Bituminous 4219 CY Common Excavation 2003 CY Select Granular Borrow 3089 TN CL 5 Aggregate Base 3953 TN Bituminous Mixture 200 SY Sod ` 1.5 AC Seed With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2400 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota EXHIBIT A I T E M: 4.M. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving Plans and S pecifications f or P roject 2019-108, County R oad 42 and J ohnny C ake R idge Road I ntersection I mprovements, and A uthorizing A dvertisement for Receipt of B ids, on March 10, 2020, at 10:30 a.m. S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Adopt the resolution approving plans and specifications for Project 2019-108, C ounty Road 42 and J ohnny C ake Ridge Road Intersection Improvements, and authorizing advertisement for receipt of bids, on March 10, 2020, at 10:30 a.m. S UM M ARY: T he C ity of A pple Valley has received and approved a Preliminary and Final plat for the new Menards store located at the N W corner of C S A H 42 and J ohnny C ake Ridge Road (J C RR). Menards has petitioned the C ity to complete the improvements within the public right of way for the J ohnny C ake Ridge Road and C ounty Road 42 intersection in 2020 and be specially assessed for the public improvements required as part of the development. T he first phase of public improvements, which was completed in 2019, included intersection improvements at 147th Street including a new traffic signal. T he second phase which includes reconstruction at C R 42 and J C RR as well as at 149th Street and J C RR will be bid and constructed in 2020. Phase 2 work would consist of the construction of a roundabout at 149th and J C RR and a new traffic signal with additional turn lanes at C R 42 and J C RR. A map of the proposed phase 2 project area is attached (Figures: 1 & 2). T his project is scheduled to begin construction in the Spring of 2020 with a completion by the Fall of 2020 to allow the new Menards to open in the Fall of 2020. A full road closure at J ohnny Cake Ridge Road and 149th Street with detours are expected from May to September to facilitate the improvements to J ohnny C ake Ridge Road. B AC K G RO UND : On May 9, 2019, City Council Approved Waiver of Objection to Special Assessments with Menards, Inc. for Construction of Public Infrastructure Relating to the Proposed Menards at Hanson Concrete Redevelopment On May 9, 2019, C ity Council Approved Advance Purchase of Traffic Signal Controller Estimated Project C osts: C onstruction C ost $ 2,827,134.00 C onstruction C ontingency (10%)282,713.40 Engineering, C ontract Admin, Inspection, Testing, Survey (25%) 777,461.60 Total Estimated Cost $3,887,309.00 Estimated Project Funding Developer (Menard’s)$ 3,848,910.75 C ity C ost (Municipal State Aid Funds)38,398.25 Total Estimated Funding $ 3,887,309.00 Cabinet and C ontroller Unit in the amount of $26,945.90 from Traffic Control C orporation, contingent on execution of Waiver of Objection to Special Assessments with Menards, Inc., for construction of public infrastructure relating to the proposed Menards at Hanson Concrete Redevelopment Public Improvements, Project 2019-109. On May 9, 2019, C ity C ouncil Approved Advance Purchase of Traffic Signal S y s t e m Materials and Electrical Equipment in the amount of $63,441.00 from Mille rbe nd Manufacturing, contingent on execution of Waiver of Objection to Special A ss ess ments with Menards, Inc., for construction of public infrastructure relating to the propos ed Menards at Hanson C oncrete Redevelopment Public Improvements, Project 2019- 109. On J une 13, 2019, C ity Council adopted resolution 2019-79, Approving Plans a n d Specifications and Directing Receipt of sealed bids for Project 2019-109, 147th Street and J ohnny C ake Ridge Road Intersection Improvements. On J uly 25, 2019, C ity C ouncil adopted resolution 2019-90, Awarding Agreement for Project 2019-109, 147th Street and J ohnny C ake Ridge Road Intersection Improvements. On October 10, 2019, City C ouncil adopted resolution 2019-118, Final Plat and Development Agreement approval Menards at Hanson C oncrete, which included Waiver of Objection to Special Assessments. B UD G E T I M PAC T: Project costs associated with this work will be paid by Menard’s, Inc. and C ity of A pple Valley. T he Project costs and funding sources are summarized as follows: AT TAC HM E NT S: Map R esolution Advertisement f or B id 2.. City of Apple Valley Figure 1 160th Street (Co. Rd 46)Pilot Knob Rd140th Street McAndrews Rd Garden View DriveCedar Ave150th Street (Co. Rd 42)Interstate 35EFEETSCALE 0 1500 3000 N CITY HALL COUNTY ROAD 42 AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVMENTS PROJECT LOCATION 14" 14" 18" 18" 16" 20" 18" 10" 10" 14" 8"8"59955920598059926055Save: 12/19/2019 4:07 PM sgeraghty Plot: 12/19/2019 4:08 PM P:\AE\A\Apple\149342\5-final-dsgn\51-drawings\10-Civil\cad\dwg\exhibit\JCRR PHASE 2.dwg0feetscale501005025 PHONE: 952.912.260010901 RED CIRCLE DRIVE,SUITE 300MINNETONKA, MN 55343www.sehinc.comDATE:REVISION DATE:-JOHNNY CAKE RIDGE ROAD ANDCOUNTY ROAD 42 INTERSECTIONIMPROVEMENTSLEGENDROADWAY PAVEMENTMEDIAN/SIDEWALK/TRUCK APRONTRAILCURB AND GUTTERTURFCONCRETE DRIVEWAYRIGHT OF WAYPERMANENT EASEMENTHOLIDAY GASWISE SWIM SCHOOLLIFETIME FITNESSJAMES BARTON DESIGNCOUNTY ROAD 42/150TH ST WJOHNNY CAKE RIDGE ROAD148TH ST W149TH ST W149TH ST WJOHNNY CAKE RIDGE ROADFIGURE 2 CITY OF APPLE VALLEY RESOLUTION NO. 2020- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2019-108, COUNTY ROAD 42 AND JOHNNY CAKE RIDGE ROAD INTERSECTION IMPROVEMENTS WHEREAS, the Apple Valley City Council has reviewed plans and specifications for Project 2019-108, County Road 42 and Johnny Cake Ridge Road Intersection Improvements; and WHEREAS, the City Council believes that the interests of the City would be best served by receiving sealed bids based on said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Such plans and specifications for Project 2019-108, County Road 42 and Johnny Cake Ridge Road Intersection Improvements, a copy of which is on file in the office of the City Clerk and made a part hereof, are hereby approved. 2. The City Clerk is hereby authorized to receive sealed bids for Project 2019-108, County Road 42 and Johnny Cake Ridge Road Intersection Improvements at the time and place specified in the form of notice attached hereto as Exhibit A. 3. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 13th day of February, 2020 __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ADVERTISEMENT FOR BIDS 2019-108 00 11 13 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Apple Valley, Minnesota, in the Apple Valley Municipal Center 7100 147th Street West, until 10:30 AM CST, March 10, 2020, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: City Project 2019-108, County Road 42 and Johnny Cake Ridge Road Intersection Improvements 7,500 Sq Yd Remove Bituminous Pavement 15,400 Cu Yd Common Excavation 4,200 Cu Yd Select Granular Borrow 11,300 Ton Aggregate Base Class 5 4,200 Ton Bituminous Pavement 2,200 Lin Ft Storm Sewer Pipe (15”-27”) 121 Lin Ft Drainage Structures 600 Lin Ft Watermain Pipe (6”-12”) 10,200 Sq Ft Concrete Walk 7,500 Lin Ft Concrete Curb and & Gutter (Design B618, R424) 15 Each Lighting Unit Type Special 1 System Traffic Control Signal System With related items Bidders desiring Bidding Documents may purchase them for a non-refundable fee of $20 by visiting www.cityofapplevalley.org or www.questcdn.com. Contact Casy Weise at (952) 953-2400 for questions about ordering. The Bidding Documents may be viewed at the office of the City Clerk, 7100 147th Street West, Apple Valley, MN. Direct inquiries to Engineer’s Project Manager Brandon Anderson at (952) 953-2490. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. This project is subject to Minnesota Department of Labor and Industry Prevailing Wage and Truck Rental Rates. Pamela J. Gackstetter, City Clerk City of Apple Valley, Minnesota EXHIBIT A I T E M: 4.N. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove L ease A greement with P ear One, I nc., d/b/a R oasted Pear, f or E xclusive Food and B everage S ervice at Valleywood Golf C ourse S taff Contact: B arry B ernstein, Director of Parks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve Lease Agreement with Pear One, Inc., dba Roasted Pear, to be the exclusive food and beverage service provider at Valleywood Golf Course. S UM M ARY: Staff recommends a partnership with Pear One, Inc., dba Roasted Pear, to be the exclusive food and beverage service provider at Valleywood Golf C ourse under a Lease Agreement prepared by the C ity Attorney's office. Pear O ne, Inc., dba Roasted Pear, owns and operates two restaurants (Burnsville and Brooklyn Park) and also has extensive experience with event catering. B AC K G RO UND : As approved by C ouncil in April 2018, Pear One, Inc., dba Roasted Pear initially operated under a Management A greement as an interim step in bringing Pear One, Inc., dba Roasted Pear, on-board as our food and beverage provider for a three-year lease agreement. Under the terms of the Lease Agreement, the C ity will receive incremental annual increases to the commission on all food and beverage sales made at Valleywood. Pear One, Inc., dba Roasted Pear, will also market and promote our facility at the various food and wedding shows they attend, and also through their print, website and social media advertising campaigns. Given the long lead time associated with booking certain events (i.e., weddings), three years is deemed to be a reasonable amount of time to determine the success of the partnership. Staff is excited by the prospect of working with Pear One, Inc., dba Roasted Pear to better serve our customers, to improve the financial performance of the facility and to help raise the visibility of Valleywood as a wonderful place to hold special events. B UD G E T I M PAC T: During the terms of the Lease Agreement, the C ity will receive a 9 percent commission on all food and beverage sales made at Valleywood the first year, 10% the second year, and 12% the third year. In addition, Valleywood will retain all rental fees (room rental, audio visual, décor). AT TAC HM E NT S: Agreement I T E M: 4.O. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove Amendment to L egal R etainer A greement Removing Gray, P lant, Mooty, Mooty & B ennett, P.A ., and Consenting to Z immerman R eed, L L P, f or L egal S ervices S taff Contact: Matt Saam, P ublic Works Director D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: Approve amendment to Legal Retainer Agreement with Zimmerman Reed LLP, regarding litigation. S UM M ARY: Council previously approved a legal services agreement with Weitz & Luxenberg, P.C ., Super Law Group, LLC , and Gray, Plant, Mooty, Mooty & Bennett, P.A., regarding a joint law suit by other metro cities to recover costs associated with the excavation and disposal of sediments from storm water ponds contaminated by certain chemical components of driveway sealants known as Polycyclic Aromatic Hydrocarbons (PA H’s). Recently, the group of cities decided to remove one of the firms: Gray, Plant, Mooty, Mooty & Bennett, P.A., as they are a national firm without any local presence in order to utilize a firm based in Minnesota. T he new firm, Zimmerman Reed, LLP, has offices in Minneapolis. T his proposed action will amend the existing agreement to remove the previously mentioned attorney and include Zimmerman Reed, LLP, as the new attorney of record. A ll other items in the existing agreement will remain unchanged. B AC K G RO UND : On J uly 26, 2018, the Apple Valley City C ouncil approved a Legal Retainer A greement with Weitz & Luxenberg, P.C ., Super Law G roup, LLC, and Gray, Plant, Mooty, Mooty & Bennett, P.A., regarding litigation for the joint lawsuit. In 2014, the State of Minnesota banned the sale and use of coal tar-based sealants as an asphalt driveway sealer. PA H’s are one of the chemical concentrations that were contained in coal tar-based sealants. PA H’s in coal tar-based sealants were typically released into the environment as dust when the sealant breaks down over time. T his dust was then transported to nearby soils and waters via stormwater runoff. T here have been numerous cases across the metro of PA H-laden sediments removed from stormwater ponds. Once removed, the excavated material is required to be deposited at special regulated dump sites at costs that can be up to ten times the cost to deposit uncontaminated sediment. B UD G E T I M PAC T: At this time, it is unclear as to the extent of the lawsuit and the associated legal work. It will most surely be necessary to incur some legal costs before knowing the result of the lawsuit. Initial legal fees are estimated to be $10,000. AT TAC HM E NT S: L etter December 20, 2019 JUNE P. HOIDAL Admitted in Minnesota June.Hoidal@zimmreed.com Via E-Mail REPLY TO MINNEAPOLIS RE: Coal Tar Litigation (In re Municipal Stormwater Pond, Case No. 18-cv-3495) Dear Apple Valley: As the new member of the legal team representing the City in the coal tar litigation, we again express our appreciation of being involved in this important issue. We look forward to working together. As part of that representation, we are following up on the Legal Services Agreement (“Agreement”). Currently, the Agreement documents the City’s retention of the legal team of Weitz & Luxenberg, Super Law Group, and Gray Plant Mooty. Since the City has approved our firm stepping in to replace Gray Plant Mooty, we wanted to formalize that change in an amendment, consistent with the terms of the Agreement. Accordingly, we are confirming that, by this letter, our firm and the City are consenting to Zimmerman Reed representing the City in the coal tar litigation, consistent with the terms of the Agreement. To formalize this modification, we ask that you countersign this letter below, confirming the City’s consent to our representation. Thank you—and best wishes for the holidays. Best regards, ZIMMERMAN REED LLP June Pineda Hoidal CITY OF APPLE VALLEY By: (Title) Dated: By: (Title) Dated: cc (via email): Robin Greenwald, Diana Gjonaj (Weitz & Luxenberg) Edan Rotenberg (Super Law Group) I T E M: 4.P. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove Agreement with Metropolitan E mergency S ervices B oard f or O piate Antidote Reimbursement S taff Contact: Nick Francis, P olice C aptain D epartment / D ivision: P olice Department AC T I O N RE Q UE S T E D: Approve the subgrant agreement with the Metropolitan Emergency Services Board to seek reimbursement for opiate antagonists purchased by the police department. S UM M ARY: T he agreement, which has been reviewed and approved by the C ity A ttorney's O ffice, is a required written agreement between our department and the board to replenish and update our Narcan, which is an antidote for narcotic overdoses. T his is the second grant we have received from the board. B AC K G RO UND : T he police department strives to provide the best possible service to those residing in, working in, or visiting Apple Valley. We have seen an increase in the number of opiate overdoses in our community consistent with reports from the rest of the state and country. Since 2018, we have trained and equipped officers with N arcan, an antidote that can help reverse the effects of an opiate overdose. T he Metropolitan Emergency Services Board has grant funds available to outfit each staffed vehicle plus a reasonable reserve. T he police department has purchased $2,400 of Narcan. T he drugs are deployed in our medical response bags. B UD G E T I M PAC T: A purchase of $2,400 has been completed. T he reimbursement will be returned to 1200.6399 where the funds originated. AT TAC HM E NT S: Agreement METROPOLITAN EMERGENCY SERVICES BOARD 2099 UNIVERSITY AVENUE WEST SAINT PAUL, MINNESOTA 55104-3431 THIS AMENDMENT made and entered into on this date by and between the METROPOLITAN EMERGENCY SERVICES BOARD, Metro EMS Region, 2099 W. University Ave., #201, Saint Paul, MN 55104 ("MESB") and ("Subgrantee"). WITNESSETH WHEREAS, the Subgrantee entered into a “Opiate Antagonists” subgrant agreement with the MESB effective November 2, 2017 (the “Agreement”) to provide reimbursement and expenses for an opiate antagonist to eligible first responders; and WHEREAS, the MESB wishes to amend the Agreement to extend the contract fourteen (14) months and remove limitation on reimbursement per dose. NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth herein, the MESB and the Subgrantee agree as follows: 1. Article I.C is amended to read: C. Subgrantee shall be reimbursed for the cost of an opiate antagonist it has purchased for the period from November 2, 2017 through September 30, 2020 subject to the limitations set forth in this Agreement. 2. Article III is amended to read: Subgrantee shall submit to the MESB a copy of a detailed invoice and record of payment for the purchase of an opiate antagonist. Upon verification and acceptance by the MESB’s Regional EMS Coordinator of each invoice, the MESB will pay Subgrantee the invoiced amount. The MESB’s reimbursement obligation is contingent on the MESB receiving grant funds from the State under the Grant Agreement, and is limited to the total amount of grant funds remaining upon receipt of an invoice. Invoices must be received by the MESB no later than September 15, 2020. Reimbursement will be made in a timely manner following receipt of sufficient grant funds by the MESB from the State. The MESB will not expend any of its own funds to reimburse Subgrantee. This Amendment shall be effective June 30, 2019 – September 30, 2020. Except as hereinabove amended, the terms, conditions and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates set forth below. METROPOLITAN EMERGENCY SERVICES BOARD 2099 UNIVERSITY AVENUE WEST SAINT PAUL, MINNESOTA 55104-3431 METROPOLITAN EMERGENCY SERVICES BOARD SUBGRANTEE By: ______________________________ By: Jill Rohret, Executive Director Title: Date: ___________________________ Date: I T E M: 4.Q. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove Agreement with Pro-Tec Design, I nc., for Municipal Center L ower L evel Security Camera and A ccess Systems S taff Contact: Charles Grawe, A ssistant City Administrator D epartment / Division: Administration / I nf ormation Technologies AC T I O N RE Q UE S T E D: Approve the agreement with Pro-Tec Design, Inc., for Municipal C enter Lower Level Security Camera and Access Systems in the amount of $30,360.59. S UM M ARY: T he C ity is in the process of finishing the lower level of the Municipal C enter for a variety of different uses, including meetings involving the public. In order to secure the building, access to non-public spaces as well as off-hour access to public spaces needs to be controlled. T he space also requires monitoring through the City's video surveillance system. B AC K G RO UND : Security access and video surveillance are critical parts of the C ity's security systems. As this space is not easily visible to many employees during the work day, it is important to use electronic devices to efficiently control and monitor these spaces. T his project covers 15 door access and four cameras for the lower level of the Municipal Center in a total amount of $30,360.59. T he goods and services are being purchased through the State of Minnesota purchasing contract S-813(5). Staff intends to use the C ity's standard contract form. Staff recommends approval of a standard form agreement with Pro-Tec Design, Inc. for Municipal Center Lower Level Security C amera and Access Systems in the amount of $30,360.59. B UD G E T I M PAC T: T he $30,360.59 would come from the project budget for the lower level finishing project. I T E M: 4.R. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove Change Orders No. 3 and 4 to A greement with Fendler P atterson C onstruction, I nc., f or City Hall - L ower L evel Buildout, and R ename Previous Change O rders No. 3 and 4 to Change Order No. 2 S taff Contact: Charles Grawe, A ssistant City Administrator D epartment / Division: Administration / I nf ormation Technologies AC T I O N RE Q UE S T E D: Approve C hange O rders No. 3 in the additional amount of $2,652.67 and No. 4 in the additional amount of $13,930.25 to agreement with Fendler Patterson Construction, Inc., for C ity Hall - Lower Level Buildout; and rename previous C hange Orders No. 3 and 4 to Change O rder No. 2, in the additional amount of $4,143.70, and authorize the Mayor and City C lerk to sign the same. S UM M ARY: Attached are proposals for two change orders to the project contract. T he change orders cover eight issues summarized below. T he eight small issues have been grouped into two change orders. C hange Order 3 is in the amount of $2,652.67. C hange Order 4 is in the amount of $13,930.25. T he total budget impact for the entire change in both change orders is an addition of $16,582.92. T he contract sum prior to the approval of the change order is $951,625.84. With the approval of the change order, the contract sum would be $968,208.76. T he project is under budget. Due to timing and scheduling, staff has granted prior approval of some of these items to keep the project moving on schedule. B AC K G RO UND : Housekeeping Renaming P rev iously Approv ed Change Orders 3 and 4 to Change Order 2 On J anuary 23, 2020, the City Council approved three change orders to the project. Change Order 1 was in the amount of $13,182.14. C hange O rder 3 was in the amount of $2,200.00. Change O rder 4 was in the amount of $1,943.70. T here was a clerical discrepancy in the numerical assignment of the change order numbers between the contractor and the architect. To fix the discrepancy, previously approved C hange O rders 3 and 4 will from here forward be named C hange Order 2 in the amount of $4,143.70. T his does not change the amounts or issues approved in the previous change orders. It only renames and aggregates two of the change orders within our records to provide consistency across the project documents. New Changes for Council Approv al C O 3, Item 1: T his item corresponds with C O 4, Item 2. Modify beam and supports for folding wall in training room. T he new training room has a folding dividing wall which is suspended on a beam that crosses the room. T here are a number of challenges because of fire suppression pipe and electrical conduit running through the same ceiling space. In order to maintain a desirable ceiling height as cost effectively as possible, the beam will be cut into sections supported in a different manner. C O 3, Item 2: Eliminate conduit requirement for low voltage cable in the plenum area. T his is a value-engineering decision to help off-set additional costs in other areas. C O 4, Item 1: C hange door swing to kitchen entrance. T his is a code requirement due to changes being made to the kitchen entrance onto a main hall rather than the training room. T he existing door and frame will be replaced with a door that swings out into the hall. C O 4, Item 2: Modify ducting in training room. T he ceiling area of the new training room is very crowded with electrical conduit and fire suppression pipes that serve the majority of the lower level space. T his area now needs to accommodate ducting that will be serving much of the lower level as well. C eiling height is critical for a large room like the training room in order to make occupants comfortable and to allow video screens to be suspended from a height that allows for unobstructed viewing. Without modification, the ducts would require a ceiling height of seven feet, six inches. T his would be uncomfortably low and would negatively impact the use of the room. T his change attempts to flatten the profile of the ducts and uses angled joints to get around the existing conduit and pipes. T his change will allow the ceiling height to be eight feet six inches, which is the same as the height of the ceiling in the office spaces on first and second floor. C O 4, Item 3: C hange outlet control from three switches to one in Elections area. Multiple outlets are used for charging the elections equipment on a regular basis. T his change allows for single switch control for all the outlets. C O 4, Item 4: Relocate electrical outlets in conflict with radiator tubing. T here are a few outlets on the north wall that need to be relocated to be above the future radiator cowl. C O 4, Item 5: Eliminate heat trace for storm water line. T his is a value-engineering decision to help off-set additional costs in other areas. T he storm water line issue originates in a pond and needs to be fixed from that end, not inside the building. C O 4, Item 6: C hange vertical blind reference from Hunter Douglas to Brighton. T he original blind manufacturer no longer produces blinds in the color scheme used in the first two floors. T his changes to a manufacturer that produces blinds in that color. B UD G E T I M PAC T: C O 2: Total Amount $4,142.70 (aggregated from prev iously approv ed change orders) C O 3: Total Amount $2,652.67 C O 3, Item 1 Addition. $6,054.67 C O 3, Item 2 D eduction. ($3,402.00) C O 4: Total Amount $13,930.25 C O 4, Item 1 Addition. $5,863.50 C O 4, Item 2 Addition. $10,152.45 C O 4, Item 3 Addition. $216.15 C O 4, Item 4 Addition. $231.00 C O 4, Item 5 D eduction. ($2,532.85) C O 4, Item 6 Addition. No cost AT TAC HM E NT S: C hange Order D ocument(s) C hange Order D ocument(s) 2 ATTEST Pam Gackstetter, City Clerk I T E M: 4.S . C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove Change Order No. 1 to Agreement with MacQueen E quipment, L L C , d/b/a MacQueen E mergency G roup, f or Apple Valley Rescue 2, and Approve A cceptance and F inal P ayment S taff Contact: Charles Russell, F ire C hief D epartment / D ivision: F ire Department AC T I O N RE Q UE S T E D: Approve C hange Order No. 1 to the agreement with MacQueen Equipment, LLC , d/b/a MacQueen Emergency Group, for Apple Valley Rescue 2, and approve acceptance and final payment in the amount of $271,815.50. S UM M ARY: MacQueen Emergency Group has satisfactorily completed construction of the new duty crew response vehicle. It is the Fire Department's recommendation that C ity C ouncil approve change order no. 1, and approve acceptance and final payment to MacQ ueen Emergency Group for their work. B AC K G RO UND : On November 29, 2018 the City Council approved an agreement with MacQueen Emergency Group for the purchase of a new type of duty crew vehicle for the Fire Department. We used the HG A C (Houston-Galveston Area C ouncil) contract to streamline the process and obtain a competitive price. T he Fire D epartment's truck committee met many times to develop specifications for the correct size chassis and cab. T his vehicle was designed to carry the equipment the duty crew uses on a typical day, as well as having the ability to extinguish small fires with an ultra-high pressure pumping system and 150 gallons of water. During the process of building the truck, there was a change order requested that produced a project savings of $1,786.94 by modifying the emergency lighting package and a project expense of $5,175.44 for expanding the rear compartment door to accommodate the fire pump, adding a ladder to access the roof of the vehicle, re-configuring the tool boards and radio council, and adding stainless steel sills to the compartments to protect the edges while accessing tools and equipment from the truck. Approval of this request will continue our efforts to provide and maintain an effective and reliable apparatus fleet. Such a fleet not only benefits the firefighters, but ultimately the community they serve. B UD G E T I M PAC T: Funding for this apparatus purchase comes from the Vehicle and Equipment Replacement Fund. AT TAC HM E NT S: C hange Order D ocument(s) F inal Pay Documents I nvoice IN STORE PICKUP 06 - EMERGENCY GROUP 11/27/2019 1 APPLE002 E00079 CITY OF APPLE VALLEY ENCORE RESCUE ATTN: ACCOUNTS PAYABLE 7100 147TH ST W APPLE VALLEY MN 55124 TOM SOLAND 152 Description Amount Stock #: C006056 Serial #: 33369 271815.50 New 2019 PI RESCUE-COMM New PIERCE ENCORE NON-WALK IN RESCUE . CONTRACT PRICE = $268,427.00 FINAL PROGRESS CHANGES = $2,824.30 STAINLESS STEEL SILLS = $564.20 ------------------------------------- FINAL SALE PRICE = $271,815.50 Subtotal:271815.50 IN HOUSE CHARGE: 271815.50 Job#33369 Apple Valley Final Change Report Options: 3 SP's - 276 Total 3.0% 5.9% Total Price Change: $2,824.30 Category Description Price Change Wheelbase Thomas Soland 04/18/2019 Wheelbase, 186'' to 200", Single Axle (All GAWR), Freightliner $0.00 GVW Rating Thomas Soland 04/18/2019 GVW Rating, Commercial Chassis $0.00 Consoles and Map Boxes, Commercial Chassis Thomas Soland 04/18/2019 Console, Freightliner M2, 2/4 Door, Radio/Map Storage ($1,295.00) Consoles and Map Boxes, Commercial Chassis Nathan Schwanger 08/30/2019 Console, Flr M2, 4 Door, SPECIAL, Customer Designated Layout, Includes Drawing $3,018.42 Console, Additional Equipment, Commercial Thomas Soland 04/18/2019 No Additional (Customer Installed) Equipment Mounted on Console $0.00 Battery System, Modified, Commercial Chassis Nathan Schwanger 07/24/2019 Batteries Relocated by Pierce, 4- Door Cab ($98.29) Lighting, FMVSS, Commercial Nathan Schwanger 08/30/2019 Cab Lighting, Commercial Chassis $0.00 Lighting, FMVSS, Commercial Nathan Schwanger 08/30/2019 Cab Lighting, LED Marker Lights, Commercial $0.00 Lights, Tail Nathan Schwanger 07/31/2019 Lights, Tail, Wln M6BTT* Red LED Stop/Tail & M6T* Amber LED Dir Arw For Hsg ($833.25) Lights, Tail Nathan Schwanger 07/31/2019 Lights, Tail, Wln M6BTT* Red LED Stop/Tail & M6T* Amber LED Dir w/Flange $916.93 Lights, Backup Nathan Schwanger 07/31/2019 Lights, Backup, Wln M6BUW, LED, For Tail Lt Housing ($567.66) Lights, Backup Nathan Schwanger 07/31/2019 Lights, Backup, Wln M6BUW, LED, Flange Feature $613.23 ENCORE Body/Compartment Accessories Nathan Schwanger 05/20/2019 Toolboard, Alum Adj., 42" H x 42" Dp, w/ Tray ($3,074.96) ENCORE Body/Compartment Accessories Nathan Schwanger 05/20/2019 (A)Compt, Rear, Full Size Rear Access, Roll Up Door ($2,967.94) ENCORE Body/Compartment Accessories Nathan Schwanger 05/20/2019 (A)Compt, Rear, Full Size Rear Access, Roll Up Door, 44.00" Wide $3,986.37 ENCORE Body/Compartment Accessories Nathan Schwanger 05/20/2019 Divider, Compt, Vertical $392.32 ENCORE Body/Compartment Accessories Nathan Schwanger 07/31/2019 Ladder, Roof Access, (Alum) $1,084.95 ENCORE Body/Compartment Accessories Nathan Schwanger 05/20/2019 Toolboard, Alum Adj., 42" H x 42" Dp, w/ 21" Tray $3,399.56 Steps, Rear Thomas Soland 04/18/2019 Not Required, Rear Step (No rear door) $0.00 Steps, Rear Thomas Soland 04/18/2019 Not Required, Rear Step $0.00 Hose Restraint, Speedlay Nathan Schwanger 08/30/2019 Hose Restr, Spdly, Not Required, No Spdly $0.00 Lightbars, Cab Roof Thomas Soland 04/18/2019 Lightbar, Wln, Freedom IV-Q, 60", RR_R_W__W_R_RR ($4,312.51) Lightbars, Cab Roof Thomas Soland 04/18/2019 Lightbar, Wln, Justice, 62" R_RRRWRsrRWRRR_R $3,176.73 Lights, Side Zone Lower Nathan Schwanger 07/31/2019 Lights, Side Zone Lower, Wln M6*C LED, Clear Lens, 3pr, Ovr 25 ($2,118.48) Lights, Side Zone Lower Nathan Schwanger 07/31/2019 Lights, Side Zone Lower, Wln M4*C Frnt & M6* C Rear LED, Clear Lens 2pr $1,338.07 Hydraulic Reels Nathan Schwanger 08/30/2019 Not Required, Hydraulic Reels $0.00 Stripe, Reflective, Accessories Nathan Schwanger 08/27/2019 Jog, "Z"-Shaped, In Reflective Stripe $736.89 Stripe, Reflective, Accessories Nathan Schwanger 08/30/2019 Stripe, Reflective, 4" Additional on Front Bumper $121.62 Lettering Process Nathan Schwanger 08/27/2019 Not Required, Lettering Specs $0.00 Lettering Nathan Schwanger 08/27/2019 Match Existing Customer Truck Graphics ($4,000.00) Lettering Nathan Schwanger 08/27/2019 [Lettering not Requested] $0.00 Lettering, Special Nathan Schwanger 08/27/2019 Digitizing Fee for Special Lettering/Graphics Font $140.68 Lettering, Special Nathan Schwanger 08/27/2019 Lettering, Reflective, 9.00", Each $68.33 Lettering, Special Nathan Schwanger 08/27/2019 Lettering, Reflective, 3.00", Each $196.66 Lettering, Special Nathan Schwanger 08/27/2019 Lettering, Reflective, 5.00", Each $180.52 Lettering, Special Nathan Schwanger 08/30/2019 Lettering, Reflective, 11.00", (21- 40) $1,078.97 Lettering, Special Nathan Schwanger 08/27/2019 Lettering, Reflective, 24.00", Each $348.21 Lettering, Special Nathan Schwanger 08/27/2019 Lettering, Reflective, "Dial 911" Each $129.17 Emblem/Logo Nathan Schwanger 08/27/2019 Emblem, "Waving American Flag" Color Imaged, 14" Wide, Pr (mirror images) $321.08 Emblem/Logo Nathan Schwanger 08/20/2019 Emblem, "Dept. Patch", 12", Reflective $843.99 Warranty, Graphics Nathan Schwanger 08/27/2019 Not Required, Warranty, No Lettering $0.00 I T E M: 4.T. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: S et Special I nf ormal City Council Meeting for 2020 Goal S etting S ession S taff Contact: Tom L awell, City Administrator D epartment / D ivision: A dministration Department AC T I O N RE Q UE S T E D: Council should consider a motion to set a special informal C ity C ouncil meeting at 9:00 a.m. on April 3, 2020, for purposes of conducting a goal setting retreat at C amp Sacajawea Retreat Center, located at 5121 McAndrews Road in Apple Valley. S UM M ARY: As C ouncil has previously discussed, we would like to formally establish a date for the C ity Council’s 2020 Annual Goal Setting Session. T he suggested date is Friday, April 3, 2020 beginning at 9:00 a.m. T his date replaces the previously scheduled date of March 6, 2020 which proved unworkable. T he location is the Camp Sacajawea Retreat C enter. T he meeting will begin at 9:00 a.m. and will conclude by 2:00 p.m. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 4.U. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove P ersonnel R eport S taff Contact: Melissa Haas, Human Resources Manager D epartment / D ivision: Human Resources D ivision AC T I O N RE Q UE S T E D: Approve the personnel report. S UM M ARY: T he employment actions attached to this memo are recommended for City Council Approval. B AC K G RO UND : T he C ity C ouncil's approval of the Personnel Report includes the ratification of the C ity Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. B UD G E T I M PAC T: Budgeted positions. AT TAC HM E NT S: Personnel Report PERSONNEL REPORT February 13, 2020 City of Apple Valley Human Resources 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) Sydney Dixon Hire Skating Instructor I Casual,  Seasonal 5205  $                10.60  Hourly  C‐01 2/4/2020 Thomas Isaacson Hire Facility Attendant ‐  Warming House Casual,  Seasonal 1800  $                10.60  Hourly  C‐01 1/27/2020 Krystal Kane Hire Skating Instructor II Casual,  Variable Hour 5205  $                15.00  Hourly  C‐10 1/20/2020 Jeremy  Lyons Separation from  Employment Maintenance Worker II Full‐Time,  Regular 1710 2/7/2020 Matthew Mick Hire Sales Clerk Casual,  Variable Hour 5020  $                12.00  Hourly  L‐1 2/11/2020 Joan Murphy Accept  Retirement Department Assistant Full‐Time,  Regular 1100 3/5/2020 Nick Thompson Hire Recreation Supervisor Full‐Time,  Regular 1700  $        84,000.00  Annual 170E 2/28/2020 Todd Weiss Separation from  Employment Maintenance Worker II Full‐Time,  Regular 1900 2/7/2020 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.V. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:C onsent Agenda Description: A pprove Claims and Bills S taff Contact: Ron Hedberg, F inance Director D epartment / D ivision: F inance Department AC T I O N RE Q UE S T E D: Approve claims and bills. S UM M ARY: Attached for C ity C ouncil review and approval are check registers for recent claims and bills. B AC K G RO UND : N/A B UD G E T I M PAC T: Check registers dated J anuary 16, 2020, J anuary 23, 2020, and J anuary 29, 2020, in the amounts of $571,808.35, $1,524,645.37 and $394,713.85, respectively. AT TAC HM E NT S: C laims and B ills C laims and B ills C laims and B ills I T E M: 5.B . C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:Regular Agenda Description: P roclaim May 16, 2020, "K ids to Parks Day" S taff Contact: B arry B ernstein, P arks and Recreation D irector Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Adopt Resolution proclaiming May 16, 2020, "Kids to Parks D ay" S UM M ARY: Submitted for C ity C ouncil approval is a proclamation supporting "Kids to Parks Day." T he Day is a nation-wide initiative that is designed to connect kids and families with their local, state, and national parks. T his proclamation is sponsored by C ouncilmember Hooppaw. B AC K G RO UND : T he National Park Trust acknowledges the tenth anniversary of "Kids to Parks Day" in 2020. T he mission of this Day is to foster future outdoor enthusiasts and help with developing the next generation of park stewards by encouraging kids and families to get outside and create their own adventure. T his program celebrates Nature Play days across the country. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Proclamation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, May 16, 2020, is the tenth “Kids to Parks Day” organized and launched by the National Park Trust held annually on the third Saturday of May; and WHEREAS, “Kids to Parks Day” empowers kids and encourages families to get outdoors and visit America’s parks, public land and water; and WHEREAS, we should encourage children to lead a more active lifestyle to combat issues of childhood obesity, diabetes, hypertension and hypercholesterolemia; and WHEREAS, “Kids to Parks Day” will broaden children’s appreciation for nature and outdoors; and NOW, THEREFORE BE IT RESOLVED, by the City Council of Apple Valley, Dakota County, Minnesota, that, May 16, 2020, is hereby proclaimed to be: “KIDS TO PARKS DAY” BE IT FURTHER RESOLVED, the City Council encourages the citizens of Apple Valley to visit America’s parks, public land and water in recognition of this day. PROCLAIMED this 13th day of February, 2020. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 5.C. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:Regular Agenda Description: A pprove S tate C onsumption and Display P ermit for Kumar's Apple Valley, L L C , d/b/a Kumar's, 14871 Granada Avenue S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve issuance of a Consumption and Display Permit by the Alcohol & Gambling Enforcement D ivision of the Minnesota Department of Public Safety to Kumar's A pple Valley, LLC , d/b/a Kumar's, for use at 14871 Granada Avenue. S UM M ARY: Kumar's Apple Valley, LLC , d/b/a Kumar's, submitted an application for a C onsumption and Display Permit at 14871 Granada Avenue, effective through March 31, 2020. Kumar's is an Indian food restaurant in the Granada C enter. T he application is on file should you wish to review it. B AC K G RO UND : Consumption and Display Permits are issued by the Minnesota Department of Public Safety Alcohol & Gambling Enforcement (A G E). Permits are only issued to restaurants, hotels, establishments licensed for 3.2% malt liquor, resorts, and clubs, and issuance is subject to approval by the city in which the premises is located. C onsumption and Display Permits expire on March 31 of each year. B UD G E T I M PAC T: N/A I T E M: 5.D. C O UNC I L ME E T I NG D AT E:F ebruary 13, 2020 S E C T I O N:Regular Agenda Description: A dopt Resolution Appointing Member to F ill Vacancy on Parks and Recreation Advisory Committee with a Term Expiring March 1, 2021 S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Adopt the resolution appointing member to the Parks and Recreation A dvisory C ommittee for a term expiring March 1, 2021. S UM M ARY: Seven applications for the Parks and Recreation Advisory C ommittee were received by the deadline and provided to you under separate cover. Listed below are the names of the individuals interested in serving on the Parks and Recreation A dvisory C ommittee. Russell Beyer J effrey Bransford J ustin Emmerich Dave Freed Kelly Mielke Dan O tt Chad Rainwater T here is one vacancy. T his appointment has a three-year term expiring March 1, 2021. If the C ity Council would like to proceed with filling the vacancy, ballots will be distributed. Following the balloting process, a motion should be made adopting the resolution appointing the individual to the C ommittee. B AC K G RO UND : On November 14, 2019, the City C ouncil authorized accepting applications to fill the Parks and Recreation A dvisory C ommittee vacancy through December 31, 2019. A copy of the resolution establishing procedures for appointing committee members is attached for your reference. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material R esolution CITY OF APPLE VALLEY RESOLUTION NO. 1997-165 A RESOLUTION ESTABLISHING A PROCEDURE FOR APPOINTMENT TO FILL POSITIONS ON COMMISSIONS AND COMMITTEES WHEREAS, the City Council has established advisory commissions and committees whose members are appointed by the Council and any vacancies during a term are also filled by Council appointment, and WHEREAS, the City Council desires to establish a written procedure by which to make such appointments, and WHEREAS, this procedure will be used as a preliminary process and not a binding Council action; further Council action, by motion, will be necessary to appoint candidates for the positions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following procedure will be used to reduce the number of candidates considered by the Council in making appointments to advisory commissions and committees and to fill any vacancies thereon: 1. The Mayor will call for nominations for a position or positions from the Councilmembers. 2. A nominee may decline the nomination at any point up to the time that nominations are closed. 3. When no further nominations are offered, the Mayor will close nominations. 4. If the number of nominations is equal to the number of positions to be filled, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint ________________to the position of _________________." Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. 5. If the number of nominations is greater than the number of positions to be filled, a written roster will be prepared listing the nominees and the Council shall proceed in the following manner: a) On the first round, and any subsequent rounds, each Councilmember shall, in writing, select that certain number of names which is one less than the total number of the names appearing. b) After the City Clerk has received the selection from each Councilmember, the City Clerk shall record the selection and announce the remaining names. c) Any name or names not having been selected by more than two of the Councilmembers shall be stricken by the City Clerk from the succeeding round and shall no longer appear as a name(s) to be considered by the Council; except that, if after selection by the Council there results a tie between or among all the names appearing on the round, the Council, in writing shall again select until one or more names have been stricken; provided, however, that if such a situation exists, the Council shall not reselect more than three times. In such a situation, the process shall end. Otherwise, the process shall end when only one name remains. d) After the process has ended, a motion to make the appointment shall be in order. The motion shall be in the form of: "I move to appoint _______________ to the position of _________________.” Vote shall be by roll call with the Mayor casting the first vote and the Council alternating from right to left of the Mayor, starting with the member to the right of the Mayor. ADOPTED this 10th day of July, 1997. /s/ Gary L. Humphrey Gary L. Humphrey, Mayor ATTEST: /s/ Mary E. Mueller Mary E. Mueller, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2020- RESOLUTION APPOINTING PARKS & RECREATION ADVISORY COMMITTEE MEMBERS WHEREAS, Section 32.02 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Parks & Recreation Advisory Committee; and WHEREAS, one vacancy now exists on the Parks & Recreation Advisory Committee due to the resignation of Boyd Montgomery. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that ___________________ is hereby appointed to the Parks & Recreation Advisory Committee for a term expiring March 1, 2021. BE IT FURTHER RESOLVED that members of the Parks & Recreation Advisory Committee are then as follows: Name Term Expires 1. Lisa Hiebert March 1, 2020 2. Matthew Hinrichs March 1, 2020 3. Brenton Schulz March 1, 2021 4. ________________ March 1, 2021 5. Josh Gaffke March 1, 2022 6. Noel Hammill March 1, 2022 7. Mark Schori March 1, 2022 ADOPTED this 13th day of February, 2020. Mary 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:F ebruary 13, 2020 S E C T I O N:Calendar of Upcoming E vents Description: A pprove Calendar of Upcoming Events S taff Contact: S tephanie Marschall, Deputy City Clerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the C ity Council. S UM M ARY: Day/Date Time L ocation E v ent T hur./Feb. 13 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting T hur./Feb. 13 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting Sat./Feb. 15 6:00-9:00 p.m. Bogart’s Entertainment C enter Apple Valley Arts Foundation Frozen Apple Concert Series Mon./Feb. 17 C ity Offices Closed President's Day Wed./Feb. 19 8:00-9:00 a.m.360 C ommunities, Burnsville J oint C hamber C offee C onnection Wed./Feb. 19 7:00 p.m.Municipal C enter Planning C ommission Meeting Wed./Feb. 26 4:00-6:00 p.m.Rosemount Family Resource C enter Grand Opening T hur./Feb. 27 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting Sat./Feb. 29 5:00 p.m. Bogart’s Entertainment C enter Fire D epartment Awards Banquet Mon./Mar. 2 7:00 p.m.Municipal C enter Telecommunications Advisory C ommittee Meeting Tue./Mar. 3 Presidential Nomination Primary Election Day Tue./Mar. 3 12:00-1:00 p.m.Title Smart Ribbon C utting C eremony Wed./Mar. 4 7:00 p.m.Municipal C enter Planning C ommission Meeting T hur./Mar. 5 6:00 p.m.Municipal C enter Informal Parks & Recreation Advisory C ommittee Meeting T hur./Mar. 5 7:00 p.m.Municipal C enter Regular Parks & Recreation Advisory C ommittee Meeting Mar. 8-11 Washington D.C .National League of Cities C ongressional C ity Conference B AC K G RO UND : Each event is hereby deemed a Special Meeting of the C ity C ouncil, the purpose being informational or social gathering. Only events marked with an asterisk (*) will any action of the Council take place. B UD G E T I M PAC T: N/A