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HomeMy WebLinkAbout11/29/2018 Meeting M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 The "33rd Annual Holiday Tree Lighting C eremony" will be held prior to the Council Meeting, at 6:15 p.m. at the Municipal C enter. Everyone is invited to join in caroling and partake of cookies and cider bef ore the meeting. Nov ember 29, 2018 C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A 7:00 P M 1.C all to Order and Pledge 2.Approve Agenda 3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda 4.Approve C onsent Agenda Items C onsent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda f or consideration. A.Approve Minutes of November 15, 2018, Regular Meeting B.Approve Change of General Manager in C onnection with Club On-Sale Liquor Licenses at Apple Valley American Legion, Post 1776, 14521 Granada Drive C .Adopt Resolution Designating U.S. Bank Institutional Trust as Safekeeping Custodian D.Adopt Resolution Designating U.S. Bank N A as Official Depository for 2019 E.Adopt Resolution Authorizing Membership in Minnesota Municipal Money Market (4M) Fund F.Approve 2019 Rates for C ity Attorney Services G.Approve Reductions of Various Financial Guarantees H.Adopt Resolution Approving 2018 Surface Water Management Plan and Authorizing Submittal to the Metropolitan C ouncil I.Table Appeal of Zoning Administrator's Ruling that Residential Use is not Permitted Use on Property Zoned “BP” (Business Park) for Property Located at 5751 150th Street West (C SA H 42) to December 13, 2018 (Tabled f rom November 15, 2018) J .Adopt Resolution Setting Public Hearing at 7:00 p.m. on December 27, 2018, to Consider Vacation of Right-of-Way on Lot 1, Block 1, Apple Valley Square 2nd Addition (7668 150th Street W.) K.Adopt Resolution Setting Public Hearing at 7:00 p.m. on December 27, 2018, to Consider Vacation of Easement on Lot 1, Block 1, Levine Subdivision (7530 7564 149th Street W.) L.Adopt Resolution Approving Specifications for Project 2019-114, Family Aquatic Center Pool Shell Repair, and Authorizing Advertising for Receipt of Bids on J anuary 11, 2019, at 10:00 a.m. M.Approve Consent Letter with C rown Castle for Sprint Antenna Upgrades on C rown Castle AT &T Monopole at 6442 140th Street W. N.Approve Second Amendment to Antenna Lease Agreement with T- Mobile Central, LLC, for the Valleywood Water Tower O.Approve T hird Amendment to Antenna Lease Agreement with Verizon Wireless, LLC, for the Valleywood Water Tower P.Approve Purchase of MSA G1 Self C ontained Breathing Apparatus for Fire Department Q.Adopt Resolution Awarding Project 2018-156, Apple Valley Sports Arena 2019 Ice System Replacement R.Adopt Resolution Approving South Metro SWAT J oint Powers Agreement S.Approve Agreement with Birch Tree C are for Project 2019-112, 2019 Ash Tree Removals T.Approve Agreement with Garage Floor Coating of MN.com, LLC, for Apple Valley Fire Station One Bay Floor Coating U.Approve Agreement with Keys Well Drilling C ompany, for Project 2018- 167, Well Pumps 1, 2, 18, and Low Zone Pump 1 Maintenance V.Approve Agreement with MacQueen Equipment, LLC, d/b/a MacQueen Emergency Group, for Apple Valley Rescue 2 W.Approve Personnel Report X.Approve Claims and Bills 5.Regular Agenda Items A.Renewal of On-Sale Liquor and Wine Licenses for 2019 1. Hold Public Hearing on On-Sale Licenses 2. Adopt Resolutions Approving Renewals of Intoxicating Liquor and Wine Licenses, Subject to Completion of Submissions B.Hold Public Hearing on Purchase and Policy of Police Department Body-Worn Camera System C .Reliable Mini Warehouses of Apple Valley (Tabled from N ovember 15, 2018) 1. Adopt Resolution Approving Final Plat and Development Agreement 2. Adopt Resolution Approving Site Plan/Building Permit Authorization for Self-Storage Facility on Lot 1, Block 1, Reliable Mini Warehouses of Apple Valley 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the C ity's website at www.cityof applevalley.org I T E M: 4.A. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove Minutes of November 15, 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 November 15, 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 November 15, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 15, 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, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Acting Fire Chief Russell, Public Works Director Saam, Planner/Econ. Dev. Specialist Sharpe, and Liquor Operations Manager Swanson. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Hooppaw, moving consideration of item 4.L - Reliable Mini Warehouses of Apple Valley, to the regular agenda, and approving the agenda for tonight’s meeting, as amended. 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 Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting of October 25, 2018, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 15, 2018 Page 2 MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-163 accepting, with thanks, the donation of $500.00 from Target Corporation for use by the Police Department. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on December 1, 2018, January 12, 2019, March 9, 2019, and May 4, 2019, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, authorizing submittal of the Source Water Protection Competitive Grant Application to Minnesota Department of Health, and authorizing Public Works Superintendent Blommel Johnson to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-164 approving submission of the 2019 Joint Landfill Abatement Funding Application to Dakota County, in the amount of $247,416.00, to operate a joint Recycling Program, and authorizing the execution of the necessary documents, and further authorizing the Mayor to sign a letter supporting funding. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving a permit for use of an animal not meeting the definition of a household pet (reindeer) for a Special Outdoor Promotion event on December 6, 2018, by Lifeworks, 14655 Evendale Way. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, proclaiming November 24, 2018, as “Small Business Saturday” in Apple Valley and urging the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-165, setting a public hearing at 7:00 p.m. on November 29, 2018, for the purchase and policy of a body-worn camera system; authorizing the City Clerk to post the draft policy on the City’s website; and inviting the public to submit comments concerning the policy electronically, by mail, or by attendance at the public hearing. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the 2019 fees for Redwood Pool, Apple Valley Family Aquatic Center, Sports Arena and Hayes Arena, and Valleywood Golf Course, as presented, and grant the Parks and Recreation Director or designee the latitude to adjust fees for promotions, as described in the Parks and Recreation Director’s memo. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 15, 2018 Page 3 MOTION: of Bergman, seconded by Hooppaw, approving release of various Natural Resources Management Permit financial guarantees for Embry Place 2nd Addition, Embry Place 3rd Addition, Cortland 4th Addition, Cortland 5th Addition, as listed in the Natural Resources Coordinator’s memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Lease Extension for Time Square Shopping Center II, LLP, for Apple Valley Liquor Store #1, as attached to the City Administrator’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the License Agreement for the encroachment of a shed and retaining wall on Lot 26, Block 8, Longridge Second Addition (8150 159th Street Ct.), as attached to the Public Works Director’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving State of Minnesota Grant Agreement with Minnesota Department of Natural Resources for managing emerald ash borer, in an amount of $28,000.00, as attached to the Natural Resources Coordinator’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the First Amendment to the Joint Powers Agreement with Dakota County for Project 2017-112, Dakota County 38- 52 CSAH 31 to TH 3, 2-Lane to 3-Lane, as attached to the Public Works Director’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Water Quality Improvement Cost Share Program Agreement with Nupur Argarwal and Sourav Kundu for native garden at 14191 Ensley Court, in an amount not to exceed $500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the agreement with Rinkside Advertising Network, LLC, for one-year lease of advertising space within Hayes Park Arena, in the amount of $400.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Agreement for Project 2018- 146, Observation Well Installation, with Keys Well Drilling Company, in the amount of $44,564.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 15, 2018 Page 4 MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 2 to the agreement with Ameresco, Inc., for Energy Savings Performance Contact, in the amount of an additional $12,568.61. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-166 amending the 2018 Employee Pay and Benefit Plan. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated November 15, 2018. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the claims and bills, check registers dated October 17, 2018, in the amount of $921,725.06, and October 24, 2018, in the amount of $2,234,738.26. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CANVASS OF ELECTION RETURNS Ms. Gackstetter reviewed the results of the General Election held on November 6, 2018. A total of 27,170 ballots were cast, which represents a 76.4 percent voter turnout. Approximately 28.6 percent voted absentee and 1,942 people registered on Election Day. She thanked the judges and City staff for all their help. Mayor Hamann-Roland asked Ms. Gackstetter about the Post-Election Review. Ms. Gackstetter stated Dakota County selected Apple Valley Precinct 11 for the Post-Election Review which will be held on Monday. Discussion followed. The Council suggested the City Administrator contact the County regarding how the selections are made. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-167 canvassing the returns of the November 6, 2018, City General Election and declaring that Mary Hamann-Roland was elected Mayor for a four-year term commencing January 7, 2019; and John Bergman and Clint Hooppaw were elected Councilmembers for four-year terms, each, commencing January 7, 2019. Ayes - 5 - Nays - 0. APPEAL OF ZONING ADMINISTRATOR’S RULING Mayor Hamann-Roland provided background on this item stating that a hearing on the Miller Farms’ appeal was held before the Planning Commission, acting as the Board of Appeals & Adjustment, on September 19, 2018. Following the hearing, the Board of Appeals & Adjustment CITY OF APPLE VALLEY Dakota County, Minnesota November 15, 2018 Page 5 issued its decision in which it denied Miller Farms’ appeal and upheld the Zoning Administrator’s determination. The Board of Appeals & Adjustments approved its written Recommended Findings and Decision, dated October 3, 2018. To ensure a complete and final record, she asked if the petitioner has anything further it would like to add. Mr. Jacob Steen, of Larkin Hoffman, addressed the Council. He said he represents Miller Farms and briefly summarized some main points. In closing, he requested the City Council approve the appeal. Mayor Hamann-Roland closed the appeal record. MOTION: of Goodwin, seconded by Bergman, tabling consideration of the appeal of the Zoning Administrator’s ruling that Residential Use is not a permitted use on property zoned “BP” (Business Park) for property located at 5751 150th Street West (CSAH 42) until November 29, 2018. Ayes - 5 - Nays - 0. MENARD’S AT HANSON CONCRETE Mr. Lovelace reviewed the request by Menard, Inc., for an amendment to the 2030 Comprehensive Plan Land Use Map, rezoning of property, subdivision and site plan/building permit authorization to allow for construction of a 206,209 sq. ft. Menards store and 48,970 sq. ft. warehouse on 18.4 acres of a 46.4-acre unplatted parcel. The property is located at the northwest corner of 150th Street W. and Johnny Cake Ridge Road. Councilmember Bergman left the meeting at 7:29 p.m. Councilmember Bergman rejoined the meeting at 7:32 p.m. Discussion followed. MOTION: of Goodwin, seconded by Hooppaw, approving a Preliminary Planned Development Agreement with Menard, Inc. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Design Agreement with Menard, Inc., for the Menards at Hanson Concrete public improvements. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-168 approving an amendment to the Land Use Map of the 2030 Comprehensive Guide Plan re-designating of Lot 1, Block 1, of the proposed Menards at Hanson Concrete preliminary plat, from “IND” (Industrial) to “C” (Commercial), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, passing Ordinance No. 1052 rezoning Lots 1 and 2, Block 1, of the proposed Menards at Hanson Concrete preliminary plat, CITY OF APPLE VALLEY Dakota County, Minnesota November 15, 2018 Page 6 from “I-2” (General Institutional) to “PD” (Planned Development). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, waiving the procedure for a second reading and passing Ordinance No. 1053 amending Appendix F of the City Code by adding Article A37, establishing Planned Development Designation No. 1053. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2018-169 approving the preliminary plat of Menards at Hanson Concrete, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-170 approving the site plan and authorizing issuance of a building permit to allow for construction of a 206,209 sq. ft. Menards store and 48,970 sq. ft. warehouse on Lot 1, Block 1, Menards at Hanson Concrete (as preliminary platted), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mayor Hamann-Roland inquired about the plans for the existing facility. Mr. Theron Berg, of Menards, stated he believes the existing building is sold to a local resident. RELIABLE MINI WAREHOUSES OF APPLE VALLEY Mr. Sharpe reviewed the request by Don Hawkins, on behalf of Reliable Mini Warehouses of Apple Valley, for a final plat and development agreement and site plan/building permit authorization for a self-storage facility on Lot 1, Block 1, Reliable Mini Warehouses of Apple Valley. Mr. Scott Wyckoff, of Wasatch Storage Partners, commented on the project and expressed various concerns. Mr. Sharpe and Mr. Dougherty responded to questions and concerns. Discussion followed. Councilmember Hooppaw said this has answered his questions and he is ready to move forward. Mr. Nino Pedrelli, of Patina Apple Valley Land, LLC, provided background on previous development requests for this property and requested the City Council approve this project. Discussion continued. Mr. Vince Schroeder, of Reliable Mini Warehouses, responded to comments and said they are excited to be here. CITY OF APPLE VALLEY Dakota County, Minnesota November 15, 2018 Page 7 MOTION: of Hooppaw, seconded by Goodwin, adopting a resolution approving the final plat and Development Agreement for Reliable Mini Warehouses of Apple Valley, with conditions as recommended by the Planning Commission. The Council discussed the statutory timeline for this project as well as the need to continue this item so the remaining questions could be answered. No vote was taken on the previous motion. MOTION: of Grendahl, seconded by Goodwin, tabling consideration of the request by Reliable Mini Warehouses of Apple Valley to November 29, 2018. Ayes - 4 - Nays - 1 (Hooppaw). COMMUNICATIONS Mayor Hamann-Roland reminded everyone that the 33rd annual holiday tree lighting ceremony will be at 6:15 p.m. on November 29, 2018. Mr. Lawell invited everyone to the Apple Valley Arts Foundation 2019 Frozen Apple concerts at a new location, Bogart’s Entertainment Center. Concerts are scheduled from 6:00 p.m. to 9:00 p.m. on January 19, February 16, and March 16, 2019. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:41 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 :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove Change of General Manager in Connection with Club On-Sale L iquor L icenses at A pple Valley A merican L egion, Post 1776, 14521 Granada Drive 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 manager for Apple Valley American Legion, Post 1776 , in connection with the On-Sale C lub License and Special License for Sunday Liquor Sales, at 14521 Granada Drive, naming Steven Price Maxson as General Manager. S UM M ARY: Apple Valley American Legion, Post 1776, has filed an application for change in manager required in connection with its On-Sale C lub License and Special License for Sunday Liquor Sales at 14521 Granada Drive, naming Steven Price Maxson as G eneral Manager. T he application is on file, should you wish to review it. A personal information form has been filed and the Police Department has conducted the necessary background investigation indicating nothing to preclude the Club from continuing to hold its license. B AC K G RO UND: City C ode Section 111.34 provides for C ity Council approval of such changes. B UD G E T I M PAC T: N/A I T E M: 4.C. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution Designating U.S . B ank I nstitutional Trust as Safekeeping Custodian 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 designating U.S. Bank Institutional Trust as Safekeeping Custodian, subject to the approval of the C ity Administrator and City Attorney. S UM M ARY: Staff issued a request for proposals (RFP) for custody safekeeping of the city investments at the same time as the banking services request for proposals. We received two responses to the RFP, one from Wells Fargo Trust and C ustody and one from U.S. Bank Institutional Trust. U.S. Bank Institutional Trust had the lowest cost proposal at $7,500 per year, which is their minimum fee for the year. In addition U.S Bank Institutional Trust also had the best features provided in their onsite system. B AC K G RO UND: T he safety of public funds is the primary objective of all governments. One of the protections and a control against fraud is the separation of the safekeeping and custody function from the investment function. By having securities held by a third party we can minimize custodial risk in an investment transaction, by having selected firm provide for the transfer and safekeeping of the securities. T he custody safekeeping arrangement will have U.S. Bank Trust (as the recommended custodian) hold the investments in the City of Apple Valley's name and they will not participate in the investment activity or provide investment advice, which maintains the third party safekeeping independence and helps minimize risk. T he safekeeping custody firm will: hold and safeguard the investments collect interest and dividends settle trades and maturities as directed provide monthly reporting with independent 3rd party valuations Any cash balances in this account would be placed in a short term money market fund of government securities. C urrently the city's investment's are generally safekept at the brokerage firm. By holding the investments at a safekeeping custodian in the city's name, the footnote disclosure rating assigned under Government Accounting Standards Board (G A SB) Statement No. 40 in our annual financial statements will improve to the top category defined as securities held by the government's agent in the governments name. T he proposals received from the two firms both come within each firms minimum annual fee at the following rates: Financial I ns tu on U.S .Bank I ns tu onal Trust Wells Fargo I ns tu onal Trust Fee a s % of Bala nce .01% plus transaction fe e s .01% plus transaction fe e s Estima ted Fee $625 / Mo. ($7,500 Minimum annual fee) $708.33/ Mo. $8,500 Minimum a nnua l fe e ) Settle ment Fe e $7.50 / item $10.00 / item Wire/A CH/Check Fee $7.50 / item $10.00 / item A ccounting & R e porting Fee $ 0.00 $750.00 / ye a r B UD G E T I M PAC T: No direct budget impact, the custody fees are offset by the interest earnings within the investment pool fund which in turn is reallocated to individual operating funds along with any other investment earnings. AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2018-___ A RESOLUTION DESIGNATING U.S. BANK INSTITUTIONAL TRUST AS SAFEKEEPING CUSTODIAN WHEREAS, the safety of public funds is one of the primary objectives of all governments; and WHEREAS, one of the protections and a control against fraud is the separation of the safekeeping and custody function from the investment function; and WHEREAS, by having securities held by a third party the City of Apple Valley can minimize safekeeping and custodial risk in an investment transaction; and WHEREAS, the City of Apple Valley desires to engage a financial institution to serve as custodian for the City’s investments in accordance with the City’s investment Policy, and WHEREAS, it is determined U.S. Bank Institutional Trust meets the City of Apple Valley’s needs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that U.S. Bank Institutional Trust be designated the City of Apple Valley’s safekeeping custodian, subject to approval of the City Administrator and City Attorney. ADOPTED this 29th day of November, 2018. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: _____________________________________ Pamela Gackstetter, City Clerk I T E M: 4.D. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution Designating U.S . B ank NA as Official Depository for 2019 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 designating U.S. Bank N A as Official Depository for 2019. S UM M ARY: Staff recently completed a Request For Proposal (RFP) process for banking services to appoint a bank to serve as the C ity's main official depository. T he RFP was sent to depositories within Apple Valley and seven responses were received. Staff recommends that US Bank be named as the C ity of Apple Valley's official depository for the next five years, with US Bank having the lowest net estimated monthly cost. B AC K G RO UND: T he RFP identified a number of service elements that are considered high priority and five banks that met these high priority elements were invited in for interviews and a demonstration of their online capabilities. Each of the five banks that were invited to demo their system included the abilities that staff uses on a daily basis to complete the necessary daily tasks. T he RF P requested that the banks provide the estimated monthly fees based on typical monthly transactions and interest earnings based on an assumed average balance. T he monthly fees are based on the numbers and types of transactions flowing through the account. Based on this comparison the US Bank/4M Fund combination had the lowest estimated monthly fee at $216. T he RFP also asked the banks to identify the methods and rates for calculating interest earnings (or an earnings credit to offset fees). T hese estimated interest revenues on held balances are used to offset the bank fees. T he interest rates varied widely between the firms and are based on what the overall market trends are, rising and falling as the markets shift, whereas the monthly charges remain consistent based on activity. T he current practice, which we expect to continue, is to hold an average balance between $1 million and $2.5 million in the main account, with amounts over this held in higher earning accounts. T he US Bank/4M Fund combination proposal includes a sweep account arrangement where each day the balance in the US Bank account above what is needed to cover the days transactions are swept to the 4M Fund which is a higher earning account. T his 4M sweep account arrangement is only available with US Bank and only Minnesota municipalities may participate in the 4M Fund. Amounts held in the 4M fund are not required to be collateralized because they are held by a third party in the C ity of Apple Valley's name. T he net cost to the city is the lowest by using the US Bank/ 4M fund combination. T he monthly fee for US Bank/4M under the activity assumptions is $216 per month, with the next lowest monthly fee being Old N ational Bank. In additional U.S. Bank is providing a $4,000 credit to the new account to cover any conversion fees such as new check stock, deposit ticket, or deposit bags. See the attached exhibit which recaps each of the banks responses for fees and estimated interest earnings. T he conversion process will start shortly after approval but with the large numbers of established links it will be necessary to keep the existing Old National Bank account open for a time to make sure all the established links can be converted with the least amount of disruption. Each year the City C ouncil is to designate an official depository for the coming year. T he attached resolution designates US Bank as the C ity’s official depository for the coming year. B UD G E T I M PAC T: No direct budget impact, the bank fees are offset by the interest earnings within the investment pool fund which in turn is reallocated to individual operating funds along with any other investment earnings. AT TAC HM E NT S : Exhibit Resolution Bank Service RFP ‐ 2018 Recap of Proposers Fees Bank Monthly Fees  (based on  avg.  transactions)NoteQuoted  interest  Rate Estimated   Interest Revenue  (assumed avg.  balance of $1  million) Net  Revenues  (Expense) Estimated   Interest Revenue  (assumed avg.  balance of $2.5  million) Net  Revenues  (Expense) US Bank (w/4M) 216$              1.90%1,583$                    1,367$        3,958$                    3,742$        Old National  568$              1.35%1,125$                    557$            2,813$                    2,245$        Mid‐Country 1,051$            (1) 0.873% /  0.15%728$                        (324)$          1,152$                    101$            Wells Fargo 1,522$           1.98%1,650$                    128$            4,125$                    2,603$        US Bank 2,445$            (2) 1.25%1,042$                    (1,403)$       2,445$                    (0)$               BMO 2,715$           1.00%833$                        (1,882)$       2,083$                    (632)$          Note: (1) Mid‐Country interest includes earnings credit of 0.873% until fees are offset and 0.15% on balances above (2) US Bank provides 1.25 earnings credit on balances until the fees are covered CITY OF APPLE VALLEY RESOLUTION NO. 2018-___ A RESOLUTION DESIGNATING U.S. BANK NA AS OFFICIAL DEPOSITORY FOR CITY FUNDS IN 2019 WHEREAS, U.S. Bank, NA has been selected to be the City of Apple Valley's official depository along with a sweep account arrangement with the 4M fund; and WHEREAS, by using the 4M Fund as sweep account collateral will not be required as this account is held by a third party in the City of Apple Valley’s name. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that U.S. Bank NA be designated the City's official depository for 2019 for the payroll, savings, and checking accounts, and certificates of deposit with deposits not to exceed the limits of pledged collateral; BE IT FURTHER RESOLVED that the following conditions shall be followed: 1. In the event that collateral is required from U.S. Bank NA it will be provided in the form of an irrevocable letter of credit issued by the Federal Home Loan Bank. 2. U.S. Bank, NA may furnish both collateral and a bond; deliver additional collateral from time to time; withdraw excess collateral; and substitute other collateral from that previously furnished. 3. The City Treasurer is hereby authorized to invest and transfer City funds in said institution; checks for these activities shall be included on the check approval list submitted to the Council at its next regular meeting. 4. That the permitted municipal deposit may be increased from time to time, subject to collateral and F.D.I.C. Insurance exceeding the amount deposited by at least ten percent (10%). ADOPTED this 29th day of November, 2018. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: _____________________________________ Pamela Gackstetter, City Clerk I T E M: 4.E. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A uthorizing Membership in Minnesota Municipal Money Market (4M) Fund 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 authorizing membership in the Minnesota Municipal Money Market (4M) Fund. S UM M ARY: In conjunction with the designation of U.S. Bank N.A as the official depository staff is requesting that the Minnesota Municipal Money Market (4M) Fund added to the list of additional depositories. T he 4M Fund will be used in conjunction with the U.S. Bank account as a sweep account where amounts in the account over what is needed to cover the day’s activities will be swept into the 4M Fund which is a higher interest bearing account. T he 4M Fund is a cash management and investment program for Minnesota public funds sponsored and governed by the League of Minnesota C ities. Participation in the 4M Fund requires the adoption of an authorizing resolution. B AC K G RO UND: B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2018-____ A RESOLUTION AUTHORIZING MEMBERSHIP IN THE 4M FUND WHEREAS, Minnesota Statutes (the Joint Powers Act) provides that governmental units may jointly exercise any power common to the contracting parties; and WHEREAS, the Minnesota Municipal Money Market Fund (the 4M Fund) was formed in 1987, pursuant to the Joint Powers Act and in accordance with Minnesota Investment Statutes, by the adoption of a joint powers agreement in the form of a Declaration of Trust; and WHEREAS, the Declaration of Trust, which has been presented to this council, authorizes municipalities of the State of Minnesota to become Participants of the Fund and make use from time to time including the 4M Liquid Asset Fund, the 4M Plus Fund, the Fixed Rate Program, and other Fund services offered by the Fund; and WHEREAS, this Council deems it to be in the best interest for the municipality to make use of, from time to time, the approved services provided by the 4M Fund’s service providers including the Investment Advisor (Prudent Man Advisors, Inc.) or Sub-Advisor (RBC Global Asset Management (U.S.) Inc.), the Administrator (PMA Financial Network, Inc.), the Distributor (PMA Securities, Inc.) or the Fixed Rate Program Providers, PMA Financial Network, Inc. and PMA Securities, Inc., and the Custodian, U.S. Bank National Association, (“Service Providers”) and/or their successors. WHEREAS, this Council deems it advisable for this municipality to enter into the Declaration of Trust and become a Participant of the Fund for the purpose of joint investment with other municipalities so as to enhance the investment earnings accruing to each; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley: Section 1. This municipality shall become a Participant of the Fund and adopt and enter into the Declaration of Trust, a copy of which shall be filed in the minutes of this meeting. The appropriate officials are hereby authorized to execute those documents necessary to effectuate entry into the Declaration of Trust and the participation of all Fund programs. Section 2. This municipality is authorized to invest monies from time to time and to withdraw such monies from time to time in accordance with the provisions of the Declaration of Trust. The following officers of the municipality or their successors are designated as “Authorized Officials” with authority to effectuate investments and withdrawals in accordance with the Declaration of Trust: M. Thomas Lawell, City Administrator Ronald Hedberg, Finance Director 2 (Additional names may be added on a separate list. The treasurer shall advise the Fund of any changes in Authorized Officials in accordance with Fund procedures.) Section 3. The Trustees of the Fund are designated as having official custody of those monies invested in accordance with the Declaration of Trust. Section 4. That the municipality may open depository and other accounts, enter into wire transfer agreements, safekeeping agreements, third party surety agreements securing deposits, collateral agreements, letters of credit, lockbox agreements, or other applicable or related documents with institutions participating in Fund programs including U.S. Bank National Association, or its successor, or programs of PMA Financial Network, Inc. or PMA Securities, Inc. for the purpose of transaction clearing and safekeeping, or the purchase of certificates of deposit (“CDs”) or other deposit products and that these institutions shall be deemed eligible depositories for the municipality. PMA Financial Network, Inc. and PMA Securities, Inc. and their successors are authorized to act on behalf of this municipality as its agent with respect to such accounts and agreements. Monies of this entity may be deposited in such depositories, from time to time in the discretion of the Authorized Officials, pursuant to the Fund’s Programs available through its Services Providers. ADOPTED this 29th day of November, 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 :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove 2019 Rates for City A ttorney S ervices S taff Contact: Charles Grawe, A ssistant City A dministrator Department / Division: A dministration Department AC T I O N RE Q UE S T E D: Approve 2019 rates for C ity Attorney services. S UM M ARY: Attached is a letter from Michael D ougherty of the firm D ougherty, Molenda, Sofest, Hills & Bauer, P.A. requesting a 3.0 percent increase in the retainer fees for legal services effective J anuary 1, 2019. A similar increase of 3.0 percent was approved for these services as part of the 2018 budget document. Staff recommends that the C ity Council approve the rate schedule. B AC K G RO UND: Each year, the City Attorney submits rates charged to the city for various services. B UD G E T I M PAC T: T he proposed rates were anticipated in the 2019 proposed budget. T he general municipal monthly retainer is proposed to increase from $14,121.64 to $14,545.29. T he criminal prosecution monthly retainer is proposed to increase from $27,377.60 to $28,198.93. T here are also similar percentage changes to the hourly rates for development and miscellaneous work. AT TAC HM E NT S : Memo I T E M: 4.G. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove Reductions of Various Financial Guarantees S taff Contact: J oan Murphy, Department A ssistant Department / Division: Community Development Department AC T I O N RE Q UE S T E D: Approve reductions of various financial guarantees. S UM M ARY: T he C ity holds numerous financial guarantees to ensure the installation of certain improvements in new developments, as well as to assure protection of natural resources. Staff review of the status of these developments indicates that the following actions are in order: 1.Cobblestone Lake Commercial 7th Addition (PC16-42-SB) Check No. 3013 Original Deposit on 4/13/17 $56,700.00 Reduce now to $ 0.00 2.Wirsbo 3rd Addition Uponor Annex (PC16-34-ZG FB) Check No. 14598 Original Deposit on 4/21/17 $183,000.00 Reduce now to $ 0.00 3.Apple Villa (PC16-18-PZB) LO C #SLC MMSP08728 Original Deposit on 9/19/17 $125,000.00 Reduce now to $75,000.00 4.Karamella Addition (Abdallah) (PC15-26-ZSB) LO C #6323886 Original Deposit on 12/22/15 $272,088.00 Reduced 1/12/17 to $170,000.00 Reduced 8/10/17 to $25,000.00 Reduce now to $ 0.00 B AC K G RO UND: N/A B UD G E T I M PAC T: N/A I T E M: 4.H. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving 2018 Surface Water Management P lan and Authorizing S ubmittal to the Metropolitan Council 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: Adopt a resolution approving the 2018 Surface Water Management Plan and authorizing submittal to the Metropolitan Council. S UM M ARY: T he purpose of the Surface Water Management Plan (SWMP) is to provide guidance for managing long term integrity of the City's surface waters and to maintain compliance with surface water regulations. T he 2018 SWMP was prepared by Barr Engineering. B AC K G RO UND: To ensure consistency with the 2040 C omprehensive Plan, the 2007 S WMP has been updated to reflect land use changes and new modeling efforts. T he final S WMP specifically addresses changes to land use, new precipitation trends, and state regulations that have occurred in the C ity since the 2007 SWMP was adopted. T he Planning C ommission received an update of the Draft SWMP at the February 21, 2018 meeting. Feedback from the Planning C ommission has been considered and incorporated where necessary. On March 3, 2018, the C ity C ouncil authorized the distribution of the D raft SWMP to outside agencies for the required 60-day preliminary review process for watershed management organizations (Black Dog Watershed Management Organization and the Vermillion River Watershed J oint Powers Organization) and the Metropolitan C ouncil. T he City's SWMP must be consistent with watershed management plans. T he S WMP was approved by the Black Dog Watershed Management Organization on J uly 18, 2018, and approved by the Vermillion River Watershed J oint Powers Organization on October 25, 2018. T he Executive Summary of the S WMP is attached and a full copy of the SWMP is available for review in the Public Works Department. T he 2018 SWMP will serve as the C ity's guiding document for the next ten years once it is approved by the Council. T he S WMP must be adopted by C ity Council to be eligible for State grant funds that will be announced in December 2018. T he SWMP will become a component of the C ity's 2040 C omprehensive Plan. B UD G E T I M PAC T: Funding for the update to the SWMP is provided from the 2018 Stormwater Utility Fund. AT TAC HM E NT S : Executive Summary Resolution Surface Water Management Plan 2018–2027 Prepared for the City of Apple Valley October 2018 ES-1 Executive Summary The City of Apple Valley Surface Water Management Plan (SWMP or Plan) sets the course for the City’s management of stormwater and water resources within the city. The SWMP provides data and other background information on resources, assesses city-wide and specific issues, sets goals and policies for the City and its resources, and lays out an implementation program to achieve the City’s goals. The SWMP is organized into six major sections, summarized as follows: Section 1 – Introduction Section 1.0 of the SWMP summarizes the City of Apple Valley’s location and history and describes the purpose of the SWMP. The City’s 2018-2027 SWMP is the third iteration of the City’s SWMP and replaces the previous SWMP adopted by the City in 2008. The purpose of the SWMP is to provide a framework and reference for protecting, preserving, and managing the City’s surface water resources and stormwater management system. The purpose of this SWMP also includes those purposes given in Minnesota Statute 103B.201 for metropolitan water management programs, which include: •Protect, preserve, and use natural surface and groundwater storage and retention systems; •Minimize public capital expenditures needed to correct flooding and water quality problems; •Identify and plan for means to effectively protect and improve surface and groundwater quality; •Establish more uniform local policies and official controls for surface and groundwater management; •Prevent erosion of soil into surface water systems; •Promote groundwater recharge; •Protect and enhance fish and wildlife habitat and water recreational facilities; and •Secure the other benefits associated with proper management of surface and ground water. This SWMP was developed consistent with the requirements of Minnesota Statutes 103B.235, Minnesota Rules Chapter 8410, and consistent with the guidance from the Metropolitan Council, the Vermillion River Watershed Joint Powers Organization (VRWJPO), and the Black Dog Watershed Management Organization (BDWMO). Section 2 – Land and Water Resource Inventory Section 2.0 of this Plan contains information about the physical resources in the city that affect, or are affected by, the City’s stormwater and surface water management activities. Information presented in Section 2.0 address the following areas: •Climate and precipitation •Topography and drainage •Soils •Geology and groundwater •Land cover and land use •Lakes ES-2 •Wetlands •Natural communities and rate features •Potential pollutant sources Information included in the land and water resources inventory is presented as text, tables, and figures. A key update to the land and water resources inventory include the 2013 publication of updated data on extreme precipitation events commonly used in the design of flood control systems. Other changes include revisions to hydrologic soil group delineations, updated land use data, and changes to the MPCA’s impaired waters list. Section 3 – Assessment of Issues and Opportunities This section of the SWMP presents and discusses the issues and opportunities facing the City, organized by various topics. The issues discussed in Section 3.0 are organized into the following topic areas: •Water quality (including stormwater runoff water quality, MPCA impaired waters, total maximum daily load studies, waterbody classification and water quality goals, water quality BMP maintenance, and other water quality issues) – Much of the City’s storm drainage planning efforts were made during a time when flood protection was a top priority and the impacts of stormwater runoff on water quality were not fully recognized. Much of the existing water quality degradation is directly related to a largely irreversible stormwater system configuration that routes runoff from urbanized areas through the City’s natural water resources. Some of the most challenging issues facing the City include the management of stormwater quality and the water quality of downstream water resources. •Water quantity and flood risk reduction (including floodplain management, hydrologic and hydraulic modeling, and discussion of select local flooding issues) – Many of the most significant historical flooding issues have been addressed by the City. However, development, redevelopment, and changing precipitation patterns place increasing stress on aging stormwater infrastructure. The hydrologic and hydraulic modeling included in the SWMP identified areas where the City will focus its flood risk reduction efforts. •Wetland management (including wetland and shoreland buffers, aquatic invasive species, and wetland classification and inventory) – Diverse wetland systems are critical components of a healthy hydrologic system. Tools to inventory, assess, and regulate wetlands are needed to minimize the negative effects of land development and other human activities in wetlands. •Groundwater management – Consumptive use of groundwater places increased pressure on the bedrock aquifers that the City relies upon for drinking water. In addition, development results in larger impervious areas and more compacted soils, decreasing opportunities for infiltration and recharge. •Erosion and sediment control – Increased sedimentation resulting from urban development may negatively impact water quality, fish and wildlife habitat, and aesthetics. Sediment deposition can also wholly or partially block culverts, manholes, and other stormwater facilities, increasing flood risk and requiring more frequent maintenance of the City’s stormwater system. ES-3 Specific areas of the city that have been identified as having higher risk of water quality and water quantity issues through modeling (“hot spots”) are noted in Section 4.0 of the SWMP. Section 3.0 of the SWMP also describes opportunities for the City to address these issues. These opportunities, generally, include: • Cooperation with watershed management organizations (and/or state agencies) • Partnerships with neighboring cities • Coordination of stormwater management improvements with redevelopment • Implementation of low impact development (LID) practices • Coordination of stormwater management improvements with other City programs (e.g., pavement management, park improvements) Section 4 – Stormwater System Analysis Concurrent with the development of this SWMP, the City performed water quality modeling and hydrologic and hydraulic modeling for areas of the city not previously modeled. The water quality modeling estimates pollutant loading from subwatershed areas and water quality treatment achieved by downstream best management practices (BMPs). The hydrologic and hydraulic modeling estimates high water levels and inundation extents resulting from critical storm events. The City will use the modeling results to identify, prioritize, and address areas of potential water quality and water quantity issues. Modeling methodologies are described in Section 4.0 of the SWMP. Modeling results are presented in the appendices to the SWMP. Section 5 – Goals, Strategies, and Policies The City developed a number of goals and policies to proactively manage its stormwater and surface water resources. The goals and policies are designed to continue to improve the quality and effectiveness of water resource planning and management in the city. These goals and policies have been developed to complement county, regional, and state goals, policies and management activities while minimizing redundancy. The City established the following goals related to stormwater and surface water management: 1. Manage the risk of flooding to minimize adverse effects to life, property, and infrastructure. 2. Manage surface water resources to promote healthy ecosystems, preserve water quality, and meet applicable water quality standards. 3. Manage stormwater runoff to reduce negative impacts to water resources and infrastructure. 4. Protect, restore, and enhance wetlands and natural areas. 5. Protect the quality and quantity of groundwater. 6. Protect water and natural resources through responsible management of development and redevelopment activities. 7. Promote stewardship of water and environmental resources through education, public involvement, and Cooperation. The policies intended to support these goals are included in their entirety in Section 5.0 of the SWMP. ES-4 Section 6 – Implementation Program The purpose of the SWMP is to provide a framework and reference for protecting, preserving, and managing the City surface water resources and stormwater management system. An effective implementation program is critical to ensure that the direction provided in the SWMP yields results. Section 6.0 of the SWMP summarize key elements of the City’s surface water and stormwater implementation program, including: • NPDES and TMDL requirements • Stormwater system operation and maintenance • Education and public involvement • Ordinances and official controls • Lake management program • Projects and capital improvements The implementation program is presented in Table 6-1 and Table 6-2 organized as follows: • Table 6-1 10 Year Implementation Program – Capital Improvements • Table 6-2 Implementation Program – Programs, Studies, and Official Controls Many of the City’s stormwater and surface water management activities are tied to the implementation of the City’s Storm Water Pollution Prevention Program (SWPPP); the City’s SWPPP is included as an appendix to this SWMP. Section 6.0 also describes the roles of the Black Dog Watershed Management Organization and the Vermillion River Watershed Joint Powers Organization with respect to water resource management within the city and activities performed in cooperation with the City. Section 7 – References This section lists the documents and other references used in the preparation of the SWMP. CITY OF APPLE VALLEY RESOLUTION NO. 2018 - ___ A RESOLUTION APPROVING THE 2018 SURFACE WATER MANAGEMENT PLAN AND AUTHORIZING SUBMITTAL TO THE METROPOLITAN COUNCIL WHEREAS, to ensure consistency with the 2040 Comprehensive Plan, the 2007 SWMP has been updated to reflect land use changes and new modeling efforts, and WHEREAS, the SWMP is to provide guidance for managing long term integrity of the City's surface waters and to maintain compliance with surface water regulations, and WHEREAS, the Planning Commission received an update of the Draft SWMP at the February 21, 2018 meeting, and WHEREAS, the City Council authored the distribution of the Draft SWMP to outside agencies for the required 60-day preliminary review process for watershed management organizations (Black Dog Watershed Management Organization and the Vermillion River Watershed Joint Powers Organization) and the Metropolitan Council on March 3, 2018, and WHEREAS, the SWMP was approved by the Black Dog Watershed Management Organization on July 18, 2018, and WHEREAS the SWMP was approved by the Vermillion River Watershed Joint Powers Organization on October 25, 2018, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the 2018 Surface Water Management Plan is hereby approved and authorized for submittal to the Metropolitan Council. ADOPTED this 29nd day of November, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela Gackstetter, City Clerk I T E M: 4.I . C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: Table Appeal of Z oning A dministrator's Ruling that Residential Use is not Permitted Use on P roperty Zoned “B P ” (B usiness P ark) for P roperty L ocated at 5751 150th Street West (C S A H 42) to December 13, 2018 (Tabled from November 15, 2018) S taff Contact: Thomas L ovelace, City Planner Department / Division: Community Development Department Applicant: Miller Farms of L akeville, L L C P roject Number: P C18-22-M Applicant Date: 8/22/2018 60 Days: 10/20/2018 120 Days: 12/19/2018 AC T I O N RE Q UE S T E D: A motion to recommend that the Appeal to the Zoning Administrator's Ruling be tabled to the December 13, 2018, C ity Council meeting. S UM M ARY: It is recommended that the Appeal to the Zoning Administrator's Ruling be tabled to the City Council meeting of December 13, 2018. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A I T E M: 4.J . C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution Setting P ublic Hearing at 7:00 p.m. on December 27, 2018, to Consider Vacation of Right-of-Way on L ot 1, B lock 1, Apple Valley S quare 2nd Addition (7668 150th S treet W.) S taff Contact: K athy Bodmer, A I C P, Planner Department / Division: Community Development Department Applicant: Hy-Vee I nc. and J ava Capital Partners 7668 150th S t, L L C P roject Number: P C18-32-S C B V F G Applicant Date: 11/9/2018 60 Days: 1/8/2019 120 Days: 3/9/2019 AC T I O N RE Q UE S T E D: Adopt resolution setting public hearing at 7:00 p.m. on December 27, 2018, to consider vacation of right-of-way on Lot 1, Block 1, Apple Valley Square 2nd Addition (7668 - 150th Street West). S UM M ARY: T he petitioners, Hy-Vee Inc., and the property owner, J ava Capital Partners, request consideration of a vacation of a portion of Pennock Lane abutting the parcel located at 7668 - 150th Street W. on the southeast corner of Pennock Lane and C SA H 42 (150th Street W.). Hy-Vee Inc. has submitted an application to redevelop the site for a convenience store with gas sales. T he petitioners would like to acquire what they view as excess right-of-way in order to accommodate the planned redevelopment. A public hearing to consider the overall redevelopment project to construct a 4,500 sq. ft. convenience store with gasoline sales has been scheduled for the December 5, 2018, Planning C ommission meeting. When considering a vacation request, the C ity must determine whether there is a public use for the easement or right-of-way. Once the public hearing has been set by the City Council, utility companies will be notified of the public hearing to determine whether they have services in the area. Ultimately, the C ity must decide whether the right-of-way is excess and could be vacated. If services are located in the area, the City may vacate right-of-way but retain certain easements. B AC K G RO UND: A review of the history of Pennock Lane indicates that Pennock Lane has been realigned twice in the past. First, in 1975, the City acquired an easement from Grace Lutheran Church, 7800 - 150th Street W., to shift the location of Pennock Lane on the south side of 150th Street 83' to the west to align with Pennock Ave on the north. T hen again, in 1992, the City acquired additional easements from Grace Lutheran Church to provide a straighter street alignment approaching the intersection. Both times Grace Lutheran received compensation for the land that was acquired by the City. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Notice Preliminary P lat L ocation Map Easement Easement CITY OF APPLE VALLEY RESOLUTION NO. 2018 - ___ A RESOLUTION SETTING A PUBLIC HEARING ON PROPOSED VACATION OF PUBLIC GROUNDS BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Clerk be, and hereby is, directed to schedule the public hearing specified in the notice attached hereto as Exhibit A and is further directed to cause said notice to be published for two weeks in the Apple Valley Sun Thisweek. The City Clerk is further directed to post copies of Exhibit A, pursuant to Minnesota Statutes Chapter 412.851, at least two weeks prior to the scheduled date of said hearing. ADOPTED this 29th day of November, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk E X H I B I T A NOTICE OF HEARING ON PROCEEDINGS FOR VACATION OF PUBLIC GROUNDS IN THE CITY OF APPLE VALLEY TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota County, Minnesota, will meet at the Municipal Center, 7100 West 147th Street, at 7:00 p.m., or as soon thereafter as possible, on Thursday, December 27, 2018, to consider the matter of vacation of the following described public grounds in the City of Apple Valley, pursuant to Minnesota Statutes 412.851: RIGHT OF WAY TURNBACK DESCRIPTION That part of Pennock Lane described as follows: (Document number for Pennock Lane unknown) Beginning at the southwest corner of Lot 1, Block 1, APPLE VALLEY SQUARE 2ND ADDITION, according to the recorded plat thereof, Dakota County Minnesota; thence north 89 degrees 55 minutes 25 seconds west, assumed bearing along the westerly extension of the south line of said Lot 1, a distance of 22.42 feet; thence northerly, along a non-tangential curve, concave to the east, having a central angle of 18 degrees 15 minutes 13 seconds, a radius of 440.79 feet for an arc distance of 140.43 feet to the westerly line of said Lot 1; the chord of said curve bears north 17 degrees 09 minutes 06 seconds west; thence southeasterly along said westerly line, along a non-tangential curve, concave to the northeast, having a central angle of 13 degrees 46 minutes 03 seconds, a radius of 174.57 feet for an arc distance of 41.95 feet; the chord of said curve bears south 29 degrees 10 minutes 36 seconds east to a point of reverse curve; thence southeasterly continuing along said westerly line, on said tangential reverse curve having a central angle of 24 degrees 06 minutes 14 seconds and a radius of 254.57 feet for an arc distance of 107.10 feet to the point of beginning. Right of way turnback area = 2,582 sq. ft. Such persons as desire to be heard with reference to the proposal will be heard at this meeting. DATED this 29th day of November, 2018. __________________________________ Pamela J. Gackstetter, City Clerk Phone(952) 937-5150 12701 Whitewater Drive, Suite 300Fax(952) 937-5822 Minnetonka, MN 55343(888) 937-5150APPLE VALLEY C-STORECommon Ground AllianceCall 48 Hours before digging:811 or call811.com60'40'020'GRAPHIC SCALEN O R T HREMPLOYEE OWNEDHY-VEE, INC.5820 WESTOWN PARKWAYWEST DES MOINES, IOWA 50266P 515-267-2800F 515-267-29357668 150TH STREET WESTAPPLE VALLEY, MINNESOTAPRELIMINARYPLATC1.1© 2018 Westwood Professional Services, Inc.PROPERTY DESCRIPTION PER STEWART TITLE GUARANTY COMPANY TITLE COMMITMENT NUMBER 54918.PARCEL 1:LOT 1, BLOCK 1, APPLE VALLEY SQUARE 2ND ADDITION. DAKOTA COUNTY, MINNESOTAABSTRACT PROPERTYPARCEL 2:NON-EXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS CONTAINED IN DEEDOF APPURTENANT EASEMENT DATED MARCH 7, 1980, FILED MARCH 14, 1980, AS DOCUMENT NO. 557376.PROPERTY DESCRIPTIONNOTES1) THIS SURVEY WAS PREPARED USING STEWART TITLE GUARANTY COMPANY TITLE COMMITMENT NUMBER 54918HAVING AN EFFECTIVE DATE OF SEPTEMBER 5, 2018 AT 07:00 AM.2) SUBJECT PROPERTY APPEARS TO BE CLASSIFIED AS ZONE X WHEN SCALED FROM FLOOD INSURANCE RATE MAPCOMMUNITY - PANEL NUMBER 27037C0201E DATED DECEMBER 2, 2011.3) SUBJECT PROPERTY CONTAINS 36,645 SQ. FT. OR 0.841 ACRES FOR EXISTING LOT 1, BLOCK 1, APPLE VALLEY SQUARE2ND ADDITION.4) THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTINGDRAWINGS. THE SURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCHUTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THEUNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEYARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLYLOCATED THE UNDERGROUND UTILITIES. (GOPHER STATE ONE CALL TICKET NO. 182411712).5) ADJOINING OWNERS SHOWN PER DAKOTA COUNTY PARCEL WEBSITE.6) THE BEARINGS SHOWN ON THIS SURVEY ARE BASED ON THE DAKOTA COUNTY COORDINATE SYSTEMN.A.D. 1983 (1986 ADJ.), US SURVEY FEET AND THE VERTICAL DATUM IS N.A.V.D. 1988, USING MINNESOTA DEPARTMENTOF TRANSPORTATION CONTROL POINT "ZOO".DRAWN:SCALE: REVISION DATE:DATE:SHEET:123456789REVISION & DATE:THAT PART OF PENNOCK LANE DESCRIBED AS FOLLOWS:(DOCUMENT NUMBER FOR PENNOCK LANE UNKNOWN) BEGINNING AT A THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, APPLE VALLEYSQUARE 2ND ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF,DAKOTA COUNTY MINNESOTA; THENCE NORTH 89 DEGREES 55 MINUTES 25SECONDS WEST, ASSUMED BEARING ALONG THE WESTERLY EXTENSION OFTHE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 22.42 FEET; THENCENORTHERLY, ALONG A NON-TANGENTIAL CURVE, CONCAVE TO THE EAST,HAVING A CENTRAL ANGLE OF 18 DEGREES 15 MINUTES 13 SECONDS, ARADIUS OF 440.79 FEET FOR AN ARC DISTANCE OF 140.43 FEET TO THEWESTERLY LINE OF SAID LOT 1; THE CHORD OF SAID CURVE BEARS NORTH17 DEGREES 09 MINUTES 06 SECONDS WEST; THENCE SOUTHEASTERLYALONG SAID WESTERLY LINE, ALONG A NON-TANGENTIAL CURVE, CONCAVETO THE NORTHEAST, HAVING A CENTRAL ANGLE OF 13 DEGREES 46MINUTES 03 SECONDS, A RADIUS OF 174.57 FEET FOR AN ARC DISTANCE OF41.95 FEET; THE CHORD OF SAID CURVE BEARS SOUTH 29 DEGREES 10MINUTES 36 SECONDS EAST TO A POINT OF REVERSE CURVE; THENCESOUTHEASTERLY CONTINUING ALONG SAID WESTERLY LINE, ON SAIDTANGENTIAL REVERSE CURVE HAVING A CENTRAL ANGLE OF 24 DEGREES 06MINUTES 14 SECONDS AND A RADIUS OF 254.57 FEET FOR AN ARCDISTANCE OF 107.10 FEET TO THE POINT OF BEGINNING.RIGHT OF WAY TURNBACK AREA = 2,582 SQ. FT.RIGHT OF WAY TURNBACK DESCRIPTIONEASEMENT AREA Approximate ROW Vacation Area GRACE LUTHERAN CHURCH PENNOCKLANECSAH 42 (150TH ST W.) Dakota County GIS PENNOCK LANE VACATION REQUEST μ LOCATION MAP ^ PENNOCK REALIGNMENT SKETCH 1973 County Road 42 LANE 82.56’ PENNOCK LANE REALIGNMENT 1989 I T E M: 4.K. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution Setting P ublic Hearing at 7:00 p.m. on December 27, 2018, to Consider Vacation of Easement on L ot 1, Block 1, L evine Subdivision (7530 7564 149th Street W.) S taff Contact: A lex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department Applicant: A lex Sharpe P roject Number: P C18-35-S C G F B Applicant Date: 11/9/2018 60 Days: 1/8/2019 120 Days: 3/9/2019 AC T I O N RE Q UE S T E D: Adopt resolution setting public hearing at 7:00 p.m. on December 27, 2018, to consider vacation of a driveway access easement on Lot 1, Block 1, Levine Subdivision (7530 - 7564 149th Street W). S UM M ARY: T he petitioners, Interstate Development C orporation., and the property owner, Time Square Shopping C enter II LLP, request consideration of a vacation of a driveway access easement traversing the southern portion of the Time Square shopping center. In the past this driveway access easement was obtained by the City to provide public access to the C ity liquor store when it was located on Granada Ave. T he liquor store has since moved to the northern Time Square building, and the site has been redeveloped, which in the current state removes this access. When considering a vacation request, the City must determine whether or not there is still a public use for the easement . Once the public hearing has been set by the C ity Council, utility companies will be notified of the public hearing to determine whether they have services in the area. Ultimately, the C ity must decide whether there is any use for the public driveway access now or in the future. T he vacation application is being submitted concurrently with a Preliminary Plat, Site Plan and Building Permit Authorization, and a Conditional Use Permit to develop a Portillo's restaurant on the site of the former T C F Bank. B AC K G RO UND: T he driveway access easement was established in J uly 1979, with the intended purpose of providing public access to the C ity liquor store, which at that time was on Granada Ave. Since that time, the C ity liquor store has moved locations, and the site has redeveloped. T he easement is currently ineffective as the access from Glenda Drive to Granada Ave was blocked when McDonald's was constructed. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Notice Exhibit Area Map Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2018 - ___ A RESOLUTION SETTING A PUBLIC HEARING ON PROPOSED VACATION OF PUBLIC GROUNDS BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Clerk be, and hereby is, directed to schedule the public hearing specified in the notice attached hereto as Exhibit A and is further directed to cause said notice to be published for two weeks in the Apple Valley Sun Thisweek. The City Clerk is further directed to post copies of Exhibit A, pursuant to Minnesota Statutes Chapter 412.851, at least two weeks prior to the scheduled date of said hearing. ADOPTED this 29th day of November, 2018. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk E X H I B I T A NOTICE OF HEARING ON PROCEEDINGS FOR VACATION OF PUBLIC GROUNDS IN THE CITY OF APPLE VALLEY TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota County, Minnesota, will meet at the Municipal Center, 7100 West 147th Street, at 7:00 p.m., or as soon thereafter as possible, on Thursday, December 27, 2018, to consider the matter of vacation of the following described public grounds in the City of Apple Valley, pursuant to Minnesota Statutes 412.851: That part of the Driveway Easement per Document No. 105429 (Torrens) and 543950 (Abstract) lying within Lot 1, Block 1, Levine Subdivision No. 2, according to the recorded plat thereof, Dakota County, Minnesota Such persons as desire to be heard with reference to the proposal will be heard at this meeting. DATED this 29th day of November, 2018. __________________________________ Pamela J. Gackstetter, City Clerk Time Square Shopping Center µ LOCATION MAP ^ 147TH ST W 150TH ST WCEDAR AVEGLENDA DR149TH ST WPENNOCK AVEGRANADA AVE148TH ST W GLAZIER AVEFRONTAGE RD PENNOCK LNGRANADA DRCEDAR AVE150TH ST W GLAZIER AVE Time Square Shopping CenterDriveway EasementApproximate Location µ^ 1 4 9 T H S T W CEDAR AVEGLENDA DR148TH ST W GRANADA AVEDriveway Easement Location I T E M: 4.L . C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving S pecifications for Project 2019-114, F amily Aquatic Center Pool S hell Repair, and Authorizing Advertising for Receipt of Bids on J anuary 11, 2019, at 10:00 a.m. S taff Contact: B arry B ernstein, Director Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Adopt resolution approving specifications and authorizing staff to advertise for receipt of bids for Project 2019-114, Family Aquatic C enter Pool Shell Repair. S UM M ARY: Staff is seeking authorization to advertise for receipt of bids for Project 2019-114, Family Aquatic C enter Pool Shell Repair. T he Project covers the removal and re-application of pool shell material in the main body of the pool at Apple Valley Family Aquatic Center. B AC K G RO UND: A fter years of service and seasonal acid washing prep work, areas of the Aquatic Center’s pool surface have become rough and difficult to thoroughly clean. To correct this, a re- application of Diamond Brite, Sunstone or equivalent is applied to the exposed aggregate pool finish. Rather than take on the full large scale pool at one time, the work has been divided into incremental portions over a course of years. T he diving well area of the pool was addressed in 2015. T he slide well and zero depth entry section of the pool were addressed in 2017. B UD G E T I M PAC T: Funding allocation has been included in the 2019 budget. AT TAC HM E NT S : Exhibit Area Map Resolution Advertisement for Bid Project 2019-114; Family Aquatic Center Pool Shell Repair - Specifications CITY OF APPLE VALLEY SPECIFICATIONS FOR PROJECT 2019 - 114; FAMILY AQUATIC CENTER POOL SHELL REPAIR November 29, 2018 GENERAL: It is the intent of these specifications, to detail the requirements for the removal and re- application of pool shell material. The focus of the project will be in the main body of the Apple Valley Family Aquatic Center’s pool, which consists of lap lanes and zero depth entry. The area of the floor and wall section is approximately 13,500 square feet. Vendors are encouraged to verify measurements. Highlighted aerial photos are included referencing the details. PROJECT SCOPE: Remove all rough and spalling plaster, cut and chip under existing tile and fittings creating a flush area for new plaster. Acid wash and or sand blast surface. Neutralize acid with baking soda or soda ash then thoroughly rinse with water. Apply bonding coat per manufacturer’s requirement in preparation for new plaster. Apply Diamond Brite, Sunstone or equivalent exposed aggregate pool finish to the pool interior. Color shall be white with blue quartz to match existing finish. The plaster will be troweled to an impervious surface not to exceed 3/8” to 1/2” thick. The tile for the racing lanes (4 lanes and 8 targets) will also be grouted as part of this project as well as the caulking of all control joints. If Diamond Brite is used it must be modified with T-K bonding agent and white Portland cement for added strength. Products will be used with the manufacturer’s requirements. AGREEMENT PARAMETERS: 1. Payment and performance bonds will be required for this project. Examples of these are included in the bid proposal package. 2. Project must be completed by May 13th 2019. Damages in the amount of $500.00 per day will be assessed thereafter until completion. 3. Proposals will be accepted until January 11th 2019. The project is scheduled to be awarded at the January 24th, 2019, City Council meeting. 4. Questions and/or to arrange a site visit please contact Parks Superintendent Mike Endres at 952-953-2420. 5. A onetime in-full payment will be made upon completion and acceptance of the project. An application for final payment and all other necessary paperwork must be delivered to City Clerk Pamela Gackstetter prior to final payment. 6. Standard manufacturer’s warranty on all products shall apply and a one year guarantee on all workmanship associated with this project shall be in effect 7. The City of Apple Valley reserves the right to reject any or all proposals and make a decision in the best interest of the City of Apple Valley. CITY OF APPLE VALLEY RESOLUTION NO. 2018- RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR PROJECT 2019-114; FAMILY AQUATIC CENTER POOL SHELL REPAIR WHEREAS, the Apple Valley City Council has reviewed specifications for Project 2019- 114, Family Aquatic Center Pool Shell Repair, copies of which are on file in the Office of the City Clerk; and WHEREAS, the City Council believes that the interest of the City would be best served by receiving sealed proposals based on said specification. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The City Clerk is hereby authorized to receive sealed bids at the time and place specified in the form of notice attached hereto as Exhibit A. 2. The City Clerk is further authorized and directed to cause an advertisement for said bids to be posted on the City’s website and on the online Quest Construction Data Network, not less than ten (10) days prior to the opening of said bids. ADOPTED this 29th day of November, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Exhibit A ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY Sealed bids will be received until 10:00 a.m., Friday, January 11, 2019, at the office of the City Clerk, City of Apple Valley, 7100 147th Street W., Apple Valley, Minnesota 55124, at which time they will be publicly opened and read, for the purpose of securing a contractor to provide: PROJECT NUMBER 2019-114; FAMILY AQUATIC CENTER POOL SHELL REPAIR Each bid shall be accompanied by a certified check, cashier’s check or a bid bond in the amount of five percent (5%) of the gross bid, made payable to the City of Apple Valley, which shall be forfeited to the City in the event the bidder fails to deliver the services. The City Council reserves the right to retain the deposits of the bidders for a period not to exceed 60 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of 30 days after the date and time set for the opening of bids. Specifications and proposal forms may be obtained from the Parks and Recreation Department at 14603 Hayes Road, Apple Valley, Minnesota 55124. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Dated this 29th day of November, 2018. Pamela J. Gackstetter, City Clerk I T E M: 4.M. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove Consent L etter with Crown Castle for Sprint Antenna Upgrades on Crown Castle AT&T Monopole at 6442 140th S treet W. S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Approve consent letter with Crown C astle for Sprint antenna upgrades on C rown Castle AT &T monopole at 6442 140th Street W. S UM M ARY: Sprint co-locates antennas on the C rown Castle AT &T (C C AT T ) monopole located at the Central Maintenance Facility. T he lease agreement with C C AT T requires consent from the City for upgrades to the equipment on the C C AT T monopole by either Sprint or C C AT T. T he C ity Attorney's office has reviewed the attached consent letter for the upgrades and approves signing of the document. B AC K G RO UND: On August 23, 2018, the C ouncil approved a lease agreement with Sprint for ground equipment on the C entral Maintenance Facility site at 6442 140th Street W. T he original lease agreement was from 1997. C C AT T Site # MN L03422 Sprint Site #MSO3XC695 Sprint C MF Subledger No. 20053004 B UD G E T I M PAC T: N/A AT TAC HM E NT S : Agreement I T E M: 4.N. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove S econd Amendment to A ntenna L ease Agreement with T-Mobile Central, L L C, for the Valleywood Water Tower S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Approve second amendment to Antenna Lease Agreement with T-Mobile C entral, LLC, for the Valleywood Water Tower. S UM M ARY: T he attached lease amendment is for T-Mobile’s Equipment Reinstall on the Valleywood Water Tower. T-Mobile's equipment was removed from the tower in 2017 as required for the Valleywood Reservoir Reconditioning project. T-Mobile will not be upgrading their antennas at this time. T he amendment has been approved by the C ity Attorney. T he construction plans have been reviewed and approved by SEH Engineers. B AC K G RO UND: On March 1, 2008, an antenna lease agreement was approved with T-Mobile C entral, LLC, for the installation of ground equipment and antennas on the Valleywood Water Tower site located at 4863 McAndrews Road. T he first lease amendment was approved on August 23, 2012. T-Mobile Site # A1Q0101A City Subledger No. 20053025 B UD G E T I M PAC T: N/A AT TAC HM E NT S : Agreement I T E M: 4.O. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove Third A mendment to Antenna L ease A greement with Verizon W ireless, L L C, for the Valleywood Water Tower S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Approve third amendment to Antenna Lease Agreement with Verizon Wireless, LLC , for the Valleywood Water Tower. S UM M ARY: T he attached lease amendment is for Verizon’s Equipment Reinstall and Upgrade on the Valleywood Water Tower. Verizon's equipment was removed from the tower in 2017 as required for the Valleywood Reservoir Reconditioning project. T he amendment has been approved by the C ity Attorney. T he construction plans have been reviewed and approved by SEH Engineers. B AC K G RO UND: On August 22, 2002, an antenna lease agreement was approved with Verizon Wireless, LLC, for the installation of ground equipment and antennas on the Valleywood Water Tower site located at 4863 McAndrews Road. Lease amendments were approved on August 14, 2014 and February 12, 2015. Verizon Site # MIN Valleywood City Subledger No. 20053026 B UD G E T I M PAC T: N/A AT TAC HM E NT S : Agreement Tenant Site Name: MIN Valleywood Market – Minnesota Landlord Site Name: Valleywood THIRD AMENDMENT TO LEASE AGREEMENT This Third Amendment to Lease Agreement (“Amendment”) is made as of the date set forth below by and between the City of Apple Valley, a Minnesota municipal corporation (“Landlord”) and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, a Delaware limited liability company (“Tenant”). Landlord and Tenant are jointly hereinafter referred to as the “Parties”. RECITALS: A. Landlord and Tenant entered into a Lease Agreement dated August 22, 2002, which lease was amended on August 14, 2014, and February 12, 2015 (collectively, the “Lease”), with respect to Premises (as defined in the Lease) located at 4851 McAndrews Road, Apple Valley, MN 55124 (“Property”). B. Landlord and Tenant desire to enter into this Amendment in order to modify and amend certain provisions of the Lease. AGREEMENT NOW, THEREFORE, in consideration of the facts set forth in the Recitals above, the mutual covenants and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Installation of New Equipment. Effective as of the date this Amendment is fully executed by both parties, Tenant is hereby allowed to remove, replace and install such additional equipment as specifically set forth on Exhibit A attached hereto and incorporated herein (“Additional Equipment”). The Additional Equipment set forth on Exhibit A shall be constructed and installed in accordance with the plans and specifications as set forth on Exhibit A and in accordance with the rules and regulations of Landlord and state and local laws and building codes. Except as set forth on Exhibit A, Tenant shall not be allowed to make any other additions or replacements of any equipment or Antenna Facilities without Landlord’s prior written co nsent. Nothing contained in this Amendment shall be deemed a waiver of any provision(s) in the Lease that requires Tenant to obtain Landlord’s consent for any improvements or changes to Tenant’s equipment in the future. If Tenant occupies any other portion of ground space located at the Property or any other space on the Property, other than as expressly shown on Exhibit A Tenant shall be in material default under the terms of the Lease and shall reimburse Landlord for all attorneys’ fees, court costs, unpaid rent for any portion of the Property so occupied and all other costs and expenses incurred by Landlord as a result of Tenant’s unauthorized occupancy. 2. Construction Standards. All work to be performed by Tenant and its contractors, agents, and employees shall be done in a good and workmanlike manner and in accordance with the plans and specifications set forth on Exhibit A. Tenant shall not be permitted in any material way to vary its construction from the plans and specifications set forth on Exhibit A without Landlord’s prior written consent. MIN Valleywood Third Amendment to Lease Agreement 2 Tenant shall pay for all work set forth on Exhibit A attached hereto to be performed upon the Property and shall not allow a lien to attach to the Property. Except to the extent caused by the willful misconduct or negligence of Landlord and subject to Chapter 466 of Minnesota Statutes, Tenant shall defend, indemnify and hold harmless Landlord from any and all costs, charges, liens, suits, actions, and expenses including but not limited to attorney’s fees and court costs, arising out of or related to: (1) Tenant’s negligence or misconduct in the installation, use, operation, maintenance and presence of the Additional Equipment, Tenant’s Antenna Facilities or any other equipment of Tenant or its agents, contractors or assigns; (2) Tenant’s, or tenant’s agent’s, contractor’s or employee’s entry or presence upon the Property; and (3) any default, beyond any applicable cure periods, by Tenant under the Lease and any amendments thereto. The terms and conditions of this paragraph shall survive the expiration or earlier termination of the Lease and this Amendment. 3. Costs of Review. Tenant shall be responsible for all reasonable costs of Landlord’s inspection, installation, project management costs, review fees, staff time, and any and all other fees and expenses incurred by Landlord in reviewing and approving Tenant’s application for this Amendment of the Lease and any future amendments to the Lease (the “Costs”). The Costs shall include all attorneys’ fees, staff and administrative review time and third party consultant fees and expenses all of which shall be at the expense of Tenant. All such fees and invoices and Costs must be paid by Tenant to Landlord within thirty (30) days after Landlord sends Tenant an itemized invoice for the same. Any invoices or other sums owed to Landlord, under the Lease or this Amendment, which are not paid by Tenant within thirty (30) days after such sums become due and owing shall: (1) be a material default under the Lease; and (2) bear interest at the lesser of fifteen percent (15%) per annum or the maximum rate allowed by law. The terms of this paragraph shall survive the expiration or earlier termination of the Lease. 4. Failure to Remove Improvements. Upon the expiration or termination of the Lease for any reason, Tenant shall remove its equipment, personal property, Antenna Facilities (including all Additional Equipment), and leasehold improvements from the Property on or before the date of termination or expiration, and shall repair any damage to the Property caused by such equipment, normal wear and tear, and casualty excepted; all at Tenant’s sole cost and expense, whether removed by Tenant or Landlord. Any such personal property or facilities which are not removed on or before the date this Lease terminates shall, at Landlord’s option, be deemed abandoned and become the property of Landlord. In the event Tenant leaves any personal property, equipment or any portion of its facilities on the Property without Landlord’s written consent, Tenant shall reimburse Landlord for the cost of removing and disposing of the same. Tenant shall be responsible for paying Base Rent and all other sums owed under this Lease until such time that Landlord or Tenant has removed the Antenna Facilities from the Property. In the event Landlord attempts to collect on any unpaid sums owed by Tenant under the Lease or this Amendment or Landlord brings any other action to enforce the terms of the Lease, as amended, Tenant shall be responsible for costs of collection including, but not limited to, attorneys’ fees, court costs, and expert witness fees whether or not Landlord files suit against Tenant. The terms of this Section shall survive the termination or other expiration of this Lease. 5. Indemnification. Except to the extent caused by the willful misconduct or negligence of Landlord and subject to Chapter 466 of Minnesota Statutes, Tenant further agrees to indemnify, defend and hold Landlord harmless from any and all claims, costs, penalties, fines, lawsuits, demands, and expenses, including attorney’s fees and court costs, arising out of or related to any negligence or misconduct in any entry upon the Property by Tenants agents, contractors, and employees. All indemnification obligations of Tenant as set forth in the Lease MIN Valleywood Third Amendment to Lease Agreement 3 and this Amendment shall survive the termination or expiration of the Lease. Notwithstanding anything to the contrary in the Lease, Tenant will not be liable to Landlord for, or indemnify Landlord against, punitive, indirect, incidental, special or consequential damages, including, without limitation, loss of income or business opportunities. 6. Limitation of Landlord’s Liability; Early Termination. Landlord’s liability for damages to Tenant under the Lease and this Amendment shall be limited to the actual and direct costs of equipment removal and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 7. AS-BUILTS and Punchlist Matters. Tenant shall complete construction and installation of the Additional Improvements within sixty (60) days after execution of this Amendment. Within twenty (20) days after Tenant completes the construction and installation of the Additional Equipment, Tenant shall provide Landlord with “As-Built” drawings in paper and electronic format as required by Landlord and which is compatible with Landlord’s existing file systems (“As-Builts”). Tenant shall also complete all punch-list items (“Punch List”) within twenty (20) days after Landlord or Landlord’s contractors provide the Punch List to Tenant or Tenant’s contractors. In the event that Tenant fails to provide the As-Builts or complete the Punch-List items within the time period set forth above, Tenant shall pay a daily fee to Landlord of $100 per day for each day that Tenant has not completed its obligations as set forth in the paragraph until such time as Tenant completes its obligations set forth herein 8. No Waiver. Nothing contained in this Amendment shall be construed as waiving a party’s right to insist that the other party comply with each and every provision of the Lease, including, but not limited to Tenant’s obligation to seek Landlord’s approval before Tenant may install or replace any equipment beyond that shown and identified in the exhibits to the Lease. Exhibit A attached hereto and any other amendments to the Lease. 9. Notice. Tenant’s notice addresses shall be as follows: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Landlord’s notices shall be sent to: City of Apple Valley Attn.: City Clerk 7100 – 147th Street West Apple Valley, MN 55124 with a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. Attn.: Michael G. Dougherty, City Attorney 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 MIN Valleywood Third Amendment to Lease Agreement 4 10. Conflict. In the event of a conflict between any of the terms contained in this Amendment and any terms contained in the Lease, the terms of this Amendment shall govern. 11. Affirmation of Lease. Except as modified herein, all terms and conditions of the Lease shall remain in full force and effect. 12. Construction. Landlord and Tenant agree that each of them has participated in the drafting of the Lease and this Amendment (collectively the “Agreement”) and that the Agreement shall not be construed against the party that drafted it. Both Landlord and Tenant acknowledge and agree that any Court interpreting the Agreement shall not construe any portion of the Agreement in favor of or against Landlord or Tenant based upon any rule of law or construction that would construe the Agreement against the party that drafted it. 13. Survival of Obligations. All of Tenant’s indemnification obligations and obligations to pay rent, fees and other sums owed to Landlord under the Lease and any amendments to the Lease shall survive the expiration or earlier termination of the Lease. 14. Authority. Each person signing this Amendment represents and warrants that he or she has the right, power and legal capacity to enter into this Amendment and that such signature will bind the party for who such signor signs this Amendment. 15. Counterparts. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. The parties may also execute this document by electronic means, including but not limited to fax, pdf or other electronic means and delivery of this Amendment by electronic means shall be effective as an original. [The remainder of this page has been intentionally left blank. Signature page to follow.] MIN Valleywood Third Amendment to Lease Agreement 5 IN WITNESS WHEREOF, the Parties have set their hands as of the date set forth below. LANDLORD Dated: ___________________ CITY OF APPLE VALLEY ______________________________ By: Mary Hamann-Roland Its: Mayor Dated: ___________________ ______________________________ By: Pamela J. Gackstetter Its: City Clerk TENANT Dated: ___________________ Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, a Delaware limited liability company ______________________________ By: _____________________________ Its: _____________________________ MIN Valleywood Third Amendment to Lease Agreement 6 EXHIBIT A PLANS AND SPECIFICATIONS (See attached.) I T E M: 4.P. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove P urchase of MS A G1 S elf Contained B reathing Apparatus for F ire Department S taff Contact: Charles Russell, A cting F ire Chief Department / Division: Fire Department AC T I O N RE Q UE S T E D: Approve the purchase of the MSA G1 Self C ontained Breathing Apparatus, in the amount of $348,981.51, for the Fire Department. S UM M ARY: T he Fire Department is in the process of replacing our Self C ontained Breathing Apparatus (SC BA). We would like to purchase the MSA G1 Fire Service Edition SC BA. We would utilize the HG A C (Houston-Galveston Area Council) contract to streamline the process and obtain a competitive price. It is the Fire Department's recommendation that C ity C ouncil approve purchasing these SC BA from Emergency Response Solutions, LLC. B AC K G RO UND: T he City's Fire Department has always championed firefighter safety. We ensure that our members have current and well-maintained safety equipment. Our SC BA are over 13 years old and in need of replacement. We put a committee together that reviewed the most popular air packs on the market today and selected to buy MSA G1 SC BA. T he Fire Department would purchase the SC BA from Emergency Response Solutions, LLC., off of the Houston-Galveston A rea C ouncil (HG A C ) contract. Using the HG A C contract means we do not need to go through the bidding process as it has already been done. We know we are getting a very competitive price. Approval of this request will continue our efforts to provide and maintain effective and reliable fire safety equipment. B UD G E T I M PAC T: Funding for the SC BA purchase is provided through use of the C ity's internal Vehicle and Equipment Replacement Fund (VERF). T here is no impact to the C ity's Fire Department 2018 general fund operating budget. AT TAC HM E NT S : Photo Quotation ““RReessppoonnssee iiss oouurr MMiiddddllee NNaammee”” EEmmeerrggeennccyy RReessppoonnssee SSoolluuttiioonnss,, LLLLCC 4817 Viking Blvd. NE Ste 102, East Bethel, MN 55092 Phone 651-464-1010 H-GAC PURCHASE QUOTE PREPARED FOR: APPLE VALLEY FIRE DEPARTMENT (HGAC CONTRACT EE-08-17) QUANTITY: DESCRIPTION: UNIT PRICE: TOTAL: CARRIER HARNESS CONFIGURATION: 46 MSA G1 GLOBAL SCBA FIRE SERVICE EDITION. 2013 NFPA COMPLIANT. 15 YEAR WARRANTY. AT O G1FS- 444MA2C2LAR 4 - 4500 PSIG SYSTEM PRESSURE 4 - CGA QUICK CONNECT REMOTE CONNECTION 4 - SERVICEABLE TUNNEL HARNESS WITH CHEST STRAP M - METAL CYLINDER BAND A - ADJUSTABLE SWIVELING LUMBAR PAD 2 - SOLID COVER REGULATOR, LEFT SHOULDER C - CONTINUOUS REGULATOR HOSE 2 - EXTENDAIRE II EMERGENCY BREATHING SUPPORT L - LEFT CHEST VOICE AMP SPEAKER MODULE A - RIGHT SHOULDER PASS W / STANDARD CONTROL MODULE R - RECHARGEABLE BATTERY TYPE -(1) BATTERY INCLUDED W / EVERY CARRIER PURCHASED * FACE PIECE AND CYLINDER PURCHASED SEPARATELY BELOW. $5,055.36 $232,546.56 CYLINDER OPTION: 120 MSA 10175707 G1- 4500 PSIG, 30 MIN LOW PROFILE SUPER LITE CYLINDER W / CGA QUICK CONNECT ADAPTER $721.23 $86,547.60 FACE PIECE: 85 MSA 10156459 G1 GLOBAL FACE PIECE FIRE SERVICE EDITION W/ INTERNAL HEADS UP DISPLAY (HUD). 2013 NFPA COMPLIANT. 15 YEAR WARRANTY. $259.65 $22,070.25 ““RReessppoonnssee iiss oouurr MMiiddddllee NNaammee”” EEmmeerrggeennccyy RReessppoonnssee SSoolluuttiioonnss,, LLLLCC 4817 Viking Blvd. NE Ste 102, East Bethel, MN 55092 Phone 651-464-1010 ATO G1FP- FM1M*01 F - FIRE SERVICE EDITION M - MEDIUM SIZE FACE PIECE 1 - HYCAR RUBBER COMPOSITION M - MEDIUM NOSE CUP *4 OR 5 - 4 (OR 5 PT) ADJUSTABLE KEVLAR HEAD HARNESS 0 - NO CLOTH NECK STRAP 1 - FIXED “PUSH-TO-CONNECT” REGULATOR CONNECTION 3 MSA 10169711 G1 RIT SYSTEM COMPLETE W / MSA RIT BAG, 4500PSI, QUICK CONNECT, FACEPIECE, PURGE COVER REGULATOR, 6’ QUICK FILL & EXTENDAIRE II SYSTEMS, REMOTE GAUGE, URC, W / MSA 10156426- SP 60 MINUTE CYLINDER. *ERS WILL PROVIDE (3) MSA 10169711 G1 RIT SYSTEMS AT $N/C UPON THE CONDITION THAT ALL (46) SCBA’S, (120) CYLINDERS, AND (85) FACE PIECES ARE PURCHASED AS QUOTED ABOVE. $N/C $N/C 3 MSA 10158385 KIT, (6) POSITION CHARGING STATION, G1 SCBA *ERS WILL PROVIDE (3) MSA 10158385 (6) POSITION CHARGING STATIONS AT $N/C UPON THE CONDITION THAT ALL (46) SCBA’S, (120) CYLINDERS, AND (85) FACE PIECES ARE PURCHASED AS QUOTED ABOVE* $N/C $N/C 40 MSA 10144230 SPECTACLE KIT FOR G1 FACE PIECE $116.15 $4,646.00 5 MSA 10148741-SP SPARE RECHARGEABLE BATTERY(S) $242.72 $1,213.60 6 MSA 10162403 QUICK CONNECTOR W / SCBA’S INC. HE ¼-FF-S ¼” M NPT HEX NIPPLE, MNPT X MNPT ADAPTER FOR FILL STATION $326.25 $1,957.50 TRAINING: ALL MEMBERS IN-SERVICE SCBA TRAINING WILL BE PROVIDED BY A FACTORY TRAINED INSTRUCTOR IN A CLASSROOM SETTING DURING A TIME AGREED UPON BY THE NEW PRAGUE FIRE DEPARTMENT. THIS INCLUDES A CUSTOMIZED POWER POINT PRESENTATION, AS WELL AS INDIVIDUAL HANDS-ON TRAINING UNTIL EVERY MEMBER IS COMPETENT ON THE COMPLETE USE OF THE SCBA. $N/C $N/C ““RReessppoonnssee iiss oouurr MMiiddddllee NNaammee”” EEmmeerrggeennccyy RReessppoonnssee SSoolluuttiioonnss,, LLLLCC 4817 Viking Blvd. NE Ste 102, East Bethel, MN 55092 Phone 651-464-1010 HANDS-ON TRAINING WILL INCLUDE, BUT IS NOT LIMITED TO: - EQUIPMENT FUNCTION AND OPERATION - DONNING AND DOFFING OF EQUIPMENT - CLEANING AND DECONTAMINATION OF EQUIPMENT - INSPECTION AND FUNCTIONAL TESTING OF EQUIPMENT - W ARRANTY INFORMATION AND REPAIR/REPLACEMENT PROCEDURES A CUSTOMIZED POWER POINT FILE WILL BE PROVIDED TO THE DEPARTMENT FOR FUTURE REVIEW AS NEEDED AT $N/C. FIT TESTING: ALL MEMBERS INITIAL QUANTITATIVE FACE PIECE FIT TESTING (WITH PRINTED REPORT) SHALL BE PROVIDED AT $N/C AND WILL INCLUDE VARIOUS SIZES OF FACE PIECE ASSEMBLIES TO INSURE PROPER FIT FOR ALL MEMBERS PRIOR TO THE IN- SERVICE AND USE OF ALL SCBA EQUIPMENT. $N/C $N/C $N/C FREIGHT AND DELIVERY $N/C $N/C GRAND TOTAL: $348,981.51 EMERGENCY RESPONSE SOLUTION’S RETURN POLICY: *ALL RETURNS ARE SUBJECT TO EMERGENCY RESPONSE SOLUTIONS’ RETURN POLICY - SPECIAL ORDER ITEMS CAN NOT BE CANCELLED OR RETURNED **ANY 2018 NFPA STANDARD AND COMPLIANCY CHANGES THAT ARE SET FORTH WILL BE UPGRADED FREE OF CHARGE TO THE PURCHASING CUSTOMER AND WILL NOT VOID ANY WARRANTY SET BY MSA Quote Expires: 30 Days Date of Quotation: 11-16-2018 We appreciate the opportunity to earn your Business! I T E M: 4.Q. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution Awarding Project 2018-156, Apple Valley S ports Arena 2019 I ce System Replacement 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: Adopt resolution rejecting A lternates 1, 2 and 3, and awarding Project 2018-156, Apple Valley Sports Arena 2019 Ice System Replacement. S UM M ARY: Staff is seeking authorization to enter into an agreement with Total Mechanical Services, Inc., as the lowest responsible bidder with a base bid of $1,900,900.00, for Project 2018-156, Apple Valley Sports Arena 2019 Ice System Replacement. T he bid packet included three Alternates; 1 - screw compressors in place of reciprocating compressors, 2 - sound system, and 3 - low emissivity ceiling. Rejection of all three Alternates is recommended. Project Engineer Stevens Engineers, Inc., has reviewed the bid and finds it and the vendor acceptable. Total Mechanical Services, Inc., has experience with this type of specialty work. B AC K G RO UND: On T hursday, November 8, 2018, sealed bids were opened for the purpose of entering into a written agreement to replace the Apple Valley Sports Arena's existing Holmsten R-22 direct ice refrigeration system. T he Engineer's initial estimated base bid was $2,120,865.00. T hree bids were received. T he lowest responsible bidder was Total Mechanical Services, Inc., for a base bid cost of $1,900,900.00. RIN K-T EC IN T ERN AT IO N A L, IN C. $2,627,500.00 C O MMERC IA L REFRIG ERAT IO N SY ST EMS, IN C . $2,292,875.00 TO TA L MEC HA N IC A L SERVIC ES, IN C . $1,900,900.00 City staff is working closely with School District 196 regarding this project as both parties operate and manage the facility through the joint powers agreement currently in effect. T hrough discussions with the School District, the C ity will manage and oversee the contracts and construction of this project. TO TA L MEC HA N IC A L SERVIC ES, IN C . C onstruction Base Bid $1,900,900.00 Alternate 1 - Screw Compressors rejected Alternate 2 - Sound System rejected Alternate 3 - Low Emissivity Ceiling rejected Construction Bid Total $1,900,900.00 Steven's Engineering recommended rejecting Alternate #1. T his means the compressors will be the same style currently located at Hayes Park Arena. T he School D istrict wishes to explore other options for Alternate #2 as part of the overall project, but removed from the bid specific package. Staff is awaiting manufacturer information regarding energy payback calculations, and in the interest of keeping to the construction timeline, staff is recommending rejection of Alternate #3. A standard construction agreement is being prepared, and based on C ity Attorney and City Administrator approval, it will be submitted to the vendor for signatures. C onstruction will be scheduled to begin in mid-March 2019 with anticipated completion in October, in time for the fall ice season. B UD G E T I M PAC T: General Construction Cost Base Bid $1,900,900.00 8% Project C ontingency $187,000.00 General C onstruction Total $2,087,900.00 Design F ee & E xpenses Engineering & Reimbursables $200,000.00 Previously Paid - Engineering - $40,000.00 C ommissioning $30,000.00 Design Fee & Expenses Total $190,000.00 Other Owner Expenses Dasher Boards $173,000.00 Sourcewell 5% Discount - $8,600.00 Existing Dasher Boards Trade-In - $15,000.00 Sound System $60,000.00 SA C /WA C Fees $4,000.00 Special Inspections & Testing $35,000.00 Other Owner Expenses Total $248,400.00 Estimated Project Total $2,526,300.00 Funds have been allocated within the 2019 Budget. T he C ity and School District 196 each are responsible for one half of the project costs. AT TAC HM E NT S : Resolution Bid / Quote Tabulation Proposal CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION AWARDING CONTRACT FOR PROJECT 2018-156; APPLE VALLEY SPORTS ARENA 2019 ICE SYSTEM REPLACEMENT WHEREAS, pursuant to Resolution No. 2018-_____, sealed bids have been received for Project 2018-156; Apple Valley Sports Arena 2019 Ice System Replacement; and WHEREAS, a tabulation of said bids is attached hereto as Exhibit A; and WHEREAS, it is staff’s recommendation to exercise the right of rejection on Alternates #1, 2 and 3 from the project; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The base bid of Total Mechanical Services, Inc., in the total amount of $1,900,900.00, is hereby found to be the lowest responsible bid meeting specifications. 2. Alternates #1, 2 and 3 from the bid are hereby rejected: Alternate #1 – Screw Compressors in Place of Reciprocating Compressors, Alternate #2 – Sound System, and Alternate #3 – Low Emissivity Ceiling. 3. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Total Mechanical Services, Inc., for its bid, in the total annual amount of $1,900,900.00, in accordance with Exhibit A and the specifications heretofore approved by the Council and on file in the office of the City Clerk. The City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 2 ADOPTED this 29th day of November, 2018. ______________________________ Mary Hamann-Roland, Mayor ATTEST: ________________________________ Pamela J. Gackstetter, City Clerk Bid Tabulation .Item Qty Units Base Bid LS $1,900,900 $2,292,875 $2,627,500 Alternate Bid 1 LS Add $64,000 Deduct -$26,900 Deduct -$50,500 Alternate Bid 2 LS Add $60,000 Add $60,000 Add $60,000 Alternate Bid 3 LS Add $65,939 Add $71,693 Add $75,540 Total Base Bids 5%5%5% 1, 2, 3 1, 2, 3 1, 2, 3 bpylkas@totalmech.com crsystems1003@qwestoffice.net kyle@rinktec.com Telephone Fax Address Email Bid Signed By Title Mark Rodorigo CEO Rink-Tec International, Inc. 3485 Willow Lake Boulevard, Suite 500 Vadnais Heights, MN 55110 651-481-1190 651-481-1178 Kyle Gillespie President 651-768-9367 651-768-9258 Bruce Pylkas President Commercial Refrigeration Systems, Inc. 104 East Chestnut, PO Box 1066 Virginia, MN 55792St Paul Park, MN 55071 218-749-3366 218-749-6810 420 Broadway Avenue $2,292,875.00 $2,627,500.00 Total Total Total Total Mechanical Services, Inc. Addenda Acknowledged Contractors Name Total Mechanical Bidder No.1 Bid Security $1,900,900.00 Rink-Tec InternationalCommercial Refrigeration Bidder No. 2 Bidder No.3 Project Name: Apple Valley Sports Arena Ice System Replacement File No.: 900-17-229 Owner: City of Apple Valley, MN Date and Time: Thursday, November 8, 2018 at 2:00 PM CST 1 EXHIBIT A I T E M: 4.R. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving S outh Metro S W AT J oint Powers A greement S taff Contact: Nick Francis, Police Captain Department / Division: P olice Department AC T I O N RE Q UE S T E D: Adopt resolution approving the J oint Powers Agreement for South Metro SWAT. S UM M ARY: T he Apple Valley Police Department currently participates in a joint powers agreement with multiple agencies to provide a tactical response to potentially dangerous and critical incidents. T he tactical team, formerly known as the Mutual-Agency Assistance Group, is being re-named as South Metro S WAT. T his entity has operated successfully for decades under previous agreements, which need to be periodically updated. B AC K G RO UND: T he A pple Valley Police D epartment has been a partner in the MA A G team for decades. T he team serves all member agencies and provides tactical expertise to these departments as a combined resource. Training, manpower, and equipment are all shared as a group expenditure. T he agreement is being entered into by the cities of Apple Valley, Farmington, Hastings, Inver G rove Heights, Lakeville, Faribault, Northfield, Mendota Heights, Rosemount, South St. Paul, West St. Paul, County of Dakota, and County of Rice In addition to a name change of the entity, minor updates were recommended by the Board of Directors. T hese changes were reviewed and approved by the Apple Valley City Attorney's Office. B UD G E T I M PAC T: N A AT TAC HM E NT S : Resolution Agreement CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH THE CITY OF APPLE VALLEY, MINNESOTA ON BEHALF OF ITS POLICE DEPARTMENT REGARDING PARTICIPATION IN THE SOUTH METRO SWAT TEAM. WHEREAS, the City Council of Apple Valley encourages partnerships with other public safety partners; and WHEREAS, South Metro SWAT, formerly known as Mutual-Agency Assistance Group, was created through a Joint Powers Agreement entered into by the cities of Apple Valley, Farmington, Hastings, Inver Grove Heights, Lakeville, Faribault, Northfield, Mendota Heights, Rosemount, South St. Paul, West St. Paul, County of Dakota, and County of Rice for the purpose of establishing an organization to coordinate efforts to provide a tactical response to potentially dangerous and critical incidents; and WHEREAS, to improve efficiencies the City of Apple Valley desires to work in connection with the South Metro SWAT Team to leverage manpower and resources; and WHEREAS, the formerly named Mutual- Agency Assistance Group has operated for decades as a mutual aid entity; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that this joint powers agreement is hereby approved and entered into by and between the participants of the agreement and the City of Apple Valley on behalf of its Police Department. A Copy of the Joint Powers Agreement is attached to this Resolution and made a part of it; and ADOPTED this 29th day of November, 2018 ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk 1 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement DAKOTA COUNTY SOUTH METRO SWAT 2019 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for critical incident response in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat § 471.59. This Agreement amends and supersedes the DAKOTA COUNTY MUTUAL-AGENCY ASSISTANCE GROUP, 2015 JOINT POWERS AGREEMENT, and shall become effective only upon the approval and execution hereof by duly authorized officers of all of the parties. NOW, THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby rename the existing Joint Powers Organization from Dakota County Multi-Agency Assistance Group (MAAG) to South Metro SWAT. 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to develop and provide joint response to critical incidents or high-risk entries where there is a risk of criminal violence, occurring within and outside of the parties’ jurisdictions. 3. Parties. The parties to this Agreement shall consist of the following units of government: City of Apple Valley City of Mendota Heights City of Farmington City of Rosemount City of Hastings City of South St. Paul City of Inver Grove Heights City of West St. Paul City of Lakeville County of Dakota City of Faribault County of Rice City of Northfield 4. Governance. 4.1. Governing Board. The governing board (“Board”) of the South Metro SWAT shall consist of one member and one alternate member appointed by the chief law enforcement officer of each party to this Agreement. Appointees shall be full-time supervisory peace officers of the appointing party. Resolutions or other documentation of the appointments shall be filed with the chair of the Board. 2 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement Members of the Board shall not be deemed to be employees of South Metro SWAT and shall not be compensated by the Board. 4.2. Terms. Appointees shall serve at the pleasure of the appointing party and may be removed only by the appointing party. 4.3. Officers. During the first quarter of each year the Board shall elect from its members a chair, vice chair and secretary/treasurer. The chair shall preside at all meetings of the Board and shall perform other duties as determined by the Board, including the authority to sign contracts authorized by the Board. The vice chair shall preside during the absence of the chair. The secretary/treasurer shall assist the chair in overseeing the Board’s budget and finances. 4.4. Meetings. The Board shall have regular quarterly meetings. Special meetings may be held on reasonable notice by the chair or vice chair. The presence of a simple majority of the members shall constitute a quorum. All meetings of the board shall be subject to the Open Meeting Law. 4.5. Voting. Each party to this agreement shall have one vote at any meeting of the Board. Proxy votes are not permitted. The Board shall function by a majority vote of board members or alternate members present, provided that a quorum is present. 5. Duties of the Board. 5.1. The Board will formulate a program to carry out its purpose. 5.2. The Board will coordinate information between the parties and the South Metro SWAT. 5.3. The Board has the exclusive authority to and shall appoint and supervise the Team Commander and Assistant Team Commanders of the South Metro SWAT, including appointment to fill vacancies in these positions. Appointments require the concurrence of the chief law enforcement officer of the Team Commander’s or Assistant Team Commander’s employer. 5.4 The Board may relieve the Team Commander or an Assistant Team Commander of their duties at any time upon simple majority vote of the Board. 5.5 The Board shall review annually the policies and procedures of the South Metro SWAT Team. 3 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement 6. Powers of the Board. 6.1. The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment to its duties and enforce such contracts to the extent available in equity or at law, except that the Board shall not enter into any contract the term of which exceeds one year. 6.2. The Board may enter in written contracts with any party to provide budgeting and accounting and administrative services necessary or convenient for the Board. Such services may include but not be limited to: management of all funds, payment for contracted services and other purchases, relevant bookkeeping and record keeping, records management, training records, and purchase of equipment. 6.3. The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the party under contract to provide budgeting and accounting services. 6.4. The Board may apply for and accept gifts, grants or loans of money or other property (excluding real property) or assistance from the United States government, the State of Minnesota, or any person, association, or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5. The Board must obtain and maintain liability insurance in amounts not less than the statutory liability limits established under Minn. Stat. Ch. 466 and may obtain other insurance it deems necessary to insure the parties, the Board, its members and employees of the parties for actions arising out of this Agreement, including, but not limited to extended reporting period coverage upon termination. With respect to employees of parties who have responded to a request for assistance pursuant to paragraph 9.5.1, they will be deemed to be taking actions arising out of this Agreement from the time they receive a request for assistance pursuant to this Agreement and commence traveling to the location where assistance is to be provided until the Team Commander or Assistant Team Commander has made the decision pursuant to paragraph 9.5.1 to recall the team. 6.6. All powers granted herein shall be exercised by the Board in a fiscally responsible manner and in accordance with the requirements of law. The purchasing and contracting requirements of the party providing budgeting and accounting shall apply to the Board. 6.7. The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 4 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement 6.8 South Metro SWAT does not have the authority to seize property for purposes of Minn. Stat. §§ 609.531-.5318. 6.9. The Board may retain legal counsel to advise the Board and provide civil legal services. The Dakota County Attorney’s Office is not the Board’s legal counsel. 6.10. All cash monies derived from South Metro SWAT operations shall remain the property of south Metro SWAT and shall be used in furtherance of South Metro SWAT efforts. 6.11 The Board is not responsible for investigating the conduct of the Team Commander, an Assistant Team Commander or any team member assigned to the South Metro SWAT. The Board will forward any complaints about any of the conduct of any such individual to the individual’s employing agency. 7. Budget and Finance. 7.1. Budget. By April 30 of each year the Board shall prepare and adopt a budget for the following calendar year and may amend the same from time to time. 7.2. Expenses. The parties intend to fund South Metro SWAT through annual contribution paid by each party. The Board shall establish the contribution by April 30 of the year prior to the year when the contribution is payable. The parties agree to pay the contribution as determined by the Board on or before January 31 of the year following the determination, provided that the respective city council or county board for each party has included funds for this purpose in its adopted budget. If a party elects to withdraw from this Agreement, there will be no reimbursement of any part of the contribution made for the year of withdrawal. 7.3. Accountability. If the Board elects to contract with a party to provide budgeting and accounting services, the Board shall enter into a written fiscal agent agreement with such party. The fiscal agent shall forward reports on South Metro SWAT receipts and disbursements to the members on a monthly basis. Fiscal agent responsibilities include but are not limited to management of all funds, including party contributions and grant funds, payment for contracted services, and bookkeeping and recordkeeping. All funds shall be accounted for according to generally accepted accounting principles. 7.4 Invoices. The secretary/treasurer may authorize payment of invoices which are consistent with the adopted budget and shall report to the Board all such invoices at its next regular meeting. 5 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement 8. South Metro SWAT Team members. 8.1. The Team Commander and Assistant Team Commanders and team members shall be licensed peace officers. The chief law enforcement officer of each party shall assign licensed peace officers to serve as South Metro SWAT team members, subject to approval of the Team Commander. Appointment as a Team Commander, Assistant Team Commander or team member pursuant to this Agreement shall not obligate any party to pay its employees so appointed any premium pay. 8.2. Team Commander, Assistant Team Commanders and team members assigned to the South Metro SWAT at all times will remain employees of the members’ respective jurisdictions and will not be employees of the Board. 9. Operations. 9.1. Team Structure. The Team Commander, with Board approval, will organize a leadership structure for South Metro SWAT that ensures efficient operation and deployment of resources. 9.2. Budget. The Team Commander will prepare and present to the Board annually a requested operating and capital improvement budget for the following year. 9.3. Communication. The Team Commander will act as a liaison between the South Metro SWAT and the Board, providing quarterly updates on team status, deployment, and budget. 9.4. Training. The Team Commander shall be responsible for arranging monthly and annual training events for team members, consistent with direction from the Board. The Team Commander shall also be responsible for maintaining records of the training received by team leaders and members as well as records of all other activities undertaken by the Team Commander, Assistant Team Commanders, team leaders and team members pursuant to this Agreement. 9.5. Deployment. 9.5.1. Requests for Assistance. Whenever a party, in its sole discretion, determines that conditions within its jurisdiction cannot be adequately addressed by that jurisdiction’s personnel and resources because of a critical incident or need for high risk entry, the party may request, in accordance with policies and procedures of the Board, that the South Metro SWAT deploy a South Metro SWAT team to assist the party’s jurisdiction. Upon a request for assistance, a South Metro SWAT team may be dispatched to the requesting party, in accordance with policies and procedures of the Board. A party may decline to make its personnel 6 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement available in response to any such request. Failure to provide assistance in response to a request made pursuant to this Agreement will not result in any liability to a party or South Metro SWAT. The Team Commander or Assistant Team Commander shall notify the Board members representing the employing agencies’ team members who are deployed anytime that assistance is provided pursuant to this Agreement. The Team Commander will report to the Board quarterly regarding any assistance provided to a party pursuant to this Agreement. The Team Commander or an Assistant Team Commander may at any time and in his/her sole judgment recall the team. The decision to recall a team provided pursuant to this Agreement will not result in liability to the South Metro SWAT, any party, or to the Team Commander or Assistant Team Commander who recalled the team. 9.5.2. Direction and Control. A party may at any time recall its personnel or equipment if it is considered to be in the best interests of the party to do so. South Metro SWAT team members will be under the tactical control of the Team Commander or other person in command of the scene, until a party withdraws its personnel or equipment. 9.5.3. Compensation. When the South Metro SWAT provides services to a requesting party, the personnel of the South Metro SWAT shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their employer. No charges will be levied by the South Metro SWAT or by the parties for specialized response operations provided to a requesting party pursuant to this Agreement unless that assistance continues for a period exceeding 24 continuous hours. If assistance provided pursuant to this agreement continues for more than 24 continuous hours, and the assistance is not provided in connection with a police call for services, any party whose officers provided assistance for South Metro SWAT may, at the direction of the board, submit itemized bills for the actual cost of any assistance provided, including salaries, overtime, materials and supplies, to the South Metro SWAT and the South Metro SWAT shall submit the invoices to the requesting party. The requesting party shall reimburse the South Metro SWAT for that amount, and the South Metro SWAT shall forward the reimbursement to the responding party. 9.5.4. Workers’ Compensation. Each party to this Agreement shall be responsible for injuries to or death of its own employees in connection with services provided pursuant to this Agreement. Each party shall maintain workers’ compensation coverage or self-insurance coverage, covering its own personnel while they are providing assistance as a member of the South Metro SWAT. Each party to this Agreement waives the right to sue any other party for any workers’ compensation benefits 7 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. The Team Commander, Assistant Commander, and team members are not employees of the South Metro SWAT. 9.5.5. Damage to Equipment. Each party shall be responsible for damage to or loss of its own equipment occurring during deployment of the South Metro SWAT. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 9.5.6. Liability and Indemnification. The South Metro SWAT is a separate and distinct public entity to which the parties have transferred all responsibility and control for actions taken pursuant to this Agreement. The South Metro SWAT shall defend and indemnify the parties and their officers, employees, volunteers and agents from and against all claims, damages, losses, and expenses, including reasonable attorney fees, arising from the South Metro SWAT activities or operations, including deployments of a South Metro SWAT team, decisions of the Board, and South Metro SWAT training activities. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. 1a(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other parties. Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466 or a waiver of any available immunities or defenses. Under no circumstances shall a party be required to pay on behalf of itself and any other parties any amounts in excess of the limits of liability established in Minnesota Statutes Ch. 466 applicable to any third party claim. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any third party claim. Any excess or uninsured liability shall be borne equally by all the parties, but this does not include the liability of any individual officer, employee, 8 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement or agent which arises from his or her own malfeasance, willful neglect of duty, or bad faith. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee or volunteer of any member for any act or omission for which the officer, employee or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 9.6. Aid to Non-Parties. 9.6.1. Upon a request for assistance from a governmental unit that is not a party to this Agreement, a South Metro SWAT team may be dispatched to such governmental unit, in accordance with policies and procedures of the Board, for a period of time not to exceed 24 hours, provided that the police chief or Sheriff, as appropriate, has consented to such deployment of his or her respective employees. Failure to provide assistance in response to any such request shall not result in any liability to a party or South Metro SWAT. The Team Commander or Assistant Team Commander shall notify the chair of the Board any time such assistance is provided. The Team Commander or Assistant Team Commander may at any time and in his/her sole judgment recall the team. The decision to recall a team hereunder shall not result in any South Metro SWAT liability. 9.6.2. Any party whose officers provided assistance pursuant to this paragraph may, at the direction of the board, submit itemized bills for the actual cost of any assistance provided, including salaries, overtime, materials and supplies to the South Metro SWAT and the South Metro SWAT shall submit the invoices to the requesting entity. The South Metro SWAT shall forward any payments it receives in connection with such invoices to the invoicing party. 10. Term. The term of this Agreement shall be effective only when all of the parties have signed this Agreement. The chair of the Board shall notify the parties in writing of the effective date of this Agreement. This Agreement shall continue in effect until terminated in accordance with paragraph 11.2 or December 31, 2023, whichever first occurs. 11. Withdrawal and Termination. 11.1. Withdrawal. Any party may withdraw from this Agreement upon 90 days’ written notice to the other parties. Withdrawal by any party shall not terminate this Agreement with respect to any parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any party prior to withdrawal. Such liability shall continue until discharged by law or agreement. 9 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement A withdrawing party shall have no claim to any property or assets owned or held by South Metro SWAT. 11.2. Termination. This Agreement shall terminate upon the occurrence of any one of the following events: (a) when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (b) when a majority of remaining parties agrees to terminate the Agreement upon a date certain. 11.3. Effect of Termination. Termination shall not discharge any liability incurred by the South Metro SWAT or by the parties during the term of this agreement. Upon termination and after payment of all outstanding obligations, property or surplus money held by the South Metro SWAT shall then be distributed to the parties in proportion to their contributions. 12. Notice. Notice of withdrawal shall be provided by first class mail to the following: Apple Valley Chief of Police 7100 147th Street West Apple Valley, MN 55124 Farmington Chief of Police 19500 Municipal Drive Farmington, MN 55024 Hastings Chief of Police 150 3rd Street East Hastings, MN 55033 Inver Grove Heights Chief of Police 8150 Barbara Avenue Inver Grove Heights, MN 55077 Lakeville Chief of Police 9237 183rd Street West Lakeville, MN 55044 Faribault Chief of Police 25 4th St NW Faribault, MN 55021 Northfield Chief of Police 1615 Riverview Dr Northfield, MN 55057 Mendota Heights Chief of Police 10 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement 1101 Victoria Curve Mendota Heights, MN 55118 Rosemount Chief of Police 2875 145th Street West Rosemount, MN 55068 South St. Paul Chief of Police 125 3rd Avenue North South St. Paul, MN 55075 West St. Paul Chief of Police 1616 Humbolt Avenue West St. Paul, MN 55118 Dakota County Sheriff Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 Rice County Sheriff 118 3rd St NW Faribault, MN 55021 13. Miscellaneous. 13.1. Amendments. This agreement may be amended only in writing and upon the consent of each of the parties’ governing body. 13.2. Records, accounts and reports. The books and records of the South Metro SWAT shall be subject to the provisions of Minn. Stat. Ch. 13. 13.3. Counterparts. This agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the chair of the Board. 13.4. Additional Parties. Any other municipality within Dakota County or any municipality or County adjacent to Dakota County may become a party to this Agreement upon approval of the Board, adoption of a resolution by the entity’s governing body, execution of this Agreement, and filing of the same with the chair of the Board. 11 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved by Dakota County Board COUNTY OF DAKOTA Resolution No.: 18-______ By: Dated: Name: Approved as to form: Title: _______________________________ Date of Signature: Assistant County Attorney/ Date KS18-357 2019 JPA for SOUTH METRO SWAT 12 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement CITY OF APPLE VALLEY By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: 13 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement CITY OF FARMINGTON By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: 14 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement CITY OF HASTINGS By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: 15 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement CITY OF INVER GROVE HEIGHTS By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: 16 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement CITY OF LAKEVILLE By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: 17 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement CITY OF MENDOTA HEIGHTS By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: 18 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement CITY OF ROSEMOUNT By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: 19 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement CITY OF SOUTH ST. PAUL By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: 20 Dakota County MAAG/South Metro SWAT 2019 Joint Powers Agreement CITY OF WEST ST. PAUL By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: 21 Dakota County SOUTH METRO SWAT 2019 Joint Powers Agreement CITY OF NORTHFIELD By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: 22 Dakota County SOUTH METRO SWAT 2019 Joint Powers Agreement CITY OF FARIBAULT By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: 23 Dakota County SOUTH METRO SWAT 2019 Joint Powers Agreement COUNTY OF RICE By: Name: Title: Date of Signature: Attest: By: Name: Title: Rice County Sheriff Date: I T E M: 4.S. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove Agreement with B irch Tree Care for Project 2019-112, 2019 Ash Tree Removals 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 agreement with Birch Tree C are for Project 2019-112, 2019 Ash Tree Removals in the amount of $59,024. S UM M ARY: In N ovember 2018, quotes were sought from licensed tree contractors to remove 136 ash trees from the public street boulevard at various locations throughout the city. Four of eight companies responded, (please see attached bid tab). Property owners adjacent to each tree location have been contacted and are acceptable of the tree removal project. T he contractor will remove and dispose of each tree, which will be cut off within six inches of ground level. T he tree removal work is expected to be completed by the end of February 2019. Property owners adjacent to the ash tree removal sites will be offered a tree replacement in spring 2019. A standard city agreement will be utilized. B AC K G RO UND: T his project will continue the C ity's proactive management of emerald ash borer infestations t o public trees. T h e C ity began managing the ash tree population in 2014 to reduce the impact of emerald ash borer on the urban forest. C urrently there are approximately 2,000 ash trees located within C ity street right-of-ways. B UD G E T I M PAC T: Funding for the ash tree removal project is included in the Public Works Administration Natural Resources operating budget. Some supplemental grant funds from the Minnesota Department of Natural Resources will help offset this project. AT TAC HM E NT S : Quotation BID TABULATION CITY PROJECT 2019-112 2019 Ash Tree Removals 1 Removal & Disposal of Trees 136 $59,024.00 $61,650.00 $70,469.28 $65,300.00 TOTAL BID $59,024.00 $61,650.00 $70,469.28 $65,300.00 Precision Landscape and Tree, Inc. No.ITEM QUANTITY Birch Tree Care S & S Tree Specialists SavATree LLC I T E M: 4.T. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove Agreement with Garage F loor Coating of MN.com, L L C, for A pple Valley F ire S tation One B ay Floor Coating S taff Contact: Charles Russell, A cting F ire Chief Department / Division: Fire Department AC T I O N RE Q UE S T E D: Approve entering into an agreement with Garage Floor C oating of MN.com, LLC, for Apple Valley Fire Station One Bay Floor C oating, in the amount of $25,055.10. S UM M ARY: T he Fire Department has completed some repair work to the concrete bay floors at Fire Station 1. We would like to put a finished floor coating on the bay floor to cover and protect it. It is the Fire D epartment's recommendation that C ity Council approve entering into this agreement with Garage Floor Coating of MN.com, LLC, for the bay floor coating. B AC K G RO UND: T he Fire Department has completed some repair work to the concrete bay floors at Fire Station 1. T his has left a patchwork effect to the bay floors. Fire station 1 is our main station, seeing many tour groups and hosting many meetings and drills. Coating the floor with a quartz system will give the bay floors where we store our fire trucks a finished and professional look. It is the Fire D epartment's recommendation that C ity Council approve entering into this agreement with Garage Floor Coating of MN.com, LLC. B UD G E T I M PAC T: Funding for this bay floor coating has been approved in the 2018 budget. AT TAC HM E NT S : Quotation Quotation Agreement Estimate 1811-0713-2624 2018-11-07 Superior Garage Floor 661 N. Main St. River Falls WI 54022 Twin.Cities.Metro.612.314.3252 Western.WI.715.307.7377 Rochester/Mankato.507.218.4900 St.Cloud.320.316.0299 Jeff Melville Apple Valley Fire Apple Velley Mn 55124 jeffery.melville@applevalleyfire.org 952-239-9608 Estimator: Chad Halvorson 612-314-3252 ext.703 chad@superiorgaragefloor.com Project Location: Apple Valley Fire, Apple Velley, Mn, 55124 Station 1 Heavy Duty Commercial Chip Floor Coating Description Quantity Total 1/4" Color Flake - 5 Year GUARANTEE Includes 2 TOPCOATS Preparation of surface by diamond grinding. Apply a thick mil penetrating polymer tinted high build base coat, additional base coat with full broadcast of color flakes, and 2 clear polyurea topcoats. 4100.00 $26,650.00 Saw Cut Joint Fill Fill all saw cuts with Polyflex 1800.250.00 $1,000.00 Split job into 2 2.00 $0.00 Incudes Striping 1.00 $0.00 $27,650.00 Heavy Duty Commercial Quartz Floor Coating Description Quantity Total *1/4" Color Flake - 5 Year GUARANTEE Includes 2 TOPCOATS Preparation of surface by diamond grinding. Apply a thick mil penetrating polymer tinted base coat with full broadcast of quartz, additional base coat with 2nd full broadcast of quartz, and 2 clear topcoats. 4100.00 $34,850.00 *Saw Cut Joint Fill Fill all saw cuts with Polyflex 1800.250.00 $1,000.00 Split job into 2 2.00 $0.00 Includes striping 1.00 $0.00 $35,850.00 Proposal 1 of 2 PRICE MATCH GUARANTEE We will match any competitor price for a comparable floor coating system For online proposals, square footage, condition and options to be confirmed with onsite visit prior to install. Upon acceptance, client will provide a 50% down payment 30 days prior to install. Balance due upon completion. Superior Garage Floor terms, conditions and warranty. Term & Conditions Balance due upon completion. We accept check or credit card. CHECK; Please mail to 661 N. Main St. River Falls, WI 54022. CREDIT CARD; If paying by credit, payment can be submitted online. A 18% monthly late payment charge will be accessed for late payment. A $100 surcharge will be accessed for any returned checks. I agree to all collection costs, attorneys fees, finance charge or any other cost incurred by Superior Garage Floor to enforce collection of outstanding balance. Warranty (Warranty is not transferable or assignable) Superior Garage Floor Limited Lifetime Guarantee warrants any surface coating delamination or peeling from the concrete surface. Warranty applies to residential garages and interior applications. No warranty is offered for exterior areas. Commercial warranty timeframe specified with coating system service description. Warranty does not apply to; Concrete failure under the applied coating system. Cracking caused by concrete movement, heaving, popping, shifting, settling, contraction. Hydrostatic pressure, moisture intrusion or any other moisture related issue. Damage incurred by customer negligence or abuse. Exposure to battery acid or Acts of God Notices Any repair needed after initial installation may be noticeable and have a slight variation of coating or color blend. We will attempt to minimize any variation. Imperfections and variations in your current floor may still be visible after coating system is installed. Stem walls, steps and any vertical surfaces may vary in appearance from the floor finish. Saw cut expansion joints will be filled with a flexible polymer that will move with the concrete. These joints may be slightly visible when the coating is complete. If the slabs shift enough the crack may show through the coating. This can be repaired. Signature or email reply of "estimate approved" approves selected system/services and agreement to terms, conditions, warranty and notices attached. Client Signature Date 2 of 2 I T E M: 4.U. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove Agreement with K eys Well Drilling Company, for P roject 2018-167, Well P umps 1, 2, 18, and L ow Z one Pump 1 Maintenance S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: Approve agreement with Keys Well Drilling C ompany, for Project 2018-167, Well Pumps 1, 2, 18 and Low Zone Pump 1 Maintenance, in the amount of $98,885.00. S UM M ARY: On November 16, 2018, quotations were received for maintenance of Municipal Wells 1, 2, 18 and Water Treatment Plant Low Zone Pump 1. A summary of the base bid results of the quotation process are provided below and the detailed bid tabulation is attached. Company Quotation Keys Well Drilling C ompany $98,885.00 E.H. Renner & Sons, Inc.$112,472.00 Bergerson-Caswell, Inc.$127,795.00 Mark J . Traut Wells, Inc.No Quote A standard City agreement will be utilized for this project. B AC K G RO UND: T he work is being done as part of the City’s preventive maintenance program to ensure operability and maximum performance of the wells. Keys Well Drilling Company is qualified to perform the maintenance work on the wells. B UD G E T I M PAC T: Funding for maintenance of Well Pumps 1, 2, 18 and Low Zone Pump 1 is included in the 2018 Public Works Utilities Division Water Fund Operating Budget; 5320.6735 Expenses C onstruction $98,885.00 Engineering, Admin, Legal 2,500.00 C onstruction Contingency 5,000.00 Total Estimated C ost $106,385.00 AT TAC HM E NT S : Bid / Quote Tabulation Project Name: City Project No.: Quote Opening:Owner:City of Apple Valley BID TABULATION Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Part 1 - Well 1 Pump Repairs 1 Remove and Reinstall Line Shaft Turbine Pump and Electric Motor LS 1 5,500.00$ $5,500.00 6,650.00$ $6,650.00 5,000.00$ $5,000.00 2 Shop Time for Cleaning and Repairing Pump HR 20 90.00$ $1,800.00 120.00$ $2,400.00 90.00$ $1,800.00 3 6" x 10', SCH 40 R and D Column Pipe with Coupling EA 10 270.00$ $2,700.00 375.00$ $3,750.00 325.00$ $3,250.00 4 6" x 5', SCH 40 R and D Column Pipe with Coupling EA 1 200.00$ $200.00 275.00$ $275.00 240.00$ $240.00 5 5" SCH 40 Suction Pipe EA 1 200.00$ $200.00 275.00$ $275.00 285.00$ $285.00 6 1-1/4" x 10', Stainless Steel Line Shaft with Stainless Steel Sleeve EA 5 200.00$ $1,000.00 275.00$ $1,375.00 270.00$ $1,350.00 7 1-1/4" x 5', Stainless Steel Line Shaft with Stainless Steel Sleeve EA 1 135.00$ $135.00 200.00$ $200.00 180.00$ $180.00 8 1-1/4" Stainless Steel Line Shaft Coupling EA 5 25.00$ $125.00 40.00$ $200.00 30.00$ $150.00 9 1-1/4" x 10', C-1040 Steel Line Shaft with Stainless Steel Sleeve EA 5 110.00$ $550.00 150.00$ $750.00 150.00$ $750.00 10 1-1/4" x 5', C-1040 Steel Line Shaft with Stainless Steel Sleeve EA 1 80.00$ $80.00 125.00$ $125.00 100.00$ $100.00 11 1-1/4" Steel Line Shaft Coupling EA 5 20.00$ $100.00 25.00$ $125.00 20.00$ $100.00 12 Bronze Bearing Retainer w/Rubber Bearing EA 1 85.00$ $85.00 75.00$ $75.00 115.00$ $115.00 13 Furnish and Install Rubber Bearing in Existing Retainer EA 17 30.00$ $510.00 30.00$ $510.00 20.00$ $340.00 14 Remove Existing Sleeve and Furnish and Install New Stainless shaft Sleeve on Existing Line Shaft EA 1 60.00$ $60.00 80.00$ $80.00 115.00$ $115.00 15 Furnish and Install New Discharge Head Beraring LS 1 200.00$ $200.00 250.00$ $250.00 300.00$ $300.00 Bidder No. 2 E. H. Renner & Sons, Inc. Bidder No. 1 Bergerson Caswell, Inc. Well Pumps 1, 2, 18 and Low Zome Pump 1 Maintenance 2018-167 November 16, 2018 Keys Well Drilling Company Bidder No. 2 2018-167 Bid Tab BT-1 BID TABULATION Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Bidder No. 2 E. H. Renner & Sons, Inc. Bidder No. 1 Bergerson Caswell, Inc.Keys Well Drilling Company Bidder No. 2 16 Stainless Steel Head Shaft LS 1 400.00$ $400.00 750.00$ $750.00 400.00$ $400.00 17 Furnish and Install Complete Set of Bowl Bearings LS 1 900.00$ $900.00 750.00$ $750.00 900.00$ $900.00 18 Stainless Steel Bowl Shaft LS 1 400.00$ $400.00 600.00$ $600.00 475.00$ $475.00 19 Machine Bowl and Furnish and Install Bronze Impeller Wear Ring Each Stage EA 9 300.00$ $2,700.00 325.00$ $2,925.00 1,500.00$ $13,500.00 20 Reassemble Bowl LS 1 300.00$ $300.00 750.00$ $750.00 300.00$ $300.00 21 Paint Column, Bowl, and Suction Pipe LS 1 1,800.00$ $1,800.00 4,800.00$ $4,800.00 3,200.00$ $3,200.00 22 Well Level Monitor Stilling Tubing - 1" ID LS 1 200.00$ $200.00 175.00$ $175.00 350.00$ $350.00 Total Part 1 - Well 1 Pump Repairs $19,945.00 $27,790.00 $33,200.00 Part 2 - Well 2 Pump Repairs 23 Remove and Reinstall Line Shaft Turbine Pump, & Electric Motor LS 1 9,500.00$ $9,500.00 8,550.00$ $8,550.00 6,000.00$ $6,000.00 24 Shop Time for Cleaning and Repairing Pump HR 20 90.00$ $1,800.00 120.00$ $2,400.00 90.00$ $1,800.00 25 8" x 10', SCH 40 R&D Column Pipe with Coupling EA 5 390.00$ $1,950.00 500.00$ $2,500.00 450.00$ $2,250.00 26 8" x 5', SCH 40 R&D Column Pipe with Coupling EA 1 275.00$ $275.00 450.00$ $450.00 310.00$ $310.00 27 8" SCH 40 Suction Pipe EA 1 365.00$ $365.00 450.00$ $450.00 436.00$ $436.00 28 Galvanizesd suction strainer EA 1 165.00$ $165.00 400.00$ $400.00 180.00$ $180.00 29 1-7/16" x 10', Stainless Steel Line Shaft with Stainless Steel Sleeve EA 10 230.00$ $2,300.00 175.00$ $1,750.00 330.00$ $3,300.00 30 1-7/16" x 5', Stainless Steel Line Shaft with Stainless Steel Sleeve EA 1 215.00$ $215.00 125.00$ $125.00 250.00$ $250.00 31 1-7/16" Stainless Steel Line Shaft Coupling EA 10 28.00$ $280.00 25.00$ $250.00 25.00$ $250.00 2018-167 Bid Tab BT-2 BID TABULATION Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Bidder No. 2 E. H. Renner & Sons, Inc. Bidder No. 1 Bergerson Caswell, Inc.Keys Well Drilling Company Bidder No. 2 32 1-7/16" x 10', Stainless Steel Line Shaft with Stainless Steel Sleeve EA 10 275.00$ $2,750.00 275.00$ $2,750.00 356.00$ $3,560.00 33 1-7/16" x 5', Stainless Steel Line Shaft with Stainless Steel Sleeve EA 1 325.00$ $325.00 225.00$ $225.00 200.00$ $200.00 34 1-7/16" Stainless Steel Line Shaft Coupling EA 10 50.00$ $500.00 40.00$ $400.00 50.00$ $500.00 35 Bronze Bearing Retainer w/Rubber Bearing EA 10 100.00$ $1,000.00 100.00$ $1,000.00 125.00$ $1,250.00 36 Furnish and Install Rubber Bearing in Existing Retainer EA 23 30.00$ $690.00 30.00$ $690.00 20.00$ $460.00 37 Remove Existing Sleeve and Furnish and Install New Stainless shaft Sleeve on Existing Line Shaft EA 1 60.00$ $60.00 80.00$ $80.00 50.00$ $50.00 38 Furnish and Install New Discharge Head Beraring LS 1 300.00$ $300.00 250.00$ $250.00 300.00$ $300.00 39 Stainless Steel Head Shaft LS 1 550.00$ $550.00 650.00$ $650.00 400.00$ $400.00 40 Furnish and Install Complete Set of Bowl Bearings LS 1 500.00$ $500.00 850.00$ $850.00 850.00$ $850.00 41 Stainless Steel Bowl Shaft LS 1 500.00$ $500.00 650.00$ $650.00 350.00$ $350.00 42 Machine Bowl and Furnish and Install Bronze Impeller Wear Ring Each Stage EA 3 450.00$ $1,350.00 450.00$ $1,350.00 200.00$ $600.00 43 Reassemble Bowl LS 1 250.00$ $250.00 700.00$ $700.00 300.00$ $300.00 44 Paint Column, Bowl, and Suction Pipe LS 1 1,900.00$ $1,900.00 6,370.00$ $6,370.00 3,900.00$ $3,900.00 45 Well Level Monitor Stilling Tubing - 1" ID LS 1 200.00$ $200.00 480.00$ $480.00 350.00$ $350.00 Total Part 2 - Well 2 Pump Repairs $27,725.00 $33,320.00 $27,846.00 2018-167 Bid Tab BT-3 BID TABULATION Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Bidder No. 2 E. H. Renner & Sons, Inc. Bidder No. 1 Bergerson Caswell, Inc.Keys Well Drilling Company Bidder No. 2 Part 3 - Well 18 Pump Repairs 46 Remove and Reinstall Submersible Turbine Pump and Electric Motor LS 1 8,000.00$ $8,000.00 8,750.00$ $8,750.00 8,000.00$ $8,000.00 47 Shop Time for Cleaning and Repairing Pump HR 20 90.00$ $1,800.00 120.00$ $2,400.00 90.00$ $1,800.00 48 8" x 20', SCH 40 R & D Column Pipe with Coupling EA 6 1,040.00$ $6,240.00 1,250.00$ $7,500.00 800.00$ $4,800.00 49 Column Check Valve, 8" ductile iron, poppet style EA 1 1,450.00$ $1,450.00 2,550.00$ $2,550.00 1,500.00$ $1,500.00 50 Set of Pitless O-Rings EA 2 100.00$ $200.00 150.00$ $300.00 290.00$ $580.00 51 Furnish and Install Complete Set of Bowl Bearings EA 1 400.00$ $400.00 850.00$ $850.00 300.00$ $300.00 52 Stainless Steel Bowl Shaft EA 1 550.00$ $550.00 750.00$ $750.00 325.00$ $325.00 53 Machine Bowl &Furnish & Install Bronze Impeller Wear Ring Each Stage EA 3 475.00$ $1,425.00 500.00$ $1,500.00 175.00$ $525.00 54 Reassemble Bowl EA 1 250.00$ $250.00 700.00$ $700.00 300.00$ $300.00 55 Paint Column, Bowl, and Motor EA 1 2,900.00$ $2,900.00 6,875.00$ $6,875.00 5,800.00$ $5,800.00 56 Well Level Monitor PVC Stilling Tubing - 1" ID LS 1 300.00$ $300.00 540.00$ $540.00 600.00$ $600.00 57 Replace electrical cable from pump to electric panel LS 1 5,300.00$ $5,300.00 7,250.00$ $7,250.00 5,268.00$ $5,268.00 Total Part 3 - Well 18 Pump Repairs $28,815.00 $39,965.00 $29,798.00 2018-167 Bid Tab BT-4 BID TABULATION Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Bidder No. 2 E. H. Renner & Sons, Inc. Bidder No. 1 Bergerson Caswell, Inc.Keys Well Drilling Company Bidder No. 2 Part 4 - Low Zone Pump Repair LZP1 58 Remove and Reinstall Line Shaft Turbine Pump and Electric Motor LS 1 4,400.00$ $4,400.00 5,500.00$ $5,500.00 2,500.00$ $2,500.00 59 Shop Time for Cleaning and Repairing Pump HR 20 90.00$ $1,800.00 120.00$ $2,400.00 90.00$ $1,800.00 60 10" x 5', SCH 40 Line Shaft Column Pipe with Coupling EA 2 430.00$ $860.00 500.00$ $1,000.00 520.00$ $1,040.00 61 1-1/2" x 5' Stainless Steel Line Shaft with Stainless Steel Sleeve EA 1 200.00$ $200.00 300.00$ $300.00 255.00$ $255.00 62 1-1/2" Stainless Steel Line Shaft Coupling EA 1 40.00$ $40.00 40.00$ $40.00 50.00$ $50.00 63 Bronze Bearing Retainer with Coupling EA 1 130.00$ $130.00 150.00$ $150.00 200.00$ $200.00 64 Furnish and Install Rubber Bearing in Existing Retainer EA 5 30.00$ $150.00 30.00$ $150.00 45.00$ $225.00 65 Remove Existing Sleeve and Install New Stainless Steel Shaft Sleeve on Existing Line Shaft EA 1 70.00$ $70.00 80.00$ $80.00 75.00$ $75.00 66 Furnish and Install new Dishcharge Head Bearing LS 1 300.00$ $300.00 250.00$ $250.00 300.00$ $300.00 67 Stainless Steel Head Shaft LS 1 500.00$ $500.00 750.00$ $750.00 590.00$ $590.00 68 Furnish and Install Complete Set of Bowl Bearings LS 1 200.00$ $200.00 850.00$ $850.00 800.00$ $800.00 69 Stainless Steel Bowl Shaft LS 1 400.00$ $400.00 650.00$ $650.00 740.00$ $740.00 70 Machine Bowl and Furnish and Install Bronze Impeller Ring in Each Stage EA 3 500.00$ $1,500.00 550.00$ $1,650.00 451.00$ $1,353.00 71 Reassemble Bowl LS 1 250.00$ $250.00 700.00$ $700.00 200.00$ $200.00 72 Paint Exterior of Column and Bowl LS 1 600.00$ $600.00 1,250.00$ $1,250.00 500.00$ $500.00 Part 4 - Low Zone Pump Repair LZP1 $11,400.00 $15,720.00 $10,628.00 2018-167 Bid Tab BT-5 BID TABULATION Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Bidder No. 2 E. H. Renner & Sons, Inc. Bidder No. 1 Bergerson Caswell, Inc.Keys Well Drilling Company Bidder No. 2 Part 5 - Allowance 73 Allowance for Motor and Miscellaneous Repairs LS 1 11,000.00$ $11,000.00 11,000.00$ $11,000.00 11,000.00$ $11,000.00 Total Part 5 - Allowance $11,000.00 $11,000.00 $11,000.00 Base Bid 74 Total Part 1 - Well 1 Pump Repairs $19,945.00 $27,790.00 $33,200.00 75 Total Part 2 - Well 2 Pump Repairs $27,725.00 $33,320.00 $27,846.00 76 Total Part 3 - Well 18 Pump Repairs $28,815.00 $39,965.00 $29,798.00 77 Total Part 4 - Low Zone Pump 1 Repairs $11,400.00 $15,720.00 $10,628.00 78 Total Part 5 - Allowance $11,000.00 $11,000.00 $11,000.00 Total Base Bid $98,885.00 $127,795.00 $112,472.00 Contractor E. H. Renner & Sons, Inc. Address 1156 Homer Street Address Phone Representative Jeffrey W. Keys Timothy Berquam Title Bid Bond Addenda 1 Yes Yes Yes Bergerson Caswell, Inc. 5115 Industrial Street Katie Renner 15688 Jarvis Street Elk River, MN 55330 763-427-0533 / 763-427-6100651-641-0216 / 651-646-7871 763-479-2183 / 763-479-3121 St. Paul, MN 55116-3232 Maple Plain, MN 55359 Keys Well Drilling Company 2018-167 Bid Tab BT-6 I T E M: 4.V. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Consent A genda Description: A pprove Agreement with Mac Queen Equipment, L L C, d/b/a MacQueen E mergency Group, for A pple Valley Rescue 2 S taff Contact: Charles Russell, A cting F ire Chief Department / Division: Fire Department AC T I O N RE Q UE S T E D: Approve entering into an agreement with MacQueen Equipment, LLC, d/b/a MacQueen Emergency Group for the purchase of the Apple Valley Rescue 2, in the amount of $268,427.00. S UM M ARY: T he Fire Department is in the process of replacing a 2006 Ford Brush Truck that it uses as a duty crew response vehicle. We would like to enter into an agreement with MacQueen Equipment, LLC, d/b/a MacQueen Emergency Group, to build a replacement. We would utilize the HG A C (Houston-Galveston Area Council) contract to streamline the process and obtain a competitive price. It is the Fire D epartment's recommendation that C ity Council approve entering into this agreement with MacQueen Equipment, LLC, d/b/a MacQueen Emergency Group. B AC K G RO UND: T he fire department is proposing to build a new type of vehicle for use by our duty crew. T his vehicle is designed to carry the equipment the duty crew uses on a typical day, as well as having the ability to extinguish small fires with an ultra-high pressure pumping system and 150 gallons of water. Detailed specifications were developed by the department's truck committee. We met many times to choose the right size chassis and cab to carry the right amount of equipment. Staff worked with MacQueen and the C ity Attorney to finalize the agreement. A formal bidding process is not required due to our use of the HG A C cooperative purchasing group which allows us to receive a very competitive price. Approval of this request will continue our efforts to provide and maintain an effective and reliable fire apparatus fleet. Such a fleet not only benefits our firefighters, but ultimately the community they serve. B UD G E T I M PAC T: Funding for fire apparatus purchases is provided through use of the City's internal Vehicle and Equipment Replacement Fund (VERF). T here is no impact to the C ity's Fire Department 2018 general fund operating budget. AT TAC HM E NT S : Exhibit Agreement 1 PURCHASE AGREEMENT – SINGLE UNIT HGAC This Purchase Agreement (together with all attachments referenced herein, the “Agreement”), made and entered into by and between MacQueen Equipment, LLC, a Minnesota limited liability company DBA MacQueen Emergency Group (“MacQueen”), and The City of Apple Valley, a Minnesota municipal corporation, (“Customer”) is effective as of the date specified in Section 3 hereof. 1. Definitions a. “Product” means the fire apparatus and any associated equipment identified on Exhibit A, attached hereto and incorporated by reference, furnished to the Customer by MacQueen, pursuant to the Specifications. b. “Specifications” means the general specifications, technical specifications, orientation, and testing requirements set forth in Exhibit A-1, attached hereto and incorporated by reference, for the Product contained in the MacQueen Proposal for the Product prepared in response to the Customer’s request for proposal. c. “MacQueen Proposal” means the proposal provided by MacQueen attached as Exhibit C prepared in response to the Customer’s request for proposal. d. “Delivery” means the date that MacQueen tenders the Product to the Customer, which shall be no later than twelve (12) months from the Effective Date of this Agreem ent. 2. Purpose This Agreement sets forth the terms and conditions of MacQueen’s sale of the Product to the Customer . 3. Term of Agreement This Agreement will become effective on the date it is signed and approved by MacQueen’s and the Customer’s authorized representatives pursuant to Section 20 hereof (“Effective Date”) and, unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon the Customer’s Acceptance and payment in full of the Purchase Price. 4. Purchase and Payment The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of $275,593 (“Purchase Price”). Prices are in US Funds. 5. Agreement Changes The Customer may request that MacQueen incorporate a change to the Products or the Specifications for the Products by delivering a change order to MacQueen; provided, however, that any such change order must be in writing and include a description of the proposed change sufficient to permit MacQueen to evaluate the feasibility of such change (“Change Order”). Within seven (7) business days of receipt of a Change Order, MacQueen will inform the Customer in writing of the feasibility of the Change Order, the earliest possible implementation date for the Change Order, of any increase or decrease in the Purchase Price resulting from such Change Order, and of any effect on production scheduling or Delivery resulting from such Change Order. MacQueen shall not be l iable to the Customer for any delay in performance or Delivery arising from any such Change Order. A Change Order is only effective when counter-signed by MacQueen’s authorized representative. 2 6. Cancellation/Termination In the event this Agreement is cancelled or terminated by Customer before completion and Delivery of the Product, MacQueen may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10% of the Purchase Price after order is accepted and entered by MacQueen; (b) 20% of the Purchase Price after completion of approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. If the Agreement is terminated by Customer before completion, MacQueen shall mitigate any such costs through the sale of such Product to another purchaser; however, Customer shall remain liable for the difference between the Purchase Price and, if applicable, the sale price obtained by MacQueen upon s ale of the Product to another purchaser, plus any reasonable costs incurred by MacQueen to conduct any such sale. 7. Delivery, Inspection, and Acceptance a. Delivery MacQueen shall deliver the Product shall be within Twelve (12) months of the Effective Date of this Agreement. MacQueen assumes all risks of loss until Delivery. Risk of loss shall pass to Customer only upon Delivery of the Product to the Customer. Title shall pass to Customer upon Customer’s complete fulfillment of its obligations arising under Section 4 hereof. b. Inspection and Acceptance Upon Delivery, Customer shall have fifteen (15) days within which to inspect the Product for substantial conformance to the material Specifications, and in the event of substantial non-conformance to the material Specifications to furnish MacQueen with written notice sufficient to permit MacQueen to evaluate such non- conformance (“Notice of Defect”). Any Product not in substantial conformance to the Specifications shall be remedied by MacQueen to the Customer’s satisfaction within thirty (30) days from the Notice of Defect. In the event MacQueen does not receive a Notice of Defect within fifteen (15) days of Delivery, Product will be deemed to be in conformance with Specifications and accepted by Customer. 8. Notice Any required or permitted notices hereunder must be given in writing at the address of each party set forth below, or to such other address as either party may substitute by written notice to the other in the manner contemplated herein, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or nationally-recognized private express courier: MacQueen Equipment, Inc. 1125 7th Street East St. Paul, MN 55106 Customer City of Apple Valley 7100 147th Street W Apple Valley, MN 55124 3 9. Standard Warranty The Product will be manufactured by Pierce Manufacturing, Inc. (“Pierce”) and any warranties are attached hereto as Exhibit B and made a part hereof. Any additional warranties must be expressly approved in writing by Pierce’s authorized representative and MacQueen. a. Disclaimer Other than as expressly set forth in this agreement, neither Pierce, its Parent Company, Affiliates, Subsidiaries, Licensors, suppliers, distributors, dealers, including without limitation, MacQueen Equipment, Inc, or other respective officers, directors, employees, shareholders, agents or representatives, make any express or implied warranties with respect to the products provided hereunder or otherwise re garding this agreement, whether oral or written, express, implied or statutory. Without limiting the foregoing, any implied warranty against infringement isexpressly excluded and disclaimed. Statements made by sales representatives or in promotional materials do not constitute warranties. 10. Insurance MacQueen maintains the following limits of insurance with a carrier(s) rated A- or better by A.M. Best: Commercial General Liability Insurance: Products/Completed Operations Aggregate: $ 2,000,000 Each Occurrence: $ 2,000,000 Umbrella/Excess Liability Insurance: Aggregate: $ 5,000,000 Each Occurrence: $ 5,000,000 The Customer may request MacQueen to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above. 11. Indemnity a. The Customer shall indemnify and hold harmless MacQueen from any and all actual claims, costs, judgments, liability, loss, damage, attorneys’ fees or expenses of any kind or nature whatsoever to all property and persons caused by, resulting from, arising out of or occurring in connection with the Customer's willful misconduct in the performance of this Agreement. Notwithstanding the foregoing, Customer’s entire aggregate liability shall not exceed the actual amount received by MacQueen under this Agreement. b. MacQueen shall indemnify, defend and hold the City and its officers, agents and employees harmless from and against all claims, damages, losses or expenses, including attorneys’ fees, which may be suffered or for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this Agreement by the Contractor, its employees, agents or subcontractors . MacQueen shall comply with all applicable laws and regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss. The parties agree that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties’ acts 4 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 individ ual parties. This Section 11 shall survive termination or expiration of this Agreement. 12. Force Majeure MacQueen shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond MacQueen’s control which make MacQueen’s performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, acts of God or the public enemy or terrorism. 13. Default The occurrence of one or more of the following shall constitute a default under this Agreement: (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement; (b) MacQueen fails to perform any of its obligations under this Agreement; (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect; (e) the Customer dissolves, merges, consolidates or transfers a substantial portion of its property to another entity; or (f) the Customer is in default or has breached any other contract or a greement with MacQueen. 14. Data Practices Act. a. All data created, collected, received, maintained, or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. MacQueen must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the Customer pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the MacQueen pursuant to this Agreement. MacQueen is subject to all the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event MacQueen receives a request to release data, MacQueen must immediately notify the Customer. The Customer will give MacQueen instructions concerning the release of the data to the requesting party before the data is released. MacQueen agrees to defend, indemnify, and hold Customer, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from MacQueen's officers', agents', cities', partners', employees', volunteers', assignees' or sub MacQueens' unlawful disclosure and/or use of protected data. The terms of this paragraph sh all survive the cancellation or termination of this Agreement. b. All books, records, documents, and accounting procedures and practices of MacQueen relative this this Agreement are subject to examination by the Customer. 15. Relationship of Parties Neither party is a partner, employee, agent, or joint venture of or with the other. 16. Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval of the other party. 17. Governing Law; Jurisdiction Without regard to any conflict of law’s provisions, this Agreement is to be governed by and under the laws of the 5 state of Minnesota. 18. Facsimile Signatures The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures. 19. Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product. Additional or different terms proposed by the Customer shall not be applicable, unless accepted in writing by MacQueen’s authorized representative. No change in, modification of, or revision of this Agreement shall be valid unless in writing and signed by MacQueen’s authorized representative. 20. Conflict In the event of a conflict between the Customer Specifications and t he MacQueen Proposal, the MacQueen Proposal shall control. In the event there is a conflict between the MacQueen Proposal and this Agreement, the MacQueen Proposal shall control. 21. Signatures This Agreement is not effective unless and until it is approved, signed and dated by MacQueen’s and the Customer’s authorized representatives. Accepted and Agreed to: MACQUEEN EQUIPMENT, LLC Signature: ____________________________________ Name: _______________________________________ Title: _______________________________________ Date: _______________________________________ THE CITY OF APPLE VALLEY By: __________________________________________ Mary Hamann-Roland Its: Mayor By: __________________________________________ Pamela Gackstetter Its: City Clerk Date: _______________________________________ 6 EXHIBIT A – PURCHASE DETAIL FORM MacQueen Equipment, Inc. 1125 7th Street East St. Paul, MN 55106 Customer Name The City Of Apple Valley Date _____________________ Quantity Chassis Type Body Type Price per Unit 1 Frieghtliner M-2 106 Pierce Encore Rescue $ 275,593 $ $ $ $ Trade In/Applicable Discounts: 75 Percent Prepayment Discount: $7,166 Warranty Period: As Listed in Exhibit B Orientation Requirements: 4 Hours Of Orientation will be provided by MacQueen Emergency Group. This contract is available for municipal corporations and others to utilize with th e option of adding or deleting any available options, including chassis models. Any addition or deletion may affect the unit price. Payment Terms 75 Percent of the Apparatus to be payed within 15 days of a signed contract with the remaining balance due upon delivery. [NOTE: If deferred payment arrangements are required, the Customer must make such financial arrangements through a financial institution acceptable to MacQueen.] All taxes, excises and levies that MacQueen may be required to pay or collect by reason of any present or future law or by any governmental authority based upon the sale, purchase, delivery, storage, processing, use, consumption, or transportation of the Product sold by MacQueen to the Customer shall be for the account of the Customer and shall be added to the Purchase Price. All delivery prices or prices with freight allowance are based upon prevailing freight rates and, in the event of any increase or decrease in such rates, the prices on all unshipped Product will be increased or decreased accordingly. Delinquent payments shall be subject to a carrying charge of 1.5 percent (1.5%) per month or such lesser amount permitted by law. MacQueen will not be required to accept payment other than as set forth in this Agreement. Ho wever, to avoid a late charge assessment in the event of a dispute caused by a substantial nonconformance with material Specifications (other than freight), the Customer may withhold up to five percent (5%) of the Purchase Price until such time that MacQueen substantially remedies the nonconformance with material Specifications, but no longer than sixty (60) days after Delivery. If the disputed amount is the freight charg e, the Customer may withhold only the amount of the freight charge until the dispute i s settled, but no longer than sixty (60) days after Delivery. MacQueen shall have and retain a purchase money security interest in all goods and products now or 7 hereafter sold to the Customer by MacQueen or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products. In the event of nonpayment by the Customer of any debt, obligation or liability now or hereafter incurred or owing by the Customer to MacQueen, MacQueen shall have and may exercise all rights and remedies of a secured party under Article 9 of the Uniform Commercial Code (UCC) as adopted by the state of Minnesota. This Purchase Detail Form is expressly subject to the purchase agreement terms and conditions set forth in that certain proposal, dated as of October 3th, 2018, between MacQueen and The City Of Apple Valley, attached hereto as Exhibit C, which terms and conditions are hereby incorporated in, and made part of, this purchase detail form as though each provision were separately set forth herein, except to the extent otherwise stated or supplemented by MacQueen herein. 8 EXHIBIT B – WARRANTY LIMITED WARRANTY Limited Warranty Terms and Disclaimer Pierce warrants that all new and unused goods furnished by Pierce are free from defect in workmanship and material as of the time and place of delivery by Pierce in accordance with its Standard Limited Warranty in effect at the date of contract formation and stated below. Pierce’s obligation under this Limited Warranty is subject to the following qualifications: a) Pierce or its authorized Dealer shall have been notified of such claimed defect within thirty (30) days of its discovery or such later date as is specified in the Standard Limited Warranty; b) the vehicle shall have been subject only to proper use normal for similar vehicles; and c) it shall have been regularly maintained and serviced in accordance with the Manufacturer’s Service Manual. No defective part may be returned to the factory without Pierce’s prior written consent, or that of our authorized representative. Any return must be with transportation prepaid, which may be refunded at the discretion of Pierce. The Standard Limited Warranty for the goods is incorporated herein by reference. It is the exclusive warranty given by Pierce. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, notwithstanding any knowledge of Pierce regarding the use or uses intended to be made of goods, proposed changes or additions to goods, or any ass istance or suggestions that may have been made by Pierce personnel. STANDARD LIMITED WARRANTY Base Warranties  One (1) year basic limited warranty – all  One (1) year standard Pierce Fire and Rescue Service Center limited warranty – chassis, cab, apparatus body  One (1) year standard Pierce Fire and Rescue Service Center limited warranty – paint  Ninety (90) day standard Pierce Fire and Rescue Service Center limited warranty – parts serviced or repaired  Six (6) month basic parts limited warranty Chassis and Cab Warranties  Three (3) year chassis limited warranty – Velocity and Impel  Ten (10) year standard cab structural integrity limited warranty – all  Ten (10) year standard structural integrity limited warranty – Encore rescue vehicle frame modification commercial chassis (FLR & IHC)  Fifty (50) year standard chassis frame rail lifetime structural integrity limited warranty – all custom except Velocity and Impel  Fifty (50) year chassis frame rail & Crossmember lifetime structural integrity limited warr anty - Velocity and Impel chassis Body Structural Integrity Warranties  Two (2) year structural integrity apparatus body – Mini Pumper  Five (5) year structural integrity - tanker pumper body  Ten (10) year standard body structural integrity limited warranty - all aerial, pumpers, tankers, elliptical, dryside  Ten (10) year structural integrity - Contender rescue apparatus body  Ten (10) year structural integrity - Encore rescue apparatus body  Fifteen (15) year structural integrity limited warranty - body/heavy duty rescue 9 Aerial Structural Integrity Warranties  Ten (10) year standard structural integrity limited warranty - Sky-Arm aerial device  Twenty (20) year standard structural integrity limited warranty - Aerial Platforms, Aerial Ladders, and Sky-Boom Paint and Graphics Warranties  One (1) year graphics fading and deterioration (vinyl, painted, reflective, gold)  Three (3) year standard Goldstar/Gold Leaf lamination limited warranty  Four (4) year paint and corrosion on all aerial device - no refurb  Ten (10) year standard prorated paint/corrosion warranty - trucks shipped after Jan 1, 2004  Twelve (12) year fire and rescue stainless steel body paint and corrosion limited warranty Component Warranties  Two (2) year standard fold down step limited warranty - Quantum, Velocity/Impel electric step  Three (3) year tak4 front suspension limited warranty  Three (3) year material and workmanship aerial hydraulic system seals; five (5) year material and workmanship aerial hydraulic system components  Fifty-four (54) month material and workmanship camera system  Five (5) year material and workmanship Command Zone electronics  Five (5) year material and workmanship foam system control head  Six (6) year PUC pump limited warranty  Ten (10) year standard stainless-steel plumbing - piping and weldments less than 3  Ten (10) year standard steel water tank structural integrity and corrosion limited warranty - water tank  Ten (10) year material and workmanship pierce 12V led strip light 10 EXHIBIT C - PROPOSAL October 3, 2018 RE: Proposal for The City Of Apple Valley MacQueen Equipment, LLC DBA MacQueen Emergency Group, (“MacQueen”), the licensed and authorized dealer for Pierce Manufacturing Inc. (“Pierce”) in the States of Minnesota, North Dakota, South Dak ota, Nebraska and Missouri, is pleased to provide the following proposal for The City of Apple Valley. This proposal is based on the accompanying proposal specifications, which are tailored to meet your needs. The proposal pricing is based on current HGAC (Houston Galveston Area Council) FS12-17 contract pricing and includes the fees associated with an HGAC purchase. HGAC Price Breakdown: 2019 Pierce/Freightliner Encore Non-Walk in Rescue (the “Apparatus”) Discounts (HGAC/ 75% Prepayment Discount) Unit Total After Discounts $ 275,593 $ 7,166 $ 268,427 The proposal pricing includes the delivery cost of the Apparatus from Clearwater Florida to ______________. Included in this price are travel expenses for three (3) of your personnel to travel to our factory in Appleton, WI for a pre-construction meeting as well as travel for three (3) to our factory in Florida for final inspection of the Apparatus. Delivery time for the Apparatus will be within Twelve (12) months from the date of order which will be the date a Purchase Agreement is executed between Customer and MacQueen.. This proposal is valid until 11/5/2018. Tax is excluded in this proposal. In the event the purchasing organization is not exempt from sales taxes or any other applicable taxes and/or the Apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. 75 percent of the Purchase Price of the Apparatus is due within 15 days of the signed Purchase Agreement. With the balance of the purchase price due is upon delivery. Payment must be remitted to MacQueen. Any changes to the original specification will be invoiced or credited as a separate transaction from the original proposal. A late fee of .033% of the Purchase Price will be charged per day for overdue payments beginning ten (10) days after the payment is due for the first thirty (30) days. The late fee then increases to .044% per day until the payment is received. In the event of a prepayment received after the due date above, the discount will be reduced by same percentages above increasing the cost of the apparatus. 11 In the event this proposal is accepted and a purchase order is issued then cancelled or terminated by the city of Apple Valley before completion, MacQueen may charge a cancellation fee. The following charge schedule based on co sts incurred may be applied: a. 10% of the Purchase Price after order is accepted and entered by Pierce; b. 20% of the Purchase Price after completion of the approval drawings; c. 30% of the Purchase Price upon any material requisition. The cancellation fee may increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. MacQueen endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by MacQueen upon sale of the product to another purchaser, plus any costs incurred by MacQueen to conduct such sale. In an effort to ensure the above stated terms and conditions are understood and adhered to, MacQueen requires an authorized individual from the purchasing organization to sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by the City of Apple Valley. The terms and acceptance of this proposal will be governed by the laws of the State of Minnesota. Venue of any claim regarding this proposal will lie in the county Customer is located. No additional terms or conditions will be binding upon MacQueen unless agreed to in writing and signed by a duly authorized officer of MacQueen. Sincerely, MACQUEEN EQUIPMENT, LLC D/B/AMACQUEEN EMERGENCY GROUP By __________________________________ The authorized representatives of The City of Apple Valley, agree to purchase the 2019 Pierce Freightliner Encore Rescue and agree to the terms of this proposal. THE CITY OF APPLE VALLEY By: __________________________________________ Mary Hamann-Roland Its: Mayor By: __________________________________________ Pamela Gackstetter Its: City Clerk Date: _______________________________________ I T E M: 4.W. C O UNC I L ME E T I NG D AT E :November 29, 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 November 29, 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) Scott Anderson Hire Ice Resurfacer Casual, Variable 5205 $ 13.40 Hourly C-06 11/30/2018 Collin Beane Rehire Facility Attendant Casual, Seasonal 1800 $ 10.00 Hourly L-1 12/14/2018 Brent Bissell Hire Sales Clerk Casual, Variable 5090 $ 12.00 Hourly L-1 12/1/2018 Jacob Harris Hire Sales Clerk Casual, Variable 5020 $ 12.00 Hourly L-1 12/1/2018 Hannah Marks Rehire Facility Attendant Casual, Seasonal 1800 $ 10.25 Hourly C-01 12/14/2018 Andrew Moore Hire Sales Clerk Casual, Variable 5090 $ 12.00 Hourly L-1 12/1/2018 Sally Nelson Rehire Facility Attendant Casual, Seasonal 1800 $ 10.75 Hourly C-01 12/14/2018 Jodie Scheidt Hire Civil Engineer Full-Time, Regular 1510 $ 85,000.00 Annual 190E 12/3/2018 Julia Tio Hire Facility Attendant Casual, Seasonal 1800 $ 10.00 Hourly C-01 12/14/2018 Virginia Walker Hire Facility Attendant Casual, Variable 1900 $ 10.00 Hourly C-01 11/30/2018 The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 I T E M: 4.X. C O UNC I L ME E T I NG D AT E :November 29, 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 October 31, 2018, November 8, 2018, and November 14, 2018, in the amounts of $414,734.47, $831,978.70, and $565,161.56 respectively. AT TAC HM E NT S : Claims and Bills Claims and Bills Claims and Bills I T E M: 5.A. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Regular A genda Description: Renewal of On-Sale L iquor and W ine L icenses for 2019 S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: 1. Hold public hearing on all On-Sale licenses (including 3.2 Percent Malt Liquor). 2. Adopt resolutions renewing On-Sale Intoxicating Liquor, On-Sale Club Intoxicating Liquor, On-Sale C oncessionaire Intoxicating Liquor, Special License for Sunday Liquor Sales, and On-Sale Wine licenses for 2019. S UM M ARY: Section 111.24(B)(2) of the City C ode requires the C ity Council hold a public hearing on all On-Sale liquor renewal applications. O n-Sale licenses include On-Sale Intoxicating Liquor, On-Sale C lub Intoxicating Liquor, On-Sale Concessionaire Intoxicating Liquor, Special Licenses for Sunday Liquor Sales, On-Sale Wine, and On-Sale 3.2 Percent Malt Liquor. A list of the licensees that have submitted renewal applications for 2018 is attached. T he Council will hold a public hearing to consider the renewal applications for the licensees on this list at its meeting on November 29, 2018. Subject to any comments that might be received during the hearing, the C ouncil may conditionally authorize renewal of the On-Sale Intoxicating Liquor licenses, Special Licenses for Sunday Liquor Sales, and On-Sale Wine licenses. T he C ity C ode requires final payment of license fees and insurance documents to be submitted by D ecember 15. T he actual licenses will not be issued until all of the documents are received and fees are paid. Resolutions will be prepared for each of the On-Sale Intoxicating Liquor and Wine licenses documenting the conditions of approval (sample forms are attached). No action regarding On-Sale 3.2 Percent Malt Liquor will be requested on November 29, 2018. Authorization to renew both On-Sale and O ff-Sale 3.2 Percent Malt Liquor licenses will be requested at the December 13, 2018, C ity Council meeting. B AC K G RO UND: T he Police and Fire Departments have reviewed the list of licensees and find nothing that would preclude the licenses from being renewed. T he Finance Department checked the Dakota C ounty records system and confirms all property taxes are current on properties owned by the licensees. None of the licensees are on the delinquent taxpayers list provided by the Minnesota Department of Revenue as posted on the A lcohol and Gambling Enforcement Division’s website. In addition, requests have been made to the Minnesota Department of Health and the Minnesota Department of Agriculture to confirm the licensees are in compliance and in good standing. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Background Material Resolution Resolution Resolution Resolution CITY OF APPLE VALLEY 2019 ON-SALE LIQUOR, WINE, AND 3.2 % MALT LIQUOR LICENSE RENEWALS On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Apple Minnesota, LLC, d/b/a Applebee’s Neighborhood Grill & Bar, 14678 Cedar Avenue 2. Apple Valley Grill, LLC, d/b/a Wild Bill’s Sports Saloon, 15020 Glazier Avenue 3. Blazin Wings, Inc., d/b/a Buffalo Wild Wings, 14658 Cedar Avenue, Suite D 4. CCH, LLC, d/b/a Celts Craft House, 7083 153rd Street W., Suite 1 5. DDJ Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House, 15668 Pilot Knob Road 6. El Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant, 6670 150th Street W., Suite 106 7. LoKo Bowling, Inc., d/b/a Bogart’s Entertainment Center, 14917 Garrett Avenue 8. LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar & Grill, 7721 147th Street W. 9. MJA Restaurants Apple Valley, LLC, d/b/a PR's Sports Bar, 14889 Florence Trail 10 M, S & R, III, LLC, d/b/a Masu Sushi and Noodle, 14638 Cedar Avenue, Suite C 11. Osaka AV, Inc., d/b/a Osaka Seafood Steakhouse, 7537 148th Street W., Suite A 12. PBAV-Sanders, LLC, d/b/a Panino Brothers, 15322 Galaxie Avenue, Suite 108 13. Pear One, Inc., d/b/a The Pear at Valleywood, 4851 McAndrews Road 14. Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers & Brews, 15560 Cedar Avenue 15. Vivo Restaurants, LLC, d/b/a Vivo, 15435 Founders Lane 16. Wadsworth Old Chicago, Inc., d/b/a Old Chicago, 14998 Glazier Avenue Club On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Apple Valley American Legion, Post 1776, 14521 Granada Drive Concessionaire On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Lancer Food Service, Inc., d/b/a Lancer Food Service, 13000 Zoo Boulevard On-Sale Wine: 1. Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7638 150th Street W. 2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7593 147th Street W. 3. Darbar India Grill Apple Valley, Inc., d/b/a Darbar India Grill, 14871 Granada Avenue 4. Ooka Bistro, Inc., d/b/a Ooka, 6520 150th Street W., Suite 400 5. Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317, 7394 153rd Street W., Suite 100 On-Sale 3.2 Percent Malt Liquor: 1. Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7638 150th Street W. 2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7593 147th Street W. 3. Darbar India Grill Apple Valley, Inc., d/b/a Darbar India Grill, 14871 Granada Avenue 4. Ooka Bistro, Inc., d/b/a Ooka, 6520 150th Street W., Suite 400 5. Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317, 7394 153rd Street W., Suite 100 6. Super World, Inc., d/b/a Super World Buffet, 15050 Cedar Avenue, Suite 111 SAMPLE LIQUOR CITY OF APPLE VALLEY RESOLUTION NO. 2018-____ A RESOLUTION RENEWING LIQUOR LICENSE FOR WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 29, 2018, with respect to renewal of the liquor licenses for the year 2019 for ____________________ d/b/a ________________ at __________________; and WHEREAS, the City Council has reviewed the renewal application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve a license for “On-Sale Intoxicating Liquor” and for “Special License for Sunday Liquor Sales” to d/b/a , for the premises at ________________, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. The effective date of this license shall be January 1, 2019. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o’clock p.m., December 31, 2019. A renewal application must be received on or before October 1, 2019, pursuant to City Code Section 111.23(B). ADOPTED this 29th day of November, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION RENEWING LIQUOR LICENSE FOR AMERICAN LEGION, POST 1776 WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 29, 2018, with respect to renewal of the liquor license for the year 2019 for Apple Valley American Legion, Post 1776, 14521 Granada Avenue; and WHEREAS, the City Council has reviewed the renewal application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve a license for "On-Sale Club Intoxicating Liquor" and for "Special License for Sunday Liquor Sales" to Apple Valley American Legion, Post 1776, for the premises at 14521 Granada Avenue, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. Approval of the On-Sale Club Intoxicating Liquor License by the Minnesota Commissioner of Public Safety. D. The effective date of this license shall be January 1, 2019. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o'clock p.m. December 31, 2019. A renewal application must be received on or before October 1, 2019, pursuant to City Code Section 111.23(B). ADOPTED this 29th day of November, 2018. ________________________________ Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION RENEWING LIQUOR LICENSE FOR LANCER FOOD SERVICE WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 29, 2018, with respect to renewal of the liquor license for the year 2019 for Lancer Food Service, Inc., d/b/a Lancer Food Service, 13000 Zoo Boulevard; and WHEREAS, the City Council has reviewed the application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve issuance of a "Concessionaire On-Sale Intoxicating Liquor License" to Lancer Food Service, Inc., d/b/a Lancer Food Service, for premises at 13000 Zoo Boulevard, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. The effective date of this license shall be January 1, 2019. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o'clock p.m. December 31, 2019. A renewal application must be received on or before October 1, 2019, pursuant to City Code Section 111.23(B). ADOPTED this 29th day of November, 2018. Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk SAMPLE WINE CITY OF APPLE VALLEY RESOLUTION NO. 2018-____ A RESOLUTION RENEWING WINE LICENSE FOR WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 29, 2018, with respect to renewal of the wine license for the year 2019 for _________________ d/b/a __________________ at __________________; and WHEREAS, the City Council has reviewed the renewal application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve a license for “On-Sale Wine” to d/b/a ________________, for the premises at ________________, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. Approval of the On-Sale Wine license by the Minnesota Commissioner of Public Safety. D. The effective date of this license shall be January 1, 2019. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o’clock p.m., December 31, 2019. A renewal application must be received on or before October 1, 2019, pursuant to City Code Section 111.23(B). ADOPTED this 29th day of November, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 5.B. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Regular A genda Description: Hold Public Hearing on P urchase and P olicy of Police Department Body-Worn Camera S ystem S taff Contact: Captain Nick Francis Department / Division: P olice Department AC T I O N RE Q UE S T E D: Hold a public hearing to accept public comment on the purchase and policy of the Police Department's proposed body-worn camera system. S UM M ARY: T he Police Department is moving forward with a body camera system. Minnesota State Statute 626.8473 requires law enforcement agencies to: - Provide an opportunity for public comment prior to purchase or implementation of a body worn camera system. - Provide an opportunity for public comment prior to adoption of a written policy. T he N ovember 29, 2019 public hearing is the final step in satisfying the requirements outlined in state law. B AC K G RO UND: T he Police Department's current in-car video system has been in service since 2016. T hat system was selected to allow for the integration of body camera technology. After much research and planning, the department would like to move forward with a body camera program. State law is now very clear on what data captured on body cameras is public and what is private. T his has provided the police department with clear direction in drafting our proposed policy. State law also requires that local agencies seek input from the public on the purchase and policy related to body cameras. T he draft policy has been published properly for comment on the city's website. C omments were accepted electronically, by mail, and will be by attendance at the public hearing. B UD G E T I M PAC T: T he funds for this project are available in the D UI forfeiture fund. T he estimated purchase cost is approximately $56,000. T he maintenance agreement cost is budgeted as an operational expense at approximately $7,000 per year. AT TAC HM E NT S : Policy Presentation 1 Apple Valley Police Department Body Worn Recording System Section 3-06 Issued: Date of Deployment Last Review: Date of Deployment INDEX 3.06.1 Definitions 3.06.2 Use and Documentation 3.06.3 General Guidelines for Recording 13.06.4 Special Guidelines for Recording 13.06.5 Downloading and Labeling Data 13.06.6 Access to ICV Data 13.06.7 Agency Use of Data 13.06.8 Data Retention POLICY The Apple Valley Police Department recognizes the value of body worn recording as an effective law enforcement tool. Our policy is to use and maintain a body worn recording system to enhance efforts to record evidence and officer interactions. PURPOSE This policy establishes the framework for proper use of body worn recording system technology. PROCEDURES 3.06.1 Definitions The following phrases have special meanings as used in this policy: A. MGDPA or Data Practices Act refers to the Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et seq. B. Records Retention Schedule refers to the General Records Retention Schedule for Minnesota Cities. C. Law enforcement-related information means information captured or available for capture by use of a body worn recording system that has evidentiary value because it documents events with respect to a stop, arrest, search, citation, or charging decision. D. Evidentiary value means that the information may be useful as proof in a criminal prosecution, related civil or administrative proceeding, further investigation of an actual or suspected criminal act, or in considering an allegation against a law enforcement agency or officer. 2 Apple Valley Police Department E. General citizen contact means an informal encounter with a citizen that is not and does not become law enforcement-related or adversarial, and a recording of the event would not yield information relevant to an ongoing investigation. Examples include, but are not limited to, assisting a motorist by providing directions or summoning a wrecker. F. Adversarial means a law enforcement encounter with a person that becomes confrontational, during which at least one person expresses anger, resentment, or hostility toward the other, or at least one person directs toward the other verbal conduct consisting of arguing, threatening, challenging, swearing, yelling, or shouting. Encounters in which a citizen demands to be recorded or initiates recording on his or her own are deemed adversarial. G. Unintentionally recorded footage is a video recording that results from an officer’s inadvertence or neglect in operating the officer’s body worn camera system, provided that no portion of the resulting recording has evidentiary or administrative value. Examples of unintentionally recorded footage include, but are not limited to, recordings made in station house locker rooms, restrooms, and recordings made while officers were engaged in conversations of a non-business, personal nature with the expectation that the conversation was not being recorded. H. Official duties, for purposes of this policy, means that the officer is on duty and performing authorized law enforcement services on behalf of this agency. 3.06.2 Use and Documentation A. Officers may use only department-issued body worn recording systems in the performance of official duties for this agency or when otherwise performing authorized law enforcement services as an employee of this department. B. Officers should operate body worn recording system equipment consistent with this policy. Officers should perform daily function checks of the body worn recording system, and should promptly report any malfunctions to the officer’s supervisor. C. Officers should wear their body worn recording system at a location on their body and in the manner specified in training. D. Officers must document body worn recording system nonuse as follows: 1. Whenever an officer fails to record an activity that is required to be recorded under this policy or captures only a part of the activity, the officer should document the circumstances and reasons for not recording in an incident report or CAD. Supervisors should review these reports and initiate any corrective action deemed necessary. 3 Apple Valley Police Department 3.06.3 General Guidelines for Recording A. The Department configures body worn recording components to record in unison with the In-Car Video System including upon activation of the vehicle’s emergency lights or siren, if the vehicle speed reaches 100mph, or when a crash sensor located in the vehicle triggers system activation. B. If not already activated, officers should activate their body worn recording system when anticipating that they will be involved in, become involved in, or witness other officers of this agency involved in a pursuit, stop of a motorist or pedestrian, search, seizure, arrest, use of force, or adversarial contact, and during other activities likely to yield information having evidentiary value. However, officers need not activate their cameras when it would be unsafe, impossible, or impractical to do so, but such instances of not recording when otherwise required must be documented as specified in the Use and Documentation guidelines above. C. Officers have discretion to record or not record general citizen contacts. D. Officers have no affirmative duty to inform people that a body worn recording system is being operated or that they are being recorded. E. Once activated, the body worn recording system should continue recording until the conclusion of the incident or encounter, or until it becomes apparent that additional recording is unlikely to capture information having evidentiary value. In these circumstances, officers should state the reasons for ceasing the recording on camera before deactivating their recording system. If circumstances change, officers should reactivate their body worn recording system as required by this policy to capture information having evidentiary value. Temporarily muting the officer’s microphone to have a private conversation with fellow officers about the incident at hand is allowable. F. Officers should not intentionally block the body worn recording system’s audio or visual recording functionality to defeat the purposes of this policy. G. Notwithstanding any other provision in this policy, officers should not use their body worn recording system to record other agency personnel during non-enforcement related activities, such as to make audio recordings during meal breaks or other private conversations, unless recording is authorized as part of an administrative or criminal investigation. H. Officers should activate their body worn camera system when dealing with individuals believed to be experiencing a mental health crisis or event in order to document any use of force and any other information having evidentiary value or value in determining the subject’s ability to care for his or her self. I. Officers shall not intentionally edit, alter, or erase any body worn recording. 4 Apple Valley Police Department 13.06.4 Special Guidelines for Recording Officers may, in the exercise of sound discretion, determine: A. To use their body worn recording system to record any police-citizen encounter if there is reason to believe the recording would potentially yield information having evidentiary value, unless such recording is otherwise expressly prohibited. B. When other digital recording methods are unavailable, to use their body worn recording system to take recorded statements from persons believed to be victims of and witnesses to crimes, and persons suspected of committing crimes, considering the needs of the investigation and the circumstances pertaining to the victim, witness, or suspect. C. Officers need not record persons being provided medical care unless there is reason to believe the recording would document information having evidentiary value 13.06.5 Downloading and Labeling Data A. Each officer using a body worn recording system is responsible for transferring or assuring the proper transfer of the data from his or her recording system to the server by the end of that officer’s shift. If the officer is involved in a traffic accident, shooting, in-custody death, or other law enforcement activity resulting in death or great bodily harm, a supervisor or investigator may take custody of the officer’s ICV system and assume responsibility for transferring the data from it. B. Body worn recording system data files should be labeled at the time of capture or prior to the transfer to storage. Personnel should consult with a supervisor if in doubt as to the appropriate labeling as many of the following labels are applicable to each file. In those cases, the most serious offense or charge should be considered: 1. Traffic Citation: The recording captures a traffic incident where a motorist, bicyclist, or pedestrian was or will be issued a petty misdemeanor or misdemeanor citation for a traffic related offense. 2. Evidence—criminal: The information has evidentiary value with respect to an actual or suspected criminal incident or charging decision. 3. Evidence—force: Whether or not enforcement action was taken or an arrest resulted, the event involved the application of force by a law enforcement officer of this or another agency. 4. Evidence—property: Whether or not enforcement action was taken or an arrest resulted, an officer seized property from an individual or directed an individual to dispossess property. 5. Evidence—other: The recording has potential evidentiary value for reasons identified by the officer at the time of labeling. 6. Training: The event was such that it may have value for training. These recordings should be transferred from the server to a hard drive or portable storage device for use in training. 7. Unintentionally recorded footage: See Definitions, part G. The events or subject matter that was accidentally recorded shall be documented on a form or in a manner specified by the department. 5 Apple Valley Police Department 8. Not evidence: The recording does not contain any of the foregoing categories of information and has no apparent evidentiary value. Recordings of general citizen contacts are not evidence. In addition, officers should flag each file as appropriate to indicate that it contains information about data subjects who may have rights under the MGDPA limiting public disclosure of information about them. These individuals include: 1. Victims and alleged victims of criminal sexual conduct. 2. Victims of child abuse or neglect. 3. Vulnerable adults who are victims of maltreatment 4. Undercover officers. 5. Informants. 6. When the video is clearly offensive to common sensitivities. 7. Victims of and witnesses to crimes, if the victim or witness has requested not to be identified publicly. 8. Individuals who called 911, and services subscribers whose lines were used to place a call to the 911 system. 9. Mandated reporters. 10. Juvenile witnesses, if the nature of the event or activity justifies protecting the identity of the witness. 11. Juveniles who are or may be delinquent or engaged in criminal acts. 12. Individuals who make complaints about violations with respect to the use of real property. 13. Officers and employees who are the subject of a complaint related to the events captured on video. 14. Other individuals whose identities the officer believes may be legally protected from public disclosure. C. Labeling and flagging designations may be corrected or amended based on additional information. 13.06.6 Access to Body Worn Recording System Data A. Access to body worn recording system data from city or personally owned and approved devices shall be managed in accordance with established city policy. B. Officers may access and view stored body worn recording system video only when there is a business need for doing so, including the need to defend against an allegation of misconduct or substandard performance. Unless otherwise directed, officers may review video footage of an incident in which they were involved prior to preparing a report, giving a statement, or providing testimony about the incident. C. Officers may display portions of body worn recording system footage to witnesses as necessary for purposes of investigation as allowed by Minn. Stat. § 13.82, subd. 15, as may be amended from time to time. Officers should limit these displays to protect against the incidental disclosure of individuals whose identities are not public 6 Apple Valley Police Department D. Agency personnel are prohibited from accessing body worn recording system data for non- business reasons and from sharing the data for non-law enforcement related purposes, including but not limited to uploading data recorded or maintained by this agency onto public and social media websites. E. Officers should refer members of the media or public seeking access to body worn recording system data to the city’s information disclosure form. Police Records staff will process the request in accordance with the MGDPA and other governing laws. Employees seeking access to body worn camera data for non-business reasons may make a request for it in the same manner as any member of the public. This provision shall not be construed, however, to permit any conduct that is unbecoming or otherwise prohibited. F. Body worn recording system data shall be made available to prosecutors, courts, and other criminal justice entities as provided by law. 13.06.7 Agency Use of Data A. As a matter of practice, supervisors or other assigned personnel should not access or review other officers’ videos absent a complaint or concern about a policy or rule violation or performance. B. Nothing in this policy limits or prohibits the use of body worn recording system data as evidence of misconduct or as a basis for discipline. C. Officers should contact their supervisors to discuss retaining and using body worn recording footage for training purposes. Officer objections to preserving or using certain footage for training will be considered on a case-by-case basis. Field training officers may utilize body worn recording system data with trainees for the purpose of providing coaching and feedback on the trainee’s performance. 13.06.8 Data Retention A. Evidentiary data should be retained for the period specified in the General Records Retention Schedule for Minnesota Cities. When a particular recording is subject to multiple retention periods, it shall be maintained for the longest applicable retention period B. Body worn recording system footage that is classified as non-evidentiary, or becomes classified as non-evidentiary, should be retained for a minimum of 90 days following the date of capture. If information comes to light indicating that non-evidentiary data has evidentiary value or value for training, it may be reclassified and retained for a longer period. C. The department should maintain an inventory of body worn recordings. FORMS 11/21/2018 1 Police Department Body Camera Project November 29, 2018 Panasonic Arbitrator Currently have the Panasonic Arbitrator system installed in all 22 marked squads We would like to move forward with integration of body cameras to this system 11/21/2018 2 Court Trends The presence of video has become an expected work product from departments in the courts eyes If there is no video, there is doubt The burden has shifted to law enforcement to have a quality video system in place to prove their case Body Cameras Our Panasonic Arbitrator system was selected in part because of it’s ability to integrate body camera technology Body Camera and In-Car video files will be merged together in the server to one file Common trigger technology allows for the automatic start of both systems 11/21/2018 3 Body Camera Start-up Cost $39,000 - Body cameras and related hardware/software $7,370 - Squad installation and wiring of pairing docks and common trigger boxes $8,000 - 2 redaction software licenses $825 - One-time server licensing and maintenance fee $55,195 * the purchase will be made by using already available forfeiture funds. Body Camera Annual Cost $1,600 - 2 redaction software license renewals $4,994 - Annual body camera software license (up to 25 cameras) $6,594 11/21/2018 4 Legislative Action MSS 626.8473 enacted and passed August 1, 2016 This law requires local law enforcement agencies to: Provide an opportunity for public comment prior to purchase or implementation of BWC system Provide an opportunity for public comment prior to adoption of written policy Project Status On November 15th, City Council passed a resolution setting the public hearing for tonight, November 29th, 2018 The draft policy has been posted on the City website since November 15th, 2018 11/21/2018 5 Requested Action Hold a public hearing to accept public comment on the purchase and policy of a proposed body-worn camera system. Questions? 11/21/2018 6 Legislative Action MSS13.825 enacted and passed effective August 1, 2016 The laws specifically address the data practice questions many departments were waiting for answers on. What data is public vs private How long data needs to be retained District Courts can review disputes Data Storage The initial purchase of the Arbitrator system included enough storage space to add body cameras The system is designed to purge non- evidentiary video after a short retention period We are confident we have ample storage for our needs 11/21/2018 7 Biennial Audit State law requires a biennial audit of records. Police staff will work with another agency (city attorney, different police department) or a private company to complete this audit The biennial audit results will be provided to the council for review I T E M: 5.C. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Regular A genda Description: Reliable Mini Warehouses of A pple Valley (Tabled from November 15, 2018) S taff Contact: A lex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department Applicant: Don Hawkins P roject Number: P C18-23-F B Applicant Date: 8/22/2018 60 Days: 10/21/2018 120 Days: 12/20/2018 AC T I O N RE Q UE S T E D: 1. Adopt resolution approving the final plat and development agreement. 2. Adopt resolution approving a site plan/building permit for a self-storage facility on Lot 1, Block 1, Reliable Mini Warehouses of Apple Valley. S UM M ARY: On November 15, 2018, the City C ouncil reviewed this item and sought additional information from staff to ensure the review process was consistent with the review of the Wasatch Storage Partners facility. A n additional letter was received from Wasatch detailing the questions raised at the Council meeting. Staff has created a comparative table between the two projects, Reliable and Wasatch, which demonstrates that a comparable review was completed on both projects. Additional materials from both projects are attached to the report including emergency vehicle auto turn diagrams, fire hydrant coverage, proof of parking diagram, and a photo-metric plan. While both projects are self-storage facilities, there are differences. T hese are noted in the table and affect the conditions on each project. Wasatch and Reliable are both required to submit a final builders set of plans to secure a building permit and proceed with construction. Wasatch is under construction and therefore has submitted all detailed plans sought and faults Reliable for not having done the same thing in advance of building permit authorization by the City C ouncil. Reliable will also be required to submit the same level of building plan detail when they apply/secure their building permit and proceed with construction. B AC K G RO UND: Don Hawkins, on behalf of Reliable Mini Warehouses of Apple Valley, submitted an application to develop an unheated self-storage facility on the vacant parcel located at the northeast corner of Upper 147th Street and Evendale Way. T he site is generally located north of Uponor, east of Lifeworks, and south east of Wasatch Storage. T he proposal is for a six building self-storage facility totaling 52,100 sq. ft. On September 19, 2018 the Planning Commission reviewed and recommended approval of a site plan and building permit authorization for Reliable Mini Storage Warehouses of Apple Valley. T he Planning C ommission reviewed but does not provide a recommendation on a final plat. T his site was preliminary platted with the Wasatch Storage project, as an outlot. To develop the parcel the applicant is required to final plat the property. T he proposed use of the property as a self-storage facility is a permitted use in the "I-1" Limited Industrial. Staff discussed the plans with Uponor and shared an informational set of Wasatch and Reliable storage plans with residential neighbors to the east. No eastern residential neighbors have responded with questions and concerns Site Plan: T he site plan originally submitted was modified to remove the east facing doors and driveway closest to the neighboring residential properties. T his was done to address the eastern setback requirement of the most eastern building. T he industrial zone requires a 60' setback from residential zoned property, the building is setback approximately 62' from the residential property. Removing the east facing storage units/overhead doors, also allowed for more space to retain existing trees and to plant additional screening. Elevations/Facade T he applicant has worked collaboratively with staff to improve the materials and appearance of the buildings. T his has been achieved by adjusting the door color to a more neutral color rather than bright white. Additionally, a 12" to 24" overhang was added to the structures. Finally, as previously mentioned, the overhead doors facing the easterly residential neighborhood have been removed. B UD G E T I M PAC T: Park dedication for this property is included in the development agreement. As land is not available for dedication, cash in lieu is calculated at $6,992.13. AT TAC HM E NT S : Exhibit Correspondence Plan S et Resolution Agreement Resolution Area Map Z oning Map F inal Plat Site P lan Utilities Plan Elevations L andscaping Plan Memo L etter L etter Background Material Exhibit Presentation Page 1 Category Reliable Mini Storage Wasatch Self-Storage Comments Compliance with City Code The Planning Commission found that the materials and design were consistent with City code on September 19, 2018. Wasatch is providing a high quality storage choice. Reliable is providing an economical storage choice. Different materials are used. Challenging the code issues, delaying the project, achieves Wasatch's objective ; a competitive advantage. Stacking for Vehicles Reliable has space for vehicles entering the site off of low volume Evendale Way. Wasatch includes RV storage, and stacking on both JCCR and Evendale Way had to be addressed. Wasatch with 804 storage units generates more, and different types of traffic than Reliable's 280 units. Emergency Vehicle Access Reliable was required to submit an emergency vehicle access diagram, reviewed by Fire and Engineering. which showed that vehicles could respond in the event of an emergency. Wasatch was required to submit an emergency vehicle access diagram, reviewed by Fire and Engineering which showed that vehicles could respond in the event of an emergency. Trash Enclosure City Code does not require a trash enclosure for this use and one was not required. A trash area which adequately meets the needs of the office was required by the Building Official. A trash/office area is included in Building 2. City Code does not require a trash enclosure and one was not required for the project approval. An office is included in the proposed plan which includes trash for the office use. Proof of Parking Requested 97 stalls 164 stalls See attached parking plan for Reliable. Proof of parking is a requested study based on building square footage to anticipate unforeseen conflicts. Exterior Parking 4 stalls required 7 stalls required Represents the actual parking provided for the office. Site Review Comparative Table Page 2 Category Reliable Mini Storage Wasatch Self-Storage Comments Site Review Comparative Table Total Number of Units 280 804; 748 units accessed via the interior. Parking was of greater concern with Wasatch due to the majority of units being accessed via the interior walkways. Development Obligations Reliable is being required to place $25,000 in additional escrow for sidewalk and boulevard improvements next spring. Reliable is not responsible for public infrastructure but was required to additionally provide a $105,000 LOC to address concerns identified by the City Engineer. Wasatch has agreed to be the contractor responsible for the installation of the cul- de-sac and other public infrastructure. Due to the public project, Wasatch is required to supply the 2-year warranty which covers their work as the contractor. It is common for development projects to occur on roadways where a 2 year warranty is held for public infrastructure. The City Engineer routinely addresses concerns with deposits secured from all parties affecting public infrastructure. Quality Standards Reliable is proposing an industrial building that meets codes. Wasatch is constructing an industrial building that meets codes. Sewer Line Reliable submitted a utility plan that was reviewed by Engineering. Reliable submitted a utility plan that was reviewed by Engineering. Reliable sewer section is in the adjacent street. Wasatch had long connections and a pipeline easement to address. Water Line Loop Reliable is not required to loop the water line due to adequate hydrant spacing. Wasatch was required to loop the water line due to the size of the facility to meet adequate spacing requirements. . Photometric Survey Reliable submitted a photometric plan that shows 0.00 foot candles at the residential property line. Wasatch submitted a photometric plan that shows 0.00 foot candles at the residential property line. Wasatch was required to submit a photometric plan due to lights and storage units facing residential. Reliable does not have any lighting facing residential. 131 S. 700 E., Suite 102 American Fork, UT 84003 www.wasatchstoragepartners.com Phone: 801-692-1474 11/20/2018 Bruce Nordquist, Community Development Director Alex Sharpe, Planner and Economic Development Specialist Mr. Nordquist, At the request of Council and per our meeting please find attached an update and additional questions to our previous letter dated November 8, 2018 and the cities response dated October 29, 2018. Both letters are attached for reference. Concern #1:The look of the building not being consistent with the requirements of city code. We saw your response that it was approved by Planning Commission.Planning Commission did not have our letter and we reassert our position that it should include more industrial and commercial design elements. In the city council meeting the projects were compared to a speed boat and a canoe. Why settle for a canoe when you can have a higher quality produ ct comparable to all the other developments in the Industrial zone. Again the buffer protects the neighbors and the intent shouldn’t be to make it look residential.It would be disappointing to allow an inferior development to occur in this vibrant developing area. Concern #2:Adequate Stacking: Response was that it will be addressed on plans.Sounds good, would like to see on plans for next council meeting if possible. Concern #3:Emergency Vehicle access: Response from staff was that it has been addressed, if we could see the site plan with the turning radius diagrams and proof of parking that would be great. Concern #4:Trash Enclosure: Response from staff sounds good, it won’t impact emergency vehicle access if it is in a unit. Concern #5:The site plan doesn’t show sufficient parking: Response is that it does. We would just like to see the diagram noted above in Concern #3 identifying the proof of parking stalls and the turning radius diagram on one site plan demonstrating their 131 S. 700 E., Suite 102 American Fork, UT 84003 www.wasatchstoragepartners.com Phone: 801-692-1474 compliance. It would also be consistent if they had a condition similar to ours as it relates to parking . We figure around 75 stalls using the calculation used on our project. Concern #6:Development Agreement: Response from staff states they provide financial security for their improvement similar to ours which is consistent. Our concern is the warranty for 2 years with additional financial security (Warranty Bond) that was a requirement of our development agreement. We feel like they should have the same requirement and also don’t feel like the response adequately addresses the impact of their work on our warranty. It appears after they are done with their project and it is accepted they have no additional obligations. We are concerned that 2 years from now when we are trying to ge t our warranty bond released that during the inspection defaults are identified that are caused by reliable and we will be required to fix them. We know verbally we are being told that isn’t the case, but feel like it should be in writing in the agreement. Concern #7:Wasatch Quality Standards are different from Reliable Mini Warehouses: Response from staff says they have an office and that they will have an employee during office hours. Understand the cities response, but it looks like the office was an afterthought and the majority of the time it will be an unmanned site, raising our original concerns. New Items: Sewer Line:Should be noted on plans and condition of approval like it was on our project. Water Line Loop:Should be noted on plans and a condition of approval like it was on our project. Photometric Survey:Should be completed and included in package and added to lighting condition of approval. Your attention to these matters is appreciate . Respectfully, Scott Wyckoff 131 S. 700 E., Suite 102 American Fork, UT 84003 www.wasatchstoragepartners.com Phone: 801-692-1474 November 8, 2018 Mayor and Council Members, My name is Scott Wyckoff and our company is Wasatch Storage Partners. We own the property adjacent to the Proposed Apple Valley Self Storage project that is located across from Life Works on Evendale Way. Our self storage facility is currently under construction. We apologize for not commenting during the Planning Commission process, but we were not aware that this project was proposed until recently. A quick review of the Planning Commission packages cause us great concern about this project. The purpose of this letter is to clearly state our concerns so that you can review this information prior to making a decision. Concern #1:The design of the project is not consistent with the requirem ents outlined in Municipal Code 155.346 Building and site Design (A)The design of all building site and landscape plans shall be prepared by a professional skilled and trained to perform these services.Buildings shall be designed to fit the particular site and shall be harmonious with adjacent buildings,topography and natural surroundings and shall otherwise meet the provisions of this chapter. Our review of the drawings show that the buildings architectural design, or lack of design, are in no way consistent or harmonious with the adjacent buildings. The Life Works building and our building have a modern commercial/industrial Class A look and are constructed with commercial grade building materials. Our design includes features like store front glass, canopies, tower elements, material and color variation, metal partition systems and roofing. The proposed storage is block with a maroon block stripe, asphalt shingles,residential siding, gables,and wood unit partitions. Those of us in the industry call this type of facility a first generation facility similar to something that was built in the 1970’s. We understand after reviewing the planning commission meeting videos that the re was an attempt to make these buildings improve their appearance by making them look more “residential”. We didn’t buy and spend millions of dollars on our investment in an industrial zone to have a neighbor that looks residential and is building a product that is not comparable with the investment and quality that we were led to believe was required in the city of Apple Valley. We understand the desire to protect the neighboring residential districts, but on our project and per the code,that is handled with landscape buffering and setbacks, not by allowing inferior construction, design and products. In no way does the current project design meet the standard in the code of being harmonious with the adjacent buildings. Concern #2:Site plan submitted for the Planning Commission meeting seems to be lacking some very important health and safety elements. The first is the access to the site. It appears that in order to enter the site you have to go through a gate . If there is more than one vehicle, box truck,etc.trying to 131 S. 700 E., Suite 102 American Fork, UT 84003 www.wasatchstoragepartners.com Phone: 801-692-1474 access the property there is no room for vehicle storage and the waiting vehicle will be in the public right of way impeding traffic to our project and the other neighboring use. Vehicle storage (stacking) at the entrance should be handled on site as was required for our project. Emergency Vehicle access appears to be a significant problem. Similar to what we were required to do , there should be a turning radius diagram demonstrating the ability for fire trucks to maneuver the sit e. Also noted in the conditions of approval for the project it states that they need to add a trash enclosure location. This should also be identified on an Emergency Vehicle radius exhibit as it may require adjustment of the site plan as it may impact the turning radiuses.In addition,the site plan has not identified the location of its proof of parking and it doesn’t appear that it was a requirement on their preliminary plat approval. 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 states in Conditions number 9 and 11 that proof of parking is required and cannot conflict with vehicle access.Assuming they would have to meet the same requirements we did ,and using the calculations that we were provided by city staff for our project,it appears they need to show proof of parking for 79 -102 additional parking spaces that are not currently identified on their site plan. Those parking stalls can’t conflict with the emergency vehicle access. In order to meet this requirement it may require some redesign of the site plan similar to what we had to do to our site plan when we added 164 parking stalls in order to get our project approved. Concern #3:Obligations we have with our development agreement and how they correlate with this project cause us to ask a lot of questions that are unanswered at this time.The agreement requires us to make significant improvements in Evendale Way, construction and dedication of storm drainage facilities,etc. In addition to the requirement to construct these improvements there is a 2 year warranty period. We received a change order request from our contractor st ating that there was going to be a new vehicle access added to Evendale Way and we were supposed to prepare an estimate for the cost. This was sent by a consulting engineer for the city by error and Brandon Anderson quickly corrected him and informed us that it wasn’t our responsibility. But it brought up a lot of questions, specifically how does the coordination work for the installation of our improvements and theirs, do they pay for delays they cause our contractor if there is a conflict, do they take over the warranty responsibility or is it voided since they will be tearing up improvements we just put in place. We don’t want to have a 2 year warranty for work they modified or potentially damaged.What agreement is in place with them and what financial security is in place to ensure they will complete the work and warranty? In addition,what happens if we don’t complete the work or dedicate the land per our agreement?I didn’t see any conditions for them that it has to be done prior to them starting or getting approval.We have several similar questions and no one from the city has reached out to discuss these items.Much work needs to be done to clarify the interaction of these projects and our d evelopment agreement responsibilities. Concern #4:In addition to the technical deficiencies outlined above,we have serious concerns if the facility is built as designed and the impact of its operation on our facility and the neighboring residential area.Based upon our review of the drawings,it does not identify an onsite office, so it appears the site will be unmanned. This is reminiscent of first generation facilities and frankly are part of the reason storage has such a bad name. With an unmanned site there is an opportunity for unsavory activities to occur including dumping waste and debris, inappropriate or illegal uses operating out of the units, people operating businesses out of the units, loitering, etc. 131 S. 700 E., Suite 102 American Fork, UT 84003 www.wasatchstoragepartners.com Phone: 801-692-1474 What attracted us to Apple Valley when we made our investment was the character and quality of the community. When we first talked to staff we understood that there is a high standard for quality design and operation that would be required. We designed our project to be consistent with that standard. We are strongly opposed to approval of this project as it is currently designed and don’t want a project like that as a neighbor. In addition,we feel like it is only fair that they are held to the same standards and requirements that we were when our project was approved. We greatly appreciate your time in reviewing our concerns and the opportunity we have to comment.I apologize if some frustration came out in this letter but please understand it is not directed toward you. That said,we feel like we have been left out of the loop on this project and feel strongly that as a neighboring land owner our concerns should be heard and addressed.Due to the short time we have had to prepare our comments we reserve the right to add additional items that we missed. 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"- <,,.. � I e ;, 1 · ;; ...-<t .._<f:: / '111111 \ �\rl//11 ..__," ,, ____ � ::::.� 1• �, 0 <t, !� I 1\\1 \ \" ,,1\11///1... ,"-,,.,,,.. f I• ' ..,-0 A ,* / I i\\\ I �,1l1 w1, "" ,,,,. ,;, I � = 1·= ';, ;:::: ""' -0 ," / /111 \\\\ \ "'I z I ::;1 I: I� I if I I I I I I I .... DRAWING INDEX: A 1 SITE PLAN, Al FLOOR PLAN AND ELEVATIONS 51 40' WIDE STRUCTURAL PLANS52 20' WIDE STRUCTURAL PLANS PROJECT: BUILDING 1 -3,400 SF, UNHEATEDBUILDING 2 -5,200 SF, UNHEATED BUILDING 3 -12,000 SF, UNHEATEDBUILDING 4 -12,000 SF, UNHEATEDBUILDING 5 -12,000 SF, UNHEATEDBUILDING 6 -7,500 SF, UNHEATED BUILDING CODE: /BC 2015 MINNESOTA BUILDING CODE 2015 MINNESOTA ACCESSIBILITY CODEOCCUPANCY -5-1 TYPE OF CONSTRUCTION -VB SPRINKLERED MAC 11083 PROVIDE ACCESSIBILITY IN 5 % OFEACH TYPE OF UNITS IN THE FACILITY. MAX 1/2" THRESHOLDS. OVERHEAD DOOR OPENING FORCEMAX 15 LBS. MBC ROLL -UP DOORS SHALL COMPLY WITH ATSM E330 OR ANSI/DASMA 108 90 MPH WIND LOAD NOTE: 1. PROVIDE NON-FROST SUSCEPTIBLE SOIL (AS DEFINED BY GRANULAR SOILS OR OTHER APPROVED NON-FROST SUSCEPTIBLE FILL MATERIALWITH LESS THAN 6 % OF MASS PASSING A #200 MESH SIEVE) DOWN TO FROST DEPTH. w E s U) 24x3G PAPER 9-13-18 Al Reliable Mini - Warehouses Building 1: 20 Units Building 2: 32 Units + Office Building 3: 66 Units Building 4: 66 Units Building 5: 66 Units Building 6: 30 Units Total: 280 Units Bldg 2 Bldg 3 Bldg 4 Bldg 5 Bldg 6Bldg 1 Reliable Mini - Warehouses Proof of Parking DiagramRequired 4 Exterior Parking SpacesReliable Mini - Warehouses Emergency Vehicle Turn Loop Radius Diagram Reliable Mini - Warehouses Emergency Vehicle Turn Radius Diagram SCHEDULESymbolLabelQTY ManufacturerCatalog Number DescriptionWattageA48 Lithonia LightingTWR1 LED 2 50K MVOLT 3500lm TWR1 LEDWALLPACK41.99Reliable Mini WarehousesApple ValleyDESIGNER:C.WITTENBERGDATE:11/19/2018SCALE:DRAWING NO:REVISION:0.11.72.00.40.20.10.10.12.41.70.40.10.10.12.51.60.40.20.10.10.10.10.10.43.42.30.90.40.30.20.83.72.00.80.40.20.93.82.00.90.40.20.10.10.50.30.20.71.51.41.20.90.40.30.91.61.40.90.50.41.01.71.61.20.60.30.20.10.20.50.30.30.40.40.60.40.20.10.10.10.10.20.10.10.10.40.30.20.10.10.10.10.10.10.10.20.20.20.10.10.10.30.10.11.40.10.50.10.20.10.10.10.10.40.10.40.70.10.70.10.50.10.10.10.10.10.10.42.61.42.51.90.92.40.10.10.10.10.12.23.21.63.42.32.03.00.10.10.10.81.31.01.21.21.01.30.10.30.50.50.40.60.30.60.10.21.60.10.50.10.20.40.30.90.10.80.10.40.10.20.11.21.10.61.30.11.30.10.12.53.71.72.42.43.30.10.11.82.01.32.01.71.51.90.10.10.40.80.70.70.80.40.80.10.20.10.20.31.30.20.40.20.40.20.60.20.50.10.21.10.10.80.10.40.10.70.10.60.90.20.90.10.81.52.41.33.21.63.52.21.72.92.22.41.82.71.62.82.11.72.60.91.10.61.10.91.01.00.71.10.50.30.50.20.40.50.30.50.20.50.10.70.10.50.10.21.60.10.80.10.30.20.20.10.40.30.60.20.50.10.40.10.10.10.10.80.11.11.00.51.20.11.20.11.92.72.53.71.62.32.43.21.92.31.82.01.32.01.71.52.00.71.00.40.80.80.70.80.40.80.20.50.20.31.70.20.60.20.40.90.10.60.10.30.70.10.80.10.50.20.30.31.81.10.40.40.22.21.50.50.40.40.91.80.70.40.42.51.30.40.40.30.10.10.10.11.62.71.30.70.40.20.92.91.90.90.50.30.22.52.81.20.60.30.21.63.51.60.80.40.20.10.10.10.10.30.91.31.00.60.40.40.91.31.20.80.50.30.61.31.51.00.60.40.41.01.51.20.70.40.30.20.10.10.30.50.70.60.50.30.40.60.70.80.60.40.40.50.70.90.70.50.40.50.70.90.80.60.40.20.20.10.10.10.10.20.30.40.40.40.30.30.40.50.50.40.40.40.40.50.60.50.40.40.40.50.60.50.40.30.20.20.10.10.40.30.30.20.10.10.10.10.10.10.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.04.34.3Plan ViewScale - 1" = 60ftReliable Mini - Warehouses Photo-metric Plan Room Legend5 x 55 x 105 X 157.5 x 1010 x 1010 x 1510 x 15 NC10 x 2010 x 20 NC10 x 3010 x 30 NC12 x 2012 x 2512 x 3012 x 3512 x 40OFFICE20' - 0"560' - 0"200' - 0"40' - 0"200' - 0"25' - 0"ONE WAYONE WAY131 S 700 E SUITE 102AMERICAN FORK, UT 84003801 -692 -1474HEAL DESIGN GROUP469-920-0123lance@healdesigngroup.comOCTOBER 30, 2017CONCEPTUAL UNIT MIX FLOOR PLANAPPLE VALLEY, MN1" = 20'-0"1Level 1 122,200 GROSS SQ.FT. 92,900 RENTABLE SQ.FT.Wasatch Interior Layout and Required Interior 21 Parking Spaces Wasatch Storage Proof of Parking and Emergency Vehicle Turn Radius Diagram and Required 7 Exterior Parking Spaces Wasatch Storage Photo-metric Plan CITY OF APPLE VALLEY RESOLUTION NO. 2018-___ FINAL PLAT AND DEVELOPMENT AGREEMENT APPROVAL RELIABLE MINI WAREHOUSES OF APPLE VALLEY WHEREAS, pursuant to Minnesota Statutes 462.358, the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and WHEREAS, pursuant to Chapter 153 of the City Code, the City Planning Commission held a public hearing on an application for subdivision of land by plat on 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; 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: Reliable Mini Warehouses of Apple Valley 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 29th day of November, 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 ______________________________ _______________________________________ DEVELOPMENT AGREEMENT Between RELIABLE MINI WAREHOUSES LLC And CITY OF APPLE VALLEY For RELIABLE MINI WAREHOUSES OF APPLE VALLEY _______________________________________ ______________________________ 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 Reliable Mini Warehouses, LLC, a Minnesota limited liability company (the "Developer") to approve for recording the following described plat: The plat of Reliable Mini Warehouses of Apple Valley; and WHEREAS, Developer intends to develop the real property legally described on the plat (the “Property”) as one (1) lot; and 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 Reliable Mini Warehouses of Apple Valley, as shown and noted on Exhibit “A” attached hereto. 2. This Plat is governed by the terms and conditions of the City’s Zoning Ordinance (the “Ordinance”). Any use or development of the Plat shall be in accordance with the provisions of the Ordinance. 3. 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 shall be owned and maintained by the City and shall be located entirely within public right-of-way or dedicated public easements. 2 4. The Developer shall comply with the conditions of building permit authorization set forth in City of Apple Valley Resolution No. 2018-___, a copy of which is attached hereto as Exhibit “B” and incorporated herein. 5. Subject to the provisions hereunder, the Developer shall grade the Property and install improvements within the Property, in accordance with and under the following conditions: A. To complete all improvements in conformance with the plans and specifications submitted by the Developer and approved by the City, including but not limited to the following plans prepared by Steven E. Gebauer, AMI Consulting Engineers P.A. dated September 12, 2018 (except as noted below), and any subsequent revisions as required by the City Engineer: Sheet C2.0 & 2.1 Site Plan & Details Sheet C3.0 Grading Plan Sheet C4.0 Utility Plan Sheet C5.0 Storm Plan Sheet C6.0-6.2 Storm Water Prevention Plans Sheet L1.0 & 1.2 Landscape Plan (prepared by Matthew Fair Jones, Matthew Fair Jones, LLC (August 22, 2018.) B. To install connections to municipal utilities and street improvements as provided in the Plans set forth in Section 5 (A). C. To construct sidewalk(s) and driveways with concrete or bituminous material in accordance with City construction standards. D. To assure the completion of Evendale Way (boulevard grading and sidewalk installation) as provided for in the development agreement and plat of Apple Valley Wasatch. E. To seal or cause to be sealed all existing wells on the Property in accordance with State, County and local laws. F. To install a protective box and cover over each sewer cleanout and water shutoff, to City specifications. G. To install all lot monuments upon or before August 31, 2019. H. To install and maintain all materials (trees, shrubs and sod) identified in the City approved landscape plan. 3 I. 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 Property. The Developer shall implement and comply with all terms and conditions of the approved 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. J. To install erosion control measures in accordance with the approved Natural Resources Management Plan. K. To install each item noted in this Section 5 at the Developer's sole cost and expense, in accordance with all plans reviewed and approved by the City. L. 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. M. 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. N. All “on-site” inspections by the City will be done at the sole cost and expense of Developer, by persons supplied by the City. O. 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. P. To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of $130,469.00 (“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 5 herein, in a form and with terms to the sole satisfaction of the City, until all the construction obligations are fulfilled. Upon the issuance of a final certificate of occupancy for the Property, a written request may be made to obtain a release of the Financial Guaranty. At the time of final inspection of all improvements, if it is determined by the City that the City approved plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require retain, or require Developer to post, an amount equal to one hundred twenty-five percent 4 (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 is necessary to complete the improvement(s) in accordance with the approved plans and specifications. Q. To pay the City's reasonable costs related to the Property and this Agreement, including but not limited to administration, engineering, legal 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 $5,000 with the City toward payment of the City's reasonable costs. If 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. R. 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 authorization to proceed is given by 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. 6. 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 be available for a building prior to occupancy of any dwelling in that respective building. 7. 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. 8. Prior to the release of the plat for recording, the Developer shall: A. Deliver to the City the Financial Guaranty (Section 5P). B. Deposit the funds to the City (Section 5Q). 9. Upon submission of a building permit application, the Developer agrees to pay the City for the public services furnished to the 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: 5 A. Sewer Availability Charge - The rate per unit is based on the year in which the building permit is issued (presently $2,828.00 per unit - $2,485.00 Metro and $343.00 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 $933.00 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. 10. The parties mutually recognize and agree that park dedication requirements as provided in Chapter 153 of the City Code, shall be satisfied by a cash payment of $6,992.13. The calculation of the park dedication payment is set forth in Exhibit “B”. Payment must be made to the City prior to the release of the plat for recording. 11. The parties mutually recognize and agree that storm water pond dedication requirements, as provided in Chapter 153 of the City Code, have been satisfied. 12. The Developer agrees to install and pay for a private street lighting system for the Property, in accordance with City and Dakota Electric Company standards. 13. 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. 14. The Developer agrees to reimburse the City for all engineering, administrative and legal costs and expenses incurred by the City in connection with this Agreement or the enforcement thereof. 15. 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 from any 6 claim, of any and every nature whatsoever, as a result of this Agreement, the plat and the development of the Property. 16. 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 WITNESS WHEREOF, the parties have hereunto set their hands this day of ______________, 2018. [Signature pages to follow.] 7 Development Agreement Signature page for Developer DEVELOPER: Reliable Mini Warehouses LLC a Minnesota limited liability company ____________________________________ By: Vince Schroeder Its: Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ________ ) On this _____ day of _____________________, 2018, before me a Notary Public within and for said County, personally appeared Vince Schroeder to me personally known, who being by me duly sworn, did say that he is the Manager of Reliable Mini Warehouses, LLC named in the instrument, and that said instrument was signed on behalf of the company as the free act and deed of the company. ______________________________ Notary Public 8 Development Agreement Signature page for City 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 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 (66-40697) EXHIBIT A EXHIBIT B CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR RELIABLE MINI WAREHOUSES OF APPLE VALLEY WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that issuance of a building permit for commercial, industrial, and multiple residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS, approval of such a building permit issuance has been requested for the above referenced project; and WHEREAS, the Apple Valley Planning Commission has reviewed the development plans and made a recommendation as to their approval at a public meeting held on September 19, 2018. 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 a six building self- storage facility totaling 52,100 sq. ft. hereby authorized, subject to the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the approval shall lapse. 2. The Building Permit shall be applicable to property identified as Lot 1, Block 1, Reliable Mini Warehouses of Apple Valley. 3. Construction shall occur in conformance with the site plan C2 dated September 12, 2018, on file with at City offices and attached to this resolution. 4. The applicant shall follow all conditions included in the City Engineer's memo dated September 13, 2018. 5. A SAC determination from Metropolitan Council shall be obtained prior to issuance of a building permit and as part of the developer's agreement. 6. Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling space in accordance with Table 1-A on plans issued for permit. 7. Approval of a signage plan is not included with this site plan and building permit authorization. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the installation of any signs. 2 8. The City of Apple Valley has adopted the 2015 MSBC 1306, subpart 3 Special Fire Protection systems. This section would require the buildings to have an automatic sprinkler system installed based on occupancy type and square footage. 9. The 2015 MSFC 505.1 requires premises identification. A final address shall be assigned prior to the application for a building permit. 10. The access aisle shall be marked with a sign “no parking” at the head end of the access aisle see MSAC 502.4.4. 11. Park Dedication in the amount of $6,992.13 shall be paid prior to the release of the final plat. 12. The Site Plan and Building Permit Authorization is subject to the approval of the Reliable Mini Warehouses of Apple Valley final plat. 13. Construction shall occur in conformance with the architectural plans dated 9-13-18, subject to minor revisions. 14. Installation landscaping shall occur in conformance with the landscape plan dated 9-13-18, on file with the City, subject to minor revisions and subject to conformance with landscaping requirements. 15. A tree removal plan shall be submitted prior to issuance of the building permit. Trees required as part of the Lifeworks site development shall be required to be replaced in a 1:1 ratio. 16. The owner shall submit a detailed nursery bid list at the time of application for the building permit that confirms the value of the landscape plantings. 17. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. 18. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 19. Final fire hydrant location shall be determined by the Apple Valley Fire Marshall at the time of building permit. 20. Earthmoving activities shall not occur when wind velocity exceeds thirty (30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 21. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans 3 or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 29th day of November, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 4 CERTIFICATE I, Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on November 15, 2018, the original of which is in my possession, dated this day of , 20 . Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2018- A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR RELIABLE MINI WAREHOUSES OF APPLE VALLEY WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that issuance of a building permit for commercial, industrial, and multiple residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS, approval of such a building permit issuance has been requested for the above referenced project; and WHEREAS, the Apple Valley Planning Commission has reviewed the development plans and made a recommendation as to their approval at a public meeting held on September 19, 2018. 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 a six building self- storage facility totaling 52,100 sq. ft. hereby authorized, subject to the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the approval shall lapse. 2. The Building Permit shall be applicable to property identified as Lot 1, Block 1, Reliable Mini Warehouses of Apple Valley. 3. Construction shall occur in conformance with the site plan C2 dated September 12, 2018, on file with at City offices and attached to this resolution. 4. The applicant shall follow all conditions included in the City Engineer's memo dated September 13, 2018. 5. A SAC determination from Metropolitan Council shall be obtained prior to issuance of a building permit and as part of the developer's agreement. 6. Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling space in accordance with Table 1-A on plans issued for permit. 7. Approval of a signage plan is not included with this site plan and building permit authorization. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the installation of any signs. 2 8. The City of Apple Valley has adopted the 2015 MSBC 1306, subpart 3 Special Fire Protection systems. This section would require the buildings to have an automatic sprinkler system installed based on occupancy type and square footage. 9. The 2015 MSFC 505.1 requires premises identification. A final address shall be assigned prior to the application for a building permit. 10. The access aisle shall be marked with a sign “no parking” at the head end of the access aisle see MSAC 502.4.4. 11. Park Dedication in the amount of $6,992.13 shall be paid prior to the release of the final plat. 12. The Site Plan and Building Permit Authorization is subject to the approval of the Reliable Mini Warehouses of Apple Valley final plat. 13. Construction shall occur in conformance with the architectural plans dated 9-13-18, subject to minor revisions. 14. Installation landscaping shall occur in conformance with the landscape plan dated 9-13-18, on file with the City, subject to minor revisions and subject to conformance with landscaping requirements. 15. A tree removal plan shall be submitted prior to issuance of the building permit. Trees required as part of the Lifeworks site development shall be required to be replaced in a 1:1 ratio. 16. The owner shall submit a detailed nursery bid list at the time of application for the building permit that confirms the value of the landscape plantings. 17. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. 18. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 19. Final fire hydrant location shall be determined by the Apple Valley Fire Marshall at the time of building permit. 20. Earthmoving activities shall not occur when wind velocity exceeds thirty (30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 21. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans 3 or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 29th day of November, 2018. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 4 CERTIFICATE I, Pamela J. Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on November 15, 2018, the original of which is in my possession, dated this day of , 20 . Pamela J. Gackstetter, City Clerk Apple Valley Self-Storage µ LOCATION MAP ^ UPPER 147TH ST W 144TH ST W JOHNNY CAKE RIDGE RD148TH ST W ENERGY WAYEXLEY LNEUROPA AVEEUREKA CTEVELETH AVEE U R O P A W A YEVEREST AVEEVERGREEN TRLEXCELSIOR LN147TH ST W EUCLID AVEEVENDALE WAYEVERGREEN TRLEUROPA AVEEVEREST AVE144TH ST W EXCELSIOR LN Apple Valley Self-Storage µ ZON ING MAP ^ UPPER 147T H ST W 144TH ST W JOHNNY CAKE RIDGE RD148TH ST W ENERGY WAYEXLEY LNEUROPA AVEEUREKA CTEVELETH AVEE U R O P A W A YEVEREST AVEEXCELSIOR LN147TH ST W EVENDALE WAYEUROPA AVEEVEREST AVE144TH ST W EXCELSIO R LN P BP I-1 I-1 I-1 M-5C M-5C SHEET:DESIGNED BY:DRAWN BY:DATE:JOB No:REV. BY:REV:DATE:DESCRIPTION COPYRIGHT ~ AMI CONSULTING ENGINEERS P.A. : 2006c 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 UNDER THE LAWS OF THE STATE OF NAME: SIGNATURE: DATE:LIC. No: 5/17/2017 2:09 PM z:\2018\181168 apple valley storage\7_CAD\181168-2.SITE.dwg Consulting Engineers P.A. 3640 TALMAGE CIR. VADNAIS HEIGHTS 651.337.9259 - amiengineers.com SUPERIOR - IRON RANGE MINNESOTA PROFESSIONAL ENGINEER ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ___________ ___________ ___________ ___________ ___________ ___________ 14650 EVENDALE WAY APPLE VALLEY, MINNESOTA, 5512409/12/2018SEGSTEVEN E GEBAUER ___________47514181168RELIABLE MINI WAREHOUSES SUBMITTAL PLANS - CR1 C2.0---- SITE PLANSEGSITE DATAKnow what'sbelow.before you dig.CallR3060PARKING DATAGENERAL GEOMETRIC AND PAVING NOTES:SIGNAGE AND MARKING NOTES:KEY NOTESCIVIL SITE LEGEND: SHEET:DESIGNED BY:DRAWN BY:DATE:JOB No:REV. BY:REV:DATE:DESCRIPTION COPYRIGHT ~ AMI CONSULTING ENGINEERS P.A. : 2006c 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 UNDER THE LAWS OF THE STATE OF NAME: SIGNATURE: DATE:LIC. No: 5/17/2017 2:09 PM z:\2018\181168 apple valley storage\7_CAD\181168-4.UTILITY.dwg Consulting Engineers P.A. 3640 TALMAGE CIR. VADNAIS HEIGHTS 651.337.9259 - amiengineers.com SUPERIOR - IRON RANGE MINNESOTA PROFESSIONAL ENGINEER ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ___________ ___________ ___________ ___________ ___________ ___________ 14650 EVENDALE WAY APPLE VALLEY, MINNESOTA, 5512409/12/2018SEGSTEVEN E GEBAUER ___________47514181168RELIABLE MINI WAREHOUSES SUBMITTAL PLANS - CR1 C4.0---- UTILITY PLANSEGKnow what'sbelow.before you dig.CallR3060GENERAL UTILITY NOTES:UTILITY LEGEND:400 | PVC/HDPE PIPE BEDDING403 | SANITARY SEWER CLEAN OUT414 | THRUST BLOCKS415 | HYDRANT ASSEMBLY CITY OF MEMO Public Works TO: Alex Sharpe, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: September 13, 2018 SUBJECT: Apple Valley Self Storage General 1. Provide a narrative and site plan showing how the buildings will be constructed and any impacts prior to building permit authorization. The narrative and plan shall include the following: a. Material Storage and Staging i. All material storage to be onsite and indicated on plan. b. Haul routes to and from the site. c. Contractor and Subcontractor Parking locations i. Onsite trade parking should be provided. Permits 1. A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. 2. A ROW Permit will be required for work in the Right of Way. Site 1. All Previous Comments have been addressed Grading Drainage and Erosion Control 1. Identify EOF on the grading plan C3.0 at the low points. FFE shall be 1.0’ above EOF. Water Main and Storm Sewer 2. 1 1/2 “ Domestic water and 6” fire service shall be split outside the fence placed in a location readily accessible per City of Apple Valley standard detail plate SER-6. Additional valves as indicated shall be shown on plans C4.0. 3. Bollards should be provided in front of proposed hydrant in accordance with City of Apple Valley standard detail plate STR-43. 131 S. 700 E., Suite 102 American Fork, UT 84003 www.wasatchstoragepartners.com Phone: 801-692-1474 November 8, 2018 Mayor and Council Members, My name is Scott Wyckoff and our company is Wasatch Storage Partners. We own the property adjacent to the Proposed Apple Valley Self Storage project that is located across from Life Works on Evendale Way. Our self storage facility is currently under construction. We apologize for not commenting during the Planning Commission process, but we were not aware that this project was proposed until recently. A quick review of the Planning Commission packages cause us great concern about this project. The purpose of this letter is to clearly state our concerns so that you can review this information prior to making a decision. Concern #1:The design of the project is not consistent with the requirem ents outlined in Municipal Code 155.346 Building and site Design (A)The design of all building site and landscape plans shall be prepared by a professional skilled and trained to perform these services.Buildings shall be designed to fit the particular site and shall be harmonious with adjacent buildings,topography and natural surroundings and shall otherwise meet the provisions of this chapter. Our review of the drawings show that the buildings architectural design, or lack of design, are in no way consistent or harmonious with the adjacent buildings. The Life Works building and our building have a modern commercial/industrial Class A look and are constructed with commercial grade building materials. Our design includes features like store front glass, canopies, tower elements, material and color variation, metal partition systems and roofing. The proposed storage is block with a maroon block stripe, asphalt shingles,residential siding, gables,and wood unit partitions. Those of us in the industry call this type of facility a first generation facility similar to something that was built in the 1970’s. We understand after reviewing the planning commission meeting videos that the re was an attempt to make these buildings improve their appearance by making them look more “residential”. We didn’t buy and spend millions of dollars on our investment in an industrial zone to have a neighbor that looks residential and is building a product that is not comparable with the investment and quality that we were led to believe was required in the city of Apple Valley. We understand the desire to protect the neighboring residential districts, but on our project and per the code,that is handled with landscape buffering and setbacks, not by allowing inferior construction, design and products. In no way does the current project design meet the standard in the code of being harmonious with the adjacent buildings. Concern #2:Site plan submitted for the Planning Commission meeting seems to be lacking some very important health and safety elements. The first is the access to the site. It appears that in order to enter the site you have to go through a gate . If there is more than one vehicle, box truck,etc.trying to 131 S. 700 E., Suite 102 American Fork, UT 84003 www.wasatchstoragepartners.com Phone: 801-692-1474 access the property there is no room for vehicle storage and the waiting vehicle will be in the public right of way impeding traffic to our project and the other neighboring use. Vehicle storage (stacking) at the entrance should be handled on site as was required for our project. Emergency Vehicle access appears to be a significant problem. Similar to what we were required to do , there should be a turning radius diagram demonstrating the ability for fire trucks to maneuver the sit e. Also noted in the conditions of approval for the project it states that they need to add a trash enclosure location. This should also be identified on an Emergency Vehicle radius exhibit as it may require adjustment of the site plan as it may impact the turning radiuses.In addition,the site plan has not identified the location of its proof of parking and it doesn’t appear that it was a requirement on their preliminary plat approval. 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 states in Conditions number 9 and 11 that proof of parking is required and cannot conflict with vehicle access.Assuming they would have to meet the same requirements we did ,and using the calculations that we were provided by city staff for our project,it appears they need to show proof of parking for 79 -102 additional parking spaces that are not currently identified on their site plan. Those parking stalls can’t conflict with the emergency vehicle access. In order to meet this requirement it may require some redesign of the site plan similar to what we had to do to our site plan when we added 164 parking stalls in order to get our project approved. Concern #3:Obligations we have with our development agreement and how they correlate with this project cause us to ask a lot of questions that are unanswered at this time.The agreement requires us to make significant improvements in Evendale Way, construction and dedication of storm drainage facilities,etc. In addition to the requirement to construct these improvements there is a 2 year warranty period. We received a change order request from our contractor st ating that there was going to be a new vehicle access added to Evendale Way and we were supposed to prepare an estimate for the cost. This was sent by a consulting engineer for the city by error and Brandon Anderson quickly corrected him and informed us that it wasn’t our responsibility. But it brought up a lot of questions, specifically how does the coordination work for the installation of our improvements and theirs, do they pay for delays they cause our contractor if there is a conflict, do they take over the warranty responsibility or is it voided since they will be tearing up improvements we just put in place. We don’t want to have a 2 year warranty for work they modified or potentially damaged.What agreement is in place with them and what financial security is in place to ensure they will complete the work and warranty? In addition,what happens if we don’t complete the work or dedicate the land per our agreement?I didn’t see any conditions for them that it has to be done prior to them starting or getting approval.We have several similar questions and no one from the city has reached out to discuss these items.Much work needs to be done to clarify the interaction of these projects and our d evelopment agreement responsibilities. Concern #4:In addition to the technical deficiencies outlined above,we have serious concerns if the facility is built as designed and the impact of its operation on our facility and the neighboring residential area.Based upon our review of the drawings,it does not identify an onsite office, so it appears the site will be unmanned. This is reminiscent of first generation facilities and frankly are part of the reason storage has such a bad name. With an unmanned site there is an opportunity for unsavory activities to occur including dumping waste and debris, inappropriate or illegal uses operating out of the units, people operating businesses out of the units, loitering, etc. 131 S. 700 E., Suite 102 American Fork, UT 84003 www.wasatchstoragepartners.com Phone: 801-692-1474 What attracted us to Apple Valley when we made our investment was the character and quality of the community. When we first talked to staff we understood that there is a high standard for quality design and operation that would be required. We designed our project to be consistent with that standard. We are strongly opposed to approval of this project as it is currently designed and don’t want a project like that as a neighbor. In addition,we feel like it is only fair that they are held to the same standards and requirements that we were when our project was approved. We greatly appreciate your time in reviewing our concerns and the opportunity we have to comment.I apologize if some frustration came out in this letter but please understand it is not directed toward you. That said,we feel like we have been left out of the loop on this project and feel strongly that as a neighboring land owner our concerns should be heard and addressed.Due to the short time we have had to prepare our comments we reserve the right to add additional items that we missed. Respectfully, Scott Wyckoff, President Reliable Mini Warehouses of Apple Valley – Item 4L, November 15, 2018 Apple Valley City Council Agenda Received November 14, 2018 - AS Dear Apple Valley Mayor and City Council, My name is Vince Schroeder and I am partners of Reliable Mini Warehouses with my mother, brother, two sisters and lifelong friend of my father Don Hawkins. One of my sisters lives just south of Apple Valley. Don Hawkins has been building storage units for over 40 years and has the best design and building materials I've ever seen. He has built these facilities all over the twin cities metro area and has dozens of extremely happy customers who own them. This is one of his first chances to finally build them for himself as a partner here in Apple Valley. We are a very small family based business who treats people fairly and with respect. Our architect has been drawing Don's design since he started and Don has modified his design to be even better over the years. We are working with local engineering and special inspection companies to ensure everything has met the city requirements and have made building modifications to satisfy the city council and to be a perfect fit for the community in serving their needs and also in blending in between the commercial and residential community. Our tan and maroon block are the exact same that Life works uses and our shingled roofs blend in with the neighboring homes. Our use of the lot is conforming for its intended use and we meet all city specifications and codes. We're very much looking forward to doing business and being a positive addition to your community. Thank you, Vince Schroeder Executive officer Reliable Mini Warehouses, LLC 11/29/2018 1 Reliable Mini-Warehouses Final Plat & Site Plan/ Building Permit Authorization (with comparisons to Wasatch Storage Partners) City Council November 29, 2018 11/29/2018 2 Requested Actions 1.Adopt resolution approving final plat and development  agreement. 2.Adopt resolution approving Site Plan and Building Permit  Authorization for a 6 building, 52,100 sq. ft. unheated self‐ storage facility subject to compliance with all City Codes and  conditions listed in the report. Reliable Mini-Warehouse/Wasatch Comparison Characteristics Reliable Wasatch Process Public hearing not required  to final plat Public hearing required to preliminary plat and vacate  Evendale Way Design/Materials Economy storage Industrial zone Multi‐revenue opportunity  Industrial zone Exterior Parking 4 Stalls 7 Stalls (21 interior) Proof of Future Parking 97 stalls possible (if any needed) 164 stalls possible  (if any needed) Number of Storage Units 280 804 (748 interior access) Financial Security $130,000 $416,284 11/29/2018 3 Continued Comparison Process Reliable Wasatch Sewer/ Water Supply Nearby Long distances due to  Magellan pipeline Hydrant Spacing 1 hydrant added Size requires water loop, 4  hydrants added Photometric “0” Foot –candles at  residential + screening “0” Foot –candles at  residential Emergency Vehicles Access/circulation  satisfactory Access/ circulation  satisfactory Stacking at Gate City Engineer confirmed satisfactory Multiple access conflicts  needed addressing Site Details –Reliable Application 11/29/2018 4 Final Plat Outlot B Final Plat 11/29/2018 5 Site Plan Reliable Elevations 11/29/2018 6 Reliable Elevations East Elevation Faces Residential Wasatch Elevations North Elevation Faces Residential 11/29/2018 7 Reliable Proof of Future Parking §155.377 PROOF OF FUTURE PARKING. If it is clearly demonstrated by the owner that the required parking is in excess of the actual demand, all of the required parking need not be constructed initially. The remainder of the required spaces, as shown on the site plan, are to be constructed by the owner when the city determines they are needed. Wasatch Proof of Future Parking 11/29/2018 8 Reliable Exterior Parking Wasatch Exterior Parking One Way Entrance/Exit 11/29/2018 9 Wasatch Interior Layout Required Interior 21 Parking Spaces One Way Entrance/Exit Reliable Emergency Vehicle Turn Radius Apple Valley Fire Truck Gate Entrance 11/29/2018 10 Reliable Emergency Vehicle Turn Radius Apple Valley Fire Truck Gate Entrance Wasatch Emergency Vehicle Turn Radius One Way Entrance/Exit Apple Valley Fire Truck 11/29/2018 11 Wasatch Site Access One Way Entrance/Exit Gate Location Shared Drive with lot to South Reliable Photometric Plan 0 Foot- candles at residential 11/29/2018 12 Wasatch Photometric Plan 0 Foot- candles at residential Reliable Hydrant Coverage 11/29/2018 13 Wasatch Hydrant Coverage Wasatch: •200’ x 560’ building. •4 hydrants •Required looping Reliable Landscape Plan 11/29/2018 14 Wasatch Landscape Plan Requested Actions 1.Adopt resolution approving final plat and development  agreement. 2.Adopt resolution approving Site Plan and Building Permit  Authorization for a 6 building, 52,100 sq. ft. unheated self‐ storage facility subject to compliance with all City Codes and  conditions listed in the report. I T E M: 7. C O UNC I L ME E T I NG D AT E :November 29, 2018 S E C T I O N:Calendar of Upcoming Events Description: A pprove Calendar of Upcoming E vents S taff Contact: S tephanie Marschall, Deputy City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the C ity Council. S UM M ARY: Day/Date Time Location E v ent Tue./Nov. 27 6:00 p.m.Municipal Center A D A Transition Plan Open House Tue./Nov. 27 6:00 p.m.Municipal Center Urban Affairs Advisory C ommittee Meeting Wed./Nov. 28 9:00 a.m.Municipal Center Firefighters Relief Association Meeting Wed./Nov. 28 10:30 a.m.Hawaii Poke Bowl Ribbon C utting Ceremony T hur./Nov. 29 11:30 a.m.-6:30 p.m.Golden Valley LMC 2018 Metro Meeting T hur./Nov. 29 6:15 p.m.Municipal Center Holiday Tree Lighting T hur./Nov. 29 7:00 p.m.Municipal Center Regular City C ouncil Meeting * Mon./Dec. 3 5:30 p.m.Fire Station 1 Special Firefighters Relief Association Meeting Mon./Dec. 3 7:00 p.m.Municipal Center Telecommunications Advisory C ommittee Meeting Tue./Dec. 4 7:30-9:00 a.m.IMA X T heatre C hamber C offee Connection Wed./Dec. 5 7:00 p.m.Municipal Center Planning Commission Meeting T hur./Dec. 6 4:30-6:30 p.m. Bogart’s Entertainment Center C hamber Business After Hours Tue./Dec. 11 11:00 a.m.-1:15 p.m.Senior C enter Apple Valley Seniors Holiday Party Wed./Dec.12 11:30-1:30 p.m.GrandStay Hotel C hamber Holiday Luncheon T hur./Dec. 13 5:30 p.m.Municipal Center Informal C ity Council Meeting T hur./Dec. 13 7:00 p.m.Municipal Center Regular City C ouncil Meeting * Wed./Dec. 19 7:00 p.m.Municipal Center Planning Commission Meeting Wed./Dec. 19 9:00 a.m.Municipal Center Firefighters Relief Association Meeting Mon./Dec. 24 City Offices Closed C hristmas Holiday Floater Tue./Dec. 25 City Offices Closed C hristmas Holiday T hur./Dec. 27 6:00 p.m.Municipal Center ED A Meeting T hur./Dec. 27 7:00 p.m.Municipal Center Regular City C ouncil Meeting * B AC K G RO UND: Each event is hereby deemed a Special Meeting of the C ity Council, the purpose being informational or social gathering. Only events marked with an asterisk (*) will any action of the Council take place. B UD G E T I M PAC T: N/A