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Home My WebLink About11/21/2017 Meeting M eeting L ocation: M unicipal C enter 7100 147th S treet West Apple Valley, M innesota 55124 Nov ember 21, 2017 The "32nd Annual H oliday Tree Lighting C eremony" will be held prior to the C ouncil Meeting, at 6:15 p.m. at the Municipal C enter. Everyone is invited to join in caroling and partake of cookies and cider bef ore the meeting. 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 November 9, 2017, Regular Meeting B.A pprove Various Fees for 2018 1. Redwood Pool and A pple Valley Family Aquatic C enter 2. Sports Arena and Hayes Park Arena 3. Valleywood Golf C ourse C .D irect Urban Affairs A dvisory C ommittee to Research and Plan the C ity's 50th Anniversary C elebration D.A pprove Participation in the 2020 C ensus Local Update of C ensus A ddresses (LUC A) E.A pprove Reduction of Various Financial Guarantees F.A ccept First Reading of O rdinance Amending C hapter 152 of the City C ode, Regulating Natural Resources Management G.A pprove J oint Powers A greement with Dakota C ounty and the C ities of A pple Valley, Burnsville, Eagan and Lakeville d/b/a Dakota Valley Recycling for 2018 Waste Abatement C ommunity Funding H.A dopt Resolution Setting Public Hearing at 7:00 p.m. on December 28, 2017, for Vacation of Easements on Lot 1, Block 9, and Lots 1 and 2, Block 10, Legacy of A pple Valley North I.A dopt Resolution Approving 693 Sq. Ft. Variance of Accessory Structure Maximum Size for Ground Mounted Solar Array on Lot 5, Block 1, Beckman's First Addition (4675 120th Street W.) J .Valley Oaks Estates Variances 1. Adopt Resolution Approving 10 Ft. Front Setback Variance on Lot 6, Block 2, Valley O aks Estates 2. Adopt Resolution Approving 10 Ft. Front Setback Variance on Lot 7, Block 2, Valley O aks Estates K.A dopt Resolution Rejecting Bids for Project 2017-110, 2017 Utility Improvements L.A pprove Sub-Recipient A greement with Dakota C ounty C ommunity D evelopment Agency (C D A) for C ommunity Development Block Grant (C D BG) for Fiscal Years 2017-2019 M.A pprove Agreement with Keys Well Drilling Company, for Project 2017-188, Well Pumps 8, 12, and Low Zone Pump 3 Maintenance N.A pprove Agreement with RMR Services, LLC, for Project 2018-107, 2018 Water Meter Reading Services O.A pprove Change Order No. 1 to Agreement with Vision Woodworking, Inc., for Municipal C enter C ountertop Replacement Project P.A pprove 2018-2019 Labor Agreement with LELS Local No. 243 Q.A dopt Resolution Amending Personnel Policies Manual R.A pprove Personnel Report S.A pprove Claims and Bills T.Set Special Informal C ity C ouncil Meeting on November 30, 2017, at 3:00 p.m. U.A pprove the Springs at A pple Valley Termination and Release of D evelopment Agreement 5.Regular Agenda Items A.Renewal of On-Sale Liquor and Wine Licenses for 2018 1. Hold Public Hearing on On-Sale Licenses 2. Adopt Resolutions A pproving Renewals of Intoxicating Liquor and Wine Licenses, Subject to C ompletion of Submissions B.Expenditure of Sale Proceeds for Bond-Financed Projects (Ecumen Seasons and T he Centennial House) 1. Hold Public Hearing 2. Adopt Resolution Approving Expenditure of Sale Proceeds for Projects in Apple Valley C .A dopt Resolution Appointing Member to Fill Vacancy on Telecommunications Advisory C ommittee with Term Expiring March 1, 2018 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Reminder: C ity Of f ices are closed Thursday and Friday, N ovember 23 and 24, 2017, in observance of Thanksgiving Holiday 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 !"" 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""',("##3 #''!"#"& "&3''"2")'A""#). %1 @ 5++!#"''!"#"& / +#'"& 1 D! , -((% % % . /$ 01 2 %$('%$ , % % $% 31 4%%"( $ " I T E M: 4.A . C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A pprove Minutes of November 9, 2017, 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 November 9, 2017. 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 November 9, 2017 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 9, 2017, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Police Chief Rechtzigel, Public Works Director Saam, Planner/Econ. Dev. Specialist Sharpe, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, 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 Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Hooppaw, approving the minutes of the regular meeting of October 26, 2017, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-164 accepting, with thanks, the donation of an Automated External Defibrillator (AED) and two cases from MN NHL Alumni Association and the Patrick CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2017 Page 2 Schoonover Heart Foundation for use by Parks and Recreation Department. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving a change in officer for Blazin Wings, Inc., d/b/a Buffalo Wild Wings, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14658 Cedar Avenue, Ste. D, naming Alexander Hopper Ware as CFO, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving a change in manager for Blazin Wings, Inc., d/b/a Buffalo Wild Wings, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14658 Cedar Avenue, Ste. D, naming Joshua Taylor Bauer as General Manager, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving a change in manager for DDJ Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 15668 Pilot Knob Road, naming Jacob Lloyd Moe as General Manager, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-165 of support for a funding application to the Local Road Improvement Program for Project 2017-109, Johnny Cake Ridge Road Improvements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Amended and Restated Proof of Parking Agreement for Lot 1, Block 1, Cub Foods 2nd Addition, as attached to the City Planner’s memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the agreement for Police Lobby Front Desk with Fendler Patterson Construction, Inc., in the amount of $26,748.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, accepting City of Apple Valley Data Center Cooling Project Phase 2, as complete and authorizing final payment on the agreement with Kraft Contracting, LLC, in the amount of $33,700.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving hiring the part-time employees, retirement of employee, and resignation of employee, as listed in the Personnel Report dated November 9, 2017. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2017 Page 3 MOTION: of Grendahl, seconded by Hooppaw, approving the claims and bills, check registers dated October 18, 2017, in the amount of $1,202,801.59, and October 25, 2017, in the amount of $1,021,342.61. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA SUPER WORLD BUFFET ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE Ms. Gackstetter reviewed the application by Super World, Inc., d/b/a Super World Buffet for On- Sale 3.2 Percent Malt Liquor license as described in her memo. She noted receipt of the affidavit of publication of the hearing notice. The restaurant is located at 15050 Cedar Avenue, Ste. 111. She stated the Police and Fire Departments completed the necessary background and site investigations and found no reason the license could not be authorized at this time. Mayor Hamann-Roland called the public hearing to order at 7:05 p.m. to consider the application of Super World, Inc., d/b/a Super World Buffet, for On-Sale 3.2 Percent Malt Liquor license. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:06 p.m. MOTION: of Goodwin, seconded by Bergman, approving issuance of a 2017 On-Sale 3.2 Percent Malt Liquor license to Super World, Inc., d/b/a Super World Buffet, for premises located at 15050 Cedar Avenue, Ste. 111. Ayes - 5 - Nays - 0. APPLE VALLEY WASATCH Mr. Sharpe reviewed the request by Wasatch Storage Partners, LLC, for approval of a preliminary plat of Apple Valley Wasatch and a site plan/building permit authorization to construct an 804-unit self-storage facility. The property is located on the northeast corner of Upper 147th Street W. and Johnny Cake Ridge Road. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-166 approving the preliminary plat of Apple Valley Wasatch Addition, with one lot and three outlots, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2017-167 approving the site plan and authorizing issuance of a building permit for construction of an 804-unit self-storage facility on Lot 1, Block 1, Apple Valley Wasatch Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION Mr. Lovelace reviewed the request by Hempel Companies and South Shore Development, Inc., for approval of an ordinance amendment to allow for a second Class II restaurant with drive- CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2017 Page 4 through window service in PD-703/Zone 6, a subdivision by preliminary plat of Outlot A, Cobblestone Lake South Shore 9th Addition, into two lots, and a site plan/building permit authorization to construct an 8,148-square-foot retail building on Lot 1, Block 1, Cobblestone Lake South Shore 9th Addition. The property is located on the southeast corner of 157th Street W. and Emperor Avenue. On November 1, 2017, the Planning voted unanimously to recommend approval. Discussion followed. MOTION: of Hooppaw, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1035 amending Appendix F of the City Code by Amending Article A28 to allow for two Class II Restaurants with drive-through windows in Zone 6 of Planned Development No. 703, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin seconded by Bergman, adopting Resolution No. 2017-168 approving the subdivision by preliminary plat of Cobblestone Lake South Shore 9th Addition, into two lots, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-169 approving the site plan and authorizing issuance of a building permit for construction of an 8,148-square-foot retail building on Lot 1, Block 1, Cobblestone Lake South Shore 9th Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Ben Kryznack, of Hempel Companies, commented on the project. COMMUNICATIONS Mr. Lawell reminded citizens that applications are being accepted through December 15, 2017, to fill the Urban Affairs Advisory Committee vacancy. He also noted Veteran’s Day is tomorrow and City offices will be closed. Beginning at 8:15 a.m. tomorrow, Apple Valley High School is hosting a special event for veterans, members of the armed forces, and their families. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 7:26 o’clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2017 Page 5 Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on . Mary Hamann-Roland, Mayor I T E M: 4.B . C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A pprove Various F ees for 2018 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: Approve 2018 fees for Redwood Pool and Apple Valley Family Aquatic Center, Sports Arena and Hayes Park Arena, and Valleywood Golf C ourse as presented and grant Parks and Recreation Director or designee the latitude to adjust the fees for promotions. S UM M ARY: T he Parks and Recreation Advisory Committee has reviewed the proposed 2018 Fee Schedules for A quatics, Arenas, and G olf Course. T he Committee recommended approval of all fees as presented. B AC K G RO UND : T he Parks and Recreation Advisory Committee reviewed the proposed 2018 Aquatics, Arenas and Golf Course Fee Schedules at their November 2, 2017, meeting. As in previous years, the C ommittee suggested the Parks and Recreation Director or designee continue to be allowed latitude to adjust fees for promotional rates as needed to be market competitive and enhance revenue. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Exhibit I T E M: 4.C. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: Direct Urban A f f airs A dvisory C ommittee to Research and P lan the C ity's 50th A nniversary Celebration 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: Consistent with the C ouncil's conversation that occurred at the informal workshop meeting held on November 9, 2017, the Urban A ffairs Advisory C ommittee is requested to research and plan for the C ity's 50th Anniversary C elebration. S UM M ARY: T he seven-member Urban Affairs Advisory C ommittee is responsible for subjects of a general nature not within the scope of activities of other commissions or committees. T he committee is project orientated and works on topics assigned by the City C ouncil. It is the City C ouncil's wish that the committee research and plan for the C ity's 50th Anniversary Celebration. B AC K G RO UND : We are approaching the 50th Anniversary of the establishment of Apple Valley. T his "Golden Anniversary" is worthy of recognition and will require some advance planning and the C ity C ouncil has expressed its desire to have the Urban A ffairs Advisory C ommittee spearhead this effort. Planning for the celebration is expected in occur in 2018 with the City's 50th A nniversary being observed throughout 2019. B UD G E T I M PAC T: None at this time. Depending on what events and activities are ultimately planned and what revenue sources are identified, there may be budget impacts at a later date. I T E M: 4.D. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A pprove P articipation in the 2020 Census L ocal Update of Census A ddresses (L UC A) S taff Contact: A lex Sharpe, P lanner and E conomic Dev. S pec. D epartment / Division: C ommunity D evelopment Department AC T I O N RE Q UE S T E D: 1. Approve participation in the 2020 local update of census addresses (LUC A). 2. Authorize the Mayor to sign registration forms as the highest elected official. 3. Authorize the C ity C lerk to sign registration forms as the LUC A liaison responsible for protecting the confidential C ensus Bureau materials. S UM M ARY: Every ten years the U.S. Census Bureau conducts a census of the United States. Efforts are currently underway for the 2020 census process. To ensure accuracy of the results the Census Bureau invites local governing units to participate. To participate, the Mayor and City C lerk are requested to sign required documents. T he City of Apple Valley wishes to participate in this important endeavor. T his year, staff is electing to participate through online review. C ommunity Development staff members Bruce Nordquist, Tom Lovelace, and Alex Sharpe will serve as "reviewers and persons with access to confidential materials". C ommunity Development staff are then administering required preparations for the census to be conducted. 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: Exhibit Exhibit I T E M: 4.E . C O UNC I L ME E T I NG D AT E:November 21, 2017 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 release and 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.Springs at Apple Valley (PC 14-40-P ZS B) LO C IS0301852U O riginal Deposit on 5/26/15 $800,000.00 Reduce now to $0.00 2.Quarry Ponds Fourth Addition (PC 15-47-ZS) LO C #1109185 O riginal Deposit on 9/30/16 $693,493.00 Reduced 11/22/16 to $343,493.00 Reduced 12/22/16 to $190,407.00 Reduced 7/13/17 to $125,768.70 Reduce now to $14,600.00 3.Embry Place Second Addition (PC 15-46-F) LO C No. 139 O riginal Deposit on 7/26/16 $1,224,185.00 Reduced 12/8/16 to $374,185.00 Reduced 12/22/16 to $196,250.00 Reduced 8/24/17 to $65,000.00 Reduce now to $27,600.00 4.Embry Place T hird Addition (PC 17-04-F) LO C No. 141 O riginal Deposit on 4/25/17 $505,281.00 Reduced 8/24/17 to $113,688.00 Reduce now to $9,500.00 5.C obblestone Lake North Shore (PC 14-30-P ZS) LO C #288 O riginal Deposit on 12/24/14 $22,000.00 Reduced 12/22/15 to $7,200.00 Reduced 11/22/16 to $3,600.00 Reduce now to $0.00 6.C obblestone Lake North Shore (PC 14-30-P ZS) LO C #286 O riginal Deposit on 10/31/14 $294,000.00 Reduced 1/8/15 to $80,800.00 Reduced 12/22/15 to $20,000.00 Reduced 11/22/16 to $5,000.00 Reduce now to $0.00 7.C obblestone Lake North Shore 2nd Addition (PC 15-35-P ZS) LO C #IS0432344U O riginal Deposit on 6/15/16 $749,015.00 Reduced 11/22/16 to $349,015.00 Reduced 3/23/17 to $100,000.00 Reduce now to $22,700.00 B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 4.F. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A ccept First Reading of Ordinance Amending Chapter 152 of the C ity C ode, R egulating Natural Resources Management S taff Contact: J essica Schaum, Natural Resources Coordinator D epartment / D ivision: Natural R esources Division AC T I O N RE Q UE S T E D: Accept first reading of an ordinance amending Sections 152.22 and 152.24 of the City C ode regulating Natural Resources Management Final As-Built Grade Plans and Security. S UM M ARY: T he Natural Resources Management C hapter is proposed to be amended to remove an exemption for existing residential properties from financial securities. Amending the C ode will allow the C ity to collect a small financial security with qualifying residential improvement projects to guarantee compliance with the approved plan. B AC K G RO UND : Residential properties with existing homes are currently permitted to alter their properties with retaining walls, landscaping or other improvement projects with a Natural Resources Management Permit. A permit fee is charged; however, the C ity does not collect an escrow or security. Section 152.24 as proposed allows the City to collect a financial security ($250) to ensure all permit requirements are met and the project is completed in a timely manner. T he $250 is a minimum amount for all residential projects. T he City may collect additional escrow dollars for projects where significant natural features could be impacted, such as lakeshore properties or nearby wetlands. An additional $1,000 escrow is proposed for projects significantly altering drainage or grading. T his additional escrow is for sites where a post-construction, as-built survey would be required. Upon completion of the project and/or submission of an updated as-built survey, the escrows will be returned administratively. T he Escrow Fees will be referenced in the Fee Schedule. B UD G E T I M PAC T: Any escrows collected shall be returned upon completion of the project. No budget impact. AT TAC HM E NT S: Ordinance CITY OF APPLE VALLEY ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 152 OF THE CITY CODE ENTITLED "NATURAL RESOURCES MANAGEMENT" REGARDING FINAL AS-BUILT PLANS AND PERFORMANCE SECURITY The City Council of Apple Valley ordains: Section 1. Chapter 152 of the Apple Valley City Code is amended by revising Section 152.22 to read as follows: § 152.22 FINAL “AS-BUILT” GRADE PLAN. Upon completion of the construction or grading all activity and work under a NRMP permit of any subdivision project, any project of five or more acres or any project approved through City Council action, an “as-built” grading plan shall be prepared and filed with the City, unless the Public Works Director determines the activity under the NRMP permit does not require an “as-built” grading plan required. The “as-built” grading plan shall depict the actual field grade conditions of the subject property and depict any changes from the original grading plan submitted to and approved by the city or as existed prior to any work or activity under the NRMP permit. If building permits are requested prior to completion of the “as-built” grading plan, “as-built” grading plans shall be required for the individual lots associated with those building permits. All “as-built” grading plans shall be certified by a registered civil engineer and submitted to the city in a format as required by the city. The City Engineer shall review all final “as-built” grading plans and if determined the grading does not meet city drainage standards, the permit holder and property owner shall be required to correct all grades on the property subject to the City Engineer’s approval. Section 2. Chapter 152 of the Apple Valley City Code is amended by revising Section 152.24 (A) and (B) to read as follows: § 152.24 SECURITY. (A) Security required. The applicant shall provide security for the performance of its obligations pursuant to this chapter. The security shall be in a form required by the city, including, letter of credit, cash or escrow deposit and all in a form and substance that shall save the city free and harmless from any and all actions, claims, suits or liability as a result of the applicant’s performance of work under or in connection with its NRMP. This security, running to the city, shall be conditioned to pay the city for any cost and expense incurred by the city in bringing the subject property into compliance with the approved natural resources management plan, and/or the cost and expense of repairing any highways, streets or other public ways within the city, made necessary by the special burden resulting from the hauling and transporting thereon by the applicant in the removal or placement of rock, dirt, sand, gravel, clay or other like 2 material. The city’s costs and expenses shall include any engineering, legal or administrative expenses. This section shall not apply to an applicant who is performing new construction or any project activities, which this chapter regulates and disturbs an area of less than one acre in size on an existing individual lot or parcel on which a one-family or two-family residential use is permitted and the construction or activity is not in connection with a new development. This security exemption shall not apply if it is determined that there is a strong potential for environmental degradation. (B) Amount of security. The amount of security shall be 125% of the estimated cost to accomplish compliance with the approved natural resources management plan or $2,000, whichever is greater, in addition to any other security performance required by any other regulation in this code. The estimated cost shall be subject to approval by the city. Notwithstanding the foregoing, the amount of security for projects that disturb an area of less than one acre in size on an individual lot or parcel on which a one-family or two-family dwelling exists and will remain to exist under the permit shall be in the amount(s) as duly adopted by Council resolution. Section 3. Effective Date. This ordinance shall take effect January 1, 2018. PASSED by the City Council this ___ day of ______________, 2017. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 4.G. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A pprove J oint P owers A greement with Dakota C ounty and the Cities of Apple Valley, B urnsville, E agan and L akeville d/b/a D akota Valley Recycling for 2018 Waste A batement Community F unding 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 J oint Powers Agreement between the C ounty of Dakota and the C ities of A pple Valley, Burnsville, Eagan and Lakeville D BA Dakota Valley Recycling for 2018 Waste Abatement C ommunity Funding. S UM M ARY: In 2003, the City began joint services with the C ities of Burnsville and Eagan to provide recycling. T he agreement was expanded to included Lakeville in 2016. T his agreement allows the four cities to share staff dedicated to the recycling mission, while alleviating C ity staff in other departments from recycling duties so that they can focus on other issues. Staff believes the joint effort yields a more efficient and cost-effective recycling operation. Burnsville employees provide the services for Apple Valley, Eagan and Lakeville, answering residents’ questions about recycling and disposal and working with each city to reduce waste, reduce contamination of recyclables, and increase environmentally preferable purchases. B AC K G RO UND : Dakota C ounty provides funding to cities to promote and operate Waste Abatement (Recycling) Programs. In previous years, the C ounty requested cities adopt resolutions supporting grant applications. For 2018, the C ounty is requesting this process be done through joint powers agreements with the C ounty. T he C ity Attorney has reviewed the agreement and noted that the signature block should be changed to individual City signatures instead of the Dakota Valley Recycling staff. Staff recommends the Council approve the attached joint powers agreement, or something substantially similar subject to the approval of the C ity Attorney, providing up to $247,416.00 from Dakota County to operate a joint Recycling Program for the C ities of Apple Valley, Burnsville, Eagan, and Lakeville. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Agreement Dakota County Contract #C0029660 Page | 1 of 11 Joint Powers Agreement JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITIES OF APPLE VALLEY, BURNSVILLE, EAGAN, AND LAKEVILLE DBA DAKOTA VALLEY RECYCLING FOR 2018 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between the County of Dakota (County) and the Cities of Apple Valley, Burnsville, Eagan, and Lakeville dba Dakota Valley Recycling (Municipality). WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the County and the Municipality are governmental units as that term is defined in Minn. Stat. § 471.59; and WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551); and WHEREAS, counties may require local cities and townships to develop and implement programs, practices, or methods designed to meet waste abatement goals (Minn. Stat. §115A.551); and WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and WHEREAS; by Resolution 12-154 (March 27, 2012), the Master Plan was adopted by the County Board of Commissioners, and was subsequently approved by the Minnesota Pollution Control Agency on May 24, 2012; and WHEREAS, the Master Plan includes multiple strategies to enhance and leverage resources to help the County meet waste management objectives; and WHEREAS, the Master Plan supports performance-based funding for Municipalities to develop and implement waste abatement programs, education, and outreach; and WHEREAS, community funding and waste tire activity amounts are established by the County Board each year as part of the Environmental Resources Department (Department) budget; and WHEREAS, by Board Resolution 17-490, the County Board approved municipality 2018 community funding allocations as presented to the Physical Development Committee of the Whole on September 19, 2017, contingent upon the availability of funds and subject to funding levels approved by the County Board as part of the 2018 Department budget; and WHEREAS, the Program responsibilities for municipality include ensuring recycling best practices are followed at public facilities; increasing residential waste reuse and recycling through materials collection; implementing recycling at large events; providing education and outreach to residents; increasing organics recycling; and supporting County-led efforts for Master Plan implementation; and WHEREAS, County responsibilities include providing technical assistance, container labels, and waste educational messages and images; maintaining waste management information on the County website; hosting Master Recycler/Composter classes; and providing best practices strategies and resources for waste diversion measurement, events/festivals, and the food waste prevention and organics diversion priority issue; and Dakota County Contract #C0029660 Page | 2 of 11 Joint Powers Agreement WHEREAS, separate Joint Powers Agreements with municipalities, or entities acting on their behalf, identify municipality and County responsibilities and fund allocations. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and Municipality shall derive from this Agreement, the County and Municipality hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to provide for cooperation and funding between the County and the Municipality for the implementation and operation of a local comprehensive landfill abatement program by the Municipality in accordance with this Joint Powers Agreement and the 2018 Dakota County Community Funding Application Packet (attached and incorporated herein as Exhibit 1) that is submitted by the Municipality. SECTION 2 PARTIES The parties to this Agreement are the County of Dakota (County), Minnesota and the Cities of Apple Valley, Burnsville, Eagan, and Lakeville dba Dakota Valley Recycling (Municipality), collectively referred to as the “Parties”. SECTION 3 TERM Notwithstanding the dates of the signatures of the Parties, this Agreement shall be in effect January 1, 2018, and shall continue in effect until December 31, 2018, or until termination in accordance with the provisions herein. This Agreement may be amended in accordance with Section 12 and incorporation of subsequent years’ approved funding Application Packet. SECTION 4 COOPERATION The County and the Municipality agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 5 PROGRAM 5.1 PROGRAM PURPOSE. The Dakota County Board of Commissioners adopted the 2012-2030 Solid Waste Master Plan (Master Plan) on March 27, 2012, as required, to implement the Minnesota Pollution Control Agency’s (MPCA) 2010-2030 Metropolitan Solid Waste Management Policy Plan. The Master Plan identifies performance-based funding for Municipalities to develop and implement waste abatement programs, education, and outreach. The Community Funding Program purpose includes: ensure that residents, businesses and public entities have the opportunity to recycle; and to develop, implement, and maintain projects, programs, practices, and methods to meet waste abatement objectives. The Community Funding Program supports the County’s efforts for broad-based education and implementation of local programs and projects for waste reduction, reuse, recycling, hazardous waste management, and organics diversion. 5.2 ELIGIBILITY. Eligible Municipalities include all cities in Dakota County and the Rural Solid Waste Commission (RSWC) representing the 13 townships and six small cities in rural Dakota County. Dakota County Contract #C0029660 Page | 3 of 11 Joint Powers Agreement 5.3 ANNUAL APPLICATION, WORK PLAN AND BUDGET. Annually, each Municipality shall submit an Application Packet that includes the annual Work Plan and budget breakdown for each funding activity to the County by the due date specified in writing by the County and on forms provided by County staff. 5.4 IMPLEM ENTATION. The Municipality shall develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance 110 and Exhibit 1. 5.5 RECYCLING. Municipalities must ensure the opportunity to recycle exists for all municipal employees, residents and businesses, including at municipality-controlled public areas such as parks, community centers, and city-sponsored events/festivals; must develop and implement programs to increase residential recycling and organics diversion; and must continue planning to implement community-wide organics diversion. 5.6 PRIORITY ISSUE PROGRAM. County staff, with input from Municipalities, develops a Priority Issue Program to accomplish during the multi-year Master Plan reporting cycle. The 2017-2020 Priority Issue is organics diversion. The 2018 Priority Issue focus is on residential food waste prevention education, implementing organics diversion from 2016-2017 planning results including (if applicable) implementation of organics diversion within municipally-owned/operated buildings, and continued progression for organics best practices and diversion at public facilities and events. The Priority Issue is subject to change pending Legislation or County strategic planning. 5.7 PERFORMANCE. Municipalities shall report their performance on a bimonthly basis pursuant to responsibilities set forth in Exhibit 1, using reporting tools provided by the County and providing documentation including vendor invoices for W ork Plan expenses covered by Program funding. County staff will notify the Municipality in writing if a Recycling Improvement Plan is needed. Within 30 days of notification, the Municipality shall submit a Recycling Improvement Plan signed by the Municipality’s authorized representative. The Recycling Improvement Plan must be negotiated with County staff and specify Municipality activities and a timeframe to achieve compliance. 5.8 ANNUAL REPORT. By January 31, 2019, the Municipality shall submit its Annual Report for the year 2018, on the form prescribed by County staff. The Annual Report must be signed by the authorized representative for this JPA. 5.9 AUDIT. County staff may audit one or more buildings operated by the Municipality through a waste sort or other means of waste assessment. This data will be used by the Municipality and County to gauge how successful the waste management program is, which will influence the Work Plan. SECTION 6 FUNDING 6.1 FUNDING AMOUNT. Communities receive performance-based funding in part from pass-through grants from the State. Funding amounts are contingent upon available State and County funds, and reflect the funding levels presented to the County Board as part of the annual budget. The 2018 allocated funding for the Municipality, or entity acting on its behalf, shall be in the total amount not to exceed $247,416.00, as set forth in Exhibit 1. Dakota County Contract #C0029660 Page | 4 of 11 Joint Powers Agreement 6.2 FUNDING PAYMENT. Contingent upon approval by County staff of the Municipality’s Annual Report for the funding year 2017, the County will pay the Municipality the funding amount set forth in paragraph 6.1 above for 2018. Payment will be made in one installment within 30 days of approval of the Annual Report. Municipalities with a complete Application Packet and an approved Annual Report receive 100% payment of allocated funds for eligible expenses. 6.3 ELIGIBLE EXPENSES. Municipalities may use allocated funds only on eligible items as described below. Eligible expenses are for waste abatement projects/programs; education and outreach and priority issue activities; identified in Exhibit 1 and include: 6.3.1 Administration a) Salary and benefits of personnel, full-time and temporary, and consultant services while working directly on the planning, implementing, and promoting of eligible activities described in the Work Plan. b) Attending Local Solid Waste Staff meetings. c) Collecting data and preparing reports demonstrating Work Plan progress and measurements. d) Memberships and training necessary for eligible activities, not including out-of-state travel or lodging. e) Data collection and evaluation for effectiveness, efficiency, and responsiveness of landfill abatement activities. 6.3.2 Municipal Facility Recycling a) Containers necessary to implement best practices at municipality-controlled administrative buildings and public areas, including parks and community centers. b) Education materials for municipal employees and visitors, such as signs, trainings and mass communication. 6.3.3 Waste Abatement Activities a) Advertising to promote city-sponsored activities to accept recyclable or reusable materials from residents. b) Collection and management of paper to be shredded and recycled. c) Collection and management of mattresses, bicycles, and carpet for reuse or recycling. d) Collection and hauling services related to traditional recycling at municipality-sponsored or community events/festivals conducted in partnership with the Municipality to implement best management practices. e) Design and implementation of projects and programs to enhance residential, park and public area recycling. 6.3.4 Residential Outreach and Education a) Production and dissemination of education information to increase awareness and participation in residential recycling programs. b) Newsletter layout services for education on residential recycling and household hazardous waste. c) County-approved landfill abatement promotional items up to $500. 6.3.5 Priority Issue: Organics Diversion a) Production and dissemination of education information to increase awareness and participation in residential organics programs. b) Collection, hauling services and compostable bags necessary to implement organics diversion at community events/festivals conducted in partnership with the Municipality. c) Containers and compostable bags necessary to implement organics diversion in the municipality- owned/operated building recommended for organics diversion in the 2017 waste sort report. d) Compostable bags that are needed to support organics collection at a municipality-sponsored or community event/festival. Dakota County Contract #C0029660 Page | 5 of 11 Joint Powers Agreement e) Planning future organics diversion in one or more municipality-owned buildings that are the largest organics generators (e.g., community centers). 6.3.6 Solid Waste Master Plan a) Supporting County-led efforts to implement the Master Plan. b) Implementing one or more city priority projects to support Master Plan priorities as identified in the Work Plan. 6.3.7 Non-eligible expenses include: a) Expenses related to non-waste abatement waste issues (e.g., energy, water) b) Waste collection, transportation or management (i.e., reuse, recycle, resource recovery, land disposal) of waste under the municipality’s control. c) Food or refreshments, unless approved by County staff as compliant with Dakota County Policy 1560. d) Payment for collection and management of items that are banned from the landfill (e.g. appliances, hazardous waste, electronics, yard waste).Other expenses may be eligible with prior written approval from County staff. e) Costs exceeding $500 in the funding year for promotional items used to implement waste abatement programs. 6.4 FUNDING PAYMENT AND WORK PLAN ADJUSTMENTS. The Dakota County Environmental Resources Director (Director) shall have the authority to approve modifications to the Funding Amount as requested by the Municipality in the Application Packet, as long as the amount payable under this Agreement does not exceed the amount approved by the Dakota County Board of Commissioners and so long as the proposed modifications are consistent with Exhibit 1. The Municipality must expend the community fund by the end of the calendar year, unless prior written approval is received from the Director. Municipalities must return unspent funds (the difference between the amount of funds provided and the amount a Municipality reports as expended), must return funds if expenditures or activities are determined by County staff as not consistent with Exhibit 1, and must return funds if County staff determines performance has not been remedied as identified in the Recycling Improvement Plan pursuant to Section 5.7. If the Municipality fails to fulfill responsibilities, the County may choose to implement activities in the municipality and may recover costs in accordance with Dakota County Solid Waste Ordinance 110. The Director shall have the authority to approve modifications to the Work Plan as requested by the Municipality, as long as the Work Plan modifications do not cause the amount payable under this Agreement to exceed the amount approved by the County Board and are consistent with Exhibit 1. Only Work Plan modifications approved by the Director are an eligible expense. Approved Work Plan modifications to reduce or eliminate activities requires the return of related unspent funds. 6.5 FUNDING PAYMENT DEDICATED ACCOUNT. Municipalities must deposit and maintain funds in a dedicated bank account. Program funds are prohibited from being commingled with any other funds or used for non-approved activities. SECTION 7 RESPONSIBILITIES OF THE PARTIES The Municipality shall fulfill the following responsibilities under this Agreement and as described in Exhibit 1. Use County-developed resources for all required residential education; submit all outreach materials to County staff at least three business days before publication for review; and provide funding source credit on all print materials: Partially funded by the Minnesota Pollution Control Agency and Dakota County" Dakota County Contract #C0029660 Page | 6 of 11 Joint Powers Agreement SECTION 8 PROPERTY Upon termination of this Agreement, any containers, labels and/or necessary infrastructure purchased by the County and provided to the Municipality shall be the sole property of the Municipality. SECTION 9 INDEMNIFICATION 9.1 IN GENERAL. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. 9.2 LIMITATIONS. The provisions of Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the Municipality 9.3 SURVIVORSHIP. The provisions of this Section shall survive the expiration or termination of this Agreement. SECTION 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES: The following named persons are designated the Authorized Representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. TO THE COUNTY Georg T. Fischer, Director Environmental Resources Department Director Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE MUNICIPALITY Sue Bast 13713 Frontier Court Burnsville, MN 55337 In addition, notification to the County regarding termination under Section 11 of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. 10.2 LIAISONS. To assist the Parties in the day-to-day performance of this Agreement, to ensure compliance, and provide ongoing consultation, a liaison shall be designated by the County and the Municipality. The County and the Municipality shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: Gena Gerard Telephone: (952) 891-7021 Email: gena.gerard@co.dakota.mn.us Dakota County Contract #C0029660 Page | 7 of 11 Joint Powers Agreement Municipality Liaison: Sue Bast Telephone: (952) 895-4524 Email: Sue.Bast@ci.burnsville.mn.us SECTION 11 TERMINATION 11.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving thirty (30) days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 11.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the Municipality by email or facsimile is sufficient notice under this section. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 12 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties’ respective Boards, and signed by the Authorized Representatives of the County and the Municipality. SECTION 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. SECTION 14 MERGER This Agreement is the final expression of the Agreement of the Parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. SECTION 15 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. Dakota County Contract #C0029660 Page | 8 of 11 Joint Powers Agreement IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below. COUNTY OF DAKOTA COUNTY _ _ Georg T. Fischer, Director Environmental Resources Department Date of Signature: _ _ CITY OF BURNSVILLE _ _ APPROVED AS TO FORM: /s/Helen R. Brosnahan 11/2/17 Assistant Dakota County Attorney/Date KS-17-422-009 Resolution Number: 17-490 Elizabeth B. Kautz, Mayor Date of Signature: _ _________________________________ Heather A. Johnston, City Manager Date of Signature: __________________ Dakota County Contract #C0029660 Page | 9 of 11 Joint Powers Agreement CITY OF APPLE VALLEY _________________________________ Mary Hamann-Roland, Mayor Date of Signature: ________________ Attest ____________________________ Date of Signature: __________________ Pamela J. Gackstetter, City Clerk Dakota County Contract #C0029660 Page | 10 of 11 Joint Powers Agreement CITY OF EAGAN _________________________________ Mike Maguire, Mayor Date of Signature: ________________ Attest ____________________________ _____________________________(title) Date of Signature: __________________ Dakota County Contract #C0029660 Page | 11 of 11 Joint Powers Agreement CITY OF LAKEVILLE _________________________________ Douglas P. Anderson, Mayor Date of Signature: ________________ Attest ____________________________ _____________________________(title) Date of Signature: __________________ I T E M: 4.H. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution S etting Public Hearing at 7:00 p.m. on December 28, 2017, for Vacation of E asements on L ot 1, Block 9, and L ots 1 and 2, B lock 10, L egacy of A pple Valley North S taff Contact: K athy Bodmer, P lanner D epartment / Division: C ommunity D evelopment Department Applicant: B igos Management, B igos-Fortino, L L C and I MH Special A sset 175-AV N L L C P roject Number: P C17-16-Z B Applicant Date: 9/21/2017 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Adopt resolution setting public hearing at 7:00 p.m. on December 28, 2017, for vacation of drainage and utility easements on Lot 1, Block 9, and Lots 1 and 2, Block 10, Legacy of Apple Valley N orth. S UM M ARY: T he C ity C ouncil is requested to set a public hearing to consider vacation of drainage and utility easements on three parcels immediately south of Kelley Park. Bigos Management, Bigos-Fortino LLC , and IMH Special Asset 175-AVN LLC have submitted a land use application for amendments to PD -739 and site plan review/building permit authorization for construction of apartments on Lot 1, Block 9 and Lots 1 and 2, Block 10, Legacy of A pple Valley North. T he plans show construction of a 61-unit building on Block 9 and a 114-unit building on Block 10. Bigos Management requests consideration of the vacation in order to accommodate their proposed development. T he infiltration basins were designed to provide regional storm water storage and infiltration for the 26-acre Parkside Village Area. T he petitioners plan to reconstruct and reconfigure the storm water infiltration areas on the three lots in connection with their current development proposal under review by the Planning C ommission. T he development plans propose relocating the existing infiltration basin on Block 9. A second surface basin and an underground holding structure are proposed to be added to Block 9. T he infiltration basin on Block 10 is proposed to stay in its current location, but may be reshaped to better fit the development layout. New easements would be dedicated over the new drainage areas. T he C ity Engineer is reviewing the development proposal and will work with the petitioner's engineer on the technical issues. T he Engineer states that the two ponds are part of the City's regional storm water system. He states that the City will need to ensure that any changes made to the two retention areas will not impact their ability to function as part of the City's regional storm water management system. 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: L ocation Map R esolution Exhibit Exhibit Exhibit Site P lan HILLCREST ACRES O R C H A R D P O IN T HARALSONAPARTMENTSFRESCOTERRACE L E G A C Y S Q U A R E T O W N H O M E S THE SEASONSAT APPLE VALLEY Block 9 Block 10 Parkside Village Gabella Parkside Village GalanteKelley Park CVS ABRA FORD PARK PARK REMAX APT'S 4,960 6,200 3,972 4,538 4,057 7,513 4,693 TRUCK SHOPS HOTEL ENJOY! 25,600 12,900 12,600 25,58816,340 15,440 17,00034,690 37,000 15,435 17,700 11,685 16,000 11,070 30,000 10,207 CENTER LEGACY 20,344 45,050 20,440 11,000 KELLEY LEGACY GALAXIE LIBRARY COMMONS 114,840 GALAXIE MARATHON FRONTIER CULVER'S HARALSON KWIK TRIP HILLCREST OFF. BLDG GRANDSTAY HOME DEPOT LA FITNESS HILLCREST 2ND HILLCREST 3RDSERVICE CENTER DEA SUBSTATION PUBLIC STORAGE HARALSON BLDG. U-HAUL STORAGE MINNESOTA AUTO MAJOR'S SPORTS CAFE 150TH ST W 153RD ST WGALAXIE AVEFOLIAGE AVE151ST S T W 152ND ST W FORTINO ST 154TH ST W FOUNDERS LNGALANTE LNGABELLA ST FLO W ER W AYFONTANA TRLFROST PATHGALLIVANT PLFLORIST CIR FOUNDERS LANE F O U N D E R S L N Dakota County GIS BIGOS KELLEY PARKPHASE III µ LOCATION MAP ^ CITY OF APPLE VALLEY RESOLUTION NO. 2017-___ A RESOLUTION SETTING A PUBLIC HEARING ON PROPOSED VACATION OF PUBLIC GROUNDS BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Clerk be, and hereby is, directed to schedule the public hearing specified in the notice attached hereto as Exhibit A and is further directed to cause said notice to be published for two weeks in the Apple Valley Sun Thisweek. The City Clerk is further directed to post copies of Exhibit A, pursuant to Minnesota Statutes Chapter 412.851, at least two weeks prior to the scheduled date of said hearing. ADOPTED this 21st day of November, 2017. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk EXHIBIT A NOTICE OF HEARING ON PROCEEDINGS FOR VACATION OF PUBLIC GROUNDS IN THE CITY OF APPLE VALLEY TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota County, Minnesota, will meet at the Municipal Building, 7100 West 147th Street, at 7:00 p.m., or as soon thereafter as possible, on Thursday, December 28, 2017, to consider the matter of vacation of the following described public grounds in the City of Apple Valley, pursuant to Minnesota Statutes 412.851: That part of the drainage and utility easement lying within Lot 1, Block 9, THE LEGACY OF APPLE VALLEY NORTH, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 1; thence easterly 54.31 feet along the north line of said Lot 1 being a non-tangential curve to the right having a radius of 4970.00 feet, a central angle of 0 degrees 37 minutes 34 seconds and a chord bearing of South 87 degrees 18 minutes 06 seconds East to the point of beginning; thence on a bearing of South a distance of 34.30 feet; thence North 80 degrees 27 minutes 55 seconds East a distance of 147.80 feet to the north line of said Lot 1; thence westerly along said north line to the point of beginning. Excepting therefrom the North 5 feet thereof. And All drainage and utility easements lying within Block 10, THE LEGACY OF APPLE VALLEY NORTH, according to the recorded plat thereof, Dakota County, Minnesota. Such persons as desire to be heard with reference to the proposal will be heard at this meeting. DATED this ____ day of ____________, 2017. __________________________________ Pamela J. Gackstetter, City Clerk Bigos Kelley Park Phase III Proposed Layout Vacation Exhibit New Surface Basin Relocated Surface Basin New Underground Structure Reshape Existing Basin I T E M: 4.I . C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving 693 Sq. F t. Variance of A ccessory S tructure Maximum Size for Ground Mounted Solar A rray on L ot 5, B lock 1, Beckman's First A ddition (4675 120th S treet W.) S taff Contact: A lex Sharpe, P lanner and E conomic Dev. S pec. D epartment / Division: C ommunity D evelopment Department Applicant: I ron R iver Construction P roject Number: P C17-27-V Applicant Date: 8/21/2017 60 Days: 10/20/2017 120 Days: 12/19/2017 AC T I O N RE Q UE S T E D: Adopt resolution approving a 693 sq. ft. variance to allow an approximately 813 sq. ft. ground mounted solar array which exceeds the maximum area of a permitted accessory structure on Lot 5, Block 1, Beckman's First Addition (4675 120th Street West). S UM M ARY: On November 1, 2017 the Planning C ommission unanimously recommended approval of the variance. All Energy Solar, on behalf of the property owner, T homas Beckman of 4675 120th St. W., has requested consideration of an accessory structure maximum sq. ft. variance to construct an approximately 813 sq. ft. ground mounted solar array. C ity code does not permit accessory structures to be greater than 750 sq. ft. in total size. T he 2030 C omprehensive Plan states that “T he C ity will encourage developments to make effective and appropriate use of renewable energy source”. T he C ity has encouraged the construction of renewable energy sources within the community. T he 2030 C omprehensive Plan further states that “T he C ity will evaluate methods of protecting access to renewable energy sources, including solar and wind that fit within existing land uses.” Due to the nature of the site being secluded, and heavily wooded, this array is in a unique position to have little impact on any neighboring properties. Staff is recommending approval of the variance due to the following practical difficulties. 1. A large portion of the solar array already exists on the roof of the home. T he array is being proposed to be moved to a ground mounted system due to continued damage occurring to the roof, and better access to solar light resources. 2. Minnesota Statute 462.357 Sub. 6 paragraph 2 details the requirements for a practical difficulty which includes “inadequate access to direct sunlight for solar energy systems”. Placing the solar array on the slope of the hill and southward facing provides better solar access than by placing the array on either the home or detached garage structures. 3. T he C ity has encouraged residents to incorporate renewable energy resources. 4. T his array will not impact adjacent properties with its size due to placing the array 1’ from the ground, following the slope of a hill. Placing the array on the slope of the hill decreases the chance that adjacent properties will be able to view or be impacted by the array. B AC K G RO UND : As stated in the summary section, a large portion of the proposed solar array currently exists on the roof of the home. However, the array is arranged on the north side of the roof due to the home construction. T he north side is far less efficient for solar access; the new array is proposed on a southward facing hillside. T he current array is also causing damage to the roof ’s shingles. Due to the lot being heavily wooded and the location of the solar array being approximately 220’ from the southern property line, it is very unlikely any other properties will be impacted. By placing the array on the slope of a hill the array is able to be approximately 1’ from the ground. T his further decreases the likelihood that a neighboring property will be able to view or be impacted by the solar array. City code allows for one larger accessory structure with a maximum size of 750 sq. ft. and one smaller structure with a maximum size of 120 sq. ft. T he existing detached garage was previously granted a variance to exceed the 750 sq. ft. maximum in 1993. T he variance application is sought to exceed the 120 sq. ft. maximum for an 813 sq. ft. array, or a 693 sq. ft. variance. T he C ity A ttorney has been consulted, hence the variance being requested as written. Staff reviews variance applications based strictly upon the requirements of the state statutes and the C ity C ode which require that the applicant establish that there are practical difficulties present in order for a variance to be granted, and that logical alternatives are not available. Definition of “Practical difficulties”: T he applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; T he plight of the applicant is due to circumstances unique to the property not created by the applicant; and T he variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical dif f iculties. In order to grant a variance, the C ity considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this C hapter: 1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; The wooded nature of the property, combined with a large hill allow f or the solar array to be more ef f iciently located on a ground mounted system than on existing structures. Additionally, the visual impact to adjacent properties is less likely due to the proximity of the array to the ground, verses on a roof top. 2. T he granting of the proposed variance will not be contrary to the intent of this chapter; The granting of the proposed variance is not contrary to the zoning chapter, and is consistent with the 2030 Comprehensive Plan goals. 3. T he special conditions or circumstances do not result from the actions of the owner/applicant; and; The wooded nature of the lot is not due to the owner or applicant. 4. T he granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and The granting of the variance will not merely serve as a convenience to the applicant, and will alleviate practical dif f iculties created by the inadequate access to solar energy if placed on the home. 5. T he variance requested is the minimum variance necessary to alleviate the practical difficulty. The variance requested allows f or the most ef f icient solar energy system. B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution Exhibit Area Map Z oning Map Site P lan Aerial Photo Elevations Plan S et CITY OF APPLE VALLEY RESOLUTION NO. 2017 - A RESOLUTION APPROVING A 693 SQ. FT. VARIANCE FOR ACCESSORY STRUCTURE MAXIMUM SIZE TO CONSTRUCT A GROUND MOUNTED SOLAR ARRAY AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted by the City Council from the literal provisions of the zoning regulations where practical difficulties exist which do not apply to the area in general; and WHEREAS, an application for a variance, (“PROJECT”), was submitted by All Energy Solar on behalf of the homeowner, Thomas Beckman(“ APPLICANT”), for property located at 4675 120th St. W and legally described as Lot 5, Block 1, Beckman’s First Addition (“PREMISES”); and WHEREAS, City Code §155.053 (B) limits the size and number of accessory structures on a residential lot where one accessory structure may be a maximum of 750 sq. ft. and the second may be a maximum of 120 sq. ft.; the PROJECT requests a variance to allow a solar array to exceed the 120 sq. ft. permitted for a second structure by 693 sq. ft. In total this would allow a 813 sq. ft. ground mounted solar array; and WHEREAS, the Apple Valley Planning Commission reviewed the PROJECT at its public meeting on November 1, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Council finds that the applicant established that the following practical difficulties exist on the property in accordance with the City’s zoning regulations: 1. A large portion of the solar array already exists on the roof of the home. The array is being proposed to be moved to a ground mounted system due to continued damage occurring to the roof, and better access to solar light resources. 2. Minnesota Statute 462.357 Sub. 6 paragraph 2 details the requirements for a practical difficulty which includes “inadequate access to direct sunlight for solar energy systems”. Placing the solar array on the slope of the hill and southward facing provides better solar access than by placing the array on either the home or detached garage structures. 3. The City has encouraged residents to incorporate renewable energy resources. 2 4. This array will not impact adjacent properties with its size due to placing the array 1’ from the ground, following the slope of a hill. Placing the array on the slope of the hill decreases the chance that adjacent properties will be able to view or be impacted by the array. BE IF FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a 693 sq. ft. variance to the maximum size of accessory structures to construct an 813 sq. ft. solar array hereby approved, subject to all applicable City Codes and standards, and the following conditions: 1. If the Building Permit fee is not paid and not issued within one (1) year of the date of approval, the variance approval shall lapse. 2. The variance shall be applicable to the property legally identified as Lot5, Block 1, Beckmans’s First Addition. 3. Any site grading shall occur in conformance with a Natural Resources Management Plan (NRMP) which shall include final grading plan to be submitted for review and approval by the City Engineer. 4. Issuance of a Building Permit and approval of the final inspection is contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the current zoning regulations. 5. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 21st day of November, 2017. __________________________________ Mary Hamann-Roland, Mayor ATTEST: 3 ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the ____ day of ___________, 20__. ________________________________ Pamela J. Gackstetter, City Clerk Beckman Ground Mounted Solar Array Max Size Variance PROJECT REVIEW Existing Conditions Property Location: 4675 120th St. W Legal Description: Lot 5, Block 1, Beckman’s 1st Addition Comprehensive Plan Designation “LD” Low Density Residential Zoning Classification “R1” Single Family 40,000 sq. ft. Existing Platting Platted Current Land Use Single Family Home Size: 124,197 sq. ft. Topography: Flat Existing Vegetation Large trees, heavily wooded Other Significant Natural Features Pond Adjacent Properties/Land Uses NORTH Comprehensive Plan “LD” Low Density Residential Zoning/Land Use “R1” Single Family 40,000 sq. ft. SOUTH Valleywood Municipal Golf Course Comprehensive Plan “P” Parks & Open Space Zoning/Land Use “PD-168” EAST Single Family Comprehensive Plan “LD” Low Density Residential Zoning/Land Use “R1” Single Family 40,000 sq. ft. WEST Single Family Comprehensive Plan “LD” Low Density Residential Zoning/Land Use “R1” Single Family 40,000 sq. ft. 120TH ST W 4675 120th St. W. µ LOCATION MAP ^ PILOT KNOB RD120TH ST WR-1 R-1 M-6A PD-168Valleywood Municipal GC µ 4675 120th St. W. ZONING MAP ^ COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC 1642 CARROLL AVE ST PAUL, MN 55104 (800) 620-3370 INFO@ALLENERGYSOLAR.COM PAGE NUMBER A1 THOMAS BECKMAN 4675 120TH ST W APPLE VALLEY, MN 55124 PO 17482 REVISIONS LAST: 10/17/17 MG AZIMUTH PROPERTY MAP N NOTES: 1. TOTAL LOT AREA = 124,197 SQUARE FT. 2. DRAINAGE EASEMENT AREA = APPX 39745 SQUARE FT 3. LOT AREA EXCLUDING DRAINAGE EASEMENT = APPX 84452 SQUARE FT 4. TOTAL ASPHALT DRIVEWAY AREA = 4790 SQUARE FT 5. TOTAL SOLAR COLLECTOR SURFACE AREA = 813 SQUARE FT 6. TOTAL IMPERVIOUS SURFACE AREA = APPX 11978 SQUARE FT 7. IMPERVIOUS SURFACES COVER 14.1% OF TOTAL LOT (EXCLUDING DRAINAGE EASEMENT) 50' MAX TRENCH ELECTRICAL METER LOCATION PROPERTY LINE SOLAR ARRAYS (813 TOTAL SQ FT) 120TH ST W 22'43'215'DRAINAGE EASEMENT POND 425' HOUSEAPPROXIMATELY 4153 SQUARE FT GARAGE APPROXIMATELY 2222 SQUARE FT 0'25'50'75'100' SCALE (ft) ASPHALT DRIVEWAY ASPHALT DRIVEWAY COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC 1642 CARROLL AVE ST PAUL, MN 55104 (800) 620-3370 INFO@ALLENERGYSOLAR.COM PAGE NUMBER A2 THOMAS BECKMAN 4675 120TH ST W APPLE VALLEY, MN 55124 PO 17482 REVISIONS LAST: 10/17/17 MG PROPERTY MAP N NOTES: 1. TOTAL LOT AREA = 124,197 SQUARE FT. 2. DRAINAGE EASEMENT AREA = APPX 39745 SQUARE FT 3. LOT AREA EXCLUDING DRAINAGE EASEMENT = APPX 84452 SQUARE FT 4. TOTAL ASPHALT DRIVEWAY AREA = 4790 SQUARE FT 5. TOTAL SOLAR COLLECTOR SURFACE AREA = 813 SQUARE FT 6. TOTAL IMPERVIOUS SURFACE AREA = APPX 11978 SQUARE FT 7. IMPERVIOUS SURFACES COVER 14.1% OF TOTAL LOT (EXCLUDING DRAINAGE EASEMENT) 0'25'50'75'100' SCALE (ft) PROPERTY LINE EXISTING SOLAR MODULES TO BE RELOCATED TO NEW ARRAY LOCATION. NEW SOLAR ARRAY (813 TOTAL SQ FT)ASPHALT DRIVEWAY ASPHALT DRIVEWAY HOUSE (4153 SQ FT) GARAGE (2222 SQ FT) ELECTRICAL METER LOCATION GARDEN DRAINAGE EASEMENT (APPX 39745 SQUARE FT) COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC 1642 CARROLL AVE ST PAUL, MN 55104 (800) 620-3370 INFO@ALLENERGYSOLAR.COM PAGE NUMBER A0 THOMAS BECKMAN 4675 120TH ST W APPLE VALLEY, MN 55124 PO 17482 REVISIONS LAST: 10/26/17 MG NOTES: 1. ELEVATIONS MAY VARY DEPENDING ON GROUND ELEVATION BUT ARE DRAWN TO THE BEST OF OUR ABILITY ELEVATION DRAWINGS EAST ELEVATION WEST ELEVATION GRADE 5' DEEP CONCRETE FOOTINGS GRADE CHANGE 1'<12'<12'1'24'-5" 13'-4" 10' - 8 " COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC 1642 CARROLL AVE ST PAUL, MN 55104 (800) 620-3370 INFO@ALLENERGYSOLAR.COM PAGE NUMBER A1 THOMAS BECKMAN 4675 120TH ST W APPLE VALLEY, MN 55124 PO 17482 REVISIONS LAST: 10/26/17 MG NOTES: 1. ELEVATIONS MAY VARY DEPENDING ON GROUND ELEVATION BUT ARE DRAWN TO THE BEST OF OUR ABILITY ELEVATION DRAWINGS NORTH ELEVATION 5' DEEP CONCRETE FOOTINGS GRADE SOUTH ELEVATION <12'<12'1'39'-7" 26'-2"13'-5" PANELS RELOCATED FROM ROOF COMPANY INFORMATION CLIENT INFORMATION SYSTEM DETAILS PROJECT-PAGE TITLE ALL ENERGY SOLAR, INC 1642 CARROLL AVE ST PAUL, MN 55104 (800) 620-3370 INFO@ALLENERGYSOLAR.COM PAGE NUMBER A3 THOMAS BECKMAN 4675 120TH ST W APPLE VALLEY, MN 55124 PO 17482 REVISIONS LAST: 10/17/17 MG RAIL AND STRINGING DIAGRAM AZIMUTH THOMAS BECKMAN 4675 120TH ST W APPLE VALLEY, MN 55124 PO 17482 N ARRAY 1 ARRAY 2 39'-7" 26' 2"≈11' N / S POST SPACING(RELATIVE TO GROUND SLOPE)≈9' 4" N / S POST SPACING(RELATIVE TO GROUND SLOPE)10' 5" E/W POST SPACING I T E M: 4.J . C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: Valley Oaks E states Variances S taff Contact: A lex Sharpe, P lanner and E conomic Dev. S pec. D epartment / Division: C ommunity D evelopment Department Applicant: I ron R iver Construction P roject Number: P C17-35-V Applicant Date: 8/4/2017 60 Days: 12/3/2017 120 Days: 2/1/2018 AC T I O N RE Q UE S T E D: 1. Adopt resolution approving 10 ft. front setback variance on Lot 6, Block 2, Valley Oaks Estates. 2. Adopt resolution approving 10 ft. front setback variance on Lot 7, Block 2, Valley Oaks Estates. S UM M ARY: On N ovember 1, 2017, the Planning C ommission unanimously recommended approval of both variances. MJ Investment, LLC , the property owner of 13715 and 13710 Grafton Ct. has requested consideration of a 10' front setback variance to construct a single family home on each lot. City code requires a 30' front setback in the "R-3" (Single Family Residential) zone. T his request is consistent with past variances granted for other properties in this development including all of the homes on Gotham C t, homes on Gossamer Way, and an adjacent property on Grafton C t. T he C ity has granted these variances due to steep slopes, easement restrictions, and the desire to retain old growth trees which are plentiful on these lots. Staff is recommending approval of the variance due to the following practical difficulties. 1. T he lots have larger than average rear easements which restrict the home and any future additions or decks. 2. T here are large trees on both lots that the C ity would prefer to be retained. Without a variance these trees would be within a standard size house building pad. 3. Lot 6, Block 2, Valley Oaks Estates is irregularly shaped, restricting the building pad on the lot significantly. T he easement is also irregularly shaped, further restricting the building pad and the rear yard of a house. 4. Lot 7, Block 2 is a heavily wooded lot with many large trees which are significant species. T he C ity has expressed interest in retaining as many significant trees as possible during development. A variance would allow for up to 10 additional significant trees to be retained. B AC K G RO UND : T he Staff reviews variance applications based strictly upon the requirements of the state statutes and the City Code which require that the applicant establish that there are practical difficulties present in order for a variance to be granted, and that logical alternatives are not available. Definition of “Practical difficulties”: T he applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; T he plight of the applicant is due to circumstances unique to the property not created by the applicant; and T he variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. In order to grant a variance, the C ity considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this C hapter: 1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; These properties are unique due to conservation and drainage/utility easements which cover large portions of the rear yard, limiting the building pad signif icantly. The properties also have a large number of signif icant trees as def ined by C ity code. A variance would allow for the retention of a greater number of trees. The properties also back up to C edar Ave, a high traf f ic volume road. Due to their proximity to the roadway the retention of signif icant trees is even more impactf ul f or screening and noise attenuation f rom Cedar Ave. 2. T he granting of the proposed variance will not be contrary to the intent of this chapter; The granting of this variance will not be contrary to the intent of this chapter. The property owner intends to use the properties in a reasonable manner which is not permitted by the zoning code. 3. T he special conditions or circumstances do not result from the actions of the owner/applicant; and The conditions of this lot were not created by the property owner and existed prior to their ownership. N o part of the request involves economic considerations and the variance, if granted will not alter the essential character of the surrounding neighborhood. 4. T he granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this C ode; and The properties are irregular in shape and in the size/area of the easements. A 10’ variance has previously been granted f or lots on this cul-de-sac and in this development which will maintain consistency. A 10' f ront variance alleviates the practical dif f iculties that exist on the lots. 5. T he variance requested is the minimum variance necessary to alleviate the practical difficulty. The variance requested is the minimum necessary to maintain the consistency between the other homes in this cul-de-sac which have been granted the 10’ variance. B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution R esolution R eport Area Map Z oning Map Survey Survey F inal Plat Applicant L etter CITY OF APPLE VALLEY RESOLUTION NO. 2017 - A RESOLUTION APPROVING A 10 FOOT FRONT YARD SETBACK VARIANCE FOR 13715 GRAFTON COURT AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted by the City Council from the literal provisions of the zoning regulations where practical difficulties exist which do not apply to the area in general; and WHEREAS, an application for a variance, (“PROJECT”), was submitted by MJ Investments, LLC (“APPLICANT”), for property located 13715 Grafton Court and legally described as Lot 6, Block 2, VALLEY OAKS ESTATES (“PREMISES”); and WHEREAS, City Code §155 Appendix A sets the front setback of the principal structure to 30 feet from the front property line; the PROJECT requests a variance to allow a 10 foot encroachment into the front yard setback which will maintain a 20 foot setback for the construction of a single family home; and WHEREAS, the Apple Valley Planning Commission reviewed and recommended the PROJECT at its public meeting on November 1st, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Council finds that the applicant established that the following practical difficulties exist on the property in accordance with the City’s zoning regulations: 1. The lot has larger than average rear easements which restrict the home and any future additions or decks. 2. There are large trees on both lots that the City would prefer to be retained. Without a variance these trees would be within a standard size house building pad. 3. Lot 6, Block 2, Valley Oaks Estates is irregularly shaped, restricting the building pad on the lot significantly. The easement is also irregularly shaped, further restricting the building pad and the rear yard of a house. BE IF FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a 10 foot variance from minimum front yard setback of 30 feet to 2 construct a single family home is hereby approved, subject to all applicable City Codes and standards, and the following conditions: 1. The variance shall be applicable to property identified as Lot 6, Block 2, VALLEY OAKS ESTATES (13715 Grafton Ct). 2. Any site grading shall occur in conformance with a Natural Resources Management Plan (NRMP) which shall include final grading plan to be submitted for review and approval by the City Engineer. 3. Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to Saturdays, 8:00 a.m. to 5:00 p.m. 4. Issuance of a Building Permit and approval of the final inspection is contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the current zoning regulations. 5. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 22st day of November, 2017. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk 3 CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the ______ day of _____________, 20__. ________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2017 - A RESOLUTION APPROVING A 10 FOOT FRONT YARD SETBACK VARIANCE FOR 13710 GRAFTON COURT AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted by the City Council from the literal provisions of the zoning regulations where practical difficulties exist which do not apply to the area in general; and WHEREAS, an application for a variance, (“PROJECT”), was submitted by MJ Investments, LLC (“APPLICANT”), for property located 13710 Grafton Court and legally described as Lot 7, Block 2, VALLEY OAKS ESTATES (“PREMISES”); and WHEREAS, City Code §155 Appendix A sets the front setback of the principal structure to 30 feet from the front property line; the PROJECT requests a variance to allow a 10 foot encroachment into the front yard setback which will maintain a 20 foot setback for the construction of a single family home; and WHEREAS, the Apple Valley Planning Commission reviewed and recommended the PROJECT at its public meeting on November 1st, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Council finds that the applicant established that the following practical difficulties exist on the property in accordance with the City’s zoning regulations: 1. The lot has larger than average rear easements which restrict the home and any future additions or decks. 2. There are large trees on both lots that the City would prefer to be retained. Without a variance these trees would be within a standard size house building pad. 3. Lot 7, Block 2 is a heavily wooded lot with many large trees which are significant species. The City has expressed interest in retaining as many significant trees as possible during development. A variance would allow for up to 10 additional significant trees to be retained. BE IF FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a 10 foot variance from minimum front yard setback of 30 feet to 2 construct a single family home is hereby approved, subject to all applicable City Codes and standards, and the following conditions: 1. The variance shall be applicable to property identified as Lot 7, Block 2, VALLEY OAKS ESTATES (13710 Grafton Ct). 2. Any site grading shall occur in conformance with a Natural Resources Management Plan (NRMP) which shall include final grading plan to be submitted for review and approval by the City Engineer. 3. Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to Saturdays, 8:00 a.m. to 5:00 p.m. 4. Issuance of a Building Permit and approval of the final inspection is contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the current zoning regulations. 5. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 22st day of November, 2017. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk 3 CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the ______ day of _____________, 20__. ________________________________ Pamela J. Gackstetter, City Clerk Valley Oaks Estates Front Setback Variance PROJECT REVIEW Existing Conditions Property Location: 13715 &13710 Grafton Ct Legal Description: Lot 6 and Lot 7, Block 2, Valley Oaks Estates Comprehensive Plan Designation “LD” Low Density Residential Zoning Classification “R3” Single Family 11,000 sq. ft. Existing Platting Platted Current Land Use Empty lot Size: Lot 6 15,166 sq. ft. Lot 7 18,556 sq. ft. Topography: Flat Existing Vegetation Large trees, significant species Other Significant Natural Features None identified Adjacent Properties/Land Uses NORTH Single Family Comprehensive Plan “LD” Low Density Residential Zoning/Land Use “R3” Single Family 11,000 sq. ft. SOUTH Single Family Comprehensive Plan “LD” Low Density Residential Zoning/Land Use “R3” Single Family 11,000 sq. ft. EAST Cedar Ave Comprehensive Plan N/A Zoning/Land Use N/A WEST Single Family Comprehensive Plan “LD” Low Density Residential Zoning/Land Use “R3” Single Family 11,000 sq. ft. GRAFTONCT CEDAR AVE138TH ST WGOSSAMER WAYHIGHWAY 77 SERVICE RDGOTHAM CT GREENLAND AVECEDAR AVE138T H S T W µ LOCATION MAP ^ 13715 & 13710 Grafton Ct. GRAFTONCT R-3 CEDAR AVE138TH ST W GOSSAMER WAY PENNOCK AVEGOTHAM CT G R A N A D A W AY CEDAR AVER-3 R-5 R-3 µ 13715 & 13710 Grafton Ct. ZONING MAP ^ F D I P SERVFD IPTNH1001.1210 10 101 0 1010DRAINAGE &UTILITY EASEMENT9.1%PORPROPOSEDHOUSESIDEWALK V A C A N T L O T VACANT LOTGARAGE115.05S86°08'35"E89.20 N01°35'08"W S89°57'39"W15.01106.74 N01°35'08"W S 3 9 ° 5 7 ' 2 8 "W 1 8 0 . 1 5Δ=53°54'12"R=60.0056.45 20 .00 11.83 19 .83 36.67 19 .33 3.17 20 .50 28.00 12.0 6 .5GRAFTON COURTCEDAR AVENUE ( PONDING )HWL: 988.66TREELINEN37°02'25"W58.64N14°03'11"W75.349 6 . 5 6 28.8920.00CONC.6x8FBWO18.50 24.4856.6318.1055.1018 . 8 1 22.30DENOTES EXISTING CATCH BASINDENOTES EXISTING HYDRANTDENOTES EXISTING SANITARY MANHOLEDENOTES EXISTING STORM MANHOLEDENOTES EXISTING COMMUNICATION BOXDENOTES EXISTING ELECTRIC BOXDENOTES EXISTING SERVICE OR CLEANOUTDENOTES IRON MONUMENT FOUNDDENOTES IRON MONUMENT SETDENOTES EXISTING POWER POLEDENOTES EXISTING LIGHT POLEDENOTES EXISTING CONSERVATION POSTOR WET LAND BUFFER POSTDENOTES EXISTING TREEPPLP8" TREE000.0DENOTES WOOD HUBDENOTES NAILDENOTES EXISTING RETAINING WALLDENOTES PROPOSED RETAINING WALLDENOTES EXISTING ELEVATIONDENOTES PROPOSED ELEVATIONDENOTES AS BUILT ELEVATIONDENOTES EXISTING TREELINEDENOTES DIRECTION OF SURFACE DRAINAGEDENOTES EXISTING FENCELEGENDDENOTES EXISTING F.E.S.VARIANCE EXHIBIT L6 B2Legal Description:1. No specific soils investigation has been performed on this lotby the surveyor. The suitability of the soils to support thespecific house is not the responsibility of the surveyor.2.No title information was provided for this survey. This surveydoes not purport to show all easements of record.3. See architectural plans for final building dimensions. F D I P SERVFD IPTNH1001.12DRAINAGE &UTILITY EASEMENTGR A F T O N C O U R T CEDAR AVENUE 28.89150.06N32°36'57"WΔ = 5 3°31'46" R =60.0056.06 N86°08'35"W115.05165.17 S01°35'08"E65.99S89°56'44"W10 1010105545.70S8°47'51" W 114.28N68°28'09"E42.74 20.0020.0021.8865.0828.6753.1899.04G A R A G E PR O P O S E D H O U S E F B W O P O R ( PONDI N G ) HWL: 98 8 . 6 6 SIDEWALKC O N C . 6x 8 2 7 . 9 8 20.00 1 1 . 8 3 19.83 3 6 . 6 7 19.33 3 . 1 7 20.50T R E E L I N E TREELINETREELIN E 6.50 1 2 . 0 0DENOTES EXISTING CATCH BASINDENOTES EXISTING HYDRANTDENOTES EXISTING SANITARY MANHOLEDENOTES EXISTING STORM MANHOLEDENOTES EXISTING COMMUNICATION BOXDENOTES EXISTING ELECTRIC BOXDENOTES EXISTING SERVICE OR CLEANOUTDENOTES IRON MONUMENT FOUNDDENOTES IRON MONUMENT SETDENOTES EXISTING POWER POLEDENOTES EXISTING LIGHT POLEDENOTES EXISTING CONSERVATION POSTOR WET LAND BUFFER POSTDENOTES EXISTING TREEPPLP8" TREE000.0DENOTES WOOD HUBDENOTES NAILDENOTES EXISTING RETAINING WALLDENOTES PROPOSED RETAINING WALLDENOTES EXISTING ELEVATIONDENOTES PROPOSED ELEVATIONDENOTES AS BUILT ELEVATIONDENOTES EXISTING TREELINEDENOTES DIRECTION OF SURFACE DRAINAGEDENOTES EXISTING FENCELEGENDDENOTES EXISTING F.E.S.VARIANCE EXHIBIT L7 B2Legal Description:1. No specific soils investigation has been performed on this lotby the surveyor. The suitability of the soils to support thespecific house is not the responsibility of the surveyor.2.No title information was provided for this survey. This surveydoes not purport to show all easements of record.3. See architectural plans for final building dimensions. I T E M: 4.K . C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Rejecting B ids for P roject 2017-110, 2017 Utility I mprovements 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 rejecting bids for Project 2017-110, 2017 Utility Improvements. S UM M ARY: T he C ity of Apple Valley 2016 and 2017 C apital Improvement Program identified potential utility improvement work in the following neighborhoods, as well as repair of deficient infrastructure. Delaney Park Storm Sewer Replacement Hidden Ponds Storm Sewer Repair Florida Lane Storm Sewer Repair Dominica Way Sanitary Sewer Repair Bids were accepted on A ugust 15, 2017 for the 2017 Utility Improvements Project. T he bids that were received were higher than estimated costs (see attachment) and the schedule for completion provided by the apparent low bidder was not beneficial to the C ity of A pple Valley. As a result, staff recommends that the C ity Council reject all bids for the project. T he improvements will be re-bid at a later date for completion as part of the 2018 Utility Improvement project. B AC K G RO UND : T he C ity Council adopted Resolution N umber 2016-9 on J anuary 12, 2017, directing the preparation of plans and specifications for Project 2017-110, 2017 Utility Improvements. T he City C ouncil adopted Resolution Number 2017-114 on J uly 27, 2017, approving plans and specifications for Project 2017-110, 2017 Utility Improvements, and authorizing advertising for receipt of bids, at 10:00 a.m. on August 15, 2017. T he C ity C ouncil adopted Resolution N umber 2017-150 on O ctober 12, 2017, directing the preparation of plans and specifications for Project 2018-104, 2018 Utility Improvements. B UD G E T I M PAC T: T he original C IP scope and budget of work indicated a construction budget of $302,500. Project costs and funding included in the preliminary 2017 operating budget were carried over into the 2018 Utility Improvement project budget. AT TAC HM E NT S: R esolution Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2017- A RESOLUTION REJECTING BIDS FOR PROJECT 2017-110 2017 UTILITY IMPROVEMENTS WHEREAS, pursuant to City Council Resolution No. 2017-114, sealed bids were received, opened and tabulated on August 15, 2017, for 2017 Utility Improvements; and WHEREAS, said bids for Project 2017-110, 2017 Utility Improvements were higher than estimated costs and the schedule of completion by the apparent low bidder was not beneficial to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the bids received August 15, 2017, for 2017 Utility Improvements, are hereby rejected. ADOPTED this 21st day of November, 2017. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.L . C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A pprove S ub-Recipient Agreement with D akota County C ommunity D evelopment Agency (C D A ) for Community D evelopment B lock G rant (C D B G) for F iscal Years 2017-2019 S taff Contact: T homas L ovelace, City P lanner D epartment / Division: C ommunity D evelopment Department Applicant: Dakota County C ommunity Development A gency P roject Number: P C10-44-Misc. Applicant Date: 10/26/2017 60 Days: 120 Days: AC T I O N RE Q UE S T E D: A p p r o v e the Sub-Recipient Agreement with Dakota C ounty C ommunity Development Agency (C D A) for C ommunity Development Block Grant (C D BG) for Fiscal Years 2017 through 2019 and direct the C ity Administrator to execute the necessary documents on behalf of the City. S UM M ARY: Attached is information pertaining to a request for approval of the Sub-Recipient Agreement Between the Dakota C ounty C ommunity Development Agency (C D A) and C ity of A pple Valley for Community Development Block Grant Funded Programs. T his agreement will cover C D BG activities that are directly administered by the C ity for Fiscal Years 2017 through 2019, which began J uly 1, 2017 and ends J une 30, 2020. T he agreement identifies the City’s federal compliance requirements, obligations, and responsibilities as a sub-recipient that ensures that the C D BG funds will be used to meet the national objectives of providing activities that will benefit low/moderate income persons, aid in the prevention or elimination of slums and blight, and meet community development needs. Approval of the agreement allows the C ity to continue to distribute C D BG funds to D A RT S (Dakota Area Resources and Transportation for Seniors) for their Outdoor Chore and Homemaking Programs. T he Outdoor C hore Service Program assists older residents with heavy chores and outdoor yard work such as raking leaves; snow shoveling, lawn mowing, cleaning gutters, and cleaning garages and basements. T he Homemaking Service Program assists seniors with housekeeping, laundry, and other indoor chores. Services may also include grocery shopping and errands. T he City has been allocated $158,799 for Fiscal Year 2017, with a $140,799 of those funds being made available for residential rehabilitation loans and $18,000 for the D A RT S service programs. T he allocations for 2018 and 2019 have not been finalized yet. All previously allocated funds are being utilized on a schedule acceptable to the Department of Housing and Urban D evelopment (HUD) and the C D A. A typical year serves about 5 to 7 households with rehabilitation loans and 25 to 35 household with household services for eligible clients. 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: Agreement Exhibit I T E M: 4.M. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A pprove Agreement with Keys Well Drilling C ompany, f or P roject 2017-188, Well Pumps 8, 12, and L ow Z one P ump 3 Maintenance S taff Contact: Carol Blommel J ohnson, P ublic Works S uperintendent - Utilities D epartment / D ivision: Utilities D ivision AC T I O N RE Q UE S T E D: Approve agreement with Keys Well Drilling Company, for Project 2017-188, Well Pumps 8, 12, and Low Zone Pump 3 Maintenance, in the amount of $53,060.00. S UM M ARY: On November 1, 2017, quotations were received for maintenance of Municipal Wells 8, 12 and Water Treatment Plant Low Zone Pump 3. A summary of the base bid results of the quotation process are provided below and the detailed bid tabulation is attached. Company Q uotation Keys Well D rilling C ompany $53,060.00 E.H. Renner & Sons, Inc.$77,410.00 Bergerson-C aswell, Inc.$80,047.00 Mark J . Traut Wells, Inc.No Quote A standard C ity agreement will be utilized for this project. B AC K G RO UND : T he work is being done as part of the C ity’s preventive maintenance program to ensure operability and maximum performance of the wells. Keys Well Drilling C ompany is qualified to perform the maintenance work on the wells. B UD G E T I M PAC T: Funding for maintenance of Well Pumps 8,12 and Low Zone Pump 3 is included in the 2017 Public Works Utilities Division Operating Budget. Expenses C onstruction $53,060.00 Engineering, Admin, Legal 2,500.00 C onstruction C ontingency 5,300.00 Total Estimated Cost $60,860.00 AT TAC HM E NT S: Bid / Quote Tabulation I T E M: 4.N. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A pprove Agreement with R MR S ervices, L L C, for Project 2018-107, 2018 Water Meter Reading S ervices S taff Contact: Carol Blommel J ohnson, P ublic Works S uperintendent - Utilities D epartment / D ivision: Utilities D ivision AC T I O N RE Q UE S T E D: Approve agreement for Project 2018-107, 2018 Water Meter Reading Services, with RMR Services, LLC , in the amount of $0.53 per meter for an aggregate amount of $27,878.00. S UM M ARY: RMR Services, LLC , has agreed to extend their agreement with the City for Water Meter Reading Services for 2018. RMR has read residential water meters for the City for seven (7) of the past nine (9) years. Approximately 13,000 water meters are read quarterly. T he water meter replacement program is expected to be implemented in 2018. A significant number of new water meters are anticipated to be installed and read with the new A MI (Advanced Metering Infrastructure). Because the start date and proof of operation of the A MI project has not yet been finalized, the meter reading project was bid assuming all meters would be read for the entire year. A standard C ity contract will be utilized for this project. B AC K G RO UND : T he C ity has contracted for water meter reading services since 1992. T he current contract for meter reading is scheduled to expire on December 31, 2017. B UD G E T I M PAC T: T he funding for water meter reading services is included in the Public Works Utilities Division 2018 operating budget. T he cost of reading the water meters for 2018 increases $0.08 per meter to $0.53 per meter. T he estimated annual cost for 2018 is $27,878.00. Predetermined thresholds have been established and tied into the meter replacement program. As the number of meters is reduced in an area the cost increases per meter read which is detailed in the attached proposal. T he actual cost for meter reading in 2018 will be dependent on the number of meters read and the water meter replacement program implementation. T he table below estimates meter reading costs per quarter. Quarterly Meter Readings Commencing J anuary 1, 2018 Unit Price Total Price Greenleaf - 5,800 Meters $ .53 $ 3,074.00 North - 3,600 Meters $ .53 $ 1,908.00 South - 3,750 Meters $ .53 $ 1,987.50 Total Quarterly Quote $ 6,969.50 Total Annual Quote $ 27,878.00 AT TAC HM E NT S: Proposal I T E M: 4.O. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A pprove Change Order No. 1 to Agreement with Vision Woodworking, I nc., for Municipal Center Countertop R eplacement P roject 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 Order No. 1 to agreement with Vision Woodworking, Inc., for Municipal Center C ountertop Replacement Project, in the additional amount of $1,460.67. S UM M ARY: T he original plastic laminate countertops in the first and second floor bathrooms and in the kitchen have reached the end of their useful life due to extensive use over the past 16 years. T his project will replace the worn countertops with new solid surfaces. T he total cost of the original project was $15,065.45. T he proposed change order is an addition of $1,460.67. T he revised cost of the project is $16,526.12. B AC K G RO UND : T his project involves several small contracts with different contractors. Staff determined that the best option for the demolition work was to amend the construction and installation contract for the countertops. Change Order Item 1: Demolish Old Countertops. T he quote provided to the City did not include demolition of the old countertops. Staff believes using the contractor to perform the demolition is the best value to the City. Staff recommends the C ouncil approve C hange Order No. 1 addition in the amount of $1,460.67 to agreement with Vision Woodworking, Inc., for Municipal C enter C ountertop Replacement Project. B UD G E T I M PAC T: Item 1: Addition $1,460.67 AT TAC HM E NT S: C hange Order D ocument(s) 7890 Hickory Street N.E. Fridley, MN 55432 p 763.571.5767 f 763.571.2710 info@visionwoodworking.com www.visionwoodworking.com creating beautiful environments QUOTE Date:11/1/2017 Bid #2861 To:City of Apple Valley Quoted By:Greg Tatro 7100 West 147th Street Ship Via:TBD Apple Valley, MN 55124 FOB:Job Site Dock Attn: Charles Grawe Project:City of Apple Valley - Municipal Center - Rev 3 QUANTITY UNIT PRICE EXTENDED PRICE 1 $3,211.68 $3,211.68 1 $942.67 $942.67 2 $2,051.50 $4,103.00 1 $758.62 $758.62 2 $2,051.50 $4,103.00 1 $758.62 $758.62 1 $272.46 $272.46 1 $662.07 $662.07 Material Sub-Total:$14,812.12 Demolition of Old Cnt Tops:$1,460.67 *Freight - Qty 1:$253.33 Total:$16,526.12 Terms: Notes: *Note: All solid surface quoted is based on using Corian color group C. Price quoted does not include a site visit, contractor to supply all field dim's. Price quoted is based on only one shipment to the job site. Price does not include any countertop bracing or supports ( use existing ) Price includes the cost of the Shop Drawings & Submittals Price does not include the costs associated with site prep. Price is based on working during normal daytime hours. Price is based on owner supplied drawings dated N/A. *The cost of freight is an estimate, actual cost may vary. AUTHORIZED SIGNATURE GOOD FOR 30 DAYS Price does not include a site visit. Price includes the cost of the freight. Price includes the cost of installation. Non-Union installers. Front Reception Desk Cut Out Bracing and Plam Reception Desk Countertop Cut Out Installation DESCRIPTION Price does not include any applicable taxes. 3cm x 25 1/2" x 133" - Cambria - Kitchen Countertop w/8" High Splashes Cambria - Kitchen Countertop Installation 25 1/2" x 110" - Corian - 1st Floor Restroom Countertop w/4" High Splashes Corian - 1st Floor Restroom Countertop Installation 25 1/2" x 110" - Corian - 2nd Floor Restroom Countertop w/4" High Splashes Corian - 2nd Floor Restroom Countertop Installation 1/2 downpayment, balance net 30 days 1 2 3 4 5 6 7 8 IN NO EVENT SHALL VISION WOODWORKING, INC. BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, WHETHER OCCASIONED BY PRODUCT DEFECTS EVEN IF VISION WOODWORKING, INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. WARRANTY - Vision Woodworking, Inc. warrants product to be free from manufacturing defect for 6 months from the date of purchase and all hardware and fittings for a period of 1 (one) year. If for any reason your product fails due to a manufacturing or product defect within the first 6 months Vision Woodworking, Inc. shall at its option repair, replace or refund buyer for the product excluding any freight or delivery charges. Vision Woodworking, Inc. will supply any needed replacement parts it deems defective at its cost less all labor and freight or delivery cost betwen the 6 and 12 month warranty period. Vision Woodworking, Inc. provides no warranty to product that has been subjected to excessive wear or abuse, vandalism or neglect. In no event shall seller be liable to buyer or others for an amount that exceeds that price of the defective merchandise purchased from or through seller. VISION WOODWORKING, INC. PROVIDES NO WARRANTY FOR LIGHT BULBS, PAINTED WOOD AND METAL SURFACES OR THE WEARABILITY OF FINISHED WOOD AND VENEER PRODUCT SURFACES. Delivery dates given in advance of actual shipment are estimates based on information received from our suppliers. Every attempt will be made to accommodate specific ship dates. However, seller shall not be held responsible for delays caused by acts of God, strikes, fire, industry material shortages or delays out of the direct control of Vision Woodworking, Inc. AGREEMENT VISION WOODWORKING, INC. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITIES RELATING TO THE ACCURACY OF ALL SPECIFICATIONS AND ENGINEERING INFORMATION OBTAINED FROM VISION WOODWORKING, INC. BUYER MUST REVIEW ALL DRAWINGS, SPECIFICATIONS AND ENGINEERING INFORMATION PRIOR TO MANUFACTURING. IT IS FULLY UNDERSTOOD BY THE BUYER THAT VISION WOODWORKING, INC. IS A "TO THE BUYER'S SPECIFICATION MANUFACTURE." ANY AND ALL CHANGES DIRECTED BY BUYER AT ANY TIME BEFORE OR DURING MANUFACTURING MUST BE INWRITING. AT ANY TIME AFTER ORDER ACCEPTANCE A CHANGE RESULTS IN A PRICE INCREASE - VISION WOODWORKING, INC. SHALL NOTIFY BUYER OF SAID CHANGE AND BUYER SHALL AGREE TO THE CHANGE IN PRICE WITHIN 24 HOURS. FAILURE TO MAKE SUCH APPROVALS CAN RESULT IN PRODUCTION STOPPAGE AND OR FAILURE TO MEET PRODUCTION DEADLINES. AT ANY TIME AFTER ORDER ACCEPTANCE A CHANGE RESULTS IN A PRICE DECREASE, VISION WOODWORKING, INC. SHALL NOTIFY BUYER OF THE DECREASE AND DEDUCT THE AMOUNT FROM THE FINAL AMOUNT DUE OWING. To the extent this Agreement states terms additional to or different from those contained on Customer's purchase order or as orally expressed, it constitutes an acceptance expressly conditional on Customer's assent to the additional and/or different terms. If Customer's purchase order expressly limits acceptance to its terms, Customer acknowledges and agrees that Customer's acceptance of the products sold by Vision Woodworking, Inc. constitute a waiver of all terms of the purchase order inconsistent with the terms of this Agreement. Unless otherwise specifically agreed, all shipments are F.O.B. Vision Woodworking's premises, Fridley, Minnesota, and all risk of loss passes to Cusomter when the product is delivered to the carrier. Title to the product remains with Vision Woodworking, Inc. until Customer has paid for such goods in full. Vision Woodworking, Inc. reserves the right, not withstanding the stated delivery terms and without regard to the form of any bill of lading, to withhold delivery, stop delivery, and or divert the product in transit. Vision Woodworking, Inc. has inspected all product prior to packing and has found the product to be free of defects. Vision Woodworking, Inc. is not responsible for any damage in transit to the carrier. Customer acknowledges that the liability of the Carrier may be limited and Vision Woodworking, Inc. has no control over such limitation, nor any obligation to declare a higher value, unless specifically directed to declare a higher value by Customer. Unless satisfactory credit has been previous established, payment in full is due and payable prior to shipment with 1/2 payment due upon order acceptance and 1/2 payment due upon completion. If satisfactory credit has been established and Vision Woodworking, Inc. agrees to the continuation of the extension of credit, Customer agrees to make payment in accordance with such credit terms. Failure to pay in accordance with such credit terms shall cause interest to accrue from the date of shipment to the date of payment at the rate of 1-1/2% per month (18% per year), or at the highest rate of interest than legally collectible under laws of the state of Minnesota. In the event that Vision Woodworking, Inc. institutes any collection efforts against Customer, Customer agrees to pay the costs of collection, including but not limited to attorney's fees and is subject to a 5% default fee. Customer is liable for the payment of all sales and or use taxes assessed by reason of the transactions contemplated by this Agreement. Customer agrees to remit such taxes directly to the taxing authorities. In the event Vision Woodworking, Inc. is required to collect or pay any such taxes, Customer agrees to reimburse Vision Woodworking, Inc. for the amount of such taxes, together with any interest and penalties, upon demand. I T E M: 4.P. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A pprove 2018-2019 L abor A greement with L E L S L ocal No. 243 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 2018-2019 Labor Agreement with LELS Local No. 243. S UM M ARY: LELS Local N o. 243 representing the C ity of Apple Valley’s Police Sergeants has voted to enter into a two-year agreement with the C ity. C onsistent with our discussion in closed session, the proposed contract is attached. T he major changes are summarized as follows: Duration 2 Years: J anuary 1, 2018 – December 31, 2019 Wages 2018: 2.75% increase effective December 23, 2017 2019: 3.00% increase effective December 22, 2018 Wellness C ompensation: base pay rate addition, for employees who annually provide provider certification that they have completed a preventive dental exam, is increased from 0.25% to 0.5%. City Insurance C ontribution 2018: 1) Maximum of $930 per month toward C ity-sponsored health, dental, and life insurance for individual enrolled in the C opay health plan option; 2) Maximum of $1,240 per month toward C ity-sponsored health, dental, and life insurance for individual enrolled in a Deductible health plan option; 3) Continue $80 per month incentive contribution to HRA/HSA for individual enrolled in a Deductible health plan option. T hese amounts are the same as has previously been approved by the C ouncil for non- represented employees. 2019: Reopener Holidays Holiday premium pay rate will be paid for the entire shift, if four or more hours of the shift falls on one of the following holidays: Independence Day, T hanksgiving, C hristmas Eve, or Christmas D ay. Annual Uniform Allowance / Other C ompensation No increase to uniform allowance or other any other compensation provisions. B AC K G RO UND : Staff and representatives of LELS Local No. 243 representing the C ity's Police Sergeants have conducted multiple meetings and bargained in good faith to reach the recommended agreement. B UD G E T I M PAC T: 2018 wage increase is consistent with the 2018 preliminary budget as proposed. 2019 wage increase will increase the 2019 preliminary budget by approximately $6,000. AT TAC HM E NT S: Agreement MASTER LABOR AGREEMENT BETWEEN THE CITY OF APPLE VALLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 243 JANUARY 1, 2018 - DECEMBER 31, 2019 2018 – 2019 L.E.L.S. Local #243 Contract i City of Apple Valley TABLE OF CONTENTS (Numerical Order) ARTICLE TITLE Page I Purpose of Agreement 1 II Recognition 2 III Definitions 2 IV Employer Authority 4 V Employer Security 4 VI Union Security 5 VII Seniority 5 VIII Reduction in Work Force 6 IX Work Hours 6 X Working Out Of Classification 7 XI Overtime 7 XII Meal Periods and Rest Breaks 8 XIII P.O.S.T. Training 8 XIV Scheduled Training 8 XV Annual Leave 9 XVI Holiday Leave 10 XVII Planned Annual and Holiday Leave Selection 11 XVIII Bereavement Leave 12 XIX Jury Duty Leave 12 XX Military Leave 13 XXI Injured On Duty 13 XXII Insurance 13 XXIII Uniforms 14 XXIV Expense Reimbursement 15 XXV Civil Court 15 XXVI Internal Affairs 15 XXVII Employee Rights - Grievance Procedure 18 XXVIII Drug and Alcohol Testing 20 XXIX Continuing Employment Qualifications 26 XXX Waiver 27 XXXI Savings Clause 27 XXXII Monthly Salaries 27 XXXIII Health Care Savings Plan 28 XXXIV Post-Employment Health Reimbursement Arrangement 30 XXXV Duration 30 Signatures 31 2018 – 2019 L.E.L.S. Local #243 Contract ii City of Apple Valley TABLE OF CONTENTS (Alphabetical Order) ARTICLE Number Page Annual Leave XV 9 Bereavement Leave XVIII 12 Civil Court XXV 15 Continuing Employment Qualifications XXIX 26 Definitions III 2 Drug and Alcohol Testing XXVIII 20 Duration XXXV 30 Employee Rights - Grievance Procedure XXVII 18 Employer Authority IV 4 Employer Security V 4 Expense Reimbursement XXIV 15 Health Care Savings Plan XXXIII 28 Holiday Leave XVI 10 Injured On Duty XXI 13 Insurance XXII 13 Internal Affairs XXVI 15 Jury Duty Leave XIX 12 Meal Periods and Rest Breaks XII 8 Military Leave XX 13 Monthly Salaries XXXII 27 Overtime XI 7 P.O.S.T. Training XIII 8 Planned Annual and Holiday Leave Selection XVII 11 Post-Employment Health Reimbursement Arrangement XXXIV 30 Purpose of Agreement I 1 Recognition II 2 Reduction in Work Force VIII 6 Savings Clause XXXI 27 Scheduled Training XIV 8 Seniority VII 5 Signatures 30 Uniforms XXIII 14 Union Security VI 5 Waiver XXX 27 Work Hours IX 6 Working Out Of Classification X 7 2018 – 2019 L.E.L.S. Local #243 Contract 1 City of Apple Valley MASTER LABOR AGREEMENT BETWEEN THE CITY OF APPLE VALLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 243 2018 - 2019 ARTICLE I: PURPOSE OF AGREEMENT 1.1 This Agreement is entered into as of January 1, 2018, between the City of Apple Valley, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union, on behalf of the Employees of Local No. 243. 1.2 It is the intent and purpose of this Agreement to: A. Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations with the highest level of performance possible; B. Establish procedures for the orderly resolution of disputes concerning this Agreement's interpretation and application; and, C. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. 2018 – 2019 L.E.L.S. Local #243 Contract 2 City of Apple Valley ARTICLE II: RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, for all essential Employees subject to licensure under sections 626.84 to 626.855 with the rank of Sergeant, employed by the City of Apple Valley, Minnesota, who are public Employees within the meaning of Minnesota Statute 179A.03, subdivision 14, excluding confidential Employees. 2.2 In the event, the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III: DEFINITIONS 3.1 Authorized Leave: All leave approved by the Employer, including annual leave, holiday leave, emergency leave, jury leave, military leave, and compensatory time. 3.2 Break in Service: An interruption within a job classification resulting from the acceptance of a position, not covered by this Agreement, with the Apple Valley Police Department or the City of Apple Valley; the separation from employment with the City of Apple Valley; or the utilization or implementation of more than six (6) months continuous uncompensated leave. 3.3 Chief: The Police Chief of the Apple Valley Police Department. 3.4 Commissioner: The Commissioner of Minnesota's Department of Health. 3.5 Confirmatory Test and Confirmatory Re-test: A drug or alcohol test that uses a method of analysis approved by the Commissioner as being reliable for providing specific data as to the drugs, alcohol, or their metabolites detected in an initial screening test. 3.6 Department: The Apple Valley Police Department. 3.7 Drug: A controlled substance as defined in Minnesota Statute §152.01, subdivision 4. 3.8 Drug and Alcohol Testing: The analysis of a body component sample approved by the Commissioner, including blood, breath, and urine, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. 3.9 Drug Paraphernalia: Drug paraphernalia has the meaning set forth in Minnesota Statutes. 3.10 Eligibility for Benefits: Eligibility for benefits shall be determined by Employer- selected insurance contracts. Full-time Employees working the contractual averaged week in a calendar year shall receive benefits as listed in this Agreement. 3.11 Employee: A member of the exclusively recognized bargaining unit, Local No. 243. 2018 – 2019 L.E.L.S. Local #243 Contract 3 City of Apple Valley 3.12 Employee’s Base Pay Rate: Regular earning rate per hour determined by multiplying the current monthly salary by twelve (12) months and dividing the result by two thousand eighty (2080) hours. 3.13 Employer: The City of Apple Valley. 3.14 Grievance: A dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 3.15 Immediate Family: An Employee’s spouse, parent (including step-parent or legal guardian), child (including step-child or foster child), sibling (including step-sibling), grandparent, grandchild, aunt or uncle, parent-in-law, grandparent-in-law, brother or sister-in-law, and son or daughter-in-law. 3.16 Initial Screening Test: A drug or alcohol test which uses a method of anal ysis approved by the Commissioner as being capable of providing data as to the general classes of drugs, alcohol, or their metabolites. 3.17 Negotiation Committee: Two Employees designated by the exclusively recognized bargaining unit, Local 243, and identified to the Employer in writing, to represent Union collective bargaining interests. 3.18 Overtime: Work performed at the express authorization of the Employer in excess of the Employee's scheduled shift(s). 3.19 Positive Test Result: A finding by a laboratory licensed by the State of Minnesota under Minnesota Statutes of the presence of alcohol, drugs or their metabolites in a sample tested in levels at or above the threshold detection levels set by the Commissioner. 3.20 Probationary Period: An Employee shall serve a six (6) month probationary period, commencing on the date of promotion to the rank of Sergeant, or a twelve (12) month probationary period if the Employee has not previously completed an initial twelve (12) month probationary period with the Employer. 3.21 Promotion: Any change in job classification, which results in an increase in pay. 3.22 Reasonable Suspicion: A basis for forming a belief based on articulable facts and rational inferences drawn from those facts. 3.23 Reduction in Work Force: Any non-promotional removal, for any reason, of an Employee from the Classification of Sergeant, excluding discharge or disciplinary demotion. 3.24 Safety Sensitive Position: A job in which impairment caused by drug or alcohol usage would threaten the health or safety of any person. All members of Local No. 243 occupy safety-sensitive positions. 3.25 Scheduled Shift: A continuous work period, including a meal period and rest breaks. 2018 – 2019 L.E.L.S. Local #243 Contract 4 City of Apple Valley 3.26 Split Shift: A non-continuous work period, excluding calls to duty during the Employee’s scheduled off-duty time. 3.27 Under the Influence: Having the presence of a drug or alcohol at or above the level of a positive test result. 3.28 Union: Law Enforcement Labor Services, Inc., Local No. 243. 3.29 Union Member: A member of Law Enforcement Labor Services, Inc., Local No. 243. 3.30 Union Representative: An Officer selected by Law Enforcement Labor Services, Inc., Local No. 243. 3.31 Valid Medical Reason: A. A written prescription or an oral prescription reduced to writing, which satisfies the requisites of Minnesota Statute §152.11, and names the Employee as the person for whose use it is intended; B. The drug was prescribed, administered and dispensed in the course of professional practice by or under the direction and supervision of a licensed doctor, as described in Minnesota Statute §152.12; C. The drug was used in accordance with terms of the prescription; or, D. Over-the-counter medication was used in accordance with terms of the product's directions. ARTICLE IV: EMPLOYER AUTHORITY 4.1 The Employer retains the full and unrestricted right to operate and manage all human resources, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 4.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to establish, modify, or eliminate. ARTICLE V: EMPLOYER SECURITY 5.1 The Union agrees that during the life of this Agreement, that the Union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal function of the Employer. 2018 – 2019 L.E.L.S. Local #243 Contract 5 City of Apple Valley ARTICLE VI: UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees, who authorize such a deduction in writing, an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate two (2) Employees from the bargaining unit to act as Union representatives and shall notify the Employer in writing of the names of such representatives and of their successors. 6.3 The Employer shall permit use of available electronic information systems for posting Union notices and announcements and to make space available, at a City-owned facility for Employee Union meetings when such meetings do not conflict with the operation of the Employer. 6.4 The Employer shall notify all Employees by electronic mail and post to the Local No. 243 electronic mail address all promotional or job transfer opportunities within the Department for at least fourteen (14) calendar days, including the day of posting. 6.5 The Union agrees to indemnify and hold harmless the Employer against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of Section 6.1. ARTICLE VII: SENIORITY 7.1 Departmental Seniority shall be determined by an Employee's total accumulation of service as a licensed peace officer with the Apple Valley Police Department. Employees shall accumulate one (1) day of Departmental Seniority for each calendar day of employment up to a maximum of three hundred sixty-five (365) per year. 7.2 Classification Seniority shall be determined by an Employee’s total accumulation of service with the Department within the rank of Sergeant. Employees shall accumulate one (1) day of Classification Seniority for each calendar day within the rank of Sergeant up to a maximum of three hundred sixty-five (365) per year. 7.3 The Employer shall prepare Classification Seniority and Departmental Seniority lists depicting Employee dates of promotion and hire respectively. The Employer shall post the current lists on the Union’s electronic mail address. 7.4 Accumulation of Classification Seniority shall be suspended upon a break in service within the rank of Sergeant, except pursuant to Article X. 7.5 Accumulation of Classification Seniority upon a break in service of six months or less within the rank of Sergeant shall be retroactive to the initial date of the break in service. 7.6 Employees accepting a position, not covered by this Agreement, shall retain but not accumulate Classification Seniority within the rank of Sergeant. 2018 – 2019 L.E.L.S. Local #243 Contract 6 City of Apple Valley 7.7 During the probationary period, a newly hired or re-hired City Employee may be discharged at the sole discretion of the Employer. During the probationary period, a promoted or re-assigned Employee may be returned to the Employee's previous position at the sole discretion of the Employer. 7.8 Employees shall be given shift assignment preference in order of Classification Seniority within the rank of Sergeant upon completion of the field training process. ARTICLE VIII: REDUCTION OF WORK FORCE 8.1 A reduction in the Sergeants’ work force shall be by inverse order of Classification Seniority. 8.2 Recall from a reduction in the Sergeant’s work force shall be by Classification Seniority within the Classification of Sergeant in inverse order of the reduction. 8.3 The Employer shall not promote an Employee without Classification Seniority within the rank of Sergeant prior to reinstatement of Employees reduced in rank due to a reduction in the Sergeant’s work force. 8.4 An Employee reduced in rank shall be assigned to the Classification of Police Officer; subject to the terms of the Labor Agreement between the City of Apple Valley and Law Enforcement Labor Services, Inc. Local 71 applying to the Classification of Police Officer. ARTICLE IX: WORK HOURS 9.1 Employees shall be scheduled based on a twenty-eight (28) calendar day period in accordance with the 7(k) exemption under the Fair Labor Standards Act (F.L.S.A.). 9.2 The normal work year shall be based on an averaged forty (40) hour work week and shall be accounted for by each Employee through: A. Scheduled shifts; B. Scheduled training; and C. Authorized leave. 9.3 Split shifts shall not be scheduled except by mutual agreement of the Employer and the affected Employee. 9.4 Voluntary shift switching may be arranged between Employees, with Employer approval, provided such switching is not used as the basis for a claim for overtime. 9.5 Employees shall be scheduled with no less than eight (8) hours scheduled off-time between any two (2) adjacent work periods. Employees will be compensated at one and one-half (1½) times the Employee's base pay rate for hours worked with less than eight (8) hours scheduled off-time. Off-time between two adjacent work periods shall be calculated from the scheduled off-duty time of any work period to the scheduled on- duty time of the Employee’s next consecutive work period. 2018 – 2019 L.E.L.S. Local #243 Contract 7 City of Apple Valley Employees may be scheduled with less than eight (8) hours scheduled off-time between any two (2) adjacent work periods during emergency operations. Employees shall not be eligible for compensation at one and one-half (1½) the Employee’s base pay for hours worked with less than eight (8) hours scheduled off-time during emergency operations. The Chief of Police or designee shall notify the Union of the commencement and the termination of emergency operations scheduling, as soon as practical. ARTICLE X: WORKING OUT OF CLASSIFICATION 10.1 Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall be subject to the position’s F.L.S.A. exemption status and receive the salary of the higher classification for the duration of the assignment. ARTICLE XI: OVERTIME 11.1 An Employee will be compensated at one and one-half (1½) times the Employee's base pay rate for hours worked in excess of the Employee's scheduled shift. Changes of shifts do not qualify an Employee for overtime under this Article unless fewer than seven (7) days advance notice is provided to an Employee of the change of the Employee's schedule. 11.2 Overtime will be distributed as equally as practicable. 11.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 11.4 Overtime will be calculated to the nearest twelve (12) minutes. 11.5 Employees have the obligation to report to work if requested by the Employer unless unusual circumstances prevent the Employee from so working. 11.6 An Employee ordered to court during the Employee's scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1½) times the Employee's base pay rate unless the Employee is canceled 24 hours or more prior to the Employee’s ordered arrival time at court. An extension or early report to a regularly scheduled shift does not qualify the Employee for the three (3) hour minimum. 11.7 An Employee called to duty during the Employee's scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1½) times the Employee's base pay rate. An extension or early report to a scheduled shift does not qualify the Employee for the three (3) hour minimum. 11.8 An Employee called to duty for the purposes of training during the Employee's scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one- half (1½) times the Employee's base pay rate if fewer than seven (7) days advance notice is given to an Employee of the change of the Employee's schedule. 2018 – 2019 L.E.L.S. Local #243 Contract 8 City of Apple Valley 11.9 An Employee may request that each hour of time eligible for overtime under this Agreement, in lieu of payment, be accumulated as compensatory time at the rate of one and one-half (1½) hours for each eligible hour, provided that the maximum compensatory time account for each Employee shall not exceed the threshold set forth in Article 34.5(A). An Employee may carry compensatory time from year to year. Employees may, at their discretion, cash-out all, or part of the Employee's compensatory time account at any time throughout the year at the Employee's current base pay rate. 11.10 Non-Employer funded overtime shall be exempt from compensatory time accumulation. The Employer shall exclusively compensate Employees at one and one- half (1½) times the Employee’s base pay rate for each hour of Non-Employer funded overtime. The Employer and the Union, by agreement, may waive the compensatory time exemption. Employee participation in such overtime shall be voluntary. ARTICLE XII: MEAL PERIODS AND REST BREAKS 12.1 While on duty, an Employee is permitted one (1) meal period and two (2) rest breaks. The meal period shall not exceed thirty (30) minutes and each rest break shall not exceed fifteen (15) minutes. 12.2 An Employee shall remain on continuous duty and be available for immediate call during meal periods and rest breaks. ARTICLE XIII: P.O.S.T. TRAINING 13.1 The Employer will provide licensed Employees, as defined by Minnesota Statute, with a minimum of forty-eight (48) hours of Peace Officer Standards and Training (P.O.S.T.) Board approved continuing education, including continuing education mandated by applicable regulatory bodies, during each three-year licensing renewal period. 13.2 The Employer shall pay each Employee's regular salary while attending such Employer-approved continuing education courses. 13.3 The Employer shall pay the Employee’s license fees required by the P.O.S.T. Board up to one hundred fifty (150) dollars. ARTICLE XIV: SCHEDULED TRAINING 14.1 Training hours may be scheduled in lieu of the Employee's scheduled shift. Should the hours of scheduled training and approved travel time be less than the hours of a normal shift, the difference may be rescheduled by the Employer or, at the Employee’s option, deducted from the Employee’s compensatory time, annual leave, or holiday time. 14.2 An Employee scheduled for training, with more than seven (7) days advance notice, during the Employee's scheduled off-duty time shall receive a minimum of three and one half (3½) hours pay at the Employee's base pay rate. 2018 – 2019 L.E.L.S. Local #243 Contract 9 City of Apple Valley 14.3 An Employee may schedule a day off in exchange for a training day worked during the applicable bid period. No changes in the agreement shall result in overtime in accordance with the 7(k) exemption under the Fair Labor Standards Act (F.L.S.A.). ARTICLE XV: ANNUAL LEAVE 15.1 All Employees shall be covered under the annual leave provision of this Agreement. 15.2 Employees shall earn annual leave in accordance with the following schedule. An Employee's initial date of employment shall be used to determine the appropriate hours of annual leave to be accrued. A. 0 - 5 years 4.62 hours per 2 weeks of work (3 weeks annually) B. 6 - 10 years 6.16 hours per 2 weeks of work (4 weeks annually) C. 11 - 15 years 7.69 hours per 2 weeks of work (5 weeks annually) D. 16 - 20 years 8.31 hours per 2 weeks of work (5.4 weeks annually) E. 21+ years 9.23 hours per 2 weeks of work (6 weeks annually) 15.3 Annual leave shall be taken either as planned leave, which will be scheduled in advance, pursuant to Article XVII herein, requiring Employer approval, or unplanned leave which will require notification of the Employer in a timely manner prior to the Employee's scheduled shift. An Employee shall not be eligible to use more than double the amount of planned annual leave earned in a calendar year without prior approval of the City Council. 15.4 An Employee shall not earn annual leave for any period during which the Employee is not being paid. An Employee shall not be eligible to be compensated for annual leave, or earn additional annual leave during the time an Employee is receiving disability insurance payments. 15.5 Annual leave may not accrue in excess of the threshold set forth in Article 33.5(A). Any hours in excess of the threshold shall be forfeited. 15.6 If use of unplanned annual leave clearly suggests abuse, the Employer shall notify the Employee of this concern. The Employer may request at any time, based upon reasonable suspicion of continued suggested abuse, that an Employee provide a medical doctor’s statement indicating verification of illness and/or ability to return to work. 15.7 An Employee, who has an accrued and unused balance of 136 or more hours of annual leave, may make an irrevocable election annually by December 31, to receive cash compensation in lieu of up to 16 hours of annual leave earned in the subsequent year.. Such election shall be made in writing in a format determined by the city and received in Human Resources by December 31. Upon making such election, annual leave earned beginning the start of the first pay period in January of the subsequent year, up to the amount elected by the Employee, 2018 – 2019 L.E.L.S. Local #243 Contract 10 City of Apple Valley shall not be credited to the Employee's annual leave bank, but instead shall be paid to the employee at the employee's base pay rate on the earliest of: 1) When requested by the Employee on one regular pay check in the calendar year subsequent to the Employee's election, provided the elected number of hours have been earned; or 2) The first pay check in December of the year subsequent to the Employee's election; or 3) Upon the Employee's separation from employment. 15.8 An Employee who leaves the employment of the Employer in good standing shall be compensated for all accrued and unused annual leave at the time of separation of employment. 15.9 An Employee shall not be permitted to waive annual leave for the purpose of receiving double pay. ARTICLE XVI: HOLIDAY LEAVE 16.1 The Employer determines Employee work schedules without regard for days generally observed by the Employer as holidays. On January 1 of every year each Employee shall be credited with ninety-six (96) hours of holiday leave time in a holiday leave account in lieu of holidays. 16.2 Holiday leave time shall not accumulate from year to year. Up to eighty-eight (88) hours of holiday leave time remaining in the Employee's holiday leave account on December 31 shall be cashed-out at the Employee's current base pay rate. Any hours greater than eighty-eight (88) remaining in the Employee's holiday leave bank on December 31 shall be forfeited. 16.3 Holiday leave for a new Employee, or an Employee leaving employment, shall be appropriately pro-rated to reflect the actual holidays observed by the Employer as of the date of the event affecting employment status. If an Employee leaving employment has taken more holiday leave than the appropriate pro-rated amount, the difference shall be deducted from the Employee’s final paycheck. 16.4 An Employee scheduled to work during any hours of the following eleven (11) dates shall be paid for each hour actually worked at one and one-half (1½) times the Employee's base pay rate. References to holidays in this Agreement shall refer to the dates of observance listed below. Date Observed Holiday 2018 2019 New Year's Day January 1 January 1 Martin Luther King Day January 15 January 21 Presidents' Day February 19 February 18 2018 – 2019 L.E.L.S. Local #243 Contract 11 City of Apple Valley Memorial Day May 28 May 27 Independence Day July 4 July 4 Labor Day September 3 September 2 Veterans Day November 11 November 11 Thanksgiving November 22 November 28 Day after Thanksgiving November 23 November 29 Christmas Eve December 24 December 24 Christmas Day December 25 December 25 16.5 An Employee called in to work on a holiday, when according to the normally posted schedule the employee was not scheduled for the holiday, or who has their shift extended on a holiday, shall be paid for each hour actually worked at two (2) times the Employee’s base pay rate. An Employee called in to work on a double-time holiday, when according to the normally posted schedule the employee was not scheduled for the holiday, or who has their shift extended on a double-time holiday, shall be paid for each hour actually worked at two and one-half (2.5) times the Employee’s base pay rate. 16.6 An Employee scheduled to work on Independence Day, Thanksgiving, Christmas Eve, or Christmas Day, shall be compensated at two (2) times the Employee’s base pay rate for each hour actually worked. Double time payment under this paragraph shall apply to all hours actually worked during the scheduled shift, if four (4) or more hours of the shift occur on the holiday. 16.7 An Employee scheduled for training during any hours of the above holidays shall be paid for each hour of actual training at one and one-half (1½) times the Employee's base pay rate. ARTICLE XVII: PLANNED ANNUAL AND HOLIDAY LEAVE SELECTION 17.1 All planned leave requests shall be submitted in writing. Planned annual leave may be denied or approval withdrawn when the granting of such planned leave would result in insufficient personnel to carry out necessary functions as deemed appropriate by the Employer. 17.2 Planned leave periods of forty (40) hours or more shall be requested at least thirty (30) calendar days in advance. 17.3 Any planned leave request made at least thirty (30) calendar days in advance, if approved, shall be granted on the basis of seniority. To comply with this Section, the Employer shall withdraw approvals previously granted, if necessary, because of a later request from a more senior Employee. 2018 – 2019 L.E.L.S. Local #243 Contract 12 City of Apple Valley 17.4 Planned leave requests made less than thirty (30) calendar days in advance, if approved, will be approved on a first come, first served basis. 17.5 Planned leave requests of forty (40) hours or more, made at least thirty (30) calendar days in advance shall supersede requests of less than forty (40) hours. To comply with this Section, the Employer shall withdraw approvals previously granted, if necessary. A senior Employee shall be notified and have one (1) scheduled shift to expand a superseded request to forty (40) hours or more to preserve the original request. 17.6 Before March 15 of each calendar year Employees shall have the opportunity to reserve, by seniority, one continuous period of planned leave for the current year. A. Reservations shall take precedence over all other requests and may only be withdrawn if no other Employee’s reservation was superseded. B. Employees may postpone reserving a continuous period of planned leave. A postponed reservation may be exercised at any time. A postponed reservation shall take precedence over any subsequent planned leave requests. 17.7 Planned leave requests granted by the Employer under Section 17.4 shall not supersede those granted under Sections 17.2 and 17.3. 17.8 Employees’ normally scheduled days off shall not be changed to accommodate planned leave requests made less than seven (7) calendar days in advance except by mutual agreement of the affected Employee(s). If no agreement is reached, the request for leave shall be denied. 17.9 Employees may post planned leave requests on the Union’s electronic mail address at the Department. ARTICLE XVIII: BEREAVEMENT LEAVE 18.1 An Employee shall be allowed up to three (3) days of bereavement leave in the event of a death in the Employee's immediate family. 18.2 The Employer or Employer’s designee is responsible for approving or denying requests for bereavement leave. Bereavement leave shall not be charged against an Employee's leave balance. ARTICLE XIX: JURY DUTY LEAVE 19.1 Employees shall be granted jury duty leave as provided by Minnesota Statutes. 19.2 Employees shall be granted an amount of compensation, which will equal the difference between the Employee's regular base pay and per diem compensation received from jury duty. This shall not include reimbursement for expenses incurred as the result of jury duty. 2018 – 2019 L.E.L.S. Local #243 Contract 13 City of Apple Valley ARTICLE XX: MILITARY LEAVE 20.1 Employees shall be granted military leave as provided by Minnesota Statutes and Federal Law. ARTICLE XXI: INJURED ON DUTY 21.1 An Employee, who in the ordinary course of employment, while acting in a reasonable and prudent manner and in compliance with established rules and procedures of the Employer, is injured during the performance of the Employee's duties and thereby unable to work, shall be paid the difference between the Employee's regular pay and the workers' compensation insurance payments for a period not to exceed seven hundred twenty (720) scheduled working hours per injury, not charged to the Employee's annual leave, holiday leave, compensatory time balance, or other accumulated paid benefits. Any injury that does not result in compensation under the workers' compensation law shall not be compensable under this Article. ARTICLE XXII: INSURANCE 22.1 The Employer will contribute up to a maximum of nine hundred twenty ($930) per month per Employee in 2018 toward the cost of Employer selected group health, life, and dental insurance for full-time Employees enrolled in a Copay Health Plan. The Employer will contribute up to a maximum of one thousand one hundred eighty ($1,240) per month per Employee in 2018 toward the cost of Employer selected group health, life, and dental insurance for full-time Employees enrolled in a High Deductible Health Plan. Employees enrolled in a High Deductible Health Plan in 2018 will receive an additional $80 per month contribution to the Employee’s HRA or HSA. This incentive is above and in addition to the regular Employer Contribution amount. An Employee may request either thirty (30) or sixty (60) dollars per month of the excess contribution be paid directly to the Employee monthly. For 2019, this section shall be subject to a contract re-opener. 22.2 The Employer at the Employer's cost, shall place into effect customary Police Professional Liability insurance, which includes coverage for punitive damages and Employer-approved extra-duty employment as a police officer within the City of Apple Valley. Such insurance shall have limits at least in the amounts of two hundred thousand (200,000) dollars each person, five hundred thousand (500,000) dollars each occurrence, and seven hundred fifty thousand (750,000) dollars annual aggregate. The Employer shall provide a copy of the insurance policy to the Union. 22.3 The Employer will place into effect a short-term disability insurance policy to be effective following one hundred twenty (120) hours of continuous absence due to illness or injury. An Employee shall be eligible to collect the short term disability benefit until the Employee becomes eligible for long term disability or six (6) months following the date of the qualifying injury or illness, whichever occurs first. The 2018 – 2019 L.E.L.S. Local #243 Contract 14 City of Apple Valley Employer may request at any time an Employee provide a medical doctor's statement including verification of illness and/or ability to return to work. 22.4 An Employee shall be eligible to continue to receive the Employer’s insurance contribution, in accordance with Article XXII, toward the purchase of group insurance during the period of time the Employee is receiving short term disability insurance benefits, not to exceed six (6) months from the qualifying date of illness or injury. 22.5 The Employer will, upon request, pay the Employer contribution amount due to Public Employees Retirement Association (PERA) for an Employee's purchase of service credit and salary from an authorized short term disability leave of absence if all of the following conditions are met: 1) The request is received by the Employer no later than 120 days after the end of the Employee's authorized short term disability leave of absence; and 2) The Employee has returned to full, unrestricted duty actively working a regular full- time schedule with the Employer; and 3) The Employee provides the Employer with evidence of payment of the Employee contribution amount due to PERA. 22.6 Employees shall, subject to applicable provisions of the IRS code, pay the tax on their portion of the premium for the long-term disability plan the City offers. This section shall not apply to Employees who are members of the bargaining unit prior to January 1, 2010 and do not currently pay the tax on their portion of the long-term disability premium. ARTICLE XXIII: UNIFORMS 23.1 The Employer shall furnish to each new Employee the Employer-required uniform and related parts. The Employer shall furnish each Employee with soft body armor and replace such armor at the beginning of the sixth year of wear, at the end of the manufacturer’s warranty period, as needed due to wear and tear of the soft body armor, or whichever comes first. The selection of soft body armor will be a cooperative effort between the Employer and the affected Employees. Final selection of soft body armor will be the discretion of the Employer. 23.2 The Employer shall pay a uniform allowance to each Employee in the annual amount of nine hundred fifty ($950) dollars. An Employee must have successfully completed a twelve (12) month probationary period with the Employer prior to receiving the uniform allowance benefit and then shall be eligible for the appropriate pro-rated amount for the remainder of that calendar year. 23.3 The Employee shall be responsible for the continued upkeep and maintenance of the initially issued Employer-required uniform and related parts from the proceeds of the uniform allowance. Any amount not used for this purpose shall be used for any other clothing or equipment used in the course of employment. 2018 – 2019 L.E.L.S. Local #243 Contract 15 City of Apple Valley 23.4 The Employer shall pay a cash allowance to each Employee in the annual amount of one hundred ($100) dollars for the replacement of personal items damaged, destroyed or lost during the performance of the Employee's duties. An Employee must have successfully completed a twelve (12) month probationary period with the Employer prior to receiving the uniform allowance benefit and then shall be eligible for the appropriate pro-rated amount for the remainder of that calendar year. 23.5 Employees shall return the Employer-issued badges, access card, handgun and magazines, portable radio, keys, and soft body armor upon separation of employment with the City of Apple Valley. The Employer requests the return of any other serviceable items. 23.6 Employees shall return Employer-owned, non-uniform equipment upon separation of employment with the City of Apple Valley. ARTICLE XXIV: EXPENSE REIMBURSEMENT 24.1 An Employee required to perform duties outside the city limits of the City of Apple Valley shall be reimbursed for travel expenses and meals at the same rates applicable to other Employees of the Employer. ARTICLE XXV: CIVIL COURT 25.1 Employees shall be compensated in accordance with Article XII of this Agreement for civil court proceedings and trials, provided all of the following conditions are met: A. Officer must be subpoenaed to appear in civil court for a trial. B. Employer determines that the subpoena is directly related to a case in which the officer was involved. C. All compensation received by the Employee is turned over to the Employer. ARTICLE XXVI: INTERNAL AFFAIRS 26.1 Employee Representation: Employees shall not be questioned concerning an investigation that could ultimately result in disciplinary action, unless the Employee has been given a reasonable opportunity to have an attorney or Union representative present. 26.2 Forms of Discipline: The Employer shall discipline Employees for just cause only. Discipline will be in one or more of the following forms: A. Oral Reprimand B. Written Reprimand C. Suspension D. Reassignment E. Demotion 2018 – 2019 L.E.L.S. Local #243 Contract 16 City of Apple Valley F. Discharge 26.3 Coaching: The Employer may choose to coach an Employee in lieu of discipline. 26.4 Internal Affairs Investigation Timeline: The Employer shall complete Internal Affairs Investigations within fifty-six (56) calendar days from the date a written complaint is filed with or by the Employer. A. The Employer shall have fourteen (14) calendar days from the date the Employer became aware of an incident to file a written complaint. B. The Employer may re-open a concluded Internal Affairs Investigation upon discovery of significant new evidence. A re-opened Internal Affairs Investigation shall be completed within forty-five (45) calendar days from the date the Employer became aware of the significant new evidence. C. The Employer may request in writing an extension of an Internal Affairs Investigation or a re-opened Internal Affairs Investigation. The Employer’s request for extension shall state the specific reasons an extension is necessary and an anticipated completion date. The length of the requested extension shall be directly related to the circumstances involved. D. The Union shall not withhold an extension based upon reasonable circumstances. The Union shall respond to an extension request in writing and state the specific reasons for an extension denial. The Employer may request additional extensions. E. The Employer may appeal an extension request denied by the Union. 1. The Employer shall present the written request for extension to the City Administrator or designee stating the specific reasons an extension is necessary and an anticipated completion date. The City Administrator or designee shall grant the Union a reasonable opportunity to oppose the granting of an extension. 2. The City Administrator or designee shall grant, deny, or modify the Employer’s request for extension. 3. An extension, denied by the Union and subsequently granted by the City Administrator or designee, shall be subject to Arbitrator review only in a grievance arbitration of Notices of Oral Reprimand, Written Reprimand, Suspension, Reassignment, Demotion, and Discharge. F. In the case of a criminal investigation, there shall be no timeline. The Employer shall have fourteen (14) calendar days from the conclusion of the criminal process to file a written complaint. G. The Employer shall review the Internal Affairs investigative report and notify the Employee of any action to be taken within seven (7) calendar days of receiving the completed investigative report. The Chief of Police shall 2018 – 2019 L.E.L.S. Local #243 Contract 17 City of Apple Valley document, in the report, the date the completed Internal Affairs investigative report was received for review. 26.5 Disciplinary Action Documentation: Notices of Oral Reprimand, Written Reprimand, Suspension, Reassignment, Demotion, and Discharge will be documented in written form and will state the reason(s) for the action taken. The Employee shall be provided with a copy of each such Notice. 26.6 Disciplinary Action Acknowledgement: Notices of Oral Reprimand, Written Reprimand, Suspension, Reassignment, Demotion, and Discharge that are to become part of an Employee’s personnel file shall be read and acknowledged by signature of the Employee. 26.7 Disciplinary Action Removal: Notices of Reprimand, Suspension, Reassignment, and Demotion shall be removed from an Employee's personnel file: A. Notices of Oral Reprimand shall be removed from an Employee's personnel file within two (2) years from the date of issue. B. Notices of Written Reprimand shall be removed from an Employee's personnel file within two (2) years from the date of issue. C. Notices of Suspension of less than forty (40) hours shall be removed from an Employee's personnel file within three (3) years from the date of issue. D. Notices of Suspension of forty (40) hours or more, Reassignment, and Demotion shall be removed from an Employee's personnel file within five (5) years from the date of issue. E. Notices of Reprimand, Suspension, Reassignment, and Demotion considered in future disciplinary actions shall be referenced in the future disciplinary action’s documentation. F. Notices of Reprimand, Suspension, Reassignment, and Demotion considered in future disciplinary actions shall not be removed from the Employee’s personnel file prior to removal of the referencing Notices of Reprimand, Suspension, Reassignment, and Demotion. 26.8 Transfer to Chief of Police: Notices of Reprimand, Suspension, Reassignment, and Demotion removed from an Employee's personnel file shall be transferred to and retained by the Chief of Police. 26.9 Future Disciplinary Action Consideration: Notices of Reprimand, Suspension, Reassignment, and Demotion retained by the Chief of Police, may be considered in future disciplinary actions. 26.10 Disciplinary Grievances: Grievances relating to this Article may be initiated by the Union in Step 2 of the Grievance Procedure. An Employee claiming a violation concerning the interpretation or application of this Agreement relating to this Article shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance in writing to the Chief of Police or designee. 2018 – 2019 L.E.L.S. Local #243 Contract 18 City of Apple Valley 26.11 Personnel File Examination: Employees may examine their individual personnel files at reasonable times under the direct supervision of the Employer. ARTICLE XXVII: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 27.1 Union Representatives: The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. 27.2 Processing of a Grievance: It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 27.3 Filing of Grievance: The Union Representative shall file grievances on behalf of Local No. 243. 27.4 Waivers and Extensions: By mutual written agreement, the City and the Union may waive any step or extend any time limit in the grievance procedure. Such waiver or extension shall not be unreasonably withheld. 27.5 Grievance Procedure: Grievances shall be resolved in conformance with the following procedure: Step 1: An Employee alleging a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance in writing to the Employee's supervisor. The Employee’s supervisor will discuss and give an answer in writing to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision(s) of the Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employee’s supervisor’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered settled on the basis of the Employer's last answer. Step 2: If appealed, the written grievance shall be presented by the Union and discussed with the Chief of Police or designee. The Chief of Police or designee shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. 2018 – 2019 L.E.L.S. Local #243 Contract 19 City of Apple Valley A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Chief of Police’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered settled on the basis of the Employer's last answer. Step 3: If appealed, the written grievance shall be presented by the Union and discussed with the City Administrator or designee. The City Administrator or designee shall give the Union the Employer's Step 3 answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the City Administrator’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered settled on the basis of the Employer's last answer. Step 3A: If a grievance still remains unsettled, the parties may, by mutual agreement, choose to seek mediation services through the Bureau of Mediation Services or through an independent, mutually acceptable, mediation service prior to submitting the grievance to arbitration. Step 4: A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 27.6 Arbitrator's Authority: A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 2018 – 2019 L.E.L.S. Local #243 Contract 20 City of Apple Valley 27.7 Grievance Waiver or Settlement: A grievance not presented within twenty-one (21) calendar days or any agreed extension thereof, shall be considered waived. A grievance not appealed to the next step within ten (10) calendar days or any agreed extension thereof, shall be considered settled on the basis of the Employer's last answer. 27.8 Treatment of Employer Response: A grievance or grievance appeal not answered by the Employer within ten (10) calendar days or any agreed extension thereof, may be appealed to the next step or shall be considered settled on the basis of the Employer's last answer. 27.9 Choice of Remedy: A. If, as a result of the written Employer response in Step 3, the grievance remains discharge of an Employee, who has completed the required probationary unresolved, and if the grievance involves the suspension, demotion, or period, the grievance may be appealed either to Step 4 of Article XXVII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article XXVII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article XXVII. The aggrieved Employee shall indicate in writing which procedure is to be utilized, Step 4 of Article XXVII or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4 of Article XXVII. B. Except with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission, an Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this grievance procedure. Should a court of competent jurisdiction rule contrary to Board of Governors, “EEOC v. Board of Governors of State Colleges and Universities, 957 F.2d 424 (7th Cir.), cert. Denied, 506 U.S. 906, 113 S. Ct. 299 (1992), or if the Board of Governors is judicially or legislatively overruled, Section 28.10 (b) shall be deleted from this Agreement. ARTICLE XXVIII: DRUG AND ALCOHOL TESTING 28.1 Purpose: The purpose of this article is to provide written guidelines in compliance with applicable Minnesota Statutes for requesting or requiring Employees to undergo drug and/or alcohol testing. The Employer prohibits the possession, consumption, sale, transfer or being under the influence of alcohol or illegal drugs during work hours except when approved by the Employer as a proper law enforcement activity. 28.2 Work Rules: 2018 – 2019 L.E.L.S. Local #243 Contract 21 City of Apple Valley A. No Employee shall be under the influence of any drug or alcohol while the Employee is working or while the Employee is on the Employer's premises or operating the Employer's vehicles, machinery, or equipment, except pursuant to a valid medical reason, or, when approved by the Employer as a proper law enforcement activity. B. No Employee shall use, possess, manufacture, distribute, dispense, sell or transfer drugs, alcohol or drug paraphernalia while the Employee is working or while the Employee is on the Employer's premises or operating the Employer's vehicles, machinery or equipment, except pursuant to a valid medical reason, or, when approved by the Employer as a proper law enforcement activity. C. No Employee, while on duty, shall engage or attempt to engage or conspire to engage in conduct, which would violate any law or ordinance concerning drugs or alcohol, regardless of whether a criminal conviction results from the conduct. D. An Employee shall notify the Employer in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than seven (7) calendar days after such conviction. The Employer shall notify the appropriate federal agency of such conviction within fourteen (14) calendar days of receiving notice from the Employee. 28.3 Persons Subject To Testing: All Employees are subject to testing under applicable sections of this article. The Employer will request or require an Employee to undergo drug or alcohol testing only under the circumstances described in this article. 28.4 Circumstances for Drug or Alcohol Testing: A. Reasonable Suspicion Testing: The Employer may request or require an Employee to undergo drug and alcohol testing if the Employer has a reasonable suspicion related to the Employee's job performance that the Employee: 1. Is under the influence of drugs or alcohol while the Employee is working, or is on the Employer's premises, or operating the Employer's vehicles, machinery, or equipment. 2. Has violated the Employer's Work Rules as per Section 28.2 regarding use, possession, sale or transfer of drugs, alcohol or drug paraphernalia while the Employee is working, or is on the Employer's premises, or operating the Employer's vehicles, machinery or equipment. 3. Has discharged a firearm other than in the following instances: a. On an established target range; b. While conducting authorized ballistic tests; c. While engaged in lawful recreational hunting or shooting activities; d. While shooting an injured animal as part of official duties. 2018 – 2019 L.E.L.S. Local #243 Contract 22 City of Apple Valley 4. Has been involved in a police vehicle pursuit as defined by Department rules and regulations during which a disregard for work rules, personal safety, safety of others, or a lack of appropriate judgment has been exhibited. 5. Has sustained a personal injury as defined in Minnesota Statute §176.011, subdivision 16, or has caused another person to die or sustain a personal injury. 6. Has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident resulting in total property damage exceeding one thousand (1,000) dollars as estimated by a Department supervisor at the scene of the accident or at the time the accident is reported. 7. Has, as determined only by the Police Chief, or designee, or the City Administrator, engaged in an act or omission related to the performance of the job, committed on duty, or off duty involving illegal drugs that logically requires or justifies such testing, revealed as a clear and compelling necessity by the nature of the incident B. Treatment Program Testing: The Employer may request or require an Employee to undergo drug and/or alcohol testing if the Employee has been referred by the Employer for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an Employee benefit plan, in which case the Employee may be requested or required to undergo drug and/or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. C. Random Testing: Random testing is prohibited. 28.5 Refusal to Undergo Testing: A. An Employee has the right to refuse to undergo drug and alcohol testing. If an employee refuses to undergo drug or alcohol testing requested or required by the Employer, no such test shall be given. B. Consequences of Refusal: If an Employee refuses to undergo drug or alcohol testing requested or required by the Employer, the Employee shall be discharged from employment on grounds of insubordination. C. Refusal on Religious Grounds: An Employee who refuses to undergo drug or alcohol testing of a blood sample based on religious grounds shall not be deemed to have refused if the Employee submits to a urine sample. However, if the Employee also refuses to undergo drug or alcohol testing of a urine sample, the Employee shall be deemed to have refused to submit to drug or alcohol testing and shall be subject to the provisions of Section 28.5 (b). 28.6 Procedure for Testing: 2018 – 2019 L.E.L.S. Local #243 Contract 23 City of Apple Valley A. Notification Form: At the time the Employer requests an Employee to undergo drug or alcohol testing, the Employer shall provide the individual with a form on which to: 1. Acknowledge the individual has seen a copy of the Employer's drug and alcohol testing article; and, 2. Indicate consent to undergo the drug and alcohol testing. B. Test Sample: The test sample shall be obtained in a private setting and the procedures for taking the sample shall ensure privacy to Employees to the extent practicable, consistent with preventing tampering with the sample. All test samples shall be obtained by or under the direct supervision of a health care professional at a medical facility or by a licensed collection service of the Employer's selection. C. Identification of Samples: Each blood or urine sample shall be sealed in a suitable container free of any contamination that could affect test results, and be properly identified with the individual that provided the sample pursuant to the identification procedures of the testing facility. D. Chain of Custody: The testing facility shall maintain a written record of the chain of custody of the sample to ensure proper handling. E. Laboratory: All drug and alcohol testing shall use the services of a testing laboratory qualifying under Minnesota Statute, however, no test shall be conducted by a testing laboratory owned and operated by the City of Apple Valley. F. Methods of Analysis: The testing laboratory shall use methods of analysis and procedures to assure reliable drug and alcohol testing results, including standards for initial screening tests and confirmatory tests. G. Retention and Storage: All samples that produced a positive test result, except breath samples from an initial screening test, shall be retained and properly stored by the testing facility for at least six (6) months. H. Test Result: The testing laboratory is required to prepare a written report indicating the drugs, alcohol, or their metabolites tested for, the types of tests conducted and whether the test produced negative or positive test results. The testing laboratory shall disclose that report to the Employer within three (3) calendar days after obtaining a negative result on the initial screening test or, if the initial test was positive, within three (3) calendar days after a confirmatory test. I. Notice of Test Results: Within three (3) working days after receiving the test result from the testing laboratory, the Employer shall inform, in writing, an Employee who has undergone drug or alcohol testing of: 2018 – 2019 L.E.L.S. Local #243 Contract 24 City of Apple Valley 1. A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test. 2. The right to request and receive from the Employer a copy of the test result report. 3. The right to submit information to the Employer after notice of a positive test result to explain that result. The Employer may request the Employee indicate any prescription or non-prescription medications the Employee is currently taking, has recently taken, or any other information relevant to the reliability of or explanation for a positive test result. 4. The right to submit a written notice to the Employer within five (5) working days after notice of a positive test result, that the Employee intends to obtain a confirmatory re-test of the original sample at the Employee's own expense at the original laboratory or another licensed testing laboratory. If a confirmatory re-test is conducted in accordance with Minnesota Statutes, and the confirmatory re-test does not result in a positive test result the City shall reimburse the Employee the actual cost of the confirmatory re-test and there shall be no adverse employment action based on the original confirmatory test. J. Notice to Employees Receiving Positive Test Results on a Confirmatory Test: An Employee receiving a positive test result on a confirmatory test shall be notified by the Employer of the following rights of the Employee. This notice shall be provided to the Employee within three (3) working days after receipt of the test result. 1. First Positive Test Result: a. The Employer may discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employee. However, the Employer may not discharge the Employee from employment unless the following conditions have occurred: i. The Employer has first given the Employee an opportunity to participate in, at the Employee's own expense or pursuant to coverage under an Employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the Employer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and ii. If the Employee refuses to participate in the counseling or rehabilitation program, the Employer shall suspend the Employee from employment without pay for five (5) working days to provide the Employee an opportunity to 2018 – 2019 L.E.L.S. Local #243 Contract 25 City of Apple Valley reconsider the Employee's decision. If at the conclusion of the Employee's suspension without pay, the Employee has not begun to participate in the counseling or rehabilitation program, the Employee shall be discharged from employment, or iii. If the Employee has failed to successfully complete the counseling or rehabilitation program, the Employee shall be discharged from Employment. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence the Employee failed to successfully complete the program. b. However, the Employer may discipline but not discharge an Employee for whom a positive test result on a confirmatory test was the first such result for the Employee, if the Employer determines that no counseling or rehabilitation program is appropriate. 2. Second Positive Test Result: a. Where an Employee tests positive on a confirmatory test for the second time for alcohol or drug abuse of a legal substance, which prevents the Employee from performing the functions of the job or constitutes a direct threat to property or safety of others, the Employer may discipline the employee up to and including discharge. b. Where an Employee tests positive on a confirmatory test for the second time for drug use of a controlled substance, the Employer shall immediately discharge the Employee from employment. 3. An Employer may temporarily suspend the tested employee or transfer that Employee to another position at the same rate of pay pending the outcome of the confirmatory test and confirmatory re-test, if requested, provided the Employer believes it is reasonably necessary to protect the health or safety of the Employee, co-Employees, or the public. An Employee who has been suspended without pay must be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory re-test is negative. 4. An Employer may not discharge, discipline, discriminate against, or request or require rehabilitation of an Employee on the basis of medical history information revealed to the Employer pursuant to Section 28.6 (i)(3) unless the Employee was under an affirmative duty to provide the information before, upon, or after hire. 5. An Employee must be given access to information in the Employee's medical personnel file relating to positive test result reports and other 2018 – 2019 L.E.L.S. Local #243 Contract 26 City of Apple Valley information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or other acquired information. 28.7 Employer Actions: A. The Employer will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from the initial screening test that has not been verified by a confirmatory test. B. The Employer shall observe Employee rights under applicable sections of this Article. C. Nothing in this article limits the right of the Employer to discipline or discharge an Employee on grounds other than those set forth in Section 28.6 (j). 28.8 Data Privacy: A. All data collected, including that in the notification form and the test report, is intended for use in determining the suitability of the employee for employment. The employee may refuse to supply the requested data; however, refusal to supply the requested data may affect the person's employment status. B. The Employer will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another Employer or to a third party individual, governmental agency, or private organization except in the following situations: 1. Written consent for the release of data by the tested Employee; 2. Pursuant to court order; 3. For use in an arbitration proceeding pursuant to a collective bargaining agreement; 4. For use in an administrative hearing pursuant to Minnesota Statutes; 5. For use in a judicial proceeding; 6. Disclosure to a federal agency as required by federal law; 7. Disclosure to a substance abuse facility. C. Test results may not be used as evidence in a criminal proceeding against the Employee. 28.9 Grievances: In the event of an alleged violation of this Article, the Employee may file a grievance in accordance with Article XXVII, Employee Rights – Grievance Procedure. This right shall be in accordance with Minn. Stat. § 181.956. ARTICLE XXIX: CONTINUING EMPLOYMENT QUALIFICATIONS 29.1 An Employee whose Minnesota Board of Peace Officer Standards and Training license to act as a peace officer has been revoked shall, at a minimum, be suspended without pay during that period, and may, based on the reasons for revocation, be dismissed. 2018 – 2019 L.E.L.S. Local #243 Contract 27 City of Apple Valley ARTICLE XXX: WAIVER 30.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. 30.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXXI: SAVINGS CLAUSE 31.1 This Agreement is subject to law. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the request of either party. ARTICLE XXXII: MONTHLY SALARIES 32.1 Employees shall be paid monthly salaries: 12/23/17 12/22/18 Starting Sergeant $ 7,869 $ 8,105 After 12 months continuous service $ 8,261 $ 8,509 After 24 months continuous service $ 8,559 $ 8,816 32.2 One (1) percent shall be added to the Employee’s base pay rate for remaining tobacco free. 32.3 One (1) percent shall be added to the Employee’s base pay rate for completing an annual physical and recommended preventive screenings before the prior December 1 each calendar year. In order to be eligible for the additional base pay compensation under this section, the Employee shall provide to the Employer certification that the Employee has completed the applicable examination within the previous 12 months. The certification shall be signed by a qualified healthcare provider appropriate to make such certification. 2018 – 2019 L.E.L.S. Local #243 Contract 28 City of Apple Valley 32.4 One-half (0.5) percent shall be added to the Employee’s base pay rate for completing an annual dental preventive exam before the prior December 1 each calendar year. In order to be eligible for the additional base pay compensation under this section, the Employee shall provide to the Employer certification that the Employee has completed the applicable examination within the previous 12 months. The certification shall be signed by a qualified healthcare provider appropriate to make such certification. 32.5 In addition to the base pay rate, an Employee assigned by the Employer to the detective unit will receive an additional 5% of the Employee's current hourly pay rate when assigned. This amount will be pro-rated for an assignment of less than a full month. 32.6 Salary changes are related to continuous months of service. A. The effective date for an Employee's salary change shall be the anniversary date of promotion. B. The Employer operates a bi-weekly payroll system and the effective date for salary changes occurring in the first week of the pay period shall be the first day of that pay period and that the effective date of salary changes occurring in the second week of the pay period shall be the first day of the next pay period. C. General raises shall become effective at the beginning of the pay period closest to January 1. 32.7 The Employer shall have the sole authority to determine the appropriate step placement for a newly hired or promoted Employee. ARTICLE XXXIII: HEALTH CARE SAVINGS PLAN 33.1 Establishment: The Employer shall implement a tax-advantaged Health Care Savings Plan (HCSP), effective January 1, 2016, administered by Minnesota State Retirement System (MSRS). The Health Care Savings Plan is designed specifically to address future healthcare-related costs of Employees after separation from employment. The Health Care Savings Plan shall allow Employees, as a group, through the collective bargaining process to designate pre-tax compensation to pre-fund eligible post-employment expenses. Contributions, interest and gains, and withdrawals from the Health Care Savings Plan shall be tax-free to the fullest extent possible under state and federal statute. 33.2 Authorization and Administration: The Health Care Savings Plan (HCSP) is administered by Minnesota State Retirement System (MSRS). The HCSP is an employer- sponsored program that allows employees to invest in a tax-free medical savings account while employed by a Minnesota public employer. Minnesota State Statute authorizes MSRS to offer this program to governmental employees in Minnesota including city, state, county, school districts, and governmental subdivisions. 2018 – 2019 L.E.L.S. Local #243 Contract 29 City of Apple Valley 33.3 Participation: Participation in the HCSP shall be mandatory for all Employees. 33.4 Contribution Calculations: Contributions to the HCSP, based upon Employee hours, shall be calculated using the Employee’s appropriate pay rate at the time of conversion. Contributions are mandatory. 33.5 Contribution Methodology: Funding of the HCSP shall be in accordance with established contribution methods: A. Compensatory Time and Annual Leave Contributions: One hundred (100) percent of compensatory time hours over eighty (80) and one hundred (100) percent of annual leave hours over seven hundred ninety (790) shall be deposited into the Employee’s HCSP account. B. Salary Contributions: Employee salary contributions -- a function of years of service and corresponding percentage -- shall be deposited into the Employee’s HCSP account. 1. Employees with less than ten (10) years of Departmental Seniority shall contribute one-quarter (¼) percent of the Employee’s gross earnings per pay period. 2. Employees with more than ten (10) years and less than fifteen (15) years of Departmental Seniority shall contribute one-half (½) percent of the Employee’s gross earnings per pay period. 3. Employees with more than fifteen (15) years and less than twenty (20) years of Departmental Seniority shall contribute three-quarters (¾) percent of the Employee’s gross earnings per pay period. 4. Employees with more than twenty (20) years and less than twenty-five (25) years of Departmental Seniority shall contribute one (1) percent of the Employee’s gross earnings per pay period. 5. Employees with more than twenty-five (25) years of Departmental Seniority shall contribute one and one-quarter (1¼) percent of the Employee’s gross earnings per pay period. 33.6 Contribution Methodology Changes: The intent of the HCSP is for Employees to determine the contribution methodology within reasonable parameters established by the Employer. Contribution methodology changes shall be a cooperative effort between Employees and Employer. The Union may request, prior to the expiration of this Agreement, modification of the contribution methodology upon simple majority vote of the members. The Union shall notify the Employer in writing of any proposed modifications. Requested modifications of the contribution methodology shall be subject to Employer and legal counsel review prior to approval. Requested modifications of the contribution 2018 – 2019 L.E.L.S. Local #243 Contract 30 City of Apple Valley methodology shall not result in additional re-occurring costs to the Employer and shall comply with all Employer policies in effect at the time of the request. In addition, requested modifications of the contribution methodology shall be in compliance with the state and federal statute for tax-advantaged medical savings accounts. Contribution methodology changes and frequency are subject to approval by MSRS. 33.7 Account Fees: HCSP account fees are established by MSRS and shall be paid from the Employee’s HCSP account. ARTICLE XXXIV: POST EMPLOYMENT HEALTH REIMBURSEMENT ARRANGEMENT 34.1 Establishment: The Employer has previously implemented a tax-advantaged healthcare reimbursement plan designed specifically to address future healthcare-related costs of Employees after separation from employment. The Post-Employment Health Reimbursement Arrangement (PEHRA) allows Employees, as a group, through the collective bargaining process to designate pre-tax compensation to pre-fund eligible post-employment expenses. Contributions, interest and gains, and withdrawals from the Post-Employment Health Reimbursement Arrangement shall be tax-free to the fullest extent possible under the Internal Revenue Code. 34.2 Authorization and Administration: The PEHRA is a type of self-insured medical reimbursement plan authorized under the Internal Revenue Code and shall be administered by the Employer with the assistance of a third-party administrator of the Employer’s choosing. 34.3 Contributions: The PEHRA shall not be funded with new contributions after December 31, 2015. 34.4 Account Fees: Prior to termination of employment, fixed account fees shall be paid by the Employer. Asset-based fees shall be paid from the Employee’s PEHRA account. Upon termination of employment, all fees shall be paid from the Employee’s PEHRA account, except those fees that are not attributable to, or based upon, the existence of an Employee’s account and paid by the Employer (e.g., annual trustee fees, annual filing fees, etc.). ARTICLE XXXV: DURATION 35.1 This agreement shall be effective as of January 1, 2018, and shall remain in full force and effect through December 31, 2019. 2018 – 2019 L.E.L.S. Local #243 Contract 31 City of Apple Valley IN WITNESS WHEREOF, the parties hereto have executed this agreement on the twenty-first (21st) day of November, 2017. FOR LAW ENFORCEMENT LABOR FOR THE CITY OF APPLE VALLEY SERVICES, INC. LOCAL NO. 243 James Gummert Mary Hamann-Roland Representative, Local No. 243 Mayor Jeffrey Smith Pamela Gackstetter Representative, Local No. 243 City Clerk Adam Burnside Thomas Lawell Business Manager, City Administrator Law Enforcement Labor Services Melissa Haas Human Resources Manager Nicholas Francis Representative, Police Administration I T E M: 4.Q. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Amending Personnel P olicies Manual 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: Adopt resolution amending Personnel Policies Manual. S UM M ARY: Staff recommends amending Chapter 5.2 Annual Leave in the Personnel Policies Manual to avoid undesired constructive receipt implications for certain employees with respect to the option to cash out annual leave. B AC K G RO UND : During a recent education seminar, staff identified a constructive receipt issue with the annual leave cash out provision as currently written in the Personnel Policies Manual. T he policy currently allows certain employees to cash out up to 16 hours of annual leave once per year. Unless amended, this arrangement would constitute "constructive receipt" of income and require that the 16 hours of annual leave be included as taxable income for all employees who are eligible for the cash out, whether or not they actually do cash out any hours. Treasury Regulations § 1.451-2(a) of the Internal Revenue C ode set out the constructive receipt doctrine. Under the regulation, income is constructively received by the taxpayer in the tax year during which it is credited to the taxpayer's account, set apart for the taxpayer, or otherwise made available so that the taxpayer may draw upon the income at any time, or so that the taxpayer could have drawn upon it during the tax year if notice of intention to withdraw had been given. In the case of a plan that allows employees to convert unused paid time off (PTO) into cash, the IRS has held that an employee is constructively in receipt of income as soon as the right to receive cash for the PTO becomes fixed (Letter Ruling 9009052). However, income is not constructively received if the taxpayer's control of the income's receipt is subject to substantial limitations or restrictions. In Letter Ruling 200130015, a municipality entered into a collective bargaining agreement with certain employees allowing them to cash out some excess vacation hours prior to separation from service. Under the plan, an employee could elect irrevocably at any time on or before December 31 of each year to receive cash for part or the entire amount of vacation hours that would otherwise accrue in the subsequent year. T he letter ruling concluded that this arrangement did not constitute constructive receipt in the year before the vacation leave was earned, as the election was made before the employee's provision of services giving rise to the vacation leave. T his concept is confirmed in Letter Rulings 200202027 and 200450010. For these reasons, staff recommends amending the annual leave cash out provision in the Personnel Policies Manual to require that an eligible employee make an irrevocable election by December 31 annually in order to cash out up to 16 hours of annual leave in the subsequent year, thereby eliminating constructive receipt. 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. 2017- A RESOLUTION AMENDING THE PERSONNEL POLICIES MANUAL WHEREAS, the City Council of Apple Valley previously approved the Personnel Policies Manual on October 26, 2017; and WHEREAS, the city desires to amend the Personnel Policies manual in the best interest of the City and employees to remain in compliance with Internal Revenue Code interpretations. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota: 1. That, Personnel Policies Manual, Chapter 5.2 Annual Leave, is amended as follows: Annual Leave Cash Out An employee who has an accrued, unused annual leave balance of 160 or more hours shall be eligible to cash out up to 16 hours of annual leave once per calendar year. An employee, who has an accrued and unused balance of 160 or more hours of annual leave, may make an irrevocable election annually by December 31, to receive cash compensation in lieu of up to 16 hours of annual leave earned in the subsequent year. Such election shall be made in writing in a format determined by the city and received in Human Resources by December 31. Upon making such election, annual leave earned beginning the start of the first pay period in January of the subsequent year, up to the amount elected by the employee, shall not be credited to the employee's annual leave bank, but instead shall be paid to the employee at the employee's base pay rate on the earliest of: i. When requested by the employee on one regular pay check in the calendar year subsequent to the employee's election, provided the elected number of hours have been earned; or ii. The first pay check in December of the year subsequent to the employee's election; or iii. Upon the employee's separation from employment. 2. That, staff is directed to amend the Personnel Policies Manual document to reflect the changes approved herein. BE IT FURTHER RESOLVED, that all other items in the Personnel Policies Manual remain unchanged. ADOPTED this 21st day of November, 2017. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 4.R. C O UNC I L ME E T I NG D AT E:November 21, 2017 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 November 21,2017 City of Apple Valley Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Name Last Name Action Position Status Dept. Base Pay Rate Pay Type Pay Scale Date (on or about) Jonathan Aldrich Hire Fire Fighter Paid on Call Volunteer 1300 $ 15.30 Hourly FIRE 11/20/2017 Trinidad Badilla Hire Liquor Store Sales Clerk Part-Time, Regular 5090 $ 11.00 Hourly L-1 11/8/2017 Steve Barland Hire Liquor Store Sales Clerk Part-Time, Regular 5020 $ 11.00 Hourly L-1 11/13/2017 Nicholas Folkerts Hire Liquor Store Sales Clerk Part-Time, Regular 5090 $ 11.00 Hourly L-1 11/27/2017 Taylor Lehrer Hire Lead Skating Instructor I Part-Time, Variable 5205 $ 14.50 Hourly C-10 11/18/2017 Sean Meyer Accept Resignation Fire Fighter Paid on Call Volunteer 1300 11/6/2017 Jerrod Novotny Accept Resignation Maintenance I Full-Time, Regular 1600 11/13/2017 Kailey Pesik Hire Recreation Attendant Part-Time, Variable 1900 $ 11.05 Hourly C-01 11/27/2017 Karen Shaw Rehire Police Records Technician Full-Time, Regular 1200 $ 24.00 Hourly 130 11/27/2017 Tim Wehr Rehire Recreation Program Supervisor - Teen Center Part-Time, Variable 1900 $ 16.20 Hourly C-07 11/27/2017 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.S . C O UNC I L ME E T I NG D AT E:November 21, 2017 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 November 2, 2017, and November 8, 2017, in the amounts of $819,975.35 and $765,930.49, respectively. AT TAC HM E NT S: C laims and B ills C laims and B ills I T E M: 4.T. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: S et Special I nf ormal City Council Meeting on November 30, 2017, at 3:00 p.m. 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: Set a Special Informal City Council Meeting on November 30, 2017, at 3:00 p.m. at the Apple Valley Municipal Center to discuss the preliminary 2018 Budget and Tax Levy. S UM M ARY: T he City C ouncil is being asked to set a special meeting to further discuss the proposed 2018 City Budget and Tax Levy. B AC K G RO UND : T he C ity C ouncil adopted the Preliminary 2018 Budget and Tax Levy on September 14, 2017, and is scheduled to consider adoption of the Final 2018 Budget and Tax Levy on December 14, 2017. C ouncil has expressed an interest in having time to further discuss budget issues. Staff is suggesting a 3:00 p.m. start time for the special meeting to make sure we have adequate time for the discussion. T he location of the meeting will be in the McIntosh C onference Room at the Apple Valley Municipal C enter. B UD G E T I M PAC T: T his meeting will be helpful in preparing the 2018 budget and tax levy information that will be brought forth to the City C ouncil on December 14, 2017, for final consideration. I T E M: 4.U. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:C onsent Agenda Description: A pprove the S prings at A pple Valley Termination and R elease of D evelopment Agreement S taff Contact: T homas L ovelace, City P lanner D epartment / Division: C ommunity D evelopment Department Applicant: Continental 313 F und,L L C P roject Number: P C14-40-P Z S B Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Approve the termination and release of development agreement for the Springs at A pple Valley apartment project, located at 14650 Foliage Avenue. S UM M ARY: Continental 313 Fund, LC C , has requested release from all obligations of the Springs at Apple Valley development agreement. T his development agreement pertains to a 280-unit multi-family development project on 20 acres located in the northeast corner of 147th Street West and Foliage. T his release request is in accordance with paragraph 14 of the development agreement, which allows for its termination upon issuance of the final certificate of occupancy and completion of the developer improvements. T he final certificate of occupancy was issued on August 31, 2017, and all developer required improvements have been completed and fees have been paid. B AC K G RO UND : In 2014, the City received a request for the rezoning and subdivision of 20 acres of property; and site plan/building permit authorization to allow for the development and construction of fourteen two-story apartment buildings, seventeen detached garage buildings, and a 3,500 sq. ft. clubhouse facility on the site. T he C ity granted approval of their requests in early 2015, and construction began later that year. All necessary improvements were installed and building construction was completed in 2017. Inspections of the site have been made by the appropriate C ity staff and found to be in compliance with the requirements set forth in the approved resolutions and development agreement. A $800,000 letter of credit was delivered to the C ity to secure the performance and payment of all the obligations set forth in the development agreement. A ll those obligations have been met and the letter of credit will be released upon approval by the C ity C ouncil at their November 21, meeting. T he approval of the termination and release of development agreement document is another form of acknowledge of the fulfillment of those obligations. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Agreement TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT THIS TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT is made and entered into this ___ day of November 2017, by the CITY OF APPLE VALLEY, a municipal corporation (hereinafter referred to as the “City”). WITNESSETH: WHEREAS, Continental 313 Fund LLC (“Continental”) and the City entered into a Development Agreement, dated May 14, 2015, and recorded on May 27, 2015 in the Office of the County Recorder of Dakota County, Minnesota, as Document No. 3069078, (the “Agreement”) regarding real property located in Dakota County, Minnesota, legally described as follows: Lot 1, Block 1, Springs at Apple Valley, according to the recorded plat thereof, Dakota County, Minnesota. Abstract Property (the “Property”). WHEREAS, the Agreement required Continental to complete certain obligations related to the Property, including but not limited to, the completion of certain Developer Improvements as more particularly defined in the Agreement; WHEREAS, Continental has completed the Developer Improvements, the final Certificate of Occupancy has been issued by the City for the Property, all Service Fees required to be paid pursuant to Section 5 of the Agreement have been paid in full, and all other obligations of Continental as Developer in the Agreement have been fully completed in accordance with the terms of the Agreement; and WHEREAS, by reason of the foregoing and fulfillment of all obligations in the Agreement, the Agreement no longer applies to the Property, and pursuant to Section 14 thereof the City desires to terminate and release the Agreement in full. NOW, THEREFORE, the City hereby terminates the Agreement in full and releases and discharges Continental and the Property from the Agreement, including but not limited to, the obligation of Continental to deliver and keep in existence with the City any letter of credit pursuant to Section 3(O) of the Agreement. IN TESTIONY WHEREOF, the party hereunto set its hands the day and year first above written. CITY OF APPLE VALLEY By: ____________________________________ Name: _________________________________ Title: __________________________________ By: ____________________________________ Name: _________________________________ Title: __________________________________ STATE OF MINNEOSTA } SS.: COUNTY OF DAKOTA } The foregoing instrument was acknowledged before me this ___ of September 2017, by ______________________________ the ____________________________ of the City of Apple Valley, a municipal corporation under the laws of Minnesota by and on behalf of said corporation. ___________________________________ Notary Public My commission expires: _______________ STATE OF MINNEOSTA } SS.: COUNTY OF DAKOTA } The foregoing instrument was acknowledged before me this ___ of September 2017, by ______________________________ the ____________________________ of the City of Apple Valley, a municipal corporation under the laws of Minnesota by and on behalf of said corporation. ___________________________________ Notary Public My commission expires: _______________ Drafted by & Return to: Continental Properties Company, Inc. Attn: Legal Department W134 N8675 Executive Parkway Menomonee Falls, WI 53051 I T E M: 5.A . C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:Regular Agenda Description: Renewal of O n-S ale L iquor and W ine L icenses for 2018 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: 1. Hold public hearing on all On-Sale licenses (including 3.2 Percent Malt Liquor). 2. Adopt resolutions renewing On-Sale Intoxicating Liquor, On-Sale Club Intoxicating Liquor, O n-Sale C oncessionaire Intoxicating Liquor, Special License for Sunday Liquor Sales, and On-Sale Wine licenses for 2018. S UM M ARY: Section 111.24(B)(2) of the City C ode requires the C ity Council hold a public hearing on all On-Sale liquor renewal applications. On-Sale licenses include On-Sale Intoxicating Liquor, On-Sale Club Intoxicating Liquor, O n-Sale C oncessionaire Intoxicating Liquor, Special Licenses for Sunday Liquor Sales, On-Sale Wine, and On-Sale 3.2 Percent Malt Liquor. A list of the licensees that have submitted renewal applications for 2018 is attached. T he Council will hold a public hearing to consider the renewal applications for the licensees on this list at its meeting on November 21, 2017. Subject to any comments that might be received during the hearing, the Council may conditionally authorize renewal of the On-Sale Intoxicating Liquor licenses, Special Licenses for Sunday Liquor Sales, and On-Sale Wine licenses. T he C ity Code requires final payment of license fees and insurance documents to be submitted by December 15. T he actual licenses will not be issued until all of the documents are received and fees are paid. Resolutions will be prepared for each of the On-Sale Intoxicating Liquor and Wine licenses documenting the conditions of approval (sample forms are attached). No action regarding On-Sale 3.2 Percent Malt Liquor will be requested on November 21, 2017. Authorization to renew both On-Sale and O ff-Sale 3.2 Percent Malt Liquor licenses will be requested at the December 14, 2017, C ity C ouncil meeting. B AC K G RO UND : T he Police and Fire Departments have reviewed the list of licensees and find nothing that would preclude the licenses from being renewed. T he Finance Department checked the Dakota County records system and confirms all property taxes are current on properties owned by the licensees. N one of the licensees are on the delinquent taxpayers list provided by the Minnesota D epartment of Revenue as posted on the A lcohol and Gambling Enforcement Division’s website. In addition, requests have been made to the Minnesota Department of Health and the Minnesota Department of Agriculture to confirm the licensees are in compliance and in good standing. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material R esolution R esolution R esolution R esolution CITY OF APPLE VALLEY 2018 ON-SALE LIQUOR, WINE, AND 3.2 % MALT LIQUOR LICENSE RENEWALS On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Apple Minnesota, LLC, d/b/a Applebee’s Neighborhood Grill & Bar, 14678 Cedar Avenue 2. * Apple Valley Grill, LLC, d/b/a Wild Bill’s Sports Saloon, 15020 Glazier Avenue 3. Blazin Wings, Inc., d/b/a Buffalo Wild Wings, 14658 Cedar Avenue, Suite D 4. CCH, LLC, d/b/a Celts Craft House, 7083 153rd Street W., Suite 1 5. DDJ Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House, 15668 Pilot Knob Road 6. El Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant, 6670 150th Street W., Suite 106 7. * LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar & Grill, 7721 147th Street W. 8. M, S & R, III, LLC, d/b/a Masu Sushi and Noodle, 14638 Cedar Avenue, Suite C 9. * MJA Restaurants Apple Valley, LLC, d/b/a PR's Sports Bar, 14889 Florence Trail 10. Osaka AV, Inc., d/b/a Osaka Seafood Steakhouse, 7537 148th Street W., Suite A 11. * PBAV-Sanders, LLC, d/b/a Panino Brothers, 15322 Galaxie Avenue, Suite 108 12. Red Robin International, Inc., d/b/a Red Robin America’s Gourmet Burgers & Spirits, 15560 Cedar Avenue 13. * Rich Management, Inc., d/b/a Bogart’s/Apple Place Bowl, 14917 Garrett Avenue 14. Vivo Restaurants, LLC, d/b/a Vivo, 15435 Founders Lane 15. * Wadsworth Old Chicago, Inc., d/b/a Old Chicago, 14998 Glazier Avenue Club On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Apple Valley American Legion, Post 1776, 14521 Granada Drive Concessionaire On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Lancer Food Service, Inc., d/b/a Lancer Food Service, 13000 Zoo Boulevard On-Sale Wine: 1. Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7638 150th Street W. 2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7593 147th Street W. 3. Darbar India Grill Apple Valley, Inc., d/b/a Darbar India Grill, 14871 Granada Avenue 4. Ooka Bistro, Inc., d/b/a Ooka, 6520 150th Street W., Suite 400 5. Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317, 7394 153rd Street W., Suite 100 On-Sale 3.2 Percent Malt Liquor: 1. Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7638 150th Street W. 2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7593 147th Street W. 3. Darbar India Grill Apple Valley, Inc., d/b/a Darbar India Grill, 14871 Granada Avenue 4. Ooka Bistro, Inc., d/b/a Ooka, 6520 150th Street W., Suite 400 5. Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317, 7394 153rd Street W., Suite 100 6. Super World, Inc., d/b/a Super World Buffet, 15050 Cedar Avenue, Suite 111 * Hold an Optional 2 AM Closing License. SAMPLE LIQUOR CITY OF APPLE VALLEY RESOLUTION NO. 2017-____ A RESOLUTION RENEWING LIQUOR LICENSE FOR _____________ WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 21, 2017, with respect to renewal of the liquor licenses for the year 2018 for ____________________ d/b/a ________________ at __________________; and WHEREAS, the City Council has reviewed the renewal application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve a license for “On-Sale Intoxicating Liquor” and for “Special License for Sunday Liquor Sales” to __________________ d/b/a _____________, for the premises at ________________, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. The effective date of this license shall be January 1, 2018. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o’clock p.m., December 31, 2018. A renewal application must be received on or before October 1, 2018, pursuant to City Code Section 111.23(B). ADOPTED this 21st day of November, 2017. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2017- A RESOLUTION RENEWING LIQUOR LICENSE FOR AMERICAN LEGION, POST 1776 WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 21, 2017, with respect to renewal of the liquor license for the year 2018 for Apple Valley American Legion, Post 1776, 14521 Granada Avenue; and WHEREAS, the City Council has reviewed the renewal application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve a license for "On-Sale Club Intoxicating Liquor" and for "Special License for Sunday Liquor Sales" to Apple Valley American Legion, Post 1776, for the premises at 14521 Granada Avenue, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. Approval of the On-Sale Club Intoxicating Liquor License by the Minnesota Commissioner of Public Safety. D. The effective date of this license shall be January 1, 2018. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o'clock p.m. December 31, 2018. A renewal application must be received on or before October 1, 2018, pursuant to City Code Section 111.23(B). ADOPTED this 21st day of November, 2017. ________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2017- A RESOLUTION RENEWING LIQUOR LICENSE FOR LANCER FOOD SERVICE WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 21, 2017, with respect to renewal of the liquor license for the year 2018 for Lancer Food Service, Inc., d/b/a Lancer Food Service, 13000 Zoo Boulevard; and WHEREAS, the City Council has reviewed the application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve issuance of a "Concessionaire On-Sale Intoxicating Liquor License" to Lancer Food Service, Inc., d/b/a Lancer Food Service, for premises at 13000 Zoo Boulevard, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. The effective date of this license shall be January 1, 2018. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o'clock p.m. December 31, 2018. A renewal application must be received on or before October 1, 2018, pursuant to City Code Section 111.23(B). ADOPTED this 21st day of November, 2017. Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk SAMPLE WINE CITY OF APPLE VALLEY RESOLUTION NO. 2017-____ A RESOLUTION RENEWING WINE LICENSE FOR _____________ WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 21, 2017, with respect to renewal of the wine license for the year 2018 for _________________ d/b/a __________________ at __________________; and WHEREAS, the City Council has reviewed the renewal application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve a license for “On-Sale Wine” to _____________ d/b/a _____________, for the premises at ________________, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. Approval of the On-Sale Wine license by the Minnesota Commissioner of Public Safety. D. The effective date of this license shall be January 1, 2018. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o’clock p.m., December 31, 2018. A renewal application must be received on or before October 1, 2018, pursuant to City Code Section 111.23(B). ADOPTED this 21st day of November, 2017. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 5.B . C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:Regular Agenda Description: E xpenditure of S ale P roceeds for Bond-F inanced P rojects (E cumen S easons and The Centennial House) 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: 1. Hold public hearing. 2. Adopt resolution consenting to and approving the expenditure of sale proceeds for projects in Apple Valley (Ecumen Seasons at Apple Valley and T he Centennial House). S UM M ARY: C D L Homes, LLC, a Minnesota limited liability company whose sole member is Ecumen, has requested that the C ity Council hold a public hearing on the expenditure of bond- financed project sale proceeds resulting from the sale of its skilled nursing and assisted living campus in Chisago C ity, Minnesota, that has been financed in part by tax-exempt bonds. Proceeds of the sale in the approximate amount of $500,000 are planned to be expended to make capital improvements, principally consisting of the enhancement of interior and exterior features of the projects and replacing critical infrastructure at the Ecumen Seasons at Apple Valley Senior Housing and T he C entennial House properties in A pple Valley. Because the sale proceeds are being expended in the City with respect to the projects, it is necessary under federal tax law rules for the C ity to hold a public hearing and approve such expenditure. B AC K G RO UND : N/A B UD G E T I M PAC T: T here will not be any direct budgetary impact to the C ity of Apple Valley and any direct costs incurred by the C ity will be reimbursed by Ecumen. AT TAC HM E NT S: R esolution GP:4835-6609-4161 v1 RESOLUTION NO. ______ CONSENTING TO AND APPROVING THE EXPENDITURE OF SALE PROCEEDS FOR PROJECTS IN APPLE VALLEY Whereas, CDL Homes, LLC, a Minnesota limited liability company whose sole member is Ecumen, a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), plans to sell portions of its skilled nursing and assisted living campus in Chisago City, Minnesota, that has been financed in part by tax-exempt bonds. Proceeds of the sale in the amount of approximately $500,000 (the “Sale Proceeds”) are planned to be expended to make capital improvements to the Projects defined below, principally consisting of the enhancement of interior and exterior features of the Projects and replacing critical infrastructure; and Whereas, the projects are the approximately 79-unit housing with services facility located at 14625 Pennock Avenue in the City of Apple Valley (the “City”) known as The Centennial House of Apple Valley, and the approximately 134-unit housing with services facility located at 15359 Founders Lane in the City known as Ecumen Seasons at Apple Valley (collectively, the “Projects”). The Centennial House of Apple Valley is owned by EverCare Senior Living, LLC, a Minnesota limited liability company whose sole member is Ecumen, and Ecumen Seasons at Apple Valley is owned by Regent at Apple Valley, LLC, a Minnesota limited liability company whose sole member is Ecumen; and Whereas, because the Sale Proceeds are being expended in the City with respect to the Projects, it is necessary under federal tax law rules for the City to hold a public hearing and approve such expenditure; and Whereas, a notice of public hearing was published at least fourteen (14) days before the regularly scheduled meeting of the Apple Valley City Council in a newspaper circulating generally in the City, with respect to the required public hearing under Section 147(f) of the Code; and Whereas, on the date hereof, the City Council conducted a duly noticed public hearing on the expenditure of the Sale Proceeds for the Projects; and Now, therefore, be it resolved by the City Council of the City of Apple Valley: That the City Council hereby consents to the expenditure of the Sale Proceeds with respect to the Projects as described above. That Ecumen will pay and upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with this resolution. That this resolution shall take effect and be in force from and after its approval. ADOPTED this 21st day of November 2017. Mary Hamann-Roland, Mayor GP:4835-6609-4161 v1 ATTEST: Pamela J. Gackstetter, City Clerk GP:4835-6609-4161 v1 Adopted by the City Council of the City of Apple Valley, Minnesota the 21st day of November, 2017. Attest: Mayor City Clerk I T E M: 5.C. C O UNC I L ME E T I NG D AT E:November 21, 2017 S E C T I O N:Regular Agenda Description: A dopt Resolution Appointing Member to F ill Vacancy on Telecommunications A dvisory Committee with Term E xpiring March 1, 2018 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 a member to the Telecommunications Advisory C ommittee for a term expiring March 1, 2018. S UM M ARY: T hree applications for the Telecommunications Advisory C ommittee were received by the deadline and provided to you under separate cover. Listed below are the names of the individuals interested in serving on the Telecommunications Advisory C ommittee. J eremy Hensche Lorne Parker Mason Smith T here is one vacancy. T his appointment has a three-year term expiring March 1, 2018. If the C ity Council would like to proceed with filling the vacancy, ballots will be distributed. Following the balloting process, a motion should be made adopting the resolution appointing the individual to the C ommittee. B AC K G RO UND : On September 14, 2017, the C ity C ouncil authorized accepting applications through October 31, 2017, to fill the vacancy on Telecommunications Advisory C ommittee. 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. 2017- RESOLUTION APPOINTING TELECOMMUNICATIONS ADVISORY COMMITTEE MEMBER WHEREAS, Section 32.02 of the Apple Valley City Code, as amended, provides for appointment by the City Council of members of the Telecommunications Advisory Committee; and WHEREAS, a vacancy now exists on the Telecommunications Advisory Committee due to the passing of Mark Moore. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that _________________ is hereby appointed to the Telecommunications Advisory Committee for a term expiring March 1, 2018. BE IT FURTHER RESOLVED that members of the Telecommunications Advisory Committee are then as follows: Name Term Expires 1. Vacant March 1, 2018 2. Rollin Bible March 1, 2019 3. Jerry Brown March 1, 2019 4. David Cherner March 1, 2020 5. Dale Rodell March 1, 2020 ADOPTED this 21st day of November, 2017. 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:November 21, 2017 S E C T I O N:Calendar of Upcoming Events Description: Approve Calendar of Upcoming Events Staff Contact: Stephanie Marschall, D eputy City Clerk Department / Division: City Clerk’s Office AC T IO N RE Q UE S T E D : Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the C ity Council. S UM M ARY: Day/Date Time Location Ev ent Fri./Nov. 17 6:00-11:00 p.m.Brackett’s C rossing, Lakeville 360 C ommunities Fire & Ice Gala Tue./Nov. 21 6:15 p.m.Municipal C enter Holiday Tree Lighting Tue./Nov. 21 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * T hur./Nov. 23 City Offices C losed T hanksgiving Day Fri./Nov. 24 City Offices C losed Day After T hanksgiving Day Wed./Nov. 29 8:00-9:30 a.m.MidC ountry Bank Chamber C offee Connection Wed./Nov. 29 12:30-6:00 p.m.Crowne Plaza, Plymouth LMC/Metro Cities Regional Meeting Wed./Nov. 29 7:00 p.m.Municipal C enter Planning Commission Workshop T hur./Nov. 30 3:00 p.m.Municipal C enter Special Informal C ity Council Meeting Fri./Dec. 1 11:30 a.m.-1:00 p.m.Eagan C ommunity Center Dakota-Scott Workforce Development Board Legislative and Employer Awards Luncheon Mon./Dec. 4 7:00 p.m.Municipal C enter Telecommunications Advisory Committee Meeting Tue./Dec. 5 11:00 a.m.Apple Valley Senior C enter Apple Valley Seniors Holiday Party Wed./Dec. 6 7:00 p.m.Municipal C enter Planning Commission Meeting T hur./Dec. 7 5:00-7:00 p.m.Eagle Valley Bank Chamber Business After Hours Wed./Dec. 13 11:30 a.m.-1:00 p.m.GrandStay Chamber Holiday Awards Luncheon T hur./Dec. 14 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting T hur./Dec. 14 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * Fri./Dec. 15 11:00 a.m.Mantra Bazaar Ribbon C utting C eremony Wed./Dec. 20 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting Wed./Dec. 20 7:00 p.m.Municipal C enter Planning Commission Meeting Mon./Dec. 25 City Offices C losed Christmas Holiday Tue./Dec. 26 City Offices C losed Christmas Holiday Floater T hur./Dec. 28 6:00 p.m.Municipal C enter ED A Meeting T hur./Dec. 28 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * B AC K GRO UND : Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only at events marked with an asterisk will any action of the Council take place. B UD GE T IM PACT: N/A