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HomeMy WebLinkAbout05/09/2019 Meeting M eeting L ocation: M unicipal C enter 7100 147th S treet West Apple Valley, M innesota 55124 The C ouncil will plant a tree in Belmont Park at 5:30 p.m. in observance of Arbor D ay May 9, 2019 C IT Y C O UN C IL IN F O RMA L MEET IN G T EN TAT IVE D IS C USSIO N IT EMS 6:00 P M 1.C ouncil Discussion Items (5 min.) 2.Discuss Special Event Ordinance Amendments (25 min.) 3.50th Year C elebration Update (15 min.) 4.Adjourn C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A 7:00 P M 1.C all to Order and Pledge 2.Approve Agenda 3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda 4.Approve C onsent Agenda Items C onsent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda f or consideration. A.A pprove Minutes of A pril 25, 2019, Regular Meeting B.A pprove Change in Manager for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, 7593 147th Street W., in C onnection with O n-Sale Wine and 3.2 Percent Malt Liquor Licenses C .A pprove 2020 Budget C alendar and Set Special Informal Meeting on A ugust 22, 2019, at 5:30 p.m. D.C ontinue Consideration of Springs at Cobblestone Lake Sign Setback and Height Variance Request, at 15899 Elmhurst Lane, to May 23, 2019 (Tabled f rom March 14, 2019) E.A pprove Wetland Delineation for Property Located at 12444 Pilot Knob Road F.Pass Ordinances Amending C hapter 155 (Zoning) of the C ity Code 1. Property Maintenance and Building C onstruction Standards 2. Fences G.A pprove Waiver of O bjection to Special Assessments with Menards, Inc., for C onstruction of Public Infrastructure Relating to Proposed Project 2019-109a, Menards at Hanson Concrete Redevelopment Public Improvements H.A pprove Purchase of Traffic Signal C ontroller C abinet and Controller Unit Relating to Proposed Project 2019-109a, Menards at Hanson C oncrete Redevelopment Public Improvements I.A pprove Purchase of Traffic Signal System Materials and Electrical Equipment Relating to Proposed Project 2019-109a, Menards at Hanson C oncrete Redevelopment Public Improvements J .A dopt Resolution Awarding Agreement for Project 2019-103, 2019 Micro Surfacing K.A dopt Resolution Awarding Agreement for Project 2018-133, C obblestone Manor (A L-P3) Stormwater Improvements for Alimagnet Lake L.A dopt Resolution Awarding Agreement for Project 2018-134, Sunset Pond (A L-P8) Stormwater Improvements for Alimagnet Lake M.A dopt Resolution Approving C ontinuation of C ooperative Agreement with Dakota County C ommunity Development Agency (C D A) for A dministration of C ommunity Development Block Grant (C D BG), HO ME Investment Partnership, Emergency Solutions Grant (ES G) Programs N.A pprove Design Agreement with Rockport, LLC , in C onnection with Project 2019-139, Mixed Use C ampus - Feasibility Study O.A pprove Agreement with A llOver Media for 50th Year Marketing Strategy P.A pprove Personnel Report Q.A pprove Claims and Bills 5.Regular Agenda Items A.Proclaim May 17-18, 2019, as "Poppy Days" and May 2019 as "Poppy Month" B.A dopt Resolution Proclaiming J une 27-J uly 4, 2019, the "53rd Annual A pple Valley Freedom D ays C elebration" and C ommunity Festival C .2019 Special Assessment Roll No. 658, $1,388.00 - Delinquent False A larm Charges 1. Hold Public Hearing 2. Adopt Resolution Levying Assessments D.2019 Special Assessment Roll No. 659, $4,839.04 - Delinquent Mowing and Tree Removal C harges 1. Hold Public Hearing 2. Adopt Resolution Levying Assessments E.2019 Special Assessment Roll No. 660, $162,902.71 - Delinquent Utilities 1. Hold Public Hearing 2. Adopt Resolution Levying Assessments 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Regular meetings are broadcast, live, on C harter C ommunications C able Channel 180 and on the C ity's website at www.cityof applevalley.org I T E M: 2. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:I nf ormal Agenda I tem Description: Discuss S pecial E vent Ordinance A mendments (25 min.) S taff Contact: A lex Sharpe, P lanner and E conomic Development Spec. D epartment / Division: C ommunity D evelopment Department Applicant: City of Apple Valley P roject Number: P C17-15-0 Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: N/A S UM M ARY: Over the last two years staff has been working with the City C ouncil, and C ity Attorney's office to develop a private special event ordinance. City C ouncil has provided direction in winter of 2017 and fall 2018 that has guided the draft ordinance to its current point. A final overview, and direction on specific items is requested prior to proceeding to the Planning C ommission for a public hearing, and once recommended to City C ouncil for final adoption. Seven chapters of code are amended in the draft ordinances, which are over 25 pages due to the requirement to show all new and deleted text. T he ordinances are proposed to be reviewed by City C ouncil this year after the Planning C ommission provides a recommendation. A summary of the special events and outdoor promotions is attached for reference, key provisions of the ordinance are discussed below. B AC K G RO UND : To provide a recap of the ordinance thus far, some summary points for the direction Council has provided are below. Special events are: Held outdoors as a cultural or entertainment event On public or private property. Are not City sponsored or held in public parks. Events that occur in parks are reviewed and organized by the Parks Department. Examples include Freedom Days, Music in the Park, and the Home and Garden Show. Not a C ommercial Promotion, which is a sales event on commercial properties where a businesses is seeking to sell its ordinary items or service and is advertised to customers only. Reviewed and approved by C ity staff unless the event meets certain criteria, which then requires C ity C ouncil approval. Open to the general public instead of customers or employees. Does not apply to the ordinary use of the property. Examples include sporting events held at schools or outdoor services at religious institutions. Does not apply to block parties or funeral processions. Does not manage the distribution of liquor. Staff is seeking guidance from City C ouncil on the following points: Originally the threshold for C ity C ouncil approval included events where more than 300 persons were present at any one time. However, since development of the ordinance two events have occurred with 500+ participants. Staff is recommending that events greater than 1,000 people at any one time be reviewed by C ity Council. Vending carts in the ring route are proposed to be removed from the ordinance T he ordinance has seen little use since it's development, and has caused issues with events occurring in parks. T hese events are managed by the Parks Department and the ordinance allows users to exist outside of the event planning. Difficult to differentiate between a food truck or trailer and competes with local businesses. Staff recommends applying the ordinance to Institutional, C ommercial, and Industrial zoning districts/uses. T his will regulate special events occurring at religious institutions and schools that are outside normal operations. All four public events the C ity has reviewed are occurring at schools, which are zoned institutional. Additional amendments to the ordinance include the following: An increase in the number of C ommercial Promotions for businesses from three to four. Allows 12 sidewalk sales for non-profit groups in 3-day increments. Allows the storage of up to three commercial passenger vehicles or one non-passenger vehicle on commercial property. Adapts the sign ordinance to be independent from sidewalk sales, or outdoor promotions. Allows food trucks to be in C ity RO W when associated with an event. B UD G E T I M PAC T: Staff has reviewed other C ity's fees for large special events and found that they vary but are typically in the range of $500 -$1,000 in addition to any direct costs incurred by the C ity. T hese costs can include the hiring of officers, use of public facilities, or fees for cleanup if the event has not returned the area to its previous state. Often, other cities vary their permit rates depending on the scope of the event with larger events having higher fees. To remain consistent with neighboring municipalities staff is recommending our fees align. As a reminder, Commercial Promotions and sidewalk sales, such as those organized by the boy scouts, have a fee of $5 for each occurrence to allow a digital permitting process. Staff is not recommending changing these fees. AT TAC HM E NT S: Exhibit Presentation Summary of Outdoor Commercial Promotions & Special Events Outdoor Commercial Promotion (Existing regulation §155. 358) | • A sale or business-related event on commercial property conducted by tenant/occupant of commercial property on the property that the tenant/ occupant’s commercial use is located. Examples: sidewalk sale; outdoor product display; outdoor customer appreciation event ~OR~ • Fundraising sale or activity conducted by a non-profit organization or group for purposes of fundraising for the organization/group that is sponsored by tenant/occupant of the commercial property. Examples: high school band car wash, boy scouts’ brat sale; girl scouts’ cookie sales stand; • If commercial promotion, the following required: Permit~ administratively issued by Community Dev. A business may have 4 outdoor sale/event per year (4 permits per year) and each promotion event/permit for duration up to 10 days Up to 12 permits per property are allowed for fundraising events by an organization (no more than 3 days duration) –separate from any permit issued to business for its outdoor business sale /promotion. **Outdoor Food Sales (food truck, food tent/stand, food cart): Allowed only in connection with an event under a commercial promotion permit or special event (temporary outdoor event) permit. Special Event (Temporary Outdoor Event) (New proposed regulation) | •An outdoor cultural or entertainment event On public or private property in any zone or within city ROW Event open to the general public Activities include any one or combination of : o Exhibition of arts, crafts or live performance o Amplified music (live or recorded) o Amusement rides o Amusement games/activities o More than three (3) 3rd party food or product vendors Examples: farmers’ market, art/craft fair or show, street dance, music concert, fest or festival, soap box derby or car rally * Proposed Code section will also apply to athletic events (marathon, walk rally, bicycle rally or race) & parades. **Any outdoor temporary event of this sort that is to occur in a city park will be regulated by park regulations and policy. Special Events (Temporary Outdoor Event) Summary of proposed regulations for an outdoor special event: Permit~ administratively issued by Community Development Director; application subject to review/recommended approval by event committee (city department staff members: police, fire, public works, zoning and building inspections) Permit~ Council approval is required when the event proposes the following: o Anticipated attendance >1,000 persons o Music or other amplified sound equipment operated after 10:00 p.m. o Closure of city streets o Fireworks/pyrotechnics display/exhibition Permit application filed (with permit fee) 60 days before event Site Plan of event grounds submitted and reviewed/approved by committee All vendors must be identified and registered under the event permit If event is on city property (non-park property) or within city ROW, event permit holder must sign liability indemnification agreement Event permit holder must obtain and provide proof of general liability insurance coverage and liquor liability insurance coverage (if being sold/dispensed), naming the City as additional insured Event permit holder must pay/reimburse city for all costs incurred for city personnel, services and resources in connection with preparation of or operation of event (police presence due to traffic issues, public works costs due to post-event clean up, fire/police personnel for on-site medical response team) All event permits will have the following conditions: on-site first responder team; amplified music restrictions; vendors registered; alcohol sales licensed and area delineated; sign posting restrictions; all tents/canopies and stages comply with Building Code; all food trucks, food stands and other heat/fire apparatus subject to inspection and compliance with Fire Code 5/9/2019 1 Special Events Informal 5-9-19 Overview/History •Working with City Council, Staff and City Attorney have crafted  a draft ordinance. •Current code allows 1 “Special Promotion” 2 “Sidewalk Sales” •Draft code changes name to “Outdoor Commercial Promotion”  and allows 4 promotions. •Allows up to 12 non‐profit organizations to host outdoor sales on  a property.   •Draft code creates a “Special Outdoor Event”  •Larger than a Commercial Promotion 5/9/2019 2 What is a Special Outdoor Event? •A cultural or entertainment event open to the public •Examples – Turkey Trot, Special Olympics, 5K’s, marathons,  concerts. •Not Community Sponsored •Freedom Days, Music in the Park, Home and Garden, Octoberfest. •Does not apply to ordinary use of the property •Sporting events at schools, outdoor services at religious  institutions, MN Zoo,  block parties, funeral processions or  graduation parties. •Does not manage liquor distribution Example Events •Turkey Trot 2018 – Thanksgiving day 900+ participants starting  at Eastview High School. 2019 Application is already  submitted. •Special Olympics 2018 – Midsummer date with approximately  500 participants, includes food trucks. 2019 event is June 29th.  •South Suburban Evangelical Free concert 2018 – Outdoor  concert held in parking lot at JCCR/125th st. 300+ participants  on July 4.  •Tunnel to Towers 5K – Held at AV high 40‐200 participants.  5/9/2019 3 Guidance From Council •City Council review and approval •Originally set at 300+ participants, increased to 500+, staff is now  recommending 1,000+ participants and at one time.  •Does Council want to review? •Vending Carts in Ring Route •Draft code removes provision. •Draft Ordinance includes Institutionally zoned properties •Schools, religious institutions, City property (Municipal Center),  these events impact neighborhoods.  Additional Amendments •Commercial Promotion increased from 3 events per year to 4 •Existing code was 1 promotion and 2 sidewalk sales. •12 side walk sales are permitted when sponsored by a non‐ profit.  •Example: Boy Scout brat sales, car washes, etc. •3‐day increments. •Storage of three commercial passenger vehicles or one non  passenger vehicle on commercial lots •Rascals, Geek Squad, Vivo. •Sign code is independent of outdoor promotions. •ROW code adapted for  5/9/2019 4 Next Steps •Planning Commission Review •Fee research •Digital Review  •Communication Plan •Rollout Questions? I T E M: 3. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:I nf ormal Agenda I tem Description: 50th Year Celebration Update (15 min.) S taff Contact: B ruce Nordquist, A I C P, C ommunity Development Director D epartment / Division: C ommunity D evelopment Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: In J anuary 2019, the City Council directed staff to initiate a celebration of "50 Golden Years" in 2019. Events, images and messages have been developed to continue a year-long celebration in accordance with an authorized budget. On May 9, an informal session has been scheduled to update the C ity C ouncil on a planned highly visible marketing message for the next 6 months. A s part of the approved budget, an MVTA bus will be wrapped by the City and partners have been identified to keep the bus wrapped and mobile for 6 months. T he partners include the C onvention and Visitors Bureau (C VB), C hamber of C ommerce, Wings Financial, Dakota Electric, MN Zoo and A pple Valley Arts Foundation. Also on May 9, the consent agenda, includes a request for the City Council to authorize an agreement with AllO ver Media to spend $3,000 to wrap the bus and use $3,000 in City C VB resources to cover the expense of the mobile display for a month. AllOver Media account representatives have secured similar agreements with the partners to continue the display for 6 months. Finally, the MVTA bus operates daily based on AllOver Media's defined "Route A". T his particular route reaches A pple Valley, Eagan, Bloomington, Minneapolis and St. Paul. T hose are core cities in Apple Valley's broader economic development message to attract and retain businesses and residents. As this staff report was being prepared, both the draft bus display developed by the AllO ver Media graphics team and agreements being reviewed by our C ity Attorney, were in the process of being updated and any changes will be shared in advance of the C ity Council meeting. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: Background Material Background Material Background Material Background Material Presentation DRIVER PASSENGER CLIENT: CITY OF APPLE VALLEY MARKET: MN CLIENT: CITY OF APPLE VALLEY MARKET: MN CLIENT: CITY OF APPLE VALLEY MARKET: MN Totals Total Media (NET)$3,000.00 Total Production (NET)$3,000.00 Grand Total (Net)$6,000.00 Business Name: City of Apple Valley Contact: Bruce Nordquist Billing Address: 7100 147th Street W Billing City/State/Zip: Apple Valley, Minnesota 55124 P: (952) 953-2500 E-mail: bnordquist@ci.apple-valley.mn.us Account Rep: Cathy Goetz Bus contracted for Estimted Start Date: 05/22/19 - End Date: 11/21/2019- or ASAP from Proof Approval Campaign Length: 6 months - paid for by 4 sponsors and City of Apple Valley - all seperate contracts Bus Wrap Advertising- Market # of Buses Rate Per Bus Per month Production Per Bus Total Investment MVTA- Route A 1 month of media and prodcution 1 $3,000.00 $3,000.00 $6,000.00 • A fully wrapped bus consists of both sides and the back • Production costs assume one creative, creative swap will incur additional fees • Production includes Printing, Installation and de-installation. *Additional charges may apply if AllOver Media creates the ad content ($250), more than 3 ad creatives are supplied ($100/per), ad reformatting due to incorrect specs provided ($250) and/or rushed shipping fees for late art work (variable). *All Pricing NET (Space and Production), Payment is net 30 days from invoice. SIGNATURES & APPROVALS The undersigned hereby acknowledges and agrees this Contract is signed and accepted subject to the terms and conditions stipulated on both sides of this order, which are all of the agreements and representations as to this Contract made by either party hereto. CITY OF APPLE VALLEY _by____________________________________________________________________________________________________________________ MAYOR CLERK Today's Date _________________________________________________________________________________________________________________ Company/Account Representative (Signature & Printed)Today's Date ADVERTISING AGREEMENT TERMS AND CONDITIONS Client and Company agree to abide by and be bound to all of the terms, conditions, restrictions, limitations, and other provisions contained in this Agreement. 1. SERVICES. a) (Bus Wrap) Advertiser hereby seeks to contract with Company for the posting, display, and if needed, production of an advertisement(s) on behalf of Advertiser to be placed on motorcoach (buses) passenger vehicles ("Vehicles") located in the markets requested by Advertiser (hereinafter referred to as vehicle advertising). "Market" means those states, cities, or other regions Advertiser designates for placement of advertisements. "Advertiser" will mean any customer, or Advertising Agency acting on the customer's behalf, that requests the production or placement of an advertisement by Company. "Advertising Agency" means a representative of Advertiser with the authority to contract for or to delegate the duty to provide advertising production or placement services. b) If requested, Company shall be responsible for the production, design, and printing of an advertisement(s) on behalf of Advertiser to be installed in accordance with the specified post date. Prior to installation, Company will submit a proposed advertisement to Advertiser for approval. Upon receipt of the proposed Advertisement, Advertiser shall have five (5) business days to notify Company of its approval or disapproval. If Advertiser is providing Company with materials to be advertised or included in any advertisement, then Advertiser shall be obligated to deliver such materials to Company in sufficient quantity and within any time limits set by Company from time to time for proper installation and execution of this Agreement. Any delay in the schedule of installation or the start of services under this Agreement due to Advertiser's delay in submitting its approval or any materials shall not extend the Term of this Agreement without an express written consent by Company. c) Company shall be responsible for installation and display of Advertiser's advertisement within 5 business days after the specified installation date on the front side of this Agreement. Company shall secure the advertising space in the designated Venues for the placement of Advertiser's advertisement. In the event Company is prevented from placing Advertiser's advertisement at any specific Venue, Company shall return all funds paid by Advertiser. d) Company shall have the complete and exclusive control over the method, details, and means of accomplishing the services in this Agreement, including the right to contract or delegate the performance of any required services herein. Advertiser acknowledges and agrees to Company's use of franchises, independent contractors, and/or other third parties to effectuate its obligations under this Agreement. Company shall not be liable to Advertiser for the failure or proper performance of such parties, but Company shall be obligated to use its best efforts to remedy any such failure. If Company is unable to remedy any such failure, Company shall provide a pro rata reduction to the total net amount on the front side of this Agreement for Company's services equal to the extent of any such failure. Company shall provide Advertiser with proof of performance. Company will be deemed to have satisfied proof of performance when Company provides Advertiser, within fifteen (15) business days after installation is complete, digital photographs of the advertisement used for this Agreement reflecting that the advertisement has been installed in/on the products listed on the front side of this Agreement and within the Venues and/or Markets assigned. 2. TERM. This Agreement shall be for the term in months stated on this Agreement and shall commence on the date this Agreement is executed, unless terminated by written agreement signed by both parties or terminated by Company pursuant to paragraph 5 below ("Term"). 3. TERMS OF PAYMENT. a) Advertiser shall pay Company the total net amount included in this Agreement plus all applicable taxes for Company's services unless the Agreement is a barter exchange. The total net amount will be charged monthly and Advertiser agrees to make payment within 30 days of invoice date. In the event that Advertiser does not make a payment when due, a finance charge of 1.5% per month will be charged on all unpaid invoices. Further, Advertiser and Company may agree upon the use of barter in exchange for payment under this Agreement and both parties shall abide by any barter terms described on the front side of this Agreement. b) If any portion of the total net amount is not paid when due, then Company may accelerate payments due here under and declare the entire amount due and payable upon giving Advertiser ten (10) calendar days' notice to cure such failure to pay. If the total net amount is declared immediately due, the entire unpaid amount shall bear interest at the rate of eighteen percent (18%) per annum until the balance is paid in full. All powers and remedies given by this Agreement to Company shall not be deemed exclusive of any other power or remedy available herein, to the extent permitted by law, to enforce the performance or observance of the terms of this Agreement. In the event it is necessary for Company to enforce any provisions of this Agreement by or through an attorney or a collection agency, it will be entitled, in addition to such sums as may be due or such other relief which it may be entitled, to all attorneys' fees plus court costs and other expenses of enforcement or collection. c) Advertiser shall at all times be liable for the payment of services and costs. In the event Advertiser has appointed an Advertising Agency as its representative and the Advertising Agency signed this Agreement for the benefit of the Advertiser, then Company agrees to demand payment from the Advertising Agency for the entire balance of this Agreement. Payment by the Advertiser to the Advertising Agency shall not constitute payment of Advertiser's amounts owed under this Agreement, until such sums are remitted to Company. In the event the Advertising Agency fails to pay any amounts due here under for any reason (including Advertiser's failure to pay any amounts due to Advertising Agency), the Advertiser and Advertising Agency shall be jointly liable for all amounts owed to Company and Company shall have the right to collect payment from Advertiser and/or Advertising Agency. d) All credit card payments are subject to a surcharge no greater than our cost of acceptance and subject to federal and state laws. 4. WARRANTIES AND REPRESENTATIONS. Company makes no warranty or representation as to the effectiveness of any advertisement or the placement of such advertisement at any Venue. Advertiser warrants and represents that (i) any and all artwork, photographs, design work, copy, logos, of Advertiser does not violate any federal, state, or local laws, including without limitation, any copyright or trademark, right to privacy, libel, or fair trade practices law, and (ii) it has all necessary legal power and authority to enter into, and perform its obligations under, this Agreement. * Advertiser also warrants and represents that Advertiser’s logos, provided to Company does not violate any federal, state, or local medical or recreational cannabis advertising laws. 5. TERMINATION. This Agreement and all obligations of the Company hereunder may be cancelled by Company in the event (i) Advertiser fails to comply with the terms of this Agreement, including Advertiser's failure to make payments when due; or (ii) that any of the services provided by Company is not lawful, licensed or permitted. Advertiser may terminate this Agreement prior to the end of the then current Term, provided Advertiser gives Company sixty (60) days advanced notice and pays Company a cancellation fee as follows: 15% of the monthly total net amount for each Market as expressed in this Agreement times the number of months remaining in the Term of this Agreement for each Market. In the event this Agreement is based on barter and Advertiser terminates prior to the end of the then current term, the cancellation fee shall be based on the value of the barter according to Company's current rate card and Advertiser shall pay 15% of this gross monthly revenue amount times the number of months remaining in the then current Term. If Advertiser cancels this Agreement prior to the post date, Advertiser will pay Company all production and advertising space costs Company incurs prior to cancellation. If Advertiser is at any time in breach of this Agreement, Company shall have the right to remove any and all of Advertiser's advertisements from the Venues secured herein and such removal will not constitute a breach of this Agreement by Company, nor entitle Advertiser to reduce or abate the total net amount or delay payments to Company. 6. INDEMNIFICATION. a) Advertiser shall defend, indemnify, and hold Company, and its owners, officers, directors, and employees ("Company's Parties"), harmless of, from and against any and all claims, liabilities, costs, attorneys' fees, losses or expenses, directly or indirectly incurred by Company's Parties as a result of Advertiser's or its owners, officers, directors, and employees’ default or breach of this Agreement, grossly negligent acts, willful misconduct, or directly or indirectly arising out of the publication or distribution of Advertiser's logo or trademark, including without limitations, claims or suits for libel, copyright or trademark infringement, privacy rights, or any other violations of federal, state, or local law or any Federal Trade Commission or Federal Communications Commission rule or regulation. This provision shall survive expiration or termination of this Agreement. Notwithstanding anything to the contrary in this paragraph, the Advertiser shall not be responsible for any logo or artwork provided by any third party. b) Title, ownership, and intellectual property rights in and to any invention, material or creative developed by Company while performing services for Advertiser, whether patentable or otherwise, shall remain with Company. Any invention, material or creative by Company on behalf of Advertiser of copyrightable material shall not in any way be considered a "work made for hire" under the United States copyright laws. To the extent the development, modification or translation may be deemed a work made for hire, Advertiser shall be deemed to have assigned all copyright rights therein to Company. Notwithstanding, Advertiser shall retain any and all title, ownership and intellectual property rights in only the material, creative and logos it independently provides to Company. 7. NON-COMPETITION. [INTENTIONALLY OMITTED] 8. COMPANY'S LIMITED LIABILITY TO ADVERTISER. a) Company shall use reasonable efforts to comply with all applicable laws and regulations, and to obtain necessary licenses, permits or registrations to conduct its business. b) Company will use ordinary care in providing advertising services, including ordinary care in the creation and placement of advertisements. In addition, Company will, at its expense, correct any material errors that are due solely to Company's personnel. However, the expense of correcting such errors incurred by Company shall be the only responsibility of Company occasioned by its performance or non- performance of its obligations under this Agreement, and Advertiser agrees to accept the correction of errors by Company as its sole and exclusive remedy. c) EXCEPT AS PROVIDED IN THIS PARAGRAPH 8, ADVERTISER UNDERSTANDS AND AGREES THAT COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF ANY PRODUCTS, THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THEIR ABILITY TO BE LICENSED, PERMITTED OR REGISTERED TO PROVIDE THE SERVICES TO BE RENDERED TO ADVERTISER HEREUNDER. COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ADDITIONAL, OR PUNITIVE DAMAGES OF ADVERTISER, OR ANY OTHER LIABILITY ARISING OUT OF A BREACH OF THIS AGREEMENT. IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED $100.00. 9. ASSIGNMENT. This Agreement may be assigned by Company but not by Advertiser without Company's prior written consent. Company reserves the right, in its sole discretion, to delegate or assign to third parties the performance of Company's obligations to Advertiser. In the event of any such delegation, the provisions of this Agreement applying to Company shall apply equally to such third party in the performance of such obligations including, but not limited to, the limited liability, indemnification, and force majeure provisions hereof. 10. FORCE MAJEURE. Neither party shall be considered in default in the performance of its obligation should its performance thereof be delayed or prevented by Force Majeure. "Force Majeure" shall include, but shall not be limited to: hostilities, revolution, riots, strikes, epidemic, accident, fire, flood, earthquake, wind storm, explosion, lack of or failure of transportation facilities or power facilities, regulation or ordinance, any act or requirement of any government or governmental agency having or claiming to have jurisdiction over the subject matter of this Agreement or the parties, any act of God, or any cause, which is reasonably beyond the control and without the fault or negligence of the parties. 11. RELATIONSHIP OF PARTIES. It is not the intention or the purpose of this Agreement nor shall any provision herein create nor shall the same be construed as creating any type of partnership or joint venture of the parties hereto. This Agreement shall not be construed to provide for or communicate that Company has or is attempting to acquire any financial interest, direct or indirect, in Advertiser, Advertiser's business, or Advertiser's representative Advertising Agency, if one exists. Company shall not be deemed to be a representative of Advertiser for any purpose whatsoever except those expressly stated herein. An Advertising Agency may represent and warrant that it is authorized to sign this Agreement and place advertising on behalf of an Advertiser named on the front side of this Agreement and the Advertising Agency may receive the industry standard Advertising Agency commission for services subsequently performed by Company. Advertiser may change its representative Advertising Agency, upon notice to Company, and the successive Advertising Agency shall be entitled to any commissions from the performance of Company's services. 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties hereto. This Agreement supersedes all prior communications, representations, terms, conditions or agreements, oral or written, between the parties and no waiver or modification to this Agreement shall be effective unless it is in writing, signed by the parties. This Agreement may be executed in one or more counterparts, which counterparts shall together constitute one and the same instrument. 13. NOTICES. Any notices to be given under this Agreement shall be deemed adequate if given in writing and sent by certified or registered international mail, by recognized air courier, or by facsimile transmittal at a fax number known to be maintained by the party to whom notice is to be given, coupled with a copy of the fax confirmation sheet. Notice shall be deemed given when it is received. 14. MISCELLANEOUS. The terms of this Agreement are confidential and, except as may be required by law, will not be disclosed in any manner by either party without the prior written consent of the other party. This Agreement shall bind and inure to the benefit of each of the parties and their successors, representatives, and heirs. All provisions that are intended to survive termination shall survive termination. The person signing this Agreement on the Advertiser's behalf has the authority to bind the Advertiser to this Agreement. This Agreement shall be deemed to have been formed in the State of Minnesota. This Agreement shall be governed by the laws of the State of Minnesota, without regard to any conflicts of laws principles thereof that would call for the application of the laws of any other jurisdiction. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought against either of the parties in only the Hennepin County District Courts in the State of Minnesota, or the Federal Courts in the State of Minnesota, and each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue. If any part of this Agreement is held invalid or unlawful by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 15. STATE STATUTES. Under Minn. Stat. §§ 6.551 and 16C.05, subd. 5, Company’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the City and the State of Minnesota Legislative Auditor, and/or State of Minnesota Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 2019 - 50th Celebration Budget Expense Code Description Community Development Council Contingency City Convention & Visitor Bureau Chamber Convention & Visitor Bureau Business Sponsorship 6229 Supplies Pins - Initial Order 1,400 Pins- Add'l Order 5,000 1,400 5,000 - - - 6235 Consultant Services Graphic (bus wrap) 3,000 3,000 6,000 9,000 Photographic 3,000 Promotional 5,000 3,000 8,000 3,000 6,000 9,000 6239 Printing Publishing Promotional Signs /Banners 1,200 5,000 Events (general ) 2,400 2,500 Kelley Picnic Celebrations 1,000 Freedom Day 2,500 3,600 11,000 - - - Total 8,000$ 24,000$ 3,000$ 6,000$ 9,000$ 5/9/2019 1 Celebrating 50 Golden Years in Apple Valley City Council Informal Meeting May 9, 2019 5/9/2019 2 5/9/2019 3 I T E M: 4.A . C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A pprove Minutes of April 25, 2019, Regular Meeting S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the minutes of the regular meeting of April 25, 2019. S UM M ARY: T he minutes from the last regular C ity Council meeting are attached for your review and approval. B AC K G RO UND : State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Minutes CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2019 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 25, 2019, 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, Police Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, and Public Works Director Saam. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Boy Scout Brock Martin, from Troop 205. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Hooppaw, approving the agenda for tonight’s meeting, as presented. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of April 11, 2019, as written. Ayes - 4 - Nays - 0 - Abstain - 1 (Hamann-Roland) MOTION: of Bergman, seconded by Goodwin, receiving the Police Department’s 2018 annual report. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2019 Page 2 MOTION: of Bergman, seconded by Goodwin, approving renewal of the City’s general liability, property, automobile, workers’ compensation, umbrella, and other insurance coverage for March 1, 2019, through March 1, 2020, with the League of Minnesota Cities Insurance Trust at a total premium of $1,176,280.00, including the non-waiver of statutory liability limits for the City’s insurance, as recommended in the Finance Director’s memo, and authorizing the Finance Director to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving William Velin of Assured Partners, Inc., as the Agent of Record for 2019-2020, in the amount of $8,000.00, as recommended in the Finance Director’s memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, proclaiming May 19 through May 25, 2019, as “Public Works Week” and asking citizens to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, proclaiming May 5 through May 11, 2019, “Drinking Water Week” and calling upon each citizen of Apple Valley to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving submittal of the CenterPoint Energy 2019 Community Partnership Grant application, in the amount of $2,500.00, with a 50-50 match, for the purchase of four thermal imaging cameras, as described in the Fire Chief’s memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2019-61 approving the reconveyance of tax-forfeited lands, legally described as Lot 5, Block 7, The Oaks of Apple Valley II, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, continuing 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 July 11, 2019. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, continuing consideration of the Springs at Cobblestone Lake sign setback and height variance request until May 9, 2019. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2019-62 awarding the agreement for Project 2017-109, Johnny Cake Ridge Road Improvements, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of $5,587,129.05. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2019 Page 3 MOTION: of Bergman, seconded by Goodwin, approving the Joint Powers Agreement with Dakota County and Vermillion River Watershed for cost share related to Project 2019-105, 2019 Street Improvements, subject to final approval by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Amendment No. 2 to the Joint Powers Agreement with Scott County and other entities for the fleet asset management system, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement with CNH Architects, Inc., to create plans and specifications for the Municipal Center City Hall - Lower Level Buildout, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for Project 2019- 136, 2019 Hydrant Reconditioning and Painting, with B & B Commercial Coating, LLC, in the amount of $28,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for Project 2019- 137, 2019 Sump Catch Basin Cleaning, with Sewer Septic Grease Services, in the amount of $74,340.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for The Public Country Club - Tier 2 with TwinCitiesGolf.com, Inc., subject to minor revisions as approved by the City Administrator and City Attorney. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 2 to the agreement with Pro-Tec Design, Inc., in the amount of an additional $4,588.89; and accepting Central Maintenance Security Camera S ystem, as complete and authorizing final payment in the amount of $13,395.43. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Valleywood Security Camera System, as complete and authorizing final payment on the agreement with Pro- Tec Design, Inc., in the amount of $9,052.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 2018-154, Apple Valley Community Center and Hayes Park Arena Roofing, as complete and authorizing final payment on the agreement with McPhillips Bros. Roofing Company, in the amount of $301,689.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2019 Page 4 MOTION: of Bergman, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated April 25, 2019. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated April 4, 2019, in the amount of $400,997.69; and April 10, 2019, in the amount of $1,212,620.17. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PROCLAIM CULVER’S A BUSINESS LEADER Mr. Nordquist introduced this item and read the proclamation recognizing Culver’s as a business leader. He then presented the proclamation to Mr. Mike Budde and Ms. Jane Hill, owners of Apple Valley Culver’s. MOTION: of Goodwin, seconded by Grendahl, proclaiming Apple Valley Culver’s a business leader in connection with Apple Valley’s 50 Golden Year celebration. Ayes - 5 - Nays - 0. 2019 GOAL SETTING FOCUS SESSION SUMMARY Mr. Lawell presented this item and provided a summary of the goal setting workshop held on March 1, 2019. Annually, City Council and senior staff members meet to discuss accomplishments from the prior year and set goals for the coming year. He noted the top three goals for 2019 are to: maintain financial stability and AAA bond rating, maintain stable and predictable property taxes and fees, and implement annual neighborhood street reconstruction projects without reliance on special assessments. He also described several other goals which were identified as key undertakings for the year. Mayor Hamann-Roland thanked the City Council and staff for their hard work and accomplishments. MOTION: of Goodwin, seconded by Grendahl, approving the 2019 Goal Setting Focus Session Summary as attached to the City Administrator’s memo. Ayes - 5 - Nays - 0. APPOINT PARKS AND RECREATION ADVISORY COMMITTEE MEMBERS Ms. Gackstetter reviewed her memo listing the applicants for the Parks and Recreation Advisory Committee. There are two vacancies, one with a three-year term expiring March 1, 2020, and one with a three-year term expiring March 1, 2022. The Mayor called for nominations for the vacancy. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2019 Page 5 MOTION: of Hooppaw, seconded by Bergman, nominating Russell Beyer, Jann Henkes, Lisa Hiebert, Milo Holsten, Hue Nguyen, and Mark Shori for the Parks and Recreation Advisory Committee; and amending the previously adopted appointment process to reduce the number of candidates by selecting two fewer names than appearing on the ballot for two rounds of voting. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select four names from the six nominees. After selections were made, they were tallied and the City Attorney announced that five names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select three names. After selections were made, they were tallied and the City Attorney announced that three names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names. After selections were made, they were tallied and the City Attorney announced that Lisa Hiebert and Hue Nguyen received the majority of votes. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-63 appointing Lisa Hiebert and Hue Nguyen to the Parks and Recreation Advisory Committee with terms expiring March 1, 2020, and March 1, 2022, respectively. Ayes - 5 - Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. During the counting of the voting, Mr. Bernstein provided information on the Adopt-A-Park Program, Police Captain Dahlstrom delivered a public safety message on pedestrian and bicycle safety, and Mr. Anderson provided an update on various street projects and road closures. COMMUNICATIONS Fire Chief Russell provided information on recreational fires. Mayor Hamann-Roland announced the Apple Valley Senior Center named Wes Hasbrouck and Bill Tschohl as the 2018 Senior Volunteers of the Year. Mr. Lawell said the City’s on-line auction will begin on April 26, 2019. Councilmember Hooppaw commented on the Police Department’s annual report and the good work they are doing. He also thanked Public Works staff for their efforts in resolving water drainage issues. Councilmember Bergman commented on the information being sent to residents with Ash trees in the boulevard. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2019 Page 6 CALENDAR OF UPCOMING EVENTS MOTION: of Hooppaw, seconded by Grendahl, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 7:51 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:May 9, 2019 S E C T I O N:C onsent Agenda Description: A pprove Change in Manager for D & D of Minnesota, I nc., d/b/a F amous Dave's B B Q Shack, 7593 147th S treet W., in C onnection with On-Sale W ine and 3.2 P ercent Malt L iquor L icenses S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the change in manager for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack in connection with the On-Sale Wine and 3.2 Percent Malt Liquor Licenses, at 7593 147th Street W., naming Mark Fredrick Zeigler as General Manager. S UM M ARY: D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack has filed an application for a change in manager required in connection with its O n-Sale Wine and 3.2 Percent Malt Liquor Licenses, at 7593 147th Street W. Mr. Mark Fredrick Zeigler is being named General Manager. A personal information form has been filed and the Police Department has conducted the necessary background investigation. T he information is on file should you wish to review it. B AC K G RO UND : City C ode Section 111.34 provides for C ity C ouncil approval of such changes and approval of the change in manager is recommended. 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:May 9, 2019 S E C T I O N:C onsent Agenda Description: A pprove 2020 B udget C alendar and S et S pecial I nformal Meeting on A ugust 22, 2019, at 5:30 p.m. S taff Contact: Ron Hedberg, F inance Director D epartment / D ivision: F inance Department AC T I O N RE Q UE S T E D: Approve the 2020 Budget Calendar and set August 22, 2019, at 5:30 p.m. as a special informal meeting of the City C ouncil. S UM M ARY: T he C ity C ouncil is asked to approve the Budget Calendar, included below, which includes an informal work session for the C ity C ouncil to review the budget recommendations on August 22, 2019. T he action also establishes August 22, 2019, as a special informal meeting. B AC K G RO UND : T he date for adopting the preliminary budget and levy is set for September 12, 2019. By state law, the levy is required to be adopted by the C ity C ouncil and certified to the county auditor by September 30, 2019. T he date for the Truth in Taxation meeting and the date for adoption will be formally set at the time the preliminary levy is approved in September. T he past few years, the Truth in Taxation meeting has been held on the date of the first C ity C ouncil meeting in December which for this year is December 12, 2019. 2020 BUD G ET C A LEN D A R 1. Budget worksheets distributed to Departments May 3, 2019 2. Worksheets returned to Finance May 31, 2019 3. Budget summaries and worksheets to Administrator J une 21, 2019 4. Budget review meeting with Administrator J uly 8 to 16, 2019 5. Budget delivered to City C ouncil A ugust 8, 2019 6. Informal C ouncil meeting to review Budget A ugust 22, 2019 7. Proposed Budget and Tax Levy Adopted September 12, 2019 8. C ertify proposed budget and tax levy to C ounty by September 30, 2019 9. C ounty required prepare and mail notice of Tax Levy and Public Hearing N ovember, 2019 10. Conduct Public hearing (former Truth in Taxation)D ecember 12, 2019 11. Adopt Final Budget and Tax Levy D ecember 12, 2019 12. Certify Final Tax Levy to County by D ecember 31, 2019 B UD G E T I M PAC T: N/A I T E M: 4.D. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: Continue Consideration of Springs at C obblestone L ake Sign Setback and Height Variance Request, at 15899 E lmhurst L ane, to May 23, 2019 (Tabled from March 14, 2019) S taff Contact: T homas L ovelace, City P lanner D epartment / Division: C ommunity D evelopment Department Applicant: Continental 432 F und, L L C P roject Number: P C19-02-V Applicant Date: 1/22/2019 60 Days: 3/23/2019 120 Days: 5/22/2019 AC T I O N RE Q UE S T E D: A motion to continue the Springs at C obblestone Lake sign setback and height variance request to the May 23, 2019, C ity Council meeting. S UM M ARY: Continental 423 Fund, LLC, has requested that consideration by the C ity C ouncil of height and setback variances for a residential monument sign for the Springs at C obblestone Lake multi-family residential development located at 15899 Elmhurst Lane, be continued to the May 23, 2019, City C ouncil meeting. T he proposed sign would be located between the west side of the development, which abuts the Pilot Knob Road right-of-way. T he applicant has submitted a proposal that shows the monument sign with a retaining wall around the sign, to encroach 12 feet into an existing 25-foot wide drainage and utility easement along the east side of Pilot Knob Road. Location within the easement, which is the location of a 24-inch watermain and some private utilities, would eliminate the need for any setback and height variances but would require C ity C ouncil approval of a license agreement to allow for the encroachment. Staff has worked with the applicant to ensure that the proposed location of the sign and retaining wall will not impede the C ity's access to the watermain and the C ity Attorney has prepared a license agreement between the C ity and C ontinental that would allow for the encroachment, subject to conditions. A draft of the license agreement has been forwarded to Continental for their review and comment. As I stated in previous memos, prior to any consideration by the C ity C ouncil of a license agreement, staff would contact utility companies serving this area and the Dakota C ounty Transportation Department, and request that they comment on any potential impact this proposal may have on their use of the drainage and utility easement. We have received comments back from the C ounty, C enter Point Energy, Century Link, and Dakota Electric Association. T he C ounty, C enter Point Energy and C entury Link have no issue with the proposed encroachment. Dakota Electric has some concerns and they will need to be resolved before the agreement can move forward. T he attached letter from the applicant requests that the timeline for this item be extended to the May 23, 2019 C ity Council meeting. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: Applicant L etter I T E M: 4.E . C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A pprove Wetland Delineation f or P roperty L ocated at 12444 P ilot K nob R oad S taff Contact: J ane Byron, Water Quality Technician D epartment / D ivision: Natural R esources Division AC T I O N RE Q UE S T E D: Approve wetland delineation for the Ulrich Property located at 12444 Pilot Knob Rd (PID 10130001012), as summarized in the complete delineation report (No Wetland Determination Report) of D ecember 4, 2018. S UM M ARY: T he C ity received wetland data sheets and maps along with a request to perform a field review prior to submission of the completed delineation report on November 5, 2018. A site visit and field review was completed by Apple Valley on November 8, 2018. Based on the conditions and characteristics found on site, staff believes the wetland delineation and determination that no wetlands occur on site conforms to standards found within the A rmy Corp of Engineers 1987 Wetland D elineation Manual, accompanying supplements and standards of the Minnesota Wetland C onservation Act. T he complete wetland delineation report for the Ulrich Property located at 12444 Pilot Knob Rd, on parcel 010130001012, dated December 4, 2018, was received by Apple Valley on April 1, 2019. T he report was submitted by Kjolhaug Environmental Services C ompany, Inc. on behalf of Synergy Land C ompany, Brent Hislop, Ulrich Family Estate/Trust, and Bruce Ulrich. B AC K G RO UND : A wetland delineation is required by the Minnesota Wetland C onservation Act (WC A) when a project may adversely impact a wetland, primarily by draining or filling a portion of it. A Local Government Unit (LG U) is responsible for administering the program. T he City of Apple Valley is the LG U for projects taking place in Apple Valley. As a part of a potential development of the property, the property owner and their authorized agent, Synergy Land C ompany, had a determination performed that found no wetlands occur on the subject property. T he report lays out the methods used to determine no wetlands are found on site, and the evidence supporting that conclusion. B UD G E T I M PAC T: T his approval has no impact on the C ity budget. AT TAC HM E NT S: Background Material Ulrich Property Apple Valley, Dakota County, Minnesota No Wetland Determination Report Prepared for Ulrich Family Estate/Trust by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2018-169) December 4, 2018 Ulrich Property Apple Valley, Dakota County, Minnesota No Wetland Determination Report TABLE OF CONTENTS Title Page 1. SITE VISIT SUMMARY .................................................................................................. 1 2. OVERVIEW ...................................................................................................................... 2 3. METHODS ........................................................................................................................ 2 4. RESULTS .......................................................................................................................... 3 4.1 Review of NWI, Soils, Public Waters, and NHD Information ....................................... 3 4.2 No Wetland Determination ........................................................................................... 3 4.3 Other Areas .................................................................................................................. 4 4.4 Request for No Wetland and Jurisdictional Determinations ........................................... 4 5. CERTIFICATION OF DELINEATION .......................................................................... 5 TABLES Table 1. Soil Types Mapped on the Ulrich Property ........................................................... 3 FIGURES 1. Site Location 2. Existing Conditions 3. National Wetlands Inventory 4. Soil Survey 5. DNR Public Waters Inventory 6. National Hydrography Dataset APPENDICES A. Joint Application Form for Activities Affecting Water Resources in Minnesota B. Sample Point Data Forms C. Precipitation Data 1 Ulrich Property Apple Valley, Dakota County, Minnesota No Wetland Determination Report 1. SITE VISIT SUMMARY • The 10.92-acre Ulrich Property was inspected on October 24, 2018 for the presence and extent of wetland. • The National Wetlands Inventory (NWI ) map did not show any wetlands within or near the property boundaries. • The soil survey showed that predominantly hydric soil types on and near the property included Quam soils. • The DNR Public Waters Inventory did not show any DNR Public Waters, Wetlands or Public Watercourses within or near the property boundaries. • The National Hydrography Dataset did not show any waterbodies or watercourses within the property boundaries. • No wetlands were identified within the site boundaries during the site visit on October 24, 2018. Ulrich Property No Wetland Determination Report 2 2. OVERVIEW The 10.92-acre Ulrich Property site was inspected on October 24, 2018 for the presence and extent of wetland. The property was located in Section 13, Township 115 North, Range 20 West, City of Apple Valley, Dakota County, Minnesota. The site was situated east of Pilot Knob Road and north of MacAndrews Road (Figure 1). The property corresponded to Dakota County PID 010130001012. The site consisted of a large-lot single-family home and several farm buildings surrounded by manicured lawn and planted coniferous and deciduous trees. The eastern portion of the property consisted of a steeply sloped woodland dominated by bur and red oak, red elm, and green ash trees with an understory of common buckthorn and prickly ash shrubs. Site topography was highest in the eastern portion of the property then sloped steeply downhill to the west. The property was bordered on the west by Pilot Knob Road, on the south by McAndrews Road, on the east and north by Valleywood Golf Course. No wetlands were delineated within the site boundar ies. Sample point locations and existing conditions are shown on Figure 2. Appendix A of this report includes a Jo int Application Form for Activities Affecting Water Resources in Minnesota, which is submitted in request for: (1) a wetland boundary and type determination under the Minnesota Wetland Conservation Act (WCA), and (2) a no wetland determination concurrence under Section 404 of the Federal Clean Water Act. 3. METHODS Wetlands were identified using the Routine Determination method described in the Corps of Engineers Wetlands Delineation Manual (Waterways Experiment Station, 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0) as required under Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. Soils, vegetation, and hydrology were documented at a representative location along the wetland - upland boundary. Plant species dominance was estimated based on the percent aerial or basal coverage visually estimated within a 30-foot radius for trees and vines, a 15-foot radius for the shrub layer, and a 5-foot radius for the herbaceous layer within the community type sampled. Soils were characterized to a minimum depth of 24 inches (unless otherwise noted) using a Munsell Soil Color Book and standard soil texturing methodology. Hydric soil indicators used are from Field Indicators of Hydric Soils in the United States (USDA Natural Resources Conservation Service (NRCS) in cooperation with the National Technical Committee for Hydric Soils, Version 8.1, 2017). Ulrich Property No Wetland Determination Report 3 Mapped soils are separated into five classes based on the composition of hydric components and the Hydric Rating by Map Unit color classes utilized on Web Soil Survey. The five classes include Hydric (100 percent hydric components), Predominantly Hydric (66 to 99 percent hydric components), Partially Hydric (33 to 65 percent hydric components), Predominantly Non-Hydric (1 to 32 percent hydric components), and Non-Hydric (less than one percent hydric components). Plants were identified using standard regional plant keys. Taxonomy and indicator status of plant species was taken from the 2016 National Wetland Plant List (U.S. Army Corps of Engineers 2016. National Wetland Plant List, version 3.3, Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory, Hanover, NH). 4. RESULTS 4.1 Review of NWI, Soils, Public Waters , and NHD Information The National Wetlands Inventory (NWI) (Minnesota Geospatial Commons 2009-2014 and U.S. Fish and Wildlife Service) did not show any wetlands within or near the property boundaries (Figure 3). The Soil Survey (USDA NRCS 2015) showed that predominantly hydric soil types on and near the property included Quam soils. Soil types mapped on the property are listed in Table 1 and a map showing soil types is included in Figure 4. Table 1. Soil Types Mapped on the Ulrich Property Symbol Soil Name Acres % of Area % Hydric Hydric Category 344 Quam silt loam 0.10 0.9 95 Predominantly Hydric 895B Kingsley-Mahtomedi-Spencer complex, 3 to 8 percent slopes 7.13 65.3 0 Non-Hydric 895C Kingsley-Mahtomedi-Spencer complex, 8 to 15 percent slopes 1.41 12.9 0 Non-Hydric 895E Kingsley-Mahtomedi complex, 15 to 25 percent slopes 2.27 20.8 0 Non-Hydric The Minnesota DNR Public Waters Inventory (Minnesota Department of Natural Resources 2015) did not show any DNR Public Waters, Wetlands or Public Watercourses within or near the property boundaries (Figure 5). The National Hydrography Dataset (U.S. Geological Survey 2015) did not show any waterbodies or watercourses within the property boundaries (Figure 6). 4.2 No Wetland Determination Potential wetlands were evaluated during field observatio ns on October 24, 2018. Herbaceous vegetation and crops were actively growing at the ti me of the wetland delineation. Precipitation conditions were within the normal range based on available 30-day rolling total precipitation and Ulrich Property No Wetland Determination Report 4 three-month antecedent precipitation data (Appendix C) and field observations. In the two weeks prior to the site visit, 1.07 inches of rainfall were observed at the nearest weather station. No wetlands were identified on the property (Figure 2). 4.3 Other Areas Other areas were investigated because they were: (1) observed to support a hydrophytic plant community, (2) had visible wetland hydrology indicators, (3) were shown as wetland on the NWI map, or (4) were depressional and mapped as hydric soil. Corresponding data forms are included in Appendix B. Sample Point A (SP-A) was a depression located in the western portion of the site that was dominated by scattered bur oak and red elm trees and green ash saplings and seedlings (Figure 2). The sample area was not shown as wetland on the NWI map and was located in an area mapped as non-hydric soil (Kingsley-Mahtomedi) on the soil survey. Hydric soils were assumed due to the observed thick dark surface and the redox features in the lower portion of the soil profile. No primary wetland hydrology was observed within the borehole and Area A lacked additional secondary indicators such as water stained leaves and watermarks on the adjacent trees. Based on these observations, it would appear this area does not frequently pond water for prolonged periods and would therefore not meet the qualifications for a sparsely concave surface. Due to a lack of wetland hydrology, KES determined Sample Point A to be non-wetland. Sample Point B (SP-B) was a road ditch located in the southwestern portion of the site that was dominated by reed canary grass and smooth brome with lesser amounts of Canada thistle and common milkweed (Figure 2). The sample area was not shown as wetland on the NWI map and was located in an area mapped as non-hydric soil (Kingsley-Mahtomedi-Spencer) and predominantly hydric soil (Quam) on the soil survey. A soil boring showed the sample area lacked hydric soils and primary and two secondary hydrology indicators. A culvert was located in the lowest portion of Sample Point B, which extended to the south underneath MacAndrews Road. Due to a lack of hydric soil and wetland hydrology, KES determined Sample Point B to be non-wetland. No other areas with hydrophytic vegetation or wetland hydro logy were observed on the site. No other areas were shown as hydric soil on the soil survey or as wetland on the NWI map. 4.4 Request for No Wetland and Jurisdictional Determinations Appendix A of this report includes a Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted in request for: (1) a wetland boundary and type determination under the Minnesota Wetland Conservation Act (WCA), and (2) a no wetland determination concurrence under Section 404 o f the Federal Clean Water Act. Ulrich Property No Wetland Determination Report 5 5. CERTIFICATION OF DELINEATION The procedures utilized in the described delineation are based on the U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual as required under Section 404 of the Clean Water Act and the Minne sota Wetland Conservation Act. This no wetland determination report was prepared in compliance with the regulatory standards in place at the time the work was performed. S ite boundaries indicated on figures within this report are approximate and do not constitute an official survey product. Delineation completed by: Andrew Krinke, Ecologist/GIS Specialist Minnesota Certified Wetland Delineator No. 1309 Report prepared by: Andrew Krinke, Ecologist/GIS Specialist Minnesota Certified Wetland Delineator No. 1309 Report reviewed by: ____________________________________ Date: December 4, 2018 Mark Kjolhaug, Professional Wetland Scientist No. 000845 Ulrich Property No Wetland Determination Report FIGURES 1. Site Location 2. Existing Conditions 3. National Wetlands Inventory 4. Soil Survey 5. DNR Protected Waters Inventory 6. National Hydrography Dataset © OpenStreetMap (and) contributors, CC-BY-SA Figure 1 - S ite Location Ulrich Property (KES 2018-169)Apple Valley, Minnesota Note: Boundaries indicatedon this figure are approxim ate and do not constitute an official survey product. ¯0 1,000 Feet Source: ESRI Streets Basemap Site Location 992990988986994996 984 998 9 8 29809789769 7 4 9729 7 0 968966 100096410021004962 10061008960958 101095610121 0 1 4 9541016952101895094810201 0 2 2 94610241026 9 9 6 101210081 0 1 6 10009501 0 0 2 9501006952954954 998 1004952948Figure 2 - Existing Conditions Ulrich Property (KES 2018-169)Apple Valley, Minnesota Note: Boundaries indicatedon this figure are approxim ate and do not constitute an official survey product. ¯0 125 Feet Source: ESRI Streets Basemap Culvert Sam ple Po in t Pro perty Bound ary Dako ta County L id ar SP-A SP-B PEM1A PFO1A PABG PEM1C PFO1A Figure 3 - N ational Wetlands Inventory Ulrich Property (KES 2018-169)Apple Valley, Minnesota Note: Boundaries indicatedon this figure are approxim ate and do not constitute an official survey product. ¯0 200 Feet Source: MNGEO Spatial Commons, U SFWS 895B 895C 895B 896E 344 Figure 4 - S oil Survey Ulrich Property (KES 2018-169)Apple Valley, Minnesota Note: Boundaries indicatedon this figure are approxim ate and do not constitute an official survey product. ¯0 125 Feet Source: MNGEO Spatial Commons, USDA, NRCS Hydric/Pre dominan tly No n-Hydric Prd ominantly Non-Hyd ric/Non-Hydric For soil series information see narrative. Unnamed (19-218 W) Unnamed (19-189 W) Figure 5 - DNR Public Waters Inventory Ulrich Property (KES 2018-169)Apple Valley, Minnesota Note: Boundaries indicatedon this figure are approxim ate and do not constitute an official survey product. ¯0 400 Feet Source: MNGEO Spatial Commons, MN DNR Public Wa ters Public Ditch/Altered Na tural Wa tercourse Public Wa tercourse Figure 6 - N ational Hydrography D ataset Ulrich Property (KES 2018-169)Apple Valley, Minnesota Note: Boundaries indicatedon this figure are approxim ate and do not constitute an official survey product. ¯0 300 Feet Source: MNGEO Spatial Commons, U SGS NHD Waterb ody Lake/Pond Swamp/Marsh Ulrich Property No Wetland Determination Report APPENDIX A Joint Application Form for Activities Affecting Water Resources in Minnesota Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 11 Project Name and/or Number: Ulrich Property (KES 2018-169) PART ONE: Applicant Information If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent’s contact information must also be provided. Applicant/Landowner Name: Ulrich Family Estate/Trust c/o Bruce Ulrich Mailing Address: 7128 Mark Terrace Drive Edina, MN 55439 Phone: (612)-709-4908 E-mail Address: Authorized Contact (do not complete if same as above): Brent Hislop Mailing Address: P.O. Box 67 Excelsior, MN 55331 Phone: (612)-590-0811 E-mail Address: Brent.hislop@SynergyLandCompany.com Agent Name: Andrew Krinke – Kjolhaug Environmental Services Mailing Address: 2500 Shadywood Road, Suite 130, Orono, MN 55331 Phone: (612)-704-6743 E-mail Address: Andrew@kjolhaugenv.com PART TWO: Site Location Information County: Dakota City/Township: Apple Valley Parcel ID and/or Address: 010130001012 Legal Description (Section, Township, Range): S13 T115N R20W Lat/Long (decimal degrees): Attach a map showing the location of the site in relation to local streets, roads, highways. Approximate size of site (acres) or if a linear project, length (feet): 10.92 acres If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform_4345_2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings showing the location, character, and dimensions of all proposed activities and aquatic resource impacts. Minnesota Interagency Water Resource Application Form February 2014 Page 5 of 11 Project Name and/or Number: Ulrich Property (KES 2018-169) Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S. Army Corps of Engineers, St. Paul District (Corps) and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the following (check all that apply): Wetland Type Confirmation Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone, the Corps will not address the jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area (including wetlands, tributaries, lakes, etc.). Preliminary Jurisdictional Determination. A preliminary jurisdictional determination (PJD) is a non-binding written indication from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. Approved Jurisdictional Determination. An approved jurisdictional determination (AJD) is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property. AJDs can generally be relied upon by the affected party for five years. An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LGU to process your request, the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guidelines for Submitting Wetland Delineations in Minnesota (2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx Ulrich Property No Wetland Determination Report APPENDIX B Wetland Delineation Data Forms Project/Site: Slope (%): Are climatic/hydrologic conditions of the site typical for this time of the year? (If no, explain in remarks) Are vegetation , soil significantly disturbed? Are vegetation , soil naturally problematic? SUMMARY OF FINDINGS Hydrophytic vegetation present? Hydric soil present?Is the sampled area within a wetland? Indicators of wetland hydrology present? Remarks: (Explain alternative procedures here or in a separate report.) Dominance Test Worksheet ) 1 (A) 2 3 (B) 4 5 (A/B) =Total Cover Sapling/Shrub stratum )Prevalence Index Worksheet 1 Total % Cover of: 2 OBL species x 1 = 3 FACW species x 2 = 4 FAC species x 3 = 5 FACU species x 4 = =Total Cover UPL species x 5 = Herb stratum )Column totals (A) (B) 1 Prevalence Index = B/A = 2 3 Hydrophytic Vegetation Indicators: 4 Rapid test for hydrophytic vegetation 5 X Dominance test is >50% 6 Prevalence index is ≤3.0* 7 8 9 10 =Total Cover Woody vine stratum ) 1 2 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Number of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: Percent of Dominant Species that are OBL, FACW, or FAC: 45 WETLAND DETERMINATION DATA FORM - Midwest Region City/County: Apple Valley Sampling Date: *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 10/24/2018 Sampling Point: SP-AMN Local relief (concave, convex, none): Concave S13 T115N R20W (If needed, explain any answers in remarks.) None , or hydrology , or hydrology Ulrich Property Hydrophytic vegetation present? (Plot size: 15 4 (Plot size: 15 Tree Stratum (Plot size: 12 24 Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) N 4 3 15 60 75.00% Y 0 Fraxinus pennsylvanica 2 FACW (Plot size: 5 Rhamnus cathartica 2 FAC 10 3.05 59 180 Problematic hydrophytic vegetation* (explain) 0 0 0 0 32 96 Fraxinus pennsylvanica 10 Y FACW Ulmus rubra 15 Y FAC Quercus macrocarpa 15 Y FAC Absolute % Cover30 If yes, optional wetland site ID: Climcatic conditions are wetter than normal based on the gridded database method (3-month antecedent) and was within the normal range based on the 30-day rolling precipitation total. N Quercus rubra 15 Y FACU Dominan t Species Indicator Staus Y Y VEGETATION -- Use scientific names of plants. Are "normal circumstances" present? Yes N Kingsley-Mahtomedi complex NWI Classification: 0 to 2 Lat: Long: Datum: Investigator(s): A. Krinke Landform (hillslope, terrace, etc.): Applicant/Owner: Ulrich Family Estate State: Depression Section, Township, Range: Soil Map Unit Name: US Amy Corps of Engineers Midwest Region Iron-Manganese Masses (F12) (LRR K, L, R) Very Shallow Dark Surface (TF12) X Aquatic Fauna (B13) True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Presence of Reduced Iron (C4) X 42-48 10YR 3/1 90 10YR 4/1 5 D M CL *Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. **Location: PL = Pore Lining, M = Matrix Indicators of wetland hydrology present? Coast Prairie Redox (A16) (LRR K, L, R) Dark Surface (S7) (LRR K, L) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Indicators for Problematic Hydric Soils: Other (explain in remarks) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Secondary Indicators (minimum of two required) Yes FAC-Neutral Test (D5) Iron Deposits (B5) Drift Deposits (B3) (includes capillary fringe) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface (B8) Surface water present? Yes X NoSaturation present? Field Observations: Depth (inches): Thin Muck Surface (C7) N Water table present?Yes No X Depth (inches): 42 Stripped Matrix (S6) Loamy Mucky Mineral (F1) Primary Indicators (minimum of one is required; check all that apply) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) No X Recent Iron Reduction in Tilled Soils (C6) Algal Mat or Crust (B4) Depth (inches): Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Hydric soils appear to be hydric based on thick dark surface and redox features located within the profile. Depth (inches): Sediment Deposits (B2) SOIL Wetland Hydrology Indicators: Saturation (A3) HYDROLOGY Surface Water (A1)Surface Soil Cracks (B6) High Water Table (A2) 2 cm Muck (A10) 5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Histisol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Remarks: Water-Stained Leaves (B9) Oxidized Rhizospheres on Living Roots (C3) Drainage Patterns (B10) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depleted Matrix (F3) Loamy Gleyed Matrix (F2) Gauge or Well Data (D9) Other (Explain in Remarks) Hydric Soil Indicators: Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Remarks: Type: Sandy Mucky Mineral (S1) YHydric soil present? Dry-Season Water Table (C2) Water Marks (B1) 10YR 4/3 5 C M 18-42 10YR 2/1 100 CL 0-18 10YR 2/1 100 L Sampling Point:SP-A Depth (Inches) Matrix Redox Features Texture RemarksColor (moist) % Color (moist) % Type* Loc** US Army Corps of Engineers Midwest Region Project/Site: Slope (%): Are climatic/hydrologic conditions of the site typical for this time of the year? (If no, explain in remarks) Are vegetation , soil significantly disturbed? Are vegetation , soil naturally problematic? SUMMARY OF FINDINGS Hydrophytic vegetation present? Hydric soil present?Is the sampled area within a wetland? Indicators of wetland hydrology present? Remarks: (Explain alternative procedures here or in a separate report.) Dominance Test Worksheet ) 1 (A) 2 3 (B) 4 5 (A/B) =Total Cover Sapling/Shrub stratum )Prevalence Index Worksheet 1 Total % Cover of: 2 OBL species x 1 = 3 FACW species x 2 = 4 FAC species x 3 = 5 FACU species x 4 = =Total Cover UPL species x 5 = Herb stratum )Column totals (A) (B) 1 Prevalence Index = B/A = 2 3 Hydrophytic Vegetation Indicators: 4 Rapid test for hydrophytic vegetation 5 Dominance test is >50% 6 Prevalence index is ≤3.0* 7 8 9 10 =Total Cover Woody vine stratum ) 1 2 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Number of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: Percent of Dominant Species that are OBL, FACW, or FAC: 0 WETLAND DETERMINATION DATA FORM - Midwest Region City/County: Apple Valley Sampling Date: *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 10/24/2018 Sampling Point: SP-BMN Local relief (concave, convex, none): Concave S13 T115N R20W (If needed, explain any answers in remarks.) None , or hydrology , or hydrology X Ulrich Property Hydrophytic vegetation present? (Plot size: 15 105 (Plot size: 15 Tree Stratum (Plot size: FACU 40 80 Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) N 2 1 65 260 50.00% N 0 Cirsium arvense 15 N Asclepias syriaca 10 N FACU Phalaris arundinacea 40 Y FACW (Plot size: 5 Bromus inermis 40 Y FACU 0 3.24 105 340 Problematic hydrophytic vegetation* (explain) 0 0 0 0 0 0 Absolute % Cover30 If yes, optional wetland site ID: Climcatic conditions are wetter than normal based on the gridded database method (3-month antecedent) and was within the normal range based on the 30-day rolling precipitation total. Sample area was located adjacent toa culvert at the lowest elevation of the sample area, hence hydrology is significantly disturbed. N Dominan t Species Indicator Staus N N VEGETATION -- Use scientific names of plants. Are "normal circumstances" present? Yes N Kingsley-Mahtomedi-Spencer complex NWI Classification: 0 to 2 Lat: Long: Datum: Investigator(s): A. Krinke Landform (hillslope, terrace, etc.): Applicant/Owner: Ulrich Family Estate State: Depression Section, Township, Range: Soil Map Unit Name: US Amy Corps of Engineers Midwest Region Iron-Manganese Masses (F12) (LRR K, L, R) Very Shallow Dark Surface (TF12) Aquatic Fauna (B13) True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Presence of Reduced Iron (C4) A culvert was located in the lowest portion of the sample area and extended under the adjacent roadway. Due to the culvery, geomorphic position is not applicable. *Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. **Location: PL = Pore Lining, M = Matrix Indicators of wetland hydrology present? Coast Prairie Redox (A16) (LRR K, L, R) Dark Surface (S7) (LRR K, L) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Indicators for Problematic Hydric Soils: Other (explain in remarks) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Secondary Indicators (minimum of two required) Yes FAC-Neutral Test (D5) Iron Deposits (B5) Drift Deposits (B3) (includes capillary fringe) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface (B8) Surface water present? Yes NoSaturation present? Field Observations: Depth (inches): Thin Muck Surface (C7) N Water table present?Yes No X Depth (inches): X Stripped Matrix (S6) Loamy Mucky Mineral (F1) Primary Indicators (minimum of one is required; check all that apply) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) No X Recent Iron Reduction in Tilled Soils (C6) Algal Mat or Crust (B4) Depth (inches): Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Depth (inches): Sediment Deposits (B2) SOIL Wetland Hydrology Indicators: Saturation (A3) HYDROLOGY Surface Water (A1)Surface Soil Cracks (B6) High Water Table (A2) 2 cm Muck (A10) 5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Histisol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Remarks: Water-Stained Leaves (B9) Oxidized Rhizospheres on Living Roots (C3) Drainage Patterns (B10) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depleted Matrix (F3) Loamy Gleyed Matrix (F2) Gauge or Well Data (D9) Other (Explain in Remarks) Hydric Soil Indicators: Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Remarks: Type: Sandy Mucky Mineral (S1) NHydric soil present? Dry-Season Water Table (C2) Water Marks (B1) 0-24 10YR 4/3 100 L Sampling Point:SP-B Depth (Inches) Matrix Redox Features Texture RemarksColor (moist) % Color (moist) % Type* Loc** US Army Corps of Engineers Midwest Region Ulrich Property No Wetland Determination Report APPENDIX C Precipitation Data Ulrich Property, Apple Valley: Precipitation Summary Source: Minnesota Climatology Working Group Monthly Totals: 2018 Target: T115N R20W S13, Lat: 44.76819 Lon: 93.16640 mon year cc tttN rrW ss nnnn oooooooo pre Jan 2018 19 115N 20W 25 SWCD 2.06 Feb 2018 19 115N 20W 25 SWCD 1.60 Mar 2018 19 115N 20W 25 SWCD 1.90 Apr 2018 19 115N 20W 25 SWCD 3.81 May 2018 19 115N 20W 25 SWCD 4.22 Jun 2018 19 115N 20W 25 SWCD 5.25 Jul 2018 19 115N 20W 25 SWCD 4.30 Aug 2018 70 115N 21W 16 SWCD 2.19 Sep 2018 70 115N 21W 16 SWCD 7.21 Oct 2018 70 115N 21W 16 SWCD 3.33 August/September/October Daily Records Date Precip. Aug 1, 2018 .08 Aug 2, 2018 0 Aug 3, 2018 .43 Aug 4, 2018 .94 Aug 5, 2018 .01 Aug 6, 2018 0 Aug 7, 2018 .01 Aug 8, 2018 0 Aug 9, 2018 0 Aug 10, 2018 0 Aug 11, 2018 0 Aug 12, 2018 0 Aug 13, 2018 0 Aug 14, 2018 0 Aug 15, 2018 0 Aug 16, 2018 0 Aug 17, 2018 0 Aug 18, 2018 0 Aug 19, 2018 0 Aug 20, 2018 0 Aug 21, 2018 0 Aug 22, 2018 0 Aug 23, 2018 0 Aug 24, 2018 .18 Aug 25, 2018 .10 Aug 26, 2018 T Aug 27, 2018 T Aug 28, 2018 .43 Aug 29, 2018 T Aug 30, 2018 T Aug 31, 2018 .01 1981-2010 Summary Statistics Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec WARM ANN WAT 30% 0.52 0.56 1.39 2.14 2.99 3.56 2.83 3.62 2.10 1.34 1.16 0.60 18.11 30.54 29.73 70% 1.18 1.07 2.25 3.28 4.32 5.11 4.37 5.51 4.09 3.27 2.15 1.53 23.72 36.00 35.83 mean 0.94 0.85 1.98 2.77 3.82 4.44 4.37 4.68 3.44 2.65 1.83 1.25 20.75 33.02 32.82 Date Precip. Sep 1, 2018 0 Sep 2, 2018 T Sep 3, 2018 T Sep 4, 2018 .36 Sep 5, 2018 1.22 Sep 6, 2018 0 Sep 7, 2018 0 Sep 8, 2018 0 Sep 9, 2018 0 Sep 10, 2018 0 Sep 11, 2018 0 Sep 12, 2018 0 Sep 13, 2018 0 Sep 14, 2018 0 Sep 15, 2018 0 Sep 16, 2018 0 Sep 17, 2018 .17 Sep 18, 2018 1.39 Sep 19, 2018 .05 Sep 20, 2018 - Sep 21, 2018 - Sep 22, 2018 - Sep 23, 2018 - Sep 24, 2018 3.64 Sep 25, 2018 .38 Sep 26, 2018 0 Sep 27, 2018 0 Sep 28, 2018 0 Sep 29, 2018 0 Sep 30, 2018 0 Date Precip. Oct 1, 2018 .37 Oct 2, 2018 - Oct 3, 2018 - Oct 4, 2018 - Oct 5, 2018 - Oct 6, 2018 - Oct 7, 2018 - Oct 8, 2018 .81 Oct 9, 2018 .47 Oct 10, 2018 1.02 Oct 11, 2018 .05 Oct 12, 2018 T Oct 13, 2018 0 Oct 14, 2018 - Oct 15, 2018 - Oct 16, 2018 - Oct 17, 2018 - Oct 18, 2018 - Oct 19, 2018 - Oct 20, 2018 - Oct 21, 2018 - Oct 22, 2018 - Oct 23, 2018 - Oct 24, 2018 - site visit Oct 25, 2018 - Oct 26, 2018 - Oct 27, 2018 .51 Oct 28, 2018 .10 Oct 29, 2018 0 Oct 30, 2018 0 Oct 31, 2018 0 0 1 2 3 4 5 6 7 8 9 10 7/23/18 8/7/18 8/22/18 9/6/18 9/21/18 10/6/18 10/21/18Daily and monthly total precipitation (inches) monthly precip daily precip 30d rolling total 1st Prior 30 Days2nd Prior 30 Days3rd Prior 30 Days Site Visit Climate Conditions Ulrich Property, Apple Valley Site Visit: 10/24/2018 30 -day rolling total I T E M: 4.F. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: P ass Ordinances A mending Chapter 155 (Z oning) of the C ity Code S taff Contact: K athy Bodmer, A I C P, P lanner D epartment / Division: C ommunity D evelopment Department Applicant: City of Apple Valley P roject Number: P C19-01-Z Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Pass ordinances amending C ity Code Title XV Land Usage, Chapter 155 Zoning related to: 1. Property maintenance and building construction 2. Fences S UM M ARY: Attached are two proposed ordinances amending C hapter 155 Zoning chapter of the A pple Valley City C ode. T he C ity Council reviewed these items at their meeting of March 28, 2019, but the motion did not clearly indicate that three separate ordinances were to be passed by the C ity C ouncil. Attached are the remaining two ordinances to be adopted. Since the City C ouncil previously reviewed and discussed these amendments, the requested action is primarily a housekeeping item. T he two ordinance amendments are needed to bring C hapter 155 into conformance with the provisions of the Minnesota State Building Code (MSBC ). When the MSBC was updated in 2015, certain elements of the MS BC conflicted with some of the provisions of the City C ode Zoning C hapter 155. T he attached ordinances address the conflict. B AC K G RO UND : T he proposed amendments to the zoning code will make the Zoning C ode better align with the provisions of the Minnesota State Building Code (MSBC ). T he following amendments are proposed: 1. Property Maintenance - Building C onstruction Requirements: Sect. 155.360(D)(2) is amended to ensure accessory buildings and structures are constructed and maintained with materials and methods that prevent storm damage, water infiltration and decay. 2. Fences: T he definition of fence (Sect. 155.003) is amended to remove a building permit requirement, and a building permit is now required for fences over seven feet (7') tall [Sect. 155.351(A)]. T his will bring the fence requirements in the Zoning Code in line with the MS BC. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Ordinance Ordinance Ordinance Ordinance CITY OF APPLE VALLEY ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE” BY AMENDING SECTION 155.360 REGARDING PROPERTY MAINTENANCE The City Council of Apple Valley ordains: Section 1. Title XV of the Apple Valley City Code is amended by revising Section 155.360 (D)(2) to read as follows: (2) Exterior of buildings, structures, and accessory structures. (a) General. The exterior of any building, structure, or accessory structure shall be maintained in good repair so as not to pose a threat to the public health, safety, or welfare. All accessory building and structure exterior surfaces shall be constructed and maintained with protective covering or treatment as to protect the surfaces from the weather elements and decay. Exterior wood surfaces shall be protected and maintained with either exterior paint or stain or other protective covering or treatment such as siding. All roofs shall be maintained and properly protected with singles, tin roofing or other products deemed acceptable under the Minnesota State Building Code to provide the building weather-resistant and water tight. For all accessory buildings constructed by conventional methods, the exterior wall surfaces and roof shall have protective covering as is otherwise required for residential homes under the Minnesota State Building Code. Section 2. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 3. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 4. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this ___ day of ________, 2019. _________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE” BY AMENDING SECTION 155.360 REGARDING PROPERTY MAINTENANCE The City Council of Apple Valley ordains: Section 1. Title XV of the Apple Valley City Code is amended by revising Section 155.360 (D)(2) to read as follows: (2) Exterior of buildings, structures, and accessory structures. (a) General. The exterior of any building, structure, or accessory structure shall be maintained in good repair so as not to pose a threat to the public health, safety, or welfare. All accessory building and structure exterior surfaces shall be constructed and maintained with protective covering or treatment as to protect the surfaces from the weather elements and decay. Exterior wood surfaces shall be protected and maintained with either exterior paint or stain or other protective covering or treatment such as siding. All roofs shall be maintained and properly protected with singles, tin roofing or other products deemed acceptable under the Minnesota State Building Code to provide the building weather-resistant and water tight. For all accessory buildings constructed by conventional methods, the exterior wall surfaces and roof shall have protective covering as is otherwise required for residential homes under the Minnesota State Building Code. Section 2. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 3. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 4. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this ___ day of ________, 2019. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE” BY AMENDING CHAPTER 155 REGARDING BUILDING PERMIT REQUIREMENT FOR FENCES IN EXCESS OF SEVEN FEET The City Council of Apple Valley ordains: Section 1. Title XV of the Apple Valley City Code is amended by revising the definition of fence in Section 155.03 to read as follows: FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the required yard. A FENCE in excess of six feet in height shall be subject to a building permit as required by the Minnesota State Building Code. Section 2. Title XV of the Apple Valley City Code is amended by revising Section 155.351(A) to read as follows: (A) Permit required. No person, firm or corporation, except on a farm and related to farming, shall hereafter construct or cause to be constructed or erected any fence, wall or similar barrier in excess of six seven feet in height, as measured from the ground to the top of the fence with an exception of a two-inch ground clearance, without first obtaining a building permit from the city, unless otherwise exempt by the Minnesota State Building Code. Any fence, wall or similar barrier requiring a building permit shall be constructed or erected in accordance with the provisions of the Minnesota State Building Code. Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 4. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 5. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this ___ day of ________, 2019. _________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________ Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE” BY AMENDING CHAPTER 155 REGARDING BUILDING PERMIT REQUIREMENT FOR FENCES IN EXCESS OF SEVEN FEET The City Council of Apple Valley ordains: Section 1. Title XV of the Apple Valley City Code is amended by revising the definition of fence in Section 155.03 to read as follows: FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the required yard. Section 2. Title XV of the Apple Valley City Code is amended by revising Section 155.351(A) to read as follows: (A) Permit required. No person, firm or corporation shall hereafter construct or cause to be constructed or erected any fence, wall or similar barrier in excess of seven feet in height, as measured from the ground to the top of the fence with an exception of a two-inch ground clearance, without first obtaining a building permit from the City, unless otherwise exempt by the Minnesota State Building Code. Any fence, wall or similar barrier requiring a building permit shall be constructed or erected in accordance with the provisions of the Minnesota State Building Code. Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 4. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 5. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this ___ day of ________, 2019. ___________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________ ____________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.G. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A pprove Waiver of Objection to Special A ssessments with Menards, I nc., f or Construction of P ublic I nfrastructure Relating to P roposed P roject 2019-109a, Menards at Hanson Concrete Redevelopment P ublic I mprovements S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Approve Waiver of Objection to Special A ssessments with Menards, Inc., for construction of public infrastructure relating to proposed Project 2019-109a, Menards at Hanson Concrete Redevelopment Public Improvements, subject to final approval by C ity Attorney and C ity Administrator. S UM M ARY: Menards, Inc. has requested that efforts for construction of public infrastructure serving the site proceed prior to their receipt of final approvals for the development. T his would require a Waiver of O bjection to Special Assessments for City staff to pre-order traffic signal component parts which would normally take upwards of 26 weeks to receive if part of a public bid process, and to get Dakota C ounty standard equipment for each item as indicated below: Four (4) traffic signal mast arms, mast arm poles, street light extensions, and transformer bases (all galvanized and factory painted City standard color) One (1) Dakota C ounty standard controller cabinet complete with controller unit and all internal cabinet equipment All other signal components for the 147th Street and J ohnny C ake Ridge Road traffic signal system can be included in the bid package for a contractor providing and installing at the time of award of a public project, including the roadway improvements at this intersection. T he scope of work only covers the following public infrastructure improvements associated with the development at this time: 2019-109 147th Street and J ohnny C ake Ridge Road Intersection Improvements Intersection Improvements including Traffic Signal and added north and south left turn lanes at 147th and J ohnny C ake Ridge Road Price quotes were solicited from the two local traffic signal mast arm pole suppliers in the State of Minnesota and from the local supplier that provides Dakota C ounty recommended materials and electrical equipment. B AC K G RO UND : In 2017, the C ity received a $250,000 Redevelopment Incentive G rant (RIG) from the Dakota County Community Development Agency (C D A ), which will be used for the 147th Street and J ohnny Cake Ridge Road intersection improvements associated with the agreement. T he grant agreement requires that the funds be spent by November 2019. On November 15, 2018, City Council approved the following items as they relate to the redevelopment of the Hanson Property: 1. Approve Preliminary Plan Development Agreement with Menard, Inc. 2. Approve Design Agreement with Menard, Inc., for Design Services of Public Infrastructure 3. Adopt Resolution Approving Re-designation of Lot 1, Block 1, Menards at Hanson Concrete Preliminary Plat from “IN D” (Industrial) to “C” (C ommercial) on 2030 Comprehensive Plan Land Use Map 4. Pass Ordinance Rezoning Lots 1 and 2, Block 1, and Outlots A-D, Menards at Hanson Concrete, Preliminary Plat from “I-2” (General Industrial) to “PD ” (Planned Development) 5. Pass Planned Development O rdinance Codifying the Uses, Performance Standards, and Area Requirements for the Planned Development (Recommend waiving second reading) 6. Adopt Resolution Approving Preliminary Plat 7. Adopt Resolution Approving Site Plan/Building Permit Authorization to Allow for Construction of 206,209-Sq. Ft. Menards Store and 48,970-Sq. Ft. Warehouse on Lot 1, Block 1, Menards at Hanson C oncrete B UD G E T I M PAC T: All costs associated with this work would be paid by Menard’s, Inc. as part of this agreement. AT TAC HM E NT S: Agreement Quotation Waiver of Objection to Special Assessments This Agreement and Waiver of Assessment Appeal (the "Agreement") is entered by and between the City of Apple Valley, Minnesota (the "City"), a Minnesota municipal corporation, and Menard, Inc., a Wisconsin corporation ("Owner"), as of the date of its complete execution. RECITALS WHEREAS, the Owner is the fee owner of certain real property located at 6055 l50th Street West in the City of Apple Valley, PID No. 01-02605-10-020, legally described on Exhibit A, attached hereto (the "Property"); WHEREAS, the City has been asked by the Owner to undertake various public improvements that benefit the Property, including road improvements with a new traffic signal at the intersection of 147th Street west and Johnny Cake Ridge Road as identified in City Public Improvement Proj ect 20 19 -109 (the "Proj ect") ; WHEREAS, in order to timely deliver the Project for the Owner, the City needs to pre- order the following materials for the Project: mast arms; light extensions; transformer bases; and controller cabinet (the "Materials") and the Owner has agreed to assume the cost of the Materials as an assessment, the assessment being a portion of the Owner's commitment to contribute to the overall cost of the Project; and WHEREAS, the City proposes to levy a special assessment on the Property, associated with the Materials, in the principal amount of $90,387.00 ("Initial Special Assessment Amount") payable over 5 years together with interest at the rate of 5Yo per year with the first installments due and payable in2020. NOW' THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Owner hereby covenant, and agree as follows: 1. Up FnoNr PavuBNr roR Wom. City agrees to front the costs to acquire the Materials (the City's acquisition of the Materials is identified as Project 2019-1094, the Materials will be used in the Project, which will be subsequentlybid) that the parties agree benefit the Property. The parties agree that the benefit to the Property is equal to or exceeds the Initial Special Assessment Amount. 2. RspavN¡sNr eNIp AssessN4pNr. The Owner shall repay the Initial Special Assessment Amount through a special assessment to be levied by the Apple Valley City Council over a period of five (5) years together with five percent (5%) interest per year on the unpaid principal balance. The fust installments shall be due and payable in 2020. Owner will have the option to pay the Initial Special Assessment, without interest, for a period of thirty (30) days following the City's Council levying the assessment and certifying the assessment to Dakota County for collection. 3. OwNsR's Covtwrv¡Nr. Owner agrees and acknowledges that the Initial Special Assessment Amount comprises a portion of the Owner's financial responsibility to the cost of the Project. Owner's responsibility toward the cost for the Project is estimated to be $1,462,500. The Initial Special Assessment Amount will be credited toward the Owner's financial responsibility for the Project. 4. SunoIvlsIoN on Pnop¡nrv. If the Owner chooses to subdivide the Property, the unpaid Initial Special Assessment Amount remaining due and payable at the time of subdivision shall be allocated to the lot in the subdivision upon which the Menards store will be located (Lot I of the proposed plat of Menards at Hanson Concrete.) 5. WelvBn or Os¡¡crlox on App¡¡L (MrNN. Srar. ö 429.081). The Owner hereby accepts the Initial Special Assessment Amount for the Work to be levied against the Property in repayment to the City. The Owner hereby waives the right to object or to appeal the assessment pursuant to Minn. Stat. $ 429.08L 6. AttonNBvs'FBns axo ExpeNs¡s. If the City is required to defend the terms of this Agreement or if the Owner breaches this Agreement, the Owner shall reimburse the City for all attomey's fees and costs associated with any such breach. 7. Govnn¡¡rNc Law. This Agreement will be construed and enforced in accordance with the laws of the State of Minnesota. 8. Ssv¡Rannttv. To the extent any provision or part of this Agreement is void or otherwise adjudicated to be void or contrary to the law, it is the intention of the Parties that the rest of the Agreement shall be effective and remain a binding agteement. 9. Welvnn. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. 10. V/IluuI- aNo KNowrNc. Each party has signed this Agreement willingly and further agree and warrant that each has carefully read this Agreement and understands it. 1 l. Cotr¿pI-er¡ aNIo Bn{olxc AcREsN¡Bltr. The Parties agree this Agreement memorializes the entire agreement by and between the Parties with respect to the matters set forth herein, is binding on the Parties, their heirs, successors and assigns. The Parties also agree that there are no other claims, understandings, promises, or representations, either written or oral, by and between them with respect to matters in this Agreement. IN WITNESS WHEREOF, the Parties agree to all the terms and provisions contained herein. [Signature pages to follow.] DATED: Ll /tq lnt ts¿a.nJ<r*l STATE OF lv{ÐÞESOåA ) )ss COUNTY OF €îu(,¿^etzç ) onthis 76t"^ Signature page for Owner Menard,Inc. A J Its: Real Estate Manager auy of ,4f¡ ( .2019 before me a Notary By: Public within and for said County, personally appeared Theron J. Berg to me personally known, who being duly sworn did say that he is the Real Estate Manager of the corporation named in the foregoing instrument and that the Manager acknowledged the instrument to be the free act and deed of the corporation. NotaryPublic Siguature page for City Cityof Apple Valley Date By: Mary Hamann-Roland, Mayor ATTEST: Date By: Pamela J. Gackstetter, City Clerk STATE OF MTNNESOTA ) )ss CoUNTYOFDAKOTA ) On this day of 2019, before me a Notary Public within and for said County, personally appeared Mary Hamann-Roland, Mayor of City of Apple Valle¡ and Pamela J. Gackstetter, City Clerk, City of Apple Valley. NotaryPublic EXHIBIT A A parcel of land located in the East Yz of the Southwest %, of Section 26, Township 1 15, Range 2},Dakota County, Minnesota, more particularly described as follows: Beginning at the South Quarter Corner of said Section 261' thence North 00 Degrees 05 Minutes 31 Seconds East along the East line of said EastYz of the Southwest % a distance of 1586.10 feet; thence South 87 Degrees 58 Minutes 20 Seconds West a distance of 829.80 feet; thence South 01 Degrees 30 Minutes 02 Seconds West a distance of 130.74 feet; thence North 88 degrees 07 Minutes 51 Seconds West a distance of 186.54 feet; thence North 07 Degrees 15 Minutes 43 Seconds East a distance of 67.83 feet; thence North 62 Degrees 51 Minutes 56 Seconds East a distance of 78.22 feet; thence North 12 Degrees 10 Minutes 10 Seconds East a distance of 420.37 feet to the Centerline of an Easement Acquisition Agreement recorded as Document No. 2820793; thence along said Centerline 386.19 feet along the arc of a curve concave southerlyhaving a Radius of 2045 feet, bearing South 78 Degrees 54 Minutes 36 Seconds West chord distance of 385.62 feet; thence along said Centerline South 73 Degrees 30 Minutes 00 Seconds West a distance of 101.63 feet to the West line of the said East Yz of the Southwest Ye; thence South 00 Degrees 02 Minutes 52 Seconds East along the said West line of the EastYz of the Southwest % a distance of 1846.32 feet to the South line of said East Y, of the Southwest t/c; thence North 89 Degrees 51 Minutes 19 Seconds East along the South line of said East Yz of the South West % a distance of 1324.10 feet to the point of beginning and there terminating, being subject to the road Right of Way of Johnny Cake Ridge Road and C.S.A.H. 42 (150thst West). I T E M: 4.H. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A pprove P urchase of Traffic S ignal Controller C abinet and Controller Unit R elating to Proposed P roject 2019-109a, Menards at Hanson Concrete Redevelopment P ublic I mprovements S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Approve advance purchase of Traffic Signal C ontroller C abinet and Controller Unit in the amount of $26,945.90 from Traffic C ontrol C orporation, contingent on execution of Waiver of Objection to Special Assessments with Menards, Inc., for construction of public infrastructure relating to proposed Project 2019-109a, Menards at Hanson Concrete Redevelopment Public Improvements. S UM M ARY: Menards, Inc. has requested that efforts for construction of public infrastructure serving the site proceed prior to their receipt of final approvals for the development and has agreed to waive their objection right in order to pay for their portion of signal components. C ity staff plans to pre-order traffic signal component parts which normally take upwards of 26 weeks to receive if part of a public bid process, and to get D akota C ounty standard equipment for each item as indicated below: One (1) Dakota C ounty standard controller cabinet complete with controller unit and all internal cabinet equipment All other signal components for the 147th Street and J ohnny C ake Ridge Road traffic signal system can be included in the bid package for a contractor providing and installing at the time of award of a public project, including the roadway improvements at this intersection. Price quotes were solicited from the local supplier that provides these Dakota C ounty recommended materials and electrical equipment (Traffic C ontrol C orporation). Attached is a copy of the detailed price quote. B AC K G RO UND : In 2017, the C ity received a $250,000 Redevelopment Incentive G rant (RIG) from the Dakota County Community Development Agency (C D A ), which will be used for the 147th Street and J ohnny Cake Ridge Road intersection improvements associated with the agreement. T he grant agreement requires that the funds be spent by November 2019. At the November 15, 2018, C ity Council approved the following items as they relate to the redevelopment of the Hanson Property: 1. Approve Preliminary Plan Development Agreement with Menard, Inc. 2. Approve Design Agreement with Menard, Inc., for Design Services of Public Infrastructure 3. Adopt Resolution Approving Re-designation of Lot 1, Block 1, Menards at Hanson Concrete Preliminary Plat from “IN D” (Industrial) to “C” (C ommercial) on 2030 Comprehensive Plan Land Use Map 4. Pass Ordinance Rezoning Lots 1 and 2, Block 1, and Outlots A-D, Menards at Hanson Concrete, Preliminary Plat from “I-2” (General Industrial) to “PD ” (Planned Development) 5. Pass Planned Development O rdinance Codifying the Uses, Performance Standards, and Area Requirements for the Planned Development (Recommend waiving second reading) 6. Adopt Resolution Approving Preliminary Plat 7. Adopt Resolution Approving Site Plan/Building Permit Authorization to Allow for Construction of 206,209-Sq. Ft. Menards Store and 48,970-Sq. Ft. Warehouse on Lot 1, Block 1, Menards at Hanson C oncrete B UD G E T I M PAC T: All costs associated with this work would be paid by Menard’s, Inc. contingent on execution of Waiver of O bjection to Special Assessments. AT TAC HM E NT S: Quotation _it.. SEH Building a Better World for All of Us® April 15, 2019 Mr. Brandon S. Anderson, PE City Engineer City of Apple Valley 7100 14 7th Street West Apple Valley, Minnesota 55124 Dear Brandon: RE: Apple Valley, Minnesota Signal Materials Ordering Johnny Cake Ridge Road at 14 7th Street/Upper 14 7th Street SEH No. APPLE 149344 This letter is intended to outline for you the information needed for the City of Apple Valley to purchase a new traffic signal controller cabinet and controller unit, for the new signal system installation at the intersection of Johnny Cake Ridge Road and 14 7th Street West/Upper 14 7th Street West. By purchasing these items, the City can: • Save contactor markup for providing these items, • Ensure that these materials are Dakota County approved and will meet their requirements for signal maintenance and operation of these materials. As requested, SEH solicited a price quote from the local supplier that provides these County recommended materials and electrical equipment (Traffic Control Corporation). The supplier provided us with a price quote for these materials on April 11, 2019, and a copy of their detailed price quote is attached to this letter for your information and records. Enclosed with this letter is a sample letter (hard and disk copy) that the City can use to advance purchase these items for the new signal system. The sample cover letter has been compiled to detail the specific equipment that needs to be advance ordered from Traffic Control Corporation. The cover letter can be used as shown or modified as you see fit, adding the City's letterhead to the letter. The City will need to issue a purchase order to Traffic Control Corporation for these materials. Engineers Architects I Planners I Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive. St. Paul, MN 55110 -5196 SEH is 100% employee -owned I sehinc.c om I 651.490 .2000 I 800.325.2055 I 888.908.8166 fax Mr. Brandon S. Anderson, P E April 15 , 2019 Page 2 The prices shown on the cover letter are the prices quoted directly from Traffic Control Corporation for these items. These prices do not include sales tax , as we were unsure whether the City was able to tax-exempt order these items. Please feel free to call me if y ou have any comments or questions re garding the above-mentioned information, or if you need further assistance on the project ( 651.490.2073 ). Sincerely, SHORT ELLIOTT HENDRICKSON INC . ~tt1-/fr John M . Gray, P E Project E ngineer Jmg Enclosures c: Dakota County Highway Department (Jan Rybar, Ken Raway) Jodie Scheidt, City of Apple Valley David Hutton, SEH TRAFFIC CONTROL CORPORATION 5651 MEMORIAL AVENUE OAK PARK HEIGHTS , MN 55082 P: 651 -439-1737 F 65 1-4 39-03 11 QUOTATION To 10908 APPLE VALLEY, CITY OF 7100147TH STREETW APPLE VALLEY MN 55124 -9016 USA Number 626635 Page 1 of 1 Quote Date 4/10/2019 Expires 7/9/2019 Attn Email Phone Terms NET 30 BASED ON APPROVED CREDIT FOB DESTINATION-FRT INCLUDED Salesperson ALLEN EISINGER Fax Email aeisinger@trafficcontrolcorp.com Location APPLE VALLEY Letting Date Book/Call/Item Contract No Description JOHNNY CAKE RIDGE ROAD AT 147THS ST W CABINEl & SWITCH DELIVERY IS 6-8 WEEKS AFTER ORDER RELEASE Part Number Descri tion JOHNNY CAKE RIDGE ROAD AT 147TH ST W Unit Price Qty/UM 15 ,350 .00 1.00 EA 77' ECONOLITE ALUM NATURAL CAB INET, 16 POSITION TS2 , 2 DETECTOR RACKS , 4 BIUS , CABINET POWER SUPPLY , 1 FL , SET UP FOR FYA , 3604 DATA BASE AND 80 POSITION FUSE BLOCK F51674 3,650.00 1.00 EA (504) CONTROLLER , COBALT , G , TYPE 2 , DATA KEY , 6 YEAR WARRANTY : ECONOLITE, COB21120110000 W/ COBEW6YR F78272 1,119 .00 1.00 EA ENHANCED TS2 SMART MONITOR: RENO , MMU2-1600GE F74868 30 .80 18 .00 EA LOAD SWITCH SOLID STATE : RENO , LS-200 F11771 240 .00 10 .00 EA DETECTOR , 2 CH RACK MOUNT, TS 1 / TS 2 TYPE , SOLID STATE OUTPUTS: RENO , C-1200-SS GATOR PATCH G620UN12FRB-32-0 MJ2M012FRS-3-0 CISCO IE-3000-8TC SWITCH PWR-IE50W-AC POWER SUPPLY 832 .50 1.00 EA 3 ,040 .00 1.00 EA 2 GLC-LH-SM -RGD CISCO COMPATABLE SFP 1000BASE-LX/LH (LC) EXT TEMP 1310NM 10KM 2 LC -LC SM FO JUMPERS 2 M 5 CATV CABLE 7' Item Total Net Price 15 ,350 .00 3 ,650 .00 1,119 .00 554.40 2 ,400.00 832 .50 3 ,040 .00 26,945.90 Pricing does not include applicabl e sales taxes. If order is to be exempt sales tax, documentation must be provided at time of order. Additional terms may apply. Review our full Terms & Conditions of Sale at www.trafficcontrolcorp.com. April 15, 2 01 9 RE: A ppl e Valley, Minnesota S ign a l Material s O rd ering Johnny Cake Rid ge Road at 147 th Street/Uppe r 14?11 Street Mr. Allen J . E is in ger Traffic Co ntrol Corporati on 565 1 Memorial A ve nu e Oak P ark H e ights, Minnesota 55 08 2 Dear Mr. E isinger : Please co nsid er thi s letter to be a purc hase order fo r traffic s ignal materials and e lectrica l eq uipm e nt, for a new traffic signa l install at io n at the intersection of Johnny Cake Ridge Road an d 147 th Street West/Upper 147th Street West. The purc hase ord er includ es the fo ll owin g items as per yo ur price quotation to John Gray of SEH on April 11 , 2 019 (co py attache d for yo ur inform at ion): 1. One (1) NEMA TS2 Dakota County stand ard traffic s igna l contro ll er cabin et (natura l a luminum fini sh). Inte rn a l e quipm e nt includ es but is not limi te d to : • Fo ur (4) sets of anchor rods, nuts and washers to mount traffic signa l cab in et on a new co ncrete foundat ion . • One (1) 4-sect ion rubber gas ket. • A ll req uired load sw it ches , loo p detector rac ks, 2-ch ann e l rack mounted loop detector a mplifi er cards, Malfunction Man agement Unit (MMU), fuse pane ls, Bills, cab in et power s upply , TR, fl asher, and a ll required fu se bl ocks to accommo date the proposed phasing/operation of this revised s ignal system . • A ll cabinet w irin g di agram s, manuals , shop drawin gs , and ass istance durin g set up a nd start up to ens ur e that the new co ntro ll er cabin et is made o perational by an e lectrical co ntracto r to be determin ed as we ll as through the Dakota County Highway Department. 2 . One (1 ) Co ba lt G Type 2 co nt ro ll e r unit with a ll required h arnesses , D connectors , cables , EVP pane ls, fiber optic interconnect pane ls and cab les , Eth ernet switc h, Ethe rn et cab les and harnesses , HTR, data key, equipme nt required for fla sh in g ye llo w a rro w indi cat ions , a nd a ll other it ems as necessary for co mpl et e con t ro ll er operati on. 3. One (1) fi ber-opt ic interconnect gator patch . Mr. A ll e n J . Eis in ger April 15 , 2 0 19 Page 2 Total Price Quoted: $2 6 ,945.90 Upo n receipt of this o rd er, please forward the app l icable a nd a ppropri ate shop drawings for these items to the attention of John Gray at SEH (3535 Vad nai s Center Drive, St. Paul , MN 55 110). John wi ll review these d raw in gs on behalf of the C ity a nd wi l I return approved drawings for your use in fa bri cati on of these item s. A ll it ems sha ll be de li vered t o the Apple Vall ey Ce ntral Maintenance Faci liti es Building (6442 West 140th Street, A pple Valley MN 55 124) for the City t o acce pt de li very of m aterial s an d forwar d eq uipm ent on to the appropriate agency (Dakota Co un ty). It is desired to have th ese materials b e availab le fo r de li very a nd in stall atio n at th e intersection as soon as poss ibl e for a s ummer 201 9 in stallation and s ign a l tum-on, and thu s yo ur imm ed iate attenti o n to this matter is greatl y appreciated . Your he lp in fac ilitat in g de li very of th ese items, fo r in sta llati on by oth ers at the s igna l system in th e summer of th is year , is greatly appreciated . If yo u have any qu est ion s, feel free to call either John Gray of SEH at 651.490.2073 , or me at 952.953 .2490 Since re ly , City of A pple Valley Brandon S. Anderson, P E C ity E ngi neer c : Dakota County Highway Department (Jan Ry ba r, Ken R away) John Gray, SEH I T E M: 4.I . C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A pprove P urchase of Traffic S ignal S ystem Materials and E lectrical E quipment R elating to P roposed P roject 2019-109a, Menards at Hanson Concrete Redevelopment P ublic I mprovements S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Approve A dvance Purchase of Traffic Signal System Materials and Electrical Equipment in the amount of $63,441.00 from Millerbend Manufacturing, contingent on execution of Waiver of Objection to Special Assessments with Menards, Inc., for construction of public infrastructure relating to proposed Project 2019-109a, Menards at Hanson Concrete Redevelopment Public Improvements. S UM M ARY: Menards, Inc. has requested that efforts for construction of public infrastructure serving the site proceed prior to their receipt of final approvals for the development and has agreed to waive their objection right in order to pay for their portion of signal components. C ity staff plans to pre-order traffic signal component parts which normally take upwards of 26 weeks to receive if part of a public bid process, and to get D akota C ounty standard equipment for each item as indicated below: Four (4) traffic signal mast arms, mast arm poles, street light extensions, and transformer bases (all galvanized and factory painted City standard color - Black) All other signal components for the 147th Street and J ohnny C ake Ridge Road traffic signal system can be included in the bid package for a contractor providing and installing at the time of award of a public project, including the roadway improvements at this intersection. Price quotes were solicited from the two local traffic signal mast arm pole suppliers in the State of Minnesota for a total of four (4) new traffic signal mast arms and poles. Attached is a copy of the detailed price quotes. B AC K G RO UND : In 2017, the C ity received a $250,000 Redevelopment Incentive G rant (RIG) from the Dakota County Community Development Agency (C D A ), which will be used for the 147th Street and J ohnny Cake Ridge Road intersection improvements associated with the agreement. T he grant agreement requires that the funds be spent by November 2019. At the November 15, 2018, C ity Council approved the following items as they relate to the redevelopment of the H anson P roperty: 1. Approve Preliminary Plan Development Agreement with Menard, Inc. 2. Approve Design Agreement with Menard, Inc., for Design Services of Public Infrastructure 3. Adopt Resolution Approving Re-designation of Lot 1, Block 1, Menards at Hanson Concrete Preliminary Plat from “IN D” (Industrial) to “C” (C ommercial) on 2030 Comprehensive Plan Land Use Map 4. Pass Ordinance Rezoning Lots 1 and 2, Block 1, and Outlots A-D, Menards at Hanson Concrete, Preliminary Plat from “I-2” (General Industrial) to “PD ” (Planned Development) 5. Pass Planned Development O rdinance Codifying the Uses, Performance Standards, and Area Requirements for the Planned Development (Recommend waiving second reading) 6. Adopt Resolution Approving Preliminary Plat 7. Adopt Resolution Approving Site Plan/Building Permit Authorization to Allow for Construction of 206,209-Sq. Ft. Menards Store and 48,970-Sq. Ft. Warehouse on Lot 1, Block 1, Menards at Hanson C oncrete B UD G E T I M PAC T: All costs associated with this work would be paid by Menard’s, Inc. contingent on execution of Waiver of O bjection to Special Assessments. AT TAC HM E NT S: Quotation I T E M: 4.J . C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A dopt Resolution Awarding Agreement f or P roject 2019-103, 2019 Micro Surfacing S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution awarding agreement for Project 2019-103, 2019 Micro Surfacing, to Asphalt Surface Technologies Corporation, in the amount $404,184.59. S UM M ARY: On A pril 16, 2019, two (2) bids were received for the 2019 Micro Surfacing project as described within the attached bid tabulation. Base Bids ranged from $404,184.59 to $500,564.42. Asphalt Surface Technologies C orporation submitted the low bid in the amount of $404,184.59. T he low bid was $5,815.41 under the Engineers estimate of $410,000.00. A standard C ity agreement will be utilized for this project. B AC K G RO UND : City C ouncil adopted Resolution 2018-135 on September 13, 2018, directing the preparation of plans and specifications for Project 2019-103, 2019 Micro Surfacing. On March 14, 2019, C ity C ouncil adopted Resolution 2019-35, approving plans and specifications and directing receipt of sealed bids for Project 2019-103, 2019 Micro Surfacing. T he C ity of Apple Valley 2019 C apital Improvement Program identifies $583,000 for street preservation in the form of micro surfacing and crack sealing. It’s anticipated that approximately 99,000 square yards of street will be micro surfaced including portions of the following neighborhoods and streets: Diamond Path Additions 153rd Street W from Garret Avenue to Pennock Lane 157th Street W from Harmony Way to Garden View Drive T he locations of the proposed improvements are identified on the attached map (Figure: 1). B UD G E T I M PAC T: Project costs and funding included in the adopted 2019 operating budget are summarized as follows: Estimated Project C osts: Estimated Awarded C osts C onstruction C ost $ 410,000.00 $ 404,184.59 C onstruction C ontingency 20,000.00 20,000.00 Engineering Design 15,000.00 15,000.00 Inspections 15,000.00 15,000.00 Total Estimated Cost $ 460,000.00 $ 454,184.59 Estimated Project Funding Municipal State Aid Maintenance $ 460,000.00 $ 454,184.59 Total Estimated Funding $ 460,000.00 $ 454,184.59 AT TAC HM E NT S: Map R esolution Exhibit 2.. 160th Street 150th Street 140th Street McAndrews Road Pilot Knob RoadFlagstaff AvenueCedar AvenueGarden View Drive2019 Micro Surfacing Figure 1 City of Apple Valley 2019 Capital Improvement Program Areas FEETSCALE 0 30001500 TYPE N 153RD ST W DIAMOND PATH ADDITIONS 157TH ST W CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2019-103 2019 MICRO SURFACING WHEREAS, pursuant to an advertisement for bids for improvements identified as Project 2019-103, 2019 Micro Surfacing, bids were received, opened and tabulated according to law and the following bids were received complying with the advertisement: (Tabulation attached as Exhibit A), and; WHEREAS, it appears Asphalt Surface Technologies Corporation is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with Asphalt Surface Technologies Corporation, for its base bid in the amount of $404,184.59 for the completion of Project 2019-103 according to the plans and specifications heretofore approved by the Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. ADOPTED this 9th day of May, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk ••• •••• ·•:•:•:•· APP.le II Va ey Project Name : 2019 Micro Surfacing I hereby certify that this is an exact City Project No.:_2_0_19_-_10_3 ___________ _ reproduction of bids received. Bid Opening: Tuesday, April 16, 2019 , at 10 :00 A.M ., C.S.T. Owner: City of Apple Valley BID TABULATION No. Item Unit Est. Quantity 1 MOBILIZATION LS 1 $ 2 TRAFFIC CONTROL LS 1 $ 3 REMOVE PAVEMENT MARKINGS -4" LINES LF 19,879 $ 4 REMOVE PAVEMENT MARKINGS -12" LINES LF 1,065 $ 5 REMOVE PAVEMENT MARKINGS -24" LINES LF 448 $ REMOVE .PAVEMENT MESSAGE -LEFT ARROW 6 AND RIGHT ARROW SF 912 $ REMOVE PAVEMENT MESSAGE -LEFT TURN THROUGH ARROW - RIGHT TURN THROUGH ARROW 7 SF 570 $ 8 REMOVE PAVEMENT MESSAGE -THROUGH ARROW SF 210 $ ADJUST MANHOLE CASTING-CAST IRON MANHOLE 9 ADJUSTMENT RING, NEENAH R-1979 SERIES EA 7 $ 10 BITUMINOUS MATERIAL FOR MICRO-SURFACING GAL 36,879 $ MIRCO-SURFACING SURFACE COURSE (MNDOT 11 TYPE 2 AGGREGATE MODIFIED) TN 1,106 $ Bidder No.1 Asphalt Surface Technologies Corporation Unit Price Total Price 28,000.00 $ 28,000.00 $ 15,000.00 $ 15,000.00 $ 0 .63 $ 12,523 .77 $ 1.84 $ 1,959 .60 $ 3.62 $ 1,621.76 $ 3 .62 $ 3,301.44 $ 3 .62 $ 2,063 .40 $ 3.62 $ 760.20 $ 825 .00 $ 5,775.00 $ 2 .96 $ 109,161.84 $ 187.00 $ 206,822 .00 $ Page 1 Brandon Anderson, P.E.~ Registration No. 43332 Bidder No. 2 Fahrner Asphalt Sealers LLC Unit Price Total Price 28,500.00 $ 28,500 .00 37,000.00 $ 37,000.00 0.56 $ 11,132.24 1.68 $ 1,789.20 3 .36 $ 1,505 .28 4 .50 $ 4 ,104.00 5 .00 $ 2,850.00 4.50 $ 945.00 350.00 $ 2,450.00 5.40 $ 199,146.60 180.10 $ 199,190.60 ENGINEERS ESTIMATE Unit Price Total Price $28,000.00 $ 28,000.00 $25,000.00 $ 25,000.00 $0.80 $ 15,903 .20 $2 .00 $ 2,130.00 $4.25 $ 1,904.00 $2.00 $ 1,824.00 $2.00 $ 1,140.00 $3 .00 $ 630 .00 $750.00 $ 5,250.00 $3.50 $ 129,076.50 $156.00 $ 172,536.00 No. Item Unit Est. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price 12 4" DOUBLE SOLID LINE, YELLOW LF 20,052 $ 0 .31 $ 6,216 .12 $ 0 .20 $ 4,010.40 $0.45 $ 9,023.40 13 4" SOLID LINE, YELLOW LF 3,446 $ 0 .16 $ 551.36 $ 0 .20 $ 689 .20 $0.60 $ 2,067.60 14 4" SOLID LINE , WHITE LF 16,260 $ 0 .16 $ 2,601.60 $ 0 .18 $ 2,926.80 $0.60 $ 9,756 .00 15 12" SOLID LINE , WHITE LF 2,130 $ 1.75 $ 3,727.50 $ 0 .80 $ 1,704.00 $1.60 $ 3,408 .00 16 24" SOLID LINE , WHITE LF 604 $ 2.95 $ 1,781.80 $ 1.60 $ 966 .40 $1.80 $ 1,087.20 17 24 " SOLID LINE , YELLOW LF 292 $ 2.95 $ 861.40 $ 1.60 $ 467 .20 $1.80 $ 525 .60 PAVEMENT MESSAGE -LEFT AND RIGHT ARROW - 18 WHITE SF 270 $ 2.90 $ 783 .00 $ 2 .25 $ 607 .50 $12 .35 $ 3,334.50 PAVEMENT MASSAGE-RIGHT THROUGH ARROW- 19 WHITE SF 160 $ 2 .90 $ 464.00 $ 2.50 $ 400.00 $8.00 $ 1,280.00 PAVEMENT MASSAGE-THROUGH ARROW- 20 WHITE SF 72 $ 2.90 $ 208 .80 $ 2.50 $ 180.00 $9 .00 $ 648 .00 TOTAL BID $ 404,184.59 $ 500,564.42 $ 414,524.00 Asphalt Surface Technologies Company Corporation Fahrner Asphalt Sealers LLC Address PO Box 1025 6615 US Hwy 12 W St Cloud MN 56302 Eau Claire W I 54703 Phone 320-363-8500 715-874-6070 Representative Dale R. Strandberg Kev in Kruckow Title Vice President Vice Pres ident Bid Bond 5 .00% 5 .00% Page 2 I T E M: 4.K . C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A dopt Resolution Awarding Agreement f or P roject 2018-133, Cobblestone Manor (A L -P3) S tormwater I mprovements for A limagnet L ake S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution awarding agreement for Project 2018-133, C obblestone Manor (A L-P3) Stormwater Improvements for Alimagnet Lake, to Standard Contracting, Incorporated, in the amount $204,019.50. S UM M ARY: On April 23, 2019, six (6) bids were received for the Cobblestone Manor (A L-P3) Stormwater Improvements for A limagnet Lake project as described within the attached bid tabulation. Base Bids ranged from $204,019.50 to $327,312.00. Standard C ontracting, Incorporated, submitted the low bid in the amount of $204,019.50. T he low bid was $20,980.50 under the Engineers estimate of $225,000.00. A standard C ity agreement will be utilized for this project. B AC K G RO UND : Vermillion River Watershed J oint Powers Organization finalized a Subwatershed assessment for Alimagnet Lake in April 2016 which outlined recommended improvements. T he C ity C ouncil adopted Resolution 2018-57 on May 10, 2018, directing the preparation of plans and specifications for Project 2018-133, C obblestone Manor (A L-P3) Stormwater Improvements for Alimagnet Lake. On March 28, 2019, C ity C ouncil adopted Resolution 2019-42, approving plans and specifications and directing receipt of sealed bids for Project 2018-133, Cobblestone Manor (A L-P3) Stormwater Improvements for A limagnet Lake. T he C ity of A pple Valley 2017-2021 C apital Improvement Program identifies Storm water Improvements at the following location: Cobblestone Manor (A L-P3) in the Alimagnet Lake Watershed Scope of work generally consists of removal of approx. 70,000 C Y of excess sediment along with construction of an aquatic bench and landscaping and modifications to storm sewer outlet structure within an existing stormwater basin. A map of the proposed project area is attached (Figure: 1). B UD G E T I M PAC T: Project costs and funding included in the adopted 2019 operating budget are summarized as follows: Estimated Project C osts: Estimated Awarded C osts C onstruction C ost $ 225,000.00 $ 204,019.72 C ontingency 22,500.00 43,480.28 Engineering, C ontract Admin, Inspection, Testing, Survey 40,000.00 40,000.00 Total Estimated Cost $ 287,500.00 $ 287,500.00 Estimated Project Funding C lean Water Fund Grant $ 74,500.00 $ 74,500.00 Storm Sewer Utility (Sediment Removal)90,000.00 90,000.00 Storm Sewer Utility 123,000.00 123,000.00 Total Estimated Funding $ 287,500.00 $ 287,500.00 AT TAC HM E NT S: Map R esolution Exhibit 2.. FEETSCALE 0 30001500 TYPE N 2018-133, Cobblestone Manor (AL-P3) Stormwater Improvements for Alimagnet Lake City of Apple Valley Figure 1 AL-P3 CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2018-133 COBBLESTONE MANOR (AL-P3) STORMWATER IMPROVEMENTS FOR ALIMAGNET LAKE WHEREAS, pursuant to an advertisement for bids for improvements identified as Project 2018-133, Cobblestone Manor (AL-P3) Stormwater Improvements for Alimagnet Lake, bids were received, opened and tabulated according to law and the following bids were received complying with the advertisement: (Tabulation attached as Exhibit A), and; WHEREAS, it appears Standard Contracting, Incorporated, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with Standard Contracting, Incorporated, for its base bid in the amount of $204,019.72 for the completion of Project 2018-133 according to the plans and specifications heretofore approved by the Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. ADOPTED this 9th day of May, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.L . C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A dopt Resolution Awarding Agreement f or P roject 2018-134, Sunset P ond (A L -P 8) S tormwater I mprovements for A limagnet L ake S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Adopt resolution awarding agreement for Project 2018-134, Sunset Pond (A L-P8) Stormwater Improvements for A limagnet Lake, to Sunram C onstruction, Inc., in the amount $213,642.00. S UM M ARY: On April 23, 2019, six (6) bids were received for the Sunset Pond (A L-P8) Stormwater Improvements for A limagnet Lake project as described within the attached bid tabulation. Base Bids ranged from $213,642.00 to $334,460.00. Sunram C onstruction, Inc., submitted the low bid in the amount of $213,642.00. T he low bid was $13,642.00 over the Engineers estimate of $200,000.00. A standard C ity agreement will be utilized for this project. B AC K G RO UND : Vermillion River Watershed J oint Powers Organization finalized a Subwatershed assessment for Alimagnet Lake in April 2016 which outlined recommended improvements. T he C ity C ouncil adopted Resolution 2018-58 on May 10, 2018, directing the preparation of plans and specifications for Project 2018-134, Sunset Pond (A L-P8) Stormwater Improvements for Alimagnet Lake. On March 28, 2019, C ity C ouncil adopted Resolution 2019-43, approving plans and specifications and directing receipt of sealed bids for Project 2018-134, Sunset Pond (A L- P8) Stormwater Improvements for Alimagnet Lake. T he C ity of A pple Valley 2017-2021 C apital Improvement Program identifies Storm water Improvements at the following location: Sunset Pond (A L-P8) in the Alimagnet Lake Watershed Scope of work generally consists of removal of approx. 70,000 C Y of excess sediment along with construction of an aquatic bench and landscaping and modifications to storm sewer outlet structure within an existing stormwater basin. A map of the proposed project area is attached (Figure: 1). B UD G E T I M PAC T: Project costs and funding included in the adopted 2019 operating budget are summarized as follows: Estimated Project C osts: Estimated Awarded C osts C onstruction C ost $ 200,000.00 $ 213,642.00 C ontingency 20,000.00 6,358.00 Engineering, C ontract Admin, Inspection, Testing, Survey 40,000.00 40,000.00 Total Estimated Cost $ 260,000.00 $ 260,000.00 Estimated Project Funding C lean Water Fund Grant $ 75,000.00 $ 75,000.00 Storm Sewer Utility 185,000.00 185,000.00 Total Estimated Funding $ 260,000.00 $ 260,000.00 AT TAC HM E NT S: Map R esolution Exhibit 2.. FEETSCALE 0 30001500 TYPE N 2018-134, Sunset Pond (AL-P8) Stormwater Improvements for Alimagnet Lake City of Apple Valley Figure 1 AL-P8 CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2018-134 SUNSET POND (AL-P8) STORMWATER IMPROVEMENTS FOR ALIMAGNET LAKE WHEREAS, pursuant to an advertisement for bids for improvements identified as Project 2018-134, Sunset Pond (AL-P8) Stormwater Improvements for Alimagnet Lake, bids were received, opened and tabulated according to law and the following bids were received complying with the advertisement: (Tabulation attached as Exhibit A), and; WHEREAS, it appears Sunram Construction, Inc., is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with Sunram Construction, Inc., for its base bid in the amount of $213,642.00 for the completion of Project 2018-134 according to the plans and specifications heretofore approved by the Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. ADOPTED this 9th day of May, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.M. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A dopt Resolution Approving C ontinuation of Cooperative A greement with Dakota C ounty Community Development A gency (C D A ) f or Administration of Community Development Block Grant (C D B G), HO ME I nvestment Partnership, Emergency S olutions Grant (E S G) P rograms S taff Contact: T homas L ovelace, City P lanner D epartment / Division: C ommunity D evelopment Department AC T I O N RE Q UE S T E D: Adopt the draft resolution affirming the C ity of Apple Valley’s continued participation in the Dakota County C D BG, HO ME, and ES G entitlement programs and direct the C ity Administrator to sign the deferral letters. S UM M ARY: For your consideration is a request from the Dakota C ounty C ommunity Development Agency (C D A) for a letter of deferral for the City’s Metropolitan Entitlement Status for fiscal years 2020 through 2022. Beginning in 1983, the cities in Dakota C ounty agreed to participate in a cooperative agreement with Dakota County in order for the combined populations of the cities to meet the 200,000 threshold which allows Dakota County to be classified as an “Urban County” with entitlement status for the purposes of receiving a set allocation of federal C ommunity Development Block Grant (C D BG), HO ME Investment Partnership, and Emergency Solutions G rant (ESG ) funds. Prior to this time, cities within Dakota County wishing to apply for these funds had to do so under the “Small C ities” category, which is a competitive program which is weighted heavily toward cities with high populations of low-income households. T he C D BG Program provides annual grants on a formula basis to D akota C ounty, which then distributes funds to participating cities and townships. T his program was established to develop viable urban communities by providing decent housing and a suitable living environment. C D BG funding expands economic opportunities for low- and moderate-income persons and eliminates slum/blight conditions. Created in 1990, the HO ME Investment Partnership Program is a flexible federal grant program that gives participating jurisdictions the ability to decide how the funds will be used to provide affordable housing for persons at or below 80 percent of median income. Similar to the C D BG Program, HO ME is allocated on a formula basis. Eligible activities under HO ME include new construction of affordable units, rehabilitation of owner and rental properties, homebuyer assistance, rent assistance and acquisition. T he ESG Program assists individuals and families to quickly regain stability in permanent housing after experiencing a housing crisis or homelessness. Funds are available for five program components: street outreach, emergency shelter, homelessness prevention, and data collection through the Homeless Management Information System. T he program will be administered by the D akota C ounty Social Services department and receipt of funding for this program requires that it be included into the Cooperation Agreement between Dakota County and the C ity of Apple Valley. Entitlement status is recertified every three years, at which time all cities within the C ounty have the option of severing (or reestablishing) their association with the D akota C ounty entitlement process. A city not participating in the entitlement process would have to return to the method of applying for these funds under the “Small C ity Program”. If a city has a population of 50,000 or more, it could also apply for its own “Urban C ity” entitlement status and receive a set amount of C D BG funding directly from the federal government but not a HO ME or ES G allocation. Such a city would also have to assume all of the record keeping and program certification requirements imposed by the federal government; currently, this is the responsibility of Dakota C ounty through their C ommunity Development Agency (C D A). Staff believes that the current approach has worked very well, giving the C ity the flexibility to utilize funding from these programs where they can do the most good while being able to avoid the time consuming and costly monitoring and reporting requirements set by the federal government. B AC K G RO UND : N/A B UD G E T I M PAC T: T here is no direct impact to the C ity's budget. Approval of this request will continue the past practice of using the D akota County C D A's expertise in distributing, monitoring, and reporting the C ity's annual C D BG, HO ME, and ES G allocations. AT TAC HM E NT S: R esolution L etter L etter CITY OF APPLE VALLEY RESOLUTION NO. 2019-___ APPROVAL OF THE CONTINUATION OF COOPERATIVE AGREEMENT FOR THE DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP, AND EMERGENCY SOLUTIONS GRANT PROGRAMS FOR FISCAL YEARS 2020 THROUGH 2022 WHEREAS, the City of Apple Valley has been a participating jurisdiction with the Dakota County Community Development Block Grant (CDBG) Entitlement Program for Fiscal Years since 1984; and WHEREAS, the Dakota County CDA is a Subgrantee of Dakota County for the administration of the CDBG, HOME Investment Partnership, and Emergency Solutions Grant (ESG) programs; and WHEREAS, the Dakota County CDA has requested that the City of Apple Valley affirm its continued participation in the Dakota Country CDBG, HOME, and ESG entitlement programs for the next three fiscal years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Apple Valley hereby chooses to defer its metropolitan city entitlement status for the U. S. Department of Housing and Urban Development’s CDBG, HOME, and ESG programs. BE IT FURTHER RESOLVED that the Dakota County CDA is designated as the administrative entity to carry out the CDBG, HOME, and ESG programs on behalf of the City of Apple Valley, subject to future Subrecipient Agreements that may be required for specific CDBG-funded activities. ADOPTED this 9th day of May, 2019. Mary Hamann-Roland, Mayor ATTEST: Stephanie Marschall, Deputy City Home of the Minnesota Zoological Garden City of 7100 147th Street W. Apple Valley, MN 55124-9016 Telephone (952) 953-2500 Fax (952) 953-2515 www.cityofapplevalley.org May 10, 2019 U.S. Department of Housing and Urban Development Attn.: Jacki Richter 920 South Second Street, Suite 1300 Minneapolis, MN 55402 RE: DEFERRAL OF METROPOLITAN CITY ENTITLEMENT STATUS CONTINUANCE IN THE DAKOTA COUNTY CDBG, HOME, & ESG PROGRAMS Dear Ms. Richter: The City of Apple Valley has chosen to defer its Metropolitan City Entitlement Status for the federal fiscal years 2020 through 2022. The City has chosen to remain a participant of the Dakota County Urban County for CDBG, HOME, and ESG funding. You will find enclosed a copy of the City’s meeting minutes and resolution supporting that decision. Apple Valley has worked closely with Dakota County and the CDA for many years, and we continue to value that cooperative arrangement. Many worthwhile housing and community development activities have been accomplished here, and we look forward to achieving more successes during the next 3-year period. We also understand that our continued participation with Dakota County strengthens the connection between all cities and townships within the county. If you have any further questions, please do not hesitate to contact Bruce Nordquist, Community Development Director, at (952) 953-2576. Sincerely, CITY OF APPLE VALLEY Tom Lawell City Administrator Enclosure Home of the Minnesota Zoological Garden City of 7100 147th Street W. Apple Valley, MN 55124-9016 Telephone (952) 953-2500 Fax (952) 953-2515 www.cityofapplevalley.org May 10, 2019 Dakota County CDA Attn. Tony Schertler 1228 Town Centre Drive Eagan, MN 55123 RE: DEFERRAL OF METROPOLITAN CITY ENTITLEMENT STATUS CONTINUANCE IN THE DAKOTA COUNTY CDBG, HOME, & ESG PROGRAMS Dear Mr. Schertler; The City of Apple Valley has chosen to defer its Metropolitan City Entitlement Status for the federal fiscal years 2020 through 2022. The City has chosen to remain a participant of the Dakota County Urban County for CDBG, HOME, and ESG funding. You will find enclosed a copy of the city’s meeting minutes and resolution supporting that decision. Our city has worked closely with Dakota County and the CDA for many years, and we continue to value that cooperative arrangement. Many worthwhile housing and community development activities have been accomplished here, and we look forward to achieving more successes during the next 3-year period. We also understand that our continued participation with Dakota County strengthens the connection between all cities and townships within the county. If you have any further questions, please don’t hesitate to contact Bruce Nordquist, Community Development Director at (952) 953-2576. Sincerely, Tom Lawell City of Apple Valley Enclosure I T E M: 4.N. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A pprove Design A greement with Rockport, L L C, in Connection with P roject 2019-139, Mixed Use Campus - F easibility Study S taff Contact: B randon A nderson, City E ngineer D epartment / D ivision: E ngineering Division AC T I O N RE Q UE S T E D: Approve design agreement with Rockport, LLC , for design services of public infrastructure relating to Project 2019-139, the proposed Mixed Use Business C ampus - Feasibility Study. S UM M ARY: Attached for consideration is an agreement with Rockport, LLC , for engineering design of public infrastructure to serve the proposed Mixed Use C ampus (Orchard Place) development. Rockport, LLC , has requested that design efforts for infrastructure serving the site proceed prior to their receipt of final approvals for the development. Preliminary design will be performed to evaluate the public infrastructure required for street and utility extensions including an estimated cost of the improvements. Design of the improvements will be completed to a 50-60% level and right-of-way and access restrictions will be established. T he preliminary design will help establish the necessary improvements and associated costs required for various phases of development, and it is understood that the improvements will follow the C hapter 429 process for assessing benefiting properties. T he scope of design included in the agreement covers the following public infrastructure improvements associated with the development: 1. Identify necessary sanitary sewer extensions (depth and size) for the study area, considering the remaining developable property 2. Identify watermain needs 3. Determine local and trunk storm sewer needs, as well as public ponding requirements consistent with the C ity’s surface water management plan 4. Evaluate required street improvements for the full-build scenario, including typical street section and turn lanes, access restrictions, and typical pavement section. T he following intersection improvements will be considered: Roundabout at 155th Street and J ohnny C ake Ridge Road Signal system at 157th Street and J ohnny Cake Ridge Road Signal system at 155th Street and Pilot Knob Road ¾ access at 152nd Street and Pilot Knob Road All costs associated with design work would be funded by Rockport, LLC , per the attached design agreement. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: Agreement I T E M: 4.O. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A pprove Agreement with A llOver Media for 50th Year Marketing S trategy S taff Contact: B ruce Nordquist, A I C P, C ommunity Development Director D epartment / Division: C ommunity D evelopment Department AC T I O N RE Q UE S T E D: Approve agreement with AllOver Media to initiate 50th year marketing strategy. S UM M ARY: In J anuary 2019, the City Council directed staff to initiate a celebration of "50 Golden Years" in 2019. Events, images and messages have been developed to continue a year-long celebration in accordance with an authorized budget. On May 9, an informal session has been scheduled to update the C ity C ouncil on a planned highly visible marketing message for the next 6 months. A s part of the approved budget, an MVTA bus will be wrapped by the City and partners have been identified to keep the bus wrapped and mobile for 6 months. T he partners include the C onvention and Visitors Bureau (C VB), C hamber of C ommerce, Wings Financial, Dakota Electric, MN Zoo and A pple Valley Arts Foundation. Also on May 9, the consent agenda includes a request for the C ity C ouncil to authorize an agreement with AllO ver Media to spend $3,000 to wrap the bus and use $3,000 in City C VB resources to cover the expense of the mobile display for a month. AllOver Media account representatives have secured similar agreements with the partners to continue the display for 6 months. Finally, the MVTA bus operates daily based on AllOver Media's defined "Route A". T his particular route reaches A pple Valley, Eagan, Bloomington, Minneapolis and St. Paul. T hose are core cities in Apple Valley's broader economic development message to attract and retain businesses and residents. As this staff report was being prepared, both the draft bus display developed by the AllO ver Media graphics team and agreements being reviewed by our C ity Attorney, were in the process of being updated and any changes will be shared in advance of the C ity Council meeting. B AC K G RO UND : N/A B UD G E T I M PAC T: T he scope of services with AllOver Media is consistent with the approved budget. AT TAC HM E NT S: Background Material Background Material Background Material Background Material DRIVER PASSENGER CLIENT: CITY OF APPLE VALLEY MARKET: MN CLIENT: CITY OF APPLE VALLEY MARKET: MN CLIENT: CITY OF APPLE VALLEY MARKET: MN Totals Total Media (NET)$3,000.00 Total Production (NET)$3,000.00 Grand Total (Net)$6,000.00 Business Name: City of Apple Valley Contact: Bruce Nordquist Billing Address: 7100 147th Street W Billing City/State/Zip: Apple Valley, Minnesota 55124 P: (952) 953-2500 E-mail: bnordquist@ci.apple-valley.mn.us Account Rep: Cathy Goetz Bus contracted for Estimted Start Date: 05/22/19 - End Date: 11/21/2019- or ASAP from Proof Approval Campaign Length: 6 months - paid for by 4 sponsors and City of Apple Valley - all seperate contracts Bus Wrap Advertising- Market # of Buses Rate Per Bus Per month Production Per Bus Total Investment MVTA- Route A 1 month of media and prodcution 1 $3,000.00 $3,000.00 $6,000.00 • A fully wrapped bus consists of both sides and the back • Production costs assume one creative, creative swap will incur additional fees • Production includes Printing, Installation and de-installation. *Additional charges may apply if AllOver Media creates the ad content ($250), more than 3 ad creatives are supplied ($100/per), ad reformatting due to incorrect specs provided ($250) and/or rushed shipping fees for late art work (variable). *All Pricing NET (Space and Production), Payment is net 30 days from invoice. SIGNATURES & APPROVALS The undersigned hereby acknowledges and agrees this Contract is signed and accepted subject to the terms and conditions stipulated on both sides of this order, which are all of the agreements and representations as to this Contract made by either party hereto. CITY OF APPLE VALLEY _by____________________________________________________________________________________________________________________ MAYOR CLERK Today's Date _________________________________________________________________________________________________________________ Company/Account Representative (Signature & Printed)Today's Date ADVERTISING AGREEMENT TERMS AND CONDITIONS Client and Company agree to abide by and be bound to all of the terms, conditions, restrictions, limitations, and other provisions contained in this Agreement. 1. SERVICES. a) (Bus Wrap) Advertiser hereby seeks to contract with Company for the posting, display, and if needed, production of an advertisement(s) on behalf of Advertiser to be placed on motorcoach (buses) passenger vehicles ("Vehicles") located in the markets requested by Advertiser (hereinafter referred to as vehicle advertising). "Market" means those states, cities, or other regions Advertiser designates for placement of advertisements. "Advertiser" will mean any customer, or Advertising Agency acting on the customer's behalf, that requests the production or placement of an advertisement by Company. "Advertising Agency" means a representative of Advertiser with the authority to contract for or to delegate the duty to provide advertising production or placement services. b) If requested, Company shall be responsible for the production, design, and printing of an advertisement(s) on behalf of Advertiser to be installed in accordance with the specified post date. Prior to installation, Company will submit a proposed advertisement to Advertiser for approval. Upon receipt of the proposed Advertisement, Advertiser shall have five (5) business days to notify Company of its approval or disapproval. If Advertiser is providing Company with materials to be advertised or included in any advertisement, then Advertiser shall be obligated to deliver such materials to Company in sufficient quantity and within any time limits set by Company from time to time for proper installation and execution of this Agreement. Any delay in the schedule of installation or the start of services under this Agreement due to Advertiser's delay in submitting its approval or any materials shall not extend the Term of this Agreement without an express written consent by Company. c) Company shall be responsible for installation and display of Advertiser's advertisement within 5 business days after the specified installation date on the front side of this Agreement. Company shall secure the advertising space in the designated Venues for the placement of Advertiser's advertisement. In the event Company is prevented from placing Advertiser's advertisement at any specific Venue, Company shall return all funds paid by Advertiser. d) Company shall have the complete and exclusive control over the method, details, and means of accomplishing the services in this Agreement, including the right to contract or delegate the performance of any required services herein. Advertiser acknowledges and agrees to Company's use of franchises, independent contractors, and/or other third parties to effectuate its obligations under this Agreement. Company shall not be liable to Advertiser for the failure or proper performance of such parties, but Company shall be obligated to use its best efforts to remedy any such failure. If Company is unable to remedy any such failure, Company shall provide a pro rata reduction to the total net amount on the front side of this Agreement for Company's services equal to the extent of any such failure. Company shall provide Advertiser with proof of performance. Company will be deemed to have satisfied proof of performance when Company provides Advertiser, within fifteen (15) business days after installation is complete, digital photographs of the advertisement used for this Agreement reflecting that the advertisement has been installed in/on the products listed on the front side of this Agreement and within the Venues and/or Markets assigned. 2. TERM. This Agreement shall be for the term in months stated on this Agreement and shall commence on the date this Agreement is executed, unless terminated by written agreement signed by both parties or terminated by Company pursuant to paragraph 5 below ("Term"). 3. TERMS OF PAYMENT. a) Advertiser shall pay Company the total net amount included in this Agreement plus all applicable taxes for Company's services unless the Agreement is a barter exchange. The total net amount will be charged monthly and Advertiser agrees to make payment within 30 days of invoice date. In the event that Advertiser does not make a payment when due, a finance charge of 1.5% per month will be charged on all unpaid invoices. Further, Advertiser and Company may agree upon the use of barter in exchange for payment under this Agreement and both parties shall abide by any barter terms described on the front side of this Agreement. b) If any portion of the total net amount is not paid when due, then Company may accelerate payments due here under and declare the entire amount due and payable upon giving Advertiser ten (10) calendar days' notice to cure such failure to pay. If the total net amount is declared immediately due, the entire unpaid amount shall bear interest at the rate of eighteen percent (18%) per annum until the balance is paid in full. All powers and remedies given by this Agreement to Company shall not be deemed exclusive of any other power or remedy available herein, to the extent permitted by law, to enforce the performance or observance of the terms of this Agreement. In the event it is necessary for Company to enforce any provisions of this Agreement by or through an attorney or a collection agency, it will be entitled, in addition to such sums as may be due or such other relief which it may be entitled, to all attorneys' fees plus court costs and other expenses of enforcement or collection. c) Advertiser shall at all times be liable for the payment of services and costs. In the event Advertiser has appointed an Advertising Agency as its representative and the Advertising Agency signed this Agreement for the benefit of the Advertiser, then Company agrees to demand payment from the Advertising Agency for the entire balance of this Agreement. Payment by the Advertiser to the Advertising Agency shall not constitute payment of Advertiser's amounts owed under this Agreement, until such sums are remitted to Company. In the event the Advertising Agency fails to pay any amounts due here under for any reason (including Advertiser's failure to pay any amounts due to Advertising Agency), the Advertiser and Advertising Agency shall be jointly liable for all amounts owed to Company and Company shall have the right to collect payment from Advertiser and/or Advertising Agency. d) All credit card payments are subject to a surcharge no greater than our cost of acceptance and subject to federal and state laws. 4. WARRANTIES AND REPRESENTATIONS. Company makes no warranty or representation as to the effectiveness of any advertisement or the placement of such advertisement at any Venue. Advertiser warrants and represents that (i) any and all artwork, photographs, design work, copy, logos, of Advertiser does not violate any federal, state, or local laws, including without limitation, any copyright or trademark, right to privacy, libel, or fair trade practices law, and (ii) it has all necessary legal power and authority to enter into, and perform its obligations under, this Agreement. * Advertiser also warrants and represents that Advertiser’s logos, provided to Company does not violate any federal, state, or local medical or recreational cannabis advertising laws. 5. TERMINATION. This Agreement and all obligations of the Company hereunder may be cancelled by Company in the event (i) Advertiser fails to comply with the terms of this Agreement, including Advertiser's failure to make payments when due; or (ii) that any of the services provided by Company is not lawful, licensed or permitted. Advertiser may terminate this Agreement prior to the end of the then current Term, provided Advertiser gives Company sixty (60) days advanced notice and pays Company a cancellation fee as follows: 15% of the monthly total net amount for each Market as expressed in this Agreement times the number of months remaining in the Term of this Agreement for each Market. In the event this Agreement is based on barter and Advertiser terminates prior to the end of the then current term, the cancellation fee shall be based on the value of the barter according to Company's current rate card and Advertiser shall pay 15% of this gross monthly revenue amount times the number of months remaining in the then current Term. If Advertiser cancels this Agreement prior to the post date, Advertiser will pay Company all production and advertising space costs Company incurs prior to cancellation. If Advertiser is at any time in breach of this Agreement, Company shall have the right to remove any and all of Advertiser's advertisements from the Venues secured herein and such removal will not constitute a breach of this Agreement by Company, nor entitle Advertiser to reduce or abate the total net amount or delay payments to Company. 6. INDEMNIFICATION. a) Advertiser shall defend, indemnify, and hold Company, and its owners, officers, directors, and employees ("Company's Parties"), harmless of, from and against any and all claims, liabilities, costs, attorneys' fees, losses or expenses, directly or indirectly incurred by Company's Parties as a result of Advertiser's or its owners, officers, directors, and employees’ default or breach of this Agreement, grossly negligent acts, willful misconduct, or directly or indirectly arising out of the publication or distribution of Advertiser's logo or trademark, including without limitations, claims or suits for libel, copyright or trademark infringement, privacy rights, or any other violations of federal, state, or local law or any Federal Trade Commission or Federal Communications Commission rule or regulation. This provision shall survive expiration or termination of this Agreement. Notwithstanding anything to the contrary in this paragraph, the Advertiser shall not be responsible for any logo or artwork provided by any third party. b) Title, ownership, and intellectual property rights in and to any invention, material or creative developed by Company while performing services for Advertiser, whether patentable or otherwise, shall remain with Company. Any invention, material or creative by Company on behalf of Advertiser of copyrightable material shall not in any way be considered a "work made for hire" under the United States copyright laws. To the extent the development, modification or translation may be deemed a work made for hire, Advertiser shall be deemed to have assigned all copyright rights therein to Company. Notwithstanding, Advertiser shall retain any and all title, ownership and intellectual property rights in only the material, creative and logos it independently provides to Company. 7. NON-COMPETITION. [INTENTIONALLY OMITTED] 8. COMPANY'S LIMITED LIABILITY TO ADVERTISER. a) Company shall use reasonable efforts to comply with all applicable laws and regulations, and to obtain necessary licenses, permits or registrations to conduct its business. b) Company will use ordinary care in providing advertising services, including ordinary care in the creation and placement of advertisements. In addition, Company will, at its expense, correct any material errors that are due solely to Company's personnel. However, the expense of correcting such errors incurred by Company shall be the only responsibility of Company occasioned by its performance or non- performance of its obligations under this Agreement, and Advertiser agrees to accept the correction of errors by Company as its sole and exclusive remedy. c) EXCEPT AS PROVIDED IN THIS PARAGRAPH 8, ADVERTISER UNDERSTANDS AND AGREES THAT COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF ANY PRODUCTS, THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THEIR ABILITY TO BE LICENSED, PERMITTED OR REGISTERED TO PROVIDE THE SERVICES TO BE RENDERED TO ADVERTISER HEREUNDER. COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ADDITIONAL, OR PUNITIVE DAMAGES OF ADVERTISER, OR ANY OTHER LIABILITY ARISING OUT OF A BREACH OF THIS AGREEMENT. IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED $100.00. 9. ASSIGNMENT. This Agreement may be assigned by Company but not by Advertiser without Company's prior written consent. Company reserves the right, in its sole discretion, to delegate or assign to third parties the performance of Company's obligations to Advertiser. In the event of any such delegation, the provisions of this Agreement applying to Company shall apply equally to such third party in the performance of such obligations including, but not limited to, the limited liability, indemnification, and force majeure provisions hereof. 10. FORCE MAJEURE. Neither party shall be considered in default in the performance of its obligation should its performance thereof be delayed or prevented by Force Majeure. "Force Majeure" shall include, but shall not be limited to: hostilities, revolution, riots, strikes, epidemic, accident, fire, flood, earthquake, wind storm, explosion, lack of or failure of transportation facilities or power facilities, regulation or ordinance, any act or requirement of any government or governmental agency having or claiming to have jurisdiction over the subject matter of this Agreement or the parties, any act of God, or any cause, which is reasonably beyond the control and without the fault or negligence of the parties. 11. RELATIONSHIP OF PARTIES. It is not the intention or the purpose of this Agreement nor shall any provision herein create nor shall the same be construed as creating any type of partnership or joint venture of the parties hereto. This Agreement shall not be construed to provide for or communicate that Company has or is attempting to acquire any financial interest, direct or indirect, in Advertiser, Advertiser's business, or Advertiser's representative Advertising Agency, if one exists. Company shall not be deemed to be a representative of Advertiser for any purpose whatsoever except those expressly stated herein. An Advertising Agency may represent and warrant that it is authorized to sign this Agreement and place advertising on behalf of an Advertiser named on the front side of this Agreement and the Advertising Agency may receive the industry standard Advertising Agency commission for services subsequently performed by Company. Advertiser may change its representative Advertising Agency, upon notice to Company, and the successive Advertising Agency shall be entitled to any commissions from the performance of Company's services. 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties hereto. This Agreement supersedes all prior communications, representations, terms, conditions or agreements, oral or written, between the parties and no waiver or modification to this Agreement shall be effective unless it is in writing, signed by the parties. This Agreement may be executed in one or more counterparts, which counterparts shall together constitute one and the same instrument. 13. NOTICES. Any notices to be given under this Agreement shall be deemed adequate if given in writing and sent by certified or registered international mail, by recognized air courier, or by facsimile transmittal at a fax number known to be maintained by the party to whom notice is to be given, coupled with a copy of the fax confirmation sheet. Notice shall be deemed given when it is received. 14. MISCELLANEOUS. The terms of this Agreement are confidential and, except as may be required by law, will not be disclosed in any manner by either party without the prior written consent of the other party. This Agreement shall bind and inure to the benefit of each of the parties and their successors, representatives, and heirs. All provisions that are intended to survive termination shall survive termination. The person signing this Agreement on the Advertiser's behalf has the authority to bind the Advertiser to this Agreement. This Agreement shall be deemed to have been formed in the State of Minnesota. This Agreement shall be governed by the laws of the State of Minnesota, without regard to any conflicts of laws principles thereof that would call for the application of the laws of any other jurisdiction. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought against either of the parties in only the Hennepin County District Courts in the State of Minnesota, or the Federal Courts in the State of Minnesota, and each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue. If any part of this Agreement is held invalid or unlawful by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 15. STATE STATUTES. Under Minn. Stat. §§ 6.551 and 16C.05, subd. 5, Company’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the City and the State of Minnesota Legislative Auditor, and/or State of Minnesota Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 2019 - 50th Celebration Budget Expense Code Description Community Development Council Contingency City Convention & Visitor Bureau Chamber Convention & Visitor Bureau Business Sponsorship 6229 Supplies Pins - Initial Order 1,400 Pins- Add'l Order 5,000 1,400 5,000 - - - 6235 Consultant Services Graphic (bus wrap) 3,000 3,000 6,000 9,000 Photographic 3,000 Promotional 5,000 3,000 8,000 3,000 6,000 9,000 6239 Printing Publishing Promotional Signs /Banners 1,200 5,000 Events (general ) 2,400 2,500 Kelley Picnic Celebrations 1,000 Freedom Day 2,500 3,600 11,000 - - - Total 8,000$ 24,000$ 3,000$ 6,000$ 9,000$ I T E M: 4.P. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A pprove P ersonnel R eport S taff Contact: Melissa Haas, Human Resources Manager D epartment / D ivision: Human Resources D ivision AC T I O N RE Q UE S T E D: Approve the personnel report. S UM M ARY: T he employment actions attached to this memo are recommended for City Council Approval. B AC K G RO UND : T he C ity C ouncil's approval of the Personnel Report includes the ratification of the C ity Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. B UD G E T I M PAC T: Budgeted positions. AT TAC HM E NT S: Personnel Report PERSONNEL REPORT May 9, 2019 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) Oliver Banks Hire Lifeguard I Casual,  Seasonal 1930  $                11.35  Hourly  C‐03 5/30/2019 Myah Bauman Hire Lifeguard I Casual,  Seasonal 1940  $                11.35  Hourly  C‐03 5/30/2019 Collin Beane Rehire Lifeguard I Casual,  Seasonal 1940  $                11.65  Hourly  C‐03 5/30/2019 Robert Beane Rehire Facility Attendant ‐ Pool Casual,  Seasonal 1940  $                11.05  Hourly  C‐01 5/30/2019 Kate  Beckel Hire Lifeguard I Casual,  Seasonal 1930  $                11.35  Hourly  C‐03 5/30/2019 Irene Boese Hire Facility Attendant ‐ Pool Casual,  Seasonal 1940  $                10.30  Hourly  C‐01 5/30/2019 Jane Byron Accept  Resignation Water Quality Technician Full‐Time,  Regular 5505 5/17/2019 Aaron Cavanaugh Hire Lifeguard I Casual,  Seasonal 1940  $                11.65  Hourly  C‐03 5/30/2019 Andrew Cavanaugh Hire Lifeguard I Casual,  Seasonal 1940  $                11.65  Hourly  C‐03 5/30/2019 Mary Cole Hire Lifeguard I Casual,  Seasonal 1930  $                11.65  Hourly  C‐03 5/30/2019 Derek Davis Hire Maintenance I Casual,  Seasonal 1710  $                12.52  Hourly  SM1 5/20/2019 Tyler DeWall Hire Maintenance I Casual,  Seasonal 1710  $                12.52  Hourly  SM1 5/20/2019 Emma  Dodge Rehire Lifeguard I Casual,  Seasonal 1940  $                11.35  Hourly  C‐03 5/30/2019 Claudia  Dougan Rehire Facility Attendant ‐ Pool Casual,  Seasonal 1940  $                10.55  Hourly  C‐01 5/30/2019 Jacob Ertz Hire Maintenance I Casual,  Seasonal 1710  $                12.52  Hourly  SM1 5/20/2019 Evan Galchutt Hire Facility Attendant ‐ Pool Casual,  Seasonal 1940  $                10.30  Hourly  C‐01 5/30/2019 William Green Hire Sales Clerk Casual,  Variable Hour 5060  $                12.00  Hourly  L‐1 5/4/2019 Christian Haas Rehire Lifeguard I Casual,  Seasonal 1940  $                12.25  Hourly  C‐03 5/30/2019 Brooke Hager Rehire Lifeguard I Casual,  Seasonal 1940  $                11.95  Hourly  C‐03 5/30/2019 Azlynne Halla Hire Lifeguard I Casual,  Seasonal 1940  $                11.35  Hourly  C‐03 5/30/2019 The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment  of the City personnel. Page 1 of 3 PERSONNEL REPORT May 9, 2019 City of Apple Valley Human Resources First Name Last Name Action Position Status Dept.  Base Pay Rate  Pay Type Pay Scale Date (on or about) Doug Hendrix Hire Sales Clerk Casual,  Variable Hour 5090  $                12.00  Hourly  C‐03 5/27/2019 John Hill Hire Lifeguard I Casual,  Seasonal 1930  $                11.35  Hourly  C093 5/30/2019 Jonathan Jandro Hire Facility Attendant ‐ Pool Casual,  Seasonal 1940  $                10.30  Hourly  C‐01 5/30/2019 Adam Johnson Hire Custodial Attendant Casual,  Variable Hour 1900  $                16.95  Hourly  C‐08 4/29/2019 Jordan Johnson Promotion Division Specialist Full‐Time,  Regular 5105  $                23.84  Hourly  130 5/25/2019 Mallory Knutson Hire Lifeguard I Casual,  Seasonal 1940  $                11.65  Hourly  C‐03 5/30/2019 Brooklyn Landreville Hire Lifeguard I Casual,  Seasonal 1940  $                11.65  Hourly  C‐03 5/30/2019 William Loesch Hire Facility Attendant ‐ Pool Casual,  Seasonal 1940  $                10.30  Hourly  C‐01 5/30/3019 Tristan Lofgren Hire Recreation Program  Assistant Casual,  Seasonal 1800  $                10.30  Hourly  C‐01 6/10/2019 Zachary Loge Hire Maintenance I Casual,  Seasonal 1710  $                12.52  Hourly  SM1 5/20/2019 Hannah Marks Rehire Lifeguard I Casual,  Seasonal 1940  $                11.95  Hourly  C‐03 5/30/2019 Corey Martin Hire Sales Clerk Casual,  Variable Hour 5060  $                12.00  Hourly  L‐1 5/4/2019 Mai Matsuhashi Rehire Lifeguard I Casual,  Seasonal 1940  $                11.95  Hourly  C‐03 5/30/2019 Ben Moorlach Rehire Water Safety Instructor Casual,  Seasonal 1930  $                13.10  Hourly  C‐05 5/30/2019 Mariah Mullenberg Rehire Lifeguard I Casual,  Seasonal 1940  $                11.95  Hourly  C‐03 5/30/2019 Eric Munro Rehire Maintenance I Casual,  Seasonal 1710  $                13.64  Hourly  SM1 5/14/2019 Matt Nelson Promotion Deputy Fire Chief Full‐Time,  Regular 1300  $        93,600.00  Annual 200E 5/14/2019 Braxsten O'Connor‐Bell Rehire Head Guard Casual,  Seasonal 1940  $                13.45  Hourly  C‐05 5/30/2019 Hannah Olson Hire Lifeguard I Casual,  Seasonal 1940  $                11.35  Hourly  C‐03 5/30/2019 Chris  Pitner Hire Recreation Program  Supervisor ‐ Teen Center Casual,  Seasonal 1900  $                15.15  Hourly  C‐07 6/10/2019 Maren Reimann Rehire Head Guard Casual,  Seasonal 1940  $                13.45  Hourly  C05 5/30/2019 Katelyn Rowe Hire Facility Attendant ‐ Pool Casual,  Seasonal 1940  $                10.30  Hourly  C‐01 5/30/2019 The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment  of the City personnel. Page 2 of 3 PERSONNEL REPORT May 9, 2019 City of Apple Valley Human Resources First Name Last Name Action Position Status Dept.  Base Pay Rate  Pay Type Pay Scale Date (on or about) Ian Rutgers Hire Lifeguard I Casual,  Seasonal 1930  $                11.35  Hourly  C‐03 5/30/3019 Madison Saam Rehire Facility Attendant ‐ Pool Casual,  Seasonal 1940  $                10.55  Hourly  C‐01 5/30/2019 Joanna Trinkle Hire Lifeguard I Casual,  Seasonal 1940  $                11.65  Hourly  C‐03 5/30/2019 Emmalyn  Tritschler Hire Lifeguard I Casual,  Seasonal 1940  $                11.35  Hourly  C‐03 5/30/2019 Justin Voorhees Rehire Lifeguard I Casual,  Seasonal 1940  $                11.65  Hourly  C‐03 5/30/2019 Danielle Wefring Rehire Lifeguard II Casual,  Seasonal 1940  $                13.45  Hourly  C‐04 5/30/2019 David Willman Promotion Fleet Mechanic Full‐Time,  Regular 1530  $                32.01  Hourly  UMF 5/11/2019 Megan Winterberry Hire Lifeguard I Casual,  Seasonal 1930  $                11.35  Hourly  C‐03 5/30/2019 Amelia Wodele Hire Lifeguard I Casual,  Seasonal 1940  $                11.35  Hourly  C‐03 5/30/2019 The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment  of the City personnel. Page 3 of 3 I T E M: 4.Q. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:C onsent Agenda Description: A pprove Claims and Bills S taff Contact: Ron Hedberg, F inance Director D epartment / D ivision: F inance Department AC T I O N RE Q UE S T E D: Approve claims and bills. S UM M ARY: Attached for C ity C ouncil review and approval are check registers for recent claims and bills. B AC K G RO UND : N/A B UD G E T I M PAC T: Check registers dated April 18, 2019, and April 24, 2019, in the amounts of $1,104,445.80, and $1,226,844.80, respectively. AT TAC HM E NT S: C laims and B ills C laims and B ills I T E M: 5.A . C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:Regular Agenda Description: P roclaim May 17-18, 2019, as "Poppy D ays" and May 2019 as "P oppy Month" S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Proclaim May 17-18, 2019, as "Poppy D ays" and May 2019 as "Poppy Month". S UM M ARY: Attached is a proclamation for Poppy Days and Poppy Month in the City of A pple Valley. T he proclamation recognizes those who have answered the call to arms and have died on the fields of battle, and invites citizens to wear the Memorial Poppy as a tribute to those who have paid the ultimate sacrifice in the name of freedom. Councilmember Goodwin is the sponsor of this proclamation. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: Proclamation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, America is the land of freedom, preserved and protected willingly and freely by its citizens and soldiers; and WHEREAS, millions, who have answered the call to arms, have died on the fields of battle; and WHEREAS, a nation and its citizens must be reminded of the price of war and the debt it owes to those who have died in war; and WHEREAS, the red poppy has been designated as a symbol of the sacrifice of lives in all wars; and WHEREAS, the American Legion Auxiliary has pledged to remind Americans, annually, of the debt owed through the distribution of the memorial flower. NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby proclaims May as “Poppy Month” and the 17th and 18th of May 2019, as: “POPPY DAYS” and asks that all citizens wear the Memorial Poppy on these days to pay tribute to those who have made the ultimate sacrifice in the name of freedom. PROCLAIMED this 9th day of May, 2019. ___________________________________ 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:May 9, 2019 S E C T I O N:Regular Agenda Description: A dopt Resolution P roclaiming J une 27-J uly 4, 2019, the "53rd A nnual A pple Valley Freedom Days Celebration" and Community F estival S taff Contact: P arks and R ecreation D irector B arry B ernstein and F reedom Days Volunteer Coordinator Pat Schesso Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Adopt resolution proclaiming J une 27 through J uly 4, 2019, the "53rd Annual Apple Valley Freedom Days C elebration" and community festival. S UM M ARY: Apple Valley Freedom Days C ommittee has organized an event worthy of the 53rd anniversary of the annual Freedom D ays celebration. T hey are asking for C ity Council recognition of the event by proclaiming it the "53rd Annual A pple Valley Freedom D ays Celebration." T hey also encourage community participation in the many fun activities surrounding the event. Early designation of Freedom Days as an official community festival will allow for the processing of a liquor license request which requires approval by the Minnesota Department of Public Safety. Other approvals related to the Freedom Days C elebration (i.e., street closures) will be brought before the C ity C ouncil for consideration as we get closer to the event. B AC K G RO UND : Some of the "53rd Annual Apple Valley Freedom Days C elebration" events include: T hursday, June 27 Kids Fishing Derby Friday, June 28 Car & Motorcycle Show Sunday, June 30 Music at Johnny Cake Wednesday, July 3 Family Fun Night T hursday, July 4 Fun Run, Parade, Pre- Fireworks Entertainment, and Fireworks Friday, July 5 Rain Out Date for Fireworks only B UD G E T I M PAC T: 2019 Budget Items 4th of J uly Fireworks $25,000.00 4th of J uly Parade $20,000.00 AT TAC HM E NT S: R esolution Exhibit Presentation CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION PROCLAIMING APPLE VALLEY FREEDOM DAYS CELEBRATION WHEREAS, the City of Apple Valley is proud to be a part of this great Nation and its heritage; and WHEREAS, this Nation became Independent on July 4, 1776, and Apple Valley wishes to honor this momentous occasion with a community-wide celebration; and WHEREAS, the Apple Valley residents, civic organizations, business community, Parks and Recreation Department, and Apple Valley Freedom Days Committee have joined together to develop a fantastic community celebration for this the 53rd year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley that June 27, 2019, through July 4, 2019, is hereby proclaimed to be: “The 53rd Annual Apple Valley Freedom Days Celebration” and is declared a community festival. Council encourages the citizens to support and participate in the celebration. ADOPTED this 9th day of May, 2019. ___________________________________ Mary Hamann-Roland, Mayor ATTEST: _____________________________________ Pamela Gackstetter, City Clerk 2019 FREEDOM DAYS SCHEDULE OF EVENTS Thursday, June 27 Fishing Derby at Lac Lavon Fishing Pier Where: Lac Lavon Fishing Pier, (off Gardenview Drive) When: 6:00 pm - 8:00 pm (registration starts at 5:30) Bring your fishing pole. Bait will be provided. Mom & Dad should bring a lawn chair and/or blanket. Registration starts at 5:30 pm at the site. This event is sponsored by the Minnesota In-Valley Fisherman. Friday, June 28 Car and Motorcycle Show Dancin' & Cruisin' Where: Apple Valley American Legion Time: 4:00 pm - 9:00 pm Fee: Entry fee is $15.00 which goes towards Freedom Days fundraising efforts. Register for the car show. Includes dash plaque, first 100 vehicles receive a goodie bag. Music by DJ Sounds. Food and beverages for purchase. Saturday, June 29 No events Sunday, June 30 Music at Johnny Cake Time: 6pm – 7:30pm Where: Johnny Cake Ridge Park East: 5800 140th St W Live music by The Michael Handler Project. Monday, July 1 No events Tuesday, July 2 J & K Amusements Carnival Time: 5pm – 9pm Where: Johnny Cake Ridge Park East: 5800 140th St W Wristband specials Wednesday, July 3 Family Fun Night Time: 6pm – 9pm Where: Johnny Cake Park East: 5800 140th St W • Petting Zoo – fee • Pony Rides – fee • clowns • Food Trucks • Kidsdance DJ • Games • Vendor & Business Fair - new • AV Police and Fire units on site for tours! LOTS OF FUN FOR ALL!!!! J & K Amusements Carnival Time: 5pm – 9pm Where: Johnny Cake Ridge Park East: 5800 140th St W Wristband specials Thursday, July 4 Parks and Recreation Fun Run Time: 8:00am Where: Hayes Park: 14603 Hayes Road Apple Valley Freedom Days Parade Time: 1:00pm • Parade starts at Fireside Lane and Pennock Ave • Remember – chairs and blankets cannot be put out until 9am on July 3rd • High School Bands, Drum and Bugle, Clowns, Horses, carriages, FAMILY FUN!! J & K Amusements Carnival Time: 11am – 11pm Where: Johnny Cake Ridge Park East: 5800 140th St W Pre-Fireworks Party Time: 6:00PM – 10:00PM Where: Johnny Cake Ridge Park East: 5800 140th St W • Music, dancing, games • Food Vendors • Playground for kids • Pony Rides 5-8pm NEW FIREWORKS SHOW Time: 10:00pm Where: Johnny Cake Ridge Park East: 5800 140th St W Friday, July 5 Fireworks Rain Makeup Date 2019 APPLE VALLEY FREEDOM DAYS June 27 –July 4 WWW.AVFREEDOMDAYS.COM EVENTS OF PREVIOUS YEARS WWW.AVFREEDOMDAYS.COM I T E M: 5.C. C OUNC I L ME ET I NG D AT E:May 9, 2019 S E C T I ON:Regular Agenda Description: 2019 S pecial Assessment Roll No. 658, $1,388.00 - Delinquent False A larm Charges Staff Contact: Cathy Broughten, A ssistant F inance Director Department / D ivision: Finance Department AC T ION RE QUE S T E D : 1. Hold a public hearing. 2. Adopt the resolution levying 2019 Special Assessment Roll No. 658, delinquent false alarm charges, in the amount of $1,388.00, minus any prepayments. S UM M ARY: Attached please find the public hearing documents for the 2019 Special Assessment Roll No. 658 for delinquent false alarm charges. T he public hearing notices have been mailed to the affected property owners and the affidavits of publication of the hearing notices have been received. B ACK GRO UND : T he total amount of the assessment is $1,388.00 and represents false alarm charges billed by the City, which includes a $50.00 administrative fee. We have not received any payments to date. T he number of properties involved and the amounts of the charges are not consistent from year to year. T he amount is up from the Fall 2018 assessment of $1,124.00. It is lower than the Spring 2016 assessment of $1,438.00. History of certifications: Spring '12 Fall'12 Spring '13 Spring '14 Spring '15 Fall '15 Spring’16 F all '18 Spring'19 Amount Certified $2,166 $2,682 $3,354 $1,470 $1,752 $1,570 $1,438 $1,124 $1,388 Prepayments will be accepted by the City until Monday, J une 10, 2019. At that time, the balance will be submitted to Dakota C ounty to be levied on the 2020 property tax statements along with 8% interest from the date of the adoption of the assessment roll. No written objections have been received. B UDG E T IM PAC T: T he ultimate adoption of the assessment roll and the collection of the certified amounts will avoid having to write-off $1,388.00 of previously billed revenues. AT TAC HM E NT S : Resolution Exhibit EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, DAKOTA COUNTY MINNESOTA, HELD ON MAY 9, 2019 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Apple Valley, Dakota County, Minnesota, was held at the Municipal Center in said municipality on the 9th day of May, 2019, at 7:00 o'clock p.m. The following members were present: and the following were absent: * * * * * * * * * * * The Finance Director presented an affidavit of publication showing publication of the Notice of Hearing on proposed assessment roll 658 for improvements as described in said notice. Said affidavit showed publication in the official newspaper in accordance with a resolution heretofore adopted by the City Council, which affidavit was examined, found satisfactory and ordered placed on file. The Mayor announced that the meeting was open for consideration of objections, if any, to said proposed assessment and the Mayor proceeded to conduct the hearing related to the assessment roll. All persons were given an opportunity to present all objections and all written objections theretofore filed with the Clerk were presented and considered and all objections were tabulated and are attached hereto as Exhibit A. The Mayor then declared the hearing closed. Member XXX introduced Resolution No. 2019- and moved its adoption: * * * * * * * * * * * 2 CITY OF APPLE VALLEY RESOLUTION NO. 2019- RESOLUTION APPROVING AND LEVYING SPECIAL ASSESSMENTS WHEREAS, public hearings have been duly held this 9th day of May, 2019, concerning the proposed assessment roll as set forth in Council Resolution No. 2019-57 with all objections to any of said assessment having been duly noted and considered, if any. BE IT THEREFORE RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The Assistant Finance Director has calculated the amount proper and necessary to be specially assessed for improvements in the areas described in the legal notice of public hearing, as set forth in Exhibit A of Resolution No. 2019-57, against every assessable lot, piece or parcel of land affected thereby upon the basis of benefits without regard to cash valuation in accordance with the provisions of Minnesota Statutes Annotated, Section 429; and notice has been duly published and mailed as required by law that this Council would meet and pass upon all objections, if any, and to amend said proposed assessment as might be necessary; and said proposed assessment roll has at all times since their filing been open for public inspection and an opportunity has been given to all interested parties to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented and being fully advised in the premises, finds each of the lots, pieces and parcels of land enumerated in the proposed assessment roll, dated April 11th, 2019, in the aggregate amount of $1,388.00 subject to adjustments/prepayments during the hearing process of which there were none, is subject to such charges and that such amount is hereby levied against each of the respective lots, pieces and parcels of land therein described. The Clerk is hereby directed to amend all necessary parts of the one page of Assessment Roll 658, adopted for hearing purposes by Resolution No. 2019-57 and to attach the assessment roll in the amount of $1,388.00 to this Resolution as Exhibit B, then containing one page. 3. The proposed assessment roll is hereby adopted and confirmed as the proper special assessment for each of said lots. Each assessment, together with interest at the rates set forth in Exhibit A of Resolution No. 2019-57 accruing on the full amount thereof, from time to time unpaid, shall be a lien concurrent with one (1) year's interest on that and other unpaid installments to be payable with the general taxes for each consecutive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessment roll to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may, at any time, pay the whole of such assessment with interest accrued to day of payment, to the Treasurer of the municipality except that the entire amount may be paid within thirty (30) days hereof without interest. 3 5. The Assistant Finance Director shall, as soon as may be, prepare and transmit to the County Auditor, a Special Assessment Input form as may be prescribed by the County Auditor, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessments in the manner provided by law. ADOPTED this 9th day of May, 2019. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk * * * * * * * * * * * The motion for the adoption of the foregoing Resolution was duly seconded by Member XXX upon a vote being taken thereon, the following voted in favor: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted on the 9th day of May, 2019. CLERK’S CERTIFICATE I, the undersigned, being duly qualified and acting Clerk of the City of Apple Valley, Dakota County, Minnesota, hereby certify that I have compared the attached and foregoing Extract of Minutes with the original thereof, on file in my office, and that the same is a true and complete transcript of the minutes of a meeting of the Council of said municipality, duly called and held on the date herein indicated, so far as the minutes relate to the levy of assessments for improvements in said municipality. WITNESS my hand and seal of said City this 9th day of May, 2019. ______________________________________ Pamela J. Gackstetter, City Clerk 4 Exhibit A RESOLUTION NO. 2019- Exhibit B Resolution Number 2019-57 Delinquent False Alarm Charges Assessment #658 PID#/Plat Name/Description Owner Name/Address Billing Name/Address Amount 01 11784 01 020 CAR APPLE VALLEY SQUARE, LLC AT & T $ 842.00 APPLE VALLEY SQUARE 5TH P.O. BOX 790830 7634 150TH ST W DELINQ FALSE ALARMS SAN ANTONIO, TX 78279-0830 APPLE VALLEY, MN 55124 01 18075 01 120 ANTHONY CORRAL CORRAL RESIDENCE $ 182.00 COBBLESTONE MANOR 13377 HUGHES CT. 13377 HUGHES CT. DELINQ FALSE ALARMS APPLE VALLEY, MN 55124 APPLE VALLEY, MN 55124 01 71050 01 020 CENTRO BRADLEY SOUTHPORT CENTRE LLC MY ORECK STORE $ 182.00 SOUTHPORT CENTRE P.O. BOX 4900 15050 CEDAR AVE #113 DELINQ FALSE ALARMS SCOTTSDALE, AZ 85261-4900 APPLE VALLEY, MN 55124 01 82300 01 010 WALMART REAL ESTATE BUSINESS TRUST WAL-MART STORES $ 182.00 WALMART 1ST ADDN P.O. BOX 8050 14940 FLORENCE TRL DELINQ FALSE ALARMS BENTONVILLE, AR 72712-8050 APPLE VALLEY, MN 55124 ASSESSMENT TOTAL $1,388.00 I T E M: 5.D. C O UNC I L ME E T I NG D AT E :May 9, 2019 S E C T I O N:R egular Agenda Description: 2019 S pecial Assessment R oll No. 659, $4,839.04 - Delinquent Mowing and Tree Removal C harges S taff C ontact: Cathy Broughten, A ssistant F inance Director D epartment / Division: F inance Department AC T I O N RE Q UE S T E D: 1. Hold a public hearing. 2. Adopt the resolution levying 2019 Special Assessment Roll No. 659, delinquent mowing and tree removal charges, in the amount of $4,839.04, minus any prepayments. S UM M ARY: Attached please find the public hearing documents for the 2019 Special Assessment Roll No. 659 for delinquent mowing and tree removal charges. T he public hearing notices have been mailed to the affected property owners and the affidavits of publication of the hearing notices have been received. B AC K G RO UND: T he total amount of the assessment is $4,839.04 and represents mowing and tree removal charges incurred by the C ity, which includes a $50.00 administrative fee. T he number of properties involved and the amounts of charges are not consistent from year to year. Initial proposed assessment cost Type of C harge Spring 2019 Fall 2018 Spring 2016 Spring 2015 Fall 2014 # of Properties 2 1 2 3 3 Mowing $163.92 $0 $0 $0 $218.92 Snow Removal $0 $0 $0 $0 $0 Nuisance C lean Up $0 $0 $0 $1,525.87 $0 Tree Removal $4,675.12 $1,098.92 $2,417.84 $2,088.92 $1,180.33 Total $4,839.04 $1,098.92 $2,417.84 $3,614.79 $1,399.25 Amount certified, after prepayments, including interest charge. Type Of C harge Spring 2019 Fall 2018 Spring 2016 Spring 2015 Fall 2014 # of Properties Pending 1 2 3 3 Mowing Pending $0 $0 $0 $240.68 Snow Removal $0 $0 $0 $0 $0 Nuisance $0 $0 $0 $1,721.18 $0 Nuisance C leanup $0 $0 $0 $1,721.18 $0 Tree Removal Pending $1,206.62 $2,586.52 $2,356.30 $1,296.00 Total Pending $1,206.62 $4,077.48 $4,077.48 $1,536.38 Prepayments will be accepted by the City until Monday, J une 10, 2019. At that time, the balance will be submitted to Dakota county to be levied on the 2020 property tax statements along with 8% interest from the date of the adoption of the assessment roll. No written objections have been received. B UD G E T IM PAC T: T he ultimate adoption of the assessment roll and collection of the levied assessments will result in the recovery of $4,839.04 to offset costs. AT TAC HM E NT S : Resolution E xhibit EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, DAKOTA COUNTY MINNESOTA, HELD ON MAY 9, 2019 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Apple Valley, Dakota County, Minnesota, was held at the Municipal Center in said municipality on the 9th day of May, 2019, at 7:00 o'clock p.m. The following members were present: and the following were absent: * * * * * * * * * * * The Finance Director presented an affidavit of publication showing publication of the Notice of Hearing on proposed assessment roll 659 for delinquent mowing and tree removal charges as described in said notice. Said affidavit showed publication in the official newspaper in accordance with a resolution heretofore adopted by the City Council, which affidavit was examined, found satisfactory and ordered placed on file. The Mayor announced that the meeting was open for consideration of objections, if any, to said proposed assessment and the Mayor proceeded to conduct the hearing related to the assessment roll. All persons were given an opportunity to present all objections and all written objections theretofore filed with the Clerk were presented and considered and all objections were tabulated and are attached hereto as Exhibit A. The Mayor then declared the hearing closed. Member XXX introduced Resolution No. 2019-xx and moved its adoption: * * * * * * * * * * * 2 CITY OF APPLE VALLEY RESOLUTION NO. 2019- RESOLUTION APPROVING AND LEVYING SPECIAL ASSESSMENTS WHEREAS, public hearings have been duly held this 9th day of May, 2019, concerning the proposed assessment roll as set forth in Council Resolution No. 2019-56 with all objections to any of said assessment having been duly noted and considered, if any. BE IT THEREFORE RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The Assistant Finance Director has calculated the amount proper and necessary to be specially assessed for improvements in the areas described in the legal notice of public hearing, as set forth in Exhibit A of Resolution No. 2019-56 against every assessable lot, piece or parcel of land affected thereby upon the basis of benefits without regard to cash valuation in accordance with the provisions of Minnesota Statutes Annotated, Section 429; and notice has been duly published and mailed as required by law that this Council would meet and pass upon all objections, if any, and to amend said proposed assessment as might be necessary; and said proposed assessment roll has at all times since their filing been open for public inspection and an opportunity has been given to all interested parties to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented and being fully advised in the premises, finds each of the lots, pieces and parcels of land enumerated in the proposed assessment roll, dated April 11th, 2019, in the aggregate amount of $4,839.04 subject to prepayments during the hearing process of $0.00, which results in an unchanged aggregate amount of $4,839.04, is subject to such charges and that such amount is hereby levied against each of the respective lots, pieces and parcels of land therein described. The Clerk is hereby directed to amend all necessary parts of the one page of Assessment Roll 659, adopted for hearing purposes by Resolution No. 2019-56 and to attach the assessment roll in the amount of $4,839.04 to this Resolution as Exhibit B, then containing one page. 3. The proposed assessment roll is hereby adopted and confirmed as the proper special assessment for each of said lots. Each assessment, together with interest at the rates set forth in Exhibit A of Resolution No. 2019-56 accruing on the full amount thereof, from time to time unpaid, shall be a lien concurrent with one (1) year's interest on that and other unpaid installments to be payable with the general taxes for each consecutive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessment roll to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may, at any time, pay the whole of such assessment with interest accrued to day of payment, to the Treasurer of the municipality except that the entire amount may be paid within thirty (30) days hereof without interest. 3 5. The Finance Director shall, as soon as may be, prepare and transmit to the County Auditor, a Special Assessment Input form as may be prescribed by the County Auditor, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessments in the manner provided by law. ADOPTED this 9th day of May, 2019. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk * * * * * * * * * * * The motion for the adoption of the foregoing Resolution was duly seconded by Member XXX upon a vote being taken thereon, the following voted in favor: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted on the 9th day of May, 2019. CLERK’S CERTIFICATE I, the undersigned, being duly qualified and acting Clerk of the City of Apple Valley, Dakota County, Minnesota, hereby certify that I have compared the attached and foregoing Extract of Minutes with the original thereof, on file in my office, and that the same is a true and complete transcript of the minutes of a meeting of the Council of said municipality, duly called and held on the date herein indicated, so far as the minutes relate to the levy of assessments for improvements in said municipality. WITNESS my hand and seal of said City this 9th day of May, 2019. ______________________________________ Pamela J. Gackstetter, City Clerk 4 Exhibit A RESOLUTION NO. 2019- None Exhibit B Resolution Number 2019-56 Delinquent Mowing & Tree Removal Assessment #659 PID#/Plat Name/Description Owner Name/Address Billing Name/Address Amount 01 16403 00 010 DEALER, INC ACTIVE DEALER, INC. $ 163.92 CARROLLWOOD VILLAGE 4TH 836 WILLARD ST. UNPLATTED LAWN MOWING STILLWATER, MN 55082 APPLE VALLEY, MN 55124 01 31010 01 740 GEORGE & LYNN OSTROUSHKO GEORGE & LYNN OSTROUSHKO $4,675.12 GREENLEAF 11TH 14039 DUNBAR CT. 14039 DUNBAR CT. DISEASED TREE REMOVAL APPLE VALLEY, MN 55124 APPLE VALLEY, MN 55124 TOTAL ASSESSMENT $4,839.04 I T E M: 5.E. CO UNC I L ME ET I NG D AT E :May 9, 2019 S E CT I ON:Regular Agenda Description: 2019 Special Assessment Roll No. 660, $162,902.71 - Delinquent Utilities Staff Contact: Cathy Broughten, Assistant Finance D irector Department / Division: Finance Department AC T IO N RE Q UE S T E D: 1. Hold a public hearing. 2. Adopt the resolution levying 2019 Special Assessment Roll No. 660, delinquent utility charges, in the amount of $162,902.71, minus any prepayments. S UM M ARY: Attached please find the public hearing documents for the 2019 Special Assessment Roll No. 660 for delinquent utility account charges for those properties served by utilities. T he public hearing notices have been mailed to the affected property owners and the affidavits of publication of the hearing notices have been received. BACK G ROUND: T he process followed is to complete a certification process of delinquent accounts twice per year. T his twice per year process is unusual for metro area cities, but protects the city by accelerating the process of establishing the unpaid amounts as a lien on the property and avoiding issues that may arise by property owners filing bankruptcy. T he certification process also serves as the city’s “collection agency” and collection process. T he Spring certification process started with 1,027 letters being sent February 28, 2019 to all customers who had a delinquent balance, notifying them that if the account was not paid by March 21, 2019, the delinquent amounts would be certified for collection. Once this payment deadline passed, a list of remaining delinquent accounts was prepared and is included for the certification process. Following the City Council calling for a public hearing, a certification letter was sent to the delinquent account holder notifying them of the public hearing and the proposed certification amount, which includes a $50 certification fee. Following the public hearing on May 9, 2019 and Council adoption of an assessment roll, property owners will have 30 days to pay at City offices prior to the list being certified to the county for collection. T he total amount of the assessment was originally $162,902.71 and represented 505 accounts. T his amount is down from the Fall 2018 certification total of $167,021.21, which included 553 accounts. It is higher than the Spring 2018 amount of $153,360.69 which included 488 accounts. We have received $23,413.30 payments to date, which brings the current balance to $139,489.41. History of recent certifications: Spring '15 Fall '15 Spring '16 Fall '16 Spring '17 Fall '17 Spring '18 F all '18 Spring '19 Amount Certified $162,825 $152,995 $137,712 $150,436 $155,626 $151,540 $153,361 $167,021 $162,903 Number of a/c's 515 563 504 538 489 536 488 553 505 Av erage $316 $272 $273 $280 $318 $283 $314 $302 $323 Prepayments will be accepted by the C ity until Monday, J une 10, 2019. At that time, the balance will be submitted to Dakota C ounty to be levied on the 2020 property tax statements along with 8% interest from the date of the adoption of the assessment roll. No written objections have been received. BUDGE T IM PAC T: T he ultimate adoption of the assessment roll and the collection of the certified amounts will avoid having to write-off $162,902.71 of previously billed utility revenues. AT TACHM E NT S: Resolution E xhibit EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, DAKOTA COUNTY MINNESOTA, HELD ON MAY 9, 2019 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Apple Valley, Dakota County, Minnesota, was held at the Municipal Center in said municipality on the 9th day of May, 2019, at 7:00 o'clock p.m. The following members were present: and the following were absent: * * * * * * * * * * * The Finance Director presented an affidavit of publication showing publication of the Notice of Hearing on proposed assessment roll 660 for improvements as described in said notice. Said affidavit showed publication in the official newspaper in accordance with a resolution heretofore adopted by the City Council, which affidavit was examined, found satisfactory and ordered placed on file. The Mayor announced that the meeting was open for consideration of objections, if any, to said proposed assessment and the Mayor proceeded to conduct the hearing related to the assessment roll. All persons were given an opportunity to present all objections and all written objections theretofore filed with the Clerk were presented and considered and all objections were tabulated and are attached hereto as Exhibit A. The Mayor then declared the hearing closed. Member XXX introduced Resolution No. 2019-xx and moved its adoption: * * * * * * * * * * * CITY OF APPLE VALLEY RESOLUTION NO. 2019- RESOLUTION APPROVING AND LEVYING SPECIAL ASSESSMENTS WHEREAS, public hearings have been duly held this 9th day of May, 2019, concerning the proposed assessment roll as set forth in Council Resolution No. 2019-58 with all objections to any of said assessment having been duly noted and considered, if any. BE IT THEREFORE RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The Assistant Finance Director has calculated the amount proper and necessary to be specially assessed for improvements in the areas described in the legal notice of public hearing, as set forth in Exhibit A of Resolution No. 2019-58, against every assessable lot, piece or parcel of land affected thereby upon the basis of benefits without regard to cash valuation in accordance with the provisions of Minnesota Statutes Annotated, Section 429; and notice has been duly published and mailed as required by law that this Council would meet and pass upon all objections, if any, and to amend said proposed assessment as might be necessary; and said proposed assessment roll has at all times since their filing been open for public inspection and an opportunity has been given to all interested parties to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented and being fully advised in the premises, finds each of the lots, pieces and parcels of land enumerated in the proposed assessment roll, dated April 11, 2019, in the aggregate amount of $162,902.71 subject to prepayments during the hearing process of $23,413.30, which changes result in a revised aggregate amount of $139,489.41, is subject to such charges and that such amount is hereby levied against each of the respective lots, pieces and parcels of land therein described. The Clerk is hereby directed to amend all necessary parts of the then containing 6 pages of Assessment Roll 660, adopted for hearing purposes by Resolution No. 2019-58 and to attach the amended assessment roll in the amount of $139,489.41, to this Resolution as Exhibit B, now containing 5 pages. 3. The proposed assessment roll is hereby adopted and confirmed as the proper special assessment for each of said lots. Each assessment, together with interest at the rates set forth in Exhibit A of Resolution No. 2019-58 accruing on the full amount thereof, from time to time unpaid, shall be a lien concurrent with one (1) year's interest on that and other unpaid installments to be payable with the general taxes for each consecutive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessment roll to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may, at any time, pay the whole of such assessment with interest accrued to day of payment, to the Treasurer of the municipality except that the entire amount may be paid within thirty (30) days hereof without interest. 5. The Assistant Finance Director shall, as soon as may be, prepare and trans- mit to the County Auditor, a Special Assessment Input form as may be prescribed by the County Auditor, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessments in the manner provided by law. ADOPTED this 9th day of May, 2019. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk * * * * * * * * * * * The motion for the adoption of the foregoing Resolution was duly seconded by Member XXX upon a vote being taken thereon, the following voted in favor: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted on the 9th day of May, 2019. CERTIFICATE I, the undersigned, being duly qualified and acting Clerk of the City of Apple Valley, Dakota County, Minnesota, hereby certify that I have compared the attached and foregoing Extract of Minutes with the original thereof, on file in my office, and that the same is a true and complete transcript of the minutes of a meeting of the Council of said municipality, duly called and held on the date herein indicated, so far as the minutes relate to the levy of assessments for improvements in said municipality. WITNESS my hand and seal of said City this ______ day of _______________, 2019. ___________________________________ Pamela J. Gackstetter, City Clerk Exhibit A RESOLUTION NO. 2019- None PID Name Address CityStateZip Account #Plat_Name Amount 01-02200-50-020 MILLICENT WARRINGTON 13421 CEDAR AVE APPLE VALLEY, MN 55124 0630134215 UNPLATTED $174.51 01-10330-01-030 RANDY GOEKE 14314 HEYWOOD AVE APPLE VALLEY, MN 55124 0588143145 UNPLATTED $171.40 01-10350-01-090 WENDY BLANCO 14270 HEMLOCK CT N APPLE VALLEY, MN 55124 0363142700 ACADEMY VILLAGE $357.98 01-10350-02-080 KATIE PETTEE 14349 HEMLOCK CT S APPLE VALLEY, MN 55124 0363143492 ACADEMY VILLAGE $331.02 01-10350-02-080 RESIDENT 14353 HEMLOCK CT S APPLE VALLEY, MN 55124 0363143534 ACADEMY VILLAGE $421.92 01-10350-02-160 DESIREE ROSENBLOOM 14322 HEMLOCK CT S APPLE VALLEY, MN 55124 0363143229 ACADEMY VILLAGE $189.66 01-10350-02-160 TABETHA WOODSON 14318 HEMLOCK CT S APPLE VALLEY, MN 55124 0363143187 ACADEMY VILLAGE $392.46 01-10350-20-001 ISAAC AGUILAR 14251 HAYES RD APPLE VALLEY, MN 55124 0360142513 ACADEMY VILLAGE $698.51 01-10350-20-004 LAMONT JACOBS 14255 HAYES RD APPLE VALLEY, MN 55124 0360142554 ACADEMY VILLAGE $412.36 01-10350-40-002 DEAQUA ELD 14327 HEMLOCK CT S APPLE VALLEY, MN 55124 0363143278 ACADEMY VILLAGE $392.63 01-11650-01-130 JASON BOUDREAU 7234 158TH ST W APPLE VALLEY, MN 55124 0210072342 APPLE PONDS $293.44 01-11650-02-040 MOHAMED AHMED 7360 UPPER 157TH ST W APPLE VALLEY, MN 55124 0209073608 APPLE PONDS $325.34 01-11650-03-180 PAULINE OBIERO 7325 UPPER 157TH ST W APPLE VALLEY, MN 55124 0209073251 APPLE PONDS $353.20 01-11650-03-210 ERIC ASLESON 7361 UPPER 157TH ST W APPLE VALLEY, MN 55124 0209073616 APPLE PONDS $277.83 01-11651-01-010 THERESA WINTER 15940 GARRETT PATH APPLE VALLEY, MN 55124 0060159405 APPLE PONDS 2ND $224.80 01-11651-03-060 CHAD BALLUFF 15875 GARRETT PATH APPLE VALLEY, MN 55124 0060158753 APPLE PONDS 2ND $290.35 01-11652-01-050 JOSE GOMEZ 15852 GALVESTON AVE APPLE VALLEY, MN 55124 0107158527 APPLE PONDS 3RD $354.36 01-11652-03-010 LEE HEGGEN 7198 158TH ST W APPLE VALLEY, MN 55124 0210071989 APPLE PONDS 3RD $272.20 01-11653-02-020 DIANE ARNOLD 7066 159TH ST W APPLE VALLEY, MN 55124 0215070663 APPLE PONDS 4TH $352.76 01-11653-02-160 ROXANNE BORCHARDT 7194 159TH ST W APPLE VALLEY, MN 55124 0215071943 APPLE PONDS 4TH $284.08 01-11700-02-090 PAULA WICKLUM 184 LINDEN CIR APPLE VALLEY, MN 55124 0375001845 APPLE VALLEY $357.45 01-11701-02-040 LESLY KEATON 277 ELM DR APPLE VALLEY, MN 55124 0351002775 APPLE VALLEY 2ND $307.84 01-11701-03-230 CERBERUS SFR HOLDINGS 249 WALNUT LN APPLE VALLEY, MN 55124 0414002499 APPLE VALLEY 2ND $58.76 01-11701-03-240 DENISE CLENDENING 253 WALNUT LN APPLE VALLEY, MN 55124 0414002531 APPLE VALLEY 2ND $433.54 01-11701-04-220 SUE PETERSON 221 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0345002212 APPLE VALLEY 2ND $315.61 01-11702-07-320 TYLER ZEHRING 357 WALNUT LN APPLE VALLEY, MN 55124 0414003570 APPLE VALLEY 3RD $260.50 01-11702-08-080 MARK STATELY 317 WALNUT LN APPLE VALLEY, MN 55124 0414003174 APPLE VALLEY 3RD $229.20 01-11702-09-080 DONALD KRESSIN 284 WALNUT LN APPLE VALLEY, MN 55124 0414002846 APPLE VALLEY 3RD $280.22 01-11702-10-170 BOBBI LEONARD 332 WALNUT LN APPLE VALLEY, MN 55124 0414003323 APPLE VALLEY 3RD $179.06 01-11703-02-140 JEFFREY GINTZ 908 MCINTOSH DR APPLE VALLEY, MN 55124 0061009088 APPLE VALLEY 4TH $298.15 01-11703-02-201 TRISHA TAYLOR 913 ORIOLE DR APPLE VALLEY, MN 55124 0070009137 APPLE VALLEY 4TH $352.56 01-11703-04-130 THOMAS MCKENNA 884 ORIOLE DR APPLE VALLEY, MN 55124 0070008840 APPLE VALLEY 4TH $338.15 01-11703-07-090 MICHELLE FREEMAN 909 MINJON DR APPLE VALLEY, MN 55124 0058009091 APPLE VALLEY 4TH $219.15 01-11703-07-100 KRIS AUGDAHL 913 MINJON DR APPLE VALLEY, MN 55124 0058009133 APPLE VALLEY 4TH $247.87 01-11703-09-040 ROBB SANDEY 952 BEACON LN APPLE VALLEY, MN 55124 0007009523 APPLE VALLEY 4TH $94.06 01-11703-10-170 JAMES BERGEN 921 DUCHESS LN APPLE VALLEY, MN 55124 0022009219 APPLE VALLEY 4TH $345.13 01-11705-06-050 JIM VOGEL 933 WHITNEY DR APPLE VALLEY, MN 55124 0100009339 APPLE VALLEY 6TH $295.66 01-11705-06-080 LERRENA EVERETT 893 COOPER LN APPLE VALLEY, MN 55124 0010008934 APPLE VALLEY 6TH $504.63 01-11706-01-030 ROBERT KNOUREK 192 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0019001922 APPLE VALLEY 7TH $368.01 01-11706-05-100 GEORGE M ONCHIRI 960 CORTLAND DR S APPLE VALLEY, MN 55124 0016009605 APPLE VALLEY 7TH $119.05 01-11706-07-110 CHRIS BROWN 957 WHITNEY DR APPLE VALLEY, MN 55124 0100009578 APPLE VALLEY 7TH $160.09 01-11706-07-170 VIRGINIA PAPNHAUSEN 981 WHITNEY DR APPLE VALLEY, MN 55124 0100009818 APPLE VALLEY 7TH $255.81 01-11706-08-040 ROBERT G SMALE 984 WHITNEY DR APPLE VALLEY, MN 55124 0100009842 APPLE VALLEY 7TH $284.44 01-11706-08-130 ADAM REED 948 WHITNEY DR APPLE VALLEY, MN 55124 0100009487 APPLE VALLEY 7TH $333.29 01-11707-02-010 RICHARD HANOUSEK 869 MCINTOSH DR APPLE VALLEY, MN 55124 0061008692 APPLE VALLEY 8TH $452.52 01-11707-06-090 VALERIE L SAUL-TAYLOR 816 MCINTOSH DR APPLE VALLEY, MN 55124 0061008163 APPLE VALLEY 8TH $402.97 01-11707-07-010 MARSHA ABDULLAH 892 MCINTOSH DR APPLE VALLEY, MN 55124 0061008924 APPLE VALLEY 8TH $267.58 01-11707-09-070 HUGH O'DONNELL 825 ORIOLE DR APPLE VALLEY, MN 55124 0070008253 APPLE VALLEY 8TH $308.69 01-11707-12-010 BRIAN TIMM 864 WHITNEY DR APPLE VALLEY, MN 55124 0100008646 APPLE VALLEY 8TH $351.05 01-11707-12-100 ADAM SWARTS 771 NEWELL DR APPLE VALLEY, MN 55124 0067007714 APPLE VALLEY 8TH $342.32 01-11708-00-020 CHAD PIERCE 989 GARDEN VIEW DR APPLE VALLEY, MN 55124 0034009892 APPLE VALLEY 9TH $315.91 01-11708-02-070 OSIEL GARCIA 911 GARDEN VIEW DR APPLE VALLEY, MN 55124 0034009116 APPLE VALLEY 9TH $450.09 01-11709-01-020 JAMIE A EVERETTS 72 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0019000726 APPLE VALLEY 10TH $340.77 01-11709-01-040 CASSANDRA VOELLER 62 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0019000643 APPLE VALLEY 10TH $376.07 01-11709-04-080 MICHAEL CROSS 830 JONATHAN DR APPLE VALLEY, MN 55124 0049008301 APPLE VALLEY 10TH $318.50 01-11709-04-170 DAVID ROBERTS 831 FIRESIDE DR APPLE VALLEY, MN 55124 0031008319 APPLE VALLEY 10TH $433.21 01-11710-01-190 JEFF CARPENTER 1067 LOWELL DR APPLE VALLEY, MN 55124 0055010670 APPLE VALLEY 11TH $185.38 01-11710-01-350 CHRISTINE KONAKOWITZ 1005 BALDWIN DR APPLE VALLEY, MN 55124 0004010052 APPLE VALLEY 11TH $414.47 01-11710-03-100 DENA TORKELSON 1070 LOWELL DR APPLE VALLEY, MN 55124 0055010704 APPLE VALLEY 11TH $254.95 01-11711-07-350 PAUL HENJUM 1075 WHITNEY DR APPLE VALLEY, MN 55124 0100010758 APPLE VALLEY 12TH $259.01 01-11712-02-010 ERIC SCHICKLING 1006 WHITNEY DR APPLE VALLEY, MN 55124 0100010063 APPLE VALLEY 13TH $118.97 01-11712-02-150 ANGELA G MATTHIES 1062 WHITNEY DR APPLE VALLEY, MN 55124 0100010626 APPLE VALLEY 13TH $29.52 01-11731-01-030 KIDS CLUBHOUSE CHILDCARE IRR 14980 1/2 GARRETT AVE APPLE VALLEY, MN 55124 0748149816 APPLE VALLEY COMMERCIAL 2ND $71.87 01-11750-03-030 CHARLES HAYSLETT III 15126 DUNBAR BLVD APPLE VALLEY, MN 55124 0025151265 APPLE VALLEY EAST $507.98 01-11750-04-060 GETAHUN TESFAYE 15344 DUNBAR AVE APPLE VALLEY, MN 55124 0024153445 APPLE VALLEY EAST $403.23 01-11750-04-110 RESIDENT 15144 DUNBAR BLVD APPLE VALLEY, MN 55124 0025151448 APPLE VALLEY EAST $329.10 01-11750-04-120 MARK N LIDKE 15142 DUNBAR BLVD APPLE VALLEY, MN 55124 0025151422 APPLE VALLEY EAST $315.09 01-11750-04-150 ANGELA HOLLIE 15136 DUNBAR BLVD APPLE VALLEY, MN 55124 0025151364 APPLE VALLEY EAST $324.71 01-11751-05-060 JOHN MARKGRAF 15355 DRESDEN WAY APPLE VALLEY, MN 55124 0018153559 APPLE VALLEY EAST 2ND $309.98 01-11752-02-010 LUIS BELLIDO 15330 DREXEL WAY APPLE VALLEY, MN 55124 0657153304 APPLE VALLEY EAST 3RD $200.05 01-11753-04-020 BRAD RUTH 15472 DREXEL WAY APPLE VALLEY, MN 55124 0657154724 APPLE VALLEY EAST 4TH $360.58 01-14700-02-120 PATRICIA PUTNAM 140 STRESE LN APPLE VALLEY, MN 55124 0408001408 BOB'S GARDEN VIEW $341.41 01-14701-03-010 SCOTT BERG 128 STRESE LN APPLE VALLEY, MN 55124 0408001283 BOB'S GARDEN VIEW 2ND $257.60 01-14701-03-060 KELLY VEZNER 121 WALNUT CIR APPLE VALLEY, MN 55124 0411001213 BOB'S GARDEN VIEW 2ND $304.13 01-14701-03-100 JAMES ROBERTS 137 WALNUT CIR APPLE VALLEY, MN 55124 0411001379 BOB'S GARDEN VIEW 2ND $340.74 01-14702-01-010 THOMAS STANDAFER 129 GARDEN VIEW DR APPLE VALLEY, MN 55124 0354001295 BOB'S GARDEN VIEW 3RD $437.99 01-14702-03-050 JEREK DAIN 188 WALNUT LN APPLE VALLEY, MN 55124 0414001889 BOB'S GARDEN VIEW 3RD $311.71 01-14702-03-160 JENNIFER ROSA 193 COUNTY ROAD 42 APPLE VALLEY, MN 55124 0345001933 BOB'S GARDEN VIEW 3RD $315.50 01-14703-03-050 JUDY WENNBERG 144 OAKWOOD RD APPLE VALLEY, MN 55124 0381001441 BOB'S GARDEN VIEW 4TH $366.00 01-15200-03-010 PAUL DORNBACH 7022 121ST ST W APPLE VALLEY, MN 55124 0774070220 BRIAR OAKS OF AV $275.54 01-15201-01-070 RORY BERNSTEIN 12067 GANTRY CT APPLE VALLEY, MN 55124 0744120675 BRIAR OAKS OF AV 2ND $731.49 01-15201-05-010 JULIE LONDGREN 7138 121ST ST W APPLE VALLEY, MN 55124 0774071384 BRIAR OAKS OF AV 2ND $325.30 01-15201-05-030 LYNN KOSLOSKE 7162 121ST ST W APPLE VALLEY, MN 55124 0774071624 BRIAR OAKS OF AV 2ND $373.94 01-16300-02-010 THIENNHIEN BUI 14571 GUTHRIE AVE APPLE VALLEY, MN 55124 0358145718 CARROLLTON ESTATES $158.68 01-16301-04-090 BETTY ANNE MYERS 8070 UPPER 146TH ST W APPLE VALLEY, MN 55124 0330080702 CARROLLTON ESTATES $185.38 Exhibit B Resolution Number 2019-58 Delinquent Utility Accounts Assessment #660 Page 1 of 6 PID Name Address CityStateZip Account #Plat_Name Amount Exhibit B Resolution Number 2019-58 Delinquent Utility Accounts Assessment #660 01-16303-01-030 JEFF ZIMMERMAN 14850 HAYES RD APPLE VALLEY, MN 55124 0360148502 CARROLLTON ESTATES 4TH $390.01 01-16303-03-490 RESIDENT 7935 147TH ST W APPLE VALLEY, MN 55124 0333079354 CARROLLTON ESTATES 4TH $126.42 01-16304-02-100 TYLER SEVERSON 14861 HAVEN DR APPLE VALLEY, MN 55124 0419148610 CARROLLTON ESTATES 5TH $295.96 01-16400-02-010 RONALD LIDBECK 14458 UPPER GUTHRIE CT APPLE VALLEY, MN 55124 0359144587 CARROLLWOOD VILLAGE $200.19 01-16400-02-060 PAMELA TRUMP 14478 UPPER GUTHRIE CT APPLE VALLEY, MN 55124 0359144785 CARROLLWOOD VILLAGE $276.41 01-16401-01-030 PERRY LYNUM 14409 GUTHRIE WAY APPLE VALLEY, MN 55124 0356144093 CARROLLWOOD VILLAGE 2ND $297.16 01-16404-01-170 ROBERT OLMOS 7775 GLENDA CT APPLE VALLEY, MN 55124 0353077759 CARROLLWOOD VILLAGE 5TH $134.84 01-16404-01-250 MATTHEW BARTELS 7853 GLENDA CT APPLE VALLEY, MN 55124 0353078534 CARROLLWOOD VILLAGE 5TH $331.26 01-16404-01-280 RESIDENT 7862 GLENDA CT APPLE VALLEY, MN 55124 0353078625 CARROLLWOOD VILLAGE 5TH $289.40 01-16580-04-060 BOBBI WATTS 14222 FREEPORT TRL APPLE VALLEY, MN 55124 0708142223 CEDAR ISLE ESTATES $475.66 01-16581-02-130 JUDITH ESCAMILA 14015 FREEPORT CT APPLE VALLEY, MN 55124 0738140155 CEDAR ISLE ESTATES 2ND $436.10 01-16584-03-150 STEPHEN WILLIS 14073 FLAGSTONE TRL APPLE VALLEY, MN 55124 0713140733 CEDAR ISLE ESTATES 5TH $513.61 01-16591-01-140 YUK KWAN YAU 14336 FLORA WAY APPLE VALLEY, MN 55124 0707143362 CEDAR ISLE VILLAGE HOMES 2ND $241.05 01-16591-02-100 BRIAN BALLINGER 14354 FLORA CT APPLE VALLEY, MN 55124 0741143543 CEDAR ISLE VILLAGE HOMES 2ND $387.00 01-17002-01-090 MAHA SAADEH 8230 HAVELOCK CT APPLE VALLEY, MN 55124 0533082307 CHATEAU ESTATES 2ND $202.52 01-17150-01-120 YVONNE NGANDO 13413 GEORGIA CIR APPLE VALLEY, MN 55124 0761134133 CHERRY OAKS ESTATES $413.11 01-17152-01-020 ISAAK GEEDI 13417 GENEVA WAY APPLE VALLEY, MN 55124 0756134171 CHERRY OAKS ESTATES 3RD $456.50 01-18050-02-060 BRIAN KOHORST 15715 DIAMOND WAY APPLE VALLEY, MN 55124 0154157158 COBBLESTONE LAKE $407.21 01-18053-03-020 RESIDENT 15604 DUNBERRY CIR APPLE VALLEY, MN 55124 0877260818 COBBLESTONE LAKE 4TH $367.25 01-18060-06-010 DEBRA LEE WENSMANN 4796 159TH ST W APPLE VALLEY, MN 55124 0877261333 COBBLESTONE LAKE SOUTH SHORE $50.00 01-18060-10-010 STEVE KYLLO 15850 DUMONT LN APPLE VALLEY, MN 55124 0877260143 COBBLESTONE LAKE SOUTH SHORE $508.27 01-18062-01-020 CHRISTOPHER KEYES 15852 COBBLESTONE LAKE PKWY APPLE VALLEY, MN 55124 0877261148 COBBLESTONE LAKE SOUTH SHORE 3RD $301.76 01-18062-04-010 JEFFREY HAMMILL 15889 EASTBEND WAY APPLE VALLEY, MN 55124 0877261748 COBBLESTONE LAKE SOUTH SHORE 3RD $650.33 01-18062-06-020 ABDI DHINBIL 15872 EASTCHESTER RD APPLE VALLEY, MN 55124 0877261398 COBBLESTONE LAKE SOUTH SHORE 3RD $531.73 01-18062-06-070 ERIC S ALLEN 15877 DUXBURY LN APPLE VALLEY, MN 55124 0877261813 COBBLESTONE LAKE SOUTH SHORE 3RD $391.37 01-18062-07-090 SHARIFF RASOUL 4930 159TH ST W APPLE VALLEY, MN 55124 0877261443 COBBLESTONE LAKE SOUTH SHORE 3RD $374.13 01-18075-01-130 BOBBI WARNKE 13348 HUGHES CT APPLE VALLEY, MN 55124 0254133483 COBBLESTONE MANOR $311.39 01-18076-02-190 SHANNON WASHINGTON 8682 134TH ST W APPLE VALLEY, MN 55124 0583086828 COBBLESTONE MANOR 2ND $325.25 01-18077-01-020 KENT TROYER 8681 134TH ST W APPLE VALLEY, MN 55124 0583086810 COBBLESTONE MANOR 3RD $218.46 01-18100-01-040 JILLIAN MUSSELMAN 13677 HOLYOKE LN APPLE VALLEY, MN 55124 0365136775 COBBLESTONE LAKEVIEW $314.05 01-18150-01-100 JUDY VAN VOORHIS 8520 135TH ST W APPLE VALLEY, MN 55124 0584085209 COBBLESTONES I $363.22 01-18150-03-102 HOSSAM AFIFI 8657 135TH ST W APPLE VALLEY, MN 55124 0584086579 COBBLESTONES I $369.12 01-18151-01-010 DAVID C ANDERSON 8637 135TH ST W APPLE VALLEY, MN 55124 0584086371 COBBLESTONES I REPLAT $350.64 01-18151-01-020 WENDY ROGERS 8635 135TH ST W APPLE VALLEY, MN 55124 0584086355 COBBLESTONES I REPLAT $235.82 01-18300-03-010 ROBERT MARSH 15430 EAGLE BAY WAY APPLE VALLEY, MN 55124 0877262573 CORTLAND $345.53 01-18301-03-020 CHRIS JONES 15315 EAGLE BAY WAY APPLE VALLEY, MN 55124 0877263143 CORTLAND 2ND $532.29 01-18302-01-160 AVINASH BHATNAGAR 15222 EMBRY PATH APPLE VALLEY, MN 55124 0877264793 CORTLAND 3RD $7.82 01-19900-02-020 ERLAND FLAMING 5262 144TH ST W APPLE VALLEY, MN 55124 0170052623 DELANEY PARK $438.84 01-19900-02-080 BRIAN MORRILL 5186 144TH ST W APPLE VALLEY, MN 55124 0170051864 DELANEY PARK $284.77 01-19902-01-040 MARK SAUER 14593 EMBRY PATH APPLE VALLEY, MN 55124 0032145938 DELANEY PARK 3RD $564.06 01-19902-01-050 TOM BISHOP 14607 EMBRY PATH APPLE VALLEY, MN 55124 0032146076 DELANEY PARK 3RD $471.13 01-20500-02-070 KURT RUBERG 14684 DORY CT APPLE VALLEY, MN 55124 0663146847 DIAMOND PATH $132.52 01-20500-02-250 JASON LINDNER 14685 DENMARK CT APPLE VALLEY, MN 55124 0645146857 DIAMOND PATH $327.03 01-20500-03-320 CORLIN FRANZMEIER 14700 DORY CT APPLE VALLEY, MN 55124 0663147001 DIAMOND PATH $338.15 01-20502-01-200 PAUL BROWN 5178 148TH PATH W APPLE VALLEY, MN 55124 0192051785 DIAMOND PATH 3RD $309.76 01-20502-02-070 JOSEPH BETLEY 14898 EASTER AVE APPLE VALLEY, MN 55124 0660148986 DIAMOND PATH 3RD $272.31 01-20502-02-100 AMY J MURRAY 5038 148TH PATH W APPLE VALLEY, MN 55124 0192050381 DIAMOND PATH 3RD $129.36 01-20502-02-190 ERIC WIEDL 4913 UPPER 148TH CT W APPLE VALLEY, MN 55124 0193049135 DIAMOND PATH 3RD $401.06 01-20502-05-030 JODI COSITT 14968 DUNDEE AVE APPLE VALLEY, MN 55124 0029149687 DIAMOND PATH 3RD $320.41 01-20502-05-050 JASON EVANS 14944 DUNDEE AVE APPLE VALLEY, MN 55124 0029149448 DIAMOND PATH 3RD $292.60 01-20502-08-110 JARED PERO 4985 148TH PATH W APPLE VALLEY, MN 55124 0192049854 DIAMOND PATH 3RD $377.35 01-20502-09-050 PHILLIP RAMEY 5120 148TH PATH W APPLE VALLEY, MN 55124 0192051207 DIAMOND PATH 3RD $389.13 01-20503-01-020 DONALD PERSON 14934 ECHO WAY APPLE VALLEY, MN 55124 0033149343 DIAMOND PATH 4TH $218.11 01-20503-01-040 JAMES ARNOLD 14940 ECHO WAY APPLE VALLEY, MN 55124 0033149400 DIAMOND PATH 4TH $328.20 01-20503-01-060 TYRONE PRIMOLI 14946 ECHO WAY APPLE VALLEY, MN 55124 0033149467 DIAMOND PATH 4TH $319.36 01-20503-02-160 MOHMUD HAGUF 14850 ECHO WAY APPLE VALLEY, MN 55124 0033148501 DIAMOND PATH 4TH $501.71 01-20503-02-210 SAMANTHA SUCHY 14910 ECHO WAY APPLE VALLEY, MN 55124 0033149103 DIAMOND PATH 4TH $413.36 01-20503-02-230 ROBERT B MASK JR 14918 ECHO WAY APPLE VALLEY, MN 55124 0033149186 DIAMOND PATH 4TH $332.35 01-20504-01-020 DORCA NYAUMA 5451 UPPER 147TH ST W APPLE VALLEY, MN 55124 0869054514 DIAMOND PATH 5TH $218.15 01-20505-01-018 ANDREW LEECH 14722 EMBRY PATH APPLE VALLEY, MN 55124 0032147223 DIAMOND PATH 6TH $298.90 01-20505-01-037 RANDI HANSEN 14692 EMBRY PATH APPLE VALLEY, MN 55124 0032146928 DIAMOND PATH 6TH $300.54 01-20505-01-040 STANLEY WILSON 14688 EMBRY PATH APPLE VALLEY, MN 55124 0032146886 DIAMOND PATH 6TH $320.97 01-20505-01-049 THOMAS J WALKER 5098 147TH ST W APPLE VALLEY, MN 55124 0184050985 DIAMOND PATH 6TH $136.37 01-20505-01-052 DARRIN CHANCE-WATER OFF 5090 147TH ST W APPLE VALLEY, MN 55124 0184050902 DIAMOND PATH 6TH $214.75 01-20505-01-053 DARRIN BERGSTROM 14676 EMBRY PATH APPLE VALLEY, MN 55124 0032146761 DIAMOND PATH 6TH $301.32 01-20505-01-131 JOANNE MERTZ 14794 EMBRY PATH APPLE VALLEY, MN 55124 0032147942 DIAMOND PATH 6TH $41.51 01-20505-01-132 SUSAN ANDERSON 14792 EMBRY PATH APPLE VALLEY, MN 55124 0032147926 DIAMOND PATH 6TH $271.53 01-20505-01-133 JULIE LUNDSTROM 5175 148TH ST W APPLE VALLEY, MN 55124 0191051752 DIAMOND PATH 6TH $293.55 01-20508-02-200 MEHDI A. CHOUMAN 5148 148TH ST W APPLE VALLEY, MN 55124 0191051489 DIAMOND PATH 9TH $235.02 01-20509-01-040 JEREMY BERCHEM-WATER OFF 14935 ECHO WAY APPLE VALLEY, MN 55124 0033149350 DIAMOND PATH 10TH $299.58 01-20510-01-270 TROY A PALMER 5236 149TH ST W APPLE VALLEY, MN 55124 0196052367 DIAMOND PATH 11TH $250.81 01-22450-05-020 DWIGHT NEAL 13720 GEORGIA DR APPLE VALLEY, MN 55124 0761137201 EAGLE RIDGE ESTATES $284.65 01-22451-01-090 ELIZABETH GOBINA 13629 GLASGOW LN APPLE VALLEY, MN 55124 0767136298 EAGLE RIDGE ESTATES 2ND $318.64 01-22451-01-110 JAMAL AWOW 13605 GLASGOW LN APPLE VALLEY, MN 55124 0767136058 EAGLE RIDGE ESTATES 2ND $138.97 01-22451-02-030 ANGELA JOHNSON 13594 GLASGOW LN APPLE VALLEY, MN 55124 0767135944 EAGLE RIDGE ESTATES 2ND $364.05 01-23200-01-020 BALDWIN SAWYER 13320 CEDAR AVE APPLE VALLEY, MN 55124 0630133209 EASTWOOD RIDGE $326.21 01-23201-01-020 MONIQUE HARRIS 12859 GARRETT CT APPLE VALLEY, MN 55124 0877261518 EASTWOOD RIDGE 2ND $387.92 01-23201-03-040 CRAIG SADLAK 7008 128TH STREET CT W APPLE VALLEY, MN 55124 0877262153 EASTWOOD RIDGE 2ND $403.94 01-23700-01-410 MICHELLE J O'DONNELL 5330 EMERALD WAY APPLE VALLEY, MN 55124 0632053306 EMERALD POINT $319.73 01-23702-01-060 GREGORY BELL 5378 EMERALD WAY APPLE VALLEY, MN 55124 0632053785 EMERALD POINT 3RD $353.58 01-25650-03-070 CHARLES NORKUNAS 13470 ELKWOOD DR APPLE VALLEY, MN 55124 0664134107 FARQUAR HILLS $258.96 01-25650-03-100 ROBERT REISCHAUER 13416 ELKWOOD CIR APPLE VALLEY, MN 55124 0662134166 FARQUAR HILLS $208.62 01-25650-03-230 JARROD M BEACH 13532 LOWER ELKWOOD CT APPLE VALLEY, MN 55124 0662135320 FARQUAR HILLS $404.22 01-25650-03-310 CHAD PAIKO 13636 UPPER ELKWOOD CT APPLE VALLEY, MN 55124 0662136369 FARQUAR HILLS $290.89 01-25650-05-050 MICHAEL J ROBY 13627 ELKWOOD DR APPLE VALLEY, MN 55124 0664136276 FARQUAR HILLS $400.00 Page 2 of 6 PID Name Address CityStateZip Account #Plat_Name Amount Exhibit B Resolution Number 2019-58 Delinquent Utility Accounts Assessment #660 01-27503-01-010 VANESSA KAHLE 8612 HOLLAND AVE APPLE VALLEY, MN 55124 0535086124 FOREST PARK ESTATES 4TH $263.38 01-28951-01-010 DEAN HEWES 14201 HIBISCUS CT APPLE VALLEY, MN 55124 0420142016 GARDENVIEW PLACE 2ND $207.72 01-28951-01-090 LUIGI GUY CASTIN 14216 HIBISCUS CT APPLE VALLEY, MN 55124 0420142164 GARDENVIEW PLACE 2ND $343.59 01-31000-05-110 DAVID J GARDNER 13596 FAIRLAWN AVE APPLE VALLEY, MN 55124 0685135968 GREENLEAF $286.18 01-31000-05-150 HEATHER KAUCHMAN 6945 137TH CT W APPLE VALLEY, MN 55124 0820069452 GREENLEAF $357.41 01-31000-05-310 BRYAN R SCHROEDER 13722 FAIRLAWN AVE APPLE VALLEY, MN 55124 0685137220 GREENLEAF $407.66 01-31000-07-230 ROBERT K HAGEN 13782 FRANCHISE AVE APPLE VALLEY, MN 55124 0730137829 GREENLEAF $920.98 01-31001-02-050 CHRIS AYMOND 13422 FLAGSTAFF AVE APPLE VALLEY, MN 55124 0715134221 GREENLEAF 2ND $277.14 01-31001-06-120 DAMIEN ROSSI 6925 133RD CT W APPLE VALLEY, MN 55124 0796069254 GREENLEAF 2ND $283.48 01-31001-10-130 STEVE ODEGARD 13325 FORDHAM AVE APPLE VALLEY, MN 55124 0724133255 GREENLEAF 2ND $359.72 01-31002-01-080 JOHN HANUMAN 13363 FINDLAY WAY APPLE VALLEY, MN 55124 0712133630 GREENLEAF 3RD $148.65 01-31002-01-110 DANIEL SEDERSTROM 13315 FINDLAY WAY APPLE VALLEY, MN 55124 0712133150 GREENLEAF 3RD $213.48 01-31002-02-140 BARBARA MOSS 13265 FINDLAY AVE APPLE VALLEY, MN 55124 0706132655 GREENLEAF 3RD $155.37 01-31003-11-140 PAMELA MONTEN 13553 FERNANDO AVE APPLE VALLEY, MN 55124 0691135531 GREENLEAF 4TH $141.93 01-31003-13-040 TYLER HALVORSON 13235 FERRIS AVE APPLE VALLEY, MN 55124 0697132359 GREENLEAF 4TH $152.68 01-31003-14-150 DALLAS ENGEL 13236 FERRIS AVE APPLE VALLEY, MN 55124 0697132367 GREENLEAF 4TH $155.37 01-31004-03-090 CARRIE KUNTZ 13053 FINDLAY AVE APPLE VALLEY, MN 55124 0706130535 GREENLEAF 5TH $214.75 01-31004-04-150 MELLICENT WARINGTON 6401 132ND ST W APPLE VALLEY, MN 55124 0790064012 GREENLEAF 5TH $141.39 01-31004-05-070 TERRY SEEHUSEN 13108 FINDLAY AVE APPLE VALLEY, MN 55124 0706131087 GREENLEAF 5TH $167.46 01-31004-05-080 FARBOD FARAHAN 13126 FINDLAY AVE APPLE VALLEY, MN 55124 0706131269 GREENLEAF 5TH $50.00 01-31004-05-340 RONALD E HART 13041 FINCH WAY APPLE VALLEY, MN 55124 0703130413 GREENLEAF 5TH $584.69 01-31004-05-370 RICHARD FRANSON 12981 FINCH WAY APPLE VALLEY, MN 55124 0703129811 GREENLEAF 5TH $298.33 01-31005-04-090 STEVEN SCHERBEL 5723 139TH ST W APPLE VALLEY, MN 55124 0835057237 GREENLEAF 6TH $353.22 01-31005-06-010 MILLICENT WARRINGTON 13550 EVEREST AVE APPLE VALLEY, MN 55124 0673135509 GREENLEAF 6TH $81.29 01-31005-06-020 DAWN DEGROTE 13560 EVEREST AVE APPLE VALLEY, MN 55124 0673135608 GREENLEAF 6TH $465.42 01-31005-08-140 LAURA SANDEN 13471 EVELETH WAY APPLE VALLEY, MN 55124 0672134719 GREENLEAF 6TH $352.21 01-31006-06-100 MICHAEL D KERN 5668 139TH STREET CT W APPLE VALLEY, MN 55124 0832056687 GREENLEAF 7TH $482.21 01-31006-06-120 JAMES A DILLY 5648 139TH STREET CT W APPLE VALLEY, MN 55124 0832056489 GREENLEAF 7TH $303.25 01-31006-06-170 RYAN J KOS 5671 139TH STREET CT W APPLE VALLEY, MN 55124 0832056711 GREENLEAF 7TH $406.83 01-31006-06-210 RENEE REIBEL 13846 EVELETH CT APPLE VALLEY, MN 55124 0670138464 GREENLEAF 7TH $320.88 01-31007-05-140 GARY L STECKMAN 5536 133RD STREET CT W APPLE VALLEY, MN 55124 0797055369 GREENLEAF 8TH $362.83 01-31008-08-050 RICHARD MCKEEVER 12883 EVEREST AVE APPLE VALLEY, MN 55124 0673128835 GREENLEAF 9TH $309.79 01-31008-08-130 ANTHONY BALDWIN 13043 EVEREST AVE APPLE VALLEY, MN 55124 0673130435 GREENLEAF 9TH $180.24 01-31008-10-060 KELLY ROOT 5810 130TH STREET CT W APPLE VALLEY, MN 55124 0780058107 GREENLEAF 9TH $378.46 01-31009-02-100 BRIAHNA MERRITT 13045 FERNANDO AVE APPLE VALLEY, MN 55124 0691130458 GREENLEAF 10TH $405.33 01-31010-01-100 STEVEN FRANKE 14100 ENSLEY CT APPLE VALLEY, MN 55124 0656141003 GREENLEAF 11TH $628.00 01-31010-01-700 CHRISTOPHER UNZEN 5001 142ND PATH W APPLE VALLEY, MN 55124 0840050011 GREENLEAF 11TH $26.91 01-31010-02-060 RICHARD C SMITH 5276 142ND PATH W APPLE VALLEY, MN 55124 0840052769 GREENLEAF 11TH $317.64 01-31011-03-050 DEKEK HOOKOM 4681 141ST ST W APPLE VALLEY, MN 55124 0842046819 GREENLEAF 12TH $310.56 01-31011-05-170 LUCAS THILL 14087 DOMINICA AVE APPLE VALLEY, MN 55124 0653140875 GREENLEAF 12TH $183.65 01-31100-01-010 DAVID SODERGREN 7093 146TH ST W APPLE VALLEY, MN 55124 0862070939 GREENLEAF TOWNHOUSES $60.00 01-31100-04-050 THOMAS BACKUS 7013 146TH STREET CT W APPLE VALLEY, MN 55124 0865070134 GREENLEAF TOWNHOUSES $232.51 01-31101-02-030 ALEXANDER VOYTIKHOV 7429 142ND STREET CT W APPLE VALLEY, MN 55124 0841074291 GREENLEAF TOWNHOUSES 2ND $141.91 01-31101-02-040 KENNETH ZAFFKE JR 7427 142ND STREET CT W APPLE VALLEY, MN 55124 0841074275 GREENLEAF TOWNHOUSES 2ND $287.00 01-31101-05-010 DOUGLAS MILLER 7481 142ND STREET CT W APPLE VALLEY, MN 55124 0841074812 GREENLEAF TOWNHOUSES 2ND $289.76 01-31102-02-010 KUMAR IMRIT 7429 143RD STREET CT W APPLE VALLEY, MN 55124 0853074296 GREENLEAF TOWNHOUSES 3RD $268.71 01-31102-09-020 MAN FUNG LAU 7368 143RD STREET CT W APPLE VALLEY, MN 55124 0853073686 GREENLEAF TOWNHOUSES 3RD $232.31 01-31102-09-040 LING ZHOU 7364 143RD STREET CT W APPLE VALLEY, MN 55124 0853073645 GREENLEAF TOWNHOUSES 3RD $296.13 01-31800-02-140 GAYLE JOHNSON 13453 GRANADA AVE APPLE VALLEY, MN 55124 0357134531 HALLWOOD HIGHLANDS $257.87 01-31901-02-030 LOGAN BURWELL 7591 142ND ST W APPLE VALLEY, MN 55124 0576075911 HAMLET 2ND $375.70 01-32150-01-012 JERRY H DAYE JR 15739 FOLIAGE AVE APPLE VALLEY, MN 55124 0143157392 HAWTHORNE $142.66 01-32150-01-017 HALIMA ABDULAHI 15746 FOX CIR APPLE VALLEY, MN 55124 0187157464 HAWTHORNE $291.19 01-32150-01-024 RANY DAJANI 15730 FOX CIR APPLE VALLEY, MN 55124 0187157308 HAWTHORNE $301.31 01-32150-01-045 SABINDRA SHRESTHA 15738 FRANCE WAY APPLE VALLEY, MN 55124 0212157380 HAWTHORNE $292.51 01-32150-01-051 KRYSTAL KARLS 15722 FRANCE WAY APPLE VALLEY, MN 55124 0212157224 HAWTHORNE $420.19 01-32150-01-072 DENNIS MONGOVEN 6717 158TH ST W APPLE VALLEY, MN 55124 0210067177 HAWTHORNE $314.47 01-32150-01-096 VANDY HARPER 6748 158TH ST W APPLE VALLEY, MN 55124 0210067482 HAWTHORNE $248.63 01-32150-01-145 TORONDA SWEENEY 6886 FOLKESTONE RD APPLE VALLEY, MN 55124 0180068866 HAWTHORNE $49.69 01-32150-01-171 MICHELLE KELVIE 15743 FREMONT WAY APPLE VALLEY, MN 55124 0158157436 HAWTHORNE $178.41 01-32151-01-062 MARTIN MULLER 6856 158TH ST W APPLE VALLEY, MN 55124 0210068563 HAWTHORNE 2ND $306.53 01-32151-01-076 YOLANDA DOSS 15823 FREEDOM LN APPLE VALLEY, MN 55124 0157158237 HAWTHORNE 2ND $320.14 01-32151-01-101 HIBAT SHARIF 15822 FRISIAN LN APPLE VALLEY, MN 55124 0159158227 HAWTHORNE 2ND $175.77 01-32151-01-102 IDMAN OMAR 15818 FRISIAN LN APPLE VALLEY, MN 55124 0159158185 HAWTHORNE 2ND $416.87 01-32152-02-020 ASHLEY A NANDLALL 15720 FRISIAN LN APPLE VALLEY, MN 55124 0159157203 HAWTHORNE 3RD $368.88 01-32200-01-060 DAVID SCHWARZ 13961 DULUTH CT APPLE VALLEY, MN 55124 0639139611 HAZELWOOD ESTATES $404.64 01-32250-01-030 JOSEPH KAMARA 12817 DOVER DR APPLE VALLEY, MN 55124 0640128173 HEARTSTONE $537.65 01-32250-03-030 RAMSEY ANSARI 12735 DOVER DR APPLE VALLEY, MN 55124 0640127357 HEARTSTONE $224.94 01-32401-03-110 ROSARIO MOLINA 7949 LOWER HAMLET CT APPLE VALLEY, MN 55124 0530079496 HERITAGE HILLS 3RD $306.61 01-32403-01-070 LAWRENCE ANDERSON 13140 HALLMARK CT APPLE VALLEY, MN 55124 0527131409 HERITAGE HILLS 4TH $281.96 01-32405-01-030 RANDY LOEBRICK 13220 HANNOVER AVE APPLE VALLEY, MN 55124 0523132203 HERITAGE HILLS 6TH $358.18 01-32801-01-070 FELONISE PITCHFORD 12815 GERMANE AVE APPLE VALLEY, MN 55124 0757128156 HIDDEN PONDS 2ND $222.73 01-32801-01-080 FELONISE PITCHFORD 12817 GERMANE AVE APPLE VALLEY, MN 55124 0757128172 HIDDEN PONDS 2ND $208.06 01-32801-02-030 JENNIFER FELT 12905 GERMANE AVE APPLE VALLEY, MN 55124 0757129055 HIDDEN PONDS 2ND $300.83 01-33030-01-120 LOUIS DURENBURGER 13226 GLENHAVEN AVE APPLE VALLEY, MN 55124 0448132262 HIGHPOINT $50.00 01-33030-02-010 ELIZABETH WILLIAMS 7730 GIBRALTAR TERR APPLE VALLEY, MN 55124 0416077309 HIGHPOINT $183.36 01-33902-01-020 JAMES FRANKS 8767 HIGHWOOD WAY APPLE VALLEY, MN 55124 0542087677 HIDDEN PONDS 3RD $435.70 01-33903-01-030 JAMES REX 8521 PALOMINO DR APPLE VALLEY, MN 55124 0537085215 HUNTERS WOOD 4TH $207.96 01-34150-01-100 DAVID REVERING 12595 DRIFTWOOD CT APPLE VALLEY, MN 55124 0642125953 HUNTINGTON $315.99 01-34152-02-110 VICTOR JORDAN 12780 EDINBROOK PATH APPLE VALLEY, MN 55124 0620127807 HUNTINGTON 3RD $365.14 01-34153-01-080 DOUGLAS MICKELSON 12640 EDINBOROUGH CIR APPLE VALLEY, MN 55124 0619126406 HUNTINGTON 4TH $257.04 01-34154-01-130 JEREMY WEESTRAND 12779 EMMER PL APPLE VALLEY, MN 55124 0623127796 HUNTINGTON 5TH $390.51 01-34154-05-070 ELIAS DOMINGUEZ 12915 EMMER PL APPLE VALLEY, MN 55124 0623129156 HUNTINGTON 5TH $245.53 01-34500-01-260 MARFAM PROPERTIES 15859 HYLAND POINTE CT APPLE VALLEY, MN 55124 0059158590 HYLAND POINTE SHORES $350.00 01-34500-01-350 EUNICE TORRES 15931 HYLAND POINTE CT APPLE VALLEY, MN 55124 0059159317 HYLAND POINTE SHORES $765.83 01-40950-01-040 ATSEDE GEBREMEDHIN GUANJE 14240 GARDEN VIEW DR APPLE VALLEY, MN 55124 0354142404 K & G 1ST ADDN $161.50 Page 3 of 6 PID Name Address CityStateZip Account #Plat_Name Amount Exhibit B Resolution Number 2019-58 Delinquent Utility Accounts Assessment #660 01-40950-01-090 RESIDENT 14250 GARDEN VIEW DR APPLE VALLEY, MN 55124 0354142503 K & G 1ST ADDN $396.83 01-40950-01-100 DAVID DODD 8497 142ND ST W APPLE VALLEY, MN 55124 0576084970 K & G 1ST ADDN $361.73 01-44201-01-020 KEN CARLSON 15813 GARDEN VIEW DR APPLE VALLEY, MN 55124 0034158137 LAC LAVON SHORES 2ND $370.98 01-45800-03-180 MOHAMED FALAG 15626 HEYWOOD WAY APPLE VALLEY, MN 55124 0045156260 LONGRIDGE $221.38 01-45800-03-270 KIM K ANDERSON 15697 HAYES TRL APPLE VALLEY, MN 55124 0042156974 LONGRIDGE $169.93 01-45800-03-370 DANIEL JAY BROMENSCHENKEL 8353 157TH ST W APPLE VALLEY, MN 55124 0208083533 LONGRIDGE $257.87 01-45800-05-020 DIRK WALTON 8461 156TH STREET CT W APPLE VALLEY, MN 55124 0205084617 LONGRIDGE $365.70 01-45800-05-190 TIMOTHY HAUSER 15669 HEYWOOD CT APPLE VALLEY, MN 55124 0044156691 LONGRIDGE $449.52 01-45800-05-250 MARK NELSON 15645 HEYWOOD WAY APPLE VALLEY, MN 55124 0045156450 LONGRIDGE $339.36 01-45801-01-070 CLAYTON BAER 15721 HEYWOOD CT APPLE VALLEY, MN 55124 0044157210 LONGRIDGE 2ND $317.24 01-45801-01-130 CHARLES YOUNG 15757 HEYWOOD CT APPLE VALLEY, MN 55124 0044157574 LONGRIDGE 2ND $159.46 01-45801-01-160 YVONNE ZAHN 15775 HEYWOOD CT APPLE VALLEY, MN 55124 0044157756 LONGRIDGE 2ND $227.43 01-45801-02-070 ERIC C ROE 15872 HAYES TR CT APPLE VALLEY, MN 55124 0042158723 LONGRIDGE 2ND $477.74 01-45801-03-140 GLENN SPRINGER 15757 HAYES TRL APPLE VALLEY, MN 55124 0042157576 LONGRIDGE 2ND $307.06 01-45801-03-270 KRISTIN GARDNER 15705 HAYES TRL APPLE VALLEY, MN 55124 0042157055 LONGRIDGE 2ND $128.31 01-45801-06-200 DANA OLSON 15839 HARMONY WAY CT APPLE VALLEY, MN 55124 0039158397 LONGRIDGE 2ND $302.57 01-45801-07-020 JEANINE JOHNSON 15890 HARMONY WAY APPLE VALLEY, MN 55124 0039158900 LONGRIDGE 2ND $303.50 01-47175-01-020 ROBERT TYLER 13872 GLENDALE CT APPLE VALLEY, MN 55124 0630138729 MAJESTIC RIDGE $384.02 01-48201-01-010 AMBER LACAYO 12761 ETHELTON WAY APPLE VALLEY, MN 55124 0678127618 MEADOWLARK GLEN 2ND $103.25 01-48845-07-020 MICHAEL JESME 14513 EUREKA CT APPLE VALLEY, MN 55124 0692145133 MISTWOOD $229.58 01-49100-02-220 PHILLIP RENGEL 15615 HALLMARK PATH APPLE VALLEY, MN 55124 0015156159 MORNINGVIEW $347.12 01-49100-03-080 JENNIFER SWEENY 7875 157TH ST W APPLE VALLEY, MN 55124 0208078756 MORNINGVIEW $240.73 01-49101-05-040 WATER OFF RESIDENT 7761 157TH ST W APPLE VALLEY, MN 55124 0208077618 MORNINGVIEW 2ND $128.10 01-49101-11-020 ALLAN RAMIREZ 7719 157TH ST W APPLE VALLEY, MN 55124 0208077196 MORNINGVIEW 2ND $237.96 01-49102-05-030 ANDREW SCHANEN 15704 GRIFFON CT APPLE VALLEY, MN 55124 0053157044 MORNINGVIEW 3RD $281.50 01-49102-16-040 JONATHAN BLOCKER 15839 GRIFFON PATH APPLE VALLEY, MN 55124 0054158397 MORNINGVIEW 3RD $22.83 01-49102-17-030 ANNE M KNOWLES 15861 GRIFFON PATH APPLE VALLEY, MN 55124 0054158611 MORNINGVIEW 3RD $397.26 01-49103-08-020 FADI BCHARA 15848 GRIFFON PATH APPLE VALLEY, MN 55124 0054158488 MORNINGVIEW 4TH $38.82 01-49103-09-010 BILL SZABO 15872 GRIFFON PATH APPLE VALLEY, MN 55124 0054158728 MORNINGVIEW 4TH $50.00 01-49105-01-150 MICHAEL WALTERS 15775 HANNOVER PATH APPLE VALLEY, MN 55124 0012157754 MORNINGVIEW 6TH $348.48 01-49105-03-090 DENNIS CORDLE 15790 HALLMARK PATH APPLE VALLEY, MN 55124 0015157900 MORNINGVIEW 6TH $48.34 01-49106-01-510 ANTHONY WELIN 15899 GOOSEBERRY WAY APPLE VALLEY, MN 55124 0111158992 MORNINGVIEW 7TH $424.13 01-49106-02-050 SHAWN WOLTER 15812 GOOSEBERRY WAY APPLE VALLEY, MN 55124 0111158125 MORNINGVIEW 7TH $289.51 01-49106-02-080 DION P WIGGINS 15824 GOOSEBERRY WAY APPLE VALLEY, MN 55124 0111158240 MORNINGVIEW 7TH $283.06 01-49108-01-030 VINCENT AGUIRRE 7618 157TH ST W APT C APPLE VALLEY, MN 55124 0208076198 MORNINGVIEW 9TH $268.89 01-52000-02-060 MIKE PRESLEY 6580 132ND ST W APPLE VALLEY, MN 55124 0790065803 NORDIC WOODS $253.09 01-52001-01-160 DONALD J WEEK 13150 FLAMINGO CT APPLE VALLEY, MN 55124 0717131506 NORDIC WOODS 2ND $421.98 01-52001-01-300 DIANE G WEBER 6620 131ST ST W APPLE VALLEY, MN 55124 0784066205 NORDIC WOODS 2ND $210.76 01-53500-01-030 DWAYNE K SMITH 7406 GERMANE TRL APPLE VALLEY, MN 55124 0760074066 OAK RIDGE PARK $39.34 01-53500-02-010 SAM MATASI 7426 GERMANE TRL APPLE VALLEY, MN 55124 0760074264 OAK RIDGE PARK $285.62 01-53500-02-080 TRISHA GREENE 7440 GERMANE TRL APPLE VALLEY, MN 55124 0760074405 OAK RIDGE PARK $199.86 01-53500-03-010 JOSEPH CONELY 7448 GERMANE TRL APPLE VALLEY, MN 55124 0760074488 OAK RIDGE PARK $193.28 01-53500-04-010 GEORGE MOMANI 7472 GERMANE TRL APPLE VALLEY, MN 55124 0760074728 OAK RIDGE PARK $269.19 01-53500-05-010 LEE LYN BLAKE 7492 GERMANE TRL APPLE VALLEY, MN 55124 0760074926 OAK RIDGE PARK $333.89 01-53500-05-040 GLADYS MANICK 7498 GERMANE TRL APPLE VALLEY, MN 55124 0760074983 OAK RIDGE PARK $150.68 01-56501-02-010 COLEEN E CARLSON 13372 HUMMINGBIRD DR APPLE VALLEY, MN 55124 0440133722 PALOMINO CLIFFS 2ND $183.55 01-56600-01-030 SEAN WALKER 366 CIMARRON RD APPLE VALLEY, MN 55124 0528003664 PALOMINO HILLS $344.26 01-56600-02-020 PAUL ANOZIE 403 CIMARRON RD APPLE VALLEY, MN 55124 0528004035 PALOMINO HILLS $407.20 01-56601-01-300 MARY VANNELLI 143 SHASTA CT APPLE VALLEY, MN 55124 0549001432 PALOMINO HILLS 2ND $372.40 01-56602-02-140 MARY JANE RODRIGUEZ 110 PONY LN E APPLE VALLEY, MN 55124 0540001100 PALOMINO HILLS 3RD $538.24 01-56602-03-120 ED ALMOUWALLAD 108 SHOSHONI TR APPLE VALLEY, MN 55124 0552001089 PALOMINO HILLS 3RD $514.25 01-56602-05-060 MOSES NGILLA 113 SHOSHONI TR APPLE VALLEY, MN 55124 0552001139 PALOMINO HILLS 3RD $167.84 01-56603-01-170 AIDA RABELO 121 CHAPARRAL DR APPLE VALLEY, MN 55124 0519001214 PALOMINO HILLS 4TH $343.25 01-56603-01-200 ROGER KINGSLEY 127 CHAPARRAL DR APPLE VALLEY, MN 55124 0519001271 PALOMINO HILLS 4TH $282.19 01-56603-03-190 NATHAN KACHELMYER 102 CHAPARRAL CT APPLE VALLEY, MN 55124 0516001027 PALOMINO HILLS 4TH $172.75 01-56603-03-240 BISHOP WILLY 101 HIDDEN MEADOW CT APPLE VALLEY, MN 55124 0531001010 PALOMINO HILLS 4TH $268.50 01-56603-03-280 KALI KUHLMANN 100 HIDDEN MEADOW CT APPLE VALLEY, MN 55124 0531001002 PALOMINO HILLS 4TH $151.69 01-56603-06-160 NATHAN MACHO 106 CIMARRON CIR APPLE VALLEY, MN 55124 0522001060 PALOMINO HILLS 4TH $375.45 01-56650-05-080 JAY HANSEN 413 REFLECTION RD APPLE VALLEY, MN 55124 0567004136 PALOMINO HILLS LAKESHORE $302.91 01-56700-01-070 KEVIN DEE 109 CIMARRON CT APPLE VALLEY, MN 55124 0525001091 PALOMINO HILLS REPLAT $330.32 01-56722-02-020 ANTONIO TAYLOR 13943 HOLYOKE CT APPLE VALLEY, MN 55124 0370139434 PALOMINO LAKESIDE MEADOWS 3RD $452.17 01-56723-01-140 RESIDENT 13820 HOLYOKE LN APPLE VALLEY, MN 55124 0365138201 PALOMINO LAKESIDE MEADOWS 4TH $472.00 01-56775-02-220 MEGAN HENDERSON 13585 HENNA AVE APPLE VALLEY, MN 55124 0547135851 PALOMINO WOODS $357.33 01-56775-04-100 ALFRED SESAY 13620 HAVELOCK TRL APPLE VALLEY, MN 55124 0533136202 PALOMINO WOODS $396.18 01-56775-05-070 SCOTT CAMPBELL 13669 HARMONY WAY APPLE VALLEY, MN 55124 0361136696 PALOMINO WOODS $424.67 01-56775-05-140 MICHAEL FLOYD 13670 HARWELL PATH APPLE VALLEY, MN 55124 0520136702 PALOMINO WOODS $277.37 01-56775-09-050 JULIE A KRANIG 13922 HERALD WAY APPLE VALLEY, MN 55124 0362139228 PALOMINO WOODS $239.45 01-56775-09-120 PATRICIA J RIEDELL 13946 HERALD WAY APPLE VALLEY, MN 55124 0362139467 PALOMINO WOODS $249.14 01-56775-10-110 KATHERINE HEALD 8354 140TH ST W APPLE VALLEY, MN 55124 0570083549 PALOMINO WOODS $253.89 01-56775-10-120 WILLIAM GRANGER 8356 140TH ST W APPLE VALLEY, MN 55124 0570083564 PALOMINO WOODS $440.56 01-56775-11-090 TOLLIE V THOMAS JR 14070 HEYWOOD PATH APPLE VALLEY, MN 55124 0366140701 PALOMINO WOODS $287.13 01-56775-11-150 DARREN J LIETZAU 14096 HEYWOOD PATH APPLE VALLEY, MN 55124 0366140966 PALOMINO WOODS $312.93 01-57500-01-050 AHMED SOHIL 14323 EMBRY PATH APPLE VALLEY, MN 55124 0032143230 PILOT KNOB ESTATES 1ST $347.65 01-57500-01-070 YED NEKA CHEW TEGEGN 14331 EMBRY PATH APPLE VALLEY, MN 55124 0032143313 PILOT KNOB ESTATES 1ST $487.38 01-57500-01-100 RICK FOLGER 14343 EMBRY PATH APPLE VALLEY, MN 55124 0032143438 PILOT KNOB ESTATES 1ST $418.64 01-57503-02-050 TIM ABBOTT 14342 EBONY LN APPLE VALLEY, MN 55124 0625143429 PILOT KNOB ESTATES 4TH $458.60 01-57506-01-220 JAMES HOLMES 14334 EMPIRE AVE APPLE VALLEY, MN 55124 0104143340 PILOT KNOB ESTATES 7TH $510.24 01-57506-02-040 TRAVIS HAVERLAND 14314 EMPIRE AVE APPLE VALLEY, MN 55124 0104143142 PILOT KNOB ESTATES 7TH $291.96 01-57506-02-170 PAULA WILLIAMS 14272 EMPIRE AVE APPLE VALLEY, MN 55124 0104142722 PILOT KNOB ESTATES 7TH $200.00 01-57507-01-130 RESIDENT 14286 ESTATES AVE APPLE VALLEY, MN 55124 0112142862 PILOT KNOB ESTATES 8TH $122.29 01-57507-01-460 TRACY MATTHEWS 14298 ESTATES AVE APPLE VALLEY, MN 55124 0112142987 PILOT KNOB ESTATES 8TH $22.05 01-57651-01-110 LAMPHONE SAENGSOURIYA 12713 EVELETH PATH APPLE VALLEY, MN 55124 0671127136 PINECREST 2ND $427.66 01-57675-01-170 KARINA ACOSTA 5557 126TH ST W APPLE VALLEY, MN 55124 0777055579 PINECREST TOWNHOMES $369.34 01-57675-01-200 JONATHAN GUTIERREZ 5569 126TH ST W APPLE VALLEY, MN 55124 0777055694 PINECREST TOWNHOMES $349.75 01-57675-01-310 MICHELE WIND 5661 126TH ST W APPLE VALLEY, MN 55124 0777056619 PINECREST TOWNHOMES $151.68 Page 4 of 6 PID Name Address CityStateZip Account #Plat_Name Amount Exhibit B Resolution Number 2019-58 Delinquent Utility Accounts Assessment #660 01-61603-01-010 BRIAN LE LOUP 15651 FAIRFIELD DR APPLE VALLEY, MN 55124 0877265778 QUARRY PONDS 4TH $485.45 01-61603-02-020 RESLEY OKIOMA 15660 FAIRCHILD WAY APPLE VALLEY, MN 55124 0877266298 QUARRY PONDS 4TH $50.00 01-63300-02-020 ANDREA BUCKNER 13098 HERALD CIR APPLE VALLEY, MN 55124 0364130985 PALOMINO HILLS 6TH ADDN REPLAT $22.50 01-63400-03-360 BRADLEY SOLEM 15694 FINEWOOD CT APPLE VALLEY, MN 55124 0132156942 REGATTA $336.96 01-63400-11-040 LYNNE BECK 6263 158TH ST W APPLE VALLEY, MN 55124 0210062632 REGATTA $310.91 01-63400-20-120 REGATTA COURTHOME RENTALS 15899 FJORD AVE APPLE VALLEY, MN 55124 0138158991 REGATTA $1,750.02 01-63401-01-010 REGATTA COURTHOME RENTALS 6374 158TH ST W APPLE VALLEY, MN 55124 0210063747 REGATTA 2ND $2,887.10 01-63401-01-030 REGATTA COURTHOME RENTALS 6390 158TH ST W APPLE VALLEY, MN 55124 0210063903 REGATTA 2ND $3,052.94 01-63401-29-160 COREY G THOMPSON 15570 FINCH AVE APPLE VALLEY, MN 55124 0127155701 REGATTA 2ND $122.21 01-63401-29-200 CHERYL COOPER 15578 FINCH AVE APPLE VALLEY, MN 55124 0127155784 REGATTA 2ND $661.45 01-63402-09-040 HANH NGUYEN 15795 FLAN CT APPLE VALLEY, MN 55124 0163157959 REGATTA 3RD $168.53 01-63402-16-030 JOHN BORDONE-WATER OFF 6407 157TH ST W APPLE VALLEY, MN 55124 0208064079 REGATTA 3RD $217.61 01-63440-03-010 ABDIFATAH MOHAMED 15730 EVERGREEN AVE APPLE VALLEY, MN 55124 0877264278 REGENTS POINT $661.29 01-63441-01-010 FARAH ISSE 15723 FAIR HILL WAY APPLE VALLEY, MN 55124 0877265953 REGENTS POINT 2ND $85.37 01-63441-01-040 NDRI DIBY 15711 FAIR HILL WAY APPLE VALLEY, MN 55124 0877265473 REGENTS POINT 2ND $611.64 01-64600-01-020 RONALD VOSS 14259 DRAKE PATH APPLE VALLEY, MN 55124 0610142592 ROLLING RIDGE $428.75 01-64600-02-060 KENNETH BOEHM 14295 DRAKE PATH APPLE VALLEY, MN 55124 0610142956 ROLLING RIDGE $371.41 01-64600-04-070 ERIC W ANDERSON 14405 DRUMLIN CT APPLE VALLEY, MN 55124 0611144050 ROLLING RIDGE $312.63 01-64600-05-040 HASSAN SAMANTAR 14296 DRAKE PATH APPLE VALLEY, MN 55124 0610142964 ROLLING RIDGE $452.86 01-64600-07-130 DANIEL W THATCHER 4865 143RD ST W APPLE VALLEY, MN 55124 0850048657 ROLLING RIDGE $171.49 01-64700-01-070 DAVID HANSON 13116 GALLERIA PL APPLE VALLEY, MN 55124 0732131168 ROYAL OAKS ESTATES $61.77 01-66500-03-070 RICHARD TENGWALL 13826 GLADIOLA WAY APPLE VALLEY, MN 55124 0766138261 SCOTT HIGHLANDS $357.08 01-66500-04-090 ANDREW EVERT 7220 UPPER 139TH ST W APPLE VALLEY, MN 55124 0838072209 SCOTT HIGHLANDS $262.42 01-66500-04-230 STEWART GOODMAN 13968 GLAZIER CT APPLE VALLEY, MN 55124 0772139683 SCOTT HIGHLANDS $429.10 01-66501-02-310 CHRISTOPHER MCCARGAR 14113 GLAZIER AVE APPLE VALLEY, MN 55124 0769141130 SCOTT HIGHLANDS 2ND $344.08 01-66501-03-070 CHAD ZAUN 14184 GLAZIER AVE APPLE VALLEY, MN 55124 0769141841 SCOTT HIGHLANDS 2ND $35.27 01-66501-05-020 JEFFREY C SCHNEIDER 7220 142ND ST W APPLE VALLEY, MN 55124 0844072201 SCOTT HIGHLANDS 2ND $802.05 01-66502-06-070 DANNIA EDWARDS 7040 UPPER 143RD CT W APPLE VALLEY, MN 55124 0847070400 SCOTT HIGHLANDS 3RD $435.55 01-66502-06-080 GEORGE BAKALOV 7036 UPPER 143RD CT W APPLE VALLEY, MN 55124 0847070368 SCOTT HIGHLANDS 3RD $327.73 01-66502-07-020 RESIDENT 7039 142ND ST W APPLE VALLEY, MN 55124 0844070395 SCOTT HIGHLANDS 3RD $244.84 01-66503-03-010 CHAD ZUELOW 14347 GARLAND AVE APPLE VALLEY, MN 55124 0745143473 SCOTT HIGHLANDS 4TH $325.93 01-66503-03-180 TODD LANGLAND 14426 GARRETT AVE APPLE VALLEY, MN 55124 0748144262 SCOTT HIGHLANDS 4TH $287.85 01-66503-03-230 SCOTT WEBSTER 14348 GARRETT AVE APPLE VALLEY, MN 55124 0748143488 SCOTT HIGHLANDS 4TH $168.21 01-66503-06-060 ZOE VEDETTE GARRISON 7118 145TH ST W APPLE VALLEY, MN 55124 0859071189 SCOTT HIGHLANDS 4TH $277.43 01-66700-02-040 SCOTT A FRIEDLAND 5900 142ND ST W APPLE VALLEY, MN 55124 0844059000 SCOTTSBRIAR $501.46 01-66700-04-030 AMY TUCKER 5732 143RD ST W APPLE VALLEY, MN 55124 0850057328 SCOTTSBRIAR $113.73 01-66700-04-140 EDWIN SANCHEZ CAASTILLO 14393 EUROPA AVE APPLE VALLEY, MN 55124 0634143931 SCOTTSBRIAR $875.64 01-66700-06-020 JASON CRESS 14314 EUCLID AVE APPLE VALLEY, MN 55124 0665143149 SCOTTSBRIAR $246.35 01-66700-06-070 AMANDA MOBERG 14356 EUCLID AVE APPLE VALLEY, MN 55124 0665143560 SCOTTSBRIAR $194.65 01-66700-07-150 PATRICK SAMUELSON 5647 144TH ST W APPLE VALLEY, MN 55124 0857056471 SCOTTSBRIAR $299.35 01-66700-08-030 RESIDENT 5718 144TH ST W APPLE VALLEY, MN 55124 0857057180 SCOTTSBRIAR $290.12 01-66701-01-090 WILLIE LUMSON 14431 EXLEY LN APPLE VALLEY, MN 55124 0626144319 SCOTTSBRIAR 2ND $429.49 01-66701-03-140 ROSIE MUNZ 14449 EVEREST AVE APPLE VALLEY, MN 55124 0673144493 SCOTTSBRIAR 2ND $292.45 01-66701-05-030 ANN M SEGUIN 14350 EVELETH AVE APPLE VALLEY, MN 55124 0671143505 SCOTTSBRIAR 2ND $211.05 01-66900-01-100 THOMAS SMITH 12504 EMPRESS CT APPLE VALLEY, MN 55124 0819125042 SEASONS ON THE PARK $322.99 01-72500-02-040 SOREN NORRGARD 13898 DUBLIN RD APPLE VALLEY, MN 55124 0641138981 STONEWOOD 1ST $208.70 01-75850-03-070 ROBERT RUSH 12925 HIALEAH CT APPLE VALLEY, MN 55124 0524129257 THE HIGHLANDS $363.53 01-75950-01-070 JEANIE LOMBARDI 7880 133RD ST W APPLE VALLEY, MN 55124 0580078802 THE OAKS OF APPLE VALLEY $420.45 01-75951-04-040 DAVID STISH 13695 GUILD AVE APPLE VALLEY, MN 55124 0509136954 THE OAKS OF APPLE VALLEY II $419.39 01-75956-01-070 CHRISTINE KUZNAR 13503 GOSSAMER CT APPLE VALLEY, MN 55124 0550135038 THE OAKS OF APPLE VALLEY IV $288.86 01-76204-01-030 NANCY TSCHIDA 13986 EMBER WAY APPLE VALLEY, MN 55124 0699139865 THE WOODWINDS 5TH $668.83 01-76503-01-110 PATRICK MCKENZIE 8410 141ST CT W APPLE VALLEY, MN 55124 0574084105 TIMBERWICK 4TH $276.58 01-76504-01-060 DOROTHY PHILLIPS 7935 UPPER 139TH CT W APPLE VALLEY, MN 55124 0369079351 TIMBERWICK 5TH $620.71 01-76504-02-180 DAVID A JOHNSON 7755 139TH CT W APPLE VALLEY, MN 55124 0369077553 TIMBERWICK 5TH $402.55 01-76506-01-070 JOHN GRANLUND 13795 GUILD AVE APPLE VALLEY, MN 55124 0509137952 TIMBERWICK 7TH $162.96 01-76900-01-130 DAVE BELL 15263 DUNDEE AVE APPLE VALLEY, MN 55124 0029152632 TOUSIGNANTS PRAIRIE CROSSING $345.76 01-76900-01-160 DIANE DUBEJ 15237 DUNDEE AVE APPLE VALLEY, MN 55124 0029152376 TOUSIGNANTS PRAIRIE CROSSING $71.69 01-76900-01-160 WATER OFF RESIDENT 15237 DUNDEE AVE APPLE VALLEY, MN 55124 0029152376 TOUSIGNANTS PRAIRIE CROSSING $233.56 01-76900-05-280 MILLICENT WARRINGTON 15278 DUPONT PATH APPLE VALLEY, MN 55124 0120152788 TOUSIGNANTS PRAIRIE CROSSING $99.55 01-76900-05-400 BUNGKYU JUNG 15182 DUPONT PATH APPLE VALLEY, MN 55124 0120151822 TOUSIGNANTS PRAIRIE CROSSING $431.41 01-77000-04-060 DAVID HERNANDEZ 7585 WHITNEY DR APPLE VALLEY, MN 55124 0100075850 TOWNHOUSE 4TH ADDN $180.98 01-77000-07-030 JESSICA CROWLEY 7691 WHITNEY DR APPLE VALLEY, MN 55124 0100076916 TOWNHOUSE 4TH ADDN $243.56 01-77000-08-060 ANTHONY BAHNER 7685 WHITNEY DR APPLE VALLEY, MN 55124 0100076858 TOWNHOUSE 4TH ADDN $213.38 01-77000-11-050 NANCY J CALHOON 7795 WHITNEY DR APPLE VALLEY, MN 55124 0100077955 TOWNHOUSE 4TH ADDN $243.03 01-81301-02-080 SUSAN KNUTSON 14128 HEYWOOD PATH APPLE VALLEY, MN 55124 0366141287 VALLEY MEADOWS 2ND $2,641.76 01-81301-02-090 JOHN ZENDER 14132 HEYWOOD PATH APPLE VALLEY, MN 55124 0366141329 VALLEY MEADOWS 2ND $381.76 01-81320-02-100 JOSHUA THORSTAD 12853 PENNOCK AVE APPLE VALLEY, MN 55124 0386128538 VALLEY OAKS TOWNHOMES $272.26 01-81325-01-050 SHANNON JOHNSON 14973 EMBER CT APPLE VALLEY, MN 55124 0122149733 VALLEY PINES $300.99 01-81400-01-030 DELMOND HUCK 7381 146TH WAY W APPLE VALLEY, MN 55124 0867073813 VALLEY SOUTH $364.23 01-81400-01-050 WALLY EBERT 7351 146TH WAY W APPLE VALLEY, MN 55124 0867073516 VALLEY SOUTH $222.51 01-81400-02-120 ZELALEM KINDE 7335 UPPER 146TH ST W APPLE VALLEY, MN 55124 0864073352 VALLEY SOUTH $392.76 01-81400-02-160 CLARIE GRANT 14650 GLAZIER AVE APPLE VALLEY, MN 55124 0769146501 VALLEY SOUTH $620.18 01-81456-01-300 CLAUDELL MADKINS 14737 ENDICOTT WAY APPLE VALLEY, MN 55124 0194147375 VALLEY WAY VILLAGE 7TH $295.20 01-81457-01-090 SCOTT LARSON 14809 ENDICOTT WAY APPLE VALLEY, MN 55124 0194148092 VALLEY WAY VILLAGE 8TH $371.36 01-83276-01-210 IRENE EIDE 13943 FARMINGTON WAY APPLE VALLEY, MN 55124 0831139435 WATERFORD VILLAGE TWNHM 2ND $281.29 01-84190-02-010 MICHAEL P LARKIN 13745 HEYWOOD CT APPLE VALLEY, MN 55124 0366137459 WILDWOOD $245.70 01-84190-05-010 BARBARA GEORGE 13806 HEYWOOD CT APPLE VALLEY, MN 55124 0366138069 WILDWOOD $245.47 01-84193-03-020 LEE SACHS 8368 LOWER 138TH CT W APPLE VALLEY, MN 55124 0371083680 WILDWOOD 4TH $271.23 01-84195-02-010 TIBABU TENNA 13720 HEMLOCK CT APPLE VALLEY, MN 55124 0363137205 WILDWOOD 6TH $390.16 01-84351-01-110 HUBERT BORRMANN 13017 GARRETT LN APPLE VALLEY, MN 55124 0752130173 WILLIAMSBURG 2ND $217.94 01-84351-02-030 SETH SCHUSTER 13008 GARRETT LN APPLE VALLEY, MN 55124 0752130082 WILLIAMSBURG 2ND $277.80 01-84725-01-010 DUSTIN YEAGER 12994 GARNER LN APPLE VALLEY, MN 55124 0746129943 WOODSIDE ESTATES $458.21 01-84725-01-090 ROBERT DOANE 12882 GARRETT AVE APPLE VALLEY, MN 55124 0748128828 WOODSIDE ESTATES $174.09 01-85280-01-020 TARA NELSON 13935 FLEETWOOD AVE APPLE VALLEY, MN 55124 0719139358 WYNDEMERE ADDITION $365.58 01-85281-02-030 SADIQ FEDAR 13779 FLEETWOOD AVE APPLE VALLEY, MN 55124 0719137790 WYNDEMERE ADDITION 2ND $186.49 Page 5 of 6 PID Name Address CityStateZip Account #Plat_Name Amount Exhibit B Resolution Number 2019-58 Delinquent Utility Accounts Assessment #660 01-85282-01-040 JESSICA PETERSON 13974 FINDLAY CT APPLE VALLEY, MN 55124 0709139749 WYNDEMERE ADDITION 3RD $156.31 TOTAL $139,489.41 Page 6 of 6 I T E M: 7. C O UNC I L ME E T I NG D AT E:May 9, 2019 S E C T I O N:Calendar of Upcoming E vents Description: A pprove Calendar of Upcoming Events S taff Contact: S tephanie Marschall, Deputy City Clerk D epartment / D ivision: C ity C lerk’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 L ocation E v ent Tues./May 7 7:30-9:00 a.m.9 Round Kickboxing C hamber C offee C onnection Wed./May 8 7:00 p.m.Municipal C enter Traffic Safety Advisory C ommittee Meeting T hur./May 9 4:30-6:30 p.m.Apple Valley Medical C enter C hamber Business After Hours T hur./May 9 5:30 p.m.Belmont Park A rbor Day Tree Planting C eremony T hur./May 9 6:00 p.m.Municipal C enter Informal C ity C ouncil Meeting T hur./May 9 7:00 p.m.Municipal C enter Regular C ity Council Meeting T hur./May 9 7:30 p.m.Municipal C enter Special ED A Meeting Wed./May 15 7:00 p.m.Municipal C enter Planning C ommission Meeting Fri./May 17 6:00 p.m.C rystal Lake Golf C lub, Lakeville C hamber Gala Wed./May 22 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting Wed./May 22 11:30 a.m.-1:30 p.m. Bogart’s Entertainment C enter C hamber Monthly Luncheon - State of the C ity Address T hur./May 23 6:00 p.m.Municipal C enter ED A Meeting T hur./May 23 7:00 p.m.Municipal C enter Regular C ity Council Meeting Mon./May 27 C ity Offices Closed Memorial Day Tue./May 28 6:00 p.m.Municipal C enter Urban Affairs Advisory C ommittee Meeting B AC K G RO UND : Each event is hereby deemed a Special Meeting of the C ity C ouncil, 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