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HomeMy WebLinkAbout04/12/2018 Meeting M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 The Council will host a reception for City volunteers beginning at 6:45 p.m. at the Municipal C enter, in observance of Volunteer Recognition Week April 12, 2018 C IT Y C O UN C IL IN F O RMA L MEET IN G T EN TAT IVE D ISC US SIO N IT EMS 5:30 P M 1.C ouncil Discussion Items (10 min.) 2.Discuss Food and Beverage Catering Services at Valleywood Golf Course (20 min.) 3.Discuss Water Meter Non-Compliance Policy (20 min.) 4.Update on 2040 Comprehensive Plan Housing Strategies (20 min.) 5.Adjourn C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A 7:00 P M 1.C all to Order and Pledge 2.Approve Agenda 3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda 4.Approve C onsent Agenda Items C onsent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda f or consideration. A.Approve Minutes of March 22, 2018, Regular Meeting B.Approve State Gambling Exempt Permit for BV United Soccer C lub, at 14255 J ohnny C ake Ridge Road, on J une 24, 2018 C .Proclaim April 27, 2018, as "Arbor Day" and May 2018 as "Arbor Month" D.Adopt Resolution Setting Public Hearing at 7:00 p.m. on May 10, 2018, for 2018 Special Assessment Roll No. 653, $153,360.69 - Delinquent Utilities E.City Online Auction 1. Declare Certain C ity Vehicles and Equipment as Surplus 2. Authorize Disposal of Unclaimed Property and Surplus City Vehicles and Equipment by Public Auction 3. Approve Agreement with Assets 2 Cash, LLC, for Online Auction Conducted through K-Bid F.Approve 2018-2019 Insurance Renewals 1. League of Minnesota Insurance Trust, Electing to Not Waive Statutory Liability Limits 2. Appoint Assured Partners, Inc., as Agency of Record G.Approve Use of Fire Station 3 by Apple Valley Firefighters Relief Association for Fundraising Activities on April 28, 2018 H.Approve Release of All Claims for Property Damage to Sanitary Lift Station 3 Impeller I.Approve Release of Various Financial Guarantees J .Award Agreements Under 2018 South Metro C ities J oint Powers Agreement for Project 2018-125, Street Maintenance Services K.Approve Management Agreement with Pear One, Inc., d/b/a Roasted Pear, for Exclusive Food and Beverage Service at Valleywood Golf Course L.Approve Maintenance Agreement with Independent School District 196 for Storm Water Pond and Infiltration Basin and Underground Infiltration System C onstruction M.Approve Cost Share Agreement with Dakota C ounty for Election Electronic Pollbooks Hardware, Software, and Related Services N.Approve Two-Year Agreement with Midwest Vending Services, Inc., for C oin-Operated Vending Services at Municipal Buildings O.Approve Agreement with J irik Sod Farm, Inc., for Project 2018-127, 2018 Sod Replacement Services P.Approve Agreement with Nordic Services, Inc., d/b/a Nordic Mechanical Services for Project 2018-135, Well 5 Air Conditioner Installation Q.Approve Agreement with Hawkins, Inc., for Project 2018-138, Outdoor Pool Water Management R.Approve Personnel Report S.Approve Claims and Bills 5.Regular Agenda Items A.Firefighter Introductions and Oaths of Office B.Proclaim April 15-21, 2018, as "Volunteer Recognition Week" in Apple Valley C .Pass Ordinance Amending C hapter 123 of the City C ode, Regulating Massage T herapy Establishments and T herapists (Second reading) 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the C ity's website at www.cityof applevalley.org I T E M: 2. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:I nformal A genda I tem Description: Discuss Food and Beverage Catering S ervices at Valleywood Golf Course (20 min.) S taff Contact: B arry B ernstein, Director of P arks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: Staff is recommending a partnership with Pear One, Inc., d/b/a Roasted Pear, to be the exclusive food and beverage service provider at Valleywood Golf C ourse under a Management Agreement with the C ity. We would like to discuss this arrangement with the City C ouncil at the April 12, 2018, informal meeting. B AC K G RO UND: Pear One, Inc., dba Roasted Pear, owns and operates two restaurants (Burnsville and Brooklyn Park) and also has extensive experience with event catering. Under the recommended Management Agreement, Pear One, Inc., dba Roasted Pear, will provide exclusive food and beverage service at Valleywood. T he Management Agreement is intended to be an interim step in bringing Pear One, Inc., dba Roasted Pear, on-board as our food and beverage provider for a five-year term. T he interim step is necessary in order to allow them to apply for and be approved for a liquor license at the facility. During the term of the Management Agreement, Pear One, Inc., dba Roasted Pear will operate under the C ity's liquor license currently in effect at Valleywood. Once the new liquor license is approved in the name of Pear One, Inc., dba Roasted Pear, a Lease Agreement will also be presented for approval. Valleywood staff has been actively working to solve the food service challenges associated with the demand for events in the clubhouse facility. T he primary issue has been an extremely limited supply of qualified cooks and chefs to work in a seasonal, variable-hour capacity as required at Valleywood. After attempting and failing to attract qualified staff for the last three years, our ability to provide food and beverage service and to host special events at the clubhouse was significantly diminished. Hoping to drive more event business to Valleywood, staff began researching outside food and beverage providers to serve as our potential partners. Over a dozen food service providers were contacted to gauge their interest in providing food service at Valleywood. We have worked with several interested providers over the past two months in an attempt to identify the best fit for Valleywood and our patrons. Staff is pleased to announce that Pear One, Inc., dba Roasted Pear, is enthusiastically interested in becoming our food and beverage provider at Valleywood. We are also impressed that they want to assist in marketing Valleywood to attract more events to the facility. Under the terms of the Management Agreement, the C ity will receive a 9 percent commission on all food and beverage sales made at Valleywood. In addition, Valleywood will retain all rental fees (room rental, audio visual, décor). Pear One, Inc., dba Roasted Pear, will also market and promote our facility at the various food and wedding shows they attend, and also through their print, website and social media advertising campaigns. T he Management Agreement is anticipated to be in effect for several months as Pear One, Inc., dba Roasted Pear prepares, and the C ity processes, their liquor license application. Subsequently, a Lease Agreement will be brought forth outlining the specifics of a five-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), five years is deemed to be a reasonable amount of time to determine the success of the partnership. B UD G E T I M PAC T: During the term of the Management Agreement, the C ity will receive a 9 percent commission on all food and beverage sales. In addition, Valleywood will retain all rental fees (room rental, audio visual, décor). AT TAC HM E NT S : Agreement MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT (“Agreement”) is made effective as of _____________________, 2018 (the “Effective Date”), between City of Apple Valley, a Minnesota municipal corporation (“City”) and Pear One, Inc., a Minnesota corporation, d/b/a Roasted Pear (“Manager”). RECITALS: 1. The City owns Valleywood Golf Course (“VGC”) located at 4851 McAndrews Road, Apple Valley, MN 55124 which is a golf course configured with 18-holes of golf, one (1) driving range, two (2) putting greens, outbuildings, and a two-level clubhouse (the “Clubhouse”). The upper level of the Clubhouse has a pro shop, a special event room, a full-service commercial kitchen, a clubroom with a full-service bar, restrooms, and circulation space. The lower level of the Clubhouse has golf cart storage, miscellaneous storage space, a walk-in cooler, a walk-in freezer, a dry room, and mechanical space. VGC provides food and beverage services to VGC patrons and for Special Events (defined below) (“Food and Beverage Service”) held at VGC. “Special Event” or “Special Events” mean any event or occasion hosted by a private party or entity held in the special event room in the Clubhouse or other space(s) at VGG. 2. The Manager is experienced in the operation and management of food and beverage services and hospitality, including but not limited to, restaurants and catering. 3. The City desires to engage the Manager to manage its Food and Beverage Services and Special Events, and the Manager desires to operate and manage the Food and Beverage Services and Special Events on the terms set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. Engagement and Authorization 1.1 Engagement As Manager. City hereby engages Manager as its sole and exclusive agent to supervise, manage, direct and control the operations of the Food and Beverage Services and Special Events, in accordance with the terms and conditions hereof. Manager hereby accepts such engagement as the manager of the Food and Beverage Services and Special Events during the Term, as hereafter defined, of this Agreement. 1.2 Grant of Authority. City hereby grants Manager full power and authority to take all actions and to do all things reasonably required to perform the obligations of the Manager under this Agreement; provided that Manager shall not have the power and authority to grant any mortgage, encumbrance, security interest, pledge or other lien on any tangible or intangible asset of City without the approval of City. In the performance 2 of this Agreement, Manager shall act as the agent of City and such power and authority will be limited to providing the Services, as defined herein. Manager, at all times, shall be independent of City. Nothing contained herein shall be deemed to make or render the Manager a partner, co-venturer or other participant of the City, or in any manner to render City liable, as principal, surety, guarantor, agent or otherwise for any of the debts, obligations or liabilities of Manager. Manager shall operate the Food and Beverage Services and Special Events in accordance with the operating practices established by City. 1.3 Temporary Access License. Manager is granted a temporary and revocable license to enter and occupy VGC for the sole purpose of performing the obligations of the Manager under this Agreement. Manager’s right to enter and occupy VGC shall end immediately upon termination of this Agreement with the following exception: Manager may enter VGC solely for the purpose of performing and completing Manager’s continuing obligations required under this Agreement for Special Events that were previously reserved prior to the date of termination. 2. Term. The term of this Agreement shall commence at 8:00 a.m. on ________________ and end at 10:00 p.m. on the day the City of Apple Valley issues a liquor license to Manager or at 5:00 p.m. on October 31, 2018 (the “Expiration Date”), whichever date occurs first, unless terminated sooner pursuant to this Agreement. 3. Manager’s Duties. Throughout the Term of this Agreement, Manager will use the Manager's commercially reasonable efforts and due diligence to manage and operate the Food and Beverage Services and Special Events. During the Term, Manager shall provide City with the following specific services (hereinafter collectively referred to as the “Services”): 3.1 Food and Beverage Services and Special Events Management. Manager shall oversee the day-to-day management of the Food and Beverage Services and Special Events, which responsibilities shall include, but are not limited to: (a) operating, servicing, and managing food and beverage services to VGC’s patrons; (b) operating, servicing, and managing the Clubroom and full-service bar, including, but not limited to providing food and beverage services; (c) operating, servicing, and managing the Special Events held at VGC, including, but not limited to providing food and beverage service; (d) training and supervising employees, as more particularly described below; (e) reviewing, approving and paying of all operating expenses authorized by the City; (f) maintaining Food and Beverage Services and Special Events files and records; (g) performing general administrative functions; (h) preparing and monitoring activities required by the City; (i) providing first-class customer service to VGC and Special Event customers; (j) ensuring customer complaints will be received, logged and resolved in a reasonable manner and reporting any serious issues or concerns to the City; (k) complying with any and all state and City of Apple Valley licensure requirements, including but not limited to, Health Department License and a Certified Food Manager’s License and any other required licensures throughout the duration of this Agreement; (l) complying with all local/state/federal health code regulations, codes, rules and laws concerning food and beverage services. 3 3.2 Accounting and Bookkeeping. Administer and supervise all of the finances of the Food and Beverage Services and Special Events, including payroll, taxes, accounting, bookkeeping, record keeping, managing or accounts payable, and accounts receivable, banking, financial records and reporting functions as they pertain to the Food and Beverage Services and Special Events. Manager shall prepare and maintain financial statements for the Food and Beverage Services and Special Events according to generally accepted accounting principles consistently applied and shall provide the City with weekly operating reports and statements including but not limited to cash flow statements, income statements, accounts payable and accounts receivable reports and such other reports and information as may be requested by City from time to time, as set forth herein. 3.3 Reports. Manager shall maintain full and adequate records and books of account and such other records as might be appropriate to reflect the results of operation of the Food and Beverage Services and Special Events, and which shall reflect all revenues and expenditures and all other receipts and disbursements relating to the Food and Beverage Services and for each Special Event. All books and records will be the property of the City and the City will have access thereto at all times. Each week on Monday, Manager shall prepare and furnish to City the following information for the preceding week (Saturday through Friday): 3.3.1 Financial Statements. A statement in form acceptable to the City indicating the receipts, disbursements, delinquencies and uncollected items arising from the operation of the Food and Beverage Services and Special Events; 3.3.2 Supporting Data. At the City's request, copies of the following: (a) all checks, bank statements, bank deposit slips and bank reconciliations; (b) detailed cash receipts and disbursement records; (c) copies of all invoices; (d) supporting documentation for payroll, payroll taxes and employee benefits; and (e) such other information as the City might reasonably request; 3.3.3 Other Reports. Such other reports and documents as might be reasonably requested by the City from time to time (including, without implied limitation, certificates of compliance and other instruments required in connection with any bond financing relating to the Food and Beverage Services and Special Events). The reports shall be sent by email to Ron Hedberg, Jake Bosley, Barry Bernstein, and Jim Zinck. If requested by the City, the Manager shall also furnish the reports to the City in whatever form the City requires (e.g. paper reports). 3.4 Staffing. Manager shall train, supervise, and pay all of the Food and Beverage Services and Special Events employees and other personnel (“Employees”) necessary to fulfill its obligations hereunder. All Employees shall be the employees or independent contractors of Manager and not the employees or independent contractors of the City. Manager shall determine the number of staff required to operate the Food and Beverage 4 Services and Special Events. Manager shall, at Manager’s expense, cause Employees to be covered by workers’ compensation insurance and such other insurance as is now or hereafter required by law. Manager shall maintain all personnel and payroll records and manage all Employee benefits programs, including, but not limited to, health insurance, dental insurance, short and long term disability plans, life insurance, workers’ compensation, cafeteria plans, vacation plans, sick leave, if any such benefits are offered. 3.5 Purchase of Materials and Supplies. Supervise and control the purchase of supplies, food, beverage (including, without limitation, wine and liquors), inventory, and materials which are required to operate and maintain the Food and Beverage Services and Special Events. Manager is solely responsible for paying for all of the costs and expenses of the food and beverage provided at VGC, including food and beverages for the Special Events. Manager shall pay or cause to be paid, within five days after receipt thereof (unless an earlier payment is required), all invoices in connection with the purchase of supplies, food, beverage, inventory, and materials required to operate and maintain the Food and Beverage Services and Special Events. Notwithstanding the foregoing, the Manager shall not have the authority, without the express written consent of the City, to purchase in the name of the City, any assets, supplies, equipment, or inventory outside the ordinary course of business, or incur any indebtedness outside the ordinary course of business. 3.6 Maintenance. Maintain VGC’s equipment in good repair, order and condition, normal and reasonable wear and tear acceptable, and maintain the premises of VGC in a manner which maximizes the appearance of VGC and operation of the Food and Beverage Services and Special Events, including without limitation, interior and exterior cleaning, plumbing, and such other normal maintenance and repair work as might be desirable. 3.7 Care of the Premises. Manager shall keep the premises of VGC in as good condition and repair as it was at the time of the Commencement Date, reasonable wear and tear acceptable, and in a safe, clean and sanitary condition and in compliance with all applicable laws, ordinance, rules and regulations of governmental authority, or of any company or companies insuring against losses resulting from damage or destruction to the premises from personal injuries, deaths or property damage occurring, in, on or about the premises. Manager shall not commit any nuisance or waste on the premises of VGC, maintain a controlled access to the premises of VGC and Special Events, and keep the premises of VGC free of any and all pests and rodents and take an y and all necessary actions to keep the premises free of any and all pests and rodents. 3.8 Operating Account. Manager shall make sure that all funds and cash receipts, exclusive of working capital, from the Food and Beverage Services and Special Events are deposited into the City’s drop safe on a daily basis and hold in a fiduciary capacity all monies furnished by City and all funds received from the operation of the Food and Beverage Services and Special Events. In particular, Manager shall deposit or cause to be deposited daily cash receipts and funds, exclusive of working capital, into the City’s drop safe no later than 3:00 p.m. of the next business day. For example, all funds and cash 5 receipts collected on Monday shall be deposited in the City’s drop safe no later than 3:00 p.m. on Tuesday, whereas all funds and cash receipts collected from Friday, Saturday, and Sunday shall be deposited in the City’s drop safe no later than 3:00 p.m. on Monday. Manager shall obtain and retain all receipts of all transactions in connection with the Food and Beverage Services and Special Events. Manager will pay any and all amounts authorized by the City. In addition, it shall be the Manager’s responsibility to confirm that all of the credit charges run through the Manager’s POS (point of sale) system and properly identified as receipts originating from VGC. 3.9 Excluded Responsibilities. The City will be responsible for the reservation/booking of the event space for Special Events and shall communicate event dates to Manager immediately upon the reservation confirmation. The City will also be responsible for setting up and tearing down chairs and tables and placing and removing the table linens (and ceiling drapery, if requested by the Special Event customer) for the Special Events. The City will coordinate table and chair set up with Manager. Manager is responsible for all other Special event set-up and tear down. 3.10 Continuing Obligation. It is understood and agreed to by the parties that if this Agreement is terminated or expires, Manager shall continue to provide Food and Beverage Services for those Special Events that were previously reserved as of the date of termination or expiration in compliance and accordance with the terms of this Agreement. The Manager shall continue to provide all required invoices and accounting records for these Special Events according to the terms of this Agreement. Manager shall not provide Food and Beverage Services for any Special Events reserved after the date of termination or expiration. This paragraph 3.10 shall survive termination or expiration of this Agreement. 4. Limitation on Manager’s Authority. In addition to any other limitations on Manager’s authority set forth in this Agreement, Manager shall not, without City’s written approval, take any of the following actions with respect to the Food and Beverage Services and Special Events (except as otherwise expressly permitted by the terms hereof or otherwise approved in writing by City): 4.1 enter into any contract or other agreement or so modify or amend any such contract or agreement; or 4.2 enter into any lease, license, concession or other occupancy agreement; or 4.3 enter into any arrangement for the employment of any professional firm; or 4.4 enter into, renew, modify, amend or terminate any union contract or collective bargaining agreement affecting the Food and Beverage Services and Special Events; or 4.5 settle any litigation or claims; or 4.6 extend credit to any single customer or group of related customers; or 6 4.7 borrow money, issue any guarantees or incur any interest or contingent obligation against VGC or the City; 4.8 provide complimentary services to any patrons without the written approval of City; or 4.9 acquire any capital assets or interest therein; or 4.10 finance, refinance or otherwise encumber VGC, or any portion thereof; or 4.11 take any other action that is prohibited under the terms of this Agreement or requires the approval of City. 5. Compliance. Manager shall manage, operate, and maintain the Food and Beverage Services and Special Events in such a manner that is at all times in substantial compliance with: (i) all zoning and use restrictions, fire codes, building codes, and other requirements issued by any governmental authority; (ii) any and all licenses, permits and other authorizations required in the operation of the Food and Beverage Services and Special Events; (iii) any policy of insurance covering the Food and Beverage Services and Special Events; (iv) all applicable laws and regulations. Manager shall also provide the City with 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. 6. Minimum Operation of Food and Beverage Services and Special Events. At a minimum, Manager shall open the Food and Beverage Services and Special Events for Food and Beverage Services and Special Events seven (7) days a week as follows: 6.1 General. During the peak golf season (Memorial Day through Labor Day), hours shall be 8:00 a.m. to 10:00 p.m. During the golf shoulder seasons (before Memorial Day and after Labor Day), hours shall be 9:00 a.m. to 7:00 p.m. Notwithstanding the foregoing, upon mutual agreement of the parties, the Manager or designated City representative may adjust service hours depending on weather, outing numbers (golfing events), and customer needs. 6.2 Special Events. As necessary pursuant to Special Event reservations. 7. Management Fee and Expense of Manager. 7.1 Management Fee. So long as this Agreement is in full force and effect and Manager is not in default hereunder, Manager shall be entitled to a management fee in an amount equal to ninety one percent (91%) of the Gross Sale of food and beverage for each Sales Week, as compensation for the services provided by Manager hereunder (the “Management Fee”). For purposes of this Agreement, “Sales Week” means Saturday through Friday. The Management Fee shall be payable on the Monday of each Sales Week, for revenue received the previous Sales Week. For purposes of this Agreement, “Gross Sales” means the gross selling price of all food and beverages sold by Manager at 7 VGC or food and beverages prepared off site and brought into VGC for service by Manager, 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. Upon Commencement of this Agreement, City will provide to Manager an initial Management Fee in an amount sufficient to cover the first week’s operating expenses. On the Monday following the first week, after receiving and reviewing the reports submitted by Manager, the City will reconcile the sale of food and beverages and adjust (deduct or add) the next payment of the Management Fee accordingly. Manager agrees that the Management Fee is intended to cover all of Manager’s general and administrative overheard, and all salary and other compensation of Manager, Manager’s affiliates, and Manager’s employees, if any. 7.2 Expenses of Manager. All of the following expenses are the sole expense of the Manager: payroll processing fees for Manager’s employees, if any, required for Manager to provide the Services, any health plan or benefit plan fees, including maintenance fees, for Manager’s employees, all of Manager’s operating expenses required for Manager to provide the Services. 8. Termination. City, at its sole option, may terminate this Agreement: (i) for any reason at any time during the Term upon seventy two (72) hours written notice to Manager. 9. Certain Obligations of Manager After Termination. Upon termination of this Agreement, Manager shall: (i) deliver to City all records, books, accounts, files, and other documentation (the “Records”) pertaining to the management, maintenance, operation, marketing of the Food and Beverage Services and Special Events, including, without limitation, all records relative to the employees, suppliers, finances, and affairs of the Food and Beverage Services and Special Events; (ii) deliver and assign, transfer or otherwise convey to City all contracts, excluding Manager’s contracts, and all personal property relating to or used in the management, operation and maintenance of the Food and Beverage Services and Special Events, including, without limitation, all keys, combinations to locks and other security devices, documents, materials, operating supplies, furnishings and equipment, provided that any personal property owned by Manager may be retained by Manager; (iii) prepare and deliver to City a full set of reports for the Food and Beverage Services and Special Events in accordance with paragraph 3.3, current to the date of termination; (iv) deliver all funds held by Manager that are due to City under the terms of this Agreement; and (v) render such assistance as City might reasonably request to facilitate an orderly transition in the management and operation of the Food and Beverage Services and Special Events. 10. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered by hand, mailed by certified or registered mail with postage prepaid or by overnight mail, or if sent by facsimile as follows: 8 If to Manager, to: Pear One, Inc. d/b/a Roasted Pear Attn: Craig Rebers 12250 West Frontage Road Burnsville, MN 55337 If to City, to: City of Apple Valley c/o City Clerk 7100 – 147th Street West Apple Valley, MN 55124 11. Insurance. 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 Manager from liabilities that may arise out of the performance of the services and work under this Agreement by Manager, its agents, representatives, employees or subcontractors and Manager is free to purchase additional insurance as may be determined necessary. Prior to commencement of this Agreement, Manager shall furnish to the City copies of insurance policies evidencing the coverage required under this Section 11. 11.1 Minimum Scope and Limits of Insurance. Manager shall provide coverage at least as broad and with limits of liability not less than those stated below. 11.1.1 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) 11.1.2 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 18.1.3. Automobile Liability Combined Single Limit (each accident) $1,000,000 Underinsured Motorist $1,000,000 11.1.3 Liquor Liability Upon the City of Apple Valley’s approval of a liquor license for Manager, Manager shall immediately procure and maintain liquor 9 liability insurance in an amount in accordance with the City of Apple Valley Code of Ordinances. 11.2 Other Insurance Requirements. The foregoing insurance policies shall be endorsed to contain the following provisions: 11.2.1 The Manager's insurance shall contain broad form contractual liability coverage. 11.2.2 The City shall be named as additional insured to the full limits of liability purchased by the Manager even if those limits of liability are in excess of those required by this Agreement. 11.2.3 The Manager’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, agents, and employees (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, its officers, officials, agents, employees, or volunteers shall be in excess to the coverage of the Manager's insurance and shall not contribute to it. 11.2.4 The Manager’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. 11.2.5 Coverage provided by the Manager shall not be limited to the liability assumed under the indemnification provisions of this Agreement. 11.2.6 The policies shall contain a waiver of subrogation in favor of the City, its officers, officials, agents, and employees. 11.2.7 All liability policies shall contain no cross liability exclusions or insured versus insured restrictions applicable to the claims of the City. 11.2.8 All insurance policies shall be endorsed to require the insurer to immediately notify the City of any material change in the insurance coverage. 11.2.9 Manager may maintain reasonable and customary deductibles, subject to approval of the City. 11.2.10 Insurance must be purchased from insurers that are financially acceptable to the City. 12. Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended, voided or canceled, or not renewed, except after sixty (60) days prior written notice has been given to the 10 City, except when cancellation is for non-payment of premium, then at least ten (10) days prior notice shall be given to the City. Such notice shall be sent directly to: City of Apple Valley c/o City Clerk 7100 – 147th Street West Apple Valley, MN 55124 13. Acceptability of Insurers. Insurance shall be placed with insurers duly licensed or authorized to do Food and Beverage Services and Special Events in the State of Minnesota and with an “A.M. Best” rating of not less than A- VII, or receiving prior approval by the City. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect Manager from potential insurer insolvency. All insurance must be written on forms filed with and approved by the Minnesota Department of Insurance. 14. Indemnification. Manager shall indemnify, defend and hold harmless City and its affiliates, their respective shareholders, officers, directors, employees, and agents, against and in respect of any and all losses, claims, damages, causes of action, actions, obligations, liabilities, deficiencies, suits, proceedings, actual out-of-pocket obligations and expenses (including cost of investigation, interest, penalties and reasonable attorneys' fees) (collectively, “Losses”) arising out of or due to the operation and management of the Food and Beverage Services and Special Events by Manager, its affiliates, agents, servants and/or employees. Manager represents and warrants it will not store or dispose on the premise of VGC nor transport to or over the premise of VGC any hazardous substance. Manager 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. City shall indemnify, defend and hold harmless Manager of any and all losses, claims, damages, causes of action, actions, obligations, liabilities, deficiencies, suits, proceedings, actual out-of- pocket obligations and expenses (including cost of investigation, interest, penalties and reasonable attorneys’ fees) (collectively, “Losses”) arising out of or due to the operation and management of the Food and Beverage Services and Special Events by City prior to the commencement of Manager’s performance under this Agreement, its affiliates, agents, servants and/or employees. The obligations set forth in this paragraph 14 shall survive for a period of one (1) year following the Expiration Date. 11 15. Non-assignability. This Agreement may not be sold, assigned, pledged, subcontracted, transferred or otherwise conveyed by any means whatsoever by Manager without prior written consent of the City, and any sale, assignment, pledge, subcontract, transfer or other conveyance by Manager without the City’s prior written consent shall be null and void. 16. Disclosures Required by Federal or State Law. The terms and conditions of this Agreement and any information that Tenant 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. 17. Headings. The section and subsection headings contained herein are for convenience only and shall not be used in interpretation of this Agreement and are not intended to define or limit the scope of any provision of this Agreement. 18. Governing Law and Venue. This Agreement shall be governed by and administered and interpreted under the laws of the State of Minnesota, without regard to any conflict of laws provisions. Venue for any action, cause or action or proceeding under this Agreement lies exclusively in the State District Court of Dakota County, Minnesota, and the parties agree to submit to the personal and subject matter jurisdiction of said court. 19. Severability. The sections, paragraphs, sentences, phrases, words, and all other provisions of this Agreement are severable, and if any part of this Agreement is determined by a court of competent jurisdiction to be illegal, unlawful, unconstitutional, or void for any reason, the parties intend that the remaining provisions of this Agreement shall remain in full force and effect unless the stricken provision leaves the remaining Agreement unenforceable. 20. Integration; Modification. This Agreement represents the entire understanding of City and Manager as to those matters contained in this Agreement, and no prior oral or written understanding shall be of any force or effect with respect to those matters. This Agreement may not be modified or altered except in writing signed by duly authorized representatives of the parties. 21. 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. 22. No Third Party Beneficiaries. This Agreement and all of its provisions are solely for the benefit of Manager and the City and are not intended to and shall not create or grant any rights, contractual or otherwise, to any third person or entity. 22. 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. 12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. CITY OF APPLE VALLEY: Date: By: Mary Hamann-Roland Its: Mayor Date: By: Pamela J. Gackstetter Its: City Clerk MANAGER: Date: ____________________ Pear One, Inc., a Minnesota corporation, d/b/a Roasted Pear By: ________________________________ Craig Rebers Its: ____________________________ I T E M: 3. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:I nformal A genda I tem Description: Discuss Water Meter Non-Compliance P olicy (20 min.) S taff Contact: Matt Saam, Public Works Director Department / Division: P ublic Works Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: As we get closer to the start of actual meter replacements within the C ity for Project 2016- 101, Water Meter Replacement, staff thought it was an opportune time to discuss certain meter-related policy issues with the City C ouncil. Specifically, these policy issues concern how to handle the following: Property Owner Notification/Scheduling Process for Meter Installation No Response Process Non-compliance with A MI Meter Process Staff will present proposals for each of the above processes. B AC K G RO UND: On August 24, 2017, the City C ouncil awarded an agreement for the Water Meter Replacement Project to Mueller Systems. B UD G E T I M PAC T: Costs for this work are included in the current Mueller Systems contract for meter installation. AT TAC HM E NT S : Presentation 1 DISCUSSION TOPICS •Property Owner Notification/No Response Process •Non-compliant With AMI Transmission Processes 2 Property Owner Notification Process (over 30 days from process start) Week 1 Week 2Week 3 Week 4Week 5 SunMonTue WedThu Fri Sat Sun MonTue WedThu Fri Sat Sun MonTue WedThu Fri Sat Sun MonTue WedThu Fri Sat Sun MonTue WedThu Fri 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Initial Letter Sent 2nd Notice Sent or Door Hangers 3rd Notice by Certified Mail Shutoff / Process 4. Few days prior to water shut off date - City staff locate the curb box, flag/paint, & place door hanger with specific water off date 5. Prior to shutting off water, Utility Superintendent Notifies: Public Works Director, City Administrator, & Council Normal Installation 3 Non-compliance for AMI Transmission (Property owner objects to radio transmission) 1.Property owner completes request form 2.Initial non-compliance fee ~ $100 3.New internal meter with exterior touch-read register 4.Recurring manual meter reading fee ~ $100/read Note: City staff will attempt to switch property to internal transmitter when home is resold Non-compliance for AMI Transmission (Property owner objects to radio transmission) 4 Non-compliance for Internal Transmission (Property owner objects to in-home radio transmission) 1.Property owner completes request form 2.One-time installation fee ~ $100 3.New internal meter with exterior radio transmitter Note: City staff will attempt to switch property to internal transmitter when home is resold Non-compliance for City Installation (Property owner objects to City/agent installing meter) 1.Property owner hires own plumber & obtains permit 2.All installation costs are property owner responsibility 3.City inspects work when complete 5 Questions?? I T E M: 4. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:I nformal A genda I tem Description: Update on 2040 Comprehensive P lan Housing S trategies (20 min.) S taff Contact: B ruce Nordquist, Community Development Director, A I C P Department / Division: Community Development Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: At the March, 2018, Goal Setting Workshop, a priority emerged to: Further discuss the multi-family housing direction for the City. Review (or adjust) the draft 2040 C omprehensive Plan land use and housing policy direction. Provide sufficient direction to guide the location and optimize housing stock choices and opportunities on available land to 2040 for a still growing C ity approaching being fully developed. B AC K G RO UND: T he C ity has been credited with maintaining a percentage of land designated for multi-family housing even with pressure by landowners and developers, in an active market place, to build more single family housing. T he planning and development review process has allowed creative development of higher density housing with desirable performance standards related to design, unit mix, parking and development amenities. Apple Valley has become a leader in defining this housing type as "suburban intensive" when it advances planned development zoning locations. Since 1996, and the implementation of the Livable C ommunities Act, the C ity has supported shifting an 86/14 percent owner to rental mix to a 75/25 percent ratio. T his was affirmed by the C ity in 2010, the last time this housing policy was discussed. For a period of time from 2005 to 2015, the addition of multi-family housing was limited. T he period of 2014 to 2018 has seen a significant change where 400 single family homes and 1,400 multi-family units are part of the build out after a recessionary period. Today Apple Valley has a ratio of approximately 78 percent ownership/22 percent rental. In building a "Community for a Lifetime", the C ity has supported a wide variety of housing types, including the provision of affordable housing. In partnership with the Dakota County Community Development Agency (C D A) and private market development, the C ity has consistently been credited with top 15 rankings in the region in providing for affordable housing. For the 2030 C omprehensive Plan Update, the Metropolitan C ouncil sought a goal of 1,307 affordable housing units from 2011 to 2020. T hat goal is close to being achieved. For the 2040 Comprehensive Plan Update, the affordable housing objective from the Metropolitan C ouncil, 2021 - 2030, is 468 units. T his goal can again be achieved by both private market and C D A program initiatives. Meeting housing growth projections is also part of the Metropolitan C ouncil's objectives. T he last official figures released by the Metropolitan C ouncil in May 2017 indicated that Apple Valley's population as of April 1, 2016 was 51,338. T he household count was estimated at 19,917. Taking into account residential construction which has occurred since, City staff now estimates our population at 52,300 and a household count of 21,300. T he Metropolitan C ouncil requests that our 2040 Comprehensive Plan indicate whether sufficient land is guided in Apple Valley to meet our projected population of 63,600 and a household count of 24,900 by year 2040. T he response to the Metropolitan C ouncil is being answered with the following: Availability of high density existing locations on the 2030 C omprehensive Plan land use map that will be carried forward on the 2040 land use map. Suburban intensive locations developed since 2010 and residential parcels planned within the active mining area. Further discussion and a course of action in the area presently mapped for 2040 as a "mixed use opportunity area". About 3,500 units are needed C ity-wide to match population projections. Attached is a series of maps and housing market information from the Dakota C ounty C D A as background to additional discussion on April 12. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Map Map Background Material Background Material Presentation 140th ST WCEDAR AVE150th ST W 160th ST W GALAXIE AVEPENNOCK AVEDODD BLVDP A L O M IN O D R PILOT KNOB RDJOHNNY CAKE RIDGE RDCO RD 38GARDEN VIEW DRµ HIGH DENSITY RESIDENTIALAND FUTURE REDEVELOPMENT AREAS 4/6/2018 Rede ve lop ment Op portunity (TBD) High Density (12 to 24 u/a) Suburban Intensive (2 4 to 48 u/a) Mixed Use Opp ortu nity Area Residential Infill(3 to 6, 6 to 12 , 12 to 24 u /a) 140th ST WCEDAR AVE150th ST W 160th ST W GALAXIE AVEPENNOCK AVEDODD BLVDP A L O M IN O D R PILOT KNOB RDJOHNNY CAKE RIDGE RDCO RD 38GARDEN VIEW DRManufacture d Ho using Suburban Intensive (2 4 to 48 u/a) Mixed Use Opp ortu nity Area µ PROPOSED LAND USE DESIGNATIONS2040 COMP PLAN U PDATE 4/5/2018 4/13/2018 1 2040 Comprehensive Plan Housing Strategies Development Directions Informal City Council Meeting April 12, 2018 Talking Points •Population and household growth •Housing choices •Multi‐family housing location •The City Council Policy on tenure (1996, 2010 – 75%  ownership/25% rental) •Forecasting change •Forecasting higher density/or suburban intensive  density •Incorporating density into our land use designations •Emphasizing development control when we do that 4/13/2018 2 4/13/2018 3 2016 American Community Survey (City Policy, 2010 supports 75/25 ratio) 79% 21% City of Apple Valley Housing Units by Tenure (Own Vs. Rent) Owner Occupied Renter Occupied 4/13/2018 4 Housing Unit by Tenure Peer Communities ‐2016 Apple Valley Burnsville Eagan Lakeville Owner  Occupied 79% 64% 69% 87% Renter  Occupied 21% 36% 31% 13% 4/13/2018 5 4/13/2018 6 2040 Draft Housing Chapter Summary •Provide variety of housing choices by guiding land •Affordable Housing Objectives •2030:  1,307 units •2040:  468 units •Private Market and CDA •In‐fill opportunity in the “Mixed Opportunity Area” •New designations:  Manufactured housing,  suburban intensive housing •Great neighborhood emphasis 4/13/2018 7 Attributes of Suburban Intensive Housing: •Density to 48 units/acre; typically 4 story  configuration •Rental likely; staff seeks a return to condominiums •First floor commercial, office neighborhood retail •Proximity to Red Line •Market that seeks a shift from 75/25 if . . . •Amenities (like Bigos) •Materials; energy efficient, sustainable  design •Vertical  mixed use •Other? I T E M: 4.A. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Minutes of March 22, 2018, Regular Meeting S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the minutes of the regular meeting of March 22, 2018. S UM M ARY: T he minutes from the last regular C ity C ouncil meeting are attached for your review and approval. B AC K G RO UND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Minutes CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 22, 2018, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff members present were: City Administrator Lawell, Deputy City Clerk Marschall, City Attorney Hills, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Planner Bodmer, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, Planner/Econ. Dev. Specialist Sharpe, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Hooppaw, seconded by Bergman, approving the agenda for tonight’s meeting, as presented. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of March 8, 2018, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-31 accepting, with thanks, the donation of $100.00 from Meredith and John Kuharenko for use by the Police Department. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2018 Page 2 MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-32 accepting, with thanks, the donation of a Masimo Rad-57 Pulse Oximeter from the Minnesota Department of Natural Resources, Division of Forestry, for use by the Fire Department. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, receiving the Planning Commission’s 2017 annual report. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, receiving the Urban Affairs Advisory Committee’s 2017 annual report. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-33 appointing Greg Helms as Commissioner, to the Board of the Black Dog Watershed Management Organization. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-34 establishing load restrictions on City streets. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-35 of support for the Corridors of Commerce Program funding of the Trunk Highway 77 (Cedar Avenue) northbound MnPASS lane addition project. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving naming the park property located in the Cortland neighborhood “Embry Path Park” and directing staff to install an interpretive sign within the park to memorialize the previous property owners and their community history. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the reduction of Natural Resources Management Permit (NRMP) financial guarantee for Hunter Forrest, from $20,000.00 to $10,000.00, as listed in the Natural Resources Coordinator’s memo. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-36 approving plans and specifications for Project 2018-103, 2018 Micro Surfacing, and authorizing advertising for receipt of bids, at 10:00 a.m., on April 24, 2018, via a posting on the City’s website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-37 approving plans and specifications for Project 2016-138, Signal Modification at 140th Street and Galaxie Avenue, and authorizing advertising for receipt of bids, at 10:30 a.m., on April 24, 2018, via a posting on the City’s website and Quest Construction Data Network. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2018 Page 3 MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-38 awarding the agreement for Project 2018-101, 2018 Street & Utility Improvements, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of $3,741,598.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-39 awarding the agreement for Project 2018-105, 2018 Street Improvements, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of $1,127,831.37. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-40 awarding the agreement for Energy Savings Performance contract, to Ameresco, Inc., in the amount of $1,917,828.00. Ayes - 4 - Nays - 0 - Abstain - 1 (Grendahl). MOTION: of Goodwin, seconded by Bergman, approving the License Agreement for accessory structure on Lot 2, Block 4, Greenleaf Sixth Addition (5778 138th Street Court), and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the agreement for lease-to-own equipment for Valleywood Golf Course, with MTI Distributing, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the agreement for lease-to-own equipment for Valleywood Golf Course, with Turfwerks Corporation, subject to final revisions and minor changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the agreement with Dering Pierson Group, LLC, for Education Building Renovation, in the amount of an additional $31,876.41. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the agreement with Ryan Mechanical, Inc., with a deduction of $17,160.00; and accepting HVAC Old City Hall, as complete and authorizing final payment in the amount of $245,240.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Fire Station Security Camera System, as complete and authorizing final payment on the agreement with Pro-Tec Design, Inc., in the amount of $3,000.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Project 2018-106, Ash Tree Removals, as complete and authorizing final payment on the agreement with Twin City Tree Authority, LLC, in the amount of $614.32. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2018 Page 4 MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated March 22, 2018. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated February 28, 2018, in the amount of $178,752.60, and March 8, 2018, in the amount of $826,942.25. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA VILLAGE POINTE PLAZA/ZVAGO APPLE VALLEY Ms. Bodmer reviewed the request by Village Point Plaza, LLC, for consideration of a final plat, development agreement, planned development agreement, and site plan review/building permit authorization to construct a mixed-use development including a 58-unit senior cooperative building and 30,000 sq. ft. of retail, restaurant, and office uses on the southwest corner of Galaxie Avenue and 153rd Street, at 7070 153rd Street W. On June 21, 2017, the Planning Commission voted unanimously to recommend approval of this project with conditions. Discussion followed. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-41 approving the final plat and Development Agreement for Village Pointe Plaza, subject to minor modifications as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman seconded by Goodwin, adopting Resolution No. 2018-42 approving the Planned Development Agreement with Village Point Plaza, LLC, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2018-43 approving the site plan and authorizing issuance of a building permit for construction of a 58- unit senior cooperative building and 30,000 sq. ft. of retail, restaurant, and office uses on Lot 1, Block 1, Village Pointe Plaza, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. QUARRY PONDS FIFTH ADDITION Mr. Lovelace reviewed the request by Rockport, LLC, to consider rezoning of 15.22 acres from “SG” (Sand and Gravel) to “PD-975”/Zone 1” (Planned Development); a subdivision by preliminary plat; and a zoning amendment to allow a 50-foot reduction in the minimum front yard setback for lots that contain a minimum of 52 feet of an underground pipeline easement. Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2018 Page 5 MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading and passing Ordinance No. 1041 rezoning property from “SG” (Sand and Gravel) to “PD-975/Zone 1” (Planned Development), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1042 amending Chapter 155 of the City Code. Ayes - 5 - Nays - 0. MOTION: of Bergman seconded by Hooppaw, adopting Resolution No. 2018-44 approving the preliminary plat of Quarry Ponds Fifth Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Bill Mauer of Probe Engineering said no mining is taking place within 1,000 feet of the location, and existing residents are notified of on-going gravel operations. ORDINANCE AMENDING MASSAGE THERAPY LICENSES Mr. Grawe gave the first reading of an ordinance amending Chapter 123 of the City Code entitled “Massage Therapy Business and Massage Therapist Licenses”, regulating massage therapy establishments and therapists. The ordinance was prepared by the City Attorney’s office. The second reading is scheduled for April 12, 2018. Discussion followed. The City Council accepted the first reading. COMMUNICATIONS Mr. Lawell reminded the public of the vacancy on the Urban Affairs Advisory Committee and invited those interested to apply by April 20, 2018. Mayor Hamann-Roland said the City of Apple Valley was featured today on KSTP’s Twin Cities Live. The program showcased and celebrated all aspects of Apple Valley. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLOSE MEETING - ATTORNEY-CLIENT PRIVILEGE Mayor Hamann-Roland requested a motion to close the meeting under the exceptions to the open meeting law to discuss the terms and conditions for the possible sale of City-owned land. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2018 Page 6 MOTION: of Bergman, seconded by Grendahl, to enter into a closed meeting and convene in closed session to discuss the terms and conditions for possible sale of City-owned land (Parcel ID 22-01200-51-010). Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 7:42 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw; City Administrator Lawell, Deputy City Clerk Marschall, City Attorney Hills, Finance Director Hedberg, Community Development Director Nordquist, and Public Works Director Saam. The meeting was tape recorded as required by law. The Council reconvened in open session at 8:07 p.m. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:07 o’clock p.m. Respectfully Submitted, /s/ Stephanie Marschall Stephanie Marschall, Deputy 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 :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove S tate Gambling Exempt P ermit for B V United S occer Club, at 14255 J ohnny Cake Ridge Road, on J une 24, 2018 S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve issuance of a lawful gambling exempt permit, by the State Gambling C ontrol Board, to BV United Soccer C lub, for use on J une 24, 2018 at the former Apple Valley Teen Center facility located at 14255 J ohnny C ake Ridge Road, and waiving any waiting period for State approval. S UM M ARY: BV United Soccer C lub, submitted an application for a gambling event to be held at the former Apple Valley Teen C enter facility located at 14255 J ohnny C ake Ridge Road, on J une 24, 2018. T he application is on file should you wish to review it. B AC K G RO UND: Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar year, for qualified nonprofit organizations, are issued by the State Gambling Control Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. B UD G E T I M PAC T: N/A I T E M: 4.C. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: P roclaim April 27, 2018, as "Arbor Day" and May 2018 as "Arbor Month" S taff Contact: J essica Schaum, Natural Resources Coordinator Department / Division: Natural Resources Division AC T I O N RE Q UE S T E D: Proclaim April 27, 2018, as Arbor Day and May 2018 as Arbor Month. S UM M ARY: Attached is a proclamation for Arbor Day and Arbor Month in the C ity of Apple Valley. In observance of the proclamation, a tree planting event is scheduled to begin at 5:00 p.m. on T hursday, May 10, 2018, at C obblestone Lake Park (map attached). Dakota Electric Association has offered to donate a coffeetree for the planting ceremony. Members of the Apple Valley City C ouncil and Dakota Electric Association Board will participate in the tree planting. All interested parties are welcome to attend. As further observance of A rbor D ay and Arbor Month and to promote reforestation in Apple Valley, Public Works staff has implemented the fifteenth annual tree and shrub sale. Trees and shrubs have been available for ordering and will be available for pickup on Saturday, April 28, at the Central Maintenance Facility. For further details, visit the City’s website or contact the Natural Resources Division at 952-953-2461. 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 : Map Proclamation Cobblestone Lake Park Exercise Pavilion Tree Planting City Parking Lot City Trail Access Cobblestone Lake Parkway S 157th Street W Cobblestone Lake CITY OF APPLE VALLEY PROCLAMATION WHEREAS, trees are a highly valued resource because they beautify the landscape and have been shown to increase property values and reduce crime; and WHEREAS, trees purify our air and water, reduce heating and cooling costs, serve as recreational settings, providing habitat for wildlife, and enrich our lives in many ways; and WHEREAS, Apple Valley has been designated as a "Tree City USA" for 34 consecutive years by the National Arbor Day Foundation; and WHEREAS, each year during Arbor Month the people of Apple Valley pay special attention to the gift that our trees represent and dedicate themselves to the continued health of our City's urban forest. NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County, Minnesota, does hereby proclaim the following in Apple Valley: April 27, 2018 - ARBOR DAY May 2018 - ARBOR MONTH FURTHER, this Council urges citizens to become more aware of the importance of trees and to participate in tree planting programs that will ensure a green Apple Valley in the decades to come and to nurture and protect Apple Valley's treasure of trees. PROCLAIMED this 12th day of April, 2018. _______________________________ Mary Hamann-Roland, Mayor ATTEST: ______________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.D. C O UNC I L ME E T I NG D AT E :April 12, 2018 S E C T I O N:Consent A genda Description: Adopt Resolution Setting P ublic Hearing at 7:00 p.m. on May 10, 2018, for 2018 S pecial Assessment Roll No. 653, $153,360.69 - D elinquent Utilities Staff Contact: Cathy B roughten, Assistant F inance Director Department / Division: F inance Department AC T I O N RE Q UE S T E D: Motion to adopt the resolution approving 2018 Special Assessment Roll N o. 653, for hearing purposes, in the total amount of $153,360.69 for delinquent utility charges, and setting the public hearing, at 7:00 p.m., on May 10, 2018. S UM M ARY: Attached are the public hearing documents for the 2018 Special Assessment Roll No. 653 for delinquent utility account charges. In addition to water and sewer charges, the utility account can also include charges for mowing and/or snow removal. T he Council is asked to adopt a resolution calling for a public hearing to be held May 10, 2018. Attached to the resolution is a list of delinquent accounts that will receive a certification notice notifying them of the hearing date and of the proposed certification amount. T he proposed certification amount includes the $50 certification fee that is imposed. B AC K G RO UND : T he process followed is to complete a certification process of delinquent accounts twice per ye a r. T his twice per year process is unusual for metro area cities, but protects the city by accelerating the process of establishing the unpaid amounts as a lien on the property and avoiding issues that may arise by property owners filing bankruptcy. T he certification process also serves as the city’s “collection agency” and collection process. T he spring certification process started with 1,024 letters being sent February 28, 2018, to all customers who had a delinquent balance, notifying them that if the account was not paid by March 22, 2018, the delinquent amounts would be certified for collection. O nce this payment deadline passed, a list of remaining unpaid delinquent accounts was prepared and is included for the certification process. Following the C ouncil calling for a public hearing, a certification letter will be sent to the delinquent accounts notifying them of the public hearing and the proposed certification amount. Following the public hearing on May 10, 2018 and C ouncil adoption of an assessment roll, property owners will have 30 days to pay at C ity offices prior to the list being certified to the county for collection. C urrently, the total amount of the proposed assessment is $153,360.69 and represents 488 accounts. T his amount is up from the Fall 2017 certification total of $151,540.48 which included 536 accounts. It is lower than the Spring 2017 amount of $155,625.54 which included 489 accounts. included 489 accounts. History of recent C ertifications: Spr ing'14 Fall '14 Spring '15 Fall '15 S pring '16 Fall '16 Spr ing '17 Fall '17 S pring '18 A mou n t Cer fied $168,683 $173,745 $162,825 $152,995 $137,712 $150,436 $155,626 $151,540 $153,361 N u mber of a/c's 549 637 515 563 504 538 489 536 488 Averag e $307 $273 $316 $272 $273 $280 $318 $283 $314 B UD G E T I M PAC T: T he ultimate adoption of the assessment roll and the collection of the certified amounts will result in avoiding the writing off of $153,360.69 of previously billed utility revenues. AT TAC HM E NT S : Resolution E xhibit E xhibit EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA HELD ON APRIL 12, 2018 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Apple Valley, Dakota County, Minnesota, was held at the Municipal Center in said municipality on the 12th day of April, 2018 at 7:00 o'clock p.m. The following members were present: and the following were absent: * * * * * * * * * * * * The Finance Director presented proposed assessment roll 653 with a copy being attached here to as Exhibit B. The Finance Director stated that the foregoing assessment roll was prepared by finance department staff, in accordance with the instructions of the Council. The Council reviewed the assessment roll and ordered that it be placed on file and open to public inspection in the office of the City Clerk. Member XXX introduced the following resolution and moved its adoption: 2 CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION PROVIDING FOR PUBLIC HEARING ON SPECIAL ASSESSMENTS BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The assessment roll, as set forth in Exhibit B of this Resolution and as now on file in the office of the Clerk, are hereby approved as proposed assessments for said delinquent utility account charges. The Council shall meet at the Apple Valley Municipal Center on the 10th day of May, 2018, starting at 7:00 o'clock p.m. for the purpose of passing upon said assessments and hearing all objections thereto. 2. The Clerk is hereby authorized and directed to cause notices of said meeting to be mailed, as provided by law, and to be published once in the City’s official newspaper, no less than two (2) weeks before the date of said meeting, which notices shall be in substantially the following form: SEE FORM ATTACHED AS EXHIBIT A 3. Each and all of the terms and provisions of said form of notice are hereby adopted as the terms and conditions by which this Council shall be governed in hearing and passing upon objections to said assessments, as fully as though the same were separately set forth and resolved herein. ADOPTED this 12th day of April, 2018. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk * * * * * * * * * * * * The motion for the adoption of the foregoing resolution was duly seconded by Member XXX and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Exhibit A RESOLUTION NUMBER 2018- NOTICE OF PUBLIC HEARING ON PROPOSED ASSSSMENT ROLLS IN THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley will meet at the Municipal Center, 7100 147th Street W., on the 10th of May, 2018, at 7:00 o’clock p.m., or as soon thereafter as possible, to hear and pass upon all objections, if any, to the proposed assessments for delinquent water/sewer charges as hereinafter described. The proposed assessment roll is on file with the Clerk and open to public inspection by all persons interested therein. The assessments against each piece of property will be payable, unless prepaid, in one installment as hereinafter described. The installment is to be payable with the general taxes collectible during the year 2019. Interest shall be added at the per annum rate specified on the entire assessment from the date of the resolution levying the assessment until December 31, 2019. The assessment may be prepaid to the Apple Valley City Clerk, without interest within thirty (30) days following the date of adoption. Roll 653 – One (1) Installment at 8.0% 01 10350 01 090 ACADEMY VILLAGE $ 257.34 01 10350 02 160 ACADEMY VILLAGE $ 358.45 01 10350 06 001 ACADEMY VILLAGE $ 384.48 01 10350 20 001 ACADEMY VILLAGE $ 110.31 01 10350 20 004 ACADEMY VILLAGE $ 269.21 01 10350 40 002 ACADEMY VILLAGE $ 372.18 01 10350 80 440 ACADEMY VILLAGE $ 303.69 01 11650 02 140 APPLE PONDS $ 265.42 01 11650 02 220 APPLE PONDS $ 156.53 01 11650 03 030 APPLE PONDS $ 656.18 01 11650 03 180 APPLE PONDS $ 174.52 01 11650 03 210 APPLE PONDS $ 268.36 01 11650 04 100 APPLE PONDS $ 289.56 01 11651 01 010 APPLE PONDS 2ND $ 240.70 01 11652 01 040 APPLE PONDS 3RD $ 211.93 01 11652 01 050 APPLE PONDS 3RD $ 344.20 01 11652 03 010 APPLE PONDS 3RD $ 258.44 01 11652 05 030 APPLE PONDS 3RD $ 307.14 01 11653 02 020 APPLE PONDS 4TH $ 344.97 01 11653 02 160 APPLE PONDS 4TH $ 282.94 01 11700 02 090 APPLE VALLEY $ 379.71 01 11700 04 060 APPLE VALLEY $ 191.92 01 11701 03 060 APPLE VALLEY 2ND $ 295.53 01 11701 03 240 APPLE VALLEY 2ND $ 552.81 01 11701 04 220 APPLE VALLEY 2ND $ 256.90 01 11701 04 231 APPLE VALLEY 2ND $ 235.50 01 11702 06 210 APPLE VALLEY 3RD $ 198.89 01 11702 07 020 APPLE VALLEY 3RD $ 297.59 01 11702 07 320 APPLE VALLEY 3RD $ 266.53 01 11702 08 080 APPLE VALLEY 3RD $ 201.68 01 11702 11 040 APPLE VALLEY 3RD $ 186.08 01 11703 02 140 APPLE VALLEY 4TH $ 295.03 2 Roll 653 – One (1) Installment at 8.0% 01 11703 02 201 APPLE VALLEY 4TH $ 359.44 01 11703 03 070 APPLE VALLEY 4TH $ 122.62 01 11703 04 130 APPLE VALLEY 4TH $ 320.77 01 11703 07 090 APPLE VALLEY 4TH $ 208.21 01 11703 07 100 APPLE VALLEY 4TH $ 235.87 01 11703 10 170 APPLE VALLEY 4TH $ 340.79 01 11705 02 050 APPLE VALLEY 6TH $ 280.07 01 11705 06 050 APPLE VALLEY 6TH $ 352.62 01 11706 01 030 APPLE VALLEY 6TH $ 375.35 01 11706 01 170 APPLE VALLEY 6TH $ 280.22 01 11706 04 010 APPLE VALLEY 6TH $ 365.12 01 11706 06 070 APPLE VALLEY 6TH $ 184.71 01 11706 07 170 APPLE VALLEY 6TH $ 159.80 01 11706 08 030 APPLE VALLEY 6TH $ 200.55 01 11706 08 040 APPLE VALLEY 6TH $ 250.23 01 11706 08 130 APPLE VALLEY 6TH $ 328.30 01 11707 02 010 APPLE VALLEY 8TH $ 391.49 01 11707 06 090 APPLE VALLEY 8TH $ 394.61 01 11707 07 010 APPLE VALLEY 8TH $ 270.81 01 11707 09 070 APPLE VALLEY 8TH $ 324.83 01 11707 12 010 APPLE VALLEY 8TH $ 148.78 01 11707 12 100 APPLE VALLEY 8TH $ 291.41 01 11708 02 070 APPLE VALLEY 9TH $ 379.34 01 11709 01 020 APPLE VALLEY 10TH $ 370.67 01 11709 02 010 APPLE VALLEY 10TH $ 430.93 01 11709 04 080 APPLE VALLEY 10TH $ 316.56 01 11710 01 060 APPLE VALLEY 11TH $ 339.85 01 11710 01 090 APPLE VALLEY 11TH $ 280.19 01 11710 01 190 APPLE VALLEY 11TH $ 346.15 01 11710 01 320 APPLE VALLEY 11TH $ 221.87 01 11710 03 100 APPLE VALLEY 11TH $ 473.16 01 11711 04 010 APPLE VALLEY 12TH $ 148.77 01 11711 06 060 APPLE VALLEY 12TH $ 149.84 01 11711 07 350 APPLE VALLEY 12TH $ 242.39 01 11711 08 020 APPLE VALLEY 12TH $ 105.00 01 11712 02 030 APPLE VALLEY 13TH $ 160.56 01 11750 03 030 APPLE VALLEY EAST $ 638.86 01 11750 04 060 APPLE VALLEY EAST $ 417.21 01 11750 04 110 APPLE VALLEY EAST $ 318.88 01 11750 04 120 APPLE VALLEY EAST $ 335.13 01 11751 05 060 APPLE VALLEY EAST 2ND $ 277.74 01 11752 02 010 APPLE VALLEY EAST 3RD $ 220.59 01 11753 02 030 APPLE VALLEY EAST 3RD $ 148.10 01 11753 02 120 APPLE VALLEY EAST 3RD $ 311.14 01 11753 04 020 APPLE VALLEY EAST 3RD $ 346.36 01 11755 01 080 APPLE VALLEY EAST 5TH $ 310.84 01 11755 01 140 APPLE VALLEY EAST 5TH $ 242.67 01 11785 03 140 AV EAST FAMILY 2ND $ 400.73 01 13600 01 010 BECKMAN'S 1ST $ 126.18 01 14700 01 080 BOB'S GARDEN VIEW $ 279.03 3 Roll 653 – One (1) Installment at 8.0% 01 14700 02 100 BOB'S GARDEN VIEW $ 366.20 01 14700 02 120 BOB'S GARDEN VIEW $ 412.84 01 14701 01 020 BOB'S GARDEN VIEW 2ND $ 249.37 01 14701 03 010 BOB'S GARDEN VIEW 2ND $ 244.56 01 14701 03 100 BOB'S GARDEN VIEW 2ND $ 328.06 01 14702 01 010 BOB'S GARDEN VIEW 3RD $ 356.17 01 14702 03 050 BOB'S GARDEN VIEW 3RD $ 293.32 01 14702 03 160 BOB'S GARDEN VIEW 3RD $ 334.35 01 14702 03 170 BOB'S GARDEN VIEW 3RD $ 140.48 01 14703 03 050 BOB'S GARDEN VIEW 4TH $ 412.54 01 15200 01 010 BRIAR OAKS OF AV $ 205.12 01 15200 01 060 BRIAR OAKS OF AV $ 342.43 01 15200 02 070 BRIAR OAKS OF AV $ 278.85 01 15200 03 010 BRIAR OAKS OF AV $ 392.62 01 15201 01 070 BRIAR OAKS OF AV 2ND $ 446.17 01 15201 05 030 BRIAR OAKS OF AV 2ND $ 324.04 01 15201 05 130 BRIAR OAKS OF AV 2ND $ 283.97 01 16301 01 120 CARROLLTON ESTATES 2ND $ 506.11 01 16301 04 090 CARROLLTON ESTATES 2ND $ 353.75 01 16303 01 030 CARROLLTON ESTATES 4TH $ 211.96 01 16303 03 320 CARROLLTON ESTATES 4TH $ 309.14 01 16303 03 490 CARROLLTON ESTATES 4TH $ 710.64 01 16304 02 030 CARROLLTON ESTATES 5TH $ 246.36 01 16304 02 080 CARROLLTON ESTATES 5TH $ 143.35 01 16304 02 100 CARROLLTON ESTATES 5TH $ 294.03 01 16400 02 010 CARROLLWOOD VILLAGE $ 190.16 01 16401 01 030 CARROLLWOOD VILLAGE 2ND $ 298.10 01 16401 02 040 CARROLLWOOD VILLAGE 2ND $ 306.73 01 16403 02 100 CARROLLWOOD VILLAGE 4TH $ 195.63 01 16404 01 030 CARROLLWOOD VILLAGE 5TH $ 299.30 01 16404 01 250 CARROLLWOOD VILLAGE 5TH $ 147.16 01 16404 01 280 CARROLLWOOD VILLAGE 5TH $ 299.53 01 16580 04 060 CEDAR ISLE ESTATES $ 333.53 01 16581 02 130 CEDAR ISLE ESTATES 2ND $ 439.79 01 16583 01 090 CEDAR ISLE ESTATES 4TH $ 203.99 01 16583 02 050 CEDAR ISLE ESTATES 4TH $ 232.21 01 16585 03 010 CEDAR ISLE ESTATES 6TH $ 653.98 01 16591 02 100 CEDAR ISLE VILLAGE HOMES 2ND $ 344.10 01 17150 01 060 CHERRY OAKS ESTATES $ 659.99 01 17150 01 120 CHERRY OAKS ESTATES $ 261.66 01 17152 01 020 CHERRY OAKS ESTATES 3RD $ 580.12 01 18050 02 060 COBBLESTONE LAKE $ 471.49 01 18060 10 010 COBBLESTONE LAKE SOUTH SHORE $ 491.41 01 18062 04 010 COBBLESTONE LAKE SOUTH SHORE 3RD $ 655.47 01 18062 06 020 COBBLESTONE LAKE SOUTH SHORE 3RD $ 196.32 01 18062 06 070 COBBLESTONE LAKE SOUTH SHORE 3RD $ 358.30 01 18062 07 080 COBBLESTONE LAKE SOUTH SHORE 3RD $ 428.17 01 18062 07 090 COBBLESTONE LAKE SOUTH SHORE 3RD $ 392.35 01 18064 01 090 COBBLESTONE LAKE SOUTH SHORE 5TH $ 638.20 01 18067 01 090 COBBLESTONE LAKE SOUTH SHORE 8TH $ 215.74 4 Roll 653 – One (1) Installment at 8.0% 01 18076 01 030 COBBLESTONE MANOR 2ND $ 291.80 01 18077 01 020 COBBLESTONE MANOR 3RD $ 214.54 01 18077 02 310 COBBLESTONE MANOR 3RD $ 110.60 01 18100 01 040 COBBLESTONE LAKEVIEW $ 491.16 01 18150 01 100 COBBLESTONES I $ 348.80 01 18150 03 102 COBBLESTONES I $ 364.65 01 18151 01 010 COBBLESTONES I REPLAT $ 322.14 01 18151 01 020 COBBLESTONES I REPLAT $ 159.05 01 18301 03 020 CORTLAND 2ND $ 507.71 01 18302 01 080 CORTLAND 3RD $ 296.66 01 19900 02 020 DELANEY PARK $ 381.21 01 19900 02 080 DELANEY PARK $ 82.49 01 19902 01 040 DELANEY PARK 3RD $ 563.37 01 19902 01 050 DELANEY PARK 3RD $ 332.67 01 20500 02 070 DIAMOND PATH $ 235.07 01 20500 02 140 DIAMOND PATH $ 300.30 01 20500 02 240 DIAMOND PATH $ 229.30 01 20500 02 250 DIAMOND PATH $ 320.22 01 20500 03 320 DIAMOND PATH $ 323.43 01 20502 01 200 DIAMOND PATH 3RD $ 291.71 01 20502 01 210 DIAMOND PATH 3RD $ 179.33 01 20502 02 070 DIAMOND PATH 3RD $ 167.37 01 20502 02 160 DIAMOND PATH 3RD $ 281.47 01 20502 05 050 DIAMOND PATH 3RD $ 292.47 01 20502 08 110 DIAMOND PATH 3RD $ 314.26 01 20502 09 050 DIAMOND PATH 3RD $ 357.22 01 20503 01 040 DIAMOND PATH 4TH $ 278.80 01 20503 01 060 DIAMOND PATH 4TH $ 278.43 01 20503 02 160 DIAMOND PATH 4TH $ 414.95 01 20503 02 210 DIAMOND PATH 4TH $ 362.81 01 20503 02 230 DIAMOND PATH 4TH $ 381.14 01 20504 02 170 DIAMOND PATH 5TH $ 365.52 01 20505 01 018 DIAMOND PATH 6TH $ 286.38 01 20505 01 037 DIAMOND PATH 6TH $ 265.30 01 20505 01 041 DIAMOND PATH 6TH $ 146.62 01 20505 01 052 DIAMOND PATH 6TH $ 207.83 01 20505 01 053 DIAMOND PATH 6TH $ 291.09 01 20505 01 090 DIAMOND PATH 6TH $ 348.85 01 20505 01 110 DIAMOND PATH 6TH $ 187.54 01 20505 01 132 DIAMOND PATH 6TH $ 262.39 01 20509 01 040 DIAMOND PATH 10TH $ 123.09 01 20510 01 270 DIAMOND PATH 11TH $ 261.04 01 20510 02 050 DIAMOND PATH 11TH $ 359.29 01 20575 01 070 DIAMOND VALLEY ESTATES $ 331.45 01 20575 02 040 DIAMOND VALLEY ESTATES $ 345.24 01 22450 05 010 EAGLE RIDGE ESTATES $ 100.30 01 22450 05 020 EAGLE RIDGE ESTATES $ 312.52 01 22450 06 010 EAGLE RIDGE ESTATES $ 259.51 01 22451 01 090 EAGLE RIDGE ESTATES 2ND $ 386.36 01 22451 01 110 EAGLE RIDGE ESTATES 2ND $ 178.35 5 Roll 653 – One (1) Installment at 8.0% 01 22451 02 030 EAGLE RIDGE ESTATES 2ND $ 409.17 01 23201 01 020 EASTWOOD RIDGE 2ND $ 418.52 01 23687 01 060 EMBASSY ESTATES 3RD $ 244.19 01 23695 02 010 EMBRY ESTATES $ 147.65 01 23700 01 410 EMERALD POINT $ 345.77 01 23701 01 180 EMERALD POINT 2ND $ 225.47 01 23701 01 200 EMERALD POINT 2ND $ 348.17 01 23702 01 060 EMERALD POINT 3RD $ 355.13 01 23702 01 090 EMERALD POINT 3RD $ 359.72 01 25650 03 070 FARQUAR HILLS $ 265.21 01 25650 03 100 FARQUAR HILLS $ 379.07 01 25650 03 230 FARQUAR HILLS $ 403.71 01 25650 03 310 FARQUAR HILLS $ 274.28 01 25650 05 170 FARQUAR HILLS $ 93.95 01 27503 01 010 FOREST PARK ESTATES 4TH $ 271.30 01 28950 01 030 GARDENVIEW PLACE $ 175.25 01 28950 01 030 GARDENVIEW PLACE $ 68.21 01 28950 01 170 GARDENVIEW PLACE $ 145.78 01 28950 01 420 GARDENVIEW PLACE $ 163.22 01 28951 01 010 GARDENVIEW PLACE 2ND $ 201.14 01 28951 01 090 GARDENVIEW PLACE 2ND $ 366.37 01 31000 05 110 GREENLEAF $ 291.51 01 31000 05 150 GREENLEAF $ 325.55 01 31000 05 280 GREENLEAF $ 193.26 01 31000 05 310 GREENLEAF $ 320.33 01 31000 07 180 GREENLEAF $ 277.36 01 31001 02 050 GREENLEAF 2ND $ 263.32 01 31001 03 050 GREENLEAF 2ND $ 123.78 01 31001 04 140 GREENLEAF 2ND $ 322.99 01 31001 04 150 GREENLEAF 2ND $ 162.18 01 31001 06 100 GREENLEAF 2ND $ 268.78 01 31001 06 120 GREENLEAF 2ND $ 276.16 01 31001 06 180 GREENLEAF 2ND $ 244.19 01 31001 10 130 GREENLEAF 2ND $ 384.12 01 31001 10 270 GREENLEAF 2ND $ 366.03 01 31002 01 020 GREENLEAF 3RD $ 209.52 01 31003 01 020 GREENLEAF 4TH $ 255.85 01 31003 01 050 GREENLEAF 4TH $ 462.09 01 31003 04 070 GREENLEAF 4TH $ 238.08 01 31003 11 180 GREENLEAF 4TH $ 255.42 01 31003 11 330 GREENLEAF 4TH $ 131.92 01 31003 13 040 GREENLEAF 4TH $ 268.21 01 31004 03 020 GREENLEAF 5TH $ 173.70 01 31004 03 090 GREENLEAF 5TH $ 343.20 01 31004 04 200 GREENLEAF 5TH $ 190.64 01 31004 05 090 GREENLEAF 5TH $ 319.48 01 31004 05 340 GREENLEAF 5TH $ 540.13 01 31004 05 370 GREENLEAF 5TH $ 305.94 01 31005 06 020 GREENLEAF 6TH $ 223.10 01 31005 06 080 GREENLEAF 6TH $ 167.30 6 Roll 653 – One (1) Installment at 8.0% 01 31005 08 140 GREENLEAF 6TH $ 346.81 01 31006 05 020 GREENLEAF 7TH $ 332.21 01 31006 06 100 GREENLEAF 7TH $ 400.77 01 31006 06 120 GREENLEAF 7TH $ 320.95 01 31006 06 130 GREENLEAF 7TH $ 381.86 01 31006 06 170 GREENLEAF 7TH $ 524.87 01 31006 07 010 GREENLEAF 7TH $ 266.93 01 31007 05 140 GREENLEAF 8TH $ 352.76 01 31008 04 070 GREENLEAF 9TH $ 181.50 01 31008 06 060 GREENLEAF 9TH $ 293.70 01 31008 07 160 GREENLEAF 9TH $ 177.60 01 31008 08 110 GREENLEAF 9TH $ 177.60 01 31008 10 060 GREENLEAF 9TH $ 379.19 01 31009 02 100 GREENLEAF 10TH $ 328.94 01 31010 01 100 GREENLEAF 11TH $ 353.87 01 31010 01 700 GREENLEAF 11TH $ 125.24 01 31010 02 020 GREENLEAF 11TH $ 109.52 01 31010 02 060 GREENLEAF 11TH $ 302.19 01 31010 03 020 GREENLEAF 11TH $ 202.65 01 31010 03 100 GREENLEAF 11TH $ 317.98 01 31011 03 050 GREENLEAF 12TH $ 483.00 01 31011 05 270 GREENLEAF 12TH $ 118.38 01 31100 01 010 GREENLEAF TOWNHOUSES $ 304.96 01 31100 03 030 GREENLEAF TOWNHOUSES $ 149.00 01 31100 04 050 GREENLEAF TOWNHOUSES $ 263.30 01 31101 01 010 GREENLEAF TOWNHOUSES 2ND $ 226.38 01 31101 02 070 GREENLEAF TOWNHOUSES 2ND $ 298.13 01 31101 05 010 GREENLEAF TOWNHOUSES 2ND $ 257.52 01 31102 02 010 GREENLEAF TOWNHOUSES 3RD $ 100.00 01 31102 09 020 GREENLEAF TOWNHOUSES 3RD $ 241.11 01 31102 09 040 GREENLEAF TOWNHOUSES 3RD $ 294.74 01 31105 01 020 GREENLEAF TOWNHOUSES 6TH $ 215.25 01 31105 07 060 GREENLEAF TOWNHOUSES 6TH $ 216.78 01 31800 02 140 HALLWOOD HIGHLANDS $ 254.54 01 31800 02 150 HALLWOOD HIGHLANDS $ 214.61 01 32150 01 005 HAWTHORNE $ 275.59 01 32150 01 024 HAWTHORNE $ 281.88 01 32150 01 045 HAWTHORNE $ 369.41 01 32150 01 051 HAWTHORNE $ 432.92 01 32150 01 072 HAWTHORNE $ 343.98 01 32150 01 090 HAWTHORNE $ 101.16 01 32150 01 096 HAWTHORNE $ 367.71 01 32150 01 162 HAWTHORNE $ 217.36 01 32150 01 171 HAWTHORNE $ 167.23 01 32151 01 010 HAWTHORNE 2ND $ 152.92 01 32151 01 089 HAWTHORNE 2ND $ 178.26 01 32151 01 101 HAWTHORNE 2ND $ 466.41 01 32151 01 102 HAWTHORNE 2ND $ 260.61 01 32152 01 040 HAWTHORNE 3RD $ 388.51 01 32152 02 020 HAWTHORNE 3RD $ 353.07 7 Roll 653 – One (1) Installment at 8.0% 01 32200 01 060 HAZELWOOD ESTATES $ 397.02 01 32250 01 030 HEARTSTONE $ 239.55 01 32403 01 070 HERITAGE HILLS 3RD $ 270.27 01 32405 01 030 HERITAGE HILLS 6TH $ 360.38 01 32801 01 070 HIDDEN PONDS 2ND $ 214.75 01 32801 01 080 HIDDEN PONDS 2ND $ 201.31 01 33800 02 080 HUNTER FORREST $ 194.75 01 33850 02 150 HUNTERS RIDGE $ 197.74 01 33901 03 050 HIDDEN PONDS 2ND $ 171.24 01 33903 01 030 HUNTERS WOOD 4TH $ 209.62 01 34000 01 060 HUNTERS WOOD TOWNHOMES $ 162.10 01 34150 01 020 HUNTINGTON $ 80.74 01 34150 01 080 HUNTINGTON $ 263.94 01 34150 02 110 HUNTINGTON $ 373.24 01 34150 04 130 HUNTINGTON $ 124.69 01 34152 02 110 HUNTINGTON 3RD $ 250.00 01 34153 01 090 HUNTINGTON 4TH $ 181.97 01 34154 01 130 HUNTINGTON 5TH $ 370.49 01 34500 01 310 HYLAND POINTE SHORES $ 411.66 01 34501 01 070 HYLAND POINTE SHORES 2ND $ 188.85 01 38950 01 010 JOLENE ADDITION $ 377.14 01 40950 01 040 K & G 1ST ADDN $ 164.55 01 40950 01 090 K & G 1ST ADDN $ 362.49 01 40950 01 100 K & G 1ST ADDN $ 326.74 01 44200 01 020 LAC LAVON SHORES $ 330.63 01 45800 03 270 LONGRIDGE $ 172.56 01 45800 03 370 LONGRIDGE $ 240.09 01 45800 04 050 LONGRIDGE $ 504.37 01 45800 05 020 LONGRIDGE $ 348.71 01 45800 05 190 LONGRIDGE $ 747.31 01 45801 01 070 LONGRIDGE 2ND $ 371.53 01 45801 01 130 LONGRIDGE 2ND $ 212.97 01 45801 01 150 LONGRIDGE 2ND $ 353.21 01 45801 01 170 LONGRIDGE 2ND $ 303.36 01 45801 02 070 LONGRIDGE 2ND $ 446.53 01 45801 03 140 LONGRIDGE 2ND $ 273.38 01 45801 03 600 LONGRIDGE 2ND $ 323.60 01 45801 05 060 LONGRIDGE 2ND $ 167.23 01 45801 06 200 LONGRIDGE 2ND $ 186.74 01 45801 07 020 LONGRIDGE 2ND $ 328.36 01 47175 01 020 MAJESTIC RIDGE $ 189.30 01 48200 01 060 MEADOWLARK GLEN $ 140.48 01 48845 07 020 MISTWOOD $ 292.63 01 49100 02 100 MORNINGVIEW $ 155.96 01 49100 02 220 MORNINGVIEW $ 387.73 01 49101 05 040 MORNINGVIEW 2ND $ 398.18 01 49101 19 030 MORNINGVIEW 2ND $ 300.57 01 49101 20 030 MORNINGVIEW 2ND $ 190.77 01 49101 21 020 MORNINGVIEW 2ND $ 149.84 01 49102 01 040 MORNINGVIEW 3RD $ 220.75 8 Roll 653 – One (1) Installment at 8.0% 01 49102 15 040 MORNINGVIEW 3RD $ 290.70 01 49102 17 030 MORNINGVIEW 3RD $ 367.28 01 49102 18 020 MORNINGVIEW 3RD $ 109.25 01 49102 21 040 MORNINGVIEW 3RD $ 127.46 01 49103 04 020 MORNINGVIEW 4TH $ 267.75 01 49103 13 030 MORNINGVIEW 4TH $ 368.49 01 49104 03 030 MORNINGVIEW 5TH $ 382.30 01 49105 01 150 MORNINGVIEW 6TH $ 328.44 01 49105 03 070 MORNINGVIEW 6TH $ 251.88 01 49106 01 510 MORNINGVIEW 7TH $ 386.85 01 49108 01 030 MORNINGVIEW 9TH $ 241.83 01 52000 02 060 NORDIC WOODS $ 224.44 01 52001 01 040 NORDIC WOODS 2ND $ 438.70 01 52001 01 090 NORDIC WOODS 2ND $ 349.91 01 52002 02 010 NORDIC WOODS 3RD $ 253.66 01 52004 03 090 NORDIC WOODS 5TH $ 293.89 01 53500 02 010 OAK RIDGE PARK $ 315.40 01 53500 04 040 OAK RIDGE PARK $ 208.08 01 53500 05 010 OAK RIDGE PARK $ 273.38 01 54500 01 130 OAK RIDGE PARK $ 206.23 01 56501 02 010 PALOMINO CLIFFS 2ND $ 332.08 01 56600 01 030 PALOMINO HILLS $ 400.55 01 56600 02 020 PALOMINO HILLS $ 320.86 01 56602 02 140 PALOMINO HILLS 3RD $ 393.16 01 56603 01 170 PALOMINO HILLS 4TH $ 233.18 01 56603 01 200 PALOMINO HILLS 4TH $ 163.22 01 56603 05 010 PALOMINO HILLS 4TH $ 433.10 01 56603 06 160 PALOMINO HILLS 4TH $ 459.32 01 56606 01 100 PALOMINO HILLS 7TH $ 74.48 01 56650 05 080 PALOMINO HILLS LAKESHORE $ 294.76 01 56700 01 070 PALOMINO HILLS REPLAT $ 333.93 01 56722 01 020 PALOMINO LAKESIDE MEADOWS 3RD $ 343.80 01 56722 01 020 PALOMINO LAKESIDE MEADOWS 3RD $ 224.44 01 56722 01 040 PALOMINO LAKESIDE MEADOWS 3RD $ 791.51 01 56722 02 020 PALOMINO LAKESIDE MEADOWS 3RD $ 416.31 01 56723 01 140 PALOMINO LAKESIDE MEADOWS 4TH $ 808.51 01 56723 01 180 PALOMINO LAKESIDE MEADOWS 4TH $ 319.99 01 56775 02 220 PALOMINO WOODS $ 331.25 01 56775 04 100 PALOMINO WOODS $ 466.78 01 56775 05 070 PALOMINO WOODS $ 367.88 01 56775 05 140 PALOMINO WOODS $ 244.53 01 56775 06 360 PALOMINO WOODS $ 160.54 01 56775 09 020 PALOMINO WOODS $ 253.05 01 56775 10 110 PALOMINO WOODS $ 264.30 01 56775 10 120 PALOMINO WOODS $ 311.27 01 56775 11 150 PALOMINO WOODS $ 297.81 01 57050 01 090 PENNOCK SHORES $ 303.41 01 57052 01 040 PENNOCK SHORES 3RD $ 282.35 01 57500 01 100 PENNOCK SHORES $ 411.25 01 57503 02 050 PENNOCK SHORES 4TH $ 335.76 9 Roll 653 – One (1) Installment at 8.0% 01 57506 01 050 PENNOCK SHORES 7TH $ 272.47 01 57506 01 220 PENNOCK SHORES 7TH $ 402.82 01 57506 02 020 PENNOCK SHORES 7TH $ 155.19 01 57506 02 110 PENNOCK SHORES 7TH $ 286.49 01 57508 01 280 PENNOCK SHORES 9TH $ 305.55 01 57600 01 090 PILOT POND $ 227.45 01 57651 01 110 PINECREST 2ND $ 424.30 01 57675 01 070 PINECREST TOWNHOMES $ 142.98 01 57675 01 130 PINECREST TOWNHOMES $ 117.25 01 57675 01 300 PINECREST TOWNHOMES $ 255.27 01 61601 01 020 QUARRY PONDS 2ND $ 141.18 01 63300 02 020 PALOMINO HILLS 6TH ADDN REPLAT $ 321.20 01 63300 02 140 PALOMINO HILLS 6TH ADDN REPLAT $ 250.21 01 63400 03 270 REGATTA $ 131.40 01 63400 03 360 REGATTA $ 298.51 01 63400 20 120 REGATTA $2,277.49 01 63401 01 010 REGATTA 2ND $2,617.81 01 63401 01 030 REGATTA 2ND $3,250.71 01 63401 29 160 REGATTA 2ND $ 212.79 01 63401 29 200 REGATTA 2ND $1,670.85 01 63402 29 020 REGATTA 3RD $ 172.61 01 64500 01 210 RODE'O HILLS $ 131.11 01 64600 01 020 ROLLING RIDGE $ 405.15 01 64600 02 060 ROLLING RIDGE $ 348.32 01 64600 04 070 ROLLING RIDGE $ 371.09 01 66200 01 070 SALEM WOOD ADDN $ 394.20 01 66500 03 070 SCOTT HIGHLANDS $ 329.00 01 66500 04 070 SCOTT HIGHLANDS $ 180.01 01 66500 04 090 SCOTT HIGHLANDS $ 244.40 01 66500 04 230 SCOTT HIGHLANDS $ 292.93 01 66501 02 050 SCOTT HIGHLANDS 2ND $ 120.52 01 66501 02 310 SCOTT HIGHLANDS 2ND $ 336.81 01 66501 03 070 SCOTT HIGHLANDS 2ND $ 356.16 01 66501 05 020 SCOTT HIGHLANDS 2ND $ 440.20 01 66502 06 070 SCOTT HIGHLANDS 3RD $ 355.99 01 66502 06 080 SCOTT HIGHLANDS 3RD $ 316.89 01 66503 02 050 SCOTT HIGHLANDS 4TH $ 132.74 01 66503 03 010 SCOTT HIGHLANDS 4TH $ 282.88 01 66503 03 200 SCOTT HIGHLANDS 4TH $ 671.93 01 66503 04 150 SCOTT HIGHLANDS 4TH $ 277.13 01 66503 06 060 SCOTT HIGHLANDS 4TH $ 102.16 01 66503 06 180 SCOTT HIGHLANDS 4TH $ 428.42 01 66503 07 010 SCOTT HIGHLANDS 4TH $ 280.75 01 66700 02 040 SCOTTSBRIAR $ 481.02 01 66700 04 140 SCOTTSBRIAR $ 503.70 01 66700 05 070 SCOTTSBRIAR $ 298.15 01 66700 05 100 SCOTTSBRIAR $ 328.75 01 66700 05 270 SCOTTSBRIAR $ 341.05 01 66700 06 020 SCOTTSBRIAR $ 313.88 01 66700 06 070 SCOTTSBRIAR $ 188.05 10 Roll 653 – One (1) Installment at 8.0% 01 66700 06 110 SCOTTSBRIAR $ 372.37 01 66700 07 150 SCOTTSBRIAR $ 315.51 01 66700 07 180 SCOTTSBRIAR $ 75.45 01 66700 08 030 SCOTTSBRIAR $ 297.92 01 66701 01 090 SCOTTSBRIAR 2ND $ 401.07 01 66701 03 140 SCOTTSBRIAR 2ND $ 288.46 01 66900 01 100 SEASONS ON THE PARK $ 196.34 01 73100 02 050 SUMMERFIELD $ 174.22 01 73200 02 050 SUNSHINES ESTATES $ 150.66 01 73200 05 110 SUNSHINES ESTATES $ 175.79 01 75850 03 070 THE HIGHLANDS $ 349.79 01 75950 01 070 THE OAKS OF APPLE VALLEY $ 453.54 01 75950 03 010 THE OAKS OF APPLE VALLEY $ 520.28 01 75951 05 030 THE OAKS OF APPLE VALLEY II $ 281.71 01 76204 01 030 THE WOODWINDS 5TH $ 508.52 01 76400 01 130 TIMBER RIDGE TOWNHOMES $ 407.00 01 76504 01 060 TIMBERWICK 5TH $ 463.04 01 76504 01 200 TIMBERWICK 5TH $ 364.61 01 76504 02 180 TIMBERWICK 5TH $ 398.98 01 76506 01 040 TIMBERWICK 7TH $ 250.00 01 76506 01 070 TIMBERWICK 7TH $ 152.18 01 76508 02 050 TIMBERWICK 8TH $ 479.04 01 76900 01 130 TOUSIGNANTS PRAIRIE CROSSING $ 327.95 01 76900 01 220 TOUSIGNANTS PRAIRIE CROSSING $ 237.35 01 76900 05 060 TOUSIGNANTS PRAIRIE CROSSING $ 289.64 01 76900 05 400 TOUSIGNANTS PRAIRIE CROSSING $ 396.73 01 77000 04 060 TOWNHOUSE 4TH ADDN $ 401.64 01 77000 07 030 TOWNHOUSE 4TH ADDN $ 239.97 01 77000 08 060 TOWNHOUSE 4TH ADDN $ 152.83 01 77000 09 040 TOWNHOUSE 4TH ADDN $ 236.54 01 77000 10 020 TOWNHOUSE 4TH ADDN $ 191.74 01 77000 11 050 TOWNHOUSE 4TH ADDN $ 217.21 01 77000 11 060 TOWNHOUSE 4TH ADDN $ 272.32 01 81301 01 030 VALLEY MEADOWS 2ND $ 151.18 01 81301 02 090 VALLEY MEADOWS 2ND $ 390.77 01 81320 01 320 VALLEY OAKS TOWNHOMES $ 215.27 01 81320 02 100 VALLEY OAKS TOWNHOMES $ 240.08 01 81325 01 050 VALLEY PINES $ 263.56 01 81400 01 030 VALLEY SOUTH $ 685.96 01 81400 01 050 VALLEY SOUTH $ 234.81 01 81400 01 150 VALLEY SOUTH $ 389.92 01 81400 02 120 VALLEY SOUTH $ 408.20 01 81400 02 160 VALLEY SOUTH $ 253.75 01 81454 01 070 VALLEY WAY VILLAGE 5TH $ 337.66 01 81456 01 190 VALLEY WAY VILLAGE 7TH $ 385.10 01 81456 01 260 VALLEY WAY VILLAGE 7TH $ 346.16 01 81457 01 090 VALLEY WAY VILLAGE 8TH $ 359.94 01 83250 02 050 WATERFORD VILLAGE $ 390.77 01 83276 01 210 WATERFORD VILLAGE TWNHM 2ND $ 322.00 01 84190 02 010 WILDWOOD $ 229.79 11 Roll 653 – One (1) Installment at 8.0% 01 84193 03 020 WILDWOOD 4TH $ 258.91 01 84195 02 010 WILDWOOD 6TH $ 171.24 01 84351 01 110 WILLIAMSBURG 2ND $ 238.23 01 84351 02 030 WILLIAMSBURG 2ND $ 261.08 01 84700 01 050 THE WOODS $ 197.39 01 85280 01 020 WYNDEMERE ADDITION $ 358.28 TOTAL ASSESSMENTS $153,360.69 Written or oral objections will be considered. No appeal may be taken as to the amount of any assessment unless written objection, signed by the affected property owner, is filed with the City Clerk prior to the hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the district court pursuant to M.S.A. 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City of Apple Valley within thirty (30) days after the adoption of the assessment and filing such notice with the District Court of Dakota County within ten (10) days after service upon the Mayor or Clerk. DATED this 12th day of April, 2018. Pamela J. Gackstetter, City Clerk City of Apple Valley 7100 147th Street W. Apple Valley, MN 55124 PID Name Address CityStateZip Account #Plat_Name Amount 01-10350-01-090 AUDREY MILLER 8299 143RD ST W APPLE VALLEY, MN 55124 0585082999 ACADEMY VILLAGE $257.34 01-10350-02-160 DESIREE ROSENBLOOM 14322 HEMLOCK CT S APPLE VALLEY, MN 55124 0363143229 ACADEMY VILLAGE $358.45 01-10350-06-001 JACQULINE WIESER 14356 HEMLOCK CT S APPLE VALLEY, MN 55124 0363143567 ACADEMY VILLAGE $384.48 01-10350-20-001 ISAAC AGUILAR 14251 HAYES RD APPLE VALLEY, MN 55124 0360142513 ACADEMY VILLAGE $110.31 01-10350-20-004 LAMONT JACOBS 14255 HAYES RD APPLE VALLEY, MN 55124 0360142554 ACADEMY VILLAGE $269.21 01-10350-40-002 DEAQUA ELD 14327 HEMLOCK CT S APPLE VALLEY, MN 55124 0363143278 ACADEMY VILLAGE $372.18 01-10350-80-440 DYLAN SEVERSON 8440 144TH ST W APPLE VALLEY, MN 55124 0588084406 ACADEMY VILLAGE $303.69 01-11650-02-140 COREY A LARSON 7249 158TH ST W APPLE VALLEY, MN 55124 0210072490 APPLE PONDS $265.42 01-11650-02-220 MARK PEDERSON 7341 158TH ST W APPLE VALLEY, MN 55124 0210073415 APPLE PONDS $156.53 01-11650-03-030 THAM PHAM 7400 157TH ST W APPLE VALLEY, MN 55124 0208074003 APPLE PONDS $656.18 01-11650-03-180 PAULINE OBIERO 7325 UPPER 157TH ST W APPLE VALLEY, MN 55124 0209073251 APPLE PONDS $174.52 01-11650-03-210 ERIC ASLESON 7361 UPPER 157TH ST W APPLE VALLEY, MN 55124 0209073616 APPLE PONDS $268.36 01-11650-04-100 THOMAS GULBRANDSON 7166 157TH ST W APPLE VALLEY, MN 55124 0208071660 APPLE PONDS $289.56 01-11651-01-010 THERESA WINTER 15940 GARRETT PATH APPLE VALLEY, MN 55124 0060159405 APPLE PONDS 2ND $240.70 01-11652-01-040 MELISSA RIVAS YEE YICK 15842 GALVESTON AVE APPLE VALLEY, MN 55124 0107158428 APPLE PONDS 3RD $211.93 01-11652-01-050 JOSE GOMEZ 15852 GALVESTON AVE APPLE VALLEY, MN 55124 0107158527 APPLE PONDS 3RD $344.20 01-11652-03-010 LEE HEGGEN 7198 158TH ST W APPLE VALLEY, MN 55124 0210071989 APPLE PONDS 3RD $258.44 01-11652-05-030 ROBBIE RUDEBUSCH 15894 GALVESTON AVE APPLE VALLEY, MN 55124 0107158949 APPLE PONDS 3RD $307.14 01-11653-02-020 DIANE ARNOLD 7066 159TH ST W APPLE VALLEY, MN 55124 0215070663 APPLE PONDS 4TH $344.97 01-11653-02-160 ROXANNE BORCHARDT 7194 159TH ST W APPLE VALLEY, MN 55124 0215071943 APPLE PONDS 4TH $282.94 01-11700-02-090 PAULA WICKLUM 184 LINDEN CIR APPLE VALLEY, MN 55124 0375001845 APPLE VALLEY $379.71 01-11700-04-060 BARB GOERGES 185 GARDEN VIEW DR APPLE VALLEY, MN 55124 0354001857 APPLE VALLEY $191.92 01-11701-03-060 ERIK WILLIAMS 256 ELM DR APPLE VALLEY, MN 55124 0351002569 APPLE VALLEY 2ND $295.53 01-11701-03-240 DENISE CLENDENING 253 WALNUT LN APPLE VALLEY, MN 55124 0414002531 APPLE VALLEY 2ND $552.81 01-11701-04-220 SUE PETERSON 221 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0345002212 APPLE VALLEY 2ND $256.90 01-11701-04-231 JONATHAN SHARPE 229 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0345002295 APPLE VALLEY 2ND $235.50 01-11702-06-210 JANET CONWAY 241 PINEWOOD DR APPLE VALLEY, MN 55124 0393002411 APPLE VALLEY 3RD $198.89 01-11702-07-020 CHAD FANGEL 301 PINEWOOD DR APPLE VALLEY, MN 55124 0393003013 APPLE VALLEY 3RD $297.59 01-11702-07-320 TYLER ZEHRING 357 WALNUT LN APPLE VALLEY, MN 55124 0414003570 APPLE VALLEY 3RD $266.53 01-11702-08-080 MARK STATELY 317 WALNUT LN APPLE VALLEY, MN 55124 0414003174 APPLE VALLEY 3RD $201.68 01-11702-11-040 GARY HUEBNER 160 REDWOOD DR APPLE VALLEY, MN 55124 0396001600 APPLE VALLEY 3RD $186.08 01-11703-02-140 JEFFREY GINTZ 908 MCINTOSH DR APPLE VALLEY, MN 55124 0061009088 APPLE VALLEY 4TH $295.03 01-11703-02-201 TRISHA TAYLOR 913 ORIOLE DR APPLE VALLEY, MN 55124 0070009137 APPLE VALLEY 4TH $359.44 01-11703-03-070 PETRA MONTEREY 953 CORTLAND DR APPLE VALLEY, MN 55124 0013009533 APPLE VALLEY 4TH $122.62 01-11703-04-130 THOMAS MCKENNA 884 ORIOLE DR APPLE VALLEY, MN 55124 0070008840 APPLE VALLEY 4TH $320.77 01-11703-07-090 MICHELLE FREEMAN 909 MINJON DR APPLE VALLEY, MN 55124 0058009091 APPLE VALLEY 4TH $208.21 01-11703-07-100 KRIS AUGDAHL 913 MINJON DR APPLE VALLEY, MN 55124 0058009133 APPLE VALLEY 4TH $235.87 01-11703-10-170 JAMES BERGEN 921 DUCHESS LN APPLE VALLEY, MN 55124 0022009219 APPLE VALLEY 4TH $340.79 01-11705-02-050 CHRISTINA HELMS 840 CORTLAND DR APPLE VALLEY, MN 55124 0013008402 APPLE VALLEY 6TH $280.07 01-11705-06-050 JIM VOGEL 933 WHITNEY DR APPLE VALLEY, MN 55124 0100009339 APPLE VALLEY 6TH $352.62 01-11706-01-030 ROBERT KNOUREK 192 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0019001922 APPLE VALLEY 6TH $375.35 01-11706-01-170 SOLVEI SCHATTELES 989 ORIOLE DR APPLE VALLEY, MN 55124 0070009897 APPLE VALLEY 6TH $280.22 01-11706-04-010 KENNETH C THOMAS 975 CORTLAND DR APPLE VALLEY, MN 55124 0013009756 APPLE VALLEY 6TH $365.12 01-11706-06-070 RESIDENT 904 PORTER LN APPLE VALLEY, MN 55124 0076009040 APPLE VALLEY 6TH $184.71 01-11706-07-170 VIRGINIA PAPNHAUSEN 981 WHITNEY DR APPLE VALLEY, MN 55124 0100009818 APPLE VALLEY 6TH $159.80 01-11706-08-030 ANDREW FRAME 988 WHITNEY DR APPLE VALLEY, MN 55124 0100009883 APPLE VALLEY 6TH $200.55 01-11706-08-040 ROBERT G SMALE 984 WHITNEY DR APPLE VALLEY, MN 55124 0100009842 APPLE VALLEY 6TH $250.23 01-11706-08-130 ADAM REED 948 WHITNEY DR APPLE VALLEY, MN 55124 0100009487 APPLE VALLEY 6TH $328.30 01-11707-02-010 RICHARD HANOUSEK 869 MCINTOSH DR APPLE VALLEY, MN 55124 0061008692 APPLE VALLEY 8TH $391.49 01-11707-06-090 VALERIE L SAUL-TAYLOR 816 MCINTOSH DR APPLE VALLEY, MN 55124 0061008163 APPLE VALLEY 8TH $394.61 01-11707-07-010 MARSHA ABDULLAH 892 MCINTOSH DR APPLE VALLEY, MN 55124 0061008924 APPLE VALLEY 8TH $270.81 01-11707-09-070 HUGH O'DONNELL 825 ORIOLE DR APPLE VALLEY, MN 55124 0070008253 APPLE VALLEY 8TH $324.83 01-11707-12-010 BRIAN TIMM 864 WHITNEY DR APPLE VALLEY, MN 55124 0100008646 APPLE VALLEY 8TH $148.78 01-11707-12-100 ADAM SWARTS 771 NEWELL DR APPLE VALLEY, MN 55124 0067007714 APPLE VALLEY 8TH $291.41 01-11708-02-070 OSIEL GARCIA 911 GARDEN VIEW DR APPLE VALLEY, MN 55124 0034009116 APPLE VALLEY 9TH $379.34 01-11709-01-020 JAMIE A EVERETTS 72 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0019000726 APPLE VALLEY 10TH $370.67 01-11709-02-010 MATT DURBIN 831 JONATHAN DR APPLE VALLEY, MN 55124 0049008319 APPLE VALLEY 10TH $430.93 01-11709-04-080 MICHAEL CROSS 830 JONATHAN DR APPLE VALLEY, MN 55124 0049008301 APPLE VALLEY 10TH $316.56 01-11710-01-060 MARK OLSON 248 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0019002482 APPLE VALLEY 11TH $339.85 01-11710-01-090 VANCE KOLLER 260 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0019002607 APPLE VALLEY 11TH $280.19 01-11710-01-190 JEFF CARPENTER 1067 LOWELL DR APPLE VALLEY, MN 55124 0055010670 APPLE VALLEY 11TH $346.15 01-11710-01-320 ALEX TRENARY 1015 LOWELL DR APPLE VALLEY, MN 55124 0055010159 APPLE VALLEY 11TH $221.87 01-11710-03-100 DENA TORKELSON 1070 LOWELL DR APPLE VALLEY, MN 55124 0055010704 APPLE VALLEY 11TH $473.16 01-11711-04-010 KELLI JOHNSON 998 REDWOOD DR APPLE VALLEY, MN 55124 0088009988 APPLE VALLEY 12TH $148.77 01-11711-06-060 SCOTT FRONK 938 HOPEWELL LN APPLE VALLEY, MN 55124 0046009385 APPLE VALLEY 12TH $149.84 01-11711-07-350 PAUL HENJUM 1075 WHITNEY DR APPLE VALLEY, MN 55124 0100010758 APPLE VALLEY 12TH $242.39 01-11711-08-020 JOSE W JIMENEZ JR 913 HOPEWELL LN APPLE VALLEY, MN 55124 0046009138 APPLE VALLEY 12TH $105.00 01-11712-02-030 ABDIRAMON ADAM 1014 WHITNEY DR APPLE VALLEY, MN 55124 0100010147 APPLE VALLEY 13TH $160.56 01-11750-03-030 CHARLES HAYSLETT III 15126 DUNBAR BLVD APPLE VALLEY, MN 55124 0025151265 APPLE VALLEY EAST $638.86 01-11750-04-060 GETAHUN TESFAYE 15344 DUNBAR AVE APPLE VALLEY, MN 55124 0024153445 APPLE VALLEY EAST $417.21 01-11750-04-110 RESIDENT 15144 DUNBAR BLVD APPLE VALLEY, MN 55124 0025151448 APPLE VALLEY EAST $318.88 01-11750-04-120 MARK N LIDKE 15142 DUNBAR BLVD APPLE VALLEY, MN 55124 0025151422 APPLE VALLEY EAST $335.13 01-11751-05-060 JOHN MARKGRAF 15355 DRESDEN WAY APPLE VALLEY, MN 55124 0018153559 APPLE VALLEY EAST 2ND $277.74 01-11752-02-010 LUIS BELLIDO 15330 DREXEL WAY APPLE VALLEY, MN 55124 0657153304 APPLE VALLEY EAST 3RD $220.59 01-11753-02-030 SARAH GAUFF 15446 DREXEL WAY APPLE VALLEY, MN 55124 0657154468 APPLE VALLEY EAST 3RD $148.10 01-11753-02-120 CHRISTOPHER BOCKWOLDT 15405 DRESDEN TRL APPLE VALLEY, MN 55124 0020154058 APPLE VALLEY EAST 3RD $311.14 Exhibit B Resolution Number 2018- Delinquent Utility Accounts Assessment #653 Page 1 of 7 PID Name Address CityStateZip Account #Plat_Name Amount Exhibit B Resolution Number 2018- Delinquent Utility Accounts Assessment #653 01-11753-04-020 BRAD RUTH 15472 DREXEL WAY APPLE VALLEY, MN 55124 0657154724 APPLE VALLEY EAST 3RD $346.36 01-11755-01-080 DIANNE MORITZ 15105 DUNBAR CT APPLE VALLEY, MN 55124 0026151058 APPLE VALLEY EAST 5TH $310.84 01-11755-01-140 GREG REIMERS 15110 DUNBAR CT APPLE VALLEY, MN 55124 0026151108 APPLE VALLEY EAST 5TH $242.67 01-11785-03-140 PANKAJ MEHRA 5389 154TH ST W APPLE VALLEY, MN 55124 0877263183 AV EAST FAMILY 2ND $400.73 01-13600-01-010 CLAUDIA STEGORA 4960 120TH ST W APPLE VALLEY, MN 55124 0601049601 BECKMAN'S 1ST $126.18 01-14700-01-080 WILLIAM ROHR 132 HAYES RD APPLE VALLEY, MN 55124 0360001321 BOB'S GARDEN VIEW $279.03 01-14700-02-100 BERNADINE STEWART 148 STRESE LN APPLE VALLEY, MN 55124 0408001481 BOB'S GARDEN VIEW $366.20 01-14700-02-120 PATRICIA PUTNAM 140 STRESE LN APPLE VALLEY, MN 55124 0408001408 BOB'S GARDEN VIEW $412.84 01-14701-01-020 DAVID VIGEN 124 HAYES RD APPLE VALLEY, MN 55124 0360001248 BOB'S GARDEN VIEW 2ND $249.37 01-14701-03-010 SCOTT BERG 128 STRESE LN APPLE VALLEY, MN 55124 0408001283 BOB'S GARDEN VIEW 2ND $244.56 01-14701-03-100 JAMES ROBERTS 137 WALNUT CIR APPLE VALLEY, MN 55124 0411001379 BOB'S GARDEN VIEW 2ND $328.06 01-14702-01-010 THOMAS STANDAFER 129 GARDEN VIEW DR APPLE VALLEY, MN 55124 0354001295 BOB'S GARDEN VIEW 3RD $356.17 01-14702-03-050 JEREK DAIN 188 WALNUT LN APPLE VALLEY, MN 55124 0414001889 BOB'S GARDEN VIEW 3RD $293.32 01-14702-03-160 JENNIFER ROSA 193 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0345001933 BOB'S GARDEN VIEW 3RD $334.35 01-14702-03-170 THOMAS SMITH III 189 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0345001891 BOB'S GARDEN VIEW 3RD $140.48 01-14703-03-050 JUDY WENNBERG 144 OAKWOOD RD APPLE VALLEY, MN 55124 0381001441 BOB'S GARDEN VIEW 4TH $412.54 01-15200-01-010 RANDY ROLFE 12011 SAFARI PASS APPLE VALLEY, MN 55124 0873120116 BRIAR OAKS OF AV $205.12 01-15200-01-060 SCOTT FISHER 7025 121ST ST W APPLE VALLEY, MN 55124 0774070253 BRIAR OAKS OF AV $342.43 01-15200-02-070 ANTHONY LEMA 12018 GANTRY LN APPLE VALLEY, MN 55124 0743120189 BRIAR OAKS OF AV $278.85 01-15200-03-010 PAUL DORNBACH 7022 121ST ST W APPLE VALLEY, MN 55124 0774070220 BRIAR OAKS OF AV $392.62 01-15201-01-070 RORY BERNSTEIN 12067 GANTRY CT APPLE VALLEY, MN 55124 0744120675 BRIAR OAKS OF AV 2ND $446.17 01-15201-05-030 LYNN KOSLOSKE 7162 121ST ST W APPLE VALLEY, MN 55124 0774071624 BRIAR OAKS OF AV 2ND $324.04 01-15201-05-130 WOODROE FRANKLIN 12114 GANTRY LN APPLE VALLEY, MN 55124 0743121146 BRIAR OAKS OF AV 2ND $283.97 01-16301-01-120 PETER OLSEN 14639 HARRINGTON PL APPLE VALLEY, MN 55124 0418146391 CARROLLTON ESTATES 2ND $506.11 01-16301-04-090 BETTY ANNE MYERS 8070 UPPER 146TH ST W APPLE VALLEY, MN 55124 0330080702 CARROLLTON ESTATES 2ND $353.75 01-16303-01-030 JEFF ZIMMERMAN 14850 HAYES RD APPLE VALLEY, MN 55124 0360148502 CARROLLTON ESTATES 4TH $211.96 01-16303-03-320 GORDON OLSEN 7991 147TH ST W APPLE VALLEY, MN 55124 0333079917 CARROLLTON ESTATES 4TH $309.14 01-16303-03-490 WATER OFF RESIDENT 7935 147TH ST W APPLE VALLEY, MN 55124 0333079354 CARROLLTON ESTATES 4TH $710.64 01-16304-02-030 JEFF FERRON 14839 HAVEN DR APPLE VALLEY, MN 55124 0419148396 CARROLLTON ESTATES 5TH $246.36 01-16304-02-080 RESIDENT 14853 HAVEN DR APPLE VALLEY, MN 55124 0419148537 CARROLLTON ESTATES 5TH $143.35 01-16304-02-100 TYLER SEVERSON 14861 HAVEN DR APPLE VALLEY, MN 55124 0419148610 CARROLLTON ESTATES 5TH $294.03 01-16400-02-010 RONALD LIDBECK 14458 UPPER GUTHRIE CT APPLE VALLEY, MN 55124 0359144587 CARROLLWOOD VILLAGE $190.16 01-16401-01-030 PERRY LYNUM 14409 GUTHRIE WAY APPLE VALLEY, MN 55124 0356144093 CARROLLWOOD VILLAGE 2ND $298.10 01-16401-02-040 STEVEN HILL 14455 GUTHRIE WAY APPLE VALLEY, MN 55124 0356144556 CARROLLWOOD VILLAGE 2ND $306.73 01-16403-02-100 KARA LINDUS 14040 GUTHRIE AVE APPLE VALLEY, MN 55124 0358140404 CARROLLWOOD VILLAGE 4TH $195.63 01-16404-01-030 JAMES R SIMS 7850 142ND ST W APPLE VALLEY, MN 55124 0576078501 CARROLLWOOD VILLAGE 5TH $299.30 01-16404-01-250 MATTHEW BARTELS 7853 GLENDA CT APPLE VALLEY, MN 55124 0353078534 CARROLLWOOD VILLAGE 5TH $147.16 01-16404-01-280 RESIDENT 7862 GLENDA CT APPLE VALLEY, MN 55124 0353078625 CARROLLWOOD VILLAGE 5TH $299.53 01-16580-04-060 BOBBI WATTS 14222 FREEPORT TRL APPLE VALLEY, MN 55124 0708142223 CEDAR ISLE ESTATES $333.53 01-16581-02-130 JUDITH ESCAMILA 14015 FREEPORT CT APPLE VALLEY, MN 55124 0738140155 CEDAR ISLE ESTATES 2ND $439.79 01-16583-01-090 PAUL GRAMSTAD 14325 FRIDLEY WAY APPLE VALLEY, MN 55124 0735143251 CEDAR ISLE ESTATES 4TH $203.99 01-16583-02-050 SETH LIEFFORT 14304 FRIDLEY WAY APPLE VALLEY, MN 55124 0735143046 CEDAR ISLE ESTATES 4TH $232.21 01-16585-03-010 RACHAEL WALSTAD 14244 FOSSIL LN APPLE VALLEY, MN 55124 0604142442 CEDAR ISLE ESTATES 6TH $653.98 01-16591-02-100 BRIAN BALLINGER 14354 FLORA CT APPLE VALLEY, MN 55124 0741143543 CEDAR ISLE VILLAGE HOMES 2ND $344.10 01-17150-01-060 GAIL SNYDER 13461 GEORGIA CIR APPLE VALLEY, MN 55124 0761134612 CHERRY OAKS ESTATES $659.99 01-17150-01-120 YVONNE NGANDO 13413 GEORGIA CIR APPLE VALLEY, MN 55124 0761134133 CHERRY OAKS ESTATES $261.66 01-17152-01-020 ISAAK GEEDI 13417 GENEVA WAY APPLE VALLEY, MN 55124 0756134171 CHERRY OAKS ESTATES 3RD $580.12 01-18050-02-060 BRIAN KOHORST 15715 DIAMOND WAY APPLE VALLEY, MN 55124 0154157158 COBBLESTONE LAKE $471.49 01-18060-10-010 STEVE KYLLO 15850 DUMONT LN APPLE VALLEY, MN 55124 0877260143 COBBLESTONE LAKE SOUTH SHORE $491.41 01-18062-04-010 JEFFREY HAMMILL 15889 EASTBEND WAY APPLE VALLEY, MN 55124 0877261748 COBBLESTONE LAKE SOUTH SHORE 3RD $655.47 01-18062-06-020 ABDI DHINBIL 15872 EASTCHESTER RD APPLE VALLEY, MN 55124 0877261398 COBBLESTONE LAKE SOUTH SHORE 3RD $196.32 01-18062-06-070 ERIC S ALLEN 15877 DUXBURY LN APPLE VALLEY, MN 55124 0877261813 COBBLESTONE LAKE SOUTH SHORE 3RD $358.30 01-18062-07-080 ABDULLAHI RAZAK 4942 159TH ST W APPLE VALLEY, MN 55124 0877261393 COBBLESTONE LAKE SOUTH SHORE 3RD $428.17 01-18062-07-090 SHARIFF RASOUL 4930 159TH ST W APPLE VALLEY, MN 55124 0877261443 COBBLESTONE LAKE SOUTH SHORE 3RD $392.35 01-18064-01-090 SADIDHAR PARUCHURI 15893 ELMCROFT WAY APPLE VALLEY, MN 55124 0877262383 COBBLESTONE LAKE SOUTH SHORE 5TH $638.20 01-18067-01-090 KHURRAM MIAN 15933 ELMWOOD WAY APPLE VALLEY, MN 55124 0877263148 COBBLESTONE LAKE SOUTH SHORE 8TH $215.74 01-18076-01-030 CHABOTA HANTUBA 8749 134TH ST W APPLE VALLEY, MN 55124 0583087495 COBBLESTONE MANOR 2ND $291.80 01-18077-01-020 KENT TROYER 8681 134TH ST W APPLE VALLEY, MN 55124 0583086810 COBBLESTONE MANOR 3RD $214.54 01-18077-02-310 CLAY DEISHER 8520 134TH ST W APPLE VALLEY, MN 55124 0583085200 COBBLESTONE MANOR 3RD $110.60 01-18100-01-040 JILLIAN MUSSELMAN 13677 HOLYOKE LN APPLE VALLEY, MN 55124 0365136775 COBBLESTONE LAKEVIEW $491.16 01-18150-01-100 JUDY VAN VOORHIS 8520 135TH ST W APPLE VALLEY, MN 55124 0584085209 COBBLESTONES I $348.80 01-18150-03-102 HOSSAM AFIFI 8657 135TH ST W APPLE VALLEY, MN 55124 0584086579 COBBLESTONES I $364.65 01-18151-01-010 DAVID C ANDERSON 8637 135TH ST W APPLE VALLEY, MN 55124 0584086371 COBBLESTONES I REPLAT $322.14 01-18151-01-020 WENDY ROGERS 8635 135TH ST W APPLE VALLEY, MN 55124 0584086355 COBBLESTONES I REPLAT $159.05 01-18301-03-020 CHRIS JONES 15315 EAGLE BAY WAY APPLE VALLEY, MN 55124 0877263143 CORTLAND 2ND $507.71 01-18302-01-080 DOUGLAS DVORAK 15253 EAGLE BAY WAY APPLE VALLEY, MN 55124 0877264698 CORTLAND 3RD $296.66 01-19900-02-020 ERLAND FLAMING 5262 144TH ST W APPLE VALLEY, MN 55124 0170052623 DELANEY PARK $381.21 01-19900-02-080 BRIAN MORRILL 5186 144TH ST W APPLE VALLEY, MN 55124 0170051864 DELANEY PARK $82.49 01-19902-01-040 MARK SAUER 14593 EMBRY PATH APPLE VALLEY, MN 55124 0032145938 DELANEY PARK 3RD $563.37 01-19902-01-050 TOM BISHOP 14607 EMBRY PATH APPLE VALLEY, MN 55124 0032146076 DELANEY PARK 3RD $332.67 01-20500-02-070 KURT RUBERG 14684 DORY CT APPLE VALLEY, MN 55124 0663146847 DIAMOND PATH $235.07 01-20500-02-140 DENNIS NEPSUND 14687 DOMINICA CT APPLE VALLEY, MN 55124 0654146871 DIAMOND PATH $300.30 01-20500-02-240 AGRICULTURAL FCU 14689 DENMARK CT APPLE VALLEY, MN 55124 0645146899 DIAMOND PATH $229.30 01-20500-02-250 JASON LINDNER 14685 DENMARK CT APPLE VALLEY, MN 55124 0645146857 DIAMOND PATH $320.22 01-20500-03-320 CORLIN FRANZMEIER 14700 DORY CT APPLE VALLEY, MN 55124 0663147001 DIAMOND PATH $323.43 01-20502-01-200 PAUL BROWN 5178 148TH PATH W APPLE VALLEY, MN 55124 0192051785 DIAMOND PATH 3RD $291.71 Page 2 of 7 PID Name Address CityStateZip Account #Plat_Name Amount Exhibit B Resolution Number 2018- Delinquent Utility Accounts Assessment #653 01-20502-01-210 REGINALD TULK 5154 148TH PATH W APPLE VALLEY, MN 55124 0192051546 DIAMOND PATH 3RD $179.33 01-20502-02-070 JOSEPH BETLEY 14898 EASTER AVE APPLE VALLEY, MN 55124 0660148986 DIAMOND PATH 3RD $167.37 01-20502-02-160 JASON BENSON 4960 148TH PATH W APPLE VALLEY, MN 55124 0192049607 DIAMOND PATH 3RD $281.47 01-20502-05-050 JASON EVANS 14944 DUNDEE AVE APPLE VALLEY, MN 55124 0029149448 DIAMOND PATH 3RD $292.47 01-20502-08-110 JARED PERO 4985 148TH PATH W APPLE VALLEY, MN 55124 0192049854 DIAMOND PATH 3RD $314.26 01-20502-09-050 PHILLIP RAMEY 5120 148TH PATH W APPLE VALLEY, MN 55124 0192051207 DIAMOND PATH 3RD $357.22 01-20503-01-040 JAMES ARNOLD 14940 ECHO WAY APPLE VALLEY, MN 55124 0033149400 DIAMOND PATH 4TH $278.80 01-20503-01-060 TYRONE PRIMOLI 14946 ECHO WAY APPLE VALLEY, MN 55124 0033149467 DIAMOND PATH 4TH $278.43 01-20503-02-160 MOHMUD HAGUF 14850 ECHO WAY APPLE VALLEY, MN 55124 0033148501 DIAMOND PATH 4TH $414.95 01-20503-02-210 SAMANTHA SUCHY 14910 ECHO WAY APPLE VALLEY, MN 55124 0033149103 DIAMOND PATH 4TH $362.81 01-20503-02-230 ROBERT B MASK JR 14918 ECHO WAY APPLE VALLEY, MN 55124 0033149186 DIAMOND PATH 4TH $381.14 01-20504-02-170 ALLEN HALCOMB 5367 UPPER 147TH ST W APPLE VALLEY, MN 55124 0869053672 DIAMOND PATH 5TH $365.52 01-20505-01-018 ANDREW LEECH 14722 EMBRY PATH APPLE VALLEY, MN 55124 0032147223 DIAMOND PATH 6TH $286.38 01-20505-01-037 RANDI HANSEN 14692 EMBRY PATH APPLE VALLEY, MN 55124 0032146928 DIAMOND PATH 6TH $265.30 01-20505-01-041 MANUEL PEREZ 5082 147TH ST W APPLE VALLEY, MN 55124 0184050829 DIAMOND PATH 6TH $146.62 01-20505-01-052 DARRIN CHANCE 5090 147TH ST W APPLE VALLEY, MN 55124 0184050902 DIAMOND PATH 6TH $207.83 01-20505-01-053 DARRIN BERGSTROM 14676 EMBRY PATH APPLE VALLEY, MN 55124 0032146761 DIAMOND PATH 6TH $291.09 01-20505-01-090 RAYMOND HENDERSON 5115 148TH ST W APPLE VALLEY, MN 55124 0191051158 DIAMOND PATH 6TH $348.85 01-20505-01-110 BRADLEY BARLING 5151 148TH ST W APPLE VALLEY, MN 55124 0191051513 DIAMOND PATH 6TH $187.54 01-20505-01-132 SUSAN ANDERSON 14792 EMBRY PATH APPLE VALLEY, MN 55124 0032147926 DIAMOND PATH 6TH $262.39 01-20509-01-040 JEREMY BERCHEM 14935 ECHO WAY APPLE VALLEY, MN 55124 0033149350 DIAMOND PATH 10TH $123.09 01-20510-01-270 TROY A PALMER 5236 149TH ST W APPLE VALLEY, MN 55124 0196052367 DIAMOND PATH 11TH $261.04 01-20510-02-050 ASHLEY BETHUNE 5280 149TH ST W APPLE VALLEY, MN 55124 0196052805 DIAMOND PATH 11TH $359.29 01-20575-01-070 STEVE CRENSHAW 4685 138TH ST W APPLE VALLEY, MN 55124 0826046850 DIAMOND VALLEY ESTATES $331.45 01-20575-02-040 MICHAEL SHANKS 4720 138TH ST W APPLE VALLEY, MN 55124 0826047205 DIAMOND VALLEY ESTATES $345.24 01-22450-05-010 DUSTIN ARTWOHL 13748 GEORGIA DR APPLE VALLEY, MN 55124 0761137482 EAGLE RIDGE ESTATES $100.30 01-22450-05-020 DWIGHT NEAL 13720 GEORGIA DR APPLE VALLEY, MN 55124 0761137201 EAGLE RIDGE ESTATES $312.52 01-22450-06-010 RICHARD WENNER 7470 UPPER 136TH ST W APPLE VALLEY, MN 55124 0816074706 EAGLE RIDGE ESTATES $259.51 01-22451-01-090 ELIZABETH GOBINA 13629 GLASGOW LN APPLE VALLEY, MN 55124 0767136298 EAGLE RIDGE ESTATES 2ND $386.36 01-22451-01-110 JAMAL AWOW 13605 GLASGOW LN APPLE VALLEY, MN 55124 0767136058 EAGLE RIDGE ESTATES 2ND $178.35 01-22451-02-030 ANGELA JOHNSON 13594 GLASGOW LN APPLE VALLEY, MN 55124 0767135944 EAGLE RIDGE ESTATES 2ND $409.17 01-23201-01-020 MONIQUE HARRIS 12859 GARRETT CT APPLE VALLEY, MN 55124 0877261518 EASTWOOD RIDGE 2ND $418.52 01-23687-01-060 MADELEINE NIELSEN 14329 EMBASSY WAY APPLE VALLEY, MN 55124 0102143292 EMBASSY ESTATES 3RD $244.19 01-23695-02-010 KELLY BIROS 13537 EMBRY WAY APPLE VALLEY, MN 55124 0798135376 EMBRY ESTATES $147.65 01-23700-01-410 MICHELLE J O'DONNELL 5330 EMERALD WAY APPLE VALLEY, MN 55124 0632053306 EMERALD POINT $345.77 01-23701-01-180 RESIDENT 5343 EMERALD WAY APPLE VALLEY, MN 55124 0632053439 EMERALD POINT 2ND $225.47 01-23701-01-200 PATRICK SEEKER 5339 EMERALD WAY APPLE VALLEY, MN 55124 0632053397 EMERALD POINT 2ND $348.17 01-23702-01-060 GREGORY BELL 5378 EMERALD WAY APPLE VALLEY, MN 55124 0632053785 EMERALD POINT 3RD $355.13 01-23702-01-090 JEFF HUNTER 5372 EMERALD WAY APPLE VALLEY, MN 55124 0632053728 EMERALD POINT 3RD $359.72 01-25650-03-070 CHARLES NORKUNAS 13470 ELKWOOD DR APPLE VALLEY, MN 55124 0664134107 FARQUAR HILLS $265.21 01-25650-03-100 ROBERT REISCHAUER 13416 ELKWOOD CIR APPLE VALLEY, MN 55124 0662134166 FARQUAR HILLS $379.07 01-25650-03-230 JARROD M BEACH 13532 LOWER ELKWOOD CT APPLE VALLEY, MN 55124 0662135320 FARQUAR HILLS $403.71 01-25650-03-310 GARY PAIKO 13636 UPPER ELKWOOD CT APPLE VALLEY, MN 55124 0662136369 FARQUAR HILLS $274.28 01-25650-05-170 LAURIE MILES 13651 ELKWOOD DR APPLE VALLEY, MN 55124 0664136516 FARQUAR HILLS $93.95 01-27503-01-010 VANESSA KAHLE 8612 HOLLAND AVE APPLE VALLEY, MN 55124 0535086124 FOREST PARK ESTATES 4TH $271.30 01-28950-01-030 DANIEL COX 14304 HICKORY CT APPLE VALLEY, MN 55124 0422143046 GARDENVIEW PLACE $175.25 01-28950-01-030 STEVE NICKELSON 14304 HICKORY CT APPLE VALLEY, MN 55124 0422143046 GARDENVIEW PLACE $68.21 01-28950-01-170 MELISSA CHRISTENSEN 14329 HICKORY WAY APPLE VALLEY, MN 55124 0424143291 GARDENVIEW PLACE $145.78 01-28950-01-420 BRIAN TRIPP 14358 HICKORY WAY APPLE VALLEY, MN 55124 0424143580 GARDENVIEW PLACE $163.22 01-28951-01-010 DEAN HEWES 14201 HIBISCUS CT APPLE VALLEY, MN 55124 0420142016 GARDENVIEW PLACE 2ND $201.14 01-28951-01-090 LUIGI GUY CASTIN 14216 HIBISCUS CT APPLE VALLEY, MN 55124 0420142164 GARDENVIEW PLACE 2ND $366.37 01-31000-05-110 DAVID J GARDNER 13596 FAIRLAWN AVE APPLE VALLEY, MN 55124 0685135968 GREENLEAF $291.51 01-31000-05-150 HEATHER KAUCHMAN 6945 137TH CT W APPLE VALLEY, MN 55124 0820069452 GREENLEAF $325.55 01-31000-05-280 KEVIN KRAUS 6972 137TH CT W APPLE VALLEY, MN 55124 0820069726 GREENLEAF $193.26 01-31000-05-310 BRYAN R SCHROEDER 13722 FAIRLAWN AVE APPLE VALLEY, MN 55124 0685137220 GREENLEAF $320.33 01-31000-07-180 DEREK BALSIMO 13734 FORDHAM AVE APPLE VALLEY, MN 55124 0724137348 GREENLEAF $277.36 01-31001-02-050 CHRIS AYMOND 13422 FLAGSTAFF AVE APPLE VALLEY, MN 55124 0715134221 GREENLEAF 2ND $263.32 01-31001-03-050 ERIC SALO 13426 FLORIDA CT APPLE VALLEY, MN 55124 0718134269 GREENLEAF 2ND $123.78 01-31001-04-140 PAUL BRILES 6681 134TH ST W APPLE VALLEY, MN 55124 0808066819 GREENLEAF 2ND $322.99 01-31001-04-150 AARON UTZ 6671 134TH ST W APPLE VALLEY, MN 55124 0808066611 GREENLEAF 2ND $162.18 01-31001-06-100 ANDREA GETMAN 6905 133RD ST W APPLE VALLEY, MN 55124 0799069053 GREENLEAF 2ND $268.78 01-31001-06-120 DAMIEN ROSSI 6925 133RD CT W APPLE VALLEY, MN 55124 0796069254 GREENLEAF 2ND $276.16 01-31001-06-180 JOANNE E PHILHOWER-HIRNER 6991 133RD ST W APPLE VALLEY, MN 55124 0799069913 GREENLEAF 2ND $244.19 01-31001-10-130 STEVE ODEGARD 13325 FORDHAM AVE APPLE VALLEY, MN 55124 0724133255 GREENLEAF 2ND $384.12 01-31001-10-270 KIRK DECOVICH 13380 FAIRLAWN CT APPLE VALLEY, MN 55124 0688133804 GREENLEAF 2ND $366.03 01-31002-01-020 DANIEL WEBB 6469 134TH ST W APPLE VALLEY, MN 55124 0808064699 GREENLEAF 3RD $209.52 01-31003-01-020 DARRELL LINDQUIST 13501 FINDLAY AVE APPLE VALLEY, MN 55124 0706135013 GREENLEAF 4TH $255.85 01-31003-01-050 RHONDA KUKLOCK 13549 FINDLAY AVE APPLE VALLEY, MN 55124 0706135492 GREENLEAF 4TH $462.09 01-31003-04-070 TODD COUNTERS 13660 FINDLAY AVE APPLE VALLEY, MN 55124 0706136607 GREENLEAF 4TH $238.08 01-31003-11-180 DEUTSCHE BANK NATL 13625 FERNANDO AVE APPLE VALLEY, MN 55124 0691136257 GREENLEAF 4TH $255.42 01-31003-11-330 GREGORY W SMITH 13412 FERRIS AVE APPLE VALLEY, MN 55124 0697134124 GREENLEAF 4TH $131.92 01-31003-13-040 TYLER HALVORSON 13235 FERRIS AVE APPLE VALLEY, MN 55124 0697132359 GREENLEAF 4TH $268.21 01-31004-03-020 ADAM WESTENBERG 12988 FINDLAY WAY APPLE VALLEY, MN 55124 0712129885 GREENLEAF 5TH $173.70 01-31004-03-090 CARRIE KUNTZ 13053 FINDLAY AVE APPLE VALLEY, MN 55124 0706130535 GREENLEAF 5TH $343.20 01-31004-04-200 JOSEPH PLAN 13106 FINDLAY WAY APPLE VALLEY, MN 55124 0712131063 GREENLEAF 5TH $190.64 01-31004-05-090 DAVE DESUTTER 13144 FINDLAY AVE APPLE VALLEY, MN 55124 0706131442 GREENLEAF 5TH $319.48 Page 3 of 7 PID Name Address CityStateZip Account #Plat_Name Amount Exhibit B Resolution Number 2018- Delinquent Utility Accounts Assessment #653 01-31004-05-340 RONALD E HART 13041 FINCH WAY APPLE VALLEY, MN 55124 0703130413 GREENLEAF 5TH $540.13 01-31004-05-370 RICHARD FRANSON 12981 FINCH WAY APPLE VALLEY, MN 55124 0703129811 GREENLEAF 5TH $305.94 01-31005-06-020 DAWN DEGROTE 13560 EVEREST AVE APPLE VALLEY, MN 55124 0673135608 GREENLEAF 6TH $223.10 01-31005-06-080 KRISTEN WERDICK 13630 EVEREST AVE APPLE VALLEY, MN 55124 0673136309 GREENLEAF 6TH $167.30 01-31005-08-140 LAURA SANDEN 13471 EVELETH WAY APPLE VALLEY, MN 55124 0672134719 GREENLEAF 6TH $346.81 01-31006-05-020 KATIE IVEY 13821 EVELETH CT APPLE VALLEY, MN 55124 0670138217 GREENLEAF 7TH $332.21 01-31006-06-100 MICHAEL D KERN 5668 139TH STREET CT W APPLE VALLEY, MN 55124 0832056687 GREENLEAF 7TH $400.77 01-31006-06-120 JAMES A DILLY 5648 139TH STREET CT W APPLE VALLEY, MN 55124 0832056489 GREENLEAF 7TH $320.95 01-31006-06-130 MICHAEL JONES 5642 139TH STREET CT W APPLE VALLEY, MN 55124 0832056422 GREENLEAF 7TH $381.86 01-31006-06-170 RYAN J KOS 5671 139TH STREET CT W APPLE VALLEY, MN 55124 0832056711 GREENLEAF 7TH $524.87 01-31006-07-010 AMANDA SACHI 5641 138TH ST W APPLE VALLEY, MN 55124 0826056412 GREENLEAF 7TH $266.93 01-31007-05-140 GARY L STECKMAN 5536 133RD STREET CT W APPLE VALLEY, MN 55124 0797055369 GREENLEAF 8TH $352.76 01-31008-04-070 NATHAN R MILLER 13037 EUCLID AVE APPLE VALLEY, MN 55124 0665130377 GREENLEAF 9TH $181.50 01-31008-06-060 BARRY JOHNSON 13064 EVELETH AVE APPLE VALLEY, MN 55124 0671130643 GREENLEAF 9TH $293.70 01-31008-07-160 DONAE STURDIVANT 13025 EVELETH AVE APPLE VALLEY, MN 55124 0671130254 GREENLEAF 9TH $177.60 01-31008-08-110 CHAD NACHTIGAL 13003 EVEREST AVE APPLE VALLEY, MN 55124 0673130039 GREENLEAF 9TH $177.60 01-31008-10-060 KELLY ROOT 5810 130TH STREET CT W APPLE VALLEY, MN 55124 0780058107 GREENLEAF 9TH $379.19 01-31009-02-100 BRIAHNA MERRITT 13045 FERNANDO AVE APPLE VALLEY, MN 55124 0691130458 GREENLEAF 10TH $328.94 01-31010-01-100 STEVEN FRANKE 14100 ENSLEY CT APPLE VALLEY, MN 55124 0656141003 GREENLEAF 11TH $353.87 01-31010-01-700 CHRISTOPHER UNZEN 5001 142ND PATH W APPLE VALLEY, MN 55124 0840050011 GREENLEAF 11TH $125.24 01-31010-02-020 KAYLA HARRIS 5334 142ND PATH W APPLE VALLEY, MN 55124 0840053346 GREENLEAF 11TH $109.52 01-31010-02-060 RICHARD C SMITH 5276 142ND PATH W APPLE VALLEY, MN 55124 0840052769 GREENLEAF 11TH $302.19 01-31010-03-020 JOSEPH DEMARCO 5162 142ND PATH W APPLE VALLEY, MN 55124 0840051621 GREENLEAF 11TH $202.65 01-31010-03-100 MARGARET LEIPNITZ 5038 142ND PATH W APPLE VALLEY, MN 55124 0840050383 GREENLEAF 11TH $317.98 01-31011-03-050 DEKEK HOOKOM 4681 141ST ST W APPLE VALLEY, MN 55124 0842046819 GREENLEAF 12TH $483.00 01-31011-05-270 CHRISTOPHER BRIDGEMAN 4727 142ND ST W APPLE VALLEY, MN 55124 0844047278 GREENLEAF 12TH $118.38 01-31100-01-010 DAVID SODERGREN 7093 146TH ST W APPLE VALLEY, MN 55124 0862070939 GREENLEAF TOWNHOUSES $304.96 01-31100-03-030 RESIDENT 7029 146TH STREET CT W APPLE VALLEY, MN 55124 0865070290 GREENLEAF TOWNHOUSES $149.00 01-31100-04-050 THOMAS BACKUS 7013 146TH STREET CT W APPLE VALLEY, MN 55124 0865070134 GREENLEAF TOWNHOUSES $263.30 01-31101-01-010 RYAN VIKANDER 7403 142ND STREET CT W APPLE VALLEY, MN 55124 0841074036 GREENLEAF TOWNHOUSES 2ND $226.38 01-31101-02-070 RESIDENT 7421 142ND STREET CT W APPLE VALLEY, MN 55124 0841074218 GREENLEAF TOWNHOUSES 2ND $298.13 01-31101-05-010 DOUGLAS MILLER 7481 142ND STREET CT W APPLE VALLEY, MN 55124 0841074812 GREENLEAF TOWNHOUSES 2ND $257.52 01-31102-02-010 KUMAR IMRIT 7429 143RD STREET CT W APPLE VALLEY, MN 55124 0853074296 GREENLEAF TOWNHOUSES 3RD $100.00 01-31102-09-020 MAN FUNG LAU 7368 143RD STREET CT W APPLE VALLEY, MN 55124 0853073686 GREENLEAF TOWNHOUSES 3RD $241.11 01-31102-09-040 LING ZHOU 7364 143RD STREET CT W APPLE VALLEY, MN 55124 0853073645 GREENLEAF TOWNHOUSES 3RD $294.74 01-31105-01-020 STEVEN GENRICH 13503 EVELETH WAY APPLE VALLEY, MN 55124 0672135039 GREENLEAF TOWNHOUSES 6TH $215.25 01-31105-07-060 ROBERT ZYCH 13651 EVERTON AVE APPLE VALLEY, MN 55124 0675136513 GREENLEAF TOWNHOUSES 6TH $216.78 01-31800-02-140 GAYLE JOHNSON 13453 GRANADA AVE APPLE VALLEY, MN 55124 0357134531 HALLWOOD HIGHLANDS $254.54 01-31800-02-150 GAIL KRULL 13439 GRANADA AVE APPLE VALLEY, MN 55124 0357134390 HALLWOOD HIGHLANDS $214.61 01-32150-01-005 TAMIKA MWAURA 15725 FOLIAGE AVE APPLE VALLEY, MN 55124 0143157251 HAWTHORNE $275.59 01-32150-01-024 RANY DAJANI 15730 FOX CIR APPLE VALLEY, MN 55124 0187157308 HAWTHORNE $281.88 01-32150-01-045 SABINDRA SHRESTHA 15738 FRANCE WAY APPLE VALLEY, MN 55124 0212157380 HAWTHORNE $369.41 01-32150-01-051 KRYSTAL KARLS 15722 FRANCE WAY APPLE VALLEY, MN 55124 0212157224 HAWTHORNE $432.92 01-32150-01-072 DENNIS MONGOVEN 6717 158TH ST W APPLE VALLEY, MN 55124 0210067177 HAWTHORNE $343.98 01-32150-01-090 SAROJA SUNKAM 15871 FOLIAGE AVE APPLE VALLEY, MN 55124 0143158713 HAWTHORNE $101.16 01-32150-01-096 VANDY HARPER 6748 158TH ST W APPLE VALLEY, MN 55124 0210067482 HAWTHORNE $367.71 01-32150-01-162 ADRIANNE WADE 15715 FREMONT WAY APPLE VALLEY, MN 55124 0158157154 HAWTHORNE $217.36 01-32150-01-171 MICHELLE KELVIE 15743 FREMONT WAY APPLE VALLEY, MN 55124 0158157436 HAWTHORNE $167.23 01-32151-01-010 SUSAN RICE 6889 158TH ST W APPLE VALLEY, MN 55124 0210068894 HAWTHORNE 2ND $152.92 01-32151-01-089 CHANDA JOYNER 15870 FRISIAN LN APPLE VALLEY, MN 55124 0159158706 HAWTHORNE 2ND $178.26 01-32151-01-101 HIBAT SHARIF 15822 FRISIAN LN APPLE VALLEY, MN 55124 0159158227 HAWTHORNE 2ND $466.41 01-32151-01-102 IDMAN OMAR 15818 FRISIAN LN APPLE VALLEY, MN 55124 0159158185 HAWTHORNE 2ND $260.61 01-32152-01-040 JAMES LEE WILSON 15708 FRISIAN LN APPLE VALLEY, MN 55124 0159157088 HAWTHORNE 3RD $388.51 01-32152-02-020 ASHLEY A NANDLALL 15720 FRISIAN LN APPLE VALLEY, MN 55124 0159157203 HAWTHORNE 3RD $353.07 01-32200-01-060 DAVID SCHWARZ 13961 DULUTH CT APPLE VALLEY, MN 55124 0639139611 HAZELWOOD ESTATES $397.02 01-32250-01-030 JOSEPH KAMARA 12817 DOVER DR APPLE VALLEY, MN 55124 0640128173 HEARTSTONE $239.55 01-32403-01-070 LAWRENCE ANDERSON 13140 HALLMARK CT APPLE VALLEY, MN 55124 0527131409 HERITAGE HILLS 3RD $270.27 01-32405-01-030 RANDY LOEBRICK 13220 HANNOVER AVE APPLE VALLEY, MN 55124 0523132203 HERITAGE HILLS 6TH $360.38 01-32801-01-070 FELONISE PITCHFORD 12815 GERMANE AVE APPLE VALLEY, MN 55124 0757128156 HIDDEN PONDS 2ND $214.75 01-32801-01-080 FELONISE PITCHFORD 12817 GERMANE AVE APPLE VALLEY, MN 55124 0757128172 HIDDEN PONDS 2ND $201.31 01-33800-02-080 LISA LEON 12888 FROST POINT WAY APPLE VALLEY, MN 55124 0877263518 HUNTER FORREST $194.75 01-33850-02-150 AIMEE L WHITMORE 12534 DOVER DR APPLE VALLEY, MN 55124 0640125344 HUNTERS RIDGE $197.74 01-33901-03-050 SHANNON LUPIAN 8730 HUNTERS WAY APPLE VALLEY, MN 55124 0541087306 HIDDEN PONDS 2ND $171.24 01-33903-01-030 JAMES REX 8521 PALOMINO DR APPLE VALLEY, MN 55124 0537085215 HUNTERS WOOD 4TH $209.62 01-34000-01-060 FELICIA BANNERJEE 8835 HUNTERS WAY APPLE VALLEY, MN 55124 0541088353 HUNTERS WOOD TOWNHOMES $162.10 01-34150-01-020 TRACY MCCOY 12555 DRIFTWOOD LN APPLE VALLEY, MN 55124 0642125557 HUNTINGTON $80.74 01-34150-01-080 BRYAN DORNSTREICH 12585 DRIFTWOOD CT APPLE VALLEY, MN 55124 0642125854 HUNTINGTON $263.94 01-34150-02-110 CHRIS DAMLO 12644 DRIFTWOOD LN APPLE VALLEY, MN 55124 0642126449 HUNTINGTON $373.24 01-34150-04-130 JOEL ZYLSTRA 12790 DURHAM WAY APPLE VALLEY, MN 55124 0635127909 HUNTINGTON $124.69 01-34152-02-110 VICTOR JORDAN 12780 EDINBROOK PATH APPLE VALLEY, MN 55124 0620127807 HUNTINGTON 3RD $250.00 01-34153-01-090 RANDY SPRING 12620 EDINBOROUGH CIR APPLE VALLEY, MN 55124 0619126208 HUNTINGTON 4TH $181.97 01-34154-01-130 JEREMY WEESTRAND 12779 EMMER PL APPLE VALLEY, MN 55124 0623127796 HUNTINGTON 5TH $370.49 01-34500-01-310 MELISSA J FOSSUM 15901 HYLAND POINTE CT APPLE VALLEY, MN 55124 0059159010 HYLAND POINTE SHORES $411.66 01-34501-01-070 JEFF DIERKERS 15986 HYLAND POINTE CT APPLE VALLEY, MN 55124 0059159861 HYLAND POINTE SHORES 2ND $188.85 01-38950-01-010 AMY MULLENBACH 13205 FLAGSTAFF AVE APPLE VALLEY, MN 55124 0877262448 JOLENE ADDITION $377.14 01-40950-01-040 ATSEDE GEBREMEDHIN GUANJE 14240 GARDEN VIEW DR APPLE VALLEY, MN 55124 0354142404 K & G 1ST ADDN $164.55 Page 4 of 7 PID Name Address CityStateZip Account #Plat_Name Amount Exhibit B Resolution Number 2018- Delinquent Utility Accounts Assessment #653 01-40950-01-090 RESIDENT 14250 GARDEN VIEW DR APPLE VALLEY, MN 55124 0354142503 K & G 1ST ADDN $362.49 01-40950-01-100 DAVID DODD 8497 142ND ST W APPLE VALLEY, MN 55124 0576084970 K & G 1ST ADDN $326.74 01-44200-01-020 KEN CARLSON 15813 GARDEN VIEW DR APPLE VALLEY, MN 55124 0034158137 LAC LAVON SHORES $330.63 01-45800-03-270 KIM K ANDERSON 15697 HAYES TRL APPLE VALLEY, MN 55124 0042156974 LONGRIDGE $172.56 01-45800-03-370 DANIEL JAY BROMENSCHENKEL 8353 157TH ST W APPLE VALLEY, MN 55124 0208083533 LONGRIDGE $240.09 01-45800-04-050 BOBBI JO ANDERSEN 15625 HEYWOOD WAY APPLE VALLEY, MN 55124 0045156252 LONGRIDGE $504.37 01-45800-05-020 DIRK WALTON 8461 156TH STREET CT W APPLE VALLEY, MN 55124 0205084617 LONGRIDGE $348.71 01-45800-05-190 TIMOTHY HAUSER 15669 HEYWOOD CT APPLE VALLEY, MN 55124 0044156691 LONGRIDGE $747.31 01-45801-01-070 CLAYTON BAER 15721 HEYWOOD CT APPLE VALLEY, MN 55124 0044157210 LONGRIDGE 2ND $371.53 01-45801-01-130 CHARLES YOUNG 15757 HEYWOOD CT APPLE VALLEY, MN 55124 0044157574 LONGRIDGE 2ND $212.97 01-45801-01-150 TIMOTHY R NELSON 15769 HEYWOOD CT APPLE VALLEY, MN 55124 0044157699 LONGRIDGE 2ND $353.21 01-45801-01-170 AMANDA LYNCH 15777 HAYES TRL APPLE VALLEY, MN 55124 0042157774 LONGRIDGE 2ND $303.36 01-45801-02-070 ERIC C ROE 15872 HAYES TR CT APPLE VALLEY, MN 55124 0042158723 LONGRIDGE 2ND $446.53 01-45801-03-140 GLENN SPRINGER 15757 HAYES TRL APPLE VALLEY, MN 55124 0042157576 LONGRIDGE 2ND $273.38 01-45801-03-600 RESIDENT 15743 HERSHEY CT APPLE VALLEY, MN 55124 0048157430 LONGRIDGE 2ND $323.60 01-45801-05-060 JIM BUCKLEY 8084 157TH ST W APPLE VALLEY, MN 55124 0208080844 LONGRIDGE 2ND $167.23 01-45801-06-200 DANA OLSON 15839 HARMONY WAY CT APPLE VALLEY, MN 55124 0039158397 LONGRIDGE 2ND $186.74 01-45801-07-020 JEANINE JOHNSON 15890 HARMONY WAY APPLE VALLEY, MN 55124 0039158900 LONGRIDGE 2ND $328.36 01-47175-01-020 ROBERT TYLER 13872 GLENDALE CT APPLE VALLEY, MN 55124 0630138729 MAJESTIC RIDGE $189.30 01-48200-01-060 DON CARMAN 12785 ETHELTON WAY APPLE VALLEY, MN 55124 0678127857 MEADOWLARK GLEN $140.48 01-48845-07-020 MICHAEL JESME 14513 EUREKA CT APPLE VALLEY, MN 55124 0692145133 MISTWOOD $292.63 01-49100-02-100 PAUL ROGNEBY 7970 HALLMARK WAY APPLE VALLEY, MN 55124 0023079708 MORNINGVIEW $155.96 01-49100-02-220 PHILLIP RENGEL 15615 HALLMARK PATH APPLE VALLEY, MN 55124 0015156159 MORNINGVIEW $387.73 01-49101-05-040 TRICIA JOHNSON 7761 157TH ST W APPLE VALLEY, MN 55124 0208077618 MORNINGVIEW 2ND $398.18 01-49101-19-030 PROPHESE FUENTES 7708 157TH ST W APPLE VALLEY, MN 55124 0208077089 MORNINGVIEW 2ND $300.57 01-49101-20-030 LAVIVIAN WESLEY 7712 157TH ST W APPLE VALLEY, MN 55124 0208077121 MORNINGVIEW 2ND $190.77 01-49101-21-020 KAREEN MCINTYRE 7736 157TH ST W APPLE VALLEY, MN 55124 0208077360 MORNINGVIEW 2ND $149.84 01-49102-01-040 HAGAN LEROY 7760 157TH ST W APPLE VALLEY, MN 55124 0208077600 MORNINGVIEW 3RD $220.75 01-49102-15-040 ERIN SMILANICH 15831 GRIFFON PATH APPLE VALLEY, MN 55124 0054158314 MORNINGVIEW 3RD $290.70 01-49102-17-030 ANNE M KNOWLES 15861 GRIFFON PATH APPLE VALLEY, MN 55124 0054158611 MORNINGVIEW 3RD $367.28 01-49102-18-020 BLAKE TAYLOR 15875 GRIFFON PATH APPLE VALLEY, MN 55124 0054158751 MORNINGVIEW 3RD $109.25 01-49102-21-040 JENNIFER MILLER 15895 GRIFFON PATH APPLE VALLEY, MN 55124 0054158959 MORNINGVIEW 3RD $127.46 01-49103-04-020 THUY JONES 15816 GRIFFON PATH APPLE VALLEY, MN 55124 0054158165 MORNINGVIEW 4TH $267.75 01-49103-13-030 SAMANTHA URBAN 15959 GRANADA AVE APPLE VALLEY, MN 55124 0011159595 MORNINGVIEW 4TH $368.49 01-49104-03-030 JASON N GLASS 15940 GRANADA AVE APPLE VALLEY, MN 55124 0011159405 MORNINGVIEW 5TH $382.30 01-49105-01-150 MICHAEL WALTERS 15775 HANNOVER PATH APPLE VALLEY, MN 55124 0012157754 MORNINGVIEW 6TH $328.44 01-49105-03-070 MICHAEL HAFERMANN 15770 HALLMARK PATH APPLE VALLEY, MN 55124 0015157702 MORNINGVIEW 6TH $251.88 01-49106-01-510 ANTHONY WELIN 15899 GOOSEBERRY WAY APPLE VALLEY, MN 55124 0111158992 MORNINGVIEW 7TH $386.85 01-49108-01-030 VINCENT AGUIRRE 7618 157TH ST W APT C APPLE VALLEY, MN 55124 0208076198 MORNINGVIEW 9TH $241.83 01-52000-02-060 MIKE PRESLEY 6580 132ND ST W APPLE VALLEY, MN 55124 0790065803 NORDIC WOODS $224.44 01-52001-01-040 KIM KNIGHT 13194 FOLIAGE AVE APPLE VALLEY, MN 55124 0721131948 NORDIC WOODS 2ND $438.70 01-52001-01-090 DUWAYNE MEYER 13166 FLORAL CT APPLE VALLEY, MN 55124 0680131665 NORDIC WOODS 2ND $349.91 01-52002-02-010 DANIEL D WALLENTA 13050 FLAGSTAFF AVE APPLE VALLEY, MN 55124 0715130500 NORDIC WOODS 3RD $253.66 01-52004-03-090 JODEE JONES 6674 129TH ST W APPLE VALLEY, MN 55124 0785066741 NORDIC WOODS 5TH $293.89 01-53500-02-010 SAM MATASI 7426 GERMANE TRL APPLE VALLEY, MN 55124 0760074264 OAK RIDGE PARK $315.40 01-53500-04-040 CASEY KANTER 7478 GERMANE TRL APPLE VALLEY, MN 55124 0760074785 OAK RIDGE PARK $208.08 01-53500-05-010 LEE LYN BLAKE 7492 GERMANE TRL APPLE VALLEY, MN 55124 0760074926 OAK RIDGE PARK $273.38 01-54500-01-130 TODD NOVAK 13284 GEORGIA DR APPLE VALLEY, MN 55124 0877262213 OAK RIDGE PARK $206.23 01-56501-02-010 COLEEN CARLSON 13372 HUMMINGBIRD DR APPLE VALLEY, MN 55124 0440133722 PALOMINO CLIFFS 2ND $332.08 01-56600-01-030 SEAN WALKER 366 CIMARRON RD APPLE VALLEY, MN 55124 0528003664 PALOMINO HILLS $400.55 01-56600-02-020 PAUL ANOZIE 403 CIMARRON RD APPLE VALLEY, MN 55124 0528004035 PALOMINO HILLS $320.86 01-56602-02-140 MARY JANE RODRIGUEZ 110 PONY LN E APPLE VALLEY, MN 55124 0540001100 PALOMINO HILLS 3RD $393.16 01-56603-01-170 AIDA RABELO 121 CHAPARRAL DR APPLE VALLEY, MN 55124 0519001214 PALOMINO HILLS 4TH $233.18 01-56603-01-200 ROGER KINGSLEY 127 CHAPARRAL DR APPLE VALLEY, MN 55124 0519001271 PALOMINO HILLS 4TH $163.22 01-56603-05-010 SAMAANA RIZVI 99 HIDDEN MEADOW RD APPLE VALLEY, MN 55124 0534000993 PALOMINO HILLS 4TH $433.10 01-56603-06-160 NATHAN MACHO 106 CIMARRON CIR APPLE VALLEY, MN 55124 0522001060 PALOMINO HILLS 4TH $459.32 01-56606-01-100 RESIDENT 8414 134TH STREET CT W APPLE VALLEY, MN 55124 0582084147 PALOMINO HILLS 7TH $74.48 01-56650-05-080 JAY HANSEN 413 REFLECTION RD APPLE VALLEY, MN 55124 0567004136 PALOMINO HILLS LAKESHORE $294.76 01-56700-01-070 KEVIN DEE 109 CIMARRON CT APPLE VALLEY, MN 55124 0525001091 PALOMINO HILLS REPLAT $333.93 01-56722-01-020 RESIDENT 13952 HOLYOKE CT APPLE VALLEY, MN 55124 0370139525 PALOMINO LAKESIDE MEADOWS 3RD $343.80 01-56722-01-020 ANNE WEGSCHEIDER 13954 HOLYOKE CT APPLE VALLEY, MN 55124 0370139541 PALOMINO LAKESIDE MEADOWS 3RD $224.44 01-56722-01-040 MELISSA LAWLER 13972 HOLYOKE CT APPLE VALLEY, MN 55124 0370139723 PALOMINO LAKESIDE MEADOWS 3RD $791.51 01-56722-02-020 ANTONIO TAYLOR 13943 HOLYOKE CT APPLE VALLEY, MN 55124 0370139434 PALOMINO LAKESIDE MEADOWS 3RD $416.31 01-56723-01-140 RESIDENT 13820 HOLYOKE LN APPLE VALLEY, MN 55124 0365138201 PALOMINO LAKESIDE MEADOWS 4TH $808.51 01-56723-01-180 NATHAN BRAUN 13812 HOLYOKE LN APPLE VALLEY, MN 55124 0365138128 PALOMINO LAKESIDE MEADOWS 4TH $319.99 01-56775-02-220 MEGAN HENDERSON 13585 HENNA AVE APPLE VALLEY, MN 55124 0547135851 PALOMINO WOODS $331.25 01-56775-04-100 ALFRED SESAY 13620 HAVELOCK TRL APPLE VALLEY, MN 55124 0533136202 PALOMINO WOODS $466.78 01-56775-05-070 SCOTT CAMPBELL 13669 HARMONY WAY APPLE VALLEY, MN 55124 0361136696 PALOMINO WOODS $367.88 01-56775-05-140 MICHAEL FLOYD 13670 HARWELL PATH APPLE VALLEY, MN 55124 0520136702 PALOMINO WOODS $244.53 01-56775-06-360 LINDSEY DEMING 13756 HANOVER WAY APPLE VALLEY, MN 55124 0521137568 PALOMINO WOODS $160.54 01-56775-09-020 RESIDENT 13902 HERALD WAY APPLE VALLEY, MN 55124 0362139020 PALOMINO WOODS $253.05 01-56775-10-110 KATHERINE HEALD 8354 140TH ST W APPLE VALLEY, MN 55124 0570083549 PALOMINO WOODS $264.30 01-56775-10-120 WILLIAM GRANGER 8356 140TH ST W APPLE VALLEY, MN 55124 0570083564 PALOMINO WOODS $311.27 01-56775-11-150 DARREN J LIETZAU 14096 HEYWOOD PATH APPLE VALLEY, MN 55124 0366140966 PALOMINO WOODS $297.81 01-57050-01-090 COLLEEN WEHMHOFF 14388 PENNOCK AVE APPLE VALLEY, MN 55124 0386143883 PENNOCK SHORES $303.41 01-57052-01-040 ANNE JOYCE 14439 GLENDA DR APPLE VALLEY, MN 55124 0352144394 PENNOCK SHORES 3RD $282.35 Page 5 of 7 PID Name Address CityStateZip Account #Plat_Name Amount Exhibit B Resolution Number 2018- Delinquent Utility Accounts Assessment #653 01-57500-01-100 RICK FOLGER 14343 EMBRY PATH APPLE VALLEY, MN 55124 0032143438 PENNOCK SHORES $411.25 01-57503-02-050 TIM ABBOTT 14342 EBONY LN APPLE VALLEY, MN 55124 0625143429 PENNOCK SHORES 4TH $335.76 01-57506-01-050 KATHERINE COLLINS 14384 EMPIRE AVE APPLE VALLEY, MN 55124 0104143845 PENNOCK SHORES 7TH $272.47 01-57506-01-220 JAMES HOLMES 14334 EMPIRE AVE APPLE VALLEY, MN 55124 0104143340 PENNOCK SHORES 7TH $402.82 01-57506-02-020 KESHIA BRUMS 14318 EMPIRE AVE APPLE VALLEY, MN 55124 0104143183 PENNOCK SHORES 7TH $155.19 01-57506-02-110 MARY GLOVER 14300 EMPIRE AVE APPLE VALLEY, MN 55124 0104143001 PENNOCK SHORES 7TH $286.49 01-57508-01-280 JASON ALZHEIMER 14353 ESTATES AVE APPLE VALLEY, MN 55124 0112143530 PENNOCK SHORES 9TH $305.55 01-57600-01-090 KEVIN MELLON 13515 ELKWOOD DR APPLE VALLEY, MN 55124 0664135153 PILOT POND $227.45 01-57651-01-110 LAMPHONE SAENGSOURIYA 12713 EVELETH PATH APPLE VALLEY, MN 55124 0671127136 PINECREST 2ND $424.30 01-57675-01-070 ALMINA DEES 5609 126TH ST W APPLE VALLEY, MN 55124 0777056098 PINECREST TOWNHOMES $142.98 01-57675-01-130 LYNN ALLISON 5541 126TH ST W APPLE VALLEY, MN 55124 0777055413 PINECREST TOWNHOMES $117.25 01-57675-01-300 ALISON NAILL 5657 126TH ST W APPLE VALLEY, MN 55124 0777056577 PINECREST TOWNHOMES $255.27 01-61601-01-020 ERIK EDSTROM 6085 158TH CT W APPLE VALLEY, MN 55124 0877264418 QUARRY PONDS 2ND $141.18 01-63300-02-020 ANDREA BUCKNER 13098 HERALD CIR APPLE VALLEY, MN 55124 0364130985 PALOMINO HILLS 6TH ADDN REPLAT $321.20 01-63300-02-140 BRADLEY KRAGNESS 13050 HERALD CIR APPLE VALLEY, MN 55124 0364130506 PALOMINO HILLS 6TH ADDN REPLAT $250.21 01-63400-03-270 NICK JENSEN 15676 FJORD AVE APPLE VALLEY, MN 55124 0138156763 REGATTA $131.40 01-63400-03-360 BRADLEY SOLEM 15694 FINEWOOD CT APPLE VALLEY, MN 55124 0132156942 REGATTA $298.51 01-63400-20-120 REGATTA COURTHOME RENTALS15899 FJORD AVE APPLE VALLEY, MN 55124 0138158991 REGATTA $2,277.49 01-63401-01-010 REGATTA COURTHOME RENTALS6374 158TH ST W APPLE VALLEY, MN 55124 0210063747 REGATTA 2ND $2,617.81 01-63401-01-030 REGATTA COURTHOME RENTALS6390 158TH ST W APPLE VALLEY, MN 55124 0210063903 REGATTA 2ND $3,250.71 01-63401-29-160 COREY G THOMPSON 15570 FINCH AVE APPLE VALLEY, MN 55124 0127155701 REGATTA 2ND $212.79 01-63401-29-200 CHERYL COOPER 15578 FINCH AVE APPLE VALLEY, MN 55124 0127155784 REGATTA 2ND $1,670.85 01-63402-29-020 REHAN A KHAN 15645 FLOAT CT APPLE VALLEY, MN 55124 0167156452 REGATTA 3RD $172.61 01-64500-01-210 CHARLES BRADY 13363 HUNTINGTON CIR APPLE VALLEY, MN 55124 0544133636 RODE'O HILLS $131.11 01-64600-01-020 RONALD VOSS 14259 DRAKE PATH APPLE VALLEY, MN 55124 0610142592 ROLLING RIDGE $405.15 01-64600-02-060 KENNETH BOEHM 14295 DRAKE PATH APPLE VALLEY, MN 55124 0610142956 ROLLING RIDGE $348.32 01-64600-04-070 ERIC W ANDERSON 14405 DRUMLIN CT APPLE VALLEY, MN 55124 0611144050 ROLLING RIDGE $371.09 01-66200-01-070 DAVID BRUNI 7197 131ST CIR W APPLE VALLEY, MN 55124 0788071979 SALEM WOOD ADDN $394.20 01-66500-03-070 RICHARD TENGWALL 13826 GLADIOLA WAY APPLE VALLEY, MN 55124 0766138261 SCOTT HIGHLANDS $329.00 01-66500-04-070 CAROLINE RYDER 13935 GAUNTLET CT APPLE VALLEY, MN 55124 0751139357 SCOTT HIGHLANDS $180.01 01-66500-04-090 ANDREW EVERT 7220 UPPER 139TH ST W APPLE VALLEY, MN 55124 0838072209 SCOTT HIGHLANDS $244.40 01-66500-04-230 STEWART GOODMAN 13968 GLAZIER CT APPLE VALLEY, MN 55124 0772139683 SCOTT HIGHLANDS $292.93 01-66501-02-050 GRACE RENTAL PROPERTY LLC 14135 GARRETT AVE APPLE VALLEY, MN 55124 0748141359 SCOTT HIGHLANDS 2ND $120.52 01-66501-02-310 CHRISTOPHER MCCARGAR 14113 GLAZIER AVE APPLE VALLEY, MN 55124 0769141130 SCOTT HIGHLANDS 2ND $336.81 01-66501-03-070 CHAD ZAUN 14184 GLAZIER AVE APPLE VALLEY, MN 55124 0769141841 SCOTT HIGHLANDS 2ND $356.16 01-66501-05-020 JEFFREY C SCHNEIDER 7220 142ND ST W APPLE VALLEY, MN 55124 0844072201 SCOTT HIGHLANDS 2ND $440.20 01-66502-06-070 DANNIA EDWARDS 7040 UPPER 143RD CT W APPLE VALLEY, MN 55124 0847070400 SCOTT HIGHLANDS 3RD $355.99 01-66502-06-080 GEORGE BAKALOV 7036 UPPER 143RD CT W APPLE VALLEY, MN 55124 0847070368 SCOTT HIGHLANDS 3RD $316.89 01-66503-02-050 JODY OFTEDAHL 14421 GANNON WAY APPLE VALLEY, MN 55124 0742144219 SCOTT HIGHLANDS 4TH $132.74 01-66503-03-010 CHAD ZUELOW 14347 GARLAND AVE APPLE VALLEY, MN 55124 0745143473 SCOTT HIGHLANDS 4TH $282.88 01-66503-03-200 MIKE J MCCORMICK 14400 GARRETT AVE APPLE VALLEY, MN 55124 0748144007 SCOTT HIGHLANDS 4TH $671.93 01-66503-04-150 FATIMA JAMA 7245 144TH CT W APPLE VALLEY, MN 55124 0856072453 SCOTT HIGHLANDS 4TH $277.13 01-66503-06-060 JEFFREY NIVALA 7118 145TH ST W APPLE VALLEY, MN 55124 0859071189 SCOTT HIGHLANDS 4TH $102.16 01-66503-06-180 JAMIE ANDERSON 7105 146TH ST W APPLE VALLEY, MN 55124 0862071051 SCOTT HIGHLANDS 4TH $428.42 01-66503-07-010 MICHELE KAMPS 7090 146TH ST W APPLE VALLEY, MN 55124 0862070905 SCOTT HIGHLANDS 4TH $280.75 01-66700-02-040 SCOTT A FRIEDLAND 5900 142ND ST W APPLE VALLEY, MN 55124 0844059000 SCOTTSBRIAR $481.02 01-66700-04-140 EDWIN SANCHEZ CAASTILLO 14393 EUROPA AVE APPLE VALLEY, MN 55124 0634143931 SCOTTSBRIAR $503.70 01-66700-05-070 RICHARD CONOVER 5716 142ND ST W APPLE VALLEY, MN 55124 0844057160 SCOTTSBRIAR $298.15 01-66700-05-100 ABU HASAN 5754 142ND ST W APPLE VALLEY, MN 55124 0844057541 SCOTTSBRIAR $328.75 01-66700-05-270 JOHN KENDRICK 5691 143RD ST W APPLE VALLEY, MN 55124 0850056916 SCOTTSBRIAR $341.05 01-66700-06-020 JASON CRESS 14314 EUCLID AVE APPLE VALLEY, MN 55124 0665143149 SCOTTSBRIAR $313.88 01-66700-06-070 AMANDA MOBERG 14356 EUCLID AVE APPLE VALLEY, MN 55124 0665143560 SCOTTSBRIAR $188.05 01-66700-06-110 STEVEN WALL 14388 EUCLID AVE APPLE VALLEY, MN 55124 0665143883 SCOTTSBRIAR $372.37 01-66700-07-150 PATRICK SAMUELSON 5647 144TH ST W APPLE VALLEY, MN 55124 0857056471 SCOTTSBRIAR $315.51 01-66700-07-180 KENDRA STOVER 14377 EUCLID AVE APPLE VALLEY, MN 55124 0665143776 SCOTTSBRIAR $75.45 01-66700-08-030 RESIDENT 5718 144TH ST W APPLE VALLEY, MN 55124 0857057180 SCOTTSBRIAR $297.92 01-66701-01-090 WILLIE LUMSON 14431 EXLEY LN APPLE VALLEY, MN 55124 0626144319 SCOTTSBRIAR 2ND $401.07 01-66701-03-140 ROSIE MUNZ 14449 EVEREST AVE APPLE VALLEY, MN 55124 0673144493 SCOTTSBRIAR 2ND $288.46 01-66900-01-100 THOMAS SMITH 12504 EMPRESS CT APPLE VALLEY, MN 55124 0819125042 SEASONS ON THE PARK $196.34 01-73100-02-050 DERIC THAMES 13891 DULUTH DR APPLE VALLEY, MN 55124 0647138910 SUMMERFIELD $174.22 01-73200-02-050 JODINE SEIDL 12556 EVERTON AVE APPLE VALLEY, MN 55124 0675125565 SUNSHINES ESTATES $150.66 01-73200-05-110 STEVE KITTLESON 5855 125TH ST W APPLE VALLEY, MN 55124 0776058558 SUNSHINES ESTATES $175.79 01-75850-03-070 ROBERT RUSH 12925 HIALEAH CT APPLE VALLEY, MN 55124 0524129257 THE HIGHLANDS $349.79 01-75950-01-070 JEANIE LOMBARDI 7880 133RD ST W APPLE VALLEY, MN 55124 0580078802 THE OAKS OF APPLE VALLEY $453.54 01-75950-03-010 THOMAS R NIEDERER 7980 134TH ST W APPLE VALLEY, MN 55124 0583079807 THE OAKS OF APPLE VALLEY $520.28 01-75951-05-030 MARLON CUSH 13705 PENNOCK AVE APPLE VALLEY, MN 55124 0386137059 THE OAKS OF APPLE VALLEY II $281.71 01-76204-01-030 NANCY TSCHIDA 13986 EMBER WAY APPLE VALLEY, MN 55124 0699139865 THE WOODWINDS 5TH $508.52 01-76400-01-130 TOM SAPP 13343 GLENHAVEN CT APPLE VALLEY, MN 55124 0449133434 TIMBER RIDGE TOWNHOMES $407.00 01-76504-01-060 DOROTHY PHILLIPS 7935 UPPER 139TH CT W APPLE VALLEY, MN 55124 0369079351 TIMBERWICK 5TH $463.04 01-76504-01-200 MICHAEL POSSIS 7895 LOWER 139TH CT W APPLE VALLEY, MN 55124 0369078965 TIMBERWICK 5TH $364.61 01-76504-02-180 DAVID A JOHNSON 7755 139TH CT W APPLE VALLEY, MN 55124 0369077553 TIMBERWICK 5TH $398.98 01-76506-01-040 SELAM ABRAHAM 13789 GUILD AVE APPLE VALLEY, MN 55124 0509137895 TIMBERWICK 7TH $250.00 01-76506-01-070 JOHN GRANLUND 13795 GUILD AVE APPLE VALLEY, MN 55124 0509137952 TIMBERWICK 7TH $152.18 01-76508-02-050 AL HILLMANN 13828 GUILD AVE APPLE VALLEY, MN 55124 0509138281 TIMBERWICK 8TH $479.04 01-76900-01-130 DAVE BELL 15263 DUNDEE AVE APPLE VALLEY, MN 55124 0029152632 TOUSIGNANTS PRAIRIE CROSSING $327.95 01-76900-01-220 CHRISTINA A DAVIES 15111 DUTCHESS CT APPLE VALLEY, MN 55124 0068151115 TOUSIGNANTS PRAIRIE CROSSING $237.35 Page 6 of 7 PID Name Address CityStateZip Account #Plat_Name Amount Exhibit B Resolution Number 2018- Delinquent Utility Accounts Assessment #653 01-76900-05-060 JAIREE LOTT CONNER 15125 DUPONT PATH APPLE VALLEY, MN 55124 0120151251 TOUSIGNANTS PRAIRIE CROSSING $289.64 01-76900-05-400 BUNGKYU JUNG 15182 DUPONT PATH APPLE VALLEY, MN 55124 0120151822 TOUSIGNANTS PRAIRIE CROSSING $396.73 01-77000-04-060 DAVID HERNANDEZ 7585 WHITNEY DR APPLE VALLEY, MN 55124 0100075850 TOWNHOUSE 4TH ADDN $401.64 01-77000-07-030 JESSICA CROWLEY 7691 WHITNEY DR APPLE VALLEY, MN 55124 0100076916 TOWNHOUSE 4TH ADDN $239.97 01-77000-08-060 ANTHONY BAHNER 7685 WHITNEY DR APPLE VALLEY, MN 55124 0100076858 TOWNHOUSE 4TH ADDN $152.83 01-77000-09-040 MIGUELALSONSO GARCIASALAS 7719 WHITNEY DR APPLE VALLEY, MN 55124 0100077195 TOWNHOUSE 4TH ADDN $236.54 01-77000-10-020 CARL LARSON 7711 WHITNEY DR APPLE VALLEY, MN 55124 0100077112 TOWNHOUSE 4TH ADDN $191.74 01-77000-11-050 NANCY J CALHOON 7795 WHITNEY DR APPLE VALLEY, MN 55124 0100077955 TOWNHOUSE 4TH ADDN $217.21 01-77000-11-060 DAVE MITTELSTAEDT 7797 WHITNEY DR APPLE VALLEY, MN 55124 0100077971 TOWNHOUSE 4TH ADDN $272.32 01-81301-01-030 THOMAS BURANDT 14189 HEYWOOD PATH APPLE VALLEY, MN 55124 0366141899 VALLEY MEADOWS 2ND $151.18 01-81301-02-090 JOHN ZENDER 14132 HEYWOOD PATH APPLE VALLEY, MN 55124 0366141329 VALLEY MEADOWS 2ND $390.77 01-81320-01-320 MAURICE W YOUNG 12825 GLEN CT APPLE VALLEY, MN 55124 0321128254 VALLEY OAKS TOWNHOMES $215.27 01-81320-02-100 JOSHUA THORSTAD 12853 PENNOCK AVE APPLE VALLEY, MN 55124 0386128538 VALLEY OAKS TOWNHOMES $240.08 01-81325-01-050 SHANNON JOHNSON 14973 EMBER CT APPLE VALLEY, MN 55124 0122149733 VALLEY PINES $263.56 01-81400-01-030 DELMOND HUCK 7381 146TH WAY W APPLE VALLEY, MN 55124 0867073813 VALLEY SOUTH $685.96 01-81400-01-050 WALLY EBERT 7351 146TH WAY W APPLE VALLEY, MN 55124 0867073516 VALLEY SOUTH $234.81 01-81400-01-150 CENEN SANCHEZ 14605 GARRETT AVE APPLE VALLEY, MN 55124 0748146051 VALLEY SOUTH $389.92 01-81400-02-120 ZELALEM KINDE 7335 UPPER 146TH ST W APPLE VALLEY, MN 55124 0864073352 VALLEY SOUTH $408.20 01-81400-02-160 CLARIE GRANT 14650 GLAZIER AVE APPLE VALLEY, MN 55124 0769146501 VALLEY SOUTH $253.75 01-81454-01-070 AMINA OSMAN 14784 LOWER ENDICOTT WAY APPLE VALLEY, MN 55124 0197147844 VALLEY WAY VILLAGE 5TH $337.66 01-81456-01-190 TOM GORE 14778 ENDICOTT WAY APPLE VALLEY, MN 55124 0194147789 VALLEY WAY VILLAGE 7TH $385.10 01-81456-01-260 RESIDENT 14723 ENDICOTT WAY APPLE VALLEY, MN 55124 0194147235 VALLEY WAY VILLAGE 7TH $346.16 01-81457-01-090 SCOTT LARSON 14809 ENDICOTT WAY APPLE VALLEY, MN 55124 0194148092 VALLEY WAY VILLAGE 8TH $359.94 01-83250-02-050 ANGELA ZARRAS 13866 FAWN RIDGE WAY APPLE VALLEY, MN 55124 0804138661 WATERFORD VILLAGE $390.77 01-83276-01-210 IRENE EIDE 13943 FARMINGTON WAY APPLE VALLEY, MN 55124 0831139435 WATERFORD VILLAGE TWNHM 2ND $322.00 01-84190-02-010 MICHAEL P LARKIN 13745 HEYWOOD CT APPLE VALLEY, MN 55124 0366137459 WILDWOOD $229.79 01-84193-03-020 LEE SACHS 8368 LOWER 138TH CT W APPLE VALLEY, MN 55124 0371083680 WILDWOOD 4TH $258.91 01-84195-02-010 TIBABU TENNA 13720 HEMLOCK CT APPLE VALLEY, MN 55124 0363137205 WILDWOOD 6TH $171.24 01-84351-01-110 HUBERT BORRMANN 13017 GARRETT LN APPLE VALLEY, MN 55124 0752130173 WILLIAMSBURG 2ND $238.23 01-84351-02-030 SETH SCHUSTER 13008 GARRETT LN APPLE VALLEY, MN 55124 0752130082 WILLIAMSBURG 2ND $261.08 01-84700-01-050 PATRICK GALLOWAY 12816 DENMARK AVE APPLE VALLEY, MN 55124 0628128161 THE WOODS $197.39 01-85280-01-020 TARA NELSON 13935 FLEETWOOD AVE APPLE VALLEY, MN 55124 0719139358 WYNDEMERE ADDITION $358.28 TOTAL ASSESSMENTS $153,360.69 Page 7 of 7 I T E M: 4.E. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: City Online Auction S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: 1. Declare certain C ity vehicles and parts, miscellaneous office equipment, maintenance equipment, and sports equipment as surplus. 2. Authorize the disposal of unclaimed property and surplus C ity equipment by selling it at a public auction to be held April 27 through May 8, 2018. 3. Approve the agreement with Assets 2 C ash, LLC , for an online auction conducted through K-Bid, and authorize the Mayor and City C lerk to sign the same. S UM M ARY: T he Police D epartment has accumulated a number of bicycles found during the past year and other unclaimed property. T his type of property can be disposed of by public sale to the highest bidder. In addition, staff has identified certain vehicles, office supplies, tools, and maintenance equipment, as well as other C ity property no longer of use. Attached is an agreement with A ssets 2 C ash, LLC , a K-Bid online auction vendor. A 12 percent commission is charged on the gross amount of the sale, plus an advertising fee of $400.00. T he auction will run from April 27 through May 8, 2018. Assets 2 Cash, LLC, will advertise the auction in the C ity’s official newspaper. T he agreement document has been previously reviewed by the C ity Attorney's office. T he City will also run a legal ad and provide a link on its website to the online auction website. A Notice of Public Sale listing the property and equipment to be auctioned is also attached. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S : Agreement Background Material CITY OF APPLE VALLEY NOTICE OF PUBLIC SALE NOTICE IS HEREBY GIVEN that the City of Apple Valley has contracted with Assets 2 Cash, LLC, a vendor of K-BID Online Auction, to conduct a public sale of unclaimed personal property and surplus City property. Items will be posted on K-BID’s website at www.K- BID.com beginning April 27, 2018. Bidding will close on May 8, 2018. All items will be sold as is, to the highest bidder. Items will be available for inspection on May 7, 2018, and available for pick up on May 10 and 11, 2018, from the Central Maintenance Facility, 6442 140th Street W., in Apple Valley, located approximately one-half mile east of Galaxie Avenue on the south side of 140th Street W. Pursuant to City Code, Section 35.02, the true owner of unclaimed personal property may reclaim the same, upon satisfactory proof of ownership, from the City Clerk, either prior to the sale or by making application within six (6) months from the date of the sale. Items to be sold include approximately 65 bicycles, in various conditions. A partial list of bicycle models and other unclaimed personal property includes: Giant Kent Mongoose Next Roadmaster Specialized Huffy Magna Murray Raleigh Schwinn Vertical 2004 Dodge Ram 1500 Cell Phones iPads 2007 Saturn Clothes and Shoes Jewelry and Watches Yamaha ATV Electronic Equipment Laptops and Computers 25 HP Outboard Motor Gaming Equipment Purses, Backpacks, Cases Air Compressors Generators Tools and Tool Boxes Baseball Cards Housewares Vacuum Cleaner A partial list of City surplus property also being sold includes: 2011 Ford Crown Victoria Chairs Misc. Plow Equipment 2011 Ford Crown Victoria Coolers Office Equipment 2002 Ford F-550 Bucket Desks and Tables Pop Machines 1998 Daewoo Forklift Display Racks and Shelves Pumps and Motors 1996 Toro Core Pulverizer Exercise Equipment Rain Barrel Fittings 1990 Fertilizer Spreader File Cabinets Reel Grinder 1990 Spray Boom 20 Fire Hose (50 Ft. each) Snowblowers 400 Gal. 2-Wall Poly Tank Fire Nozzles Speakers A/C Condenser Glassware Sports Equipment Audio Equipment Grill Tools and Misc. Equipment Auger Blades Guitars TVs Automotive Equipment Liquor-Related Clothing Washer and Dryer Chainsaw and Promotional Items Wooden Lathe Snow Fence DATED this 12th day of April, 2018. Pamela J. Gackstetter, City Clerk I T E M: 4.F. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove 2018-2019 I nsurance Renewals S taff Contact: Ron Hedberg, Finance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: 1. Approve the 2018-2019 insurance renewal with League of Minnesota C ities Insurance Trust with a renewal premium amount of $1,210,226, including the election to not waive the monetary limits on municipal tort liability established by Minn. Stat. 466.04. 2. Approve Assured Partners, Inc., as agency of record. S UM M ARY: T he C ity C ouncil is requested to authorize renewal of the City’s 2018-2019 insurance contracts with League of Minnesota C ities Insurance Trust (LMC IT ) and approve Assured Partners, Inc. as the agency of record. Bill Velin, will continue to be the City's agent. T he LMC IT renewal of the City’s insurance for the coming year does not include any significant underwriting changes that we experienced over the past few years but we have experienced some individual changes in the rates included in the policy. Below is a recap of the premiums for the past few years and overall the insurance premiums will increase approximately 2.0%, or $23,272, to $1,210,2226, for the coming year. B AC K G RO UND: Worker Compensation Premium T he Worker C omp Policy includes a small increase in net worker compensation premiums of $1,563, or 0.3%. A portion of this increase results from an increase in the experience modification rate. T he experience modification rate declined to 95% from 101% last year, equating to a premium decrease of $46,482. T his reduction from the experience modification mitigates the increases in the rates in addition to increased reported wages. T he reported wages overall increased 5.3%, which includes any new positions and any cost of livings increases included in the budget. T he 2018/19 rates were increased from 2.0% to 3.7%, with an additional increase in the population used by the LMC IT in the calculation of the premium for paid on call firefighters. T he other larger reported wage increase is in the "9410- Municipal Employees" and this increase includes additional seasonal employee hours and three new employees; Building Inspector, Engineering Tech and Public Works Supervisor. T he Workers Comp insurance premium is based on estimated payrolls and is adjusted to actual at year end based on an audit of wages paid and the job functions performed. T he current year premium submittal included adjusting job classes based on prior year audits. Attached is a breakdown by premium rate class. Property and Liability Insurance Premium For the property and liability insurance portion, the overall premiums increased approximately 3.3%, or $21,709. T he area that increased the most includes the automobile liability and is related to increases in the reinsurance market claims history in other parts of the country coming from floods and forest fires. T hese premiums represent gross premiums and reflect the current rates charged by the LMC IT. Based on our own city's individual experience, we may receive a premium dividend/refund. We anticipate continued dividends, so long as we experience positive claims history. Under the underwriting methodologies adopted three years ago, the dividends are based on claims history and in 2016 we received a dividend of $228,788, which was larger than the prior years. In the past three years we have received property insurance dividends totaling $420,114; $143,164, $222,788 and $54,162 in 2015 to 2017, respectively. 2014-15 2015-16 2016-17 2017-18 2018-19 per cent Premium Premium Premium Premium Premium change General Liability 223,696 233,504 252,826 266,178 262,645 -1.3% Property 185,945 196,138 195,542 188,012 205,233 9.2% Automobile 50,323 52,225 53,338 52,797 67,255 27.4% Volunteer Workers Comp 1,233 1,088 included included included Boiler & Mach./Equip. Breakdown 16,331 19,998 20,303 19,724 20,501 3.9% Liquor Liability 17,096 17,373 29,618 18,912 18,322 -3.1% Umbrella ($2,000,000)101,251 95,111 108,062 104,228 98,276 -5.7% Crime 3,315 3,360 included included included Employee Bonds 2,630 2,746 2,502 2,583 1,911 -26.0% Fireworks 225 225 225 225 225 0.0% Agent Fee 8,000 8,000 8,000 8,000 8,000 0.0% Prop. & Liab Insurance 610,045 629,768 670,416 660,659 682,368 3.3% Workers Compensation 378,787 403,334 475,291 526,295 527,858 0.3% Total Premium 988,832 1,033,102 1,145,707 1,186,954 1,210,226 2.0% Worker Comp. Experience Mod.0.83 0.89 0.99 1.01 0.95 Property Ins. Dividend $143,164 $222,788 $54,162 B UD G E T I M PAC T: T he total premium renewal of $1,210,226, includes the annual agency fee of $8,000. T his total is within the 2018 amounts budgeted in the operating funds of $1,319,265. AT TAC HM E NT S : Exhibit Exhibit Workers' Compensation2017 (Mar 17 to Feb 18) 2018(Mar 18 to Feb 19) 2018/19Class CodeClassificationEstimated PayrollGross RatePremiumEstimated PayrollGross RatePremium% inc in Wages% Change in Rate% change in Premium5506 Street1,223,800 9.48 116,016 1,283,000 9.67 124,066 4.8% 2.0% 6.9%7520 Waterworks917,900 4.34 39,837 957,800 4.43 42,431 4.3% 2.1% 6.5%7610 Cable TV operators152,900 0.28 428 159,100 0.29 461 4.1% 3.6% 7.7%7708 Fire: Volunteers (population)43,084 216.89 93,445 51,338 225.57 115,803 19.2% 4.0% 23.9%7706 Firefighter (non Vol. )387,100 8.49 32,865 393,100 8.66 34,042 1.5% 2.0% 3.6%7720 Police5,010,000 4.33 216,933 5,168,100 4.42 228,430 3.2% 2.1% 5.3%8017 Store Risk Retail - Off Sale809,200 4.30 34,796 835,900 4.39 36,696 3.3% 2.1% 5.5%8227 Shop & Yard267,800 3.80 10,176 283,600 3.88 11,004 5.9% 2.1% 8.1%8810 Clerical3,975,000 0.71 28,223 4,263,600 0.72 30,698 7.3% 1.4% 8.8%9015 Building Operations228,900 5.13 11,743 270,800 5.23 14,163 18.3% 1.9% 20.6%9182 Skating Rink -indoor243,800 2.53 6,168 203,400 2.58 5,248 -16.6% 2.0% -14.9%9060 Country Club - Golf Courses673,300 1.95 13,129 688,700 1.99 13,705 2.3% 2.1% 4.4%9102 Park1,892,800 5.16 97,668 1,941,100 5.26 102,102 2.6% 1.9% 4.5%9015 Swimming Pool348,800 5.13 17,893 345,300 5.26 18,163 -1.0% 2.5% 1.5%9410 Municipal Employees1,113,000 0.54 6,010 1,360,000 0.55 7,480 22.2% 1.9% 24.5%9411 Elected Officials18,200 0.41 75 18,200 0.42 76 0.0% 2.4% 1.3%Total17,262,500 4.2% 725,405 18,171,700 4.3% 784,568 5.3% 2.7% 8.2%Experience Modification1.01 7,254 0.95 (39,228) -5.94%732,659 745,340 1.7%Premium Discount-11.67% (85,475) -11.68% (87,047) 1.8%647,184 658,293 1.7%Deductible Credit16.5% (120,889) 17.5% (130,435) 7.9%Total Premium526,294 527,858 0.3%INSURANCE PREM Recap.xlsx WorkComp I T E M: 4.G. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Use of Fire Station 3 by Apple Valley Firefighters Relief Association for F undraising A ctivities on A pril 28, 2018 S taff Contact: Nealon P. Thompson, Fire Chief Department / Division: Fire Department AC T I O N RE Q UE S T E D: Approve use of Fire Station 3 building and grounds on April 28, 2018, by the Apple Valley Firefighters Relief Association for fundraising luncheon. S UM M ARY: T he Apple Valley Firefighters Relief Association is requesting permission to hold a fundraising luncheon at Fire Station 3 (14195 Essex Avenue) on Saturday, April 28, 2018. T he luncheon will be held in conjunction with the Diamond Path neighborhood garage sales. Active firefighters and members of the Eastview Athletic Association 12U A A A baseball team will be participating in the set-up, operation, and clean-up of the event. T he baseball team will be the benefactor of the fund raising to help them travel to Cooperstown, New York later this year. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A I T E M: 4.H. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Release of A ll Claims for Property Damage to S anitary L ift Station 3 I mpeller S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Approve release of all claims for property damage with Foundation Group, McNamara Contracting, Zurich American Insurance C ompany, and Broadspire for damages to Sanitary Lift Station 3 Impeller on or before December 20, 2017, in the amount of $7,057.57. S UM M ARY: T he C ity incurred costs of $7,057.57 from Electric Pump to replace the impeller and wear ring for Lift Station 3, pump 1 (invoice attached). A large rock was found under the volute which was too big to pass through the impeller and was the primary cause of failure. T he contractor's insurance company, Broadspire, will cover the cost of the repair and is requesting a signed release before issuing full payment to the City for the invoice amount of $7,057.57. T he City Attorney's office has reviewed the attached release and approved executing signatures. B AC K G RO UND: On December 1, 2017, the C ity of Apple Valley Public Works D epartment was performing maintenance on Lift Station 3 and found the damaged impeller and wear ring. Electric Pump performed the necessary repairs on December 18, 2017. Construction activities related to Project 2017-104, Street and Utility Improvements caused grit, sand and rocks to accumulate in the lift station wet well. McNamara Contracting's subcontractor cleaned the sanitary sewer lines and wet well, however, the rock and damage were not discovered until the pump was pulled and inspected. B UD G E T I M PAC T: Credit funds to: 5380.6265. AT TAC HM E NT S : Exhibit Agreement Rev. 11/21/11 Release of All Claims PD-GC Claim Number: 188643250-001 Adjuster: Diane Bishop RELEASE OF ALL CLAIMS FOR PROPERTY DAMAGE FOR AND IN CONSIDERATION OF THE PAYMENT TO US OF THE SUM OF Seven Thousand Fifty Seven Dollars and 57 cents. ($ 7,057.57) and other good and valuable consideration, we, being of lawful age, have released and discharged, and by these presents do for ourselves, our heirs, executors, administrations and assigns, release, acquit and forever discharge Foundation Group, McNamara Contracting, Zurich American In surance Company,Broadspire and any and all other persons, firms and corporations of and from any and all claims or demands for damage, costs, loss of use, expenses, compensation, consequential damage or any other thing whatsoever on account of property damage resulting or to result from an occurrence or accident, that happened on or about the 20th day of December, 2017, at or near North Of 130 Chaparral Dr , APPLE VALLEY, MN 55124. We understand that this settlement is the compromise of a doubtful and di sputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons, firm, and corporations hereby released by whom liability is expressly denied. W e further agree that this release shall not be pleaded by us as a bar to any claim or suit. This release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this release are contractual and not a mere recital. We further state that we have carefully read the foregoing release and know the contents thereof, and we sign the same as our own free act. "Any person knowingly and with intent to injure, defraud, or deceive any insurance company, file a statement of claim containing any false, incomplete or misleading information is guilty of a felony of the third degree." WITNESS hand and seal this day of , . CAUTION! READ BEFORE SIGNING WITNESSES (Name of Person to Sign Release) I T E M: 4.I . C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Release of Various F inancial Guarantees S taff Contact: J oan Murphy, Department A ssistant Department / Division: Community Development Department AC T I O N RE Q UE S T E D: Approve release of various financial guarantees. S UM M ARY: T he C ity holds numerous financial guarantees to ensure the installation of certain improvements in new developments, as well as to assure protection of natural resources. Staff review of the status of these developments indicates that the following actions are in order: 1.Embry Place Second Addition (PC 15-46-F) LO C #006250877 Original Deposit on 12/8/16 $39,000.00 Reduce now to $ 0.00 2.Embry Place T hird Addition (PC 17-04-F) LO C #006451253 Original Deposit on 8/28/17 $34,000.00 Reduce now to $ 0.00 B AC K G RO UND: N/A B UD G E T I M PAC T: N/A I T E M: 4.J . C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: Award Agreements Under 2018 South Metro Cities J oint P owers Agreement for Project 2018- 125, Street Maintenance S ervices S taff Contact: Michael Glewwe, P ublic Works S uperintendent - Streets Department / Division: S treets Division AC T I O N RE Q UE S T E D: Authorize award of agreements to the lowest responsible bidders by the C ity of Burnsville for the 2018 South Metro C ities J oint Powers Agreement for Project 2018-125, Street Maintenance J PA, Apple Valley portion - $237,290. S UM M ARY: T he C ity of Apple Valley annually participates with neighboring communities as part of a J oint Powers A greement (J PA) to solicit bids for crack sealing, pavement markings, and fog sealing in order to receive better pricing on quantity and scheduling. T he City of Burnsville administers the bid on behalf of the member jurisdictions (15 cities, 2 townships, and Scott County). Bids were opened on March 9, 2018. Attached is the bid tabulation with the lowest responsible bidders shaded in yellow. T he 2018 total estimated Apple Valley cost for crack sealing, pavement markings, and fog sealing under the J PA is $237,290. T he J PA requires each participating city to acknowledge the award of contracts. T he bid results appear competitive and favorable for the proposed work within Apple Valley. B AC K G RO UND: T his agreement has been a long-running, cost-effective program for the C ity. T he J PA requires approval whenever a change occurs in the member jurisdictions. T he last change to the agreement was on February 27, 2014 when an additional member was added to the J PA. B UD G E T I M PAC T: Funding for the project is included in the following divisions of the 2018 Budget: Project Funding Public Works Street Maintenance $49,290 Public Works Traffic 68,000 Road Improvement Fund 120,000 Total Estimated Funding $237,290 AT TAC HM E NT S : Bid / Quote Tabulation S:\Projects\2018\18-303 Street Maint\Contracts\18-303 Bid Tab and Abstract.xls Bid Tab 2018 JOINT POWERS BID OPENING - 11:00 a.m. March 9, 2018 CITY OF BURNSVILLE - STREET MAINTENANCE SERVICES Gal Gal Gal Total TOTAL LF Total Street SYM Park Lot Total AAA Striping Service 1a 2a 2b 2c 2f 3a 12220 43rd Street NE 2d 3b St. Michael, MN 55376 -$ 2e -$ 3c -$ $15.84 $90.00 $75.00 751,861.56$ Phone 763-428-4322 3d Fax 763-428-8557 Allied Blacktop Company 1a 2.99$ 2a 0.50$ 2b 0.50$ 2c 1.03 2f 5.05 3a 10503 89th Avenue North 2d 0.64 3b Maple Grove, MN 55369 135,303.48$ 2e 1.75 1,627,396.86$ 3c -$ -$ Phone 763-425-0575 3d Fax 763-425-1046 American Pavement Solutions, Inc.1a 2a 2b 2c 2f 3a 0.46$ 1455 Gruber Road 2d 3b 0.46$ Green Bay WI 54313 -$ 2e -$ 3c 0.46$ 1,113,972.80$ -$ Phone: 920-662-9662 3d 0.46$ Fax: Astech Corporation 1a 4.35$ 2a 2.15$ 2b 1.89$ 2c 0.65 2f 6.50 3a 0.40$ PO Box 1025 2d 0.30 3b 0.33$ St. Cloud, MN 56302 196,846.20$ 2e 2.10 1,626,582.45$ 3c 0.40$ 931,122.00$ -$ Phone 320-363-8500 3d 0.32$ Fax 320-363-8700 Fahrner Asphalt 1a 2a 2b 2c 2f 3a 0.41$ 6615 Hwy 12 West 2d 3b 0.35$ Eau Claire, WI 54703 -$ 2e -$ 3c 0.41$ 960,788.80$ -$ Phone 800-497-4907 3d 0.35$ Fax 715-874-6717 Pearson Bros.1a 2.70$ 2a 2.07$ 2b 1.97$ 2c 0.58 2f 3.00 3a 11079 Lamont Ave., N.E.2d 0.33 3b Hanover, MN 55341-4063 122,180.40$ 2e 1.64 1,521,285.33$ 3c -$ -$ Phone 763-391-6622 3d Fax 763-391-6627 Sir Lines-A-Lot 1a 2a 2b 2c 2f 3a P.O. Box 201923 2d 3b Bloomington MN 55420 -$ 2e -$ 3c -$ $14.30 $75.00 $85.00 667,943.70$ Phone: 952-913-8382 3d Fax: 612-926-8201 2017 Prices 2.72$ 2.35$ 2.05$ 0.45$ 3.00$ 0.380$ $13.84 $85.00 $75.00 0.33$ 0.360$ 1.65$ 0.380$ 0.36$ 1a - Bituminous Fog Seal - Streets, Trails & Parking Lots 2a - Bituminous Material for Seal Coat(CRS-2P)3a - Crack Sealing - Mn/DOT 3723 - Route & Seal 2b - Bituminous Material for Seal Coat (CRS-2)3b - Crack Sealing - Mn/DOT 3723 - Clean & Seal 2c - Furnish & Install Seal Coat (FA2 - Mod 1/8")3c - Crack Sealing - Mn/DOT 3725 - Route & Seal 2d - Install Screened Seal Coat (FA-2 - Mod 1/8")3d - Crack Sealing - Mn/DOT 3725 - Clean & Seal 2e - Furnish & Install Seal Coat (FA-2 Mod 1/8") Parking Lots 2f - Screen Salvaged Seal Coat Aggregate Bituminous Seal Coat Pavement Marking Gal Scr. Agg. Bituminous Fog Seal Crack Sealing Companies Bidding FA-2 Mod 1/8"CRS-2P CRS-2 I T E M: 4.K. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Management A greement with Pear One, I nc., d/b/a Roasted Pear, for Exclusive F ood and B everage S ervice at Valleywood Golf Course S taff Contact: B arry B ernstein, Director of P arks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve Management A greement with Pear O ne, Inc., dba Roasted Pear, to be the exclusive food and beverage service provider at Valleywood Golf Course, subject to minor revisions as approved by the City Attorney and C ity Administrator. S UM M ARY: Staff recommends a partnership with Pear One, Inc., dba Roasted Pear, to be the exclusive food and beverage service provider at Valleywood Golf C ourse under a Management Agreement with the C ity. Pear One, Inc., dba Roasted Pear, owns and operates two restaurants (Burnsville and Brooklyn Park) and also has extensive experience with event catering. Under the recommended Management Agreement, Pear One, Inc., dba Roasted Pear, will provide exclusive food and beverage service at Valleywood. T he Management Agreement is intended to be an interim step in bringing Pear One, Inc., dba Roasted Pear, on-board as our food and beverage provider for a five-year term. T he interim step is necessary in order to allow them to apply for and be approved for a liquor license at the facility. During the term of the Management Agreement, Pear One, Inc., dba Roasted Pear will operate under the C ity's liquor license currently in effect at Valleywood. Once the new liquor license is approved in the name of Pear One, Inc., dba Roasted Pear, a Lease Agreement will also be presented for approval. 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 facility. T he primary issue has been an extremely limited supply of qualified cooks and chefs to work in a seasonal, variable-hour capacity as required at Valleywood. After attempting and failing to attract qualified staff for the last three years, our ability to provide food and beverage service and to host special events at the clubhouse was significantly diminished. Hoping to drive more event business to Valleywood, staff began researching outside food and beverage providers to serve as our potential partners. Over a dozen food service providers were contacted to gauge their interest in providing food service at Valleywood. We have worked with several interested providers over the past two months in an attempt to identify the best fit for Valleywood and our patrons. Staff is pleased to announce that Pear One, Inc., dba Roasted Pear, is enthusiastically interested in becoming our food and beverage provider at Valleywood. We are also impressed that they want to assist in marketing Valleywood to attract more events to the facility. Under the terms of the Management Agreement, the C ity will receive a 9 percent commission on all food and beverage sales made at Valleywood. In addition, Valleywood will retain all rental fees (room rental, audio visual, décor). Pear One, Inc., dba Roasted Pear, will also market and promote our facility at the various food and wedding shows they attend, and also through their print, website and social media advertising campaigns. T he Management Agreement is anticipated to be in effect for several months as Pear One, Inc., dba Roasted Pear prepares, and the C ity processes, their liquor license application. Subsequently, a Lease Agreement will be brought forth outlining the specifics of a five-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), five years is deemed to be a reasonable amount of time to determine the success of the partnership. Staff is excited by the prospect of working with Pear One, Inc., dba Roasted Pear to better serve our customers, to improve the financial performance of the facility and to help raise the visibility of Valleywood as a wonderful place to hold special events. B UD G E T I M PAC T: During the term of the Management Agreement, the C ity will receive a 9 percent commission on all food and beverage sales. In addition, Valleywood will retain all rental fees (room rental, audio visual, décor). AT TAC HM E NT S : Agreement MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT (“Agreement”) is made effective as of _____________________, 2018 (the “Effective Date”), between City of Apple Valley, a Minnesota municipal corporation (“City”) and Pear One, Inc., a Minnesota corporation, d/b/a Roasted Pear (“Manager”). RECITALS: 1. The City owns Valleywood Golf Course (“VGC”) located at 4851 McAndrews Road, Apple Valley, MN 55124 which is a golf course configured with 18-holes of golf, one (1) driving range, two (2) putting greens, outbuildings, and a two-level clubhouse (the “Clubhouse”). The upper level of the Clubhouse has a pro shop, a special event room, a full-service commercial kitchen, a clubroom with a full-service bar, restrooms, and circulation space. The lower level of the Clubhouse has golf cart storage, miscellaneous storage space, a walk-in cooler, a walk-in freezer, a dry room, and mechanical space. VGC provides food and beverage services to VGC patrons and for Special Events (defined below) (“Food and Beverage Service”) held at VGC. “Special Event” or “Special Events” mean any event or occasion hosted by a private party or entity held in the special event room in the Clubhouse or other space(s) at VGG. 2. The Manager is experienced in the operation and management of food and beverage services and hospitality, including but not limited to, restaurants and catering. 3. The City desires to engage the Manager to manage its Food and Beverage Services and Special Events, and the Manager desires to operate and manage the Food and Beverage Services and Special Events on the terms set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. Engagement and Authorization 1.1 Engagement As Manager. City hereby engages Manager as its sole and exclusive agent to supervise, manage, direct and control the operations of the Food and Beverage Services and Special Events, in accordance with the terms and conditions hereof. Manager hereby accepts such engagement as the manager of the Food and Beverage Services and Special Events during the Term, as hereafter defined, of this Agreement. 1.2 Grant of Authority. City hereby grants Manager full power and authority to take all actions and to do all things reasonably required to perform the obligations of the Manager under this Agreement; provided that Manager shall not have the power and authority to grant any mortgage, encumbrance, security interest, pledge or other lien on any tangible or intangible asset of City without the approval of City. In the performance 2 of this Agreement, Manager shall act as the agent of City and such power and authority will be limited to providing the Services, as defined herein. Manager, at all times, shall be independent of City. Nothing contained herein shall be deemed to make or render the Manager a partner, co-venturer or other participant of the City, or in any manner to render City liable, as principal, surety, guarantor, agent or otherwise for any of the debts, obligations or liabilities of Manager. Manager shall operate the Food and Beverage Services and Special Events in accordance with the operating practices established by City. 1.3 Temporary Access License. Manager is granted a temporary and revocable license to enter and occupy VGC for the sole purpose of performing the obligations of the Manager under this Agreement. Manager’s right to enter and occupy VGC shall end immediately upon termination of this Agreement with the following exception: Manager may enter VGC solely for the purpose of performing and completing Manager’s continuing obligations required under this Agreement for Special Events that were previously reserved prior to the date of termination. 2. Term. The term of this Agreement shall commence at 8:00 a.m. on ________________ and end at 10:00 p.m. on the day the City of Apple Valley issues a liquor license to Manager or at 5:00 p.m. on October 31, 2018 (the “Expiration Date”), whichever date occurs first, unless terminated sooner pursuant to this Agreement. 3. Manager’s Duties. Throughout the Term of this Agreement, Manager will use the Manager's commercially reasonable efforts and due diligence to manage and operate the Food and Beverage Services and Special Events. During the Term, Manager shall provide City with the following specific services (hereinafter collectively referred to as the “Services”): 3.1 Food and Beverage Services and Special Events Management. Manager shall oversee the day-to-day management of the Food and Beverage Services and Special Events, which responsibilities shall include, but are not limited to: (a) operating, servicing, and managing food and beverage services to VGC’s patrons; (b) operating, servicing, and managing the Clubroom and full-service bar, including, but not limited to providing food and beverage services; (c) operating, servicing, and managing the Special Events held at VGC, including, but not limited to providing food and beverage service; (d) training and supervising employees, as more particularly described below; (e) reviewing, approving and paying of all operating expenses authorized by the City; (f) maintaining Food and Beverage Services and Special Events files and records; (g) performing general administrative functions; (h) preparing and monitoring activities required by the City; (i) providing first-class customer service to VGC and Special Event customers; (j) ensuring customer complaints will be received, logged and resolved in a reasonable manner and reporting any serious issues or concerns to the City; (k) complying with any and all state and City of Apple Valley licensure requirements, including but not limited to, Health Department License and a Certified Food Manager’s License and any other required licensures throughout the duration of this Agreement; (l) complying with all local/state/federal health code regulations, codes, rules and laws concerning food and beverage services. 3 3.2 Accounting and Bookkeeping. Administer and supervise all of the finances of the Food and Beverage Services and Special Events, including payroll, taxes, accounting, bookkeeping, record keeping, managing or accounts payable, and accounts receivable, banking, financial records and reporting functions as they pertain to the Food and Beverage Services and Special Events. Manager shall prepare and maintain financial statements for the Food and Beverage Services and Special Events according to generally accepted accounting principles consistently applied and shall provide the City with weekly operating reports and statements including but not limited to cash flow statements, income statements, accounts payable and accounts receivable reports and such other reports and information as may be requested by City from time to time, as set forth herein. 3.3 Reports. Manager shall maintain full and adequate records and books of account and such other records as might be appropriate to reflect the results of operation of the Food and Beverage Services and Special Events, and which shall reflect all revenues and expenditures and all other receipts and disbursements relating to the Food and Beverage Services and for each Special Event. All books and records will be the property of the City and the City will have access thereto at all times. Each week on Monday, Manager shall prepare and furnish to City the following information for the preceding week (Saturday through Friday): 3.3.1 Financial Statements. A statement in form acceptable to the City indicating the receipts, disbursements, delinquencies and uncollected items arising from the operation of the Food and Beverage Services and Special Events; 3.3.2 Supporting Data. At the City's request, copies of the following: (a) all checks, bank statements, bank deposit slips and bank reconciliations; (b) detailed cash receipts and disbursement records; (c) copies of all invoices; (d) supporting documentation for payroll, payroll taxes and employee benefits; and (e) such other information as the City might reasonably request; 3.3.3 Other Reports. Such other reports and documents as might be reasonably requested by the City from time to time (including, without implied limitation, certificates of compliance and other instruments required in connection with any bond financing relating to the Food and Beverage Services and Special Events). The reports shall be sent by email to Ron Hedberg, Jake Bosley, Barry Bernstein, and Jim Zinck. If requested by the City, the Manager shall also furnish the reports to the City in whatever form the City requires (e.g. paper reports). 3.4 Staffing. Manager shall train, supervise, and pay all of the Food and Beverage Services and Special Events employees and other personnel (“Employees”) necessary to fulfill its obligations hereunder. All Employees shall be the employees or independent contractors of Manager and not the employees or independent contractors of the City. Manager shall determine the number of staff required to operate the Food and Beverage 4 Services and Special Events. Manager shall, at Manager’s expense, cause Employees to be covered by workers’ compensation insurance and such other insurance as is now or hereafter required by law. Manager shall maintain all personnel and payroll records and manage all Employee benefits programs, including, but not limited to, health insurance, dental insurance, short and long term disability plans, life insurance, workers’ compensation, cafeteria plans, vacation plans, sick leave, if any such benefits are offered. 3.5 Purchase of Materials and Supplies. Supervise and control the purchase of supplies, food, beverage (including, without limitation, wine and liquors), inventory, and materials which are required to operate and maintain the Food and Beverage Services and Special Events. Manager is solely responsible for paying for all of the costs and expenses of the food and beverage provided at VGC, including food and beverages for the Special Events. Manager shall pay or cause to be paid, within five days after receipt thereof (unless an earlier payment is required), all invoices in connection with the purchase of supplies, food, beverage, inventory, and materials required to operate and maintain the Food and Beverage Services and Special Events. Notwithstanding the foregoing, the Manager shall not have the authority, without the express written consent of the City, to purchase in the name of the City, any assets, supplies, equipment, or inventory outside the ordinary course of business, or incur any indebtedness outside the ordinary course of business. 3.6 Maintenance. Maintain VGC’s equipment in good repair, order and condition, normal and reasonable wear and tear acceptable, and maintain the premises of VGC in a manner which maximizes the appearance of VGC and operation of the Food and Beverage Services and Special Events, including without limitation, interior and exterior cleaning, plumbing, and such other normal maintenance and repair work as might be desirable. 3.7 Care of the Premises. Manager shall keep the premises of VGC in as good condition and repair as it was at the time of the Commencement Date, reasonable wear and tear acceptable, and in a safe, clean and sanitary condition and in compliance with all applicable laws, ordinance, rules and regulations of governmental authority, or of any company or companies insuring against losses resulting from damage or destruction to the premises from personal injuries, deaths or property damage occurring, in, on or about the premises. Manager shall not commit any nuisance or waste on the premises of VGC, maintain a controlled access to the premises of VGC and Special Events, and keep the premises of VGC free of any and all pests and rodents and take an y and all necessary actions to keep the premises free of any and all pests and rodents. 3.8 Operating Account. Manager shall make sure that all funds and cash receipts, exclusive of working capital, from the Food and Beverage Services and Special Events are deposited into the City’s drop safe on a daily basis and hold in a fiduciary capacity all monies furnished by City and all funds received from the operation of the Food and Beverage Services and Special Events. In particular, Manager shall deposit or cause to be deposited daily cash receipts and funds, exclusive of working capital, into the City’s drop safe no later than 3:00 p.m. of the next business day. For example, all funds and cash 5 receipts collected on Monday shall be deposited in the City’s drop safe no later than 3:00 p.m. on Tuesday, whereas all funds and cash receipts collected from Friday, Saturday, and Sunday shall be deposited in the City’s drop safe no later than 3:00 p.m. on Monday. Manager shall obtain and retain all receipts of all transactions in connection with the Food and Beverage Services and Special Events. Manager will pay any and all amounts authorized by the City. In addition, it shall be the Manager’s responsibility to confirm that all of the credit charges run through the Manager’s POS (point of sale) system and properly identified as receipts originating from VGC. 3.9 Excluded Responsibilities. The City will be responsible for the reservation/booking of the event space for Special Events and shall communicate event dates to Manager immediately upon the reservation confirmation. The City will also be responsible for setting up and tearing down chairs and tables and placing and removing the table linens (and ceiling drapery, if requested by the Special Event customer) for the Special Events. The City will coordinate table and chair set up with Manager. Manager is responsible for all other Special event set-up and tear down. 3.10 Continuing Obligation. It is understood and agreed to by the parties that if this Agreement is terminated or expires, Manager shall continue to provide Food and Beverage Services for those Special Events that were previously reserved as of the date of termination or expiration in compliance and accordance with the terms of this Agreement. The Manager shall continue to provide all required invoices and accounting records for these Special Events according to the terms of this Agreement. Manager shall not provide Food and Beverage Services for any Special Events reserved after the date of termination or expiration. This paragraph 3.10 shall survive termination or expiration of this Agreement. 4. Limitation on Manager’s Authority. In addition to any other limitations on Manager’s authority set forth in this Agreement, Manager shall not, without City’s written approval, take any of the following actions with respect to the Food and Beverage Services and Special Events (except as otherwise expressly permitted by the terms hereof or otherwise approved in writing by City): 4.1 enter into any contract or other agreement or so modify or amend any such contract or agreement; or 4.2 enter into any lease, license, concession or other occupancy agreement; or 4.3 enter into any arrangement for the employment of any professional firm; or 4.4 enter into, renew, modify, amend or terminate any union contract or collective bargaining agreement affecting the Food and Beverage Services and Special Events; or 4.5 settle any litigation or claims; or 4.6 extend credit to any single customer or group of related customers; or 6 4.7 borrow money, issue any guarantees or incur any interest or contingent obligation against VGC or the City; 4.8 provide complimentary services to any patrons without the written approval of City; or 4.9 acquire any capital assets or interest therein; or 4.10 finance, refinance or otherwise encumber VGC, or any portion thereof; or 4.11 take any other action that is prohibited under the terms of this Agreement or requires the approval of City. 5. Compliance. Manager shall manage, operate, and maintain the Food and Beverage Services and Special Events in such a manner that is at all times in substantial compliance with: (i) all zoning and use restrictions, fire codes, building codes, and other requirements issued by any governmental authority; (ii) any and all licenses, permits and other authorizations required in the operation of the Food and Beverage Services and Special Events; (iii) any policy of insurance covering the Food and Beverage Services and Special Events; (iv) all applicable laws and regulations. Manager shall also provide the City with 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. 6. Minimum Operation of Food and Beverage Services and Special Events. At a minimum, Manager shall open the Food and Beverage Services and Special Events for Food and Beverage Services and Special Events seven (7) days a week as follows: 6.1 General. During the peak golf season (Memorial Day through Labor Day), hours shall be 8:00 a.m. to 10:00 p.m. During the golf shoulder seasons (before Memorial Day and after Labor Day), hours shall be 9:00 a.m. to 7:00 p.m. Notwithstanding the foregoing, upon mutual agreement of the parties, the Manager or designated City representative may adjust service hours depending on weather, outing numbers (golfing events), and customer needs. 6.2 Special Events. As necessary pursuant to Special Event reservations. 7. Management Fee and Expense of Manager. 7.1 Management Fee. So long as this Agreement is in full force and effect and Manager is not in default hereunder, Manager shall be entitled to a management fee in an amount equal to ninety one percent (91%) of the Gross Sale of food and beverage for each Sales Week, as compensation for the services provided by Manager hereunder (the “Management Fee”). For purposes of this Agreement, “Sales Week” means Saturday through Friday. The Management Fee shall be payable on the Monday of each Sales Week, for revenue received the previous Sales Week. For purposes of this Agreement, “Gross Sales” means the gross selling price of all food and beverages sold by Manager at 7 VGC or food and beverages prepared off site and brought into VGC for service by Manager, 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. Upon Commencement of this Agreement, City will provide to Manager an initial Management Fee in an amount sufficient to cover the first week’s operating expenses. On the Monday following the first week, after receiving and reviewing the reports submitted by Manager, the City will reconcile the sale of food and beverages and adjust (deduct or add) the next payment of the Management Fee accordingly. Manager agrees that the Management Fee is intended to cover all of Manager’s general and administrative overheard, and all salary and other compensation of Manager, Manager’s affiliates, and Manager’s employees, if any. 7.2 Expenses of Manager. All of the following expenses are the sole expense of the Manager: payroll processing fees for Manager’s employees, if any, required for Manager to provide the Services, any health plan or benefit plan fees, including maintenance fees, for Manager’s employees, all of Manager’s operating expenses required for Manager to provide the Services. 8. Termination. City, at its sole option, may terminate this Agreement: (i) for any reason at any time during the Term upon seventy two (72) hours written notice to Manager. 9. Certain Obligations of Manager After Termination. Upon termination of this Agreement, Manager shall: (i) deliver to City all records, books, accounts, files, and other documentation (the “Records”) pertaining to the management, maintenance, operation, marketing of the Food and Beverage Services and Special Events, including, without limitation, all records relative to the employees, suppliers, finances, and affairs of the Food and Beverage Services and Special Events; (ii) deliver and assign, transfer or otherwise convey to City all contracts, excluding Manager’s contracts, and all personal property relating to or used in the management, operation and maintenance of the Food and Beverage Services and Special Events, including, without limitation, all keys, combinations to locks and other security devices, documents, materials, operating supplies, furnishings and equipment, provided that any personal property owned by Manager may be retained by Manager; (iii) prepare and deliver to City a full set of reports for the Food and Beverage Services and Special Events in accordance with paragraph 3.3, current to the date of termination; (iv) deliver all funds held by Manager that are due to City under the terms of this Agreement; and (v) render such assistance as City might reasonably request to facilitate an orderly transition in the management and operation of the Food and Beverage Services and Special Events. 10. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered by hand, mailed by certified or registered mail with postage prepaid or by overnight mail, or if sent by facsimile as follows: 8 If to Manager, to: Pear One, Inc. d/b/a Roasted Pear Attn: Craig Rebers 12250 West Frontage Road Burnsville, MN 55337 If to City, to: City of Apple Valley c/o City Clerk 7100 – 147th Street West Apple Valley, MN 55124 11. Insurance. 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 Manager from liabilities that may arise out of the performance of the services and work under this Agreement by Manager, its agents, representatives, employees or subcontractors and Manager is free to purchase additional insurance as may be determined necessary. Prior to commencement of this Agreement, Manager shall furnish to the City copies of insurance policies evidencing the coverage required under this Section 11. 11.1 Minimum Scope and Limits of Insurance. Manager shall provide coverage at least as broad and with limits of liability not less than those stated below. 11.1.1 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) 11.1.2 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 18.1.3. Automobile Liability Combined Single Limit (each accident) $1,000,000 Underinsured Motorist $1,000,000 11.1.3 Liquor Liability Upon the City of Apple Valley’s approval of a liquor license for Manager, Manager shall immediately procure and maintain liquor 9 liability insurance in an amount in accordance with the City of Apple Valley Code of Ordinances. 11.2 Other Insurance Requirements. The foregoing insurance policies shall be endorsed to contain the following provisions: 11.2.1 The Manager's insurance shall contain broad form contractual liability coverage. 11.2.2 The City shall be named as additional insured to the full limits of liability purchased by the Manager even if those limits of liability are in excess of those required by this Agreement. 11.2.3 The Manager’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, agents, and employees (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, its officers, officials, agents, employees, or volunteers shall be in excess to the coverage of the Manager's insurance and shall not contribute to it. 11.2.4 The Manager’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. 11.2.5 Coverage provided by the Manager shall not be limited to the liability assumed under the indemnification provisions of this Agreement. 11.2.6 The policies shall contain a waiver of subrogation in favor of the City, its officers, officials, agents, and employees. 11.2.7 All liability policies shall contain no cross liability exclusions or insured versus insured restrictions applicable to the claims of the City. 11.2.8 All insurance policies shall be endorsed to require the insurer to immediately notify the City of any material change in the insurance coverage. 11.2.9 Manager may maintain reasonable and customary deductibles, subject to approval of the City. 11.2.10 Insurance must be purchased from insurers that are financially acceptable to the City. 12. Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended, voided or canceled, or not renewed, except after sixty (60) days prior written notice has been given to the 10 City, except when cancellation is for non-payment of premium, then at least ten (10) days prior notice shall be given to the City. Such notice shall be sent directly to: City of Apple Valley c/o City Clerk 7100 – 147th Street West Apple Valley, MN 55124 13. Acceptability of Insurers. Insurance shall be placed with insurers duly licensed or authorized to do Food and Beverage Services and Special Events in the State of Minnesota and with an “A.M. Best” rating of not less than A- VII, or receiving prior approval by the City. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect Manager from potential insurer insolvency. All insurance must be written on forms filed with and approved by the Minnesota Department of Insurance. 14. Indemnification. Manager shall indemnify, defend and hold harmless City and its affiliates, their respective shareholders, officers, directors, employees, and agents, against and in respect of any and all losses, claims, damages, causes of action, actions, obligations, liabilities, deficiencies, suits, proceedings, actual out-of-pocket obligations and expenses (including cost of investigation, interest, penalties and reasonable attorneys' fees) (collectively, “Losses”) arising out of or due to the operation and management of the Food and Beverage Services and Special Events by Manager, its affiliates, agents, servants and/or employees. Manager represents and warrants it will not store or dispose on the premise of VGC nor transport to or over the premise of VGC any hazardous substance. Manager 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. City shall indemnify, defend and hold harmless Manager of any and all losses, claims, damages, causes of action, actions, obligations, liabilities, deficiencies, suits, proceedings, actual out-of- pocket obligations and expenses (including cost of investigation, interest, penalties and reasonable attorneys’ fees) (collectively, “Losses”) arising out of or due to the operation and management of the Food and Beverage Services and Special Events by City prior to the commencement of Manager’s performance under this Agreement, its affiliates, agents, servants and/or employees. The obligations set forth in this paragraph 14 shall survive for a period of one (1) year following the Expiration Date. 11 15. Non-assignability. This Agreement may not be sold, assigned, pledged, subcontracted, transferred or otherwise conveyed by any means whatsoever by Manager without prior written consent of the City, and any sale, assignment, pledge, subcontract, transfer or other conveyance by Manager without the City’s prior written consent shall be null and void. 16. Disclosures Required by Federal or State Law. The terms and conditions of this Agreement and any information that Tenant 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. 17. Headings. The section and subsection headings contained herein are for convenience only and shall not be used in interpretation of this Agreement and are not intended to define or limit the scope of any provision of this Agreement. 18. Governing Law and Venue. This Agreement shall be governed by and administered and interpreted under the laws of the State of Minnesota, without regard to any conflict of laws provisions. Venue for any action, cause or action or proceeding under this Agreement lies exclusively in the State District Court of Dakota County, Minnesota, and the parties agree to submit to the personal and subject matter jurisdiction of said court. 19. Severability. The sections, paragraphs, sentences, phrases, words, and all other provisions of this Agreement are severable, and if any part of this Agreement is determined by a court of competent jurisdiction to be illegal, unlawful, unconstitutional, or void for any reason, the parties intend that the remaining provisions of this Agreement shall remain in full force and effect unless the stricken provision leaves the remaining Agreement unenforceable. 20. Integration; Modification. This Agreement represents the entire understanding of City and Manager as to those matters contained in this Agreement, and no prior oral or written understanding shall be of any force or effect with respect to those matters. This Agreement may not be modified or altered except in writing signed by duly authorized representatives of the parties. 21. 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. 22. No Third Party Beneficiaries. This Agreement and all of its provisions are solely for the benefit of Manager and the City and are not intended to and shall not create or grant any rights, contractual or otherwise, to any third person or entity. 22. 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. 12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. CITY OF APPLE VALLEY: Date: By: Mary Hamann-Roland Its: Mayor Date: By: Pamela J. Gackstetter Its: City Clerk MANAGER: Date: ____________________ Pear One, Inc., a Minnesota corporation, d/b/a Roasted Pear By: ________________________________ Craig Rebers Its: ____________________________ I T E M: 4.L . C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Maintenance Agreement with I ndependent School District 196 for S torm Water Pond and I nfiltration Basin and Underground I nfiltration System Construction S taff Contact: K athy Bodmer, A I C P, Planner Department / Division: Community Development Department Applicant: I ndependent School District 196 P roject Number: Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Approve Storm Water Pond and Infiltration Basin and Underground Infiltration System Construction and Maintenance Agreement with Independent School District 196. S UM M ARY: T he C ity has reviewed a number of building permit applications from Independent School District 196 (ISD 196) during 2017 for building and site improvements. T he projects are intended to enhance building security and improve site circulation. At five of the schools, impervious surface area will be added to the site which requires storm water management practices. As a result, five of the schools will have storm water ponds, infiltration basins and/or underground infiltration structures constructed as part of the site improvement project. T he C ity requires private property owners to execute storm water basin construction and maintenance agreements to ensure the long term maintenance of storm water structures. Attached is a copy of the maintenance agreement. T he following school sites have storm water management systems impacted by the agreement: A ddress/ Legal I nfiltraon Basin D escripon A pple Valley H igh School 14450 H ayes Road To be Pla$ed A s: Lot 1, Block 1 A pple Valley H igh School Two basins within parking lot island. Valley M iddle School/ Southview E lementary 900 Garden View D rive Lot 1, B lock 1 Valley M iddle School Two basins: A rea A west of parent parking lot. A rea B southeast corner of site. Greenleaf E lementary 1333 G alaxie Avenue Lot 1, B lock 1 G reenleaf E lementary School Underground storm sewer structure. C edar Park E lementary 7500 W hitney D rive Lot 1, B lock 1 C edar Park E lementary School O ne basin west of new bus loop on west side of building. D iamond Path 14455 D iamond Path Two basins northeast and E lementary Lot 1, B lock 2 Rosemount School D istrict A ddion east of parking lots. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S : Agreement Exhibit Map 1 STORMWATER POND AND INFILTRATION BASIN AND UNDERGROUND INFILTRATION SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT This Agreement is made by and between Independent School District 196, a Minnesota public body (the “Owner”), and the City of Apple Valley, a Minnesota municipal corporation (the “City”). The Owner and the City shall jointly be referred to as the “Parties.” WHEREAS, the Owner is the fee owner of real property legally described as follows: 1. Lot 1, Block 2 Rosemount School District Addition (“Diamond Path Elementary”); 2. Lot 1, Block 1 Valley Middle School (“Valley Middle/Southview Elementary”); 3. Apple Valley High School to be platted as Lot 1, Block 1 Apple Valley High School (“Apple Valley High”); 4. Lot 1, Block 1 Cedar Park Elementary School (“Cedar Park Elementary”); and 5. Lot 1, Block 1 Greenleaf Elementary School (“Greenleaf Elementary”). Collectively referred to as “The Properties.” WHEREAS, the City has approved a development plan for each of the properties and authorized building permits for improvements upon The Properties. The building permit authorizations are subject to a number of conditions as set forth in the City’s corresponding resolution, which include, but are not limited to, the requirement that all construction and site improvements be in conformance with the corresponding approved development plan (the “Development Plans”), and in conformance with City Code. The cover page of Development Plans are attached hereto as follows and the full Development Plans are on file with the City Engineer and are incorporated herein by reference: Resolution No. Exhibit A Diamond Path Elementary 2017-042 Exhibit B Valley Middle/ Southview Elementary 2017-142 Exhibit C Apple Valley High N/A Exhibit D Cedar Park Elementary 2017-159 Exhibit E Greenleaf Elementary 2017-204 2 WHEREAS, the Development Plans require the Owner to install and maintain an infiltration basin on a portion of the Apple Valley High, Valley Middle/Southview Elementary, Cedar Park Elementary, and Diamond Path Elementary (collectively the “Basin Properties”) and install, operate, and maintain an underground storm water infiltration system ("USWIS") on Greenleaf Elementary as depicted on the Development Plans; WHEREAS, the City requires the Owner to install, operate and maintain a pond and infiltration basin on each of the Basin Properties in accordance with the approved Development Plans and specifications, attached hereto as Exhibits “A,” “B,” “C,” and “D” and any subsequent revisions as required by the City Engineer; WHEREAS, the City requires the Owner to install, operate, and maintain an USWIS on Greenleaf Elementary as depicted on the development plan attached hereto as Exhibit “E” and any subsequent revisions as required by the City Engineer; WHEREAS, the purpose of installing and maintaining USWIS and infiltration basins is on-site storm water management and to promote the water quality and volume control of the City's water bodies; and WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction and maintenance of the USWIS and infiltration basins on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each Party to the other, as hereinafter set forth, the Parties agree as follows: 1. INFILTRATION BASINS. 1.1. Construction and Maintenance. The Owner shall construct and maintain the ponds and infiltration basins on the Basin Properties in accordance with the approved Development Plans. 1.1.1. Maintenance Obligation. The Owner shall maintain and repair, when necessary, the ponds and infiltration basins in accordance with the terms and conditions set forth in this Agreement. If at any time a pond or infiltration basin fails to conform to the standards and the specifications set forth in the approved Storm Water Management Report provided by Owner on file with the City Engineer and incorporated herein by reference, the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the infiltration basin to the standards set forth herein. If the City 3 approves a proposed remediation plan and schedule, the Owner shall perform the remediation in compliance therewith. 1.1.2. Snow and Leaves Removal and Prohibited Storage. The Owner shall sweep clean the private streets, driveways, parking area and walkways on the Basin Property in April or May each year to remove from the Basin Property substantially all sand and salt deposited on the private streets, driveways, parking area and walkways. The Owner shall remove substantially all tree leaves from the Basin Properties after they fall to the ground in October or November each year. The Owner shall not deposit or store snow within the infiltration basins. 1.1.3. Personal Property or Debris Storage Prohibited. The Owner shall not deposit or store any personal property or debris, litter, or other objects within the ponds or infiltration basins and the Owner shall keep the infiltration basins substantially clear of any debris, leaves, litter, or other objects. 1.1.4. Maintenance of Vegetation. The Owner shall maintain and, when necessary, replace the approved plants and vegetation set forth in the Development Plans attached hereto as Exhibits “A,” “B,” “C,” and “D”. Notwithstanding normal plant maintenance, such as pruning, dividing or thinning vegetation, the Owner shall seek approval from the City before altering the plants used in the infiltration basins. The Owner shall not use any chemicals within the infiltration basins unless first approved by the City and only when necessary for the protection of the infiltration basin s or its vegetation. The Owner shall repair any erosion within or surrounding the infiltration basins. 1.1.5. Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the ponds and infiltration basins. 1.2. Inspections. 1.2.1. Monthly Inspections. The Owner shall conduct monthly inspections of the ponds and infiltration basins, at the Owner’s sole cost and expense, to ensure the infiltration capacity and healthy plant communities are maintained. If necessary, the Owner shall repair the ponds and infiltration basin if the infiltration capacity or healthy plant community is not in conformance with the standards set forth herein. Repairing landscape and vegetation to maintain a healthy plant community may include replacement of dead or diseased plants, vegetation or mulch and removal of noxious weeds, litter or other debris. 1.2.2. Annual Inspections. The ponds and infiltration basins shall be inspected annually by a Qualified Person selected by the Owner to determine 4 whether or not the infiltration basins are functioning in accordance with the Specifications and this Agreement, including but not limited to the Infiltration Capacity. As used in this Agreement, the term “Qualified Person” shall mean a professional engineer licensed by the State of Minnesota, or a person approved by the City Engineer based on training and experience. The Owner’s responsibilities under this Section shall be at the Owner’s sole cost and expense. If, as a result of the inspection, any infiltration basin is determined not to be functioning in accordance with the Specifications and this Agreement, the Owner shall restore/repair such infiltration basin to function as specified herein. Upon request from the Owner, the City Engineer may establish an inspection schedule permitting such inspections to be performed less frequently than annually, but the City Engineer may reinstate the annual inspection schedule at any time by notice to the Owner. 1.2.3. City Notification and Independent Inspection. The City shall be notified at least 48 hours prior to the annual inspections or any maintenance of any infiltration basin on the Basin Property. At the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Basin Property to inspect the infiltration basins at any time, but the City shall use reasonable efforts to notify the Owner of its intent to enter any Basin Properties to inspect. 1.2.4. Inspection and Maintenance Report. The owner shall submit a report to the City, no later than two (2) weeks after any annual inspection or maintenance of the infiltration basins. The report shall include the following: a. Date and time of inspection b. Log of findings c. Date and time of maintenance d. Log of maintenance performed. 1.2.5. Notice of Routine Maintenance Not Required. The provisions of Sections 1.2.3. and 1.2.4. requiring notification and reporting to the City shall not apply to the routine maintenance, such as debris removal, normal plant maintenance and sweep cleaning. 1.3. Remediation and Waiver of Rights. 1.3.1. Remediation Plan. If the City determines that any infiltration basin does not conform to the Infiltration Capacity or any other requirements of the Specifications or this Agreement, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty (30) days after receipt of such notice or within thirty (30) days from when the Owner becomes aware of 5 any non-compliance, whichever first occurs. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within fourteen (14) days after receipt of such notice. 1.3.2. Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City-approved remediation plan to bring the non-compliant infiltration basin into compliance with the infiltration capacity or specifications in the Development Plans, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the non-compliant infiltration basin and complete all work necessary to correct the infiltration basin so as to bring it into compliance with the specifications set forth herein. 1.3.3. Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the non-compliant infiltration basin and all work completed by the City to bring the non-compliant infiltration basin back into compliance with the specifications. 1.3.4. Waiver of Rights. If the Owner does not timely reimburse the City, the City may recover its costs by levying a special assessment against the Properties. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the Property. The Owner retains any rights to hearings or notice of hearings relating to the levying of any City assessments but, otherwise, does waive the right to contest the assessments under Minnesota Statutes § 429.081. 1.3.5. Right of Entry. The City shall have the right to enter the Basin Properties to inspect and to implement the terms of this Paragraph 1. The City shall not be subject to or liable for any claims of trespass by the Owner. 2. UNDERGROUND STORM WATER INFILTRATION SYSTEM (GREENLEAF). 2.1. Maintenance and Inspection. The Owner shall substantially comply with all installation, inspection and maintenance recommendations in the StormTech Design Manual: StormTech Chamber Systems for Stormwater Management (the “Guide”) dated 2014 and on file with the City Engineer, incorporated herein by reference, and the following additional requirements, all at the Owner’ sole cost and expense: 2.1.1. Inspection. The USWIS shall be inspected as specified in the Guide by a Qualified Person, as defined in Paragraph 1.2.2. and selected by the Owner. 6 2.1.2. City Notice and Inspector. The City shall be notified at least 48 hours prior to any inspection or maintenance of the USWIS and, at the sole cost and expense of the City, a representative of the City may observe any inspection or maintenance of the USWIS. 2.1.3. Inspection and Maintenance Report. The Owner shall submit a report to the City no later than two weeks after any inspection or maintenance of the USWIS. The report shall include the following: a. Date and time of inspection; b. Log of findings; c. Date and time of maintenance; and d. Log of maintenance performed. 2.1.4. Notice of Routine Maintenance Not Required. The provisions of Sections 2.1.2. and 2.1.3. requiring notification and reporting to the City shall not apply to routine maintenance. 2.1.5. Independent Inspection. Within 24 hours of notification by the City, the Owner shall allow the City, its agents and employees, at the sole cost and expense of the City, access to Greenleaf Elementary and through any and all inspection ports for the purpose of measuring water levels in the StormTech chamber system (as described in the Guide), isolator rows, and inlet and outlet manholes. 2.1.6. Remediation Plan. If at any time the USWIS (i) fails to meet the infiltration volume requirements as represented in the Guide, or (ii) fails to achieve complete infiltration within seventy-two (72) hours after any rain event (collectively, the “Requirements”), the Owner shall promptly notify the City of the deficiency in writing. The Owner shall submit to the City a proposed remediation plan and schedule to the City within thirty (30) days after the Owner is aware of such deficiency. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency and the Owner shall submit to the City a revised remediation plan and schedule within fourteen (14) days of such notice herein. If the City approves a proposed remediation plan and schedule, the Owner shall perform remediation in compliance therewith. 2.1.7. Replacement. If the Owner fails to submit a proposed remediation plan and schedule that is reasonably acceptable to the City within fourteen (14) days after the Owner receives notice of the proposed remediation plan and schedule decision, or if remediation fails to bring the USWIS into compliance with the Requirements, then the Owner shall replace the USWIS or any portion thereof as may be reasonably required by the City. 7 2.1.8. Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City-approved remediation plan to bring the USWIS into compliance or to replace the USWIS as outlined herein, the City shall have the right, but no obligation, to prepare a remediation or replacement plan for the non- deficient USWIS and complete all work necessary to correct the deficient USWIS so as to bring it into compliance with the Requirements. 2.1.9. Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the deficient USWIS and all work completed by the City to bring the deficient USWIS back into compliance with the Requirements. 2.1.10. Waiver of Rights. If the Owner does not timely reimburse the City, the City may recover its costs by levying a special assessment against the Properties. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to Greenleaf Elementary. The Owner retains any rights to hearings or notice of hearings relating to the levying of any City assessments but otherwise does waive the right to contest the assessments under Minnesota Statutes § 429.081. 2.1.11. Right of Entry. The City shall have the right to enter Greenleaf Elementary to inspect and to implement the terms of this Paragraph 2. The City shall not be subject to or liable for any claims of trespass by the Owner. 3. Standards for Performance. Any act of construction, maintenance, or repair performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 4. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, and may condition consent upon such terms as the City deems desirable. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgment, not to institute any legal proceedings against the City o n the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and, to the extent permitted by Minnesota law, to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval 8 granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 5. Good Faith Resolution. The terms of this Section 5 shall take precedence over any conflicting terms of this agreement. 5.1. Before the City undertakes to remediate any instances of alleged deficiency or non-compliance on its own accord pursuant to Sections 1.3.2 or 2.1.8., if there is no risk of immediate and irreparable damage to the health of the property, the City and the Owner shall work together in good faith to attempt to mutually resolve the matter prior to the City engaging in its own remediation efforts. 5.2. Remediation or replacement actions shall be required of the Owner only when such actions are necessary to bring the applicable property into compliance with the written Specifications, standards or Requirements stated or referenced herein. Remediation plans that would satisfactorily cure an alleged deficiency within a reasonable period of time shall be approved by the City. Either party may seek judicial enforcement of this provision. 5.3. Prior to entering the Owner’s property, the City shall provide notice to the Owner as specified in this Agreement, and, if no notice period has been specified, then reasonable notice. Each party shall be responsible for the actions or omissions of its own employees or agents, and shall not seek to hold the other liable or responsible for an y physical injury or property damage caused by its own employees or agents. 6. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 7. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. [Signature page to follow] 9 INDEPENDENT SCHOOL DISTRICT 196, a Minnesota public body ____________________________________ By: Jackie Magnuson Its: Chairperson of the School Board ____________________________________ By: Sachin Isaacs Its: Clerk CITY OF APPLE VALLEY ____________________________________ By: Mary Hamann-Roland Its: Mayor ____________________________________ By: Pamela J. Gackstetter Its: City Clerk 10 STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) On this _____ day of _____________________, 2018, before me a Notary Public within and for said County, personally appeared Jackie Magnuson, to me personally known, who being by me duly sworn, did say that she is the Chairperson of the School Board of Independent School District 196, a Minnesota public body named in the instrument, and that said instrument was signed on behalf of said nonprofit corporation as the free act and deed of the entity. _____________________________ 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 Sachin Isaacs, to me personally known, who being by me duly sworn, did say that he is the Clerk of the School Board of Independent School District 196, a Minnesota public body named in the instrument, and that said instrument was signed on behalf of said nonprofit corporation as the free act and deed of the entity. _____________________________ Notary Public 11 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of _____________, 2018, before me a Notary Public within and for said County, personally appeared Mary Hamann-Roland to me personally known, who being by me duly sworn, each did say that she is the Mayor 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 acknowledged said instrument to be the free act and deed of said municipality. _____________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of _____________, 2018, before me a Notary Public within and for said County, personally appeared Pamela J. Gackstetter to me personally known, who being by me duly sworn, each did say that she is the 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 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 CIVIL ENGINEERAnderson-Johnson Associates, Inc.Valley Square Office Center, Suite 2007575 Golden Valley RoadMinneapolis, Minnesota 55427Tel: (763) 544-7129Fax: (612) 544-0531STRUCTURAL ENGINEERBKBM Engineers, Inc.5930 Brooklyn BoulevardMinneapolis, Minnesota 55429-2518Tel: (763) 843-0420Fax: (763) 843-0421MECHANICAL ENGINEERWold Architects and Engineers332 Minnesota StreetSuite W Two ThousandSaint Paul, Minnesota 55101Tel: (651) 227-7773Fax: (651) 223-5646ELECTRICAL ENGINEERWold Architects and Engineers332 Minnesota StreetSuite W Two ThousandSaint Paul, Minnesota 55101Tel: (651) 227-7773Fax: (651) 223-5646GALAXIE AVEMCANDREWS ROADCEDAR AVE S140TH ST WGREENLEAFELEMENTARYHGFEDCBA12345678109MNSet No:Comm No:7500 Olson Memorial Highway, Suite 300Golden Valley, MN 55427wenck.com | 952 837 33088/17/2017 12:46:11 PMC:\Users\bbryant\Documents\152312-2018 ADDITION_bbryant.rvtGREENLEAF / THOMAS LAKE / WESTVIEWELEMENTARY SCHOOLS 2018 ADDITIONISD #196: ROSEMOUNT - APPLE VALLEY - EAGAN PUBLIC SCHOOLSAPPLE VALLEY & EAGAN, MINNESOTAGREENLEAF ELEMENTARYCentral: \\Wae-srv-mn.woldae.com\StPaul\ISD196\ES_Greenleaf\152312 - 2018 Addition\02_ARCH\Revit\152312-2018ADDITION.rvt152312ISD #196: ROSEMOUNT -APPLE VALLEY - EAGANPUBLIC SCHOOLSGREENLEAF /THOMAS LAKE /WESTVIEWELEMENTARYSCHOOLS 2018ADDITION13333 GALAXY AVENUEAPPLE VALLEY, MINNESOTA 55124ARCHITECTURALGA0.01 CODE ANALYSISGA0.11 CODE PLANGA1.01 DEMOLITION PLANGA2.11 GREENLEAF ML FLOOR PLANGA3.11 REFLECTED CEILING AND ROOF PLANSGA5.11 ELEVATIONS / MATERIAL FINISH SCHEDULEGA5.21 WALL SECTIONSCIVILGC1.1 SITE REMOVALS PLANGC1.2 SITE & FINISHING & LANDSCAPING PLANGC1.3 GRADING PLANGC1.4 UTILITY & EROSION CONTROL PLANGC2.1 SITE DETAILSSTRUCTURALGS0.01 TITLE SHEETGS1.11 FOOTING AND FOUNDATION PLANGS1.12 ROOF FRAMING PLANGS2.11 SECTIONS AND DETAILSGS2.12 SECTIONS AND DETAILSGS3.11 SCHEDULES, SECTIONS, AND DETAILSMECHANICALGM0.01 TUNNEL DEMOLITION PLANGM0.11 MAIN LEVEL DEMOLITION PLANGM1.01 UNDERGROUND PLUMBING PLANGM1.02 TUNNEL PLUMBING PLANGM1.11 MAIN LEVEL PLUMBING PLANGM2.01 TUNNEL HYDRONIC PLANGM2.11 MAIN LEVEL HYDRONIC PLANGM3.11 MIAN LEVEL HVAC PLANGM4.01 MAIN LEVEL FIRE PROTECTION PLANGM5.01 MECHANICAL ROOF DEMOLITION AND NEW WORK PLANGM5.02 MECHANICAL ROOM PLANGM5.03 BOILER ROOM DEMOLITION AND NEW WORK PLANSGM5.04 SUPPLY RISER DIAGRAMGM5.05 WASTE AND VENT RISER DIAGRAMGM5.06 MECHANICAL DETAILSGM5.07 MECHANICAL DETAILSGM5.08 MECHANICAL SCHEDULES, SYMBOLS, LINETYPES, ANDABBREVIATIONSELECTRICALGE0.00 ELECTRICAL SYMBOLS AND ABBREVIATIONSGE0.01 SITE PLAN - REMOVALSGE0.02 SITE PLAN - ELECTRICALGE0.03 ELECTRICAL OVERALL PLANGE0.10 MAIN LEVEL DEMOLITIONGE1.00 MAIN LEVEL LIGHTING PLANGE2.00 MAIN LEVEL POWER AND BOILER PLANSGE3.00 MAIN LEVEL SYSTEMS PLANGE4.00 ELECTRICAL SCHEDULESGE5.00 RISE DIAGRAMS & DETAILSSURVEY FOR INFORMATIONAL PURPOSES ONLY Greenleaf Elementary Diamo nd Path Elementary Cedar Park Elementary Valley Middle School/Southview Eleme ntary Apple Valley High School 140th ST W I35E160th ST W (CS AH 46) 150th ST W (CS AH 42) CO R D 38 157th ST W 132nd S T W JOHNNY CAKE RIDGE RD150th ST (CS AH 42)PILOT KNOB RDPENNOCKAVEPALOMINODR147th ST WHAYES RDW HIT N EY DR FOLIAGE AVE145th ST W DIAMOND PATHFLAGSTAFF AVEDI AMONDP A THW127th S T W DODD BLVDELLICE TRCO RD 11GALAXIE AVE140th ST W GALAXIE AVEFLAGSTAFF AVEPILO TKNOBRDCO RD 38 CEDAR AVEC O R D 3 8 CEDAR AVEPENNOCK AVEDIAMOND PATH 160th ST W (CS AH 46)GARDEN VIEW DRISD 196 STORM WATER MANAGEMENT SITESIN APPLE VALLEY µ ISD 196 Sites w Storm Water Structures I T E M: 4.M. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Cost S hare Agreement with Dakota County for E lection E lectronic P ollbooks Hardware, S oftware, and Related S ervices S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the C ost Share Agreement between the C ity of Apple Valley and C ounty of Dakota for Election Electronic Pollbooks (ePollbooks) Hardware, Software, and Related Services, subject to minor modifications as approved by the City Administrator and C ity Attorney. S UM M ARY: In 2017, twelve cities requested D akota C ounty help to facilitate a C ounty-wide purchase of ePollbooks and to submit an application for grant funds. T he C ounty agreed. T he attached Cost Share Agreement addresses the purchase, maintenance, and use of the ePollbook equipment by the C ounty and the C ity. Per the agreement, 68 ePollbooks will be purchased for Apple Valley. Dakota C ounty will purchase the ePollbooks from KnowInk through a state contract. Similar to past election equipment purchases, the C ounty will maintain ownership and insure the equipment, and the cost of on-going maintenance will be split 50/50. T here are many advantages to utilizing this new technology. In addition to satisfying statutory requirements for protecting voter information on the rosters, the ePollbooks will assist in election administration and enhance the voter experience. Some of the key benefits include: Improved accuracy with voter names, election day registrations, and voter counts Improved accuracy with absentee/early voting designations Improved privacy for registered voters Faster check-in times for voters T he C ity Attorney has reviewed the proposed agreement. B AC K G RO UND: Dakota C ounty applied for and was awarded a grant by the State of Minnesota in the amount of $260,121.98 toward the total C ounty-wide purchase price of electronic rosters, estimated at $643,405.00. Apple Valley's portion of the grant is estimated at $32,093.26. T he grant is subject to a match of local funds. B UD G E T I M PAC T: T he original cost of ePollbooks for A pple Valley was estimated at $83,086.33. Once the grant funds of $32,093.26 are applied, it is estimated $50,993.07 will remain. T he remaining amount will be split equally between the C ity and Dakota County at $25,496.53 each. T he City's projected share of the ePollbook purchase is included in the 2018 Budget. AT TAC HM E NT S : Agreement COST SHARE AGREEMENT BETWEEN CITY OF APPLE VALLEY AND COUNTY OF DAKOTA FOR ELECTION ELECTRONIC POLL BOOKS HARDWARE, SOFTWARE, AND RELATED SERVICES This Agreement is entered into by and between the City of Apple Valley (“City”), 7100 147th Street West, Apple Valley, MN 55124 and the County of Dakota (“County”), 1590 Highway 55, Hastings, MN 55033. City and County are referred to individually as the “Party” and are collectively referred to as the “Parties”. WHEREAS, pursuant to Minn. Stat. § 471.59, two or more governmental units, by agreement through action of their governing bodies, may jointly exercise powers common to the governmental units; and WHEREAS, under Minnesota law the parties are empowered to purchase, use, and maintain electronic poll books, also referred to in law as “electronic rosters”; and WHEREAS, the County is the recipient of grant funds by the State of Minnesota for the purchase of electronic rosters, subject to a grant match of local funds; and WHEREAS, the Parties are desirous of cooperating for the purchase and implementation of an electronic poll book system through the State of Minnesota cooperative purchasing venture by use of the grant funds and funds by the Parties and other cities in Dakota County who enter into separate Cost Share Agreements with the County. NOW, THEREFORE, in consideration of the premises and covenants contained herein and subject to the provisions of Minn. Stat. § 471.59, the Parties agree as follows: I. PURPOSE The purpose of this Agreement is to authorize the County to purchase electronic poll book equipment, software, and related services (collectively, “electronic poll book system”) for use by the Parties and to establish the obligations of the Parties with respect to the implementation, use, and maintenance. II.TERM The term of this Agreement shall commence on the Effective Date, which is the date when all signatures of the Parties are obtained, and shall remain in full force and effect until the Expiration Date, which is the date when the Vendor Contract entered into pursuant to Section III. A. expires, this Agreement is terminated as provided herein, or by operation of law, whichever occurs first. This Agreement may be extended by written mutual agreement of the Parties. 2 III. DUTIES OF THE COUNTY In conformance with the provisions of Minnesota law and, specifically, Minn. Stat. § 16C.03,subd.10, the County will purchase an electronic poll book system through the State of Minnesota Cooperative Purchasing Venture (“CPV”) in consultation with the City. The electronic poll book system purchase will include vendor-supplied technical maintenance and regular maintenance and upgrades of the electronic poll book system, for at least five years from the date of purchase, including assurances of sufficient parts, supplies and accessories, warranty services, and trade-in allowance for all electronic poll book systems owned by the Parties. A. Award of Contract. The final decision on the vendor to whom the contract shall be awarded will be made by the Dakota County Board of Commissioners. The contract will be awarded to a vendor whose proposal meets all of the standards for electronic poll book systems required by Minnesota law (“Vendor Contract”) and will be purchased through the CPV. B. Purchase and Delivery. The County will enter into the Vendor Contract to purchase sufficient electronic poll book system devices for the City using funds awarded to the County in the State of Minnesota Voting Equipment Grant Agreement in the amount of $260,121.98 (“Grant Funds”) and funds provided by the Parties as provided in Section IV.C (together, “Purchase Price”). The County will be responsible for the payment to the vendor pursuant to the Vendor Contract. C. Invoice. The County will provide to the City a copy of the Vendor Contract and an invoice for the City Share of the Purchase Price as defined in Section IV.C. In addition, the County will share with the City its calculations used to determine the City Share and the City’s pro rata share of the annual maintenance costs, all as defined in Section IV.C and illustrated in Appendix A, attached hereto. D. Ownership. The County will own the electronic poll book system purchased pursuant to this Agreement, regardless of where the electronic poll book system may be stored or used. E. Acceptance Testing. The electronic poll book system will be delivered to a County location for acceptance testing by the Parties. F. Repairs and Maintenance. The County will arrange for all necessary repairs, maintenance and upgrades to the electronic poll book system between elections. When upgrades or other services are to be performed by the County or vendor on any part of the electronic poll book system, the City must transport the devices to a central location if requested by the County. 3 G. Licenses. The County will obtain all licenses and other rights necessary for the City to use the election hardware and software for its intended use. H. Insurance. The County will include the electronic poll book system on its commercial property casualty insurance coverage. IV. DUTIES OF THE CITY A. Testing. The City must provide enough staff to test the electronic poll book system for its intended use. B. Storage, Handling and Service. The City must provide safe storage and handling of the electronic poll book system when such equipment is in the City's possession. City must transport the devices to and from polling locations. The City must report any needed hardware and software maintenance, in writing, to the County. Any electronic poll book system problems on election days may be reported to the County orally. C. Payment. The County shall be responsible for the payment of one-half of the Purchase Price. The other one-half of the Purchase Price shall be paid by all cities participating in the purchase. Each city’s share of that one-half of the Purchase Price shall be determined by first calculating that city’s percentage of the total Purchase Price, then subtracting the same percentage of the grant funds from the city’s total cost (“City Share”). Attached hereto as Appendix A are Cost Projections and corresponding City Shares. The County will notify the City of its City Share upon entry into the Vendor Contract. Payment by the City to the County will be made in three equal annual installments, without interest, beginning the first day of the month immediately following delivery of the electronic poll book system packages to the City (years two and three shall be on the first day of the month that the first installment was made). The City may prepay installments at any time without penalty. The City will pay to the County its pro rata share of the annual maintenance costs for the electronic poll book system. The City’s pro rata share shall be based on the total number of electronic poll book system packages purchased under the Vendor Contract divided by the number of packages purchased for the City’s use. The City will pay the County within 45 calendar days of receipt of an invoice from the County. D. Additional Election Hardware and Software. The County will purchase additional election hardware and software to meet the City's needs in connection with the addition of voting precincts to the City. The cost of such election hardware and 4 software will be split equally between the City and the County. The City will pay the County in a lump sum within 45 days of receipt of an invoice from the County. V. INDEMNIFICATION A. City. The City will defend and indemnify the County, its elected officials, employees, and agents and hold them harmless from all claims and damages arising out of the use, transport, storage, handling, or maintenance of the electronic poll book system, which are attributable to the intentional, willful, or negligent acts or omissions of the City, its elected officials, employees, or agents. B. County. The County will defend and indemnify the City, its elected officials, employees, and agents and hold them harmless from all claims and damages arising out of the solicitation and award of the Vendor Contract and arising out of the transport, handling, or storage of the electronic poll books attributable to the intentional, willful, or negligent acts or omissions of the County, its elected officials, employees, or agents. The County does not warrant nor does it indemnify the City for performance of or failure to perform by the Contract Vendor for the electronic poll book system. Nevertheless, the County will pursue any and all rights it may have with respect to warranties, when requested by the City or when necessary, to assure conformance with the intended use of the electronic poll book system. C. Municipal Tort Claims Act. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the Parties’ acts or omissions. Each Party warrants that it is able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. For purposes of determining total liability for tort damages which may arise from this Agreement, the Parties are to be considered a single governmental unit. VI. STATE AUDIT Under Minn. Stat. § 16C.05, subd. 5, each Party’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the Expiration Date of this Agreement. VII. GOVERNMENT DATA PRACTICES For purposes of this Agreement, all data created, collected, received, stored, used, maintained, or disseminated by the Parties in the performance of this Agreement is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and its 5 implementing rules, as well as any other applicable State or Federal laws on data privacy or security. Each Party shall provide the other Party with prompt notice of a breach of the security of data defined in Minn. Stat. § 13.055, subd. 1(a) or suspected breach of the security of data and shall assist in remedying such breach. Providing or accepting assistance does not constitute a waiver of any claim or cause of action for breach of contract. The Parties shall promptly notify each other when any third-party requests data related to this Agreement, the electronic poll book system or the Vendor Contract. The Party who originated the data subject to the request will give the Party receiving the request instructions concerning the release of the data to the data requester before the data is released. VIII. VENUE Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate court of competent jurisdiction in Dakota County, Minnesota. IX. TERMINATION The County will notify the City if its City Share as stated in Appendix A is increased due to one or more cities’ failure to execute a Cost Sharing Agreement, a change in the amount of Grant Funds, or a change in the Purchase Price. The City will then have ten (10) business’ days from the date of the notification by the County to terminate this Agreement by written notice to the County. Otherwise, the parties must mutually agree to terminate this Agreement in writing by the undersigned or their successors. X. MISCELLANEOUS PROVISIONS A. Severability. The provisions of this Agreement are severable. If any provision of this Agreement is void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this Agreement, unless the void, invalid, or unenforceable provision substantially impairs the value of the entire Agreement with respect to either Party. B. Assignment. No Party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Party and an assignment agreement, approved and executed by all Parties to this Agreement, or their successors in office. C. Amendments. Any amendment to this Agreement must be in writing and is not effective until approved and executed by all Parties to this Agreement, or their successors in office. 6 D. Waiver. If any Party fails to enforce any provision of this Agreement, such failure does not waive the provision or its right to enforce it. E. Contract Complete. This Agreement contains all negotiations and agreements between the Parties. No other understanding regarding this Agreement, whether written or oral, is binding on any Party. F. Compliance with Laws. The Parties shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement. XI. GENERAL CONDITIONS GOVERNING OPERATION OF THE SYSTEM A. City shall distribute electronic poll books to precincts in the quantities advised by the County in each election held in the City through 2020. B. Devices requiring maintenance must be identified by the City to the County for reporting to the Contract Vendor within 14 days after an election using the procedure agreed to with the County. C. City must conduct testing on all devices prior to deployment. D. City must follow the County timeline for electronic poll book roster loading and completed file upload after an election. E. City must only use the polling place procedures approved by or from the County or the Minnesota Secretary of State. F. Electronic poll books are to be utilized for election purposes only, and no other function. Electronic poll books are not to be used to scan ID cards of registered voters. G. Voter data of any kind may not be transmitted wirelessly through any device/network/etc. other than the equipment provided for the electronic poll books. [Remainder of Page Intentionally Left Blank] 7 IN WITNESS WHEREOF, the City and the County have caused this Agreement to be executed on their behalf. COUNTY OF DAKOTA CITY OF APPLE VALLEY By: ______________________________ By: _________________________________ Mayor Name: ___________________________ Date: ______________________________ Title:_____________________________ By: ________________________________ City Clerk Date: ____________________________ Date: ____________________________ Approved as to form: _________________________________ Assistant County Attorney/Date File No. KS-18-164-1 CONTRACT\2018\KS18-164-1 Apple Valley 2018 Cost share for epollbooks.docx 8 Appendix A COST PROJECTIONS* City Precinct Totals Meraki and iSync Drive Spares Software Subtotal for City City Total as Percentage of Purchase Amount of Grant to Apply toCcity Grant Applied City share County Share Apple Valley $ 76,595.50 $ 1,065.00 $ 342.50 $ 5,083.33 $ 83,086.33 12.3% $ 32,093.26 $ 50,993.07 $ 25,496.53 $ 25,496.53 Burnsville $ 96,146.00 $ 1,065.00 $ 342.50 $ 5,083.33 $102,636.83 15.2% $ 39,644.92 $ 62,991.91 $ 31,495.96 $ 31,495.96 Eagan $100,774.00 $ 1,065.00 $ 342.50 $ 5,083.33 $107,264.83 15.9% $ 41,432.55 $ 65,832.28 $ 32,916.14 $ 32,916.14 Farmington $ 31,239.00 $ 1,065.00 $ 342.50 $ 5,083.33 $ 37,729.83 5.6% $ 14,573.68 $ 23,156.15 $ 11,578.08 $ 11,578.08 Hastings $ 36,284.50 $ 1,065.00 $ 342.50 $ 5,083.33 $ 42,775.33 6.4% $ 16,522.57 $ 26,252.76 $ 13,126.38 $ 13,126.38 Inver Grove Heights $ 53,378.00 $ 1,065.00 $ 342.50 $ 5,083.33 $ 59,868.83 8.9% $ 23,125.18 $ 36,743.65 $ 18,371.83 $ 18,371.83 Lakeville $ 90,178.00 $ 1,065.00 $ 342.50 $ 5,083.33 $ 96,668.83 14.4% $ 37,339.69 $ 59,329.14 $ 29,664.57 $ 29,664.57 Mendota Heights $ 17,695.00 $ 1,065.00 $ 342.50 $ 5,083.33 $ 24,185.83 3.6% $ 9,342.12 $ 14,843.71 $ 7,421.86 $ 7,421.86 Northfield $ 2,538.50 $ 1,065.00 $ 342.50 $ 5,083.33 $ 9,029.33 1.3% $ 3,487.71 $ 5,541.62 $ 2,770.81 $ 2,770.81 Rosemount $ 30,776.00 $ 1,065.00 $ 342.50 $ 5,083.33 $ 37,266.83 5.5% $ 4,394.84 $ 22,871.99 $ 11,436.00 $ 11,436.00 South St Paul $ 31,691.50 $ 1,065.00 $ 342.50 $ 5,083.33 $ 38,182.33 5.7% $ 14,748.46 $ 23,433.87 $ 11,716.93 $ 11,716.93 West St Paul $ 28,244.50 $ 1,065.00 $ 342.50 $ 5,083.33 $ 34,735.33 5.2% $ 13,417.01 $ 21,318.32 $ 10,659.16 $ 10,659.16 $673,430.46 100% $260,121.98 $413,308.48 $206,654.24 $206,654.24 *The information in this Appendix A is informational only and based on all cities identified in the chart executing a Cost Sharing Agreement, the County’s receipt of grant funds in the amount of $260,121.98 and a total Purchase Price of $643,405.00. If one or more of these factors changes, the City Share will likely increase. I T E M: 4.N. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Two-Year A greement with Midwest Vending Services, I nc., for Coin-Operated Vending S ervices at Municipal B uildings S taff Contact: Director, Barry Bernstein Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve a two-year agreement with Midwest Vending Services, Inc., for coin-operated vending at six municipal buildings: Municipal C enter, Central Maintenance, Community Center, Senior Center, Hayes Park Arena, and the Sports Arena. S UM M ARY: Midwest Vending Services, Inc., wishes to enter into a two-year agreement with the C ity of Apple Valley for coin-operated vending services at six municipal buildings. Staff recommends approval of the service agreement with Midwest Vending Services, Inc. B AC K G RO UND: Coin-operated vending has been handled in various ways at city facilities. At Parks and Recreation facilities, snacks have been provided by one company, Midwest Vending, and beverages have been handled by another, C oke. At the Municipal C enter and the Central Maintenance Facility snacks have been provided by a company that is going out of business and beverages have been coordinated through C ity Staff. In an effort to streamline services and be consistent, Staff is proposing using Midwest Vending Services, Inc., for all coin-operated vending in the six buildings. T he City will be paid commissions on snack and beverage sales. An agreement with Midwest Vending Services, Inc., is attached for C ity C ouncil consideration. B UD G E T I M PAC T: Estimate of $1,200.00 annual revenue. Actual amount will depend on snack and beverage sales. AT TAC HM E NT S : Agreement Exhibit Exhibit Midwest Vending Services, Inc. 11750 Millpond Avenue Burnsville, Minnesota 55337 Office 952-707-1990 Fax 952-707-1994 Service Agreement The following is an agreement between City of Apple Valley and Midwest Vending Services, Inc. This agreement will have a term of two (2) years by mutual agreement. The term of this agreement will commence May 1, 2018 and terminate on April 30, 2020. It is understood by both parties that coin operated vending service shall be supplied exclusively by Midwest Vending Services, Inc. It is also understood that Midwest Vending Services, Inc. is responsible for filling, maintenance, operation, insurance, taxes and licenses. City of Apple Valley shall provide electricity where necessary, to insure uninterrupted operation. Midwest Vending Services, Inc. – Insurance coverage Coverage Minimum Limits Commercial General Liabilities Combined Single Limit $1,000,000 or Bodily Injury/Property Damage $1,000,000 each occurrence Automobile Liability Combined Single Limit $1,000,000 or Bodily Injury/Property Damage $ 500,000 Each Person $1,000,000 Each occurrence Workmen’s compensation as required by law. In addition to all listed coverages, Contractor shall procure and maintain an Umbrella or Excess liability policy in a minimum limit of $1,500,000. This agreement may not be canceled by, City of Apple Valley or Midwest Vending Services, Inc., at any time without cause. City of Apple Valley may cancel this contract for breach, which shall consider such items as, but not limited to: insufficient insurance coverage, failure to enforce required standards of sanitation or quality of service. City of Apple Valley shall provide ten (10) calendar working days written notice of contract breach and unless within ten (10) calendar days such neglect has ceased and arrangements made to correct, City of Apple Valley may cancel this contract by giving thirty - (30) days written notice of its intention to cancel this contract. Agreement - Midwest Vending Services, Inc. - 2018 Page 2 of 2 EXECUTED as of the day and year written below. CITY OF APPLE VALLEY Date By Mary Hamann-Roland, Mayor Date And Pamela J. Gackstetter, City Clerk MIDWEST VENDING SERVICES, INC. Date By Warren Jackson, Date And STATE OF MINNESOTA ) ) SS. COUNTY OF ______________ ) On this _____ day of ______________, 2018, before me personally appeared ___________________________ and _________________________, to me known who, being by me duly sworn, did say that they are respectively the ___________________________ and ______________________ of ________________________________, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, and said officers acknowledged the instrument to be the free act and deed of said corporation. (Notarial Seal) Notary Public City of Apple Valley and Midwest Vending Services, Inc. Effective May 1, 2018 Attachment “A” 1. All equipment to have debit/credit card feature available. 2. Equipment to provide 24 hour remote machine inventory monitoring system. 3. Equipment to accept USConnect rewards cards – no transaction fees. 4. Commission will be paid on machines/locations, were the sales and pricing allow for a return. 5. The following is the commission or no commission structure by location: Commission locations: AV Community Center AV Sports Arena Hayes Park Arena (during busy hockey season) Bottle Pop $2.25 @ 25% or $2.00 @ 12% Can Pop $1.00 @ 18% Snacks $1.00 - $2.50 - AV Sports Arena 12% Candy 20% Snacks AV Community Center 10% Candy 15% Snacks Hayes Park Arena 7% Candy 15% Snacks AV Senior Center – Bottle Pop $2.00 @ 12% No Commission locations: (sell prices to reflect no commission) AV Senior Center – on Snacks AV Municipal Center - City Hall AV Central Maintenance Facility - Public Works City of Apple Valley Date of Install 1. AV Community Center – 14603 Hayes Road, Apple Valley, MN 55124 April 26  Snack – existing  Coke stacker – existing  Glassfront beverage – new 2. Hayes Park Arena – April 26 14603 Hayes Road, Apple Valley, MN 55124  Snack – existing  Glassfront – new 3. AV Sports Arena - High School April 26 14452 Hayes Road, Apple Valley, MN 55124  Snack – existing  Glassfront beverage – new  Stacker – install this in late August 4. AV Senior Center April 24 14603 Hayes Road, Apple Valley, MN 55124  Snack – existing  Beverage – takeover the existing Coke machine 5. AV Municipal Center - City Hall April 24 7100 147th Street, Apple Valley, MN 55124 Floor 2  Snack – AMS  Beverage Stacker Floor 1  Glassfront beverage 6. AV Central Maintenance Facility - Public Works April 24 6442 -140th Street, Apple Valley, MN 55124 Floor 2 –  Snack – AMS  Glassfront beverage Floor 1 – hallway  Beverage Stacker I T E M: 4.O. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Agreement with J irik Sod Farm, I nc., for Project 2018-127, 2018 Sod Replacement S ervices S taff Contact: Michael Glewwe, P ublic Works S uperintendent - Streets Department / Division: S treets Division AC T I O N RE Q UE S T E D: Approve agreement with J irik Sod Farm, Inc., for Project 2018-127, 2018 Sod Replacement Services in the amount of $12,540. S UM M ARY: On March 1, 2018, C ity staff solicited quotations from five companies for sod replacement services to repair sod damaged during winter snowplow operations, and water break and curb stop repairs. J irik Sod Farm submitted the low quote. T he agreement includes replacing sod damaged by snowplowing and Utility Maintenance repairs at various locations throughout the City for a cost of $1.65 per square foot (see attached Exhibit A - Bid Tab). A standard City agreement will be utilized for this project. B AC K G RO UND: N/A B UD G E T I M PAC T: Funding for this project is included in the 2018 operating budget for the Public Works Street and Utilities Divisions. AT TAC HM E NT S : Exhibit Exhibit A BID TABULATION PROJECT 2018-127 2018 Sod Replacement Services ITEM EST.UNIT TOTAL UNIT TOTAL No.ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE 1 SNOWPLOW DAMAGE REPAIRS SF 5,000 $1.65 $8,250.00 $3.15 $15,750.00 2 UTILITY MAINT. REPAIRS SF 2,600 $1.65 $4,290.00 $3.00 $7,800.00 TOTAL BID $12,540.00 $23,550.00 J.W.S. Construction LLCJirik Sod Farm Inc. S:\public-works\private\Projects\2018 Public Infrastructure Projects\2018-127 2018 Sod Replacement Services\Bid Tab 2018-127.xls I T E M: 4.P. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Agreement with Nordic Services, I nc., d/b/a Nordic Mechanical S ervices for P roject 2018-135, Well 5 Air Conditioner I nstallation S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Approve Agreement with Nordic Services, Inc. d/b/a Nordic Mechanical Services for Project 2018-135, Well 5 air conditioner installation in the amount of $15,525.00. S UM M ARY: T he C ity received quotes to replace the air conditioning unit at Well 5. Nordic Mechanical Services provided the the low quote. A standard City agreement will be utilized for this project. B AC K G RO UND: Nordic has performed work to install HVA C equipment for the C ity. T he existing water cooled air conditioning unit has failed. Well 5 has a natural gas engine and without a means to cool the room temperature, the well cannot be utilized in the summer when water demand is at its greatest. B UD G E T I M PAC T: Funding for the air conditioner replacement is included in the 2018 Public Works Utilities Division Water Fund operating budget. Quotes:5320.6735 2018-135 Nordic Mechanical Services $15,525.00 Wenzel Heating and Air C onditioning $21,900.00 AT TAC HM E NT S : Quotation I T E M: 4.Q. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Agreement with Hawkins, I nc., for P roject 2018-138, Outdoor P ool Water Management S taff Contact: Director Barry Bernstein Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve the agreement with Hawkins, Inc., for Project 2018-138, Outdoor Pool Water Management, in the amount of $79,635.00. S UM M ARY: Hawkins, Inc., has provided the lowest responsible quotation for water treatment services for Apple Valley Family Aquatic C enter and Redwood Pool. T hey have a satisfactory service track record and staff recommends entering into an agreement with them for the 2018 Outdoor Pool Water Management. A standard City of Apple Valley Agreement will be utilized. B AC K G RO UND: Written quotations were solicited for the purpose of providing water treatment at Apple Valley Family Aquatic C enter and Redwood Pool for the 2018 summer season. A quotation was received from Hawkins, Inc., in the amount of $79,635.00. Hawkins, Inc., has been awarded the service contract the last several years, is familiar with the facilities, and has done an acceptable job. Staff recommends entering into an agreement with Hawkins, Inc., for the 2018 Outdoor Pool Water Management. B UD G E T I M PAC T: $79,635.00 Funds have been allocated within the 2018 Budget for this service. AT TAC HM E NT S : Exhibit Quotation PROJECT 2018-131, OUTDOOR POOL WATER MANAGEMENT- Specifications Page 1 of 2 CITY OF APPLE VALLEY PROJECT 2018-131, OUTDOOR POOL WATER MANAGEMENT SPECIFICATIONS February 26, 2018 It is the intent of these specifications to describe the water management requirements of Apple Valley’s two outdoor pools. The Apple Valley Family Aquatic Center at 14421 Johnny Cake Ridge Road is operational from June 1 through August 27, 2018. Redwood Outdoor Pool at 311 150th Street West is operational from June1 through September 3, 2018. All prices must include all applicable taxes. Payment schedules other than full payment upon completion should be included if desired. All operations must comply with Minnesota Pool Code Rules applicable in 2018. Proposal should include the following: 1.) Company background and information. 2.) Any special or unusual services you offer. 3.) The cost for providing: A.) All pool chemicals and delivery system installed and operated, including water balancing chemicals. This includes chemicals for filter cleaning and fungicide. Both facilities use gas chlorine for disinfection. B.) Daily water testing and documentation provided in an on -site logbook. A copy of this record will be provided to the City of Apple Valley by September 15, 2018. C.) Pool chemical monitoring, how often and in what manner. D.) Pool mechanical equipment daily maintenance. E.) Pool vacuuming and wall brushing five times per week. F.) Polishing of stainless steel deck equipment four times per year. G.) Cleaning pool gutter dropouts as needed. H.) Backwashing pool filters as needed and indicated by pressure readings or required by Minnesota Department of Health Code. I.) Cleaning hair and lint strainers as needed. J.) Contacting the Recreation Supervisor regarding warranty issues or repair work needed. K.) Maintaining the chemical parameters as specified by the Minnesota Department of Health. L.) Representative will meet with on-site managers and be prepared to discuss water management issues. 4.) A list of any equipment you expect the City of Apple Valley to provide. 5.) Any services that you are not providing that are usually included in pool maintenance. 6.) A list of customer references with contact name and phone number. PROJECT 2018-131, OUTDOOR POOL WATER MANAGEMENT- Specifications Page 2 of 2 Proposals shall be submitted upon the Proposal Forms, attached hereto, no later than March 26, at 4:00 pm and directed to: City of Apple Valley Attn: Mike Endres 7100 – 147th Street West Apple Valley, MN 55124 The City reserves the right to reject any or all proposals and make a decision in the best interest of the City of Apple Valley. I T E M: 4.R. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove P ersonnel Report S taff Contact: Melissa Haas, Human Resources Manager Department / Division: Human Resources Division AC T I O N RE Q UE S T E D: Approve the personnel report. S UM M ARY: T he employment actions attached to this memo are recommended for City C ouncil Approval. B AC K G RO UND: T he City Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. B UD G E T I M PAC T: Budgeted positions. AT TAC HM E NT S : Personnel Report PERSONNEL REPORT April 12, 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) Diane Barse Rehire Elections Assistant Casual, Seasonal 1015 $ 18.00 Hourly C-10 6/1/2018 Collin Beane Hire Lifeguard I Casual, Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018 Molly Beckman Rehire Lifeguard II Casual, Seasonal 1940 $ 11.95 Hourly C-03 6/1/2018 Owen Benson Hire Lifeguard I Casual, Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018 Jack Beran Rehire Maintenance I Casual, Seasonal 1710 $ 12.48 Hourly SM1 5/15/2018 Keith Browning Accept Resignation Firefighter Paid on Call Volunteer 1300 3/30/2018 Jean Bryant Rehire Elections Assistant Casual, Seasonal 1015 $ 18.00 Hourly C-10 6/1/2018 Wayne Criger Accept Retirement Police Officer Full-Time, Regular 1200 5/23/2018 Sam Finnerty Hire Maintenance I Casual, Seasonal 1710 $ 12.16 Hourly SM1 5/15/2018 Kyle Forgette Hire Maintenance I Casual, Seasonal 5305 $ 12.16 Hourly SM1 5/15/2018 Andrew Gilbert Rehire Golf Outside Service Attendant Casual, Seasonal 5105 $ 10.25 Hourly C-01 4/15/2018 Vincent Herber Hire Maintenance I Casual, Seasonal 1710 $ 12.16 Hourly SM1 5/15/2018 Tyra Jaramillo Rehire Maintenance I Casual, Seasonal 1710 $ 12.48 Hourly SM1 5/15/2018 James Jospeh Rehire Maintenance I Casual, Seasonal 5105 $ 12.48 Hourly SM1 5/15/2018 Joseph Larson Hire Maintenance I Casual, Seasonal 1710 $ 12.16 Hourly SM1 5/15/2018 Bennett LeTourneau Rehire Maintenance I Casual, Seasonal 1710 $ 12.48 Hourly SM1 5/15/2018 Justin Louis Rehire Maintenance II Casual, Seasonal 1710 $ 14.67 Hourly SM2 4/2/2018 David Mix Casual to Full- Time Maintenance I Full-Time, Regular 1600 $ 20.50 Hourly UM1 4/13/2018 Kyle Rathman Rehire Maintenance I Casual, Seasonal 1710 $ 12.48 Hourly SM1 5/15/2018 John Robertson Accept Retirement Firefighter Paid on Call Volunteer 1300 3/30/2018 Bryant Ruff Hire Maintenance I Casual, Seasonal 1710 $ 12.16 Hourly SM1 5/15/2018 Wyatt Soderholm Rehire Maintenance I Casual, Seasonal 5105 $ 12.16 Hourly SM1 5/15/2018 Jacob Sweitzer Rehire Maintenance I Casual, Seasonal 1710 $ 12.48 Hourly SM1 5/15/2018 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 2 PERSONNEL REPORT April 12, 2018 City of Apple Valley Human Resources First Name Last Name Action Position Status Dept. Base Pay Rate Pay Type Pay Scale Date (on or about) Jason Williams Hire Maintenance I Casual, Seasonal 1710 $ 12.16 Hourly SM1 4/2/2018 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 2 of 2 I T E M: 4.S. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Consent A genda Description: A pprove Claims and B ills S taff Contact: Ron Hedberg, Finance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: Approve claims and bills. S UM M ARY: Attached for C ity C ouncil review and approval are check registers for recent claims and bills. B AC K G RO UND: N/A B UD G E T I M PAC T: Check registers dated March 14, 2018, March 26, 2018, and March 28, 2018, in the amounts of $1,038,955.39, $911,359.31, and $721,706.83 respectively. AT TAC HM E NT S : Claims and Bills Claims and Bills Claims and Bills I T E M: 5.A. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Regular A genda Description: Firefighter I ntroductions and Oaths of Office S taff Contact: Nealon P. Thompson, Fire Chief Department / Division: Fire Department AC T I O N RE Q UE S T E D: City C lerk Pamela G ackstetter will administer the Oath of Office to Firefighters who recently completed probation, which will be immediately followed by the pinning of the Firefighter's Badge. Each Firefighter has chosen someone special to them to bestow the honor of pinning on their badge for the first time. S UM M ARY: Hired in 2016 Probationary Firefighters Mason J urchisin, J ody Larsen, and C ory Wiebusch began their service with the Apple Valley Fire Department. T he three of them attended a recruit academy for seven months, completing course work online and one day a week learning the practical skills of firefighting, rescue, apparatus operator, hazardous materials, and emergency medical services. In total they received more then 210 hours of training. T hat training provided the knowledge, skills, and abilities to successfully pass four certification tests (written and practical) Firefighter 1 and 2, Hazardous Materials Operations, and Emergency Medical Responder. Following the initial training period (academy) they have been responding as probationary firefighters for the past twelve months, continuing their education and gaining hands-on experience. We would now like to mark the end of their eighteen month probationary period with this introduction, oath of office, and badge presentation. Please join me in congratulating Mason J urchisin, J ody Larsen, and C ory Wiebusch on the presentation of their Firefighter's badge. Immediately following; Firefighters and their families will convene to the McIntosh room for a light reception. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S : Presentation 4/12/2018 1 NOW HIRING! Paid ‐On‐Call/Volunteer Firefighters Online Applications Accepted Until April 30, 2018 12:00 p.m. www.applevalleyfire.org OPEN HOUSE INFORMATION MEETING April 17, 2018 6:30 p.m. Apple Valley Municipal Center 7100 147th Street West What are the minimum qualifications to be an Apple Valley Firefighter?  What is the training process to become an Apple Valley Firefighter? What do Apple Valley Firefighters do? What role do families play when one is an Apple Valley Firefighter? www.applevalleyfire.org I T E M: 5.B. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Regular A genda Description: P roclaim April 15-21, 2018, as "Volunteer Recognition Week" in A pple Valley S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Proclaim April 15-21, 2018, as "Volunteer Recognition Week" in Apple Valley. S UM M ARY: As you know, the C ity of Apple Valley is very fortunate to have many volunteers serve our City. T heir talents and skills have helped A pple Valley grow into the wonderful place it is in which to live and work. Staff recommends proclaiming April 15 through April 21, 2018, as “Volunteer Recognition Week” in honor and recognition of those who have and continue to serve the C ity of Apple Valley. 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 : Proclamation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, volunteers have enriched the life of our community through their concern, commitment, and generosity of spirit; and WHEREAS, the hard work and commitment of volunteers have made our community a better place in which to live; and WHEREAS, volunteers are a vital resource and have contributed to the health, education, welfare, recreation, culture, and environment of the City of Apple Valley; and WHEREAS, the City of Apple Valley wishes to thank its volunteers for their dedicated service and generous spirit. NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County, Minnesota, in conjunction with National Volunteer Week, hereby proclaims the week of April 15 through 21, 2018, to be: “VOLUNTEER RECOGNITION WEEK” in Apple Valley, and urges all citizens to recognize volunteers, who contribute their time, talent, and energy to our community. PROCLAIMED this 12th day of April, 2018. ________________________________ Mary Hamann-Roland, Mayor ATTEST: ________________________________ Pamela J. Gackstetter, City Clerk I T E M: 5.C. C O UNC I L ME E T I NG D AT E :A pril 12, 2018 S E C T I O N:Regular A genda Description: P ass Ordinance Amending Chapter 123 of the City Code, Regulating Massage Therapy E stablishments and T herapists (Second reading) S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Pass the ordinance amending Chapter 123 of the C ity Code, regulating massage therapy establishments and therapists. (Second reading) S UM M ARY: Attached for your consideration and second reading is an ordinance amending Chapter 123 of the City C ode entitled “Massage T herapy Business and Massage T herapist Licenses”, regulating massage therapy establishments and therapists. T he proposed ordinance was prepared by the City Attorney’s office. T he ordinance amendment includes changing the renewal deadline from April 30 to May 15, adding application information required or as may be required by state law, as well as several other minor housekeeping items. A copy of the draft ordinance was posted on the C ity's website for public review on March 8, 2018, and the first reading of the ordinance was conducted on March 22, 2018. No comments from the public have been received to date. B AC K G RO UND: As recommended by the Police Department in 2011, the City Council adopted Ordinance No. 912, amending Title XI of the C ity C ode entitled "Business Regulations" by adding Chapter 123, regulating Massage T herapy Business and Massage T herapist Licenses. T he City C lerk's Office and the Police Department work collaboratively to process applications for said licenses. T he Police D epartment reports that the adoption of this C hapter has achieved the desired results and is not recommending any major changes at this time. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Ordinance Ordinance CITY OF APPLE VALLEY ORDIANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 123 OF THE CITY CODE REGULATING MASSAGE THERAPY ESTABLISHMENTS AND THERAPISTS The City Council of Apple Valley ordains: Section 1. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.03(C)(2)(a) to read as follows: (a) The school, college, university, or institution meets the criteria set forth in the definition of student of massage therapy herein; and Section 2. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.03(D)(2) to read as follows: (2) The completed renewal application, along with the license fee, shall be filed with the City Clerk no later than May 15 April 30 of the renewal year; Section 3. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.03(D)(4) to read as follows: (4) When a licensee fails to file the application for a renewal or to pay the required license fee on or before May 15 April 30, the license renewal application will not be accepted or considered until or unless the licensee submits payment of a late fee of 130% of the amount of the license fee for the annual license term, not to exceed $30 more than the license fee; and Section 4. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A) to read as follows: (A) Massage therapy business license application. An application for a license to operate a massage therapy business shall be filed, along with all required fees, with the City Clerk. The application investigation fee is applied to the city's costs of the background investigation of the massage therapy business and all persons or entities that have a 5% financial interest in the massage therapy business. An investigation by the building inspector may be required shall be conducted of all premises proposed to be licensed before consideration by the city. The Police Department shall conduct the background investigation before consideration by the City. All applications shall thereafter be considered and approved or denied by the City Clerk. The application shall provide: 2 Section 5. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A)(1)(e) to read as follows: (e) The name of the business if the business is to be operated under a name or designation other than the name of the applicant. This shall be accompanied by a certified copy of the certificate required by M.S. §§ 333.01 and 333.02; Section 6. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A)(1)(k) to read as follows: (k) Such other information as the city shall require or as required by state law. Section 7. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A)(2)(g) to read as follows: (g) Such other information as the city shall require or as required by state law. Section 8. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A)(3)(d) to read as follows: (d) Such other information as the city shall require or as required by state law. Section 9. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A)(4)(e) to read as follows: (e) Such other information as the city shall require or as required by state law. Section 10. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(B)(11) to read as follows: (11) Such other information as the Ccity shall require or as required by state law. Section 11. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.06(A) to read as follows: (A) Massage therapy business licenses granted for massage therapy services or operation at a fixed location or premises does not permit the business to provide massage therapy services at any location other than the premises identified on the license, except a licensed massage therapist employed or contracted by the massage therapy business licensee may provide massage therapy services: 3 * * * * Section 12. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.06(N) to read as follows: (N) No license issued under this chapter may be transferred. Massage therapy business licenses shall terminate upon any change in officers or ownership interests of the licensee, unless the change is approved by the City Clerk Council in which case the license shall only continue in force until the end of the license term. Section 13. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ____” a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 14. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 15. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 16. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this ____ day of ______________, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 4 CITY OF APPLE VALLEY ORDIANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 123 OF THE CITY CODE REGULATING MASSAGE THERAPY ESTABLISHMENTS AND THERAPISTS The following is the official summary of Ordinance No. ____ passed by the City Council of Apple Valley on ______________, 2018: Chapter 123, governing massage therapy establishments and therapists, is amended to correct miscellaneous typographical errors; revise the renewal application filing deadline; and add application information required or as may be required by state law. A printed cop of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 123 OF THE CITY CODE REGULATING MASSAGE THERAPY ESTABLISHMENTS AND THERAPISTS The City Council of Apple Valley ordains: Section 1. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.03(C)(2)(a) to read as follows: (a) The school, college, university, or institution meets the criteria set forth in the definition of student of massage therapy herein; and Section 2. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.03(D)(2) to read as follows: (2) The completed renewal application, along with the license fee, shall be filed with the City Clerk no later than May 15 of the renewal year; and Section 3. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.03(D)(4) to read as follows: (4) When a licensee fails to file the application for a renewal or to pay the required license fee on or before May 15, the license renewal application will not be accepted or considered until or unless the licensee submits payment of a late fee of 130% of the amount of the license fee for the annual license term, not to exceed $30 more than the license fee; and Section 4. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A) to read as follows: (A) Massage therapy business license application. An application for a license to operate a massage therapy business shall be filed, along with all required fees, with the City Clerk. The application fee is applied to the city's costs of the background investigation of the massage therapy business and all persons or entities that have a 5% financial interest in the massage therapy business. An investigation by the building inspector may be required of all premises proposed to be licensed before consideration by the city. The Police Department shall conduct the background investigation before consideration by the city. All applications shall thereafter be considered and approved or denied by the City Clerk. The application shall provide: Section 5. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A)(1)(e) to read as follows: 2 (e) The name of the business if the business is to be operated under a name or designation other than the name of the applicant. This shall be accompanied by a copy of the certificate required by M.S. §§ 333.01 and 333.02; and Section 6. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A)(1)(k) to read as follows: (k) Such other information as the city shall require or as required by state law. Section 7. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A)(2)(g) to read as follows: (g) Such other information as the city shall require or as required by state law. Section 8. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A)(3)(d) to read as follows: (d) Such other information as the city shall require or as required by state law. Section 9. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(A)(4)(e) to read as follows: (e) Such other information as the city shall require or as required by state law. Section 10. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.04(B)(11) to read as follows: (11) Such other information as the city shall require or as required by state law. Section 11. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.06(A) to read as follows: (A) Massage therapy business licenses granted for massage therapy services or operation at a fixed location or premises does not permit the business to provide massage therapy services at any location other than the premises identified on the license, except a licensed massage therapist employed or contracted by the massage therapy business licensee may provide massage therapy services: Section 12. Chapter 123 of the Apple Valley City Code is hereby amended by revising Section 123.06(N) to read as follows: 3 (N) No license issued under this chapter may be transferred. Massage therapy business licenses shall terminate upon any change in officers or ownership interests of the licensee, unless the change is approved by the City Clerk in which case the license shall only continue in force until the end of the license term. Section 13. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ____” a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 14. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 15. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 16. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this 12th day of April, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 4 CITY OF APPLE VALLEY ORDIANCE NO. ____ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 123 OF THE CITY CODE REGULATING MASSAGE THERAPY ESTABLISHMENTS AND THERAPISTS The following is the official summary of Ordinance No. ____ passed by the City Council of Apple Valley on April 12, 2018: Chapter 123, governing massage therapy establishments and therapists, is amended to correct miscellaneous typographical errors; revise the renewal application filing deadline; and add application information required or as may be required by state law. A printed cop of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. I T E M: 7. C OUNC I L ME E T I NG D AT E:A pril 12, 2018 S E C T I ON:C alendar of Upcoming Events D escription: Approve Calendar of Upcoming Events Staff C ontact: Stephanie Marschall, D eputy City Clerk Department / Division: City Clerk’s Office AC T ION RE QUE 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 City Council. S UM M ARY: Day/Date Time L ocation Ev ent Wed./Apr. 11 11:30 a.m.-1:00 p.m.Old C hicago Chamber Luncheon T hur./Apr. 12 5:30 p.m.Municipal C enter Informal C ity Council Meeting T hur./Apr. 12 6:45 p.m.Municipal C enter Volunteer Recognition Reception T hur./Apr. 12 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting * Tue./Apr. 17 6:45-8:30 a.m.Valleywood T he Math Fischer Memorial Scouting Breakfast Tue./Apr. 17 2:00 p.m.Municipal C enter Cemetery Advisory Committee Meeting Wed./Apr. 18 7:00 p.m.Municipal C enter Planning C ommission Meeting T hur./Apr. 19 5:30 p.m. C omo Park Zoo & C onservatory, St. Paul Metro C ities Annual Meeting T hur./Apr. 19 6:00 p.m.Municipal C enter Informal Parks & Recreation Advisory Committee Meeting - Park Tour T hur./Apr. 19 7:00 p.m.Municipal C enter Regular Parks & Recreation Advisory Committee Meeting Sat./Apr. 21 9:00 a.m.-3:00 p.m.Eastview High School Home & Garden Expo Mon./Apr. 23 11:00 a.m. Eagle Valley Bank/First Resource Bank Ribbon Cutting Ceremony Tue./Apr. 24 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee Meeting Wed./Apr. 25 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting T hur./Apr. 26 4:30-6:30 p.m.Northern Safety Technology, Inc.Chamber Business After Hours T hur./Apr. 26 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting * B AC K G RO 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 G E T IM PAC T: N/A