HomeMy WebLinkAbout04/26/2018 Meeting
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on the City's website at www.cityofapplevalley.org
I T E M: 4.A.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A pprove Minutes of A pril 12, 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 April 12, 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
April 12, 2018
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held April 12, 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, City Clerk Gackstetter, City
Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Bernstein,
Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director
Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works
Director Saam, and Fire Chief Thompson.
Mayor Hamann-Roland called the meeting to order at 7:02 p.m. Everyone took part in the
Pledge of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Hooppaw, seconded by Grendahl, approving the agenda for tonight’s meeting,
as presented. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any
item not on this meeting’s agenda. No one requested to speak.
CONSENT AGENDA
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. There were no requests.
MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda
with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting
of March 22, 2018, as written. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to BV United Soccer Club,
for use on June 24, 2018, at the 14255 Johnny Cake Ridge Road, and waiving any
waiting period for State approval. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 12, 2018
Page 2
MOTION: of Bergman seconded by Goodwin, proclaiming April 27, 2018, as “Arbor Day”
and May 2018, as “Arbor Month”, and encouraging citizens to participate in tree
planting programs. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2018-45 approving
2018 Special Assessment Roll No. 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. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, declaring certain City property as surplus;
authorizing disposal of unclaimed property and surplus City property by a public
sale; and approving the Agreement with Assets 2 Cash, LLC, an authorized
vendor of K-BID.com, to conduct an online auction of unclaimed and surplus
property, as attached to the City Clerk’s memo, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving renewal of the City’s general
liability, property, automobile, workers’ compensation, umbrella, and other
insurance coverage for March 1, 2018, through March 1, 2019, with the League of
Minnesota Cities Insurance Trust at a total premium of $1,210,226.00, including
the non-waiver of statutory liability limits for the City’s insurance, as
recommended in the Finance Director’s memo, and authorizing the Finance
Director to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving Bill Velin of Assured Partners,
Inc., as the Agent of Record for 2018-2019, in the amount of $8,000.00, as
recommended in the Finance Director’s memo. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving use of Fire Station 3 for
fundraising activities on April 28, 2018, by Apple Valley Firefighters Relief
Association, as described in the Fire Chief’s memo. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Release of All Claims for
Property Damage for damages to Sanitary Lift Station 3 Impeller, as attached to
the Public Works Superintendent – Utilities memo, and authorizing the Mayor
and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the release of subdivision financial
guarantees for Embry Place Second Addition and Embry Place Third Addition, as
listed in the Community Development Department Assistant’s memo. Ayes - 5 -
Nays - 0.
MOTION: of Bergman, seconded by Goodwin, authorizing the award of agreements to the
lowest responsible bidders with the City of Burnsville for the 2018 South Metro
Cities Joint Powers Agreement for Project 2018-125, Street Maintenance
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 12, 2018
Page 3
Services, as attached to the Public Works Superintendent – Streets memo. Ayes -
5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Management Agreement for
exclusive food and beverage service at Valleywood Golf Course, with Pear One,
Inc., d/b/a Roasted Pear, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Agreement for Stormwater
Pond and Infiltration Basin and Underground Infiltration System Construction
Maintenance, with Independent School District 196, and authorizing the Mayor
and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Cost Share Agreement with
the County of Dakota for Election Electronic Pollbooks (ePollbooks) Hardware,
Software, and Related Services, in the estimated amount of $25,496.53, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Service Agreement with
Midwest Vending Services, Inc., for coin-operated vending services at municipal
buildings, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Agreement for Project 2018-
127, 2018 Sod Replacement Services, with Jirik Sod Farm, Inc., in the amount of
$12,540.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5
- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the agreement for Project 2018-
135, Well 5 Air Conditioner Installation, with Nordic Services, Inc., d/b/a Nordic
Mechanical Services, in the amount of $15,525.00, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the agreement for Project 2018-
138, Outdoor Pool Water Management, with Hawkins, Inc., in the amount of
$79,635.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5
- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the personnel actions as listed in
the Personnel Report dated April 12, 2018. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers
dated March 14, 2018, in the amount of $1,038,955.39; March 26, 2018, in the
amount of $911,359.31, and March 28, 2018, in the amount of $721,706.83.
Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 12, 2018
Page 4
END OF CONSENT AGENDA
FIRE FIGHTERS OATHS OF OFFICE
Fire Chief Thompson introduced three Firefighters hired in 2016. The City Clerk administered
the oath of office to Firefighters Mason Jurchisin, Jody Larsen, and Cory Wiebusch. Individuals
selected by each Firefighter then pinned their badge. The Council congratulated the Firefighters
and welcomed them to the Fire Department.
The Fire Chief said applications are currently being accepted for volunteer firefighters and
invited individuals interested in learning more about becoming a firefighter to the Open
House/Information meeting on April 17, 2018, starting at 6:30 p.m. at the Municipal Center.
VOLUNTEER RECOGNITION WEEK
Ms. Gackstetter introduced this item. She noted Committee Members Nancy Anderson and
David Brueshoff reached a recognized milestone with ten years of service on the Cemetery
Advisory Committee and will receive awards.
MOTION: of Bergman, seconded by Grendahl, proclaiming April 15 through April 21, 2018,
as “Volunteer Recognition Week” and thanking all those who contribute their
time, talent, and energy to the community. Ayes - 5 - Nays - 0.
Mayor Hamann-Roland thanked all of the Commissioners, Committee Members, and other City
volunteers for their generous commitment of time, energy, education, and skills which help make
Apple Valley a quality community. She then presented Cemetery Advisory Committee Member
Nancy Anderson with a marble apple clock.
Ms. Gackstetter read the proclamation proclaiming April 15 through April 21, 2018, as
“Volunteer Recognition Week”. She noted Mr. Brueshoff was not able to attend but will also
receive a marble apple clock.
ORDINANCE AMENDING MASSAGE THERAPY LICENSES
Ms. Gackstetter gave the second 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. She noted the first reading was held on March 22, 2018, and no comments from the
public have been received.
MOTION: of Bergman, seconded by Hooppaw, passing Ordinance No. 1043 amending
Chapter 123 of the City Code entitled “Massage Therapy Business and Massage
Therapist Licenses”, regulating massage therapy establishments and therapists.
Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 12, 2018
Page 5
COMMUNICATIONS
Ms. Gackstetter announced the City is currently soliciting applications for election judges.
Mr. Saam provided a brief update on the City’s on-line building inspection permitting system
which went live on Wednesday.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events
as included in the Deputy City Clerk’s memo dated April 12, 2018, and noting
that each event listed is hereby deemed a Special Meeting of the City Council.
Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 7:28 o’clock p.m.
Respectfully Submitted,
/s/ Pamela J. Gackstetter
Pamela J. Gackstetter, City Clerk
Approved by the Apple Valley City Council
on . Mary Hamann-Roland, Mayor
I T E M: 4.B.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A ccepting Donation from S ara Turpin for Use by P arks and Recreation
Department
S taff Contact:
P arks S uperintendent Mike Endres
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Adopt resolution accepting the donation of $150.00 cash from Sara Turpin for use by the
Parks and Recreation Department toward the purchase and planting of a coffeetree in
memory of Edward Friedrichs.
S UM M ARY:
Sara Turpin has offered to donate $150.00 toward the purchase and planting of a coffeetree
in Pennock Park in memory of her father, Edward Friedrichs. Attached, please find a
proposed resolution accepting the donation and thanking Ms. Turpin for her generosity.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
$150.00 donation
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-___
A RESOLUTION ACCEPTING DONATION
WHEREAS, the City Council of Apple Valley encourages public donations to help defray
costs to the general public of providing services and improve the quality of life in Apple Valley;
and
WHEREAS, Sara Turpin has offered to donate $150 toward the purchase and planting of
a coffeetree to the Parks and Recreation Department in memory of Edward Friedrichs; and
WHEREAS, Minnesota Statues 465.03 requires that all gifts and donations of real or
personal property be accepted only with the adoption of a resolution approved by two-thirds of the
members of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City.
BE IT FURTHER RESOLVED that the City sincerely thanks Ms. Turpin for her gracious
donation.
ADOPTED this 26th day of April, 2018.
___________________________________
Mary Hamann-Roland, Mayor
ATTEST:
______________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.C.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A pprove Change in Corporate Officers for D & D of Minnesota, I nc., d/b/a Famous Dave's B B Q
S hack, 7593 147th Street W., in Connection with On-S ale W ine and 3.2 P ercent Malt
L iquor L icenses
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 change in corporate officers for D & D of Minnesota, Inc., d/b/a Famous
Dave's BBQ Shack in connection with the On-Sale Wine and 3.2 Percent Malt Liquor
Licenses, at 7593 147th Street W., naming J effery J oseph C rivello as C EO/President and
Paul Michael Malazita as C FO/Secretary.
S UM M ARY:
D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack has filed applications for a
change in corporate officers required in connection with its On-Sale Wine and 3.2 Percent
Malt Liquor Licenses, at 7593 147th Street W. Mr. J effery J oseph C rivello is being
named C EO/President and Mr. Paul Michael Malazita is being named C FO/Secretary.
Personal information forms have been filed and the Police Department has conducted the
necessary background investigations. T he information is on file should you wish to review it.
B AC K G RO UND:
City C ode Section 111.34 provides for C ity Council approval of such changes and approval
of the change in officer is recommended.
B UD G E T I M PAC T:
N/A
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A pprove New 2018 Off-S ale 3.2 P ercent Malt L iquor L icense for L akes Venture, L L C, d/b/a
Fresh T hyme F armers Market, 14880 F lorence Trail
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 new 2018 Off-Sale 3.2 Percent Malt Liquor License to Lakes
Venture, LLC, d/b/a Fresh T hyme Farmers Market, located at 14880 Florence Trail.
S UM M ARY:
An application for a new 2018 Off-Sale 3.2 Percent Malt Liquor License has been received
from Lakes Venture, LLC , d/b/a Fresh T hyme Farmers Market, located at 14880 Florence
Trail.
T he Police Department has completed the necessary background investigation and finds no
reason the license cannot be authorized. All of the necessary paperwork has been received.
T he license would be effective April 27, 2018, through December 31, 2018.
T he application is in order and may be approved by the C ity C ouncil. T he information is on
file should you wish to review it.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
I T E M: 4.E.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A mending 2017 Operating B udget for Vehicle and Equipment Fund F unding
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
Adopt resolution amending 2017 Operating Budget for Vehicle and Equipment
Fund funding.
S UM M ARY:
T he C ity Council is requested to consider a resolution amending the 2017 budget to provide
for funding related to the Vehicle and Equipment Replacement Fund (VERF) for Street
Maintenance Department. By redirecting available resources we can implement the VERF
program for the Streets Department ahead of the original planned timing and avoiding issuing
equipment certificates in the future for general government equipment replacements.
By implementing the VERF funds for the General Fund operating departments we can avoid
issuing debt to fund vehicle and equipment replacements. With the actions requested here we
can implement the last remaining department, the Streets Department, into the VERF
program. T he implementation includes; redirecting the debt service levy for equipment
certificates not issued, transferring assets with a net book value of $2,574,818 from the
general fixed asset account group to the VERF, along with $775,000 in "seed money"
transferred from the G.O. Debt Service fund. T he combination of these resources should be
adequate to fund the Streets Department VERF at a minimal level into the future.
B AC K G RO UND:
T he 2017 property tax levy included $105,000 for 2017 debt service on equipment
certificates that were not issued making these amounts available to be applied to other
activities. Staff is recommending that these amounts be added to the budgeted property tax
revenues in the General Fund and also add this same amount to the budgeted VERF charges
within the Street Maintenance operating budget which would provide a portion of
the initial funding for the creation of the Streets Department VERF.
In addition to the creation of the Streets Maintenance VERF, the attached resolution includes
amending the capital outlay budget in the Engineering and Building Inspections operating
budget and adding these amounts to the transfers from the General Fund to the VERF fund
for Engineering and Building inspections. T he original budgeted amounts are for fleet
additions and the VERF funds are for equipment replacements, fleet additions are to be
funded in the operating budget. T he action provides for a transfer of dollars to the respective
VERF funds to cover the costs of the vehicles purchased.
Streets M aintenance V ER F Charges (1600-6745)Amount
T he 2017 P roperty Tax L evy included $105,000 to be used toward debt service on 2017
equipment certificates. T his debt was to be issued to fund S treet M aintenance equipment
but was not issued so there will be no debt service due. S taff is recommending that
these amounts be used to fund equipment purchases within the S treets VE R F. T he
requested action would add to the budgeted operating expense in the streets department.
T he funding for this system would from available funds from the amounts levied for debt
service that was not issued in 2017.
$ 105,000
General Fund Transfers (1960-7110)Amount
T he 2017 budget included two vehicles purchases that represented fleet additions in the
E ngineering and B uilding I nspection D epartments. T he VE R F program does not include
provisions for fleet additions so these amounts are included in the general fund operating
budget. T hese were included as capital outlay and this action would amend the capital
outlay expense and add it to the G eneral F und T ransfers O ut expense going to the
respective VE R F funds.
T he funding for this project would come from 2017 budgeted amounts for capital outlay in
the Engineering Department ($27,500) and the Building I nspections D epartment ($23,500).
$ 51,000
B UD G E T I M PAC T:
T he items for the General Fund Transfer to the Engineering and Building Inspections VERF
Funds are a budget neutral position. T he $105,000 addition to General Fund Property Tax
Revenues and VERF expenses increase both revenue and expenses in the same amount.
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-__
RESOLUTION AMENDING 2017 BUDGET FOR VEHICLE AND EQUIPMENT FUND
FUNDING
WHEREAS, funding exists to implement the Vehicle and Equipment Replacement Fund for the
Streets Maintenance department within the 2017 fiscal year by realigning budget resources, and
WHEREAS, certain 2017 program budget savings are requested to be reassigned; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley that the
following budget adjustments be made to the 2017 budget.
Department Description 2017
Account
Code
2017 Additional
(reduced)
Amount
General Fund – Property Taxes Property Taxes 1001-4010 $ 105,000
Street Maintenance - VERF Charges 1600-6745 105,000
Building Inspection- Capital Outlay - Vehicle 1400-6730 (23,500)
Engineering Capital Outlay - Vehicle 1510-6730 (27,500)
General Fund - Transfers Transfer to Engineering VERF 1960-7110 51,000
ADOPTED this 26th day of April 2018.
Mary Hamann-Roland, Mayor
ATTEST:
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 26, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A pproving 2017 I nterfund Transfers
S taff Contact:
Ron Hedberg, Finance Director
Department / Division:
Finance Department
AC T I O N RE Q UE S T E D:
Adopt resolution approving 2017 interfund transfers.
S UM M ARY:
T he attached resolution summarizes, by fund, interfund transfers needed to closeout a number
of construction projects and aligns revenues with expenditures. T he transfers included for the
projects follow the intended financing sources for each of the projects and match project
revenues to project expenditures.
B AC K G RO UND:
T he General Fund budget includes a transfer from the General Fund into the Cable T V J oint
Powers Fund to fund the C ity of Apple Valley’s portion of the cable operations that is not
covered by Apple Valley’s portion of the C able T V Franchise PEG Fee.
P roject F und transferred from F und Transferred to:Transfer
A mount
C able TV Operation/ P E G F ee 4800- C able P E G
F ee F und
2010 C able TV Joint
P owers
57,288.50
T he General Fund –Fund Balance Policy calls for balances above the designated levels be
transferred to the Future C apital Projects Fund. T he transfer for fiscal year 2017 is
$1,950,000.
P roject F und transferred from F und Transferred to:Transfer
A mount
General F und B alance P olicy Transfer 1000- General F und 4930 F uture C apital
P rojects
1,950,000.00
T he 2017 budget was able to be restructured to include establishing a Vehicle & Equipment
Replacement Fund (VERF) for the Street Maintenance Department, this action includes
transferring some “seed money” for a beginning balance to establish the fund and maintain a
minimum initial balance in the Street Department VERF.
P roject F und transferred from F und Transferred to:Transfer
A mount
V E RF – S treet Maintenance 3075 – C losed GO
B ond F und
7440 – V E RF S treet
Maintenance
775,000.00
With the restructuring of the 2017 budget to include the establishment of the Vehicle &
Equipment Replacement Fund (VERF) for the Street Maintenance Department,
which includes the transferring of the assets from the General Fixed Asset Account Group to
the VERF Internal Service Fund. T he combination of these transferred assets, the seed
money transferred in and the annual VERF charges to the Operating Funds will be used to
replace the included equipment as needed.
P roject – C ontribution of equipment from
General F ixed A ssets to Internal S ervice
F unds
A sset C ost A ccumulated
D epreciation 1-1-17
Net
C ontribution to
Internal S ervice
F und
7440 V E RF – S treet Maintenance 5,343,827.94 (2,769,010.17)2,574,817.77
T he 2017 budget included the purchase of two vehicles as fleet additions in the Building
Inspection and Engineering Departments budget. Fleet additions are to be funded out of the
operating budget and not the VERF fund. T he vehicles are added to the respective VERF
fund and it is also necessary to provide the funding for this. It is appropriate to present these
fleet addiotns as a transfer from the general fund and a separate C ity C ouncil action amends
the general fund budget to reflect this action.
P roject F und transferred
from:
F und Transferred to:Transfer
A mount
General F und - B uilding Inspection
Vehicle P urchase
1960 General F und V E RF 2025- B uilding
Inspections
23,500.00
General F und - E ngineering Vehicle
P urchase
1960 General F und V E RF -E ngineering 27,500.00
T he 2017 budget and Capital Improvement Program included funding for the annual Street
and Infrastructure program from the utility Funds. T he amounts below are in addition to the
direct charges to each fund but in total is less than the amounts included in the budget for
funding from the utilities and is necessary funding for the annual Street and Infrastructure
Program.
P roject F und transferred
from:
F und Transferred to:Transfer
A mount
Water Utility F und 5305 Water
Utility F und
2025- Road
Improvement F und
400,000.00
S ewer Utility F und 5365-S ewer
Utility F und
2025- Road
Improvement F und
200,000.00
S torm Water Utility F und 5500-S torm Water
Utility F und
2025- Road
Improvement F und
15,000.00
T he following fund is no longer in use and it is recommended to close this fund to the related
closed bond fund.
P roject F und transferred from F und Transferred to:Transfer
A mount
C lose E quipment S pecial Revenue
F und
2005 E quip. F und 3075- C losed G O
B ond F und
16,336.08
B UD G E T I M PAC T:
T he budget impact for each fund is identified in the resolution.
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
RESOLUTION APPROVING 2017 INTERFUND TRANSFERS
WHEREAS, certain interfund transfers have been identified that are necessary to close out
retired debt service and construction funds, to align project revenues with the project expenses and
will be reflected in the completion of the 2017 financial statements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley
that the following interfund transfers be made and the budgets be approved for these transfers.
ADOPTED this 26th day of April, 2018
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
Transfers In
Road Escrow CABLE TV
Closed GO
Bond Fund
Future Capital
Projects Fund
Bldg Insp
VERF
Engineering
VERF Streets VERF TOTAL
Fund # 2025 2010 3075 4930 7415 7420 7440
Transfer Out
General Fund 1000 - - 1,950,000.00 23,500.00 27,500.00 - 2,001,000.00
Equip Cert Fund 2005 16,336.08 - - 16,336.08
Closed GO Bond Fund 3075 - - - - - - 775,000.00 775,000.00
CABLE TV PEG FEE 4800 - 57,288.50 - - - - 57,288.50
Water 5300 / 5305 400,000.00 - - - - - 400,000.00
Sewer 5300 / 5365 200,000.00 - - - - - 200,000.00
Storm Utility 5500 15,000.00 - - - - - 15,000.00
General Fixed Assets 8000 - - - - - - 2,574,817.77 2,574,817.77
615,000.00 57,288.50 16,336.08 1,950,000.00 23,500.00 27,500.00 3,349,817.77 6,039,442.35
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A ppointing Alternate Commissioner to B lack Dog Watershed Management
Organization
S taff Contact:
J ane Byron, Water Quality Technician
Department / Division:
Natural Resources Division
AC T I O N RE Q UE S T E D:
A do pt resolution appointing Rolland Greeno as alternate commissioner to the Black Dog
Watershed Management Organization.
S UM M ARY:
Apple Valley appoints one commissioner and one alternate commissioner to serve on the
Black Dog Watershed C ommission representing Apple Valley and Eagan. Each term lasts 3
years and expired in the fall of 2017. Greg Helms was appointed as commissioner on March
22, 2018. T his would be Rolland G reeno's first appointment as alternate commissioner.
Public Works Staff interviewed Mr. Greeno and recommend his appointment.
B AC K G RO UND:
T he Black Dog Watershed Management Organization (BD WMO) was created by a J oint
Powers Agreement among the member cities of Burnsville, A pple Valley, Eagan, Lakeville
and Savage to cooperatively manage watershed resources common to these
communities. T he C ity of Burnsville has the largest land area in the watershed and appoints
three of the five commissioners to the Commission. Apple Valley and Eagan share one
commissioner, and Lakeville and Savage share the remaining commissioner. Each group is
also represented by an alternate commissioner.
T he terms of all five commissioners and three alternate commissioners expired on November
1, 2017. Apple Valley reappointed C ommissioner Greg Helms to represent Apple and
Eagan. A candidate to fill the outgoing alternate commissioner, who moved out of the
watershed district, had not been identified at that time.
A public notice was published by BD WMO to solicit interest in potential commissioners and
alternate commissioners to the BD WMO. An additional public notice was published by the
City seeking an Alternate C ommissioner, and staff made other efforts to reach out to
community members. T he C ity received a request from Rolland Greeno to be considered for
the alternate commissioner position.
T he BD WMO J oint Powers A greement states that the C ity Councils of Apple Valley and
Eagan can either appoint a delegate from each C ity to meet and select the representative
Commissioner and Alternate, or they can vote directly to select them by mutual consent. On
November 1, 2011, the Eagan C ity C ouncil approved delegating authority to the C ity of
Apple Valley for appointing a commissioner and alternate commissioner to the Black Dog
Watershed Management C ommission as representatives of Apple Valley and Eagan (Group
A A).
B UD G E T I M PAC T:
T he Black Dog Watershed Management Commission approves the budget of the BD WMO
annually. T he BD WMO receives revenue from the contributions of member cities. Apple
Valley's member contribution, including capital improvement funds, requested by the
Commission for 2018 is $13,498.00.
AT TAC HM E NT S :
Resolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 - ___
A RESOLUTION APPOINTING ALTERNATE COMMISSIONER TO THE BLACK DOG
WATERSHED MANAGEMENT ORGANIZATION
WHEREAS, the Cities of Apple Valley and Eagan (Group AA) are represented on the
governing Board of the Black Dog Watershed Management Organization by one (1) Commissioner
and one (1) Alternate Commissioner; and
WHEREAS, the terms of all five (5) Commissioners and three (3) Alternate
Commissioners for the Black Dog Watershed Management Organization expired on November
1, 2017; and
WHEREAS, the Attorney for the Black Dog Watershed Management Organization has duly
notified the Board of Water and Soil Resources and published a notice in the local newspaper of the
pending vacancies on the governing Board for the Black Dog Watershed Management Organization;
and
WHEREAS, the Eagan City Council has delegated authority to appoint said Commissioner
to the Apple Valley City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that Rolland Greeno, is hereby appointed as Alternate Commissioner
(Group AA) to the governing Board of the Black Dog Watershed Management Organization.
ADOPTED this 26th day of April, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela Gackstetter, City Clerk
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
P roclaim May 6-12, 2018, as "Drinking Water Week"
S taff Contact:
Carol Blommel J ohnson, Public Works Superintendent - Utilities
Department / Division:
P ublic Works Department
AC T I O N RE Q UE S T E D:
Proclaim May 6 through May 12, 2018, as Drinking Water Week in the City of Apple
Valley.
S UM M ARY:
Attached is a Drinking Water Week proclamation for the C ity C ouncil’s consideration. T he
proclamation recognizes drinking water as a valuable natural resource for residents. C itizens
are reminded of the importance of water for public health protection, fire protection, support
for the economy, and our quality of life. T he proclamation calls upon citizens of Apple
Valley to help protect our water resources to ensure that future generations will enjoy the
benefits of safe drinking water.
B AC K G RO UND:
For more than 35 years the American Water Works Association and its members have
celebrated Drinking Water Week – a unique opportunity for both water professionals and the
communities they serve to join together in recognizing the vital role water plays in our daily
lives.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Proclamation
CITY OF APPLE VALLEY
PROCLAMATION
WHEREAS, water is a valuable natural resource in Apple Valley, delivering public
health protection, fire protection, support for our economy, and the quality of life we enjoy; and
WHEREAS, measures of a successful society such as low mortality rates, economic
growth and diversity, productivity, and public safety are in some way related to access to safe
water; and
WHEREAS, consumption of tap water as an alternative to bottled water is a safe and cost
effective practice that consumes less energy and produces less plastics in the environment; and
WHEREAS, we are all stewards of the environment and water infrastructure upon which
future generations depend.
NOW, THEREFORE, the City Council of Apple Valley, Dakota County, Minnesota,
does hereby proclaim the week of May 6 through May 12, 2018, as:
DRINKING WATER WEEK
in Apple Valley and calls upon each citizen of Apple Valley to help protect our source waters
from pollution, to practice water conservation, and to get involved in local water issues.
PROCLAIMED this 26th day of April, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
P roclaim May 20-26, 2018, as "P ublic Works Week"
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:
Proclaim May 20 through May 26, 2018, as Public Works Week in the C ity of Apple Valley.
S UM M ARY:
Attached is a Public Works Week proclamation for the C ity C ouncil’s consideration. T he
proclamation recognizes the many facets of public works that affect modern civilization.
Public works services determine a society’s quality of life from providing clean water to
building roads and bridges, planning for and implementing mass transit to removing snow on
roadways, and devising emergency management strategies to meet natural or manmade
disasters. T he proclamation calls upon citizens of Apple Valley to gain knowledge of and to
maintain a progressive interest and understanding of the importance of public works.
B AC K G RO UND:
Since 1960, the American Public Works Association has celebrated the annual National
Public Works Week which pays tribute to public works professionals, engineers, managers
and employees. Public Works Week recognizes the substantial contributions public works
employees make to protecting national health, safety, and quality of life.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Proclamation
CITY OF APPLE VALLEY
PROCLAMATION
WHEREAS, public works professionals focus on infrastructure, facilities and services that
are of vital importance to sustainable and resilient communities and to the public health, high
quality of life and well-being of the people of the City of Apple Valley; and
WHEREAS, these infrastructure, facilities and services could not be provided without the
dedicated efforts of public works professionals, who are engineers, managers and employees from
local governments and the private sector, who are responsible for rebuilding, improving
and protecting our nation’s transportation, water supply, water treatment, public buildings, and
other structures and facilities essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders and children in the City
of Apple Valley to gain knowledge of and to maintain a progressive interest and understanding of
the importance of public works and public works programs in their respective communities; and
WHEREAS, the American Public Works Association has celebrated the annual National
Public Works Week since 1960.
NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County,
Minnesota, does hereby proclaim the week of May 20 through May 26, 2018 as:
PUBLIC WORKS WEEK
PROCLAIMED this 26th day of April 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution A pproving Changes to the P ublic Works Department Policy Manual by
Revising the Water Meter P olicy
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:
Adopt a resolution approving changes to the Public Works Department Policy Manual by
revising Section 2.04 Water Meter Installation and Repair Policy.
S UM M ARY:
T he Public Works Policy Manual, Section 2.04 Water Meter Installation and Repair Policy,
is being updated to reflect current practices and to facilitate implementation of the water
meter replacement program. T he major changes to the policy include the following:
1. T he ability for agents of the C ity to replace water meters.
2. T he establishment of alternate methods of water meter data transmitter installation in
residential properties (Non-C ompliance for Meter Data Transmitter Technology).
A redline copy of the proposed policy changes, and a clean draft policy are attached for your
consideration.
Should Council approve the proposed resolution, staff will present recommended fees
associated to the policy revisions at a future meeting. T hese charges may also require a
revision to the fee schedule.
B AC K G RO UND:
T he existing Water Meter Installation and Repair Policy was adopted by C ouncil Resolution
2010-144.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Policy
Policy
Resolution
2.04 WATER METER INSTALLATION AND REPAIR POLICY - DRAFT 2018
A. Purpose
The purpose of this policy is to maintain uniform definitions and procedures concerning the
installation, and repairinstallation, repair and replacement of water meters within the City of
Apple Valley. City ordinance requires a water meter be installed on all property connected to
the City water system to accurately measure the water consumed. Regulations pertaining to
water meters in the City of Apple Valley are provided in the City Code of Ordinances, Section
51.05.
B. Furnishing Water Meters
A water meter is required for each water service. For example, a multi-tenant building with a single
water service requires one domestic water meter for said property. The property owner is
responsible to install, monitor and maintain any sub-meters installed to track water usage for
individual units.
Water meters installed on the City’s public water supply system are furnished by the City.
Water meters and meter data transmitters for new installations (i.e. new homes or buildings)
are purchased from the City. Replacement meters and transmitters are furnished at no
additional cost, ; except that whenever a meter or transmitter has been damaged due to
negligence on the part of persons other than the employees of the City, the customer shall
reimburse the City for the expense of repairing or replacing the meter including labor and
material.
C. Water Meter Type
The City uses specific models of water meters and meter data transmitters to provide uniformity
and interoperability for water meter reading operations and provide for an efficient data
management process. The City furnishes water meters that are equipped with automated
meter reading data transmitting capability for commercial, industrial and institutional properties
as well as residential properties located within new subdivisions under development. Water
meters with exterior registers may be used for replacement meters on residential properties.
Specifications for new the water meters and transmitters are maintained by the Public Works
Superintendent - Utilities.
D. Water Meter Installation
All water meter installations shall conform to the requirements of the Minnesota State Plumbing
Code, the City of Apple Valley Code of Ordinances, and the meter manufacturer's specifications.
The following additional installation standards shall apply to water meter installations.
1. Domestic The Wwaterater Meter: Domestic water meters shall to be placed horizontally inside the
home or business at least 12 inches above the floor slab and rigidly supported to prevent vibration.
1. TThevibration. The water meter shall be placed in a location allowing access to and removal of
the water meter by Public Works staffemployees or its agent.
2.
2. The radio Meter Data transmitterTransmitter – Endpoint: The meter data transmitter or
endpoint shall be installed inside the home or business in accordance with the manufacturer’s
recommendations and standards established by the Public Works Superintendent - Utilities.
3. Water Meter Bypass: The installation of a water meter bypass assembly shall require
specific written authorization by the Public Works Superintendent - Utilities prior to
installation. A water meter bypass assembly will not be allowed for standard service
installations. Exceptions may include,include hospitals, nursing homes, schools or
manufacturing facilities in continual operation 24 hours per day.
4. Irrigation Meters: A separate irrigation meter is recommended for commercial, industrial,
institutional and retail land use types. The sewer use for these land uses is based on the actual
domestic monthly water meter reading. No deduct water meters are permitted. Irrigation
meters shall be installed in parallel to the domestic water meter.
5. Non-Compliance for Meter Data Transmitter Technology: Should the residential property
owner object to the advanced meter and meter data transmitter the following methods will
apply:
a. The property owner shall complete and sign the Non-Compliance Meter Data
Transmitter Technology Request Form. An initial non-compliance fee as established by
the City of Apple Valley Fee Schedule will be charged of $100.00 for each non-
compliance request. Said fee shall be paid in advance and is nonrefundable.
b. Residential customers who complete this form will have a new non-communicating
meter electronic register installed with an external electronic register.on the exterior of
their home/building.
c. A monthlyrecurring manual meter reading fee as established by the City of Apple
Valley Fee Schedule will be charged for each account with a non-communicating
meterregister. Said fee will be added to the monthly recurring utility bill. A customer
may elect to have a meter and meter data transmitter installed at any time whereby
the monthlyrecurring fee would cease.
6. Non-Compliance for Internal Meter Data Transmitter: Should the residential property owner
object to the meter data transmitter in their home the following methods will apply:
a. The meter data transmitter can be installed outside the home. A wire would need to
be installed between the meter and data transmitter. A one-time external meter data
transmitter installation fee as established by the City of Apple Valley Fee Schedule is
required for this alternative.
b. Said fee of $200 shall be paid in advance and is nonrefundable.
7 Non-Compliance for City or Its Agent to Install Meter Data Transmitter Technology: Should the
property owner not allow the City or its agent access to replace the meter and/or meter data
transmitter, the customer may, at their own cost, obtain a permit and hire a licensed plumber
to completer the installation. The installation must be one of the following methods, and will
require a City inspection:
a. Internal Installation: The City will furnish a meter and meter data transmitter for
installation by the property owner’s licensed plumber. All costs required for
installation shall be paid by the property owner.
b. Internal Meter, External Meter Data Transmitter Installation: The City will furnish a
meter and meter data transmitter for installation by the property owner’s licensed
plumber. All costs required for installation shall be paid by the property owner.
c. Internal Meter, External Electronic Register Installation: The City will furnish a meter
and electronic reader for installation by the property owner’s licensed plumber. All
costs required for installation shall be paid by the property owner. A recurring manual
meter reading fee will be required per section 5.c. above.
Internal Meter, External Meter Data Transmitter Installation: The City will furnish a
meter and meter data transmitter for installation by the property owner’s licensed plumber. All
costs required for installation shall be paid by the property owner.
Meter, External Electronic Register Installation: The City will furnish a meter and
electronic reader for installation by the property owner’s licensed plumber. All costs required
for installation shall be paid by the property owner.
3.
4. Outside registers or exterior data transmitters shall be easily accessible to meter reading
personnel on the front of the building or on the side but within three feet of the building's front.
Outside register or exterior data transmitters shall be at a height of at least 36 inches and no more
than 60 inches above the finished grade of the ground surface. The connection wire shall be
provided with its own hole when passing through any exterior wall, interior wall, or floor joist of the
building.
5. The installation of a water meter bypass assembly shall require specific written
authorization by the Public Works Superintendent - Utilities prior to installation. A water
Section 2.04: Page 1
meter bypass assembly will not be allowed for most standard service installations. Exceptions
may include, but are not limited to, hospitals, nursing homes, large school facilities or medical
care facilities in continual operation 24 hours per day.
E. Water Meter Repair and Replacement
The City Code of Ordinances Section 51.05 establishes the requirements for the operation and
repair of water meters. Most water meters function for many years without the need for repair.
In some cases, water meters may stop functioning properly or data communication problems
arise that prevent water consumption data from being collected for billing purposes.
The City provides for repair and replacement of water meters and meter data transmitters at no
additional cost to customers subject to the conditions described in City Ordinance Section
51.05.in section B above. When notified of the need to repair a water meter, most customers
cooperate and schedule an appointment to allow Public Works staff to access the property and
repair the meter. In some cases, a customer may not respond to the City’s request to access the
property to repair the meter.
The following procedure is followed to respond to water meter repairs.
1. A water meter repair letter or postcard notice shall be mailed to the customer providing an
explanation of the need to repair repair or replace the water meter and referencing City
Ordinance Section 51.05. The letter notice shall provide clear direction that the customer
must contact the City or its agent to schedule an appointment for the meter repairwork.
1. If phone or email information is available the City or its agent may use these methods to
contact customers ofabout the required water meter repair or replacement and schedule
the meter work.
2. If the customer does not contact the City or its agent within 10 days following mailing of the
first letter notice described above, a second notice shall be mailed to the customer. The
second letter notice shall contain similar information contained in the first letter notice and
shall inform the customer that water service to the property may be terminated if the meter
is not repaired by a set date.
2. Alternate methods for the second notice may be a door hanger left on the customer’s
door and phone call or email, if available.
3. If the customer does not contact the City or its agent within 10 days following mailing of the
second letter notice described above, a third notice shall be mailed to the customer by
certified mail. The third notice shall include a specified date when the water service may be
terminated to the property if the water meter is not repaired.
3.4. If the customer does not contact the City or its agent withinby the specified date a work
order is generated. The work order contains instructions to locate, operate, flag and paint
the curb box with blue paint and place a door hanger on the customers door with a specific
date water will be shut off if no response. The Public Works Superintendent - Utilities shall
establish a water service termination date.
4.5. The Public Works Superintendent - Utilities may proceed with water service termination
based on professional judgment of the situation if the customer does not respond to the
third notice to schedule repair of the water meter by the established deadline. The Public
Works Superintendent - Utilities shall notify the Public Works Director, City Administrator
and City Council prior to proceeding with water service termination under this policy.
The procedures outlined above do not apply to water service terminations in response to
emergency situations, delinquent utility payments or other processes related to vacant
properties. While the City fully intends to meet the guidelines established in this policy, the
Public Works Director may authorize immediate water service terminations that may reasonably
be determined necessary to protect the integrity of the public water distribution system or
sanitary sewer system.
Adopted by City Council: Resolution 2010-144
2.04 WATER METER POLICY
A. Purpose
The purpose of this policy is to maintain uniform definitions and procedures concerning the
installation, repair and replacement of water meters within the City of Apple Valley. City
ordinance requires a water meter be installed on all property connected to the City water
system to accurately measure the water consumed. Regulations pertaining to water meters are
provided in the City Code of Ordinances, Section 51.05.
B. Water Meters
A water meter is required for each water service. For example, a multi-tenant building with a single
water service requires one domestic water meter for said property. The property owner is
responsible to install, monitor and maintain any sub-meters installed to track water usage for
individual units.
Water meters and meter data transmitters for new installations (i.e. new homes or buildings)
are purchased from the City. Replacement meters and transmitters are furnished at no
additional cost; except that whenever a meter or transmitter has been damaged due to
negligence on the part of persons other than the employees of the City, the customer shall
reimburse the City for the expense of repairing or replacing the meter including labor and
material.
C. Water Meter Type
The City uses specific models of water meters and meter data transmitters to provide uniformity
and interoperability for water meter reading operations and provide for an efficient data
management process. Specifications for the water meters and transmitters are maintained by
the Public Works Superintendent - Utilities.
D. Water Meter Installation
All water meter installations shall conform to the requirements of the Minnesota State Plumbing
Code, the City of Apple Valley Code of Ordinances, and the meter manufacturer's specifications.
The following additional installation standards shall apply to water meter installations.
1. Domestic Water Meter: Domestic water meters shall be placed horizontally inside the home or
business at least 12 inches above the floor slab and rigidly supported to prevent vibration. The
water meter shall be placed in a location allowing access to and removal of the water meter by
Public Works employees or its agent.
2. Meter Data Transmitter – Endpoint: The meter data transmitter or endpoint shall be installed
inside the home or business in accordance with the manufacturer’s recommendations and
standards established by the Public Works Superintendent - Utilities.
3. Water Meter Bypass: The installation of a water meter bypass assembly shall require
specific written authorization by the Public Works Superintendent - Utilities prior to
installation. A water meter bypass assembly will not be allowed for standard service
installations. Exceptions may include hospitals, nursing homes, schools or manufacturing
facilities in continual operation 24 hours per day.
4. Irrigation Meters: A separate irrigation meter is recommended for commercial, industrial,
institutional and retail land use types. The sewer use for these land uses is based on the actual
domestic monthly water meter reading. No deduct water meters are permitted. Irrigation
meters shall be installed in parallel to the domestic water meter.
5. Non-Compliance for Meter Data Transmitter Technology: Should the residential property
owner object to the meter data transmitter the following methods will apply:
a. The property owner shall complete and sign the Non-Compliance Meter Data
Transmitter Technology Request Form. An initial non-compliance fee as established by
the City of Apple Valley Fee Schedule will be charged for each non-compliance request.
Said fee shall be paid in advance and is nonrefundable.
b. Residential customers who complete this form will have a new non-communicating
electronic register installed on the exterior of their home/building.
c. A recurring manual meter reading fee as established by the City of Apple Valley Fee
Schedule will be charged for each account with a non-communicating register. Said fee
will be added to the recurring utility bill. A customer may elect to have a meter data
transmitter installed at any time whereby the recurring fee would cease.
6. Non-Compliance for Internal Meter Data Transmitter: Should the residential property owner
object to the meter data transmitter in their home the following methods will apply:
a. The meter data transmitter can be installed outside the home. A wire would need to
be installed between the meter and data transmitter. A one-time external meter data
transmitter installation fee as established by the City of Apple Valley Fee Schedule is
required for this alternative. Said fee shall be paid in advance and is nonrefundable.
7 Non-Compliance for City or Its Agent to Install Meter Data Transmitter Technology: Should the
property owner not allow the City or its agent access to replace the meter and/or meter data
transmitter, the customer may, at their own cost, obtain a permit and hire a licensed plumber
to complete the installation. The installation must be one of the following methods and will
require a City inspection:
a. Internal Installation: The City will furnish a meter and meter data transmitter for
installation by the property owner’s licensed plumber. All costs required for installation
shall be paid by the property owner.
b. Internal Meter, External Meter Data Transmitter Installation: The City will furnish a
meter and meter data transmitter for installation by the property owner’s licensed
plumber. All costs required for installation shall be paid by the property owner.
c. Internal Meter, External Electronic Register Installation: The City will furnish a meter
and electronic reader for installation by the property owner’s licensed plumber. All
costs required for installation shall be paid by the property owner. A recurring manual
meter reading fee will be required per section 5.c. above.
E. Water Meter Repair and Replacement
The City provides for repair and replacement of water meters and meter data transmitters at no
additional cost to customers subject to the conditions described in section B above.
The following procedure is followed to respond to water meter repairs.
1. A water meter repair notice shall be mailed to the customer providing an explanation of the
need to repair or replace the water meter. The notice shall provide clear direction that the
customer must contact the City or its agent to schedule an appointment for the meter work.
If phone or email information is available the City or its agent may use these methods to
contact customers about the required water meter repair or replacement and schedule the
meter work.
2. If the customer does not contact the City or its agent within 10 days following mailing of the
first notice described above, a second notice shall be mailed to the customer. The second
notice shall contain similar information contained in the first notice and shall inform the
customer that water service to the property may be terminated if the meter is not repaired
by a set date.
Alternate methods for the second notice may be a door hanger left on the customer’s door
and phone call or email, if available.
3. If the customer does not contact the City or its agent within 10 days following mailing of the
second notice described above, a third notice shall be mailed to the customer by certified
mail. The third notice shall include a specified date when the water service may be
terminated to the property if the water meter is not repaired.
4. If the customer does not contact the City or its agent within the specified date a work order
is generated. The work order contains instructions to locate, operate, flag and paint the
curb box with blue paint and place a door hanger on the customers door with a specific date
water will be shut off if no response. The Public Works Superintendent - Utilities shall
establish a water service termination date.
5. The Public Works Superintendent - Utilities may proceed with water service termination
based on professional judgment of the situation if the customer does not respond to the
third notice to schedule repair of the water meter by the established deadline. The Public
Works Superintendent - Utilities shall notify the Public Works Director, City Administrator
and City Council prior to proceeding with water service termination under this policy.
The procedures outlined above do not apply to water service terminations in response to
emergency situations or other processes related to vacant properties. While the City fully
intends to meet the guidelines established in this policy, the Public Works Director may
authorize immediate water service terminations that may reasonably be determined necessary
to protect the integrity of the public water distribution system or sanitary sewer system.
Adopted by City Council: Resolution 2010-144
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 -
A RESOLUTION APPROVING CHANGES TO THE PUBLIC WORKS DEPARTMENT
POLICY MANUAL BY REVISING SECTION 2.04 WATER METER POLICY
WHEREAS, the League of Minnesota Cities encourages municipalities to develop
written policies to guide practices and procedures for certain public works services; and
WHEREAS, the Public Works Department has consolidated current public works related
policies into a Public Works Department Policy Manual; and
WHEREAS, City staff has recommended revisions to certain sections of said policy
manual.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
Revisions to Section 2.04 Water Meter Policy to the Public Works Department Policy Manual
are hereby approved, effective immediately.
ADOPTED this 26th day of April, 2018.
________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_______________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.K.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A pprove Grant Agreement with Dakota County E nvironmental Resources for L ong and F arquar
L akes I nvasive S pecies Control
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:
Approve a grant agreement with Dakota C ounty Environmental Resources for Long and
Farquar Lakes invasive species control, in the amount of $6,250.
S UM M ARY:
Attached for C ouncil consideration is a grant with Dakota C ounty Environmental Resources
for a successful Invasive Species C ontrol Grant application submitted by the Public Works
D e partme nt. T he C ity was awarded $6,250 to conduct plant surveys and contract for
chemical treatments in Long and Farquar Lakes.
T he chemical treatments will target the invasive plant curlyleaf pondweed. Actively
managing curlyleaf pondweed in the lakes reduces the internal phosphorus load contribution
and can reduce nuisance growth that hinders recreation.
T he attached grant agreement has been reviewed by the City Attorney.
B AC K G RO UND:
Historically the Minnesota Department of Natural Resources has provided this grant fund
opportunity, but beginning in 2018 the funds were no longer appropriated by the Minnesota
Legislature. Dakota County Environmental Resources was appropriated funds for Aquatic
Invasive Species Prevention Aid, which allows the C ounty to coordinate programs to manage
and prevent the spread of aquatic invasive species.
B UD G E T I M PAC T:
Matching funds for lake management work are budgeted in the 2018 Public Works
Stormwater Utility.
AT TAC HM E NT S :
Agreement
Dakota County Contract C0030167
AQUATIC INVASIVE SPECIES AID
GRANT AGREEMENT
This Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting
through its Environmental Resources Department (County) and the City of Apple Valley (City).
Recitals
WHEREAS, under Minn. Stat. Ch. 373.01 the County is empowered to enter into this Agreement;
WHEREAS, the County has received an appropriation from the State of Minnesota for Aquatic Invasive
Species Prevention Aid;
WHEREAS, pursuant to Minnesota Statute Section 477A.19, the County has authority to coordinate programs
to manage and prevent the growth of aquatic invasive species with local units of government, soil and water
conservation districts, watershed districts, or lake associations, in the county;
WHEREAS, and the City of Apple Valley has proposed surveys and chemical treatment of curly-leaf pondweed
with Long and Farquar Lakes in Dakota County; and
WHEREAS, the City agrees to perform all Services/Project described in this Agreement to the satisfaction of
the County;
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and
covenants contained in this Agreement, the County and the City agree as follows:
AGREEMENT
1. Parties: The parties to this Agreement are the County and City, collectively referred to as the “Parties”.
2. Effective Date and Term: Notwithstanding the dates of signatures of the Parties to this Agreement, the
effective date of this Agreement is from April 1, 2018 through December 31, 2018, or until completion
by the Parties of their respective obligations under this Agreement, whichever occurs first, unless
earlier terminated by law or according to the provisions of this Agreement.
3. Purpose. The purpose of this Agreement is to create an arrangement between the City and County in
which Dakota County AIS Prevention Aid will partially fund Aquatic Invasive Species inspection
activities.
4. City Obligations
A. City shall provide plant surveys and subsequent chemical treatment of curly pondweed in both
Long and Farquar Lakes (the “Services” or “Project”) according to the following documents: (1)
the County’s Aquatic Invasive Species Plan, attached as Exhibit A and incorporated hereto; (2)
the County’s Aquatic Invasive Species Grant Program, attached as Exhibit B and incorporated
hereto; and (3) the City’s Proposal, attached as Exhibit C and incorporated hereto. If there are
inconsistencies between this Agreement and the exhibits, the documents shall prevail in the
following order: this Agreement, Exhibit A, Exhibit B, and Exhibit C.
Dakota County Contract C0030167
B. Publicity: City shall acknowledge funding or services provided by the County in any promotional
materials, signage, reports, publications, notices, or presentations related to activities conducted
under this Agreement. This section shall survive the expiration or termination of this Agreement.
5. Reimbursement to the County
The City will claim reimbursement for expenditures incurred in connection with the performance of
activities that are eligible for reimbursement in accordance with this Agreement. Reimbursements will
not be requested for any expenditures incurred prior to or after the effective date of this Agreement.
The County will reimburse the City within 45 calendar days of the City’s submission of invoices to the
County. Invoices must be submitted in the form acceptable to the County. All requests for
reimbursement much be submitted by December 15, 2018. The City must certify that the requested
reimbursements are accurate, appropriate and eligible in accordance with the Dakota County Aquatic
Invasive Species Plan attached hereto and incorporated by reference to this Agreement as Exhibit A,
that City has received documentation of the actual expenditures for which reimbursement is sought,
and that such expenditures have not been otherwise reimbursed.
The City understands and agrees that payments by the County to the Contractor under this Agreement
are dependent upon payments to the County from the State, through the Department of Revenue. The
Parties agree that payment to the County from the State is a condition precedent of this Agreement and
if payment from the State is not obtained or continued or is decreased by any amount the County may
reduce or terminate this Agreement by giving City 30 days’ notice. If the Agreement is terminated due
to lack of funding from the State, City shall only be entitled to the actual cost of Services rendered up to
the date of termination. If payment from the State to the County is decreased, the Parties may negotiate
a decrease in the amount of Services provided in the Agreement. The City agrees that the County’s
decision not to terminate shall be sufficient consideration for any modification of the Agreement.
6. Authorized Representatives: The following named persons are designated as the Authorized
Representatives of the Parties for purposes of this Agreement. These persons have authority to bind
the party they represent and to consent to modifications, except that the Authorized Representatives
shall have only the authority specifically granted by their respective governing boards. Notice required
to be provided pursuant this Agreement shall be provided to the following named persons and
addresses unless otherwise stated in this Agreement, or in a modification to this Agreement.
In addition, notification to the County or the City regarding termination of this Agreement by the other
party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55,
Hastings, MN 55033.
The County’s Authorized Representative is:
Georg T. Fischer or successor, Director
Environmental Resources Department
14955 Galaxie Avenue
Apple Valley MN 55124
Telephone: 952-891-7554
Email: Georg.fischer@co.dakota.mn.us
The City’s Authorized Representative is:
Mary Hamann-Roland, or successor Mayor
7100 147th Street West
Apple Valley, MN 55124
Telephone: 952-953-2500
Email: info@ci.applevalley.mn.us
Dakota County Contract C0030167
The Parties shall provide written notification to each other of any change to the Authorized
Representative. Such written notification shall be effective to change the designated liaison under this
Agreement, without necessitating an amendment of this Agreement.
7. Indemnification and Insurance:
Each party to this Agreement shall be liable for the acts or omissions of its officers, directors,
employees or agents and the results thereof to the fullest extent authorized by law and shall not be
responsible for the acts of the other party, its officers, directors, employees or agents. 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. In the event of any claims or
actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a
claimant to obtain separate judgments or separate liability caps from the individual parties. In order to
insure a unified defense against any third-party liability claims arising from work of the Project, City
agrees to require all contractors or subcontractors hired to do any work on the Project to maintain
commercial general liability insurance in the amounts consistent with the minimum limits of coverage
established by Minn. Stat. § 466.04 during the terms of the Project. Each Party warrants that they are
able to comply with the indemnity requirements through an insurance company, the League of
Minnesota Cities Insurance Trust, or self-insurance program and that each has minimum coverage
consistent with the liability limits contained in Minn. Stat. Ch. 466.
8. Government Data Practices: All data collected, created, received, maintained, or disseminated for any
purpose by the activities of the City because of this Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules
implementing such Act now in force or as adopted, as well as Federal regulations on data privacy,
including but not limited to the Health Insurance Portability and Accountability Act (HIPPA) where it
applies. The City agrees to abide by these statutes, rules and regulations and as the same may be
amended from time to time.
9. Assignment, Amendments, Waiver and Complete Agreement.
A. Assignment. The City may neither assign nor transfer any rights or obligations under this
Agreement without the prior consent of the County and a fully executed assignment agreement,
executed by the County and the City.
1. Use of Contractors. The City will engage contractors to perform activities funded pursuant to
this Agreement. However, the City retains primary responsibility to the County for performance
of the activities and the use of such contractors does not relieve the City from any of its
obligations under this Agreement.
If the City chooses to engage any additional contractors to perform any part of the activities, the City
agrees that the contract for such services shall include the following provisions:
(1) The contractor must maintain all records and provide all reporting as required by this
Agreement.
(2) The contractor must defend, indemnify, and save harmless the County from all claims,
suits, demands, damages, judgments, costs, interest, and expenses arising out of or by
reason of the performance of the contracted work, caused in whole or in part by any
negligent act or omission of the contractor, including negligent acts or omissions of its
employees, subcontractors, or anyone for whose acts any of them may be liable.
Dakota County Contract C0030167
(3) The contractor must provide and maintain insurance through the term of this Agreement
in amounts and types of coverage as set forth in the Insurance Terms, which is attached
an Incorporated as Exhibit D, and provide to the County, prior to commencement of the
contracted work, a certificate of insurance evidencing such insurance coverage.
(4) The contractor must be an independent contractor for the purposes of completing the
contracted work.
(5) The contractor must acknowledge that the contract between the City and the contractor
does not create any contractual relationship between County and the contractor.
(6) The contractor shall perform and complete the activities in full compliance with this
Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued
by any federal, state, or local political subdivisions having jurisdiction over the activities.
B. Amendments. Any amendment to this Agreement must be in writing and executed by the County
and the City.
C. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in
a waiver of the right to enforce the same or another provision of this Agreement.
D. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements
between the County and the City. No other understanding regarding this Agreement, whether
written or oral may be used to bind either party.
10. Audit. The City shall maintain books, records, documents and other evidence pertaining to the costs or
expenses associated with the work performed pursuant to this Agreement. Upon request the City shall
allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the
books, records, papers or other documents relevant to this Agreement. The City shall use generally
accepted accounting principles in the maintenance of such books and records, and shall retain all of
such books, records, documents and other evidence for a period of six (6) years from the date of the
completion of the activities funded by this Agreement.
11. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed
as creating or establishing the relationship of co-partners or joint ventures between the County and the
City, nor shall the County be considered or deemed to be an agent, representative or employee of the
City in the performance of this Agreement. Personnel of the City or other persons while engaging in the
performance of this Agreement shall not be considered employees of the County and shall not be
entitled to any compensation, rights or benefits of any kind whatsoever.
12. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law
provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement or its
breach, must be with the appropriate state court with competent jurisdiction in Dakota County.
13. Nondiscrimination. The City agrees to comply with all applicable laws relating to nondiscrimination
and affirmative action. In particular, the City agrees not to discriminate against any employee, applicant
for employment, or participant in this Agreement because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, membership or activity in a local civil rights
commission, disability, sexual orientation, or age; and further agrees to take action to ensure that
Dakota County Contract C0030167
14. applicants and employees are treated equally with respect to all aspects of employment, including
selection for training, rates of pay, and other forms of compensation.
15. Compliance with the Law. The City agrees to conduct its work under this Agreement in compliance
with all applicable provisions of federal, state, and local laws, ordinances, or regulations. The City is
responsible for obtaining and complying with all federal, state, or local permits, licenses, and
authorizations necessary for performing the work.
16. Default and Remedies.
A. Events of Default. The following shall, unless waived in writing by the County, constitute an event
of default under this Agreement: If the City fails to fully comply with any material provision, term, or
condition contained in this Agreement.
B. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the City written
notice of an event of default, the City shall have thirty (30) calendar days in which to cure such
event of default, or such longer period of time as may be reasonably necessary so long as the City
is using its best efforts to cure and is making reasonable progress in curing such events of default
(the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2)
months. Within ten (10) calendar days after receipt of notice of an event of default, the City shall
propose in writing the actions that the City proposes to take and the schedule required to cure the
event of default.
C. Remedies. Upon the City’s failure to cure an event of default within the Cure Period, the County
may enforce any or all of the following remedies, as applicable:
(1) The County may seek full repayment of the grant monies paid for Services.
(2) The County may enforce any additional remedies it may have in law or equity.
(3) The County may terminate this Agreement and its obligation to provide funds under this
Agreement for cause by providing thirty (30) days’ written notice to the City. Such notice
to terminate for cause shall specify the circumstances warranting termination of the
Agreement. Cause shall be a material breach of this Agreement and any supplemental
agreement or modification to this Agreement or an event of default. Notice of
Termination shall be made by certified mail or personal delivery to the Authorized
Representative of the other Party. For purposes of termination and default, all days are
calendar days.
17. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement
may be terminated immediately by the County in the event sufficient funds from the County, State, or
Federal sources are not appropriated, obtained and continued at least at the level relied on for the
funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on
the part of the County.
18. Ownership of Materials and Intellectual Property Rights.
A. The County agrees to, and hereby does, assign all rights, title and interest it may have in the
materials conceived or created by the City, or its employees or sub-Citys, and which arise out of the
Dakota County Contract C0030167
performance of this Agreement, including any inventions, reports, studies, designs, drawings,
specifications, notes, documents, software and documentation, computer-based training modules,
electronically, magnetically or digitally recorded material, and other work in whatever form
(Materials) to the City.
B. The City represents and warrants that Materials produced or used under this Agreement do not and
will not infringe upon any intellectual property rights of another. Notwithstanding anything in this
Agreement to the contrary, City shall indemnify and defend the County, at its expense, from any
action or claim brought against the County to the extent that it is based on a claim that all or parts of
the Materials infringe upon the intellectual property rights of another.
The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies
that the Authority would otherwise possess.
19. Firearms Prohibited
Unless specifically required by the terms of this Agreement, no provider of services pursuant to this
Agreement, including but not limited to employees, agents or subcontractors of City shall carry or
possess a firearm on County premises or while fulfilling the requirements pursuant to the terms of this
Agreement. Violation of this provision constitutes grounds for immediate suspension or termination of
this Agreement at the sole discretion of the County.
20. Compliance with DNR requirements
19.1 Prior to conducting authorized watercraft inspections at water accesses, City must be a local
government unit and execute a Delegation Agreement with the Minnesota Department of
Natural Resources (DNR).
19.2 City must obtain a permit from the DNR prior to conducting invasive aquatic plant management
activities.
21. Severability.
Every section, provision or part of this Agreement is declared severable from every other section,
provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be
held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or
part thereof.
21. Survival of terms
The following clauses survive the expiration or termination of this Agreement: 4.B. Publicity; 7.
Indemnification; 8. Government Data Practices; 10. Audits; 12. Governing Law, Jurisdiction and
Venue.
[Signatures on following page]
Dakota County Contract C0030167
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.
FOR DAKOTA COUNTY
(I represent and warrant that I am authorized to
execute this contract on behalf of Dakota County.)
By: _____________________________________
Georg T. Fischer, Director
Environmental Resources Department
Date of signature:__________________________
FOR THE CITY
_______________________________________
Mayor
_______________________________________
Printed Name
Telephone: ____________________
Date of Signature:_________________
Attest: __________________________________
City Clerk Date
_______________________________________
Printed Name
APPROVED AS TO FORM:
/s/Helen R. Brosnahan 4/10/18
Assistant County Attorney Date
County Attorney File No: KS-18-15-003
Dakota County Resolution Number: 17-215
I T E M: 4.L .
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
Village P ointe P laza/Zvago Central Village - 7070 153rd S treet West (to be Platted as Lots 1
and 2, Block 1, Village Pointe Plaza)
S taff Contact:
K athy Bodmer, A I C P, Planner
Department / Division:
Community Development Department
Applicant:
Village P ointe P laza, L L C and City of A pple Valley
P roject Number:
P C16-30-Z B
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
1. Adopt resolution authorizing purchase agreement for sale of 3.7-acre parcel to Village
Pointe Plaza, LLC , and authorize Mayor and C ity Clerk to sign all required documents.
2. Approve non-exclusive license with Zvago C ooperative at Central Village to allow
encroachment into drainage & utility easement.
S UM M ARY:
Purchase Agreement : At its meeting of December 14, 2017, the C ity Council approved the
purchase agreement for the sale of the 3.65-acre triangle parcel at 7070 - 153rd Street to
Village Pointe Plaza, LLC by motion. T he title company is requesting that the City C ouncil
adopt a resolution that confirms the approval of the sale with a formal resolution. T he City
Attorney's office has drafted a resolution for the C ity C ouncil's action that is consistent with
the Council action taken in D ecember. T he executed copy of the previously approved
purchase agreement is attached.
Non-Exclusive License Agreement: A revised Non-Exclusive License for encroachment into
the drainage and utility easements is requested by Zvago at C entral Village. T he cooperative
wishes to construct seven sets of stairs within the City's drainage and utility easement
adjacent to 153rd Street and Founders Lane. However, the exact description for the
encroachments will not be available until the development is completed and the as-built
survey is prepared. T he stairs will be constructed in a manner that will allow the C ity to
remove the stairs to access any utilities within the easement area if necessary.
T hese two items are housekeeping items to assist with the closing on the property.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
None identified at this time. T he C ity applied for and was awarded a $1,148,639 Livable
Communities Demonstration Account (LC D A) grant from the Met C ouncil to offset the cost
of the acquisition of the property. T he grant will help to ensure a compact, mixed-use
development.
AT TAC HM E NT S :
Resolution
Agreement
Agreement
Area Map
Background Material
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-____
A RESOLUTION AUTHORIZING PURCHASE AGREEMENT
WHEREAS, the City of Apple Valley (“the City”) owns certain real estate located in
Dakota County, State of Minnesota, which is approximately 3.65 acres in area, and which is
assigned Property ID Number 01-81750-01-010 and legally described as:
Lot 1, Block 1, Village at Founders Circle, Dakota County, Minnesota (the “Property”); and
WHEREAS, Village Pointe Plaza LLC, a Minnesota limited liability company, (“VPP”)
desires to purchase the Property from the City and the City desires to sell the Property to VPP
pursuant to the terms and provisions set forth in the Purchase Agreement, a copy of which is
attached to this resolution (“Agreement”); and
WHEREAS, the City Council of the City of Apple Valley, Dakota County, Minnesota
(the “City Council”) reviewed the Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council that the City Council
approve the terms and provisions of the Agreement between the City and VPP and direct the
City’s Mayor and City Clerk to execute the Agreement.
EFFECTIVE DATE OF RESOLUTION
BE IT FUTHER RESOLVED, that the effective date of this resolution adopted herein
shall be December 14, 2017.
ADOPTED this 26th day of April, 2018.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
1
NON-EXCLUSIVE LICENSE
This Non-Exclusive License (“License”) is made this ____ day of _____, 201__
(“License Date”), by and between the City of Apple Valley, a Minnesota municipal corporation,
(“City”) and Zvago Cooperative at Central Village, a Minnesota cooperative and its successors
and assigns (collectively “Licensee”). The City and Licensee are jo intly hereinafter referred to as
“Parties”, and individually as “Party”.
WHEREAS, Licensee is the owner of real property located in Apple Valley, County of
Dakota, State of Minnesota and legally described as Lot 1, Block 1, Village Pointe Plaza
(“Property”); and
WHEREAS, a drainage and utility easement has been dedicated to the public pursuant to
the Plat of Village Pointe Plaza, recorded in the Office of the Registrar of Titles, Dakota County,
Minnesota on ________________ as Document No. ________ (“Easement”); and
WHEREAS, the Property is subject to the terms and conditions of that certain
Declaration, recorded in the Office of the Registrar of Titles, Dakota County, Minnesota on
________________ as Document No. ________ (“Declaration”), which provides for the
construction and maintenance of access and parking over, upon and across portions of the
Property and adjacent property in the plat of Village Pointe Plaza; and
WHEREAS, Licensee intends to construct a building on the Property which includes
decks and staircases connecting seven (7) building entrances to the City sidewalks (collectively
“Encroachments”) on and over the Property that encroach upon portions of the Easement; and
WHEREAS, Licensee seeks permission to access any and all of the Easement (the
“Encroachment Area”) to construct the Encroachments; and
WHEREAS, the City is willing to grant a non-exclusive license to the Licensee, subject
to the terms and conditions contained herein, with the intent that Licensee survey the property
after the completion of the construction of the Encroachments and prior to the termination of this
License so that the City and Licensee may modify and extend this License accordingly.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
Licensee agree as follows:
1. Definitions. Unless the language or context clearly indicates that a different
meaning is intended, the following terms shall have the meaning ascribed to them:
a. “Drainage Service Facilities” are defined to include, but are not limited
to, any equipment, pipe, drain tile, catch basin, holding pond, culvert,
grate, ditch, grading, aeration equipment, infiltration beds, retaining walls,
chemical treatment, vegetative materials, and other devices used to
regulate and control the volume, rate, and quality of storm water runoff
2
and carry rain, melting snow, and other clear water (not wastewater) to
streams, ponds, or other water bodies as contemplated by the City storm
water sewer system (See Section 51.06(A)-(B) and Chapter 52 of the
Apple Valley Code of Ordinances).
b. “Improvements” is defined as the construction, modification, repair or
maintenance of the building and appurtenances approved by the City as set
forth in the City of Apple Valley Resolution 2018-43.
c. “Utility Service Facilities” are defined to include, but are not limited to,
any lines, pipes, mains, cables, couplings, stop boxes, clean outs, stop and
waste valves, curb stop valves and other related valves, meters, fire
hydrants, placed within a drainage and utility easement for purposes of
operating the water and sanitary sewer systems contemplated by Chapter
51 of the Apple Valley Code of Ordinances, and all facilities necessary for
services provided by:
(1) A public utility as defined in Minnesota Statutes;
(2) A telecommunications, pipeline, community antenna television,
fire and alarm communications, electricity, light, heat, cooling
energy, or power services;
(3) A district heating or cooling system; or
(4) A cable communication system as defined in Minnesota Statutes.
2. License for Encroachment Purposes. The City hereby grants to the Licensee,
its successors and assigns, a non-exclusive license to encroach on and over the
Encroachment Area for use and enjoyment, maintenance, modification and
replacement of the Encroachments. This License is subordinate to the rights of
those authorized by Apple Valley Code of Ordinances to use the drainage and
utility Easement. Licensee is strictly prohibited from interfering with the
construction, reconstruction, modification, operation or maintenance of current or
future Utility Service Facilities or Drainage Service Facilities located within the
Easement. Notwithstanding anything to the contrary, the City consents to the
Declaration and specifically, the Parking and Access Easement Area established
therein; provided, that (i) the Parking and Access Easement Area shall remain
subordinate to the Easement; and (ii) the City shall be responsible for repair and
restoration to the paved surfaces within the Parking and Access Easement Area, to
the extent the City’s maintenance, repair or replacement of utilities or other
infrastructure within such Easement causes damage to such paved surfaces.
3. Term. The term of this License shall begin on the License Date and continue
until terminated as provided herein.
4. Condition of Property. The City makes no representation or warranty as to the
condition or suitability of the Encroachments or the Property’s ability to support
the same. Licensee, its successors and assigns, shall be responsible for
3
maintaining the Encroachments and Property in a manner that is in compliance
with Apple Valley Code of Ordinances.
5. Use of Easement. Licensee shall not make Improvements within the Easement
other than those expressly described herein without obtaining a written
amendment to this License, except for the type of Improvement that is allowed by
a property owner within a drainage and utility easement pursuant to Apple Valley
Code of Ordinances. Notwithstanding the initial construction of the
Improvements, Licensee, its successors and assigns, shall provide at least thirty
(30) calendar days written notice to the City of its intent to replace any of the
Improvements within the Easement. This License shall in no way limit
Licensee’s ability to make Improvements to those portions of the Property that are
not within the Easement. The City reserves, on behalf of it and those entities
authorized pursuant to Apple Valley Code of Ordinances, the right and privilege,
but not the obligation, to construct, reconstruct, modify, operate and/or maintain
Drainage Service Facilities and Utility Service Facilities within the Easement,
now and in the future.
6. Damage to the Utility Service Facilities and Drainage Service Facilities
within the Easement. Licensee shall be liable to the City, and hold the City
harmless, for any costs, damages and reasonable attorneys’ fees incurred by the
City as a result of damage to the Utility Service Facilities and Drainage Service
Facilities within the Easement caused intentionally or negligently by the Licensee
or any of Licensee’s agents, employees, tenants, invitees and/or guests.
7. Indemnification. Licensee shall indemnify and hold harmless the City, its agents
and employees, from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property,
including the loss of use resulting therefrom, which are caused in whole or in part
by any act or omission of Licensee and any of Licensee’s agents, employees,
tenants, invitees and/or guests while encroaching upon the Encroachment Area.
Notwithstanding anything set forth in this License to the contrary, in any event,
the U.S. Department of Housing and Urban Development (“HUD”) shall not be
subject to or obligated in any manner under any indemnification obligations in
this License.
8. Construction of Utility Service Facilities and Drainage Service Facilities. The
City shall provide Licensee with written notice of any construction,
reconstruction, modification, replacement, repair or maintenance of Utility
Service Facilities and Drainage Service Facilities (collectively “Utility &
Drainage Construction”) within the Easement. If the City requests in the written
notice that certain Encroachments be removed before commencement of Utility &
Drainage Construction, Licensee shall remove those Encroachments from that
portion of the Easement as identified in the written notice by the date identified in
the written notice of Utility & Drainage Construction. The City may, but is not
4
obligated to, remove those Encroachments from the Easement subsequent to the
date identified in the written notice and collect the cost and expense of doing so
from Licensee, its successors and assigns, or otherwise assess the Property as
allowed by law. The City shall provide further written notice to Licensee once
the City determines that the Utility & Drainage Construction has been completed.
Licensee may reinstall at Licensee’s expense those Encroachments that Licensee
removed at the same location once Licensee receives written notice that the
Utility & Drainage Construction has been completed.
9. Termination. Unless Licensee provides the City with an as-built survey and the
actual legal description of the Encroachments in the Easement after Licensee
completes construction and Licensee and the City agree to amend the License
accordingly, this License shall terminate on the second anniversary of the date of
this License Agreement (“Termination Date”). Additionally, either the City or
Licensee may terminate this License upon providing written notice o f termination
to the other party at least ninety (90) calendar days before the termination date
identified in the written notice. Termination of the License by either Party or on
the Termination Date shall have no effect on either the rights and/or obligations
established by the Easement.
10. Default. Licensee shall be deemed in default if it fails to perform or comply with
any of its obligations under this License. In the event of default by Licensee, the
City may provide written notice to Licensee of default, which Licensee must cure
within fourteen (14) calendar days from the date of the written notice (“Cure
Period”). If Licensee fails to address the default to the City’s satisfaction within
the Cure Period, the City may terminate this License and remove Licensee’s
Improvements from the Encroachment Area, except those that are allowed by a
property owner within a drainage and utility easement pursuant to Apple Valley
Code of Ordinances. In the event of a default by Licensee, the Licensee shall
reimburse the City for all costs and expenses incurred by the City in connection
with enforcing this License, including, but not limited to, the City’s attorneys’
fees and cost of removal of Licensee’s Improvements.
11. Notices. All notices, requests, demands, and other communications hereunder
shall be in writing and shall be deemed given if personally delivered or by
overnight carrier to the following addresses:
If to City, to: City of Apple Valley
7100 147th Street West
Apple Valley, MN 55124
Attn: City Administrator
With a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
Attn: Michael G. Dougherty, City Attorney
5
If to Licensee, to: Zvago Cooperative at Central Village
3530 Lexington Avenue N., #100
Shoreview, MN 55126
Attn: Julie Murray
With a copy to: Gray, Plant, Mooty, Mooty & Bennett, P.A.
500 IDS Center
80 S. 8th St.
Minneapolis, MN 55402
Attn: Catherine L. Sjoberg
12. Successors and Assigns. This License and conditions imposed herein shall be
binding upon and inure to the benefit of Licensee, its successors and assigns.
Licensee may assign this License without the prior consent of the City to any
subsequent purchaser or lessee of the Property to which this License is subject.
13. Miscellaneous.
a. Authority. City and Licensee represent that each, respectively, has full right,
power, and authority to execute this License.
b. Governing Law. This License shall be construed in accordance with the laws
of the State of Minnesota.
c. Force Majeure. Notwithstanding any other provisions in this License, no
default, delay or failure to perform on the part of either party shall be
considered a breach of this License if such default, delay or failure to perform
is shown to be due to causes beyond the reasonable control of the defaulting
Party, including but not limited to, causes such as riots, civil disturbances,
actions or inactions of governmental authorities or suppliers, epidemics, war,
embargoes, severe weather, fire, earthquakes, acts of God or the public
enemy, or nuclear disasters (a “Force Majeure Event”).
d. Third Party Beneficiaries. Nothing herein expressed or implied is intended or
shall be construed to confer upon or give any person other than the Parties
hereto, and their permitted successors and assigns, any rights or remedies
under or by reason of this License.
e. No Waiver. No term or provision hereof shall be deemed waived and no
breach excused, unless such waiver or consent shall be in writing and signed
by the Party claimed to have waived or consented. Any consent by either
Party to, or waiver of, a breach by the other, whether express or implied, shall
not constitute consent to, waiver of, or excuse for any other different or
subsequent breach.
6
f. Survival of Obligations. The Licensee’s obligations under this License shall
survive the termination of this License.
IN WITNESS WHEREOF, the undersigned have executed this License.
[Signatures on next page.]
7
License Encroachment Agreement
Signature page for Zvago Cooperative at Central Village
Zvago Cooperative at Central Village
Dated: ______________________ ___________________________________
By: Julie Murray
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this ______ day of
_________________, 201__, by Julie Murray who being by me first duly sworn, did say that she
is the President of Zvago Cooperative at Central Village a Minnesota cooperative, on behalf of
said cooperative.
_____________________________
Notary Public
8
License Encroachment Agreement
Signature page for City of Apple Valley
City of Apple Valley
Dated: ______________________ ___________________________________
By: Mary Hamann-Roland
Its: Mayor
Dated: ______________________ ___________________________________
By: Pamela J. Gackstetter
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _____ day of _______,
201__, by Mary Hamann-Roland and Pamela J. Gackstetter, respectively the mayor and city
administrator of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the
City of Apple Valley.
_____________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
CONSENT AND JOINDER BY MORTGAGEE
The undersigned (the “Mortgagee”) is a Mortgagee of the real property described in the
Non-Exclusive License to which this Consent and Joinder is attached (“License”). Mortgagee
hereby consents to and joins in the License; provided, that by consenting to and joining in the
License, such consent and joinder do not modify or amend the terms and conditions of the
mortgage and related loan documents, and the mortgage shall remain as a lien on the property
described therein, until released or satisfied.
IN WITNESS WHEREOF, the Mortgagee has caused this Consent and Joinder to be
executed on the day of ____________________, 201___.
DOUGHERTY MORTGAGE LLC
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this day of
_____________, 201___, by ________________________, the _____________________ of
Dougherty Mortgage LLC, a Delaware limited liability company, on behalf of said entity.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
GRAY PLANT MOOTY MOOTY & BENNETT, P.A. (CLS)
500 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
(612) 632.3030
GP:4852-9040-8031 v5
SITE
152ND ST W
FOLIAGE AVEGALAXIE AVE153RD ST W
GARRETT AVE155TH ST W
FORTINO ST
FOUNDERS LNGALANTE LNGABELLA ST
154TH ST W
FLIGHT WAYFROST PATHFONTANA TRLGALLIVANT PLFLOWER WAYFOUNDERS LANE
FLORIST CIR
FRSCOTERRACE153RD ST W
Dakota County GIS
VILLAGE POINTE PLAZA/ZVAGO APPLE VALLEY
µ
LOCATION MAP ^
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution to Reinstate Contract with V & T P ainting, L L C, for Project 2017-101,
Valleywood Reservoir Rehabilitation
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:
Adopt resolution to reinstate the contract with V & T Painting, LLC , for Project 2017-101,
Valleywood Reservoir Rehabilitation.
S UM M ARY:
After negotiations between the C ity Attorney and Bryan Huntington, Attorney for V & T
Painting, terms have been established to reinstate the agreement with V & T Painting to
complete the Valleywood Reservoir rehabilitation. All terms of the original agreement are in
place except as amended by this contract.
T he major points of the reinstatement agreement are:
1. Establishment of a new completion date of J une 15, 2018, weather circumstances
permitting,
2. T he C ity will pay V & T $16,000.00 from the previous approved change order fee of
$57,533.09, which was deducted from the last pay request.
3. V & T shall be responsible for all future engineering fees related to the project, with
fees to be deducted from future pay requests.
T he attached Agreement to Re-Instate Contract has been prepared by the C ity Attorney.
B AC K G RO UND:
On J uly 17, 2017, V & T Painting began rehabilitation work on the Valleywood Reservoir as
scheduled. T his project was projected to be completed within 9 weeks (September 17).
When work was not completed prior to October 31, 2017, a stop work order was
administered.
On J anuary 11, 2018, C ouncil approved a $57,533.09 C hange Order to SEH for project
management and inspections costs beyond the reservoir rehabilitation 9-week schedule. Per
the original agreement, V & T Painting is responsible for costs beyond the completion date
of September 17.
T he C ity Attorney, C ity Administrator, Public Works Director and Public Works
Superintendent - Utilities have had numerous conversations and meetings related to this
project. Based upon the attorneys recommendation, the reinstatement of the contract is in the
best interest of the City due to litigation costs and related timelines.
B UD G E T I M PAC T:
With the reinstatement contract the C ity will incur a $16,000 negotiated payment to V & T
Painting.
AT TAC HM E NT S :
Agreement
Resolution
AGREEMENT TO REINSTATE CONTRACT
This Agreement to Reinstate Contract (“Agreement”) is entered into by and between the
City of Apple Valley (“City”) and V&T Painting, LLC (“Contractor”) as of the date of its
complete execution. City and Contractor are sometimes referred to herein collectively as the
“Parties.”
R E C I T A L S
1. On or about June 25, 2017, City entered into a contract (“Contract”) with
Contractor to rehabilitate the Valleywood Reservoir (“Project”), a water tower
located within the City of Apple Valley, Minnesota. A true and accurate copy of
the Contract is attached hereto as Exhibit 1.
2. The Contract required Contractor to substantially complete the Project no later
than September 17, 2017.
3. In exchange for its services and costs, the City agreed to pay Contractor
$733,750.00.
4. For reasons that are disputed, Contractor did not substantially complete the
Project by September 17, 2017.
5. On January 22, 2018, the City terminated the Contract with Contractor.
6. City and Contractor have agreed to resolve their dispute as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and other good and
valuable consideration was set forth herein, the Parties represent, acknowledge, and agree as
follows:
1. RECITALS RESTATED. The foregoing Recitals are restated here as material terms
of this Agreement.
2. REINSTATEMENT OF THE CONTRACT. The City hereby reinstates the Contract. All
of the terms and conditions of the Contract control except as amended or modified herein.
3. PAST AND FUTURE ENGINEERING FEES. City hired Short Elliott Hendrickson, Inc.,
(“SEH”) to engineer and supervise the Project. To-date, SEH is owed $57,533.09 (“Previously
Incurred SEH Fees”). Contractor shall be responsible for $41,533.09 in Previously Incurred
SEH Fees, which have already been deducted from a prior pay request under the Contract. The
City shall pay the remaining $16,000.00 directly to Contractor within fourteen (14) days of the
execution of this Agreement. Contractor shall be responsible for all of SEH’s future fees
incurred in connection with SEH’s continued work on the Project, which fees Contractor
authorizes to be deducted from future pay requests.
- 2 -
4. THE REMAINING WORK. Contractor’s remaining work under the Contract
includes, but is not limited to, overcoating and power washing (“Contractor’s Remaining
Work”). Contractor shall substantially complete Contractor’s Remaining work, in accordance
with the terms and conditions of the Contract, on or before June 15, 2018, weather circumstances
permitting.
5. DEFAULT. Contractor shall be in default under the Contract in accordance with
the terms and conditions thereof or if Contractor does not substantially complete Contractor’s
Work on or before June 15, 2018, weather circumstances permitting (collectively “Event of
Default”). If an Event of Default occurs, City may enforce any and all rights and remedies to
which it is entitled under the Contract or the law including, but not limited to, making a claim
against Contractor’s bond with Old Republic Insurance Company, which bond guaranteed that
Contractor would complete the Contract according to its terms and conditions and that in the
event that Contractor did not complete the Contract according to its terms and conditions, and
which is available to City to hold City harmless from all costs and charges that may occur as a
result of Contractor’s default under the Contract. (“the Bond”). Contractor warrants and
represented that if an Event of Default occurs and the City chooses to make a claim against the
Bond, Contractor will not object to or otherwise challenge such claim.
6. ATTORNEYS’ FEES AND EXPENSES. If City is required to seek enforcement of this
Agreement, it is entitled to its reasonable attorneys’ fees and costs incurred.
7. GOVERNING LAW. This Agreement will be construed and enforced in accordance
with the laws of the State of Minnesota.
8. VOLUNTARY AND KNOWING ACTION. All Parties signing this Agreement
represent and agree that they have had the opportunity to be represented by their own legal
counsel that they have thoroughly read and understand the terms of this Agreement, that they are
voluntarily entering into this Agreement to resolve the respective claims and objections.
9. NO PRESUMPTION OF DRAFTING PARTY. The Parties to this Agreement, and each
of them, acknowledge that (a) this Agreement, and its reduction to final written form, is the
result of extensive good faith negotiations between the Parties and their respective legal counsel;
(b) said legal counsel carefully reviewed and examined this Agreement for execution by said
Parties; and (c) any statute or rule or construction that provides that ambiguities are to be
resolved against the drafting party or parties shall not be employed in the interpretation of this
Agreement.
10. SEVERABILITY. To the extent any provision or part of this Agreement is void or
otherwise adjudicated to be void or contrary to the law, it is the intention of the Parties that the
rest of the Agreement shall be effective and remain a binding agreement.
11. WAIVER. No waiver of any of the provisions of this Agreement shall be deemed
or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless executed in writing by the
Party making the waiver.
- 3 -
12. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which so executed shall be deemed to be an original and such counterparts
shall together constitute one and the same agreement. Facsimile signature and electronic
signature, such as fax or .pdf, shall be treated as originals.
13. HEADINGS. The headings of the paragraphs and subparagraphs of this Agreement
are for ease of reference only and are excluded for purposes of construction and interpretation of
any of these provisions.
14. COMPLETE AND BINDING AGREEMENT. This Agreement memorializes the entire
Agreement by and between the Parties with respect to the matters set forth herein, is binding on
the Parties, their heirs, successors and assigns. The Parties acknowledge that there are no other
claims, understandings, arrangements, promises, or representations, either written or oral, by and
between them with respect to matters in this Agreement. The Parties further agree and
acknowledge that there are no inducements or representations leading to their signing of this
Agreement, accept as may be contained herein.
IN WITNESS WHEREOF, City and Contractor do hereby agree to all the terms and
provisions contained herein.
Dated:_______________________ V&T PAINTING, LLC
By:_________________________________
_________________________________
Its:___________________________
Dated:_______________________ CITY OF APPLE VALLEY
By:_________________________________
Mary Hamann-Roland
Its: Mayor
By:_________________________________
Pamela J. Gackstetter
Its: Clerk
4816-9428-2849, v. 2
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION REINSTATING RESERVOIR REHABILITATION
WHEREAS, pursuant to City Council Resolution No. 2017-88, Project 2017-101,
Valleywood Reservoir Rehabilitation was awarded to V & T Painting, LLC on May 11, 2017;
and
WHEREAS, contract was terminated on February 8, 2018; and
WHEREAS, said Contractor and City have negotiated terms to reinstate contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the Agreement with V & T Painting, LLC dated May 11,
2017, for Project 2017-101, Valleywood Reservoir Rehabilitation, is hereby reinstated.
ADOPTED this 26th day of April, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
____________________________________
Pam Gackstetter, City Clerk
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E :April 26, 2018
S E C T I O N:Consent A genda
Description:
A dopt Resolution Awarding Agreement f or P roject 2018-104, 2018 Utility I mprovements
S taff Contact:
B randon Anderson, City Engineer
D epartment / Division:
Engineering Division
AC T IO N RE Q UE S T E D:
Adopt resolution awarding agreement to G.F. J edlicki, Inc., for Project 2018-104, 2018 Utility
Improvements, in the amount of $1,532,381.50.
S UM M ARY:
On April 10, 2018, two (2) bids were received for the 2018 Utility Improvements project as described within
the attached bid tabulation. G.F. J edlicki, Inc. submitted the low bid in the amount of $1,532,381.50. Base
Bids ranged from $1,532,381.50 to $1,623,887.42. T he low bid was $52,618.50 under the Engineers estimate
of $1,585,000.00.
Attached for consideration is a resolution awarding the contract to G.F. J edlicki, Inc. for Project 2018-104,
2018 Utility Improvements project in the amount of $1,532,381.50. Should C ity Council award the contract,
it is anticipated work will begin in the month of May. Work on the project will be substantially complete by
September 15, 2018.
A standard C ity agreement will be utilized for this project.
B AC K GROUND :
T he C ity Council adopted Resolution Number 2017-150 on October 12, 2017, directing the preparation of
plans and specifications for Project 2018-104, 2018 Utility Improvements.
T he C ity C ouncil adopted Resolution No. 2018-30 on March 8, 2018, authorizing the receipt of bids for
Project 2018-104, 2018 Utility Improvements.
T he C ity of Apple Valley 2016-2018 Capital Improvement Program identifies potential utility improvement
work in the following neighborhoods as well as repair of deficient infrastructure:
Diamond Path 12” Trunk Water Main Replacement
Delaney Park Storm Sewer Replacement
Briar Oaks/Scout Lake Inlet Maintenance (Sediment Removal)
Dunbar Way Storm Sewer Improvements
Hidden Ponds Storm Sewer Repair
Florida Lane Storm Sewer Repair
Dominica Way Sanitary Sewer Repair
Apple Valley High School Storm Sewer Relocation
C obblestone Lake Trail Storm Repair
Diamond Path Park Storm Repair
Longridge/Harwell Neighborhood Water Main C orrosion Mitigation
Havelock/Harwell/160th Street 8” Water Main Loop
Gate Valve Repairs
A map of the proposed project area is attached (Figure: 1).
A map of the proposed project area is attached (Figure: 1).
B UD G E T IM PAC T:
Project costs and funding are summarized as follows:
Estimated Project Costs:Estimated Costs Awarded C osts
Construction Cost $ 1,585,000.00 $1,532,381.50
Engineering, Construction Admin. & C ontingency 420,000.00 472,618.50
Total Estimated C ost $ 2,005,000.00 $ 2,005,000.00
Estimated Project Funding:
Water Utility
Storm Sewer Utility
$ 1,150,000.00
645,000.00
$ 1,150,000.00
645,000.00
Sanitary Sewer Utility 210.000.00 210,000.00
Total Estimated Funding $ 2,005,000.00 $ 2,005,000.00
AT TAC HM E NT S:
Map
Resolution
E xhibit
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2018-104
2018 UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for improvements identified as Project
2018-104, 2018 Utility Improvements, bids were received, opened and tabulated according to
law and the following bids were received complying with the advertisement: (Tabulation
attached as Exhibit A), and;
WHEREAS, it appears G.F. Jedlicki, Inc., is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a
contract with G.F. Jedlicki, Inc., for its base bid in the amount of $1,532,381.50
for the completion of Project 2018-104 according to the plans and specifications
heretofore approved by the Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return to all bidders the
deposits made with their bids, except that the deposits of the successful bidder
and the next lowest bidder shall be retained until a contract has been signed.
ADOPTED this 26th day of April, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with Metropolitan Emergency S ervices B oard for Opiate A ntidote
Reimbursement
S taff Contact:
Nick Francis, Police Captain
Department / Division:
P olice Department
AC T I O N RE Q UE S T E D:
Approve the subgrant agreement with the Metropolitan Emergency Services Board to seek
reimbursement for opiate antagonists purchased by the police department.
S UM M ARY:
T he agreement, which has been reviewed and approved by the C ity Attorney's O ffice, is a
required written agreement between our department and the board to pay for initial purchases
as we equip our officers with Narcan, which is an antidote for narcotic overdoses.
B AC K G RO UND:
T he police department strives to provide the best possible service to those residing in,
working in, or visiting Apple Valley. We have seen an increase in the number of opiate
overdoses in our community consistent with reports from the rest of the state and country. As
the opiate epidemic continues to evolve, we have begun to train and equip officers with
Narcan, an antidote that can help reverse the effects of an opiate overdose.
T he Metropolitan Emergency Services Board has grant funds available to outfit each staffed
vehicle plus a reasonable reserve. T he police department has purchased $2,400 of
Narcan. Nineteen officers have been trained to administer the drug and it has been placed in
squad cars. Additional officers will be trained as part of our regular first aid training
program.
B UD G E T I M PAC T:
A purchase of $2,400 has been completed. T he reimbursement will be returned to
1200.6399 where the funds originated.
AT TAC HM E NT S :
Agreement
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with Clean 'N S eal, I nc., for Project 2018-128, 2018 Concrete Cleaning &
S ealing Services
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 C lean 'N Seal, Inc., for Project 2018-128, 2018 Concrete C leaning
& Sealing Services in the amount of $19,750.
S UM M ARY:
On March 26, 2018, C ity staff solicited quotations from six companies for steam washing
and sealing decorative concrete and colored sidewalks along the east side of C edar Avenue.
Clean 'N Seal, Inc., submitted the low quote. T he agreement includes steam washing the
concrete and sidewalks at a cost of $0.1125 per square foot, and then sealing the same areas
at a cost of $0.085 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 Streets
Division.
AT TAC HM E NT S :
Exhibit
Exhibit A
BID TABULATION
PROJECT 2018-128
2018 CONCRETE CLEANING & SEALING SERVICES
ITEM EST.UNIT TOTAL UNIT TOTAL
No.ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE
1
DECORATIVE CONCRETE /SIDEWALK
STEAM WASHING SF 100,000 $0.1125 $11,250.00 $0.1260 $12,600.00
2
DECORATIVE CONCRETE /SIDEWALK
SEALING SF 100,000 $0.0850 $8,500.00 $0.0840 $8,400.00
TOTAL BID $19,750.00 $21,000.00
Clean 'N Seal, Inc.Budget Sandblasting & Painting, Inc.
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A pprove Agreement with R E S S pecialty Pyrotechnics, I nc., d/b/a R E S P YR O for Fireworks
Display on J uly 4, 2018
S taff Contact:
B arry B ernstein, Parks and Recreation Director
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Approve an Agreement with RES Specialty Pyrotechnics, Inc., d/b/a RESPY RO in the
amount of $25,000, to provide fireworks display services on J uly 4, 2018; subject to
receiving an acceptable certificate of insurance and permit approval by the Fire Department.
S UM M ARY:
RES Specialty Pyrotechnics, Inc., dba RESPY RO has submitted a proposal for the 2018
Freedom Days fireworks display. Staff has reviewed the proposal and recommends an
agreement retaining their services, contingent on their ability to obtain the applicable permit
from the Apple Valley Fire Marshall.
B AC K G RO UND:
T he Fourth of J uly fireworks display is a long-standing tradition in Apple Valley and is the
closing event of the annual Freedom Days community celebration.
Two proposals for Fireworks Display Services were submitted for a 2018 Freedom
Days show: RES Specialty Pyrotechnics, Inc. and Hollywood Pyrotechnic, Inc. Staff
recommends an agreement with RES Specialty Pyrotechnics, Inc., based on their superior
show proposal and positive past performances in Apple Valley, as well as other area
communities.
T his Agreement also stipulates it is for the 2018 event, with an opportunity for 2019, pending
approval of funding and an excellent rating of the 2018 show.
An Application for Fireworks/Pyrotechnic Display is being completed by RES Specialty
Pyrotechnics, Inc., dba RES PY RO and the C ity of Apple Valley Fire Marshal will issue a
Permit upon review and approval. One of the requirements is proof of a current certificate
for their supervising operator.
B UD G E T I M PAC T:
$25,000 funding allocated within the 2018 budget
AT TAC HM E NT S :
Agreement
I T E M: 4.R.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Consent A genda
Description:
A pprove Change Order No. 1 and 2 to A greement with Pro-Tec Design, I nc., for Municipal
Center Security Camera S ystem
S taff Contact:
Nathan B ang, I T Manager
Department / Division:
Administration / I nformation Technologies
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 1 & 2 to Agreement with Pro-Tec Design, Inc., for Municipal
Center Security C amera System, in the amounts of $971.30 and ($1,200.69).
S UM M ARY:
Attached are two proposed changes to the project contract. T he two change orders cover
issues summarized below. T he total budget impact for the entire change is a
deduction of $229.39. T he contract sum prior to the approval of the change order is
$50,086.72. With the approval of the change orders, the contract sum would be $49,857.33.
B AC K G RO UND:
Item 1: C hange camera to 180 degree camera. One of the cameras in the Police Facility
required a greater angle of coverage than the originally specified camera.
Item 2: Change PD lobby camera to include audio. Due to business conducted in the lobby,
the Police Department wanted this camera to have audio as well.
Item 3: Add camera for juvenile interview room. T his camera was an omission from the
original specification, but is quite necessary.
Item 4: Deduct duplicated camera. One of the existing cameras had been purchased more
recently and is compatible with the new system and does not need to be replaced.
Item 5: Add mounts for exterior cameras. Mounts were needed for two of the exterior
cameras to get a better angle on the desired coverage area.
Item 6: C redit to use existing cable. T here were some pre-pulled cables that could be used
for new camera locations. T his credit deducts labor and cable that did not need to be pulled.
Item 7: Labor to test and patch existing cable. T his is tied to Item 6. To use existing cable,
the contractor had to test, identify, and label each cable.
Item 8: Purchase new camera for reception desk. T he specification intended to reuse an
existing camera to cover the reception desk. But, the housing of the existing camera prevents
it from being aimed where it is intended. A new camera will be purchased for this area and
the existing camera will be reused in a different City building where the housing design won't
interfere with its function.
B UD G E T I M PAC T:
Item 1: $529.86
Item 2: $106.80
Item 3: $622.11
Item 4: ($444.11)
Item 5: $156.64
Item 6: ($2,596.00)
Item 7: $704.00
Item 8: $691.31
AT TAC HM E NT S :
Change Order Document(s)
Change Order Document(s)
Q U O T E
Sold To:City of Apple Valley Ship To:City of Apple Valley
Charles Grawe Charles Grawe
7100 147th Street W est
Apple Valley, MN 55124-7519
United States
7100 147th Street W est
Apple Valley, MN 55124-7519
United States
Phone:(952) 953-2508 Phone:(952) 953-2508
Fax:Fax:
CO - 21370 - Camera Model Changes
Swap (1) Exterior Camera looking at the Rear Service Door and Overhead door from a Standard Camera to a 180
Camera
(2) Additional Pendant Caps and W all Mounts for better coverage on (2) Exterior Cameras at CH and PD Entrances.
(1) Duplicated Existing Camera on Spreadsheet in Juv Interview Room - Need new IP Camera
(1) Swap non-audio camera for PD Front Entrance with Audio Model
Date Quote #Terms Rep Quote Valid For
PTDQ21080 Net 30 days Jill Bartyzal 30 days02/09/18
Line Qty Part #Description List Price Modifier Unit Price Extended Price
1 1 $0.00 $99.99 $99.994S255-S24 LEVITON 24 PORT 1RU QUICKPORT BLANK PATCH
PANEL
2
3 #41 Swap standard to 180 camera
4 -1 $899.00 $800.11 -$800.110886-001
(P3227-LVE)
CAMERA, NETW ORK, DOME, FORENSIC W DR, 5MP,
OPTIMIZED IR
D11
5 1 $1,199.00 $1,067.11 $1,067.110815-001
(P3707-PE)
MULTISENSOR FIXED DOME CAMERA, 4 X 1080P,
ZIPSTREAM
D11
6 1 $84.00 $74.76 $74.765504-821 (T91D61)W ALL BRACKET. FOR USE W ITH AXIS P55-SERIES, AXIS
Q60-SERIES PTZ DOME NETW ORK CAMERAS, AXIS P33
SERIES PENDANT KIT, AXIS P33-VE SERIES PENDANT
KIT, AXIS 225 PENDANT KIT AND AXIS 216/P3301
PENDANT KIT. INCLUDES MOUNTING PLATE. W HITE.
D11
7 1 $99.00 $88.11 $88.115507-511 (T94M02D)PENDANTMOUNTING KIT, P3707, WEATHER CAP, 1.5"
NPS W ALL MOUNT
D11
8 $529.86 SubTotal
9
10 Swap PD Front Entrance #42 to have audio
11 -1 $579.00 $515.31 -$515.310954-001 (P3225-LV
MK II)
DAY/NIGHT FIXED DOME - W DR - OPTIMIZED IR
BUILT-IN, FORENSIC CAPTURE AND LIGHTFINDER - IK08
- 1080P - ZIPSTREAM - 3-10.5MM LENS
D11
12 1 $699.00 $622.11 $622.1101060-001 Day/night fixed dome with support for W DR-Forensic Capture
and Light finder. Discreet, IK10 vandal-resistant indoor casing.
Varifocal 3 – 10 mm P-Iris lens with remote zoom and focus.
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 1
1 of 4
Multiple, individually configurable H.264 and Motion JPEG
streams. HDTV 1080p at 50/60 fps with W DR, and up to 60
fps with W DR disabled. Zip stream for reduced bandwidth and
storage. Video motion detection and active tampering alarm.
Two-way audio and audio detection. Supervised input / digital
output for alarm / event handling. Memory card slot for optional
local video storage. Power over Ethernet, midspan not included.
D11
13 $106.80 SubTotal
14
15 Juv Interview Room #20 did not have an IP
Camera
16 1 $699.00 $622.11 $622.1101060-001 Day/night fixed dome with support for W DR-Forensic Capture
and Light finder. Discreet, IK10 vandal-resistant indoor casing.
Varifocal 3 – 10 mm P-Iris lens with remote zoom and focus.
Multiple, individually configurable H.264 and Motion JPEG
streams. HDTV 1080p at 50/60 fps with W DR, and up to 60
fps with W DR disabled. Zip stream for reduced bandwidth and
storage. Video motion detection and active tampering alarm.
Two-way audio and audio detection. Supervised input / digital
output for alarm / event handling. Memory card slot for optional
local video storage. Power over Ethernet, midspan not included.
D11
17 $622.11 SubTotal
18
19 #25 - Existing IP - did not need a new camera
20 -1 $499.00 $444.11 -$444.110990-001 (P3224-LV
MKII)
CAMERA, NETW ORK, INDOOR FIXED DOME, VANDAL
RESISTANT, BUILT-IN IR, 2.8-10 MM VFL, H.264/MJPEG,
W DR-FORENSIC CAPTURE, ZIPSTREAM, BUILT-IN
MICROPHONE, 720P
D11
21 -$444.11 SubTotal
22
23 #4 and #15 - Ext Cameras would look
better/work better with mounts
24 2 $49.00 $43.61 $87.225505-871 PENDANT KIT, OUTDOOR RATED, P32 SERIES D11
25 2 $39.00 $34.71 $69.425506-481 (T91E61)W ALL MOUNT W ITH INTERNAL CABLE CANAL FOR
DOME CAMERAS WITH 1.5 IN NPS THREAD
D11
26 $156.64 SubTotal
Total $971.30 0.00
All applicable tax has been included
Statement of Work
Exclusions
Thank you again for giving me the opportunity to provide you with this information. If you should need any further
clarification or assistance, don't hesitate to contact me! To proceed with the proposal, please sign the Proposal
Acceptance portion of the proposal and return to me.
Jill Bartyzal
Business Relationship Manager
5929 Baker Road, Suite 400
Minnetonka, MN 55345
Direct (763) 231.8600
Cell (612) 222.6803
Fax (763) 553.0204
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 2
2 of 4
Email jbartyzal@pro-tecdesign.com
PROPOSAL ACCEPTANCE
CO - 21370 - Camera Model Changes
City of Apple Valley
Charles Grawe
7100 147th Street W est
Apple Valley, MN 55124-7519
United States
City of Apple Valley
Printed Name and Title:
Signature:Date:
PO# / Reference #
Pro-Tec Design
Jill Bartyzal Business Relationship ManagerPrinted Name and Title:
Signature:Date:3/16/2018
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 3
3 of 4
Standard Terms and Conditions
FINANCIAL
1. No provisions of this Proposal/Contract shall serve to void our rights under Mechanics' Lien Laws.
2. W e do not accept back charges that have not been previously agreed to by us in writing.
3. Late payments of 60 days or more will bear interest at the standard prevailing commercial rate
4. Unless otherwise specified, you will be billed for 30% of the project total immediately after the receipt of an order. Prompt payment is required to order parts
and cover other costs associated with project start-up.
5. Progress billings will be issued monthly and unless specified in a separate contract all payments are due net 30.
6. Nothing in this Proposal/Contract shall be construed to require us to continue performance of work if we do not receive timely payment for properly performed
work and suitably stored materials.
7. W e retain title to all equipment until installation is complete and all payments due Pro-Tec Design have been paid in full. W e reserve the right to retake
possession of the same or any part thereof at your cost if default is made by you in any payment. If customer fails to follow the payment schedule(s) above or if
Pro-Tec Design anticipates Customer may be unable to perform hereunder, Pro-Tec Design may terminate this contract, defer, discontinue or suspend work, or
demand adequate assurance of Customer's performance. If a Customer's account must be placed with an attorney for collection, whether a lawsuit is filed or
otherwise, or if the services of an attorney are required to protect Pro-Tec Design's interest, Customer agrees to pay all collection costs, including reasonable
attorney's fees.
8. Alterations or modifications of the original quotation or specifications, including changes in quantity, material, design or other features, must be communicated
in writing by Customer to Pro-Tec Design and accepted by Pro-Tec Design in writing, it being understood any change may increase prices. Customer shall be
liable for an reimburse Pro-Tec Design for any and all work in process at the time of Pro-Tec Design's receipt of notice of changes.
SITE CONDITIONS AND W ORK PERFORMANCE
9. W e are not responsible for protection of our work in place.
10. W e will dispose of debris created by our work into Owner-furnished trash bins or container at the site.
11. You shall furnish and make available to us at the site reasonable storage and parking facilities, and convenient delivery access to our work.
12. You shall provide uncluttered and safe access for us to perform our work. The schedule of any other contractors involved in this project shall be made in
consultation with us, and unless otherwise agreed to, shall provide time for us to perform our work on an 8-hour day, 40-hour week basis. This Proposal/Contract
does not include provision for our being required to perform overtime work for any reasons unless otherwise stated. An additional charge to the contract shall be
made for any mutually agreed upon overtime.
13. W e are not responsible for delays or defaults that are occasioned by causes of any kind beyond our control, Including but not limited to delays or defaults of
Architects, the Owner, the Contractor, any Subcontractors, other third parties, civil disorders, labor disputes, and Acts of God. W e shall be entitled to equitable
adjustment for delays caused by any Architect, Engineer, Contractor, or Owner.
14. If any drawings, Illustrations, or descriptive matter are furnished with this Proposal/Contract, they are approximate and submitted only to show the general
style, arrangement, and dimensions of equipment offered.
15. All work will be done during standard business hours, Monday through Friday unless otherwise noted.
W ARRANTY
16. No liquidated damages will be due.
17. THERE ARE NO W ARRANTIES THAT EXTEND BEYOND PRO-TEC DESIGN'S STATED SPECIFICATIONS. PRO-TEC SPECIFICALLY EXCLUDES
ALL W ARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY FO MERCHANTIBILITY, IMPLIED WARRANTY OF FITNESS,
IMPLIED W ARRANTY OF DESIGN, AND ALL OTHER IMPLIED W ARRANTIES. Customer's sole remedy in any action at law based hereunder (other than an
action based on breach of warranty, which warranties are expressly excluded except as set forth herein) shall be limited to the repair or replacement of
nonconforming goods ore parts, or, at Pro-Tec Design's option, refund of the applicable quote. IN NO EVENT SHALL PRO-TEC DESIGN BE RESPONSIBLE
FOR ANY CONSEQUENTIAL ORE ECONOMIC DAMAGES OR LOSS, LOST PROFITS OR CONSEQUENTIALDAMAGES FOR PERSONAL INJURY.
CUSTOMER AGREES THAT THIS PROVISION IS CONSCIONABLE.
18. Pro-Tec Design will warranty the labor and materials covered under this quotation for one year from the date of first beneficial use of the system provided the
Owner is current in their payments to Pro-Tec Design, Inc. Accounts that are not current shall not receive warranty work until said accounts are made current.
Pro-Tec Design will respond during normal business hours Monday through Friday. W eekends, Holidays and after hours warranty support will be billable at
standard overtime rates. W arranty does not include replacement or repair of equipment damaged by Misuse, Negligence, Over or Under Voltage, or "Acts of
God" such as lightning or other weather related incidents. W arranty only covers the repair or replacement of any parts supplied by Pro-Tec and any labor and
travel to and from the site to execute said repairs for one (1) year from the date the Owner has beneficial use of the system. No warranty is extended to not in
contract (NIC) equipment. NIC equipment is defined as any equipment not supplied by Pro-Tec or existing equipment that is re-used. The troubleshooting,
repair or replacement of NIC equipment will be provided by Pro-Tec at a time and materials basis.
19. Pro-Tec Design Is not an insurer of Customer's risks and exposures, Pro-Tec shall not be liable for any failure to perform under this Agreement due to any
"Act of God," "Force Majeure," of another cause beyond Pro-Tec Design's control. Pro-Tec Design shall not be liable for any loss or damage caused in whole or
in part from negligence, fault, or wrongful act of Customer or of any third persons or parties. Services provided under this Agreement are for the sole benefit of
the Customer and no rights are, or may be, conferred on any other party as a third-party beneficiary, by transfer or assignment, or otherwise. Pro-Tec Design's
total liability is limited to the contract price; as matter of law, this limitation does not apply to fraud, willful injury, or willful violation of the law.
OTHER
20. This Proposal/Contract, including the provisions printed above and any specifications or other provisions attached hereto, when accepted by you and Pro-Tec
Design shall constitute the Contract between us, and all prior representations or agreements not incorporated herein are superseded. Any terms or conditions
contained in any Customer proposal/contract/purchase order are expressly rejected and shall not bind Pro-Tec Design or affect or invalidate any terms contained
herein. Terms and conditions herein shall not be modified except upon Pro-Tec Design's express written agreement.
21. This Proposal/Contract shall be interpreted and governed by the laws of the State of Minnesota. Any disputes arising out of business conduced hereunder
shall be venued in the district court of the State of Minnesota. In case of dispute, the prevailing party shall be awarded reasonable attorney's fees.
22. The design and/or intent of the items listed in this system specification is considered intellectual property and owned by Pro-Tec Design and will not be
disclosed to any party other than those intended by Pro-Tec Design. Disclosure of this design/intent will subject the discloser to Consultant Fees equivalent of
the above listed design/build quotation.
23. Customer agrees that during the term of this contract and for two years following termination, they will not directly or indirectly solicit for hire nor contract for
services any employee who performs services hereunder without Pro-Tec Design's written consent
24. This proposal and any documents associated with it supersede any prior verbal or written information provided.
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 4
4 of 4
Q U O T E
Sold To:City of Apple Valley Ship To:City of Apple Valley
Charles Grawe Charles Grawe
7100 147th Street W est
Apple Valley, MN 55124-7519
United States
7100 147th Street W est
Apple Valley, MN 55124-7519
United States
Phone:(952) 953-2508 Phone:(952) 953-2508
Fax:Fax:
CO2 - 21370 - Reuse of Existing Cable
The follow proposals details the items neccessary to perform the following work:
1) Credit for finding and reusing existing cabling for some of the camera positions. Credit for unused cable.
2) Additional labor to tone out the location of existing cabling for use on camera project.
3) Swapping out the front reception camera with a new camera for better coverage.
Date Quote #Terms Rep Quote Valid For
PTDQ21284 Net 30 days Jill Bartyzal 30 days04/11/18
Line Qty Part #Description List Price Modifier Unit Price Extended Price
1 CREDIT OF LABOR AND UNUSED CABLE
FOR REUSE OF CABLE
2 -16 $88.00 $88.00 -$1,408.00STATESTATE CONTRACT TECHNICIAN L
3 -3,600 $0.41 $0.33 -$1,188.00CMPCAT6-4P-4B CABLE, CAT6, YELLOW D20
4
5 LABOR TO IDENTIFY, PATCH AND TEST
EXISTING CABLE
6 8 $88.00 $88.00 $704.00STATESTATE CONTRACT TECHNICIAN L
7
8 REPLACE CAMERA #10 LOOKING AT FRONT
RECEPTION
9 1 $579.00 $515.31 $515.310954-001 (P3225-LV
MK II)
DAY/NIGHT FIXED DOME - W DR - OPTIMIZED IR
BUILT-IN, FORENSIC CAPTURE AND LIGHTFINDER - IK08
- 1080P - ZIPSTREAM - 3-10.5MM LENS
D11
10 2 $88.00 $88.00 $176.00STATESTATE CONTRACT TECHNICIAN L
Total -$1,200.69 0.00
All applicable tax has been included
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 1
1 of 4
Statement of Work
1. PTD to replace existing camera looking at the front reception desk with a new camera. Existing Arecont AV1145 camera to be
repurposed on future city camera project.
Exclusions
Thank you again for giving me the opportunity to provide you with this information. If you should need any further
clarification or assistance, don't hesitate to contact me! To proceed with the proposal, please sign the Proposal
Acceptance portion of the proposal and return to me.
Jill Bartyzal
Business Relationship Manager
5929 Baker Road, Suite 400
Minnetonka, MN 55345
Direct (763) 231.8600
Cell (612) 222.6803
Fax (763) 553.0204
Email jbartyzal@pro-tecdesign.com
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 2
2 of 4
PROPOSAL ACCEPTANCE
CO2 - 21370 - Reuse of Existing Cable
City of Apple Valley
Charles Grawe
7100 147th Street W est
Apple Valley, MN 55124-7519
United States
City of Apple Valley
Printed Name and Title:
Signature:Date:
PO# / Reference #
Pro-Tec Design
Jill Bartyzal Business Relationship ManagerPrinted Name and Title:
Signature:Date:4/12/2018
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 3
3 of 4
Standard Terms and Conditions
FINANCIAL
1. No provisions of this Proposal/Contract shall serve to void our rights under Mechanics' Lien Laws.
2. W e do not accept back charges that have not been previously agreed to by us in writing.
3. Late payments of 60 days or more will bear interest at the standard prevailing commercial rate
4. Unless otherwise specified, you will be billed for 30% of the project total immediately after the receipt of an order. Prompt payment is required to order parts
and cover other costs associated with project start-up.
5. Progress billings will be issued monthly and unless specified in a separate contract all payments are due net 30.
6. Nothing in this Proposal/Contract shall be construed to require us to continue performance of work if we do not receive timely payment for properly performed
work and suitably stored materials.
7. W e retain title to all equipment until installation is complete and all payments due Pro-Tec Design have been paid in full. W e reserve the right to retake
possession of the same or any part thereof at your cost if default is made by you in any payment. If customer fails to follow the payment schedule(s) above or if
Pro-Tec Design anticipates Customer may be unable to perform hereunder, Pro-Tec Design may terminate this contract, defer, discontinue or suspend work, or
demand adequate assurance of Customer's performance. If a Customer's account must be placed with an attorney for collection, whether a lawsuit is filed or
otherwise, or if the services of an attorney are required to protect Pro-Tec Design's interest, Customer agrees to pay all collection costs, including reasonable
attorney's fees.
8. Alterations or modifications of the original quotation or specifications, including changes in quantity, material, design or other features, must be communicated
in writing by Customer to Pro-Tec Design and accepted by Pro-Tec Design in writing, it being understood any change may increase prices. Customer shall be
liable for an reimburse Pro-Tec Design for any and all work in process at the time of Pro-Tec Design's receipt of notice of changes.
SITE CONDITIONS AND W ORK PERFORMANCE
9. W e are not responsible for protection of our work in place.
10. W e will dispose of debris created by our work into Owner-furnished trash bins or container at the site.
11. You shall furnish and make available to us at the site reasonable storage and parking facilities, and convenient delivery access to our work.
12. You shall provide uncluttered and safe access for us to perform our work. The schedule of any other contractors involved in this project shall be made in
consultation with us, and unless otherwise agreed to, shall provide time for us to perform our work on an 8-hour day, 40-hour week basis. This Proposal/Contract
does not include provision for our being required to perform overtime work for any reasons unless otherwise stated. An additional charge to the contract shall be
made for any mutually agreed upon overtime.
13. W e are not responsible for delays or defaults that are occasioned by causes of any kind beyond our control, Including but not limited to delays or defaults of
Architects, the Owner, the Contractor, any Subcontractors, other third parties, civil disorders, labor disputes, and Acts of God. W e shall be entitled to equitable
adjustment for delays caused by any Architect, Engineer, Contractor, or Owner.
14. If any drawings, Illustrations, or descriptive matter are furnished with this Proposal/Contract, they are approximate and submitted only to show the general
style, arrangement, and dimensions of equipment offered.
15. All work will be done during standard business hours, Monday through Friday unless otherwise noted.
W ARRANTY
16. No liquidated damages will be due.
17. THERE ARE NO W ARRANTIES THAT EXTEND BEYOND PRO-TEC DESIGN'S STATED SPECIFICATIONS. PRO-TEC SPECIFICALLY EXCLUDES
ALL W ARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED W ARRANTY FO MERCHANTIBILITY, IMPLIED W ARRANTY OF FITNESS,
IMPLIED W ARRANTY OF DESIGN, AND ALL OTHER IMPLIED W ARRANTIES. Customer's sole remedy in any action at law based hereunder (other than an
action based on breach of warranty, which warranties are expressly excluded except as set forth herein) shall be limited to the repair or replacement of
nonconforming goods ore parts, or, at Pro-Tec Design's option, refund of the applicable quote. IN NO EVENT SHALL PRO-TEC DESIGN BE RESPONSIBLE
FOR ANY CONSEQUENTIAL ORE ECONOMIC DAMAGES OR LOSS, LOST PROFITS OR CONSEQUENTIALDAMAGES FOR PERSONAL INJURY.
CUSTOMER AGREES THAT THIS PROVISION IS CONSCIONABLE.
18. Pro-Tec Design will warranty the labor and materials covered under this quotation for one year from the date of first beneficial use of the system provided the
Owner is current in their payments to Pro-Tec Design, Inc. Accounts that are not current shall not receive warranty work until said accounts are made current.
Pro-Tec Design will respond during normal business hours Monday through Friday. W eekends, Holidays and after hours warranty support will be billable at
standard overtime rates. W arranty does not include replacement or repair of equipment damaged by Misuse, Negligence, Over or Under Voltage, or "Acts of
God" such as lightning or other weather related incidents. W arranty only covers the repair or replacement of any parts supplied by Pro-Tec and any labor and
travel to and from the site to execute said repairs for one (1) year from the date the Owner has beneficial use of the system. No warranty is extended to not in
contract (NIC) equipment. NIC equipment is defined as any equipment not supplied by Pro-Tec or existing equipment that is re-used. The troubleshooting,
repair or replacement of NIC equipment will be provided by Pro-Tec at a time and materials basis.
19. Pro-Tec Design Is not an insurer of Customer's risks and exposures, Pro-Tec shall not be liable for any failure to perform under this Agreement due to any
"Act of God," "Force Majeure," of another cause beyond Pro-Tec Design's control. Pro-Tec Design shall not be liable for any loss or damage caused in whole or
in part from negligence, fault, or wrongful act of Customer or of any third persons or parties. Services provided under this Agreement are for the sole benefit of
the Customer and no rights are, or may be, conferred on any other party as a third-party beneficiary, by transfer or assignment, or otherwise. Pro-Tec Design's
total liability is limited to the contract price; as matter of law, this limitation does not apply to fraud, willful injury, or willful violation of the law.
OTHER
20. This Proposal/Contract, including the provisions printed above and any specifications or other provisions attached hereto, when accepted by you and Pro-Tec
Design shall constitute the Contract between us, and all prior representations or agreements not incorporated herein are superseded. Any terms or conditions
contained in any Customer proposal/contract/purchase order are expressly rejected and shall not bind Pro-Tec Design or affect or invalidate any terms contained
herein. Terms and conditions herein shall not be modified except upon Pro-Tec Design's express written agreement.
21. This Proposal/Contract shall be interpreted and governed by the laws of the State of Minnesota. Any disputes arising out of business conduced hereunder
shall be venued in the district court of the State of Minnesota. In case of dispute, the prevailing party shall be awarded reasonable attorney's fees.
22. The design and/or intent of the items listed in this system specification is considered intellectual property and owned by Pro-Tec Design and will not be
disclosed to any party other than those intended by Pro-Tec Design. Disclosure of this design/intent will subject the discloser to Consultant Fees equivalent of
the above listed design/build quotation.
23. Customer agrees that during the term of this contract and for two years following termination, they will not directly or indirectly solicit for hire nor contract for
services any employee who performs services hereunder without Pro-Tec Design's written consent
24. This proposal and any documents associated with it supersede any prior verbal or written information provided.
5929 Baker Road - Suite #400 - Minnetonka, MN 55345
Phone: 763-553-1477 - Fax: 763-233-6855
solutions@pro-tecdesign.com - www.pro-tecdesign.com Page 4
4 of 4
I T E M: 4.S.
C O UNC I L ME E T I NG D AT E :A pril 26, 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 26 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)
Emma Banks Rehire Water Safety Instructor
Casual,
Seasonal 1930 $ 11.90 Hourly C-04 6/1/2018
John Bermel
Accept
Retirement Police Captain
Full-Time,
Regular 1200 9/28/2018
Alyssa Bhend Rehire Lifeguard II
Casual,
Seasonal 1940 $ 11.95 Hourly C-03 6/1/2018
Michael Borman Hire Maintenance I
Casual,
Seasonal 1710 $ 12.16 Hourly SM1 5/15/2018
Charlie Brown Rehire Maintenance I
Casual,
Seasonal 5105 $ 13.24 Hourly SM1 5/15/2018
Kaya Chaput Rehire Lifeguard I
Casual,
Seasonal 1930 $ 10.75 Hourly C-02 6/1/2018
Tia Donlan Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Sydney Dykhuizen Hire Maintenance I
Casual,
Seasonal 1710 $ 12.16 Hourly SM1 5/15/2018
Olivia Erickson Hire Lifeguard I
Casual,
Seasonal 1940 $ 11.00 Hourly C-02 6/1/2018
Mariah Flohr Rehire Lifeguard I
Casual,
Seasonal 1940 $ 11.00 Hourly C-02 6/1/2018
Tiffany Flohr Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Quinn Foerster Hire Maintenance I
Casual,
Seasonal 5105 $ 12.16 Hourly SM1 5/15/2018
Haley Ford Rehire Lifeguard I
Casual,
Seasonal 1940 $ 11.00 Hourly C-02 6/1/2018
Austin Getting Rehire Maintenance I
Casual,
Seasonal 1710 $ 12.88 Hourly SM1 5/15/2018
Lauren Glas Rehire Lifeguard I
Casual,
Seasonal 1940 $ 10.75 Hourly C-02 6/1/2015
Anika Gram Rehire Lifeguard I
Casual,
Seasonal 1930 $ 10.75 Hourly C-02 6/1/2018
Jacob Grawe Hire Lifegaurd I
Casual,
Seasonal 1930 $ 10.50 Hourly C-02 6/1/2018
Christian Haas Rehire Lifeguard I
Casual,
Seasonal 1940 $ 11.00 Hourly C-02 6/1/2018
Erin Habeck Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Brooke Hager Rehire Lifeguard II
Casual,
Seasonal 1940 $ 11.35 Hourly C-03 6/1/2018
Serena Hall Rehire Lifeguard I
Casual,
Seasonal 1940 $ 10.75 Hourly C-02 6/1/2018
Thomas Halter Rehire Maintenance I
Casual,
Seasonal 1710 $ 12.16 Hourly SM1 5/15/2018
Kate Hanson Rehire Recreation Program Leader
Casual,
Seasonal 1800 $ 10.75 Hourly C-02 6/1/2018
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 3
PERSONNEL REPORT
April 26 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)
Hannah Haugen Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Mason Hille Rehire Maintenance I
Casual,
Seasonal 1600 $ 12.48 Hourly SM1 5/15/2018
Brad Heimkes Hire Maintenance I
Casual,
Seasonal 1710 $ 12.16 Hourly SM1 5/15/2018
Trevor Hestness Rehire Maintenance I
Casual,
Seasonal 1710 $ 12.16 Hourly SM1 5/15/2018
Don Hughes Hire
Golf Outside Service
Attendant
Casual,
Seasonal 5105 $ 10.00 Hourly C-01 5/15/2018
Parker Jamison Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Mark Jendro Rehire
Golf Outside Service
Attendant
Casual,
Seasonal 5105 $ 10.25 Hourly C-01 5/1/2018
Maggie Johnson Rehire Lifeguard II
Casual,
Seasonal 1930 $ 11.95 Hourly C--02 6/1/2015
Emma Joyce Hire Lifeguard I
Casual,
Seasonal 1930 $ 10.50 Hourly C-02 6/1/2018
Claire Knack Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Gabrielle Kraemer Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Peter Krastev Hire Recreation Program Asisstant
Casual,
Seasonal 1800 $ 10.00 Hourly C-01 6/1/2018
Hannah Larson Hire Recreation Program Asisstant
Casual,
Seasonal 1800 $ 10.00 Hourly C-01 6/1/2018
Andres Losinski Rehire Lifeguard I
Casual,
Seasonal 1940 $ 10.75 Hourly C-02 6/1/2018
Ian McCollum Rehire Maintenance I
Casual,
Seasonal 5105 $ 12.16 Hourly SM1 5/15/2018
Lauren McKay Rehire Lifeguard I
Casual,
Seasonal 1940 $ 11.00 Hourly C-02 6/1/2018
Mariah Mullenberg Rehire Lifegaurd I
Casual,
Seasonal 1940 $ 10.75 Hourly C-02 6/1/2018
Eric Munro Rehire Maintenance I
Casual,
Seasonal 1710 $ 12.88 Hourly SM1 5/15/2018
Blair Pointras Rehire
Golf Outside Service
Attendant
Casual,
Seasonal 5105 $ 10.50 Hourly C-01 5/15/2018
Alexander Poncelet Rehire Maintenance I
Casual,
Seasonal 1600 $ 12.88 Hourly SM1 5/15/2018
Maren Reimann Rehire Lifeguard I
Casual,
Seasonal 1940 $ 11.00 Hourly C-02 6/1/2018
Andrew Reinhardt Rehire Lifeguard I
Casual,
Seasonal 1940 $ 11.00 Hourly C-02 6/1/2018
Isaac Schiltz Hire Lifeguard I
Casual,
Seasonal 1940 $ 10.50 Hourly C-02 6/1/2018
Kim Schumann Hire Golf Shop Attendant
Casual,
Seasonal 5105 $ 10.00 Hourly C-01 5/15/2018
Brian Shepherd Hire
Golf Outside Service
Attendant
Casual,
Seasonal 5105 $ 10.00 Hourly C-01 5/15/2018
Abigail Sutton Rehire Lifeguard I
Casual,
Seasonal 1940 $ 10.75 Hourly C-02 6/1/2018
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 3
PERSONNEL REPORT
April 26 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)
Ethan Ta Rehire Maintenance I
Casual,
Seasonal 1710 $ 12.48 Hourly SM1 5/15/2018
Nathan Taylor Rehire Lifeguard I
Casual,
Seasonal 1940 $ 11.00 Hourly C-02 6/1/2018
Ellette Tong Rehire Lifeguard I
Casual,
Seasonal 1930 $ 10.75 Hourly C-02 6/1/2018
Anthony Watts Hire Maintenance I
Casual,
Seasonal 1710 $ 12.16 Hourly SM1 5/15/2018
Cassandra Wolf Rehire Lifeguard I
Casual,
Seasonal 1940 $ 11.00 Hourly C-02 6/1/2018
Danielle Wefring Rehire Lifeguard II
Casual,
Seasonal 1940 $ 11.95 Hourly C-03 6/1/2018
Jack Young Rehire Maintenance I
Casual,
Seasonal 5105 $ 12.16 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 3 of 3
I T E M: 4.T.
C O UNC I L ME E T I NG D AT E :A pril 26, 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 April 6, 2018, and April 11, 2018, in the amounts of $973,610.58, and
$692,078.70, respectively.
AT TAC HM E NT S :
Claims and Bills
Claims and Bills
I T E M: 5.A.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Regular A genda
Description:
A pple Valley Wasatch
S taff Contact:
A lex Sharpe, Planner and Economic Development
S pecialist
Department / Division:
Community Development Department
Applicant:
Wasatch Storage P artners, L L C
P roject Number:
P C17-32-S F G B
Applicant Date: 8/23/2017 60 Days: 10/22/2017 120 Days: 12/21/2017
AC T I O N RE Q UE S T E D:
1. Adopt resolution completing the vacation of a portion of Evendale Way.
2. Adopt resolution approving final plat of Apple Valley Wasatch, subject to compliance
with all C ity Codes and conditions.
3. Approve release of access restriction easement and authorize Mayor and City C lerk to
execute all documents.
4. Adopt resolution approving reallocation of Assessments Roll Nos. 604 and 615.
S UM M ARY:
On November 9, 2017, the C ity C ouncil approved the Preliminary Plat, and Site
Plan/Building Permit Authorization for Apple Valley Wasatch, an 804-unit self storage
facility.
On October 26, 2017, the C ity Council held the public hearing to vacate a portion of
Evendale Way, and the drainage and utility easements dedicated with Eagle Ridge Business
Park. No comments from the public were received and the hearing was closed without action.
New easements are being established with the final plat, and a permanent cul-de-sac is being
constructed in the approximate location of the temporary one.
Park dedication requirements will be satisfied by cash instead of land in the amount of
$15,258 for Lot 1, Block 1. T he additional outlots will be required to pay park dedication at
the time of their final plat/development.
T he Planning C ommission held the public hearing for the Preliminary Plat for this item on
September 20, 2017. Several members of the public expressed support, or asked questions
about the project.
B AC K G RO UND:
Site Plan:
Wasatch Storage Partners, LLC , proposes to subdivide the lot into 4 properties to develop an
approximately 125,000 sq. ft. self-storage facility. Lot 1, Block 1, of Apple Valley Wasatch,
is proposed to have 6.32 acres and is the site of the self-storage facility.
Outlot A, the ponding area, is proposed to be 2.5 acres and will be dedicated to the C ity for
regional stormwater ponding. Outlot B, will be retained by the Patina property owner on the
east side of the site; 3.69 acres that will drain to the expanded ponding area. Outlot C, is
west of the Lifeworks site, and south of the Wasatch Storage site and remains available for
development. T his Outlot is proposed to be 3.15 acres but is restricted by the Magellan
pipeline easement.
City Engineer's Memo:
With the recent subdivision of Apple Valley Wasatch, any levied assessments associated with
the land must be re-apportioned over the newly created lots. T his is the scenario with
assessments levied against the property for City Project 2011-106, Upper 147th Street West
Extension and 2011-141, Eagle Ridge Business Park.
T he City Engineer has worked with the developer to establish the reallocation of all existing
levied assessments on the property. T he following table summarizes the proposed
reallocation for the parcel formerly identified as Outlot A, Eagle Ridge Business Park (PID
# 01-22445-000-10):
Assessment Roll #604 615 Subtotal (604 & 615)
C ity Project #2011-106 2011-141
Balance as of 04/10/2018 $194,953.60 $244,142.36 $439,095.96
Reallocation
Lot 1, Block 1 Apple Valley
Wasatch $89,951.59 $112,647.28 $202,598.88
Outlot A Apple Valley
Wasatch $0.00 $0.00 $0.00
Outlot B Apple Valley
Wasatch $60,221.17 $75,415.58 $135,636.74
Outlot C Apple Valley
Wasatch
$44,780.84
$56,079.50
$100,860.34
Redistribution of the assessment value will not have an impact on the total value of payments
for the assessments.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
Exhibit
Exhibit
Resolution
Aerial Photo
Site P lan
F inal Plat
Exhibit
Development Agreement
Easement
Resolution
Presentation
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 -___
A RESOLUTION VACATING PUBLIC GROUNDS
WHEREAS, pursuant to the requirements of Minnesota Statutes Chapter 412.851, the City Council of Apple
Valley held a public hearing on October 26, 2017, with respect to the vacation of certain public grounds described in the
attached Notice of Completion of Public Grounds; and
WHEREAS, it appears it will be in the best interest of the City of Apple Valley and the public to vacate certain
drainage and utility easements and public right-of-way as such grounds are no longer needed to serve a public purpose
with the re-platting of the subject parcels.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,
Minnesota, that:
1. The vacation of the public grounds described in the Notice of Completion of Vacation of
Public Grounds, attached, is hereby approved.
2. The City Clerk shall present said Notice of Completion of Vacation of Public Grounds to
the County Auditor and County Surveyor and then file a copy with the County Recorder
pursuant to law.
3. The Notice of Completion of Vacation of Public Grounds shall not be released or filed
with the County Recorder until such time as the Apple Valley Wasatch Final Plat has
received all pertinent approvals, and the mylars have been released by the City for
Recording.
4. If the Apple Valley Wasatch Plat, which dedicates new drainage and utility easements, is
not recorded within one (1) year from the date of City Council approval, the approval for
this vacation shall lapse as the purpose for the vacation is no longer present.
ADOPTED this 26th day of April, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
Exhibit A
NOTICE OF COMPLETION
OF VACATION OF PUBLIC GROUNDS IN THE
CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, that pursuant to the resolution of the City Council on April
13, 2017, the City Council of the City of Apple Valley, Dakota County, Minnesota, passed a
resolution vacating the following described public grounds in Apple Valley, to-wit:
That part of Evendale Way, as dedicated in the plat of Eagle Ridge Business
Park, according to the recorded plat thereof, Dakota County Minnesota, lying
northwesterly of the following described line:
Beginning at the northwest corner of Lot 1, Block 1, Eagle Ride Business Park;
thence north 73 degrees 01 minutes 52 seconds east, on an assumed bearing
along the northerly line of said Lot 1, a distance of 160.59 feet to a point of
curve in said northerly line; thence easterly and southeasterly a distance of
113.76 feet, along said northerly line, to the point of beginning of the line to be
described; thence north 73 degrees 01 minutes 52 seconds east, not tangent to
said curve, to the easterly line of said Evendale Way, and said line there
terminating.
And
All those dedicated Drainage and Utility Easement in Outlot A, Eagle Ridge
Business Park, Dakota County Minnesota
Notice is further given that the vacation proceedings were completed by the City Council
on the 26th day of April, 2018.
A copy of the Resolution of Vacation of Public Grounds is attached hereto as Exhibit A
and incorporated herein.
IN WITNESS WHEREOF, I have set my hand this12th day of April, 2018, as Clerk of the
City of Apple Valley, Dakota County, Minnesota.
(SEAL)
2
__________________________________
Pamela J. Gackstetter, City Clerk
STATE OF MINNESOTA )
) ss.
)
On this ______ day of __________________, 2018, before me a notary public within and
for Dakota County, Minnesota, personally appeared Pamela J. Gackstetter, City Clerk of the City
of Apple Valley, Dakota County, Minnesota, known to be the person described in and who
executed the foregoing instrument and acknowledged that she executed the same as her free act
and deed with the authorization and under the direction of the City Council of the City of Apple
Valley, Dakota County, Minnesota.
__________________________________
Notary Public
This document drafted by:
Pamela J. Gackstetter, City Clerk
City of Apple Valley
7100 West 147th Street
Apple Valley, Minnesota 55124
CITY OF APPLE VALLEY
RESOLUTION NO. 2018-___
FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL
APPLE VALLEY WASATCH
WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as
Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and
WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held a
public hearing on an application for subdivision of land by plat on September 20,2017; and
WHEREAS, the City Planning Commission found the preliminary plat to be in conformance
with the standards of Chapter 153 of the City Code and recommended its approval on October 18,
2017, which was subsequently approved by the City Council on November 9, 2017; and
WHEREAS, pursuant to Chapter 153 of the City Code, a development agreement between the
applicant and the City detailing the installation of the required improvements in the subdivision and the
method of payment therefore has been prepared; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that the development agreement and final plat for the following described
plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the same, to wit:
Apple Valley Wasatch
BE IT FURTHER RESOLVED, pursuant to Chapter 153 of the City Code, that said plat shall be
filed with the Dakota County Recorder within sixty (60) days of the certified release from the City
offices or such approval shall be null and void.
ADOPTED this 26th day of April, 2018.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a
resolution adopted by the City Council and the final plat described therein is hereby released for
recording with the Dakota County Recorder this _____ day of __________________, ______.
____________________________________
Pamela J. Gackstetter, City Clerk
144TH ST W
JOHNNY CAKE RIDGE RDUPPER 147TH ST W EVENDALE WAYEVEREST AVEUPPER 147TH ST W
144TH ST W
Wasatch Storage Partners Self-Storage Application Site
µ
LOCATION MAP ^
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
CADD QUALIFICATION
LOUCKS
W:\2007\07112I\CADD DATA\CIVIL\_dwg Sheet Files\C2-1Plotted: 03 /07 / 2018 3:43 PM7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
SUBMITTAL/REVISIONS
PROFESSIONAL SIGNATURE
QUALITY CONTROL
WASATCH
STORAGE
FACILITY
APPLE VALLEY, MN
WASATCH STORAGE
PARTNERS
08/23/17 CITY SUBMITTAL
10/5/17 REVISED CITY SUBMITTAL
10/10/17 REVISED CITY SUBMITTAL
10/27/17 REVISED CITY SUBMITTAL
01/12/18 REVISED CITY SUBMITTAL
03/06/18 CONSTRUCTION DOCS.
C1-1 DEMOLITION PLAN
C2-1 SITE PLAN
C3-1 GRADING PLAN
C3-2 SWPPP
C3-3 SWPPP
C4-1 UTILITY PLAN
C4-2 ROOF STORM SEWER
C8-1 CIVIL DETAILS
C8-2 CIVIL DETAILS
L1-1 LANDSCAPE PLAN
L1-2 LANDSCAPE DETAILS
Review Date
SHEET INDEX
License No.
Date
I hereby certify that this plan, specification or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Professional Engineer under the
laws of the State of Minnesota.
Vicki J. Van Dell - PE
41352
Project Lead
Drawn By
Checked By
Loucks Project No.07112-0I
VJV
DDL
VJV
03/06/18
03/06/18
SITE PLAN GENERAL NOTES
1.BACKGROUND INFORMATION IS BASED ON A FIELD SURVEY BY LOUCKS AND RECORD
UTILITY DRAWINGS FROM THE CITY. LOUCKS DOES NOT GUARANTEE THE ACCURACY
OF INFORMATION PROVIDED BY OTHERS.
2.SETBACKS:
FRONT BUILDING SETBACK = 50 FT FRONT PARKING SETBACK = 20 FT.
SIDE BUILDING SETBACK = 10 FT.SIDE PARKING/RESIDENTIAL = 5
SIDE BUILDING SETBACK/RESIDENTIAL = 60 FT.SIDE PARKING/RESIDENTIAL = 20
REAR BUILDING SETBACK = 10 FT.REAR REAR SETBACK = 5 FT.
3.ZONING
EXISTING ZONING = I-2 PROPOSED ZONING = I-2
3. PARKING SUMMARY
REGULAR STALLS = 5
HANDICAP STALLS =2
STALLS AT STORAGE DOOR = 99
PROOF OF PARKING STALLS =58
TOTAL PARKING PROPOSED =164
TOTAL PARKING REQUIRED =164
4. AREA
TOTAL SITE AREA = 275,401 SQ.FT. = 6.32 AC.
EXISTING IMPERVIOUS SURFACE AREA =0 SQ.FT. OR 0 AC. = 0.0%
EXISTING PERVIOUS SURFACE AREA = 276,087 SQ.FT. OR 7.07AC. = 100.0%
PROPOSED IMPERVIOUS SURFACE AREA = 209,970 SQ.FT. OR 4.82 AC. = 76%
PROPOSED PERVIOUS SURFACE AREA = 66,117 SQ.FT. = 1.52 AC. = 24%
BUILDING AREA = 122,200 SQ. FT.
BUILDING COVERAGE = 44%
5. ALL PAVING, CONCRETE CURB, GUTTER AND SIDEWALK SHALL BE FURNISHED AND
INSTALLED IN ACCORDANCE WITH THE DETAILS SHOWN PER SHEET C8-1 AND THE
REQUIREMENTS OF THE CITY.
6. THE CITY DEPARTMENT OF ENGINEERING AND BUILDING INSPECTIONS DEPT. AND THE
CONSTRUCTION ENGINEER SHALL BE NOTIFIED AT LEAST 48 HOURS PRIOR TO ANY
WORK WITHIN THE STREET RIGHT OF WAY (SIDEWALK, STREET OR DRIVEWAYS)
7. MINNESOTA STATE STATUTE REQUIRES NOTIFICATION PER "GOPHER STATE ONE CALL"
PRIOR TO COMMENCING ANY GRADING, EXCAVATION OR UNDERGROUND WORK.
8. SEE CONTRACT SPECIFICATIONS FOR ANY REMOVAL DETAILS.
9. ANY SIGN OR FIXTURES REMOVED WITH IN THE RIGHT OF WAY OR AS PART OF THE SITE
WORK SHALL BE REPLACED BY THE CONTRACTOR IN ACCORDANCE WITH THE CITY
REQUIREMENTS. THE CONTRACTOR SHALL PRESERVE AND MAINTAIN ANY EXISTING
STREET LIGHTS AND TRAFFIC SIGNS PER THE REQUIREMENTS OF THE CITY.
10.CLEAR AND GRUB AND REMOVE ALL TREES, VEGETATION AND SITE DEBRIS PRIOR TO
GRADING. ALL REMOVED MATERIAL SHALL BE HAULED FROM THE SITE DAILY. ALL
CLEARING AND GRUBBING AND REMOVALS SHALL BE PERFORMED PER THE CONTRACT
SPECIFICATIONS. EROSION CONTROL MEASURES SHALL BE IMMEDIATELY ESTABLISHED
UPON REMOVAL. (SEE SHEET C3-1)
11.THE CONTRACTOR SHALL BE REQUIRED TO OBTAIN ALL PERMITS FROM THE CITY AS
REQUIRED FOR ALL WORK WITH THE STREET AND PUBLIC RIGHT OF WAY.
12.A SIGNIFICANT PORTION OF SITE IMPROVEMENTS NOT SHOWN ON THIS SHEET ARE
DESCRIBED AND PROVIDED IN FURTHER DETAIL ON THE ARCHITECTURAL AND
LANDSCAPE PLANS. THIS INCLUDES LANDSCAPING, LIGHTING AND OTHER FIXTURES.
13.B612 CONCRETE CURB AND GUTTER SHALL BE INSTALLED AT THE EDGE OF ALL
COMMON DRIVES AND PARKING LOTS. B618 CONCRETE CURB AND GUTTER S HALL BE
INSTALLED IN PORTION OF PUBLIC IMPROVEMENTS PROJECT IN EVENDALE WAY.
14.THE CONTRACTOR SHALL SAW-CUT BITUMINOUS AND CONCRETE PAVEMENTS AS
REQUIRED PER THE SPECIFICATIONS. REMOVE EXISTING CURB AND GUTTER AND INSTALL
B618 CONCRETE CURB AND GUTTER.
15.SEE SHEETS C3-1 AND C4-1 FOR GRADING AND UTILITIES.
16.CONTRACTOR TO SUBMIT SHOP DRAWING FOR CHAIN LINK FENCE AN DGATE SYSTEM.
COORDINATE W/ ARCHITECT/OWNER PRIOR TO SUBMITTAL.
17.ALL SIDEWALKS AND BITUMINOUS PATHWAYS TO BE A.D.A. COMPLIANT. RUNNING
SLOPES TO BE 5.0% MAXIMUM. CROSS SLOPES TO BE 2.0% MAXIMUM. PRIOR TO
INSTALLATION OF CONCRETE, CONTRACTOR TO NOTIFY ENGINEER SHOULD DESIGN
APPEAR TO BE OUT OF COMPLIANCE. CONTRACTOR IS RESPONSIBLE FOR REMOVAL
AND REPLACEMENT OF SIDEWALKS AND BITUMINOUS PATHWAYS IF THEY ARE NOT
COMPLIANT.
WARNING:
THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL
EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN
MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES.
THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT
LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES,
CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE
DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED
DURING CONSTRUCTION AT NO COST TO THE OWNER.
PAVMENT LEGEND
BITUMINOUS PAVEMENT
(PRIVATE DEVELOPMENT)
BITUMINOUS PAVEMENT
(PUBLIC IMPROVEMENT)
STANDARD CONCRETE
HEAVY DUTY CONCRETE
SCALE IN FEET
0 40 80
N
SCALE IN FEET
0 40 80
N
PIPELINE NOTE: PRIOR TO ANY WORK NEAR THE PIPELINES PLEASE
CONTACT THE NATIONAL ONE CALL TELEPHONE NUMBER: 811;
OR THE LOCAL ONE CALL TELEPHONE NUMBER.
SITE PLAN
C2-1
Existing Plat
131 S 700 E SUITE 102AMERICAN FORK, UT 84003801 -692 -1474HEAL DESIGN GROUP469-920-0123lance@healdesigngroup.comCONCEPTUAL EXTERIOR VIEWAPPLE VALLEY, MNARGOSSW 7065POSITIVE REDSW 6868NEBULOUS WHITESW 7063GALVALUMEACRYLIC COATEDCITY SCAPESW 7067IRON ORESW 7069
______________________________
_______________________________________
DEVELOPMENT AGREEMENT
Between
WSP APPLE VALLEY, LLC;
PATINA APPLE VALLEY LAND LLC
And
CITY OF APPLE VALLEY
For
APPLE VALLEY WASATCH
_______________________________________
______________________________
1
A G R E E M E N T
WHEREAS, the City of Apple Valley, Dakota County, Minnesota, (the
"City"), has been requested by Patina Apple Valley Land LLC, a Minnesota
limited liability company (“Patina”) and WSP Apple Valley, LLC, a Delaware
limited liability company (“Developer”) to approve for recording the following
described plat:
The plat of Apple Valley Wasatch; and
WHEREAS, Developer and Patina intend to develop the real property
legally described on the plat (the “Property”) as one (1) lot and three (3) outlots;
and
WHEREAS, pursuant to City Ordinances, the Planning Commission held a
public hearing with reference to the ap plication for approval of the plat on
September 20, 2017; and
WHEREAS, the Planning Commission recommended its approval on
October 18, 2017; and
WHEREAS, the City Council approved the preliminary plat on November 9,
2017;
WHEREAS, Patina is the owner of the Property and upon filing of the Plat
intends to convey Lot 1 and Outlots A and C to WSP (the “WSP Property”) and to
retain Outlot B;
NOW, THEREFORE, in consideration of the mutual agreements of the
parties, it is hereby agreed by and between the parties as follows:
1. Subject to the terms and conditions of this Agreement, the City hereby
approves for recording the plat known as Apple Valley Wasatch, as shown and
noted on Exhibit “A” attached hereto (the “Plat”).
2
2. The Property is governed by the terms and conditions of the City’s
Zoning Ordinance (the “Ordinance”). Any use or development of the Property
shall be in accordance with the provisions of the Ordinance.
3. The Developer has requested and the City has designed the necessary
water laterals and services, sanitary sewer laterals and services, storm sewer
bituminous streets with concrete curb and concrete sidewalks to service the Plat
(the "Municipal Improvements"). These Municipal Improvements are identified in
the plans for Apple Valley Project No. 2018-116 (“the Municipal Plans”.)
The municipal improvements serving the Plat shall be maintained as follows:
A. The City shall only be responsible for maintenance of sanitary
sewer lines having a pipe equal to or greater than eight inches in
diameter and located within public right -of-way or utility easements.
Maintenance of service and lateral lines shall be in accordance with
City Policy 2.03 Water and Sanitary Sewer Service Maintenance and
Repair Policy Adopted July 8, 2010, per Resolution 2010 -144.
B. The City shall only be responsible for the maintenance of water
lines having a pipe equal to or greater than six inches in diameter and
located within public right-of-way or utility easements. Maintenance
of service and lateral lines shall be in accordance with City Policy
2.03 Water and Sanitary Sewer Service Maintenance and Repair
Policy Adopted July 8, 2010, per Resolution 2010-144.
C. The storm sewer improvements located entirely within public
right-of-way or dedicated public easements shall be owned and
maintained by the City.
4. The Developer and Patina shall comply with the conditions of
preliminary plat approval set forth in City of Apple Valley Resolution No. 2017-
166, a copy of which is attached hereto as Exhibit “B” and incorporated herein.
Notwithstanding the foregoing, Patina shall have no responsibility hereunder to
comply with any of the aforesaid conditions that specifically relate to the
3
development of Lot 1 or that are obligations specifically assigned to the Developer
under this Agreement.
5. Developer shall comply with the conditions of building permit
authorization set forth in City of Apple Valley Resolution No. 2017-167, a copy of
which is attached hereto as Exhibit “C” and incorporated herein.
6. Subject to the provisions hereunder, the Developer shall install the
Municipal Improvements in accordance with the Municipal Plans, grade Lot 1 and
Outlots A and C, and install improvements in accordance with and under the
following conditions:
A. To complete all improvements in conformance with the plans
and specifications submitted by Developer and approved by the
City, including but not limited to the following plans prepared
by Loucks with an issue date of August 23, 2017, and a revision
date of October 10, 2017 (except as noted below), and any
subsequent revisions as required by the City Engineer:
Sheet C1-1 Demolition Plan
Sheet C2-1 Site Plan
Sheet C3-1 Grading Plan
Sheets C3-2-3 SWPPP
Sheet C4-1 Utility Plan
Sheet C8-1 Civil Details
Sheet L1-1 Landscape Plan & Details
Sheet A200 Elevations (prepared by
Heal design Group, last revised
8/22/2017)
(No structure shall be erected on the Outlots without a Resolution
from the City authorizing issuance of a building permit.)
B. To construct sidewalk(s) and driveways with concrete or
bituminous material in accordance with City construction
standards.
4
C. To seal or cause to be sealed all existing wells on the Property
in accordance with State, County and local laws.
D. To install a protective box and cover over each sewer cleanout
and water shutoff, to City specifications.
E. To install all lot monuments upon or before October 31, 2018.
F. To install and maintain all materials (trees, shrubs and sod)
identified in the City approved landscape plan.
G. The Developer agrees to comply with all requirements of the
Natural Resources management regulations as set forth in
Chapter 152 of the Apple Valley City Code prior to, during and
after the development of the Property. The Developer further
agrees to submit to the City for its approval, a Natural
Resources Management Plan prior to any construction or land-
disturbing activity in connection with the development of the
WSP Property. The Developer shall implement and comply
with all terms and conditions of the approved Natural
Resources Management Plan prior to and during any
construction or land-disturbing activity, including, but not
limited to, maintaining the performance security required in
Chapter 152 of the Apple Valley City Code.
H. To install erosion control measures in accordance with the
approved Natural Resources Management Plan.
I. To install each item noted in this Section 6 at the Developer's
sole cost and expense, in accordance with all plans reviewed
and approved by the City.
J. To attend a preconstruction meeting with representatives of the
City and to require the attendance of all contractors and
subcontractors, prior to commencement of construction.
K. Developer will not bury any pipe nor install bituminous surface
nor pour concrete pursuant to implementing the Plans, without
the specific approval of the City Inspector, prior to the work
being performed.
5
L. All “on-site” inspections by the City during the construction of
the improvements described herein will be done at the sole cost
and expense of Developer, by inspectors supplied by the City.
M. The Developer shall repair any and all damage to City streets,
curbs, gutters, utilities and other municipal improvements
caused by or resulting from the development of the Property, at
the Developer’s sole cost and expense.
N. To deliver and to keep in existence with the City, a letter of
credit or cash escrow in the amount of $416,284.00 (“Financial
Guaranty”) to secure the performance and payment of the
Developer's construction obligations under this Agreement as
they relate to the improvements designated by the City in
accordance with the provisions of Section 6 herein, in a form
and with terms to the sole satisfaction of the City, until all the
construction obligations under this Agreement are fulfilled.
Periodically upon Developer’s written request and upon
completion and verification of satisfactory compliance of any
installed improvements; a like percentage of that portion of the
Financial Guaranty covering those specific completed
improvements may be released; except however the final twenty
percent (20%) of that portion of the Financial Guaranty covering
the improvements shall be held until a final acceptance by the
City of all requirements under the Development Agreement. At
the time of final inspection of all improvements, if it is
determined by the City that the submitted plans and specifications
were not strictly adhered to or that work was done without City
inspection, the City may require that Developer post a cash
escrow equal to one hundred twenty-five percent (125%) of the
estimated amount necessary to correct the deficiency or to protect
against deficiencies arising therefrom. Such additional cash
escrow shall remain in force for such time as the City deems
necessary, not to exceed five (5) years.
O. To pay the City's reasonable costs related to the Property and
this Agreement, including but not limited to design of the
Municipal Improvements, administration, engineering, legal
6
fees, inspection and enforcement. The City shall submit
invoices to the Developer with detailed descriptions of the
services rendered by the City in accordance with this
Agreement. The Developer shall deposit the sum of $33,000
with the City toward payment of the City's reasonable costs. I f
the City's reasonable costs exceed the deposit, Developer agrees
to reimburse the City within thirty (30) days of billing. Should
the costs be less than the amount of the deposit, upon
completion of the improvements, the amount remaining on
deposit shall be returned to the Developer.
P. That any material violation of the terms of this Agreement and
in particular this section, shall allow the City to stop and enjoin
all construction in the Property until the violation is remedied to
the reasonable satisfaction of the City. The Developer agrees to
hold the City harmless from any damages, causes of action, or
claims related to the construction being stopped by the City.
7. Unless a longer warranty period is provided by Minnesota law, the
Developer warrants all Municipal Improvements required to be performed by
Developer, its agents and employees, against poor materials and faulty
workmanship for a period of two (2) years after acceptance by the City. Developer
shall provide a warranty bond(s), in an amount equal to the cost of the Municipal
Improvements, for a two (2) year period commencing upon the City's acceptance
of the Municipal Improvements. The Developer shall be solely responsible for the
cost and expense to perform all required repair work to City Standards within thirty
(30) days of written notification by the City.
8. A. General Requirements. The Developer shall not commence the
Municipal Improvements until it has obtained all insurance required under this
Section and shall have filed the certificate of insurance or the certified copy of the
insurance policy with the City, and the Developer shall maintain such insurance
until the date six (6) months after the City has accepted the Improvements. The
Developer shall not allow any subcontractor to commence work on its subcontract
7
until all insurance required for the subcontractor has been obtained. Each
insurance policy shall contain a clause providing that it shall not be canceled by the
insurance company without ten (10) days written notice to the City of intent to
cancel. The Developer shall notify its insurance company in writing that the
insurance company must notify the City if it cancels the Developer’s insurance.
The Developer shall provide a copy of this written notice to the City. Ea ch
insurance policy shall contain a clause naming the City as an additionally insured
party under the policy.
Certificates of insurance shall be submitted on Standard Form
C.I.C.C.-701 or ACORD 25 forms and shall specifically note
the clause providing for 10 days written notice to the City of
intent to cancel. The certificates of insurance shall also
specifically note the clause naming the City as an additionally
insured party under the policy. The following minimum
coverage shall apply.
i) Worker's compensation insurance as required by law.
ii) Employer’s liability insurance with minimum limits as follows:
Bodily Injury By Disease: $500,000 per person
Bodily Injury By Disease: $500,000 general aggregate
Bodily Injury By Accident: $500,000 general aggregate
iii) Contractor’s Comprehensive general and automobile liability
insurance, including coverage for non-owned and hired
vehicles, in limits as follows:
General Liability - $1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability - $1,000,000 Combined Single
Limit for Bodily Injury and Property
damage
8
iv) In addition to all listed coverages, Developer shall procure and
maintain an Umbrella or Excess liability policy in a minimum
limit of $2,000,000.
B. Minimum Insurance Requirements. Losses other than those
covered by insurance shall be the sole responsibility of the
Developer. The insurance requirements as set forth herein shall
be considered to be minimum requirements only. Any other
insurance that may be necessary to provide adequate coverage
must be provided by the Developer at its sole cost and expense.
C. Contractual Liability. To the fullest extent permitted by law, the
Developer shall indemnify and hold harmless the City and its
agents and employees from and against all claims, damages,
losses and expenses, including but not limited to reasonable
attorneys' fees arising out of or resulting from the performance
of this Agreement provided that any such claim, damage, loss
or expense, but only to the extent the same (1) is attributable to
bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the work itself)
including the loss of use resulting therefrom, and (2) is caused
in whole or in part by any negligent act or omission of the
Developer, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part
by a party indemnified hereunder, but not to the extent caused
by the gross negligence or willful misconduct of a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as to any
party or person described in this Section.
9. The Developer agrees to install all utilities underground in the
Property, specifically including electrical, telephone, cable television and gas
services. The Developer hereby represents that all utility services will b e available
for a building prior to occupancy of any dwelling in that respective building.
9
10. No occupancy of any building in the Property shall occur until water,
sanitary sewer, and a paved driving surface are available for use to that building.
11. Prior to the release of the plat for recording, the Developer shall:
A. Deliver to the City the Financial Guaranty (Section 6N).
B. Deposit the funds to the City (Section 6O).
12. Prior to the issuance of a building permit application, the Developer
agrees to pay the City for the public services furnished to the WSP Property, in an
amount as determined below upon the basis of units (per building) as determined
by the City Engineer, which amount shall be paid in the following manner:
A. Sewer Availability Charge - The rate per unit is based on the
year in which the building permit is issued (presently $2,821.00
per unit - $2,485.00 Metro and $336.00 City). The person who
applies for a building permit shall pay, at the time of the
issuance of the permit, an amount equal to the rate times the
number of units. This fee is subject to change if the obligation
of the City to the Metropolitan Waste Control Commission
changes.
B. Water System, Supply and Storage Charge - The rate per unit is
based on the year in which the building permit is issued
(presently $913.00 per unit). The person who applies for a
building permit shall pay, at the time of the issuance of the
permit, an amount equal to the rate times the number of units.
13. The parties mutually recognize and agree that the park dedication
requirements for Lot 1, as provided in Chapter 153 of the City Code, shall be
satisfied by a cash payment of $15,258.00 by the Developer. This amount shall be
paid by the Developer prior to the release of the plat for recording. Additional park
dedication shall be due and owing to the City upon the replat of Outlots B & C.
10
14. The parties mutually recognize and agree that storm water pond dedication
requirements, as provided in Chapter 153 of the City Code, shall be satisfied by a
combination of the dedication of drainage and utility easements on the plat, the
grading of the Property in conformance with City approved plans, and the
conveyance to the City of Outlot A. Prior to the release of the plat for recording,
Developer shall cause a title company acceptable to the City to issue a commitment for
an ALTA title insurance policy insuring the City as the fee owner of marketable title to
Outlot A, subject only to title exceptions acceptable to the City. The final policy shall
provide the City with coverage in the amount of the assessed value of Outlot A, as
determined by Dakota County, following the recording of the Plat. .Following
completion of the grading and its acceptance by the City, Developer shall deliver to the
City a Warranty Deed, in recordable f orm, conveying fee simple title in Outlot A to the
City. Developer shall pay all costs and expenses associated with the conveyance,
including without limitation: expenses related to preparation of the title insurance
commitment and issuance of the title insurance policy; premium for the owner’s title
policy; closing fees: recording fees: deed tax: and the real estate taxes assessed or
estimated to be assessed against Outlot A prior to the City obtaining an exemption from
real estate taxes.
15. The Developer agrees to install and pay for a public (or private) street
lighting system for the Property, in accordance with City and Dakota Electric
Company standards.
16. The Developer agrees to provide the City with as -built surveys for any
building constructed within the Property, prior to the issuance of the Certificate of
Occupancy for that building.
11
17. The Developer agrees to reimburse the City for all reasonable
engineering, administrative and legal costs and expenses incurred by the City in
connection with this Agreement or the enforcement thereof.
18. Prior to recording the plat, the Developer shall provide the City with
evidence of a perpetual access easement from Lot 1 and Outlot C to Johnny Cake
Ridge Road, the easement shall be reviewed and approved by the City Attorney.
The easement shall be recorded with the plat.
19 The City shall release a portion of the existing access restriction
easement which restricts access from the Plat to Johnny Cake Ridge Road. The
release shall be recorded with the Plat.
20. The Developer shall deliver to the City copies of the recorded
documents to evidence that the Developer has complied with its recording
obligations under this Agreement.
21. The Developer hereby specifically releases the members of the City
Council from any personal liability in connection with handling funds pursuant to
the terms of this Agreement, and further agrees to indemnify and hold the members
of the City Council harmless and against all claims, damages, losses and expenses,
including but not limited to reasonable attorneys' fees, arising out of or resulting
from the performance of this Agreement to the extent caused in whole or in part by
any negligent act or omission of the Developer, or anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable,
12
regardless of whether or not it is caused in part by a party indemnified hereunder,
but not to the extent caused by the gross negligence or willful misconduct of a
party indemnified hereunder.
22. The parties mutually recognize and agree that all terms and conditions
of this Agreement shall run with the Property and shall be binding upon the
respective heirs, administrators, successors and assigns of the Developer. In the
event of a conflict between the terms of this Development Agreement and any
previous development agreements recorded against the Property or portions
thereof, the terms of this Agreement shall govern.
23. For two (2) years after the date of the approval of the Plat, no
amendments to the City’s Comprehensive Plan or official controls shall apply to or
affect the use, development density, lot size, lot layout or dedications required or
permitted by the approved Plat, unless expressly required by state or federal law or
agreed to in writing by the City and Developer.
[Signature pages to follow]
13
WSP Apple Valley, LLC,
a Delaware limited liability company
By: Wasatch Management, LLC,
a Delaware limited liability company
Its: Manager
_________________________________
By: Bret Durfee
Its: Chief Executive Officer
STATE OF _______________ )
) ss.
COUNTY OF _____________ )
On this ___ day of ____________, 2018, before me a Notary Public within and for
said County, personally appeared Bret Durfee to me personally known, who being by me
duly sworn, did say that he is the Chief Executive Officer of Wasatch Management, LLC,
a Delaware limited liability company, as Manager of WSP Apple Valley, LLC, a
Delaware limited liability company named in the instrument, and that said instrument
was signed on behalf of said company as the free act and deed of the company.
_________________________________
Notary Public
14
Patina Apple Valley Land LLC
a Minnesota limited liability company
____________________________________
By: Christina Caulkins
Its: Chief Manager
STATE OF COLORADO )
) ss.
COUNTY OF _________ )
On this ___ day of ____________, 2018, before me a Notary Public within
and for said County, personally appeared Christina Caulkins to me personally
known, who being by me duly sworn, did say that she is the Chief Manager of
Patina Apple Valley Land, LLC, a Minnesota limited liability company named in
the instrument, and that said instrument was signed on behalf of said compan y as
the free act and deed of the company.
______________________________
Notary Public
15
City of Apple Valley
________________________________
By: Mary Hamann-Roland
Its: Mayor
________________________________
By: Pamela J. Gackstetter
Its: City Clerk
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 and Pamela J.
Gackstetter to me personally known, who being each by me duly sworn, each did
say that they are respectively the Mayor and Clerk of the City of App le Valley, the
municipality named in the foregoing instrument, and that the seal affixed on behalf
of said municipality by authority of its City Council, and said Mayor and Clerk
acknowledged said instrument to be the free act and deed of said municipality.
_____________________________
Notary Public
This instrument was drafted by:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, Minnesota 55124
(952) 432-3136
MGD/sad (66-37846)
LOUCKS
N
SCALE IN FEET
0 50
SITE
N
EXHIBIT A
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-166
PRELIMINARY PLAT APPROVAL APPLE VALLEY WASATCH
WHEREAS,pursuant to Minnesota Statutes 462.358,the City of Apple Valley adopted, as
Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and
WHEREAS,pursuant to Chapter 153 of the City Code,the City Planning Commission held
a public hearing on an application for subdivision of land by plat on September 20, 2017; and
WHEREAS,the City Planning Commission reviewed the preliminary plat for conformance
with the standards of Chapter 153 of the City Code and made a recommendation regarding its
approval on October 18, 2017, subject to conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota,that the preliminary plat for the following described plat of
land is hereby approved for a two year period,to wit:
APPLE VALLEY WASATCH
BE IT FURTHER RESOLVED,pursuant to Chapter 153 of the City Code,that said
preliminary plat approval is subject to the following conditions, which shall be incorporated into a
development agreement to be considered for approval at the time of submission of the request for
final plat approval:
1. The plat shall be configured to have one(1) lot(s) and three (3) outlot(s).
2. Park dedication requirements are based upon the City's finding that the
subdivision will create 12.4 employee/residential equivalents that will generate a
need for .1192 acres of parkland in accordance with adopted City standards for
park services.
3. Park dedication for outlots B and C shall be paid upon final platting of each lot.
4. This required dedication shall be satisfied by a cash-in-lieu of land contribution
based on .1192 acres of needed land area at a benchmark land value of$128,000
per acre,which the City reasonably determines that it will need to expend to
acquire land elsewhere in order to provide the necessary park services as a result
of this subdivision.
5. Stormwater requirement shall be satisfied by the dedication of Outlot A
according to the preliminary plat, which is the land the City reasonably
determines that it will need in order to provide the necessary storm water
management as a result of this subdivision.
EXHIBIT B
6. Dedication on the final plat of a ten foot(10')wide easement for drainage,utility,
street, sidewalk, street lights, and tree plantings along the entire perimeter of
lot(s)within the plat wherever abutting public road right-of-ways.
7. Dedication on the final plat of a five foot(5')wide drainage and utility easement
along all common lot lines.
8. Installation of municipal sanitary sewer,water, storm sewer, and street
improvements as necessary to serve the plat, constructed in accordance with
adopted City standards, including the acquisition of any necessary easements
outside the boundaries of the plat which are needed to install connections to said
necessary improvements.
9. Installation of pedestrian improvements in accordance with the City's adopted
Trail and Sidewalk Policies,to consist of six foot(6')wide concrete sidewalks.
10. Submission of a final grading plan and lot elevations with erosion control
procedures,to be reviewed and approved by the City Engineer. If the site is one
1) or more acres in size the applicant shall also submit a copy of the of the
General Storm Water Permit approval from the Minnesota Pollution Control
Agency pursuant to Minnesota Rules 7100.1000 - 7100.1100 regarding the State
NPDES Permit prior to commencement of grading activity.
11. Installation of a public (or private) street lighting system, constructed to City and
Dakota Electric Company standards.
12. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m.
to 7:00 p.m. Monday through Friday. Weekend construction hours shall be
limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not
be performed on Sunday's or federal holidays.
13. The City receives a hold harmless agreement in favor of the City as drafted by
the City Attorney and incorporated into the development agreement.
ADOPTED this 9th day of November, 2017.
M H oland, Mayor
ATTEST:
ac,IP,o.v
Pamela J. G ste r, City Clerk
2
CERTIFICATE
I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true
and correct copy of a resolution adopted by the City Council on November 9, 2017, the original
of which is in my possession, dated this day of 20
Pamela J. Gackstetter, City Clerk
3
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-167
A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT
FOR WASATCH STORAGE PARTNERS, LLC, AND ATTACHING
CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the
City; and
WHEREAS, said regulations provide that issuance of a building permit for commercial,
industrial, and multiple residential uses require the specific review and approval of development
plans by the Apple Valley Planning Commission and City Council; and
WHEREAS, approval of such a building permit issuance has been requested for the above
referenced project; and
WHEREAS, the Apple Valley Planning Commission has reviewed the development plans
and made a recommendation as to their approval at a public meeting held on October 18, 2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota,that the issuance of a building permit for Wasatch Storage
Partners, LLC is hereby authorized, subject to all applicable City Codes and standards, and the
following conditions:
L The Building permit shall not be issued prior to City Council approval of the final
plat and the developer's agreement.
2. If the Building Permit is not paid for and issued within one (1) year of the date of
the final plat approval, approval shall lapse.
3. The Building Permit shall be applicable to property identified as Lot 1, Block 1,
Apple Valley Wasatch Addition.
4. The applicant shall submit a nursery bid list at the time of building permit that
confirms the landscape materials meet or exceed the 1.5%of the value of
construction of the building based on Means Construction data. Landscape
materials may include plants,underground irrigation,public art, fountains,
decorative pa ing, or other outdoor common area elements that create an
enhanced sense of place and fosters social interactions. Landscaping provided for
screening from adjacent properties shall also apply.
EXHIBIT C
5. A photometric plan which meets city ordinance for properties adjacent to, or
within residential districts shall be submitted at the time of building permit. The
proposed lighting plan meets City ordinance.
6. A hauling and staging plan shall be submitted at the time of the Natural Resources
Management Permit(NRMP) application subject to review and approval of the
City Engineer.
a. Grading of the site may occur with a NRMP prior to the issuance of a final
plat per City ordinance.
b. A NRMP will be required prior to any land disturbing activity commences.
7. Signage is not reviewed as part of building permit authorization. A separate sign
permit shall be applied for which will evaluate size, location, and number of signs.
8. The entrance to the site from Johnny Cake Ridge Road shall be a right-in, right-
out only and shall accommodate access to Outlot C.
a. Prior to approval of the site plan the auto-turn drawings shall show that
larger vehicles, such as RV's are able to enter both lots without conflict
with the proposed gate/fence.
9. Prior to issuance of a building permit, additional auto-turn drawings shall be
provided which demonstrate that RV's and other large vehicles are able to enter
the structure from Evendale Way. A conflict shall not exist between the proof of
parking area, and a large vehicles ability to enter the structure.
10. Trash enclosures shall be screened in accordance with City Ordinance, which
requires that enclosures not be clearly visible from adjacent properties.
11. A proof of parking agreement shall be executed as part of the developer's
agreement.
a. The combination of the exterior 7 stalls (5 regular and 2 handicap) and the
interior parking, which shall be striped shall be deemed sufficient at this
time. Should parking issues arise,the developer shall be responsible for
installing additional parking per the terms of the proof of parking
agreement.
b. Required landscaping that is shown in the proof of parking areas shall be
replanted if additional parking is required.
12. Exterior storage, or parking of vehicles shall not be permitted as part of this
application.
13. Building coverage shall not exceed 45%of the lot area per City ordinance. The
total area of the building shall not exceed the 122,200 sq. ft. shown on the site plan
dated October 27, 2017.
2
14. Material samples, or material specifications of the " metal panels" shown on the
conceptual elevation drawings dated November 2, 2017 shall be provided to the
City prior to the issuance of a building permit to determine conformance with City
ordinance.
15. All work and infrastructure within public easements or right-of-way sha11 be to
City standards.
16. RVs and larger vehicles shall be required to access the site from Evendale Way
rather than from Johnny Cake Ridge Road.
17. A public improvement project will be required for work in Evendale Way and the
cul-de-sac expansion.
18. Prior to the issuance of a building permit, a copy of the encroachment agreement
with Magellan Pipeline for work occurring within their easement area shall be
provided.
19. All conditions as outlined in the City Engineer's memo dated October 18, 2017.
BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of
the construction plans with the Minnesota State Building Code, as determined by the Apple Valley
Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple
Valley Fire MarshaL
ADOPTED this 9th day of November, 2017.
M y Ha a oland, Mayor
ATTEST:
nn Et4 c,12b',c.
Pamela J. Ga ste er, City Clerk
3
PARTIAL RELEASE OF ACCESS RESTRICTION EASEMENT
THE CITY OF APPLE VALLEY, a Minnesota municipal corporation (“City”), in
consideration of good and valuable consideration, does hereby release its interest in a portion of
the Easement Area described in that certain Access Restriction Easement granted by Venstar,
LLC in favor of the City dated July 25, 2005 and recorded September 8, 2005 as Document No.
2358858 in the Office of the Dakota County Recorder; to-wit:
That part Outlot A, WIRSBO SECOND ADDITION, Dakota County, Minnesota, lying 1.00 foot
East of the following described line:
Commencing at the northwest corner of said Outlot A; thence south along the west line of
said Outlot A, a distance of 362.00 feet the point of beginning of proposed access
restriction vacation; thence continue south along said west line a distance of 37.00 feet to
the end of said access restriction vacation.
IN WITNESS WHEREOF, the foregoing CITY has caused these presents to be executed
this ______ day of _____________, 2018.
CITY OF APPLE VALLEY
_________________________________
By: Mary Hamann-Roland
Its: Mayor
________________________________
By: Pamela J. Gackstetter
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this day of _____________, 2017, before me a Notary Public within and for said
County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that
the seal affixed on behalf of said municipality by authority of its City Council, and said Mayor
and Clerk acknowledged said instrument to be the free act and deed of said municipality.
_____________________________
Notary Public
This instrument was drafted by:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, Minnesota 55124
(952) 432-3136
MGD/sad (66-37053)
62951670.1
CITY OF APPLE VALLEY
RESOLUTION NO. 2018 - _______
A RESOLUTION REALLOCATING SPECIAL ASSESSMENTS
IN THE APPLE VALLEY WASATCH AREA
WHEREAS, the City of Apple Valley levied special assessments against certain property
in the Apple Valley Wasatch development area formerly identified as Outlot A, Eagle Ridge
Business Park (PID # 01-22445-000-10) for the following Projects:
City Project No. 2011-106, Upper 147th Street West Extension and 2011-141, Eagle
Ridge Business Park
WHEREAS, the initial amounts of the special assessment levied against the Property
were as follows:
City Project # 2011-106 2011-141
Assessment Roll # 604 615
Special Assessment $365,538.00 $406,904.00
WHEREAS, after the special assessments were levied, the Property was platted as Apple
Valley Wasatch;
WHEREAS, Dakota County requested that the City of Apple Valley reallocate the unpaid
balances, including principal and accrued interest, of the special assessments among Outlot A,
Eagle Ridge Business Park; and
WHEREAS, the current unpaid balances, including principal and accrued interest, of the
special assessments levied against the Property are as follows:
City Project # 2011-106 2011-141
Assessment Roll # 604 615
Unpaid balance as of
04/10/2018 $194,953.60 $244,142.36
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the unpaid balances, including principal and accrued
interest, of the special assessments levied against the Property shall be reallocated as follows:
Assessment Roll # 604 615 Subtotal (604 & 615)
City Project # 2011-106 2011-141
Balance as of 04/10/2018 $194,953.60 $244,142.36 $439,095.96
Reallocation
Lot 1, Block 1, Apple Valley Wasatch $89,951.59 $112,647.28 $202,598.88
Outlot A, Apple Valley Wasatch $0.00 $0.00 $0.00
Outlot B, Apple Valley Wasatch $60,221.17 $75,415.58 $135,636.74
Outlot C, Apple Valley Wasatch
$44,780.84
$56,079.50
$100,860.34
BE IT FURTHER RESOLVED, that the unpaid balances, including principal and
accrued interest, of the special assessments shall be levied as reallocated herein.
ADOPTED this 26th day of April 2018.
______________________________
Mary Hamann-Roland, Mayor
ATTEST:
____________________________
Pamela J. Gackstetter, City Clerk
4/26/2018
1
Wasatch Storage Final
Plat, Vacation, and
Reallocation of
Assessments
City Council 4‐26‐18
Requested Actions
•Adopt Resolution Completing Vacation of a
Portion of Evendale Way and easements
•Adopt Resolution Approving Final Plat and
Developer’s Agreement
•Approve Release of Access Restriction
Easement
•Adopt Resolution Approving Reallocation of
Assessments
4/26/2018
2
Site Location
Site Details
4/26/2018
3
Proposed Vacation Area
Proposed Final Plat
4/26/2018
4
Requested Actions
•Adopt Resolution Completing Vacation of a
Portion of Evendale Way and easements
•Adopt Resolution Approving Final Plat and
Developer’s Agreement
•Approve Release of Access Restriction
Easement
•Adopt Resolution Approving Reallocation of
Assessments
Questions?
4/26/2018
5
Approved Preliminary Plat
Concept Elevation
4/26/2018
6
Elevations
Conceptual Floor Plan
4/26/2018
7
Site Plan
Landscape Plan
4/26/2018
8
Detailed Landscape Plan
I T E M: 5.B.
C O UNC I L ME E T I NG D AT E :A pril 26, 2018
S E C T I O N:Regular A genda
Description:
A pprove 2018 Goal Setting Focus Session S ummary
S taff Contact:
Tom L awell, City A dministrator
Department / Division:
A dministration Department
AC T I O N RE Q UE S T E D:
Approve the 2018 Goal Setting Focus Session Summary from the meeting that occurred on
March 2, 2018.
S UM M ARY:
Annually the C ity C ouncil and senior management team meet to discuss accomplishments
from the prior year and establish goals for the coming year. T his year the workshop was held
on March 2, 2018. Attached please find a summary of the workshop and its outcomes. On
April 26, 2018, staff is recommending that this summary be formally adopted by the City
Council to help guide our organizational efforts over the coming year.
B AC K G RO UND:
Noted major accomplishments for 2017 included maintaining the C ity’s financial stability and
A A A bond rating, implementing neighborhood street reconstruction projects without reliance
on special assessments, maintaining steady and predictable property taxes, achieving an
excellent Fire ISO Rating Classification of 2, facilitating a record-setting $202 million in
development activity, preparing for the water meter replacement project and conversion to
Advanced Metering Infrastructure (A MI), and the implementation of numerous process and
energy efficiency improvement initiatives to enhance governmental effectiveness. C ouncil
was also provided with a list of 125 other notable accomplishments which were achieved in
2017. T here was a consensus that 2017 had been a very productive year.
Looking ahead to the coming year, meeting participants identified three primary essential
goals for 2018 and beyond. T hey are:
1. Maintain the City’s Financial Stability and A A A Bond Rating
2. Implement our Annual Neighborhood Street Reconstruction Projects without Reliance
on Special Assessments
3. Maintain Stable and Predictable Property Taxes and Fees
Additionally, several other goals were identified as key undertakings for the year:
1. Research and Prepare a Strategic Plan for the Fire Department
2. Implement Proactive Code Enforcement Efforts to Maintain Neighborhood Vitality
3. Pursue Funding for the Installation of a 3rd Lane on Cedar Avenue from 139 th Street in
Apple Valley to Diffley Road in Eagan
4. Plan for Long-Term Repairs and Upgrades for C ity-Owned Facilities
5. Review Multi-Family Development Assumptions in the C omprehensive Plan
T hese goals, along with the others identified herein, will help to direct the efforts of the City
over the next year and will help ensure continued progress and prosperity for the community.
B UD G E T I M PAC T:
T he C ity's adopted 2018 budget supports the above identified goals. Longer term goals
identified in the attached summary will help guide the preparation of the C ity's 2019-2020
budget and the 2019-2023 C apital Improvements Plan.
AT TAC HM E NT S :
Report
Presentation
Goal Setting
Focus Session
Summary
March 2, 2018
Summary
The Apple Valley City Council and Senior Management Team met on March 2, 2018 to
discuss the current status and future goals of the City. The discussion was facilitated by
City Administrator Tom Lawell. The workshop agenda, roster of attendees and selected
presentation materials used at the workshop are attached to this report.
At the session, the Council reviewed the City’s Mission, Vision and Values. We also
reviewed the various Community Keys as described in the City’s adopted 2030
Comprehensive Plan. These Keys include Sustainable, Livable, Employment Focused,
Safe, Business Oriented, Play and Preserve, Healthy and Active, Accessible,
Successful Downtown, Learning and Service.
The Council reviewed the outcome of the last Goal Setting Session held on March 3,
2017, and the progress made in addressing the major themes that were identifie d at
that session.
Noted major accomplishments for 2017 included maintaining the City’s financial stability
and AAA bond rating, implementing neighborhood street reconstruction projects without
reliance on special assessments, maintaining steady and predictable property taxes,
achieving an excellent Fire ISO Rating Classification of 2, facilitating a record-setting
$202 million in development activity, preparing for the water meter replacement project
and conversion to Advanced Metering Infrastructure (AMI), and the implementation of
numerous process and energy efficiency improvement initiatives to enhance
governmental effectiveness. Council was also provided with a list of 125 other notable
accomplishments which were achieved in 2017. There was a consensus that 2017 had
been a very productive year.
Looking externally, the group discussed the economic conditions facing the Nation and
the State of Minnesota and other emerging issues on the horizon that might affect the
financial health of the City. W e discussed various cost drivers likely to affect the tax
levy in 2019 including increased costs associated with the pavement management
program, the Vehicle and Equipment Replacement Program (VERF) and employee
wages and benefits. New anticipated revenues for 2019 were also discussed including
increased property tax receipts due to new construction in the community. Potential
revenue threats related to possible cuts in state and federal funding were a lso
discussed.
Property valuation trends for 2018 which will affect property taxes payable in 2019 were
also reviewed. Preliminary data from the Dakota County Assessor’s Office indicates
that taxable property values in Apple Valley increased approximately 10.5 percent to
$5.6 billion for 2019. In addition, for 2019 the median value residential home increased
9.3 percent to $260,300. More definitive property valuation information from Dakota
County will be released later this spring.
Participants discussed challenges and opportunities which are on the horizon for the
community. Department heads had the opportunity to present keys issues which should
be addressed in the coming year. City Councilmembers also provided feedback on
topics worthy of attention. Ideas generated through the discussion were added to the
extensive list of over 200 draft 2018 goals prepared by staff. With that as background,
the group undertook a process of listing and prioritizing collective goals for the
remainder of 2018 and 2019. The group then focused on 33 specific goals and they
were posted on the walls of the meeting room for further consideration.
Meeting participants were then asked to indicate their top priority goals. Based on that
exercise, three goals were selected as important essential goals that were endorsed for
completion in 2018-2019 and beyond. They are:
Maintain the City’s Financial Stability and AAA Bond Rating
Implement 2018 Neighborhood Street Reconstruction Projects without Reliance
on Special Assessments
Maintain Stable and Predictable Property Taxes and Fees
Additionally, several other goals were identified as key undertakings for the year:
Research and Prepare a Strategic Plan for the Fire Department
Implement Proactive Code Enforcement Efforts to Maintain Neighborhood Vitality
Pursue Funding for the Installation of a 3rd Lane on Cedar Avenue from 139th
Street in Apple Valley to Diffley Road in Eagan
Plan for Long-Term Repairs and Upgrades at City-Owned Facilities
Review Multi-Family Development Assumptions in the Comprehensive Plan
These goals, along with the others identified herein, will help to direct the efforts of the
City over the next year and will help ensure continued progress and prosperity for the
community.
The next annual City Council Goal Setting Focus Session will be held on March 1, 2019.
Goal Setting Workshop
March 2, 2018
Comp
Plan
Key
Indicated Preference
Goals to be Addressed in 2018 Council Staff Total
Financial Stability/AAA Bond Rating Assumed Annual Goal
Street Reconstruction Without
Reliance on Special Assessments
Assumed Annual Goal
Stable and Predictable Property
Taxes
Assumed Annual Goal
Fire Department Strategic Plan 5 4 9 5
Proactive Code Enforcement 2 5 7 2
Pursue Cedar 3rd Lane Addition 4 2 6 8
Plan for Long Term Facility
Repairs/Upgrades
0 6 6 1
Review Multi-Family Assumptions in
Comp Plan
2 2 4 2
Review Health Care Savings Plan
Options
0 4 4 11
Update Security Plan for Freedom
Days Celebration
0 2 2 5
Assist in Workforce Development
Effort
1 0 1 10
Monitor Coal Tar Litigation 1 0 1 1
Evaluate Possible Park Referendum 0 1 1 7
Prepare Plans for Sports Arena
Project
0 1 1 6
Plan for Streetscape Replacement 0 1 1 9
Water Meter Replacement Program 0 1 1 11
Enhance Communications 0 1 1 11
Primary and General Elections 0 1 1 11
Central Maintenance Facility Site
Needs Study
0 1 1 11
Continue as Metro Leader Amongst
Liquor Stores
0 1 1 3
Mixed Business Campus Planning 0 1 1 4
Complete 2040 Comprehensive Plan 0 1 1 1
Skybridge at Cedar/147th Street 0 0 0 8
Review Council Salary 0 0 0 11
Plan for City's 50th Anniversary
Celebration
0 0 0 2
Request for Proposals for Banking
Services
0 0 0 1
Goal Setting Workshop
March 2, 2018
Comp
Indicated Preference Plan
Goals to be Addressed in 2018 Council Staff Total Key
Complete City Facility Camera
System
0 0 0 5
Deploy Vitals Program to Assist
Vulnerable Citizens
0 0 0 5
Update of City Financial Policies 0 0 0 1
Establish City-Wide Safety Committee 0 0 0 5
Deploy Body Cameras for Police
Officers
0 0 0 5
Review Group Home Data for Apple
Valley
0 0 0 2
Complete Cobblestone Lake Park
Project
0 0 0 6
Goal Setting Focus Session
Friday, March 2, 2018
Schaar’s Bluff Gathering Center
Tentative Agenda
8:30 to 9:00 a.m. Arrival – Rolls and Coffee
9:00 Welcome and Overview of Workshop –
Tom Lawell
9:05 Review of Core Values, Mission and Vision
9:10 Looking Back
Past Goal Setting Efforts
Review of 2017 Accomplishments
9:35 Looking Ahead – Issues, Concerns,
Trends and Opportunties
Minnesota Economic Conditions
Development Trends in Apple Valley
Review of 2018 Departmental Goals
Discuss Pre-Workshop Questionnaire Ideas
10:30 Break
10:45 Group Discussion
Listing and Prioritization of Goals for 2018-2019
11:45 Lunch
12:15 Additional Group Discussion
Review Prioritization List
12:45 Additional Council Discussion
1:30 p.m. Adjourn
Goal Setting Focus Session
Friday, March 2, 2018
Meeting Participants
Mayor and City Council
Mary Hamann-Roland
John Bergman
Tom Goodwin
Ruth Grendahl
Clint Hooppaw
Administration
Tom Lawell
Pam Gackstetter
Charles Grawe
Melissa Haas
Finance
Ron Hedberg
Police
Jon Rechtzigel
Fire
Nealon Thompson
Community Development Director
Bruce Nordquist
Public Works
Matt Saam
Parks and Recreation
Barry Bernstein
Legal
Michael Dougherty
Liquor
Scott Swanson
City of Apple Valley
Mission Statement
The City of Apple Valley is pledged to promote and enhance the health, safety,
and general well-being of its citizens and all who visit the City.
In achieving this goal, the City will:
Provide a full range of municipal services;
Encourage active participation in city government activities;
Promote quality development;
Provide a balance of residential, commercial, and public uses;
Promote employment opportunities within the community;
Experiment with new ideas in the delivery of public services;
Transmit to future citizens a better and more beautiful community.
CITY OF APPLE VALLEY
CORE VALUES
Excellence and Quality in the Delivery of Services
Fiscal Responsibility
Ethics and Integrity
Fairness
Transparency
Professionalism
Visionary Leadership and Planning
Excellence and Quality in the Delivery of Services
We believe that service to the public is our reason for being and strive to deliver quality
services in a highly professional, cost-effective, and efficient manner.
Fiscal Responsibility
We believe that fiscal responsibility and the prudent stewardship of public funds is
essential for citizen confidence in government.
Ethics and Integrity
We believe that ethics and integrity are the foundation blocks of public trust and
confidence and that all meaningful relationships are built on these values.
Fairness
We believe policies and decision making processes that are applied consistently across
all parties is the foundation for fairness.
Transparency
We believe that transparency, keeping our stakeholders informed through open and
honest communication, is essential for an informed and involved citizenry and fostering
a positive working environment for employees.
Professionalism
We believe that continuous improvement is the mark of professionalism and are
committed to applying this principle to the services we offer and the development of our
employees.
Visionary Leadership and Planning
We believe that the very essence of leadership is to be visionary and to plan for the
future.
City of Apple Valley
2030 Comprehensive Plan
Keys to Success
Key 1 – Sustainable
Apple Valley is a place with outstanding quality of life. We wisely use the natural,
economic, and human resources needed to continue this quality of life. We seek to
provide the resources required to maintain and enhance the quality of life for future
generations. We plan our community in ways that sustain the clean water and air that
are essential elements of the quality of life in Apple Valley. In doing so, Apple Valley
aspires to be sustainable.
Key 2 – Livable
Apple Valley is a great place to live. We build neighborhoods of enduring quality and
character. They are active, healthy and safe places. Tree lined, well maintained streets
increase the beauty and comfort of our neighborhoods. Sidewalks and parks provide
places to meet our neighbors. The places we live are well connected to parks, schools,
shopping and employment. Apple Valley offers choices in housing that allow people in
all stages of their life to make a home in our community. Apple Valley is an aff ordable
place to live. We encourage residents to be connected with their neighbors and
engaged in community life with a commitment to volunteerism. We promote pride in
property that results in actions that enhance the quality, integrity and value of existi ng
neighborhoods. We are committed to maintaining and enhancing the future quality of life
in Apple Valley.
Key 3 – Business Oriented
Apple Valley is a magnet for businesses. We provide an excellent location, strong
regional transportation connections, a skilled work force, and a strong market place. We
work with the Chamber of Commerce and other business organizations to actively
attract and retain businesses to achieve the vision for Apple Valley, while remaining
committed to our traditional high standards of quality. We seek an expanding array of
jobs, goods, services and entertainment that meet the needs of our residents. We
encourage businesses and their employees to play an active role in community life.
Key 4 - Employment Focused
Apple Valley offers the locations, the work force and the technological infrastructure that
create more opportunities for people to live and work in Apple Valley. Increasing local
jobs helps to take trips off of regional highways, reduces fuel consumption, and lower air
pollution from automobiles. Short commutes give people more time to spend with family
and in the community. Particular attention is given to growing jobs with incomes capable
of sustaining a family. Apple Valley’s location provides excellent access to emplo yment
centers in Minneapolis, Saint Paul and southern suburbs. A variety of regional
highways, quality transit systems and proximity to the Twin Cities International Airport
give access to jobs throughout the region and the world. We play an active role in the
region to ensure that current and future transportation systems continue to provide
Apple Valley residents with access, choice and flexibility.
Key 5 – Safe
Apple Valley maintains a strong commitment to safety in all places, at every hour of the
day. Through excellent police, fire and medical response services, our citizens feel safe
knowing that help is only minutes away. We are committed to maintaining high service
standards by adding resources as the community grows and changes. The commitment
to safety extends to our residents. Apple Valley is a place where we care for our
neighbors.
Key 6 – Play and Preserve
Parks are an integral part of the fabric of our community. Every home has walkable
access to a city park. Parks provide places for us to play and to gather with our
neighbors. Parks help to preserve the natural environment of Apple Valley. Apple
Valley parks are not seen as individual entities, but part of a broader, inter -connected
system. This system includes the Minnesota Zoo, Lebanon Hills Regional Park and
local schools. We provide a wide range of parks and recreational facilities with the
ability to adapt to the changing needs of the population. We are committed to providing
the resources to maintain and improve Apple Valley parks. Th e City works
collaboratively with ISD 196, ISD 191, Dakota County, local athletic associations and
other groups to meet shared park and recreation needs and make best use of our
resources.
Key 7 – Healthy and Active
Apple Valley’s policies are designed to make it the model of a healthy, active and safe
community. A comprehensive system of sidewalks, trails and bike lanes connects
neighborhoods, jobs, schools, and other destinations as an integral part of our
transportation system. We offer a wide range of formal and informal recreation facilities
that adapt to the changing needs of the population. Food, health care and other
essential goods and services are readily accessible to all Apple Valley residents. We
plan our community in ways that sustain the clean water and air that are essential
elements of the quality of life in Apple Valley. Through stormwater management,
pollution prevention practices and natural resources protection, we will continue to
protect and sustain our environment. Through sustainable design and development, we
are more efficient users of our resources.
Key 8 - Accessible
The ability to move safely and efficiently within Apple Valley and the region is essential.
Apple Valley supports a multi-faceted transportation system that can accommodate
automobiles, mass transit, bicycles and pedestrians. Apple Valley should be a place of
“great streets”. A great street extends beyond the street surface to the sidewalks and
landscaping in the adjacent right-of-way. A great street provides for the safe and
efficient movement of vehicles while encouraging travel by bicycle and foot. A great
street supports and enhances land use. A great street adds to the quality of life and
identity of Apple Valley. The street system should be designed to avoid unintended
traffic patterns and volumes.
Key 9 - Successful Downtown
Apple Valley seeks a unique, identifiable and successful “downtown” area. We face this
aspect of the vision with realism. Downtown Apple Valley will not be a singular place,
but a collection of strongly connected destinations that serve and enhance the
community. The core of the downtown area is the four quadrants of the Cedar
Avenue/County Road 42 intersection, creating a setting different from the “traditional”
downtown area. The scope of downtown Apple Valley continues to evolve in form, use
and density and has expanded to include Central Village, the Transit Station and
Fischer Marketplace. The downtown area will be first and foremost a place of
commerce. It is the location of the goods and services needed by Apple Valley
residents. We envision a downtown area that includes a growing mixture of places to
shop, work, live, and play. It must continue to be the civic core of the community. While
businesses require safe and convenient access by car, the downtown should be
designed to allow people to reach it and move within it on foot or bicycle.
Key 10 - Learning
The quality of life in Apple Valley is inextricably linked to the quality of educational
opportunities. Educating our children remains our highest priority. Schools are not only
places to learn, but they are focal points of community life. Learning does not begin
with kindergarten nor end with high school. It is a lifelong activity. We seek a future with
increasing opportunities for continuing education located in Apple Valley. We work in
strong partnership with Independent School District 196, Independent School District
191, Dakota County Technical College, St. Mary’s University and other educators to
achieve this vision.
Key 11 – Service
City government provides the services, infrastructure and land use controls that touch
every aspect of this vision. While city government is not solely responsible for the
vision, the vision cannot be realized without its leadership and stewardship. Quality
leadership and excellent staff should be continued hallmarks of Apple Valley. City
government should be responsive to community needs, holding firmly to community
standards while retaining the flexibility to seize opportunities. The City is a partner with
businesses. City government sets high standards for its financial stewardship, making
investments that pay dividends in quality of life and affordability. The quality of city
government ultimately lies in the hands of our residents. We must care enough to
become informed and involved. Governance in Apple Valley encourages and facilitates
public involvement.
1
Opportunity to
Acknowledge 2017
Accomplishments
&
Set Goals for 2018
and Beyond
2
Organizational Mission
The City of Apple Valley is
pledged to promote and enhance
the health, safety, and general
well-being of its citizens and all
who visit the City…
VISION
Part of 2030
Comprehensive Plan
3
Sustainable
Livable
Employment Focused
Safe
Business Oriented
Play and Preserve
Healthy and Active
Accessible
Successful Downtown
Learning
Service
4
Noted 2017 Accomplishments
Maintaining the City’s Financial
Stability and AAA Bond Ratings
Noted 2017 Accomplishments
Maintain Stable and Predictable
Property Taxes and Fees
5
Noted 2017 Accomplishments
Successful Neighborhood Street
Reconstruction Projects with
No Special Assessments
Noted 2017 Accomplishments
Achieving an Excellent Fire
ISO Rating Classification of 2
6
Noted 2017 Accomplishments
Facilitating a Record-Setting
$202 Million in
Development Activity
Noted 2017 Accomplishments
Preparing for the Water Meter
Replacement Project and
Conversion to Advanced
Metering Infrastructure (AMI)
7
Noted 2017 Accomplishments
Facilitating a Record-Setting
$202 Million in
Development Activity
8
Looking to 2018 and Beyond
Three Assumed Annual Goals:
1) Maintaining the City’s Financial Stability
and AAA Bond Ratings
2) Maintain Stable and Predictable Property
Taxes and Fees
3) Successful Neighborhood Street
Reconstruction Projects with No Special
Assessments
Looking to 2018 and Beyond
Three Assumed Annual Goals:
1) Maintaining the City’s Financial Stability
and AAA Bond Ratings
2) Maintain Stable and Predictable Property
Taxes and Fees
3) Successful Neighborhood Street
Reconstruction Projects with No Special
Assessments
9
Looking to 2018 and Beyond
Three Assumed Annual Goals:
1) Maintaining the City’s Financial Stability
and AAA Bond Ratings
2) Maintain Stable and Predictable Property
Taxes and Fees
3) Successful Neighborhood Street
Reconstruction Projects with No Special
Assessments
Looking to 2018 and Beyond
Three Assumed Annual Goals:
1) Maintaining the City’s Financial Stability
and AAA Bond Ratings
2) Maintain Stable and Predictable Property
Taxes and Fees
3) Successful Neighborhood Street
Reconstruction Projects with No Special
Assessments
10
Looking to 2018 and Beyond
Research and Prepare a
Strategic Plan for the
Fire Department
Looking to 2018 and Beyond
Implement Proactive Code
Enforcement Efforts to Maintain
Neighborhood Vitality
11
Looking to 2018 and Beyond
Pursue Funding for the
Installation of a 3rd Lane on
Cedar Avenue from 139th
Street in Apple Valley to Diffley
Road in Eagan
Looking to 2018 and Beyond
Plan for Long-Term Repairs and
Upgrades at City-Owned
Facilities
12
Looking to 2018 and Beyond
Review Multi-Family
Development Assumptions in
the Comprehensive Plan
Looking to 2018 and Beyond
Successful Administration of
the 2018 Primary and
General Election
13
Tonight’s Requested Action
Motion to Approve
the 2018 Goal Setting
Workshop Summary
I T E M: 7.
C OUNC I L ME E T I NG D AT E:A pril 26, 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
Tue./Apr. 24 11:00 a.m.Zvago Central Village Groundbreaking 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 *
Tue./May 1 7:30-9:00 a.m.Pregnancy Choices Chamber Coffee C onnection
Wed./May 2 7:00 p.m.Municipal C enter Planning C ommission Meeting
T hur./May 3 6:00 p.m.Municipal C enter Informal Parks & Recreation Advisory
Committee Meeting
T hur./May 3 7:00 p.m.Municipal C enter Regular Parks & Recreation Advisory
Committee Meeting
Fri./May 4 6:00 p.m.Valley Buick G MC Chamber Gala
Wed./May 9 7:00 p.m.Municipal C enter Traffic Safety Advisory Committee
Meeting
T hur./May 10 5:00 p.m.C obblestone Lake Park Arbor Day Tree Planting Ceremony
T hur./May 10 5:30 p.m.Municipal C enter Informal C ity Council Meeting
T hur./May 10 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting *
Wed./May 16 7:00 p.m.Municipal C enter Planning C ommission Meeting
Tue./May 22 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee
Meeting
Wed./May 23 9:00 a.m.Municipal C enter Firefighters Relief Association
Meeting
Wed./May 23 11:30 a.m.-1:15 p.m.Bogart’s Entertainment
C enter
Chamber Monthly Luncheon -
State of the C ity
T hur./May 24 4:30-6:30 p.m.
Henry W. Anderson
Mortuary Chamber Business After Hours
T hur./May 24 6:00 p.m.Municipal C enter ED A Meeting
T hur./May 24 7:00 p.m.Municipal C enter Regular C ity C ouncil Meeting *
Mon./May 28 C ity Offices C losed Memorial Day
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.
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