HomeMy WebLinkAbout05/11/2017 Meeting
M eeting L ocation: M unicipal C enter
7100 147th S treet West
Apple Valley, M innesota 55124
May 11, 2017
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
5:30 P M
1.C ouncil Discussion Items (10 min.)
2.Personnel Policies Review Project Update (25 min.)
3.Discuss Short-Term Rental Housing (25 min.)
4.Review Building Plan Options for C obblestone Lake Park Northwest (15
min.)
5.Adjourn
C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A
7:00 P M
1.C all to Order and Pledge
2.Approve Agenda
3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda
4.Approve C onsent Agenda Items
C onsent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a councilmember or citizen
requests to have any item separately considered. It will then be moved to the
regular agenda f or consideration.
A.A pprove Minutes of A pril 27, 2017, Regular Meeting
B.A dopt Resolution Accepting Donation from J udy Dickerson for Use by
Parks and Recreation Department
C .Receive Parks and Recreation Department 2016 A nnual Report
D.A dopt Resolution Approving Revisions to C emetery Regulations
E.A dopt Resolution Approving Participation in Minnesota Association of
C emeteries Advertising C ampaign
F.D irect Urban Affairs A dvisory C ommittee to Review Short-Term Rental
Housing Ordinance
G.A dopt Resolution Authorizing Release of 1988 C ovenants on Apple
Valley Villa Apartments
H.A pprove License Agreement with St. Paul Growers Association, Inc., for
2017 Apple Valley Farmers Market in Municipal C enter Parking Lot
I.A pprove License Agreement with Metropolitan C ouncil for Meter
M644A Access, Maintenance and Repair of Structure
J .A dopt Resolution Authorizing Master Partnership C ontract with State of
Minnesota Department of Transportation (MnD O T )
K.A dopt Resolution Awarding Project 2017-103, 2017 Micro Surfacing
L.A pprove Agreement with Ron Kassa C onstruction, Inc., for Project
2017-131, 2017 C oncrete Removal & Replacement Services
M.A pprove Agreement with Metropolitan C ouncil for 2017 C itizen
A ssisted Lake Monitoring Program
N.A pprove Change Order No. 1 and 2 on Agreement with Fendler
Patterson Construction, Inc., for Administration Offices Service Counter,
and Approve Acceptance and Final Payment
O.Waive Second Reading and Pass Ordinance Amending C hapter 95 of the
C ity C ode, Regulating Park Hours
P.A pprove Personnel Report
Q.A pprove Claims and Bills
5.Regular Agenda Items
A.Proclaim May 19-20, 2017, as "Poppy Days" and May 2017 as "Poppy
Month"
B.Proclaim May 29, 2017, as “Memorial Day”
C .2017 Special Assessment Roll No. 650, $155,625.54 – Delinquent
Utilities
1. Hold Public Hearing
2. Adopt Resolution Levying Assessments
D.A dopt Resolution Approving Interim Use Permit for Storage of Mobile
Food Unit by Vivo
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 11, 2017
S E C T I O N:I nf ormal Agenda I tem
Description:
P ersonnel P olicies Review P roject Update (25 min.)
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:
N/A
S UM M ARY:
Provide an update on the current status of the personnel policies review project.
B AC K G RO UND :
Several years ago, staff identified a need to review and evaluate existing personnel
policies. T he C ity's personnel policies establish employment rules and expectations for
employees, except where a provision of a collective bargaining agreement prevails. Personnel
policies are currently compiled primarily in section 34 of the City Code, known as the
Personnel Ordinance. However, some policies have also been approved separately.
T he purpose of the personnel policy review was to determine:
Is policy still needed?
Are purpose and goal of policies being met?
Are changes necessary to improve effectiveness?
Are appropriate education/training, monitoring, and ongoing review of policy occurring?
Staff researched best practices, surveyed peer cities, and consulted with the C ity Attorney in
contemplation of the project. T he City A ttorney recommended that the City Council strike
the Personnel Ordinance and adopt an administrative personnel policy manual. With this
model, the City C ouncil would authorize the C ity Administrator or designee to administer the
policies and present periodic updates to C ouncil for review and approval. T he C ity Council
would reserve the right to unilaterally modify policies, and the C ouncil's authority with
respect to personnel matters would not be removed or diminished.
Staff began the project, including review by employment law attorneys. Recently, the C ity's
leadership team staff have been meeting to review, discuss, and refine the policies.
Current Status
At this time, many of the proposed policies have been reviewed by the leadership team.
Attached is a summary of the proposed policies, noting substantive changes from the existing
ordinance. A number of the policies reflect statutory obligations, which the C ity would meet
even in the absence of a policy; however, including the policy helps inform employees of
their rights and expectations.
Next Steps
In the upcoming months, the leadership team will complete the policy review and also
consider whether certain other standalone policies should reasonably be included in the
manual. Staff will then come back to the C ity C ouncil to request approval of an
administrative policy manual, and striking of the Personnel Ordinance. T hereafter, the new
personnel policies manual will be distributed to employees, and training sessions will be
planned. Policies will be reviewed on an ongoing basis. As policies need updating, they will
be brought to the C ity Council for approval.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Exhibit
Presentation
City of Apple ValleyProposed Personnel Policy ManualChanges Overview To‐DateSection Policy Substantive Changes from Personnel Ordinance1 GENERAL INFORMATION1.1Personnel Policy Manual New. Incorporates "Purpose" and "Definitions" sections from ordinance.22.1Recruitment and Selection Expands criteria for nepotism review. Clarifies existing procedures. Adds Equal Employment Opportunity (EEO) statement.2.2Background Checks2.3Probationary Period Clarifies no probation for casual employees (at‐will employment). Clarifies that time in casual, volunteer, or interim positions does not count toward probation.2.4Transfer2.5Reassignment2.6Resignation Clarifies that employee cannot use paid time off (PTO) to extend employment beyond last day worked. Requires 30 days notice for department heads.2.7Lay off Reduces notice time from 60 days to 30 days. Removes right to recall.33.1Hours of Work and Overtime Removes compensatory time accrual for certain exempt employees. Clarifies deductions and PTO use expectations for exempt employees. Addresses hours limits for other than part‐time and casual employees (to avoid "full‐time" classification under the Affordable Care Act).3.2Time Reporting New. Reflects current practice.3.3Compensation New. Complies with statute.3.4Payroll Direct Deposit New. Reflects current practice.3.5Tip Income Incorporates existing policy into manual.3.6Personnel Data Practices New. Reflects current practice and statute.3.7Group Insurance Benefits3.8Public Employees Retirement Association New. Reflects current practice.3.9Injured on Duty3.10Temporary Modified Duty Duration and extensions increased from 30 to 90 days to reflect actual practice.3.11Employee Recognition New. Reflects current practice.3.12Performance Reviews New. Reflects existing practice. 3.13Employment Complaint Resolution Updated. City Administrator's decision final.3.14Discipline Clarifies casual employees at‐will employment status.3.15Reasonable Unpaid Work Time for Nursing Mothers New. Complies with statute.3.16Reasonable Accommodations...Pregnancy New. Complies with statute.HIRING AND SEPARATIONEMPLOYMENT PRACTICESHuman Resources, 2017‐05‐02Page 1 of 3
City of Apple ValleyProposed Personnel Policy ManualChanges Overview To‐DateSection Policy Substantive Changes from Personnel Ordinance3.17Pre‐Retirement Employment Transition New. Allows eligible retiring full‐time employee to work part‐time and keep group insurance with pro‐rated contribution for limited period.NATuition Reimbursement Section eliminated. Program has not been funded since 2009.44.1Employee Conduct New. Some sections carried over from Personnel Ordinance.4.2Discrimination and Harassment Updated. Provides for City Attorney review. Adds 2 business days reporting requirement for supervisors.4.3Respectful Workplace New.4.4Investigations New.55.1Leaves of Absence New. Reflects current practice.5.2Annual Leave Addition of ability to cash out 16 hours cash once annually (matches unions). Clarifies subject to discipline if unplanned leave suggests abuse. Eliminates obsolete reference to liquidation of leave for post‐employment medical. Short term disability section removed to separate policy.5.3Short Term Disability Moved from Annual Leave. Reflects current practice.5.4Holidays Adds 1 floating holiday (matches unions). Adds holiday bank option for certain employees in retail/hospitality settings.5.5Liquor Operations Holidays Incorporates existing policy into manual.5.6Bereavement Leave Clarifies that leave intended to be taken within 30 days after death in immediate family. Actual amount of approved leave based on circumstance.5.7Family and Medical Leave Updated to comply with statute.5.8Pregnancy and Parenting Leave Updated to comply with statute.5.9Medical Leave New. Complies with statute.5.10Bone Marrow Donation Leave New. Complies with statute.5.11Organ Donation Leave New. Complies with statute.5.12School Conference and Activities Leave New. Complies with statute.5.13Voting Leave New. Complies with statute.5.14Election Judge Service Leave New. Complies with statute.5.15Court Appearances New. Reflects existing practice. 5.16Jury Duty Leave5.17Military Active Service Leave New. Complies with statute.5.18Military Reservist Duty Leave New. Complies with statute.5.19Military Service Member Family Leave New. Complies with statute.CONDUCTLEAVES OF ABSENCEHuman Resources, 2017‐05‐02Page 2 of 3
City of Apple ValleyProposed Personnel Policy ManualChanges Overview To‐DateSection Policy Substantive Changes from Personnel Ordinance5.20Victim or Witness Leave New. Complies with statute.5.21Discretionary Leave of Absence Without Pay5.22Administrative Leave New. Reflects existing practice. 5.23Medical Certification of Absence for Illness or Injury New. Reflects existing practice. NAVacation and Sick Leave Sections eliminated.66.1AWAIR Policy Incorporates existing policy into manual.6.2Workplace Violence Prevention Revised to allow properly cased and secured permitted firearm in personal vehicle out of view while conducting City business.6.3City Driving New. Requires reporting of driver's license status changes. Allows check of driver's license status for positions driving for City business.6.4Use of Cell Phones/Devices…Casual Employees Incorporates existing policy into manual.6.5Drug Free Workplace Incorporates existing policy into manual.6.6Police Applicant Drug Testing Policy Limited to applicants (employees covered in union labor agreements)6.7DOT Drug and Alcohol Testing Policy6.8Tobacco Use Removes exemption for maintenance vehicles. Prohibits tobacco use while conducting City business or in personal vehicle while transporting another person on City business. Permits tobacco use during breaks in designated areas away from public view.6.9LIFE Rewards Incorporates existing policy into manual.6.10Apple Core Training (ACT) Center Incorporates existing policy into manual.77.1Media Requests New.7.2Personal Communications and Use of Social Media New. 7.3Use of City Social Media Assets New.7.4Information Technology Incorporates existing policy into manual.7.5Wireless Communications Devices and Phones Incorporates existing policy into manual.WORKPLACE SAFETY AND HEALTHCOMMUNICATIONS AND INFORMATION TECHNOLOGYHuman Resources, 2017‐05‐02Page 3 of 3
City Council Informal MeetingMay 11, 2017
Staff identified need to review and evaluate personnel policiesAnalysis:Is policy still needed?Are purpose and goal of policy being met?Are changes needed to improve effectiveness?Are appropriate education/training, monitoring, and ongoing review of policy occurring?
ConclusionsMultiple policies in several formats and locationsPolicies in need of updating to conform to changes in law and best practices
ConclusionsUpdating personnel policies by ordinance is cumbersome▪Survey: 97% of metro cities utilize employee handbook or administrative manual for personnel policies▪League of MN Cities recommendation: “For better flexibility in stating the terms, conditions, privileges and responsibilities of employment, and for ease in updating practices, a policy manual or handbook is preferable to an ordinance.”‐LMC HR Reference Manual
RecommendationCity Attorney advised striking Chapter 34 of City Code (“Personnel Ordinance”) and adopting administrative personnel policy manualCity Council authorize City Administrator or designee to administer policies and present periodic updates to Council for review and approval
RecommendationCity Council reserve right to unilaterally modify policiesDoes not remove or diminish Council’s authority for personnel matters
Guidelines for Establishing PoliciesWorks in progressServe as guidesEnsure consistent treatmentDocument good faith effortCulture, values, and workplace style
Goals of Personnel Policy ReviewIncorporate existing policies and practicesProvide clear communication of employee rights and expectationsReview and edit for legal compliance
Goals of Personnel Policy ReviewAdd new policies as necessaryDetermine which policies applicable to groups generally not included by default▪(such as volunteers, paid on call firefighters, contractors, elected officials)
Staff began review and revision of policiesInventoryFormats and locationsBest practices in industry and neighboring citiesThorough legal compliance review by several employment law attorneysCity leadership team review meetings
Review and updates to policies substantially completedDraft personnel policy manual in progressSeeking Council support for finalization of project by end of summer 2017
Complete leadership team discussionsPresent draft to Council for reviewNotification to unionsCouncil strike personnel ordinance and adopt personnel policy manual
Distribute updated manual to employeesSupervisory training and orientation sessionsAssist in administration of the policiesClarify expectationsContinue ongoing review and updateAs individual or collection of policies updated, will be brought to Council for review and approval.
I T E M: 3.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:I nf ormal Agenda I tem
Description:
Discuss S hort-Term Rental Housing (25 min.)
S taff Contact:
A lex Sharpe, P lanning and E conomic Development
S pecialist
D epartment / Division:
C ommunity D evelopment Department
AC T I O N RE Q UE S T E D:
T he C ity Council is scheduled to discuss short term rental housing as part of its May 11
informal work session. T his discussion will assist with framing the discussion for the Urban
Affairs Advisory C ommittee to review the current code, and provide recommendations on
this topic. A May 11 consent agenda item requests referral to the Urban Affairs Advisory
Committee.
S UM M ARY:
Temporary rental housing's popularity as an alternative vacation or short term lodging option
has been growing throughout the country. C ompanies such as Airbnb and VRBO have led
the online marketing of these units and currently have more than 4,000,000 lodging units in
65,000 communities, at times surpassing the number of hotel rooms in a community.
Temporary rental housing is typically defined as a home or apartment which is rented for less
than 30 days. Temporary units bring different opportunities and challenges to a community.
T he arrival of the 2018 Super Bowl has spurred cities such as Minneapolis and St. Paul to
review their temporary rental housing ordinances. A rticles from the Star Tribune and the
Pioneer Press have been published recently which detail the complexity and concerns of this
temporary lodging use. T hese articles and an analysis from the C ity of St. Paul are attached.
B AC K G RO UND :
Currently temporary or short term rental lodging is not permitted in Apple Valley's residential
zones. However, the C ity Attorney has stated that the ordinance should be explicit on the
matter, or should provide proper regulation if C ouncil wishes to allow the units.
In early 2017 staff received complaints about a small number of residential homes which are
being offered for short term rental. While the current code prohibits commercial lodging
within the residential zones, the code is not explicit, and therefore open to interpretation.
T he cities of Eagan and Burnsville have banned short term rentals, while cities like Prior
Lake, Duluth, Minneapolis, and St. Paul either currently allow the units, or are in the process
of drafting ordinances regulating their use.
B UD G E T I M PAC T:
At this time there is not a budget impact.
AT TAC HM E NT S:
Background Material
Background Material
Background Material
Presentation
5/2/2017 St. Paul, M pls. consider r egulations on shor tterm rentals like Air bnb StarTribune.com
http://www.startribune.com/stpaulandminneapolisconsiderregulationsonshorttermrentalslikeairbnb/420682323/1/2
VARI ETY
St. Paul and Minneapolis consider
regulations on shortterm rentals like
Airbnb
The expected flood of visitors to Minnesota during next year's Super
Bowl creates a deadline for cities to establish regulations.
By Jessie Van Berkel (http://www.startribune.com/jessie‑van‑berkel/280701532/) Star Tribune
APRIL 28, 2017 — 7:16AM
Strangers occupy Doug Beasley’s retreat-like home, tucked in St. Paul’s northwest corner,
for much of the year.
“I love my neighborhood and I love being able to share that with other people,” said the
photographer, who uses Airbnb to rent his St. Anthony Park house when he’s traveling
the world for work or staying at his cabin.
Hundreds of Twin Cities residents use online companies like Airbnb and VRBO to
temporarily fill spare rooms or empty homes. These “hosts” have been renting spaces for
years without city regulations. That is about to change.
St. Paul and Minneapolis are studying rental rules and want to ensure hosts pay taxes
and meet safety guidelines. The expected flood of visitors to Minnesota during next
year’s Super Bowl creates a deadline for cities to establish regulations.
“We want to make sure that we are facilitating tourism and doing it in a good way,” said
Donna Drummond, St. Paul’s planning director.
St. Paul’s proposed rules would limit the number of people allowed to stay in a home
and how many apartments or condominiums people could rent out in a building.
Property owners would have to follow zoning and licensing rules, pay sales and lodging
taxes, have appropriate insurance and, in some cases, a fire certificate of occupancy.
Minneapolis staff plans to present regulations to council members within a few months,
Deputy City Coordinator Nuria Rivera-Vandermyde said. They have been meeting with
St. Paul staff and are looking at similar issues, like tax payment and neighborhood
nuisance concerns, she said.
Some Airbnb hosts are confused by St. Paul’s planned limits on rental units, company
spokesman Ben Breit said.
“We appreciate the hard work of city policymakers to get to this point, though our St.
Paul hosts have concerns with some of the cumbersome requirements of this draft
legislation,” Breit said, and the company will continue to work with the city on the
regulations.
Other Minnesota cities have even more stringent rules on short-term rentals.
Eagan doesn’t allow them when the property owners are not present and Burnsville
prohibits short-term rentals in residential areas. Duluth requires hosts to get $650 or
$100 annual permits, depending on whether they are renting out their full property or
just a room.
St. Paul would make hosts pay an annual license fee. The city hasn’t determined the cost
but doesn’t want it to be a hindrance to people, Department of Safety and Inspections
Deputy Director Dan Niziolek said.
Booking services, like Expedia and Airbnb would have to give St. Paul information about
the hosts, and the city would audit a sampling of property owners for compliance, he
said. The companies would have to remove hosts’ listings if they refuse to comply with
the rules.
St. Paul does not license or permit the rentals, so they are technically illegal, but the city
hasn’t been shutting them down.
(http://stmedia.startribune.com/images/ows_149334716924313.jpg)
DAV I D J O L E S ‑ S TA R T R I B U N E
Doug Beasley is among the landlords who
might have to register properties if new short‑
term rental rules are passed.
5/2/2017 St. Paul, M pls. consider r egulations on shor tterm rentals like Air bnb StarTribune.com
http://www.startribune.com/stpaulandminneapolisconsiderregulationsonshorttermrentalslikeairbnb/420682323/2/2
The City Council created a work group last year to study short-term rentals and come
up with rules. They found that not many people were complaining about the rental
properties, St. Paul Senior City Planner Kady Dadlez said, so the city staff is trying to
keep the regulations minimal.
Weighing pros and cons
St. Paul’s proposed rules would be a big change, Beasley said, but not necessarily a bad
or an unfamiliar one. He also rents out his cabin, and even the small Wisconsin town
where it’s located has regulations.
The change would put short-term rentals on a more level playing field with hotels and
traditional bed-and-breakfast owners, he said.
“I can understand the concern from the hospitality interest in Airbnbs, because there are
so many things we don’t have to do and regulations we don’t have to comply with that
they do,” Beasley said.
At a recent Planning Commission meeting, Dadlez listed pros and cons of the rentals,
noting that they add income for residents and support tourism. They also can contribute
to late-night noise, crime, litter and take up on-street parking, she said.
Those concerns are overstated, Commissioner Bill Lindeke said, and the Airbnb in his
neighborhood is a boon that adds eyes on the street. Commissioner Terri Thao said the
possibility that affordable housing is turned into short-term rentals is “extremely
concerning” and could compound the already tight rental market.
The Planning Commission has not yet voted on the rules and will hold a public hearing
on them June 2. The St. Paul City Council and mayor will likely consider them late this
summer or early fall.
Jessie.VanBerkel@startribune.com
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/1/7
NEWS
Want to rent your home during
the Super Bowl? St. Paul
setting Airbnb rules
By FREDERICK MELO | fmelo@pioneerpress.com | Pioneer Press
PUBLISHED: April 27, 2017 at 11:04 pm | UPDATED: May 1, 2017 at 5:32 pm
Carla Solberg Sherman, proprietor at the Como Lake B&B in St. Paul, gets spring
planters ready Thursday, April 20, 2017. St. Paul bed and breakfast owners say
they’re held to higher standards, on top of taxes and fees compared to owners of
short-term rentals such as Air BnBs. St. Paul is studying whether to regulate short-
term rentals, and how. (Jean Pieri / Pioneer Press)
For seven years, Carla Sherman has leased out three suites in the Como Lake Bed and
Breakfast to visitors from around the world.
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/2/7SUPER BOWL NEXT YEAR WILL EXPLODE DEMAND
With a view directly onto St. Paul’s Lake Como, her home is also her business. She’s
taxed and regulated accordingly. She pays a state sales tax and a city sales tax, a
transit tax and a local lodging tax.
State inspectors come by each year to conduct food and lodging inspections, licenses
that together cost her $345. Her “umbrella” homeowner’s insurance policy covers
guests if they slip and fall, at an annual cost of about $5,000.
Under St. Paul’s zoning rules, no bed-and-breakfast can operate within 1,000 feet of
her own. She can’t serve guests more than a few ounces of alcohol. She can’t rent out
more than four rooms. All in all, she’s inspected, taxed and licensed much like a hotel
would be.
But to her disappointment, her chief competitors are not.
Sherman and other bed-and-breakfast owners are pressuring city oퟥ�icials to regulate
short-term rentals in private residences, such as those found on Airbnb and VRBO.
Hearings on proposed new rules that would tax and license them begin June 2.
Advocates and property owners are lining up to say the rules go too far or not far
enough.
“Our St. Paul hosts have concerns with some of the cumbersome requirements of this
dra legislation,” said Benjamin Breit, a spokesman for Airbnb’s Midwest oퟥ�ices.
B&Bs “are paying for the services they receive from the city, and (short-term rentals)
are not,” said Pam Biladeau, who runs the Corban Manor Inn on St. Paul’s Cathedral
Hill with her husband. “If you look like a duck, walk like a duck, you are a duck. If you
rent a room for money, you’re a business.”
During a review of online listings last summer, workers from the St. Paul Department
of Safety and Inspections found roughly 250 openings for house, condo and
apartment rentals of under 30 days, with many oퟥ�ering stays as short as a single
night. They acknowledge their tally is probably conservative.
None of those homes were licensed or taxed by state and local authorities.
“I can’t even imagine how much the city could be collecting for fixing potholes if all
these people paid,” Sherman said.
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/3/7
SUPER BOWL NEXT YEAR WILL EXPLODE DEMAND
With the 2018 Super Bowl landing in Minneapolis in February, the short-term rental
trend is about to explode.
It did so last year when 3,400 guests rented Airbnbs throughout the metro area during
the Ryder Cup golf tournament at the Hazeltine National Golf Club in Chaska.
By kickoퟥ� at the Super Bowl, Airbnb has predicted it will double its current number of
rentals in the Twin Cities region. St. Paul oퟥ�icials appear eager to capitalize on the
spike in tourism.
They’re also sensitive to concerns about creating a level playing field in what’s
presently an unregulated market, and capturing more tax revenue. Short-term rentals
are proliferating, even though they’re technically against the law.
Carla Solberg Sherman, center, proprietor at the Como Lake B&B in St. Paul, talks
with her guests Karen and Craig Smith from Rochester during breakfast on
Thursday, April 20, 2017. (Jean Pieri / Pioneer Press)
“That use is currently illegal under the zoning code,” said Donna Drummond, director
of planning within St. Paul Planning and Economic Development. “(But) we know
that this is a good thing for economic growth and tourism. How do we manage that in
a good way?”
The growth of the so-called “sharing economy” has raised new questions for St. Paul.
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/4/7
NEW RULES OVERDUE?
With increasing frequency, homeowners across the country are eퟥ�ectively converting
their properties into unlicensed businesses in residential areas. During the Ryder Cup,
some mega-homes were advertised for $75,000 a week.
From San Francisco to Barcelona, Spain, entire apartment buildings have been
converted into de facto hotels through Airbnb, reducing the stock of aퟥ�ordable
housing. Cities have responded a variety of ways, from creating permits and licenses
for short-term rentals to banning them entirely.
Donovan Roediger, who advertises on Airbnb a one-bedroom apartment across from
St. Paul City Hall, said he welcomes “reasonable taxation and regulation,” such as the
“One Host, One Home” policy that the company rolled out in Portland, Ore.
By limiting hosts to one listing apiece, the policy discourages management
companies from buying multiple properties in order to convert them to short-term
rentals.
“I absolutely think Airbnb can help boost the local economy,” Roediger said.
“Downtown hotels are prohibitively expensive for many tourists, forcing them to stay
in chain hotels along the interstate. By opening up aퟥ�ordable lodging options within
the city, our tourists can stay steps away from locally owned restaurants and shops.”
Roediger has his guests pick up their keys at a nearby independent bookstore,
Subtext Books, where they also receive a small discount. He directs guests to local
restaurants and bars and hangs prints by local artists in the apartment, along with
information on where they can buy them.
“Hotels and B&B owners may want to slow or stop Airbnb, but I’d ask taxi drivers how
well that’s worked in their industry,” said Douglas Mackaman, a European history
professor at the University of West Florida who rents out a house on Cathedral Hill.
Bed-and-breakfast owners, who can spend a year or more getting licensed, say new
rules are overdue.
Biladeau noted that on top of state and local taxes and licensing fees, she pays $1,000
a year for worker’s compensation, and at least minimum wage for housekeeping. As a
company, Airbnb has been valued at $31 billion, said Biladeau, “and they (o en) give
no money to the cities they’re in.”
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/5/7
NEW RULES COMING
Breit, the Airbnb spokesman, said that as of May 1, the company will have entered
into agreements with 275 jurisdictions around the world to collect and remit local
sales and lodging taxes, including cities that account for about half its U.S. listings.
So far, St. Paul isn’t one of them.
At the direction of the St. Paul City Council, city planners last year embarked on an
eퟥ�ort to create potential zoning changes, on top of licensing and certificate of
occupancy requirements.
City staퟥ� presented possible zoning amendments to the St. Paul Planning
Commission on April 21, and the recommendations are available for public comment.
The commission will host a public hearing June 2, and the city council is expected to
vote on whether to adopt the new regulations in July or August.
The proposed rules would require licensing, inspections and verification of tax
collection through audits conducted by the Minnesota Department of Revenue.
They also limit the number of short-term rentals in a condo or apartment building to
half the units, with a maximum of four rentals unless the city deems fit to allow more.
No more than four unrelated guests are allowed to rent a space together, but family
members are exempt from the limit.
So far, reactions have run the gamut.
“On first review, I like the idea of collecting sales and lodging tax, as it’s only fair to
have a level playing field with B&Bs and hotels,” said St. Paul City Council President
Russ Stark. “I need to hear more about the details of limiting (short-term rentals) to
one-half the units, but at first blush, I understand the logic. Short-term rentals that
are not owner-occupied should clearly be in our ‘Certificate of Occupancy’ program.”
Council member Chris Tolbert said he’s an Airbnb user and supportive of the industry,
but “there should be some basic regulation for public-safety purposes, and for basic
fairness.”
“We’re going to need Airbnb for the Super Bowl,” Tolbert said. “I don’t think there’s
enough hotel rooms in the Twin Cities for the amount of people that are coming.”
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/6/7
HOW OTHER CITIES DO IT
Biladeau, the inn owner, worries that taxes won’t be collected on the full cost of the
short-term rental, noting that Airbnbs are notorious for hidden fees.
She also doubts the city has any way of determining if extra guests are indeed
relatives.
“B&Bs are currently limited to a maximum of four rooms,” she said. “If short-term
rentals have no limits on the number of rooms and guest occupancy, then neither
should the B&Bs.”
Breit, the Airbnb spokesman, called the limits on the number of short-term rentals
confusing.
He encourages cities to consider the company’s 31-page review of best practices from
cities around the world, from “One Host, One Home” in Portland to a “Three Strikes”
policy in New York City that bans hosts a er they have been cited three times by law
enforcement.
St. Paul oퟥ�icials say that based on their list of 250 known short-term rentals, they
found no evidence of police calls or oퟥ�icial complaints to the Department of Safety
and Inspections.
Nevertheless, reports about Airbnb “party houses” disrupting neighbors and trashing
properties have occasionally hit the news from Minneapolis to the San Francisco
area and Canada.
“We did not find many, if any, complaints on short-term rentals,” said Dan Niziolek,
deputy director of DSI. “We’re looking at, basically, a very limited regulatory
structure, just in case there are any problems.”
In mid-April, St. Paul oퟥ�icials issued a 16-page staퟥ� report that spells out how other
cities have addressed short-term rentals.
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/7/7
VIEW COMMENTS
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In November 2015, Eagan chose to ban short-term rentals of less than 30 days, unless
the owner is present. Burnsville bans short-term rentals in areas with residential
zoning. Stillwater recently allowed short-term rentals, but limits the number of
licenses available at any time, as well as the number of guests allowed at any
residence. Duluth and Prior Lake have created their own permitting processes.
Minneapolis has embarked on its own zoning study, and new regulations are likely.
Frederick Melo
Frederick Melo came to the Pioneer Press in 2005 and brings an
aggressive East Coast attitude to St. Paul beat reporting. He spent
nearly six years covering crime in the Dakota County courts before
switching focus to the St. Paul mayor's oퟥ�ice, city council, and all
things neighborhood-related, from the city's churches to its parks and light rail. A
resident of Hamline-Midway, he is married to a Frogtown woman. He Tweets
manically at @FrederickMelo
Follow Frederick Mel o @FrederickMelo
5/11/2017
1
Short Term Rental
Housing Discussion
Background
•Short term rental housing has been
growing in popularity for years.
•Over 4 million units in the United
States currently, via two major
companies(AIRBNB and VRBO).
•Super bowl 52 will place additional
demand in the Twin Cities.
5/11/2017
2
Other City Responses
•Eagan – Changed the definition of rental housing, prohibiting
rentals less than 30 days.
•Burnsville – Prohibits short term rentals in all residential
districts.
•Bloomington – Recent ban on short term rental housing and
all Bed and Breakfasts within the city.
•St. Paul –Currently working on an ordinance to permit
temporary rentals, subject to conditions and inspections.
•Minneapolis –Currently in the process of regulating short
term rentals, but allowing their use.
•Prior Lake –Permits the use of short term rentals with a
permit and links the use with off street parking availability.
Apple Valley Availability
AIRBNB LINK
5/11/2017
3
Questions?
I T E M: 4.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:I nf ormal Agenda I tem
Description:
Review B uilding P lan Options for Cobblestone L ake P ark Northwest (15 min.)
S taff Contact:
B arry B ernstein, P arks & Recreation D irector
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Staff is seeking direction to proceed with the C obblestone Lake Park Northwest building
construction plans.
B AC K G RO UND :
Cobblestone Lake Park Northwest is located in the southeast quadrant of the city on the
northwest end of C obblestone Lake. It is approximately 3.37 acres is size.
Hoisington Koegler Group, Inc., has prepared park concept plans that include a picnic
pavilion shelter, bath house (restroom) building, water feature artwork, outdoor exercise area,
and landscaping. T he park plan was reviewed by the Parks and Recreation Advisory
Committee J uly 21, 2016, and recommended by unanimous vote that it move forward. T he
plan was then reviewed at the August 25, 2016, C ity C ouncil meeting.
Staff has researched three options and associated cost estimates for construction of the picnic
pavilion and bath house building. O ption #1 as designed by Oertel A rchitects includes a
2,256 sq. ft. pavilion and a 570 sq. ft. bath house at a cost of approximately $920,000.
Option #2 reduces the size of the pavilion building by 25%, eliminates the high roof with
skylights in favor of a more basic roof structure, and has a cost of approximately $785,000.
Option #3 utilizes pre-fab designs similar to facilities located in other Apple Valley parks
and has a cost of approximately $500,000 to $600,000.
B UD G E T I M PAC T:
Funding of the entire park construction includes City funds of $325,000, Tradition
Development's matching contribution, and a Metropolitan Livable C ommunities
Reimbursement Grant of approximately $248,000 used primarily for site improvements and
utility work.
Current funds minus already allocated expenditures for parking lot, plantings, pergola,
irrigation, and architectural fees leaves $250,000 available for the parks shelter and bath
house. Additional funding would be required for any one of the three options.
Funding Option #1 Option #2 Option # 3
Estimated Project C ost $ 920,000 $ 785,000 $500,000 to
$ 600,000
Park Bond Fund 250,000 250,000 250,000
Park Dedication Fund 535,000 535,000 350,000
Future C apital Project Fund 135,000 --
Total Sources 920,000 785,000 600,000
AT TAC HM E NT S:
Exhibit
Background Material
Presentation
5/11/2017
1
Cobblestone Lake Park
Pavilion and Bath House
May 11, 2017
5/11/2017
2
5/11/2017
3
5/11/2017
4
Pre-fab designs similar to facilities located in
other Apple Valley parks.
5/11/2017
5
5/11/2017
6
I T E M: 4.A .
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Minutes of April 27, 2017, 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 27, 2017.
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 27, 2017
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held April 27, 2017, 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, Assistant City Administrator Grawe, Human
Resources Manager Haas, Finance Director Hedberg, Recreation Manager Muelken, Community
Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, and
Fire Chief Thompson.
Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the
Pledge of Allegiance led by Boy Scouts Brian Bachman, Andrew Kirchhoff, Matthew Kirchhoff,
and Brock Martin from Troop 205.
APPROVAL OF AGENDA
MOTION: of Hooppaw, seconded by Grendahl, removing the resolution from item 4.E.2 and
changing the action to read Authorizing Submittal of Minnesota Investment Fund
(MIF) Application to Department of Employment and Economic Development
(DEED), and approving the agenda for tonight’s meeting, as amended. Ayes - 5 -
Nays - 0.
AUDIENCE
Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any
item not on this meeting’s agenda. No one requested to speak.
CONSENT AGENDA
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. There were no requests.
MOTION: of Bergman, seconded by 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 13, 2017, as written. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 27, 2017
Page 2
MOTION: of Bergman, seconded by Goodwin, proclaiming May 7 through May 13, 2017, as
“Drinking Water Week” and asking citizens 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 use of Fire Station 3 by Apple
Valley Firefighters Relief Association for fundraising activities on April 29, 2017.
Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-65 approving
2016 interfund transfers. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-66 setting a
public hearing at 7:00 p.m., on May 25, 2017, on submittal of an application to
the Department of Employment and Economic Development (DEED) for a
Minnesota Investment Fund (MIF) grant for Uponor North America. Ayes - 5 -
Nays - 0.
MOTION: of Bergman, seconded by Goodwin, authorizing submittal of the Minnesota
Investment Fund (MIF) Application to Department of Employment and Economic
Development (DEED). Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-67 approving
an Interim Use Permit for two 90-foot tall cell towers at 4851 McAndrews Road
(Valleywood). Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-68 approving
the final plat and Development Agreement for Cortland Sixth Addition, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-69 approving
the final plat and Development Agreement for Embry Place Third Addition, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-70 approving
the First Amendment to Development Agreement for Quarry Ponds Fourth
Addition, 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 2016-
164, Johnny Cake Ridge Road Sewer Extension, with Rockport, LLC, for private
installation of public infrastructure, and authorizing the Mayor and City Clerk to
sign the same. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 27, 2017
Page 3
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2017-71 accepting
easements from Rockport, LLC, for Project 2016-164, Johnny Cake Ridge Road
Sewer Extension. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Professional Services
Supplemental Agreement with Confluence, Inc., in an amount not to exceed
$36,000.00, 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 2017-
129, 2017 Concrete Cleaning & Sealing Services, with Clean ‘N Seal, Inc., in the
amount of $19,000.00, 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 2017-
153, Pergola and Seat Bench Concrete and Stone Construction, with Hage
Construction Company, d/b/a Hage Concrete Works, in the amount of
$76,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5
- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving a Fireworks Display Agreement
with RES Specialty Pyrotechnics, Inc., to provide a fireworks display on
July 4, 2017, in the amount of $25,000.00, as attached to the Parks and Recreation
Director’s memo, subject to receipt of a fireworks permit and certificate of
insurance, 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 2017-
150, 2017 Sump Catch Basin Cleaning, with Sewer Services, Inc., in the amount
of $82,110.00, and authorizing the Mayor and City Clerk to sign the same. Ayes -
5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 2 to the
Agreement with Viking Automatic Sprinkler Company, with a deduction of
$15,100.00, and accepting Project 2016-110, Apple Valley Community Center
Fire Alarm System, as complete and authorizing final payment in the amount of
$69,900.00. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal, part-time and
full time employees, resignation of employees, and termination of employee, as
listed in the Personnel Report dated April 27, 2017. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers
dated April 5, 2017, in the amount of $721,183.29; and April 12, 2017, in the
amount of $712,826.29. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 27, 2017
Page 4
END OF CONSENT AGENDA
VOLUNTEER RECOGNITION WEEK
Mayor Hamann-Roland introduced this item and provided details regarding volunteer service
hours by the various City committees. She then recognized the Commissioners and Committee
Members who were in attendance: Cemetery Advisory Committee Members Tanya Grawe and
Alan Kohls; Parks and Recreation Advisory Committee Member Brenton Schulz; Planning
Commissioner Paul Scanlan; Telecommunications Advisory Committee Member Dale Rodell;
Traffic Safety Advisory Committee Members Linda Dolan, Charles Grawe, Fred Puente, Matt
Saam, and Arthur Zimmerman; and Urban Affairs Advisory Committee Member John Vegter.
MOTION: of Grendahl, seconded by Hooppaw, proclaiming April 23 through 29, 2017, as
“Volunteer Recognition Week” to recognize those volunteers who contribute their
time, talent, and energy to the community. Ayes - 5 - Nays - 0.
DONATION OF CELLSLIPS FROM AAA THE AUTO CLUB GROUP
Traffic Safety Advisory Committee Members Dolan, Grawe, and Saam were present. Ms. Dolan
provided a brief history on the AAA Traffic Safety Grants, statistic on distracted driving, and
explained how CELLslips incent drivers to put their phones away while driving. Mr. Grawe and
Mr. Saam gave a brief demonstration.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2017-72 accepting,
with thanks, the donation of 100 CELL Slips from AAA The Auto Club Group
for use by the Traffic Safety Advisory Committee and Police Department. Ayes -
5 - Nays - 0.
COMMUNICATIONS
Mr. Lawell thanked everyone who participated in 360 Communities’ Sexual Assault Awareness
Walk held last evening.
Mayor Hamann-Roland thanked staff for their efforts in connection with the City tree sale.
CALENDAR OF UPCOMING EVENTS
MOTION: of Bergman, 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 Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 7:22 o’clock p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 27, 2017
Page 5
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 11, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Accepting Donation f rom J udy Dickerson for Use by Parks and R ecreation
Department
S taff Contact:
Director, Barry B ernstein
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Adopt resolution accepting the donation of $150.00 from J udy Dickerson for use by Parks
and Recreation Department toward the purchase of a tree for C obblestone Lake Park.
S UM M ARY:
J udy Dickerson has offered to donate $150.00 toward the purchase of a tree for C obblestone
Lake Park in memory of J im Dickerson. Attached, please find a proposed resolution
accepting the donation from Ms. Dickerson and thanking her for her generosity.
B AC K G RO UND :
N/A
B UD G E T I M PAC T:
$150.00 donation
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-___
A RESOLUTION ACCEPTING DONATION
WHEREAS, the City Council of Apple Valley encourages public donations to help defray
costs to the general public of providing services and improve the quality of life in Apple Valley;
and
WHEREAS, Judy Dickerson has offered to donate $150.00 to be utilized by the Parks and
Recreation Department toward the purchase of a tree in memory of Jim Dickerson for Cobblestone
Lake Park; and
WHEREAS, Minnesota Statues 465.03 requires that all gifts and donations of real or
personal property be accepted only with the adoption of a resolution approved by two-thirds of the
members of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City.
BE IT FURTHER RESOLVED that the City sincerely thanks Ms. Dickerson for her
gracious donation.
ADOPTED this 11th day of May, 2017.
___________________________________
Mary Hamann-Roland, Mayor
ATTEST:
______________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.C.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
Receive P arks and R ecreation D epartment 2016 Annual Report
S taff Contact:
Director, Barry B ernstein
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Motion to receive the 2016 Annual Report of the Apple Valley Parks and Recreation
Department.
S UM M ARY:
Attached please find the Apple Valley Parks and Recreation Department’s 2016 year-
end Annual Report. T he report includes accomplishments, statistics, highlights, and photos of
the Parks and Recreation activities from J anuary 1 through December 31, 2016.
B AC K G RO UND :
2016 was a busy year for Parks and Recreation. Staff has compiled many of the highlighs
into the year-end report for C ouncil review.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R eport
Kelley Park
Parks & Recreation
Annual Report—2016
Advisory Committee 2
Administration 4
Park Maintenance 6
Valleywood Golf Course 12
Arenas 14
Senior Center 16
Recreation 18
Aquatics 26
Inside this issue:
Special Points
Of Interest:
Valleywood won State
Amateur Team Cham-
pionship
Learn-to-Skate Pro-
gram saw a 20% in-
crease in participants
196 Puppet shows
performed
1,841 Softball league
and playoff games
played at Johnny Cake
Ridge Park
The Parks and Recreation Advisory Committee (PRAC) is an appointed
committee of the City Council of volunteer citizens. The purpose of the
PRAC is to advise and make recommendations to the City Council con-
cerning parks, recreation, open space, and trail issues. In addition, the
PRAC provides input to City staff, acting as an advisory board on com-
munity interests concerning recreation and parks.
Jessica Montgomery Lee Strom—Chair
Brent Schulz Noel Hammill
Boyd Montgomery Patrick Sullivan, Jr.—Secretary
Josh Gaffke
Parks and Recreation Advisory Committee
Committee Members
Thursday of January,
March, May, September,
and November, with addi-
tional meetings called as
needed throughout the
year.
Organization
The PRAC consists of
seven (7) members. Mem-
bers are appointed by the
City Council for three (3)
year terms. The Chairper-
son and Secretary are
elected annually by the
committee members at an
“organizational meeting”
typically held in March.
Meetings are held the first
Page 2 Parks and Recreation Advisory Committee
Park Dedication
2016 Meetings
The City has enacted an
ordinance under Minneso-
ta law which grants a com-
munity the authority to
receive land or cash in lieu
of land for purposes from
residential and commer-
cial/industrial developers.
This dedication is set de-
pending on the size of the
proposed development
and whether it is a residen-
tial or commer-
cial/industrial develop-
ment. If the amount of
land is not sufficient to
support a park, a cash ded-
ication is accepted. The
amount of the cash dedi-
cation is based on the type
of residential or commer-
cial/industrial unit. The
Committee annually re-
views dedication funds.
The cash collected goes
into a fund for purchase
and/or development of
parks throughout the
community.
Cobblestone Lake Park
Northwest
Cortland Development Park
Mid-Winter Fest
Parks and Recreation Advi-
sory Committee Goals
Quarry Ponds Addition
Dakota County North Creek
Greenway County Rd 38
Trail & Pedestrian Bridge
Proposed Amendment to
Park Dedication Require-
ments
Meetings were held January
7, March 3, May 5, July 21
September 1, and November
3. Regular meetings were
held in the Municipal Cen-
ter’s Council Chambers and
video broadcast on Charter
Communication Cable Chan-
nel 180 starting at 7:00 p.m.
Informal meetings were held
at 6:00 p.m. in the Municipal
Center’s Regent Conference
Room prior to each Regular
meeting.
Page 3
Parks & Recreation Department
Annual Report
Hayes Park—Little Library
Dedication
Kelley Park Amenities Dis-
cussion
Park Hours
Parks and Recreation Division
Reports and 2017 Fee Sched-
ules
Introduction of New Committee
Member
Members’ Role
The PRAC’s work covers a broad range of issues which must be acted upon in a timely manner. Occasionally,
the formation of “task force” or “study groups” becomes necessary to look into or work further on more com-
plex issues. Participation in these groups is voluntary.
Comprehensive
Guide Plan
ITEMS OF DISCUSSION INCLUDED:
Required by the Met-
ropolitan Council, the
City maintains a
“Comprehensive
Guide Plan” for the
city. One segment of
the plan includes
parks. Neighborhood
service areas are de-
fined to help deter-
mining what park
needs might be for
each portion of the
City. A complete
copy of the Plan is
available on the City’s
w e b s i t e a t
w w w . c i . a p p l e -
valley.mn.us.
$524,208
$931,678
$2,086,938
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
2014 2015 2016
Park Dedication
Parks and Recreation Ad-
ministration consists of a
Director, Park Superinten-
dent, Arena Manager, Golf
Course Manager, Recreation
Manager, four Recreation
Supervisors, Administrative
Coordinator, and several
part-time and seasonal staff.
Parks and Recreation Administration
Mission Statement
To develop, promote, collaborate and deliver leisure programs and
facilities that target the leisure service needs of the Apple Valley
community. The course of the leisure services offerings are in di-
rect response to and align with our community interests.
To accomplish this mission, the following goals have been estab-
lished:
Provide quality customer service
Hire, train, and maintain professional, respectful, competent, and responsive staff who
attend to the needs of customers
Practice fiscal responsibility
Promote and elevate how the Apple Valley Parks and Recreation Department enhanc-
es the quality of life for our residents
Provide and promote diverse recreational opportunities, services, facilities and
trails that further enrich the quality of life for our residents
Page 4
FUN FACT
Every year the
department employs
more than 350 people
to staff the various
recreation facilities
and programs Parks and Recreation Administration
Message from the Director
2016 has come and gone,
but what a great year for the
Parks and Recreation De-
partment, and the City of
Apple Valley! Many of our
facilities are reaching the age
where updates are necessary
to continue to ensure the
safety of visitors, as well as
keeping the facilities attrac-
tive and inviting. This year
the City and department
have made significant rein-
vests to greatly improve the
Parks and Recreation facili-
ties.
In 2016, the department saw
a transition in employees
with a new Recreation Man-
ager, as well as some transi-
tion on the Parks and Rec-
reation Advisory Commit-
tee. Although the City lost
some valuable employees
and committee members, it
is encouraging that Apple
Valley is attracting quality
job applicants and interested
persons who wish to be in-
volved by serving on the
Parks and Recreation Advi-
sory Committee.
Within this document, I
hope you find that the Parks
and Recreation Department
is working extremely hard
for the residents of Apple
Valley in our attempt to
continue in making Apple
Valley a great place to live,
work and play. Some of the
department’s accomplished
initiatives include:
updating the mission
statement,
progress on the Apple
Valley Community Center
updates,
employment. Every year,
the department employs
more than 350 people to
staff the Family Aquatic
Center, Redwood Pool, Ap-
ple Valley Community Cen-
ter, Hayes Park and Sports
Arenas, Valleywood Golf
Course, Park Maintenance,
Puppet Wagon and all the
recreation programs that
take place.
On Monday, May 2, a group
of volunteers from the Ap-
ple Valley Police Depart-
ment painted the entire
building at Delaney Park.
This was a project in dire
need of occurring. With the
Park Maintenance Divi-
sion’s spring scheduling is-
sues this was something
ours crews could not have
City Parks and Recreation
Departments are often a
first job for many teenagers.
Apple Valley offers some
entry level positions like
Pool Attendants along with
more skilled positions Life-
guards and Building Super-
visors. Staff is happy to in-
troduce new employees to
city government and it gives
them a great base for future
Ribbon Cutting for Hayes
Park’s Little Library was held
Tuesday evening, August 9.
The Builders Association of
the Twin Cities partnered
with the St. Paul Area Asso-
ciation of Realtors and Girl
Scout Troop 54092 to bring
this free resource to the
community.
Page 5
First Job and More
Little Library Installed
continued work with the
developer on the comple-
tion of Cobblestone Park
Northwest,
significant progress on
Cortland development
park,
development of a Kelley
Park master plan,
continued work with Da-
kota County develop-
ment along with other
trail development.
accomplished until mid-
summer. We thank them
once again for their excel-
lent effort.
Police Department Volunteers
Responsibilities of the Park
Maintenance Division in-
clude the maintenance, re-
pair and beautification of
675+ acres spread over 50
parks. The business unit
includes 300 acres of weekly
mowing, 105 athletic fields,
53 playground structures, 2
aquatic facilities, park shel-
ters and buildings, hockey
rinks, courts, planting beds,
fountains, walking trails and
numerous other facilities
and qualities.
Park Maintenance Division
Ridge Park East.,
Constructed dugouts on
Hayes Park Field #7,
Graded and established
turf on the new Cortland
development park.,
Playground installed at
the new Cortland devel-
opment park.,
Constructed and installed
new batting cage at Quar-
ry Point Park Field #2,
Constructed and installed
additional canoe rack at
Cobblestone Lake Park.
Installed concrete under
both old and new racks.,
Constructed a new hock-
ey rink at Delaney Park,
Painted building at
Delaney Park,
Painted picnic shelter at
Alimagnet Park,
Painted gazebos at Kelley
Park South and Cobble-
stone Lake parks,
Constructed new main
sign for Johnny Cake
Ridge Park West along
Johnny Cake Ridge Road,
Painted dugouts at Valley
Middle Park,
Worked with two groups
to install memorial trees
and benches at Cobble-
stone Lake and Faith
parks,
Installed new playground
border at Findlay Park,
2016 Highlights
Seal coated and striped
parking lots at Alimagnet,
Farquar, and Hagemeister
parks.,
Striped parking lots at
Diamond Path, Delaney,
and Cedar Knolls parks.,
Coordinated installation
of playground’s new rub-
berized surface at Kelley
Park,
Established turf in the
new south park area of
Cobblestone Lake Park,
Completed the dugout
roof project on the soft-
ball fields at Johnny Cake
Page 6 Park Maintenance Division
Highlights (continued)
Tree Planting - JCRP Field #7
Treated 300 austrian
pines for diplodia in
spring,
Removed 75 diseased
trees from the park sys-
tem,
Constructed new block
staircase at Alimagnet,
Installed foot washing
station at Johnny Cake
Ridge Park East sand
volleyball courts,
Coordinated floor re-
surfacing at the Apple
Valley Community Cen-
ter,
Coordinated with scouts
to plant 24 trees at the
new south Cobblestone
Lake Park area,
Coordinated with scouts
to re-landscape the front
of the Apple Valley Com-
munity Center building,
Renovation of the infield
at Quarry Point Park
Field #2,
Installed windscreen at
the Hayes Park pickleball
courts,
Fabricated new gutter
broom arm assembly for
hockey rink operations,
Coordinated re-roofing
of the Family Aquatic
Center’s concession and
bathhouse buildings.
Through a cooperative effort between the City of Apple Valley’s Park Maintenance
Division and the Eastview Lightning soccer program, six new trees were added to
the north end of Johnny Cake Ridge Park Field #7. Not only is it a welcomed ad-
dition to the park ascetically, these trees will also serve as a barrier to keep balls
“shot on goal” from reaching the nearby street and parking lot.
Page 7
Page 8
Ice Rink Maintenance Log 2015-2016
DATE
HI-
TEMP
LO-
TEMP FI
OTHER WEATHER
FACTORS
MAINTENANCE APPLIED/COMMENTS
ETC.
RINK
CON
12/1/2015 33 26 59 no frost/no building of ice N/A cloudy/warm
12/2/2015 36 25 61 cloudy/warm " N/A
12/3/2015 43 21 64 clearing/warm " N/A
12/4/2015 43 21 64 " "
12/5/2015 42 38 80 "
12/6/2015 39 32 71 "
12/7/2015 44 30 74 "
12/8/2015 42 31 73 "
12/9/2015 46 29 75 "
12/10/2015 45 37 82 "
12/11/2015 39 34 73 " "
12/12/2015 40 34 74 " "
12/13/2015 40 38 78 rain " "
12/14/2015 40 38 78 cloudy " "
12/15/2015 34 31 65 " "
12/16/2015 40 23 63 " "
12/17/2015 29 18 47 colder frost starting form "
12/18/2015 20 9 29 need deep frost and single digits "
12/19/2015 27 7 34 " "
12/20/2015 41 28 59 warm " "
12/21/2015 34 29 63 " "
12/22/2015 35 29 64 "
12/23/2015 35 27 59 rain losing frost if any "
12/24/2015 27 24 51 "
12/25/2015 29 26 55 "
12/26/2015 31 28 59 "
12/27/2015 29 11 40 frost development "
12/28/2015 23 10 33 snow late afternoon start flooding (hayes,gal.,hag.,jcrpw) "
12/29/2015 28 19 47 8' snow in rinks start digging out rinks 4 staff to streets "
12/30/2015 23 12 35 resume flooding, more rink clean out "
12/31/2015 18 5 23 "
1/1/2016 28 10 38 flood from 6 a.m. until 4 pm on 1/3/16
1/2/2016 28 12 40 fair
1/3/2016 27 12 39 open spots on ice sheets fair
1/4/2016 24 7 31 OVERNIGHT FLOOD fair
1/5/2016 31 20 51 routine maintenance fair
1/6/2016 rinks open, north ends at some sights shaky fair
1/7/2016
OUTDOOR ICE RINK USAGE
Season Dates
Avg. Daily
Attendance Total Attendance
2016 Jan 6 - Feb 15 386 15,461
2015 Jan 2 - Mar 1 373 21,646
2014 Dec 14 - Feb 28 321 23,412
Graffiti Log
Page 9
SITE PERSONNEL TOTAL MANHOURS
1 BRIAR OAKS PARK RULE SIGN TIM 1 HRS 03/22/2016 REPLACE
2 CEADAR KNOLLS PLAYGROUND JEFF S 6 HRS 03/24/2016
3 QUARRY POINT TUNNEL+GLASS RICK & CHUCK 4 HRS 03/28/2016
4 COBBLESTONE GAZEBO RICK & MIKE 2 HRS 03/30/2016
5 COBBLESTONE SOUTH PAD MIKE 2 HRS 4/11/2016
6 FINDLAY PARK PLAYGROUND TIM 3 HRS 4/14/2016
7 GREENLEAF SOUTH PG SLIDE TIM 1-1/2 HRS 4/25/2016
8 ALIMAGNET PICNIC SHELTER ED 20 MIN 5/26/2016
9 TEEN CENTER SKATE PARK ED 1 HRS 5/31/2016
10 TEEN CENTER SKATE PARK ED 1 HRS 6/3/2016
11 140th PATHWAY ED 1 HRS 6/10/2016
12 APPLE VALLEY EAST BUILDING ED 2 HRS 6/16/2016
13 TEEN CENTER SKATE PARK ED 1 HRS 6/14/2016
14 GALAXIE PARK BUILDING ED 2 HRS 6/15/2016
15 APPLE VALLEY EAST GARAGE ED 2 HRS 6/15/2016
16 REDWOOD LRG SHELTER ED 30 MIN 6/20/2016
17 ALIMAGNET SHELTER ED 30 MIN 6/20/2016
18 TEEN CENTER SKATE PARK ED 1 HR 6/22/2016
19 HAYES PATH BY PICKLEBALL ED 1 HR 6/27/2016
20 HAYES PATHWAY ED 1 HR 6/27/2016
21 BRIAR OAKS PARK ED 30 MIN 7/1/2016
22 TEEN CENTER SKATE PARK ED 1 HR 7/1/2016
23 GALAXIE BLDG & PARK BENCH ED 1 HR 7/5/2016
24 GALAXIE BLDG SIDING ED 1 HR 7/6/2016
25 REDWOOD LRG SHELTER ED 1 HR 7/11/2016
26 ALIMAGNER PICNIC SHELTER ED 30 MIN 7/21/2016
27 ALIMAGNET PICNIC SHELTER ED 30 MIN 7/25/2016
28 LAC LAVON PICNIC SHELTER JARRET & TYLER 3 HRS 7/31/2016
29 LAC LAVON PICNIC SHELTER ED 1 HR 8/1/2016
30 ALIMAGNET PARKING LOT ED 1 HR 8/2/2016
31 FAITH PARK PATHWAY ED 1 HR 8/2/2016
32 ALIMAGNET PICNIC SHELTER ED 30 MIN 8/16/2016
33 ALIMAGNET PICNIC SHELTER ED 1 HR 10/5/2016
34 REDWOOD BASKETBALL COURT ED 1 HR 10/10/2016
35 NORDIC PARK PATHWAY ED 3 HR 10 /10/2016
36 KELLEY PARK PATHWAY ED 2 HRS 10/13/2016
37 ALIMAGNET PARKING LOT ED 1 HR 10/17/2016
Park Maintenance Snow Removal
Page 10
Adopt-A-Park Program
Page 11
ORGANIZATION LEADER PARK LOCATION
Lessons-I-Love Piano Studio A. Marie Thompson Alimagnet & Nature Trail
A.V. American Legion Auxiliary, Unit 1776 Janet Thompson Apple Grove
Apple Valley Guitar & Piano Academy Laureen Markert Apple Valley East
Herb Jellum Herb Jellum Apple Valley East and Delaney
Zoch Family Justin Zoch Belmont
Catholic Order of Foresters Court 332 Alma Kremer Cedar Knolls
Wings Financial CU Anna Krogman Cobblestone Lake Pathway
South Metro ATV Club Jay Peterson Duchess
Robert Bossardt Robert Bossardt Parks on the Eastern Border
Farquar Park Helpers Jeff Christianson Farquar
Midwest Special Services, Inc. Betsy Koss Farquar
Southcross Community Church Jennifer Largen Fred J. Largen
Wes Gerber Wes Gerber Galaxie
Nelson Family Kerri Nelson Hayes
MOMS Club – Apple Valley North Michelle Doepke Heritage
Uponor, Inc. Alec Nord Johnny Cake Ridge
Shaver Group Connie Shaver Keller
Revolinski and Grove Family Kim Grove Lac Lavon and Longridge
Boy Scout Troop #293 Ben Baker Moeller
Nordic Woods Neighborhood John Santi Nordic
Christus Victor Lutheran Church Pastor Steve Biedermann Palomino
Rotary Club of Apple Valley Greg Higgins Redwood & Kelley
Boy Scout Troop 207 Michelle Markov Scott
Stael Family Tony Stael Sunset
Dickey Family Nancy Dickey Tintah
(River Valley) Project Explore Patty Vance Valley Middle
Hansen Family Bill and Julie Hansen Wallace
The Wild Things of Wildwood Shawnessy Schwartz Wildwood
The Parks and Recreation Department actively seeks community
oriented groups to join the ADOPT-A-PARK program. This pro-
gram fits nicely with groups looking for a community service project.
We require a minimum of three clean up visits to a park in a one-
year period. In return, group names are published in the quarterly
Parks and Recreation brochure. The following groups have volun-
teered to adopt city parks in 2016:
Valleywood Golf Course is
widely recognized as one of
the premier public golf
courses in the Twin Cities
area. Located on 190 acres
of rolling hills with 11
ponds and majestic stands
of trees. Valleywood gives
the feel of a country club at
a daily fee rate.
The multiple sets of tee
markers make it an enjoya-
ble experience for players of
all ages and ability levels.
The 18-hole, par 71 course
can play from 4960 to 6407
yards.
The course history and aeri-
al shots of each hole can be
found on the website.
http://www.ci.apple-valley.mn.us
/index.aspx?NID=243
Valleywood is an ideal loca-
tion for a golf tournament
or outing, from small gath-
erings to large tournaments
hosting up to 144 golfers.
The course provides state of
the art golf carts and profes-
sional golf staff.
Valleywood is home to a
variety of golf leagues;
men’s, ladies, junior, senior
and couple’s leagues, as well
as corporate and others.
Tue., 18 Hole Women’s
Wed., 9 Hole Junior
Wed., Men’s League
Thur., 9 or 18 Hole Seniors
Thur., 9 Hole Women’s
Sat., 18 Hole Men’s Club
Sun., 9 Hole Couples
Valleywood hosted their
second annual Clubs for
Kids golf club giveaway Sat-
urday, May 14th from 9:00
a.m. to 2:00 p.m. A free
custom fit golf club was
provided to all interested
children. Golf professionals
were available on-site for
free instruction on the prac-
tice green and driving range.
Range balls were provided
to all kids in attendance. A
special thank you to those
Valleywood patrons who
donated clubs for re-use
during this program.
Valleywood Golf Course
Clubs for Kids - Club Giveaway
Page 12 Valleywood Golf Course
Valleywood Wins State Amateur Team Championship
Mother’s
Day Event
Accomplishments include
installation of a parking lot
overlay, curbing and lights,
reclamation of the former
clubhouse site by building a
practice green and space for
outdoor events such as wed-
dings, special events, and golf
lesson programs, development
and implementation of a more
comprehensive service staff
training program, clean up
and rebuilding the hillside
adjacent to the 18th fairway to
make it more playable for
golfers and more photogenic
for events.
Valleywood hosted their
second annual Mother’s Day
Buffet on Sunday, May 8.
There were over 200 in at-
tendance at the three seat-
ings with the 10:00 a.m. and
noon seatings completely
sold out. Over 40 different
menu items were offered
and the verbal feedback
from attendees was fantas-
tic.
The MGA Amateur Championship includes a team competition during the first two rounds (MGA
member clubs are represented by three or four golfers, whose low three scores are totaled). This year
Valleywood had a total of 8 participants in the State Amateur Championship held at North Oaks Golf
Club, July 18 – 20. Top finishers were Trent Peterson, tied for 5th; Max Tylke, T9; Ralph Baxley, T18
and Justin Burleson, T33. This is Valleywood’s fourth team championship in the last 8 years. Congrat-
ulations to all of those players who competed in this year’s State Amateur as well as all of the other
players that attempted to qualify.
FUN FACT
Valleywood kitchen sold
842 sandwich wraps in
2016
Page 13
The Apple Valley Sports
Arena is jointly owned with
the Independent School
District 196 and is connect-
ed to the south end of the
Apple Valley High School.
In the fall and winter sea-
sons the arena primarily
serves the skating communi-
ty and High School gym
activities. The Sports Arena
is converted to indoor ten-
nis courts for the spring and
summer seasons.
build a skating surface of
1.25 inches of ice.
Staff floods the rink with
1/8 inch of water to level
the floor, then three layers
of white paint along with
the lines and logos for the
City of Apple Valley, Ap-
ple Valley High School,
and Eastview High School
are added. The rink is then
flooded with water to
Sports Arena
Ice Surface Preparation
marily serve the indoor ice
sports community. Hayes
Park Arena is converted
from ice to turf to host
spring activities and back to
ice in June for summer, fall,
and winter rentals.
The arena hosted ice rentals,
including summer hockey
camp and the Learn to Skate
program.
Dasher boards at Hayes
Park Arena were painted to
cover the puck marks that
accrue over the year. This
process is completed at both
arenas every two years and
really improves the look of
our arenas.
Hayes Park Arena
Hayes Park Arena is located
on city property adjacent to
the Apple Valley Community
Center/Senior Center com-
plex. In the summer, fall, and
winter seasons the arenas pri-
Page 14 Arenas
2016 Accomplishments
Facility Participants Served
The Learn to Skate pro-
gram fall session saw a
20% increase of partici-
pants this year. We attrib-
ute this to having a quali-
ty and consistent staff
and moving our Monday
lessons one hour earlier
from previous years. Staff
is continually evaluating
and adjusting our pro-
gram to better serve our
participants and to in-
crease revenues for the
arenas.
This year the Arenas saw
about 5,800 hours of use
for our ice, turf and ten-
nis courts while continu-
ing to increase revenues
over the prior year.
Arena staff is in the sec-
ond year of running the
concession stand opera-
tions at both Arenas. We
have adjusted our hours
of operation to better
serve our customers while
keeping in mind the need
to maximize our reve-
nues. Through December
2016, the concession
stands have brought in
about $14,000 in gross
revenue.
Staff has been working
on filling the advertising
space available at Hayes
Park Arena. We have six
dasher ads and one back-
lit scoreboard ad to date.
Advertising in the arena
currently will bring in an
additional $4,300 in reve-
nue per year.
In December, staff was
able to purchase and in-
stall new rubber flooring
a the Sports Arena. This
rubber is installed and
removed during the
changeover process from
an ice rink to tennis
courts and back to an ice
rink. The new rubber
Apple Valley and
Eastview High School
boys and girls hockey
teams,
Over 340 Learn-to-
Skate program partici-
pants,
ISD #196 Icettes Fig-
ure Skating Team,
Apple Valley and
Eastview Hockey Asso-
ciations’ practices,
games and tourna-
ments,
Apple Valley High
School gym classes,
Many community fami-
lies for Public Open
Skating,
FUN FACT
Once the Boy’s
High School tennis
season wrapped up
the Sports Arena
again hosted the
VAA Community
Tennis summer
program beginning
June 13th on the
indoor tennis
courts.
Page 15
flooring is made from
recycled rubber and has
interlocking edges to pre-
vent gaps in between the
tiles. The new flooring
has dramatically increased
the functionality and ap-
pearance of the arena and
has been a welcome up-
date for all of the arena’s
visitors. The purchase
was made possible
through savings in our
natural gas budget.
Adult Tennis leagues
and lessons,
Valley Athletic Associa-
tion tennis lessons,
Local Lacrosse and
Soccer associations for
spring indoor turf use.
REVENUE
The Senior Center is a
21,000 square foot facili-
ty that provides spaces
for senior recreation
Monday through Friday
9:00 a.m. to 4:00 p.m.
and public meeting and
events during the even-
ing and weekends.
In the 2015-2016 fiscal
year there were 1,036
members of the Apple
Valley Seniors organiza-
tion. Presently there are
958 members in midst of
the 2016-2017 fiscal
year. Senior program-
ming focuses on educa-
tion, recreation, arts/
crafts, exercise, enter-
tainment, games and day
-trips. Some of the new
programs and activities
that were offered in 2016
include stamping &
scrapbooking, beginner
knitting, a presentation
by the Minnesota Twins
Curator, a pontoon ride
on the St. Croix River, a
bi-partisan led climate
change discussion,
stroke and fall education
and a large craft fair.
1 Member Each
Becker; Brainerd,; Fridley;
Hastings; Hudson, WI; New
Prague; Richfield; Stillwater;
Victoria; Woodbury; AZ,
FL, SD
Total
Membership 963
Apple Valley 583
Burnsville 117
Rosemount 71
Lakeville 69
Eagan 36
Farmington 27
Bloomington 11
Prior Lake 10
Savage 6
Minneapolis 4
St. Paul 3
West St. Paul 3
Mendota Heights 3
Northfield 3
Inver Grove Heights 2
Edina 2
Apple Valley Senior Center
Membership by City
Page 16 Senior Center 9089351,036963800
850
900
950
1,000
1,050
2013-2014 2014-2015 2015-2016 2016-2017
Senior Membership
Senior Center Activities
EDUCATION
Driver’s Improvement
Class
Minnesota Law Project
Insurance Counseling
Dizzy & Balance
Presentation
Climate Change Discus-
sion
Discover (Science)
Group
Stroke & Fall Preven-
tion Education
Honoring Choices
Joy Bauer Healthy Eat-
ing
Diabetic Shoe Clinic
Spanish
First Edition Book Club
Computer 101
Hearing Loss Preven-
tion
TRIAD program
Cremation Presentation
Minnesota Twins Cura-
tor
Health Insurance Coun-
seling
Better Business Bureau
Presentation
Coffee With the Cops
Postal Inspector
Presentation
Blood Pressure Screen-
ings
CPR
FITNESS & ACTIVE
Yoga
Zumba Gold
Zumba Gold Toning
Tai Chi
Morning Stretch
Water Walking
Lap Swimming
Fun Folks on Spokes
Bike Club
Tuesday Bike Group
Tap Dancing
Line Dancing
G o l f L e s s o n s -
Valleywood Golf
Course
Pickleball Lessons
Segway Tours
ARTS & CRAFTS
Painting group and les-
sons
Quilting Bees
Crocheting
Hardanger
Recreated Cards
Coloring Group
Knitting
Happy Stitchers
Gather Around Music
Mid-Winter Fest Logo
Design Contest
VOLUNTEER & SER-
VICE
Military Packaging
Feed My Starving Chil-
dren
Back to School Supply
Drive w/Westview Ele-
mentary
Westview School Carni-
val
Mitten Tree
Toys for Tots
Donated Bread Pro-
gram
MDC Card Sales
Page 17
SOCIAL GATHERINGS
Monthly Catered
L u n c h e s w /
Entertainment
Men’s & Women’s
Breakfasts
IMAX Movie Senior
Days
TRIPS & TOURS
Area Senior Housing
Tours
St. Paul Saints Game
Austin MN
Daytrippers Theater
Plymouth Playhouse
Lake Pepin Cruise
MPLS Pops Orchestra
Fishing w/Let’s Go
Fishing
Pontoon Ride on St.
Croix
Holz Farm Park
Lakewood Cemetery
Tour
SPECIAL EVENTS
Holiday Party
Veteran’s Day
2016 Accomplishments in-
clude:
Completed Apple Val-
ley Community Center
improvements – they
include new ceiling tiles,
painting of several are-
as, lobby lighting up-
grades, scoreboard up-
grades and removal of
outdated equipment.
The Apple Valley Com-
munity Center “game
room” was repurposed
and renamed as Meeting
Room to be used for
programming and rental
space.
Improved adult league
offerings by incorporat-
ing end of season
playoffs in summer
softball and adding an
additional night of Rec-
reational kickball.
Increased outdoor field
rental revenue by
$17,600.
Set a new record for
attendance at the Apple
Valley Family Aquatic
Center.
Hagemeister 156
Farquar 161
Hayes 315
Wildwood 628
Huntington 138
Briar Oaks 127
Cedar Isle 717
Redwood 312
Tintah 215
Faith 276
Recreation Programs
Playground Participation by Park Location
Playground Program
The Apple Valley Parks and
Recreation Department has
a FREE summer program
for children 6-11 years old.
Programs are held at multi-
ple parks, four days a week
for seven weeks during the
summer. We have approxi-
mately one field trip
planned each week in addi-
tion to several summer
camps.
Page 18 Recreation 2,703
3,257 3,158 3,045
0
500
1,000
1,500
2,000
2,500
3,000
3,500
2013 2014 2015 2016
Playground Participants
PROGRAM PARTICIPATION
2014 2015 2016
Adaptive Programs 89 89 54
Adult Programs 80 63 90
Aquatics Programs 349 291 281
Family Programs 189 166 273
Preschool Program Fun
Puppet Wagon
The Parks and Recreation Department offers one-day
preschool age programs, as well as multiple day ses-
sions. Classes are offered weekdays and weekends,
mornings, afternoons and evenings.
We have an excellent working-relationship with ISD
#196 Community Education, working together to
maximize resources and participation. Working togeth-
er to offer classes to residents enables each Depart-
ment to register participants, thus increasing enroll-
ment. Some programs are offered at the Apple Valley
Community Center and some at school facilities
Over 4,500 viewers came out to enjoy summer fun with the Apple Valley mobile puppet theater. Staff created
and performed a new show each week June 20 through August 12, 2016. Weather permitting, the shows were
performed Monday through Friday at 28 different park sites during the eight-week period.
Page 19
Year Total of Shows Total Attendance Average per show
1988 *comparison 174 8,155 46.9
2012 190 4,581 24.11
2013 204 4,656 22.82
2014 208 4,768 22.92
2015 209 5,069 24.25
2016 196 4,607 23.51
Winter Frozen Apple Concert Series
Target Center / Xcel Energy Center Tickets
Summer Music in Kelley Park Concert Series
The 2016 Winter concert series kicked
off January 16 with a Latin/rhythm and
blues performance by the David Gonza-
lez Band.
January 16 David Gonzalez Band
February 6 Michael Monroe
March 12 Patty Peterson & Friends
Shows ran from 6:00 p.m. to 9:00 p.m.
and admission was free. Food and bev-
erages were available for purchase.
Drawings for prizes donated by local
merchants were held each night.
June 3 Five Speed (rained out)
June 10 Circle of Heat
June 17 Matt Marka
June 24 Riverside Entertainment
July 8 Patty Peterson & Friends
July 15 Michael Monroe
July 22 Pho
July 29 David Gonzalez
August 5 Steve Sullivan
August 12 MacPhail, featuring J.D. Steele
Page 20
The Recreation Division
continues to offer discount-
ed tickets for many different
events at both venues, al-
lowing residents to pay for
their tickets on our registra-
tion website, and then pick
them up prior to the event
at the AVCC. The ticket
prices are discounted, and
have none of the additional
handling & facility fees .
In 2016, we sold 237 tickets
(199 in 2015) to our resi-
dents, for twelve different
events including: Harlem
Globetrotters, two separate
Disney on Ice performanc-
es, Stars on Ice, World’s
Toughest Rodeo, US Figure
Skating, Tour of Gymnastics
Champions, Marvel Uni-
verse, Sesame Street Live,
Andre Boccelli, Cirque du
Soleil, Jeff Dunham, and the
Michael W. Smith & Amy
Grant Christmas Concert .
The annual Mid-Winter
Celebration was held the
weekend of February 6. It
included the ever popular
medallion hunt, pickleball
& volleyball tournaments,
concessions by Carbone’s
& lunch with Klondike,
outdoor skating, a bonfire
& s’mores, horse-drawn
wagon rides, AVHA vs
EVHA mites hockey jam-
boree, open youth soccer,
scouting Adventure Zone,
a DJ in the gym, a cribbage
tournament, inflatable
jump-
e r s ,
many entertainers & com-
munity booths, face paint-
ers, and a performance by
the Teddy Bear Band.
Mid-Winter Fest
Food Shelf Donations Collected
Kickball Team Champions
Page 21
“Questar”
Ice Carving
Freedom Days
Freedom Days celebration kicked off
June 27 with the Jurnior Golf Classic
at Valleywood Golf Course. Other
events during the weeklong event
included a fishing derby, free concert,
carnival, classic car and motorcycle
show, and family fun night.. The
celebration concluded July 4 with a
parade at 1:00 p.m. and an exciting
fireworks show at 10:00 p.m.
Page 22
Freedom Days
The Faces of 2016 Freedom Days
On July 4th, the Freedom
Days Fun Run events and
activities took place in
Hayes Park. All ages were
invited to run in our 2-mile
and 5-mile races. 227 run-
ners registered for the 2-
mile run, and 203 regis-
tered for the 5-mile run.
175 runners purchased
Fun Run T-Shirts. LeeAnn
Chin restaurant donated
twenty cases of water for
the runners. 111 runners
participated in the FREE
½ Pint ½ Mile race for
youth 10 years and under,
setting a new record!
Page 23
0
100
200
300
400
500
600
700
2014 2015 2016
252 202 227
259
211 203
101
108 111
1/2 pint
5 mile
2 mile
A wide variety of adult league opportunities are
provided to Apple Valley residents as well as non-
residents. Apple Valley Community Center hosts
volleyball, basketball, and wiffleball leagues and
Johnny Cake Ridge Park is an excellent site for
the softball, kickball, and summer sand volleyball
leagues.
Adult Recreational Athletic Leagues
Mid-Winter Fest Tourna-
ments:
As part of the 2016 Mid-
Winter Fest, staff also pro-
moted and ran a Women’s
and Co-Rec Adult Volley-
ball tournament and a Co-
rec snow Kickball tourna-
ment. A total of 41 Wom-
en’s and Co-Rec volleyball
teams participated in this
event. The tournament not
only generated a $800.00
profit, we also donated 895
pounds of food to a local
food shelf. We also had five
Co-rec Kickball teams com-
pete in the snow Kickball
tournament. Between the
two tournaments over 400
adults participated in these
two Mid-Winter Fest events.
Park Attendants
Four seasonal park attend-
ants supervise Johnny Cake
Ridge Park and Kelley Parks
during the summer season.
Their job is to greet park
guests, answer questions,
provide directions, clean up
parks, operate the ball field
lights, handle any on site
issues with the adult league
programs and assist at Kel-
ley Park for the concert-in-
the-park series.
Adult Open Gym Volley-
ball:
Adult Open Gym Volleyball
served over 8,060 individu-
als in its Monday, Saturday
and Sunday programs.
Three additional holiday
“special” open gyms were
also made available on nor-
mal nights that leagues
would generally be held but
were not, due to a holiday
weekend or non school day,
i.e. over MEA weekend and
around other major holi-
days.
Page 24
“CFMA”
Staff Liaison
The Adult Athletic Supervi-
sor also works closely with
the Recreation Superinten-
dent who serves as staff
liaisons to the Apple Valley
and Eastview Youth Athlet-
ic Associations. Those two
athletic associations serve
over 12,000 youth repre-
senting twelve separate
sports for each association.
$201,325 $208,658 $206,585
$122,588 $123,794 $124,701
$100,000
$150,000
$200,000
2014 2015 2016
Revenue
Expenditure
Participants 2,8983,180396330813,0782,950414350812,9522,920270230700
500
1,000
1,500
2,000
2,500
3,000
3,500
2014
2015
2016
Participants
League Highlights
Other Field Usage
While many/most Minneso-
ta communities have lost
adult softball teams over the
past several years, the City
of Apple Valley has main-
tained a steady number of
teams. In 2016 the City
held at 164 teams and added
end-of-season playoffs cre-
ated an excitement that
hopefully will bring teams
back for future years. Be-
tween the summer leagues,
summer league playoffs, and
the fall leagues a total of
1,841 games were played
over a 23-week season, six
nights per week at Johnny
Cake Ridge Park. In addi-
tion to those adult games,
217 youth athletic weekend
tournament games were
held on the athletic com-
plex’s five fields. That’s
over 2,000 games played at
Johnny Cake Ridge Park
East. The park maintenance
staff does an excellent job
of maintaining the fields at a
high level of playability.
The amount of “play” on
these fields is incredible.
The youth athletic associa-
tions are not charged for
regular league play and prac-
tices and are charged only a
portion of the cost to main-
tain the fields for weekend
tournaments.
In addition to youth athletic
association use of the fields,
it was a record year in added
rentals. These rentals are
only taken after all City,
School, and Youth Associa-
tion requests have been ful-
filled. In 2016, 32 addition-
al youth and adult groups
were served. These rentals
ranged from one-time uses by
local Apple Valley businesses
and churches to for-profit
organizations that ranged
from one hour to full day
tournaments. A total of 218
added reservations were tak-
en, generating $28,540 in
revenue.
Page 25
In 2016, Valley Athletic As-
sociation and Eastview Ath-
letic Association hosted a
total of 28 separate outdoor
tournaments representing
78 different age brackets
and ability levels for both
boys and girls ages 9-18.
With tournaments hosted in
soccer, lacrosse, baseball,
and softball, a total of 404
city fields were used on the
weekends from May
through September. These
same fields were also used
by Apple Valley and
Eastview high schools for
games and practices, adult
league play, and various
field rentals.
Over 15,000 adults
participated in the
Adult League and Adult
Volleyball Open Gym
programs during 2016 1613182233917129523359164292152370
50
100
150
200
250
300
350
2014
2015
2016
TEAMSTeams
The Apple Valley Family
Aquatic Center season typi-
cally runs from early June to
late August. The Center
includes inner tubes, drop
and body slides, zero depth
entries and a diving board.
The lazy river offers a more
relaxed experience where
participants can drift along
with the current. There are
plenty of grass and sand
areas to enjoy the summer
sunshine. Outside food is
allowed (no glass or alco-
hol), or visitors can pur-
chase from the well stocked
snack bar.
Groups are welcome during
daily business hours. Exclu-
sive use rentals are available
evenings and weekends after
regular pool hours. The
Aquatic Center capacity is
1900.
Water Walking and Lap
Swimming sessions were
offered daily throughout the
season.
Apple Valley Family Aquatic Center
Page 26 64,51369,51262,43865,06064,51364,66871,61473,18455,000
60,000
65,000
70,000
75,000
2009 2010 2011 2012 2013 2014 2015 2016
Front Gate Attendance
116
116
100
130
146
0 50 100 150 200
2012
2013
2014
2015
2016
Visitor Groups
3,9843,9753,1284,3684,9420
1,000
2,000
3,000
4,000
5,000
6,000
2012 2013 2014 2015 2016
Water Walkers/Lap Swimmers
The pool varies in depth from
3 to 12 feet and is equipped
with a diving board and climb-
ing wall.
After-hours rental groups of
the pool facility include such
groups as sports teams, birth-
day parties, and scout troops.
These are always staffed by a
manager and lifeguards.
Redwood Outdoor Pool
Page 27 6,5225,4555,4307,3037,2450
2,000
4,000
6,000
8,000
2012 2013 2014 2015 2016
Outdoor Pool
Attendance
2100138011609806600
500
1000
1500
2000
2500
2012 2013 2014 2015 2016
Punch Cards Sold
3673373973183120
100
200
300
400
500
2012 2013 2014 2015 2016
Swim Lesson Participation
Redwood Outdoor Pool
hosts daily Open Swim
hours early June to early
September. Pool capacity is
300. The facility is known
as a teaching facility. Public
swimming lessons are of-
fered to more than 300 par-
ticipants each year.
City of Apple Valley
7100 - 147th Street West
Apple Valley, MN 55124
We’re on the Web!
www.cityofapplevalley.org
Phone: 952-953-2300
Fax: 952-953-2306
E-mail: parks@cityofapplevalley.org
Parks & Recreation
I T E M: 4.D.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving R evisions to Cemetery R egulations
S taff Contact:
Michael Glewwe, Public Works Superintendent - C emetery
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Adopt resolution approving revisions to cemetery regulations.
S UM M ARY:
Attached for your consideration is a resolution approving minor revisions to Lebanon
Cemetery Regulations. T he Cemetery A dvisory C ommittee routinely reviews the current
regulations in relation to ongoing operational issues for Lebanon C emetery. T he C ommittee
recommended the following changes to the cemetery regulations at their meeting on April 18,
2017.
1. Page 4: Section II. Interment G. Revision needed to change “the” to “one”, clarifying
that only one vault will be allowed in a single cremation lot.
2. Page 5: Section II. Interment I. Revision aligns hours of interment with C entral
Maintenance Facility business hours, and defines when Overtime Fees and
Weekend/Holiday Fees would apply.
3. Page 6: Section III. Monuments and Markers. A11. Additional language to clarify that
one marker centered on multiple lots is considered the only permitted marker for each
Cremation Grave Lot it rests on. T he only exception is a foot marker from the U.S.
Department of Veteran's Affairs.
A copy of the regulations (Exhibit A) containing the proposed changes is attached.
Recommended additions are represented with an underline (underline) and subtractions are
represented with a strikethrough (strikethrough).
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:
R esolution
Exhibit
CITY OF APPLE VALLEY
RESOLUTION NO. 2017 -
A RESOLUTION APPROVING REVISED CEMETERY
POLICIES, RULES, AND REGULATIONS
WHEREAS, it is in the best interest of the City of Apple Valley and the residents thereof
to maintain policies, rules, and regulations concerning the day-to-day operation and management
of the City's Cemetery; and
WHEREAS, the Cemetery Advisory Committee has reviewed the current cemetery
regulations and recommends revisions as described in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the revised Cemetery Regulations attached hereto as
Exhibit "A" are hereby approved.
ADOPTED this 11th day of May, 2017.
________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_______________________________________
Pamela J. Gackstetter, City Clerk
1
Resolution No. 2017-______
CEMETERY REGULATIONS
CITY OF APPLE VALLEY
I. Definitions
Authorized Person: The person or persons legally entitled to control the human remains
or Cremains provided under Minnesota Statutes Section 149A.80.
Cemetery: The entire land area owned by the City of Apple Valley for cemetery
purposes located at the southeast corner of County Road 42 and Pilot Knob Road.
Cemetery Hours: The Cemetery shall be open from dawn (one half hour before sunrise)
to dusk (one half hour after sunset).
Cemetery Supervisor: The City employee designated by the Public Works Director to
oversee the maintenance and operations of the Cemetery.
City: The municipal government of Apple Valley, Minnesota.
Columbarium (Columbaria): An above-ground structure with recesses designed for the
purpose of interring the Cremains of the deceased.
Columbarium Niche(s): An individual recess within a Columbarium, either single or
double, designated to contain Cremains of the deceased within a cremation urn or
container.
Columbarium Single Niche(s): An individual recess within a Columbarium designated
to contain the Cremains of one (1) deceased within a single cremation urn or container.
Columbarium Double Niche(s): An individual recess within a Columbarium designated
to contain the Cremains of two (2) deceased within two (2) cremation urns or containers.
Columbarium Niche Front: The granite piece covering the Columbarium Niche.
Columbarium Niche Name Plaque: The plaque placed on the Columbarium Niche
Front inscribed or embossed with the name of the deceased and other pertinent
information.
Columbarium Vase: A three-inch bronze vase designed to contain a small arrangement
of silk flowers. The vase is attached to the Columbarium Niche Front.
Cremains: The ashes of a cremated human body.
2
Cremation Grave Lot(s): A designated parcel within the Cemetery three (3) feet, six
(6) inches wide by three (3) feet, six (6) inches long for purpose of containing the
Cremains of the deceased.
(moved to Outer Cremation Burial Container)
Cremation Boulder: A large piece of granite or other suitable material with receptacles
designed for the purpose of interring the Cremains of the deceased.
Cremation Boulder Single Receptacle: A Cremation Boulder with one receptacle
designed to contain the Cremains of one (1) deceased.
Cremation Boulder Double Receptacle: A Cremation Boulder with two receptacles
designed to contain the Cremains of two (2) deceased.
Cremation Boulder Scrolls: The curved bronze pieces placed on the top of a Cremation
Boulder cover inscribed or embossed with the name of the deceased and other pertinent
information.
Disinter/Disinterment: To exhume the remains of the deceased.
Expanded Cemetery: The land area purchased by the City of Apple Valley after 1997
for cemetery expansion.
Grave Lot(s): A designated parcel, either traditional or cremation, within the Cemetery
for purposes of containing the remains of the deceased.
Head End: The end of the Grave Lot which is designated for the placement of Markers
and Monuments.
Inter/Interment: To bury the remains of the deceased.
Marker(s): A flat stone or other suitable material set at grade level and inscribed with
the name of deceased and other pertinent information.
Marker Row(s): Rows containing Traditional or Cremation Grave Lots whereby
privileges are granted to memorialize the burial with the installation of a Marker(s).
Memorial Bench: A granite bench placed in a feature or common area of the cemetery,
or on a Grave Lot in an area dedicated for a bench where no burials have nor will take
place.
Monument(s): A vertical stone or other suitable material set above grade level and
inscribed with name of deceased or family name and other pertinent information.
Monument Row(s): Rows containing Traditional or Cremation Grave Lots whereby
privileges are granted to memorialize the burial(s) with the installation of a Monument
3
provided two (2) or more Traditional or Cremation Grave Lots are purchased adjacent to
each other.
Original Cemetery: The land occupied by the Lebanon Cemetery of Apple Valley prior
to 1998.
Outer Cremation Burial Container: A container made of concrete, or other suitable
material as approved by the Cemetery Supervisor or Designee, for the purpose of
containing an urn or cremation container.
Outer Traditional Burial Container: A concrete burial vault or concrete grave liner
(box), for the purpose of containing a casket.
Permitted Plant Stand(s) or Plant Stand(s): A single stake with a pot or pot holder at
the top of the stake. Maximum height of a Plant Stand is four (4) feet and maximum
diameter of the pot is twelve (12) inches.
Required Fees: Applicable fees associated with a Lot/Niche/Boulder purchase,
Monument Privilege, Interment/Opening, Monument or Marker Locating, Columbarium
Niche Name Plaque, Cremation Boulder Scrolls, Overtime, Weekend/Holiday, Cremation
Vault, Right of Second Burial, and Administrative Transfer.
Traditional Grave Lot(s): A designated parcel within the Cemetery three (3) feet, six
(6) inches wide by ten (10) feet long, or greater, for purposes of containing the remains of
the deceased.
II. Interment
A. No Interment shall be made in the Cemetery except upon approval by the
Cemetery Supervisor or Designee. Notice should be given a minimum of 24
hours prior to the time of the intended Interment.
B. No Grave Lot, Columbarium Niche, or Cremation Boulder shall be opened nor
Interment made until all Required Fees have been paid. Cash and valid check are
the only accepted forms of payment.
C. All funerals shall be under the direction of the Cemetery Supervisor or Designee
upon entering the Cemetery.
D. No casket except for cherubs shall be interred unless enclosed in a concrete burial
vault or concrete grave liner (box). No urn shall be interred unless enclosed in an
Outer Cremation Burial Container.
E. Grave Lots shall not be subdivided for purposes of sale. The City may allow
subdivision of Traditional Grave Lots if the City determines at its sole discretion
that subdivision is feasible. If a lot is subdivided, a Right of Subsequent (Second
4
Burial, Third Burial, etc.) fee is applied. Traditional Grave Lots may contain a
maximum of three (3) burials. Two (2) cremains may be interred at the same time
in each allowed burial, and a Right of Subsequent Burial fee applies. Vertical
stacking of caskets is prohibited. If more than one burial is made in a single
Traditional Grave Lot, the first burial shall be at the Head End of the Traditional
Grave Lot. The following combinations are permitted in any given Traditional
Grave Lot. Other combinations may be permitted if approved by the Cemetery
Supervisor or Designee and if Required Fees are paid.
1) One adult outer burial container
2) One adult outer burial container and up to two infant cherubs
3) One adult outer burial container and up to two outer cremation burial
containers
4) Up to two child outer burial containers
5) One child outer burial container and up to two infant cherubs
6) One child outer burial container and up to two outer cremation burial
containers
7) One child outer burial container, one infant cherub, and one outer
cremation burial container
8) Up to three infant cherubs
9) One infant cherub and up to two outer cremation burial containers
10) Up to three outer cremation burial containers
F. Classifications of outer burial container sizes which affect combinations allowed
in a Traditional Grave Lot:
1) Adult outer burial container- over four (4) feet in length
2) Child outer burial container- two (2) feet, one (1) inch to four (4) feet in
length
3) Infant cherub - two (2) feet and under in length
4) Urn outer burial container– 24 inches wide and 24 inches long and under
G. Two cremains may be allowed in a single Cremation Grave Lot. A Right of
Subsequent Burial fee applies. Cremains shall be in containers small enough such
that both fit in onethe outer cremation burial container. The interior of the outer
cremation burial container which may be purchased from the City measures 12.5
inches wide, 8.25 inches deep, and 12 inches high. Interment of the two cremains
in a Cremation Grave Lot shall be done at the same time to allow for sealing of
the outer burial container. Interment of two cremains in a Columbarium Single
Niche is allowed if the cremains are interred at the same time, the cremains fit
inside the niche, and the right to a subsequent burial fee is applied.
H. The Cemetery Supervisor or Designee may require that planks or plywood be
placed over grass or paths when Grave Lots are being opened or closed, when
outer burial containers are installed, or when Monuments are erected.
5
I. Interments shall take place between 87:00 a.m. and 43:30 p.m., Monday through
Friday regular business days. Later burials are possible with the approval of the
Cemetery Supervisor or Designee. Burials after 43:30 p.m. will be charged the
Overtime Fee. Internments that take place on a Saturday, Sunday or City
observed holiday will be charged the Weekend/Holiday Fee. The City reserves
the right to limit the number of burials performed on a single day.
J. Burial services may be held at the Grave Lot site. Serving of food or beverage in
the Cemetery is prohibited.
K. The City does not provide and is not responsible for temporary storage of caskets
or urns.
L. The City is not responsible for unauthorized Cremains deposited on the Cemetery.
M. Occupied Grave Lots, Columbarium Niches, and Cremation Boulders must be
marked by a Monument, Marker, Columbarium Niche Name Plaque, or
Cremation Boulder Scroll within one year after Interment. No Grave Lot,
Columbarium Niche, or Cremation Boulder shall be marked until all Required
Fees have been paid. Cash and valid check are the only accepted forms of
payment.
N. Lots reclaimed from areas within the Original Cemetery shall be used as deemed
appropriate at the sole discretion of the City.
O No more than four (4) bouquets or sprays are permitted to remain on a Grave Lot
following a burial.
P Burial Transfers.
1) Parties requesting burial transfers within the Cemetery will incur the costs
in accordance with the Fee Schedule Appendix of Title III of the City
Code; as well as the financial responsibilities associated with the transfer
of the outer burial container and all other associated or related costs. All
requests are subject to the approval of the Cemetery Supervisor or
Designee.
III. Monuments and Markers
A. Markers.
1) Markers are permitted in the Cemetery subject to cemetery regulation.
2) Nonconforming Markers in place prior to March 8, 2001, may remain.
6
3) The City is not responsible for the purchase, installation, maintenance, or
replacement of any Marker.
4) A drawing of the Marker shall be submitted to the City prior to fabrication
for review of material and dimension standards as specified in these
regulations. The drawing shall show the width and depth of the Marker;
width and depth of the concrete border; and the proposed material, finish,
lettering, and carving design to be placed on the Marker.
5) No Marker or any part thereof may be constructed of wood, limestone,
sandstone, or any other material which is not approved by the Cemetery
Supervisor or Designee.
6) Installation of the Marker shall be performed by the Marker manufacturer
or manufacturer's agent. All Markers shall be placed as directed by the
Cemetery Supervisor or Designee.
7) The top of the Marker shall be set level with the grade.
8) A concrete border four (4) inches wide and four (4) inches thick is
required around all Markers. On Cremation Grave Lots measuring forty-
two (42) inches, the Marker’s concrete border shall not exceed twenty (20)
inches in depth.
9) Markers, including the concrete border, shall not exceed eighty (80)
percent of the purchased lot width.
10) A maximum of three (3) Markers is allowed on a single Traditional Grave
Lot.
11) A maximum of one (1) Marker is allowed on a single Cremation Grave
Lot. A marker centered on multiple Cremation Grave Lots is considered
the only permitted marker for each lot it rests on. The only exception is a
foot marker from the U.S. Department of Veteran’s Affairs, and the size
cannot exceed 8 ½ inches long, 5 ½ inches wide, with a 7/16 rise and a 1
½ inch wash or concrete border.
12) Markers may be placed prior to the burial of the deceased.
13) The burden of keeping the Marker in a safe and proper state of repair shall
be on the Lot Owner, the heirs or assigns.
B. Monuments.
1) Monuments are permitted in the Cemetery subject to cemetery regulation.
7
2) Nonconforming Monuments in place prior to the City of Apple Valley
taking ownership of the cemetery may remain.
3) The City is not responsible for the purchase, installation, maintenance, or
replacement of Monuments.
4) A drawing of the Monument shall be submitted to the City prior to
fabrication for review of material and dimension standards as specified in
these regulations. The drawing shall show the width, depth, and height of
the Monument and base; width and depth of the concrete foundation; and
the proposed material, finish, lettering, and carving design to be placed on
the Monument.
5) No Monument or any part thereof may be constructed of wood, limestone,
sandstone, or any other material which is not approved by the Cemetery
Supervisor or Designee.
6) Installation of the Monument shall be performed by the Monument
manufacturer or manufacturer's agent. All Monuments shall be placed as
directed by the Cemetery Supervisor or Designee.
7) So far as is practicable, a Monument shall be placed so as to allow and
facilitate the use of mechanical cleaning and mowing equipment.
8) Each Monument shall be placed on a concrete foundation which will be a
minimum thickness of four (4) inches; the top of the foundation shall be
set level with the grade; the base of the Monument shall be a minimum of
four (4) inches from the edge of the concrete foundation.
9) No Monument shall be placed on less than two (2) Grave Lots. The
maximum monument size allowed is eighty (80) percent of the purchased
lot width, or six (6) feet eight (8) inches, whichever is less, including
concrete border; and two (2) feet in depth (twenty (20) inches on
Cremation Grave Lots), including concrete border; unless otherwise
approved by the Cemetery Supervisor or Designee.
10) Monuments in the Expanded Cemetery are only permitted in designated
Monument Row(s).
11) Monuments may be placed prior to the burial of the deceased.
12) The burden of keeping the Monument in a safe and proper state of repair
shall be on the Lot Owner, the heirs or assigns.
IV. Benches
8
A. Benches placed in the Monument space of a Grave Lot in lieu of a
traditional Monument will be subject to all of the rules and regulations regarding
Monuments.
B. Before a Memorial Bench may be placed in a feature or common area of the
Cemetery, the absolute ownership and control of the Memorial Bench being
placed on a feature or common area must pass to the City. The Cemetery
Supervisor or Designee shall determine the need, style, size, color, location, and
orientation of placement.
C. The family name and first name(s) along with a relationship word as well as “In
Memory of…” or “In Loving Memory of…” may be inscribed on any Memorial
Bench that has been approved.
D. Additional names, dates, epitaphs, engravings, emblems, etchings, carvings, or
reproductions of photographs will not be permitted without the written approval
of the Cemetery Supervisor or Designee.
V. Potted Plants and Decorations
A. Potted Plants.
1) All plants must be contained in Permitted Plant Stands.
2) Hanging plants (e.g., shepherd’s hooks) and glass containers are
prohibited.
3) One Plant Stand is permitted per Grave Lot or Cremation Boulder. One
Columbarium Vase is permitted per Columbarium Niche.
4) The location of a Permitted Plant Stand on a grave may be altered by the
Cemetery Supervisor or Designee.
5) The City is not responsible for maintenance and care of plants, Plant
Stands, and Columbarium Vases. The City is not responsible for stolen
plants, Permitted Plant Stands, and Columbarium Vases. The City
reserves the right to remove Plant Stands which become unsightly or
dangerous on the Grave Lot in which they are situated or to any other
Grave Lot, path, or roadway. Plant Stands that are vacant for more than
one year are subject to removal.
6) The City reserves the right to remove plants which interfere with routine
maintenance of the Cemetery or which become unsightly, overgrown,
dangerous, or diseased on the Grave Lot in which they are situated or to
any other Grave Lot, path, or roadway.
9
B. Decorations.
1) Wreaths are allowed from November through February.
2) Permanent flags must be mounted in flag holders.
3) Vases or containers integrated into a Monument or Marker may be
allowed subject to approval by the Cemetery Supervisor or Designee.
4) Cut flowers must be contained in a Permitted Plant Stand or an approved
vase.
5) All objects not described above (including balloons, banners, food and
beverages, knick-knacks, solar lights and lanterns, stuffed animals, wind
chimes, windmills, windsocks, and statuary not incorporated into the
monument) are prohibited and subject to immediate removal.
6) No item may be attached to the Monument or Marker, or Cremation
Boulder.
7) Enclosures such as fences and coping are prohibited and subject to
immediate removal.
8) The City reserves the right to remove any object which interferes with
routine maintenance of the Cemetery or which is unsightly, overgrown, or
dangerous on the Grave Lot in which it is situated or to any other Grave
Lot, path, or roadway. All unauthorized objects are subject to immediate
removal.
C. Columbaria
1) All flowers must be contained in a permitted Columbarium Vase. No
other item may be attached to Columbaria, the Columbarium Niche Name
Plaque, or the Columbarium Vase, or placed on or in the ground by the
Columbaria.
2) Each Columbarium Niche may have one Columbarium Vase. Only
Columbarium Vases purchased from the City and installed by Cemetery
staff are permitted. The Columbarium Vase will be installed in the lower
left of the Columbarium Niche Front.
3) The arrangement placed in the Columbarium Vase may not extend over
any part of another Columbarium Niche Front.
4) All arrangements placed in Columbarium Vases need to be colorfast or
treated with a waterproof sealant.
10
5) Purchase of a replacement Columbarium Vase, if desired, is the
responsibility of the purchaser.
D. Permanent Plantings and Trees.
1) Permanent plantings and trees are not permitted within the Cemetery
except those authorized in writing by the Cemetery Supervisor or
Designee.
2) The Cemetery Supervisor or Designee shall select appropriate locations
for and quantities of authorized plantings and trees. A list of approved
species of trees shall be maintained by the Cemetery Supervisor or
Designee.
3) The City may refuse to sell a Grave Lot adjacent to a Grave Lot or
pathway containing a tree if the City determines excavating a grave on the
lot is detrimental to the tree.
4) The City reserves the right to prohibit plantings or trees on a Grave Lot if
the City determines it will interfere with routine maintenance of the
Cemetery or will adversely affect an adjoining Grave Lot, path, or
roadway.
5) The City reserves the right to remove any planting or tree which interferes
with routine maintenance of the Cemetery or which is unsightly,
overgrown, dangerous, or diseased on the Grave Lot in which it is situated
or to any other Grave Lot, path, or roadway. All unauthorized plantings
and trees are subject to immediate removal.
VI. Disinterment
A. No Objection to Disinterment.
The City shall not disinter human remains or Cremains without written
authorization of the Authorized Person(s) and a permit issued by the Minnesota
State Registrar or a licensed mortician.
B. Objections to Disinterment.
In the event that a requested disinterment is opposed, the City shall not disinter
human remains or Cremains without written authorization of the Authorized
Person(s), together with a permit issued by the Minnesota State Registrar or
11
licensed mortician and a certified copy of the court order specifically ordering the
disinterment.
C. Exception; Movement within the Cemetery.
The City may disinter and reinter the human remains or Cremains within the
Cemetery upon receipt of the written and notarized authorization of the
Authorized Person(s) or by court order.
VII. General
A. The City reserves the right to correct all errors and defects.
B. Scheduled clean-ups shall occur on or about the first day of each month from
March to November and as determined necessary by the Cemetery Supervisor or
Designee. At these scheduled clean-ups, flowers and plants that have died will be
disposed. Items which may have value will be retained for thirty (30) days.
Following a thirty (30) day holding period, these items will be disposed. The City
is not responsible for the return of any removed object, decoration, plant, or
container.
C. All work in the Cemetery is subject to the direction and control of the Cemetery
Supervisor or Designee. Contractors and others engaged in such work must
notify and obtain approval from the Cemetery Supervisor or Designee before
beginning the same.
D. Persons engaged in placing a Marker or erecting a Monument or other structure
upon a Grave Lot are prohibited from attaching ropes or cables to trees or other
objects in the Cemetery and are prohibited from placing material on adjoining
Grave Lots or allowing the same to remain on the ground longer than is
necessary. Persons engaged in such work must complete the work in a timely
fashion after it has been commenced. In order to protect paths and grass from
injury, the Cemetery Supervisor or Designee may require planks or plywood be
placed over them when heavy material is to be moved.
E. Animals are prohibited on Cemetery grounds, except for service animals, unless
approved by the Cemetery Supervisor or Designee.
FILE: CEMETERY/ORD_POLICY_REG/RES 2014 REGULATIONS
I T E M: 4.E .
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Approving Participation in Minnesota Association of Cemeteries A dvertising
Campaign
S taff Contact:
Michael Glewwe, Public Works Superintendent - C emetery
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Adopt resolution approving participation in the Minnesota A ssociation of Cemeteries
advertising campaign in the amount of $255.00.
S UM M ARY:
T he Minnesota Association of Cemeteries (MA C) is embarking on a state wide advertising
campaign to educate individuals and families on the importance of cremation
memoria lization. A cemetery preserves memories and serves as a steward of our
community's heritage, bridging the past with the present. T he intent is to emphasize leaving a
tangible legacy for future generations to have a place to remember their loved ones.
MA C has developed an advertising campaign that includes two major radio stations in
Minnesota, television options and website redevelopment. Members of MA C have been
asked to contribute $5.00 per 2016 internment toward this advertising campaign. Legal Fund
Assessment contributions will be waived indefinitely to allow members to direct
contributions to the advertising project. T he Legal Fund is typically used for cemetery
lobbying activities.
During the April 18, 2017, C emetery Advisory Committee meeting the members
recommended the C ity C ouncil dedicate $255.00 towards the Minnesota Association of
Cemeteries 2017 advertising campaign.
B AC K G RO UND :
Lebanon C emetery of Apple Valley has been a member of MA C for several years. Staff
have benefited from the many resources made available through this organization.
T he steady increase in cremation during the last several years has presented unique
challenges for cemeteries in a quite literal changing landscape.
B UD G E T I M PAC T:
In 2016, Lebanon C emetery had 51 internments. At $5.00 each, the cost would be $255.00.
T he waiving of the Legal Fund Assessment is a savings of $76.50.
AT TAC HM E NT S:
R esolution
CITY OF APPLE VALLEY
RESOLUTION NO. 2017 –
A RESOLUTION APPROVING PARTICIPATION IN THE 2017
MINNESOTA ASSOCIATION OF CEMETERIES ADVERTISING CAMPAIGN
WHEREAS, it is in the best interest of the City of Apple Valley and the residents thereof
to provide information and education that supports the City's Cemetery.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that a payment of $255.00 to the 2017 Minnesota Association
of Cemeteries Advertising Campaign is hereby approved.
ADOPTED this 11th day of May, 2017.
________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_______________________________________
Pamela J. Gackstetter, City Clerk
I T E M: 4.F.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
Direct Urban A f f airs A dvisory C ommittee to Review S hort-Term Rental Housing Ordinance
S taff Contact:
A lex Sharpe, P lanning and E conomic Development
S pecialist
D epartment / Division:
C ommunity D evelopment Department
AC T I O N RE Q UE S T E D:
Direct the Urban Affairs Advisory C ommittee to review the Apple Valley short-term rental
ordinance and provide recommendations.
S UM M ARY:
T he C ity Council is discussing short term rental housing as part of its May 11 informal work
session. T his discussion will assist with framing the discussion for the Urban Affairs
Advisory C ommittee to review the current code, and provide recommendations on this topic.
B AC K G RO UND :
Temporary rental housing's popularity as an alternative vacation or short term option has
been growing throughout the country. C ompanies such as Airbnb and VRBO have led the
online marketing of these units and currently have more than 4,000,000 lodging units in
65,000 communities, at times surpassing the number of hotel rooms in a community.
Temporary rental housing is typically defined as a home or apartment which is rented for less
than 30 days. Temporary units bring different opportunities and challenges to a community.
T he arrival of the 2018 Super Bowl has spurred cities such as Minneapolis and St. Paul to
review their temporary rental housing ordinances. A rticles from the Star Tribune and the
Pioneer Press have been published recently which detail the complexity and concerns of this
temporary use. T hese articles and an analysis from the City of St. Paul are attached.
Currently temporary or short term rental lodging is not permitted in Apple Valley's residential
zones. However, the C ity Attorney has stated that the ordinance should be explicit on the
matter, or should provide proper regulation if C ouncil wishes to allow the units.
In early 2017 staff received complaints about a small number of residential homes which are
being offered for short term rental. While the current code prohibits commercial lodging
within the residential zones, the code is not explicit, and therefore open to interpretation.
T he cities of Eagan and Burnsville have banned short term rentals, while cities like Prior
Lake, Duluth, Minneapolis, and St. Paul either currently allow the units, or are in the process
of drafting ordinances regulating their use.
B UD G E T I M PAC T:
At this time there is not a budget impact.
AT TAC HM E NT S:
Background Material
Background Material
Background Material
5/2/2017 St. Paul, M pls. consider r egulations on shor tterm rentals like Air bnb StarTribune.com
http://www.startribune.com/stpaulandminneapolisconsiderregulationsonshorttermrentalslikeairbnb/420682323/1/2
VARI ETY
St. Paul and Minneapolis consider
regulations on shortterm rentals like
Airbnb
The expected flood of visitors to Minnesota during next year's Super
Bowl creates a deadline for cities to establish regulations.
By Jessie Van Berkel (http://www.startribune.com/jessie‑van‑berkel/280701532/) Star Tribune
APRIL 28, 2017 — 7:16AM
Strangers occupy Doug Beasley’s retreat-like home, tucked in St. Paul’s northwest corner,
for much of the year.
“I love my neighborhood and I love being able to share that with other people,” said the
photographer, who uses Airbnb to rent his St. Anthony Park house when he’s traveling
the world for work or staying at his cabin.
Hundreds of Twin Cities residents use online companies like Airbnb and VRBO to
temporarily fill spare rooms or empty homes. These “hosts” have been renting spaces for
years without city regulations. That is about to change.
St. Paul and Minneapolis are studying rental rules and want to ensure hosts pay taxes
and meet safety guidelines. The expected flood of visitors to Minnesota during next
year’s Super Bowl creates a deadline for cities to establish regulations.
“We want to make sure that we are facilitating tourism and doing it in a good way,” said
Donna Drummond, St. Paul’s planning director.
St. Paul’s proposed rules would limit the number of people allowed to stay in a home
and how many apartments or condominiums people could rent out in a building.
Property owners would have to follow zoning and licensing rules, pay sales and lodging
taxes, have appropriate insurance and, in some cases, a fire certificate of occupancy.
Minneapolis staff plans to present regulations to council members within a few months,
Deputy City Coordinator Nuria Rivera-Vandermyde said. They have been meeting with
St. Paul staff and are looking at similar issues, like tax payment and neighborhood
nuisance concerns, she said.
Some Airbnb hosts are confused by St. Paul’s planned limits on rental units, company
spokesman Ben Breit said.
“We appreciate the hard work of city policymakers to get to this point, though our St.
Paul hosts have concerns with some of the cumbersome requirements of this draft
legislation,” Breit said, and the company will continue to work with the city on the
regulations.
Other Minnesota cities have even more stringent rules on short-term rentals.
Eagan doesn’t allow them when the property owners are not present and Burnsville
prohibits short-term rentals in residential areas. Duluth requires hosts to get $650 or
$100 annual permits, depending on whether they are renting out their full property or
just a room.
St. Paul would make hosts pay an annual license fee. The city hasn’t determined the cost
but doesn’t want it to be a hindrance to people, Department of Safety and Inspections
Deputy Director Dan Niziolek said.
Booking services, like Expedia and Airbnb would have to give St. Paul information about
the hosts, and the city would audit a sampling of property owners for compliance, he
said. The companies would have to remove hosts’ listings if they refuse to comply with
the rules.
St. Paul does not license or permit the rentals, so they are technically illegal, but the city
hasn’t been shutting them down.
(http://stmedia.startribune.com/images/ows_149334716924313.jpg)
DAV I D J O L E S ‑ S TA R T R I B U N E
Doug Beasley is among the landlords who
might have to register properties if new short‑
term rental rules are passed.
5/2/2017 St. Paul, M pls. consider r egulations on shor tterm rentals like Air bnb StarTribune.com
http://www.startribune.com/stpaulandminneapolisconsiderregulationsonshorttermrentalslikeairbnb/420682323/2/2
The City Council created a work group last year to study short-term rentals and come
up with rules. They found that not many people were complaining about the rental
properties, St. Paul Senior City Planner Kady Dadlez said, so the city staff is trying to
keep the regulations minimal.
Weighing pros and cons
St. Paul’s proposed rules would be a big change, Beasley said, but not necessarily a bad
or an unfamiliar one. He also rents out his cabin, and even the small Wisconsin town
where it’s located has regulations.
The change would put short-term rentals on a more level playing field with hotels and
traditional bed-and-breakfast owners, he said.
“I can understand the concern from the hospitality interest in Airbnbs, because there are
so many things we don’t have to do and regulations we don’t have to comply with that
they do,” Beasley said.
At a recent Planning Commission meeting, Dadlez listed pros and cons of the rentals,
noting that they add income for residents and support tourism. They also can contribute
to late-night noise, crime, litter and take up on-street parking, she said.
Those concerns are overstated, Commissioner Bill Lindeke said, and the Airbnb in his
neighborhood is a boon that adds eyes on the street. Commissioner Terri Thao said the
possibility that affordable housing is turned into short-term rentals is “extremely
concerning” and could compound the already tight rental market.
The Planning Commission has not yet voted on the rules and will hold a public hearing
on them June 2. The St. Paul City Council and mayor will likely consider them late this
summer or early fall.
Jessie.VanBerkel@startribune.com
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/1/7
NEWS
Want to rent your home during
the Super Bowl? St. Paul
setting Airbnb rules
By FREDERICK MELO | fmelo@pioneerpress.com | Pioneer Press
PUBLISHED: April 27, 2017 at 11:04 pm | UPDATED: May 1, 2017 at 5:32 pm
Carla Solberg Sherman, proprietor at the Como Lake B&B in St. Paul, gets spring
planters ready Thursday, April 20, 2017. St. Paul bed and breakfast owners say
they’re held to higher standards, on top of taxes and fees compared to owners of
short-term rentals such as Air BnBs. St. Paul is studying whether to regulate short-
term rentals, and how. (Jean Pieri / Pioneer Press)
For seven years, Carla Sherman has leased out three suites in the Como Lake Bed and
Breakfast to visitors from around the world.
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/2/7SUPER BOWL NEXT YEAR WILL EXPLODE DEMAND
With a view directly onto St. Paul’s Lake Como, her home is also her business. She’s
taxed and regulated accordingly. She pays a state sales tax and a city sales tax, a
transit tax and a local lodging tax.
State inspectors come by each year to conduct food and lodging inspections, licenses
that together cost her $345. Her “umbrella” homeowner’s insurance policy covers
guests if they slip and fall, at an annual cost of about $5,000.
Under St. Paul’s zoning rules, no bed-and-breakfast can operate within 1,000 feet of
her own. She can’t serve guests more than a few ounces of alcohol. She can’t rent out
more than four rooms. All in all, she’s inspected, taxed and licensed much like a hotel
would be.
But to her disappointment, her chief competitors are not.
Sherman and other bed-and-breakfast owners are pressuring city oퟥ�icials to regulate
short-term rentals in private residences, such as those found on Airbnb and VRBO.
Hearings on proposed new rules that would tax and license them begin June 2.
Advocates and property owners are lining up to say the rules go too far or not far
enough.
“Our St. Paul hosts have concerns with some of the cumbersome requirements of this
dra legislation,” said Benjamin Breit, a spokesman for Airbnb’s Midwest oퟥ�ices.
B&Bs “are paying for the services they receive from the city, and (short-term rentals)
are not,” said Pam Biladeau, who runs the Corban Manor Inn on St. Paul’s Cathedral
Hill with her husband. “If you look like a duck, walk like a duck, you are a duck. If you
rent a room for money, you’re a business.”
During a review of online listings last summer, workers from the St. Paul Department
of Safety and Inspections found roughly 250 openings for house, condo and
apartment rentals of under 30 days, with many oퟥ�ering stays as short as a single
night. They acknowledge their tally is probably conservative.
None of those homes were licensed or taxed by state and local authorities.
“I can’t even imagine how much the city could be collecting for fixing potholes if all
these people paid,” Sherman said.
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/3/7
SUPER BOWL NEXT YEAR WILL EXPLODE DEMAND
With the 2018 Super Bowl landing in Minneapolis in February, the short-term rental
trend is about to explode.
It did so last year when 3,400 guests rented Airbnbs throughout the metro area during
the Ryder Cup golf tournament at the Hazeltine National Golf Club in Chaska.
By kickoퟥ� at the Super Bowl, Airbnb has predicted it will double its current number of
rentals in the Twin Cities region. St. Paul oퟥ�icials appear eager to capitalize on the
spike in tourism.
They’re also sensitive to concerns about creating a level playing field in what’s
presently an unregulated market, and capturing more tax revenue. Short-term rentals
are proliferating, even though they’re technically against the law.
Carla Solberg Sherman, center, proprietor at the Como Lake B&B in St. Paul, talks
with her guests Karen and Craig Smith from Rochester during breakfast on
Thursday, April 20, 2017. (Jean Pieri / Pioneer Press)
“That use is currently illegal under the zoning code,” said Donna Drummond, director
of planning within St. Paul Planning and Economic Development. “(But) we know
that this is a good thing for economic growth and tourism. How do we manage that in
a good way?”
The growth of the so-called “sharing economy” has raised new questions for St. Paul.
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/4/7
NEW RULES OVERDUE?
With increasing frequency, homeowners across the country are eퟥ�ectively converting
their properties into unlicensed businesses in residential areas. During the Ryder Cup,
some mega-homes were advertised for $75,000 a week.
From San Francisco to Barcelona, Spain, entire apartment buildings have been
converted into de facto hotels through Airbnb, reducing the stock of aퟥ�ordable
housing. Cities have responded a variety of ways, from creating permits and licenses
for short-term rentals to banning them entirely.
Donovan Roediger, who advertises on Airbnb a one-bedroom apartment across from
St. Paul City Hall, said he welcomes “reasonable taxation and regulation,” such as the
“One Host, One Home” policy that the company rolled out in Portland, Ore.
By limiting hosts to one listing apiece, the policy discourages management
companies from buying multiple properties in order to convert them to short-term
rentals.
“I absolutely think Airbnb can help boost the local economy,” Roediger said.
“Downtown hotels are prohibitively expensive for many tourists, forcing them to stay
in chain hotels along the interstate. By opening up aퟥ�ordable lodging options within
the city, our tourists can stay steps away from locally owned restaurants and shops.”
Roediger has his guests pick up their keys at a nearby independent bookstore,
Subtext Books, where they also receive a small discount. He directs guests to local
restaurants and bars and hangs prints by local artists in the apartment, along with
information on where they can buy them.
“Hotels and B&B owners may want to slow or stop Airbnb, but I’d ask taxi drivers how
well that’s worked in their industry,” said Douglas Mackaman, a European history
professor at the University of West Florida who rents out a house on Cathedral Hill.
Bed-and-breakfast owners, who can spend a year or more getting licensed, say new
rules are overdue.
Biladeau noted that on top of state and local taxes and licensing fees, she pays $1,000
a year for worker’s compensation, and at least minimum wage for housekeeping. As a
company, Airbnb has been valued at $31 billion, said Biladeau, “and they (o en) give
no money to the cities they’re in.”
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/5/7
NEW RULES COMING
Breit, the Airbnb spokesman, said that as of May 1, the company will have entered
into agreements with 275 jurisdictions around the world to collect and remit local
sales and lodging taxes, including cities that account for about half its U.S. listings.
So far, St. Paul isn’t one of them.
At the direction of the St. Paul City Council, city planners last year embarked on an
eퟥ�ort to create potential zoning changes, on top of licensing and certificate of
occupancy requirements.
City staퟥ� presented possible zoning amendments to the St. Paul Planning
Commission on April 21, and the recommendations are available for public comment.
The commission will host a public hearing June 2, and the city council is expected to
vote on whether to adopt the new regulations in July or August.
The proposed rules would require licensing, inspections and verification of tax
collection through audits conducted by the Minnesota Department of Revenue.
They also limit the number of short-term rentals in a condo or apartment building to
half the units, with a maximum of four rentals unless the city deems fit to allow more.
No more than four unrelated guests are allowed to rent a space together, but family
members are exempt from the limit.
So far, reactions have run the gamut.
“On first review, I like the idea of collecting sales and lodging tax, as it’s only fair to
have a level playing field with B&Bs and hotels,” said St. Paul City Council President
Russ Stark. “I need to hear more about the details of limiting (short-term rentals) to
one-half the units, but at first blush, I understand the logic. Short-term rentals that
are not owner-occupied should clearly be in our ‘Certificate of Occupancy’ program.”
Council member Chris Tolbert said he’s an Airbnb user and supportive of the industry,
but “there should be some basic regulation for public-safety purposes, and for basic
fairness.”
“We’re going to need Airbnb for the Super Bowl,” Tolbert said. “I don’t think there’s
enough hotel rooms in the Twin Cities for the amount of people that are coming.”
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/6/7
HOW OTHER CITIES DO IT
Biladeau, the inn owner, worries that taxes won’t be collected on the full cost of the
short-term rental, noting that Airbnbs are notorious for hidden fees.
She also doubts the city has any way of determining if extra guests are indeed
relatives.
“B&Bs are currently limited to a maximum of four rooms,” she said. “If short-term
rentals have no limits on the number of rooms and guest occupancy, then neither
should the B&Bs.”
Breit, the Airbnb spokesman, called the limits on the number of short-term rentals
confusing.
He encourages cities to consider the company’s 31-page review of best practices from
cities around the world, from “One Host, One Home” in Portland to a “Three Strikes”
policy in New York City that bans hosts a er they have been cited three times by law
enforcement.
St. Paul oퟥ�icials say that based on their list of 250 known short-term rentals, they
found no evidence of police calls or oퟥ�icial complaints to the Department of Safety
and Inspections.
Nevertheless, reports about Airbnb “party houses” disrupting neighbors and trashing
properties have occasionally hit the news from Minneapolis to the San Francisco
area and Canada.
“We did not find many, if any, complaints on short-term rentals,” said Dan Niziolek,
deputy director of DSI. “We’re looking at, basically, a very limited regulatory
structure, just in case there are any problems.”
In mid-April, St. Paul oퟥ�icials issued a 16-page staퟥ� report that spells out how other
cities have addressed short-term rentals.
5/2/2017 Want to r ent your home during the Super Bowl? St. Paul setting Air bnb r ules
http://www.twincities.com/2017/04/27/stpaulm nairbnbrulessuperbowl/7/7
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In November 2015, Eagan chose to ban short-term rentals of less than 30 days, unless
the owner is present. Burnsville bans short-term rentals in areas with residential
zoning. Stillwater recently allowed short-term rentals, but limits the number of
licenses available at any time, as well as the number of guests allowed at any
residence. Duluth and Prior Lake have created their own permitting processes.
Minneapolis has embarked on its own zoning study, and new regulations are likely.
Frederick Melo
Frederick Melo came to the Pioneer Press in 2005 and brings an
aggressive East Coast attitude to St. Paul beat reporting. He spent
nearly six years covering crime in the Dakota County courts before
switching focus to the St. Paul mayor's oퟥ�ice, city council, and all
things neighborhood-related, from the city's churches to its parks and light rail. A
resident of Hamline-Midway, he is married to a Frogtown woman. He Tweets
manically at @FrederickMelo
Follow Frederick Mel o @FrederickMelo
I T E M: 4.G.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Authorizing Release of 1988 C ovenants on A pple Valley Villa Apartments
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:
Adopt resolution authorizing release of 1988 C ovenants on the Apple Valley Villa
Apartments.
S UM M ARY:
Apple Valley Villa Apartments is in the process of refinancing their existing 2010 mortgage
they had with J ones Lang Lasalle Multifamily, LLC , (J LL) formerly known as Oak Grove
Commercial Mortgage, LLC . To obtain interim financing through Wings Financial,
Augustana requested and received approval from the C ity C ouncil on May 11, 2017 to
subordinate the covenants included in the original 1985 financing to their interim financing.
T hey are in the process of obtaining permanent financing and a subordination would also be
needed at that time. T he C ity C ouncil is asked to adopt a resolution authorizing the
release of the 1988 covenants to allivate the need for any future action subordinating them to
any financing.
B AC K G RO UND :
T he C ity of Apple Valley included covenants in 1985 as a condition of the original
conveyance of the land from the C ity to the Lemieux Partnership II. In 2006, Augustana
acquired Apple Valley Villa and assumed the existing financing which included the covenants
from the land transfer. Also in 2006, Apple Valley Villa entered into additional financing with
the MHFA and Dakota C ounty C D A which also included affordability covenants, which will
also continue to be subordinate to the new Wings Financial interim financing.
T he original C ity of Apple Valley covenants included provisions that a minimum of 20% of
the units remain affordable for low income residents for a period of 10 years following the
time when they reached 50% lease up, these same eligibility thresholds will remain in place
in the final financing that is expected to be obtained through HUD. T he C ity's covenants
included in the original bonds expired in 2006 so releasing the covenants at this time will
have no real impact.
B UD G E T I M PAC T:
T he action will have no financial impact on the C ity of Apple Valley.
AT TAC HM E NT S:
R esolution
Agreement
APPLE VALLEY CITY COUNCIL
RESOLUTION NO. ______
A RESOLUTION AUTHORIZING THE RELEASE OF 1988 COVENANTS
ON THE APPLE VALLY VILLA APARTMENTS
WHEREAS, on September 18, 1985, the City of Apple Valley issued bonds on behalf of
Lemieux Partnership II, LLP for the development of the Apple Valley Villa apartments. In
exchange for the funding, Lemiuex Partnership II, LLP and the City of Apple Valley established a
covenant on the property requiring a certain percentage of the units be rented to low income tenants
(“Covenants”). The covenants were amended in accordance with the agreements regarding new
bonds in 1988 and 1998.
WHEREAS, the Covenants were in effect during the term of the Bonds and during the
Qualified Project Period and the Covenants would terminate after whichever time period was
longer.
WHEREAS, the term of the Bonds ended in 2011;
WHEREAS, the Qualified Project Period ended the later of the date 10 years after the date
at which 50% of the units in the project were occupied (August 15, 1998) or the date 50% of the
total number of days which comprise the term of the bonds with the longest maturity after the date
which any of the units in the project were first occupied (July 14, 2006); and
WHEREAS, the term of the Bonds and term the Qualified Project Period have both ended
so the 1985 Covenants as amended have no current legal significance.
NOW, THEREFORE, BE IT RESOLVED, the City of Apple Valley releases the covenants
and restrictions set forth in 1985 Deed and Covenants Running with the land as amended;
accordingly the Apple Valley City Council, upon motion duly made and seconded, directs the
Mayor and City Clerk of Apple Valley to execute a Release of Covenants on behalf of the City of
Apple Valley.
ADOPTED this ___ day of ____________, 2017.
__________________________________
Mary Hamman-Roland, Mayor
ATTEST:
__________________________________
Pamela J. Gackstetter, Secretary
ECB-2061 Page 1 of 2
(Top 3 inches reserved for recording data)
RELEASE OF COVENANTS
DATE: __________________, 2017
FOR VALUABLE CONSIDERATION, the City of Apple Valley, Minnesota, a municipal corporation and political subdivision of the State of
Minnesota, grantor, by a deed recorded on September 18, 1985, as Document Number 700918 in the Office of the County Recorder of Dakota
County (“the Deed”) conveyed to Lemieux Partnership II, A Minnesota Limited Partnership, Grantee, the following real property in Dakota
County, Minnesota, legally described as follows:
The North 340.00 feet of the West 433.95 feet of Lot 1, Block 5, Apple Valley Commercial Addition, TOGETHER
WITH That part of Lot 1, Block 5, Apple Valley Commercial Addition that is described as follows: Commencing at
the intersection of the North line of said Lot 1 and the East line of the said West 433.95 feet; thence South 0˚00’45”
East on an assumed bearing, along said East line, a distance of 77.83 feet to the point of beginning of the land to
be described; thence North 88˚50’48” West a distance of 38.33 feet; thence South 59˚55’01” West a distance of
11.54 feet; thence South 30˚04’59” East a distance of 15.58 feet; thence South 89˚50’48” West a distance of 126.92
feet; thence North 0˚00’45” West a distance of 71.00 feet to the point of beginning, in Dakota County, Minnesota
WHEREAS, the Deed contained certain covenants and restrictions which were intended to run with the land and be binding upon the Grantee,
its successors and assigns;
WHEREAS, Grantor was given the absolute right and obligation to amend or terminate or delete such restrictions on behalf of all persons and
entities who might have benefited by such covenants and restrictions;
WHEREAS, the Deed was amended by the Certificates of Amendment or Termination of Covenants recorded on October 19, 1988, as
Document Number 861682 in the Office of the County Recorder of Dakota County, Minnesota and by the Amendment to Deed and Covenants
Running with the Land recorded on November 12, 1993, as Document Number 1550258 in the Office of the County Recorder of Dakota
County, Minnesota,
WHEREAS, under the terms and provisions of the Deed as amended, it is now an Appropriate Time (as defined in the deed) to deliver this
release of such covenants and restrictions; and
NOW THERE, the covenants and restrictions set forth in the Deed are null and void and of no further force or effect. The County Recorder for
the County of Dakota and the State of Minnesota is hereby authorized to accept this instrument as a conclusive determination of the
termination and release of all covenants and restrictions set forth in the Deed and as a complete termination of all rights and other remedial
provisions of the Deed.
Page 2 of 2 RELEASE OF COVENANTS
Check here if all or part of the described real property is Registered (Torrens)
THE CITY OF APPLE VALLEY, MINNESOTA
By: Mary Hamann-Roland
Its: Mayor
(SEAL)
By: Pamela Gackstetter
Its: Clerk
State of ___________________, County of ___________________
On this day of _____________, 2017, before me a Notary Public within and for said County, personally appeared Mary Hamann-Roland
and Pamela J. Gackstetter to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and
Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by
authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality.
(Stamp)
(signature of notarial officer)
Title (and Rank):
My commission expires:
(month/day/year)
THIS INSTRUMENT WAS DRAFTED BY:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
AG: 66-38333
I T E M: 4.H.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove L icense Agreement with S t. P aul Growers A ssociation, I nc., f or 2017 A pple Valley
F armers Market in Municipal C enter P arking L ot
S taff Contact:
T homas L ovelace, City P lanner
D epartment / Division:
C ommunity D evelopment Department
Applicant:
S t. Paul Growers A ssociation, I nc.P roject Number:
Applicant Date: 3/22/2017 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
Approve the draft license agreement with the St. Paul Growers Association, Inc., to allow for
the operation of a farmers market at the Apple Valley Municipal C enter from 6:30 a.m. to
2:00 p.m. Saturdays, from J une 10, 2017, through October 28, 2017; and that the Mayor and
City C lerk be authorized to sign the agreement.
S UM M ARY:
For your consideration is the 2017 Apple Valley Farmers Market license agreement that will
allow the St. Paul Growers Association, Inc., to once again operate a farmers market at the
Apple Valley Municipal Center. T his agreement, which has been prepared by the C ity, would
allow use of the Municipal C enter parking lot Saturdays, from J une 10, 2017 through
October 28, 2017, during the hours of 6:30 a.m. to 2:00 p.m. for set up, operation of the
market, take down, and clean up. T he market itself will be open for business from 8:00 a.m.
to 1:00 p.m.
T he market will again be located on the south half of the lot, with customer parking on the
north half. T he south half of the Municipal C enter parking lot is located on property owned
by Dakota C ounty. An agreement between the C ity and C ounty allows for use of the lot by
the C ity for parking purposes. Allowing the farmers market to operate on this section of the
lot is outside the terms of the agreement, and therefore requires approval by Dakota County.
T he Dakota C ounty Board of C ommissioners will consider this request at their May 23,
2017, meeting. T he item will likely be a consent item and the C ounty staff will be
recommending approval.
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
Map
I T E M: 4.I .
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove L icense Agreement with Metropolitan Council for Meter M644A A ccess, Maintenance
and Repair of S tructure
S taff Contact:
Carol Blommel J ohnson, P ublic Works S uperintendent -
Utilities
D epartment / D ivision:
Utilities D ivision
AC T I O N RE Q UE S T E D:
Approve License Agreement with Metropolitan C ouncil for Meter M644A Access,
Maintenance and Repair of Structure.
S UM M ARY:
T he Metropolitan Council's Meter M644A is located on C haparral Drive adjacent to
Sanitary Lift Station 3. T he meter station has been constructed within the drainage and
utility easement and C haparral Park as shown on Exhibit A. T his License Agreement grants
Metropolitan C ouncil agents, contractors and subcontractors access to the site for
construction, inspection, maintenance, replacement of the meter or related meter station
improvements.
B AC K G RO UND :
Prior to Sanitary Lift Station 3 Replacement, Project 2014-129, the Metropolitan Council
Meter M644A was located in the C ity's existing lift station. When the lift station was
replaced it was necessary to replace the meter station. T he Metropolitan C ouncil has been
upgrading all of their meter stations to stand alone facilities throughout the Metro area. T he
lift station replacement and meter station conversion projects were coordinated for
construction of both facilities to occur within the scope of one project.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
Exhibit
Agreement
I T E M: 4.J .
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
A dopt Resolution Authorizing Master P artnership Contract with S tate of Minnesota D epartment of
Transportation (MnD O T )
S taff Contact:
Matt Saam, P ublic Works Director
D epartment / D ivision:
P ublic Works D epartment
AC T I O N RE Q UE S T E D:
Approve resolution authorizing Master Partnership C ontract with the State of Minnesota
Department of Transportation and authorizing the Public Works Director to negotiate work
order contracts under such agreement.
S UM M ARY:
T he attached Master Partnership Contract is a document that can be used to allow MnD O T
to provide technical services, road maintenance, or material to the C ity. T he Master
Partnership C ontract is not tied to any particular project, however, staff does anticipate
utilizing MnD O T 's construction material testing services under this contract for any
upcoming State Aid funded City projects. T he contract is a general catch-all that MnD O T
and the C ity can utilize should a need arise. T his contract, if approved, would be in effect for
five years through J une 30, 2022.
T he purpose of the Master C ontract is to provide a mechanism for the sharing of resources
and/or transfer of funding for services provided.
B AC K G RO UND :
T his Master Partnership C ontract has been sent to any local agency that has used MnD O T
services in the past. T hese services are generally routine material testing or small, one-time
services for things like fixing a guardrail, signal repair, and assistance with right-of-way
purchases. MnD O T would like to have the contract in place should the need arise to
facilitate a quick response to local agency requests. T he new contract will replace the C ity's
existing contract which expires on J une 30, 2017.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
Agreement
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION AUTHORIZING MASTER PARTNERSHIP CONTRACT WITH
MINNESOTA DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO NEGOTIATE WORK ORDER CONTRACTS UNDER
SUCH AGREEMENT
WHEREAS, The Minnesota Department of Transportation (MnDOT) wishes to cooperate
closely with local units of government to coordinate the delivery of transportation services and
maximize the efficient delivery of such services at all levels of government; and
WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes
Sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design,
construction, maintenance and operation of state and local roads; and
WHEREAS, the parties wish to be able to respond quickly and efficiently to such
opportunities for collaboration, and have determined that having the ability to write “work
orders” against a master contract would provide the greatest speed and flexibility in responding
to identified needs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that:
1. The City enter into a Master Partnership Contract with the Minnesota
Department of Transportation, a copy of which was before the Council.
2. The proper City officers are authorized to execute such contract, and any
amendments thereto.
3. That the Public Works Director, is authorized to negotiate work order contracts
pursuant to the Master Contract, which work order contracts may provide for
payment to or from MnDOT, and that the Public Works Director may execute
such work order contracts on behalf of the City of Apple Valley without further
approval by this Council.
ADOPTED this 11 day of May, 2017.
__________________________________
Mary Hamann-Roland, Mayor
ATTEST:
_________________________________
Pamela J. Gackstetter, City Clerk
MnDOT Contract Number: 1028115
STATE OF MINNESOTA
AND
CITY OF APPLE VALLEY
MASTER PARTNERSHIP CONTRACT
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract
referred to as the “State” and the City of Apple Valley, acting through its City Council, in this contract referred to as the
“Local Government."
Recitals
1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02.
2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk
highway system.
3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25.
4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work
may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans
for the construction or reconstruction of roadways, and performing roadway maintenance.
5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other
governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other
means of providing transportation-related services; or for other cooperative programs that promote efficiencies in
providing governmental services, or that further development of innovation in transportation for the benefit of the
citizens of Minnesota.
6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the
efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a
framework for the efficient handling of such requests. This MPC contains terms generally governing the
relationship between the parties. When specific services are requested, the parties will (unless otherwise specified)
enter into a “Work Order” contracts.
7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts.
These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for
the specific work.
8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently
issued under the authority of this Contract.
Master Partnership Contract
1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms
1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all
State officials as required under Minn. Stat. § 16C.05, subd. 2.
1.2. A party must not accept work under this Contract until it is fully executed.
1.3. Expiration Date. This Contract will expire on June 30, 2022.
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MnDOT Contract Number: 1028115
1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the
Local Government) for each particular engagement, except for Technical Services provided by the State
to the Local Government as specified in Article 2. The work order contract must specify the detailed
scope of work and deliverables for that project. A party must not begin work under a work order until the
work order is fully executed. The terms of this MPC will apply to all work orders contracts issued, unless
specifically varied in the work order. The Local Government understands that this MPC is not a guarantee
of any payments or work order assignments, and that payments will only be issued for work actually
performed under fully-executed work orders.
1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract
and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and
Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure.
All terms of this MPC will survive with respect to any work order contract issued prior to the expiration
date of the MPC.
1.6. Sample Work Order. A sample work order contract is available upon request from the State.
1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and
obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC.
“Requesting Party” is defined as the party requesting the other party to perform work under a work order
contract. “Providing Party” is defined as the party performing the scope of work under a work order
contract.
2. Technical Services
2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local
Government. These services may be performed by the State for the Local Government without the
execution of a work order, as these services are provided in accordance with standardized practices and
processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services is
attached.
2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order
contract.
2.2. The Local Government may request the State to perform Technical Services in an informal manner, such
as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A
request may be made via telephone, but will not be considered accepted unless acknowledged in writing
by the State.
2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested
Technical Services. Otherwise, the State will perform the Technical Services in accordance with the
State’s normal processes and practices, including scheduling practices taking into account the availability
of State staff and equipment.
2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State
will charge the Local Government the State’s then-current rate for performing the Technical Services.
The then-current rate may include the State’s normal and customary additives. The State will invoice the
Local Government upon completion of the services, or at regular intervals not more than once monthly as
agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the
State during the invoice period.
3. Services Requiring A Work Order Contract
3.1. Work Order Contracts: A party may request the other party to perform any of the following services
under individual work order contracts.
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CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028115
3.2. Professional and Technical Services. A party may provide professional and technical services upon the
request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services
“means services that are intellectual in character, including consultation, analysis, evaluation, prediction,
planning, programming, or recommendation; and result in the production of a report or completion of a
task.” Professional and technical services do not include providing supplies or materials except as
incidental to performing such services. Professional and technical services include (by way of example
and without limitation) engineering services, surveying, foundation recommendations and reports,
environmental documentation, right-of-way assistance (such as performing appraisals or providing
relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts,
final construction plans, graphic presentations, public relations, and facilitating open houses. A party will
normally provide such services with its own personnel; however, a party’s professional/technical services
may also include hiring and managing outside consultants to perform work provided that a party itself
provides active project management for the use of such outside consultants.
3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party.
Roadway maintenance does not include roadway reconstruction. This work may include but is not limited
to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects),
seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All
services must be performed by an employee with sufficient skills, training, expertise or certification to
perform such work, and work must be supervised by a qualified employee of the party performing the
work.
3.4. Construction Administration. A party may administer roadway construction projects upon the request of
the other party. Roadway construction includes (by way of example and without limitation) the
construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle
pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and
channelization. These services may be performed by the Providing Party’s own forces, or the Providing
Party may administer outside contracts for such work. Construction administration may include letting
and awarding construction contracts for such work (including state projects to be completed in
conjunction with local projects). All contract administration services must be performed by an employee
with sufficient skills, training, expertise or certification to perform such work.
3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made
disaster, natural disaster or other act of God. Emergency services includes all those services as the parties
mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations.
These services include, without limitation, planning, engineering, construction, maintenance, and removal
and disposal services related to things such as road closures, traffic control, debris removal, flood
protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by
an employee with sufficient skills, training, expertise or certification to perform such work, and work
must be supervised by a qualified employee of the party performing the work. If it is not feasible to have
an executed work order prior to performance of the work, the parties will promptly confer to determine
whether work may be commenced without a fully-executed work order in place. If work commences
without a fully-executed work order, the parties will follow up with execution of a work order as soon as
feasible.
3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the
resources needed to perform the work. If a party desires to perform such work, the parties will negotiate
the specific and detailed work tasks and cost. The State will then prepare a work order contract.
Generally, a work order contract will be limited to one specific project/engagement, although “on call”
work orders may be prepared for certain types of services, especially for “Technical Services” items as
identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for
completing work. A work order must be fully executed by the parties prior to work being commenced.
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CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028115
The Local Government will not be paid for work performed prior to execution of a work order contract
and authorization by the State.
4. Responsibilities of the Providing Party
4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work
order contracts.
4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s
authorized representative is responsible for administering the work order, and has the authority to
make any decisions regarding the work, and to give and receive any notices required or permitted
under this MPC or the work order.
4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project
Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be
performed under each work order contract. For services not requiring an engineer, the Providing
Party will furnish and assign another responsible employee to be in charge of the project. The
services of the Providing Party under a work order contract may not be otherwise assigned,
sublet, or transferred unless approved in writing by the Requesting Party’s authorized
representative. This written consent will in no way relieve the Providing Party from its primary
responsibility for the work.
4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing
specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section
161.39. The work order Contract will require the Local Government to deposit payment in
advance. The costs and expenses will include the current State additives and overhead rates,
subject to adjustment based on actual direct costs that have been verified by audit.
4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin
work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the
work order contract is fully executed are considered unauthorized and undertaken at the risk of
non-payment.
4.1.5. In connection with the performance of this contract and any work orders issued, the Providing
Agency will comply with all applicable Federal and State laws and regulations. When the
Providing Party is authorized or permitted to award contracts in connection with any work order,
the Providing Party will require and cause its contractors and subcontractors to comply with all
Federal and State laws and regulations.
4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to
all work orders for Roadway Maintenance.
4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all
permits and sanctions that may be required for the proper and lawful performance of the work.
4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance
manuals, policies and operations.
4.2.3. The Providing Party must use State-approved materials, including (by way of example and without
limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals.
4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will
apply to all work order contracts for construction administration.
4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in
accordance with state law.
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MnDOT Contract Number: 1028115
4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the
contract amount. The Providing Party will take all necessary action to make claims against such
bonds in the event of any default by the contractor.
4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the
Minnesota Department of Transportation Standard Specifications for Construction.
4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold
the State harmless against any loss incurred with respect to the performance of the contracted
work, and must be required to provide evidence of insurance coverage commensurate with project
risk.
4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law.
4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and
regulations, including but not limited to applicable human rights/anti-discrimination laws and
laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted
contracts.
4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing
rights of way, easement, and construction permits for its portion of the improvements. Each party
will, upon the other’s request, furnish copies of right of way certificates, easements, and
construction permits.
4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project
work if such changes do not increase the Requesting Party’s cost obligation under the applicable
work order contract.
4.3.9. The Providing Party will not approve any contractor claims for additional compensation without
the Requesting Party’s written approval, and the execution of a proper amendment to the
applicable work order contract when necessary. The Local Government will tender the processing
and defense of any such claims to the State upon the State’s request.
4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the
State’s Utilities Office.
4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party.
4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk
highway right-of-way, the following will apply:
4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway.
The State may revoke this permit if the work is not being performed in a safe, proper
and skillful manner, or if the contractor is violating the terms of any law, regulation, or
permit applicable to the work. The State will have no liability to the Local Government,
or its contractor, if work is suspended or stopped due to any such condition or concern.
4.3.12.2 The Local Government will require its contractor to conduct all traffic control in
accordance with the Minnesota Manual on Uniform Traffic Control Devices.
4.3.12.3 The Local Government will require its contractor to comply with the terms of all
permits issued for the project including, but not limited to, National Pollutant
Discharge Elimination System (NPDES) and other environmental permits.
4.3.12.4 All improvements constructed on the State’s right-of-way will become the property of
the State.
5. Responsibilities of the Requesting Party
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MnDOT Contract Number: 1028115
5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or
material in its possession relating to the project that may be of use to the Providing Party in performing
the work.
5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will
be promptly returned upon the Requesting Party’s request or upon the expiration or termination of this
contract (subject to data retention requirements of the Minnesota Government Data Practices Act and
other applicable law).
5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party
finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention
of the Requesting Party before proceeding with the part of the project affected. The Providing Party will
investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a
method for furnishing corrected data. Delay in furnishing data will not be considered justification for an
adjustment in compensation.
5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included
in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the
Proposal for Highway Construction, that are different from those required for State Aid construction.
5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the
work is found to have been completed in accordance with the work order contract, the Requesting Party
will promptly release any remaining funds due the Providing Party for the Project(s).
5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party.
6. Time
In the performance of project work under a work order contract, time is of the essence.
7. Consideration and Payment
7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The
State’s normal and customary additives will apply to work performed by the State, unless otherwise
specified in the work order. The State’s normal and customary additives will not apply if the parties agree
to a “lump sum” or “unit rate” payment.
7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the
Local Government under all work order contracts issued pursuant to this MPC will not
exceed $500,000.00.
7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the
Providing Party’s services, and unless otherwise specifically set forth in an applicable work order
contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses
incurred by the Providing Party in performing any work order contract. In those cases where the State
agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no
greater amount than provided in the current "MnDOT Travel Regulations” a copy of which is on file with
and available from the MnDOT District Office. The Local Government will not be reimbursed for travel
and subsistence expenses incurred outside of Minnesota unless it has received the State’s prior written
approval for such travel.
7.4. Payment.
7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work
order, and will make prompt payment in accordance with Minnesota law.
7.4.2. Payment by the Local Government.
Page 6 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028115
7.4.2.1. The Local Government will make payment to the order of the Commissioner of
Transportation.
7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT
CONTRACT NUMBER” SHOWN ON THE FACE PAGE OF THIS CONTRACT
AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED FROM
MNDOT.
7.4.2.3. Remit payment to the address below:
MnDOT
Attn: Cash Accounting
RE: MnDOT Contract Number 1028115 and Invoice Number ######
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
7.4.3. Payment by the State.
7.4.3.1. Generally. The State will promptly pay the Local Government after the Local
Government presents an itemized invoice for the services actually performed and the
State's Authorized Representative accepts the invoiced services. Invoices must be
submitted as specified in the applicable work order, but no more frequently than monthly.
7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and
technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90
percent of the amount due under any work order contract may be paid until the final
product of the work order contract has been reviewed by the State’s authorized
representative. The balance due will be paid when the State’s authorized representative
determines that the Local Government has satisfactorily fulfilled all the terms of the work
order contract.
8. Conditions of Payment
All work performed by the Providing Party under a work order contract must be performed to the Requesting
Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party’s Authorized
Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing
Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of
federal or state law.
9. Local Government’s Authorized Representative and Project Manager; Authority to Execute Work Order
Contracts
9.1. The Local Government’s Authorized Representative for administering this master contract is the Local
Government’s Engineer, and the Engineer has the responsibility to monitor the Local Government’s
performance. The Local Government’s Authorized Representative is also authorized to execute work
order contracts on behalf of the Local Government without approval of each proposed work order
contract by its governing body.
9.2. The Local Government’s Project Manager will be identified in each work order contract.
10. State’s Authorized Representative and Project Manager
10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has
the responsibility to monitor the State’s performance.
10.2. The State’s Project Manager will be identified in each work order contract.
Page 7 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028115
11. Assignment, Amendments, Waiver, and Contract Complete
11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work
order contract without the prior consent of the other and a fully executed Assignment Contract, executed
and approved by the same parties who executed and approved this MPC, or their successors in office.
11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and
will not be effective until it has been executed and approved by the same parties who executed and
approved the original contract, or their successors in office.
11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that
failure does not waive the provision or the party’s right to subsequently enforce it.
11.4. Contract Complete. This master contract and any work order contract contain all negotiations and
contracts between the State and the Local Government. No other understanding regarding this master
contract or any work order contract issued hereunder, whether written or oral may be used to bind either
party.
12. Liability.
Each party will be responsible for its own acts and omissions to the extent provided by law. The Local
Government’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is
governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal
remedies a party may have for the other party’s failure to fulfill its obligations under this master contract or any
work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A
Providing Party under any work order is acting only as a “Contractor” to the Requesting Party, as the term
“Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a
“Contractor” by the Minnesota Environmental Response and Liability Act. The parties specifically intend that
Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this MPC and any work order issued
hereunder.
13. State Audits
Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and
practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC.
14. Government Data Practices and Intellectual Property
14.1. Government Data Practices. The Local Government and State must comply with the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under
this MPC and any work order contract, and as it applies to all data created, collected, received, stored,
used, maintained, or disseminated by the Local Government under this MPC and any work order contract.
The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by
either the Local Government or the State.
14.2. Intellectual Property Rights
14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of
the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and
service marks in the Works and Documents created and paid for under work order contracts.
Works means all inventions, improvements, discoveries (whether or not patentable), databases,
computer programs, reports, notes, studies, photographs, negatives, designs, drawings,
specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by
the Providing Party, its employees, agents, and subcontractors, either individually or jointly with
others in the performance of this master contract or any work order contract. Works includes
“Documents.” Documents are the originals of any databases, computer programs, reports, notes,
Page 8 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028115
studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other
materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees,
agents, or contractors, in the performance of a work order contract. The Documents will be the
exclusive property of the Requesting Party and all such Documents must be immediately returned
to the Requesting Party by the Providing Party upon completion or cancellation of the work order
contract. To the extent possible, those Works eligible for copyright protection under the United
States Copyright Act will be deemed to be “works made for hire.” The Providing Party
Government assigns all right, title, and interest it may have in the Works and the Documents to
the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute
all papers and perform all other acts necessary to transfer or record the Requesting Party’s
ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting
Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual
property for its own non-commercial purposes, including dissemination to political subdivisions
of the state of Minnesota and to transportation-related agencies such as the American Association
of State Highway and Transportation Officials.
14.2.2. Obligations with Respect to Intellectual Property.
14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not
patentable) is made or conceived for the first time or actually or constructively reduced
to practice by the Providing Party, including its employees and subcontractors, in the
performance of the work order contract, the Providing Party will immediately give the
Requesting Party’s Authorized Representative written notice thereof, and must
promptly furnish the Authorized Representative with complete information and/or
disclosure thereon.
14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary
to ensure that all intellectual property rights in the Works and Documents are the sole
property of the Requesting Party, and that neither Providing Party nor its employees,
agents or contractors retain any interest in and to the Works and Documents.
15. Affirmative Action
The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to
Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an
affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit
such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local
Government lets a contract for the performance of work under a work order issued pursuant to this MPC, it must
include the following in the bid or proposal solicitation and any contracts awarded as a result thereof:
15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more
than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in
the state where it has its principle place of business, then the Contractor must comply with the
requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered
by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and
does not have a certificate of compliance, must certify that it is in compliance with federal affirmative
action requirements.
15.2. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan
for the employment of minority persons, women, and qualified disabled individuals approved by the
Minnesota Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance.
The law addresses suspension or revocation of a certificate of compliance and contract consequences in
that event. A contract awarded without a certificate of compliance may be voided.
15.3. Minn. R. Parts 5000.3400-5000.3600.
Page 9 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028115
15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules
include, but are not limited to, criteria for contents, approval, and implementation of affirmative
action plans; procedures for issuing certificates of compliance and criteria for determining a
contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and
hearing; annual compliance reports; procedures for compliance review; and contract
consequences for non-compliance. The specific criteria for approval or rejection of an affirmative
action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including,
but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559.
15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action
requirements for disabled workers:
15.3.2.1. The Contractor must not discriminate against any employee or applicant for
employment because of physical or mental disability in regard to any position for
which the employee or applicant for employment is qualified. The Contractor agrees to
take affirmative action to employ, advance in employment, and otherwise treat
qualified disabled persons without discrimination based upon their physical or mental
disability in all employment practices such as the following: employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship.
15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause,
actions for noncompliance may be taken in accordance with Minn. Stat. Section
363A.36, and the rules and relevant orders of the Minnesota Department of Human
Rights issued pursuant to the Minnesota Human Rights Act.
15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the commissioner of
the Minnesota Department of Human Rights. Such notices must state the Contractor's
obligation under the law to take affirmative action to employ and advance in
employment qualified disabled employees and applicants for employment, and the
rights of applicants and employees.
15.3.2.5. The Contractor must notify each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding, that the
Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota
Human Rights Act and is committed to take affirmative action to employ and advance
in employment physically and mentally disabled persons.
15.3.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action
plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of
a certificate of compliance by the Commissioner, refusal by the Commissioner to approve
subsequent plans, and termination of all or part of this contract by the Commissioner or the State.
15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn.
Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for
noncompliance.
16. Workers’ Compensation
Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any
work order contracts issued hereunder, are not intended to constitute an interchange of government employees
under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be
Page 10 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028115
subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the
statute.
17. Publicity
17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the
Requesting Party must identify the State as the sponsoring agency and must not be released without prior
written approval from the State’s Authorized Representative. For purposes of this provision, publicity
includes notices, informational pamphlets, press releases, research, reports, signs, and similar public
notices prepared by or for the Local Government individually or jointly with others, or any
subcontractors, with respect to the program, publications, or services provided resulting from a work
order contract.
17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government’s responsibilities
under the Minnesota Government Data Practices Act.
18. Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order
contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of
any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
19. Prompt Payment; Payment to Subcontractors
The parties must make prompt payment of their obligations in accordance with applicable law. As required by
Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the
Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar
days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by
the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month
to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which
requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school,
school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by
which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work
under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed,
or color, discriminate against the person or persons who are citizens of the United States or resident aliens who
are qualified and available to perform the work to which the employment relates; (2) That no contractor, material
supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any
person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the
person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a
violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state,
county, city, town, school board, or any other person authorized to grant the contracts for employment, and all
money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the
terms or conditions of this contract.
21. Termination; Suspension
21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this
MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the
Local Government. Upon termination, the Local Government and the State will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
21.2. Termination by the Local Government for Convenience. The Local Government may cancel this MPC
and any work order contracts at any time, with or without cause, upon 30 days written notice to the State.
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CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028115
Upon termination, the Local Government and the State will be entitled to payment, determined on a pro
rata basis, for services satisfactorily performed.
21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and
any work order contract if it does not obtain funding from the Minnesota legislature or other funding
source; or if funding cannot be continued at a level sufficient to allow for the payment of the services
covered here. Termination or suspension must be by written or fax notice to the Local Government. The
State is not obligated to pay for any services that are provided after notice and effective date of
termination or suspension. However, the Local Government will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will
not be assessed any penalty if the master contract or work order is terminated because of the decision of
the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the
Local Government notice of the lack of funding within a reasonable time of the State’s receiving that
notice.
22. Data Disclosure
Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of
its federal employer tax identification number, and/or Minnesota tax identification number, already provided to
the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement of federal and state tax laws which could result in action
requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any.
23. Defense of Claims and Lawsuits
If any lawsuit or claim is filed by a third party (including but not limited to the Local Government’s contractors
and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this
MPC, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such
claims to the State or allow the State to participate in the defense of such claims. The Local Government will,
however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause
of action asserted is based on its own acts or omissions in performing or supervising the work. The Local
Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution
process. The State will not be responsible for any judgment entered against the Local Government, and will not be
bound by the terms of any settlement entered into by the Local Government except with the written approval of
the Attorney General and the Commissioner of Transportation and pursuant to applicable law.
24. Additional Provisions
[The balance of this page has intentionally been left blank – signature page follows]
Page 12 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028115
LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION
The Local Government certifies that the
appropriate person(s) have executed the contract on
behalf of the Local Government as required by
applicable ordinance, resolution, or charter
provision.
By:
By: (with delegated authority)
Title: Title Assistant Commissioner or
Assistant Division Director
Date: Date:
By:
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
Title By:
Date: Date:
Page 13 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
Page 1 of 4 MPC Program FY 2017-2022
Exhibit A - Table of Tech Serv
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Date: 04/20/2017
If a source code is not on this list, a work order is needed.
Source
Code Title Description
0032 Business Unit Management All expenses of business/office managers for general management and administration of support functions. includes administering
central facilities maintenance and facilities capital budgets.
0152 Support Services Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other
MnDOT systems, attending staff meetings and other indirect support activities.
0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects.
0600 General Training Attended All costs (time, registration, materials, travel expenses, etc.) for attending or participating informal or informal training, including
conferences that primarily provide training.
1182 Soils/Foundation Field/Laboratory Tests All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals for
use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil
classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability and
triaxial tests.
1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT.
1421 Bridge Management System
Operation/Administration/Data
Use for tasks related to the Bridge Management System, including operations, administration, or data entry.
1434 Structural Metals Inspection-Non DOT Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks related
to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and
technical services in the field and offices) for local agency projects.
1501 Traffic Management System (TMS)Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information,
managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera
maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables,
monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber
optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use when
providing traffic operations technical assistance external to MnDOT.
1513 Traffic Management System (TMS)
Integration
For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into
existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation.
1520 Pavement Management System For tasks related to the operation of the pavement management system, including development and maintenance/technical support.
Includes tasks to meet needs external to MnDOT.
1716 Record Sampling Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and
checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split sample.
1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081).
Page 2 of 4 MPC Program FY 2017-2022
Exhibit A - Table of Tech Serv
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Date: 04/20/2017
If a source code is not on this list, a work order is needed.
Source
Code Title Description
1732 Material Testing & Inspection Performing construction phase and research physical and chemical laboratory testing, and related technical services in the districts
and central labs, and for performing research and construction phase non-destructive testing materials surveys, and related technical
services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling weight
deflectometer (FWD) testing.
1733 Concrete Plant Inspections Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant
reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
stationary concrete plants or mobile concrete paving plant inspection.
1734 Construction Materials Inspections Performing construction phase material inspection and engineering, for structural steel, precast and pre-stressed concrete,
reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in multiple
projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished by
suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection
(materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field
and offices).
1735 Bituminous Plant Inspection Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant
reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
bituminous plant inspection.
1738 State Project - Specific Materials
Inspection
Performing material inspection for materials designated for a specific construction project (SP). Generally applies to inspection of
such things as structural steel, prestressed concrete items, and most precast concrete items and for SP specific tasks related to
structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and
technical services in the field and offices).
1800 Field Inspection Occasional construction project field inspection (not cyclical inspection of assets); Includes field inspection of materials such as
gradations, densities/DCP, proctors, compaction, slump tests, and field air testsand collecting and transporting samples for lab tests,
but not the actual laboratory verifications.
1870 Traffic Signal Maintenance This work will not substitute for or alter existing cooperative construction agreements or traffic signal maintenance agreements.
Work related to the occasional repair and replacement of traffic signal system structures and all electrical maintenance for traffic
signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public
inquiries.
1871 Lighting Maintenance & Utilities All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing,
maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting
structures, electrical service for highway lighting, re-lamping, pump stations, anti-icing systems, truck roll-over warning systems and
electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public
inquiries/complaints, review utility billings, provide data, and conduct field reviews.
1875 Locate One Call Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic management
system, signal systems, or roadway lighting systems.
Page 3 of 4 MPC Program FY 2017-2022
Exhibit A - Table of Tech Serv
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Date: 04/20/2017
If a source code is not on this list, a work order is needed.
Source
Code Title Description
1876 Traffic Counting Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic monitoring
or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities, collecting field
data, processing data, and developing new techniques for collection.
2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching
2142 Overhead Sign Panel Maintenance Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I-beams, and overhead sign
structures. Includes related cable locates and traffic control. Does not include structural work.
2210 Guardrail-Install/Repair/Maintenance Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector replacement.
includes related traffic control.
2222 Sign/Delineation/Marker Repair Replacing, repairing, and washing signs (including temporary stop signs). Includes re-sequencing intersection signing and
repair/replace overhead and extrude signs mounted on I-beams. Includes related cable locates and traffic control.
2316 Brush & Tree Removal Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump
removal/grinding. Includes related traffic control.
2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment.
2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit.
2819 Bridge Curb, Walk And Railing Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median
barriers on bridges. Includes related traffic control.
2820 Bridge Deck Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck or
slab overlays and replacements and underside deck delamination. Includes related traffic control.
2822 Miscellaneous Bridge Maintenance This source code does not include replacement or major repair. Miscellaneous maintenance tasks performed on a specific bridge or
structure not covered by other source codes. Includes minor repairs and simple fixes on items such as stairways, drains, fencing, light
bases, transient guards, and access doors. Includes transient removal, ordering materials, and picking up equipment. Includes related
traffic control.
2824 Bridge Inspection-Non-Federal All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements of
the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments.
Includes related inspection reports and deck condition surveys.
2827 Bridge Expansion, Relief Joints All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device
bolts and replacing seal glands. Includes related traffic control.
2828 Bridge Inspection-Federal Fund All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program (Project Code will begin
with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code
begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins with
9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources (DNR) use
Source Code 2824.
Page 4 of 4 MPC Program FY 2017-2022
Exhibit A - Table of Tech Serv
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Date: 04/20/2017
If a source code is not on this list, a work order is needed.
Source
Code Title Description
2829 Bridge Superstructure All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all types
of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and box girders.
Includes related traffic control.
2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic
2834 Waterway Maintenance All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and channel
protection repair that is not part of slope protection. Includes related traffic control.
2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control.
2863 Traffic Signal Inspection Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal systems/structures.
Includes labor, equipment, materials, and traffic control.
3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA.
3002 Radio/Electronic Infrastructure Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems
(includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use
Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of Criminal
Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project
3005 Radio - Mobile Equipment Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems
(includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use
Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list.
3009 Radio/Electronic System Upgrade &
Installation
Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic
systems. Use for all work performed to correct or repair deficiencies found in a new installation.
3025 Tower/Building Maintenance Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing,
landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC.
3027 Radio Programming Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios used
as fixed base radios as part of the Inter-OP System (Use 3009).
3049 On Call Electronic Communications
Infrastructure Maintenance
To be used by Statewide Radio Communications personnel to record on-call time.
I T E M: 4.K.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:Consent A genda
Description:
A dopt Resolution Awarding Project 2017-103, 2017 Micro Surf acing
S taff Contact:
B randon Anderson, City Engineer
D epartment / Division:
Public Works Department
AC T IO N RE Q UE S T E D:
Adopt resolution awarding the agreement to Fahrner Asphalt Sealers, LLC , for C ity Project 2017-103,
2017 Micro Surfacing, in the amount of $383,018.57.
S UM M ARY:
On April 18, 2017, two (2) bids were received for the 2017 Micro Surfacing project. Fahrner Asphalt
Sealers, LLC, submitted the bid at a price of $383,018.57. T he bid compares favorably to the
engineer’s estimate of $392,386.88. Asphalt Surface Technologies C orp. (A ST EC H) submitted a bid
in the amount of $406,353.46.
Should C ity C ouncil award the agreement, it is anticipated work will begin in J uly. Work on the project
will be substantially complete by August 18, 2017.
A standard City agreement will be utilized for this project.
B AC K G RO UND:
City C ouncil adopted Resolution No. 2017-50 on March 23, 2017, authorizing the receipt of bids for
Project 2017-103, 2017 Micro Surfacing.
T he City of Apple Valley's 2017 capital improvement plan identified $550,000 for street preservation
in the form of micro surfacing. T he locations of the proposed improvements are identified on the
attached map. (Figure: 1). It is anticipated that approximately 112,673 square yards of street will be
micro surfaced including portions of the following neighborhoods and streets.
Eagle Hills 1st - 3rd
Eagle Pond 1st Addition
Eagle Ridge Estates 1st and 2nd Addition
Cherry Oaks Estates
Eastwood Ridge
Oakwood Hills
Scottsbriar 1st and 2nd Addition
Foxmore Ridge 2nd
Greenleaf 11th and 12th Addition
East Valley Plaza 3rd and 4th Addition
T he work consists of applying a thin wear-resistant layer of oil and rock mixture that helps prevent
pavement oxidation and seepage of moisture into the pavement surface.
B UD G E T IM PAC T:
An engineer ’s estimate for the project has been developed based on the final design. Following is a
summary of anticipated project costs and funding sources. T he following budget has been developed
for the project based on the low bid received:
Project C osts: Estimated Bid
C onstruction C ost $500,000.00 $383,018.57
C onstruction C ontingency 20,000.00 20,000.00
Engineering Design 15,000.00 15,000.00
Inspection 15,000.00 15,000.00
Total Estimated Cost $550,000.00 $433,018.57
Project Funding:
Municipal State Aid $535,000.00 $433,018.57
Road Improvement Fund 15,000.00 0.00
Total Estimated Funding $550,000.00 $433,018.57
AT TAC HM E NT S:
Map
Resolution
Exhibit
CITY OF APPLE VALLEY
DATE:PROJECT NO.
FIGURE:
MICROSURFACE / FOG SEALING AREAS
2017 CAPITAL IMPROVEMENT PROGRAM AREAS
1
2017-103
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
A RESOLUTION AWARDING AGREEMENT FOR PROJECT 2017-103
2017 MICRO SURFACING
WHEREAS, pursuant to an advertisement for bids for improvements identified as City
Project 2017-103, 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 Fahrner Asphalt Sealers, LLC, 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 an
agreement with Fahrner Asphalt Sealers, LLC, for its base bid in the amount of
$383,018.57 for the completion of City Project 2017-103 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 an agreement has been signed.
ADOPTED this 11th day of May, 2017.
__________________________________
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 11, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with R on K assa Construction, I nc., for Project 2017-131, 2017 Concrete
Removal & Replacement Services
S taff Contact:
Michael Glewwe, Public Works Superintendent - Streets
D epartment / D ivision:
S treets Division
AC T I O N RE Q UE S T E D:
Approve agreement with Ron Kassa C onstruction, Inc., for Project 2017-131, 2017 Concrete
Removal & Replacement Services in the amount of $25,156.00.
S UM M ARY:
On March 31, 2017, C ity staff solicited quotations from six companies for removal and
replacement of C ity sidewalks at various locations throughout the C ity. Two companies
submitted quotes, Ron Kassa C onstruction, Inc, submitted the low quote. T he majority of
this work will take place in the sidewalk survey area located east of J ohnny Cake Ridge
Road. C oncrete services include removal and replacement of B618 and D412 curb,
sidewalk, pedestrian curb ramp, truncated dome panels, and replacement of sidewalk
removed by C ity employees. T he attachment, Exhibit A, provides an itemized breakdown of
costs.
A standard C ity agreement will be utilized for this project.
B AC K G RO UND :
N A
B UD G E T I M PAC T:
Funding for this project is included in the 2017 operating budget for the Public Works Street
Division.
AT TAC HM E NT S:
Exhibit
Exhibit A
BID TABULATION
PROJECT 2017-131
2017 CONCRETE REMOVAL AND REPLACEMENT SERVICES
ITEM EST.UNIT TOTAL UNIT TOTAL
No.ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE
1 B618 CURB LF 100 $35.00 $3,500.00 $41.00 $4,100.00
2 D412 CURB LF 50 $35.00 $1,750.00 $40.50 $2,025.00
3 SIDEWALK SF 500 $5.50 $2,750.00 $8.00 $4,000.00
4 SIDEWALK REMOVED BY OTHER SF 4,000 $4.00 $16,000.00 $6.25 $25,000.00
5 PEDESTRIAN CURB RAMP SF 100 $10.00 $1,000.00 $8.00 $800.00
6 TRUNCATED DOME PANEL SF 4 $39.00 $156.00 $60.00 $240.00
TOTAL BID $25,156.00 $36,165.00
J.W.S. ConstructionRon Kassa Construction Inc
S:\public-works\private\Projects\2017 Public Infrastructure Projects\2017-131 2017 Concrete Removal & Replacement Services\Bid Tab 2017-131.xlsx
I T E M: 4.M.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Agreement with Metropolitan C ouncil f or 2017 C itizen Assisted L ake Monitoring
P rogram
S taff Contact:
J essica Schaum, Natural Resources Coordinator
D epartment / D ivision:
Natural R esources Division
AC T I O N RE Q UE S T E D:
Approve agreement with the Metropolitan C ouncil for the 2017 C itizen Assisted Lake
Monitoring Program.
S UM M ARY:
T he Citizen Assisted Lake Monitoring Program (C A MP) is an annual lake monitoring
program, implemented by C ity staff and volunteers, to collect water samples from local
lakes. T he 2017 C A MP agreement includes services for water sample collection and
laboratory analysis for C obblestone Lake, Farquar Lake, Long Lake, and Scout Lake.
Lake Alimagnet will be included in the C ity of Burnsville C A MP (Apple Valley will pay 50
percent as a shared cost). Keller Lake and Lac Lavon will be included in the 2017 Black
Dog Watershed Management Organization C A MP. T he same lakes were monitored in 2016.
B AC K G RO UND :
Samples are analyzed at Met Council labs for total phosphorus, nitrogen, and chlorophyll
“a”; standard parameters used to measure lake water quality. A dditionally, water clarity is
measured during each sampling event with a secchi disc.
Lake water samples are collected bi-weekly during 14 sampling events from April through
October. Met C ouncil publishes an annual water quality report for all C A MP lakes.
Approximately 170 metro area lakes are monitored each year.
B UD G E T I M PAC T:
T he cost per lake in 2017 is $550, the same cost as in 2016. T he total cost for Apple Valley
lakes is $2,475, which includes $275 for Lake Alimagnet. C A MP funds are included in the
2017 Storm D rainage Utility budget.
AT TAC HM E NT S:
Agreement
Contract No. 17R004
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
METROPOLITAN COUNCIL AND THE
CITY OF APPLE VALLEY
THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the
"Council") and the City of Apple Valley (the "City"), each acting by and through its duly authorized
officers.
THE ABOVE-NAMED PARTIES hereby agree as follows:
I. GENERAL SCOPE OF AGREEMENT
The Council and the City agree to undertake a volunteer lake sampling study in order to
provide an economical method of broadening the water quality database on lakes in the Twin Cities
Metropolitan Area.
II. SPECIFIC SCOPE OF SERVICES
2.01 Lake Monitoring Program. The City and the Council agree to jointly undertake a
volunteer lake monitoring program as specified below:
a. General Purposes of Program. The volunteer lake monitoring program involves
the use of citizen volunteers to monitor lakes in the Twin Cities Metropolitan Area.
The volunteers will collect surface water samples to be analyzed for total phosphorus
(TP), total Kjeldahl nitrogen (TKN), and chlorophyll-a (CLA). In addition, the
volunteers will measure surface water temperature, water transparency, and fill out a
lake sampling form to help describe the lake and weather conditions at the time of
the sampling event. Lakes will be visited biweekly from April through October of
2017 (the “Monitoring Period”) for the number of times and at the approximate
intervals specified in paragraph (b) below. Each lake will be sampled over the
deepest open water location. After each sampling date, the Council will arrange for
chemical analysis of the samples either through its own laboratory or an outside
laboratory.
b. Specific Lakes Involved. The following lakes and specific lake site(s) listed
below will be involved in the Council’s Citizen-Assisted Lake Monitoring
Program (CAMP) in 2017.
Lake name ID# Maximum # of
sampling dates
Approximate
sampling interval
Cobblestone 19-0456 14 Biweekly
Farquar 19-0023 14 Biweekly
Long 19-0022 14 Biweekly
Contract No. 17R004
2
Scout 19-0198 14 Biweekly
2.02 City Responsibilities. The City agrees that it will have sole responsibility for:
a. Recruiting volunteers (who have access to a boat) to monitor the lakes the
City wishes to involve in the program as listed in section 2.01(b) above.
b. Providing the Council and/or volunteers with needed lake information such
as lake bathymetric maps and access locations.
c. Paying for the laboratory analysis cost of the samples collected by volunteers
which cost is included in the amounts specified in Article III below.
d. Ensuring that the volunteers participate in the training program.
e. Ensuring that the volunteers fill out sampling forms during each sampling
event, and collect and store samples until picked up by a Council
representative.
2.03 Council Responsibilities. The Council agrees that it will:
a. Organize the survey and train volunteers, pick up and deliver samples to the
laboratory, and analyze the results of the lake and City data collection
program.
b. Prepare a final report containing the physical, chemical, and biological data
obtained during the Monitoring Period and a brief analysis of the data.
c. Provide quality control by collecting lake samples from random lakes
involved in the volunteer program. The resulting parameter values will then
be compared to determine if any problems exist involving the volunteer's
sampling methods and what should be done to correct the problem.
d. Provide the sample bottles and labels, and filters for chlorophyll filtration.
III. COMPENSATION; METHOD OF PAYMENT
3.01 Payment to Council. For all labor performed and reimbursable expenses incurred by
the Council under this agreement during the Monitoring Period, the City agrees to pay the Council
the following amounts per lake site listed in section 2.01(b).
Number of Sampling Dates Payment amount (excludes sampling equipment)
8 to 14 $550
6 to 7 $280
1 to 5 $200
Contract No. 17R004
3
For lake sites requiring sampling equipment, the cost for a kit of sampling equipment is
$150 per kit.
3.02 Payment Schedule. Payment of the total amount owing to the Council by the City
shall be made within 30 days following the end of the Monitoring Period. An invoice specifying
the amount owed by the City will be sent under separate cover.
3.03 Additional Analyses. The total amount specified in the previous paragraph does not
include the cost of any additional analyses requested by the City, such as analysis of bottom
samples. The Council will carry out any such additional analyses at the request of the City and
subject to the availability of Council resources for carrying out such analyses. The Council will bill
the City after the end of the Monitoring Period for any such additional analyses at the Council’s
actual cost, and the City will promptly reimburse the Council for any such costs billed.
IV. GENERAL CONDITIONS
4.01 Period of Performance. The services of the Council will commence on April 1,
2017, and will terminate on December 31, 2017, or following work completion and payment,
whichever occurs first.
4.02 Amendments. The terms of this agreement may be changed only by mutual
agreement of the parties. Such changes will be effective only on the execution of written
amendment(s) signed by duly authorized officers of the parties to this agreement.
4.03 City Personnel. Jessica Schaum, or such other person as may be designated in
writing by the City, will serve as the City’s representative and will assume primary responsibility
for coordinating all services with the Council.
4.04 Council's Contract Manager. The Council's Contract Manager for purposes of
administration of this agreement is Brian Johnson, or such other person as may be designated in
writing by the Council’s Regional Administrator. The Council’s Contract Manager will be
responsible for coordinating services under this agreement. However, nothing in this agreement
will be deemed to authorize the Contract Manager to execute amendments to this agreement on
behalf of the Council.
4.05 Equal Employment Opportunity; Affirmative Action. The Council and the City
agree to comply with all applicable laws relating to nondiscrimination and affirmative action. In
particular, the Council and the City agree not to discriminate against any employee, applicant for
employment, or participant in this study because of race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance, membership or activity in a local commission,
disability, sexual orientation, or age; and further agree to take action to assure that applicants and
employees are treated equally with respect to all aspects of employment, including rates of pay,
selection for training, and other forms of compensation.
4.06 Liability. Each party to this agreement shall be liable for the acts and omissions of
itself and its officers, employees, and agents, to the extent authorized by law. Neither party shall be
liable for the acts or omissions of the other party or the other party’s officers, employees or agents.
Contract No. 17R004
4
Nothing in this agreement shall be deemed to be a waiver by either party of any applicable
immunities or limits of liability including, without limitation, Minnesota Statutes, sections 3.736
(State Tort Claims) and chapter 466 (Municipal Tort Claims).
4.07 Copyright. No reports or documents produced in whole or in part under this
agreement will be the subject of an application for copyright by or on behalf of the Council or City.
4.08 Termination of Agreement. The Council and the City will both have the right to
terminate this agreement at any time and for any reason by submitting written notice of the
intention to do so to the other party at least thirty (30) days prior to the specified effective date of
such termination. In the event of such termination, the Council shall retain a pro-rata portion of the
amounts provided for in Article III, based on the number of sampling events occurring for each lake
before termination versus the total sampling events specified for each lake. The balance of the
amounts will be refunded by the Council to the City.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly
authorized representatives on the dates set forth below. This agreement is effective upon final
execution by, and delivery to, both parties.
CITY OF APPLE VALLEY
Date _________________ By_______________________________
Name ____________________________
Its_______________________________
METROPOLITAN COUNCIL
Date_________________ By _______________________________
Its: Asst. Mgr., Water Resources Assessment
I T E M: 4.N.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
A pprove Change Order No. 1 and 2 on A greement with Fendler P atterson C onstruction, I nc.,
f or Administration Offices Service Counter, and A pprove Acceptance and F inal Payment
S taff Contact:
Charles Grawe, A ssistant City Administrator
D epartment / Division:
Administration / I nf ormation Technologies
AC T I O N RE Q UE S T E D:
Approve C hange Order No. 1 and 2 to agreement with Fendler Patterson C onstruction, Inc.,
for Administration Offices Service C ounter project, in the additional amount of
$1,883.00, and approve acceptance and final payment in the amount of $38,970.00.
S UM M ARY:
Over the past several years, the C ity has invested in improvements in the Municipal C enter
that have both improved the delivery of C ity services to our residents and that have
improved the security of the facility. T he improvements involved a three-phase approach.
T his the third and final phase of the overall project.
T he total cost of the original project was $45,303.00. T here were two change orders for an
addition of $1,883.00. T he final cost of the project is $47,186.00.
B AC K G RO UND :
T his project involves construction of a service counter for the Administration office
area similar to the counters found on the first level of the Municipal Center. It also involves
installation of electronic openers for the service counters on the first floor and the installation
of a rear door to the IT office area.
Change Order Item 1: Building permit fee. T he quote provided to the C ity specifically
assumed a waiver of the building permit fee. T he C ity did not waive the building permit fee
and that cost was then added to the project.
Change Order Item 2: Reconfigure A D A counter. One element of the project was the
installation of an A D A compliant counter surface. T he original designed A D A counter
proved to be problematic and posed possible hazards given its relation to the stairs. Staff
requested a reconfigured A D A counter that did not present the same issues.
Staff recommends the C ouncil approve C hange Order No. 1 and 2 addition in the amount of
$1,883.00 to agreement with Fendler Patterson C onstruction, Inc., for Administration Offices
Service C ounter project and approve acceptance and final payment in the amount of
$38,970.00, contingent on receipt of all final payment documents.
B UD G E T I M PAC T:
Item 1: Addition $968.00
Item 2: Addition $915.00
AT TAC HM E NT S:
F inal Pay Documents
F inal Pay Documents
C hange Order D ocument(s)
I T E M: 4.O.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:C onsent Agenda
Description:
Waive S econd R eading and P ass Ordinance A mending Chapter 95 of the City Code, Regulating
P ark Hours
S taff Contact:
B arry B ernstein, P arks and Recreation D irector
Department / Division:
Parks and Recreation Department
AC T I O N RE Q UE S T E D:
Waive second reading and pass ordinance amending C hapter 95 of the City C ode, regulating
park hours.
S UM M ARY:
Parks and Recreation Advisory C ommittee was asked to review C hapter 95, Section 95.04
Regulating Park Hours and recommend any necessary changes. T he C ommittee discussed
this topic at their September 1, 2016, meeting and staff reviewed the results of that
discussion with the C ity C ouncil at the September 8, 2016, informal meeting.
T he Parks and Recreation Advisory Committee again reviewed the information at their
November 3, 2016, meeting and by majority vote recommended C ity C ouncil amend the
general park hours to be 5:00 a.m. to 10:00 p.m., except the use of city-owned and operated
lighted tennis courts and lighted athletic fields shall be permitted until 11:30 p.m.
B AC K G RO UND :
T he matter of park hours was previously presented at the May 2015 Parks and Recreation
Advisory C ommittee meeting. At that time, the Committee recommended an amendment to
Chapter 95, Section 95.04 regulating park hours to allow earlier park access. T he suggested
revision was motivated primarily due to persons entering or utilizing the park to walk or
exercise their family pets prior to the 7:00 a.m. park hour restriction.
City C ouncil asked the Parks and Recreation Advisory C ommittee to revisit their review of
Chapter 95, Section 95.04 Regulating Park Hours and recommend any additional changes
needed to address the evolution of park users as a whole.
T he original ordinance was written, for the most part, in the early 1980s when Apple Valley
was a bedroom community with little late night traffic. T he community has evolved
significantly since then and is now home to many young professionals who keep varied work
schedules. T hey are more likely to want access to recreational areas during non-traditional
hours. T he question is, how do we accommodate them and also address any potential public
safety concerns?
Several area communities were asked to provide their park hours for reference. All surveyed
cities have a similar ordinance that closes the parks overnight. A couple of the cities have a
central park with special hours. Minneapolis has the in-transit provision that allows travel
through the parks at all hours.
Eagan Open 5:00 am to 11:00 pm
Burnsville Open 5:00 am to 10:00 pm
Nicollet Commons
Park Open 5:00 am to 12:00 am
Lakeville Open 6:00 am to 10:00 pm
Rosemount Open 6:00 am to 10:00 pm
Erickson Park Open 6:00 am to 11:00 pm
Farmington Open 7:00 am to 11:00 pm
Minneapolis Open 6:00 am to 10:00 pm (unlit areas)
Minneapolis Open 6:00 am to 12:00 am (areas with lights and pathways)
Minneapolis Allows undelayed travel through parks on lighted paths at other
hours
St. Paul Open Daylight to 11:00 pm
Bloomington Open 30 Minutes Before Sunrise to 10:00 pm
Eden Prairie Open 6:00 am to 10:00 pm
Edina Open 6:00 am to 12:00 am
Minnetonka Open 5:00 am to 10:00 pm
Minnetonka Lighted fields open 20 minutes after end of scheduled game
Woodbury Open 6:00 am to 10:00 pm
B UD G E T I M PAC T:
Up to $10,000.00 for park signage changeovers
AT TAC HM E NT S:
Presentation
Ordinance
9/8/2016
1
Changing Trends in
Public Park Use
Accommodating Emerging Park Activities
During Non-Traditional Times of Day
Existing Ordinance
•95.04 Hours: Parks shall be opened at 7:00 a.m. and
closed at 10:00 p.m., except the use of city-owned
and operated lighted tennis courts and lighted
athletic fields shall be permitted until 11:30 p.m. No
person other than a city agent, employee or police
officer acting in his or her official capacity shall be
in any park during the hours the park is closed.
•Note: Some older park signs still have previous
language of Sunrise to 10:00 pm creating some
confusion for early morning users.
9/8/2016
2
Other City Park Hours
•Eagan:Open 5:00 am to 11:00 pm
•Burnsville:Open 5:00 am to 10:00 pm
o Nicollet Commons Park Open 5:00 am to 12:00 am
•Lakeville:Open 6:00 am to 10:00 pm
•Rosemount:Open 6:00 am to 10:00 pm
o Erickson Park Open 6:00 am to 11:00 pm
•Farmington: Open 7:00 am to 11:00 pm
•Minneapolis:Open 6:00 am to 10:00 pm (unlit areas)
o Open 6:00 am to 12:00 am areas with lights and pathways
o Allows undelayed travel through parks on lighted paths at other hours
•St. Paul: Open Daylight to 11:00 pm
•Bloomington:Open 30 Minutes Before Sunrise to 10:00 pm
•Eden Prairie: Open 6:00 am to 10:00 pm
•Edina: Open 6:00 am to 12:00 am
•Minnetonka:Open 5:00 am to 10:00 pm
o Lighted fields open 20 minutes after end of scheduled game
•Woodbury: Open 6:00 am to 10:00 pm
Historical Context
•Existing ordinance written at a time when the City
was a bedroom community and there was a sense
that nothing good would be happening in a park
after 10:00 pm.
•Early morning activity or use of the park space
wasn’t as common.
•Parks were generally in residential areas and didn’t
abut commercial properties with later hours of
operation
9/8/2016
3
Rationale for Night‐time
Closure: Issues for Neighbors
•Many parks abut residential properties that could
be bothered by noise or light generated in the park
(particularly when park parking lots and vehicles
are involved)
•Some neighborhoods are very sensitive to activity in
bordering parks and actively call in violations
•Want to discourage undesirable behaviors like
public drinking, indecent activity, encampment, or
holding late-night parties
Rationale for Night‐time
Closure Issues for Park Users
•There are public safety concerns over having
people in parks after dark
•Parks could become targets for criminals to target
unsuspecting park users for assault or robbery
•Parks are generally not well lit and the natural
terrain offers a wide variety of trip and fall hazards
•Low visibility can create surprise and possibly
problematic encounters with pets being walked
9/8/2016
4
Changing Circumstances
•Our community has grown significantly with parks
very near commercial areas and social norms and
behaviors are also changing.
•Increased focus on health and wellness has
encouraged people to exercise when they have
free time, even if it is after dark.
•Changes in school enrollment and transportation
policies mean more children using paths to get to
school bus stops in early morning.
•Virtual reality of mobile applications changes how a
public space is “used”
New Demands to Use Parks
Outside of Current Park Hours
•People exercise / walk pets before work in morning
•More people using pedestrian / bike pathways as
transportation corridors and need to travel outside
of the park hours to go to work or school
•More clubs / organizations using parks for group
activities (exercise groups, churches), some at non-
traditional hours
•Emerging non-traditional uses like Pokemon Go
where users may not be interested in park amenities
and expect 24x7 access
9/8/2016
5
Policy Challenges
•We need to enforce our ordinances consistently
•Residential property owners abutting parks have
established expectations of peace and quiet in the
parks after 10:00 pm
•People looking to use parks outside of existing hours
in non-traditional ways will likely be unhappy with
ordinance and enforcement efforts
Policy Options /
Questions
•Is a change to the general hours of operation in
some or all parks to accommodate emerging non-
traditional park use demands necessary?
•If a general change is appropriate, what new hours
of operation are desirable for what parks?
•Should all of the parks have the same hours or
operation or should some form of categorization
with different hours be implemented?
•Is an “ in transit” provision used by Minneapolis an
appropriate exception to allow undelayed night-
time travel through parks?
9/8/2016
6
Minneapolis
•General Park Hours
•6 a.m. - midnight (in developed park areas)6 a.m. - 10 p.m. (in undeveloped park areas)
•PARK HOURS are established by Ordinance PB2-33:
•(a) Except as otherwise provided in the Code, no person shall be in or remain in any park between the hours of 12:00 midnight and 6:00 a.m., unless taking part in an activity conducted by, or pursuant to a permit issued by, the park board. This section shall not apply to those who, without delay, are traveling upon those established walks, paths, and parkways which are illuminated with artificial lighting.
•(b) No person shall be in or remain in any undeveloped portion of any park between the hours of 10:00 p.m. and 6:00 a.m.on the following morning, unless taking part in an activity conducted by, or pursuant to a permit issued by, the park board. For purposes of this subparagraph, "undeveloped" shall mean any area which does not have both of the following items: Illumination by lights and established pathways, maintained by the park and recreation board.
•PARK HOURS are part of the Minneapolis Park and Recreation Board's Ordinances(Chapter 2 General Regulations Governing Conduct, section 33). The Code of Ordinances for the City of Minneapolis, which includes the Park Board Ordinances, is posted on the City of Minneapolis Website and maintained online by Municipal Code Corporation (MCC).
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 95 OF THE CITY CODE ENTITLED "PARKS AND RECREATION" BY
AMENDING SECTION 95.04 REGULATING PARK HOURS.
The City Council of Apple Valley ordains:
Section 1. Section 95 of the Apple Valley City Code is hereby amended by changing
Section 95.04 to read as follows:
§ 95.04 HOURS.
Parks shall be opened at 7:00 a.m. and closed at 10:00 p.m., except the use of city-owned
and operated lighted tennis courts and lighted athletic fields shall be permitted until 11:30 p.m.
No person other than a City agent, employee or police officer acting in his or her official capacity
shall be in any park during the hours the park is closed. Parks shall be opened at 5:00 a.m. and
closed at 10:00 p.m., except:
(a) the use of City-owned and operated lighted tennis courts and lighted athletic
fields shall be permitted until 11:30 p.m.; and
(b) events or activities authorized by the City shall be permitted until 12:00 a.m.
midnight.
Section 2. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED this ____ day of _______________, 2017.
_______________________________
Mary Hamann-Roland, Mayor
ATTEST:
______________________________
Pamela J. Gackstetter, City Clerk
Date Ordinance Adopted: ___________________________
Date Ordinance Published in Legal Newspaper: ____________________________
H:Park Ordinances:Section 95 04 re Park Hours.doc
I T E M: 4.P.
C O UNC I L ME E T I NG D AT E:May 11, 2017
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 11, 2017
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)
Lucas Aronson Hire Lifeguard II Seasonal 1930 $ 11.30 Hourly C-03 5/25/2017
Nathan Boe Rehire Lifeguard Seasonal 1940 $ 10.50 Hourly C-02 5/25/2017
Bryce Borca Hire Recreation Program Leader Seasonal 1800 $ 10.25 Hourly C-02 6/1/2017
Kelsey Brumm Rehire
Lead Food & Beverage
Server Seasonal 5105 $ 11.00 Hourly C-03 5/15/2017
Anthony Buckner Hire
Recreation Program
Supervisor - Teen Center
Part-Time,
Variable 1800 $ 16.20 Hourly C-07 5/1/2017
Samuel Conlin Hire Food & Beverage Cook
Part-Time,
Variable 5105 $ 11.30 Hourly C-04 5/15/2017
Anja Dauk Hire Lifeguard Seasonal 1940 $ 10.50 Hourly C-02 5/25/2017
Katelyn Domack Rehire Lifeguard Seasonal 1940 $ 10.50 Hourly C-02 5/25/2017
Mitch Dunbar Rehire Maintenance I Seasonal 1710 $ 12.15 Hourly SM1 5/15/2017
Kaitlyn Finkel Hire Maintenance I Seasonal 1710 $ 11.83 Hourly SM1 5/15/2017
Allyson Johnson Hire Lifeguard II Seasonal 1940 $ 11.30 Hourly C-03 5/25/2017
Maggie Johnson Hire Lifeguard II Seasonal 1930 $ 11.30 Hourly C-03 5/25/2017
Harry Klein Hire
Cable Access Production
Assistant
Part-Time,
Regular 2012 $ 19.64 Hourly PT125 5/15/2017
Katherine Kop Hire
Recreation Program
Instructor II - Pre School
Part-Time,
Variable 1800 $ 14.35 Hourly C-07 5/1/2017
Gus Krech Hire Maintenance I Seasonal 1710 $ 11.83 Hourly SM1 5/15/2017
Samuel Larkin Rehire Lifeguard II Seasonal 1940 $ 11.30 Hourly C-03 5/25/2017
Noah Lindner Hire Maintenance I Seasonal 1710 $ 11.83 Hourly SM1 5/15/2017
Blake Longhenry Hire Maintenance I Seasonal 1710 $ 11.83 Hourly SM1 5/15/2017
Roger Mardikian Rehire Maintenance I Seasonal 5105 $ 12.89 Hourly SM1 5/1/2017
Annette Maurer
Accept
Resignation Firefighter
Paid on Call
Volunteer 1300 4/24/2017
Dane McDevitt Hire Maintenance I Seasonal 5105 $ 11.83 Hourly SM1 4/21/2017
Garrett McKay Rehire Lifeguard II Seasonal 1940 $ 12.20 Hourly C-03 5/25/2017
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the
employment of the City personnel.
Page 1 of 2
PERSONNEL REPORT
May 11, 2017
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)
Lauren McKay Rehire Lifeguard Seasonal 1940 $ 10.50 Hourly C-02 5/25/2017
Anna Milbauer Rehire Lifeguard Seasonal 1940 $ 10.50 Hourly C-02 5/25/2017
Nicolas Perkins Rehire Lifeguard II Seasonal 1940 $ 11.30 Hourly C-03 5/25/2017
Jacob Rada Rehire Lifeguard Seasonal 1940 $ 10.75 Hourly C-02 5/25/2017
Shaun Skrbec Rehire Maintenance I Seasonal 5305 $ 12.15 Hourly SM1 5/15/2017
Jacob Sweitzer Hire Maintenance I Seasonal 1710 $ 11.83 Hourly SM1 5/15/2017
Grant Udelhofen Rehire Maintenance I Seasonal 1600 $ 12.15 Hourly SM1 5/15/2017
Carson Westra Hire Maintenance I Seasonal 5105 $ 11.83 Hourly SM1 5/15/2017
Matthew Zarras
Accept
Resignation Liquor Sales Clerk
Part-Time,
Regular 5020 5/6/2017
The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the
employment of the City personnel.
Page 2 of 2
I T E M: 4.Q.
C O UNC I L ME E T I NG D AT E:May 11, 2017
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 19, 2017, and A pril 26, 2017, in the amounts of $747,708.21 and
$1,047,593.16, 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 11, 2017
S E C T I O N:Regular Agenda
Description:
P roclaim May 19-20, 2017, as "Poppy D ays" and May 2017 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 19-20, 2017, as "Poppy D ays" and May 2017 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 19th and 20th of May 2017, 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 11th day of May, 2017.
___________________________________
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 11, 2017
S E C T I O N:Regular Agenda
Description:
P roclaim May 29, 2017, as “Memorial D ay”
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 29, 2017, as “Memorial D ay”.
S UM M ARY:
Attached is a proclamation recognizing the Federal Proclamation declaring May 29, 2017, as
Memorial Day and inviting citizens to set the day aside as a day of remembrance for those
who were casualties and injured in the various wars and police actions of the United States.
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, Memorial Day has been observed in the United States since General Logan,
of the Grand Army of the Republic, issued General Order No. 11 on May 5, 1868, setting aside
May 30, 1868, for the purpose of strewing flowers or otherwise decorating the graves of soldiers,
of the Federal and Confederate troops, who lost their lives in the Civil War that raged from 1861
to 1865; and
WHEREAS, over 548,649 men and women who have been killed in action or lost their
lives from other causes in wars and police actions in defense of the United States of America,
this includes the 6,774 lives lost in Operations Enduring Freedom and Iraqi Freedom, and current
operations New Dawn, Freedom’s Sentinel, and Operation Inherent Resolve accounting for 150
lives lost is a constant reminder of their sacrifice for the freedom of United States citizens and
others around the world.
NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County,
Minnesota, hereby acknowledges the Federal Proclamation of May 29, 2017, as:
“MEMORIAL DAY”
and asks that all citizens set aside May 29, 2017, as a day of remembrance; and invites all
citizens to attend the memorial ceremony scheduled for 11:00 a.m., at the Apple Valley
American Legion Memorial.
FURTHER, citizens are reminded that flag etiquette provides that all flags be flown at
half staff, until 12:00 noon, in a special salute to the sacrifice of the casualties and injured in the
various wars and police actions.
PROCLAIMED this 11th day of May, 2017.
Mary Hamann-Roland, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 5.C.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:Regular Agenda
Description:
2017 Special A ssessment Roll No. 650, $155,625.54 – Delinquent Utilities
S taff Contact:
Cathy B roughten, A ssistant F inance Director
D epartment / D ivision:
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 2017 Special Assessment Roll No. 650, delinquent utility
charges, in the amount of $155,625.54, minus any prepayments.
S UM M ARY:
Attached please find the public hearing documents for the 2017 Special Assessment Roll
No. 650 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.
B AC K G RO UND :
T he process followed is to complete a certification process of delinquent accounts twice per
yea r. T his twice per year process is unusual for metro area cities, but protects the city by
accelerating the process of establishing the unpaid amounts as a lien on the property and
avoiding issues that may arise by property owners filing bankruptcy. T he certification
process also serves as the city’s “collection agency” and collection process.
T he spring certification process started with a letter being sent March 1, 2017 to all
customers who have a delinquent balance, notifying them that if the account was not paid
by March 24, 2017, the delinquent amounts would be certified for collection. Once this
payment deadline had passed, a list of remaining delinquent accounts was prepared and is
included for the certification process. Following the City C ouncil 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 11, 2017 and C ouncil 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 $155,625.54 and represented 489
accounts. T his amount is up from the fall 2016 certification total of $150,436.43, which
included 538 accounts. It is also higher than the spring 2016 amount of $137,712.06 which
included 504 accounts. We have received $36,419.60 payments to date, which brings the
current balance down to $119,205.94.
History of recent certifications:
Spr ing '13 Fall'13 Spring '14 Fall '14 S pr ing '15 Fall '15 Spring '16 Fall '16
A mo un t Cer fi ed $177,414 $141,490 $168,683 $173,745 $162,825 $152,995 $137,712 $150,436
N u mb er of a/c's 562 571 549 637 515 563 504 538
Average $316 $248 $307 $273 $316 $272 $273 $280
Prepayments will be accepted by the C ity until Monday, J une 12, 2017. At that time, the
balance will be submitted to Dakota County to be levied on the 2018 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 I M PAC T:
T he ultimate adoption of the assessment roll and the collection of the certified amounts will
avoid having to write-off $155,625.54 of previously billed utility revenues.
AT TAC HM E NT S:
R esolution
Exhibit
EXTRACT OF MINUTES OF MEETING
OF THE CITY COUNCIL OF THE
CITY OF APPLE VALLEY, DAKOTA COUNTY
MINNESOTA, HELD ON MAY 11, 2017
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 11th day of May, 2017, 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 650 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. 2017-xx and moved its adoption:
* * * * * * * * * * *
CITY OF APPLE VALLEY
RESOLUTION NO. 2017-
RESOLUTION APPROVING AND LEVYING SPECIAL ASSESSMENTS
WHEREAS, public hearings have been duly held this 11th day of May, 2017, concerning
the proposed assessment roll as set forth in Council Resolution No. 2017-55 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. 2017-55, 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 13, 2017, in the aggregate amount
of $155,625.54 subject to prepayments during the hearing process of $36,419.60, which
changes result in a revised aggregate amount of $119,205.94, 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 650, adopted for hearing purposes by Resolution No.
2017-55 and to attach the amended assessment roll in the amount of $119,205.94, to this
Resolution as Exhibit B, now containing 6 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. 2017-55 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 11th day of May, 2017.
____________________________________
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 11th day of May,
2017.
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 _______________, 2017.
___________________________________
Pamela J. Gackstetter, City Clerk
Exhibit A
RESOLUTION NO. 2017-
None
Exhibit B
Resolution Number 2017-55
Delinquent Utility Accounts
Assessment #650
PID Name Address Account #Plat_Name Amount
01-02200-50-020 MILLICENT WARRINGTON 13421 CEDAR AVE 0630134215 UNPLATTED $139.28
01-10330-01-030 RANDY GOEKE 14314 HEYWOOD AVE 0588143145 ACADEMY PLACE $283.21
01-10350-02-080 THERESA MERANDA 14351 HEMLOCK CT S 0363143518 ACADEMY VILLAGE $194.18
01-10350-02-160 DESIREE ROSENBLOOM 14322 HEMLOCK CT S 0363143229 ACADEMY VILLAGE $353.52
01-10350-02-170 MIKE WOODWORTH 14342 HEMLOCK CT S 0363143427 ACADEMY VILLAGE $158.09
01-10350-06-001 JACQULINE WIESER 14356 HEMLOCK CT S 0363143567 ACADEMY VILLAGE $192.29
01-10350-20-002 GLORIA AGABATOR 14249 HAYES RD 0360142497 ACADEMY VILLAGE $480.63
01-10350-20-004 LAMONT JACOBS 14255 HAYES RD 0360142554 ACADEMY VILLAGE $283.12
01-10350-40-002 LESLIE CALVILLO 14327 HEMLOCK CT S 0363143278 ACADEMY VILLAGE $289.85
01-10350-40-005 BRETTA BORK 14337 HEMLOCK CT S 0363143377 ACADEMY VILLAGE $363.61
01-11650-02-140 COREY A LARSON 7249 158TH ST W 0210072490 APPLE PONDS $280.30
01-11650-03-210 ERIC ASLESON 7361 UPPER 157TH ST W 0209073616 APPLE PONDS $260.82
01-11651-01-010 THERESA WINTER 15940 GARRETT PATH 0060159405 APPLE PONDS 2ND $263.31
01-11651-03-090 JASON DALEY 15861 GARRETT PATH 0060158613 APPLE PONDS 2ND $41.65
01-11651-06-010 DAT DAM 15720 GALLERY AVE 0062157209 APPLE PONDS 2ND $199.55
01-11652-01-050 JOSE GOMEZ 15852 GALVESTON AVE 0107158527 APPLE PONDS 3RD $393.58
01-11652-03-010 LEE HEGGEN 7198 158TH ST W 0210071989 APPLE PONDS 3RD $235.89
01-11652-05-030 ROBBIE RUDEBUSCH 15894 GALVESTON AVE 0107158949 APPLE PONDS 3RD $137.23
01-11653-02-020 DIANE ARNOLD 7066 159TH ST W 0215070663 APPLE PONDS 4TH $347.56
01-11700-01-040 DIANE CREWS 212 SPRUCE DR 0402002121 APPLE VALLEY $164.70
01-11700-02-090 PAULA WICKLUM 184 LINDEN CIR 0375001845 APPLE VALLEY $376.80
01-11701-02-040 LESLY KEATON 277 ELM DR 0351002775 APPLE VALLEY 2ND $130.37
01-11701-03-240 DENISE CLENDENING 253 WALNUT LN 0414002531 APPLE VALLEY 2ND $441.98
01-11702-03-020 JOHN ULRICH 224 GARDEN VIEW DR 0354002244 APPLE VALLEY 2ND $256.03
01-11702-07-170 SUE NANKIVELL 277 PINEWOOD DR 0393002775 APPLE VALLEY 2ND $135.44
01-11702-07-320 TYLER ZEHRING 357 WALNUT LN 0414003570 APPLE VALLEY 2ND $285.00
01-11702-07-350 DAVID HURLEY 345 WALNUT LN 0414003455 APPLE VALLEY 2ND $301.78
01-11702-08-080 MARK STATELY 317 WALNUT LN 0414003174 APPLE VALLEY 2ND $196.66
01-11702-08-170 MATTHEW WILSON 272 PINEWOOD DR 0393002726 APPLE VALLEY 2ND $252.06
01-11702-09-080 DONALD KRESSIN 284 WALNUT LN 0414002846 APPLE VALLEY 2ND $256.62
01-11702-10-100 DAVID HOFRICHTER 146 JUNIPER LN 0372001467 APPLE VALLEY 2ND $317.09
01-11702-11-110 JON UNSTAD 175 JUNIPER LN 0372001756 APPLE VALLEY 2ND $60.38
01-11703-02-140 JEFFREY GINTZ 908 MCINTOSH DR 0061009088 APPLE VALLEY 4TH $297.71
01-11703-02-201 TRISHA TAYLOR 913 ORIOLE DR 0070009137 APPLE VALLEY 4TH $363.98
01-11703-03-070 PETRA MONTEREY 953 CORTLAND DR 0013009533 APPLE VALLEY 4TH $226.92
01-11703-04-130 THOMAS MCKENNA 884 ORIOLE DR 0070008840 APPLE VALLEY 4TH $317.36
01-11703-07-090 MICHELLE FREEMAN 909 MINJON DR 0058009091 APPLE VALLEY 4TH $203.23
01-11703-07-100 KRIS AUGDAHL 913 MINJON DR 0058009133 APPLE VALLEY 4TH $229.06
01-11703-09-040 ROBB SANDEY 952 BEACON LN 0007009523 APPLE VALLEY 4TH $172.54
01-11703-10-170 JAMES BERGEN 921 DUCHESS LN 0022009219 APPLE VALLEY 4TH $325.10
01-11705-06-050 JIM VOGEL 933 WHITNEY DR 0100009339 APPLE VALLEY 6TH $426.80
01-11706-01-030 ROBERT KNOUREK 192 COUNTY ROAD 42 0019001922 APPLE VALLEY 6TH $405.59
01-11706-01-110 CYNTHIA KASEL 965 ORIOLE DR 0070009657 APPLE VALLEY 6TH $617.82
01-11706-04-010 KENNETH C THOMAS 975 CORTLAND DR 0013009756 APPLE VALLEY 6TH $364.50
01-11706-04-050 CARRIE TESSMAN 991 CORTLAND DR 0013009913 APPLE VALLEY 6TH $296.04
01-11706-05-050 MARGIE KISSNER 980 CORTLAND DR S 0016009803 APPLE VALLEY 6TH $368.33
01-11706-08-030 ANDREW FRAME 988 WHITNEY DR 0100009883 APPLE VALLEY 6TH $153.34
01-11706-08-130 ADAM REED 948 WHITNEY DR 0100009487 APPLE VALLEY 6TH $127.75
01-11707-02-010 RICHARD HANOUSEK 869 MCINTOSH DR 0061008692 APPLE VALLEY 8TH $371.18
01-11707-06-090 VALERIE L SAUL-TAYLOR 816 MCINTOSH DR 0061008163 APPLE VALLEY 8TH $416.42
01-11707-07-050 JULIE MOLDENHAUER 876 MCINTOSH DR 0061008767 APPLE VALLEY 8TH $190.23
01-11707-09-070 HUGH O'DONNELL 825 ORIOLE DR 0070008253 APPLE VALLEY 8TH $306.92
01-11707-10-030 JULIE A EMRY 848 ORIOLE DR 0070008485 APPLE VALLEY 8TH $270.54
01-11707-12-100 ADAM SWARTS 771 NEWELL DR 0067007714 APPLE VALLEY 8TH $280.59
01-11707-15-080 ROBERT LUNDQUIST 808 NEWELL DR 0067008084 APPLE VALLEY 8TH $355.79
01-11709-01-020 JAMIE A EVERETTS 72 COUNTY ROAD 42 0019000726 APPLE VALLEY 10TH $360.25
01-11709-01-090 JODY L JOHNSON 843 HARALSON DR 0043008430 APPLE VALLEY 10TH $439.81
01-11709-02-010 MATT DURBIN 831 JONATHAN DR 0049008319 APPLE VALLEY 10TH $402.32
01-11709-04-080 MICHAEL CROSS 830 JONATHAN DR 0049008301 APPLE VALLEY 10TH $237.43
01-11710-01-060 MARK OLSON 248 COUNTY ROAD 42 0019002482 APPLE VALLEY 11TH $318.14
01-11710-01-190 JEFF CARPENTER 1067 LOWELL DR 0055010670 APPLE VALLEY 11TH $356.05
01-11710-01-350 CHRISTINE KONAKOWITZ 1005 BALDWIN DR 0004010052 APPLE VALLEY 11TH $405.57
01-11710-04-040 TRACI QUINN 1028 RAMSDELL DR 0079010284 APPLE VALLEY 11TH $199.55
01-11711-05-080 BRIANNA RAUSCHER 938 REDWOOD DR 0088009384 APPLE VALLEY 12TH $105.91
01-11711-05-090 TOM NOBLE 934 REDWOOD DR 0088009343 APPLE VALLEY 12TH $190.53
01-11711-07-350 PAUL HENJUM 1075 WHITNEY DR 0100010758 APPLE VALLEY 12TH $206.83
01-11712-02-010 ERIC SCHICKLING 1006 WHITNEY DR 0100010063 APPLE VALLEY 13TH $315.10
01-11750-03-030 CHARLES HAYSLETT III 15126 DUNBAR BLVD 0025151265 APPLE VALLEY EAST $393.71
01-11750-04-060 GETAHUN TESFAYE 15344 DUNBAR AVE 0024153445 APPLE VALLEY EAST $283.87
01-11750-04-110 RESIDENT 15144 DUNBAR BLVD 0025151448 APPLE VALLEY EAST $101.58
01-11751-04-020 GREGORY SKOGEN 4609 152ND ST W 0202046098 APPLE VALLEY EAST 2ND $50.45
Page 1 of 6
Exhibit B
Resolution Number 2017-55
Delinquent Utility Accounts
Assessment #650
PID Name Address Account #Plat_Name Amount
01-11751-05-060 JOHN MARKGRAF 15355 DRESDEN WAY 0018153559
APPLE VALLEY EAST 2ND $292.00
01-11753-02-120 CHRISTOPHER BOCKWOLDT 15405 DRESDEN TRL 0020154058
APPLE VALLEY EAST 4TH $322.61
01-11753-04-020 BRAD RUTH 15472 DREXEL WAY 0657154724
APPLE VALLEY EAST 4TH $326.50
01-11754-03-050 JASON CHRISTIANSON 15494 DRESDEN TRL 0020154942
APPLE VALLEY EAST 5TH $319.45
01-11755-01-080 DIANNE MORITZ 15105 DUNBAR CT 0026151058
APPLE VALLEY EAST 6TH $299.25
01-11755-01-140 GREG REIMERS 15110 DUNBAR CT 0026151108
APPLE VALLEY EAST 6TH $338.03
01-14700-01-060 FORECLOSURE-WATER OFF? 140 HAYES RD 0360001404
BOB'S GARDEN VIEW $196.67
01-14700-01-080 WILLIAM ROHR 132 HAYES RD 0360001321
BOB'S GARDEN VIEW $248.61
01-14700-02-120 PATRICIA PUTNAM 140 STRESE LN 0408001408
BOB'S GARDEN VIEW $426.71
01-14701-03-010 SCOTT BERG 128 STRESE LN 0408001283
BOB'S GARDEN VIEW 2ND $247.13
01-14701-03-100 JAMES ROBERTS 137 WALNUT CIR 0411001379
BOB'S GARDEN VIEW 2ND $387.01
01-14702-01-010 THOMAS STANDAFER 129 GARDEN VIEW DR 0354001295
BOB'S GARDEN VIEW 3RD $266.67
01-14702-03-050 JEREK DAIN 188 WALNUT LN 0414001889
BOB'S GARDEN VIEW 3RD $294.51
01-14702-03-160 JENNIFER ROSA 193 COUNTY ROAD 42 0345001933
BOB'S GARDEN VIEW 3RD $316.26
01-14703-03-050 JUDY WENNBERG 144 OAKWOOD RD 0381001441
BOB'S GARDEN VIEW 4TH $334.98
01-15200-03-010 PAUL DORNBACH 7022 121ST ST W 0774070220
BRIAR OAKS OF AV $57.50
01-15201-01-070 RORY BERNSTEIN 12067 GANTRY CT 0744120675
BRIAR OAKS OF AV 2ND $478.25
01-15201-05-010 JULIE LONDGREN 7138 121ST ST W 0774071384
BRIAR OAKS OF AV 2ND $301.37
01-15201-05-030 LYNN KOSLOSKE 7162 121ST ST W 0774071624
BRIAR OAKS OF AV 2ND $405.32
01-15201-05-130 WOODROE FRANKLIN 12114 GANTRY LN 0743121146
BRIAR OAKS OF AV 2ND $284.07
01-16300-02-010 THIENNHIEN BUI 14571 GUTHRIE AVE 0358145718
CARROLLTON ESTATES $165.44
01-16301-01-120 PETER OLSEN 14639 HARRINGTON PL 0418146391
CARROLLTON ESTATES 2ND $452.20
01-16301-04-090 BETTY ANNE MYERS 8070 UPPER 146TH ST W 0330080702
CARROLLTON ESTATES 2ND $354.55
01-16302-04-120 CHARLES WEISMAN 8064 LOWER 147TH ST W 0334080641
CARROLLTON ESTATES 3RD $196.86
01-16303-03-420 LISA FLAHERTY 7953 147TH ST W 0333079537
CARROLLTON ESTATES 3RD $108.46
01-16303-03-490 RESIDENT 7935 147TH ST W 0333079354
CARROLLTON ESTATES 3RD $633.10
01-16400-01-120 DONALD WILLIAMS 14444 LOWER GUTHRIE CT 0355144441
CARROLLWOOD VILLAGE $143.27
01-16401-01-030 PERRY LYNUM 14409 GUTHRIE WAY 0356144093
CARROLLWOOD VILLAGE 2ND $272.93
01-16401-02-040 STEVEN HILL 14455 GUTHRIE WAY 0356144556
CARROLLWOOD VILLAGE 2ND $304.27
01-16580-04-060 BOBBI WATTS 14222 FREEPORT TRL 0708142223
CEDAR ISLE ESTATES $346.41
01-16580-08-080 MICHAEL RICKERT 14205 FREEPORT TRL 0708142058
CEDAR ISLE ESTATES $459.98
01-16581-02-130 JUDITH ESCAMILA 14015 FREEPORT CT 0738140155
CEDAR ISLE ESTATES 2ND $403.75
01-16585-01-050 KYLE FARNESS 14255 FOOTBRIDGE WAY 0846142556
CEDAR ISLE ESTATES 6TH $261.85
01-16591-02-100 BRIAN BALLINGER 14354 FLORA CT 0741143543
CEDAR ISLE VILLAGE HOMES 2ND $185.46
01-17002-01-090 MAHA SAADEH 8230 HAVELOCK CT 0533082307
CHATEAU ESTATES 3RD $266.35
01-17152-01-020 ISAAK GEEDI 13417 GENEVA WAY 0756134171
CHERRY OAK ESTATES 3RD $472.36
01-18052-03-220 RESIDENT 15588 DUNBERRY CIR 0072155888
COBBLESTONE 3RD $258.70
01-18060-10-010 STEVE KYLLO 15850 DUMONT LN 0877260143
COBBLESTONE LAKE SOUTH SHORE $482.74
01-18062-04-010 JEFFREY HAMMILL 15889 EASTBEND WAY 0877261748
COBBLESTONE LAKE SOUTH SHORE 3RD $609.84
01-18062-06-020 ABDI DHINBIL 15872 EASTCHESTER RD 0877261398
COBBLESTONE LAKE SOUTH SHORE 3RD $427.14
01-18062-06-070 ERIC S ALLEN 15877 DUXBURY LN 0877261813
COBBLESTONE LAKE SOUTH SHORE 3RD $381.52
01-18062-07-080 ABDULLAHI RAZAK 4942 159TH ST W 0877261393
COBBLESTONE LAKE SOUTH SHORE 3RD $338.17
01-18062-07-090 SHARIFF RASOUL 4930 159TH ST W 0877261443
COBBLESTONE LAKE SOUTH SHORE 3RD $323.00
01-18076-02-190 SHANNON WASHINGTON 8682 134TH ST W 0583086828
COBBLESTONE MANOR 2ND $403.52
01-18077-01-020 KENT TROYER 8681 134TH ST W 0583086810
COBBLESTONE MANOR 3RD $232.55
01-18150-01-100 JUDY VAN VOORHIS 8520 135TH ST W 0584085209
COBBLESTONES I $344.31
01-18150-03-102 HOSSAM AFIFI 8657 135TH ST W 0584086579
COBBLESTONES I $377.73
01-18151-01-010 DAVID C ANDERSON 8637 135TH ST W 0584086371
COBBLESTONES I REPLAT $542.95
01-18300-03-010 ROBERT MARSH 15430 EAGLE BAY WAY 0877262573 CORTLAND $372.95
01-18301-03-020 CHRIS JONES 15315 EAGLE BAY WAY 0877263143 CORTLAND 2ND $513.90
01-19900-02-020 ERLAND FLAMING 5262 144TH ST W 0170052623
DELANEY PARK $363.15
01-19902-01-040 MARK SAUER 14593 EMBRY PATH 0032145938
DELANEY PARK 3RD $552.64
01-19902-01-050 TOM BISHOP 14607 EMBRY PATH 0032146076
DELANEY PARK 3RD $378.36
01-20500-02-070 KURT RUBERG 14684 DORY CT 0663146847
DIAMOND PATH $204.50
01-20500-02-250 JASON LINDNER 14685 DENMARK CT 0645146857
DIAMOND PATH $314.80
01-20500-03-280 REBECCA SHAW 14715 DOMINICA CT 0654147150
DIAMOND PATH $319.39
01-20502-01-200 PAUL BROWN 5178 148TH PATH W 0192051785
DIAMOND PATH 3RD $279.14
01-20502-01-210 REGINALD TULK 5154 148TH PATH W 0192051546
DIAMOND PATH 3RD $112.54
01-20502-02-070 JOSEPH BETLEY 14898 EASTER AVE 0660148986
DIAMOND PATH 3RD $256.26
01-20502-05-050 JASON EVANS 14944 DUNDEE AVE 0029149448
DIAMOND PATH 3RD $186.50
01-20502-08-110 JARED PERO 4985 148TH PATH W 0192049854
DIAMOND PATH 3RD $302.68
01-20502-09-050 PHILLIP RAMEY 5120 148TH PATH W 0192051207
DIAMOND PATH 3RD $342.61
01-20503-01-040 JAMES ARNOLD 14940 ECHO WAY 0033149400
DIAMOND PATH 4TH $308.78
01-20503-01-060 TYRONE PRIMOLI 14946 ECHO WAY 0033149467
DIAMOND PATH 4TH $267.25
01-20503-02-160 MOHMUD HAGUF 14850 ECHO WAY 0033148501
DIAMOND PATH 4TH $427.43
01-20503-02-230 ROBERT B MASK JR 14918 ECHO WAY 0033149186
DIAMOND PATH 4TH $318.12
01-20503-02-250 KEVIN WAY 14922 ECHO WAY 0033149228
DIAMOND PATH 4TH $245.53
01-20504-02-270 TRUDY BUFORD 5347 UPPER 147TH ST W 0869053474
DIAMOND PATH 5TH $133.70
01-20505-01-052 DARRIN CHANCE-WATER OFF 5090 147TH ST W 0184050902
DIAMOND PATH 6TH $202.87
01-20505-01-090 RAYMOND HENDERSON 5115 148TH ST W 0191051158
DIAMOND PATH 6TH $347.98
01-20505-01-131 JOANNE MERTZ 14794 EMBRY PATH 0032147942
DIAMOND PATH 6TH $130.31
Page 2 of 6
Exhibit B
Resolution Number 2017-55
Delinquent Utility Accounts
Assessment #650
PID Name Address Account #Plat_Name Amount
01-20505-01-132 SUSAN ANDERSON 14792 EMBRY PATH 0032147926
DIAMOND PATH 6TH $259.63
01-20508-01-100 GENICE S FOSTER 14896 EMBRY PATH 0032148965
DIAMOND PATH 9TH $140.82
01-20508-02-050 STEPHEN POPPLER 14861 ECHO WAY 0033148618
DIAMOND PATH 9TH $238.73
01-20508-02-170 YVONNE ELLEVOLD 5130 148TH ST W 0191051307
DIAMOND PATH 9TH $202.87
01-20509-01-160 MARYLYN O'NEIL 14959 ECHO WAY 0033149590
DIAMOND PATH 10TH $299.14
01-22425-04-050 TED K TAKAHASHI 7130 UPPER 136TH ST W 0816071306
EAGLE POND 1ST ADDN $167.97
01-22451-01-090 ELIZABETH GOBINA 13629 GLASGOW LN 0767136298 EAGLE RIDGE ESTATES 2ND $421.49
01-22451-02-030 ANGELA JOHNSON 13594 GLASGOW LN 0767135944 EAGLE RIDGE ESTATES 2ND $439.36
01-23200-01-020 BALDWIN SAWYER 13320 CEDAR AVE 0630133209
EASTWOOD RIDGE $345.51
01-23201-01-020 MONIQUE HARRIS 12859 GARRETT CT 0877261518
EASTWOOD RIDGE 2ND $548.75
01-23201-01-100 TODD KUBINSKI 12832 GARRETT CT 0877261558
EASTWOOD RIDGE 2ND $682.49
01-23201-03-040 CRAIG SADLAK 7008 128TH STREET CT W 0877262153
EASTWOOD RIDGE 2ND $217.93
01-23700-01-130 RONALD BLACKMON 5368 144TH ST W 0170053688
EMERALD POINT $360.17
01-23700-01-410 MICHELLE J O'DONNELL 5330 EMERALD WAY 0632053306
EMERALD POINT $323.05
01-23702-01-060 GREGORY BELL 5378 EMERALD WAY 0632053785
EMERALD POINT 3RD $346.68
01-23702-01-090 JEFF HUNTER 5372 EMERALD WAY 0632053728
EMERALD POINT 3RD $323.90
01-23702-01-110 DAVID TUTU 5368 EMERALD WAY 0632053686
EMERALD POINT 3RD $242.32
01-23702-01-170 KRISHNA SRINIVAS 5356 EMERALD WAY 0632053561
EMERALD POINT 3RD $236.64
01-23702-01-240 FASHION NGULUBE 5383 EMERALD WAY 0632053835
EMERALD POINT 3RD $170.31
01-25650-03-100 ROBERT REISCHAUER 13416 ELKWOOD CIR 0662134166
FARQUAR HILLS $297.06
01-25650-03-230 JARROD M BEACH 13532 LOWER ELKWOOD CT 0662135320
FARQUAR HILLS $409.60
01-27500-04-010 RESIDENT 14490 GARDEN VIEW DR 0354144905
FOREST PARK ESTATES $147.11
01-27503-01-010 VANESSA KAHLE 8612 HOLLAND AVE 0535086124
FOREST PARK ESTATES 4TH $297.44
01-28950-01-030 STEVE NICKELSON 14304 HICKORY CT 0422143046
GARDENVIEW PLACE $50.02
01-28950-01-080 MATTHEW GRABER 14323 HICKORY WAY 0424143234
GARDENVIEW PLACE $140.63
01-28950-01-140 ARIANA WOODARD 14335 HICKORY WAY 0424143358
GARDENVIEW PLACE $171.83
01-28951-01-010 DEAN HEWES 14201 HIBISCUS CT 0420142016
GARDENVIEW PLACE 2ND $231.06
01-30601-01-020 WATER OFF FORECLOSED 8675 135TH ST W 0584086751
GOLFVIEW 2ND $267.95
01-31000-05-110 DAVID J GARDNER 13596 FAIRLAWN AVE 0685135968
GREENLEAF $285.53
01-31000-05-150 HEATHER KAUCHMAN 6945 137TH CT W 0820069452
GREENLEAF $308.17
01-31000-05-310 BRYAN R SCHROEDER 13722 FAIRLAWN AVE 0685137220
GREENLEAF $277.67
01-31000-05-400 JEFFREY STENBOM 13751 FORDHAM AVE 0724137512
GREENLEAF $211.61
01-31000-07-180 DEREK BALSIMO 13734 FORDHAM AVE 0724137348
GREENLEAF $281.97
01-31000-07-230 ROBERT K HAGEN 13782 FRANCHISE AVE 0730137829
GREENLEAF $397.00
01-31001-02-050 CHRIS AYMOND 13422 FLAGSTAFF AVE 0715134221
GREENLEAF 2ND $299.74
01-31001-05-030 DAVID GORDEN-WATER OFF 6567 133RD ST W 0799065671
GREENLEAF 2ND $332.57
01-31001-06-120 DAMIEN ROSSI 6925 133RD CT W 0796069254
GREENLEAF 2ND $288.74
01-31001-10-130 STEVE ODEGARD 13325 FORDHAM AVE 0724133255
GREENLEAF 2ND $332.76
01-31001-10-270 KIRK DECOVICH 13380 FAIRLAWN CT 0688133804
GREENLEAF 2ND $366.00
01-31003-01-050 RHONDA KUKLOCK 13549 FINDLAY AVE 0706135492
GREENLEAF 4TH $396.46
01-31003-11-180 DEUTSCHE BANK NATL TRUST 13625 FERNANDO AVE 0691136257
GREENLEAF 4TH $127.97
01-31004-03-090 CARRIE KUNTZ 13053 FINDLAY AVE 0706130535
GREENLEAF 5TH $313.46
01-31004-04-150 MELLICENT WARINGTON 6401 132ND ST W 0790064012
GREENLEAF 5TH $247.14
01-31004-04-230 LEE ATAKPU 13046 FINDLAY WAY 0712130461
GREENLEAF 5TH $200.93
01-31004-05-340 RONALD E HART 13041 FINCH WAY 0703130413
GREENLEAF 5TH $521.95
01-31004-05-370 RICHARD FRANSON 12981 FINCH WAY 0703129811
GREENLEAF 5TH $281.89
01-31006-06-100 MICHAEL D KERN 5668 139TH STREET CT W 0832056687
GREENLEAF 7TH $401.74
01-31006-06-120 JAMES A DILLY 5648 139TH STREET CT W 0832056489
GREENLEAF 7TH $300.97
01-31006-07-030 LEO BUCKVOLD 5595 138TH ST W 0826055950
GREENLEAF 7TH $224.59
01-31007-05-140 GARY L STECKMAN 5536 133RD STREET CT W 0797055369
GREENLEAF 8TH $348.08
01-31008-01-100 NET PHAT 5531 128TH ST W 0779055312
GREENLEAF 9TH $38.20
01-31008-10-060 KELLY ROOT 5810 130TH STREET CT W 0780058107
GREENLEAF 9TH $369.68
01-31009-02-100 ROBERT BEEM 13045 FERNANDO AVE 0691130458
GREENLEAF 9TH $54.60
01-31010-01-100 STEVEN FRANKE 14100 ENSLEY CT 0656141003
GREENLEAF 10TH $298.35
01-31010-01-340 ERIK FROVIK 14168 ELMIRA CT 0658141688
GREENLEAF 10TH $115.28
01-31010-01-700 CHRISTOPHER UNZEN 5001 142ND PATH W 0840050011
GREENLEAF 10TH $270.94
01-31010-02-060 RICHARD C SMITH 5276 142ND PATH W 0840052769
GREENLEAF 10TH $302.19
01-31010-03-020 BRIAN HAUG 5162 142ND PATH W 0840051621
GREENLEAF 10TH $81.64
01-31011-03-050 DEKEK HOOKOM 4681 141ST ST W 0842046819
GREENLEAF 11TH $456.30
01-31100-04-050 THOMAS BACKUS 7013 146TH STREET CT W 0865070134
GREENLEAF 11TH $255.30
01-31100-05-030 JULIE ABEAR 7051 146TH STREET CT W 0865070514
GREENLEAF TOWNHOUSES $240.71
01-31101-01-010 RYAN VIKANDER 7403 142ND STREET CT W 0841074036
GREENLEAF TOWNHOUSES $223.05
01-31101-02-070 RESIDENT 7421 142ND STREET CT W 0841074218
GREENLEAF TOWNHOUSES $276.95
01-31101-05-010 DOUGLAS MILLER 7481 142ND STREET CT W 0841074812
GREENLEAF TOWNHOUSES 2ND $260.24
01-31102-03-040 LATRENA ROBINSON 7409 143RD STREET CT W 0853074098
GREENLEAF TOWNHOUSES 3RD $206.44
01-31102-04-050 MARY NICOLSON 7419 143RD STREET CT W 0853074197
GREENLEAF TOWNHOUSES 3RD $21.87
01-31102-09-020 MAN FUNG LAU 7368 143RD STREET CT W 0853073686
GREENLEAF TOWNHOUSES 3RD $218.07
01-31800-02-140 GAYLE JOHNSON 13453 GRANADA AVE 0357134531
HALLWOOD HIGHLANDS $217.98
01-32150-01-017 HALIMA ABDULAHI 15746 FOX CIR 0187157464
HAWTHORNE $252.42
01-32150-01-024 RANY DAJANI 15730 FOX CIR 0187157308
HAWTHORNE $326.08
01-32150-01-045 SABINDRA SHRESTHA 15738 FRANCE WAY 0212157380
HAWTHORNE $406.76
Page 3 of 6
Exhibit B
Resolution Number 2017-55
Delinquent Utility Accounts
Assessment #650
PID Name Address Account #Plat_Name Amount
01-32150-01-051 KRYSTAL KARLS 15722 FRANCE WAY 0212157224
HAWTHORNE $688.66
01-32150-01-072 DENNIS MONGOVEN 6717 158TH ST W 0210067177
HAWTHORNE $350.43
01-32150-01-096 VANDY HARPER 6748 158TH ST W 0210067482
HAWTHORNE $215.48
01-32150-01-120 JINXIONG LIN 6818 FOLKESTONE RD 0180068189
HAWTHORNE $276.29
01-32150-01-162 ADRIANNE WADE 15715 FREMONT WAY 0158157154
HAWTHORNE $190.67
01-32151-01-094 NATALIA HEMINGWAY 15850 FRISIAN LN 0159158508
HAWTHORNE $309.90
01-32151-01-101 HIBAT SHARIF 15822 FRISIAN LN 0159158227
HAWTHORNE 2ND $485.68
01-32152-01-040 JAMES LEE WILSON 15708 FRISIAN LN 0159157088
HAWTHORNE 3RD $448.64
01-32152-02-020 ASHLEY A NANDLALL 15720 FRISIAN LN 0159157203
HAWTHORNE 3RD $336.56
01-32200-01-060 DAVID SCHWARZ 13961 DULUTH CT 0639139611
HAZELWOOD ESTATES $394.25
01-32403-01-070 LAWRENCE ANDERSON 13140 HALLMARK CT 0527131409
HERITAGE HILLS 3RD $276.31
01-32405-01-030 RANDY LOEBRICK 13220 HANNOVER AVE 0523132203
HERITAGE HILLS 6TH $344.64
01-32801-01-070 FELONISE PITCHFORD 12815 GERMANE AVE 0757128156
HIDDEN PONDS 2ND $217.99
01-32801-01-080 FELONISE PITCHFORD 12817 GERMANE AVE 0757128172
HIDDEN PONDS 2ND $196.56
01-32801-02-030 JENNIFER FELT 12905 GERMANE AVE 0757129055
HIDDEN PONDS 2ND $353.27
01-33901-02-060 JOHN LAHET 8725 HIGHWOOD WAY 0542087255
HIDDEN PONDS 2ND $279.43
01-33903-01-030 JAMES REX 8521 PALOMINO DR 0537085215
HUNTERS WOOD 4TH $205.02
01-34150-01-160 CHRIS WILCOXON 12600 DRIFTWOOD CT 0642126001
HUNTINGTON $166.58
01-34150-01-290 DEEPAK MATHEW 12675 DURANGO PL 0636126751
HUNTINGTON $387.08
01-34150-04-070 ANDREW SELVIG 12710 DORCHESTER TRL 0643127107
HUNTINGTON $232.45
01-34154-01-130 JEREMY WEESTRAND 12779 EMMER PL 0623127796
HUNTINGTON 5TH $483.73
01-34154-05-070 ELIAS DOMINGUEZ 12915 EMMER PL 0623129156
HUNTINGTON 5TH $253.05
01-34501-01-070 JEFF DIERKERS 15986 HYLAND POINTE CT 0059159861
HYLAND POINTE SHORES 2ND $120.45
01-38950-01-010 AMY MULLENBACH 13205 FLAGSTAFF AVE 0877262448
JOLENE ADDITION $328.17
01-40950-01-040 ATSEDE GEBREMEDHIN GUANJE 14240 GARDEN VIEW DR 0354142404
K & G 1ST ADDN $275.45
01-40950-01-090 RESIDENT 14250 GARDEN VIEW DR 0354142503
K & G 1ST ADDN $370.04
01-40950-01-100 DAVID DODD 8497 142ND ST W 0576084970
K & G 1ST ADDN $340.15
01-44200-01-020 KEN CARLSON 15813 GARDEN VIEW DR 0034158137
LAC LAVON SHORES $320.53
01-44200-04-030 RESIDENT 15745 GARDEN VIEW DR 0034157451
LAC LAVON SHORES $152.34
01-44202-01-070 ALEXANDER WESEMAN 15775 HIGHVIEW DR 0056157751
LAC LAVON SHORES 3RD $185.92
01-45800-03-370 DANIEL JAY BROMENSCHENKEL 8353 157TH ST W 0208083533
LONGRIDGE $239.56
01-45800-04-080 AMY ELLINGSON 15613 HEYWOOD WAY 0045156138
LONGRIDGE $194.89
01-45800-05-020 DIRK WALTON 8461 156TH STREET CT W 0205084617
LONGRIDGE $351.12
01-45800-05-190 TIMOTHY HAUSER 15669 HEYWOOD CT 0044156691
LONGRIDGE $834.67
01-45801-01-070 CLAYTON BAER 15721 HEYWOOD CT 0044157210
LONGRIDGE 2ND $343.89
01-45801-02-070 ERIC C ROE 15872 HAYES TR CT 0042158723
LONGRIDGE 2ND $428.01
01-45801-03-140 GLENN SPRINGER 15757 HAYES TRL 0042157576
LONGRIDGE 2ND $272.89
01-45801-03-600 BOBBI LEONARD 15743 HERSHEY CT 0048157430
LONGRIDGE 2ND $507.99
01-45801-04-320 ARMIN BRUECKNER 15899 HARWELL AVE 0036158994
LONGRIDGE 2ND $177.16
01-45801-06-200 DANA OLSON 15839 HARMONY WAY CT 0039158397
LONGRIDGE 2ND $308.36
01-45801-06-330 TIM KNOWER 8175 159TH ST W 0215081751
LONGRIDGE 2ND $208.29
01-45801-07-020 JEANINE JOHNSON 15890 HARMONY WAY 0039158900
LONGRIDGE 2ND $302.41
01-47175-01-020 ROBERT TYLER 13872 GLENDALE CT 0630138729 MAJESTIC RIDGE $350.47
01-48845-05-040 KEVIN PARTINGTON 14502 EUREKA CT 0692145026 MISTWOOD $131.41
01-49100-01-140 MATTHEW BUSCH 7911 HALLMARK WAY 0023079112
MORNINGVIEW $247.23
01-49100-02-220 PHILLIP RENGEL 15615 HALLMARK PATH 0015156159
MORNINGVIEW $325.92
01-49100-03-060 PAUL EMERSON 15670 HALLMARK PATH 0015156704
MORNINGVIEW $207.53
01-49100-03-080 JENNIFER SWEENY 7875 157TH ST W 0208078756
MORNINGVIEW $355.23
01-49101-05-010 RESIDENT 7771 157TH ST W 0208077717
MORNINGVIEW $314.13
01-49101-05-040 TRICIA JOHNSON 7761 157TH ST W 0208077618
MORNINGVIEW $291.39
01-49101-15-010 CONNIE NELSON 7686 157TH ST W 0208076867
MORNINGVIEW $378.12
01-49101-15-020 MICAH STEWARD 7684 157TH ST W 0208076842
MORNINGVIEW $314.43
01-49101-19-030 PROPHESE FUENTES 7708 157TH ST W 0208077089
MORNINGVIEW 2ND $468.37
01-49102-01-040 HAGAN LEROY 7760 157TH ST W 0208077600
MORNINGVIEW 3RD $179.67
01-49102-13-040 JOHN R BEVERIDGE 15815 GRIFFON PATH 0054158157
MORNINGVIEW 3RD $404.99
01-49102-17-030 ANNE M KNOWLES 15861 GRIFFON PATH 0054158611
MORNINGVIEW 3RD $355.38
01-49103-12-010 BINH NGUYEN 15888 GRIFFON PATH 0054158884
MORNINGVIEW 3RD $121.34
01-49103-13-020 ABDI ABDI 15957 GRANADA AVE 0011159579
MORNINGVIEW 3RD $534.07
01-49103-13-030 PHILIP SMISEK 15959 GRANADA AVE 0011159595
MORNINGVIEW 3RD $375.75
01-49103-15-030 NICHOLE ROBY 15947 GRANADA AVE 0011159470
MORNINGVIEW 4TH $16.13
01-49104-03-030 JASON N GLASS 15940 GRANADA AVE 0011159405
MORNINGVIEW 5TH $323.80
01-49106-02-050 SHAWN WOLTER 15812 GOOSEBERRY WAY 0111158125
MORNINGVIEW 7TH $266.54
01-52000-02-060 MIKE PRESLEY 6580 132ND ST W 0790065803
NORDIC WOODS $236.06
01-52001-01-090 DUWAYNE MEYER 13166 FLORAL CT 0680131665
NORDIC WOODS 2ND $205.63
01-52001-01-160 DONALD J WEEK 13150 FLAMINGO CT 0717131506
NORDIC WOODS 2ND $400.38
01-52014-01-030 DOMINIQUE DAVIS 6826 132ND STREET CT W 0791068269
NORDIC WOODS 15TH $557.97
01-53500-02-080 TRISHA GREENE 7440 GERMANE TRL 0760074405
OAK RIDGE PARK $35.96
01-53500-05-080 CONNIE SIMONSON 7506 GERMANE TR 0760075063
OAK RIDGE PARK $144.20
01-53500-06-020 SARAH DODD 7514 GERMANE TRL 0760075147
OAK RIDGE PARK $24.08
01-56501-02-010 COLEEN CARLSON 13372 HUMMINGBIRD DR 0440133722
PALOMINO CLIFFS 2ND $293.61
01-56600-01-030 SEAN WALKER 366 CIMARRON RD 0528003664
PALOMINO HILLS $254.58
Page 4 of 6
Exhibit B
Resolution Number 2017-55
Delinquent Utility Accounts
Assessment #650
PID Name Address Account #Plat_Name Amount
01-56600-02-020 PAUL ANOZIE 403 CIMARRON RD 0528004035
PALOMINO HILLS $310.06
01-56603-01-140 JANELLE HANNEMANN 115 CHAPARRAL DR 0519001156
PALOMINO HILLS 4TH $309.63
01-56603-01-170 AIDA RABELO 121 CHAPARRAL DR 0519001214
PALOMINO HILLS 4TH $377.11
01-56603-06-030 MARK A OLSON 98 HIDDEN MEADOW RD 0534000985
PALOMINO HILLS 4TH $378.06
01-56603-06-160 NATHAN MACHO 106 CIMARRON CIR 0522001060
PALOMINO HILLS 4TH $451.08
01-56650-05-080 JAY HANSEN 413 REFLECTION RD 0567004136
PALOMINO HILLS LAKESHORE $305.65
01-56700-01-070 KEVIN DEE 109 CIMARRON CT 0525001091
PALOMINO HILLS REPLAT $293.29
01-56722-01-020 RESIDENT 13952 HOLYOKE CT 0370139525
PALOMINO LAKESIDE MEADOWS 3RD $304.45
01-56722-01-040 MELISSA LAWLER 13972 HOLYOKE CT 0370139723
PALOMINO LAKESIDE MEADOWS 3RD $483.48
01-56722-02-020 ANTONIO TAYLOR 13943 HOLYOKE CT 0370139434
PALOMINO LAKESIDE MEADOWS 3RD $581.53
01-56723-01-140 RESIDENT 13820 HOLYOKE LN 0365138201
PALOMINO LAKESIDE MEADOWS 4TH $638.99
01-56775-02-220 MEGAN HENDERSON 13585 HENNA AVE 0547135851
PALOMINO WOODS $120.72
01-56775-04-090 WENDY DERRICOTT 13600 HAVELOCK TRL 0533136004
PALOMINO WOODS $34.51
01-56775-04-100 ALFRED SESAY 13620 HAVELOCK TRL 0533136202
PALOMINO WOODS $425.79
01-56775-05-060 GONZALO DAVILA 13657 HARMONY WAY 0361136571
PALOMINO WOODS $308.47
01-56775-05-070 SCOTT CAMPBELL 13669 HARMONY WAY 0361136696
PALOMINO WOODS $428.56
01-56775-05-140 MICHAEL FLOYD 13670 HARWELL PATH 0520136702
PALOMINO WOODS $285.99
01-56775-08-230 CARL MASON 8102 137TH ST W 0581081029
PALOMINO WOODS $40.96
01-56775-09-050 JULIE A KRANIG 13922 HERALD WAY 0362139228
PALOMINO WOODS $136.75
01-56775-10-090 COLLEEN CRAWFORD 8352 140TH ST W 0570083523
PALOMINO WOODS $334.18
01-56775-10-110 KATHERINE HEALD 8354 140TH ST W 0570083549
PALOMINO WOODS $270.75
01-56775-10-120 WILLIAM GRANGER 8356 140TH ST W 0570083564
PALOMINO WOODS $425.05
01-56775-11-150 DARREN J LIETZAU 14096 HEYWOOD PATH 0366140966
PALOMINO WOODS $264.81
01-56950-01-210 LARRY CROSBY 14234 GLENCOVE TRL 0347142347 PENNOCK 4TH $50.00
01-56950-01-260 RICHARD MEYER 7664 142ND ST W 0576076646 PENNOCK 4TH $316.55
01-57052-01-020 STEVEN BOICE-WATER OFF 14443 GLENDA DR 0352144436 PENNOCK SHORES 3RD $196.66
01-57500-01-050 AHMED SOHIL 14323 EMBRY PATH 0032143230
PENNOCK SHORES $345.48
01-57500-01-100 RICK FOLGER 14343 EMBRY PATH 0032143438
PENNOCK SHORES $366.82
01-57503-02-050 TIM ABBOTT 14342 EBONY LN 0625143429
PENNOCK SHORES 4TH $246.36
01-57506-01-220 JAMES HOLMES 14334 EMPIRE AVE 0104143340
PENNOCK SHORES 7TH $372.13
01-57507-01-090 SAMANTHA HURD 14259 EMPIRE CT 0105142598
PENNOCK SHORES 8TH $88.99
01-57508-01-430 DINA O'SULLIVAN 14368 ESTATES AVE 0112143688
PENNOCK SHORES 9TH $65.04
01-57508-01-480 NICOLE HIDU 14391 ESTATES AVE 0112143910
PENNOCK SHORES 9TH $198.58
01-57508-01-500 VICTORIA RODRIGEZ 14397 ESTATES AVE 0112143977
PENNOCK SHORES 9TH $413.54
01-57651-01-100 BRIAN BUSSE 12705 EVELETH PATH 0671127052 PINECREST 2ND $338.60
01-57651-01-110 LAMPHONE SAENGSOURIYA 12713 EVELETH PATH 0671127136 PINECREST 2ND $359.01
01-63400-03-270 NICK JENSEN 15676 FJORD AVE 0138156763
REGATTA $70.72
01-63401-21-030 JULIE MERRILL 15633 FJORD AVE 0138156334
REGATTA $282.65
01-63401-29-160 COREY G THOMPSON 15570 FINCH AVE 0127155701
REGATTA $287.23
01-63401-29-200 CHERYL COOPER 15578 FINCH AVE 0127155784
REGATTA 2ND $354.83
01-63402-23-030 PHIL LAUGHLIN 15659 FLIGHT LN 0174156594
REGATTA 3RD $277.37
01-63402-31-040 RESIDENT 15630 FLOAT CT 0167156304
REGATTA 3RD $126.06
01-63402-33-030 BEVERLY BOMBARDO 15614 FLOAT CT 0167156148
REGATTA 3RD $73.04
01-63402-34-020 TROY CLELAND 15633 FLIGHT LN 0174156339
REGATTA 3RD $263.89
01-64600-01-020 RONALD VOSS 14259 DRAKE PATH 0610142592 ROLLING RIDGE $434.12
01-64600-02-060 KENNETH BOEHM 14295 DRAKE PATH 0610142956 ROLLING RIDGE $348.72
01-64600-04-070 ERIC W ANDERSON 14405 DRUMLIN CT 0611144050 ROLLING RIDGE $459.48
01-65900-01-070 ANDREW NIKOMOV 7659 128TH ST W 0566076598
SADDLE RIDGE $315.57
01-66200-01-070 DAVID BRUNI 7197 131ST CIR W 0788071979
SALEM WOODS $328.45
01-66500-03-070 RICHARD TENGWALL 13826 GLADIOLA WAY 0766138261
SCOTT HIGHLANDS $112.27
01-66500-04-050 MICHELLE KRAUSE 13953 GAUNTLET CT 0751139530
SCOTT HIGHLANDS $92.58
01-66500-04-230 STEWART GOODMAN 13968 GLAZIER CT 0772139683
SCOTT HIGHLANDS $259.88
01-66500-04-250 STACY OUIMETTE -WATER OFF 13945 GLAZIER CT 0772139451
SCOTT HIGHLANDS $345.53
01-66501-02-290 MAXIMO SANCHEZ 14089 GLAZIER AVE 0769140892
SCOTT HIGHLANDS $397.41
01-66501-02-310 CHRISTOPHER MCCARGAR 14113 GLAZIER AVE 0769141130
SCOTT HIGHLANDS $654.18
01-66501-05-020 JEFFREY C SCHNEIDER 7220 142ND ST W 0844072201
SCOTT HIGHLANDS 2ND $423.09
01-66502-06-070 DANNIA EDWARDS 7040 UPPER 143RD CT W 0847070400
SCOTT HIGHLANDS 3RD $289.03
01-66502-06-080 GEORGE BAKALOV 7036 UPPER 143RD CT W 0847070368
SCOTT HIGHLANDS 3RD $314.15
01-66503-03-010 CHAD ZUELOW 14347 GARLAND AVE 0745143473
SCOTT HIGHLANDS 4TH $281.37
01-66503-03-180 JAMES LYKINS 14426 GARRETT AVE 0748144262
SCOTT HIGHLANDS 4TH $345.06
01-66503-03-200 MIKE J MCCORMICK 14400 GARRETT AVE 0748144007
SCOTT HIGHLANDS 4TH $660.82
01-66700-02-040 SCOTT A FRIEDLAND 5900 142ND ST W 0844059000
SCOTTSBRIAR $454.73
01-66700-05-010 VALERIE MOORE 5634 142ND ST W 0844056345
SCOTTSBRIAR $136.37
01-66700-05-070 RICHARD CONOVER 5716 142ND ST W 0844057160
SCOTTSBRIAR $280.80
01-66700-05-270 JOHN KENDRICK 5691 143RD ST W 0850056916
SCOTTSBRIAR $314.94
01-66700-06-020 JASON CRESS 14314 EUCLID AVE 0665143149
SCOTTSBRIAR $230.08
01-66700-06-070 AMANDA MOBERG 14356 EUCLID AVE 0665143560
SCOTTSBRIAR $335.16
01-66700-07-150 PATRICK SAMUELSON 5647 144TH ST W 0857056471
SCOTTSBRIAR $341.57
01-66700-08-030 RESIDENT 5718 144TH ST W 0857057180
SCOTTSBRIAR $307.92
01-71080-01-010 THE SPRINGS OF APPLE VALLEY IRR14650 1/2 FOLIAGE AVE BLDG #5 0877264568
SPRINGS AT APPLE VALLEY $735.06
01-73101-05-090 JOSEPH FOSTER 13955 DULUTH CT 0639139553
SUMMERFIELD 2ND $293.98
Page 5 of 6
Exhibit B
Resolution Number 2017-55
Delinquent Utility Accounts
Assessment #650
PID Name Address Account #Plat_Name Amount
01-73150-01-010 BRADLEY SWENSON 12002 SAFARI PASS 0873120025
SUMMERFIELD 2ND $201.37
01-73200-05-260 KRISTOPHER WHEELER 5659 125TH ST W 0776056594
SUNSHINES ESTATES $106.00
01-75850-03-070 ROBERT RUSH 12925 HIALEAH CT 0524129257
THE HIGHLANDS $411.81
01-75950-01-070 JEANIE LOMBARDI 7880 133RD ST W 0580078802
THE HIGHLANDS $528.66
01-75950-03-010 THOMAS R NIEDERER 7980 134TH ST W 0583079807
THE OAKS OF APPLE VALLEY $599.16
01-75951-07-040 JUDY STEINER 7567 138TH ST W 0373075676
THE OAKS OF APPLE VALLEY II $130.25
01-75952-03-030 JENNIFER NICHOLS 13608 DULUTH DR 0647136088
THE OAKS OF APPLE VALLEY III $312.25
01-76204-01-030 NANCY TSCHIDA 13986 EMBER WAY 0699139865 THE WOODWINDS 5TH $602.72
01-76400-01-130 TOM SAPP 13343 GLENHAVEN CT 0449133434 TIMBER RIDGE TOWNHOMES $409.23
01-76502-01-050 CRAIG SWANSON 8510 141ST STREET CT W 0574085102
TIMBERWICK 3RD $311.14
01-76504-01-060 DOROTHY PHILLIPS 7935 UPPER 139TH CT W 0369079351
TIMBERWICK 5TH $368.34
01-76504-02-180 DAVID A JOHNSON 7755 139TH CT W 0369077553
TIMBERWICK 5TH $389.59
01-76900-01-130 DAVE BELL 15263 DUNDEE AVE 0029152632
TOUSIGNANTS PRAIRIE CROSSING $338.52
01-76900-01-220 CHRISTINA A DAVIES 15111 DUTCHESS CT 0068151115
TOUSIGNANTS PRAIRIE CROSSING $247.56
01-76900-05-060 JAIREE LOTT CONNER 15125 DUPONT PATH 0120151251
TOUSIGNANTS PRAIRIE CROSSING $280.73
01-76900-05-280 MILLICENT WARRINGTON 15278 DUPONT PATH 0120152788
TOUSIGNANTS PRAIRIE CROSSING $285.54
01-76900-05-400 BUNGKYU JUNG 15182 DUPONT PATH 0120151822
TOUSIGNANTS PRAIRIE CROSSING $403.92
01-77000-07-030 JESSICA CROWLEY 7691 WHITNEY DR 0100076916
TOWNHOUSE 4TH ADDN $244.23
01-77000-08-060 ANTHONY BAHNER 7685 WHITNEY DR 0100076858
TOWNHOUSE 4TH ADDN $306.07
01-77000-09-050 CHRIS SELCHOW 7717 WHITNEY DR 0100077179
TOWNHOUSE 4TH ADDN $125.05
01-77000-11-050 NANCY J CALHOON 7795 WHITNEY DR 0100077955
TOWNHOUSE 4TH ADDN $248.23
01-81320-01-320 MAURICE W YOUNG 12825 GLEN CT 0321128254
VALLEY OAKS TOWNHOMES $197.93
01-81320-02-010 WENDY J STRAIN 12873 PENNOCK AVE 0386128736
VALLEY OAKS TOWNHOMES $257.87
01-81320-02-100 JOSHUA THORSTAD 12853 PENNOCK AVE 0386128538
VALLEY OAKS TOWNHOMES $226.61
01-81325-01-040 VALLEY PINES SPRKLR 14971 1/2 EMBER CT 0122249715 VALLEY PINES $103.52
01-81325-01-050 SHANNON JOHNSON 14973 EMBER CT 0122149733 VALLEY PINES $254.96
01-81400-01-050 WALLY EBERT 7351 146TH WAY W 0867073516
VALLEY SOUTH $271.45
01-81400-01-150 CENEN SANCHEZ 14605 GARRETT AVE 0748146051
VALLEY SOUTH $438.75
01-81400-02-120 ZELALEM KINDE 7335 UPPER 146TH ST W 0864073352
VALLEY SOUTH $354.09
01-81454-01-070 AMINA OSMAN 14784 LOWER ENDICOTT WAY 0197147844
VALLEY WAY VILLAGE 5TH $141.25
01-81454-01-110 LEE RUDRUD 14804 LOWER ENDICOTT WAY 0197148040
VALLEY WAY VILLAGE 5TH $240.37
01-81456-01-190 TOM GORE 14778 ENDICOTT WAY 0194147789
VALLEY WAY VILLAGE 7TH $160.20
01-81457-01-090 SCOTT LARSON 14809 ENDICOTT WAY 0194148092
VALLEY WAY VILLAGE 8TH $378.02
01-81750-02-020 GRANDSTAY RESTAURANT & SHOPS7083 A 153RD ST W 0877260828
VILLAGE AT FOUNDERS CIRCLE $388.71
01-83250-02-050 ANGELA ZARRAS 13866 FAWN RIDGE WAY 0804138661
WATERFORD VILLAGE $236.00
01-83250-03-010 JIM LOCKHART 13805 FAWN RIDGE CT 0701138053
WATERFORD VILLAGE $166.92
01-83250-04-090 JESS SMITH 13710 FAIR OAK CT 0695137103
WATERFORD VILLAGE $422.07
01-83251-02-010 MUSYOKA KALIO 13954 FALLBROOK WAY 0825139540
WATERFORD VILLAGE 2ND $70.40
01-83276-01-210 IRENE EIDE 13943 FARMINGTON WAY 0831139435 WATERFORD VILLAGE TWNHM 2ND $292.67
01-83276-01-370 JOHN KURIMAY 13939 FALCON AVE 0705139396 WATERFORD VILLAGE TWNHM 2ND $236.74
01-84190-02-010 MICHAEL P LARKIN 13745 HEYWOOD CT 0366137459
WILDWOOD $218.42
01-84193-03-020 LEE SACHS 8368 LOWER 138TH CT W 0371083680
WILDWOOD 4TH $255.59
01-84195-02-010 TIBABU TENNA 13720 HEMLOCK CT 0363137205
WILDWOOD 6TH $333.56
01-84351-01-110 HUBERT BORRMANN 13017 GARRETT LN 0752130173 WILLIAMSBURG 2ND $215.17
01-85280-01-020 TARA NELSON 13935 FLEETWOOD AVE 0719139358
WYNDEMERE ADDITION $159.12
01-85283-03-010 SHELBY DANFORTH-HERUTH 6512 137TH ST W 0823065127
WYNDEMERE ADDITION 4TH $290.90
01-85284-01-020 MARK LAYLIN 13601 FLINT LN 0725136018
WYNDEMERE ADDITION 5TH $392.11
01-85284-02-020 NEIL ERICKSON 13568 FLINT LN 0725135689
WYNDEMERE ADDITION 5TH $165.53
ASSESSMENTS AFTER PAYMENTS $119,205.94
Page 6 of 6
I T E M: 5.D.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:Regular Agenda
Description:
A dopt Resolution Approving I nterim Use P ermit for Storage of Mobile F ood Unit by Vivo
S taff Contact:
A lex Sharpe, P lanner and E conomic Dev. S pec.
D epartment / Division:
C ommunity D evelopment Department
Applicant:
Vivo
P roject Number:
P C-17-I UP
Applicant Date: 2/15/2017 60 Days: 5/14/2017 120 Days: 7/13/2017
AC T I O N RE Q UE S T E D:
Adopt a resolution approving an interim use permit for Vivo to store a 34 foot long mobile
kitchen at the parking lot adjacent to 15435 Founders Lane, subject to conditions.
S UM M ARY:
Vivo has applied for an interim use permit to store a newly constructed 34 foot mobile
kitchen on the restaurant site. T he primary use of the vehicle will be for food preparation at
events such as weddings, graduations, and festivals. Vivo is looking for a permanent location
to store the unit, but needs a temporary location until a suitable permanent one is found.
Food will not be prepared or sold in the unit while it is stored on site.
T he lot adjacent to Vivo is owned by a management company as it is a shared parking
facility for all of the Shops on Galaxie. Vivo has received support from all of these users and
the property owner to store the vehicle on site temporarily.
Staff has suggested two locations to store the vehicle in the parking lot as seen in the site
plan attached. T he locations were chosen to allow for the unit to be parked in two back to
back stalls, which are 20’ deep each. T his allows for a 31’ vehicle to be stored in a 40’
combined stall. Reducing the parking lot by 2 stalls temporarily will not affect the overall
parking for the site.
T he location to store the vehicle was primarily determined with fire safety in mind. T he
map attached shows a 330’ radius from the unit in case of an explosion or fire. Fire code
recommends a 300’ radius for food trucks and other vehicles from residential property. Other
locations on the site were considered, but these sites were too close to residential properties.
T he item was considered at the Planning C ommission meeting of April 19. 2017. T he
Commission voted unanimously (5-0) to recommend approval of the interim use permit as
requested. Adoption of the draft resolution will approve the request in accordance with the
Commission's recommendation.
B AC K G RO UND :
An Interim Use Permit may be issued for a temporary use of a property until a particular
date, until the particular occurance of a particular event or until zoning regulations no longer
permit it. T he C ode States all of the following conditions must be met in order to issue the
permit:
1. T he use is deemed to be temporary in light of the comprehensive guide plan designation
for the property site on which the use is proposed to be located and the use conforms to
the zoning regulations herein;
2. T he date or event that will terminate the use can be identified with certainty;
3. Permission of the use will not impose additional costs on the public if it is necessary
for the public to take the property in the future;
4. T he user agrees to any conditions that the C ouncil deems appropriate for permission of
the use; and
5. T he use meets the standards set forth in the zoning regulations herein governing
conditional use permits.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S:
R esolution
Site P lan
Exhibit
Exhibit
Exhibit
Map
Presentation
CITY OF APPLE VALLEY
RESOLUTION NO. 2017 - ___
A RESOLUTION APPROVING AN INTERIM USE PERMIT
FOR VIVO KITCHEN TO STORE A 34 FOOT MOBILE KITCHEN AT THE PARKING LOT
ADJACENT TO 15435 FOUNDERS LANE
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357, the City of Apple Valley has adopted,
as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout
the City; and
WHEREAS, pursuant to Minnesota Statutes 462.3597, the City of Apple Valley has adopted
within its zoning regulations the authority to grant interim use permits; and
WHEREAS, pursuant to the City’s zoning regulations, an “interim use” is a temporary use of
property until a particular date, until the occurrence of a particular event, or until zoning regulations
no longer permit it; and
WHEREAS, approval of an Interim Use Permit for storage of a 34 foot long mobile kitchen
unit has been requested by Vivo Kitchen; and
WHEREAS, review of the Interim Use Permit request to determine its conformance with the
applicable regulations and performance standards has occurred at a public hearing held on April
19, 2017; and
WHEREAS, the Apple Valley Planning Commission recommended approval of the Interim
Use Permit request subject to certain conditions on April 19, 2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,
Dakota County, Minnesota, that an Interim Use Permit for Vivo Kitchen within a “PD” (PD -716)
zone be approved subject to the following conditions:
1. The Interim Use Permit shall apply to property legally described as Lot 1 and 2
of The Legacy of Apple Valley Third Addition.
2. The interim use shall be conducted in conformance with the site plan dated
April 14, 2017, on file at the City Offices.
3. The Vehicle shall be stored in one of the two locations shown on the site plan.
4. The vehicle shall not be stored on the site from December 1, 2017 – February
28, 2018.
c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\5922d018-1e4d-4fb7-a273-da52cbf1bc8a\apple valley.3602.1.interim_use.doc 2
5. Food preparation, sales, or distribution shall not be permitted at the Vivo and
Shops on Galaxie site outside of a special event where the City as issued a
permit.
6. The Interim Use Permit may be revoked if the permittee does not comply with
the terms of conditions above.
7. The Interim Use Permit shall terminate on May 11, 2018, or if Vivo Kitchen
finds a suitable location for permanent storage which complies with all City
codes, or until zoning regulations no longer permit it, whichever occurs earlier.
ADOPTED this _____ day of ____, 20___.
_________________________________
Mary Hamann-Roland, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true
and correct copy of a resolution adopted by the City Council on _________ __, 2017, the original
of which is in my possession, dated this _____day of ______________________, 2017.
____________________________________
Pamela J. Gackstetter, City Clerk
Vivo Mobile Kitchen Storage Site Plan
4/14/17
5/11/2017
1
Vivo Kitchen Interim
Use Permit
Requested Actions
•Adopt a Resolution approving an interim use permit for
Vivo Kitchen to store an up to 34 foot long mobile
kitchen at the parking lot adjacent to 15435 Founders
Lane, subject to the following conditions:
1.The Vehicle shall be stored in one of the two
locations shown on the site plan.
2.The length of the interim use permit shall be one (1)
year from the date of approval.
3.The vehicle shall not be stored on the site from
December 1, 2017 –February 28, 2018.
4.Food preparation, sales, or distribution shall not be
permitted at the Vivo and Shops on Galaxie site
outside of a special event where the City as issued a
permit.
5/11/2017
2
Site Location
Site Details
5/11/2017
3
Case Details
•Site is zoned PD – 716 Zone 4
•Vivo has constructed a mobile kitchen
vehicle
•Seeking temporary storage of the
vehicle on site
•All property owners sharing parking
lot have signed off on the storage
Interior of Kitchen
5/11/2017
4
Completed Mobile Kitchen
Proposed Storage Locations
5/11/2017
5
Fire Separation –Original Location
Fire Separation –Revised Location
5/11/2017
6
Proposed Storage Locations
Questions?
5/11/2017
7
Requested Actions
•Adopt a Resolution approving an interim use permit for
Vivo Kitchen to store an up to 34 foot long mobile
kitchen at the parking lot adjacent to 15435 Founders
Lane, subject to the following conditions:
1.The Vehicle shall be stored in one of the two
locations shown on the site plan.
2.The length of the interim use permit shall be one (1)
year from the date of approval.
3.The vehicle shall not be stored on the site from
December 1, 2017 –February 28, 2018.
4.Food preparation, sales, or distribution shall not be
permitted at the Vivo and Shops on Galaxie site
outside of a special event where the City as issued a
permit.
I T E M: 7.
C O UNC I L ME E T I NG D AT E:May 11, 2017
S E C T I O N:Calendar of Upcoming Events
Description:
Approve Calendar of Upcoming Events
Staff Contact:
Stephanie Marschall, D eputy City Clerk
Department / Division:
City Clerk’s Office
AC T IO N RE Q UE S T E D :
Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is
hereby deemed a Special Meeting of the C ity Council.
S UM M ARY:
Day/Date Time Location Ev ent
Wed./May 10 11:30 a.m.-1:15 p.m.Apple Valley Senior
Center
Chamber Monthly Luncheon -
State of the City Address
Wed./May 10 4:30-6:30 p.m.Uponor Chamber Business After Hours
Wed./May 10 7:00 p.m.Municipal C enter Traffic Safety Advisory Committee
Meeting
T hur./May 11 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting
T hur./May 11 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
Wed./May 17 9:00 a.m.Municipal C enter Firefighters Relief Association
Meeting
Wed./May 17 7:00 p.m.Municipal C enter Planning Commission Meeting
T hur./May 18 9:50 a.m.Eastview High School Mock Crash
T hur./May 18 5:30 p.m.Apple Valley American
Legion Beyond the Yellow Ribbon Dinner
T hur./May 25 6:00 p.m.Municipal C enter ED A Meeting
T hur./May 25 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
Mon./May 29 City Offices C losed Memorial Day
Mon./J une 5 7:00 p.m.Municipal C enter Telecommunications Advisory
Committee Meeting
Tue./J une 6 7:30-9:00 a.m.Title Boxing Club,
Lakeville Chamber C offee Connection
Wed./J une 7 7:00 p.m.Municipal C enter Planning Commission Meeting
T hur./J une 8 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting
T hur./J une 8 7:00 p.m.Municipal C enter Regular City C ouncil Meeting *
June 14-16 Rochester, MN League of Minnesota C ities
Annual C onference
Fri./J une 16 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music
in Kelley Park C oncert Series
B AC K GRO UND :
Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social
gathering. Only at events marked with an asterisk will any action of the Council take place.
B UD GE T IM PACT:
N/A