The URL can be used to link to this page

Home My WebLink About01/25/2018 Meeting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anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A pprove Minutes of J anuary 11, 2018, R egular Meeting S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the minutes of the regular meeting of J anuary 11, 2018. S UM M ARY: T he minutes from the last regular C ity Council meeting are attached for your review and approval. B AC K G RO UND : State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Minutes CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 11, 2018, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: Mayor Hamann-Roland. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, Police Captain Bermel, Parks and Recreation Director Bernstein, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, and Fire Chief Thompson. Acting Mayor Goodwin called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Cub Scouts Roman Blum, Timothy Briesemeister, Zachary Granger, Coby Hewitt, Owain Hewitt, Ryan Hiebert, Kai LaBonne, Brody Nielsen, Jeremy Pitts, and Eli Zillhardt from Pack 293. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, removing item 5.C - Adopt Resolution Appointing Member to Fill Vacancy on Urban Affairs Advisory Committee with Term Expiring March 1, 2018, adding item 5.D - Adopt Resolution Appointing Acting Mayor for 2018, and approving the agenda for tonight’s meeting, as amended. Ayes - 4 - Nays - 0. AUDIENCE Acting Mayor Goodwin 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 Acting Mayor Goodwin 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 - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Hooppaw, approving the minutes of the regular meeting of December 28, 2017, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2018 Page 2 MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-1 designating Apple Valley Sun Thisweek as the official newspaper of the City of Apple Valley for the year 2018. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-2 designating Anchor Bank of Apple Valley as the official depository for City funds for the year 2018 and accepting its deposit collateral. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-3 designating additional depositories and financial security dealers for City funds for the year 2018: Wells Fargo Securities, LLC; Wells Fargo Bank, N.A.; Northland Securities, Inc.; RBC Capital Markets Corporation; Robert W. Baird & Co., Inc.; Stifel Nicolaus & Co., Inc.; U.S. Bank; U.S. Bankcorp Investments; Eagle Valley Bank, N.A.; Think Mutual Bank; and BMO Harris Bank N.A. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, appointing Mary Hamann-Roland and Pamela Gackstetter as statutory members to the Apple Valley Firefighters Relief Association Board of Trustees for the year 2018, as described in the City Clerk’s memo. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-4 approving submitting the application for Fiscal Year 2018 Dakota County Community Development Block Grant (CDBG) funding of $158,054.00 for Apple Valley Home Improvement Loan Program and DARTS Senior Outdoor Chore Service, Home Repair, and Homemaking Service Programs, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the reduction of financial guarantees for Cortland Sixth Addition from $964,104.00 to $25,000.00 and Cortland Sixth Addition NRMP from $29,000.00 to $27,500.00, as listed in the Community Development Department Assistant’s memo. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Temporary License Agreement for temporary access across the City’s property in Eagan with Magellan Midstream Partners, LP, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Extension Notice to Lease Agreement with Charter Cable Partners, LLC, as attached to the Public Works Superintendent-Utilities memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the agreement for Fire Station Security Camera System with Pro-Tec Design, Inc., in the amount of $32,660.78, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2018 Page 3 MOTION: of Grendahl, seconded by Hooppaw, approving Change Order No. 1 to the agreement with SEH, Inc., for Project 2017-101, Valleywood Reservoir Rehabilitation, in the amount of an additional $57,533.09. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, accepting Project 2017-134, Outdoor Pool Water Management, as complete and authorizing final payment on the agreement with Hawkins, Inc., in the amount of $26,545.00. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated January 11, 2018. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, to pay the claims and bills, check registers dated December 20, 2017, in the amount of $596,649.39, and December 28, 2017, in the amount of $1,388,618.72. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA LETTER OF APPRECIATION Police Captain Bermel read a letter of appreciation recognizing Mr. Daniel Cave for his actions following suspicious activity at a restaurant on March 8, 2017. Mr. Cave was instrumental in preventing a burglary from occurring and in the apprehension of the suspect due to his awareness and willingness to get involved. INTRODUCTION OF NEW POLICE OFFICER SEAN MARBEN Police Chief Rechtzigel introduced newly hired Police Officer Sean Marben to the Council and the City Clerk administered the oath of office. Then retired Police Captain Michael Marben pinned Officer Marben’s badge. The Council congratulated Officer Marben and welcomed him to his new position. 2018 ACTING MAYOR MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-5 appointing Councilmember Goodwin to serve as Acting Mayor, in the absence of the Mayor, for the year 2018. Ayes - 4 - Nays - 0. COMMUNICATIONS Police Officer Bermel reminded citizens of the City’s parking ordinance and how it is enforced. Mr. Nordquist presenting information on managing trash and recycling containers. Mr. Bernstein invited everyone to the 2018 Frozen Apple concerts at Valleywood Clubhouse. CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2018 Page 4 CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, 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 - 4- Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 7:36 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on . Mary Hamann-Roland, Mayor I T E M: 4.B . C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A dopt Resolution Accepting Donations of Cash and P rizes from Various B usinesses for Mid- W inter F est A ctivities S taff Contact: B arry B ernstein, Director of Parks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Adopt the resolution accepting donations of cash and prizes from various businesses for 2018 Mid-Winter Fest activities. S UM M ARY: Staff is seeking by resolution acceptance of various cash and prizes from area business to be used by the Parks and Recreation Department toward the 2018 Apple Valley Mid-Winter Fest activities. B AC K G RO UND : Various area businesses have offered to provide cash and prizes toward the sponsorship of the annual Mid-Winter Fest activities. Staff recommends accepting these donations and thanking the businesses for their generosity. B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2018 - A RESOLUTION ACCEPTING DONATIONS WHEREAS, the City Council of Apple Valley encourages public donations to help defray costs to the general public of providing services and improve the quality of life in Apple Valley; and WHEREAS, several businesses have offered to donate cash and prizes for use by the Apple Valley Parks and Recreation Department toward the sponsorship of the annual Mid-Winter Fest; and WHEREAS, Minnesota Statues 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the donations listed in Exhibit A are hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks these businesses for their gracious donations. ADOPTED this 25th day of January, 2018. ___________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk Exhibit A 2018 MID-WINTER FEST DONATIONS as of January 16, 2018 CASH DONATIONS & SPONSORSHIPS: SPAAR; $2,000 sponsor of the DJ Dance, 3 Bouncy Houses, and Dazzling Dave’s yo-yos Dakota Electric; $500 sponsor of the FREE Photo Booth Custom Remodelers Inc.; $600 sponsorship of Horse Drawn Wagon Rides Midwest Dental; $300 sponsorship of the MWF Ice Carving Royal Credit Union; $250 sponsorship of the MWF Medallion Hunt Treasure Hunt The Goddard School; $250 sponsorship of Teddy Bear Band Concert Apple Valley Eye Care; $150 sponsorship of the FREE Balloon Animal Creations Valley Sales; $100 sponsorship of FREE Caricaturist Drawings by Steve d’Hanson CNH Architects, Inc.; $100 sponsorship of the Bonfire, FREE S’mores and Marshmallow Roast Kalli’s Popcorn; $100 sponsorship of Magic Justin – the Amazing Magician Mindful Asset Planning; $100 sponsorship of Adult Cribbage Tournament Remax Results/Glenn Solberg, Realtor; $40 sponsorship of FREE Popcorn Stand DONATIONS OF PRIZES: ISD 196-Community Education/ECFE; Donation of 1 Free District 196/ECFE Class Apple Valley DQ; donation of 8 Blizzard Gift Certificates Midwest Dental of Bloomington; Electric Tooth Brush Nothing Bundt Cakes, Eagan; 5 Gift Certificates for Bundt Cakes Minnesota Zoo; 2 Passes to MN Zoo Scott Chiropractic Clinic; Gift Certificates & prizes IMAX Theater; Gift Certificates Dakota County Library; Bag of Books Tide Dry Cleaners; Gift Certificates for 50% off Discover Family Chiropractic; Prizes TBD Wise Swim School; Gift Certificates Fairview Ridges Hospital; 2 Heart Scan Certificates Tobacco Valley; 5 - $20 Gift Cards PROVIDING BOOTHS & ACTIVITIES: Dr. Jennifer Orthodontics School District 196 ECFE Mom’s Club of Apple Valley Royal Credit Union Cedar South Chiropractic Discover Family Chiropractic The Goddard School Custom Remodelers Inc. Dakota County Library IMAX Park Dental of AV Dog Day Get-A-Way Health Source Chiropractic Renewal by Anderson Wise Swim School Tide Dry Cleaners SPAAR Fairview Ridges Hospital AV Parks & Recreation Department Boy Scouts of America AV Police Department Eastview Hockey Association Apple Valley Hockey Association AVHS Arts Honor Society Carbone’s of Lakeville I T E M: 4.C. C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A mend Officers of Record in Connection with On-S ale W ine and 3.2 P ercent Malt L iquor L icenses at D & D of Minnesota, I nc., d/b/a F amous Dave's B B Q S hack, 7593 147th Street W. S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Amend officers of record for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, in connection with the On-Sale Wine and 3.2 Percent Malt Liquor Licenses at 7593 147th Street W., removing J ohn Perry Beckman as C EO/President, and naming Dexter Anthony N ewman as the new C EO, President, Secretary, and Treasurer. S UM M ARY: D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, has notified the C ity C lerk’s Office of changes to its officers in connection with its O n-Sale Wine and 3.2 Malt Liquor Licenses at 7593 147th Street W. Mr. J ohn Beckman is being removed as C EO/President; and Mr. Dexter Newman is being named the new C EO, President, Secretary, and Treasurer. Because Mr. N ewman is already an officer of record and only his title is being amended, no additional background check is needed. B AC K G RO UND : City C ode Section 111.34 provides for C ity C ouncil approval of such changes. B UD G E T I M PAC T: N/A I T E M: 4.D. C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A pprove Change of L icensee Name in C onnection with Of f -S ale 3.2 P ercent Malt L iquor L icense, for Wal-Mart, I nc., d/b/a Walmart #2642, 7835 150th Street W. S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the change of licensee name in connection with the O ff-Sale 3.2 Percent Malt Liquor License from Wal-Mart Stores, Inc., to Walmart Inc., located at 7835 150th Street W., effective February 1, 2018. S UM M ARY: Wal-Mart Stores, Inc., is requesting to change its licensee name in connection with its Off- Sale 3.2 Percent Malt Liquor License to Walmart Inc. T he necessary paperwork has been filed and is effective February, 1, 2018. T here will be no change to the corporate officers. Because the officers remain the same, no additional background checks were needed. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 4.E . C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A dopt Resolution S etting Public Hearing, at 7:00 p.m. on F ebruary 22, 2018, for New On-S ale I ntoxicating L iquor and Special L icense f or S unday L iquor S ales for L oK o B owling, I nc., d/b/a B ogart's/A pple P lace Bowl, 14917 Garrett Avenue S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Adopt the resolution setting a public hearing, at 7:00 p.m. on February 22, 2018, on the application for a new On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales by LoKo Bowling, Inc., d/b/a Bogart's/Apple Place Bowl, 14917 Garrett Avenue. S UM M ARY: LoKo Bowling, Inc., d/b/a Bogart's/Apple Place Bowl has submitted an application for On- Sale Intoxicating Liquor and Special License for Sunday Liquor Sales for premises located at 14917 Garrett Avenue. A ttached is a resolution authorizing and directing staff to publish a public hearing notice regarding the liquor license application. B AC K G RO UND : T he legal description of this premises is Lot 2, Block 7, Apple Valley C ommercial Addition. 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. 2018- A RESOLUTION SETTING PUBLIC HEARING ON LICENSE APPLICATION WHEREAS, the City Clerk has advised this Council that an application for “On-Sale Intoxicating Liquor” and “Special License for Sunday Liquor Sales” has been received from LoKo Bowling, Inc., d/b/a Bogart’s/Apple Place Bowl, on premises located at 14917 Garrett Avenue; and WHEREAS, City Code Section 111.24 requires the City Council to set and hold a public hearing on such license applications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. A public hearing on said application shall be held before this Council at the time, date and place specified in the Notice of Public Hearing attached to this resolution as Exhibit A. 2. As required by the City Code, the City Clerk is hereby authorized and directed to publish the hearing notice attached, in a timely manner, in the official City newspaper. ADOPTED this 25th day of January, 2018. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk Exhibit A NOTICE OF PUBLIC HEARING ON-SALE & SPECIAL SUNDAY INTOXICATING LIQUOR LICENSE APPLICATION CITY OF APPLE VALLEY NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota County, Minnesota, will meet at the Municipal Center, 7100 147th Street W., on Thursday, February 22, 2018, at 7:00 p.m., or as soon thereafter as possible. The purpose of the meeting will be to hold a public hearing on the application of LoKo Bowling, Inc., d/b/a Bogart’s/Apple Place Bowl, for “ON-SALE INTOXICATING LIQUOR” and “SPECIAL LICENSE FOR SUNDAY LIQUOR SALES” pursuant to City Code Section 111.22. The business, which will be operated in conjunction with the proposed licenses, is a restaurant and bowling alley located at 14917 Garrett Avenue. The owners/officers of the corporation are: Scott Lee Koecheler - President Alan Loth - Chief Financial Officer, Treasurer, Secretary All interested parties will be given an opportunity to be heard at said time and place. DATED this 25th day of January, 2018. BY ORDER OF THE CITY COUNCIL ______________________________ Pamela J. Gackstetter Apple Valley City Clerk I T E M: 4.F. C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A uthorize Continuation of Commission/C ommittee Recognition Program S taff Contact: B arry B ernstein, Director of Parks & Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Authorize continuation of C ommission/C ommittee Recognition Program in 2018. S UM M ARY: Authorization is being sought for continuation of the Committee/C ommission Recognition Program allocating a credit of up to $720 per member toward their participation in C ity of Apple Valley services and activities. B AC K G RO UND : T he C ity of Apple Valley C ommission/C ommittee Recognition Program was established in 1994 as a means of thanking the volunteers of the Planning C ommission, Parks and Recreation A dvisory Committee, and the Urban Affairs C ommittee for their time and services. Upon their formation, the C emetery Advisory C ommittee was added to the program in 1999, the Traffic Safety Advisory C ommittee in 2001, and the Telecommunications Advisory C ommittee in 2017. T he program allocates an annual credit of $720 per member of the commission and committees towards their participation in City of Apple Valley activities. Of the 37 eligible participants in 2017, 21 exercised their credit options. A majority selected aquatic punchcards, golf passes, recreation classes, and facility/equipment rentals. B UD G E T I M PAC T: Estimated 40 eligible members x $720 = $28,800 maximum. I T E M: 4.G. C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: Receive Cemetery Advisory Committee 2017 A nnual R eport S taff Contact: Cheryl Groves, P ublic Works/Cemetery A dministrative Coordinator D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: Receive the C emetery Advisory C ommittee 2017 Annual Report. S UM M ARY: Each year, the Cemetery A dvisory C ommittee issues an annual report to the C ity Council summarizing the operations of Lebanon C emetery. S A LES A N D REVEN UE In 2017, there were 108 lot and niche sales. T hese sales were provided to 83 Apple Valley residents and 25 non-residents. T here were 58 burials, including 31 traditional and 27 cremation interments in 2017. Below is a summary of annual revenue from lot/niche/boulder sales and fees for the cemetery based on revenue data provided by the Finance Department. Year Rev enue 2017 $196,196 2016 $160,716 2015 $132,305 2014 $104,128 2013 $99,409 2012 $128,715 2011 $114,365 2010 $89,695 Av erage $128,191 Attached for your review are the Activity Report, Annual Sales and Burial C omparison, and Lot Sales and Burials Since 2000. IN VEN TO RY UPD AT E T he C emetery Advisory C ommittee reviewed the inventory of burial lots. In the currently plotted additions (not including the original cemetery), there are 463 in-ground sites. Of these, 190 are sized for full-body burials, and 273 are sized for cremated body burials. T he three columbaria contain a total of 144 double niches and 84 single niches. Of these, 98 double niches and 54 single niches have been sold. Approximately 33 percent of the niches are available for sale. S IT E IMPRO VEMEN T S A third columbarium was installed in J anuary. T he plantings and hardscape at the 150th Street W. (C ounty Road 42) entrance and the corner monument were redesigned and replaced. Additional site improvements included grading the easterly and southerly berm areas of the cemetery. Locating and raising utility structures within the berm area required additional time and resources. Staff accomplished dormant seeding of the graded areas prior to the onset of winter. T he extension of Embry Path and the Embry Place development facilitated the grading work accomplished in 2017. T he easterly entrance to the cemetery shown in the master plan was completed, however, the interior roadway is not anticipated until 2018. MA IN T EN A N C E Maintenance of the cemetery is a year-around endeavor. Routine winter maintenance consisted of plowing cemetery roads and parking lot and clearing the columbaria feature. With the coming of spring, crews swept the roads and parking lot; repaired damaged sod; top dressed and hydro-seeded settled graves; unwrapped the trees; touched up the wood chips around the trees; trimmed shrubs; prepared flower beds for planting; and picked up litter. Annual flowers were planted in front of the flag poles at the main entrance and perennials replaced some annual planting. Summer maintenance included regular mowing, watering trees and shrubs as needed, litter collection, fertilizing, weeding flower beds, trimming plantings, top dressing and seeding settled graves, and the removal of unapproved memorials on a monthly basis. In fall, fertilizer and broadleaf herbicide were applied to turf areas. Shrubs and trees were trimmed. Small trees were wrapped and annual flowers were removed. D ormant seeding was done in late fall. A thorough pickup of litter and removal of unapproved memorials was done before the winter season. C EMET ERY REC O RD S Cemetery records were reviewed by staff for accurate and consistent information and format. C emetery data is managed within the C artegraph software program and connected to electronic maps. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material I T E M: 4.H. C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: Receive the Traf f ic Safety A dvisory Committee 2017 Annual Report 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: Receive Traffic Safety Advisory C ommittee 2017 Annual Report. S UM M ARY: Attached for your receipt is a copy of the 2017 Annual Traffic Safety Advisory C ommittee Report for the C ity of Apple Valley. B AC K G RO UND : T he report was approved by the Traffic Safety A dvisory C ommittee on J anuary 10, 2018. T he report outlines activities and accomplishments of the C ommittee for the previous year. B UD G E T I M PAC T: N/A AT TAC HM E NT S: R eport City of MEMO Administration TO: Mayor, City Council, and City Administrator FROM: Traffic Safety Advisory Committee DATE: January 10, 2018 SUBJECT: 2017 ACCOMPLISHMENTS The Traffic Safety Advisory Committee (TSAC) held six meetings in 2017. The members of the Committee in 2017 included: Linda Dolan, Nick Francis, Charles Grawe, Fred Puente, Matt Saam, Joe Shaw, and Arthur Zimmerman. Arthur Zimmerman served as Chair and Joe Shaw served as Secretary. Major accomplishments and/or undertakings by TSAC during its seventeenth year include: • Resident Concerns with Traffic Speeds on Hayes Road: A resident expressed concern with traffic volumes and speeds on Hayes Road between County Road 42 and 145th Street. Additionally, the resident was concerned by reduced sight lines caused by event parking on the south end of the Community Center property. The Committee recommended implementing parking restrictions to reduce the issues caused by parking. • Request for Stop Sign at Granite Avenue and 142nd Street: During the 2016 review of a nearby development proposal, staff identified a warranted stop condition at Granite Avenue and 142nd Street that lacked a stop sign. The Committee recommended installation of appropriate signage. A resident requested that additional stop signs be added on Granite Avenue, creating an all-way stop. The Committee did not support such an action as warrants for an all-way stop were not met. The Committee did recommend installation of advisory signing due to the hill and curve of the street. • Resident Concerns with Traffic near Diamond Path Elementary School: There were continued concerns from the neighborhood about new traffic around the Diamond Path Elementary School. There were continued concerns relating to the traffic entering and exiting the Diamond Path parking lot during student drop-off and pick-up times. Staff opened discussions with the School District and Dakota County about potential solutions for the site. • Resident Request for Bike Lane on Diamond Path West of Pilot Knob Road: In 2016, resident expressed concern with pedestrian safety on the sidewalk, noting the presence of bicyclists and pets. The resident proposed a bicycle training and licensing program to allow children under the age of 13 to bike on the sidewalk. Staff noted that no other cities in Dakota County have a similar restriction on sidewalks in a residential area. The Committee encouraged the resident to work with neighbors to alert the sidewalk users to the issues surrounding bikes on the sidewalk. The City created an educational piece on the issue to distribute at Night to Unite events. In 2017, the resident requested the addition of a designated bike lane. A designated bike lane would require removal of the parking lane. The Committee recommended increased speed enforcement activity. • Resident Request for Striped Crosswalk at Emmer Place and Diamond Path: This issue is related to the previous Diamond Path concerns. The resident expressed concerns about vehicle speeds on Emmer Place and requested a striped crosswalk. Traffic counts will be conducted in the spring of 2018 which will determine if warrants for a striped crosswalk are met. • Traffic Calming and Pedestrian Crossing Signage on Embry Path at 152nd Street: The area surrounding Embry Path was under development and Embry Path was not yet connected to County Road 42. Even during this time of development, the City was receiving concerns about traffic on the roadway. The Committee recommended the addition of bump-outs and pedestrian signage in the area of the park serving the development. • Resident Request for Speed Advisory Signs on Pennock Avenue: During the Cedar Avenue reconstruction, the City located temporary speed advisory signs on Pennock Avenue to address concerns from detoured traffic using Pennock Avenue to avoid the Cedar construction activity. The signs were part of a Public Works program to deploy temporary speed advisory signs on a rotational basis during non-winter months on streets throughout the City with traffic speed concerns. The signs were rotated to other locations. A resident requested the return of the signs on a permanent basis to Pennock Avenue. The Committee recommended continuing to use the temporary signs, but to return them to Pennock Avenue when not needed in other locations. The Committee used the rotation of the signs as an opportunity to study the impact that the signs were having. The study did not find significant differences in vehicle speeds between when the signs were deployed and when they were not. • Garden View Drive Traffic Concerns: The Committee continued to monitor traffic speeds and volumes on Garden View Drive. The aging signs are experiencing increasing technical failures and the Committee recommended that staff look at replacement in the near future. • Resident Request for Speed Limit Signs on Cobblestone Lake Parkway: A resident requested additional speed limit signs around the Cobblestone Lake Parkway. The Committee expressed concern about the precedent of adding speed limit signs on a residential roadway. The Police Department increased enforcement and worked with the homeowner’s association to increase awareness. • Resident Request for Crosswalk at Central Village Parking Lot and 152nd Street: A resident requested a marked mid-block crossing for employees using the parking lot and crossing the street to reach their employer. The mid-block crossing does not meet the City’s criteria for a crossing in the crosswalk policy. The safer location for a crossing is at the intersections with 152nd Street. The Committee recommended staff communicate with the employees about the safer crossing locations at existing intersection crosswalks. • Resident Concerns with Crosswalk at Hamlet Avenue and Palomino Drive: A resident expressed concern over obstructions in the right-of-way screening drivers’ views of pathway users. The Public Works Department worked with the homeowner’s association to trim the shrubbery creating the obstructed view. • Resident Request for Turn Lanes at Diamond Path and 129th Street: A resident requested a left turn lane from southbound Diamond Path at 129th Street. The County is looking at modifications to Diamond Path at 140th Street and the Committee recommended including the turn lanes as part of the modification study. • Re-establishment of Removed Crosswalk at 147th Street near Crossfit Academy: The previous mid-block crosswalk was removed when the Paideia school closed. The crosswalk was installed and warranted with the presence of a school speed zone and school crossing guard. When the school closed and those aspects ended, the crosswalk was no longer warranted. With a new school taking over the property, conditions could be met to re- establish the crosswalk. The Committee asked staff to work with Fit Academy to fulfill the necessary conditions. • Galaxie Avenue Corridor Study: Residents expressed concern with traffic stacking on Galaxie Avenue for student drop-off and pick-up near the Greenleaf Elementary School. Other residents expressed concern over the intersection of Galaxie Avenue and 132nd Street. The Committee requested the City Engineer include these issues in a broader review of the entire Galaxie corridor between County Road 42 and County Road 38. The study recommended Greenleaf School realign the pick-up/ drop-off entrance with 133rd Street. This creates a long internal driveway for stacking waiting vehicles. The study also recommended relocating the existing crossing to align with the sidewalk entrance to the school and to consider a second crossing at 133rd Street. The study recommended installation of a signal or round about at the intersection with 132nd Street. • Resident Concerns with Traffic on 132nd: In addition to the concerns raised about the intersection with Galaxie Avenue, residents also expressed concern with traffic speeds along 132nd as far east as Johnny Cake Ridge Road. The Committee recommended additional enforcement efforts and the use of the driver feedback signs on the roadway in the spring. • Resident Concerns with Heavy Truck Traffic on County Road 46: Residents continued to express concern with the volume, speed, and engine-braking noise generated by gravel mining trucks on County Road 46. There is no court-approved noise measuring device for this situation, so noise ordinance enforcement isn’t applicable. The City is not able to prohibit the use of a vehicle safety system. The Police Department had an officer certified as a commercial vehicle inspector (CVI) in 2016. In many cases, vehicle noise increases because of a non-compliant or malfunctioning component. Identifying and correcting non- compliant and malfunctioning components and encouraging haulers to check their vehicles more frequently can help to reduce noise on the roadway. The CVI officer has to perform at least 120 inspection each year. • Resident Concerns with Stop Sign Violations at Butte Avenue and Hidden Meadow Road: A resident expressed concern over frequent violations of the stop sign at the base of Butte Avenue. The Police Department increased enforcement in that area. • Resident Concerns with Traffic on 142nd Street near Everest Avenue: A resident expressed concerns about speeds on 142nd Street which is a minor collector roadway. Scott Highland Middle School is reconstructing its parking lot and entrance and will be moving the location of a driveway onto 142nd Street further away from Pilot Knob Road. As this change will likely have an impact on traffic patterns on the roadway, increased enforcement is recommended while the construction is taking place. • Resident Concerns with Traffic Speed on 145th Street between Galaxie and Flagstaff Avenues: A resident expressed concerns about speeds on 145th Street. This is also a minor collector and has no striping currently. Center lane and parking lane striping will be included in the 2018 striping project. • Reviewed Traffic Concerns Communicated to City: At each meeting, TSAC reviewed traffic concerns/issues brought to the Police and Public Works Departments during the month. • There was a concern over illegal turning movements from Pennock Avenue into the Wal Mart parking. • There was a request for the addition of flashing yellow arrows at the signal at 140th Street and Galaxie Avenue. This issue will be considered in part of a larger intersection reconstruction project. • There was a request for additional speed limit signs on the new section of 157th Street between Pilot Knob Road and Flagstaff Avenue. This section is under study by the State for a speed limit designation and will be posted once the designation is made. Engineering staff is also studying the intersection with Flagstaff Avenue as there have been a fair number of crashes there. • Driver feedback signs were deployed on 155th Street near Embry Path, behind the Target store. • There was a request by a business to evaluate the intersection lighting on 146th Street and Foliage Avenue. • Educational Outreach Efforts: In its seventeenth year, TSAC continued to focus on its educational outreach efforts. Some educational outreach efforts included the following: • The Committee received a grant from AAA to provide 100 cell phone slip covers to high school driver’s education classes to promote driver awareness and prevent distracted driving. • The Police Department’s Commercial Vehicle Inspector participated in numerous individual vehicle inspections as well as several saturation events help in Apple Valley. • The Committee was present at an informational booth at a Music in Kelley Park concert. • Members of the Committee participated in a car fit clinic for nurses who train people how to best adjust their seating position in cars to reduce injury. • A member attended the Toward Zero Death’s Conference to learn about new and emerging strategies to increase traffic safety and shared the conference information with the rest of the Committee. The Traffic Safety Advisory Committee welcomes direction from the City Council as well as any recommendations, questions, or concerns. I T E M: 4.I . C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: Village P ointe P laza/Z vago Apple Valley, 7070 153rd Street W. (To be platted as Lots 1 and 2, Block 1, Vil lage Pointe Plaza) S taff Contact: K athy Bodmer, P lanner, A I C P D epartment / Division: C ommunity D evelopment Department Applicant: Village P ointe P laza and C ity of A pple Valley P roject Number: P C16-30-Z B Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: 1. Adopt resolution approving Final Plat and Development Agreement of Village Pointe Plaza. 2. Adopt resolution approving Planned Development Agreement. 3. Adopt resolution approving site plan/building permit for 58-unit senior cooperative building at 7070 153rd Street W. S UM M ARY: Village Pointe Plaza, LLC , requests consideration of a final plat, development agreement, planned development agreement and site plan review/building permit authorization. T he actions are requested to allow construction of a 58-unit senior cooperative building on the southwest corner of Galaxie Avenue and 153rd Street (commonly referred to as the “Triangle Property”) at 7070 153rd St. W. F inal P lat and Dev elopment Agreement: T he final plat consists of two lots with Lot 1 on the west side of the triangle and Lot 2 on the east side. Zvago Apple Valley would be constructed on Lot 1 on the west side of the site. Lot 2 will be the location of 1- and 2-story restaurants, retail and office development. T he Development Agreement details the obligations of the developer and specifies the standards and conditions that govern the development of the property. Park dedication will be a cash-in-lieu of land dedication and pond dedication will be satisfied by both a previous land dedication and by dedication of easements as required by the City Engineer on the plat. T he agreement also addresses the financial guarantee and payment of the outstanding sanitary sewer trunk fee. P lanned Dev elopment Agreement: T he property is zoned PD-739 which requires execution of a Planned D evelopment Agreement. T he agreement states that the development and use of the property must comply with the PD requirements for subzones 1 (multiple family zone) and 4 (commercial zone). T he development must also comply with the stringent building and site design requirements of the C entral Village. Site P lan Rev iew/Building P ermit Authorization: At its J uly 27, 2017, meeting, the C ity Council approved amendments to P D-739 which allowed for horizontal mixed-use within a planned area rather than vertical mixed use within a single building. Amendments were also approved to the P D to allow shorter parking spaces in the underground garage and to reduce the number of parking spaces required for developments serving senior residents. T he overall development plan shows that Zvago Apple Valley, a 58-unit senior cooperative building, would be located on the west side of the triangle site abutting the Founders Lane round-about. Future building pads are shown on the east side of the site abutting Galaxie Avenue for construction of 18,410 sq. ft. of single- and two-story retail and a 11,700 sq. ft. two-story office building for a total of just over 30,000 sq. ft. of retail and office development. Access to the site will be taken from 153rd Street on the north side of the site and Founders Lane on the south side of the site. T he resident entrance will be located on the east side of the building. A community patio and green space will be constructed on the east side of the building between the building and the parking lot. Parking is provided at a ratio of 1.7 spaces/unit which exceeds the PD allowance of 1.0 parking spaces per unit in senior developments. B AC K G RO UND : At its meeting of J une 21, 2017, the Planning C ommission voted unanimously to recommend approval of the project with several conditions. T he Planning C ommission recommended conditions are included in the draft resolutions. B UD G E T I M PAC T: T he C ity of Apple Valley was awarded a Livable C ommunities Demonstration Account grant of $1,148,639 to off-set the cost of the purchase of the property. T he funding is intended to help to create a denser mixed-use development form than is typically seen in Apple Valley. It would help to create a neighborhood area that would otherwise not be created under normal market conditions. T he grant will not be awarded until the conditions of the grant are fulfilled including the mixed-use residential and commercial development. T he development must be substantially completed by December 1, 2018. AT TAC HM E NT S: R esolution Agreement R esolution Agreement R esolution Map Plan S et Plan S et CITY OF APPLE VALLEY RESOLUTION NO. 2018 - ___ FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL ZVAGO APPLE VALLEY WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held a public hearing on an application for subdivision of land by plat on August 17, 2016; and WHEREAS, the City Planning Commission found the preliminary plat to be in conformance with the standards of Chapter 153 of the City Code and recommended its approval on June 21, 2017, subject to conditions; and WHEREAS, pursuant to Chapter 153 of the City Code, a subdivision agreement between the applicant and the City detailing the installation of the required improvements in the subdivision and the method of payment therefore has been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the subdivision agreement and final plat for the following described plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the same, to wit: VILLAGE POINTE PLAZA BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said plat shall be filed with the Dakota County Recorder within sixty (60) days of the certified release from the City offices or such approval shall be null and void. ADOPTED this ___th day of __________, 2018. ___________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk 2 CERTIFICATE As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council and the final plat described therein is hereby released for recording with the Dakota County Recorder this _____ day of __________________, ______. ____________________________________ Pamela J. Gackstetter, City Clerk 3 CITY OF APPLE VALLEY RESOLUTION NO. 2018 - ___ PLANNED DEVELOPMENT AGREEMENT APPROVAL VILLAGE POINTE PLAZA/ ZVAGO APPLE VALLEY 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 Chapters 153 and 155 of the City Code, the City Planning Commission held a public hearing on an application for zoning amendments to Planned Development No. 739, Zone 2, on August 17, 2016; and WHEREAS, the City Planning Commission recommended its approval of the zoning amendments on June 21, 2017; and WHEREAS, the City Council approved the zoning amendments to Planned Development No. 739, Zone 2 on July 27, 2017; and WHEREAS, pursuant to Chapter 155 of the City Code and the Planned Development agreement between the applicant and the City detailing the conditions of approval of the amendments to Planned Development No. 739 for the Village Pointe Plaza/Zvago Apple Valley development has been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the Planned Development agreement for the following described plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the same, to wit: VILLAGE POINTE PLAZA ADOPTED this _____th day of ________, 2018. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, I hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on ______ ____, 201___, and is hereby released for recording with the Dakota County Recorder this _____day of __________________, _____. ________________________________________ Pamela J. Gackstetter, City Clerk PLANNED DEVELOPMENT AGREEMENT VILLAGE POINTE PLAZA THIS PLANNED DEVELOPMENT AGREEMENT (“Agreement”) is made by and between the City of Apple Valley, a Minnesota municipal corporation, (hereinafter the “City”) and Village Pointe Plaza LLC, a Minnesota limited liability company (hereinafter the “Owner”). WHEREAS, the Owner is the fee title holder of real property in Dakota County, Minnesota, legally described as the plat of Village Pointe Plaza (the “Property”), which is governed by this Agreement; and WHEREAS, the Owner and the City desire to provide for development of the Lot 1, Block 1, Village Pointe Plaza in accordance with Planned Development Designation No. 739, Zone 1; and WHEREAS, the Owner and the City desire to provide for development of the Lot 2, Block 1, Village Pointe Plaza in accordance with Planned Development Designation No. 739, Zone 4; and WHEREAS, the parties hereby acknowledge that this Agreement and the plans and specifications submitted by Owner and approved by the City constitute the Planned Development Agreement for the Property; NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1. This Agreement applies to the development and use of the Property. 2. The Owner agrees that its development and use of the Property shall, in all material respects, comply with Apple Valley City Code Chapter 155, Appendix F-Article A31, governing Planned Development Designation No. 739, Zones 1 and 4, and the following Exhibit attached hereto and incorporated herein: Exhibit A Conditions of Preliminary Plat Approval 2 The Owner further agrees that its development and use of the Property shall comply with all plans and specifications submitted by the Owner and approved by the City, which are incorporated herein by reference. All of the plans and specifications are available for inspection in full-size format at the Apple Valley Municipal Center. 3. Minor deviations from the above plans may be accepted by the City provided that the Community Development Director makes a written determination that the revised plans are in general conformance with the above-listed plans. 4. This Agreement may be amended from time to time as the parties may agree. Any such amendment must be in writing and signed by both parties. Furthermore, the development plans may be amended upon application by the Owner and approval of the City, pursuant to Apple Valley City Code. Amendments to the development plans, once approved, shall become Exhibits hereto and shall be fully binding upon the parties as if fully set forth herein. 5. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 6. This Agreement shall run with the Property and shall be recorded in the Office of the Dakota County Recorder or Registrar of Titles. 7. This Agreement shall be governed by and construed under the laws of the State of Minnesota. 8. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and the enforceability of the other provisions shall not be affected thereby. Failure of either party to enforce any such provision shall not act as a waiver by the non-defaulting party. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the _____ day of _____________, 2018. Village Pointe Plaza LLC a Minnesota limited liability company ___________________________________ By: Timothy F. Nichols Its: President CITY OF APPLE VALLEY ________________________________ By: Mary Hamann-Roland Its: Mayor 3 ________________________________ By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) On this _____ day of _____________________, 2018, before me a Notary Public within and for said County, personally appeared Timothy F. Nichols, who being by me duly sworn, did say that he is the President of Village Pointe Plaza LLC, a Minnesota limited liability company, and acknowledged said instrument to be the free act and deed of the limited liability company. ______________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ________ ) On this day of _____________, 2018, before me a Notary Public within and for said County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. _____________________________ Notary Public This instrument was drafted by: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 MGD (66-35360) Exhibit A CITY OF APPLE VALLEY RESOLUTION NO. 2018 - __ A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR ZVAGO APPLE VALLEY AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that issuance of a building permit for commercial, industrial, and multiple residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS, approval of such a building permit issuance has been requested for the above referenced project; and WHEREAS, the Apple Valley Planning Commission has reviewed the development plans and made a recommendation as to their approval at a public meeting held on June 21, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the issuance of a building permit for Zvago Apple Valley is hereby authorized, subject to compliance with all City Codes the following conditions: 1. Approval of the Building Permit is subject to execution of a development agreement. 2. Approval of the Building Permit is subject to execution of a planned development agreement. 3. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the approval shall lapse. 4. The Building Permit shall be applicable to property identified as Lot 1, Block 1, Village Pointe Plaza. 5. Construction shall occur in conformance with the site plan dated June 7, 2017, including parking lot paving and a non-surmountable concrete curb and gutter around the entire perimeter with a minimum driveway approach radius of 15' at each public street, and a valley gutter at the edge of the street pavement. 6. Construction shall occur in conformance with the landscape plan dated June 7, 2017, including sodded/seeded public boulevard area up to each street curbline; subject to submission of a nursery bid list that confirms that the landscape 2 plantings meet or exceed 2-1/2% of the value of the construction of the building addition. Landscape materials may include plant materials, underground irrigation systems, public art, fountains, decorative paving, and other outdoor common area elements that create an enhanced sense of place and fosters positive social interactions. 7. Construction shall occur in conformance with the elevation plan received in City Offices on June 13, 2017. 8. The civil construction plans submitted at the time of application of the building permit shall be subject to final review and approval of the City Engineer. 9. A hauling and staging plan shall be submitted prior to issuance of building permit and/or natural resources management permit (NRMP) specifying all on-site and off-site construction staging for material storage, construction traffic/ hauling, construction parking and shoring. The plan shall be mapped and strictly adhered to and is subject to final review and approval by the City Engineer. 10. 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; subject to the applicant submitting a copy of the General Storm Water Permit approval, if required, from the Minnesota Pollution Control Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100 regarding the State NPDES Permit prior to commencement of grading activity. 11. The petitioner shall review the location of the Founders Lane sidewalk connection on the southwest side of the building to ensure that it connects with the “plaza area and trail” that has been dedicated on the property south of Founders Lane. A plaza and trail are planned that will connect to the trail system around the two cell pond to the south. 12. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. The lighting plan shall be reviewed and approved by the planner prior to issuance of the building permit. 13. Approval of a signage plan is not included with this site plan and building permit authorization. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the installation of any signs. 14. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. 3 15. Earthmoving activities shall not occur when wind velocity exceeds thirty (30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 16. Issuance of a Building Permit and a final certificate of occupancy 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. In the event that a certificate of occupancy is requested prior to completion of all required site improvements, a suitable financial guarantee in the amount of 125% of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline, with the cost of such City completion to be charged against the financial guarantee. 17. 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 by the City Council of the City of Apple 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 Uniform Fire Code, as determined by the Apple Valley Fire Marshal; and ADOPTED this ____th day of ____, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE 4 I, Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on ______ ___, 201__, the original of which is in my possession, dated this _____day of ______________________, 20__ . ____________________________________ Pamela J. Gackstetter, City Clerk VILLAGE POINTE PLAZN ZVAGO APPLE VALLEY LOCATION MAP .........:.:.:.. Aw1ellVa ey - ~-'--- • ZVAGO COOPERATIVE LIVING  CENTRAL VILLAGEApple Valley, MNPerspective ZVAGO COOPERATIVE LIVING  CENTRAL VILLAGEApple Valley, MNSite Plan153rd St WGalaxie AveFounders Ln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torageStorageStorageStorage StorageStorageStorage StorageStorageStorageStorageStorageStorageStorageStorageStorageStorageStorageStorageMakers Studio002Stair B060Garage050Trash/Recyc.005Elev. Equip.006Mech./Elec.007AREA WELLMech.004Elev. Lobby00300762PCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCPCMPMPMPPCMPMPMPMPMPMPMPMPMPMPBBBBBBBBMPMP436364MUA UNIT1234567891011121314151617181920B216566676869707172PCPCStorage90'-4"90'-4"89'-0"1/4" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"89'-0"89'-0"89'-0"89'-0"90'-2 1/2"1/4" / 12"90'-2 1/2"1/4" / 12"89'-4"89'-4"1/4" / 12"90'-2 1/2"1/4" / 12"1/4" / 12"1/4" / 12"1/4" / 12"89'-0"89'-4"90'-2 1/2"89'-0"1/4" / 12"1/4" / 12"1/4" / 12"89'-0"90'-2 1/2"1/4" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1/8" / 12"88'-10"89'-0"89'-0"1 /4 " / 1 2 "1/4" / 12"1/8" / 12"1/8" / 12"1/8" / 12"1 /8 " / 1 2 "1/4" / 12"NOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated6/12/2017 6:04:39 PMC:\Revit Local\1575-Ecumen_AppleValley_CentralVillageSeniorCoOp_v4_ewilliams.rvtGarage Plan1575Zvago, Central VillageOneTwoOne DevelopmentA3007070 153rd St WApple Valley, MN 55124Civil/Landscape:Civil Site Group4931 W. 35th St, Suite 200St. Louis Park, MN 55416612.615.0060www.civilsitegroup.com3530 Lexington Avenue NShoreview, MN 55126 3/32" = 1'-0"1Level -1Rev. No.RevisionDate UPUPUPUPUPUPUPUPUPUPUPUPUPFPConf. Room117Office116Work Room118Lobby115Vestibule114Town Square119Fitness121Restroom123Restroom124Mech.126Elec.127CommunityRoom130Club Room131Corridor120Stair B160Stair A150Storage162Elev. Lobby125Janitor129Trash/Recyc.128Unit D2114Unit D2115????Unit C1A4531109RDLRDLRDLRDLRDLRDLRDLRDLUnit D4102Unit C4104Unit B3103Unit D5105Unit D2101Guest Suite108Unit C3110Unit A1106Unit C3112Unit B1113Unit C2111NOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated6/12/2017 6:04:51 PMC:\Revit Local\1575-Ecumen_AppleValley_CentralVillageSeniorCoOp_v4_ewilliams.rvtFirst Floor1575Zvago, Central VillageOneTwoOne DevelopmentA3107070 153rd St WApple Valley, MN 55124Civil/Landscape:Civil Site Group4931 W. 35th St, Suite 200St. Louis Park, MN 55416612.615.0060www.civilsitegroup.com3530 Lexington Avenue NShoreview, MN 55126 3/32" = 1'-0"1Level 1Rev. No.RevisionDate ORDRDUPStorage226Elev. Lobby225Trash/Recyc.228Corridor220Stair B260????Unit D2214Unit D3209Stair A250Unit D4202Unit C4204Unit B3203Unit D2201Unit D5205Unit C5206Unit C3207Unit D1A4561208Unit C3210Unit C3212Unit D2215Unit B2 -Type AA4521213Unit C2211NOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated6/12/2017 6:05:04 PMC:\Revit Local\1575-Ecumen_AppleValley_CentralVillageSeniorCoOp_v4_ewilliams.rvtSecond Floor1575Zvago, Central VillageOneTwoOne DevelopmentA3207070 153rd St WApple Valley, MN 55124Civil/Landscape:Civil Site Group4931 W. 35th St, Suite 200St. Louis Park, MN 55416612.615.0060www.civilsitegroup.com3530 Lexington Avenue NShoreview, MN 55126 3/32" = 1'-0"1Level 2Rev. No.RevisionDate UPElev. Lobby325Storage326Trash/Recyc.328Elec.329Corridor320Stair B360Unit D1A4561308Unit D2314Unit D2315Unit C2311Unit D3309Stair A350Unit D4302Unit C5306Unit D5305Unit B3303Unit D2301Unit C4304Unit C3307Unit C3312Unit C3310Unit B1313NOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated6/12/2017 6:05:52 PMC:\Revit Local\1575-Ecumen_AppleValley_CentralVillageSeniorCoOp_v4_ewilliams.rvtThird Floor1575Zvago, Central VillageOneTwoOne DevelopmentA3307070 153rd St WApple Valley, MN 55124Civil/Landscape:Civil Site Group4931 W. 35th St, Suite 200St. Louis Park, MN 55416612.615.0060www.civilsitegroup.com3530 Lexington Avenue NShoreview, MN 55126 3/32" = 1'-0"1Level 3Rev. No.RevisionDate Elev. Lobby425Storage426Trash/Recyc.428Elec.429Stair A450Stair B460Unit D1A4561408Unit D2414Unit D2415Unit C2411Unit D3409Unit D4402Unit C5406Unit D5405Unit B3403Unit D2401Unit C4404Unit C3410Unit C3412Unit B1413Unit C3407NOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated6/12/2017 6:06:16 PMC:\Revit Local\1575-Ecumen_AppleValley_CentralVillageSeniorCoOp_v4_ewilliams.rvtFourth FloorPlan1575Zvago, Central VillageOneTwoOne DevelopmentA3407070 153rd St WApple Valley, MN 55124Civil/Landscape:Civil Site Group4931 W. 35th St, Suite 200St. Louis Park, MN 55416612.615.0060www.civilsitegroup.com3530 Lexington Avenue NShoreview, MN 55126 3/32" = 1'-0"1Level 4Rev. No.RevisionDate I T E M: 4.J . C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A pprove Two-Year Agreement with A T his L ittle P iggy Catering, I nc., d/b/a A'BriTin Catering & Hospitality for E xclusive Event C atering at Valleywood Golf Course S taff Contact: B arry B ernstein, Director of Parks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve a two-year agreement with A T his Little Piggy C atering, Inc., d/b/a A’BriTin Catering & Hospitality to be the exclusive event catering partner of Valleywood G olf Course, subject to minor revisions as approved by the City Administrator and C ity Attorney. S UM M ARY: Staff is seeking authorization to enter into a two-year partnership agreement with A T his Little Piggy C atering, Inc., d/b/a A’BriTin C atering & Hospitality to be the exclusive event catering partner of Valleywood Golf Course. T he Agreement is currently being reviewed by the City Attorney's office. A'BriTin C atering & Hosipitality is a Farmington-based company that includes three distinct catering companies under one roof. T hey are fully self-contained and would require no use of Valleywood equipment or access to the kitchen. Valleywood will retain all rental fees (room rental, audio visual, décor), alcoholic and non-alcoholic beverage sales as well as 12% of all food sales through the caterer. Under the umbrella of A’BriTin C atering & Hospitality, three distinct levels of catering are available: - T his Little Piggy C atering is a cost conscious concept mainly doing BBQ style food and casual set ups. - Apples 2 Apples C atering is a farm to table concept with mid-priced dining options for all types of events. - Distinctive Catering is a premium concept targeted towards higher end weddings and parties. B AC K G RO UND : Valleywood staff has been actively working to solve the food service challenges associated with the demand for events in the clubhouse and the extremely limited supply of qualified cooks and chefs to work in a variable hour capacity. After attempting and failing to attract qualified cooks for the last three years we have been left to reduce the number of events in the clubhouse. Hoping to drive more event business to Valleywood, we began researching outside caterers and companies to serve as potential partners in the operation. Over a dozen caterers were contacted to gauge their interest in providing food service at Valleywood. While virtually all the caterers we contacted would be interested in providing their services to Valleywood clientele, and most would provide a 10-12% commission on food sales under an exclusive food agreement, their requirement for providing alcoholic beverages and limited catering choices under a singular brand would not provide enough options to the various clientele Valleywood services. Staff was pleased to find A’BriTin which offers three unique brands within their company. We are also impressed that they want to assist in marketing Valleywood to attract more events to the facility. By making them the exclusive caterer at Valleywood, they are willing to provide (in addition to the 12% commission)a guarantee of availability 365 day per year, online access to their catering schedules, advertising and promotion of our facility at the various food and wedding shows they attend as well as including us in their print, website and social media advertising campaigns. T his partnership would be defined in a two-year agreement which would allow both parties a reasonable period of time to assess the merits of the partnership. Given the long lead time associated with booking certain events (i.e., weddings), two years is deemed to be a reasonable amount of time to determine the success of the partnership. T he C ity C ouncil discussed the merits of entering into this partnership with A'BriTin Hospitality at their meeting held on J anuary 11, 2018. Staff is excited by the prospect of working with A’BriTin Hospitality to better serve our customers, to improve the financial performance of the facility and to help raise the visibility of Valleywood as a wonderful place to hold special events. B UD G E T I M PAC T: Revenue based on 12% commission as outlined in the agreement. AT TAC HM E NT S: Agreement 1 EXCLUSIVE CATERING AGREEMENT THIS EXCLUSIVE CATERTING AGREEMENT (“Agreement”) is made this _____ day of January, 2018 (the “Effective Date”) by and between A This Little Piggy Catering, Inc., a Minnesota corporation, d/b/a A’Britin Catering and Hospitality (“Vendor”), and the City of Apple Valley, a Minnesota municipal corporation (“City”). RECITALS: 1. Vendor operates a catering and event planning service; and 2. The City owns and operates the Valleywood Golf Course; and 3. In an effort to better serve the City’s Patrons, the City desires to have an exclusive catering agreement with Vendor to provide Catering Services at the Venue. NOW, THEREFORE, in consideration of mutual promises described below, the parties agree as follows: 1. Definitions. 1.1 “Exclusive Caterer” means the only vendor that provides all Catering Services at the Venue pursuant to the terms of this Agreement. 1.2 “Venue Rental Agreement” means the contract entered into by and between the City and a Patron to rent the Venue. 1.3 “Rental and Decorative Services” refers to any item rented from Vendor or one of its subcontractors and any of Vendor’s consulting fees. 1.4 “Catering Services” means any food services provided to Patrons. 1.5 “Event or Events” means weddings, retirement parties, corporate parties, birthday parties, anniversary parties, funerals, and other events as determined by the City reserved by Patrons after the Effective Date and held at the Venue. Events exclude all golfing events, the City of Apple Valley Rotary Club breakfast events, and all Frozen Apple Concert Series. 1.6 “Facility” means the Valleywood Golf Course located at 4851 McAndrews Road, Apple Valley, MN 55124. 1.7 “Gross Sales” means the gross selling price of all food sold by Vendor at the Facility and/or food prepared off site and brought into the Facility for service, whether for cash or on credit. Gross Sales excludes cash refunds made to customers in the ordinary course of business, gratuity, and sales taxes now or hereafter imposed upon the sale of food and beverages or services. 2 1.8 “Patron or Patrons” means clients or customers of the Facility that reserve an Event at the Venue. 1.9 “Rental Fee” means the fee collected by the City from the Patron to reserve and use the Venue. 1.10 “Venue” means (i) the special events room located in the upper level of the clubhouse located at the Facility; or (ii) the outdoor patio/deck located adjacent to the special events room; or (iii) the picnic pavilion; or (iv) the outdoor event space located next to the picnic pavilion. 2. Vender Duties and Obligations. 2.1 Catering Services. Vendor shall be the Exclusive Caterer during the terms of this Agreement and for any Events reserved prior to expiration or termination of this Agreement as further described in Section 2.9. Vendor’s right to provide Catering Services throughout the duration of this Agreement is contingent upon Vendor complying with the terms of this Agreement. 2.2 Storage. Vendor may not store any its equipment, supplies, or property (“Vendor Property”) at the Facility unless Vendor receives prior written approval from the City. In the event the City permits Vendor to store any Vendor Property at the Facility, Vendor acknowledges and agrees that Vendor shall be solely responsible for the Vendor Property. Vendor further acknowledges and agrees that the City is not responsible for any damage, theft, fire, or loss whatsoever to the Vendor Property. 2.3 Contract for Catering Services. For each Event at the Venue, Vendor shall execute and enter into a separate contract with a Patron for Catering Services. Vendor’s contract with the Patron shall comply with the terms of this Agreement. Such contract shall at minimum include the following: i. Patron’s name, telephone number, email, and address; ii. Event date; iii. Number of Guests; iv. Food Services; v. Rental and Decorative Services; 2.4 Condition of Venue and Facility. During and immediately following an Event, Vendor shall keep the Venue and Facility in a safe, clean and sanity condition and in compliance with all applicable laws, ordinance, rules, and regulations of governmental authority. Vendor shall not commit any nuisance or waste on the Facility. 2.5 Kitchen. Vendor may not use the City’s kitchen that is located in the clubhouse at the Facility for cooking or baking or other uses or access. 3 2.6 Certificates/Licenses. During the term of this Agreement, Vendor shall possess all licenses, certificates, and permits required to conduct its business and perform under the terms of this Agreement, including but not limited to a Health Department License and Certified Food Manager’s License through the State of Minnesota. Vendor agrees to provide the City with a copy of the appropriate licensures annually no later than March 1 of each year, and at any other time upon the City’s request throughout the term of this Agreement. Vendor agrees to meet all local/state/federal health regulations, codes, rules and laws concerning food and beverage services. 2.7 Alcoholic Beverages. Vendor may not sell or distribute any alcoholic beverages. 2.8 Staffing. Vendor agrees that it is solely responsible for the recruitment, training, employment, performance, and compensation of its employees. Vendor accepts full and exclusive liability for all applicable federal and state withholding taxes, unemployment, workers’ compensation, contributions of insurance, and all employee benefits of its employees. Vendor acknowledges and agrees that Vendor’s employees are not the City’s employees. 2.9 Continuing Obligation. It is understood and agreed to by the parties that if this Agreement is terminated or expires, Vendor shall continue to provide Catering Services for those Events that were previously reserved as of the date of termination or expiration in compliance and accordance with the terms of this Agreement. Vendor shall continue to pay to the City the Commission (as defined below) and provide all required invoices and accounting records for these Events according to the terms of this Agreement. Vendor shall not provide Catering Services to any Events reserved after the date of termination or expiration. This Section 2.9 shall survive termination or expiration of this Agreement. 3. City Duties and Obligations. 3.1 Rental/Contracts. The City will be responsible for marketing and publicizing the availability of the Venue, conducting initial showings of the Venue, executing the Venue Rental Agreement, and collecting the Rental Fee. 3.2 Event Setup. The City will be responsible for setting up tables, chairs, and all City owned equipment for each Event prior to the Event. The City will be responsible for opening and closing the Venue prior to and subsequent to Events. 3.3 Cleaning. The City will be responsible for removing trash, sweeping, mopping, cleaning and sanitizing all of the City’s equipment, furniture, walls, shelves, and any of the City’s décor. 4 3.4 Right of Access. The City grants the Vendor the right to enter onto the Facility to use the Venue for the purposes of providing Catering Services to the Patrons. Vendor may not use the Facility or Venue for any other purpose. 4. Ownership and Maintenance of the City’s Equipment. All equipment currently located at the Facility shall remain the property of the City. Vendor may not use any of the City’s equipment. 5. Term of Agreement; Termination; Extension. The term of the Agreement shall be for a period of two (2) years commencing on the Effective Date and expiring two (2) years from the Effective Date. Provided that Vendor is not in default, this Agreement shall automatically renew for an additional two (2) years unless Vendor gives written notice of termination at least sixty (60) days prior to the end of the term. This Agreement may be terminated immediately by the City at any time prior to the expiration date for any reason upon written notification to the Vendor. 6. Compensation during Term of Agreement. 6.1 Rental Fee. The City shall retain one hundred percent (100%) of the Rental Fee. 6.2 Gross Sales. Vendor shall pay to the City each and every month a percentage of the Gross Sales generated and collected by Vendor for Events during a calendar month as follows: i. Food Services: 12% of total Gross Sales ii. Rental and Decorative Services: 5% of total Gross Sales the “Commission.” 6.3 Payment. From the Effective Date through termination of this Agreement, Vendor shall pay to the City the Commission without notice or demand, deduction or setoff, beginning on the Effective Date and continuing on or before the 15th day of each and every calendar month thereafter during the term of this Agreement. All payments owed to the City under this Agreement shall survive the expiration or termination of this Agreement. 6.4 Late Payment. If Vendor fails to pay the City pursuant to this Agreement, Vendor recognizes and agrees a late payment will result in administrative expense to the City, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Vendor therefore agrees that if Vendor fails to pay City pursuant to this Agreement, Vendor shall pay the City a late payment charge in an amount equal to $250.00 per month for every late payment. Vendor shall automatically, without notice or demand, submit the late payment charge with every late payment. All late payments owed to City under this Agreement shall survive the expiration or termination of this Agreement. 5 7. Accounting Procedures. 7.1 Main Records. Vendor shall maintain complete and accurate financial books and records of its operations of any and all Events in accordance with generally accepted accounting principles. The City or its representatives shall be entitled to inspect the books and records of Vendor’s operations of all Events during regular business hours at least once per month. In the event that such audit by the City or its representatives determines that the City has been underpaid or overpaid, the amount of any such underpayment shall be remitted to the City within ten (10) days of written notice to Vendor, and any such overpayment may be subtracted from future payments by Vendor. 7.2 Account Procedures. Vendor agrees to implement the following accounting procedures: i. The collection of deposits and fees for all of Vendor’s catering charges are the sole responsibility of the Vendor. Non-payment by Patrons to Vendor for services will not negate payment to City. ii. Vendor agrees to pay to City the City’s Commission for all services based on the final billing for each Event. A copy of Vendor’s invoice(s) to a Patron and any and all accounting records for each Event must accompany Vendor’s Commission payment to the City. iii. If Vendor reduces or waives fees to any Patron due to Vendor error, Patron complaint or other service issue, the Commission paid to the City will be calculated on the original amount due. iv. Vendor shall pay the City the Commission on a monthly basis as set forth in this Agreement. All necessary paperwork and payment for Special Events will be due to the City on or before the 15th of the month following the Special Event. Late payments will be charged a late payment fee, as set forth in this Agreement. v. The City reserves the right to inspect Vendor’s financial records for each Event. Vendor must provide all requested documentation within two business days of the City’s request. vi. Vendor shall pay all federal, state and local taxes which may be assess against Vendors sales at each Event, as well as all federal, state and local taxes assessed in connection with the operation of Vendor’s business upon City property. 8. Insurance. Vendor shall procure and maintain insurance with a company lawfully authorized to do business in Minnesota and until all of its obligations have been discharged and satisfied against claims for injury to persons or damage to property which 6 may arise from or in connection with the performance of the services provided hereunder by Vendor, its agents, representatives, and employees during the entire duration of this Agreement. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the minimum limits contained herein are sufficient to protect Vendor from liabilities that may arise out of the performance of the services and work under this Agreement by Vendor, its agents, representatives, employees or subcontractors and Vendor is free to purchase additional insurance as may be determined necessary. 8.1 Minimum Scope and Limits of Insurance. Vendor shall provide coverage at least as broad and with limits of liability not less than those stated below. Commercial General Liability - Occurrence Form General Aggregate $2,000,000 Products-Completed Operations Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Damage to Rented Leased Premises $ 100,000 Medical Expense (Any one person) Optional (This coverage must be amended to provide for an each-project aggregate limit of insurance) Workers' Compensation and Employer’s Liability Workers' Compensation Statutory Limits Employer's Liability: Each Accident $500,000 Disease-Each Employee $500,000 Disease-Policy Limit $500,000 Automobile Liability Combined Single Limit (each accident) $1,000,000 Underinsured Motorist $1,000,000 8.2 Other Insurance Requirements. The foregoing insurance policies shall be endorsed to contain the following provisions: i. The Vendor's insurance shall contain broad form contractual liability coverage 7 ii. The City shall be additional named insureds to the full limits of liability purchased by the Vendor even if those limits of liability are in excess of those required by this Agreement. iii. The Vendor's insurance coverage shall be primary insurance with respect to the City (and must be endorsed to read as primary coverage regardless of the application of other insurance). Any insurance or self-insurance maintained by the City shall be in excess to the coverage of the Vendor's insurance and shall not contribute to it. iv. The Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. Coverage provided by the Vendor shall not be limited to the liability assumed under the indemnification provisions of this Agreement. vi. The policies shall contain a waiver of subrogation in favor of the City. vii. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions applicable to the claims of the City. viii. All insurance policies shall be endorsed to require the insurer to immediately notify the City of any material change in the insurance coverage. ix. Vendor may maintain reasonable and customary deductibles, subject to approval of the City. x. Insurance must be purchased from insurers that are financially acceptable to the City and licensed to do business in the State of Minnesota. 9. Marketing. The City authorizes Vendor to use any graphics or photos from Events at the Venue for marketing purposes. If the City disapproves of any graphic or photo used by Vendor, upon notification by the City, Vendor shall immediately remove any and all graphic or photo used by Vendor from Vendor’s marketing materials. 10. Indemnification. 10.1 Vendor voluntarily assumes all risks of accident or damage to its property, employees, agents, invitees or any other person or entity for whom Vendor is legally responsible and any of its personal property. 10.2 Except to the extent caused by the willful misconduct or negligence of City, Vendor covenants, agrees to, and shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City and its elected officials, officers, employees, and representatives from and against any and all claims, liabilities, judgments, lawsuits, demands, harm, losses, damages, proceedings, suits, actions, causes of action, liens, fees, fines, penalties, expenses, or costs, of any kind and nature whatsoever made upon or incurred by the City, whether directly or indirectly, (“Claims”), that arise out of, result from, or relate to: (i) any of the products and services of the Vendor as described in this agreement, (ii) any representations and/or warranties by Vendor under this agreement, and/or (iii) any act or omission under, in performance of, or in 8 connection with this agreement by Vendor, or by any of Vendor’s owners, directors, officers, shareholders, managers, partners, employees, agents, invitees or any other person or entity for whom Vendor is legally responsible. 10.3 Vendor represents and warrants that its use of the Facility herein, will not generate, and Vendor will not store or dispose on the Facility nor transport to or over the Facility any hazardous substance. Vendor further agrees to hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous to toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. Vendor’s obligations under this paragraph shall survive the termination or expiration of this Agreement. Vendor shall also comply with all applicable state and local laws, statutes, ordinances and regulations, including applicable provisions of Minn. Stat. §340A.409. 10.4 Vendor shall promptly advise the City in writing of any claim or demand against Vendor or related to or arising out of Vendor's activities under this Agreement and shall see to the investigation and defense of such claim or demand at Vendor's sole cost and expense. The City shall have the right, at the City’s option and own expense, to participate in such defense without relieving Vendor of any of its obligations hereunder. The defense, indemnity, and hold harmless obligations set forth herein in Section 10 shall survive the expiration or termination of this Agreement. 11. Forum for Disputes. This Agreement is deemed to have been made in the State of Minnesota and will be construed and governed in accordance with Minnesota law. The parties agree to exclusively use the Courts of the County of Dakota, State of Minnesota to resolve any dispute arising from or relating to this Agreement or to any services provided pursuant to this Agreement. The parties consent to the jurisdiction of Minnesota Courts. 12. Notices. If under this Agreement, one party desires to give notice to the other, such notice shall be in writing and shall be effective upon receipt. Delivery may be by hand, by certified United States mail, or by facsimile. In the case of delivery by United States Mail, notice will be presumed to have been received two (2) business days after the date the notice was placed in the mail postage pre-paid and properly addressed to the other party. In the case of a faxed notice, notice will be presumed to have been received one (1) business day after the date on which the notice was sent, so long as a confirmation copy is also mailed to the other party. 9 If to the City: City of Apple Valley Attn: City Clerk 7100 147th Street West Apple Valley, MN 55124 With a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. Attn: Michael Dougherty, Esq. 14985 Glazier Avenue Suite 525 Apple Valley, MN 55124 If to the Vendor: A This Little Piggy Catering, Inc. d/b/a A’Britin Catering and Hospitality Attn: Seth Brittain 22280 Chippendale Avenue Farmington, MN 55024 13. Warranty. As applicable, each party to this Agreement warrants to the other that the party has all necessary right, power and authority to enter into this Agreement and to perform the acts required of it by the Agreement. Except as expressly set forth above, Vendor acknowledges and agrees that the City has not made any representations, warranties, or agreements of any kind, expressed or implied to Vendor. All implied warranties are expressly disclaimed. 14. Independent Contractor. The City and Vendor agree that the relationship created by this Agreement is that of independent contractor, and not of employer and employee, joint venture or partnership. Vendor retains the sole and exclusive right to control the manner, time, place, and means by which the services are performed under this Agreement. Vendor shall be solely and entirely responsible for its acts and for the acts of its employees, agents, and subcontractors in connection with any Event catered by Vendor or while Vendor is performing any services under this Agreement. Vendor shall be responsible for all the compensation and benefits of Vendors employees and for payment of all federal, state and local taxes payable with respect to any amounts paid to Vendor under this Agreement. No payroll, or employment taxes of an kind shall be withheld or paid with respects to payments to Vendor, including but not limited to FICA, FUTA, Federal and state personal income tax, state disability insurance tax and state unemployment tax. 15. Entire Agreement. The Agreement constitutes the entire understanding between Vendor and the City and supersedes all prior negotiations, representations, or agreements, either written or oral. No amendment or modification of the terms of this Agreement, except as may be expressly authorized herein, may be made and will not be effective unless agreed upon in writing by the City and Vendor. 10 16. Non-assignability. This Agreement may not be sold, assigned, pledged, subcontracted, transferred or otherwise conveyed by any means whatsoever by Vendor without prior written consent of the City, and any sale, assignment, pledge, subcontract, transfer or other conveyance by Vendor without the City’s prior written consent shall be null and void. 17. Disclosures by Federal of State Law. The terms and conditions of this Agreement and any information that Vendor supplies to the City may be disclosed by the City if City determines that such information should be disclosed in accordance with the Minnesota Government Data Practices Act (Minn. Stat. Ch. 13) or any other Federal or State laws. Tenant’s books, records, documents, and accounting procedures are subject to audit by the City and State of Minnesota pursuant to Minnesota Statute §§ 6.551 and 16C.05, subdivision 5. 18. No Waiver. The failure by the City to exercise any right, power, or option given to it by this Agreement, or to insist upon strict compliance with the terms of this Agreement, shall not constitute a waiver of the terms and conditions of this Agreement for any reason whatsoever. 19. Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written, intending to be bound hereby. (Signature page to follow) 11 City of Apple Valley, a Minnesota Municipal Corporation By: _______________________________ Mary Hamann-Roland Its: Mayor By: ________________________________ Pamela J. Gackstetter Its: Clerk A This Little Piggy Catering, Inc., a Minnesota Corporation d/b/a A’Britin Catering and Hospitality By: ________________________________ Its: ___________________________ STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this ______ day of ________________, 2018, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. ____________________________________ Notary Public STATE OF MINNESOTA) )ss. COUNTY OF __________) The foregoing was acknowledged before me this _______ day of __________________, 2018 by _______________________________________, the __________________________ of A This Little Piggy Catering, Inc., a Minnesota corporation, d/b/a A’Britin Catering and Hospitality on behalf of the Minnesota corporation. ____________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Ave, Suite 525 Apple Valley, MN 55124 (952) 432-3136 I T E M: 4.K . C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A pprove L icense Agreement with Dakota County for Project 2017-112, D akota County 38-52 C S A H 31 to T H 3, 2-L ane to 3-L ane S taff Contact: Matt Saam, P ublic Works Director D epartment / D ivision: P ublic Works D epartment AC T I O N RE Q UE S T E D: Approve a license agreement with Dakota County for access related to Project 2017-112, Dakota C ounty 38-52 C S A H 31 to T H 3, 2-Lane to 3-Lane. S UM M ARY: As part of the upcoming widening project along McAndrews Road (C S A H 38) from Pilot Knob east to T H 3 in Rosemount, Dakota C ounty will need to access various portions of the City's right-of-way, easements, and C ity-owned property adjacent to the corridor. In order to accomplish this, the City Attorney’s office recommends the use of a License Agreement. T he previously approved J oint Powers Agreement (J PA) for this project also requires the use of a License A greement for the C ounty to access the City's property. B AC K G RO UND : On J anuary 26, 2017, the C ity C ouncil approved a J PA with Dakota County for Project 2017-112, Dakota C ounty 38-52 (C ontract C 0028533). B UD G E T I M PAC T: None. AT TAC HM E NT S: Agreement LICENSE AGREEMENT This License Agreement (“Agreement”) is entered into by and between, the City of Apple Valley, a Minnesota municipal corporation (“Licensor”) and County of Dakota, a political subdivision of the State of Minnesota (“Licensee”) (each singularly “Party” and jointly “Parties”). RECITALS WHEREAS, Licensor is the owner of the properties located on attached Exhibit A (the “Licensed Areas”); and WHEREAS, Licensee desires to use the Licensed Areas temporarily in connection with its improvement to County State Highway 38 (McAndrews Road); NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants contained in this Agreement, the Parties agree as follows: TERMS 1. License: Licensor grants the Licensee and its agents, contractors, or sub- contractors a non-exclusive license to access and use the Licensed Areas solely for the purposes of construction of County State Aid Highway 38 and related infrastructure (the “Improvements”). This license is granted subject to all the terms and conditions set forth below. 2. Cost and Maintenance: There will be no cost charged for this Agreement. The Licensee shall be solely responsible to maintain the Licensed Areas in accordance with all applicable laws, ordinances and regulations, including but not limited to the City of Apple Valley zoning ordinance, building code, fire code and construction standards. 3. Liability: Each Party agrees that it will be responsible for its own acts and omissions and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts and omissions of the other Party and the results thereof. 4. Defense: The Licensee shall defend and hold the Licensor and its officers, employees, agents, representatives, attorneys, successors and assigns harmless against any and all third party personal injury and property damage claims arising out of or related to the Licensee’s use of the Licensed Areas. 5. Term: The term of this Agreement shall commence on the date this Agreement is approved by the Apple Valley City Council and shall terminate upon completion of the installation of Im provements. 6. Binding Effect: This Agreement is binding upon and inures to the benefit of the Parties hereto and their respective heirs, successors and assigns, but no third party may seek to enforce, nor shall benefit from, this Agreement. 7. Governing Law: This Agreement is governed, construed, and enforced under the laws of the State of Minnesota without regard to its conflicts of law provisions 2 8. Captions: Captions in this Agreement are for ease of reference only and should not be considered in the construction of this Agreement. 9. Waiver: Failure by a Party to enforce or exercise any right in this Agreement will not be construed as a present or future waiver of such right. 10. Assignability: This Agreement may not be assigned by Licensee without the other party’s express written consent of Licensor. 11. Amendment: The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by authorized officers of the parties to this agreement. 12. Entire Agreement: It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 13. Survival: The Licensee’s obligations and liabilities pursuant to this Agreement shall survive the termination of this Agreement. 14. Notice: Any notice or demand which must be given or made by a party under this Agreement shall be sent to: County of Dakota: Robert Kuennen Dakota County Transportation Department 14955 Galaxie Avenue Apple Valley, MN. 55124 City of Apple Valley: City Clerk 7100 west 147th Street Apple Valley, MN 55124 3 IN WITNESS WHEREOF, the Parties have executed this Agreement. CITY OF APPLE VALLEY By: ________________________________ Mary Hamann-Roland Its: Mayor By: _______________________________ Pamela Gackstetter Its: City Clerk DAKOTA COUNTY By: ________________________________ Name: ______________________________ Title: _______________________________ Dated: ______________________________ [END OF DOCUMENT] 4 EXHIBIT A Licensed Areas Area No. 1 Area 1, as shown on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 472 labeled as TE 2, according to the map on file and of record in the Dakota County Recorder’s Office, containing approximately 8,647 square feet. Area No. 2 Area 2, as shown on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 472 labeled as TE 5, according to the map on file and of record in the Dakota County Recorder’s Office, containing approximately 4,532 square feet. I T E M: 4.L . C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A pprove J oint P owers A greement with Dakota C ounty f or 2018 Sentence to S ervice (S T S) P rogram Work Crews S taff Contact: B arry B ernstein, Director of Parks & Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve J oint Powers Agreement with Dakota C ounty for 2018 Sentence to Service (ST S) Program Work C rews. S UM M ARY: Staff is seeking authorization to enter into a J oint Powers Agreement with Dakota C ounty for Sentence to Service Program Work C rews. T he term of the Agreement shall be the 2018 calendar year and cost shall not exceed $26,391.00. B AC K G RO UND : In the past, the Dakota C ounty S T S crews have provided a valuable manpower resource in aiding maintenance division goals, both parks and streets. Typical assignments have been litter collection along city streets, clean-up after J uly 4th events, hockey rink and shelter painting, fall tree wrapping and mulching, cleaning around storm ponds, etc. T he cost of this program for 2018 will be $463.00 per day and not to exceed $26,391.00. T he cost is split between the Parks and Street Maintenance Divisions. T he contract guarantees up to 57 crew days with a supervisor and an average crew of seven. T his has been an effective portion of maintenance operations. B UD G E T I M PAC T: Funding has been designated within the 2018 Budget for this project. AT TAC HM E NT S: Agreement I T E M: 4.M. C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A pprove Agreement with F rontier Ag & Turf for Project 2018-115, S upply (7) 72" Mowers for L ease S taff Contact: B arry B ernstein, Director of Parks & Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve the two-year agreement with Frontier Ag & Turf, for Project 2018-115, Supply (7) 72" Mowers for Lease, in the amount of $74,430.00, the lowest responsible proposal. S UM M ARY: A two-year agreement for Project 2018-115, Supply (7) 72" Mowers for Lease, with Frontier Ag & Turf is presented for C ity Council consideration. T he annual cost is $37,215.00. Staff recommends approval of the lease agreement with Frontier Ag & Turf. B AC K G RO UND : Proposals were sought for Project 2018-115, Supply (7) 72" Mowers for Lease. Information was sent to three potential vendors. Two responses were received: Quotation Vendor (5) Zero Turning Radius Mowers (2) Mowers to Accommodate Attachments Total Annual C ost Total Two- Year C ost Frontier Ag & Turf $20,900.00 $16,315.00 $37,215.00 $74,430.00 SEMA Equipment, Inc.$32,758.71 $27,921.59 $60,680.30 $121,360.60 A two-year agreement for Project 2018-115, Supply (7) 72" Mowers for Lease, with Frontier Ag & Turf is presented for City Council consideration. T he current lease agreement expires in A pril 2018. T he new agreement covers the lease of five zero turning radius mowers and two out front 4 wd mowers for use by the Parks Department beginning April 23, 2018. Frontier Ag & Turf is offering a total price of $74,430.00 which equates to an annual cost of $37,215.00. Staff has reviewed the proposal and recommends approval. B UD G E T I M PAC T: $37,215.00 annually (total of $74,430.00) AT TAC HM E NT S: Agreement Lease Agreement Project 2018-115, Supply 72” Mowers for Lease Page 1 of 4 LEASE AGREEMENT THIS AGREEMENT is made this 25th day of January, 2018, by and between Frontier Ag & Turf with offices at 2925 – 145th Street West, Rosemount, MN 55068 (hereinafter referred to as “Lessor”), and the City of Apple Valley with offices at 7100 - 147th Street West, Apple Valley, Minnesota 55124 (hereinafter referred to as “Lessee”). WHEREAS, Lessor desires to lease a total of seven (7) Mowers more specifically described in the proposal form, attached hereto as Exhibit A, and the itemized list of Mowers, attached hereto as Exhibit B (hereinafter referred to collectively as “Mowers” and individually as “unit”) to Lessee, and WHEREAS, Lessee desires to lease the Mowers described in Exhibits A and B from Lessor, NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto mutually agree as follows: 1. Mowers: Lessor, in accordance with the terms and conditions of this Lease Agreement and attached Specifications, hereby agrees to lease to Lessee and Lessee hereby agrees to lease from the Lessor the equipment described in Exhibits A and B. Title to the equipment shall at all times remain in the Lessor. 2. TERM: This lease is for a two (2) year period commencing April 23, 2018, and terminating April 22, 2020. 3. DELIVERY: The Mowers shall be delivered by the Lessor to Lessee at the Central Maintenance Facility, 6442 - 140th Street West, Apple Valley, Minnesota 55124. The cost of delivery shall be borne by the Lessor. If a unit is not delivered to Lessee within 10 days after the specified delivery date, this lease may be terminated by Lessee as to such unit; provided, however, the Lessor shall have no liability of any nature or kind to Lessee for late or alleged late delivers. 4. RENT: Lessee agrees that rent for the Mowers shall be equal to the amount specified in Exhibit A, in an annual installment due 30 days after delivery of Mowers. 5. USAGE: Lessee shall use the Mowers in a careful and proper manner and shall comply and conform to national, state, municipal, police and other laws, ordinances and regulations relating to the possession, use or maintenance of the Mowers. Lease Agreement Project 2018-115, Supply 72” Mowers for Lease Page 2 of 4 6. REPAIRS / MAINTENANCE: (a) Lessee agrees that it shall be responsible and pay for the costs attendant to the following items of maintenance and repair during the term of this lease: (1) Clean and wash said Mowers at reasonable intervals. (2) Inflate, change and repair flat tires. (3) Provide clean and proper fuel. Change oil and sharpen blades on a recommended maintenance schedule. (4) Lessee shall be responsible for repair costs associated with physical damage to units at the end of lease period, normal wear and tear excepted. (b) Lessor agrees that it shall be responsible and pay for the costs attendant to the following items of maintenance and repair during the term of this lease: (1) Perform all mechanical maintenance on Mowers. Warranty would cover any defects in material and/or workmanship. Lessee would be responsible for normal wear and tear parts and labor on Mowers (blades, filters, oil, etc.), as stated in section 6.(a) of this specification. (2) Furnish all replacement mechanical parts required. Anything defective in material and/or workmanship would be covered under the manufacturer’s warranty by the Lessor. Any parts that are wear and tear items (blades, filters, oil, etc.) would be the responsibility of Lessee, as stated in section 6.(a) of this specification. (3) Provide all major repairs and/or replacement of major components within two working days of notification. In the event said equipment is subject to damage, Lessee will immediately report the same to Lessor. Excluding damage, repairs beyond normal maintenance shall be performed by Lessor at no cost to Lessee. Lessor will be responsible for keeping Mowers completely operational during lease period (under penalty of $25 per day per mower after 48 hours notice of breakdown). Said amount shall be deducted by Lessee from its rental payment. Lessor shall furnish a replacement mower for the inoperable mower within three working days in which case the penalty will not be deducted from rent. Lease Agreement Project 2018-115, Supply 72” Mowers for Lease Page 3 of 4 7. RETURN OF EQUIPMENT: Within ten (10) days of expiration of the lease term for each unit, as specified in Exhibit A, Lessor shall pick up the same. The Mowers shall be returned in the condition as delivered to Lessee, ordinary wear and tear excepted. If any unit is lost, stolen, or destroyed or is declared a total constructive loss (subject to Lessor’s agreement as to such condition), Lessee shall promptly notify Lessor thereof and hold any wreckage for disposal by Lessor, and the unit shall be deemed surrendered to Lessor as of Lessor’s receipt of such notice. Lessor shall promptly cause any wreckage to be sold. Any wreckage not held by Lessee for disposal by Lessor shall be deemed sold at a price of zero dollars. Lessee shall be responsible for the cost of Mowers it cannot furnish to Lessor for return at end of lease. 8. STORAGE: Lessee agrees to provide secure storage for said Mowers during the entire term of this lease. Security of said Mowers shall be the sole responsibility of the Lessee. 9. LOSS OR DAMAGE: Lessee shall assume the entire risk of direct or consequential loss, theft, destruction, vandalism or damage of the said Mowers. No loss or damage shall relieve Lessee of the obligation to make rent or other payments. It is also agreed that any damage shall be repaired by Lessor and paid for by Lessee at Lessor’s prevailing rates less ten percent (10%) and less any insurance reimbursements. Lessee shall maintain and pay for all insurance against loss or damage as well as Public liability insurance (including as to negligence or any form of imputed, vicarious, strict or absolute liability and liability of employees and agents of Lessee beyond applicable workers’ compensation coverage). Lessee shall furnish Lessor with certificates indicating that such insurance is in full force and effect. 10. FAILURE OF DELIVERY OR REPAIR AND MAINTENANCE BY LESSOR: Lessor shall not be liable for failure to deliver, repair or maintain said Mowers, as herein contemplated, when such failure is attributable to fire, flood, strike, war or acts of God beyond the Lessor’s control. 11. TERMINATION OR DEFAULT: Lessor may terminate this Lease at any time with respect to all or any Mowers by 30 day written notice to Lessee if Lessee shall fail to make rental payments when due, attempt to sell or encumber units, cease operations, or otherwise become insolvent. 12. NONWAIVE: No covenant or condition of this lease may be waived except by mutual written consent of both parties. 13. NOTICES: Service of all notices under this agreement shall be mailed to the party involved at its respective address herein set forth. Any such notice, mailed to such address, shall be effective when deposited in the United State Mail, duly addressed, with postage prepaid by certified mail, return receipt requested. Lease Agreement Project 2018-115, Supply 72” Mowers for Lease Page 4 of 4 14. SECURITY INTEREST: Lessee shall provide such information as may be required by Lessor to protect its monetary interest in the Mowers under this agreement. Lessee shall assist in the preparation and filing of forms which may be required to provide such protection. 15. Lessee shall be liable for all expenses, personal injury and property damages and claims arising out of its possession, operation or transportation of the equipment herein described and shall hold Lessor and its assigns harmless therefrom. 16. Rental payment is due annually for the seven (7) mowers within 30 days of delivery to the City of Apple Valley, MN. The annual payment is $37,215.00. IN WITNESS WHEREOF, Lessor and Lessee have caused this agreement to be executed in their respective corporate names by their proper officers thereunto duly authorized on the day and year first written above. EXECUTED by City of Apple Valley (Lessee), this 25th day of January, 2018. by by Mary Hamann-Roland, Mayor Pamela J. Gackstetter, City Clerk EXECUTED BY , (Lessor) this th day of _____________, 2018. by Lessor Name Signature Printed Name of Signer Title I T E M: 4.N. C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A pprove Acceptance and F inal Payment on Agreement with Vision Woodworking, I nc., f or Municipal C enter Countertop Replacement 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 acceptance and final payment on agreement with Vision Woodworking, Inc., for Municipal C enter C ountertop Replacement Project, in the amount of $16,526.12. S UM M ARY: T he original plastic laminate countertops in the first and second floor bathrooms and in the kitchen reached the end of their useful life due to extensive use over the past 16 years. T his project replaced the worn and deteriorating countertops with new solid surfaces. T he cost of the original project was $15,065.45. One change order was approved in an addition of $1,460.67. T he final revised cost of the project is $16,526.12. B AC K G RO UND : Staff recommends the City Council approve acceptance and final payment on agreement with Vision Woodworking, Inc., for Municipal C enter C ountertop Replacement Project in the amount of $16,526.12. B UD G E T I M PAC T: N/A AT TAC HM E NT S: F inal Pay Documents I T E M: 4.O. C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 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 January 25, 2018 City of Apple Valley Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Name Last Name Action Position Status Dept. Base Pay Rate Pay Type Pay Scale Date (on or about) Sydney Andemar Hire Facility Attendant ‐ Warming House Seasonal 1800 $ 10.00 Hourly C‐01 1/13/2018 Ashley Brevik Hire Lead Skating Instructor II Part‐Time, Variable 5205 $ 16.00 Hourly C‐10 1/20/2018 April Ehmke Hire Police Officer Full‐Time, Regular 1200 $ 4,881.00 Monthly U‐P 1/29/2018 Paul Eppen Accept Resignation Firefighter Paid on Call Volunteer 1300 1/2/2018 Christian Haas Rehire Facility Attendant ‐ Warming House Seasonal 1800 $ 10.25 Hourly C‐01 1/4/2018 James Hughes Accept Resignation Police Officer Full‐Time, Regular 1200 1/5/2018 Madisyn Huss Hire Facility Attendant ‐ Warming House Seasonal 1800 $ 10.00 Hourly C‐01 1/15/2018 Jerry Jacobs Acting Assignment Working Foreman Full‐Time, Regular 5305 $ 32.87 Hourly UMW 1/8/2018 Jerry Jacobs Promotion Working Foreman Full‐Time, Regular 5305 $ 32.87 Hourly UMW 1/26/2018 Timothy Kapala Hire Facility Attendant ‐ Warming House Seasonal 1800 $ 10.00 Hourly C‐01 1/13/2017 Matthew Karnick Fire Officer Assignment Station 3 Lieutenant Paid on Call Volunteer 1300 $ 16.00 Hourly UMW 1/1/5/2018 Kayla Lemke Rehire Facility Supervisor Part‐Time, Variable 1900 $ 18.65 Hourly C‐08 1/20/2018 Sam Levey Hire Facility Attendant ‐ Warming House Seasonal 1800 $ 10.00 Hourly C‐01 1/15/2018 Zach Nelson Acting Assignment Working Foreman Full‐Time, Regular 5365 $ 32.87 Hourly UMW 1/8/2018 Eric Purves Fire Officer Assignment Station 2 Lieutenant Paid on Call Volunteer 1300 $ 16.00 Hourly FIRE 1/15/2018 Colleen Strohmayer Hire Police Officer Full‐Time, Regular 1800 $ 4,881.00 Monthly U‐P 1/29/2018 Irene Swain Rehire Facility Attendant ‐ Warming House Seasonal 1800 $ 10.50 Hourly C‐01 1/15/2018 Courtney Wahl Hire Police Officer Full‐Time, Regular 1200 $ 4,881.00 Monthly U‐P 1/29/2018 Thomas Weise Promotion Engineering Technician II Full‐Time, Regular 1510 $ 31.38 Hourly 170 1/26/2018 Jack Young Hire Facility Attendant ‐ Warming House Seasonal 1800 $ 10.00 Hourly C‐01 1/13/2018 The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 I T E M: 4.P. C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:C onsent Agenda Description: A pprove Claims and Bills S taff Contact: Ron Hedberg, F inance Director D epartment / D ivision: F inance Department AC T I O N RE Q UE S T E D: Approve claims and bills. S UM M ARY: Attached for C ity C ouncil review and approval are check registers for recent claims and bills. B AC K G RO UND : N/A B UD G E T I M PAC T: Check registers dated J anuary 4, 2018, and J anuary 10, 2018, in the amounts of $175,273.16, and $2,210,038.17 respectively. AT TAC HM E NT S: C laims and B ills C laims and B ills I T E M: 5.A . C O UNC I L ME E T I NG D AT E :J anuary 25, 2018 S E C T I O N:Regular Agenda Description: A dopt Resolution P roclaiming F ebruary 3, 2018, as “A pple Valley Mid-W inter F est” S taff Contact: B arry B ernstein, Director of Parks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Adopt the resolution proclaiming February 3, 2018, as “Apple Valley Mid-Winter Fest.” S UM M ARY: Approval of the attached resolution is requested to formally announce activities associated with the Annual Apple Valley Mid-Winter Fest C elebration, scheduled for Saturday, February 3, 2018, at the Apple Valley C ommunity Center/Hayes Park. B AC K G RO UND : A variety of activities for the whole family are planned for the 2018 Mid-Winter Fest. Most events are scheduled for Saturday, February 3 at Hayes Park and within Apple Valley Community C enter. However, a volleyball tournament will be held on Sunday, February 4. Staff invites the public to attend and "D on't Hibernate, Celebrate" with Apple Valley Parks and Recreation. B UD G E T I M PAC T: Funds within the 2018 Budget have been allocated to support this event, as well as donations from various sponsors. AT TAC HM E NT S: Proclamation Presentation CITY OF APPLE VALLEY RESOLUTION 2018- A RESOLUTION PROCLAIMING APPLE VALLEY MID-WINTER FEST 2018 WHEREAS, the City Council feels strongly that winters are here to stay in Apple Valley; and WHEREAS, we are not going to hide from winter, rather we are going to go out and celebrate winter at a Mid-Winter Festival; and WHEREAS, there is no better place to celebrate winter than right here in Apple Valley; and WHEREAS, the activities proposed will foster a sense of individual and community pride within the City; and WHEREAS, the Apple Valley civic organizations, business community, Parks and Recreation Department and Mid-Winter Fest Volunteers have joined together to support a wide variety of activities and civic celebration, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that February 3, 2018, is hereby proclaimed to be “Apple Valley Mid-Winter Fest 2018” and the City Council encourages the citizens to support and participate in the celebration. ADOPTED this 25th day of January, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 1/24/2018 1 Saturday, February 3rd 9am-2pm FREE fun filled event for the whole family Medallion Hunt Bonfire with FREE s’mores Horse Drawn Wagon Rides Ice Carving Mites Hockey Jamboree Ice Skating 1/24/2018 2 Kid’s Pizza Lunch with Klondike Prize Drawings Balloon Animals Caricaturist Drawings Face Painting Adult Cribbage Tournament Coloring Contest Inflatables •Photo Booth •Wacky Hair & Nails & Tatoos •KidsDance DJ •Community Booths •Crafts •Games •Wandering Entertainers •Scouting Adventure Zone Co-Rec Volleyball-Sat Women’s Volleyball-Sun 1/24/2018 3 Sponsors Booths & Activities St. Paul Area Assoc. of Realtors–DJ, inflatable, Dazzling Dave Yo-yos Dakota Electric, Photo Booth Custom Remodelers, Inc.-Horse Drawn Wagon Rides Midwest Dental-Ice Carving The Goddard School-Teddy Bear Band Royal Credit Union-Medallion Hunt AV Eye Care – Balloon Animal Creations Valley Sales-Caricaturist CNH Architects, Inc.-S’mores Kalli’s Popcorn-Magic Justin Mindful Asset Planning-Adult Cribbage Tournament Remax Results/Glenn Solberg-Free Popcorn stand AV Arts Honor Society-Face Painting AV & EV Hockey Associations-Mites Jamboree Park Dental of Apple Valley Dr. Jennifer Eisenhuth Orthodontics Cedar South Chiropractic Dakota County Library Dog Day Get Away The Goddard School Royal Credit Union Renewal by Anderson School District 196 ECFE Custom Remodelers, Inc. Discover Family Chiropractic Mom’s Club of Apple Valley Health Source Chiropractic Wise Swim School IMAX Tide Dry Cleaners Fairview Ridges Hospital Boy Scouts of America Eastview & AV Hockey Associations Carbone’s Prize Donators Apple Valley Dairy Queen Midwest Dental of Bloomington Nothing Bundt Cakes-Eagan Dakota County Library ISD 196 Community Ed & ECFE Tide Dry Cleaners Discover Family Chiropractic MN Zoo IMAX Theater Scott Chiropractic Clinic Wise Swim School Fairview Ridges Hospital Tobacco Valley 1/26/2018 1 2018 FROZEN APPLE CONCERT SERIES Patty Peterson presents Jazz Women’s All-Stars Featuring Tony Axtel February 10 The Riverside Hitmen– March 10 Valleywood Golf Course Clubhouse 4851 McAndrews Road Music 6:00 to 9:00 pm (doors open at 5:00 pm) All concerts are FREE and open to the public Purchase and Enjoy delicious food and a full cash bar Concert attendees are encouraged to enter drawings for prizes awarded at the end of each concert Must be present to win I T E M: 7. C O UNC I L ME E T I NG D AT E:J anuary 25, 2018 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 Tue./J an. 23 6:00 p.m.Municipal C enter Special Informal C ity Council Meeting with Planning Commission T hur./J an. 25 4:30-6:30 p.m.Image360 Chamber Business After Hours T hur./J an. 25 6:00 p.m.Municipal C enter ED A Meeting T hur./J an. 25 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * Fri./J an. 26 6:00-10:00 p.m.Apple Valley Senior Center City of Apple Valley Employee Recognition Event Tue./J an. 30 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee Meeting Sat./Feb. 3 City of Apple Valley 2018 Mid-Winter Fest Celebration Wed./Feb. 7 7:30-9:00 a.m.Eagan C ommunity Center MLC Regional Legislative Breakfast Meeting Wed./Feb. 7 8:00 a.m.360 C ommunities J oint Chamber C offee Connection Wed./Feb. 7 7:00 p.m.Municipal C enter Planning Commission Meeting T hur./Feb. 8 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting T hur./Feb. 8 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * Sat./Feb. 10 5:00-9:00 p.m.Valleywood C lubhouse Apple Valley Arts Foundation Frozen Apple C oncert Series Sun./Feb. 11 12:00 p.m.Fire Station 1 Annual Firefighters Relief Association Meeting Mon./Feb. 19 City Offices C losed President's Day Wed./Feb. 21 7:00 p.m.Municipal C enter Planning Commission Meeting T hur./Feb. 22 4:30-6:30 p.m.American Legion Post 1776 Chamber Business After Hours T hur./Feb. 22 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * Sat./Feb. 24 5:30 p.m.Valleywood Fire Department Awards Banquet Wed./Feb. 28 9:00 a.m.Municipal C enter Firefighters Relief Association 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